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Norton City Zoning Code

ARTICLE VII

Off-Street Parking and Loading

§ 175-7.1 Space required.

No new building or structure shall be erected and no building, structure or use shall be expanded, substantially altered or changed unless permanently maintained off-street automobile parking and loading spaces have been provided in accordance with the requirements of this article. Existing parking and loading facilities or spaces shall not be eliminated, reduced or assigned to other uses so as to leave any premises without the parking or loading facilities required by this section or to reduce further inadequate existing facilities.

§ 175-7.2 Nonconforming uses.

A lawful use of building or land existing at the time of adoption of this bylaw may be expanded in accordance with other provisions of this bylaw and the number of occupants or employees located therein may be increased by not more than 25% of the number at the time of the adoption of this bylaw, even though such building or land will thereby become nonconforming or more nonconforming as regards the provision of parking required by this article.

§ 175-7.3 Design standards.

A. 
As used in this bylaw, parking space for one passenger car shall be capable of accommodating wholly within it a rectangle nine feet by 19 feet, so that no part of such rectangle projects into any aisle, driveway, buffer strip or walk.
B. 
There shall be appurtenant to each parking space an access area of such dimensions as to permit a vehicle to enter or leave the parking space without reversing its direction more than once or interfering with other vehicles or structures, including a turning space sufficient to permit a vehicle to enter the street in a forward motion without having to reverse the direction of such vehicle more than once. The clear width of access driveways shall be not less than 11 feet.
C. 
Parking spaces may be in the open or in a carport or a garage, freestanding, attached or within a building, and shall have a firm all-weather surface. For single-family residence and agricultural uses, such parking areas, including access driveways, may have a concrete or a waterbound macadam surface; for all other uses, including multifamily residences, the parking space and access driveways shall be paved with bituminous or cement concrete or an equivalent paving material acceptable to the Building Inspector, and shall include adequate drainage provisions.
D. 
Where loading facilities are required, they shall be provided in such manner as not to obstruct any parking, pedestrian or vehicular way.
E. 
The owner of the premises shall maintain the required parking and loading spaces in good condition, free of holes, dust, trash, or debris, and shall not use or permit such spaces and the accesses thereto to be obstructed or used for any other purpose.
F. 
Any parking or loading space intended to be used during the hours of darkness shall be illuminated for safety in such a way that the light is not directed onto properties and does not interfere with the driver's vision.
G. 
The required parking area shall be located on the lot which it serves in residence districts and on the lot of the same owner as the principal use served by such parking and within 500 feet of such use in all other districts.

§ 175-7.4 Residential parking requirements.

A. 
For each single-family dwelling there shall be provided not fewer than two parking spaces.
B. 
For residential uses, other than detached single-family homes, there shall be provided parking spaces at a ratio to the number of dwelling units not exceeding the ranges indicated below:
(1) 
For government-subsidized housing for low-income elderly: not less than one parking space or more than two parking spaces per dwelling unit.
(2) 
For government-subsidized housing for individuals or families of low or moderate income: not less than 1.25 parking spaces nor more than 1.75 parking spaces per bedroom or other room designed for sleeping; but in no case more than three parking spaces per dwelling unit.
(3) 
For all other multidwelling residential buildings: not less than 1.75 parking spaces per dwelling containing one bedroom or other room designed for sleeping, not less than two parking spaces per dwelling containing two such rooms, not less than 2.5 parking spaces per dwelling containing three such rooms, and not less than three parking spaces per dwelling containing four or more such rooms, but in no case more than three parking spaces per dwelling unit.
C. 
The parking spaces for uses permitted in R-80, R-60, and R-40 Districts shall not be located within the minimum required side and rear yards. Single- and two-family dwellings shall be an exception. Multifamily dwellings may have parking in the rear and front setbacks. Outdoor parking spaces for multifamily dwellings shall not be located within 20 feet of any building used for human occupancy.
D. 
Not more than one truck over 6,000 pounds' gross vehicle weight registered as a commercial vehicle shall be parked on any residential lot for more than three consecutive days or on more than 15 days in any calendar year. This shall not include repair and construction vehicles accessory to work being performed on or within such lot or the dwelling and buildings thereon when parking during the time of performing such work.

§ 175-7.5 Nonresidential parking requirements.

