A.
General - Adequate off-street parking must be provided to service
all parking demand created by new construction, whether through new
structures or additions to old ones, and by the change of use of existing
structures.
[Amended 10-21-1993 STM,
Art. 16]
(1)
Such parking shall be on the same premises as the activity which
it serves or within three hundred (300) feet on a separate parcel,
which may be jointly used with other premises for this purpose, provided
that the continued joint use of such parcel be ensured through an
agreement recorded in the Registry of Deeds.
(2)
No parking or garaging of any vehicle in excess of fifteen thousand
(15,000) pounds gross vehicle weight shall be permitted in the VC,
VR and RR Districts except by special permit.
B.
Schedule of Parking Area Requirements - In applying for a building
or occupancy permit, the applicant must demonstrate that the following
minimums will be met for the new demand without counting existing
parking. However, these minimums may be reduced by the Special Permit
Granting Authority (Planning Board or Zoning Board of Appeals as specified
in these Bylaws) upon its determination that special circumstances
render a lesser provision adequate for all parking needs.
[Amended 11-29-1999 STM,
Art. 1; 4-29-2005 ATM, Art. 28]
(1)
Dwellings: two (2) spaces per dwelling unit.
(2)
Motels, hotels and lodging houses: one (1) space per guest unit,
plus one (1) additional space per eight (8) guest units or fraction
thereof.
(3)
Professional offices: one (1) space per one hundred fifty (150)
square feet of leasable floor area.
(4)
Retail stores and offices: one (1) space per two hundred (200)
square feet of leasable floor area.
(5)
Places of assembly: one (1) space per three (3) seats, or one
(1) space per 12 square feet of seating area, whichever is greater.
(6)
Hospitals: one (1) space per bed.
(7)
Nursing homes: one (1) space per four (4) beds.
(8)
Bowling alleys: four (4) spaces per lane.
(9)
All others: as determined by the Building Inspector.
C.
Parking Area Design - No off-street parking area shall be maintained
within twenty (20) feet of a street right-of-way line. All required
parking areas, except those serving single-family residences, shall
be paved and have bumper or wheel guards where necessary for safety
reasons or to prevent damage to structures.
[Amended 2-3-1993 STM,
Art. 3; 11-29-1999 STM, Art. 1]
(1)
Parking area use shall not require backing onto a public way.
(2)
Driveways.
(a)
Center lines of driveways egressing onto a state-numbered or
state-maintained highway or onto a street improved under the Chapter
90 program, shall observe minimum separations as follows, unless precluded
by lot configuration in existence on the date of adoption of this
Zoning Bylaw:
(b)
No existing parcel shall be subdivided into lots with frontage
which would preclude meeting these requirements unless access rights-of-way
are provided across adjoining lots. Driveways subject to this section
shall have four hundred (400) feet of visibility in each travel direction
and shall each comprise not more than two (2) travel lanes, each not
more than twelve (12) feet in width at the lot line.
(3)
Parking lots for eight (8) or more cars shall be screened from
any residential use or district which is abutting or separated from
it only by a street. Screening shall be by a four-foot wide planting
strip maintained with densely planted shrubs four (4) feet high or
greater or by a fence not less than four (4) feet high and shall be
landscaped as required by § 125-Article III-3-F, Landscaping.
(4)
Parking for rear lots in a Commercial or Village Center District
shall be a minimum of forty (40) feet from all residential districts.
Screening for parking areas adjacent to residential and Village Center
Districts shall be provided by the planting of dense, hardy evergreens,
no more than six (6) feet on center and no less than five (5) feet
in height.
[Amended 4-29-2005 ATM,
Art. 28]
(5)
Parking lots shall be designed so as not to direct drainage
onto adjacent properties through the use of swales, retention areas
and other drainage methods to control stormwater runoff.
(6)
Driveways for rear lots shall be screened from adjacent residential
districts by a buffer a minimum of ten (10) feet wide which shall
be densely planted and maintained with shrubs not less than five (5)
feet high.
(7)
Parking for nonresidential uses shall be located to the rear
or side of the lot to the maximum extent possible.
[Added 4-29-2005 ATM,
Art. 28]
D.
