Town of Southbridge, MA SECTION 8 SPECIAL REGULATIONS

8.1 Open Space Residential Development.

8.1.1 Purposes. The purposes of this Section 8.1 are to:

A. Promote efficient use of land in harmony with the Town’s natural and heritage landscapes;

B. Preserve valuable open space;

C. Foster compact development patterns using flexible density and lot dimensional and to promote and encourage creativity in neighborhood design;

D. Provide diverse and energy-efficient housing at all market levels;

E. Protect surface water and groundwater, wetlands, floodplains, agricultural lands, wildlife, and other natural resources; and

F. Promote aesthetics and the amenities of the Town.

8.1.2 Applicability. To encourage open space design, OSRD is allowed by right, subject only to the requirements of the Planning Board’s subdivision rules and regulations (“subdivision regulations”) and this Section 8.1. An OSRD that does not require approval under subdivision control is allowed by right subject to site plan approval by the Planning Board in accordance with this section and Section 2.6. There is no minimum tract size for an OSRD.

An open space residential design (OSRD) may be proposed in any residential district. All subdivisions shall comply with the open space design provisions of this Section 8.1 unless the Planning Board grants a special permit to allow a development that deviates from the requirements herein. Such deviations may be approved if the applicant demonstrates that the proposed alternative development configuration provides adequate protection of the site’s environmental resources and fulfills the purposes of this Section 8.1 as well as or better than an OSRD.

This Section 8.1 applies only to subdivisions of land as defined in G.L. c. 41, §81L, and not to construction of homes or businesses on individual lots that existed prior to September 14, 2018, or to lots created through the approval not required (ANR) process with frontage on public ways existing as such as of September 14, 2018, described in the subdivision regulations.

If the proposed open space design also involves one or more common driveways, density bonuses, or any other use or purpose that requires a special permit, the proceedings for all special permits and the site plan review for the lot configuration shall occur in one consolidated special permit process with the Planning Board.

8.1.3 Development Impact Statement and Conservation Analysis. The applicant shall present enough information about the site’s environmental and open space resources to enable the Planning Board to determine whether a proposed OSRD (or development by special permit that deviates from the requirements for an OSRD) satisfies the purposes and standards of this Section 8.1. Accordingly, the applicant shall prepare and submit a development impact statement (DIS) including a conservation analysis as described in the Planning Board’s subdivision regulations. For an OSRD that is not a subdivision, and that is presented as a site plan review application under Section 2.6, the applicant shall not be required to submit a full DIS. However, the Planning Board may require the submission of all or part of a conservation analysis as described in the subdivision regulations.

8.1.4 Conservation Analysis and Findings.

A. Prior to filing an application, an applicant is encouraged to meet with the Planning Board to discuss the conservation resources on the site. At this meeting, the Planning Board shall indicate to the applicant which land is likely to have the most conservation value and be most important to preserve and where development may be most appropriately located.

B. In the case of a proposed plan that deviates from the requirements of this Section 8.1, if the Planning Board determines that the land with the greatest conservation value cannot be protected except by use of an OSRD, the Planning Board shall deny the special permit and require that the applicant submit a plan that complies with this Section 8.1.

C. The Planning Board, in consultation with the Conservation Commission, shall study the conservation analysis, may conduct field visits, and shall formally determine which land should be preserved and where development may be located. The Planning Board shall make written findings supporting this determination (the “conservation findings”). The Planning Board shall deny any application that does not include sufficient information to make conservation findings or that does not preserve land that the Planning Board determines should be preserved from development as a result of the conservation analysis and findings.

D. The Planning Board’s conservation findings shall be incorporated into its decision to approve, approve with conditions, or deny an application. The conservation findings shall show land to be permanently preserved by a conservation restriction, as well as recommended conservation uses, ownership, and management guidelines for such land. The conservation findings shall also indicate preferred locations for development if the plan is denied based upon such findings.

8.1.5 Basic Requirements.

A. The proposed OSRD plan shall show that at least 50 percent total acreage on the site will be preserved by conservation restriction, based upon the conservation findings.

B. The maximum number of dwelling units in an OSRD shall be calculated by a formula based on the net acreage of the property. The formula is intended to take into account certain development limitations that make some land less developable than other land. This calculation involves two steps, calculating the net acreage and dividing by the base allowed density.

1. To determine net acreage, subtract the following from the total (gross) acreage of the site:

a) Half of the acreage of land with slopes of 20 percent or greater (2,000 square feet or more of contiguous sloped area at least 10 feet in width); and

b) The total acreage of lakes, ponds, land subject to easements or restrictions prohibiting development, 100-year floodplains, and all freshwater wetlands as defined in G.L. c. 131, §40, as delineated by an accredited wetlands specialist and approved by the Southbridge Conservation Commission.

Documentation of wetlands and site constraints shall be submitted in accordance with the Planning Board’s OSRD regulations.

2. To determine the base maximum number of allowable dwelling units on the site, divide the net acreage by 2 in the R1 or TF district for a project that will be connected to sewer, and by 1.5 for a project that will not be connected to the sewer system; and in the R3 district, divide the net acreage by 3. Fractional units of less than 0.5 shall be rounded down and 0.5 or more shall be rounded up.

C. The unit count determined above may be increased through density bonuses designed to advance important goals of the Southbridge master plan. Density bonuses are given by special permit at the discretion of the Planning Board based upon the expected public benefit. They are calculated by first determining the base allowable unit count without rounding fractional units up or down, and then multiplying that number by 100 percent plus the percentages listed below. Resulting fractional units, if any, shall be rounded up or down as in Section 8.1.5(B)(2).

1. If the applicant allows deeded public access to the open space portion of the property and the Planning Board finds that such public access provides a significant recreational benefit to the Town: a maximum of 10 percent.

2. If the applicant restricts ownership or rental and occupancy of units allowed by Section 8.1.5(B) as affordable housing and makes a binding commitment to construct such affordable dwellings: a maximum of 50 percent. For every unit dedicated as an affordable unit, the Planning Board may approve up to two bonus market rate units, up to the maximum 50 percent.

3. If the applicant preserves as permanent open space more than the minimum required percentage: a maximum 10 percent density bonus per additional 5 percent of the parcel preserved as open space.

D. The housing types allowed in an OSRD include single-family, two-family, or multifamily dwellings. The subdivision approval and special permit/site plan requirements shall be fulfilled concurrently in one proceeding to the extent practical. Any OSRD application involving two-family or multifamily dwellings shall include a site plan that shows the location, layout, height, and setbacks of such dwellings. Accessory apartments shall be permitted in OSRD developments and shall not be counted toward the total maximum number of units in the development.

8.1.6 Dimensional and Design Requirements.

A. Minimum Lot Sizes in Open Space Designs. The limiting factor on lot size in an OSRD is the need for adequate water supply and sewage disposal. Accordingly, there is no required minimum lot size for zoning purposes. This does not affect the power of the Board of Health to require areas on a lot for the disposal of sewage and the protection of water supply.

B. Setbacks, Road Frontage, and Road Requirements. The minimum setback shall be 10 feet from any property line. There shall be no numerical requirements for lot frontage in an OSRD; provided, that each lot has legally and practically adequate vehicular access to a public way or a way approved under the subdivision regulations across its own frontage or via a shared driveway approved by the Planning Board. All dwellings must comply with applicable Board of Health requirements. The Planning Board may modify the applicable road construction requirements for new roads within an OSRD as provided in the subdivision regulations if it finds that such modifications will be consistent with the purposes of this Section 8.1 and the master plan.