For all uses, other than residential uses listed in § 175-7.4 above, but including residential care and other institutions, dormitories and group quarters, and all agricultural, institutional, commercial, industrial and other uses, there shall be provided off-street parking and loading spaces in accordance with Table 7.6 below. The uses not specifically enumerated shall be deemed to be subject to the requirements applying to the generic classification of such uses and to other similar uses. In cases of new or different uses, the Building Inspector shall determine the classification within which they fall, but subject to an appeal to the Board of Appeals under the provisions of MGL c. 40A, § 13, as amended. The requirements of Table 7.6 shall apply to uses conforming to the provisions of this bylaw, to uses established under a Board of Appeals special permit or variance and to nonconforming uses consistent with §§ 175-7.1 and 175-7.2 hereof. In all instances where the minimum number of spaces required is based on the multiple of a number of persons or area in square feet, such multiple shall be interpreted as if followed by the words "or a fraction thereof."
A. 
In Commercial and Industrial Districts, several users may provide jointly the cumulative number of parking spaces required for their aggregate floor area, provided that a legal agreement assuring the availability of the required number of parking spaces for each user is executed in a form acceptable to the Town Counsel and a copy is filed with the Building Inspector. Where such joint parking is provided, joint access shall also be provided in conformance with the provisions of § 175-7.10 of this bylaw.
B. 
Whenever the number of off-street parking spaces required or provided exceeds 12, their arrangement or location shall be indicated by striping.
C. 
Landscaping for required parking lots shall comply with the requirements in § 175-18.6 of the Zoning Bylaw.

§ 175-7.6 Nonresidential parking and loading requirements.

The following parking requirements shall be used to determine parking need for all nonresidential uses. However, the Planning Board recognizes that the inflexible application of the parking standards set forth below may result in a development either with inadequate parking space or parking spaces in excess of needs. Therefore, in the case of those uses which require a special permit pursuant to § 175-4.4, Commercial uses, and § 175-4.5, Industrial uses, and for those uses which require site plan approval, the Planning Board may permit deviations from the presumptive requirements and may require more parking or allow less parking and shall determine the final number of parking spaces required based upon reference to available studies and data and, at the Board's discretion, with the assistance of qualified expert consultants.
Use Class
Including But Not Limited to the Following Uses
Minimum Number of Off-Street Parking Spaces to Be Provided
Farming
Agriculture, arboriculture, horticulture, plant nurseries, dairy and other animal farms
At least 5 spaces in addition to the number required for dwelling and retail sales uses
Residential care and public assembly
Camps for adults or families, convents, homes for the aged, hospitals, nursing and convalescent homes, penal and correctional institutions, and sanitariums, commercial recreational facilities, fraternal lodges, hotels and motels, places of worship, private clubs, sports facilities and indoor theaters
At least 1 space for each 2 beds or 2 persons of rated or design capacity; in the absence of a design capacity, 1 space for each 100 square feet of floor area or fraction thereof
Non-public primary schools
Nursery, kindergarten, elementary or junior high schools, schools for students mostly under 16 years of age
At least 1 space for each eight students of design capacity or actual enrollment, whichever is greater, but not fewer than 5 spaces
Non-public secondary and occupational schools
High schools, universities, colleges, business, trade, vocational, and other schools for students mostly 16 years of age or older
At least 2 spaces for each 3 beds of rated capacity or dormitories or other sleeping quarters for live-in schools and 1 space for each 3 students of design capacity or enrollment, whichever is greater over or above the live-in capacity
Office, stores, services
Administrative, business, professional and public offices; department and retail stores, except those listed under special uses; craftsmen, tradesmen, dry-cleaning, laundry and other personal service establishments, clinics and medical laboratories, kennels and veterinary hospitals; other retail and customer services not listed below
At least 1 space for each 200 square feet of floor area devoted to commercial uses or offices. This requirement shall apply to office and customary home occupations permitted in a dwelling and shall be in addition to the required residential parking spaces.
Special uses
Eating, drinking places, restaurants, theaters and night clubs
1 space for every 4 seats determined by the seating capacity of the establishment
Food, grocery supermarkets, roadside stands, funeral homes, retail farm outlet, auto repair garages and service stations
1 space for every 100 square feet of floor area open to customers, visitors and the public, or used for sales or customer service
Cultural institutions, financial institutions, retail of bulky items
Art galleries, libraries and museums; appliance, automotive, furniture, rug or tire sales; banks and financial institutions; bakeries and printing shops; dealers in boats, fuel, grain, lumber
At least 1 space for each 400 square feet of floor area open to customers, visitors, the public or used for sales or customer services
Industrial and manufacturing uses
Research and development laboratories and other manufacturing and processing plants, including the space therein used for offices and storage
At least 1 space for each 800 square feet of floor area
Warehouses
Warehouses, storage and distribution facilities involving no sales or customer services on the premises, freight terminals
At least 1 space for each 3,000 square feet of floor area

§ 175-7.7 Special permits for reduced requirements.

