Taunton City Zoning Code
ARTICLE VII
General Provisions
§ 440-701 Land clearing.
Land clearing or clear-cutting of trees and excavation, gravel removal, or filling of earth, in anticipation of any use permitted or authorized by special permit of this chapter, or laws of the commonwealth, is prohibited prior to the issuance of all required approvals, permits, variances, licenses and authorizations. Limited clearing and excavation are allowed for the purpose of obtaining necessary survey and engineering data or other activities required to secure necessary permits.
To the extent practicable, development shall be located to preserve and enhance the natural features on the site, to avoid disturbances of environmentally sensitive areas, to minimize adverse impacts of development on adjoining properties, to minimize the alteration of natural features on the site and to preserve and enhance scenic points, preserve on-site mature trees, and to provide for the planting of canopy trees on the site. Increasing tree canopy reduces the flow of water, keeps the water cleaner and decreases stormwater runoff. Managing the existing tree cover on site is a natural way to maintain the quality of the urban ecosystem.[1]
§ 440-702 Landscaping requirements.
The City recognizes the aesthetic, ecological, and economic values of landscaping and requires its use to promote the reestablishment of vegetation in urban areas for aesthetic, health, and urban wildlife reasons; establish and enhance a pleasant visual character which recognizes aesthetics and safety issues; promote compatibility between land uses by reducing the visual, noise, and lighting impacts of specific development on users of the site and abutting uses; unify development and enhance and define public and private spaces; promote the retention and use of existing vegetation; aid in energy conservation by producing shade from the sun and shelter from the wind; restore natural communities through reestablishment of native plants; and mitigate for loss of natural resource values. The landscaped buffer and parking lot landscaping requirements in Subsections A and B are applicable in all zoning districts unless specifically noted otherwise.
Landscaped buffer area.
Buffer width is based on the following use intensity classifications:
Class 1: This class includes, but is not limited to, cemeteries, golf courses, passive recreation areas, nurseries, and single- and two-family homes.
Class 2: This class includes, but is not limited to, offices under three stories, institutions, public facilities, including playgrounds and swimming pools, and multifamily dwellings with fewer than six units.
Class 3: This class includes neighborhood commercial and service activities, including but not limited to retail operations, restaurants and banks without drive-up windows, convenience stores without gasoline sales, offices three stories and over, and multifamily developments in excess of six units.
Class 4: This class includes assisted living and commercial activities with higher vehicle traffic, including but not limited to automobile sales and/or repair, car washes, hotels and motels, light manufacturing, research facilities, and shopping centers.
Class 5: This class includes, but is not limited to, industrial uses, manufacturing, heavy manufacturing, truck terminals, mobile homes, vehicle sales, heavy equipment sales, facilities involving outdoor storage, warehousing/distribution and outdoor commercial recreation establishments.
Class 6: This class includes, but is not limited to, any activity abutting an open space district, junkyards, salvage operations, garbage incineration/reduction, and adult entertainment.
Required buffer width.
Buffer Width (feet) | ||||
|---|---|---|---|---|
Use Intensity | Front | Side | Rear | |
Class 1 | 0 | 0 | 0 | |
Class 2 | 10 | 10 | 10 | |
Class 3 | 10 | 15 | 15 | |
Class 4 | 15 | 25 | 25 | |
Class 5 | 20 | 40 | 40 | |
Class 6 | 25 | 60 | 60 | |
The approving authority, at the time of site plan approval, may reduce buffer widths and required plantings by up to 50% if the site plan indicates earthen berming, alternate landscaping, walls, fencing or topographic features which will achieve the intent of this section and are designed to complement adjacent properties. Earthen berms may not exceed a slope of two to one and must have a crown of at least two feet.
Properties located in the Central Business District shall be exempt from the landscape buffer requirements in this section.
Natural tree coverage and other desirable natural foliage shall be preserved on all lots to the maximum extent possible. Plans shall be designed accordingly.
In all required buffer zones, the natural foliage shall be maintained to the maximum extent possible. Mature woodlands shall not be thinned by more than 50%. If woodlands are located within the minimum landscaped buffer area, preservation may substitute for the required plantings.
In required buffer zones, where dense mature foliage does not exist, two canopy trees, a minimum of 10 feet in height, and five understory trees/shrubs, a minimum of two feet in height, shall be placed so as not to screen or block the line of sight for vehicles entering and exiting the site and shall be planted for every 500 square feet of buffer zone. Plant species shall be approved prior to planting.
[Amended 5-21-2024]
Within 30 days of approval and installation of required plantings, the applicant/petitioner installing the required plants must submit a written certification to the City Planner that healthy plants were installed. All planting requirements are enforced by the Zoning Enforcement Officer.
