The Arts Overlay District (AOD) is established to encourage
the development, preservation, and enhancement of Arts-Related Uses,
particularly within East Dedham. The district shall preserve and enhance
the area as a center for a variety of retail, business services, housing,
and office uses, and promote strong pedestrian character and scale
throughout the district.
The boundaries of the AOD are depicted on the Zoning Map on
file with the Town Clerk.
The provisions of the Arts Overlay District (AOD) shall apply
to all land within the AOD. Any matter not addressed herein shall
be governed by the Single Residence B, General Residence, General
Business, and Limited Manufacturing A provisions of the Zoning Bylaw.
To the extent of any inconsistency between the provisions of the AOD
and any other provisions of the Dedham Zoning Bylaw, the provision
of the AOD shall govern. Uses allowed by right in the Single Residence
B, General Residence, General Business, and Limited Manufacturing
A shall also be allowed by right in the AOD.
A.
Where a use in the AOD triggers site plan review, the Planning Board shall review the project in accordance with § 280-9.5 Site Plan Review of the Dedham Zoning Bylaw.
B.
Where a use in the AOD requires a Special Permit, the Planning Board
shall be the Special Permit Granting Authority and follow the procedures
of M.G.L. Chapter 40A.
C.
A Special Permit shall be granted by the Planning Board, unless otherwise
specified herein, only upon its written determination that the adverse
effects of the proposed use will not outweigh its beneficial impacts
to the town or the neighborhood, in view of the particular characteristics
of the site, and of the proposal in relation to that site. In addition
to any specific factors that may be set forth in this Bylaw, the determination
shall include consideration of each of the following:
(1)
Social, economic, or community needs which are served by the
proposal;
(2)
Traffic flow and safety, including parking and loading;
(3)
Adequacy of utilities and other public services;
(4)
Neighborhood character and social structures;
(5)
Impacts on the natural environment;
(6)
Potential fiscal impact, including impact on town services,
tax base, and employment.
The production of art or create work either written, composed,
created, or executed by a craftsperson, visual artist, musician, photographer,
sculptor, woodworker, digital media, literature, illustrator, printmaker,
fabric artist, and culinary artist. Such use may include the fine
and applied arts including painting or other like picture, traditional
and fine crafts, sculpture, food, writing, print, motion picture production,
creating animation, the composition of music, choreography studio,
and the performing art studio.
A facility containing an Art Center and one or more additional
uses such as full service restaurant, community space open to the
general public for community activities, events, and other similar
community activities not associated with the arts.
A facility where creative arts are produced, exhibited, performed,
taught, and sold such as drawing, painting, music, sculpture, metal
and woodworker, culinary arts, printmaking, ceramics, digital media
and broadcasting, textiles, fabric art, performance and dance, literature,
illustration, industrial art which includes art gallery, art school,
artist studio, concert hall, dinner theatre, live theatre, movie theatre
with seating capacity of not more than 100, museum, retail sales of
goods and services, provided the facility is operated in a unified
way under one management.
The use of any portion of a dwelling or building accessory
thereto as an office, studio, or workroom for architect, landscape
architect, industrial designer, craftsperson, visual artist, musician,
photographer, sculptor, woodworker, digital media, literature, illustrator
by a person who owns the premises, provided that:
Such use is clearly incidental and secondary to the use of the
premises as a dwelling.
Not more than two persons other than residents of the premises
regularly provided aid[1] services in connection with such use.
Commodity or service can be sold or provided to another person
who is not on the premises, provided the space is less than 100 square
feet.
No offensive noise, traffic, vibration, smoke, dust, odor, heat,
or glare is produced as a result of the home occupation.
There is no exterior display or exterior sign except as permitted
under the Town of Dedham Sign Code.
There is no exterior storage of materials or equipment, and
no other exterior indication of such use or variation from the residential
character of the premises.
All parking for such home occupation, other than for residents
of the premises, shall be provided off street. Adequate off-street
parking shall be provided in accordance with the provisions of the
Zoning Bylaw.
Such use has been approved in writing by the Building Commissioner.
An establishment for the preparation, manufacturing, production,
display, and sale of individually crafted artwork, jewelry, furniture,
sculpture, pottery, leathercraft, hand-woven articles, and related
items of unique artistic works.
