Freetown City Zoning Code
ARTICLE V
Use Regulations
§ 300-5.1 Table of Use Regulations.
[Amended 6-4-2012 ATM; 6-5-2017 ATM]
A use listed in the table in § 300-5.1 is permitted in any district under which it is denoted by the letter "Y" subject to such requirements as may be specified elsewhere in this, or other, bylaw. If designated in the table by the letters "SP," the use may be permitted as an exception only if the special permit granting authority so determines and grants a special permit, subject to such restrictions as set forth elsewhere in this bylaw and such further restrictions as said special permit granting authority may establish. The letter "N" shall designate that the use is not permitted. All uses not designated in § 300-5.1, Table of Use Regulations, shall be allowed only by special permit following a public hearing and review by the special permit granting authority. Uses permitted by right or by special permit shall be subject to all other applicable provisions of this bylaw, including, but not limited to, site plan review, off-street parking and loading regulations, sign bylaw, and applicable overlay district regulations.
A.
Table of Use Regulations.
[Amended 3-24-1997 STM; 5-7-2007 ATM; 10-27-2008 STM; 6-1-2009 ATM; 6-7-2010 ATM; 6-4-2012 ATM; 6-3-2013 ATM; 6-6-2016 ATM; 10-18-2016 STM; 6-5-2017 ATM; 10-23-2017 STM; 10-15-2018 STM; 6-3-2019 ATM; 10-18-2021 STM by Art. 27]
R - Residential |
B - Business |
I - Industrial |
I/2 - Industrial 2 |
G - General |
OSR - Open Space and Recreation |
VB - Village Business |
VR - Village Residential |
Use | District | ||||||||
|---|---|---|---|---|---|---|---|---|---|
R | B | I | I/2 | G | OSR | VR | VB | STOD | |
Single-family detached dwellings | Y | SP | N | N | Y | N | Y | Y | N |
A duplex house | Y | SP | N | N | Y | N | Y | Y | N |
Multifamily | SP | SP | N | N | SP | N | SP | SP | N |
Accessory apartments | SP | N | N | N | SP | N | SP | SP | N |
Dwelling units located above a first-floor nonresidential use | N | SP | SP | N | SP | N | SP | SP | N |
Home occupations that comply with § 300-5.10 | Y | Y | N | N | Y | N | Y | Y | N |
SP | SP | N | N | SP | N | SP | SP | N | |
Hotel or motel | N | Y | Y | Y | N | N | N | N | Y |
Bed-and-breakfast, up to 6 guest rooms | SP | Y | Y | Y | Y | N | SP | SP | Y |
Rooming house | N | N | N | N | N | N | N | N | N |
Agriculture, including the care, feeding or sheltering of farm animals, including the raising of crops-indoors or outdoors on parcels 5 acres or greater | Y | Y | Y | Y | Y | Y | Y | Y | Y |
Religious, educational, or municipal use by the Town of Freetown | Y | Y | Y | Y | Y | Y | Y | Y | Y |
For-profit education | N | SP | SP | N | SP | N | N | SP | Y |
Museum or art gallery less than 2,500 square feet | SP | Y | SP | SP | Y | N | SP | SP | Y |
Museum or art gallery of 2,500 square feet or greater | N | Y | SP | SP | SP | N | N | SP | Y |
Retail or wholesale business or service less than 10,000 square feet not involving manufacture on the premises | N | Y1 | SP2 | SP2 | Y3 | N | N | Y4 | Y |
Retail or wholesale business or service of 10,000 square feet or greater not involving manufacture on the premises | N | SP1 | SP2 | SP2 | SP3 | N | N | SP4 | Y |
Business or professional office less than or equal to 10,000 square feet | N | Y | Y | Y | SP | N | N | SP | Y |
Business or professional office 10,000 square feet or greater | N | Y | Y | Y | SP | N | N | SP | Y |
Restaurant less than or equal to 2,500 square feet | N | Y1 | Y2 | Y2 | Y3 | N | N | Y4 | Y |
Restaurant of 2,500 square feet or greater | N | Y1 | Y2 | Y2 | Y3 | N | N | SP4 | Y |
Restaurant with drive-through | N | SP1 | SP2 | SP2 | N | N | N | N | Y |
Banquet facilities less than or equal to 15,000 square feet | N | Y | Y | N | Y | N | N | N | Y |
Banquet facilities 15,000 square feet or greater | N | SP | Y | N | SP | N | N | N | Y |
Theater, bowling alley or other commercial amusement, provided all business is conducted within the structure | N | Y | SP | SP | N | N | N | N | Y |
Motor vehicle sales, rental, or repair shop | N | Y | Y | Y | SP | N | N | N | Y |
Veterinary office or animal sales | N | SP | Y | Y | SP | N | N | SP | Y |
Kennel or animal hospital | N | SP | Y | Y | SP | N | N | N | Y |
Drive-through facilities associated with any commercial use (bank, drugstore, etc.) | N | SP1 | SP2 | SP2 | N | N | N | N | Y |
Scrapyard/junkyard/salvage yard | N | N | SP2 | SP2 | SP | N | N | N | N |
Earth removal for commercial purposes | See General Bylaws, Chapter 134, Earth Removal | ||||||||
Bus or railroad terminal or passenger station | N | SP | SP | SP | SP | N | N | N | SP |
Hospital, convalescent or nursing home | N | SP | SP | N | SP | N | N | N | SP |
Funeral parlor | N | Y | Y | Y | Y | N | N | N | Y |
Crematory | N | N | SP | SP | N | N | N | N | SP |
Cemetery | SP | N | N | N | Y | Y | SP | N | N |
Golf course | SP | SP | SP | SP | SP | N | N | N | SP |
Recreational or sports facilities, including day or seasonal camp for children | SP | SP | SP | SP | SP | Y | N | N | SP |
Racetrack (outdoor) | N | N | N | N | N | N | N | N | SP |
Racetrack (indoor) | N | N | SP | N | N | N | N | N | SP |
Warehouse or facilities for distributing merchandise | N | Y | Y | Y | SP | N | N | N | Y |
Plant for manufacturing, processing, fabricating or assembly | N | SP | Y | Y | SP | N | N | N | Y |
Research laboratory | N | SP | Y | Y | SP | N | N | N | Y |
Dry-cleaning plant | N | N | SP | SP | N | N | N | N | SP |
Retail or wholesale fuel establishment involving storage and distribution | N | SP | SP | SP | SP | N | N | N | SP |
Hazardous waste facilities for the storage, treatment, dewatering, refining, incinerating, reclamation, stabilization, solidification, or disposal of hazardous wastes | N | N | N | N | N | N | N | N | N |
Commercial tower and/or antenna; *see also § 300-6.2 | N | Y | Y | Y | Y | N | N | N | Y |
Adult entertainment establishments | N | N | N | SP | N | N | N | N | N |
Any proposed shopping centers, retail establishments, and/or wholesale establishments that exceed 25,000 square feet of floor area as described in § 300-5.13 | N | N | SP | SP | N | N | N | N | Y |
Adult retirement community use | SP | N | N | N | SP | N | N | N | N |
Continuing care retirement community use | SP | N | N | N | SP | N | N | N | N |
Commercial composting/commercial production of mulch | N | N | SP | SP | SP | N | N | N | SP |
Commercial recycling | N | N | SP | SP | SP | N | N | N | SP |
Landfill | N | N | N | N | N | N | N | N | N |
Registered marijuana dispensaries | N | N | N | Y | N | N | N | N | Y |
Medical marijuana treatment center | N | N | N | Y | N | N | N | N | Y |
Recreational marijuana establishments | Allowed only within the Medical and Recreational Marijuana Overlay District by special permit | ||||||||
Truck terminal | N | N | SP | SP | N | N | N | N | N |
Truck stop | N | N | N | N | N | N | N | N | SP |
1 | Hours of operation limited from 5:00 a.m. to 10:00 p.m. unless a special permit is obtained through the special permit granting authority |
2 | Hours of Operation limited from 5:00 a.m. - 12:00 a.m. unless a special permit is obtained through the special permit granting authority |
3 | Hours of operation limited from 7:00 a.m. to 7:00 p.m. unless a special permit is obtained through the special permit granting authority |
4 | Hours of operation limited from 7:00 a.m. to 9:00 p.m. unless a special permit is obtained through the special permit granting authority |
§ 300-5.2 Construction in conjunction with existing building permits.
