Popular in Course
verified elite notetaker
Popular in Real Estate
This 158 page Document was uploaded by an elite notetaker on Tuesday December 22, 2015. The Document belongs to a course at a university taught by a professor in Fall. Since its upload, it has received 14 views.
Reviews for Sharon-Zoning-Bylaws----Real-Estate
Report this Material
What is Karma?
Karma is the currency of StudySoup.
You can buy or earn more Karma at anytime and redeem it for class notes, study guides, flashcards, and more!
Date Created: 12/22/15
ZONING BY▯LAWS TOWN OF SHARON, MASSACHUSETTS As Amended through May,2009 Town Meeting Information Price $10.00 SHARON ZONING BY▯LAWS – September, 2009 Table of Contents Page ARTICLE I. PURPOSE AND AUTHORITY 10 ARTICLE II. DISTRICT REGULATIONS 10 2100. Establishment of Districts 10 2110. Districts 10 2120. Zoning Map 10 2130. District Boundaries 11 2140. Divided Lots 11 2141. District Boundaries 11 2142. Municipal Boundary 11 2200. Use Regulations 12 2210. Application 12 2211. Authorization 12 2212. Special Permits 12 2213. Site Plan Approval in Certain Business Districts 12 2220. Two Classifications 12 2300. District Use Regulations 12 2310. General Residence, Single Residence, Suburban, 12 Rural and Housing Authority Districts 2311. Permitted Residential Uses 12 2312. Permitted Community Service Uses 13 2313. Other Permitted Principal Uses 13 2314. Permitted Accessory Uses 13 2315. Uses Allowed on Special Permit (from the Board of Appeals 13 except as indicated) 2316. Restrictions 15 2320. Business Districts 15 2321. Permitted Residential Uses 15 2322. Permitted Community Service Uses 15 2323. Permitted Commercial Uses 15 2324. Other Permitted Principal Uses 17 2325. Permitted Accessory Uses 17 2326. Uses and Accessory Uses Allowed on Special Permit from 17 the Board of Appeals 2327. Business District D Requirements 18 2328. Business District D Design Requirements 19 2329. Business District D Performance Standards 21 2330. Light Industrial Districts 22 2331. Permitted Industrial Uses 22 2 2332. Other Permitted Uses 23 2333. Permitted Accessory Uses 23 2334. Uses and Accessory Uses Allowed on Special Permit (from23 the Board of Appeals except as noted) 2340. Professional Districts 24 2341. Permitted Residential Uses 24 2342. Permitted Commercial Uses 24 2400. Dimensional Regulations 24 2410. General Regulations 24 2411. Conformity 24 2412. Lot Shape, Width and Frontage 24 2413. Building Locations 26 2414. Corner Visibility 26 2415. Driveways 26 2420. Rural and Suburban 2 District Requirements 26 2421. Minimum Lot Area 26 2422. Minimum Lot Width 27 2423. Coverage Limits 27 2424. Building Location 27 2425. Maximum Building Height 27 2430. Single Residence & Suburban 1 District Requirements 27 2431. Minimum Lot Area 27 2432. Minimum Lot Width 27 2433. Maximum Lot Coverage 27 2434. Building Location 27 2435. Maximum Building Height 28 2440. General Residence District Requirements 28 2441. Minimum Lot Area 28 2442. Minimum Lot Width 28 2443. Maximum Lot Coverage 28 2444. Building Location 28 2445. Building Height 29 2450. Housing Authority District Requirements 29 2451. Minimum Lot Area 29 2452. Maximum Lot Coverage 29 2453. Building Location 29 2454. Maximum Building Height 29 2460. Business Districts & Professional District Requirements29 2461. Minimum Lot Area 29 2462. Minimum Lot Frontage and Width 30 2463. Lot Coverage and Open Space 30 2464. Building Location 31 2465. Building Height 32 2466. Additional Requirements for Business District D 33 2467. Residential Buildings 33 2470. Light Industrial District Requirements 33 2471. Minimum Lot Area 33 3 2472. Minimum Lot Width 34 2473. Maximum Lot Coverage 34 2474. Minimum Landscaped Open Space Coverage 34 2475. Building Location 34 2476. Building Height 34 ARTICLE III. GENERAL REGULATIONS 34 3100. Off-Street Parking and Loading 34 3110. Business A and C and Professional District 34 Parking Requirements 3111. Number of Parking Spaces Required 34 3112. Location of Parking 35 3113. Design of Parking Spaces and Aisles 36 3114. Location and Width of Curb Cuts 36 3115. Requirements for Off Street Loading 36 3116. Maintenance of Parking and Loading Areas 37 3117. Required Landscaping 37 3120. Business B District Parking Requirements 37 3130. Light Industrial District Parking Requirements 37 3131. Number of Parking Spaces Required 37 3132. Parking Design Requirements 38 3133. Requirements for Off-Street Loading 38 3134. Loading Design Requirements 38 3140. Other Parking Requirements 38 3141. Dwelling Conversion 38 3142. Hotel or Motel 38 3143. Multi Family Development 38 3144. Site Plan Approval 38 3200. Sign Regulations 39 3300. Environmental Controls 39 3310. General Controls 39 3320. Wetland Setback 39 3321. Purpose 39 3322. Applicability 40 3323. Permitted Uses 40 3324. Prohibited Activities 41 3330. Water Supply Setback 41 3331. Purpose 41 3332. Applicability 41 3333. Permitted Uses 41 3334. Prohibited Uses 42 3340. Special Permits 42 3350. Sedimentation and Erosion 42 3360. Discharge and Storage Prohibitions 42 4 3400. Development Scheduling 43 3410. Purpose 43 3420. Permit Issuance 43 3430. Rate 43 3440. Grandfathering 43 3500. Storage of Trailers 43 ARTICLE IV. SPECIAL REGULATIONS 44 4200. Special Residential Uses 44 4210. Dwelling Conversion 44 4220. Municipal Building Conversion 44 4230. Business Districts A, B and C 45 4300. Flexible Development 45 4310. Intent and Applicability 45 4320. Application and Review Procedure 46 4330. Basic Flexible Development 46 4340. Multifamily Development 47 4341. Density and Parcel Size Requirements 47 4342. Other Requirements 47 4350. Decision Criteria 49 4351. Criteria for All Flexible Development 49 4352. Additional Criteria for Multifamily Development 50 4360. Conservation Subdivision Design (CSD) 50 4361. Purpose and Intent 50 4362. Eligibility 51 4363. Definitions 52 4364. Special Permit Required 52 4365. Design Process 54 4366. Procedures 54 4367. Basic Maximum Number of Lots, Units and Bedrooms 58 4368. Reduction of Dimensional Requirements 58 4369. Open Space Requirements 59 4370. Design Standards 60 4371. Decision of the Planning Board 62 4380. Senior Living Overlay District (Senior Living District)63 4381. Senior Living District Requirements 63 4382. Definitions 65 4383. Use Regulations 65 4384. Performance Standards 