The following regulations shall apply in all R-1 Zones:

1.

Principal permitted uses.

a.

Single-family detached dwellings, provided they have a minimum of six hundred (600) square feet of gross floor area.

b.

Public, private and business schools, parochial schools, libraries and public museums.

c.

Churches and similar places of worship, parish houses, convents and cemeteries.

d.

Public parks and playgrounds.

e.

Family day care homes, provided there is a maximum of six (6) children.

f.

Food trucks are permitted to operate on a residential lot for not more than two (2) days in a calendar year.

2.

Permitted accessory uses. Any accessory use in an R-1 Zone shall not occupy more than thirty (30) percent of one floor of the principal building or more than an equivalent floor area in an accessory building.

a.

Private garage.

b.

Other customary accessory uses and buildings, provided such uses are incidental to the principal use and do not include any activity commonly conducted as business. Any accessory building or use shall be located on the same lot as the principal building.

c.

Accessory dwelling units.

3.

Permitted special uses. The following special uses are permitted under the provisions of Article V, pursuant to Article VII.

a.

Municipal buildings.

b.

Public utility installations.

c.

Philanthropic and eleemosynary uses or institutions, other than correctional institutions.

d.

Private and nonsectarian licensed day nursery, nursery school and kindergarten.

e.

Reserved.

f.

Kennels.

g.

Pay telephones.

h.

Family day care home, as defined in M.G.L. chapter 28A, section 9.

i.

Mobile home elderly community as defined in and subject to the provisions of subsection 27-38(k).

(Code 1965, § 27-25; Ord. No. D77, 8-28-78; Ord. No. D242, 11-13-87; Ord. No. D261, 1-5-89; Ord. No. D375, 9-28-95; Ord. No. D433, § 2, 1-5-99; Ord. No. E018, 11-29-01; Ord. of 7-25-2022(6); Ord. No. 01-30-2025(1), 1-30-25)

1.

Principal permitted uses.

a.

Any use permitted in the R-1 Zones.

b.

Two- and three-family dwellings.

c.

Food trucks are permitted to operate on a residential lot for not more than two (2) days in a calendar year.

2.

Permitted accessory uses. Any accessory use permitted in the R-1 Zones.

3.

Permitted special uses.

a.

Any special use permitted in the R-1 Zones, under the provisions of Article V, pursuant to Article VII.

b.

Hospitals and nursing homes not including contagious diseases or psychiatric treatment.

c.

Family day care home, as defined in M.G.L. chapter 28A, section 9.

d.

Large family day care home, as defined in M.G.L. chapter 28A, section 9.

(Code 1965, § 27-26; Ord. No. D127, 8-24-81; Ord. No. D254, 7-29-88; Ord. No. D433, § 2, 1-5-99; Ord. of 7-25-2022(6))

1.

Principal permitted uses.

a.

Any use permitted in the R-2 Zones.

b.

Multi-family.

c.

Food trucks are permitted to operate on a residential lot for not more than two (2) days in a calendar year.

2.

Permitted accessory uses. Any accessory use permitted in the R-2 Zone.

3.

Permitted special uses. The following special uses are permitted, under the provisions of Article V, pursuant to Article VII.

a.

Tourist homes, but not hotels, motels or tourist cabins.

b.

Reserved.

c.

Hospitals and nursing homes.

d.

Any special use permitted in the R-2 Zones under the provisions of Article V, pursuant to Article VII.

e.

Multi-family dwellings at a density of up to one unit per one thousand two hundred (1,200) square feet of lot area with a minimum lot size of one acre.

f.

Pay telephones.

g.

Family day care home, as defined in M.G.L. chapter 28A, section 9.

h.

Large family day care home, as defined in M.G.L. chapter 28A, section 9.

(Code 1965, § 27-27; Ord. No. D254, 7-29-88; Ord. No. D375, 9-28-95; Ord. No. D433, § 2, 1-5-99; Ord. of 7-25-2022(6))

The R-4 Neighborhood Revitalization In-fill Overlay Zone permits use of land therein for in-fill residential development subject to the specific regulations and requirements of this section.

1.

General requirements: The regulations of this section shall apply only to the development of single-family and two-family dwelling units.

2.

Relationship to underlying zones and regulations: All regulations and requirements applicable in the underlying residential zone shall apply within the R-4 Zone to the extent that they do not conflict and are not inconsistent with the specific provisions of this section.

To the extent the provisions of this section are in conflict with or are inconsistent with any other provisions of this appendix, (including, without limitation, any regulations or requirements applicable in the underlying zoning zone), the provisions of this section shall govern, even were they are less restrictive than the regulations or requirements applicable under such other such other provisions of this appendix.

3.

Principal permitted uses: Single-family dwelling.

4.

Permitted accessory uses: Any accessory use permitted in the R-3 Zone.

5.

Special permitted uses: Two-family dwelling.

(Ord. No. E007, § II, 9-26-00)

A.

Purpose. The purpose of this section is to promote alternative housing for a maturing population; to provide a type of housing which reduces residents' hardships of property maintenance and which reduces demands on municipal services; and to promote flexibility in land use planning, in order to improve site layouts, safety, protection of nature attributes and environmental values and utilization of land in harmony with neighboring properties.

B.

Occupancy qualifications. Any application for an SRC shall indicate, and ensuing use shall sustain, compliance with M.G.L. chapter 151B, 4, 6. Provided housing shall be occupied by at least one (1) person who is fifty-five (55) years of age, or older; and no more than one (1) additional occupant who shall be under fifty-five (55) years of age. In addition, and only in proven cases of family emergency, as determined by majority vote of any homeowner's association management board, no more than one (1) additional persons, above the number which is specifically herein authorized, who are under fifty-five (55) and directly related, shall be allowed to be an occupant of any dwelling unit for more than six (6) months duration. Extensions of such minimum time duration may be granted by majority vote of such board. Occupancy requirements shall be exclusive of nurses or other persons to provide health-care services to any occupant of said dwelling unit. In the event of the death of the qualifying owner/occupant of a dwelling unit, or foreclosure or other involuntary transfer of a dwelling unit in an SRC, a two-year grace period shall be allowed for a nonqualifying owner/occupant to transfer the unit to another eligible qualifying owner/occupant.

C.

Definitions. The terms "lot", "lot area", "lot coverage", "lot frontage" and "yard" (front, rear and side) as listed in sections 27-9 and 27-61 of this chapter as used in this section, are meant only to associate with the definitions as if the included dwellings/structures were to be provided on separate lots. A senior residential community may be a grouping of individually owned lots or a tract of land divided into designated areas for the purposes of land leases.

D.

General requirements. The following general requirements shall apply to senior residential communities:

1.

A senior residential community district, consisting of single-family residences, supplemented by appropriate amenities as described herein, shall be superimposed as an overlay district in zoning districts residential as set forth in sections 27-9, 27-25, 27-26 and 27-27. Use shall be authorized by special permit issued by the planning board as special permit granting authority pursuant to G.L. 40A. In addition to the other requirements of this section, the following minimum requirements must be met:

(a)

The rules and regulations adopted by the planning board, at time of application, shall be in force except as herein otherwise provided; and

(b)

The site is reasonably protected from traffic;

(c)

The proposed use shall be served by municipal water and sewer services unless the planning board, with advice from the department of public works deems that alternative services shall meet the long term needs of such proposed use and the City of Brockton; and

(d)

The special permit applicant for an SRC shall be the owner of any parcel(s) proposed for such development or an applicant showing proof in writing by the owner of such parcel(s) to be authorized to apply for and be issued such special permit;

(e)

The proposed site must contain at least five (5) contiguous acres of land, whether one (1) lot or a combination of several lots.

(f)

A senior residential community, approved under this section, may be a grouping of individually owned lots or a tract of land divided into designated areas for the purposes of land leases. The SRC plan submitted for either form of ownership must comply with all the regulations contained herein.

E.

Site requirements. For the purposes of this section the following site requirements shall be met:

1.

Parcel area/frontage requirements. Minimum parcel area and minimum parcel frontage requirements shall coincide with general intent of the SRC but in no event shall any lot size derogate from the minimum established in subsection F of this section.

(a)

The land under construction shall be located on one (1) or more contiguous parcels, whether or not separated by a public or private way, with definite boundaries ascertainable from an allowed recorded deed or recorded plan;

2.

[Lot sizes.] Larger lot sizes may be allowed, as determined by the planning board, considering soil conditions, water table and slope conditions;

3.

Open space. All remaining land in the development not contained in single-attached dwelling lots, or within rights-of-way and municipal easements, shall be held in common use of the residents of the development and, in some circumstances of the city, as open space, as determined by the planning board, and shall meet the following requirements:

(a)

All such open space parcels, together, shall equal not less than thirty (30) percent of the total parcel area and shall serve passive recreational purposes;

(b)

Wetlands, as determined by the conservation commission, shall qualify as open space, if such wetlands are situated in the development perimeter buffering area, or situated as passive recreation areas;

(c)

Desirable qualities of open space reservations are:

• Continuity of open space within the development and into existing adjoining developments.

• Protection of water courses, wetlands and other ecologically sensitive areas.

• Configuration reflecting landforms and existing vegetative patterns and handicapped accessibility from at least fifty (50) percent of the abutting dwellings.

F.

Building and dwelling unit requirements.

1.

Number of dwelling units permitted. Written computation shall be provided to the planning board, at the time of application submittal, based on a maximum average of five (5) dwelling units per acre of such land dedicated to dwelling unit building lots; with the maximum number of bedrooms in each dwelling unit limited to two (2): the method of distribution of allowable dwelling units per acre shall determine the total number of allowable dwelling units;

2.

Dwellings may be provided as detached single units, or attached in groups of two (2) or three (3).

(a)

Single dwelling unit lot sizes shall be eight thousand (8,000) square feet, minimum;

(b)

Attached double dwelling unit lot sizes shall be sixteen thousand (16,000) square feet, minimum;

(c)

Attached triple dwelling unit sizes shall be twenty-four thousand (24,000) square feet minimum.