C. Arrangement of Lots.

1. Lots shall be located and arranged in a manner that protects views from roads and other publicly accessible points; farmland; wildlife habitat; large intact forest areas; hilltops; ponds; steep slopes; and other sensitive environmental resources, while facilitating pedestrian circulation. Generally, residential lots shall be located the minimum feasible distance from existing public roadways. The Planning Board shall take into consideration the conservation analysis and findings in approving the arrangement of lots.

2. Lot, roadway, and driveway layouts, land alterations, and placement of structures shall follow any design guidelines for OSRD which may be adopted by the Planning Board.

8.1.7 Open Space.

A. Open space set aside in an OSRD or as a condition of any special permit or site plan approval shall be permanently preserved from development as required by this Section 8.1. The Planning Board may not require such open space to be accessible to the public unless a density bonus is allowed under Section 8.1.5(C). Any development permitted in connection with the setting aside of open space land shall not compromise the conservation value of such open space land, based on the conservation findings of the Planning Board.

B. All land required to be set aside as open space in connection with any OSRD shall be so noted on any approved plans and shall be protected by a permanent conservation restriction to be held by the Town of Southbridge, the Commonwealth of Massachusetts, or a nonprofit conservation organization qualified to hold conservation restrictions under G.L. c. 184, §31, and also qualified to hold tax-deductible conservation easements under Section 170(h) of the Internal Revenue Code. The restriction shall specify the permitted uses of the restricted land which may otherwise constitute development. The restriction may permit, but the Planning Board may not require, public access or access by residents of the development to the protected open space land.

C. Protected open space may be held in private ownership, owned in common by a homeowner’s association (HOA), dedicated to the Town of Southbridge or state government with their consent, transferred to a nonprofit organization acceptable to the Planning Board, or held in such other form of ownership as the Planning Board finds appropriate to manage the open space land and protect its conservation value.

If the land is owned in common by an HOA, such HOA shall be established in accordance with the following:

1. The HOA must be created before final approval of the development and must comply with all applicable provisions of state law.

2. Membership must be mandatory for each lot owner, who must be required by recorded covenants and restrictions to pay fees to the HOA for taxes, insurance, and maintenance of common open space, private roads, and other common facilities.

3. The HOA must be responsible for liability insurance, property taxes, the maintenance of recreational and other facilities, private roads, and any shared driveways.

4. Property owners must pay their pro rata share of the costs in this subsection, and the assessment levied by the HOA must be able to become a lien on the property.

5. The HOA must be able to adjust the assessment to meet changed needs.

6. Ownership shall be structured in such a manner that real property taxing authorities may satisfy property tax claims against the open space lands by proceeding against individual owners in the HOA and the dwelling units they each own.

7. The Town Attorney shall find that the HOA documents satisfy the conditions listed above and such other conditions as the Planning Board shall deem necessary.

D. Maintenance Standards.

1. Ongoing maintenance standards shall be established as a condition of development approval to ensure that the open space land is not used for storage or dumping of refuse, junk, or other offensive or hazardous materials. Such standards shall be enforceable by the Town against any owner of open space land, including an HOA.

2. If the Board of Selectmen finds that the provisions of subsection (D)(1) are being violated to the extent that the condition of the land constitutes a public nuisance, it may, upon 30 days’ written notice to the owner, enter the premises for necessary maintenance, and the cost of such maintenance by the Town shall be assessed ratably against the landowner or, in the case of an HOA, the owners of properties within the development, and shall, if unpaid, become a property tax lien on such property or properties.

8.1.8 OSRD Rules and Regulations. The Planning Board may adopt rules and regulations, including administrative procedures and design guidelines, to implement this Section 8.1.

8.2 Agriculturally Related Uses.

8.2.1 

Purposes. The purpose of this Section 8.2 is to promote and maintain local farming. Toward that end, this Section 8.2 provides for a variety of agriculturally related uses and farm-affiliated businesses that are not explicitly exempt under G.L. c. 40A, §3, but which the Town of Southbridge deems important for the preservation of a rural economy in order to:

1. Maintain and promote agriculture and its related activities, such as agricultural tourism;

2. Preserve open space and farmland;

3. Maintain both an agricultural heritage and a rural character;

4. Increase community benefits by having fresh, local produce for sale; and

5. Increase positive growing businesses that contribute to the economy of the region and the Commonwealth.

8.2.2 Applicability. The provisions of this Section 8.2 shall apply to any farm as defined in this By-law.

8.2.3 Use Regulations.

A. The following agriculturally related uses are permitted in any district:

1. Seasonal outdoors mazes of agricultural origin such as straw bales or corn.

2. Petting farm, animal display, and pony rides.

3. Wagon, sleigh and hayrides.

4. Nature trails.

5. Open air or covered picnic area with restrooms.

6. Educational classes, lectures, seminars.

B. The following farm-affiliated businesses and uses are permitted in any district, subject to site plan approval by the Planning Board in accordance with Section 2.6 and this Section 8.2:

1. Storage, retail or wholesale marketing, or processing of agricultural products into a value-added agricultural product is permitted if more than 50 percent of the stored, processed, or merchandised products are produced by the farm operator for at least 3 of the immediately preceding 5 years.

2. Cider mill or winery selling product, in a tasting room, derived from crops grown primarily on site for at least 3 of the immediately preceding 5 years.

3. Historical agricultural exhibits.

4. Gift shop for the sale of agricultural products and agriculturally related products.

5. Designated parking for 20 or more vehicles.

6. Commercial or cooperative kitchen, cannery, or co-packing facility.

C. The following uses are allowed only by special permit from the Planning Board:

1. Restaurant related to the agricultural use on the site.

2. Nonagriculturally related uses, such as small-scale entertainment venue or organized meeting space, made available for rent for weddings, corporate picnics, birthday parties, and the like.

8.3 Senior Residential Development.

8.3.1 Purposes. The purpose of this Section 8.3 is to provide for a variety of housing types, settings, and residential services to meet the needs of people as they age.

8.3.2 Applicability.

A. The Planning Board may grant a special permit for a senior residential development in accordance with this Section 8.3 on any tract of land meeting the following requirements:

1. Two or more acres of land;

2. Minimum of 100 feet of frontage on a public way; and

3. Public water available at the street frontage.

B. A senior residential development is intended for people age 55 or over. As such, buildings and site improvements in a senior residential development shall provide for visitability and universal design in accordance with the provisions of this Section 8.3.

8.3.3 Uses.

A. A senior residential development shall include one or more of the following uses:

1. Cottage dwellings.

2. Two-family dwellings.

3. Townhouse dwellings.

4. Independent living units.

5. Assisted living residence, with or without memory care units.

B. Continuing care retirement community, which shall include an assisted living residence and one or more of the other uses listed above, and may include a skilled nursing facility or physical rehabilitation facility with not more than 100 beds.

C. An assisted living residence or continuing care retirement community may include the following nonresidential uses for the benefit of its residents and their guests; provided, that aggregate floor area for the nonresidential uses shall not exceed 10 percent of the total gross floor area of the buildings in the development:

1. Retail, up to a maximum of 2,500 sq. ft.

2. Personal services.

3. Medical office or clinic.

4. Community center or senior center.

D. A senior residential development may also include the following uses:

1. Adult day care center.

2. Accessory uses for residents, employees, and guests, such as central or common dining facilities or laundry facilities, or indoor or outdoor recreation facilities.

3. Conservation or agricultural uses.

8.3.4 Basic Requirements.

A. A senior residential development shall comply with the following density regulations:

Use	Maximum Density	Maximum Building Height (feet)
Cottage dwellings or two-family dwellings	4 units/acre	32
Townhouse dwellings	8 units/acre	32
Independent living units	20 units/acre	55
Assisted living residence	16 units/acre	40

B. Maximum building coverage shall not exceed 35 percent of the lot area for new construction or expansion of existing structures.

