Town of Rockland, MA Building, Lot and General District Regulations

All parking spaces as required by this bylaw shall be a minimum of 10 feet in width by 20 feet in length for full size vehicles; and nine feet in width by 18 feet in length for compact vehicles. The ratio shall be 30% compact vehicles to 70% full size vehicles spaces. All parking spaces shall have a back-up area no less than 23 feet. All parking spaces designated to be used for the handicapped shall be designed to meet the regulations set forth by the Americans with Disabilities Act (ADA) and Architectural Access Board (AAB).

[Amended 5-1-2017 ATM, Art. 47]

All parking areas, loading areas and areas used for access, egress or on-site circulation shall meet the following landscape requirements.

In all Residential Zones, all parking areas, loading areas and areas used for access, egress or onsite circulation shall be set back a minimum of 10 feet from any property line and the ten-foot set back shall be properly landscaped and maintained.

In the Business 1 District, all parking areas, loading areas and areas used for access, egress or onsite circulation shall be set back a minimum of 10 feet from any property line and the ten-foot set back shall be properly landscaped and maintained. The parking requirement for the Business 1 District maybe met in whole or in part by off-site parking upon the issuance of a Special Permit by the Zoning Board of Appeals.

In the Business 2 District all parking areas, loading areas and areas used for access, egress or onsite circulation shall be set back a minimum of the 10 feet from any property line and the ten-foot set back shall be properly landscaped and maintained. Further, the front property line shall have a twenty-foot landscaped buffer zone along the entire width of the front lot line with the exception only of sidewalks and driveways.

In all Industrial Districts, which do not abut any Residential District, all parking areas, loading areas and areas used for access, egress or onsite circulation shall be set back a minimum of 10 feet from any property line and the ten-foot setback back shall be properly landscaped and maintained.

In all Industrial Districts which abut any Residential District all parking areas, loading areas and areas used for access, egress or onsite circulation shall be set back a minimum of 30 feet from any property line and the thirty-foot set back shall remain unaltered and in a state of natural vegetation.

Yard regulations.

Obstruction to sky. Every part of a required yard must be open to the sky, unobstructed except for accessory buildings in the rear or side yards, and except for the normal projection of porches, balconies, steps, sills and cornices.

Side yard of corner lot. Any corner lot shall have a side yard equal in width to the minimum front yard requirement of any adjoining lot fronting on the side street. The minimum side yard setback shall be 15 feet.

[Amended 5-4-2009 ATM, Art. 21]

Transition yard requirements.

Front yard. Where a residence district abuts a non-residence district, there shall be provided in the non-residence district for a distance of 50 feet from the district boundary line, a front yard at least equal in depth to that required in the residence district.

Side or rear yard. Where the side or rear yard in a residence district abuts a side or rear yard in a non-residence district, there shall be provided along such abutting lines, a side or rear yard at least equal in depth to that required in the residence district. In no case, however, shall the abutting side or rear yard be less than 20 feet.

Accessory structures.

An accessory building may not occupy more than 30% of a required yard.

A detached accessory structure less than 24 feet in height and under 400 square feet may only be erected in the side or rear yard no closer than five feet from a side or rear lot line and in conformance with the front yard requirement of the district in which it is located. A detached accessory structure equal to or greater than 24 feet in height or equal to or greater than 400 square feet may only be erected in the side or rear yard no closer than 15 feet from a side or rear lot line and in conformance with the front yard requirement of the district in which it is located. In no event shall any detached accessory structure be located in the front yard area of a lot between the front boundary line of the property at the street and the principal building in an area equal to the width of the principal building facing the street which serves as its primary access to the property.

[Amended 5-2-2011 ATM, Art. 38; 5-6-2019 ATM by Art. 15]

No accessory structure located in a side yard shall be located closer to the street than the front yard setback required for the principal structure in the zoning district.

For corner lots, the setback from the side street shall be the same for accessory buildings as for principal buildings.

When an accessory structure is attached to the principal building, it shall comply in all respects with the yard requirements of this bylaw applicable to the principal building.

(f)

No accessory structure shall exceed 24 feet in height unless the accessory structure is located at least 15 feet from any point on any dwelling including attached structure to the dwelling on any abutting lot and in no event shall the accessory structure be located within 15 feet of any side or rear lot line.

[Amended 5-2-2011 ATM, Art. 39; 5-4-2015 ATM, Art. 53]

Height regulations.

No building or structure shall have a greater number of stories, nor have an aggregate height in feet higher than is permitted in the district in which it is located, except as noted below.

Chimneys, steeples, water towers, and television antennae may be erected to their height, but no tower, other than a church steeple or tower of a public building, shall exceed the height regulations by more than 40%. Other towers shall require a special permit to be issued by the Board of Appeals.

No tower shall be used as a place of habitation.

No sign of any kind shall be inscribed upon or attached to any chimney, tower, tank, or other structure which extends above the height limitations.

Landscaping regulations.

Unenclosed non-residential uses. Any non-residential unenclosed use and/or storage area, as may be permitted according to this bylaw, shall be fenced, screened or sufficiently landscaped to obscure such uses or storage areas from abutting properties or rights-of-way. Such uses shall include but not necessarily be limited to building supply stores, automobile sales and service establishments, industrial uses and other comparable uses.

Maintenance requirements. Any fencing or landscaping installed in accordance with this bylaw shall be maintained in good order to achieve the objectives of this section. Failure to maintain fencing or replace dead or diseased landscaping shall be considered a violation of this bylaw.

Land alteration regulations.

No gravel, loam, sand, clay, soil or quarried stone shall be removed from land in any zone, excluding residential zones, in the Town without a permit from the Zoning Board of Appeals after a public hearing, an approved site plan from the Planning Board consistent with its rules and regulations relating to earth removal, and under such conditions as the Board of Appeals may see fit to impose and make a part of the permit. No permit may be granted under this section unless the applicant has submitted to the Secretary of the Board, at least seven days prior to the date of the hearing, a topographical plan of the premises in question, prepared by a registered land surveyor or registered professional engineer, showing specifically the boundaries and dimensions of the premises, the location and dimensions of the area from which the proposed removal of material is to take place, and the names and boundaries of all abutters. The plan shall show present and proposed grades and elevations with topography in two-foot contours and grades in profile. Topographical detail shall show physical character of the premises including natural drainage and the direction of water flow, as well as existing structures, stone walls, cellar holes, foundations and any other indications of prior human use of the property.

[Amended 5-4-2010 ATM, Art. 42]

The Zoning Enforcement Officer, without reference to the Board of Appeals, may issue permits for removal from the site, of gravel, loam, sand, clay, soil, or quarried stone for the following purposes only:

Where necessary as an incidental part of farm, garden, or nursery activity.

When incidental to landscaping or similar activities in direct connection with constructed buildings, and limited to the lot upon which the buildings stand.

When such material is not necessary in connection with the construction of a building being built under a permit issued by the Building Inspector, the amount to be removed to be limited to the volume of the foundation and basement of the building.

When such material is not needed in connection with the construction of a private road or drive.

The Zoning Enforcement Officer shall issue no permit for the removal of such material, except upon condition that not less than four inches of loam or topsoil shall be replaced or allowed to remain in place, except where, due to the construction of roads, buildings, or permanent physical features, such condition is unnecessary.

Land clearing: Properties located in business, commercial or industrial districts or use shall not cut, clear, or stump 15 or more trees that are five inches or larger in diameter at the base of the tree, in a one-year period, unless there has been a recently approved plan for a construction project on the site or in the ordinary course of prevention of storm damage to existing buildings or clearing storm damage. An approved project shall mean an approval of a plan from the Rockland Conservation Commission, Planning Board, Zoning Board of Appeals or the issuance of a building permit by the Town Building Inspector.

[Added 5-4-2010 ATM, Art. 38]

Multi-family developments. Multi-Family Developments shall be subject to the Site Plan Review Requirements of Article VIII of this bylaw.

Minimum area. A Multi-Family Development shall include no less than five acres of contiguous land.

Open space. A minimum of 20% of site area shall be developed as public open space. Parking areas and vehicle access facilities shall not be considered in calculating open space.

Building relationships. The arrangement of buildings and distance required between buildings shall be as set forth in Article VII of this bylaw.

Off-street parking. Off-street parking facilities shall be as set forth in § 415-35 of this bylaw.

Conversions of buildings from current use to the use of dwellings.

