[Amended 4-23-2018 ATM by Art.
34, AG 8-10-2018, eff. 4-23-2018; 10-1-2018 STM by Art. 24, AG 2-22-2019, eff. 10-1-2018; 10-4-2021 STM by Art. 27, AG 1-27-2022, eff. 10-4-2021; 4-25-2022 ATM by Art. 19, AG 11-4-2022, eff. 4-25-2022]
Except as otherwise provided herein no dwelling, building, structure,
land or part thereof shall be used for any purpose or in any manner
other than for one or more of the uses hereinafter set forth as "permitted"
(Y) in the District in which such dwelling, building, structure or
land is located or set forth as "permissible by special permit" (PB
or ZBA) in said District and so authorized. All uses not set forth
in the Table of Uses are prohibited. See Sections 4.3.2 and
4.5.3 regarding the requirements for special permits for larger buildings
in the Business and GU Districts respectively.
TABLE OF USES
| |||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|
PRINCIPAL USE
|
RA
|
RB
|
RR
|
B
|
I
|
GU
|
GUX
|
GUA
|
GUB
|
CD
| |
A.
|
RESIDENTIAL USES
| ||||||||||
1.
|
Single-family dwelling
|
Y
|
Y
|
Y
|
N
|
N
|
Y
|
Y
|
Y
|
Y
|
N
|
2.
|
Two-family dwelling
|
N
|
N
|
N
|
N
|
N
|
ZBA
|
ZBA
|
N
|
ZBA
|
N
|
3.
|
Trailer or mobile home
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
4.
|
Conversion of single family to up to three dwelling units
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
N
|
ZBA
|
N
|
5.
|
Dwelling units above street level floor
|
N
|
N
|
N
|
ZBA
|
N
|
N
|
N
|
N
|
N
|
N
|
6.
|
Multifamily dwelling
|
N
|
N
|
N
|
N
|
N
|
ZBA
|
ZBA
|
N
|
ZBA
|
N
|
7.
|
Adult mobile home park
|
PB
|
PB
|
PB
|
N
|
N
|
PB
|
PB
|
PB
|
PB
|
N
|
8.
|
Open Space Residential Preservation Development
|
PB
|
N
|
PB
|
N
|
N
|
PB
|
PB
|
N
|
PB
|
N
|
9.
|
Retreat lot
|
PB
|
PB
|
PB
|
N
|
N
|
PB
|
PB
|
N
|
PB
|
N
|
TABLE OF USES
| |||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|
PRINCIPAL USE
|
RA
|
RB
|
RR
|
B
|
I
|
GU
|
GUX
|
GUA
|
GUB
|
CD
| |
B.
|
EXEMPT USES (PURSUANT TO MGL CH 40A SECTION 3)
| ||||||||||
1.
|
Agricultural Uses, Road Side Stands and Horse stables
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
2.
|
Use of land or structures for religious purposes
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
3.
|
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 by a nonprofit educational
corporation
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
4.
|
Child Care Center
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
5.
|
Municipal or governmental facilities
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
TABLE OF USES
| |||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|
PRINCIPAL USE
|
RA
|
RB
|
RR
|
B
|
I
|
GU
|
GUX
|
GUA
|
GUB
|
CD
| |
C.
|
INSTITUTIONAL USES
| ||||||||||
1.
|
Philanthropic, fraternal, patriotic or charitable institution
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
N
|
2.
|
Library, museum or park
|
ZBA
|
ZBA
|
ZBA
|
Y
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
N
|
3.
|
Essential Services
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
PB
|
TABLE OF USES
| |||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|
PRINCIPAL USE
|
RA
|
RB
|
RR
|
B
|
I
|
GU
|
GUX
|
GUA
|
GUB
|
CD
| |
D.
|
COMMERCIAL USES
| ||||||||||
1.
|
Nonexempt educational use
|
N
|
N
|
N
|
Y
|
N
|
Y
|
Y
|
Y
|
Y
|
N
|
2.
|
Reserved
| ||||||||||
3.
|
Kennel, Commercial
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
N
|
4.
|
Veterinarian's office; Animal hospital
|
N
|
N
|
N
|
ZBA
|
N
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
N
|
5.