Parking lots. All parking lots consisting of 10 or more parking spaces shall provide 200 square feet of interior landscaping for every 10 spaces. These landscaping areas shall contain a minimum of two canopy trees, a minimum of 10 feet in height, and two understory trees/shrubs, a minimum of two feet in height. To prevent cars from parking too close to trees or damaging shrubs, a curb or wheelstop shall be provided for interior parking lot landscaped islands.
[Amended 5-21-2024]
Agricultural uses. All structures, pens, stables, and the like housing farm animals in any residential zone shall be set back 300 feet from the nearest residential structure on an adjacent lot.
Animal kennel/pound.
Special permits for an animal kennel/pound shall be issued in accordance with § 191-8 of the Revised Ordinances for the City of Taunton. An application for a kennel license shall include a plot plan showing the location of the kennel and the distance of the kennel from the nearest adjacent residential dwellings. The application and the plot plan shall be submitted to the City Planner and the Animal Control Officer. The City Planner shall review the application and plot plan for zoning compliance and shall issue a zoning compliance form for review by the SPGA. The Animal Control Officer shall investigate and verify the information provided on the kennel license application and plot plan and shall make his/her recommendation to the SPGA as to whether the special permit should be granted. The City Planner shall submit a zoning compliance form and the Animal Control Officer shall make his/her recommendation to the SPGA within 20 days of receipt of the application.
A special permit for a kennel shall be issued only following a public hearing held within 65 days after filing of an application with the SPGA. The SPGA shall make decisions and execute final actions within 90 days of the public hearing. The applicant shall submit a kennel license application and plot plan to the Municipal Council and shall forthwith give a copy of the application and plot plan to the City Clerk, City Planner, and Animal Control Officer. The applicant shall be responsible for all costs of notice and publication.
§ 440-703 Corner lots.
[Amended 5-21-2024]
To assure safe view of vehicles and of pedestrians across the corner, no shrub two feet overall diameter or larger and no hedge or fence shall extend higher than two feet above the main finished pavement center-line grade throughout that part of the front yard required on such lot 50 feet along the street frontage of each such yard from their street corner, unless:
The fence is a wire fence in which the openings are not less than four inches' minimum dimension;
The fence is a wire fence that has openings that are not less than two inches' minimum diameter and is set back at least five feet from the corner property line; or
Any fence is set back at least 10 feet from the corner property line.
§ 440-704 Off-street parking.
Parking and loading requirements.
[Amended 6-14-2016]
Minimum parking requirements.
In all districts except for the Central Business District must be provided on site.
Residential units: two spaces per unit.
Assisted living: one space per unit.
Retail: minimum three spaces, plus one space per 300 square feet over 600 square feet gross floor area.
Office: minimum three spaces, plus one space per 500 square feet over 1,000 square feet gross floor area.
Industrial uses: minimum three spaces, plus one space per 850 square feet over 1,700 square feet gross floor area.
Restaurant, hotel restaurant, cafeteria, hall, club, theater, bowling alley or other place of assembly: spaces equal in number to not less than half the seating capacity of each such establishment.
Miscellaneous uses: minimum three spaces, plus one space per 400 square feet over 800 square feet gross floor area.
Minimum parking requirements in Central Business District.
Residential units: one space per unit.
Assisted living: one space per unit.
Retail: one space per 300 square feet over 2,500 square feet gross floor area.
Office: one space per 300 square feet over 1,000 square feet gross floor area.
Industrial uses: minimum three spaces, plus one space per 850 square feet over 1,700 square feet gross floor area.
Restaurants, hotel restaurant, cafeteria, hall, club, theater, bowling alley or other place of assembly: spaces equal in number to not less than 1/4 the seating capacity of each such establishment.
Miscellaneous uses: one space per 400 square feet over 800 square feet gross floor area.
Special provisions.
An off-street parking area containing 162 square feet of paved surface, exclusive of driveways, shall be provided for each motor vehicle stored overnight or longer by an occupant of the premises.
Parking and loading areas are to be graded, subsurfaced, with a nondusting material, drained and suitably maintained to the extent necessary to avoid nuisance of dust, erosion, or any water flow onto streets or adjoining properties.
A parking area shall not be designed to interfere with loading or unloading zones, access driveways, or egress and ingress to the site.
No loading platform or receiving door shall be located in any front yard or on the street side of any retail store or other commercial building except a gasoline filling station.
In the Central Business District, for buildings in existence in their current size and bulk as of January 1, 2016, off-street parking requirements may be satisfied if an off-street municipal parking lot exists within 500 feet of the proposed use.
