Fitchburg City Zoning Code
SECTION 181
5 GENERAL REGULATIONS
181.511 General Requirements.
There shall be provided and maintained off-street automobile parking spaces in connection with existing and changes of uses and the new construction, expansion or increase, by units or dimensions, of buildings, structures and use, in accordance with the Table of Off-Street Parking Requirements, Section 181.512.
181.5111.
Off-street parking spaces required herein shall be provided either on the lot with the principal use or on any other associated premises within 800 feet.
181.5112.
Off-street parking shall be provided and maintained in connection with the use, substantial change in uses, conversion, or increase in intensity of use of buildings and structures.
181.5113.
In computing required spaces, any fraction thereto shall be rounded to the nearest whole number.
181.5114.
With the exception of those projects that require a special permit from the Board of Zoning Appeals but do not require a site plan review, the Planning Board shall serve as the special permit granting authority that determines off-street parking requirements pursuant to Section 181.512.
181.5115.
In the RC District, the off-street parking requirement may be satisfied if the property is located within an on-street resident parking permit district established by the City.
181.5116.
In the IB and DB Districts off-street parking spaces need not be provided for any retail business or service use or any commercial or industrial use which is located within the districts.
181.5117.
In the IB District, off-street parking spaces need not be provided for any residential use of six units or less.
181.512 Table of Off-Street Parking Requirements. [1]
[1]
Editor's Note: The Table of Off-Street Parking Requirements is included as an attachment to this chapter.
181.513 Special Permit and Site Plan Review.
Any parking requirement set forth herein in Section 181.51 may be reduced or waived with the issuance of a special permit by the special permit granting authority or a condition of site plan approval upon a finding that the reduction is not deleterious with public health and safety, or that the reduction promotes a public benefit. Such cases might include:
181.5131.
Use of a common or shared parking lot for separate uses having off-setting peak hour demands;
181.5132.
Age or other characteristics of occupants of the facility requiring parking which reduces auto usage;
181.5133.
Peculiarities of the use which make usual measures of demand invalid;
181.5134.
Availability of on-street parking or parking at nearby municipally or publicly owned facilities including, without limitation, the parking facilities owned by the Montachusett Regional Transit Authority (MART) although located nearby in an abutting district.
181.5135.
Where a special permit is granted, a reserve area, to be maintained indefinitely as landscaped open space, may be required sufficient to accommodate the difference between the spaces otherwise required and the spaces reduced by special permit. The parking/site plan shall show (in dotted outline) how the reserve area would be laid out in to provide the otherwise required number of spaces.
181.514 Design Standards.
181.5141.
Parking areas shall be clearly delineated and shall be graded, surfaced with tar, asphalt, concrete, or other nondusting paving, provided with adequate drainage and suitably maintained to the extent necessary to avoid the nuisances of dust, erosion or excessive water flow onto public ways or adjoining property.
181.5142.
All parking stalls shall be standard dimension and shall be laid out and striped in compliance with the following minimum provisions.
Angle of Parking (in degrees) | Width of Parking Stall (feet) | Parking Stall Length of Line (feet) | Width of Maneuvering Aisle (feet) |
|---|---|---|---|
90° (2-way) | 9.0 | 18.0 | 24.0 |
60° (1-way) | 10.4 | 22.0 | 18.0 |
45° (1-way) | 12.7 | 25.0 | 14.0 |
Parallel (1-way) | 8.0 | 22.0 | 14.0 |
Parallel (2-way) | 8.0 | 22.0 | 18.0 |
181.5143.
Each off-street lot shall have an access driveway of at least eight feet but no more than 36 feet. Residential driveways shall also comply with Section 181.76 regulations.
181.5144.
Off-street parking shall be set back at least three feet from any property line, building and sidewalk.
181.5145.
Backing directly onto a street shall be prohibited except for single-, two-, and three-family residences.
181.5146.
General Requirements. All driveways shall comply with applicable standards of the City of Fitchburg ordinances, building code, fire code, Department of Public Works, and any other standards or regulations that may apply. See Chapter 157, Article IV, Curb Cuts and Street Entrances.
A.
