If the area of the lot, which prior to such acquisition conformed to this bylaw, is reduced to an area less than is required by Schedule 4.2, then the area of such lot remaining after such acquisition shall be deemed in conformity with this bylaw.

If a yard setback of a building, which prior to such acquisition conformed to this bylaw, is reduced to a distance less than is required by Schedule 4.2, then the yard setbacks remaining after such acquisition shall be deemed to be in conformity with this bylaw.

Emergency repairs required by an order or written directive from the Inspector of Buildings are exempted from front, side and rear yard setbacks until such time as relief for the repairs can be granted by the Zoning Board of Appeals, if necessary;

Emergency or secondary means of ingress/egress may extend a maximum of six feet into a side or rear yard setback;

Entrance stairs or landings may project up to a maximum of three feet into a required setback;

Bay and/or bow windows, chimneys and their foundations, roof eaves, bulkheads or similar architectural features may extend a maximum of three feet into a required front, side or rear yard setback.

Purpose. The purpose of this subsection is to establish local standards governing the rate of residential development that promote the health, safety and general welfare of the community by ensuring development consistent with the Town's Master Plan and Capital Improvements Plan. This Scheduled Development Bylaw shall be in effect for a period of 10 years from the date of its adoption. The intent of these standards is to allow for the reasonable expansion or extension of the Town's services and infrastructure at a rate consistent with the Town's ability to fund these services and infrastructure expansion or extension within the limits of sound financial management and responsible capital planning and in keeping with the provision of Proposition 2 1/2.

Applicability. This bylaw shall apply to all building permits for new single, two or multi-residence residential construction. For the purposes of this bylaw, each single-family detached dwelling unit or each three bedrooms of two-family or multifamily units or fraction thereof shall be considered to be one building permit. Specifically excluded from this bylaw are building permits for demolition, repair, renovation, reconstruction or expansion of existing residential units and dwelling units proposed under the provisions of MGL Chapter 40B. Also excluded are complexes for senior citizens, where occupancy is restricted to senior persons through a properly executed and recorded deed restriction running with the land. For the purposes of this bylaw, the term "senior" shall mean persons over the age of 55 years of age or older.

Building permit limitations. Effective upon adoption of this bylaw, the total number of building permits issued for new residential units issued within any calendar year shall not exceed 115 permits, of which 15 shall be reserved for owners of lots which are not shown on either a definitive subdivision plan or "approval not required" plan under MGL c. 41, § 81, recorded after the effective date of this Scheduled Development Bylaw.

Special exemption. The Zoning Board of Appeals may by special permit authorize the issuance of building permits in excess of the limits imposed by Subsection C(3) for low-income housing or moderate-income housing which the Zoning Board of Appeals determines would serve the needs of the Town and that the benefits of such housing project outweigh its detrimental effects after consideration of the following criteria:

Severability. A determination that any portion or provision of the Scheduled Development Bylaw is invalid shall not invalidate any other portion or provision hereof.

Buffer strips at the front of lots shall contribute to the creation of tree-lined roadways and shall create a strong impression of separation between the street and the developed area of the site without necessarily eliminating visual contact between them.

Buffer strips adjoining or facing residential uses or residential zoning districts shall provide the strongest possible visual barrier between uses at pedestrian level and create a strong impression of spatial separation.

Landscaping within parking areas shall provide visual and climatic relief from broad expanses of pavement and shall be designed to define logical areas for pedestrian and vehicular circulation and to channel such movement on and off the site.

All required landscaping shall be located entirely within the bounds of the parcel.

To the greatest feasible extent, existing healthy, mature vegetation shall be retained in place or transplanted and reused on site.

It is the intent of this section to count all buffer and landscape area toward the open space requirement for the underlying zone.

The owner(s) and/or developer(s) of any lot shall be responsible for the maintenance of all landscaped open space and buffers. Landscaping shall be maintained in good condition so as to present a healthy, neat and orderly appearance and shall be kept free from refuse and debris.

The requirements of this § 230-4.3 shall apply to any new structure which requires 10 or more parking spaces, and to any major alteration, or change of use of an existing structure which requires the addition of 10 or more parking spaces. The requirements of this section shall also apply to all commercial parking lots and parking facilities as defined in § 230-3.5T of this bylaw.

