[Amended 6-6-1994 ATM, Art. 80; 5-20-1996 ATM, Art. 44; 5-19-1997 ATM, Art.
64; 5-13-2002 ATM, Arts. 24, 36 and 43; 5-12-2003 ATM, Arts. 8 and 50; 5-2-2011 ATM, Art. 45; 5-4-2015 ATM, Art. 53]
The following table sets forth building controls
and regulations for each zoning district. The subsections which follow
the table establish specific regulations for yards, building height,
landscaping and land alteration.
|
|
|
|
|
Minimum Yard Dimensions
(feet)
|
---|
District
|
Mini-
mum Lot Area
(square feet)
|
Maxi-
mum No. of Dwell-
ing Units per 32,670 Square Feet
|
Maxi-
mum Building Average % of Lot
|
Maxi-
mum Height
(stories/
feet)
|
Front
|
Rear
|
Side
|
---|
R-1
|
32,670
|
1
|
25
|
2.5/30***
|
25
|
50
|
15
|
R-2
|
32,670
|
1
|
30
|
2.5/30***
|
25
|
50
|
15
|
R-3
|
32,670
|
2
|
35
|
3.0/36
|
25
|
50
|
15
|
R-4
|
32,670
|
4
|
40
|
3.0/36
|
25
|
50
|
15
|
RSH-1
|
32,670
|
4
|
40
|
3.0/36
|
25
|
50
|
15
|
B-1
|
—
|
8
|
80
|
3.0/36
|
—
|
*
|
*
|
B-2
|
—
|
8
|
80
|
3.0/36
|
20
|
30
|
30
|
I-1
|
—
|
—
|
50
|
3.0/36
|
50
|
30**
|
30**
|
I-2
|
—
|
—
|
50
|
3.0/36
|
50
|
30**
|
30**
|
I-3
|
—
|
—
|
50
|
3.0/36
|
50
|
30**
|
30**
|
I-4
|
—
|
—
|
50
|
3.0/36
|
25
|
30**
|
30**
|
H-1
|
—
|
—
|
50
|
3.0/36
|
50
|
30**
|
30**
|
NOTES:
|
---|
*
|
The minimum yard dimension abutting
any residential district shall be 30 feet.
|
**
|
50 feet if the abutting land is within
any residential district.
|
***
|
The maximum height (stories/feet) may be increased to 3.0/36
on lots with an area of 32,670 square feet or greater and that the
structure meets all the current setbacks.
|
A. Parking/access and egress requirements.
(1) All parking spaces as required by this bylaw shall
be a minimum of 10 feet in width by 20 feet in length for full size
vehicles; and nine feet in width by 18 feet in length for compact
vehicles. The ratio shall be 30% compact vehicles to 70% full size
vehicles spaces. All parking spaces shall have a back-up area no less
than 23 feet. All parking spaces designated to be used for the handicapped
shall be designed to meet the regulations set forth by the Americans
with Disabilities Act (ADA) and Architectural Access Board (AAB).
[Amended 5-1-2017 ATM,
Art. 47]
(2) All parking areas, loading areas and areas used for
access, egress or on-site circulation shall meet the following landscape
requirements.
(a)
In all Residential Zones, all parking areas,
loading areas and areas used for access, egress or onsite circulation
shall be set back a minimum of 10 feet from any property line and
the ten-foot set back shall be properly landscaped and maintained.
(b)
In the Business 1 District, all parking areas,
loading areas and areas used for access, egress or onsite circulation
shall be set back a minimum of 10 feet from any property line and
the ten-foot set back shall be properly landscaped and maintained.
The parking requirement for the Business 1 District maybe met in whole
or in part by off-site parking upon the issuance of a Special Permit
by the Zoning Board of Appeals.
(c)
In the Business 2 District all parking areas,
loading areas and areas used for access, egress or onsite circulation
shall be set back a minimum of the 10 feet from any property line
and the ten-foot set back shall be properly landscaped and maintained.
Further, the front property line shall have a twenty-foot landscaped
buffer zone along the entire width of the front lot line with the
exception only of sidewalks and driveways.
(d)
In all Industrial Districts, which do not abut
any Residential District, all parking areas, loading areas and areas
used for access, egress or onsite circulation shall be set back a
minimum of 10 feet from any property line and the ten-foot setback
back shall be properly landscaped and maintained.
(e)
In all Industrial Districts which abut any Residential
District all parking areas, loading areas and areas used for access,
egress or onsite circulation shall be set back a minimum of 30 feet
from any property line and the thirty-foot set back shall remain unaltered
and in a state of natural vegetation.
B. Yard regulations.
(1) Obstruction to sky. Every part of a required yard
must be open to the sky, unobstructed except for accessory buildings
in the rear or side yards, and except for the normal projection of
porches, balconies, steps, sills and cornices.
(2) Side yard of corner lot. Any corner lot shall have
a side yard equal in width to the minimum front yard requirement of
any adjoining lot fronting on the side street. The minimum side yard
setback shall be 15 feet.
[Amended 5-4-2009 ATM, Art. 21]
(3) Transition yard requirements.
(a)
Front yard. Where a residence district abuts
a non-residence district, there shall be provided in the non-residence
district for a distance of 50 feet from the district boundary line,
a front yard at least equal in depth to that required in the residence
district.
(b)
Side or rear yard. Where the side or rear yard
in a residence district abuts a side or rear yard in a non-residence
district, there shall be provided along such abutting lines, a side
or rear yard at least equal in depth to that required in the residence
district. In no case, however, shall the abutting side or rear yard
be less than 20 feet.
(4) Accessory structures.
(a)
An accessory building may not occupy more than
30% of a required yard.
(b)
A detached accessory structure less than 24
feet in height and under 400 square feet may only be erected in the
side or rear yard no closer than five feet from a side or rear lot
line and in conformance with the front yard requirement of the district
in which it is located. A detached accessory structure equal to or
greater than 24 feet in height or equal to or greater than 400 square
feet may only be erected in the side or rear yard no closer than 15
feet from a side or rear lot line and in conformance with the front
yard requirement of the district in which it is located. In no event
shall any detached accessory structure be located in the front yard
area of a lot between the front boundary line of the property at the
street and the principal building in an area equal to the width of
the principal building facing the street which serves as its primary
access to the property.
[Amended 5-2-2011 ATM, Art. 38; 5-6-2019 ATM by Art. 15]
(c)
No accessory structure located in a side yard
shall be located closer to the street than the front yard setback
required for the principal structure in the zoning district.
(d)
For corner lots, the setback from the side street
shall be the same for accessory buildings as for principal buildings.
(e)
When an accessory structure is attached to the
principal building, it shall comply in all respects with the yard
requirements of this bylaw applicable to the principal building.
(f)
No accessory structure shall exceed 24 feet
in height unless the accessory structure is located at least 15 feet
from any point on any dwelling including attached structure to the
dwelling on any abutting lot and in no event shall the accessory structure
be located within 15 feet of any side or rear lot line.
[Amended 5-2-2011 ATM, Art. 39; 5-4-2015 ATM, Art. 53]
C. Height regulations.
(1) No building or structure shall have a greater number
of stories, nor have an aggregate height in feet higher than is permitted
in the district in which it is located, except as noted below.
(2) Chimneys, steeples, water towers, and television antennae
may be erected to their height, but no tower, other than a church
steeple or tower of a public building, shall exceed the height regulations
by more than 40%. Other towers shall require a special permit to be
issued by the Board of Appeals.
(3) No tower shall be used as a place of habitation.
(4) No sign of any kind shall be inscribed upon or attached
to any chimney, tower, tank, or other structure which extends above
the height limitations.
D. Landscaping regulations.
(1) Unenclosed non-residential uses. Any non-residential
unenclosed use and/or storage area, as may be permitted according
to this bylaw, shall be fenced, screened or sufficiently landscaped
to obscure such uses or storage areas from abutting properties or
rights-of-way. Such uses shall include but not necessarily be limited
to building supply stores, automobile sales and service establishments,
industrial uses and other comparable uses.
(2) Maintenance requirements. Any fencing or landscaping
installed in accordance with this bylaw shall be maintained in good
order to achieve the objectives of this section. Failure to maintain
fencing or replace dead or diseased landscaping shall be considered
a violation of this bylaw.
E. Land alteration regulations.
(1) No gravel, loam, sand, clay, soil or quarried stone
shall be removed from land in any zone, excluding residential zones,
in the Town without a permit from the Zoning Board of Appeals after
a public hearing, an approved site plan from the Planning Board consistent
with its rules and regulations relating to earth removal, and under
such conditions as the Board of Appeals may see fit to impose and
make a part of the permit. No permit may be granted under this section
unless the applicant has submitted to the Secretary of the Board,
at least seven days prior to the date of the hearing, a topographical
plan of the premises in question, prepared by a registered land surveyor
or registered professional engineer, showing specifically the boundaries
and dimensions of the premises, the location and dimensions of the
area from which the proposed removal of material is to take place,
and the names and boundaries of all abutters. The plan shall show
present and proposed grades and elevations with topography in two-foot
contours and grades in profile. Topographical detail shall show physical
character of the premises including natural drainage and the direction
of water flow, as well as existing structures, stone walls, cellar
holes, foundations and any other indications of prior human use of
the property.