Loading Requirements - Adequate off-street loading facilities and
space must be provided to service all needs created by new construction,
alterations to existing structures, or by change of use of existing
structures. Facilities shall be so sized and arranged that no trucks
need back onto or off of a public way or be parked on a public way
while loading, unloading or waiting to do so.
[Amended 2-3-1993 STM,
Art. 3; 11-29-1999 STM, Art. 1]
(1)
On rear lots in a Commercial or Village Center District, no
off-street loading facility shall be located on the side of a building
facing towards a residential district.
E.
Lighting.
[Added 2-3-1993 STM,
Art. 3; amended 4-29-2005 ATM,
Art. 28]
(1)
Any outdoor lighting fixture newly installed or replaced shall
be shielded so that it does not produce a strong, direct light beyond
the property boundaries and the light emitted shall be white in color.
(2)
No light standard shall be taller than sixteen (16) feet.
(3)
Lighting fixtures shall be consistent with the historic character
of the district.
(4)
No uplighting of signs or buildings shall be permitted.
F.
Landscaping - Landscaping required for parking areas shall be in
accordance with § 125-Article III-3-F, Landscaping.
[Added 11-29-1999 STM,
Art. 1]
G.
Pedestrian Access - Provision for safe and convenient pedestrian
access shall be provided according to the requirements of § 125-Article
VI-1-B, Site Plan Review.
[Added 4-29-2005 ATM,
Art. 28]
A.
Residential Districts - In residential districts, including lots
in the Village Center District whose primary access is not from Route
116, the following signs are permitted:
[Amended 4-27-1984 ATM,
Art. 24; 11-29-1999 STM, Art.
1]
(1)
For a residence or permitted accessory use, one (1) sign not
over four (4) square feet in area is allowed.
(2)
For permitted buildings, structures and uses of the premises
other than one- or two-family dwellings and accessory uses, one (1)
sign not over ten (10) square feet in area is allowed.
(3)
Temporary, unlighted signs pertaining to the construction, lease
or sale of the premises are allowed, provided that such signs do not
exceed sixteen (16) square feet in total area.
(4)
No sign in residential districts shall be illuminated after
9:00 p.m.
[Added 4-27-1984 ATM,
Art. 25; formerly located in Subsection 2-C-(6).]
B.
Commercial Districts - In commercial districts, including lots in
the Village Center District whose primary access is from Route 116,
signs advertising the name of the firm and the products and services
produced or available on the premises are permitted only as follows:
[Amended 4-29-1983 ATM,
Art. 16; 4-27-1990 ATM, Art. 15]
(1)
Signs or advertising devices attached to structures.
[Amended 4-29-2005 ATM,
Art. 28]
(a)
One (1) sign or advertising device attached flat against the
wall of a building which does not project above the wall to which
it is attached and which does not project more than twenty-four (24)
inches from the building will be allowed for each firm or business
on the premises with the following conditions:
(b)
One (1) additional sign for each firm may be attached to a marquee
which is an integral part of the building or attached flat against
the wall next to the entranceway, provided that the total area of
such a sign does not exceed four (4) square feet in area.
(2)
In addition, one (1) sign or other advertising device of a freestanding
nature may be erected:
(a)
For a business complex, a sign with the name of the complex
[this portion of the sign cannot exceed twenty (20) square feet in
area and five (5) feet in length], beneath which the name of each
firm or business in the complex may be incorporated or attached. Such
names shall be in letters not to exceed three (3) inches in width
and four (4) inches in height, and the total length of such names
shall not exceed the width of the business complex sign.
[Amended 4-29-2005 ATM,
Art. 28]
(b)
For a business or firm not within a business complex, a sign
or advertising device not to exceed twenty (20) square feet in area
or five (5) feet in length.
[Amended 4-29-2005 ATM,
Art. 28]
(c)
All such freestanding signs:
[1]
Shall be located in accordance with the minimum
yard setback requirements.
[Amended 11-29-1999 STM,
Art. 1]
[2]
Shall have bottom capping at least thirty (30)
inches off the ground. The intervening space may be filled with open
lattice work or platform decorative trim.
[3]
Shall not exceed fifteen (15) feet in height.
[4]
Shall not block visibility in either travel direction.
