The purpose of the Bliss Corner Mixed Use District is to support
small businesses within the Bliss Corner/Dartmouth Street area to
function harmoniously as an economically viable, diverse and prosperous
mixed use community. Development within the Bliss Corner Mixed Use
District shall be pedestrian oriented and enhance the pedestrian experience.
This By-Law especially intends to create a zoning district that is
small business friendly while preserving the unique mixture of business
and residential, local historical character and scale of the Bliss
Corner/Dartmouth Street area.
The following uses are allowed in the Bliss Corner Mixed Use
District only by Special Permit granted by the identified Special
Permit Granting Authority in accordance with the criteria and procedures
as set forth in the By-laws and MGL Chapter 40A:
A. Senior residential services. "Senior Residential Services" include
residential facilities or developments which are occupied primarily
by persons 55 years of age and older, excluding their spouses or surviving
spouses from said age requirement, and which may or may not include
residential units occupied by resident staff personnel of any age.
(1)
Senior residential services as defined in this by-law currently
encompass over-55 independent living, nursing homes, assisted living
and adult day care facilities and can offer the full range of nursing
care from total assistance to independent living. Such residential
facilities may provide shared food preparation services, or independent
food preparation areas. In addition, common recreational, laundry,
social, medical and service facilities may be provided for the exclusive
use of residents.
(2)
The purpose of permitting senior residential services in the
Mixed Use District is to facilitate a mutually beneficial arrangement
between residents and businesses by providing convenient access to
services for residents and providing a steady customer base for business.
In addition, the Town has a significant interest in broadening its
housing choices for its aging population. Residential units can be
located in freestanding single-unit buildings or in multi-unit buildings.
(3)
Senior residential services may be allowed only by Special Permit
from the Planning Board. The Planning Board, in deciding whether to
grant a Special Permit, shall consider the following:
(a)
The impact of the proposed number of residential units and beds
in the facility on the neighborhood, affordability for residents,
quality of life, and provision for adequate open space, recreational
facilities, parking, landscaping, and design friendliness to pedestrians.
Residential units can be located in freestanding single-unit buildings
or in multi-unit buildings.
(b)
The architectural appearance of buildings is of a scale and
style which complements, is respectful of and preserves the character
of the neighborhood.
(c)
It must be demonstrated, and the Planning Board must agree and
so find, that the proposal has a positive impact on existing local
businesses.
(d)
Whether, and the extent to which the proposed use provides for
pedestrian improvements such as, but not limited to, benches, street
trees, lighting, and improved sidewalks adjacent to the site, in order
to enhance streetscape and to accommodate pedestrians making use of
the premises.
(e)
Whether, and the extent to which the proposed use encourages
or creates pedestrian and, if applicable, vehicular connections between
the residential units and business uses both on and off-site to promote
a mixed use environment.
(4) Once a Special Permit has been granted by the Planning Board, the
Planning Board may revoke or modify the Special Permit after holding
a public hearing in accordance with MGL Chapter 40A if any condition
of the Special Permit has not been adhered to.
B. Gas stations. "Gas Stations" are any premises where gasoline or other
petroleum products are dispensed into the fuel tanks of motorized
vehicles or boats. Gas stations may be allowed only by Special Permit
from the Planning Board.
(1)
The Planning Board, in deciding whether to grant the Special
Permit, shall consider the following:
(a) The proposed use will not create a traffic hazard or excessive traffic
congestion at the proposed location.
(b) Whether, and the extent to which the architectural appearance of
proposed buildings and canopies does not conform to standardized gas
station architecture and does not give the general appearance of a
gas station but is uniquely designed to complement, be respectful
of and preserve the traditional architecture and the character of
the neighborhood with respect to scale and style.
(c) Whether, and the extent to which the proposed use encourages vehicular
and, if applicable, pedestrian connections between the proposed gas
station and surrounding uses in order to integrate the gas station
into the mixed use environment.