3.

Maximum building height (including accessory buildings). Two (2) stories, in no case shall such living quarters be provided for a handicapped person without provisions for adequate handicapped accessibility, as determined by the superintendent of buildings.

4.

The buildings shall be arranged in a variety of setbacks. All of the setbacks shall be no less than the minimum allowable setbacks as defined elsewhere in this section.

5.

Allowable accessory buildings, structures and preferred amenities.

(a)

Individual dwelling lots.

(i)

Attached garages, and other customary accessory structures except storage-type sheds shall be allowed

(ii)

Such accessory arrangements shall be depicted on the SRC plan and shall not deviate from the allowable lot coverage;

(b)

Community space. An SRC plan must contain the following amenities:

(1)

Any one (1) of the following:

A.

A community building with a footprint of no less than 800 square feet of unseeable floor area;

B.

An inground swimming pool, no smaller than 26 feet × 32 feet;

C.

Two regulation tennis courts;

OR

(2)

Any three (3) of the following:

A.

Two shuffleboard courts;

B.

A bocce court;

C.

Horseshoe pits;

D.

Putting green;

E.

Nature trails;

F.

Gazebo.

7.

Building design criteria. All buildings and structures shall be designed, located and constructed to afford the following:

(a)

Compatibility of architectural styles, scales, building materials and colors within the development.

(b)

Variations in facade, roof lines and interior layouts of dwelling units.

(c)

Harmonious relationship of buildings and structures to each other with adequate light, air, circulation, privacy and separation.

G.

Additional physical requirements.

1.

Setbacks.

(a)

Single/attached dwelling units. Front yards shall be twenty (20) feet minimum, rear yards shall be thirty (30) feet minimum and side yard separation of abutting dwellings shall be twenty (20) feet minimum. A five-foot side yard setback shall be allowable only on one (1) side of any dwelling unit; provided that a twenty-foot separation with abutting dwellings is maintained.

2.

Development parcel lot coverage (density). Thirty-five (35) [percent] maximum.

3.

Frontage. Minimum frontage on any lot shall be no less than sixty (60) feet per unit. However, clusters of no more than four (4) units shall be allowed with a common driveway providing that the total frontage on a roadway is no less than one hundred twenty (120) feet.

4.

Dwelling lot coverage (density). Thirty-five (35) [percent] maximum.

5.

Distance between common use building/structures. Thirty (30) feet.

6.

[Parking.] Two (2) parking spaces shall be provided for each dwelling unit on the unit's lot.

7.

[Traffic restrictions.] The right-of-way network shall be so designed and constructed as not to allow vehicular traffic throughout the development from neighboring parcels or streets. Road signs shall be posted to indicate "NOT A THRU STREET", or other appropriate wording, to temper unnecessary intrusion of off-site traffic.

8.

[Sidewalks.] Paved sidewalks shall be located and constructed to the bounds of the development from interior roadways to provide pedestrian access to neighboring streets and abutting parcels, if practical, as determined by the planning board.

9.

[Buffering, screening.] Along the perimeter of the development parcel, for a depth of thirty (30) feet minimum, landscape greenery or other buffering/screening method(s), in place at the time of development, which can serve to obstruct the view of adjacent land use properties from one another, shall remain undisturbed; except for underbrush clearing and general maintenance. If such existing buffering/screening is deemed insufficient it shall be supplemented as determined by the planning board.

10.

[Rights-of-way, etc.] Rights-of-way, driveways and sidewalks within the development shall meet such width, grades, radius of curvature and construction standards as required by the planning board subdivision rules and regulations, except for the purposes of this development, the right-of-ways shall be classified as lanes, with the added requirement of paved sidewalk on one (1) side.

11.

[Conservation commission approval.] All proposals for senior residential communities (SRC) that require action by the Brockton Conservation Commission must receive final approval from the conservation commission prior to filing with the planning board. A copy of any and all documentation issued by the Brockton Conservation Commission shall be contained in the application to the planning board.

Design standards. All senior residential communities (SRC) shall be applied for, approved and developed in accordance with the rules and regulations of the planning board.

H.

Special requirements. Open space and such other facilities as may be held in common, may be required to be conveyed to a corporation or trust comprising a homeowner's association whose membership includes the owners of all lots or dwelling units contained in the development. The developer shall include in the deed to owners of individual lots beneficial rights in said open space and shall grant a conservation restriction to the City of Brockton over such land pursuant to M.G.L. chapter 184, §§ 31 through 33, to ensure that such land is kept in an open or natural state, except as authorized, supra. This restriction shall be enforceable by the city through its conservation commission in any proceeding authorized by M.G.L. chapter 184, section 33. In addition, the developer shall be responsible for the maintenance of all improvements to the land until such time as the homeowner's association is capable of assuming such responsibility, and/or the city has accepted responsibility for rights-of-way and any assigned easements. In order to assure that the association will properly maintain the land deeded to it under this section, the developer shall cause to be recorded at the Plymouth County Registry of Deeds, or other cognizant authority, a declaration of covenants and restrictions that shall, at a minimum, provide the following:

(a)

Mandatory membership in an established homeowner's association as a requirement for ownership of any lot in the development; and

(b)

Provisions that ensure that the land will be used as an "over 55" community pursuant to M.G.L. 151B §§ 4 and 6.

(c)

Provisions, which so far as possible under the existing law will ensure that the restrictions placed on the use of the developed and open space will not terminate by operation of law or, that in the case of termination, that mandatory renewal of all restrictions shall occur automatically.

(Ord. No. G008, 8-28-03)

1.

Principal permitted uses.

a.

Greenhouse having a retail outlet on the premises.

b.

Bakery with sale of bakery products on the premises only.

c.

Barbershop, beauty shop, massage or similar personal service shops.

d.

Catering shop.

e.

Dressmaking, tailoring, shoe repairing, repairing of household appliances and bicycles and other uses of a similar character, provided that not more than five (5) persons shall be employed on the premises during a single shift.

f.

Drugstores of less than six thousand (6,000) square feet of floor area.

g.

Laundromats and shops for the delivery or picking up of laundry and dry cleaning.

h.

Medical and dental offices and other professional and business offices.

i.

Food trucks, [provided] food trucks shall not operate its business on public streets. Food trucks shall not operate its business within 250 feet from the entrance of a licensed restaurant in the City of Brockton unless the food truck operator obtains written permission from the restaurant owner.

j.

Retail stores of less than eight thousand (8,000) square feet in floor area.

k.

Offices, banks or lending institutions.

l.

Membership associations, corporations or clubs.

m.

Churches and religious institutions.

n.

Public and parochial schools and educational facilities.

o.

Eating and drinking establishments without drive-through service.

2.

Permitted accessory uses. Customary uses and structures which are clearly incidental to the principal use.

3.

Permitted special uses. The following special uses are permitted, under the provisions of Article V, pursuant to Article VII.

a.

Joint-occupancy uses.

b.

Package liquor store.

c.

Reserved.

d.

Any business not operating as a principal tenant out of a permanent, fixed structure, except for any business requiring a common victualer's license.

e.

Pay telephones.

(Code 1965, § 27-28; Ord. No. D55, 9-12-77; Ord. No. D132, 8-27-81; Ord. No. D182, 11-16-84; Ord. No. D254, 7-29-88; Ord. No. D375, 9-28-95; Ord. No. L05, 9-6-20; Ord. of 7-25-2022(2), (6))

1.

Principal permitted uses.

a.

Any use permitted in the C-1 Zone, except that the limitations upon floor area and number of employees need not apply.

b.

Automobile, farm implement or trailer display, repair or servicing and sales room, new or used.

c.

Business, dancing or music schools.

d.

Frozen food lockers.

e.

Food trucks, [provided] food trucks shall not operate its business on public streets. Food trucks shall not operate its business within 250 feet from the entrance of a licensed restaurant in the City of Brockton unless the food truck operator obtains written permission from the restaurant owner.

f.

Radio and television broadcasting stations, studios and offices.

g.

Retail store or shop including wine and malt beverage store.

h.

Parking lot or garage.

i.

Wholesale establishment including storage and display.

j.

Carpentry, painting, plumbing or tinsmithing shop.

k.

Testing laboratory.

l.

Printing or engraving.

m.

Hardware or building material sales.

n.

Amusement and recreation service such as theatre, ballroom or bowling alley.

o.

Business service shop such as blueprinting, accounting, duplicating or employment agency.

p.

Repealed.

q.

Undertaking establishment or mortuary.

r.

When not employing more than nineteen (19) persons on the premises, in a single shift, not including persons whose principal duties are off the premises, and providing all materials are stored and all shop work is done within a building:

1.

Dyeing and cleaning establishment or laundry.

2.

Painting, plumbing, carpentry or tinsmithing shop.

3.

Radio or television repair shop.

4.

Dressmaking, millinery or tailoring establishments.

5.

Upholstering shop, not involving furniture manufacturing.

6.

Any other general service or repair establishment of similar character.

2.

Permitted accessory uses.

a.

Any accessory use permitted in the C-1 Zone.

b.

Other customary uses and structures which are clearly incidental to the principal use.

3.

Permitted special uses. The following special uses are permitted under the provisions of Article V, pursuant to Article VII.

a.

Any special use permitted in the C-1 Zone.

b.

Gasoline stations.

c.

Adult day care facilities.

d.

Open air or drive-in theatres.

e.

Pet shop, animal hospital or veterinarian.

f.

Car washing establishment.

g.

Eating and drinking establishments with drive-through service.

h.

Hotel, motel, motor court or lodging house.

i.

Reserved.

j.

Prior to use, the building department shall perform an inspection to ensure compliance with state regulations or any condition imposed by the Zoning Board of Appeals.

(Code 1965, § 27-29; Ord. No. D133, 8-27-81; Ord. No. D288, 7-27-90; Ord. No. D369, 7-28-95; Ord. No. D410, 6-26-97; Ord. No. H09, § I, 8-30-12; Ord. No. K19, 8-31-18; Ord. No. L05, 9-6-20; Ord. of 7-25-2022(2), (6))

1.