The conversion of a single-family dwelling existing at the time of this bylaw into a three family dwelling may be allowed by the Zoning Board of Appeals under the Special Permit process provided that the conversion outcome will be properly zoned, the exterior design of the structure will not be changed from the character of a single-family dwelling, nor shall the floor area provided for the resulting conversion units be less than 650 square feet for each unit, and adequate off street parking will be provided. The new dwelling units will adhere to and meet or exceed all current building, safety, health, fire codes and any other applicable codes, bylaws, regulations and ordinances.

[Amended 5-4-2015 ATM, Art. 47]

The conversion of a two, three, or multi-family dwelling existing at the time of this bylaw into a three-family dwelling or multi-family dwelling beyond its current dwelling status may be allowed by the Zoning Board of Appeals under the Special Permit process provided that the proposed conversion will be properly zoned, and the exterior design of the structure will not be changed from the buildings original character, nor shall the floor area provided for the resulting conversion unit or units be less than 650 square feet for each unit, adequate off street parking will be provided. The dwelling unit/units will adhere to and meet or exceed all current building, safety, health, fire, and any other applicable codes, bylaws, regulations and ordinances.

Conversions of non-dwellings into dwellings. The conversion of a non-dwelling, which is any building which has principal use as that other than a dwelling, into a dwelling shall adhere to all the conversion requirements of a single-family dwelling provided that the non-dwelling is an accessory use of a residence zoned building.

The conversions of schools, retail/wholesale establishments, and other industrial, or commercial buildings into dwelling will be allowed by the Zoning Board of Appeals under the Special Permit process provided that:

The conversion will be properly zoned;

Exterior design shall be in harmony with neighborhood and general character of the Town;

Landscaping will be included in the conversion to enhance conversion;

[4]

Dwelling units floor area will not be less than 650 square feet.

The conversion of a single family dwelling to a two family dwelling may be approved as of right provided the applicant provides the Building Inspector a site plan prepared by a registered land surveyor and/or a professional engineer registered or licensed by the Commonwealth of Massachusetts showing the location of all existing and proposed buildings, structures and improvements on the subject property and their distances to all property boundary lines, all existing and proposed parking areas, a zoning chart demonstrating zoning compliance including, without limitation, all parking requirements and yard setbacks to all property boundaries, that the floor area provided for in the resulting conversion unit not be less than 650 square feet and the new dwelling unit will adhere to and meet or exceed all current building, safety, health, and fire codes and any other applicable codes, bylaws, regulations and ordinances.

[Added 5-4-2015 ATM, Art. 47]

Traffic impact review.

The following uses shall require the submission of a traffic impact report to the Planning Board:

The proposed construction of 25 or more residential units,

The proposed construction of 140,000 square feet or more of new construction,

Any use other than municipal requiring parking for 50 or more cars,

Any driveway or access road likely to generate 500 or more vehicle trips per day.

The report shall be prepared by a traffic engineer designated by the Planning Board, and shall be paid for by the applicant.

The developer shall complete all off site and on site traffic mitigation measures suggested by the traffic engineer's report prior to the completion of 50% of the proposed project.

Consultant review requirement. The Town of Rockland may charge any applicant or proponent of any project which requires any permit or approval from a local board, official, or agency of the Town of Rockland, and which involves the construction, replacement, reconstruction, conversion, expansion or demolition of structures or facilities, a peer review fee for compliance with federal, state or local laws or regulations or consistency with good engineering practice. The procedure shall be governed by MGL c. 44, § 53G. The sum to be assessed shall be determined by the applicable reviewing authority and shall be generally equal to the amount deemed by the Town to be desirable or necessary to engage consultants, including but not limited to attorneys, engineers, or other consultants to review applications, plans or other documents, whether technical or not, to ensure compliance with any laws or regulations. The applicant shall provide the Town or boards with sufficient information to fully evaluate the project for the purpose of making a determination as to approval, modification or disapproval of the matter.

[Added 5-4-2010 ATM, Art. 41]

§ 415-23 Supplementary lot regulations.

[Amended 5-5-2008 ATM, Art. 42]

Supplementary lot regulations are set forth in §§ 415-24 through 415-34.

§ 415-24 Nonconforming uses.

Continuation. The lawful use of any structure or land existing at the time of the enactment or subsequent amendment of the bylaw may be continued although such structure or use did not conform with the provisions of the bylaw as adopted or amended.

Alteration. Preexisting nonconforming structures or uses may be extended or altered provided that no such extension or alteration shall be permitted unless there is a finding by the Zoning Board of Appeals that the extension or alteration is not substantially more detrimental to the neighborhood than the existing nonconforming structure or use.

[Added 6-6-1994 ATM, Art. 25]

Certain alterations excepted. Excepting for properties in business, commercial or industrial use, no finding by the Zoning Board of Appeals shall be required for extensions or alterations of legally existing nonconforming structures located on preexisting nonconforming lots if the extension or alteration meets current setback, lot coverage, building height, off-street parking and yard requirements of the Rockland General Code Zoning Bylaws.

[Added 6-6-1994 ATM, Art. 25; amended 5-4-2010 ATM, Art. 40]

Restoration. A nonconforming building or structure which has been damaged or destroyed may be repaired or rebuilt, provided that such restoration shall not exceed the original area and height, shall be placed no nearer the street line than the building or structure which the restoration replaces, and the owner of said premises shall start operation for restoration or rebuilding on said premises within 12 months of damage or destruction.

Abandonment. All non-conforming uses which have been abandoned or discontinued for more than two years shall not be reestablished and any future use shall be in conformity with the provisions of this bylaw, except in the case of agricultural, horticultural, or floricultural uses where such non-use may exist for a period of five consecutive years.

Changes. Once changed to a conforming use, no structure or land shall be permitted to revert to a non-conforming use.

§ 415-25 Corner lots; clear sight line.

At all street intersections, no obstruction to vision (other than existing structures, posts, or trees) exceeding 30 inches in height above the established grade of the street at the property line, shall be erected on any lot within the triangle formed by the street lot lines and a line connecting these lines 20 feet from the point of street intersection.

§ 415-26 Lot size reduction.

The area or dimension of any lot shall not be reduced to less than the minimum required according to this bylaw.

If a lot is already less than the minimum required by this bylaw, the area and/or dimension may be continued but shall not be further reduced.

§ 415-27 Lot width.

Minimum lot widths in residence, business and industrial districts shall be as follows:

	District	Minimum Width (feet)
	R-1	110
	R-2	110
	R-3	110
	R-4	110
	RSH-1	110 [Added 5-12-2003 ATM, Art. 8]
	B-1	110
	B-2	110
	I-1	110
	I-2	110
	I-3	110 [Added 6-6-1994 ATM, Art. 80]
	I-4	110 [Added 5-19-1997 ATM, Art. 64]
	H-1	110 [Added 5-5-2008 ATM, Art. 42]

The minimum lot width of any lot shall be measured along the way on which the lot fronts at the required minimum setback for the district in which the lot is located. The lot may not be less than 40 feet wide at any point.

[Amended 5-4-2010 ATM, Art. 43]

See Retreat Lots at § 415-28.

§ 415-28 Frontage requirements.

Minimum required frontage for lots located in residence, business, and industrial districts shall be as follows:

[Amended 5-17-1999 ATM, Art. 33; 5-12-2003 ATM, Art. 47]

	District	Minimum Width (feet)
	R-1	110
	R-2	110
	R-3	110
	R-4	110
	RSH-1	110 [Added 5-12-2003 ATM, Art. 8]
	B-1	110
	B-2	110
	I-1	110
	I-2	110
	I-3	110 [Added 6-6-1994 ATM, Art. 80]
	I-4	110 [Added 5-19-1997 ATM, Art. 64]
	H-1	110 [Added 5-5-2008 ATM, Art. 42]

Retreat Lots are lots with a minimum of 40 feet frontage and a minimum of 65,340 square feet. Retreat Lots shall be allowed in all residence districts provided that only one single family home may be constructed on a Retreat Lot and provided that the lot has a minimum frontage of 40 feet, and minimum lot size of 65,340 square feet, a minimum lot width as defined in § 415-27 of 40 feet, and provided further that no structure shall be erected on a retreat lot closer than 50 feet to the rear, front or side property line. No more than two contiguous Retreat Lots shall be allowed. A dwelling on a retreat lot shall be located no more than 350 feet from an existing fire hydrant as measured from the dwelling along the center of the driveway and along the sideline of the street to an existing fire hydrant. A fire hydrant or hydrants must be installed as per the Rockland Water Department Regulations for all proposed dwellings located in excess of 350 feet from an existing fire hydrant. Driveways on retreat lots shall be a minimum of 12 feet in width.

