[Added 3-6-1973 ATM, Art. 55]
No unregistered motor vehicle which is unfit
for use, permanently disabled or has been dismantled shall be stored,
parked or placed upon any land in the Town of Webster for more than
30 days unless such vehicle is kept within a building or in otherwise
screened or located so that it cannot be seen from a public highway
or abutting property. Said bylaw shall not apply to premises operated
under Class III Junk license.
[Amended 5-2-1978 ATM, Art. 67]
Any lot or lots meeting its requirements as stated in MGL c. 40A, § 6, shall be exempt from the provisions of this bylaw and to the extent permitted by said Article IV of this bylaw and to the extent permitted by said MGL c. 40A, § 6, as amended.
[Amended 5-2-1978 ATM, Art. 67; 5-10-1999 ATM, Art. 7; 5-10-2021 ATM by Art. 14]
If any pre-existing nonconforming structure or use is discontinued
or abandoned for a period of more than two years, the protection for
pre-existing nonconforming uses and structures shall cease and it
shall conform to the district in which it is located. A pre-existing
nonconforming use may be changed to another nonconforming use with
the benefit of a special permit from the Zoning Board of Appeals,
provided that such other nonconforming use is not substantially different
in its purpose and manner of application and no more harmful or objectionable.
No pre-existing nonconforming use, if once changed to a use permitted
in the district in which it is located, shall be changed back to a
nonconforming structure or use. Subject to protections for single-
and two-family homes, pre-existing nonconforming uses or structures
may only be changed, extended or altered upon approval of a special
permit by the Zoning Board of Appeals.
A.
Allowance for second means of egress. Side and rear
yard setbacks shall not apply to stairways and entrances necessary
for a second means of egress required by the State Building Code.
For existing structures not in conformity with these setback requirements,
such new stairways and entrances are permitted upon issuance of a
building permit provided the Building Inspector determines such components
are the minimum needed to satisfy the Code.
[Added 5-10-2004 ATM, Art. 18]
[Amended 5-2-1978 ATM, Art. 67]
Nothing in these bylaws shall prevent the reconstruction
and resumption of use of any nonconforming building which may hereafter
be accidentally or criminally damaged, provided that the reconstruction
be effected within two years from the occurrence of said damage. Said
reconstruction shall be to an extent no greater than what was in existence.
Nothing in these bylaws shall prevent the strengthening
or restoring to a safe condition of any part of any building or structure
declared unsafe by the Building Inspector or other officer designated
by the Board of Selectmen, provided that in the case of nonconforming
buildings, such restoration shall not exceed 75% of the assessed value
of the building or structure at the time of such declaration.
Not lot shall be changed in size or shape so
that the height, area, yard or coverage provisions herein prescribed
are no longer satisfied. This paragraph shall not apply where a portion
of a lot is acquired for a public purpose.
[Amended 5-10-1999 ATM, Art. 5; 5-12-2008 ATM, Art. 13; 10-18-2021 FATM by Art.
8]
No building to be occupied in any part of a residential zone shall be constructed on any lot or part of a lot, unless such lot or part has frontage of not less than 50 feet on a public street or an open and unoccupied private way shown on an approved subdivision plan leading to a public way. A minimum lot width of 50 feet must be maintained from the front lot line to the building line. For reconstruction of an existing damaged nonconforming building, please refer to § 650-33, Damaged buildings.
[Added 6-26-1989 ATM, Art. 22]
A.
No building, structure, or premises in excess of three
stories above ground level shall be erected or constructed in District
1 (Single-Family Residential), District 2 (Agricultural Single-Family),
District 3 (Multiple-Family Residential), District 7 (Lake Residential),
District 8 (Floodplain), and District 9 (Conservation District), and
no building, structure or premises in excess of four stories above
ground level shall be erected or constructed in District 4 (General
Business), District 5 (General Business), and District 6 (Industrial);
where different ground levels are involved the higher level shall
be deemed the ground level referred to in this article, and the height
restriction shall be measured from the highest level.
[Amended 5-11-2009 ATM, Art. 23; 5-10-2021 ATM by Art. 15]
B.
In all Districts, domes, steeples, radio towers, chimneys,
broadcasting and television towers and antennas, bulkhead, flag poles,
and other appendages customarily carried above the roof, may have
any height.
A.
Side yards and rear yards. For that portion of a lot
which adjoins the boundary line of a more restricted district than
that in which the lot is located, side yard and rear yard requirements
shall be the same as those which apply to lots in the more restricted
district.
B.