Adequate ingress and egress to the parking facilities by means of clearly limited and defined drives shall be provided for all vehicles. Said access should be limited to well-defined locations away from street intersections, and in no case shall there be unrestricted access along the length of a street.
B.
Parking and loading areas shall be arranged for convenient access, egress and safety to pedestrians and vehicles. All lighting used to illuminate any off-street parking or loading facility shall be installed so that direct rays from such lighting shall not cause a public nuisance to adjacent property. All off-street parking and loading facilities shall be maintained by the owner or operator in good repair, neat, orderly in appearance and free from refuse and debris. Storage of snow in parking or loading facilities shall be arranged so as not to unduly reduce sight distances and visibility at entrances and exits and aisle intersections.
C.
When applicable, specially designated parking spaces for the persons with disabilities must be provided in accordance with the current edition of the Rules and Regulations promulgated by the Massachusetts Architectural Access Board.
D.
Off-street parking requirements for single-family and two-family residential buildings may be satisfied by stacking spaces behind one another in a driveway. In no other circumstance may all or part of the minimum parking requirements be satisfied in such a manner as to require moving a car parked in any one space to enable a car parking in any other space to enter or exit that space. When a common driveway is shared by two or more property owners or when stacked spaces are used at a two-family property, no parking requirements may be satisfied in such a manner as to require moving a car owned or used by the owner or occupant of one property to enable a car owned or used by the owner or occupant of another unit to enter or exit the parking area.
E.
Some or all of the parking requirements for residential dwellings may be satisfied within enclosed residential garages. Required parking spaces located within residential garages must include a clear area at least 11 feet in width and 21 feet in length and conform to all applicable provisions of the State Building Code.
F.
All off-street parking facilities and other impervious surfaces must conform to all applicable provisions of the Massachusetts Department of Environmental Protection Stormwater Management Policy Handbook: Volume I and Stormwater Technical Handbook Volume II, and all other applicable stormwater regulations. Site drainage designs must be approved by the City Engineer.
G.
Driveways shall be located so as to minimize conflict with traffic on public streets and be located to the best advantage with regard to street alignment, profile, visibility and sight distance conditions to observe approaching pedestrian and vehicular traffic.
H.
In all districts, no person shall begin to construct, reconstruct, repair, alter or grade any sidewalk, curb, curb cut, driveway or street abutting public ways in the City of Fitchburg without first obtaining a permit from the Commissioner of Public Works.
181.515 Common or Shared Parking Areas.
Common parking areas may be permitted for the purpose of servicing two or more principal uses on the same or separate lots, provided that:
181.5151.
Evidence is submitted that parking is available within 800 feet of the premises, which satisfies the requirements of this chapter and has excess capacity during all or part of the day, which excess capacity shall be demonstrated by competent parking survey conducted by a traffic engineer registered in the Commonwealth of Massachusetts.
181.5152.
A contract, agreement, or suitable legal instrument acceptable to legal counsel shall be filed with the application for building permit, occupancy permit, or special permit for exception which shall specify the location of all spaces to be jointly used, the number of such spaces, the hours during the day that such parking shall be available, and the duration or limit, if any on such parking.
181.5153.
Any reduction in area required for parking because of these joint-use provisions may be required as reserved landscaped open space; such area shall be computed at the rate of 400 square feet per parking space.
181.5154.
Nothing in this section shall relieve the owner from providing parking facilities in accordance with this chapter if subsequently the joint-use of parking facilities shall terminate.
181.5155.
Developments that share parking with multiple principal uses on the same lot or provide service drives between properties may be permitted a 10% reduction in the required number of parking spaces. If information can be provided to show that peak demand periods of development with shared parking or a service drive connection are not simultaneous, the number of required parking spaces may be reduced by 20%.
181.516 Landscaping Requirements for Parking Areas.
181.5161.
Parking areas with more than 10 spaces shall contain 150 square feet of planted areas for every 1,000 square feet of parking proposed, including aisles, appropriately situated within the interior of the parking area. Such planted area shall contain an appropriate mix of shade trees and other plants.
181.5162.
Parking lots loading areas and service areas shall be screened from view, to the extent feasible, from all adjacent residentially zoned properties, by the use of planted areas, berms, natural contours or natural vegetation, fences or a combination of the above.
