A.
Land
clearing or clear-cutting of trees and excavation, gravel removal,
or filling of earth, in anticipation of any use permitted or authorized
by special permit of this chapter, or laws of the commonwealth, is
prohibited prior to the issuance of all required approvals, permits,
variances, licenses and authorizations. Limited clearing and excavation
are allowed for the purpose of obtaining necessary survey and engineering
data or other activities required to secure necessary permits.
B.
To the
extent practicable, development shall be located to preserve and enhance
the natural features on the site, to avoid disturbances of environmentally
sensitive areas, to minimize adverse impacts of development on adjoining
properties, to minimize the alteration of natural features on the
site and to preserve and enhance scenic points, preserve on-site mature
trees, and to provide for the planting of canopy trees on the site.
Increasing tree canopy reduces the flow of water, keeps the water
cleaner and decreases stormwater runoff. Managing the existing tree
cover on site is a natural way to maintain the quality of the urban
ecosystem.[1]
The City recognizes the aesthetic, ecological, and economic
values of landscaping and requires its use to promote the reestablishment
of vegetation in urban areas for aesthetic, health, and urban wildlife
reasons; establish and enhance a pleasant visual character which recognizes
aesthetics and safety issues; promote compatibility between land uses
by reducing the visual, noise, and lighting impacts of specific development
on users of the site and abutting uses; unify development and enhance
and define public and private spaces; promote the retention and use
of existing vegetation; aid in energy conservation by producing shade
from the sun and shelter from the wind; restore natural communities
through reestablishment of native plants; and mitigate for loss of
natural resource values. The landscaped buffer and parking lot landscaping
requirements in Subsections A and B are applicable in all zoning districts
unless specifically noted otherwise.
A.
Landscaped buffer area.
(1)
Buffer
width is based on the following use intensity classifications:
(a)
Class 1: This class includes, but is not limited to, cemeteries,
golf courses, passive recreation areas, nurseries, and single- and
two-family homes.
(b)
Class 2: This class includes, but is not limited to, offices under
three stories, institutions, public facilities, including playgrounds
and swimming pools, and multifamily dwellings with fewer than six
units.
(c)
Class 3: This class includes neighborhood commercial and service
activities, including but not limited to retail operations, restaurants
and banks without drive-up windows, convenience stores without gasoline
sales, offices three stories and over, and multifamily developments
in excess of six units.
(d)
Class 4: This class includes assisted living and commercial activities
with higher vehicle traffic, including but not limited to automobile
sales and/or repair, car washes, hotels and motels, light manufacturing,
research facilities, and shopping centers.
(e)
Class 5: This class includes, but is not limited to, industrial uses,
manufacturing, heavy manufacturing, truck terminals, mobile homes,
vehicle sales, heavy equipment sales, facilities involving outdoor
storage, warehousing/distribution and outdoor commercial recreation
establishments.
(f)
Class 6: This class includes, but is not limited to, any activity
abutting an open space district, junkyards, salvage operations, garbage
incineration/reduction, and adult entertainment.
(2)
Required
buffer width.
|
Buffer Width
(feet)
| ||||
|---|---|---|---|---|
|
Use Intensity
|
Front
|
Side
|
Rear
| |
|
Class 1
|
0
|
0
|
0
| |
|
Class 2
|
10
|
10
|
10
| |
|
Class 3
|
10
|
15
|
15
| |
|
Class 4
|
15
|
25
|
25
| |
|
Class 5
|
20
|
40
|
40
| |
|
Class 6
|
25
|
60
|
60
| |
(3)
The
approving authority, at the time of site plan approval, may reduce
buffer widths and required plantings by up to 50% if the site plan
indicates earthen berming, alternate landscaping, walls, fencing or
topographic features which will achieve the intent of this section
and are designed to complement adjacent properties. Earthen berms
may not exceed a slope of two to one and must have a crown of at least
two feet.
(4)
Properties
located in the Central Business District shall be exempt from the
landscape buffer requirements in this section.
(5)
Natural
tree coverage and other desirable natural foliage shall be preserved
on all lots to the maximum extent possible. Plans shall be designed
accordingly.
(6)
In
all required buffer zones, the natural foliage shall be maintained
to the maximum extent possible. Mature woodlands shall not be thinned
by more than 50%. If woodlands are located within the minimum landscaped
buffer area, preservation may substitute for the required plantings.
(7)
In
required buffer zones, where dense mature foliage does not exist,
two canopy trees, a minimum of 10 feet in height, and five understory
trees/shrubs, a minimum of two feet in height, shall be placed so
as not to screen or block the line of sight for vehicles entering
and exiting the site and shall be planted for every 500 square feet
of buffer zone. All trees must have a minimum of a three-inch caliper.
All plans and species shall be approved by the Tree Warden or his
designee. The following is a list of recommended deciduous species:
(8)
Within
30 days of approval and installation of required plantings, the applicant/petitioner
installing the required plants must submit a written certification
to the City Planner that healthy plants were installed. All planting
requirements are enforced by the Zoning Enforcement Officer.
B.
