A.
A dwelling, building, or any structure hereafter erected in any district shall be located on a lot having no less than the minimum requirements set forth in the schedule in § 230-4.2A and B.[1] No existing lot shall be changed as to size or shape so
as to result in the violation of these requirements.
[1]
Editor's Note: The schedules of density and dimensional requirements are included as an attachment to this chapter.
B.
A lot or parcel of land having an area or a frontage of less amounts
than required by the following schedule may be considered as coming
within the area and frontage requirements of this section, provided
such lot or parcel of land has an area of not less than 5,000 square
feet and a frontage of not less than 50 feet and was shown on a plan
or described in a deed duly recorded or registered at the time of
adoption of this bylaw and did not at the time of such adoption adjoin
other land of the same owner available for use in connection with
such lot or parcel.
C.
The minimum front yard dimensions required in the following schedule
are to be measured from the street line where a plan of the way or
street is on file with the Registry of Deeds or in Town records or,
in the absence of such a plan, from the line 25 feet from a parallel
with the center line of the traveled way.
D.
The limitation on height of buildings and structures shall not apply in any district to spire, domes, steeples, radio towers, chimneys, broadcasting and television antennas, bulkheads, cooling towers, or ventilators, when the preceding are accessory and subordinate to the primary use, and other appurtenances or ornamental features usually carried above the roof, which features are in no way used for living purposes, nor to farm buildings, churches, municipal or institutional buildings, except as all structures located in airport approach zones are restricted as provided in § 230-4.6. The height of wireless communication towers as described in § 230-3.6G of this bylaw shall be restricted as provided in § 230-3.6G.
E.
Each dwelling unit, wherever located, shall have a minimum of 600
square feet of interior floor area, exclusive of cellars, said area
to be measured to the exterior walls of the structures, provided that
the Board of Appeals may issue a temporary permit for occupancy of
a building or structure with less floor area for a trailer coach situated
outside of a trailer coach park for a single period not to exceed
12 months, provided the rules and regulations of the Board of Health
are complied with. Such temporary permit shall not be renewable.
F.
Any lot located within and containing a habitable structure in the
Agriculture Zone and duly recorded in the Bristol County Registry
of Deeds on or before July 1, 1975, can be subject to the front yard
setback requirements of 30 feet from the right-of-way line and 15
feet from the side property line. All other dimensional requirements
in Section IV-B shall be adhered to.
G.
Any lot located within and containing a habitable structure in any
residential zone and duly recorded in the Bristol County Registry
of Deeds on or before October 16, 1989, shall be subject to the frontage,
setback and lot area requirements set forth in the Town of Mansfield
Zoning Bylaw adopted February 1953, last revised May 1989.
H.
Where the Town acquires an interest in land by eminent domain or
otherwise, which is adjacent to an existing public way for the purpose
of constructing or widening of the public way or sidewalks, then the
following provisions shall apply to lots or buildings affected by
any such street widening or sidewalk acquisition:
(1)
If the area of the lot, which prior to such acquisition conformed
to this bylaw, is reduced to an area less than is required by Schedule
4.2, then the area of such lot remaining after such acquisition shall
be deemed in conformity with this bylaw.
(2)
If a yard setback of a building, which prior to such acquisition
conformed to this bylaw, is reduced to a distance less than is required
by Schedule 4.2, then the yard setbacks remaining after such acquisition
shall be deemed to be in conformity with this bylaw.
I.
In all
residential districts, structural projections into required front,
side or rear yard setbacks are allowed only as set forth in the following
standards:
(1)
Emergency
repairs required by an order or written directive from the Inspector
of Buildings are exempted from front, side and rear yard setbacks
until such time as relief for the repairs can be granted by the Zoning
Board of Appeals, if necessary;
(2)
Emergency
or secondary means of ingress/egress may extend a maximum of six feet
into a side or rear yard setback;
(3)
Entrance
stairs or landings may project up to a maximum of three feet into
a required setback;
(4)
Bay
and/or bow windows, chimneys and their foundations, roof eaves, bulkheads
or similar architectural features may extend a maximum of three feet
into a required front, side or rear yard setback.
A.
Density and Dimensional Regulations - Residential Districts.[1]
[1]
Editor's Note: The Schedule of Density and Dimensional Regulations is included as an attachment to this chapter.
B.
Density and Dimensional Regulations — Business and Industrial
Districts.[2]
[2]
Editor's Note: The Schedule of Density and Dimensional Regulations is included as an attachment to this chapter.
C.
Scheduled rate of development.
(1)
Purpose. The purpose of this subsection is to establish local
standards governing the rate of residential development that promote
the health, safety and general welfare of the community by ensuring
development consistent with the Town's Master Plan and Capital Improvements
Plan. This Scheduled Development Bylaw shall be in effect for a period
of 10 years from the date of its adoption. The intent of these standards
is to allow for the reasonable expansion or extension of the Town's
services and infrastructure at a rate consistent with the Town's ability
to fund these services and infrastructure expansion or extension within
the limits of sound financial management and responsible capital planning
and in keeping with the provision of Proposition 2 1/2.
(2)
Applicability. This bylaw shall apply to all building permits
for new single, two or multi-residence residential construction. For
the purposes of this bylaw, each single-family detached dwelling unit
or each three bedrooms of two-family or multifamily units or fraction
thereof shall be considered to be one building permit. Specifically
excluded from this bylaw are building permits for demolition, repair,
renovation, reconstruction or expansion of existing residential units
and dwelling units proposed under the provisions of MGL Chapter 40B.
Also excluded are complexes for senior citizens, where occupancy is
restricted to senior persons through a properly executed and recorded
deed restriction running with the land. For the purposes of this bylaw,
the term "senior" shall mean persons over the age of 55 years of age
or older.