181.5163.
Buffer strips between any parking lot serving a multifamily or nonresidential use and the rear or side lot lines of property in a residential district shall meet the following specifications:
Number of Spaces in Lot | Depth of Buffer Strip |
|---|---|
Up to 10 | 10 feet |
11 to 24 | 10 feet plus 1 foot for each space in excess of 10 spaces |
25 or more | 25 feet |
181.517 Drive-Through Facility Standards.
181.5171.
All buildings and uses that provide drive-through service shall provide at least one escape lane adjacent to the drive-through service lane(s). The escape lane shall be designed to allow vehicles to exit and bypass the drive through service lane(s). The length of the escape lane must be no less than the length of the adjacent drive-through service lane. The length of a drive-through service lane shall be determined by measuring the linear distance from the point of the lane's beginning to the point of service.
181.5172.
Drive-through and escape lanes shall have a minimum width of 10 feet for their entire length. Notwithstanding the foregoing, the special permit granting authority (if a special permit is required) or the Planning Board in reviewing a site plan or parking plan, as the case may be, may require drive-through and escape lanes to have a width of up to 12 feet along curved sections.
181.5173.
Drive-through and escape lanes shall comply with the following minimum length requirements to assure sufficient vehicle stacking:
Use | Drive-Through Service Lane & Escape Lane Minimum Length |
|---|---|
Fast food/restaurant/coffee shop | 240 linear feet |
Bank/credit union/ATM | 180 linear feet |
Pharmacy/convenience store | 120 linear feet |
Dry cleaner/laundry | 80 linear feet |
Other | As determined by the Planning Board |
181.521 General.
All buildings requiring the delivery of goods, supplies, or materials, or shipments of the same, shall have bays and suitable maneuvering space for off-street loading of vehicles in accordance with the following regulations.
181.522 Retail Stores and Services.
For each establishment with a net floor area from 5,000 square feet to 8,000 square feet, at least one berth. Additional space is required at the rate of one berth per 8,000 square feet or nearest multiple thereof. Where two or more such establishments are connected by a common wall such as in a shopping center, common berths may be permitted for the use of all establishments at the rate of one berth space per 8,000 square feet in the entire shopping center.
181.523 Office Buildings.
For each office building with net area of 4,000 square feet or more, at least one berth shall be provided.
181.524 Manufacturing, Industrial Uses or Warehousing.
For manufacturing, industrial uses or warehousing and similar uses up to 8,000 square feet of net floor area, at least one berth shall be provided. For larger floor areas, additional berths shall be provided as required by the inspector of buildings adequate for off-street loading and unloading.
181.525 Screening.
Loading areas shall provide screening in accordance with Section 181.54.
181.526 Size.
Loading bays shall not be less than 12 feet in width, 65 feet in length, and 14 feet in height, exclusive of driveway and maneuvering space. Required off-street loading bays and maneuvering spaces shall be located entirely on the same lot as the building being served.
181.527 On-Premises.
No loading facility shall be designed to require trucks to queue on a public way while awaiting off-loading. No loading facility shall be designed to require vehicles to back onto a public way; all turning maneuvers shall be accommodated on the premises.
181.528 Waiver.
Any loading requirement set forth herein in Section 181.52, with the exception of 181.527, may be reduced upon the issuance of a special permit by the special permit granting authority or site plan approval by the Planning Board if there is a finding that the reduction is not inconsistent with public health and safety, or that the reduction promotes a public benefit.
181.531 General Regulations.
The following regulations shall apply in all districts.
181.5311.
No exterior sign or advertising device shall be erected, except as provided herein.
181.5312.
No sign which requires a sign permit shall be erected, except in the exact location and manner described in the permit.
181.5313.
No sign shall be posted upon any tree, bridge, guidepost or utility pole.
181.5314.
Any sign which advertises or identifies products, businesses, services or activities which are no longer sold, located or carried on at the premises (or has already been held) shall be considered to be violation of this chapter and shall be removed by the permit holder or property owner within six days after notice by the Building Commissioner. Failure to do so shall result in an enforcement action pursuant to Section 181.9122.
181.532 Sign Permits.
181.5321.
