Framingham City Zoning Code
ARTICLE IV
Dimensional Regulations
§ 435-23 General parking regulations.
A.
Purpose and intent. In order to promote desirable community planning, minimize traffic congestion, air pollution, and the risk of motor vehicle and pedestrian accidents, design of all off-street parking, loading spaces, circulation, and access shall be required to protect or enhance the desired character of a given center, neighborhood or corridor. Moreover, the intent of the general parking regulations section (§ 435-23) and off-street parking section (§ 435-24) is to:
(1)
Promote a "park once" environment that will encourage shared parking and enable users to conveniently park and access a variety of commercial and civic enterprises in pedestrian-friendly environments;
(2)
Ensure there are adequate parking and loading facilities to serve the use or uses of a site;
(3)
Ensure that parking facilities are designed to provide proper circulation, reduce hazards to pedestrians, and protect the users of adjoining properties from nuisance caused by the noise, fumes, and glare of headlights which may result from the operation of vehicles parking off-street;
(4)
Reduce street congestion and contribute to traffic safety;
(5)
Encourage alternate modes of travel that will reduce dependence upon the single-occupancy automobile, including requiring bicycle parking areas;
(6)
Reduce fragmented, uncoordinated, inefficient, single-purpose parking;
(7)
Avoid adverse parking impacts on neighborhoods adjacent to redevelopment areas;
(8)
Provide flexibility for redevelopment of small sites;
(9)
Encourage low-impact development (LID) techniques such as pervious paving and natural infiltration systems, where appropriate; and
(10)
Provide sufficient off-street parking space to meet the needs of persons employed at or making use of a site.
B.
Applicability. The regulations of this article shall not apply to parking or loading facilities in existence or for which building permits have been issued before the first publication of notice of the public hearing on this article, provided such facilities conformed with all applicable regulations in effect when established and provided the use of the structure served by the parking facility does not change. Any parking or loading facility accessory to a new or substantially altered or substantially improved structure, or accessory to a new use of an existing structure, or the new construction or expansion of a parking or loading facility shall be subject to the requirements of Article IV. No building permit or certificate of occupancy for a new structure, or a change in use, or substantial alteration or substantial improvement of an existing structure shall be approved by the Building Commissioner unless off-street parking and loading facilities have been laid out and approved in accordance with the requirements set forth in this article.
C.
Reduction of existing spaces. Off-street parking and loading facilities provided in connection with an existing use on the effective date of this article, or provided in accordance with this article subsequent to such date, shall not be reduced in total extent after their provision, except when such reduction is in accordance with the requirements of this article.
D.
Conformance with use regulations.
(1)
Means of access. Access through a residential zone to nonresidential zones shall be prohibited except by a public way.
(2)
Parking facility. No land area shall be used for an off-street parking or loading facility which is accessory to a use or structure prohibited in the district in which the off-street parking or loading facility would be located.
§ 435-24 Off-street parking.
A.
Number of spaces required.
(1)
Table of Off-Street Parking Regulations. Off-street parking facilities shall be provided for each type of use in accordance with the following table:
Table Of Off-Street Parking Regulations | ||
|---|---|---|
Principal Use | Minimum Number of Parking Spaces1 | |
1. | Single-family dwelling | 2 per dwelling unit |
2. | Two-family and multifamily dwellings | 2 per dwelling unit |
3. | Assisted living; congregate living housing | 1 per dwelling unit, plus 1 per employee |
4. | Lodging house; hotel or motel | 1 per unit, plus 1 per 2 employees |
5. | Golf course or country club | 50 per 9 holes, plus 1/2 the requirements for restaurant, club or recreation facility specified below |
6. | Health club; entertainment, amusement or recreation facility2 except theater | 1 per 3 occupants or, in the case of a nonstructural facility, 1 per 3 persons the facility is intended to accommodate |
7. | School or day-care facility2 | 1 per 4 occupants, plus 1 per 2 employees |
8. | Group residence | 1 per 3 occupants |
9. | Restaurants, clubs, theaters and other similar places of assembly | 1 per 3 occupants, plus 1 per 2 employees |
10. | Fast-food establishments | 1 per 2 occupants, plus 1 per 2 employees |
11. | Licensed nursing, rest, or convalescent home | 1 per 4 occupants, plus 1 per 2 employees |
12. | Hospital | 1 per 750 square feet of gross floor area |
13. | Church, library, museum, cultural and educational centers or similar place of assembly | 1 per 8 occupants, plus 1 per 2 employees |
14. | Offices of a physician, veterinarian, chiropractor, dentist or similar medical practitioner; or clinic | 1 per 150 square feet of gross floor area |
15. | Nonmedical offices | 1 per 250 square feet of gross floor area |
16. | Bank | 1 per 175 square feet of gross floor area, plus 1 per 250 square feet of gross floor area for areas not devoted to customer service |
17. | Commercial greenhouse | 1 per 50 square feet of public floor area, plus 1 per 2 employees |
18. | Service establishment | 1 per 200 square feet of gross floor area |
19. | Retail services | 1 per 200 square feet of gross floor area |
20. | Regional shopping center (a center with at least 500,000 square feet of gross leasable area) | 1 per 200 square feet of gross leasable area |
21. | Automobile repair, gasoline service station or other workshop | 1 per 400 square feet of gross floor area, plus 1 per bay |
22. | Automobile sales or rental | 1 per 250 square feet of gross floor area |
23. | Other business, institutional or professional uses not specified | As determined by the Planning Board, but not less than: 1 per 200 square feet of gross floor area, plus 1 per 2 employees |
24. | Wholesale or nonretail business; warehouse or other storage facility | 1 per 1,200 square feet of gross floor area |
25. | R&D establishment, manufacturing, industrial services, or extractive industry | 1 per 800 square feet of gross floor area |
26. | Funeral home | 1 per 50 square feet of gross floor area |
27. | Car wash | 1 per employee |
28. | Renting rooms or taking boarders in single-family dwellings | 1 per room offered for rent |
29. | Dormitory2 | 1 per bed |
30. | Home occupation or home office | 1 per room used for office or occupation space, plus 1 per nonresident employee |
1 | When used to calculate the number of parking spaces required, "occupants" means design occupancy load as determined by the State Building Code, and the number of employees shall be construed as the maximum number of persons employed on the premises at any one time. |
2 | Any such facility intended primarily for children under driving age may provide only one-half the specified requirement. |
(2)
The Building Commissioner shall determine the off-street parking requirement where no off-street parking minimum has been designated for a specific use in § 435-24A(1) herein and the use is not comparable to any of the listed principal uses. Applicants may submit a parking analysis completed in accordance with the standards set by the Institute of Transportation Engineers (ITE), the Urban Land Institute (ULI), and/or other comparable source, in addition to information regarding the capacity of the building and/or facility, other like uses, and/or analysis of associated uses.
(3)
Fractional numbers. When a calculated number of off-street parking spaces yields a fractional number, the number of off-street parking spaces is rounded up to nearest whole number.