(3)
Building permit limitations. Effective upon adoption of this
bylaw, the total number of building permits issued for new residential
units issued within any calendar year shall not exceed 115 permits,
of which 15 shall be reserved for owners of lots which are not shown
on either a definitive subdivision plan or "approval not required"
plan under MGL c. 41, § 81, recorded after the effective
date of this Scheduled Development Bylaw.
(4)
Special exemption. The Zoning Board of Appeals may by special permit authorize the issuance of building permits in excess of the limits imposed by Subsection C(3) for low-income housing or moderate-income housing which the Zoning Board of Appeals determines would serve the needs of the Town and that the benefits of such housing project outweigh its detrimental effects after consideration of the following criteria:
(a)
Impact on the health, safety, convenience, general welfare and
amenities of the inhabitants of the Town;
(b)
Effects on adjoining premises, neighborhood character, and social
structure;
(c)
Adequacy of municipal facilities and services, including, but
not limited to, fire and police protection, water provision, and wastewater
disposal;
(d)
Effects on the natural environments; and
(e)
Fiscal impacts, including the effect on the tax and employment
base, municipal finances, and property values.
(5)
Severability. A determination that any portion or provision
of the Scheduled Development Bylaw is invalid shall not invalidate
any other portion or provision hereof.
A.
General purpose and intent. The requirement and standards set forth
herein are intended to achieve specific performance objectives, as
described below, to enhance the visual quality of the Town's commercial
areas, to encourage the creation and protection of open space, to
avoid expansive development of impervious surfaces, to protect and
preserve the Town's ecological balance and to ensure that landscaping
is an integral part of development.
B.
Objectives. In order to accomplish the general purpose and intent
of these regulations, specific objectives shall be accomplished by
landscape plans, which shall include the following:
(1)
Buffer strips at the front of lots shall contribute to the creation
of tree-lined roadways and shall create a strong impression of separation
between the street and the developed area of the site without necessarily
eliminating visual contact between them.
(2)
Buffer strips adjoining or facing residential uses or residential
zoning districts shall provide the strongest possible visual barrier
between uses at pedestrian level and create a strong impression of
spatial separation.
(3)
Landscaping within parking areas shall provide visual and climatic
relief from broad expanses of pavement and shall be designed to define
logical areas for pedestrian and vehicular circulation and to channel
such movement on and off the site.
(4)
All required landscaping shall be located entirely within the
bounds of the parcel.
(5)
To the greatest feasible extent, existing healthy, mature vegetation
shall be retained in place or transplanted and reused on site.
(6)
It is the intent of this section to count all buffer and landscape
area toward the open space requirement for the underlying zone.
(7)
The owner(s) and/or developer(s) of any lot shall be responsible
for the maintenance of all landscaped open space and buffers. Landscaping
shall be maintained in good condition so as to present a healthy,
neat and orderly appearance and shall be kept free from refuse and
debris.
C.
Applicability.
(1)
The requirements of this § 230-4.3 shall apply to any new structure which requires 10 or more parking spaces, and to any major alteration, or change of use of an existing structure which requires the addition of 10 or more parking spaces. The requirements of this section shall also apply to all commercial parking lots and parking facilities as defined in § 230-3.5T of this bylaw.
(2)
Notwithstanding the above statement, all development in the
Business 1 or Business 2 District shall be exempt from these requirements.
D.
Submission and approval requirements.
(1)
No construction or alteration of a structure subject to the
requirements of this section shall take place until a landscape plan
and planting schedule prepared by a registered landscape architect
has been submitted to the Planning Board and approved by the Board
for conformity with these regulations.
(2)
The applicant shall submit the original and seven blue-line
prints of a landscape plan conforming to the following standards:
(a)
The landscape plan shall be prepared at a scale of one inch
equals 40 feet.
(b)
The plan shall contain the information required for site plans in § 230-5.5C(1) through C(5) and § 230-5.5C(8) through C(11).
(c)
The plan shall indicate the limits of work, existing tree lines,
and all proposed landscape features and improvements, including planting
areas, with size and type of stock for each shrub or tree.
(3)
For uses not otherwise subject to site plan approval for special
permit, the Board shall review a properly submitted and prepared landscape
plan at its next scheduled meeting and shall approve the landscape
plan and planting schedule as being in conformance with these requirements.
(4)
For uses requiring site plan approval or a special permit, the
review of the landscape plan and planting schedule shall be concurrent
with other reviews, and granting of site plan approval or a special
permit shall include approval of the proposed landscaping as being
in conformance with the requirements of this section.
E.
Modification by special permit.
(1)
In the event an applicant desires to deviate from the specific
standards for landscaping and screening set forth in this section,
the Zoning Board of Appeals may approve alternative plans through
the granting of a special permit.
(2)
The findings generally required for special permits under § 230-5.5F of this bylaw shall not be required for a special permit to modify landscaping and screening standards; however, no such special permit shall be granted unless the Zoning Board of Appeals finds that the proposed landscaping arrangement meets the general purpose, intent and objectives of this section and in addition makes one of the following findings:
(a)
The alternative landscaping arrangement proposed by the applicant
is clearly preferable for the site and surroundings than one strictly
conforming to the standards of this section.
(b)
It is impractical to provide the specified depth of landscaped
area due to the size, shape or other characteristics of the parcel
beyond the control of the applicant, and the alternative arrangement
proposed by the applicant provides equivalent benefits to the site
and surrounding areas.
F.
Landscaped buffer strips.
(1)
General standards.
(a)
A landscaped buffer strip shall be provided separating all buildings,
parking areas, circular circulation facilities, or similar improvements
from the right-of-way line of any public street, or any private way
which is adjudged by the Planning Board to perform an equivalent function.
