Middleborough City Zoning Code
SECTION 6
0 SPECIAL REGULATIONS
6.1 CONSTRUCTION TRAILERS OR CONSTRUCTION OFFICES
6.1.1.
General. Construction trailers, construction offices or other similar temporary structures may be erected, placed or converted on any lot in the Town provided that such structures shall be used exclusively in connection with the construction of a dwelling, building, structure or other improvement.
6.1.2.
Limitation. The use of such structures shall be limited to the duration of such construction and the structures shall be removed from the lot within thirty (30) days of the completion of construction.
6.2 TRAILERS OR MOBILE HOMES
6.2.1.
Special Permit Required. A house trailer or mobile home may be used for temporary residence in any district during the building of a permanent home when authorized by a special permit by the Zoning Board of Appeals. Such approval shall be for a period of not more than one year.
6.2.2.
Storage. The storage of an unoccupied house trailer or mobile home may be permitted by the Selectmen. The application for such permit shall be in writing and shall indicate the location of the trailer during such storage. Mobile camping units, however, shall not be required to obtain a permit here under.
6.3 UNREGISTERED VEHICLES
6.3.1.
General. No person shall keep more than one (1) unregistered vehicle on or about a lot owned or under the control of that person.
6.3.3.
Special Permit. The Board of Appeals may grant a special permit to exempt other types of unregistered vehicles if it shall find that the use involved will not be a substantial detriment to the established or future character of the neighborhood and Town. The Board of Appeals may impose appropriate conditions or safeguards in connection with any special permit granted hereunder.
6.4 SCENIC ROADS
The following described roads are scenic roads pursuant to MGL Chapter 40 Section 15C and subject to the regulations appearing therein. Starting at the intersection of Plymouth Street with the southerly line of Massachusetts Highway 44; thence northerly on and along Plymouth Street or its intersection with Summer Street; thence northerly on and along Summer Street to its intersection with Murdock Street. The parts of Plymouth Street and Summer Street set forth above shall include all of the land within official road layouts which established the parts of said streets as public ways. It should be noted that there are other Scenic Roads pursuant to MGL Chapter 40 Section 15C that are on file with the Town Clerk.
6.5 COMMERCIAL DEVELOPMENT DISTRICT
6.5.1.
Purpose. The purpose of the Commercial Development District is to encourage commercial, warehouse and other uses that provide employment opportunities and offer needed goods and services, while not creating undue congestion, overburdening Town infrastructure, causing environmental harm or creating nuisance or hazard to neighboring residential uses.
[Amended 4-25-2022 ATM by Art. 19, AG 11-4-2022, eff. 4-25-2022]
6.5.2.
Special Permit Required. The Planning Board shall be the Special Permit Granting Authority (SPGA).
6.5.3.
Accessory Uses; Size Limits.
[Amended 4-25-2022 ATM by Art. 19, AG 11-4-2022, eff. 4-25-2022]
1.
Light manufacturing and assembly, including food processing/packaging, is allowed as an accessory use to the principal use of which such light manufacturing and assembly accessory use does not exceed fifteen (15%) percent of the total floor area of the principal use, with a maximum accessory use area not to exceed fifteen thousand (15,000) square feet.
2.
Wholesale sales outlets are allowed as an accessory use to the principal use of which such wholesale sales outlet use does not exceed fifteen (15%) percent of the total floor area of the principal use, with a maximum accessory use area not to exceed fifteen thousand (15,000) square feet.
6.5.4.
Lighting. Light standards shall not exceed thirty five (35') feet in height. Interior and exterior lights, including lighted signs, must not be directed toward public streets in such a way as to create glare, distraction or confusion with traffic signals or signs. All artificial lighting shall be arranged and shielded so as to prevent direct glare from the light source onto any public way or any other property. Lighting shall be designed and constructed so as to be downward facing and reduce ambient reflection to the maximum extent practicable.
6.5.5.
Impervious Areas. Impervious areas shall include areas covered by buildings, paving, walks, canopies or other non-permeable improvements. Open space shall include permeable areas covered by natural or cultivated living plant material.
6.5.6.
Development Standards.
1.
Multiple buildings are allowed on each lot and more than one use may be allowed in each building, provided all uses are permitted within the district.
2.
All water, sewer, gas, electric and other utility services on a lot shall be underground.
3.
Waste materials shall be stored in closed containers. Waste containers, compactors or other material which cannot be safely stored within a building shall be screened on all sides by an opaque fence or wall six (6') feet high. Uses with on-site litter disposal, such as fast food restaurants, shall be fenced as necessary to prevent litter blowing from property.
4.
Maximum height of fences or walls shall be six (6') feet unless approved by the SPGA.
5.
