4.1.1 Intent and Application of Parking Requirements

(a)

It is the intention of this Ordinance that all new structures and new building and land uses be provided with sufficient off-street parking spaces to meet the needs of persons making use of such structures and land uses. No permit shall be issued for the erection of a new structure or the enlargement or change of use of an existing structure unless the plans show the specific location and size of the off-street parking required to comply with the regulations set forth in this Ordinance and the means of access to such space from public streets. In the event of the enlargement or change of use of an existing structure, the regulations set forth in this section shall apply only to the area added to the existing structure or to the building or part thereof having a change of use.

(b)

Buildings, structures and land uses in existence on the effective date of this ordinance are not subject to these off-street parking requirements and may be rebuilt, altered or repaired, but not enlarged or changed in use without becoming subject to these requirements.

(c)

Except for business and municipal uses which occupy more than 10,000 square feet of space and are located in buildings constructed after February 1, 1990, business and municipal uses need not provide off-street parking if they are located within 400 feet of a Municipal Parking Lot/Facility.

(d)

Residential uses situated above the ground floor in a structure which existed as of February 1, 1990, contains one or more permitted non-residential uses on the ground floor, and which is located in a Central Business (CB) Zoning District, need not provide off-street parking.

4.1.2 The following minimum number of parking spaces must be provided except as exempted above, and except that the Zoning Board of Appeals may issue a Special Permit for a lesser number upon demonstration by the applicant that such lesser number will serve the intent of these provisions:

(a)

For residential structures: at least one off-street parking space shall be provided for each dwelling unit in the CB, VB, R-5 or CCD district and at least one and one-half off-street parking spaces shall be provided for each dwelling unit located in other districts. Such spaces shall be located on the same lot as the dwelling they serve. When the off-street parking space is in the form of a private garage, its location on the lot shall conform with the provisions of this Ordinance governing the erection of a structure intended for an accessory use.

(b)

For hotels, motels, motor inns, boarding, lodging, or tourist homes: one space per guest unit plus one space per three employees. For dormitories or similar group living quarters, one space per bed.

(c)

Places of assembly, not including churches and places of worship, but including all other places customarily involving assembly, such as, but not in limitation thereof, auditoriums, theaters, assembly halls, funeral homes, bowling alleys, fraternal quarters, and other places of assembly, shall provide for each 100 square feet of floor area exclusive of basement or for each four seats, whichever shall be greater, one off-street parking space.

(d)

For every retail store, professional and public building, and private educational building, one off-street parking space shall be provided for each 200 square feet of ground floor area not used for bulk storage, and one off-street parking space for each 400 square feet of floor area not used for bulk storage above the ground floor. For restaurant or food-service uses, one additional off-street parking space shall be provided on or adjacent to the site for every three (3) persons that may be served by the establishment at one time.

(e)

For industrial establishments, one off-street parking space shall be provided for each motor vehicle in connection with the operation of such establishment, and in addition, one off-street parking space for each three (3) employees on the largest shift.

(f)

For Schools, Hospitals, Sanitaria, Nursing Homes, and similar places, one off-street parking space shall be provided for each 500 square feet of floor space exclusive of basements.

(g)

Casino boat water uses: one off-street parking space required for every four passengers (including crew) based on the maximum allowable occupant load of the vessel.

4.1.3 Location of Parking Facilities

(a)

Required off-street parking facilities shall be provided on the same lot as the principal use they are required to serve, with the following exceptions:

1)

Required parking facilities for office buildings may be located on other lots if all spaces are within five hundred (500) feet of the entrance to the building to be served.

2)

Industrial districts and in the case of institutional uses in any district, the required parking facilities may be provided on other lots within a reasonable distance from the building to be served. The reasonable distance to be determined by the Building Inspector.

3)

In the case of a dormitory of a non-profit educational institution, the required parking facilities may be provided on other lots not more than three thousand (3,000) feet away from the dormitory to be served.

4.1.4 Design and Layout of Required Parking Facilities

(a)

General Provisions:

1.

The following are not subject to the design and layout standards set forth in this Section 4.1.4:

a)

Parking spaces required for single-family and two-family dwellings;

b)

Parking spaces required for the expansion of a building in existence on April 1, 1991 if:

i)

The expansion is less than 50% of the floor area of the existing building, or

ii)

The expansion would require the creation of no more than ten additional spaces.

2.

No accessory off-street parking space shall be permitted within the required front yard of a lot in any residential district.

3.

Parking areas shall be designed so as to allow each vehicle to enter and leave each parking space without requiring the moving of any other vehicle (except for an area providing valet parking or a parking lot in which spaces are assigned to occupants of the building served by that lot) and so as not to require the backing of a vehicle onto a collector street.

4.

Required off-street parking facilities may be enclosed or may be open. If such facilities are open, they shall be graded, surfaced with bituminous concrete, cement concrete or other non-dusting all weather surface, drained and suitably maintained to the extent necessary to avoid the nuisance of dust, erosion or excessive water flow onto public ways or adjoining property.

5.

Parking areas shall not be used for automobile sales, gasoline sales, dead storage, repair work, dismantling or the servicing of vehicles of any kind.

