Sunderland City Zoning Code
ARTICLE III
General Regulations
§ 125-III-1 Parking and Loading Requirements.
A.
General - Adequate off-street parking must be provided to service all parking demand created by new construction, whether through new structures or additions to old ones, and by the change of use of existing structures.
[Amended 10-21-1993 STM, Art. 16]
(1)
Such parking shall be on the same premises as the activity which it serves or within three hundred (300) feet on a separate parcel, which may be jointly used with other premises for this purpose, provided that the continued joint use of such parcel be ensured through an agreement recorded in the Registry of Deeds.
(2)
No parking or garaging of any vehicle in excess of fifteen thousand (15,000) pounds gross vehicle weight shall be permitted in the VC, VR and RR Districts except by special permit.
B.
Schedule of Parking Area Requirements - In applying for a building or occupancy permit, the applicant must demonstrate that the following minimums will be met for the new demand without counting existing parking. However, these minimums may be reduced by the Special Permit Granting Authority (Planning Board or Zoning Board of Appeals as specified in these Bylaws) upon its determination that special circumstances render a lesser provision adequate for all parking needs.
[Amended 11-29-1999 STM, Art. 1; 4-29-2005 ATM, Art. 28]
(1)
Dwellings: two (2) spaces per dwelling unit.
(2)
Motels, hotels and lodging houses: one (1) space per guest unit, plus one (1) additional space per eight (8) guest units or fraction thereof.
(3)
Professional offices: one (1) space per one hundred fifty (150) square feet of leasable floor area.
(4)
Retail stores and offices: one (1) space per two hundred (200) square feet of leasable floor area.
(5)
Places of assembly: one (1) space per three (3) seats, or one (1) space per 12 square feet of seating area, whichever is greater.
(6)
Hospitals: one (1) space per bed.
(7)
Nursing homes: one (1) space per four (4) beds.
(8)
Bowling alleys: four (4) spaces per lane.
(9)
All others: as determined by the Building Inspector.
C.
Parking Area Design - No off-street parking area shall be maintained within twenty (20) feet of a street right-of-way line. All required parking areas, except those serving single-family residences, shall be paved and have bumper or wheel guards where necessary for safety reasons or to prevent damage to structures.
[Amended 2-3-1993 STM, Art. 3; 11-29-1999 STM, Art. 1]
(1)
Parking area use shall not require backing onto a public way.
(2)
Driveways.
(a)
Center lines of driveways egressing onto a state-numbered or state-maintained highway or onto a street improved under the Chapter 90 program, shall observe minimum separations as follows, unless precluded by lot configuration in existence on the date of adoption of this Zoning Bylaw:
[1]
From other such driveways:
[a]
Same side of the road: five hundred (500) feet.
[b]
Opposite side of the road: directly opposite or two hundred fifty (250) feet in either direction.
[2]
From the intersecting street side line: two hundred fifty (250) feet.
(b)
No existing parcel shall be subdivided into lots with frontage which would preclude meeting these requirements unless access rights-of-way are provided across adjoining lots. Driveways subject to this section shall have four hundred (400) feet of visibility in each travel direction and shall each comprise not more than two (2) travel lanes, each not more than twelve (12) feet in width at the lot line.
(3)
Parking lots for eight (8) or more cars shall be screened from any residential use or district which is abutting or separated from it only by a street. Screening shall be by a four-foot wide planting strip maintained with densely planted shrubs four (4) feet high or greater or by a fence not less than four (4) feet high and shall be landscaped as required by § 125-Article III-3-F, Landscaping.
(4)
Parking for rear lots in a Commercial or Village Center District shall be a minimum of forty (40) feet from all residential districts. Screening for parking areas adjacent to residential and Village Center Districts shall be provided by the planting of dense, hardy evergreens, no more than six (6) feet on center and no less than five (5) feet in height.
[Amended 4-29-2005 ATM, Art. 28]
(5)
Parking lots shall be designed so as not to direct drainage onto adjacent properties through the use of swales, retention areas and other drainage methods to control stormwater runoff.
