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Leominster Zoning Ordinance July 10, 2001 Adopted by the City Council on July 10, 2001 With Amendments through September 25, 2006 With Map Appendix through March 13, 2006 Table of Contents ARTICLE I GENERAL REGULATIONS _________________________________ 2 Section 22-1 Zoning Ordinance _______________________________________________ 2 Section 22-2 Authority ______________________________________________________ 2 Section 22-3 Purpose ________________________________________________________ 2 Section 22-4 Definitions______________________________________________________ 2 Section 22-5 Districts: Established; Enumerated _______________________________ 15 Section 22-6 Boundaries ____________________________________________________ 15 Section 22-7 Enforcement___________________________________________________ 15 Section 22-8 Filing of Plans and Specifications__________________________________ 16 Section 22-9 Applicability of Ordinance to Existing Buildings and Uses_____________ 16 Section 22-10 Recorded Lots _________________________________________________ 16 Section 22-11 Lot Frontage___________________________________________________ 17 Section 22-12 Nonconforming Uses, Structures and Lots __________________________ 17 Section 22-13 Special Permits_________________________________________________ 18 Section 22-14 Adoption and Amendment _______________________________________ 20 Section 22-15 Penalty _______________________________________________________ 21 ARTICLE II USE REGULATIONS ______________________________________ 22 Section 22-16 Generally Permitted Uses ________________________________________ 22 Section 22-17 Rural Residence and Agriculture Districts __________________________ 24 Section 22-18 Residence A and Agriculture Districts______________________________ 24 Section 22-19 Residence B Districts____________________________________________ 25 Section 22-20 Residence C Districts____________________________________________ 26 Section 22-21 Business A Districts _____________________________________________ 27 Section 22-22 Business B Districts _____________________________________________ 27 Section 22-23 Commercial Districts____________________________________________ 29 Section 22-24 Industrial Districts______________________________________________ 30 Section 22-25 Adult Entertainment Uses________________________________________ 32 Section 22-26 Table of Uses __________________________________________________ 34 ARTICLE III DIMENSIONAL REGULATIONS____________________________ 44 Section 22-27 General Requirements___________________________________________ 44 Section 22-28 Location of Accessory Structures__________________________________ 46 Section 22-29 Floor Area for Motel and Hotel Units ______________________________ 46 Section 22-30 Corner Clearance_______________________________________________ 46 Section 22-31 Development Density Standards___________________________________ 46 ARTICLE IV BOARD OF APPEALS _____________________________________ 47 Section 22-32 Creation, Membership, Appointment ______________________________ 47 Section 22-33 Powers and Duties ______________________________________________ 47 Section 22-34 Procedures ____________________________________________________ 47 ARTICLE V FLOODPLAIN DISTRICT__________________________________ 49 Section 22-35 Purpose _______________________________________________________ 49 Section 22-36 Floodplain District Delineation____________________________________ 49 Section 22-37 Floodplain Use Regulations_______________________________________ 49 ARTICLE VI WATER SUPPLY PROTECTION DISTRICT___________________ 51 Section 22-38 Purpose _______________________________________________________ 51 Section 22-39 Scope and Authority ____________________________________________ 51 Section 22-40 Water Supply Protection District Delineation _______________________ 51 Section 22-41 Water Supply Protection Use Regulations __________________________ 51 Section 22-42 Technical Reference_____________________________________________ 55 Section 22-43 Permit Fee_____________________________________________________ 56 Section 22-44 Permit Withdrawal _____________________________________________ 56 ARTICLE VII SCHEDULED DEVELOPMENT_____________________________ 57 Section 22-45 Purpose _______________________________________________________ 57 Section 22-46 Procedure _____________________________________________________ 57 Section 22-47 Exemptions____________________________________________________ 57 ARTICLE VIII SITE PLAN APPROVAL ___________________________________ 59 Section 22-48 Site Plan Approval Applicability __________________________________ 59 Section 22-49 General Purpose and Objectives __________________________________ 59 Section 22-50 Application ____________________________________________________ 60 Section 22-51 Procedure for Review ___________________________________________ 60 Section 22-52 Approval by the Director of Inspections ____________________________ 61 Section 22-53 Site Design Standards for Non-Residential Development ______________ 62 Section 22-54 Commercial Development Performance Standards ___________________ 64 Section 22-55 Environmental Performance Standards ____________________________ 67 ARTlCLE IX OPEN SPACE COMMUNITY DEVELOPMENT REGULATIONS _ 70 Section 22-56 Intent_________________________________________________________ 70 Section 22-57 Design Requirements____________________________________________ 70 Section 22-58 Plan Requirements and Application Procedures _____________________ 72 Section 22-59 Amendments___________________________________________________ 73 Section 22-60 Special Permits by City Council___________________________________ 73 ARTICLE X PLANNED UNIT DEVELOPMENT __________________________ 74 Section 22-61 General Description_____________________________________________ 74 Section 22-62 Purposes ______________________________________________________ 74 Section 22-63 Uses Allowed by Special Permit ___________________________________ 74 Section 22-64 Density and Dimensional Regulations ______________________________ 74 Section 22-65 Utility, Parking, Landscaping and Open Space Requirements __________ 75 Section 22-66 Affordable Housing Requirements_________________________________ 75 ARTICLE XI OFF-STREET PARKING AND LOADING ____________________ 76 Section 22-67 Objectives, Applicability_________________________________________ 76 Section 22-68 Parking, Loading Plan Required __________________________________ 76 Section 22-69 Number of Parking Spaces, Loading Bays __________________________ 77 Section 22-70 Rules for Interpretation of Sections 22-69 and 22-71__________________ 79 Section 22-71 Number of Off-Street Loading Bays _______________________________ 79 Section 22-72 Parking Spaces for Handicapped Persons___________________________ 80 Section 22-73 Location of Off-Street Parking, Loading Bays _______________________ 80 Section 22-74 Driveways _____________________________________________________ 80 Section 22-75 Driveways Serving Non-Residential Districts ________________________ 80 Section 22-76 Design Standards _______________________________________________ 81 Section 22-77 Exceptions, Special Permits ______________________________________ 83 ARTICLE XII SIGN REGULATIONS _____________________________________ 85 Section 22-78 Applicability___________________________________________________ 85 Section 22-79 Permit