Easton City Zoning Code
ARTICLE VII
Special Regulations
§ 235-31 Adult entertainment establishments.
[Amended 5-15-2017 ATM by Art. 29]
A.
Purpose. It is the purpose of this section governing Adult Entertainment Establishments to address and mitigate the secondary effects of Adult Entertainment Establishments and sexually oriented businesses that are referenced and defined herein. Secondary effects have been shown to include increased crime, adverse impacts on public health, adverse impacts on the business climate of the Town, adverse impacts on the property values of residential and commercial properties, and adverse impacts on the quality of life in the Town. All of said secondary impacts are adverse to the health, safety and general welfare of the Town and its inhabitants.
(1)
The provisions of this section have neither the purpose nor intent of imposing a limitation on the content of any communicative matter or materials, including sexually oriented matter or materials. Similarly, it is not the purpose or intent of this section to restrict or deny access by adults to Adult Entertainment Establishments or to sexually oriented matter or materials that are protected by the Constitution of the United States of America or of the Commonwealth of Massachusetts, nor to restrict or deny rights that distributors or exhibitors of such matter or materials may have to sell, rent, distribute or exhibit such matter or materials. Neither is it the purpose or intent of this section to legalize the sale, rental, distribution or exhibition of obscene or other illegal matter or materials.
B.
Authority. This section is enacted pursuant to MGL Chapter 40A and pursuant to the Massachusetts Constitution to serve the compelling Town interests of limiting the location of and preventing the clustering and concentration of certain Adult Entertainment Establishments for the reasons set forth, above.
C.
Applicability. An Adult Entertainment Establishment shall be permitted as set forth in the Table of Use Regulations by special permit by the Board of Appeals when the Board determines that the requirements of §§ 235-55 and 235-56, excepting § 235-56B(2) and (4), have been met, and provided further that conditions imposed under § 235-56D shall be limited to conditions that are both content-neutral and the least-restrictive means available of regulating the proposed facility.
D.
Location. Adult Entertainment Establishments may not be located less than 750 feet from:
(1)
Each other;
(2)
Residential uses;
(3)
Public or private nursery schools;
(4)
Public or private day care centers;
(5)
Public or private kindergartens;
(6)
Public or private elementary schools;
(7)
Public or private secondary schools;
(8)
Playgrounds; and
(9)
Churches, temples or other places of worship.
E.
Conditions.
(1)
In no instance shall the Board of Appeals issue a special permit to any person convicted or violating MGL c. 119, § 63 or MGL c. 272, § 28.
(2)
No pictures, publications, electronic media, or other implements, items, or advertising that fall within the definition of adult merchandise shall be displayed in store windows or be visible from areas used by the general public.
§ 235-32 Common driveways.
A.
General. Common driveways providing actual access to not more than three lots may be allowed by special permit by the Planning & Zoning Board.
B.
Design Standards and Criteria. A common driveway must satisfy all of the following conditions:
(1)
The distance of the common driveway measured from the street line to the point where any principal building is proposed shall not exceed a distance of 500 feet, unless the Planning & Zoning Board makes a determination that said driveway will provide safe and reasonable access for fire, police and emergency vehicles.
(2)
The common driveway shall be located entirely within the boundaries of the lots to which the driveway provides access, and shall be separated from any other lots to which access is not being provided by an appropriately landscaped buffer area at least 20 feet in width.
(3)
The centerline intersection of the common driveway with the street centerline shall not be less than 45°.
(4)
A minimum cleared width of 18 feet, and a minimum travel way of 12 feet, shall be maintained over the entire length of the common driveway.
(5)
A roadway surface of a minimum of four inches of graded gravel, placed over a properly prepared base, graded and compacted to drain from the crown shall be installed. Where the property rises in elevation from the street, the driveway shall be paved from the street to the first high point (break in grade) in order to prevent erosion toward the street, except where such paving is prohibited by other Town bylaws.
(6)
The grade of each common driveway where it intersects with the public way shall not exceed 8% for a distance of 20 feet from the travel surface of the public way unless the Planning & Zoning Board shall grant a special permit after a determination that said driveway will provide safe and reasonable access for fire, police and emergency vehicles.
(7)
The common driveway shall not disrupt existing drainage patterns. A grading and sloping plan, showing existing and proposed conditions, shall be submitted with the special permit application to demonstrate compliance with this requirement.
(8)
Proposed documents shall be submitted to the Planning & Zoning Board demonstrating that, through easements, restrictive covenants, or other appropriate legal devices, the maintenance (including snow removal), repair and liability for the common driveway and all public utilities shall remain perpetually the responsibility of the private parties or their successors in interest.