(b)
Landscaped buffer strips shall also be provided along the side
and rear lot lines wherever a commercial or industrial zone abuts
a residential zone. In the Business 4 (B-4) Zone, the landscaped buffer
strip shall be a minimum of 20 feet deep at the side and/or rear of
the property. No main building, accessory building, parking area,
storage area, driveway, railway or roadway shall be permitted within
these buffers.
(c)
Plantings in landscaped buffer strips shall be arranged to provide
maximum protection to adjacent properties and to avoid damage to existing
plant material.
(d)
The landscaped buffer strip shall include the required planting
as set forth herein, and shall be continuous except for required vehicular
access points and pedestrian circulation facilities. All required
landscaping amenities shall be located within the bounds of the parcel.
Signs shall be designed to be integrated into the landscaping.
(2)
Specific standards.
(a)
Depth.
[1]
Landscaped buffer strips along a public way shall be 1/3 of
the distance between the street right-of-way and any building line,
but shall not be less than 15 feet in depth, and need not be greater
than 50 feet in depth.
[2]
Landscaped buffer strips abutting or across a street from a
residential district shall be a minimum of 15 feet in depth in commercial
districts, and a minimum of 50 feet in depth in industrial districts.
(b)
Composition. The buffer strip shall consist of a combination
of deciduous and/or evergreen trees and lower-level elements, which
may include shrubs, hedges, grass, ground cover, fences, planted berms,
brick or stone walls. Not more than 25% of the coverage of the landscaped
area shall be mulch or nonliving material.
(c)
Density of plantings.
[1]
At least one tree shall be provided per 27 linear feet of street
frontage or portion thereof. There shall be a minimum of three trees
in the entire buffer strip. Trees may be evenly spaced or grouped.
Groups of trees shall be spaced no further apart than 50 feet.
[2]
At least four shrubs shall be provided per 100 square feet of
landscaped area in the buffer strip.
(d)
Opaque screens. For developments adjoining or facing residential
districts or residential uses, or when necessary for public safety
or to prevent adverse impacts on neighboring properties, a buffer
strip shall contain opaque screens as described herein. An opaque
screen may be comprised of walls, fences, berms or evergreen planting,
or any combination thereof, provided that the Planning Board may require
evergreen trees or shrubs instead of fences when deemed appropriate.
Opaque screens shall be opaque in all seasons of the year.
[1]
Within a side or rear yard, the screen shall be opaque from
the ground to a height of at least six feet when planted or installed.
At the street line, the screen shall be opaque from the ground to
a height of at least three feet when installed.
[2]
Walls or fences exceeding 4 1/2 feet in height shall have
plantings on the side facing the residential district.
[3]
Evergreen trees or shrubs shall be spaced not more than five
feet on center.
(e)
Berms. When berms are used to meet the requirements for a buffer
strip, they shall be planted with living vegetation. The minimum top
width of a berm shall be three feet, and the maximum side slope shall
be 3:1. No more than 25% of the coverage of a planted berm shall be
mulch or nonliving material.
G.
Intersection sight distance restrictions. Landscaped buffers and
screening shall not restrict sight distances at intersections or driveway
entrances. Site distance requirements, location and specification
of site zones shall be determined by reference to the current edition
of the Commonwealth of Massachusetts Department of Public Works Highway
Design Manual, or any successor publication. No fence or other structure
may be erected, and no vegetation may be maintained, between a plane
2 1/2 feet above the curb level and a plane seven feet above
intersecting roadway levels within the zone required for sight distance,
subject, however, to actual roadway profiles of the intersecting streets
and/or driveways.
H.
Landscaping within off-street parking areas.
(1)
Use of landscaped islands as buffers. Parking areas shall be
broken into sections not to exceed 140 cars per section. Sections
shall be separated by landscaped buffers to provide visual relief.
At a minimum, the buffers shall consist of islands which shall be
a combination of "divider islands" and "terminal islands."
(2)
Standards for landscaped islands.
(a)
General. Each landscaped island shall have a minimum area of
150 square feet and shall consist of pervious landscaping. Curbing,
at least five inches in height, shall surround each landscaped island
as protection from vehicles. No tree shall be planted less than four
feet from the curbing.
(b)
Divider islands. The following additional design standards shall
apply to divider islands:
[1]
At least one landscaped divider island shall be provided for
every four parallel rows of parking.
[2]
Trees shall be spaced not more than 27 feet on center.
[3]
At least one shrub shall be provided for every five linear feet,
or one shrub per 35 square feet of ground area, whichever results
in a greater number of shrubs.
(c)
Terminal islands. The following additional design standards
apply to terminal islands:
[2]
Landscaped terminal islands shall be provided at the ends of
rows of parking where such rows are adjacent to driveways or vehicular
travel lanes. In addition, terminal islands shall separate groups
of parking spaces in a row, such that no continuous line of adjoining
spaces contains more than 25 parking spaces.
[3]
Terminal islands shall contain at least two trees when abutting
a double row of parking spaces.
[4]
Landscaped terminal islands shall contain evergreen shrubs planted
three feet or less on center, in order to prevent damage due to pedestrian
traffic.
(3)
Grass or ground cover may be substituted for shrubs in divider
islands and terminal islands with the approval of the Planning Board.
(4)
A landscaped island may be up to 33% impervious surface, provided
that all such area is used for pedestrian walkways and that such walkways
are adequately buffered from the parking areas.
I.
Landscaping adjacent to buildings. Landscaped areas at least 10 feet
in depth shall be provided adjacent to buildings on every side of
such buildings that has a public access point, and shall contain trees
and shrubs.
J.
Standards for plant materials.
(1)
All trees, shrubs and hedges must be species that are hardy
in Plant Hardiness Zone 5, as defined by the American Standards for
Nursery Stock, and shall be resistant to salt spray and urban conditions
where appropriate.
