Consistent with G.L. c. 94G, § 3(a)(2), all types of nonmedical "marijuana establishments" as defined in G.L. c.94G, § 1, including marijuana cultivators, independent testing laboratories, marijuana product manufacturers, marijuana retailers or any other types of licensed marijuana-related businesses, shall be prohibited within the Town of Northborough. This prohibition of marijuana establishments specifically includes any establishment engaged in the on-site social consumption of marijuana or marijuana products as either a primary or accessory use, and shall include private social clubs or any other establishment which allows for social consumption of marijuana or marijuana products, regardless of whether the product is sold to consumers on site. In addition, the sale of marijuana accessories, as defined in G.L. c.94G, § 1, and any other applicable law or regulation, shall be prohibited within the Town of Northborough.

All medical marijuana treatment centers, as defined under Chapter 94I of the General Laws and any other applicable law or regulation governing the medical use of marijuana, shall be prohibited within the Town of Northborough.

Abattoir and commercial slaughtering of animals.

Manufacturing and storage of corrosive, poisonous or malodorous acids and chemicals.

Cement, lime, gypsum, and plaster-of-Paris manufacture.

Fertilizer manufacture.

Glue, size, and gelatin manufacture.

Petroleum and kerosene refining or distillation and derivation of by-products.

Smelting and reduction of metals or ores.

Asphalt plants.

Concrete batch plants.

Reclamation and reprocessing of asphalt and/or concrete.

Lumber mills.

Raising and breeding of fur-bearing animals.

Junkyard or automobile graveyard.

Self-storage facility.

A congregate residence shall be designed to have the appearance of a detached single-family dwelling, with one entrance on the front facade and other entrances on the side or rear;

Off-street parking shall be located to the side or rear of the congregate residence, separated from the nearest lot line by a landscaped buffer of at least four feet in width, with evergreen or dense deciduous plantings, walls, fence, or a combination thereof; or in a garage or carport. Each parking space and the driveway leading thereto shall be paved or shall have an all-weather gravel surface, and no motor vehicles shall be regularly parked on the premises other than in such a parking space; and

No congregate residence shall be located less than 30 feet from any lot line abutting a detached single-family dwelling.

The owners of the dwelling with the accessory unit shall occupy one of the units as their principal residence, except for temporary absences of not more than six months. For the purposes of this bylaw, "owners" shall be one or more individuals holding title to the property, and "principal residence" shall mean the owner's residence for voting and tax purposes;

There shall be not more than one accessory dwelling unit on a lot;

The maximum gross floor area of the accessory dwelling unit shall not exceed 800 square feet;

The accessory dwelling unit shall be designed so as to preserve the appearance of the existing single-family dwelling on the lot. Unless prohibited by the State Building Code, all stairways to second or third stories shall be enclosed within the exterior walls of the dwelling, and any new entrance shall be located on the side or in the rear of the dwelling; and

There shall be provided at least one off-street parking space for the accessory dwelling unit in addition to parking for the principal dwelling. Off-street parking shall be located in a garage or carport, or in the driveway.

Home occupation is divided into the following classes:

The following conditions shall apply to any home occupation:

Limited mixed-use building. A single building with a business, professional or medical office and one dwelling unit, not including a home occupation.

Artist live/work unit. A dwelling unit combined with a studio, typically in an open floor plan offering large, flexible space for use and occupancy by artists, subject to a deed restriction or other mechanism acceptable to the Planning Board to limit the space to use by artists. “Artist” means a person professionally employed in the visual, performing, literary, design or media arts.

Shop for custom work. Manufacture of crafts or custom work to be sold at retail only on the premises.

Vertical mixed-use development. A building in which the ground floor facing the street is used primarily for permitted business uses, and other ground-floor and upper-floor space is designed or intended or used for residential or office uses.

Horizontal mixed-use development. Two or more buildings on one lot, which provide business uses in building(s) facing the street and residential or office uses above the ground floor or in separate building(s) behind or to the side.

Retail store. A building for display and sale of merchandise at retail, such as the following, which will serve as illustrations only and are not to be considered exclusive: drug store, newsstand, food store, candy shop, dry goods and notions store, antique store or gift shop, hardware store, household appliance store, furniture store, florist, optician, music and radio store, or an art studio or gallery. As used in this bylaw, retail does not include adult uses as defined in Section 7-10-050. A retail store may have one or more vendors within it and may occupy one building or a portion of a building. There shall be no outside storage of materials or finished goods, but outdoor display of merchandise is permitted for any retail use during normal hours of operation, subject to minor site plan review under Section 7-03-050(A)(3), within the front yard or within the side yard if the side yard abuts a public right-of-way; provided, that:

Drive-through retail. A retail store in which merchandise may be purchased at a drive-up service window.