Notwithstanding the above statement, all development in the Business 1 or Business 2 District shall be exempt from these requirements.

No construction or alteration of a structure subject to the requirements of this section shall take place until a landscape plan and planting schedule prepared by a registered landscape architect has been submitted to the Planning Board and approved by the Board for conformity with these regulations.

The applicant shall submit the original and seven blue-line prints of a landscape plan conforming to the following standards:

For uses not otherwise subject to site plan approval for special permit, the Board shall review a properly submitted and prepared landscape plan at its next scheduled meeting and shall approve the landscape plan and planting schedule as being in conformance with these requirements.

For uses requiring site plan approval or a special permit, the review of the landscape plan and planting schedule shall be concurrent with other reviews, and granting of site plan approval or a special permit shall include approval of the proposed landscaping as being in conformance with the requirements of this section.

In the event an applicant desires to deviate from the specific standards for landscaping and screening set forth in this section, the Zoning Board of Appeals may approve alternative plans through the granting of a special permit.

The findings generally required for special permits under § 230-5.5F of this bylaw shall not be required for a special permit to modify landscaping and screening standards; however, no such special permit shall be granted unless the Zoning Board of Appeals finds that the proposed landscaping arrangement meets the general purpose, intent and objectives of this section and in addition makes one of the following findings:

General standards.

Specific standards.

Use of landscaped islands as buffers. Parking areas shall be broken into sections not to exceed 140 cars per section. Sections shall be separated by landscaped buffers to provide visual relief. At a minimum, the buffers shall consist of islands which shall be a combination of "divider islands" and "terminal islands."

Standards for landscaped islands.

Grass or ground cover may be substituted for shrubs in divider islands and terminal islands with the approval of the Planning Board.

A landscaped island may be up to 33% impervious surface, provided that all such area is used for pedestrian walkways and that such walkways are adequately buffered from the parking areas.

All trees, shrubs and hedges must be species that are hardy in Plant Hardiness Zone 5, as defined by the American Standards for Nursery Stock, and shall be resistant to salt spray and urban conditions where appropriate.

Plantings shall be selected and designed so as not to require high water use for maintenance.

Deciduous trees must be at least 2 1/2 inches to three inches in caliper, six inches above the top of the root ball at the time of planting; and must be expected to reach a height of at least 20 feet within 10 years, when considering the expected normal growth patterns of the species.

Evergreen trees must be at least six feet in height at the time of planting.

Ornamental or specimen trees must be at least eight feet in height at the time of planting.

Shrubs and hedges must be at least 3 1/2 feet in height or have a spread of at least 24 inches at the time of planting.

Shade or canopy trees shall be provided within parking lots and within buffer strips.

Pedestrian access through buffers and screens. Landscaped buffers should, to the greatest extent possible, serve as usable open space, providing an environment for pedestrian access between uses. Therefore, buffers shall be designed to include appropriate means of pedestrian access and crossing, both along the landscaped area (i.e., in a parallel direction with the property line) and across the buffer (i.e., providing pedestrian access to the site, separate from vehicular access points). Buffers and screens shall provide for appropriate hard-surfaced pedestrian access points and walkways where property lines abut existing or planned public streets, whether or not such streets have been constructed.

Pedestrian circulation in parking facilities.

Purpose: to encourage quality site lighting design, providing consistency of regulation and application, enhancing public safety and security, encouraging the use of energy-efficient lighting, reducing excessive lighting levels, protecting dark skies and the preservation of night skies for the observation of celestial objects, preventing light trespass and reducing unwanted glare.

Applicability. The provisions of this bylaw shall apply to the installation of all replacement and new retail/commercial/industrial and multifamily outdoor building and site lighting. "Replacement" is defined as a new lighting fixture type or mounting height or location. Specifically excluded from this bylaw is routine maintenance, such as replacing lamps, fixtures, light bulbs, lenses or starters with similar components, provided such changes do not result in higher light output.

General design principles. Site lighting shall be integrated into the design of the proposed development as it becomes part of the built environment, balancing lighting needs with ambient light levels and general neighborhood nighttime characteristics. One hour after the close of the last business, site lighting may be powered down by at least 1/2.

Submission requirements. Each site plan shall require the submission of a photometric plan covering the entire site.