§ 415-29 Number of buildings on single lot.

[Amended 5-17-1999 ATM, Art. 38]

Only one principal residential building shall be allowed on a single lot except as provided in Article VII, Planned Unit Developments, and § 415-22F, Multi-family developments. Only one principal structure shall be allowed on a lot except in the Industrial 1 and Industrial 2 Districts upon the granting of a Special Permit from the Zoning Board of Appeals for more than one principal structure per lot.

§ 415-30 Minimum required upland.

[Amended 5-17-1999 ATM, Art. 28; 5-4-2009 ATM, Art. 25]

Lots in any District must contain a minimum of 22,000 square feet of contiguous land that is not an area protected under MGL c. 131, § 40 (the Wetlands Protection Act), not including riverfront areas.

Retreat Lots must contain a minimum of 32,670 square feet of contiguous land that is not an area protected under MGL c. 131, § 40 (the Wetlands Protection Act), not including riverfront areas.

§ 415-31 Swimming pool fencing and setbacks.

[Added 6-6-1994 ATM, Art. 30; amended 5-12-2003 ATM, Art. 48]

All fences required by the Inspector of Buildings to be installed around swimming pools, shall be maintained and repaired in good condition. Any component of an in-ground or above ground swimming pool including but not limited to decks, aprons or overhangs shall set back a minimum of five feet from all property lines.

§ 415-32 Accessory apartment within single-family dwelling.

[Added 6-6-1994 ATM, Art. 26; amended 5-19-1997 ATM, Art. 52; 5-17-1999 ATM, Art. 29; 5-14-2001 ATM, Art. 48; 5-13-2002 ATM, Art. 22; 5-4-2015 ATM, Arts. 48, 49; 5-7-2018 ATM, Art. 70]

The Zoning Board of Appeals may authorize an accessory apartment within a single-family residence by Special Permit in the R-1 Residence District and business districts provided that the Board finds the following criteria have been met.

The dwelling must be in existence for a minimum of 24 months, and must not have been substantially altered for 24 months prior to filing the application for a Special Permit. Provided that if there is an existing in-law apartment in a dwelling which was constructed under a Special Permit prior to the adoption of this accessory apartment regulation, the twenty-four-month period shall not apply and the accessory apartment shall be governed by the dimensional requirements of the original Special Permit.

[Amended 5-13-2002 ATM, Art. 22]

The owner/applicant shall have continuously resided in the main dwelling for a least 24 months prior to filing the application for special permit for the accessory apartment and the owner/applicant shall continue to reside in the main dwelling throughout the duration of the Special Permit.

Only one accessory apartment shall be permitted per single family house.

Other than handicapped access, no exterior alteration can change the appearance of the dwelling as a single family home.

There shall be at least two off-street parking spaces for the principal dwelling and at least one off-street parking space for the accessory apartment. In order to maintain the appearance of a single family dwelling, all parking spaces must be accessible directly from the driveway serving the main dwelling.

[Amended 5-4-2015 ATM, Art. 48]

The accessory apartment shall contain a minimum of 400 square feet and a maximum of 650 square feet of dwelling area: The accessory apartment shall be located only within the existing habitable structure, or within an addition to the existing habitable structure, subject to the provisions of Subsection I. There shall be an interior doorway located in the common wall between each living unit to provide a means of access for the purpose of supervision and emergency response.

[Amended 5-14-2001 ATM, Art. 48; 5-4-2015 ATM, Art. 49]

All Board of Health and Building Code criteria must be met.

The occupants of the accessory apartment shall be either:

[Amended 5-6-2019 ATM by Art. 16]

An individual or two or more persons related by blood or marriage living together as a single housekeeping unit and including necessary domestic help such as nurses or aides, service assistants, but not more than four occupants; or

A group of individuals not related by blood or marriage, but living together as a single housekeeping unit may constitute a family and including necessary domestic help such as nurses or aides, service assistants but not more than four occupants. For purposes of controlling residential density in accessory apartments, residents of rooming, boarding or lodging houses shall not be considered a family.

Any increase in size of the main dwelling unit shall be limited to 5% of the existing habitable living space of that dwelling and shall meet all zoning requirements.

The Special Permit shall terminate upon any of the following events:

Sale of the premises.

Residence by a person not named in the Special Permit, except residence of the new born child, adopted child, or a person caring for the tenant such as a nurse, nurse's aide or other health care worker or caretaker.

Residence by a boarder or lodger in either the main house or accessory apartment.

The death of a single tenant named as the sole tenant on the application for a Special Permit.

Upon the termination of the Special Permit, the residence shall revert back to single family use. All kitchen and food preparation areas and plumbing shall be removed. The Building Inspector shall have the right to inspect the premises to ensure that the home has been restored to a single-family dwelling.

No later than January 31st of each year following the issuance of the Special Permit, the owner/applicant shall provide to the Building Inspector the names of the tenants of the accessory apartment and shall certify that the main dwelling is occupied by the owner/applicant. A form for this certification shall be obtained at the offices of the Building Inspector. Failure to file the annual certification shall constitute grounds for immediate revocation of the Special Permit.

Accessory apartments permitted by right in the R-2 Residence District, R-3 Residence District, and R-4 Residence District shall be subject to and conditioned upon the following:

Adherence to the provisions of the existing § 415-32C, D, E, F, G, and the provisions of § 415-32H.

[Amended 5-6-2019 ATM by Art. 17]

Any increase in the size of the main dwelling unit shall meet all yard setback requirements of this bylaw.

The right to maintain an accessory apartment by right shall terminate upon any of the following events:

Sale of the premises;

Residence in the accessory apartment by a person not permitted under § 415-32H excepting a person caring for the owner or occupant as a nurse, nurse's aide or other health care worker or caretaker may also occupy the accessory apartment; and

Residence by a border or lodger in either the main house or accessory apartment.

No later than January 31 of every year that there is an accessory apartment, the owner/applicant shall provide to the Building Inspector the names of the tenant(s) of the accessory apartment, certify as to compliance with the conditions hereof and that the owner/applicant occupies the main dwelling, and pay a fee for inspection and processing of said certification. A form for this certification shall be obtained at the office of the Building Inspector. Failure to file the annual certification shall be a violation of this bylaw and shall subject the owner to fine and enforcement action.

The Building Inspector shall have the right to conduct an inspection in connection with the annual renewal and certification connected with the accessory apartment. Failure to allow an inspection shall result in a loss of the right to maintain the accessory apartment.

§ 415-33 Driveways.

[Added 5-17-1999 ATM, Art. 32]

Prior to the construction of a driveway, an owner shall make written application for approval to the Building Inspector. Driveways shall meet the following design requirements.

Entrances shall be located to the best advantage with regard to street alignment, profile, sight distance and safety conditions.

Driveways shall be located through the frontage of said land.

Driveway grades and locations shall be such as to provide for an access for emergency vehicles including fire and police.

All driveways from the edge of the road surface to a point 15 feet onto the property shall be no less than 12 feet, and no more than 24 feet wide.

No driveway shall be located along the street line closer than 25 feet to any street intersection.

§ 415-34 Side yard requirements for preexisting lots.

[Amended 5-14-2001 ATM, Art. 47; 5-13-2002 ATM, Art. 23]

With respect to any lot in existence prior to the original enactment of the Zoning Bylaws of the Town of Rockland which has less than 110 feet of frontage, the minimum side yard requirement may be reduced by one foot for every 10 feet that the frontage is less than 110 feet, but in no instance shall any side yard be less than eight feet.

§ 415-35 Off-street parking requirements.

The following off-street parking facilities shall be provided:

Residential uses.

Dwellings (general): at least 2.0 spaces for each Single-Family Residence, and at least 3.0 spaces for each dwelling unit in a Two-Family Residence or Multi-Family Residence.

[Amended 5-5-2008 ATM, Art. 55]

Dwellings for the elderly: at least one space for each dwelling unit in the building.

Nursing/rest home: at least one space for every four beds and one space for every two employees.

Boarding house: at least one space for each unit.

Accessory apartment: at least two additional parking spots in addition to the parking required for the existing dwelling unit.

[Added 5-4-2015 ATM, Art. 50; 5-6-2019 ATM by Art. 18]

Business uses.

Retail stores: at least one space for each 300 square feet of sales floor area and one space for every two employees.

Restaurants and other eating establishments: at least one space for every two seats and one space for every two employees. Requirements for fast-food type establishments shall be determined by the Planning Board for each individual submission.

