Fall River City Zoning Code
ARTICLE VI
General Regulations
§ 86-441 Table of Parking and Loading Requirements.
Every building erected, enlarged, converted, or relocated and each use or change of use of land shall be provided with off-street parking spaces and off-street loading spaces in accordance with the Table of Parking and Loading Requirements. The following table is incorporated in and made part of this chapter. In the event of discrepancies between the narrative text in the sections of this chapter and the table, the text of the sections shall control:
Table of Parking and Loading Requirements | ||
|---|---|---|
Use | Parking Requirements | Loading Requirements |
One-family dwelling Two-family dwelling Multifamily (3 + dwelling units per structure) | 2 spaces per dwelling unit | 1 loading space for each multifamily dwelling containing more than 10 dwelling units |
Hotel, motel, bed-and-breakfast, rooming or boarding- or lodging house, tourist home, dormitories, or other non-family residence accommodations, excluding group homes | 1 space per each employee per shift who does not reside on the premises; 1 space per guest room; dwelling parking requirements, if applicable | 1 loading space for each building containing more than 20 guest rooms |
Offices: general, professional, business, banks, medical clinics and laboratories, radio and television stations; offices of nonprofit educational, cultural, or charitable organizations | 1 space per each employee per shift; a minimum of 6 spaces for customers | 1 loading space for each building |
Fast-food drive-in, carry-out restaurants | 1 space per each employee per shift; minimum of 10 spaces for customers | 1 loading space for each building |
Businesses engaged in retail sale of goods and services, not elsewhere enumerated herein | 1 space per each employee per shift; minimum of 3 spaces for customers | |
Business engaged in retail sales, rental, repair, servicing, storage and distribution of motor vehicles, trailers, campers, boats, furniture or building materials | 1 space per each employee per shift; minimum of 3 spaces for customers | 1 loading space for each building |
Restaurants | 1 space per each four seats of total seating capacity | 1 loading space for each building |
Hospital, convalescent homes, nursing homes, rest homes or homes for the aged | 1 space per 4 beds | 1 loading space for each building |
Places of assembly, including theaters, veterans, fraternal, social and recreational clubs and organizations not operated for a profit; taxi, bus and railroad passenger terminals; auditoriums, theaters, bowling alleys and dance halls; sports facilities; places of worship; funeral homes | 1 space per 5 seats for which the building is designed | 1 loading space for each building |
Business engaged in the manufacturing, processing, assembly, fabrication of products, including research and testing laboratories and facilities | 1 space per each 500 square feet of gross floor area; 1 space for each vehicle used in conducting the business | 2 loading spaces for each building |
Business engaged in the warehousing and distribution of goods and materials, including building and construction contractors, equipment and supplies on premises, motor freight terminals, facilities for storing and servicing of motor vehicles used in conducting a business or public transportation, industrial machinery and equipment, grain, petroleum products and junkyards | 1 space per 1,500 square feet of gross floor area up to 15,000 square feet; thereafter, 1 additional space for each 5,000 square feet of floor area beyond 15,000 square feet; 1 space for each vehicle used in conducting the business | |
Schools, adult day-care centers, day-care centers, excluding family day-care homes | 1 space per each employee per shift | 1 loading space for each building |
Group homes | 1 space per each employee per shift | 1 loading space for each building containing more than 20 guest rooms |
Family (in-home) day care | 1 space for each nonresident employee; also see residential parking requirements | |
§ 86-442 Existing spaces.
A.
Parking or loading spaces being maintained in any district in connection with any existing use on the effective date of this chapter, or any spaces subsequently provided in accordance with this chapter, shall not be decreased or in any way removed from service to the use originally intended to be served so long as said use remains, unless a number of parking or loading spaces is constructed elsewhere on the property, provided that this regulation shall not require the maintenance of more parking or loading spaces than is required according to the tables.
B.
In the event of the enlargement of a structure existing on the effective date of the ordinance from which this section is derived, or the construction or relocation of additional structures on a lot, after such effective date, the regulations of this section shall apply only to the enlargement, construction or relocation thereof, except that any off-street parking and off-street loading facilities established to serve any building and any uses prior to such effective date shall not be reduced below the required number.
§ 86-443 Change of use.
The change in use of an existing structure built prior to the effective date of this chapter shall be permitted without meeting the required number of parking spaces; provided the Building Inspector makes a determination that the number of existing parking spaces, if any, is not being reduced, the use is permitted as a preexisting nonconforming use in the district, and additional parking cannot be provided in a reasonable manner.
