The special permit granting authority may issue a special permit and site plan approval for the removal of sand, gravel, loam, sod or other earth materials from any property within the Town of Palmer in accordance with the Rules and Regulations for the Development, Operation and Closeout of Earth Removal Operations as adopted and amended by the SPGA.

An earth products excavation operation will only be permitted on those lots considered by the Planning Board to have suitable access onto roads of sufficient width and capacity to support maximum projected loads.

No permit for an earth products excavation operation shall be issued if such an operation will, in the opinion of the Planning Board, cause any of the following:

Any earth products excavation operation is subject to special permit and site plan approval as well as to the Rules and Regulations for the Development, Operation and Closeout of Earth Removal Operations as adopted and amended by the SPGA.

On-site crushing will not be allowed in any residential district except under the following circumstances, and only when all of the following can be met:

On-site screening will not be allowed in any residential district except under the following circumstances, and only when all of the following can be met:

The removal of less than 500 cubic yards of material in the aggregate in any year from any one lot.

The transfer of material from one part of a lot to another part of the same lot.

The removal of material necessarily excavated in connection with lawful construction of a building, structure, street, driveway, sidewalk, path or other appurtenance, provided the quantity of material removed does not exceed that actually displaced by the portion of such building, structure, street, driveway, sidewalk, path or other appurtenances below finished grade.

Noncommercial earth products excavation as described below shall conform to the requirements set forth in Subsection C below.

The Planning Board may issue a special permit for earth removal to homeowners within the Town of Palmer when the undertaking of such operation is necessary to make the yard more usable, safer and/or aesthetically pleasing. An earth products excavation operation will only be permitted on those lots considered by the Planning Board to have suitable access onto roads of sufficient width and capacity to support maximum projected loads.

No permit for an earth products excavation operation shall be issued if such an operation will, in the opinion of the Planning Board, cause any of the following:

Any noncommercial earth products excavation operation is subject to special permit and site plan approval as well as to the following conditions:

Existing and proposed contour lines at intervals of not more than two feet resulting from the proposed filling in, in relation to the topography of the premises.

A tie-in to the nearest road intersection.

A plan for lighting if night operation is contemplated.

A filling-in operation which does not exceed a total of 500 cubic yards of material.

A filling-in operation which does not exceed a total area of 10,000 square feet on any lot, land parcel or subdivision thereof.

A filling-in operation which is associated with acceptable agricultural land management practices, including, but not limited to, plowing and construction of agricultural structures; nursery operations, such as the removal and/or transplanting of cultivated sod, shrubs, and trees; logging operations.

Filling-in operations associated with refuse disposal and sanitary landfill facilities within the Town of Palmer and operated in accordance with all appropriate state and local regulations.

Filling-in operations necessary in connection with lawful construction of a building, structure, street, driveway, sidewalk, path or other appurtenance.

Filling, as a maintenance measure, or for landscaping purposes on existing developed lots or parcels, provided that the aggregate of area(s) affected does not exceed 10,000 square feet, the grade change does not exceed 12 inches at any point and does not alter the drainage patterns, and the filling-in does not involve a quantity of material in excess of 100 cubic yards.

The premises and surrounding area within 100 feet showing the area to be filled in, property lines within which the filling is proposed, and tie-in to the nearest road intersection, existing and proposed contour lines at intervals of not more than two feet resulting from the proposed filling in, in relation to the topography of the premises.

The location of any buildings, structures, utilities, sewers, water and storm drains within 100 feet of the site.

A certification of the quantity of fill involved.

Detailed plans of all temporary and permanent drainage provisions, retaining walls, cribbing, vegetative practices, erosion and sedimentation control measures and all other protective measures and devices utilized or constructed in connection with the area to be filled.

A timing schedule and sequence indicating the anticipated starting and completion dates.

Other plans, drawings or materials as may be required by the Building Inspector or the Planning Board.