(2)
Plantings shall be selected and designed so as not to require
high water use for maintenance.
(3)
Deciduous trees must be at least 2 1/2 inches to three
inches in caliper, six inches above the top of the root ball at the
time of planting; and must be expected to reach a height of at least
20 feet within 10 years, when considering the expected normal growth
patterns of the species.
(4)
Evergreen trees must be at least six feet in height at the time
of planting.
(5)
Ornamental or specimen trees must be at least eight feet in
height at the time of planting.
(6)
Shrubs and hedges must be at least 3 1/2 feet in height
or have a spread of at least 24 inches at the time of planting.
(7)
Shade or canopy trees shall be provided within parking lots
and within buffer strips.
K.
Design for pedestrian circulation.
(1)
Pedestrian access through buffers and screens. Landscaped buffers
should, to the greatest extent possible, serve as usable open space,
providing an environment for pedestrian access between uses. Therefore,
buffers shall be designed to include appropriate means of pedestrian
access and crossing, both along the landscaped area (i.e., in a parallel
direction with the property line) and across the buffer (i.e., providing
pedestrian access to the site, separate from vehicular access points).
Buffers and screens shall provide for appropriate hard-surfaced pedestrian
access points and walkways where property lines abut existing or planned
public streets, whether or not such streets have been constructed.
(2)
Pedestrian circulation in parking facilities.
(a)
Parking facilities and appurtenant driveways shall be designed
so as to gather pedestrians out of vehicle travel lanes and to maximize
the safety and convenience of pedestrians walking between parked cars
and business entrances as well as between external points and locations
on site.
(b)
Pedestrian walkways shall be:
[1]
Integrated, to the extent possible, into the interior and/or perimeter
landscaping of parking lots;
[2]
Constructed with a paved or similarly firm surface, at least four
feet in width; and
[3]
Separated from vehicular and parking areas by grade, curbing, and/or
vegetation, except for necessary ramps.
L.
Exterior lighting standards.
(1)
Purpose: to encourage quality site lighting design, providing
consistency of regulation and application, enhancing public safety
and security, encouraging the use of energy-efficient lighting, reducing
excessive lighting levels, protecting dark skies and the preservation
of night skies for the observation of celestial objects, preventing
light trespass and reducing unwanted glare.
(2)
Applicability. The provisions of this bylaw shall apply to the
installation of all replacement and new retail/commercial/industrial
and multifamily outdoor building and site lighting. "Replacement"
is defined as a new lighting fixture type or mounting height or location.
Specifically excluded from this bylaw is routine maintenance, such
as replacing lamps, fixtures, light bulbs, lenses or starters with
similar components, provided such changes do not result in higher
light output.
(3)
General design principles. Site lighting shall be integrated
into the design of the proposed development as it becomes part of
the built environment, balancing lighting needs with ambient light
levels and general neighborhood nighttime characteristics. One hour
after the close of the last business, site lighting may be powered
down by at least 1/2.
(4)
Submission requirements. Each site plan shall require the submission
of a photometric plan covering the entire site.
(a)
The photometric plan shall show the horizontal illumination
values throughout the site, in footcandles, with ten-foot spacing
between each point.
(b)
Footcandle reading(s) shall be shown under each light fixture.
(c)
Footcandle reading(s) at the property line(s) shall be shown.
Light trespass is prohibited.
(d)
Location and identification of all proposed lighting fixtures
on site shall be shown.
(e)
Fixture type, lamp type and detail or manufacturer's cut shall
be included on the plan. Light poles and foundations shall also be
shown.
(5)
Parking lot lighting.
(a)
Parking lot lighting poles shall be site- and use-appropriate
height.
(b)
All lighting shall be directed downward.
(c)
No parking area shall be illuminated outward from a building
using wall packs or flood lights.
(d)
All lighting fixtures shall be shielded in such a manner so
as to minimize light trespass, glare and night glow. Full-cutoff fixtures,
house-side shielding or other directionally shielded lighting fixtures
may be utilized.
(6)
Pedestrian lighting. Pedestrian lighting shall be provided along
sidewalks in common areas and in other areas having public access
for safety and security. Lighting shall be located horizontally and
vertically to provide a well-lit pathway without light trespass on
adjacent properties.
(7)
Architectural lighting. Architectural lighting should only be
used to illuminate special building features.
In any zoning district, if a structure is constructed, enlarged,
or extended and any use of land established, or any existing use is
changed after the effective date of this bylaw, parking and loading
spaces shall be provided in accordance with the following schedules:
A.
Off-street parking schedule.
[Amended 4-11-2017 ATM
by Art. 30; 4-9-2019 ATM by Art.
33]
|
Land Use
|
Minimum Number of Off-Street Parking Spaces
|
|---|---|
|
Dwelling, single-family and 2-family units.
|
2 per dwelling; 2-family in B2, 2 spaces per unit
|
|
Dwelling, multifamily (3 or more units)
|
1.5 per unit in Business 1; 2.0 in all other zones
|
|
Hotel, motel, tourist court
|
1 per sleeping room
|
|
Automobile repair garage
|
1 space for each 200 square feet of gross floor area
|
|
Liquor store
|
1 space for each 200 square feet of gross floor area
|
|
Theater, gymnasium, auditorium, church, meeting rooms, or similar
place of public assembly with seating facilities.
|
1 for each 4 seats of total seating capacity (20 linear inches
of bleachers or benches may be considered equal to 1 seat)
|
|
General business, or commercial, personal services (barber,
hair dresser, and tailor), department stores, drug stores, variety
stores, medical centers, and outpatient clinics; banks, bowling alleys,
and business, professional and other offices less than 25,000 square
feet
|
1 per 200 square feet of gross floor area. In B1 and B2, 1 per
1,000 square feet of gross floor area.
|
|
Business, professional, and other offices 25,000 square feet
and greater
|
In PBD, 2.75 spaces per 1,000 square feet of gross floor area.