Any construction or use for which a building permit was legally issued prior to the first publication of notice of the Planning Board hearing respecting this bylaw or any amendment thereto shall be permitted, notwithstanding noncompliance with the requirements of this bylaw or amendments thereto, provided such construction was commenced within six months after the issuance of the permit and, in cases involving construction, such construction was continued through to completion as continuously and expeditiously as is reasonable.
A.
Exempted uses. Nothing in this bylaw shall prohibit, regulate or restrict the use of land or structures in any district for religious purposes or 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.
B.
Accessory use. In all districts, activities accessory to activities otherwise permitted within the district as a matter of right, which activities are necessary in connection with scientific research or scientific development or related production, whether or not on the same parcel as activities permitted as a matter of right, may be permitted upon approval of the Board of Appeals as provided in § 300-2.3.
C.
Nonconforming use. When a nonconforming use is discontinued or is abandoned for a period of more than two years, it shall not be reestablished, unless a permit for a longer period of time has been granted by the Board of Appeals in conformance with MGL c. 40A, §§ 14 and 15, and any future use shall be in conformance with this bylaw, provided that this subsection shall apply to use for agriculture, horticulture or floriculture only as provided in MGL c. 40A, § 3.
D.
Enforcement. If the Inspector of Buildings is requested, in writing, to enforce the provisions of this bylaw and the Inspector of Buildings declines to act, he shall notify, in writing, the party requesting such enforcement of any action or refusal to act and the reasons therefor within 14 days of receipt of such request.
E.
Violation of the provisions of the bylaw. Any person who shall violate any of the provisions of this bylaw shall be subject to a penalty of not more than $100 for each offense, except as otherwise provided by law, and all such money so collected shall be paid into the treasury of the Town. Each day that such violation continues shall be a separate offense.
F.
Invalidity. The invalidity of any subsection or provision of this bylaw shall not affect the validity of any other provision thereof.
§ 300-5.3 Special permit for multiunit dwellings.
[Amended 9-22-1986 STM]
A.
Purpose. To protect the public interest in preservation of groundwater resources, wetlands, to assure traffic safety, protect and promote land values and to generally provide guidelines that will allow development of multifamily structures without detrimental effect upon the neighborhood in which they are located.
B.
Special permit. Except as provided otherwise in the Town of Freetown Zoning Bylaw, no multifamily structure shall be used, converted, constructed or reconstructed without the issuance of a special permit from the Planning Board.
[Amended 10-27-2008 STM; 6-3-2024 ATM by Art. 18]
C.
Special permit requirements. Application for special permits for multifamily structures shall be on such forms or in such manner as the special permit granting authority may specify and in accordance with its rules and regulations and shall be submitted together with all required exhibits and site plans.
[Amended 10-27-2008 STM]
(1)
The plans shall include, but not be limited to, pertinent information in regard to the following: lot boundaries, names of abutting owners, streets contiguous to the site, vegetation, existing and proposed roadways, existing and proposed buildings, location of sources of water, sewage disposal, parking, ponds, wetlands, known permanent monuments and other cross sections, profiles and contour maps required to describe the proposal. These plans shall be prepared by a registered engineer. The site plan shall show existing, intermediate and final ground levels with those of adjacent properties and shall indicate natural surface water flows and drainage ditches, if any.
(2)
The special permit granting authority shall determine that the proposal generally conforms to the principles of good engineering, sound planning and correct land use and that the applicant has the means to implement the proposal if a special permit is granted. Applicants may be required, as a condition to special permit, to guarantee that all conditions and features of the plan are completed by posting a suitable bond or deed covenant.
(3)
No special permit for the construction of multifamily structures shall be granted unless the special permit granting authority finds the proposal is not contrary to the best public interest of the inhabitants of the Town of Freetown and conforms to the specific requirements as outlined in the following regulations.
(4)
Once the plans are formally accepted for consideration by the special permit granting authority, they will be accepted or rejected within 120 days. Copies of the plan will be referred to the following boards or individuals within 14 days for their review and input:
(5)
Comments from these officials must be received by the special permit granting authority within 30 days of the plans' distribution or else the special permit granting authority will assume their acceptance of the plan. Failure of any of these Town officials to report on the proposal does not in any way exempt the applicant from compliance with the rules and regulations administered by those boards or individual officials.
(6)
A public hearing will be held after the time allowed for review by Town officials and before a vote relative to approval of the plan. Publication and notices to abutters of the public hearing and costs of conducting the hearing will be borne by the applicant.
D.
Density.
(1)
The minimum lot area requirement for each apartment building shall be 70,000 square feet for the first unit and 40,000 square feet for each additional unit.
(2)
The minimum lot area shall be exclusive of all streets and ways, wetland and swamp area as defined by MGL c. 131, § 40.
(3)
Buildings designed for this use shall have a maximum of two stories for living space and a maximum height of 30 feet.
E.