Provision shall be made for adequate temporary and permanent drainage of the site.

Fills shall be limited to terrace fills which are not to exceed 10 feet at any one time nor be within 10 feet of an adjacent property line or cut.

Regrading of all or parts of the slopes resulting from such fill shall be carried out.

At least three inches of topsoil shall be replaced over all filled or otherwise disturbed surfaces seeded or sodded with a perennial cover crop, reseeded or resodded as necessary to assure uniform growth and soil surface stabilization.

Where any fill will have a depth of 10 feet or more and create a slope of more than one vertical in two horizontal, there shall be a substantial fence enclosing the fill at least six feet in height with suitable gates. Such fence shall be located 10 feet or more from the edge of the fill.

Filling of land area that falls within the superimposed Water Supply Protection District is prohibited unless otherwise allowed in Article XIV.

The planned filling in of any land area shall be consistent with any recreation, conservation and open space plan as prepared by the Town Planning Board and/or Conservation Commission.

Documentation shall be submitted as to the effect of such filling-in activities on drainage, both within the immediate area and sufficiently far downstream, as required by the Building Inspector and/or the Planning Board.

Provisions shall be made such that the filling in of any land area shall not impair surface drainage, constitute an erosion hazard nor act as a source of sedimentation to any adjacent land or watercourse.

Provisions shall be made such that the filling in of any land area does not impair the safe and efficient operation of any on-site sewage disposal or drainage facilities nor those located on adjacent properties.

Provisions shall be made to reduce the area and duration of exposure of fill material(s) and to reduce the velocity of run-off, both during and after the completion of the filling-in activity, in order to minimize the potential of soil erosion and siltation problems.

Provisions shall be made for the adequate control of dust during filling-in operations.

All disturbed fill areas shall be promptly seeded or sodded with a suitable ground cover and supplemented with other suitable plantings as soon as the season permits.

No final slopes shall exceed a slope of more than one foot vertical in four feet horizontal.

No filling in of land shall cause or permit any soil, earth, sand, gravel, rock, stone, loam, or other fill material, or water or liquid to be deposited upon or to roll, flow or work upon or over the premises of another without the express consent of the owner of such premises so affected; nor shall any filling in of land cause or permit any soil, earth, sand, gravel, rock, stone loam, or other fill material or water or liquid to be deposited, or to roll, flow, or wash upon or over any public street, street improvement, road, sewer, storm drain, watercourse, or right-of-way, or public property.

Such other conditions as may be deemed necessary and reasonable shall be imposed by the Planning Board in order to prevent damage to public or private property or any sewer, storm drain, or watercourse, or to prevent the filling in of land from being conducted in a manner hazardous to life or property, or in a manner likely to create a nuisance.[1]

Two-foot contours on the parcel and within 50 feet thereof.

The location and dimensions of all buildings, structures, and exterior use areas, including all parking areas and driveways.

The location of buffer strips, screening provisions (with details attached), and areas to be preserved in a natural state, all these to be sufficient to preclude visibility of the uses and structures from adjoining parcels.

Such other facts as the Town Manager may require.

The home occupation must be clearly incidental and secondary to the use of the building or property for residential/dwelling purposes.

It must be conducted by the principal practitioner who occupies the main building as his/her bona fide residence, with no more than one other person engaged in the occupation except members of the immediate family also residing in such building.

It must not occupy more than 40% of the gross combined floor area of the main building and the accessory structure (if such accessory structure is utilized for said home occupation).

One sign may be displayed advertising the home occupation, provided:

Goods may only be offered for sale from the premises if the Planning Board expressly permits it in the issued special permit.

All goods sold must be produced or manufactured on the premises, or must be an accessory item to such goods, or to the services provided on the premises.

The hours of operation shall be expressly stated in the special permit issued by the Planning Board.

The hours and frequency of deliveries of products and/or materials shall be expressly stated in the special permit issued by the Planning Board.

