Uses listed as a conditional use in a particular zoning district may be permitted by the planning board only after it has determined that the development proposal complies with the conditions and standards set forth below for the particular use.

Each application for a conditional use shall be accompanied by a proposed site plan showing the size and location of the lot, the location of all buildings and proposed facilities including access drives, parking areas, and all streets within 200 feet of the lot.

Professional occupations including the office of a physician, surgeon, dentist, minister, architect, engineer, attorney, optometrist, accountant, veterinarian, or similar professional person when located within his dwelling, provided that:

a. No more than one lighted name plate or professional sign not over two square feet in area shall be permitted.

b. No more than one person, not a resident of such dwelling, shall be employed in such office. The board of adjustment shall determine whether a proposed professional use is similar to the professional uses herein authorized.

The following conditions shall apply:

Yards abutting a residential district shall be increased by 10 feet.

a . No person other than members of the family residing on the premises plus one (1) outside employee shall be engaged in such occupation. The person whose occupation is being operated from the home shall reside on the premises.

b. Use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than twenty-five (25%) percent of the floor area of the principal structure on the lot shall be used in the conduct of the home occupation. Home occupations shall not be permitted in accessory structures including a garage located on the lot.

c. Such occupation may be pursued in the principal dwelling structure, but shall give no external evidence-n of non-residential use other than a small nameplate sign not to exceed one (1) square foot in size, and shall not display of products visible from the street.

d. No traffic or parking shall be generated in excess of three passenger automobiles at any one time in addition to those used by the owner or tenant, all of which must be parked off-street, in properly designated spaces. No off-street parking shall be permitted in the front yard setback or in front of a building.

e. No mechanical or electrical equipment is used that will be detectable to the normal senses or that will create electrical or radio or television interference.

f. No goods, chattels, materials, supplies or items of any kind can be delivered either to or from the premises in connection with the home occupation except in a car, station wagon, van or other four-wheel vehicle.

g. No occupation involving the general retail sale of merchandise to the public, as distinguished from the filling of prior orders for specific merchandise, shall be permitted,

h. There shall be no more than one (1) home occupation in any one (1) dwelling unit.

1. A zoning permit shall be required prior to the establishment of any home occupation.

Cemeteries shall be subject to the following conditions:

a. Any structures or service facility associated with cemetery purposes shall not be located within 100 feet of any abutting noncemetery lot lines.

b. Burial plots shall not be located within 50 feet of any existing residential lot lines.

Clubs, lodges, and fraternal organizations shall be subject to the following conditions:

a . No building, or part thereof, or any parking or loading area shall be located nearer than 25 feet to any street or lot line.

b. No alcoholic beverage license is issued or shall be used in connection therewith.

c. A 10 foot wide landscaped buffer, screen or fence shall be placed along abutting residential side or rear lot lines to screen from view the parking and/or loading zones of such conditional use.

a. Residential cluster development for single family dwellings may be applied for in accordance with the provisions of this section to modify bulk and area requirements specified in the R-1 and R-2 districts.

b. The total number of lots erected in a residential cluster development shall not exceed the maximum number of lots that can be created by subdividing the property in conformance with the area and lot requirements as set forth in the R-1 and R-2 districts, whichever is applicable. A conceptual sketch plan shall be submitted in order to establish the maximum number of lots that can be counted for clustering purposes. In computing the maximum number of lots that may be created, any proposed lot occupied by public utility easements or otherwise encumbered by steep slopes, flood hazard areas, freshwater wetlands or public utility easements to the extent that these constraints would render a proposed lot unbuildable, shall not be considered as a lot in the preparation of the sketch plan.

c. Any residential cluster development must contain a minimum of ten (10) acres. Lots may be reduced in size, provided that the land which would otherwise be required for residential lots, but which is not required under the permitted lot area reduction provisions of this subsection, shall be devoted to common open space.

d. The minimum lot frontage, lot depth and lot area may be reduced and the maximum percentage of floor area ratio (FAR) on a lot may be increased in a residential cluster development in accordance with the following provisions:

