Whitman, MA Zoning Ordinance

New building shall be set close to the sidewalk or street line to encourage pedestrian access. Pedestrian connections to adjacent properties shall also be provided where appropriate.

Parking shall not be allowed in the front yard areas. The number of parking spaces shall be provided in accordance with the requirement of this subsection that supersede the requirements of Article VIII of this Zoning Bylaw.

Common-access driveways and shared parking shall be provided where possible.

(d)

Landscaping, signage and architectural elements of proposed uses shall be of high quality, consistent with existing buildings, and reflect the historical character of the Business District. Maximum consideration shall be given to building design and landscape elements which improve the streetscape of the zone.

(4)

Uses. The following are specifically allowed within the zone, in addition to those uses that are identified in § 240-5.4:

All business uses currently permitted in the General Business Zone.

Residential uses as part of mixed-use development, but not as a stand-alone principal use, except by special permit from the Board of Appeals. Residential components may not exceed 50% of the total gross floor area of a proposed multi-use project, except as provided in the next Subsection J(4)(c).

Residential units may be located on the upper floors of commercial buildings as part of a mixed-use development without limitation as to percentage of total gross floor area, provided that:

The building is connected to the public sewer system.

No units are located on street level or within a basement.

There shall be no more than two bedrooms per unit.

[4]

All units must have two means of egress separate from the commercial use. No access to or egress from any unit shall be through a commercial establishment.

[5]

All units must meet the requirements of the building and health codes for habitable space.

(5)

Parking requirements.

The following specific parking requirements for the MUOD Zone modify and supersede the relevant requirements contained in § 240-8.12G of this bylaw in the following respects.

Parking spaces shall be provided as follows:

Residential: one space for each bedroom located within each dwelling unit of the building, provided that no on-street parking space may be used to satisfy this requirement.

Nonresidential: As provided in § 240-8.12, street parking spaces, as well as other public parking spaces within 500 feet of the site, may be counted toward nonresidential parking requirements.

Off-premises parking is permitted and may be located up to 600 feet from the proposed use, provided a formal agreement exists for use of the space and such evidence is presented to the Building Commissioner/Inspector of Buildings as part of the permitting process.

§ 240-5.5 (Reserved) [1]

Editor's Note: Former § 240-5.5, Marijuana establishments prohibited, was repealed 5-2-2022 ATM by Art. 41, AG approved 11-10-2022, eff. 5-2-2022.

Whitman City Zoning Code

ARTICLE V

Use Regulations

§ 240-5.1 Use restrictions.

§ 240-5.2 Interpretation of regulations.

§ 240-5.4 Table of Use Regulations.

Full Name	Short Name
Single Residence A-1 Districts	A-1
Single Residence A-2 Districts	A-2
General Residence Districts	GR
Highway Business Districts	HB
General Business Districts	GB
Limited Industrial Districts	LI
Industrial Districts	I
Floodplain and Watershed Protection Districts	FP
Multiple Use Overlay District	MUOD