(4)
Maximum number of off-street parking spaces. The total number of off-street parking spaces shall not be greater than 125% of the minimum number of off-street spaces for a given use, in accordance with § 435-24A(1) herein. The maximum number of required off-street parking spaces shall not be less than one per unit of measurement (beds/units/gross square feet/employees). Except for off-street parking spaces contained within an off-street parking structure, such footprint of a structure containing one or more uses, including rooftops, at-grade or below-grade, spaces shall not be counted towards the maximum. Structured off-street parking facilities are strongly encouraged.
(5)
Reduction in the required number of off-street parking spaces. The Planning Board may grant, by special permit, a reduction in the required number of off-street parking spaces where deemed appropriate. Project proposals are encouraged to provide shared parking, cooperative parking, bicycle accommodations, increase in stormwater facilities (low-impact design, best management practices, etc.), land-banked parking spaces, consolidation of curb cuts and driveways, and other on-site amenities to alleviate the demand for parking as well as to mitigate the adverse impacts of impervious surfaces. Requests for reductions in off-street parking spaces shall be accompanied with an analysis of off-street parking demands. Examples of an acceptable analysis report include, but are not limited to, the following: parking management summaries or other similar use parking demand studies and/or reports accepted by the Planning Board; parking program summaries to reduce parking demand, and any other documentation necessary to adequately review the request for the reduction in the required number of off-street parking spaces. Such documentation may be prepared in accordance with the standards by the Institute of Transportation Engineers (ITE), the Urban Land Institute (ULI) or other appropriate source.
(6)
The Planning Board may grant a special permit for a reduction in the required number of off-street parking spaces if the reuse or change in use of an existing building with existing off-street parking does not conform to this section. The Planning Board's findings must include the following:
(a)
The existing off-street parking area constitutes the most reasonable method of providing off-street parking for the building and provides adequate off-street parking spaces for the use.
(b)
No other land is available as a practical matter for off-street parking purposes.
(c)
Public safety will not be compromised.
(d)
Reasonable alternative design is proposed and the applicant has made every effort to meet the intent of the off-street parking regulations.
(e)
Adverse impacts on the abutters or the character of the neighborhood will be satisfactorily mitigated.
(7)
Parking programs for reductions in off-street parking. One or more of a combination of the following off-street parking reduction programs may meet off-street parking requirements. The use of an off-street parking reduction program may be permitted for a principal use to be compliant with the Table of Off-street Parking Regulations herein. A reduction in the required number of off-street parking spaces shall require a special permit from the Planning Board, at which time the applicant shall demonstrate need for the requested reduction. Off-street parking spaces for each use shall only be counted once, unless shared with a use with an opposite peak demand utilizing the space. If an approved off-street parking reduction program is significantly modified or is otherwise terminated, the use shall be considered nonconforming; any and all approvals shall be subject to revocation. Expansion or continuance of the use, building, and/or facility shall be prohibited unless the use is brought into compliance with the off-street parking regulations, § 435-24. The applicant shall be required to post a performance bond of 20% of the annual lease agreement for the use of the off-street parking facility.
(a)
Cooperative parking and shared parking.
[1]
A cooperative parking facility may be employed for one or more individual uses. A cooperative parking facility shall be located at an off-street parking facility that is not located on the same property as the intended uses, building, and/or facility site or on a direct abutter's property. The cooperative parking facility shall be located within 1,000 feet from the use, building, and/or facility in which it is intended to serve and shall be measured along a pedestrianway. The total requirement for off-street parking shall be the sum of all individual uses unless it can be shown that the peak off-street parking demands for each use are able to be offset by sharing spaces.
[2]
Shared off-street parking areas shall be located on the property of use or property directly abutting the use. The total requirement for off-street parking shall be the sum of all individual uses unless it can be shown that the peak off-street parking demand for each use is offset and spaces can be shared.
[3]
Cooperative and shared off-street parking facilities shall provide a notarized written lease agreement between the owners and/or lessees, which shall be executed for a minimum of 10 years. A copy of the lease agreement shall be provided to the Planning Board Administrator and City Solicitor for review. Said copy of the lease agreement shall be maintained in the project file.
(b)
Shuttle service. A reduction of required off-street parking spaces may be granted based on substantiated projections of reduction in parking demand, or for any building or use that institutes and maintains a continuous, personalized shuttle service. The applicant shall provide a plan note on all plan submittals that the shuttle service plan has been permitted by the Planning Board and the justification for allowing or requiring the deviation and/or conditions of approval.
(c)
Car-sharing program. A car-share program may be utilized for up to 5% of the required number of off-street parking spaces. The active car-sharing program may be made available to residents and/or employees where cars for the car-share program are available on the site or within a 700-foot walking distance of the use, building, and/or facility.
(d)
Carpooling/vanpooling. A reduction of up to 15% of the required off-street parking spaces, based on substantiated projections of reduction in parking demand, may be granted for any building or use exceeding 50,000 square feet of gross floor area that institutes and maintains a locally approved carpooling/vanpooling program. The applicant shall note on plan submittals the carpooling/vanpooling plan and justification for allowing or requiring the deviation and/or conditions of approval as indicated by the Planning Board.
(e)
Proximity to a rail transit station. The Planning Board may approve a reduction in the minimum number of required off-street parking spaces for nonresidential and/or residential uses where the main entrance of the use, building, and/or facility is located within a half-mile walking distance of a rail transit station.
B.
Dimensional off-street parking facility regulations. Off-street parking facilities shall be designed to ensure safe, adequate, and convenient access and circulation for all users. These dimensional off-street parking requirements shall be adhered to except where the applicant can adequately demonstrate that a lesser standard is necessary or appropriate due to topography, location of existing or proposed structure, lot configuration, and/or the need to preserve existing trees and natural vegetation. When relief is indicated to be necessary, the Planning Board, at its discretion, may grant a special permit. All off-street parking facilities shall comply with the dimensional off-street parking requirements herein.
(1)
Minimum parking dimensions for stalls, aisles, sidewalks, and crosswalks.
(a)
The minimum dimensions of stalls shall be as follows for standard off-street parking spaces:
Angle of Parking Space | Width of Parking Space (feet) | Length of Parking Space (feet) |
|---|---|---|
Parallel | 9 | 22 |
45° angle | 12 | 20 |
60° angle | 11 | 21 |
90° angle | 9 | 18 |
(b)
The minimum dimensions of drive aisles, sidewalks, and crosswalks shall be as follows for standard off-street parking facilities:
Traffic Circulation | Total Width of Drive-Aisle (feet) | Sidewalk Width (feet) | Crosswalk Width (feet) |
|---|---|---|---|
1-way circulation for drive aisles with no parking spaces | 11 | 5 | 6 |
2-way circulation for drive aisles with no parking spaces | 22 | 5 | 8 |
1-way circulation with parking spaces | 24 | 5 | 6 |
2-way circulation with parking spaces | 28 | 5 | 8 |
(2)
Dead-end aisle. Off-street parking areas should be designed to prevent creating dead ends. A sufficient area must be provided for an unimpeded turnaround if no other design alternative exists.