Principal permitted uses.

a.

Any use permitted in the C-2 Zone.

b.

Community health centers/clinics as defined in Section 330 of the Public Health Service Act (42 U.S.C. 254c).

c.

Alternative energy or renewal energy research and development facilities.

d.

Food trucks, [provided] food trucks shall not operate its business on public streets. Food trucks shall not operate its business within 250 feet from the entrance of a licensed restaurant in the City of Brockton unless the food truck operator obtains written permission from the restaurant owner.

2.

Permitted accessory uses. Any accessory use permitted in the C-2 Zone.

3.

Permitted special uses.

a.

Any special use permitted in C-2 Zone, subject to the same limitations.

b.

Multi-family dwellings (three (3) or more dwelling units in a structure) subject to the space standards for the R-3 Zone (See Table 1).

c.

Clinics, except as permitted in subsection 1.b above.

(Code 1965, § 27-30; Ord. No. D254, 7-29-88; Ord. No. D344, 6-28-94; Ord. No. K02, 10-24-16; Ord. of 7-25-2022(6))

The C-4 planned shopping center zone shall be laid out, developed and used according to a plan prepared in compliance with the provisions of this section, in order to provide for modern retail shopping facilities in appropriate locations to serve residential neighborhoods.

1.

Principal permitted uses. The use of each building or premises shall be in accordance with the plan referred to above, which use shall be limited to service, parking, retail sale of merchandise, offices and similar activities ordinarily accepted as shopping center uses. No building shall be designed, constructed, structurally altered or used for residential purposes, except to provide within the buildings allowed, facilities for a custodian, caretaker or watchman employed on the premises.

2.

Procedure. The owner or owners of a tract of land comprised of two (2) acres or more may submit to the planning board a plan for the development and use of such tract for the purposes of, and meeting the requirements set forth in this section. Such plan shall comply with all requirements of this section and shall be accompanied by evidence concerning the feasibility of the project and the effect of the proposed development on surrounding property and other physical conditions. Such plan shall comply with the requirements set forth below:

a.

All of the standards set forth in the C-2 Zone must be complied with, except:

1.

The minimum yard requirements shall be:

(a)

Front—25 feet

(b)

Side—30 feet

(c)

Rear—50 feet

2.

Off-street parking shall be provided on the basis of one parking space for each ninety (90) square feet of ground floor space.

3.

Off-street loading shall be provided on the basis of one loading or unloading berth for each fifteen thousand (15,000) square feet of ground floor space.

b.

A site plan defining the areas wherein buildings may be constructed, the areas which will be developed for parking and the proportionate amount thereof, the location of roads, driveways and walks and the points of ingress and egress, including access streets where required, the location and height of walls, the spaces for loading, the location and character of exterior lighting, and the character and extent of landscaping, planting and other treatment for protection of adjoining property.

c.

A drainage plan approved by the city engineer.

d.

A copy of any deed restrictions intended to be recorded.

e.

A report on the needs and extent of the market to be served, and general economic justification.

f.

A traffic analysis indicating the effect of the proposed shopping center on adjacent streets and also indicating the direction and amount of traffic flow to and from the shopping center.

3.

Review and approval. The following action must be taken prior to the approval of a planned shopping center as permitted in the C-4 Zone:

a.

Before any action on any of the plans for a planned shopping center, the site plan and any supplemental information shall be submitted to the planning board for study and report. Reasonable additional requirements may be recommended by the planning board for the protection of adjoining residential property. Special consideration shall be given to the installation of underground utilities. The planning board regulations shall be adhered to when applicable. The planning board shall hold a public hearing and report its recommendations for approval or disapproval, together with the reasons therefor and additional requirements, if any, to the city council for action. After holding a public hearing on the planned shopping center in accordance with the statute or amending zoning ordinances, approval of such planned shopping center by the city council shall constitute a zoning change of the affected tract of land to a C-4 planned shopping center zone. If no report is transmitted by the planning board within twenty (20) days of its public hearing, the city council may take action without further awaiting such report.

b.

In the event that construction of the shopping center, as proposed, is not started within two (2) years from the date of approval by the city council, the district shall revert to the same zoning classification which existed prior to approval of the C-4 planned shopping center zone and the zoning regulations of such prior zone shall thereupon be in full force and effect.

c.

The plan may be amended in accordance with the procedure outlined in approval of such plan.

(Code 1965, § 27-31)

1.

Principal permitted uses.

a.

Professional offices of physicians, dentists, optometrists, lawyers, accountants, engineers, architects, insurance, real estate and investment agents; banks, lending institutions, and other uses similar in function to those listed.

b.

Hospitals, medical and dental laboratories and professional pharmacies.

c.

Nursing homes subject to licensing under General Laws Ch. 111, Section 71-A.

d.

Adult day care facilities.

e.

Research and development office or laboratory.

f.

Business incubator.

g.

Agricultural greenhouse.

h.

Food trucks, [provided] food trucks shall not operate its business on public streets. Food trucks shall not operate its business within 250 feet from the entrance of a licensed restaurant in the City of Brockton unless the food truck operator obtains written permission from the restaurant owner.

2.

Permitted accessory uses. Any accessory use permitted in the C-1 Zone.

3.

Permitted special uses.

a.

Hotel/conference center.

b.

Pay telephones.

c.

Tattoo parlors.

d.

Independent senior residential.

Requirements: must be located in proximity to senior care senior residential facility, minimum lot size of one and one-half (1.5) acres, distance from the street and property line minimum of forty (40) feet, requirement of two (2) parking spaces per unit, must be in proximity to healthcare and educational facilities, public transportation must be accessible with sidewalks and handicap accessible, [and] greenspace to be maintained by facility.

e.

Assisted care senior residential.

Requirements: minimum lot size of one and one-half (1.5) acres, distance from the street and property line minimum of forty (40) feet, requirement of two (2) parking spaces per unit, must be in proximity to healthcare and educational facilities, public transportation must be accessible with sidewalks and handicap accessible, [and] greenspace to be maintained by facility.

4.

Definitions.

Research and development or laboratory. The analysis, testing, and development of products, or services predominantly for scientific research operations in biotechnology, pharmaceuticals, medical equipment, communication & information technology, electronics, computer hardware, and their substantial equivalents. The following standards apply:

a.

Research and development and/or laboratory does not include activities involved in fabricating, assembling, warehousing, or sale of products for the retail or wholesale market.

b.

Ancillary development of mock-up and prototype products is permitted so long as the total floor area devoted to their fabrication or assembly is limited to twenty-five percent (25%) [of] the gross floor area occupied by the use.

Business incubator. A place where individual small business owners or employees, remote workers, or freelancers can work alongside [one] another in a common space, or a business incubator, where individuals working to launch a new business can rent space in which to perform office work and access shared resources such as printers, scanners, and other tools and services such as financial counseling and management training.

Agriculture greenhouse. A structure in which light temperature and humidity can be controlled for the cultivation and protection of plants or other agricultural products, excluding marijuana and hemp.

Independent senior residential. Provides a sheltered living environmental for persons fifty-five (55) years of age or older. These residences may include common areas, a common dining facility and space for the provisions of social, psychological and educational programs.

Assisted care senior residential. A facility which provides room and board, provides assistance with activities of daily living for three (3) or more adult residents who are not related by consanguinity or affinity to the care provider, and collects payments or third-party reimbursements from or on behalf of residents to pay for the provisions of assistance with activities of daily living or arranges for the same. See M.G.L. ch. 19D.

(Ord. No. D227, 12-19-86; Ord. No. D254, 7-29-88; Ord. No. D375, 9-28-95; Ord. No. E017, 4-26-01; Ord. No. H09, § II, 8-30-12; Ord. of 7-25-2022(3), (6))

The C-6 Regional Shopping Center Overlay Zone permits use of land therein for a large scale, integrated Regional Shopping Center subject to the specific regulations and requirements of this section. The C-6 Zone shall overlay all underlying commercial districts but shall not overlay any residential district.

1.

General requirements. The regulations of this section shall apply only to a regional shopping center, and not to any other use that is allowed or permitted in the underlying zoning district. A regional shopping center shall mean a concentration of stores and establishments devoted to permitted uses (as such term is defined in subsection (3) below) in an enclosed structure (which may consist of several buildings) containing a total of not less than five hundred thousand (500,000) square feet of gross floor area on a site containing not less than thirty (30) acres, together with ancillary utility facilities, parking areas and driveways, landscaped areas, signs, and drainage and stormwater detention facilities. A regional shopping center may include one (1) or more detached buildings, provided that the gross floor area of the detached building(s) shall not exceed ten (10) percent of the gross floor area of the entire regional shopping center.

A regional shopping center may consist of one (1) or more buildings under single or separate ownership, provided that, if under separate ownership, (i) the lots and buildings are subject to an operation agreement or lease hold arrangements providing that the areas used in common, including the central enclosed mall area, and the parking areas are under integrated management, and (ii) the separate lots and buildings are developed with a unified approach to pedestrian ingress and egress, parking, vehicular entrances and exits, drainage and utilities. The bulk and dimensional requirements of subsection (5) below, shall be satisfied on the entire site comprising the regional shopping center, and not necessarily on each individual lot comprising the regional shopping center.

Signs and drainage and stormwater detention facilities serving the Regional Shopping Center may be located on the lot or lots occupied by the Regional Shopping Center or on any other parcel(s) of land under the same ownership as, or subject to easement(s) for the benefit of, the owner of the lot or lots occupied by the Regional Shopping Center, and any and all such parcel(s) of land shall be included within the C-6 Zone for all purposes under this section.

(2)

Relationship to underlying districts and regulations. All regulations and requirements applicable in the underlying commercial district(s) shall apply within the C-6 Zone to the extent that they do not conflict and are not inconsistent with the specific provisions of this section. To the extent the provisions of this section are in conflict with or are inconsistent with any other provisions of this ordinance (including, without limitation, any regulations or requirements applicable in the underlying zoning district(s)), the provisions of this section shall govern, even where they are less restrictive than the regulations or requirements applicable under such other provisions of this ordinance.

