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CANTON ZONING BY-LAWS SECTION 1.0 PURPOSE AND AUTHORITY 1.1 TITLE This By-law shall be known as the "Zoning By-law of the Town of Canton, Massachusetts," hereinafter referred to as "this By-law." 1.2 PURPOSE. These regulations are enacted to promote the general welfare of the Town of Canton , to protect the health and safety of its inhabitants, to encourage the most appropriate use of land throughout the town, and to increase the amenities of the town, all as authorized by, but not limited by, the provisions of the Zoning Act, G.L. c. 40A, as amended, and Section 2A of 1975 Mass. Acts 808. 1.3 AUTHORITY. This Zoning By-Law is enacted in accordance with the provisions of the General Laws, Chapter 40A, any and all amendments thereto, and by the Home Rule Amendment, Article 89 of the Amendments to the Constitution of the Commonwealth of Massachusetts. 1.4 APPLICABILITY . The use, construction, repair, alteration, height, location, percentage of lot coverage by buildings and structures and the use of land in the Town of Canton are hereby restricted and regulated as herein provided. No building, structure or land shall be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless in conformity with the regulations of this By-Law, except those already lawfully existing as provided below. 1.4.1 Applicability; Nonconformities. Except as herein after provided, this Bylaw shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building permit or special permit issued before the first publication of notice of the public hearing on this Bylaw or any amendments thereto, but shall apply to any change or substantial extension of such use, to a building permit or special permit issued after the first notice or said public hearing, to any reconstruction, extension or structural change of such structure and to any alteration of a structure begun after the first notice of said public hearing to provide for its use in a substantially different purpose or for the same purpose in a substantially different manner or to a substantially greater extent except where alteration, reconstruction, extension or a structural change to a single or two family residential structure does not increase the nonconforming nature of said structure. 1.4.2 Commencement of Construction or Operation. Construction or operations under a building permit or special permit shall conform to any subsequent amendments to -1- this Bylaw, unless the use or construction is commenced within a period of not more than six months after the issuance of the permit and in any case involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable. 1.5 OTHE LAWS The provisions of this By-law shall be construed as being additional to and not as annulling, limiting, or lessening to any extent whatsoever the requirements of any other by-law, rule or regulation; provided that, unless specifically excepted, where this By-law is more stringent it shall control. 1.6 AMENDMENT 1.6.1 Town Meeting. This Bylaw may be amended from time to time in an Annual or Special Town Meeting in accordance with G.L. c. 40A, s. 5. 1.6.2 Public Hearing. No zoning bylaw or amendment thereto shall be adopted until after the Planning Board has held a public hearing thereon for which a notice has been published, posted and mailed as provided in G.L. c. 40A, s. 5 and has made a report with recommendations to the town meeting or after twenty one (21) days shall have lapsed after such hearing without submission of such report. 1.6.3 Two Years. No proposed bylaw making a change in any existing zoning bylaw which has been unfavorably acted upon by a town meeting shall be considered on its merits by the town meeting within two years after the date of such unfavorable action unless the adoption of such proposed bylaw was recommended in the report of the Planning Board, pursuant to G.L. c. 40A, s. 5. 1.6.4 Petition to Amend. A descriptive plot plan shall accompany all petitions to amend this By-Law as to proposed changes to district boundary lines as shown on the zoning map. Such plan shall be filed with the Town Clerk, and a duplicate copy of such plan shall be filed with the Planning Board. The plan shall be drawn to show clearly the following information: 1. The metes and bounds of the site; 2. All streets and other reference marks; 3. All abutting lots, including the names and addresses of the present owners; 4. Any buildings or structures on the site; and -2- 5. All easements or other restrictions on the site. Except where the petitioner is the Town or its agent, the plan shall be prepared by a registered land surveyor, and his official stamp or seal shall be affixed to the plan. 1.7 SEVERABILITY The invalidity of any section or provision of this By-law shall not invalidate any other section or provision hereof. -3- SECTION 2.0 DISTRICTS 2.1 ESTABLISHMENT For the purpose of this By-law, the Town of Canton is hereby divided into the following districts, which shall be known, in the order of general restrictiveness, beginning with the most restrictive, as: RESIDENCE DISTRICTS Single Residence Districts Single Residence AA Districts Single Residence A Districts Single Residence B Districts Single Residence C Districts General Residence District BUSINESS DISTRICTS Business Districts Central Business District INDUSTRIAL DISTRICTS Limited Industrial District Industrial District OTHER DISTRICTS Parkland, Recreation and Open Space District 2.2 OVERLAY AND SPECIAL DISTRICTS In addition to the districts set forth above, the following overlay and special districts are also established in Section 9.0 Plaidtrict FPOD Groundwater Protection Overlay District GPOD Economic Opportunity Overlay District EEOD -4- OMDiilrict MUOD HvDtitrict HOD Village Housing Overlay District VHOD 2.3 ZONING MAP. All districts hereinafter referred to are located as shown on a map filed with the Town Clerk, entitled "Zoning Map for the Town of Canton, Massachusetts, March 8, 1937," with any and all amendments thereto subsequently adopted. Said map, together with all explanatory matter thereon, and amendments thereto, shall be deemed to accompany, be, and is hereby made a part of this By-law. 2.4 BOUNDARIES OF DISTRICTS. The location of the boundary lines of the districts shown upon the aforesaid map shall be determined as follows: 2.4.1 Property Line. 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. 2.4.2 Street, Rail or Utility Line. Where a boundary line is shown as following a street, railroad, or utility transmission line, the boundary shall be the center line thereof unless otherwise indicated. 2.4.3 Parallel. Where a boundary line is shown outside of the lines of a street, railroad, or utility transmission line and approximately parallel thereto, such boundary line shall be deemed parallel to the center line thereof, and where a figure is placed upon the map between such boundary line and the street, railroad, or utility transmission line, it indicates the distance in feet of such boundary line from such center line (measured at right angles thereto, unless otherwise designated). 