If said home occupation takes place in an accessory structure:

It shall produce no noise, obnoxious odors, vibrations, glare, fumes or electrical interference which would be detectable to normal sensory perception beyond the lot line.

The portion of any structure utilized for a home occupation shall conform to all applicable fire, building, electrical, plumbing and health codes.

Prior to the commencement of any home occupation, a certificate of occupancy must be received from the Building Inspector for any structure, or portion thereof, used for said occupation.

Allow nonconforming situations to continue until they are discontinued or abandoned.

Encourage change in nonconforming situations towards greater compliance with the provisions of this chapter and to reduce the degree of nonconformity. Where a nonconforming situation is proposed to be changed, to encourage greater conformity with all the provisions of this chapter and the objectives and procedures stated in this chapter.

To allow for the alteration, expansion or extension of a nonconforming use, subject to the issuance of a finding by the Planning Board or Zoning Board of Appeals as specified. Nonconforming uses in residential zones shall be subject to more restrictive standards than those in nonresidential zones.

To permit possible expansion of nonconforming buildings, provided there are no demonstrable adverse impacts on the adjoining properties.

In the event of the involuntary destruction in whole or part of a nonconforming situation, to permit the reconstruction of the nonconforming situation so that the owner, and tenants, if any, are not subjected to substantial economic loss while, at the same time, seeking to achieve greater conformity with the provisions of this chapter and to reduce any adverse impact on the surrounding area.

To permit the treatment of nonconforming situations to be varied by the type of zoning district and the type of nonconformity; i.e., to have a different approach for uses, structures, and parking lots.

Nonconforming situations. For the purpose of this chapter, "nonconforming situations" are those uses, buildings, structures, parking lots, parking spaces, loading bays, signs, landscaping and other activities that are now subject to the provisions of this chapter which were lawful before this chapter was adopted, or before amendments to this chapter which are applicable to the situation were adopted, and such situations do not now conform to the provisions of this chapter.

Noncomplying situations. For the purposes of this chapter, "noncomplying situations" are those uses, buildings, structures, lots, parking spaces, loading bays, signs, landscaping and other activities that are subject to the provisions of this chapter which were unlawfully created after this chapter was adopted or after amendments to this chapter which are applicable to those situations were adopted, and are in violation of this chapter and may be called "noncomplying situations."

Noncomplying situations six years or older. In accordance with MGL c. 40A, § 7, any structure, or part thereof, which has been improved and used in accordance with the terms of a building permit issued by a duly authorized person may not be the subject of an enforcing action by the Town to compel the removal, alteration or relocation of said structure, or the abandonment, limitation or modification of the use allowed by said permit, unless enforcement action is commenced within six years from the date of the alleged violation of law. Uses and structures in existence for six years or more and which qualify under this section are considered to be nonconforming situations and are entitled to treatment as such, as provided in this section.

Noncomplying structures 10 years or older. In accordance with MGL c. 40A, § 7, any structure, or part thereof, which has not been in compliance with this chapter, or the conditions set forth in any special permit or variance affecting the structure, may not be the subject of an enforcement action by the Town unless enforcement action is commenced within 10 years from the date of the alleged violation of law. Structures in existence for 10 years or more and which qualify under this section are considered to be nonconforming situations and are entitled to treatment as such, provided that any proposed change, alteration or extension will not affect the noncomplying conditions. Any change, alteration or extension of the noncomplying condition shall be subject to the provisions of the chapter and require that form of relief which would otherwise be necessary to allow said change, alteration or expansion.

It was in existence on June 16, 1980, when the zoning ordinance was originally adopted; or

Subsequent to June 16, 1980, it was permitted by the zoning ordinance either by right or by special permit and was in existence prior to the effective date of any amendment which rendered it nonconforming.