67 4385. Dimensional Regulations 67 4386. Required Off-Street Parking and Loading 69 4387. Site Plan Approval 70 4388. Consultants 77 4389. Enforcement and Implementation 77 4390. Outside Consultants 78 5 4400. Flood Hazard District 79 4410.1. Floodplain District Boundaries 79 4410.2. Base Flood Elevation 79 4410.3. Floodway Data 79 4410.4. Base Flood Elevation Data 80 4420. Regulations 80 4421. Zoning Regulations 80 4422. Encroachments of Proposed Development 80 4423. Reference to Existing State Regulations 80 4430. Exceptions 80 4440. Applicability 81 4450. Notification of Watercourse Alteration 81 4500. Water Resource Protection District 81 4510. Purpose 81 4520. Applicability 81 4521. Special Permits for Insensitive Locations 82 4530. Regulations 82 4531. Prohibited Uses and Activities 82 4532. Special Permit Uses 83 4533. Minimum Lot Area 83 4534. Storm Water Management 84 4535. Impervious Materials Coverage 84 4536. Locations Within Lots 85 4540. Special Permits in the Water Resources 85 Protection District 4541. Special Permit Granting Authority 85 4542. Submittals 85 4543. Criteria for Special Permits for Insensitive Locations 87 4544. Criteria for Special Permits not Covered by Section 454388 4550. Violations - Water Resource Protection Provisions 88 4600. Telecommunications Facilities 89 4610. Purpose 89 4615. Consistency with Federal Law 89 4618. Definitions and Word Usage 90 4619. Exempted Wireless Communications Uses 94 4620. General Requirements 94 4625. Additional Requirements 95 4627. Siting Criteria and Evaluation of Impact 97 4630. Application Process 98 4640. Additional Design Guidelines 100 4650. Special Use Permit Review 101 4660. Wireless Telecommunications Facility Moratorium 101 4661. Provision of Independent Consultants 102 4670. Monitoring and Evaluation of Compliance 102 4680. Removal Requirements 104 6 4690. Waiver 104 4695. Overlay District 105 4700. Natural Gas Custody Transfer Facilities 105 4710. Purpose 105 4720. General Requirements 105 4730. Application Process 105 4740. Special Permit Review 105 4800. Mixed Use Overlay District (MUOD) 105 4801. Purpose 106 4805. Application 106 4810. Uses 106 4815. Density 106 4820. Wastewater 106 4825. Height 107 4830. Off-Street Parking Regulations 107 4835. Minimum Lot Dimensions 107 4840. Open Space 108 4845. Affordability 108 4850. Site Plan Review 108 4855. Approval 108 4900. Sharon Commons Smart Growth Overlay District (SCSGOD) 109 4901. Purpose 109 4902. Definitions 109 4903. Overlay District 111 4904. Housing and Affordability 111 4905. Permitted and Prohibited Uses 114 4906. Density 115 4907. Dimensional Regulations 115 4908. Traffic and Pedestrian Safety 115 4909. Off-Street Parking Regulations 116 4910. Application for Plan Approval 117 4911. Procedures 119 4912. Design Standards 120 4913. Decision 120 4914. Change in Plans after Approval by PAA 121 4915. Enforcement; Appeal 122 4916. Severability 122 Appendix A 122 Appendix B 124 ARTICLE V. DEFINITIONS 134 ARTICLE VI. ADMINISTRATION AND PROCEDURE 137 7 6100. Administration 137 6110. Responsibility 137 6120. Compliance Certification 138 6130. Submittals 138 6131. Permit Issuance 138 6132. Process 138 6133. Conformance 138 6140. Penalty 139 6200. Board of Appeals 139 6210. Establishment 139 6220. Powers 139 6221. Special Permit 139 6222. Variances 139 6223. Appeals 140 6224. Withheld Building Permits 140 6225. Consultants 140 6226. Rules and Regulations 140 6230. Comprehensive Permits 140 6231. Purpose and Context 140 6232. Definitions 141 6233. Filing, Time Limits and Notice 141 6234. Consultants 142 6235. Public Hearing and Decision 143 6236. Appeals 143 6240. Design Review Committee 143 6300. Special Review Procedures 144 6310. Special Permits 144 6320 Site Plan Approval 145 6321. Approved Site Plan 146 6322. Board of Appeal 146 6323. Applicability 146 6324. Reports to the Board of Appeal 146 6325. Consultants 147 6326. Site Plan Review Submissions 147 6327. Major Site Plan Review Submissions 148 6328. Criteria 150 6329. Additional Criteria for Business District D 150 6330. Site Plan Approval in Business A & C Districts 151 6331. Purpose 152 6332. Application 152 6333. Required Site Plan Contents 152 6334. Procedures for Site Plan Review 152 6335. Site Plan Review Criteria 153 6336. Final Action 154 6337. Enforcement and Implementation 154 6340. Outside Consultants 155 8 6341. Consultants 155 6342. Review Fees 155 6343. Appeal of Selection 156 6400. Applicability 156 6410. Nonconforming Uses 156 6411. Continuance of Operation 156 6412. Structural Change, Alteration or Extension 156 6413. Restoration 157 6414. Abandonment 157 6420. Other By-Laws 157 6500. Separability 157 9 ARTICLE I. PURPOSE AND AUTHORITY It shall be the purpose of this By-Law to lessen congestion in the streets; to conserve health, to secure safety from fire, flood, panic and other dangers; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; to encourage housing for all persons of all income levels; to facilitate the adequate provision of transportation, water supply, drainage, sewerage, schools, open parks, open space and other public requirements; to conserve the value of land and buildings including the conservation of natural resources and the prevention of blight and pollution of the environment; to encourage the most appropriate use of land throughout the Town, including consideration of the recommendations of the master plan, if any, adopted by the Sharon Planning Board and the comprehensive plan, if any, of the Metropolitan Area Planning Council; and to preserve and increase amenities and to restrict, prohibit, permit or regulate the uses of wetlands and lands deemed subject to seasonal or periodic flooding, the uses of bodies of water, including water courses, and the development of the natural, scenic and aesthetic qualities of the community, under the authority of Chapter 40A, General Laws, and Article 89 of the Amendments to the Constitution. ARTICLE II. DISTRICT REGULATIONS 2100. Establishment of Districts 2110. Districts. For the purpose of this By-Law, the Town of Sharon is hereby divided into classes of districts to be known as: Rural 1 Districts Rural 2 Districts Suburban 1 Districts Suburban 2 Districts Single Residence A Districts Single Residence B Districts General Residence Districts Business Districts