The purpose of supplementary regulations is to set specific conditions and dimensional criteria for various uses or areas, where the general regulations are not applicable, and to set standards for the granting of special use permits. Where the provisions of this section may conflict with those in Section 604 Conant Thread District, the provisions for Section 604 shall govern.

(Ord. of 10-16-2019(2), § 4)

Accessory uses are uses which are clearly incidental to and customarily associated with the principal use and shall be operated and maintained under the same ownership and on the same lot as the principal use and shall include, but not necessarily be limited to, private garages, home occupations, swimming pools, and accessory parking. Accessory uses are subject to all the requirements of this ordinance, except as provided herein.

501.1 - Accessory uses in R zones.

A)

No accessory use, other than required off-street parking and a private garage, shall be located on any lot having an area of less than 5,000 square feet.

B)

Accessory uses or any combination of such uses may be included in an accessory building of one or two stories, and no more than 20 feet in height and may occupy no more than 50 percent of the area of a rear yard.

C)

No accessory buildings or structures shall be permitted between the front of a main structure and the street.

D)

Within any R zone, where an existing principal structure is less than 20 feet from the lot line, an accessory building shall not be located less than ten feet from any existing principal or accessory structure on an adjacent or contiguous lot if the proposed accessory structure is one story or shall not be located less than 20 feet from an existing principal or accessory structure on an adjacent or contiguous lot if the proposed accessory structure is two stories.

E)

Where a yard abuts upon a public right-of-way no accessory building shall be erected within 18 feet of such public right-of-way if it contains a garage that is accessible from said street.

F)

A detached garage or shed may be located in the required rear yard but not less than five feet from the rear lot line. A detached garage located within a rear yard may have its driveway within the required side yard.

G)

A garage attached to the main building or structure shall maintain the side yard and rear yard setback requirements as specified in article IV for the zone in which it is located. Such garage shall be no more than one story or 14 feet in height and 24 feet in depth.

H)

A private garage or shed may be used to store vehicles, boats, recreational vehicles or similar equipment owned by the occupant. Storage or parking of tractor-trailers is prohibited in R zones. No recreational vehicle shall be used for residential occupancy. No recreational vehicle shall be stored for a period in excess of one year unless it is in a condition for safe and effective performance of the function for which it is intended.

501.2 - Accessory buildings and uses in C and M zones. Accessory buildings which contain 2,500 square feet or less of gross floor area shall only include a garage for the exclusive use of the owner and customer(s) or the storage of commercial vehicles. Accessory buildings exceeding 2,500 square feet of gross floor area are permitted to contain any accessory use which is incidental and customary to the main use, including a garage or storage building. All such buildings shall be on the same lot as the main use. Any accessory building or structure in a C or M zone that abuts an R zone shall have a setback of 20 feet from the property line of the abutting R zone.

501.3 - Accessory manufacturing uses in C-1 and C-2 zones. Incidental manufacturing uses to any permitted use are allowed in C-1 and C-2 zones provided such manufacturing uses are performed on the same lot as the main use; are clearly incidental and customary to the main use being performed on the premises; and all such products produced on the lot are sold on the premises. A maximum of 25 percent of the gross floor area of the permitted use may be devoted to manufacturing, compounding, processing or treatment of products, or to catering, cleaning, laundering, plumbing, upholstering and the like.

502.1 - Screening of trash containers and dumpsters. All commercial and industrial uses, and residential uses of four families or more, shall provide trash and/or garbage collection areas or dumpsters enclosed on at least three sides by a solid wall, opaque fence or compact planting screen of at least five feet in height, if such area is not within an enclosed building or structure. In order to provide adequate vehicular access to and from dumpsters, there shall be a minimum clearance of nine feet between any such dumpster and any principal structure.

502.2 - Screening of on-ground utilities. Utility structures, substations, telephone exchange substations, dish antennas and similar uses shall be enclosed on at least three sides by a vegetative screen of hardy evergreens or shrubs at least three feet high at time of planting and which shall be sufficient to effectively provide a visual screen from adjacent R zones.