A nonconforming use or structure or other nonconforming situation is considered to be discontinued or abandoned whenever:

Discontinuance or abandonment of a part of a nonconforming use, structure or situation shall not normally be considered to be evidence of discontinuance or abandonment of the whole, unless that part which is discontinued or abandoned is the part which causes the nonconformity.

The rights of a nonconforming use, structure, building, lot, parking space, loading bay, sign, landscaping or other situation are not affected by a change in ownership, tenancy or management unless such ownership, tenancy or management is specifically a condition of the issuance of the permit.

Nonconforming uses. An existing nonconforming one-family or two-family owner-occupied dwelling or structure accessory thereto which is nonconforming with respect to use may be enlarged or extended for use for the same purpose, provided that a finding is issued by the Zoning Board of Appeals (ZBA) that the extension or enlargement is not substantially more detrimental to the neighborhood than the existing use.

Nonconforming structures. An existing nonconforming one-family or two-family dwelling or structure accessory thereto which is nonconforming with respect to minimum setbacks may be enlarged or extended in any other direction in compliance with this chapter, or in any other direction without encroaching any further than the original nonconformity, by the issuance of a building permit. That part of an existing nonconforming dwelling which is nonconforming only with respect to a minimum setback and/or density requirements of this chapter may not be enlarged or extended in that setback or requirement, except by a finding issued by the Zoning Board of Appeals (ZBA) that:

Nonconforming uses. A nonconforming use may be continued to the same degree and for the same purpose. An existing nonconforming use may be altered, expanded or extended for use for the same purpose or changed for use for a different purpose, provided that a finding is issued by the Planning Board as specified in the following sentence. The Planning Board may grant a finding for alteration, change, expansion or extension of a nonconforming use, provided that the Board determines that the alteration, change, expansion or extension is not substantially more detrimental than the current use.

Nonconforming structures.

Existing nonconforming parking spaces, loading bays.

The degree of proposed nonconformity is not substantially more detrimental to the neighborhood than the existing nonconformity, with particular consideration of abutting properties;

The site coverage of the dwelling within that minimum setback is not increased to an extent so as to be substantially more detrimental to the neighborhood than the existing nonconformity, with particular consideration of abutting properties; and the Board determines that the extension or enlargement is appropriate in scale and mass for the neighborhood, with particular consideration of abutting properties; and

The Board determines that the extension or enlargement is appropriate in scale and mass for the neighborhood, with particular consideration of abutting properties.

A use, building, structure, lot, sign, parking space or loading bay or other situation which would comply with the provision of this chapter at the time at which a building permit is issued or a special permit is granted, but would not comply with a proposed amendment to this chapter, shall be considered to be nonconforming and may be completed, continued, or maintained, provided the building permit was issued or the special permit was granted before the first publication of notice of public hearing of the proposed amendment, and substantial physical construction or start of operations is begun within 12 months of the issuance of the building permit or the grant of a special permit and is carried through to its completion as continuously and expeditiously as is reasonable. If the construction is not completed within 18 months of the issuance of the building permit or the grant of the special permit, the rights to nonconforming status shall cease and the construction shall comply with this chapter, as amended.

The filing of an application for either a building permit or a special permit is not sufficient to vest rights. The building permit must be issued or the special permit must be granted prior to such first publication of notice.

In the event of the filing and subsequent approval of a definitive subdivision plan, an exemption from an amendment to this chapter and a right to be treated under the previously existing provision of this chapter may be vested, as set forth in MGL c. 40A, § 6.

In the event of the filing and subsequent endorsement of an "Approval Not Required" plan, referred to in MGL c. 41, § 81P of the Subdivision Control Law (MGL c. 41, §§ 81K through 81GG), an exemption from an amendment to this chapter affecting the use of land only and a right to be treated under the previously existing provisions of this chapter may be vested, as set forth in MGL c. 40A, § 6.

In the event that rights have been vested under a previous version of the zoning ordinance, an owner may proceed as if that version of the zoning ordinance applied to his/her property and he/she may use the most current versions of the zoning ordinance, but must use either version of the zoning ordinance fully and cannot select provisions of both versions.