[Added 6-14-2016]
In the Business District and Central Business District parking may be waived or reduced by the special permit or site plan review granting authority.
In Industrial Districts the following areas may be excluded in figuring the gross floor area: hallways, lobbies, boiler rooms and other unoccupiable space which shall be determined by the Building Commissioner or City Planner.
Residential uses.
In all residentially utilized properties, not more than one motor vehicle per lot dwelling unit shall be a vehicle in commercial use, and said vehicle shall not exceed 7,000 pounds actual vehicle weight, exclusive of payload. Motor vehicles shall include tractors, backhoes and other heavy equipment.
Trailers. In all residentially utilized properties, not more than one utility trailer per lot shall be allowed. Utility trailers shall not be parked in the front yard. This shall not include boat trailers and camping trailers.
[Amended 4-19-2022]
These limitations shall not apply to farm or garden motor vehicles or motorized garden equipment when parked or stored within the boundaries of the farm, garden or home lot on which it is being used.
The minimum parking requirement must be met on site.
No more than 60% of front yard may be utilized for parking and egress.
[Added 5-21-2024]
Unregistered motor vehicle.
Residential property. The unenclosed off-street parking of not more than one operable motor vehicle not registered under MGL c. 90 shall be a permitted accessory use on all conforming or legal nonconforming residential property. For the purpose of this subsection, "operable motor vehicle" shall be defined as a motor vehicle which sets on inflated tires and has a functional engine. All unregistered motor vehicles or disassembled parts thereof that do not meet the above criteria are not permitted.
[Amended 6-23-2015]
Commercial and industrial lots. The off-street parking of an operable motor vehicle or automobile parts not registered under MGL c. 90 shall be prohibited on all conforming and legal nonconforming commercial and industrial lots.
There are two exceptions to this provision:
Auto body repair and/or auto repair shops which require a special permit of the Municipal Council. In this case, the number of unregistered operable motor vehicles and/or automobile parts shall be determined in the conditions of the special permit.
Any business or industry that requires a Class 1, Class 2 or Class 3 license as defined under MGL c. 140, § 58. In cases where a Class 1, Class 2 or Class 3 license is being renewed or granted, the number of operable motor vehicles and/or automobile parts shall be determined by the conditions of the license.
The number of unregistered operable motor vehicles and automobile parts allowed shall be related to the conditions of the site and the impacts on abutting properties. For the purpose of this subsection, "operable motor vehicle" shall be defined as a motor vehicle which sets on inflated tires and has a functional engine. All unregistered motor vehicles or disassembled parts thereof that do not meet the definition of an operable motor vehicle shall be defined as "automobile parts."
Driveways. No street access drive for parking areas containing five or more parking spaces or a loading area shall be within 70 feet of any intersecting street or roadway.
§ 440-705 Assisted living residences.
Definition. "Assisted living residence" means a residential development subject to certification under MGL c. 19D which provides room and board, provides assistance with activities of daily living for three or more adult residents who are not related by consanguinity or affinity to their care provider, and collects payments or third party reimbursement from or on the behalf of residents to pay for the provision of assistance. Assistance includes meals, professional services such as dressing or bathing assistance, and other social services. These facilities may have central dining facilities, lounges, meeting rooms, laundry rooms, greenhouses, exercise rooms, libraries, and medical facilities for diagnosis and outpatient services for residents only and such other common areas, facilities, or accessory uses for the residents as may be desirable.
Purpose. The purpose of this section is to promote the availability of assisted living residences in the City of Taunton, to provide services for senior citizens, and to encourage residential settings that promote the dignity, individuality, privacy, and decision making of such persons.
Requirements.
Maximum density: 10 units per acre.
Maximum height: 40 feet and three stories.
Minimum dwelling unit size: 350 square feet.
Minimum lot size: two acres.
Minimum frontage: 125 feet.
Minimum lot width: 125 feet.
Minimum dry lot area: one acre.
See landscaping, parking and sign regulations for additional requirements.
§ 440-706 Signs.
Intent and purpose.
It is the intent and purpose of the following provisions to protect property values, create a more attractive business climate, enhance and protect the physical appearance of the City, provide a more enjoyable and pleasing environment, to encourage the most appropriate use of the land, and to minimize hazards to vehicular and pedestrian traffic. The intent of this chapter is to permit signs that will not, by their reason, size, location, placement, construction, and manner of display, mislead and confuse the public in the location of goods, services, and facilities in the City of Taunton.
