Norfolk City Zoning Code
ARTICLE 11
C-4 Mixed-Use District Route 115 and Holbrook Street
§ 310-11.1 Purpose.
The Master Plan of the Town of Norfolk has identified the goal of promoting the development within the B-1, C-1, and C-4 Districts which can enhance the fiscal stability of the Town and provide additional opportunities for employment and services as further described in Parts A and B of the Master Plan. In order to implement these goals, the Town establishes this article for the C-4 Mixed-Use District.
§ 310-11.2 Local standards.
[Amended 5-17-2023 ATM by Art. 26]
Article 11 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-4 Mixed-Use District.
§ 310-11.3 District boundaries.
The C-4 District has as its nonroad boundaries the gas and electric utility easement as its southern limit. It is also within the limits of Zones I and II of the Gold Street well aquifer (see § 310-4.4, Aquifer and Water Supply and Interim Wellhead Protection Districts) which may impact some forms of development. The district boundaries are more specifically shown on the Norfolk Zoning Map, as most recently amended.[1]
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
§ 310-11.4 Lot and yard requirements and standards.
A.
General C-4 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 commercial building sites on one or more lots as part of a common scheme by special permit by the Planning Board so that such lots or building sites 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.
(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.
(2)
Complex sites with mixed and residential uses. Where a single site is proposed to have age-restricted residential and nonresidential uses, a comprehensive plan must first be approved by the Planning Board. This engineered plan must indicate the total circulation concept for both vehicles and pedestrians, the types of uses proposed to be adjacent to the residential uses and the buffer locations between the residential and nonresidential uses. The plan must also include a comprehensive design concept that addresses architectural detail; the location of buildings in relation to the access road, general open space, local open space adjacent to buildings, pathways/sidewalks, and any nonresidential or common recreation or assembly facilities; and streetscape issues such as streetlights, street trees, sidewalks and landscaping.
(3)
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.
(4)
Town water. All new water connections for domestic supply or fire protection shall be connected to the Town water system. (Connection to the Town water system is not required unless the lot upon which the building or development is proposed is located on a public way or dedicated easement that permits a connection to the Town's water system. The public way which fronts such a lot or easement must contain a municipal water main into which such a connection may be made.)
(5)
Location of drives and streets. Major street or site entrances shall not be located within 250 feet of each other. Sites whose uses will generate a single daily peak traffic volume of 150 vehicles or more must provide a second emergency accessway onto the site. Such access may be for emergency vehicles only and need not be a functioning roadway other than maintained for emergency vehicle usability.
(6)
Street trees.
(a)
Other than as needed for drives and entrances, a thirty-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[1] and low-lying plants which will not obstruct sight distances from entry drives. All lots or building sites off highway shall be landscaped with a twenty-foot grass strip and with street trees as required by the Town's Subdivision Regulations.
(b)
"On highway" shall be defined to be a lot or site with frontage on a public way or street. "Off highway" shall be defined on a lot or street with frontage on a site or lot road that is not a public way or street.
(7)
Building height. Nonresidential buildings shall not be more than 40 feet in height.
(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.
(9)
Utilities. 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 if at a nonrear location shall be screened from view.
(10)
Streetlights. The applicant shall be responsible for furnishing and erecting streetlights at locations approved by the Planning Board. Streetlight fixtures and standards shall conform to fixtures and standards as most recently installed in the Town of Norfolk as of the time of application. In the alternative, such fixtures and standards may be approved by the Planning Board as part of a comprehensive plan submitted under Subsection A(2).
B.
Lot and building requirements and standards.
(1)
General requirements.
(a)
No commercial building, structure, use, parking area, driveway, vehicle circulation area or other vehicle access way shall be located within 50 feet of a residentially occupied building's property or lot line or within 50 feet of an adjacent parcel within a residential zoning district.
(b)
Outdoor storage shall be permitted as follows:
[1]
Retail nursery plant stock displayed a minimum of 20 feet from the front lot line and in no way obstructing vehicle sight lines.
[2]
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 (public, religious, educational, etc.) of this Zoning Bylaw, farmer's markets, open space, village greens and squares, shall have a building with a minimum footprint of 1,000 square feet.
(d)
A green belt shall be provided on any commercially used lot that abuts a residential district or a lot with a residentially occupied building. A green belt shall be provided on any lot having an assisted living facility.
[1]
Such green belt shall:
[a]
Be located on the lot along the shared property line.