(d) Whether, and the extent to which the proposed use provides for pedestrian
improvements such as, but not limited to, benches, street trees, lighting,
and improved sidewalks adjacent to the site in order to enhance the
streetscape character and to accommodate pedestrians making use of
the premises.
(2)
Once a Special Permit has been granted by the Planning Board,
the Planning Board may revoke or modify the Special Permit after holding
a public hearing in accordance with MGL Chapter 40A if any conditions
of the Special Permit have not been adhered to.
C. Stand alone parking lots. Stand Alone Parking Lots include all areas
devoted to or available for use by motor vehicles which shall include
but is not limited to parking stalls, access aisles, loading areas,
vehicle storage areas or any areas where motor vehicles have regular
access to and where the parking lot is the principal use on a lot
and not an accessory use, or is on a non-contiguous parcel to the
business it serves, or is operated commercially for profit. A Special
Permit from the Planning Board is required for any stand-alone parking
lot.
(1) The Planning Board in deciding whether to grant the Special Permit
shall consider the following:
(a)
The impact of the parking lot on the streetscape, and particularly
if the parking lot is located in an area between buildings which are
closely spaced, and how the architectural line of the street is maintained
through the use of hedging or architectural solutions.
(b)
Whether, and the extent to which the parking lot is reasonably
screened from abutting properties and streets. Preference shall be
given to landscape screening.
(c)
Whether, and the extent to which the proposed use provides for
pedestrian and, if applicable, vehicular connections between the parking
lot and surrounding uses in order to integrate the parking lot into
the mixed use environment.
(d)
Whether, and the extent to which the proposed use encourages
or creates pedestrian improvements such as, but not limited to, benches,
street trees, lighting, and improved sidewalks adjacent to the site
in order to enhance the streetscape and to accommodate pedestrians
making use of the premises.
(e)
The impact of the proposal on the character of the neighborhood.
(2) Once a Special Permit has been granted by the Planning Board, the
Planning Board may revoke or modify the Special Permit after holding
a public hearing in accordance with MGL Chapter 40A, if any condition
of the Special Permit has not been adhered to.
D. Auto repair. "Auto Repair" means any building, premises, or land
in or upon which a business service or industry involving the maintenance,
servicing, repair, or painting of motor vehicles is conducted or rendered.
All repair shall take place in an enclosed building with all areas
dedicated to auto repair, including storage, limited to 5,000 square
feet. Outdoor storage of autos, supplies, or parts shall be screened
from abutting streets and properties. Auto repair may be allowed only
by Special Permit granted by the Planning Board.
(1)
The Planning Board in deciding whether to grant the Special
Permit shall consider the following:
(a) The impact of the proposed use on the character of the neighborhood
and whether it protects and promotes the general health, safety, and
welfare of the community.
(b) The architectural appearance of buildings is of a scale and style
which complements, is respectful of and preserves the character of
the neighborhood.
(c) The impact to traffic congestion on adjacent streets.
(2)
Once a Special Permit has been granted by the Planning Board,
the Planning Board may revoke or modify the Special Permit after holding
a public hearing in accordance with MGL Chapter 40A if any condition
of the Special Permit has not been adhered to.
These regulations acknowledge the small size of existing lots
in the Bliss Corner Mixed Use District and allow use of these lots
if the standards of these by-laws are met. All uses in the Bliss Corner
Mixed Use District including uses allowed by Special Permit or exempted
by MGL Chapter 40A, Section 3, shall meet the development standards
below, as applicable and as according to MGL Chapter 40A, Section
3:
A. Lot area. The minimum lot area shall be 5,000 square feet. More than
one use is allowed on a lot.
B. Frontage. The minimum frontage for lots shall be 50 feet.
C. Setbacks. The purpose of these setback requirements is to preserve
the character of the Bliss Corner/Dartmouth Street area by maintaining
architectural continuity, to provide access within lots and for maintenance
of the buildings located thereon.
