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Sudbury City Zoning Code

ARTICLE 3000

General Regulations

[Amended 4-14-2004 ATM by Art. 45A; 4-14-2004 ATM by Art. 45B; 4-9-2007 ATM by Art. 21; 5-22-2021 ATM by Art. 28]

3110 General.

No building or structure shall be located upon any lot and no activity shall be conducted upon any lot unless the required parking facilities are provided in accordance with this section.
3111. 
Change of use. The use of any land or structure shall not be changed from a use described in one section of the Table of Parking Requirements to a use in another section of the table nor shall any floor area of a building be increased in any manner unless the number of parking spaces required for the new uses are provided.
3112. 
Undetermined uses. In the case where the use of a building or buildings has not been determined at the time of application for a building permit or special permit, the parking requirements applicable to the most intensive use allowed in the zoning district where such undetermined use is to be located shall apply.
3113. 
Reserve parking spaces. Upon the issuance of a special permit, the Planning Board may authorize a reduction in the number of parking spaces required hereunder, in accordance with the following:
[Amended 5-6-2015 ATM by Art. 43]
a. 
The decrease in the number of parking spaces is no more than 30% of the total number of spaces otherwise required hereunder.
b. 
The waived parking spaces shall be set aside and shall not be intended for immediate construction. Such spaces shall be labeled as "Reserve Parking" on the site plan.
c. 
Any such decrease in the number of required parking spaces shall be based upon documentation of the special nature of the use or building.
d. 
The parking spaces labeled "Reserve Parking" on the site plan shall be properly designed as an integral part of the overall parking layout, located on land suitable for parking development and in no case located within area counted as buffer, parking setback or open space.
e. 
The reduction in the number of required spaces will not create undue congestion or traffic hazards, and such relief may be granted without substantial detriment to the neighborhood and without derogating from the intent and purpose of this bylaw.
[Amended 5-6-2024 ATM by Art. 31]
f. 
If, at any time after the certificate of occupancy is issued for the building or use, the Building Inspector determines that additional parking spaces are needed, the Inspector shall notify the Planning Board, in writing, of such finding and the Planning Board may require that all or any portion of the spaces shown on the approved site plan as "Reserve Parking" be constructed within a reasonable period.
3114. 
Handicapped parking. Parking facilities shall provide specifically designated parking spaces for the physically handicapped in accordance with the latest edition of 521 CMR 1.00 et seq., the Rules and Regulations of the Architectural Access Board.

3120 Number of parking spaces.

Uses listed in the following table shall have parking as set forth therein.
3121. 
Comparable use requirement. Where a use is not specifically included in the Table of Parking Requirements, it is intended that the regulations for the most nearly comparable use specified shall apply.
3122. 
Mixed-use requirement. In the case of mixed uses, the requirements shall be the sum of the requirement calculated separately for each area of use, so that adequate space shall be provided to accommodate the cars of all persons on the premises at any one time. Parking spaces for one use shall not be considered as providing the required spaces for any other use, except when it can be clearly demonstrated that the need for parking occurs at different times and will continue to do so in the future.
Table of Parking Requirements
Use
Required Parking
Dwelling
2 spaces for each dwelling unit
Registered home business
2 spaces
Hotel, motel, inn, boardinghouse, bed-and-breakfast
1 space for each bedroom, plus 1 space for each employee on the largest shift; except in VBD, 1 space per bedroom
Educational purposes, exempt or nonexempt
1 space for each staff position, plus 1 space for each 5 persons of rated capacity of the largest auditorium, plus 1 space for each student vehicle which can be expected at maximum use time on the premises; except in VBD, 1 space for each 2 persons of student and staff population
Nursing home
1 space for each 2 beds, plus 1 space for each employee on the largest shift
Retail store; personal service establishment; bank or financial agency; building trade; or restaurant with no seating
1 space for each 180 square feet of gross floor area; except in VBD, 1 space for each 300 square feet of gross floor area
Business or professional office
1 space for each 200 square feet of gross floor area; except in the Research District, 1 space for each 300 square feet of gross floor area; and in VBD, 1 space for each 350 square feet of gross floor area
Restaurant; religious use; funeral home; private club or lodge; or other place of assembly as defined in the State Building Code
1 space for each 3 seats, plus 1 space for each employee on the shift, except in VBD: 1 space for each 3 seats
Motor vehicle light service, general and body repair
3 spaces for each service bay, plus 1 space for each employee on the largest shift
Industrial uses at set forth in Section D of Appendix A.[1]
1 space for each 2,000 square feet of gross floor area for the first 20,000 square feet, plus 1 space for each additional 10,000 square feet of gross floor area and 1 space per employee on the largest shift
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.