Set-back. For that portion of a lot which fronts on
the same street within 100 feet of the boundary line of a more restricted
district than that in which the lot is located, setback requirements
shall be the average between the requirement for the less restricted
district and that which applies to lots in the more restricted district.
No public garage, auto-mobile repair shop, greasing
station, storage battery service station nor gasoline filling station,
nor any of their appurtenances or accessory uses, shall hereinafter
be erected or placed within 50 feet of any residence district, unless
the space so used is entirely enclosed, on the sides facing the street
and residence zone, within masonry or concrete walls and a roof without
openings of any kind except windows, doors, or skylights having metal
frames and fixed metal sash, glazed with wire glass. No driveway or
door to such premises shall be in any part within 25 feet of any residence
district. No automobile service building shall have at the street
line any entrance or exit for motor vehicles within a radius of 200
feet of any entrance or exit at the street line of any public or private
school, public library, church, playground or institution for the
sick, dependent, or for children under 16 years of age.
No use or occupancy of buildings, structures
or premises shall be hereafter permitted which is liable, when conducted
under proper conditions and safeguards, to be currently and frequently
noxious or offensive by reason of the emission of dust, odor, fumes,
smoke, gas, wastes, refuse matter, noise or excessive vibrations so
as to be detrimental to public health, safety, comfort or general
welfare.
A.
Buildings. On a corner lot there shall be erected
no building or structure so as to obstruct traffic visibility within
the space bounded as follows: In a residence district, the two intersecting
street lines and a circular curve about the point of intersection
of the two street lines and having a radius equal to 1 2/3 times
the set back required in that district; and in a business or industry
district, the two intersecting street lines 15 feet from their point
of intersection, provided that where the interior angle between the
intersecting street lines is greater than 105°, or where the street
lines intersect in a curve having a radius greater than twice the
setback required in that district, the foregoing regulations shall
be waived, and the setback line established parallel to or concentric
with the street lines.
B.
Vegetation. Between the street lines of intersecting
streets, and a circular curve about the point of intersection of the
two street lines and having a radius equal to twice the setback required
in that district, no vegetation other than shade trees may be maintained
in any residence district above a height three feet above the plane
through the established grades at the street lines; nor in any other
district, within the corner space as described in the foregoing paragraph.
[Amended 10-21-2013 FATM, Art. 14]
For the purpose of this section, the following terms shall have
the following meaning:
A.
Signs and Advertising Devices — Any symbol, design,
or device used to identify or advertise any place of business, product,
activity or person.
B.
Erecting — Any constructing, extending, altering,
or changing of a sign other than repainting, repairing, and maintaining.
C.
Display Area — The total surface area of the sign.
The display area of an individual letter sign or irregular shaped
sign shall be the area of the smallest geometric shape into which
the letters or shape will fit. Where sign faces are placed back to
back and face in opposite directions, the display area shall be defined
as the area of one face of the sign.
D.
Banners — A strip of cloth or other man-made fabric
on which a sign is painted, silk-screened, or printed. The display
area shall be defined as the area of one face of the banner. The banner
shall not exceed forty (40) square feet.
E.
Electronic Message Sign or Center — A sign capable
of displaying words, symbols, figures or images that can be electronically
or mechanically changed by remote or automatic means.
The following regulations shall apply in all districts:
A.
No exterior sign or advertising device shall be erected except as
provided by this by-law.
B.
No sign or banner which requires a sign permit under this by-law
shall be erected except in the exact location and manner described
in the permit.
C.
No sign or banner shall be erected that in any way creates a traffic
hazard or obscures or confuses traffic control.
D.
The illumination from any sign shall be shaded, shielded, directed,
and maintained at a sufficiently low intensity and brightness that
it shall not affect the safe vision of operators of vehicles moving
within the premises or on any adjacent public or private way.
E.
Any window signs, stickers, banners, or other easily attached advertising
devices or signage which advertises or identifies products, businesses,
services, or activities which are no longer sold, located, or carried
on at the premises shall be removed within thirty (30) days after
notice by the Building Inspector. After one month of the above mentioned
operational changes, any self standing signage, roof signage, or other
permanently attached sign will be changed to a plain white front,
or other acceptable alternative as required by the Building Inspector.
After one year of the above mentioned operational changes, any self
standing signage, roof signage, or other permanently attached sign
that is not operational and/or in a state of disrepair, shall be subject
to removal as required by the Building Inspector.
F.
Banner use shall be for a period of time not to exceed thirty (30)
days; such period requiring a new permit. No property shall qualify
for more than six banner permits per year.
A.
No sign which requires a sign permit shall hereafter be constructed
except in conformity with a sign permit from the Building Inspector.
