Article XV Special Permit Conditions

The special permit granting authority may issue a special permit and site plan approval for the removal of sand, gravel, loam, sod or other earth materials from any property within the Town of Palmer in accordance with the Rules and Regulations for the Development, Operation and Closeout of Earth Removal Operations as adopted and amended by the SPGA.

An earth products excavation operation will only be permitted on those lots considered by the Planning Board to have suitable access onto roads of sufficient width and capacity to support maximum projected loads.

No permit for an earth products excavation operation shall be issued if such an operation will, in the opinion of the Planning Board, cause any of the following:

Endanger the public health and safety;

Constitute a nuisance;

Result in clear detriment to the normal use of adjacent property by reason of noise, dust or vibration;

Result in traffic hazards in residential areas or excessive congestion on, or physical damage to, public roads; and/or

(e)

Unacceptable depletion of natural resources other than the earth products proposed for excavation. In addition, no such operation shall be permitted in the WSP District if such operation will lower the level of the water table, interfere with the natural flow pattern of any watercourse, or reduce the flood storage capacity of any watercourse.

Any earth products excavation operation is subject to special permit and site plan approval as well as to the Rules and Regulations for the Development, Operation and Closeout of Earth Removal Operations as adopted and amended by the SPGA.

On-site crushing will not be allowed in any residential district except under the following circumstances, and only when all of the following can be met:

Crushing will only be allowed as a use incidental to earth removal.

Crushing will only be allowed at closeout where such activity is necessary to allow the removal of material and/or debris from the site.

The Planning Board shall have the authority to place limits on the hours and days of operation and duration of time such activity will be allowed.

Crushing will only be allowed by special permit when the applicant can demonstrate that there is a need for such activity in conjunction with closeout of the entire gravel operation or a portion of the operation.

On-site screening will not be allowed in any residential district except under the following circumstances, and only when all of the following can be met:

Screening will only be allowed as a use incidental to earth removal.

The Planning Board shall have the authority to place limits on the hours and days of operation and duration of time such activity will be allowed.

Screening will only be allowed when it is requested and approved as part of the special permit for earth removal and when the applicant can demonstrate that there is a need for such activity in conjunction with the operation.

Exemptions. The removal of earth material in any of the following operations shall be exempt from this section:

The removal of less than 500 cubic yards of material in the aggregate in any year from any one lot.

The transfer of material from one part of a lot to another part of the same lot.

The removal of material necessarily excavated in connection with lawful construction of a building, structure, street, driveway, sidewalk, path or other appurtenance, provided the quantity of material removed does not exceed that actually displaced by the portion of such building, structure, street, driveway, sidewalk, path or other appurtenances below finished grade.

Noncommercial earth products excavation as described below shall conform to the requirements set forth in Subsection C below.

Noncommercial earth products excavation.

The Planning Board may issue a special permit for earth removal to homeowners within the Town of Palmer when the undertaking of such operation is necessary to make the yard more usable, safer and/or aesthetically pleasing. An earth products excavation operation will only be permitted on those lots considered by the Planning Board to have suitable access onto roads of sufficient width and capacity to support maximum projected loads.

No permit for an earth products excavation operation shall be issued if such an operation will, in the opinion of the Planning Board, cause any of the following:

Endanger the public health and safety;

Constitute a nuisance;

Result in clear detriment to the normal use of adjacent property by reason of noise, dust or vibration;

Result in traffic hazards in residential areas or excessive congestion on, or physical damage to, public roads; and/or

(e)

Any noncommercial earth products excavation operation is subject to special permit and site plan approval as well as to the following conditions:

Any special permit and site plan approval issued for such an operation shall expire one year from the date of issue unless otherwise agreed upon. The applicant must file another special permit and site plan application for renewal of the operation for the following year or for any subsequent year in which operation is anticipated. The Planning Board reserves the right to deny renewal if, in its judgment, the operation has not satisfactorily conformed to the approved plan or to conditions as stated in the record of the Board.

The applicant shall pay all necessary public hearing fees and application review fees, if any.

The applicant shall also submit three sets of plans with the application for special permit containing the following:

A boundary survey of the parcel or parcels in question at a scale of no less than one inch equals 200 feet, prepared by a land surveyor registered with the Commonwealth of Massachusetts.

Topographic information showing existing contours, proposed contours at year's end, and ultimate contours at the time of site closeout, all at no more than two-foot intervals, prepared by a land surveyor registered with the Commonwealth of Massachusetts. The maximum slope in any operating area shall not exceed three feet horizontal to one foot vertical, and the maximum slope at close-out of any area shall not exceed four feet horizontal to one foot vertical.

[Amended 5-14-2001 ATM by Art. 29]

[3]

Delineation of naturally wooded areas on the site.

[4]

Provisions for drainage run-off.

[5]

Undisturbed buffer areas of at least 50 feet from any property boundary, at least 50 feet from any public way, and at least 150 feet from any building.

§ 171-63 Filling of water or wet areas.

All suitable topsoil, which exists at the beginning of the operation, shall be held in reserve. At the time of close-out of each operating area, a minimum thickness of three inches of fertile topsoil shall be placed over all disturbed areas to support vegetative growth. Plantings of a suitable type as determined by the Planning Board shall be installed and maintained at close-out of each operating area to effectively control erosion from water and wind.

(e)

No blasting and/or drilling whatsoever shall be permitted as part of the operation.

(f)

Hours of operation shall be not more than the following: Monday through Friday, 7:30 a.m. to 4:00 p.m., Saturday, 8:00 a.m. to 12:00 noon. No operation shall be allowed on Sundays and holidays unless specifically approved by the Planning Board.

(g)

The Planning Board reserves the right to require that the applicant's application and plans be reviewed by an outside consulting or engineering firm. If such a review is required, the expense of the review shall be the responsibility of the applicant. No special permits shall be granted until all fees have been paid.

(h)

The Planning Board may waive any portion of the earth excavation regulations of this chapter if, after considering and reviewing the information provided, the Planning Board finds that there are appropriate circumstances which warrant such action. However, following a hearing prior to which the applicant has been duly noticed, the Planning Board may revoke any previously granted waiver if, in its opinion, the public health, safety and welfare are judged to be sufficiently at risk if such waiver were to continue in effect.

(For earth removal operations, see Chapter 215, Part 2, of the Code of the Town of Palmer.)

For the filling in of any pond, lake, swamp, or other existing body of water or wet area where such filling is not covered by Article XIII, Floodplain District, or Article XIV, Water Supply Protection District; and where such filling in requires an amount of fill equivalent to 500 cubic yards or more, or where the area to be filled in exceeds 10,000 square feet and only subject to the approval by the Palmer Conservation Commission (prior to the filing an application for a special permit) under the applicable provisions of state law on inland wetlands, the following conditions apply:

A site plan shall be submitted as required in Article V, including the following additional information: the premises and surrounding area within 100 feet showing:

Existing and proposed contour lines at intervals of not more than two feet resulting from the proposed filling in, in relation to the topography of the premises.

A tie-in to the nearest road intersection.

§ 171-64 Filling of land other than water or wet areas.

A plan for lighting if night operation is contemplated.

Provision shall be made for temporary and permanent drainage of the site.

Fills shall be limited to terrace fills, which are not to exceed 10 feet at any one time nor be within 10 feet of an adjacent property line or any cut.

Regrading of all or parts of the slopes resulting from such fill shall be carried out.

At least six inches of topsoil shall be replaced over all filled or otherwise disturbed surfaces with seeding with a perennial cover crop, reseeded as necessary to assure uniform growth and soil surface stabilization.

