Except as provided by law or in these bylaws in each district,
no building or structure shall be constructed, used or occupied, nor
shall land be used or occupied, except for the purposes permitted
as set forth in the Table of Use Regulations.
3.1.1.
By right. A use listed in the Table of Use Regulations is permitted
as of right in any district under which it is denoted by the letter
"Y," subject to such restrictions as may be specified elsewhere in
these bylaws.
3.1.2.
Not permitted. A use listed in the Table of Use Regulations
is prohibited in any district under which it is denoted by the letter
"N."
3.1.3.
Special permit: Board of Appeals. A use designated in the Table
by the letters "BA" may be permitted as a special permit only if the
Board of Appeals so determines and grants a special permit as provided
in Section 10.4 of these bylaws, subject to such restrictions as are
set forth elsewhere in these bylaws, and such restrictions as said
Board may establish.
3.1.4.
Special permit: Planning Board. A use designated in the Table
by the letters "PB" may be permitted as a special permit only if the
Planning Board so determines and grants a special permit as provided
in Section 10.4 of these bylaws, subject to such restrictions as are
set forth elsewhere in these bylaws, and such restrictions as said
Board may establish.
3.1.5.
Special permit: Select Board. A use designated in the Table
by the letters "SB" may be permitted as a special permit only if the
Select Board so determines and grants a special permit as provided
in Section 10.4 of these bylaws, subject to such restrictions as are
set forth elsewhere in these bylaws, and such restrictions as said
Board may establish.
[Amended 1-30-2023 STM by Art. 1]
3.1.6.
Uses. Land uses are only allowed as noted below. Any use not
noted herein is prohibited. The abbreviations used are as follows:
|
KEY:
| |
|---|---|
|
Y = Permitted
| |
|
N = Not permitted
| |
|
BA = Permitted by special permit from the Board of
Appeals
| |
|
PB = Permitted by special permit from the Planning
Board
| |
|
SB = Permitted by special permit from the Select Board
[Amended 1-30-2023 STM by Art. 1] |
|
Table 3-1 Table of Uses
| ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
|
Use Group
|
R-15
|
R-40
|
GB
|
NB
|
HB
|
GI
|
LI
|
S-1
| ||
|
A.
|
High Hazard Uses
| |||||||||
|
1.
|
All land and buildings which are used for the sale,
storage, fabricating, assembly, manufacture or processing of combustible
products or materials which are likely to burn with extreme rapidity
or which may produce poisonous fumes after explosions
|
N
|
N
|
N
|
N
|
BA
|
Y
|
N
|
N
| |
|
2.
|
Processing, storage, or reclamation of waste materials
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
N
| |
|
3.
|
Motor vehicle fuel facility
|
N
|
N
|
BA
|
N
|
BA
|
BA
|
N
|
N
| |
|
B.
|
Low Hazard Uses
[Amended 5-12-2014 ATM by Art. 33; 12-4-2017 STM by Art. 7; 5-13-2019 ATM by Art. 19] | |||||||||
|
1.
|
All land and buildings that are used for the assembly,
bottling, fabrication, manufacture, processing or storage of noncombustible
materials, beverages and low-hazard materials, products or wares that
do not ordinarily burn rapidly and that are not high-hazard uses,
and the accessory and incidental sale on such premises of such materials,
products, wares and beverages
|
N
|
N
|
N
|
N
|
BA
|
Y
|
Y
|
PB
| |
|
2.
|
Processing, storage, or reclamation of waste materials
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
N
| |
|
3.
|
Parking lots constructed to the standards found in
Section 6.1
|
N
|
N
|
N
|
Y
|
Y
|
Y
|
Y
|
Y
| |
|
4.
|
Temporary parking lots, whether paved or unpaved, serving
uses with seating capacities of over 7,500 people within the Special
Use (S-1) District
|
PB
|
N
|
PB
|
PB
|
PB
|
PB
|
PB
|
PB
| |
|
C.
|
Retail Uses
[Amended 5-12-2014 ATM by Art. 33; 12-4-2017 STM by Art. 7; 5-14-2018 ATM by Art. 10; 5-13-2019 ATM
by Arts. 19, 20]; 11-4-2019 STM by Art. 11 | |||||||||
|
1.
|
Retail establishment
|
N
|
N
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
| |
|
2.
|
Restaurant
|
N
|
N
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
| |
|
3.
|
Drive-in restaurant
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
N
| |
|
4.
