No more than one lighted nameplate or professional sign not over two square feet in area shall be permitted. The nameplate shall be attached to the building.

No more than two people, who are not residents of such dwelling, shall be employed in such office. The Planning Board shall determine whether a proposed professional use is similar to the professional uses herein authorized.

Off-street parking shall be provided at the rate of one space per 200 square feet of office space in addition to the parking required for the residential use. At a minimum, one space per employee and one space for client parking are required.

A zoning permit shall be required prior to the establishment of any professional occupation.

No person other than members of the family residing on the premises plus up to two outside employees shall be engaged in such occupation. The person whose occupation is being operated from the home shall reside on the premises.

Use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25% of the floor area of the principal structure or 50% of the floor area within an accessory building on the lot shall be used in the conduct of the home occupation.

Such occupation may be pursued in the principal dwelling structure or accessory building, but shall give no external evidence of nonresidential use other than a small nameplate sign not to exceed two square feet in size attached to the structure, and shall not display products visible from the street.

No traffic or parking shall be generated in excess of three passenger automobiles at any one time in addition to those used by the owner or tenant, all of which must be parked off street in properly designated spaces. No off-street parking shall be permitted in the front yard setback or in front of the building.

No mechanical or electrical equipment is used that will be detectable to the normal senses or that will create electrical or radio or television interference.

No goods, chattels, materials, supplies or items of any kind can be delivered either to or from the premises in connection with the home occupations except in a car, station wagon, van or other four-wheeled vehicle, i.e., FedEx truck or UPS truck.

No occupation involving the general retail sale of merchandise to the public, as distinguished from the filling of prior orders for specific merchandise, shall be permitted.

There shall be no more than one home occupation in any one dwelling unit.

A zoning permit shall be required prior to the establishment of any home occupation with the exception of home offices as defined in § 320-3.

Any structures or service facility associated with cemetery purposes shall not be located within 100 feet of any abutting noncemetery lot lines.

Burial plots shall not be located within 50 feet of any existing residential lot lines.

No building or part thereof or any parking or loading area shall be located nearer than 25 feet to any street or lot line.

No alcoholic beverage license is issued or shall be used in connection therewith.

A ten-foot-wide landscaped buffer, screen or fence shall be placed along abutting residential side or rear lot lines to screen from view the parking and/or loading zones of such conditional use.

Residential cluster development for single-family dwellings may be applied for in accordance with the provisions of this section to modify bulk and area requirements specified in the T-2 and T-3 Districts.

The total number of lots erected in a residential cluster development shall not exceed the maximum number of lots that can be created by subdividing the property in conformance with the area and lot requirements as set forth in the T-2 and T-3 Districts, whichever is applicable. A conceptual sketch plan shall be submitted in order to establish the maximum number of lots that can be counted for clustering purposes. In computing the maximum number of lots that may be created, any proposed lot occupied by public utility easements or otherwise encumbered by steep slopes, flood hazard areas, freshwater wetlands or public utility easements to the extent that these constraints would render a proposed lot unbuildable shall not be considered as a lot in the preparation of the sketch plan.

Any residential cluster development must contain a minimum of 10 acres. Lots may be reduced in size, provided that a minimum of 40% of the total tract shall be devoted to common open space.

The common open space shall be accessible to all residents of the residential cluster. The maximum feasible number of lots shall be adjacent to the common open space as is reasonably possible. The configuration of common open space should be so arranged that connections can be made to existing or future adjacent open spaces and to contiguous publicly owned open space. Sections of common open space not connected to other sections of common open space shall be discouraged, unless required by particular site constraints. The common open space shall maximize the sense of openness of the residential cluster when seen from public roads and other vantage points in abutting developments, if applicable.

A developer may apply to the Planning Board for permission to donate common open space land derived from application of a cluster technique as provided for below. Any disposition of common open space shall be subject to the requirement that the common open space will be retained and maintained for open space use in perpetuity:

In situations where the parcel of land proposed for a residential cluster development is part of a larger tract in the same ownership, a conceptual plan of the entire tract showing how the contiguous undeveloped land could be developed shall be provided.

Before approving a residential cluster development, the Planning Board shall determine that the proposed residential cluster development meets all requirements of this chapter and the land subdivision chapter of the Town.[1]

Any such facility shall be limited to eight such persons plus not exceeding four staff members.

