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Norfolk City Zoning Code

ARTICLE 6

General Regulations

§ 310-6.1 Basic requirements.

All buildings or structures hereinafter constructed, reconstructed, altered, enlarged, or moved, or use of all premises in the Town of Norfolk shall be in conformity with the provisions of this bylaw.

§ 310-6.2 Nonconforming structures and uses.

A. 
Continuation. Any lawful nonconforming structure or use existing at the time of the first passage of the applicable provisions of this or any bylaw or amendment thereto may be continued.
B. 
Change.
(1) 
A nonconforming structure or use may be changed to be conforming, but once changed to be conforming it shall not be made nonconforming again.
(2) 
Construction or operations under a building or special permit shall conform to any subsequent amendment of this bylaw unless the use or construction is commenced within a period of 12 months after the issuance of the permit and, in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable.
[Amended 5-10-2022 ATM by Art. 21]
C. 
Reductions in area or frontage caused by eminent domain taking. No lot shall be deemed unlawfully nonconforming with the area, frontage, maximum lot coverage requirements or uses allowed of this Zoning Bylaw solely as a result of the loss of land area caused by a taking of land by eminent domain by the Commonwealth of Massachusetts, the County of Norfolk, or the Town of Norfolk for the purposes of establishing or altering the layout of a public way.
D. 
Reductions for affordable housing.
(1) 
Purpose. The purpose of this subsection is to promote the construction of affordable housing in the Town of Norfolk. It allows the waiver of lot area, frontage or lot shape requirements in exchange for the construction of restricted affordable housing.
(2) 
Applicability.
(a) 
This bylaw shall apply only to any vacant lot of land in a residential zoning district that exists as a matter of record on or before the effective date of this bylaw and that is nonconforming with respect to lot area, frontage or lot shape, provided that such lot has at least 50 feet of frontage and 15,000 square feet of area. This bylaw shall not operate to waive such dimensional requirements on conforming parcels.
(b) 
This bylaw allows, with the receipt of a special permit from the Zoning Board of Appeals, the construction of a single- or two-family dwelling that is restricted, in perpetuity, for sale or lease as affordable housing in a manner that allows such dwelling to be added to the Town's subsidized housing inventory, as kept by the Massachusetts Department of Housing and Community Development.
(3) 
Requirements.
(a) 
Approval under this bylaw requires a special permit by the Zoning Board of Appeals.
(b) 
A special permit issued hereunder operates as a waiver of lot area, frontage or lot shape requirements but may not waive setback requirements or any other dimensional requirements of the Town's Zoning Bylaw.
(c) 
In granting a special permit hereunder, the ZBA must find that:
[1] 
The proposal is compatible with the surrounding neighborhood and environment.
[2] 
The means of access to the property is safe.
(d) 
Any special permit issued hereunder must be conditioned upon:
[1] 
A requirement that no building permit is issued until a complying deed restriction is approved by Town Counsel. Such restriction shall be recorded in the Registry of Deeds and shall provide for perpetual affordability.
[2] 
A requirement that no building permit may be issued until the applicant obtains any and all local and state approvals that may be necessary to ensure that the proposed home(s) will be added to the Town's subsidized housing inventory, as kept by the Department of Housing and Community Development.
[3] 
All state and local permitting completed.
[4] 
Such other reasonable conditions as the ZBA determines are necessary to mitigate impacts of the proposal.
(e) 
The Zoning Board of Appeals will have the final determination whether a single- or two-family dwelling can be built on a proposed lot.

§ 310-6.3 Nonconforming uses.

A. 
Change. The Zoning Board of Appeals may grant a special permit for any nonconforming use to be changed to another specified, nonconforming use not substantially different in character nor more detrimental or objectionable to a neighborhood.
B. 
Cessation. Any nonagricultural nonconforming use that has been discontinued for two years may not be renewed.
C. 
Extension.
(1) 
A nonconforming use shall not be extended except by special permit, and then only within the intensity regulations (Article 5) of this bylaw. Such extension or cumulative extensions shall increase base floor area or land occupancy by no more than 50%. The base floor area or land occupancy shall be that which existed on the date the use or land occupancy became nonconforming, as determined by any plan on file with any agency of the Town of Norfolk or, if no such plan is on file, then the first special permit application plan depicting the then-existing use or land occupancy shall be the base for computing the 50% maximum allowed increase.
[Amended 5-10-2022 ATM by Art. 21]
(2) 
The special permit can be granted only after a finding by the Zoning Board of Appeals that the extension is not more detrimental or objectionable to a neighborhood.
(3) 
Exception. Nonconforming single family uses, including accessory structures, may be extended in accordance with the following requirements:
(a) 
If the alteration or enlargement of a nonconforming structure does not violate the setback, coverage, or height requirements of § 310-5.1B, the structure may be rebuilt, altered or enlarged as a matter of right.
(b) 
If the alteration or enlargement of a nonconforming structure does violate the setback, coverage, or height requirements of § 310-5.1B but does not violate those requirements to a greater extent than the original structure, the structure may be rebuilt, altered, or enlarged only with a special permit issued by the Zoning Board of Appeals.
(c) 
No alteration or enlargement of a nonconforming structure shall violate the setback, coverage, or height requirements of § 310-5.1B to a greater extent than the original structure.

§ 310-6.4 Nonconforming structures.

A. 
Alteration and enlargement.
[Amended 11-14-2023 STM by Art. 20]
(1) 
A nonconforming structure may be altered or enlarged as a matter of right where the structure, as altered or enlarged, does not violate the setback, coverage, or height requirements of § 310-5.1B to a greater extent than the original structure.
(2) 
A nonconforming structure may not be altered or amended in a manner that violates a setback, coverage, or height requirement of § 310-5.1B as to which it is nonconforming to a greater extent than the original structure except as authorized by special permit issued by the Zoning Board of Appeals upon a finding that the alteration or enlargement will not be substantially more detrimental than the existing nonconforming structure to the neighborhood.
B. 
Demolition and reconstruction.
[Amended 11-14-2023 STM by Art. 20]
(1) 
A nonconforming structure may be demolished and a new structure may be reconstructed in its place as a matter of right so long as the new structure does not violate the setback, coverage, or height requirements of § 310-5.1B to a greater extent than the original structure.
(2) 
A nonconforming single- or two-family dwelling may be demolished and a new structure may be reconstructed in its place in a manner that increases the extent of a preexisting setback, coverage, and/or height violation only as authorized by special permit issued by the Zoning Board of Appeals upon a finding that the demolition and reconstruction will not be substantially more detrimental to the neighborhood than the existing nonconforming structure. Any such reconstruction may exceed the size of the original structure by no more than 500 square feet.
C. 
Restoration.
(1) 
Nothing shall prevent the strengthening or restoring, to a safe condition, of any building or structure or a part thereof declared unsafe by the Building Commissioner, provided the requirements of this bylaw are complied with.
(2) 
If a nonconforming structure has been destroyed or damaged by fire, flood, earthquake, or other catastrophe, such building may be rebuilt or restored subject to the granting of a building permit, provided such rebuilding and restoring shall be completed within 12 months of the issuance of a building permit, and application for said permit shall be made within two years of the destruction or damage, and the structure as rebuilt or restored shall not be in greater nonconformity than before. The permit granting authority may extend the period if it finds that the application and/or construction was not commenced for a good cause.

§ 310-6.5 Enclosures, swimming pools and mobile homes.

