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TOWN OF NORWOOD ZONING BYLAWS APPROVED BY TOWN MEETING - NOVEMBER 2, 2009 APPROVED BY THE ATTORNEY GENERAL - FEBRUARY 23, 2010 WITH AMENDMENTS THROUGH DECEMBER 9, 2010 i TABLE OF CONTENTS NORWOOD ZONING BYLAWS SECTION 1.0 PURPOSE AND AUTHORITY 1.1 PURPOSE ……………………………………………………… 1 1.2 AUTHORITY …………………………………………………… 1 1.3 SCOPE ……………………………………………………………. 1 1.4 APPLICABILITY ……………………………………………… 1 1.5 ZONING AMENDMENTS ……………………………………… 2 1.6 SEPARABILITY ………………………………………………… 2 SECTION 2.0 DISTRICTS 2.1 ESTABLISHMENT ……………………………………………… 3 2.2 OVERLAY DISTRICTS …………………………………………. 3 2.3 ZONING MAP …………………………………………………… 3 2.4 SPLIT LOTS ……………………………………………………… 4 SECTION 3.0 USE REGULATIONS 3.1 PRINCIPAL USES ……………………………………………… 6 3.2 MAJOR PROJECTS …………………………………………….. 19 3.3 HOME OCCUPATIONS ………………………………………… 19 3.4 ACCESSORY USES ……………………………………………… 20 3.5 TEMPORARY USES ……………………………………………. 22 SECTION 4.0 DIMENSIONAL REQUIREMENTS 4.1 GENERAL REQUIREMENTS …………………………………. 24 4.2 SPECIAL REQUIREMENTS …………………………………… 28 SECTION 5.0 NONCONFORMING USES AND STRUCTURES 5.1 APPLICABILITY ………………………………………………… 29 5.2 NONCONFORMING USES ……………………………………… 29 5.3 NONCONFORMING STRUCTURES ………………………….. 29 5.4 NONCONFORMING SINGLE OR TWO-FAMILY RESIDENTIAL STRUCTURES ………………………………….. 29 5.5 OTHER NONCONFORMITIES …………………………………. 30 5.6 ABANDONMENT OR NON-USE ………………………………… 30 5.7 RECONSTRUCTION AFTER CATASTROPHE OR ii DEMOLITION ……………………………………………………. 30 5.8 REVERSION TO NONCONFORMITY ………………………… 31 SECTION 6.0 GENERAL REGULATIONS 6.1 OFF-STREET PARKING AND LOADING REQUIREMENTS ……………………………………………….. 32 6.2 SIGNS ……………………………………………………………... 36 6.3 BUFFERS ………………………………………………………… 45 6.4 LANDSCAPING AND SCREENING …………………………… 45 6.5 ENVIRONMENTAL PROTECTION REQUIREMENTS ……. 48 SECTION 7.0 SPECIAL REGULATIONS 7.1 ADULT USES …………………………………………………….. 52 7.2 EARTH REMOVAL …………………………………………….. 53 7.3 DRIVE-THROUGH WINDOWS ………………………………… 55 7.4 MAJOR PROJECTS ……………………………………………… 55 SECTION 8.0 SPECIAL RESIDENTIAL REGULATIONS 8.1 ASSISTED LIVING RESIDENCES …………………………….. 58 SECTION 9.0 SPECIAL DISTRICT REGULATIONS 9.1 FLOOD PLAIN OVERLAY DISTRICT ………………………….. 59 9.2 WATER RESOURCE PROTECTION OVERLAY DISTRICT … 59 9.3 WIRELESS COMMUNICATIONS OVERLAY DISTRICT ……. 64 9.4 DOWNTOWN APARTMENT OVERLAY DISTRICT …………. 67 9.5 Reserved 9.6 SAINT GEORGE AVENUE SMART GROWTH OVERLAY DISTRICT …………………………………………………………… 68 SECTION 10.0 ADMINISTRATION AND PROCEDURES 10.1 ENFORCEMENT ………………………………………………….. 88 10.2 BOARD OF APPEALS …………………………………………….. 89 10.3 PLANNING BOARD …………………………………………….. 90 10.4 SPECIAL PERMITS …………………………………………….. 90 10.5 SITE PLAN APPROVAL ……………………………………….. 93 10.6 REPETITIVE PETITIONS ……………………………………… 97 SECTION 11 DEFINITIONS …………………………………… 99 SECTION 12 AMENDMENTS .................................111............... iii NORWOOD ZONING BYLAWS SECTION 1.0 PURPOSE AND AUTHORITY 1.1 PURPOSE. These Bylaws are enacted to promote the general welfare of the Town of Norwood, to protect the health and safety of its inhabitants, to encourage the most appropriate use of land throughout the town, and to increase the amenities of the Town, all as authorized by, but not limited by, the provisions of the Zoning Act, G.L. c. 40A, as amended, and Section 2A of 1975 Mass. Acts 808. 1.2 AUTHORITY. These Bylaws are enacted in accordance with the provisions of the General Laws, Chapter 40A, any and all amendments thereto, and in accordance with Article 89 of the Amendments to the Constitution of the Commonwealth of Massachusetts. 1.3 SCOPE. For these purposes, the construction, repair, alteration, reconstruction, height, number of stories, and size of buildings and structures, the size and width of lots, the percentage of lot area that may be occupied, the size of yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures, and land in the Town are regulated as hereinafter provided. 1.4 APPLICABILITY. All buildings or structures hereinafter erected, reconstructed, altered, enlarged, or moved, and the use of all premises in the Town, shall be in conformity with the provisions of these Bylaws. No building, structure or land shall be used for any purpose or in any manner other than is expressly permitted within the district in which such building, structure or land is located. Where the application of these Bylaws impose greater restrictions than those imposed by any other regulation, permit, restriction, easement, covenant, or agreement, the provisions of these Bylaws shall control. Nothing herein shall be construed to supersede the provisions of the State Building Code, 780 CMR 1.00, et seq. 1.4.1 Applicability; Nonconformities. Except as herein after provided, these Bylaws shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building permit or special permit issued before the first publication of notice of the public hearing on these Bylaws or any amendments thereto, but shall apply to any change or substantial extension of such use, to a building permit or special permit issued after the first notice or said public hearing, to any reconstruction, extension or structural change of such structure and to any alteration of a structure begun after the first notice of said public hearing to provide for its use in a substantially different purpose or for the same purpose in a substantially different manner or to a substantially greater extent except where alteration, reconstruction, extension or a structural change to a single or two family residential structure does not increase the nonconforming nature of said structure. 1.4.2 Commencement of Construction or Operation. Construction or operations under a building permit or special permit shall conform to any subsequent amendments to these Bylaws, unless the use or construction is commenced within a period of not more than six months after the issuance of the permit and in any case involving construction, unless such construction is 1 continued through to completion as continuously and expeditiously as is reasonable. 1.5 ZONING AMENDMENTS. 1.5.1 Initiation. These Bylaws may be amended from time to time at an annual or special Town Meeting. An amendment may be initiated by the submission of a proposed amendment to the Board of Selectmen by the Board of Selectmen, Board of Appeals, Planning Board, an individual owning land in the Town to be affected by the amendment, ten registered voters of the Town if the amendment is to be acted upon at the annual Town meeting or 100 registered voters of the Town for a special town meeting, or the Metropolitan Area Planning Council. 