If it can be demonstrated to the satisfaction of the Board of Appeals that the land needed to provide the number of parking spaces specified in Table 7.6 for a particular building or use is available, but that such number of parking spaces is not currently required, the Board of Appeals may, after a duly advertised public hearing as provided for in § 175-10.3, grant a special permit for a period not to exceed three years to reduce the paved area and the number of parking spaces provided to not less than 50% of the requirements in Table 7.6. Such special permit may be reapplied for and renewed in the same manner as originally issued, if use conditions warrant.

§ 175-7.8 Storage of junk vehicles.

The parking outdoors of more than one unregistered, unserviceable or wrecked or partially dismantled automobile, or the accumulation in the open of discarded automobile parts or other items not used by the occupant is specifically prohibited, except where accessory to a permitted automobiles sales or repair business and limited to the number of parking spaces available to the lot pursuant to § 175-7.3.

§ 175-7.9 Parking for multiple uses.

Where a lot or a building is used for several purposes having different off-street parking requirements according to Table 7.6, the parking requirement for each use or component of use may be calculated separately on the basis of its capacity or floor area, as applicable, specified in Table 7.6 for such use, and the several parking requirements added together to establish the total number of parking spaces to be provided.

§ 175-7.10 Commercial Districts.

A. 
In a Commercial District, adjoining parcels may combine in the use of drives and access to two for every three buildings of any area of 2,000 square feet or greater or every 500 feet wherever possible. Said drive and subsequent shared parking areas may be deeded as common by easement.
B. 
Entrance and exits points — driveways.
(1) 
No more than two driveways shall be allowed on any street frontage unless such frontage exceeds 500 feet, in which case more driveways may be authorized by a variance from the Board of Appeals. In the case of smaller lots, the Board of Appeals may authorize a smaller distance between driveways, not to be less than 100 feet to any driveway on any adjoining lot. No driveway shall be closer than 60 feet to any street intersection.
(2) 
Driveway widths shall fall within the following limits:
(a) 
Commercial driveway widths:
[1] 
One-way: 11 feet to 20 feet.
[2] 
Two-way: 22 feet to 30 feet.
(b) 
Industrial driveway widths:
[1] 
One-way: 22 feet to 30 feet.
[2] 
Two-way: 50 feet.
(3) 
In an industrial use, the driveway into the property will be twice the length of the longest trailer in use or 66 feet. Said driveway shall be defined by curb and landscaped areas, and any gate shall be set back the length of the drive.
(4) 
Notwithstanding the above driveway requirements, the Planning Board recognizes that the inflexible application of such requirements may result in a development that is less than optimal. Therefore, in the case of those uses which require a special permit pursuant to § 175-4.4 Commercial uses, and § 175-4.5 Industrial uses, and for those uses which require site plan approval, the Planning Board may permit deviations from the presumptive driveway requirements based upon reference to available studies and data and at the Board's discretion, with the assistance of qualified expert consultants.
[Added 5-15-2019 ATM by Art. 18]
C. 
Parking lots may contain visual relief from vast expanses of unbroken blacktop. In parking areas exceeding one quarter acre parking area, said divider shall be landscaped with trees expected to attain a lowest branch height of six feet and shrubs expected to attain a height of two feet, provided that visual space is reserved. Measures shall be taken to prevent erosion and protect the vegetation on these islands.
D. 
Parking spaces and turnaround areas shall conform to §§ 175-7.3, 175-7.5 and 175-7.6 of this article.
E. 
Loading areas as required by this Article (§ 175-7.1) shall be defined by painted markings and shall provide sufficient space for large trucks to turn around without having to back more than once in maneuvering in and out of the loading area. Drives to the loading area may be held in common with those to parking areas, provided that they are of the maximum width for the drive.

§ 175-7.11 Design review.

All parking areas greater than one quarter acre in area shall be referred to the Planning Board by the Building Inspector for design review prior to the construction of buildings.