Frontage. One hundred seventy-five feet for the first unit and an additional 50 feet for each additional unit.
G.
Access and parking.
(1)
Driveways shall not be less than 20 feet wide and more than 200 feet in length unless approved by the Planning Board.
(2)
Parking areas, adequately lighted, shall be provided at the minimum rate of two autos per dwelling unit and located a minimum of 100 feet from any existing street line and at least 50 feet from any lot line and shall be at least 30 feet from first-floor windows unless screened from headlight glare. Parking areas shall be screened from view from Town roads.
(3)
Driveways, parking areas and storm drainage shall be constructed and paved according to the rules and regulations of the Planning Board governing the subdivision of land as adopted under the Subdivision Control Law.[1] No such driveway or parking area will be allowed to shed water upon Town ways.
[1]
Editor's Note: See MGL c. 41, §§ 81K to 81GG.
(4)
Additional guest parking areas may be required at the discretion of the Planning Board.
(5)
All street-level apartments shall be provided with wheelchair access for the handicapped.
H.
Outside use and recreational space requirements.
(1)
There shall be a minimum of 15 times the residential floor space area developed as graded, open-lawn area for the purpose of general space.
(2)
Natural features of the remaining landscape shall be maintained where possible.
(3)
An indoor recreational area shall be provided, adequate for the purpose of group or guest entertainment by the residents of the building.
I.
Private water supply and sewerage disposal system. A private water supply and sewage disposal system shall follow the regulations and recommendations of the Freetown Board of Health. (Bonds or other financial guarantees may be required to assure maintenance).
J.
Waste disposal. There shall be satisfactory design and location of collection points for the disposal of solid wastes/rubbish.
K.
Fifty-foot buffer zone. Fifty-foot buffer zones are required adjacent to side and rear lot lines. These areas shall be densely planted with evergreen screen plants and such additional requirements as the permit granting authority deems necessary to protect the privacy of the abutting properties.
L.
Traffic study. A traffic study shall be required when more than 50 units are proposed for the purpose of assessing the impact of traffic safety on Town ways.
M.
Certification by a registered professional engineer. Certification by a registered professional engineer that construction has been completed in accordance with applicable regulations will be required prior to release of bond or deed covenant, if any, and final inspection by the Building Inspector for the issuance of occupancy permits. The costs of inspection and certification are to be borne by the applicant.
N.
Utility provisions. All existing and proposed utilities shall be installed underground at the time of initial construction of apartment development.
O.
Accessory use buildings. Accessory use buildings, garages, storage sheds, maintenance buildings, additional recreational facilities shall conform to the same setback and height restrictions as the apartment dwelling units.
P.
Ability of special permit authority. Nothing in this section shall limit the ability of the special permit granting authority to impose additional reasonable requirements in order to protect the health and welfare of the future tenants of the structure, the abutters and other inhabitants of the Town.
Q.
Invalidity. The invalidity of any subsection or provision of this section shall not affect the validity of any other subsection or provision thereof.
§ 300-5.4 Special permits for home occupations.
Voted to allow the Zoning Board of Appeals to issue special permits for home occupations which do not comply with § 300-5.10. Such permits may be granted after the filing of an application for special permit and a public hearing held in accordance with MGL c. 40A. Any permits issued may also impose conditions, safeguards, and limitations on time, use, or ownership. Other conditions that may apply include but are not limited to the following:
A.
The proposed use is appropriate to the specific site in question. Adequate and appropriate facilities will be provided for the proper operation of said use.
B.
There will be no hazard to pedestrians or vehicles.
C.
There will be no nuisance or adverse effect upon the neighborhood. Setback requirements of front, side, or rear yards may be greater than the minimum otherwise prescribed by existing bylaw.
D.
Requirements of screening of service or parking areas of the site by walls, fence, planting, or other approved means.
§ 300-5.5 Special permits for adult entertainment establishments.
[Amended 3-24-1997 STM; 10-27-2008 STM]
A.
Authority. This bylaw is enacted pursuant to MGL c. 40A and pursuant to the Town's authority under the Home Rule Amendment to the Massachusetts Constitution to serve the compelling Town interests of limiting the location of and preventing the clustering and concentration of certain adult entertainment enterprises, as defined and designated herein, because of their deleterious effect in generating crime and blight. The Board of Selectmen is the special permit granting authority for adult entertainment establishment special permits.
B.
Purpose. It is the purpose of the Industrial/2 District to address and mitigate the secondary effects of the adult entertainment establishments and sexually oriented businesses that are referenced and defined herein. Secondary effects have been shown in numerous studies to include increased crime, adverse impacts on the property values of residential and commercial properties, and adverse impacts on the quality of life in the Town. All of said secondary impacts are adverse to the health, safety and general welfare of the Town of Freetown and its inhabitants.
C.
Minimum provisions. The provisions of this bylaw have neither the purpose nor intent of imposing a limitation on the content of any communicative matter or materials, including sexually oriented matter or materials. Similarly, it is not the purpose or intent of this bylaw to restrict or deny access by adults to adult entertainment establishments or to sexually oriented matter or materials that are protected by the Constitutions of the United States of America or of the Commonwealth of Massachusetts, nor to restrict or deny rights that distributors or exhibitors of such matter or materials may have to sell, rent, distribute or exhibit such matter or materials; neither is it the purpose or intent of this bylaw to legalize the sale, rental, distribution or exhibition of obscene or other illegal matter or materials. In addition, an application for a special permit for adult entertainment shall conform to the following conditions:
(1)
May not locate within 500 feet of each other. Special permits for adult entertainment establishments may not be located within 500 feet of each other and of any Residential Zone, single or multiple dwelling, church, park, school, day-care facility, or any establishment licensed under the provisions of MGL c. 138, § 12.
(2)
Shall not be granted to persons convicted of violating provisions. Special permits for adult entertainment establishments shall not be granted to any person convicted of violating the provisions of MGL c. 119, § 63, or MGL c. 272, § 28.
(3)
Issued after a public hearing. Special permits for adult entertainment establishments shall only be issued following public hearings held within 65 days after filing an application with the special permit granting authority, a copy of which the applicant shall give to the Town Clerk simultaneously.
(4)
Shall lapse within one year. A special permit for adult entertainment establishments shall lapse within one year, including the time required to pursue or await the determination of an appeal filed pursuant to MGL c. 40A, § 17, from the grant thereof, if a substantial use thereof has not sooner commenced except for good cause or, in the case of permit for construction, if construction has not begun by such date except for good cause.
(5)
Existing adult entertainment establishments. Any existing adult entertainment establishments shall apply for such permit within 90 days following the adoption of said Zoning Bylaw or bylaw by a municipality.
D.