All outside storage, including storage and display of building materials, plant materials and equipment for sale, must be contained within the buildable area of the lot and shall not project into or be in setback or open space areas.
6.
Parking and drainage facilities, signs and required screening and landscaping shall be continuously maintained in good condition and appearance and shall be repaired or replaced as necessary.
6.5.7.
Grading and Drainage.
1.
Pre-development runoff from a lot shall not exceed post-development runoff for storms up to and including the 100-year storm for both rate and volume of runoff. Recharge shall be provided pursuant to the MADEP Stormwater Management Standards as may be amended from time to time.
2.
Drainage systems shall be designed for 10-year storm event.
3.
All parking areas shall be equipped with oil, grease and sediment traps or other suitable stormwater best management practices (BMPs) and shall include deep sump catch basins equipped with hoods to facilitate removal of contamination and these devices shall precede any infiltration structures or drainage outfalls. Stormwater from parking areas required to be recharged shall be via infiltration basins or similar systems covered with natural vegetation. Drywells/leaching structures shall be used only where other methods are infeasible.
4.
The owner shall maintain any and all recharge areas in full working order during construction and at all times thereafter.
6.5.8.
Construction. Streets and utilities to be constructed pursuant to a special permit shall be designed and installed in accordance with the Rules and Regulations Governing the Subdivision of Land of the Planning Board in effect at the time of the filing of an application for a special permit or revision authorization as the case may be. All utilities shall be constructed underground.
6.5.9.
Waivers: Upon request of the Applicant, the Planning Board may waive dimensional and other zoning bylaw requirements, including but not limited to Commercial Development District Requirements, setbacks, shape factor, parking requirements and standards, landscaping and screening, lighting, signage and solar photovoltaic installations with conditions in the interests of design flexibility upon a finding of consistency with such variation with the overall purposes of the Commercial Development District.
[Amended 4-25-2022 ATM by Art. 19, AG 11-4-2022, eff. 4-25-2022]
6.6 BUSINESS DISTRICT
6.6.1.
Permitted Uses. All permitted uses shall be subject to Site Plan Review as set forth in Section 6.6.3 and the Sign Standards as set forth in Section 5.7.2.
6.6.2.
Special Permit Required. The Zoning Board of Appeals shall be the Special Permit Granting Authority (SPGA). In addition, the SPGA shall also determine that the proposed use shall comply with all of the provisions of Site Plan review and the Sign Standards. There shall not be a separate Site Plan Review procedure when a Special Permit is required, but the SPGA shall determine that the proposed use complies with all of the requirements and provisions of Site Plan Review as part of the Special Permit proceeding.
6.6.3.
Site Plan Review: Purpose. The Business District Site Plan Review Process and the issuance of Site Plan Approval endorsement is intended to protect the aesthetic and historic appearance of the Business District, promote economic development, protect property values and reduce traffic safety hazards and assure the proper design and construction of drainage facilities, parking areas, lighting, loading, waste removal, points of vehicle access and egress, pedestrian access, landscaping and screening. No building permit shall be issued in any case where site plan review is required and no area for parking, loading or vehicular service (including driveways giving access thereto) shall be established or substantially changed except in conformity with a site plan bearing an endorsement of approval of the Site Plan Approval Authority (SPAA). The Zoning Board of Appeals shall be the SPAA. The Zoning Board of Appeals may adopt rules relative to the issuance of a Site Plan Approval endorsement.
6.6.4.
Site Plan Review: Applicability. Uses which require the issuance of a Site Plan Approval endorsement are:
1.
Construction of a new building;
2.
Addition of upper floors to an existing building;
3.
Expansion or exterior renovation of an existing building requiring a building permit, by an area greater than 20% of any exterior wall, other than the street side wall or greater than 10% of the area of the street side wall of the building.
6.6.5.
Site Plan Review: Submission Requirements. Applications for site plan approval shall be filed with the Town Clerk. Site Plans shall include drainage calculations, existing and projected traffic volumes from the site and effect on local roads (where deemed necessary by the SPAA) and other information deemed by the SPAA to be necessary to determine compliance with the provisions of this Bylaw. Submission shall also include four (4) separate plans prepared at a scale of one (1) inch equals twenty (20) feet or such other scale as may be approved by the SPAA. All plans shall include a Site Plan Approval endorsement block. The four plans are as follows:
1.
Site Layout Plan - showing boundaries of the lot, proposed structure, setbacks from property lines, driveways, parking areas, fences, walls, pedestrian walkways, lighting and loading facilities. The Site Layout Plan shall show the relation to existing areas, buildings and roads for a distance of one hundred (100) feet from the project boundaries or such other distances as may be approved or required by the SPAA.
2.
