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ARTICLE VIII

Use Regulations

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§ 200-32. Applicability.

Except as otherwise provided in this Zoning Bylaw, no building, structure or land shall be used for a purpose other than one permitted in the district as prescribed in this article. Any use not permitted by this article shall be construed to be prohibited.

§ 200-33. Permitted uses. [Amended 10-8-1987 ATM by Art. 21, approved 11-30-1987; 4-30-1992 ATM by Art. 22, approved 8-26-1992]

In the following Table of Principal Use Regulations, the uses permitted by right in the district shall be designated by the letter "P." Those uses that may be permitted as an exception by special permit in the district, in accordance with Article VI, shall be designated by the letter "S." Uses designated "-" shall not be permitted in the district. Areas in a Floodplain District are also subject to the use regulations of the districts which it overlies and to the special provisions and conditions of ~ 200-44.

§ 200-34. Buildings in floodway. [Amended 10-8-1987 ATM by Art. 21, approved 11-30-1987; 4-30-1992 ATM by Art. 22, approved 8-26-1992]

No building shall be erected in the Floodplain District nor shall any use of land occur in the Floodplain District except in conformance with ~ 200-44 of this Zoning Bylaw.

§ 200-35. Table of Principal Use Regulations. [Amended 11-6-1978 ATM by Art. 12, approved 2-6-1979; 4-23-1979 ATM by Art. 22, approved 5-18-1979; 10-23-1980 ATM by Art. 21, approved 2-5-1981; 10-6-1983 ATM by Art. 9, approved 12-7-1983; 4-9-1984 ATM by Art. 24, approved 6-15-1984; 4-12-1984 ATM by Art. 25, approved 6-15-1984; 10-1-1984 ATM by Art. 9, approved 1-11-1985; 10-4-1984 ATM by Art. 14, approved 1-8-1985; 10-8-1987 ATM by Art. 19, approved 12-3-1987; 1-19-1988 STM by Art. 6, approved 2-2-1988; 10-17-1991 ATM by Art. 22, approved 2-4-1992]

(See ~ 200-33 for explanation of "P," "S" and "-")

Residential

	Residence	Business	Industrial
	RA RR RB	RD RE RM	LB GB IA IB IC
1. One-family detached dwelling	P P P	P P -	P - - - -
2. Multi-family dwelling containing four (4) or more dwelling units	- - -	- - S	- - - - -
3. Apartments containing three (3) or fewer independent dwelling units, owned and operated by the North Reading Housing Authority (see ~ 200-89)	S S S	S S -	- - - - -
4. Cluster residential development (see Article X)	S S S	S - -	- - - - -
5. Planned unit development (See Article XI)	- - -	S - S	S - - - -
6. Lodging house, but excluding motels, trailers, or mobile homes	- - -	- - -	S S - - -
7. Motels	- - -	- - -	- - S - -
8. Mobile home	- - -	- - -	- - - - -
9. Mobile home park	- - -	- - -	- - - - -
10. Place of divine worship	P P P	P P -	S S P P P
11. Educational purpose which is religious, sectarian, denominational or public	S S S	S S -	S S P P P
12. Educational use which is not religious, sectarian, denominational or public	- - -	- - -	S S P P P
13. Non-profit private club, civic or fraternal organization provided any sleeping rooms shall not number more than four (4)	S S S	S - -	S S - - -
14. Country club	S S S	S - -	- - - - -
15. Non-profit day camp or other non-profit camp	S S S	S - -	S - - - -
16. Cemetery, including any crematory therein	S S S	S - -	S S - - -
17. Town or non-profit outdoor recreational facility	S S S	S S -	S S S S S
18. Municipal facility golf course	S - -	- - -	- - - - -
19. Municipal facility indoor and/or outdoor recreation	S - -	- - -	- - - - -
20. Hospital, nursing home, sanitarium, or medical center	- - -	- - -	S S - - -
21. Essential services	P P P	P P -	P P P P P

Community Facilities

	Residence	Business	Industrial
	RA RR RB	RD RE RM	LB GB IA IB IC
22. Utility transmission ine, substation or similar facility or building	S S S	S S -	S S S S S
23. Government use	S S S	S S -	S S S S S
24. Place of indoor amusement, recreation or assembly	- - -	- - -	S S S S S
25. Outdoor commercial recreation or amusement facility	- - -	- - -	- S - - -
26. Inland marina	S S S	S - -	S S S S S
27. Any woodland, grassland or wetland use of land or water	P P P	P P -	P P P P P
28. Farm, including agriculture, horticulture and floriculture, subject to restriction that any dwelling house be a one-family detached dwelling	P P P	P P -	P P P P P
29. Year-round greenhouse or stand for wholesale or retail sale of agricultural or farm products	- - -	- - -	S S P P P
30. Temporary [not to exceed use for a period of six (6) months in any one (1) year] greenhouse or stand for sale of agricultural or farm products raised primarily on the same premises	S S S	S S -	S S P P P
31. Raising and keeping of livestock, horses and poultry, and only in connection with operation of a farm	S S S	S S -	S S S S S
32. The raising of swine or furbearing animals for commercial use	- - -	- - -	- - - - -