|
Vending machines and entertainment devices, except
that vending machines shall be allowed in all districts on property
owned or leased by the Town of Foxborough, or any board, committee
or department thereof, and where such property is used for municipal
purposes
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
N
| |
|
5.
|
Commercial storage garages and motor vehicle repair
shops
|
N
|
N
|
N
|
N
|
BA
|
Y
|
Y
|
PB
| |
|
6.
|
Adult entertainment or uses (see Section 7.3)
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
PB
| |
|
7.
|
Kennels - commercial and veterinary
|
N
|
N
|
N
|
N
|
N
|
N
|
PB
|
PB
| |
|
8.
|
Landscape/Building supply yards
|
N
|
N
|
N
|
N
|
PB
|
PB
|
PB
|
PB
| |
|
9.
|
Contractor yard
|
N
|
N
|
N
|
N
|
PB
|
PB
|
PB
|
PB
| |
|
10.
|
Brew pub
|
N
|
N
|
PB
|
PB
|
N
|
N
|
N
|
Y
| |
|
D.
|
Business, Service, or Office
[Amended 5-12-2014 ATM by Art. 30; 12-4-2017 STM by Art. 7; 5-14-2018 ATM by Art. 10; 5-13-2019 ATM
by Arts. 19, 26; 5-8-2023 ATM by Art. 12] | |||||||||
|
1.
|
All land and buildings which are used for the transaction
of business, for the rendering of professional or tradesman services
or for the other services that involve stocks of goods, wares, or
merchandise in limited quantities for use incidental to business office
uses or similar purposes, except for other uses specified in this
Use Group D
|
N
|
N
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
| |
|
2.
|
Research and development facilities
|
N
|
N
|
PB
|
PB
|
PB
|
PB
|
PB
|
Y
| |
|
3.
|
Laundry or dry-cleaning facilities
|
N
|
N
|
Y
|
N
|
N
|
Y
|
Y
|
Y
| |
|
4.
|
Junkyard, auto graveyard
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
N
| |
|
5.
|
Funeral establishments
|
N
|
N
|
Y
|
Y
|
Y
|
Y
|
Y
|
N
| |
|
6.
|
Massage parlors
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
N
| |
|
7.
|
Self storage mini-warehouse
|
N
|
N
|
N
|
N
|
BA
|
Y
|
Y
|
Y
| |
|
8.
|
Warehouse
|
N
|
N
|
N
|
N
|
PB
|
PB
|
PB
|
PB
| |
|
9.
|
Automobile storage or automobile auction facilities
|
N
|
N
|
N
|
N
|
PB
|
PB
|
PB
|
PB
| |
|
10.
|
Tattoo parlors
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
PB
| |
|
11.
|
All land and buildings which are primarily used for
the sale of used or previously owned vehicles
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
N
| |
|
12.
|
Registered medical marijuana dispensary
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
PB
| |
|
13.
|
Adult-only retail tobacco store
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
SP
| |
|
E.
|
Assembly
| |||||||||
|
1.
|
Theaters
|
N
|
N
|
Y
|
N
|
Y
|
Y
|
Y
|
Y
| |
|
2.
|
Nightclubs without theatrical stage accessories, designed
for use as dance halls, nightclubs, and for similar purposes
|
N
|
N
|
Y
|
N
|
Y
|
Y
|
Y
|
Y
| |
|
3.
|
Drive-in theaters
|
N
|
N
|
N
|
N
|
BA
|
N
|
N
|
N
| |
|
4.
|
Museums, with or without an auditorium, in which persons
assemble for amusement, entertainment or recreation, and incidental
motion picture, dramatic or educational presentations, lectures or
similar purposes
|
N
|
N
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
| |
|
5.
|
Use of land or structures for religious purposes
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
| |
|
6.
|
Stadiums, coliseums or similar structures for indoor/outdoor
assembly use
|
N
|
N
|
N
|
N
|
N
|
BA
|
BA
|
PB
| |
|
7.
|
Educational use, nonexempt
|
BA
|
BA
|
BA
|
N
|
BA
|
BA
|
BA
|
PB
| |
|
8.
|
Use of land or structures for educational purposes
on land owned or leased by the commonwealth or any of its agencies,
subdivisions or bodies politic or by a religious sect or denomination,
or by a nonprofit educational corporation
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
| |
|
9.
|
Child-care center
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
| |
|
10.
|
Adult day-care facility
|
BA
|
BA
|
BA
|
BA
|
BA
|
N
|
N
|
N
| |
|
11.