Parking lot lighting.

Pedestrian lighting. Pedestrian lighting shall be provided along sidewalks in common areas and in other areas having public access for safety and security. Lighting shall be located horizontally and vertically to provide a well-lit pathway without light trespass on adjacent properties.

Architectural lighting. Architectural lighting should only be used to illuminate special building features.

Computation of spaces. When the computation of required parking or loading spaces results in the requirement of a fractional space, the fractional space shall require a full space if the fraction is greater than 1/2.

Combined uses/multiple uses. In the case of combined or mixed uses, the parking facilities required shall be of the sum of the requirements for the various individual uses, computed separately in accordance with this bylaw. Parking facilities for one use shall not be considered as providing the required parking facilities for any other use unless it can be clearly demonstrated that the need for parking occurs at different times.

Location.

Existing spaces. Parking or loading spaces being maintained in any district in connection with any existing use on the effective date of this bylaw, or any spaces subsequently provided in accordance with this bylaw, shall not be decreased or in any way removed from service to the use originally intended to be served so long as said use remains, unless a number of parking or loading spaces is constructed elsewhere such that the total number of spaces conforms to requirements of the parking and loading schedules.

Materials. All parking areas shall contain 2 1/2 inches of pavement. Durable curbing shall be installed for four inches above the pavement at appropriate locations to provide for adequate drainage and protection of buffer areas. Parking areas shall be constructed with a subsurface drainage system which is either connected to or designed in conjunction with the existing and proposed street or driveway drainage system. The drainage shall be designed for a twenty-five-year storm frequency.

Parking spaces. Each required off-street parking space shall be marked with paint or other durable marking material and shall be large enough to contain a rectangle measuring not less than nine feet by 18.5 feet. This area shall constitute one space. For subcompact cars, a space shall be large enough to contain a rectangle measuring not less than eight feet by 17 feet.

Loading spaces.

All lighting of parking lots shall be arranged so as to adequately light the entire parking lot and will be directed away from the street and adjoining residential uses.

Entrance/Exit drive widths and location.

Subcompact car spaces.

Business 1 Zone exception. All businesses proposed for the Business 1 Zone may be exempted from the off-street loading requirements if, in the opinion of the Planning Board, an unsafe traffic condition is not created.

Display of merchandise. No parking or loading area shall be used for the sale, repair, display, storage, dismantling, or servicing of any vehicle, equipment, merchandise, material, or supplies except as specifically permitted by these bylaws in conjunction with uses directly involving sale, servicing, storage, or repair of vehicles in districts where such uses are permitted.

Parking barriers. A substantial bumper of concrete, steel, or heavy timber; or a concrete curb or berm which is backed; or a natural berm; shall be so located at the edge of surfaced areas except driveways so as to protect abutting structures, properties, sidewalks and landscaping.

Aisle and maneuvering space. The aisle maneuvering area shall be provided based on recognized standards approved by the Highway Research Board.

Senior citizen housing. In instances where a senior citizen housing project is developed, the requirement for off-street parking shall be one space for every two dwelling units.

Municipal parking lots and areas. The Planning Board shall not allow the substitution of parking space within municipal parking lots in lieu of the parking requirements of this bylaw.

Employee parking. In addition to the requirements for off-street parking in Subsection A, all use(s) of land shall also provide one parking space per employee on the largest operating shift unless otherwise noted.

Drive-up window stacking lane requirements.

Tandem parking spaces, as defined in § 230-1.5, may be allowed in the Business 1 (B1), Business 2 (B2), Business 4 (B4), Industrial 1 (I1), Industrial 2 (I2) and the Industrial 3(I3) Zones. The Planning Board may make the finding that tandem parking may be used in the Transit Oriented Development (TOD) and North Main Street Business Overlay District.

Wall sign: includes all identification parallel and attached to a building wall. The following formula shall regulate the wall sign dimensions:

Freestanding sign. The size of the freestanding sign shall not be larger than 16 square feet per side. The sign shall have a maximum height of 15 feet and shall be set back a minimum of five feet from the property line. The maximum size of a freestanding sign shall be 32 square feet per building.