The owner of land may permit occupancy of said land by a nonpaying guest for a period not exceeding 20 days in a calendar year.

A trailer may be occupied by the owner of a lot or tract of land as a temporary dwelling incidental to the construction of a home. In no case shall the trailer be occupied for more than one year, during which time the construction of the permanent dwelling is to be completed and the dwelling occupied.

A mobile home already legally existing on a lot within the Town of Palmer may be replaced in accordance with the regulations of the Town of Palmer, provided that the replacement mobile home meets or exceeds the value of the mobile home already existing on the lot.

Only one trailer or mobile home shall be placed on a lot.

The lot or tract of land on which the trailer is to be located shall contain a minimum of 20,000 square feet, with a minimum of 100 feet frontage on a public way (or in the case of the existing mobile home park a private way within the park).

The trailer shall be set back at least 70 feet from the center line of a public way or private way on which the trailer is located.

No trailer or mobile home shall be located within 50 feet of an existing building or dwelling.

A tract of land or a lot shall mean any parcel, regardless of its size, which is owned under single deed.

Shared use.

Telecommunication towers are prohibited within existing Town and National Register Historic Districts, as well as along designated scenic roads, and if the Planning Board determines that the proposed location is within and will seriously degrade scenic view areas.

The lot upon which a telecommunication tower is proposed must meet the minimum lot area requirements for the zoning district within which the lot is located.

The tower and/or antenna shall be erected to the minimum height necessary to satisfy the technical requirements of the telecommunication facility. Documentation of the minimum height needed, prepared by a professional telecommunication systems engineer, shall accompany the application for a special permit. Such documentation may include propagation modeling and/or test results.

All new structures must meet the minimum setback requirements for the zoning district within which the subject lot is located, or be set back from all property lines a distance equal to 105% of the height of the structure, whichever is greater. Guy anchors shall also meet the minimum setback requirements for the respective zone.

Towers and antennas shall be of subdued, nonreflective color which shall blend with its surroundings.

In addition to other applicable buffer area requirements of this chapter, landscape buffers shall be required around the perimeter of all structures, including guy anchors. Such landscape buffers shall include evergreen trees planted of sufficient height and planted at a sufficient distance to provide visual screening as determined during the site plan review process.

Signal lights or illumination shall not be permitted unless required by the Federal Communications Commission or the Federal Aviation Administration.

No advertising or signage, other than warning signs, shall be permitted on any tower.

All unused communication towers shall be removed within 12 months of cessation of use. In the event that an unused tower is not removed within 12 months of cessation of use the tower and associated facilities may be removed by the Town and the cost of removal assessed against the property. As a condition of special permit and site plan approval, the Planning Board may require a bond to insure removal of abandoned towers.

No new or existing telecommunication service shall interfere with public safety telecommunications or with any existing television or radio signal. All applications for facilities under this regulation shall be accompanied by a study which provides a technical evaluation of existing and proposed transmissions and indicates all potential interference problems.

Satellite dishes under 10 feet in diameter are exempt from this regulation when ground-mounted or located on an existing building.

The minimum lot area shall be five acres for large-scale conference facilities and 15 acres for large-scale entertainment facilities (or a combination facility).

Public water and public sewer shall serve the site.

All structures and outdoor activities shall be located a minimum of 100 feet from any property line.

The maximum height of any structure shall not exceed that allowed in the applicable zone, except where, for each additional foot of setback from all property lines, an additional one foot of height may be achieved, to a maximum of 150 feet, except as noted hereafter; any structure proposed over 100 feet in height must be so noted in the special permit application, which shall be accompanied by a detailed visual impact analysis to determine whether or not the proposed structure would be widely seen and be a negative impact on the Town's landscape or on the neighborhood in which it will be located. Structures judged to have a negative impact shall not be approved by the Planning Board.