A Business Districts B Business Districts C Business Districts D Professional Districts Light Industrial Districts Housing Authority Districts “Overlay” Districts are also created as follows: Flood Hazard Districts Water Resource Protection Districts Senior Living Overlay District (Senior Living District) Historic Districts Sharon Commons Smart Overlay District (SCSGOD) 2120. Zoning Map. The boundaries of the districts shall be the boundary lines shown on the map accompanying this By-Law entitled “The Town of Sharon, Massachusetts Zoning Map” dated May 7, 10 2007, and bearing the signatures of the Planning Board, and filed in the office of the Town Clerk, which map is hereby made a part of this By-Law. The location of these boundary lines is further defined in Subsection 2130. Flood Hazard Districts are defined as overlay districts, comprising all areas designated Zone A, Zones A1-A5, or Zone A16 on Federal Insurance Administration (FIA) maps titled “Flood Insurance Rate Maps, Town of Sharon, Massachusetts,” effective date September 29, 1978. A “Floodway” is designated as shown on FIA maps “Flood Boundary and Floodway Maps, Town of Sharon, Massachusetts,” effective date September 29, 1978, in both cases as further specified in FIA Flood Insurance Study, Town of Sharon, March, 1978, all of which documents are on file with the Town Clerk, Planning Board and Inspector of Buildings. 2130. District Boundaries. The location of the boundary lines of the map referred to in Subsection 2120 shall be determined as follows: 2131. Where the boundary lines are within the lines of streets or ways, the centerlines of such streets or ways shall constitute the boundary lines. 2132. Where the boundary lines follow the location of property or lot lines, and the exact location of the boundary lines is not indicated by means of figures, distances or otherwise, the property or lot lines shall be boundary lines. 2133. Boundary lines located just outside of street lines shall parallel street lines, and all figures shown on the map between boundary lines and street lines are the distances in feet of boundary lines from street lines, such distances being measured at right angles to street lines unless otherwise indicated. 2134. In all cases which are not otherwise covered by the provisions of this section, the location of boundary lines shall be determined by the distances in feet, if given, from other lines on the map, or if distances are not given, then by the scale of the map. 2140. Divided Lots. 2141. District Boundaries. If a district boundary line divides any lot existing at the time such district line is adopted, the lot shall be regulated as follows: a. The less restrictive use regulations for any district in which the lot has frontage shall be applicable for thirty (30) feet into the more restrictive district, and, the applicable lot area, width, frontage, building location, coverage and height requirements shall be those of the district in which the majority of the lot’s frontage lies. b. Within Water Resource Protection Districts, that portion of the land which is in the more restrictive zone shall be governed by the use and dimensional requirements of the more restrictive zone. 2142. Municipal Boundary. If the Town line divides a lot, this By-Law shall be applied as if the entire lot were situated within Sharon. 11 2200. USE REGULATIONS 2210. Application. 2211. Authorization. No premises shall be used except as provided in Section 2300, District Use Regulations, and no building or structure or part thereof shall be erected, altered or extended, unless site plan approval therefore has been granted pursuant to Section 6320, 6330, or as permitted by Section 6400. No premises shall be used in the Senior Living District except as provided in Section 4380, and no building or structure or part thereof shall be erected, altered or extended unless site plan approval therefore has been granted pursuant to Section 4380. 2212. Special Permits. Uses authorized by Special Permit shall, where appropriate, be made subject to conditions, limitations and safeguards as provided in Section 6310. Such conditions, limitations and safeguards shall be in writing and made part of the Special Permit by the Special Permit Granting Authority. 2213. Site Plan Approval in Certain Business Districts. New construction, addition, exterior alterations or changes of use in Business Districts A, C and D requires Site Plan approval as provided in Sections 6320 and 6330. In addition, the aforesaid activities may also require Site Plan approval pursuant to Section 6323c. 2220. Two Classifications. Where an activity might be classified under more than one of the following uses, the more specific classifications shall determine permissibility; if equally specific, the more restrictive shall govern. 2300. DISTRICT USE REGULATIONS 2310. General Residence, Single Residence, Suburban, Rural and Housing Authority Districts. 2311. Permitted Residential Uses: a. Residence for a single family; b. Permanent off-premises freestanding signs” in accordance with Article 12 Sign By-Law pertaining to facilities located in Business District D but only if located in the northwest quadrant abutting the intersection of South Main Street and Old Post Road and within 160 feet of the intersection of the centerlines of South Main Street and Old Post Road. c. In Housing Authority Districts only, single or multiple residence housing complete with auxiliary buildings constructed and operated by or for a housing authority organized under Chapter 121B of the General Laws and subject to the following conditions: (1) Age of principal inhabitant of each dwelling unit is not less than sixty years; (2) Occupancy is limited to individuals or families of low income with rentals based on income in accordance with the regulations issued by the Commonwealth or Federal agency subsidizing the operation. d. In General Residence Districts only, 12 (1) Residence for two families; (2) Hotel or boarding, rooming or lodging house. 2312. Permitted Community Service Uses: a. Religious or educational purposes on land owned or leased by a public body, religious sect or denomination, or non-profit educational corporation. b. Municipal building; park, water tower or reservoir. c. Telephone exchange, provided that there is no service yard or garage. 