Norfolk City Zoning Code
ARTICLE 10
C-1 District Routes 1A and 115
§ 310-10.1 Purpose.
The Master Plan of the Town of Norfolk (the Town) has identified the goal of promoting certain nonresidential development and redevelopment which can enhance the fiscal stability of the Town by providing additional opportunities for employment and opportunities for certain services as further described in Parts A and B of the Master Plan. In order to implement these Master Plan goals, the Town establishes this article for the C-1 District. Graphic examples and illustrations of the provisions of this article are included in the Appendix of the Zoning Bylaw.
§ 310-10.2 Local standards.
[Amended 5-17-2023 ATM by Art. 26]
Article 10 shall supersede the following sections of the Zoning Bylaw: § 310-4.1E (Buffer/green belt/landscaping requirements in nonresidential districts), § 310-5.1B (Schedule of Dimensional Requirements), § 310-5.1C (Lot width; frontage; setback line); § 310-5.1D (yard requirements), § 310-5.1E (build factor), § 310-5.2 (Modifications) except § 310-5.2E (Visual corner clearance), § 310-6.4A (Alteration and enlargement), and § 310-6.5 (Accessory buildings and swimming pools) except § 310-6.5E (Mobile home). All other sections of the Zoning Bylaw, except where otherwise specifically stated herein, shall apply within the C-1 District.
§ 310-10.3 District boundaries.
A.
The C-1 District is further divided into two areas:
(1)
On Highway, which consists of that portion of the C-1 District which is located within 300 feet of the frontage line of Route 1A or 115; and
(2)
Off Highway, which consists of that portion of the C-1 District which is located greater than 300 feet from the frontage line of Route 1A and 115.
B.
The Off Highway District shall be further divided into the following four subareas:
(1)
C-1a shall include that portion of the Off Highway District in the southwest quadrant of the Route 1A/115 intersection;
(2)
C-1b shall include that portion of the Off Highway District in the northwest quadrant of the Route 1A/115 intersection;
(3)
C-1c shall include that portion of the Off Highway District in the northeast quadrant of the Route 1A/115 intersection; and
(4)
C-1d shall include that portion of the Off Highway District in the southeast quadrant of the Route 1A/115 intersection.
C.
Within the C-1c Off Highway District, there shall be an Adult Business Overlay District and a Medical Marijuana Treatment Center Overlay District, which shall be comprised of the following lots: Assessors' Map 19, Block 72, Lots 36, 37-1, and 39.
§ 310-10.4 Lot and yard requirements and standards.
A.
General C-1 District requirements.
(1)
Planned multilot development. Planned multilot development ("PMLD") is the development of not less than 80,000 square feet of land into a formally associated group of lots as part of a common scheme by special permit by the Planning Board so that such lots need not be self-sustaining and adequate common provisions are made for parking, drainage, septic disposal and other infrastructure needs of the lots, buildings or structures so accommodated.
(2)
Phased development. Applicants shall be allowed to plan, plat and create proposed lots or building sites in anticipation of a known planned multilot development or other proposal which will furnish needed infrastructure for a particular property, provided the Town is given surety or other binding assurance, in a form acceptable to the Planning Board, that will insure that no construction occurs without the necessary infrastructure.
(a)
Membership in a property owners association shall be mandatory for all property owners within a PMLD and shall be made a required covenant in all deeds issued or passed for property in a PMLD.
(b)
The applicant shall prepare property owners' association documents for the property owners' association(s). The property owners' association documents shall require the association to accept title to any common property in the PMLD and that all common property shall be deeded by the applicant to the property owners' association. The property owners' association documents shall further provide that every owner in a PMLD shall be jointly and severally liable for the ongoing maintenance, operation and upkeep of all common property, and that the Town shall have the right, but not the obligation, to enforce these responsibilities against any owner.
(c)
The property owners association documents for a PMLD shall provide voting and use rights, shall provide the property owners' association with the authority to acquire a lien upon the property of any of its members in order to secure collection of any amounts due to the property owners' association from its members, and may also provide for the charge of dues, levies, or assessments to cover expenses which include, but are not limited to, tax liabilities, maintenance and municipal or state assessments.
(d)
For the purposes of these subsections, "common property" shall mean all land areas used in common for septic, drainage, parking or other land uses. In addition, common property shall include, without limitation, such personal property as pumps, pump chambers, piping, valves, manholes, culverts, asphalt and other paving materials, and septic tanks as may be used by two or more units or buildings in a PMLD. Common property may also include similar personal property such as septic tanks even if not used by more than one unit if such personal property is to be maintained as a part of the common scheme for the PMLD.