C. For detached single-family dwellings, two-family dwellings, and townhouses, the minimum setback shall be 30 feet from all property lines unless the Planning Board determines that a reduced setback is necessary to achieve the purposes of this section and will not have a detrimental impact on the neighborhood. The minimum setback for an assisted living residence, independent living units, or any buildings in a continuing care retirement community shall be 50 feet in all districts.

D. No dwelling unit in a senior residential development shall have more than two bedrooms without approval from the Planning Board.

E. The minimum common open space in the development shall be 30 percent of the lot area, and not more than 25 percent of the required minimum common open space shall consist of wetlands. A permanent conservation restriction running to or enforceable by the Town shall be recorded for the common open space area and shall include restrictions that the land be retained in perpetuity for conservation or passive recreation.

8.3.5 Age-Appropriate Design. A senior residential development shall be designed to provide senior housing services in a setting that encourages and supports aging in community. Units must be “visitable” and age-appropriate by design. At minimum, these terms mean that a senior residential development shall have the following features:

A. Single-family, two-family, and townhouse units shall provide for:

1. At least one zero-step entrance;

2. Doorways with a 36-inch clear passage space;

3. Master bedroom and an accessible en suite bathroom located on the same floor as the kitchen, living room, and dining room, all being on the same floor as the zero-step entrance;

4. Master bedroom and en suite bathroom designed and equipped for seniors and people with mobility impairments; and

5. Indoor or structured parking.

B. Independent living units and assisted living facilities shall comply with the accessibility requirements of the Massachusetts Architectural Access Board.

C. Outdoor facilities, such as walkways, gardens, and recreation areas, shall be designed for universal access.

8.3.6 Development Standards. As part of the Planning Board’s special permit review process, the Board shall evaluate the proposed senior residential development for conformance to the following minimum design standards.

A. Architectural planning and design shall incorporate energy efficient design techniques, such as natural heating and cooling systems, use of sun and wind energy generation systems, and so forth.

B. Structures located near the project property lines shall be designed and located in a manner that reflects consistency and compatibility with neighboring areas, and shall include appropriate use of building density, heights and design to minimize any intrusion on neighbors.

C. Outdoor recreation or gathering areas, particularly those that may generate significant noise and/or light and glare, shall be located to minimize intrusion on neighboring properties.

D. Structures shall be clustered to reduce site disturbance and protect open spaces, natural and environmentally sensitive areas.

E. Building design shall avoid use of long, unbroken facades, and shall include use of balconies, offset walls, trellises and other design features.

F. Building design, colors, and materials shall generally correspond to the natural setting of the project site, and to any prevalent design styles that may occur in neighborhoods within the general project area.

G. The development shall be served by public water.

8.3.7 Procedures.

A. The special permit application, public hearing, and decision procedures shall be in accordance with this Section 8.3, the Planning Board’s rules and regulations, and Section 2.5.

B. The applicant shall submit a senior residential development special permit application together with the size, form, number, and contents of the required plans and any supplemental information as required in the Planning Board’s rules and regulations.

8.3.8 Decision.

A. The Planning Board may grant a senior residential development special permit with any conditions, safeguards, and limitations it deems necessary to mitigate the project’s impact on the surrounding area and to ensure compliance with this section only upon finding that:

1. That the senior residential development meets the purposes, requirements, and development standards of this Section 8.3; and

2. That the senior residential development is consistent with the goals of the Southbridge master plan.

8.4 Home Occupation.

8.4.1 Purposes. The purpose of this Section 8.4 is to provide for the conduct of home occupations while preserving the residential character of the premises and preventing adverse effects on the neighborhood.

8.4.2 Basic Requirements. A home occupation shall be allowed by right as shown in Table 1, Schedule of Uses, if it meets the requirements of this Section 8.4:

A. It is incidental to a permitted principal use on the same premises;

B. It is not detrimental to a residential or rural neighborhood, and the existing character of the neighborhood is preserved;

C. It is clearly secondary and subordinate to the residential use of the premises;

D. It has no more than 2 nonresident employees working primarily on the premises;

E. Adequate off-street parking is available;

F. There are no exterior alterations that change the residential appearance of the dwelling;

G. Except as provided in subsections (H) and (I) of this section, there is no exterior indication of the accessory use and no exterior display of merchandise of greater than 100 square feet in total area;

H. All storage of materials, supplies, or equipment is within the principal building, suitable accessory buildings, and/or within no greater than 500 square feet of total outdoor yard area; and

I. There shall be no sign to identify the home occupation.

8.4.3 Special Permits. A home occupation that does not comply with all of the above standards shall only be allowed by special permit from the Planning Board. Special permits granted hereunder shall be based upon the criteria in Section 2.5.

8.5 Solar as of Right.

8.5.1 Purposes. The purpose of this By-law is to promote the creation of new commercial ground-mounted solar photovoltaic installations by providing standards for the placement, design, construction, operation, monitoring, modification and removal of such installations that address public safety, minimize impacts on scenic, natural and historic resources and to provide adequate financial assurance for the eventual decommissioning of such installations. The Town encourages solar installations in the Industrial Districts.

8.5.2 Applicability. This section applies to commercial ground-mounted solar photovoltaic installations proposed to be constructed after the effective date of the By-law codified in this section. This section also pertains to physical modifications that materially alter the type, configuration, or size of these installations or related equipment. This By-law shall apply to the construction, operation, and/or repair of commercial ground-mounted solar photovoltaic installations greater than 50 kilowatts and up to 700 kilowatts that occupy no more than five acres of land. Any facility larger than 700 kilowatts, or occupying more than five acres of land on one or more adjacent parcels in common ownership – including those separated by a roadway, shall require a special permit in accordance with Section 2.5. Smaller scale or noncommercial ground-mounted solar photovoltaic installations that are an accessory structure to an existing residential or nonresidential use do not need to comply with this section, but shall require a building permit and must comply with all other applicable provisions of the Southbridge Zoning By-law.

8.5.3 General Requirements for all Commercial Ground-Mounted Solar Power Generation Installations.

A. Compliance with Laws, Ordinances, and Regulations. The construction and operation of all commercial ground-mounted solar photovoltaic installations shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, electrical, and communications requirements. All buildings and fixtures forming part of a solar photovoltaic installation shall be constructed in accordance with the current State Building Code.

B. Building Permit and Building Inspection. No commercial solar photovoltaic installation shall be constructed, installed or modified as provided in this section without first obtaining a building permit. The application for a building permit must be accompanied by the fee required. The Zoning Enforcement Officer shall determine the number and dates of the inspections.

C. Site Plan Review. Commercial solar photovoltaic installations (250 KW or larger of rated nameplate capacity) shall undergo site plan review by the Planning Board prior to construction, installation or modification as provided in this section. The contents of the site plan approval submission shall be in accordance with the Planning Board’s rules and regulations.

D. Utility Notification. No commercial ground-mounted solar photovoltaic installation shall be constructed until evidence has been given to the Planning Board that the utility company that operates the electrical grid where the installation is to be located has been informed of the proposed installation’s owner’s or operator’s intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

8.5.4 Dimensional and Density Requirements.

A. Setbacks. For large-scale ground-mounted solar photovoltaic installations, front, side and rear setbacks shall be as follows:

1. The front setback shall be at least 75 feet;

2. Each side setback shall be at least 75 feet;

3. The rear setback shall be at least 75 feet;

B. Appurtenant Structures. All appurtenant structures to commercial ground-mounted solar photovoltaic installations shall be considered accessory uses and shall be subject to Sections 4 and 5 regarding bulk, height, lot area, setbacks, open space, parking and building coverage requirements. All such appurtenant structures, including, but not limited to, equipment shelters, storage facilities, transformers, and substations, shall be architecturally compatible with each other. Whenever reasonable, structures should be shaded from view by vegetation and/or joined or clustered to avoid adverse visual impacts.