1.5.2 Hearing. The Board of Selectmen shall submit proposed zoning amendments to the Planning Board within 14 days of receiving them. A public hearing shall be held by the Planning Board within 65 days after the proposed change is submitted to such Board. Notice of such hearings shall be mailed, postage prepaid, by the Planning Board to nonresident property owners who file an annual request not later than January 1, prepaying an annual fee of twenty five ($25.00) dollars. The Planning Board shall mail notice to owners of affected property, to their abutters, whether residents or not, and to others judged to have important interests affected by the proposal, in cases where that entails notice to not more than twenty parties, or in other cases where deemed appropriate by the Board. Hearing notices shall be designed to enable lay readers to clearly understand the matter to be considered. The town meeting shall not act upon any zoning amendment until the same has been reported on by the Planning Board as herein provided or until 21 days has elapsed after the Planning Board hearing without submission of such report. 1.5.3 Repetitive Petition. No proposed amendment to these Bylaws or the zoning map which has been unfavorably acted on by the Town meeting shall be considered on its merits by the Town meeting within two years after the date of such unfavorable action unless adoption of the proposed change had been recommended in the final report of the Planning Board to the Town meeting. 1.6 SEPARABILITY. The invalidity of any section or provision of these Bylaws shall not invalidate any other section or provision herein. 2 SECTION 2.0 DISTRICTS 2.1 ESTABLISHMENT. For the purposes of these Bylaws, the Town of Norwood is hereby divided into the following classes of districts. RESIDENTIAL DISTRICTS Single Residence S Single Residence - 1 S1 Single Residence - 2 S2 General Residence G Multifamily A BUSINESS DISTRICTS General Business GB Business Districts - Central CB Highway Business HB Limited Business LB INDUSTRIAL DISTRICTS Office-Research O Limited Manufacturing LM Limited Manufacturing A LMA Manufacturing M 2.2 OVERLAY DISTRICTS. In addition, the following overlay districts are also hereby established in Section 9.0: Flood Plain Overlay District FPOD Water Resource Protection Overlay District WRPOD Wireless Communications Services Overlay District WCSOD Downtown Apartment Overlay District DAOD Saint George Avenue Smart Growth Overlay District. SGASGOD 2.3 ZONING MAP. All districts herein referred to are located and bounded as shown on a map entitled "Town of Norwood, Mass., Zoning Map Supplementary to and Changing Original Zoning Map dated November 1926 and showing alteration of district boundaries under Amendment to Section 17 of the Zoning Bylaws as adopted June 15, 1928," dated April 27, 1935, bearing the signatures of the Planning Board and filed in the office of the Town Clerk, together with any and all amendments thereto subsequently adopted by the Town. Said map, together with all explanatory matter thereon, and amendments thereto, shall be deemed to accompany and be part of these Bylaws. 2.3.1 Boundary Determination. The location of the boundary lines of the districts shown upon 3 the Zoning Map shall be determined as follows: 1. Streets and Similar References. Where a boundary line is shown as following a street, railroad, or utility transmission line, the boundary shall be the centerline thereof unless otherwise indicated. Where a boundary line is shown as following or parallel to a street, utility, property or other line, said other line shall be deemed to be located as it existed on the date of the establishment of the zoning boundary line which is referred to it, and any subsequent changes in said other line (as through a street widening, relocation or abandonment, or a change of property) shall not alter the location of the zoning boundary line in question. 2. Property Lines. Where a boundary line is shown approximately on the location of a property or lot line and the exact location of the boundary line is not indicated by means of a figure, dimension, or otherwise, then the property or lot line shall be the boundary line. 3. Parallel Lines. Where a boundary line is shown outside of the lines of a street or railroad and approximately parallel thereto, such boundary line shall be deemed parallel to the exterior line thereof; and where a figure is placed upon the map between such boundary line and the street or railroad, it indicates the distance in feet of such boundary line from such exterior line (measured at right angles thereto, unless otherwise indicated). 4. Other Cases. In any case not otherwise covered by the provisions of this Section 2.3.1, the location of a boundary line shall be determined by the distance in feet, if given, from the other lines on the map or, if distances are not given, by the scale of the map. 5. Uncertainty. Wherever any uncertainty exists as to the exact location of a boundary line, the location of such a line shall be as determined by the Inspector of Buildings, with the advice and assistance of the Town Engineer, who shall file a written report of his finding with the Town Clerk. Such finding shall be subject to the right of appeal in the manner hereinafter provided. 2.4 SPLIT LOTS 2.4.1 Lot Split by District Boundary Line. Where a district boundary line divides any lot existing at the time such boundary line is adopted, the lot shall be considered as if divided by that boundary into separate portions, with development of each portion of the lot to meet all requirements of the district in which it is located (including lot area, frontage, and yards) within that district. However, the lot shall be considered as a whole in the case of a use allowed in both districts, in which event the dimensional regulations of the district in which the majority of the lot frontage lies shall apply to the entire lot. 4 2.4.2 Lot Split by Town Line. When a lot in one ownership is situated in part in the Town of Norwood and in part in an adjacent municipality, the provisions of these Bylaws shall be applied to that portion of the lot lying in the Town of Norwood in the same manner as if the entire lot were situated therein. 5 SECTION 3.0 USE REGULATIONS 3.1 PRINCIPAL USES. Except as hereinafter provided for Major Projects and for existing nonconforming uses or structures, no building or structure shall be constructed, and no building, structure or land shall be used, in whole or in part, except as permitted under Section 3.1.6, Table of Use Regulations. Uses permitted and uses allowed on special permit shall be in conformity with all the density and dimensional regulations and other pertinent requirements of these Bylaws. 