Applicability. No sign shall be erected, altered, or relocated without a sign permit issued by the Building Commissioner, except as provided in Section 181.533.
181.5322.
Application.
A.
All applications for signs requiring sign permits shall be obtained from the Building Commissioner and shall include at least:
(1)
The location, by street number, of the proposed sign;
(2)
The name and address of the sign owner and the owner of the premises, or his or her agent, where the sign is to be located, if other than the sign owner;
(3)
A scale drawing showing the proposed construction, method of installation or support, colors, dimensions, location of the sign on the site and method of illumination; and
(4)
Such other pertinent information as the Building Commissioner may require to ensure compliance with the chapter and any other applicable law.
B.
The application must be signed by the owner of the sign and the owner of the premises, or his or her agent, where the sign is to be located. The Building Commissioner shall have the authority to reject any sign permit application that is not complete when submitted.
181.5323.
Fees. The City Council shall establish and from time to time review a sign permit fee which shall be paid as part of the sign permit application.
181.533 Signs Not Requiring Permits.
181.5331.
Resident identification sign. For single- and two-family residential uses in any district, one identification sign upon a lot identifying the occupants of the dwelling or one sign identifying an authorized home occupation shall not require a sign permit. In the residential districts, one sign identifying any other use which is conducted on the premises and is permitted in the residential districts shall not require a sign permit. All such signs shall not exceed eight square feet of display area and, if lighted, shall use indirect white light only. For single-family residential uses, unlit metal or high-quality synthetic lettering, not more than three inches in height nor protruding more than 1/2 inch from the exterior wall and mounted flush to said wall in a location above one main entrance or adjacent to the lintel thereof, and denoting the surname of the occupants shall not require a permit.
181.5332.
Governmental signs. Signs erected and maintained by the City of Fitchburg, the Commonwealth of Massachusetts, or the federal government on any land, building or structure used by such agencies and any other signs at any location required by such agencies for public health or safety purposes shall not require sign permits.
181.5333.
(Reserved)
181.5334.
Fuel pump signs. Fuel pump signs on service station fuel pumps identifying the name or type of fuel and price thereof shall not require sign permits.
181.5335.
Window signs. Window signs in the business or industrial districts shall not require permits and shall not be included in calculating the total allowable signage.
A.
Maximum Area. Window sign shall not cover any more than 50% of the window area (including glass doors) and shall be installed on the inside of the window.
B.
Time. Any window sign which advertises or identifies products, businesses, services or activities which are no longer sold, located or carried on at the premises shall be considered to be violation of this chapter and shall be removed by the permit holder or property owner within six days after notice by the Building Commissioner. Failure to do so shall result in an enforcement action pursuant to Section 181.9122.
181.5336.
Real estate signs. Real estate signs pertaining to the sale of a real-estate or the lease of a premises shall not require sign permits, provided that such signs are six square feet or less in districts in which single family residential use is permitted by right and 32 square feet in all other districts. Real estate signs shall be removed within 30 days after the sale or rental date of the property. In no case shall a permanent sign be affixed to the land or structure advertising "building for sale," "apartment for rent," "student housing," "rooms for rent," or similar offers be included in this exemption.
181.5337.
Lawn Signs. Lawn signs shall be maintained in good repair and may be placed on any property in any district. Said lawn signs shall not be lighted. Said lawn signs shall not be permanently affixed to the property.
181.5338.
Historical Markers. Decorative Plaques. One decorative plaque of durable material, not greater than 1.5 square feet in area, mounted flush to the exterior of the building, issued by a governmental agency, indicating the building's history or its status as a registered landmark shall not require a permit.
181.5339.
Standing signs. One standing sign ("sandwich board"), announcement board, or public information sign, not exceeding 12 square feet, shall be allowed for notices and announcements. Such signs must be located within the required front yard. No sign authorized by this subsection shall be located on publicly owned land, sidewalks, parking areas or traveled ways unless a license or other form of written permission is granted by the City of Fitchburg Public Works Commissioner and does not impede public access, accessibility, and circulation. Said signs shall be removed daily and not left on public land overnight.
181.534 Signs for Residential Uses.
Any permitted residential use may erect a sign or signs, subject to the following:
181.5341.