C.
Application — All applications for signs requiring
a sign permit shall be obtained from the Building Inspector and shall
include at least:
1.
The location by street number of the proposed sign;
2.
The name and address of the sign owner and the owner of the premises
where the sign is to be located, if other than the sign owner;
3.
A scale drawing showing the proposed construction, method of installation
or support, colors, dimensions, location of the sign on the site,
and method of illumination;
4.
Such other pertinent information as the Building Inspector may require
to ensure compliance with the by-law and any other applicable law;
and
5.
The application must be signed by the owner of the sign and the owner
of the premises where the sign is to be located.
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The Building Inspector shall have the authority to reject any
sign permit application which is not complete when submitted.
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D.
Time Limitation — The Building Inspector shall approve or disapprove
any application for a sign permit within sixty (60) days of receipt
of the application. If the Building Inspector should fail to approve
or disapprove an application for a sign permit within such sixty (60)
day period, the application shall be deemed approved provided that
such sign shall conform to all provisions of the bylaw.
E.
Fees — The Board of Selectmen shall establish and from time
to time review a sign permit fee which shall be published as part
of the sign permit application.
A.
All billboards.
B.
Signs on utility poles, trees, or fences and all signs not located
on the same premises as the advertised activity, business, product,
or person.
C.
All signs consisting of pennants, ribbons, streamers, spinners, revolving
beacons, searchlights, or animated signs, by Special Permit only.
D.
No sign shall rotate, or make noise. No sign shall move or give the
illusion of moving except for indicators of time and temperature or
barber poles.
E.
No roof signs shall be erected except those roof signs placed at
least one (1) foot below the top of the lower slope of a mansard roof.
F.
Mobile Signs — Signs that are placed on a chassis
or that are designed to be taken from site to site are not allowed.
G.
Portable Signs — Signs on sidewalks that swing freely,
except for A-Frame signs that do not exceed 6 square feet (each side)
and do not impede vehicular or pedestrian safety. Portable signs are
limited to one sign per business and shall be removed at the close
of business each day.
H.
Sign Structures, and operations of such signs shall be grandfathered
if such signage has been properly permitted and has maintained its
permitted status.
A.
Resident Identification Sign — For single and two
family residential uses in any district, one identification sign upon
a lot identifying the occupants of the dwelling or one sign identifying
an authorized home occupation shall not require a Sign Permit. In
the residential districts, one sign identifying an authorized home
occupation shall not require a Sign Permit. In the residential districts,
one sign identifying any other use which is conducted on the premises
and is permitted in the residential districts. All such signs shall
not exceed six square feet of display area and if lighted, shall use
indirect white light only. All such signs shall be placed on the street
side only.
B.
Government Signs — Signs erected and maintained by
the Town of Webster, the Commonwealth of Massachusetts, or the Federal
Government on any land, building, or structure used by such agencies
and any other signs at any location required by such agencies for
public health, safety purposes or other public purposes.
C.
Temporary Construction Signs — One temporary construction
sign for a new project identifying the building, the owner or intended
occupant, and the contractor, architect, and engineers, which shall
not be illuminated nor in excess of thirty-two (32) square feet of
display area. Such signs shall not be erected prior to the issuance
of a Building Permit and shall be removed within seven (7) days of
completion of the construction or issuance of the Occupancy Permit,
whichever comes first.
D.
Fuel Pump Signs — Fuel pump signs on service station
fuel pumps identifying the name or type of fuel and price thereof.
E.
Window Signs — Window signs in the Business or Industrial
Districts shall not require a Sign Permit provided that their aggregate
display surface covers no more that seventy-five percent (75%) of
the window or door on which they are placed. Window signs promoting
a public service or charitable event shall not be calculated in the
allowable seventy-five percent (75%).
F.
Political Signs — Political signs are allowed on
private property for a period beginning sixty (60) days before an
election. All signs must be removed within seven (7) days following
an election. Signs shall be no more than twenty-four (24) square feet
in area.
G.
Real Estate Signs — Real estate signs are allowed
for a period of up to thirty (30) days beyond the closing of sale.
H.
Service and Charitable Organizations — Signs announcing
fundraising and community service events shall be allowed for a period
beginning sixty (60) days before an event. Signs shall be removed
within seven (7) days following such event.
Any principal use permitted in the Business and Industrial Districts
may erect a sign subject to the following:
A.
Exterior Sign — Except as may otherwise be provided,
one (1) exterior sign shall be permitted for each business, not including
directional or informational signs. The exterior sign may be a wall
sign, individual letter sign, or projecting sign.
