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Zoning By-Law of the Town of Dedham Town of DEDHAM MASSACHUSETTS Dedham Planning Board Michael A. Podolski, Chairman John R. Bethoney, Vice Chairman Robert D. Aldous, Clerk Ralph I. Steeves James O’Brien Revised Thru January 2008 Tab le of Contents Section 1.0 Purpose andAuthority 1. 1.1. Purpose 1. 1.2. Authority 1. 1.3. Scope 1. 1.4. Applicability 1. 1.5. Amendments 1. 1.6. Separability 1. Section 2.0 Establishment of Districts 2. 2.1. Types of Districts 2. 2.1.1. General 2. 2.1.2. Overlay Districts 2. 2.1.3. Location of Districts 3. 2.1.4. Location of Boundaries 3. Section 3.0 Use Regulations 4. 3.1. Principal Uses 4. 3.1.1. General 4. 3.1.2 Exempt Agricultural Uses; State Building Code 4. 3.1.3. Use Regulation Table 4. 3.1.4. Classification. 4. 3.1.5. Major Nonresidential Project 4. 3.1.6. Footnotes to Use Regulation Table 5. 3.2. SpecialAccessory Uses inAll Districts 7. 3.2.1. Trailers 7. 3.2.2. Scientific Accessory Uses 8. 3.3. Nonconforming Uses and Structures 8. 3.3.1. Applicability 8. 3.3.2. Nonconforming Uses 8. 3.3.3. Nonconforming Structures 8. 3.3.4 Variance Required 8. 3.3.5 Nonconforming Single and Two Family Residential Structures 9. 3.3.6. Abandonment or Non-Use 9. 3.3.7. Reconstruction after Catastrophe or Demolition 9. 3.3.8. Reversion to Nonconformity 10. Section 4.0 Dimensional Regulations 11. 4.1. Table of Dimensional Requirements11. 4.2. Height of Buildings and Structures 12. 4.2.1. Buildings Permitted in Residential Districts 12. 4.2.2. Buildings Permitted in Nonresidential Districts 12. 4.2.3. Projections and Structures 12. 4.2.4. Special Permit 12. i 4.3. Special Set Back andYard Exceptions 12. 4.3.1 General 12. 4.3.2 Special Permit 13. 4.3.3 Special Set Back Requirements in Nonresidential Distric1 ts. 4.4 Group Housing Projects 13. 4.4.1 General 13. 4.5. Special Lot Size Exceptions for Dwellings 13. 4.5.1. General 13. 4.6. Reduction of Occupied Lots 14. 4.7. Separate Lots for Dwellings 14. 4.8. Irregularly Shaped Lots 15. Section 5.0 General Regulations 16. 5.1. Off-Street Parking Requirements 16. 5.1.1. Purpose 16. 5.1.2. Basic Requirement 16. 5.1.3. Change of Use/Increased Parking Demand 16. 5.1.4. Special Conditions 17. 5.1.5 Exceptions 17. 5.1.6 Procedure 18. 5.1.7 Requirements for Existing Non-Conforming Uses and Buildings 19. 5.1.8. Board ofAppeals Special Permit 19. 5.1.9. Parking Lot Design Standards 19. 5.1.10. Construction Standards 20. 5.1.11. Location of ParkingArea 20. 5.1.12. Zoning District Requirements; Residential 21. 5.1.13. Zoning District Requirements; RDO Districts 21. 5.1.14. Constructionelay 21. 5.1.15. Required Parking Spaces 22. 5.2. Landscaping and Screening 23. 5.2.1. Purpose 23. 5.2.2. Applicability 23. 5.2.3. Waiver of Spaces for Landscaping 23. 5.2.4. Landscaped Areas 23. 5.2.5. Planting Requirements 24. 5.2.6. Seasonal Planting Waiver 24. 5.3. Enclosure of Uses 25. 5.3.1. General 25. 5.3.2. Special Permit 25. 5.4. Screening of Uses 25. 5.4.1. General 25. ii Section 6.0 Special Regulations 27. 6.1. Adult Uses 27. 6.1.1. Special Permit 27. 6.1.2. Conditions 27. 6.2. Hospital and Related Facilities 27. 6.2.1. General 27. 6.2.2. Infrastructure 28. 6.2.3. Dimensional Regulations 28. 6.2.4. Landscaping Requirements 28. 6.2.5. Buffer Zone 29. 6.3. Planned Commercial Development Standards 29. 6.3.1. General 29. 6.3.2. Standards 29. 6.4. Temporary Uses 30. 6.5. Earth Removal Retaining Walls 30. 6.5.1. Earth Removal 30. 6.5.2. Retaining Walls 31. Section 7.0 Special Residential Regulations 32. 7.1. Planned Residential Development Standards 32. 7.1.1. General 32. 7.1.2. Standards 32. 7.2. Conversion of Single Family to Two-Family Dwelling 33. 7.2.1. General 33. 7.3. Multifamily Residential Complex 33. 7.3.1. General 33. 7.3.2. Site Plan Review 35. 7.3.3. Accessory Uses 35. 7.4. Subsidiary Apartments 35. 7.4.1. General 35. 7.4.2. Conditions 36. 7.5. Assisted Living Facilities 36. 7.5.1. General 36. 7.5.2. Conditions Ð Infrastructure 37. 7.5.3. Dimensional Regulations 37. 7.5.4. Landscaping Requirements 37. 7.5.5. Buffer Zone 38. 7.5.6. Accessory Uses 38. 7.5.7. Nonresidential Uses 38. 7.6. Senior Campus District 39. 7.6.1. Character and Purpose 39. 7.6.2. Establishment 39. 7.6.3. Applicability 39. 7.6.4. Use Regulations 39. 7.6.5. Dimensional and Related Controls 41. iii 7.6.6 Landscaping Requirements 42. 7.6.7. Off-Street Parking and Related Requirements 43. 7.6.8. Site Plan Review in SC District 47. 7.7. Special Residential Regulations 54. Section 8.0 Overlay Districts 56. 8.1. Flood Plain Overlay District 56. 8.1.1. Purpose 56. 8.1.2. Location 56. 8.1.3. Applicability 56. 8.1.4. Reference to Existing Regulations 56. 8.1.5. Procedures 57. 8.1.6. Base Flood Elevation Data 57. 8.1.7. WatercourseAlteration and Relocation 58. 8.1.8. Review of all Project Proposals 58. 8.1.9. Permitted Uses 58. 8.1.10. Prohibited Uses 59. 8.1.11. Portion of Parcel within FPOD. 60. 8.1.12. Federal Flood Insurance Program 60. 8.2. Aquifer Protection Overlay District 60. 8.2.1. Purpose 60. 8.2.2. Definitions 60. 8.2.3. Location 62. 8.2.4. Scope ofAuthority 62. 