Compliance.
(1)
No building permit shall be issued by the Building Department for any development subject to this section and no construction or installation of utilities or infrastructure shall be started until a decision of the SPGA approving the plan has been filed with the Town Clerk.
(2)
An as-built plan, as specified under the Rules and Regulations of the Planning Board Governing the Subdivision of Land, certified by a registered professional land surveyor and/or engineer, shall be submitted to the SPGA and Building Inspector before the issuance of an occupancy permit. The as-built plan shall attest to a development's conformity to its approved plans and conditions.
(3)
No occupancy permit shall be issued for any building subject to this section unless such building and all its related facilities have been completed according to the special permit decision.
(4)
Any changes in the approved plan or in the activity to be conducted on the site shall be submitted to the SPGA for review and approval.
E.
Appeals. Any person aggrieved by a decision of the SPGA under MGL c. 40A, § 15, may appeal to the Superior Court, the Land Court or the District Court pursuant to MGL c. 40A.
F.
Invalidity. The invalidity of any subsection, sentence or provision of this section shall not affect the validity of any other subsection, sentence, or provision thereof.
§ 300-5.6 Trailer parks.
[Amended 3-6-1971 ATM; 10-17-1977 STM; 10-27-2008 STM]
A.
Trailer parks shall not be allowed in any part of the Town except that the Board of Selectmen may in specific cases, after public notice and hearing and subject to appropriate conditions and safeguards, and only after approval by two-thirds vote at a Special or Annual Town Meeting, permit the establishment of a trailer park upon determining that the establishment of such a park will substantially serve the public conveniences and welfare, will not be obnoxious or detrimental to the neighborhood and will be in harmony with the general purpose and intent of the protective bylaw. Once the plans are formally accepted for consideration by the Board of Selectmen, they will be accepted or rejected within 120 days. Copies of the plan will be referred to the following boards or individuals within 14 days for their review and input:
B.
Comments from these officials must be received by the Board of Selectmen within 30 days of the plans' distribution or else the special permit granting authority will assume their acceptance of the plan. Failure of any of these Town officials to report on the proposal does not in any way exempt the applicant from compliance with the rules and regulations administered by those boards or individual officials.
C.
A public hearing will be held after the time allowed for review by Town officials and before a vote relative to approval of the plan. Publication and notices to abutters of the public hearing and costs of conducting the hearing will be borne by the applicant.
(1)
No person shall park, store or occupy a mobile home except:
(a)
By nonpaying guests of the owner or occupant of a lot, subject to the issuance of a permit by the Board of Selectmen or its agent prior to the occupancy of the lot by the mobile home and only for a period not to exceed three weeks in any calendar year. A permit may be granted by the Board of Selectmen or its agent for only one additional three-week period for the same mobile home in any calendar year. In such granting such permits, the Board of Selectmen shall determine whether or not there shall be any detriment to the neighboring areas.
(b)
As a temporary office or dwelling incidental to construction on the lot which the mobile home is located, provided that a building permit for said construction has been issued by the Town, that occupancy of the mobile home does not exceed a period of 12 months, that the mobile home shall be equipped with running water and connections to a septic tank or sanitary sewer in a manner approved by the Board of Health and in accordance with all laws and regulations with respect to health and sanitation as applied to said mobile home, and that a permit shall have been issued to the owner of the lot by the Board of Selectmen or its agent.
(2)
Overnight occupancy of mobile homes or recreational vehicles on public roads, ways or beaches shall be prohibited except in areas designated for that purpose by the Board of Selectmen.
(a)
Overnight occupancy of a recreational vehicle by nonpaying guests of the owner or occupant of a lot shall be permitted for a period not to exceed 72 hours without a permit or for a period not to exceed three weeks with a permit from the Board of Selectmen or its agent.
(3)
Trailers and unoccupied recreational vehicles defined herein shall be permitted to be parked or stored on any lot.
(4)
Mobile homes placed or located on any premises at the time of passage of this bylaw in conformance with a valid permit issued by the Board of Selectmen shall thereafter be governed as a prior nonconforming use.
§ 300-5.7 Swimming pools.
[Amended 9-2-1975 STM; 5-1-1989 ATM; 10-27-2008 STM]
Swimming pools are a permitted accessory use. If having a depth of four feet or more and a capacity of 400 cubic feet or more, they are considered structures and must comply with regulations of the Board of Health regarding minimum standards for residential swimming pools.
§ 300-5.8 Hazardous waste facilities.
[Amended 1-24-1983 STM]
The operation of hazardous waste facilities, including the operation of such facilities at commercial dump sites or sanitary landfills, is prohibited within the Town of Freetown.
§ 300-5.9 Private or commercial dump.
[Amended 3-9-1987 STM]
The operation of a private or commercial dump or sanitary landfill, refuse transfer station, refuse incinerator or compacting or treatment station is prohibited in the Town of Freetown.
§ 300-5.10 Home occupations.
Voted to approve a bylaw permitting home occupations not currently permitted under MGL c. 40A within residential structures on legally created, preexisting, nonconforming lots. "Home occupations" shall be defined as a home occupation is a use conducted entirely within an enclosed dwelling, employing only the inhabitants thereof, and is clearly incidental and secondary to residential occupancy and does not change the character thereof and constitutes no more than 25% of ground-floor area. Specifically excluded is the storage and display of merchandise not produced by such home occupation, any activity involving any building alterations, window display, construction features, equipment, machinery, or outdoor storage, any of which is visible from off the lot on which such use is located. Any proposed business or occupation which, in the opinion of the Building Inspector, exceeds the limitations defined herein shall be subject to the review, approval, and conditions of a special permit issued by the special permit granting authority.
§ 300-5.11 Accessory apartments.
[Amended 5-1-1999 ATM; 10-27-2008 STM; 10-27-2015 STM]
A.
Purpose. It is the intent of this section to create additional living space to a single-family dwelling. Proposed expansion must maintain the appearance of the structure as a single-family home. It must not be detrimental to the surrounding neighborhood. The additional living space shall not be used as an apartment for rental, but only as a convenience for members of the owner's family.
B.