(3)
Town water. All new water connections for domestic supply or fire protection shall be connected to the Town water system. Any redevelopment which uses water shall be required to connect to the Town water system. (Connection to the Town water system is not required unless the lot upon which building or redevelopment is proposed is located within a planned multilot development or yet to be proposed subdivision. In order to require that a connection be made to the Town's water system, the portion of the way which fronts such a lot must contain a municipal water main into which such a connection may be made.)
(4)
Location of drives and streets that intersect Route 1A or Route 115. Proposed drives and street entrances to Route 1A or Route 115 shall not be located within 250 feet of another such entrance or intersection unless they are aligned directly across from an existing drive or street, or where practicable as determined by the Planning Board. Unless access to an individual lot is denied, other drives and streets shall be staggered across Route 1A or Route 115 by distances of 250 feet or more from center line to center line, or where practicable as determined by the Planning Board.[1]
[1]
Editor's Note: Original Sec. J.4.a.4.A, of the General Bylaws, regarding major entrances, which immediately followed this subsection, was repealed 5-10-2022 ATM by Art. 21.
(5)
Street trees. Other than as needed for drives and entrances, a twenty-foot-wide grass strip adjacent and parallel to the frontage of any lot on highway shall be landscaped with high-canopy trees in accordance with the Town's Subdivision Regulations[2] and low-lying plants which will not obstruct sight distances from entry drives. All lots off highway shall be landscaped with street trees as required by the Town's Subdivision Regulations.
[2]
Editor's Note: See Ch. 325, Subdivision of Land and Site Plan Approval Regulations.
(6)
Building height. Buildings shall not be more than 40 feet in height by right or 46 feet in height by special permit from the Planning Board.
(7)
Utilities.
(a)
All utilities shall be located underground. All utility outlets, service entrances, transformers and utility services shall generally be centrally clustered in a neat and orderly fashion and shall be located to the rear of buildings or screened from view.
(b)
During the site plan approval process, the Planning Board may determine whether the requirements of Subsection A(7)(a) (underground utilities) may be waived. In those circumstances where site plan approval is not required, the Zoning Enforcement Officer may make that determination.
(8)
Building scale. No building footprint, other than manufacturing or offices, shall exceed 50,000 square feet except by special permit by the Zoning Board of Appeals.
B.
Lot and building requirements and standards.
(1)
General requirements:
(a)
Lots that abut a property with a residentially occupied building shall provide on the commercially used lot a green belt buffer of evergreen trees or shrubs along the property line in a single row. The plants shall be no less than six feet in height at the time of planting, be located six feet on center and continuously maintained.
[1]
A green belt shall be provided on any lot that abuts a residential district. Such green belt shall:
[a]
Be located on the nonresidential lot along the shared property line.
[b]
Have a minimum depth from the shared property line of 30 feet.
[c]
Be used for no purpose other than planting and/or sidewalks.
[d]
Constitute a screen of evergreen trees and/or shrubs not more than 15 feet apart planted in two or more staggered rows. The distance between each row shall not be more than 10 feet. Plants shall be no less than six feet in height at the time of planting and shall be continuously maintained.
[2]
In those circumstances where an effective screen of existing plantings already provides an appropriate buffer, the Planning Board has the discretion, during the site plan approval process, to waive strict compliance with Subsection B(1)(a), provided that the intent of Subsection B(1)(a) is met. If such a waiver is granted, the Planning Board shall, in its site plan approval, require that the green belt be maintained and replanted where necessary to provide an effective screen throughout the life of the site and the structure.
(b)
Outdoor storage shall be permitted as follows:
[1]
Automobile and light truck Class 1 sales displayed a minimum of 20 feet from the front lot line and in no way obstructing vehicle sight lines.
[2]
Retail nursery plant stock displayed a minimum of 20 feet from the front lot line and in no way obstructing vehicle sight lines.
[3]
All other outdoor facilities for the storage of fuel, refuse, materials and/or equipment shall be screened from view with a solid fence structure and located to the side and/or rear of the building to which it is accessory. The fence shall be of reasonable height, a minimum of six feet, and the enclosure shall not exceed 1,000 square feet in area except by special permit from the Planning Board.
(c)
Any use, except those listed in § 310-4.1C of this Zoning Bylaw, farmer's markets, and open space, village greens and squares, shall have a building with a minimum footprint of 2,000 square feet.