2.4.4 Other. In any case not covered by the other provisions of this paragraph, the location of a boundary line shall be determined by the distance in feet, if given, from other lines upon the map, or if distances are not given, then by the scale of the map. 2.5 LOTS IN MORE THAN ONE DISTRICT. Where a district boundary line divides a lot laid out and duly recorded prior to the time such boundary line is established, the regulations applying to the portion of such lot in the less restricted district may be considered as extending not more than fifty (50) feet into the more restricted portion, but only if the lot has frontage on a street in the less restricted district. -5- SECTION 3.0 USE REGULATIONS 3.1 PRINCIPAL USES 3.1.1 General. No building or structure shall be designed, arranged or constructed and no building, structure or land shall be used, in whole or in part, for any purpose other than for one or more of the uses hereinafter set forth as permitted in the district in which such building, structure or land is located, or set forth as permissible by special permit in said district, and so authorized. 3.1.2 Symbols. Symbols employed in the Table of Use Regulations (Appendix A) shall mean the following: Y - Permitted as of right PNro-ibited BA - Special Permit/Board of Appeals PB - Special Permit/Planning Board 3.1.3 If Classified Under More than One Use. Where an activity may be classified as more than one of the principal uses listed in the Table of Use Regulations, the more specific classification shall determine permissibility; if equally specific, the more restrictive shall govern. 3.1.4 Table of Use Regulations. The Table of Use Regulations shall be as follows: SEE APPENDIX A 3.2 ACCESSORY USES 3.2.1 General. Uses customarily incidental to permitted uses are permitted as accessory uses in all districts. The following specific accessory uses are also permitted as set forth in the Table of Uses Regulations. 3.2.2 Home Occupation; Non-intensive. A home occupation shall be subject to the following requirements. -6- 1. Not more than one person other than residents of the premises is regularly employed thereon in connection with such use. 2.tmaiichandise is regularly carried on. 3. No external change is made which alters the residential the buildings on the premises appearance of. 4. There is no outward evidence that the premises are being used for any purpose other than residential (except for an accessory sign as hereinafter permitted). 3.2.3 Home Occupation; Intensive. The use of a portion of a dwellings or of a building accessory thereto by a resident of the premises in connection with the conduct of a profession or customary home occupation for regular class instruction, regular sale of products of the occupation, or regular employment of not more than three (3) persons other than residents of the premises; or, the use of a portion of a dwelling accessory thereto for incidental work and storage in connection with his trade by a resident builder, carpenter, electrician, painter, plumber, or other artisan who performs the major portion of his work off the premises subject to the following requirements. 1. Such use does not produce noise or other effects observable at the lot lines in amounts exceeding those normal to residential property. 2. No external change is made which alters the residential appearance of the buildings on the premises. 3. There is no outside display of goods or products, storage of materials or equipment, or regular outside parking of commercial vehicles. 3.2.4 Light Manufacturing in the Business District. Light manufacturing is permitted as an accessory use in the Business District, as is usual in connection therewith, subject to the condition that: 1. Such manufacturing does not occupy an area exceeding fifty (50) percent of the total floor area occupied by the main use. 2. The major portion of any products manufactured are to be sold at retail on the premises. 3. Not more than five (5) operators are regularly employed in such manufacturing. -7- 3.2.5 Accessory Uses in the Limited Industrial District. The following accessory uses are permitted in the Limited Industrial District. 1. Quarters for necessary caretakers and watchmen. 2. Quarters for the transient accommodation of business visitors. 3. Restaurant facilities for and sale of items to, and for the personal convenience of employees. 4. Display and sale of products of manufacturing activities on the premises. 3.2.6 Accessory Scientific Uses. Uses, whether or not on the same parcel as activities permitted as a matter of right, accessory to activities permitted as a matter of right, which activities are necessary in connection with scientific research or scientific development or related production, may be permitted upon the issuance of a special permit provided the Zoning Board of Appeals finds that the proposed accessory use does not substantially derogate from the public good. 3.3 TEMPORAR USES In any district, the Board of Appeals may authorize a temporary building, structure or use not in conformity with the provisions of this By-law, provided that such use will not be detrimental or injurious to persons, property or improvements in the vicinity and the Town. Such authorization shall not be for more than one year at a time nor be extended over more than a total of three years (whether or not consecutive). -8- SECTION 4.0 DIMENSIONAL REQUIREMENTS 4.1 GENERAL 4.1.1 Compliance Required. In each district, no land shall hereafter be used, occupied or changed and no structure or building shall hereafter be erected, altered, moved or used or occupied unless it complies with the provisions set forth in the Table of Dimensional Requirements , except as provided in G.L. c. 40A, s. 6 for nonconforming circumstances. Variations and exceptions from these minimum requirements may be specifically provided elsewhere in this By-law. 4.1.2 Reduction of Occupied Lots. No lot on which a building is located in any district shall be reduced or changed in size or shape so that the building or lot fails to comply with the lot area, frontage, coverage, setback, yard or other provisions of this By-law applicable to the construction of said building on said lot. This prohibition shall not apply, however, when a portion of a lot is taken or conveyed for a public purpose. 4.1.3 Limitation on Dwellings. Not more than one building constructed as a dwelling, or so used, shall be located on any lot except that a multifamily dwelling may, subject to the conditions of a special permit, be authorized to consist of more than one building on a lot. See Section 8.2. 