(3)
Parking for disabled persons. Off-street parking spaces for persons with disabilities shall comply with current ADA accessibility guidelines and the Architectural Access Board of the Commonwealth of Massachusetts. Accessible off-street parking spaces shall be a minimum of eight feet wide with an adjacent access aisle at least five feet wide. Accessible parking spaces shall be designated as reserved for the disabled by corresponding signage and appropriate pavement markings for each space.
[Amended 4-30-2024 by Ord. No. 2024-025-001]
(4)
Tandem parking spaces.
(a)
Off-street parking facilities shall be designed so that each motor vehicle may proceed to and from the parking space provided for it without necessitating the movement of any other motor vehicle.
(b)
A special permit may be granted at the discretion of the Planning Board for the following circumstances:
[1]
Stacked and/or valet parking where an attendant is present to move vehicles. A written, notarized guarantee must be filed with the Planning Board Administrator if stacked parking is used for the required number of off-street parking spaces to ensure that an attendant will always be present when the lot is in operation. Stacked and/or valet off-street parking may be permitted to reduce the required area of a parking space to eight feet by 16 feet.
[2]
Tandem parking for a two-family, multifamily, mixed-use residential project or dedicated, employee-only off-street parking facility may be permitted.
(5)
Shopping plaza and regional shopping centers. Off-street parking spaces that are perpendicular to retail storefronts may decrease the stall size to eight feet by 16 feet with proper signage noting the decrease in stall size.
C.
Location of driveways and off-street parking spaces.
(1)
Location of entrance/exit driveway.
(a)
Driveways shall be set back a minimum of 100 feet from an intersection or blind bend in the roadway. Where possible, the use of joint-access driveways, connector roadways, or the consolidation of driveways is strongly encouraged for all projects.
(b)
Any establishment that may have lines of vehicles queuing for admission or service shall be required to provide sufficient on-site space for such lines of queuing without requiring vehicles to stand on any public way. The queuing of vehicles on a public way shall not be permitted.
(2)
Location of off-street parking spaces. To the greatest extent feasible, off-street parking spaces shall be located to the side or rear of the building and/or use. Off-street parking spaces shall not be located within the front building setback of the property or between the building and a public street. The Planning Board may grant a special permit at its discretion to allow a maximum of 15% of the required off-street parking spaces to be located between the building and the front setback line if either of the following conditions is met:
(a)
In lieu of allowing the required parking within the front setback of the building, the applicant shall provide the equivalent of 20% of the area of the off-street parking spaces to the side or rear of the building, such area to be utilized for open space and or pocket parks. (Example: 15 parking spaces, 9 x 18 = 162 x 15 = 2,430 x 20% = 486 square feet uses as open space/pocket park); or
(b)
A special permit may be granted for off-street parking spaces located within the front of a building, only if solar carports are installed over the total number of parking spaces permitted in the front setback of the building. The solar carport spaces can be located over any of the off-street parking spaces on-site, as long as the number of off-street parking spaces that are permitted in the front equals the number of spaces covered by a solar carport on-site. Where sites do not permit parking to the side or rear of the building for its use and only parking in the front of the building is available on the site, the applicant shall provide a landscaped buffer running the length of the parking lot that is a minimum of 15 feet in width between the public roadway and the parking lot.
(3)
Residential front yard off-street parking in residential zoning districts. Required off-street parking spaces in any residential zoning district shall not be located within a required front yard setback. Furthermore, no paved area shall be allowed within a required front yard setback area abutting a public street except where such paved area abuts an alley and/or access drive. This prohibition of paved off-street parking spaces extends from the edge of the public right-of-way into the required front yard setback for the entire width of the dwelling unit except in cases of front-loading garages. Only during winter parking bans will off-street parking within a front yard setback be allowed.
(4)
Drive aisles and driveways layout.
(a)
Driveways and off-street parking areas shall be designed to allow for the free flow and access of vehicles at all times.
(b)
Driveways and off-street parking areas shall be designed to reduce conflicts between vehicles, bicycles, and pedestrians. Off-street parking areas shall be designed for all users.
(c)
Locations for deliveries shall be designed so as not to block off-street parking spaces, flow of vehicles within the site, or pedestrian activity.
(d)
The layout of the off-street parking area shall allow for sufficient space for the storage of snow during the winter months. The minimum required number of off-street parking spaces shall not be used for snow storage unless the required off-street parking spaces have been landbanked. Snow storage shall not be located within off-street parking spaces or obstruct sight lines for persons operating vehicles on and adjacent to the site. The applicant will remove excess snow from the site as may be necessary within 48 hours after the snowfall ends, in order to preserve public safety. In order to preserve public safety, snow storage shall be on-site in the snow storage areas designated on the final approved site plan.
D.
Off-street parking facility design standards.
(1)
All off-street parking areas and driveways shall be maintained, in perpetuity, as follows:
(a)
The footprint of surface off-street parking spaces shall not exceed the gross floor area of the building. In the event that the off-street parking area must exceed the gross floor area of the building, the Planning Board shall require the difference between the off-street parking area and the gross floor area to be constructed as pervious parking spaces (example: 35 off-street parking spaces 9 feet by 18 feet = 162 x 35 = 5,670 square feet; building gross square feet = 4,000; 5,670 - 4,000 = 1,670/162 = 10.30 off-street parking spaces shall be constructed with a pervious material).
(b)
All off-street parking facilities shall contain a dust-free, all-weather surface that properly drains and disposes of all surface water in perpetuity. Off-street parking areas that are not required for year-round use but are used only occasionally during the year shall be maintained in perpetuity with grass, pervious pavers, or other best management practice (BMP) feature(s), unless deemed prohibitory due to natural resources and/or within an environmentally sensitive area.
(c)
All off-street parking facilities shall incorporate complete streets infrastructure as outlined in the Framingham Complete Streets Policy. Furthermore, all projects shall be accessible to all users of different ages, abilities, and modes of transportation.
(d)
Required off-street parking spaces shall be clearly striped in white, marked, and one-way driveways shall have the direction of travel clearly indicated both on the pavement and through signage (directional signs should not be internally illuminated).
(e)
Required off-street parking areas shall be used for vehicle parking only. Neither the parking of vehicles nor any accessory uses of vehicles for sale, storage, repair work, dismantling, and/or service of any kind shall be permitted. Examples of prohibited parking uses are construction and landscape business and/or yard trucks and trailers, vehicles for sale, repair, or tow storage.
(f)
Parking areas shall be graded, surfaced with asphalt, concrete, or other suitable nonerosive material, and drained in a manner deemed adequate by the Planning Board to prevent nuisance of erosion or excessive water flow across public ways or abutting properties, and natural drainagecourses shall be utilized insofar as possible.
(g)
Curbing, with the addition of guardrails wherever deemed necessary by the Planning Board, shall be placed at the edges of surfaced areas, except driveways, in order to protect landscaped areas and to prevent the parking of vehicles within required setback areas. Entrance and exit driveways shall be clearly defined by curb cuts, signs, and striping. All curbing installed within the public way of such driveways shall be of granite.