Where any fill will have a depth of 10 feet or more and create a slope of more than one vertical in two horizontal, there shall be a substantial fence enclosing the fill at least six feet in height with suitable gates. Such fence shall be located 10 feet or more from the edge of the fill.

For the filling in of any land area where such filling operation is not covered by the provisions contained in Article XIII, Floodplain District, and Article XIV, Water Supply Protection District, of this chapter, or which is not excepted in Subsection A below, no such filling in of land shall proceed without first securing a special permit according to the regulations and procedures set forth in Article V of this chapter, subject to the provisions contained herein.

Exemptions. The filling in of any land area shall be exempt from this section, provided all of the following conditions are complied with:

A filling-in operation which does not exceed a total of 500 cubic yards of material.

A filling-in operation which does not exceed a total area of 10,000 square feet on any lot, land parcel or subdivision thereof.

A filling-in operation which is associated with acceptable agricultural land management practices, including, but not limited to, plowing and construction of agricultural structures; nursery operations, such as the removal and/or transplanting of cultivated sod, shrubs, and trees; logging operations.

Filling-in operations associated with refuse disposal and sanitary landfill facilities within the Town of Palmer and operated in accordance with all appropriate state and local regulations.

Filling-in operations necessary in connection with lawful construction of a building, structure, street, driveway, sidewalk, path or other appurtenance.

Filling, as a maintenance measure, or for landscaping purposes on existing developed lots or parcels, provided that the aggregate of area(s) affected does not exceed 10,000 square feet, the grade change does not exceed 12 inches at any point and does not alter the drainage patterns, and the filling-in does not involve a quantity of material in excess of 100 cubic yards.

Permit procedures. The procedure for granting a special permit shall be as set forth in Article V of this chapter for all special permits, except that special permits granted under this section shall be for a period not to exceed one year. For a continuation of an operation beyond a period designated in the initial permit, a new application must be made and a new special permit must be granted in the same manner as for the initial permit, except that the Board may waive requirements for submittal of materials required by this section. The applicant must request the waiver in writing. All other provisions relating to operational standards and permit procedures shall apply. A separate permit shall be required for each separate noncontiguous site, as for any expansion on the same site.

Required site plan. A site plan shall be filed with the Planning Board for any land which is to be filled and is covered by either Article XIII or Article XIV of this chapter and is not exempted under the provisions of Subsection A. Site plans for fill areas shall be prepared by a registered professional engineer or a registered land surveyor and reviewed according to the provisions of §§ 171-26 and 171-27. Submission of site plans shall include, in addition to the material required in §§ 171-26 and 171-27, the following:

The premises and surrounding area within 100 feet showing the area to be filled in, property lines within which the filling is proposed, and tie-in to the nearest road intersection, existing and proposed contour lines at intervals of not more than two feet resulting from the proposed filling in, in relation to the topography of the premises.

The location of any buildings, structures, utilities, sewers, water and storm drains within 100 feet of the site.

A certification of the quantity of fill involved.

Detailed plans of all temporary and permanent drainage provisions, retaining walls, cribbing, vegetative practices, erosion and sedimentation control measures and all other protective measures and devices utilized or constructed in connection with the area to be filled.

A timing schedule and sequence indicating the anticipated starting and completion dates.

Other plans, drawings or materials as may be required by the Building Inspector or the Planning Board.

Conditions. For the filling in of any land area subject to the provision of this § 171-64, the following conditions shall govern:

Provision shall be made for adequate temporary and permanent drainage of the site.

Fills shall be limited to terrace fills which are not to exceed 10 feet at any one time nor be within 10 feet of an adjacent property line or cut.

Regrading of all or parts of the slopes resulting from such fill shall be carried out.

At least three inches of topsoil shall be replaced over all filled or otherwise disturbed surfaces seeded or sodded with a perennial cover crop, reseeded or resodded as necessary to assure uniform growth and soil surface stabilization.

Filling of land area that falls within the superimposed Water Supply Protection District is prohibited unless otherwise allowed in Article XIV.

The planned filling in of any land area shall be consistent with any recreation, conservation and open space plan as prepared by the Town Planning Board and/or Conservation Commission.

Documentation shall be submitted as to the effect of such filling-in activities on drainage, both within the immediate area and sufficiently far downstream, as required by the Building Inspector and/or the Planning Board.

Provisions shall be made such that the filling in of any land area shall not impair surface drainage, constitute an erosion hazard nor act as a source of sedimentation to any adjacent land or watercourse.

Provisions shall be made such that the filling in of any land area does not impair the safe and efficient operation of any on-site sewage disposal or drainage facilities nor those located on adjacent properties.

(11)

Provisions shall be made to reduce the area and duration of exposure of fill material(s) and to reduce the velocity of run-off, both during and after the completion of the filling-in activity, in order to minimize the potential of soil erosion and siltation problems.

(12)

Provisions shall be made for the adequate control of dust during filling-in operations.

(13)

All disturbed fill areas shall be promptly seeded or sodded with a suitable ground cover and supplemented with other suitable plantings as soon as the season permits.

(14)

No final slopes shall exceed a slope of more than one foot vertical in four feet horizontal.

(15)

No filling in of land shall cause or permit any soil, earth, sand, gravel, rock, stone, loam, or other fill material, or water or liquid to be deposited upon or to roll, flow or work upon or over the premises of another without the express consent of the owner of such premises so affected; nor shall any filling in of land cause or permit any soil, earth, sand, gravel, rock, stone loam, or other fill material or water or liquid to be deposited, or to roll, flow, or wash upon or over any public street, street improvement, road, sewer, storm drain, watercourse, or right-of-way, or public property.

(16)

Such other conditions as may be deemed necessary and reasonable shall be imposed by the Planning Board in order to prevent damage to public or private property or any sewer, storm drain, or watercourse, or to prevent the filling in of land from being conducted in a manner hazardous to life or property, or in a manner likely to create a nuisance.[1]

Editor's Note: Original § 171-76 of the 2007 Code, Cluster development, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See now Art. XXI, Open Space Residential Development.

§ 171-65 Heavy public use.

For a special permit for the construction of, development of, or use of any lot for a heavy public use, the following conditions shall apply:

A statement shall be submitted indicating the need for the facility or use and the rationale for its development, the criteria used in selecting a site, and the location of all alternative sites considered, and the reasons for not selecting them.

A plan for the use of the site shall be submitted to the Building Inspector for transmittal to the Town Manager, showing, in addition to the material required in § 171-27, the following:

Two-foot contours on the parcel and within 50 feet thereof.

The location and dimensions of all buildings, structures, and exterior use areas, including all parking areas and driveways.

The location of buffer strips, screening provisions (with details attached), and areas to be preserved in a natural state, all these to be sufficient to preclude visibility of the uses and structures from adjoining parcels.

Such other facts as the Town Manager may require.

In considering an application for a heavy public use, the Town Manager shall be particularly cognizant of potential noise, odors, or other detrimental environmental nuisances which might be generated; of traffic and the ability of the local street network to accommodate increased traffic; of the ability of the utility systems to accommodate any increased demands which might be placed upon them by the proposed use; and of the applicable provisions of the adopted Comprehensive Plan of the Town.[1]

Editor's Note: Original § 171-79 of the 2007 Code, Temporary moratorium on recreational marijuana establishments and marijuana retailers, added 12-11-2017 by Ord. No. 2018-03, which followed this section, expired 7-1-2018 and has therefore been omitted from this chapter. See now the regulations regarding marijuana establishments and registered marijuana dispensaries in Art. XXIV of this chapter.

§ 171-66 (Reserved)

§ 171-67 Home occupations.

Requirements. All home occupations and special permits issued for home occupations shall comply with the following:

The home occupation must be clearly incidental and secondary to the use of the building or property for residential/dwelling purposes.