|
Tractor trailer schools using public roads
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
N
| |
|
12.
|
Adult entertainment establishment
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
PB
| |
|
F.
|
Institutional
| |||||||||
|
1.
|
All land and buildings for housing people suffering
from physical limitations, including, among others, hospitals, sanitariums,
infirmaries, orphanages, and institutions licensed by the Commonwealth
of Massachusetts
|
BA
|
BA
|
BA
|
BA
|
N
|
N
|
N
|
PB
| |
|
G.
|
Residential
[Amended 11-4-2013 STM by Art. 7; 5-14-2018 ATM by Art. 10; 11-4-2019 STM by Art. 11; 5-10-2021 ATM by Art. 26] | |||||||||
|
1.
|
Lodging, boarding house but not including group homes
or halfway houses
|
BA
|
N
|
BA
|
N
|
N
|
N
|
N
|
N
| |
|
2.
|
Hotels, motels but not including group homes or halfway
houses
|
N
|
N
|
N
|
N
|
PB
|
N
|
PB
|
Y
| |
|
3.
|
Dormitories
|
BA
|
BA
|
BA
|
N
|
N
|
N
|
N
|
N
| |
|
4.
|
Multifamily dwellings
|
PB
|
N
|
PB
|
N
|
N
|
N
|
N
|
N
| |
|
5.
|
Two-family dwelling
|
Y
|
N
|
Y
|
N
|
N
|
N
|
N
|
N
| |
|
6.
|
Single-family dwellings
|
Y
|
Y
|
Y
|
Y
|
N
|
N
|
N
|
N
| |
|
7.
|
Mobile homes/travel trailers park
|
BA
|
BA
|
N
|
N
|
N
|
N
|
N
|
N
| |
|
8.
|
Open space residential developments
|
N
|
PB
|
N
|
N
|
N
|
N
|
N
|
N
| |
|
9.
|
Residential compounds
|
N
|
PB
|
N
|
N
|
N
|
N
|
N
|
N
| |
|
10.
|
Planned development housing
|
N
|
PB
|
N
|
N
|
N
|
N
|
N
|
N
| |
|
11.
|
Accessory apartment
|
Y
|
PB
|
Y
|
PB
|
N
|
N
|
N
|
N
| |
|
12.
|
Assisted living facility, nursing or convalescent home
|
PB
|
PB
|
PB
|
PB
|
PB
|
PB
|
PB
|
N
| |
|
13.
|
Bed-and-breakfast
|
BA
|
BA
|
BA
|
BA
|
N
|
N
|
N
|
N
| |
|
14.
|
Innovative residential development
|
PB
|
PB
|
N
|
N
|
N
|
N
|
N
|
N
| |
|
15.
|
Kennels - personal
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
N
| |
|
H.
|
Agricultural Uses
| |||||||||
|
1.
|
Use of land for the primary purpose of agriculture,
horticulture, floriculture, or viticulture on a parcel of more than
five acres in area
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
| |
|
2.
|
Farm stand, nonexempt
|
N
|
BA
|
PB
|
BA
|
N
|
Y
|
Y
|
N
| |
|
3.
|
Commercial slaughtering, nonexempt
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
N
| |
|
4.
|
Cider mill or lumber mill
|
N
|
BA
|
N
|
BA
|
N
|
Y
|
Y
|
N
| |
|
5.
|
Fur farms, nonexempt
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
N
| |
|
I.
|
Public and Quasi-Public Facilities
[Amended 12-5-2011 STM by Art. 7; 5-14-2018 ATM by Art. 13] | |||||||||
|
1.
|
Cemeteries
|
BA
|
BA
|
N
|
BA
|
N
|
Y
|
Y
|
N
| |
|
2.
|
Essential services
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
| |
|
3.
|
Municipal facilities and structures necessary to the
service of the Town, excluding storage yards, power plants, water,
filter plants, sewage treatment plants and refuse facilities
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
| |
|
4.
|
Telecommunications/wireless communications facilities
as a primary use
|
N
|
N
|
BA
|
BA
|
BA
|
BA
|
BA
|
BA
| |
|
5.
|
Telecommunications/wireless communications facilities
as an accessory use
|
BA
|
BA
|
BA
|
BA
|
BA
|
BA
|
BA
|
BA
| |
|
6.
