94-6.1.1 Purpose. The purpose of this section is:

1.

To reduce congestion in the streets and contribute to traffic safety by assuring adequate places for the standing and storing off the street of motor vehicles associated with any use of land;

2.

To ensure that any use of the land involving the arrival, departure, storage, or entry upon the land of motor vehicles be so designed and operated as to reduce hazard to pedestrians upon the public sidewalks; and

3.

To protect the use of adjoining property from nuisance caused by the noise, fumes, and glare of headlights which may result from the operation and parking of motor vehicles off the street.

94-6.1.2 Table of Off-Street Parking and Loading Requirements. The off-street parking and loading requirements are contained in the Table of Use Regulations and Off-Street Parking and Loading Requirements in section 94-3.2.

94-6.1.3 Parking Requirements. The following parking requirements shall apply to the uses in the Table of Use Regulations and Off-Street Parking and Loading Requirements.

* Incentives for alternative minimum residential parking requirements

** Not withstanding the above tables, non-residential uses with 5,000 square feet or less of gross leasable floor area are exempt from any minimum parking requirements.

94-6.1.4 Off-Street Parking Requirements; General.

1.

In any district, parking spaces shall be provided at a rate specified in section 94-3.2 or section 94-6.1.3.

2.

In residential districts, the number of off-street parking spaces shall not exceed 200 percent of the minimum requirements. This maximum shall include both uncovered and enclosed parking spaces, and apply whether or not those spaces are used for parking.

3.

Parking spaces not enclosed in a structure may be provided anywhere on the lot except in an inner court, except that no parking may be provided within the front yards in SF-1, SF-2, and GR district.

4.

Any parking space not located on the same lot as the structure or use to which it is assigned, whether or not in the same ownership, in order to be credited to such structure or use in meeting the requirements of this chapter, must be legally available and be within 500 feet of the structure, measured within street rights-of-way. Proof of legal availability and permanence consistent with section 94-6.1.5 shall be required. Failure to retain the availability of such parking space for the need it is required to serve shall be sufficient cause to deny or revoke an occupancy permit until such space is restored or replaced.

5.

Parking spaces shall be designed for occupancy only by passenger cars and commercial vehicles not exceeding seven and one-half feet in width or 18 feet in length, unless the parking spaces are specifically identified on a plan accompanying an application for a building permit or occupancy permit with sufficient area and adequate width of aisles for the vehicle intended.

6.

Except for vehicles exceeding seven and one-half feet in width or 18 feet in length:

a.

The minimum parking space will include a rectangular area not less than nine feet in width and 19 feet in length for all angle parking, or 22 feet in length for parallel parking and eight feet of clear height.

b.

For multiple dwellings where the required parking is 20 or more spaces, up to 30 percent of the angle parking spaces may be designated for compact cars, and include a minimum rectangular area of not less than eight feet in width and 17 feet in length per space.

c.

For nonresidential structures, up to 30 percent of all spaces may be designated for compact cars, and include a minimum rectangular area of not less than seven and one-half feet in width by 19 feet in length for parallel spaces and seven and one-half feet in width by 17 feet in length for angle spaces.

7.

The minimum width of aisles providing access to more than two spaces, and designed for two-way traffic shall be at least 24 feet.

8.

The minimum width of aisles providing access to more than two spaces, and designed for one-way traffic only, depending on the angle of parking shall be:

9.

The width of entrance and exit drives at the street line which provide access to parking areas shall be as follows:

a.

The minimum width of entrance and exit drives shall be 12 feet for one-way use, or for driveways providing access primarily for overnight parking with only incidental day-use, and 20 feet in all other instances.

b.

The maximum width of drives at the street line shall be 20 feet in residential districts and 30 feet in all other districts.

10.

No part of any outdoor parking area provided for multiple dwellings shall be located closer than six feet from a principal building. The ends and sides of parking spaces adjacent to such buildings shall be defined by a raised curb or berm.

11.

Additional provisions for driveways in residential districts:

a.

New driveways shall require a permit from the city engineer.

b.

Driveways must be paved with paving stones, grass pavers, pervious concrete, or porous asphalt unless graded to direct runoff onto on-site permeable areas or granted a waiver by the city Engineer to mitigate adverse site conditions.

c.

Ribbon driveways ate highly encouraged. Ribbon driveways must have paved tracks that are at least two feet in width and five feet on center with an unpaved area that is at least three feet in width.

94-6.1.5 Off-Street Parking and Loading Requirements; General.

1.

All required parking and loading spaces shall be provided and maintained for as long as the use exists for which these spaces were designed and required. No off-street parking or loading area shall be used for any use that interferes with its availability for the need it is required to serve.

2.

No parking area containing more than two spaces and no loading area shall be designed or located so as to require or encourage motor vehicles to back or otherwise maneuver on the sidewalk.

3.

There shall be easy and ordinarily available access from any off-street parking or loading space to the street.

4.

No part of any entrance and exit drives for parking areas containing more than two spaces and loading areas shall be closer than 20 feet to one another, nor located closer than ten feet from a side lot line, measured at the street line. No part of any entrance and exit drive for parking areas and loading areas shall be closer than 20 feet from a street intersection, measured at the street line.

5.

All parking and loading spaces and their access shall be graded, surfaced with asphalt or other suitable material and drained to the extent necessary to prevent dust, erosion, or excessive water flow injurious to the use of surrounding property.

6.

Any outdoor lighting of parking or loading area shall be so arranged that no light source shall be visible from any point on surrounding properties.

7.

No part of any parking or loading area shall be located closer than five feet from a lot line if the provisions of Section 6.3.2 apply, or three feet from a lot line in all other instances. The ends and sides of parking and loading spaces adjacent to a lot line shall be defined by a raised curb or berm.

94-6.1.6 Computation of Parking Spaces and Loading Spaces. In computing the required number of parking and loading spaces, if the application of the rate results in a fraction of one half or greater, an additional full space shall be required. Each parking and loading space provided shall be exclusive of drives and maneuvering space.

1.

Where mixed uses occur, parking and loading spaces required shall be the sum of the requirements for the several individual uses, computed separately except when it can be demonstrated to the building commissioner reasonable satisfaction that such uses are not in operation at the same time and that adequate spaces exist to handle the requirements for each use during each of the relevant time periods.

94-6.1.7 Off-Street Loading Requirements; General. In any district, loading spaces shall be provided at the rate specified in section 94-3.2, and as follows:

1.

Where retail sales, consumer service business or other uses are designed or constructed as a group or as a unified building, and while common loading facilities are shared, the aggregate of individual uses may be treated as one building for the purpose of calculating off-street loading requirements.

2.

Loading spaces not enclosed in a structure may be provided in a side or rear yard, but not in a front yard or court. However, loading spaces serving enclosed retail malls, where individual stores front inward onto a mall-type pedestrian area, may be located in a front yard provided that said spaces are adequately screened and protected.

3.

All loading spaces shall be provided entirely on the lot with the principal use served.

4.

The minimum loading space shall include a rectangular area not less than 12 feet in width, 30 feet in length, and 14 feet of clear height directly accessible to aisles of adequate width.

5.

The minimum width of entrance and exit drives which provide access to loading spaces shall be 20 feet and the maximum width shall be 30 feet, measured at the street line.

6.

Loading spaces may be enclosed in a structure and must be so enclosed if located in or within 50 feet of a residential district where the use involves regular night operation.

94-6.1.8 Screening and Buffers.

1.

When parking is provided in a front yard, buffer strips at least three feet in width and planted with dense planting material or an opaque fence of uniform appearance, should be provided on the side(s) of the parking area visible from the abutting street(s) and lot(s).

2.

All outdoor parking areas containing more than four spaces shall be screened from adjacent property in manner and to the extent required by section 94-6.3.2.

3.

Loading spaces provided in or within 100 feet of a residential district must be adequately screened from adjacent residences.

94-6.1.9 Shared Parking. "Shared parking" shall be defined as parking spaces that can be commonly shared or used to serve two or more individual land uses without conflict or encroachment and may include properties in the same or different ownership. Notwithstanding any other provisions of this chapter, shared parking may be permitted by the SPGA or by site plan approval, as the case may be, provided that:

1.

The applicant submits a shared parking analysis by a qualified traffic engineer or other parking professional demonstrating the availability of parking space supply to satisfy the peak parking space demand of the various uses during all or part of the day. The applicant may use off-site parking for shared parking provided the off-site parking is located within 500 feet of the premises.

2.