It must be conducted by the principal practitioner who occupies the main building as his/her bona fide residence, with no more than one other person engaged in the occupation except members of the immediate family also residing in such building.

It must not occupy more than 40% of the gross combined floor area of the main building and the accessory structure (if such accessory structure is utilized for said home occupation).

One sign may be displayed advertising the home occupation, provided:

It does not exceed two square foot in area.

[Amended 5-14-2001 ATM by Art. 29]

It is attached to the structure next to or on the entryway for said home occupation.

It is not illuminated.

Goods may only be offered for sale from the premises if the Planning Board expressly permits it in the issued special permit.

All goods sold must be produced or manufactured on the premises, or must be an accessory item to such goods, or to the services provided on the premises.

[Amended 6-16-2003 ATM by Art. 11]

The hours of operation shall be expressly stated in the special permit issued by the Planning Board.

The hours and frequency of deliveries of products and/or materials shall be expressly stated in the special permit issued by the Planning Board.

If said home occupation takes place in an accessory structure:

Constructed prior to the date of the adoption of this section, then said structure must conform to the setback requirements for accessory structures in that district;

Constructed after the date of the adoption of this section, then said structure must conform to the setback requirements for a principal structure in that district.

§ 171-68 Preexisting nonconforming uses, structures and lots.

It shall produce no noise, obnoxious odors, vibrations, glare, fumes or electrical interference which would be detectable to normal sensory perception beyond the lot line.

(11)

The portion of any structure utilized for a home occupation shall conform to all applicable fire, building, electrical, plumbing and health codes.

(12)

Prior to the commencement of any home occupation, a certificate of occupancy must be received from the Building Inspector for any structure, or portion thereof, used for said occupation.

All special permits for home occupations must be renewed once, immediately following the first year of operation. Said renewal process shall follow the same procedures as an original special permit submission. There is no guarantee that the permit will be renewed if the applicant has not met conditions in the previous year.

All special permits for home occupations are nontransferable and are specifically issued to a specific applicant for a specific home occupation.

All special permits are terminable by the SPGA for violation of any conditions upon which they are granted or upon violations of this section after hearing by the SPGA with notice to all interested parties.

Except as hereinafter provided, this chapter shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing on this chapter, but shall apply to any change or substantial extension of such use, to a building or special permit issued after the first notice of said public hearing, to any reconstruction, extension or structural change of such structure, and to any alteration of a structure begun after the first notice of said public hearing to provide for its use for a substantially different purpose or for the same purpose in a substantially different manner or to a substantially greater extent, except where alteration, reconstruction, extension or structural change to a single- or two-family residential structure does not increase the nonconforming nature of said structures.

Objectives. The provisions of this section are intended to achieve the following purposes:

Allow nonconforming situations to continue until they are discontinued or abandoned.

[Amended 5-14-2001 ATM by Art. 29]

Encourage change in nonconforming situations towards greater compliance with the provisions of this chapter and to reduce the degree of nonconformity. Where a nonconforming situation is proposed to be changed, to encourage greater conformity with all the provisions of this chapter and the objectives and procedures stated in this chapter.

To allow for the alteration, expansion or extension of a nonconforming use, subject to the issuance of a finding by the Planning Board or Zoning Board of Appeals as specified. Nonconforming uses in residential zones shall be subject to more restrictive standards than those in nonresidential zones.

To permit possible expansion of nonconforming buildings, provided there are no demonstrable adverse impacts on the adjoining properties.

In the event of the involuntary destruction in whole or part of a nonconforming situation, to permit the reconstruction of the nonconforming situation so that the owner, and tenants, if any, are not subjected to substantial economic loss while, at the same time, seeking to achieve greater conformity with the provisions of this chapter and to reduce any adverse impact on the surrounding area.

To permit the treatment of nonconforming situations to be varied by the type of zoning district and the type of nonconformity; i.e., to have a different approach for uses, structures, and parking lots.

Applicability.

Nonconforming situations. For the purpose of this chapter, "nonconforming situations" are those uses, buildings, structures, parking lots, parking spaces, loading bays, signs, landscaping and other activities that are now subject to the provisions of this chapter which were lawful before this chapter was adopted, or before amendments to this chapter which are applicable to the situation were adopted, and such situations do not now conform to the provisions of this chapter.

Noncomplying situations. For the purposes of this chapter, "noncomplying situations" are those uses, buildings, structures, lots, parking spaces, loading bays, signs, landscaping and other activities that are subject to the provisions of this chapter which were unlawfully created after this chapter was adopted or after amendments to this chapter which are applicable to those situations were adopted, and are in violation of this chapter and may be called "noncomplying situations."

[Amended 5-14-2001 ATM by Art. 29]

Noncomplying situations six years or older. In accordance with MGL c. 40A, § 7, any structure, or part thereof, which has been improved and used in accordance with the terms of a building permit issued by a duly authorized person may not be the subject of an enforcing action by the Town to compel the removal, alteration or relocation of said structure, or the abandonment, limitation or modification of the use allowed by said permit, unless enforcement action is commenced within six years from the date of the alleged violation of law. Uses and structures in existence for six years or more and which qualify under this section are considered to be nonconforming situations and are entitled to treatment as such, as provided in this section.

Noncomplying structures 10 years or older. In accordance with MGL c. 40A, § 7, any structure, or part thereof, which has not been in compliance with this chapter, or the conditions set forth in any special permit or variance affecting the structure, may not be the subject of an enforcement action by the Town unless enforcement action is commenced within 10 years from the date of the alleged violation of law. Structures in existence for 10 years or more and which qualify under this section are considered to be nonconforming situations and are entitled to treatment as such, provided that any proposed change, alteration or extension will not affect the noncomplying conditions. Any change, alteration or extension of the noncomplying condition shall be subject to the provisions of the chapter and require that form of relief which would otherwise be necessary to allow said change, alteration or expansion.

Limitations. A use, building, structure, lot, parking space, loading bay, sign, landscaping or any other activity which is nonconforming, but not noncomplying, may be continued but may not be increased, expanded or altered, except as may be specifically authorized by this section. If such nonconforming situation is abandoned or terminated, as set forth below, it may not be resumed except in compliance with this chapter.

Lawfully created situations. A use, building, structure, lot, parking area, loading bay, sign, landscaping or any other activity is considered to be lawfully created with respect to zoning requirements if:

It was in existence on June 16, 1980, when the zoning ordinance was originally adopted; or

Subsequent to June 16, 1980, it was permitted by the zoning ordinance either by right or by special permit and was in existence prior to the effective date of any amendment which rendered it nonconforming.

Uses by variance which are not nonconforming. A use, building, structure, lot, parking area, loading bay, sign, landscaping or any other activity which is not otherwise permitted and does not comply with this chapter and exists due to the granting of a variance is not a nonconforming situation, is not entitled to the treatment afforded by this section, and is bound by the conditions of the variance as granted.

Once in conformity, or closer to conformity, cannot revert. Once a use, building, structure, lot, parking area, loading bay, sign, landscaping or any other activity which had been nonconforming is brought into conformity with this chapter, it shall not be permitted to revert to nonconformity. Once a use, building, structure, lot, parking area, loading bay, sign, landscaping or any other activity which had been nonconforming is brought closer to conformity with this chapter, i.e., the amount or degree of nonconformity is reduced, it shall not be permitted by right to revert to nonconformity with the provisions of this chapter which is greater than the closest amount or degree of conformity which it has achieved.