Commercial greenhouse. A greenhouse, salesroom or stand for the propagation, storage and sale of nursery or garden products to be sold at retail on the premises. A commercial greenhouse shall be allowed in a residential district only when located on more than five acres of land.

Wholesale trade. A business for the sale of commodities in quantity to retailers for resale or for further processing, including associated warehouse or outdoor storage and distribution facilities.

Sale of grain, lumber, or construction or garden supplies. A business establishment engaged in the sale of grain, lumber, garden supplies, and related agricultural or construction products inside a building, including the sale and storage of products outside the building as an accessory use.

Temporary outdoor sales of holiday trees, wreaths, or similar horticultural products. An event of a temporary nature during any holiday season designed to provide for the outdoor sale of trees, wreaths, flowers, or similar holiday horticultural products. Such facilities would not include the use of a permanent structure designed to enclose such use.

Bed and breakfast; inn. A building or group of buildings intended to be used or used for transient overnight lodging for not less than four nor more than 24 paying guests, with guest meals typically included in the room charge and limited to breakfast prepared in a central kitchen. No cooking facilities shall be located in individual guest rooms or suites. (See also home occupation.)

Conference center. A facility for formal consultation, discussion and/or education of business employees and associates and may provide for attendees and staff adequate housing, eating and recreational facilities contained within the same building.

Hotel or motel. A building or part thereof, or a group of buildings on a single lot, providing transient overnight lodging accommodations and accessory services to the general public, for more than 24 paying guests. For a hotel or motel with units equipped with independent cooking facilities, such units shall not be occupied by any guest for more than two continuous months, nor may guests reoccupy any unit within 30 days of a continuous two-month stay or stay more than a combined total of four months in any calendar year, unless such requirements are specifically waived by special permit from the Zoning Board of Appeals. No occupant of such hotel or motel may claim residency at such location.

Restaurant. A food service establishment where food is prepared, served and consumed inside a building or on an attached patio or other outdoor seating area on the premises, and provides seating accommodations for all patrons to be served at any one time. A restaurant may include a bar or lounge as an accessory use, or the taking of food and drink from the building as incidental. “Restaurant” does not include an establishment that operates exclusively or principally as a caterer, a food processing establishment, a retail food store or a take-out food service establishment, nor does it include drive-through service.

Deli, sandwich shop, pizza shop or take-out food service. A food service establishment where food is prepared and sold at retail and may or may not be consumed on the premises, such as a deli or sandwich shop serving sandwiches, soups, salads, pizza or other individually portioned food items on a take-out basis. It may include a walk-up service window or counter for take-out food service, but not drivethrough service.

Drive-through food service. A food service establishment in which food prepared and sold at retail may be consumed on the premises or purchased at a drive-up service window.

Take-out food service. A food service establishment in which food prepared and sold at retail may be consumed on the premises or purchased from a counter or a walk-up service window and consumed off the premises; but not a drive-through service.

Catering service. Provision of prepared food, service staff or equipment to an offpremises location.

Brew pub. Restaurants, licensed under the relevant state and federal statutes, to produce and sell malt beverages, including beer and ale, and hard ciders at the location and whose primary business is the sale and preparation of food to be consumed on the premises. Malt beverages and hard ciders produced on the premises may be sold to other establishments but such sales shall not exceed 25% of the establishment’s production capacity.

Nanobrewery. Also considered a craft brewery, a facility, licensed under the relevant state and federal statutes, for the small scale production of malt, wine, or hard cider beverages primarily for on premises consumption and sale with limited distribution at retail or wholesale, with a capacity of not more than 6,000 barrels per year (a barrel being equivalent to 31 gallons), and which may include a tap room where beverages produced on premises may be sold and consumed. May include a restaurant use, including outdoor dining if otherwise permitted in the zoning district.

Microbrewery. A facility, licensed under the relevant state and federal statutes, for the production and packaging of malt, wine, or hard cider beverages for distribution at retail or wholesale, on or off the premises, with a capacity of not more than 15,000 barrels per year (a barrel being equivalent to 31 gallons), and which may include a tap room where beverages produced on the premises may be sold and consumed. May include a restaurant use, including outdoor dining if otherwise permitted in the zoning district.

Commercial recreation, indoor. A facility operated as a business, open to the public for a per-visit or membership fee, for indoor recreation purposes such as tennis, racquetball, swimming, ice skating, roller skating or similar activities, including a health club or athletic club, but not including indoor recreation programs operated by the Town of Northborough or its various departments, or by the Northborough-Southborough Regional School District.