Topography, Drainage and Utility Plan - showing the existing and proposed topography at one (1') foot contour intervals with spot grades provided where necessary, proposed drainage system including onsite structures and offsite discharge point, roof leaders, etc., facilities for refuse disposal or storage of wastes and the location of water and sewer mains, service connections and hydrants.
3.
Architectural Plan - to include the ground floor plan, dimensions including height, materials and architectural elevations of all sides of the proposed building with full color rendering. Rooftop units and structures shall be shown to scale.
4.
Landscape Plan - showing the limits of work, existing tree line and trees with a diameter greater than four (4") inches and all proposed landscape features and improvements including planting areas with spacing, size and type of stock for each shrub or tree and surface treatment for all planting beds.
6.6.6.
Design Objectives. The following objectives, in addition to any standards prescribed elsewhere in this Bylaw, shall be utilized by the SPAA in considering all site plans. These objectives are intended to provide specific guidelines for the applicant in the development of site plans:
1.
Landscape - The landscaping shall be designed to enhance the aesthetic relationship between the building and the surrounding parking area, neighborhood and streetscape. Existing mature trees and vegetation shall be integrated into the landscape plan where possible. A variety of plant materials shall be used to create visual depth in plant massing by layering plants of various sizes. Trees and vegetation near buildings shall be used to reduce the perceived scale of the building and to set them into the landscape. Street trees shall be used where possible along the streetscape. Where commercial property abuts residential property screening shall be provided.
2.
Circulation - Site plans shall provide clearly marked, safe and attractive circulation patterns for both vehicles and pedestrians. Parking areas shall be designed to prevent the necessity of any vehicles from backing into a public way. Special attention shall be given to location, width and number of access points to public streets. Curb cuts should be located on secondary streets where possible. Curb cuts should be twenty four (24') feet wide for two way traffic or sixteen (16') feet for one way traffic. Adequate sight distance shall be provided where driveways intersect streets that provide access and egress.
3.
Surface Water Drainage - The removal of surface water shall not adversely affect adjoining properties, streets or storm drainage systems; nor, obstruct circulation of vehicles and pedestrians. For parking areas and roof leaders serving new buildings or expansions to existing parking areas or buildings, the performance of surface drainage shall be based on standards for a 10 year storm event as set forth in the Subdivision Rules and Regulations.
4.
Building Location - Proposed buildings and structures shall be integrated with existing building locations, setbacks from the street, landscaping and terrain.
5.
Building Design - The design of proposed buildings, structures and additions shall be harmonious with and reflective of the 19th and the early 20th century buildings in a typical New England Downtown of that period. The building or structure design shall complement the general setback, roof line and pitch, architectural style, arrangement of openings, color, exterior materials, proportion and scale of existing buildings in the vicinity. All rooftop equipment and structures shall be screened from all directions by faux facades built to the height of the rooftop equipment or structure.
6.
Special Features - Exposed machinery, utility structures and loading, storage and disposal facilities shall be screened from adjoining properties and streets whenever feasible.
7.
Parking - Any parking areas shall be located to the rear of buildings. Parking may be allowed on the side of buildings with SPAA approval. Any parking areas and walkways shall be adequately lighted and have appropriate signage. Any parking areas shall be designed as attractive landscapes with shade trees provided where possible.
8.
Safety - All buildings shall be designed to facilitate building evacuation and maximize accessibility by fire, police and other emergency personnel and equipment.
9.
Lighting - No areas shall be floodlit. Drives and parking areas shall not be illuminated by lighting fixtures higher than twenty (20) feet. Sidewalks shall not be illuminated by lighting fixtures higher than fifteen (15) feet. All lighting fixtures shall be downward facing except when specifically approved by the SPAA as accent lighting of landscaping or architectural features. Lights shall be shielded to have a total cutoff of all lights at less than ninety (90) degrees and building or wall packs shall have a total cutoff of forty-five (45) degrees. The total cutoff of all light shall occur within the property lines of the parcel to be developed.
10.
Signs - Signs shall be in compliance with Section 5.7.2.
6.6.7.
Procedures.
1.
Applications for Site Plan Approval shall be filed with the Town Clerk.
2.
Copies of submissions for Site Plan Approval shall be submitted by the applicant to the Historical Commission, Planning Board and Building Inspector at the time of application to the SPAA. Said board or agencies shall make such recommendations as they deem appropriate. Copies of such recommendations shall be sent to the SPAA and to the applicant, provided however, that failure of any such boards or agency to make recommendations within twenty one (21) days of receipt by such boards or agency of the petition shall be deemed lack of opposition thereto.
3.
The SPAA shall take final action on the request for Site Plan Approval within thirty (30) days of the Town Clerk's receipt of the application or such further time as may be agreed upon at the written request of the owner. Copies of the endorsed site plan shall be filed with the Town Clerk and the Building Inspector.