§ 86-444 Location and layout of parking and loading spaces.
A.
Off-street parking and loading for buildings other than single- or two-family residences, may be provided in structures or in the open air, and shall be subject to the following regulations pertaining to their layout and location:
(1)
Parking spaces shall be located on the same lot as the building or use which they are intended to serve, except that they may be provided on an adjoining lot in the same ownership.
(2)
Parking space for three or fewer vehicles may be provided in the form of a driveway on a lot; the improved surface may be extended to one foot of the side line.
(3)
Where a drive or aisle, other than a street, is required to maneuver a vehicle into or out of a parking space, such drive or aisle shall be at least 22 feet wide for parking spaces situated at right angles, or nearly right angles, to the aisle. For parking spaces situated at an angle of 30° to 60° to the aisle, the required width of the aisle shall be at least 16 feet.
(4)
Parking and loading spaces other than those required for single two-family dwellings shall be so arranged as not to permit backing of vehicles onto any street.
(5)
No off-street loading areas or berths shall be laid out in such a manner as will result in loading or unloading being carried on within a street right-of-way or other public property. Each area or berth shall be of sufficient size as to accommodate the largest expected truck or tractor trailer common to the building use.
B.
All parking and loading areas containing over five spaces which are not inside a structure shall also be subject to the following unless such requirement is waived by the City Building Inspector based on a determination that the proposed conditions satisfy the intent of these standards:
(1)
The surfaced area shall be set back at least 10 feet from front lot lines and from all lot lines of abutting property used for residential purposes; however, for side and rear lot lines the setback need only be five feet if the setback includes a solid wall or fence, five feet to six feet in height complemented by suitable plantings. In no case shall the paved area be set back from the front lot line a distance less than the minimum front yard setback for the district, nor from a side or rear lot line a distance less than the minimum buffer width required by the Table of Parking and Loading Requirements (§ 86-441).
(2)
Parking areas providing more than 25 spaces shall include a landscaped area that is at least 8% of the total paved portion of the parking area. Minimum required landscaped setbacks and buffers at the perimeter of the parking area shall not be counted toward the landscaping requirement of this subsection. Individual strips of landscaping shall be at least four feet in width.
§ 86-445 Special permits.
Any parking or loading requirement set forth herein may be reduced or modified upon the issuance of a special permit by the Zoning Board of Appeals, if the Board finds that the reduction or modification is not inconsistent with public health and safety, or that the reduction or modification promotes a public benefit. Such cases might include:
A.
Use of a common parking lot for separate uses having peak demands occurring at different times.
B.
Age or other characteristics of occupants of the facility requiring parking which reduces auto usage.
C.
Peculiarities of the use which make usual measures of demand invalid.
D.
Availability of on-street parking or parking at nearby municipal facilities.
E.
Use of off-site parking.
§ 86-446 through § 86-449. (Reserved) [1]
[1]
Editor's Note: Former §§ 86-446, Setbacks for garages and sheds, 86-447, Home occupation as of right, and 86-448, Pigeon lofts, were removed from this Division 1 to a new Division 5, Other Uses, at time of adoption of Code (see Ch. 1, General Provisions). See now §§ 86-466, 86-467 and 86-468, respectively.
§ 86-450 Applicability.
No signs or advertising devices of any kind or nature shall be erected on any premises or affixed to the outside of any structure except as specifically permitted in this division.
§ 86-451 Permitted sign types.
The following types of signs are permitted:
A.
Address sign. One sign displaying the street number and name of the occupant or establishment of the premises and service provided.
(1)
Such sign may not exceed two square feet in area if it is attached to the building.
(2)
Such sign may be on a rod or pole not more than four feet high, and at least three feet in from the street line, and may not exceed four inches by six inches in size.
(3)
Any address signs must be stationary, nonilluminated and not contain any motorized moving parts.
B.
Awning sign. A sign painted on or attached to a moveable metallic frame, of the hinged roll or folding type, which may have a noncombustible covering.
(1)
Such sign must be painted, embroidered, or stitched on or attached flat against the surface of, but not extending beyond or attached to the underside.
(2)
Letters shall not exceed 10 inches in height.
(3)
A minimum clearance above sidewalk level of seven feet must be allowed for pedestrian clearance.
C.
Community directory sign. An accessory bulletin or announcement board describing the location of an event of a community service organization, institution, or public facility.
(1)
Such sign shall not exceed 20 square feet in total area.
(2)
One such sign for each property is allowed, unless the street frontage of said institution exceeds 100 feet, then one sign for each 100 feet is allowed but in no event more than three such signs. Such sign shall be at least three feet in from street line.