Professional offices: at least one space for each 250 square feet of occupied floor area and one space for every two employees.

[Amended 5-7-2012 ATM, Art. 59]

Private club: at least one space for every 10 members and one space for every two employees.

Hotel/motel: at least one space for each unit and one space for every two employees.

Funeral home: at least 10 spaces for each 600 square feet of floor area used for professional service and one space for every two employees.

Theaters: at least one space for every three seats and 1.5 spaces for every two employees.

Wholesale establishments: at least one space for each 600 square feet of sales floor area and one space for every two employees.

Multi-family residences in Zoning District B (Business): at least 1.5 spaces for each dwelling unit to be located within 600 feet of the building, including spaces in public parking areas.

Industrial uses.

Automobile service station: at least five spaces.

Industrial uses (general): at least one space for every two employees, one space for each vehicle generally based on premises and adequate space for visitors. These standards may be revised as per prevailing circumstances as deemed necessary by the Board of Appeals.

Public uses.

Church or other place of worship: at least one space for every 12 seats, one space for every church official, and one space for every two employees. These requirements are subject to review by the Board of Appeals provided that non-conflicting parking facilities are available within 300 feet of the church.

Hospital: at least one space for every two beds, one space for every staff member and one space for every 10 daily visitors.

Medical or dental clinic: at least four spaces for each professional and one space for every employee.

Elementary, junior and senior high schools: at least 1.5 spaces per classroom and one space for every non-professional employee.

Library: at least one space for every five seats.

Other uses. Sports arena, skating rink, or other similar establishment: at least one space for each 60 square feet of floor area (if no fixed seats) or one space for every four seats and one space for every employee or administrator.

Overnight parking.

[Amended 5-13-2002 ATM, Art. 41]

The overnight parking of a commercial vehicle in any Residential District, is only allowed by Special Permit from the Zoning Board of Appeals. The Zoning Board may grant a Special Permit for no more than one commercial vehicle.

The following vehicles are exempt from this bylaw and only one commercial vehicle is allowed.

[Amended 5-1-2017 ATM, Art. 49]

A vehicle that is designed with four wheels and is no more than nine feet in height, not including ladder racks, regardless of how it is registered. Box trucks, converted ambulance, and the like shall not be exempt.

A vehicle with six wheels and no more than seven feet in height, not including ladder racks, regardless of how it is registered.

Overall height shall be measured from the ground up to the highest point of the cab, box, body, or to the top of the cab protector when measuring a small dump truck.

Self-contained recreational motor home.

Tow behind camper/boat/recreational trailers.

Handicap equipped or Handicap registered vehicles.

Recreational vans.

Overnight is defined as the period between 8:00 p.m. to 7:00 a.m. Commercial vehicles shall include but are not limited to school buses, ramp trucks, flat bed trucks, tow trucks, dump trucks, tractor trailer trucks whether whole or in part.

Inoperative or unregistered vehicles. Not more than one inoperative vehicle nor more than one unregistered vehicle shall be stored outside on any lot in a residential zone or on any residential lot in any zone. Not more than one inoperative vehicle nor more than one unregistered vehicle shall be stored outside on any lot in any nonresidential zoning district except that more than one unregistered or inoperative vehicle may be stored on any lot in the Business 1 or Business 2 zoning districts provided that the vehicles stored are stored on lots located at licensed automobile service stations, repair shops or automobile agencies, and provided further no such unregistered or inoperative vehicles shall be stored at such stations, shops or agencies for a period in excess of 60 days. The prohibitions of this section shall not apply to new vehicles bearing a new vehicle manufacturer's invoice sticker, or to a used vehicle bearing a warranty sticker required by MGL c. 90 which are being stored for sale at licensed dealerships.

[Amended 5-14-2001 ATM, Art. 44]

Drive-through windows. The first stop where the customer places an order for all drive through windows shall be constructed and situated as follows: for banks and pharmacies no less than 100 feet from the street or curb cut entrance; for donut shops, coffee shops or fast food establishments no less than 400 feet from the street curb cut entrance. The distances required under this bylaw shall be clearly marked on all site plans submitted to the Planning Board for site plan approval.

[Amended 5-14-2001 ATM, Art. 49]

§ 415-36 Off-street loading requirements.

The following table sets forth off-street loading requirements:

Type of Use	Square Feet of Floor Area	Number of Berths Required
Retail commercial, eating establishments, offices and service establishments	5,000 - 20,000	1
	20,001 - 50,000	2
	50,001 - 90,000	3
	Each additional 40,000 or major fraction thereof	1
Hotel/motel	10,000 - 30,000	1
	30,001 - 60,000	2
	Each additional 30,000 or major fraction thereof	1
Wholesale, warehouse and industrial uses	5,000 - 10,000	1
	Each additional 60,000 or major fraction thereof	1

§ 415-37 Home occupations.

Permitted home occupations and related facilities include the following:

Medical offices;

Dental offices;

Art Studios;

Professional offices for lawyers, engineers, architects, or similar professions;

(Reserved)[1]

Editor's Note: Former Subsection A(5), Day care facilities for not more than four children at one time, was repealed 5-5-2014 ATM, Art. 45.

Tutoring facilities for not more than four students at one time;

Offices for carpenter, plumber, electrician or similar trades.

Office for a resident occupant's licensed limousine or livery service and accessory parking and storage of not more than one four-door sedan, SUV or mini van used in connection with the business.

[Added 5-5-2014 ATM, Art. 47]

These uses must not occupy more than 20% of the floor area of the home and no more than one person living outside of the home shall be employed. In no event shall any products be displayed, or sold except those manufactured on the premises.[2]

[Amended 5-4-2010 ATM, Art. 37]

LARGE WIND ENERGY FACILITY

Editor's Note: Former Subsection C, regarding sign area, which immediately followed, was repealed 5-2-2011 ATM, Art. 42.

§ 415-38 Shopping centers.

The development of shopping centers shall be subject to the special permit and site plan review process established under this bylaw. The following regulations govern the development of shopping centers:

Minimum area. A shopping center shall include not less than five acres of contiguous land.

Land use. Proposed land uses shall not affect surrounding development and shall be in accordance with the "Clustered Growth Plan Concept."

Building setback. Buildings shall be located no closer than 30 feet from any external lot lines, except that portion which fronts upon an existing street.

Open space. A minimum of 10% of site area shall be developed as open space and is to be fully landscaped.

§ 415-38.1 Wind energy facilities.

[Added 5-4-2009 ATM, Art. 17]

Purpose. The purpose of this section is to provide by Special Permit for the construction and operation of wind energy facilities and to provide standards for the placement, design, construction, monitoring, modification and removal of wind energy facilities that address public safety, minimize impacts on scenic, natural and historic resources of the Town and provide adequate financial assurance for removal of unused facilities.

Applicability. This section applies to all wind energy facilities proposed to be constructed after the effective date of this section. Any physical modification to existing wind energy facilities that materially alters the type or increases the size of such facilities or other equipment shall require a special permit.

Definitions.

HEIGHT

The height of a wind turbine measured from natural grade to the tip of the rotor blade at its highest point, or blade-tip height.

A wind energy facility with a rated nameplate capacity of 60 Kw or greater.

RATED NAMEPLATE CAPACITY

The maximum rated output of electric power production equipment. This output is typically specified by the manufacturer with a "nameplate" on the equipment.

SMALL WIND ENERGY FACILITY

A wind energy facility with a rated nameplate capacity of less than 60 Kw.

SPECIAL PERMIT GRANTING AUTHORITY

The Special Permit granting authority shall be the Zoning Board of Appeals.

SUBSTANTIAL EVIDENCE

Such evidence as a reasonable mind might accept as adequate to support a conclusion.

WIND ENERGY FACILITY

All equipment, machinery and structures utilized in connection with the conversion of wind to electricity. This includes, but is not limited to, transmission, storage, collection and supply equipment, substations, transformers, service and access roads, and one or more wind turbines.

WIND MONITORING OR METEOROLOGICAL ("MET") TOWER

A temporary tower equipped with devices to measure wind speeds and direction, used to determine how much wind power a site can be expected to generate.

WIND TURBINE

A device that converts kinetic wind energy into rotational energy that drives an electrical generator. A wind turbine typically consists of a tower, nacelle body, and a rotor with two or more blades.

General Requirements.

Special Permits for Wind Energy Facilities.