Procedure_______________________________________________ 85 Section 22-80 Signs Not Requiring Permit ______________________________________ 85 Section 22-81 General Sign Regulations ________________________________________ 86 Section 22-82 Off Premises Signs______________________________________________ 87 Section 22-83 Temporary Signs _______________________________________________ 88 Section 22-84 Signs Permitted in Residence Districts _____________________________ 89 Section 22-85 Dimensional Requirements for Permitted Signs______________________ 90 Section 22-86 Nonconforming Signs ___________________________________________ 91 Section 22-87 Construction and Maintenance ___________________________________ 91 Section 22-88 Sign Removal __________________________________________________ 91 Section 22-89 Exceptions_____________________________________________________ 91 ARTICLE XIII HEALTH CARE OVERLAY DISTRICT _______________________ 92 Section 22-90 Purpose _______________________________________________________ 92 Section 22-91 General Provisions______________________________________________ 92 Section 22-92 Dimensional Requirements_______________________________________ 92 Section 22-93 Parking and Loading Requirements _______________________________ 93 Section 22-94 Signs _________________________________________________________ 97 Section 22-95 Use Regulations ________________________________________________ 97 Section 22-96 Designation of Development Envelope; Site Plan Approval; Authority of the Planning Board __________________________________ 98 ARTICLE XIV WIRELESS COMMUNICATIONS FACILITIES_______________ 102 Section 22-97 Purpose ______________________________________________________ 102 Section 22-98 Use Restrictions _______________________________________________ 102 Section 22-99 Location _____________________________________________________ 102 Section 22-100 Dimensional Requirements______________________________________ 102 Section 22-101 Performance Standards_________________________________________ 103 Section 22-102 Special Permits________________________________________________ 105 Section 22-103 Approval_____________________________________________________ 106 Section 22-104 Conditions of Use______________________________________________ 106 Section 22-105 Performance Guarantees _______________________________________ 107 ARTICLE XV IN-LAW APARTMENTS __________________________________ 108 Section 22-110 Intent and Purpose______________________________________________108 Section 22-111 Special Permit Procedures and Conditions__________________________108 Section 22-112 Application Procedure___________________________________________109 Section 22-113 Transfer of Ownership of a Residence with an In-Law Apartment______109 Section 22-114 Existing Accessory Dwelling Units_________________________________109 Appendix A Ordinance Changes/Zoning Map Updates___________________________110 Leominster Zoning Ordinance Page1 CHAPTER 22 OF THE REVISED ORDINANCES ZONING ARTICLE I GENERAL REGULATIONS Section 22-1 Zoning Ordinance This Ordinance shal l be k nown a nd m ay be ci ted a s the “Zo ning Ordinance of t he C ity of Leom inster, Massachusetts,” hereafter referred to as “the Zoning Ordinance.” Section 22-2 Authority The Zoning Ordinance is adopted pursuant to the Authority granted by Chapter 40A of the General Laws of the Commonwealth of Massachusetts as am ended through December 22, 1977, hereafter called “T he Zoning Act.” Where the Zoning Act is amen ded from time to time after the effective date of this Zoning Ordinance and where such am endments are m andatory, s uch a mendments sh all supersede an y conflicting regu lations o f the Zon ing Ordinance which are based on the Zoning Act in existence at the effective date of the Zoning Ordinance. Section 22-3 Purpose The purpose of the Zoning Ordinance is to promote the health, safety, convenience, morals and welfare of the present and future inhabitants of the City of Leominster; to lessen congestion in the streets; to conserve health; to secure safet y from fi re, fl ood, panic a nd ot her dangers; t o p rovide ade quate l ight an d ai r; t o pre vent t he overcrowding o f lan d; to avoid und ue concentration of population; to facilitate th e ad equate p rovision of transportation, water, sewerage, schools, parks, open space and other public requirements; to encourage housing for persons of all income levels; to conserve the value of land and buildings, including the conservation of natural resources and the prevention of blight and pollution of the environment; to encourage the most appropriate use of land throughout the City; and to preserve and increase the City’s amenities and to encourage an orderly expansion of the tax base by utilization, development, and redevelopment of land. To achieve this end, the Zoning Ordinance seeks to permit, prohibit, regulate, or restrict: 1. Uses of land, including wetlands and land deemed subject to seasonal or periodic flooding. 2. Size, height, bulk, location and use of structures, including buildings and signs except that billboards, signs and other advertising devices are also subject to the provisions of Sections 29 - 33 inclusive of Chapter 93 and to Chapter 93D of the Massachusetts General Laws. 3. Uses of bodies of water, including water courses. 4. Noxious uses. 5. Areas and dimensions of land and bodies of water to be occupied or unoccupied by uses, st ructures, courts, yards, and open spaces. 6. Density of population and intensity of use. 7. Accessory facilities and uses, such as vehicle parking and loading, landscaping and open space. Section 22-4 Definitions For purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them Leominster Zoning Ordinance Page 2 by this section: Abandonment. The cessation of a nonconforming use or structure as indicated by the visible or otherwise indicated intention to discontinue a n onconforming use of a st ructure or a l ot, or the cessation of a n onconforming use or structure by its replacement with a conforming use or structure. Accessory building. A subordinate building located on the same lot with the main building or use, the use of which is customarily incidental to that of the main building or to the use of the land. Accessory use. A use customarily incidental to that of the main building or to the use of the land. Active recreation/amusement. Leisure time activities, usually of a more formal nature and performed with others, often requiring equipment and taking place at prescribed places, sites or fields. Adult Bookstore. An est ablishment having as a su bstantial or si gnificant portion of its stock in trade, books, magazines, video and other matter which are characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in MGL section thirty-one of Chapter two hundred and seventy-two. Adult Cabaret. A nightclub, bar, restaurant, or similar establishment which during a substantial portion of the total presentation time features live performances which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in MGL section thirty-one of chapter two hundred and seventy-two. Adult Dance Club. An establishment that, as its prin cipal form of entertainment, permits a pers on or persons to perform in a state of nudity as defined in MGL section thirty-one of chapter two hundred and seventy-two. Adult Motion Picture Theater. An enclosed building used for presenting material distinguished by an emphasis on matter depicting, describing, or