8.2.5. Permitted Uses 62. 8.2.6. Prohibited Uses 63. 8.2.7. Uses Permissible by Special Permit 64. 8.2.8. Criteria forApproval by the Board ofAppeals 65. 8.2.9. Other Boards 66. 8.2.10. Reimbursement of Costs 66. 8.2.11. Design and Operation Guidelines 66. 8.2.12. Violations 67. 8.3. Wireless Communications Services Overlay District 68. 8.3.1. Purpose 68. 8.3.2. Establishment 68. 8.3.3. Applicability 68. 8.3.4. Use Regulations 68. 8.3.5. Site Plan Review 69. 8.3.6. Dimensional Requirements 70. 8.3.7. Performance Standards 70. 8.3.8. Co-Location of Wireless Communication Equipment 70. 8.3.9. Coexistence with Other Uses 71. 8.3.10. Exemptions 71. iv Section 9.0 Administration and Procedures 72. 9.1 Administration 72. 9.1.1. Execution 72. 9.1.2. Enforcement 72. 9.1.3. Emergency Powers Granted to Building Inspector 72. 9.2. Board ofAppeals 72. 9.2.1. Establishment 72. 9.2.2. Powers 73. 9.2.3. Rules & Regulations 73. 9.2.4. Fees 73. 9.2.5. Quorum 73. 9.2.6. Meetings and Records 73. 9.3. Special Permits 74. 9.3.1. Special Permit GrantingAuthority 74. 9.3.2. Criteria 74. 9.3.3. Procedures 74. 9.3.4. Other Boards 74. 9.3.5. Conditions 75. 9.3.6. Plans 75. 9.3.7. Regulations 75. 9.3.8. Fees 75. 9.3.9. Lapse 75. 9.4. Special Permit for Major Nonresidential Project 75. 9.4.1. Purpose 75. 9.4.2. Applicability 76. 9.4.3. Application & Review Procedure 76. 9.4.4. Contents and Scope of theApplication 77. 9.4.5. Statements 78. 9.4.6. Development Impact Standards 78. 9.4.7. Required Traffic Standards 79. 9.4.8. Recommended Traffic Standards 79. 9.4.9. Required Environmental Standards 79. 9.4.10. Recommended Environmental Standards 80. 9.4.11. Required Community and Fiscal Standards 80. 9.4.12. Recommended Community and Fiscal Standards 81. 9.4.13. Planning Board Findings andAction 81. 9.4.14. Conditions, Limitations and Safeguards 82. 9.4.15. Administration 82. 9.5. Site Plan Review 83. 9.5.1. Purpose 83. 9.5.2. Applicability 83. 9.5.3. Application 83. 9.5.4. Parking Plan 84. 9.5.5. Regulations 84. 9.5.6. Procedures 84. 9.5.7. Coordination with Special Permit 85. 9.5.8. Expiration of Site PlanApproval 85. v 9.6. Design ReviewAdvisory Board 85. 9.6.1. Establishment 85. 9.6.2. Duties 86. 9.6.3. Jurisdiction 86. 9.6.4. Applicability 86. 9.6.5. Procedures 87. . Section 10.0 Definitions 88. Tables Table 1 Use Regulation Table after page 4 Accessory Use Table Table 2 Dimensional Requirements after page 11 Table 3 Parking and Loading Regulations after page 22 Table 5 Multi-Family Regulations page 34 Table 6 Assisted Living Facility Regulations page 37 Table 7 Senior Campus Housing after page 41 vi TOWN OF DEDHAM ZONING BYLAWS REVISED JANUARY, 2008 SECTION 1.0 PURPOSE AND AUTHORITY 1.1 PURPOSE. These regulations are enacted to promote the general welfare of the Town of Dedham, to protect the health and safety of its inhabitants, to encourage the most appropriate use of land throughout the town, to preserve the cultural, historical and agricultural heritage of the community, to increase the amenities of the town, and to reduce the hazard from fire by regulating the location and use of buildings and the area of open space around them, all as authorized by, but not limited to, the provisions of the Zoning Act, G.L. c. 40A, as amended, Section 2A of 1975 Mass. Acts 808, and by Article 89 of the Amendments to the Constitution of the Commonwealth of Massachusetts. 1.2 AUTHORITY. This Zoning By-Law is enacted in accordance with the provisions of the General Laws, Chapter 40A, and any and all amendments thereto. 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 the Zoning By-Law. 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 this By-Law imposes greater restrictions than those imposed by any other regulations, permits, restrictions, easements, covenants, or agreements, the provisions of this By-Law shall control. 1.5 AMENDMENTS. This By-Law may from time to time be changed by amendment, addition, or repeal by the Town Meeting in the manner provided in G.L. c. 40A, s.5, and any amendments thereto. 1.6 SEPARABILITY. The invalidity of any section or provision of this By-Law shall not invalidate any other section or provision herein. 1 TOWN OF DEDHAM ZONING BYLAWS REVISED JANUARY, 2008 SECTION 2.0 ESTABLISHMENT OF DISTRICTS 2.1 TYPES OF DISTRICTS 2.1.1 General. For the purposes of this by-law, the Town of Dedham is divided into following types of zoning districts: Residential Districts: Single Residence A SRA Single Residence B SRB GeRnerlenceGR Senior Campus District SC Nonresidential Districts: Administrative and Professional AP Limited Manufacturing LMA Limited Manufacturing Type B LMB Research Development & Office RDO GeBneiless GB HighwusnessHB CBnuriless CB Buciless LB 2.1.2 Overlay Districts. There are also established the following overlay districts: 1. Flood Plain Overlay District (FPOD) superimposed over other zoning districts or parts thereof so that the provisions of this By-Law pertaining to such underlying districts remain in effect, except where FPOD regulations impose different or additional, greater or more restrictive requirements. A use which falls within the Flood Plain Overlay District must comply with the requirements of Section 8.1. 