(6)
Driveways for rear lots shall be screened from adjacent residential districts by a buffer a minimum of ten (10) feet wide which shall be densely planted and maintained with shrubs not less than five (5) feet high.
(7)
Parking for nonresidential uses shall be located to the rear or side of the lot to the maximum extent possible.
[Added 4-29-2005 ATM, Art. 28]
D.
Loading Requirements - Adequate off-street loading facilities and space must be provided to service all needs created by new construction, alterations to existing structures, or by change of use of existing structures. Facilities shall be so sized and arranged that no trucks need back onto or off of a public way or be parked on a public way while loading, unloading or waiting to do so.
[Amended 2-3-1993 STM, Art. 3; 11-29-1999 STM, Art. 1]
(1)
On rear lots in a Commercial or Village Center District, no off-street loading facility shall be located on the side of a building facing towards a residential district.
E.
Lighting.
[Added 2-3-1993 STM, Art. 3; amended 4-29-2005 ATM, Art. 28]
(1)
Any outdoor lighting fixture newly installed or replaced shall be shielded so that it does not produce a strong, direct light beyond the property boundaries and the light emitted shall be white in color.
(2)
No light standard shall be taller than sixteen (16) feet.
(3)
Lighting fixtures shall be consistent with the historic character of the district.
(4)
No uplighting of signs or buildings shall be permitted.
F.
Landscaping - Landscaping required for parking areas shall be in accordance with § 125-Article III-3-F, Landscaping.
[Added 11-29-1999 STM, Art. 1]
G.
Pedestrian Access - Provision for safe and convenient pedestrian access shall be provided according to the requirements of § 125-Article VI-1-B, Site Plan Review.
[Added 4-29-2005 ATM, Art. 28]
§ 125-III-2 Signs.
A.
Residential Districts - In residential districts, including lots in the Village Center District whose primary access is not from Route 116, the following signs are permitted:
[Amended 4-27-1984 ATM, Art. 24; 11-29-1999 STM, Art. 1]
(1)
For a residence or permitted accessory use, one (1) sign not over four (4) square feet in area is allowed.
(2)
For permitted buildings, structures and uses of the premises other than one- or two-family dwellings and accessory uses, one (1) sign not over ten (10) square feet in area is allowed.
(3)
Temporary, unlighted signs pertaining to the construction, lease or sale of the premises are allowed, provided that such signs do not exceed sixteen (16) square feet in total area.
(4)
No sign in residential districts shall be illuminated after 9:00 p.m.
[Added 4-27-1984 ATM, Art. 25; formerly located in Subsection 2-C-(6).]
B.
Commercial Districts - In commercial districts, including lots in the Village Center District whose primary access is from Route 116, signs advertising the name of the firm and the products and services produced or available on the premises are permitted only as follows:
[Amended 4-29-1983 ATM, Art. 16; 4-27-1990 ATM, Art. 15]
(1)
Signs or advertising devices attached to structures.
[Amended 4-29-2005 ATM, Art. 28]
(a)
One (1) sign or advertising device attached flat against the wall of a building which does not project above the wall to which it is attached and which does not project more than twenty-four (24) inches from the building will be allowed for each firm or business on the premises with the following conditions:
[1]
No single sign shall exceed thirty-six (36) square feet in area.
[2]
In no case shall the total area of such sign(s) for a business or business complex exceed one-half (0.5) square feet in total area per foot of lot frontage.
(b)
One (1) additional sign for each firm may be attached to a marquee which is an integral part of the building or attached flat against the wall next to the entranceway, provided that the total area of such a sign does not exceed four (4) square feet in area.
(2)
In addition, one (1) sign or other advertising device of a freestanding nature may be erected:
(a)
For a business complex, a sign with the name of the complex [this portion of the sign cannot exceed twenty (20) square feet in area and five (5) feet in length], beneath which the name of each firm or business in the complex may be incorporated or attached. Such names shall be in letters not to exceed three (3) inches in width and four (4) inches in height, and the total length of such names shall not exceed the width of the business complex sign.