In the event that shared parking involves properties in different ownership, or the same ownership that is off-site, a proposed contract, agreement, or suitable legal instrument acceptable to the SPGA or during site plan approval, specifying the location of all spaces to be jointly used, the number of such spaces, the hours during the day that such parking shall be available, and the duration or limit, if any on such parking, shall be recorded with the Middlesex Registry of Deeds with a copy thereof filed with the SPGA or other authorizing entity.

3.

Any reduction in area required for parking because of these joint use provisions may be required as reserved landscaped open space.

4.

Nothing in this section 94-6.1.9 shall relieve the owner from providing parking facilities in accordance with this chapter if subsequently the joint use of parking facilities shall terminate.

94-6.1.10 Special Permit. The SPGA or community development board may, by special permit or in site plan review, as the case may be, reduce or waive the requirements of this section if warranted considering, among other factors: specific site or public safety considerations; access to public transportation; the supply and demand of on-street parking in the vicinity; mobility management/shared vehicle programs and services to be provided by the applicant; and if no substantial detriment shall result to the neighborhood.

94-6.2.1 Purpose. The purpose of this section is:

1.

To preserve and enhance the substantial and respective interests of the citizens, property owners, business owners, and the government of the city; and

2.

To regulate the manner in which signage affects the natural, scenic, historic, cultural, and aesthetic qualities of life and neighborhoods of the city;

3.

To prevent hazards to vehicular and pedestrian traffic;

4.

To preserve the amenities and protect the visual quality of the city;

5.

To improve the physical appearance of the city;

6.

To reduce visual clutter and blight;

7.

To protect property values; and

8.

To enhance the economic climate of the city.

The city through this section recognizes that signs perform important functions in the community which are essential for the conduct of private and public business, and for the safety of its citizens. Also recognized is the need for signage to display noncommercial messages by noncommercial entities such as civic, religious, and political organizations. These matters are of significant importance and interests to the city, and therefore serve as a proper basis for the legitimate regulation of signs.

94-6.2.2 Authority and Interpretation. This section is declared to be remedial and protective, and is adopted pursuant to the authority conferred by M.G.L.A. c. 93, § 29, and M.G.L.A. c. 43B and every other power and authority pertaining thereto.

94-6.2.3 Applicability. No private sign, billboard, or other advertising device shall be erected, enlarged, displayed, altered (except for repainting in the colors and format as depicted in the original application), or permitted, except in accordance with this chapter. This section shall not apply to regulatory, directional, or identification signs erected by the city, county, or state, or agencies thereof. All signs shall comply with the regulations for erection and construction of signs contained in the building codes of the commonwealth and other applicable state laws and city ordinances. The owner of record of the premises where a sign is located and the tenant or advertiser who owns or leases the sign shall be responsible for complying with the provisions of this section.

94-6.2.4 Permit Required. Any person wishing to erect a sign in the city, as required by this section, shall first obtain a permit from the city building department, according to the following procedure.

94-6.2.5 Application. An application for a sign permit shall be obtained at the building department in Medford City Hall. The official application form, in duplicate, shall be completed by the applicant, and shall include, but is not limited to, the following:

1.

Photographs of existing buildings and signs.

2.

Two accurately scaled and detailed drawings of the proposed sign, including location, dimensions, projection, materials, elevations, indication of colors to be used, illumination, etc.

3.

Site plan indicating building setback and proposed sign setback from property lines.

4.

Any other information deemed necessary by the building commissioner or office of community development.

5.

Filing fee as set forth in the fee schedule in Appendix A to this chapter.

94-6.2.6 Procedures. The completed application forms, photographs, drawings, and fee shall be submitted to the building department, and forwarded by the building department to the office of community development for review to ensure conformity with all the guidelines set forth in this section. The review shall be completed within ten working days of the date of application.

1.

Approval of the application by the office of community development shall result in the issuance of a sign-design certificate, which shall be forwarded to the building department, for issuance of a regular permit for the sign.

2.

An application disapproved shall contain written reasons for disapproval, including specific references to the cited sections in this chapter. Appeal of such disapproval may be made to the city council according to the provisions of section 94-6.2.6.4.

3.

Failure of the building department or the office of community development to act on an application within ten days of the filing date shall result in automatic forwarding of the application to the city council.

4.

Right to Appeal. An appeal by any person aggrieved under the provisions of this chapter may be taken to the city council. Any appeal to the city council shall be taken within 14 days of the date of the decision which is being appealed. Notice of appeal, including a copy of the rejected application and all related materials, shall be filed with the city clerk at least one week prior to the next regularly scheduled city council meeting for consideration.

94-6.2.7 Enforcement. The building commissioner shall interpret, administer, and enforce this section on his own initiative, on referral from other city officials, or on a written complaint. The means and penalties associated with such enforcement are outlined in section 94-11.0 of this chapter.

1.

A violation of this section as determined by the building commissioner, relating to a sign for which a permit has been granted, other than violations described in section 94-6.2.16, shall be addressed in the following manner: The building commissioner shall notify in writing, by certified mail, return receipt requested, the person deemed responsible for such violation, citing the nature of the violation, ordering the corrective action to be taken, and specifying a 30-day period to remedy the violation. If at the end of the 30-day period the cited violation has not been corrected, the building commissioner shall revoke the regular permit and order the sign removed within 15 days. If the sign has not been removed within the 15-day period the building commissioner shall cause the sign to be removed forthwith. All expenses for the removal shall be borne by the responsible party as referenced in section 94-6.2.3.

2.

A violation of this section as determined by the building commissioner, relating to a sign for which a special permit has been granted, shall be addressed in the following manner: The building commissioner shall notify in writing, by certified mail, return receipt requested, the person deemed responsible for such violation, citing the nature of the violation, ordering the corrective action to be taken, and specifying a 30-day period to remedy the violation. If at the end of the 30-day period the cited violation has not been corrected, the building commissioner shall petition the city council to revoke the special permit.

3.

A violation of this section as determined by the building commissioner, relating to a sign for which a permit is not required (see section 94-6.2.16) shall be addressed in the following manner: The building commissioner shall notify in writing, by certified mail, return receipt requested, the person deemed responsible for such violation, citing the nature of the violation, ordering the corrective action to be taken, and specifying a 30-day period to remedy the violation. If at the end of the 30-day period the cited violation has not been corrected, the building commissioner shall order the sign removed within 15 days. If the sign has not been removed within the 15-day period the building commissioner shall cause the sign to be removed forthwith. All expenses for the removal shall be borne by the responsible party as referenced in section 94-6.2.3.

4.

Appeal of building commissioner's decisions. All actions of the building commissioner may be appealed by the sign owner to the city council. Appeal of the building commissioner's written order to repair or remove a sign shall be made within 14 days of receipt of such written order. All actions by the building commissioner to remove or revoke its permit shall be stayed if an appeal by the sign owner is made to the city council within the 14 days. The stay shall remain in effect until the matter has been redressed by the city council, or other authorized appeals board, or court of law.

5.

Penalties. Any person who violates any provision of this section shall be subject to a fine in accordance with section 94-11.3.1.

94-6.2.8 Permit Rights. The rights granted via a special permit or regular permit issued under this section or previous ordinances to erect, enlarge, display, or alter a sign are, herein, vested with the person, company, corporation, or other entity to whom the permit has been issued and cannot be assigned. When a change occurs in ownership of a sign permitted under this section or previous ordinances, or granted by special permit, the new owner shall so register with the building commissioner. Any sign permitted under this section or previous ordinances, or granted by special permit, shall not be enlarged, altered, or replaced until the design review process has been completed by the new owner. All current or new owners of approved signs legally obtained by regular permit or by special permit shall not forfeit or lose the intended rights granted in the original permit or special permit upon re-registration.

94-6.2.9 Permit Renewals. All signs in existence by permit or special permit granted under this section or previous ordinances shall be reinspected every three years from date of issue or from date of enactment of the ordinance from which this section is derived, and every three years thereafter. The building department shall mail a reinspection application to each sign owner 60 days prior to the expiration of every three-year period. The reinspection application shall be completed by the sign owner and submitted to the building department before the expiration of the three-year period. The application shall include a recent color photograph of the sign showing its setting and location, and the designated fee. The building commissioner shall examine the sign and determine that it is in good repair, prior to issuing a reinspection certificate. If the building commissioner determines that the sign is in disrepair, the matter shall proceed as directed in section 94-6.2.16. The reinspection fee schedule shall be as set forth in the fee schedule in Appendix A to this chapter. Additional fines shall be levied according to this section if the reinspection application is not received within 60 days from receipt of notice. Redress for violation of this subsection shall be as provided herein.