[Amended 5-10-2022 ATM by Art. 24; 11-14-2023 STM by Art. 21; 11-12-2024 STM by Art. 12]
A. 
Enclosures for animals. No fence or other structure enclosing animals, except house pets, shall be within 100 feet of a dwelling on an adjoining property.
B. 
Swimming pools. No swimming pool, including those in open space preservation subdivisions, shall be constructed closer than 25 feet to any lot line, and in no event in the front yard setback.
C. 
Private residential swimming pools. Every private swimming pool constructed after the adoption of this section shall be completely enclosed by a fence, wall, building or combination thereof, not less than four feet in height; all gates or door openings through such enclosure shall not be less than four feet in height and shall be self-closing with a self-latching device located not more than one foot below the top for keeping the gate securely closed at all times when not in actual use, except that the door of any building which forms a part of the enclosure need not be so equipped. Such gate shall not be required for aboveground pools utilizing an access ladder which can be elevated and locked, if approved by the Building Commissioner. Each gate, door, or ladder shall be kept locked at all times when the swimming pool area is not in use.
D. 
Mobile home. May be placed on the site of a residence; and the owner or occupier may reside in such a mobile home for a period not to exceed 12 months while a residence is being rebuilt after having been destroyed by fire or other natural disaster. The permit granting authority may grant a special permit to extend the period of residence in a mobile home if it finds that the construction cannot be completed within 12 months for good cause shown.

§ 310-6.6 Floodplain restrictions.

[Amended 5-10-2022 ATM by Art. 21]
In a Floodplain Protection District, land shall not be used for residence or other purposes in such a manner as to endanger the health or safety of the occupants thereof. Otherwise any uses normally permitted in the various districts overlain by the Floodplain Protection District shall not be restricted by this section, except that within the Floodplain Protection District, no dumping, filling, excavation, or transfer of any material which will reduce the natural floodwater storage capacity or interfere with the natural flow patterns shall be permitted.

§ 310-6.7 Parking requirements.

[Amended 5-10-2022 ATM by Art. 21; 5-10-2022 ATM by Art. 25; 11-14-2023 STM by Art. 19; 5-14-2025 ATM by Art. 22]
A. 
In any district where otherwise permitted, no use of premises shall be authorized or extended, and no building or structure shall be erected or enlarged unless there is provided for such erection, extension, or enlargement off-street parking space within 450 feet of the entrance of the principal building, structure, or use of the premises, in accordance with the following schedule of off-street parking requirements. The minimum number of parking spaces required in Subsection B must be provided unless the Planning Board specifically finds, under a special permit request, that the requirements of the use(s) will be served by a lesser number of parking spaces. In order to reduce the number of parking spaces, the Planning Board must find that the lesser number is adequate to accommodate the vehicles of occupants, employees, members, customers, clients, visitors, and deliveries to the premises. The applicant shall show the parking areas normally required for the lot. The Planning Board may place conditions of approval on any special permit granted under this section.
B. 
Schedule of Minimum Off-Street Parking Requirements.
Schedule of Minimum Off-Street Parking Requirements
Permitted Use
Minimum Number of Spaces*
Single-family dwelling
2 per unit
Dwelling unit, other than a single-family dwelling
1.5 per unit
Elderly housing
1 per unit
Assisted living facility
1 per 2 residential units adjacent to the building, plus 1 space per 4 units provided within the shared or attributed parking space provisions of the district
Nursing home, other than inpatient health care facility
1 per 4 beds
Hospital, other mixed out- and inpatient health care facility
2 per bed
Religious
1 per 150 square feet usable floor area or 1 per 3 seats, whichever is greater
Libraries, museums, and other nonrecreational floor space public facilities
1 per 300 square feet usable floor area
Theaters, auditoriums, gymnasiums, meeting halls, and other places of assembly based on Massachusetts Building Code
1 per 3 persons capacity
Athletic fields, stadiums, etc.
1 per 6 linear feet of bench seating or 1 per 4 seats
Day-care nurseries, nursery schools
1 per 5 children the facility is licensed to serve
Elementary and junior high school
2 per classroom
Senior high school
4 per classroom, plus those required for the largest place of assembly (gymnasium or auditorium)
Retail, service, or mercantile establishment
1 per 200 square feet usable floor area; 1 per 300 square feet of usable floor area for units less than 5,000 square feet
Professional office or general office
1 per 200 square feet usable floor area; 1 per 300 square feet of usable floor area for units less than 5,000 square feet
Motel, hotel, inn, lodging, or boardinghouse
5 per 4 units
Restaurants
1 per 100 square feet usable floor area or 1 per 3 persons capacity, based on Massachusetts State Building Code, whichever is greater
Automotive service garages
3 per bay
Automotive retail, retail nurseries, greenhouses, and any use with large outdoor display areas
1 per 150 square feet usable inside floor area, plus 1 per 750 square feet outdoor display area
Space in a manufacturing, retail, professional or general office that is specifically allocated for storage and/or shipping/receiving
1 per 500 square feet usable floor area
Office space accessory to an industrial use area
1 per 200 usable floor area
Other uses; parking spaces adequate to accommodate the vehicles of occupants, employees, members, customers, clients, and visitors to the premises shall be provided
1 per 50 square feet usable floor area or a lesser number by special permit from the Zoning Board of Appeals
Meeting rooms or buildings accessory to age restrictive housing
1 per 300 square feet usable floor area
Medical and dental offices
1 per 200 square feet usable floor area
Biotechnology research and development
1 per 400 square feet usable floor area
Medical research and/or medical treatment facility
1 per 150 square feet usable floor area, plus 1 per bed-treatment facility
Mixed uses shall be a sum of the combination of uses
*
Where computation results in a fraction of a parking space, only fractions of 1/2 or more shall be counted as one.
C. 
No lights used for illumination of off-street parking facilities shall produce direct glare from a light source on a public way or adjacent property.
D. 
Location of parking areas.
(1) 
In the Business 1 through Business 4 and Commercial 1 through Commercial 6 Districts, parking areas shall be located in the rear yard or side yard of structures and not in the front yard of such structures, unless otherwise authorized by special permit issued by the Planning Board.
(2) 
Notwithstanding the provisions of Subsection D(1) above, parking areas of a municipal building which is used as a library may be located in the front yard as a matter of right.
E. 
Handicapped parking spaces required by state regulations shall not be counted in meeting the number of spaces required by this bylaw.
F. 
Usable floor area is to be used for calculation of the number of required parking spaces.
G. 
Required off-street parking spaces or loading spaces may be wholly or partly enclosed in a structure.
H. 
The following restrictions, Subsection H(1) through (9), shall not apply to single-family dwellings.
(1) 
Parking spaces. Parking spaces for off-street parking shall be a minimum of nine feet by 19 feet or larger to accommodate expected vehicles, plus maneuvering and access lanes per single lane of travel.
Angle of Parking
Maneuvering Lane Width
(feet)
Parallel (0°)
12
15° to 30°
11
31° to 45°
14
46° to 60°
16
61° to 80°
20
81° to 90°
24
(2) 
The parking spaces, loading spaces, maneuvering and access lanes shall be surfaced with bituminous concrete or cement concrete material and shall be graded and drained so as to dispose of all surface water accumulation.
(3) 
Parking spaces shall not require backing onto a public way.
(4) 