[b]
Have a minimum depth from the shared property line of 50 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)(d), provided that the intent of Subsection B(1)(d) 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.
(e)
All yard setbacks are to be measured from the lot lines.
(f)
Landscaping requirements. For each foot of frontage, the lot shall contain 40 square feet of landscaping. This requirement shall not be conditioned to require landscaping of more than 20% of the lot.
(2)
Highway-oriented buildings (along Route 115 and Holbrook Street).
Lots and Yard Requirements and Standards for On-Highway-Oriented Buildings | ||||
|---|---|---|---|---|
Planned Multilot Commercial Development | Commercial | Planned Multilot Residential Development | Residential | |
Minimum front yard setback (feet) | 50 | 50 | 50 | 50 |
Minimum lot size (square feet) | 8,000 | 30,000 | 8,000 | 30,000 |
Maximum lot coverage | 70% | 60% | 60% | 60% |
Minimum side yard setbacks (feet) | 0 | 25 | 0* | 25 |
Minimum lot frontage (feet) | 40 | 75 | 40 | 150 |
Minimum rear yard setback (from lot line) (feet) | 10 | 25 | 50 | 50 |
* | Except end buildings, which shall have the side yard setbacks for commercial or residential development. |
(3)
Non-highway-oriented buildings and standards for off-highway-oriented buildings.
Lots and Yard Requirements and Standards for Off-Highway-Oriented Buildings | ||||
|---|---|---|---|---|
Planned Multilot Commercial Development | Commercial | Planned Multilot Residential Development | Residential | |
Minimum front yard setback (feet) | 15 | 40 | 50 | 50 |
Minimum lot size (square feet) | 8,000 | 30,000 | 8,000 | 30,000 |
Maximum lot coverage | 80% | 60% | 60% | 60% |
Minimum side yard setbacks (feet) | 0* | 25 | 0* | 25 |
Minimum lot frontage (feet) | 40 | 100 | 40 | 150 |
Minimum rear yard setback (from lot line) (feet) | 10 | 25 | 50 | 50 |
* | Except end buildings, which shall have the side yard setbacks for commercial or residential development. |
(4)
Residential buildings and age-restricted housing.
(a)
Location. Age-restricted housing shall be configured pursuant to the requirements of § 310-11.7A. Assisted living facilities shall be defined with a property/site limit (boundary).
(b)
Landscape requirements. For each foot of frontage, the lot shall contain 40 square feet of landscaping. This requirement shall not be conditioned to require landscaping of more than 20% of the lot.
(c)
Road and circulation requirements. Age-restricted housing shall have a through access road providing two points of access to these residential buildings from a public way. Such access road shall comply with the Planning Board rules and regulations for a residential street. Dwellings configured on a cul-de-sac must comply with the Planning Board rules and regulations for subdivision road/drive layout, and this road/drive must connect directly to the through road.
(d)
Building height. Age-restricted housing units shall not exceed two stories and shall not exceed a height of 35 feet. Assisted living facilities and mixed-use buildings shall not exceed three stories and shall not exceed a height of 45 feet.
[Amended 11-15-2022 STM by Art. 12]
(e)
Age-restricted housing developments with 50 or more units shall include a common building or interior space to serve as a place of assembly and recreation for residents of the development and their guests.
§ 310-11.5 Sign regulations.
All signs and advertising devices within the C-4 Mixed-Use District shall be subject to § 310-6.9, Sign regulations, of the Zoning Bylaws.
§ 310-11.6 Parking requirements.
The requirements of § 310-6.7, Parking requirements, of this 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-4 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 another 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.
D.
Residential parking requirements. Assisted living facility parking shall have one off-street parking space per two residential units adjacent to the building, plus one space per each four units provided within the shared or attributed parking provisions of the C-4 District. Age-restricted housing shall have a minimum of two off-street spaces per unit.
§ 310-11.7 Allowed and special permit allowed regulated uses in C-4 District.
[Amended 11-15-2022 STM by Art. 12; 5-17-2023 ATM by Art. 26]
No building, structure or land in the C-4 District shall be used for any purpose or in any manner other than as set forth in 310 Attachment 1.[1] All residential uses herein permitted shall be subject to § 310-6.11, Site plan approval, and § 310-6.12, Design review.
[1]
Editor's Note: The Schedule of Use Regulations is included as an attachment to this chapter.