4.1.4 Table of Dimensional Requirements – Residence Districts REQUIRED SRAA SRA SRB SRC GR Min. Lot Area (sq. 45,000 30,000 15,000 10,000 10,000 ft.) Min. Non-wetland 30,000 20,000 12,000 7,500 7,500 Area (sq. ft.) Min. Width 200 150 115 100 100 Through Building (ft.) Min. Frontage (ft.) 125 100 75 75 75 Max. Coverage (%) 25 25 25 25 30 Min. Required 60 60 from 60 from 60 from 60 from Setback Distance sideline of sideline of sideline of sideline of Turnpike Turnpike St., Turnpike Turnpike (ft.) St., 40 from 30 from St., 30 fromSt., 30 from sideline of sideline of allsideline of sideline of all other other streets all other all other streets streets streets Min. Required Side 40 20 15 10 10 Yard Width (ft.) -9- REQUIRI EDLIB 20 for a dwelling 25 unless the 10 unless Min. Required Rear Yard Depth except a rear yard abuts a the rear yard REQUIRED SRAA SRA SRB SRC GR 12 for a 6 for a bldg 3 for a bldg 3 for a bldg 3 for a bldg bldg. having having a having a having a having a Min. Required a height of height of height of <15 height of height of <15 ft. & <15 ft. & ft.& setback of <15 ft. & <15 ft. & Width Accessory setback of at setback of at at least 100 setback of at setback of at Bldg. (ft.) least least 150 least 100 least 100 200 35 35 35 35 and 25 35 and 25 for an for an Min. Required attached attached Rear Yard Depth roofed and roofed & (ft.) enclosed enclosed single story single story porch porch Min. Required 12 for a bldg 6 for a bldg 3 for a bldg 3 for a bldg 3 for a bldg Depth having a having a having a having a having a Accessory Bldg. height of height of height of <15 height of height of <15 ft. <15 ft. ft. <15 ft. <15 ft. (ft.) 4.1.5 Table of Dimensional Requirements - Nonresidential Districts. REQUIRED B LI I Min. Lot Areaes 1.5 Min. Lot Width 200 Through Bldg. (ft.) Min. Frontage (ft.) 7575 90 40 50 Max. Coverage (%) Min. Required 60 from sideline of 60 60 Setback Distance Turnpike St. 25 from all (ft.) other streets except no setback required from line of Washington Street within the Central Business Area Min. Required Side 6 unless the wall 25 unless side yard 20 unless side yard adjoining a side lot lineabuts a railroad right-ofabuts a railroad right-of- Yard Width (ft.) be either a party wall orway 35 if side way 35 if side yard a wall with its outer face abuts a res. District or coincident with said line abuts a bldg used primarily for residential purposes -10- (ft.) dwelling in railroad right-of- abuts a which all rooms way 35 when railroad open onto a rear yard abuts right-of-way street, yard or residential 35 if rear exterior court at district or abuts ayard abuts a least 20 in depth bldg used residential may be primarily for district or constructed residential abuts a bldg. within 6’of the purposes used rear line of its primarily for lot; 6 for all residential other bldgs. purposes Min. Depth Accessory Bldg. (ft.) 3 for building 4.1.6 with height > 15 Notes ft. to Tables of Dimensional Requirements. The following notes shall be construed as requirements of this By-Law. 1. Computation of Non-Wetland Area. In computing the "Non-Wetland Area" required for a Residential Lot, no portion of any brook, creek, stream, river, pond, lake or reservoir or portion thereof, nor any freshwater wetland as defined by the Massachusetts Wetlands Protection Act, G.L. c.131, s. 40, not any portion of a way or street, as defined by the By-law may be included in the minimum required Non-Wetland Area. 2. Dwellings in Business Districts - Area Required. In a Business District, no building shall be constructed or used as a dwelling on a lot having less lot area than the amount required for its construction in the abutting Residential District (or, where more than one such district abuts, in the particular district nearest to the building in question). 4.2 SPECIAL REGULATIONS 4.2.1 Build Factor. In all Residential Districts, no building except a one-story building of accessory use, shall be constructed on a lot which has a Build Factor of more than 23.00. The purpose of the Build Factor is to limits the degree to which a lot may have an irregular or odd shape. The Build Factor is a ratio of lot perimeter to lot area and is calculated according to the following formula: Lot Perimeter (Squared) = Build Factor Actual Lot Area 4.2.2 Setbacks. -11- 1. Determination of Setback. For the purposes of this Section, the required setback distance shall be measured from the nearest exterior line of the street in question, provided, however, that where the street has a right-of-way width of less than forty (40) feet, the setback distance shall be measured from a line on the lot twenty (20) feet from and parallel to said center line. 2. Setback Exceptions. In all districts (except where subject to the provisions hereof on "Corner Clearance"), a building may be constructed as near to the line of any street as the average of the set-backs of the dwellings or other main buildings nearest thereto on either side of the building in question. Where, in determining the average setback, the nearest main building on either side is more than three hundred (300) feet from the building in question, such side building shall not be counted, but instead the intervening space shall be considered as though occupied by a main building having the required setback (whether or not said space is laid out as a separate lot). 3. Setback for Other Uses. In all districts, no open storage or display of goods, products, materials or equipment, and no gasoline pump, vending machine or similar commercial device, and no sign over one square foot in area (except above a height of ten feet) shall be located nearer to the line of any street than either fifteen (1.5) feet or the permitted setback distance for a building on the lot, whichever distance is the lesser. 4. Side Yard Exceptions. On an existing lot in a Residential District specifically exempted from the lot width requirements hereof pursuant to G.L. c. 40A, s. 6, para. 4, the required side yard width for a dwelling or other main building may be reduced one foot for each ten (10) feet by which the width of said lot is less than the minimum specified for its district, such width being measured across the lot at the required setback line or through that part of the building where the lot Is narrowest, whichever distance is the greater; provided, however, that the side yard distance shall not be so reduced to less than sixty (60) per cent of the required minimum. 4.2.3 Projections. Nothing herein shall prevent window sills, belt courses, eaves, chimneys and cornices not exceeding eighteen (18) inches in width from projecting into any required yard or other required open space nor uncovered steps and unroofed porches from projecting six (6) feet into required side yard width or nine (9) feet into required set back distance or required rear yard depth. 