Retail, Service and

Commercial

	Residence	Business	Industrial
	RA RR RB	RD RE RM	LB GB IA IB IC
40. Establishment for retail sale of commodities except motor vehicles	- - -	- - -	S S - - -
41. Eating and drinking places where consumption is primarily intended to be within the building	- - -	- - -	S S S S S
42. Drive-in eating and drinking establishment	- - -	- - -	S S S S S
43. Mortuary, undertaking or funeral establishment	- - -	- - -	S S - - -
44. Motor vehicle, machinery or other junkyard	- - -	- - -	- - - - -
45. Establishment selling automobiles, trucks, aircraft, boats, motorcycles, trailers and other vehicles and their accessories (excluding used car lot)	- - -	- - -	- S - - -
46. Personal and consumer service establishment (excluding massage establishment)	- - -	- - -	S S - - -
47.Communications/personal wireless service facilities [Amended 10-12-2000 ATM by Art. 32, approved 3-29-2001]	S S S	S S S	S S S S S
48. Broadcasting studio	- - -	- - -	S S S S S
49. Membership club operated for profit (not a country club)	- - -	- - -	S S - - -
50. Miscellaneous professional and business offices and services including, but not limited to, medical, legal and other professional services and finance, insurance and real estate offices	- - -	- - -	S S P P P
51. Automotive repair, automobile service station, self-service gasoline service station or garage (excluding a junkyard or open storage of abandoned automobiles or other vehicles) (see also ~ 200-43)	- - -	- - -	S S - - -
52. Truck terminal or motor freight station	- - -	- - -	- - - - -
53. Commercial kennel or veterinary hospital in which all animals, fowl, or other forms of life are completely enclosed in pens or other structures	- - -	- - -	S S - - -
54. Massage establishment	- - -	- - -	- - - - -
55. Used car lot	- - -	- - -	- - - - -

Wholesale, Transportation

and Industrial

	Residence	Business	Industrial
	RA RR RB	RD RE RM	LB GB IA IB IC
60. Removal of sand, earth, gravel, or other raw material (see ~~ 200-41 and 200-87)	- - -	- - -	- - S S S
61. Processing and treating of raw materials including operations such as grading, drying, sorting, crushing grinding and milling (see ~~ 200-41 and 200-87)	- - -	- - -	- - S S S
62. Construction industry including suppliers	- - -	- - -	- S S S S
63. Manufacturing (See ~ 200-87)	- - -	- - -	- - S S S
64. Plant for packaging food products	- - -	- - -	- - S S S
65. Wholesale sale of commodities	- - -	- - -	- S P P P
66. Storage warehouse	- - -	- - -	- - P P P
67. Open storage of raw materials and finished goods	- - -	- - -	- - P P P
68. Open storage, or daytime or overnight parking of construction equipment	- - -	- - -	- - - - -
69. Printing or publishing establishment	- - -	- - -	- S P P P
70. Research offices or establishments devoted to research and development activities	- - -	- - -	- S S S S
71. Light manufacturing	- - -	- - -	- S S S S
72. Transportation services (excluding truck terminal or motor freight station)	- - -	- - -	- - S S S

Highway Business (HB): see ~ 200-39 of this Zoning Bylaw.

Industrial/Office (I/O-1): See ~ 200-40 of this Zoning Bylaw. [Added 10-5-1995 ATM by Art. 35, approved 11-22-1995]

§ 200-36. Accessory uses. [Amended 11-6-1978 ATM by Art. 12, approved 2-6-1979]

A. Uses accessory to the principal use are permitted in all districts subject to all the following restrictions:

(1) An accessory use must be customarily incidental and subordinate to the principal use;

(2) If a lot is in two (2) or more districts, the accessory use must be confined to that part of the lot where the principal use is allowable;

(3) No accessory use of a lot is permitted unless a principal use is conducted thereon;

(4) If the accessory use is neither permitted as a principal use nor allowed by special permit, the accessory use shall not be conducted for profit independent of the principal use;

(5) Walls, fences or similar enclosures shall not interfere with the safe operation of motor vehicles; and in a residence district, they shall not be more than seven (7) feet in height unless used as a retaining wall;

(6) Outside storage is permitted only if clearly necessary to the operation and conduct of the principal use;

(7) Except where the principal use is for a farm, the storage or regular daytime or overnight parking of more than one (1) commercial motor vehicle is not permitted in any residence district, and such vehicle shall not be more than one-ton rated in size;

(8) Storage of vehicles or boats in any residence district shall be within a building or not less than ten (10) feet from any boundary line of the lot; and

(9) A trailer shall not be used for dwelling or sleeping purposes except in accordance with ~ 200-88.

