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TABLE OF CONTENTS Page Nos. SECTION 1.0 - PURPOSE 1 SECTION 2.0 - DEFINITIONS 1 6 SECTION 3.0 – ESTABLISHMENT OF DISTRICTS 6 Section 3.1: Districts Section 3.2: Zoning Map 6 7 Section 3.3: Boundaries of Districts 7 Section 3.4: Lots in Two Districts Section 3.5: Intent of Districts 7 8 SECTION 4.0 – USE REGULATIONS Section 4.1: Application of Use Regulations 8 9 Section 4.2: General Requirements Section 4.2.2: Table of Uses 9 Section 4.3: Supplementary Requirements 11 Section 4.3.1: Principal Uses 11 Section 4.3.2: Accessory Uses 14 Section 4.3.3: Site Plan Review 18 Section 4.3.4: Adult Uses 22 Section 4.3.5: Commercial Communications Structures 26 Section 4.3.6: Agricultural Uses on Less than 5 Acre Parcels 27 Section 4.4: Flood Plain Overlay Districts 28 Section 4.5: Wetlands Protection District 33 Section 4.6: Mixed Use Overlay District 35 Section 4.7: Municipal Building Reuse District 39 Section 4.8: Aquifer Protection District 44 48 Section 4.9: Planned Unit Development Section 4.10 Planned Residential Development (PRD) 77 Section 4.11 Gateway Smart Growth District (the “GSGD”) 95 120 Section 4.12 Downtown Smart Growth District (the”DSGD) 134 SECTION 5.0 – INTENSITY REGULATIONS Section 5.1: General Requirements 134 135 Section 5.1.2: Table of Dimensional Controls Section 5.2: Supplementary Requirements 136 Section 5.3: Special Cases 138 Reading Zoning By-Laws Revised as of Jan 2011 Section 188.8.131.52: Table of Additional Dimensional Controls for 138 Transitional Areas 140 Section 6.0 – GENERAL PROVISIONS AFFECTING ALL DISTRICTS 140 Section 6.1: Off-Street Parking and Loading Areas Section 184.108.40.206: Off-Street Parking and Loading/Unloading Requirements 140 143 Section 6.2: Signs 145 Section 6.2.3: Signs by Zoning District Section 6.3: Nonconforming Uses, Structures and Lots 157 160 SECTION 7.0 - ADMINISTRATION Section 7.1: Permits 160 Section 7.2: Enforcement 160 161 Section 7.3: Special Permit Granting Authority Section 7.4: Board of Appeals 161 SECTION 8.0 - APPLICABILITY 162 Section 8.1: Effective Date 162 Section 8.2: Other Regulations 162 Section 8.3: Invalidity 162 162 SECTION 9.0 – ADOPTION AND AMENDMENT 163 APPENDIX A – History of the By-Law Text APPENDIX B – History of the By-Law Map 170 Reading Zoning By-Laws Revised as of Jan 2011 1.0. PURPOSE 1.1. The purposes of this Zoning By-Law include, but are not limited to, the following: a. To promote the health, safety and general welfare of the inhabitants of the Town of Reading; b. To lessen congestion in the streets; c. To conserve health; d. To secure safety from fire, flood panic, congestion and other dangers; e. To provide adequate light and air; f. To prevent over-crowding of land; g. To avoid undue concentration of population; h. To encourage housing for persons of all income levels; i. To facilitate the adequate provisions of tr ansportation, water, water supply, drainage, sewerage, schools, parks, open space and other public requirements; j. To conserve the value of land and build ings, including the conservation of natural resources and the prevention of blight and pollution of the environment; k.To encourage the most appropriate us e of land throughout the Town of Reading, including consideration of the recommendat ions of comprehensive plans adopted by Town Meeting; and l. To preserve natural conditions and historic sites and to enhance beauty and amenities. 2.0. DEFINITIONS 2.1. Words used in the presen t tense include the future; the singular number includes the plural and the plural the singular; the word “lot” includes the word “plot”. 2.2. The following terms in this By-Law shall have meanings hereby assigned to them. 2.2.1. Accessory Use : The use of a building or premises for purposes customarily incidental to a permitted principal use. 220.127.116.11. Accessory Apartment: A self-contained housing unit consisting of one or more rooms with separate kitchen and bathroom facilities incorporated within an existing building that was originally designed as a one family dwelling. 18.104.22.168. Adult Uses: The uses defined in Section 4.3.4. of these By-Laws. 2.2.2. Apartment: A dwelling arranged, intended or de signed to be occupied by more than two (2) families. 22.214.171.124. Aquifer: Geologic formation composed of rock, sand or gravel, from which significant quantities of potable water may be obtained from wells. Reading Zoning By-Laws 1 Revised as of Jan. 2011 2.2.3. Automobile Graveyard: The storage of three (3) or more unregistered automobiles other than in connection with an automobile sales room or office. 2.2.4. Boarding House: Any building or portion thereof used for supplying shelter or food to a guest and containing more than three (3) sleeping rooms for commercial purposes; each sleeping room shall be intended for occupancy by not more than two (2) adults. 2.2.5. Building: A structure enclosed within exterior walls whether portable or fixed, having a roof or other coverings for the shelter of persons, animals or property. 126.96.36.199. Building Inspector: The Inspector of Buildings or Building Commissioner and local Inspectors appointed pursuant to Section 3 of Chapter 143 of the General Laws, or any other enabling authority, including such as may be appointed in combination with other cities or towns. 188.8.131.52. Carriage House-Stable-Barn: A building that was constructed prior to 1910 for the stabling of horses and/or garaging of non-mechanized carriages or wagons. 2.2.6. Combined Service Use : A facility owned and operated by a non-profit organization which provides recreational, educational and social service but not including the sale of alcoholic beverages or operation of games of chance. 2.2.7. Communication Facility: A building whose principal use is to contain telephone, telegraphic or electronic exchanges for the purpose of connecting or networking communications systems, similar facilities and ancillary offices. 184.108.40.206. Commercial Communications Structure: A tower, antenna, dish or other free- standing structure as defined in the State Building Code, together with any related ancillary building,used for the transmission and/or reception of radio, television, telecommunications or other electronic communication signals for commercial purposes. 