The residence shall have at least two means of egress.

There shall be at least 425 square feet of open yard area, exclusive of parking areas, buffer strips, or gardens, for each inhabitant of the facility, including staff.

Off-street parking shall be provided on the basis of one space for each staff member and one space for each occupant. Parking areas shall be constructed in compliance with § 320-8. Parking spaces shall be located at least 20 feet from any principal structure, unless located in a building.

There shall be a buffer strip on all parcel lines, except public street lines, at least 15 feet in width or 25 feet when abutting existing residential uses, which shall be landscaped so as to create a visual screen at least four feet in height at the time of planting. The planting shall be in double alternate rows so as to assure maximum privacy. Such planted buffer strip shall be maintained at all times.

Access shall be adequate for all emergency vehicles and there shall be a hydrant located within 600 feet of the premises.

Where by statute up to six persons are specifically permitted in one or more of the types of facilities specified above, the statutory number of persons shall be permitted; subject, however, to compliance with Subsection F(2) through (6) of this section. Where by statute certain of such uses are permitted in all residential zones, they shall be subject to Subsection F(2) through (6) of this section.

One off-street parking space shall be provided for each licensed taxicab.

Storage parking areas for taxicabs shall be suitably screened from public view at the rear and side lot lines. No taxicab storage other than for one such vehicle shall be permitted in the front yard or in front of the building used to conduct such business.

At no time shall more than five motor vehicles which have been involved in accidents or which are in such condition they cannot operate under their own power be stored, maintained or be permitted to stand upon any premises.

This provision, however, shall not apply to such vehicles if kept in a building and further provided that no such vehicle or vehicles shall be stored, kept or maintained on any premises for a period of longer than 30 days, except within a building or enclosure as hereinabove provided.

Where a motor vehicle service station is duly licensed to provide propane gas tank refilling services, such service shall be accessory to the service station principal use. Such tank refilling activity shall be located on the lot so as not to impede safe traffic flow on the site and shall be adequately fenced and screened from abutting properties.

They must be accessory to either motor vehicle sales, motor vehicle repairs, services stations or commercial garages.

At no time shall more than five motor vehicles which have been involved in accidents or which are in such condition they cannot operate under their own power be stored, maintained or be permitted to stand upon any premises.

This provision, however, shall not apply to such vehicles if kept in a building and further provided that no such vehicle or vehicles shall be stored, kept or maintained on any premises for a period of longer than 30 days, except within a building or enclosure as hereinabove provided.

Such uses are conducted upon a lot not less than five acres in area.

All animals shall be provided shelter for containment, and premises are to be maintained in such a way as to regularly remove waste and prevent odor and attraction of rodents and insects. No building or structure used for shelter or enclosure of fowl, game, horses, or farm livestock shall be closer to any property line than 200 feet.

Buildings used for the shelter of fowl of any kind shall have a maximum usable floor area of 2,000 square feet for the first 10 acres and 5,000 additional square feet for each additional acre.

One horse for the personal use of the occupants of the residence may be maintained on any lot at least three acres in size.

The display for sale of products grown or raised by the owner, tenant or lessee on a roadside stand shall only be permitted where:

Application. The lot shall be located within the locally designated historic district.

Use limitations.

Bulk standards. A bed-and-breakfast facility shall conform to the zone district's dimensional and area requirements for a residential use.

Parking. In addition to the required off-street parking for the principal use, one parking space for each guest room and one space for each employee of the facility shall be provided. Reduction in the required number of off-street parking spaces may be permitted by the Planning Board at the time of site plan review, upon demonstration that shared parking or an alternate site location is feasible, adequate and available for the term of the bed-and-breakfast use.

Additional design standards.

No freestanding ground signs shall be permitted. One wall or hanging business sign limited to eight square feet shall be permitted, provided it also conforms to other applicable historic district design guidelines.

Use limitations:

Application. The cannabis retailer facility shall have frontage on Water Street or Mill Street, except when located in the SD-3 Zone.

Location. Cannabis retailers shall be separate and distinct from growing operations.

Buildings. All cannabis retailers shall be enclosed in heated/air-conditioned permanent buildings, not trailers, outdoors, movable kiosks, etc.