3.1.1 By Right and Prohibited. A use listed in the Table of Use Regulations is permitted as of right in any district under which it is denoted by the letter "Y" subject to such restrictions as may be specified elsewhere in these Bylaws. A prohibited use is denoted by the letter “N”. 3.1.2 Special Permit; Board of Appeals. A use designated in the Table by the letters "BA" may be permitted as a special permit only if the Board of Appeals so determines and grants a special permit therefore as provided in Section 10.4 of these Bylaws subject to such restrictions as are set forth elsewhere in these Bylaws, and such restrictions as said Board may establish. 3.1.3 Special Permit: Planning Board. A use designated in the Table by the letters "PB" may be permitted as a special permit only if the Planning Board so determines and grants a special permit therefore as provided in Section 10.4 of these Bylaws subject to such restrictions as are set forth elsewhere in these Bylaws, and such restrictions as said Board may establish. 3.1.4 Interpretation. Where a use might be classified under more than one of the categories set forth in the Table of Use Regulations, the more specific category shall determine permissibility. If equally specific, the more restrictive category shall govern. A use not classifiable under any listed category is forbidden in all zoning districts. 3.1.5 Table of Use Regulations. 6 Office & Industrial District Business Residential 7 S Y1 N SY2N G NN N AY Y N GYBNY N CB YANHYB BAN YBYBA OY BYA YNMNBAYLNMAN MN NN NN N N N N N N 2 BA BA BA BA BA BA BA BA BA BA 1 USE A. 1.Ssig.cfnlfll.depulyirettiroerstlidgiilmgtrntl nce N N N N N BA BA GB CB HB LB O LM LMA M A G S2 8 S1 S Y Y Y YY Y Y Y Y Y YBA Y YY BA Y YABAN Y BA BANYYBABA YYBAY NYBY Y YY BY Y Y BYY YY BAN YABANN Y BAN B. 1.setlgipt.pfiacutrioiotuuseynien.eclaloietc7iuriolahadEacaastslsAovrcasiAaiyn BA BA BA BA BA BA 9 Y BA Y Y BA Y Y BA Y YYN Y YYN Y YNYN Y YNYN YY NYAY Y NBAYY NYBAYY B NA Y Y YA Y Y YN Y Y YY Y C. 1.EnxcastvaveEteeneivetoe.Caiilzetlemerti1alfthitstcotssrndtilteA N Y GB N YCB NYHB NYLB YOA BYALM B NALMA N Y BA N N N N BA 3 10 S S1 S2 NG A N GBN NNBNN NHNN N N LN NN NOYYN N LYYNYNNLNYAYY NMYY NNN YN NNNYYNBAPNY BBANPY NBA D.ARete.toirr,tudkl.ofeielfuoolltbrrlbt5rieeiuirlietn0rciiothjhesr.oeruiuiecslatotrlndmyosr,rgrmSNrcignhB3,eANN N NNNN N NN B 9 N N N Y 6 BA 6 Y 6 Y 11 S N S1 N SN2 N NN N N N GNB NCNB YNHBN Y YLYN YOYN Y LY N BALMNA BAMYN BA YBA YBA BA E. 1.iteWrsis2.varirofluaimellataorttonr7.utdiNg N N N N PB PB PB PB PB PB N BA BA BA 7 N N N Y 8 N BA BA BA 8 6 N6 NN N YBA BA Y 6 Y6 Y 6 Y6 Y 4 N N BA BA BA N N N N N 12 BA 4 BA 4 N N N N NN BA N N NBA B NANY NNBA NNN YBA NNN NY NY BAN NY N N F. 1.P2reontuiryic5lor,arngrilbrlarel,git,ivytmbiadu2sltimslt,aolimAl NN NBYNN CNBYBNA HBYYBANLBYYY N OY BA YLBAY YLMA Y YM Y N 13 N N N N N N N N N N N N N N N N N N NNN NN N N NN NN Y N BA Y N BAY N BA BA G. 1.stlosalomtieowazaohr23imereiilstgtortnsoiftxictS2 N GN N N N GNB Y CB YHB N Y LB N NO N N LM N Y LNA Y MN 14 S N S1 N SN N N N N N N N G BAN YNCNBAN YNHBY NYNNLYN NNAOYNN NBALBABA NLNMANNAM Y NBYAYYNB NA YYNBNA NN NBBA NNBB H.TVa1nPulaCmtorvaatte.noftesicoiiilerepsyetndit4ed5.ti.,tutomteaiipalorntprNaoidgebtvcengN NN N N B NAN NBN A N N BAN N Y BAN BA 15 S S1N N N2 N N NG N N NA N N GNBN NCNBN NHBNN NLB N NON N NLN N NLNMABAMN BA Y N BA Y Y I.Raeu.actormooytgicessirucbciiirg,ree Section 7.)N BAN BAN BAN BAN BN BA BN BAY BY 16 S Y S1 Y Y S2 Y Y GYN Y Y A N Y Y GB NY YYCB NYYBAB Y NBYABYY NBYA YYYYBAY Y NYBAAYYYNBAA NYBNBA YY NBAA Y BNBA Y NBA J. 1.cHo..LryFasetoionrreeal.(.m8.horac.Rnfgiit(nofevtettfchYtttsrlripdiddltlindtognstore N Y N YY N YY Y YY Y Y Y Y YY Y Y BA 10 9 9Y Y Y 9 Y YY Y YY Y YY Y YY Y YY Y YY Y Y Y 9 9Y Y 9 Y 9 9 Y Y 9 Y 17 9 9Y Y 9 Y 9 9Y Y 9 Y S YS1 S2 YG N A Y N GBN N CBYN NHB NY NLB NN Y N N Y LNMNN YLMNANYNY M NNYY NNYY BYNYY BAYY BA K. 1.vutisoi,ick,.streatin4itceorlehrrchhien-allortetflmultdurrduurls,olatet.lnaibriltnmaichisaltalof pastceipal 18 N N N N N BA BA BA BA NY BA BA BA Y 10.Rhecl.sirlnoemnjyfs,ntfrfteorentlnof 3.1.6 Notes to Table of Use Regulations. 1. Provided that: the dwelling existed on July 21, 1927 and is located on a lot meeting current lot area requirements for a single-family dwelling at that location; No interior enlargement is made which, together with any changes made during the preceding five years, increases the gross floor area of the house by more than 50 percent. 2. Assisted Living Residences are subject to Section 8.1. 3. Requires outdoor dining permit from the Board of Selectmen 4. Must be located on same premises as a dwelling unit. 5. Provided that the exterior of the building retains its residential appearance. 6. Not over 5,000 square feet gross floor area. 7. Not over 1,000 square feet gross floor area. 8. Not more than five persons regularly employed. 9. Change to “BA” when accessory parking is located in a residential district and serves a nonresidential use located on the same lot 10. Subject to Section 3.2.3. 3.2 MAJOR PROJECTS 3.2.1 Applicability. Authorization for a net addition of more than twenty-five thousand square feet net floor area in nonresidential use or parking or storage for one hundred or more motor vehicles, measured cumulatively subsequent to the effective date of this provision, will be considered a "Major Project" if on a single lot or a set of contiguous lots in the same ownership at any time subsequent to the effective date of this provision, except for individual additions or alterations increasing floor area or vehicle parking or storage on that lot or set of contiguous lots by less than 10%. 3.2.2 Special Permit Required. Major Projects require authorization through a special permit from the Planning Board under the provisions of Section 10.4. 3.3 HOME OCCUPATIONS 19 3.3.1 General. The use of a portion of a dwelling or of a building accessory thereto by a resident of the premises as an office, studio or workroom for the conduct of a profession or customary home occupation is allowed in all districts, subject to the following where that use would not be allowed as a principal use. In particular, uses permitted hereunder may include, but are not limited to, the office of a physician, dentist, lawyer, architect, engineer, real estate agent or insurance agent; the studio of an artist, musician or teacher; the workroom of a dressmaker, photographer; a beautician; a family day care provider; or facilities for incidental work and storage in connection with the off-premises occupation of a resident builder, carpenter, painter, plumber or other artisan, or a resident tree surgeon or landscape gardener. 