Wrentham, MA Zoning Ordinance

The change is from one principal use category to another (i.e., use classifications that are on different lines in § 390-4.2);

The existing use of a lot is a combination of several different principal uses, such as different retail establishments, offices or restaurants within one building, and the changes alters the off-street parking requirements for the overall use of the lot;

The operating characteristics of the new use differ substantially from that of the use which it replaces because there are adverse impacts on nearby properties, or the capacity of public services or facilities is not adequate to accommodate the new use;

In the case where a special permit or variance is in effect, the change would result in exceeding any conditions included in the special permit or variance, even if the preceding use and the new use are on the same line in § 390-4.2.

A change in ownership or management of an establishment conducted as a principal use, and not resulting in any of the changes listed above, is not considered a substantial change in use.

§ 390-4.5 Home occupations.

The Board of Appeals may issue a special permit to a resident to use his/her dwelling unit or accessory buildings to conduct a home occupation (considered an accessory use). The permit shall be for not longer than two years; shall not be transferable to a person other than the person to whom the permit was issued; and shall terminate immediately if the person to whom the permit was granted discontinues his/her residency at the location for which the permit application was made.

The gross floor area that may be used to conduct a home occupation may not exceed 500 square feet.

No part of any structure or building shall be modified or constructed in any way that is not normally or usually found in a residence, or which detracts from its appearance as a primarily residential structure.

Signage may not be employed, except as permitted by Article XVIII. Further, signage in accordance with Article XVIII shall be appropriate to the proposed use and shall be reviewed as part of the special permit application.

The resident to whom the special permit is granted may not employ more than one other person at that location.

Outside storage or display of any goods, material, or equipment, including more than two vehicles of 15,000 or lower gross vehicle weight, is prohibited. Any storage or display of more than one vehicle of more than 15,000 gross vehicle weight is prohibited.

Retail sales shall not be allowed; except those items that are manufactured, crafted, or produced by the resident at the location for which the permit was granted, and antiques and the like.

No special permit shall be required under this section for the accessory business use of a residence if the use meets all the limitations set forth in the preceding Subsection A, if it does not require the invitation of the public onto the premises for business purposes, and if it does not include any of the following attributes:

Employment of any person not residing on the premises;

The posting of any exterior signs; or

Parking or storage of any motor vehicle of more than 15,000 gross vehicle weight for use in the business enterprise, or more than two vehicles of any size not for personal use.

§ 390-4.6 Bed-and-breakfast homes.

A bed-and-breakfast home is an accessory use in which a private owner-occupied dwelling unit has three or fewer bed-and-breakfast units available for rent, breakfast included, for overnight accommodations.

Objective. The conversion of an existing single detached dwelling unit into a bed-and-breakfast home containing not more than three bed-and-breakfast units is intended to provide standards to ensure that any dwelling containing a bed-and-breakfast home is maintained primarily as a residence and the bed-and-breakfast accommodations are subordinate and incidental to the principal use of the dwelling as a residence.

Conditions and requirements. The Board of Appeals may issue a special permit for a bed-and-breakfast home to be conducted in a single detached dwelling unit in all zoning districts, provided that each of the following conditions and requirements are met:

General.

No bed-and-breakfast home, new or existing, shall be operated without first being granted a special permit from the Board of Appeals and a certificate of occupancy from the Building Inspector.

A bed-and-breakfast home is an accessory use and the primary use of the dwelling unit shall remain as a residence and not as a lodging house or as a "bed-and-breakfast establishment", as that term is defined in MGL c. 64G. The bed-and-breakfast operation shall not occupy more than 45% of the gross floor area of the dwelling unit, and shall meet the criteria of an accessory use set forth in § 390-4.3.

Within one dwelling unit there shall be a maximum of three bedrooms which are rented.

Food for a fee may be served only to overnight guests.

Length of stay shall not exceed seven nights within a thirty-day time period.

No signs beyond those allowed by Article XVIII of this bylaw shall be permitted.

The dwelling unit containing the bed-and-breakfast home shall be designed so that the exterior appearance of the structure remains that of a single detached dwelling; subject, further, to the following conditions and requirements:

All stairways to upper stories shall be enclosed within the exterior walls of the dwelling.

Any proposed enlargements or additions to the structure (prior to the issuance of the first certificate of occupancy for the bed-and-breakfast operation) shall be included as part of the special permit/site plan approval application.

Subsequent changes after the operation is underway shall be permitted only upon an approved site plan by the Board of Appeals.

The architectural character of a single residence shall be maintained.

Parking. In order to maintain the appearance of a residential neighborhood, all parking spaces on the lot shall be subject to the following conditions and requirements in addition to those applicable conditions set forth in § 390-6.4:

There shall be one parking space provided for each bed-and-breakfast unit.

Newly created parking spaces may be located only in the rear and side yard; however, not within the minimum rear or side setback areas.

Procedures. Each application for a special permit plan shall be accompanied by:

Floor plans, drawn to scale, of the dwelling, showing each of the bed-and-breakfast units to be designated and the access to, and egress from, each such unit.

An off-street parking plan.

Where exterior changes are proposed, an elevation, or other visual representation, of the facade to be changed sufficient to show the architectural character of the dwelling is maintained as a single detached dwelling unit.

Upon granting of the special permit, the applicant shall apply for a building permit (if necessary) and certificate of occupancy. Prior to a certificate of occupancy being granted, the Building Inspector shall inspect the property to determine compliance with the current requirements of the Massachusetts State Building Code.

The special permit shall be valid for two years. The special permit shall be granted only to the owner of the property and shall not be transferable. Any change in ownership in the property shall require a new special permit and certificate of occupancy.

§ 390-4.7 Country inns.

[Added 4-28-2003]

The Planning Board may issue a special permit for the use or conversion of an historic building built prior to 1929 for use as a country inn, subject to all of the criteria for the issuance of special permits set forth in § 390-3.4 (if applicable) and Article IX of this Zoning Bylaw, and subject to the Planning Board's determination that the proposed use will meet the following additional criteria:

The lot upon which the country inn will be located contains at least 8,000 square feet of area for each guest room, or such larger area as may be required under any other applicable section of this Zoning Bylaw;

There will be adequate parking to serve the guests and the staff, with parking areas to be screened from the street and from abutting properties so as to reasonably preserve the historic character and appearance of the property;

The architectural character of the historic building will be maintained;

The country inn shall be for transient lodging only (length of stay not to exceed 14 nights within a thirty-day period);

Expansion of the existing historic building may be authorized by special permit herein, provided it shall not be in excess of 25% of the gross floor area of the building existing at the time of the adoption of this bylaw; that all stairways to upper stories shall be enclosed, and that only limited alteration to the front building facade shall result from said expansion;

The portion of the building dedicated to restaurant use, exclusive of storage and kitchen areas, shall not exceed 20% of the net floor area of the building; and

If the country inn is to be located in a residential zoning district, there are adequate conditions on the manner and hours of operation of any restaurant or other accessory use to maintain the residential character of the neighborhood.

Notwithstanding the provisions of § 390-3.4B(1), the Planning Board shall be the special permit granting authority with respect to any special permit required under that section due to the nonconformity of the existing historic structure with the dimensional requirements of this Zoning Bylaw.

§ 390-4.8 Solar photovoltaic installations.

[Added 6-11-2013 ATM]

It is the purpose and intent of this § 390-4.8 to provide for solar photovoltaic installations by establishing standards for the placement, design and construction of such systems to address public safety, and to minimize impacts on scenic, natural and historic resources.

Roof-mounted solar photovoltaic installations, as provided for in § 390-4.2, Use Regulations Schedule, of this bylaw, may be installed as roof-/building-mounted systems, subject to the following development standards:

[Amended 11-14-2016 STM]

General requirements.

All photovoltaic systems shall be installed in a structurally safe manner and shall comply with the Massachusetts building, fire safety and wiring codes in addition to this bylaw. When conflicts occur between codes, the more stringent code shall apply.

The installer of photovoltaic power panels must submit plans to the Fire Department and Building Department for review prior to construction.

Residential systems.

Residential systems shall not be mounted within one foot of the ridge of a peaked roof that exceeds a 2-12 pitch.

Residential systems that cover both sides of a peaked roof that exceeds a 2-12 pitch must include a pathway at least three feet wide extending from the soffit to the peak on at least one side. This pathway shall be located over structurally sound members capable of withstanding the live load of firefighters working on the roof.

Commercial systems.

Commercial rooftop arrays shall not exceed 150 feet along either axis. When more than one array is placed on a commercial rooftop, a four-foot-wide access pathway must be placed between the arrays. This pathway shall be located over structurally sound members capable of withstanding the live load of firefighters working on the roof. When it is determined by the Building Commissioner that the roof configuration is similar to that of a one- or two-family dwelling, the residential access rule will apply.

Systems installed on a commercial flat roof must incorporate a four-foot-wide clear space around the perimeter. Systems installed on a commercial flat roof with the smallest dimension greater than 250 feet must incorporate a six-foot-wide clear space around the perimeter.

A minimum four-foot-wide center access pathway to provide access from two directions shall be provided. A four-foot-wide access pathway to skylights, roof hatches and roof standpipes shall have a clear perimeter of four feet in addition to the access pathway requirement.

The cross-roof pathway access must be identified "FD Access" by signs with three-inch lettering. The lettering shall be red font against a white background. If a joint decision of the Fire Department and Building Department determines that alternative access routes are available, as from adjacent buildings, these rules may be modified.

Permit/site plan requirements. A building permit shall be required for the installation of all roof-/building-mounted solar photovoltaic installations. Site plan approval is not required for roof-/building-mounted installations.

Ground-mounted solar photovoltaic installations, as provided for in § 390-4.2, Use Regulations Schedule, of this bylaw, may be installed, subject to the following development standards:

Permit/site plan requirements. A building permit shall be required for any installation of ground-mounted systems. In addition to a building permit, site plan approval must also be received from the Planning Board for a ground-mounted system that occupies greater than 1,000 square feet of ground area.

Development regulations.

Dimensional requirements.

Residential:

Front: Ground-mounted solar photovoltaic installations shall not be installed in the front yard setback.

Side and rear: Ten-foot setback from side and rear lot lines.

Height: The maximum height for a ground-mounted installation shall be 15 feet.

Nonresidential:

Front: Setbacks for ground-mounted solar photovoltaic installations shall be established by the Planning Board during the site plan approval process; however, the front yard setback shall be at least 10 feet.