3130 Standard parking dimensional regulations.

Off-street parking facilities shall be laid out and striped in compliance with the following minimum provisions:
Angle of Parking
(in degrees)
Width of Parking Stall
(feet)
Parking Stall Length of Line
(feet)
Width of Maneuvering Aisle
(feet)
90° (two-way)
9
18.5
24
60° (one-way)
10.4
22
18
45° (one-way)
12.7
25
14
Parallel (one-way)
8
22
14
Parallel (two-way)
8
22
18
3131. 
Small car stalls. In parking facilities containing more than 40 parking stalls or in any Village Business District site, 15% of such parking stalls may be for small car use, except for retail store, retail service business or restaurant uses. Such small car parking facilities shall be grouped in one or more contiguous areas and shall be identified by a sign(s).
3132. 
Small car parking dimensional regulations. Off-street small car parking facilities shall be laid out and striped in compliance with the following minimum provisions:
Angle of Parking
(in degrees)
Width of Parking Stall
(feet)
Parking Stall Length of Line
(feet)
Width of Maneuvering Aisle
(feet)
90° (two-way)
8.5
15
24
60° (one-way)
9.8
18.5
18
45° (one-way)
12
21.5
14
Parallel (one-way)
8
18
14
Parallel (two-way)
8
18
18

3140 Design requirements for parking facilities.

3141. 
Residential uses. One parking stall may be provided directly behind another for each dwelling unit, provided that each stall shall meet the width and depth requirement and in no case shall such stalls which are more than two deep be considered in computing the required parking.
3142. 
Business or industrial uses. Required parking spaces, loading areas and driveways shall be provided and maintained with suitable grading, paved surfaces and adequate drainage. No parking space or other paved surface, other than access driveway(s) or walkways, shall be located within 10 feet of any lot line, and notwithstanding the foregoing, no parking space or other paved surface, other than access driveway(s) or walkways, shall be located within the limits of a landscape buffer area required in Subsection 3543 herein.
3143. 
Business or industrial uses. Each lot may have one access driveway which shall be at least 24 feet wide at its narrowest point but not more than 40 feet wide at its widest point. Each lot may have one additional access driveway for each 200 feet of frontage provided all such access driveway(s) shall be at least 200 feet apart on the lot measured from the center line of each access driveway. In the case of an access driveway which shall be used for one-way traffic only, the minimum width may be reduced to 14 feet at its narrowest point.
3144. 
Nonresidential uses. All parking shall be located to the side or the rear of buildings, except in the Research District where parking may be located elsewhere so long as appropriate reasonable landscaping is placed around those parking areas not located behind a building and which can be seen from public ways, all as shown on a site plan accepted by the Planning Board submitted pursuant to Section 6300.
[Amended 5-6-2015 ATM by Art. 43]
3145. 
Interior driveways may be reduced to no less than 20 feet for two-way traffic and 14 feet for one-way traffic.
3146. 
Village business districts. Parking shall be to the side or rear of the building. The number of parking spaces required for a given site may be on another site within the district. Such off-site parking must be established by legal documentation satisfactory to Town Counsel, and a copy filed in the office of the Town Clerk.
3147. 
In the Village Business District, the requirement of off-street parking may, at the applicant's option, be satisfied through payment of an annual access fee in lieu of providing up to 50% of the required spaces. The access fee per space shall equal $800, indexed to change subsequent to 1994, in the Consumer Price Index for all urban consumers, as published by the U.S. Bureau of Labor Statistics. Access fees shall be held in an enterprise fund, or other account, restricting the use of those monies to the provision of off-street parking and nonautomotive means of access serving the Village Business District.
3148. 
For parking areas of 10 or more spaces, bicycle racks facilitating locking shall be provided to accommodate one bicycle per 10 parking spaces.

3150 Loading areas.

One or more off-street loading areas shall be provided for any business that may be regularly serviced by tractor-trailer trucks or other similar delivery vehicles, so that adequate areas shall be provided to accommodate all delivery vehicles expected at the premises at any one time. Loading areas shall be located at either the side or rear of each building and shall be designed to avoid traffic conflicts with vehicles using the site or vehicles using adjacent sites.

3210 Purpose.

The following sign regulations are intended to serve these objectives: (a) to facilitate efficient communication; (b) to avoid conflict between signs and the visual qualities of their environs; and (c) to support business vitality within nonresidential districts by accomplishing the above objectives without burdensome procedures and restrictions.

3220 General regulations.

The following regulations shall apply in all districts:
3221. 
No exterior sign or advertising device shall be erected except as provided by this bylaw.
3222. 
No sign which requires a sign permit under this bylaw shall be erected except in the exact location and manner described in the permit.
3223. 
No sign shall be erected that in any way creates a traffic hazard or obstructs traffic.
3224. 
No sign shall be painted or posted directly on the exterior surface of any wall. All exterior attached signs shall be painted, posted or otherwise securely affixed to a substantial intermediary removable surface and such surface shall be securely affixed to the wall of the building. The foregoing, however, shall not prevent installation of a sign by individual letters or devices cut into or securely affixed to the exterior of a building, provided that such letters or devices have a minimum depth or projection of 1/4 of an inch. The construction of the sign shall comply with the State Building Code.
3225. 
No sign shall be illuminated between the hours of 11:00 p.m. and 6:00 a.m. except signs on premises open for business.
3226. 
Only white lights shall be used for direct illumination of a sign. The illumination of any sign shall be shaded, shielded, directed and maintained at a sufficiently low intensity and brightness that it shall not affect the safe vision of operators of vehicles moving within the premises or on any adjacent public or private ways. All illumination of any signage shall be dark-sky compliant per the International Dark Sky Association.
3227. 
Any sign which advertises or identifies products, businesses, services or activities which are no longer sold, located or carried on at the premises shall be removed within 60 days.