Signage. Signs shall be limited to location identification/name of business. Signage shall not promote consumption of any cannabis products.

Site plan approval. When seeking site plan approval, the applicant for cannabis retailers shall submit a safety and security plan and emergency services access plan.

Accessibility. Any cannabis retailer shall only have one primary public access point, which shall be directly adjacent to the right-of-way or parking area of the building. Access should not be through common entrances with other uses.

Hours of operation. Hours of operations for cannabis retailers shall be limited generally to daytime and early evening hours from 9:00 a.m. to 9:00 p.m., Monday through Saturday.

Interior security. Cannabis retailers interiors shall provide a secure location for storage of products with minimum products in any customer service area.

Exterior loitering and security. People shall not be permitted to congregate outside of a cannabis retailer, loiter or wait in line to access the cannabis retailer. The facility shall have a plan in place if interior capacity is exceeded, i.e., numbers are given and customers wait in their vehicles until called.

Product consumption. No products shall be permitted to be consumed on site.

Limits on the number of licensed cannabis retail facilities and delivery businesses in certain zones. The Town of Newton shall limit the total number of licensed cannabis retail facilities and cannabis delivery businesses in the Town of Newton as follows: a) there shall be no more than two, in total, licensed cannabis retail facilities and cannabis delivery businesses approved by the Town of Newton for location on Water Street; b) there shall be no more than two, in total, licensed cannabis retail facilities and cannabis delivery businesses approved by the Town of Newton for location on Mill Street; and c) there shall be no more than one, in total, licensed cannabis retail facility and cannabis delivery business approved by the Town of Newton for location in the SD-3 Zone. No licenses in excess of the amounts established above shall be permitted/allowed by any Town employee, board, body, or commission.

Application. The cannabis delivery facility shall have frontage on Water Street or Mill Street, except when located in the SD-3 Zone.

Location. Cannabis delivery shall be separate and distinct from growing operations.

Buildings. All cannabis delivery services shall be enclosed in heated/air-conditioned permanent buildings, not trailers, outdoors, movable kiosks, etc.

Signage. Signs shall be limited to location identification/name of business. Signage shall not promote consumption of any cannabis products.

Site plan approval. When seeking site plan approval, the applicant for cannabis delivery services shall submit a safety and security plan and emergency services access plan.

Interior security. Cannabis delivery services interiors shall provide a secure location for storage of products.

Exterior loitering and security. Customers shall not be permitted to pick up products from a cannabis delivery service.

Product consumption. No products shall be permitted to be consumed on site.

Hours of operation. Hours of operations for cannabis delivering businesses shall be from 9:00 a.m. to 9:00 p.m., Monday through Saturday.

Limits on the number of licensed cannabis retail facilities and delivery businesses in certain zones. The Town of Newton shall limit the total number permitted on Water Street, Mill Street, and in the SD-3 Zone for cannabis delivery businesses in conjunction with the limits established in § 320-28M(11) above. No licenses in excess of the amounts established in § 320-28M(11) above shall be permitted/allowed by any Town employee, board, body, or commission.

Location. Facilities shall be at least 500 feet from the property line of a school or state-licensed child-care or day-care facility.

Buildings. All facilities shall be enclosed in heated/air-conditioned permanent buildings, not hoop houses or greenhouses.

Signage. Signs shall be limited to location identification/name of business. Signage shall not promote consumption of any cannabis products.

Site plan approval. When seeking site plan approval, the applicant shall submit a safety and security plan and emergency services access plan.

Odor control. The facility shall provide an air treatment system with sufficient odor-absorbing ventilation and exhaust systems such that any odor generated inside the facility and outside the facility shall not be detectable by a person of reasonable sensitivity at the property line of the subject property. Any and all odor control devices, needs, and systems shall be paid for by the facility owner and/or the facility tenant and shall not be the financial responsibility of the Town. Odor from the facility shall be monitored, on an annual basis, at the discretion of the Town by a licensed, qualified contractor chosen by the Town and paid for by the facility owner, and/or the facility tenant, and shall not be the financial responsibility of the Town.

Hours of operation. Hours of operations for cannabis cultivator, manufacturer, wholesaler, or distributor shall be from 9:00 a.m. to 9:00 p.m., Monday through Saturday.