Minimum Residential Cluster Requirements

e. The common open space shall be accessible to all residents of the residential cluster. The maximum feasible number of lots shall be adjacent to the common open space, as is reasonably possible. The configuration of common open space should be so arranged that connections can be made to existing or future adjacent open spaces and to contiguous publicly-owned open space. Sections of common open space not connected to other sections of common open space shall be discouraged unless required by particular site constraints. The common open space shall maximize the sense of openness of the residential cluster when seen from public roads and other vantage points in abutting developments, if applicable.

f. A developer may apply to the Planning Board for permission to donate common open space land derived from application of a cluster technique as provided for below. Any disposition of common open space shall be subject to the requirement that the common open space will be retained and maintained for open space use in perpetuity.

1. To a homeowner's association which shall be created before homes are sold, subject to the ownership and maintenance requirements for such common open space set forth in subsection 20-5.10 of this chapter; or

2. To the town for public purposes with the consent and approval of the town council.

g. In situations where the parcel of land proposed for a residential cluster development is part of a larger tract in the same ownership, a conceptual plan of the entire tract showing how the contiguous undeveloped land could be developed shall be provided.

h. Before approving a residential cluster development, the planning board shall determine that the proposed residential cluster development meets all requirements of this chapter and the land subdivision chapter of the town and complies with certain findings as stipulated for planned developments contained in subsection 20-5.9 of this chapter.

Conversion of single family dwellings into two apartments subject to the following requirements:

a. The principal apartment shall have a minimum floor area of 1,000 square feet; the other apartment shall have a minimum floor area of 750 square feet.

b. Separate kitchen facilities and toilet facilities shall be provided for each apartment.

c. Each apartment shall be arranged so that it is a separate unit having either separate exit facilities or a separate door capable of being locked, leading to a common hall, so that there is no access from one apartment directly to the other. Each apartment shall accommodate one family only.

d. Conversion shall be permitted only if it is not necessary to alter the building, as the term is defined in section 20-4, in order to comply with the foregoing requirements.

e. On lots of 9,000 square feet, or less, no additional exterior construction shall be permitted, except that areas between projections of parts of the original dwelling may be incorporated into the building where reasonably necessary in the opinion of the planning board, for the execution of the conversion of such dwelling into dwelling apartments.

f. For the purpose of construing and applying the provisions of this subsection relating to the conversion of a large dwelling into one family dwelling apartments, a dwelling which is in existence, and which is large enough on the first and second floor to be converted into apartments in conformity with the foregoing subsections, shall be deemed to be a large dwelling. Third floor conversions shall not be permitted.

g. No dwelling shall be so converted unless in connection therewith it be placed in a reasonable state of repair and modernization, meeting town building and housing codes.

h. Minimum lot area per converted apartment shall be one-half the required mini-mum lot area for a single family dwelling in the zoning district containing the proposed conversion.

1. Adequate off-street parking shall be provided as set forth in subsection 20-8.

j. Any conversion shall not impair the character of the neighborhood, any exterior alterations shall be in keeping with the existing architecture of the structure and the appearance of the converted dwelling shall maintain that of a single family residence.

k. Any additional paved areas on a lot as a result of the conversion shall be adequately drained and properly landscaped so as not to create a nuisance to adjoining lot owners.

A group care facility is a dwelling unit housing persons unrelated by blood or marriage and operating as a group family household such as, but not by way of limitation, halfway houses, recovery homes, homes for orphans, for foster children, the elderly, battered children and women, specialized treatment facilities providing less than primary health care, intermediate care facilities, supervised apartment living, hostels or any other group of individuals not related by blood, marriage, adoption or guardianship living together as a single housekeeping unit in an intentionally structured relationship providing organization and stability. Such group care facility or family household is permitted subject to the following express conditions:

a. Any such facility shall be limited to eight such persons plus not exceeding four staff members.

b. The residence shall have at least two means of egress.

c. There shall be at least 425 square feet of open yard area, exclusive of parking areas, buffer strips,, or gardens for each inhabitant of the facility, including staff.

d . Off-street parking shall be provided on the basis of one space for each staff member and one space for each other occupant. Parking areas shall be constructed in compliance with subsection 20-8. Parking spaces shall be located at least 20 feet from any principal structure unless located in a building.