Parking lots. All parking lots consisting of 10 or more parking spaces
shall provide 200 square feet of interior landscaping for every 10
spaces. These landscaping areas shall contain a minimum of two canopy
trees, a minimum of 10 feet in height and minimum three-inch caliper,
and two understory trees/shrubs, a minimum of two feet in height.
To prevent cars from parking too close to trees or damaging shrubs,
a curb or wheelstop shall be provided for interior parking lot landscaped
islands.
C.
Agricultural uses. All structures, pens, stables, and the like housing
farm animals in any residential zone shall be set back 300 feet from
the nearest residential structure on an adjacent lot.
D.
Animal kennel/pound.
(1)
Special permits for an animal kennel/pound shall be issued in accordance with § 191-8 of the Revised Ordinances for the City of Taunton. An application for a kennel license shall include a plot plan showing the location of the kennel and the distance of the kennel from the nearest adjacent residential dwellings. The application and the plot plan shall be submitted to the City Planner and the Animal Control Officer. The City Planner shall review the application and plot plan for zoning compliance and shall issue a zoning compliance form for review by the SPGA. The Animal Control Officer shall investigate and verify the information provided on the kennel license application and plot plan and shall make his/her recommendation to the SPGA as to whether the special permit should be granted. The City Planner shall submit a zoning compliance form and the Animal Control Officer shall make his/her recommendation to the SPGA within 20 days of receipt of the application.
(2)
A special permit for a kennel shall be issued only following
a public hearing held within 65 days after filing of an application
with the SPGA. The SPGA shall make decisions and execute final actions
within 90 days of the public hearing. The applicant shall submit a
kennel license application and plot plan to the Municipal Council
and shall forthwith give a copy of the application and plot plan to
the City Clerk, City Planner, and Animal Control Officer. The applicant
shall be responsible for all costs of notice and publication.
In all districts, there shall be a front yard at each street
line and a side yard at each lot line. To assure safe view of vehicles
and of pedestrians across the corner, no shrub two feet overall diameter
or larger and no hedge or fence shall extend higher than two feet
above the main finished pavement center-line grade throughout that
part of the front yard required on such lot 50 feet along the street
frontage of each such yard from their street corner, unless:
A.
The fence
is a wire fence in which the openings are not less than four inches'
minimum dimension;
B.
The fence
is a wire fence that has openings that are not less than two inches'
minimum diameter and is set back at least five feet from the corner
property line; or
C.
Any fence
is set back at least 10 feet from the corner property line.
A.
Parking and loading requirements.
[Amended 6-14-2016]
(1)
Minimum parking requirements.
(a)
In all districts except for the Central Business District must be
provided on site.
[1]
Residential units: two spaces per unit.
[2]
Assisted living: one space per unit.
[3]
Retail: minimum three spaces, plus one space per 300 square feet
over 600 square feet gross floor area.
[4]
Office: minimum three spaces, plus one space per 500 square feet
over 1,000 square feet gross floor area.
[5]
Industrial uses: minimum three spaces, plus one space per 850 square
feet over 1,700 square feet gross floor area.
[6]
Restaurant, hotel restaurant, cafeteria, hall, club, theater, bowling
alley or other place of assembly: spaces equal in number to not less
than half the seating capacity of each such establishment.
[7]
Miscellaneous uses: minimum three spaces, plus one space per 400
square feet over 800 square feet gross floor area.
(b)
Minimum parking requirements in Central Business District.
[1]
Residential units: one space per unit.
[2]
Assisted living: one space per unit.
[3]
Retail: one space per 300 square feet over 2,500 square feet
gross floor area.
[4]
Office: one space per 300 square feet over 1,000 square feet
gross floor area.
[5]
Industrial uses: minimum three spaces, plus one space per 850
square feet over 1,700 square feet gross floor area.
[6]
Restaurants, hotel restaurant, cafeteria, hall, club, theater,
bowling alley or other place of assembly: spaces equal in number to
not less than 1/4 the seating capacity of each such establishment.
[7]
Miscellaneous uses: one space per 400 square feet over 800 square
feet gross floor area.
(3)
Special provisions.
(a)
An off-street parking area containing 162 square feet of paved
surface, exclusive of driveways, shall be provided for each motor
vehicle stored overnight or longer by an occupant of the premises.
(b)
Parking and loading areas are to be graded, subsurfaced, with
a nondusting material, drained and suitably maintained to the extent
necessary to avoid nuisance of dust, erosion, or any water flow onto
streets or adjoining properties.
(c)
A parking area shall not be designed to interfere with loading
or unloading zones, access driveways, or egress and ingress to the
site.
(d)
No loading platform or receiving door shall be located in any
front yard or on the street side of any retail store or other commercial
building except a gasoline filling station.
(e)
In the Central Business District, for buildings in existence
in their current size and bulk as of January 1, 2016, off-street parking
requirements may be satisfied if an off-street municipal parking lot
exists within 500 feet of the proposed use.
[Added 6-14-2016]
(f)
In the Business District and Central Business District parking
may be waived or reduced by the special permit or site plan review
granting authority.