3.3.2 Conditions. 1. Not more than two persons other than residents of the premises shall be regularly employed thereon in connection with such use. 2. No stock in trade shall be regularly maintained except for products of the occupation itself, or for goods or materials customarily used incidental to its performance. 3. Noise or other effects shall not be produced at levels observable at the lot lines in a amounts exceeding those normal from residential use. 4. No change shall be made which alters the residential appearance of the buildings on the premises. 5. There shall be no exterior display or other outward evidence that the premises are being used for any nonresidential purpose (except for an accessory professional sign as hereinafter permitted). 3.4 ACCESSORY USES 3.4.1 Swimming Pools. 1. Enclosure. Every outdoor swimming pool shall be completely surrounded at all times, whether or not filled with water, by a fence or wall not less than five feet in height. Each such fence or wall shall be so constructed as not to have openings, holes, or gaps larger than four inches in any dimension except for doors and gates and except for picket fences, whose gaps between pickets shall not exceed four inches. Every fence shall be anchored to posts set in the ground two feet or more. A building may be used as part of such enclosure. 2. Gate. All gates or doors opening through such enclosure shall be of not less than the same height as the fence or wall and shall be equipped with a self-closing and self latching device located not more than one foot below the top of the fence or wall for 20 keeping the gate or door securely closed at all times when not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped. Each such gate or door shall be kept locked at all times when the swimming pool enclosure is not in use. 3. Lighting. All lighting of an outdoor pool or its enclosure shall be directed at the pool and the source of the light shall be shielded from view from any street or adjoining property. Such lighting is subject to the requirements of Section 5.3. 4. Drainage. Provisions shall be made for drainage of pool water without creation of hazard or nuisance on adjacent properties or within public ways. Such drainage provisions must be approved by the Board of Health. 5. Setbacks. Every outdoor swimming pool hereafter constructed shall be set back not less than seven and one-half feet from any side or rear lot line of the premises on which it is constructed and not less than thirty feet from any street line. The setback distance shall be measured to the nearest point of the pool, including overflow gutters but exclusive of walkways or other poolside areas. No existing swimming pool shall be enlarged so as to violate any of the foregoing setback requirements. 6. Alarms. All doors with direct access to the pool through that wall shall be equipped with an alarm in accordance with Section 9.2 of 780 CMR, the State Building Code, as may be amended. 7. Occupancy Permit. No swimming pool shall be used until an occupancy permit is issued by the Inspector of Buildings. 3.4.2 Office - Research District Accessory Retail Sales. In Office - Research District, facilities for the sale of those products which are manufactured or stored by the user of the premises are allowed provided that: 1. One parking space for each 500 square feet of floor space devoted to such sales is maintained in addition to the requirements of Section 6.1 of these Bylaws; 2. Sales to persons, other than employees of the user, are limited to 2 days a month; 3. The gross floor space of such facilities are limited to 0.5% of the premises or 5,000 square feet, whichever is less; and 4. No products are to be brought upon the premises by the user solely for the purpose of selling the same under the provisions hereof. 3.4.3 Accessory Light Manufacturing. In Limited Business and General Business Districts, 21 light manufacturing is allowed as a use accessory to permitted principal uses, provided that: 1. Such manufacturing does not occupy more than 25% of the floor area on the premises; and 2. Off-premises sale of the manufactured product is only incidental to on-premises sales. 3.4.4 Accessory Scientific Research and Development. Uses, whether or not on the same premises as activities permitted as a matter of right, accessory to activities permitted as a matter of right, which activities are necessary in connection with scientific research or scientific development or related production, may be allowed upon the issuance of a special permit provided the Board of Appeals finds that the proposed accessory use does not substantially derogate from the public good. 3.4.5 Accessory Trailers and Major Recreational Equipment . 1. Residential Districts. Major recreational equipment may be stored in a Residential District only on premises owned or occupied by the owner of the goods, and only if within a building or to the rear or side of the principal building and not within ten feet of any lot side or rear lot line and no closer to the front line than the front of the building, unless the Board of Appeals grants a special permit where such location will not cause substantial detriment to the neighborhood. Such equipment may not be used for habitation, storage of materials, or any business purpose. 2. Nonresidential Districts. Trailers may be stored as an accessory use in nonresidential districts, provided that no such trailer shall be used for habitation or the storage of goods or merchandise. 3. Emergency Housing. A mobile home may be placed on premises of a residence destroyed by fire or other holocaust for temporary residence for a period of up to twelve months. 4. Construction Office. A trailer may be used for a temporary office incidental to construction or development on the premises under then current building permits. 