Residential District/Village Residential. The Zoning Board of Appeals, as a special permit granting authority, may issue a special permit authorizing the conversion and use of a portion of a single-family dwelling into a separate living area with cooking facilities for a family member of the owner or owners. Said permit shall be valid only for the occupancy of said premises of the person for whom it is issued. For a Residential Zone, not more than 1,000 square feet of additional living space may be added to the existing single-family dwelling, must be subordinate in size to the principal dwelling unit in a manner that maintains the appearance of the structure as a detached single-family home, must provide two off-street parking spaces per unit, only one accessory apartment shall be allowed per single-family dwelling unit, and one of the two living units shall be owner-occupied. Permit, if granted, is valid for five years. Permits issued hereunder shall renew automatically in five years with the written approval of the Building Inspector. It shall be the obligation of the property owner to request such approval of the Building Inspector. No later than 90 days before the date of renewal, the Building Inspector shall deny the renewal if he should deem the use is no longer compliant with this section and/or the terms of the original special permit. If renewed, a public hearing will be held 10 years from the original date of issue to ensure use is still the same, at which time a new permit may be issued. New permits issued after a ten-year hearing are subject to the five-year and ten-year renewal requirements that the original permit was subjected to in perpetuity.
C.
General District. The Zoning Board of Appeals, as a special permit granting authority, may issue a special permit authorizing the conversion and use of a portion of a single-family dwelling into a separate living area with cooking facilities for a family member of the owner or owners. Said permit shall be valid only for the occupancy of said premises by the person for whom it is issued. For a General Use Zone, not more than 1,000 square feet of additional living space may be added to the existing single-family dwelling, must be subordinate in size to the principal dwelling unit in a manner that maintains the appearance of the structure as a detached single-family home, must provide two off-street parking spaces per unit, only one accessory apartment shall be allowed per single-family dwelling unit, and one of the two living units shall be owner-occupied. Permit, if granted, is good for five years. Permits issued hereunder shall renew automatically in five years with the written approval of the Building Inspector. It shall be the obligation of the property owner to request such approval of the Building Inspector. No later than 90 days before the date of renewal, the Building Inspector shall deny the renewal if he should deem the use is no longer compliant with this section and/or the terms of the original special permit. If renewed, a public hearing will be held 10 years from the original date of issue to ensure use is still the same, at which time a new permit may be issued. New permits issued after a ten-year hearing are subject to the five-year and ten-year renewal requirements that the original permit was subjected to in perpetuity.
§ 300-5.12 Drive-through establishments.
[Amended 5-7-2001 ATM; 10-22-2001 STM]
A.
Purpose. The drive-through section is intended to reduce the negative impacts of drive-through facilities. These standards attempt to reduce the noise, lighting, and visual impacts of idling cars, voice-amplification equipment, and queuing traffic on abutting uses, particularly on nearby residential uses. The standards are also intended to promote safe and efficient on-site vehicle and pedestrian circulation and reduce conflicts between queuing traffic and traffic on adjacent streets.
B.
All drive-through facilities shall comply with the following standards.
(1)
All drive-through facilities shall require a use permit approved by the special permit granting authority (SPGA). The SPGA for the purposes of this bylaw shall be the Planning Board. Drive-through facilities may be allowed as conditional uses, subject to the provisions of this section, in those planned development zones adopted by individual bylaw, if office, retail or industrial uses are permitted in the zone district. However, at no time are drive-throughs allowed in Residential or General Use Zones.
(2)
Drive-through facilities may be approved only as accessory uses to a permitted use or facility. For example, a drive-through window for a restaurant may be approved only as an accessory to a sit-down restaurant.
(3)
Locations at or near major intersections with traffic congestion may be approved only if it is demonstrated that the drive-through will not significantly contribute to carbon monoxide hot spots. For the purposes of this document, "hot spots" are defined as areas having relatively high concentrations of carbon monoxide.
(4)
Entries and/or exits to drive-through facilities shall be a minimum of 100 feet from any intersection, or from another drive-through facility on the same side of the street, except within a shopping center. Shorter distances from road intersections may be approved if the SPGA determines that public safety and/or the efficiency of traffic circulation is not being compromised.
(5)
Drive-through stacking lanes shall be a minimum 100 feet from any residential zone. The SPGA may modify or waive this if it determines that the impacts to nearby residences will be minimal.
(6)
Speakers at drive-through shall not be audible from adjacent residential uses or zones. Sound-attenuation walls, landscaping or other mitigation measures may be required as necessary.
(7)
Pedestrian walkways shall not intersect the drive-through aisles, but where they do, they shall have clear visibility and safe access and egress with a review by the SPGA.
(8)
Drive-through aisles shall have a minimum twelve-foot width on curves and a minimum eleven-foot width on straight sections.
(9)
Drive-through aisles shall provide sufficient stacking area behind the menu board to accommodate a minimum six cars (approximately 114 feet) and will not interfere with parking, parking access aisles or any public or private ways.
(10)
No drive-through aisles shall exit directly into a public right-of-way. Aisles shall be integrated with the on-site circulation and shall merge with the driveway.
(11)
Drive-through aisles shall be delineated by a minimum six-inch-high concrete or granite curbs or other suitable protective devices meeting SPGA approval.
(12)
All service areas, restrooms, and ground-mounted mechanical equipment shall be screened from public view. Landscaping shall screen drive-through aisles from the public right-of-way and shall be used to minimize the visual impacts of reader-board signs and directional signs.
(13)
Menu boards shall be a maximum of 30 square feet, with a maximum height of six feet, and shall face away from the street. Menu boards shall be screened from view from the public street.
(14)
Drive-throughs shall be architecturally compatible with nearby structures and complement existing or planned streetscape elements such as light poles and fixtures, sidewalk pavers, street trees and benches. Additionally, drive-through shall provide landscaping to buffer adjacent uses and provide adequate lighting which is shielded from adjacent properties.
C.
Invalidity. The invalidity of any subsection, sentence or provision of this section shall not affect the validity of any other subsection, sentence or provision thereof.
§ 300-5.13 Retail and wholesale establishments.
[Amended 5-7-2007 ATM]
A.
Purpose. The retail and wholesale establishment section is intended to preserve the small-town character of the Town of Freetown by limiting the sizes of retail establishments, wholesale establishments, and shopping centers. These standards attempt to reduce the noise, lighting, and visual impact of vehicles, structures, queuing traffic, potentially necessary traffic signal lighting, and limited-access traffic signaling on abutting uses, particularly on nearby residential and environmental areas. It is also intended to reduce conflicts between queuing traffic and traffic on adjacent streets.
B. RETAIL ESTABLISHMENT or RETAIL BUSINESS SHOPPING CENTER WHOLESALE BUSINESS or WHOLESALE ESTABLISHMENT
Definitions.
A business establishment engaged in the sale, rental, or lease of goods or services to the ultimate consumer for direct use or consumption.
Any concentration of two or more retail and/or wholesale stores or service establishments containing 25,000 square feet or more of gross floor space.
A business establishment engaged in the sale, rental, or lease of goods and services to the ultimate consumer for direct use or consumption, as well as indirect use or consumption.
C.
All retail and wholesale establishments shall comply with the following standards.