2. Aquifer Protection Overlay District (APOD) superimposed over the other districts or parts thereof so that the provisions of this By-Law pertaining to such underlying districts remain in effect, except where APOD regulations impose different or additional, greater or more restrictive requirements. A use which falls within the Aquifer Protection District must comply with the requirements of Section 8.2. 3. Wireless Communications Services Overlay District (WCSOD) superimposed over the other districts or parts thereof so that the provisions of this By-Law pertaining to such underlying districts remain in effect, except where WCSOD regulations impose different or additional, greater or more restrictive requirements. 2 TOWN OF DEDHAM ZONING BYLAWS REVISED JANUARY, 2008 2.1.3 Location of Districts. Said districts herein before referred to are located as shown on a map of the Town of Dedham Mass., 1997, Scale 1" = 800', prepared for the Dedham Planning Board, signed by the Planning Board and filed in the office of the Town Clerk which map, together with detailed sketches, Appendix A, and all notations thereon, is hereby incorporated in and made a part of this By-Law. A vote of the Town adding or deleting zoning districts or changing their boundaries made in the form of a verbal description shall be incorporated in this By-Law in graphic form by addition to or alteration of the Zoning Map, but any delay or error in the revision of the Zoning Map shall not postpone or otherwise affect the effectiveness of an amendment. The Planning Board may from time to time add new streets and other geographical features to the Zoning Map to keep it reasonably current and to facilitate orientation, but no changes shall be made of the zoning districts, except pursuant to a vote of the Town. 2.1.4 Location of Boundaries. The location of the boundary lines of the districts shown upon the aforesaid zoning map shall be determined as follows: 1. 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 or otherwise, then the property or lot line shall be the boundary line. 2. Where a boundary line is shown outside of the lines of a street and approximately parallel thereto, it shall be deemed parallel to the nearest exterior line thereof; and a figure placed upon the zoning map between such boundary line and such exterior line indicates the distance in feet between the two lines, measured at right angles to the exterior street line unless otherwise indicated. 3. Where a zoning district boundary divides a lot, the entire lot area may be counted to meet the area requirements of the district in which the principal use of the lot is located. The active use, including buildings, access ways, parking, and storage, where permitted, may extend not more than 10 feet into the district in which such use is not permitted, provided that a special permit shall be required to extend such uses into any part of the lot located in a residence district SRA, SRB, or GR. 4. In any case not covered by the other provisions of this paragraph, the location of a boundary shall be determined by the distance in feet, if given from other lines upon the zoning map, or, if distances are not given, then by the scale of the map. 3 TOWN OF DEDHAM ZONING BYLAWS REVISED JANUARY, 2008 SECTION 3.0 USE REGULATIONS 3.1 PRINCIPAL USES 3.1.1 General. No new building or structure shall be constructed or used, in whole or in part and no building or structure, or part thereof, shall be altered, enlarged, reconstructed or used, and no land shall be used for any purpose or in any manner other than for one or more of the uses specifically permitted herein. 3.1.2 Exempt Agricultural Uses; State Building Code. Nothing in these use regulations shall be construed to prohibit agricultural, horticultural and floricultural uses or the expansion or reconstruction of existing structures on parcels which are more than five acres in area and further provided that no section of this by-law shall be construed to restrict or regulate the use of materials or methods of construction specifically regulated by the State Building Code. 3.1.3 Use Regulation Table. See Table 1. In the Use Regulation Table, the headings on each page shall denote the various zoning districts, and the symbols employed opposite each use listed shall have the following meanings: YES Use permitted as of right NO Usrohibited SP Use permitted only upon issuance of a special permit by the Board of Appeals PB Use permitted only upon issuance of a special permit by the Planning Board 3.1.4 Classification. Where any activity or use may be classified under more than one use designation in the Use Regulation Table, the more specific designation shall determine permissibility, if equally specific, the more restrictive shall govern. Additional restrictions on use may apply if located in a Flood Plain Overlay District or an Aquifer Protection Overlay District and a use shown as permitted in the Use Regulation Table is not exempt thereby from compliance with all other applicable provisions of the Zoning By-Law and with other laws, by- laws, regulations, and permitting or licensing requirements. 