In all other districts, 3.5 spaces per 1,000 square feet of gross
floor area
|
|
Manufacturing and warehousing and offices incidental thereto
|
1 per employee on the largest operating shift
|
|
Restaurant
|
1 per 4 seats; in B1 and B2, 1 space per 1,000 square feet of
gross floor area. In the B1 and B2 Zones, off-street parking is not
required where valet parking is provided. Only for conversion to restaurant
use in the B1 and B2 Zones, the Planning Board may waive the off-street
parking requirement as part of site plan or special permit approval
based upon alternate parking solutions. ADA-compliant parking must
still be provided.
|
|
Retail use greater than 25,000 square feet
|
One per 250 square feet of gross floor area
|
|
Mixed use
|
Number of tandem parking spaces which, in the judgment of the
Planning Board are adequate to provide off-street parking for the
proposed use
|
|
Any use permitted by this bylaw not interpreted to be covered
by this schedule
|
Number of spaces which in the judgment of the Planning Board
are adequate to provide off-street parking for the proposed use
|
B.
Off-street loading area requirements.
|
Use
|
Minimum Number of Loading Space Areas
|
|---|---|
|
All uses under 5,000 square feet of gross floor area
|
None required except instances where existing loading is done
in the public street or sidewalk
|
|
Retail trade, manufacturing, wholesale, and industry with over
5,000 square feet of gross floor area
|
1 per 20,000 square feet or fraction thereof of gross floor
area up to 40,000 square feet; 1 additional space for every 60,000
square feet thereafter.
|
|
Business services, community facilities, and other service areas
(school, church, Town building, recreation) with over 5,000 square
feet of gross floor area
|
1 per 75,000 square feet or fraction thereof of gross floor
area up to 2 spaces; 1 additional space for each 20,000 square feet
or fraction thereof of gross floor area over 150,000 square feet
|
|
Any use permitted by this bylaw interpreted to not be covered
by this schedule
|
Number of spaces which in the judgment of the Planning Board
are adequate to provide off-street loading for the proposed use(s)
|
C.
Handicapped parking. Specially designed parking spaces for the physically
handicapped shall be provided according to the most recent rules and
regulations of the State of Massachusetts Architectural Barriers Board.
D.
Design standards and special conditions.
(1)
Computation of spaces. When the computation of required parking
or loading spaces results in the requirement of a fractional space,
the fractional space shall require a full space if the fraction is
greater than 1/2.
(2)
Combined uses/multiple uses. In the case of combined or mixed
uses, the parking facilities required shall be of the sum of the requirements
for the various individual uses, computed separately in accordance
with this bylaw. Parking facilities for one use shall not be considered
as providing the required parking facilities for any other use unless
it can be clearly demonstrated that the need for parking occurs at
different times.
(3)
Location.
(a)
Required parking spaces and loading spaces shall be on the same lot
as the principal use(s) served; or if not reasonably possible, on
other property in the same zoning district within 200 feet of the
principal building. This 200 feet shall be measured along a public
way. Such off-premises parking shall be in possession, by deed or
lease, of the owners of the use served.
(b)
In the Business 1 and Business 2 Districts, all required parking
shall be located at the rear of the principal building.
(4)
Existing spaces. Parking or loading spaces being maintained
in any district in connection with any existing use on the effective
date of this bylaw, or any spaces subsequently provided in accordance
with this bylaw, shall not be decreased or in any way removed from
service to the use originally intended to be served so long as said
use remains, unless a number of parking or loading spaces is constructed
elsewhere such that the total number of spaces conforms to requirements
of the parking and loading schedules.
(5)
Materials. All parking areas shall contain 2 1/2 inches
of pavement. Durable curbing shall be installed for four inches above
the pavement at appropriate locations to provide for adequate drainage
and protection of buffer areas. Parking areas shall be constructed
with a subsurface drainage system which is either connected to or
designed in conjunction with the existing and proposed street or driveway
drainage system. The drainage shall be designed for a twenty-five-year
storm frequency.
(6)
Parking spaces. Each required off-street parking space shall
be marked with paint or other durable marking material and shall be
large enough to contain a rectangle measuring not less than nine feet
by 18.5 feet. This area shall constitute one space. For subcompact
cars, a space shall be large enough to contain a rectangle measuring
not less than eight feet by 17 feet.
(7)
Loading spaces.
(a)
Each space for off-street loading shall be a minimum of 14 feet
by 60 feet with a vertical clearance of at least 14 feet. Each loading
space shall have additional area adequate for maneuvering and/or parking
so that a public street, sidewalk, or area is not encroached upon.
The loading spaces required for uses listed in the off-street loading
schedule shall in all cases be on the same lot as the use they are
intended to serve unless information/data can be presented which demonstrates
that this requirement is not necessary.
(b)
In no case shall the required loading spaces be part of the
area used to satisfy the parking requirements of the bylaw.
(8)
All lighting of parking lots shall be arranged so as to adequately
light the entire parking lot and will be directed away from the street
and adjoining residential uses.
(9)
Entrance/Exit drive widths and location.
(a)
The minimum distance between an entrance or exit drive at the
street (right-of-way) line and the curb line of an intersection street
shall be 50 feet in all directions.
(b)
The maximum width of an entrance or exit drive at the street
(right-of-way) line shall be 24 feet in a Residential District and
40 feet in any other district. If the driveway is divided to separate
entrance and exit movements, the combined width may be increased to
60 feet.