4.2.4 Corner Clearance. In all Residential District, no building shall be constructed within the triangular area formed by the exterior lines or intersecting streets and a line joining points on such lines twenty-five (25) feet distant from their point of intersection -12- (or, in the case of a rounded corner, the point of intersection of their tangents), and no structure other than a building, no tree, shrub or other planting, and no open display, storage or other open use shall be located within said triangular area in such a manner as to interfere with traffic visibility across the corner. 4.2.5 Corner Lots. In all Residential Districts, in the case of a corner lot, no dwelling shall be constructed so as to be nearer to the line of any street than the "Required Setback Distance" or nearer to the side lines or rear lines of its lot than the "Required Rear Yard Depth" specified for the district in which the corner lot is located. 1. With respect to side and rear yards of a corner lot, the side opposite the Post Office address front setback shall be considered a "Rear Yard" and the side opposite the other front setback shall be considered a "Side Yard". All setback distances shall comply with the required distances specified for the district in which the corner lot is located. 4.2.6 Swimming Pools. In all residential districts no swimming pools shall be placed so as to be nearer the line of any street than the required setback distance for the main building in that district. In all residential districts no swimming pools shall be placed nearer than 10 feet from any abutting property lines. 4.2.7 Hotel or Motel in the LI District. A hotel or motel shall be a permitted use if located on a lot containing not less than ten (10) acres and constituting the main use thereof 4.3 HEIGH RTEGULATIONS 4.3.1 Maximum Height of Buildings. In all districts, no building shall be constructed to exceed the "Maximum Height" specified in the following table for the district in which said building is located: -13- HeightDistrict Maximum Residence AA 25 ft plus one foot for each additional foot Residence A by which: (a) the setback exceeds the Residence B required setback distance, or (b) the Residence C narrower side width, or (c) rear yard depth, General Residence whichever of the three additional distances is the smallest; provided, however, the height shall not in any case exceed 40 feet. Limited Industrial 40 feet or four stories, whichever is lower Industrial 52 feet or four stories by Special Permit feet Business 40 4.3.2 Height Determination of Structures and Buildings. Maximum building height shall be determined in accordance with the Massachusetts State Building Code. 1. When located on the ground, the maximum height of structure other than buildings, shall be the highest point on the structure and shall not exceed the maximum height for buildings in feet as set forth in Section 4.3.1. Structures may be located in a required front, rear or side yard provided the height of the structure is not greater than its horizontal distance from the lot line, except that a fence or wall not greater than seven (7) feet in height may be located on, or closer to a lot line than seven (7) feet. 4.3.3 Exception for Structures Not Used for Human Occupancy. Structures erected on a building and not used for human occupancy, such as chimneys, heating, ventilating or air conditioning equipment, solar or photo-voltaic panels, elevator housings, antennas, skylights, cupolas, spires and the like may exceed the maximum height of building in feet provided that no part of the structure is more than fifteen (15) feet higher than the upper elevation of the building and the total horizontal coverage of such structures on the building does not exceed twenty-five (25) percent. 4.3.4 Exception for LI or I Districts. In a Limited Industrial District or Industrial District, the Board of Appeals may, in a specific case, issue a special permit to allow a maximum height of fifty-two feet (52') for a building, notwithstanding the height limits otherwise set forth in Section 4.0, in accordance with the following provisions 1. The maximum height for any building may be increased by one foot for each two feet by which the required setback otherwise required under Section 4.1; and 2. The maximum increase in allowable height available hereunder shall be twelve feet, so that in no event shall the maximum height of any building exceed fifty- two feet (except for non-habitable structures as provided in Section 4.4) or provide for more than four stories, and -14- 3. The required side yard width for any building that exceeds forty (40) feet in height shall not be less than sixty feet, and 4. The minimum lot area for any building that exceeds forty (40) feet shall be eight (8) acres, and 5. The provision of this Section 4.3.4 shall not apply to any above grade structured parking 4.3.5 Additional Height Limitation Where Side Yard Exception. Where the side yard width for a main building in a Residential District is reduced below the minimum specified for its particular district by an authorized side yard exception (as permitted in Section 4.35), no portion of said main building nearer to the side line of its lot than the specified side yard distance shall exceed 15 feet in height. -15- SECTION 5.0 NONCONFORMING USES AND STRUCTURES 5.1 APPLICABILITY. This 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 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. 5.2 NONCONFORMING USES. The Board of Appeals may award a special permit to change a nonconforming use in accordance with this section only if it determines that such change or extension shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. The following types of changes to nonconforming uses may be considered by the Board of Appeals: 5.2.1 Change or substantial extension of the use; 5.2.2 Change from one nonconforming use to another, less detrimental, nonconforming use. 5.3 NONCONFORMING STRUCTURES. The Board of Appeals may award a special permit to reconstruct, extend, alter, or change a nonconforming structure in accordance with this section only if it determines that such reconstruction, extension, alteration, or change shall not be substantially more detrimental than the existing nonconforming structure to the neighborhood. The following types of changes to nonconforming structures may be considered by the Board of Appeals: 5.3.1 Reconstructed, extended or structurally changed; 5.3.2 Altered to provide for a substantially different purpose or for the same purpose in a substantially different manner or to a substantially greater extent; 5.4 VARIANCE REQUIRED. Except as provided in Section 5.5, below, the reconstruction, extension or structural change of a nonconforming structure in such a manner as to increase an existing nonconformity, or create a new nonconformity, shall require the issuance of a variance from the Board of Appeals; provided, however, the extension of an exterior wall at or along the same nonconforming distance within a required yard, shall require the issuance of a special permit from the Board of Appeals. 