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Raynham City Zoning Code

ARTICLE 4

Permitted Uses

§ 350-4.1 Permitted uses: residential districts.

A. 
Residential A District.
(1) 
Detached one family dwellings and a residential garage, toolhouse, swimming pool, tennis court, basketball court or similar amenity.
[Amended 2-12-1990 STM]
(2) 
Religious, education or municipal use.
(3) 
Hospital, sanitarium.
(4) 
Farm or nursery, including the display and sale of natural products raised in the Town and the raising of stock products insofar as a majority of such products for sale have been produced by the owner of the land on which the facility is located; and the raising of livestock not to exceed one livestock per 15,000 square feet; and the raising of fowl not to exceed one fowl per 2,500 square feet.
[Amended 2-12-1990 STM]
B. 
Residential B District.
(1) 
Any use permitted in Residential District "A."
(2) 
Multifamily dwellings.
[Amended 2-12-1990 STM]
(3) 
Cluster multifamily development.
[Added 5-21-1990 ATM]
(a) 
Cluster multifamily developments shall only be permitted in Residential B District (and in no other district) upon issuance of site plan approval from the Raynham Planning Board.
[Amended 5-16-2022 ATM by Art. 28]
(b) 
Purposes. The purposes of cluster multifamily development are to:
[Amended 5-16-2022 ATM by Art. 28]
[1] 
Allow for greater flexibility and creativity in the design of multifamily subdivisions, provided that the overall density of the development is no greater than what is normally allowed in a Residential B District.
[2] 
Encourage the permanent preservation of open space, agricultural lands, and other natural resources.
[3] 
Facilitate the construction and maintenance of streets, utilities and public services in a more economical and efficient manner.
[4] 
Encourage a less sprawling form of development that consumes less open land, and offers more protection for wetland and conservation areas.
(c) 
Additional general requirements. The following standards shall be used as additional requirements in the site plan approval process for all cluster developments:
[1] 
The development shall include multifamily dwellings only.
[2] 
There shall be adequate, safe, and convenient arrangement, to be determined by the Raynham Planning Board, of pedestrian circulation, recreational facilities, roadways and parking.
[3] 
The site plan shall identify the location and extent of all wetlands on the site.
[4] 
All site plans shall be in compliance with all of the Raynham Zoning Bylaw for Residential B Districts, except that portion of § 350-6.8A of the Raynham Zoning Bylaw which reads "Each building shall occupy one lot"; and no site plan shall be approved if the Raynham Planning Board receives written opposition from the Raynham Board of Health based upon Raynham Board of Health rules and regulations.
(d) 
Additional utility requirements. The applicant shall submit a public sewer connection or septic system design prepared by a certified engineer, and the location of public water lines or private well locations.
(e) 
Dimensional and density requirements.
[1] 
The maximum number of dwelling units permitted in a cluster development shall not be greater than the number of dwelling units that would be allowed in a Residential B subdivision.
[2] 
Under the supervision of the Board of Health, percolation tests shall be conducted for all septic system locations.
[3] 
The minimum street, rear and side yard setbacks shall be the same as required in a Residential B District. (See § 350-5.1 of the Raynham Zoning Bylaw.)
[4] 
There shall be no more than 16 bedrooms per building, and in any event, no more than 12 units allowed in any one building.
[5] 
No multifamily building will be located within 60 feet of any other building.
[Amended 5-16-2022 ATM by Art. 28]
(f) 
Common open space requirements. All land not devoted to dwellings, accessory uses, roads, parking or other developments shall be set aside as common land for recreation, conservation, or agricultural uses which preserve the land in essentially its natural condition. The said common land will be maintained by the owner.
(g) 
Procedures for site plan approval. All preliminary site plans shall conform to all the Rules and Regulations of the Raynham Planning Board as if it were a Form B preliminary subdivision plan. All definitive site plans shall conform to all the Rules and Regulations of the Raynham Planning Board as if it were a Form C definitive subdivision plan.
C. 
Residential C District.
(1) 
Mobile home park with accessory buildings permitted thereto.
D. 
Residential D District.
[Added 5-20-1996 ATM]
(1) 
Any use permitted in Residential A District.
(2) 
The following uses, to take place inside a building only, may be authorized by special permit granted by the Zoning Board of Appeals, acting as the special permit granting authority, provided that the use does not cover more than 2,000 square feet in floor area: Antique shops, craft and/or gift shops, arts and crafts studios, barbershops and/or beauty shops, bed-and-breakfast inns, offices of doctors, dentists, architects, accountants, bookkeeping services, attorneys, real estate agents, consulting firms, employment agents, advertising agents, insurance agents, travel agents, mortgage originators, and coin and stamp collectors. All other uses are prohibited. The Zoning Board of Appeals shall be governed by §§ 350-7.2 and 350-7.3 of the Zoning Bylaw of the Town of Raynham in considering a special permit application.