The rules and regulations contained herein shall govern the construction, alteration, repair, maintenance, and erection of all signs within the City of Taunton. In addition, signs that fall within the Taunton Redevelopment Authority's Official Downtown, High Street and Court Street Revitalization Plans shall be governed by the sign regulations of those districts, and any sign that falls within the area under the jurisdiction of the Historic District Commission shall be governed by the Historic District Commission regulations. For any sign that falls under the jurisdiction of the Historic District Commission and/or the Taunton Redevelopment Authority and the City of Taunton, the most restrictive requirements shall prevail and be controlling for all purposes.
Definitions. In construing this section, the following words shall have the meanings herein given, unless a contrary intention clearly appears:
The use of land, building or part of a building that is customarily incidental and clearly subordinate to the principal use of the premises.
Any enlargement, rewording, relocation, redesign, repainting in a different color, relettering, or restoration of at least 35% of the cost to replace that sign with a new sign at the time of restoration. Any alteration of a sign must conform to the requirements of this chapter.
Includes all lettering and designs, together with background, but shall not include any supporting or structural framework or bracing. The area shall also include any backing of different color than the finish material of the building face. If the sign consists of individual letters, the area shall be considered to be that of the smallest rectangle or other shape which encompasses all letters and symbols.
Any building which has one or more sides contiguous to another building so that together they form a row or block of buildings.
Any building which stands alone, so as to be in no way touching another building.
An activity of some continuity, regularity and permanency which is a means of material being and livelihood.
Signs composed of individually mounted letters, numbers, logos, and graphics which are illuminated internally. These signs can be illuminated externally; provided, however, that the sign shall be shielded so as to prevent glare from the sign onto abutting properties or onto the public way.
A sign which combines in one panel the names of several business establishments or activities located in a building or on a premises.
Build, construct, attach, hang, place, alter, suspend, or affix. Repainting, repairing, maintenance, cleaning, or rearranging the letters of a changeable letter sign, not involving structure change or size of existing approved sign, shall not be considered erection.
Exterior surface of the building.
The frontage that a building possesses on a public way that is considered the front of the business. Each lot shall have only one public way designated as primary frontage.
Any frontage that a building possesses on a public way that is not considered primary frontage.
A group of stores, shops, restaurants, and offices or similar activities generally developed as a single unit with a common parking area available to the customers or visitors to the various activities present.
Any device, structure, or object for visual communication that is used for the purpose of bringing the subject thereof to the attention of others.
The area defined by the frame or edge of a sign; however, where there is no geometric frame or edge of the sign, the area shall be defined by a projected, enclosed, rectilinear shape which most closely outlines said sign. Sign area includes the advertising surface and any framing, trim or molding but not the supporting structure.
The vertical distance from the grade below the sign to the uppermost module, cabinet or character.
Sign classifications.
Exempted. Signs that fall within this category are permitted and do not require a permit or registering with the Building Department.
Governmental signs. Traffic or warning signs erected or required by governmental agencies or bodies, including signs directing traffic to hospitals, parking areas, highways, cultural institutions, and commercial areas.
Construction site signs. Signs on active construction sites which denote the contractor, architect, engineer, or funding agency not to exceed 24 square feet in area in the aggregate per site in nonresidential districts or 12 square feet in area in the aggregate per site in residential districts.
Flags. Governmental flags and governmental insignia, except when displayed with a commercial message or in conjunction with a commercial promotion.
For sale signs. "For sale" or "for rent" signs not exceeding 15 square feet in aggregate area per premises in a nonresidential district or six square feet in aggregate area per premises in a residential district and which advertise for sale or rent only the premises upon which the sign is located. Such signs shall be removed promptly when the advertised sale or rental is concluded.
Home occupations. One accessory sign per premises not to exceed two square feet in area advertising a permitted home occupation.
Holiday lights. Holiday lights and decorations which do not include a commercial message and which are displayed for a limited period of time no longer than 60 continuous days and no longer than 100 days per year at any premises at which any commercial, residential, or industrial use occurs.
Informational signs. Signs for the purpose of giving directions to a religious institution, school, museum, community recreational facility, or library. These signs are not to exceed two square feet in area.
Legal notices. Legal notices and identifications not exceeding two square feet in area, including "no trespassing" and "no hunting" signs.
Noncommercial signs. Signs having no commercial message and which bear only house numbers, post box numbers, names of residents, or identification of premises and not exceeding two square feet in area per premises.
Political signs. A sign which advertises a candidate or candidates for public elective office or a political party or promotes a position on a public or ballot issue.
Vendor signs. Permanent signs on vending machines, gas pumps, ice containers or similar devices indicating only the contents of such devices.
Prohibited. Signs that are not specifically defined in Subsection C(1), (3) or (4) and those defined in this subsection are not permitted.