(g)
In Industrial Districts the following areas may be excluded
in figuring the gross floor area: hallways, lobbies, boiler rooms
and other unoccupiable space which shall be determined by the Building
Commissioner or City Planner.
(4)
Residential uses.
(a)
In all residentially utilized properties, not more than one
motor vehicle per lot dwelling unit shall be a vehicle in commercial
use, and said vehicle shall not exceed 7,000 pounds actual vehicle
weight, exclusive of payload. Motor vehicles shall include tractors,
backhoes and other heavy equipment.
(b)
Trailers. In all residentially utilized properties, not more
than one utility trailer per lot shall be allowed. Utility trailers
shall not be parked in the front yard. This shall not include boat
trailers and camping trailers.
[Amended 4-19-2022]
(c)
These limitations shall not apply to farm or garden motor vehicles
or motorized garden equipment when parked or stored within the boundaries
of the farm, garden or home lot on which it is being used.
(d)
The minimum parking requirement must be met on site.
B.
Unregistered motor vehicle.
(1)
Residential property. The unenclosed off-street parking of not
more than one operable motor vehicle not registered under MGL c. 90
shall be a permitted accessory use on all conforming or legal nonconforming
residential property. For the purpose of this subsection, "operable
motor vehicle" shall be defined as a motor vehicle which sets on inflated
tires and has a functional engine. All unregistered motor vehicles
or disassembled parts thereof that do not meet the above criteria
are not permitted.
[Amended 6-23-2015]
(2)
Commercial and industrial lots. The off-street parking of an
operable motor vehicle or automobile parts not registered under MGL
c. 90 shall be prohibited on all conforming and legal nonconforming
commercial and industrial lots.
(a)
There are two exceptions to this provision:
[1]
Auto body repair and/or auto repair shops which require a special
permit of the Municipal Council. In this case, the number of unregistered
operable motor vehicles and/or automobile parts shall be determined
in the conditions of the special permit.
[2]
Any business or industry that requires a Class 1, Class 2 or Class
3 license as defined under MGL c. 140, § 58. In cases where
a Class 1, Class 2 or Class 3 license is being renewed or granted,
the number of operable motor vehicles and/or automobile parts shall
be determined by the conditions of the license.
(b)
The number of unregistered operable motor vehicles and automobile
parts allowed shall be related to the conditions of the site and the
impacts on abutting properties. For the purpose of this subsection,
"operable motor vehicle" shall be defined as a motor vehicle which
sets on inflated tires and has a functional engine. All unregistered
motor vehicles or disassembled parts thereof that do not meet the
definition of an operable motor vehicle shall be defined as "automobile
parts."
C.
Driveways. No street access drive for parking areas containing five
or more parking spaces or a loading area shall be within 70 feet of
any intersecting street or roadway.
A.
Definition. "Assisted living residence" means a residential development
subject to certification under MGL c. 19D which provides room and
board, provides assistance with activities of daily living for three
or more adult residents who are not related by consanguinity or affinity
to their care provider, and collects payments or third party reimbursement
from or on the behalf of residents to pay for the provision of assistance.
Assistance includes meals, professional services such as dressing
or bathing assistance, and other social services. These facilities
may have central dining facilities, lounges, meeting rooms, laundry
rooms, greenhouses, exercise rooms, libraries, and medical facilities
for diagnosis and outpatient services for residents only and such
other common areas, facilities, or accessory uses for the residents
as may be desirable.
B.
Purpose. The purpose of this section is to promote the availability
of assisted living residences in the City of Taunton, to provide services
for senior citizens, and to encourage residential settings that promote
the dignity, individuality, privacy, and decision making of such persons.
C.
Requirements.
(1)
Maximum density: 10 units per acre.
(3)
Maximum height: 40 feet and three stories.
(4)
Minimum dwelling unit size: 350 square feet.
(5)
Minimum lot size: two acres.
(6)
Minimum frontage: 125 feet.
(7)
Minimum lot width: 125 feet.
(8)
Minimum dry lot area: one acre.
(9)
See landscaping, parking and sign regulations for additional
requirements.
A.
Intent and purpose.
(1)
It is the intent and purpose of the following provisions to
protect property values, create a more attractive business climate,
enhance and protect the physical appearance of the City, provide a
more enjoyable and pleasing environment, to encourage the most appropriate
use of the land, and to minimize hazards to vehicular and pedestrian
traffic. The intent of this chapter is to permit signs that will not,
by their reason, size, location, placement, construction, and manner
of display, mislead and confuse the public in the location of goods,
services, and facilities in the City of Taunton.
(2)
The rules and regulations contained herein shall govern the
construction, alteration, repair, maintenance, and erection of all
signs within the City of Taunton. In addition, signs that fall within
the Taunton Redevelopment Authority's Official Downtown, High Street
and Court Street Revitalization Plans shall be governed by the sign
regulations of those districts, and any sign that falls within the
area under the jurisdiction of the Historic District Commission shall
be governed by the Historic District Commission regulations. For any
sign that falls under the jurisdiction of the Historic District Commission
and/or the Taunton Redevelopment Authority and the City of Taunton,
the most restrictive requirements shall prevail and be controlling
for all purposes.