relating to sexual conduct or sexual excitement as defined in MGL section twenty- one of chapter two hundred and seventy-two. Adult Paraphernalia Store. An establishment having as a substantial or significant portion of its st ock devices, objects, tools, or toys which are distinguished or characterized by their association with sexual activity, including sexual in tercourse, sex ual co nduct or sexu al ex citement as d efined in MGL section th irty-one of ch apter two hundred and seventy-two. Adult Theater. A theater, concert hall, auditorium or similar establishment either indoor or outdoor in nature, which, for any form of consideration, regularly features live performances, a su bstantial portion of the total presentation time of which are distinguished or characterized by their emphasis depicting, describing, or relating, to sexual conduct or sexual excitement as defined in MGL section thirty-one of chapter two hundred and seventy-two. Adult Video Store. A n establishment having, as a s ubstantial or si gnificant portion of its stock in-trade, videos, movies, or other film material which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in MGL section thirty-one of chapter two hundred and seventy-two. Adult Entertainment Use. The above-defined "Adult" uses may collectively be referred to as "Adult Entertainment Uses”. Further, if 10% or more of an establishment's stock and/or trade is devoted to matters which are distinguished or characterized by their emphasis depicting, describing or rel ating to sexual conduct or sex ual excitement as defined in M.G.L. section thirty-one of chapter two hundred and seventy-two, then the establishment is deemed to be an adult entertainment use and is governed by the regulations as outlined in this Ordinance. Affordable Housing. Housing that is available for low and moderate income households. Agriculture. T he production, kee ping or maintenance, f or sal e or l ease, of pl ants and a nimals u seful t o m an, including but not limited to: forages and sod crops; grains and seed crops; dairy animals and dairy products, poultry Leominster Zoning Ordinance Page 3 and poultry products; livestock including beef cattle, swi ne, horses, mules, ponies, or goats or any mutations of hybrids hereof, including the breeding and grazing of any or all such animals, bees, and apiary products, for animals, trees and fo rest products; f ruits of all ki nds, including grapes, nut s and ber ries, veget ables, fl oral, nu rsery, ornamental and greenhouse products, or lands devoted to a soil conservation or forestry management program. Alteration. Any construction, reconstruction or ot her similar action resulting in a cha nge in the structural parts, height, number of stories, exits, size, use or location of a building or other structure. Amusement and recreation services. Establishments engaged in providing amusement or entertainment for a fee or admission charge and include, but are not limited to, the following activities: d ance halls; studios; theatrical producers; bands, orchestras and other musical entertainment; bowling alleys and billiards and pool establishments; commercial sports s uch as a renas, rings, racetracks, public golf course s and coin-operated devices; amusement parks; swimming pools; carnival operations; and game parlors. Antenna. The surface from which wireless radio signals are sent and received by a Wireless Communications Facility. Apartment/multi-family dwelling. Any structure regardless of tenure designed or intended or used as the home or residence of three or m ore families, each in a separate dwelling unit, living inde pendently of each other and who may have a common right in halls and stairways. Aquifer. A saturated geologic unit that is permeable enough to yield economic quantities of water to wells. Awning. A roof like covering, as of canvas, stretched upon a frame that is affixed to a building and used above or before any place as a shelter from rain or sun. Basement. A portion of a building, partly below grade, which has more than one-half of its height, measuring from finished floor to finished ceiling, above the average finished grade of the ground adjoining the building. A basement is not considered a story unless its ceiling is four feet, six inches (4’6”) or more above the average finished grade. Boarder. An individual, other than a member of a family occupying a dwelling unit, who occupies a rooming unit, for living and sleeping but not for cooking and eating purposes, and paying rent, which may include an allowance for meals, by prearrangement for a week or more at a time to an owner or operator to whom he/she is not related by blood, marriage or adoption. Boarding/lodging house. A d welling, or part thereof, which is divided into four or more lodgings or for let by boarders. Building. A combination of any materials, whether portable or fixed, with or without a roof, enclosed within exterior walls or fire walls, built to form a structure for the shelter of persons, animals, or property. Building area. The aggregate of the maximum horizontal cross sectional area of all buil dings on a lot exclusive of cornices, eaves, gutters, chimneys, steps, unenclosed porches, bay windows, balconies, and terraces. Such cornices, eaves, gutters, chimneys, steps, unenclosed and uncovered porches, bay windows, balconies and terraces may extend beyond the minimum yard requirements as established in Section 22-27, but in no case shall such extension be in excess of 5’ beyond the minimum yard requirements. Building coverage. The building area expressed as a percent of the total lot area. Building, detached. A building which is not attached to any other dwelling by any means and is surrounded by open space or yards on all sides. Business and Professional Office. The place where a particular kind of business or service for others is transacted. Business and Professional Office Building. The structure in which one or more offices is located. Leominster Zoning Ordinance Page 4 Business services. Establishments primarily engaged in rendering services to business establishments on a fee or contract b asis, in cluding but n ot li mited to th e fo llowing: ad vertising and m ailing; building maintenance; employment service; management and c onsulting services; protective services; equipment rental and leasing and commercial research. Camouflaged. Disguised, hidden, part of an existing or proposed structure, or placed within an existing or proposed structure. Canopy. Any overhanging shelter or shade. Carport. A roofed structure, unenclosed on two or more sides, which may serve as a shelter for motor vehicles. Carrier. A company that provides wireless services. Cellar. A portion of a building, partly or entirely below grade, which has more than one-half of its height, measured from finished floor to finished ceiling, below the average finished grade of the groun d adjoining the building. A cellar is not deemed a story. Certificate of occupancy. The certificate issued by the Director of Inspections which permits the use of a building in accordance with approved plans and in compliance with the Zoning Ordinance. Childcare facility. Facilities that serve children under seven years of age or sixteen years if the children have special needs, or school-age children (under fourteen years of age or sixteen years if they have special needs) in programs that are held before or after school hours or during vacations. Co-Location. The use of a single