§ 350-4.2 Permitted uses: Business District.

A. 
Any use permitted in a Residential A District, except a residential subdivision.
B. 
Office, bank, newspaper or job printing establishment.
C. 
Hotel, motel or restaurant.
D. 
Any wholesale or retail business, research laboratory, service business or public utility, not involving manufacture on the premises except of products, the majority of which is sold on the premises by the producer to the consumer, excluding, however, from the definition of any wholesale or retail business the business of buying or selling of secondhand motor vehicles, commonly known as a "used car lot," and provided that no such use shall be permitted which would be unreasonably detrimental or unreasonably offensive or tend to reduce property values in the same or adjoining districts by reason of excessive dirt, odor, fumes, smoke, gas, sewage, refuse, noise, vibration, danger of explosion or fire. Also excluded from the definition herein of any wholesale or retail business, or service business, are "adult bookstore," "adult motion picture theater," "adult paraphernalia store," "adult club" and "adult video store," as those terms are defined in Article 10, Definitions.
[Amended 5-20-1991 ATM; 11-22-1999 STM]
E. 
Adult retirement community by special permit in accordance with Article 18.
[Added 6-7-2004 STM]

§ 350-4.3 Permitted uses: Industrial District.

A. 
Any use permitted in a Residential A District, except detached one-family dwellings or apartment buildings.
B. 
Any business permitted in a Business District.
C. 
Any manufacturing or industrial use, including processing, fabrication and assembly, and provided that no such use shall be permitted which would be unreasonably detrimental or unreasonably offensive or tend to reduce property values in the same or adjoining districts by reason of excessive dirt, odor, fumes, smoke, gas, sewage, refuse, noise, vibration, danger of explosion or fire.
[Amended 2-12-1990 STM]
D. 
A sewage disposal and filtration plant where the same is to be used in connection with a use in the Industrial District, provided that the site has been approved by the appropriate state and federal agencies.
[Amended 2-12-1990 STM]
E. 
Adult retirement community by special permit in accordance with Article 18.
[Added 6-7-2004 STM]

§ 350-4.4 Permitted uses: Farm and Forest District.

A. 
The growing of agricultural and/or horticultural crops as defined in MGL c. 61A, §§ 1, 2 and 3, agricultural and horticultural land assessment, which define agricultural, horticultural, and what constitutes farm area.
B. 
Any federal, State of Massachusetts, or Town of Raynham use.
C. 
Detached one-family dwelling with accessory building customarily incidental to and so used, and to the growing of timber or farm use.
(1) 
Detached single-family dwellings, provided the lot meets the minimum requirements of § 350-5.3 as to lot area (five acres) and has at least 200 feet of frontage.
D. 
Religious or educational uses on land owned or leased by a religious sect, denomination, nonprofit educational corporation, the Commonwealth of Massachusetts or any of its agencies, subdivisions, or bodies politic, insofar as such religious or educational uses are exempted from local zoning restrictions by MGL c. 40A, § 3, as amended by Chapter 808 of 1975. Such religious and educational uses shall, however, be subject to lot size and other intensity regulations applicable to Farm and Forest Districts and shall be required to provide paved off-street parking areas or garages sufficient to meet the needs of such religious or educational institution without the use of nearby streets for parking.

§ 350-4.5 Permitted uses: Farm and Forest District II.