|
Private club or lodge
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
N
|
Y
|
Y
|
Y
|
Y
|
N
|
6.
|
Nursing or convalescent home
|
ZBA
|
ZBA
|
ZBA
|
N
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
N
|
7.
|
Funeral home
|
N
|
N
|
N
|
Y
|
N
|
Y
|
Y
|
Y
|
Y
|
N
|
8.
|
Motel or Hotel
|
N
|
N
|
N
|
N
|
N
|
Y
|
Y
|
Y
|
Y
|
PB
|
9.
|
Bed and Breakfast
|
ZBA
|
ZBA
|
ZBA
|
Y
|
N
|
Y
|
Y
|
Y
|
Y
|
N
|
10.
|
Retail stores and services not elsewhere set forth
|
N
|
N
|
N
|
Y
|
N
|
Y
|
Y
|
Y
|
Y
|
PB
|
11.
|
Motor vehicle sales and rental
|
N
|
N
|
N
|
ZBA
|
N
|
Y
|
Y
|
Y
|
Y
|
N
|
12.
|
Motor vehicle general and body repair
|
N
|
N
|
N
|
N
|
N
|
Y
|
Y
|
Y
|
Y
|
N
|
13.
|
Motor vehicle light service
|
N
|
N
|
N
|
N
|
N
|
Y
|
Y
|
Y
|
Y
|
N
|
14.
|
Restaurant
|
N
|
N
|
N
|
Y
|
N
|
Y
|
Y
|
Y
|
Y
|
PB
|
15.
|
Restaurant, fast food
|
N
|
N
|
N
|
Y
|
N
|
Y
|
Y
|
Y
|
Y
|
PB
|
16.
|
Aviation Use
|
ZBA
|
ZBA
|
ZBA
|
N
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
N
|
17.
|
Business or professional office, including medical
|
N
|
N
|
N
|
Y
|
N
|
Y
|
Y
|
Y
|
Y
|
PB
|
18.
|
Medical clinic
|
N
|
N
|
N
|
Y
|
N
|
Y
|
Y
|
Y
|
Y
|
PB
|
19.
|
Bank, financial agency
|
N
|
N
|
N
|
Y
|
N
|
Y
|
Y
|
Y
|
Y
|
PB
|
20.
|
Indoor commercial recreation
|
N
|
N
|
N
|
ZBA
|
N
|
Y
|
Y
|
Y
|
Y
|
PB
|
21.
|
Outdoor commercial recreation
|
ZBA
|
ZBA
|
ZBA
|
N
|
ZBA
|
Y
|
Y
|
Y
|
Y
|
PB
|
22.
|
Golf course
|
ZBA
|
ZBA
|
ZBA
|
N
|
ZBA
|
Y
|
Y
|
Y
|
Y
|
PB
|
23.
|
Personal Service Establishment
|
N
|
N
|
N
|
Y
|
N
|
Y
|
Y
|
Y
|
Y
|
PB
|
24.
|
General Service Establishment
|
N
|
N
|
N
|
ZBA
|
N
|
Y
|
Y
|
Y
|
Y
|
PB
|
25.
|
Adult Use
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
ZBA
|
N
|
N
|
26.
|
Hospital
|
N
|
N
|
N
|
Y
|
N
|
Y
|
Y
|
Y
|
Y
|
PB
|
27.
|
Fitness Center
|
N
|
N
|
N
|
Y
|
N
|
Y
|
Y
|
Y
|
Y
|
PB
|
28.
|
Movie Theater
|
N
|
N
|
N
|
Y
|
N
|
Y
|
Y
|
Y
|
Y
|
PB
|
29.
|
Indoor Flea Market
|
N
|
N
|
N
|
Y
|
N
|
Y
|
Y
|
Y
|
Y
|
N
|
30.
|
Food processing or packaging with onsite sales
|
N
|
N
|
N
|
Y
|
N
|
Y
|
Y
|
Y
|
Y
|
N
|
31.
|
Adult Day Care
|
N
|
N
|
N
|
Y
|
N
|
Y
|
Y
|
Y
|
Y
|
N
|
32.
|
Dry Cleaners, onsite cleaning
|
N
|
N
|
N
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
N
|
33.
