[Amended 4-7-2011 ATM by Art. 19]
1101.1.
Business Districts A and Business Districts B are hereby established. In these districts, no building or structure, and no alteration, enlargement or extension of an existing building or structure, may be constructed and no building, structure, or lot or part thereof may be used for any purpose or in any manner other than as provided in the Table of Principal Uses by District, § 198-802. The provisions of Article 6, Site Plan Approval, shall apply as described in the Table of Principal Uses by District, § 198-802.
[Amended 5-5-1999 STM by Art. 9]
[Amended 4-7-2011 ATM by Art. 19; 5-15-2022 ATM by Art. 13]
1102.1.
See Article 7, Area, Yard and Bulk Regulations and Article 8, Dimension and Use Tables. The ZBA, in accordance with § 198-203, may permit additional retail business and service uses when such uses are clearly similar to those permitted herein.
[Amended 5-5-1999 STM by Art. 9]
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[Amended 5-5-1999 STM by Art. 9; paragraphs deleted]
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1102.1.1.
Restaurants shall be permitted as described in the Table of Permitted Uses by District. Where the Table of Principal Uses by District, § 198-802, requires either a permit from the Zoning Board of Appeals (ZBA) or a special permit, the ZBA shall satisfy itself that a clearly established need of the Town will be served thereby and where the ZBA shall satisfy itself that the use of the premises shall not be against the public interest, shall not derogate from the character of the neighborhood in which such use is to occur and shall not be detrimental or offensive because of noise, vibrations, smoke, gas, fumes, odor, dust or other objectionable features and that such use shall not otherwise be injurious to the inhabitants or their property or dangerous to the public health or safety, subject, however, to the following:
[Amended 3-20-1974 ATM by Art. 61; 5-5-1999 STM by Art. 9]
1102.1.1.1.
The Planning Board may allow, by site plan approval, food or beverages to be served or consumed on the premises outside a building that contains a lawfully-existing Restaurant in any zoning district, where such service or consumption is incidental to such service and consumption inside the building, subject to such safeguards and limitations as it may impose. Sections 198-604 through 198-609 of this Zoning Bylaw shall apply to this subsection, provided however that the Planning Board may waive in its discretion any submittal or procedural requirement that it deems excessively burdensome, unnecessary or redundant to a particular application.
1102.1.1.2.
The area of the lot to be traversed by
motor vehicles shall be paved or otherwise covered with a suitable
material.
1102.1.1.3.
Properties in abutting residential districts
shall be protected from headlight glare by such methods as the ZBA
may require. Any protection required shall be maintained in good condition
at all times. No signs or advertisements may be attached to any protective
screening or fence except on the side facing the use of the building,
structure, or lot. Such protective screening or fence may be interrupted
by normal entrances or exits.
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[Amended 4-28-1986 ATM by Art. 27: paragraph deleted]
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1102.1.1.4.
Illumination of outdoor areas shall be
shielded so as not to shine upon any property in a residential district.
1102.1.1.5.
The use of banners, pennants, pinwheels
or other advertising novelties is prohibited.
1102.1.1.6.
The ZBA may impose such additional conditions
with respect to the size, construction, use, maintenance and operation
of the premises, and the vehicular and pedestrian access thereto,
as may be appropriate.
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[Amended 5-5-1999 STM by Art. 9: paragraphs deleted]
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1102.1.2.
Automobile sales.
1102.1.2.1.
Automobile sales shall be permitted in those districts as described in the Table of Principal Uses by District, § 198-802, and subject to the following:
[Amended 5-5-1999 STM by Art. 9]
1102.1.2.1.1.
Washing, lubricating and major repairing
of vehicles are to be performed inside enclosed buildings.
1102.1.2.1.2.
Dispensing of fuels, lubricants and fluids
is to be done entirely on the lot.
1102.1.2.1.3.
Auto dismantling and junk operations
are prohibited.
1102.1.2.1.4.
The entire area of the lot to be traversed
by motor vehicles shall be paved.
1102.1.2.1.5.