B.
ACCESSORY USE
ALTERATION OF A SIGN
AREA OF SIGN
BUILDING, ATTACHED
BUILDING, DETACHED
BUSINESS
CHANNEL LETTER SIGNS
DIRECTORY SIGN
ERECT
FACADE
PRIMARY FRONTAGE
SECONDARY FRONTAGE
SHOPPING CENTER
SIGN
SIGN FACE
SIGN HEIGHT
Definitions. In construing this section, the following words shall
have the meanings herein given, unless a contrary intention clearly
appears:
The use of land, building or part of a building that is customarily
incidental and clearly subordinate to the principal use of the premises.
Any enlargement, rewording, relocation, redesign, repainting
in a different color, relettering, or restoration of at least 35%
of the cost to replace that sign with a new sign at the time of restoration.
Any alteration of a sign must conform to the requirements of this
chapter.
Includes all lettering and designs, together with background,
but shall not include any supporting or structural framework or bracing.
The area shall also include any backing of different color than the
finish material of the building face. If the sign consists of individual
letters, the area shall be considered to be that of the smallest rectangle
or other shape which encompasses all letters and symbols.
Any building which has one or more sides contiguous to another
building so that together they form a row or block of buildings.
Any building which stands alone, so as to be in no way touching
another building.
An activity of some continuity, regularity and permanency
which is a means of material being and livelihood.
Signs composed of individually mounted letters, numbers,
logos, and graphics which are illuminated internally. These signs
can be illuminated externally; provided, however, that the sign shall
be shielded so as to prevent glare from the sign onto abutting properties
or onto the public way.
A sign which combines in one panel the names of several business
establishments or activities located in a building or on a premises.
Build, construct, attach, hang, place, alter, suspend, or
affix. Repainting, repairing, maintenance, cleaning, or rearranging
the letters of a changeable letter sign, not involving structure change
or size of existing approved sign, shall not be considered erection.
Exterior surface of the building.
The frontage that a building possesses on a public way that
is considered the front of the business. Each lot shall have only
one public way designated as primary frontage.
Any frontage that a building possesses on a public way that
is not considered primary frontage.
A group of stores, shops, restaurants, and offices or similar
activities generally developed as a single unit with a common parking
area available to the customers or visitors to the various activities
present.
Any device, structure, or object for visual communication
that is used for the purpose of bringing the subject thereof to the
attention of others.
The area defined by the frame or edge of a sign; however,
where there is no geometric frame or edge of the sign, the area shall
be defined by a projected, enclosed, rectilinear shape which most
closely outlines said sign. Sign area includes the advertising surface
and any framing, trim or molding but not the supporting structure.
The vertical distance from the grade below the sign to the
uppermost module, cabinet or character.
C.
Sign classifications.
(1)
Exempted. Signs that fall within this category are permitted
and do not require a permit or registering with the Building Department.
(a)
Governmental signs. Traffic or warning signs erected or required
by governmental agencies or bodies, including signs directing traffic
to hospitals, parking areas, highways, cultural institutions, and
commercial areas.
(b)
Construction site signs. Signs on active construction sites
which denote the contractor, architect, engineer, or funding agency
not to exceed 24 square feet in area in the aggregate per site in
nonresidential districts or 12 square feet in area in the aggregate
per site in residential districts.
(c)
Flags. Governmental flags and governmental insignia, except
when displayed with a commercial message or in conjunction with a
commercial promotion.
(d)
For sale signs. "For sale" or "for rent" signs not exceeding
15 square feet in aggregate area per premises in a nonresidential
district or six square feet in aggregate area per premises in a residential
district and which advertise for sale or rent only the premises upon
which the sign is located. Such signs shall be removed promptly when
the advertised sale or rental is concluded.
(e)
Home occupations. One accessory sign per premises not to exceed
two square feet in area advertising a permitted home occupation.
(f)
Holiday lights. Holiday lights and decorations which do not
include a commercial message and which are displayed for a limited
period of time no longer than 60 continuous days and no longer than
100 days per year at any premises at which any commercial, residential,
or industrial use occurs.
(g)
Informational signs. Signs for the purpose of giving directions
to a religious institution, school, museum, community recreational
facility, or library. These signs are not to exceed two square feet
in area.
(h)
Legal notices. Legal notices and identifications not exceeding
two square feet in area, including "no trespassing" and "no hunting"
signs.
(i)
Noncommercial signs. Signs having no commercial message and
which bear only house numbers, post box numbers, names of residents,
or identification of premises and not exceeding two square feet in
area per premises.
(j)
Political signs. A sign which advertises a candidate or candidates
for public elective office or a political party or promotes a position
on a public or ballot issue.
(k)
Signs exempted by law. Signs described in MGL c. 93, § 32.
(l)
Vendor signs. Permanent signs on vending machines, gas pumps,
ice containers or similar devices indicating only the contents of
such devices.
(2)
Prohibited. Signs that are not specifically defined in Subsection C(1), (3) or (4) and those defined in this subsection are not permitted.