The minimum lot width and depth shall be 400 feet. Because of the large number of visitors that may be attracted, these facilities shall be located where primary access to and from the site is via arterial streets or state highways. The special permit application shall be accompanied by a detailed traffic study which projects how much traffic will be generated on both a daily and peak-hour basis and probable travel routes to the site.

In approving the plan, the Board may approve waivers of Article XVIII, Off-Street Parking and Loading, in terms of the number of spaces required, the location of spaces, and the surfacing of spaces, depending upon the type and scale of the proposed use, as long as the Board finds that the waiver will be consistent with public safety and convenience.

The proposed facility shall not produce noise levels that will negatively impact upon existing residential neighborhoods. This includes noise produced by the use or activity itself, from the participants or visitors to the site, from loudspeakers, or from any other source at, or associated with, the facility. The Board may require a noise projection study to be performed or submitted. In general, no facility shall emit noise beyond the boundaries of the subject property which will be received by residentially used or zoned land that exceeds 70 dBA during the day or 50 dBA after 10:00 p.m. and before 7:00 a.m. The Board may limit hours of operation of a use in the interest of minimizing or eliminating nighttime noise.

Outdoor lighting at the proposed facility shall not spill over beyond the site's property boundaries and shall be the minimum intensity necessary to adequately and safely light the facility, its parking lot and its access drives.

The maximum size of a freestanding sign shall not exceed 100 square feet. No flashing signs, neon lighting or signs that are lit from within shall be permitted. All lighting must be exterior-lit white light only. All other requirements of Article XVII, Signs, shall apply.

A landscaped buffer with a minimum width of 75 feet shall be provided along all property lines. The Board may require an increased buffer based upon the size, intensity and location of the facility. A detailed buffer plan must be submitted with the application for special permit and site plan approval. All requirements of Article XVI, Landscaping, Screening and Buffers, must be adhered to.

Create new housing units while respecting the look and scale of single-dwelling neighborhoods;

Increase the housing stock of existing neighborhoods in a manner that is less intense than alternatives;

Allow more efficient use of existing housing stock and infrastructure;

Provide a mix of housing that responds to changing family needs and smaller households;

Provide a means for residents, particularly seniors, single parents, and families with grown children, to remain in their homes and neighborhoods, and obtain extra income, security, companionship and services; and

Provide a broader range of accessible and more affordable housing.

Purpose. Standards for creating accessory dwelling units address the following purposes:

Generally. The design standards for accessory dwelling units are stated in this section. If not addressed in this section, the base zone development standards apply.

Creation. An accessory dwelling unit may only be created through the following methods:

Other uses. An accessory dwelling unit is prohibited in a house with a home occupation except when the accessory dwelling is for a family member.

Location of entrances. Only one entrance to the house may be located on the front facade of the house, attached house, or manufactured home facing the street, unless the house, attached house, or manufactured home contained additional front-door entrances before the conversion accessory dwelling unit was created. An exception to this regulation is entrances that do not have access from the ground, such as entrances from balconies or decks.

Purpose. The parking requirements balance the need to provide adequate parking while maintaining the character of single-dwelling neighborhoods and reducing the amount of impervious surface on a site. More parking is required when a vacant lot is being developed because, generally, the site can more easily be designed to accommodate two parking spaces while minimizing impervious surface. In the Village Center Districts, where an accessory dwelling unit is being added to a site with an existing dwelling unit, it may be permissible to not require additional impervious surface if adequate on-street parking is available, such as in a municipal lot.

The following parking requirements apply to accessory dwelling units. All parking must meet the requirements of Article XVIII, Off-Street Parking and Loading.

Exterior finish materials. The exterior finish material must be the same as or visually match in type, size and placement the exterior finish material of the house, attached house, or manufactured home.

Roof pitch. The roof pitch must be the same as the predominant roof pitch of the house, attached house, or manufactured home.