[Amended 5-4-2010 ATM, Art. 42]
(2) The Zoning Enforcement Officer, without reference
to the Board of Appeals, may issue permits for removal from the site,
of gravel, loam, sand, clay, soil, or quarried stone for the following
purposes only:
(a)
Where necessary as an incidental part of farm,
garden, or nursery activity.
(b)
When incidental to landscaping or similar activities
in direct connection with constructed buildings, and limited to the
lot upon which the buildings stand.
(c)
When such material is not necessary in connection
with the construction of a building being built under a permit issued
by the Building Inspector, the amount to be removed to be limited
to the volume of the foundation and basement of the building.
(d)
When such material is not needed in connection
with the construction of a private road or drive.
(e)
The Zoning Enforcement Officer shall issue no
permit for the removal of such material, except upon condition that
not less than four inches of loam or topsoil shall be replaced or
allowed to remain in place, except where, due to the construction
of roads, buildings, or permanent physical features, such condition
is unnecessary.
(3) Land
clearing: Properties located in business, commercial or industrial
districts or use shall not cut, clear, or stump 15 or more trees that
are five inches or larger in diameter at the base of the tree, in
a one-year period, unless there has been a recently approved plan
for a construction project on the site or in the ordinary course of
prevention of storm damage to existing buildings or clearing storm
damage. An approved project shall mean an approval of a plan from
the Rockland Conservation Commission, Planning Board, Zoning Board
of Appeals or the issuance of a building permit by the Town Building
Inspector.
[Added 5-4-2010 ATM, Art. 38]
F. Multi-family developments. Multi-Family Developments shall be subject to the Site Plan Review Requirements of Article
VIII of this bylaw.
(1) Minimum area. A Multi-Family Development shall include
no less than five acres of contiguous land.
(2) Open space. A minimum of 20% of site area shall be
developed as public open space. Parking areas and vehicle access facilities
shall not be considered in calculating open space.
(3) Building relationships. The arrangement of buildings and distance required between buildings shall be as set forth in Article
VII of this bylaw.
(4) Off-street parking. Off-street parking facilities shall be as set forth in §
415-35 of this bylaw.
(5) Conversions of buildings from current use to the use
of dwellings.
(a)
The conversion of a single-family dwelling existing
at the time of this bylaw into a three family dwelling may be allowed
by the Zoning Board of Appeals under the Special Permit process provided
that the conversion outcome will be properly zoned, the exterior design
of the structure will not be changed from the character of a single-family
dwelling, nor shall the floor area provided for the resulting conversion
units be less than 650 square feet for each unit, and adequate off
street parking will be provided. The new dwelling units will adhere
to and meet or exceed all current building, safety, health, fire codes
and any other applicable codes, bylaws, regulations and ordinances.
[Amended 5-4-2015 ATM,
Art. 47]
(b)
The conversion of a two, three, or multi-family
dwelling existing at the time of this bylaw into a three-family dwelling
or multi-family dwelling beyond its current dwelling status may be
allowed by the Zoning Board of Appeals under the Special Permit process
provided that the proposed conversion will be properly zoned, and
the exterior design of the structure will not be changed from the
buildings original character, nor shall the floor area provided for
the resulting conversion unit or units be less than 650 square feet
for each unit, adequate off street parking will be provided. The dwelling
unit/units will adhere to and meet or exceed all current building,
safety, health, fire, and any other applicable codes, bylaws, regulations
and ordinances.
(c)
Conversions of non-dwellings into dwellings.
The conversion of a non-dwelling, which is any building which has
principal use as that other than a dwelling, into a dwelling shall
adhere to all the conversion requirements of a single-family dwelling
provided that the non-dwelling is an accessory use of a residence
zoned building.
(d)
The conversions of schools, retail/wholesale
establishments, and other industrial, or commercial buildings into
dwelling will be allowed by the Zoning Board of Appeals under the
Special Permit process provided that:
[1]
The conversion will be properly zoned;
[2]
Exterior design shall be in harmony with neighborhood
and general character of the Town;
[3]
Landscaping will be included in the conversion
to enhance conversion;
[4]
Dwelling units floor area will not be less than
650 square feet.
(e)
The conversion of a single family dwelling to a two family dwelling
may be approved as of right provided the applicant provides the Building
Inspector a site plan prepared by a registered land surveyor and/or
a professional engineer registered or licensed by the Commonwealth
of Massachusetts showing the location of all existing and proposed
buildings, structures and improvements on the subject property and
their distances to all property boundary lines, all existing and proposed
parking areas, a zoning chart demonstrating zoning compliance including,
without limitation, all parking requirements and yard setbacks to
all property boundaries, that the floor area provided for in the resulting
conversion unit not be less than 650 square feet and the new dwelling
unit will adhere to and meet or exceed all current building, safety,
health, and fire codes and any other applicable codes, bylaws, regulations
and ordinances.
[Added 5-4-2015 ATM,
Art. 47]
G. Traffic impact review.
(1) The following uses shall require the submission of
a traffic impact report to the Planning Board:
(a)
The proposed construction of 25 or more residential
units,
(b)
The proposed construction of 140,000 square
feet or more of new construction,
(c)
Any use other than municipal requiring parking
for 50 or more cars,
(d)
Any driveway or access road likely to generate
500 or more vehicle trips per day.
(2) The report shall be prepared by a traffic engineer
designated by the Planning Board, and shall be paid for by the applicant.
(3) The developer shall complete all off site and on site
traffic mitigation measures suggested by the traffic engineer's report
prior to the completion of 50% of the proposed project.
H. Consultant
review requirement. The Town of Rockland may charge any applicant
or proponent of any project which requires any permit or approval
from a local board, official, or agency of the Town of Rockland, and
which involves the construction, replacement, reconstruction, conversion,
expansion or demolition of structures or facilities, a peer review
fee for compliance with federal, state or local laws or regulations
or consistency with good engineering practice. The procedure shall
be governed by MGL c. 44, § 53G. The sum to be assessed shall
be determined by the applicable reviewing authority and shall be generally
equal to the amount deemed by the Town to be desirable or necessary
to engage consultants, including but not limited to attorneys, engineers,
or other consultants to review applications, plans or other documents,
whether technical or not, to ensure compliance with any laws or regulations.
The applicant shall provide the Town or boards with sufficient information
to fully evaluate the project for the purpose of making a determination
as to approval, modification or disapproval of the matter.
[Added 5-4-2010 ATM, Art. 41]
[Amended 5-5-2008 ATM, Art. 42]
Supplementary lot regulations are set forth in §§
415-24 through
415-34.
A. Continuation. The lawful use of any structure or land
existing at the time of the enactment or subsequent amendment of the
bylaw may be continued although such structure or use did not conform
with the provisions of the bylaw as adopted or amended.
B. Alteration. Preexisting nonconforming structures or
uses may be extended or altered provided that no such extension or
alteration shall be permitted unless there is a finding by the Zoning
Board of Appeals that the extension or alteration is not substantially
more detrimental to the neighborhood than the existing nonconforming
structure or use.
[Added 6-6-1994 ATM, Art. 25]
C. Certain alterations excepted. Excepting for properties
in business, commercial or industrial use, no finding by the Zoning
Board of Appeals shall be required for extensions or alterations of
legally existing nonconforming structures located on preexisting nonconforming
lots if the extension or alteration meets current setback, lot coverage,
building height, off-street parking and yard requirements of the Rockland
General Code Zoning Bylaws.
[Added 6-6-1994 ATM, Art. 25; amended 5-4-2010 ATM, Art. 40]
D. Restoration. A nonconforming building or structure
which has been damaged or destroyed may be repaired or rebuilt, provided
that such restoration shall not exceed the original area and height,
shall be placed no nearer the street line than the building or structure
which the restoration replaces, and the owner of said premises shall
start operation for restoration or rebuilding on said premises within
12 months of damage or destruction.
E. Abandonment. All non-conforming uses which have been
abandoned or discontinued for more than two years shall not be reestablished
and any future use shall be in conformity with the provisions of this
bylaw, except in the case of agricultural, horticultural, or floricultural
uses where such non-use may exist for a period of five consecutive
years.
F. Changes. Once changed to a conforming use, no structure
or land shall be permitted to revert to a non-conforming use.
At all street intersections, no obstruction
to vision (other than existing structures, posts, or trees) exceeding
30 inches in height above the established grade of the street at the
property line, shall be erected on any lot within the triangle formed
by the street lot lines and a line connecting these lines 20 feet
from the point of street intersection.
A. The area or dimension of any lot shall not be reduced
to less than the minimum required according to this bylaw.
B. If a lot is already less than the minimum required
by this bylaw, the area and/or dimension may be continued but shall
not be further reduced.
A. Minimum lot widths in residence, business and industrial
districts shall be as follows:
|
District
|
Minimum Width
(feet)
|
---|
|
R-1
|
110
|
|
R-2
|
110
|
|
R-3
|
110
|
|
R-4
|
110
|
|
RSH-1
|
110 [Added 5-12-2003 ATM, Art. 8]
|
|
B-1
|
110
|
|
B-2
|
110
|
|
I-1
|
110
|
|
I-2
|
110
|
|
I-3
|
110 [Added 6-6-1994 ATM, Art. 80]
|
|
I-4
|
110 [Added 5-19-1997 ATM, Art. 64]
|
|
H-1
|
110 [Added 5-5-2008 ATM, Art. 42]
|
B. The minimum lot width of any lot shall be measured
along the way on which the lot fronts at the required minimum setback
for the district in which the lot is located. The lot may not be less
than 40 feet wide at any point.