(a)
Roof signs. Any sign that is erected on or which rises above
the facade, or vertical wall, of the building on which it is mounted.
(b)
Moving sign. A sign that has any part which moves or is designed
to move.
(c)
Vehicle sign. A sign that is mounted on a vehicle and parked
on the site for advertisement purposes and not registered and utilized
on a regular basis.
(3)
Temporary. A temporary sign is any sign, banner, pennant, or
advertising display intended to be displayed for a limited time period.
There shall be a limit of one temporary sign per business with a maximum
square footage of 24 square feet. No temporary sign shall be placed
in a manner that blocks visibility of motorists at intersections and
driveways, and no temporary sign shall be placed in a manner that
impedes handicap accessibility. All temporary signs shall be secured
to prevent movement by the wind.
(a)
Banners; pennants. Signs made of cloth, fabric, paper, nonrigid
plastic, or similar types of material and symbolic flags of an institution
or a business.
(b)
Portable signs. Portable signs are signs capable of being readily
moved or relocated, including signs supported by legs which are not
permanently attached, affixed, or secured to the ground or to a building
or signs on wheels.
(4)
Permitted permanent signs. The following types of signs fall within this category and require a permit. See Subsections D through I for the applicable requirements.
(a)
Freestanding sign. A sign that is attached to the ground and
supported by uprights placed on or in the ground.
(b)
Facade sign. Any sign affixed to a building. A facade sign shall
be parallel with a wall of the building and shall not project beyond
the face of any other wall of the building or above the top of the
wall to which it is attached. Projection out from the face shall not
exceed eight inches.
(c)
Awning sign. Any structure attached to a building and projecting
over a way, so erected as to permit its being retracted to a position
flat against the building when not in use. A nonretractable awning
shall be considered to be a marquee when it does not protrude more
than three feet from the facade.
(d)
Window sign. Any sign designed to be visible from the outside
through a window or a doorway of any building or structure. A permanent
window sign shall be any window sign that is not easily removed.
D.
Application process.
(1)
Anyone constructing, altering, repairing, or maintaining a sign
in the City of Taunton shall contact the City Planner or the Building
Inspector for directions on how to proceed with obtaining a sign permit.
(2)
No sign shall be erected, altered, or enlarged until an application
for a new or repaired sign is submitted in accordance with the regulations
set forth in this chapter and approved by the City Planner and the
Building Inspector. Applications are furnished in the Building Department.
The application for a sign permit shall contain such information required
by this chapter. Such permit shall be issued only if the Building
Inspector determines that the sign complies or will comply with all
applicable provisions of both this section and the State Building
Code.[1]
E.
General guidelines and restrictions.
(1)
Nonconforming signs. Signs legally existing at the time this
chapter was adopted may continue as nonconforming uses, subject to
the provision that any legal preexisting nonconforming sign that is
altered, changed, rebuilt, or extended shall conform to the requirements
of this chapter. Legally existing signs are signs that have obtained
a valid sign permit and have adhered to the requirements of said permit
at the time this chapter was adopted. The exemption herein granted
is terminated with respect to any sign which:
(2)
Illuminated signs. Signs may be illuminated. If a lighting source
is provided, interior or exterior, the source of light shall be shielded
so as to prevent direct glare from the light source onto any public
street or onto any adjacent property. No sign that flashes, shimmers,
or scrolls is allowed. Illuminated changeable face signs, including
LED message centers, shall display static images and text only. No
animation, movement or the appearance of movement of any text or graphics
(including but not limited to all displayed images, pictures and backgrounds)
shall be permissible. Text shall not flash, scroll or otherwise move
or appear to move. Messages/images can refresh no sooner than every
20 seconds. All signs (including LED message centers) shall be turned
off at closing.
(3)
Securing signs. All signs must be painted, posted, or otherwise
securely affixed to a substantial intermediary removable surface and
such surface shall be securely affixed to a wall of the building.
(4)
Sign aesthetics. Color, architectural features on the building
or on abutting buildings and style of a sign shall be compatible with
the surrounding area and other approved, conforming signs.
(5)
Window signs. Permanent window signs shall not cover more than
30% of the total storefront window.
(6)
Special permits. Uses allowed by special permits in districts
shall comply with approved special permit conditions for signage.
(7)
Directional signs. Entrance, exit, and directional parking signs
are allowed.
(8)
Sign area. The area of a sign shall be considered to include
all lettering, wording, and accompanying designs and symbols, together
with the background on which they are displayed, any frame around
the sign and any "cutouts" or extensions, but shall not include the
supporting structure or bracing. The area of sign consisting of individual
letters or symbols attached to or painted on a surface, building,
wall or window shall be considered to be that of the smallest rectangle
which encompasses all of the letters and symbols. Only one side shall
be counted in computing the area of a double-faced sign.
(9)
Multiple frontage lots. Lots that possess frontage on more than
one public way are multiple frontage lots. These lots must designate
the frontage on one public way as primary frontage and the remaining
frontages on other public ways as secondary frontage for the purposes
of determining the maximum allowable square footage for the lot. This
includes corner lots.