One sign not exceeding six square feet is allowed in connection with a lawfully maintained nonconforming residential use.
181.5342.
No sign or other advertising device shall be of the exposed neon tube type or exposed gas illuminated tube type, and any lighting of a sign or other advertising device shall be continuous, indirect light, installed in a manner that will prevent light from directly shining onto any street or adjacent property.
181.5343.
Pennant, banner or feather flag style signs are prohibited in connection with any permitted residential use.
181.535 Signs for Nonresidential Uses.
Any permitted nonresidential principal use may erect a sign or signs, subject to the following:
181.5351.
Height regulations. The top of any freestanding sign shall not exceed 24 feet, nor for any sign within 200 feet of the center lines of intersecting streets shall the bottom be less than 8 feet above the nearest adjacent street elevation.
181.5352.
In districts that allow residential uses by right, one bulletin or announcement board or identification sign for a lawfully maintained nonconforming nonresidential building or use, not exceeding 32 square feet in area, is permitted within the required front yard setback, but no closer to the front lot line than one-half the depth of said required front yard setback.
181.5354.
Location requirements.
A.
No freestanding sign shall be located nearer to the street line than one-half the distance of the required front yard setback and shall in no instance be closer than 10 feet from the street sideline.
B.
No sign shall be located within the required side or rear yard setback.
C.
No attached sign shall project more than 12 inches out from the wall to which it is attached, except in the Downtown Business and Intown Business Districts where such signs may be authorized after site plan review. No part of any such overhanging sign shall be less than 10 feet from the ground.
D.
No sign shall be posted directly on the exterior surface of any wall, but rather shall be affixed to a substantial intermediary removable surface securely affixed to the structure.
181.5355.
Area requirements.
A.
The area of a freestanding sign shall consist of the sum total of the area of all sides, except in the case of parallel back-to-back signs, where the area shall be computed as that of one side.
B.
Freestanding signs shall not exceed 100 square feet in area.
C.
Attached signs mounted parallel to the face of the building are permitted, provided that they shall not exceed 20% of the building face they are viewed upon.
D.
The aggregate area of all signs, either attached or freestanding, shall not exceed 2 1/2 square feet for each linear foot of building face parallel or substantially parallel to and visible from a public way. Where a building face fronts on and is visible from more than one public way, the aggregate sign area facing each street frontage shall be computed separately. For open lot uses, where a calculation of aggregate sign area based on building face dimensions would result in inequitable deprivation of identification, the Board of Appeals, by special permit, may authorize an aggregate sign area up to but not more than one square foot for each 1 1/2 linear feet of street lot line.
181.5356.
Temporary pennant, banner, or feather flag style signs. Temporary, pennant, banner or feather flag style signs pertaining to sales or promotion shall be allowed in the business, institutional and industrial zoning districts subject to the following provisions:
A. PENNANT, BANNER OR FEATHER FLAG SIGN TEMPORARY SIGN
Definitions.
Any sign with or without characters, letters, illustrations, or ornamentations applied to cloth, paper, flexible plastic, or lightweight fabric or similar nonrigid material of any kind with only such material for backing that is mounted to a pole, staff, or a building by a string, rope, wire, or frame at one or more edges. All pennants, banners and feather flags are temporary signs.
A sign that is not permanently affixed to a structure, or permanently embedded in the ground, and is designed to be displayed for a short period of time.
B.
Duration. "Temporary" means a period not exceeding two consecutive months, unless the Building Commissioner permits an extension of the two-month period. No temporary sign may be displayed longer than five months.
C.
Permit filing requirement. A temporary sign permit must be obtained from the Building Commissioner prior to installation if the pennant, banner, or feather flag is to be displayed more than 60 days.
D.
Size and quantity. The maximum size for any one pennant, banner or feather flag is 20 square feet. No more than one pennant, banner or feather flag may be displayed at any one time along or facing any 50-foot length or less of street frontage abutting the parcel of land on which the establishment is located.
E.
Location. Temporary banners, pennants, and feather flags may only be located on the lot of the business or property being advertised. They shall not extend above the roofline of the building and shall be placed no closer than 10 feet from the pavement of a public or private street.