[Amended 5-4-2010 ATM, Art. 43]
A. Minimum required frontage for lots located in residence,
business, and industrial districts shall be as follows:
[Amended 5-17-1999 ATM, Art. 33; 5-12-2003 ATM, Art. 47]
|
District
|
Minimum Width
(feet)
|
---|
|
R-1
|
110
|
|
R-2
|
110
|
|
R-3
|
110
|
|
R-4
|
110
|
|
RSH-1
|
110 [Added 5-12-2003 ATM, Art. 8]
|
|
B-1
|
110
|
|
B-2
|
110
|
|
I-1
|
110
|
|
I-2
|
110
|
|
I-3
|
110 [Added 6-6-1994 ATM, Art. 80]
|
|
I-4
|
110 [Added 5-19-1997 ATM, Art. 64]
|
|
H-1
|
110 [Added 5-5-2008 ATM, Art. 42]
|
B. Retreat Lots are lots with a minimum of 40 feet frontage and a minimum of 65,340 square feet. Retreat Lots shall be allowed in all residence districts provided that only one single family home may be constructed on a Retreat Lot and provided that the lot has a minimum frontage of 40 feet, and minimum lot size of 65,340 square feet, a minimum lot width as defined in §
415-27 of 40 feet, and provided further that no structure shall be erected on a retreat lot closer than 50 feet to the rear, front or side property line. No more than two contiguous Retreat Lots shall be allowed. A dwelling on a retreat lot shall be located no more than 350 feet from an existing fire hydrant as measured from the dwelling along the center of the driveway and along the sideline of the street to an existing fire hydrant. A fire hydrant or hydrants must be installed as per the Rockland Water Department Regulations for all proposed dwellings located in excess of 350 feet from an existing fire hydrant. Driveways on retreat lots shall be a minimum of 12 feet in width.
[Amended 5-17-1999 ATM, Art. 38]
Only one principal residential building shall be allowed on a single lot except as provided in Article
VII, Planned Unit Developments, and §
415-22F, Multi-family developments. Only one principal structure shall be allowed on a lot except in the Industrial 1 and Industrial 2 Districts upon the granting of a Special Permit from the Zoning Board of Appeals for more than one principal structure per lot.
[Amended 5-17-1999 ATM, Art. 28; 5-4-2009 ATM, Art. 25]
A. Lots in
any District must contain a minimum of 22,000 square feet of contiguous
land that is not an area protected under MGL c. 131, § 40 (the
Wetlands Protection Act), not including riverfront areas.
B. Retreat
Lots must contain a minimum of 32,670 square feet of contiguous land
that is not an area protected under MGL c. 131, § 40 (the Wetlands
Protection Act), not including riverfront areas.
[Added 6-6-1994 ATM, Art. 30; amended 5-12-2003 ATM, Art.
48]
All fences required by the Inspector of Buildings
to be installed around swimming pools, shall be maintained and repaired
in good condition. Any component of an in-ground or above ground swimming
pool including but not limited to decks, aprons or overhangs shall
set back a minimum of five feet from all property lines.
[Added 6-6-1994 ATM, Art. 26; amended 5-19-1997 ATM, Art.
52; 5-17-1999 ATM, Art. 29; 5-14-2001 ATM,
Art. 48; 5-13-2002 ATM, Art. 22; 5-4-2015 ATM, Arts. 48, 49; 5-7-2018 ATM, Art. 70]
The Zoning Board of Appeals may authorize an accessory apartment
within a single-family residence by Special Permit in the R-1 Residence
District and business districts provided that the Board finds the
following criteria have been met.
A. The dwelling must be in existence for a minimum of
24 months, and must not have been substantially altered for 24 months
prior to filing the application for a Special Permit. Provided that
if there is an existing in-law apartment in a dwelling which was constructed
under a Special Permit prior to the adoption of this accessory apartment
regulation, the twenty-four-month period shall not apply and the accessory
apartment shall be governed by the dimensional requirements of the
original Special Permit.
[Amended 5-13-2002 ATM, Art. 22]
B. The owner/applicant shall have continuously resided
in the main dwelling for a least 24 months prior to filing the application
for special permit for the accessory apartment and the owner/applicant
shall continue to reside in the main dwelling throughout the duration
of the Special Permit.
C. Only one accessory apartment shall be permitted per
single family house.
D. Other than handicapped access, no exterior alteration
can change the appearance of the dwelling as a single family home.
E. There shall be at least two off-street parking spaces for the principal
dwelling and at least one off-street parking space for the accessory
apartment. In order to maintain the appearance of a single family
dwelling, all parking spaces must be accessible directly from the
driveway serving the main dwelling.
[Amended 5-4-2015 ATM,
Art. 48]
F. The accessory apartment shall contain a minimum of 400 square feet and a maximum of 650 square feet of dwelling area: The accessory apartment shall be located only within the existing habitable structure, or within an addition to the existing habitable structure, subject to the provisions of Subsection
I. There shall be an interior doorway located in the common wall between each living unit to provide a means of access for the purpose of supervision and emergency response.
[Amended 5-14-2001 ATM, Art. 48; 5-4-2015 ATM, Art. 49]
G. All Board of Health and Building Code criteria must
be met.
H. The occupants of the accessory apartment shall be either:
[Amended 5-6-2019 ATM
by Art. 16]
(1) An individual or two or more persons related by blood or marriage
living together as a single housekeeping unit and including necessary
domestic help such as nurses or aides, service assistants, but not
more than four occupants; or
(2) A group of individuals not related by blood or marriage, but living
together as a single housekeeping unit may constitute a family and
including necessary domestic help such as nurses or aides, service
assistants but not more than four occupants. For purposes of controlling
residential density in accessory apartments, residents of rooming,
boarding or lodging houses shall not be considered a family.
I. Any increase in size of the main dwelling unit shall
be limited to 5% of the existing habitable living space of that dwelling
and shall meet all zoning requirements.
J. The Special Permit shall terminate upon any of the
following events:
(2) Residence by a person not named in the Special Permit,
except residence of the new born child, adopted child, or a person
caring for the tenant such as a nurse, nurse's aide or other health
care worker or caretaker.
(3) Residence by a boarder or lodger in either the main
house or accessory apartment.
(4) The death of a single tenant named as the sole tenant
on the application for a Special Permit.
K. Upon the termination of the Special Permit, the residence
shall revert back to single family use. All kitchen and food preparation
areas and plumbing shall be removed. The Building Inspector shall
have the right to inspect the premises to ensure that the home has
been restored to a single-family dwelling.
L. No later than January 31st of each year following
the issuance of the Special Permit, the owner/applicant shall provide
to the Building Inspector the names of the tenants of the accessory
apartment and shall certify that the main dwelling is occupied by
the owner/applicant. A form for this certification shall be obtained
at the offices of the Building Inspector. Failure to file the annual
certification shall constitute grounds for immediate revocation of
the Special Permit.
M. Accessory apartments permitted by right in the R-2 Residence District,
R-3 Residence District, and R-4 Residence District shall be subject
to and conditioned upon the following:
(1) Adherence to the provisions of the existing §
415-32C,
D,
E,
F,
G, and the provisions of §
415-32H.
[Amended 5-6-2019 ATM
by Art. 17]
(2) Any increase in the size of the main dwelling unit shall meet all
yard setback requirements of this bylaw.
(3) The right to maintain an accessory apartment by right shall terminate
upon any of the following events:
(b)
Residence in the accessory apartment by a person not permitted under §
415-32H excepting a person caring for the owner or occupant as a nurse, nurse's aide or other health care worker or caretaker may also occupy the accessory apartment; and
(c)
Residence by a border or lodger in either the main house or
accessory apartment.
(4) No later than January 31 of every year that there is an accessory
apartment, the owner/applicant shall provide to the Building Inspector
the names of the tenant(s) of the accessory apartment, certify as
to compliance with the conditions hereof and that the owner/applicant
occupies the main dwelling, and pay a fee for inspection and processing
of said certification. A form for this certification shall be obtained
at the office of the Building Inspector. Failure to file the annual
certification shall be a violation of this bylaw and shall subject
the owner to fine and enforcement action.
(5) The Building Inspector shall have the right to conduct an inspection
in connection with the annual renewal and certification connected
with the accessory apartment. Failure to allow an inspection shall
result in a loss of the right to maintain the accessory apartment.
[Added 5-17-1999 ATM, Art. 32]
Prior to the construction of a driveway, an
owner shall make written application for approval to the Building
Inspector. Driveways shall meet the following design requirements.
A. Entrances shall be located to the best advantage with
regard to street alignment, profile, sight distance and safety conditions.
B. Driveways shall be located through the frontage of
said land.
C. Driveway grades and locations shall be such as to
provide for an access for emergency vehicles including fire and police.
D. All driveways from the edge of the road surface to
a point 15 feet onto the property shall be no less than 12 feet, and
no more than 24 feet wide.
E. No driveway shall be located along the street line
closer than 25 feet to any street intersection.
[Amended 5-14-2001 ATM, Art. 47; 5-13-2002 ATM, Art. 23]
With respect to any lot in existence prior to
the original enactment of the Zoning Bylaws of the Town of Rockland
which has less than 110 feet of frontage, the minimum side yard requirement
may be reduced by one foot for every 10 feet that the frontage is
less than 110 feet, but in no instance shall any side yard be less
than eight feet.