(h)
Off-street parking areas and driveways shall be designed to illuminate areas with shielded lights that are arranged to prevent glare and light spillover onto abutting buildings, properties, or other natural areas.
(2)
Off-street parking facility lighting. All off-street parking facility lighting shall comply with Chapter 525, Planning Board Rules and Regulations, site lighting, as may be amended from time to time. Lighting shall not be directed or focused such as to cause direct light from the luminaire to be cast toward buildings on adjacent or nearby land, or to create glare perceptible to persons operating motor vehicles on public ways. The luminaire shall be redirected, shielded, or its light output controlled as necessary to eliminate such conditions. There shall be no light trespass by a luminaire beyond the property boundaries of the lot on which it is located. Further, lighting shall be designed to complement the character of the City or neighborhood.
(a)
A photometric plan shall be submitted to the reviewing authority for new or redevelopment projects. The photometric plan shall include the location, height, shield type, and lumen rating for all of the existing and/or proposed outdoor luminaires.
(b)
Light fixtures shall use energy-efficient technology and alternative energy sources where feasible.
(c)
Wall-mounted fixture. A wall-mounted fixture attached to the exterior of a building or structure for area lighting at a maximum mounting height of 15 feet above the finished grade may be allowed if it is determined such action is in the public interest. A wall-mounted fixture shall be shielded to control glare.
(d)
Pole-mounted fixture.
[2]
All bases shall be set above the frost line but no higher than six inches above finished grade. The base of the pole shall be capped and exposed bolts are not permitted. Lamp(s) of up to 1,200 watts per pole-mounted fixture and up to four pole-mounted fixtures per luminaire are allowed. Exposed bases shall be of a natural color or tinted to match the color of the light pole.
(e)
Ceiling-mounted fixture. A luminaire mounted on an exterior ceiling such as under a canopy shall be mounted with the refractor or lens flush with or recessed in the ceiling or fixture.
(f)
Security lighting.
[1]
Low-level lighting sufficient for the security of persons or property on the lot is permissible, provided the average illumination on the ground or on any vertical surface is not greater than 0.5 footcandle.
[2]
The Planning Board may impose reasonable requirements or limitations to minimize the impacts on abutting properties or uses based upon the nature of the application. The Planning Board reserves the right to limit and regulate the amount and timing of illumination on a project site.
[3]
Light trespass from a site is prohibited for both new and existing lighting. The applicant shall have a lumen of zero at all lot lines.
(g)
Lighting shall be designed not to exceed the light levels necessary for the use and location. Lighting shall be designed to provide a safe and adequately illuminated outdoor area.
(h)
All luminaires must be fully shielded to decrease levels of light trespass onto adjacent properties, roadways, or environmentally sensitive areas.
(i)
Strobes, searchlights, flashing lights, and laser illumination are prohibited.
(3)
Sidewalks and crosswalks.
(a)
Sidewalks within a nonresidential off-street parking facility shall be a minimum of five feet in width and constructed of concrete or pervious material. Sidewalks shall be designed not to permit vehicle bumpers to overhang the sidewalk.
(b)
Crosswalks within an off-street parking facility shall be a minimum of eight feet in width and constructed of colored, stamped concrete with contrasting color from the pavement. Stamped concrete shall not be painted but shall be entirely of a solid color. Raised crosswalks are strongly encouraged in areas of high volume.
(c)
Sidewalks and crosswalks within the off-street parking facility shall be constructed to ADA and Architectural Access Board standards.
[Amended 4-30-2024 by Ord. No. 2024-025-001]
(d)
Sidewalks and pedestrianways shall be designed for all users, with appropriate lighting and light levels.
(e)
Telephone poles and light poles shall not be placed within the sidewalk.
(4)
Best management practices and alternative energy.
(a)
Low-impact development (LID), best management practices (BMP), and energy-efficient features shall be utilized throughout the site.
[Amended 4-30-2024 by Ord. No. 2024-025-001]
(b)
Maximum on-site stormwater infiltration shall be achieved through BMP stormwater management techniques, such as pervious pavement and pavers, slits in curb cuts, catch basins under pocket parks and open space, rain gardens, etc.
(c)
Solar carports and the use of solar technology is strongly encouraged as part of site design.
(5)
Special permit for dimensional relief to off-street parking design standards. A special permit may be granted by the SPGA to alter the design standards for parking facilities as set forth within § 435-24. Any space saved under a special permit for dimensional relief to off-street parking design standards shall be used for landscaped open space in addition to that required in this chapter.
E.
Off-street parking landscaping and open space.
(1)
Surface off-street parking lot landscape requirements. For new parking lots, a minimum of one three-and-one-half-inch caliper tree shall be planted for every 27 feet of the total width of all off-street parking spaces required for a project, plus one shade tree shall be planted for every five off-street parking spaces required for the off-street parking facility. For existing parking lots, one shade tree shall be planted for every five off-street parking spaces required for the off-street parking facility. These trees shall be located within the off-street parking area and shall not be counted towards the required number of street trees as required in § 435-47E(5) herein. If the applicant can successfully demonstrate that the site cannot adequately provide for the required number of off-street parking facility trees, the applicant may gift to the Department of Public Works the required number of off-street parking facility trees, or the applicant may contribute the cash equivalent of the trees to the City, which shall be deposited within the City's Open Space Maintenance Account. A minimum of three shrubs shall be planted for every two parking spaces and located within the off-street parking facility area.
(2)
Requirements for structured parking lots.
(a)
Minimum requirements for trees and shrubs.
(b)
Parking lots shall be broken up into sections containing no more than 40 off-street parking spaces while containing integrated landscaping and bioretention features.
(c)
The use of bioswales, pervious pavers and pavement, underground storage and infiltration of stormwater systems/facilities, green roofs, rainwater use for irrigation, shared parking/stormwater facilities, and/or rain gardens shall be incorporated into the site.
(d)
A landscaping performance bond in the amount equivalent to 20% of the total landscaping cost is required for all installed landscaping. The landscaping performance bond shall be held for two years and returned to the applicant upon final inspection by the Planning Board Administrator or peer review consultant.
(e)
Internal off-street parking area landscape requirements.
[1]
For off-street parking areas.
Off-Street Parking spaces | Percentage of Area Designed for Off-Street Parking Facility to be Landscaped* |
|---|---|
<6 | 5% |
7 to 20 | 10% |
21> | 15% |
* | This shall be in addition to the required number of off-street parking facility trees. Landscaping within the end islands, pocket parks, and landscaped pedestrian areas may be counted towards this requirement. |
[2]
End islands shall be provided at the ends of each row of parking for all off-street parking areas and shall be a minimum of eight feet wide and equivalent to the length of the off-street parking spaces which they are intended to protect. A minimum of one shade tree shall be planted using best practice to ensure maximum survival of the tree. Where possible, the island shall be T-shaped with the shade tree placed in the center of the end island. Pedestrianways may be constructed as part of the required end island.
[Amended 4-30-2024 by Ord. No. 2024-025-001]
[3]
Landscaped pedestrian islands.