220.127.116.11. Computer Services: The development of computer and related components for purposes of software, hardware and electronic commercial businesses, with assembly and distribution restricted to support said development as an accessory use. 2.2.8. Consumer Service: A barber shop, beauty parlor, dry cleaning establishment where dry cleaning is done on the premises as a dire ct service, lunchroom, restaurant and photographer's shop or studio. 2.2.9. Dwelling: Any building or structure used in whole or in part for human habitation. 18.104.22.168. One Family Dwelling: A detached dwelling arranged, intended or designed to be occupied by a single family . 22.214.171.124. Two Family Dwelling: A detached dwelling arranged, intended or designed to be occupied by two (2) families. 126.96.36.199. Dwelling Unit: A structure or a portion of a structure containing in a self- sufficient and exclusive manner facilities for sleeping, bathing and cooking, Reading Zoning By-Laws 2 Revised as of Jan. 2011 including one full kitchen and full bathroom facilities as defined by the Massachusetts State Building Code. 2.2.10. Earth Removal : The removal of sand, loam, sod or gravel unrelated to landscaping or authorized construction on the lot. 2.2.11. Family : One (1) or more persons living together in one (1) dwelling unit as a single housekeeping unit, but not including fraterniti es, sororities or other fraternal or communal living arrangements. 2.2.12. Floor Area, Gross : The sum of the areas on the several floors of a building or buildings measured from the outside surfaces of the exterior walls so as to include the full thicknessthereof. 188.8.131.52. Floor Area, Net : The actual occupied area of a building or buildings not including hallways, stairs, mechanical spaces and other non-habitable spaces, and not including thickness of exterior or interior walls. 2.2.13. Lot Frontage : The continuous uninterrupted length of a lot boundary line along a street line having a depth into the lot of not less than twenty (20) feet, said depth measured at an angle to said street line of not less than 65 degrees, over and through which, actual legal and physical access to the potential building site by both pedestrian and vehicles shall be required. The existenc e of an access easement shall not satisfy the requirement for actual legal and physical access. The end of a street without a cul- de-sac shall not be considered frontage. 2.2.14. Grade,Established: The elevation of the street grade as established or approved by the Town. 2.2.15. Grade, Natural: The elevation of the undisturbed natural surface of the ground adjoining a building. 184.108.40.206. Groundwater: All water found beneath the gr ound surface. The slowly moving sub- surface water present in aquifers and recharge areas. 220.127.116.11. Hazardous and Toxic : Any solid or liquid substance or combination of substances, including any liquid petroleum products, that because of quantity, concentration or physical, chemical or infectious characteristic poses a significant present or potential hazard to water supplies or to human health if disposed of into or on any land or water in this Town. Any substance deemed a "hazardous waste" in Massachusetts General Laws, Chapter 21C, or deemed as toxic or hazardous substance in Massachusetts General Laws, Chapter 94B, shall also be deemed a hazardous material for purposes of this By-Law. 2.2.16. Height of a Building: The vertical distance measured at the center line of its principal frontfrom the established grade or from the natural grade if higher than the established grade, or from the natural grade if no grade has been established: to the level of the highest point of the roof beams in the case of flat roof or roofs inclining not more than one inch to the foot, and tothe mean height level between the top of the main plate and the highest ridge in the case of other roofs. For buildings with more than one principal front, said vertical distance shall be measured from the average of the established grade or the natural grade, as applicable, measured at the centerline of each principal front. Reading Zoning By-Laws 3 Revised as of Jan. 2011 2.2.17. Home Occupation: The use of room or rooms in a dwelling as an office, studio or working room by a person resident in the house where no goods are publicly displayed or offered for sale. 18.104.22.168. Impermeable Surface : Natural or manmade material on the ground that does not allow surface water to penetrate into the soil. 2.2.18. Kindergarten,Private: A private school for children of pre-primary school age having an enrollment of three (3) or more children of different parentage. 2.2.19. Landscaped Area: Land area not covered by building, parking spaces and driveways. 22.214.171.124. Leachable Wastes: Waste materials, including solid waste and sludge, that are capable of releasing water-borne contaminants to penetrating water derived from rain or snowmelt. 2.2.20. Lot: A parcel of land occupied or designed to be occupied by principal and accessory buildings or uses, including such open spaces as are arranged and designed to be used in connection with such buildings. 2.2.21. Lot Coverage: That proportion expressed as a percent of the total lot area covered by principle buildings. 126.96.36.199. Lot Width: The width of a lot governed by the di ameter of a circle, said circle fitting entirelythin the lot and being tangent with the front lot line. 188.8.131.52. Mixed Use: The combining of retail/commercial and/or service uses with residential or office use in the same building or on the same site. 2.2.22 Non-conforming: A lawful pre-existing building, structure, vacant lot, or use of buildings or land that does not conform to the zoning regulations for the district in which it is located, but did conform at the time it was built or established. 2.2.23. Nursing Home : A convalescent or rest home, or an assisted living residence as defined in 651 CMR 12.02. 2.2.24. Open Storage: The storing of retail goods outside of a structure on a lot for the purpose of display and/or sales. 