Trim. Trim on edges of elements on the addition must be the same in type size and location as the trim used on the rest of the house, attached house, or manufactured home.

Windows. Windows must match those in the house, attached house, or manufactured home in proportion (relationship of width to height) and orientation (horizontal or vertical).

Eaves. Eaves must project from the building walls the same distance as the eaves on the rest of the house, attached house, or manufactured home.

Accessory use. A bed-and-breakfast facility must be accessory to a household living use on a site. This means that the individual or family who operates the facility must occupy the house as their primary residence. The house must be at least five years old before a bed-and-breakfast facility is allowed.

Maximum size. Bed-and-breakfast facilities are limited to a maximum of five bedrooms for guests.

Employees. Bed-and-breakfast facilities may have nonresident employees for the lodging activity, such as booking rooms and food preparation, if approved as part of the special permit. Hired service for normal maintenance, repair and care of the residence or site, such as yard maintenance, may also be approved. The number of employees and the frequency of employee auto trips to the facility may be limited and/or monitored as part of a special permit approval.

Commercial meetings. Activities including luncheons, banquets, parties, weddings, meetings, charitable fund-raising, commercial or advertising activities, or other gatherings for direct or indirect compensation, are prohibited at a bed-and-breakfast facility.

Private social gatherings. Private social gatherings for 10 or fewer guests are allowed without limit as part of a normal household living use at the site. All participants in the social gathering are counted as guests except for residents.

Historical landmarks. A bed-and-breakfast facility which is located in an historical landmark and which receives special assessment from the state may be open to the public for four hours one day each year. This does not count as either a commercial meeting or a private social gathering.

Development standards. Bed-and-breakfast facilities must comply with the development standards of the base zone and overlay zone as applicable.

Appearance. Residential structures may be remodeled for the development of a bed-and-breakfast facility. However, structural alterations may not be made which prevent the structure being used as a residence in the future. Internal or external changes which will make the dwelling appear less residential in nature or function are not allowed. Examples of such alterations include installation of more than three parking spaces within the front yard setback, paving of required setbacks, and commercial-type exterior lighting.

Signs. Signs must meet the requirements of Article XVII, Signs, § 171-80C, Signs permitted in any R District.

Facilities without a revocable permit. Bed-and-breakfast facilities that were operating before the date of adoption of this section and which did not receive a permit may continue to operate as an approved use if the operator can show proof that the operation was established prior to that date. The requirements for verification are listed below.

Alterations and expansions. The approved conditional use status provided for in Subsection J(1) above applies only to the number of bedrooms and size of facility that existed on the date of adoption of this section. Any expansions of building area or alterations that increase the intensity of the facility are not allowed unless approved through a site plan approval as provided in Article V.

Reduce noise, lighting, air pollution and visual impacts on abutting uses, particularly residential uses;

Promote safer and more efficient on-site vehicular and pedestrian circulation;

Reduce conflicts between queued vehicles and traffic on adjacent streets.

Uses. The regulations of this section apply to all uses that have drive-through facilities.

Site development. The regulations of this section apply only to the portions of the site development that comprise the drive-through facility. The regulations apply to new developments, the addition of drive-through facilities to existing developments, and the relocation of an existing drive-through facility. Drive-through facilities are not a right; the size of the site or the size and location of existing structures and abutting structures may make it impossible to meet the regulations of this section. In addition, drive-through facilities must comply with all other requirements of the base zone and/or overlay zone in which the property is located.

Parts of a drive-through facility. A drive-through facility is composed of two parts: the stacking lanes and the service area. The stacking lanes are the space occupied by vehicles queuing for the service to be provided. The service area is where the service occurs. In uses with service windows, the service area starts at the service window. In uses where the service occurs indoors, the service area is the area within the building where the service occurs. For other development, such as gas pumps, air compressors, and vacuum cleaning stations, the service area is the area where the vehicles are parked during the service.

