Chapter 7.1 Section 5 Use Regulations

SECTION V

USE REGULATIONS

A. APPLICABILITY OF USE REGULATIONS: Except as provided in the Zoning Enabling Act or in this bylaw, no building, structure, or land shall be used except for the purposes permitted in the district as described in this Section. Any use not listed is prohibited.

B. PERMITTED USES: In the following Table of Use Regulations the uses permitted by right in the district shall be designated by the letter (P). Those uses that may be permitted as an exception by special permit in the district, in accordance with Section XI-J, shall be designated by the letter (S). Uses designated (-) shall not be permitted in the district.

C USES SUBJECT TO OTHER REGULATIONS: Uses permitted by right or by special exceptions shall be subject, in addition to use regulations, to all provisions of this bylaw.

D. SPECIAL REGULATIONS GOVERNING MANUFACTURING USES PERMITTED IN THE INDUSTRIAL (I) ZONE AND INDUSTRIAL QUARRYING (I-Q) ZONE. For manufacturing uses permitted in the Industrial (I) Zone and Industrial Quarrying (I-Q) Zone, no person owning, leasing or controlling the operation of any air contamination source, including noise, shall willfully, negligently or through failure to provide necessary equipment or to take necessary precautions permit any emission from said air contaminations which will cause by themselves or in conjunction with other air contaminants a condition of air pollution as defined in the Commonwealth of Massachusetts "Regulations for the Control of Air Pollutions in the Central Massachusetts Pollution Control District".

1. All raw materials, materials and goods in process, finished products, waste materials, equipment, grounds and facilities shall be used, maintained, stored or disposed of so as not to create a nuisance or hazard to the public health or safety of the public.

2. The discharge of liquid wastes shall be made into the public sewer or in a private on lot system subject to the approval of the Massachusetts Department of Public Health.

3. In an Industrial Zone all materials shall be stored within a completely enclosed building or within an outside area completely enclosed by a fence and gates all at least eight feet high and of a suitable material to provide adequate structure strength and sufficient screening.

4. In an Industrial Quarrying Zone, all materials shall be stored within an outside area completely enclosed by a fence and gates to be not less than five feet in height and to conform to the M.D.P.W. Specifications No. 1047-12.

E. VILLAGE USE REGULATIONS: All uses in a Village shall conform to the regulations as set forth in Section XIV, and in Table l. Use Regulations.

RETIREMENT COMMUNITY: All uses in a Retirement Community shall conform to the regulations as set forth in Section XVIII, and in Table 1. Use Regulations.

F. TABLE OF USE REGULATIONS: See table following which is declared to be a part of this bylaw.

Table 1. USE REGULATIONS

RESIDENTIAL	R-40	R-1	R-2	R-10	R-M	C	BO-P	I	IQ	V
1. One-family detached dwelling	P	P	P	P	P	-	-	-	P	-
2. One-family dwelling for personnel required for the safe operation of a permitted use to reside on the premises thereof	-	-	-	-	-	-	-	P	P	S
3. Two, three and four family dwelling and duplex not in cluster	-	-	-	S	P	-	-	-	-	S
4. Duplex	S(C)*	S(C)*	S(C)*	S(C)*	S(C)*	-	-	-	-	S
5. Townhouse	S(C)*	S(C)*	S(C)*	S(C)*	S(C)*	-	-	-	-	S
6. Multi-family dwelling	-	-	-	-	S	-	S	-	-	S
7. Trailer or Mobile Home (See Sec. XI- J-3-b)	-	-	-	-	-	-	-	-	-	-
8. Storage of Camping Trailers in other than the yard set backs as required in Table 2 of Section VI	P	P	P	P	-	-	-	-	-	S
9. Accessory residential building (non-commercial) such as toolshed, boathouse, playhouse, shelter for domestic pets, private greenhouses, private swimming pool, private tennis court and private detached garage for non-commercial vehicles	P	P	P	P	P	-	-	-	-	S
10. Cluster Residential Development (Sec. XI-J-3-a)	S	S	S	S	-	-	-	-	-	-
11. Conversion of existing dwelling to 2, 3, and 4 family dwelling, provided that the exterior appearance is not altered with exception of additional entrance, fire escapes or the like	-	-	-	S	P	-	-	-	-	S