8.5.5 Design Standards. All commercial ground-mounted solar photovoltaic installations shall be in compliance with Section 2.6.

A. Lighting. Lighting of solar photovoltaic installations shall be consistent with local, state and federal law. Lighting of other parts of the installation, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties. Where feasible, lighting of the solar photovoltaic installation shall be directed downward and shall incorporate full cut-off fixtures to reduce light pollution.

B. Signage. Signs on commercial ground-mounted solar photovoltaic installations shall conform to the Town of Southbridge sign By-law. A sign consistent with the sign By-law shall identify the owner and provide a 24-hour emergency contact phone number. Solar photovoltaic installations shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the solar photovoltaic installation.

C. Utility Connections. Reasonable efforts, as determined by the Planning Board, shall be made to place all utility connections from the solar photovoltaic installation underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider.

8.5.6 Safety and Environmental Standards.

A. Emergency Services. The commercial solar photovoltaic installation owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the Southbridge Fire Department. Upon request, the owner or operator shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the solar photovoltaic installation shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the site of the installation.

B. Land Clearing, Soil Erosion, and Habitat Impacts. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the commercial ground-mounted solar photovoltaic installation or otherwise prescribed by applicable laws, regulations, and By-laws.

C. Monitoring and Maintenance.

1. Solar Photovoltaic Installation Conditions. The commercial ground-mounted solar photovoltaic installation owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, snow plowing, access road maintenance, mowing, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the Southbridge Fire and Police Departments. The owner or operator shall be responsible for the cost of maintaining the commercial solar photovoltaic installation and any access road(s), unless accepted as a public way.

8.5.7 Modifications. All material modifications to a solar photovoltaic installation made after issuance of the required building permit shall require approval by the Planning Board.

8.5.8 Abandonment or Decommissioning.

A. Removal Requirements. Any commercial ground-mounted solar photovoltaic installation which has reached the end of its useful life or has been abandoned consistent with subsection (B) of this section shall be removed. The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or operator shall notify the Planning Board by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:

1. Physical removal of all ground-mounted solar photovoltaic installations, structures, equipment, security barriers, and transmission lines from the site.

2. Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.

3. Stabilization or revegetation of the site as necessary to minimize erosion and revert to the state and condition of the site prior to the ground-mounted photovoltaic installation, including planting of trees. The Planning Board may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.

B. Abandonment. The Planning Board shall require surety for decommissioning to ensure that removal requirements are met in the event the Town must remove the installation and remediate the landscape. Applicants shall provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal. The amount and form of surety shall be determined to be reasonable by the Planning Board, but in no event shall exceed 125% of the cost of removal and compliance as determined by the applicant and the Town. The applicant shall submit a fully inclusive estimate of the costs associated with removal, as prepared by a qualified, professional engineer. The estimate shall include the cost of removal of underground construction. The amount shall be no less than 10% of the expected construction costs, exclusive of panel purchase costs, and shall include a mechanism for calculating increased removal costs due to inflation. This surety may also be used to recover license fees or any other debt to the Town that the owner or operator might owe at the time of decommissioning.

8.6 Medical Marijuana and Registered Marijuana Dispensaries.

8.6.1 Purposes. The purpose and intent of Section 8.6 is to provide for the limited establishment of registered marijuana dispensaries, known hereafter as “RMD,” as registered medical marijuana cultivation centers (RMMCC) and registered medical marijuana dispensary centers (RMMDC), in locations suitable for lawful RMDs; to minimize any adverse impacts on adjacent properties, residential neighborhoods, schools, playgrounds and other areas where children commonly congregate, local historic districts and other areas that are incompatible with such uses; and for the location of RMDs where they may be readily monitored by law enforcement for health and public safety purposes.

Subject to the provisions of this Zoning By-law, Chapter 40A of the Massachusetts General Laws, and 105 CMR 725.000, registered medical marijuana cultivation centers and registered medical marijuana dispensary centers will be permitted to provide medical support, security, and physician oversight that meet or exceed state regulations as established by the Massachusetts Department of Public Health (DPH).

It is neither the purpose nor intent of this section of the By-law to supersede any federal or state laws governing the sale or distribution of narcotic drugs.

8.6.2 Applicability. This section applies to registered marijuana dispensaries (RMD) to be constructed after the effective date of the By-law codified in this section. The commercial cultivation, production, processing, assembly, packaging, retail or wholesale sale, trade, distribution or dispensing of marijuana for medical use is prohibited unless permitted or established as an RMD under this Section 8.6. An RMD may be permitted upon application to and the granting of a special permit and site plan approval by the Planning Board, acting as the special permit granting authority, as specified in the Planning Board’s rules and regulations.

8.6.3 Requirements for Registered Marijuana Dispensaries. In addition to the standard requirements for uses permitted by right or requiring a special permit or site plan approval, the following shall also apply to all registered medical marijuana cultivation centers and registered medical marijuana dispensary centers:

A. Application Requirements.

1. The special permit application, public hearing, and decision procedures shall be in accordance with this Section 8.6, the Planning Board’s rules and regulations, and Section 2.5.

2. In addition to those materials required for special permit and site plan approval as listed in the Planning Board’s rules and regulations, no special permit will be granted by the Planning Board for an RMD unless an application containing the following is submitted:

a) A copy of its certificate of registration to operate an RMD issued by the Massachusetts Department of Public Health.

b) A proposed timeline for achieving operation of the RMD and evidence that the applicant will be ready to operate within that proposed timeline.

c) A statement indicating the need for an RMD in the Town of Southbridge and the projected service area including the current patient population amounts in that service area.

d) Evidence that the applicant has adequate liability insurance.

e) A copy of the detailed written operating procedures as required by the Massachusetts Department of Public Health in 105 CMR 725.105 (or its successor regulation) and as otherwise required by other applicable law or regulation.

f) Locations of all other RMDs in Worcester County.

g) A copy of the policies and procedures for patient or personal caregiver home delivery required by the Massachusetts Department of Public Health for the RMD.

h) A copy of the policies and procedures for the transfer, acquisition, or sale of marijuana between the RMD and another or independent testing laboratory as required by the Massachusetts Department of Public Health.

i) A copy of proposed waste disposal procedures.

j) A description and list of any waivers granted by the Massachusetts Department of Public Health for the RMD.

k) Details of proposed fertilizer, pesticide, water usage, and wastewater plans for any site that will include cultivation.

l) Evidence of the applicant’s right to use the proposed site of the RMD facility such as a deed, lease or other real estate instrument. Additionally, if a cultivation facility, evidence of contract or agreement to grow marijuana for a certified dispensary.

m) If the applicant is a business organization, a statement under oath disclosing all of its owners, shareholders, partners, members, managers, directors, officers, or other similarly-situated individuals and entities and their addresses. If any of these above entities are business organizations rather than individuals, the applicant must disclose the identity of the owners of such entities or business organizations for each level of ownership until the disclosure contains the names of all individuals and their addresses.

n) A detailed floor plan of the premises of the proposed RMD that identifies the square footage available and describes the functional areas of the RMD, including areas for any preparation of marijuana-infused products or open-air cultivation.

o) A description of the security measures, including employee security policies, required by the Massachusetts Department of Public Health for the RMD.

p) Proposed security measures for the RMD, including lighting, fencing, storage, gates, and alarms to ensure the safety of persons and to protect the premises from theft.

q) Detailed site plans that include all of the information required under rules and regulations of the Planning Board, including distances to any of the uses identified in subsection (D) of this section.