Roof signs. Any sign that is erected on or which rises above the facade, or vertical wall, of the building on which it is mounted.
Moving sign. A sign that has any part which moves or is designed to move.
Vehicle sign. A sign that is mounted on a vehicle and parked on the site for advertisement purposes and not registered and utilized on a regular basis.
Temporary. A temporary sign is any sign, banner, pennant, or advertising display intended to be displayed for a limited time period. There shall be a limit of one temporary sign per business with a maximum square footage of 24 square feet. No temporary sign shall be placed in a manner that blocks visibility of motorists at intersections and driveways, and no temporary sign shall be placed in a manner that impedes handicap accessibility. All temporary signs shall be secured to prevent movement by the wind.
Banners; pennants. Signs made of cloth, fabric, paper, nonrigid plastic, or similar types of material and symbolic flags of an institution or a business.
Portable signs. Portable signs are signs capable of being readily moved or relocated, including signs supported by legs which are not permanently attached, affixed, or secured to the ground or to a building or signs on wheels.
Permitted permanent signs. The following types of signs fall within this category and require a permit. See Subsections D through I for the applicable requirements.
Freestanding sign. A sign that is attached to the ground and supported by uprights placed on or in the ground.
Facade sign. Any sign affixed to a building. A facade sign shall be parallel with a wall of the building and shall not project beyond the face of any other wall of the building or above the top of the wall to which it is attached. Projection out from the face shall not exceed eight inches.
Awning sign. Any structure attached to a building and projecting over a way, so erected as to permit its being retracted to a position flat against the building when not in use. A nonretractable awning shall be considered to be a marquee when it does not protrude more than three feet from the facade.
Window sign. Any sign designed to be visible from the outside through a window or a doorway of any building or structure. A permanent window sign shall be any window sign that is not easily removed.
Application process.
Anyone constructing, altering, repairing, or maintaining a sign in the City of Taunton shall contact the City Planner or the Building Inspector for directions on how to proceed with obtaining a sign permit.
No sign shall be erected, altered, or enlarged until an application for a new or repaired sign is submitted in accordance with the regulations set forth in this chapter and approved by the City Planner and the Building Inspector. Applications are furnished in the Building Department. The application for a sign permit shall contain such information required by this chapter. Such permit shall be issued only if the Building Inspector determines that the sign complies or will comply with all applicable provisions of both this section and the State Building Code.[1]
General guidelines and restrictions.
Nonconforming signs. Signs legally existing at the time this chapter was adopted may continue as nonconforming uses, subject to the provision that any legal preexisting nonconforming sign that is altered, changed, rebuilt, or extended shall conform to the requirements of this chapter. Legally existing signs are signs that have obtained a valid sign permit and have adhered to the requirements of said permit at the time this chapter was adopted. The exemption herein granted is terminated with respect to any sign which:
Illuminated signs. Signs may be illuminated. If a lighting source is provided, interior or exterior, the source of light shall be shielded so as to prevent direct glare from the light source onto any public street or onto any adjacent property. No sign that flashes, shimmers, or scrolls is allowed. Illuminated changeable face signs, including LED message centers, shall display static images and text only. No animation, movement or the appearance of movement of any text or graphics (including but not limited to all displayed images, pictures and backgrounds) shall be permissible. Text shall not flash, scroll or otherwise move or appear to move. Messages/images can refresh no sooner than every 20 seconds. All signs (including LED message centers) shall be turned off at closing.
Securing signs. All signs must be painted, posted, or otherwise securely affixed to a substantial intermediary removable surface and such surface shall be securely affixed to a wall of the building.
Sign aesthetics. Color, architectural features on the building or on abutting buildings and style of a sign shall be compatible with the surrounding area and other approved, conforming signs.
Window signs. Permanent window signs shall not cover more than 30% of the total storefront window.
Special permits. Uses allowed by special permits in districts shall comply with approved special permit conditions for signage.
Directional signs. Entrance, exit, and directional parking signs are allowed.
Sign area. The area of a sign shall be considered to include all lettering, wording, and accompanying designs and symbols, together with the background on which they are displayed, any frame around the sign and any "cutouts" or extensions, but shall not include the supporting structure or bracing. The area of sign consisting of individual letters or symbols attached to or painted on a surface, building, wall or window shall be considered to be that of the smallest rectangle which encompasses all of the letters and symbols. Only one side shall be counted in computing the area of a double-faced sign.
Multiple frontage lots. Lots that possess frontage on more than one public way are multiple frontage lots. These lots must designate the frontage on one public way as primary frontage and the remaining frontages on other public ways as secondary frontage for the purposes of determining the maximum allowable square footage for the lot. This includes corner lots.
Freestanding signs.
Setback and height requirements.
Freestanding signs shall be located a minimum of 10 feet from proposed and existing driveways, public ways and rights-of-way or the freestanding sign shall meet one of the following height restrictions:
Number allowed. One freestanding sign is allowed per lot.
Changeable sign face. Freestanding signs may utilize 50% of the allowed square footage for the sign as a changeable sign face.
Freestanding sign size. The size of the sign is based on one square foot of sign per one linear foot of primary frontage that the building has on a public way and 1/2 square foot of sign for every linear foot of secondary frontage that the building has on a public way up to a maximum allowable square footage of 200 square feet. The total square footage of the sign cannot be greater than the total linear feet of primary and secondary frontage of the building on the public ways. See multiple frontage lot provisions for lots fronting on two or more public ways.
Multiple tenant lots (i.e., shopping centers, strip malls, etc.). There shall be one freestanding sign per lot. The size of a multiple tenant lot freestanding sign shall be based on the size requirements for freestanding signs outlined above. Each business's portion of display area on the freestanding sign shall be equal to the portion of the total frontage that each storefront contributes to the maximum allowable square footage for the lot. See multiple frontage lot provisions for lots fronting on two or more public ways.
Facade signs.
Number of signs. The number of signs shall not be limited, provided that the total square footage of all signs placed on the facade does not exceed the maximum allowable square footage detailed below.
Allowable square footage. The total allowable square footage of signs is based on one square foot of sign per one linear foot of primary frontage that the building has on a public way and 1/2 square foot of sign for every linear foot of secondary frontage that the building has on a public way. The total square footage of all of the signs cannot be greater than the total linear feet of primary and secondary frontage of the building on the public ways. See multiple frontage lot provisions for lots fronting on two or more public ways.
Multiple tenant lots (i.e., shopping centers, strip malls, etc.). The maximum allowable square footage for all signs on multiple tenant lots shall be based on the size requirements for facade signs outlined above. The maximum allowable square footage of signs for each business shall be equal to the portion of the total frontage that each storefront has facing on a public way.[3]
Area bonus.
In instances where the maximum allowable square footage for a business does not exceed 15 square feet, the business is eligible to apply for an area bonus which is subject to the approval of both the City Planner and the Building Commissioner. In granting an area bonus, two findings must be made by the City Planner and Building Commissioner:
The maximum allowable square footage for the lot can be increased by an amount up to but not to exceed 15 square feet.
Enforcement. The Building Inspector/Zoning Enforcement Officer and/or the City Planner has the authority to overrule color, aesthetics, size, placement, and any other stipulation when granting a sign permit.
Projecting signs. Notwithstanding the prohibition on a facade sign projecting more than eight inches from a wall face in Subsection C(4)(b), a projecting sign shall be permitted on a lot instead of a freestanding sign on a lot in cases where a freestanding sign cannot be erected on a site due to insufficient area to place a freestanding sign. In any case where the provisions of this subsection are utilized and a projecting sign is installed on a lot, a freestanding sign on the same lot (Subsection F) shall be prohibited. In addition to the above, a projecting sign must meet the following criteria:
One projecting sign shall be allowable per lot.
The sign shall be oval or rectangular in shape.
The sign shall be flat and shall not be internally illuminated and neon shall be prohibited.
The projecting sign shall not flash or move.
The maximum size of the projecting sign shall not exceed 12 square feet.
The bottom of the projecting sign must maintain at least a ten-foot vertical clearance from the grade level immediately under the sign.
The projecting sign must be mounted at a ninety-degree angle from the face of the building.
The projecting sign must be pinned at least six inches away from the wall face.
The projecting sign shall not project beyond a vertical plane set two feet inside the curbline or edge of pavement when no defined curb exists.
The projecting sign cannot project over an abutting property (does not include public way).
§ 440-707 Outdoor lighting.
In all zoning districts, for safety reasons, any private outdoor lighting fixtures, whether temporary or permanent, located within 100 feet from an adjacent street side line shall be so placed or hooded that the outdoor lighting source itself is not directly visible at any point beyond the lot lines of the premises illuminated. This section shall not apply to an incandescent light bulb of less than 200 wattage, if the same is frosted or otherwise treated so as to be translucent and not transparent, nor shall it apply to a gaseous tube light.
§ 440-708 Swimming pools.
Both in-ground and aboveground swimming pools are permitted, but those pools containing 500 or more gallons must be a minimum of 10 feet from any side or rear lot line.
§ 440-709 Dwelling conversions.
[Amended 6-6-2016; 4-5-2022]
In Urban Residential, any dwelling structure on not less than 10,000 square feet lot area, and in the Office, Business and Highway Business Districts, any dwelling structure on not less than 15,000 square feet lot area, and in the Industrial District any dwelling structure on not less than one acre (43,560 square feet) in area, may as of right be converted to accommodate not more than three families, provided that the application for a building permit for such conversion shall show that there will be not more than three dwelling units and that:
Each dwelling unit resulting from such conversion will have not less than 500 square feet habitable floor space, exclusive of stairways. Further, the conversion shall be subject to the requirements of Article II of the State Sanitary Code before any certificate of occupancy is granted.
Stairways leading to any floor above the first floor will be enclosed within the exterior walls of the dwelling, and any other stairways or fire escape required shall not be in any way facing a street.
The minimum off-street parking requirements shall be two parking spaces per dwelling unit, and no parking shall be allowed in the required front yards. All parking should be restricted to the rear yard and the side yard where the driveway is located. No more than 60% of this side yard and the rear yard shall be used for parking and access. Further, no rear yard parking area shall be less than five feet from an adjoining property line, and said five-foot area shall be planted with evergreen materials comprising at least a ninety-percent screen to a height of not less than 4.5 feet, given natural conditions prevalent on a particular site. The applicant may substitute a six-foot wooden fence in lieu of the planted buffer area.
No conversion of a residential structure or an addition to a residential structure for additional units shall be allowed for five years from the receipt of a building permit to construct the addition or new residential structure.
§ 440-710 Accessory dwellings.
[Amended 7-30-2019; 12-10-2024; 3-11-2025]
Accessory dwellings shall be permitted as specified in § 440-502 except that any accessory dwelling that does not meet all of the requirements of this section shall also require a special permit from the Planning Board after receiving the necessary Zoning Board of Appeals relief and shall only be permitted on lots with a qualifying principal dwelling as defined in 760 CMR 71.02 located on the lot. Accessory dwellings are also required to meet all the requirements of this section.
The accessory dwelling unit shall not be utilized as a short term rental.
There shall be no more than one accessory dwelling unit per lot.
The accessory dwelling unit must comply with all City of Taunton dimensional requirements except as specified in 760 CMR 71.03, Subdivision (3)(b)2.
The accessory dwelling unit shall not exceed 900 square feet in size and shall occupy no more than 50% of the gross floor area of the principal dwelling, whichever is smaller.
In addition to the parking required for the principal unit, a minimum of one additional parking space shall be provided for the accessory dwelling unit unless said lot is within 0.5 miles of the commuter rail station or the bus station in which case no additional parking is required.
(Reserved)
That the ADU and the principal dwelling shall remain in the same ownership.
The ADU and principal dwelling shall remain on the same lot and shall not be subdivided into separate parcels.
§ 440-711 Accessory structures.
[Amended 5-21-2024; 3-11-2025]
An accessory structure is a structure that is accessory to and clearly subordinate to the primary structure and use of the lot and that does not need a building permit. The ratio of the length to the width of the structure shall not exceed three to one. The side and rear setbacks for an accessory structure that does not exceed 120 square feet shall be 2/3 the setback requirements for the zoning district within which the lot is located. The fee for an accessory structure application shall be $25.
§ 440-712 Lot aggregation.
Purpose. The purpose of this section is to allow the City to permit commercial/retail uses and mixed-use (commercial/residential) developments in Office Districts, Business Districts, Highway Business Districts and Industrial Districts to aggregate lots for purposes of satisfying requirements under this chapter. This section recognizes that integrated commercial/retail developments and mixed-use developments, such as shopping centers, function as a unified whole irrespective of separate ownership of the individual parcels comprising the development. With respect to these developments, this section is intended to permit multiple ownerships in developments and attendant flexibility in the layout of structures, parking, drives, and other facilities, and compliance with all other requirements of this chapter.
Definitions. Specific definitions for certain terms used in this section are set forth below. To the extent these definitions and their operative provisions are inconsistent with the definitions contained in § 440-201 or elsewhere in this chapter, the provisions of this subsection shall govern. As used in this section, the following terms shall have the following meanings:
The developer(s) of a commercial or mixed-use development, including, without limitation, the party which obtained and/or is obtaining governmental approvals and permits for a commercial or mixed-use development, or a party owning more than 50% of the land comprising a commercial or mixed-use development.