[Amended 5-14-2001 ATM by Art. 29]

Change in lot that results in noncompliance. No lot upon which there is a building or for which a building permit is in force shall be subdivided or otherwise changed in area or shape, except through public acquisition, so as to result in a violation applicable to either the lot or the building. A lot already nonconforming shall not be changed in area or shape so as to increase the degree of nonconformity with the requirements of this chapter; however, a nonconforming lot may be changed in area or shape in order to move closer to conformity with the requirements of this chapter. Said change shall be allowed by right. No building permit, special permit, certificate of occupancy, or approval of a subdivision plan under the Subdivision Control Law[1] shall be issued with reference to said transferred land until both the lot retained and the newly created lot(s) meet the requirements of this chapter.

Editor's Note: See Ch. 215, Part 1, Subdivision Regulations.

Nonconformity resulting from public action. If, as a result of public action, a use, building, structure, lot, parking area, loading bay, sign, landscaping or any other activity no longer complies with this chapter, it shall be considered to be nonconforming and entitled to the treatment afforded by this section, provided it was in compliance or lawfully nonconforming at the time of the public acquisition.

Discontinuance and abandonment.

A nonconforming use or structure or other nonconforming situation is considered to be discontinued or abandoned whenever:

It is not used for a period of 24 consecutive months; or

It is abandoned (as defined in this chapter).

Discontinuance or abandonment of a part of a nonconforming use, structure or situation shall not normally be considered to be evidence of discontinuance or abandonment of the whole, unless that part which is discontinued or abandoned is the part which causes the nonconformity.

The rights of a nonconforming use, structure, building, lot, parking space, loading bay, sign, landscaping or other situation are not affected by a change in ownership, tenancy or management unless such ownership, tenancy or management is specifically a condition of the issuance of the permit.

One- and two-family dwellings.

[Amended 5-14-2001 ATM by Art. 29]

Nonconforming uses. An existing nonconforming one-family or two-family owner-occupied dwelling or structure accessory thereto which is nonconforming with respect to use may be enlarged or extended for use for the same purpose, provided that a finding is issued by the Zoning Board of Appeals (ZBA) that the extension or enlargement is not substantially more detrimental to the neighborhood than the existing use.

Nonconforming structures. An existing nonconforming one-family or two-family dwelling or structure accessory thereto which is nonconforming with respect to minimum setbacks may be enlarged or extended in any other direction in compliance with this chapter, or in any other direction without encroaching any further than the original nonconformity, by the issuance of a building permit. That part of an existing nonconforming dwelling which is nonconforming only with respect to a minimum setback and/or density requirements of this chapter may not be enlarged or extended in that setback or requirement, except by a finding issued by the Zoning Board of Appeals (ZBA) that:

The degree of proposed nonconformity is not substantially more detrimental to the neighborhood than the existing nonconformity, with particular consideration of abutting properties;

The site coverage of the dwelling within the minimum setback is not increased to an extent so as to be substantially more detrimental to the neighborhood than the existing nonconformity, with particular consideration of abutting properties; and

The Board determines that the extension or enlargement is appropriate in scale and mass for the neighborhood, with particular consideration of abutting properties.

Other than one- and two-family dwellings.

Nonconforming uses. A nonconforming use may be continued to the same degree and for the same purpose. An existing nonconforming use may be altered, expanded or extended for use for the same purpose or changed for use for a different purpose, provided that a finding is issued by the Planning Board as specified in the following sentence. The Planning Board may grant a finding for alteration, change, expansion or extension of a nonconforming use, provided that the Board determines that the alteration, change, expansion or extension is not substantially more detrimental than the current use.

Nonconforming structures.

An existing nonconforming building, other than a one-family or two-family dwelling, which is nonconforming with respect to minimum setbacks may be enlarged or extended in any other direction in compliance with this chapter by the issuance of a building permit (and other permits as appropriate), provided all other uses, structures, and activities on the lot comply fully with the requirements of this chapter. That part of an existing nonconforming structure which is nonconforming only with respect to a minimum setback and/or density requirements of this chapter may not be enlarged or extended in that setback or requirement, except by a finding issued by the Planning Board that:

The degree of proposed nonconformity is not substantially more detrimental to the neighborhood than the existing nonconformity, with particular consideration of abutting properties;

[3]

The Board determines that the extension or enlargement is appropriate in scale and mass for the neighborhood, with particular consideration of abutting properties.

An existing nonconforming building, other than a one-family or two-family dwelling, which is nonconforming with respect to dimensional and/or density requirements of this chapter for the district in which said building is located, other than minimum setback, may not be enlarged or extended except by a finding issued by the Planning Board.

Nonconforming lots. Any lot which does not comply with the provisions of this chapter with respect to minimum lot area, minimum lot frontage, or minimum lot width or with the requirements then in effect at the time of recording or endorsement, whichever occurs sooner, shall not be subdivided or otherwise changed in area or shape, except through public action, so as to be in violation of the provisions of this chapter. A lot already nonconforming with respect to those provisions may be changed to be made closer in compliance, but once brought closer into compliance, i.e., the amount or degree of nonconformity is reduced, it shall not be permitted to revert to noncompliance which is greater than the closest amount or degree of compliance which it had achieved. A lot which is nonconforming shall not preclude the issuance of permits allowed pursuant to Article V.

Nonconforming off-street parking and loading.

Existing nonconforming parking spaces, loading bays.

Any off-street parking spaces or loading bays in existence on the effective date of this chapter or thereafter established, which serve a building or use, may not be reduced in number or changed in location or design contrary to this chapter's requirements so as to increase the degree of nonconformity with said requirements.

If the use of an existing structure or lot which does not have sufficient parking or loading areas, including a use which has no off-street parking or loading area, is changed to a different type of use for which a different number of parking spaces or loading bays is required as set forth in this chapter, and there is no increase in the net floor area, the following rules shall apply:

If there is a net increase in the number of required parking spaces or loading bays, that net increase shall be provided, which number shall not include any existing parking spaces or loading bays; or

If there is a net decrease in the number of required parking spaces or loading bays, that lesser number shall be the new basis for determining whether, in the future, there is a net increase in the number of parking spaces or loading bays required.

[3]

If it is proposed to increase the net floor area of a building, whether by addition to the exterior of the building or by internal reconstruction, and the building does not have sufficient off-street parking or loading area, full compliance with the applicable parking requirements for the entire building shall be a condition of the issuance of a building permit for the construction of the increase of net floor area.

Parking and loading requirements for a building destroyed, damaged or demolished. If a building for which sufficient off-street parking or loading area as required under the standards of this chapter is not provided is destroyed, damaged or demolished by the owner, the new building may be reconstructed or replaced if otherwise permitted by this chapter, without providing additional parking spaces or loading bays, provided the new use is the same type of use as the use before the destruction, damage or demolition, or is a type of use that requires the same or fewer parking spaces or loading bays. If parking spaces or loading bays were provided before the destruction, damage, or demolition, at least the same number of spaces or bays shall be provided.

[Amended 5-14-2001 ATM by Art. 29]

Repair, reconstruction, continuance. Routine maintenance and repairs are permitted to a nonconforming structure, sign, parking space or loading bay or other nonconforming situation to maintain it in sound condition and presentable appearance.