B. Use.

1. RMMCC and RMMDC facilities may only be involved in the uses permitted by its definition and may not include other businesses or services.

2. No smoking, burning, application, or consumption of any product containing marijuana or marijuana-related products shall be permitted on the premises.

3. Hours of operation for any RMD shall be established by the Planning Board, but in no event shall said facilities be open and/or operating between the hours of 9:00 PM and 8:00 AM, including delivery services.

4. RMD facilities that can demonstrate that they comply with the agricultural exemption under M.G.L. Chapter 40A, §3, must still apply for site plan approval.

C. Physical Requirements.

1. No RMD shall have drive-through services.

2. Ventilation. All RMMCC and RMMDC facilities shall be ventilated in such a manner that no:

a) Pesticides, insecticides or other chemicals or products used in the cultivation or processing are dispersed into the outside atmosphere; and

b) No odor from marijuana or its processing can be detected by a person with an unimpaired and otherwise normal sense of smell at the exterior of the medical marijuana business or at any adjoining use or property.

3. Exterior signs shall identify only the name of the RMD, but shall not display advertisements for marijuana or any brand name, nor shall marijuana, marijuana-infused products, or associated products be displayed or clearly visible to a person from the exterior of the RMD.

4. All exterior building openings, entries and windows shall be screened in such a manner as to prevent the public’s view of the interior from any public or private way or from any abutting property.

5. If cultivation facility, a 6-foot fence or screening with security top should be erected.

D. Location Requirements.

1. No RMD facility shall be located within five hundred feet (500') of the following, or two hundred fifty feet (250') if located in the Central Core, as measured in a straight line from the building and/or area actively used;

a) Public or private preschool, primary or secondary school, dance or gymnastics school, martial arts school, licensed day care center, or any other facility where children commonly congregate in an organized ongoing formal basis under 105 CMR 725.110(A)(14); or

b) A public library; or

c) A playground, athletic field, or any other recreational areas where children commonly congregate under CMR 725.110(A)(14) that are not contained within a building.

2. No RMMCC is to be located within:

a) One hundred feet (100') of any abutting, occupied residence in a residential zoning district, as measured in a straight line from existing structure to proposed development.

b) Two hundred fifty feet (250') of any nonconforming residential structures in nonresidential districts, as measured in a straight line from existing structure to proposed development.

3. No RMMDC is to be located within two hundred fifty feet (250') of any Residential Zoning District, residential structure, or any nonconforming residential structures in nonresidential districts. Distance shall be measured in a straight line from residential zone boundary line or from existing structure to proposed development.

4. No marijuana or marijuana-based products shall be sold or grown or cultivated in motels and dormitories, or inside a mobile structure such as a cargo container, motor vehicle or other similar nonpermanent enclosure.

5. The distance requirements may be reduced at the discretion of the Planning Board through the special permit application, if the applicant demonstrates that the marijuana establishment will employ adequate security measures to prevent diversion of marijuana to minors.

E. Reporting Requirements.

1. All special permit and site plan approval holders for an RMMCC or RMMDC facility shall provide the Police Department, Fire Department, Department of Inspections Services and the Planning Board with the names, phone numbers and email addresses of all management staff and key-holders, including a minimum of two (2) operators or managers of the facility identified as contact persons to whom one can provide notice if there are operating problems associated with the establishment. All such contact information shall be updated as needed to keep it current and accurate.

2. The permit holder shall file a copy of any incident report required under 105 CMR 725.110(F) with the Department of Inspections Services, Board of Health, Police Department, Fire Department, and the Planning Board within 24 hours of creation by the RMD. Such reports may be redacted as necessary to comply with any applicable state or federal laws and regulations.

3. The permit holder shall file a copy of any deficiency statement, plan of correction, summary cease and desist order, quarantine order, summary suspension order, order limiting sales, notice of a hearing, or final action issued by DPH or the Division of Administrative Law Appeals, as applicable, regarding the RMD with the Department of Inspection Services, Police Department, and Planning Board within 48 hours of receipt by the RMD.

4. Each RMD permitted under this Zoning By-law shall as a condition of its special permit file an annual report to the Planning Board and the Town Clerk and provide a copy of all current applicable state licenses and registrations for the RMD and/or its owners, any updated operating policies required under 105 CMR 725.105 or by the Department of Public Health, the current insurance policies for the RMD, and demonstrated compliance with the conditions of the special permit.

5. The owner or manager is required to respond by phone or email within twenty-four hours of contact by a city official concerning their RMMCC or RMMDC at the phone number or email address provided to the City as the contact for the business.

8.6.4 Approval/Transfer/Discontinuance of Use.

A. The special permit shall remain exclusively with the applicant (who shall also be known as “permit holder” after the granting of the special permit), who shall be the owner or lessee of the premises described in the application as the site for the proposed RMD, and shall terminate automatically on the date there is a voluntary or involuntary separation of the applicant’s title or leasehold interest in the premises or the applicant’s right to occupy the premises terminates for any reason.

B. A special permit granted under this section is nontransferable and shall have a term limited to the duration of the applicant’s ownership or leasing of the premises as an RMD, dependent on the applicant’s continued existence as the same legal entity. Any violation of subsection (E) of this section shall be considered a “transfer” for purposes of this By-law.

C. The special permit shall lapse upon the expiration or termination of the applicant’s registration by DPH.

D. The permit holder shall notify the Department of Inspection Services and Police Department, and Planning Board in writing within 48 hours of the cessation of operation of the RMD or the expiration or termination of the permit holder’s registration with DPH.

E. The legal entity and structure of the applicant/permit holder shall not change, as represented in compliance with Section 8.6.3(A)(2)(m).

F. An RMD shall be required to remove all material, plants, equipment, and other paraphernalia, in compliance with 105 CMR 725.105(J) and (O), prior to surrendering state-issued licenses or permits; or within six months of ceasing operations, whichever comes first.

8.6.5 Findings. In addition to the standard findings for a special permit or site plan approval the special permit granting authority must also find all the following:

A. That the RMMCC or RMMDC facility demonstrates that it will meet all the permitting requirements of all applicable agencies within the Commonwealth of Massachusetts and will be in compliance with all applicable state laws and regulations;

B. That the applicant has satisfied all of the conditions and requirements of this section and other applicable sections of this By-law/Ordinance;

C. That the RMMCC or RMMDC facility is designed to minimize any adverse visual or economic impacts on abutters and other parties in interest;

D. That the RMMCC or RMMDC facility provides adequate security measures to ensure that no individual participant will pose a direct threat to the health or safety of other individuals, and that the storage and/or location of cultivation is adequately secured;

E. That the RMMCC or RMMDC facility adequately addresses issues of traffic demand, circulation flow, parking and queuing, particularly at peak periods at the facility, and their impact on neighboring uses.

8.7 Adult Use Marijuana Establishments.

[Added 11-4-2019; amended 10-7-2024]

8.7.1 Purposes.

It is recognized that the nature of the substance cultivated, processed, and/or sold by marijuana establishments should be located in such a way as to ensure the health, safety, and general wellbeing of the public as well as legally authorized adult customers seeking to legally purchase marijuana for their own use. The specific and separate regulation of marijuana establishments (here-after also referred to as an ME) is necessary to advance these purposes and ensure that such facilities are not located within close proximity of minors and do not become concentrated in any one area within the Town of Southbridge.

Subject to the provisions of this Zoning By-law, Chapter 40A of the Massachusetts General Laws, Chapter 94G of the Massachusetts General Laws and 935 CMR 500, marijuana establishments will be permitted to provide legal cultivation, product manufacturing and retail sale of marijuana for nonmedical adult marijuana use in a manner that complies with state regulations.