(1)
Notwithstanding any other provision of this section, no single retail business, whether located in a single structure, a combination of structures, single-tenant space, or aggregate of structures or tenant spaces in an aggregate of structures, shall exceed 25,000 square feet of floor area. All adjacent retail or service establishments which share a common check stand, management, controlling ownership, or storage areas shall be considered a single retail business, and their aggregate square footage of floor area shall be used to determine compliance with the standards of this section. This maximum floor area restriction shall apply to all new retail businesses and to all expansions of existing retail businesses.
(2)
Notwithstanding any other provision of this section, no single wholesale business, whether located in a single structure, a combination of structures, single-tenant space, or aggregate of structures, shall exceed 25,000 square feet of floor area. All adjacent wholesale or service establishments which share a common check stand, management, controlling ownership, or storage areas shall be considered a single wholesale business, and their aggregate square footage of floor area shall be used to determine compliance with the standards of this section. This maximum floor area restriction shall apply to all new wholesale businesses and to all expansions of existing wholesale businesses.
(3)
Notwithstanding any other provision of this section, no single shopping center that exceed 25,000 square feet of floor area, whether located in a single structure, a combination of structures, single-tenant space, or aggregate of structures or tenant spaces in an aggregate of structures, shall exceed 25,000 square feet of floor area. All adjacent wholesale or service establishments which share a common check stand, management, controlling ownership, or storage areas shall be considered a shopping center, and their aggregate square footage of floor area shall be used to determine compliance with the standards of this section. This maximum floor area restriction shall apply to all new wholesale businesses and to all expansions of existing wholesale businesses.
(4)
All retail establishments, wholesale establishments and shopping centers constructed after July 1, 2007, shall be situated on a parcel no less than 70,000 square feet in area, of which such retail or wholesale establishment or shopping center shall occupy no more than 80% of the land area, including all impervious areas; for example, but not limited to, pavement, accessory structures, sidewalks, etc.
(5)
Any proposed shopping centers, retail establishments, and/or wholesale establishments that exceed 25,000 square feet of floor area and are proposed to be located in either an Industrial (I) or Industrial/2 (I/2) Zone may be permitted as an exception only if the Planning Board as special permit granting authority so determines and grants a special permit per § 300-5.1. The special permit must be granted prior to the issuance of a building permit.
D.
Invalidity. The invalidity of any subsection, sentence, or provision of this section shall not affect the validity of any other subsection, sentence, or provision thereof.
§ 300-5.14 Adult retirement community.
[Amended 6-1-2009 ATM; 6-7-2010 ATM]
A.
Purpose and scope.
(1)
This section is intended to allow an adult retirement community (hereinafter "ARC") use by special permit in order to encourage an alternative housing opportunity for persons aged 55 years and older and to preserve common land for open space and recreation and provide an attractive residential environment suitable to the needs of people in their later years.
(2)
Notwithstanding any other provision of this bylaw, this provision, § 300-5.14, shall apply to every ARC and shall supersede any requirements of this bylaw which are inconsistent with it so that in the event of contradictory provisions within this bylaw concerning ARCs, the provisions of this § 300-5.14 shall prevail.
(3)
For the purposes of this section, the Planning Board shall be the special permit granting authority.
B. ADULT RETIREMENT COMMUNITY (ARC) COMMON AREA COMMON FACILITY
Definitions.
A residential community consisting of detached single-family dwellings and/or duplex dwellings that shall be constructed on permanent foundations in accordance with Massachusetts Building Code 780 CMR as it pertains to "One and Two Family Dwelling Code" and "Foundations and Retaining Walls." Each dwelling shall be shown on a site plan and shall be constructed expressly for and specifically limited to use and residency by persons who have met age requirement set forth in this bylaw. Such developments shall comply in all respects with the requirements of MGL c. 151B and the federal Fair Housing Law.[1]
An area that is intended to provide light and air and is designed for environmental, scenic, or recreational purposes. "Common area" may include, but is not limited to, lawns, decorative plantings, walkways, active and passive recreation areas, swimming pools, streets, wooded areas, and common facilities. The common area shall not be used for a commercial purpose and shall be reserved to and for the use of the residents and their guests.
A developed common area constructed solely for the use of ARC residents and their guests. The common facility or Facilities may include, but shall not be limited to, parking lots, sidewalks and access roads, buildings, pools, spas, cabanas, accessory structures or rooms housing activities and amenities such as entertainment, recreation, education, physical activities, games, sewing, library, exercise, locker rooms, etc. Facilities may also include outdoor activities and amenities such as swimming, gardening, walking, putting greens, etc. All common facilities shall be designed and maintained in conformance with Massachusetts standards for handicapped accessibility. These facilities shall not be used for commercial purpose and shall be reserved to and for the use of the residents and their guests.
[1]
Editor's Note: See 42 U.S.C. § 3601 et seq.
C.
Restrictions.
(1)
Special permit. The Planning Board shall have jurisdiction to grant a special permit to allow an ARC use upon submission of a plan that is in conformance with the Town and special permit granting authority Rules and Regulations for Special Permits. The applicant shall also comply with the provisions set forth in § 300-5.3C, I, L, and N.
(2)
Zoning. A special permit shall be available in the General Use (G) and Residential (R) Zoning Districts, but shall be prohibited in Business (B), Industrial (I), Industrial 2 (I/2), Open Space and Recreation (OSR), Village Business (VB) and Village Residential (VR) Zoning Districts.
(3)
Age limitation. Occupancy of any unit in an ARC development shall be limited to one or two primary resident(s), at least one of whom has reached the age of 55 years. There shall be no more than two primary residents in an ARC unit. In the event the primary resident(s) needs a full or part-time primary caregiver, then said caregiver may also reside in the unit. In the event the parents of the primary residents need to reside with a primary resident, then there may be more than two residents in a unit, up to a maximum of two residents per bedroom.
(4)
Lot size area. The minimum acreage for an ARC development shall be not less than 10 acres; a minimum 2/3 of the overall acreage shall not consist of resource areas as defined under Chapter 276, Wetlands Protection.
(5)
Frontage. Every ARC project shall have a minimum of 150 feet of frontage.
(6)
Setback requirements. Every nonaccessory building within the ARC shall be set back at least 75 feet from all perimeter lot lines. The distance between proposed buildings shall be no less than 40 feet. Any and all perimeter setback areas may be required to contain densely planted evergreen screen plants and such additional requirements as the special permit granting authority may deem necessary to protect the privacy of abutting properties. Every accessory use building shall be set back at least 30 feet from all perimeter lot lines.