94-6.2.10 Area and Height of Signs. Calculations for area and height of signs shall be as follows:

1.

For a freestanding sign or sign attached to a building, the area of the sign shall be considered to include all lettering, wording and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed, but not including any supporting framework and bracing which are incidental to the display itself.

2.

For a sign painted upon or applied to a building, the area of the sign shall be considered to include all lettering, wording, and accompanying designs or symbols together with any background of a color different from that of the building.

3.

Where the sign consists of individual letters or symbols attached to or painted on a surface, wall, or window, the area of the sign shall be considered to be that of the smallest rectangle or other geometric shape which encompasses all letters and symbols.

4.

Only one face of a double-sided sign shall be counted in computing the area of a sign, provided the sign faces are parallel and of equal size.

5.

The height of a sign shall be the vertical distance between the top of a sign and the mean grade of the ground adjoining that portion of the building to which the sign is attached; or that ground within ten feet of a freestanding sign.

94-6.2.11 Signs in All Zones on Property Whose Principal Use is Residence. On-premises commercial and noncommercial signs located in all zones are permitted on property used primarily for residential purposes, as indicated by the records of the board of assessors, provided they are limited to and conform with the following:

1.

Temporary sign. As provided in section 94-6.2.14.

2.

Primary wall sign. Not permitted.

3.

Secondary wall sign. Not permitted.

4.

Projecting sign. One projecting sign per residence. No permit required. Sign shall be located at or near the primary entrance to residence. Sign shall not exceed four square feet in area, shall be attached at a right angle to the wall of the residence, and shall not project more than two feet from the wall. The bottom of the sign shall be at least eight feet above grade. The top of the sign shall be no higher than whichever of the following is lower: 20 feet above grade or the top of the sills of the first level of windows above the first story.

5.

Freestanding sign. One permanent freestanding sign per lot, provided that it is in conjunction with a permitted nonresidential use. Permit required. One temporary freestanding real estate sign per lot. No permit required. A permanent freestanding sign shall have no more than two faces. Area of the sign face shall not exceed 12 square feet. The height of a permanent or temporary freestanding sign shall not exceed six feet above grade, measured to the topmost portion of the sign or sign structure. A freestanding sign shall not be located within six feet of a lot line.

6.

Window sign. One window sign per residence, if in conjunction with a permitted nonresidential use, shall not exceed 35 percent of the glassed area to which it is attached. Permit required. Noncommercial signs may be displayed and are not subject to the 35 percent rule. No permit required.

7.

Illumination. For signs displayed on property used primarily for residential purposes, including commercial signs as permitted in this section, if illuminated, the illumination shall be continuous, indirect, natural, or external, and shall not make use of neon. Internal illumination is not permitted. Direct light from illumination shall not shine onto any adjacent residential property, nor shine onto a public way so as to create a traffic hazard. Signs shall not be illuminated between the hours of 10:00 p.m. and 7:00 a.m.

8.

Movement. Movement is not permitted. Signs shall have no moving parts and shall not convey changing images and messages.

9.

Business/professional use. Any person using a portion of a residentially zoned property for business or professional use as permitted by the Table of Use Regulations in section 94-3.2 who wishes to advertise or erect a sign for such use shall obtain a sign permit, and shall conform to the requirements of this section. No other commercial sign is permitted on residential property, unless specifically permitted or regulated elsewhere in this section.

10.

Subdivision identification sign. One sign shall be permitted for each separate street and/or separate building and/or for each means of entrance to or exit from the subdivision, apartment, or condominium complex. Size shall not exceed 12 square feet. The sign may be freestanding. Permit required.

11.

Prohibited signs. The following additional signs are not permitted in any zone on property used primarily for residence: Awning; banner; billboard; canopy; marquee; off-premises; portable; roof; time/temperature; as otherwise designated in this section.

94-6.2.12 Signs in Commercial, Office, Industrial, and Multi-use Zones. On-premises commercial and noncommercial signs are permitted in commercial office, industrial, and multi-use zones, provided they are limited to and conform with the following:

1.

Temporary signs. As provided in section 94-6.2.14.

2.

Primary wall sign. Permit required. Each business establishment shall be permitted one primary wall sign. The area of the sign shall not exceed two square feet for each linear foot of building frontage upon which the sign is affixed, or 100 square feet, whichever is less. The area of a primary wall sign may be increased by the sum of the following formula: one square foot for each two linear feet of building facade setback from the sidewalk, or 300 square feet, whichever is less. If a business is located on a lot that has building frontage on a secondary street or parking lot, and the building frontage on the secondary street or parking lot exceeds 75 percent of the building frontage on the primary street, or, in particular instances, due to the nature of the use of the premises, the architecture of the building, or its location with reference to the street, then the total allowable sign area of the primary wall sign, as specified in the formula in this section, may be divided between two such wall signs which would together constitute the primary wall sign. One or both signs shall be placed on the primary facade, or divided between the primary and secondary facades. The width of the primary wall sign, whether affixed to the primary side of the building or the secondary side, shall not exceed 90 percent of the total linear building frontage of the face of the building to which the sign is attached, or 50 linear feet, whichever is less. The width of a primary wall sign may be increased by the sum of the following formula: one linear foot for each 25 feet of building facade setback, not to exceed a resulting maximum width of 65 linear feet.

3.

Secondary wall sign. Permit required. Each business establishment, if it has building frontage on a secondary street or parking lot, shall be permitted one secondary wall sign. The area of the sign shall not exceed one square foot per linear foot of building frontage of the building facade to which the sign is affixed, or 40 square feet, whichever is less, provided that no portion of the primary sign is affixed to the same building frontage on the secondary street or parking lot.

4.

Projecting sign. One projecting sign per business establishment. Permit required. Sign shall be located at or near the primary entrance. Sign shall not exceed four square feet in area, shall be attached at a right angle to the wall of the building, and shall not project more than two feet from the wall. The bottom of the projecting sign shall be at least ten feet above grade. The top shall be no higher than whichever of the following is lower: 25 feet above grade, or the top of the sills of the first level of windows above the first story. In one-story buildings with a continuous horizontal parapet, such sign shall be mounted no higher than the top of the parapet. Continuous, direct, and indirect illumination is permitted. Interior illumination and neon are not permitted. Applicants for a projecting sign over public property shall submit proof of liability insurance or bond for the sign.

5.

Freestanding sign. One freestanding sign per lot is required in a C-1 zone. Sign shall have no more than two faces, each of which shall not exceed 30 square feet, and shall not be located within six feet of the front lot line. The sign shall not exceed a height of six feet above grade, measured to the topmost portion of the sign or sign structure. One freestanding sign per lot is permitted in C-2, O and I zones. The sign shall have no more than two faces, each of which shall not exceed 60 square feet, and shall not be located within six feet of the front lot line. The sign shall not exceed a height of 20 feet above grade, measured to the topmost portion of the sign or sign structure. In shopping centers and other commercial developments consisting of a single parcel occupied by two or more businesses, the area of each face shall not exceed 90 square feet. The sign must serve one of the following uses: identification of the entire complex, composite identification naming each establishment individually, or identification of the primary establishment.

6.

Window sign. Permanent window signs, including exposed neon type, shall require a permit. Permanent window signs and temporary window signs shall not in the aggregate exceed 35 percent of the glassed area in which they are displayed. Two signs, of the exposed neon type or internally illuminated, may be displayed. If two signs are displayed, each sign shall not exceed four square feet in area. If an applicant wishes to display one sign, the sign shall not exceed six square feet in area. The total signage, including permanent and temporary signs, permitted to be displayed in a window shall not exceed 35 percent of the total glassed area, regardless of the number of businesses occupying and sharing the premises containing the glass. This subsection shall not operate to permit at any time more than two four-square-foot neon-internally illuminated signs per premises, or one six-square-foot neon/internally illuminated sign per premises, or any combination of signs which will exceed 35 percent of the glassed area. Noncommercial window signs may not be of the exposed neon type, nor be internally illuminated. They shall not require a permit, and shall not be subject to the 35 percent rule.

7.

Illumination. Illumination is permitted except as specifically prohibited in this section. Illumination shall be continuous. A sign shall not be illuminated between the hours of 11:00 p.m. and 6:00 a.m. unless the premises on which it is located is open for business. Signs may remain lighted for one-half hour after closing, and may be relighted one-half hour before opening. Outdoor floodlighting must be installed in a manner that will prevent direct light from shining onto any street or adjacent property. Illumination of the exposed neon type is allowed only as directed herein.