An establishment for the preparation, manufacturing, production,
display, and sale of individually crafted artwork, jewelry, furniture,
sculpture, pottery, leathercraft, hand-woven articles, and related
items of unique artistic works. Such manufacturing shall not be of
mass-production or assembly line nature, and will be consistent with
an artisan or craftsman custom producing individual items. The maximum
amount of space for this use shall be 2,000 square feet or less.
[1]
Editor's Note: So in original; should be "paid."
The following dimensional requirements shall govern within the AOD for the uses listed in the Table of Dimensional Requirements for the AOD. Within the AOD, these requirements shall supersede any contrary or inconsistent requirements in the Zoning Bylaw including, but not limited to, the requirements set forth in Article IV. Except as set forth below, the dimensional requirements (Table 2)[1] shall continue to apply to other uses allowed in the Single
Residence B, General Residence, General Business, and Limited Manufacturing
A.
|
Table 10 - Table of Dimensional Requirements - Arts Overlay
District
| ||||||
|---|---|---|---|---|---|---|
|
Use
|
Area
(square feet)
|
Frontage
(feet)
|
Front Setback
(feet)
|
Side Setback
(feet)
|
Rear Setback
(feet)
|
Floor Area Ratio
(FAR)
|
|
Art Center
|
N/A
|
N/A
|
0
|
N/A
|
N/A
|
0.5
|
|
Art and Community Center
|
120,000
|
200
|
25
|
15
|
15
|
0.5
|
|
Artist in combination with dwelling units
|
16,000
|
50
|
0
|
N/A
|
N/A
|
.5
|
|
Artist
|
N/A
|
N/A
|
0
|
10
|
10
|
.5
|
|
Specialty artistic manufacturing/production (small)
|
N/A
|
N/A
|
0
|
10
|
10
|
0.5
|
|
Specialty artistic manufacturing/production
|
N/A
|
N/A
|
0
|
15
|
15
|
0.5
|
|
Notes to Table:
| |
|---|---|
|
1.
|
More than one principal building is allowed on the same lot,
whether characterized as residential or nonresidential.
|
|
2.
|
Buildings may be connected across internal lot lines within
the AOD.
|
[1]
Editor's Note: Table 2 is included as an attachment to this chapter.
|
Table 11 - Table of Allowable Uses Arts Overlay District
| |||||
|---|---|---|---|---|---|
|
Principal Use
|
Arts Overlay District
| ||||
|
SRB
|
GR
|
GB
|
LMA
| ||
|
RESIDENTIAL USES
| |||||
|
1. Creative Art, Home Occupation
|
Yes
|
Yes
|
Yes
|
Yes
| |
|
2. Building containing 3 dwelling units in combination with
artist
|
No
|
No
|
Yes
|
SP
| |
|
EXEMPT AND INSTITUTIONAL USES
| |||||
|
1. Art Center
|
No
|
No
|
SP
|
SP
| |
|
2. Art and Community Center
|
No
|
No
|
SP
|
No
| |
|
COMMERCIAL USES
| |||||
|
1. Artist
|
No
|
No
|
Yes
|
Yes
| |
|
MANUFACTURING AND PROCESSING USES
| |||||
|
1.
|
Specialty artistic manufacturing/production, small
|
No
|
No
|
SP
|
SP
|
|
2.
|
Specialty artistic manufacturing/production
|
No
|
No
|
No
|
SP
|
A.
All outdoor refuse collection and loading areas shall be screened
from adjoining streets and abutting residential properties by a visually
impermeable six-foot high landscape or fence, or through use of appropriate
landscaping, unless enclosed by building walls.
B.
All parking areas shall be screened from abutting properties and
from adjoining streets.
C.
Buffer. Unless already planted in its natural state, a five-foot
buffer shall be provided along the property boundary that abuts a
residential property. The buffer shall be landscaped as follows:
(1)
Materials. Plant materials characterized by dense growth, which
will form an effective year-round screen shall be planted to form
the screen. Screening shall consist of natural materials. To the extent
practical, existing trees and vegetation shall be retained and used
to satisfy the provisions of this section.
(2)
Height. Natural screening shall be at least five feet in height
when planted. Height shall be measured from the finished grade.
D.
Except for access driveways, sidewalks, and paths, only landscaping
shall be allowed in the landscape buffer.
E.