Side and rear: Ten-foot setback from side and rear lot lines.

Height: The maximum height for a ground-mounted system shall be 15 feet, except that elevated installations over parking spaces shall have a maximum height of 18.5 feet.

Installation. All solar photovoltaic installations shall be permanently structurally mounted on the ground or on a building.

Where ground-mounted solar photovoltaic installations covering greater than 1,000 square feet of ground area abut residential uses, there must be increased consideration for mitigating visual impact to the residential use. For example, such items as increased setbacks, visual screening, and the like, may be required by the Planning Board during site plan approval.

Operation and maintenance plan. The project proponent shall submit a plan for the operation and maintenance of the solar photovoltaic installation, which shall include measures for maintaining safe access to the installation, stormwater controls, as well as general procedures for operational maintenance of the installation.

Compliance with laws, bylaws, and regulations. The construction and operation of all solar photovoltaic installations shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, electrical, and communications requirements. All use, dimensional and other requirements of the provisions of the Zoning Bylaw governing the underlying zoning districts shall remain in full force and effect, except for a project undergoing development pursuant to this § 390-4.8. For projects developed in accordance with this § 390-4.8, where the provisions of the Solar Photovoltaic Installation Bylaw are silent on a zoning regulation, the requirements of the underlying zoning district shall apply unless contrary to the intent of the Solar Photovoltaic Installation Bylaw.

Site plan approval.

Ground-mounted solar photovoltaic installations covering/occupying greater than 1,000 square feet of land shall undergo as-of-right site plan approval by the Planning Board in accordance with Article VII of this Zoning Bylaw, prior to construction, installation or modification, as provided in this section. Submittal and plan requirements in support of site plan approval applications for solar photovoltaic installations are stipulated below:

Submission requirements. The following shall be submitted to the Planning Board in support of a proposed solar photovoltaic installation project:

Application: three copies of a site plan approval application form, including a narrative describing the project site, scope of improvements, schedule and a description of how the project satisfies the criteria outline in § 390-7.7 of the Zoning Bylaw.

Abutters: a list of all abutters, together with the address of each as determined from the most recent local tax list certified by the Board of Assessors. An abutter is any property owner within 300 feet of the site.

Site plan: an original drawing of the site plan drawn in indelible ink and 10 contact prints. The prints are to be dark line on white background. (The original drawing will be returned after approval or disapproval.) The site plan shall be prepared by an engineer and surveyor and shall be clearly and legibly drawn at a scale of one inch equals 40 feet on a material which is suitable for reproduction. If multiple sheets are used, an index sheet showing the entire site plan shall be provided.

Location plan: a location plan of the site at a scale of one inch equals 200 feet, showing all proposed and existing uses, ways, driveways, buildings, parking and loading areas and their relation to one or more existing streets.

Site plan contents:

Plan name, property boundaries, true North point, date, scale, and zoning district, along with any zoning district boundaries and overlay districts (i.e., aquifer protection, watershed and floodplain).

Names and addresses of present record owner(s), the applicant, and the architects, engineers and/or surveyors who prepared the plan.

Certificates and seals of the architects, engineers, and/or surveyors who prepared the plan, together with a certificate that all surveying conforms to the requirements of the Massachusetts Land Court.

Suitable space to record the action of the Planning Board and the signatures of the members of the Board on each sheet of the site plan, and the date of such signature.

Existing conditions:

Existing contours at two-foot intervals;

Significant soil types;

Water systems (including standing surface water, brooks or streams, the direction of drainage, wetlands, and the one-hundred-year flood elevation);

Trees exceeding five inches in diameter or the perimeter of heavily wooded area;

Stone walls, fences, buildings;

Rock ridges or outcroppings.

Site layout plan showing existing and proposed structures, setbacks to all property lines and structures, height and dimensions of proposed structures, and proposed grading contours.

Plan showing elevation view of structure and one or more perspective renderings indicating materials to be used and visual impact to site and neighborhood. Proposed methods and materials (screening) to minimize negative visual effects to abutting properties and neighborhood shall also be shown.

A locus plan of all land within 1,500 feet of any part of the tract and showing:

All dwellings and principal buildings;

The land use of each lot;

Lot and right-of-way;

Zoning district boundaries;

Recorded easements abutting the tract; and

Public facilities, such as conservation or recreation land, footpaths, bicycle paths, or streets.

In addition to the requirements listed above, the materials listed in this section shall also be included in a site plan approval application for ground-mounted solar photovoltaic installations within the Town of Wrentham.

Blueprints or drawings of the solar photovoltaic installation showing the proposed layout of the system;

Documentation of the major system components to be used, including the photovoltaic panels, mounting system, and inverter;

Name, address, and contact information for proposed system installer;

Name, address, and contact information for the project proponent(s);

An operation and maintenance plan;

Evidence of compliance with the Massachusetts Stormwater Standards;

Proof of liability insurance;

All plans and maps shall be prepared, stamped and signed by a professional engineer licensed to practice in Massachusetts.

The Planning Board may, in any particular case, where such action is in the public interest and not inconsistent with the intent and purpose of this bylaw, waive strict compliance with the foregoing requirements. Any such waiver shall require a written request from the applicant and majority vote of the Board.

§ 390-4.9 Registered marijuana dispensaries (RMD) and off-site medical marijuana dispensaries (OMMD).

[Added 6-11-2013 ATM; amended 6-9-2014 ATM]

Purposes.

Medical marijuana treatment centers, including off-site medical marijuana dispensaries, should be located in such a way as to ensure the health, safety, and general well-being of the public as well as patients seeking treatment. The specific and separate regulation of registered marijuana dispensaries (hereafter referred to as an "RMD") as medical marijuana treatment centers and off-site medical marijuana dispensaries (hereafter referred to as an "OMMD") facilities is necessary to advance these purposes and ensure that such facilities are not located within close proximity of minors.

Subject to the provisions of this Zoning Bylaw, Chapter 40A of the Massachusetts General Laws, and 105 CMR 725.000,[1] registered marijuana dispensaries and off-site medical marijuana dispensaries will be permitted to provide medical support, security, and physician oversight that meet or exceed state regulations as established by the Massachusetts Department of Public Health (hereafter referred to as "MDPH").

Editor's Note: See now the Cannabis Control Commission regulations in 935 CMR 500.00, 501.000 and 502.00.

Registered marijuana dispensaries may be allowed by special permit from the Wrentham Planning Board in the Medical Marijuana Special Use Overlay District as shown on the Medical Marijuana Special Use Overlay District map dated June 2014, provided the facility meets the requirements of this § 300-4.9.

Additional requirements/conditions. In addition to the standard requirements for uses requiring a special permit or site plan approval, the following shall also apply to all registered marijuana dispensaries and off-site medical marijuana dispensaries:

Use.

An RMD and an OMMD may only be involved in the uses permitted by their definitions and may not include other unrelated businesses or services.

No marijuana shall be smoked, eaten or otherwise consumed or ingested within the premises of the RMD or OMMD.

The hours of operation shall be set by the special permit granting authority, but in no event shall an RMD or OMMD be open to the public, and no sale or other distribution of marijuana shall occur upon the premises or via delivery from the premises, between the hours of 8:00 p.m. and 8:00 a.m.

An RMD that can demonstrate that it complies with the agricultural exemption under MGL c. 40A, § 3 must still apply for site plan approval.

Physical requirements.

All aspects of the use/facility relative to the acquisition, cultivation, possession, processing, sales, distribution, dispensing, or administration of marijuana, products containing marijuana, related supplies, or educational materials must take place at a fixed location within a fully enclosed building and shall not be visible from the exterior of the business.

No outside storage is permitted.

No OMMD shall have a gross floor area in excess of 2,500 square feet.

Ventilation. All RMD and OMMD facilities shall be ventilated in such a manner that no:

Pesticides, insecticides or other chemicals or products used in marijuana cultivation or processing are dispersed into the outside atmosphere; and

No odor from marijuana or its processing can be detected by a person with an unimpaired and otherwise normal sense of smell at the exterior of the medical marijuana business or at any adjoining use or property.

Signage for RMDs or OMMDs shall be limited to one wall sign not to exceed 10 square feet in area, and one on-premises freestanding sign not to exceed four square feet in area; such signs shall not be directly illuminated. Additionally, a sign not to exceed four square feet in area shall be displayed on the exterior of the RMD and OMMD entrance in plain sight of clients stating that "Registration Card issued by the MA Department of Public Health required". The required text for this sign shall be a minimum of two inches in height.

Location.

No RMD and OMMD shall be located on a parcel which is within 300 feet (to be measured in a straight line from the nearest points of each property line) of a parcel in use, as of the date this bylaw amendment was enacted, by:

A public or private elementary, junior high, middle, vocational or high school, college, junior college, university or child-care facility or any other use in which children commonly congregate in an organized, ongoing formal basis; or

Another RMD or OMMD, except that this limitation shall not apply in Industrial Zones.

No RMD or OMMD shall be located on a lot which abuts a residential use (including commercial residential uses such as hotels, motels, lodging houses) or a residential zoning district.

No RMD or OMMD shall be located inside a building containing residential units, including transient housing such as motels and dormitories.

Reporting requirements.

All special permit and site plan approval holders for an RMD or OMMD shall provide the Police Department, Fire Department, Building Commissioner/Inspector and the special permit granting authority with the names, phone numbers and email addresses of all management staff and key-holders, including a minimum of two operators or managers of the facility identified as contact persons to whom one can provide notice if there are operating problems associated with the establishment. All such contact information shall be updated as needed to keep it current and accurate.

The Building Commissioner/Inspector, Board of Health, Police Department, Fire Department and special permit granting authority (in cases where a special permit or site plan approval was granted) shall be notified in writing by an RMD or OMMD owner/operator/manager:

A minimum of 30 days prior to any change in ownership or management of that facility.

A maximum of 12 hours following discovery of a violation or potential violation of any law or any criminal or potential criminal activities or attempts of violation of any law at the RMD or OMMD.

Permitted RMDs and OMMDs shall file an annual report to and appear before the special permit granting authority no later than January 31, providing a copy of all current applicable state licenses for the facility and/or its owners and demonstrate continued compliance with the conditions of the special permit.

The owner or manager is required to respond by phone or email within 24 hours of contact by a Town official concerning their RMD or OMMD at the phone number or email address provided to the Town as the contact for the business.

Issuance/transfer/discontinuance of use.