(c)
The Planning Board may authorize departures from the above standards
as follows:
[1]
In Industrial, Business and Planned Business Districts, the
Board may authorize more than two access driveways if it determines
that such additional driveways are necessary to provide adequate area
for safe vehicular turning movements and circulation. In any case,
there shall be no more than one additional access driveway for each
100 feet of frontage, and all two-way access driveways on a single
lot shall be at least 100 feet apart measured from the center line
of each access driveway.
[2]
In Industrial, Business and Planned Business Districts, the
Board may authorize a driveway with a greater width than provided
for herein when the Planning Board finds that such width would facilitate
traffic flow and safety.
[3]
No increase in the number or widths of driveways shall be granted
unless the Planning Board specifically finds that the proposed design
would provide greater traffic safety than a design conforming to the
design standards set forth herein.
(10)
Subcompact car spaces.
(a)
The Planning Board may allow the construction of smaller parking
spaces designed to accommodate a subcompact car. Thirty percent of
subcompact parking spaces shall be allowed by right. Anything above
said number shall be approved by the Planning Board.
(b)
In the Planned Business District only, up to 40% of the required
parking spaces may be designed to accommodate subcompact cars by right.
(11)
Business 1 Zone exception. All businesses proposed for the Business
1 Zone may be exempted from the off-street loading requirements if,
in the opinion of the Planning Board, an unsafe traffic condition
is not created.
(12)
Display of merchandise. No parking or loading area shall be
used for the sale, repair, display, storage, dismantling, or servicing
of any vehicle, equipment, merchandise, material, or supplies except
as specifically permitted by these bylaws in conjunction with uses
directly involving sale, servicing, storage, or repair of vehicles
in districts where such uses are permitted.
(13)
Parking barriers. A substantial bumper of concrete, steel, or
heavy timber; or a concrete curb or berm which is backed; or a natural
berm; shall be so located at the edge of surfaced areas except driveways
so as to protect abutting structures, properties, sidewalks and landscaping.
(14)
Aisle and maneuvering space. The aisle maneuvering area shall
be provided based on recognized standards approved by the Highway
Research Board.
(15)
Senior citizen housing. In instances where a senior citizen
housing project is developed, the requirement for off-street parking
shall be one space for every two dwelling units.
(16)
Municipal parking lots and areas. The Planning Board shall not
allow the substitution of parking space within municipal parking lots
in lieu of the parking requirements of this bylaw.
(17)
Employee parking. In addition to the requirements for off-street parking in Subsection A, all use(s) of land shall also provide one parking space per employee on the largest operating shift unless otherwise noted.
(18)
Drive-up window stacking lane requirements.
(a)
STACKING LANE
STACKING SPACE
For the purposes of this bylaw, a "stacking lane" and "stacking space"
shall be defined as follows:
An area of stacking spaces and driving lane provided for
vehicles waiting for drive-up service, which is physically separated
from other traffic and pedestrian circulation on the site.
An area within a stacking lane for vehicles waiting to order
and/or finish a drive-up transaction.
(b)
Fast-food drive-up facilities shall provide a minimum of 10
stacking spaces (within the site) before the order board. The facility
shall provide another four stacking spaces between the order board
and the transaction window. If the facility has two transaction windows,
the four stacking spaces may be split between each of the windows.
An additional stacking space shall be provided after the last transaction
window(s).
[Amended 4-14-2020 ATM by Art. 34]
(c)
Non-fast-food drive-up facilities shall provide a minimum of
four spaces before the drive-up window.
(d)
Each stacking space shall be a minimum of 20 feet in length
and 10 feet in width along straight proportions. Stacking spaces and
stacking lanes shall be a minimum of 12 feet in width along curved
segments.
(e)
Stacking lanes shall be delineated from traffic aisles, other
stacking lanes and parking areas with striping, curbing, landscaping
and the use of alternative paving materials or raised medians.
(f)
Entrances to stacking lanes shall be clearly marked and a minimum
of 60 feet from the intersection with the public street. The distance
shall be measured from the property line along the street to the beginning
of the entrance.
(g)
Stacking lanes shall be designed to prevent circulation congestion,
both on-site and on adjacent public streets. The circulation shall:
(1) separate drive-up traffic from site circulation, (2) not impede
or impair access into or out of parking spaces, (3) not impede or
impair vehicle or pedestrian traffic movement, and (4) minimize conflicts
between pedestrian and vehicular traffic with physical and visual
separation between the two. Stacking lanes or bypass lane shall not
interfere with required loading and trash storage areas and loading
or trash operations shall not impede or impair vehicle movement. An
emergency bypass lane or exit shall be provided.
(h)
Stacking lanes shall not enter or exit directly into a public
right-of-way. Stacking lanes shall be integrated with the on-site
circulation pattern.
(i)
The intersection of stacking lanes and walk-in customer access
shall be a minimum of 50 feet from any access connections and/or transaction
windows. Said intersections shall be provided with a crosswalk. These
crosswalks shall use enriched paving and striping and include warning
signage aimed at both the pedestrian and the vehicle.
(j)
For any drive-up window use permitted by this bylaw interpreted
not to be covered by these queuing and stacking requirements, the
Planning Board may require the number of spaces which, in the judgment
of the Planning Board, are adequate to provide sufficient parking
and queuing lanes to provide off-street access for the proposed use(s).
(19)
Tandem parking spaces, as defined in § 230-1.5, may be allowed in the Business 1 (B1), Business 2 (B2), Business 4 (B4), Industrial 1 (I1), Industrial 2 (I2) and the Industrial 3(I3) Zones. The Planning Board may make the finding that tandem parking may be used in the Transit Oriented Development (TOD) and North Main Street Business Overlay District.