3.1.5 Major Nonresidential Project. Where the Use Regulation Table indicates that a Major Nonresidential Project (MNP) may be authorized by the issuance of a special permit, the Planning Board shall be the special permit granting authority. Where a use is not otherwise allowed as of right or by special permit in the district, such use shall not be allowed as a MNP in the district. 4 Town of Dedham, Massachusetts Principal Use Regulations Table 1 DISTRICTS PRINCIPAL USE- See Footnote explanations, Section 3.1.6 SRA GR PR PC19 RDO AP LMA LMB HB LB18 GB CB SRB A. Residential Uses 1. Single family detached house. YES YES YES NO SP NO NO NO NO YES YES NO 2. Alteration and use of existing single-family house as a dwelling for not more than two families. See Section 8.1 SP YES YES NO NO NO NO NO NO SP YES SP 3. Two-family or semidetached house consisting of two single family dwel liNO unYES sYESratNO by aNOartyNO NO NO NO SP YES SP wall 6 6 6 6 6 4. Buildings containing dwelling units in combination with stores or oth erNOermiNOed NOes. SP NO NO SP SP NO YES YES YES 5. Subsidiary apartments (See Section 7.4) NO NO NO SP NO NO NO NO NO NO YES YES 6. Assisted Living Residence (See Section 7.5). SP SP NO NO NO NO NO NO NO NO NO NO 7. Multi-Family Residential (See Section 7.3) SP NO NO NO NO NO NO NO NO NO NO NO DISTRICTS PRINCIPAL USE SRA GR PR PC19 RDO AP LMA LMB HB LB18 GB CB SRB B. Exempt and Institutional Uses 1.: Use of land or structures for religious purposes Y Y Y Y Y Y Y Y Y Y Y Y 2.: Use of land or structures for educational purposes on land owned or lea sed by the commonwealth or any of its agencies, subdivisions or bodies politic or by a religious se ct or denomination, or by a Y Y nonprofit educational corporation 3. Child care facility 3 Y Y Y Y Y Y Y Y Y Y Y Y 4. Governmental administration building, fire or police station; Use of the land for recreation or water Y Y Y Y Y Y Y Y Y Y Y Y supply by a public agency. 5. Any municipal facility or governmental use not specifically listed; Esse ntial services4SP SP SP YES YES SP SP SP YES 6. Hospital, nursing or convalescent home, outpatient facility, charitab le or philanthropic institution, or cemetary (but not including a place of detention or a correctional inst itution)SP NO NO SP NO YES YES YES SP SP YES DISTRICTS PRINCIPAL USE SRA 19 18 GR PR PC RDO AP LMA LMB HB LB GB CB SRB C. Agricultural and Open Land Uses 1. Orchard, truck garden, nursery, or similar open use of land on a parc el with less than five acres for agriculture, silviculture, viticulture, or horticulture, except the rais iYESof YESneYESoulNOy, orNOur YESmalYES YES NO YES YES YES and not including any salesroom or roadside stand. 2. Use of land for the primary purpose of agriculture, horticulture, floriYESltuYESorYESticYESure YESa YEScelYES YES YES YES YES YES of more than five acres in area.1 3. Facility for the sale of produce, and wine and dairy products, provid ed that during the months of June, July, August and September of every year, or during the harvest season o fYESe pYESarYESropYEShe mYESriYES YES YES YES YES YES YES of such products for sale, based on either gross sales dollars or volume , have been produced by the owner of the land containing more than five acres in area on which the f acility is located. 4. Other nonexempt salesroom or stand for the display and sales of agricultural and hortic ultural products, the major portion of which are grown on the premises. SP SP NO SP NO NO SP SP NO NO NO NO 5. Private recreational country, or tennis club, when not conducted for prYESt.YES YES YES NO YES YES YES NO YES YES NO 6. Boat launching site, tennis court, riding academy, outdoor skating ri nk, ski ground, or golf course SP SP YES YES SP NO YES YES YES YES YES NO not a miniature golf course or a driving range). DISTRICTS PRINCIPAL USE SRA 19 18 SRB GR PR PC RDO AP LMA LMB HB LB GB CB D. Office Uses 8 1. Medical office NO SP NO YES YES YES YES YES YES YES YES YES 2. Business or professional office NO NO NO YES YES YES YES YES YES YES YES YES 3. Banks or financial institution NO NO NO YES YES YES YES YES YES YES 9 YES YES 4. Freestanding automatic teller machines, not accessory to use of the proNorty NOr aNOank SP SP SP SP SP SP SP SP SP 5. Major Nonresidential Project NO NO NO PB PB PB PB PB PB PB PB PB See Footnote explanations in Section 3.1.6 DISTRICTS DISTRICTS GR PR PC23 RDO AP LMA LMB HB LB20 GB CB GR PR PC23 RDO AP LMA LMB HB LB20 SP SP YES YES YES SP YES YES YES SP SP SP YES SP YES NO NO NO NO NO NO NO NO SRASRB YES YES YES NO NOYES YES NOO NOONONOO NNONONO NOSONOO NOS NOSRARBS NOSO NOO NOSO NOOONOSO NOOYYESESNONYYESESNO YYESESNO YYESESNO YYESOYNO YYESSS ACCESSORY USE TABLE r YES YES NO NO NO NO NO NO NO NO NO I. Access1. Pcretgrcaitirtaeoerxieschssr2et.ftiyne)ssertet,opdethiadaneluclhinegerascr.iaagortoa aaicclcee,sosrorfyl,enor afteiismry toother similar bulding forted principal use a nd subject to requirements of thisdncidental and necessary toment. TOWN OF DEDHAM ZONING BYLAWS REVISED JANUARY, 2008 3.1.6 Footnotes to Use Regulation Table. In the Use Regulation Table, the footnotes refer to the following requirements. 