[a]
For off-street parking areas with 50 or fewer off-street parking spaces, a landscaped pedestrian island, a minimum of eight feet in width, shall be provided between four rows of off-street parking spaces.
[b]
For facilities with 51 or greater off-street parking spaces, a landscaped pedestrian strip shall be required to separate every four rows of off-street parking spaces. Such landscaped pedestrian strip shall be a minimum width of 15 feet and shall contain a five-foot-wide sidewalk, pedestrian sitting area, and adequate landscape buffering for pedestrian use.
[c]
Vehicle bumper overhang in end islands, landscaped islands, and in landscaped pedestrian strips shall be discouraged through the use of curbing, landscaping, wheel stops, and/or bollards.
[d]
The Planning Board may grant a waiver by a four-fifths vote to permit an applicant to provide an alternative design that may combine the required landscaped pedestrian strips into a larger single or multiple landscaped pedestrian strip.
[4]
Plantings within the off-street parking area shall be appropriate native species or an approved hybrid species.
[5]
Off-street parking areas and drive aisles shall be designed and screened with landscape features to minimize and prevent headlight glare, light reflection and other negative visual impacts onto adjacent properties, as well as to maximize shade and provide a buffer to minimize noise pollution.
(3)
Open space.
(a)
Land-banked off-street parking areas.
[1]
The Planning Board may require that an area be preserved and identified as "land-banked parking spaces" equivalent to the total amount or a portion of the reduced number of off-street parking spaces on the site plan.
[2]
Each land-banked parking space shall be equal to nine feet by 18 feet.
[3]
The land-banked parking space shall be properly designed as an integral part of the overall parking plan, and in no event shall any land-banked parking space be located within the front or side yard setbacks, unless permitted within the zoning district.
[4]
At the request of the Planning Board, the applicant may be required to provide a parking monitoring program in order to determine if and when the land-banked parking spaces are needed.
[5]
If, after the issuance of a certificate of occupancy, the Planning Board or the applicant finds that all or a portion of the land-banked parking spaces are needed, the applicant shall submit a written request for a minor modification to the site plan, stating such need and, if approved, denote the revision on the site plan of the un-land-banked parking spaces.
(b)
Pocket parks. The applicant will be encouraged to provide a minimum of two off-street parking spaces as a pocket park in the following districts: A nonresidential use located within a Single Family (R-1, R-2, R-3, and R-4) Zone, General Residence (G) Zone, Neighborhood Business (B-1) Zone, Community Business (B-2) Zone, or the Office and Professional (P) Zone with 15 or more off-street parking spaces. Spaces shall be landscaped with accessories such as benches and tables.
(c)
Parking for trails. When an off-street parking facility is within 100 feet of a public trailhead, the applicant may be required to provide two off-street parking spaces. Appropriate signage for trail parking shall be provided by the City. Overnight parking shall not be permitted for these parking spaces with signage indicating same.
F.
Maintenance of parking areas.
(1)
No required parking facility shall be used for servicing, repair, storage, or display of merchandise or vehicles for sale or rental or for any other purpose that interferes with its availability for required parking.
(2)
Parking facilities and required screens and landscaping shall be continuously maintained in good condition and appearance through regular fertilization, pest control, pruning, and irrigation. Whenever necessary, surfacing, lighting, barriers, markings, and planting materials shall be repaired or replaced with new materials to ensure continued compliance with provisions of this section. Failure to maintain the same shall be considered a violation of this section and shall be subject to the enforcement procedures contained in Article VI herein.
G.
Bicycle parking.
(1)
Bicycle parking spaces shall be provided for all new buildings, addition or enlargement to an existing building, or for any change in the occupancy of a building that results in the need for additional vehicle parking spaces. Bicycle parking spaces shall not be required for single- or two-family residences, funeral establishments, automotive repair or body shops, or car washes.
(2)
Bicycle parking spaces required.
(a)
For multifamily residences, college dormitories, neighborhood cluster development (§ 435-38), or active adult housing (§ 435-36) development projects, a minimum of two bicycle parking spaces per 10 dwelling units shall be provided. Projects within 200 feet of a public transit station (e.g., train, bus, etc.) shall provide a minimum of two bicycle parking spaces per five dwelling units.
(b)
For all nonresidential surface parking lots, there shall be two bicycle parking spaces provided for every 10 off-street parking spaces required, under § 435-24A(1) herein.
(c)
For all structured parking facilities, a minimum of four bicycle parking spaces shall be provided per floor.
(d)
After 25 bicycle parking spaces have been provided for a use, additional spaces are required at one-half of the requirement.
(e)
The Planning Board may reduce the required number of bicycle parking spaces by a majority vote if the applicant can demonstrate to the Planning Board's satisfaction that fewer bicycle parking spaces are required.
(3)
Design criteria for bicycle parking spaces.
(a)
Where possible, bicycle parking spaces that serve long term or extend stay should be located under a shelter, within a building, or other structure that protects the entire bicycle from the elements.
(b)
Bicycle parking spaces are to be located in a safe, illuminated, and convenient location on a paved area.
[1]
For all commercial projects requiring 10 or fewer bicycle parking spaces, spaces shall be located within a reasonable distance of the main entrance of the building.
[2]
For all commercial projects requiring 10 or more bicycle parking spaces, 50% of the required bicycle parking spaces shall be located within a reasonable distance of the main entrance of the building.
[3]
For all residential projects requiring bicycle parking spaces, spaces shall be located within a central location within the project.
(c)
All bicycle racks must be securely anchored to the ground, designed to accommodate both chain and U-shaped locking devices, and support a bicycle frame in two locations.
(d)
Bicycle parking spaces shall be sufficiently separated from motor vehicle parking areas to protect parked bicycles from damage by motor vehicles. The separation may be accomplished through grade separation, distance or physical barriers, such as curbs, wheel stops, poles, vegetation, or other similar features.
(e)
Each ground-mounted bicycle parking space shall be a minimum two feet in width by six feet in length.
(f)
Each vertical bicycle parking space shall be a minimum of 44 inches in width by 66 inches in length, with six feet clearance.
(g)
Bicycle parking spaces shall have a minimum aisle width for the following:
[1]
A minimum five-foot-wide pedestrian aisle behind bicycle parking spaces;
[2]
A minimum 60 inches spacing between the central upright post of the bicycle racks that are side-by-side and 96 inch spacing between the central upright post of the bicycle racks for bicycle racks that are end-to-end;
[3]
A minimum thirty-six-inch aisle between the central upright post of the bicycle rack and a parallel wall or other obstruction;
[4]
A minimum thirty-inch aisle between the central upright post of the bicycle rack and a perpendicular wall; and
[Amended 4-30-2024 by Ord. No. 2024-025-001]
[5]
A minimum 14 feet from a curbside fire hydrant and six feet from a wall fire hydrant.
(h)
Bicycle parking racks and hardware shall be installed according to their manufacturers' instructions and maintained in perpetuity.
H.
Structured parking.