Reconstruction after involuntary destruction (by right). Any nonconforming use, structure, building, sign, parking space or loading bay or other nonconforming situation which is destroyed or damaged by explosion, collapse, fire, storm, natural disaster or other catastrophic event, any of which is beyond the control of the owner, may, within three years from the date of such damage or destruction, be reconstructed to the same extent as the original, provided there is no increase in the site coverage or the gross floor area or the degree of nonconformity and the reconstruction conforms to the current requirements of this chapter to the maximum extent practicable in the opinion of the Building Inspector. In this context, to the maximum extent practicable, the Building Inspector shall consider extreme site conditions, such as steep grades, the presence of ledge or other unsuitable soil conditions, or the shape and configuration of the lot.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Reconstruction after destruction (by finding). The Planning Board may grant a finding for the reconstruction of a use, structure, building, sign, parking space or loading bay or other situation allowed by finding, which is destroyed or damaged by explosion, collapse, fire, storm, natural disaster or any other catastrophic event, any of which is beyond the control of the owner or by the proposed voluntary action of the owner, to demolish, in whole or in part, in a manner different from the prior conditions, provided the Board determines that:

The degree of proposed nonconformity is not substantially more detrimental to the neighborhood than the existing nonconformity, with particular consideration of abutting properties;

The site coverage of the dwelling within that minimum setback is not increased to an extent so as to be substantially more detrimental to the neighborhood than the existing nonconformity, with particular consideration of abutting properties; and the Board determines that the extension or enlargement is appropriate in scale and mass for the neighborhood, with particular consideration of abutting properties; and

The Board determines that the extension or enlargement is appropriate in scale and mass for the neighborhood, with particular consideration of abutting properties.

[Amended 6-24-2002 STM by Art. 2]

Vesting of rights during adoption of amendments.

A use, building, structure, lot, sign, parking space or loading bay or other situation which would comply with the provision of this chapter at the time at which a building permit is issued or a special permit is granted, but would not comply with a proposed amendment to this chapter, shall be considered to be nonconforming and may be completed, continued, or maintained, provided the building permit was issued or the special permit was granted before the first publication of notice of public hearing of the proposed amendment, and substantial physical construction or start of operations is begun within 12 months of the issuance of the building permit or the grant of a special permit and is carried through to its completion as continuously and expeditiously as is reasonable. If the construction is not completed within 18 months of the issuance of the building permit or the grant of the special permit, the rights to nonconforming status shall cease and the construction shall comply with this chapter, as amended.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

The filing of an application for either a building permit or a special permit is not sufficient to vest rights. The building permit must be issued or the special permit must be granted prior to such first publication of notice.

In the event of the filing and subsequent approval of a definitive subdivision plan, an exemption from an amendment to this chapter and a right to be treated under the previously existing provision of this chapter may be vested, as set forth in MGL c. 40A, § 6.

Approval not required plans.

In the event of the filing and subsequent endorsement of an "Approval Not Required" plan, referred to in MGL c. 41, § 81P of the Subdivision Control Law (MGL c. 41, §§ 81K through 81GG), an exemption from an amendment to this chapter affecting the use of land only and a right to be treated under the previously existing provisions of this chapter may be vested, as set forth in MGL c. 40A, § 6.

TRAILER OR MOBILE HOME PARK

In the event that rights have been vested under a previous version of the zoning ordinance, an owner may proceed as if that version of the zoning ordinance applied to his/her property and he/she may use the most current versions of the zoning ordinance, but must use either version of the zoning ordinance fully and cannot select provisions of both versions.

§ 171-69 Mobile homes.

As used in this section, the following terms shall have the meanings indicated:

TRAILER

A vehicle used or intended to be used for human habitation, whether designed to be drawn by a motor vehicle or self-propelled, and any so-called automobile trailer or trailer coach, including any portable structure, means of conveyance or vehicle so designed, constructed and/or altered or converted in any manner as to permit occupancy thereof for dwelling purposes or sleeping purposes.

Any lot of land upon which two or more trailer coaches or mobile homes occupied for dwelling purposes are located, and shall include any buildings, structures, fixtures, and equipment used in connection with trailers.

Use restrictions. No person shall park, store or occupy a trailer for living or business except as follows:

The owner of land may permit occupancy of said land by a nonpaying guest for a period not exceeding 20 days in a calendar year.

A trailer may be occupied by the owner of a lot or tract of land as a temporary dwelling incidental to the construction of a home. In no case shall the trailer be occupied for more than one year, during which time the construction of the permanent dwelling is to be completed and the dwelling occupied.

A mobile home already legally existing on a lot within the Town of Palmer may be replaced in accordance with the regulations of the Town of Palmer, provided that the replacement mobile home meets or exceeds the value of the mobile home already existing on the lot.

Requisites for the issuance of a building permit. No building permit for such trailer or mobile home shall be granted unless the following conditions are met:

Only one trailer or mobile home shall be placed on a lot.

The lot or tract of land on which the trailer is to be located shall contain a minimum of 20,000 square feet, with a minimum of 100 feet frontage on a public way (or in the case of the existing mobile home park a private way within the park).

The trailer shall be set back at least 70 feet from the center line of a public way or private way on which the trailer is located.

No trailer or mobile home shall be located within 50 feet of an existing building or dwelling.

§ 171-70 Telecommunication towers, antennas and facilities.

A tract of land or a lot shall mean any parcel, regardless of its size, which is owned under single deed.

Exceptions. The provisions of this section shall not apply to a travel trailer or camping trailer stored or parked on a lot not intended for occupancy as a residence, overnight accommodations or business purpose on its location.

Purpose. The purpose of this section is to regulate the location and number of telecommunication towers and antennas, minimize their adverse visual effect through careful design, siting and vegetative screening, and encourage the shared or joint use of towers and facilities. These regulations are consistent with the Federal Telecommunications Act of 1996 in that they do not discriminate among providers of functionally equivalent services, do not prohibit or act to prohibit the provision of personal wireless services, and do not regulate the placement and construction of personal wireless service facilities on the basis of the environmental effects of radiofrequency emissions to the extent that such facilities comply with Federal Communications Commissions regulations regarding such emissions.

Telecommunication towers, antennas and facilities are permitted in all districts as outlined in the Tables of Use Regulations for Business and Residential Districts in this chapter and as outlined in the industrial sections of this chapter, subject to special permit and site plan approval plus the following conditions:

[Amended ATM 5-14-2001 by Art. 29]

Shared use.

To discourage the proliferation of telecommunication towers, shared use of tower structures is both permitted and encouraged. Placement of more than one tower on a lot may be permitted if all setbacks, design and landscape requirements are met for each tower. Applications for new towers shall be accompanied by documentation that no existing or planned tower or other structure can accommodate the applicant's antennas or transmitter. The application shall include documentation regarding the availability of any existing or approved telecommunication towers or other structures within the transmission area that meets the needs of the applicant.

It shall be a condition of any special permit issued under this regulation that the permit holder shall exercise good faith in allowing other providers to share space or co-locate on the site, provided that such shared use does not impair the technical level or quality of service. In the event that a dispute arises as to whether the permit holder has exercised good faith in accommodating other users, the Planning Board may require an independent technical study at the expense of either or both the permit holder and the applicant.

Telecommunication towers are prohibited within existing Town and National Register Historic Districts, as well as along designated scenic roads, and if the Planning Board determines that the proposed location is within and will seriously degrade scenic view areas.

The lot upon which a telecommunication tower is proposed must meet the minimum lot area requirements for the zoning district within which the lot is located.

The tower and/or antenna shall be erected to the minimum height necessary to satisfy the technical requirements of the telecommunication facility. Documentation of the minimum height needed, prepared by a professional telecommunication systems engineer, shall accompany the application for a special permit. Such documentation may include propagation modeling and/or test results.

All new structures must meet the minimum setback requirements for the zoning district within which the subject lot is located, or be set back from all property lines a distance equal to 105% of the height of the structure, whichever is greater. Guy anchors shall also meet the minimum setback requirements for the respective zone.

Towers and antennas shall be of subdued, nonreflective color which shall blend with its surroundings.

In addition to other applicable buffer area requirements of this chapter, landscape buffers shall be required around the perimeter of all structures, including guy anchors. Such landscape buffers shall include evergreen trees planted of sufficient height and planted at a sufficient distance to provide visual screening as determined during the site plan review process.