4.
The SPAA may, upon written request of the owner, waive any of the submission requirements for Site Plan review within this section where the development involves relatively simple plans or constitutes a minor site plan. A minor site plan is defined as exterior building renovations only that do not involve a change or expansion of use. Submission requirements for a minor site plan will be limited to relevant architectural plans.
5.
An as-built plan, certified by a registered Professional Land Surveyor or Engineer shall be submitted to the SPAA and Building Inspector before the issuance of a permanent occupancy permit, the as-built plan indicating landscaping, buildings, drainage flow, number of parking stalls and limits of parking areas and drives where applicable.
6.
No deviation from an approved site plan shall be permitted without modification thereof by the SPAA including any subsequent division of the land.
7.
Where a Special Permit is required for the proposed work, Site Plan Approval shall be consolidated with the Special Permit procedures and the SPGA shall determine that the Special Permit use complies with all of the requirements and provisions of Site Plan Review as part of the Special Permit proceeding.
6.6.8.
Compliance. No building permit shall be issued by the Building Inspector for any development subject to this section and no construction or site preparation shall be started, until the SPAA has endorsed its approval on the site plan and a copy of the approved site plan has been submitted to the Building Inspector.
6.6.9.
Lapse. Site plan approval shall lapse after one year from the grant thereof if a substantial use thereof has not sooner commenced except for good cause. Such approval may, for good cause, be extended in writing by the SPAA upon the written request of the applicant.
6.6.10.
Appeal. Any decision of the Board pursuant to this Section shall be appealed in accordance with MGL Chapter 40A Section 17 to a court of competent jurisdiction.
6.7 ADULT ENTERTAINMENT
6.7.1.
Purpose. The purpose of this Adult Entertainment Section is to address and mitigate the secondary effects of the adult entertainment establishments and sexually oriented businesses that are referenced and defined herein. Secondary effects have been shown to include increased crime, adverse impacts on public health, adverse impacts on the business climate of the Town, adverse impacts on the property values of residential and commercial properties and adverse impacts on the quality of life in the Town. All of said secondary impacts are adverse to the health, safety and general welfare of the inhabitants of the Town.
1.
The provisions of this Section have neither the purpose nor intent of imposing a limitation on the content of any communicative matter or materials, including sexually oriented matter or materials. Similarly, it is not the purpose or intent of this Section to restrict or deny access by adults to adult entertainment establishments or to sexually oriented matter or materials that are protected by the Constitution of the United States of America or of the Commonwealth of Massachusetts, nor to restrict or deny rights that distributors or exhibitors of such matter or materials may have to sell, rent, distribute or exhibit such matter or materials. Neither is it the purpose or intent of this Section to legalize the sale, rental, distribution or exhibition of obscene or other illegal matter or materials.
6.7.2.
Special Permit Required. The Zoning Board of Appeals shall act as the Special Permit Granting Authority (SPGA) and may grant a special permit for any of the following uses (hereinafter "Adult Uses"):
6.7.3.
Location. Adult Uses are allowed by special permit in the GUA District only. Within the GUA District, such Adult Uses may not be located within one thousand (1,000') feet of each other and five hundred (500') feet of the nearest lot lines of:
1.
Any Zoning District which allows residential use.
2.
Any establishment licensed under the provision of Section 12 of Chapter 138 of the Massachusetts General Laws.
3.
Adult Uses and all advertising signs for same, shall not be located within one hundred fifty (150') feet of a public or private way and shall be set back a minimum of one hundred fifty (150') feet from all property lines.
6.7.4.
Application. The application for a special permit must include the following information:
1.
Names and address of the legal owner of the Adult Use.
2.
Name and address of all persons having a fee, equity and/or security interest in such Adult Use, in the event a corporation, partnership, trust or other entity is listed, the name and address of every person who has an ownership interest and/or beneficial interest in the entity must be listed in order that the SPGA will know who are the persons who actually own and control the store or theater.
3.
Name and address of the manager.
4.
The number of employees or proposed number of employees, as the case may be.
5.
Proposed security precautions.
6.
The physical layout of the premises.
6.7.5.
Limitations. Special permits for Adult Uses shall not be granted to any person convicted of violating the provisions of MGL Chapter 119 Section 63 nor MGL Chapter 272 Section 28. Any persons listed in Section 6.7.4.2 are subject to this prohibition.
6.7.6.
Lapse. A Special Permit granted herein shall lapse if substantial use thereof or construction there under has not begun, except for good cause, within twelve (12) months following the filing of the special permit approval with the Town Clerk (plus such time required to pursue or await the determination of an appeal referred to in MGL Chapter 40A Section 17 from the grant thereof).