mount on the ground by more than one carrier (vertical co-location) and or several mounts on an existing building or structure by more than one carrier. Commencing building activity. The stage of building activity at which, in the opinion of the governing board, substantial manmade construction materials critical to the building’s or site’s functioning have been permanently installed, OR in cases where commencing such activity has been hindered due to circumstances beyond the control of the owner, a stage of building activity where, in the opinion of the governing board, proof can be sh own that construction will unconditionally occur within six months. Commercial vehicle. Any cart or wagon or any vehicle which is included in the definition of a motor vehicle given in Chapter 10 of the General Laws, i ncluding but not limited to passenger car or van on which is permanently affixed any writing to designate the business or professional use or affiliation of said car or van, or any truck or other ve hicle whi ch w ould be cl assified other t han a passe nger ve hicle for purposes of registration i n t he Commonwealth of Massachusetts or an aut o home or bus, but excluding a passenger car not marked for business use. Condominium. A multi-unit structure where each separate unit is under separate ownership. Continuing C are Retirem ent Co mmunity/Assisted Li ving Facility . A resid ential care in stitution in tended for occupancy by persons of advanced age (greater than fifty-five (55) years) or limited ability for self care, which may provide food, transportation, recreation, or other services to the residents thereof. The term shall include boarding houses, dormitories, apartments, and similar multiple residence living arrangements when operated as an assi sted living facility as defined herein, but shall not include group homes for the handicapped, adult care homes, nursing homes, hospitals, or hotels. Conversions. External and internal changes to a structure that increase the number of dwelling units in the structure, not to exceed the number of units per structure allowed in the district. Leominster Zoning Ordinance Page 5 Drive-in/Drive through restaurant. A place of business operated for the sale and purchase at retail of food and/or beverages, any part of which is laid out or equipped so as to deliver prepared food and/or beverages to patrons in motor vehicles or to permit patrons to purchase prepared food and/or beverages for consumption or where the patron customarily drives a motor vehicle onto the site and to a window or mechanical drive-through by which the patron is served without ex iting th e vehicle. Prior to serv ice, the engi ne of t he m otor ve hicle cust omarily rem ains i n operation. Driveway . An area o n a l ot which: is for the passage of motor vehicles (and not for storing or standing of such vehicles except where serving four or fewer parking spaces), has an all-weather surface, provides access and egress to and from a street, or interior drive, and leads to or from a parki ng space or loading bay (or their related maneuvering aisle). Duplex house . A house containing two dwelling units adjoining side by side; that is, in which no part of one dwelling unit is over any part of the other dwelling unit. A duplex shall be considered as one (1) principal building occupying one (1) lot for the purpose of determining yard requirements. Dwelling unit. A room or group of rooms forming a habitable unit for one (1) family, with facilities which are used or intended to be used for living, sleeping, cooking and eating. Equipment Shelter . An enclosed structure, cabinet, shed, or box, at the base of the mount within which are housed batteries and electrical equipment. Fall Zone . The area on the ground within a prescribed radius from the base of a Wireless Communications Facility. The fall zone is the area within which there is a potential hazard from falling debris (such as ice) or collapsing material. Family . An i ndividual or two or m ore persons related by blood, marriage, or legal adoption living together as a single housekeeping unit and including necessary domestic help such as nurses or servants. A group of individuals not related by blood, marriage, or legal adoption, but living together as a single housekeeping unit may constitute a family. For purposes of controlling residential density, each such group of four (4) i ndividuals shall constitute a single family. Family home day care . Any private reside nce which on a regula r basis, receives for te mporary custody and care during part or all of the day, children under seven years of age or children under sixteen years of age if such children have special needs; provided, however, in either case, that the total num ber of children shall not exceed six, including participating children living in the residence. Family home day care shall not mean a private residence used for an informal cooperative arrangement among neighbors or relatives, or the occasional care of children with or without compensation therefore. Farm . A place of land devoted to raising of crops or livestock or to any specific agricultural projects, as a dairy farm, such crops or livestock or portion thereof to be offered for sale. Floodway . The area subject to periodic flooding, the limits of which are determined by the flood line, as shown on the federal flood insurance rate maps dated September 16, 1982 and April 3, 1989. Floor area, gross. The sum, in square feet, of the horizontal areas of all floors of a building or several buildings on the same lot measured from the exterior face of exterior walls, or from the center line of a party wall separating two buildings. Where the text of this Ordinance refers to floor area, the term shall mean gross floor area unless the term net floor area is used. Floor area, net. The sum, in square feet, of the occupiable or habitable area in a building, which shall be determined by excluding the following from calculation of gross floor area: a. Areas used for parking or loading. Leominster Zoning Ordinance Page 6 b. Areas devoted exclusively to the operation and maintenance of a building, irrespective of its occupants, such as heating, ventilating and cooling equipment, electrical and telephone facilities, fuel storage, elevator machinery or mechanical equipment. c. The thickness of load bearing walls, at each floor. d. Elevator shafts and common stairways, and common hallways at each floor. e. Porches, balconies, fire escapes which are unroofed. Floor area, ratio (FAR). The ratio of the sum of the net floor area of all buildings on a lot to the developable site area of the lot. Frontage, lot. The continuous portion of the line separating a lot from a street to which the owner of the lot has a legal right of access and to which the owner could provide for ve hicular access from a principal building or a required parking space. The measurement of lot frontage shall not include jogs in street width, bac k-up strips and other irregularities in street lin e, and, in the case of a corner lot, may at th e option of the owner extend to the midpoint of the curve connecting street lines, instead of to their intersection. Frontage street . A street to which the owner of the lot has a legal right of access and which provides the required lot frontage. When a lot is bounded by more than one street, any one of them but only one may be designated as the frontage street by the owner, provided that the street meets