P	=	Permitted
SP	=	Special Permit
N	=	Not Permitted

	Whitman Zoning Districts
Principal Uses	A-1	A-2	GR	HB	GB	LI	I	FP
A. Residential Uses
1) Detached dwelling on a separate lot occupied by not more than one family	P	P	P	N	N	N	N	SP
2) Antique shop in a dwelling or building accessory thereto, provided that there is no exterior display and the residential character of the premises is preserved	SP	SP	SP	P	P	P	N	SP
3) Boarding and lodging houses, and tourist homes	N	N	SP	SP	N	N	N	SP
4) Planned cluster development	N	N	N	N	N	N	N	N
5) Motels	N	N	N	SP	N	N	N	SP
6) The renting of rooms or the furnishing of board in the dwelling to not more than five persons not members of the family residing on the premises	P	P	P	N	N	N	N	SP
7) Conversion of an existing dwelling to accommodate not more than two families, provided that the exterior design of the structure is not changed from the character of a single-family unit and further provided that each dwelling unit resulting from such conversion shall comply with § 240-6.4 and have a lot size of a minimum of 18,000 square feet before conversion	SP	SP	SP	SP	SP	SP	N	SP
8) Detached dwelling on a separate lot occupied by not more than two families and having a lot size with a minimum of 22,500 square feet	SP	SP	N	N	N	N	N	SP
9) Trailer or mobile homes	N	N	N	N	N	N	N	N
10) Trailer park or mobile home park	N	N	N	N	N	N	N	N
11) Campgrounds	N	N	N	N	N	N	N	N
12) Multifamily apartment dwellings on a single lot of not less than 87,000 square feet, and subject to the conditions set forth in § 240-7.3	N	N	SP	SP	N	N	N	SP
B. Institutional, Recreational, and Educational Uses
1) Place of worship, parish houses, religious schools	P	P	P	P	P	P	P	SP
2) Religious, sectarian and nonsectarian denominational, or private school not conducted as a private business for gain	P	P	P	P	P	P	P	SP
3) Extension of an existing cemetery	SP	SP	SP	N	N	N	N	SP
4) Recreation facility owned or operated by an agency of Town or other government	SP	SP	SP	SP	SP	SP	SP	SP
5) Public utilities	SP	SP	SP	SP	SP	SP	SP	SP
6) Private nonprofit libraries or museums	SP	SP	SP	SP	SP	SP	SP	SP
7) Private community center building, settlement house, community residences or other similar facility	SP	SP	SP	SP	SP	SP	SP	SP
8) Hospital, infirmary, nursing home, convalescent home or other medical institutions	SP	SP	SP	SP	SP	N	N	SP
9) Day nursery, nursery, school, kindergarten or other agency giving day care to children	SP	SP	SP	N	N	N	N	SP
10) Trade, professional or other school conducted as a private business for gain	N	N	N	P	P	SP	N	SP
11) Private clubs, lodge or other nonprofit social, cultural, civic or recreational use (but not including any use the chief activity of which is one customarily conducted as a business)	SP	SP	SP	P	P	SP	N	SP
12) Country club, golf, swimming, outdoor tennis or other commercial recreational facility	SP	SP	SP	P	N	SP	N	SP
13) Entertainment and recreation facilities operated as a business for gain, including but not limited to bowling alley, theater, sport arena, skating rink or tennis courts, provided such use is housed indoors in a sound-insulated structure protecting neighborhood from inappropriate noise in any season	N	N	N	P	P	SP	N	SP
14) All Town and municipal uses	SP	SP	SP	SP	SP	SP	SP	SP
C. Agricultural Uses
1) Farming-agricultural, orchard, horticultural or silvicultural	P	P	P	P	P	P	P	P
2) Farms, including livestock (excluding the raising or keeping of one or more swine) poultry and dairy farm, market gardens, and the sale of produce raised on the premises	P	P	SP	SP	SP	P	N	SP
3) One roadside stand per farm for sale of agricultural products grown or produced on the premises	P	P	P	P	P	P	N	P
D. Office and Laboratory
1) Professional business or financial office or studio situated in a dwelling used as a private residence by the professional, business or financial person, but not including in any instance any business, office, studio or entity applying tattoos and/or engaging in body piercing, branding, scarring or any other form of so-called "body art" or "body modification", provided that not more than 25% of the floor area or 400 square feet, whichever is less, of the residence shall be used for the professional, financial or business purpose, and limited to not more than one nonresident employee allowed	N	N	N	SP	N	SP	SP	N
2) Business or professional offices or banks	N	N	N	P	P	P	P	SP
3) Offices and clinics for medical, psychiatric or other health services for examination or treatment of persons as outpatients, including only laboratories that are part of such office or clinic	N	N	N	P	P	P	N	SP
4) Research laboratories with incidental assembly or experimental and testing laboratories	N	N	N	P	N	P	P	SP
5) Commercial or Educational Radio Television studio	N	N	N	P	P	P	N	SP
6) Commercial or educational radio or television transmission tower facility but not studio	N	N	N	N	N	SP	SP	SP
E. Retail Business and Consumer Service Establishments
1) Store for retail sale of merchandise, provided that all display, storage and sale of materials are conducted within a building (except for nursery and agricultural supplies), and provided there be no manufacturing or assembly on the premises	N	N	N	P	P	P	N	SP
2) Eating places serving food and/or beverages to be consumed within the building	N	N	N	P	P	P	N	SP
3) Drive-in or open-air restaurant or other establishment providing food and beverage with no live or mechanical entertainment	N	N	N	P	SP	SP	N	SP
4) Space for manufacturing, assembly or packaging of consumer goods, provided that at least 50% of such merchandise is sold at retail on premises and that all display, sales and storage are conducted within building; and further provided that no more than 25% of floor area is devoted to manufacturing, assembly or packaging of consumer goods	N	N	N	SP	SP	P	P	SP
5) Service business serving local needs, such as barber shops, beauty shops, shoe repair, self-service laundry or dry-cleaning establishments, but not including in any instance any business, office, studio or entity applying tattoos and/or engaging in body piercing, branding, scarring or any other form of so-called "body art" or "body modification"	N	N	N	SP	N	SP	SP	N
6) Mortuary, undertaking or funeral establishment	N	N	N	SP	SP	N	N	SP
7) Veterinary establishment or kennel used for boarding purposes, provided that animals are kept indoors, and provided that such uses are located on the same premises as a dwelling and are conducted by the resident thereof	SP	SP	SP	SP	SP	SP	N	SP
