Dedham City Zoning Code
ARTICLE XII
Arts Overlay District AOD
§ 280-12.1 Purpose.
The Arts Overlay District (AOD) is established to encourage the development, preservation, and enhancement of Arts-Related Uses, particularly within East Dedham. The district shall preserve and enhance the area as a center for a variety of retail, business services, housing, and office uses, and promote strong pedestrian character and scale throughout the district.
§ 280-12.2 AOD Boundaries.
The boundaries of the AOD are depicted on the Zoning Map on file with the Town Clerk.
§ 280-12.3 Applicability.
The provisions of the Arts Overlay District (AOD) shall apply to all land within the AOD. Any matter not addressed herein shall be governed by the Single Residence B, General Residence, General Business, and Limited Manufacturing A provisions of the Zoning Bylaw. To the extent of any inconsistency between the provisions of the AOD and any other provisions of the Dedham Zoning Bylaw, the provision of the AOD shall govern. Uses allowed by right in the Single Residence B, General Residence, General Business, and Limited Manufacturing A shall also be allowed by right in the AOD.
§ 280-12.4 Use regulation.
A.
Where a use in the AOD triggers site plan review, the Planning Board shall review the project in accordance with § 280-9.5 Site Plan Review of the Dedham Zoning Bylaw.
B.
Where a use in the AOD requires a Special Permit, the Planning Board shall be the Special Permit Granting Authority and follow the procedures of M.G.L. Chapter 40A.
C.
A Special Permit shall be granted by the Planning Board, unless otherwise specified herein, only upon its written determination that the adverse effects of the proposed use will not outweigh its beneficial impacts to the town or the neighborhood, in view of the particular characteristics of the site, and of the proposal in relation to that site. In addition to any specific factors that may be set forth in this Bylaw, the determination shall include consideration of each of the following:
(1)
Social, economic, or community needs which are served by the proposal;
(2)
Traffic flow and safety, including parking and loading;
(3)
Adequacy of utilities and other public services;
(4)
Neighborhood character and social structures;
(5)
Impacts on the natural environment;
(6)
Potential fiscal impact, including impact on town services, tax base, and employment.
§ 280-12.5 Arts-related definitions.
The production of art or create work either written, composed, created, or executed by a craftsperson, visual artist, musician, photographer, sculptor, woodworker, digital media, literature, illustrator, printmaker, fabric artist, and culinary artist. Such use may include the fine and applied arts including painting or other like picture, traditional and fine crafts, sculpture, food, writing, print, motion picture production, creating animation, the composition of music, choreography studio, and the performing art studio.
A facility containing an Art Center and one or more additional uses such as full service restaurant, community space open to the general public for community activities, events, and other similar community activities not associated with the arts.
A facility where creative arts are produced, exhibited, performed, taught, and sold such as drawing, painting, music, sculpture, metal and woodworker, culinary arts, printmaking, ceramics, digital media and broadcasting, textiles, fabric art, performance and dance, literature, illustration, industrial art which includes art gallery, art school, artist studio, concert hall, dinner theatre, live theatre, movie theatre with seating capacity of not more than 100, museum, retail sales of goods and services, provided the facility is operated in a unified way under one management.
The use of any portion of a dwelling or building accessory thereto as an office, studio, or workroom for architect, landscape architect, industrial designer, craftsperson, visual artist, musician, photographer, sculptor, woodworker, digital media, literature, illustrator by a person who owns the premises, provided that:
Such use is clearly incidental and secondary to the use of the premises as a dwelling.
Not more than two persons other than residents of the premises regularly provided aid[1] services in connection with such use.
Commodity or service can be sold or provided to another person who is not on the premises, provided the space is less than 100 square feet.
No offensive noise, traffic, vibration, smoke, dust, odor, heat, or glare is produced as a result of the home occupation.
There is no exterior display or exterior sign except as permitted under the Town of Dedham Sign Code.
There is no exterior storage of materials or equipment, and no other exterior indication of such use or variation from the residential character of the premises.
All parking for such home occupation, other than for residents of the premises, shall be provided off street. Adequate off-street parking shall be provided in accordance with the provisions of the Zoning Bylaw.
Such use has been approved in writing by the Building Commissioner.
An establishment for the preparation, manufacturing, production, display, and sale of individually crafted artwork, jewelry, furniture, sculpture, pottery, leathercraft, hand-woven articles, and related items of unique artistic works.