(7)
Density. At least 20% of the total lot area shall be set aside as common land for use by the ARC residents and their guests. Not more than 30% of the required common land shall consist of resource area as defined in Chapter 276, Wetlands Protection. No more than 50% of the total dwellings shall be duplex structures.
(8)
Dwelling construction type. Prohibited from being located or occupied within an ARC are trailers, mobile homes, and manufactured homes or other temporary dwellings or structures.
(9)
Height. The maximum height of any dwelling shall be the same height as a single-family dwelling as set forth in § 300-6.2.
(10)
Parking.
(a)
The off-street parking space requirement for an ARC shall be a minimum of one parking space for each unit contained therein. No other parking spaces shall be required as a result of other uses permitted to an ARC.
(b)
No parking area or vehicular circulation space shall be nearer than 30 feet to any lot line. If the ARC has a clubhouse or similar facility, clubhouse parking shall count toward the minimum parking requirement.
(11)
Accessory uses.
(a)
Accessory uses which are consistent with and supportive of the ARC and incidental to the principal uses indicated herein shall include, but not be limited to, administrative and professional offices required for operation of principal or accessory uses; swimming pool, exercise and locker facilities; lounge; snack bar and related facilities; adult and/or child day-care facilities; places of public assembly, including auditorium and chapel facilities; and a post office.
(b)
Any plans for the expansion or alteration of a building or use approved under an existing special permit shall require a filing for a modification of the special permit with a new public hearing with the SPGA and approval.
D.
Operation.
(1)
The ARC must have an entity, corporation or trust controlled by the owners of the ARC units through a homeowners' association trust that consists of all the owners in the development. Every ARC shall establish bylaws or policies which describe the organization of the homeowners' association and establish authority and responsibility. Said bylaws must contain language which enforces the 55-and-over age restrictions, together with other rules and regulations. If this requirement is deleted, then the special permit shall become null and void and the project shall come immediately into compliance with applicable zoning requirements.
(2)
The common area shall be conveyed at no cost to the homeowners' association and shall be subject to a permanent conservation restriction. The developer shall be responsible for the maintenance of the common land and common facilities until such time as the homeowners' association assumes responsibility, pursuant to the bylaws. Thereafter, the association shall share the cost of maintaining the common land and the common facilities. The association bylaws shall provide for adequate funding of the responsibilities. Before the special permit is granted, the Planning Board, with the advice and counsel of Town Counsel, shall approve the form of ownership and original documentation creating the homeowners' association prior to issuance of a special permit. Evidence of the recording of the homeowners' association trust and all related instruments and restrictive covenants shall be recorded prior to issuance of any building permit or occupancy for the project.
§ 300-5.15 Continuing care retirement community.
[Amended 6-1-2009 ATM]
A.
Purpose and scope.
(1)
This section is intended to allow a continuing care retirement community (hereinafter "CCRC") use by special permit in order to allow a greater flexibility in development from the guidelines otherwise permitted in the General Use (G) and Residential (R) Zoning Districts and to encourage the preservation of open spaces, while at the same time allowing a greater mixture of buildings, structures and uses, with special attention given to the concerns of the elderly and the ill in a campus-like setting.
(2)
Notwithstanding any other provision of this bylaw, this provision, § 300-5.15, shall apply to every CCRC and shall supersede any requirements of this bylaw which are inconsistent with it so that in the event of contradictory provisions within this bylaw concerning CCRCs, the provisions of this § 300-5.15 shall prevail.
(3)
For the purposes of this section, the Planning Board shall be the special permit granting authority.
B. ASSISTED LIVING RESIDENCE(1) (2) (3) BED CAPACITY BEDROOM CONSTRUCTION CONTINUING CARE RETIREMENT COMMUNITY DAILY LIVING ACTIVITIES DETERMINATION OF NEED ELDERLY HOUSING INDEPENDENT LIVING RESIDENCE LONG-TERM CARE FACILITY MANAGER OWNER PERSONAL CARE SERVICE RESIDENCY AGREEMENT RESIDENT RESIDENT SERVICES TRANSFER OF OWNERSHIP UNIT
Definitions.
Housing and support services operated by a legal entity, however organized, whether conducted for profit or nonprofit, which meets all of the following criteria:
Provides room and board;
Provides, directly by employees of the entity or through arrangements with another organization which the entity may or may not control, personal care services for three or more adults who are not related by consanguinity or affinity to their care provider; and
Collects payments or third-party reimbursements from or on behalf of residents to pay for the provision of assistance with daily living activities.
The capacity of a building to accommodate a bed and the necessary physical appurtenances in accordance with the applicable standards imposed as a condition of operation under state law.
An interior sleeping room within a living unit, assisted living unit or long-term care facility having an area of at least 100 square feet and a window directly to the exterior.
The construction of a new health care facility; the alteration of, expansion of, making of major repairs to, remodeling of, renovation of, or replacement of an existing health care facility.
A planned development containing a minimum of three of the following four uses: independent living residences, assisted living residences, long-term care facilities (i.e., nursing homes), and elderly housing, but not necessarily limited to those uses.
Those tasks related to bathing, dressing/grooming, ambulation, eating, toileting, and other similar tasks related to personal care needs.
The formal decision of the Department of Public Health as set forth in 105 CMR 100.000 et seq., as from time to time amended, to determine need in every instance where, under statutory authority, the Department of Public Health has jurisdiction to determine the need for any facility or any part or service of any such facility.
As defined in 651 CMR 12.02 by the Department of Elder Affairs, as any residential premises available for lease by elderly or disabled individuals which is financed or subsidized in whole or in part by state or federal housing programs established primarily to furnish housing rather than housing and personal services, as set forth in a listing established by the Secretary of Elder Affairs, and which was never licensed under MGL c. 111, as from time to time amended.
Any residential premises available for lease by approved individuals, comprised of efficiency, single-bedroom, double-bedroom or triple-bedroom living unit for which no assistance is required.
Any institution which is maintained for the express or implied purpose of providing three or more individuals admitted thereto with long-term resident, nursing, convalescent or rehabilitative care; supervision and care incident to old age for ambulatory persons; or retirement home care for elderly persons, as more particularly set forth in 105 CMR 150.000 et seq., as from time to time amended.
The individual or entity responsible for general administrative charge of the facility.
The individual or entity who owns the CCRC. Prior to construction, unless otherwise set forth, the owner shall be the record titleholder of the land upon which the proposed CCRC is to be built.
The assistance with one or more of the daily living activities, either through physical support or supervision. Supervision shall include reminding and/or observing residents while they perform activities.
The contract between the CCRC and a resident or adult who seeks to reside in such CCRC on either a temporary or more permanent basis, which clearly describes the rights and responsibilities of the CCRC.
An adult who resides in a CCRC and who receives housing and/or resident services.