502.3 - Location of dumpsters in R zones. Dumpsters in R zones shall not be located in front yards except as permitted by the board as a special use permit as provided in section 514.14.

Automobile service stations shall be permitted only when the following requirements are met:

503.1 - Lot requirements:

A)

Minimum lot size shall be 10,000 square feet.

B)

Minimum lot depth shall be 100 feet.

C)

Minimum lot width and frontage shall be 100 feet.

503.2 - Requirements for service station buildings:

A)

Minimum setback from all street lines shall be 40 feet.

B)

Minimum setback from all interior lot lines shall be 20 feet.

503.3 - Requirements for driveways:

A)

Minimum distance between access driveways shall be 20 feet.

B)

Maximum width for curb cuts shall be 25 feet.

503.4 - Requirements for other structures:

A)

Minimum distance between pump islands, compressed air connections and similar equipment and any street or property lines shall be 20 feet.

B)

Minimum distance between the canopy and the street line shall be 12 feet.

C)

Minimum distance between any canopy and any interior lot line shall be 20 feet.

503.5 - Requirements for underground tanks:

A)

Maximum storage capacity for petroleum products shall be 42,000 gallons.

B)

Minimum separation distance required between underground tanks, adjoining buildings and property lines shall be ten feet. Service station buildings are exempt from the separation distance requirement if there are no basements or pits that extend below the top of any tank within the separation distance.

503.6 - Requirements for repairing and washing vehicles: Repairing shall be limited to minor repair work, such as tire or tube repairing, battery changing, lubrication, engine tune ups and similar type work, and must be conducted wholly within a building. Repair work shall not include replacement of engines, replacement of transmissions, or any body work. Storage of all merchandise, auto parts and supplies shall be conducted wholly within a building. If washing of vehicles occurs inside or outside a building, the entire washing area shall be paved and all the water used in such washing shall be properly drained on-site with no runoff onto the public right-of-way. All outdoor activities shall be screened from adjoining R zones by a four-foot-high compact evergreen screen or tight board fence.

All auto service stations, new and used car dealerships, recreational vehicle dealerships, garage repair shops, auto body shops, car washes, storage of vehicles, and similar types of uses shall meet the following requirements:

504.1 - Overnight outside storage. Overnight outside storage of any vehicles intended to be repaired shall be limited to one vehicle for every 500 square feet of lot area.

504.2. Storage of junk vehicles. Storage of any junk vehicles shall not be permitted unless said vehicles are kept within an area that is completely enclosed on all sides by a six-foot-high tight board fence or a similar type of screening. Said vehicles shall be deemed as stored vehicles, limited under section 504.1.

Except in an R zone, outdoor displays are permitted up to ten percent of the gross floor area of a commercial establishment. Such outdoor display shall be located on the same lot as the main use or may be located on the adjoining city sidewalk only with the appropriate city permits and/or licenses. No additional parking shall be required for such additional area, provided existing parking is not reduced. The goods displayed shall be removed at the end of each business day.

506.1 - Roof structures permitted above maximum height.

A.

The following roof structures are permitted above the maximum height as specified in this ordinance, provided that the total area of all such appurtenances is not more than one-third of the total roof area of the building:

(1)

Structures for the housing of elevators and elevator shafts,

(2)

Stairways,

(3)

Fire or parapet walls,

(4)

Skylights,

(5)

Towers, and

(6)

Steeples.

B.

The following roof structures are permitted above the maximum height as specified in this ordinance, provided that the total area of all such appurtenances is not more than one-third of the total roof area of the building, and provided that such features shall be set back from the edge of the roof a minimum distance of one foot for every two feet by which they extend above the roof:

(1)

Heating and air-conditioning equipment,

(2)

Ventilating fans,

(3)

Storage tanks for water,

(4)

Television, radio or satellite dish antennas or masts,

(5)

Chimneys or roof-mounted smokestacks,

(6)

Roof-mounted flagpoles, and

(7)

Similar equipment required to operate and maintain a building.

No such roof structure as set forth in this subsection B. shall exceed the maximum height for the zone in which it is located, except by the amounts allowed herein:

(1)

Buildings from one to six stories: Ten feet.