2.2.25. Overlay District : A district super-imposed on one (1) or more districts which may establish restrictions in addition to the regulations of the district or districts super- imposed. 2.2.26. Place of Assembly: A theater, cinema, bowling alley or other similar enclosed place. 2.2.27. Roadside Stand: The sale of natural products raised on the premises and articles manufactured on the premises from such products. 2.2.28. School: The use for educational purposes of structures on land owned or leased by the Commonwealth, any of its agencies, subdivisio ns or bodies politic, a religious sect or denomination, a non-profit educational corpor ation or any other public or private school giving regular instruction at least five (5) days a week for eight (8) months or Reading Zoning By-Laws 4 Revised as of Jan. 2011 more each year; but not including a school gi ving special or limited instruction such as a business, trade, art, music, dancing or riding school 184.108.40.206 Senior Independent Living: A facility that provides dwelling units for residents over the age of 55, with no permanent re sidents under the age of 18, in a single or multiple buildings or in separate townhouses or cottages, and may include common areas for the use of residents. 2.2.29. Sign: Any word or combination of number, emblem, picture, design, trademark or other device including the support structure of freestanding signs. Signage is the collection of signs. Signage does not include temporary holiday decorations, historical date markers or plaques, or artwork that contains no commercial messages. 220.127.116.11. Solid Wastes : Any discarded solid material, putrescible or nonputrescible, consisting of all combustible and noncombustible solid material including, but not limited to garbage and rubbish. 2.2.30. Structure: Materials assembled at a fixed location to give support or shelter, such as a building, framework, wall, tent, reviewing stand, platform or the like. 18.104.22.168. Townhouse: A dwelling unit arranged, intended or designed to be occupied by a single family which is attached to one or more other single family dwelling units by one or more common walls, with each dwe lling unit having its own exterior entrance. Each dwelling unit may be owned by a separate owner. 22.214.171.124. Townhouse Development: A development of land with townhouses located in a Residence S-10 District and which is governed by the provisions of Paragraph 4.6. A townhouse development shall not be limited to one principal structure per lot. A swimming pool, club house, tennis courts and other usual single family accessory uses and facilities may be allowed as part of the Special Permit issued by the Board of Appeals in a townhouse development, subject to conditions imposed by the Board. 126.96.36.199. Townhouse Parcel: A parcel of land upon which a townhouse development is located. 2.2.31. Trailer: A structure originally designed as a vehicle to be used in whole or in part for human habitation having no motive power of its own. 2.2.32. Trailer Camp: An area of land on which is located one or more trailers used for human habitation. 2.2.33. Use: An activity or purpose to which a lot or structure is, or is proposed to be, devoted; for purposes of thes e By-Laws, each use listed on any line in Section 4.2.2., Table of Uses, is to be considered differ ent from any other use listed on any other line in said Section. 2.2.34. Watershed: An area drained by a stream or stream system. Reading Zoning By-Laws 5 Revised as of Jan. 2011 188.8.131.52. Wetlands Resource Area: An area as defined in the regulations adopted pursuant to Section 40 of Chapter 131 of the General Laws and pursuant to Section 5.7. of theeading General Bylaws. 2.2.35. Yard: An open space on the same lot with a building. 184.108.40.206. Yard, Front: The yard extending between the building and the street line and extendingacross the full width of the lot. 220.127.116.11. Yard, Rear: The yard extending between the building and the rear line of the lot and extending across the full width of the lot. 18.104.22.168. Yard, Side: The yard extending between the building and the side line of the lot and extending from the front yard to the rear yard. 3.0. ESTABLISHMENT OF DISTRICTS 3.1. DISTRICTS Type Full Name Short Name Residence Single Family 15 District S-15 Residence Single Family 20 District S-20 Residence Single Family 40 District S-40 Residence Apartment 40 District A-40 Residence Apartment 80 District A-80 Business Business A District Bus. A Business Business B District Bus. B Business Business C District Bus. C Industrial Industrial Ind. Overlay Flood Plain District F Overlay Wetlands Protection District W Overlay Municipal Building Reuse District MR Overlay National Flood Insurance NF Flood Management District Overlay Aquifer Protection District AQ Overlay Planned Unit Development PUD Overlay Planned Residential Development PRD Reading Zoning By-Laws 6 Revised as of Jan. 2011 3.2. ZONING MAP Districts are shown, defined and bounded on the map entitled "Reading Zoning Map", dated November 1, 1986, as amended, consisting of an index map and 35 sheets containing 39 detailed maps, prepared and signed by the Co mmunity Planning and Development Commission, which constitutes a part of these By-Laws. The map shall be kept on file and current by the Community Planning and Development Commission who shall supply copies to the Town Clerk, the Building Inspector and the Board of Appeals. They are to be appended to the "Reading Zoning Map" as Exhibits 1, 2, 3 and 4 the maps entitled "Flood Insurance Rate Map, Town of Reading, Massachusetts Middlesex County" with an effective date of July 2, 1981 consisting of Panel 1 of 4, Panel 2 of 4, Panel 3 of 4 and Panel 4 of 4; and Exhibit 5 the map entitled "Aquife r Protection Overlay District Map, Town of Reading" dated September, 1985 consisting of 1 Panel 1. 