1. Any greenhouse, heating plant accessory thereto, and any building or structure in which poultry, livestock, or horses are housed, and any storage or use of odor or dust producing material shall be located not less than 100 feet from side and rear lot lines. 2. Any building, structure, or ground area used therefor is located not less than 50 feet from side and rear lot lines, and further provided that any lot used as a riding academy shall have an area of not less than three (3) acres. 3. For facilities with more than six (6) children any outdoor activity area located within 50 feet of side or rear lot lines shall be separated therefrom by a solid fence or dense evergreen planting at least five feet in height. 4. The public use may include public utilities or communications uses and is necessary for service to the neighborhood or require a location in that vicinity for reasons of space or function. 5. Reserved for future use. 6. In Local Business, General Business or Central Business districts not more than two dwelling units may be located in a nonresidential building. 7. Reserved for future use 8. If the physician or dentist is not a resident of the premises, the floor area so used on one lot or several lots used as one establishment shall not exceed 2,000 square feet. 9. Provided that not more than five persons are regularly employed therein. 10. Must be of a size no greater than needed to serve the neighborhood in which the store is located, shall not have more than 1,500 square feet of selling and public use space, except by special permit from the Board of Appeals. 11. Provided that any display, whether open or enclosed, is not less than 50 feet from side and rear lot lines, and not nearer the exterior line of any street than the front yard depth required for a building in the district in which said display is located. 12. Provided that the store is similar to those listed in E. 1 in general character, hours of business, numbers of persons or cars attracted, and the effect on adjacent property and improvements, and that its stock in trade does not consist primarily of large bulky objects not subject to being carried away by the customers on their person or in their cars. 5 TOWN OF DEDHAM ZONING BYLAWS REVISED JANUARY, 2008 13. The floor area of the establishment used for work and storage shall not exceed 2,500 square feet. 14. The stock in trade shall not consist primarily of bulky objects which are not likely to be carried away on the person or in the cars of customers. 15. Provided that the area used by the public does not exceed 1,500 square feet and that no dancing, live, or mechanical entertainment is regularly provided, and subject to such other conditions as the Board of Appeals may impose regarding hours of operation, traffic, take-out service, etc. 16. Provided that the area used by the public does not exceed 2,000 square feet and that no dancing, live, or mechanical entertainment is regularly provided and subject to such other conditions as the Board of Appeals may impose regarding hours of operation, traffic, take-out service, etc. 17. Provided that this use does not interfere with the safety and convenience of pedestrian and vehicular movement in the area and in relation to adjacent streets, properties, and improvements. 18. In a Local Business District, it is the intent of this by-law that all structures and permitted uses be of a size that is no greater than is needed to serve the neighborhood in which it is located. Large supermarkets and similar businesses which will draw or create heavy volumes of traffic shall be avoided. Retail establishments and restaurants shall not have more than 1,500 square feet of selling and/or public use space except by special permit from the Board of Appeals. 19. PC -Planned Commercial development may be allowed on a lot or lots consisting of a minimum of 5 acres, located in the LMA, LMB, HB,GB, CB, or RDO Districts in accordance with Section 6.0, upon approval of a Major Nonresidential Project Special Permit. 20. Such establishments are secondary uses in RDO districts. They shall be located within the primary use buildings and are intended to service the occupants of such buildings and other non-residential buildings in the immediate vicinity. There shall be no exterior signs visible from abutting streets. 21. Including research, experimental and testing activities, which may include the development of prototypes and demonstration models, but not mass production. 22. Except SP if located on a lot having frontage on a major highway, that lot either having been established by plan or deed prior to the effective date of this By-Law (April 8, 1996) or, if newer, lying entirely within five hundred (500) feet of a major highway, and further provided that development on the lot will include direct access onto a major 6 TOWN OF DEDHAM ZONING BYLAWS REVISED JANUARY, 2008 highway and that projected traffic generation by all uses on the lot during the afternoon peak hour does not exceed 3.5 trip ends per 1,000 square feet of lot area, excluding passby trips but not diverted trips, based upon current trip generation materials from the ITE or other source acceptable to the Zoning Board of Appeals. 