5.5 NONCONFORMING SINGLE AND TWO FAMILY RESIDENTIAL STRUCTURES. Nonconforming single and two family residential structures may be -16- reconstructed, extended, altered, or structurally changed upon a determination by the Building Commissioner that such proposed reconstruction, extension, alteration, or change does not increase the nonconforming nature of said structure and provided that the square footage of the nonconforming structure is not increased by more than twenty- five percent (25%). The following circumstances shall not be deemed to increase the nonconforming nature of said structure: 5.5.1 Insufficient Area. Alteration to a structure located on a lot with insufficient area which complies with all current setback, yard, building coverage, and building height requirements; 5.5.2 Insufficient Frontage. Alteration to a structure located on a lot with insufficient frontage which complies with all current setback, yard, building coverage, and building height requirements; 5.5.3 Other Encroachment. Alteration to a structure which encroaches upon one or more required yard or setback areas, where the alteration will comply with all current setback, yard, building coverage and building height requirements. 5.5.4 Exceptions Do Not Apply. In the event that the Building Commissioner determines that the above exceptions do not apply, the Board of Appeals may by special permit allow such reconstruction, extension, alteration, or change where it determines that the proposed modification will not be substantially more detrimental than the existing nonconforming structure to the neighborhood. For the purposes of this subsection, the term “reconstruction” shall not mean the total demolition and rebuilding of the premises, which is governed by subsection 7, below. 5.6 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 By-law; provided, however, that the Board of Appeals, by the grant of a special permit, may authorize the reestablishment of a nonconforming use or structure where such reestablishment shall not result in substantial detriment to the neighborhood. 5.7 RECONSTRUCTION AFTER CATASTROPHE OR DEMOLITION. A nonconforming single family or two-family structure may be reconstructed after a catastrophe or after voluntary demolition in accordance with the following provisions: 5.7.1 Reconstruction of said premises shall commence within two years after such catastrophe or demolition. -17- 5.7.2 Building(s) as reconstructed shall be located on the same footprint as the original nonconforming structure, shall be only as great in volume or area as the original nonconforming structure. 5.7.3 In the event that the proposed reconstruction would (a) cause the structure to exceed the volume or area of the original nonconforming structure or (b) cause the structure to be located other than on the original footprint, a special permit shall be required from the Board of Appeals prior to such demolition. 5.8 REVERSION TO NONCONFORMITY. No nonconforming use shall, if changed to a conforming use, revert to a nonconforming use. -18- SECTION 6.0 GENERAL REGULATIONS 6.1 OFF-STREET PARKING 6.1.1 Parking Requirements in All Districts. In all districts, there shall be provided and maintained improved off-street automobile parking spaces in connection with the erection, establishment or increase by units or dimensions of buildings, structures and uses, in the following amounts. For the purposes of this Section, "gross floor area" means the total floor area contained within the exterior walls, including any mezzanine, space used for heating and other utilities and for incidental storage. PRINCIPAL USE REQUIRED PARKING Detached dwelling unit One (1) space Dwelling unit - multifamily dwelling Two (2) spaces per unit Boarding and lodging houses, tourist One parking space for each sleeping homes, hotels, motels, hospitals, room for single or double occupancy, or, sanitariums, convalescent and nursing where not divided into such rooms (as in homes a dormitory), one space for each two (2) beds Places of public assembly, including One (I) parking space for each two (2) meeting halls, auditoriums and stadiums, seats. Where benches are used each two libraries, museums, art galleries, (2) lineal feet of bench shall equal one community buildings, private clubs and seat; where no fixed seats are used (as in lodges, funeral parlors, restaurants (except a terminal or dance hall) each twenty fast food restaurants), and other eating and (20) square feet of public floor area shall drinking establishments, theaters, bowling equal one seat. alleys, dance halls and other amusements, bus depots and other passenger terminals Recreational uses not involving, intensive Sufficient parking spaces as are deemed assembly, such as boat liveries, riding adequate by the Board of Appeals to stables, ski grounds, golf driving ranges, accommodate the automobiles of and the like employees and patrons during peak usage periods of a normal in-season Saturday or Sunday. -19- PRINCIPAL USE ( continued) REQUIRED PARKING Retail stores and offices, including One parking space for each two hundred salesrooms and showrooms, consumer fifty (250) square feet of gross floor area service establishments, public on the ground floor plus one additional administration buildings, business and space for each five hundred (500) square professional offices, executive and feet of gross floor area on all other administrative offices, banks and other floors. financial institutions All other business uses, including drive- Sufficient spaces as are deemed adequate ins, fast food restaurants, open air sales by the Board of Appeals to accommodate lots, automobile repair garages and motor the automobiles of employees and vehicle fuel stations patrons under conditions expected during the peak business hours of the average day. Storage, distribution, manufacturing and One parking space for each two hundred industrial uses, including shops of the fifty (250) square feet of gross floor area building trades, wholesale showrooms, on the ground floor (as defined above), printing and publishing establishments, or one parking space for each three (3) warehouses, contractors plants, lumber employees (based upon the maximum yards, trucking terminals, laboratories and number employed at any one time), utility plants whichever requires the greater number of parking spaces. 6.1.2 Mixed Uses. In the case of mixed uses, the parking spaces required shall be the sum of the requirements for the various individual uses, computed separately in accordance with this Section; parking spaces for one use shall not be considered as providing the required parking facilities for any other use unless it can be clearly demonstrated to the Board of Appeals that the need for parking occurs at different times. 