3230 Sign permits.

All signs shall require a sign permit except as provided in Section 3250 herein. No sign which requires a sign permit shall hereafter be constructed except in conformity with a sign permit from the Building Inspector. Applications for building or sign permits shall be obtained from the Building Department and shall contain the following information:
a.
The location by street number, of the proposed sign;
b.
The name and address of the sign owner and the owner of the premises where the sign is to be located, if other than the sign owner;
c.
A scale drawing showing the proposed construction, method of installation or support, colors, dimensions, location of the sign on the site, and method of illumination;
d.
Such other pertinent information as the Building Inspector may require to ensure compliance with the bylaw and any other applicable law; and
e.
The application must be signed by the owner of the sign and the owner of the premises where the sign is to be located.
3231. 
The Building Inspector shall refer all applications to the Design Review Board for recommendations in conformance with Section 6540 of this bylaw. The Design Review Board shall have the authority to reject any sign permit application which is not complete when submitted.
3232. 
Time limitations. The Design Review Board shall approve or disapprove any application for a sign permit within 30 days of receipt of the application. If the Building Inspector should fail to act on an application for a sign permit within such thirty-day period, the application shall be deemed to be denied.
3233. 
Fees. The Select Board shall establish and from time to time review a sign permit fee which shall be published as part of the sign permit application.

3240 Signs prohibited in all districts.

3241. 
Light boxes, LED (light-emitting diode) electronic displays, and stencil-cut illuminated sign boxes.
3241A. 
Neon signs.
3242. 
Billboards, except noncommercial third-party signs on municipally owned property.
3243. 
String lights used in connection with commercial premises with the exception of temporary lighting for holiday decoration; signs consisting of strings of banners, posters, pennants, ribbons, streamers, and spinners or similar devices.
3244. 
Flashing or oscillating signs or signs with moving lights or rotating beacons; animated signs; rotating signs; signs which move by design or have a major moving part.
3245. 
Signs emitting audible sound, odor or visible matter.
3246. 
Permanent paper, cardboard, cloth, canvas, plastic or similar non-rigid-material signs tacked, posted, or otherwise affixed to the walls of any structure, tree, pole, hydrant, bridge, fence or any other surface. Interim (temporary) signs and all of their aspects (size, material, permitted duration, etc.) may be permitted at the discretion of the Building Inspector while a permanent sign is being permitted, created, or waiting to be installed, but for no longer than six months.
3247. 
Portable signs and changeable copy signs, except as permitted in Subsection 3259A.
3248. 
Signs having the shape and color of a traffic control device; signs which are of a size, location, movement, content, coloring, or manner of illumination which may be confused with or construed as a traffic or street sign or signal; signs which contain or are an imitation of an official traffic sign or signal or contain the words "stop," "slow," "caution," "danger," "warning" or similar words.
3249. 
Signs creating a potential hazard to the safe, efficient movement of vehicular or pedestrian traffic or which contain statements, words, or pictures of an obscene, indecent, or immoral character, that will offend public morals or decency.
3249A. 
Integral roof signs.

3250 Signs not requiring permit.

3251. 
Resident identification sign. One sign, which shall not exceed two square feet in area and, if lighted, shall use direct illumination with white light only and be dark-sky compliant per the International Dark Sky Association.
3251A. 
Property owner's "no trespassing" signs or the like.
3252A. 
Governmental, utility or public safety signs. None of the provisions of this bylaw shall be construed as preventing or limiting any traffic, directional, informational, educational or identification sign owned and installed by a governmental agency.
3252B. 
Religious institution signs.
3253. 
Real estate signs. One real estate sign, not over six square feet in area, advertising the sale or rental of the premises on which it is located is permitted. Such signs shall be removed within 30 days of the completion of the sale, rental or lease.
3254. 
Construction signs. One temporary construction sign which shall not exceed 20 square feet in area, in all districts, shall be confined to the site of the construction, including subdivisions of land as defined in MGL c. 41, § 81L, shall not be erected prior to the issuance of building permit and shall be removed within seven days of completion of construction, issuance of the certificate of occupancy, or after the intended use of the project has begun, whichever comes first.
3255. 
Window signs. One or multiple signs that in aggregate shall not exceed 25% of the window area. Such signs shall not be illuminated other than by standard lighting fixtures on the building and shall be dark-sky compliant per the International Dark Sky Association. However, "open" or "closed" window signs may be self-illuminated, and such signs shall be no larger than two square feet in area. Window signs promoting a public service or charitable event shall not be calculated in the allowable 25%.
3256. 
Fuel pump signs.
3257. 
Vehicle signs. Except where the signs are mounted on parked vehicles for the purposes of advertising goods or services sold or provided on the property where the motor vehicle is parked or elsewhere either by direct sale or by order, signs normally painted on or attached to a motor vehicle, identifying the owner and his or her trade, and signs advertising the sale of the motor vehicle itself shall be allowed.
3258. 
Signs on product-dispensing devices. Signs integral to automated devices, not to include vehicles or gas pumps, which dispense one or more products, when the sign identifies the product(s) contained therein, provided the sign does not project beyond the device. Signs which are affixed but not integral to the device are not allowed.
3259. 
Flags, and banners conforming to Subsection 3271 of this bylaw.
3259A. 
Portable signs. One portable sign is allowed per business, provided:
a. 
The sign does not exceed six square feet per side and is no more than 30 inches wide.
b. 
The top of any portable sign must be less than four feet above grade.
c. 
All lettering shall be done in a professional workmanlike manner.
d. 
Portable signs shall not be permitted on properties containing a single business which has a freestanding sign.
e. 
For properties containing multiple businesses, no more than two portable signs shall be displayed at a time on any lot.
f. 
Portable signs may only be displayed during the hours that the business is open or operating, but shall be removed at sunset.
g. 
Portable signs shall not be illuminated, have flashing lights, emit sound or simulate motion, nor have any attachments adding to their height or width.
h. 
Portable signs must not create a potential hazard to vehicular or pedestrian traffic.
i. 
Signs which do not comply with any provision of this bylaw may be removed immediately and without notice by the Town.
j. 
A permit for a portable sign shall be issued at the discretion of the Building Inspector for a period not to exceed one year and at a fee of $250 annually.