3.3. BOUNDARIES OF DISTRICTS 3.3.1. Boundaries of zoning districts shall be interpreted as follows: 22.214.171.124. Where a boundary is indicated with in a street or railroad right of way, the boundary shall be the center line of such street or right of way. Where a boundary is indicated approximatel y parallel to a street or railroad right of way, together with a single noted dimension, it shall be interpreted as parallel and located the noted distance from the center line of such street or right of way. Where a boundary is indicated together with two or more dimensions, it shall be interpreted consistent with such dimensions. Where an undimensioned boundary apparently follows property lines in existence at the time of the establishment of such boundary, it shall be so interpreted. All other boundaries shall be indicated upon the map. 126.96.36.199. Where a boundary of an Overlay Di strict is indicated as a contour, the boundary shall be the noted contour based on the mean sea level lines, the end of drainage structures or other features, or extensions thereof, it shall be so interpreted. Where a boundary is indicated as approxim ately parallel to a street line or bank of a water body or watercourse, together with a single noted dimension, it shall be interpreted as parallel and located the no ted distance from such street line or the elevation, at the bank of a wa ter body, where vegetation changes from predominately terrestrial to aquatic, and along the bank of a watercourse where the annual high water has left a definite mark in the channel. 3.4. LOTS IN TWO DISTRICTS 3.4.1. Where a district boundary line divides a lot as existing at the time this By-Law takes effect, and the major portion of said lot is in the less restricted district, the regulations relating to said less restricted district may extend to such portion of said lot as is not more than thirty (30) feet within the more restricted district. This provision shall not apply to any lot used for apartments. 3.5. INTENT OF DISTRICTS Reading Zoning By-Laws 7 Revised as of Jan. 2011 3.5.1. Reserved 3.5.2. Reserved 3.5.3. Reserved 3.5.4. Reserved 3.5.5. Reserved 3.5.6. Reserved 3.5.7. Reserved 3.5.8. Reserved 3.5.9. Reserved 3.6.0. In addition to the purposes enumerated in Section 1.0, the purpose of the Floodplain District is to provide that land in the Town of Reading subject to seasonal or periodic flooding shall not be used for residence or other purposes in such a manner as to endanger the health or safety of the occupants thereof. 3.6.1. In addition to the purposes in Section 1. 0., the purposes of the Wetlands Protection District are: a. To provide that lands in the Town of Reading subject to seasonal or periodic flooding shall not be used for residence or other purposes in a manner as to endanger the health or safety of the occupants thereof, or the public generally or to burden the public with costs resulting from the unwise individual choices of land use; b. To protect, preserve and maintain the water table and water recharge areas within the Town so as to preserve present and potential water supplies for the public health and safety of the Town and the Metropolitan Area; and c. To assure the continuation of the natural flow pattern of the water courses within Reading and to preserve natural flood wate r storage areas so as to protect persons and property against the hazards of flood inundation. 3.6.2. In addition to the purposes enumerated in Section 1.0., the purpose of the Municipal Building Reuse District is to provide for the conversion of surplus municipal buildings and the land on which they are situated to private use, in a manner which encourages residential development and use, which is situated and which fosters flexibility and creativity of development for the public benefit. 4.0. USE REGULATIONS No building, structure or land may be used, arranged or designed for any purpose unless it conforms with the use regulations of this By-Law. 4.1. APPLICATION OF USE REGULATIONS 4.1.1. Any building constructed or formerly used for public or municipal purposes which is owned or controlled by the Town of Reading , the land upon which the said building is Reading Zoning By-Laws 8 Revised as of Jan. 2011 located, and all adjacent land owned by the Town shall be excluded from the provisions of these Zoning By-Laws. 4.2. GENERAL REQUIREMENTS 4.2.1.Use regulations for all uses shall be as specified in Paragraph 4.2.2., "Table of Uses" and are a part of this By-Law. In the table, "Yes" denotes a use permitted by right in a particular district; the letters "SPA" denote a use permitted in a particular district only by Special Permit from the Board of Appeals; the letters "SPS" denote a use permitted in a particular district only by Special Permit from the Board of Selectmen; the letters "SPP" denote a use permitted in a particular dct only by Special Permit from the Community Planning and Development Commis sion; "No" denotes a use prohibited in a particular district. 4.2.2. Table of Uses PRINCIPAL USES RES RES RES BUS BUS BUS IND S-15 A-40 A-80 A B C S-20 S-40 Residential Uses One Family Dwelling Yes Yes No Yes No No No Two Family Dwelling No Yes No Yes No No No A Apartment No Yes Yes Yes No No No Boardinguse No Yes No YesNo No No Planned Residential Development SPP** No SPP** No No No No PUD-R SPP* No No No No No No Public and Quasi-Public Uses Privateindergartens SPA SPA SPA No No Yes No School Yes Yes Yes YesYes Yes Yes Church Yes Yes Yes YesYes Yes Yes Hospital No SPA No SPA SPA No No B Nursing Home SPA SPA No SPA SPA Yes No Club or Lodge No No No Yes Yes No No Combined Service Use SPA SPA SPA No No No No Business and Service Uses ReSailles No No NoYes Yes No Yes ConsumServices No No NoYes Yes No Yes Office No No NoYes Yes Yes Yes FinanIstlitution No No NoYes Yes Yes Yes WholesBasiness No No NoYes Yes Yes Yes Hotel or Motel No No No Yes Yes Yes Yes Reading Zoning By-Laws 9 Revised as of Jan. 2011 4.2.2. Table of Uses (Continued) PRINCIPAL USES RES RES RES BUS BUS BUS IND S-15 A-40 A-80 A B C S-20 S-40 Tourist or Trailer Camp No No No No No No No PAofembly No No NoYesYes No Yes FuneEratlablishment No No NoYesYes No Yes Veterinary Establishment No No NoYesYes No Yes PUD-B SPP* No No SPP* No No No PUD-I No No No No No No SPP* AdUst s No No No No No No SPP* Automotive Uses Sale of New or Used No No No Yes Yes No Yes Servitetion No No No YesYes No Yes RepGairrage No No No YesYes No Yes CWaarsh No No No No No No No CommerP carliot No No No YesYes No Yes AGutYard No No No No No No No Industrial Uses Compu Services No No No No No Yes Yes Laboratories No No No