(1)
Structured parking and underground parking garages are strongly encouraged throughout Framingham.
(2)
Structured parking garages should be designed to blend in with the abutting structures, through the use of architectural features and similar facade materials.
(3)
The facade of above-grade structured parking garages with residential, commercial, and/or office components on top of the structure shall be designed to mask the structured parking garage and incorporated as part of the building.
(4)
Where possible, structured parking garages shall be located within the center of a project.
I.
Special provisions for Neighborhood Business District.
(1)
Purpose. The purpose of this subsection is to further the intent of the Neighborhood Business District (B-1), which is to reinforce the historic development pattern of Framingham's traditional commercial centers.
(2)
Exemption by special permit. In the Neighborhood Business District, a special permit may be granted to exempt parking facilities from the minimum number of spaces required in § 435-24A(1) herein, and from the proximity requirements specified in § 435-24B(1) herein. The Planning Board shall be the SPGA for special permits under this subsection.
(3)
Contents of application.
(a)
An application for a special permit under this subsection shall include a parking plan, including all information specified in § 435-47D(1)(j) and (k), regardless of the number of parking spaces proposed to be provided; or, if the proposed development is subject to the major site plan review provisions of this chapter, an application for site plan review.
(b)
Where off-street parking facilities are to be provided upon private premises not owned by the applicant, an application for a special permit under this subsection shall also include executed instruments establishing to the satisfaction of City Solicitor that the applicant has sufficient legal interest in such premises to assure their permanent availability for off-street parking in connection with the proposed use.
(4)
Procedure for special permit.
(a)
The procedure for application, review, hearing, and decision shall be in accordance with § 435-46.
(b)
The public notice and hearing process required for the special permit application shall be concurrent with the Planning Board's site plan review, if applicable. In the case of a proposed development subject to site plan review, the Planning Board shall hold a combined public hearing for both the special permit and the site plan review application.
(5)
Conditions for approval of special permit. The SPGA shall not approve an application for a special permit under this subsection unless it finds that in its judgment all of the following conditions are met:
(6)
Effect of special permit. A special permit granted under this subsection shall constitute the granting of an exemption from the minimum number of spaces requirement, or the proximity requirement, or both; and shall be deemed to be based on a specific plan or application for site plan review, as applicable. Subsequent amendments to the approved plan or site plan review approval require amendment of the special permit.
J.
Procedure for the issuance of a special permit. The Planning Board may grant a special permit for relief from the provisions set forth in § 435-24C, D, E, G, and H herein. The applicant shall be required to submit appropriate documentation supporting the need for special permits under this subsection. The Planning Board may request additional information and/or a peer review to determine if such special permit shall be granted under this subsection.
§ 435-25 Off-street loading.
A.
Applicability. The requirements of § 435-25, Off-street loading, shall apply to individual users of new and substantially altered structures, provided that when a building existing on the effective date of this article is altered or expanded so as to increase the gross floor area by at least 5,000 square feet, only the additional gross floor area shall be counted toward the off-street loading requirements.
B.
Table of off-street loading regulations.
Principal Use | First Loading Facility Required for Area Shown Below | One Additional Loading Facility Required for Area Shown Below |
|---|---|---|
Institutional uses | 10,000 | 50,000 |
Dormitory and hotel or motel | ||
Recreation and entertainment uses | ||
Restaurant and fast food | ||
Office uses | 15,000 | 50,000 |
Retail services | 5,000 | 20,000 |
Personal and consumer services | 5,000 | 25,000 |
Vehicular services | ||
Industrial uses | ||
Wholesale and storage uses | 10,000 | 25,000 |
C.
Location and design. Off-street loading facilities shall be located and designed in the following manner:
(1)
Loading bays. Each required loading space shall be at least 12 feet wide and 25 feet long, exclusive of drives and maneuvering space, and shall be located entirely on the lot being served. All lighting, surfacing, drainage, and maintenance of loading facilities shall be provided in the same manner as off-street parking facilities, as specified in § 435-24D(1) and (4) and § 435-24F. Loading bays shall be enclosed in a structure if located within 50 feet of a residential district and if the use served by such bay(s) involves regular night operations, such as a restaurant, bakery, hotel, bottling plants, or similar use.
(2)
Exemption by special permit. The Planning Board may modify by special permit the provisions of this section if said Planning Board determines that literal compliance is impracticable due to the nature of the use or the location, dimensions, or grade of the lot.
§ 435-26 Service stations and outdoor auto sales.
Gasoline service stations and outdoor automobile rental or sale, and storage for rental or sale shall be designed according to the following standards:
A.
Location and width of driveways. No portion of a driveway at the street line shall be closer than 10 feet to a side lot line or 20 feet to any portion of another driveway on the same lot. The maximum width of driveways at the lot line shall be 30 feet, and the minimum width 20 feet. The minimum curb radius shall be 15 feet.
B.
Dimensional and landscaping regulations. Such facilities shall be required to provide year-round opaque screening comprised of walls, fences, berms, or evergreen plantings where such facilities abut residential districts or residential uses. In the case of outdoor automobile rental or sale, and storage for rental or sale, such outdoor facilities shall also be subject to the landscaping requirements for parking facilities, as specified in § 435-24E.
C.
Curbing, surfacing, and lighting. A raised curb at least six inches high shall be constructed along all lot lines abutting a street except at driveway openings. The area of the lot not landscaped or occupied by structures shall be graded, surfaced with asphalt or other suitable material and drained in a manner deemed adequate by the Planning Board to prevent nuisances or erosion or excessive water flows onto any other property or street. All illumination on outdoor areas and sales lots shall be shielded so as to prevent direct glare onto any other property or street.
D.
Access and circulation. Gasoline service stations (with or without an allowed accessory use) shall have adequate access, circulation, and vehicle storage for queues, which will not conflict with other uses. Gasoline service stations (with or without an allowed accessory use) may not gain their access through a parking lot serving another separate use. Access and circulation for a gasoline service station (with or without an allowed accessory use) must be clearly defined and separated from off-street parking areas serving other uses, so that there will not be a circulation conflict.
§ 435-27 Dimensional regulations.
A.
General requirement. No division of land shall be made which results in the creation of any lot having dimensions smaller than the minimum required by this section for the building or use located thereon within the district in which such lot is located.
B.
Table of Dimensional Regulations. Minimum lot area, frontage, lot width, setbacks and open space, and maximum height, lot coverage and floor area shall be as specified in the Table of Dimensional Regulations, subject to the further provisions of this section.[1]
[1]
Editor's Note: The Table of Dimensional Regulations is included as an attachment to this chapter.
C.
Lot area regulations.
(1)
Lot area requirement. Where a minimum lot area is specified in § 435-27B, no principal building or use shall be located on any lot of lesser area (such minimum lot area to be determined as set forth in these lot area regulations, § 435-27C), except as may be permitted hereinafter, and no such area shall include any portion of a street.