Signal lights or illumination shall not be permitted unless required by the Federal Communications Commission or the Federal Aviation Administration.

No advertising or signage, other than warning signs, shall be permitted on any tower.

§ 171-73 Large-scale conference/entertainment facilities.

All unused communication towers shall be removed within 12 months of cessation of use. In the event that an unused tower is not removed within 12 months of cessation of use the tower and associated facilities may be removed by the Town and the cost of removal assessed against the property. As a condition of special permit and site plan approval, the Planning Board may require a bond to insure removal of abandoned towers.

(11)

No new or existing telecommunication service shall interfere with public safety telecommunications or with any existing television or radio signal. All applications for facilities under this regulation shall be accompanied by a study which provides a technical evaluation of existing and proposed transmissions and indicates all potential interference problems.

(12)

Satellite dishes under 10 feet in diameter are exempt from this regulation when ground-mounted or located on an existing building.

§ 171-71 Campgrounds.

A campground is a permitted use in the RR District, subject to special permit and site plan review approval and subject to the following conditions:

There shall be a minimum lot area of 10 acres.

The average density of the campground shall not exceed eight campsites per acre.

Each campsite shall have a minimum width of 50 feet and a minimum area of 2,500 square feet.

No building or campsite shall be located within 100 feet of any property line.

Campsites for recreational vehicles over 20 feet in length shall be grouped in an area separate from other campsites.

Campground roads shall have a minimum width of 10 feet per travel lane and shall be readily traversable with a well-drained surface.

Roads to be used by recreational vehicles over 20 feet in length shall have a minimum internal radius of 60 feet.

Turnarounds shall be provided for all dead-end roads over 100 feet in length, and those to be used by recreational vehicles over 20 feet in length shall have a minimum internal radius of 60 feet.

Water supply, sanitary conveniences and sewage facilities shall be provided in accordance with NFPA 1194, Standard for Recreational Vehicle Parks and Campgrounds, current edition.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

If provided, electrical systems shall be in accordance with NFPA 1194, Standard for Recreational Vehicle Parks and Campgrounds, current edition.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Provision shall be made for fire safety in accordance with NFPA 1194, Standard for Recreational Vehicle Parks and Campgrounds, current edition.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Within the campground, one dwelling may be permitted for the residence of the campground owner or operator.

Within the campground, the sale of camp supplies and a snack bar are permitted accessory uses, provided they do not exceed 500 square feet in floor area and they are used only by persons using the campground.

§ 171-72 Flea markets.

A flea market as defined in this chapter is a permitted use subject to the issuance of a permit from the Town Manager and the Zoning Enforcement Officer (ZEO), subject to the following conditions:

The applicant shall submit a letter stating the location of the market, the maximum number of vendors and the dates and hours of the market.

The applicant shall also submit a letter from the property owner or owners in question, giving permission for the market to occur on the stated dates and hours.

The applicant shall also submit a plan, to scale, of the property in question, showing the actual market location and parking area for both vendors and customers. All parking shall be off-street and located on the lot in question, or an abutting lot which, in the opinion of the Town Manager and ZEO, provides safe, convenient access to the market. If an abutting lot is used, written permission must also be submitted from the owner or owners of such lot. Parking shall be located on a sturdy, flat, all-weather surface. In addition, the applicant must demonstrate safe ingress and egress between abutting streets and the proposed parking area.

All flea markets shall occur during daylight hours between April 1 and October 31, and shall occur only on those dates and hours when no other business activity is occurring on the property in question. However, no property shall be the site of a flea market for more than 14 days in a sixty-day period.

Any food sales must first be approved by the Board of Health.

No structures of any kind, other than canopies, portable sanitation units and one freestanding ground sign, shall be erected or installed on the property in question. Any canopies, portable sanitation facilities or signs shall be removed immediately after the conclusion of the market that day. Sign area and location shall be as required in Article XVII of this chapter for the district in question.

The Town Manager may consult with the Department of Public Works Director, Police Department and/or Safety Committee for input on traffic patterns, volume and safety concerns.

Purpose. The purpose of this regulation is to regulate conference and entertainment facilities that are large in scale and attract visitors from beyond the Town's and even the region's boundaries. Such facilities may be business- or entertainment-oriented and may provide ancillary services that are customarily associated with the principal use.

Large-scale conference/entertainment facilities are permitted in the GB, HB and IA Zoning Districts, subject to approval of a special permit and site plan review and subject to the following conditions:

The minimum lot area shall be five acres for large-scale conference facilities and 15 acres for large-scale entertainment facilities (or a combination facility).

Public water and public sewer shall serve the site.

All structures and outdoor activities shall be located a minimum of 100 feet from any property line.

The maximum height of any structure shall not exceed that allowed in the applicable zone, except where, for each additional foot of setback from all property lines, an additional one foot of height may be achieved, to a maximum of 150 feet, except as noted hereafter; any structure proposed over 100 feet in height must be so noted in the special permit application, which shall be accompanied by a detailed visual impact analysis to determine whether or not the proposed structure would be widely seen and be a negative impact on the Town's landscape or on the neighborhood in which it will be located. Structures judged to have a negative impact shall not be approved by the Planning Board.

[Amended 8-12-2013 by Ord. No. 2014-03]

The minimum lot width and depth shall be 400 feet. Because of the large number of visitors that may be attracted, these facilities shall be located where primary access to and from the site is via arterial streets or state highways. The special permit application shall be accompanied by a detailed traffic study which projects how much traffic will be generated on both a daily and peak-hour basis and probable travel routes to the site.

In approving the plan, the Board may approve waivers of Article XVIII, Off-Street Parking and Loading, in terms of the number of spaces required, the location of spaces, and the surfacing of spaces, depending upon the type and scale of the proposed use, as long as the Board finds that the waiver will be consistent with public safety and convenience.

The proposed facility shall not produce noise levels that will negatively impact upon existing residential neighborhoods. This includes noise produced by the use or activity itself, from the participants or visitors to the site, from loudspeakers, or from any other source at, or associated with, the facility. The Board may require a noise projection study to be performed or submitted. In general, no facility shall emit noise beyond the boundaries of the subject property which will be received by residentially used or zoned land that exceeds 70 dBA during the day or 50 dBA after 10:00 p.m. and before 7:00 a.m. The Board may limit hours of operation of a use in the interest of minimizing or eliminating nighttime noise.

Outdoor lighting at the proposed facility shall not spill over beyond the site's property boundaries and shall be the minimum intensity necessary to adequately and safely light the facility, its parking lot and its access drives.

The maximum size of a freestanding sign shall not exceed 100 square feet. No flashing signs, neon lighting or signs that are lit from within shall be permitted. All lighting must be exterior-lit white light only. All other requirements of Article XVII, Signs, shall apply.

A landscaped buffer with a minimum width of 75 feet shall be provided along all property lines. The Board may require an increased buffer based upon the size, intensity and location of the facility. A detailed buffer plan must be submitted with the application for special permit and site plan approval. All requirements of Article XVI, Landscaping, Screening and Buffers, must be adhered to.

§ 171-74 Accessory dwelling units.

Accessory dwelling units are allowed in certain situations to:

Create new housing units while respecting the look and scale of single-dwelling neighborhoods;

Increase the housing stock of existing neighborhoods in a manner that is less intense than alternatives;

Allow more efficient use of existing housing stock and infrastructure;

Provide a mix of housing that responds to changing family needs and smaller households;

Provide a means for residents, particularly seniors, single parents, and families with grown children, to remain in their homes and neighborhoods, and obtain extra income, security, companionship and services; and

Provide a broader range of accessible and more affordable housing.