No No Yes Yes Reseaarndvelopment No No No No No Yes Yes Publishirinting No No No No No Yes Yes CommunicatFiacilities No No No No No Yes Yes Commercial Communications SPA No SPA SPA SPA SPA SPA Structures **** **** PubUltilities Yes Yes Yes Yes No Yes Yes EncloSedrage No No No YesYes No Yes OpStnrage No No No No No No No DlyanPlgnt No No No No No No No Recreational Uses CommerA calusements No No NoSPSSPSNo SPS CommerR caleck No No No No No No No Other Uses Agriculture, Horticulture, FloriculYes Yes Yes Yes Yes Yes Yes Viticulture on 5+ acres Structures Accessory to AgricultureYes Yes Yes Yes Yes Yes Yes Horticulture, Floriculture, Viticulture on 5+ acres Reading Zoning By-Laws 10 Revised as of Jan. 2011 4.2.2. Table of UsesContinued) PRINCIPAL USES RES RES RES BUS BUS BUS IND S-15 A-40 A-80 A B C S-20 S-40 Agriculture, Horticulture, FloricuYes Yes Yes Yes Yes Yes Yes Viticulture for Domestic Use Only Agriculture, Horticulture, Floriculture, SPA SPA SPA SPA SPA Viticulture not for Domestic Use on Less than 5 acres CommerciEal themoval SPA SPA SPA SPA SPA SPA SPA Substantially Similar to PermittedNo No No SPA SPA SPA SPA Municipal Building Reuse SPA SPA SPA SPA SPA SPA SPA MiUese No No No NoSPP No No ***** Accessory Uses Accessorartment SPASPANo SPANo No No HomOeccupation Yes Yes Yes Yes No No No Roadsidtand Yes Yes Yes Yes No No No Other Retail Stores No No No Yes Yes Yes Yes Manufacturing and Industrial No No No Yes Yes Yes Yes Open Storage No No No SPP No No SPP Enclosed Storage Yes Yes Yes Yes Yes Yes Yes Consumer Service No No No Yes Yes Yes Yes Carriage House-Stable-Barn SPA SPA SPA Yes No No No * Planned Unit Development may be permitted only within a PUD Overlay District on the Zoning Map. ** Planned Residential Development may be permitted only within a PRD Overlay District which may exist only in an S-15, S-20, S-40 or A-40 or A-80 underlying Zoning District on the Zoning Map. *** Adult Uses may be permitted only in the Industrial District by Special Permit granted by the Board of Appeals according to the requirements of Section 4.3.4. **** May be permitted only within a State-owned Interstate highway right-of-way. ***** Mixed Use Overlay may be permitted only in the Downtown Business B District, principally traversed by Main and Haven Streets. A Townhouses shall be permitted in the Business C District B Nursing Home and Senior Independent Living shall be permitted in the Business C District. 4.3. SUPPLEMENTARY REQUIREMENTS All uses shall be subject to the following additional requirements. 4.3.1.PRINCIPAL USES Reading Zoning By-Laws 11 Revised as of Jan. 2011 188.8.131.52. In a Residence or Business A District, a one family dwelling existing prior to April, 1942, which at that time had at least ei ght (8) finished and habitable principal rooms may be altered into a two (2) family dwelling, provided that the external appearance of a one (1) family house is retained. 184.108.40.206. In any district, no use shall be permitted which is offensive because of obnoxious noise, vibration, smoke, gas, fumes, odor s, dust or other objectionable features, or which is hazardous to the community on account of fire or explosion or any other cause. 220.127.116.11. In the Business C Districts, no building shall be erected, altered or used nor shall any land be used for any purpose unless all dust, flames, odor, smoke or vapors are effectively confined to the premises and noise vibration or flashing related to the business activity is not normally pe rceptible without instruments beyond the bounds of the lot on which it is located. 18.104.22.168. The Board of Appeals may grant a Special Permit for a nursing home in a Residence S-20 Zoning District, if, as a minimum, the following conditions are met: a. As of November 16, 1998, the lot(s) on which the nursing home is to be located either abuts or is partially within a Busi ness A District, or is separated therefrom only by an Interstate Highway. A lot shall not be considered as abutting Business A District unless that lot ac tually, physically touches the Business A District, or is separated therefrom only by an Interstate Highway. A lot on the other side of or separated by a local street or state highway from a Business A District shall not be considered to "abut" that district for the purpose of this section. b. Any structure or parking area shall be located not closer than fifty (50) feet to any property line abutting a residence or a local public street. c. The nursing home structure shall not be less than one hundred (100) feet from the nearest dwelling existing at the time of application for the Special Permit. d. The lot shall be not less than three (3) acres in size with not less than three hundred (300) feet of frontage on an existing public way. e. The nursing home shall be tied into municipal water and sewer service when constructed. f. Prior to making application to the Board of Appeals for a Special Permit for a nursing home under this Section, the appl icant shall obtain site plan approval from the Community Planning and Development Commission pursuant to Section 4.3.3 of these By-Laws. The Community Planning and Development Commission may approve a site plan for an assisted living residence, or fo r combined nursing and assisted living residence when the number of assist ed living units exceeds 10% of the combined total number of units, only under the following conditions: the gross floor area of the residents’ living space excluding common areas, such as but not limited to hallways, dining rooms, offi ces, recreation areas, medical rooms, employee rooms and mechanical spaces shall not exceed 15% of the total lot area. For purposes of this section, tota l lot area shall include any land shown on Reading Zoning By-Laws 12 Revised as of Jan. 2011 the site plan which is conveyed to the Town of Reading for nominal consideration. g. The nursing home shall meet all applic able building code requirements and shall have properly installed and maintained fire safety devices and shall conform to all applicable local and State regulations and statutes for the protection of all occupants in the nursing home. h. Sideline planting shall be required for any sideline of the lot which abuts