Commercial recreation, outdoor. A facility operated as a business, open to the public for a per-visit or membership fee, for outdoor recreation purposes such as skiing, swimming, ball games, miniature golf, golf driving range, or similar customary and usual sports or recreation activities, but not including a golf course (see also, extensive uses: golf course).

Commercial amusement. A building or any portion thereof used for entertainment or amusement activities, such as a pool hall, bowling alley, video arcade, or cinema or movie theater, but not including adult uses as defined in Section 7-10-050.

Bank. A bank, loan agency or similar financial institution.

Automated teller machine (ATM). A machine that acts as a teller for standard banking transactions such as cash withdrawals, deposits, and checking account balances, regardless of where it is located.

Professional or business office. A building, a portion thereof, or a group of buildings intended to be used or used for the performance of professional or clerical duties, including recognized professions such as an attorney, accountant, architect, engineer or appraiser, and similar professions that require advanced education and training and typically require licensure or certification; but not including a medical or dental office.

Medical or dental office. A building designed or intended or occupied and used by one or more physicians providing outpatient health care, including dental care, with accessory facilities such as specialty diagnostic services, laboratories, and administrative offices, with no accommodations for overnight stays; not including a hospital, medical clinic or an ambulatory surgery center.

Co-working space: A building or part thereof consisting of a shared office environment, which contains desks or other workspaces and facilities, including but not limited to, dedicated workstations, office suites, meeting rooms, event space, resource libraries, and business or administrative support services, and is used by a recognized membership who share the site to interact and collaborate with each other as part of a community. Rules for membership and participation in the co-working space are explicit, transparent, and available to the public. Co-working spaces may host classes or networking events which are open either to the public or to current and prospective members.

Educational use, nonexempt. An educational use conducted by a for-profit organization, such as a computer training program, a cosmetology school, or a trade school or training program that is not otherwise exempt under MGL C. 40A, § 3.

Personal service establishment. An establishment whose primary business relies on customers coming and going on a regular basis and which provides a service directly to the consumer, such as a barber, hairdresser, manicurist, caterer, decorator, dressmaker or tailor, optician, photographer, shoemaker or upholsterer, and similar uses, but not including professional or business office or medical office uses.

Postal service. A post office or similar establishment for the delivery and receipt of mail or parcels, but not including a parcel distribution facility.

Repair shop. A building used for the repair of appliances, office equipment, bicycles, lawn mowers or similar household or small-business equipment, but not including repair of automobiles, motorcycles or large vehicles or equipment.

Auto filling or service station. A building or part thereof with not more than three service bays, where the principal activity is the sale of motor vehicle fuel and related products and services, including routine vehicle maintenance services; or a car wash. All maintenance and service, other than minor service and emergency repairs, shall be conducted entirely within a building. No vehicle service station or car wash shall be located within 1,500 feet of another vehicle service station or car wash. An auto filling and service station shall not include a repair shop or body shop.

Auto repair shop. Establishment where the principal service is the mechanical repair, excluding body work, of automobiles, motorcycles, trailers, recreational vehicles, farm equipment or similar motor vehicles, not including an auto service station.

Auto body shop. Establishment where the principal service is the repair and painting of automobiles, motorcycles, trailers, recreational vehicles, farm equipment or similar motor vehicles; provided, that all but minor repairs shall be conducted entirely within a building.

Auto sales. Salesroom and related dealership facilities for new motor vehicles, including open-air display for automobiles, boats, motorcycles, farm implements or similar light motor vehicles (maximum 10,000 pound gross vehicle weight and 135-inch wheel base), with sale of used cars as an accessory use.

Commercial parking. Parking lot or parking garage open to the public for automobiles and similar light motor vehicles.

Veterinary clinic. A facility for medical or surgical treatment of domestic animals and incidental short-term boarding within a fully enclosed building. A veterinary clinic may include operating facilities, recovery and laboratory facilities incidental thereto.

Kennel. An establishment used for boarding, holding, day care, overnight stays or training of animals that are not the property of the owner of the establishment, at which such services are rendered in exchange for consideration and in the absence of the owner of any such animal that includes more than three dogs, three months or older; provided, however, that "boarding or training kennel" shall not include an animal shelter or animal control facility, a pet shop licensed under MGL C. 129 § 39A, a grooming facility operated solely for the purpose of grooming and not for overnight boarding or an individual who temporarily, and not in the normal course of business, boards or cares for animals owned by others.