(2)
Irregularly shaped lots. When the distance between any two points on lot lines is less than 50 feet, measured in a straight line, the smaller portion of the lot which is bounded by such straight line and such lot lines shall be excluded from the computation of the minimum lot area unless the distance along such lot lines between such two points is less than 150 feet in such cases where the minimum lot area is less than 20,000 square feet, as set forth in the Table of Dimensional Regulations, § 435-27B. Otherwise, when the distance between any two points is less than 80 feet, measured in a straight line, the smaller portion of the lot which is bounded by such straight line and such lot lines shall be excluded from the computation of the minimum lot area, unless the distance along such lot lines between such two points is less than 240 feet. In all cases, the principal use shall not be located on such excluded area of the lot.
(3)
Uplands area requirement.
(a)
For the purpose of this section, any lot laid out to be a buildable lot must contain upland area totaling at least 100% of the minimum lot area requirement for the zoning district in which the land is situated. In addition, a minimum of 70% of the required minimum lot area must be contiguous upland area and shall be the location for the principal structure on the lot. Portions of a lot excluded from the computation of a minimum lot area, as provided under § 435-27C(2), above, shall not be used to meet the upland area requirements herein.
(4)
Moderate slope requirement.
(a)
Any lot laid out to be a buildable lot must contain 100% of the minimum lot area requirement for the zoning district in which the land is situated, excluding areas that satisfy the moderate slope requirement defined herein. In addition, a minimum of 70% of the required minimum lot area must be contiguous and shall be the location for the principal structure on the lot. Portions of a lot excluded from the computation of a minimum lot area, as provided under § 435-27C(2) and (3), above, shall not be used to meet the moderate slope requirement.
(b)
A lot for single- or two-family residential use shall be exempt from this § 435-27C(4), Moderate slope requirement, provided such lot conformed to all zoning requirements at the time of the recording or endorsement.
(c)
The term "moderate slope" is defined and measured by the procedure as prescribed herein as all areas of the entire lot prior to subdivision of the land into individual parcels with slopes natural and unaltered greater than or equal to 15% over a horizontal distance of 100 feet, as measured perpendicular to the contour line as prescribed herein. For lots lacking a horizontal distance of 100 feet, the slope will be calculated as an elevation change across a horizontal distance of 50 feet as measured perpendicular to the contour line. Contours shall be at two-foot intervals based on the most recent National Geodetic Vertical Datum (NGVD). Plans shall note the collection source of the contour data. Final slope shall be reviewed and confirmed by the City Engineer and/or by a peer review consultant.
D.
Lot frontage and width regulations.
(1)
Lot frontage requirement. Where a minimum lot frontage is specified in § 435-27B, no principal building or use shall be located on a lot which fronts a lesser distance on a street. No principal building or use shall be constructed or located on a lot unless adequate vehicular access exists or can be constructed to the buildable portion of the lot, proposed structure or use from the street providing the minimum lot frontage required by § 435-27B. Vehicular access shall be provided from the lot frontage to the principal building or use, provided that the Planning Board by special permit may allow an alternative vehicular access to the lot. Frontage shall provide both rights of access and potential vehicular access across that lot line to a potential building site. Frontage shall be measured in a single contiguous, uninterrupted line along a street or streets. A lawful preexisting lot for single- or two-family residential use that pre-dates the enactment of this section shall be exempt from this lot access requirement, provided such lot conformed to all zoning requirements at the time of recording or endorsement.
(2)
Lot width requirement.
(a)
Each lot shall have a width such that the center of a circle having a minimum diameter of 80% of the required frontage of the lot can be passed along a continuous line from the side line of the street along which the frontage of the lot is measured to any point of the building or proposed building on the lot without the circumference intersecting any side lot line.
(b)
In addition, each lot shall have a width such that the entire portion of the parcel from the lot frontage to the required front setback line shall have a minimum width equal to the required lot frontage as specified in § 435-27B, and such that the portion of the lot where any line passes through a principal building on the lot shall also have a minimum width equal to the required lot frontage as specified in § 435-27B.
E.
Setback regulations.
(1)
Front and side setback requirements. Where a minimum depth of setback is specified in § 435-27B, no building or structure shall be erected within the specified distance from the applicable lot line, except as permitted hereinafter.
(2)
Projections into setbacks.
(a)
Uncovered steps and ramps, and walls and fences no greater than six feet in height above the natural grade, may be permitted in a setback.
(b)
A portico over a front or a side doorway, or both, including a pediment, triangular-shaped or otherwise, supporting columns and decorative pilasters, over a landing or an entrance area, open or enclosed, the entrance area not being more than 50 square feet in area, may be permitted in a setback. Excluded from this exception are porticos in excess of one-story height.
(3)
Corner clearance. In any district where a front setback is required, no building, fence or other structure may be erected and no vegetation may be maintained between a plane 2 1/2 feet above curb level and a plane seven feet above curb level within that part of the lot bounded by the side lines of intersecting streets and a straight line joining points on such side lines 25 feet distant from the point of intersection of such side lines or extensions thereof.
(4)
Side setback abutting residential district. Where a side lot line of a lot in a nonresidential district abuts a Single-Family Residential or General Residence Zoning District, there shall be a minimum side setback requirement for buildings on such lot of 30 feet; except in the Neighborhood Business (B-1) Districts, where such minimum side setback requirement for buildings on such lot shall be 10 feet. This setback regulation for such lot in a nonresidential district shall not be applicable if such lot is for a single-family or two-family residential use, in which case the setbacks in the Table of Dimensional Regulations shall apply.
(5)
Determination of lot lines. Where the designation of a front or side lot line for the purpose of determining required yards is unclear because of the particular shape or type of lot, the Building Commissioner shall designate the appropriate front or side lot line.
(6)
Exception for existing alignment. In Single-Family Residential, General Residence and Office and Professional Districts, if the alignment of existing principal buildings on adjacent lots on each side of a lot fronting the same street in the same district is nearer to the street line than the required front setback, the average of the existing alignments of all such buildings within 200 feet of said lot shall be the required front setback.
(7)
Limited accessory structures.
(a)
Limited accessory structures may be placed within the minimum side setback, provided that the structures meet the criteria of this section.
(b)
Dimensional regulations for limited accessory structures. A limited accessory structure:
[1]
Shall be no larger than 120 square feet of gross floor area.
[2]
Shall not be more than 12 feet in height as measured from the average natural grade at a distance of up to three feet from the structure.
[3]
Shall not be located within the required front setback or any closer to that setback than the primary structure.
(c)
The accessory structure may be located at a distance from the lot line not less than 1/2 of the required minimum side setback.
(d)
No more than two limited accessory structures shall be permitted within the required side setbacks on any one lot.
(8)
Indoor amusement facility. Noisy activities shall be at least 100 feet away from any lot line and effectively sound-insulated or screened to protect the neighborhood.
(9)
Outdoor entertainment facility. Noisy activities shall be at least 100 feet away from any residential lot line and effectively screened from abutters to protect the neighborhood.
(10)
Veterinary services. Noisy activity shall be at least 100 feet from any residential lot line and effectively sound-insulated or screened to protect the neighborhood.
F.
Open space regulations.