Where these regulations apply. An accessory dwelling unit may be added to a house, attached house, or manufactured home in an R Zone only as indicated in Article VII, Use Regulations, and the Tables of Use Regulations.

Design standards.

Purpose. Standards for creating accessory dwelling units address the following purposes:

Ensure that accessory dwelling units are compatible with the desired character and livability of Palmer's residential zones;

Respect the general building scale and placement of structures to allow sharing of common space on the lot, such as driveways and yards;

Ensure that accessory dwelling units are smaller in size than houses, attached houses, or manufactured homes; and

Provide adequate flexibility to site buildings so that they fit the topography of sites.

Generally. The design standards for accessory dwelling units are stated in this section. If not addressed in this section, the base zone development standards apply.

Requirements for all accessory dwelling units. All accessory dwelling units must meet the following:

Creation. An accessory dwelling unit may only be created through the following methods:

Converting existing living area, attic, basement or garage;

Adding floor area;

Constructing a new house, attached house, or manufactured home with an internal accessory dwelling unit.

Other uses. An accessory dwelling unit is prohibited in a house with a home occupation except when the accessory dwelling is for a family member.

Location of entrances. Only one entrance to the house may be located on the front facade of the house, attached house, or manufactured home facing the street, unless the house, attached house, or manufactured home contained additional front-door entrances before the conversion accessory dwelling unit was created. An exception to this regulation is entrances that do not have access from the ground, such as entrances from balconies or decks.

Parking.

Purpose. The parking requirements balance the need to provide adequate parking while maintaining the character of single-dwelling neighborhoods and reducing the amount of impervious surface on a site. More parking is required when a vacant lot is being developed because, generally, the site can more easily be designed to accommodate two parking spaces while minimizing impervious surface. In the Village Center Districts, where an accessory dwelling unit is being added to a site with an existing dwelling unit, it may be permissible to not require additional impervious surface if adequate on-street parking is available, such as in a municipal lot.

The following parking requirements apply to accessory dwelling units. All parking must meet the requirements of Article XVIII, Off-Street Parking and Loading.

No additional parking space required. No additional parking space is required for the accessory dwelling unit if it is created on a site with an existing house, attached house, or manufactured home.

One additional parking space required. One additional parking space is required for the accessory dwelling unit as follows: when the accessory dwelling unit is created at the same time as the house or manufactured home.

Maximum size. The size of the accessory dwelling unit may be no more than 33% of the living area of the house, attached house, or manufactured home or 800 square feet, whichever is less.

Additional requirements for accessory dwelling units created through the addition of floor area. Accessory dwelling units created through the addition of floor area must meet the following design standards:

Exterior finish materials. The exterior finish material must be the same as or visually match in type, size and placement the exterior finish material of the house, attached house, or manufactured home.

Roof pitch. The roof pitch must be the same as the predominant roof pitch of the house, attached house, or manufactured home.

Trim. Trim on edges of elements on the addition must be the same in type size and location as the trim used on the rest of the house, attached house, or manufactured home.

Windows. Windows must match those in the house, attached house, or manufactured home in proportion (relationship of width to height) and orientation (horizontal or vertical).

Eaves. Eaves must project from the building walls the same distance as the eaves on the rest of the house, attached house, or manufactured home.

§ 171-75 Bed-and-breakfast facilities.

Purpose. This section provides standards for the establishment of bed-and-breakfast facilities. The regulations are intended to allow for a more efficient use of large, older houses in residential areas if the neighborhood character is preserved to maintain both the residential neighborhood experience and the bed-and-breakfast experience. These regulations enable owners to maintain large residential structures in a manner which keeps them primarily in residential use. The proprietor can take advantage of the scale and often the architectural and historical significance of a residence. The regulations also provide an alternative form of lodging for visitors who prefer a residential setting.

Description. A bed-and-breakfast facility is one where an individual or family resides in a home and rents bedrooms to guests.

Where these regulations apply. These regulations apply to bed-and-breakfast facilities in the residential zones where permitted as outlined in § 171-47, Table of Use Regulations: Residential Zones, and § 171-54, Table of Use Regulations: Business Zones.

Use-related regulations.

Accessory use. A bed-and-breakfast facility must be accessory to a household living use on a site. This means that the individual or family who operates the facility must occupy the house as their primary residence. The house must be at least five years old before a bed-and-breakfast facility is allowed.

Maximum size. Bed-and-breakfast facilities are limited to a maximum of five bedrooms for guests.

Employees. Bed-and-breakfast facilities may have nonresident employees for the lodging activity, such as booking rooms and food preparation, if approved as part of the special permit. Hired service for normal maintenance, repair and care of the residence or site, such as yard maintenance, may also be approved. The number of employees and the frequency of employee auto trips to the facility may be limited and/or monitored as part of a special permit approval.

Services to guests. Food services may only be provided to overnight guests of a bed-and-breakfast facility.

Meetings and social gatherings.

Commercial meetings. Activities including luncheons, banquets, parties, weddings, meetings, charitable fund-raising, commercial or advertising activities, or other gatherings for direct or indirect compensation, are prohibited at a bed-and-breakfast facility.

Private social gatherings. Private social gatherings for 10 or fewer guests are allowed without limit as part of a normal household living use at the site. All participants in the social gathering are counted as guests except for residents.

Historical landmarks. A bed-and-breakfast facility which is located in an historical landmark and which receives special assessment from the state may be open to the public for four hours one day each year. This does not count as either a commercial meeting or a private social gathering.

Site-related standards.

Development standards. Bed-and-breakfast facilities must comply with the development standards of the base zone and overlay zone as applicable.

Appearance. Residential structures may be remodeled for the development of a bed-and-breakfast facility. However, structural alterations may not be made which prevent the structure being used as a residence in the future. Internal or external changes which will make the dwelling appear less residential in nature or function are not allowed. Examples of such alterations include installation of more than three parking spaces within the front yard setback, paving of required setbacks, and commercial-type exterior lighting.

Signs. Signs must meet the requirements of Article XVII, Signs, § 171-80C, Signs permitted in any R District.

[Amended 5-14-2001 ATM by Art. 29]

Site plan approval. Bed-and-breakfast facilities require a site plan approval. The procedure for this review is outlined in Article V, Administration and Enforcement. The approval criteria are stated in this section.

Monitoring. All bed-and-breakfast facilities must maintain a guest logbook. It must include the names and home addresses of guests, guests' license plate numbers if traveling by car, dates of stay, and the room number of each guest. The log must be available for inspection by the Zoning Enforcement Officer or designated agent of the Town of Palmer upon request.

Preestablished bed-and-breakfast facilities.

Facilities without a revocable permit. Bed-and-breakfast facilities that were operating before the date of adoption of this section and which did not receive a permit may continue to operate as an approved use if the operator can show proof that the operation was established prior to that date. The requirements for verification are listed below.

The facility was operating with a Town business license from the Town of Palmer, Town Clerk's office.

The facility paid taxes as required by the state or federal government for this facility.

Other official documentation can be provided to the Planning Board office sufficient to verify the operation of this facility.

Alterations and expansions. The approved conditional use status provided for in Subsection J(1) above applies only to the number of bedrooms and size of facility that existed on the date of adoption of this section. Any expansions of building area or alterations that increase the intensity of the facility are not allowed unless approved through a site plan approval as provided in Article V.

§ 171-76 Drive-through facilities.

Purpose. The regulations of this section are intended to allow for drive-through facilities by reducing the negative impacts they may create. Of special concern are noise from idling cars and voice amplification equipment, lighting, air pollution and queued traffic interfering with on-site and off-site traffic and pedestrian flow. The specific purposes of this section are to:

Reduce noise, lighting, air pollution and visual impacts on abutting uses, particularly residential uses;

Promote safer and more efficient on-site vehicular and pedestrian circulation;

Reduce conflicts between queued vehicles and traffic on adjacent streets.