8.

Movement. Movement is not permitted, except that which is allowed in section 94-6.2.13.11.

9.

Awnings. Permit required. One awning is permitted for each display window and primary entrance. If the awning is to contain copy in the form of letters, characters, logos, company name, etc., the total area of copy permitted shall be according to one and only one of the following choices: (1) If an applicant chooses to erect simultaneously a primary sign and an awning, the signage copy may be divided equally or unequally between the two, for a total combined sign area not to exceed 110 percent of the total allowable primary sign area. (2) If an applicant chooses to erect an awning subsequent to the erection of the primary wall sign, and the primary wall sign is already of maximum allowable size, the applicant may apply signage copy to the awning in an amount not to exceed ten percent of the total permitted primary wall sign area. (3) If an applicant chooses to erect a wall sign subsequent to the erection of an awning which already contains signage equal to the maximum allowed in a primary wall sign, the applicant shall be permitted additional signage not to exceed ten percent of the total allowable primary sign area. This new sign shall not be attached to the awning, but shall be affixed to the wall of the building facing the primary street.

10.

Off-premises noncommercial sign. All off-premises noncommercial signs are permitted on businesses and residences in commercial, office, and industrial zones as provided in this section.

11.

Time and temperature sign. Time and temperature signs are permitted. No additional movement is permitted other than that which specifically constitutes the time and temperature indications.

12.

Marquees. Theaters, cinemas, hotels, and motels shall be permitted one marquee sign. The maximum area shall be limited to 40 square feet. Theaters and cinemas may increase their maximum allowable area by 20 square feet for each additional theater or cinema, not to exceed an aggregate total of 100 square feet.

13.

Barbershop pole sign. Permit required. One sign per business establishment. Permit required. This subsection shall not operate to permit at any time more than one projecting sign. The sign, including its frame, shall not exceed 30 inches in height. If mounted on the building facade, no portion of the sign or frame shall extend more than 14 inches from the building facade, nor extend below the height of ten feet above grade, and the sign and frame shall conform with this section. Illumination is permitted per section 94-6.2.13.7.

14.

Prohibited signs. The following signs are not permitted in commercial, office, industrial, and multi-use zones: Billboard; inflatable; off-premises commercial; roof; signs otherwise designated in this section.

94-6.2.13 Signs in Residential Zones Identifying Permitted Nonconforming Commercial Uses. This section recognizes that preexisting, nonconforming commercial uses are located in residential zones (SF-1, SF-2, GR, APT-1, APT-2, APT-3). On-premises commercial signs and noncommercial signs are permitted in these zones on property identifying permitted nonconforming commercial uses, provided they are limited to and conform with the following:

1.

Temporary signs. As provided in section 94-6.2.14.

2.

Primary wall sign. Permit required. Each business establishment shall be permitted one primary wall sign. The area of the sign shall not exceed two square feet for each linear foot of building frontage upon which the sign is affixed, or 100 square feet, whichever is less. The area of a primary wall sign may be increased by the sum of the following formula: one square foot for each two linear feet of building facade setback from the sidewalk, or 200 square feet, whichever is less. If a business is located on a lot that has building frontage on a secondary street or parking lot, and the building frontage on the secondary street or parking lot exceeds 75 percent of the building frontage on the primary street, or, in particular instances, due to the nature of the use of the premises, the architecture of the building, or its location with reference to the street, then the total allowable sign area of the primary wall sign, as specified in the formula in this section, may be divided between two such wall signs which would together constitute the primary wall sign. One or both signs shall be placed on the primary facade, or divided between the primary and secondary facades. The width of the primary wall sign, whether affixed to the primary side of the building or the secondary side, shall not exceed 90 percent of total linear building frontage of the face of the building to which the sign is attached, or 50 linear feet, whichever is less. The width of a primary wall sign may be increased by the sum of the following formula: one linear foot for each 25 feet of building facade setback, not to exceed a resulting maximum width of 65 linear feet.

3.

Secondary wall sign. Permit required. Each business establishment, if it has building frontage on a secondary street or parking lot, shall be permitted one secondary wall sign. The area of the sign shall not exceed one square foot per linear foot of building frontage of the building facade to which the sign is affixed, or 40 square feet, whichever is less, provided that no portion of the primary sign is affixed to the same building frontage on the secondary street or parking lot.

4.

Projecting sign. One projecting sign per business establishment. Permit required only if sign extends over public property. Sign shall be located at or near the primary entrance. Sign shall not exceed four square feet in area, shall be attached at a right angle to the wall of the building, and shall not project more than two feet from said wall. The bottom of the projecting sign shall be at least ten feet above grade. The top shall be no higher than whichever of the following is lower: 25 feet above grade, or the top of the sills of the first level of windows above the first story. In one-story buildings with a continuous horizontal parapet, such sign shall be mounted no higher than the top of the parapet. Continuous, direct, and indirect illumination is permitted. Interior illumination and neon are not permitted. Applicants for a projecting sign extending over public property shall submit proof of liability insurance or bond for the sign.

5.

Freestanding signs. One freestanding sign per lot is permitted. The sign shall have no more than two faces, each of which shall not exceed 12 square feet. A freestanding sign shall not be located within six feet of a front lot line. The sign shall not exceed a height of six feet above grade, measured to the topmost portion of the sign or sign structure.

6.

Window sign. Permanent window signs, including exposed neon type, shall require a permit. Permanent window signs and temporary window signs shall not in the aggregate exceed 35 percent of the glassed area in which they are displayed. Two signs, of the exposed neon type or internally illuminated, may be displayed. If two signs are displayed, each sign shall not exceed four square feet in area. If an applicant wishes to display one sign, the sign shall not exceed six square feet in area. The total signage, including permanent and temporary signs, permitted to be displayed in a window shall not exceed 35 percent of the total glassed area, regardless of the number of businesses occupying and sharing the premises containing the glass. This Section shall not operate to permit at any time more than two four-square-foot neon-internally illuminated signs per premises, or one six square foot neon/internally illuminated sign per premises, or any combination of signs which will exceed 35 percent of the glassed area. Noncommercial window signs may not be of the exposed neon type, nor be internally illuminated. They shall not require a permit, and shall not be subject to the 35 percent rule.

7.

Illumination. Illumination is permitted except as specifically prohibited in this section. Illumination shall be continuous. A sign shall not be illuminated between the hours of 11:00 p.m. and 6:00 a.m. unless the premises on which it is located is open for business. Signs may remain lighted for one-half hour after closing, and may be relighted one-half hour before opening. Outdoor floodlighting shall be installed in a manner that will prevent direct light from shining onto any street or adjacent property.

8.

Movement. Movement is not permitted, except that which is allowed in section 94-6.2.13.11.

9.

Awnings. Permit required. One awning is permitted for each display window and primary entrance. If the awning is to contain copy in the form of letters, characters, logos, company name, etc., the total area of copy permitted shall be according to one and only one of the following choices: (1) If an applicant chooses to erect simultaneously a primary sign and an awning, the signage copy may be divided equally or unequally between the two, for a total combined sign area not to exceed 110 percent of the total allowable primary sign area. (2) If an applicant chooses to erect an awning subsequent to the erection of the primary wall sign, and the primary wall sign is already of maximum allowable size, the applicant may apply signage copy to the awning in an amount not to exceed ten percent of the total permitted primary sign area. (3) If an applicant chooses to erect a wall sign subsequent to the erection of an awning which already contains signage equal to the maximum allowed in a primary wall sign, the applicant shall be permitted additional signage not to exceed ten percent of the total allowable primary sign area. This new sign shall not be attached to the awning, but shall be affixed to the wall of the building facing the primary street.

10.

Off-premises noncommercial sign. All off-premises noncommercial signs are permitted.

11.

Time and temperature sign. Time and temperature signs are permitted. No additional movement is permitted other than that which specifically constitutes the time and temperature indications.

12.

Barbershop pole sign. One sign per business establishment. Permit required. This subsection shall not operate to permit at any time more than one projecting sign. The sign, including its frame, shall not exceed 30 inches in height. If mounted on the building facade, no portion of the sign or frame shall extend more than 14 inches from the building facade, nor extend below the height of ten feet above grade, and the sign and frame shall conform with this section. Illumination is permitted. See section 94-6.2.13.7.

13.

Prohibited signs. The following signs are not permitted in residential zones on property used primarily for commercial purposes: Billboard; inflatable; off-premises commercial; roof; signs otherwise designated in this section.