Special permits/site plan approvals shall be issued to the RMD operator.

Special permits/site plan approvals shall be issued for a specific site/parcel.

Special permits/site plan approvals shall be nontransferable to either another RMD operator or site/parcel.

Special permits/site plan approvals shall have a term limited to the duration of the operator's ownership/control of the premises as an RMD or OMMD, and shall lapse if:

The permit holder ceases operation of the RMD; and/or

The permit holder's registration by MDPH expires or is terminated.

The permit holder shall notify the Zoning Enforcement Officer and special permit granting authority in writing within 48 hours of such lapse, cessation, discontinuance or expiration.

An RMD or OMMD shall be required to remove all material, plants equipment and other paraphernalia prior to surrendering its state registration or ceasing its operation.

Prior to the issuance of a building permit for an RMD or OMMD, the applicant is required to post with the Town Treasurer a bond or other form of financial security acceptable to said Treasurer in an amount set by the Planning Board. The amount shall be sufficient to cover the costs of the Town removing all materials, plants, equipment and other paraphernalia if the applicant fails to do so. The Building Inspector shall give the applicant 45 days' written notice in advance of taking such action. Should the applicant remove all materials, plants, equipment and other paraphernalia to the satisfaction of the Building Inspector prior to the expiration of the 45 days' written notice, said bond shall be returned to the applicant.

Application requirements. In addition to the standard application requirements for special permits and site plan approvals, such applications for an RMD or OMMD shall include the following:

The name and address of each owner of the RMD or OMMD;

A copy of its registration as an RMD from the Massachusetts Department of Public Health or documentation that demonstrates that said RMD or OMMD, and its owner/operators, qualify and are eligible to receive a certificate of registration and meet all of the requirements of a RMD in accordance with 105 CMR 725.000 of the Massachusetts Department of Public Health;[2]

Editor's Note: See now the Cannabis Control Commission regulations in 935 CMR 500.00, 501.000 and 502.00.

Evidence that the applicant has site control and right to use the site for a RMD or OMMD in the form of a deed or valid purchase and sales agreement or, in the case of a lease, a notarized statement from the property owner and a copy of the lease agreement;

A notarized statement signed by the RMD or OMMD organization's Chief Executive Officer and corporate attorney disclosing all of its designated representatives, including officers, directors, shareholders, partners, members, managers, or other similarly situated individuals and entities and their addresses. If any of the above are entities rather than persons, the applicant must disclose the identity of all such responsible individual persons of such entity;

In addition to what is normally required in a site plan, details showing all exterior proposed security measures for the RMD or OMMD, including lighting, fencing, gates and alarms, used to ensure the safety of employees and patrons and to protect the premises from theft and other criminal activity; all such details of RMD or OMMD security shall be submitted in a sealed envelope and shall be exempt from disclosure as a public record;

A detailed floor plan identifying the areas available and functional uses (including square footage); such floor plan shall be submitted in a sealed envelope and shall be exempt from disclosure as a public record;

All signage being proposed for the facility;

A traffic study to establish the RMD's or OMMD's impacts at peak demand times.

A management plan including a description of all activities to occur on site, including all provisions for the delivery of medical marijuana and related products to OMMDs or off-site direct delivery to patients; details relating to security and off-site delivery to patients shall be submitted in a sealed envelope and shall be exempt from disclosure as a public record.

Findings. In addition to the standard findings for a special permit or site plan approval, the special permit granting authority must also find all of the following:

That the RMD or OMMD is designed to minimize any adverse visual or economic impacts on abutters and other parties in interest;

That the RMD or OMMD demonstrates that it will meet all the permitting requirements of all applicable agencies within the Commonwealth of Massachusetts and will be in compliance with all applicable state laws and regulations;

That the applicant has satisfied all of the conditions and requirements of this section and other applicable sections of this bylaw;

That the RMD or OMMD project meets a demonstrated need;

That the RMD or OMMD provides adequate security measures to ensure that no individual participant will pose a direct threat to the health or safety of other individuals, and that the storage and/or location of cultivation is adequately secured; all deliberations concerning the adequacy of security shall be made during an executive session; and

That the RMD or OMMD adequately addresses issues of traffic demand, circulation flow, parking and queuing, particularly at peak periods at the facility, and its impact on neighboring uses.

§ 390-4.10 Drive-through restaurant windows.

[Added 6-8-2015 ATM]

The intent of this section of the bylaw is to recognize that this use produces unique traffic generation and visual concerns. This bylaw is intended to carefully regulate the establishment of restaurant drive-through windows to ensure a higher visual quality of development as well as safe operation of the use both on the parcel and in relation to abutting ways. The Board may waive strict compliance with any provision of this bylaw if it deems it in the public interest and determines that the intent of the bylaw has been maintained. Written record must be kept of such waivers, including the reasons for them.

All restaurant establishments with a drive-through window shall be located on a parcel containing at least four acres.

Minimum drive-through queue on site shall accommodate a minimum of 10 cars. The Planning Board shall have the right to require more than the stipulated minimum queue space if it finds that a proposed user would exceed the specified queue during peak periods.

Each queue space shall be a minimum of 20 feet in length and 10 feet in width along straight portions. Queue spaces and lanes shall be a minimum of 12 feet in width along curved segments.

Queue lines may not pass through and/or divide parking areas.

A bypass lane a minimum of 12 feet wide shall be provided. Subject to Planning Board approval, a bypass lane may not be required if the queuing lane is adjacent to a parking lot drive aisle which could function sufficiently as a bypass lane. If required, the bypass lane shall be clearly designated and distinct from the queuing area.

All buildings, parking and circulation areas shall be set back a minimum of 50 feet off the roadway. This area shall remain undisturbed except for where the Planning Board gives permission for alterations.

Landscaping and other aesthetic means shall be utilized to contain and screen the queue line.

On-site circulation plans shall carefully minimize conflicts between drive-through customers and walk-in customers as well as deliveries to the site.

For standalone businesses, a minimum fifty-foot buffer shall be maintained along all side and rear lot lines. This area shall remain undisturbed except for where the Planning Board gives permission for alterations. A larger buffer may be required in areas abutting residential uses to further reduce visual and audible impacts.

Audible electronic devices such as loudspeakers, automobile service order devices, and similar instruments shall not be located within 100 feet of any residential property line.

§ 390-4.11 Accessory dwelling units.

[Added 11-4-2019 STM by Art. 12]

Accessory dwelling units shall be permitted in all districts as noted in Article IV, Table 4.2, Use Regulation Schedule, only upon issuance of a special permit from the Zoning Board of Appeals in accordance with Article IX of the Wrentham Zoning Bylaws, and in accordance with the additional requirements specified herein.

Purpose. This bylaw has been established for the following purposes:

To expand the permitted types of housing to provide an opportunity for older persons who cannot physically or financially maintain their own home to live in homes of relatives; and

To protect the stability, property values and the single-family residential character of the neighborhood and at the same time accommodate so-called "in-law apartments"; and

To authorize the creation of such accessory dwelling units and at the same time encourage the Town to monitor conversions for code compliance.

General. An "accessory dwelling unit" shall mean a self-contained, separate housekeeping unit, complete with its own sleeping, cooking and sanitary facilities, a separate means of egress, and which shares a common wall, that is substantially contained within a single-family dwelling.

Conditions and requirements; general. In addition to the criteria contained in § 390-9.2 and all other applicable sections of this bylaw, the following standards shall also apply:

Only one accessory dwelling unit may be created within a single-family dwelling.

The owner(s) of the residence in which the accessory dwelling unit is located shall occupy one of the dwelling units.

Either the occupants of both units shall be related by blood or marriage, or one of the units shall be occupied by an individual hired to provide medical assistance, or custodial care to one or more of the individuals in the other units.

The accessory dwelling unit shall be clearly secondary in nature to the principal dwelling, and it shall not exceed 40% of the existing total residential space or 900 gross square feet in area (including additions), whichever is less.

There shall not be more than two bedrooms in the accessory dwelling unit.

The accessory dwelling unit shall be connected and accessible to the principal dwelling unit by an entrance through a common wall.

Off-street parking spaces should be available for use by the owner(s) and the occupant(s) and no more than one curb cut or driveway access shall be permitted, unless the lot already had multiple access points before the date of August 20, 2019.

If the lot is not connected by public sewer, prior to obtaining a building permit, the Board of Health shall certify that the septic system is in compliance with Title 5 of the State Environmental Code and the Board of Health's regulations.

The utilities serving the additional unit shall not be separated from the primary home.

(10)

An application for an accessory dwelling unit shall include, in addition to information required for a building permit, any information necessary to show proposed interior and exterior changes and to determine compliance with the conditions of this bylaw, including a plot plan, floor plans, and exterior building elevations for any existing facade that will be altered. To ensure compliance with the requirements of this subsection, the Board may require such plans to be prepared and stamped by qualified professionals.

(11)

The Zoning Board of Appeals may require more or other appropriate conditions in order to protect the public health and safety, and the single-family character of the neighborhood. The Board may also allow deviation from the above conditions where necessary upon a finding that such deviation will not be detrimental to the neighborhood nor the intent of this bylaw.

Conditions and requirements; exterior appearance. The accessory dwelling unit shall be designed to maintain the appearances and the essential character of a single-family dwelling with accessory structures, subject further to the following conditions and requirements:

The accessory dwelling unit shall be designed so that the appearance of the building remains that of a single-family residence. In general, any new entrances shall be located on the side or rear of the building. Any exterior change made must conform with the single-family character of the neighborhood. Where two or more entrances exist on the front facade of a dwelling, one entrance shall appear to be the principal entrance and the other entrance appear to be secondary.

Where there are more than two outdoor parking spaces, there shall be provided suitable screening with evergreen or dense deciduous plantings, walls, fences, or a combination thereof in the area between the parking spaces and the nearest lot line. Screening shall be sufficient to minimize the visual impact on abutters and to maintain the single-family character of the neighborhood.

Expanded accessory dwelling unit. In order to provide for the development of housing units for disabled and handicapped individuals and persons with limited mobility, the Zoning Board of Appeals may allow reasonable deviations from the stated conditions where necessary to install features that facilitate access and mobility for disabled persons if the following criteria are met:

The gross floor area of the apartment shall not exceed 40% of the gross floor area of the dwelling, excluding areas of the structure used for parking.

The accessory dwelling unit shall be located in the principal dwelling.

The size of the dwelling is consistent with typical nearby single-family dwellings.