(3)

Principal permitted uses. Permitted Uses in a C-6 Zone shall be limited to retail stores and service establishments, including, without limiting the generality of the foregoing, restaurants, movie theaters, offices, automated teller machines (ATM's), entertainment and amusement centers and arcades (excluding any adult entertainment facility), automobile service centers, parts and accessories stores, and such other uses are customarily found in a Regional Shopping Center.

(4)

Permitted accessory uses.

a.

Any accessory use permitted in the C-2 Zone.

b.

Other customary uses and structures which are clearly incidental to the principal use, including, without limiting the generality of the foregoing, utility facilities, parking areas (including structured, deck or garage-type parking above or below grade) and driveways, landscaped areas, and stormwater detention facilities.

(5)

Standards. All of the following standards shall be complied with in the C-6 Zone:

(6)

Parking. All of the following requirements shall be complied with in the C-6 Zone:

a.

Off-street parking spaces shall have an area of not less than one hundred sixty-two (162) square feet exclusive of access drives or aisles and shall have a minimum width of nine (9) feet. Notwithstanding the foregoing, handicap parking spaces shall be provided in accordance with all applicable laws and regulations. There shall be adequate provision for ingress and egress to all parking spaces. Access drives or driveways shall not be less than twelve (12) feet wide.

b.

Required off-street parking shall be provided at a ratio of not less than four (4) parking spaces for each one thousand (1,000) square feet of Gross Leasable Area of all buildings located in the Regional Shopping Center. Gross Leasable Area shall mean floor area, exclusive of common mall areas and other common areas, escalators, elevators, utility, storage and equipment rooms, mall offices, exit and service corridors, toilet rooms, mezzanines, maintenance areas, loading docks, platforms and areas, and other areas not used for the public sale or display of goods. The foregoing parking requirement shall be calculated without regard to the multiple uses that may be contained in the Regional Shopping Center.

c.

All permitted and required accessory off-street parking spaces, above or below grade, shall be located on the same lot or lots as the Regional Shopping Center, except that such spaces may be provided within a radius of two hundred and fifty (250) feet from the lot lines. Such spaces shall be in the same ownership as the lot or lots occupied by the Regional Shopping Center and shall be subject to easements or deed restrictions of record, binding the owner and his heirs, successors and assigns to maintain the required number of spaces through the life of such use, and any and all parcel(s) of land on which such spaces are located shall be included within the C-6 Zone for all purposes under this section.

d.

The parking area may extend to the property or right-of-way line of any abutting street or sidewalk. If and to the extent that curbing is provided, such curbing may be constructed of bituminous, concrete or granite.

e.

A minimum of two (2) percent of the gross parking area (excluding buildings and sidewalks) shall be devoted to landscaped open space. To the extent feasible, all such landscaped areas shall be designed in a manner so as to facilitate traffic channelization and control. Such landscaped areas may be included in the calculation of open space as required in subsection (5) above.

(7)

Signs. Signs for the Regional Shopping Center may be located on the lot or lots occupied by the Regional Shopping Center or on any other parcel(s) of land under the same ownership as, or subject to easement(s) for the benefit of, the owner of the lot or lots occupied by the Regional Shopping Center.

All signs relative to the Regional Shopping Center shall comply with all the standards set forth in article XIV of the ordinance, except that section 27-67 shall not apply to signs relative to the Regional Shopping Center shall meet the following additional requirements:

The following types of signs shall be permitted:

a.

Freestanding signs subject to the following requirements:

(i)

Maximum number—Four (4) signs.

(ii)

Minimum distance between signs—One hundred twenty-five (125) feet.

(iii)

Maximum height—Thirty-five (35) feet.

(iv)

Maximum area—Four hundred (400) square feet.

b.

Wall signs identifying (1) retail stores and other Permitted Uses, (2) movie theaters, (3) the food court, (4) restaurants, (5) banks, and (6) the Regional Shopping Center, provided that no wall sign shall extend higher than the top of the parapet wall and subject to the following requirements:

(i)

Maximum number—Two (2) times the total number of exterior public entrances.

(ii)

Maximum aggregate areas of all signs on a wall—Ten (10) percent of the area of the wall.

c.

Wall signs designating loading areas, sections of the parking area, ATM's, service courts, employee entrances, and similar areas subject to the following requirements:

(i)

Maximum number—No limit.

(ii)

Maximum height—Fourteen (14) feet.

(iii)

Maximum area—Eight (8) square feet.

Notwithstanding the foregoing, the requirements of this subsection (7)c. shall not apply to parking lot designations, handicap signs, signs over service doors and utility rooms, and traffic signage. Such signs have no maximum number, height or area limitations.

d.

Freestanding directional signs indicating access and egress to the regional shopping center, as well as directions to stores, services or other areas within the regional shopping center, as well as directions to stores, services or other areas within the regional shopping center, subject to the following requirements:

(i)

Maximum number—No limit.

(ii)

Maximum height—Twelve (12) feet.

(iii)

Maximum area—Twenty-five (25) square feet.

e.

In addition to the signs permitted under subsection (7)b. above, two (2) exterior marquee wall signs for movie theaters located within the Regional Shopping Center shall be permitted with a size of up to four hundred (400) square feet. In addition to the signs permitted under subsection (7)a. above, up to two (2) freestanding exterior signs for movie theaters located within or outside of the Regional Shopping Center shall be permitted subject to the following requirements:

(i)

Maximum number—Four (4) signs.

(ii)

Maximum height—Thirty-five (35) feet above grade.

(iii)

Maximum area—Four hundred (400) square feet per side.

(Ord. No. D439, § 2, 5-25-99)

(a)

Establishment and delineation of zone: There is hereby established the "sports and convention complex zone" which shall be governed by the provisions of this section. Hereinafter in this section, sports and convention complex zone shall sometimes be referred to as the "zone."

(b)

Purpose: It is the purpose of this section to supplement existing zoning regulations to provide regulating flexibility to encourage development of sports events, entertainment, recreation and convention facilities within the zone.

(c)

Applicability: Buildings and land uses within the zone shall be governed by the pertinent regulations of the zoning ordinance, except as modified by the provisions of this section.

(d)

Uses in the sports and convention complex zone:

(1)

[Permitted uses.] The following uses shall be permitted as of right as either primary or accessory uses within the sports and convention complex zone:

a.

Parking lots, whether paved or unpaved, serving uses with seating or attendance capacities of over seven hundred fifty (750) people, provided that any such parking lot constructed after the effective date of this section shall comply with the parking standards set forth in article IX of the zoning ordinance;

b.

Mercantile or retail uses with a primary purpose of selling merchandise related to the activities allowed in this zone. Total square footage of floor space in the zone;

c.

Restaurants with or without seating, including, without limitation, restaurants employing "takeout service" and so-called "fast-food restaurants" as well as dining rooms to be used as function facilities;

d.

Stadiums for athletic or entertainment events;

e.

Parking garages, provided that any such parking garage shall comply with all applicable dimensional and other zoning requirements set forth in the ordinances;

f.

Offices, pursuant to the primary purposes allowed by this section;

g.

Entertainment productions held in an indoor, outdoor or combination setting;

h.

Auditoriums, function and convention facilities.

(2)

[Permitted accessory uses.] The following uses shall be permitted as accessory uses to the primary use of a lot for a stadium whether such accessory uses are located on the same lot as such stadium or adjacent or continguous lot under common or affiliated ownership (whether the ownership interest is fee simple or leasehold):

a.

Sports-oriented entertainment centers, including without limitation baseball pavilion-type uses, whether permanent or temporary, housing displays of sports memorabilia and interactive manual, mechanical, and audiovisual equipment;

b.

Practice fields, weight training facilities, practice pavilions and other sports-related structures for similar uses;

c.

Passive outdoor recreational uses such as parks and picnic groves.

(e)

Development and dimensional standards in the sports and convention complex zone:

(1)

Established for commercial zones in accordance with section 27-10. Standards for building height, lot area, lot frontage, lot depth, front and side yard, and rear yard shall be in compliance with those established for commercial C-7, section 27-10, Table 2.

(2)

Maximum building height requirements established by section 27-10, Table 2 shall not apply to structures required to illuminate the playing field for a stadium located in a C-7 Zone.

(f)

Parking standards and location: Off-street parking in the zone shall comply with the following standards and provisions:

(1)

Minimum off-street parking for the stadium and all ancillary uses including but not limited to attached function and convention facilities, restaurants and mercantile uses shall be one (1) parking space for every four (4) seats in the stadium. Minimum parking for all other uses shall be determined by section 27-54 of the zoning ordinance.

(2)

Required off-street parking spaces do not have to be located on the same lot as a proposed use or within the zone, provided that easements, agreements or other evidence are presented to the appropriate official to ensure that parking facilities not owned by the applicant will continue to be available.

(3)

Shared, multiuse parking is permitted and will be counted in determining whether a use had the requisite number of spaces. Parking requirements within the zone are not cumulative.

(4)

Multilevel parking structures shall be permitted in the zone, provided that such structures comply with all dimensional and other requirements set forth in the ordinances.

a.

All newly created parking after the date of the enactment of this section shall comply with sections 27-53 and 27-57 of the zoning ordinance.

b.

Parking areas will have controlled points of access and egress.

(g)

Section 27-32.9, C-7 Zone, shall be exempt from the provisions of section 27-36 provided that all proposed development within the flood plain area shall comply with all conservation commission and/or D.E.P. orders of conditions.

(h)

Signage. All signs identifying or naming a stadium or conference center and all interior facing signs and advertising, including scoreboards, are permitted as of right and shall be exempt from the provisions of article XIV of the Revised Ordinances of the City of Brockton.

(Ord. No. F010, § I, 11-27-01; Ord. No. G005, 8-29-02)

All of the standards and requirements applicable within the C-2 Zone shall also apply within the C-8 Zone, except the following:

1.

Principal permitted uses.

a.

Any use permitted in the C-2 Zone.

2.

Permitted accessory uses.

a.