(1)
The display must not obstruct the view of vehicular traffic, nor be erected or maintained so as in any way to create a traffic hazard or so as to obscure or make difficult the reading of signs or signals designed to regulate and control traffic.
(2)
Banners, pennants and feather flags must be adequately secured to either a structure or the ground. Vehicle display or attachment is prohibited. For safety reasons, they must not be located in the public right-of-way. In addition, the display cannot cause an unreasonable annoyance or inconvenience to users of neighboring properties.
F.
Maintenance. The banner, pennant or feather flag shall be maintained in a state of good repair, and pennants, banners or feather flags that are frayed, torn or otherwise in disrepair are prohibited. All deteriorated or hazardous temporary signs are deemed a public nuisance, a threat to the public health and safety, and/or a source of aesthetic blight and shall be immediately removed or replaced. Temporary signs must be removed on or before 60 days or the applicable permit expiration date.
181.5357.
Directional Signage. One directional sign may be placed at each parking entrance or exit and/or at one location to direct customers to a drive-through or other vehicular access point. Directional signs may be located in the required yard setbacks however the location and height of a directional sign is subject to approval for safety by the Building Commissioner, who shall consult with the Police Department and DPW on this matter. No such sign shall exceed three square feet in area nor three feet in height, inclusive of any mount or frame. Business logos and branding are permitted on the sign provided that their use is incidental to the directions on the sign and limited to businesses on premises.
181.5358.
Temporary off-premise signs. Temporary off-premise signs require a permit from the Building Commissioner, subject to the following minimum requirements. Such signs shall not be illuminated nor in excess of 32 square feet. Such signs may only be erected for twenty-one (21) days (14). Such signs may be placed on premise in a location visible and legible from a public way. The applicant for such temporary off-premise signs must secure in writing the permission of the property owner(s) on which the signs are proposed to be located.
181.536 Prohibited Signs in All Districts.
The following signs, permanent or temporary, accessory or nonaccessory, are prohibited in all districts:
181.5361.
All signs consisting of ribbons, streamers, spinners, strings of lights (unless associated with a specific holiday), revolving beacons, searchlights or animated signs.
181.5362.
Signs which flash, rotate, make noise, move, or give the illusion of moving, except for indicators of time and temperature or barber poles.
181.5364.
Abandoned signs.
181.5365.
Signs that contain trivision (multivision) displays.
181.5366.
Temporary signs with digital or electric components.
181.5367.
Signs illuminated by, producing, or containing sparks or open flames.
181.5368.
Signs that imitate or resemble official traffic lights, signs, or signals, or which interfere with the effectiveness of any official traffic light, sign, or signal.
181.5369.
Signs placed on or otherwise attached to:
A.
Trees, shrubbery, or other natural features.
B.
Dumpsters and dumpster enclosures.
C.
Publicly owned and maintained street furniture, the surface of public sidewalks, utility poles, utility boxes, and bollards.
D.
Windows, doors, fire escapes, or any opening required for ventilation or egress, when placed in such a way as to fully cover said features or prevent access or adequate ventilation.
E.
Fences, provided that this prohibition shall apply only to temporary signs.
181.537 Maintenance of Signs.
All signs shall be maintained by the owner of the property on which the sign is located in a safe, clean, sanitary and inoffensive condition, and all freestanding signs shall be kept free and clear of all obnoxious substances, rubbish and weeds. All signs requiring permanent insurance shall be inspected every two years to assure their structural integrity. The owner of the property on which any sign is located shall cause this inspection by a sign installer and shall submit the results of such inspection to the Building Commissioner.
181.538 Compliance with Other Regulations.
All signs shall comply with applicable requirement of the Building Code, the provisions of MGL c. 93, §§ 29 through 33, inclusive, and to MGL c. 93D, § 42-132 and 42-133 of this Code and the rules and regulations of the Superintendent of Wires, in accordance with Article 600 of the Massachusetts Electrical Code. Whenever the requirements of such regulations differ from those prescribed in this chapter, those requirements which impose the greater restriction or higher standard shall govern.