It is neither the purpose nor intent of this section of the By-law to supersede any federal or state laws governing the sale or distribution of narcotic drugs.

8.7.2 Applicability.

This section applies to (recreational) adult use marijuana establishments (AUME) to be constructed after the effective date of this section. The commercial cultivation, production, processing, assembly, packaging, retail or wholesale sale, trade, distribution or dispensing of marijuana for adult and medical use is permitted upon application to and the granting of a special permit and site plan approval by the Planning Board, acting as the special permit granting authority, as specified in the Planning Board’s rules and regulations.

This by-law does not apply to the cultivation of industrial hemp as is regulated by the Massachusetts Department of Agricultural Resources pursuant to General Laws, Chapter 128, Sections 116 through 123.

8.7.3 Requirements for Adult Use Marijuana Establishments. In addition to the standard requirements for uses permitted by right or requiring a special permit or site plan approval, the following shall also apply to all marijuana establishments:

A. Application Requirements. The special permit application, public hearing, and decision procedures shall be in accordance with this Section 8.7, the Planning Board’s rules and regulations, and Section 2.5.

In addition to those materials required for special permit and site plan approval as listed in the Planning Board’s rules and regulations, no special permit will be granted by the Planning Board for a marijuana establishment unless an application containing the following is submitted:

1. A copy of the Town Council-approved host community agreement.

2. A proposed timeline for achieving operation of the ME and evidence that the applicant will be ready to operate within that proposed timeline.

3. Evidence that the applicant has adequate liability insurance or maintenance of escrow as required in 935 CMR 500.

4. A copy of the detailed written operating procedures as required by the Cannabis Control Commission (hereafter CCC) in 935 CMR 500.105 (or its successor regulation) and as otherwise required by other applicable law or regulation.

5. Locations of all other AUMEs in Worcester County.

6. A copy of the policies and procedures for home delivery required by the CCC for the AUME.

7. A copy of the policies and procedures for the transfer, acquisition, or sale of marijuana between the AUME and another or independent testing laboratory as required by the CCC.

8. A copy of proposed waste disposal procedures.

9. A description and list of any waivers granted by the CCC for the AUME.

10. Details of proposed fertilizer, pesticide, water usage, and wastewater plans for any site that will include cultivation.

11. Evidence of the applicant’s right to use the proposed site of the marijuana establishment such as a deed, lease or other real estate instrument. Additionally, if a cultivation facility, evidence of contract or agreement to grow marijuana.

12. A detailed floor plan of the premises of the proposed AUME that identifies the square footage available and describes the functional areas of the AUME, including areas for any preparation of marijuana-infused products or open-air cultivation.

13. A description of the security measures, including employee security policies, required by the CCC for the AUME.

14. A conditional letter of approval of the security measures for the AUME, including lighting, fencing, storage, gates, and alarms to ensure the safety of persons and to protect the premises from theft, from the Southbridge Police Department.

15. Detailed site plans that include all of the information required under rules and regulations of the Planning Board, including distances to any of the uses identified in Section 8.7.3(E).

B. Use.

1. AUME facilities may only be involved in the uses permitted by its definition and may not include other businesses or services.

2. No smoking, burning, application, or consumption of any product containing marijuana or marijuana-related products shall be permitted on the premises, unless expressly permitted under this law and permitted by state law or regulation. The prohibition on on-site consumption shall also include private social clubs or any other establishment which allows for social consumption of marijuana or marijuana products on the premises, regardless of whether the product is sold to consumers on site.

3. Hours of operation for any AUME retail establishments shall be established by the Planning Board, but in no event shall said facilities be open to the public between the hours of 11:00 PM and 8:00 AM, including home delivery services.

4. AUME facilities that can demonstrate that they comply with the agricultural exemption under M.G.L. Chapter 40A, Section 3 must still apply for site plan approval.

C. Limit on Retail Establishments.

1. Retail establishments shall be limited to four (4).

D. 

Physical Requirements.

1. No AUME shall have drive-through services.

2. Ventilation. All AUME facilities shall be ventilated in such a manner that no:

a. Pesticides, insecticides or other chemicals or products used in the cultivation or processing are dispersed into the outside atmosphere; and

b. Odor from marijuana or its processing can be detected by a person with an unimpaired and otherwise normal sense of smell at the exterior of the marijuana business or at any adjoining use or property.

3. Exterior signs shall identify only the name of the AUME, but shall not display advertisements for marijuana or any brand name, nor shall marijuana, marijuana-infused products, or associated products be displayed or clearly visible to a person from the exterior of the AUME.

4. For AUME retail establishments, all exterior building openings, entries and windows shall be approved by the Planning Board for purposes of display of goods, signage, etc.

E. 

Location Requirements.

1. No AUME retail building shall be located within five hundred feet (500') of the following, or two hundred fifty feet (250') if located in the Central Core, as measured in a straight line from the building and/or area actively used:

a. Public or private pre-school, primary or secondary school [under 935 CMR 500.110(3)l], dance or gymnastics school, martial arts school, licensed day care center, or any other facility where children commonly congregate in an organized ongoing formal basis; or

b. A public library; or

c. A playground, athletic field, or any other recreational areas where children commonly congregate.

2. No AUME cultivation/manufacturing/laboratory facility is to be located within:

a. One hundred feet (100') of any abutting, occupied residence in a residential zoning district, as measured in a straight line from existing structure to proposed development.

b. Two hundred fifty feet (250') of any nonconforming residential structures in nonresidential districts, as measured in a straight line from existing structure to proposed development.

3. No AUME retail establishment is to be located within two hundred fifty feet (250') of any residential zoning district, residential structure, or any nonconforming residential structures in nonresidential districts. Distance shall be measured in a straight line from residential zone boundary line or from existing structure to proposed development. Additionally, no AUME retail establishment shall be located within two hundred fifty feet (250') of any other AUME retail establishment. Distance shall be measured in a straight line from the building and/or area actively used to the building and/or area actively used for any other AUME retail establishment.

4. No marijuana or marijuana-based products shall be sold or grown or cultivated in motels and dormitories, or inside a mobile structure such as a cargo container, motor vehicle or other similar nonpermanent enclosure.

5. The distance requirements may be altered at the discretion of the Planning Board through the special permit application, reduced only if the applicant demonstrates that the marijuana establishment will employ adequate security measures to prevent diversion of marijuana to minors.

F. Reporting Requirements.

1. All special permit and site plan approval holders for an AUME facility shall provide the Police Department, Fire Department, Department of Inspections Services and the Planning Board with the names, phone numbers and email addresses of all management staff and key-holders, including a minimum of two (2) operators or managers of the facility identified as contact persons to whom one can provide notice if there are operating problems associated with the establishment. All such contact information shall be updated as needed to keep it current and accurate.

2. The permit holder shall file a copy of any incident report required under 935 CMR 500.110(7) with the Department of Inspections Services, Board of Health, Police Department, Fire Department, and the Planning Board within 24 hours of creation by the AUME. Such reports may be redacted as necessary to comply with any applicable state or federal laws and regulations.

3. The permit holder shall file a copy of any deficiency statement, plan of correction, summary cease and desist order, quarantine order, summary suspension order, order limiting sales, notice of a hearing, or final action issued by CCC or the Division of Administrative Law Appeals, as applicable, regarding the AUME with the Department of Inspection Services, Police Department, and Planning Board within 48 hours of receipt by the AUME.

4. Each AUME permitted under this Zoning By-law shall as a condition of its special permit file an annual report to the Planning Board and the Town Clerk and provide a copy of all current applicable state licenses and registrations for the AUME and/or its owners, any updated operating policies required under 935 CMR 500.103 by the Cannabis Control Commission, the current insurance policies for the AUME, and demonstrated compliance with the conditions of the special permit.