23. Except subject to the following if located on a lot having frontage on an existing or planned access directly onto a major highway, that lot either having been established by plan or deed prior to the effective date of this By-Law (April 8, 1996) or, if newer, lying entirely within five hundred (500) feet of a major highway: alteration to a use in this category, if legally existing on the lot as of the effective date of this By-Law (April 8, 1996), is allowed by right, not requiring a special permit, but requiring at least site plan (and Design Review Advisory Board) review if increasing the number of parking spaces on the lot, altering the location or configuration of driveway entrances, regardless of whether the applicability thresholds of Section 9.5 have been exceeded. Establishment of a new use in this category is allowed by special permit; and development in this category is not subject to note 20. 24. No second principal use is allowed on any lot containing a gasoline service station. Gasoline service stations shall not contain more than 100 square feet of interior retail sales and display area for non-automotive products as an accessory use except by Special Permit from the Zoning Board of Appeals. 25. See Section 7.6. 26. Provided that such use may be allowed only in a building in existence as of the effective date of this By-Law containing a minimum of 40,000 square feet and located on a lot with a land area of not less than 5 acres within the RDO District, and subject to such other conditions as the Board of Appeals may impose under Section 9.3.2 of the Zoning By-Law. Any Special Permit so granted shall be for a specified tenant or occupant and shall otherwise be non-transferable 3.2 SPECIAL ACCESSORY USES IN ALL DISTRICTS 3.2.1 Trailers. The Board of Appeals may, upon application and after a duly authorized hearing under the General Laws, grant permits for trailers, whether on wheels or not hereafter placed on any land within the Town which shall be used or occupied as a dwelling or residence, or for business, or office purposes, or storage of material relating to the business, for a period not exceeding thirty (30) days in the aggregate, for any one year. The Board of Appeals may also grant permits for longer periods of time by special exception to the terms of this section in harmony with the zoning regulations and statutes, or to do or act anything else in relation thereto. Except in accordance with a permit granted under this paragraph no use of a trailer on the premises shall be regarded as an accessory use to any business for more than twenty-four of any 7 TOWN OF DEDHAM ZONING BYLAWS REVISED JANUARY, 2008 forty-eight consecutive hours; provided, however, that trailers may be placed on a construction site in conjunction with a building project for the duration of said project with a Building Permit issued by the Building Commissioner. The location of construction trailers on a lot shall conform to the setback requirements of the district unless authorized by the Board of Appeals. 3.2.2 Scientific Accessory Uses. Uses whether or not on the same parcel as activities permitted as a matter of right, which are accessory to activities permitted as a matter of right and which are necessary in connection with scientific research or scientific development or related production may be permitted 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. 3.3 NONCONFORMING USES AND STRUCTURES. 3.3.1 Applicability. This zoning by-law 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 this zoning by-law, or any relevant part thereof, 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. 3.3.2 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: a. Change or substantial extension of the use; b. Change from one nonconforming use to another, less detrimental, nonconforming use. 3.3.3 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. The following types of changes to nonconforming structures may be considered by the Board of Appeals: a. Reconstructed, extended or structurally changed; b. Altered to provide for a substantially different purpose or for the same purpose in a substantially different manner or to a substantially greater extent; 3.3.4 Variance Required. Except as provided in subsection 3.3.5, below, the reconstruction, extension or structural change of a nonconforming structure in such a manner as to increase an 8 TOWN OF DEDHAM ZONING BYLAWS REVISED JANUARY, 2008 existing nonconformity, or create a new nonconformity, including the extension of an exterior wall at or along the same nonconforming distance within a required yard, shall require the issuance of a variance from the Board of Appeals. 