(9)
The common driveway shall never be used to satisfy frontage requirements.
C.
Plan Requirement. An application for a common driveway shall include a plan showing the driveway serving the premises, and existing and proposed topography at two-foot contour intervals. This information may be shown on a site plan, an Approval Not Required Plan, or any other plan of the lots to which access is to be provided by the common driveway.
D.
SPGA. The Planning & Zoning Board is the Special Permit Granting Authority (SPGA) for this chapter.
§ 235-33 Communications tower and wireless communications facility.
A.
Purpose, Applicability and Use. The purpose of this Section is to establish appropriate siting criteria and standards for communications towers and facilities including, but not limited to radio, television, cellular, and digital communications in order to minimize adverse visual impacts and maintain the residential and historic character of the Town, and preserve scenic views to and from the Town's roadways. This Section is intended to establish reasonable regulations while allowing adequate service to residents, the traveling public and others within the Town and to accommodate the need for the minimum possible number of such facilities within the Town. The requirements of this Section shall apply to all communications towers and wireless communication facilities that require a special permit in accordance with § 235-56 of this chapter, excluding in-kind or smaller replacement of existing equipment.
B.
Required Performance Standards.
(1)
Any tower shall be set back from property lines a distance at least equal to the height of the tower.
(2)
No towers may be constructed within areas subject to protection under the Wetland By Law (Article 29, Town of Easton By Law[1] and MGL c. 131, § 40).
[1]
Editor's Note: See Chs. 227 and 503.
(3)
Any tower shall be at least 500 feet from any existing building.
(4)
Accessory structures housing support equipment for towers shall not exceed 400 square feet in size and 15 feet in height and shall be screened from view.
(5)
Clearing of natural vegetation should be limited to that which is necessary for the construction, operation and maintenance of the tower.
(6)
Night lighting shall be prohibited unless required by Federal authorities and shall be the minimum necessary.
(7)
One tower shall be permitted per lot.
(8)
No tower shall be more than 150 feet above the natural grade.
(9)
Shared use of tower and co-location of communications devices is encouraged. All towers constructed as principal uses shall be designed to accommodate the maximum number of communications facilities possible.
(10)
Wherever feasible, wireless communication facilities shall be located on existing towers or other nonresidential structures, minimizing construction of new towers.
(11)
Wireless communication facilities placed on existing buildings shall be camouflaged or screened and designed to be harmonious and architecturally compatible with the building. No facility shall project more than five feet above the existing roofline of the building. Any equipment associated with the facility shall be located within the building.
(12)
Towers and facilities shall be painted a neutral, non-reflective color designed to blend with the surrounding environment.
(13)
A facility shall not be erected nearer to a residential lot line than 500 feet.
(14)
There shall be no signs, except for announcement signs, no trespassing signs and a required sign giving a phone number where the owner can be reached on a twenty-four hour basis. All signs shall conform with[2]
[2]
Editor's Note: So in original.
(15)
Satellite dishes and/or antenna shall be situated on a structure in such a manner that they are screened, preferably not being visible from abutting streets. Free standing dishes or antenna shall be located on the landscape in such a manner so as to minimize visibility from abutting streets and residences and to limit the need to remove existing vegetation.
(16)
All equipment shall be colored, molded and/or installed to blend into the structure and/or the landscape.
(17)
Antennas or dishes located on a structure shall not exceed 10 feet in height above the level of its attachment to the structure.
(18)
No structure shall extend in a horizontal distance from the centerline of the tower more than 25 feet without approval of the Special Permit Granting Authority. Such extension has to conform to the same set back requirements as the tower itself. Setbacks are the furthest extension of the tower.
(19)
At its discretion, the Special Permit Granting Authority may require the applicant to simulate at the proposed location through the use of some device at the specific location.
C.
Administrative Procedures. Site plan approval and a Special Permit shall be granted by the Board of Appeals in accordance §§ 235-56 and 235-57. The Board of Appeals shall adopt rules relative to the issuance of special permits, including application fees, and file a copy with the Town Clerk.
D.
Criteria for Review and Approval. The SPGA shall review all applications for communication towers and, in addition to the criteria set forth in § 235-56B, shall find:
(1)
that the location of the tower or device is suitable and that the size, height, and design is the minimum necessary for that purpose;
(2)
that the proposed tower or devices will not adversely impact historic structures or scenic views;
(3)
that there are no feasible alternatives to the location of the proposed tower or devices (including co-location) that would minimize their impact;
(4)
that the proposed tower or device is in compliance with federal and state requirements regarding aviation safety.