F.
Freestanding signs.
(1)
Setback and height requirements.
(a)
Freestanding signs shall be located a minimum of 10 feet from
proposed and existing driveways, public ways and rights-of-way or
the freestanding sign shall meet one of the following height restrictions:
(2)
Number allowed. One freestanding sign is allowed per lot.
(3)
Changeable sign face. Freestanding signs may utilize 50% of
the allowed square footage for the sign as a changeable sign face.
(4)
Freestanding sign size. The size of the sign is based on one
square foot of sign per one linear foot of primary frontage that the
building has on a public way and 1/2 square foot of sign for every
linear foot of secondary frontage that the building has on a public
way up to a maximum allowable square footage of 200 square feet. The
total square footage of the sign cannot be greater than the total
linear feet of primary and secondary frontage of the building on the
public ways. See multiple frontage lot provisions for lots fronting
on two or more public ways.
(5)
Multiple tenant lots (i.e., shopping centers, strip malls, etc.).
There shall be one freestanding sign per lot. The size of a multiple
tenant lot freestanding sign shall be based on the size requirements
for freestanding signs outlined above. Each business's portion of
display area on the freestanding sign shall be equal to the portion
of the total frontage that each storefront contributes to the maximum
allowable square footage for the lot. See multiple frontage lot provisions
for lots fronting on two or more public ways.
G.
Facade signs.
(1)
Number of signs. The number of signs shall not be limited, provided
that the total square footage of all signs placed on the facade does
not exceed the maximum allowable square footage detailed below.
(2)
Allowable square footage. The total allowable square footage
of signs is based on one square foot of sign per one linear foot of
primary frontage that the building has on a public way and 1/2 square
foot of sign for every linear foot of secondary frontage that the
building has on a public way. The total square footage of all of the
signs cannot be greater than the total linear feet of primary and
secondary frontage of the building on the public ways. See multiple
frontage lot provisions for lots fronting on two or more public ways.
(3)
Multiple tenant lots (i.e., shopping centers, strip malls, etc.).
The maximum allowable square footage for all signs on multiple tenant
lots shall be based on the size requirements for facade signs outlined
above. The maximum allowable square footage of signs for each business
shall be equal to the portion of the total frontage that each storefront
has facing on a public way.[3]
(4)
Area bonus.
(a)
In instances where the maximum allowable square footage for
a business does not exceed 15 square feet, the business is eligible
to apply for an area bonus which is subject to the approval of both
the City Planner and the Building Commissioner. In granting an area
bonus, two findings must be made by the City Planner and Building
Commissioner:
(b)
The maximum allowable square footage for the lot can be increased
by an amount up to but not to exceed 15 square feet.
H.
Enforcement. The Building Inspector/Zoning Enforcement Officer and/or
the City Planner has the authority to overrule color, aesthetics,
size, placement, and any other stipulation when granting a sign permit.
I.
Projecting signs. Notwithstanding the prohibition on a facade sign projecting more than eight inches from a wall face in Subsection C(4)(b), a projecting sign shall be permitted on a lot instead of a freestanding sign on a lot in cases where a freestanding sign cannot be erected on a site due to insufficient area to place a freestanding sign. In any case where the provisions of this subsection are utilized and a projecting sign is installed on a lot, a freestanding sign on the same lot (Subsection F) shall be prohibited. In addition to the above, a projecting sign must meet the following criteria:
(1)
One projecting sign shall be allowable per lot.
(2)
The sign shall be oval or rectangular in shape.
(3)
The sign shall be flat and shall not be internally illuminated
and neon shall be prohibited.
(4)
The projecting sign shall not flash or move.
(5)
The maximum size of the projecting sign shall not exceed 12
square feet.
(6)
The bottom of the projecting sign must maintain at least a ten-foot
vertical clearance from the grade level immediately under the sign.
(7)
The projecting sign must be mounted at a ninety-degree angle
from the face of the building.
(8)
The projecting sign must be pinned at least six inches away
from the wall face.
(9)
The projecting sign shall not project beyond a vertical plane
set two feet inside the curbline or edge of pavement when no defined
curb exists.
(10)
The projecting sign cannot project over an abutting property
(does not include public way).
In all zoning districts, for safety reasons, any private outdoor
lighting fixtures, whether temporary or permanent, located within
100 feet from an adjacent street side line shall be so placed or hooded
that the outdoor lighting source itself is not directly visible at
any point beyond the lot lines of the premises illuminated. This section
shall not apply to an incandescent light bulb of less than 200 wattage,
if the same is frosted or otherwise treated so as to be translucent
and not transparent, nor shall it apply to a gaseous tube light.
Both in-ground and aboveground swimming pools are permitted,
but those pools containing 500 or more gallons must be a minimum of
10 feet from any side or rear lot line.
[Amended 6-6-2016; 4-5-2022]
In Urban Residential, any dwelling structure on not less than
10,000 square feet lot area, and in the Office, Business and Highway
Business Districts, any dwelling structure on not less than 15,000
square feet lot area, and in the Industrial District any dwelling
structure on not less than one acre (43,560 square feet) in area,
may as of right be converted to accommodate not more than three families,
provided that the application for a building permit for such conversion
shall show that there will be not more than three dwelling units and
that:
A.
