The Master Plan of the Town of Norfolk (the Town) sets forth goals for the Town Center, economic development, housing, open space, circulation, facilities and community vision in Parts A and B of the Master Plan. In order to implement these Master Plan goals, the Town establishes this article for the B-1 District. Graphic examples and illustrations of the provisions of this article are included in the Appendix of the Zoning Bylaw.[1]
[1]
Editor's Note: The Appendix is included as an attachment to this chapter.
[Amended 5-17-2023 ATM by Art. 26]
Article 9 shall supersede the following sections of the Zoning Bylaw: § 310-4.1E (Buffer/green belt/landscaping requirements in nonresidential districts), § 310-5.1B (Schedule of Dimensional Requirements), § 310-5.1C (Lot width; frontage; setback line); § 310-5.1D (yard requirements), § 310-5.1E (build factor), § 310-5.2 (Modifications), § 310-6.4A (Alteration and enlargement), and § 310-6.5 (Accessory buildings and swimming pools) except § 310-6.5E (Mobile home). All other sections of the Zoning Bylaw, except where otherwise specifically stated herein, shall apply within the B-1 District.
[Amended 5-8-2021 ATM by Art. 22]
The B-1 District is further divided into two areas, as depicted on the Zoning Map:
A. 
The business core;
B. 
Outside the business core, which consists of all remaining areas of the B-1 District.
[Amended 6-27-2020 ATM by Art. 21; 5-8-2021 ATM by Art. 21; 5-8-2021 ATM by Art. 22]
A. 
General B-1 District requirements.
(1) 
Building scale. No building footprint, other than a grocery store, municipal building, or variety store, shall exceed 15,000 square feet. No grocery store or variety store footprint shall exceed 50,000 square feet. No municipal building footprint shall exceed 30,000 square feet.
(2) 
Phased development. Applicants shall be allowed to plan, plat and create proposed lots or building sites in anticipation of a known proposal which will furnish needed infrastructure for a particular property provided the Town is given surety or other binding assurance, in a form and amount acceptable to the Planning Board, that will insure that no construction occurs without the necessary infrastructure.
(3) 
Pedestrianways and street trees. Lots or building sites which are either newly developed from unimproved land or redeveloped shall provide pedestrianways and street trees in accordance with the Subdivision Regulations[1] along the frontage side(s) of the lot.
[1]
Editor's Note: See Ch. 325, Subdivision of Land and Site Plan Approval Regulations.
(4) 
Pedestrian access. Buildings shall generally be pedestrianway-oriented and shall be physically and visually accessible to pedestrians from the pedestrianway. Buildings shall provide pedestrian entrances that open to the front pedestrianway and may provide other entrances to the side or rear. Within the business core, unless otherwise provided by special permit by the Planning Board, the frontage side of each building, excepting a municipal building, shall have not less than 70% of the length of its pedestrianway-level, street-side facade comprised of doorways which provide physical access, and windows or other transparent elements of walls which provide visual access. Municipal buildings shall have not less than 30% of the length of its pedestrianway-level, street-side facade comprised of doorways which provide physical access, and windows or other transparent elements of wall which provide visual access.
(5) 
Building height and facade.
(a) 
Within the B-1 District business core, building height shall not be more than 46 feet in height to the peak of the roof unless otherwise provided for by the Planning Board through a site plan approval process, but in no case shall the height exceed three stories as measured from the street facing finish grade of the building or structure. Within the B-1 District outside the business core, building height shall not be more than 40 feet in height to the peak of the roof unless otherwise provided for by the Planning Board through a site plan approval process. In such cases, building height may be extended up to 46 feet to the peak of the roof for the purpose of accommodating pitched rooflines, but in no case shall the height exceed three stories as measured from the street facing finish grade of the building or structure, including the third story. All buildings shall have a pitched roof, or the look of a pitched roof (with a minimum of a 5:12 pitch) and consistent with architecture prevalent within Town Center. In the event that a flat roof is desired, the building shall have the look of a pitched roof from the front, sides, and the rear, depending upon what may be visible from the street. Building height shall not include any steeples, flagpoles, weather vanes, or cupolas. The highest point of any such steeples, flagpoles, weather vanes, or cupolas shall not exceed 80 feet. At least 60% of the vertical wall area of the frontage side facade of a building shall be made up of vertical building wall, dormers, or a parapet or false facade to a minimum height of 20 feet.
(b) 
Notwithstanding the provisions of Subsection A(5)(a) above, a town hall shall have at least 10% of the vertical wall area of its frontage side facade (excluding porches) parallel with and aligned to the build-to line, and at least 60% of its frontage side facade shall be made up of vertical building wall, dormers, or a parapet or false facade to a height of at least 20 feet but not more than 30 feet.
(6) 
Accessory buildings. Minimum front yard setback for accessory buildings and attached or detached garages shall be 20 feet from the front yard of the principal building, structure or use on that lot.
(7) 
Utilities. All utilities within the B-1 District shall be located underground. Utility outlets, service entrances, transformers and other utility services shall generally be centrally clustered in a neat and orderly fashion and shall be located to the rear of buildings or screened from view.
(8) 
Residential use. Notwithstanding any contrary provisions of the Zoning Bylaw, § 310-6.11, Site plan approval, and § 310-6.12, Design review, shall also apply to all assisted living facilities and mixed-use buildings, structures or uses within the B-1 District.
(9) 
Street specifications. Notwithstanding any contrary provisions of the Zoning Bylaw, all streets and roads within the B-1 District shall conform to the specifications and construction details of the Town's Subdivision Regulations.