Abutting an R Zone. Service areas and stacking lanes must be set back 30 feet from all lot lines which abut R Zones. The setback must be landscaped to at least the standard as stated in Article XVI, Landscaping, Screening and Buffers.

Abutting a B, I or VC Zone. Service areas and stacking lanes must be set back 20 feet from all lot lines which abut B, I or VC Zones. The setback must be landscaped to at least the standard as stated in Article XVI, Landscaping, Screening and Buffers.

Abutting a street. Service areas and stacking lanes must be set back 50 feet from all street lot lines. The setback must be landscaped to at least the standard as stated in Article XVI, Landscaping, Screening and Buffers.

These regulations ensure that there is adequate on-site maneuvering and circulation areas, ensure that stacking vehicles do not impede traffic on abutting streets, and that stacking lanes will not have nuisance impacts on abutting residential lands.

Stacking lane design and layout. Stacking lanes must be designed so that they do not interfere with parking and vehicle circulation.

Stacking lanes identified. All stacking lanes must be clearly identified through the use of means such as striping, landscaping, and signs.

Purpose. The special development standards in the HB and I Zones are intended to allow self-service storage facilities to locate on certain sites in these zones where they can be close to the residential and business uses that they serve. At the same time, the development standards direct their location to sites that do not have major frontage on commercial streets. This prevents large sections of the commercial streets from being developed with uses that have extremely low activity levels which detract from the vitality and desired interaction among commercial uses in the area. This also allows them to locate on odd-shaped or infill sites that are difficult to develop for many commercial uses.

Storage areas. The maximum size of individual storage areas (each individual storage unit within the building) in HB and I Zones is 500 square feet.

Internal circulation. The internal circulation between buildings must be adequate to provide access for emergency vehicles.

Parking. For parking requirements see Article XVIII, Off-Street Parking and Loading.

Outside storage. Outside storage shall be prohibited. Any large exterior parking stalls for boats, campers, etc. shall be to the rear of the property and adequately screened so as not to be visible from the street or abutting properties.

Purpose. Design review is required for new buildings in the HB and I zones to ensure that the development has a high design quality appropriate to the designed character of the zone and to avoid the monotonous look of many industrial-style buildings. These design guidelines are used to review new self-service storage uses in the HB and I Zones. In addition to all other required plans, an elevation and facade plan must be submitted at the time of application for a special permit/site plan approval.

Building and roof design. The building and roof are designed to be compatible with surrounding development, especially nearby residential uses. Considerations include design elements that break up long, monotonous building or rooflines and elements that are compatible with the desired character of the zone.

Building materials. The materials used for buildings, roofs, fences and other structures are compatible with the desired character of the zone and are visually pleasing, especially near residential uses.

Street facades. The design and layout of the street side of the site provide a varied and interesting facade. Considerations include the use of setbacks, building placement, roof design, variations in building walls, fencing, other structural elements, and landscaping.

Landscaping. The landscaping on the site provides appropriate transition from public to private spaces, separates and buffers the buildings from other uses, especially abutting residential uses, and provides visual relief from stark, linear building walls.

Fencing. Any proposed fencing is designed to be compatible with the desired character of the area and is especially sensitive to abutting residential uses. Use of rolled razor wire or barbed wire is discouraged.

Security. The perimeter of the site is designed to provide adequate security for both the site and abutting sites. Considerations include fence and wall materials and placement, type and placement of landscaping, including thorny plants.

Prohibiting the dissemination of sexually explicit materials to minors at the locus;[1]

Requiring the applicant or owner of the premises to display sexually explicit materials or sexually explicit paraphernalia in such a way as to prevent minors from viewing them;

Conditioning the continued validity of the permit on compliance with its conditions and requiring its revocation after hearing with notice to interested parties if the grantee violates the conditions of the permit;

Expressly granting the permit for the personal use of the applicant only rather than as a grant to the locus; and

Limiting the duration of the permit and the operating hours of the establishment.