2313. Other Permitted Principal Uses: a. Agriculture, horticulture or floriculture, including the sale of products raised on the premises only; market gardens; nurseries; greenhouses. b. Earth removal as provided by Article 12A of the General Bylaws, Sharon, Massachusetts, Stripping or Removal of Earth Materials. 2314. Permitted Accessory Uses: Such accessory purposes as are customarily incident to the foregoing purposes, and are not injurious to a neighborhood as a place of residence. However, such accessory purposes shall not include any organized business, industry, trade, manufacturing or commercial enterprise, nor the stabling or keeping of horses other than for the private use of the owners or residents of the premises. Private garage with provision for not more than three (3) motor vehicles. Except within the Water Resource Protection District, customary home occupation and the sale of the products thereof, including such occupations as dressmaking, millinery, crafts, art work, and the taking as lodgers or boarders of not more than five (5) persons not members of the family residing therein, provided for any of the above that no non-residents (other than domestic help) are employed on the premises. Except within the Water Resources Protection District, the office of a doctor, dentist, lawyer, or other professional person, or of a real estate or insurance agent; the studio of an artist, musician, photographer, or teacher of art, music or photography; provided for any of the above that no non- residents (other than domestic help) are employed on the premises. 2315. Uses Allowed on Special Permit (from the Board of Appeals except as indicated). a. Residential Uses: (1) Conversion to create one or more dwelling units, as specified at Section 4210. 13 (2) In Single Residence, Suburban and Rural Districts, municipal building conversion as specified at Section 4220 if authorized by the Board of Selectmen. (3) Flexible Development under Section 4300, including (in Suburban Districts only) multifamily developments. (4) Nursing homes. b. Community Service Uses: (1) Playground, hospital, sanitarium, religious or educational purposes other than uses specified by Subparagraph 2312(a), or other public or semi-public institution of philanthropic or charitable character, but no correctional institution. (2) Cemetery not conducted for profit. c. Other Principal Uses: (1) Animal or veterinary hospitals, kennels or similar provision for breeding dogs in a greater number than three (3), provided all structures used for housing animals are located two hundred (200’) feet from any lot line. (2) Public stable; private garage with provisions for more than three (3) motor vehicles or group garage. (3) Club, except a club which carries on a business or is in the nature of a business. (4) Natural gas custody transfer facilities or gate stations as provided in Section 4700. d. Accessory Uses: (1) Scientific use accessory to activities permitted as a matter of right, which activities are necessary in connection with scientific research or scientific development or related production, provided that the Board finds that the proposed accessory use does not substantially derogate from the public good. (2) The shop of a carpenter, electrician, machinist, paperhanger, plumber, photographer or similar artisan, resident on the premises and provided the building of said shop is not closer than fifty (50’) feet to the line of the way and not closer than twenty (20’) feet to any property line. (3) An office, studio, or home occupation as described at 2314 having up to three (3) subordinate non-resident positions accommodated on the premises. (4) In the Water Resource Protection District, home offices and occupations allowed or allowed on Special Permit in General Residence, Single Residence, Suburban, Rural and Housing Authority Districts, provided that the dwelling plus the office or business will not produce an estimated volume of sanitary sewage exceeding 4.5 gallons per 1,000 14 square foot lot area per day, as estimated under provisions of 310 CMR 15:00 Title V of the State Environmental Code. (5) Activities similar to those permitted under 2314 but not specifically included there. (6) In General Residence and Single Residence Districts, off-street parking spaces accessory to Professional District uses on Special Permit as provided for in Subsection 3112. 2316. Restrictions. All uses allowed under 2314 and 2315 are subject to the following restrictions: The business or profession must be owned and operated by a person residing on the premises. The business or profession shall occupy no more than twenty-five (25%) percent of the habitable floor area of the dwelling combined with the habitable floor area of any accessory building used in the business or profession. Off-street parking requirements of Section 3100 must be met. However, no accessory business shall be allowed which would require more than four (4) parking spaces. Parking areas shall be separated from public ways and adjoining lots by screening as described at Subsection 3117. There shall be no building alteration resulting in a non-residential character, or visible parking of commercial vehicles. No parking and no impervious surfaces other than walks and driveways shall be located within a required front yard setback. There shall be no sale of articles produced elsewhere than on the premises. There shall be no evidence of the business or profession discernible off the premises through persistent or excessive sound, or through glare, vibration, heat, humidity, smell, smoke, dust or other particulates, exterior storage or display, or other discernible effects. 2320. Business Districts. 2321. Permitted Residential Uses: In Business Districts A, B, and C, residence for one or two families. 2322. Permitted Community Service Uses: Municipal building, religious or educational uses non-profit civic or religious service organizations. Post office; telephone exchange, provided that there is no service yard or garage. 15 Religious or educational purposes on land owned or leased by a public body, religious sect or denomination, or non-profit educational corporation in accordance with subjects which zoning may not regulate in accordance with MGL CH 40A S 3. 