8) Store for retail sale of merchandise such as but not limited to lumber yards and building supply yards wherein merchandise is stored in the open	N	N	N	SP	N	P	P	SP
9) Any business, office, studio or entity applying tattoos and/or engaging in body piercing, branding, scarring or any other form of so-called "body art" or "body modification"	N	N	N	SP	N	SP	SP	N
F. Automotive Service and Open-Air Drive-In Retail Service
1) Gasoline service stations, repair garages and body shops, provided that they comply with the requirements of § 240-7.4 of this bylaw	N	N	N	P	SP	SP	N	SP
2) Sales, service and rental of new automobiles, trucks, boats and other motor vehicles conducted wholly or partly within an enclosed structure; accessory sales of used automobiles, trucks and other motor vehicles conducted wholly or partly within an enclosed structure; and accessory storage, provided that service activities and facilities conform to the requirements of § 240-7.4A	N	N	N	P	SP	SP	N	SP
3) Sales of used motor vehicles in conjunction with a gasoline service station, repair garage or body shop	N	N	N	SP	SP	SP	N	SP
4) Sales of used motor vehicles from within an enclosed structure or on an outdoor lot and as a distinct business unrelated to and separate from any gasoline service station, repair garage or body shop, with lighting and other display features meeting the standards of § 240-7.4A	N	N	N	SP	N	N	N	SP
5) Car and truck washing establishments	N	N	N	SP	N	SP	N	SP
6) Truck and heavy equipment repair shops, provided all work is carried out within the building	N	N	N	SP	N	P	P	SP
7) Sales places for flowers, garden supplies, agricultural produce partly or wholly outdoors, including commercial greenhouses	N	N	N	P	N	P	N	SP
8) Place for exhibition, lettering or sale of gravestones	N	N	N	P	N	P	N	SP
G. Industrial, Wholesale and Transportation Uses
1) Laundries and dry-cleaning plants	N	N	N	SP	P	SP	P	SP
2) Printing, binding, publishing and related arts and trades	N	N	N	SP	P	SP	P	SP
3) Bottling of beverages	N	N	N	SP	N	SP	P	SP
4) Plumbing, electrical or carpentry shop or other similar service or repair establishment other than those in Subsection I(6)	N	N	N	P	SP	P	P	SP
5) Place for manufacturing, assembling or packaging of goods, provided that all resulting cinders, dust, flashing, fumes, gases, odors, refuse matter, smoke and vapor be effectively confined to the premises or be disposed of in a manner that does not create a nuisance or hazard to safety or health	N	N	N	N	N	SP	P	SP
6) Wholesale business and storage in a roofed structure	N	N	N	P	SP	P	P	SP
7) Trucking and freight terminals	N	N	N	SP	N	SP	SP	SP
8) Light non-nuisance manufacturing, including fabricating of small parts and manufacturing which is incidental to research and experimental laboratories or which is in an industrial park; cafeterias for employees and other normal accessory uses when contained in the same structure as the permitted use	N	N	N	SP	SP	P	P	SP
9) Industrial parks	N	N	N	N	N	SP	P	SP
10) Office parks	N	N	N	SP	N	SP	SP	SP
11) Research parks	N	N	N	SP	N	SP	SP	SP
12) Renewable or alternative energy research and development facilities, and renewable or alternative energy manufacturing facilities. For the purposes of this subsection, "renewable energy," "alternative energy," "research and development facilities" and "manufacturing facilities" shall be as defined in Article II, Definitions.	N	N	N	SP	N	SP	P	N
H. Other Principal Uses
1) Extractive industries, manufacture, distribution or sale of explosives	N	N	N	N	N	N	N	N
2) Open-lot storage of transport vehicles and trailers	N	N	N	SP	N	SP	P	SP
3) Truck and trailer bodies stored or used for storage	N	N	N	SP	N	SP	P	SP
4) Open-lot storage or sale of junk or salvaged materials	N	N	N	N	N	N	N	N
5) Open-lot storage of goods and materials used in connection with a commercial or industrial use	N	N	N	SP	N	SP	SP	SP
6) Removal of sod, loam, sand, gravel or other earth products in connection with the construction of a building for which a permit has been issued, provided that the amount of such material removal does not exceed the amount contained before construction, in the particular space to be occupied by the foundation of said building	P	P	P	P	P	P	P	SP
7) The removal of sand, loam, sod or gravel for commercial purposes. Nothing herein contained, however, shall prohibit the removal of the same in connection with the construction of a building for which a permit has been duly issued or for the landscaping of a lot from which said sand, loam, sod or gravel is removed. The same may be used commercially when taken from a proposed street after approval of the definitive plan of the street by the Planning Board.	N	N	N	N	N	SP	N
8) Airport for the service of small private craft, including the incidental sale, storage and repair of such craft, but only to the extent specifically authorized by the Board of Appeals	N	N	N	N	N	SP	N	SP
I. Accessory Uses
1) Tool shed, playhouse, tennis court, boathouse or other building or structure for domestic use; private garage for motor vehicles, but not including more than one commercial vehicle, other than farm vehicles, or more than one vehicle owned by a nonresident of the premises	P	P	P	P	P	P	N	SP
2) Private horse stable, provided that said structure be not less than 75 feet from any property line, and provided that fencing adequate to prevent passage of animals onto abutting property be established	P	P	SP	SP	SP	SP	N	SP
3) Accessory uses which are necessary in connection with scientific research	N	N	N	SP	SP	SP	SP	SP
4) A private swimming pool, provided that it meets the requirements of § 240-7.5 of this bylaw	P	P	P	P	P	N	SP
5) The raising or keeping of livestock or poultry (except the raising or keeping of one or more swine), provided that no building for livestock may be less than 50 feet from any lot line and no building for poultry may be less than 20 feet from any lot line and not larger than 10% of the floor space	P	P	P	P	P	P	SP	SP
6) Any customary home occupation as described in Article II	P	P	P	P	P	P	SP	SP
7) The use of a portion of a dwelling or accessory building thereto by a resident skilled tradesperson, draftsperson or artisan, for incidental work with an off-premises occupation, provided there is no external change which alters the residential appearance of the building, and provided that all storage is kept indoors, and provided that no more than 25% of the floor area or 400 square feet, whichever is less, of the residence shall be used for the occupation	P	P	P	P	P	P	N	SP