3.5 TEMPORARY USES 3.5.1 Applicability. The Board of Appeals may authorize by special permit a temporary building, structure, or use not in conformity with the provisions of this BYLAWS, provided that the Board makes the following findings: 1. The general decision criteria of Section 10.4 are satisfied; 22 2. The reasons for the proposal have a limited duration, so there is assurance that the nonconformity will have no reason to be continued for more than three years; 3. The proposal does not depart from the apparent intent of the zoning BYLAWS for the vicinity in question; and 4. Such use will not be detrimental or injurious to persons, property or improvements in the vicinity or the town. 3.5.2 Term. The term of the special permit, if granted, shall be for not more than one year, subject to renewal for a total of not more than three years, whether or not consecutive. 23 SECTION 4.0 DIMENSIONAL REQUIREMENTS 4.1 GENERAL REQUIREMENTS 4.1.1 Table of Dimensional Requirements. The erection, extension, alteration, or moving of a structure or the creation of a lot or change in its size or shape (except through a public taking) must meet the requirements set forth in this Section 4.0 and the Table of Dimensional Regulations, except as may be otherwise set forth herein. 24 15 15 MaBx.ildingt 10 10 10310t10ft0 t10t10ft1008ft308t0 80ft960 ft604ft0 ft MiR.earard 35 ft ft0 t0 ft0 f10ft 10 f1t0 t0 ft5 ft25 t0 ft ft45 5 6 6 7 7 7 8 8 8 9 MinY.aride 25 ft25 ft 8 08ft 0 120 12 10 ft 11 13 MiF.rSnettback ReLqutiidtrouirSitucture MaFxlAoRaatio MiO.pSenace 25 TABLE OF DIMENSIONAL REQUIREMENTS MaCxo.Lort 3 3 23%50%50% 70%25%25%0.5 10%70.62 0.67t50 ft50150 ftt0 ft500 ft5 ft 3 90 ft0 ft 150 ft3t0%ft 50%85%25%% 25%Nio1t%it 0.50.t0.t5 150 ftft00ftft50 ftt0fftt 15 ft 30 ft MinF.Lnottage 1 2 2 2 220 2t 3 32503ft50 ft50 ft No limit 20 ft 0 ft 5,000 sf 3 acres 3 acres MinA.Laot 15,012,10,10,000 sf0 sf500 10,000 sf% 25%10,000 sfo Nlo50 ftimit251ft090 ft 30 ft0 20 ft20 15 f15 ft S2 S1 S G A LB O M CBHB GB LM LMA District 4.1.2 Notes to Table of Dimensional Requirements. These notes shall have the force and effect of law. 1. 7,500 square feet per dwelling unit if that results in more than the basic minimum. 2. For multifamily dwellings, 10,000 square feet plus 3,500 square feet per dwelling unit after the first unit. 3. One-story accessory structures have no requirement. 4. Fifteen feet for building portions not exceeding 15 feet height. Buildings other than dwellings, if not exceeding 15 feet height and set back from the street line by at least 100 feet, may attach to a building on a contiguous lot or have yard of as little as 10 feet. Accessory buildings (i.e., sheds), if not exceeding 120 square feet of gross floor area and 10 feet in height and 12 feet in length or width, may have yard as little as 5 feet. 5. Ten feet for building portions not exceeding 15 feet height. Buildings other than dwellings, if not exceeding 15 feet height and set back at least 75 feet, may attach to a building on a contiguous lot or have yard of as little as 10 feet. Accessory buildings (i.e., sheds), if not exceeding 120 square feet of gross floor area and 10 feet in height and 12 feet in length or width, may have yard as little as 5 feet. 6. For building portions not exceeding 15 feet height, yard may be 10 feet. Buildings, including dwellings, may attach to buildings on adjacent lots. Accessory buildings (i.e., sheds), if not exceeding 120 square feet of gross floor area and 10 feet in height and 12 feet in length or width, may have yard as little as 5 feet. 7. But not less than 10 feet from a residence district boundary. Any yard, if provided, shall be not less than 10 feet. 8. But not less than 150 feet from a residential district boundary. No yard required abutting a railroad right-of-way. 9. But not less than 75 feet from a residential district boundary. No yard required abutting a railroad right-of-way. 10. Ten feet for an accessory building not exceeding 15 feet building height. Accessory buildings (i.e., sheds), if not exceeding 120 square feet of gross floor area and 10 feet in height and 12 feet in length or width, may have yard as little as 5 feet. 11. Increase to 20 feet for any part of a building within 200 feet of a residential district having frontage on the same street in the same block. 26 12. Increase to 150 feet where the opposite side of the street is in a residential district (including any in an adjacent municipality). 13. Increase to 75 feet where the opposite side of the street is in a residential district (including any in an adjacent municipality). 14. Access for fire apparatus or personnel may require larger yards, as determined by the fire chief under board of Fire Prevention Regulations, 527 CMR 25.00. Where emergency access is required, not less than 15 feet of unobstructed width must be provided. 15. Increase by one foot for each foot by which all setback and yard requirements are, at minimum, exceeded, to a maximum of 60 feet in height. [Insert pictures – page 17] 4.1.2 Front Setbacks. 1. Corner and Through Lots. Front setbacks must be maintained from each street on which a lot abuts. 2. Setback Averaging. No building need provide a front setback larger than the average of the front setbacks on lots abutting on either side, with a vacant lot (or a lot having no building within three hundred feet from the building in question), or a lot providing a setback larger than the required minimum, or an intersecting street being counted as though occupied by a building providing that required minimum setback. 4.1.3 Lot Width. In all Districts, no building or structure, except a one-story accessory structure, shall be constructed on a lot having less lot width, measured through that portion of the building or structure where the lot is narrowest and at any point between the frontage street and the nearest part of said building, than the "Required Lot Width Through Building or Structure" specified in the Table of Dimensional Requirements. 4.1.4 Exceptions. 1. Inconsequential Change. Lot line changes to nonconforming lots are allowed provided that they create neither additional lots nor create an increase in any nonconformity. 2. Two or More Principal Buildings. Not more than dwelling shall be erected on a lot, unless so authorized on Special Permit under Section 4.2.1. Two or more other principal buildings may be erected on a lot only it lot area requirements can be met for each such 27 building without counting any land area twice. In addition, each such building must be served by access, drainage, and utilities determined by the Inspector of Buildings to be functionally equivalent to those required for separate lots by the planning board under its subdivision regulations. 