3.3.5 Nonconforming Single and Two Family Residential Structures. Nonconforming single and two family residential structures may be reconstructed, extended, altered, or structurally changed upon a determination by the Building Inspector that such proposed reconstruction, extension, alteration, or change does not increase the nonconforming nature of said structure. The following circumstances shall not be deemed to increase the nonconforming nature of said structure: a. alteration to a structure located on a lot with insufficient area which complies with all current setback, yard, building coverage, and building height requirements, b. alteration to a structure located on a lot with insufficient frontage which complies with all current setback, yard, building coverage, and building height requirements. c. 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. In the event that the Building Inspector determines that the nonconforming nature of such structure would be increased by the proposed reconstruction, extension, alteration, or change, 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. 3.3.6 Abandonment or Non-Use. A nonconforming use or structure which has been abandoned, or not used for a period of two years, shall lose its protected status and be subject to all of the provisions of this zoning by-law. 3.3.7 Reconstruction after Catastrophe or Voluntary Demolition. A nonconforming structure may be reconstructed after a catastrophe or after voluntary demolition in accordance with the following provisions: a. Reconstruction of said structure shall commence within two years after such catastrophe or demolition. b. Building(s) or structure(s) as reconstructed shall be located on the same footprint as the original nonconforming structure, and shall be only as great in volume or area as the original nonconforming structure. 9 TOWN OF DEDHAM ZONING BYLAWS REVISED JANUARY, 2008 c. 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. 3.3.8 Reversion to Nonconformity. No nonconforming use shall, if changed to a conforming use, revert to a nonconforming use. 10 TOWN OF DEDHAM ZONING BYLAWS REVISED JANUARY, 2008 SECTION 4.0 DIMENSIONAL REGULATIONS 4.1 TABLE OF DIMENSIONAL REQUIREMENTS. No building, structure, or part thereof shall be constructed, altered, moved, added, or reconstructed, except in accordance with the Table of Dimensional Requirements (see Table 2) or as exempt therefrom by other provisions of this By-Law, and no buildable or built- upon lot shall be subdivided, altered, or reduced, except by taking by eminent domain or conveyance for a public purpose for which a taking by eminent domain could have been made, so as to result in a violation of the requirements of said Table. 11 SEE FOOc TNnsttntfXhiLit-nsiedaeeefOtreere-tdf.iRceritlmneolugleilardi(f.llofsmcehl slmeve lop1ent to bespecified1i0 8 (%) 30 30 30 TABLE OF DIMENSIONAL REQUIREMENTS SRA SRB GR LMA/LMB 12+13 11A 14 5 5 13 .5 25 15 70 95 *1 150 14 5 5 12 0.9 2.35 15 *1 5 5 12 RDO/AP 25 15 70 70 70 N/A 10 11 11 11 4 4 4 1 acre 0.35 0.4 0.4 2.4 200 25 202530 1/A 20 4/A 42 *2 12,500 N/A N/A N/A 7 6 N/A N/AN/A N/A 9 9 9 N/A N/AN/A 9 9 9 FOOTNOTESTOTABLE OF DIMENSIONAL REQUIREMENTS NOTES: *1. (Applies to GR General Residence District): Frontage: 50 ft., except 90 ft. for a two-family home, and 30 ft. per dwelling unit in a row house; Lot width at front and rear building lines: 90 ft., except 50 ft. for a single family use, and 30 ft. per dwelling unit in a row house; LotArea: 11,000 sq. ft., except 7,500 sq. ft. for a single-family home, and 5,000 sq. ft. per dwelling unit in a row house. *2. 10 ft. for any part of a building within 200 ft. of a residence district boundary butting on the same street, measured parallel to said street, and 20 ft. fromAmes St. north of Charles River, Washington St. north of Wigwam Brook, and Court St. *3. If a semi-detached or multi-family dwelling occupies several lots in the same ownership, this Table of Dimensional Requirements shall apply as if such lots constituted a single lot. *4. Minimum lot frontage and area shall not apply to any lot recorded by plan or deed in the Norfolk Registry of Deeds or filed with the Land Court prior to passage of Article 57 of 1973 Town Meeting, if in an RDO district, orArticle 40 of the 1963 Town Meeting, if in an LMA, LMB, RDO, or HB district. *5. In SRA, SRB, and GR districts, the required minimum side yard shall be 10 ft. and the required minimum rear yard shall be 20 ft. for any lot established by a recorded plan or deed prior to adoption ofArticle 12 of the 1989Annual Town Meeting. *6. In LB districts, no side or rear yard shall be required for buildings on lots established by plan or deed before January 1, 1970. *7. The minimum 20 ft. rear yard in LB districts applies to dwellings only. *8. Lot coverage applies to buildings and structures, and not to paved ground level surfaces. *9. GR dimensional regulations apply to one- and two-family dwellings located in CB and GB districts, including Note *1, provided that the Board ofAppeals may grant exceptions from such requirements by special permit, for lots established by plan or deed recorded before 1/1/95, if compliance would entail practical difficulties and the exception would have no adverse effect on nearby properties. *10. In the RDO district, the Planning Board may, by special permit, grant an increase in FloorArea Ratio to 0.40 for projects which have frontage on a major highway and which will result in the consolidation of two or more lots, upon determination by the Board that the resulting development will better serve traffic safety and visual clarity than would development on the existing lots at the otherwise allowable floor area ratio. *11. In addition, in the RDO district no portion of a building for a use not allowed in a Single or General Residence district shall be closer to such district th an forty (40) feet or, if greter, the height of that building. *12. The minimum lot width for the required front yard in the SRA, SRB and GR districts shall be equal to the minimum frontage requirement. *13. 