[Amended 4-29-2005 ATM, Art. 28]
(b)
For a business or firm not within a business complex, a sign or advertising device not to exceed twenty (20) square feet in area or five (5) feet in length.
[Amended 4-29-2005 ATM, Art. 28]
(c)
All such freestanding signs:
[1]
Shall be located in accordance with the minimum yard setback requirements.
[Amended 11-29-1999 STM, Art. 1]
[2]
Shall have bottom capping at least thirty (30) inches off the ground. The intervening space may be filled with open lattice work or platform decorative trim.
[3]
Shall not exceed fifteen (15) feet in height.
[4]
Shall not block visibility in either travel direction.
(d)
In lieu of a freestanding sign, one (1) sign may be placed above a one-story commercial building, provided that the area of said sign does not exceed sixteen (16) square feet in area and it is not more than fifteen (15) feet above the ground.
[Amended 11-29-1999 STM, Art. 1]
C.
General Sign Restrictions.
(1)
Signs, announcements or bulletin boards not exceeding sixteen (16) square feet in area are allowed in all zoning districts in connection with public, charitable or religious uses.
(2)
No sign or advertising device shall project over any pedestrian or vehicular way customarily used by the public.
(3)
No exterior sign or advertising device shall incorporate motion or be lighted by flashing or blinking lights or utilize a change in light intensity.
(4)
All illumination of signs or other advertising devices shall be shielded or indirect. No uplighting of signs shall be permitted.
(5)
No nonaccessory sign or billboard shall be allowed.
[Editor's Note: Former Paragraph (6) moved to Subsection 2-A(4) Residential Districts.] |
(6)
No exterior sign shall be illuminated during the hours the business is not open.
[Added 4-27-1984 ATM, Art. 26]
(7)
Street signs at intersections for public or private ways serving three (3) or more dwelling units shall be allowed in all districts. Such signs are not to exceed two (2) feet six (6) inches in length or ten (10) inches in width. They shall be placed not less than seven (7) feet nor more than eight (8) feet from ground level.
[Added 4-27-1990 ATM, Art. 16]
D.
Signs Allowed with Special Permit - The Board of Appeals may grant special permits as follows:
(1)
For changes in existing signs on nonconforming uses in Residential and Village Center Districts, provided that such changes are within the limits established for the Commercial Districts and not detrimental to the neighborhood.
[Amended 11-29-1999 STM, Art. 1]
(2)
For a directional or identification sign in any district where such sign will serve the public convenience and not be detrimental to the neighborhood with respect to size, location or design.
(3)
Signs for allowed business uses within the Village Center District on parcels with primary access from roads other than Route 116, provided that the signs meet all requirements established for commercial districts and they are not detrimental to the neighborhood.
E.
Temporary Signs - Temporary signs are allowed only if conforming to the requirements of permanent signs for the district unless otherwise allowed for in this section. Temporary signs may be used in addition to other signs but must conform to the following conditions:
[Amended 4-27-1990 ATM, Art, 17; 4-13-1993 STM, Art. 43]
(1)
Signs up to sixteen (16) square feet advertising rental or sale of the premises are permitted. Such signs must be removed within seven (7) days after the sale or leasing of the property.
(2)
Signs up to thirty-two (32) square feet may be used to advertise public, religious and/or charitable events and left in place for no more than thirty (30) days.
(3)
Signs advertising seasonal farm stands may be up to thirty-two (32) square feet if in the Commercial District and up to sixteen (16) square feet if in a Residential or Village Center District and left in place during the growing season or for not more than six (6) months, whichever is shorter.
(4)
Contractor's signs shall not exceed sixteen (16) square feet in area, and only one (1) sign per property may be used, and it must be removed within seven (7) days of completion of the work.
(5)
Traffic control signs for special events, not to exceed nine (9) square feet in area, may be in place twenty-four (24) hours before the event and must be removed within forty-eight (48) hours after the event.
(6)
Political signs not exceeding sixteen (16) square feet in area may be in place for no more than a total of thirty (30) days and must be removed within seven (7) days following the polling date.
(7)
Temporary signs painted or placed inside a window, but facing the outside, are not to exceed fifty percent (50%) of the window area.