2323. Permitted Commercial Uses: The following uses are permitted subject to the building floor area limitations, parking space thresholds, and performance criteria set forth herein. The uses enumerated hereinafter are permitted provided that (1) the building size does not exceed sixty thousand (60,000) sq. ft. of gross floor area in Business Districts A, B, and C and does not exceed the building floor area limits established for Business District D, (2) that the total number of parking spaces in Business Districts A, B, and C does not exceed one hundred fifty (150), and (3) that uses in Business District D comply with the requirements of Sections 2327, 2328, and 2329. Business or professional office; bank; medical or dental clinic for out-patients. Retail stores. Business services related to the type of business permitted in this district, such as duplication services, newspaper printing, medical or dental laboratories. In Business District B only, workshops of the following: carpenters, plumbers, or similar artisans primarily working on fixed household installations or cars. In Business Districts A, B and C, other craftsmen’s shops for the fabrication, alteration or maintenance of hand-portable goods and household furnishings, such as cabinet makers, upholsterers, etc., to be delivered on the premises, and further provided as follows: (1) that at least twenty-five (25) percent of the floor area of such a permitted shop is devoted to retail sales; (2) that all such work is done directly for the ultimate consumer; (3) that no motor in excess of ten (10) horsepower is used. Places for the preparation and serving of food, provided all customers on the premises are seated at tables or counters. Preparation and retail sale on the premises of food to be consumed off the premises. Personal services, such as daycare, barber, beauty shop, health or fitness club, photographer, shoe repair, tailor and funeral parlors. In Business District A and Business District B only, cleaners, laundries, laundromats, including processing on the premises, provided all such work is done directly for the consumer visiting those premises and provided further that methods of disposal of liquid or gaseous wastes are approved by the Board of Health. 16 In Business District D, the following: (1) Multiple free standing buildings on a single lot accommodating multiple principal uses permitted under Sections 2322, 2323, 2325, and 2326 provided that they comply with the objectives and requirements of Business District D as set forth in Section 2327 and with the limitations of 2466. (2) Theatre and multi-screen movie complex. (3) Hotel. (4) Illumination of parking areas pursuant to 2328. 2324. Other Permitted Principal Uses: Agriculture, horticulture or floriculture on parcels of more than five (5) acres. 2325. Permitted Accessory Uses: Such accessory purposes as are customarily incident and subordinate to the foregoing purposes, but not including: In Business Districts A, B, and C, outdoor storage or display of parts, materials or inventory. Enclosed storage of parts, materials or inventory in excess of the amounts reasonably required for work to be done on the premises or goods to be delivered on the premises. Drive-through services serving the customer while seated in a car, except for drive-through services for banks and pharmacies within Business District D and except for drive-through services authorized by Special Permit in 2326 below. Vending machines, unless placed within a building or a parking lot. 2326. Uses and Accessory Uses Allowed on Special Permit from the Board of Appeals. Buildings with gross floor area exceeding sixty thousand (60,000) sq. ft. In Business Districts A, B, and C, parking facilities exceeding one hundred fifty (150) parking spaces. In Business Districts A, B, and C, theatre, hall or other place of indoor or outdoor amusement. Clubs operated as a business. In Business Districts A, B and C, apartments over non-residential establishments as provided in Section 4230. 17 Drive-through services serving the customer while seated in a car for establishments principally serving coffee, other beverages, breakfast food, and pastries within Business district D and for banks within Business Districts A, B and C. In Business Districts A, B, and C, illumination of parking areas, or of other outdoor areas used at night, such as a skating rink, or of the exterior of buildings provided that all such illumination shall be shielded so as not to shine upon any property in a residence district. Accessory scientific use provided that the Board of Appeals finds that the proposed accessory use does not substantially derogate from the public good. Religious or educational purposes other than those specified by Subsection 2322. In Business District B only, the following: (1) Gasoline service station; automobile display room. (2) Outdoor storage and display of goods for sale, whether as a principal or accessory use, but not including second-hand goods or parts, nor bulk goods such as lumber or gravel, provided all outdoor storage and display is screened from side and rear lot lines in the manner described in Subsection 3117. (3) Storage buildings for goods to be repaired or sold at retail directly to the consumer or temporarily stored for the consumer. In Business C only, artist’s studio or art gallery. Natural gas custody transfer facilities or gate stations as provided in Section 4700. 