4.2 SPECIAL REQUIREMENTS 4.2.1 Flexible Residential Development. Two or more dwellings in the A, GB, CB, HB, or LB Districts may be erected on a single lot without division into separate lots, provided that such use is authorized on special permit by the Board of Appeals, upon its determination that: 1. The number of dwelling units being erected does not exceed the number which could reasonably be expected through development on separate lots meeting lot area and frontage requirements; 2. Access, drainage, and utility service to each dwelling is functionally equivalent to that required for separate lots under the Planning Board's Subdivision Regulations; and 3. Both side and rear yards of the parcel shall meet rear yard requirements, and dwellings on the same lot shall be separated by no less than twice the side yard requirement. 4.2.2 Corner Visibility. At all street intersections in residential or limited business districts, a triangular sight protection area is hereby established, bounded by the exterior lines of intersecting streets and a line joining points on such lines which are twenty-five feet from their point of intersection (or in the case of a rounded corner, from the point of intersection of their tangents). Within that area, the following restrictions apply. 1. No buildings or portions thereof shall be located. 2. No nonbuilding structure and no open display, storage, or other open use shall be located unless the Inspector of Buildings determines that there will be no interference with traffic visibility across the corner. 3. Trees, shrubs, and other plantings shall similarly be located and trimmed to avoid interference with traffic visibility. 28 SECTION 5.0 NONCONFORMING USES AND STRUCTURES 5.1 APPLICABILITY. These Bylaws shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing required by G.L. c. 40A, s. 5 at which these Bylaws, or any relevant part hereof, was adopted. Such prior, lawfully existing nonconforming uses and structures may continue, provided that no modification of the use or structure is accomplished, unless authorized hereunder. 5.2 NONCONFORMING USES. The Board of Appeals may award a special permit to change a nonconforming use in accordance with this section only if it determines that such change or extension shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. The following types of changes to nonconforming uses may be considered by the Board of Appeals: 5.2.1 Change or substantial extension of the use; or 5.2.2 Change from one nonconforming use to another nonconforming use that is not more detrimental to the character of the district in which it is located than the existing use. 5.3 NONCONFORMING STRUCTURES. The Board of Appeals may award a special permit to reconstruct, extend, alter, or change a nonconforming structure in accordance with this section only if it determines that such reconstruction, extension, alteration, or change shall not be substantially more detrimental than the existing nonconforming structure to the neighborhood. Changes to single and two-family structures shall be governed by Section 5.4, below. The following types of changes to nonconforming structures may be considered by the Board of Appeals: 5.3.1 Reconstructed, extended or structurally changed; or 5.3.2 Altered to provide for a substantially different purpose or for the same purpose in a substantially different manner or to a substantially greater extent. 5.3.3 Variance Required. Except as provided in Section 5.4, below, with regard to single and two-family residential structures, the reconstruction, extension or structural change of a nonconforming structure in such a manner as to increase an existing nonconformity, or create a new nonconformity, shall require the issuance of a variance from the Board of Appeals; provided, however, the extension of an exterior wall at or along the same nonconforming distance within a required yard, shall require the issuance of a special permit from the Board of Appeals. 5.4 NONCONFORMING SINGLE AND TWO FAMILY RESIDENTIAL STRUCTURES. Nonconforming single and two family residential structures may be 29 reconstructed, extended, altered, or structurally changed upon a determination by the Inspector of Buildings that such proposed reconstruction, extension, alteration, or change does not increase the nonconforming nature of said structure. For the purposes of this subsection, the term “reconstruction” shall mean the partial, not total, reconstruction of a structure. The following circumstances shall not be deemed to increase the nonconforming nature of said structure as long as such addition does not increase the habitable floor area of the original structure by more than twenty five (25%) percent: 5.4.1 Insufficient Area. Alteration to a structure located on a lot with insufficient area which complies with all current setback, yard, building coverage, and building height requirements; 5.4.2 Insufficient Frontage. Alteration to a structure located on a lot with insufficient frontage which complies with all current setback, yard, building coverage, and building height requirements; or 5.4.3 Side Yard Encroachment. Alteration to a structure which encroaches upon one or more required yard or setback areas, where the alteration will comply with all current setback, yard, building coverage and building height requirements. 5.4.4 Increase in Nonconforming Nature. In the event that the Inspector of Buildings determines that the nonconforming nature of such structure would be increased by the proposed reconstruction, extension, alteration, or change because the above-stated criteria do not apply, the Board of Appeals may, by special permit, allow such reconstruction, extension, alteration, or change where it determines that the proposed modification will not be substantially more detrimental than the existing nonconforming structure to the neighborhood. 5.5 OTHER NONCONFORMITIES. Noncompliance with site development requirements, such as parking, landscaping, and lighting standards, does not make the premises nonconforming in use or structure, so changes, extensions, or alterations to existing uses and structures do not require a special permit simply because of such site development noncompliance. However, any change, alteration, or extension in use which increases the extent of noncompliance in site development may be allowed only on special permit, to be granted provided that the board of appeals determines that such change, alteration, or extension is not substantially more detrimental to the neighborhood than the existing condition. 5.6 ABANDONMENT OR NON-USE. Any nonconforming use or structure which has been abandoned, or not used for a period of twenty four months, shall lose its protected status and be subject to all of the provisions of this zoning BYLAWS. 