94-6.2.14 Temporary Signs in All Zones. Unless otherwise regulated by specific provisions of this section, or elsewhere in this chapter, a temporary sign shall not require a permit, but is subject to all applicable regulations in this section. A temporary sign shall not be internally illuminated nor make use of neon. A temporary sign shall be allowed for a period not to exceed 30 days. The building commissioner may grant an extension for one additional period of 30 days; however, in no case shall the temporary sign be permitted for a period to exceed 60 continuous days in any one period of 365 days. At the expiration of the approved period, the temporary sign shall be removed. No sign bearing the same or similar message or information may be displayed in its place. Unless otherwise regulated by specific provisions of this section relating to size, use, and zone in which placed, a temporary sign shall be subject to the following regulations and shall include the following:

1.

Real estate sign. One real estate sign, not exceeding 12 square feet, may be displayed on property used primarily for residence. One real estate sign, not exceeding 32 square feet, may be displayed on property primarily used for commercial purposes. The sign may be freestanding and, if freestanding, shall not exceed six feet above grade, measured to the topmost portion of the sign or sign structure. The sign shall be removed within ten days after execution of an agreement of sale, rent, or lease.

2.

Contractor sign. One contractor sign may be displayed during construction. The sign shall be placed only on the property containing the building or structure, or on the site of the land construction project. The sign may advertise the contractors, architects, owners, leasing or rental and promotion agents, related consultants, or trades people (including but not limited to roofers, carpenters, electricians, plumbers, landscapers, etc.), as they pertain to the work or project on the site for which the sign is erected. The sign shall not exceed in total area that area permitted by the application of the following formula: one square foot for each linear foot of building frontage on the lot (after construction), or 40 square feet in commercial, office, and industrial zones, or ten square feet on property used primarily for residence, whichever is smaller. The sign may be freestanding and, if freestanding, shall not exceed six feet above grade, measured to the topmost portion of the sign or sign structure. The sign shall be removed within ten days of the substantial completion of the work or project.

3.

Political sign. One or more signs may be displayed on private property. A sign shall not exceed 12 square feet in area.

4.

Noncommercial sign. One or more signs may be displayed on private property. A sign shall not exceed 12 square feet.

5.

Window sign. See sections 94-6.2.10—94-6.2.12 if the sign is permanent.

6.

Garage/yard sale sign. One garage/yard sale sign, not to exceed five square feet, may be displayed on private property. The sign shall be removed by the owner and/or poster within 24 hours of the last date of the sale.

7.

Banner sign. No banner sign shall be permitted on any property where there is an established primary sign. A temporary banner sign shall be permitted in accordance with the time frames set forth in this section or until a permanent primary sign is erected, whichever comes first. A permit shall be required.

94-6.2.15 Exempt Signs. Signs noted in this section are exempt from the requirements of obtaining a permit, but may be regulated in this section as to location, quantity, size, use, duration of display, etc. It is the sign owner's responsibility to comply with all guidelines and regulations of this section for exempt signs. In all zones:

1.

Signs not visible from a public or private way. All illumination permitted.

2.

Official traffic signs and official directional signs. All illumination permitted for such signs.

3.

Signs identifying public buildings, or necessary for public safety, convenience, and information, not exceeding six square feet per sign face, provided such signs contain no advertising.

4.

Flags of a city, state or county.

5.

Memorials such as gravestones and cornerstones.

6.

Historical site plaques installed or approved by a public agency or duly established historical society.

7.

Window displays of merchandise or signs incidental to such displays, in all zones.

8.

Alarm/security sign. One sign per premises not to exceed one square foot. May be freestanding.

9.

Temporary signs as defined in section 94-6.2.14.

94-6.2.16 Restrictions. In all zones, no sign shall be erected or displayed whose configuration could be construed as a facsimile of a traffic control device, or which could create a motor vehicle driving hazard, as determined by the building commissioner with the advice of the chief of police.

94-6.2.17 Improperly Maintained and Abandoned Signs.

1.

A sign that is abandoned shall be cause for its removal. The building commissioner shall revoke the permit and notify the sign owner in writing, specifying a 45-day period to remove the abandoned sign. If the sign has not been removed within the time period, the building commissioner shall cause the sign to be removed forthwith. All expenses for the removal shall be borne by the sign owner. If the abandoned sign appears to have historical significance, then the building commissioner shall consult with the mayor and/or the city council for guidance on its removal or retention.

2.

A sign, in existence by virtue of a regular permit or a special permit issued under this section or a previous sign ordinance, that has fallen into disrepair, as determined by the building commissioner, shall not be cause for its removal, but shall be cause for the building commissioner to issue an order for its repair. The building commissioner shall notify the sign owner in writing, specifying the corrective action to be taken, and further specifying a 30-day period to complete the repairs to the sign. If the sign, in existence by virtue of a regular permit, has not been repaired within the 30-day period the building commissioner shall revoke the permit and order the sign removed within 15 days. If the sign has not been removed within the 15-day period the building commissioner shall cause the sign to be removed forthwith. All expenses for the removal shall be borne by the owner of the sign. If the sign, in existence by virtue of a special permit, has not been repaired within the 30-day period the building commissioner shall petition the city council to revoke the special permit.

3.

If the building commissioner determines that a sign is an immediate threat to public safety, irrespective of any stays granted to the sign owner in section 94-305, the building commissioner may cause any sign, abandoned or not, and any portion of its support structure if deemed part of the public threat, to be immediately removed, and/or the threatened public area cordoned off. All expenses for protecting the public, including the removal of stabilization of the public safety threat, shall be borne by the sign owner. A sign which is not abandoned may be returned to its original position, but only after repairs have been made and the public safety threat abated.

94-6.2.18 Nonconforming Signs.

1.

All signs erected, posted, displayed, or otherwise in existence on the date of enactment of this chapter from which this section is derived, without benefit of a permit or special permit by any previous sign ordinance, shall be brought into compliance within six months of the enactment of this chapter from which this section is derived, or the sign shall be removed within the same six-month period.

2.

This section shall not apply to any sign existing by special permit issued by the city council or other official body under previous sign ordinances, but such sign shall be subject to sections 94-6.2.4, 94-6.2.5, and 94-6.2.16.

94-6.2.19 Existing Advertising Devices. An existing advertising device which is the subject of a special permit or regular permit under previous sign ordinances shall be permitted to continue in existence as a matter of right, but shall comply with sections 94-6.2.4, 94-6.2.5, and 94-6.2.16.

94-6.2.20 Special Permit. The SPGA or community development board may, by special permit or in site plan review, as the case may be, approve larger signs or additional on-premises signs, if warranted considering, among other factors: the nature and use of the premises; the architecture of the building or its location with reference to the street; the compatibility of the signage in visual scale to its surroundings; and that no substantial detriment shall result to the neighborhood.

94-6.3.1 Applicability. Due to the higher density and mix of commercial, retail and residential uses in the MUZ District, the requirements of this section shall not apply to the MUZ District.

94-6.3.2 Height of Buffer Strip. Except as provided hereinafter there shall be placed and maintained a buffer strip to a height:

1.

Not less than six feet above the finished surface of the side or rear lot line, in any district along any side or rear line within the side or rear yard of a lot which is occupied by an institutional use; or a principal use allowed in a commercial or industrial district, but not allowed in a residential district; and where said side or rear lot line is in common with a lot in residential use in a residential district.

2.

Not less than three and one-half feet above the surface of a parking area, in any district between the edge of any parking area and the adjacent lot or street line except at entrance and exit drives where the parking area contains more than four spaces; and where said lot or street line is in common with or opposite a lot in a residential district.

3.

Where the surface of the abutting street or lot adjacent to the street or lot line is elevated at least the required height of buffer strip above the finished surface of the side or rear line of the lot to which (1) applies, or the surface of the parking area to which section 94-6.3.2 applies, no landscaped area, wall or fence shall be required.

94-6.3.3 Substitution. Where a lot subject to the requirements of section 94-6.3.2 is to be occupied by a use the special permit for which is subject to the procedures specified in section 94-11.6, the special permit granting authority may specify substitute materials for the buffer strip, and may change its extent and specify minimum and maximum dimensions; increasing the requirement in accordance with the characteristics of the proposed use and its relationship to adjoining streets, and uses, and to the neighborhood, but not decreasing or eliminating the requirement. Fencing up to seven feet in height, may be allowed in lieu of or in conjunction with plantings. Design and height of such fencing, with accompanying landscaping, shall be subject to the approval.