3260 Signs requiring permit in Business, Limited Business, Village Business, Industrial, Limited Industrial, Industrial Park and Research Districts.

Any principal use permitted in the Business, Limited Business, Village Business, Industrial, Limited Industrial, Industrial Park and Research Districts may erect a sign or signs subject to the following:
3261. 
Exterior wall signs.
a. 
First-floor businesses. Except as may otherwise be provided, one primary and two secondary exterior wall-mounted, projecting or roof signs shall be permitted for each first-floor business, not including directional signs, on the building in which the business is located. The total allowed sign face area of all exterior signs is calculated by taking 100% of the primary building frontage, plus 40% of each secondary building frontage, up to a maximum of three total building frontages. The total size of the business signage is shown in Chart A. The primary sign shall represent no more than 75% of the total allowed sign face area. Where more than one business/entity occupies the same physical space and shares the same entry/entries, the total allowed sign face area of all exterior signs shall be the same as if only one business was occupying the space. Secondary signage must be affixed to that portion of a building which is occupied by the business affixing such sign. If the sign is a series of awning valances it is considered one secondary sign. The square footage allowance is for direct-illuminated signs. Those primary or secondary signs which are self-illuminated silhouette or face-lit channel letters shall have their square footage allowance reduced by 1/3. Any lighting for signage shall be dark-sky compliant per the International Dark Sky Association.
CHART A
Building Frontage
(linear feet)
Maximum Area of Total Sign Face
(square feet)
0.1 to 19.9
30
20 to 39.9
33
40 to 59.9
36
60 to 79.9
39
80 to 99.9
42
100 to 119.9
45
120 to 139.9
48
140 to 159.9
51
160 to 179.9
54
180 to 199.9
57
200 to 219.9
60
220 to 239.9
63
240 and above
65
b. 
Second-floor businesses. One primary exterior wall mounted sign shall be permitted for each second-floor business, not to exceed 10 square feet. No such sign shall obscure windows or other architectural elements on a building.
c. 
Methodology for measuring sign face area.
3262. 
Projecting signs. A projecting sign may be erected in lieu of an exterior sign only when such exterior sign is permitted under Subsection 3261, providing it does not exceed 16 square feet per side. The projecting sign shall not extend beyond the top of the roof or ridge line of the building.
3263. 
Directory sign/general directory sign. One directory wall sign on which the sign face shall not exceed one square foot for each occupant identified in the directory. A similarly sized freestanding sign may be erected, provided it is substantially out of view of the public way. If there is a panel supporting a group of individual tenant names, that panel shall not exceed 110% of the aggregate area of the individual names.
3264. 
Directional signs. Directional signs may be erected near a street, driveway or parking area if necessary for the safety and direction of vehicular or pedestrian traffic. The sign face of each directional sign shall not exceed two square feet and no directional sign shall be located more than six feet above ground level if mounted on a wall of a building or more than 3 1/2 feet above the ground if freestanding. Directional signs shall be placed so as to not impair vehicular sight lines.
3265. 
Freestanding signs. One freestanding sign (business center identification or business sign) may be erected on a lot zoned business, industrial, or research, or on a lot containing a primary commercial use that has been permitted by the Town of Sudbury, subject to Subsections 3265A, 3265B and 3266 of this bylaw.
3265A. 
Freestanding business center identification sign. One freestanding business center identification sign may be erected on a lot. The size of the sign face and the setbacks shall not exceed the allowances in Charts B and C (starting with Chart B and proceeding to Chart C).
CHART B
Street Frontage
(linear feet)
Maximum Area of Each Sign Face
(square feet)
0.1 to 74.9
12
75 to 149.9
16
150 to 249.9
20
250 to 349.9
24
350 and above
30
CHART C
If the Area Of the Sign Face In Chart B Does Not Exceed
(square feet)
The Minimum Setback From the Front Property Line Shall Be
(linear feet)
Minimum Setback From Side Property Line Shall Be
(linear feet)
30
20
5
24
16
5
20
12
5
16
8
5
12
4
5
3265B. 
Freestanding business sign. One freestanding business sign may be erected on a lot subject to the following requirements:
a. 
The lot has a minimum of 250 feet of street frontage.
b. 
Building setback must be 20 feet or greater.
c. 
If the lot contains multiple businesses, individual businesses may be represented by separate, removable panels, which shall not exceed 18 inches in height nor be less than eight inches in height.
d. 
All freestanding directory signs shall be wood carved or a synthetic material which matches the aesthetics of a wood sign, and shall not be internally illuminated.
e. 
The size of the sign face and the setbacks shall not exceed the allowances in Charts B and C (starting with Chart B and proceeding to Chart C). The property address shall be included as a sign cap centered on top of the sign, but will not be counted in maximum sign size (not to exceed four square feet).
f. 
Individual business panels shall have a uniform color scheme.
g. 
The freestanding sign shall be incorporated into the landscaping and streetscape of the property, and its location shall be approved by the Design Review Board.
h. 
Individual business panels shall be considered secondary signs for the purposes of calculating total sign allowance in Subsection 3261a.
i. 
No other freestanding signs shall be permitted on the street frontage.
j. 
All existing nonconforming signs must be brought into conformance with the bylaw before approval of the freestanding business sign.
k. 
Any illumination of freestanding signage shall be dark-sky compliant per the International Dark Sky Association.
3266. 
The overall maximum height of any freestanding sign shall not exceed 10 feet, and the distance from the ground to the bottom of the sign shall not exceed 40% of the total height of the sign.

3270 Special provisions.

3271. 
Banners. Any business may have a maximum of one banner mounted on the building facade. Banners may also be erected on light or utility poles on private property displaying common or season themes, up to a maximum of one banner per 50 parking spaces constructed on the premise. Banners erected on public property shall require the approval of the Select Board. Banners may pictorially represent the nature of the business and may only include verbiage to the extent that the block of verbiage does not exceed 15% of the total area of the banner. A banner shall not exceed 15 square feet.

3280 Signs requiring permit in residential districts.

One sign, either attached or freestanding, pertaining to a multiunit development or a permitted nonresidential principal use such as farms, farm stands, nurseries, greenhouses, child-care centers and similar uses may be erected upon a lot, provided no other sign(s) permitted by this bylaw shall be on the same lot. The sign face shall not exceed 10 square feet and, if freestanding, the height shall not exceed 10 feet and the distance from the ground to the bottom of the sign shall not exceed 40% of the height of the sign. The freestanding sign shall not be located within 10 feet of any street or property line.

3290 Special permits.

[Amended 5-6-2024 ATM by Art. 31]
The Zoning Board of Appeals may issue special permits for signs other than as provided herein if it is determined that: (a) the architecture of the building, the location of the building with reference to the street or the nature of the establishment is such that the sign should be permitted in the public interest; (b) the sign will not cause visual confusion, glare, offensive lighting in the neighborhood; (c) the sign will not be a detriment to the surrounding area; (d) the sign will not significantly alter the character of the zoning district; (e) the sign will not interfere with traffic safety in the area; and (f) the sign will be consistent with the architecture of the building on the lot upon which the sign is to be located and of the surrounding area. In granting such special permit, the Zoning Board of Appeals shall specify the size and location of the sign or signs and shall impose such other terms and restrictions as it may deem to be in the public interest. All applications under this provision shall provide the information required in Section 3230 above and specific information in the form of perspectives, renderings, photographs or other representations sufficient to show the nature of the proposed sign, its effect on the immediate surroundings and the reasons for allowing it.

3290A Design guidelines.

The following are further means by which the objectives for signs stated at the beginning of Section 3200 can be served. These guidelines are not mandatory, but degree of compliance with them may be considered by the Design Review Board and by the special permit granting authority in acting upon permits authorized under this section, as may consistency with the basic sign objectives cited above.
3291A. 
Efficient communication.
a. 
Signs should not contain selling slogans or other advertising which is not an integral part of the name or other identification of the enterprise.
b. 
Signs should be simple, neat and avoid distracting elements, so that content can be quickly and easily read.
3292A. 
Environmental relationship.
a. 
Sign design should take into consideration the size, brightness, style, height and colors of other signs in the vicinity.
b. 
Sign brightness should not be excessive in relation to background lighting levels, e.g., averaging not in excess of 100 footlamberts in the commercial area of similarly bright areas and not in excess of 20 footlamberts in unlighted outlying areas and in areas bordering on or visible from residential zones.
3293A. 
Building relationship.
a. 
Signs should be sized and located so as not to interrupt, obscure, or hide the continuity of columns, cornices, roof eaves, sill lines, or other elements of building structure and, where possible, should reflect and emphasize building structural form.
b. 
Sign materials, colors, and lettering should be reflective of the character of the building to which the sign relates.
c. 
Clutter should be avoided by not using support brackets extending above the sign or guy wire and turn buckles.

3290B Nonconformance.

Any nonconforming sign legally erected prior to the adoption of this bylaw may be continued and maintained but shall not be enlarged or altered unless it conforms with the provisions contained herein. The exemption herein granted shall terminate with respect to any sign which:
3291B. 
Shall have been abandoned;
3292B. 
Advertises or calls attention to any products, business or activities which are no longer carried on or sold, whether generally or at the particular premises;
3293B. 
Shall not have been repaired or properly maintained within 60 days after notice to that effect has been given by the Building Inspector;
3294B. 
Has been destroyed or damaged to the extent that the cost of repair or restoration will exceed 1/3 of the replacement value as of the date of destruction.
[Amended 5-6-2024 ATM by Art. 31]

3310 In residence districts.

In all residence districts, no driveway or other access to a way shall serve more than two dwellings or other principal, permitted structures, except as provided by special permit issued pursuant to Sections 5300 and 5400.

3320 In Business, Limited Business, Village Business, Industrial, Limited Industrial, Industrial Park and Research Districts.

[Amended 5-6-2015 ATM by Art. 43]
A common driveway may serve two or more lots used for business, research or industrial use and located in the Business, Limited Business, Village Business, Industrial, Limited Industrial, Industrial Park or Research Districts, provided that the common driveway is no wider than 40 feet at any point where it crosses required open space or any parking setback area required. The Planning Board shall ensure that the common driveway shall not be located or designed to derogate from the intent of the bylaw to provide suitable open space on each site.

3410 General.

No activity shall be permitted in any district unless it shall be in conformity with the standards for environmental protection and development included herein. The Building Inspector may require an applicant for a building permit or certificate of occupancy to supply, at the applicant's expense, such technical evidence as is necessary in support of the application, and may, in connection therewith, and at the applicant's expense, obtain expert advice as necessary to review the plans and proposals of the applicant. Payment of such expert shall be made, or guaranteed by bond or other legally binding device, before further consideration of the application shall continue. After a permit is issued in accordance with this section, continuing compliance is required. When the Building Inspector suspects a subsequent violation, he may, as necessary, obtain expert advice which, if the violation is established, shall be paid for by the violator; otherwise, by the Town.

3420 Standards.

The following standards are hereby established:
3421. 
Water quality. No discharge at any point into any public sewer, private sewerage disposal system, stream, water body, or into the ground of any materials of such nature or temperature as can contaminate such water body or water supply, or cause emission of dangerous or offensive elements in reaction thereto, shall be permitted except in accordance with applicable federal, state, and local health and water pollution control laws and regulations.
3422. 
Air quality. No building permit or certificate of occupancy shall be issued for any facility regulated by the Commonwealth of Massachusetts until written approval for the facility has been obtained from the Department of Public Health. The provisions of said regulations shall apply to dust, flash, gas, fume, mist, odor, smoke, vapor, pollen, microorganism, radioactive material, radiation, heat, sound, any combination thereof, or any decay or reaction product thereof in the ambient air space.
3423. 
Noise. No use shall be permitted within the Town of Sudbury which, by reason of excessive noise generated therefrom, would cause nuisance or hazard to persons or property. The standards of the Department of Environmental Protection set forth at 310 CMR 7.10(1), which prohibit willful or negligent emissions of sound which may cause noise, are hereby adopted by this bylaw. Exempt from the provisions of this subsection are (a) vehicles not controlled by an owner or occupant of a lot within the Town; (b) temporary construction activities occurring during the hours of 7:00 a.m. to 6:00 p.m. on weekdays; (c) occasionally used safety signals, warning devices, emergency pressure relief valves, or other such temporary activity; (d) use of power tools and equipment such as lawn mowers, snowblowers, chain saws, tractors, and similar equipment for the maintenance of property.
3424. 
Solid waste storage. Any accessory receptacle or structure with holding capacity of at least 100 cubic feet for temporary storage of solid or liquid waste materials, including garbage, rubbish, junk, discarded bulk items and similar waste items shall be located not less than 10 feet from any structure or residential property line, and shall be screened from all adjacent premises and streets from which it would otherwise be visible in accordance with Subsection 2240 of this bylaw. Screening materials will not be attached to any structure. All materials which may be edible by or attractive to rodents or insects shall, when stored in or outdoors, be stored in tightly closed containers.
3425. 
No vibration, odor, glare, or flashing shall be detectable without instruments at any lot line of a residential or institutional use. Cinders, dust, fumes, gases, odors, smoke, radiation, refuse or other waste materials shall be effectively confined to the premises and treated or disposed of in accordance with state, federal, and Town laws and regulations. No process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in excess of 10% in line voltage off the premises.
3426. 
All activities involving, and all storage of, inflammable and explosive materials shall be provided with adequate safety devices against hazards from fire and explosion, and with adequate firefighting and fire suppression equipment standard in this industry. Burning of waste materials in the open contrary to state law is prohibited.
3427. 
Site development criteria.
a. 
Natural features conservation. Disruption of existing site features, including particularly the changing of natural topography shall be kept to an absolute practical minimum. Where tree coverage does not exist or has been removed, new planting may be required. Finished site contours shall approximate the character of the site and surrounding properties.
b. 
Vehicular and pedestrian circulation. Pedestrian walkways, streets, driveways, and parking areas shall be carefully designed with respect to topography, proper relation to surrounding streets and pedestrian ways, number of access points to public streets, provision of a clear and efficient street system on the site, adequate widths of drives, separation and attractive parking areas, and proper relation of circulation elements to structures and other site features.
c. 
Siting of structures. All buildings and other structures shall be sited to minimize disruption of the topography, to facilitate natural surface drainage and shall be properly designed for the particular site conditions. Strict attention shall be given to proper functional, visual and spatial relationship of all structures, landscape elements, and paved areas.
d. 
Runoff. Stormwater management for all proposals shall meet or exceed the requirements of the Massachusetts Department of Environmental Protection Stormwater Management Policy. No stormwater runoff in excess of rates existing prior to new construction shall be allowed and no stormwater runoff in excess of rates existing prior to new construction shall be discharged onto a public way or into a public drainage system, unless the Town Engineer assures the Select Board there is sufficient capacity to handle the additional runoff. Permits will not be granted for the construction or alteration of any structure that will cause a change in existing grades and contours which interfere with drainage of water from any public street unless provision is made at the owner's expense for the proper disposal of such water by gutters, ditches, pipes or other necessary drainage structures. The owner will be required to grant the Town any necessary drainage easements.
e. 
Utilities. All electrical utility lines, including but not limited to telephone, power and cable TV, shall be placed underground in new developments. The placement of electrical lines and other underground utility lines such as water, sewerage and gas shall be coordinated whenever possible and desirable among responsible parties. Placement of utilities, including sanitary disposal facilities, shall be done so as to minimize disruption of topography and cutting of trees or undergrowth.
f. 
Outdoor lighting. Outdoor lighting, including lighting on the exterior of a building or lighting in parking areas, shall be arranged to avoid glare and light spilling over to neighboring properties. Except for low-level pedestrian lighting with a height of less than eight feet, all outdoor lighting shall be designed and located so that 1) the luminaire has an angle of cutoff less than 76°; 2) a line drawn from the height of the luminaire, along the angle of cutoff, intersects the ground at a point within the development site and 3) the bare light bulb, lamp or light source is completely shielded from direct view at any point five feet above the ground on neighboring properties or streets. In Village Business Districts, general site lighting fixtures shall be placed no higher than 16 feet above grade.
g. 
Other site features. All service areas, loading areas, outdoor storage, utility structures, mechanical equipment, garbage disposal facilities, or other service or utility facilities shall be located or visually screened so as not to create hazards or visual or other nuisances.