Overhanging signs. Signs may be permitted to overhang a public way or project from the front face of a building, provided they do not exceed 12 square feet per side in area. Such signs shall not project more than five feet from the front face of the building wall and shall be at least eight feet above the ground.

A-frame/sandwich board signs.

Each building shall be entitled to have one freestanding sign or monument sign. The sign height requirement for a freestanding sign shall be a maximum of 15 feet with at least a ten-foot setback from the property line with a maximum of 30 square feet per side, or a total of 45 square feet if parallel to a frontage road.

Each building shall be entitled to one front wall sign, the size of the wall sign to be determined by the following formula:

Each building may be entitled to one rear wall sign in conformance with § 230-1.5, Definitions, "rear wall sign." A business in the Downtown Business Zone or the Reservoir District having a non-primary, for zoning purposes, secondary frontage on a public or private way or public or private parking lot may be permitted an additional wall sign on that second frontage. Said wall sign shall not be greater in length than 20% of the rear facade of the building. Rear wall signs shall not be larger than 16 square feet.

One sign for identification, announcement of professional or home occupations, or announcements of membership of an occupant or occupants of a dwelling in a professional, fraternal, or service organization, or announcement of use of any other property, not exceeding three square feet in area.

Temporary signs may be displayed for a period of one year, during construction of the premises. The size of the temporary signs shall not exceed 32 square feet per side.

Off-site directional signs, provided they do not exceed three square feet in area and not more than two per establishment, provided they are not located within a public right-of-way.

Temporary signs advertising public and civic events.

Signs in excess of 12 square feet which overhang public ways.

Animated signs, except for barber poles.

Off-site directional signs in excess of three square feet.

Pennants, flags, whirligigs and banners.

Intermittently lighted signs.

Illuminated signs which cause any glare distracting to drivers, or are in such a position or of such color as to hamper the readability of traffic lights or other traffic signs.

Billboards or other off-site advertising.

Wall signs shall not extend above roof lines.

No freestanding sign shall be constructed on the roof of building.

Along the Wading River, Canoe River, Rumford River, south of Spring Street to the Norton Town Line, and Hodges Brook south of School Street to the Norton Town Line, construction of primary-use buildings shall not be permitted within 100 feet, as measured by the high water line of said watercourses.

Along all other brooks and streams, construction of primary-use buildings shall not be permitted within a distance which is equivalent to the minimum rear year setback of any zone, or 20 feet, whichever is greater, as measured from the high water line of said brook or stream.

Around all lakes, ponds and the following very poorly drained and poorly drained soil associations (Whitman, Scarboro, Medisaprists, Ridgebury and Walpole), construction of primary-use buildings shall not be permitted within a distance which is equivalent to the minimum rear yard setback of any zone, or 20 feet, whichever is greater, as measured from the high water line of said lake, pond or the soil line of the above-described very poorly or poorly drained soils. Said soils are specifically described in a document titled "Soil Survey of Bristol County Massachusetts (Northern Part)" prepared by the United States Department of Agriculture, Natural Resources Conservation Service. Said document is hereby incorporated into the Mansfield Zoning Bylaw.

A primary-use building shall not be erected in the Residence 1, Residence 2, Residence 3 and Reservoir Districts on a lot which contains a permanent body of water; or swamp and wetland specifically described as very poorly or poorly drained soils [said soils are specifically described in a document titled "Soil Survey of Bristol County Massachusetts (Northern Part)" prepared by the United States Department of Agriculture, Natural Resources Conservation Service] unless said lot conforms to the following minimum lot sizes and contains the minimum buildable contiguous area which would be exclusive of said body of water and very poorly drained or poorly drained soil. Said lot shall contain the minimum buildable contiguous area that exists prior to any approval that may be granted by the Mansfield Conservation Commission under MGL c. 131, § 40.

A primary-use building shall not be erected in the Business 1, Business 2, Business 3, and Industrial Districts, on swamps and wetlands, specifically described in a document titled "Soil Survey of Bristol County Massachusetts (Northern part)" prepared by the United States Department of Agriculture, Natural Resources Conservation Service, unless the required permits are obtained from the Board of Health and under Chapter 131 of the Massachusetts General Laws.

Schedule.

In the Planned Business District only, an additional density bonus may be added to the by-right density when an applicant chooses to use green building or sustainable design and/or construction techniques.