Driveways shall be paved and join streets
and cross sidewalks at right angles, shall not be more than 24 feet
nor less than 10 feet wide at any point, shall be at least 10 feet
from any lot line and 25 feet from the intersection of street lot
lines and shall be at least 20 feet apart. No more than two driveways
may be permitted for each 100 feet of street frontage. Where approval
by the MassDOT, or successor agency, is required in connection with
driveway openings onto state highways, the prior provisions of this § 198-1102.1.4.1.7
shall be waived, and the regulations of said MassDOT shall be applicable.
[Amended 5-5-1999 STM by Art. 11]
1102.1.2.1.6.
No parts or partially dismantled vehicles
may be stored out-of-doors.
1102.1.2.1.7.
Minimum lot area for automobile sales
shall be two acres, and minimum frontage shall be 200 feet, and a
structure(s) shall not be less than 100 feet from any residential
building.
[Amended 4-28-1986 ATM by Art. 27: paragraph deleted]
1102.1.2.1.8.
Buildings may occupy no more than 25%
of the lot.
1102.1.2.1.9.
The minimum setback for all structures
shall be 40 feet from the street lot line, and setbacks from other
lot lines shall be 25 feet.
[Amended 5-5-1999 STM by Art. 11]
1102.1.2.1.10.
Properties in abutting residential districts
shall be protected from headlight glare by either:
1102.1.2.1.10.1.
A strip at least four feet wide densely
planted with shrubs at least four feet high at time of planting and
that are a type that may be expected to form a year-round dense screen
at least six feet high in three years; or
1102.1.2.1.10.2.
An opaque fence of uniform appearance
at least five feet high but not more than seven feet high above finished
grade.
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[Amended 4-28-1986 ATM by Art. 27: paragraph deleted]
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1102.1.2.1.11.
Protection afforded by § 198-1102.1.2.1.10.1
or 1102.1.2.1.10.2 above shall be maintained in good condition at
all times. No signs or advertisements may be attached thereto, except
on the side facing the use of the building, structure, or lot. Such
protective screening or fences may be interrupted by normal entrances
or exits.
1102.1.2.1.12.
Illumination on outdoor areas shall
be shielded so as not to shine on any property in a residential district.
1102.1.2.1.13.
The use of banners, pennants, pinwheels
or other advertising novelties is prohibited.
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[Amended 5-5-1999 STM by Art. 9: paragraphs deleted]
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1102.1.3.
The ZBA, in accordance with § 198-203, may permit additional retail business and service uses when such uses are clearly similar to those permitted herein.
1102.1.4.
Automobile service stations and automobile service garages.
[Amended 5-5-1999 STM by Art. 9]
1102.1.4.1.
Automobile service stations and automobile service garages shall be permitted in those districts as described by the Table of Permitted Uses by District. Where a permit from the ZBA or special permit is required as described in the Table of Principal Uses by District, § 198-802, the ZBA shall satisfy for itself that a clearly established need will be served thereby, and subject to the following:
1102.1.4.1.1.
Washing, lubricating and making of repairs
shall be performed inside the building.
1102.1.4.1.2.
No major repairs, such as body work,
are to be performed.
1102.1.4.1.3.
Sale or rental or display for sale or
rental of motor vehicles or trailers is prohibited.
1102.1.4.1.4.
No services or merchandise other than
accessory, portable automotive merchandise may be displayed or sold
on the premises.
1102.1.4.1.5.
The area of the lot to be traversed by
motor vehicles shall be paved.
1102.1.4.1.6.
Minimum lot area for an automobile service
station shall be 40,000 square feet, and minimum frontage shall be
200 feet on any street, and structures shall not be less than 100
feet from any residential building. The minimum lot area for an automobile
service garage shall be 30,000 square feet, and minimum frontage shall
be 125 feet.
1102.1.4.1.7.
Driveways shall be paved and join the
street and cross sidewalks at right angles; shall not be more than
24 feet nor less than 10 feet wide at any point; shall be at least
10 feet from any lot line and 20 feet from the intersection of street
lot lines; and shall be at least 20 feet apart. No more than two driveways
may be permitted for each 100 feet of street frontage. Where approval
by the MassDOT is required in connection with driveway openings onto
state highways, the prior provisions of this § 198-1102.1.4.1.7
shall be waived, and the regulations of MassDOT shall be applicable.
1102.1.4.1.8.
No vehicles shall be stored out-of-doors,
except for those used by employees and those used in the direct operation
of the business.
1102.1.4.1.9.