94-6.3.4 Screening and Buffers Between Residential and Nonresidential Uses. On any lot with a nonresidential use, where such a lot adjoins a lot with a residential use, screening and buffers shall apply as follows: A buffer strip shall be at least 15 feet in width and shall contain a screen of plantings of vertical habit located at the border of the lot with the nonresidential use and shall be not less than three feet in width and six feet in height at the time of occupancy of such lot or as early as deemed possible by the building commissioner. Individual shrubs shall be planted not more than 15 feet on center, and shall thereafter be maintained by the owner or occupants so as to maintain a dense screen year round. A permanent irrigation system may be required for such landscaped areas, as required and approved by the building commissioner. At least 50 percent of the plantings shall be evenly spaced. A fence, other than a chain link fence not to exceed six feet in height complemented by suitable plantings and located at the border of the lot with the nonresidential use, may be substituted for such landscaped buffer strip if and as approved by the director of the office of community development. A solid wall may be required to mitigate incompatible land uses, noise, visual and/or other impacts, as required by the director of the office of community development or building commissioner.

1.

These provisions shall also apply for any lot with a nonresidential use that includes open storage and borders a public way. In such cases, a buffer strip or screen which complies with the above provisions, shall be located at a minimum where the lot borders the public way. Upon the determination of the director of the office of community development, the buffer strip or screen may be required to be extended to other areas to mitigate against development impacts on adjacent property, views, or significant structures whether such adjacent use is residential or not, from the use of property for open storage.

2.

When parking is provided in a front yard, buffer strips at least three feet in width and planted with dense planting material or an opaque fence of uniform appearance, should be provided on the side(s) of the parking area visible from the abutting street(s) and lot(s).

94-6.3.5 Large Parking Areas. Parking areas containing over 20 spaces shall have at least one shade tree per ten parking spaces, such tree to be a minimum of two and one-half inches in diameter and located either in the parking area or within ten feet of it. At least five percent of the interior of the parking area shall be maintained with landscaping, including trees, in landscape islands or plots of at least nine feet in width with no more than 20 parking spaces between each island or plot. Trees shall be located to provide visual relief from sun and wind interruption within the parking area and assure safe patterns of internal pedestrian and vehicular traffic. Other traffic calming measures such as crosswalks, bike lanes, rumble-strips and landscape islands may be required as necessary. Use of paving stones, grass pavers, pervious concrete, or porous asphalt is strongly encouraged, wherever possible.

94-6.3.6 Retaining Walls. Retaining walls shall be constructed to a maximum height of six feet. If site conditions require elevation changes of greater than six feet, retaining walls shall be terraced and landscaped. Any retaining wall greater than 36 inches in height shall be designed by a structural engineer. The face of any retaining wall visible from a facing residential district shall be designed with textured or natural stone, solid fieldstone or fieldstone veneer or other similar material.

94-6.3.7 Berms. The SPGA or community development board may require a berm or berms in appropriate circumstances to promote the goals of this section.

94-6.3.8 Unsightly Uses and Areas. Exposed storage areas, refuse disposal facilities, HVAC, machinery, service areas, truck loading areas, utility buildings and structures and other unsightly uses shall be screened from view from neighboring properties and streets using dense, hardy evergreen plantings, or earthen berms, or wall or tight fence complemented by evergreen plantings.

94-6.3.9 Maintenance. All landscaping features, structures and areas required for buffering or screening shall be properly maintained. Dead shrubs or trees shall be replaced within one growing season as a condition of approval.

94-6.3.10 Visibility Requirements. In any district, no planting shall be placed or maintained, and no parking space, loading space, fence, building wall or other structure other than necessary retaining walls shall be constructed if such planting or structure thereby obstructs vision at any point within the corner visibility space. Poles, posts, and guys for street lights and other utility services, and tree trunks bare of leaves and branches shall not be considered obstructions to vision within the meaning of this provision.

94-6.3.11 Special Permit. The SPGA or community development board may, by special permit or in site plan review, as the case may be, reduce or waive any provision of this section, if warranted considering, among other factors: a waiver is offset by ither beneficial aspects of the proposal relevant to the provisions of this section; the overall design and site planning enhances the visual and civic quality of the site; the overall design and experience for residents and visitors; and that no substantial detriment shall result to the neighborhood.

94-6.4.1 Purpose. The following performance standards have been adopted in order to control the size, scale, and impacts of nonresidential and multiple dwelling developments that require a special permit and/or site plan review.

94-6.4.2 Procedures; Rules and Regulations. Applicants for special permits or site plan approval for nonresidential or multifamily uses shall comply with these performance standards. "Nonresidential or multiple dwelling use" shall mean any use any nonresidential use or a multiple dwelling or mixed use structure with six or more dwelling units. The SPGA or the community development board (as the case may be) may adopt rules and regulations for these Performance Standards. The SPGA or community development board may require the establishment of an escrow account, pursuant to M.G.L.A. c. 44, § 53G during the special permit process or site plan approval, to cover all or part of the cost of the technical review required by the project, including services provided by, but not limited to, attorneys, traffic engineers, landscape architects, civil engineers, fiscal analysts, and other professionals.

1.

Applicants may seek a credit for development linkage fees otherwise due for work required under this section 94-6.4. See section 94-10.6.1.

94-6.4.3 Exemptions. The following are exempt from these special permit standards:

1.

Emergency response. Emergency responses performed by a private entity or a public agency and fire or burglar alarms.

2.

Municipal uses and structures. All uses and structures, including schools, leased, owned or operated by the city.

3.

Events. Properly permitted or authorized parades, fairs or outdoor entertainment between the hours of 7:00 a.m. and 11:00 p.m.

94-6.4.4 Lighting Standards. The proposed development shall not produce lighting so as to unreasonably interfere with the use and enjoyment of property within the city. Lighting practices and systems shall (i) reduce light pollution, light trespass and glare in order to preserve and enhance the natural, scenic, and aesthetic qualities of the city; (ii) conserve energy and decrease lighting cost without decreasing night time safety, security, and productivity; and (iii) preserve the night sky as a natural resource to enhance nighttime enjoyment of property within the city.

1.

Shielding. All outdoor light fixtures shall be shielded so as to meet the goals of this section.

2.

Light trespass. Light overspill and glare, including direct light from the light source, is to be confined within the property boundaries. Lighting shall also comply with International Dark Sky Standards when feasible.

3.

Light intensity. Outdoor lighting shall be designed to provide the minimum intensity needed at any particular time. LED lighting is preferred.

4.

Illuminated surfaces. Preferred surfacing for lighted areas shall be of materials such as blacktop which reflect a relatively small fraction of incident light. Parking area lighting shall be reduced or eliminated outside business hours. The SPGA or community development board may require an electrical configuration for parking areas which support shut off for specific unused areas to reduce the glare from lighting.

5.

Searchlights. The operation of laser shows or searchlights for advertising purposes is prohibited; provided however, that same may be authorized for a period of not more than fourteen days by special permit issued by the SPGA or community development board.

6.

Indoor lighting. Indoor light sources will not be projected outside in a manner to defeat the intent of this section.

7.

Outdoor signs. Outdoor light fixtures used to illuminate an outdoor sign shall be mounted on top of the sign structure or otherwise restricted to prevent up-light and light trespass.

8.

Flickering and flashing lights. No flickering or flashing lights shall be permitted. Processes, such as arc welding, which create light flashes shall be confined within buildings or shielded to prevent either direct glare or flashing.

9.

Height of fixtures.

a.

Wall mounted fixtures. Luminaires attached to a building for area lighting shall be mounted no higher than 15 feet above grade;

b.

Pole mounted fixtures. Pole mounted exterior lighting fixture types shall be mounted no higher than 20 feet above grade.

10.

Hours of operation. Except as may be deemed appropriate for site safety or security, all external lighting, including lighting accessory to authorized signs, shall be extinguished one half hour after the facility is closed for the business day. Such lighting may be timed to resume one half hour prior to the arrival of the first employee on the premises. Motion activated lights are encouraged for security purposes.

94-6.4.5 Noise Standards. The proposed development shall not unreasonably interfere with the reasonable use and enjoyment of property within the city as a result of the generation of noise. Practices and systems shall (i) reduce noise pollution in order to preserve and enhance the natural and aesthetic qualities of the city; (ii) preserve property values; and (iii) not increase noise levels then present in the neighborhood, nor introduce new types of noise, as regulated by Medford Code of Ordinances section 38-34; and (iv) set operating hours as authorized by section 94-7.2 herein.

1.