A substantial bumper of a concrete curb or berm curb which is backed shall be placed at the edge of surfaced areas except driveways in order to protect abutting structures, properties, and sidewalks.
(5) 
Landscaping.
(a) 
In addition to landscaping required in other sections of this Zoning Bylaw, parking lots containing 10 or more spaces shall have at least one tree per eight parking spaces, such trees to be located either within the lot or within five feet of it. Such trees shall be at least two inches trunk diameter, with not less than 40 square feet of unpaved soil or other permeable surface area per tree.
(b) 
At least 5% of the interior of any parking lot having 25 or more spaces shall be maintained with landscaping, including trees, in plots of at least four feet in width. Trees and soil plots shall be so located as to provide visual relief and sun and wind interruption within the parking area, and to assure safe patterns of internal circulation. A grassed or landscaped bumper strip at least three feet wide shall be provided between facing rows of parking spaces, unless the Planning Board approves an alternative landscaping approach with the same or more landscaped area.
(6) 
Parking lots and appurtenances thereto shall be constructed in conformance with the specifications for same in the rules and regulations of the Norfolk Planning Board as most recently amended.
(7) 
Each parking space shall be marked and maintained with a solid reflectorized white or yellow painted line on each side, at the head of, and along the full depth, in a manner specified in the Planning Board rules and regulations.
(8) 
Any nonconforming off-street parking or loading area already containing less than the required number of spaces to serve their intended use shall not be further reduced in size or number of spaces.
(9) 
Parking areas requirements in § 310-6.7G applicable to parking spaces serving outdoor recreation, conservation, and park land uses may be modified, by the Planning Board through a special permit; provided, however, that the parking spaces are constructed in accordance with the Planning Board rules and regulations with suitable gravel or crushed rock or other medium and the parking spaces are adequately denoted by means approved by the Planning Board. All access driveways from the limit of the public paved way to the parking lot and other vehicle circulation areas shall be paved. To have the requirements waived, application must be made to the Planning Board for a special permit and the Planning Board must find that the granting of the special permit will not have adverse effects which outweigh its benefits on either the neighborhood or the Town, in view of the particular characteristics of the site and of the proposal in relation to the site. The determination by the Planning Board shall indicate consideration of the criteria in granting a special permit under the current § 310-7.6C.
I. 
Electric vehicle charging stations.
(1) 
Purpose. The purpose of this subsection is to ensure that the installation of commercial electric vehicle charging stations is appropriate to the location and not detrimental to the character of the surrounding neighborhood.
(2) 
Applicability.
(a) 
Commercial electric vehicle charging stations shall be installed in nonresidential parking areas and shall be considered an accessory use. These stations are expected to have intensive use and will be permitted to have multiple rapid direct current (DC) charging stations to serve expected demand.
(b) 
Commercial electric vehicle charging stations installed in residential zoning districts or residential development shall require a special permit from the Planning Board and shall be considered an accessory use.
(3) 
Requirements.
(a) 
Commercial electric vehicle charging stations installed in new or existing nonresidential developments shall be reviewed by the Planning Board. Additional permits may be required based on the location of the proposed electric vehicle charging stations.
(b) 
Commercial electric charging stations installed in new construction nonresidential use parking areas are subject to § 310-6.11, Site plan approval, and Chapter 325, Subdivision of Land and Site Plan Approval Regulations.
(c) 
A complete site plan application shall be filed with the Planning Board two weeks prior to a scheduled Planning Board meeting.
(d) 
The Planning Board may require a filing fee in an amount to reimburse the Planning Board for its administrative costs in processing the application.
(e) 
A certified abutters list shall be submitted with site plan approval application for properties directly abutting the site or directly across a street or way from the site.
(f) 
No public hearing is required for commercial electric vehicle charging stations installed in non-residential use parking areas.
(g) 
A simple majority vote is required to approve electric vehicle charging stations. A decision shall be rendered and filed with the Town Clerk within 14 days of the close of the public meeting.
(h) 
A site plan shall be filed with the site plan application that meets the requirements of § 310-6.11A(5).
(i) 
Noncommercial electric vehicle charging stations designed and installed to only serve the occupants of a property development shall be processed with the underlying permit(s).
(4) 
Design criteria.
(a) 
Parking spaces for electric vehicles shall not be located in the most convenient spots because this will encourage use by nonelectric vehicles. Design should be appropriate for the location and use. Facilities should be able to be readily identified by electric car users, but blend into the surrounding landscape and architecture for compatibility with the character and use of the site.
(b) 
Where provided, electric vehicle parking spaces should meet design standards of § 310-6.7, Parking requirements.
(c) 
Number. No minimum number of electric vehicle parking spaces are required; however, no more than 20% of the total number of parking spaces may be designated as electric vehicle parking spaces unless the Planning Board determines more than 20% isn't detrimental to the need for parking to serve the use or uses.
(d) 
Minimum parking requirements. Dedicated parking spaces for electric vehicles charging station shall be included in the minimum parking space requirements for § 310-6.7B, Schedule of Minimum Off-Street Parking Requirements.
(e) 
Signage. Each electric vehicle parking space shall be posted with signage indicating the space is only for electric vehicle charging purposes. Days and hours of operations shall be included if time limits, or tow-away provisions are to be enforced by the owner. Information identifying voltage and amperage levels or safety information must be posted. The signage can include the company name and not be considered a subject to § 310-6.9, Sign regulations.
(f) 
Accessibility. Where charging station equipment is provided within an adjacent pedestrian circulation area, such as a sidewalk or accessible route to the building entrance, the charging equipment must be located so as to not interfere with accessibility requirements. The site plan of the existing parking areas layout and proposed charging stations shall be reviewed and approved by the Planning Board.
(g) 
Maintenance. Charging station equipment shall be maintained in all respects, including the functioning of the charging equipment. A phone number or other contact information shall be provided on the charging station equipment for reporting when the equipment is not functioning, or other problems are encountered.
(5) 
Site plan existing parking areas.
(a) 
Adding commercial electric vehicle charging stations to existing nonresidential use parking areas shall be shown on an as-built plan of the parking area. At minimum, on that plan all utilizes shall be shown above or below grade, electric lines, transformers, equipment necessary and integral to support an electric vehicle, charging stations, and any other associated equipment. A most recent aerial image of the parking areas and surrounding area. All signage and pavement markings shall be shown on the plan. A parking table showing all the uses and their required parking spaces, handicapped parking spaces and the number of electric vehicle charging stations.
(b) 
Adding commercial electric vehicle charging stations to existing nonresidential use parking areas is through an expedited site plan review process not subject to § 310-6.11, Site plan approval.

