[Amended 7-23-1997 by L.L. No. 5-1997; 2-25-1998]
In accordance with Town plans, this district
is intended to be a transitional zone allowing office and service
uses, mixed occupancy structures and limited-scale retail uses. The
BE-3 Office/Commercial - Mixed Use District effects a transition between
low-intensity office uses and the low-intensity retail and restaurant
uses in the BE-F District by permitting a range of retail uses while
restricting structure size to limit intensity and to promote reuse
of existing structures. This district also incorporates standards
designed to make it compatible with surrounding residential uses,
controlling traffic, noise, lighting and other impacts which might
adversely affect residences.
In an Office/Commercial - Mixed Use District
(BE-3), no building or premises shall be used and no building or part
of a building shall be erected, in whole or part, for any uses except
the following:
A.
Permitted uses shall be as follows, 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)
Government, business/professional and medical
offices and offices for nonprofit organizations.
(2)
Residential apartments on the second or third
floor above a permitted or conditionally permitted commercial use.
(3)
Consumer service and business service establishments.
(4)
Art, craft and similar instruction and/or display
studios which do not require the use of music (e.g., a dance studio).
(5)
Retail sales, such as sales of shoes, clothing,
home furnishings, antiques, small appliances, computers and electronic
equipment, hardware, paint and wallpaper, sport/hobby equipment books,
luggage, cards and gifts, jewelry, liquor, drugs, fabrics and flowers;
but excluding vehicle sales and sales of food products.
B.
Conditional uses shall be permitted as follows, subject to approval by the Planning Board in accordance with Chapter 217, Article II, hereof 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)
Banks, with or without drive-through facilities, subject to the requirements of § 207-14.3, Drive-through standards. Banks with automatic teller machines shall also be subject to the standards in § 203-62.3B(2).
(2)
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.
(3)
Dry-cleaning dropoff.
(4)
Day-care centers.
(5)
Public utilities and government buildings other
than offices, excluding power plants and maintenance and storage facilities.
(6)
Cultural facilities.
(7)
Places of worship.
(8)
Fitness facilities, martial arts studios, dance
studios and music studios, provided that their operation, location
in the building and/or their construction (e.g., sealed windows) is
such that noise is prevented from intruding on adjacent residential
properties.
C.
Residential character. It is the intent of these regulations
to maintain the existing residential character of the BE-3 District.
Therefore:
(1)
All new construction shall be designed to include
such elements as may be determined necessary by the Planning Board
and/or the Architectural Review Board to complement or enhance the
residential character of the area.
(2)
No alterations shall be made to any facade nor
shall additions or extensions be made to any side of such structure
originally designed for residential use, unless the residential character
of the whole shall be retained. The Planning Board and/or the Architectural
Review Board shall determine the appropriateness of the design and
materials used, referring to any architectural guidelines developed
for the Town's commercial areas. Any such guidelines would be located
in Appendix Part 5.
D.
Landscaping.
(1)
All new or expanded conditional uses shall be appropriately screened, buffered and landscaped in accordance with Chapter 207, Article V, and Appendix Part 1 of these regulations. Screening for new or expanded conditional uses shall include a solid fence along any lot line abutting a residentially zoned parcel. Such fence shall be six feet in height or the maximum height allowed in § 207-2 of the Town Code, whichever is less. All other Town regulations pertaining to fences shall be met.
[Amended 11-17-1999 by L.L. No. 7-1999]
(2)
All new or expanded permitted uses shall be screened with a solid fence along any lot line abutting a residentially zoned parcel. Such fence shall be six feet in height or the maximum height allowed in § 207-2 of the Town Code, whichever is less. All other Town regulations pertaining to fences shall be met.
E.
Outdoor storage or display. No outdoor storage or
display of goods, materials or equipment shall be permitted.
F.
Drive-through facilities. Except for those uses specifically
listed, no drive-through facilities shall be permitted.
G.
Additional standards. The following additional standards
shall apply to all new or expanded permitted and conditional uses
in the Office/Commercial - Mixed Use District (BE-3):
(1)
Maximum first-floor area. Maximum first-floor
area of buildings per lot, excluding parking and accessory structures,
shall be 2,500 square feet.
(2)
Maximum floor area. Maximum floor area of buildings
per lot, excluding parking and accessory structures, shall be 3,500
square feet.
(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. 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 adjoining a residential district or any place of worship 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, adjacent rights-of-way or adjacent places of worship. At the property boundary, noise generated by such equipment shall not be loud enough to interfere with the use and enjoyment of adjacent residential property or adjacent places of worship. All new or expanded permitted and conditional uses are also prohibited from creating any unreasonably loud, disturbing and unnecessary noise as described in Chapter 102, § 102-3, of the Town Code.
(5)
Lighting. All lighting shall be designed to
eliminate light overflow onto adjacent residential properties or adjacent
places of worship. 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 or extensions of permitted or allowed
uses or changes of proprietorship 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 such a determination. The Building Inspector or
designee is authorized to grant a certificate of compliance only for
those applications which 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 review shall be routinely given to the Planning
Board.
A.
All proposed development and exterior modifications
to existing buildings shall be referred to the Architectural Review
Board for an advisory report and finding prior to the issuance of
a building permit. In particular, the review shall include analysis
of the proposal's compatibility with the residential character of
the building or area and with any architectural guidelines developed
for the Town's commercial areas. Any such guidelines would be located
in Appendix Part 5.
B.
All proposed development and exterior modifications
to existing buildings which are designated landmarks of 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 approval
of site plans or issuance of any building permit.
All proposed development which has a direct impact on open space, buffers or linkages or involves changes to site landscaping shall be referred to the Conservation Board for an advisory report prior to final site plan approval by the Planning Board. The Conservation Board's review shall include analysis of the compatibility of landscaping intended to meet the screening requirements of Chapter 207, Article V. The Conservation Board shaft also review the compatibility of any streetscape landscaping elements with any streetscape design guidelines developed for the Town's commercial areas. Any such guidelines would be located in Appendix Part 5.
See the supplementary regulations in § 207-14.1, of these regulations.