5. The owner or manager is required to respond by phone or email within twenty-four hours of contact by a Town official concerning their AUME at the phone number or email address provided to the Town as the contact for the business.

8.7.4 Approval/Transfer/Discontinuance of Use.

A. The special permit shall remain exclusively with the applicant (who shall also be known as “permit holder” after the granting of the special permit), who shall be the owner or lessee of the premises described in the application as the site for the proposed AUME, and shall terminate automatically on the date there is a voluntary or involuntary separation of the applicant’s title or leasehold interest in the premises or the applicant’s right to occupy the premises terminates for any reason.

B. A special permit granted under this Section is nontransferable and shall have a term limited to the duration of the applicant’s ownership or leasing of the premises as an AUME, dependent on the applicant’s continued existence as the same legal entity. Any violation of Section 8.7.4(E) shall be considered a “transfer” for purposes of this By-law.

C. The special permit shall lapse upon the expiration or termination of the applicant’s registration by CCC.

D. The permit holder shall notify the Department of Inspection Services and Police Department, and Planning Board in writing within 48 hours of the cessation of operation of the AUME or the expiration or termination of the permit holder’s registration with CCC.

E. The legal entity and structure of the applicant/permit holder shall not change.

F. An AUME shall be required to remove all material, plants, equipment, and other paraphernalia, prior to surrendering state issued licenses or permits; or within six months of ceasing operations, whichever comes first.

8.7.5 Findings. In addition to the standard findings for a special permit or site plan approval the special permit granting authority must also find all the following:

A. That the AUME facility demonstrates that it will meet all the permitting requirements of all applicable agencies within the Commonwealth of Massachusetts and will be in compliance with all applicable state laws and regulations;

B. That the applicant has satisfied all of the conditions and requirements of this section and other applicable sections of this By-law;

C. That the AUME facility is designed to minimize any adverse visual or economic impacts on abutters and other parties in interest;

D. That the AUME facility provides adequate security measures to ensure that no individual participant will pose a direct threat to the health or safety of other individuals, and that the storage and/or location of cultivation is adequately secured;

E. That the AUME facility adequately addresses issues of traffic demand, circulation flow, parking and queuing, particularly at peak periods at the facility, and its impact on neighboring uses.

8.8 Adult-Oriented Businesses.

[Amended 11-4-2019]

A. No special permit for an adult bookstore, adult cabaret, adult motion picture theater, adult paraphernalia store or adult video store may be issued to any person convicted of violating the provisions of G.L. c. 119, §63, or G.L. c. 272, §28.

B. Adult-oriented businesses shall be permitted only when located outside the area circumscribed by a circle which has a radius consisting of the following distances from the specified uses or zoning districts:

1. Seven hundred feet (700') from any residence zone;

2. Seven hundred feet (700') from any public or private school;

3. Seven hundred feet (700') from any church or other religious facility or institution;

4. Seven hundred feet (700') from any public park;

5. Seven hundred feet (700') from any day care center, nursery school, or kindergarten.

The radius distance shall be measured by following a straight line, without regard to intervening buildings or structures, from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or the land use district boundary line from which the proposed adult-oriented business is to be separated.

C. Any existing adult bookstore, adult cabaret, adult motion picture theater, adult paraphernalia store or adult video store shall apply for a special permit within 90 days following the adoption of this By-law.

8.9 Regulation of Signs.

[Amended 11-4-2019]

8.9.1 General Objectives.

A. Signs are regulated and restricted in order to place limitations on the size, location, type and illumination, and to ensure appropriateness for the district, building and use, and be protective of property values and the safety, convenience and welfare of the Town of Southbridge residents. It is also the intent of this By-law to:

1. Prevent adverse community appearances while protecting the character of the area in which they are located.

2. Protect and enhance the visual environment of the Town and to prevent or minimize damage to the environment.

3. Restrict private signs and lights which violate privacy, or which increase the probability of accidents by distracting attention or obstructing vision.

4. Encourage signing and lighting and other communications which aid orientation, express local history and character.

5. Reduce conflict among private signs and lighting from environmental information signs, such as alternating time and/or temperature signage.

6. Permit maximum legibility and effectiveness of signs and to prevent over-concentration, improper placement and excessive bulk and area, by providing a limiting control.

The rules and regulations contained herein shall govern the construction, alteration, repair, maintenance, replacement, and erection of all signs within the Town of Southbridge.

8.9.2 Permitting.

A. Permit Requirements. Applicants must submit sign permit applications with drawings to the Building Inspector prior to purchasing and affixing a sign. No permanent sign shall be erected, altered, replaced, or relocated without a permit issued by the Building Inspector. No sign shall be allowed unless it is in conformance with the current Massachusetts State Building Code except as specifically permitted.

B. A signed permit shall become null and void if the work for which the permit was issued has not been completed within a period of six (6) months from the date of the permit. The Building Inspector may at their discretion issue extensions covering a period not to exceed one (1) year from the date of issue of the original permit.

C. Sign regulations vary based on the zoning district in which the sign is located. The Town of Southbridge has eight (8) zoning districts:

1. Residence 1 Districts (R1).

2. Residence 2 Districts (R2).

3. Residence 3 Districts (R3).

4. Retail Business Districts (RB).

5. General Business Districts (GB).

6. Central Core District (CC).

7. Office Research Districts (OR).

8. Manufacturing Districts (M).

All zoning districts can be found in multiple locations throughout the Town. The zones are referred to by the abbreviations listed above.

8.9.3 Allowed Signs and Sign Regulations.

A. General Regulations. The following requirements shall apply to all signs and other advertising devices in all zoning districts:

1. No sign or other advertising device with visible moving or movable parts or with flashing, animated, or intermittent illumination shall be erected or maintained except as approved by the Zoning Enforcement Officer.

2. No illumination shall be permitted which is visible from any portion of a way so as to create a traffic hazard.

3. Signs may be illuminated by a steady stationary light of reasonable intensity shielded and directed solely at the sign, an internal light of reasonable intensity, a neon or gasfilled tube, or light emitting diodes (LED).

4. All signs lighted externally shall be shielded or directed in such a way as to prevent spillage on the building or onto streets, parking, driveway areas, or surrounding properties.

5. No freestanding sign or other advertising device, or part thereof, shall be more than twenty (20) feet above ground level.

6. No sign or other advertising device attached to a building shall project above the roof or parapet line.

7. No sign or other advertising device attached to a building shall project more than three (3) feet from a building or two-thirds the width of the sidewalk, whichever is less.

8. No sign shall be erected in any manner that will completely cover windows or doors.

9. No signs shall be erected on public property without express written permission from the Town.

10. No remote signs (i.e., on a neighboring or other property) shall be erected.

B. Residential Districts (R1, R2, R3). The following requirements shall apply to all signs and other advertising devices in all residential zoning districts:

1. One (1) sign for each family residing on the premises indicating the name of the owner or occupant or pertaining to a permitted accessory use; provided, that each sign does not exceed six (6) square feet in area.

2. One (1) sign not over sixteen (16) square feet in area pertaining to permitted buildings, structures, and uses of the premises other than dwellings and their accessory uses.

3. Each temporary sign pertaining to the sale or lease of the premises must be unlighted and not over eight (8) square feet in area, and all signs must not aggregate more than eighteen (18) square feet in area.

4. Unlighted directional signs not exceeding six (6) square feet in area pertaining to churches, schools, institutions, and other nonprofit or public uses.