6.1.3 Exceptions. Notwithstanding the other provisions of this Section, off-street parking spaces need not be provided in the following cases: 1. For detached family dwellings in any district where the computed requirement is two (2) spaces or less. 2. For stores, offices and other lawful uses located in a Business District within the Central Business Area (as herein defined) where the total requirement of all uses in the same building, or in the same establishment if occupying more than one building, is five (5) spaces or less. -20- 6.1.4 Changes In Requirements. Whenever after the date of adoption of this By-Law, there is a change in the lawful use of the premises or in any unit of measurement specified in any of the foregoing paragraphs of this section, which change separately or when combined with previous changes, creates a need for an increase or decrease of more than ten per cent (10%) of the number of off-street parking spaces as determined by the provisions of this section, more off-street parking spaces shall, and fewer spaces may, respectively, be provided within six months on the basis of the adjusted needs. 1. Where parking requirements of a building constructed after adoption of the Design Standards are to be met by utilizing spaces previously constructed in connection with an earlier building or buildings, those spaces directly related to the requirements of the new buildings shall conform to these Design Standards as shall all related access drives and aisles. 6.1.5 Location of Facilities. Off-street parking spaces, to the extent required in this Section, may be provided either on the same lot or premises with the parking generator or on any lot or premises associated therewith a substantial portion of which, at least, is within three hundred (300) feet of such generator. 6.1.6 General Design. Off-street parking facilities and connecting drives between such facilities and the street shall be designed to insure the safety and convenience of persons traveling within or through the parking area, and between the parking facility and the street. The provisions outlined herein shall be considered minimum criteria for evaluating such design. 1. The surfaced area of parking lots and all entrance and exit drives shall be set back a minimum of five feet from all lot lines, except when an access drive crosses the street layout. Such setback shall be seven feet where two feet of setback area is included in minimum depth as provided herein. Such setback area shall be landscaped and maintained. 6.1.7 Spaces. Each space shall be in a parking lot designed with appropriate means of vehicular access between each space and the street and shall have minimum dimensions of nine (9) feet by eighteen (18) feet exclusive of access drives or aisles except in the following instances: 1. Parking spaces parallel to the flow of traffic shall have minimum dimensions of eight (8) feet by twenty one (21) feet. 2. Stall depth may include up to two (2) feet of any landscaped area adjacent to the front or rear of a stall and used for bumper overhang. -21- 3. Spaces in parking lots shall be set back from the street lot line to whatever extent may be necessary in the specific situation, as determined by the Zoning Board of Appeals, to avoid the probability of cars backing or otherwise maneuvering on the sidewalk upon entering or leaving the space. In no other case shall parking lots be designed to require or encourage cars to back onto a public or private way in order to leave the lot. 6.1.8 Aisles. Aisles providing vehicular access to individual parking spaces shall be a minimum of twenty four (24) feet in width where spaces are laid out and at an angle of ninety (90) degrees to the aisle. Aisles designed for one-way traffic flow with parking spaces laid out at an angle less than ninety (90) degrees to the direction of vehicle travel may have reduced widths as indicated in the following table: Parking Angle Minimum Aisle Width Thirty (30) degrees Twelve (12) feet Forty five (45) degrees Thirteen (13) feet Sixty (60) degrees Eighteen (18) feet 6.1.9 Maintenance. Parking facilities and connecting drives shall be provided and maintained with a permanent, dust-free surface with individual spaces properly marked and maintained. Adequate drainage shall be provided. 6.1.10 Use for Parking Only. Required spaces shall be used for automobile parking only, with no sales, dead storage, repair work, dismantling, or servicing of any kind. 6.1.11 Landscaping; Parking Areas with Twenty or More Spaces. All proposed parking areas with twenty (20) or more parking spaces and all proposed truck loading areas with four or more bays shall be shown on a Site Landscape Plan prepared by a registered professional Landscape Architect. The plan shall show the layout of the parking area or leading bay, the access and egress, location of trees and shrubs, location and type of any proposed lighting, loading spaces and the provisions for surface and subsurface drainage. These requirements are in addition to the requirements for greenbelts in Limited Industrial District and Industrial District. 1. The landscaped area shall be at least five (5%) percent of the total interior parking lot area and five (5%) percent of the loading bay area. Landscape areas shall be an integral part of the parking lot or loading bay and shall contain an appropriate mix of shade trees and other plants. Planting along the exterior perimeter of a parking area, whether for required screening or general beautification, shall not be considered part of the five (5%) percent interior landscape -22- 6.1.12 Parking Areas with Fifty or More Spaces. Any parking area designed to accommodate more than fifty (50) motor vehicles at a time shall contain access drives which shall be bounded by granite or concrete curbing broken only at intersections with other access drives, parking aisles and/or the street or where such curbing would be contrary to good engineering practice. 6.1.13 Access Drives. Access drives shall be a minimum of thirty (30) feet wide unless a median island is provided between opposing directions of vehicular travel. Drive connections or curb cuts shall not exceed seventy (70) feet at the street line unless a special permit is granted on the basis that such additional width is necessary for the safety and convenience of traffic movement. Access drives shall have a permanent dust free surface. The use shall not be for providing storage or the standing of such vehicles, but for the passage of motor vehicles. The Board of Appeals may grant a waiver to this Section Article by a special permit. 