the frontage requirement and that the principal permitted building on the lot is numbered on such frontage street. However, in the case of a lot bounded by two streets forming an interior angle of more than 135 degrees, their combined frontage between lot lines may be used to satisfy the lot frontage requirement. Funeral establishment . An establishment used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therein before burial or cremation. Garage, private . A building used for the storage of one or more automobiles owned and used by the owner or tenant of the lot on which it is erected for a purpose accessory to the use of the lot. Garage, public . A building or structure for the storage or parking of more than three (3) passenger motor vehicles or motor powered boats or more than one (1) commercial motor vehicle, and in which provisions may be made for the dispensing of gasoline, oil, or similar products for the servicing of such vehicles and in which provisions may be made for t he repair and servicing of t hese vehicles. Public garages shall further be classified according to the following specific types and uses. a. Parking garage . A building used for the parking of motor vehicles. Gas may be d ispensed, but not other servicing or repairing of vehicles shall be permitted. b. Motor vehicle service station . A building used for the servicing and minor repair of motor vehicles including such uses as engine tune-ups, dispensing of gas, oil, and other similar products, and the installation and repair of automotive accessories such as radios, burglar alarms, and other electronic devices. c. Repair garage. A bui lding used for the major repair of motor vehicles including such uses as t ransmission repair, engine overhaul, and auto body work. Groundwater . Water beneath the surface of the ground whether or not flowing through known and definite channels. Guyed Tower . A monopole or lattice tower that is tied to the ground or other surface by diagonal cables. Hazardous or toxic material. A material which is hazardous to human health or the environment. Leominster Zoning Ordinance Page 7 Health Care Overlay District Definitions: a. Development Envelope. The boundary, established by the City Council in accordance with the procedures set forth in M.G. L. Ch. 40A, Sec. 5, of the area within a de signated HC Overlay District within which boundary development may occur in accordance with the provisions of Article XII without a Special Permit issued by the Special Permit Granting Authority pursuant to subsection 96.4. b. Development Limit. The aggregate net floor area of any new building or structure for any principal Health Care Use t hat m ay be co nstructed wi thin a specific D evelopment Enve lope a fter t he desi gnation of s uch Development Envelope, without Site Plan Approval under subsection 96.3. c. Health Care Use. A Ho spital, a Medical Laboratory, a Medical Office, a Nursing or Convalescent Home, an Out-Patient Clinic or a Pharmacy. d. Hospital. A facility for th e provision of health care services, licensed as an acu te, sub-acute or chronic care facility by an appropriate governmental authority if and to the extent required by applicable law, including a facility for the provision of health care services eligible for reimbursement under any governmental or private insurance or other program for payment of any portion of the cost of such service. e. Lot. The entire property within the boundaries of a particular Health Care Overlay District, whether or not in common ownership, provided that the uses of such property are permitted under Section 22-95. f. Medical Laboratory. A facility for the provision of testing, analytical, diagnostic, pharmaceutical or other health care support services, equipment or procedures, whether or not owned by or affiliated with a Hospital. g. Medical Office. The offices of one or more providers of medical, dental, surgical, mental health, rehabilitation or other health care or heal th care support services, equipment or pro cedures, whether or not owned by or affiliated with a Hospital. h. Nursing or Convalescent Home. A facility for th e assistance, maintenance, care, treatment or recuperation of mentally or physically handicapped, injured, invalid, convalescent or chronically ill persons on a full- or part- time basis, licensed by an appropriate governmental authority if and to the extent required by applicable law, including independent living facilities, assisted living facilities, continuing care/retirement facilities, congregate living facilities, group care facilities, n ursing homes, l ong-term p ediatric o r geriatric care facilities, and rehabilitation or physical, psychiatric, psychological, cognitive or behavioral therapy facilities whether or not owned by or affiliated with a Hospital. i. Out-Patient Clinic. A facility for the provision of ambulatory health care services, licensed for the provision of such se rvices by an appropriate gove rnmental au thority if and t o th e extent required by app licable law, including the sale, servicing or repair of medical devices and equipment to the general public whether or not owned by or affiliated with a Hospital, Out-Patient Clinic or Nursing or Convalescent Home. j. Pharmacy. A facility fo r the sale o f prescription and/or non -prescription dru gs, med ications, and m edical supplies to patients (whether ambulatory or in-patients) of any physician affiliated with a Hospital or other use in the same HC Overlay District, or to members of any health maintenance organization or health plan affiliated with such Hospital, but shall not mean a retail pharmacy serving the general public. Height . The vertical dimension measured from the average elevation of the fini shed lot grade at the front of the building to the highest point of ceiling of the top story in the case of a flat roof, to the deck of a mansard roof and to the average height between the plate and ridge of a gable, hip or gambrel roof. Home Occupation. An activity customarily conducted by the residents of a dwelling unit, inside the dwelling unit or an accessory building. In general, the term “home occupation” shall refer to small businesses that do not require the presence of the consumer of the good or service in order to perform the majority of the production or service and which generate no outward manifestations (such as traffic generation, visible activity, parking, noise) that are unlike Leominster Zoning Ordinance Page 8 those of dwelling units in the neighborhood. The term “home occupation” shall include, but is not limited to: the studio of a n a rtist, m usician, p hotographer; sm all gro up i nstruction or tu toring; tailo ring; m illinery; crafts; or headquarters of a salesm an, sales represen tative or m anufacturer’s represe ntative; provided th at n o retail or wholesale transactions are made on the premises. The term “home occupation” shall not be interpreted to include the following: clothing rental, barber shop, hairdresser, restaurant, orchestra or instrumental music group, antique shop, animal hospital, and other similar pursuits. All “recognized professions” (see “Home Office” definition) operating from a residence shall conform to the requirements for “home offices.” Home office. The office of a physician, dentist, lawyer, architect, registered engineer, accountant, psychologist, or member of a recognized profession resident in the dwelling unit in which the home office is located. A “recognized profession” is