150 ft. in the SRA district for lots created after the adoption ofArticle 24, at the Town Meeting,April 10, 2000. *14. These FloorArea Ratios apply only to one- and two-family residential dwellings. 11B TOWN OF DEDHAM ZONING BYLAWS REVISED JANUARY, 2008 4.2 HEIGHT OF BUILDINGS AND STRUCTURES 4.2.1 Buildings Permitted in Residential Districts. Dwellings shall not exceed the height of 38 feet to the high point of a hip, gable, or gambrel roof, or 30 feet to the high point on a flat or mansard roof, measured from the average finished grade of the lot between the frontage street and the rear building line. Other buildings permitted as of right or by special permit in residence districts shall not exceed the height of 38 feet, measured in the same manner. 4.2.2 Buildings Permitted in Nonresidential Districts. Buildings in Nonresidential districts CB, GB, HB, LB, LMA ,LMB, RDO, and AP, other than single and two-family dwellings, shall not exceed the height of 40 feet, measured from the average finished grade of the lot within 20 feet of the outside walls of the building to the high point of the roof, provided that for buildings with sloping roofs the height shall be measured to the eave line if no portion of the building above the eave line is used for human occupancy. No building shall have more than five levels used for human occupancy, including any part of the building below the average finished grade so used. 4.2.3 Projections and Structures. The foregoing height limits shall not apply to structures or parts of buildings customarily carried above the roof line and not used for human occupancy, such as chimneys, ventilators, skylights, solar panels, steeples, domes, towers, tanks, scenery lofts, church spires, and the like, provided they are located at least 50 feet from the centerline of any street, cover less than 25 percent of the footprint of the building, and do not exceed 85 feet in height, and provided further that antennas, whether on a building or freestanding, shall not exceed the height of 50 feet, measured from the average finished grade within 20 feet thereof. 4.2.4 Special Permit. Where the topography of the land, location of the building, its architecture, or the purpose of a structure or projection make adherence to the above height limits impractical the Board of Appeals may by special permit allow such projections or structures to exceed the height of 85 feet, with the exception of antennas which shall not exceed the height of 50 feet, or allow the building height to be measured in a different manner, without changing the substance and intent of building height limits, and subject to appropriate conditions, safeguards, and limitations on location, size, use, construction, and appearance. 4.3 SPECIAL SET BACK AND YARD EXCEPTIONS 4.3.1 General. Notwithstanding the Table of Dimensional Requirements, no building in any district need be further from the exterior line of any street than the average distance from such line of the dwellings or other principal buildings located on the lots adjacent thereto on either side. In determining such average, a vacant side lot having a frontage of fifty (50) feet or more shall be considered as though occupied by a building having the required set back, and a lot separated from the lot in question only by a vacant lot having a frontage of less than fifty (50) feet shall be deemed an adjacent lot. 12 TOWN OF DEDHAM ZONING BYLAWS REVISED JANUARY, 2008 4.3.2 Special Permit. The side and rear yard requirements hereof may be varied by the Board of Appeals by special permit in the specific case of an irregular, narrow, or shallow lot or a lot unusual either in shape or topography, provided that in the opinion of the Board it is impossible or extremely difficult to adhere to such requirements. Nothing herein shall prevent the projection of cornices or eaves not exceeding eighteen inches in width or of uncovered steps, unroofed porches or window sills into any required yard or other open space. 4.3.3 Special Set Back Requirements in Nonresidential Districts. In an Administrative and Professional, Local Business, General Business, and any Limited Manufacturing Districts, no open display or other open use including off-street parking, where permitted, and no sign or other structure, shall be located nearer
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