6.

Any light fixture used to illuminate parking areas shall be shielded so as not to shine on streets or adjacent properties.

7.

No parking stall, except those contained in a parking structure that is below the mean original grade of the lot (determined at the street line), shall be located within one foot of a sidewalk, street, or external property line.

8.

Parking areas which contain more than five off-street parking spaces and which are located within ten feet of the boundaries of the property shall be equipped with a barrier, curbing, fence or low wall sufficient to confine vehicles entirely within the property and to protect any plantings and landscaping.

9.

Parking areas containing more than five off-street spaces shall be marked so as to clearly indicate the space to be occupied by each motor vehicle, in accordance with the dimensions specified in 4.1.4(b). Such markings shall be maintained so as to be plainly visible.

(b)

Parking Stall Dimensions:

Parking spaces for compact automobiles shall be permitted only in parking lots or garages having 10 spaces or more, shall be appropriately and clearly marked, and shall comprise not more than 30% of the spaces provided.

(c)

Parking Aisle Dimensions:

For one-way traffic, the minimum width of aisles providing access to stalls shall be 12 feet for parallel and angle parking, and 14 feet for perpendicular parking. For two-way traffic, the minimum width of aisles providing access to stalls shall be 20 feet for parallel and angle parking, and 24 feet for perpendicular parking.

(d)

Access:

1.

The minimum width for entrance and exit drives to parking areas shall be the same as required for parking aisles, per 4.1.4(c) of this section. The maximum width for entrance and exit drives is 25 feet.

2.

No portion of any entrance or exit driveway to or from a parking area shall be closer than 20 feet to the curb line of an intersecting street, and all such driveways shall be separated from each other by at least 30 feet.

(Amended 3-2-1999; adopted [amended] 7-6-1999)

4.2.1 Intent

(a)

All new business and industrial buildings and all enlargements of existing buildings requiring the delivery of goods as a substantial part of their function must be provided with necessary space for off-street loading as hereinafter set forth. No application for a permit for the erection of such new buildings shall be approved unless it includes a plan for off-street loading facilities in accordance with the regulations set forth in this Ordinance.

(b)

Buildings, structures and land uses in existence on the effective date of this Ordinance, are not subject to these off-street loading requirements, and such buildings may be rebuilt, altered or repaired, but not expanded, without becoming subject to these requirements.

(c)

Where a building existing on the effective date of this Ordinance is altered or extended in such a way as to increase or enlarge the gross floor area, only the additional gross floor area shall be counted in computing the off-street loading requirements.

(d)

Where the computations of required loading bays result in a fractional number only the fraction of one-half or more shall be counted as one.

4.2.2 Table of Loading Requirements

Off-street loading facilities shall be provided for the following specified uses:

(b)

Freezers, cold storage holding buildings and Warehouses shall provide off-street loading bays as follows: One bay for buildings of less than 5,000 square feet of storage space; two bays, from 5,000 to 10,000 square feet; three bays; 10,001 to 18,000 square feet; four bays, 18,001 to 35,000 square feet; and one bay for each additional 50,000 square feet. Loading bays shall conform to the following minimum measurements: 15 feet by 50 feet on the ground with a clear height of 14 feet.

4.2.3 Location and Layout of Loading Facilities

(a)

Each loading bay, except as above specifically provided, shall have a minimum dimension of not less than 10 feet in width, 25 feet in length, 12 feet in height and may be located either within a building or outside and adjoining an opening in the building.

(b)

In case trucks, trailers, or other vehicles larger than the dimensions of the minimum requirements habitually serve freezers, warehouses, or other commercial buildings, additional parking spaces shall be provided so that such vehicles park or stand completely off the street while waiting to be loaded or unloaded.

(c)

All accessory driveways and entrance ways shall be graded, surfaced, drained and suitably maintained to the extent necessary to avoid the nuisance of dust, erosion, or excessive water flow across public ways.

(d)

Loading facilities shall not be reduced in total extent or usability after their installation, except when such reduction is in conformity with the requirements of this Ordinance. Such facilities shall be designed and used in such a manner as at no time to constitute a nuisance or hazard or unreasonable impediment to traffic.

The purpose of this ordinance is to provide for a wide range of signage by right; to encourage safe, effective, informative signage; to protect property values, and to minimize the visual impact of signage.

4.3.1 Administration

1.

Sign Permits. Except as otherwise herein provided, no person shall erect, alter, modify or move any signs as herein defined without first applying for and obtaining a sign permit from the Building Inspector.

2.

Prohibited Signs. All signs not expressly permitted under this section or exempted from regulations under this section are prohibited. Billboards and signs painted on roofs are prohibited in all Districts.

3.

Nonconforming Signs. All signs lawfully existing at the time of passage of this section that do not conform to the terms of this section may be continued subject to the following requirements:

(a)

Determination of Conformance. In the event of a dispute whether a sign was lawful at the time of passage of this section, the Building Inspector shall determine the facts and the law governing use of such sign, which written determination shall be final.