Multiple Use Overlay District.

(1)

(2)

(3)

Design consideration.

New building shall be set close to the sidewalk or street line to encourage pedestrian access. Pedestrian connections to adjacent properties shall also be provided where appropriate.

Common-access driveways and shared parking shall be provided where possible.

(d)

(4)

Uses. The following are specifically allowed within the zone, in addition to those uses that are identified in § 240-5.4:

All business uses currently permitted in the General Business Zone.

Residential units may be located on the upper floors of commercial buildings as part of a mixed-use development without limitation as to percentage of total gross floor area, provided that:

The building is connected to the public sewer system.

No units are located on street level or within a basement.

There shall be no more than two bedrooms per unit.

[4]

All units must have two means of egress separate from the commercial use. No access to or egress from any unit shall be through a commercial establishment.

[5]

All units must meet the requirements of the building and health codes for habitable space.

(5)

Parking requirements.

The following specific parking requirements for the MUOD Zone modify and supersede the relevant requirements contained in § 240-8.12G of this bylaw in the following respects.

Parking spaces shall be provided as follows:

Residential: one space for each bedroom located within each dwelling unit of the building, provided that no on-street parking space may be used to satisfy this requirement.

Nonresidential: As provided in § 240-8.12, street parking spaces, as well as other public parking spaces within 500 feet of the site, may be counted toward nonresidential parking requirements.

§ 240-5.5 (Reserved) [1]

Editor's Note: Former § 240-5.5, Marijuana establishments prohibited, was repealed 5-2-2022 ATM by Art. 41, AG approved 11-10-2022, eff. 5-2-2022.

Whitman City Zoning Code

ARTICLE V

Use Regulations

§ 240-5.1 Use restrictions.

§ 240-5.2 Interpretation of regulations.

§ 240-5.4 Table of Use Regulations.

Full Name	Short Name
Single Residence A-1 Districts	A-1
Single Residence A-2 Districts	A-2
General Residence Districts	GR
Highway Business Districts	HB
General Business Districts	GB
Limited Industrial Districts	LI
Industrial Districts	I
Floodplain and Watershed Protection Districts	FP
Multiple Use Overlay District	MUOD