5.7 RECONSTRUCTION AFTER CATASTROPHE OR DEMOLITION. Any nonconforming structure may be reconstructed after a catastrophe or after demolition in accordance with the following provisions: 30 5.7.1 Two Years. Reconstruction of said premises shall commence within twenty four months after such catastrophe or demolition. 5.7.2 As of Right. Buildings as reconstructed shall be located on the same footprint as the original nonconforming structure, shall be only as great in volume or area as the original nonconforming structure. 5.7.3 By Special Permit. In the event that the proposed reconstruction would (a) cause the structure to exceed the volume or area of the original nonconforming structure or (b) cause the structure to be located other than on the original footprint, a special permit shall be required from the Board of Appeals prior to such demolition. 5.8 REVERSION TO NONCONFORMITY. No nonconforming use shall, if changed to a conforming use, revert to a nonconforming use. 31 SECTION 6.0 GENERAL REGULATIONS 6.1 OFF-STREET PARKING AND LOADING REQUIREMENTS 6.1.1 Applicability. Off-street parking must be provided to service all increases in parking demand resulting from new construction, additions, or change of use to a use requiring more parking, without counting any existing spaces needed to meet requirements for the existing building and use. The number of spaces indicated in this Section shall be the basis for determining adequacy of provisions. Any existing spaces removed by development shall be replaced in kind unless they are either in excess of the number required or removed at the request of the town. Parking spaces also serving as loading areas shall not be credited towards meeting these requirements. 6.1.2 Special District Reductions. In the Central Business, General Business, and Limited Business districts the following provisions shall apply. 1. Off-street parking need be provided to serve nonresidential uses in those districts only if the number of required spaces exceeds twenty for uses in the central business district or five for uses in the general or limited business districts. 2. Legal on-street parking may be credited towards meeting these requirements if located between the premises, side lot lines on the same side of the street. 3. In the Central Business District only, the required number of spaces for nonresidential uses shall be 50% of the number indicated in this Section. 6.1.3 Schedule of Minimum Requirements. Parking shall comply with the following: 32 SCHEDULE OF MINIMUM REQUIREMENTS A. Dwellings Three parking spaces per dwelling unit having more than one bedroom One per dwelling unit for all other dwelling units B. Places of public One parking space for each three persons capacity based on assembly the Massachusetts State Building Code C. Rooming Houses One and one-half spaces per rental room D. Hotel, motel, other One parking space for each guest unit, plus one parking space commercial for each units or fractions thereof accommodations E. Nursing home one One parking space per three patient rooms parking space per three patient rooms F. Hospital Two and one-half parking spaces per bed G. Assisted Living 0.5 parking spaces per dwelling unit, plus one space per three Residence employees H. Restaurant One parking space per 3 persons seating capacity, plus 3 spaces per take out window or counter position dedicated to take out services I. Commercial recreation One parking space per two persons participant capacity, plus one space per three persons spectator capacity J. Auto service station 3 parking spaces, plus 3 parking spaces (which may be parked in "tandem," i.e. bumper-to bumper, requiring attendant assistance) per service bay K. Other service One parking space per 250 square feet of gross floor area on establishments, retail the ground plus one space per 400 square feet gross floor area businesses, and offices on other floors, but not fewer than three spaces per separate enterprise L. Medical or dental office One parking space per 200 square feet of gross floor area on or laboratory; clinic the ground plus one space per 300 square feet gross floor area on other floors, but not fewer than four spaces per separate enterprise M. Whole sale and One parking space per 250 square feet of office area plus one industrial establishments space per 500 square feet of production area plus one space per 2,000 square feet of storage area, but capable of expansion to nor fewer than one space per 500 square feet gross floor area N. Child care center or One space per number of employees on largest shift, plus one family day care space per every six children enrolled 0. Other uses A number of spaces to be determined by the inspector of buildings based upon evidence from similar uses under similar circumstances 33 6.1.4 Loading Area Location and Design. 1. Proximity. Required parking for nonresidential uses shall be either on the same lot as the activity it serves, or in a separate parcel if the parcel is located within 500 feet (800 feet for employees) walking distance of the building entrance to be served, is located in a zoning district permitting or allowing on special permit the activity it serves, and is permanently committed to serving the use involved. 2. Setback. Parking lots having seven or more parking spaces shall be set back from the street line at least as follows: 3. CB District: No requirement; 4. Setbacks from Route 1: 20 feet, landscaped as required at Section 6.4, Landscaping and Screening; or 10 feet if 50% more than the number of otherwise required shrubs is provided, and a landscaping plan is submitted prepared by a registered landscape architect; 5. All other locations: 5 feet, landscaped as required at Section 5330 Landscaping and 6.1.5 Parking Configuration. Dimensions of spaces and aisles shall adequately provide for clearance and movement, and shall accommodate needs of the handicapped in designated spaces. The planning board shall, following consultation with the town engineer, adopt, and may from time to time amend, standards for such dimensions, reflecting current vehicle sizes, and reflecting the distinction between the functional needs of active parking spaces and of spaces for storage or display of vehicles intended for sale. 1. All parking facilities serving new buildings and having seven or more parking spaces shall be so designed that no vehicle entering or exiting a parking space is required to back onto or off of a public way. 6.1.6 Parking Design and Construction. Access drives are subject to the same use restrictions as the use they serve, so must be located in a district allowing that use, or if granted a special permit, in a district permitting that use of special permit. 