Upton City Zoning Code
ARTICLE 5
General Regulations; Performance Standards for All Uses
§ 300-5.1 Uses considered business or commercial uses.
For the purposes of this article, the following uses shall be considered as business or commercial uses, and all buildings designed, arranged or constructed for, or occupied by, one or more of such uses shall be considered as business or commercial buildings:
A.
Any of the uses permitted in a General Business District and Commercial & Industrial District, but not permitted in a Single Residential SRA, SRB, SRC and SRD District (with or without Zoning Board of Appeals authorization).
B.
Any of the following Single Residential SRA, SRB, SRC and SRD District uses, when located in a General Business District or Commercial & Industrial District:
§ 300-5.2 Building construction.
All buildings shall be constructed as prescribed by the Building Code in force in the Town of Upton.
§ 300-5.3 Odor, dust and smoke.
No such offensive emissions shall be discernible beyond a business use or commercial use property line or, in the case of an industrial park development or of multiple use of the property, beyond 100 feet of the building generating the emission, except that in no case shall the discharge from any source exceed the following limits:
A.
Smoke measured at the point of discharge into the air shall not exceed a density of No. 1 on the Ringelmann Smoke Chart, as published by the U.S. Bureau of Mines, except that a smoke of a density not darker than No. 2 on the Ringelmann Chart may be emitted for not more than three minutes in any one hour.
B.
Lime dust, as CaO, measured at the property line of any lot on which the activity creates such dust, shall not exceed 10 micrograms per cubic meter of air.
C.
Total particulate matter measured at all stacks or other points of emission to the air shall not exceed 30 grams per hour per acre of land included in the lot.
D.
Odors shall not exceed the smallest values given in Table III (Odor Thresholds) in Chapter 5 of the Air Pollution Manual, Manufacturing Chemists Association, Inc., Washington DC 1951.
E.
All measurements of air pollution shall be by the procedures, and with equipment, approved by the Building Commissioner, which procedures and equipment shall be of the latest generally recognized development and design readily available.
§ 300-5.4 Noise.
A.
The noise generated on any business use or commercial use lot, measured at any point beyond the property lines of the lot on which the noise source is located, shall not cause the total sound level to be more than three decibels above the natural ambient sound level except as provided below:
(1)
For not more than five minutes in any one hour the noise generated may cause the total sound level to be more than three decibels but not more than 10 decibels above the natural ambient sound level.
(2)
For not more than 60 minutes in any seven-day period the noise generated may cause the total sound level to be more than 10 but not more than 30 decibels above the natural ambient sound level.
(3)
Noisemaking devices that are maintained and are utilized strictly to serve as safety warning devices are excluded from these regulations.
B.
Measurements shall be conducted by personnel approved by the Building Commissioner using the "A" weighting on a standard commercial total sound level instrument approved by the Building Commissioner. For the purpose of this bylaw the natural ambient sound level shall be assumed to be 40 decibels above 0.0002 microbar during hours of daylight, and 30 decibels above 0.0002 microbar at all other times.
§ 300-5.5 Heat, glare, vibration and radiation.
No heat, glare, or vibration shall be discernible without instruments from the outside of any structure, and no radiation shall be discernible from the outside of the structure with or without instruments.
§ 300-5.6 Exterior lighting.
[Amended 11-7-2023 STM by Art. 16]
No exterior lighting, other than streetlighting approved by the Select Board members, shall shine on adjacent properties or towards any street in such a manner as to create a nuisance or hazard.
§ 300-5.7 Waste disposal and water supply.
[Amended 5-8-2021 ATM by Art. 16]
Regulations of the State Department of Public Health and the Upton Board of Health shall be met and shall be indicated on the site plan, when a site plan is required.
§ 300-5.8 Open burning.
No open burning is permitted unless in an incinerator of a type approved by the Board of Health.
§ 300-5.9 Enclosure and screening.
A.
General Business District.
(1)
In a General Business District, all permitted uses (whether or not requiring Zoning Board of Appeals authorization), and all uses accessory thereto, shall be conducted wholly within a completely enclosed building, except the following:
[Amended 5-8-2021 ATM by Art. 16]
(a)
Uses permitted in the Single Residential SRA, SRB, SRC and SRD Districts.
(b)
Accessory outdoor dining areas.
(c)
Plants growing in the soil.
(d)
Parking lots for passenger automobiles.
(e)
Exterior signs, as hereinafter permitted.
(f)
Exterior lights, if so arranged as to reflect away from public and private ways and from any adjacent premises located in a Single Residential SRA, SRB, SRC or SRD District.
(g)
The dispensing of fuels, lubricants or fluids at automobile service stations.