P	=	Permitted
SP	=	Special Permit
N	=	Not Permitted

	Whitman Zoning Districts
Principal Uses	A-1	A-2	GR	HB	GB	LI	I	FP
A. Residential Uses
1) Detached dwelling on a separate lot occupied by not more than one family	P	P	P	N	N	N	N	SP
2) Antique shop in a dwelling or building accessory thereto, provided that there is no exterior display and the residential character of the premises is preserved	SP	SP	SP	P	P	P	N	SP
3) Boarding and lodging houses, and tourist homes	N	N	SP	SP	N	N	N	SP
4) Planned cluster development	N	N	N	N	N	N	N	N
5) Motels	N	N	N	SP	N	N	N	SP
6) The renting of rooms or the furnishing of board in the dwelling to not more than five persons not members of the family residing on the premises	P	P	P	N	N	N	N	SP
7) Conversion of an existing dwelling to accommodate not more than two families, provided that the exterior design of the structure is not changed from the character of a single-family unit and further provided that each dwelling unit resulting from such conversion shall comply with § 240-6.4 and have a lot size of a minimum of 18,000 square feet before conversion	SP	SP	SP	SP	SP	SP	N	SP
8) Detached dwelling on a separate lot occupied by not more than two families and having a lot size with a minimum of 22,500 square feet	SP	SP	N	N	N	N	N	SP
9) Trailer or mobile homes	N	N	N	N	N	N	N	N
10) Trailer park or mobile home park	N	N	N	N	N	N	N	N
11) Campgrounds	N	N	N	N	N	N	N	N
12) Multifamily apartment dwellings on a single lot of not less than 87,000 square feet, and subject to the conditions set forth in § 240-7.3	N	N	SP	SP	N	N	N	SP
B. Institutional, Recreational, and Educational Uses
1) Place of worship, parish houses, religious schools	P	P	P	P	P	P	P	SP
2) Religious, sectarian and nonsectarian denominational, or private school not conducted as a private business for gain	P	P	P	P	P	P	P	SP
3) Extension of an existing cemetery	SP	SP	SP	N	N	N	N	SP
4) Recreation facility owned or operated by an agency of Town or other government	SP	SP	SP	SP	SP	SP	SP	SP
5) Public utilities	SP	SP	SP	SP	SP	SP	SP	SP
6) Private nonprofit libraries or museums	SP	SP	SP	SP	SP	SP	SP	SP
7) Private community center building, settlement house, community residences or other similar facility	SP	SP	SP	SP	SP	SP	SP	SP
8) Hospital, infirmary, nursing home, convalescent home or other medical institutions	SP	SP	SP	SP	SP	N	N	SP
9) Day nursery, nursery, school, kindergarten or other agency giving day care to children	SP	SP	SP	N	N	N	N	SP
10) Trade, professional or other school conducted as a private business for gain	N	N	N	P	P	SP	N	SP
11) Private clubs, lodge or other nonprofit social, cultural, civic or recreational use (but not including any use the chief activity of which is one customarily conducted as a business)	SP	SP	SP	P	P	SP	N	SP
12) Country club, golf, swimming, outdoor tennis or other commercial recreational facility	SP	SP	SP	P	N	SP	N	SP
13) Entertainment and recreation facilities operated as a business for gain, including but not limited to bowling alley, theater, sport arena, skating rink or tennis courts, provided such use is housed indoors in a sound-insulated structure protecting neighborhood from inappropriate noise in any season	N	N	N	P	P	SP	N	SP
14) All Town and municipal uses	SP	SP	SP	SP	SP	SP	SP	SP
C. Agricultural Uses
1) Farming-agricultural, orchard, horticultural or silvicultural	P	P	P	P	P	P	P	P
2) Farms, including livestock (excluding the raising or keeping of one or more swine) poultry and dairy farm, market gardens, and the sale of produce raised on the premises	P	P	SP	SP	SP	P	N	SP
3) One roadside stand per farm for sale of agricultural products grown or produced on the premises	P	P	P	P	P	P	N	P
D. Office and Laboratory
1) Professional business or financial office or studio situated in a dwelling used as a private residence by the professional, business or financial person, but not including in any instance any business, office, studio or entity applying tattoos and/or engaging in body piercing, branding, scarring or any other form of so-called "body art" or "body modification", provided that not more than 25% of the floor area or 400 square feet, whichever is less, of the residence shall be used for the professional, financial or business purpose, and limited to not more than one nonresident employee allowed	N	N	N	SP	N	SP	SP	N
2) Business or professional offices or banks	N	N	N	P	P	P	P	SP