RESIDENTIAL	R-40	R-1	R-2	R-10	R-M	C	BO-P	I	IQ	V
l2. Conversion of existing dwelling to publicly sponsored multi family dwelling for elderly as defined in Chapter 121B of the General Laws of Massachusetts or to housing sponsored by a non- profit organization and designed specifically for elderly persons under recognized government assisted programs provided that the exterior appearance is not altered with exception of additional entrance fire escapes or the like	-	-	S	S	-	-	-	-	-	S
13. Retirement Community. Allowed in all districts by Special Permit, i.e. (See Section XVIII)	S	S	S	S	S	S	S	S	S	S
14. Mixed Use Development	-	-	-	-	-	S	S	-	-	-
15. Affordable Housing Develop- ment	S	S	S	S	S	-	-	S	S	S
*Special Permit required for these uses may be granted only in connection with Cluster Residential Development Section XI-J-3-a
Table 1. Use Regulations as applied to Village Districts defines use regulations effective following issuance of the original Village Special Permit and the Certificate of Compliance.
COMMUNITY FACILITIES
l. Church or other religious purpose	P	P	P	P	P	P	P	P	P	P
2. Non profit educational purpose which is religious, sectarian, denominational or public.	P	P	P	P	P	P	P	P	P	P
3. Non-profit recreational facility not including a membership club	S	S	S	S	S	-	-	-	-	S
COMMUNITY FACILITIES	R-40	R-1	R-2	R-10	R-M	C	BO-P	I	IQ	V
4. Non-profit country, hunting, fishing, tennis or golf club	S	S	S	S	S	-	-	-	-	S
5. Non-profit day camp or other non-profit camp	S	-	-	-	-	-	-	-	-	-
6. Town building except equipment garage	P	P	P	P	P	P	P	P	P	-
7. Town equipment garage	S	-	-	-	-	S	-	P	P	-
8. Town Cemetery including any crematory therein	P	P	P	P	P	P	P	P	-	-
9. Historical association or society	P	P	P	P	P	P	P	S	S	S
10. Non-profit hospital	P	P	P	P	S	-	-	-	-	-
11. Public utility except power plant, water filter plant, sewage treatment plant and refuse facility	P	P	P	P	P	P	P	P	P	S
12. Power plant, water filter plant, sewage treatment plant and refuse facility	S	-	-	-	-	-	-	S	S	-
13. Street, bridge, tunnel railroad haul lines	P	P	P	P	P	P	P	P	P	S
14. Essential Services	P	P	P	P	P	P	P	P	P	P
15. Publicly sponsored multi-family dwellings for elderly as defined in Chapter 121B of the General Laws of Massachusetts	-	-	S	S	-	-	-	-	-	S
16. Housing sponsored by non-profit organization and designed specifically for elderly persons under recognized government assisted programs	-	-	S	S	-	-	-	-	-	S
17. Community Antenna television system towers and appurtenant structures operated by the holder of a CATV license issued by the Town of Holden	-	S	S	-	-	-	-	-	-	S

AGRICULTURAL	R-40	R-1	R-2	R-10	R-M	C	BO-P	I	IQ	V
1. Agricultural horticulture and floriculture except a stand for retail sale	P	P	P	P	P	P	P	P	P	P
2. Year round greenhouse on parcels less than 5 acres	P	S	-	-	-	P	-	-	-	-
3. Stand for wholesale and retail sale of agricultural or farm products	S	S	-	-	-	P	-	-	-	S
4. Temporary (not to exceed erection or use for a period of 3 months in any one year) greenhouse or stand for retail sale of agricultural or farm products raised primarily on the same premises	P	S	-	-	-	P	-	-	-	S
5. Raising and keeping of livestock horses and poultry not including the raising of swine or fur animals for commercial use	P	S	-	-	-	-	-	-	-	-
6. Commercial stables, or veterinary hospital in which all animals, fowl or other forms of life are completely enclosed in pens or other structures	S	S	-	-	-	-	-	-	-	-
7. Commercial Forestry	P	P	-	-	-	-	-	-	-	-
8. Commercial kennels in which all animals are completely enclosed in pens or other structures.	S	S	-	-	-	-	-	-	-	-
9. Raising and keeping of four (4) or more dogs three (3) months old or over in a non-commercial kennel.	S	S	S	S	-	-	-	-	-	-

RETAIL AND SERVICE	R-40	R-1	R-2	R-10	R-M	C	BO-P	I	IQ	V
1. Stores usually selling one or a combination of two or more of the following: dry goods, apparel and accessories, furniture and home furnishing small wares, hardware and food for home preparation	-	-	-	-	-	P	-	-	-	S
2. Restaurant	S	-	-	-	-	S	-	-	-	S
3. Sales by vending machines as a principal use	-	-	-	-	-	P	-	-	-	S
4. Establishments selling new automobiles or new and used automobiles and trucks or antique automobiles, new automobile tires and other accessories, aircraft, boats, motorcycles and trailers	-	-	-	-	-	P	-	-	-	-
5. Hotels and motels	-	-	-	-	-	S	-	-	-	S
6. Lodging House	-	S	S	S	S	S	-	-	-	S
7. Personal service establishments	-	-	-	-	-	P	P	S	-	S
A. THE FOLLOWING CON-SUMER OR COMMERCIAL SERVICE ESTABLISHMENTS: Beauty Salon; Travel Agent; Dog Grooming; Barber Shop; Florist; Baker; Bookstore; Security Service; Security Equipment; Photography Services, Equipment, Supplies; Dry Cleaning; Maintenance Services; Catering; Computer Sales & Service; Health Club; Exercise Facility; Copy Services; Shipping, Faxing, Mailing Services; Dance Instruction; Dental, Medical Laboratory; Office Equipment & Supplies; Employment Agency; Pet Shop; Electrolysis; Hobby & Craft Supplies; Limousine Service; Liquor Store; Locksmith; Pharmacy; Music Instruments & Instruction; Printing; Publishing; Testing Services; Secretary; Other Office Services; Sporting Goods; Tailor; Tanning Salon; Toys; Typewriter Sales & Service; Upholsterer; Video Rental.	-	-	-	-	-	P	-	-	-	-