1.
Wall Sign or Individual Letter Sign — A wall sign
or individual letter sign shall not exceed four (4) feet overall in
height. A wall sign or individual letter sign on the front facade
on the first floor of a building shall not exceed in area one (1)
square foot for each lineal foot of the wall, up to a maximum of forty
(40) square feet. The length of signs of businesses occupying other
than the first floor of a building shall not exceed six (6) square
feet. No portion of a wall sign or individual letter sign shall project
more than one (1) foot from the face of a wall or above the wall of
any building. A business may divide the entire display area permitted
on one front facade into separate wall signs or individual letter
signs provided that the maximum height of each separate sign does
not exceed the maximum height permitted herein, and that the sum of
the aggregate width and area of each separate sign does not exceed
the maximum permitted herein, and that all signage is located on the
front facade of the building. Other signage on exterior walls would
be considered secondary signage. Any sign larger than forty (40) square
feet shall require a special permit from the Planning Board, acting
in their capacity as the Special Permit Granting Authority.
2.
Projecting Sign — One projecting sign may be erected
provided that the display area shall not exceed twenty-four (24) square
feet and the thickness between sign faces shall not exceed more than
one and one-half (1 1/2) feet. No portion of a projecting sign
shall project more than six (6) feet from the face of a wall or above
the wall of any building. A sign which projects over a sidewalk may
not contain more than six (6) square feet of display surface. A business
in the Industrial District may erect one projecting sign at each exterior
doorway provided that the display area of the sign shall not exceed
six (6) square feet and the sign conforms to all other provisions
herein.
B.
Secondary Signs — If a business has a direct entrance
into the business in a wall other than the front wall, there may be
a secondary sign affixed to such wall, and if the business has a wall,
other than the front wall, that faces upon a street or parking area,
there may be a secondary sign affixed to such wall whether or not
such wall contains an entrance to the business; provided, however,
that no business shall have more than two secondary signs in any event.
The total display surface of any secondary signage shall not exceed
twenty four (24) square feet. Multiple signage is allowed provided
that the total display area does not exceed twenty four (24) square
feet.
C.
Directory Signs — One exterior directory sign listing
the name and location of the occupants of the premises may be erected
on the exterior wall or pole of a building at each entrance or other
appropriate location provided the display area shall not exceed four
(4) square feet for each occupant identified on the directory sign.
D.
Directional signs — Directional signs may be erected
near a street, driveway, or parking area if necessary for the safety
and direction of vehicular or pedestrian traffic. The display area
of each directional sign shall not exceed two (2) square feet and
no directional sign shall be located more than six (6) feet above
the ground level if mounted on a wall of a building, more than three
and one-half (3 1/2) feet above the ground if freestanding. Directional
signs shall not advertise, identify, or promote any product, person,
premises, or activity, but may identify the street name/number and
provide traffic directions.
E.
Freestanding Business Sign — One freestanding business
sign which identifies only the name of a business center or a business
may be erected on a lot provided that no other signs permitted under
this by-law other than directory or directional sign(s) shall be on
the same lot. The display area of a freestanding business sign shall
not exceed twenty-four (24) square feet and the height shall not exceed
twelve (12) feet.
F.
No sign shall be erected with any part closer than ten (10) feet
from the traveled roadway or side or rear lot lines.
Elements to be reviewed and regulated in allowing a Special
Permit shall include, but not be limited to the following:
A.
Such signs shall display static images only.
B.
Such signs may change their static images no more than once every
thirty (30) seconds as a freestanding or monument sign or once every
thirty (30) seconds as a wall sign. In addressing this issue, the
Planning Board may review sight distances and speed limits on surrounding
roads.
C.
Transitions from one static image to the next shall appear instantaneously
without the appearance of flashing, animation or movement of any kind.
D.
The background of any Electronic Message Center shall remain a consistent
color and intensity during each message.
E.
Such signs shall come equipped with automatic dimming technology
that automatically adjusts the sign's brightness based on ambient
light conditions.
F.
No Electronic Message Center sign shall exceed a brightness level
of 0.3 footcandles above ambient light as measured using a footcandle
meter at a distance of twenty (20) feet from the display.
G.
There shall be only one (1) Electronic Message Center allowed per
property.
The area surrounding the base of all freestanding and monument
signs shall be attractively landscaped. This landscaping may include
low shrubbery, flowers or other such plantings that will not exceed
one and one half (1 1/2) feet in height. These plantings will
serve to obscure the supporting structure of the sign while adding
to the overall appearance of the property.