Each dwelling unit resulting from such conversion will have not less than 500 square feet habitable floor space, exclusive of stairways. Further, the conversion shall be subject to the requirements of Article II of the State Sanitary Code before any certificate of occupancy is granted.
B.
Stairways leading to any floor above the first floor will be enclosed
within the exterior walls of the dwelling, and any other stairways
or fire escape required shall not be in any way facing a street.
C.
The minimum off-street parking requirements shall be two parking
spaces per dwelling unit, and no parking shall be allowed in the required
front yards. All parking should be restricted to the rear yard and
the side yard where the driveway is located. No more than 60% of this
side yard and the rear yard shall be used for parking and access.
Further, no rear yard parking area shall be less than five feet from
an adjoining property line, and said five-foot area shall be planted
with evergreen materials comprising at least a ninety-percent screen
to a height of not less than 4.5 feet, given natural conditions prevalent
on a particular site. The applicant may substitute a six-foot wooden
fence in lieu of the planted buffer area.
D.
No conversion of a residential structure or an addition to a residential
structure for additional units shall be allowed for five years from
the receipt of a building permit to construct the addition or new
residential structure.
[Amended 7-30-2019]
Accessory dwellings shall be permitted as specified in § 440-502 except that any accessory dwelling that does not meet all of the requirements of this section shall also require a special permit from the Planning Board after receiving the necessary Zoning Board of Appeals relief and shall be located on a conforming lot within the zoning district the lot is located and shall only be permitted on lots with one single-family dwelling located on the lot. Accessory dwellings are also required to meet all the requirements of this section.
A.
The owner of the premises must reside in the primary dwelling unit.
Ownership shall constitute a fiifty-percent or more ownership interest
in the property.
B.
At least one person that resides in the accessory dwelling unit shall
bear one of the following relationships to the owner or spouse or
deceased spouse of the owner: mother, father, child, grandparent,
brother, sister, aunt or uncle or in-law.
C.
One of the means of egress shall connect the accessory dwelling unit
to the principal unit.
D.
The accessory dwelling unit shall not exceed 850 square feet in size
and shall occupy no more than 30% of the habitable floor area of the
building.
E.
A minimum of four parking spaces shall be provided for the resulting
two units and shall not be allowed within the designated front yard.
F.
For accessory dwelling units that require a special permit, no accessory
dwelling units shall be allowed for five years from the receipt of
a building permit to construct the addition or new residential structure
on the lot. This shall not preclude the issuance of a building permit
to construct the accessory dwelling unit after receiving the necessary
approval, only that five years must elapse since the last permit was
issued for an addition or new construction on the lot.
G.
Expiration. In cases that a special permit is required, the special
permit shall expire five years from the date on which the special
permit was granted.
H.
Termination. If the Zoning Enforcement Officer has cause to believe
that the conditions of the special permit have been violated, he shall
schedule a hearing by the Board of Appeals for a determination whether
such a violation has occurred and shall give notice of time, place,
and reason for the hearing to the owner of the property by certified
mail. At the hearing, the Zoning Enforcement Officer shall specify
the basis of his/her belief that one of the conditions has been violated,
including information provided by third persons, who may speak at
the hearing. If the Board of Appeals is convinced that a violation
has occurred, it shall formally revoke the special permit which shall
thereupon terminate.
I.
There shall be no more than one electric service, water service and
sewer service per lot on a lot containing an accessory dwelling unit.
An accessory structure is a structure that is accessory to and
clearly subordinate to the primary structure and use of the lot. An
accessory structure shall not exceed 120 square feet in size. The
ratio of the length to the width of the structure shall not exceed
three to one. The setbacks for an accessory structure shall be 1/2
the setback requirements for the zoning district within which the
lot is located. The fee for an accessory structure application shall
be $25.
A.
Purpose. The purpose of this section is to allow the City to permit
commercial/retail uses and mixed-use (commercial/residential) developments
in Office Districts, Business Districts, Highway Business Districts
and Industrial Districts to aggregate lots for purposes of satisfying
requirements under this chapter. This section recognizes that integrated
commercial/retail developments and mixed-use developments, such as
shopping centers, function as a unified whole irrespective of separate
ownership of the individual parcels comprising the development. With
respect to these developments, this section is intended to permit
multiple ownerships in developments and attendant flexibility in the
layout of structures, parking, drives, and other facilities, and compliance
with all other requirements of this chapter.
B.
DEVELOPER
DEVELOPMENT
ELIGIBLE PARCEL
LOT
Definitions. Specific definitions for certain terms used in this section are set forth below. To the extent these definitions and their operative provisions are inconsistent with the definitions contained in § 440-201 or elsewhere in this chapter, the provisions of this subsection shall govern. As used in this section, the following terms shall have the following meanings:
The developer(s) of a commercial or mixed-use development,
including, without limitation, the party which obtained and/or is
obtaining governmental approvals and permits for a commercial or mixed-use
development, or a party owning more than 50% of the land comprising
a commercial or mixed-use development.