181.541 Purpose.
This section is designed to accomplish the following objectives: to provide a suitable boundary or buffer between residential uses and districts and nearby nonresidential uses; to define the street edge and provide visual connection between nonresidential uses of different architectural styles; to separate different and otherwise incompatible land uses from each other in order to partially or completely reduce potential nuisances such as dirt, dust, litter, noise, glare from motor vehicle headlights, intrusion from artificial light (including ambient glare), or view of signs, unsightly buildings or parking lots; to provide visual relief and a source of shade in parking lots and other areas, and protection from wind in open areas; to preserve or improve the visual and environmental character of the City, as generally viewed from residential or publicly accessible locations; and to offer property owners protection against diminution of property values due to adjacent nonresidential use.
181.542 Applicability.
The requirements of this section shall apply to any nonresidential use, multifamily dwellings and lodging houses and boardinghouses:
181.543 Landscaping Requirements for Property Lines.
Residential districts shall be screened from nonresidential uses by means of plantings or maintenance of trees of a species hardy to the area and appropriate for screening, spaced to minimize visual intrusion, and providing an opaque year-round visual buffer between uses. Such plantings shall be provided and maintained by the owner of the property used for nonresidential purposes. The buffer area may contain walks, sewerage, and wells, but no part of any building structure or paved space intended for or used a parking area may be located within the buffer area. Planted buffer areas along property lines with residential districts shall be of the following minimum depth in each district, which may be reduced by special permit issued by the Planning Board upon a finding that such reduction will not detract from the objectives of this section:
District | DB | IB | NB | C | I/AI | MS |
|---|---|---|---|---|---|---|
Buffer width (feet) | 10 | 10 | 10 | 10 | 20 | 20 |
181.544 Landscaping Requirements for Street Frontage of Nonresidential Uses.
A landscaped buffer area, except for approved access ways, at least 20 feet in width as measured from the layout of the roadway providing frontage, shall be established. The buffer area shall be planted with grass, medium height shrubs, and shade trees. Shade trees shall be planted at least every 35 feet along the road frontage.
181.545 Planted Area Requirements.
Planted areas shall contain an appropriate mix of the following types of plants. Plant species shall be appropriate to proposed use, siting, soils, and other environmental conditions. Where the Planning Board determines that the planting of trees is impractical, the permit applicant may substitute shrubbery for trees.
181.5451.
Shrubs and hedges shall be at least 2 1/2 feet in height at the time of planting, and have a spread of at least 18 inches.
181.5452.
Grass is preferable to mulch where practical.
181.5453.
Existing trees with a caliper of six inches or more shall be preserved wherever feasible.
181.5454.
Deciduous trees shall be at least two inches in caliper as measured six inches above the root ball at time of planting. Deciduous trees shall be expected to reach a height of 20 feet within ten years after planting. Evergreens shall be a minimum of eight feet in height at the time of planting.
181.546 Coordination with Site Plan Approval.
The Planning Board may require a landscaping plan as part of the overall site plan for the premises. Such landscaping plan shall be at a scale sufficient to determine compliance with the specifications set forth in this section.
181.547 Maintenance of Landscaped Areas.
The owner of the property used for nonresidential purposes shall be responsible for the maintenance, repair and replacement of all landscaping materials installed in accordance with this section. All plant materials required by this chapter shall be maintained in a healthful condition. Dead limbs, refuse and debris shall be promptly removed. Dead plantings shall be replaced with new live plantings at the earliest appropriate season. Bark mulch and nonplant ground surface materials shall be maintained so as to control weed growth.
181.551 General.
No activity shall be permitted in any district unless it shall be in conformity with the standards for environmental protection included herein. The Building Commissioner may require an applicant for a building or occupancy permit to supply, at his expense, such technical evidence as is necessary in support of the application, and may, in connection therewith, and at the applicant's expense, obtain expert advice as necessary to review the plans and proposals of the applicant. After a permit is issued in accordance with this section, continuing compliance is required. When the Building Commissioner suspects a subsequent violation he may, as necessary obtain expert advice, which if the violation is established, shall be paid for by the violator, otherwise, by the City. The following standards are hereby established.
181.552 Noise.
No use shall be permitted within the City which, by reason of excessive noise generated therefrom, would cause nuisance or hazard to persons or property, as set forth in 310 CMR 7.01.