a profession in which specialized services to clients are performed by persons possessing a deg ree from a recognized institution of higher learning, demonstrating successful c ompletion of a prolonged course of specialized in tellectual in struction and stud y, and also possessing ev idence of pro fessional cap ability, su ch as member in a professional society requiring standards of qualification for admission. Hospital . An institution licensed under Section 51, Chapter 111, G.L., for the purpose of caring for persons admitted thereto for diagnosis, medical, surgical or restorative treatment which is rendered within said institution. Hotel, Motel. - An establishment providing lodging for 15 or more guests on a short term basis, usually less than one week; dining rooms, function rooms and other support services may be included. In a hotel, access to the individual sleeping rooms, is usually through a lobby and interior corridors; in a motel, access to the individual sleeping rooms, is usually directly from parking spaces or by an exterior walkway. Interior drive. A roadway which is privately owned and maintained and serves a planned residential or commercial development. It may have many of t he street characteristics of a street but does not meet the legal standards for Street, Road or Way as defined in this section. An interior drive is not the same as a driveway, which is the means or access to a pa rking lot or parki ng space; an interior dri ve is the connecti ng link between a public street and a driveway. Junk . Waste or scrap articles or material. Junk yard. Any land used for the deposit, collection or storage of waste, used or discarded things or materials, whether or not in connection with the dismantling, processing, salvage, sale or other use or disposition thereof; and the deposit or storage on any lot of one (1) or more wrecked or inoperative vehicles, or parts thereof, for one month or more shall be deemed to be a junk yard. Garaged vehicles shall be exempt from this provision. Land . Shall include the words “swamp” and “water.” Lattice tower . A type of mount that is self-supporting with multiple legs and cross-bracing of structural steel. Leachable wastes. Waste materials including solid wastes, sludge, sewage, pesticide and fertilizer wastes capable of releasing water-borne contaminants to the environment. Licensed Carrier . An entity or person authorized by the FCC to construct and operate a commercial mobile radio services system. Loading space . A truck loading or unloading area adjacent to the principal use of the site. Lodging/rooming unit . A unit in a boarding/lodging house which is let for living and sleeping but not cooking or eating purposes. Long-term care facility . An in stitution or d istinct p art of an in stitution that is lice nsed b y th e Massachusetts Department of Public Health to provide 24-hour care under medical supervision to individuals who, by reason of advanced age, chronic illness, or infirmity, are unable to care for themselves. Leominster Zoning Ordinance Page 9 Lot. A parcel of real estate under one sole or undivided ownership separate from that of any adjoining lots. The word “lot” shall also include the word “plot.” Maneuvering aisle . An area on a lot which is immediately adjacent to one or more parking spaces or loading bays, is necessary for turning, driving or backing a motor vehicle into such parking space or loading bay, but is not used for the parking or standing of motor vehicles. Manufacturing . A use primarily for heavy or light industry and the manufacture or assembly of a product including processing, blending, fabrication, assembly, treatment or packaging. Incidental activities such as storage, offices, wholesale sales, retail sales an d em ployee-only recr eation an d eating facilities an d in cluding m anufacturing operations not expressly prohibited nor expressly categorized in any section of this Ordinance are permitted. Mixed Use Development Project (MUPD) . A Business Center, Industrial and Technology Park or Shopping Center being a group of two or more of the following uses: business and professional offices and buildings, personal and consumer ser vice establishments , retail sto res, banks, rest aurants i ncluding d rive-in, allowed indu strial manufacturing establishments, industrial research & development facilities, and which may include such ot her commercial uses as typically found in such Mixed Use Centers and Parks. A Mixed Use Development Project shall be located on a site that may consist of one or more lots (which lots may be in separate ownership), and shall be planned, developed, owned or managed as defined by a Master Plan and Development Schedule as provided in Section 22-24.2.5. (Amended January 27, 2003) Monopole . The type of mount that is self-supporting with a single shaft of wood, steel, or concrete and a platform (or racks) for panel antennas arrayed at the top. Motor vehicle trip . Use of one motor vehicle by one or more persons which either begins or ends (regardless of the duration of parking or standing) on a lot, or at a use or establishment. Mount . The structure or surface upon which antennas are mounted, including the following five (5) types of mounts: a. Roof-mounted: Mounted on the roof of a building. b. Side-mounted: Mounted on the side of a building. c. Ground-mounted: Mounted on the ground. d. Structure-mounted: Mounted on a structure other than a building. e. Interior-mounted: Mounted within a building/structure such that the Wireless Communications Facility is not visible from the exterior of the building/structure. Multifamily dwelling. (see definition for apartment/multi-family dwelling) Neighborhood Retail Store . A retail store designed primarily to provide consumer products to the residents of the immediately surrounding neighborhood and conducted in a facility with a floor area not in excess of one-thousand square feet. Nonconforming building, structure or lot . A building, structure or lot that does not conform to a di mensional regulation prescribed in this Ordinance for the district in which it is located or to other regulations of this Ordinance except use regulations, but wh ich building, structure or lot was in existence at th e time the regulation becam e effective and was lawful at the time it was established. Non-profit conservation or recreat ion or ganization . A n or ganization with IR S 501(c)(3) st atus whose e xpress purposes include ownership and/or management of property for recreation or conservation purposes. Nursing, rest or convalescent home . An extended or intermediate care facility licensed or approved to provide full- time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or i nfirmity, are unable to care for themselves. Panel Antenna. A flat surface antenna usually installed in multiples. Leominster Zoning Ordinance Page 10 Parking lot. An area on a l ot which includes 5 or more parking space and their related maneuvering aisle. Where there are 5 or more parking spaces on a lot, regardless of their location on the lot, all such spaces shall be subject to the standards for parking lots. Parking space . An off-street space in conformance with Article XI. Penthouse . An apartment or dwelling attached to, built on or sloping from a wall or roof. Personal and consumer service establishment. Any building wherein the primary occupation is the repair, care of, maintenance or customizing of p ersonal properties that are wo rn or ca