(d)
In lieu of a freestanding sign, one (1) sign may be placed above
a one-story commercial building, provided that the area of said sign
does not exceed sixteen (16) square feet in area and it is not more
than fifteen (15) feet above the ground.
[Amended 11-29-1999 STM,
Art. 1]
C.
General Sign Restrictions.
(1)
Signs, announcements or bulletin boards not exceeding sixteen
(16) square feet in area are allowed in all zoning districts in connection
with public, charitable or religious uses.
(2)
No sign or advertising device shall project over any pedestrian
or vehicular way customarily used by the public.
(3)
No exterior sign or advertising device shall incorporate motion
or be lighted by flashing or blinking lights or utilize a change in
light intensity.
(4)
All illumination of signs or other advertising devices shall
be shielded or indirect. No uplighting of signs shall be permitted.
(5)
No nonaccessory sign or billboard shall be allowed.
[Editor's Note: Former Paragraph (6) moved to Subsection 2-A(4)
Residential Districts.]
|
(6)
No exterior sign shall be illuminated during the hours the business
is not open.
[Added 4-27-1984 ATM,
Art. 26]
(7)
Street signs at intersections for public or private ways serving
three (3) or more dwelling units shall be allowed in all districts.
Such signs are not to exceed two (2) feet six (6) inches in length
or ten (10) inches in width. They shall be placed not less than seven
(7) feet nor more than eight (8) feet from ground level.
[Added 4-27-1990 ATM,
Art. 16]
D.
Signs Allowed with Special Permit - The Board of Appeals may grant
special permits as follows:
(1)
For changes in existing signs on nonconforming uses in Residential
and Village Center Districts, provided that such changes are within
the limits established for the Commercial Districts and not detrimental
to the neighborhood.
[Amended 11-29-1999 STM,
Art. 1]
(2)
For a directional or identification sign in any district where
such sign will serve the public convenience and not be detrimental
to the neighborhood with respect to size, location or design.
(3)
Signs for allowed business uses within the Village Center District
on parcels with primary access from roads other than Route 116, provided
that the signs meet all requirements established for commercial districts
and they are not detrimental to the neighborhood.
E.
Temporary Signs - Temporary signs are allowed only if conforming
to the requirements of permanent signs for the district unless otherwise
allowed for in this section. Temporary signs may be used in addition
to other signs but must conform to the following conditions:
[Amended 4-27-1990 ATM,
Art, 17; 4-13-1993 STM, Art. 43]
(1)
Signs up to sixteen (16) square feet advertising rental or sale
of the premises are permitted. Such signs must be removed within seven
(7) days after the sale or leasing of the property.
(2)
Signs up to thirty-two (32) square feet may be used to advertise
public, religious and/or charitable events and left in place for no
more than thirty (30) days.
(3)
Signs advertising seasonal farm stands may be up to thirty-two
(32) square feet if in the Commercial District and up to sixteen (16)
square feet if in a Residential or Village Center District and left
in place during the growing season or for not more than six (6) months,
whichever is shorter.
(4)
Contractor's signs shall not exceed sixteen (16) square feet
in area, and only one (1) sign per property may be used, and it must
be removed within seven (7) days of completion of the work.
(5)
Traffic control signs for special events, not to exceed nine
(9) square feet in area, may be in place twenty-four (24) hours before
the event and must be removed within forty-eight (48) hours after
the event.
(6)
Political signs not exceeding sixteen (16) square feet in area
may be in place for no more than a total of thirty (30) days and must
be removed within seven (7) days following the polling date.
(7)
Temporary signs painted or placed inside a window, but facing
the outside, are not to exceed fifty percent (50%) of the window area.
(8)
All temporary signs over ten (10) feet high will require a building
permit.
A.
Erosion Control - Site design and materials and construction processes
shall be designed to avoid erosion damage, sedimentation or uncontrolled
surface water runoff.
(1)
Grading or construction which will result in slopes of twenty-five
percent (25%) or greater should be minimized to the extent possible.
Grading or construction which will result in slopes of twenty-five
percent (25%) or greater on fifty percent (50%) or more of the lot
area or on thirty-two thousand (32,000) square feet or more of a single
parcel, even if less than half of the lot area, shall be allowed only
under special permit from the Board of Appeals, which shall be granted
only upon demonstration that adequate provisions have been made to
protect against erosion, soil instability, uncontrolled surface water
runoff or other environmental degradation. Applications and plans
for such special permits shall be referred to the Conservation Commission
for its advisory review.
