Great Barrington City Zoning Code
SECTION 6
0 General Regulations
6.1 Off-street parking and loading.
6.1.1.
Applicability. No new building designated or intended to be used for any of the uses referred to below shall be constructed in any district unless accessory parking spaces are provided and maintained on the premises in the amount specified below and in accordance with the other requirements of this section.
6.1.2.
Table of Parking Requirements. The following requirements shall apply; provided, however, that in Zoning District B, there shall be no off-street parking required for permitted uses in existing buildings which are remodeled but not substantially expanded, as defined in Section 9.5.2:
Principal Use | Parking Space Requirement |
|---|---|
Dwelling unit, except as otherwise provided in this bylaw | 2 parking spaces |
Lodging house | 1 parking space for each 2 guests |
Hotel, motel or overnight cabin | 1 parking space for each sleeping room |
Hospital | 1 parking space for each bed |
Nursing or convalescent home | 1 parking space for each 3 beds, plus 2 spaces for each 3 employees serving on the shift having the greatest number of employees |
Retail and/or wholesale sales and service establishment | 1 space for each 200 square feet of net usable floor area |
Offices, banks and other financial institutions or professional buildings (other than medical or dental) | 1 space for each 300 square feet of net usable floor area |
Professional offices, medical, dental or similar use | 5 spaces for each professional occupant in building |
Restaurant | 1 space for each 3 seats |
Theaters and other places of assembly | 1 space for each 4 seats |
Industrial uses | 1 parking space for each 2 employees, computed on the basis of the estimated maximum number of employees at any one time |
Mixed uses | The sum of the requirements for the individual uses; when other provisions specify fewer parking spaces for specific uses, the less restrictive shall apply |
6.1.3.
Location. Any parking area of more than five spaces providing off-street parking under the provisions of this bylaw for any nonresidential use in a residence district shall not be located in the required front yard and shall be at least 10 feet from any side or rear lot line. If a nonresidential use in a residence district is located on a corner lot, no parking area of more than five spaces shall be located within the designated front yard nor closer to the street line than twice the required setback for residences within that district in side and rear yards. In the B2 Zone, no parking spaces provided for new or replacement structures shall be located between the structure and the front lot line.
6.1.4.
Size of parking space. The net area of each parking space, exclusive of access and maneuvering area, shall not be less than 180 square feet and the width of each parking berth shall not be less than nine feet, and shall be delineated on site. Up to 20% of the required parking spaces may be designed as compact car spaces. Any compact car spaces must be clearly designated as such on the site plan, and appropriate markings and signage must be installed on-site. Handicap parking spaces must meet Commonwealth of Massachusetts and American Disabilities Act requirements.
6.1.5.
Interpretation of fractional space. When the application of a unit of measurement for parking spaces to a particular use or structure results in a fractional space, any fraction under 1/2 shall be disregarded, and fractions of 1/2 or over shall be counted as one parking space.
6.1.6.
Table of Loading Requirements. No new building designed or intended to be used for any of the uses referred to below shall be constructed in any district unless accessory loading space is provided in accordance with the following requirements:
Principal Use | Loading Requirement |
|---|---|
Any retail or service establishment, office building or hotel with 5,000 to 8,000 square feet of gross floor area devoted to any such uses | 1 loading space |
Same, with 8,000 to 20,000 square feet gross floor area devoted to any such uses | 2 loading spaces |
Same, each additional 20,000 square feet of gross floor area devoted to any such uses | 1 additional loading space |
Any manufacturing, industrial or storage establishment with over 5,000 square feet of gross floor area | Loading space adequate, in the opinion of the Inspector of Buildings, to accommodate the normal demands incidental to the proposed use of the premises |
6.1.7.
Size of loading berth. The area of each loading berth shall be not less than 200 square feet, and it shall have a minimum clear height, including access to it from a street, of 14 feet.
6.1.8.
Joint facilities. Accessory parking spaces or loading spaces for commercial and manufacturing uses may be provided in facilities designed to serve jointly two or more buildings or uses, provided that the number of berths in such joint facilities shall not be less than the total required under the provisions of this section.
6.1.9.
Special permit. The Planning Board may, by special permit pursuant to Section 10.4, authorize a deviation from any parking or loading requirement set forth in this Section 6.1. In instances where an application is pending before a different special permit granting authority, that body may, in accord with a finding by the Planning Board, authorize the deviation from the requirements of Section 6.1.
6.2 Route 7 landscaping requirements.
6.2.1.
Applicability. These requirements shall apply to applications for site plan approval for land on both sides of Route 7 north (Stockbridge Road) from Belcher Square to the Stockbridge Town line and on Route 7 south (South Main Street) from Taconic Avenue to the Sheffield Town line. These requirements shall be in addition to those of Section 6.3.