No wind energy facility shall be erected, constructed, installed or modified as provided in this section without first obtaining a Special Permit from the Zoning Board of Appeals. The construction of a Large Wind Energy Facility shall be permitted in the R-1, I-2, I-3, and I-4 zoning districts subject to the issuance of a Special Permit and provided that the use complies with all requirements set forth in Subsections D, E, F and G. The construction of a Small Wind Energy Facility shall be permitted in any zoning district subject to the issuance of a Special Permit and provided that the use complies with all requirements set forth in Subsections D, E, F and G.

All wind energy facilities shall be constructed and operated in a manner that minimizes any adverse visual, safety, and environmental impacts. No Special Permit shall be granted unless the Zoning Board of Appeals finds in writing that:

The specific site is an appropriate location for such use;

The use is not expected to adversely affect the neighborhood;

There is not expected to be any serious hazard to pedestrians or vehicles from the use;

[4]

No nuisance is expected to be created by the use; and,

[5]

Adequate and appropriate facilities will be provided for the proper operation of the use.

Such Special Permits may also impose reasonable conditions, safeguards and limitations on time and use and may require the applicant to implement all reasonable measures to mitigate unforeseen adverse impacts of the wind facility, should they occur.

Wind monitoring or meteorological towers shall be permitted for no more than 18 months in any zoning district, subject to the issuance of a building permit. MET towers shall be set back a distance equal to two times the height of the tower from the nearest property line. MET towers shall be fenced in order to prevent unauthorized access. The Zoning Board of Appeals may reduce the setback requirement by Special Permit, based on site-specific considerations.

Compliance with Laws, Bylaws, and Regulations. The construction and operation of all such proposed wind energy facilities shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, environmental, electrical, communications and aviation requirements.

Proof of Liability Insurance. The applicant shall be required to provide evidence of liability insurance in an amount and for a duration sufficient to cover loss or damage to persons and structures occasioned by the failure of the facility.

Site Control. At the time of its application for a Special Permit, the applicant shall submit documentation of actual or prospective control of the project site sufficient to allow for installation and use of the proposed facility. Documentation shall also include proof of control over setback areas and access roads. Control shall include the legal authority to prevent the use or construction of any structure for human habitation within the setback areas.

General Siting Standards.

Height. Wind energy facilities shall be no higher than 350 feet above the preconstruction grade of the land, provided that wind energy facilities may exceed 350 feet in height if all of the following criteria are met:

The applicant demonstrates by substantial evidence that such height reflects industry standards for a similarly sited wind energy facility;

Such excess height is necessary to ensure technical and economic feasibility of the wind energy facility; and,

The facility satisfies all other criteria for the granting of a Special Permit under the provisions of this section.

Setbacks. Large Wind Energy Facilities shall be set back a distance equal to two times the overall blade tip height of the wind turbine from the nearest property line. Small Wind Energy Facilities shall be set back a distance equal to the overall blade tip height of the wind turbine from the nearest property line. The Zoning Board of Appeals may reduce the minimum setback distance as appropriate based on site-specific considerations, if the project satisfies all other criteria for the granting of a Special Permit under the provisions of this section.

Parking. There shall be a minimum of one parking space per tower, to be used in connection with the maintenance of the facility and the site, and not to be used for the permanent storage of vehicles. The parking space shall measure nine feet by 20 feet.

Design Standards.

Color and Finish. The Zoning Board of Appeals shall have discretion over the turbine color. A neutral, non-reflective exterior color designed to blend with the surrounding environment is encouraged.

Lighting. Wind turbines shall be lighted only if required by the Federal Aviation Administration. Lighting of other parts of the wind energy facility, such as accessory structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties.

Signage.

Signs on the wind energy facility shall comply with the requirements of the Town's sign regulations, and shall be limited to:

Signs necessary to identify the owner, provide a twenty-four-hour emergency contact phone number, and warn of any danger. Such signs shall be installed on the fence that surrounds the base of the wind energy facility.

Educational signs providing information about the facility and the benefits of renewable energy.

There shall be no signage on the wind turbine. Wind turbines shall not be used for displaying of any advertising.

Utility Connections. To the extent technically feasible, and subject to any requirements of the utility provider, all utility connections from the wind energy facility shall be located underground. Electrical transformers for utility interconnections may be aboveground if required by the utility provider and shall meet all local and state codes.

Accessory Structures. All accessory structures to such wind energy facilities, including but not limited to equipment shelters, storage facilities, transformers, and substations, shall be architecturally compatible with each other and shall be contained within the turbine tower whenever technically and economically feasible. Structures shall only be used for housing of equipment for this particular site. Whenever reasonable, structures should be shaded from view by vegetation and/or located in an underground vault and joined or clustered to avoid adverse visual impacts.

Support Towers. Wind energy facilities shall use a monopole tower for support.

Safety, Aesthetic and Environmental Standards.

Emergency Response. The applicant shall provide a copy of the project summary and site plan to the Rockland Police and Fire Departments. Upon request the applicant shall cooperate with local emergency services in developing an emergency response plan. The applicant or facility owner shall maintain a phone number and identify a responsible person for the public to contact with inquiries and complaints throughout the life of the project.

Unauthorized Access. Wind turbines and other structures that are part of a wind energy facility shall be designed as to prevent unauthorized access.

Shadow/Flicker. Wind energy facilities shall be sited in a manner that minimizes shadowing or flicker impacts. The applicant has the burden of proving that this effect does not have significant adverse impact on neighboring or adjacent uses through either siting or mitigation.

Noise.

The wind energy facility and associated equipment shall conform to the provisions of the Department of Environmental Protection's Division of Air Quality Noise Regulations (310 CMR 7.10). A source of sound will be considered to be violating these regulations if the source:

Increases the broadband sound level by more than 10 Db(A) above ambient, or

Produces a "pure tone" condition — when an octave band center frequency sound pressure level exceeds the two adjacent center frequency sound pressure levels by three decibels or more.

These criteria are to be measured at all property lines. Ambient is defined as the background A-weighted sound level that is exceeded 90% of the time measured during equipment operation. An analysis prepared by a qualified engineer shall be presented to demonstrate compliance with these noise standards.

Land Clearing. Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the wind energy facility.

Monitoring and Maintenance. The applicant shall maintain the wind energy facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the Rockland Fire and Police Departments. The project owner shall be responsible for the cost of maintaining the wind energy facility and any access road, unless accepted as a public way, and the cost of repairing any damage occurring as a result of operation and construction. The Zoning Enforcement Officer may require annual certification by a Professional Registered Engineer of the facility's structural integrity and maintenance record.

Removal of Wind Energy Facilities.

Removal Requirements. The owner of a wind energy facility shall inform the Zoning Enforcement Officer annually, in writing, whether the facility remains in use. Any wind energy facility which has not been used for one year or more shall be dismantled and removed in its entirety (including accessory facilities and structures) at the owner's expense. Removal shall consist of:

Physical removal of all wind turbines, structures, equipment, security barriers and transmission lines from the site;

Disposal of all solid and hazardous waste in accordance with local and state waste disposal regulations; and,

Stabilization or re-vegetation of the site as necessary to minimize erosion. The Zoning Enforcement Officer may allow the owner to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.

Financial Security. The owner of a wind energy facility shall file and maintain in effect a bond (or other security satisfactory to the Town), ensuring that sufficient funds will be available to remove the facility in the event of non-use, as provided herein. Said bond shall be from a company authorized to do business in Massachusetts and shall be subject to the approval of the Town. The bond shall be a condition of the Special Permit and shall be filed prior to the issuance of the building permit. Such security will not be required for municipally or state-owned facilities. The applicant shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall include a mechanism for Cost of Living Adjustment.

Term of Special Permit. A Special Permit issued for a wind energy facility shall be valid for 25 years, unless extended or renewed. The time period may be extended or the permit renewed by the Zoning Board of Appeals upon satisfactory operation of the facility. Request for renewal must be submitted at least 180 days prior to expiration of the Special Permit. Submitting a renewal request shall allow for continued operation of the facility until the Zoning Board of Appeals acts. At the end of that period (including extensions and renewals), the wind energy facility shall be removed as required by this section.

Application Process and Requirements.

General. The applicant shall provide the Zoning Board of Appeals with 15 copies of the application. All plans and maps shall be prepared, stamped and signed by a Professional Engineer licensed to practice in Massachusetts. Included in the application shall be:

Name, address, phone number and signature of the applicant, as well as all co-applicants or property owners, if any;

The name, contact information and signature of any agents representing the applicant;

Documentation of the legal right to use the wind facility site, including the requirements set forth in Subsection D(4) of this section.

Twelve consecutive months of data from the MET tower that is located at the proposed site.