Time limit.

The special permit for an accessory dwelling unit shall terminate upon the transfer of title of the property, or the permanent removal of the individual(s) for whom the permit was originally obtained, unless the Zoning Board of Appeals has approved a transfer of the special permit to the new owner.

Permanent removal from the premises of the individual(s) for whom the permit has been obtained shall nullify the permit on the date of such removal.

Provision for accessory dwelling units in existence before adoption.

Statement of intent: to ensure that accessory dwelling units or conversions in existence before the adoption of this accessory dwelling unit bylaw are in compliance with the State Building Code regulations.

Application procedure. The Zoning Board of Appeals may authorize, under a special permit and in conjunction with the Building Inspector, a use known as an accessory dwelling unit in an owner-occupied, single-family dwelling. The Board will review each existing use on a case-by-case basis to determine if the dwelling conforms to state building regulations. The applicant must follow the same procedure described in this § 390-4.11.

Wrentham City Zoning Code

ARTICLE IV

Use Regulations

§ 390-4.1 General.

Buildings and other structures shall be erected or used and premises shall be used only as set forth in the Use Regulation Schedule except as exempted by § 390-3.4 or by statute.

§ 390-4.2 Use Regulation Schedule.

Symbols employed on the Use Regulation Schedule shall mean the following:

Y	A permitted use.
SPA	A use permitted only with a valid site plan approved by the Planning Board in accordance with Article VII.
SP	A use permitted only upon granting of a special permit in accordance with Article IX.
SPA/SP	A use permitted only upon granting of a special permit in accordance with Article IX, accompanied by a site plan prepared in accordance with Article VII.
N	An excluded or prohibited use.
(PB)	Planning Board is special permit granting authority.
(ZBA)	Zoning Board of Appeals is special permit granting authority.

		R-30¹	R-43¹	R-87¹	B-1	B-2³	C-1²	C-2	C-3	CRSP	VZ-A	VZ-B
A.	Residential Uses
1.	Single detached dwelling	Y	Y	Y	N	N	N	N	N	N
2.	Double attached dwelling	SP (PB)	SP (PB)	SP (PB)	N	N	N	N	N	N
3.	Multiple attached dwelling	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	N	N	N	N	N	N
4.	Conversion of a single detached dwelling to double attached dwelling, pursuant to § 390-13.4	SP (ZBA)	SP (ZBA)	SP (ZBA)	N	N	N	N	N	N
5.	Senior living community, pursuant to § 390-13.5	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	N	N	SPA/SP (PB)	N	SPA/SP (PB)	N
8.	Accessory dwelling unit, pursuant to § 390-4.11	SP (ZBA)	SP (ZBA)	SP (ZBA)	N	N	N	N		N	SP (ZBA)	SP (ZBA)
B.	Agricultural Uses
1.	Farm, excluding a farm or piggery used for disposal of waste, garbage or renderings	Y	Y	Y	N	N	N	N	N	Y
2.	Nursery, orchard	Y	Y	Y	N	N	N	N	N	Y
3.	Sale of farm, nursery or orchard products, produce, poultry, or cattle grown and/or raised on the premises	Y	Y	Y	N	N	N	N	N	Y
4.	Pets and customary farm animals maintained without creation of a nuisance, and with the further limitations that large customary farm animals such as horses, cattle, ponies cannot be maintained on a lot of less than 43,560 square feet	Y	Y	Y	N	N	N	N	N	Y
C.	Commercial Uses
1.	A single retail store³ on a lot	N	N	N	SPA (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	N
2.	Service establishment	N	N	N	SPA (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	N
3.	Shopping center or complex of offices, businesses, or retail establishments³	N	N	N	SPA/SP^3,5 (PB)	SPA/SP^3,5 (PB)	SPA/SP ^3,5 (PB)	SPA/SP (PB)	SPA/SP (PB)	N
4.	Planned business development	N	N	N	N	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	N	N
5.	Complex of offices or other nonretail businesses	N	N	N	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	N
6.	Single or “anchor” retail operations of at least 10,000 square feet selling to the general public and/or qualified public, such as so called “warehouse” or “membership” outlets. In addition, retail outlets of at least 5,000 square feet may be sited to be complementary to one or more “anchor” stores, provided the total square footage of such complementary stores does not exceed 50% of the total retail complex.	N	N	N	N	N	SPA/SP (PB)	SPA/SP (PB)	N	N
7.	Bank	N	N	N	SPA (PB)	SPA (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	N
8.	Restaurant	N	N	N	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	N
9.	Restaurant, fast-food	N	N	N	SPA/SP (PB)	N	SPA/SP (PB)	SPA/SP (PB)	N	N
10.	Restaurant, take-out	N	N	N	SPA/SP (PB)	SPA/SP⁶ (PB)	SPA/SP (PB)	SPA/SP (PB)	N	N
11.	Hotel or motel	N	N	N	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA/SP ¹⁰	N
12.	Campground	N	N	N	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	N	N
13.	Social service agency	N	N	N	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	N	N
14.	Child-care facility, day-care center, adult day-care facility	SPA (PB)	SPA (PB)	SPA (PB)	SPA (PB)	SPA (PB)	SPA (PB)	SPA (PB)	N
15.	Family day-care home	Y	Y	Y	Y	Y	Y	Y	Y	Y
16.	Health-care facility, nursing home	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	N	N	N	N	SPA/SP (PB)	N
17.	Healthecare facility, outpatient	N	N	N	SPA (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	N
18.	Meeting place for membership organizations such as veterans and other public service groups, including function halls and any uses normally incidental thereto	N	N	N	SPA (PB)	SPA (PB)	SPA/SP (PB)	SPA/SP (PB)	N	N
19.	Business, professional, government or political campaign office	N	N	N	SPA (PB)	SPA (PB)	SPA/SP (PB)	SPA/SP (PB)	N
20.	Printing and private mail services	N	N	N	N	N	N	SPA/SPA⁴ (PB)	N	N
21.	Kennel, commercial	N	N	N	N	N	SP/SPA (PB)	SP/SPA (PB)	N	SP/SPA (PB)
22.	Kennel, private	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	N	N	N	N	N	N
23.	Greenhouse, commercial	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	N	N	N	N	N	SPA/SP (PB)
24.	Temporary storage of discarded materials or junk vehicles. Temporary storage area shall be fenced and shielded and not exceed 400 square feet.	N	N	N	SPA/SP (ZBA)	N	SPA/SP (ZBA)	SPA/SP (ZBA)	N	N
25.	Motor vehicle sales, service, repair, or service station, provided that, except for storage of school buses, rental or sales vehicles, and vehicles under repair, there will not be any exterior storage or placement of vehicles, equipment, discarded parts, tires or coin operated machines	N	N	N	SPA/SP (PB)	SPA/SP⁷ (PB)	SPA/SP (PB)	SPA/SP (PB)	N	N
26.	Country inn pursuant to § 390-4.7	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	N	N	N	N	N
27.	Registered marijuana dispensary¹¹	N	N	N	N	N	SPA/SP (PB)¹¹	N	N	N
28.	Off-site medical marijuana dispensary¹¹	N	N	N	N	N	SPA/SP (PB)¹¹	N	N	N
29.	Privately owned wastewater treatment facility (PWTF) designed and approved in accordance with 314 CMR 5.00, as amended	N	N	N	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	N
30.	Brew pub	N	N	N	SP	SP	Y	Y		N	SP	SP
31.	Brewery	N	N	N	Y	Y	Y	Y		N	N	SP
32.	Microbrewery	N	N	N	Y	Y	Y	Y		SPA	Y	Y
35.	Nanobrewery	N	N	N	Y	Y	Y	Y		SPA	SPA	Y
D.	Recreational Uses
1.	Club, country club, tennis club, golf courses	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	N	SPA/SP (PB)	N	N	SPA/SP (PB)	SPA/SP (PB)
2.	Conservation or open space area, recreation, common or park land	Y	Y	Y	SPA (PB)	SPA (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	Y
3.	Stables, public	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	N	N	N	N	N	SPA (PB)
4.	Health club or athletic club with indoor/outdoor facility	N	N	N	N	SPA/SP (PB)	N	SPA/SP⁴ (PB)	SPA/SP (PB)	N
E.	Public and Semi-Public Uses
1.	School	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	N	N	N	N	SPA (PB)	SPA (PB)
2.	Library	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA (PB)	SPA (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA (PB)	SPA/SP (PB)
3.	Government building or facility or complex of government buildings or facilities	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA (PB)	SPA (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA (PB)	SPA/SP (PB)
4.	Cemetery	Y	Y	Y	SPA (PB)	N	N	N	N	Y
5.	Church or place of religious worship, parsonage	Y	Y	Y	SPA (PB)	SPA (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA (PB)	SPA (PB)
6.	Funeral home	N	N	N	SPA (PB)	SPA (PB)	SPA/SP (PB)	SPA/SP (PB)	N	N
7.	Post office	N	N	N	SPA (PB)	SPA (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	N
8.	Public transportation terminal	N	N	N	SPA (PB)	N	SPA/SP (PB)	SPA/SP (PB)	N	N
F.	Industrial Uses
1.	Research laboratory (except those designed and intended for the development of nuclear, chemical or germ/biological weapons, or similar activities)	N	N	N	N	N	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	N
2.	Light manufacturing facility within a totally enclosed structure, including, but not limited to: printing or publishing plants, bottling works, food processors or bakeries not operated at retail, electronics industries, electroplating, light metal fabrication or finishing (excluding heavy punch presses and drop hammers), products assembled from previously processed materials such as bone, ceramic, cloth, glass, leather, metals, plastics, paper, rubber (except tires), wood (except planing mills), electric and mechanical instruments and appliances, optical goods, cosmetics, toiletries, and pharmaceutical products	N	N	N	N	N	SPA/SP (PB)	SPA/SP (PB)	N	N
3.	Construction business, heavy vehicle storage	N	N	N	N	N	SPA (PB)	SPA (PB)	N	N
4.	Warehouse and storage facility other than a facility for storage of so-called junk vehicles and other scrapped materials reprocessing	N	N	N	N	N	SPA/SP (PB)	SPA/SP (PB)	N	N
5.	Oil, coal, gas, or propane fuel business	N	N	N	N	N	SPA/SP (PB)	SPA/SP (PB)	N	N
6.	Public or municipal utility facility related solely to the control of, or transmission and/or distribution of a utility	N	N	N	N	N	SPA (PB)	SPA (PB)	N	N
7.	Planned industrial/office park (PI/OP)	N	N	N	N	N	N	SPA/SP (PB)	N	N
8.	Facilities used to generate electrical or steam or other power (for commercial purposes other than that required by the operator of said plant for on-site needs). Nothing in this subsection shall prohibit the sale of any excess power during nonpeak periods from time to time to an existing utility.	N	N	N	N	N	N	N	N	N
9.	Roof-mounted/building-mounted solar photovoltaic installation⁸	Y	Y	Y	Y	Y	Y	Y	Y	Y
10.	Ground-mounted solar photovoltaic installation⁸	N	N	N	SPA (PB)	SPA (PB)	SPA (PB)	SPA (PB)	Y	SPA (PB)
11.	Privately owned wastewater treatment facility (PWTF) designed and approved in accordance with 314 CMR 5.00, as amended	N	N	N	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	N
G.	Public/Municipal Utilities
1.	Public or municipal utility facility, but not including electricity-generating units, new utility rights-of-way, or oil, gas, or propane storage tanks in excess of 5,000 gallons	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	N	N	N	N	N	N
2.	Public or municipal utility facility, but not including generating units in excess of 10 megawatts, new rights-of-way, or oil, gas, or propane storage tanks in excess of 5,000 gallons	N	N	N	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	N	N
3.	Wireless communications facility incidental to an existing public or municipal utility facility⁹	N	N	N	N	N	N	N	N	SPA/SP (PB)
H.	Accessory Uses
1.	Enclosed wireless communication transmitter/receptor within a nonresidential building or structure	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	N
2.	Home occupation (See § 390-4.5.)	SP (ZBA)	SP (ZBA)	SP (ZBA)	N	N	N	N	N	N
3.	Home occupation: antique shop, beauty parlor, barber shop, real estate office (See § 390-4.5.)	SP (ZBA)	SP (ZBA)	SP (ZBA)	N	N	N	N	N	N
4.	Bed-and-breakfast home (See § 390-4.6.)	SPA/SP (ZBA)	SPA/SP (ZBA)	SPA/SP (ZBA)	SPA/SP (ZBA)	SPA/SP (ZBA)	SPA/SP (ZBA)	SPA/SP (ZBA)	N	N
5.	Accessory uses on the same lot, such as garages, stables, barns, tool sheds, farm buildings and enclosures, farm equipment, tennis courts, and swimming pools for personal use only	Y	Y	Y	N	N	N	N	N	Y
6.	Common driveway	SP (PB)	SP (PB)	SP (PB)	SP (PB)	SP (PB)	SP (PB)	SP (PB)	SP (PB)	SPA/SP (PB)
7.	Roof-mounted/building-mounted solar photovoltaic installation⁸	Y	Y	Y	Y	Y	Y	Y	Y	Y
8.	Ground-mounted solar photovoltaic installation⁸	SPA (PB)	SPA (PB)	SPA (PB)	SPA (PB)	SPA (PB)	SPA (PB)	SPA (PB)	SPA (PB)	SPA (PB)