|
Medical Marijuana Dispensary
|
N
|
N
|
N
|
N
|
N
|
ZBA
|
ZBA
|
N
|
ZBA
|
N
|
34.
|
Marijuana Establishments*
|
NOTES:
|
* Marijuana Establishments are allowed in the Cannabis Business
Overlay District (CBD) by Special Permit as set forth in Section 8.5.
|
TABLE OF USES
| |||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|
PRINCIPAL USE
|
RA
|
RB
|
RR
|
B
|
I
|
GU
|
GUX
|
GUA
|
GUB
|
CD
| |
E.
|
INDUSTRIAL USES
| ||||||||||
1.
|
Earth removal on premises owned by Town
|
Y
|
Y
|
Y
|
N
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
2.
|
Commercial earth removal
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
3.
|
Light manufacturing
|
N
|
N
|
N
|
N
|
ZBA
|
Y
|
Y
|
Y
|
PB
| |
4.
|
Manufacturing
|
N
|
N
|
N
|
N
|
ZBA
|
Y
|
Y
|
Y
|
PB
| |
5A.
|
Wholesale, Warehouse, or distribution facility
|
N
|
N
|
N
|
N
|
ZBA
|
Y
|
Y
|
Y
|
PB
| |
5B.
|
Self-storage mini warehouse
|
N
|
N
|
N
|
N
|
ZBA
|
Y
|
Y
|
Y
|
N
| |
6.
|
Junkyard or automobile graveyard
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
7.
|
Contractor landscaper yard
|
N
|
N
|
N
|
N
|
Y
|
Y
|
Y
|
Y
|
Y
|
N
|
8.
|
Transport terminal
|
N
|
N
|
N
|
N
|
ZBA
|
Y
|
Y
|
Y
|
Y
|
N
|
9.
|
Operations involving radioactive materials
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
10.
|
Large Scale Ground Mounted Solar Photovoltaic Installation
|
ZBA
|
ZBA
|
ZBA
|
N
|
Y
|
Y
|
Y
|
Y
|
PB*
|
NOTES:
|
* As accessory to the principal use.
|
TABLE OF USES
| |||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|
PRINCIPAL USE
|
RA
|
RB
|
RR
|
B
|
I
|
GU
|
GUX
|
GUA
|
GUB
|
CD
| |
F.
|
ACCESSORY USES
| ||||||||||
1.
|
Up to 2 boarders with owner resident on premises
|
Y
|
Y
|
Y
|
Y
|
N
|
Y
|
Y
|
Y
|
Y
|
N
|
2.
|
Customary home occupation; or, Home trade shop
|
Y
|
Y
|
Y
|
Y
|
N
|
Y
|
Y
|
Y
|
Y
|
N
|
3.
|
Intensive home occupation
|
ZBA
|
ZBA
|
ZBA
|
N
|
N
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
N
|
4.
|
Accessory buildings or structures
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
5.
|
Family day care home, small
|
Y
|
Y
|
Y
|
Y
|
N
|
Y
|
Y
|
Y
|
Y
|
N
|
6.
|
Family day care home, large
|
ZBA
|
ZBA
|
ZBA
|
Y
|
N
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
N
|
7.
|
Adult day care facility
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
N
|
8.
|
Light manufacturing and assembly accessory to onsite retail
|
N
|
N
|
N
|
Y
|
N
|
Y
|
Y
|
Y
|
Y
|
PB
|
9.
|
Wholesale outlet accessory to retail operation
|
N
|
N
|
N
|
ZBA
|
N
|
Y
|
Y
|
Y
|
Y
|
PB
|
10.
|
Family accessory apartment
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
N
|
11.
|
Accessory use to a use allowed by special permit
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
PB
|
12.
|
Kennel, Household or Private
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
N
|
13.
|
Kennel, Hobby
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
N
|
14.
|
Accessory Scientific Uses
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
ZBA
|
PB
| |
15.
|
Accessory Solar Photovoltaic Installation
|
Y
|
Y
|
Y
|
ZBA
|
Y
|
Y
|
Y
|
Y
|
PB
| |
16.
|
Business or professional office, including medical, accessory
to a principal use (excepted from the foregoing is home uses allowed
under Sections 3.2.1, 3.2.2 and 3.2.3)
|
N
|
N
|
N
|
Y
|
Y
|
Y
|
Y
|
Y
|
PB*
|
NOTES:
|
* As accessory to the principal use.
|
TABLE OF USES
| |||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|
PRINCIPAL USE
|
RA
|
RB
|
RR
|
B
|
I
|
GU
|
GUX
|
GUA
|
GUB
|
CD
| |
G.
|
OTHER USES
| ||||||||||
1.
|
Drive-through windows
|
N
|
N
|
N
|
N
|
N
|
Y
|
Y
|
Y
|
Y
|
PB
|
3.1.1.