Any accessory use permitted in the C-2 Zone.

b.

Take-out establishments, as accessory to a retail use containing at least fifty thousand (50,000) square feet of retail floor area and with a minimum lot size of five (5) acres.

c.

Liquor store, as accessory to a retail use containing at least fifty thousand (50,000) square feet of retail floor area and with a minimum lot size of five (5) acres, provided that liquor sales are limited to beer, wine, and pre-bottled cocktails, and provided that the customer area devoted to liquor sales is limited to a maximum of twelve hundred (1,200) square feet.

d.

Gasoline station, as accessory to a retail use containing at least fifty thousand (50,000) square feet of retail floor area and with a minimum lot size of five (5) acres, provided that the use shall consist of not more than three (3) double-sided fuel pumps, and shall not provide automotive repair or washing services. Such a facility may provide a covered canopy, and may include an area for the sale of food and beverages, and other items customarily found in convenience outlets.

3.

Sight-line areas for corner lots. Within the sight-line area of any corner lot, no fence, wall, or other structure more than three and one-half (3½) feet high (as measured from the plane of the average grade of the intersecting streets) shall be erected. In addition, no trees, hedges, or other obstructions that will materially obstruct the view of approaching vehicles shall be allowed within the sight-line area. The requirements of this subsection shall not apply to any portion of a corner lot abutting an intersection with a one-way street, in which street the traffic approaches from a direction opposite the subject lot.

4.

Parking. All of the following requirements shall be complied with in the C-8 highway commercial zone:

a.

Off-street parking spaces shall have an area of not less than one hundred sixty-two (162) square feet, exclusive of access drives or aisles, and shall have a minimum width of nine (9) feet. There shall be adequate provisions for ingress and egress to all parking spaces. Access drives or driveways shall not be less than twelve (12) feet wide.

b.

Required off-street parking for retail stores or shops shall be provided at a ratio of not less than 4.0 parking spaces for each one thousand (1,000) square feet of retail floor area. Parking requirements for uses other than retail stores or shops shall be determined by reference to Article IX, Table 4.

c.

The parking area may extend to the property or right of way line of any abutting street or sidewalk. If and to the extent that curbing is provided, such curbing may be constructed of bituminous, concrete, or granite.

d.

A minimum of two (2) percent of the gross parking area (excluding buildings and sidewalks) shall be devoted to landscaped open space. To the extent feasible, all such landscaped areas shall be designed in a manner so as to facilitate traffic flow and control. Such landscaped areas may be contiguous to the edge of the parking areas. Such landscaped areas may be included in the calculation of green space as required in section 27-18.

5.

Signage. The following signs shall be permitted within the C-8 highway commercial zone:

a.

One primary wall sign. One (1) primary wall sign, identifying the retail use, may be installed on the front of a building, and shall not exceed an area equal to the total "sign frontage" (as defined in section 27-63 of this chapter) multiplied by three (3) feet.

Such primary wall sign must be attached parallel to the building, and cannot project more than twelve (12) inches from the building surface. In addition, the top of the sign must be no higher than the lower of twenty-five (25) feet above grade or the cornice, parapet, or roof line of the building.

The primary wall sign may be illuminated, either by a steady, stationary light shielded and directed solely at the sign, or by interior, non-exposed lights.

b.

Secondary wall signs. Secondary wall signs may be installed on the front of a building, each of which identifies a particular department, service or use contained within the retail building. The number of secondary wall signs is not restricted within the C-8 highway commercial zone; however, each secondary wall sign shall not exceed twenty-four (24) square feet in area, and the total area of all secondary wall signs shall not exceed three hundred (300) square feet.

Each secondary wall sign must be attached parallel to the building, and cannot project more than twelve (12) inches from the building surface. In addition, the top of each sign must be no higher than the lower of twenty-five (25) feet above grade or the cornice, parapet or roof line of the building.

c.

Free-standing signs. One (1) free-standing sign may be installed along each side of a lot that provided street access, provided that no more than two (2) such free-standing signs shall be permitted. Each free-standing sign must have no more than two (2) faces, shall be located at least fifty (50) feet from a residential district, and shall be located a minimum of ten (10) feet from any lot line.

Each face of a free-standing sign shall measure maximum of seventy (70) square feet in area. For the purposes of calculation, the area of each free-standing sign shall not include the supporting uprights or any ancillary or decorative framework. The top of each free-standing sign shall extend no higher than twenty-five (25) feet from the average grade nearest the supporting uprights to the highest point of the sign.

Each free-standing sign may be illuminated, either by a steady, stationary light shielded and directed solely at the sign, or by interior, non-exposed lights.

d.

Gasoline station signs. In addition to the primary signs allowed within the C-8 highway commercial zone, the following additional signs shall be permitted for an accessory gasoline station use:

i.

Two (2) canopy signs, each of which is attached to, or mounted flush with the face of the gasoline station canopy. The area of each canopy sign shall not exceed seventy (70) square feet, and the top of each canopy sign must be no higher than the lower of twenty-five (25) feet above grade or the top of the canopy. Each canopy sign may be illuminated by interior, non-exposed lights.

ii.

One (1) double-sided sign above each gasoline pump, identifying the name of the station and measuring a maximum of twenty-one (21) square feet in area.

iii.

One (1) sign affixed to each side of a double-sided gasoline pump, identifying the name of the station.

iv.

Small double-sided signs, affixed to the top of each gasoline pump, identifying fuel grades and prices.

v.

One (1) free-standing sign identifying the name of the station, as well as fuel grades and prices. Such free-standing sign must have no more than two (2) faces, shall be located at least fifty (50) feet from a residential district, and shall be located a minimum of ten (10) feet from any lot line.

Each face of such free-standing sign shall measure a maximum of thirty-five (35) square feet in area. For the purposes of calculation, the area of the free-standing sign shall not include the supporting uprights or any ancillary or decorative framework. The top of the free-standing sign shall extend no higher than twenty (20) feet from the average grade nearest the supporting uprights to the highest point of the sign.

The free-standing sign may be illuminated, either by a steady, stationary light shielded and directed solely at the sign, or by interior, non-exposed lights.

e.

Signs need not be located on the same lot as the identified use, provided that such signs shall be installed pursuant to an easement or license agreement with the owner of the off-site property.

6.

Definitions. The following definitions shall apply only within the C-8 highway commercial zone:

a.

Floor area, retail. The floor area retail use dedicated to the public sale or display of goods, and specifically excluding: stairways, escalators, elevators, utility rooms, storage rooms, equipment rooms, trash compactors, food preparation areas, offices, exit and service corridors, toilet rooms, mezzanines, maintenance areas, loading docks, and all other areas not used for the public sale or display of goods.

b.

Lot. A parcel or series of contiguous parcels of land, bounded by other lots or by streets, and designated by the owner to be used, developed, or built upon as a unit. For the purposes of this definition, an "owner" of a parcel or series of parcels may be a fee owner and/or ground lessor of such parcel or parcels.

c.

Sight-line area. The triangular area of a corner lot abutting the intersection of two (2) streets, intended to provide adequate visibility of approaching vehicles, and determined as follows: (i) by drawing a straight line following each of the two (2) intersecting streets along the corner lot boundary, such that the two (2) lines intersect; (ii) along each street line, by measuring twenty (20) feet back from the point of intersection of such street lines; and (iii) by drawing a straight line (across the corner of the lot) connecting the two (2) twenty-foot distances. The resulting triangular area is the sight-line area.

(Ord. No. F011, § I, 12-31-01)

The C-9 Resort Casino Overlay Zone permits the use of land therein for a Resort Casino, as defined in this section. The applicant shall have the option of applying for site plan approval pursuant to the zoning controls set forth in this section or complying with all applicable zoning controls set forth in the zoning ordinances of the city for the underlying zoning districts. Development projects proceeding under this section shall be governed solely by the provisions of this section and shall be deemed exempt from the standards and/or procedures of the underlying zoning except for those of Article XV., Site Plan Review.

1.

Establishment and Delineation of Resort Casino Overlay District. The Resort Casino Overlay district is an overlay district that is superimposed over the underlying zoning districts. The boundaries of the Resort Casino Overlay are delineated as the "Resort Casino Overlay district" on the official zoning map of the city on file in the office of the city clerk, said map hereby made a part of the zoning ordinance.

2.

General requirements. The regulations of this section shall apply only to a Resort Casino use, and not to any other use that is allowed or permitted in the C-9 zoning district; all other uses shall be subject to the requirements of the underlying zoning district.

3.

Principal permitted uses.

a.

Resort Casino.

4.

Permitted accessory uses.

a.

Any accessory use permitted in the C-2 Zone.

5.

Standards. The following dimensional standards shall apply to buildings within the C-9 Resort Casino Overlay district:

a.

Hotel building height. The maximum Building Height for a hotel building that is part of a Resort Casino shall be one hundred (100) feet, provided that any hotel building with a Building Height greater than sixty (60) feet shall be set back from any abutting public street or Residential Zone by a distance at least as great as the Building Height of the side of the hotel building facing such public street or Residential Zone.

Parking. Off-street parking and loading for a Resort Casino shall comply with the following standards and provisions:

a.

Off-street parking spaces shall have a minimum width of nine (9) feet and a minimum depth of eighteen (18) feet, except that when any part of a building column or light pole intrudes into a parking space that space shall have a minimum depth of sixteen (16) feet. There shall be adequate provisions for ingress and egress to all parking spaces. Access drives or driveways shall not be less than twelve (12) feet wide.

b.

Required off-street parking shall be provided at a ratio of not less than 0.7 parking spaces for each Gaming Position, plus not less than one parking space for each hotel room. No additional parking spaces shall be required for other Resort Casino related uses. Surface parking shall not exceed more than sixty five (65) percent of the provided parking.

c.

Multilevel parking structures shall be permitted in the district, provided that such structures comply with all applicable dimensional and other requirements set forth in this article. Parking structures shall be clad in materials that complement those of the attached building(s), with speed ramps kept within the structures, and shall include reasonable measures to screen vehicles and vehicle lights from view with respect to adjacent properties.

d.