[Amended 11-29-1999 STM,
Art. 1]
(2)
All slopes exceeding fifteen percent (15%) resulting from site
grading shall either be covered with topsoil to a depth of four (4)
inches and planted with vegetative cover sufficient to prevent erosion
or be retained by a wall constructed of masonry or reinforced concrete.
[Amended 11-29-1999 STM,
Art. 1]
(3)
No area or areas totaling two (2) acres or more on any parcel
or contiguous parcels in the same ownership shall have existing vegetation
clear-stripped or be filled six (6) inches or more so as to destroy
existing vegetation unless in conjunction with agricultural activity
or unless necessarily incidental to construction on the premises under
a currently valid building permit or unless within streets which are
either public or designated on an approved subdivision plan or unless
a special permit is approved by the Board of Appeals on the condition
that runoff will be controlled, erosion avoided and either a constructed
surface or cover vegetation will be provided not later than the first
full spring season immediately following completion of the stripping
operation. No stripped area or areas which are allowed by special
permit shall remain through the winter without a temporary cover of
winter rye or similar plant material being provided for soil control,
except in the case of agricultural activity where such temporary cover
would be infeasible.
(4)
The Building Inspector shall require information of the applicant,
in addition to that specified in § 125-Article VI-1-B, Site
Plan Review, as necessary for him to ensure compliance with these
requirements, including, if necessary, elevations at key locations,
description of vegetative cover and the nature of impoundment basins
proposed, if any.
(5)
Where resultant site grades will exceed fifteen percent (15%),
the Town shall require a performance bond to ensure compliance with
these requirements.
(6)
Hillside areas shall be retained with vegetative cover as follows:
Average Slope
(percent)
|
Minimum Percentage of Land
to Remain in Vegetation
| |
---|---|---|
10.0 - 14.9
|
25%
| |
15.0 - 19.9
|
40%
| |
20.0 - 24.9
|
55%
| |
25.0 - 29.9
|
70%
| |
30.0 and above
|
85%
|
B.
Riverfront and Stream Protection - No structure or parking area for
eight (8) or more cars, other than wharves or other structures requiring
proximity to the river, shall be constructed within one hundred (100)
feet of the mean high water line of the Connecticut River. No leaching
field shall be located within one hundred (100) horizontal feet of
any year-round stream or river. No dwelling or other nonagricultural
structure shall be constructed within the lesser of three hundred
(300) feet of the mean high water line of the Connecticut River or
one-half (1/2) the distance between the mean high water line of the
Connecticut River and the nearest Town road running parallel to the
Connecticut River. The preceding sentence shall not apply to a dwelling
or other nonagricultural structure on a lot fronting on School Street,
Bridge Street or Old Ferry Road. No dwelling or other nonagricultural
structure shall be constructed within three hundred (300) feet of
Long Plain Brook.
[Amended 9-27-1979 STM,
Art. 14; 6-19-1980 STM, Art. 1; 4-30-1982 ATM, Art. 21]
C.
Floodplains - Development within the one-hundred-year floodplain (land subject to a one-percent or greater chance of flooding in any given year), as shown on flood insurance maps issued by the Federal Insurance Administration (on file with the Planning Board, Building Inspector and Town Clerk), shall be allowed only if authorized by a special permit from the Board of Appeals. Such special permit shall be granted only upon determination by the Board of Appeals that the proposed development meets all other applicable requirements and will constitute no hazard to either site occupants or others. Where base flood elevation data is not provided on the above map, the applicant shall obtain any existing base flood elevation data, and it shall be reviewed by the Building Inspector for its reasonable utilization toward meeting the elevation or floodproofing requirements, as appropriate, of the State Building Code. [See also Ch. 157, Flood Hazard Areas, for requirements for water supply and sanitary sewerage systems.]
[Added 6-19-1980 STM,
Art. 1]
D.