Parking lot interior landscaping. Trees and shrubs shall also be
preserved or planted in the interior of the parking lot (defined as
the spaced enclosing the parking spaces, maneuvering areas, and aisles)
so that such landscaped space shall compromise not less than 10% of
the paved parking area. One tree per 10 parking spaces shall be required
that are a minimum caliper size of three inches at the time of planting,
as measured by the American Nursery and Landscape Association ANSI
Z60.1 Standard (Nursery Stock). This interior landscaped area shall
not include the landscaping provided in the frontage strip. Trees
and shrubs shall be planted in the landscaped rounding between the
end of a row of parking and the curved wedge-shaped spaces. Where
the landscaping area is not large enough for a tree, shrubs and/or
perennials shall be planted instead. Shrubs to be planted shall be
of at least two to 2.5 feet in height. The distance from a shrub or
other vegetation to a paved area shall be at least two feet. Landscaping
that is less than two feet from the paved area shall not block the
line of sight. Other unpaved areas on the lot shall be suitably landscaped
with trees, grass, hedges, occasional trees, and flower beds or benches
and ornamental structures.
F.
Where soil conditions, lot shape, topography, architectural, or structural conditions make literal compliance with the terms of this § 280-12.8 impracticable or infeasible, the Planning Board may approve a site plan showing alternative means of complying with the objectives of this § 280-12.8, and may allow the use of ground cover and ornamental screening or buffers, as long as such action is in the public interest and not inconsistent with the intent and purpose of this § 280-12.8. In these instances, the Planning Board shall make detailed written findings of:
A.
The following required parking shall govern within the AOD for the uses listed in the Table of Required Parking for the AOD. Within the AOD, these requirements shall supersede any contrary or inconsistent requirements in the Zoning Bylaw including, but not limited to, the requirements set forth in § 280-5.1D Required Parking Spaces Table 3. Except as set forth below, the parking requirements (Table 3)[1] shall continue to apply to other uses allowed in the Single
Residence B, General Residence, General Business, and Limited Manufacturing
A.
[1]
Editor's Note: Table 3 is included as an attachment to this chapter.
B.
Required parking table.
|
Table 12 - Table of Required Parking Arts Overlay District
| |
|---|---|
|
Principal Use
|
Number of Parking Spaces
|
|
RESIDENTIAL USES
| |
|
Building containing 3 dwelling units in combination with artist
|
1.5 parking spaces per dwelling unit plus 1 parking space per
every 250 square feet of gross floor area of nonresidential space
|
|
EXEMPT AND INSTITUTIONAL USES
| |
|
Art Center
|
1 parking space per 3 occupants according to occupancy rate
under the Massachusetts State Building Code, plus 1 parking space
per 300 square feet of gross floor area for other space not used for
assembly.
|
|
Art and Community Center
|
1 parking space per 3 occupants according to occupancy rate
under the Massachusetts State Building Code, plus 1 parking space
per 300 square feet of gross floor area for other space not used for
assembly.
|
|
COMMERCIAL USES
| |
|
Artist
|
1 parking space per every 250 square feet of gross floor area
|
|
MANUFACTURING AND PROCESSING USES
| |
|
Specialty artistic manufacturing/production, small
|
1 parking space per 1,000 square feet of gross floor area or
1 parking space for each 3 employees on largest shift, whichever is
greater
|
|
Specialty artistic manufacturing/production
|
1 parking space per 1,000 square feet of gross floor area or
1 parking space for each 3 employees on largest shift, whichever is
greater
|
C.
Alternative parking. The Planning Board may grant a modification of any provision of this § 280-12.9 provided that such waiver shall not cause substantial detriment to public safety. In granting a waiver, the Planning Board may require as a condition of approval the use of mitigating measures such as carpools, shuttles from an off-site lot, assigned employee parking spaces with reduced stall dimensions, or the designation of compact car parking spaces with reduced dimensions. In these instances, the Planning Board shall make detailed written findings of:
Where soil conditions, lot shape, topography, architectural or structural conditions make literal compliance with the terms of § 280-12.8 or § 280-12.9 impracticable or infeasible, the Planning Board may approve a site plan showing alternative means of complying with the objectives of this Bylaw, and may allow the use of alternative land-scaping, buffers, or parking, provided it determines that such alternatives to be in the public interest and not inconsistent with the intent and purpose of this Bylaw. For any modification, the Planning Board shall make detailed written findings of:
A.
Specific conditions that render literal compliance with the terms
of this Bylaw impracticable or infeasible.
B.
The specific alternative means of complying with the terms of this
Bylaw.
C.
An analysis of the manner in which the modification is in the public
interest and not inconsistent with the intent and purposes of this
Bylaw.