Surface parking spaces adjacent to a public way shall be provided with a landscaped strip not less than seven (7) feet in width two (2) foot car overhang and five (5) foot buffer with a screening hedge plantings, or landscaped berm, or a combination of these features, no less than thirty (30) inches in height, on average separating the parking lot from the street or sidewalk, which screening shall not extend across any driveway or access way to the parking lot and which may have reasonable gaps for pedestrian access or to maintain visibility for on-premises signs and driveways. Screening strips shall also include one (1) shade tree of not less than three (3) inches in width for each twenty-five (25) feet of frontage, calculated as an average along the frontage on a particular public way, i.e., shade trees may be clustered. Granite curbing shall not be required. Maintenance of landscaped areas shall include continuous operations of removal of weeds; mowing; trimming; edging; cultivation; reseeding; plant replacement; appropriate fertilization; spraying; control of pests, insects, and rodents by nontoxic methods where ever possible; watering; or other operations necessary to assure normal plant growth, all in a manner consistent with the property owner's LEED objectives.

e.

Within parking areas with a capacity of more than twenty-five (25) surface parking spaces, a minimum of twenty (20) square feet per surface parking space must be devoted to densely-planted well-maintained open space. All such open space shall be designed to facilitate traffic channelization and control and must contain live shade trees of not less than three (3) inches in width with adequate spaces being left unpaved for their growth. Those portions of perimeter landscaping strips in excess of the seven (7) foot width required by Section 27-32.100.6.d shall count toward the requirements of this subsection. Any landscaped area required under this subsection that is not part of a perimeter landscaping strip shall have a minimum width of at least three (3) feet and a minimum area of at least twenty-four (24) square feet. The required landscaped area need not be contiguous, but it is recommended that no surface parking space be located more than ninety (90) feet from a landscaped area. Maintenance of landscaped areas shall include continuous operations of removal of weeds; mowing; trimming; edging; cultivation; reseeding; plant replacement; appropriate fertilization; spraying; control of pests, insects, and rodents by nontoxic methods where ever possible; watering; or other operations necessary to assure normal plant growth, all in a manner consistent with the property owner's LEED objectives. The requirements of subsection (6)e shall not apply to any multilevel parking structure.

f.

Surface parking areas and all levels of multi-level parking structures shall be illuminated, provided that light poles for parking illumination shall not have a height greater than thirty-five (35) feet above the base grade or parking level.

g.

A Resort Casino shall have at least four (4) loading docks, which may be consolidated into a single loading bay or provided in two or more scattered bays.

Signs. Signs erected and maintained in connection with a Resort Casino shall be subject to Sections 27-63, Definitions, 27-64, Enforcement, and 27-68, Maintenance, as those sections exist on the date of enactment of this Section 27-32.100 and to the requirements set forth in this Section 27-32.100(7). The following types of signs shall be permitted in connection with a Resort Casino:

h.

One (1) freestanding (pylon) sign subject to the following requirements:

(i)

Maximum height—Eighty-five (85) feet.

(ii)

Maximum sign area—Nine hundred (900) square feet per side.

(iii)

Minimum distance from lot lines—Ten (10) feet.

(iv)

Location—Within two hundred fifty (250) feet of right-of-way of Belmont Street.

(v)

Illumination shall be either by a steady, stationary light shielded and directed solely at the sign, by interior, non-exposed lights, or as an Electronic sign subject to Section 27-32.100(7)f, or a combination thereof.

i.

Wall signs identifying or advertising the Resort Casino, or venues, programs and activities, promotions, or uses within the Resort Casino, provided that no more than fifteen (15) percent of any individual wall facade may be covered with such signs and no individual wall sign shall extend higher above the top of the wall to which it is attached than (1) if adjacent to a sloped roof, the peak of the sloped roof or (2) if adjacent to a flat roof, the lesser of (i) twelve (12) feet above the top of the parapet wall adjoining the flat roof or (ii) forty-five (45) feet above the adjacent grade

j.

Wall signs designating loading areas, sections of the parking area, ATMs, service courts, employee entrances, and similar areas subject to the following requirements:

(i)

Maximum number—No limit.

(ii)

Maximum height—Fourteen (14) feet.

(iii)

Maximum area per sign—Ten (10) square feet.

Notwithstanding the foregoing, the requirements of this subsection (7)c. shall not apply to parking lot designations, handicap signs, signs over service doors and utility rooms, and traffic signage. Such signs have no maximum number, height, or area limitations.

k.

Freestanding identification (monument) signs for the Resort Casino; subject to the following requirements:

(i)

Maximum number—Three (3).

(ii)

Maximum height—Twenty (20) feet.

(iii)

Maximum area per sign—Three hundred fifty (350) square feet per side.

1.

Freestanding directional signs indicating access and egress to the Resort Casino site, as well as directions to venues, uses, or other areas within the Resort Casino or the site, and which may include the Resort Casino's name and logo, subject to the following requirements:

(i)

Maximum number—No limit.

(ii)

Maximum height—Twelve (12) feet.

(iii)

Maximum area per sign—One hundred twenty (120) square feet per side.

m.

The area of a sign shall include all lettering, wording, and accompanying designs and symbols, together with the background on which they are displayed, any frame around the sign, and any "cutouts" or extensions, but shall not include any supporting structure or bracing.

n.

Electronic signs are allowed only as, or as part of, the freestanding (pylon) sign allowed by subsection (7)a, identifying wall signs allowed by subsection (7)b, and freestanding identification (monument) signs allowed by subsection (7)d. Electronic signs shall not be used for commercial messaging promoting off-premises uses or activities, except for public service announcements, welcoming and notices, subject to approval of the City, and at the owner's sole discretion.

o.

Signs need not be located on the same lot as the identified use, provided that such signs shall be (i) installed pursuant to an easement or license agreement with the owner of the off-site property and (ii) located within the C-9 Resort Casino Overlay district. Off site signs shall not include electronic displays.

7.

Definitions. The following definitions shall apply only within the C-9 Resort Casino Overlay district:

a.

Electronic sign. An Electronic sign shall mean a sign comprised of multiple bulbs, LEDs, or other individually controllable light-emitting elements capable of selective illumination to display a variety of messages and images. Images and writing displayed on Electronic signs shall not be animated, changed in a manner giving the illusion of movement, or changed more frequently than once every six (6) seconds.

b.

Entertainment Venue. An Entertainment Venue shall mean a separate area of a Resort Casino complex open to the public for live entertainment uses including without limitation concerts, stage performances, or comedians, or non-live entertainment uses including without limitation a movie theater or bowling alley.

c.

Gaming Position. A Gaming Position shall mean a customer seat at a gaming table or slot machine; each roulette table shall be deemed to have five (5) Gaming Positions and each craps table shall be deemed to have ten (10) Gaming Positions.

d.

Resort Casino. A Resort Casino shall mean a Category 1 gaming establishment licensed under Chapter 23K of the General Laws, which may include gaming tables, slot machines, and any other uses required or authorized under Chapter 23K of the General Laws or by the Massachusetts Gaming Commission, and including any associated restaurants, taverns, coffee shops, and other establishments offering food and/or alcoholic beverages, hotels, banquet facilities, retail stores and shops, meeting/conference and multi-function space, and Entertainment Venues, and other uses customarily incidental to a Resort Casino, including without limitation cashier cage, count room, players' club and customer service areas, and "back of house" uses including without limitation office, security, laundry, kitchen, and employee cafeteria and break areas. A Resort Casino may occupy one or more buildings, which may be in separate ownership.

(Ord. No. J17, 6-22-15)

1.

Principal permitted uses.

a.

Wholesale business, storage and warehousing.

b.

New vehicles sales and service.

c.

Woodworking, furniture repair and custom upholster, metal working, painting contracting, electrical contracting, plumbing contracting, dye casting and manufacturing, including the tooling and finishing, of products made of metals and other materials.

d.

Wholesale bakeries, dairy processing plants, bottling plants.

e.

Boat sales.

f.

Manufacturing of awnings, venetian blinds and shades.

g.

Truck terminals.

h.

Large scale laundry, dry cleaning and dyeing plant.

i.

Business service shop such as blueprinting, accounting, duplicating or employment agency.

j.

Offices.

k.

Banks or lending institutions.

l.

Parking lot or parking garage.

m.

Radio and television broadcasting stations, studios and offices.

n.

Testing or research laboratory.

o.

Printing or engraving.

p.

Public utility services and structures.

q.

Governmental or public service uses such as post offices, telephone exchange and offices.

r.

Light manufacturing, including, but not limited, to the following:

1.

Footwear and clothing;

2.

Jewelry;

3.

Cosmetics and pharmaceuticals;

4.

Candy;

5.

Fur goods, except tanning;

6.

Medical, dental or drafting instruments;

7.

Optical and electronic equipment, clocks; watches and similar precision instruments;

8.

Other manufacturing, processing, fabricating or assembling operations similar to those listed above.

2.

Permitted accessory uses.

a.

Accessory uses and buildings customarily appurtenant to a principal permitted use such as incidental storage facilities.

b.

Facilities for a watchman, custodian or caretaker employed on the premises.

3.

Permitted special uses. The following special uses are permitted under the provisions of Article V, pursuant to Article VII.

a.

Restaurants to serve the employees of the principal uses in the area.

b.

Retail sales of goods manufactured or processed on the premises.

c.

Uses accessory to, and necessary in connection with, scientific development or related production when such principal use is permitted as of right.

d.

Pay telephones.

e.

Retail store or shop.

4.

Other requirements.

a.

Outdoor storage of packaged articles, packaged supplies or packed materials is permitted provided such out-door storage space shall be screened from view by an attractive wall, fence or a dense planting of at least six (6) feet in height and further provided that such storage area shall be included in the gross floor area of the lot and not on any required setback.

b.