§ 310-6.8 Off-street loading.

A. 
Basic requirement.
(1) 
In any district where otherwise permitted, no use of premises shall be authorized or extended, and no building or structure shall be erected or enlarged, unless there is provided for the extension, erection, or enlargement off-street loading facilities located entirely on the same lot as the building or use to be served, and with immediate and direct ingress to the building to be served in accordance with the following minimum specifications. An area of at least 400 square feet of appropriate dimensions, exclusive of drives and maneuvering space, shall be considered one off-street loading space.
(2) 
In no case shall the required loading space be part of the area used to satisfy the parking requirements of this bylaw.
B. 
Minimum standards. One loading space for each 10,000 square feet of gross floor area of any retail goods, wholesale, storage, distribution, manufacturing, public utility, consumer service establishment, hotel, motel, school or like establishment;

§ 310-6.9 Sign regulations.

A. 
Basic requirement.
[Amended 5-10-2022 ATM by Art. 21; 5-17-2023 ATM by Art. 25]
(1) 
No signs or advertising devices of any kind or nature shall be erected on any premises or affixed to the outside of any structure or be visible from the outside of any structure within public view of any highway, public park, or reservation except as specifically permitted in the following Schedule of Sign Regulations and in accordance with the following notation:
Yes
Use permitted
SP
Use allowed under special permit by the Planning Board
No
Use prohibited
(2) 
Internally illuminated signs may be allowed by special permit through the Planning Board in the B-1 Inner and Outer, C-1, C-1a, C-1b, C-1c, C-4 and C6 Zoning Districts.
(3) 
Projecting signs may be allowed by special permit through the Planning Board in the B-1 Inner and Outer, C-1, C-1a, C-1b, C-1c, C-4 and C-6 Zoning Districts.
(4) 
No sign shall obstruct or interfere with traffic, or by reason of its size, placement, or words such as "stop," "danger," "go slow," "caution," or "warning," create confusion or obscure any official traffic signs or signals. No sign shall violate § 310-5.2E of this bylaw requiring visual corner clearance. No sign using flashing or intermittent lights except such portions of a sign as consist solely of indicators of time and/or temperature, no moving or animated signs, no reflectorized signs, no signs painted directly on any building surface, excluding the external windows of any building, no sign above the wall area of a building.
(5) 
No advertising sign or signboard shall be permitted or allowed to be so located as to obstruct a view between any points on connecting streets within 50 feet of a corner, or the rights-of-way, or to obstruct any door, window or fire escape on a building.
(6) 
Externally illuminated signs may be lit with white light only, and lighting shall be shielded and focused not to extend beyond the sign border.
(7) 
No sign may have more than two sides, excluding frames and supports.
(8) 
A sign which advertises a business which is no longer conducted at that premises shall be removed immediately.
(9) 
No freestanding sign shall be located nearer any side property line than the permitted side setback distance for that zone.
(10) 
One window sign which shall not exceed 25% of the total front window area or 12 square feet (whichever is less) and placed on the window of the establishment for which it is advertising shall be permitted.
(11) 
Any sign erected in violation of this bylaw and/or in such fashion as to constitute a hazard to public safety shall be removed.
(12) 
No freestanding sign shall be higher than 10 feet, from the average finished grade of adjoining ground to the top of the sign, except to a maximum of 15 feet by special permit through the Planning Board.
(13) 
The area of a sign shall be the area of the outermost rectangular perimeter of any word, symbol, design or device, including all attachments excepting support at the base thereof.
(14) 
A wall sign shall be attached flat against the wall of the building, protruding no more than 12 inches from the building surface, and not protruding above the wall area of the building.
(15) 
A sign which designates a subdivision shall not be considered an announcement {Subsection B(1)(b)[1] and [2]}. No subdivision sign, where permitted, shall be erected upon property belonging to the Town of Norfolk, nor on any street right-of-way. A special permit for such a sign shall be limited to two years from the date of issuance. Renewal of the special permit for an agreed upon duration may be granted after presentation of justification by the applicant.
(16) 
Mailboxes and house numbers (as required by Chapter 134, Buildings, Numbering of, of the bylaws of the Town of Norfolk) are excluded from these regulations.
(17) 
Temporary signs are allowed as permitted by the bylaws of the Town of Norfolk.
(18) 
No signs may be affixed to any fence or utility pole.
(19) 
In particular instances, the Planning Board may issue special permits for larger or additional signs as noted, if it is determined that the architecture of the building, the location of the building with reference to the street or the nature of the establishment is such that the sign should be permitted in the public interest. In granting such permission, the Planning Board shall specify the size and location of the sign or signs and impose such other terms and restrictions as may be deemed to be in the public interest. Any applicant under this provision shall provide the following:
(a) 
A drawing to scale showing the proposed sign, all existing signs;
(b) 
Perspectives, renderings, photographs, or other representation sufficient to show the nature of the proposed sign, its effect on the immediate surroundings, and the reasons for allowing it.
B. 
Schedule of Sign Regulations.
[Amended 5-10-2022 ATM by Art. 21; 5-17-2023 ATM by Art. 25]
Districts
R
B1-B4
C1-C6
(1)
On-premises signs or advertising devices
(a)
Name plate 1 sign for each family residing on the premises, indicating the name of the owner or occupant or pertaining to a permitted accessory use, provided that each sign does not exceed 2 square feet in area. (Restrictions relating to freestanding signs do not apply to this type of sign.)
Yes
Yes
Yes
[1]
1 freestanding sign on the ground for property owned by the Town and/or a subgroup of the Town, to advertise the name of the property and its purpose or function with the size not exceeding 12 square feet in area per side except by special permit by the Planning Board, to a maximum of 24 square feet.
Yes
Yes
Yes
(b)
Announcement 1 sign not exceeding 8 square feet in area per side in a residential district or 12 square feet per side in all other districts for each of the following purposes:
[1]
Advertisement for the sale, rental or lease of the building or premises. Such signs shall be removed not later than 7 days following the sale (date of closing) or rental of the subject property.
Yes
Yes
Yes
[2]
Advertisement for a building contractor only while construction is occurring on the site.
Yes
Yes
Yes
(c)
Advertising
[1]
1 wall sign not to exceed 8 square feet or 1 freestanding sign not to exceed 8 square feet in area per side located on property whose primary use is for agricultural purposes. Said sign shall be used for advertisement of agricultural produce. If located in a residential zone, signs are not to be illuminated.
Yes
Yes
Yes
[2]
1 wall sign per street, road or private way for each separate and distinct establishment advertising the name of the establishment and/or the goods or services rendered with the size not exceeding 20 square feet in area except by special permit, with 12 square feet allowed for each 10,000 square feet of building footprint, to a maximum of 48 square feet.
No
Yes
Yes
[3]
1 window sign.
No
Yes
Yes
[4]
1 freestanding sign on the ground for each separate building, housing 1 or more establishments, with the size not exceeding 12 square feet in area per side except by special permit, to a maximum of 24 square feet. Such signs advertising multiple businesses in 1 or more buildings may be combined into a single structure by special permit, provided that none shall exceed 12 square feet, expect by special permit, and the total area of all signs, excluding the supporting structure but including mounting surfaces, shall not exceed 100 square feet per side.
No
Yes
Yes
[5]
Wherever a premises has a separate entrance fronting onto a second public way, 1 additional freestanding sign meeting the same criteria.
No
Yes
Yes
[6]
A residential subdivision shall be permitted 1 freestanding sign bearing the name of the subdivision and not exceeding 8 square feet per side.
SP
No
No
[7]
A nonresidential subdivision shall be permitted 1 freestanding sign not exceeding 12 square feet per side except by special permit, to a maximum of 24 square feet.
No
Yes
Yes
[8]
A residential development within a mixed-use business or commercial district shall be permitted 1 freestanding sign, including a natural rock with identification etching, per street, road or private way.
No
Yes
Yes
[9]
Any projecting sign on a building shall not exceed 4 square feet mounted on the building at least 8 feet above the ground level and its upper edge no more than 14 feet above ground level.
No
SP
SP
[10]
One sandwich board sign per business. The sign shall be displayed only during business hours and must be removed after business hours. The sign frame shall be no greater in size than 2 feet wide and 4 feet high. The sign must be located in front of the business that it advertises. Under no circumstances shall a sign obstruct benches, fire hydrants or other features legally in the right-of-way or shall it obstruct parking access, handicapped parking access or vehicular paths of travel. A minimum clear sidewalk width of 48 inches shall be maintained. The sign frames must be constructed of materials that present a finished appearance and use durable weather-resistant materials, including, but not limited to, painted or decay-resistant wood, metal or wrought iron. Sign lettering shall be either painted in a professional-looking manner, computer-generated or handwritten on a chalkboard. The following are prohibited: sign frame constructed of rough cut plywood, cardboard, paper, fabric or non-rigid materials.
No
Yes
Yes
(2)
Off-premises signs or advertising devices, provided a permit has been granted by the Outdoor Advertising Board in accordance with MGL c. 93, §§ 29 through 33, and such permit is valid and outstanding.
No
SP
SP
C. 
Permits required.
(1) 
No sign with the exception of nameplate signs as provided above shall be erected unless a building permit has been issued.
(2) 
Any nonconforming sign lawfully erected prior to the effective date of this section of the bylaw may continue to be maintained but shall not be reworded, redesigned or altered in any way unless it is brought into conformity with this bylaw, and no such sign may be replaced except by a sign that conforms to this bylaw.

§ 310-6.10 Performance standards.