2327. Business District D Requirements. The objective of Business District D is to promote lifestyle center development accommodating retail, office and other uses within free-standing structures reflective of traditional New England architectural style in locations where a large development area is available with suitable access to Interstate 95, impacts to neighboring residential areas can be minimized, and adverse traffic and environmental impacts can be mitigated. In connection with the creation of the Business District D and the addition of any land to the Business District D, the Board of Selectmen shall be authorized and directed to seek agreement from the owners of land located in the Business District D concerning public benefits to be provided in connection with proposed development, including without limitation the gift or dedication of land for conservation, education, flood prevention, recreation, water supply, or other public purposes. All uses and accessory uses permitted or allowed by Special Permit must conform to the objective of the District. Free standing structures shall be separated by driveways or pedestrian ways. The mass of structures and their architectural style in terms of sloped roofs, fenestration, materials, colors, finishes, lighting, and the style of public amenities such as benches and waste receptacles shall 18 reflect New England’s architectural heritage. Architectural features shall be designed to distinguish individual retail spaces within multi tenant buildings allowing users to distinguish the portion of the building utilized by individual retailers from outside the building. Nearby buildings shall have distinct but harmonious architectural elements. Buildings shall be grouped creating a density of small stores supporting pedestrian traffic. There shall be one or more public spaces with landscaping, hardscape, benches, and other amenities having the appearance of a plaza, a New England village green, or vest pocket parks along a streetscape. 2328. Business District D Design Requirements. Within Business District D, all uses shall comply with the design standards listed herein. All such standards may be waived as part of the Site Plan Review process. All buildings shall be “four sided’, i.e. finished on all sides with comparable architectural details and finishes. Loading areas and rooftop equipment shall be neatly organized and thoroughly shielded. Buildings shall be energy efficient and shall incorporate energy saving devices. Buildings including small stores shall be laid out within groups the maximum separation between buildings shall be one-hundred (100) feet in order to promote a density of small stores supporting pedestrian traffic. Where more than one group of buildings is located on a lot, the separation between groups shall be sufficient to provide distinct separation and shall include a vegetated planting strip of the maximum practicable width. Design of grading, plantings, and access shall achieve full visual separation between groups of buildings. The public open space shall have an aggregate area equal to 5 percent of the floor area of the on- site buildings. Open spaces shall have landscaping, hardscape, benches, and other amenities. Turf areas shall be irrigated; however, potable water from the Sharon water system shall not be used for irrigation. Hardscape shall consist of cement concrete, brick, granite block, cobblestone, or stone pavers. Stone or stone veneer shall be used for walls. Curbing surrounding the open space shall be vertical granite curb Type VA4. One tree shall be provided for each fifteen hundred (1,500) sq. ft. of area. Shade trees shall have a minimum caliper of three and one-half (3½) inches and coniferous trees shall have a minimum height of ten to twelve (10 to 12) feet at the time of planting. Plant materials shall be native species where practicable and shall include street trees listed in the Rules and Regulations of the Sharon Planning Board. Pedestrian scale lighting shall be provided to allow full use of the open space at night. Buildings separated by one-hundred (100) feet or less shall have distinct but harmonious architectural elements. No two such buildings shall be identical with respect to more than 3 of the following: (1) eave height, (2) length of façade, (3) roof pitch, (4) exterior finish material, (5) exterior color, and (6) door and window locations. All freestanding buildings shall be separated by pedestrian ways or driveways similar in character to village streets. Pedestrian ways separating buildings shall have a minimum width of twenty (20) feet. Paving shall be cement concrete, brick, granite block, cobblestone, or stone pavers. A minimum of one shade tree shall be planted for each fifteen hundred (1,500) sq. ft. of area within the pedestrian way. 19 Where required by code or recommended by the Fire Department, vehicle access shall be provided along pedestrian ways. Street furnishings including benches, trash receptacles shall be provided along pedestrian ways. Driveways separating buildings shall have a minimum width of forty-eight (48) feet, and shall provide two twelve (12) foot wide traveled ways, one eight (8) foot wide parking lane, and two eight (8) foot wide sidewalks. At least forty (40) percent of retail stores shall face and have access to driveways. The driveways shall accommodate vehicular traffic and parking and shall be designed with cross sections, geometry, and traffic calming measures sufficient to ensure that vehicles operate at low speed and that pedestrian access dominates vehicle use. Driveways shall have a cross section comparable to a village street with a separate traveled ways for vehicles that is edged with vertical granite curbing. Parking shall be provided along one or both sides of these driveways. Sidewalks shall be provided along both sides of driveways, shall have a minimum width of eight (8) feet, and shall be surfaced with cement concrete, paving brick, or pavers. Parallel parking shall be accommodated on at least one side of driveways. Parking areas shall be laid out in separate fields with an average size of one-hundred twenty (120) parking spaces and with a maximum size of two-hundred forty (240) parking spaces. Discrete parking fields shall be separated by landscaped areas and shall use grading, layout and other design features to provide visually distinct parking fields. Large unbroken and monotonous parking areas shall be avoided. Parking shall be setback a minimum of twenty (20) feet from property lines, forty (40) feet from on-site building entrances, fifteen (15) feet from on-site building walls not providing entrances to the general public, and seventy-five (75) feet from residential lot lines. Drive –through facilities serving customers while seated in a car shall be laid out in areas fully separated from any street, access drive, or parking aisle by raised islands with vertical faced granite curb. Separate drive-trough facilities shall be as long as practicable and as a minimum shall provide sufficient length to accommodate the 95 thpercentile queue without extending into any access drive or parking aisle. A bypass capability shall be provided throughout the entire length of the drive-through