No use shall be permitted which is objectionable or offensive because of especial danger or hazard, or because cinders, dust, smoke, refuse matter, flashing, fumes, gases, vapor or odor are not effectively confined to the lot, or because of noise or vibration perceptible without instruments more than one hundred fifty (150) feet outside the perimeter of the lot or if a residential district is within one hundred fifty (150) feet of the lot, at any point inside such residential district.

c.

The front yard shall be suitably landscaped.

5.

Redemption centers as defined by 204 CMR 3.02 and as established under G.L. ch. 94, sec. 323.

(Code 1965, § 27-33; Ord. No. D71, 7-24-78; Ord. No. D375, 9-28-95; Ord. No. D408, 3-14-97; Ord. No. G059, 1-12-09)

1.

Principal permitted uses.

a.

Any use permitted in the I-1 Zone.

b.

Manufacture of food products, but not the rendering of fats and oils.

c.

The manufacture, assembly, packing or treatment of articles or merchandise from previously prepared materials, except fertilizers.

d.

Distribution plants, parcel delivery and similar service industries.

e.

Glass and textile manufacturers.

f.

Lumber and building material sales and storage yards.

g.

Contractors equipment, sales and service.

h.

Tool, die and pattern making and other machine shop operations.

i.

Bulk storage of petroleum and similar fluids.

j.

Intentionally deleted.

k.

Boat building.

l.

Railroad yards or terminal facilities.

m.

Alternative energy or renewal energy research and development facilities.

n.

Alternative energy or renewal energy manufacturing facilities.

o.

Alternative energy or renewal energy generation, except for biomass.

2.

Permitted accessory uses. Any accessory use permitted in the I-1 Zone.

3.

Permitted special uses. The following special uses are permitted under the provisions of article V pursuant to article VII.

a.

Any special use permitted in the I-1 Zone.

b.

Gasoline stations.

c.

Any extractive industry involving removal of natural resources.

4.

Other required conditions. Same as I-1 Zones, except the distance from residential zones, which is increased to one hundred (100) feet.

(Code 1965, § 27-34; Ord. No. D134, 8-27-81; Ord. No. G058, 1-12-09; Ord. No. G071, § II, 6-28-10; Ord. No. K02, 10-24-16)

1.

Principal permitted uses.

a.

Any use permitted in the I-2 Zone.

b.

Manufacture, processing, assembly, packaging or other industrial operation, subject to building department and health department regulations without limit as to category except for the following which are expressly prohibited:

1.

Acid manufacture;

2.

Cement, lime or gypsum manufacture;

3.

Explosives or fireworks manufacture;

4.

Glue manufactured from animal derivatives;

5.

Incineration or reduction of garbage, offal or dead animals, except such processing as may be conducted by or under contract to the city;

6.

Petroleum refining;

7.

Smelting of mineral ores;

8.

Stockyard or abattoir;

9.

Tire recycling facility.

10.

Power plant/electric power generating plants operated by fossil fuel. Fossil fuel is defined for purposes of this section to mean coal, diesel fuel, or natural gas.

2.

Permitted accessory uses. Any accessory use permitted in the I-2 Zone.

3.

Permitted special uses. The following special uses are permitted, subject to Article V and pursuant to Article VII.

a.

Any special use permitted in the I-2 Zone.

b.

Automobile salvage and wrecking operations, outdoor storage and junk yards.

c.

Adult live entertainment establishment (defined as any establishment which features live entertainment which consists of entertainers engaging in "sexual conduct" or "nudity" as defined in G.L. Ch. 272, Sec. 31). However, no special permit for a special use for an adult live entertainment establishment shall be issued by the board of appeals if the establishment:

1.

Would be located within five hundred (500) feet of land which is used for any church or school; or

2.

Would be located within fifteen hundred (1,500) feet to any residential district; or

3.

Would be located within fifteen hundred (1,500) feet of any establishment licensed under G.L. Ch. 138, Sec. 12; or

4.

Would be located within fifteen hundred (1,500) feet of any other such use establishment as defined herein; or

5.

Has any person with a beneficial interest (as defined G.L., Ch. 138 and regulations promulgated thereunder) in the establishment who has been convicted of violating the provisions of G.L., Ch. 119, Sec. 63 or G.L. Ch. 272, Sec. 28.

4.

Other required conditions. Same as I-2 Zone.

(Code 1965, § 27-35; Ord. No. D383, 4-11-96; Ord. No. E010, 12-12-00; Ord. No. G071, § I, 6-28-10)

The I-4 Salvage Yard Overlay Zone permits the use of land therein for a salvage or junk yard as defined in this section. The applicant shall have the option of applying for site plan approval pursuant to the zoning controls set forth in this section or complying with all applicable dimensional zoning controls set forth in the zoning ordinances of the city for the underlying zoning districts. Development projects proceeding under this section shall be governed solely by the provisions of this section and shall be deemed exempt from the standards and/or procedures of the underlying zoning except for those of Article XV, Site Plan Review. All existing salvage or junk yards existing within the Overlay Zone use and site development shall be grandfathered and not require any approvals except for an expansion of its existing buildings.

1.

Establishment and delineation of Salvage Yard Overlay District. The Salvage Yard Overlay district is an overlay district that is superimposed over the underlying zoning districts. The boundaries of the Salvage Yard Overlay are delineated as the "Salvage Yard Overlay district" on the official zoning map of the city on file in the office of the city clerk, said map hereby made a part of the zoning ordinance.

2.

General requirements. The regulations of this section shall apply only to a salvage or junkyard use, and not to any other use that is allowed or permitted in the I-4 zoning district; all other uses shall be subject to the requirements of the underlying zoning district.

3.

Principal permitted uses.

a)

Any use permitted in an I-3 zone.

b)

Salvage or junkyards. Salvage or junkyards by definition shall mean and include automobile salvage and wrecking operations, outdoor storage and junk yards including the wholesale and retail sale of parts new or used and scrap, open lot storage of junk, scrap, used, wrecked, or junk vehicles, parts, tires, and other similar salvaged articles including petroleum based salvage accessory to wrecking and junking operations, together with the sale of used or salvaged trucks and motor vehicles. Open lot storage shall not exceed thirty (30) feet in height. Storage may be conducted indoors and may contain retail offices for the sale of used or new vehicles, parts new or used, and scrap.

4.

Permitted accessory uses.

a.

Any accessory use permitted in the I-3 Zone.

5.

Standards. The following dimensional standards shall apply to building within the I-4 Salvage Yard Overlay District:

;adv=6
;a.

Multiple buildings shall be allowed on any site within the Overlay Zone that may be connected or have a set back from existing buildings of no less than ten (10) feet.

6.

Parking. Off-street parking and loading for a Salvage Yard shall comply with the following standards and provisions:

a.

Off-street parking spaces shall have a minimum width of nine (9) feet and a minimum depth of eighteen (18) feet, except that when any part of a building column or light pole intrudes into a parking space that space shall have a minimum depth of sixteen (16) feet. There shall be adequate provisions for ingress and egress to all parking spaces. Access drives or driveways shall not be less than twelve (12) feet wide.

7.

Signs. Signs erected and maintained in connection with a salvage yard shall be subject to Sections 27-63, Definitions, 27-64, Enforcement, and 27-68, Maintenance, as those sections exist on the date of enactment of this Section 27-35.1. All existing signs are grandfathered. The following types of signs shall be permitted in connection with a salvage yard.

a.

One (1) freestanding (pylon) sign subject to the following requirements:

(i)

Maximum height—Eighty-five (85) feet.

(ii)

Maximum sign area—Nine hundred (900) square feet per side.

(iii)

Minimum distance from lot lines—Ten (10) feet.

(iv)

Illumination shall be either by a steady, stationary light shielded and directed solely at the sign, by interior, non-exposed lights, or as an electric sign subject to Section 27-32.100(7)d, or a combination thereof.

b.

Wall signs identifying or advertising the salvage yard and uses within the salvage yard, provided that no wall sign shall extend higher than twelve (12) feet above the top of the roof or parapet wall and that no more than fifteen (15) percent of any individual wall facade may be covered with such signs.

c.

The area of a sign shall include all lettering, wording, and accompanying designs and symbols, together with the background on which they are displayed, any frame around the sign, and any "cutouts" or extensions, but shall not include any supporting structure or bracing.

d.

Signs need not be located on the same lot as the identified use, provided that such signs shall be (i) installed pursuant to an easement or license agreement with the owner of the off-site property and (ii) located within the I-4 Salvage Yard Overlay district.

Be it further ordained that the Brockton Zoning Map is hereby amended to designate the Salvage Yard Overlay District as seen on the attached "EXHIBIT A".

(Ord. No. K07, 12-19-16)

(a)

[Authority.] Pursuant to Section 8 of Chapter 150 of the Acts of 2024, Accessory Dwelling Units and 760 CMR 71:00 Protected Use Accessory Dwelling Units, this section shall apply to Protected Accessory Dwelling Units in the City of Brockton.

(b)

Definitions.

Accessory dwelling unit (ADU) - A secondary living space, inclusive of sleeping, cooking and sanitary facilities, located on the same lot of a single-family dwelling, that is not used as a short-term rental.

Attached ADU - An attached ADU is built within the existing single-family dwelling.

Detached ADU - A detached ADU is built as a standalone structure separate from the single-family dwelling.

Bus station - A place where buses start and end their routes.

(c)

Applicability. This ADU section shall only apply to any zoning district in the City of Brockton where single-family residential dwellings are a permitted or an allowable use.

(d)

ADU perimeters. All ADUs shall:

(1)

Comply with the regulations of the Commonwealth of Massachusetts for ADUs under Chapter 150 of the Acts of 2024;

(2)

Be built to the standards of 780 CMR the State Building Code and 527 CMR the State Fire Code; and

(3)

Shall comply with the Brockton City Ordinances.

(e)

Standards—All ADUs. All ADUs shall:

(1)

Require site plan review;

(2)

Maintain a separate entrance, either directly from the outside or through an entry hall or corridor shared with the principal dwelling sufficient to meet the requirement of the state building code for safe egress;

(3)

Any exterior stairs must not be visible from the public way;

(4)

Not be larger in gross floor area than one-half (½) of the gross floor area of the principal dwelling or nine hundred (900) square feet, whichever is smaller;

(5)

Require a separate certificate of occupancy; and

(6)

Shall require one (1) additional parking space if located outside one-half (0.5) miles from a commuter rail station, subway station or bus station.