All signs shall be included as an element of all Site Plan Approval
applications. The application shall include the location, size and
height of all signs existing and proposed on the property. Applicants
may be required to document signs on adjacent property if the Planning
Board determines the circumstances warrant such to reach an informed
decision.
A.
In any Residential District having accessory uses permitted in a
Residential District, such as mentioned under the definition of Home
Occupation or Professional Offices, one (1) sign, per occupation,
not over six (6) square feet in area shall be permitted. If lighted,
only indirect white light must be used. All such signs shall be placed
on the street side only.
B.
In Residential Districts, real estate signs not over six (6) square
feet in area advertising the sale or rental of the premises on which
they are located are permitted. Real estate signs are allowed for
a period up to thirty (30) days beyond the closing of sale.
C.
Political signs are allowed in Residential Districts for a period
beginning sixty (60) days before an election. All signs must be removed
within seven (7) days following an election.
D.
Resident Identification Sign — For single and two family residential
uses in any district, one identification sign upon a lot identifying
the occupants of the dwelling shall not require a Sign Permit. All
such signs shall not exceed six square feet of display area and if
lighted, shall use indirect white light only.
E.
Contractor Signs: One (1) sign no closer than ten (10) feet from
any street or property line may be permitted. Such sign shall be removed
no later than fourteen (14) days after the issuance of an occupancy
permit. In the event of multiple units or subdivision construction,
the removal must follow within fourteen (14) days of the issuance
after the last occupancy permit.
A.
Under extreme and unusual conditions, exceptions may be granted only
to the size and setback requirements which are established in the
Webster Zoning By-law. These exceptions shall be allowed through Special
Permit process with the Planning Board acting as the Special Permit
Granting Authority (SPGA). In granting a Special Permit, the SPGA
must determine that:
1.
The sign in question is appropriately located and reasonably adapted
to the proper use.
2.
The sign will not be a nuisance or a hazard to vehicles and pedestrians.
3.
The granting of such a Special Permit does not derogate substantially
from the intent of the By-law.
4.
Billboards shall not qualify for a Special Permit under any circumstances.
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The proposed sign must meet the above criteria. However the
Special Permit Granting Authority is not limited to these criteria
in exercising its authority to find a sign inappropriate or unnecessary
for a given site. Exceptions are not allowed to be permanent signs,
there shall be time limits associated with signs that qualify for
an exception. The Planning Board shall establish reasonable fees for
application and review under this provision.
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Any appeal hereunder to the Building Inspector regarding signage
shall be taken within thirty (30) days from the date of the order
or decision which is being appealed, by filing a notice of appeal,
specifying the grounds thereof with the Town Clerk who shall forthwith
transmit copies thereof to such officers or board whose decision is
being appealed and to the Planning Board. Such officer or board shall
forthwith transmit to the Planning Board all documents and papers
constituting the record of the case in which the appeal is taken.
[Amended 10-21-2013 FATM, Art. 13]
1.0
Off Street Parking and Loading Regulations. All off-street parking
and loading space shall be provided and maintained for each structure
and use hereafter established, erected, altered or extended in accordance
with the provisions of this Chapter.
1.1
Use. All required off-street parking spaces as required by Section
2.0 shall be used solely for the parking of motor vehicles by residents,
visitors, patrons or employees. There shall be no commercial sale,
repair or storage of vehicles within off-street parking areas.
1.2
Setback Requirements. A driveway may be included in the front and
side yard setbacks, but parking shall not be allowed in the front
yard setback (except for single and two-family dwellings).
1.3
Location. All required parking spaces shall be located on the same
or abutting lot as the use they serve. When practical difficulties
prevent such location or the public safety or convenience would be
better served, they may be located within three hundred (300) feet
from the premises they are intended to serve if the following conditions
are met:
1.3.1
That the property is in the same possession, either by deed,
easement or long-term lease assuring the use of the required parking
spaces.
1.3.2
Means of pedestrian access is available so that pedestrians
are not required to traverse property owned by another except where
public sidewalks may provide the access.
1.3.3
Such separated parking space does not cause unreasonable traffic
congestion, detriment to any residential neighborhood or hazard to
pedestrian or vehicular traffic.
1.4
Change in Requirements. Whenever there is a change of use or enlargement
of a structure which increases the parking and loading requirements
for the use or structure, there shall be provided parking and loading
spaces required for the entire structure or use, unless the increase
in units of measurement specified in Section 2.0 amounts to less than
twenty-five (25) percent, whether such increases occur at one time
or in successive stages.