e. There shall be a buffer strip on all parcel lines except public street lines at least 15 feet in width, or 25 feet when abutting existing residential uses, which shall be landscaped so as to create a visual screen at least four feet in height at the time of planting. The planting shall be in double alternate rows so as to assure maximum privacy. Such planted buffer strip shall be maintained at all times.

f. Access shall be adequate for all emergency vehicles and there shall be a hydrant located within 600 feet of the premises.

g. Where by statute up to six persons are specifically permitted in one or more of the types of facilities specified above, the statutory number of persons shall be permitted subject, however, to compliance with paragraphs b through f of this subsection. Where by statute certain of such uses are permitted in all residential zones, they shall be subject to paragraphs b through f of this subsection.

Offices used for conducting licensed taxicab businesses shall be subject to the following regulations:

a. One off-street parking space shall be provided for each licensed taxicab.

b. Storage parking areas for taxicabs shall be suitably screened from public view at the rear and side lot lines. No taxicab storage other than one such vehicle, shall be permitted in the front yard or in front of the building used to conduct such business.

Residences above commercial establishments shall be permitted provided the following conditions are met:

a. There are no more than four apartments.

b. Such apartments comply with the minimum standards for light and ventilation and the minimum space, use and location requirements of any municipal health or housing code and/or the standards listed in section 20-7, parking regulations.

Motor vehicle service stations, motor vehicle commercial garages, motor vehicle sales and repairs, except motor vehicle wrecking yards, shall be permitted provided the following conditions are met:

a . At no time shall more than five motor vehicles which have been involved in accidents, or which are in such condition that they cannot operate under their own power, be stored, maintained or be permitted to stand upon any premises.

b. This provision, however, shall not apply to such vehicles if kept in a building, and further provided that no such vehicle or vehicles shall be stored, kept or maintained an any premises for a period of longer than 30 days, except within a building or enclosure as hereinabove provided.

c. Where a motor vehicle service station is duly licensed to provide propane gas tank refilling services, such service shall be accessory to the service station principal use. Such tank refilling activity shall be located on the lot so as not to impede safe traffic flow on the site and shall be adequately fenced and screened from abutting properties.

**Webmasters Note: The previous subsection has been added as per Ordinance No. 2003-5.

Motor vehicle body shops shall be permitted subject to the following provisions:

a. They must be accessory to either motor vehicle sales, motor vehicle repairs, service stations or commercial garages.

b. At no time shall more than five motor vehicles which have been involved in accidents, or which are in such condition that they cannot operate under their own power, be stored, maintained or be permitted to stand upon any premises.

c. This provision, however, shall not apply to such vehicles if kept in a building and further provided that no such vehicle or vehicles shall be stored, kept or maintained on any premises for a period of longer than 30 days except within a building or enclosure as hereinabove provided.

In the districts where farm and agricultural uses are permitted the following additional provisions governing their use shall apply:

a. Such uses are conducted upon a lot not less than five (5) acres in area.

b. No building or structure used for shelter or enclosure of fowl, game, horses, farm livestock, or adult dogs shall be closer to any property line than two hundred (200) feet.

c. Buildings used for the shelter of fowl of any kind shall have a maximum usable floor area of two thousand (2,000) square feet for the first ten (10) acres and five thousand (5,000) additional square feet for each additional acre.

d. one domestic horse for the personal use of the occupants of the residence may be maintained on any lot at least three (3) acres in size.

e. The display for sale of products grown or raised by the owner, tenant or lessee on a roadside stand shall only be permitted where:

1. The sale of such products are within the confines of the property upon which they have been grown or raised.

2. The place of sale or storage of any such products, whether of a permanent or temporary nature, shall not be closer than one hundred (100) feet to any side lot line.

3.. The sale of any such products shall not have a deleterious effect an adjoining properties by reason of nuisance or health hazard.

4. The sale of any such products shall also require that a suitable amount of off-street parking and loading space as required in the General Off-Street Parking section of this ordinance.