Assistance with daily living activities or other similar services, but not including concierge services, recreational or leisure services. Assistance is through either physical assistance or supervision.
Transfer of a majority interest in the owner of a CCRC. In the case of an individual, transfer of ownership; in the case of a corporation, transfer of a majority of the stock thereof; in the case of a partnership, transfer of majority of the partnership interest; in the case of a trust, change of trustee or majority of trustees; and in the case of a nonprofit corporation, transfer of a majority of corporate membership and/or directors. A transfer of ownership shall also be deemed to have occurred where foreclosure proceedings have been consummated by a mortgagee in possession of the premises.
A portion of an independent living residence, elderly housing or an assisted living residence designed for and occupied pursuant to residency agreements by approved individuals as the private living quarters of such individuals with a locking entry and bathing capacity (room equipped with a showerhead and/or bathtub to enable one person to take a shower or bath) and cooking capacity (refrigerator, sink and heating element) or the availability of a common dining facility.
C.
Restrictions.
(2)
Zoning. A continuing care retirement community shall be allowed by special permit (SP) within the General Use (G) and Residential (R) Zoning Districts, but shall be prohibited in Business (B), Industrial (I), Industrial 2 (I/2), Open Space and Recreation (OSR), Village Business (VB) and Village Residential (VR) Zoning Districts.
(3)
Age limitation. Occupancy of independent living units shall be limited to one or two primary residents, at least one of whom has reached the age of 55 years. Additional individual(s) may reside with the primary resident(s) upon approval by the management. Nothing in this provision shall prevent management from determining that a disabled person of any age is appropriate and suitable for the CCRC.
(4)
Lot size area. The minimum acreage required for a special permit shall be 30 acres, of which a minimum 2/3 of the total acreage shall not include a resource area as defined in Chapter 276, Wetlands Protection.
(5)
Frontage. Every CCRC project must have at least 75 feet of frontage.
(6)
Setback requirements.
(a)
Every nonaccessory building within the CCRC shall meet the following setbacks: front setback of 200 feet from street; side and rear setback of 100 feet from property lines. Every accessory use building within the CCRC shall have a thirty-foot setback from all property lines. The distance between proposed buildings shall be no less than 30 feet. Notwithstanding the foregoing, all buildings may be connected by a covered or enclosed walkway, whether or not elevated, within the areas separating buildings. Every accessory use building shall be setback at least 30 feet from all perimeter lot lines.
(b)
Any and all such setbacks may be required to contain densely planted evergreen screen plants and such additional requirements as the special permit granting authority may deem necessary to protect the privacy of abutting properties.
(7)
Density. The maximum bed capacity shall be 20 independent living units per acre on average, and the calculation of maximum density shall not include any assisted living units, nursing home units or medical beds, or any other uses that may be contained within the CCRC.
(8)
Height. The maximum height of any nonaccessory building within the CCRC shall be determined according to its distance from the nearest lot line. The maximum height shall be 35 feet at 100 feet of setback. For every additional 30 feet of setback, the allowed height shall increase 10 feet, to a maximum height of 75 feet.
(9)
Parking. The parking space requirement for a CCRC must be adequate for its intended uses according to generally accepted industry standards and as the special permit granting authority shall deem necessary. No parking area or vehicular circulation space shall be nearer than 30 feet to any lot line.
(10)
Accessory uses.
(a)
Accessory uses which are consistent with and supportive of the CCRC and incidental to the principal uses indicated herein shall include, but not be limited to, administrative and professional offices required for operation of principal or accessory uses; lounge; snack bar and related facilities; beauty parlor; barbershop; pharmacy; laundry services; transportation; adult and/or child day-care facilities; facilities for the sale of services and merchandise; places of public assembly, including auditorium and chapel facilities. Nothing in this section shall prevent the inclusion of a religious or educational use on the CCRC campus, provided said use(s) does not comprise more than 25% of the lot area.
(b)
Any plans for the expansion or alteration of a building or use approved under an existing special permit shall require a modification of the special permit with a new public hearing by the SPGA and approval.
(11)
Authority. The owner, or its representative, shall comply with all requisite federal and state laws. The owner may not commence construction unless and until a favorable determination of need, as required, is issued from the Department of Public Health.
D.
Operation.
(1)
Every CCRC shall designate a qualified manager and shall establish bylaws or policies which describe the organization of the facility, establish authority and responsibility, and identify programs and goals. The CCRC shall comply with all applicable state and federal guidelines.
(2)
Assisted living units shall include private bathroom facilities, and common dining facility services shall be available to their occupants.
(3)
The CCRC shall provide for its residents, and may make available to its staff, a comprehensive system of outdoor recreational facilities such as gardens, seating areas, path networks, and game areas, which shall not exceed more than 25% of the lot area.
(4)
Upon transfer of ownership, written notice of said transfer, identifying the subsequent owner and contact information, shall be filed with the special permit granting authority within 30 days thereof.
§ 300-5.16 Marijuana establishments.
[Amended 10-23-2017 STM]
Consistent with MGL c. 94G, § 3(a)(2), nonmedical "marijuana retailers" as defined in MGL c. 94G, § 1, shall be prohibited within the Town of Freetown. This section shall be effective upon passage by the voters at a Town Election.
§ 300-5.17 Nonconforming uses and structures.
[Amended 10-27-2008 STM]
A.
Existing uses and nonconforming uses. The lawful use of any structure or land existing at the enactment or subsequent amendment of this bylaw may be continued although such structure or use does not conform to the provisions of this bylaw; subject, however, to the following exceptions:
(1)
Reconstruction of nonconforming structure. In event that a nonconforming structure is destroyed by fire or other natural cause, the same may be reconstructed or repaired at the same location for the same nonconforming use, provided the new structure would not exceed in size and square footage the original structure and that such construction is commenced not later than 24 months from the occurrence of such natural cause.
(2)
Abandonment. A nonconforming use which has been abandoned for a period of 24 months shall not be reestablished. Any further use shall conform to the current district standards.
(3)
Expansion, alteration or change of use of one- or two-family residential nonconforming uses. Existing one- or two-family residential structures which are nonconforming uses may expand or be altered without a special permit from the Planning Board if the expansion or alteration meets the setback, height, and lot coverage standards of the zoning district in which the residential use is located.
(4)
Expansion, alteration or change of use of nonconforming uses other than one- or two-family residential uses. Nonconforming uses other than a one- or two-family residential use may be expanded, altered or changed to another nonconforming use only by special permit granted by the Planning Board. The Planning Board shall not issue a special permit unless the Board finds that the expansion, alteration or change shall not be substantially more detrimental to the neighborhood than the existing nonconforming use.