B. The following accessory uses are permitted only as an exception by special permit in accordance with Article VI:

(1) Home occupations (see ~ 200-42);

(2) The outside storage of vehicles or boats in any residence district less than ten (10) feet away from any boundary line of the lot;

(3) The keeping and housing of horses, livestock or fowls as defined in Massachusetts General Laws, Chapter 140, Section 136A, if authorized by the Board of Health;

(4) Accessory retail or consumer service use in a multi-family dwelling and provided that all activities are located on the first floor or basement floor levels and all materials, goods and activities in connection with said uses shall be confined completely within the building;

(5) Uses accessory to activities permitted as a matter of right, which activities are necessary in connection with scientific research or scientific development or related production, whether or not the accessory use is on the same parcel as the activity permitted as a matter of right, provided that the Zoning Board of Appeals finds that the proposed accessory use does not substantially derogate from the public good;

(6) The storage of commercial motor vehicles in a residence district not otherwise permitted in this article;

(7) Any use accessory to a principal use permitted only as an exception by special permit shall be permitted only if provided by special permit; and

(8) If a lot is located partially within a Floodplain District and partially without, accessory uses on that part of the lot which is within may be permitted as an exception, subject to the restrictions of ~ 200-44. [Amended 10-8-1987 ATM by Art. 21, approved 11-30-1987; 4-30-1992 ATM by Art. 22, approved 8-26-1992]

§ 200-37. Limitation on grant of permits.

No permit granting authority, special permit granting authority or other licensing authority shall grant a permit or license for a use of a building, structure or land which use would be in violation of this Zoning Bylaw.

§ 200-38. Aquifer Protection District. [Added 10-1-1984 ATM by Art. 12, approved 1-11-1985; amended 4-9-1987 STM by Art. 1, approved 8-24-1987; 10-8-1987 ATM by Art. 20, approved 11-27-1987; 10-5-1989 ATM by Art. 18, approved 1-8-1990; 10-5-1995 ATM by Art. 34, approved 11-22-1995]

A. Purpose. The purpose of the Aquifer Protection District is to protect the public health by preventing contamination of groundwater resources providing public water supply.

B. Definitions pertaining to an Aquifer Protection District.

(1) Aquifer Protection District Map: The Aquifer Protection District Map dated September 29, 1995, drawn by Applied Geographics, Inc.

(2) Special permit granting authority: The special permit granting authority shall be the Zoning Board of Appeals (SPGA).

(3) Aquifer Protection District Zones I, II and III: Aquifer Protection District Zones I, II and III are as defined by the Massachusetts Department of Environmental Protection in 310 CMR 22.00.

C. Establishment of districts.

(1) Overlay districts. The Aquifer Protection District is herein established as an overlay district. The Aquifer Protection District includes the Town of North Reading well fields and surrounding drainage basins. The Aquifer Protection District is described on the Aquifer Protection District Map. The Aquifer Protection District Map is hereby made a part of this Zoning Bylaw and is on file in the office of the Town Clerk.

(2) Boundary disputes. Where the bounds of the Aquifer Protection District are in dispute, as delineated on the Aquifer Protection District Map, the burden of proof shall be upon the owners of the land in question to show where they should properly be located. Resolution of boundary disputes shall be through a special permit application to the Zoning Board of Appeals. Any application for a special permit under this Subsection C shall be accompanied by documentation prepared by a person who meets the following two requirements:

(a) Is experienced in delineating hydrogeologic zones in Massachusetts; and

(b) Has one of the following credentials:

Title	Conferring Entity
Registered Professional Hydrogeologist	American Institute of Hydrology
Certified Professional Geologic Scientist	American Institute of Professional Geological Scientists
Registered Professional Engineer, Sanitary	Commonwealth of Massachusetts
Certified Ground Water Professional	Association of Ground Water Scientists & Engineers
Certified Professional Soil Scientist	American Registry of Certified Professionals in Agronomy, Crops and Soils Ltd.

(3) The Zoning Board of Appeals shall not grant a special permit under this Subsection C unless the applicant demonstrates that the provisions governing the Aquifer Protection District(s), under this ~ 200-38, may be waived without detrimental effect to groundwater quality as specified in Subsection F. Whenever an application for a special permit is filed with the Zoning Board of Appeals under this Subsection C, the Zoning Board of Appeals and the applicant s