2.0
Required Off-Street Parking Spaces. All uses and structures shall
provide off-street parking spaces in an amount equal to or greater
than the number listed below. The total number of parking spaces necessary
for two or more uses on the same lot shall be the sum of that required
for each use. When computation is based on the number of employees,
the number employed during the largest work shift shall be used.
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Use
|
Number of Required Spaces
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|---|---|---|---|---|
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Residential Uses
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a.
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Structure with less than four dwelling units.
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2 per dwelling unit
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b.
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Structures with four or more dwelling units.
|
1.5 per dwelling unit
| ||
|
c.
|
Public elderly housing
|
1.25 per unit with 0 or 1 bedrooms; 1.50 per unit with 2 or
more bedrooms
| ||
|
Commercial Uses
| ||||
|
a.
|
All retail and service establishments except those specified
below
|
1 per 250 square feet of retail and service floor area plus
1 per employee
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|
b.
|
Eating and drinking establishments except for fast food and
drive-in restaurants
|
1 per 4 patrons based on maximum design capacity or 1 per 150
square feet gross floor area whichever is greater
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|
c.
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Fast food and drive-in restaurants
|
1 per 40 square feet gross floor area
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|
d.
|
Hotels, motels, country inns, rooming and lodging houses and
group dwellings
|
1 per room plus 1 per 4 patrons for restaurants, lounges and
meeting rooms based on maximum design capacity
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|
e.
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Medical, veterinary and dental offices
|
8 per doctor or dentist
| ||
|
f.
|
Shopping center or mall
|
1 per 250 square feet gross leasable area
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|
g.
|
Convenience grocery store
|
1 per 100 square feet gross floor area
| ||
|
h.
|
Drive-up service such as a bank or car wash
|
1 per employee plus 5 off-street waiting spaces leading to and
1 beyond each service stall
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|
i.
|
Commercial and trade schools
|
1 per 400 square feet gross floor area
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|
j.
|
Auto service station
|
1 per employee plus 4 per service stall
| ||
|
k.
|
Furniture stores, contractor's equipment, farm equipment and
feed sales, mobile homes and motor vehicle sales
|
1 per 400 square feet gross floor area plus 1 per 3000 square
feet outside sales area
| ||
|
l.
|
Amusement enterprises, including bowling alleys, billiard tables,
pinball machines, video games, tennis and racquetball courts
|
4 per alley, table or court, 1 per machine or game plus 1 per
employee
| ||
|
m.
|
Other recreational uses
|
1 per 4 patrons based on maximum capacity of facility
| ||
|
n.
|
Funeral parlor
|
1 per 4 patron seats plus 1 per each funeral vehicle plus 1
per employee
| ||
|
Industrial
| ||||
|
a.
|
All industrial uses except those specified below
|
1 per 1.5 employee plus 1 per each company vehicle plus 1 per
each 25 required spaces for visitors
| ||
|
b.
|
Auto wrecking, junk and scrap establishments
|
1 per employee plus 1 per 10,000 square feet of storage area
| ||
|
c.
|
Freight and trucking terminals, wholesale distribution and warehouses,
moving and storage, parcel delivery
|
1 per employee plus 1 per each company vehicle
| ||
|
Public and Quasi-Public Uses
| ||||
|
a.
|
Places of public assembly, including churches, auditoriums,
meeting rooms and theaters
|
1 per 4 seats with fixed seats otherwise 1 per 4 patrons based
on maximum capacity
| ||
|
b.
|
Hospitals
|
2 per bed
| ||
|
c.
|
Convalescent, nursing and rest homes
|
2 per 5 beds
| ||
|
d.
|
Library, museum, gallery or historic site
|
1 per 800 square feet gross floor area plus 1 per employee
| ||
|
e.
|
Schools
Elementary- Junior High
High School Higher Education
|
1 per employee plus
1 per class room
1 per 10 students 1 per 4 students
| ||
|
f.
|
Clubs and Lodges
|
1 per 3 persons based on maximum capacity
| ||
|
g.
|
Day or Nursery School
|
1 per teacher/employee plus 1 per 6 students
| ||
3.0
Design. Parking areas shall be arranged to provide an adequate, safe
and convenient arrangement of roadways, driveways, off-street parking
and loading spaces and pedestrian facilities. Parking areas containing
more than five (5) parking spaces shall meet the dimensional standards
specified in Sections 3.1 and 3.2. Parking plans shall be submitted
sufficient for the Building Inspector to determine if the proposed
layout properly complies with these standards.