The following off-street parking facilities
shall be provided:
A. Residential uses.
(1) Dwellings (general): at least 2.0 spaces for each
Single-Family Residence, and at least 3.0 spaces for each dwelling
unit in a Two-Family Residence or Multi-Family Residence.
[Amended 5-5-2008 ATM, Art. 55]
(2) Dwellings for the elderly: at least one space for
each dwelling unit in the building.
(3) Nursing/rest home: at least one space for every four
beds and one space for every two employees.
(4) Boarding house: at least one space for each unit.
(5) Accessory apartment: at least two additional parking spots in addition
to the parking required for the existing dwelling unit.
[Added 5-4-2015 ATM,
Art. 50; 5-6-2019 ATM by Art.
18]
B. Business uses.
(1) Retail stores: at least one space for each 300 square
feet of sales floor area and one space for every two employees.
(2) Restaurants and other eating establishments: at least
one space for every two seats and one space for every two employees.
Requirements for fast-food type establishments shall be determined
by the Planning Board for each individual submission.
(3) Professional offices: at least one space for each
250 square feet of occupied floor area and one space for every two
employees.
[Amended 5-7-2012 ATM,
Art. 59]
(4) Private club: at least one space for every 10 members
and one space for every two employees.
(5) Hotel/motel: at least one space for each unit and
one space for every two employees.
(6) Funeral home: at least 10 spaces for each 600 square
feet of floor area used for professional service and one space for
every two employees.
(7) Theaters: at least one space for every three seats
and 1.5 spaces for every two employees.
(8) Wholesale establishments: at least one space for each
600 square feet of sales floor area and one space for every two employees.
(9) Multi-family residences in Zoning District B (Business):
at least 1.5 spaces for each dwelling unit to be located within 600
feet of the building, including spaces in public parking areas.
C. Industrial uses.
(1) Automobile service station: at least five spaces.
(2) Industrial uses (general): at least one space for
every two employees, one space for each vehicle generally based on
premises and adequate space for visitors. These standards may be revised
as per prevailing circumstances as deemed necessary by the Board of
Appeals.
D. Public uses.
(1) Church or other place of worship: at least one space
for every 12 seats, one space for every church official, and one space
for every two employees. These requirements are subject to review
by the Board of Appeals provided that non-conflicting parking facilities
are available within 300 feet of the church.
(2) Hospital: at least one space for every two beds, one
space for every staff member and one space for every 10 daily visitors.
(3) Medical or dental clinic: at least four spaces for
each professional and one space for every employee.
(4) Elementary, junior and senior high schools: at least
1.5 spaces per classroom and one space for every non-professional
employee.
(5) Library: at least one space for every five seats.
E. Other uses. Sports arena, skating rink, or other similar
establishment: at least one space for each 60 square feet of floor
area (if no fixed seats) or one space for every four seats and one
space for every employee or administrator.
F. Overnight parking.
[Amended 5-13-2002 ATM, Art. 41]
(1) The overnight parking of a commercial vehicle in any
Residential District, is only allowed by Special Permit from the Zoning
Board of Appeals. The Zoning Board may grant a Special Permit for
no more than one commercial vehicle.
(2) The following vehicles are exempt from this bylaw
and only one commercial vehicle is allowed.
(a)
[Amended 5-1-2017 ATM,
Art. 49]
[1]
A vehicle that is designed with four wheels and is no more than
nine feet in height, not including ladder racks, regardless of how
it is registered. Box trucks, converted ambulance, and the like shall
not be exempt.
[2]
A vehicle with six wheels and no more than seven feet in height,
not including ladder racks, regardless of how it is registered.
|
Overall height shall be measured from the ground up to the highest
point of the cab, box, body, or to the top of the cab protector when
measuring a small dump truck.
|
(b)
Self-contained recreational motor home.
(c)
Tow behind camper/boat/recreational trailers.
(d)
Handicap equipped or Handicap registered vehicles.
(3) Overnight is defined as the period between 8:00 p.m.
to 7:00 a.m. Commercial vehicles shall include but are not limited
to school buses, ramp trucks, flat bed trucks, tow trucks, dump trucks,
tractor trailer trucks whether whole or in part.
G. Inoperative or unregistered vehicles. Not more than
one inoperative vehicle nor more than one unregistered vehicle shall
be stored outside on any lot in a residential zone or on any residential
lot in any zone. Not more than one inoperative vehicle nor more than
one unregistered vehicle shall be stored outside on any lot in any
nonresidential zoning district except that more than one unregistered
or inoperative vehicle may be stored on any lot in the Business 1
or Business 2 zoning districts provided that the vehicles stored are
stored on lots located at licensed automobile service stations, repair
shops or automobile agencies, and provided further no such unregistered
or inoperative vehicles shall be stored at such stations, shops or
agencies for a period in excess of 60 days. The prohibitions of this
section shall not apply to new vehicles bearing a new vehicle manufacturer's
invoice sticker, or to a used vehicle bearing a warranty sticker required
by MGL c. 90 which are being stored for sale at licensed dealerships.
[Amended 5-14-2001 ATM, Art. 44]
H. Drive-through windows. The first stop where the customer
places an order for all drive through windows shall be constructed
and situated as follows: for banks and pharmacies no less than 100
feet from the street or curb cut entrance; for donut shops, coffee
shops or fast food establishments no less than 400 feet from the street
curb cut entrance. The distances required under this bylaw shall be
clearly marked on all site plans submitted to the Planning Board for
site plan approval.
[Amended 5-14-2001 ATM, Art. 49]
The following table sets forth off-street loading
requirements:
Type of Use
|
Square Feet of Floor Area
|
Number of Berths Required
|
---|
Retail commercial, eating establishments, offices
and service establishments
|
5,000 - 20,000
|
1
|
|
20,001 - 50,000
|
2
|
|
50,001 - 90,000
|
3
|
|
Each additional 40,000 or major fraction thereof
|
1
|
Hotel/motel
|
10,000 - 30,000
|
1
|
|
30,001 - 60,000
|
2
|
|
Each additional 30,000 or major fraction thereof
|
1
|
Wholesale, warehouse and industrial uses
|
5,000 - 10,000
|
1
|
|
Each additional 60,000 or major fraction thereof
|
1
|
A. Permitted home occupations and related facilities
include the following:
(4) Professional offices for lawyers, engineers, architects,
or similar professions;
(6) Tutoring facilities for not more than four students
at one time;
(7) Offices for carpenter, plumber, electrician or similar
trades.
(8) Office for a resident occupant's licensed limousine or livery service
and accessory parking and storage of not more than one four-door sedan,
SUV or mini van used in connection with the business.
[Added 5-5-2014 ATM,
Art. 47]
B. These uses must not occupy more than 20% of the floor
area of the home and no more than one person living outside of the
home shall be employed. In no event shall any products be displayed,
or sold except those manufactured on the premises.
[Amended 5-4-2010 ATM, Art. 37]
The development of shopping centers shall be
subject to the special permit and site plan review process established
under this bylaw. The following regulations govern the development
of shopping centers:
A. Minimum area. A shopping center shall include not
less than five acres of contiguous land.
B. Land use. Proposed land uses shall not affect surrounding
development and shall be in accordance with the "Clustered Growth
Plan Concept."
C. Building setback. Buildings shall be located no closer
than 30 feet from any external lot lines, except that portion which
fronts upon an existing street.
D. Open space. A minimum of 10% of site area shall be
developed as open space and is to be fully landscaped.
[Added 5-4-2009 ATM, Art. 17]
A. Purpose. The purpose of this section is to provide by Special Permit
for the construction and operation of wind energy facilities and to
provide standards for the placement, design, construction, monitoring,
modification and removal of wind energy facilities that address public
safety, minimize impacts on scenic, natural and historic resources
of the Town and provide adequate financial assurance for removal of
unused facilities.
B. Applicability. This section applies to all wind energy facilities
proposed to be constructed after the effective date of this section.
Any physical modification to existing wind energy facilities that
materially alters the type or increases the size of such facilities
or other equipment shall require a special permit.
C. Definitions.
HEIGHT
The height of a wind turbine measured from natural grade
to the tip of the rotor blade at its highest point, or blade-tip height.
RATED NAMEPLATE CAPACITY
The maximum rated output of electric power production equipment.
This output is typically specified by the manufacturer with a "nameplate"
on the equipment.
SUBSTANTIAL EVIDENCE
Such evidence as a reasonable mind might accept as adequate
to support a conclusion.
WIND ENERGY FACILITY
All equipment, machinery and structures utilized in connection
with the conversion of wind to electricity. This includes, but is
not limited to, transmission, storage, collection and supply equipment,
substations, transformers, service and access roads, and one or more
wind turbines.
WIND TURBINE
A device that converts kinetic wind energy into rotational
energy that drives an electrical generator. A wind turbine typically
consists of a tower, nacelle body, and a rotor with two or more blades.
D. General Requirements.
(1)
Special Permits for Wind Energy Facilities.
(a)
No wind energy facility shall be erected, constructed, installed or modified as provided in this section without first obtaining a Special Permit from the Zoning Board of Appeals. The construction of a Large Wind Energy Facility shall be permitted in the R-1, I-2, I-3, and I-4 zoning districts subject to the issuance of a Special Permit and provided that the use complies with all requirements set forth in Subsections
D,
E,
F and
G. The construction of a Small Wind Energy Facility shall be permitted in any zoning district subject to the issuance of a Special Permit and provided that the use complies with all requirements set forth in Subsections
D,
E,
F and
G.