3) Offices and clinics for medical, psychiatric or other health services for examination or treatment of persons as outpatients, including only laboratories that are part of such office or clinic	N	N	N	P	P	P	N	SP
4) Research laboratories with incidental assembly or experimental and testing laboratories	N	N	N	P	N	P	P	SP
5) Commercial or Educational Radio Television studio	N	N	N	P	P	P	N	SP
6) Commercial or educational radio or television transmission tower facility but not studio	N	N	N	N	N	SP	SP	SP
E. Retail Business and Consumer Service Establishments
1) Store for retail sale of merchandise, provided that all display, storage and sale of materials are conducted within a building (except for nursery and agricultural supplies), and provided there be no manufacturing or assembly on the premises	N	N	N	P	P	P	N	SP
2) Eating places serving food and/or beverages to be consumed within the building	N	N	N	P	P	P	N	SP
3) Drive-in or open-air restaurant or other establishment providing food and beverage with no live or mechanical entertainment	N	N	N	P	SP	SP	N	SP
4) Space for manufacturing, assembly or packaging of consumer goods, provided that at least 50% of such merchandise is sold at retail on premises and that all display, sales and storage are conducted within building; and further provided that no more than 25% of floor area is devoted to manufacturing, assembly or packaging of consumer goods	N	N	N	SP	SP	P	P	SP
5) Service business serving local needs, such as barber shops, beauty shops, shoe repair, self-service laundry or dry-cleaning establishments, but not including in any instance any business, office, studio or entity applying tattoos and/or engaging in body piercing, branding, scarring or any other form of so-called "body art" or "body modification"	N	N	N	SP	N	SP	SP	N
6) Mortuary, undertaking or funeral establishment	N	N	N	SP	SP	N	N	SP
7) Veterinary establishment or kennel used for boarding purposes, provided that animals are kept indoors, and provided that such uses are located on the same premises as a dwelling and are conducted by the resident thereof	SP	SP	SP	SP	SP	SP	N	SP
8) Store for retail sale of merchandise such as but not limited to lumber yards and building supply yards wherein merchandise is stored in the open	N	N	N	SP	N	P	P	SP
9) Any business, office, studio or entity applying tattoos and/or engaging in body piercing, branding, scarring or any other form of so-called "body art" or "body modification"	N	N	N	SP	N	SP	SP	N
F. Automotive Service and Open-Air Drive-In Retail Service
1) Gasoline service stations, repair garages and body shops, provided that they comply with the requirements of § 240-7.4 of this bylaw	N	N	N	P	SP	SP	N	SP
2) Sales, service and rental of new automobiles, trucks, boats and other motor vehicles conducted wholly or partly within an enclosed structure; accessory sales of used automobiles, trucks and other motor vehicles conducted wholly or partly within an enclosed structure; and accessory storage, provided that service activities and facilities conform to the requirements of § 240-7.4A	N	N	N	P	SP	SP	N	SP
3) Sales of used motor vehicles in conjunction with a gasoline service station, repair garage or body shop	N	N	N	SP	SP	SP	N	SP
4) Sales of used motor vehicles from within an enclosed structure or on an outdoor lot and as a distinct business unrelated to and separate from any gasoline service station, repair garage or body shop, with lighting and other display features meeting the standards of § 240-7.4A	N	N	N	SP	N	N	N	SP
5) Car and truck washing establishments	N	N	N	SP	N	SP	N	SP
6) Truck and heavy equipment repair shops, provided all work is carried out within the building	N	N	N	SP	N	P	P	SP
7) Sales places for flowers, garden supplies, agricultural produce partly or wholly outdoors, including commercial greenhouses	N	N	N	P	N	P	N	SP
8) Place for exhibition, lettering or sale of gravestones	N	N	N	P	N	P	N	SP
G. Industrial, Wholesale and Transportation Uses
1) Laundries and dry-cleaning plants	N	N	N	SP	P	SP	P	SP
2) Printing, binding, publishing and related arts and trades	N	N	N	SP	P	SP	P	SP
3) Bottling of beverages	N	N	N	SP	N	SP	P	SP
4) Plumbing, electrical or carpentry shop or other similar service or repair establishment other than those in Subsection I(6)	N	N	N	P	SP	P	P	SP