6.2.2.
Exemptions. These requirements shall not apply if a condition on a special permit places more stringent requirements, if the lot is used for single-family residential use, or if a new building is for use as a toolshed or similar accessory use to a structure that existed prior to the adoption of this provision.
6.2.3.
Certificate of occupancy. A permanent certificate of occupancy shall not be granted until all requirements of this section have been met. Repeated failure to comply with provisions of these requirements may be considered a violation of the Town's Zoning Bylaws.
6.2.4.
Appropriate trees. A suggested list of appropriate trees is available at the Town Clerk's office in the Great Barrington Town Hall.
6.2.5.
Buffer. Any lot on which a new building is erected shall maintain a natural buffer of grass, shrubs, flowers and/or trees. This buffer shall be visible from Route 7.
6.2.6.
Depth of buffer; permitted uses. The dimensional depth of the buffer shall be lesser of either: the minimum front yard setback in the zoning district in which the property is located; or at least eight feet or two inches for every foot of frontage, whichever depth shall be greater, to a maximum depth of 50 feet. The depth of the buffer shall be measured from the property line and may include sidewalks and easements. Cars shall not be parked and goods shall not be displayed on the buffer. A freestanding sign may be installed on the buffer, provided that the sign has all necessary permits. Existing structures may remain and be altered to accommodate a similar or accessory use within the buffer area, provided that they were legally existing prior to adoption of this provision.
6.2.7.
Required trees. At least one deciduous tree shall be planted within the lot's front setback for every 25 feet of frontage on a lot on which a new building is erected or when any activity or use requires site plan review as set forth in Section 10.5.1. The tree or trees shall be planted between the roadway and the building line that is closest to the roadway, provided that this does not interfere with utilities. The Planning Board, as part of its site plan review and approval for a project, may waive or modify the requirements of this subsection if it finds that strict adherence to this requirement would be impractical given the particular characteristics of the site.
[Amended 5-1-2023 ATM by Art. 34]
1.
This requirement shall not apply to a lot with less than 50 feet of frontage at the time a building permit is sought, provided that the lot is not used in combination with another lot. If the lot is used in combination with another property, such as for access/egress to a common parking area, the combined frontage of the lots shall be used to calculate the number of trees to be planted.
2.
No deciduous tree having a trunk diameter of three inches or more measured at five feet above ground (three-inch diameter at breast height) and/or no upright evergreen of 12 feet or more in height may be removed from within a lot's front setback unless the tree is replaced on the lot by a healthy tree or trees from the list available at the Town Clerk's office. Each replacement tree shall be at least 11/2 inches in diameter measured at six inches above ground for a deciduous tree and at least six feet in height for an evergreen.
6.2.8.
Special permit. The Planning Board may, by special permit pursuant to Section 10.4, authorize a deviation from any requirement set forth in this Section 6.2. In instances where an application is pending before a different special permit granting authority, that body may, in accord with a finding by the Planning Board, authorize the deviation from the requirements of Section 6.2.
6.3 General landscaping requirements.
[Amended 5-6-2024 ATM by Art. 21]
6.3.1.
Applicability. The requirements of this section shall apply to any nonresidential use and to multifamily dwellings except as governed by Section 6.3.
6.3.2.
Landscaping requirements. Some combination of planting, screening, or fencing shall be installed at the following locations:
1.
Property line(s) which also bound residential districts shall be screened from nonresidential uses by means of plantings or maintenance of trees of a species common 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. No part of any building or structure or paved space intended for or use as parking area may be located within the buffer area. Planted buffer areas along property lines which also bound residential districts or uses shall be a minimum depth of 20 feet.
2.
Any accessory receptacle or structure with a 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, in accordance with this section, from all adjacent premises and streets from which it would otherwise be visible.
3.
Any HVAC equipment or other electrical equipment placed on the ground level shall be screened, in accordance with this section, from all adjacent premises and streets from which it would otherwise be visible.
6.3.3.
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 and native species are encouraged. Invasive species, as identified by Massachusetts Division of Fisheries and Wildlife, shall be prohibited. Where the Planning Board determines that the planting of trees is impractical, the permit applicant may substitute shrubbery for trees.
1.
Shrubs and hedges shall be at least 2.5 feet in height at the time of planting, and have a spread of at least 18 inches.
2.
Grass is preferable to mulch where practical.
3.
Existing trees with a caliper of six inches or more shall be preserved wherever feasible.
4.
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 10 years after planting. Evergreens shall be a minimum of eight feet in height at the time of planting.
6.3.4.
Coordination with site plan approval. The Planning Board shall 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.