Siting and Design. The applicant shall provide the Zoning Board of Appeals with a description of the property which shall include:

A copy of a portion of the most recent USGS Quadrangle Map, at a scale of 1:25,000, showing the proposed facility site, including turbine sites, and the area within at least two miles from the facility. Zoning district designation for the subject parcel shall be included;

A locus plan of the proposed wind energy facility site at a scale of one inch equals 200 feet, which shall show contour intervals of no more than 10 feet, property lines for the site parcel and adjacent parcels within 300 feet, and the exact location of the proposed facility;

A site plan of the proposed wind energy facility site at a scale of one inch equals 40 feet, which shall show the following:

Property lines for the site parcel and adjacent parcels within 300 feet;

Location and current usage of all existing buildings on the site parcel and all adjacent parcels within 500 feet, including distances from the wind energy facility to each building shown;

Location of all public and private roads on the site parcel and adjacent parcels within 300 feet, and proposed roads or driveways, either temporary or permanent;

[4]

Existing areas of tree cover, including average height of trees, on the site parcel and adjacent parcels within 300 feet;

[5]

Proposed location and design of the wind energy facility, including all turbines, ground equipment, accessory structures, transmission infrastructure, access, fencing, and exterior lighting.

Technical Documentation. The applicant shall submit to the Zoning Board of Appeals the following technical documentation regarding the proposed wind energy facility:

Wind energy facility technical specifications, including manufacturer and model, rotor diameter, tower height/type, foundation type/dimensions;

Blueprints or drawings for the tower and the tower foundation, signed by a Professional Engineer licensed to practice in the Commonwealth of Massachusetts;

Electrical schematic.

Visualizations.

The applicant shall arrange for a balloon or crane test at the proposed site to illustrate the overall height of the proposed facility within 30 days of filing the application with the Town Clerk. The date, time, and location of such test shall be advertised and notice provided to abutters in accordance with MGL c. 40A, § 11.

The Zoning Board of Appeals shall select between three and six sight lines with a view of the wind facility, including from the nearest building, for pre- and post-construction view representations. Sites for the view representations shall be selected from populated areas or public ways within a two mile radius of the wind facility. View representations shall have the following characteristics:

View representations shall be in color and shall include actual pre-construction photographs and accurate post-construction simulations of the height and breadth of the wind energy facility (e.g. superimpositions of the wind energy facility onto photographs of existing views);

All view representations will include existing and proposed buildings or tree coverage;

View representations shall include a description of the technical procedures followed in producing the visualization (distances, angles, lens, etc.).

Landscape Plan. A plan shall be submitted indicating all proposed changes to the landscape of the site, including temporary or permanent roads or driveways, grading, vegetation clearing and planting, exterior lighting other than FAA lights, screening vegetation or structures. Lighting shall be designed to minimize glare on abutting properties and, except as required by the FAA, be directed downward with full cut-off fixtures to reduce light pollution.

Operation and Maintenance Plan. The applicant shall submit a plan for maintenance of access roads and stormwater controls, as well as general procedures for operational maintenance of the wind facility.

Compliance Documents. The applicant shall provide with the application:

A description of financial surety that satisfies Subsection I(2) of this section;

Proof of liability insurance that satisfies Subsection D(3) of this section;

Certification of height approval from the FAA;

A statement that satisfies Subsection G(4) of this section, listing existing and maximum projected noise levels from the wind energy facility.

Independent Consultants. Upon submission of an application for a Special Permit, the Zoning Board of Appeals will be authorized to hire outside consultants, pursuant to MGL c. 44, § 53G. The applicant is required to make an initial deposit of $5,000 for peer review and shall pay all costs associated with such review including but not limited to engineering and legal review.

§ 415-38.2 Unattended donation containers.

[Added 5-7-2012 ATM, Art. 51]

Authority and Interpretation. This bylaw is adopted as a general bylaw pursuant to Chapter 93, Sections 29-33, inclusive, as amended, and a zoning bylaw pursuant to Chapter 40A, as amended, of the General Laws of the Commonwealth of Massachusetts. This bylaw is hereby declared to be remedial and protective, and is to be so construed and interpreted as to secure the beneficial interests and purposes defined in this section of the bylaw.

Purpose.

The regulation and restriction of Unattended Donation Containers (UDC) within the Town of Rockland in order to protect and enhance the visual environment of the Town for purposes of safety, convenience, and welfare of its residents.

The restricting of UDC's, which would increase the probability of accidents by distracting attention or obstructing vision or pedestrian or vehicular traffic.

The reduction of visual and informational conflict and regulation of the placement of a UDC on private property.

Non-conformance of an Existing UDC. Any non-conforming UDC legally erected prior to the adoption of this provision may be continued and maintained subject to the requirement of obtaining the annual license from the Board of Selectmen. Any UDC rendered non-conforming through change or termination of activities on the premises shall be removed within 30 days of order by the Building Inspector/Zoning Enforcement Officer. No existing UDC shall be replaced, enlarged, moved, redesigned, or altered in any way unless it conforms to the provisions contained herein. Any UDC which has been destroyed or damaged to the extent that the cost of repair or restoration will exceed 1/3 of the replacement value as of the date of destruction shall not be repaired, rebuilt, restored or altered unless in conformity of this bylaw.

Prohibition. UDC's are prohibited from being kept on or within the layout of any street, way or sidewalk or on other public property by any person or entity other than the Town of Rockland. UDC's are prohibited from being kept on any private property without first obtaining a Special Permit from the Zoning Board and also an annual license from the Board of Selectmen. UDC's are prohibited in all Residential Zones.

Special Permit for UDC. The applicant shall apply for a Special Permit for a UDC with the Zoning Board of Appeals as per MGL Chapter 40A and the provisions of this bylaw. The application shall include the following:

All information that is required in the Instructions and Application Packet for a Zoning Board Public Hearing.

Address of the location for placement of the UDC.

Notarized written authorization from property owner for the placement of the UDC.

Certification from the property owner that the applicant has provided a copy of this section to the property owner and that it has been read by the property owner and is understood.

A detailed plan of how the applicant will maintain the UDC to prevent scattering of donated material.

A Site Plan drawn and stamped by a Certified Land Surveyor licensed to practice in Massachusetts showing all existing conditions on the lot and proposed location of the UDC.

Placement of UDC. Placement of a UDC shall conform to the Zoning setbacks of an Accessory Structure in that particular zone. Setbacks in a B-1 zone shall be Front - 20 feet, Side - five feet and Rear - five feet. The UDC shall also be placed in a location such that there shall be safe and convenient pedestrian and/or vehicular access to the UDC. The Zoning Board of Appeals may deny any application for a UDC when the detailed plan does not meet the purpose of this section or comply with the requirements hereof.

Cost of Said License. The license shall be $100 annually for each UDC. The cost of said license may, from time to time, be altered by the Board of Selectmen. 501(c)(3) entities and/or organizations shall be exempt from this annual license fee.

Administration and Enforcement.

Enforcement. The Zoning Enforcement Officer is hereby charged with the enforcement of this bylaw.

The Zoning Enforcement Officer and his duly authorized agents shall, at reasonable times and upon presentation of credentials, have the power to enter upon the premises on which any UDC is erected or maintained in order to inspect said UDC.

The Zoning Enforcement Officer is further authorized, upon notice as herein provided, to order the repair or removal of any UDC which in his judgment is a prohibited or is likely to become dangerous, unsafe, or in disrepair, or which is erected or maintained contrary to this bylaw. The Zoning Enforcement Officer shall serve a written notice and order upon the owner of record of the premises where the UDC is located and any advertiser, tenant, or other persons known to him having control of or a substantial interest in said UDC, directing the repair or removal of the UDC within a time not to exceed seven days after giving such notice. If such notice and order is not obeyed within such period of time, the UDC[1] and his duly authorized agents shall, at reasonable times and upon presentation of credentials, have the power to enter upon the premises on which said UDC is erected or maintained and repair or remove, or cause to be repaired or removed, said UDC. All expenses incurred by the Zoning Enforcement Officer and his duly authorized agents in repairing or removing any UDC shall be assessable against any person who failed to obey said notice and order and shall be recoverable in any court of competent jurisdiction if not paid within 30 days after written notice of assessment is given by the Zoning Enforcement Officer at any such person.

Editor's Note: So in original.

Alternate penalties. If such UDC is not removed for non-compliance with the provisions hereof or non-compliance with any permit granted here-under after seven days' notice from the Zoning Enforcement Officer, a fine of $300 per day to the person or organization placing said UDC and a $300 fine per day to the property owner where the UDC was placed may be issued and enforced in accordance with the provisions of MGL c. 40, § 21D.