3.1
Dimensions. All parking spaces shall meet the minimum geometric standards
prescribed in Tables A and B. No portion of any parking space shall
intrude into the required aisle width. Parking lots shall be designed
to permit each motor vehicle to proceed to and from all unoccupied
parking spaces without requiring the moving of any other parked motor
vehicle. Spaces shall be designed to prevent motor vehicles from backing
onto a public street in order to leave the lot.
3.2
Compact Car Parking. Reduced dimensions for compact cars may be provided
if the stalls comply with the dimensions prescribed in Table B. Such
spaces shall be well marked and easily distinguished from standard
spaces. The maximum number of such stalls shall not exceed thirty
(30) percent of the total number of stalls for general public use
or fifty (50) percent for employees and commuter facilities.
4.0
Construction. All access driveways and off-street parking and loading
areas shall be paved with asphalt, concrete or other similar hard
surface material with all parking spaces designated with a four (4)
inch white or yellow stripe painted the entire length of each space.
The surface shall be graded and drained in such a manner that there
will be no free flow of water onto either adjacent properties or sidewalks.
5.0
Landscaping. All parking areas shall be properly screened and landscaped
to protect adjacent property from undesirable effects of parking lots
and to preserve the appearance and character of the surrounding neighborhoods.
5.1
The entire front setback area, except for driveways, shall be landscaped
and there shall be a landscaped strip at least five (5) feet in width
from other property lines.
5.2
Excluding the area required by Section 5.1 above, the landscaped
area within the parking lot shall not be less than three (3) percent
of the surface area of the parking lot, except for parking lots with
two bays or less of single rows, no interior landscaping shall be
required.
5.3
A minimum of one (1) tree shall be provided within the landscaped
areas for each ten (10) parking spaces. Existing trees and natural
vegetation shall be retained wherever practicable.
|
Table A
| |||||
|---|---|---|---|---|---|
|
Minimum Off-Street Parking Area Dimensions
| |||||
|
Parking Angle Per Car
|
Stall Width
|
Stall Length
|
Stall to Curb
|
Aisle Width**
|
Curb Length
|
|
A
|
B
|
C
|
D
|
E
|
E
|
|
0
|
8.0
|
20.0
|
8.0
|
12.0
|
23
|
|
30
|
9.0
|
19.0
|
17.3
|
11.0
|
18
|
|
45
|
9.0
|
19.0
|
19.8
|
13.0
|
12.7
|
|
60
|
9.0
|
19.0
|
21.0
|
18.0
|
10.4
|
|
90
|
9.0
|
19.0
|
19.0
|
24.0*
|
9.0
|
|
*
|
Two-way circulation.
|
|
**
|
Minimum width of traffic aisles for two-way traffic shall be
twenty-four (24) feet.
|
 |
|
Table B
| |||||
|---|---|---|---|---|---|
|
Minimum Off-Street Parking Area Dimensions
Compact Cars
| |||||
|
Parking Angle Per Car
|
Stall Width
|
Stall Length
|
Stall to Curb
|
Aisle Width**
|
Curb Length
|
|
A
|
B
|
C
|
D
|
E
|
E
|
|
0
|
8.0
|
16.0
|
8.0
|
12.0
|
20
|
|
30
|
8.0
|
16.0
|
14.9
|
10.0
|
16
|
|
45
|
8.0
|
16.0
|
17.0
|
11.0
|
11.3
|
|
60
|
8.0
|
16.0
|
17.9
|
14.2
|
9.2
|
|
90
|
8.0
|
16.0
|
16.0
|
22.0
|
8.0
|
|
*
|
Two-way circulation.
|
|
**
|
Minimum width of traffic aisles for two-way traffic shall be
twenty (20) feet.
|
5.4
Any landscaped area shall be bordered by a permanent curb six (6)
inches high to restrict the destruction of landscaped areas by vehicles,
or as otherwise approved by the Planning Board.
5.5
Raised islands shall be installed at the ends of all parking bays
abutting an aisle or driveway and landscaped with grass, trees or
shrubs and may be combined with crushed stone.
5.6
Where a parking area is located adjacent to a residential dwelling,
there shall be provided along the lot line a continuous solid fence,
masonry wall or evergreen plantings to a height adequate to prevent
direct light from automobile headlights being cast on the dwelling.
5.7
Adequate lighting shall be provided if the uses which are served
by the parking lot will be in operation at night. The lighting shall
be directed so as not to produce objectionable glare on adjacent property
or streets.
6.0
Loading Regulations. For all non-residential uses involving the distribution
of vehicles, materials or merchandise, there shall be provided and
maintained on the lot adequate space for standing, turning, loading
and unloading services in order to avoid interference with public
use of streets and alleys.