5) Place for manufacturing, assembling or packaging of goods, provided that all resulting cinders, dust, flashing, fumes, gases, odors, refuse matter, smoke and vapor be effectively confined to the premises or be disposed of in a manner that does not create a nuisance or hazard to safety or health	N	N	N	N	N	SP	P	SP
6) Wholesale business and storage in a roofed structure	N	N	N	P	SP	P	P	SP
7) Trucking and freight terminals	N	N	N	SP	N	SP	SP	SP
8) Light non-nuisance manufacturing, including fabricating of small parts and manufacturing which is incidental to research and experimental laboratories or which is in an industrial park; cafeterias for employees and other normal accessory uses when contained in the same structure as the permitted use	N	N	N	SP	SP	P	P	SP
9) Industrial parks	N	N	N	N	N	SP	P	SP
10) Office parks	N	N	N	SP	N	SP	SP	SP
11) Research parks	N	N	N	SP	N	SP	SP	SP
12) Renewable or alternative energy research and development facilities, and renewable or alternative energy manufacturing facilities. For the purposes of this subsection, "renewable energy," "alternative energy," "research and development facilities" and "manufacturing facilities" shall be as defined in Article II, Definitions.	N	N	N	SP	N	SP	P	N
H. Other Principal Uses
1) Extractive industries, manufacture, distribution or sale of explosives	N	N	N	N	N	N	N	N
2) Open-lot storage of transport vehicles and trailers	N	N	N	SP	N	SP	P	SP
3) Truck and trailer bodies stored or used for storage	N	N	N	SP	N	SP	P	SP
4) Open-lot storage or sale of junk or salvaged materials	N	N	N	N	N	N	N	N
5) Open-lot storage of goods and materials used in connection with a commercial or industrial use	N	N	N	SP	N	SP	SP	SP
6) Removal of sod, loam, sand, gravel or other earth products in connection with the construction of a building for which a permit has been issued, provided that the amount of such material removal does not exceed the amount contained before construction, in the particular space to be occupied by the foundation of said building	P	P	P	P	P	P	P	SP
7) The removal of sand, loam, sod or gravel for commercial purposes. Nothing herein contained, however, shall prohibit the removal of the same in connection with the construction of a building for which a permit has been duly issued or for the landscaping of a lot from which said sand, loam, sod or gravel is removed. The same may be used commercially when taken from a proposed street after approval of the definitive plan of the street by the Planning Board.	N	N	N	N	N	SP	N
8) Airport for the service of small private craft, including the incidental sale, storage and repair of such craft, but only to the extent specifically authorized by the Board of Appeals	N	N	N	N	N	SP	N	SP
I. Accessory Uses
1) Tool shed, playhouse, tennis court, boathouse or other building or structure for domestic use; private garage for motor vehicles, but not including more than one commercial vehicle, other than farm vehicles, or more than one vehicle owned by a nonresident of the premises	P	P	P	P	P	P	N	SP
2) Private horse stable, provided that said structure be not less than 75 feet from any property line, and provided that fencing adequate to prevent passage of animals onto abutting property be established	P	P	SP	SP	SP	SP	N	SP
3) Accessory uses which are necessary in connection with scientific research	N	N	N	SP	SP	SP	SP	SP
4) A private swimming pool, provided that it meets the requirements of § 240-7.5 of this bylaw	P	P	P	P	P	N	SP
5) The raising or keeping of livestock or poultry (except the raising or keeping of one or more swine), provided that no building for livestock may be less than 50 feet from any lot line and no building for poultry may be less than 20 feet from any lot line and not larger than 10% of the floor space	P	P	P	P	P	P	SP	SP
6) Any customary home occupation as described in Article II	P	P	P	P	P	P	SP	SP
7) The use of a portion of a dwelling or accessory building thereto by a resident skilled tradesperson, draftsperson or artisan, for incidental work with an off-premises occupation, provided there is no external change which alters the residential appearance of the building, and provided that all storage is kept indoors, and provided that no more than 25% of the floor area or 400 square feet, whichever is less, of the residence shall be used for the occupation	P	P	P	P	P	P	N	SP