(10) 
Residential density. In the B-1 District business core, residential densities, except for assisted living facilities, shall not exceed the ratio of 16 units per acre for any single lot except by special permit. In the B-1 District outside the business core, residential densities for assisted living facilities shall not exceed the ratio of 16 units per acre for any single lot except by special permit by the Zoning Board of Appeals.
(11) 
Residential conversions. Residential uses shall not be commenced in buildings or structures existing at the time of the adoption of this section of the Zoning Bylaw, except by special permit by the Zoning Board of Appeals.
(12) 
Visual corner clearance. All unsignalized street intersections shall provide adequate sight distance in conformance with the requirements of the Town's Subdivision Regulations, except by special permit by the Planning Board.
(13) 
Town water. All new water connections for domestic supply or fire protection shall be connected to the Town water system. Any redevelopment which uses water shall be required to connect to the Town water system. (In order to require that a connection be made to the Town's water system, the portion of the way which fronts such a lot must contain a municipal water main into which such a connection may be made.)
B. 
Lot and building requirements and standards.
(1) 
General requirements.
(a) 
No building, structure, use, parking area, driveway, vehicle circulation area, or other vehicle accessway shall be located less than 50 feet from an adjacent parcel within a residential zoning district unless otherwise provided by special permit by the Zoning Board of Appeals.
(b) 
All outdoor facilities for the storage of fuel, refuse, materials and/or equipment shall be screened from view with a solid fence structure and located to the rear of the building to which it is accessory. The fence shall be of reasonable height, a minimum of six feet, and the enclosure shall not exceed 1,000 square feet in area except by special permit from the Planning Board.
(c) 
A green belt shall be provided on any lot that abuts a residential district should any use on said lot (including any buildings, structures, parking areas, driveways, vehicle circulation areas or other vehicle accessways) be located less than 100 feet from the residential district. Such green belt shall:
[1] 
Be located on the nonresidential lot along the shared property line.
[2] 
Have a minimum depth from the shared property line of 30 feet.
[3] 
Be used for no purpose other than planting and/or sidewalks.
[4] 
Constitute a screen of evergreen trees and/or shrubs not more than 15 feet apart planted in two or more staggered rows. The distance between each row shall not be more than 10 feet. Plants shall be no less than six feet in height at the time of planting and shall be continuously maintained.
(d) 
In those circumstances where an effective screen of existing plantings already provides an appropriate buffer, the Planning Board has the discretion, during the site plan approval process, to waive strict compliance with Subsection B(1)(c), provided that the intent of Subsection B(1)(c) is met. If such a waiver is granted, the Planning Board shall, in its site plan approval, require that the green belt be maintained and replanted where necessary to provide an effective screen throughout the life of the site and the structure.
(e) 
Landscaping requirements. For each foot of frontage, the lot shall contain 40 square feet of landscaping unless otherwise provided by special permit by the Planning Board through a site plan approval process. This requirement shall not be conditioned to require landscaping of more than 20% of the lot.
(2) 
Within the business core.
(a) 
Build-to line: any distance from between six feet and 19 feet from, and parallel with, the frontage line(s) of the lot as approved by the Planning Board unless otherwise provided by special permit by the Planning Board through a site plan approval process as part of a comprehensive streetscape plan based on existing or planned buildings on lots within the same block on both sides of the street.
[1] 
Notwithstanding the provisions of Subsection B(2)(a) above, the build-to line of a town hall shall be at least 19 feet and not more than 125 feet from the frontage line of the lot.
[2] 
Notwithstanding the provisions of Subsection B(2)(a) above, the build-to line of a municipal building which is used as a library shall be at least 10 feet and not more than 35 feet from the frontage line of the lot.
(b) 
Minimum front yard setback: six feet;
(c) 
Minimum lot size: 30,000 square feet;
(d) 
Maximum lot coverage: 80%;
(e) 
Minimum side yard setbacks: zero feet;
(f) 
Minimum lot frontage: 75 feet; and
(g) 
Minimum rear yard setback: five feet.
(3) 
Outside the business core:
(a) 
Build-to line: none;
(b) 
Minimum front yard setback: 25 feet for principal buildings;
(c) 
Minimum lot size: 30,000 square feet;
(d) 
Maximum lot coverage: 60%;
(e) 
Minimum side yard setbacks: zero feet;
(f) 
Minimum lot frontage: 100 feet; and
(g) 
Minimum rear yard setback: 10 feet.
The requirements of § 310-6.7, Parking requirements, of the Zoning Bylaw are modified by the following subsections. In the event of a conflict between § 310-6.7 and any of the following subsections, the following subsections shall control.
A. 
Shared parking. Where the applicant demonstrates to the Planning Board through the site plan approval process that parking spaces within the street within the B-1 District can be utilized by more than one use located within 500 feet of the entrance of the principal building, structure, or use of the premises, such that vehicles occupying a particular number of spaces are unlikely to require the use of those spaces at the same time of day or the same day of the week, the construction of up to 30% of a parking area may be eliminated.
[Amended 5-8-2021 ATM by Art. 21]
B. 
Attribution of parking spaces. Parking spaces may be considered as a part of the requisite parking allocated to a particular lot or use, if those spaces are entirely on that lot or the use of the spaces has been assured by assignment through easement or other legal guaranty. On-street parking, where allowed, may be considered as a part of the requisite parking allocated to a lot in accordance with the provisions of Subsection A, Shared parking.
C. 
Bicycles. Not less than one bicycle parking or storage space shall be created for every five vehicular parking spaces created.
[Amended 5-8-2021 ATM by Art. 22]
D. 
Linked parking. Parking areas of adjacent lots shall have reasonable and convenient off-street vehicular connections. Where adjacent property has not been developed, provision shall be made for future off-street connections with adjacent properties; reserved strips of land or other measures which preclude or are designed to prevent such off-street connections shall not be permitted.