6.3.5.
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 and shall have a continuing obligation to comply with the provisions set forth herein. All plant materials required by this bylaw shall be maintained in a healthful condition, and trees planted as required by this bylaw shall be replaced if they die with a tree at the original planting size.
6.3.6.
Special permit. The Planning Board may, by special permit pursuant to Section 10.4, authorize a deviation from any requirement set forth in this Section 6.3. In instances where an application is pending before a different special permit granting authority, that body may, in accord with a finding by the Planning Board, authorize the deviation from the requirements of Section 6.3.
6.4 Performance standards.
6.4.1.
General. Hereafter, no land, building or structure in any district shall be used in a manner that creates any dangerous, injurious, noxious or otherwise objectionable fire, explosion or other hazard; noise or vibration, smoke, dust, dirt or other form of air pollution; electrical or other disturbance; glare or any other dangerous or objectionable substance, condition or element in any amount that adversely affects the surrounding area or premises. The determination of the existence of any dangerous or objectionable elements shall be made at or beyond the property lines of the use creating such elements, wherever the effect is greatest. Any use already established on the effective date of this bylaw shall not be altered or modified to conflict with, or further conflict with, these performance standards.
6.4.2.
Deposited materials. No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces. Erosion control measures such as covering, planting, paving or other means to eliminate wind and water erosion shall be utilized to stabilize bare earth and/or stockpiled materials at all times.
[Amended 5-1-2023 ATM by Art. 31]
6.4.3.
Fire hazard; pests. All materials or wastes which constitute a fire hazard or which may be edible by or attractive to rodents or insects shall be stored outdoors only in closed containers.
6.4.4.
Discharges. No discharge at any point into any public sewer, private sewage disposal system or stream, lake or pond or into the ground of any material of such nature or temperature as may contaminate any water supply or cause the emission of dangerous or offensive elements shall be permitted, except in accordance with standards approved by the Massachusetts Department of Public Health and the Board of Health of the Town of Great Barrington.
6.4.5.
Site design. All site development shall meet the following objectives and shall be reviewed at staff level for compliance. Any deviation from these criteria shall require approval by the Planning Board through the site plan review process.
[Added 5-1-2023 ATM by Art. 31]
1.
Existing grade should be changed by no more than six feet, and resulting in a balance on site between cut and fill, except for basement and cellar excavations.
2.
Site circulation. Site circulation should have clarity from the driver's perspective, shall be designed to minimize glare from headlights, and shall be designed to promote safe pedestrian access.
3.
Pedestrian access. Pedestrian access should be provided among all facilities on the site, including parking, between them and the street and between them and adjacent premises developed for uses open to the public to ensure accessibility and pedestrian and vehicular safety, both on the site and accessing and exiting the site.
4.
There shall be no contamination of groundwater from on-site wastewater disposal systems or operations on the premises involving the use, storage, handling, or containment of hazardous substances in quantities greater than those normally associated with household use.
5.
Drainage controls shall be specifically designed for the site based on the project's and site's characteristics, and such controls shall be detailed on application documents.
6.
Parking, storage, or other outdoor service areas viewed from public ways and abutting properties residentially used or zoned shall be screened.
7.
All lighting shall comply with Subsection 6.4.6 of this bylaw.
6.4.6.
It is the intent of this section to establish lighting standards that result in exterior lighting systems that are designed, constructed, and installed to control glare and light trespass, to minimize obtrusive light, to conserve energy and resources while maintaining safety, visibility, security of individuals and property, and curtailing the degradation of the nighttime visual environment. The following standards shall apply to all exterior light fixtures, whether new or replacement, except for temporary lights.
[Added 5-1-2023 ATM by Art. 31]
1.
All lights shall have full horizontal shielding so that light shines only downward.
2.
LED lights shall have a color temperature of 3,000 Kelvin or less.
3.
No light shall remain permanently illuminated between the overnight hours of 11:00 p.m. to 5:00 a.m. unless the light can be dimmed to 50% or less luminance, except for lights at emergency facilities. Motion sensors and photo cells may be utilized to turn on lights or to increase lighting to full luminance.
4.
The bottom of the light source on a pole light shall be no higher than 15 feet above finish grade unless specified otherwise in this bylaw.
5.
Light fixtures shall be located and/or shielded so that illumination onto any adjacent property is no greater than 0.1 footcandle.
6.4.7.
The Planning Board may, by special permit pursuant to Section 10.4, authorize a deviation from any requirement set forth in this Section 6.4. In instances where an application is pending before a different special permit granting authority, that body may, in accordance with a finding by the Planning Board, authorize the deviation from the requirements of Section 6.4.
[Added 5-1-2023 ATM by Art. 31]