(b)
All wind energy facilities shall be constructed and operated
in a manner that minimizes any adverse visual, safety, and environmental
impacts. No Special Permit shall be granted unless the Zoning Board
of Appeals finds in writing that:
[1] The specific site is an appropriate location for
such use;
[2] The use is not expected to adversely affect the
neighborhood;
[3] There is not expected to be any serious hazard
to pedestrians or vehicles from the use;
[4] No nuisance is expected to be created by the use;
and,
[5] Adequate and appropriate facilities will be provided
for the proper operation of the use.
(c)
Such Special Permits may also impose reasonable conditions,
safeguards and limitations on time and use and may require the applicant
to implement all reasonable measures to mitigate unforeseen adverse
impacts of the wind facility, should they occur.
(d)
Wind monitoring or meteorological towers shall be permitted
for no more than 18 months in any zoning district, subject to the
issuance of a building permit. MET towers shall be set back a distance
equal to two times the height of the tower from the nearest property
line. MET towers shall be fenced in order to prevent unauthorized
access. The Zoning Board of Appeals may reduce the setback requirement
by Special Permit, based on site-specific considerations.
(2)
Compliance with Laws, Bylaws, and Regulations. The construction
and operation of all such proposed wind energy facilities shall be
consistent with all applicable local, state and federal requirements,
including but not limited to all applicable safety, construction,
environmental, electrical, communications and aviation requirements.
(3)
Proof of Liability Insurance. The applicant shall be required
to provide evidence of liability insurance in an amount and for a
duration sufficient to cover loss or damage to persons and structures
occasioned by the failure of the facility.
(4)
Site Control. At the time of its application for a Special Permit,
the applicant shall submit documentation of actual or prospective
control of the project site sufficient to allow for installation and
use of the proposed facility. Documentation shall also include proof
of control over setback areas and access roads. Control shall include
the legal authority to prevent the use or construction of any structure
for human habitation within the setback areas.
E. General Siting Standards.
(1)
Height. Wind energy facilities shall be no higher than 350 feet
above the preconstruction grade of the land, provided that wind energy
facilities may exceed 350 feet in height if all of the following criteria
are met:
(a)
The applicant demonstrates by substantial evidence that such
height reflects industry standards for a similarly sited wind energy
facility;
(b)
Such excess height is necessary to ensure technical and economic
feasibility of the wind energy facility; and,
(c)
The facility satisfies all other criteria for the granting of
a Special Permit under the provisions of this section.
(2)
Setbacks. Large Wind Energy Facilities shall be set back a distance
equal to two times the overall blade tip height of the wind turbine
from the nearest property line. Small Wind Energy Facilities shall
be set back a distance equal to the overall blade tip height of the
wind turbine from the nearest property line. The Zoning Board of Appeals
may reduce the minimum setback distance as appropriate based on site-specific
considerations, if the project satisfies all other criteria for the
granting of a Special Permit under the provisions of this section.
(3)
Parking. There shall be a minimum of one parking space per tower,
to be used in connection with the maintenance of the facility and
the site, and not to be used for the permanent storage of vehicles.
The parking space shall measure nine feet by 20 feet.
F. Design Standards.
(1)
Color and Finish. The Zoning Board of Appeals shall have discretion
over the turbine color. A neutral, non-reflective exterior color designed
to blend with the surrounding environment is encouraged.
(2)
Lighting. Wind turbines shall be lighted only if required by
the Federal Aviation Administration. Lighting of other parts of the
wind energy facility, such as accessory structures, shall be limited
to that required for safety and operational purposes, and shall be
reasonably shielded from abutting properties.
(3)
Signage.
(a)
Signs on the wind energy facility shall comply with the requirements
of the Town's sign regulations, and shall be limited to:
[1] Signs necessary to identify the owner, provide
a twenty-four-hour emergency contact phone number, and warn of any
danger. Such signs shall be installed on the fence that surrounds
the base of the wind energy facility.
[2] Educational signs providing information about the
facility and the benefits of renewable energy.
(b)
There shall be no signage on the wind turbine. Wind turbines
shall not be used for displaying of any advertising.
(4)
Utility Connections. To the extent technically feasible, and
subject to any requirements of the utility provider, all utility connections
from the wind energy facility shall be located underground. Electrical
transformers for utility interconnections may be aboveground if required
by the utility provider and shall meet all local and state codes.
(5)
Accessory Structures. All accessory structures to such wind
energy facilities, including but not limited to equipment shelters,
storage facilities, transformers, and substations, shall be architecturally
compatible with each other and shall be contained within the turbine
tower whenever technically and economically feasible. Structures shall
only be used for housing of equipment for this particular site. Whenever
reasonable, structures should be shaded from view by vegetation and/or
located in an underground vault and joined or clustered to avoid adverse
visual impacts.
(6)
Support Towers. Wind energy facilities shall use a monopole
tower for support.
G. Safety, Aesthetic and Environmental Standards.
(1)
Emergency Response. The applicant shall provide a copy of the
project summary and site plan to the Rockland Police and Fire Departments.
Upon request the applicant shall cooperate with local emergency services
in developing an emergency response plan. The applicant or facility
owner shall maintain a phone number and identify a responsible person
for the public to contact with inquiries and complaints throughout
the life of the project.
(2)
Unauthorized Access. Wind turbines and other structures that
are part of a wind energy facility shall be designed as to prevent
unauthorized access.
(3)
Shadow/Flicker. Wind energy facilities shall be sited in a manner
that minimizes shadowing or flicker impacts. The applicant has the
burden of proving that this effect does not have significant adverse
impact on neighboring or adjacent uses through either siting or mitigation.
(4)
Noise.
(a)
The wind energy facility and associated equipment shall conform
to the provisions of the Department of Environmental Protection's
Division of Air Quality Noise Regulations (310 CMR 7.10). A source
of sound will be considered to be violating these regulations if the
source:
[1] Increases the broadband sound level by more than
10 Db(A) above ambient, or
[2] Produces a "pure tone" condition — when an
octave band center frequency sound pressure level exceeds the two
adjacent center frequency sound pressure levels by three decibels
or more.
(b)
These criteria are to be measured at all property lines. Ambient
is defined as the background A-weighted sound level that is exceeded
90% of the time measured during equipment operation. An analysis prepared
by a qualified engineer shall be presented to demonstrate compliance
with these noise standards.
(5)
Land Clearing. Clearing of natural vegetation shall be limited
to that which is necessary for the construction, operation and maintenance
of the wind energy facility.
H. Monitoring and Maintenance. The applicant shall maintain the wind
energy facility in good condition. Maintenance shall include, but
not be limited to, painting, structural repairs, and integrity of
security measures. Site access shall be maintained to a level acceptable
to the Rockland Fire and Police Departments. The project owner shall
be responsible for the cost of maintaining the wind energy facility
and any access road, unless accepted as a public way, and the cost
of repairing any damage occurring as a result of operation and construction.
The Zoning Enforcement Officer may require annual certification by
a Professional Registered Engineer of the facility's structural integrity
and maintenance record.
I. Removal of Wind Energy Facilities.
(1)
Removal Requirements. The owner of a wind energy facility shall
inform the Zoning Enforcement Officer annually, in writing, whether
the facility remains in use. Any wind energy facility which has not
been used for one year or more shall be dismantled and removed in
its entirety (including accessory facilities and structures) at the
owner's expense. Removal shall consist of:
(a)
Physical removal of all wind turbines, structures, equipment,
security barriers and transmission lines from the site;
(b)
Disposal of all solid and hazardous waste in accordance with
local and state waste disposal regulations; and,
(c)
Stabilization or re-vegetation of the site as necessary to minimize
erosion. The Zoning Enforcement Officer may allow the owner to leave
landscaping or designated below-grade foundations in order to minimize
erosion and disruption to vegetation.
(2)
Financial Security. The owner of a wind energy facility shall
file and maintain in effect a bond (or other security satisfactory
to the Town), ensuring that sufficient funds will be available to
remove the facility in the event of non-use, as provided herein. Said
bond shall be from a company authorized to do business in Massachusetts
and shall be subject to the approval of the Town. The bond shall be
a condition of the Special Permit and shall be filed prior to the
issuance of the building permit. Such security will not be required
for municipally or state-owned facilities. The applicant shall submit
a fully inclusive estimate of the costs associated with removal, prepared
by a qualified engineer. The amount shall include a mechanism for
Cost of Living Adjustment.
J. Term of Special Permit. A Special Permit issued for a wind energy
facility shall be valid for 25 years, unless extended or renewed.
The time period may be extended or the permit renewed by the Zoning
Board of Appeals upon satisfactory operation of the facility. Request
for renewal must be submitted at least 180 days prior to expiration
of the Special Permit. Submitting a renewal request shall allow for
continued operation of the facility until the Zoning Board of Appeals
acts. At the end of that period (including extensions and renewals),
the wind energy facility shall be removed as required by this section.