[Added 4-11-2017 ATM
by Art. 30]
On a corner lot, to provide visibility, unobstructed at intersections,
no sign, fence, wall, tree, hedge, or other vegetation and no building
or other structure more than 3 1/2 feet above the established
grade of the street shall be erected, placed, or maintained within
the area formed by the intersecting street lines and a straight line
joining said street lines which is 25 feet distant from the point
of intersection, measured along said street lines.
The height of structures in airport approach zones shall be
regulated in conformity with the provisions of Chapter 756 of the
Acts of 1960 of the Commonwealth of Massachusetts.
A.
In the Business 1, 2 and 3 Districts, the following standards for
business use shall apply:
(1)
Wall sign: includes all identification parallel and attached
to a building wall. The following formula shall regulate the wall
sign dimensions:
(2)
Freestanding sign. The size of the freestanding sign shall not
be larger than 16 square feet per side. The sign shall have a maximum
height of 15 feet and shall be set back a minimum of five feet from
the property line. The maximum size of a freestanding sign shall be
32 square feet per building.
(3)
Overhanging signs. Signs may be permitted to overhang a public
way or project from the front face of a building, provided they do
not exceed 12 square feet per side in area. Such signs shall not project
more than five feet from the front face of the building wall and shall
be at least eight feet above the ground.
(4)
A-frame/sandwich board signs.
(a)
A-frame/sandwich board signs may be displayed only in the Downtown
Business Zone.
[1]
Each business is permitted one A-frame/sandwich board sign.
Each and every change of business ownership shall require a new hold-harmless
agreement and a new sign permit prior to displaying the new owner's
sign.
[2]
A-frame/sandwich board signs shall be located next to the curb
edge of the sidewalk in such a manner so as not to interfere with
the flow of pedestrian traffic or the opening of car doors.
(b)
Placement of A-frame/sandwich board signs shall allow sufficient
space between the back edge of sidewalk and closest edge of the A-frame/sandwich
board sign to allow unimpeded flow of pedestrian traffic. In no case
shall that distance be less than three feet.
(c)
A-frame/sandwich board signs may only be displayed during the
establishment's hours of operation.
(d)
A-frame/sandwich board signs must be displayed within that portion
of the sidewalk length equivalent to the length of the building fronting
on said sidewalk. There shall be a minimum distance of 10 feet between
each sign.
(e)
A-frame/sandwich board signs shall not be permanently anchored
to the sidewalk. Signs may be weighted at their base to reduce movement
when displayed.
(f)
A-frame/sandwich board signs shall not be displayed during times
of inclement weather such as high winds, heavy rain, snow or during
any on-street parking ban.
(g)
All A-frame/sandwich board signs shall be constructed of weather-resistant
material, having a maximum height of 36 inches and a maximum width
of 24 inches, and shall be a sign panel of no more than six square
feet on each side.
(h)
No A-frame/sandwich board sign shall be illuminated or powered
by any means. No materials such as balloons, papers, windsocks, etc.
may be added to the sign. The height of the sign may not be artificially
increased above the elevation of the sidewalk.
(i)
Each applicant for an A-frame/sandwich board sign must submit
a fully completed, signed and witnessed, hold-harmless agreement to
the Building Department along with a sign permit application and fee
prior to placement of a sign on property owned by the Town of Mansfield.
B.
In the Industrial Districts, Planned Business District (PBD) and
the Reservoir District (RD), the following standards for signs shall
apply:
[Amended 4-10-2018 ATM
by Art. 27]
(1)
Each building shall be entitled to have one freestanding sign
or monument sign. The sign height requirement for a freestanding sign
shall be a maximum of 15 feet with at least a ten-foot setback from
the property line with a maximum of 30 square feet per side, or a
total of 45 square feet if parallel to a frontage road.
(3)
Each building may be entitled to one rear wall sign in conformance with § 230-1.5, Definitions, "rear wall sign." A business in the Downtown Business Zone or the Reservoir District having a non-primary, for zoning purposes, secondary frontage on a public or private way or public or private parking lot may be permitted an additional wall sign on that second frontage. Said wall sign shall not be greater in length than 20% of the rear facade of the building. Rear wall signs shall not be larger than 16 square feet.
C.
General regulations. When there is a change in ownership or use of
the property, and there are any changes to be made to the signs on
the building, then all signs shall be made to comply with this bylaw.
D.
Permitted signs. Nonilluminated signs are permitted in all districts
as follows:
(1)
One sign for identification, announcement of professional or
home occupations, or announcements of membership of an occupant or
occupants of a dwelling in a professional, fraternal, or service organization,
or announcement of use of any other property, not exceeding three
square feet in area.
(2)
Temporary signs may be displayed for a period of one year, during
construction of the premises. The size of the temporary signs shall
not exceed 32 square feet per side.
(3)
Off-site directional signs, provided they do not exceed three
square feet in area and not more than two per establishment, provided
they are not located within a public right-of-way.
(4)
Temporary signs advertising public and civic events.
E.
Prohibited signs:
(1)
Signs in excess of 12 square feet which overhang public ways.
(2)
Animated signs, except for barber poles.
(3)
Off-site directional signs in excess of three square feet.
(4)
Pennants, flags, whirligigs and banners.
(5)
Intermittently lighted signs.
(6)
Illuminated signs which cause any glare distracting to drivers,
or are in such a position or of such color as to hamper the readability
of traffic lights or other traffic signs.
(7)
Billboards or other off-site advertising.
(8)
Wall signs shall not extend above roof lines.
(9)
No freestanding sign shall be constructed on the roof of building.
F.
Permit required. No sign of any type covered by this bylaw shall
be erected without a permit issued by the Building Inspector.
A.
In order to protect and preserve the areas along existing water bodies
and to protect wetland areas from adverse development, the following
lists special standards which must be complied with prior to the issuance
of a building permit for uses which would be affected by these special
regulations.
B.