(1)
Open space requirement. Where a minimum percentage of open space is specified in § 435-27B, no building or use shall be located or substantially altered on any lot in which such space is not provided.
(2)
Open space in front setback. In any district where a front setback is required, landscaped open space 10 feet in depth shall be provided along the entire width of the lot at the front lot line. Said strip may be interrupted by necessary vehicular and walkway entrances and exits.
(3)
Usable open space for one-family and two-family dwellings. All one-family and two-family detached dwellings shall have a minimum of 800 square feet of usable open space per bedroom.
(4)
Open space in setback abutting residential district or uses.
(a)
In any district where a nonresidential use abuts or faces a residential zoning district or a single-family or two-family use, a landscaped open space buffer at a minimum depth of 15 feet shall be provided and maintained in order to separate, both physically and visually, the residential use from the nonresidential use; except in the Neighborhood Business (B-1) Districts, where such minimum open space depth shall be five feet. The landscaped open space buffer strip shall be continuous except for required vehicular access and pedestrian circulation.
(b)
The buffer strip shall include a combination of deciduous and/or evergreen trees and lower-level elements such as shrubs, hedges, grass, ground cover, fences, planted berms, and brick or stone walls. Such open space buffer strips shall provide a strong visual barrier between uses at pedestrian level and shall create a strong impression of spatial separation.
(5)
Landscaping requirement. In every district and for all uses and structures which are subject to site plan review, landscaping shall be provided in accordance with the purpose, intent, objectives and standards of § 435-21H of this chapter, as feasible. All off-street parking plans and site plans required under § 435-24 or 435-47 shall include a landscape plan and planting schedule prepared by a registered landscape architect. Landscaped buffer strips along street rights-of-way shall be in accordance with this § 435-27F, Open space regulations, except in districts where a larger buffer is required. Site constraints shall be considered in applying the standards of § 435-21H, which may be waived in accordance with § 435-21J(3).
G.
Building height, bulk, and utilities and mechanical equipment screening regulations.
(1)
Maximum height requirement. Where a maximum height of buildings is specified in § 435-27B, no building or part of a building shall exceed the specified number of stories and, furthermore, no building or part of a building shall exceed the specified feet above average finished grade, except as permitted hereinafter.
(2)
Exceptions to maximum height requirement.
(a)
The maximum height requirement specified in § 435-27B shall not apply to accessory structures or appurtenances normally built above the roof level and necessary for the operation of the building or use, except in the Single-Family Residential Districts R-1, R-2, R-3, and R-4, and General Residence Districts. Such structures shall not be intended for human occupancy and shall be erected only to serve the purpose for which they are intended. These structures include but are not limited to chimneys, penthouses for stairways and elevators, mechanical installations, and screening and parapets. Accessory structures or appurtenances may be built 25% above the maximum building roofline in the Technology Park and 15% above the maximum building roofline in all other zoning districts, except in the Single-Family Residential Districts R-1, R-2, R-3, and R-4, and General Residence Districts.
(b)
Steeples, monuments and towers not used for communication purposes and not intended for occupancy may be erected to a greater height than specified by § 435-27B if a special permit is granted by the Zoning Board of Appeals after a public hearing.
(c)
Accessory structures above the building roofline shall be screened on all sides of the accessory structure, except as required for clearances by the Building Code. The design of the screen shall be incorporated into the architectural features of the building and constructed of a material and color compatible with other elements of the building.
(3)
Bulk (lot coverage and floor area) requirements. For any building or group of buildings on a lot, including accessory buildings, the percentage of the lot covered by such buildings (lot coverage) or floor area ratio shall not exceed the maximum specified in § 435-27B.
(4)
Height requirements near residential districts. In addition to the height limitations as set forth under Subsection G(2)(a) and (b) herein, the following additional requirements shall apply for all buildings (except for those in single-family or two-family use), in nonresidential zoning districts, when such building is in close proximity to a Single-Family Residential or General Residence Zoning District.
(a)
Buildings located less than 50 feet from a Single-Family Residential or General Residence District shall be a maximum of 30 feet in height above finished grade.
(b)
In the Neighborhood Business District (B-1), buildings located less than 50 feet from a Single-Family Residential or General Residence District may be exempted from the above height restriction, up to a maximum of 40 feet in height above finished grade, by special permit, in accordance with the requirements of § 435-46 of this chapter, if the SPGA determines that the proposed building would be consistent with the historic development pattern of the existing commercial center of the area and that such building would not be more intrusive on the residential district than a building 30 feet in height. The Planning Board shall be the SPGA under this subsection.
(c)
In all nonresidential zoning districts where the maximum building height for a use is designated as six stories and 80 feet above finished grade, as specified in § 435-27B, Table of Dimensional Regulations, the following height requirement shall apply when such use is in close proximity to a Single-Family Residential or General Residence Zoning District:
Distance from Residential District | Building Height (feet) |
|---|---|
Equal to or greater than 50 feet but less than 200 feet | 40 |
Equal to or greater than 200 feet but less than 300 feet | 50 |
Equal to or greater than 300 feet but less than 400 feet | 60 |
Equal to or greater than 400 feet | 80 |
[1]
For the purposes of this subsection, when a zone line runs along a street, the width of the right-of-way of the street shall be included in the calculation for distance from a residential zoning district.
(5)
Utilities and mechanical equipment screening.
(a)
Utilities and mechanical equipment shall appear to be part of the building form. Materials utilized in the construction of the building shall be used to screen and/or buffer the appearance of the service area, utilities, and/or mechanical equipment.
(b)
Utilities and mechanical equipment shall be fully screened as a component of the overall roof design, when these features are located on the roof. The screening of these features shall not appear to be an add-on element to the roof.
(c)
Utilities and mechanical equipment shall be located on the side or rear of a building. These features shall be sufficiently screened using architectural forms, fencing and/or landscaping so as to not be visible from streets and public open spaces.
(d)
Utilities and mechanical equipment shall be designed to accommodate soundproofing.
H.
Dimensional regulations for Geriatric Care/Elderly Housing District uses.
(1)
Special setback requirements. Buildings on adjoining lots within the Geriatric Care/Elderly Housing District must meet the setback requirements specified by § 435-27B for the district, but may be integrated with walkways and breezeways which interconnect buildings and provide pedestrian connections. Further, a minimum setback from the Geriatric Care/Elderly Housing District boundary line shall be as follows: seventy-foot setback for a one-story or two-story building within the district, and 100 feet setback if building exceeds two stories, but a fifty-foot setback from an Open Space and Recreation District boundary line, regardless of height.
(2)
Floor area ratio calculation exemptions. Floor area ratio calculations within a Geriatric Care/Elderly Housing District shall not include the gross floor area of garages, attics, and basements of independent living housing units which are not designed to be used or occupied as living areas.
(3)
Open space requirements in the district. Minimum landscaped open space shall be 30% of the total lot area.
I.
Used car dealers. A used car dealer may not be located within 1,000 feet of another used car dealer unless it is a legal preexisting use of the land. Such required separation distance shall be measured from all property lines of the proposed use.