land being used for residential purposes. The sideline planting shall be at least five feet wide, shall be free of any paving and shall extend from the street line to twenty feet beyond the deepest point on the premises having buildings or parking areas. The full length of the planting area shall be provided with screening through plantings at least four feet high when planted. Fencing may be used in conjunction with such screening. i. Front screening shall be provided be tween the building and the street line through a staggered row of trees, either planted or retained, having at least a two inch trunk diameter and being of size, sp ecie and spacing such that the tree crowns will approximately meet each other at maturity. All trees used for front screening shall be of species common to the area and which reach an ultimate height of not less than thirty feet. j. If at the time of application for a Specia l Permit under this provision, there are one or more single family dwellings situated on the lot or lots immediately abutting and to the rear of the lot upon which the nursing home is proposed, the Board of Appeals may require reasonable rear lot line plantings for screening purposes. k. There shall be provided in perpetuity on site or off-site, in a manner acceptable to the Reading Housing Authority, a minimum allocation of ten percent of the total units, unless otherwise regulated, relative to the development, which total units shall be affordable to very-low-income, low-income, and moderate-income families and/or elderly households as determined by the most recent calculations of the U.S. Department of Housi ng and Urban Development for the Boston Metropolitan Region and/or the Commonwealth of Massachusetts, Department of Housing and Community Development. If acceptable to the Reading Housing Authority with input from the Community Planning and Development Commission, this requirement may be satisfied by the payment to the Town or an agency thereof a monetary sum in lieu of provision of actual affordable units in or relative to the development for provision or enhancement of affordable housing in the Town of Reading. A person may make application to the Board of Appeals for a Special Permit for the construction of a nursing home in compliance with all of the above-listed restrictions. Submitted with the application shall be one or more site plans prepared, signed and sealed by a registered land surveyor, registered professional enginee r or registered architect which shall indicate the size of the lot, t he dimensions of the lot, the proposed location, dimensions and height of the nursing home structure, the building offset dimensions, the parking and driveway layout, the entrance and exit ways, proposed grade changes, the location of any zoning overlay districts on the lot and the location, distance and use of each Reading Zoning By-Laws 13 Revised as of Jan. 2011 existing principal structure situated on abutting property but within one hundred feet of the proposed nursing home structure. 4.3.2. ACCESSORY USES 22.214.171.124. In any district, no accessory use sh all be permitted which alters the character of the premises on which it is located or wh ich violates the provisions of Paragraph 126.96.36.199. 188.8.131.52. In any district, an accessory use shall be located on the same lot as the principal use, except as hereinafter provided. 184.108.40.206. In any district, uses accessory to activities otherwise permitted as a matter of right which are necessary in connection wi th scientific research or scientific development or related production, whether or not on the same parcel as activities permitted as a matter of right may be permitted upon issuance of a Special Permit from the Board of Appeal s, provided there is a finding that the accessory use does not substantially derogate from the public good. 220.127.116.11. In any Residence Dist rict, the erection of a garage for more than three (3) non- commercial motor vehicles is prohibited. 18.104.22.168. In any Residence Di strict, the renting, by a family living in a dwelling, of rooms located within and forming an integral part of said dwelling and the furnishing of table board to persons who are not merely casual or transient customers, is permitted provided that not more than three (3) such persons shall be permitted per family. 22.214.171.124. In any Residence District, no more than twenty-five percent (25%) of the floor area of a dwelling shall be used for an accessory use. 126.96.36.199. In any Single Family Distric t, Open Storage regulation shall not apply to a seasonal stock of firewood occupying not more than two hundred fifty (250) square feet. No such stock shall exceed four (4) feet in height within five (5) feet of a lot line. 188.8.131.52. Accessory Apartments 184.108.40.206.1. Purpose : The purpose of allowing accessory apartments within the Town is to encourage the alteration and/or construction of a limited number of housing units which will increase the availability of rental units within the Town, will help to meet local housing needs without causing significantly adverse effects on the character and municipal services of the community and will ensure compliance with State and local planning standards and policies concerned with land use, building design and the health, safety, convenience and general welfare of the inhabitants of the Town. 220.127.116.11.2. Restrictions : The Special Permit Granting Authority may grant a Special Permit for an accessory apartment, if, as a minimum, the following conditions are met: Reading Zoning By-Laws 14 Revised as of Jan. 2011 a. The dwelling in which the accessory apartment is to be located was legally occupied prior to August 1, 1982; b. Notwithstanding the provisions of Section 18.104.22.168. of these By-Laws, the accessory apartment shall occupy no more than one-third (1/3) of the gross floor area of the one family dwelling of which it is part, exclusive of any garage, unfinished basement, shed or other accessory use structure attached to or part of such one fam ily dwelling (as of August 1, 1982) and shall contain as a minimum at least four hundred (400) square feet of net floor area and as a maximum not more than seven