6.1.14 Parking Garages. Community or group parking solely for the parking of motor vehicles of residents or employees, or customers of nearby (or the same) buildings; provided that parking garages, parking decks or any other parking structures and the parking of any motor vehicles shall be limited to parking at ground level or to a maximum of twelve (12) feet below finished grade level and shall be prohibited above ground level in any and all districts. 6.1.15. Special Permit. The Zoning Board of Appeals may, by special permit, authorize a deviation form any parking requirement set forth in this Section 6.1, provided that such relief shall not result in substantial detriment to the neighborhood. 6.2 LOADING AREAS 6.2.1 General. Except in the Business District of the Central Business Area in addition to the requirements for automobile parking space, there shall also be provided for each building or group of buildings sufficient off-street loading spaces to insure that all loading operations take place off the public way. Loading spaces and access drives leading thereto shall be so designed that vehicles to be loaded or unloaded are not required to maneuver in the public way to enter or leave the designed loading area. 6.2.2 Requirements. The following number of loading bays shall be required for new structures by gross floor area of structure (in thousands of square feet): -23- Uses 2-15 15-50 50-100 100-150 150-300 Over 300* Retail, Trade, 2134 5 1 Wholesale and Storage, Industry, Communications and Utilities Consumer 2134 5 1 Services, Office Buildings, Hotel, Recreation, Institution, and Education 6.2.3 Special Permit. The Zoning Board of Appeals may, by special permit, authorize a deviation form any loading requirement set forth in this Section 6.2, provided that such relief shall not result in substantial detriment to the neighborhood. 6.3 SIGNS 6.3.1 Purpose. This section is adopted by the Town for the regulation and restriction of billboards, signs, and other advertising devices within the Town. 6.3.2 Administration and Enforcement. The Building Commissioner is hereby designated and authorized as the officer charged with the enforcement of this Section. 6.3.3 Permits. No sign, billboard, or other advertising device shall be erected on the exterior of any building or on any land, and no sign shall be altered or enlarged, until an application, on appropriate forms furnished by the Building Commissioner, has been filed with the Building Commissioner with such information, including photographs, plans, and scale drawings, as he may require, and a permit for such erection, alteration, or enlargement has been issued by him. The fee for such permits shall be determined from time to time by the Selectmen. 6.3.4 Exceptions. The provisions of Section 6.3 shall not apply to: 1. Signs permitted in a residential area as provided herein. 2. One real estate sign advertising the premises for sale or rent of not over six square feet in area located on premises in a business area. -24- 6.3.5 Public Announcements. The Board of Selectmen may authorize in any zoning district a temporary sign or signs for public safety or government message purposes. Requests for placement of said signs shall be made to the Board of Selectmen by any Town of Canton official or elected or appointed board on a form to be supplied by the Board of Selectmen. The Board may consider in its decision the following: 1. Size of the sign, but in no event larger than twenty five (25) square feet in area. 2. Whether the sign shall be illuminated and, if so, during what time periods. 3. Dates for erecting and removing the sign. 4. The distance the sign shall be back from the paved surface of any public way, but in no event less than two and one half (2.5) feet. 5. The message on the sign. 6. The number of colors on the sign, but in no event more than four (4) including the color white. 7. The total number of signs to be erected. 8. The location or locations of the sign or signs. 6.3.6 Appeals. A person aggrieved by an order or decision of the Building Commissioner under this Section may appeal to the Board of Appeals. It shall be the duty of the Board to hear the appeal of any person aggrieved by an order or decision of the Building Commissioner, and to hear and determine all applications for special permits as provided for under this Section. 6.3.7 Signs in Residential Districts. 1. Accessory Signs. No accessory sign shall be erected or maintained on any lot in a Single Residence or General Residence District except as set forth herein. a. There may be one (1) such sign for each lot, indicating only the name of the owner or occupant, the street number, and a permitted use or occupation in the particular area under this Zoning By-law. Such sign may be a standing sign, but shall not exceed one (1) square foot or, where a permitted use or occupation is set out, two (2) square feet in area. -25- b. There may be one temporary unlighted sign on each lot advertising the sale or rental of the premises or the name and address of the contractor, architect and engineer responsible for any construction on the premises, provided that such sign shall not exceed twelve (12) square feet in area and shall be removed promptly after such sale, rental or construction has been effected. c. No accessory sign shall be illuminated except by a white, steady, stationary light shielded and directed solely at the sign. The foregoing is applicable whether the sign is exterior to a building or designed to be visible through a door or window. d. Churches, schools and public or other non-profit uses shall not be subject to the limitations set forth above. 2. Non-Accessory Signs. No non-accessory sign shall be erected or maintained in a single Residence or General Residence District. 6.3.8 Business, Limited Industrial and Industrial Areas. 1. Accessory Signs. In a Business, Limited Industrial or Industrial District, only those accessory signs which are permitted in residential areas, (as provided in Section 6.3.7 or which comply with the following provisions of this Section may be erected or maintained. a. Location. An accessory sign shall be affixed to a building except as hereinafter provided as to standing signs. b. An accessory sign affixed to a building shall be parallel with a wall of the building and shall not project beyond the face of any other wall of the building, or above the top of the wall to which it is attached. Roof signs are not permitted. c. The sign shall not project more than twelve (12) inches. 