|
Commuter rail stations, bus stations, and related or
accessory structures and improvements
|
N
|
N
|
N
|
N
|
PB
|
PB
|
PB
|
PB
| |
|
7.
|
Municipal recreation facility
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
| |
|
8.
|
Large-scale ground-mounted solar photovoltaic installation
|
N
|
N
|
N
|
N
|
PB
|
PB
|
Y
|
Y
| |
|
9..
|
Residential large-scale ground-mounted solar photovoltaic
installation
|
N
|
PB
|
N
|
N
|
PB
|
PB
|
Y
|
Y
| |
|
J.
|
Recreational Use
[Amended 5-14-2018 ATM by Art. 10] | |||||||||
|
1.
|
Clubs such as golf clubs, country clubs, private club
or lodge
|
BA
|
BA
|
BA
|
BA
|
BA
|
BA
|
BA
|
PB
| |
|
2.
|
Passive outdoor recreational uses such as beaches,
parks, picnic groves, and other similar uses, but not including amusement
parks
|
N
|
BA
|
N
|
BA
|
BA
|
Y
|
Y
|
PB
| |
|
3.
|
Low-density recreational uses which predominantly occur
within a building such as swimming, tennis, skating and other similar
uses
|
N
|
N
|
BA
|
BA
|
BA
|
Y
|
Y
|
Y
| |
|
4.
|
Boat storage facility, provided no construction or
major repair shall be allowed other than necessary for the maintenance
of boats owned by a proprietor or lessee
|
N
|
BA
|
N
|
BA
|
BA
|
Y
|
Y
|
PB
| |
|
5.
|
Commercial campgrounds
|
N
|
BA
|
N
|
N
|
N
|
N
|
N
|
N
| |
|
6.
|
Outdoor/Indoor recreational uses, including golf driving
ranges, miniature golf courses, batting cages, fields, buildings and
facilities for recreational and athletic activities, and go-carts
and bumper boats (except that go-carts and bumper boats that are powered
by any type of fossil fuel are prohibited in the Water Resource Protection
District), but not including amusement parks and water parks
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
Y
| |
|
7.
|
Wellness and recreation center
|
PB
|
PB
|
PB
|
PB
|
PB
|
PB
|
PB
|
PB
| |
|
8.
|
Outdoor athletic fields and athletic facilities that
are privately owned, including buildings and structures that are accessory
thereto
|
N
|
PB
|
N
|
N
|
N
|
N
|
N
|
Y
| |
|
K.
|
Planned Development
[Amended 5-14-2018 ATM by Art. 10] | |||||||||
|
None
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
N
| ||
|
L.
|
Accessory Uses
[Amended 12-5-2011 STM by Art. 7; 12-4-2017 STM by Art. 7; 5-13-2019 ATM
by Art. 19] | |||||||||
|
1.
|
The storage (temporary or otherwise), sale or processing
of any combustible or waste materials
|
N
|
N
|
BA
|
BA
|
BA
|
BA
|
BA
|
PB
| |
|
2.
|
Seasonal migrant workers quarters, mobile home or watchman's
quarters as accessory uses to permitted agricultural and industrial
uses
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
| |
|
3.
|
Residential accessory uses and structures. Gross area
of residential storage structures shall not exceed 400 square feet
or 21 feet in height; the gross area of temporary wayside stands shall
not exceed 400 square feet
[Amended 11-15-2021 STM by Art. 3] |
Y
|
Y
|
Y
|
Y
|
N
|
N
|
N
|
N
| |
|
4.
|
Residential garages that do not exceed 21 feet in height
and a footprint that does not exceed 625 square feet
[Amended 11-15-2021 STM by Art. 3] |
Y
|
Y
|
Y
|
Y
|
N
|
N
|
N
|
N
| |
|
5.
|
Residential garages that exceed 21 feet in height or
have a footprint greater than 625 square feet
[Amended 11-15-2021 STM by Art. 3] |
BA
|
BA
|
BA
|
BA
|
N
|
N
|
N
|
N
| |
|
6.
|
Outdoor storage or overnight parking of buses, trucks
or other vehicles whose gross vehicle weight (GVW), as determined
by Mass. Registry of Motor Vehicles, exceeds 10,000 pounds
|
N
|
N
|
N
|
N
|
Y
|
Y
|
Y
|
Y
| |
|
7.
|
Accessory uses to multifamily dwellings which are located
within the principal building and are limited to eating establishments,
personal service establishments; retail sales establishments selling
convenience merchandise
|
Y
|
Y
|
Y
|
N
|
Y
|
Y
|
Y
|
Y
| |
|
8.