A. 
Basic requirements. No land or building shall be used or occupied for nonresidential purposes in any district in any manner as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosion, radioactive or other hazard; noise or vibration; smoke, dust or other form of air pollution; electrical or other disturbance; glare; liquid or solid refuse or wastes; detrimental contamination of groundwater or the pollution of streams; conditions conducive to the breeding of rodents or insects; or other substance, conditions or element in a manner or in an amount as to affect adversely the surrounding area.
B. 
Measurement at point of emission. The existence of the following dangerous or objectionable elements shall be determined at the point of emission:
(1) 
Fire and explosive hazards. All activities and all storage of flammable and explosive materials, at any point, shall be provided with adequate firefighting and fire suppression equipment and devices.
(2) 
Radioactivity or electrical disturbance. No activities that emit dangerous radioactivity, at any point, and no electrical disturbance (except from household appliance and equipment subject to the control of the Federal Communication Commission) adversely affecting the operation, at any point, of any equipment other than that of the creator of such disturbance shall be allowed.
(3) 
Smoke. No emission at any point of smoke of a shade darker than No. 1 on the Ringelmann Smoke Chart, as published by the U.S. Bureau of Mines, for more than five minutes in any hour shall be allowed.
(4) 
Fly ash, dust, fumes, vapors, gasses and other forms of air pollution. No emission, at any point, which can cause any damage to health, animals or vegetation, or which can cause excessive soiling, and in no event any emission of any solid or liquid particles in concentration exceeding 0.3 grain per cubic foot of the conveying gas or air, shall be allowed.
(5) 
Liquid or solid waste. No discharge at any point into any private sewage disposal system, stream, or the ground of any materials in such a way or of such nature or temperature as can contaminate any running stream or water supply or otherwise cause the emission of dangerous or objectionable elements, and no accumulation of wastes conducive to the breeding of rodents or insects shall be allowed.
C. 
Measurement at lot line. The existence of the following dangerous and objectionable elements shall be determined at the lot line of the use or at any point beyond:
(1) 
Vibration. No vibration which is discernible to the human sense of feeling for three minutes or more in any one hour between 7:00 a.m. and 7:00 p.m., or 30 seconds or more in any one hour from 7:00 p.m. to 7:00 a.m. shall be permitted. No vibration at any time shall produce an acceleration of more than 0.1g or shall result in any combination of amplitudes and frequencies beyond the "safe" range of Table 7, U.S. Bureau of Mines Bulletin No. 442.
(2) 
Noise.
(a) 
Maximum permissible sound pressure levels at specified points of measurement for noise radiated continuously from a facility between 10:00 p.m. and 7:00 a.m. shall be as follows:
Frequency Band Cycles per Second
Sound Pressure Level Decibels re 0.0002 dyne/cm2
20 to 75
69
75 to 150
54
150 to 300
47
300 to 600
41
600 to 1,200
37
1,200 to 2,400
34
2,400 to 4,800
31
4,800 to 10,000
28
(b) 
If this noise is not smooth and continuous, the following corrections shall be added to each of the preceding decibel levels:
[1] 
Daytime operation only: +5.
[2] 
Noise source operates less than 20% of any one-hour period: +5.
(3) 
Odor. No emission of odorous gases or odoriferous matter in such quantities as to be offensive shall be permitted. Any process which may involve the creation and/or emission of any odors shall be provided with a primary and a secondary safeguard system. No objectionable odor shall be permitted greater than that caused by 0.001202 oz. per thousand cubic feet of hydrogen sulfide or any "odor threshold" as defined in Table III in Chapter 5, Air Pollution Abatement Manual, copyright 1951 by Manufacturing Chemists Association, Inc., Washington, DC.
[Amended 5-10-2022 ATM by Art. 21]
(4) 
Glare. No direct or sky-reflected glare shall be permitted, whether from floodlights or from high-temperature processes such as combustion or from signs otherwise permitted.

§ 310-6.11 Site plan approval.

A. 
Requirements for site plan.
(1) 
In all districts, no building or structure shall be constructed or externally enlarged and no use shall be expanded in ground area or established in an existing building or structure and no new tenancy shall be established except in conformity with a site plan bearing an endorsement of approval by the Planning Board unless site plan approval is specifically exempted under MGL c. 40A, § 3, or herein. This provision shall not apply to any single- or two-family homes in any district, including additions or enlargements. The Building Commissioner/Zoning Enforcement Officer in conjunction with the Director of Planning and Land Use shall make a written determination as to which of the following applies:
[Amended 5-10-2022 ATM by Art. 21]
(a) 
Subsection A(2), Site plan approval not required; or
(b) 
Subsection A(4), Site plan modification approval is required; or
(c) 
Subsection A(5), Site plan full approval is required.
(2) 
Site plan approval not required.
(a) 
Upon payment of a fee and the formal application to the Building Department a written determination shall be made by the Building Commissioner/Zoning Enforcement Officer in conjunction with Director of Planning and Land Use for change of use or change to an existing, occupied building or structure with a previous site plan approval; the site plan approval requirements of full or modification may not apply if all of the following information is provided and the following conditions, Subsection A(2)(a)[1] to [6], are determined to exist by the Building Commissioner/Zoning Enforcement Officer:
[1] 
Provide a floor plan indicating the occupied spaces, existing use, its proposed new use, its usable floor area, its locus within the building or structure and its consistency with the original site plan approval.
[2] 
Provide a written statement indicating the new space use is permitted as a matter of right (per current zoning) in the district in which the building or structure is located and that it is consistent with the original site plan approval.
[3] 
Provide a written statement stating the number of parking spaces required in the original site plan approval. Calculate the number of required parking spaces under current zoning for the existing use(s). State the number of parking spaces required or the new use based on § 310-6.7. If it is a multiuse building(s) or structure, show the parking requirements based on § 310-6.7 for each tenant and their designated spaces.
[4] 
Provide a written statement indicating how the existing building or structure and site function in accordance with the original site plan approval relative to handicapped accessibility, storage, exterior lighting and property line to building setback (with site diagram).
[5] 
Provide a written statement indicating that the existing building has been "continuously occupied," which shall be defined as a building that has not been fully vacant for a period of no more than 23 months.
[6] 
An application shall not be considered complete until the owner(s) of record or their legally authorized agent walks the property with the Building Commissioner/Zoning Enforcement Officer and Director of Planning and Land Use.
(b) 
The Building Commissioner/Zoning Enforcement Officer in conjunction with the Director of Planning and Land Use may determine that the proposed new use and/or change in the existing building or structure does not require site plan modification or full site plan approval. A written determination under this subsection shall be issued within 15 days after the completed application is received for action by the Building Department. Occupancy shall not occur until compliance with all conditions of the determination has occurred.
(c) 
Any determination issued with conditions must be consistent with the Planning Board's most current rules and regulations.
(d) 
A finding shall be made that the application does not qualify for a determination under this subsection, in which case site plan modification or full approval is required.
(3) 
Plan requirements: modification or full site plan approval. If modification or full site plan approval is required, said plan shall show, among other things, all existing and proposed buildings, structures, freestanding signs, parking spaces, driveway openings, driveways, service areas, open area uses and other improvements; all disposal facilities for sewage, refuse and other waste disposal and for surface water drainage and all storage facilities for equipment, material and other; all landscape features (such as fences, walls, planting areas, and walks); and all existing natural features, including ponds, brooks, and wetlands, on the lot. The site plan shall be prepared, signed and certified by a professional engineer (PE) or a registered land surveyor, as appropriate. The proposed use(s) and site development shall conform to the requirements set forth in this bylaw and other regulations as applicable. The plan shall conform to the administrative requirements set forth in the Planning Board rules and regulations, as most recently adopted.
(4) 
Site plan modification to a previously approved site plan.
(a) 
Upon payment of a fee and submission of a formal application to the Building Department, a written determination shall be made by the Building Commissioner/Zoning Enforcement Officer in conjunction with the Director of Planning and Land Use whether the site plan modification is applicable. The conditions for modification shall be based on:
[1] 
A determination that the site has a previous site plan approval by the Planning Board; and
[2] 
A determination is made that the proposed change generates minimal impact using the following criteria:
[a] 
The use is allowed as a matter of right;
[b] 
The alteration or enlargement and use requires the addition of no more than 10 parking spaces; and
[c] 
Critical elements of the site are being minimally altered. "Critical elements" shall be defined as location, width, and surface materials of the egress, walkways, driveways, parking areas, drainage, lighting or screened trash or storage areas, and traffic.
(b) 
The determination shall be rendered within 15 days of submitting a complete application with required plans and statements(s) for modification.
[1] 
Any determination issued with conditions shall be consistent with the Planning Board's most current rules and regulations.
[2] 
A finding shall be made that the application does not qualify for a determination under this subsection, in which case full site plan approval will be required.
(5) 
Conditions of full site plan approval.
(a) 
A change in an allowed use and/or configuration of a building or structure and/or site layout will require full site plan approval if the site does not have a previous site plan approval by the Planning Board and:
[1] 
The use proposed is permitted as a matter of right;
[2] 
The alteration or enlargement would result in the addition of 11 or more parking spaces.
(b) 
The determination shall be rendered within 15 days of submitting of the complete application with required plans and statements.
B. 
Procedure for approval.
(1) 
Any person desiring approval of a site plan under this section shall submit said plan with application for approval and appropriate fee in accordance with the Site Plan Approval Rules and Regulations, as most recently amended,[1] directly to the Planning Board. The Board shall, within 10 days after the receipt, transmit one copy of such plan to the following: Building Commissioner, Board of Health, Conservation Commission, Police Chief, Fire Chief, Director of Public Works.
[Amended 5-10-2022 ATM by Art. 21]
[1]
Editor's Note: See Ch. 325, Subdivision of Land and Site Plan Approval Regulations.
(2) 
Each agency shall, at its discretion, investigate the case and report, in writing, its recommendations to the Planning Board. When a site plan is submitted in conjunction with an application to the Zoning Board of Appeals for a special permit [§ 310-7.6C(2)], the Planning Board shall also request a review and report of findings from the Zoning Board of Appeals. The Planning Board shall include the findings from the Zoning Board of Appeals in its recommendations.
(3) 
The Planning Board shall not take final action on such plan until it has received reports from said agencies or until said agencies have allowed 21 days to elapse after receipt of such plan without submission of a report thereon. No building permit shall be issued unless the site plan has been approved by the Planning Board. No certificate of occupancy shall be issued until all requirements of the approved site plan have been completed. A temporary occupancy permit may be issued by the Building Commissioner where the site plan work has not been completed if the Planning Board determines that a temporary occupancy permit is warranted, based upon the request of the owner of property that is the subject of the site plan approval.
(4) 
In exercising its jurisdiction under this section, the Planning Board shall comply with all requirements and procedures applicable to those of a permit granting authority when deciding requests for special permits pursuant to MGL c. 40A, §§ 11 and 17, including, but not limited to, those relating to notice, public hearing and appeals, as most recently amended.
C. 
General conditions for approval. In considering a site plan under this section, the Planning Board shall assure, to a degree consistent with a reasonable use of the site for the purposes permitted or permissible by the regulations of the district in which the property is located:
(1) 
Protection of adjoining premises against seriously detrimental or offensive uses on the site;
(2) 
Convenience and safety of vehicular and pedestrian movement within the site, and in relation to adjacent streets, property, or improvements;
(3) 
Adequacy of the methods of disposal for sewage, refuse, and other wastes resulting from the uses on the site, and the methods of drainage for surface water from its parking spaces and driveways;
(4) 
Adequacy and safety of storage facilities/methods for fuel, refuse, vehicles and other material and equipment incidental to the use of the site;
(5) 
Provision for emergency access and operations within the site;
(6) 
Provision for off-street loading, unloading, and parking of vehicles incidental to the normal operation of the establishment.
(7) 
Review of the site plan referencing the Norfolk Town Center Design Review Guidelines, as most recently amended, for any property located in the B-1 District.
[Added 5-8-2021 ATM by Art. 22]
D. 
Authority of the Board.
(1) 
The Planning Board shall have the power to require that technical data and study results be provided by the applicant to support the site plan.
(2) 
The Planning Board shall have power to modify a determination from Subsection A and modify or amend its approval of a site plan on application of the person owning or leasing the premises or upon its own motion in the event of changes in physical conditions sufficient to justify such action within the intent of this section. All of the provisions of this section applicable to approval shall, where apt, be applicable to such modification or amendment. Site plan approval may be revoked by the Board if, after a public hearing, it determines that a site has not been developed or maintained in accordance with the approved site plan.