Footnotes to Table
1	Uses prohibited in residential districts: junkyards, bulk storage, auto service and repair shops. (NOTE: Also refer to § 390-6.6 regarding private dumps.)
2	No use shall be allowed in the C-1 District, even if permitted in the above sections, if such use is determined by the Planning Board to be offensive, noxious, detrimental, or dangerous to the surrounding areas of the Town by reason of dust, smoke, odor, noise, vibration, light, traffic, hours and/or methods of operation or other adverse effect.
3	Provided that the gross floor area (GFA) of any building is not greater than 15,000 square feet in a B-1 District, not greater than 25,000 square feet in B-2 District, not greater than 50,000 square feet in a C-3 District, and not greater than 25,000 square feet in a C-1 District, except as approved by the Planning Board within a planned business development (PBD) pursuant to § 390-4.2 and as stated in accordance with the following:
	a. The GFA of any building allowed in a PBD shall not exceed 95,000 square feet.
4	Permitted in a planned industrial office park with a special permit and approved site plan.
5	No parking lot or other impervious surfaces other than vehicular ingress and egress driveways shall be located closer than 50 feet to any property line; and such fifty-foot buffer zone shall be either retained in a natural state or landscaped, as required by the Planning Board. Said buffer zones may, however, be reduced by means of a special permit granted by the Planning Board involving only those uses within a PBD. These reductions may be authorized in consideration of such distinct features as shared parking, lots, internal and common driveways as well as the distance of a lot from the travel surface within an adjoining public way as compared to other lots within the same zoning district. However, in no case shall the buffer zone be reduced along the boundary of any adjoining lot within a Residential Zoning District as required under §390-6.10. In addition, drainage storage, retention or detention facilities may occupy no greater than 25% of a reduced buffer zone and only if such facilities would be located within that portion of the buffer zone furthest from a property line.
6	Any and all drive-up windows are not allowed, except in compliance with § 390-4.10.
7	Provided no other uses within the same classification are within 600 feet as measured between the subject lots.
8	Solar photovoltaic installations are subject to the requirements of § 390-4.8.
9	A wireless communications facility shall be deemed incidental to an existing public or municipal utility facility if the area devoted to the wireless communication facility constitutes less than 5% of the lot area assigned to the existing public or municipal facility use.
10	Hotels, but not motels, are permitted in a C-3 Zoning District. A hotel may include additional facilities and services, such as restaurants, meeting rooms, entertainment, and personal services, which shall be attached to the hotel building. Limited outdoor recreation facilities accessory to, and associated with, the hotel may be permitted by the SPGA.
11	RMDs and OMMDs permitted in Medical Marijuana Special Use Overlay District only.

§ 390-4.3 Accessory uses.

§ 390-4.4 Substantial change of use.

A substantial change of use occurs when:

The change is from one principal use category to another (i.e., use classifications that are on different lines in § 390-4.2);

A change in ownership or management of an establishment conducted as a principal use, and not resulting in any of the changes listed above, is not considered a substantial change in use.

§ 390-4.5 Home occupations.

The gross floor area that may be used to conduct a home occupation may not exceed 500 square feet.

The resident to whom the special permit is granted may not employ more than one other person at that location.

Retail sales shall not be allowed; except those items that are manufactured, crafted, or produced by the resident at the location for which the permit was granted, and antiques and the like.

Employment of any person not residing on the premises;

The posting of any exterior signs; or

Parking or storage of any motor vehicle of more than 15,000 gross vehicle weight for use in the business enterprise, or more than two vehicles of any size not for personal use.

§ 390-4.6 Bed-and-breakfast homes.

General.

No bed-and-breakfast home, new or existing, shall be operated without first being granted a special permit from the Board of Appeals and a certificate of occupancy from the Building Inspector.

Within one dwelling unit there shall be a maximum of three bedrooms which are rented.

Food for a fee may be served only to overnight guests.

Length of stay shall not exceed seven nights within a thirty-day time period.

No signs beyond those allowed by Article XVIII of this bylaw shall be permitted.

All stairways to upper stories shall be enclosed within the exterior walls of the dwelling.

Subsequent changes after the operation is underway shall be permitted only upon an approved site plan by the Board of Appeals.

The architectural character of a single residence shall be maintained.

There shall be one parking space provided for each bed-and-breakfast unit.

Newly created parking spaces may be located only in the rear and side yard; however, not within the minimum rear or side setback areas.

Procedures. Each application for a special permit plan shall be accompanied by:

Floor plans, drawn to scale, of the dwelling, showing each of the bed-and-breakfast units to be designated and the access to, and egress from, each such unit.

An off-street parking plan.

§ 390-4.7 Country inns.

[Added 4-28-2003]

The architectural character of the historic building will be maintained;

The country inn shall be for transient lodging only (length of stay not to exceed 14 nights within a thirty-day period);

The portion of the building dedicated to restaurant use, exclusive of storage and kitchen areas, shall not exceed 20% of the net floor area of the building; and

§ 390-4.8 Solar photovoltaic installations.

[Added 6-11-2013 ATM]

[Amended 11-14-2016 STM]

General requirements.

The installer of photovoltaic power panels must submit plans to the Fire Department and Building Department for review prior to construction.

Residential systems.

Residential systems shall not be mounted within one foot of the ridge of a peaked roof that exceeds a 2-12 pitch.

Commercial systems.

Ground-mounted solar photovoltaic installations, as provided for in § 390-4.2, Use Regulations Schedule, of this bylaw, may be installed, subject to the following development standards:

Development regulations.

Dimensional requirements.

Residential:

Front: Ground-mounted solar photovoltaic installations shall not be installed in the front yard setback.

Side and rear: Ten-foot setback from side and rear lot lines.

Height: The maximum height for a ground-mounted installation shall be 15 feet.

Nonresidential:

Side and rear: Ten-foot setback from side and rear lot lines.

Height: The maximum height for a ground-mounted system shall be 15 feet, except that elevated installations over parking spaces shall have a maximum height of 18.5 feet.

Installation. All solar photovoltaic installations shall be permanently structurally mounted on the ground or on a building.

Site plan approval.

Submission requirements. The following shall be submitted to the Planning Board in support of a proposed solar photovoltaic installation project:

Site plan contents:

Names and addresses of present record owner(s), the applicant, and the architects, engineers and/or surveyors who prepared the plan.

Suitable space to record the action of the Planning Board and the signatures of the members of the Board on each sheet of the site plan, and the date of such signature.

Existing conditions:

Existing contours at two-foot intervals;

Significant soil types;

Water systems (including standing surface water, brooks or streams, the direction of drainage, wetlands, and the one-hundred-year flood elevation);

Trees exceeding five inches in diameter or the perimeter of heavily wooded area;

Stone walls, fences, buildings;

Rock ridges or outcroppings.

Site layout plan showing existing and proposed structures, setbacks to all property lines and structures, height and dimensions of proposed structures, and proposed grading contours.

A locus plan of all land within 1,500 feet of any part of the tract and showing:

All dwellings and principal buildings;

The land use of each lot;

Lot and right-of-way;

Zoning district boundaries;

Recorded easements abutting the tract; and

Public facilities, such as conservation or recreation land, footpaths, bicycle paths, or streets.