|
Accessory structures to multifamily structures
|
BA
|
N
|
BA
|
N
|
BA
|
BA
|
BA
|
BA
| |
|
9.
|
Nonresidential accessory uses and structures which
do not exceed 15% of the gross area of the principal building or buildings
|
N
|
N
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
| |
|
10.
|
Home occupation, intensive
|
BA
|
BA
|
Y
|
Y
|
N
|
N
|
N
|
N
| |
|
11.
|
Home occupation, nonintensive
|
Y
|
Y
|
Y
|
Y
|
N
|
N
|
N
|
N
| |
|
12.
|
Keeping of livestock or horses on a parcel of land
which is not greater than two acres in area
|
BA
|
BA
|
BA
|
BA
|
BA
|
BA
|
BA
|
BA
| |
|
13.
|
Keeping of livestock or horses on a parcel of land
which is greater than two acres in area
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
| |
|
14.
|
Family day care, large or small
|
BA
|
BA
|
BA
|
BA
|
BA
|
BA
|
BA
|
N
| |
|
15.
|
Drive-through facility
|
N
|
N
|
PB
|
PB
|
Y
|
Y
|
Y
|
Y
| |
|
16.
|
On-site ground-mounted solar photovoltaic installation
|
PB
|
Y
|
PB
|
PB
|
PB
|
Y
|
Y
|
Y
| |
|
17.
|
All land and buildings that are used for the sale of
used or previously owned vehicles where such sales activities are
accessory to a use that is permitted under this bylaw.
|
N
|
N
|
N
|
N
|
PB
|
PB
|
PB
|
PB
| |
|
M.
|
Other Uses
[Amended 5-13-2019 ATM by Art. 19] | |||||||||
|
1.
|
Electronic video or mechanical gambling machines or
devices or similar games of chance involving the betting or wagering
of money
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
N
| |
|
2.
|
Access ways (including no more than one limited access
way through residential districts) and associated infrastructure,
including, but not limited to, drainage, sewer lines and utilities
serving events licensed by the Select Board at stadium within the
Economic Development Area Overlay District
[Amended 1-30-2023 STM by Art. 1] |
N
|
Y
|
N
|
N
|
N
|
N
|
N
|
Y
| |
|
3.
|
Parking spaces beyond the requirements of the primary
use(s) on the lot, provided the spaces are constructed to the standards
found in Section 6.0 of these bylaws
|
PB
|
PB
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
| |
|
4.
|
Arcades
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
PB
| |
3.1.7.
Notes to Table of Use Regulations.
1.
See Section 9.0 for further regulations applicable in all overlay
districts. To the extent that the provisions of this Section 3.0 are
in conflict, the provisions of Section 9.0 shall govern.
2.
There shall be allowed no more than one such access way through a
residential district to serve such a stadium use, except that this
limitation shall not apply to any emergency access way serving such
stadium that is required by public safety officials of the Town of
Foxborough. For (i) all National Football League (or successor) football
games, (ii) soccer games, and (iii) six other events, for which tickets
will be made available for 50,000 or more attendees (the "permitted
events"), the one limited access way through residential districts
may be used pursuant to site plan approval granted by the Planning
Board and shall be subject to limitations as to the time, and number
and type of vehicles using said access way, pursuant to Section 9.5.10.5.
For any other stadium event for which greater than 50,000 tickets
will be made available, the Planning Board may allow the use of said
limited access way through residential districts subject to the issuance
of a special permit. When reviewing a request for a special permit,
the Planning Board shall employ the criteria detailed in Section 10.4
of these bylaws. Among these and other concerns, the Board shall also
review the day(s) of the week the access way is proposed to be open,
the proposed hours of operation, the proposed number and types of
vehicles to use it, and the general impacts on the neighborhood.
3.
The arcade must be located in separate room from the primary use
and must be staffed by a dedicated employee of the business of the
primary use when open. There must be at a minimum 30 square feet net
of floor space per machine in the arcade room. There shall be at least
one dedicated employee for every 30 machines.
4.
Considering a request for a special permit for the sale of used or
previously owned vehicles, the Board shall employ the criteria found
in Section 10.4 of these bylaws. Among other concerns, it shall also
consider the proximity of the use to residential dwellings, the proposed
location relative to similar uses, the number of vehicles proposed
for sale and the proposed landscaping, screening and buffering.