hundred fifty (750) square feet of net floor area. Building density shall be limited so that the ratio of gross floor area to total land area shall not exceed 1:5; c. At least one of the owners of the o ne family dwelling in which the accessory apartment is located resides in the accessory apartment or principal one family dwelling, except for bona fi de temporary absences, during which absence period a third party may not occupy the owner's unit, unless and until notification of the ch ange of occupancy is submitted to the Board of Appeals; d. The accessory apartment and any and all other modifications to the principal one family dwelling shall be designed so that the appearance of the building remains that of a one family dwelling. Any new entries shall be located on the side or in the rear of the building and any additions for access and/or egress shall not increase the gross floor area (as described in paragraph b. above) of the original house by more than t en percent (10%) and shall not increase the building density beyond that allowed in paragraph b. above. Any other changes in the building shall comply in all respects with the applicable provisions of the Zoning By-Laws; e. All motor vehicles owned or maintained by occupants of the building in which the accessory apartment is located shall be parked off the street and the location and appearance of all additional off-street parking shall not adversely affect the adjoining properti es in the neighborhood or the single- family appearance of the neighborhood in general and will cause no change to the front yard parking, area, if any, as it existed on August 1, 1982; f. There shall be no other apartment on the lot on which the accessory apartment is to be located; g. The accessory apartment shall meet all building code requirements and shall have properly installed and maintained fire safety devices for the protection of all occupants in the entire dwelling; h. Special Permits for accessory apartments can be issued by the Board of Appeals up to a limit of ten per cent (10% ) of all one family dwellings in the Town excluding those which already qua lify under Section 22.214.171.124. of these By-Laws for conversion to two family use; i. Any other conditions, safeguards and limitations on time or use as may be imposed by the Board of Appeals according to Massachusetts General Laws, Chapter 40A, Section 9 or regulations pursuant thereto. 126.96.36.199.3. Process : Reading Zoning By-Laws 15 Revised as of Jan. 2011 An owner or owners of a one family dwelling may make application to the Board of Appeals for a Special Permit for the alteration and/or construction and occupancy of an accessory apartment in a one family dwelling in compliance with all of the above-listed restrictions. The Board of Appeals will then post notice of this public hearing in accordance with Chapter 40A, Massachusetts General Laws. The Special Permit for said accessory apartment will be limited to the original applicant but shall be transferred with ownership upon the successful inspection of the property which verifies that all conditions of the requirements for an accessory apartment are being met and upon recertification that the new ow ner(s) of the dwelling plan(s) to maintain residence in either the accessory apartment or the principal residence. If the terms and/or conditions of the Special Permit for an accessory apartment are not being complied with, such Special Permit can and will be revoked in accordance with standard enforcement procedures, or if all conditions are not met within one year of issuance of the Special Permit, the Special Permit will be null and void. 188.8.131.52. Open Storage: Open Storage as an ancillary or supporting use is allowed in the Business A and Industrial Zoning Districts by the grant of Special Permit from the Community Planning and Development Commission, based upon the criteria set forth in 184.108.40.206.1. 220.127.116.11.1. Criteria for Approval : a. Products shall be stored only for the purposes of merchandise display, and/or stock for sale on site, and not for distribution purposes. b. Open storage area shall use no more than 10% of total lot area. c. Products stored shall not impede upon pedestrian movement or vehicular circulation. d. Products stored shall not diminish required parking spaces nor access thereto. e. Products stored may be required to be shielded from any abutting residential properties. f. No products may be stored in any public right of way nor impede upon such way. g. T ime period of the display shall be determined and reviewed by the special permit granting authority. No h.products shall be stored so as to create dust, noise, or other objectionable effects, or to create a fire hazard or other casualty. 18.104.22.168.2. Process: Reading Zoning By-Laws 16 Revised as of Jan. 2011 Filing for a special permit for this use shall follow all procedures required for Site Plan Review under 4.3.3 of this By-Law. 22.214.171.124. Carriage House-Stable-Barn Preservation 126.96.36.199.1. Purpose: To preserve existing, freestanding and detached carriage houses-stables- barns and provide flexibility for housing. 188.8.131.52.2. Restrictions: The Special Permit Granting Authority (SPGA) may grant a special permit to use a detached carriage house-stable-barn for single-family residential use on a lot with an existing dwelling provided all of the following conditions are satisfied: a. The carriage house-stable-barn must have existed continuously since 1910. When converted for residential use, the structure must have a minimum net floor area of 400 square feet; b. The carriage house-stable-barn and principal dwelling must be and remain located on the same lot; c. At least one of th e dwellings (carriage house- stable-barn or principal dwelling) must be and remain owner occupied; d. The principal dwelling must be included in the Historical and Architectural Inventory of Reading, MA or alternatively qualify by having been built prior to 1910 with a detached carriage house-stable-barn; e. The principal dwelling on the lot must be used only as a single family dwelling during such time as the carriage house-stable-barn is being used as a dwelling. A two-family dwelling