A shopping center or any other integrated commercial/retail development or commercial/residential development (including attendant structures, parking, drives, and other facilities) which, notwithstanding disparate fee title ownership, functions as a unified whole and which contains a group of stores, shops, restaurants, offices, recreation centers, theaters, other uses permitted as of right, or by special permit or variance, in Office Districts, Business Districts, Highway Business Districts or Industrial Districts, and/or any other uses found in a shopping center and which contains 10 acres or more in the aggregate, including a minimum dry lot area of 7.5 acres.[1]
A lot validly created and existing pursuant to the Subdivision Control Law, MGL c. 41, §§ 81K through 81GG, as the same shall be amended from time to time, provided that such lot shall have a minimum lot frontage of 25 feet, and provided further that if a portion of the boundary of such lot runs through a building, such portion of such boundary must run substantially along the footprint(s) of such interior building wall(s). The recording in the appropriate Registry of Deeds of a plan approved or endorsed in accordance with the Subdivision Control Law showing such lot shall constitute conclusive evidence of satisfaction of these requirements and the designation of such lot or lots as an eligible parcel or eligible parcels, respectively, without regard for whether such recording took place prior or subsequent to the date of this zoning amendment.
Election to aggregate lots. A developer of a development in an Office District, Business District, Highway Business District or Industrial District may, at any time after site plan approval, elect to designate one or more eligible parcels comprising the land of such development as a single, aggregate lot (irrespective of disparate present or future ownerships of such eligible parcels). If such an election is made, separate eligible parcels of land within a development that would otherwise be treated as separate lots under this chapter shall be treated in the aggregate as a single lot for purposes of satisfying all requirements under this chapter, and a series of buildings, either attached or arranged so as to appear attached, located on such eligible parcels that would otherwise be treated as separate buildings under this chapter shall be treated in the aggregate as a single building for purposes of satisfying all requirements under this chapter. If, as a result of such election, the development as a whole complies with this chapter, then, notwithstanding any contrary provision of this chapter (including those relative to overlay districts), each use, structure, driveway, parking facility, and other facility located on, or functioning as a part of, such commercial development shall be deemed individually to be in compliance with this chapter.
§ 440-713 Adult entertainment.
Adult entertainment uses shall be deemed to include adult bookstores, adult motion-picture theaters, adult paraphernalia stores, adult video stores, and adult live entertainment (see § 440-201 for definitions).
An adult entertainment use shall require a special permit from the Municipal Council in Industrial Districts. Adult entertainment uses shall follow and comply with all of the requirements and procedures of Article III of this chapter and MGL c. 40A, § 9A, in filing an application for a special permit. In addition, special permits for adult entertainment uses shall not be granted to any person convicted of violating the provisions of MGL c. 119, § 63, nor MGL c. 272, § 28. Any manager, legal owner, every individual having a fee, equity, or security interest in the adult entertainment use and every member of any corporation, partnership, or trust that has a beneficial interest in the entity must be listed as part of the application and is subject to the above prohibition.
Adult entertainment uses shall be permitted when located in an Industrial District and the adult entertainment use is located 750 feet from:
Any residential zone (includes Urban Residential, Suburban Residential, and Rural Residential Districts).
Any public or private school.
Any open space zone or any public park.
Any church or other religious facility or institution.
§ 440-714 Retreat lots.
[Added 4-5-2022]
The purpose of retreat lots shall be to assist in allowing for the safe and reasonable use of backland. An ANR plan creating a buildable retreat lot may be endorsed by the Planning Board in cases that said plan is in conformance with this section.
The ANR plan may not be granted unless the following conditions have been met:
The required buildable area shall be located entirely within a residential zoning district.
Said lot shall have a minimum street frontage of 35 feet and a lot width of no less than 30 feet at all points.
The minimum lot area of said lot shall be at least 2.5 times the minimum required lot area in the applicable residential zoning district.
The minimum contiguous dry lot area of said lot shall be at least 2.5 times the minimum required contiguous dry lot area in the applicable residential zoning district.
Frontage of said lot shall be entirely on a public street.
No more than one single-family dwelling shall be located on a retreat lot, and said dwelling shall set back a minimum of 150 feet from the street.
The maximum length of a driveway shall be 300 feet unless an emergency turnaround for a fire truck is provided.
Retreat lot access shall serve as access to the retreat lot only and no other lot.
The driveway shall not be located within five feet of the sidelines.
Minimum driveway width shall be 15 feet.
All other applicable dimensional zoning standards in the Zoning Ordinance, including but not limited to setbacks, shall apply, with the exception of standards enumerated in this section.
The retreat lot shall not be further subdivided. A deed restriction preventing further subdivision (enforceable by the City of Taunton) shall also be recorded with the plan. The following note shall be placed on the plan: "The retreat lot shown on this plan shall not be further subdivided." A recorded copy of said deed restriction, recorded plan and special permit decision shall be provided prior to any building permits.