1. Parking area egress location and design and parking area construction shall be consistent with standards and specifications to be established by the Superintendent of Public Works. 6.1.7 Parking Structures. Parking shall be maintained only at ground level, not either elevated above grade or depressed below grade in structures provided, however, that above and below grade parking structures shall be allowed in an Economic Opportunity Area duly established 34 pursuant to the Massachusetts Economic Development Incentive Program approved by the Board of Selectmen and Town Meeting. Said parking structures shall otherwise be in conformity with the height and other dimensional requirements of this BYLAWS. 6.1.8 Loading Requirements. Except in the Central Business District, which is exempt from this requirement, adequate off-street loading facilities and space must be provided to service all needs created by construction of new structures. 1. Required facilities shall be so sized and arranged that no trucks need back onto of off of a public way, or be parked on a public way while loading, unloading, or waiting to do so. 6.1.9 Bicycle Racks. For premises requiring 40 or more parking spaces, bicycle racks facilitating locking shall be provided to accommodate one bicycle per 20 parking spaces required or fraction thereof. 6.1.10 Typical Parking Dimensions. Parking shall comply with the Table set forth below: TYPICAL PARKING DIMENSIONS IN FEET Stall Width Stall Stall Wall Interlock Parallel to Depth Depth to Aisle to to Parking Angle Aisle to Wall Interlock Width Wall Interlock 45o 8.5 ft. stall 12 17.5 15.3 13 48 44 9.0 ft. stall 12.7 17.5 15.3 12 47 43 9.5 ft. stall 13.4 17.5 15.3 11 46 42 o 60 8.5 ft. stall 9.8 19 17.5 18 56 53 9.0 ft. stall 10.4 19 17.5 16 54 51 9.5 ft. stall 11 19 17.5 15 43 50 75o 8.5 ft. stall 8.3 19.5 18.8 25 64 63 9.0 ft. stall 9.3 19.5 18.8 23 62 61 9.5 ft. stall 9.8 19.5 18.8 22 61 60 90o 8.5 ft. stall 8.5 18.5 18.5 28 65 65 9.0 ft. stall 9 18.5 18.5 26 63 63 9.5 ft. stall 9.5 18.5 18.5 25 62 62 6.1.11 Specific Requirements. 1. Short-Term Parking: 9.5' wide. Short-term parking shall include but not be limited to parking of one hour (1Hr.) or less. 2. Medium-Term Parking: 9.0' wide. Medium-term parking shall include but not be limited to all other parking not otherwise defined as short-term parking as provided herein. 35 3. Long-Term Parking: 8.5' wide. Long-term parking shall include but not be limited to parking for a substantial portion of the normal work period. 4. Parallel Parking: 8' wide by 22' long - aisle width: 25 feet 6.1.12. Special Permit. When a proposed use or structure requires site plan review from the Planning, the Planning Board may, by special permit, authorize a deviation form any parking or loading requirement set forth in this Section 6.1, provided that such relief shall not result in substantial detriment to the neighborhood. When a proposed use or structure does not require site plan review, the Zoning Board of Appeals shall serve as the special permit granting authority for such relief. 6.2 SIGNS 6.2.1 Purpose. The following sign regulations are intended to serve these objectives: 1. Protect and enhance the visual environment of this town and the safety, convenience and welfare of its residents; 2. Facilitate efficient communications to ensure that people are able to receive the messages they need or want; 3. Promote good relationships between signs and the buildings and environment to which they relate; and 4. Support business vitality by avoiding burdensome procedures and restrictions. 6.2.2 Permit Procedures. No sign shall be erected, placed or improved prior to the issuance of a sign permit issued by the Inspector of Buildings, except as exempted herein. Application for a sign permit shall be made in writing on a form furnished by the inspector of buildings and shall include plans as required and a fee as established. 1. Inspector’s Action. The Inspector of Buildings shall act upon the application within thirty days after the filing of the completed application. If the proposed sign conforms to this bylaw, the sign permit shall be issued. If the sign permit is not granted, the Inspector of Buildings shall notify the applicant in writing, citing the reason(s) for denial. The applicant may reapply, complying with these Bylaws or appeal the decision of the Inspector of Buildings to the Board of Appeals. 2. Permit Duration. Any sign permit duly issued shall be deemed invalid unless the sign authorized by it has been commenced within six months after its issuance. The Inspector 36 of Buildings may authorize in writing a single six month extension upon written petition of the applicant. 6.2.3 Location. 1. Location. No sign shall extend above the wall to which it is attached, and no sign shall be located on the roof of any structure in any district, except for decorative roof-like structures (often termed "mansards") with pitch no less than 20 vertical in 12 horizontal. 2. Projection. The following shall be observed by all signs except those on awnings, to which it does not apply. No sign parallel to the wall to which it is attached shall project more than twelve inches from the face of that wall and no sign perpendicular to the wall shall project by more than six feet from it. Unless permitted by the Board of Selectmen, only a sign whose face is parallel with the wall surface to which it is attached may extend into, on, or over a public sidewalk, street, or way, and then by not more than six inches. 3. Overhanging Signs. Any sign which projects into, on, or over a public sidewalk, street, or way is subject to the provisions of Article 14 of the State Building Code regulating signs projecting into, on, or over a public sidewalk, street, or way and shall be subject to bonding and/or insurance requirements as determined by the Board of Selectmen. 6.2.4 Illumination. 1. Lighting Type. In all Districts except the CBD District, signs shall be illuminated only by steady, stationary light either internal to the sign or directed solely at it by light sources shielded and directed away from any abutting street or residential district. 2. CDB District. Any internally illuminated sign in the CBD District shall require the grant of a special permit from the Planning Board. 3. Hour
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