Floodways - Within any floodway designated on Flood Boundary and Floodway Maps issued by the Federal Insurance Administration (on file with the Planning Board, Building Inspector and Town Clerk), all encroachments, including fill, new construction, substantial improvements to existing structures and other development, are prohibited unless certification by a registered professional engineer or architect is provided by the applicant demonstrating that such encroachment shall not result in any increase in flood levels during the occurrence of the one-hundred-year flood and that any encroachment complies with the floodplain requirements of the State Building Code. [See also Ch. 157, Flood Hazard Areas, for requirements for water supply and sanitary sewerage systems.]
[Added 6-19-1980 STM,
Art. 1]
E.
Disturbances and Noise - No use shall be allowed if it will cause
sound, noise, vibration, odor or flashing (except for warning devices,
temporary construction or maintenance work, parades, or recreational
or agricultural activities) perceptible without instruments more than
two hundred (200) feet from the boundaries of the originating premises
if in a commercial district. For uses adjacent to or within a residential
or Village Center District, no use will be allowed which causes sound,
noise, vibration, odor or flashing perceptible without instruments
beyond the boundaries of the originating premises. However, the Zoning
Board of Appeals may grant a special permit for gravel mining operations
not meeting these standards in cases where the Zoning Board of Appeals
determines that no objectionable conditions are thereby created for
the use of other affected properties and provided that a plan is cooperatively
developed between the applicant and any affected abutters that addresses
hours of operation, protection of groundwater, exterior lighting,
storage of hazardous materials, landscaping and berms to reduce noise,
and phasing and reclamation standards. If a plan cannot be cooperatively
developed between the applicant and the affected abutters, the Zoning
Board of Appeals may develop a plan, which is acceptable to itself,
that addresses hours of operation, protection of groundwater, exterior
lighting, storage of hazardous materials, landscaping and berms to
reduce noise, and phasing and reclamation standards.
[Amended 11-29-1999 STM,
Art. 1]
F.
Landscaping.
(1)
Parking lots for eight (8) or more cars shall contain or be
bordered within five (5) feet by at least one (1) tree per four (4)
cars. Trees shall be of two-inch caliper or larger and at least fifteen
(15) feet in height. Trees planted within the parking area, shall
be planted in curbed soil plots providing not less than forty (40)
square feet of unpaved soil area per tree. The interior of parking
lots with more than twelve (12) spaces shall be landscaped to provide
shade and visual relief by planting at least one shade tree in a curbed
soil plot or peninsula for each six (6) parking spaces. For example
a parking lot containing twelve (12) parking spaces would have at
least two (2) trees planted within the interior and one tree planted
on the perimeter, for a total of at least three trees. See also § 125-Article-III-1,
Parking and Loading Requirements.
[Amended 11-29-1999 STM,
Art. 1; 4-29-2005 ATM, Art. 28]
(2)
All outdoor sales display areas and all commercial outdoor recreation
must be screened from any adjacent residential use or district by
a wall, fence or densely planted evergreen trees or by shrubs three
(3) feet or more in height or be equivalently obscured by natural
vegetation. Contractor's yards, open storage and loading or service
yards shall be similarly screened from any adjacent residential district
or use and from any public way from which they would otherwise be
visible and shall not be located within any required front yard.
(3)
For commercial uses, a landscaped buffer strip at least fifteen
(15) feet wide, continuous except for approved driveways, shall be
established adjacent to any public road to visually separate parking
and other uses from the road. The buffer strip shall be planted with
grass, medium height shrubs [minimum four (4) feet in height planted
at least five (5) feet on center] and shade trees [minimum two-inch
caliper, planted at least every fifty (50) feet along the road frontage].
Artificial trees or plants may not be used to meet these requirements.
At all street or driveway intersections, trees or shrubs shall be
set back a sufficient distance from such intersections so that they
do not present a traffic visibility hazard.
[Added 2-3-1993 STM,
Art. 4; amended 11-29-1999 STM,
Art. 1]
(4)
A buffer zone and screening shall be required for commercial
uses on any lot in a Commercial District where it adjoins a lot in
a residential district. The buffer zone shall be at least thirty (30)
feet wide, except for driveways which shall be screened as noted in
§ 125-Article III-1-C-(6), Parking Area Design. Adjacent
to residential structures in residential districts, the screen shall
contain plantings or a wall, fence or berm complemented with plantings.