6.1
All loading and delivery facilities shall be located either at the
side or rear of buildings they are designed to serve, but not closer
than ten (10) feet from a public right of way and five (5) feet from
any other lot line.
6.2
Each required space shall be at least twelve (12) feet in width,
fifty (50) feet in length and have a vertical clearance of at least
fourteen (14) feet.
6.3
Required Loading Spaces.
|
At which first berth is required
|
At which second berth is required
| |||
|---|---|---|---|---|
|
Industrial
|
5,000
|
40,000
| ||
|
Commercial
| ||||
|
Wholesale, Service
|
10,000
|
40,000
| ||
|
Retail
|
10,000
|
20,000
| ||
|
Commercial
| ||||
|
Recreation
|
10,000
|
100,000
| ||
|
Restaurant
|
10,000
|
25,000
| ||
|
Office Building, Hotel, Funeral Home
|
10,000
|
100,000
| ||
|
Institutional
|
10,000
|
100,000
| ||
|
Public Buildings
|
10,000
|
100,000
| ||
[Amended 3-22-1971 ATM, Art. 27]
No trailer or mobile home used as a permanent
habitation, office, camp or like purpose, whether on wheels, jacks
or foundation and unregistered for travel, shall be allowed.
[Added 5-5-1981 ATM, Art. 19]
A.
Every above ground swimming pool shall be equipped
with a ladder which shall either be removed or raised to an upright
position at all times when the pool is not in use.
B.
Every outdoor in-ground swimming pool shall be completely
surrounded at all times, by a suitable fence or wall not less than
four feet in height. A building may be used as part of such enclosure.
C.
All gates or door openings through each enclosure
shall be of not less than the same height as the fence or wall and
shall be equipped with a self-closing and self-latching device located
not less than three feet above the bottom of the fence or wall for
keeping the gate or door securely closed at all times when not in
actual use. The door of any dwelling which forms a part of the enclosure
need not be so equipped. Each such gate shall be kept locked at all
times when the swimming pool is not in use.[1]
[1]
Editor's Note: Original Subsection 7Q, adopted
5-8-2000 ATM, Art. 5, which imposed a six-month moratorium on wireless
telecommunications facilities and which followed this section, has
been omitted due to its expiration.
[Added 5-5-1981 ATM, Art. 21]
Windmills and wind-powered generators shall
be considered an accessory to the use of a dwelling, provided that:
A.
Towers shall be no more than 60 feet high except in
wooded areas where they shall not be more than 80 feet high.
B.
Windmills and wind-powered generators must be set back from all lot
lines at least the distance equal to the height of the tower from
its base on the ground to the highest extension of any part of the
windmill or wind-powered generator.
[Amended 10-21-2013 FATM, Art. 15]
C.
Rotors diameter shall not exceed 35 feet.
D.
Rotors larger than 35 feet may be allowed only if
proof can be provided that the installation will not cause excessive
noise interference with neighboring television and radio reception
or otherwise be a public nuisance or hazard.
[Added 10-15-2007 FATM, Art. 18]
Common driveways may be permitted upon the granting of a special permit by the Planning Board to service no more than two lots for single-family dwellings provided that the two lots meet all required zoning provisions including § 650-36, Frontage. The purpose of allowing common driveways is to reduce traffic hazards from numerous individual driveways, to consolidate access to the buildable areas of lots across wetland resource areas, and to minimize the removal of trees and other vegetation, thereby preserving rural character. The applicant shall submit documents, plans, and profiles for approval to the Planning Board to assure compliance with the following standards for common driveways:
A.
The maximum grade shall be 10%. The minimum grade
shall be 1%, with a 5% maximum grade within 50 feet of the driveway's
intersection with a street. The minimum centerline radius shall be
60 feet. The maximum length shall be 1,000 feet.
B.
The minimum width for the durable surface shall be
12 feet and maximum width shall be 16 feet with a three-foot wide
gravel shoulder on at least one side. Driveways shall be surfaced
with a durable, all-season non-dusting material, drained and suitably
maintained to the extent necessary to avoid any nuisance by reason
of dust, erosion, or water flow onto streets or adjoining property.
C.
The common driveway shall exit onto the frontage street
with a minimum angle of intersection of 75°, and shall be located
entirely within the boundaries of the lots being served.
D.
An easement with a minimum width of 24 feet shall
be created and recorded along with the deeds for the lots to assure
maintenance, drainage, snow removal, rubbish collection, and the like,
and liability for the common driveway shall remain the responsibility
of the private parties, or their successors-in-interest, in perpetuity.
A copy of the draft maintenance agreement shall be submitted with
the application.