Funeral home. Undertaking or funeral establishment.

Adult uses as defined in Section 7-10-050.

Commercial storage facility. A building or structure for the storage of goods and materials, which may include a refrigerated storage facility (cold storage) or a warehouse for the storage of wholesale goods and merchandise. Commercial storage shall not include a self-storage facility.

Self-storage facility. A building consisting of individual, small, self-contained units that are leased or owned for the storage of business and household goods, automobiles, boats or contractor’s supplies.

Maker space: A building or part thereof used for the on-site production of parts or finished products by individual or shared use of hand-tools, mechanical tools, and electronic tools. Maker spaces may include space for design and prototyping of new materials, fabrication methodologies, and products, as well as space for packaging, incidental storage, sales, and distribution of such projects. Typical uses include but are not limited to: electronic goods; printmaking; leather products; jewelry and clothing/apparel; metal work; furniture; woodworking and cabinet shops; glass or ceramic production; and paper manufacturing. Maker spaces may host classes or networking events which are open to the public. Maker spaces may also include a membership component.

Warehouse. Building for the sorting, storage or wholesale marketing of materials, merchandise, products or equipment.

Trucking, rail or freight terminal. Facility in which freight brought by truck or rail is assembled or stored for reshipment, or in which tractor or trailer units and other trucks are parked or stored, including accessory facilities for the fueling and repair of trucks parked or stored on the premises.

Natural resource extraction. The process by which soil, sand or gravel is removed from any open pit, borings or any other underground workings and produced for sale, exchange or commercial use or otherwise removed from the site, and all shafts, slopes, drifts or inclines leading thereto and including all buildings, structures and equipment above and below the surface of the ground used in connection with such process. Natural resource extraction shall not be deemed to include exploratory activities, the drilling or boring of wells for the purpose of obtaining water, nor the removal of soil and other related material as necessary to establish another permitted use upon the same site.

Fuel storage. A facility with aboveground or underground tanks for the storage of fuel products to be distributed off-site to retail fuel outlets.

Contractor’s yard. Yards including administrative office and structures used by a builder, contractor, subcontractor, landscaper, tradesman, or similar business dedicated to the storage of their vehicles, equipment, machinery, tools, materials and fabrications, and sales of their materials, products and services; provided, that all operations shall be such as to confine to the premises disturbing dust, noise, odors, or other objectionable effects; and provided further, that such use is not hazardous by reason of the potential for fire, explosion, radiation release or other casualty. All outside storage and parking of trucks, equipment, materials, salvage materials, and dumpsters shall be screened from view from the street and abutting properties by fences or plantings in perpetuity.

Heliport. An area of land or water or a structure used or intended to be used for the take-off or landing of a helicopter, which may include auxiliary facilities such as waiting room, hangar, parking, fueling or maintenance facilities.

Large-scale ground-mounted solar photovoltaic installation. A solar photovoltaic system that is structurally mounted on the ground and is not roof mounted and occupies 1,000 square feet or more.

Hazardous waste facility. [1] Any new or substantially improved site or structure which will be used for the production, storage, recycling, treatment, incineration, dewatering, refining, reclamation, stabilization, solidification, landfilling or disposal of any of the dangerous materials or substances defined as “hazardous materials” per this bylaw, or other processes where hazardous wastes can be stored, treated or disposed of; [2] Any new or substantially improved site or structure which will be used for any activity requiring the maintenance of a supply of more than 550 gallons, or other comparable volume, of any hazardous materials or substances on the premises; or [3] Any new or substantially improved site or structure that will involve the production, storage, treatment or use of any amount of radioactive substances. All hazardous waste facilities as defined herein shall be subject to the provisions of Chapter 7-05 and Section 7-05-040, in addition to all other applicable provisions. This definition does not include a municipal or industrial wastewater treatment facility if permitted under MGL C. 21, § 43.

Solid waste disposal facility. Refuse transfer station, composting plant, solid waste recycling operation and any other works or use approved by the Massachusetts Department of Public Health and the board of health of the town of Northborough for processing, handling, treating, incinerating and disposing of solid or liquid waste materials, including garbage, rubbish, junk, discarded bulk items, and sludges but not raw sewage, and similar waste items.

Any use permitted as a principal use also shall be permitted as an accessory use, provided such use is customarily incidental to the main or principal building or use of the land, as determined by the Building Inspector.

Any use authorized as a principal use by special permit may also be authorized as an accessory use by special permit, provided such use is customarily incidental to the main or principal building or use of the land.

Facilities for training employees of the principal use.

Accessory to an industrial use: