Raynham City Zoning Code
ARTICLE 6
Regulations
§ 350-6.1 General regulations.
A.
No building or structure shall be constructed and no building, structure, or land, or part thereof shall be used for any purpose or in any manner other than for one or more of the uses herein set forth as permitted in the district in which such building, structure, or land is located or set forth as permissible by special permit in said district so authorized.
B.
A public garage, service station, gasoline-selling station, or motor vehicle repair shop shall not have in excess of three unregistered motor vehicles or dismantled vehicles stored in the open. Persons licensed under MGL c. 140, § 58, are excluded from this subsection.
[Added 2-12-1990 STM]
§ 350-6.2 Nonconforming uses, structures and lots.
[Amended 5-15-2000 ATM; 10-27-2014 STM]
A.
Applicability. This Zoning Bylaw, or any amendment to this Zoning Bylaw, as the case may be, shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing required by MGL c. 40A, § 5, at which this Zoning Bylaw or any amendment, as the case may be, was adopted. Such prior, lawfully existing nonconforming uses and structures may continue, provided that no modification of the use or structure takes place, unless authorized hereunder, but this Zoning Bylaw, or any amendment to this Zoning Bylaw, as the case may be, shall apply to any change or substantial extension of such use, to a building or special permit issued after the first notice of said public hearing, to any reconstruction, extension or structural change of such structure and to any alteration of a structure begun after the first notice of said public hearing to provide for its use for a substantially different purpose or for the same purpose in a substantially different manner or to a substantially greater extent, except where alteration, reconstruction, extension or structural change to a single- or two-family residential structure does not increase the nonconforming nature of said structure.
[Amended 5-16-2022 ATM by Art. 28]
B.
Nonconforming uses. The Zoning Board of Appeals may grant a special permit to change or substantially extend a nonconforming use in accordance with this section only if it determines that such change or extension shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. The following types of changes or extensions to nonconforming uses may be considered by the Zoning Board of Appeals:
(1)
Change or substantial extension of the use.
(2)
Change from one nonconforming use to another, less detrimental, nonconforming use.
C.
Nonconforming structures, other than single- and two-family structures. The Zoning Board of Appeals may grant a special permit to reconstruct, extend, alter [as described in Subsection C(2)], or structurally change a nonconforming structure in accordance with this section only if it determines that such reconstruction, extension, alteration, or change shall not be substantially more detrimental than the existing nonconforming structure to the neighborhood. The following types of changes to nonconforming structures may be considered by the Zoning Board of Appeals:
(1)
Reconstruction, extension or structural change.
(2)
Alteration to provide for a substantially different purpose or for the same purpose in a substantially different manner or to a substantially greater extent.
D.
Nonconforming single- and two-family structures.
(1)
Nonconforming single- and two-family residential structures may be reconstructed, extended, altered, or structurally changed upon a determination by the Building Commissioner that such proposed reconstruction, extension, alteration, or change does not increase the nonconforming nature of said structure, and upon the issuance of a building permit, where applicable. The following types of changes shall be deemed not to increase the nonconforming nature of said structure:
(a)
Reconstruction, extension, alteration or structural change to a structure which complies with all current setback, building coverage, and building height requirements but is located on a lot with insufficient area and/or frontage, where the alteration will also comply with all of said current requirements.
(b)
Reconstruction, extension, alteration or structural change to a structure which encroaches upon one or more required setback areas, where the alteration will comply with all current setback(s), building coverage and building height requirements. The provisions of this subsection shall apply regardless of whether the lot complies with current area and frontage requirements.
(c)
Reconstruction, extension, alteration or structural change to the side, front or back of a structure which encroaches upon a required setback, where the alteration will not encroach upon such setback to a distance greater than the existing structure. The provisions of this subsection shall apply regardless of whether the lot complies with current area and frontage requirements.
(d)
Reconstruction, extension, alteration or structural change to a nonconforming structure which will not increase the footprint of the existing structure, provided that existing height restrictions shall not be exceeded.
(2)
In the event that the Building Commissioner determines that the nonconforming nature of such structure would be increased by the proposed reconstruction, extension, alteration, or structural change, the Zoning Board of Appeals may, by special permit, allow such reconstruction, extension, alteration, or change where it determines that the proposed modification will not be substantially more detrimental than the existing nonconforming structure to the neighborhood.
E.
Variance required. Except as provided in Subsection D, the reconstruction, extension or structural change of nonconforming structures which increases an existing nonconformity or creates a new nonconformity, including the extension of an exterior wall at or along the same nonconforming distance within a required setback, shall require the issuance of a variance from the Zoning Board of Appeals.
F.
Abandonment or nonuse. A nonconforming use or structure which has been abandoned or not used for a period of two years shall lose its protected status and be subject to all of the provisions of this Zoning Bylaw.
G.
Catastrophe or demolition. Any nonconforming structure may be reconstructed after a fire, explosion or other catastrophe or after demolition, provided that such reconstruction is completed within 12 months after such catastrophe or demolition, and provided that the building(s) as reconstructed shall be only as great in volume or area as the original nonconforming structure unless a larger volume or area is authorized by special permit from the Zoning Board of Appeals. Such time for reconstruction may be extended by the Zoning Board of Appeals for good cause.
H.
Reversion to nonconformity. No nonconforming use shall, if changed to a conforming use, revert to a nonconforming use.
I.
Nonconforming lots. The minimum frontage, area and front, side and rear yard setback requirements listed in § 350-5.1 shall not apply to any single- or two-family residential buildable lot in the Residential A and Residential B Districts that is shown on a deed or on an approved subdivision plan or on a plan bearing the endorsement "approval not required" under the Subdivision Control Law,[1] said deed or plan being duly signed and recorded at the Bristol County Registry of Deeds, that conformed to the existing zoning requirements at the time of approval or on a deed at the time of recording.
[1]
Editor's Note: See MGL c. 41, §§ 81K to 81GG.
§ 350-6.3 Accessory buildings and uses.
[Amended 5-19-2014 ATM]
A.
No accessory building or structure shall be located within the required front yard area.
B.
An accessory building or structure shall not have an area greater than 120 square feet without obtaining a building permit.
C.
A portable storage container, as defined in Article 10, shall require a building permit from the Building Commissioner and shall be required to be placed beyond the rear line of the principal structure and not closer than 10 feet to the side and rear lot lines. Depending on the location of the portable storage container and the existing buffer and/or screening on-site, additional screening may be required in the form of vegetation or some form of solid barrier in order to properly screen it from the view of abutting properties and/or the public roadway. The storage of hazardous materials is prohibited in portable storage containers. The use of any type of travel, tractor or camping trailer designed to travel on roadways on rubber-tired wheels for storage purposes is strictly prohibited. This shall not include portable storage containers that are utilized for temporary storage of household items during major renovations to the home or prior to or during relocation, sometimes referred to as "POD" containers.
[Amended 5-16-2022 ATM by Art. 28]
D.
No accessory building or structure larger than 200 square feet in gross floor area and no more than 10 feet in height above the average grade plane shall be located in any side yard area nearer to the side lot line than 10 feet, or nearer to another principal or accessory building than five feet.
E.
Accessory uses customarily incidental to a permitted main use are permitted on the same premises as the main use.
§ 350-6.4 Home occupations.
[Amended 2-12-1990 STM]
Permitted as accessory to the permitted residential use on the same premises:
A.
Use of a room in a dwelling for one customary home occupation conducted only by resident occupants such as dressmaking and candy making.
B.
Use of premises or building thereon in connection with his/her trade by a resident occupant carpenter, electrician, painter, plumber, or other artisan, with the exception of a body art establishment, provided that no manufacturing or business requiring substantially continuous employment be carried on.
[Amended 5-23-2001 ATM]
§ 350-6.5 Off-street parking and loading.
[Amended 2-12-1990 STM]
A.
Business and Industrial Districts.
[Amended 5-18-1998 ATM; 5-20-2002 ATM]
(1)
Minimum setback requirements. No paved area designated for parking on a lot shall be located closer than 10 feet to the edge of pavement for any street. No paved area designed for parking on a lot shall be located closer than 7 1/2 feet from any building wall.
[Amended 5-21-2007 ATM]
(2)
Minimum size of parking spaces. The minimum size of the required parking spaces shall be 18 feet by nine feet.
[Amended 5-21-2007 ATM]
(3)
Combining requirements. Required spaces for any number of uses or lots may be provided in a combined lot or lots, provided that the number of spaces on the combined facility shall not be less than the sum of those required for the individual uses.
(4)
Minimum required spaces.
(a)
The minimum required number of off-street parking spaces shall be as follows, provided that if a building lot is devoted to more than one of the uses set forth below, the parking requirements will be determined separately for portions devoted to each use, and if any use in a building changes which would increase the parking requirements, such use shall not be permitted until it can be demonstrated that the parking requirements set forth below with respect to such use have been met:
[1]
Wholesale business: one space for each 500 square feet of gross floor area.
[2]
Retail business: one space for each 200 square feet of gross floor area.
[3]
Research and development/engineering/high technology: one space for each 350 square feet of gross floor area.
[4]
Light manufacturing and assembly: one space for each 400 square feet of gross floor area.
[5]
Warehouse or distribution center: one space for each 500 square feet of gross floor area.
[6]
Conference facility: one space for each three seats of seating capacity.
[7]
Restaurant:
[Amended 5-21-2007 ATM]
[a]
One parking space for each three seats of seating capacity except if Subsection A(4)(a)[7][b] is applicable.
[b]
One parking space for every two occupants based on the actual occupant load listed on the application for certificate of inspection approved by the Building Department and the Fire Department for restaurants that serve alcoholic beverages under MGL c. 138, as most recently amended.
[8]
Hotel: one parking space for each hotel living unit.
[9]
All other permitted uses not specifically enumerated: one space for each 250 square feet of gross floor area.
(b)
In addition to the parking requirements in Subsection A(4)(a)[1] to [9] enumerated above, there shall be allocated one parking space for each employee. Where employees work in shifts, the number of such parking spaces shall be based upon the shift with the largest number of employees.
(c)
Where the computation of required parking spaces results in a fractional number, only the fraction of 1/2 or more shall be counted as one.
B.
Special permits. The Zoning Board of Appeals or the Planning Board, acting through Article 13, Site Plan Approval, as the case may be, may grant a special permit to waive strict adherence to the parking requirements set forth in this § 350-6.5 where it can be demonstrated by an applicant that a particular use does not warrant the number of parking spaces required by this § 350-6.5. In reviewing such a request, the Zoning Board of Appeals or Planning Board shall consider the following:
(1)
The issuance of a special permit will not be detrimental to the Town or surrounding uses and is consistent with the intent of this bylaw; and
(2)
The special permit may define the conditions of the use so as to preclude changes that would alter the unique circumstances contributing to the reduced parking need or demand.
§ 350-6.6 Signs.
[Amended 2-12-1990 STM; 5-16-2022 ATM by Art. 28]
Display of a sign pertaining to a permitted use with a total area of not more than six square feet to be located not less than 20 feet from the boundary line of an established way shall be permitted. Any lighting of a sign shall be continuous, indirect white lighting installed in a manner that will prevent direct light from shining onto any street or adjacent property. No sign is to be illuminated after 11:00 p.m. in any residential district.
A.
Purposes. This section is adopted for the regulation and restriction of signs within the Town of Raynham in order to protect and enhance the visual environment of the Town and the safety, convenience and welfare of its residents. A major purpose of this section is to prevent or minimize damage to the environment.
B.
Definitions. As used in this section, the following terms shall have the meanings indicated:
ACCESSORY SIGN
Any sign that advertises, calls attention to, or indicates the person or legal entity occupying the premises, or advertises the property itself or any part thereof as for sale or rent, and which contains no other matter.
FREESTANDING SIGN
Any sign that is not attached to a building.
NONACCESSORY SIGN
Any sign not an accessory sign, including billboards.
SIGN
Any device, structure or object in public view intended for visual communication.
TEMPORARY SIGN
Any banner, flag sign, inflatable sign, portable sign or poster not larger than 20 square feet and displayed for not more than 180 days in a calendar year.
[Amended 11-16-2015 STM]
C.
Administration.
(1)
Enforcement. The Building Commissioner is hereby designated as the Sign Officer and is hereby authorized to enforce this section. The Sign Officer is authorized to order the repair or removal of any sign and its supporting structure which in his judgment is dangerous or in disrepair or which is erected or maintained contrary to this section.
D.
Permit and fees.
(1)
Except as provided in Subsection H for certain signs permitted in any district, no sign shall be erected, altered or enlarged until an application has been filed on the appropriate form furnished by the Sign Officer, containing such information as he may require, and until a permit for such erection, alteration or enlargement has been issued by him. Such permit shall be issued only if the Sign Officer determines that the sign complies or will comply with all applicable provisions of this section and the State Building Code. Such application may be filed by the owner of the land or building or any person who has the authority to erect a sign on the premises.
(2)
The Sign Officer shall act within 30 days of receipt of such application, together with the required fee, if any. The Sign Officer's action or failure to act may be appealed to the Zoning Board of Appeals under the provisions of MGL c. 40A.
(3)
Applications for signs which are larger than 80 square feet shall also be referred to the Planning Board, which shall make recommendations to the Sign Officer. The Board may hold a public hearing, if it deems necessary. If the Board holds a public hearing, the Sign Officer's decision may be delayed until 60 days after the application.
[Amended 5-29-2003 ATM]
(4)
A schedule of fees for such permits may be established from time to time by the Board of Selectmen and the Building Commissioner.
E.
Penalties. Whoever violates any provision of this section or any lawful order of the Sign Officer shall be subject to a fine of not more than $100 per offense. Each day that such violation continues shall constitute a separate offense.
F.
Nonaccessory signs.
(1)
Nonaccessory signs shall not be permitted.
(2)
However, sponsor signs located in or upon athletic fields owned or leased by the Town of Raynham for the benefit of local nonprofit youth organizations shall be permitted subject to the specific terms as to size and location of the board or committee having jurisdiction over said Town property.
[Added 5-18-1992 ATM]
G.
Design requirements for all signs.
(1)
Movement. No sign shall contain any moving, flashing or animated lights, or visible moving or movable parts, except such portion of a sign as consists solely of indicators of time and/or temperature, or automatically changing message, provided that a sign with an automatically changing message shall be permitted only by special permit issued by the Zoning Board of Appeals.
(2)
Illumination. No sign shall be illuminated in a Residential A District or a Residential D District, and no sign shall be illuminated between the hours of 10:00 p.m. and 6:00 a.m. in Residential B or Residential C Districts. Signs may be illuminated only by the following means:
[Amended 5-20-1996 ATM]
(a)
By a white, steady stationary light of reasonable intensity shielded and directed solely at the sign, and not casting light on the premises.
(b)
By interior nonexposed lights of reasonable intensity.
(3)
Color. The Sign Officer may refuse to issue a sign permit for a sign containing red, yellow and/or green lights, if said lights constitute a driving hazard in his opinion.
H.
Signs not requiring permits. The following accessory signs conforming to this subsection and Subsection G may be erected and maintained without a permit, in any district:
(1)
One sign displaying the street number and/or name of the occupant of the premises, not exceeding four square feet in area. Such sign may include identification of uses permitted in a residential district.
(2)
Two "for sale" or "for rent" signs not exceeding a combined total area of six square feet, advertising only the premises on which the signs are located.
(3)
One bulletin or announcement board, identification sign or entrance marker for each public entrance to the premises upon which a church, synagogue, or other religious institution is located, not exceeding 12 square feet in area, provided that there shall be no more than two such signs for each church or synagogue or other religious institution.
(a)
Off-premises directional signs may be located within a quarter mile of a street leading to such church, synagogue, or religious institution. Such signs shall not exceed 2.25 square feet and be not more than two feet in length.
[Added 5-18-1992 ATM]
(4)
One contractor's sign, not exceeding 20 square feet in area, maintained on the premises while construction is in process and containing information relevant to the project. Such sign shall be removed immediately after completion or discontinuance of construction.
(5)
One identification sign, not exceeding 10 square feet in area, at any public entrance to a subdivision or multifamily development.
(6)
Directional signs, not exceeding three square feet.
(7)
Signs limited solely to directing traffic within or setting restrictions on the use of parking areas, not exceeding four square feet.
(8)
Political campaign signs or other noncommercial signs which express opinions or ideas protected by the First Amendment to the United States Constitution.
(9)
Signs on or off premises advertising agriculture, horticulture, floriculture or viticulture shall comply with this sign bylaw, except that such signs shall not exceed six square feet and be not more than three feet in length.
(10)
Those nonaccessory signs which are expressly permitted by Subsection F.
[Added 5-18-1992 ATM]
I.
Signs requiring permits. The Sign Officer shall issue permits for signs conforming to this entire bylaw.
(1)
Wall-mounted signs.
[Amended 10-26-2011 STM]
(a)
The sign or signs shall be firmly affixed to a building.
(b)
The sign or signs shall not extend beyond the wall of the building to which it is attached. Roof signs shall not project more than four feet above the roofline.
(c)
The sign or signs shall not project more than 12 inches (in the case of a sign parallel with the wall, or four feet in the case of a sign projecting perpendicular from the wall) from the face of the wall on which it is attached.
(d)
A wall-mounted sign shall be no greater than 120 square feet and no longer than 15 feet in length, which includes logos, business name and all other visual and/or written communication.
(e)
Wall-mounted signs shall not total more than 180 square feet and shall cover no more than 15% of the wall area on which they are mounted.
(2)
Freestanding signs.
(a)
No part of any freestanding sign other than the post or other support structure shall be located lower than eight feet above the ground level (except for signs beyond eight feet from the boundary line), and a freestanding sign shall be no more than 23 feet in height above the ground level and no wider than 15 feet.
(b)
No face of a freestanding sign shall be larger than 120 square feet, nor shall any sign be located in such a way so as to impede or obstruct the view of traffic and in no event shall any part of the sign be less than eight feet from any boundary line.
(3)
Number. There shall be no more than one freestanding sign per lot (landownership); except that two freestanding signs may be permitted on the premises in business and industrial districts, if the lot frontage is a minimum of 250 feet and multiple store units of 10 or more exist on said lot. Said signs shall be separated by at least 100 feet.
[Amended 5-16-1994 ATM; 5-21-2007 ATM]
(4)
Directory. In addition to the foregoing sign or signs, one directory of the establishments occupying a building may be either affixed to the exterior wall of the building or be standing at the public entrance to the building or premises. Such directory shall not exceed an area determined on the basis of one square foot for each establishment occupying the building.
(5)
Window signs. Signs painted or placed on the inside of the glass of a window may be permitted in addition to the above, provided that the aggregate area of such signs does not exceed 50% of the area of the window glass.
(6)
Temporary signs.
(a)
Temporary signs, including banners, flag signs, inflatable signs, portable signs and posters, shall be no larger than 20 square feet and shall be displayed only on the subject property.
(b)
Temporary signs shall be limited to one sign per business/tenant and shall be displayed for no more than 180 days per calendar year.
(c)
Temporary signs shall not impact lines of sight for vehicular or pedestrian traffic.
(d)
The American flag is not considered a temporary sign.
[Amended 11-16-2015 STM]
J.
Nonconforming signs. Signs legally erected before the adoption of this section which do not conform to the provisions of this section may continue to be maintained; provided, however, that no such sign shall, after the adoption of this section, be enlarged or made more nonconforming. Any exemption provided in this section shall terminate with respect to any sign which:
(1)
Shall have been abandoned for at least two years; or
(2)
Advertises or calls attention to any products, businesses, or activities which are no longer sold or carried on, whether generally or at the particular premises; or
(3)
Shall not have been repaired or properly maintained within 30 days after notice to that effect has been given by the Building Commissioner/Sign Officer.
§ 350-6.7 Site plans.
[Amended 2-12-1990 STM]
Before any building or structure greater than 100 square feet in area or greater than 12 feet in height is constructed or relocated, the Building Commissioner shall require the submission of a plan showing the lot dimensions, adjacent ways, the size and location of buildings or structures proposed to be constructed, relocated or reconstructed thereon, the location of any existing or proposed driveways, parking areas, drains and other buildings and major structures on the lot, buffer strip, and a statement of the intended use of such building or structure.
§ 350-6.8 Apartments.
A.
General provisions. An "apartment house" is herewith defined as a multifamily dwelling. Each dwelling unit shall be separated by soundproof partition walls and/or floors from each other, with each unit having individual living, sleeping, kitchen and toilet facilities. Each building shall occupy one lot. Professional offices and home occupations are specifically excluded from multifamily dwellings.
[Amended 2-12-1990 STM]
B.
Height and bulk regulations. Apartment houses may be constructed subject to the following rules and regulations:
(1)
Maximum height shall be limited to 35 feet above the average elevation of the finished grades of the building lot. Height shall be measured to the highest point on the roof of the building.
(2)
Maximum number of stories shall be limited to three, including the basement level. A "story" is defined as that part of a building between any floor and the floor or roof next above. For the purpose of this Zoning Bylaw, where a building is not divided into stories, a story shall be considered 15 feet in height. Steeples, cupolas, stage lofts, and the like shall not be considered as additional stories. A basement, or cellar, to be inhabited must have the ceiling not less than five feet above the average elevation of the land immediately surrounding the building foundation wall.
(3)
Floor area ratio shall not exceed 40%. The "floor area ratio" is defined as the ratio of the net floor area of the apartment building to the total lot area. "Net floor area" is the sum of the areas used for living, sleeping, kitchen and toilet use only of the several floors of a building, measured from the exterior faces of the walls, but shall not include areas used for hallways, closets and the like.
(4)
Minimum residential floor area is 500 square feet of living space per dwelling unit. "Living space" shall mean the total of the floor area of the rooms used or intended to be used as living, sleeping, and kitchen purposes only.
(5)
No more than 12 one-bedroom units or eight two-bedroom units are allowable in each apartment building.
C.
Area and width regulations.
(1)
The minimum lot size shall consist of not less than 43,560 square feet for the first family unit, plus an additional 4,000 square feet for each additional family unit, and not less than 250 feet wide.
[Amended 2-12-1990 STM]
(2)
The minimum lot size shall consist of not less than 60,000 square feet for the first family unit, plus an additional 5,000 square feet for each additional family unit and not less than 200 feet wide where water is not supplied by the North or Center Water Districts.
D.
Yard regulations.
[Amended 5-16-2022 ATM by Art. 28]
(1)
Corner lot. Yard requirements for lots located on the corners of two streets shall be considered as two front yards, one side yard, and one rear yard.
(2)
Projections into required yards or other required open spaces shall not exceed four feet.
E.
Off-street parking regulations.
(1)
Two off-street delineated parking spaces shall be provided for each family unit.
[Amended 2-12-1990 STM]
(2)
The minimum size for each parking space shall be nine feet wide by 18 feet long. Access areas and maneuvering space shall be in addition to the required parking space area.
[Amended 2-12-1990 STM]
(3)
No off-street parking space or accessory off-street parking shall be permitted within front yard areas.
(4)
All parking areas containing more than five parking spaces shall be effectively screened on the side that faces the side and/or rear lot line. The screening shall consist of a solid fence or wall not less than four nor more than six feet in height, or use of shrubbery, or both.
(5)
Parking spaces shall be arranged so that no motor vehicle will be parked within 20 feet of any side lot line, or within 20 feet of any rear lot line except for interior adjoining side line belonging to the same owner.
[Amended 2-12-1990 STM]
(6)
Boardinghouses must comply with all subsections of § 350-6.8E.
[Amended 2-12-1990 STM]
F.
Site plans. A site plan shall be submitted to the Building Commissioner and Planning Board and shall show the following:
(1)
Dimensions of lot.
(2)
All proposed buildings.
(3)
Structures.
(4)
Parking facilities.
(5)
Service areas.
(6)
Open space, buffer zones and green spaces.
(7)
Front, side, and rear yard areas.
(8)
Any other information as may be necessary to determine that the requirements of the preceding subsections shall be met.
§ 350-6.9 Designated Development District.
A.
General provision. All lots and improvements in a Designated Development District shall be governed by this § 350-6.9. If there is any conflict between § 350-6.9 and other requirements of this bylaw, the provisions of this § 350-6.9 shall control.
[Amended 5-21-2007 ATM]
B.
Minimum setbacks of buildings from boundary line of district. No building in a Designated Development District shall be located closer than 50 feet to the boundary line of the District. If a building contains more than two stories, then this minimum requirement shall be increased by 25 feet per story for each story that the building exceeds two stories in height up to a maximum setback requirement of 200 feet. For example, a building containing three stories shall not be located closer than 75 feet to the boundary line of the district and a building containing four stories shall not be located closer than 100 feet to the boundary line of the district. For purposes of this § 350-6.9, the term "story" shall mean that part of a building or improvement between any floor on or above the mean finished grade of the ground adjoining the building and the floor or roof next above. Where a building or improvement is not divided into stories, a story shall be considered 15 feet in height. "Height" shall mean the vertical distance measured from the mean finished grade of the ground adjoining the building or improvement to the highest point of such building or improvement, provided that steeples, cupolas, stage lofts, penthouses, bulkheads and other appurtenances above roofline shall not be considered as additional stories or considered in determining the height of a building or improvement.
C.
Buffer strip. Where the boundary line of a Designated Development District adjoins a lot in another district on which there is a residential dwelling, there shall be provided on the lot in the Designated Development District a buffer strip of not less than 50 feet in width from such adjoining lot. All required buffer strips in a Designated Development District shall retain any natural woodlands if possible. In the absence of natural woodlands, screening at least five feet high shall be constructed. Screening may be by wall, fence or earth berm with low plantings or any combination thereof. Such screening shall be maintained in good condition at all times. No other structures or parking areas will be permitted. No other requirements of this bylaw shall be applicable to buffer strips in a Designated Development District.
D.
Height limitations. No building or other improvement located in a Designated Development District shall exceed four stories or 50 feet in height, other than a hotel, which shall not exceed eight stories or 90 feet in height.
[Amended 5-21-2007 ATM]
E.
Minimum lot requirements. No building or structure erected in a Designated Development District shall be located on a lot having less than the minimum requirements set forth below:
(1)
Minimum lot size: 60,000 square feet;
(2)
Minimum lot frontage: 200 feet;
(3)
Minimum front yard: 100 feet;
(4)
Minimum side yard: 50 feet; and
(5)
Minimum rear yard: 50 feet.
F.
Accessory uses and structures. Accessory uses and structures incidental or subordinate to a permitted main use or structure, including any accessory use incidental to research or development or related production, shall be permitted in a Designated Development District. Included within permitted accessory uses and structures are communication facilities, a parking garage and/or heliport, primarily servicing the occupants of the lot or lots so served.
[Amended 5-21-2007 ATM]
G.
Off-street parking requirements in a Designated Development District.
(1)
Minimum setback requirements. No paved area designated for parking on a lot shall be located closer than 20 feet to any lot line which fronts on any street. No paved area designated for parking on a lot shall be located closer than 20 feet to the side of any building which fronts on any street, or closer than five feet to any side of a building which does not front on any street.
(2)
Minimum size of parking spaces. The minimum size of the required parking spaces shall be 18 feet by nine feet.
[Amended 5-21-2007 ATM]
(3)
Combining requirements. Required spaces for any number of uses or lots may be provided in a combined lot or lots within the Designated Development District, provided that the number of spaces in the combined facility shall not be less than the sum of those required for the individual uses.
(4)
Minimum required spaces.
(a)
The minimum required number of off-street parking spaces shall be as follows, provided that if a building on a lot is devoted to more than one of the uses set forth below, the parking requirements will be determined separately for portions devoted to each such use, and if any use in a building changes which would increase the parking requirements, such use shall not be permitted until it can be demonstrated that the parking requirements set forth below with respect to such use have been met.
[1]
Wholesale business: one space for each 500 square feet of gross floor area.
[2]
Office/banking, retail business: one space for each 200 square feet of gross floor area.
[Amended 5-21-2007 ATM]
[3]
Research and development/engineering/high technology: one space for each 350 square feet of gross floor area.
[4]
Light manufacturing and assembly: one space for each 400 square feet of gross floor area.
[5]
Warehouse or distribution center: one space for each 500 square feet of gross floor area.
[6]
Conference facility: one space for each three seats of seating capacity.
[7]
Restaurant:
[Amended 11-20-2000 STM]
[a]
One parking space for each three seats of seating capacity except if Subsection G(4)(a)[7][b] is applicable.
[b]
One parking space for every two occupants based on the actual occupant load listed on the application for certificate of inspection approved by the Building Department and Fire Department for restaurants that serve alcoholic beverages under MGL c. 138.
[8]
Hotel: one parking space for each hotel living unit.
[9]
All other permitted uses not specifically enumerated: one space for each 300 square feet of gross floor area.
(b)
Where the computation of required parking spaces results in a fractional number, only the fraction of 1/2 or more shall be counted as one.
(5)
Designated parking area. With respect to any building in a Designated Development District other than a conference facility, restaurant or hotel which requires less minimum parking spaces than one parking space for each 300 square feet of gross floor area, there shall be designated on the lot on which the building is located or on another lot in the district if the provisions of Subsection G(3) are applicable a designated parking area or areas with a total aggregate square footage equal to 85% of the total gross floor area of all buildings on a lot. Any designated parking area need only be paved to the extent necessary to meet the minimum requirements of Subsection G(4), but any unpaved area must comply with the setback requirements of Subsection G(1) and remain open and available to meet any additional minimum parking space requirement caused by a change in the use of any building. If parking for any lot is to be provided in a parking facility of more than one story, the gross floor area of each floor in the parking facility shall be included in the computation of the designated parking area.
(6)
Special permits. The Zoning Board of Appeals or the Planning Board acting through Article 13, Site Plan Approval, as the case may be, may grant a special permit to waive strict adherence to the parking requirements set forth in this Subsection G where it can be demonstrated by an applicant that a particular use does not warrant the number of parking spaces required by this Subsection G. In reviewing such a request, the Zoning Board of Appeals or Planning Board shall consider the following:
[Amended 5-18-1998 ATM]
(a)
The issuance of a special permit will not be detrimental to the Town or surrounding uses and is consistent with the intent of this bylaw; and
(b)
The special permit may define the conditions of the use so as to preclude changes that would alter the unique circumstances contributing to the reduced parking need or demand.
H.
Signs. No sign located at or near the entrance way of a Designated Development District shall be larger than 150 square feet or located closer than 10 feet to the boundary line of the district. No sign identifying any building or improvement within a Designated Development District shall be larger than 50 square feet and located closer than 10 feet to the boundary line of an established way. Any lighting of a sign shall be continuous indirect white lighting installed in a manner that will prevent direct light from shining onto any street or adjacent property. No sign shall be constructed so as to interfere with the visibility of traffic located on adjacent streets or ways, nor shall any freestanding signs be placed at a height in excess of 30 feet.
I.
Site plans. A site plan shall be submitted to the Building Commissioner and Planning Board and shall show that the requirements of this § 350-6.9 have been satisfied. In particular, such site plan shall include:
(1)
Dimensions of lot;
(2)
Location and dimensions in feet of all proposed buildings and accessory structures;
(3)
Location and dimensions of paved parking areas and designated parking areas, if applicable;
(4)
Service areas;
(5)
Open space;
(6)
Front, side and rear yard areas;
(7)
Property boundaries; and
(8)
Required buffer strip, if applicable.
§ 350-6.10 Height limitations.
[Added 2-12-1990 STM; amended 2-10-1997 STM; 5-16-2022 ATM by Art. 28]
No building or other improvement located in a business or industrial district shall exceed 40 feet in height, except by special permit. The limitation on height of buildings shall not apply to chimneys, ventilators, spires or other ornamental features of buildings, which features are in no way used for living purposes. No building in any residential area shall exceed 32 feet in height, except the limitation on height of buildings shall not apply to chimneys, ventilators, spires or other ornamental features of buildings, which features are in no way used for living purposes. The height limitation does not apply to wireless communications towers; provided, however, that no wireless communications tower or antenna or accessory structure shall be erected except in compliance with Article 12.
§ 350-6.11 Office Development District.
[Added 6-7-2004 STM]
Developments shall be permitted in the Office Development District only upon issuance of site plan approval by the Planning Board.
A.
General description. "Office Development District" shall mean a development constructed on a lot or lots under single ownership at the time of application, planned and developed as an integral unit, and consisting primarily of office and light industrial use.
B.
Purposes. The purpose of the Office Development District development regulations in this section shall include the following:
(1)
To promote highway traffic safety and protect the capability of state and local roads to conduct traffic smoothly and efficiently;
(2)
To promote attractive and viable commercial development and expand the commercial tax base of the Town;
(3)
To protect the rural character, aesthetic visual qualities and property values of the Town and neighboring properties;
(4)
To discourage unlimited commercial "strip development" and curb cuts along highways, and encourage commercial growth in nodes and clusters, and to promote shared access and egress.
C.
General provision. All lots and improvements in an Office Development District shall be governed by this § 350-6.11. If there is any conflict between § 350-6.11 and other requirements of this bylaw, the provisions of this § 350-6.11 shall control. Additionally, any development in this district must also meet the following performance standards:
(1)
Lighting. No areas shall be floodlit. Lighting fixtures higher than 20 feet shall not illuminate drives and parking areas. Lighting fixtures higher than 15 feet shall not illuminate sidewalks. All lighting fixtures shall be shielded to have a total cutoff of all light at less than 90°. The total cutoff of all light should occur within the property lines of the parcel to be developed.
(2)
Building location. Proposed buildings and structures shall be integrated as much as possible within the existing landscape and terrain.
(3)
Building design. Where buildings are located near existing development, architectural style shall be in harmony with the prevailing character and scale of buildings in the neighborhood and the Town through the use of appropriate exterior materials, color, screening, breaks in the rooflines and wall lines, and other architectural techniques.
(4)
Circulation. Site plans shall provide clearly marked safe and attractive circulation patterns for both vehicular and pedestrian traffic. Special attention shall be given to location, width, and number of access points to public streets (curb cuts should be located on secondary streets where possible; curb cuts are generally limited to one on primary streets). Information on stop sight distances and speeds along streets that provide access shall be noted on the site plan.
(5)
Water quality. The development shall incorporate measures that are adequate to prevent pollution of surface water or groundwater, to minimize erosion and sedimentation, and to prevent changes in groundwater levels, increased rates of runoff and potential for flooding. Drainage shall be designed so that peak flow rates shall not be increased above predevelopment levels and groundwater recharge is maximized.
(6)
Emissions. The development shall ensure that no emissions of noise, odors, gases, liquids, dust, chemicals, fumes or smoke which would be injurious, obnoxious, offensive, or hazardous to the surrounding area would take place.
D.
Uses permitted by special permit with site plan approval. Uses permitted by special permit by the Planning Board shall be limited only to the following:
(1)
Warehouse for storage, production, assembly, and marketing of wholesale goods.
(2)
Wholesale trade and distribution.
E.
Minimum setbacks of buildings from boundary line of district. No building in an Office Development District shall be located closer than 50 feet to the boundary line of the district. If a building contains more than two stories, then this minimum requirement shall be increased by 25 feet per story for each story that the building exceeds two stories in height, up to a maximum setback requirement of 200 feet. For example, a building containing three stories shall not be located closer than 75 feet to the boundary line of the district, and a building containing four stories shall not be located closer than 100 feet to the boundary line of the district. For purposes of this Subsection E, the term "story" shall mean that part of a building or improvement between any floor on or above the mean finished grade of the ground adjoining the building and the floor or roof next above. Where a building or improvement is not divided into stories, a story shall be considered 15 feet in height. "Height" shall mean the vertical distance measured from the mean finished grade of the ground adjoining the building or improvement to the highest point of such building or improvement, provided that steeples, cupolas, stage lofts, penthouses, bulkheads and other appurtenances above roofline shall not be considered as additional stories or considered in determining the height of a building or improvement.
(1)
Dimensional regulations. All uses shall be in conformity with the dimensional and density regulations set forth in Table 1.
Table 1 | |||||||||
|---|---|---|---|---|---|---|---|---|---|
Dimensional Regulations | |||||||||
Use | Min. Lot Area (square feet or as noted) | Min. Frontage (feet) | Min. Front Yard (feet) | Min. Side Yard (feet) | Min. Rear Yard (feet) | Max Height (feet) | Max No. of Stories | Max Building Coverage (% of lot) | Max Impervious Surface (% of lot) |
Office Development District | 80,000 | 150 | 45 | 30 | 30 | 60 | 4 | 40 | 60 |
(2)
Other office development dimensional regulations. A fifty-foot buffer is required along side and rear lots abutting any residential property. The buffering requirements can be altered during site plan review to mitigate environmental impacts.
F.
Buffer strip. Where the boundary line of an Office Development District adjoins a lot in another district on which there is a residential dwelling, there shall be provided on the lot in the Office Development District a buffer strip of not less than 50 feet in width from such adjoining lot. All required buffer strips in an Office Development District should retain any natural woodland if possible. In the absence of natural woodlands, screening at least five feet high shall be constructed. Screening may be by wall, fence or earth berm with low plantings or any combination thereof. Such screening shall be maintained in good condition at all times. No other structures or parking areas will be permitted within the buffer area. No other requirements of this bylaw shall be applicable to buffer strips in an Office Development District.
G.
Height limitations. No building or other improvement located in an Office Development District shall exceed four stories in height, other than a hotel, which shall not exceed five stories or 60 feet in height.
H.
Accessory uses allowed. Accessory uses incidental or subordinate to a permitted main use, including, without limitation, cafeterias, day care, or such other retail or service uses, shall be permitted in an Office Development District, provided such uses primarily service the occupants of the lot or lots so served.
[Amended 5-16-2022 ATM by Art. 28]
I.
Off-street parking requirements in an Office Development District.
(1)
Parking between the street and the building is not allowed. Parking should be located to the rear and side of the building.
(2)
Minimum size of parking spaces. The minimum size of at least 70% of the required parking spaces shall be 18 feet by nine feet. Any remaining required parking spaces shall be a minimum size of 15 feet by 7 1/2 feet.
(3)
Combining requirements. Required spaces for any number of uses or lots may be provided in a combined lot or lots within an Office Development District, provided that the number of spaces in the combined facility shall not be less than the sum of those required for the individual uses, and provided that the parking is located on a lot or lots adjacent to or within 100 feet of the structures served.
(4)
Minimum required spaces.
(a)
The minimum required number of off street parking spaces shall be as follows, provided that if a building on a lot is devoted to more than one of the uses set forth below, the parking requirements will be determined separately for portions devoted to each such use, and if any use in a building changes which would increase the parking requirements, such use shall not be permitted until it can be demonstrated that the parking requirements set forth below with respect to such use have been met:
[1]
Wholesale business: one space for each 1,000 square feet of gross floor area.
[2]
Retail business: one space for each 200 square feet of gross floor area.
[3]
Research and development/engineering/high technology: one space for each 500 square feet of gross floor area.
[4]
Office uses: one space for each 350 square feet of gross floor area.
[5]
Light manufacturing and assembly: one space for each 1,000 square feet of gross floor area.
[6]
Warehouse or distribution center: one space for each 1,000 square feet of gross floor area.
[7]
Conference facility: one space for each three seats of seating capacity.
[8]
Restaurant/cafeteria: one parking space for each three seats of seating capacity.
[9]
Hotel: 1.1 parking spaces for each hotel living unit.
[10]
All other permitted uses not specifically named: one space for each 300 square feet of gross floor area.
(b)
Where the computation of required parking space results in a fractional number, only the fraction of 1/2 or more shall be counted as one.
(5)
Designated parking area. With respect to any building in an Office Development District other than a conference facility, restaurant or hotel which requires fewer than one parking space for each 300 square feet of gross floor area, there shall be designated on the lot on which the building is located, or on another lot in the district if the provisions of Subsection I(3) are applicable, a designated parking area or areas with total aggregate square footage equal to 85% of the total gross floor area of all buildings on a lot. Any designated parking area need only be paved to the extent necessary to meet the minimum requirements of Subsection I(4), but any unpaved area must comply with the setback requirements of Subsection I(1) and remain open and available to meet any additional minimum parking space requirement caused by a change in the use of any building. If parking for any lot is to be provided in a parking facility of more than one story, the gross floor area of each floor in the parking facility shall be included in the computation of the designated parking area.