2. Standing Signs. Standing signs are prohibited except as follows: a. Any such signs, permits for which, in particular instances, may be granted by the Board of Appeals, in accordance with the provisions of Section 6.3.9. -26- b. During the construction of a building, a temporary standing sign may be erected on the premises identifying the building, the owner, the contractors, the architects, and the engineers, but such sign shall not exceed twenty (20) square feet in surface area, nor ten (10) feet in any dimension. Such sign shall be removed promptly after the completion of the building. c. Size. A sign shall not occupy an area in excess of one hundred square feet. For purposes of applying this maximum space limitation, any intermediary removable surface to which a sign is affixed shall be deemed part of the sign; and any sign composed of separate letters or devices cut into or affixed to a wall shall be deemed to occupy the entire area within a single continuous perimeter enclosing the extreme limits of the sign, including any structural elements. d. Number. There shall be not more than one (1) exterior sign for each business establishment consisting of a single building, except that, if such building has more than one public entrance, there may be a secondary sign affixed to each wall in which such entrance is located other than the wall to which the principal sign is affixed. If a business establishment consists of more than one building, a secondary sign may be affixed to a wall of each such building. The secondary sign or signs for any business establishment shall not exceed in the aggregate fifty (50%) per cent of the maximum permissible area for a single sign for said business establishment. e. In addition to the foregoing sign or signs, one directory of the business establishments occupying a building may be affixed to the exterior wall of the building at each entrance to the building. Such directory shall not exceed an area determined on the basis of one (1) square foot for each establishment occupying the building. 3. Illumination. No sign shall be illuminated except in accordance with the following restrictions: a. No sign shall contain any moving, flashing or animated lights, except such portions of a sign as consist solely of indicators of time and temperature. b. No more than four (4) colors including white, shall be used. No red or green lights shall be used if, in the opinion of the Chief of Police, such colors would create a driving hazard. -27- c. Exposed gaseous tube-type signs shall not exceed ten (10) square feet in area; signs illuminated by reflected or silhouette-type lighting are not subject to this limitation. d. No sign shall be illuminated between the hours of eleven (11) o'clock P.M. and seven (7) o'clock A.M., unless the business establishment or office is open to the public. e. No illumination shall be permitted which casts glare onto any portion of any street, or residential premises. f. The provisions of this Section shall apply not only to exterior signs, but also to interior signs which are designed or placed to show through windows or doors of buildings. 4. Movement. No sign, any part of which moves or is designed to move, by any means, shall be permitted, except such portions of a sign as consists solely of indicators of time or temperature. 5. Construction and Maintenance. No sign shall be painted or posted directly on the exterior surface of any wall, but all signs must be painted, posted or otherwise securely affixed to a substantial intermediary removable surface which shall be securely affixed to the building. The foregoing, however, shall not prevent installation of a sign by individual letters or devices securely affixed to the exterior wall of a building. The material and construction of any sign and intermediary surface, and the manner of affixation of the sign to the intermediary surface, and the intermediary surface to the wall of the building, shall be in accordance with any applicable provisions of the Building Code of the Town of Canton, and, otherwise, with the reasonable requirements of the Building Commissioner. All signs, together with their structural elements, shall be kept in good repair and in a proper state of preservation to the reasonable satisfaction of the Building Commissioner. The Building Commissioner may order the removal of any sign that is not maintained in accordance with the provisions of this By- law. 6.3.9 Special Requirements. 1. Motor vehicle fuel stations and garages may, if they elect to do so, divide the one exterior sign affixed to the front wall of the building, to which they are entitled as herein above provided, into separate signs affixed to and parallel to such walls, and indicating the separate operations or departments of the business, -28- provided, however, that the total size of the separate signs shall not exceed the maximum size permitted under this section for a single exterior sign on such wall. In addition, one standing sign, indicating the company whose gasoline is being sold, may be erected of such type, in such location, and in such manner, as the Board may permit. The standard type of gasoline pump, bearing thereon, in usual size and form, the name or type of gasoline and the price thereof, shall not be deemed to be in violation of this Section. The Board of Appeals shall have the right, after a public hearing, to issue a special permit to a gasoline filling station to have one (1) two-sided sign attached to a free-standing sign pole for the limited purpose of displaying daily prices of gasoline. The price sign shall be no larger than twenty (20) square feet and have no more than two (2) colors. 2. In particular instances, the Board, at a regularly scheduled meeting, may permit standing signs, if it shall find that the nature of the use of the premises, or the location of the building with reference to the street or streets is such that a standing sign or signs may be permitted in harmony with the general purpose and intent of this Section, subject to the following requirements: (a) Any such sign shall not exceed: (i) one hundred (100) square feet in area; or (ii) twenty (20) feet in any dimension; or (iii) twenty (20) feet in height from the ground. No such sign shall be located within fifteen (15) feet of any property boundary line. (b) In granting such permission, the Board shall specify the size, type and location of the sign and impose such other terms, restrictions and conditions as it may deem to be in the public interest. 3. The regulations contained in Section 6.3.8 shall not apply to any sign limited solely to directing traffic within, or setting out restrictions on the use of parking areas and not exceeding four (4) feet in area. 4. A business may affix to any existing lawful sign or on the exterior wall of its building a sign advertising available employee positions. The particular employee positions available may be altered without specific authorization for each alteration. Such sign shall not exceed fifty (50) square feet. No such sign shall be erected until a permit has been obtained from the Building Commissioner pursuant to Section 6.3.8. Said permit shall expire on the ninety-first day following the date it was issued, provided, however
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