(f)

Standards—Attached ADUs.

(1)

Attached ADUs shall conform to section 27-20(2).

(2)

Front, rear and side setbacks shall be the same as the required setbacks for principal structures in the zone which the attached ADU is to be placed as required in section 27-9 Table 1 and may not be located closer to the street than the principal structure.

(3)

A ten foot (10') setback from any other accessory structure is required.

(4)

Required lot coverage and green space shall be the same as required in section 27-9 Table 1 and section 27-18.

(5)

The height limitation shall be the same as the requirement for principal structures as stated in section 27-9 Table 1.

(6)

All utilities for attached ADUs must pass through the principal structure.

(g)

Standards—Detached ADUs.

(1)

Detached ADUs shall conform to section 27-20(2).

(2)

Setbacks shall be the same as the required setbacks for principal structures in the zone in which the detached ADU is to be placed as required in section 27-9 Table 1 and may not be located closer to the street than the principal structure.

(3)

A detached ADU shall not be located within ten (10) feet of a principal or accessory structure.

(4)

On corner lots, detached ADUs shall not be located on the side street side between the side street and the required front yard setback line of structures fronting on the side street.

(5)

A detached ADU may only be located on the rear or side of the principal structure.

(6)

Required lot coverage and green space shall be the same as required in section 27-9 Table 1 and section 27-18.

(7)

The height limitation for detached ADUs shall be the same as section 27-9 Table 1.

(8)

Electric utilities for detached ADUs shall be brought to the building based on requirements of the utility provider.

(9)

Water service shall be provided to detached ADUs based on the requirements of the Brockton Department of Public Works.

(10)

Sewer service shall be provided to detached ADUs based on the requirements of the Brockton Department of Public Works.

(Ord. No. 01-30-2025(1), 1-30-25)

CONVERSIONS.

In R-1 Districts.

a.

No conversions are permitted.

In R-2, R-3 Districts.

b.

Conversions are permitted provided that:

1.

There shall be not more than the maximum number of dwelling units than are permitted in the respective districts.

2.

At least one off-street parking space shall be provided for each dwelling unit in the building.

3.

There shall be at least four hundred (400) square feet of habitable dwelling space in each dwelling unit.

4.

There shall be at least one bathroom including bathing, lavatory and toilet facilities in each dwelling unit.

Floodplain, Watershed and Wetlands Protection Zone (subject to the provisions of section 27-3).

1.

Principal permitted uses:

a.

Conservation of water, plants and wildlife.

b.

Legally permitted outdoor recreation not requiring development or landscape alteration in conflict with the purposes of this zone.

c.

Grazing, forestry and other forms of agriculture consistent with the purposes of the zone.

d.

Using land in the district to meet up to sixty (60) percent of the lot area requirements for uses allowed in the underlying zone. The actual development must be confined to the portion of the site (a minimum of forty (40) percent of the total required area) which is outside the floodplain, watershed and wetlands protection district. Thus, in the R-1B thirty thousand (30,000) square foot zone a house may be built on a lot which is partly within the district so long as twelve thousand (12,000) square feet (i.e., forty (40) percent of thirty thousand (30,000) square feet) is outside the district, and the house and related facilities are on that portion of the lot.

e.

Proper operation and maintenance of dams and other water-control devices.

f.

Minor buildings incidental to permitted flood control, recreation, agricultural uses and not exceeding two hundred (200) square feet in ground coverage.

2.

Permitted Accessory Uses:

a.

Accessory uses and buildings customarily appurtenant to the principal permitted uses.

3.

Permitted special uses. The following are permitted, subject to Article V pursuant to Article VII, if consistent with the purposes of the zone:

a.

Developed recreation facilities.

b.

Utility lines and facilities.

c.

Temporary storage of vehicles and equipment required by construction, carnivals or other short-term activities.

d.

Dams and other water storage facilities if part of an authorized plan by public agency or if built to create ponds for recreational or agricultural use.

e.

Buildings incidental to permitted flood control, recreation, agricultural use, exceeding two hundred (200) square feet in ground coverage, if constructed so as to not obstruct and/or alter natural hydrological features.

f.

Boardwalks.

4.

Federal flood plain district and floodway development regulations:

a.

The following requirements apply in the Flood Plain District in addition to the provisions of sections 27-3 and 27-36:

1.

Within Zone A, where the base flood elevation is not provided on the FIRM, the applicant shall produce any already existing, reasonable, base flood elevation data and it shall be used to meet the requirements of the state building code.

2.

Water and sewer facilities to be located in the flood plain district shall comply with the following:

a.

New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system, and

b.

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters.

3.

In a riverine situation, the conservation commission shall notify the following of any alteration or relocation of a watercourse:

a.

Adjacent communities.

b.

NFIP State Coordinator, Massachusetts Department of Conservation and Recreation, or successor, having a current address of:

251 Causeway Street, Suite 600-700

Boston, MA 02114-2104

c.

NFIP Program Specialist, Federal Emergency Management Agency, Region I, or successor, having a current address of:

99 High Street, 6th Floor

Boston, MA 02110

4.

The Floodplain District is established as an overlay district to all other districts. All development in the district, including structural and non-structural activities, whether permitted by right or by special permit must be in compliance with Chapter 131, Section 40 of the Massachusetts General Laws and with the following:

a.

Sections of the Massachusetts State Building Code (780 CMR) which address floodplain and coastal high hazard areas;

b.

Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00);

c.

Inland Wetlands Restriction, DEP (currently 310 CMR 13.00);

d.

Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5);

Any variances from the provisions and requirements of the above referenced state regulations may only be granted in accordance with the required variance procedures of these state regulations.

5.

All subdivision proposals must be designed to assure that:

a.

Such proposals minimize flood damage;

b.

All public utilities and facilities are located and constructed to minimize or eliminate flood damage; and

c.

Adequate drainage is provided to reduce exposure to flood hazards.

b.

In the floodway, designated on the Flood Insurance Rate Map, the following provisions shall apply:

1.

Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided by the applicant demonstrating that encroachments shall not result in any increase in flood level during the occurrence of the one hundred-year flood.

2.

If Section 4.b.1 above is satisfied, all new construction and substantial improvements shall comply with all provisions of the state building code.

3.

In Zones A and AE, along watercourses that have not had a regulatory floodway designated, the best available Federal, State, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

5.

Prohibited uses:

a.

Dumping, filling, excavating or transferring of any material that will reduce the natural water storage capacity, or interfere with the natural drainage pattern of any watercourse, or otherwise affect the natural hydrology of the area.

b.

Erection, construction, alteration, addition or other creation or installation of any building, wall, dam or other structure, except as where otherwise provided.

c.

Dumping of waste material.

d.

Any permanent and/or temporary storage of buoyant, flammable, toxic or explosive materials in the floodplain.

e.

Development of a private well for water supply in a floodplain except for irrigation purposes.

f.

The construction of an individual on-site sewage disposal system in the floodplain.

6.

Special provisions:

a.

The board of appeals may grant special permits allowing uses permitted in the basic zone and prohibited in this zone, subject to reasonable conditions and safeguards, if the board finds that:

(1)

The land is not subject to flooding nor unsuitable for the proposed use due to hydrological or topographic reasons, and

(2)

That the proposed action is consistent with the purposes of this ordinance, and

(3)

That the proposed action is the minimum necessary considering the flood hazard to afford relief, and

(4)

That the proposed action, if on a lot of one-half acre or less and is otherwise permitted by this ordinance, is contiguous to and surrounded by lots with existing structures constructed below the base flood level.

b.

The application for a special permit for an exception shall include a plan prepared and certified by a registered professional engineer or a registered landscape architect or a registered land surveyor. This plan will show all proposed and existing buildings, structures, roads, ways, drainage facilities, and landscape features (including wetlands, trees and the like). The plan will show all existing and proposed finished ground contours at two-foot intervals or at other intervals as the board may require.

c.

The application for an exception shall also include an environmental assessment review prepared by an environmentally qualified person acceptable to the board. This statement will describe the impact upon the physical environment of the proposed use.

d.

The board of appeals may waive the requirements of paragraphs b and/or c where it determines that the probable impact upon the physical environment of the proposed use is minimal and that the technical data of a plan and/or environmental assessment review is not necessary to its consideration of the application. Because of the substantial scope, substance and impact of such projects, a waiver will not be granted where the proposed use involves a subdivision of land pursuant to section 81K-81GG of Chapter 41 of the General Laws, construction of multiple-family housing; or business, industrial, transportation or institutional uses.

e.

The applicant shall provide the board with an original and eight (8) copies of any plan and/or environmental assessment review required under paragraphs b and c above. Upon receipt of the filing, the board of appeals will forward one copy of each document to the inspector of buildings, the highway, sewer and water divisions of the department of public works, the planning office, planning board, the health department and the conservation commission. These agencies may file written recommendations with the board of appeals within fourteen (14) days of the filing date. Nonresponse will be deemed to indicate the absence of any objection or of any strong concern. The board of appeals shall not render a decision or an application for an exception until these recommendations have been received or until expiration of said fourteen-day period.

f.

If a special permit is granted the zoning board of appeals shall notify the applicant in writing that:

(1)

The issuance of such a special permit to construct a structure below the base flood elevation will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage, and

(2)

Such construction below the base flood level increases risks to life and property.

The board of appeals will maintain a record of all special permit (or variance) actions, including justification for their issuance and report such special permits (or variances) issued in the annual report submitted to the federal insurance administration.

NONDWELLING STRUCTURES. No commercial or manufacturing structure originally designed for other than residential use shall be converted to a dwelling structure unless such structure is in an R-3 District and conforms to all provisions of subsection b, above.

(Code 1965, § 27-36; Ord. No. D90, 2-28-79; Ord. No. H09b, § II, 7-9-12)