The screen shall be of sufficient density to provide at least seventy-five
percent (75%) of continuous opacity at a height of not less than five
(5) feet.
[Added 2-3-1993 STM,
Art. 4; amended 11-29-1999 STM,
Art. 1]
(5)
The above screening requirement (but not the buffer zone) shall
also apply to a lot in any Commercial or Village Center District for
a new commercial or institutional use where it adjoins an existing
residence.
[Added 2-3-1993 STM,
Art. 4; amended 11-29-1999 STM,
Art. 1]
(6)
All landscaped areas shall be maintained. Shrubs or trees which
die shall be replaced by the owner or occupant within one (1) growing
season.
[Added 2-3-1993 STM,
Art. 4]
G.
Earth Removal or Addition - The removal or addition from any premises
of more than fifty (50) cubic yards of sand, gravel, stone, topsoil
or similar materials within any twelve-month period shall be allowed
only with a special permit from the Board of Appeals. If a special
permit for removal or addition is granted, the following shall be
required:
[Amended 4-26-1985 ATM,
Art. 10; 4-29-2011 ATM, Art. 7]
(1)
The application shall be accompanied by a plan or plans indicating
existing topography, base grades below which no excavation will take
place, proposed topography upon completion and existing and proposed
cover vegetation.
(2)
Excavation areas and processing equipment shall be screened
by buffer strips or other means, and noise and dust shall be controlled
to meet the requirements of § 125-Article III-3-E, Disturbances
and Noise.
(3)
Following removal or addition of materials, all impacted areas
shall be restored by grading to provide for drainage and for slopes
not to exceed one (1) foot vertical to two (2) feet horizontal and
by covering with four (4) inches of topsoil and by planting with cover
vegetation, which shall be established prior to the release of the
bond.
(4)
A performance bond shall be posted in an amount sufficient to
assure satisfactory fulfillment of the above.
H.
Radioactive Waste Disposal - No land within the Town of Sunderland
may be used for the collection, treatment, storage, burial, incineration
or disposal of radioactive wastes, including, but not limited to,
low-level waste. [See also Ch. 95, Recycling; Ch. 164, Landfill; and
Ch. A203, Rubbish, Collection of.]
[Added 4-30-1982 ATM,
Art. 22; amended 11-29-1999 STM,
Art. 1]
A.
Mobile Homes - Mobile homes or similar mobile structures designed
for living or business use shall not be parked, stored or occupied
for living or business purposes, except:
[Amended 4-27-1984 ATM,
Art. 29; 11-29-1999 STM, Art.
1]
(1)
If granted a temporary permit by the Select Board, a mobile
home or mobile structure may be occupied incidental to construction
of a permanent structure on the premises for a period not to exceed
one (1) year or for a period not to exceed thirty (30) days in any
calendar year, in conjunction with a carnival, blood bank or similar
function.
(2)
A mobile home may be stored accessory to a residence for a period
not to exceed six (6) months, provided that it is not placed within
a required yard as designated in § 125-Article II-3-E, Dimensional
Schedule, or occupied.
B.
Campers and Campgrounds.
(1)
Campers - Campers may be occupied either in a campground or
by nonpaying guests accessory to a residence for up to thirty (30)
days in any calendar year. Campers may be stored accessory to a residence.
(2)
Campgrounds - Campgrounds are allowed only with a special permit
from the Board of Appeals and following approval by the Board of Health
and shall conform to the following minimum requirements:
(a)
The minimum area of the parcel shall be five (5) acres.
(b)
Each rental plot shall be at least six thousand (6,000) square
feet.
(c)
Campers shall not be placed within eighty (80) feet of a street
or other lot line, unless dense natural vegetation or topography provide
effective screening, in which case a forty-foot separation may be
allowed.
[See also Ch. 119, Vehicles, Unregistered.] No person shall permit more than one (1) unregistered motor vehicle or trailer or major parts thereof, except for farm vehicles, to remain ungaraged on his premises at any time unless under a Class 1 or Class 2 license for sale of motor vehicles (MGL c. 140, §§ 57 through 69), or unless given written authorization by the Select Board, which shall be granted only if no hazard to health or safety is involved and no unsightly conditions visible from adjacent property or public ways are created.