Limitation. No person or entity shall operate or cause to be operated any source of sound in a manner that creates a sound level of 10 dBA above ambient, as set forth in 310 CMR 7.10, measured at the property boundary of the receiving land use. The board of health shall administer this provision.

2.

Hours of operation. As a condition of any special permit or site plan approval, the SPGA or community development board may prohibit or regulate the following circumstances regarding hours of operation.

a.

The loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans, or other objects or materials for sale or storage or use in a manner that causes a condition of noise pollution at any time but most specifically between the hours of 6:00 p.m. and 8:00 a.m. across a real property boundary in any district established under this chapter.

b.

Operating or permitting the operation of tools or equipment used in construction, drilling or demolition work between the hours of 6:00 p.m. and 8:00 a.m. on weekdays or Saturday or at any time on Sundays or holidays so that the sound creates a condition of noise pollution across a real property boundary.

c.

The operation of construction devices between the hours 8:00 a.m. and 6:00 p.m. including such items as compressors, jackhammers, bulldozers, cranes, etc., in a manner that causes a condition of noise pollution that could be avoided by the application of best available technology, which might include mufflers where commercially available.

94-6.4.6 Site Development Standards. To the extent practicable, the proposed development shall be located to preserve and enhance the natural features of the site, to avoid disturbances of environmentally sensitive areas, to minimize adverse impacts of development on adjoining properties, to minimize the alteration of the natural features of the site and to preserve and enhance scenic points, historic buildings and places and similar community assets which add value and attractiveness to the development and the city.

1.

Land disturbance. Site/building design shall preserve natural topography outside of the development footprint to reduce unnecessary land disturbance and to preserve natural drainage on the site.

2.

Replication. Clearing of vegetation and alteration of topography shall be replicated with native vegetation planted in disturbed areas as needed to enhance or restore wildlife habitat.

3.

Clearing for utility trenching. Clearing for utility trenching shall be limited to the minimum area necessary to maneuver a backhoe or other construction equipment. Roots should be cut cleanly rather than pulled or ripped out during utility trenching. Tunneling for utilities installation should be utilized wherever feasible to protect root systems of trees.

4.

Site design.

a.

Placement of buildings, structures, or parking facilities shall not detract from the site's scenic qualities and shall blend with the natural landscape.

b.

Building sites shall be directed away from the crest of hills, and foundations shall be constructed to take advantage of the natural terrain.

c.

Sites shall be designed in such a way as to avoid impacts to rare and endangered species and wildlife habitat on a site, and to maintain contiguous forested areas.

5.

Archeological or historical resources. If the structure is not subject to demolition delay, the SPGA or community development board may require applicants to submit the proposed development plan to the city's historical commission and/or the Massachusetts Historical Commission for review and comment regarding possible archaeological or historical resources on the site.

6.

Preservation of existing vegetation. Priority shall be given to the preservation of existing stands of trees, trees at site perimeter, contiguous vegetation with adjacent sites (particularly existing sites protected through conservation restrictions), and specimen trees. Understory vegetation beneath the dripline of preserved trees shall be retained in an undisturbed state. During clearing and/or construction activities, all vegetation to be retained shall be surrounded by temporary protective fencing or other measures before any clearing or grading occurs, and maintained until all construction work is completed and the site is cleaned up. Barriers shall be large enough to encompass the essential zone of all vegetation to be protected. All vegetation within the protective fencing shall be retained in an undisturbed state.

7.

Revegetation. Proper revegetation techniques shall be employed during construction using native plant species, proper seed bed preparation, fertilizer and mulching to protect germinating plants. Revegetation shall occur on cleared sites within seven calendar days of final grading and shall occur during the planting season appropriate to the selected plant species.

8.

Limit of clearing. Development envelopes for structures, driveways, wastewater disposal, lawn areas and utility work shall be designated to limit clearing and grading. In order to minimize the clearing and grading on a site associated with construction activities such as parking of construction vehicles, offices/trailers, stockpiling of equipment/materials, such activities may be limited to areas already planned for permanent structures. Topsoil shall not be stockpiled in areas of protected trees, wetlands, and/or their vegetated buffers.

9.

Finished grade. Finished grades should preserve, match, or blend with the natural contours and undulations of the land to the greatest extent possible. Finished grade shall be no higher than the trunk flare(s) of trees to be retained. The design of grade changes at the base of existing large trees shall be subject to the approval of the SPGA or community development board or its agent.

10.

Topsoil. A minimum of six inches of topsoil shall be placed on all disturbed surfaces which are proposed to be planted.

11.

Irrigation. The SPGA or community development board may require that water for the purpose of irrigation shall be provided by an on-site well, after consultation with the water department.

12.

Phasing of development. After consultation with the water commission and board of health, the SPGA or community development board may limit the extent of a site exposed at any one time through phasing of construction operations. Effective sequencing shall occur within the boundaries of natural drainage areas.

94-6.4.7 Transportation Access and Impacts. The proposed development and/or redevelopment shall be designed to (i) minimize hazards to public health and safety as a result of transportation generated by the development; (ii) provide safe access and circulation on the site for expected vehicles, pedestrians, bicycles, and emergency vehicles; (iii) provide off-site traffic mitigation, where required, to offset the impact of the development; (iv) reduce the traffic impacts of the proposed development on the area and the city; and (v) minimize the impact on scenic roads, historic districts, natural resources, and community character. The development shall not degrade safety for pedestrians, bicyclists, motor vehicle occupants, transit users, or property.

1.

Access. To the extent feasible, vehicle access to nonresidential uses and structures shall be provided via one of the following: (i) Access via a driveway or driveways directly serving the property; (ii) access via a shared driveway with an adjacent lot (s), both of which access a street whether public or private. Access and egress to a development with frontage on more than one street shall be in a manner that causes the least impact to the surrounding neighborhoods as determined by the SPGA or community development board. Pedestrian and cycle access should appropriately connect to the existing pedestrian and cycle networks.

2.

Driveways. Each development shall be served by an adequate driveway. The SPGA or community development board may, in certain circumstances, allow additional driveways as a condition of approval where the access is shared or the project has frontage on two separate streets. All driveways shall be designed to afford adequate sight distance to pedestrians, bicyclists, and motorists exiting to public ways. Improvements may be required on the public way for vehicular turning movements in or out of the site and safe pedestrian and bicycle access to adjoining sidewalks, paths, walking trails or bikeways.

3.

Curb cuts. Curb cuts shall be limited to the minimum width for safe entering and exiting. The location of driveway openings in relation to traffic and to adjacent streets shall provide for the convenience and safety of vehicular, bicycle, and pedestrian movement within the site. The number of curb cuts on state and local roads shall be minimized.

4.

Site plan. A site plan showing the proposed parking, loading, and traffic circulation within the site, including for coordination of delivery vehicles, parcels, waste removal, and ride services; access and egress points; and other features related to traffic generated by the proposed use. ADA compliant pedestrian routes to and through the development from abutting streets should be included. The proposed development shall assure safe interior circulation within its site by separating pedestrian, bikeways, and vehicular traffic.

5.

Traffic impact and access plan. Applicant for the proposed development shall provide a traffic impact and access plan to the SPGA or community development board, which shall include the following information:

a.

A traffic impact and access (TIAS) study, or traffic memorandum, prepared by a qualified traffic engineer licensed by the Commonwealth of Massachusetts, or professional with demonstrated relevant experience, detailing the expected traffic impacts. For proposed development in excess of 25,000 gross square feet, the required traffic study shall substantially conform to the Institute of Transportation Engineers "Traffic Access and Impact Studies for Site Development: A Recommended Practice," latest edition with a forecast for the next five years, at minimum, from the time of the opening of the development. The director of traffic and transportation shall approve the scope of the TIAS, or traffic memorandum, depending on the size of the project. Proposed development in excess of 25,000 square feet of gross floor area shall further include information on the number of expected person trips to and from the site, broken down by various travel modes (e.g., single occupancy vehicle, carpool, walk, bicycle, commuter rail, shuttle bus, etc.).

b.

Transportation access materials should include proposed measures to reduce the impact of single occupancy vehicle trips to the development. Proposed mitigation measures, if any, may be considered if deemed appropriate by the SPGA or community development board.

c.