may be converted to a single-family dwelling to meet this requirement. Th e Building Inspector shall confirm by inspection that the existing dwelling is being used only as a single-family dwelling before issuing a certif icate of occupancy for the use of the carriage house-stable-barn. The owner of the property must sign an affidavit recorded at the Registry of Deeds with the special permit accepting such requirement; f. The exterior facade of the carriage house-stable-barn shall substantially retain its appearance as a carriage house-stable-barn and exterior architectural features shall be preserv ed to the maximum extent practicable, keeping in mind the carriage house-stable-barn will be a dwelling. If the façade of the carriage house-stable- barn shall have been changed from its original appearance prior to the filing for a special permit under this section, it shall be restored to be consistent with the architecture of the period of its construction. The SPGA shall obtain a report from the Reading Historical Commission as to exterior features that it recommends be preserved or restored and which, if any, proposed exterior alterations should be allowed on the carriage house-stable-barn. The existing footprint shall remain substantially the same but shall not increase more than 10%; g. All motor vehicles owned or maintained by occupants of the carriage house- stable-barn shall be parked off the street; Reading Zoning By-Laws 17 Revised as of Jan. 2011 h. The carriage house-stable-barn shall meet all building code requirements and shall have properly installed and maintained fire safety devices for the protection of all occupants in the entire dwelling; i. Any other conditions, safeguards and limitations on time or use as may be imposed by the Board of Appeals according to Massachusetts General Laws, Chapter 40A, Section 9 or regulations pursuant thereto. 184.108.40.206.3. Process: An owner or owners of a carriage house-stable-barn may make application to the Zoning Board of Appeals (ZBA), as SPGA, for a special permit for the alteration and/or occupancy of a carriage house-stable-barn in compliance with all of the above-listed restrictions . The ZBA will then post notice of this public hearing in accordance with Chapter 40A, Massachusetts General Laws. The Reading Historical Commission shall be notified upon receipt of building application. The Special Permit for said carriage house-stable-barn will be limited to the original applicant but shall be transferred with ownership upon the successful inspection of the property which ve rifies that all conditions of the requirements for a carriage house-stable-barn are being met and upon recertification that the new owner(s) of the dwelling plan(s) to maintain residence in either the carriage house-stable-barn or the principal residence. If the terms and/or conditions of the Special Permit for a carriage house- stable-barn are not being complied with, such Special Permit can and will be revoked in accordance with standard enforcement procedures, or if all conditions are not met within one year of issuance of the Special Permit, the Special Permit will be null and void. 4.3.3. SITE PLAN REVIEW 220.127.116.11. Applicability . The following types of activities and uses require site plan review by the CPDC: a. Construction, exterior alteration or exte rior expansion of, or change of use within an institutional, commercial, industrial, or multi-family structure with four or more dwelling units; b. Construction or expansion of a parki ng lot for an institutional, commercial, industrial, or multi-family structure or purpose. 18.104.22.168. Procedures . Applicants for site plan approval shall submit twelve (12) copies of the site plan to the CPDC for review, and within three (3) days thereafter request a determination from the Town Planner on completeness of application. The Town Planner shall make a determination of completeness within thirty (30) days of receipt of such application. The CPDC shall review and act upon the site plan, with such conditions as may be deemed approp riate, within sixty (60) days of its determination of completeness, and notify the applicant of its decision. The decision of the CPDC approving site plan review, shall be a majority of the commission and shall be in writing. No building permit or certificate of occupancy shall be issued by the Building Inspector wi thout the written approval of the site plan by the CPDC, or unless 60 days laps e from the date of a determination of completeness of the site plan without action by the CPDC. Reading Zoning By-Laws 18 Revised as of Jan. 2011 22.214.171.124. Requirements: 126.96.36.199.1. Where the CPDC serves as the special permit granting authority for proposed work, it shall consolidate its site plan review and special permit procedures. 188.8.131.52.2. The applicant may request, and the CPDC may grant by majority vote, an extension of the time limits set forth herein. 184.108.40.206.3. No deviation from an appr oved site plan shall be permitted without modification thereof approved by CPDC. 220.127.116.11. Preparation of Plans. Applicants are invited to submit a pre-application sketch of the proposed project to the CPDC and to schedule a comment period at a regular meeting of the CPDC. Site plans sha ll be submitted on 24-inch by 36-inch sheets, or larger if necessary for clarity. Plans shall be prepared by a registered professional engineer, registered land surv eyor, architect or landscape architect, as appropriate. Dimensions and scales shall be adequate to determine that all requirements are met and to make a complete analysis and evaluation of the proposal. 18.104.22.168. Contents of Plan . The contents of the site plan are as follows: 22.214.171.124.1. Five (5) separate plans prepared at a scale of one (1) inch equals twenty (20) feet or forty (40) feet or such suitable scale as may be approved by the CPDC. The plans are as follows: a. Site layout, which shall contain the bo undaries of the lot(s) in the proposed development, proposed structures, drives, parking, fences, walls, walks, outdoor lighting, signage, loading facilities, and areas for snow storage after
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