K. Application Process and Requirements.
(1)
General. The applicant shall provide the Zoning Board of Appeals
with 15 copies of the application. All plans and maps shall be prepared,
stamped and signed by a Professional Engineer licensed to practice
in Massachusetts. Included in the application shall be:
(a)
Name, address, phone number and signature of the applicant,
as well as all co-applicants or property owners, if any;
(b)
The name, contact information and signature of any agents representing
the applicant;
(c)
Documentation of the legal right to use the wind facility site, including the requirements set forth in Subsection
D(4) of this section.
(d)
Twelve consecutive months of data from the MET tower that is
located at the proposed site.
(2)
Siting and Design. The applicant shall provide the Zoning Board
of Appeals with a description of the property which shall include:
(a)
A copy of a portion of the most recent USGS Quadrangle Map,
at a scale of 1:25,000, showing the proposed facility site, including
turbine sites, and the area within at least two miles from the facility.
Zoning district designation for the subject parcel shall be included;
(b)
A locus plan of the proposed wind energy facility site at a
scale of one inch equals 200 feet, which shall show contour intervals
of no more than 10 feet, property lines for the site parcel and adjacent
parcels within 300 feet, and the exact location of the proposed facility;
(c)
A site plan of the proposed wind energy facility site at a scale
of one inch equals 40 feet, which shall show the following:
[1] Property lines for the site parcel and adjacent
parcels within 300 feet;
[2] Location and current usage of all existing buildings
on the site parcel and all adjacent parcels within 500 feet, including
distances from the wind energy facility to each building shown;
[3] Location of all public and private roads on the
site parcel and adjacent parcels within 300 feet, and proposed roads
or driveways, either temporary or permanent;
[4] Existing areas of tree cover, including average
height of trees, on the site parcel and adjacent parcels within 300
feet;
[5] Proposed location and design of the wind energy
facility, including all turbines, ground equipment, accessory structures,
transmission infrastructure, access, fencing, and exterior lighting.
(3)
Technical Documentation. The applicant shall submit to the Zoning
Board of Appeals the following technical documentation regarding the
proposed wind energy facility:
(a)
Wind energy facility technical specifications, including manufacturer
and model, rotor diameter, tower height/type, foundation type/dimensions;
(b)
Blueprints or drawings for the tower and the tower foundation,
signed by a Professional Engineer licensed to practice in the Commonwealth
of Massachusetts;
(4)
Visualizations.
(a)
The applicant shall arrange for a balloon or crane test at the
proposed site to illustrate the overall height of the proposed facility
within 30 days of filing the application with the Town Clerk. The
date, time, and location of such test shall be advertised and notice
provided to abutters in accordance with MGL c. 40A, § 11.
(b)
The Zoning Board of Appeals shall select between three and six
sight lines with a view of the wind facility, including from the nearest
building, for pre- and post-construction view representations. Sites
for the view representations shall be selected from populated areas
or public ways within a two mile radius of the wind facility. View
representations shall have the following characteristics:
[1] View representations shall be in color and shall
include actual pre-construction photographs and accurate post-construction
simulations of the height and breadth of the wind energy facility
(e.g. superimpositions of the wind energy facility onto photographs
of existing views);
[2] All view representations will include existing
and proposed buildings or tree coverage;
[3] View representations shall include a description
of the technical procedures followed in producing the visualization
(distances, angles, lens, etc.).
(5)
Landscape Plan. A plan shall be submitted indicating all proposed
changes to the landscape of the site, including temporary or permanent
roads or driveways, grading, vegetation clearing and planting, exterior
lighting other than FAA lights, screening vegetation or structures.
Lighting shall be designed to minimize glare on abutting properties
and, except as required by the FAA, be directed downward with full
cut-off fixtures to reduce light pollution.
(6)
Operation and Maintenance Plan. The applicant shall submit a
plan for maintenance of access roads and stormwater controls, as well
as general procedures for operational maintenance of the wind facility.
(7)
Compliance Documents. The applicant shall provide with the application:
(a)
A description of financial surety that satisfies Subsection
I(2) of this section;
(b)
Proof of liability insurance that satisfies Subsection
D(3) of this section;
(c)
Certification of height approval from the FAA;
(d)
A statement that satisfies Subsection
G(4) of this section, listing existing and maximum projected noise levels from the wind energy facility.
(8)
Independent Consultants. Upon submission of an application for
a Special Permit, the Zoning Board of Appeals will be authorized to
hire outside consultants, pursuant to MGL c. 44, § 53G.
The applicant is required to make an initial deposit of $5,000 for
peer review and shall pay all costs associated with such review including
but not limited to engineering and legal review.
[Added 5-7-2012 ATM,
Art. 51]
A. Authority and Interpretation. This bylaw is adopted as a general
bylaw pursuant to Chapter 93, Sections 29-33, inclusive, as amended,
and a zoning bylaw pursuant to Chapter 40A, as amended, of the General
Laws of the Commonwealth of Massachusetts. This bylaw is hereby declared
to be remedial and protective, and is to be so construed and interpreted
as to secure the beneficial interests and purposes defined in this
section of the bylaw.
B. Purpose.
(1)
The regulation and restriction of Unattended Donation Containers
(UDC) within the Town of Rockland in order to protect and enhance
the visual environment of the Town for purposes of safety, convenience,
and welfare of its residents.
(2)
The restricting of UDC's, which would increase the probability
of accidents by distracting attention or obstructing vision or pedestrian
or vehicular traffic.
(3)
The reduction of visual and informational conflict and regulation
of the placement of a UDC on private property.
C. Non-conformance of an Existing UDC. Any non-conforming UDC legally
erected prior to the adoption of this provision may be continued and
maintained subject to the requirement of obtaining the annual license
from the Board of Selectmen. Any UDC rendered non-conforming through
change or termination of activities on the premises shall be removed
within 30 days of order by the Building Inspector/Zoning Enforcement
Officer. No existing UDC shall be replaced, enlarged, moved, redesigned,
or altered in any way unless it conforms to the provisions contained
herein. Any UDC which has been destroyed or damaged to the extent
that the cost of repair or restoration will exceed 1/3 of the replacement
value as of the date of destruction shall not be repaired, rebuilt,
restored or altered unless in conformity of this bylaw.
D. Prohibition. UDC's are prohibited from being kept on or within the
layout of any street, way or sidewalk or on other public property
by any person or entity other than the Town of Rockland. UDC's are
prohibited from being kept on any private property without first obtaining
a Special Permit from the Zoning Board and also an annual license
from the Board of Selectmen. UDC's are prohibited in all Residential
Zones.
E. Special Permit for UDC. The applicant shall apply for a Special Permit
for a UDC with the Zoning Board of Appeals as per MGL Chapter 40A
and the provisions of this bylaw. The application shall include the
following:
(1)
All information that is required in the Instructions and Application
Packet for a Zoning Board Public Hearing.
(2)
Address of the location for placement of the UDC.
(3)
Notarized written authorization from property owner for the
placement of the UDC.
(4)
Certification from the property owner that the applicant has
provided a copy of this section to the property owner and that it
has been read by the property owner and is understood.
(5)
A detailed plan of how the applicant will maintain the UDC to
prevent scattering of donated material.
(6)
A Site Plan drawn and stamped by a Certified Land Surveyor licensed
to practice in Massachusetts showing all existing conditions on the
lot and proposed location of the UDC.
F. Placement of UDC. Placement of a UDC shall conform to the Zoning
setbacks of an Accessory Structure in that particular zone. Setbacks
in a B-1 zone shall be Front - 20 feet, Side - five feet and Rear
- five feet. The UDC shall also be placed in a location such that
there shall be safe and convenient pedestrian and/or vehicular access
to the UDC. The Zoning Board of Appeals may deny any application for
a UDC when the detailed plan does not meet the purpose of this section
or comply with the requirements hereof.
G. Cost of Said License. The license shall be $100 annually for each
UDC. The cost of said license may, from time to time, be altered by
the Board of Selectmen. 501(c)(3) entities and/or organizations shall
be exempt from this annual license fee.
H. Administration and Enforcement.
(1)
Enforcement. The Zoning Enforcement Officer is hereby charged
with the enforcement of this bylaw.
(a)
The Zoning Enforcement Officer and his duly authorized agents
shall, at reasonable times and upon presentation of credentials, have
the power to enter upon the premises on which any UDC is erected or
maintained in order to inspect said UDC.
(b)
The Zoning Enforcement Officer is further authorized, upon notice
as herein provided, to order the repair or removal of any UDC which
in his judgment is a prohibited or is likely to become dangerous,
unsafe, or in disrepair, or which is erected or maintained contrary
to this bylaw. The Zoning Enforcement Officer shall serve a written
notice and order upon the owner of record of the premises where the
UDC is located and any advertiser, tenant, or other persons known
to him having control of or a substantial interest in said UDC, directing
the repair or removal of the UDC within a time not to exceed seven
days after giving such notice. If such notice and order is not obeyed
within such period of time, the UDC and his duly authorized agents shall, at reasonable times
and upon presentation of credentials, have the power to enter upon
the premises on which said UDC is erected or maintained and repair
or remove, or cause to be repaired or removed, said UDC. All expenses
incurred by the Zoning Enforcement Officer and his duly authorized
agents in repairing or removing any UDC shall be assessable against
any person who failed to obey said notice and order and shall be recoverable
in any court of competent jurisdiction if not paid within 30 days
after written notice of assessment is given by the Zoning Enforcement
Officer at any such person.