(1)
Setback dimensions. Any building or structure placed on a lot,
whether temporary or permanent, shall meet the following minimum setback
requirements as stated below:
|
Minimum Setback
|
---|
|
1-Story* Building
|
2-Story* Building
|
3-Story* Building
|
---|
From street right-of-way lines or vehicular easement lines
|
5 feet1
|
10 feet
|
15 feet
|
From all other perimeter lot lines
|
5 feet2
|
10 feet
|
15 feet
|
*
|
A story shall not exceed 10 feet in height (excluding the roof).
|
1
|
Except that a passageway at least 10 feet wide must be available
from a street right of way to the opposite side of the building on
at least one side of the building.
|
2
|
Except that a passageway at least 10 feet wide must be available
from a street right of way to the opposite side of the building on
at least one side of the building.
|
(2)
Exemptions from setback requirements. Buildings or structures which are legally in existence prior to (Town Meeting date) shall be considered to be in compliance with §
375-17.4C and are allowed to expand along the setback line or lines of the existing building/structure to a point which intersects another existing setback line of the same building/structure or to a point that intersects the setback line defined in §
375-17.4C, whichever is less restrictive.
(a)
Exempt expansions shall not exceed the height of the part of
the existing structure/building being expanded except where the expansion
is outside the current setback and the height is otherwise allowed
by these Zoning By-laws.
(b)
Signs, fences, stonewalls, retaining walls and boundary delineation
structures are exempt from these setback requirements.
D. Height. The maximum height of all buildings or freestanding structures
shall be 35 feet. Add on structures placed on top of buildings or
structures shall not exceed 45 feet in height. Height shall be measured
from the average of the finished grade at the foundation around the
building or structure to the highest part of the building/structure
or to the average level of the highest gable or slope of a hip roof.
Where add on structures exceed 35 feet in height, the add on structure
shall be setback from all property lines at least 1/2 the height of
the add on structure. The height of the add on structure shall be
measured from the average finish grade at the foundation. Add on structures,
for purposes of this subsection, means spaces not used by persons
whether for living, working, sleeping, eating, cooking, recreation,
storage or a combination thereof. Examples of add on structures are
chimneys, decorative cupolas, or antennae. Chimneys are excluded from
the 1/2 the height setback described above.
E. Percentage of lot coverage.
(1)
In the Bliss Corner Mixed Use District, all uses on a lot which
include, but are not limited to: buildings, structures, driveways,
parking areas, gravel areas, walks, patios, storage areas, impermeable
surfaces, etc. shall not cover more than 70% of the lot. Natural areas
such as landscaping, gardens, lawns, etc. are not regulated within
the lot coverage.
(2)
Lot coverage can be increased by an additional 20% (up to a
maximum of 90%) only if all lot coverage above 70% is in semi-permeable
pavement such as, brick, cobblestone, stone or concrete pavers. Each
paver shall not be larger than two square feet and shall not be cemented
in place. The purpose of this bonus is to encourage removal of impervious
blacktop or concrete and replace it with attractive, semi-permeable
paving which improves the environment and appearance of the Bliss
Corner/Dartmouth Street area.
F. Parking and driveways.
(1)
General requirements.
(a)
The following uses shall not require any off-street parking
spaces:
[1] Retail services, retail sales, professional or
business offices, museums, art galleries, libraries and limited production
of goods occupying a floor area of 1,500 square feet or less.
[2] Restaurants with 16 seats or less.
[3] Educational uses with 10 students or less.
(b)
As long as the above uses are independent businesses, more than
one of the above qualified uses can occupy a property and be individually
exempt from the Parking requirements stated in this section. Once
one of the above uses exceeds one of the above thresholds, the full
parking requirement below shall apply for that use. For example, a
sixteen-seat restaurant would not require any parking spaces, but
a seventeen-seat restaurant would require six parking spaces.