When these regulations apply.

Uses. The regulations of this section apply to all uses that have drive-through facilities.

Site development. The regulations of this section apply only to the portions of the site development that comprise the drive-through facility. The regulations apply to new developments, the addition of drive-through facilities to existing developments, and the relocation of an existing drive-through facility. Drive-through facilities are not a right; the size of the site or the size and location of existing structures and abutting structures may make it impossible to meet the regulations of this section. In addition, drive-through facilities must comply with all other requirements of the base zone and/or overlay zone in which the property is located.

Parts of a drive-through facility. A drive-through facility is composed of two parts: the stacking lanes and the service area. The stacking lanes are the space occupied by vehicles queuing for the service to be provided. The service area is where the service occurs. In uses with service windows, the service area starts at the service window. In uses where the service occurs indoors, the service area is the area within the building where the service occurs. For other development, such as gas pumps, air compressors, and vacuum cleaning stations, the service area is the area where the vehicles are parked during the service.

Setbacks and landscaping. All drive-through facilities must provide the setbacks and landscaping stated below.

Abutting an R Zone. Service areas and stacking lanes must be set back 30 feet from all lot lines which abut R Zones. The setback must be landscaped to at least the standard as stated in Article XVI, Landscaping, Screening and Buffers.

Abutting a B, I or VC Zone. Service areas and stacking lanes must be set back 20 feet from all lot lines which abut B, I or VC Zones. The setback must be landscaped to at least the standard as stated in Article XVI, Landscaping, Screening and Buffers.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Abutting a street. Service areas and stacking lanes must be set back 50 feet from all street lot lines. The setback must be landscaped to at least the standard as stated in Article XVI, Landscaping, Screening and Buffers.

Vehicular access. All driveway entrances, including stacking lane entrances, must be at least 50 feet from an intersection. The distance is measured along the property line from the junction of the two street lot lines to the nearest edge of the entrance.

Stacking lane standards.

These regulations ensure that there is adequate on-site maneuvering and circulation areas, ensure that stacking vehicles do not impede traffic on abutting streets, and that stacking lanes will not have nuisance impacts on abutting residential lands.

Gasoline pumps. A minimum of 30 feet of stacking lane is required between a curb cut and the nearest gasoline pump.

Other drive-through facilities.

Primary facilities. A minimum of 150 feet for a single stacking lane, or 80 feet per lane when there is more than one stacking lane, is required for all other drive-through facilities. A stacking lane is measured from the curb cut to the service area. Stacking lanes do not have to be linear.

Accessory facilities. A stacking lane is not required for accessory facilities where vehicles do not routinely stack up while waiting for the service. Examples are window washing, air compressor, and vacuum cleaning stations.

Stacking lane design and layout. Stacking lanes must be designed so that they do not interfere with parking and vehicle circulation.

Stacking lanes identified. All stacking lanes must be clearly identified through the use of means such as striping, landscaping, and signs.

§ 171-77 Self-service storage.

[Amended 6-16-2003 ATM by Art. 11]

Purpose. Self-service storage uses have some characteristics in common with both commercial uses and industrial uses. This section provides regulations so that self-service storage uses can be appropriately sited in either industrial zones or some commercial zones, while maintaining the desired character and function of the specific zones. In general, self-service storage uses are similar to other commercial uses in that they provide a service to residential and business uses. The character of their development is often more similar to industrial buildings, and their low activity level does not add to the vitality of a commercial area.

Use regulations. Other uses on the site such as the rental of trucks or moving equipment must meet the use and development standards of the base zone or overlay zone.

Development standards. The development standards of the base zone apply unless the standard is superseded by regulations in this section.

Purpose. The special development standards in the HB and I Zones are intended to allow self-service storage facilities to locate on certain sites in these zones where they can be close to the residential and business uses that they serve. At the same time, the development standards direct their location to sites that do not have major frontage on commercial streets. This prevents large sections of the commercial streets from being developed with uses that have extremely low activity levels which detract from the vitality and desired interaction among commercial uses in the area. This also allows them to locate on odd-shaped or infill sites that are difficult to develop for many commercial uses.

Storage areas. The maximum size of individual storage areas (each individual storage unit within the building) in HB and I Zones is 500 square feet.

[Amended 5-14-2001 ATM by Art. 29]

Internal circulation. The internal circulation between buildings must be adequate to provide access for emergency vehicles.

Parking. For parking requirements see Article XVIII, Off-Street Parking and Loading.

Outside storage. Outside storage shall be prohibited. Any large exterior parking stalls for boats, campers, etc. shall be to the rear of the property and adequately screened so as not to be visible from the street or abutting properties.

Self-service storage design guidelines.

Purpose. Design review is required for new buildings in the HB and I zones to ensure that the development has a high design quality appropriate to the designed character of the zone and to avoid the monotonous look of many industrial-style buildings. These design guidelines are used to review new self-service storage uses in the HB and I Zones. In addition to all other required plans, an elevation and facade plan must be submitted at the time of application for a special permit/site plan approval.

Building and roof design. The building and roof are designed to be compatible with surrounding development, especially nearby residential uses. Considerations include design elements that break up long, monotonous building or rooflines and elements that are compatible with the desired character of the zone.

Building materials. The materials used for buildings, roofs, fences and other structures are compatible with the desired character of the zone and are visually pleasing, especially near residential uses.

Street facades. The design and layout of the street side of the site provide a varied and interesting facade. Considerations include the use of setbacks, building placement, roof design, variations in building walls, fencing, other structural elements, and landscaping.

Landscaping. The landscaping on the site provides appropriate transition from public to private spaces, separates and buffers the buildings from other uses, especially abutting residential uses, and provides visual relief from stark, linear building walls.

Fencing. Any proposed fencing is designed to be compatible with the desired character of the area and is especially sensitive to abutting residential uses. Use of rolled razor wire or barbed wire is discouraged.

Security. The perimeter of the site is designed to provide adequate security for both the site and abutting sites. Considerations include fence and wall materials and placement, type and placement of landscaping, including thorny plants.

§ 171-78 Adult uses.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

In addition to other requirements and procedures relating to the application for, or the issuance of, special permits, as set forth in this chapter or in MGL c. 40A, §§ 9 and 9A, the following conditions apply to special permits for adult retail businesses, adult use businesses and adult theaters.

No adult retail business, adult use business or adult theater shall receive a permit unless it is located at least 1,000 feet from any district designated under this chapter for residential use and 1,000 feet from any existing residential use, whether such use exists by special permit or as a preexisting nonconforming use, or 1,000 feet from any primary or secondary school, public or private, library, park, playground, recreational area or church.

No adult retail business, adult use business or adult theater shall receive a permit unless it is located at least 1,000 feet from any other adult retail business, adult use business or adult theater.

The special permit granting authority shall impose conditions on any permit granted for an adult retail business, adult use business or adult theater to protect minors and to further the purposes and intent of this chapter. Among the restrictions it shall consider shall be conditions:

Prohibiting the dissemination of sexually explicit materials to minors at the locus;[1]

Editor's Note: See also Ch. 7, Adult Uses.

Requiring the applicant or owner of the premises to display sexually explicit materials or sexually explicit paraphernalia in such a way as to prevent minors from viewing them;

Conditioning the continued validity of the permit on compliance with its conditions and requiring its revocation after hearing with notice to interested parties if the grantee violates the conditions of the permit;

Expressly granting the permit for the personal use of the applicant only rather than as a grant to the locus; and