No parts or partially dismantled motor
vehicles may be stored out-of-doors.
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[Amended 4-28-1986 ATM by Art. 27: paragraph deleted]
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1102.1.4.1.10.
Buildings and structures may occupy
no more than 25% of the lot.
1102.1.4.1.11.
The minimum setback of all structures,
except gasoline pumps, shall be 40 feet from the street and 25 feet
from other lot lines. Gasoline pumps shall be set back at least 20
feet from the street lot line and 25 feet from other lot lines.
1102.1.4.1.12.
Properties in abutting residential districts
shall be protected from headlight glare by either:
1102.1.4.1.12.1.
A strip at least four feet wide densely
planted with shrubs at least four feet high at time of planting and
that are a type that may be expected to form a year-round dense screen
at least six feet high in three years; or
1102.1.4.1.12.2.
An opaque fence of uniform appearance
at least five feet high but not more than seven feet above finished
grade.
1102.1.4.1.12.3.
Protection afforded by § 198-1102.1.4.1.12.1
or 1102.1.4.1.12.2 above shall be maintained in good condition at
all times. No signs or advertisements may be attached thereto, except
on the side facing the use of the building, structure, or lot. Such
protective screening or fence may be interrupted by normal entrances
or exits.
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[Amended 4-28-1986 ATM by Art. 27: paragraph deleted]
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1102.1.4.1.13.
Illumination on outdoor areas shall
be shielded so as not to shine upon any property in a residential
district.
1102.1.4.1.14.
The use of banners, pennants, pinwheels
or other advertising novelties is prohibited.
[1]
Editor's Note: Former § 198-1103, Permitted uses
in Business District B, as amended 5-5-1999 STM by Art. 9; and 4-7-2011 ATM by Art.
19, was repealed 5-15-2022 ATM by Art. 13.
1104.1.
Height, area and yard requirements.
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[Amended 5-14-1998 ATM by Art. 48; 5-5-1999 STM by Art.
9: paragraph deleted]
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1104.1.1.
In both Business Districts A and B, all signs as permitted herein
and all outdoor displays as permitted herein shall be located not
closer than 15 feet to the exterior line of any public or private
way.
1104.1.3.
In Business District B, the following provisions apply:
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[Amended 5-5-1999 STM by Art. 9; paragraph deleted]
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1104.1.3.1.
Exception to the setback requirements from street lot lines for buildings and structures may be made by the ZBA, in accordance with § 198-203, upon presentation of a site plan for approval (See Article 6.), provided that the exception does not reduce the distance to less than 15 feet and that the plan is made in such manner as to minimize the generation of traffic hazards.
[Amended 5-5-1999 STM by Art. 9; 5-5-1999 STM by Art. 11]
1104.1.3.2.
For buildings in a Business District B,
the ZBA, as outlined above, may grant exception to the fifteen-foot
requirement of § 198-1104.1.3.1, provided that such is necessary
to permit development of an integrated group of buildings on separate
parcels of land.
[Amended 5-5-1999 STM by Art. 9]
[Amended 4-28-1975 ATM by Art. 26; 4-28-1986 ATM by Art. 27; 4-7-2011 ATM by Art. 19]
1106.1.
In both Business Districts A and B, in the event of the construction,
reconstruction or substantial alteration of any building or structure
that is used, or intended to be used, in whole or in part, for any
industry, trade, manufacturing or commercial purpose, there shall
be constructed as part of such construction, reconstruction or substantial
alteration a raised granite curb at least six inches in height along
the edge of the street, except at approved driveway openings. There
also shall be a paved pedestrian sidewalk no less than five feet in
width set back no less than four feet from the street lot line for
the entire length of the lot frontage; provided however, where driveways
exist, the sidewalk shall be separated from the remainder of the lot
with a strip four feet wide in which suitable evergreen shrubs or
other landscaping approved by the ZBA shall be maintained in good
condition. The strip between the sidewalk and the street shall be
maintained in good condition as a grass area. The sidewalk location
shall be such as to join in a reasonable manner existing or planned
sidewalks on abutting land.
1107.1.
In both Business Districts A and B, no outdoor display of merchandise
for sale, other than motor vehicles, automobile accessories customarily
sold at filling stations and farm and nursery produce, shall be permitted.