(2)

Buildings exceeding six stories: Ten feet plus one foot per story above the sixth story to a maximum total of 20 feet.

C.

Solar collectors are permitted above the maximum height as specified in this ordinance provided that they are set back 3 feet from the edge of the roof and there is a parapet wall on all sides of the roof.

(Ord. of 10-26-2022(1), § 1, 10-26-2022)

No required yard or other open space around an existing building, or which is hereafter provided around any building for the purpose of complying with the provisions of this ordinance, shall be considered as providing a yard or open space for any other building; nor shall any yard or other required open space on an adjoining lot be considered as providing yard or open space on a lot whereon a building is to be erected.

508.1 - Averaging setbacks. The minimum required front yard of any lot proposed to be built on may equal the average of the actual front yards, lawfully established on lots wholly or partially within 100 feet in both directions, on both sides of the same street.

508.2 - Through lots. At each end of a through lot there shall be a front yard of the depth required by this ordinance for the zone in which each street frontage is located. However, in all R zones, one of these front yards may serve as a required rear yard.

508.3 - Corner lots. On a corner lot in an R zone, all yards fronting on intersecting streets shall meet the required front yard setbacks.

For the purpose of side yard regulations, any dwellings which occupy a single lot but have a common party wall shall be considered as one building. (For example, two-family detached dwellings or row dwellings).

510.1 - Cornice, sill or chimney. A cornice, eave, belt course, sill, canopy or other similar architectural feature (not including bay window or other vertical projection) may extend or project into a required side yard not more than four inches for each 16 inches of width of such side yard and may extend or project into a required front, side, or rear yard not more than 30 inches. Chimneys may project into a required front, side, or rear yard not more than 16 inches provided the width of such side yard is not reduced to less than four feet.

510.2 - Fire escape. A fire escape may extend or project into any required front, side or rear yard not more than four feet.

510.3 - Open stairway, balcony or porch. An open, unenclosed stairway, balcony, porch, deck, platform or landing place, which, except for the roof, does not extend above the level of the first floor of the building may extend or project into any required front yard not more than six feet, and into any required side yard six feet, but in no case closer than four feet to the side or rear lot line. This provision does not apply to handicapped access ramps.

Every building hereafter erected shall be located on a lot as herein defined. In no case shall there be more than one main residential building and up to two accessory buildings on one lot. The only exception to this is a multi-household dwelling and/or a condominium development with four or more living units which may be housed in multiple structures.

(Ord. of 10-26-2022(1), § 1, 10-26-2022)

In any triangle formed by the street lines intersecting at an angle of 100 degrees or less, there shall be a corner setback of 15 feet from the point of intersection, wherein no building or structures may be erected, no parking areas or entrances may be created and no vegetation or fencing may be maintained above the height of 3½ feet above the plane of the curb grades. Notwithstanding the provisions of this section, poles not exceeding eight inches in outside diameter designed for the support of lights and signs may be erected in this triangle.

All fences shall be constructed of manufactured metal, wood, masonry or other approved fencing material. A hedge composed of plant material adjacent to the fence may be used but shall be in conformity with the maximum height requirements of this section.

Sec. 513.1 - Repair and condition. All fences shall be maintained in good condition, be structurally sound, be wholly intact and be free from insect infestation.

Sec. 513.2 - Maximum height. The maximum height of fences by zoning district shall be as follows:

Sec. 513.3 - Technical review requirement. Fencing in areas zoned R1, R2, R3 and CD are required to have a technical review by the zoning official for compatibility with the character of the commercial or residential area.

Sec. 513.4 - Fencing at driveway entrances and exits. At driveway entrances and exits, a reduction of all closed or open fences to a (4) foot height for a distance of (8) feet from the driveway entrance/exit property line is required for safety and visibility of persons backing out of the driveway.

Sec. 513.5 - Barbed wire and razor wire prohibited. The use of barbed wire and razor wire shall be prohibited in all zones except for a prison or correctional institution or except as permitted by the board as a special use permit as provided in section 514.12.

The following special uses are permitted upon approval by the board, in accordance with article IX.