Blueprints or drawings of the solar photovoltaic installation showing the proposed layout of the system;

Documentation of the major system components to be used, including the photovoltaic panels, mounting system, and inverter;

Name, address, and contact information for proposed system installer;

Name, address, and contact information for the project proponent(s);

An operation and maintenance plan;

Evidence of compliance with the Massachusetts Stormwater Standards;

Proof of liability insurance;

All plans and maps shall be prepared, stamped and signed by a professional engineer licensed to practice in Massachusetts.

§ 390-4.9 Registered marijuana dispensaries (RMD) and off-site medical marijuana dispensaries (OMMD).

[Added 6-11-2013 ATM; amended 6-9-2014 ATM]

Purposes.

Editor's Note: See now the Cannabis Control Commission regulations in 935 CMR 500.00, 501.000 and 502.00.

Use.

An RMD and an OMMD may only be involved in the uses permitted by their definitions and may not include other unrelated businesses or services.

No marijuana shall be smoked, eaten or otherwise consumed or ingested within the premises of the RMD or OMMD.

An RMD that can demonstrate that it complies with the agricultural exemption under MGL c. 40A, § 3 must still apply for site plan approval.

Physical requirements.

No outside storage is permitted.

No OMMD shall have a gross floor area in excess of 2,500 square feet.

Ventilation. All RMD and OMMD facilities shall be ventilated in such a manner that no:

Pesticides, insecticides or other chemicals or products used in marijuana cultivation or processing are dispersed into the outside atmosphere; and

Location.

Another RMD or OMMD, except that this limitation shall not apply in Industrial Zones.

No RMD or OMMD shall be located on a lot which abuts a residential use (including commercial residential uses such as hotels, motels, lodging houses) or a residential zoning district.

No RMD or OMMD shall be located inside a building containing residential units, including transient housing such as motels and dormitories.

Reporting requirements.

A minimum of 30 days prior to any change in ownership or management of that facility.

A maximum of 12 hours following discovery of a violation or potential violation of any law or any criminal or potential criminal activities or attempts of violation of any law at the RMD or OMMD.

Issuance/transfer/discontinuance of use.

Special permits/site plan approvals shall be issued to the RMD operator.

Special permits/site plan approvals shall be issued for a specific site/parcel.

Special permits/site plan approvals shall be nontransferable to either another RMD operator or site/parcel.

Special permits/site plan approvals shall have a term limited to the duration of the operator's ownership/control of the premises as an RMD or OMMD, and shall lapse if:

The permit holder ceases operation of the RMD; and/or

The permit holder's registration by MDPH expires or is terminated.

The permit holder shall notify the Zoning Enforcement Officer and special permit granting authority in writing within 48 hours of such lapse, cessation, discontinuance or expiration.

An RMD or OMMD shall be required to remove all material, plants equipment and other paraphernalia prior to surrendering its state registration or ceasing its operation.

Application requirements. In addition to the standard application requirements for special permits and site plan approvals, such applications for an RMD or OMMD shall include the following:

The name and address of each owner of the RMD or OMMD;

Editor's Note: See now the Cannabis Control Commission regulations in 935 CMR 500.00, 501.000 and 502.00.

All signage being proposed for the facility;

A traffic study to establish the RMD's or OMMD's impacts at peak demand times.

Findings. In addition to the standard findings for a special permit or site plan approval, the special permit granting authority must also find all of the following:

That the RMD or OMMD is designed to minimize any adverse visual or economic impacts on abutters and other parties in interest;

That the applicant has satisfied all of the conditions and requirements of this section and other applicable sections of this bylaw;

That the RMD or OMMD project meets a demonstrated need;

That the RMD or OMMD adequately addresses issues of traffic demand, circulation flow, parking and queuing, particularly at peak periods at the facility, and its impact on neighboring uses.

§ 390-4.10 Drive-through restaurant windows.

[Added 6-8-2015 ATM]

All restaurant establishments with a drive-through window shall be located on a parcel containing at least four acres.

Each queue space shall be a minimum of 20 feet in length and 10 feet in width along straight portions. Queue spaces and lanes shall be a minimum of 12 feet in width along curved segments.

Queue lines may not pass through and/or divide parking areas.

Landscaping and other aesthetic means shall be utilized to contain and screen the queue line.

On-site circulation plans shall carefully minimize conflicts between drive-through customers and walk-in customers as well as deliveries to the site.

Audible electronic devices such as loudspeakers, automobile service order devices, and similar instruments shall not be located within 100 feet of any residential property line.

§ 390-4.11 Accessory dwelling units.

[Added 11-4-2019 STM by Art. 12]

Purpose. This bylaw has been established for the following purposes:

To expand the permitted types of housing to provide an opportunity for older persons who cannot physically or financially maintain their own home to live in homes of relatives; and

To protect the stability, property values and the single-family residential character of the neighborhood and at the same time accommodate so-called "in-law apartments"; and

To authorize the creation of such accessory dwelling units and at the same time encourage the Town to monitor conversions for code compliance.

Conditions and requirements; general. In addition to the criteria contained in § 390-9.2 and all other applicable sections of this bylaw, the following standards shall also apply:

Only one accessory dwelling unit may be created within a single-family dwelling.

The owner(s) of the residence in which the accessory dwelling unit is located shall occupy one of the dwelling units.

There shall not be more than two bedrooms in the accessory dwelling unit.

The accessory dwelling unit shall be connected and accessible to the principal dwelling unit by an entrance through a common wall.

The utilities serving the additional unit shall not be separated from the primary home.

The gross floor area of the apartment shall not exceed 40% of the gross floor area of the dwelling, excluding areas of the structure used for parking.

The accessory dwelling unit shall be located in the principal dwelling.

The size of the dwelling is consistent with typical nearby single-family dwellings.

Time limit.

Permanent removal from the premises of the individual(s) for whom the permit has been obtained shall nullify the permit on the date of such removal.

Provision for accessory dwelling units in existence before adoption.

Wrentham City Zoning Code

ARTICLE IV

Use Regulations

§ 390-4.1 General.

Buildings and other structures shall be erected or used and premises shall be used only as set forth in the Use Regulation Schedule except as exempted by § 390-3.4 or by statute.

§ 390-4.2 Use Regulation Schedule.

Symbols employed on the Use Regulation Schedule shall mean the following:

Y	A permitted use.
SPA	A use permitted only with a valid site plan approved by the Planning Board in accordance with Article VII.
SP	A use permitted only upon granting of a special permit in accordance with Article IX.
SPA/SP	A use permitted only upon granting of a special permit in accordance with Article IX, accompanied by a site plan prepared in accordance with Article VII.
N	An excluded or prohibited use.
(PB)	Planning Board is special permit granting authority.
(ZBA)	Zoning Board of Appeals is special permit granting authority.