facility and all segments of the facility shall have a minimum pavement width of 20 feet. Drive-through facilities shall be designed in a manner that promotes good overall site circulation, access, and safety. Site layout shall preclude pedestrian access to the building through the drive-through facility and shall minimize conflicts between pedestrians and vehicles entering or exiting the drive-through facility. Proper signage and pavement markings shall be provided. Drive- through facilities shall be properly lighted and screened and shall minimize headlight glare on other portions of the site. Loudspeaker sound levels shall not exceed normal conversational sound levels. Where appropriate for the service provided, separate parking spaces not included in the overall parking count shall be provided to accommodate special orders and delays. Site lighting shall be designed with lower illumination levels consistent with IESNA recommended practice. Light trespass shall be limited to 0.5 foot candles at the property line and there shall be no point sources of light visible from adjacent streets and properties. Pole heights shall be limited to twenty-four (24) feet in parking areas and to sixteen (16) feet within fifty (50) feet of on-site buildings. Pole height within 500 feet of Route I-95 may be increased to 34 feet provided they are not visible from any residence. All lighting fixtures shall be dark skies compliant and shall limit upward projecting light. 20 Parking area pavements shall be a three and one-half (3½) inch thick bituminous concrete pavement with a twelve (12) inch thick gravel base. Heavy duty pavement shall be a five (5) inch thick bituminous concrete pavement with a twelve (12) inch gravel base. Heavy duty pavement shall be used in all loading areas and along truck access routes and at principal parking lot drives. Curbing shall be vertical granite type VA4 within one-hundred (100) feet of buildings and vertical granite or precast concrete curb elsewhere. On-site wastewater treatment plants require adequate funding mechanisms to provide for proper operation and maintenance and for monitoring and testing of the on-site wastewater treatment plant by the Town consistent with the requirements of the Board of Health. Any on-site sanitary sewers shall be subject to on going requirements for leak detection and repair. Buildings shall incorporate water conservation devices including low flow plumbing fixtures including ultra low flow toilets. Runoff from pedestrian areas, landscape areas, and low volume vehicular areas shall be accommodated using low impact design principals where practicable including pervious pavements, rain gardens, and other proven methods. 2329. Business District D Performance Standards. Within Business District D, all uses shall comply with the following performance standards listed herein. All such standards may be waived as part of the Site Plan Review process. Performance standards shall be evaluated for the Build Plus 5 Year Case as defined in 6327b. All roadways within 3,000 feet of the project site accommodating more than two-hundred (200) vehicle trips per hour generated by sites in the Business District D shall be improved to Collector Street Standards as set forth in the Land Subdivision Rules and Regulations of the Sharon Planning Board. Reconstruction within public ways shall be subject to approval of a 100 percent Design Submission of the Roadway Improvement Plans by a majority vote of the Board of Selectmen acting as Street Commissioners. A sketch Plan Submission, a 25 Percent Design Submission and a 100 Percent Design Submission of the Roadway Improvement Plans are required. The content of the Sketch Plan Submission shall graphically depict the location, alignment, and number of lanes for existing and proposed roadways and abutting land uses. The content of the 25 Percent Design Submission and the 100 Percent Design Submission shall conform to Mass Highway requirements. No off-site signalized intersection within the Traffic Study Area shall operate below level-of- service D (LOS D) under the Build Plus 5 Year Case as set forth in as defined in 6327b. The proponent shall provide intersection betterments including geometric and traffic control improvements for all intersections in the Traffic Study Area where “Warranted” to achieve LOS D. For unsignalized intersections not meeting MUTCD Warrants or where signalization is not permitted by the Town or agencies having jurisdiction, geometric, pavement marking, and signage improvements shall be provided to mitigate traffic impacts. On-site wastewater generation exceeding six (6) gallons per day per one-thousand (1,000) sq. ft. of lot area and on-site wastewater treatment plants treating domestic wastewater are only permitted pursuant to issuance of a Groundwater Discharge Permit by the Massachusetts Department of Environmental Protection and a Treatment Works Construction Permit by the Sharon Board of 21 Health. Within Aquifer Protection Districts groundwater shall meet or exceed Massachusetts Drinking Water Standards at the property line. Rooftop mechanical equipment shall be visually screened and acoustically buffered. Build Case day- night average sound levels caused by rooftop equipment shall not exceed fifty-five decibels (55 dBs) at the property line. 2330. Light Industrial Districts. 2331. Permitted Industrial Uses: The following are permitted, except that if the proposed building, addition or change of use results in more than sixty thousand (60,000) square feet of floor area or more than one hundred fifty (150) parking spaces, the use shall be allowed only with a Special Permit from the Board of Appeals. Assembly of electrical appliances, electrical or electronic instruments and devices, television, radio and phonograph instruments, and the assembly or manufacture of parts or components of the above product. Manufacture of machine tools or metal products, electrical machinery or equipment, medical machinery or equipment, laboratory apparatus or equipment, water purification equipment, sterilizers, and allied products; office or store machines or equipment. Machine shops, bottling works. Research, experimental, photo, motion picture, film or testing laboratory. The manufacture, compounding, assembling or treatment of articles