D.
Contractor sign. An off-premises sign identifying the contractor's name, address and other pertinent information.
(1)
Such sign may not exceed 20 square feet.
(2)
Such sign may be maintained on the building or structure only for the interim of construction and not exceeding 15 days following completion of said construction.
(3)
Failure to remove said sign within time period stated shall be cause for its removal by the Building Inspector at the expense of the owner.
E.
Electronic sign. An outside sign, display, or device that changes its message or copy at intervals by programmable electronic, digital, or mechanical processes or by remote control. Electronic signs shall be allowed in Neighborhood Shopping Districts (B-N), Local Business Districts (B-L), Mixed Use Business Districts (MBD), Commercial Mill Districts (CMD), Central Business Districts (CBD), and Waterfront and Transit-Oriented Development Districts (WTOD), provided such signage meets the following use and dimensional regulations:
(1)
Use regulations.
(a)
The sign shall be programmed so that the message or image on the sign changes no more often than every four seconds.
(b)
The sign shall not display any illumination that changes in intensity during the static display period.
(c)
The electronic sign shall have installed ambient light monitors, and shall at all times allow such monitors to automatically adjust the brightness level of the sign based on ambient light conditions.
(d)
Maximum brightness levels for electronic or digital display boards shall not exceed 5,000 nits when measured from the billboard's face at its maximum brightness, during daylight hours, and 500 nits when measured from the board face at its maximum brightness between sunrise and sunset.
(e)
No such sign shall:
[1]
Emit or utilize in any manner any sound capable of being detected on a main traveled way by a person with normal hearing.
[2]
Cause beams, lasers or rays of light to be directed at any portion of the traveled way, which beams or rays are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle or which otherwise interferes with the operation of a motor vehicle.
[3]
Obscure or interfere with the effectiveness of an official traffic sign, device or signal, or cause an undue distraction to the traveling public.
[4]
Contain more than one face visible from the same direction on the traveled way.
[5]
Be located so as to obscure or otherwise interfere with a motor vehicle operator's view of approaching, merging or intersecting traffic.
[7]
Contain flashing, or moving lights; moving video, or consist of a static image projected upon a stationary object.
(2)
Dimensional regulations. The maximum area per lot of electronic signage shall not constitute more than the following:
(3)
In a specific case, the Zoning Board of Appeals may, after a public hearing, grant a special permit for an electronic sign in an Industrial Park District (IP), Medical District (MD), Apartment District (A-2) or a Multiple-Family Residence District (M), provided that the maximum surface area shall not constitute more than 24 square feet, the electronic sign is replacing an existing sign and the Board finds that the location, setback and design of such use will not be detrimental to the area by reason of lighting, appearance or impact on neighboring uses.
G.
Freestanding sign. A permanent on-premises sign. Freestanding signs shall be allowed in Neighborhood Shopping Districts (B-N), Local Business Districts (B-L), Mixed Use Business Districts (MBD), Commercial Mill Districts (CMD), Central Business Districts (CBD), Waterfront and Transit Oriented Development Districts (WTOD), Medical Districts (MD) and Industrial Park Districts (IP) provided such signage meets the following regulations:
(1)
The outermost projection of a freestanding sign shall be set back from the street line a minimum of three feet. No part of such sign may be located within five feet of a side or rear lot line.
(2)
Each business establishment on a public way shall be entitled to maintain one double-faced panel on a freestanding sign not to exceed 100 square feet per face. These panels may be part of a multi-faced sign or an individual sign. The height of said sign shall not exceed 30 feet.
(3)
Where there are four or more businesses on any one lot, there may be one freestanding sign on said lot. On the one freestanding sign, each business occupying the premises shall be allowed a double-faced panel on said sign, provided that the overall size of the sign does not exceed 100 square feet per face.
(4)
Where a lot has greater than 300 feet of linear frontage along the same public way, two freestanding signs shall be permitted. The height of each said sign shall not exceed 30 feet. Said signs shall be at least 200 feet apart.
(5)
Where a business or group of businesses, on one lot, has frontage on two or more public ways, one freestanding sign is permitted on each public way.
H.
Marquee signs. A sign painted on, attached to, or consisting of an interchangeable copy reader, on a permanent overhanging shelter which projects from the face of a building. Marquee signs shall be allowed in Neighborhood Shopping Districts (B-N), Local Business Districts (B-L), Mixed Use Business Districts (MBD), Commercial Mill Districts (CMD), Central Business Districts (CBD) and Waterfront and Transit -Oriented Development Districts (WTOD), provided such signage meets the following regulations:
I.