(8)
All temporary signs over ten (10) feet high will require a building permit.
§ 125-III-3 Environmental Controls.
A.
Erosion Control - Site design and materials and construction processes shall be designed to avoid erosion damage, sedimentation or uncontrolled surface water runoff.
(1)
Grading or construction which will result in slopes of twenty-five percent (25%) or greater should be minimized to the extent possible. Grading or construction which will result in slopes of twenty-five percent (25%) or greater on fifty percent (50%) or more of the lot area or on thirty-two thousand (32,000) square feet or more of a single parcel, even if less than half of the lot area, shall be allowed only under special permit from the Board of Appeals, 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 11-29-1999 STM, Art. 1]
(2)
All slopes exceeding fifteen percent (15%) resulting from site grading shall either be covered with topsoil to a depth of four (4) inches and planted with vegetative cover sufficient to prevent erosion or be retained by a wall constructed of masonry or reinforced concrete.
[Amended 11-29-1999 STM, Art. 1]
(3)
No area or areas totaling two (2) acres or more on any parcel or contiguous parcels in the same ownership shall have existing vegetation clear-stripped or be filled six (6) 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 Board of Appeals on the 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.
(4)
The Building Inspector shall require information of the applicant, in addition to that specified in § 125-Article VI-1-B, Site Plan Review, as necessary for him to ensure compliance with these requirements, including, if necessary, elevations at key locations, description of vegetative cover and the nature of impoundment basins proposed, if any.
(5)
Where resultant site grades will exceed fifteen percent (15%), the Town shall require a performance bond to ensure compliance with these requirements.
(6)
Hillside areas shall be retained with vegetative cover as follows:
Average Slope (percent) | Minimum Percentage of Land to Remain in Vegetation | |
|---|---|---|
10.0 - 14.9 | 25% | |
15.0 - 19.9 | 40% | |
20.0 - 24.9 | 55% | |
25.0 - 29.9 | 70% | |
30.0 and above | 85% |
B.
Riverfront and Stream Protection - No structure or parking area for eight (8) or more cars, other than wharves or other structures requiring proximity to the river, shall be constructed within one hundred (100) feet of the mean high water line of the Connecticut River. No leaching field shall be located within one hundred (100) horizontal feet of any year-round stream or river. No dwelling or other nonagricultural structure shall be constructed within the lesser of three hundred (300) feet of the mean high water line of the Connecticut River or one-half (1/2) the distance between the mean high water line of the Connecticut River and the nearest Town road running parallel to the Connecticut River. The preceding sentence shall not apply to a dwelling or other nonagricultural structure on a lot fronting on School Street, Bridge Street or Old Ferry Road. No dwelling or other nonagricultural structure shall be constructed within three hundred (300) feet of Long Plain Brook.
[Amended 9-27-1979 STM, Art. 14; 6-19-1980 STM, Art. 1; 4-30-1982 ATM, Art. 21]
C.
Floodplains - Development within the one-hundred-year floodplain (land subject to a one-percent or greater chance of flooding in any given year), as shown on flood insurance maps issued by the Federal Insurance Administration (on file with the Planning Board, Building Inspector and Town Clerk), shall be allowed only if authorized by a special permit from the Board of Appeals. Such special permit shall be granted only upon determination by the Board of Appeals that the proposed development meets all other applicable requirements and will constitute no hazard to either site occupants or others. Where base flood elevation data is not provided on the above map, the applicant shall obtain any existing base flood elevation data, and it shall be reviewed by the Building Inspector for its reasonable utilization toward meeting the elevation or floodproofing requirements, as appropriate, of the State Building Code. [See also Ch. 157, Flood Hazard Areas, for requirements for water supply and sanitary sewerage systems.]
[Added 6-19-1980 STM, Art. 1]
D.