A shopping center or any other integrated commercial/retail
development or commercial/residential development (including attendant
structures, parking, drives, and other facilities) which, notwithstanding
disparate fee title ownership, functions as a unified whole and which
contains a group of stores, shops, restaurants, offices, recreation
centers, theaters, other uses permitted as of right, or by special
permit or variance, in Office Districts, Business Districts, Highway
Business Districts or Industrial Districts, and/or any other uses
found in a shopping center and which contains 10 acres or more in
the aggregate, including a minimum dry lot area of 7.5 acres.[1]
A lot validly created and existing pursuant to the Subdivision
Control Law, MGL c. 41, §§ 81K through 81GG, as the
same shall be amended from time to time, provided that such lot shall
have a minimum lot frontage of 25 feet, and provided further that
if a portion of the boundary of such lot runs through a building,
such portion of such boundary must run substantially along the footprint(s)
of such interior building wall(s). The recording in the appropriate
Registry of Deeds of a plan approved or endorsed in accordance with
the Subdivision Control Law showing such lot shall constitute conclusive
evidence of satisfaction of these requirements and the designation
of such lot or lots as an eligible parcel or eligible parcels, respectively,
without regard for whether such recording took place prior or subsequent
to the date of this zoning amendment.
C.
Election to aggregate lots. A developer of a development in an Office
District, Business District, Highway Business District or Industrial
District may, at any time after site plan approval, elect to designate
one or more eligible parcels comprising the land of such development
as a single, aggregate lot (irrespective of disparate present or future
ownerships of such eligible parcels). If such an election is made,
separate eligible parcels of land within a development that would
otherwise be treated as separate lots under this chapter shall be
treated in the aggregate as a single lot for purposes of satisfying
all requirements under this chapter, and a series of buildings, either
attached or arranged so as to appear attached, located on such eligible
parcels that would otherwise be treated as separate buildings under
this chapter shall be treated in the aggregate as a single building
for purposes of satisfying all requirements under this chapter. If,
as a result of such election, the development as a whole complies
with this chapter, then, notwithstanding any contrary provision of
this chapter (including those relative to overlay districts), each
use, structure, driveway, parking facility, and other facility located
on, or functioning as a part of, such commercial development shall
be deemed individually to be in compliance with this chapter.
A.
Adult entertainment uses shall be deemed to include adult bookstores, adult motion-picture theaters, adult paraphernalia stores, adult video stores, and adult live entertainment (see § 440-201 for definitions).
B.
An adult entertainment use shall require a special permit from the Municipal Council in Industrial Districts. Adult entertainment uses shall follow and comply with all of the requirements and procedures of Article III of this chapter and MGL c. 40A, § 9A, in filing an application for a special permit. In addition, special permits for adult entertainment uses shall not be granted to any person convicted of violating the provisions of MGL c. 119, § 63, nor MGL c. 272, § 28. Any manager, legal owner, every individual having a fee, equity, or security interest in the adult entertainment use and every member of any corporation, partnership, or trust that has a beneficial interest in the entity must be listed as part of the application and is subject to the above prohibition.
C.
Adult entertainment uses shall be permitted when located in an Industrial
District and the adult entertainment use is located 750 feet from:
[Added 4-5-2022]
A.
The purpose of retreat lots shall be to assist in allowing for the
safe and reasonable use of backland. An ANR plan creating a buildable
retreat lot may be endorsed by the Planning Board in cases that said
plan is in conformance with this section.
B.
The ANR plan may not be granted unless the following conditions have
been met:
(1)
The required buildable area shall be located entirely within
a residential zoning district.
(2)
Said lot shall have a minimum street frontage of 35 feet and
a lot width of no less than 30 feet at all points.
(3)
The minimum lot area of said lot shall be at least 2.5 times
the minimum required lot area in the applicable residential zoning
district.
(4)
The minimum contiguous dry lot area of said lot shall be at
least 2.5 times the minimum required contiguous dry lot area in the
applicable residential zoning district.
(5)
Frontage of said lot shall be entirely on a public street.
(6)
No more than one single-family dwelling shall be located on
a retreat lot, and said dwelling shall set back a minimum of 150 feet
from the street.
(7)
The maximum length of a driveway shall be 300 feet unless an
emergency turnaround for a fire truck is provided.
(9)
Retreat lot access shall serve as access to the retreat lot
only and no other lot.
(10)
The driveway shall not be located within five feet of the sidelines.
(11)
Minimum driveway width shall be 15 feet.
(12)
All other applicable dimensional zoning standards in the Zoning
Ordinance, including but not limited to setbacks, shall apply, with
the exception of standards enumerated in this section.
(13)
The retreat lot shall not be further subdivided. A deed restriction
preventing further subdivision (enforceable by the City of Taunton)
shall also be recorded with the plan. The following note shall be
placed on the plan: "The retreat lot shown on this plan shall not
be further subdivided." A recorded copy of said deed restriction,
recorded plan and special permit decision shall be provided prior
to any building permits.