E.
Lapse. The special Permit is granted for a period of two years and shall lapse if substantial use or construction has not commenced by such a date, except for good cause shown. And provided further that such construction, once begun, shall be actively and continuously pursued to completion within a reasonable time. Any extension, addition of cells or construction of new or replacement towers shall be subject to an amendment of the special permit following the same procedure as for an original grant of a special permit.
§ 235-34 Planned Business Development.
A.
General. For planned business development of land subject to maximum building coverage more than the maximum permitted in the Table of Density and Dimensional Regulations and less than the parking requirements contained in the Table of Off-Street Parking Regulations, the following conditions shall apply:
(1)
A Planned Business Development shall be allowed only upon the grant of a special permit from the Planning & Zoning Board.
(2)
The tract shall be in single or consolidated ownership at the time of application and shall be at least two acres in size with 100 feet of frontage, except as may be reduced by the Planning & Zoning Board, in the grant of any special permit.
(3)
Uses shall be contained in one continuous building except that groupings of buildings may be allowed by the Planning & Zoning Board where such groupings are consistent with the safety of the users of the development and are further consistent with the overall intent of this Section.
(4)
The gross floor area of buildings shall not exceed 50% of the total area.
(5)
The development shall be served by one common parking area and by common exit and entrance areas except that the Planning & Zoning Board may allow segmented parking areas.
(6)
The development shall be served by a public water system.
(7)
Roadway and utility construction shall conform to the Town of Easton Planning & Zoning Board Subdivision Rules and Regulations except as may be modified or may be waived by the Planning & Zoning Board.
(8)
Plan depicting exterior building elevations, parking layout, access points and site utilities shall be submitted to the Planning & Zoning Board on properly scaled plans prepared by a Professional Engineer.
§ 235-35 Planned Industrial Development.
A.
General. For the planned industrial development of land within an Industrial District for manufacturing or service industrial purposes subject to area regulations less than the minimum required in Table of Density and Dimensional Regulations, the following shall apply:
(1)
A Planned Industrial Development shall be allowed only upon the grant of a special permit from the Planning & Zoning Board.
(2)
The tract in single or consolidated ownership at the time of application shall be at least two acres in size with 100 feet of frontage. Where the site plan constitutes a subdivision, it shall also require approval by the Planning & Zoning Board under the Subdivision Rules and Regulations of the Town of Easton, MA, latest edition.
(3)
Individual lot sizes shall not be reduced more than 20% below that normally required for manufacturing or service industrial purposes in the District.
(4)
The total number of establishments in the development shall not exceed the number of establishments, which could be developed under normal application requirements of the District.
(5)
The permitted uses shall be limited to manufacturing or service industrial uses with the total use completely within the building.
(6)
The development shall be served by a public water system.
(7)
At least 25% of the total tract area (of which at least 25% shall not be wetlands or over 5% slope land) shall be set aside as common land and shall be either deeded to the Town or be conveyed to a nonprofit organization, the principal purpose of which is the conservation of open space, or be conveyed to a corporation or trust owned or to be owned by the owners of lots or residential units within the land and covenanted with the Town to be maintained as permanent "open space." If such a corporation or trust is utilized, ownership thereof shall pass with conveyances of the lots or residential units. In any case where such land is not conveyed to the Town, that such land shall be kept in an open or natural state and not be built upon. Determination of open space shall be made by the Planning & Zoning Board.
(8)
Such common land shall be restricted to open space, recreation, or conservation area and shall have suitable access as determined by the Planning & Zoning Board.
(9)
Such common land shall not be used for the purposes of disposing of debris, building material or the like. The applicant and/or owner shall take adequate measures, as satisfactory condition exists in the interest of public health, safety and welfare of the public.
§ 235-36 Hotels and motels.
A.
Conditions. For any building or buildings intended for use as a hotel or motel to be constructed, the following conditions shall apply:
(1)
Screening and buffers shall be required along the side lot lines. This strip shall be at least 20 feet in width; it shall contain a screen of trees and shrubs at the time of occupancy of such lot and shall be maintained by the owners. A solid wall or fence, not to exceed six feet in height, complemented by suitable plantings, may be substituted for such landscape buffer strip. The strip may be part of the yard area.
(2)
Each rental unit shall contain not less than 200 square feet of habitable floor area.
(3)
The site shall be provided with not more than two motor vehicle driveways for each abutting street that shall intersect the abutting street or streets at 90°.