(c)
Alternate penalties. If such UDC is not removed for non-compliance
with the provisions hereof or non-compliance with any permit granted
here-under after seven days' notice from the Zoning Enforcement Officer,
a fine of $300 per day to the person or organization placing said
UDC and a $300 fine per day to the property owner where the UDC was
placed may be issued and enforced in accordance with the provisions
of MGL c. 40, § 21D.
[Added 5-7-2012 ATM,
Art. 57; amended 5-1-2023 ATM by Art. 76]
A. Purpose. The purpose of this section is to establish appropriate
location, criteria and standards for commercial boarding or training
kennels, commercial breeder kennels, domestic charitable corporation
kennels, or veterinary kennels that are for business. This bylaw is
intended to establish reasonable regulations to accommodate the need
to protect the public, neighborhoods, and the animals. The Board of
Appeals shall consider the size and the relationship of the lot to
adjacent lots and shall determine whether that size and relationship
is adequate to accommodate the use without imposing undue noise, visual
and traffic impacts. The Board shall make a determination of the adequacy,
impose such conditions on hours of use, number of animals at a given
time, fencing, screening or other measures to contain the activity
and minimize its impact.
B. Description of Area. A commercial boarding or training kennel, commercial
breeder kennel, domestic charitable corporation kennel, or veterinary
kennel may only be allowed by Special Permit in B-2, I-1, I-2, I-3,
I-4, H-1, and R-1, R-2, R-3, and R-4 Zones.
C. Criteria. Any owner or keeper of dogs who seeks to engage in a use
defined as a commercial boarding or training kennel, commercial breeder
kennel, domestic charitable corporation kennel, or veterinary kennel
shall first obtain a Special Permit for a commercial boarding or training
kennel, commercial breeder kennel, domestic charitable corporation
kennel, or veterinary kennel from the Zoning Board of Appeals.
D. Conditions. The applicant shall meet all the requirements in applying
for a Special Permit plus the following:
(1)
A Site Plan drawn within three months of applying for a Special
Permit and stamped by a registered Land Surveyor that is licensed
to do work in Massachusetts. The Site Plan shall include all existing
conditions, proposed conditions, property lines, metes and bounds,
distances to nearest structures, buffer areas and areas that will
be used for runs and/or pens, fences, and storage and/or disposal
of dog waste and/or waste products, etc.
(2)
Areas used for outside activities (pens) shall be fenced in
with a solid wood or vinyl fence with a minimum height of six feet
and shall have a minimum of a 15 foot setback from the side or rear
property lines. There shall be no outside runs or pens within the
front yard.
(3)
The area between the property line and the fence shall be landscaped
with evergreens a minimum of four feet in height as to lessen the
noise being carried to abutting properties. Evergreens shall be planted
at least 30 inches apart along the entire property lines, and shall
be maintained and replaced immediately if they die.
(4)
Runs and pens whether inside or outside shall be provided and
shall be not less than 36 inches wide for a dog weighing not more
than 45 pounds, or 48 inches wide for a dog weighing more than 45
pounds. The minimum length of runs shall be 10 feet. Inside pens shall
be of the following sizes: for dogs weighing not more than 25 pounds,
five square feet per dog, for dogs weighing more than 25 pounds but
not more than 45, nine square feet per dog and for dogs weighing over
45 pounds, 16 square feet per dog.
(5)
Shelter from Inclement Weather. All dogs shall be provided access
to shelter which will protect them against inclement weather, preserve
the dog's body heat and keep them dry. The shelter shall be kept clean
and sanitary condition.
(6)
The applicant must have a plan in place for disposal of animal
waste.
(7)
The applicant must meet and maintain compliance with all other
federal, state, and local laws or regulations.
(8)
There shall be no dogs outside between sunset and sunrise.
(9)
The Animal Control Officer shall at any time inspect or cause
to be inspected any kennel and if, in their judgment, the kennel is
not being maintained in a sanitary and humane manner, if the kennel
is being operated in such a manner as to constitute a nuisance, or
if records are not properly kept as required by law, may by order
temporarily revoke or suspend said kennel license, refer the matter
to the Board of Selectmen for a hearing pursuant to applicable law,
and/or refer said matter to the Zoning Board of Appeals for enforcement,
suspension or revocation of said Special Permit.
[Added 5-5-2014 ATM,
Art. 44]
A. Purpose.
(1)
To provide for the establishment of Registered Marijuana Dispensaries
(RMDs) in appropriate places and under strict conditions in accordance
with the passage of Initiative Petition 11-11 (Question #3 on the
November, 2012 state ballot) and 105 CMR 725.100.
(2)
To minimize the adverse impacts of RMDs on adjacent properties,
residential neighborhoods, schools and other places where children
congregate, local historic districts, and other land uses potentially
incompatible with said facilities.
(3)
To regulate the siting, design, placement, security, safety,
monitoring, modification, and removal of Registered Marijuana Dispensaries.
B. Applicability.
(1)
The commercial cultivation (unless it meets the requirements for an agricultural exemption under MGL c. 40A, § 3), production, processing, assembly, packaging, retail or wholesale sale, trade, distribution or dispensing of Marijuana for Medical Use is prohibited unless permitted as an RMD under this §
415-38.4.
(2)
No RMD shall be established except in compliance with the provisions of this §
415-38.4.
(3)
Nothing in this bylaw shall be construed to supersede any state
or federal laws or regulations governing the sale and distribution
of narcotic drugs.
(4)
If any provision of this section or the application of any such
provision to any person or circumstance shall be held invalid, the
remainder of this section, to the extent it can be given effect, or
the application of those provisions to persons or circumstances other
than those to which it is held invalid, shall not be affected thereby,
and to this end the provisions of this section are severable.
C. General Requirements and Conditions for all Registered Marijuana
Facilities.
(1)
All non-exempt RMDs shall be contained within a building or
structure.
(2)
RMDs shall have a gross floor area of no less than 2,500 square
feet.
[Amended 5-2-2016 ATM,
Art. 77]
(3)
RMDs shall not be located in buildings that contain any office
used by a medical doctor/doctors, or the offices of any other professional
practitioner authorized to prescribe the use of medical marijuana.
(4)
Hours of operation of Registered Marijuana Facilities shall
be set by the Special Permit Granting Authority, but in no event shall
said facilities be open and/or operating between the hours of 8:00
p.m. and 8:00 a.m.
(5)
There shall be no smoking, burning or consumption of any product
containing marijuana or marijuana-related products on the premises
of an RMD.
(6)
RMDs shall not be located on a lot which abuts a Residential
Zoning District, a school, day care center, public playground, the
Rail Trail or athletic fields.
(7)
RMDs shall not be located inside a building containing residential
units, including transient housing such as motels and dormitories,
or inside a movable or mobile structure such as a van, truck or trailer.
(8)
Notwithstanding any provisions of Article
VI, §
415-45D of this bylaw, external signage for the RMDs shall not be illuminated except for a period of 30 minutes before sundown until closing and shall comply with all other requirements regarding signage; provided, however, that the Department of Public Health may further specify minimum signage requirements.
(a)
RMDs may develop a logo to be used in labeling, signage, and
other materials. Use of the medical symbols, images of marijuana,
related paraphernalia, and colloquial references to cannabis and marijuana
are prohibited from use in this logo.
(b)
Signs shall include the following language: "Registration card
issued by the MA Department of Public Health required." The required
text shall be a minimum of two inches in height.
(c)
Signs shall only identify the building by its registered name.
(d)
Signs shall not utilize graphics related to marijuana or paraphernalia
on the exterior of the building in which the RMD is located.
(9)
RMDs shall not display on the exterior of the facility advertisements
for marijuana or any brand name.
(10)
RMDs shall provide the Rockland Police Department, Building
Commissioner/Zoning Enforcement Officer with the names, phone numbers
and email addresses of all management staff and key holders to whom
one can provide notice if there are operating problems associated
with the establishment and update that list whenever there is any
change in management staff or key holders.
(11)
RMDs shall be open to the public by appointment only.
(12)
RMDs shall provide delivery service to Hardship Patients who
are unable to get to the Dispensary.
D. Special Permit Requirements.
(1)
A Registered Marijuana Dispensary (RMD) shall only be allowed by Special Permit from the Zoning Board of Appeals in accordance with MGL c. 40A, § 9, and §
415-89 of this bylaw, subject to the following statements, regulations, requirements, conditions and limitations.
(2)
A Special Permit for an RMD shall be limited to one or more
of the following uses that shall be prescribed by the Special Permit
Granting Authority:
(a)
Cultivation of Marijuana for Medical Use (horticulture) except
that sites protected under MGL c. 40A, § 3, shall not require
a special permit;
(b)
Processing and packaging of Marijuana for Medical Use, including
Marijuana that is in the form of smoking materials, food products,
oils, aerosols, ointments, and other products;
(c)
Retail sale or distribution of Marijuana for Medical Use to
Qualifying Patients;
(3)
In addition to the application requirements established by the
Zoning Board of Appeals rules, regulations, and elsewhere in this
bylaw, a Special Permit application for an RMD shall include the following:
(a)
The name and address of each owner of the establishment and
property owner.
(b)
Copies of all required licenses and permits issued to the Applicant
by the Commonwealth of Massachusetts and any of its agencies for the
establishment.
(c)
Evidence of the Applicant's right to use the site for the establishment,
such as a deed, or lease.