§ 310-6.12 Design review.

[Amended 5-8-2021ATM by Art. 22; 11-12-2024 STM by Art. 5]
A. 
Purpose. The purpose of this section is to preserve and enhance the Town's cultural, economic, and historical resources by providing for a detailed review of all changes in nonresidential land use, the appearance of structures, and the appearance of sites which may affect these resources. The review procedures are intended to:
(1) 
Enhance the social and economic viability of the Town by preserving property values and promoting the attractiveness of the Town as a place to live, visit and shop;
(2) 
Encourage the conservation of buildings and groups of buildings that have aesthetic or historic significance;
(3) 
Prevent alterations that are incompatible with the existing environment or that are of inferior quality or appearance; and
(4) 
Encourage flexibility and variety in future development.
B. 
Design Review Board.
(1) 
In accordance with the provisions of Chapter 40A of the Massachusetts General Laws, a Design Review Board shall review applications for all actions that are subject to the provisions of this section and shall make recommendations to the Building Commissioner, Planning Board or Zoning Board of Appeals, as appropriate, concerning the conformance of the proposed action to the design review standards contained herein.
(2) 
The Design Review Board shall consist of five residents of the Town of Norfolk. Appointments to the Design Review Board shall be made as follows:
(a) 
Two members shall be appointed by the Chair of the Planning Board, with the concurrence of a majority of said Board;
(b) 
One member shall be appointed by the Chair of the Historical Commission, with the concurrence of a majority of said Commission; and
(c) 
Two members shall be appointed by the Chair of the Select Board, with the concurrence of a majority of said Board.
(3) 
The terms of all members of the Design Review Board shall be three years, except that when the Board is originally established, the Planning Board shall make two of its appointments for a two-year term and one appointment by the Select Board shall be for a one-year term.
C. 
Reviewable actions. The following types of actions in the areas specified therein shall be subject to review by the Design Review Board and shall be subject to the design standards contained herein:
(1) 
Exterior actions requiring a building permit. All new structures, alterations, or additions to existing structures, changes in outdoor land use or changes in site design which require a building permit and which affect the exterior architectural appearance of a building shall be subject to review by the Design Review Board, provided that the action occurs on land which is located in the Business 1 through Business 4 or Commercial 1 through Commercial 6 Zoning Districts and is used for nonresidential purposes or nonconforming uses in Residential 1 through 3 Districts. In the Commercial 6 Zoning District only those buildings with less than 100,000 square feet of usable interior square footage shall be subject to review by the Design Review Board.
(2) 
Actions by Town government. Any construction, alteration, demolition or removal of a structure or site by the Town of Norfolk shall be subject to review by the Design Review Board. This includes all actions throughout the Town of Norfolk, except those that are considered to be routine maintenance or highway maintenance.
D. 
Procedures for review of actions subject to design review.
(1) 
Applications for all actions subject to review by the Design Review Board shall be made by completing an application form and submitting it to the Planning Board. Application forms shall be available from the Planning Board.
(2) 
All applications to the Design Review Board shall include all information required by the rules and regulations of the Design Review Board, as applicable, in addition to any other information that is required under this bylaw as part of an application for a special permit, site plan review, variance or building permit.
(3) 
Upon receipt of an application for design review, the Planning Board shall immediately transmit the application to the Design Review Board. The Design Review Board shall review the application and return its recommendations, in writing, to the Planning Board within 30 days of the receipt of the application. If the application for design review is associated with application for site plan review, the Design Review Board shall return its recommendation, in writing, to the Planning Board before the conclusion of the public hearing(s) on the site plan review application. If the application is for a variance or a special permit, the Planning Board shall immediately transmit the Design Review Board's recommendations to the Zoning Board of Appeals.
E. 
Design review standards. The Design Review Board shall consider, at a minimum, the following standards in the course of the design review of a proposed action. For design review of a proposed action in the B-1 District, the Design Review Board shall consider the Norfolk Town Center Design Review Guidelines in the course of the design review.
(1) 
General principles.
(a) 
Every reasonable effort shall be made to preserve the distinguishing original qualities of a building, structure or site and its environment. The removal or alteration of any historic material, architectural features or trees should be avoided when possible.
(b) 
Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site shall be treated with sensitivity.
(c) 
Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and when such design is compatible with the surrounding environment.
(2) 
Design review standards. The Design Review Board shall consider, at a minimum, the following standards in the course of the design review of a proposed action:
(a) 
Height. The height of any proposed alteration should be compatible with the style and character of the surrounding buildings, within zoning requirements.
(b) 
Proportions of windows and doors. The proportions and relationships between doors and windows should be compatible with the architectural style and character of the surrounding area.
(c) 
Relationships of building masses and spaces. The relationship of a structure to the open space between it and adjoining structures should be compatible.
(d) 
Roof shape. The design of the roof should be compatible with the architectural style and character of the surrounding buildings.
(e) 
Landscape. The landscape should be compatible with the character and appearance of the surrounding area, and parking areas should be located to the side or rear of buildings where reasonably possible.
(f) 
Scale. The scale of the structure should be compatible with its architectural style and the character of the surrounding buildings.
(g) 
Directional expression. Facades shall blend with other structures in the surrounding area with regard to the dominant vertical or horizontal expression.
(h) 
Architectural details. Architectural details, including signs, materials, colors and textures, shall be treated so as to be compatible with its original architectural style and to preserve and enhance the character of the surrounding area.
F. 
Design submittal. To aid the Design Review Board in making the findings required in Subsection E, and in preparing its recommendations as provided in Subsection B, the applicant shall submit the following materials, in addition to the usual drawings, at the time of application to the Zoning Board of Appeals or Planning Board:
(1) 
Model.
(a) 
An inexpensive study model or final presentation model of suitable scale, showing the tract, abutting streets, proposed contours, proposed building or buildings, off-street parking, and the massing of abutting buildings. A model shall not be required for additions, alterations, or changes in existing buildings which increase gross floor area by less than 100%.
(b) 
The Design Review Board may, in its discretion, waive the requirement of a model.
(2) 
Drawing of existing conditions. A drawing showing the location, type, size, or dimension of existing trees, stone walls, and other natural topography with designations as to which features will be retained. All existing trees, stone walls and other natural features shall be retained until a special permit is approved.
(3) 
Drawing of proposal.
(a) 
Structure. A drawing, including color and type of surface materials, showing front and rear elevations, and side elevations where there are not adjoining buildings, and floor plans.
(b) 
Landscape. A drawing showing the location, dimensions, and arrangements of all open spaces and yards, including type and size of planting materials, color and type of surface materials, methods to be employed for screening, and proposed grades.
(4) 
Photographs. Photographs showing the proposed building site and surrounding properties, and of the model (if required). Applications for alterations and additions shall depict the existing structure to be altered and its relationship to adjacent property.
(5) 
Impact statement. Statement by the applicant with explanation of how each of the design standards is incorporated into the design of the proposed development. If a particular standard is not applicable, a statement to that effect will suffice.
(6) 
Plan revisions. Any plans revised after a formal application has been made to the Design Review Board which in any way affect or alter the visual appearance of the facade, roof, or other aspects of the site specified in design review shall be submitted to the Design Review Board for further review in accordance with this bylaw.
G. 
Special permit incorporation. Recommendations of the Design Review Board shall be incorporated by the permit granting authority as follows:
(1) 
Site plan review. The Planning Board shall incorporate the recommendations of the Design Review Board in its conditions for approval under § 310-6.11C; and
(2) 
Special permits. The recommendations of the Design Review Board shall be incorporated by the Zoning Board of Appeals in its conditions pursuant to § 310-7.6D.