5.
Any use that would be offensive, hazardous, or harmful to the neighborhood
or to property in the vicinity by reason of blight, air, water or
noise pollution, debris, salvage materials, junk, solid or liquid
waste, danger of explosion or fire, electric or electronic interference,
or conditions conducive to the breeding of insects and rodents is
prohibited whether or not enumerated around the uses otherwise permitted
in any district. Research and development activities that involve
radioactive materials, high-intensity electromagnetic radiation, or
chemical or biological processes in a manner that constitutes a present
or potential threat or danger to public health, safety or welfare
or to the environment when improperly stored, treated, transported,
discharged, disposed of, used or otherwise managed, are prohibited
in all districts.
[Amended 5-14-2018 ATM
by Art. 10]
6.
Access to any outdoor athletic field or athletic facility that is
situated in the R-40 Residential and Agricultural District, whether
in its entirety or in part, shall be provided only from an accepted
way through a nonresidential district. This restriction shall not
apply to any emergency access required by public safety officials
of the Town of Foxborough.
[Added 5-14-2018 ATM
by Art. 10]
7.
The total gross floor area of retail establishments, except for restaurants
with seating, shall not exceed 75% of the gross square footage of
the buildings or structures in which any such use is situated, provided
that the Planning Board may grant a special permit to increase the
gross floor area that is used for such purposes to more than 75% of
the gross square footage of any such buildings and structures.
[Added 5-14-2018 ATM
by Art. 10; amended 5-13-2019 ATM
by Art. 20]
8.
Unless otherwise authorized by the special permit granting authority,
the architectural design of any accessory structure, and the type
and color of the external materials used in its construction, shall
be comparable to the principal structure to which it is incidental
and subordinate.
[Added 5-14-2018 ATM
by Art. 12]
3.2.1.
General. Accessory uses and structures shall be permitted or
permitted by special permit as set forth in the Table of Use Regulations.
3.2.2.
Home occupation, intensive. An intensive home occupation is
permitted by special permit as set forth in the Table of Use Regulations
in the principal residence or in an accessory building, subject to
the following standards:
[Amended 5-13-2013 ATM by Art. 25]
1.
The business must not produce noise or other objectionable characteristics
beyond the limits of the lot; and
2.
The area devoted to the home occupation shall not exceed 40% of the
habitable floor area of the principal residence; and
3.
Necessary off-street parking shall be provided; and
4.
No more than two persons in addition to family members residing in
the residence may be employed within the principal residence or in
an accessory building; and
5.
Storage of material or products outside of the principal residence
is prohibited; and
6.
The making of external structure alterations to the principal residence
or an accessory building is prohibited.
3.2.3.
Home occupation; nonintensive. A nonintensive home occupation
is permitted as of right as set forth in the Table of Use Regulations
in the principal residence or in an accessory building, subject to
the following standards:
1.
The business must not produce noise or other objectionable characteristics
beyond the limits of the lot; and
2.
The area devoted to home occupation may not exceed 400 square feet
total in the habitable area of the principal dwelling and the accessory
building and shall not exceed 20% of the habitable area of the dwelling;
and
3.
Not more than one vehicle dedicated or used in conjunction with the
occupation may be parked on the property and said vehicle shall be
registered and routinely driven on public streets and lawful to any
other requirements of these bylaws; and
4.
No employees are permitted in conjunction with this employment; and
5.
No customers or business associates are permitted to regularly visit
said dwelling or in any manner transact any business from the dwelling;
and
6.
Routine deliveries of packages shall be less than 70 pounds; and
7.
Storage of materials or products outside of a principal building
is prohibited; and
8.
The making of external structural alterations which are not customary
in residential buildings is prohibited; and
9.
No signage concerning the home occupation is permitted; and
10.
Not more than two residents may be engaged in the same or related
home occupation.
3.3.1.
Amusement or recreation. Temporary uses for amusement and recreation
shall require the issuance of a special permit from the Select Board,
and may be subject to appropriate conditions.
[Amended 1-30-2023 STM by Art. 1]
3.3.2.
Other. Except as provided for in Section 3.3.1, when the Board
of Appeals finds that the general health, safety or welfare of the
Town will be served by allowing as a temporary use one that is not
otherwise permitted, and where such use will not be in conflict with
the purposes permitted in the district in which such use is situated
and such temporary use may be permitted for a period of not more than
one year, without recourse of an extension of time, a special permit
may be granted for same.