RETAIL AND SERVICE	R-40	R-1	R-2	R-10	R-M	C	BO-P	I	IQ	V
B. OTHER CONSUMER OR COMMERCIAL SERVICE ESTABLISHMENT	-	-	-	-	-	S	-	-	-	-
8. Funeral home or mortuary establishment	-	-	-	S	S	P	P	-	-	-
9. Convalescent or nursing home	P	S	S	S	-	-	P	-	-	-
10. Membership Club	S	-	-	-	-	S	-	-	-	S
11. Business Offices	-	-	-	S	S	P	P	S	-	S
12. Home Occupation (See Sec. XI-J-3-c)	S	S	S	S	S	P	P	-	-	S
13. Automobile repair, fuel, automobile service and garages not including uses covered by 15 and 15.a and 15.b below	-	-	-	-	-	S	-	-	-	-
14. Miscellaneous repair service	-	-	-	-	-	P	-	-	-	S
15. Junk yards or the open storage of two or more unregistered motor vehicles, farm vehicles excluded	-	-	-	-	-	-	-	-	-	-
a. Open storage of one unregistered vehicle for six months or less	P	P	P	P	P	P	P	P	P	S
b. Open storage of one unregistered vehicle for more than six months	S	S	S	S	S	S	S	S	S	S
16. Motion picture establishments indoor	-	-	-	-	-	P	-	-	-	S
17. Other amusement and recreation services	S	S	S	S	S	S	-	-	-	S
18. Communications and television towers	-	-	-	-	-	-	-	-	-	-

RETAIL AND SERVICE	R-40	R-1	R-2	R-10	R-M	C	BO-P	I	IQ	V
20. Planned business development (see Sec. XI-J-3-d)*	-	-	-	-	-	P	P	P	-	S
21. Commercial Educational purposes	S	S	S	S	S	S	S	-	-	S
22. Banks or Financial Institutions	-	-	-	-	-	P	P	-	-	S
23. Adult Bookstore, Adult Dance Club and Adult Theater	-	-	-	-	-	S	-	S	-	-
*20 Those uses permitted by right in a “C” zone shall be permitted by right in planned business development. Those uses permitted by Special Permit (S) in a “C” zone shall be permitted by Special Permit
WHOLESALE AND MANU-FACTURING
l. Quarrying (See Sec. X)	-	-	-	-	-	-	-	P	P	-
2. Processing and treating of mixed and quarried raw materials including operations appurtenant to the taking, including washing, grading, drying, sorting, crushing, grinding and milling operations (See Sec. X)	S	-	-	-	-	-	-	-	P	-
3. Excavation and removal of sand and gravel (See Sec. XI J-3-e)	S	S	-	-	-	-	-	S	S	-
4. Construction industry including suppliers	-	-	-	-	-	S	-	P	P	-
5. Manufacturing (See Sec. V-D)	-	-	-	-	-	-	-	P	S	-
6. Railroad yards and railway express service	-	-	-	-	-	S	-	P	-	-
7 Motor freight transportation and warehousing	-	-	-	-	-	-	-	S	S	-
8. Other transportation service	-	-	-	-	-	S	-	S	S	-

WHOLESALE AND MANU-FACTURING	R-40	R-1	R-2	R-10	R-M	C	BO-P	I	IQ	V
9. Wholesale Trade	-	-	-	-	-	S	-	S	S	S
10. Open storage of construction equipment and structures for storing such equipment provided there is sufficient screening to prevent the sight of such equipment from the street and from the inhabited portion of adjacent property	S	S	-	-	-	S	-	P	P	-
11. Bulk storage tanks	-	-	-	-	-	S	-	S	S	-
12. Solar Photovoltaic Array Field	P	-	-	-	-	-	-	P	P	-
13. Registered Marijuana Facility	-	-	-	-	-	-	-	S	-	-
14. Marijuana Establishment	-	-	-	-	-	-	-	-	-	-

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Chapter 7.1 Section 5 Use Regulations