(d)
No building or structure shall be located less than 50 feet from a residential district and no use (including parking areas, driveways, vehicle circulation areas or other vehicle accessways) shall be located less than 50 feet from an adjacent parcel within a residential zoning district.
(e)
Landscaping requirements. For each foot of frontage, the lot shall contain 40 square feet of landscaping unless otherwise provided by special permit by the Planning Board through a site plan approval process. This requirement shall not be conditioned to require landscaping of more than 20% of the lot.
(2)
For buildings, structures and uses located within the On Highway area:
(a)
Minimum front yard setback: 70 feet, measured from the frontage line of Route 1A or 115, and 35 feet measured from the frontage line of any street or road for corner lots and lots fronting on other than Route 1A or 115;
(b)
Minimum lot size: 8,000 square feet* or 30,000 square feet;
(c)
Maximum lot coverage: 70%* or 60%;**
(d)
Minimum side yard setbacks: zero feet* between lots within a planned multilot development or 25 feet;
(e)
Minimum lot frontage: 40 feet* or 75 feet; and
(f)
Minimum rear yard setback: 10 feet* or 25 feet.
* | For planned multilot development. |
** | Nonplanned multilot development coverage may be increased from 60% up to 70% for lots required to provide a frontage road. |
(3)
For buildings, structures or uses located within the Off Highway area:
(a)
Minimum front yard setback: 15 feet* or 40 feet measured from the frontage line of the road or street on which the lot fronts;
(b)
Minimum lot size: 8,000 square feet* or 30,000 square feet;
(c)
Maximum lot coverage: 80%* or 60%;
(d)
Minimum side yard setbacks: 10 feet* between lots within a planned multilot development or 25 feet;
(e)
Minimum lot frontage: 40 feet* or 100 feet; and
(f)
Minimum rear yard setback: 10 feet* or 25 feet.
* | For planned multilot development. |
§ 310-10.5 Sign regulations.
All signs and advertising devices within the C-1 District shall be subject to § 310-6.9, Sign regulations, of the Zoning Bylaw.
§ 310-10.6 Parking requirements.
The requirements of § 310-6.7, Parking requirements, of the Zoning Bylaw are modified by the following subsections. In the event of a conflict between § 310-6.7 and any of the following subsections, the following subsections shall control.
A.
Shared parking. Where the applicant demonstrates to the Planning Board through the site plan approval process that parking spaces on the same side of the street within the C-1 District can be utilized by more than one use located within 450 feet, such that vehicles occupying a particular number of spaces are unlikely to require the use of those spaces at the same time of day or the same day of the week, the immediate construction of up to 30% of a parking area may be postponed, provided:
(1)
Adequate land area is reserved for additional parking should it be needed in the future;
(2)
The area reserved for future parking is shown on the site plan;
(3)
No building or structure may be placed in any area reserved for future parking;
(4)
Surety or other means of performance assurance in a form and amount acceptable to the Planning Board is given to the Town to insure that such additional parking area (including drainage and landscaping) will be constructed if needed; and
(5)
As a condition of postponing such construction, the Planning Board shall review the adequacy of the parking area every three years after endorsement of the site plan, or more frequently upon request of the Zoning Enforcement Officer, and certify that the number of parking spaces provided continues to be sufficient, having regard for the actual uses of the site. The Planning Board shall be the determining authority regarding the future need of such parking.
B.
Attribution of parking. Parking spaces may be considered as a part of the requisite parking allocated to a particular lot or use, if those spaces are entirely on that lot or the use of the spaces has been assured by assignment through easement or other legal guaranty. On-street parking, where allowed, may be considered as a part of the requisite parking allocated to a lot where an on-street space abuts the frontage of that lot. Where an on-street space abuts more than one lot, said space may be allocated to a particular lot only if more than 66% of the space abuts that lot.
C.
Linked parking. Parking areas of adjacent lots shall have reasonable and convenient off-street vehicular connections. Where adjacent property has not been developed, provision shall be made for future off-street connections with adjacent properties; reserved strips of land or other measures which preclude or are designed to prevent such off-street connections shall not be permitted.
§ 310-10.7 Uses permitted and regulated in C-1 District.
[Amended 5-17-2023 ATM by Art. 26]
No building, structure or land in the C-1 District shall be used for any purpose or in any manner other than as set forth in 310 Attachment 1.[1]
[1]
Editor's Note: The Schedule of Use Regulations is included as an attachment to this chapter.