A continuing care retirement community shall meet the following conditions and standards:

a. Application. A continuing care retirement community shall be permitted as a planned development in an R-1, R-2 or R-TH zone serviced by public sewer and public water.

b. Uses Permitted. In a CCRC, the following principal uses shall be permitted: townhouses, single-family attached dwellings and multi-family units that are age-restricted as to occupancy to those residents fifty-five (55) years of age or older. These permitted uses shall be integral to the design and overall operation of the planned development. Additionally, congregate care, assisted care and nursing care facilities shall also be permitted.

c. Accessory Uses permitted. In a CCRC, the following accessory uses shall be permitted for the sole use of the residents and their guests: indoor and outdoor recreation; cultural and religious facilities; allied medical facilities, including independent medical, specialty care and treatment offices; food preparation and dining facilities; service and convenience uses, such as nursing, housekeeping, laundry and linen, barber/beauty shops, and the sale of sundries and similar convenience products. Furthermore, accessory uses and buildings customarily associated with and subordinate to permitted principal uses shall also be permitted.

d. Minimum Tract Area. Twenty (20) contiguous acres. Such area shall be developed in accordance with a master site development plan. Streets shall not be deemed to divide acreage for purposes of this requirement.

e. Maximum Gross Density. in view of its unique nature, in a planned continuing care retirement community, only age-restricted units shall be deemed dwelling units for purposes of gross density controls. Congregate care, assisted care and nursing care facilities shall be governed by floor area ratio controls. Age-restricted townhouses, attached dwellings and multi-family units in the aggregate shall not exceed eight (8) dwelling units per gross acre.

f. Minimum Tract Frontage. Four hundred (400) contiguous feet.

g. Maximum Impervious Surface. Impervious surfaces, in the aggregate, shall not cover more than forty (40%) percent of the entire planned development.

h . Congregate Care, Assisted Care, and Nursing Care Facilities Maximum Floor Area Ratio. Twenty-five (25%) percent.

1. Common Open Space. No less than fifty (50%) percent of the CCRC planned development tract shall be set aside in common open space. All environmentally constrained areas may be included in the calculation of common open space.

Active and passive recreational facilities shall be provided for the use and enjoyment of the residents of the planned development and their guests. Such active and passive recreational facilities shall constitute at least ten (10%) percent of the total required common open space.

The design and use of common open space areas shall protect the natural resources and qualities of the site, including the natural terrain, woodlands, significant views and any unique and unusual feature. Common open space other than that preserved for its natural values shall be suitably landscaped. All structures within open space areas shall be sited so as to retain their visual appeal.

j. Maximum Building Heights. No townhouse or single-family attached dwelling shall exceed thirty-five (35) feet; no multi-family unit shall exceed five (5) stories or sixty (60) feet; no congregate care, assisted care or nursing care facility shall exceed four (4) stories or fifty (50) feet.

k. Additional Design Standards..

i) Except as modified below, along all perimeter boundary lines of a CCRC, the same zoning provisions of the abutting district shall prevail with respect to the tract's yard requirements, screen planting and such other transitional features. Perimeter boundary setbacks shall be modified as follows:

a) Congregate care, assisted care, nursing care and multifamily parking lots shall be located at least one hundred (100) feet from adjacent off-site residential properties.

b) Buildings that exceed thirty-five (35) feet in height shall be set back from adjacent property line(s) at least a minimum of two (2) times the proposed building height.

ii) All utility services, electric, telephone and where desired, CATV cable, shall be installed underground.

iii) Adequate indoor social and recreational space shall be designed and equipped to meet the needs of anticipated residents. This may include hobby/craft rooms, lounge areas, meeting rooms, multi-purpose entertainment/card areas and other similar facilities.

e. off-Street Parking. For congregate care, assisted care and nursing care facilities, there shall be 0.6 spaces for each bedroom or bed as applicable. Residential dwelling units shall be provided off-street parking in accordance with the standards contained in Section 20-8 General Off-Street Parking Requirements of the-Town of Newton Zoning Code.

f. Signage. For congregate care, assisted care and nursing home facilities, signage shall be provided in accordance with standards contained in subsection 20-21.1, SIGNS, of the Town of Newton Zoning Ordinance.

**Webmasters Note: The previous section has been amended as per Amendment No. 97-11.20