(c)
All other uses not listed above shall require off-street parking
spaces in accordance with the following table (Fractional numbers
shall be rounded up):
Use
|
Number of Parking Spaces Required
|
---|
Aquaculture
|
0
|
Auto Repair
|
1 per max. number of employees per shift
|
Boat Repair
|
1 per max. number of employees per shift
|
Business Apartments
|
1 per apartment
|
By-Right Bed-and-Breakfast
|
1 per 2 lodging rooms
|
Educational Uses (more than 10 students)
|
1 per 2,000 s.f. of bldg.
|
Fire District Uses
|
0.5 per max. number of employees per shift
|
Funeral Homes
|
1 per max. number of employees per shift
|
Garages, Sheds, Storage bldgs.
|
0
|
Gardens
|
0
|
Gas Stations
|
1 per max. number of employees per shift
|
Limited Production of Goods
|
1 per 1,000 s.f. of bldg.
|
Medical Offices
|
1 per 1,000 s.f. of bldg.
|
Municipal Uses
|
0.5 per max. number of employees per shift
|
Museums, art galleries, libraries
|
1 per 2,000 s.f. of building
|
Place of Worship
|
1 per 10 seats/occupants
|
Professional or Business Offices
|
1 per 1,000 s.f. of bldg.
|
Real Estate Signs
|
0
|
Recreational Uses
|
1 per max. number of employees per shift
|
Restaurants
|
1 per 3 seats over 16 seats
|
Retail Sales
|
1 per 1,000 s.f. of bldg.
|
Retail Services
|
1 per 1,000 s.f. of bldg.
|
Senior Residential Services
|
1 per max. number of employees per shift
|
Social Clubs
|
1.5 per max. number of emp. per shift
|
Storage of Boats and Accessories
|
0
|
Wireless Communication Sites
|
0
|
(d)
The number of off-street parking spaces required may be reduced
at a rate of one space per each contiguous 17 feet of the lot frontage
that is lawfully available for parking.
(e)
A Special Permit may be issued by the Planning Board to reduce the number of parking spaces required, by up to 1/2. The applicant shall demonstrate through the submission of a parking plan that the full number of parking spaces as required by the provisions of Article
24 can be accommodated on site. The Planning Board may reduce the required number of parking spaces if any one of the following apply:
[1] The parking spaces could be built on-site but the
proposed use is such that it can be demonstrated that the full number
is not needed, and the area devoted to such parking space area will
be kept as landscaped space.
[2] The mix of uses are such that parking demand is
at different times.
[3] The reduction in spaces will minimize stormwater
runoff in an area experiencing flooding or water quality deterioration.
[4] The reduction in spaces will benefit the neighborhood
by providing additional green space as a buffer to nearby homes and
would reduce the impacts of parking vehicles.
(f)
In granting the Special Permit, the Planning Board shall find
that the proposed reduction in parking spaces will not contribute
to congestion in the neighborhood, and may add Conditions to protect
the neighborhood and ensure that the above reasons to grant the Special
Permit are followed.
(2)
Standards for parking facilities of four or less parking spaces. Parking facilities with four or less parking spaces in accordance with Subsection
F(1) above are exempt from the requirements of Article
24 but shall meet the following requirements:
(a)
Each parking space shall be at least 17 feet long by nine feet
wide.
(b)
Driveways and parking areas shall consist of an improved and
graded surface, such as but not limited to gravel, cobblestone, brick,
asphalt or concrete. If driveways are improved with loose material
such as gravel or shell, a firm driveway apron of non-loose material
shall be provided from the edge of the road to within five feet inside
of the property.
(c)
The maximum width of driveways/parking spaces at and to a point
five feet from the street line shall be 20 feet.
(d)
Parking facilities shall be setback at least two feet from perimeter
lot lines. This perimeter lot line setback shall not apply to the
lot lines that common driveways cross.
(3)
Parking facilities with five or more spaces, whether in accordance with Subsection
F(1) above or voluntarily, shall be subject to the provisions of Article
24 of the Zoning Bylaws; provided, that the provisions of Article
24 relating to the number of required parking spaces shall not so apply.