Floodways - Within any floodway designated on Flood Boundary and Floodway Maps issued by the Federal Insurance Administration (on file with the Planning Board, Building Inspector and Town Clerk), all encroachments, including fill, new construction, substantial improvements to existing structures and other development, are prohibited unless certification by a registered professional engineer or architect is provided by the applicant demonstrating that such encroachment shall not result in any increase in flood levels during the occurrence of the one-hundred-year flood and that any encroachment complies with the floodplain requirements of the State Building Code. [See also Ch. 157, Flood Hazard Areas, for requirements for water supply and sanitary sewerage systems.]
[Added 6-19-1980 STM, Art. 1]
E.
Disturbances and Noise - No use shall be allowed if it will cause sound, noise, vibration, odor or flashing (except for warning devices, temporary construction or maintenance work, parades, or recreational or agricultural activities) perceptible without instruments more than two hundred (200) feet from the boundaries of the originating premises if in a commercial district. For uses adjacent to or within a residential or Village Center District, no use will be allowed which causes sound, noise, vibration, odor or flashing perceptible without instruments beyond the boundaries of the originating premises. However, the Zoning Board of Appeals may grant a special permit for gravel mining operations not meeting these standards in cases where the Zoning Board of Appeals determines that no objectionable conditions are thereby created for the use of other affected properties and provided that a plan is cooperatively developed between the applicant and any affected abutters that addresses hours of operation, protection of groundwater, exterior lighting, storage of hazardous materials, landscaping and berms to reduce noise, and phasing and reclamation standards. If a plan cannot be cooperatively developed between the applicant and the affected abutters, the Zoning Board of Appeals may develop a plan, which is acceptable to itself, that addresses hours of operation, protection of groundwater, exterior lighting, storage of hazardous materials, landscaping and berms to reduce noise, and phasing and reclamation standards.
[Amended 11-29-1999 STM, Art. 1]
F.
Landscaping.
(1)
Parking lots for eight (8) or more cars shall contain or be bordered within five (5) feet by at least one (1) tree per four (4) cars. Trees shall be of two-inch caliper or larger and at least fifteen (15) feet in height. Trees planted within the parking area, shall be planted in curbed soil plots providing not less than forty (40) square feet of unpaved soil area per tree. The interior of parking lots with more than twelve (12) spaces shall be landscaped to provide shade and visual relief by planting at least one shade tree in a curbed soil plot or peninsula for each six (6) parking spaces. For example a parking lot containing twelve (12) parking spaces would have at least two (2) trees planted within the interior and one tree planted on the perimeter, for a total of at least three trees. See also § 125-Article-III-1, Parking and Loading Requirements.
[Amended 11-29-1999 STM, Art. 1; 4-29-2005 ATM, Art. 28]
(2)
All outdoor sales display areas and all commercial outdoor recreation must be screened from any adjacent residential use or district by a wall, fence or densely planted evergreen trees or by shrubs three (3) feet or more in height or be equivalently obscured by natural vegetation. Contractor's yards, open storage and loading or service yards shall be similarly screened from any adjacent residential district or use and from any public way from which they would otherwise be visible and shall not be located within any required front yard.
(3)
For commercial uses, a landscaped buffer strip at least fifteen (15) feet wide, continuous except for approved driveways, shall be established adjacent to any public road to visually separate parking and other uses from the road. The buffer strip shall be planted with grass, medium height shrubs [minimum four (4) feet in height planted at least five (5) feet on center] and shade trees [minimum two-inch caliper, planted at least every fifty (50) feet along the road frontage]. Artificial trees or plants may not be used to meet these requirements. At all street or driveway intersections, trees or shrubs shall be set back a sufficient distance from such intersections so that they do not present a traffic visibility hazard.
[Added 2-3-1993 STM, Art. 4; amended 11-29-1999 STM, Art. 1]
(4)
A buffer zone and screening shall be required for commercial uses on any lot in a Commercial District where it adjoins a lot in a residential district. The buffer zone shall be at least thirty (30) feet wide, except for driveways which shall be screened as noted in § 125-Article III-1-C-(6), Parking Area Design. Adjacent to residential structures in residential districts, the screen shall contain plantings or a wall, fence or berm complemented with plantings. The screen shall be of sufficient density to provide at least seventy-five percent (75%) of continuous opacity at a height of not less than five (5) feet.