rried about the person or are a phy sical component of the person. Personal service establishments shall include, but not be limited to: barber shops, beauty shops, pet groo ming estab lishments; lau ndering, clean ing an d o ther garment serv icing estab lishments; tailo rs, dressmaking s hops, s hoe cle aning or repair s hops; health clubs; a nd other similar places of business, but not including offices of physicians, dentists, and veterinarians, or any other recognized professional. Poultry farm . A farm with a flock of more than fifty birds. Radiofrequency Engineer. An engineer specializing in electrical or microwave engineering, especially in the study of radiofrequencies. Recharge area . That portion of the drainage basin where water enters the saturated zone and the net flow of ground water is directed from the saturated zone to a reservoir or aquifer. Recreational vehicle or t railer. A registered self-propelled camper or a utomobile-drawn trailer used as a m obile camping facility, with sleeping equipment, which may or may not have toilet or cooking facilities, and which is used for recreational purposes. Residential social serv ice facility. A dwelling where care and s upervision which is l icensed, contracted for, or supervised by a fe deral o r state agency , is pr ovided t o i ndividuals who a re handicapped, age d, di sabled, o r undergoing rehabilitation. Includes half-way houses but not nursing or foster homes. Restaurant. An establishment where food and drink is prepared, served and consumed primarily within the principal building. Retail Store . A business that sells consumer products directly to consumers and may include: Department Stores, Furniture Stores, Hardware Stores, Household Furnishing Stores, Sporting Goods Stores and Electronic Stores and Appliance Stores. Security Barrier . A locked, impenetrable wall, fence or berm that completely seals an area from unauthorized entry or trespass. Separation . The distance between one carrier’s array of antennas and another carrier’s array. Setback. The minimum distance from a lot line to a building placed thereon, or feature thereof as is requi red in a particular situation by the Table of Dimensional Requirements. Setback, front . Setback required from a front line and from any street line of a corner lot or a through lot. Setback line . A line, whether straight or not, which denotes the location of the minimum setback. Setback, rear . Setback required from a rear line. Setback, side. Setback required from a side line. Side line of a lot. A line separating a lot from other lots or from land in a different ownership, other than a street line Leominster Zoning Ordinance Page 11 or a rear lot line. Sign. Any permanent or temp orary structure, device , letter, work, banner, pennant, insignia, trade flag, streamer, display, emblem or representation used as or which is in t he form of an advertisement, announcement or direction, or is designed to attract the eye by any method, which is placed either indoors or out-of-doors on a public way or on private property within view of a public way, public park or reservation, provided, however, that the following shall not be subject to regulation under Article XII: a. Signs not exceeding one square foot in area and bearing only property numbers, post box numbers, names of occupants of premises or other identification of premises not having commercial connotations. b. Signs l ess t han t wo sq uare feet i n area containing advertising ass ociated with a n onprofit or ch aritable organization. c. Flags and insignia of any government except when displayed in connection with commercial promotion. d. Legal notices, identification, informational or directional signs erected or required by government bodies. e. Integral, decorative or architectural features of buildings, except letters, moving parts or moving lights. f. Signs directing and guiding traffic and parking signs on private property, but bearing no advertising matter and, in the case of parking signs on private property, not exceeding two square feet in area. g. Signs on or in rolling stock used by common carriers, provided that their primary function is not for advertising. h. Signs on standard gasoline pumps bearing thereon in standard size and form, the name, type and price of gasoline. i. Signs erected for the public safety or as notice for the protection of property. j. Displays of merchandise or signs incidental to the display of merchandise. Sign, area of . The surface area within a si ngle continuous perimeter consisting of straight lines enclosing all the display area of the sign, but not including structural members not bearing advertising matter unless internally or decoratively lighted. Sign, attached . A sign permanently erected or affixed to a building. Sign, freestanding . A sign permanently erected or affixed to the land and not attached to a building. Sign, nonconforming. A sign lawfully existing on (November 11, 1974), which does not now conform to the regulations of the Zoning Ordinance. Sign, off premises . A sign whose subject matter relates to products, accommodations, services or activities not exclusively located on the same premises as that sign. Also referred to as billboards. Sign, temporary . A sign whi ch, by its inhe rent nature, can be expected to rem ain in place for less than two (2) months and whose s ubject matter rel ates excl usively t o the prem ises o n which it is lo cated o r to produ cts, accommodations, services or activities on the premises. Special Permit . A Special Permit is the permit granted by the City Council, Zoning Board of Appeals or Planning Board acting as the Special Permit Granting Authority as hereinafter provided. Special Permit Granting Authority. Depending on the kind of Special Permit and as designated in the Zoning Ordinance with authority to issue Special Permits, “Special Permit Granting Authority” shall include the Board of Leominster Zoning Ordinance Page 12 Appeals, the City Council, and the Planning Board. Story. The portion of a building which is between one floor level and the next higher floor level or the roof. If a mezzanine floor area exceeds one-third of the area of the floor immediately below, it shall be deemed to be a story. A basement shall be deemed to be a story when its ceiling is four (4) or more feet above the finished grade. A cellar shall not be deemed to be a sto ry. An attic sh all not be deemed to b e a story if unfin ished and without human occupancy. Story, half. That portion of a building under a sloping roof, the cubic contents of which are never more than one-half of that of the story below. If the cubic contents are greater, it shall be deemed a story. Street line. The established boundary line between the lot and the street. This is not to be considered as the edge of the traveled portion of the road or as the gutter or curb line of a paved street unless such edge, gutter or curb line is on a street line as defined in this paragraph. Structure . Anything constructed or erected which requires location on the ground or attachment to something having location on the ground, including but not limited to signs and billboards and tight board and concrete block fences four feet or more in height, but not including other fences. Tourist Home/Bed and Breakfast. An owner-occupied single-family dwelling which may rent up to a maximum of three (3) rooming units for transient occupancy, not to exceed a total of six (6) renters (without