3430 Erosion control.

Site design, materials, and construction processes shall be designed to avoid erosion damage, sedimentation, or uncontrolled surface water runoff by conformance with the following:
3431. 
Grading or construction which will result in final slopes of 15% or greater on 50% or more of lot area, or on 30,000 square feet or more on a single lot, even if less than half the lot area, shall be allowed only under special permit from the Planning Board where such use requires site plan review, or the Planning Board in all other cases, which shall be granted only upon demonstration that adequate provisions have been made to protect against erosion, soil instability, uncontrolled surface water runoff, or other environmental degradation. Applications and plans for such special permits shall be referred to the Conservation Commission for its advisory review.
[Amended 5-6-2015 ATM by Art. 43]
3432. 
All such slopes exceeding 15% which result from site grading or construction activities shall either be covered with topsoil to a depth of four inches and planted with vegetative cover sufficient to prevent erosion or be retained by a wall constructed of masonry, reinforced concrete or treated pile or timber.
3433. 
No area or areas totaling two acres or more on any parcel or contiguous parcels in the same ownership shall have existing vegetation clear-stripped or be filled six inches or more so as to destroy existing vegetation unless in conjunction with agricultural activity, or unless necessarily incidental to construction on the premises under a currently valid building permit, or unless within streets which are either public or designated on an approved subdivision plan, or unless a special permit is approved by the Planning Board on condition that runoff will be controlled, erosion avoided, and either a constructed surface or cover vegetation will be provided not later than the first full spring season immediately following completion of the stripping operation. No stripped area or areas which are allowed by special permit shall remain through the winter without a temporary cover of winter rye or similar plant material being provided for soil control, except in the case of agricultural activity where such temporary cover would be infeasible.
3434. 
The Building Inspector may require the submission of all information from the building permit applicant or the landowner, in addition to that otherwise specified herein, necessary to ensure compliance with these requirements, including, if necessary, elevations of the subject property, description of vegetative cover, and the nature of impoundment basins proposed, if any.
3435. 
In granting a special permit hereunder, the Select Board or the Planning Board shall require a performance bond to ensure compliance with the requirements of this section.
3436. 
Hillside areas, except naturally occurring ledge or bedrock outcroppings or ledge cuts, shall be retained with vegetative cover as follows:
Average Percentage Slope
Minimum Percentage of Land to Remain in Vegetation
10.0 to 14.9
25
15.0 to 19.9
40
20.0 to 24.9
55
25.0 to 29.9
70
30.0 and above
85

3440 Excavations abutting roads.

No excavation lower than the grade of any road upon which such excavation abuts shall be made nearer than 50 feet from such road boundary, and that the slope of any side of the excavation abutting on a road or on adjoining property shall not be steeper than the angle of repose of that particular soil except as may be authorized by the Zoning Board of Appeals.

3510 Purpose.

This section is designed to accomplish the following objectives:
3511. 
To provide a suitable boundary or buffer between residential uses and districts and nearby nonresidential uses;
3512. 
To define the street edge and provide visual connection between nonresidential uses of different architectural styles;
3513. 
To separate different and otherwise incompatible land uses from each other in order to partially or completely reduce potential nuisances such as dirt, dust, litter, noise, glare from motor vehicle headlights, intrusion from artificial light (including ambient glare), or view of unsightly buildings or parking lots;
3514. 
To provide visual relief and a source of shade in parking lots and other areas, and protection from wind in open areas;
3515. 
To preserve or improve the visual and environmental character of Sudbury, as generally viewed from residential or publicly accessible locations; and
3516. 
To offer property owners protection against diminution of property values due to adjacent nonresidential use.

3520 Applicability.

The requirements of this Section 3500 shall apply to any nonresidential use.

3520A General requirements.