§ 415-38.3 Kennels other than personal kennels.

[Added 5-7-2012 ATM, Art. 57; amended 5-1-2023 ATM by Art. 76]

Purpose. The purpose of this section is to establish appropriate location, criteria and standards for commercial boarding or training kennels, commercial breeder kennels, domestic charitable corporation kennels, or veterinary kennels that are for business. This bylaw is intended to establish reasonable regulations to accommodate the need to protect the public, neighborhoods, and the animals. The Board of Appeals shall consider the size and the relationship of the lot to adjacent lots and shall determine whether that size and relationship is adequate to accommodate the use without imposing undue noise, visual and traffic impacts. The Board shall make a determination of the adequacy, impose such conditions on hours of use, number of animals at a given time, fencing, screening or other measures to contain the activity and minimize its impact.

Description of Area. A commercial boarding or training kennel, commercial breeder kennel, domestic charitable corporation kennel, or veterinary kennel may only be allowed by Special Permit in B-2, I-1, I-2, I-3, I-4, H-1, and R-1, R-2, R-3, and R-4 Zones.

Criteria. Any owner or keeper of dogs who seeks to engage in a use defined as a commercial boarding or training kennel, commercial breeder kennel, domestic charitable corporation kennel, or veterinary kennel shall first obtain a Special Permit for a commercial boarding or training kennel, commercial breeder kennel, domestic charitable corporation kennel, or veterinary kennel from the Zoning Board of Appeals.

Conditions. The applicant shall meet all the requirements in applying for a Special Permit plus the following:

A Site Plan drawn within three months of applying for a Special Permit and stamped by a registered Land Surveyor that is licensed to do work in Massachusetts. The Site Plan shall include all existing conditions, proposed conditions, property lines, metes and bounds, distances to nearest structures, buffer areas and areas that will be used for runs and/or pens, fences, and storage and/or disposal of dog waste and/or waste products, etc.

Areas used for outside activities (pens) shall be fenced in with a solid wood or vinyl fence with a minimum height of six feet and shall have a minimum of a 15 foot setback from the side or rear property lines. There shall be no outside runs or pens within the front yard.

The area between the property line and the fence shall be landscaped with evergreens a minimum of four feet in height as to lessen the noise being carried to abutting properties. Evergreens shall be planted at least 30 inches apart along the entire property lines, and shall be maintained and replaced immediately if they die.

Runs and pens whether inside or outside shall be provided and shall be not less than 36 inches wide for a dog weighing not more than 45 pounds, or 48 inches wide for a dog weighing more than 45 pounds. The minimum length of runs shall be 10 feet. Inside pens shall be of the following sizes: for dogs weighing not more than 25 pounds, five square feet per dog, for dogs weighing more than 25 pounds but not more than 45, nine square feet per dog and for dogs weighing over 45 pounds, 16 square feet per dog.

Shelter from Inclement Weather. All dogs shall be provided access to shelter which will protect them against inclement weather, preserve the dog's body heat and keep them dry. The shelter shall be kept clean and sanitary condition.

The applicant must have a plan in place for disposal of animal waste.

The applicant must meet and maintain compliance with all other federal, state, and local laws or regulations.

There shall be no dogs outside between sunset and sunrise.

The Animal Control Officer shall at any time inspect or cause to be inspected any kennel and if, in their judgment, the kennel is not being maintained in a sanitary and humane manner, if the kennel is being operated in such a manner as to constitute a nuisance, or if records are not properly kept as required by law, may by order temporarily revoke or suspend said kennel license, refer the matter to the Board of Selectmen for a hearing pursuant to applicable law, and/or refer said matter to the Zoning Board of Appeals for enforcement, suspension or revocation of said Special Permit.

§ 415-38.4 Registered marijuana dispensary (RMD). [1]

[Added 5-5-2014 ATM, Art. 44]

Purpose.

To provide for the establishment of Registered Marijuana Dispensaries (RMDs) in appropriate places and under strict conditions in accordance with the passage of Initiative Petition 11-11 (Question #3 on the November, 2012 state ballot) and 105 CMR 725.100.

To minimize the adverse impacts of RMDs on adjacent properties, residential neighborhoods, schools and other places where children congregate, local historic districts, and other land uses potentially incompatible with said facilities.

To regulate the siting, design, placement, security, safety, monitoring, modification, and removal of Registered Marijuana Dispensaries.

Applicability.

The commercial cultivation (unless it meets the requirements for an agricultural exemption under MGL c. 40A, § 3), production, processing, assembly, packaging, retail or wholesale sale, trade, distribution or dispensing of Marijuana for Medical Use is prohibited unless permitted as an RMD under this § 415-38.4.

No RMD shall be established except in compliance with the provisions of this § 415-38.4.

Nothing in this bylaw shall be construed to supersede any state or federal laws or regulations governing the sale and distribution of narcotic drugs.

If any provision of this section or the application of any such provision to any person or circumstance shall be held invalid, the remainder of this section, to the extent it can be given effect, or the application of those provisions to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, and to this end the provisions of this section are severable.

General Requirements and Conditions for all Registered Marijuana Facilities.

All non-exempt RMDs shall be contained within a building or structure.

RMDs shall have a gross floor area of no less than 2,500 square feet.

[Amended 5-2-2016 ATM, Art. 77]

RMDs shall not be located in buildings that contain any office used by a medical doctor/doctors, or the offices of any other professional practitioner authorized to prescribe the use of medical marijuana.

Hours of operation of Registered Marijuana Facilities shall be set by the Special Permit Granting Authority, but in no event shall said facilities be open and/or operating between the hours of 8:00 p.m. and 8:00 a.m.

There shall be no smoking, burning or consumption of any product containing marijuana or marijuana-related products on the premises of an RMD.

RMDs shall not be located on a lot which abuts a Residential Zoning District, a school, day care center, public playground, the Rail Trail or athletic fields.

RMDs shall not be located inside a building containing residential units, including transient housing such as motels and dormitories, or inside a movable or mobile structure such as a van, truck or trailer.

Notwithstanding any provisions of Article VI, § 415-45D of this bylaw, external signage for the RMDs shall not be illuminated except for a period of 30 minutes before sundown until closing and shall comply with all other requirements regarding signage; provided, however, that the Department of Public Health may further specify minimum signage requirements.

RMDs may develop a logo to be used in labeling, signage, and other materials. Use of the medical symbols, images of marijuana, related paraphernalia, and colloquial references to cannabis and marijuana are prohibited from use in this logo.

Signs shall include the following language: "Registration card issued by the MA Department of Public Health required." The required text shall be a minimum of two inches in height.

Signs shall only identify the building by its registered name.

Signs shall not utilize graphics related to marijuana or paraphernalia on the exterior of the building in which the RMD is located.

RMDs shall not display on the exterior of the facility advertisements for marijuana or any brand name.

(10)

RMDs shall provide the Rockland Police Department, Building Commissioner/Zoning Enforcement Officer with the names, phone numbers and email addresses of all management staff and key holders to whom one can provide notice if there are operating problems associated with the establishment and update that list whenever there is any change in management staff or key holders.

(11)

RMDs shall be open to the public by appointment only.

(12)

RMDs shall provide delivery service to Hardship Patients who are unable to get to the Dispensary.

Special Permit Requirements.

A Registered Marijuana Dispensary (RMD) shall only be allowed by Special Permit from the Zoning Board of Appeals in accordance with MGL c. 40A, § 9, and § 415-89 of this bylaw, subject to the following statements, regulations, requirements, conditions and limitations.

A Special Permit for an RMD shall be limited to one or more of the following uses that shall be prescribed by the Special Permit Granting Authority:

Cultivation of Marijuana for Medical Use (horticulture) except that sites protected under MGL c. 40A, § 3, shall not require a special permit;

Processing and packaging of Marijuana for Medical Use, including Marijuana that is in the form of smoking materials, food products, oils, aerosols, ointments, and other products;

Retail sale or distribution of Marijuana for Medical Use to Qualifying Patients;

In addition to the application requirements established by the Zoning Board of Appeals rules, regulations, and elsewhere in this bylaw, a Special Permit application for an RMD shall include the following:

The name and address of each owner of the establishment and property owner.

Copies of all required licenses and permits issued to the Applicant by the Commonwealth of Massachusetts and any of its agencies for the establishment.

Evidence of the Applicant's right to use the site for the establishment, such as a deed, or lease.