181.553 Solid Waste Storage.
Any accessory receptacle or structure with holding capacity of at least 100 cubic feet for temporary storage or solid or liquid waste materials, including garbage, rubbish, junk, discarded bulk items and similar waste items shall be screened from all adjacent premises, lot lines and streets in accordance with Section 181.54 of this chapter. No such accessory receptacle or structure shall be placed on a sidewalk without written authorization from the Department of Public Works.
181.554 Miscellaneous Standards.
181.5541.
No vibration, odor, light overspill, glare, or flashing shall be detectable without instruments at any lot line of a residential or institutional use.
181.5542.
Cinders, dust, fumes, gases, odors, smoke, radiation, refuse or other waste materials shall be effectively confined to the premises and treated or disposed of in accordance with state, federal, and City laws and regulations.
181.5543.
No process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in excess of 10% in line voltage off the premises.
181.5544.
All activities involving and all storage of inflammable and explosive materials shall be provided with adequate safety devices against hazards from fire and explosion and with adequate firefighting and fire suppression equipment standard in this industry. Burning of waste materials in the open contrary to state law is prohibited.
181.5545.
All materials which may be edible by or attractive to rodents or insects shall, when stored indoors or outdoors, be stored in tightly closed containers.
181.555 Stormwater Management and Erosion Control.
Stormwater management and erosion control shall be conducted in a manner consistent with the requirements of Chapter 154 of the Code of the City of Fitchburg.
181.556 Illumination.
181.5561.
Overspill. Illuminated signs, parking lot lighting, building floodlighting, or other exterior lighting shall be so designed and arranged that their collective result does not create so much light overspill onto adjacent premises that it casts observable shadows, and so that it does not create glare from unshielded light sources.
181.5562.
Unless all the following are met, it will be presumed that the above performance requirements are not satisfied. The Planning Board may grant a special permit for lighting which does not comply with these specifications if it determines that the performance standards of Section 181.5561 will still be met, and if the applicant documents that brightness of any sign or building element will not exceed 20-foot lamberts in residence districts or 50-foot lamberts in other districts. Lighting shall be dark sky compliant.
A.
Internally illuminated signs on the premises collectively total not more than 200 watts unless not exceeding 15,000 lumens.
B.
Externally illuminated signs employ only shielded lights fixed within three feet of the surface they illuminate.
C.
Building floodlighting totals not more than 2,000 watts unless not exceeding 50,000) lumens.
D.
Exterior lighting fixtures other than signs are mounted not more than 20 feet high.
E.
Lighting shall be dark sky compliant and not have a temperature of more than 3,000 Kelvin.
181.561 Residential Districts.
181.5611.
Mobile food operations, as defined in Section 181.10, are permitted to operate in all residential districts by special permit of the Planning Board per the requirements of this chapter and licenses under applicable law.
181.5612.
Special permit from the Planning Board is not required for mobile food operations permitted to operate in City of Fitchburg Park property. Mobile food operations are permitted to operate in City of Fitchburg Parks with a permit granted by the City of Fitchburg Board of Parks Commissioners or their designee, and licenses under applicable law.
181.5613.
Mobile food operations may operate for one day in residential districts without a special permit from the Planning Board, with licenses under applicable law.
181.562 Nonresidential Districts.
181.5621.
Mobile food operations are permitted to operate in all other nonresidential zoning districts, as of right, by the requirements as specified in this chapter, Section 181.313, Table of Principal Use Regulations, and licenses under applicable law, subject to the ability to maintain compliance with parking, safety and accessibility requirements of the principal uses on the site. Residences located in nonresidential districts shall comply with Section 181.561, Mobile Food Operation in Residential Districts.
181.5622.
Mobile food operations are permitted to operate on privately owned land if evidence of ownership, lease, or special permission from the property owner is provided to the Office of the Building Commissioner,
181.5623.
Mobile food operations are permitted to operate in City of Fitchburg Parks with a permit granted by the City of Fitchburg Board of Parks Commissioners or their designee, and license under applicable law.
181.5624.
Mobile food operations may be authorized to operate on all other publicly owned land by permission of the Office of the Building Commissioner and licenses under applicable law.