from the following previously prepared materials: cellophane, canvas, cloth, cork, feathers, felt, fiber, fur, glass, paper, plastics, precious or semi-precious metals or stones, textiles and wood (excluding planning mills). The manufacture, compounding, processing, packaging or treatment of such products as bakery goods, candy, cosmetics, drugs, perfumes, pharmaceuticals, toiletries and food products except fish or meat products, sauerkraut, vinegar, yeast and rendering of fats and oils. The manufacture of light sheet metal products, including heating or ventilating products, ducts or equipment, cornices, eaves and the like. The manufacture of jewelry, musical instruments, clocks, watches, precision instruments, tops, sporting goods and novelties. Printing and publishing establishments. Public utilities service yards or electrical transforming stations or stations for receiving or transmitting electronically pulsated air waves. Warehousing and wholesale merchandise storage. 22 Office, financial, institutional or municipal building or establishment. Retail. Restaurants and catering. Medical and dental offices and laboratories. Medical and dental clinics for outpatients. 2332. Other Permitted Uses: Religious or educational purposes on land owned or leased by a public body, religious sect or denomination, or non-profit educational corporation. Agriculture, horticulture or floriculture. Business services supporting businesses located in the district. 2333. Permitted Accessory Uses: Such accessory purposes as are customarily incident to the foregoing purposes including the use of structures and land for showrooms for display purposes only, storage, power plants, water storage structures or reservoirs, sewage treatment plants and chimneys. 2334. Uses and Accessory Uses Allowed on Special Permit (from the Board of Appeals except as noted): Motor truck sales and service facility provided that all servicing is carried on within one or more buildings, and provided further that a Class 1 agent’s or seller’s license (as defined in G.L. Sect. 58, Ch. 140), shall be held by the user of the premises. Earth removal as specified by Article 12A of the General Bylaws, Sharon, Massachusetts, Stripping of Earth Materials. Motel or hotel provided that the following are complied with: (1) Minimum floor area per unit, not including corridors and public floor areas, shall be two hundred forty (240) square feet. (2) No motel or hotel unit floor elevation shall be located below the mean grade level of the land. (3) No more than ten (10%) percent of the public floor area (lobby, function rooms, restaurants) shall be used for accessory commercial uses such as newsstands, barber or beauty shops, vending machines, gift shops or offices other than those offices necessary to the management of the motel. 23 (4) A minimum of two hundred and fifty (250) square feet of ground area per unit shall not be covered by buildings, accessory uses, parking or impervious surfaces. Accessory scientific use, provided that the Board of Appeals finds that the proposed accessory use does not substantially derogate from the public good. Uses listed under 2331 if resulting in more than sixty thousand (60,000) square feet of floor area or more than one hundred fifty (150) parking spaces. Natural gas custody transfer facilities or gate stations as provided in Section 4700. Facilities for the sale, leasing, renting, and/or servicing of new and used automobiles, including automobile display rooms, provided that all servicing is carried on within one or more buildings, and provided further that a Class 1 agent’s or seller’s license (as defined in Chapter 140, Section 58, of the General Laws of Massachusetts) shall be held by the user of the premises. The user of the premises shall neither locate nor park any motor vehicle less than fifteen (15’) feet from any property line which abuts a residential zoning district, whether said district is located within the Town of Sharon or a contiguous town. 2340. Professional District. 2341. Permitted Residential Uses: Residence for a single family. 2342. Permitted Commercial Uses. The following use shall be allowed only by Special Permit from the Board of Appeals. Business or professional office; medical or dental clinic for out-patients only, including signs as permitted in the Business A District under the Sharon Sign By-Law. Uses Allowed by Special Permit: a. Natural gas custody transfer facilities or gate stations as provided in Section 4700. 2400. DIMENSIONAL REGULATIONS. 2410. General Regulations. 2411. Conformity. No building in any district shall be erected, altered, enlarged, extended, reconstructed, raised or moved and no lot shall be created or changed in size or shape except in conformity with the following, unless exempted by Subsection 6410 of this By-Law or by the Zoning Act, or unless the non-conformity results from the taking of a portion of the lot for a public purpose where no building is to be constructed on the portion so taken. 2412. Lot Shape, Width and Frontage. 24 Purpose: It shall be the purpose of these regulations to prevent the subdivision of properties into irregularly shaped lots which undermine the intent of the Zoning By-Laws, as well as to prevent the creation of lots which are so distorted in configuration as to be detrimental to public health, safety, welfare, convenient and harmonious development and use of the land, or future clarity of ownership and identification of property lines. (a) Lot width shall be measured at the required minimum street setback lines. Lot width shall be measured in a straight line between the intersection of the street setback line and the side lot lines. On corner lots, the lot width shall be measured from the side lot line to the intersecting street property line. (b) Each lot shall have frontage on a Street or Way, such frontage shall measure not less than two-thirds (2/3) of the required minimum lot width. Each lot shall have its primary means of access onto said Street or Way. The principal means of access for residential lots shall
Are you sure you want to buy this material for
You're already Subscribed!
Looks like you've already subscribed to StudySoup, you won't need to purchase another subscription to get this material. To access this material simply click 'View Full Document'