(b)

Maintenance and Repair of Existing Nonconforming Signs. No sign existing at the time of passage of this ordinance shall be substantially altered or enlarged in any way, except for routine maintenance or repair of damage or minor change permitted by the Building Inspector. Routine maintenance or repair of damage shall not include replacement of the entire sign, which shall be treated as a substantial alteration prohibited under this subsection. The changing of letters on nonconforming signs designed for changeable messages shall not be considered an alteration as long as no other change is made to the sign.

(c)

Conformity or Removal of Nonconforming Signs. Nonconforming signs shall be made to conform or shall be removed whenever a Major Project Review is sought for a property to which the nonconforming signs are appurtenant.

4.

Maintenance of Signs. The sign must be kept clean, neatly painted and free from all hazards, such as, but not limited to, faulty wiring and loose fastenings, and must be maintained at all times in such safe conditions so as not to be detrimental to the public health or safety; or constitute a distraction or obstruction that may contribute to traffic accidents.

5.

Illumination. Signs that are internally illuminated or externally illuminated or whose light source is part of the sign display, as is the case with exposed-tube, gaseous-type signs and signs with letters or decorations comprising rows of incandescent bulbs are regulated as follows:

(a)

Signs shall be illuminated only by steady, stationary light without causing harmful glare for motorist, pedestrians, or neighboring premises.

(b)

Except for indicators of time and temperature, no sign or part of any sign shall either be illuminated more than one hour after the premises is closed, or 11:00 p.m., whichever is later, nor shall any illuminated sign flash, move or make noise.

(c)

An illuminated sign is allowed to have an average face brightness not to exceed thirty (30) feet. The applicant may be required to provide an engineer's report to verify the average face brightness.

6.

Awning Signs. An awning shall be made of solid or opaque woven material which does not consist of fluorescent or transparent material. The awning may be indirectly illuminated in a manner not distractive to motorist or pedestrian.

7.

Off-Premise Signs. A business is allowed to advertise an off premise activity, event or business pursuant to the sign provisions required in a district or for any business.

8.

Roof Signs. A roof sign shall not have a vertical dimension exceeding three (3) feet, shall not project above the highest part of the roof ridge line and shall not exceed the maximum permitted area for a single sign in the zoning district.

9.

Detached Sign Setbacks. Signs shall be located within the required front yard, but not within a required side yard, rear yard or within or over any street either public or private.

4.3.2 Regulations Applicable to Signs in Nonresidential Districts

4.3.3. Signs and Murals Permitted in Addition to the Total Maximum Signage allowed in Nonresidential Districts

4.3.4 Regulations Applicable to Signs in Residential Districts

4.3.5. Other Permitted Signs and Devices

4.3.6 Appeals

Appeals of the Building Inspector's decision and provisions of this section are referred to the Zoning Board of Appeals.

4.4.1

No activity shall be permitted in any district unless it can be demonstrated that its operation will be so conducted that the following standards will be met, or unless specifically exempted from some of the standards by Section 2.3 or elsewhere in this Ordinance.

Where future compliance with these standards is questionable, the Building Inspector shall require a report on probable compliance, to be furnished at the expense of the applicant. Estimates of compliance shall be based upon engineering analysis, example of similar facilities or other acceptable method prepared and certified by a qualified professional engineer. Where indicated by such report, permits may be issued subject to conditions limiting operations and equipment.

However, the Board of Appeals may grant a Special Permit for an exception for activities not meeting these standards, in cases where the Board determines that no objectionable conditions are thereby created for the use of other affected properties.

4.4.2

No noise, sound from public address or other amplification systems, vibration, odor or flashing shall be normally perceptible more than 400 feet from the premises if in the GI or BP district, more than 200 feet from the premises if in the CB, VB or EB districts, and more than forty (40) feet from the premises if in a NB, CCD or Residential District. Interferences originating in business or industrial districts shall not normally be perceptible more than 100 feet within a residential district.

4.4.3

Cinders, dust, fumes, gases, radiation or trash, or other waste, shall be effectively confined to the premises or disposed of.

4.4.4

Smoke density shall not exceed #2 on the Ringelmann scale for more than 10% of the time, and at no time shall exceed #3 on that scale.

4.4.5

No process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

4.4.6

Operation at any time such that these standards are violated, subsequent to issuance of a permit on the grounds that they would be met, shall constitute a zoning violation.

4.5.1

The following uses shall be screened from any adjacent residential district or use or public way from which they would otherwise be visible.

(a)

Junk Yards.

(b)

Contractor's Yards.

(c)

Mobile Home Park or Campground.

4.5.2

The following uses shall be screened from any adjacent residential district or use or State Highway from which they would otherwise be visible:

(a)

Parking area for four or more automobiles, or two or more commercial vehicles, except for retail sale of such vehicles.

(b)

Open storage, whether as principal or accessory use of premises.

(c)

Loading or service areas.

4.5.3

The following uses shall be screened from any adjacent residential district or use from which they would otherwise be visible:

(a)

Outdoor sales display area.

(b)

Commercial outdoor recreation, such as golf driving ranges or drive-in theaters.

4.5.4

"Screening" in this context shall mean a wall, sightly fence, or an area four feet wide or more, densely planted with trees or shrubs five feet or more in height.