[Added 5-15-2000 ATM]
A. 
The growing of agricultural and/or horticultural crops as defined in MGL c. 61A, §§ 1, 2 and 3, agricultural and horticultural land assessment, which define agricultural, horticultural, and what constitutes farm area.
B. 
Any federal, State of Massachusetts or Town of Raynham use.
C. 
Solid waste facility.
D. 
Detached one-family dwelling with accessory building customarily incidental to and so used, and to the growing of timber or farm use.
(1) 
Detached single-family dwellings, provided the lot meets the minimum requirements of § 350-5.3 as to lot area (five acres) and has at least 200 feet of frontage.
E. 
Religious or educational uses on land owned or leased by a religious sect, denomination, nonprofit educational corporation, the Commonwealth of Massachusetts or any of its agencies, subdivisions or bodies politic, insofar as such religious or educational uses are exempted from local zoning restrictions by MGL c. 40A, § 3, as amended by Chapter 808 of 1975. Such religious and educational uses shall, however, be subject to lot size and other intensity regulations applicable to Farm and Forest Districts and shall be required to provide paved off-street parking areas or garages sufficient to meet the needs of such religious or educational institution without the use of nearby streets for parking.

§ 350-4.6 Wetland District.

See Article 9.

§ 350-4.7 Flood Hazard Protective Overlay District.

See Article 8.

§ 350-4.8 Permitted uses: Light Industrial District.

[Added 5-29-2003 ATM]
A. 
Any use permitted in a Residential A District, except a residential subdivision.
[Amended 5-17-2010]
B. 
Research and development, engineering, manufacturing and assembly, high technology, biotechnology, warehouse and/or distribution center, communications and utilities facilities and similar uses, except that any such use that would be injurious, obnoxious, offensive, or hazardous to the surrounding area by reason of actual or probable emission of noise, odors, gases, liquids, dust, chemicals, fumes or smoke shall be prohibited.
[Amended 5-17-2010]
C. 
Office, or related business; however, all retail and any restaurant uses are prohibited.
D. 
Day care, adult day care, and assisted living.

§ 350-4.9 Permitted uses: Office Development District.

[Added 6-7-2004 STM]
An Office Development District shall encourage a wide range of manufacturing, research, office and other uses which can be built and operated with a minimum of noise, smoke, odor, traffic and other nuisances and which do not create adverse impacts upon adjacent uses. Any use permitted in the Business District, Industrial District, Residential A, B, C, and D Districts, and Farm and Forest District is not allowed in the Office Development District unless enumerated in this § 350-4.9 specifically.
A. 
Office or office park.
B. 
Research and development or engineering business.
C. 
Light industry.
D. 
Hotel.
E. 
Municipal use.
F. 
Agricultural uses, including nurseries.

§ 350-4.10 Permitted uses: Designated Development District.

A. 
Office, banking or wholesale or related business, except that any such use that would be injurious, obnoxious, hazardous or offensive to the surrounding area by reason of actual or probable emission of noise, odors, gases, liquids, dust, chemicals, fumes or smoke shall be prohibited.
[Amended 5-18-1987]
B. 
Research and development, engineering, light manufacturing, warehouse or distribution center, communications and utilities facilities, except that any such use that would be injurious, obnoxious, offensive, or hazardous to the surrounding area by reason of actual or probable emission of noise, odors, gases, liquids, dust, chemicals, fumes or smoke shall be prohibited.
[Amended 11-19-2007 STM]
C. 
Hotel, conference facility, parking facility or restaurant except that so-called "fast food" restaurants shall be prohibited. A "fast food" restaurant shall mean a restaurant whose principal business is the sale of foods or beverages in a ready-to-consume state within the building or off premises and whose principal method of operation includes sale of foods and beverages in paper, plastic or other disposable containers, or where consumption of foods and beverages on the premises outside the restaurant building or within parked motor vehicles on the premises is allowed and encouraged or where foods and beverages are served directly to the customer in a motor vehicle.
D. 
Educational, hospital or medical or health-related, athletic/physical fitness or agricultural facility.
[Amended 5-16-2022 ATM by Art. 28]
E. 
Speciality retail is only allowed incidental to any permitted uses in this § 350-4.10. The maximum space available for speciality retail shall not exceed the lesser of 20% or 1,000 square feet of the total aggregate space of the principal use, a portion of which is speciality retail.
[Added 11-19-2007 STM]

§ 350-4.11 Water Resource Protection Overlay District.

[Added 5-21-1990 ATM]
See Article 11.