Key. In the Table of Uses, the following key shall
apply:
Y
|
Use available as of right
|
N
|
Prohibited use
|
ZBA
|
Special Permit - Zoning Board of Appeals
|
PB
|
Special Permit - Planning Board
|
BOS
|
Special Permit - Board of Selectmen
|
Those accessory uses set forth in the Table of Uses are permitted
either as a matter of right or by special permit as specified. The
use of one or more accessory buildings or structures is allowed.
3.2.1.
Customary Home Occupation. The use of a room or
rooms in an existing dwelling unit for customary home occupations
conducted by resident occupants provided all of the following apply:
3.2.2.
Home Occupation by a Tradesperson. The use of the
premises or dwelling, building or structure thereon, in connection
with his trade by one resident carpenter, electrician, painter, plumber
or other artisan provided all of the following apply:
1.
Such use is accessory to the residential use of the premises;
2.
No manufacturing or business requiring substantially continuous
employment may be carried out on the premises;
3.
Such use is not noxious or offensive by reason of noise, odor,
smoke or static;
4.
Such use does not create a public nuisance or hazard; and,
5.
No merchandise or materials worked upon, required for use or
made for sale are visible to the passing public.
3.2.3.
Intensive Home Occupation. The Zoning Board of
Appeals may issue a special permit to authorize the use of the premises
or dwelling, building or structure located thereon, in connection
with an occupation, vocation or manufacture of any product or any
operation of a mechanical nature, provided all of the following apply:
1.
Such use is accessory to the residential use of the premises;
2.
Such use or operation is not by its mechanical nature noxious
or offensive by reason of noise, odor, smoke or static;
3.
Such use does not create a public nuisance or hazard;
4.
No use or operation may employ more than three (3) persons by
the resident occupant of such business;
5.
All merchandise or materials worked upon, required for use,
or made for sale, including trucks, cars, trailers, or any other equipment
used in the operation of the business be stored in a fully enclosed
building or not be visible to the neighbors from their dwelling or
the passing public from a public way; and,
6.
Adequate hardtop or porous surface off-street parking spaces
for such business customers, employees and residents must be provided.
3.2.4.
Accessory Scientific Uses. The Zoning Board of
Appeals may issue a special permit to authorize a use which is accessory
to other activities if such other activities are permitted as a matter
of right under the provisions of this Bylaw and if such other activities
are necessary in connection with scientific research or scientific
developments or related production. There shall be no need that the
proposed accessory use and the principal activity be conducted on
the same parcel of land.
3.3.1.
Applicability. This Zoning Bylaw shall not apply
to structures or uses lawfully in existence or lawfully begun or to
a building or special permit issued before the first publication of
notice of the public hearing required by MGL Chapter 40A Section 5
at which this Zoning Bylaw or any relevant part thereof, was adopted.
Such prior, lawfully existing nonconforming uses and structures may
continue, provided that no change or alteration of the use or structure
is accomplished, unless authorized hereunder.
3.3.2.
Nonconforming Uses. The Zoning Board of Appeals
may award a special permit to change a nonconforming use in accordance
with this section only if it determines that such change or extension
shall not be substantially more detrimental than the existing nonconforming
use to the neighborhood. The following types of changes to nonconforming
uses may be considered by the Zoning Board of Appeals:
3.3.3.
Nonconforming Structures. The Zoning Board of Appeals
may award a special permit to reconstruct, extend, alter or change
a nonconforming structure in accordance with this section only if
it determines that such reconstruction, extension, alteration, or
change shall not be substantially more detrimental than the existing
nonconforming structure is to the neighborhood. The following types
of changes to nonconforming structures may be considered by the Zoning
Board of Appeals:
3.3.4.