		R-30¹	R-43¹	R-87¹	B-1	B-2³	C-1²	C-2	C-3	CRSP	VZ-A	VZ-B
A.	Residential Uses
1.	Single detached dwelling	Y	Y	Y	N	N	N	N	N	N
2.	Double attached dwelling	SP (PB)	SP (PB)	SP (PB)	N	N	N	N	N	N
3.	Multiple attached dwelling	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	N	N	N	N	N	N
4.	Conversion of a single detached dwelling to double attached dwelling, pursuant to § 390-13.4	SP (ZBA)	SP (ZBA)	SP (ZBA)	N	N	N	N	N	N
5.	Senior living community, pursuant to § 390-13.5	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	N	N	SPA/SP (PB)	N	SPA/SP (PB)	N
8.	Accessory dwelling unit, pursuant to § 390-4.11	SP (ZBA)	SP (ZBA)	SP (ZBA)	N	N	N	N		N	SP (ZBA)	SP (ZBA)
B.	Agricultural Uses
1.	Farm, excluding a farm or piggery used for disposal of waste, garbage or renderings	Y	Y	Y	N	N	N	N	N	Y
2.	Nursery, orchard	Y	Y	Y	N	N	N	N	N	Y
3.	Sale of farm, nursery or orchard products, produce, poultry, or cattle grown and/or raised on the premises	Y	Y	Y	N	N	N	N	N	Y
4.	Pets and customary farm animals maintained without creation of a nuisance, and with the further limitations that large customary farm animals such as horses, cattle, ponies cannot be maintained on a lot of less than 43,560 square feet	Y	Y	Y	N	N	N	N	N	Y
C.	Commercial Uses
1.	A single retail store³ on a lot	N	N	N	SPA (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	N
2.	Service establishment	N	N	N	SPA (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	N
3.	Shopping center or complex of offices, businesses, or retail establishments³	N	N	N	SPA/SP^3,5 (PB)	SPA/SP^3,5 (PB)	SPA/SP ^3,5 (PB)	SPA/SP (PB)	SPA/SP (PB)	N
4.	Planned business development	N	N	N	N	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	N	N
5.	Complex of offices or other nonretail businesses	N	N	N	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	N
6.	Single or “anchor” retail operations of at least 10,000 square feet selling to the general public and/or qualified public, such as so called “warehouse” or “membership” outlets. In addition, retail outlets of at least 5,000 square feet may be sited to be complementary to one or more “anchor” stores, provided the total square footage of such complementary stores does not exceed 50% of the total retail complex.	N	N	N	N	N	SPA/SP (PB)	SPA/SP (PB)	N	N
7.	Bank	N	N	N	SPA (PB)	SPA (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	N
8.	Restaurant	N	N	N	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	N
9.	Restaurant, fast-food	N	N	N	SPA/SP (PB)	N	SPA/SP (PB)	SPA/SP (PB)	N	N
10.	Restaurant, take-out	N	N	N	SPA/SP (PB)	SPA/SP⁶ (PB)	SPA/SP (PB)	SPA/SP (PB)	N	N
11.	Hotel or motel	N	N	N	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA/SP ¹⁰	N
12.	Campground	N	N	N	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	N	N
13.	Social service agency	N	N	N	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	N	N
14.	Child-care facility, day-care center, adult day-care facility	SPA (PB)	SPA (PB)	SPA (PB)	SPA (PB)	SPA (PB)	SPA (PB)	SPA (PB)	N
15.	Family day-care home	Y	Y	Y	Y	Y	Y	Y	Y	Y
16.	Health-care facility, nursing home	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	N	N	N	N	SPA/SP (PB)	N
17.	Healthecare facility, outpatient	N	N	N	SPA (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	N
18.	Meeting place for membership organizations such as veterans and other public service groups, including function halls and any uses normally incidental thereto	N	N	N	SPA (PB)	SPA (PB)	SPA/SP (PB)	SPA/SP (PB)	N	N
19.	Business, professional, government or political campaign office	N	N	N	SPA (PB)	SPA (PB)	SPA/SP (PB)	SPA/SP (PB)	N
20.	Printing and private mail services	N	N	N	N	N	N	SPA/SPA⁴ (PB)	N	N
21.	Kennel, commercial	N	N	N	N	N	SP/SPA (PB)	SP/SPA (PB)	N	SP/SPA (PB)
22.	Kennel, private	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	N	N	N	N	N	N
23.	Greenhouse, commercial	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	N	N	N	N	N	SPA/SP (PB)
24.	Temporary storage of discarded materials or junk vehicles. Temporary storage area shall be fenced and shielded and not exceed 400 square feet.	N	N	N	SPA/SP (ZBA)	N	SPA/SP (ZBA)	SPA/SP (ZBA)	N	N
25.	Motor vehicle sales, service, repair, or service station, provided that, except for storage of school buses, rental or sales vehicles, and vehicles under repair, there will not be any exterior storage or placement of vehicles, equipment, discarded parts, tires or coin operated machines	N	N	N	SPA/SP (PB)	SPA/SP⁷ (PB)	SPA/SP (PB)	SPA/SP (PB)	N	N
26.	Country inn pursuant to § 390-4.7	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	N	N	N	N	N
27.	Registered marijuana dispensary¹¹	N	N	N	N	N	SPA/SP (PB)¹¹	N	N	N
28.	Off-site medical marijuana dispensary¹¹	N	N	N	N	N	SPA/SP (PB)¹¹	N	N	N
29.	Privately owned wastewater treatment facility (PWTF) designed and approved in accordance with 314 CMR 5.00, as amended	N	N	N	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	N
30.	Brew pub	N	N	N	SP	SP	Y	Y		N	SP	SP
31.	Brewery	N	N	N	Y	Y	Y	Y		N	N	SP
32.	Microbrewery	N	N	N	Y	Y	Y	Y		SPA	Y	Y
35.	Nanobrewery	N	N	N	Y	Y	Y	Y		SPA	SPA	Y
D.	Recreational Uses
1.	Club, country club, tennis club, golf courses	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	N	SPA/SP (PB)	N	N	SPA/SP (PB)	SPA/SP (PB)
2.	Conservation or open space area, recreation, common or park land	Y	Y	Y	SPA (PB)	SPA (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	Y
3.	Stables, public	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	N	N	N	N	N	SPA (PB)
4.	Health club or athletic club with indoor/outdoor facility	N	N	N	N	SPA/SP (PB)	N	SPA/SP⁴ (PB)	SPA/SP (PB)	N
E.	Public and Semi-Public Uses
1.	School	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	N	N	N	N	SPA (PB)	SPA (PB)
2.	Library	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA (PB)	SPA (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA (PB)	SPA/SP (PB)
3.	Government building or facility or complex of government buildings or facilities	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA (PB)	SPA (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA (PB)	SPA/SP (PB)
4.	Cemetery	Y	Y	Y	SPA (PB)	N	N	N	N	Y
5.	Church or place of religious worship, parsonage	Y	Y	Y	SPA (PB)	SPA (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA (PB)	SPA (PB)
6.	Funeral home	N	N	N	SPA (PB)	SPA (PB)	SPA/SP (PB)	SPA/SP (PB)	N	N
7.	Post office	N	N	N	SPA (PB)	SPA (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	N
8.	Public transportation terminal	N	N	N	SPA (PB)	N	SPA/SP (PB)	SPA/SP (PB)	N	N
F.	Industrial Uses
1.	Research laboratory (except those designed and intended for the development of nuclear, chemical or germ/biological weapons, or similar activities)	N	N	N	N	N	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	N
2.	Light manufacturing facility within a totally enclosed structure, including, but not limited to: printing or publishing plants, bottling works, food processors or bakeries not operated at retail, electronics industries, electroplating, light metal fabrication or finishing (excluding heavy punch presses and drop hammers), products assembled from previously processed materials such as bone, ceramic, cloth, glass, leather, metals, plastics, paper, rubber (except tires), wood (except planing mills), electric and mechanical instruments and appliances, optical goods, cosmetics, toiletries, and pharmaceutical products	N	N	N	N	N	SPA/SP (PB)	SPA/SP (PB)	N	N
3.	Construction business, heavy vehicle storage	N	N	N	N	N	SPA (PB)	SPA (PB)	N	N
4.	Warehouse and storage facility other than a facility for storage of so-called junk vehicles and other scrapped materials reprocessing	N	N	N	N	N	SPA/SP (PB)	SPA/SP (PB)	N	N
5.	Oil, coal, gas, or propane fuel business	N	N	N	N	N	SPA/SP (PB)	SPA/SP (PB)	N	N
6.	Public or municipal utility facility related solely to the control of, or transmission and/or distribution of a utility	N	N	N	N	N	SPA (PB)	SPA (PB)	N	N
7.	Planned industrial/office park (PI/OP)	N	N	N	N	N	N	SPA/SP (PB)	N	N
8.	Facilities used to generate electrical or steam or other power (for commercial purposes other than that required by the operator of said plant for on-site needs). Nothing in this subsection shall prohibit the sale of any excess power during nonpeak periods from time to time to an existing utility.	N	N	N	N	N	N	N	N	N
9.	Roof-mounted/building-mounted solar photovoltaic installation⁸	Y	Y	Y	Y	Y	Y	Y	Y	Y
10.	Ground-mounted solar photovoltaic installation⁸	N	N	N	SPA (PB)	SPA (PB)	SPA (PB)	SPA (PB)	Y	SPA (PB)
11.	Privately owned wastewater treatment facility (PWTF) designed and approved in accordance with 314 CMR 5.00, as amended	N	N	N	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	N
G.	Public/Municipal Utilities
1.	Public or municipal utility facility, but not including electricity-generating units, new utility rights-of-way, or oil, gas, or propane storage tanks in excess of 5,000 gallons	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	N	N	N	N	N	N
2.	Public or municipal utility facility, but not including generating units in excess of 10 megawatts, new rights-of-way, or oil, gas, or propane storage tanks in excess of 5,000 gallons	N	N	N	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	N	N
3.	Wireless communications facility incidental to an existing public or municipal utility facility⁹	N	N	N	N	N	N	N	N	SPA/SP (PB)
H.	Accessory Uses
1.	Enclosed wireless communication transmitter/receptor within a nonresidential building or structure	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	SPA/SP (PB)	N
2.	Home occupation (See § 390-4.5.)	SP (ZBA)	SP (ZBA)	SP (ZBA)	N	N	N	N	N	N
3.	Home occupation: antique shop, beauty parlor, barber shop, real estate office (See § 390-4.5.)	SP (ZBA)	SP (ZBA)	SP (ZBA)	N	N	N	N	N	N
4.	Bed-and-breakfast home (See § 390-4.6.)	SPA/SP (ZBA)	SPA/SP (ZBA)	SPA/SP (ZBA)	SPA/SP (ZBA)	SPA/SP (ZBA)	SPA/SP (ZBA)	SPA/SP (ZBA)	N	N
5.	Accessory uses on the same lot, such as garages, stables, barns, tool sheds, farm buildings and enclosures, farm equipment, tennis courts, and swimming pools for personal use only	Y	Y	Y	N	N	N	N	N	Y
6.	Common driveway	SP (PB)	SP (PB)	SP (PB)	SP (PB)	SP (PB)	SP (PB)	SP (PB)	SP (PB)	SPA/SP (PB)
7.	Roof-mounted/building-mounted solar photovoltaic installation⁸	Y	Y	Y	Y	Y	Y	Y	Y	Y
8.	Ground-mounted solar photovoltaic installation⁸	SPA (PB)	SPA (PB)	SPA (PB)	SPA (PB)	SPA (PB)	SPA (PB)	SPA (PB)	SPA (PB)	SPA (PB)

Footnotes to Table
1	Uses prohibited in residential districts: junkyards, bulk storage, auto service and repair shops. (NOTE: Also refer to § 390-6.6 regarding private dumps.)
2	No use shall be allowed in the C-1 District, even if permitted in the above sections, if such use is determined by the Planning Board to be offensive, noxious, detrimental, or dangerous to the surrounding areas of the Town by reason of dust, smoke, odor, noise, vibration, light, traffic, hours and/or methods of operation or other adverse effect.
3	Provided that the gross floor area (GFA) of any building is not greater than 15,000 square feet in a B-1 District, not greater than 25,000 square feet in B-2 District, not greater than 50,000 square feet in a C-3 District, and not greater than 25,000 square feet in a C-1 District, except as approved by the Planning Board within a planned business development (PBD) pursuant to § 390-4.2 and as stated in accordance with the following:
	a. The GFA of any building allowed in a PBD shall not exceed 95,000 square feet.
4	Permitted in a planned industrial office park with a special permit and approved site plan.
5	No parking lot or other impervious surfaces other than vehicular ingress and egress driveways shall be located closer than 50 feet to any property line; and such fifty-foot buffer zone shall be either retained in a natural state or landscaped, as required by the Planning Board. Said buffer zones may, however, be reduced by means of a special permit granted by the Planning Board involving only those uses within a PBD. These reductions may be authorized in consideration of such distinct features as shared parking, lots, internal and common driveways as well as the distance of a lot from the travel surface within an adjoining public way as compared to other lots within the same zoning district. However, in no case shall the buffer zone be reduced along the boundary of any adjoining lot within a Residential Zoning District as required under §390-6.10. In addition, drainage storage, retention or detention facilities may occupy no greater than 25% of a reduced buffer zone and only if such facilities would be located within that portion of the buffer zone furthest from a property line.
6	Any and all drive-up windows are not allowed, except in compliance with § 390-4.10.
7	Provided no other uses within the same classification are within 600 feet as measured between the subject lots.
8	Solar photovoltaic installations are subject to the requirements of § 390-4.8.
9	A wireless communications facility shall be deemed incidental to an existing public or municipal utility facility if the area devoted to the wireless communication facility constitutes less than 5% of the lot area assigned to the existing public or municipal facility use.
10	Hotels, but not motels, are permitted in a C-3 Zoning District. A hotel may include additional facilities and services, such as restaurants, meeting rooms, entertainment, and personal services, which shall be attached to the hotel building. Limited outdoor recreation facilities accessory to, and associated with, the hotel may be permitted by the SPGA.
11	RMDs and OMMDs permitted in Medical Marijuana Special Use Overlay District only.