Off-site sign. An off-site sign controlled by the Outdoor Advertising Board, which is used for the display of printed or painted advertising matter.
(1)
No off-site sign shall be erected or maintained unless:
(a)
The Board of Appeals grants a special permit therefor;
(b)
The height, setback and illumination requirements set forth herein are met; and
(c)
A special permit therefor has been granted by the outdoor advertising authority in accordance with MGL c. 93, §§ 29 through 33, as from time to time amended, and such permit is valid and outstanding.
(2)
The Board of Appeals may, after a public hearing, grant a special permit for an off-site sign, provided that the Board finds that such sign will not be harmful to the public good and will not adversely affect the value or amenity of neighboring property, and also provided that the following requirements are met:
(a)
No off-site sign shall be erected in any residence district, Local Business District (B-L) or Industrial Park District (IP).
(b)
All off-site signs permitted by this subsection shall be subject to the requirements of MGL c. 93, §§ 29 through 33, inclusive, and to the following specific requirements:
[1]
No more than one off-site sign structure shall be permitted to be erected on a lot having 50 feet or less of street frontage, and no more than one additional structure shall be permitted for an additional 50 feet of lot frontage or major fraction thereof.
[2]
No such structure shall contain over signs per facing, nor shall any off-site sign be permitted to be erected within 50 feet of any adjoining residence district if it would directly face such district and be visible therefrom.
[3]
No off-site sign structure shall be permitted to be erected closer than 10 feet to the line of any public way or closer to such line than the existing building setback line, whichever is the lesser setback.
[4]
No freestanding off-site sign shall be erected to exceed an overall height of 35 feet above the pavement level of the road from which it is designed to be seen; no wall sign shall extend more than three feet above the roof or parapet line; and no roof sign shall be erected to extend higher than 35 feet above the roof at point of mounting.
J.
Painted signs. A permanent mural or message painted directly onto a building surface or the surface of a wall or retaining wall not part of any building.
K.
Public service sign. A sign located for the purpose of providing directions towards or indication of a use not readily visible from a public street (e.g., rest rooms, telephone, etc.).
L.
Roof sign. A sign erected, constructed, or maintained above the roof of a building. Roof signs are prohibited except by special permit by the Zoning Board of Appeals.
M.
Temporary sign. A sign intended to be used for a period of not more than 30 days.
(1)
Permits must be obtained for the erection of temporary signs within the limitations set forth in this article.
(2)
A private entity that has obtained the necessary permits for a temporary banner sign that overhangs a public way must be covered by an insurance policy naming the City of Fall River as coinsured and for such amounts as shall be established by the City.
N.
Wall sign. A sign that is attached parallel on the exterior surface of a building or structure. Wall signs shall be allowed in Neighborhood Shopping Districts (B-N), Local Business Districts (B-L), Mixed Use Business Districts (MBD), Commercial Mill Districts (CMD), Central Business Districts (CBD), Waterfront and Transit-Oriented Development Districts (WTOD), Medical Districts (MD) and Industrial Park Districts (IP), provided such signage meets the following regulations:
(1)
A wall sign shall not project more than 15 inches from the building surface.
(3)
Sign size. Signs or advertising devices attached to the building shall not exceed two square feet for each linear foot of the building face parallel or substantially parallel to a street lot line. Where a lot fronts on more than one street, the sign area facing each street frontage shall be calculated separately.
O.
Window sign. A permanent nonilluminated sign painted on the inside glass of a window.
§ 86-452 Special requirements.
A.
Corner buildings. If a building fronts two or more streets, the sign area for each street frontage shall be computed separately.
B.
Setback requirements. Unless otherwise specified in this chapter, signs are exempt from setback requirements.
C.
Sublevel storefront. If the first floor of a building is substantially above street grade and the basement is only partially below street grade, separate occupants of each level may each have 1/2 the square feet of signage allowed as if it were a single ground-floor use.
D.
Supports and brackets for a sign shall not extend needlessly above the cornice line of the building to which the sign is attached.
E.
Trademarks that are registered for a specific commodity may occupy no more than 10% of the sign area; except if said commodity is the major business conducted on the premises, then there shall be no such restriction.
§ 86-453 Prohibited signs.
No person may erect the following signs:
A.
A sign that rotates or has a motorized moving part that is visible from a public street.
B.
Any sign which, by reason of its size, location, content, coloring or manner of illumination, constitutes a traffic hazard or a detriment to traffic safety in the opinion of the Building Inspector by obstructing the vision of drivers, or detracting from the visibility of any traffic sign or control device on public streets and roads.