In all instances where property is affected by the provisions of
this section, the Building Inspector shall require the applicant to
submit a plan showing the limits of the property; the location of
proposed structure, the exact limits of the watercourses and/or wetlands
and the necessary computations to prove that the land will conform
to the requirements of this section.
C.
Water body setback.
(1)
Along the Wading River, Canoe River, Rumford River, south of
Spring Street to the Norton Town Line, and Hodges Brook south of School
Street to the Norton Town Line, construction of primary-use buildings
shall not be permitted within 100 feet, as measured by the high water
line of said watercourses.
(2)
Along all other brooks and streams, construction of primary-use
buildings shall not be permitted within a distance which is equivalent
to the minimum rear year setback of any zone, or 20 feet, whichever
is greater, as measured from the high water line of said brook or
stream.
(3)
Around all lakes, ponds and the following very poorly drained
and poorly drained soil associations (Whitman, Scarboro, Medisaprists,
Ridgebury and Walpole), construction of primary-use buildings shall
not be permitted within a distance which is equivalent to the minimum
rear yard setback of any zone, or 20 feet, whichever is greater, as
measured from the high water line of said lake, pond or the soil line
of the above-described very poorly or poorly drained soils. Said soils
are specifically described in a document titled "Soil Survey of Bristol
County Massachusetts (Northern Part)" prepared by the United States
Department of Agriculture, Natural Resources Conservation Service.
Said document is hereby incorporated into the Mansfield Zoning Bylaw.
D.
Wetland protection.
(1)
A primary-use building shall not be erected in the Residence
1, Residence 2, Residence 3 and Reservoir Districts on a lot which
contains a permanent body of water; or swamp and wetland specifically
described as very poorly or poorly drained soils [said soils are specifically
described in a document titled "Soil Survey of Bristol County Massachusetts
(Northern Part)" prepared by the United States Department of Agriculture,
Natural Resources Conservation Service] unless said lot conforms to
the following minimum lot sizes and contains the minimum buildable
contiguous area which would be exclusive of said body of water and
very poorly drained or poorly drained soil. Said lot shall contain
the minimum buildable contiguous area that exists prior to any approval
that may be granted by the Mansfield Conservation Commission under
MGL c. 131, § 40.
|
District
|
Minimum Lot Area
(square feet)
|
Minimum Buildable Contiguous Lot Area
(square feet)
|
|---|---|---|
|
Residence 1/no sewer
|
60,000
|
37,000
|
|
Residence 1/sewer
|
60,000
|
33,000
|
|
Residence 2/no sewer
|
30,000
|
17,000
|
|
Residence 2/sewer
|
20,000
|
13,000
|
|
Residence 3/single-family
|
10,000
|
10,000
|
|
Residence 3/2-family
|
15,000
|
13,000
|
|
Reservoir District/no sewer
|
30,000
|
17,000
|
|
Reservoir District/Sewer
|
20,000
|
13,000
|
|
In all lots affected by this provision, the Building Inspector
shall require that, prior to the issuance of a building permit, the
applicant presents sufficient documentation to demonstrate compliance
with this provision.
|
(2)
A primary-use building shall not be erected in the Business
1, Business 2, Business 3, and Industrial Districts, on swamps and
wetlands, specifically described in a document titled "Soil Survey
of Bristol County Massachusetts (Northern part)" prepared by the United
States Department of Agriculture, Natural Resources Conservation Service,
unless the required permits are obtained from the Board of Health
and under Chapter 131 of the Massachusetts General Laws.
The Planning Board may grant a special permit for additional
nonresidential building floor area above the maximum floor area ratio
allowed in the Industrial 1, Reservoir and Planned Business Districts
in accordance with the schedule below, provided that a linkage payment
is made into the Town of Mansfield Capital Improvement Fund in an
amount equal to 5% of the total construction cost of the additional
floor area allowed by special permit.
A.
Schedule of floor area ratio.
(1)
Schedule.
|
Floor Area Ratio by Special Permit
| |||
|---|---|---|---|
|
Use
|
I-1
|
RD
|
PBD
|
|
Retail
|
0.50
|
0.50
|
—
|
|
Office
|
0.75
|
0.75
|
0.85
|
|
Industrial
|
0.75
|
0.75
|
—
|
|
Other nonresidential
|
0.75
|
0.75
|
—
|
|
Research and development
|
—
|
—
|
0.85
|
|
Biotechnology
|
—
|
—
|
0.85
|
|
Light manufacturing
|
—
|
—
|
0.85
|
|
OR
| |||
(2)
In the Planned Business District only, an additional density
bonus may be added to the by-right density when an applicant chooses
to use green building or sustainable design and/or construction techniques.
(a)
An applicant for a density bonus must accrue at least five points
from the following list to implement building and/or site-wide or
new construction or a major, 51% or more of the total value, renovation.
[1]
Provision for encouragement of ride sharing; use of shuttle
buses to public transportation; electric car recharging stations;
covered bicycle lockers: one point.
[2]
Shared parking, structured, decked or on-grade — one point.
[3]
Solar arrays in parking field: one point.
[4]
Permeable paving: two points.
[5]
Roof garden on primary building: two points.
[6]
Structured parking with green or solar roof: two points.
[7]
Silver or higher LEED-certified building: two points.
(b)
PBD bonus FAR: 0.85.
B.
In no case shall the additional floor area allowed by special permit result in development exceeding the dimensional regulations of Article IV, except for by-right maximum floor area ratio.
C.
The cost of additional building construction shall be determined
by the Planning Board in consultation with the appropriate Town departments
and the developer.
D.
If at the time of linkage payment a Town of Mansfield Capital Improvement
Fund has not been created, payment shall be made to the Town of Mansfield
to be held in an escrow account by the Select Board until such time
as said fund is created.