§ 390-4.3 Accessory uses.

§ 390-4.4 Substantial change of use.

A substantial change of use occurs when:

The change is from one principal use category to another (i.e., use classifications that are on different lines in § 390-4.2);

A change in ownership or management of an establishment conducted as a principal use, and not resulting in any of the changes listed above, is not considered a substantial change in use.

§ 390-4.5 Home occupations.

The gross floor area that may be used to conduct a home occupation may not exceed 500 square feet.

The resident to whom the special permit is granted may not employ more than one other person at that location.

Retail sales shall not be allowed; except those items that are manufactured, crafted, or produced by the resident at the location for which the permit was granted, and antiques and the like.

Employment of any person not residing on the premises;

The posting of any exterior signs; or

Parking or storage of any motor vehicle of more than 15,000 gross vehicle weight for use in the business enterprise, or more than two vehicles of any size not for personal use.

§ 390-4.6 Bed-and-breakfast homes.

General.

No bed-and-breakfast home, new or existing, shall be operated without first being granted a special permit from the Board of Appeals and a certificate of occupancy from the Building Inspector.

Within one dwelling unit there shall be a maximum of three bedrooms which are rented.

Food for a fee may be served only to overnight guests.

Length of stay shall not exceed seven nights within a thirty-day time period.

No signs beyond those allowed by Article XVIII of this bylaw shall be permitted.

All stairways to upper stories shall be enclosed within the exterior walls of the dwelling.

Subsequent changes after the operation is underway shall be permitted only upon an approved site plan by the Board of Appeals.

The architectural character of a single residence shall be maintained.

There shall be one parking space provided for each bed-and-breakfast unit.

Newly created parking spaces may be located only in the rear and side yard; however, not within the minimum rear or side setback areas.

Procedures. Each application for a special permit plan shall be accompanied by:

Floor plans, drawn to scale, of the dwelling, showing each of the bed-and-breakfast units to be designated and the access to, and egress from, each such unit.

An off-street parking plan.

§ 390-4.7 Country inns.

[Added 4-28-2003]

The architectural character of the historic building will be maintained;

The country inn shall be for transient lodging only (length of stay not to exceed 14 nights within a thirty-day period);

The portion of the building dedicated to restaurant use, exclusive of storage and kitchen areas, shall not exceed 20% of the net floor area of the building; and

§ 390-4.8 Solar photovoltaic installations.

[Added 6-11-2013 ATM]

[Amended 11-14-2016 STM]

General requirements.

The installer of photovoltaic power panels must submit plans to the Fire Department and Building Department for review prior to construction.

Residential systems.

Residential systems shall not be mounted within one foot of the ridge of a peaked roof that exceeds a 2-12 pitch.

Commercial systems.

Ground-mounted solar photovoltaic installations, as provided for in § 390-4.2, Use Regulations Schedule, of this bylaw, may be installed, subject to the following development standards:

Development regulations.

Dimensional requirements.

Residential:

Front: Ground-mounted solar photovoltaic installations shall not be installed in the front yard setback.

Side and rear: Ten-foot setback from side and rear lot lines.

Height: The maximum height for a ground-mounted installation shall be 15 feet.

Nonresidential:

Side and rear: Ten-foot setback from side and rear lot lines.

Height: The maximum height for a ground-mounted system shall be 15 feet, except that elevated installations over parking spaces shall have a maximum height of 18.5 feet.

Installation. All solar photovoltaic installations shall be permanently structurally mounted on the ground or on a building.

Site plan approval.

Submission requirements. The following shall be submitted to the Planning Board in support of a proposed solar photovoltaic installation project:

Site plan contents:

Names and addresses of present record owner(s), the applicant, and the architects, engineers and/or surveyors who prepared the plan.

Suitable space to record the action of the Planning Board and the signatures of the members of the Board on each sheet of the site plan, and the date of such signature.

Existing conditions:

Existing contours at two-foot intervals;

Significant soil types;

Water systems (including standing surface water, brooks or streams, the direction of drainage, wetlands, and the one-hundred-year flood elevation);

Trees exceeding five inches in diameter or the perimeter of heavily wooded area;

Stone walls, fences, buildings;

Rock ridges or outcroppings.

Site layout plan showing existing and proposed structures, setbacks to all property lines and structures, height and dimensions of proposed structures, and proposed grading contours.

A locus plan of all land within 1,500 feet of any part of the tract and showing:

All dwellings and principal buildings;

The land use of each lot;

Lot and right-of-way;

Zoning district boundaries;

Recorded easements abutting the tract; and

Public facilities, such as conservation or recreation land, footpaths, bicycle paths, or streets.

Blueprints or drawings of the solar photovoltaic installation showing the proposed layout of the system;

Documentation of the major system components to be used, including the photovoltaic panels, mounting system, and inverter;

Name, address, and contact information for proposed system installer;

Name, address, and contact information for the project proponent(s);

An operation and maintenance plan;

Evidence of compliance with the Massachusetts Stormwater Standards;

Proof of liability insurance;

All plans and maps shall be prepared, stamped and signed by a professional engineer licensed to practice in Massachusetts.

§ 390-4.9 Registered marijuana dispensaries (RMD) and off-site medical marijuana dispensaries (OMMD).

[Added 6-11-2013 ATM; amended 6-9-2014 ATM]

Purposes.

Editor's Note: See now the Cannabis Control Commission regulations in 935 CMR 500.00, 501.000 and 502.00.

Use.

An RMD and an OMMD may only be involved in the uses permitted by their definitions and may not include other unrelated businesses or services.

No marijuana shall be smoked, eaten or otherwise consumed or ingested within the premises of the RMD or OMMD.

An RMD that can demonstrate that it complies with the agricultural exemption under MGL c. 40A, § 3 must still apply for site plan approval.

Physical requirements.

No outside storage is permitted.

No OMMD shall have a gross floor area in excess of 2,500 square feet.

Ventilation. All RMD and OMMD facilities shall be ventilated in such a manner that no:

Pesticides, insecticides or other chemicals or products used in marijuana cultivation or processing are dispersed into the outside atmosphere; and

Location.

Another RMD or OMMD, except that this limitation shall not apply in Industrial Zones.

No RMD or OMMD shall be located on a lot which abuts a residential use (including commercial residential uses such as hotels, motels, lodging houses) or a residential zoning district.

No RMD or OMMD shall be located inside a building containing residential units, including transient housing such as motels and dormitories.

Reporting requirements.

A minimum of 30 days prior to any change in ownership or management of that facility.

A maximum of 12 hours following discovery of a violation or potential violation of any law or any criminal or potential criminal activities or attempts of violation of any law at the RMD or OMMD.

Issuance/transfer/discontinuance of use.

Special permits/site plan approvals shall be issued to the RMD operator.

Special permits/site plan approvals shall be issued for a specific site/parcel.

Special permits/site plan approvals shall be nontransferable to either another RMD operator or site/parcel.

Special permits/site plan approvals shall have a term limited to the duration of the operator's ownership/control of the premises as an RMD or OMMD, and shall lapse if:

The permit holder ceases operation of the RMD; and/or

The permit holder's registration by MDPH expires or is terminated.

The permit holder shall notify the Zoning Enforcement Officer and special permit granting authority in writing within 48 hours of such lapse, cessation, discontinuance or expiration.

An RMD or OMMD shall be required to remove all material, plants equipment and other paraphernalia prior to surrendering its state registration or ceasing its operation.

Application requirements. In addition to the standard application requirements for special permits and site plan approvals, such applications for an RMD or OMMD shall include the following:

The name and address of each owner of the RMD or OMMD;

Editor's Note: See now the Cannabis Control Commission regulations in 935 CMR 500.00, 501.000 and 502.00.

All signage being proposed for the facility;

A traffic study to establish the RMD's or OMMD's impacts at peak demand times.

Findings. In addition to the standard findings for a special permit or site plan approval, the special permit granting authority must also find all of the following:

That the RMD or OMMD is designed to minimize any adverse visual or economic impacts on abutters and other parties in interest;

That the applicant has satisfied all of the conditions and requirements of this section and other applicable sections of this bylaw;

That the RMD or OMMD project meets a demonstrated need;

That the RMD or OMMD adequately addresses issues of traffic demand, circulation flow, parking and queuing, particularly at peak periods at the facility, and its impact on neighboring uses.

§ 390-4.10 Drive-through restaurant windows.

[Added 6-8-2015 ATM]

All restaurant establishments with a drive-through window shall be located on a parcel containing at least four acres.

Each queue space shall be a minimum of 20 feet in length and 10 feet in width along straight portions. Queue spaces and lanes shall be a minimum of 12 feet in width along curved segments.

Queue lines may not pass through and/or divide parking areas.

Landscaping and other aesthetic means shall be utilized to contain and screen the queue line.

On-site circulation plans shall carefully minimize conflicts between drive-through customers and walk-in customers as well as deliveries to the site.

Audible electronic devices such as loudspeakers, automobile service order devices, and similar instruments shall not be located within 100 feet of any residential property line.

§ 390-4.11 Accessory dwelling units.

[Added 11-4-2019 STM by Art. 12]

Purpose. This bylaw has been established for the following purposes:

To expand the permitted types of housing to provide an opportunity for older persons who cannot physically or financially maintain their own home to live in homes of relatives; and

To protect the stability, property values and the single-family residential character of the neighborhood and at the same time accommodate so-called "in-law apartments"; and

To authorize the creation of such accessory dwelling units and at the same time encourage the Town to monitor conversions for code compliance.

Conditions and requirements; general. In addition to the criteria contained in § 390-9.2 and all other applicable sections of this bylaw, the following standards shall also apply:

Only one accessory dwelling unit may be created within a single-family dwelling.

The owner(s) of the residence in which the accessory dwelling unit is located shall occupy one of the dwelling units.

There shall not be more than two bedrooms in the accessory dwelling unit.

The accessory dwelling unit shall be connected and accessible to the principal dwelling unit by an entrance through a common wall.

The utilities serving the additional unit shall not be separated from the primary home.

The gross floor area of the apartment shall not exceed 40% of the gross floor area of the dwelling, excluding areas of the structure used for parking.

The accessory dwelling unit shall be located in the principal dwelling.

The size of the dwelling is consistent with typical nearby single-family dwellings.

Time limit.

Permanent removal from the premises of the individual(s) for whom the permit has been obtained shall nullify the permit on the date of such removal.

Provision for accessory dwelling units in existence before adoption.