If the Applicant is a business organization, a statement under oath disclosing all of its owners, shareholders, partners, members, managers, directors, officers, or other similarly situated individuals and entities and their addresses. If any of the above are entities rather than persons, the Applicant must disclose the identity of the owners of such entities until the disclosure contains the names of individuals.

A certified list of all parties in interest entitled to notice of the hearing for the Special Permit application, taken from the most recent tax list of the Town and certified by the Town Assessor.

(f)

Proposed security measures for the Registered Marijuana Facilities, including lighting, fencing, video monitoring, gates and alarms, etc., to ensure the safety of persons and to protect the premises from theft.

(g)

A site plan drawn and stamped by a certified land Surveyor licensed to practice in Massachusetts showing all existing and proposed conditions on the lot.

(h)

A Traffic Impact Report shall be prepared by a traffic engineer. The report will be submitted to the Town's Engineer for review and shall be paid for by the Applicant.

(i)

RMDs shall submit an application and receive approval for site plan and design review done by the Planning Board.

Mandatory Findings. In addition to the findings required under § 415-38.4, the Zoning Board of Appeals shall not issue a Special Permit for an RMD Facility unless it finds that:

The establishment is designed to minimize any adverse visual or economic impacts on abutters and other parties in interest, as defined in MGL c. 40A, § 11.

The Applicant clearly demonstrates that it will meet all the permitting requirements of all applicable agencies within the Commonwealth of Massachusetts and is in compliance with all applicable state and local laws and regulations.

The Applicant has satisfied all of the conditions and requirements of this section herein.

Annual Reporting. Each RMD permitted under this bylaw shall as a condition of its Special Permit file an annual report to and appear before the Zoning Enforcement Officer and the Town Clerk no later than January 31st, providing a copy of all current applicable state licenses for the establishment and/or its owners and demonstrate continued compliance with the conditions of the Special Permit.

Transfer of Special Permit. A Special Permit granted under this section shall have a term limited to the duration of the Applicant's ownership of the premises as a Registered Medical Dispensary. A Special Permit may be transferred only with the approval of the Zoning Board of Appeals in the form of an amendment to the Special Permit with all information required in this § 415-38.4.

Bond. The Zoning Board of Appeals shall require the Applicant to post a bond at the time of construction/renovation to cover costs for the removal of the RMD in the event the Town must remove the facility. The value of the bond shall be based upon the ability to completely remove all the items noted in Section 5.0 and properly clean the facility at prevailing wages. The value of the bond shall be developed based upon the Applicant providing the Zoning Board of Appeals with three written bids to meet the noted requirements. An incentive factor of 1.5% shall be applied to all bonds to ensure compliance and adequate funds for the Town to remove the improvement in compliance with law at prevailing wages.

Abandonment or Discontinuance of Use.

A Special Permit shall lapse if not exercised within one year of issuance.

An RMD shall be required to remove all material, plants, equipment and other paraphernalia:

If any required permit or license is revoked or suspended by the issuing authority;

Prior to surrendering its state issued licenses or permits; or

Within six months of ceasing operations; whichever comes first.

Editor's Note: Former § 415-38.4, Temporary Moratorium on Medical Marijuana Treatment Centers, added 5-6-2013 ATM, Art. 41, was deleted pursuant to the expiration of the moratorium on 5-30-2014.

§ 415-38.5 Marijuana establishment.

[Added 5-7-2018 ATM, Art. 67; amended 5-6-2019 ATM by Art. 12]

Purpose.

To provide for the placement of marijuana establishments in appropriate places under conditions in accordance with the provisions of M.G.L. c. 94G and in compliance with any state regulations issued thereunder.

To minimize the adverse impacts of marijuana establishments on adjacent properties, residential neighborhoods, schools, other places where children congregate and other sensitive land uses.

To regulate the siting, design, placement, security, safety, monitoring, modification and discontinuance of marijuana establishments.

Applicability.

Marijuana establishments shall not be established except in compliance with the provisions of § 415-19D and this § 415-38.5.

Nothing in this section shall be construed to supersede federal or state laws governing the sale and distribution of narcotic drugs.

If any provision of this section or the application of any such provision to any person or circumstances shall be held invalid, the remainder of this section, to the extent it can be given effect, or the application of those provisions to persons or circumstances other than those held invalid, shall not be affected thereby, and to this end the provisions of this section are severable.

General requirements.

All marijuana establishments shall be contained within a secure building or structure.

The hours of operation of marijuana establishments shall be set by the Zoning Board.

No marijuana establishments shall be located within 300 feet of a property boundary line of any lot in use as a private or public school, college, licensed day-care facility, library, park, playground, recreational or athletic fields or facility or similar place where children typically congregate. The distance shall be measured in a straight line from nearest exterior wall of the marijuana establishment/facility or accessory structure associated with said use to the nearest property boundary line of any property in use as a private or public school, college, licensed day-care facility, library, park, playground, recreational neighborhood, athletic fields or facility or similar place where children typically congregate.

No smoking, burning or consumption of any product containing marijuana or marijuana-related products shall be permitted on the premises.

Marijuana establishments shall not be located inside a building containing residential units, including transient housing such as motels and dormitories, or inside a movable or mobile structure such as a car, van, truck, trailer cargo container.

Marijuana establishments shall not have drive-through service.

No signage shall be permitted that contain designs or symbols that depict or display in any way marijuana products, equipment or plants, or other similar materials.

No outside displays or storage of marijuana, related supplies or promotional materials are allowed.

All marijuana establishments shall be ventilated in such a manner that no:

Pesticides, insecticides, or other chemicals or products used in cultivation or processing are dispersed into the outside atmosphere.

Odor from marijuana cannot be detected by a person with a normal sense of smell at the exterior of the building.

Special permit requirements.

A marijuana establishment shall only be allowed by special permit from the Zoning Board in accordance with M.G.L. c. 40, § 9, these Zoning Bylaws, including § 415-89, and subject to the following regulations, requirements and conditions.

No special permit shall be issued without a site plan approval by the Planning Board pursuant to Article VIII, §§ 415-58 and 415-59. At a minimum said site plan shall meet all dimensional, parking, landscaping and signage requirements.

Any applicant for a special permit shall have first executed a so-called "host community agreement" with the Town governing the responsibilities of the Town and the marijuana establishment and may include a community impact fee of up to 3% of gross sales to be paid to the Town.

The special permit shall limit marijuana establishments to one or more of the following uses:

Marijuana retailer.

Marijuana product manufacturer.

Marijuana transportation or distribution facility as conditioned by the Zoning Board with review by the Police Department.

In addition an application for a marijuana establishment shall include the following:

Name and address with contact phone number and email of owner/applicant of the facility.

Copies of all approved required licenses and permits (to said same owner of the facility) by the Commonwealth of Massachusetts Cannabis Control Commission and any of its other agencies for the facility.

Evidence of the applicant's right to use the site as a marijuana establishment by means of a purchase and sales agreement, deed, owner's authorization or lease.

Proposed security measures for the non-medical marijuana establishments including; lighting, fencing, gates, alarms, surveillance cameras etc., to ensure the safety of persons and products from theft. A letter from the Rockland Police Chief, or designee, acknowledging review and approval of the recreational marijuana retailer facility and its security is required. To extent allowed by law, all such documents submitted by the applicant to the Rockland Police Chief shall be confidential.

All application requirements for Site Plan approval as specified in §§ 415-58 and 415-59 unless waived by the Planning Board.

(f)

Provide the Police Department with the names, phone numbers and email addresses of all management staff and keyholders to whom one can provide notice if there are operating problems associated with the establishment and update that list whenever there is any change in management staff or keyholders.

A marijuana establishment shall only be permitted hereunder if the proposed marijuana establishment has been properly licensed by the Commonwealth of Massachusetts, maintains compliance with all state licensure requirements during its operations, and is operated in compliance with all state laws and regulations, including without limitation, 950 CMR 500 et seq.,[1] which are incorporated herein by reference to the extent that the same do not conflict with permissible local regulations.

[Added 5-6-2019 ATM by Art. 13]

Editor's Note: So in original.

Findings. The Zoning Board shall not issue a special permit to/for a recreational marijuana establishment unless it finds the following:

The establishment is designed to minimize any adverse impacts on abutters and other parties of interest, as defined in M.G.L. c. 40A, § 11.

The establishment demonstrates that it will meet all the permitting requirements of all applicable agencies within the Commonwealth of Massachusetts and will comply with all applicable state and local laws and regulations.