For new development resulting in ten or more dwelling units, or new construction resulting in 10,000 square feet of occupied floor area or more; or any change of use resulting in 25,000 square feet of occupied floor area or more, a transportation demand management (TDM) plan shall be included as part of any TIAS. It should be tailored to the specific uses and the geographic location with the objective of minimizing vehicle miles traveled (VMT) to, from, and around the site. In addition to the mitigation measures described above, the TDM plan may also incorporate one or more, but not limited to, of the following strategies to reduce the number of single occupancy vehicle trips:

(1)

Establishment of or contribution to a traffic management association (TMA) within the region, which shall provide shuttle services, rideshare, transit access or other services as may be appropriate;

(2)

Carpools or vanpools sponsored by the property owner or the TMA;

(3)

Subsidized transit or commuter rail passes, provided by the property owner, and sold on the site or offered through payroll deduction;

(4)

Monetary incentives to residents or employees who do not use a parking space, such as through implementing separate (unbundled) pricing for parking access;

(5)

On-site showers and lockers, secure bicycle parking, bikeshare, and/or sponsorship of shared bike facilities;

(6)

On-site retail, child care, or other amenities;

(7)

Other strategies that may be deemed appropriate by the SPGA or community development board or its traffic consultant.

6.

Reduction in parking. In consideration of the applicant providing one or more of the above measures to reduce vehicular traffic to and from the site, the SPGA or community development board may reduce the number of required parking spaces below what would ordinarily be required by section 94-6.1 of this chapter. To be considered for such a reduction, the applicant's traffic engineer shall determine and justify the reduced parking demand for the project, as well as reduction in needed parking spaces.

7.

Intersections. The SPGA may require mitigation for any net increase in traffic volumes of ten percent or more at an intersection within the study area that has a history of more than five vehicular crashes or more than one pedestrian or bicycle crash in the last three years for which data is available.

8.

Sight distance. Acceptable sight distance shall be provided and maintained at all access locations, egress locations, and all intersections affected by the development. At a minimum, these site distances shall meet the stricter of the Massachusetts Highway Department and American Association of State Highway Transportation Officials standards for safe-stopping sight distances.

9.

Maximum parking. The maximum parking allowed for a development shall be no more than 200 percent of the minimum number of spaces required under zoning.

10.

Mitigation. The SPGA or community development board may require as a condition of any special permit off-site improvements to mitigate the impact of the proposed development.

11.

Pedestrian and bicycle safety. Pedestrian and bicycle circulation and access, and the amenities required thereof, on and off site, shall be in accordance with the following requirements:

a.

All development and redevelopment shall provide for pedestrian and bicyclist connections on the property, and allow for possible future connections with adjoining properties, where deemed appropriate by the SPGA or community development board.

b.

ADA complaint pedestrian access shall connect to all building entrances with further connections to local pedestrian arteries.

c.

All new traffic signals or modification of existing traffic signals, and roadway geometry modifications, required as part of a development or redevelopment shall include appropriate bicycle and pedestrian accommodation.

d.

The SPGA or community development board may require proposed development and redevelopment to provide sufficient rights-of-way on their properties to accommodate expected needs for bicycle and pedestrian use.

e.

Sidewalks, crosswalks, walkways, bike racks or other pedestrian access shall be provided to allow access to adjacent properties and between individual businesses within a development.

f.

If the property abuts a public bikeway/ right-of-way, a paved access route to the bikeway may be required.

g.

Use of on-site dedicated bike storage is strongly encouraged.

12.

Location of parking areas. Where feasible, the SPGA or community development board may require parking areas to be located to the side or behind buildings so as to provide an appropriate setting for the building within the context of the site and neighborhood and allow parking areas to be shared with adjacent businesses. The SPGA or community development board may require alternative studies of parking area layouts. Except where physical constraints, site configuration, or safety considerations preclude strict compliance, all parking must be accessible by driveways to the parking areas of adjacent nonresidential uses and land zoned for nonresidential uses.

13.

Parking in required front setback. The SPGA or community development board may prohibit parking within the required front setback.

14.

Vehicle charging stations. The applicant will incorporate vehicle charging infrastructure to the maximum extent feasible into its parking areas, and make provision for the future expansion of such infrastructure over the next ten years. This information will be clearly indicated in the applicant's engineering plans.

94-6.4.8 Aesthetic Standards. The location, size and design, building materials, and operating characteristics of the proposed development shall be compatible with and will not adversely affect the livability or appropriate development of abutting properties, with natural and built environment in the area and the surrounding neighborhood.

1.

Compatibility with neighborhood. The location, size and design, building materials, and operating characteristics of the proposed development shall be compatible with and will not adversely affect the livability or appropriate development of abutting properties, with natural and built environment in the area and the surrounding neighborhood, with consideration to be given to the following:

a.

Harmony in scale, bulk, exterior building materials, massing, and density;

b.

Consistency with the goals and objectives of the master plan and with any other plan that has been adopted by the city.

2.

The addition of public art (e.g., murals, sculptures, or building materials) and/or historical elements and information that provides for a pleasant, rich, and diverse experience for pedestrians, preserves and highlights local history, or creates a stronger sense of place, is strongly encouraged.

3.

In residential developments, the use of balconies is strongly encouraged, and proposals should endeavor to secure fresh air and natural light for as many residential dwelling units as possible.

4.

Emphasis should be placed on maximizing open/green spaces for the enjoyment of those who will live, work, and visit at the property as well as preserve or restore historic landscape to the extent possible.

94-6.4.9 Utilities; Security; Emergency System Standards. The proposed development shall be adequately served by public or private utilities, security systems, and emergency systems.

1.

Wastewater treatment and disposal. The SPGA or community development board may require a report from the board of health confirming that the proposed site development provides for wastewater treatment and or disposal in a manner that is consistent with regulations of the Commonwealth of Massachusetts and the board of health.

2.

Water. There shall be sufficient water capacity to meet the flow demands of the proposed use without causing municipal water flow characteristics off-site to fall below the standards adopted by the city.

3.

Site security. There shall be a certification by the police chief that the petitioner has provided a written plan for site security, which plan has been approved by the police chief.

4.

Underground. All electrical, cable and telecommunications services shall be installed underground.

5.

Fire alarm system. There shall be sufficient municipal fire alarm system capacity to meet the operating requirements of the proposed site development and use under applicable codes, regulations, and statutes enforce by the fire chief.

94-6.4.10 Fiscal Analysis Standards. The SPGA or community development board may consider the financial impact of the proposed development. The proposed development shall consult with the Office of Planning, Development, & Sustainability to provide a summary of potential impacts on city services, infrastructure, tax base, and employment.

94-6.4.11 Miscellaneous Performance Standards. All uses of land shall comply with the following performance standards; provided, however, that these performance standards shall not be applicable to demolition, construction or rehabilitation work performed pursuant to an applicable demolition or building permit. If the building inspector has reasonable grounds to believe there is a violation of performance standards, such violation shall be subject to the performance standards procedure set forth herein.

1.

Vibration. An operation which creates intense earthshaking vibration, e.g., heavy drop forges, heavy hydraulic surges, shall not be discernible beyond the property lines of the industry.

2.

Radioactivity. No operation shall be permitted which causes radioactivity in violation of Title 10, Chapter I, Part 20, Code of Federal Regulations, "Standards for Protection Against Radiation," dated June 16, 1957, or any subsequent revision or amendments.

3.

Odor. No emission of odorous gas or other odorous matter in such quantity as to be readily detectable at any point along lot lines without use of instruments shall be permitted.

4.

Toxic or noxious matter. No discharge beyond lot lines of any toxic or noxious matter in such quantity as to be detrimental to or endanger the public health, safety, comfort or welfare, or cause injury or damage to property or business, shall be permitted.

5.

Dust and fly ash. No solid or liquid particles shall be emitted in such quantity as to be readily detectable at any point along lot lines or as to produce a public nuisance or hazard beyond lot lines.

6.

Smoke. No smoke shall be emitted in such quantity as to become a nuisance.

94-6.4.12 Waiver of Standards. The SPGA or community development board, in the course of granting a special permit or site plan approval for nonresidential or multiple dwelling development as defined in section 94-6.4.1, may waive any of these performance standards where such waiver is not inconsistent with public health and safety, and where such waiver does not derogate from the purposes of this section because the proposed development will adequately serve the goals and objectives set forth in section 94-6.4.1, hereof.

94-6.4.13 Enforcement. Issuance of an occupancy permit is contingent upon compliance with all conditions set forth in any special permit or site plan approval, including conditions required by this section 94-6.4. The SPGA or community development board may ensure compliance with these performance standards at the application stage by requiring evidence of probable compliance, whether by example of similar facilities or by engineering analysis, verified by technical peer review. In addition, the SPGA or community development board may require a monitoring program post-permit issuance for compliance purposes for a time period as may be specified in the special permit or site plan approval.