§ 310-6.13 Wireless communications facilities.

A. 
Notwithstanding any language to the contrary, wireless communications facilities (including antennas, towers and equipment buildings, if any) within land used by a public utility company for overhead high-voltage electric transmission line purposes shall be permitted upon the issuance of a special permit by the Zoning Board of Appeals pursuant to applicable provisions of the Zoning Bylaw. As part of any application for said special permit, applicants shall submit, at a minimum, the information required for site plan approval, as set forth in the applicable provisions of the Zoning Bylaw, as may be amended.
[Amended 5-10-2022 ATM by Art. 21]
B. 
Wireless Communications Overlay District 1. This district shall include land between the Millis town line and the Walpole town line limited to Assessors' Map 9, Block 31, Lot 1; and Map 9, Block 32, Lots 33, 36, 38, and 100; and Map 10, Block 32, Lots 3, 4, 8, 12, 41, 74, and 76; and Map 10, Block 34, Lot 134; Map 15, Block 35, Lots 40, 36, 41, and 50; Map 15, Block 54, Lots 30, 40, and 95; Map 16, Block 35, Lots 38 and 49; Map 16, Block 54, Lot 102; Map 22, Block 54, Lots 138, 42, 102, and 58; Map 22, Block 76, Lots 14, 19, 49, 32, 31, and 41; and Map 23, Block 54, Lot 101; however, wireless communications facilities within the underlying districts, other than appurtenant ground equipment, shall be placed on or within existing transmission towers used for high-voltage transmission lines only.
C. 
Wireless Communications Overlay District 2. This district shall include all land in the B-1 Zoning District with an existing ground elevation at or above 284 feet mean sea level (1927) datum.
[Amended 5-10-2022 ATM by Art. 21]
D. 
Wireless Communications Overlay District 3. This district shall include all land within the C-6 (Residential/Commercial Use) District limited to Assessors' Maps 26 and 27, Block 80, Lot 3, within 300 feet of the Walpole town line.
E. 
Wireless Communications Overlay District 4. This district shall include all land within the "off highway" portion of the C-1 District (Routes 1A/115) west of Route 1A and southwest of Pond Street, and which is located at or above elevation 260 feet (USGS datum of 1929).
[Amended 5-10-2022 ATM by Art. 21]
F. 
A wireless communications facility and its appurtenances shall be located in accordance with the Federal Communications Commission (FCC) and the Federal Aviation Administration (FAA) regulations in effect at the time of construction, and its operation shall comply with all requirements of these agencies. The wireless communications facility, including antennas and accessory structures, if any, may be erected upon the issuance of a special permit by the Zoning Board of Appeals, subject to site plan approval, as set forth herein, as may be amended, and shall be subject to the following requirements:
(1) 
To the extent feasible, all service providers shall co-locate.
(2) 
The height of the antenna of the wireless communications facility shall not exceed a height of 110 feet as measured from the vertical distance from the grade to its highest point; however, if the antennas are placed on or within an existing transmission tower, the height of the antennas shall not exceed a height greater than the highest point of the existing tower used for high-voltage electric transmission lines.
(3) 
The wireless communications facility shall not be located nearer any property line a distance less than or equal to the height of the structure and in no case less than 150 feet.
(4) 
Wireless communications facilities, by special permit from the Planning Board, may be considered an accessory use to a main use in Wireless Communications Overlay Districts 1, 2, and 3.
(5) 
All monopoles shall be located in no case less than 150 feet from the nearest property line except by special permit. The minimum lot size shall be two acres except by special permit.
(6) 
To the extent feasible, all network interconnections from the communications site shall be via underground lines.
(7) 
Land clearing shall be performed in a manner which will maximize preservation of natural vegetation and conservation of natural resources.
(8) 
Each facility shall minimize (including sharing the equipment building), to the extent feasible, adverse visual effects on the environment. The Planning Board may impose reasonable conditions to ensure this result, including painting and lighting requirements.
(9) 
If personal wireless communications facilities are not camouflaged from public viewing areas by existing buildings or structures, they shall be surrounded by buffers of dense tree growth and understory vegetation in all directions to create an effective year-round visual buffer. Ground-mounted personal wireless communications facilities shall provide a vegetated buffer of sufficient height and depth to effectively screen the facility. Trees and vegetation may be existing on the subject property or installed as part of the proposed facility or a combination of both. The Planning Board shall determine the types of trees and plant materials and depth of the needed buffer based on site conditions.
(10) 
Any extension, addition of cells, or construction of new or replacement facilities or transmitters requires a special permit following the same procedure as for an original grant of a special permit.
(11) 
Fencing shall be provided to control access to the facility. This fencing shall not be barbed wire or razor wire.
(12) 
The applicant shall demonstrate to the satisfaction of the Planning Board that the location is suitable and that the size and height is the minimum necessary for the purpose.
(13) 
There shall be no signs, except "no trespassing" signs and a required sign giving a phone number where the wireless communications facility owner can be reached on a twenty-four-hour basis. All signs shall conform with the sign requirements of the Norfolk Zoning Bylaw and shall be subject to review by the Design Review Board.
(14) 
Night-lighting shall be limited to that needed for emergencies and/or as required by the Federal Aviation Administration.
(15) 
Conditions of use and nonuse. All facilities and parts thereof or accessory facilities and structures which have not been used for two years shall be dismantled and removed at the applicant's expense.
(a) 
The facility and transmission shall comply in all respects with the current standards of the American National Standards Institute (ANSI) and the National Council for Radiation Protection (NCRP), whichever is stricter.
(b) 
If new technology is developed which is determined by the Planning Board to be safer and less obtrusive to the landscape, it shall be substituted.
(16) 
Performance guarantees. Insurance in a reasonable amount determined and approved after consultation at the expense of the applicant with one or more insurance companies shall be in force to cover the damage from the structure, damage from transmissions and other site liabilities. Annual proof of said insurance is to be filed with the Town Clerk.
(17) 
Operation. Monitoring, testing, and inspection shall be in accordance with the regulations of the Massachusetts Department of Public Health, 105 CMR 122, regulations governing Nonionizing Radiation Limits for: The General Public from Non-Occupational Exposure to Electromagnetic Fields, Employees from Occupational Exposure to Electro-Magnetic Fields, and Exposure from Microwave Ovens, and other requirements of the Department.
[Amended 5-10-2022 ATM by Art. 21]
(18) 
All wireless communications facility towers shall be the monopole type.
G. 
The following types of wireless communications facilities are exempt from this section of the Zoning Bylaw:
(1) 
Amateur radio towers used in accordance with the terms of any amateur radio service license issued by the Federal Communications Commission, provided that the tower is not licensed for any commercial purposes; and
(2) 
Towers used for the purposes set forth in MGL c. 40A, § 3.