An establishment for the preparation, manufacturing, production, display, and sale of individually crafted artwork, jewelry, furniture, sculpture, pottery, leathercraft, hand-woven articles, and related items of unique artistic works. Such manufacturing shall not be of mass-production or assembly line nature, and will be consistent with an artisan or craftsman custom producing individual items. The maximum amount of space for this use shall be 2,000 square feet or less.
[1]
Editor's Note: So in original; should be "paid."
§ 280-12.6 Dimensional requirements.
The following dimensional requirements shall govern within the AOD for the uses listed in the Table of Dimensional Requirements for the AOD. Within the AOD, these requirements shall supersede any contrary or inconsistent requirements in the Zoning Bylaw including, but not limited to, the requirements set forth in Article IV. Except as set forth below, the dimensional requirements (Table 2)[1] shall continue to apply to other uses allowed in the Single Residence B, General Residence, General Business, and Limited Manufacturing A.
Table 10 - Table of Dimensional Requirements - Arts Overlay District | ||||||
|---|---|---|---|---|---|---|
Use | Area (square feet) | Frontage (feet) | Front Setback (feet) | Side Setback (feet) | Rear Setback (feet) | Floor Area Ratio (FAR) |
Art Center | N/A | N/A | 0 | N/A | N/A | 0.5 |
Art and Community Center | 120,000 | 200 | 25 | 15 | 15 | 0.5 |
Artist in combination with dwelling units | 16,000 | 50 | 0 | N/A | N/A | .5 |
Artist | N/A | N/A | 0 | 10 | 10 | .5 |
Specialty artistic manufacturing/production (small) | N/A | N/A | 0 | 10 | 10 | 0.5 |
Specialty artistic manufacturing/production | N/A | N/A | 0 | 15 | 15 | 0.5 |
Notes to Table: | |
|---|---|
1. | More than one principal building is allowed on the same lot, whether characterized as residential or nonresidential. |
2. | Buildings may be connected across internal lot lines within the AOD. |
[1]
Editor's Note: Table 2 is included as an attachment to this chapter.
§ 280-12.7 Table of allowable uses.
Table 11 - Table of Allowable Uses Arts Overlay District | |||||
|---|---|---|---|---|---|
Principal Use | Arts Overlay District | ||||
SRB | GR | GB | LMA | ||
RESIDENTIAL USES | |||||
1. Creative Art, Home Occupation | Yes | Yes | Yes | Yes | |
2. Building containing 3 dwelling units in combination with artist | No | No | Yes | SP | |
EXEMPT AND INSTITUTIONAL USES | |||||
1. Art Center | No | No | SP | SP | |
2. Art and Community Center | No | No | SP | No | |
COMMERCIAL USES | |||||
1. Artist | No | No | Yes | Yes | |
MANUFACTURING AND PROCESSING USES | |||||
1. | Specialty artistic manufacturing/production, small | No | No | SP | SP |
2. | Specialty artistic manufacturing/production | No | No | No | SP |
§ 280-12.8 Landscaping and screening requirements.
A.
All outdoor refuse collection and loading areas shall be screened from adjoining streets and abutting residential properties by a visually impermeable six-foot high landscape or fence, or through use of appropriate landscaping, unless enclosed by building walls.
B.
All parking areas shall be screened from abutting properties and from adjoining streets.
C.
Buffer. Unless already planted in its natural state, a five-foot buffer shall be provided along the property boundary that abuts a residential property. The buffer shall be landscaped as follows:
(1)
Materials. Plant materials characterized by dense growth, which will form an effective year-round screen shall be planted to form the screen. Screening shall consist of natural materials. To the extent practical, existing trees and vegetation shall be retained and used to satisfy the provisions of this section.
(2)
Height. Natural screening shall be at least five feet in height when planted. Height shall be measured from the finished grade.
D.
Except for access driveways, sidewalks, and paths, only landscaping shall be allowed in the landscape buffer.
E.