Variance Required. Except as provided in Subsection
3.3.5 below, the reconstruction, extension or structural change of
a nonconforming structure in such a manner as to increase an existing
nonconformity or create a new nonconformity, shall require a variance;
provided, however that the extension of an exterior wall at or along
the same nonconforming distance within a required yard setback shall
require the issuance of a special permit from the Zoning Board of
Appeals.
3.3.5.
Nonconforming Single and Two Family Residential Structures. Nonconforming single and two family residential structures may be
reconstructed, extended, altered or structurally changed upon a determination
by the Building Inspector that such proposed reconstruction, extension,
alteration or change does not increase the size of the existing nonconforming
structure by more than 15% where the lot has less than 20,000 square
feet, by more than 25% where the lot has 20,000 but less than 60,000
square feet or by more than 50% where the lot is 60,000 square feet
or greater and the change does not increase the nonconforming nature
of said structure. The following circumstances shall not be deemed
to increase the nonconforming nature of said structure:
1.
Reconstruction, extension, change or alteration to a structure
located on a lot with insufficient area which complies with all current
setback, yard, building coverage and building height requirements;
2.
Reconstruction, extension, change or alteration to a structure
located on a lot with insufficient frontage which complies with all
current setback, yard, building coverage and building height requirements;
3.
Reconstruction, extension, change or alteration to a structure
which encroaches upon one or more required yard or setback areas,
where the reconstruction, extension, change or alteration will comply
with all current setback, yard, building coverage and building height
requirements.
In the event that the Building Inspector determines that the
nonconforming nature of such structure would be increased by the proposed
reconstruction, extension, alteration or change, the Zoning Board
of Appeals may, by special permit, allow such reconstruction, extension,
alteration or change where it determines that the proposed modification
will not be substantially more detrimental than the existing nonconforming
structure is to the neighborhood. For each foot a lot has street frontage
less than the requirements of Section 4.0 hereof, three (3") inches
may be deducted from the prescribed setback from each side lot line
as required in Section 4.0 hereof, but in no instance shall a dwelling,
building or accessory structure be erected, placed or converted closer
than six (6') feet to side lot lines.
|
3.3.6.
Abandonment or Non-Use. A nonconforming use or
structure, other than a residential dwelling, which has been abandoned
or not used for a period of two years, shall lose its protected status
and be subject to all of the provisions of this Zoning Bylaw; provided,
however, that by the issuance of a special permit, the Zoning Board
of Appeals may reestablish the protected nonconforming status of such
use or structure. A residential dwelling which has been abandoned
shall lose its protected status and be subject to all of the provisions
of this Zoning Bylaw; provided, however, that by the issuance of a
special permit the Zoning Board of Appeals may reestablish the protected
nonconforming status of such use or structure.
3.3.7.
Reconstruction after Catastrophe or Demolition. Except as provided in Section 3.3.5 above, any nonconforming structure
may be reconstructed after a catastrophe or after demolition in accordance
with the following provisions:
1.
Reconstruction of said premises shall commence within two years
after such catastrophe or demolition.
2.
Building(s) as reconstructed shall be located on the same footprint
as the original nonconforming structure and shall be only as great
in volume or area as the original nonconforming structure;
3.
In the event that the proposed reconstruction would (a) cause
the structure to exceed the volume or area of the original nonconforming
structure, (b) cause the structure to be located other than on the
original footprint or (c) where reconstruction has not commenced within
2 years of such catastrophe or demolition, a special permit shall
be required from the Zoning Board of Appeals prior to such demolition
and reconstruction.
3.3.8.
Reversion to Nonconformity. No nonconforming use
shall, if changed to a conforming use, revert to a nonconforming use.
3.4.1.
Conversion of Single Family Dwelling To Up To Three (3)
Dwelling Units. A residential building in existence on or before
January 1, 1978 and occupied by its owner, may be converted to a multi-family
dwelling having a total of up to three (3) dwelling units, including
the owner-occupied unit, provided that there is no increase in floor
area. The Zoning Board of Appeals is the Special Permit Granting Authority.
A condition of the special permit shall be that the owner of the building
must occupy one of the dwelling units.