Multiple Use Overlay District.

(1)

(2)

(3)

Design consideration.

New building shall be set close to the sidewalk or street line to encourage pedestrian access. Pedestrian connections to adjacent properties shall also be provided where appropriate.

Common-access driveways and shared parking shall be provided where possible.

(d)

(4)

Uses. The following are specifically allowed within the zone, in addition to those uses that are identified in § 240-5.4:

All business uses currently permitted in the General Business Zone.

Residential units may be located on the upper floors of commercial buildings as part of a mixed-use development without limitation as to percentage of total gross floor area, provided that:

The building is connected to the public sewer system.

No units are located on street level or within a basement.

There shall be no more than two bedrooms per unit.

[4]

All units must have two means of egress separate from the commercial use. No access to or egress from any unit shall be through a commercial establishment.

[5]

All units must meet the requirements of the building and health codes for habitable space.

(5)

Parking requirements.

The following specific parking requirements for the MUOD Zone modify and supersede the relevant requirements contained in § 240-8.12G of this bylaw in the following respects.

Parking spaces shall be provided as follows:

Residential: one space for each bedroom located within each dwelling unit of the building, provided that no on-street parking space may be used to satisfy this requirement.

Nonresidential: As provided in § 240-8.12, street parking spaces, as well as other public parking spaces within 500 feet of the site, may be counted toward nonresidential parking requirements.

§ 240-5.5 (Reserved) [1]