[Added 2-3-1993 STM, Art. 4; amended 11-29-1999 STM, Art. 1]
(5)
The above screening requirement (but not the buffer zone) shall also apply to a lot in any Commercial or Village Center District for a new commercial or institutional use where it adjoins an existing residence.
[Added 2-3-1993 STM, Art. 4; amended 11-29-1999 STM, Art. 1]
(6)
All landscaped areas shall be maintained. Shrubs or trees which die shall be replaced by the owner or occupant within one (1) growing season.
[Added 2-3-1993 STM, Art. 4]
G.
Earth Removal or Addition - The removal or addition from any premises of more than fifty (50) cubic yards of sand, gravel, stone, topsoil or similar materials within any twelve-month period shall be allowed only with a special permit from the Board of Appeals. If a special permit for removal or addition is granted, the following shall be required:
[Amended 4-26-1985 ATM, Art. 10; 4-29-2011 ATM, Art. 7]
(1)
The application shall be accompanied by a plan or plans indicating existing topography, base grades below which no excavation will take place, proposed topography upon completion and existing and proposed cover vegetation.
(2)
Excavation areas and processing equipment shall be screened by buffer strips or other means, and noise and dust shall be controlled to meet the requirements of § 125-Article III-3-E, Disturbances and Noise.
(3)
Following removal or addition of materials, all impacted areas shall be restored by grading to provide for drainage and for slopes not to exceed one (1) foot vertical to two (2) feet horizontal and by covering with four (4) inches of topsoil and by planting with cover vegetation, which shall be established prior to the release of the bond.
(4)
A performance bond shall be posted in an amount sufficient to assure satisfactory fulfillment of the above.
H.
Radioactive Waste Disposal - No land within the Town of Sunderland may be used for the collection, treatment, storage, burial, incineration or disposal of radioactive wastes, including, but not limited to, low-level waste. [See also Ch. 95, Recycling; Ch. 164, Landfill; and Ch. A203, Rubbish, Collection of.]
[Added 4-30-1982 ATM, Art. 22; amended 11-29-1999 STM, Art. 1]
§ 125-III-4 Mobile Homes and Campers.
A.
Mobile Homes - Mobile homes or similar mobile structures designed for living or business use shall not be parked, stored or occupied for living or business purposes, except:
[Amended 4-27-1984 ATM, Art. 29; 11-29-1999 STM, Art. 1]
(1)
If granted a temporary permit by the Select Board, a mobile home or mobile structure may be occupied incidental to construction of a permanent structure on the premises for a period not to exceed one (1) year or for a period not to exceed thirty (30) days in any calendar year, in conjunction with a carnival, blood bank or similar function.
(2)
A mobile home may be stored accessory to a residence for a period not to exceed six (6) months, provided that it is not placed within a required yard as designated in § 125-Article II-3-E, Dimensional Schedule, or occupied.
B.
Campers and Campgrounds.
(1)
Campers - Campers may be occupied either in a campground or by nonpaying guests accessory to a residence for up to thirty (30) days in any calendar year. Campers may be stored accessory to a residence.
(2)
Campgrounds - Campgrounds are allowed only with a special permit from the Board of Appeals and following approval by the Board of Health and shall conform to the following minimum requirements:
(a)
The minimum area of the parcel shall be five (5) acres.
(b)
Each rental plot shall be at least six thousand (6,000) square feet.
(c)
Campers shall not be placed within eighty (80) feet of a street or other lot line, unless dense natural vegetation or topography provide effective screening, in which case a forty-foot separation may be allowed.
§ 125-III-5 Unregistered Motor Vehicles.
[See also Ch. 119, Vehicles, Unregistered.] No person shall permit more than one (1) unregistered motor vehicle or trailer or major parts thereof, except for farm vehicles, to remain ungaraged on his premises at any time unless under a Class 1 or Class 2 license for sale of motor vehicles (MGL c. 140, §§ 57 through 69), or unless given written authorization by the Select Board, which shall be granted only if no hazard to health or safety is involved and no unsightly conditions visible from adjacent property or public ways are created.