individual kitchen facilities and with an individual or shared bath/toilet facility, with at least one toilet, one bath/shower and one wash basin, separate from those required for the single-family dwelling), which share a common entrance with the single- family dwelling. The use of that portion of the dwelling devoted to transient occupancy shall be secondary to the use of the dwelling as a single-family residence and shall not change the character thereof. Townhouse . A building containing three or more dwelling units in a row in which each dwelling unit has its own front and rear access to the ground, no dwelling unit is located over another dwelling unit, and each dwelling unit is separated from another dwelling unit by one or more party walls. Trailer. Any vehicle which is or can be used for sleeping, living, or working purposes and which is, has been, or can be mounted on wheels. Transportation service facility or trade depot. An establishment providing transportation services including, but not limited to , th e fo llowing: air tran sportation; b us terminals; heliports and helistops; railroad yards an d railroad passenger terminals and truck stops, trucking terminals. Unit parking depth . The distance required to accommodate two rows of parking and a common maneuvering aisle. Variance . A variance is an authorization by the Board of Appeals granting relief to owners of land or buildings from “substantial hardships” that arise from literal enforcement of the provisions of this Zoning Ordinance. Warehousing (Wholesale, s ale, st orage) . Establishm ent or place of busi ness primarily engage d in selling merchandise to retailers; to in dustrial, commercial, institutional, or profession al bus iness u sers, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies. Terminal facilities for handling freight with or without maintenance facilities. Water supply drainage basin. An area within which all overland and subsurface water flows to a common body of water associated with a water supply or a potential water supply. Watershed . A water supply drainage basin. Wireless Communications. Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services [47 U.S.C. Sec. 332 9c) (7) (C) (i)]. Functionally equivalent services are Cellular, Personal Communications Services (PCS), Enhanced Specialized Mobile Radio, Specialized Mobile Radio and Paging. Leominster Zoning Ordinance Page 13 Wireless Communications Facility. Facility for the provision of wireless communications services. Yard . An unoccupied space, open to the sky, on the same lot with the building or structure. Yard, front. A yard extending across the full width of the lot and lying between the front of the lot and the nearest line of the principal building. Yard, rear. A yard extending across the full width of the lot and lying between the rear lot line of the lo t and the nearest line of the principal building. Yard. side. A yard extending along the full depth of the lot and lying between the side lot line of the lot and the nearest line of the principal building. Leominster Zoning Ordinance Page 14 Section 22-5 Districts: Established; Enumerated The City is hereby divided into districts of eight (8) types with three (3) overlay districts to be known as: Rural Residence and Agriculture (RRA) Business A (BA) Overlay Districts Residence A and Agriculture (RAA) Business B (BB) Floodplain Residence B (RB) Commercial (C) Health Care Residence C (RC) Industrial (I) Water Supply Protection Section 22-6 Boundaries The boundaries of each of the above-referenced zoning districts, except for the Floodplain Overlay District, are shown on the map accompanying this section and on file with the City Clerk entitled “Zoning Ma p, Leominster, Massachusetts, 2001.” The boundaries of the Floodplain Overlay District are described in Article V, Section 22-36 of this Ordinance. All explanatory matter thereon is hereby made a part of this section. 6.1 Where the boundary lines are shown upon such map within the street lines of publi c and private ways, railroads or utility lines, the center lines of such ways shall be the boundary lines. 6.2 Where the boundary lines are shown approximately on the location of property or lot lines and the exact location of property, lot or boundary lines is not indicated by means of dimensions shown in figures, then the property or lot lines shall be the boundary lines. 6.3 Boundary lines located outside of such street lin es, railroad or u tility lines and shown approximately parallel thereto shall be regarded as parallel to such lines, and dim ensions shown in figures placed upon such map between such boundary lines and street, railroad, and utility lines are the distances in feet of such boundary lines from such street, railroad or utility lines, such distances being measured at right angles to such street, railroad or utility lines unless otherwise indicated. 6.4 In all cases which are not covered by other provisions of this section, the location of boundary lines shall be determined by the distance in feet, if given, from other lines upon such map by the use of identifications as shown on the map or by the scale of the map. 6.5 Where the district boundary line follows a stream, lake or other body of water, such boundary line shall be construed to be at the thread of channel of the stream unless otherwise indicated. 6.6 Where a district boundary line divides any lot existing at the time such line is adopted, the regulations for the less restricted portions of such lot shall extend no more than thirty feet into the more restricted portion; provided that: 6.6.1 The lot has frontage in the less-restricted district. 6.6.2 Where a lot extends from street to street, the frontage restriction prevails fifty percent of the depth. 6.7 Where property has not been specifically included within a district, it shall autom atically be classed as lying in the most restricted district which abuts it. Section 22-7 Enforcement The Director of Inspections shall be charged with the enforcement of the Zoning Ordinance and shall withhold a permit for t he const ruction, al teration, o r moving o f any building or stru cture if th e bu ilding or stru cture, as constructed, altered or moved would be in violation of the Zoning Ordinance. No permit or license shall be granted for a new use of a building, structure, or land if such use would be in violation of the Zoning Ordinance. Leominster Zoning Ordinance Page 15 The superior court shall have jurisdiction to enforce the provisions of the Zoning Act, and any ordinances adopted thereunder, and may restrain by injunction violations thereof. Section 22-8 Filing of Plans and Specifications With each application for a permit to build, there shall be filed a plan showing the lot, the area and location of such lot and building thereon. No building hereafter erected, altered or relocated shall be used and no change shall be made of t he use of any building or any parcel of l and, except for the use of lan d for ag riculture, horticulture, or floriculture, unless an occupancy permit signed by the enforcing officer (Director of Inspections) has been granted to the owner or occupant of such land or building. Such permit shall not be granted unless the proposed use of the land or building and all accessory uses comply in all re spects with the Zoning Ordinance, and no use shall be made of such land or building except the use or uses authorized by
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