[Added 10-24-2001]
In accordance with Town plans, the BE-L District
is intended to achieve one or more of the following objectives: promote
the preservation of existing natural features and habitats; protect
sensitive environmental features; aid in preserving the open character
of an area; provide for office and business service uses that are
scaled and designed for compatibility with surrounding residential
areas; provide a transition zone between major highways or higher
intensity commercial, office or industrial zones and lower intensity
residential zones, parkland or other low-intensity uses; and/or limit
impacts on traffic and the environment that can accompany higher intensity
uses.
In a Low Density Office BE-L District, no building
or premises shall be used and no part of a building shall be erected,
in whole or in part, for any use except the following.
A.
Permitted uses shall be as set forth below and subject to the requirements specified below and elsewhere in these regulations, including the administrative review mechanism, and site plan approval in accordance with Chapter 217, Article III, of these regulations:
(1)
Office buildings for business and professional use, such as attorneys,
accountants, architects, engineers, insurance agents and real estate
brokers. Medical offices are not permitted.
B.
Conditional uses shall be permitted as follows, subject to approval by the Planning Board in accordance with Chapter 217, Article II, of these regulations, and subject to the requirements specified below and elsewhere in these regulations, including site plan approval in accordance with Chapter 217, Article III, of these regulations:
(1)
Cultural facilities.
[Amended 8-13-2014 by L.L. No. 6-2014]
(2)
Public utilities structures and government buildings
for any municipal use.
(3)
Day-care centers that are open to the general
public.
(4)
Business services.
(5)
Banks, with and without drive-through facilities, subject to the requirements of § 207-14.3, Drive-through standards. Banks with automatic teller machines shall be subject to the standards in § 203-52.2B(7).
(6)
Automatic teller machines, as an accessory use
to a permitted or conditionally permitted use, subject to the following
standards:
(a)
Automatic teller machines shall be located and
screened so that, when the requirements of all state and federal laws
are met, there is no overflow of light from the automatic teller machine
or any access paths or drives onto any residential properties. A lighting
plan shall be submitted showing the location, direction, power and
time of use for any proposed outdoor lighting.
(b)
Automatic teller machines configured as drive-throughs shall meet the requirements of § 207-14.3, Drive-through standards, except that the lighting requirements in this section shall apply if they are more restrictive.
(c)
All other requirements of these regulations
are met.
C.
Drive-through facilities. Except for those uses specifically
listed, no drive-through facilities shall be permitted.
D.
Additional standards. The following additional standards
shall apply to all new or expanded permitted and conditional uses
in the Low Density Office District (BE-L):
(1)
Building design shall include residential elements
as determined by the Planning Board to be necessary to provide compatibility
with nearby residential areas.
(2)
Required greenspace should be designed to enhance
the environmental and/or habitat benefits of the greenspace, protect
residential areas, and enhance the visual appeal of the property.
The Planning Board, in balancing these objectives, may require a portion
of the required greenspace to be left in an undeveloped state. Where
two or more principal buildings are proposed, either on one parcel
or on adjacent parcels, the design of the combined required greenspace
area should be considered.
(3)
Hours of operation. No use, except approved
automatic teller machines, may operate or accept deliveries, nor may
a truck or other machinery be operated on the premises of any use,
earlier than 7:00 a.m. nor later than 10:00 p.m. on Sunday through
Thursday nor earlier than 7:00 a.m. nor later than 11:00 p.m. on Friday
and Saturday.
(4)
Noise-generating equipment. All air-handling
equipment or other noise-generating equipment shall be located a minimum
of 10 feet from any property line along a residential district and
shall be screened as necessary, in the opinion of the Building Inspector,
the Planning Board or the Architectural Review Board, to prevent noise
intrusion onto or visibility from adjacent residential properties
and adjacent rights-of-way. At the property boundary, noise generated
by such equipment shall not be so loud as to interfere with the use
and enjoyment of adjacent residential property.
(5)
Lighting. All lighting shall be designed to
eliminate light overflow onto adjacent residential properties. Any
signage, building or parking lighting not necessary for security purposes
shall be placed on automatic timing devices which allow illumination
to commence each day 1/2 hour before the business is open to the public
and to terminate 1/2 hour after the close of business.
All changes of use or expansion of permitted
or accessory use within this district must apply for a certificate
of compliance from the Building Inspector or designee. This administrative
review shall determine if all the requirements of these regulations
are met for the new or expanded use. The Building Inspector or designee
shall have the right to any additional information necessary to make
his determination. The Building Inspector or designee is authorized
to grant a certificate of compliance only for those applications that
meet all the requirements of these regulations and when any previous
Town conditions, if applicable, have been met. A report of all certificates
of compliance applications and the outcome of the administrative reviews
shall be routinely given to the Planning Board.
All proposed development shall be referred to
the Architectural Review Board for an advisory report prior to the
issuance of the building permit. This review should include an analysis
of all facades, exterior building materials and signage.
All proposed development and exterior modifications
to existing buildings which are designated as or are under review
for possible landmark designation by the Brighton Historic Preservation
Commission or any county, state or federal agency shall be referred
to the Commission for an advisory report prior to the approval of
site plans or the issuance of any building permit.
All proposed development that has a direct impact
on open space, buffers, linkages or landscaping should be referred
to the Conservation Board for an advisory report prior to final site
plan approval by the Planning Board.