(d)
If the Applicant is a business organization, a statement under
oath disclosing all of its owners, shareholders, partners, members,
managers, directors, officers, or other similarly situated individuals
and entities and their addresses. If any of the above are entities
rather than persons, the Applicant must disclose the identity of the
owners of such entities until the disclosure contains the names of
individuals.
(e)
A certified list of all parties in interest entitled to notice
of the hearing for the Special Permit application, taken from the
most recent tax list of the Town and certified by the Town Assessor.
(f)
Proposed security measures for the Registered Marijuana Facilities,
including lighting, fencing, video monitoring, gates and alarms, etc.,
to ensure the safety of persons and to protect the premises from theft.
(g)
A site plan drawn and stamped by a certified land Surveyor licensed
to practice in Massachusetts showing all existing and proposed conditions
on the lot.
(h)
A Traffic Impact Report shall be prepared by a traffic engineer.
The report will be submitted to the Town's Engineer for review and
shall be paid for by the Applicant.
(i)
RMDs shall submit an application and receive approval for site
plan and design review done by the Planning Board.
(4)
Mandatory Findings. In addition to the findings required under §
415-38.4, the Zoning Board of Appeals shall not issue a Special Permit for an RMD Facility unless it finds that:
(a)
The establishment is designed to minimize any adverse visual
or economic impacts on abutters and other parties in interest, as
defined in MGL c. 40A, § 11.
(b)
The Applicant clearly demonstrates that it will meet all the
permitting requirements of all applicable agencies within the Commonwealth
of Massachusetts and is in compliance with all applicable state and
local laws and regulations.
(c)
The Applicant has satisfied all of the conditions and requirements
of this section herein.
E. Annual Reporting. Each RMD permitted under this bylaw shall as a
condition of its Special Permit file an annual report to and appear
before the Zoning Enforcement Officer and the Town Clerk no later
than January 31st, providing a copy of all current applicable state
licenses for the establishment and/or its owners and demonstrate continued
compliance with the conditions of the Special Permit.
F. Transfer of Special Permit. A Special Permit granted under this section shall have a term limited to the duration of the Applicant's ownership of the premises as a Registered Medical Dispensary. A Special Permit may be transferred only with the approval of the Zoning Board of Appeals in the form of an amendment to the Special Permit with all information required in this §
415-38.4.
G. Bond. The Zoning Board of Appeals shall require the Applicant to
post a bond at the time of construction/renovation to cover costs
for the removal of the RMD in the event the Town must remove the facility.
The value of the bond shall be based upon the ability to completely
remove all the items noted in Section 5.0 and properly clean the facility
at prevailing wages. The value of the bond shall be developed based
upon the Applicant providing the Zoning Board of Appeals with three
written bids to meet the noted requirements. An incentive factor of
1.5% shall be applied to all bonds to ensure compliance and adequate
funds for the Town to remove the improvement in compliance with law
at prevailing wages.
H. Abandonment or Discontinuance of Use.
(1)
A Special Permit shall lapse if not exercised within one year
of issuance.
(2)
An RMD shall be required to remove all material, plants, equipment
and other paraphernalia:
(a)
If any required permit or license is revoked or suspended by
the issuing authority;
(b)
Prior to surrendering its state issued licenses or permits;
or
(c)
Within six months of ceasing operations; whichever comes first.
[Added 5-7-2018 ATM,
Art. 67; amended 5-6-2019 ATM
by Art. 12]
A. Purpose.
(1)
To provide for the placement of marijuana establishments in
appropriate places under conditions in accordance with the provisions
of M.G.L. c. 94G and in compliance with any state regulations issued
thereunder.
(2)
To minimize the adverse impacts of marijuana establishments
on adjacent properties, residential neighborhoods, schools, other
places where children congregate and other sensitive land uses.
(3)
To regulate the siting, design, placement, security, safety,
monitoring, modification and discontinuance of marijuana establishments.
B. Applicability.
(1)
Marijuana establishments shall not be established except in compliance with the provisions of §
415-19D and this §
415-38.5.
(2)
Nothing in this section shall be construed to supersede federal
or state laws governing the sale and distribution of narcotic drugs.
(3)
If any provision of this section or the application of any such
provision to any person or circumstances shall be held invalid, the
remainder of this section, to the extent it can be given effect, or
the application of those provisions to persons or circumstances other
than those held invalid, shall not be affected thereby, and to this
end the provisions of this section are severable.
C. General requirements.
(1)
All marijuana establishments shall be contained within a secure
building or structure.
(2)
The hours of operation of marijuana establishments shall be
set by the Zoning Board.
(3)
No marijuana establishments shall be located within 300 feet
of a property boundary line of any lot in use as a private or public
school, college, licensed day-care facility, library, park, playground,
recreational or athletic fields or facility or similar place where
children typically congregate. The distance shall be measured in a
straight line from nearest exterior wall of the marijuana establishment/facility
or accessory structure associated with said use to the nearest property
boundary line of any property in use as a private or public school,
college, licensed day-care facility, library, park, playground, recreational
neighborhood, athletic fields or facility or similar place where children
typically congregate.
(4)
No smoking, burning or consumption of any product containing
marijuana or marijuana-related products shall be permitted on the
premises.
(5)
Marijuana establishments shall not be located inside a building
containing residential units, including transient housing such as
motels and dormitories, or inside a movable or mobile structure such
as a car, van, truck, trailer cargo container.
(6)
Marijuana establishments shall not have drive-through service.
(7)
No signage shall be permitted that contain designs or symbols
that depict or display in any way marijuana products, equipment or
plants, or other similar materials.
(8)
No outside displays or storage of marijuana, related supplies
or promotional materials are allowed.
(9)
All marijuana establishments shall be ventilated in such a manner
that no:
(a)
Pesticides, insecticides, or other chemicals or products used
in cultivation or processing are dispersed into the outside atmosphere.
(b)
Odor from marijuana cannot be detected by a person with a normal
sense of smell at the exterior of the building.
D. Special permit requirements.
(1)
A marijuana establishment shall only be allowed by special permit from the Zoning Board in accordance with M.G.L. c. 40, § 9, these Zoning Bylaws, including §
415-89, and subject to the following regulations, requirements and conditions.
(2)
No special permit shall be issued without a site plan approval by the Planning Board pursuant to Article
VIII, §§
415-58 and
415-59. At a minimum said site plan shall meet all dimensional, parking, landscaping and signage requirements.
(3)
Any applicant for a special permit shall have first executed
a so-called "host community agreement" with the Town governing the
responsibilities of the Town and the marijuana establishment and may
include a community impact fee of up to 3% of gross sales to be paid
to the Town.
(4)
The special permit shall limit marijuana establishments to one
or more of the following uses:
(b)
Marijuana product manufacturer.
(c)
Marijuana transportation or distribution facility as conditioned
by the Zoning Board with review by the Police Department.
(5)
In addition an application for a marijuana establishment shall
include the following:
(a)
Name and address with contact phone number and email of owner/applicant
of the facility.
(b)
Copies of all approved required licenses and permits (to said
same owner of the facility) by the Commonwealth of Massachusetts Cannabis
Control Commission and any of its other agencies for the facility.
(c)
Evidence of the applicant's right to use the site as a marijuana
establishment by means of a purchase and sales agreement, deed, owner's
authorization or lease.
(d)
Proposed security measures for the non-medical marijuana establishments
including; lighting, fencing, gates, alarms, surveillance cameras
etc., to ensure the safety of persons and products from theft. A letter
from the Rockland Police Chief, or designee, acknowledging review
and approval of the recreational marijuana retailer facility and its
security is required. To extent allowed by law, all such documents
submitted by the applicant to the Rockland Police Chief shall be confidential.
(e)
All application requirements for Site Plan approval as specified in §§
415-58 and
415-59 unless waived by the Planning Board.
(f)
Provide the Police Department with the names, phone numbers
and email addresses of all management staff and keyholders to whom
one can provide notice if there are operating problems associated
with the establishment and update that list whenever there is any
change in management staff or keyholders.
(6)
A marijuana establishment shall only be permitted hereunder
if the proposed marijuana establishment has been properly licensed
by the Commonwealth of Massachusetts, maintains compliance with all
state licensure requirements during its operations, and is operated
in compliance with all state laws and regulations, including without
limitation, 950 CMR 500 et seq., which are incorporated herein by reference to the extent
that the same do not conflict with permissible local regulations.
[Added 5-6-2019 ATM by
Art. 13]
E. Findings. The Zoning Board shall not issue a special permit to/for
a recreational marijuana establishment unless it finds the following:
(1)
The establishment is designed to minimize any adverse impacts
on abutters and other parties of interest, as defined in M.G.L. c.
40A, § 11.
(2)
The establishment demonstrates that it will meet all the permitting
requirements of all applicable agencies within the Commonwealth of
Massachusetts and will comply with all applicable state and local
laws and regulations.
(3)
The applicant has satisfied all of the conditions, findings
and requirements set forth herein.
F. Transfer of special permit. A special permit granted under this section
shall have a term limited to the duration of the applicant's ownership
of the marijuana establishment. A special permit may be transferred
only by the approval of the Zoning Board after a public hearing and
supported by all updated information required herein.
G. Abandonment or discontinuance of use. A special permit shall lapse
if not exercised within one year of issuance. A marijuana establishment
shall be required to remove all materials, plants, equipment and other
paraphernalia within three months of ceasing operations.