G. Lighting.
(1)
All artificial lighting located in the Bliss Corner Mixed Use
District shall not contribute to light pollution or create a nuisance
as a result of glare onto streets or abutting property. Lighting units
shall not be located higher than 14 feet.
(2)
All light sources shall be shielded from above and the light
source directed downward to illuminate only the premises. Exception
to this downward shielding requirement is allowed for historical styles
which complement the Bliss Corner/Dartmouth Street area.
H. Architectural appearance of buildings.
(1)
Buildings under 500 square feet in total area are exempt from the architectural appearance standards of this §
375-17.4H. Buildings, whether existing or new, located in designated Historic Districts which have architectural review requirements and buildings serving exempt uses under Massachusetts General Law do not need to comply with this subsection. Temporary structures for the storage and repair of boats are exempt from this subsection. A pre-existing, non-conforming structure with respect to these architectural requirements may be expanded, as long as the expansion complies with all other requirements of this bylaw.
(2)
All buildings of 500 square feet or greater area within the
Bliss Corner Mixed Use District shall meet the following requirements:
(a)
All buildings shall have a pitched gable roof with a minimum
eight pitch (12 inches horizontal, eight inches vertical).
(b)
No building shall have a straight wall longer than 50 feet without
an offset in the wall of at least three feet.
I. Pedestrian/bicycle improvements. The purpose of requiring pedestrian
and bicycle improvements is to encourage non-automotive, alternative
means of access within the Bliss Corner Mixed Use District. The densely
developed character of the Bliss Corner Mixed Use District adjacent
to residential areas lends itself to access by pedestrians and bicyclists.
The following improvements shall be required for buildings greater
than 2,000 square feet:
[Amended 6-2-2015 ATM
by Art. 22, approved 9-3-2015]
(1)
A minimum four-foot wide, concrete sidewalk along the frontage
of the lot.
(2)
A landscaped foundation planting on the street side of the building,
at least five feet wide, along the entire length of the foundation,
except for access to building doors or garage doors.
(3)
Street trees at a spacing of one tree for each 50 feet of frontage.
J. Utilities. All water, sewer, gas, electric, telephone and other utility
services shall be underground.
K. Trash disposal.
(1)
If an exterior dumpster is used, the following standards apply:
(a)
Dumpsters shall be kept closed and of a design which prevents
access by animals and minimizes odors.
(b)
Dumpsters shall be enclosed by solid walls/fences/gate on four
sides to a height at least one foot above the dumpster. The bottom
of the enclosure shall be of an impervious easily cleaned surface.
(2)
Restaurants which provide food, which can easily be eaten outside
or off the premises, shall provide a waste container outside the building
readily available for use by customers.
L. Loading areas. Loading areas can consist of a designated space identified
with a sign at least two square feet minimum. The sign shall indicate
that the space is for loading only.
M. Noise limits. Noise levels emanating from air conditioners, fans,
vents, loading areas, machinery, or normal operations on the premises
(including persons) shall not exceed 60 dba at the lot line. This
noise limit does not apply to municipal or fire district public safety
alert devices.
N. Other development standards. If the land is located in one of the
following zoning overlay districts, additional development standards
may be imposed as set forth in the applicable article of the Zoning
By-laws:
Zoning Overlay District
|
Article of Zoning By-Laws
|
---|
Waterfront Overlay District
|
26
|
Flood Prone Land District
|
27
|
Aquifer Protection District
|
28
|
FAMILY
A family shall consist of one or more persons who live together
and form a single housekeeping unit. Indications of a single housekeeping
unit may consist of but are not limited to shared living spaces, cooking,
sanitary facilities, use of utilities or table board. If more than
one person, a family shall be limited to one of the groups listed
below:
A.
A group of persons related by blood, adoption or marriage.
B.
If not related by blood, adoption or marriage, a group of persons
not to exceed four.
C.
A group of handicapped or disabled persons as allowed in MGL
Chapter 40A, Section 3.