3521A. 
Plant materials utilized for screening shall be with species native to Massachusetts to the extent practicable.
3522A. 
Where appropriate, existing vegetation may be retained and used to satisfy these requirements.
3523A. 
The buffer area required herein may contain walks, sewerage, and wells, but no part of any building structure, or paved space intended for or used as a parking area may be located within the buffer area.

3530 Landscaping requirements for property lines.

3531. 
Nonresidential uses shall be screened from residential uses by means of plantings or maintenance of trees of a species appropriate for screening, spaced to minimize visual intrusion, and providing a year-round visual buffer between uses. Such plantings shall be provided and maintained by the owner of the property used for nonresidential purposes. Planted buffer areas along property lines with residential districts or uses shall be of the following minimum depth in each district:
District
BD
LBD
VBD
ID
LID
IP
RD
Buffer size (feet)
20
20
15
30
30
30
30
3532. 
In addition to the buffer requirements above, at least 30% of a lot shall be designated open space, except up to 10% of the open space required may include walkways, patios and terraces.
3533. 
The requirements set forth in Subsection 3531 may be reduced by special permit issued by the Planning Board upon a finding that such reduction will not detract from the objectives of this Section 3500.
[Amended 5-6-2015 ATM by Art. 43]

3540 Landscaping requirements for parking areas.

3541. 
Parking areas with more than 10 spaces shall contain 150 square feet of planted areas for every 1,000 square feet of parking proposed, including aisles, appropriately situated within the parking area. Such planted area shall contain an appropriate mix of trees and other plants.
3542. 
Parking lots, loading areas, storage areas, refuse storage and disposal areas, and service areas shall be screened from view, to the extent feasible, from all public ways, and from adjacent properties, by the use of planted areas, berms, natural contours, fences or a combination of the above.
3543. 
Buffer strips between parking lots and rear or side lot lines shall meet the following specifications:
Number of Spaces in Lot
Depth of Buffer Strip
Up to 10
10 feet
11 to 24
10 feet, plus 1 foot for each space in excess of 10 spaces
25 or more
25 feet
3544. 
The requirements set forth in Subsection 3543 may be reduced by special permit issued by the Planning Board upon a finding that such reduction will not detract from the objectives of this Section 3500.
[Amended 5-6-2015 ATM by Art. 43]

3550 Landscaping requirements for street frontage of nonresidential uses.

A landscaped buffer area, except for approved accessways and walkways, at least 20 feet in width as measured from the layout of the roadway providing frontage, shall be established. The buffer area shall be planted with grass, medium-height shrubs, and trees. Where appropriate, street trees shall be planted at least every 40 feet along the frontage.

3560 Provisions in Village Business Districts.

3561. 
In Village Business Districts, sidewalks shall be constructed of brick, stone, or concrete and be maintained by the owner.
3562. 
Each lot shall have a minimum of 10% pervious surface.
3563. 
In Village Business Districts, open space may include parking areas.

3570 Planted area requirements.

[Amended 5-6-2015 ATM by Art. 43]
Planted areas shall contain an appropriate mix of the following types of plants. Plant species shall be appropriate to the proposed use, siting, soils, and other environmental conditions. Where the Planning Board determines that the planting of trees is impractical, the applicant may substitute shrubbery for trees. Plant species native to Massachusetts are favored.
3571. 
Shrubs and hedges shall be at least 2.5 feet in height at the time of planting and have a spread of at least 18 inches.
3572. 
Existing trees with a caliper of six inches or more shall be preserved wherever feasible.
3573. 
Deciduous trees shall be at least two inches in caliper as measured six inches above the root ball at time of planting. Deciduous trees shall be expected to reach a height of 20 feet within 10 years after planting. Evergreens shall be a minimum of eight feet in height at the time of planting.

3580 Screening of open uses.

In all nonresidential districts, parking lots and any open storage or display of junk (including wrecked automobiles, scrap iron, used paper or rags) or of other material whose open storage or display is deemed by the Planning Board as creating a substantial visual nuisance shall be completely screened from view at normal eye level from any public or private street or any premises, other than that on which located. Any other business or industrial use conducted outside a completely enclosed building (including open displays, signs, service operations, storage, parking and manufacturing) shall, if normally visible at eye level from any point within a Single Residence District and less than 150 feet distant, be completely screened from such view, except where the business or industrial use is separated from the Single Residence District by a public street having a width of 40 feet or more. Screening required under this section shall be by an evergreen planting fence or other suitable, visual barrier. In Industrial Park Districts, screening required under this section shall be such that the use being screened is not visible at any time at normal eye level from any point within a Single Residence District and less than 150 feet distant from the boundary of the Industrial Park District.

3590 Coordination with site plan approval.

[Amended 5-6-2015 ATM by Art. 43]
The Planning Board may require a landscaping plan as part of the overall site plan for the premises. Such landscaping plan shall be at a scale sufficient to determine compliance with the specifications set forth in this Section 3500.

3590A Maintenance of landscaped areas.

The owner of the property used for nonresidential purposes shall be responsible for the maintenance, repair and replacement of all landscaping materials installed in accordance with this Section 3500. All plant materials required by this chapter shall be maintained in a healthful condition. Dead limbs, refuse and debris shall be promptly removed. Dead plantings shall be replaced with new live plantings at the earliest appropriate season. Bark mulch and nonplant ground surface materials shall be maintained so as to control weed growth.