C.
Any sign which obstructs free ingress to or egress from a required door, window, fire escape or other required exitway or which obstructs a window, door or other opening for providing light or air or interferes with proper function of the building.
D.
Any sign or sign structure which is structurally unsafe; or constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation or abandonment; or is not kept in good repair; or is capable of causing electrical shocks to persons likely to come in contact with it.
E.
Signs that make use of words such as STOP, LOOK, DANGER, etc., or any phrases, symbols, or characters, in such a manner as to interfere with, mislead, or confuse traffic.
§ 86-454 Special permits.
The Zoning Board of Appeals may grant a special permit to construct a sign other than those permitted, provided the Board finds that the sign would not be detrimental to abutting properties and is needed to adequately identify the business.
§ 86-455 Maintenance.
Each sign shall be maintained in a secure and safe condition. If the Building Commissioner/Inspector of Buildings is of the opinion that a sign is not secure, safe or in a good state of repair, the Building Commissioner/Inspector of Buildings shall give written notice of this fact to the person responsible for the maintenance of the sign. If the defect in the sign is not corrected within the time permitted, the Building Commissioner/Inspector of Buildings may revoke the permit to maintain the sign and may remove the sign and keep possession of same until the owner pays the cost of removal.
§ 86-456 Energy shortage.
In the event of an energy shortage, the City is authorized in its discretion to order all signs in City consuming electricity, gas, oil or other energy to cease consumption in whole or in part during such hours as for such period designated.
§ 86-457 Nonconforming signs.
Any sign or other advertising devices hereto legally erected may continue to be maintained; provided, however, that no such sign or other advertising device shall be permitted if it is enlarged and provided, further, that any such sign or other advertising device which has deteriorated to such an extent that the cost of restoration would exceed 35% of the replacement cost of the sign or other advertising device at the time of the restoration shall not be repaired or rebuilt or altered. Any exemption provided in this section shall terminate with respect to any sign or other advertising device that shall not have been repaired or properly maintained within 30 days after notice to that effect has been given by the Building Inspector.
§ 86-461 Prohibited uses.
No trade, industry, operation, activity, heat source or other use that is noxious, offensive or hazardous by reason of vibration or noise or the emission of odors, dust, gas, fumes, smoke, cinders, flashing or excessively bright light or refuse matter shall be permitted.
§ 86-462 Authority.
Pursuant to the mandate and under the authority of MGL c. 40A, §§ 9, 9A and 14(2), the Board of Appeals shall have the power to hear and decide all applications for special permits unless otherwise provided herein.
§ 86-463 Application.
Each application for a special permit shall be filed by the petitioner in accordance with the rules and regulations of the Zoning Board of Appeals.
§ 86-466 Private garages and sheds.
Any private unattached garage or shed in any district shall be placed at least 20 feet from the street line, six feet from any building and four feet from the side and rear line of the lot. The maximum height of an unattached garage or shed shall not exceed 18 feet. The maximum size of an unattached garage foundation shall not exceed 750 square feet or 12% of the lot area, whichever is less. The maximum size of a shed shall not exceed 200 square feet. Any private attached garage in any district shall be placed at least 20 feet from the street line and four feet from the side and rear line of the lot or meet the minimum setbacks for the district in which it is located, whichever is greater. The Zoning Board of Appeals may grant a special permit for the construction of a garage or shed in excess of the maximum size, provided the Board finds that the scale of the proposed structure is consistent with neighboring structures and that the proposed structure will not impact the use and enjoyment of the abutting properties.
§ 86-467 Home occupations as of right.
Businesses or professions incidental to and customarily associated with the residential use of a premises may be permitted as an accessory use by the owner of that dwelling; provided, however, that all of the following conditions shall be satisfied:
A.
The occupation or profession shall be carried on wholly within the building.
B.
Not more than 20% of the floor area of the residence shall be used in the home occupation.
C.
The home occupation shall not serve clients, customers, pupils, salespersons, or the like on premises.
D.
There shall be no interior or exterior signs, exterior display, exterior storage of materials, and no other interior or exterior indication of the home occupation, or other variation from the residential character of the premises.
E.
No use or storage of hazardous materials in quantities greater than associated with normal household use shall be permitted.
F.
Traffic generated shall not exceed volumes normally expected in a residential neighborhood.
G.
Only one home occupation shall be conducted on the premises.
H.
There shall be a maximum of two employees and they must reside within the building.