C. Business Districts (GB, RB, CC). The following requirements shall apply to all signs and other advertising devices in business zones:

1. Sign area shall not exceed ten (10) percent of the side of the building upon which the sign is to be attached. Mall style shopping centers shall not exceed four hundred fifty (450) square feet aggregate.

2. One freestanding sign of not more than forty-eight (48) square feet for premises of less than three (3) acres, or sixty-four (64) square feet for premises of more than three (3) acres; such sign shall not exceed twenty (20) feet in height.

3. Only one (1) exterior sign with an area not exceeding twelve (12) square feet shall be erected on any nonconforming building or use.

4. Only one (1) sign shall be allowed on each side of a structure facing upon a public way.

5. Within the Central Core (CC). Signage is strongly suggested to follow the Urban Renewal Plan Downtown Center Design Guidelines. These design guidelines seek to preserve and enhance the rich and diverse history of Southbridge, seeking to blend in new development while preserving the downtown center’s historic character.

D. Office Research and Manufacturing Districts (OR, M). The following requirements shall apply to all signs and other advertising devices in the office research and manufacturing zones:

1. No freestanding sign shall exceed a height of twenty (20) feet.

2. Freestanding signs shall be placed no more than half the setback distance away from the building.

3. No sign shall exceed ten (10) percent of the side of the building upon which the signs are to be located.

4. If more than one (1) sign, designating more than one (1) use of a structure, is erected, the accumulated sign area shall not exceed fifteen (15) percent of the side of the building upon which the signs are to be attached or located.

E. Temporary Signs. The following signs, banners, pennants, easily removed signs attached to windows, or advertising displays are allowed on a temporary basis, may be freestanding, and do not need a permit from the Town. Temporary signs shall be removed within thirty (30) days of placement, unless specified below.

1. Construction Signs. One (1) unlighted sign of up to thirty-two (32) square feet identifying parties involved in construction is allowed on the premises where the sign is located. The sign shall be removed prior to the issuance of any occupancy permit. Construction signage is temporary and limited to the span of the project’s valid building permit.

2. Real Estate Signs. Each sign pertaining to the sale or lease of the premises must be unlighted and not over eight (8) square feet in area, and all signs must not aggregate more than eighteen (18) square feet in area in all residential districts, and each sign must be not over eighteen (18) square feet in all other districts pertaining to the sale, rental or lease of the premises on which the sign is displayed. Signs shall be removed within fourteen (14) days after sale, rental or lease.

3. Event Signs. Unlighted signs of up to thirty-two (32) square feet in business and industrial districts, and eight (8) square feet in residential districts, may be displayed on private property and are limited to one (1) per street frontage announcing a drive or event of a civic, philanthropic, educational or religious organization. Signs shall be installed no sooner than thirty (30) days prior to the event and shall be removed within seven (7) days after the event.

4. Political Signs. Due to federal First Amendment rights, political signs are exempt from regulations except that they are subject to public safety requirements. Political signs shall be installed no sooner than ninety (90) days before an election and shall be removed within seven (7) days after the close of the polls.

5. Banner Signs. Nonprofit, charitable, and community organizations shall be allowed to erect sign banners not to exceed one hundred (100) square feet in area. Banner signs shall be installed no sooner than thirty (30) days prior to the event and shall be removed within seven (7) days after the event.

6. Display Window/Door Signs. Signs on the surface of windows/doors or inside windows/doors can only be lit by the building illumination and cover no more than twenty-five (25) percent of the display window or door area.

7. Noncommercial Signs. Buildings occupied solely for the civic, philanthropic, educational, religious, or other noncommercial purposes are exempt from regulations except that they are subject to public safety requirements.

8. Seasonal Decorative Signs. Seasonal decorative signs and residential decorative signs are exempt from regulations, except that they are subject to the public safety requirements.

9. Yard/Garage Sale Signs. Not to exceed five (5) square feet displayed on private property and limited one to each premise. Not to be erected earlier than three (3) days preceding the sale and shall be removed within twenty-four (24) hours following.

F. Removing or Reconstructing Signs. No sign heretofore approved and erected shall be repaired, altered or removed, nor shall any sign, or substantial part thereof, which is blown down, destroyed or removed, be re-erected, reconstructed, rebuilt or relocated, unless it is made to comply with all applicable requirements of this By-law.

8.9.4 Enforcement. Any violation of Section 8.9 shall be enforceable by the Zoning Enforcement Officer or a designee of the Town through the means described in Section 2.2. Signs which were legally erected before adoption of this By-law shall not be voluntarily rebuilt, altered or relocated without conforming to this By-law.

8.10 Accessory Dwelling Units.

[Added 6-16-2025]

8.10.1 Massachusetts State Regulations. Accessory dwelling units shall be allowed in compliance with 760 CMR 71.00, as from time to time amended.

8.10.2 Use Schedule.

A. As per M.G.L. c. 40A, § 1A, an "accessory dwelling unit" (ADU) is defined as a self-contained housing unit, inclusive of sleeping, cooking and sanitary facilities on the same lot as a principal dwelling, subject to otherwise applicable dimensional and parking requirements, that: (i) maintains a separate entrance, either directly from the outside or through an entry hall or corridor shared with the principal dwelling sufficient to meet the requirements of the state building code for safe egress; (ii) is not larger in gross floor area than 1/2 the gross floor area of the principal dwelling or 900 square feet, whichever is smaller; and (iii) is subject to such additional restrictions as may be imposed by a municipality, including, but not limited to, additional size restrictions and restrictions or prohibitions on short-term rental, as defined in M.G.L. c. 64G, § 1.

B. ADUs are allowed as a matter of right in any zoning district where single-family residential dwellings are permitted as an allowable use, including any zoning district where single-family residential dwellings are allowed as of right or by special permit, subject to the requirements of this section.

C. Only one ADU is allowed as a matter of right on any property. Additional ADUs may only be allowed with the issuance of a special permit by the Planning Board, pursuant to Section 2.5 of this Zoning Bylaw.

D. ADUs may not be used as short-term rentals, as such term is defined in M.G.L. c. 64G, § 1, or otherwise rented for a period shorter than 31 days, unless approved by special permit.

8.10.3 Dimensional Requirements.

A. An ADU may be no larger in gross floor area than 1/2 of the gross floor area of the principal dwelling unit on the property or 900 square feet, whichever is less.

B. ADUs shall comply with any and all lot area, frontage, setback, height, and lot coverage requirements, as may be applicable to single-family homes or accessory structures, as contained in Table 2 in Section 5.1 of this Zoning Bylaw. The requirements for a given ADU shall comply with whichever are more generous in a given district, single-family homes or accessory structures standards.

8.10.4 Parking. One off-street parking space must be provided for all ADUs not located within half a mile of a transit station. Parking may be in a driveway or a garage.

8.10.5 Site Plan Approval.

A. ADU applicants are required to provide a site plan to the Building Department. Pursuant to the procedures in Section 2.6 of this Zoning Bylaw, the Building Department may recommend an application to the Planning Board for site plan review. Planning Board site plan review criteria shall be limited to the following:

1. Recommendations that the ADU minimize tree, vegetation, soil removal, and grade changes.

2. Recommendations that the architectural style be compatible with the existing principal dwelling on the subject property.

3. The ADU shall be serviced with adequate water supply and sewer or septic service.

4. The plan shall demonstrate adequate parking, as required hereunder.

B. The Planning Board may request reasonable plan modifications of the site plan for an ADU and may impose reasonable conditions that are not inconsistent with this bylaw or the provisions of M.G.L. c. 40A, § 3.

8.10.6 Relationship to Non-Conformities. If an ADU is proposed for a pre-existing, non-conforming primary residence, the requirements of Section 6 of this Zoning Bylaw shall apply provided that no special permit may impose conditions on an ADU in this case.