Parking lot interior landscaping. Trees and shrubs shall also be preserved or planted in the interior of the parking lot (defined as the spaced enclosing the parking spaces, maneuvering areas, and aisles) so that such landscaped space shall compromise not less than 10% of the paved parking area. One tree per 10 parking spaces shall be required that are a minimum caliper size of three inches at the time of planting, as measured by the American Nursery and Landscape Association ANSI Z60.1 Standard (Nursery Stock). This interior landscaped area shall not include the landscaping provided in the frontage strip. Trees and shrubs shall be planted in the landscaped rounding between the end of a row of parking and the curved wedge-shaped spaces. Where the landscaping area is not large enough for a tree, shrubs and/or perennials shall be planted instead. Shrubs to be planted shall be of at least two to 2.5 feet in height. The distance from a shrub or other vegetation to a paved area shall be at least two feet. Landscaping that is less than two feet from the paved area shall not block the line of sight. Other unpaved areas on the lot shall be suitably landscaped with trees, grass, hedges, occasional trees, and flower beds or benches and ornamental structures.
F.
Where soil conditions, lot shape, topography, architectural, or structural conditions make literal compliance with the terms of this § 280-12.8 impracticable or infeasible, the Planning Board may approve a site plan showing alternative means of complying with the objectives of this § 280-12.8, and may allow the use of ground cover and ornamental screening or buffers, as long as such action is in the public interest and not inconsistent with the intent and purpose of this § 280-12.8. In these instances, the Planning Board shall make detailed written findings of:
§ 280-12.9 Required parking.
A.
The following required parking shall govern within the AOD for the uses listed in the Table of Required Parking for the AOD. Within the AOD, these requirements shall supersede any contrary or inconsistent requirements in the Zoning Bylaw including, but not limited to, the requirements set forth in § 280-5.1D Required Parking Spaces Table 3. Except as set forth below, the parking requirements (Table 3)[1] shall continue to apply to other uses allowed in the Single Residence B, General Residence, General Business, and Limited Manufacturing A.
[1]
Editor's Note: Table 3 is included as an attachment to this chapter.
B.
Required parking table.
Table 12 - Table of Required Parking Arts Overlay District | |
|---|---|
Principal Use | Number of Parking Spaces |
RESIDENTIAL USES | |
Building containing 3 dwelling units in combination with artist | 1.5 parking spaces per dwelling unit plus 1 parking space per every 250 square feet of gross floor area of nonresidential space |
EXEMPT AND INSTITUTIONAL USES | |
Art Center | 1 parking space per 3 occupants according to occupancy rate under the Massachusetts State Building Code, plus 1 parking space per 300 square feet of gross floor area for other space not used for assembly. |
Art and Community Center | 1 parking space per 3 occupants according to occupancy rate under the Massachusetts State Building Code, plus 1 parking space per 300 square feet of gross floor area for other space not used for assembly. |
COMMERCIAL USES | |
Artist | 1 parking space per every 250 square feet of gross floor area |
MANUFACTURING AND PROCESSING USES | |
Specialty artistic manufacturing/production, small | 1 parking space per 1,000 square feet of gross floor area or 1 parking space for each 3 employees on largest shift, whichever is greater |
Specialty artistic manufacturing/production | 1 parking space per 1,000 square feet of gross floor area or 1 parking space for each 3 employees on largest shift, whichever is greater |
C.
Alternative parking. The Planning Board may grant a modification of any provision of this § 280-12.9 provided that such waiver shall not cause substantial detriment to public safety. In granting a waiver, the Planning Board may require as a condition of approval the use of mitigating measures such as carpools, shuttles from an off-site lot, assigned employee parking spaces with reduced stall dimensions, or the designation of compact car parking spaces with reduced dimensions. In these instances, the Planning Board shall make detailed written findings of:
§ 280-12.10 Modification of landscaping and parking standards.
Where soil conditions, lot shape, topography, architectural or structural conditions make literal compliance with the terms of § 280-12.8 or § 280-12.9 impracticable or infeasible, the Planning Board may approve a site plan showing alternative means of complying with the objectives of this Bylaw, and may allow the use of alternative land-scaping, buffers, or parking, provided it determines that such alternatives to be in the public interest and not inconsistent with the intent and purpose of this Bylaw. For any modification, the Planning Board shall make detailed written findings of:
A.
Specific conditions that render literal compliance with the terms of this Bylaw impracticable or infeasible.
B.
The specific alternative means of complying with the terms of this Bylaw.
C.
An analysis of the manner in which the modification is in the public interest and not inconsistent with the intent and purposes of this Bylaw.