(6)
Special permits. The Zoning Board of Appeals or the Planning Board, acting through Article 13, Site Plan Approval, as the case may be, may grant a special permit to waive strict adherence to the parking requirements set forth in this Subsection I where it can be demonstrated by an applicant that a particular use does not warrant the number of parking spaces required by this Subsection I. In reviewing such a request, the Zoning Board of Appeals or Planning Board shall consider the following:
(a)
The issuance of a special permit will not be detrimental to the Town or surrounding uses and is consistent with the intent of this bylaw; and
(b)
The special permit may define the conditions of the use so as to preclude changes that would alter the unique circumstances contributing to the reduced parking need or demand.
J.
Loading requirements. All loading and unloading shall take place on site in a specified area designed for this purpose.
K.
Signs. No sign located at or near the entranceway of an Office Development District shall be larger than 150 square feet or located closer than 10 feet to the boundary line of the district. No sign identifying any building or improvement within an Office Development District shall be larger than 50 square feet and located closer than 10 feet to the boundary line of an established way. Any lighting of a sign shall be continuous indirect white lighting installed in a manner that will prevent direct light from shining onto any street or adjacent property. Sign(s) shall not be constructed as to interfere with the visibility of traffic located on adjacent streets or ways, nor shall any freestanding signs be placed at a height in excess of 30 feet.
L.
Design standards. A site plan shall be submitted to the Planning Board and shall show that the requirements of § 350-6.11 have been satisfied.
§ 350-6.12 Apiary activities.
[Added 5-19-2014 ATM]
Apiary activities, as defined in MGL c. 128, §§ 32 to 36A and 38, and 330 CMR 8.00, are allowed in all zoning districts pursuant to the following regulations:
A.
All hives and associated bee equipment must maintain a minimum setback of 10 feet from all property lines and buildings and 20 feet from all sidewalks and roadways, schools, day-care facilities, parks and playgrounds.
B.
The entrance of the hive(s) must be situated to face away from property line, sidewalk or roadway.
C.
A water supply must be provided for the bees on the same property on which the hive(s) is located (i.e., bird bath, quail/chicken waterer, etc.).
D.
Any resident that participates in the apiary activities must do so in accordance with any and all applicable state best management practices as well as the Town of Raynham's Board of Health regulations.
§ 350-6.13 Estate lots.
[Added 5-15-2017 ATM]
The purpose of this section is to allow the creation of reasonable and safe use of back land for single-family residential use.
A.
Special permit required. Estate lots shall only be permitted in zoning districts Residential A, B, C, and D, Light Industrial or Business upon issuance of a special permit. The Planning Board shall be the special permit granting authority (SPGA) for all estate lots. The SPGA shall consider the issuance of a special permit subject to the following requirements:
B.
Requirements.
(1)
The minimum lot size on an estate lot shall be 80,000 square feet.
(2)
Not more than one single-family dwelling shall exist on an estate lot.
(3)
A minimum of 80% of the minimum lot size for the zoning district shall be of contiguous upland, a buildable area within which no land is subject to the protection of the Wetlands Protection Act, MGL c. 131, § 40, or riverfront area under the Massachusetts Rivers Protection Act.
(4)
Said lot shall have a minimum street frontage of 50 feet and a width of not less than 50 feet at all access points.
(5)
Frontage of said lot shall be situated entirely on a public way.
(6)
Access to the buildable area of the lot shall be entirely within the boundary lines of said lot and not over an easement or right-of-way.
(7)
The estate lot must be designed geometrically as to show a 125-foot by 125-foot square area beginning at the minimum front yard setback line for a structure.
(8)
The land extending from the roadway to a point where the lot width is at least 125 feet wide is considered the access area. The access area for an estate lot shall be a minimum of 50 feet wide throughout its length and must be included as part of the estate lot. No access shall be less than 100 feet in length measured from the street line.
(9)
Said lot shall not be further divided and it shall be noted on the Form A plan before endorsement by the Planning Board that said lot shall not be further divided.
(10)
Estate lots shall be serviced by Town water.
(11)
No more than two contiguous estate lots shall be allowed on any parcel.
C.
Application. All applications for a special permit for an estate lot shall follow the procedures and submission requirements pursuant to §§ 365-5.1 to 365-5.3 of the Town of Raynham Rules and Regulations Governing the Subdivision of Land.
§ 350-6.14 Marijuana not medically prescribed.
[Added 5-15-2017 ATM; amended 5-16-2022 ATM by Art. 28]
Consistent with MGL c. 94G, § 3(a)(2), all types of marijuana establishments as defined in MGL c. 94G, § 1, to include all marijuana cultivators, marijuana testing facilities, marijuana product manufacturers, marijuana retailers or any other types of licensed marijuana-related business, shall be prohibited within the Town of Raynham.
§ 350-6.15 Associate member of Planning Board.
[Added 5-16-2022 ATM by Art. 33]
A.
Associate member of the Planning Board. The associate Planning Board member is a two-year position that shall be appointed by a joint vote of the Board of Selectmen and the Planning Board. The Chair of the Planning Board must designate the associate member to sit on the Board for the purposes of acting on a special permit application or site plan approval, in the case of absence, inability to act, or conflict of interest on the part of any member of the Planning Board or in the event of a vacancy on the Board. Any vacancy in the office of the associate member will be filled by a majority joint vote of the Board of Selectmen and the Planning Board.
B.
Term of associate member. The term of appointment shall be two years from the date of appointment. Any vacancy in the position of associate member shall be filled for the balance of the term of the associate member when the position becomes vacant.