514.1 - Boarding. The board may permit that up to two rooms may be rented with or without meals within any dwelling unit provided more than 50 percent of the habitable space is occupied by the family occupying the dwelling unit, and provided no more than one person may occupy any one of said rooms.

514.2 - Accessory manufacturing. Within C zones, manufacturing, compounding, processing, catering, cleaning, laundering, plumbing, or treatment of products and similar uses which are clearly incidental and essential to a retail use and which exceed the provisions of section 501.3 may be permitted by the board, provided such uses, operations or products shall not be objectionable due to odor, dust, smoke, noise, vibration or other similar causes.

514.3 - Alterations in an R-1 zone. A building, in existence prior to the enactment of this ordinance, in an R-1 zone may be permitted to be altered to accommodate two or more dwelling units provided that: the total number of dwelling units does not exceed one dwelling unit for every 5,000 square feet of lot area; the building is not increased in height or floor area; and all other provisions of this ordinance (including parking) relative to residential use are met.

514.4 - Change in nonconforming use.

A)

Nonresidential zones. Within any nonresidential zone, a nonconforming use may be changed to a different nonconforming use by special permit. In considering an application for a special use permit to change to a different nonconforming use, the board shall find that the new use will be less nonconforming and less disruptive of the neighborhood land use pattern. A nonconforming use changed to a different nonconforming use by a special use permit may not be changed to another nonconforming use without the granting of another special use permit.

B)

Residential zones. Within any residential zone, a nonconforming use may be changed to a different use which is allowed by special use permit in that zone. In considering the application, the board shall consider any conditions required for the granting of that special use permit.

514.5 - Parking R zones. Off-street automobile parking lots may be established by special use permit to support off-street parking requirements of residential uses in areas where the board finds that there is a need for such additional facilities or where required off-street parking cannot be satisfied on the lot in which such residential uses are located. Such lots shall be developed and maintained as required by article VIII of this ordinance, and subject to such further conditions as may be imposed by the board.

514.6 - Off-site parking. The board may permit off-street parking on other off-site lots in any district provided that such off-site parking is reasonably and safely accessible from the principal use, either by pedestrians or other means such as tram and/or shuttle service.

514.7 - Reduction in required lot area. The board may permit the lot area per dwelling unit to be reduced to 80 percent of the minimum area specified in this ordinance if, and only if, parking, the use of the building, and the building height are all in conformance with the requirements of this ordinance.

514.8 - Maximum lot coverage. The board may allow an additional ten percent lot coverage above the maximum lot coverage specified in this ordinance if, and only if, parking is provided in accordance with (section on parking) [article VIII] and the use of the building is in conformance with article III.

514.9 - Maximum height in R zones. The board may, by special use permit, allow an increase in the maximum height to three stories, not to exceed 40 feet, provided that the use of [the] building is in conformance with article III and provided that each side yard must be increased by one foot for every three feet in height over two stories or 30 feet.

514.10 - Shared parking. The board may allow shared parking, provided that (1) the type of structures or uses indicate that the period of usage of such structures or use will not be simultaneous (e.g., a church with Sunday services together with a business that is closed on Sundays), and (2) neither use may be a residential use except in a mixed use development with 20 or more residential units.

To be considered for zoning relief shared parking must be according to a parking plan that is legally incorporated into ownership and tenant agreements of principal users.

The following table defines the percent of the minimum parking required by use group during each time period for the purposes of defining a shared parking plan.

514.11 - Shared driveway. The board may allow a shared driveway between two lots provided that each lot contains not more than four pre-existing dwelling units. Shared driveways are not allowed for new construction in R zones.

514.12 - Barbed wire fences. The board may permit barbed wire fences only where the applicant has demonstrated that it is required for public safety purposes.

514.13 - Shared access. The board may allow two abutting owners to combine yards to permit unobstructed access as described in section 402.1(G).

514.14 - Dumpster in front yard. The board may allow a dumpster in a screened area in a front yard when pre-existing conditions prevent the dumpster from being otherwise located. The dumpster must be located such it does not obstruct the sidewalk or otherwise create a safety hazard and or create a nuisance.

State Law reference— Special use permits, G.L. 1956, § 45-24-42.