§ 310-6.14 Registered marijuana dispensaries.

A. 
Purpose. The purpose of this section is to provide for the limited establishment of registered marijuana dispensaries (RMDs) within the Town of Norfolk as they are authorized pursuant to state regulations set forth in 105 CMR 725.000. Since RMDs are strictly regulated and will be limited in number by the Massachusetts Department of Public Health, the intent of this section is to permit RMDs where there is access to regional roadways and/or public transportation, where they may be readily monitored by law enforcement for health and public safety purposes, and where they will not adversely impact the character of residential neighborhoods and business districts.
B. 
Definition. "Medical marijuana treatment center" means a not-for-profit entity registered under 105 CMR 725.100, to be known as a "registered marijuana dispensary (RMD)," that acquires, cultivates, possesses, processes (including development of related products such as edible MIPs, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to registered qualifying patients or their personal caregivers. Unless otherwise specified, RMD refers to the site(s) of dispensing, cultivation, and preparation of marijuana.
C. 
Registered marijuana dispensaries are not allowed as of right. Registered marijuana dispensaries are not included within the definition of retail sales or services, agriculture, or any other lawful business permitted as of right or by special permit.
D. 
Registered marijuana dispensaries are allowed by special permit. Use of land, buildings or structures for RMDs shall be allowed only by special permit pursuant to Article 7 and located in the Adult Business and Marijuana Overlay District of the C-1c District as specified in § 310-10.3, subject to the requirements and criteria of Article 7 and this section.
E. 
Special permit application and procedure. The procedural and application requirements of Article 7 shall apply. In addition to the procedural and application requirements of Article 7, an application for special permit shall include for an RMD, at a minimum, the following information:
(1) 
Description of activities. A narrative providing information about the type and scale of all activities that will take place on the proposed site, including but not limited to cultivating and processing of marijuana or marijuana-infused products (MIPs), on-site sales, off-site deliveries, and other programs or activities.
(2) 
Service area. A map and narrative describing the area proposed to be served by the RMD and the anticipated number of clients that will be served within that area. This description shall indicate where any other RMDs exist or have been proposed within the expected service area.
(3) 
Transportation analysis. A quantitative analysis, prepared by a qualified transportation specialist acceptable to the Director of Planning and Land Use, modeling the expected origin and frequency of client and employee trips to the site, the expected modes of transportation used by clients and employees, and the frequency and scale of deliveries to and from the site.
(4) 
Context map. A map depicting all properties and land uses within a minimum 1,000 foot radius of the proposed site, whether such uses are located in Norfolk or within surrounding communities, including but not limited to all educational uses, day-care, preschool and after-school programs. The context map shall include the measured distance to all property and land used for education, day-care, preschool or after-school programs and to all houses of worship or religious use.
(5) 
Registration materials. Copies of registration materials issued by the Massachusetts Department of Public Health and any materials submitted to that Department for the purpose of seeking registration, to confirm that all information provided to the Zoning Board of Appeals is consistent with that provided to the Massachusetts Department of Public Health.
F. 
Special permit criteria. In granting a special permit for a registered marijuana dispensary, the Zoning Board of Appeals shall find that the following criteria are met:
(1) 
An RMD shall not be located within a radius of 500 feet from a school, day-care center, preschool or after-school facility or any facility in which minors commonly congregate, or from a house of worship or religious use, but may be located within a lesser distance if the Zoning Board of Appeals finds that the RMD is sufficiently buffered such that these facilities or uses will not be adversely impacted by the RMD's operation. Such distance shall be measured in a straight line from the nearest property line of the proposed RMD to the nearest property line of the facility.
(2) 
An RMD shall be properly registered with the Massachusetts Department of Public Health pursuant to 105 CMR 725.000 and shall comply with all applicable state and local public health regulations, public safety code regulations and all other applicable state and local laws, ordinances, rules and regulations. No building permit or certificate of occupancy shall be issued for an RMD that is not properly registered with the Massachusetts Department of Public Health. The RMD shall file copies of its initial certificate of registration and each annual renewal certificate with the Clerk of the Zoning Board of Appeals within one week of issuance, and shall immediately notify said Clerk if its registration is not renewed or is revoked. The RMD shall provide the Norfolk Police Department with the names and contact information for all management staff and shall immediately notify the Police Department of any changes.
(3) 
A special permit granted by the Zoning Board of Appeals, authorizing the establishment of an RMD, shall be valid only for the registered entity to which the special permit was issued, and only for the site on which the RMD has been authorized by the special permit. If the registration for the RMD is revoked, transferred to another controlling entity, or relocated to a different site, a new special permit shall be required prior to the issuance of a certificate of occupancy.
(4) 
An RMD shall be located only in a permanent building and not within any mobile facility. All sales shall be conducted either within the building or by home delivery to qualified clients pursuant to applicable state regulations.
(5) 
An RMD shall conform to the dimensional requirements applicable to the zoning district in which it is located.
(6) 
An RMD shall be subject to the number of parking spaces required in § 310-6.7 unless a lesser or greater number of spaces is required as a result of site plan review (§ 310-6.11).
(7) 
All signage shall conform to the requirements of 105 CMR 725.000 and to the requirements of § 310-6.9 of the Town of Norfolk Zoning Bylaw. No graphics, symbols or images of marijuana or related paraphernalia shall be displayed or clearly visible from the exterior of an RMD.
(8) 
An RMD's hours of operation shall not adversely impact nearby uses. The Zoning Board of Appeals may, as a special permit condition, limit the hours of operation of an RMD to mitigate any adverse impact on nearby uses.
(9) 
The site is designed such that it provides convenient, safe and secure access and egress for clients and employees arriving to and leaving from the site, whether driving, bicycling, walking or using public transportation.
(10) 
Traffic generated by client trips, employee trips, and deliveries to and from the RMD shall not create a significant adverse impact on nearby uses.
(11) 
Loading, refuse and service areas are designed to be secure and shielded from abutting uses.
(12) 
The building and site have been designed to be compatible with other buildings in the area and to mitigate any negative aesthetic impacts that might result from required security measures and restrictions on visibility into the building's interior.
(13) 
The building and site are accessible to persons with disabilities.
(14) 
The site is accessible to regional roadways and/or public transportation.
(15) 
The site is located where it may be readily monitored by law enforcement and other code enforcement personnel.
G. 
Severability. If any portion of this § 310-6.14 is ruled invalid, such ruling will not affect the validity of the remainder of the section.