(2)
All required setback areas shall be adequately and attractively landscaped with lawns and trees and/or bushes, and said landscaping shall be installed prior to occupancy or commencement of use and shall thereafter be maintained in an attractive manner. Where such compliance is impracticable due to season of the year, the Building Commissioner may issue an occupancy permit with restrictions. Said temporary status shall be issued until all required plantings have been completed in the following planting season. Said landscaping shall thereafter be maintained in an attractive manner.
[Amended 5-8-2021 ATM by Art. 16]
B.
Commercial & Industrial District. In a Commercial & Industrial District, all open storage of junk, scrap metal, rags, wastepaper, and similar used materials shall be completely screened from view at normal eye level six feet in height from any public or private way or from any premises. Any other use conducted outside a completely enclosed building, except an open use permitted in General Business Districts, shall, if visible at normal eye level from any point within a Single Residential SRA, SRB, SRC or SRD District and if located less than 200 feet from a Single Residential SRA, SRB, SRC or SRD District, be completely screened from such view. Screening required under this subsection shall be by an evergreen planting or other attractive suitable visual barrier.
§ 300-5.10 Off-street parking.
[Amended 11-5-2019 STM by Art. 16; 5-8-2021 ATM by Art. 16; 11-12-2024 STM by Art. 25]
A.
In a General Business District or Commercial & Industrial District, no business or commercial building shall be constructed or externally enlarged, and no business or commercial use shall be established or expand its ground-floor area unless there is off-street parking provided on the lot or land associated therewith within 300 feet of such building or use as follows:
(1)
Retail stores. Retail stores, showrooms or salesrooms, wholesale showrooms, consumer, professional or commercial service establishments, offices or banks shall have at least one off-street parking space for each 180 square feet of ground floor area of the building, plus one additional space for each 360 square feet of floor area in all stories above the first story.
(2)
Restaurants. Restaurants and other places for the service of food or beverages and theaters and other places of amusement or assembly shall have at least one off-street parking space for each 180 square feet of ground floor area of the building, plus one additional space for each 360 square feet of floor area in all stories above the first story, or at least one off-street parking space for each three seats provided for patron use, whichever requires the greater number of parking spaces.
(3)
Tourist homes. Tourist homes, boardinghouses and lodging houses shall have at least one off-street parking space for each guest bedroom.
(4)
Shops of the building trades. Shops of the building trades, printing and publishing establishments, and all storage, manufacturing or other uses specifically listed herein a Commercial & Industrial District shall have at least one off-street parking space for each two persons employed, or anticipated being employed, on the largest shift.
(5)
Miscellaneous.
(a)
Automobile service stations, drive-through establishments and open-air retail businesses (including open-air amusements) shall have sufficient off-street parking spaces to accommodate the automobiles of customers, patrons and employees. Frequent parking of such automobiles within a public or private way adjacent to the premises will be considered as evidence of the inadequacy of the off-street spaces provided in connection therewith.
(b)
A space of 180 square feet of appropriate dimensions for the parking of an automobile, exclusive of access drives or aisles, shall be considered as one off-street parking space.
(c)
In the case of mixed uses in the same building or on the same lot, or the joint use of spaces by two or more separate buildings or uses, the total requirements for off-street parking space shall be the sum of the requirements of the various buildings and the uses computed separately.
(d)
Required parking spaces shall be located, graded, drained and otherwise constructed in accordance with the site plan hereinafter required, shall be provided and maintained with a dust-free surface, and shall be permanently available for use by the customers, patrons and employees of the establishment with which connected.
B.
Parking bylaw for UCBD and MCMOD only.
(1)
Off-street parking requirements. All new construction and substantial renovations and changes in principal use shall be subject to the off-street parking requirements of § 300-5.10 of this bylaw, except as provided herein.
(2)
Shared off-street parking. Shared off-street parking is encouraged and desirable wherever feasible within the UCBD. An applicant may request shared off-street parking as part of site plan review. Subject to review by the Planning Board, the off-street parking requirements required in § 300-5.10 of this bylaw may be reduced as follows:
(a)
Noncompeting uses. In mixed-use developments, applicants may propose a reduction in parking requirements based on an analysis of peak demands for noncompeting uses. Up to 75% of the requirements for the predominant use may be waived by the Planning Board if the applicant can demonstrate that the peak demands for the two uses do not overlap.
(b)
Competing uses. In mixed-use developments, applicants may propose a reduction in parking requirements where peak demands do overlap. In these cases, the Planning Board may reduce the parking requirements of the predominant use by up to 30%.
(c)
Calculating minimum number of spaces.
[1]
The minimum number of parking spaces for a mixed-use development or where shared parking strategies are proposed shall be determined by a study prepared by the applicant following the procedures of the Urban Land Institute Shared Parking Report, ITE Shared Parking Guidelines, or other approved procedures. This study shall be reviewed and approved by the Planning Board.
[2]
A formal parking study may be waived for small developments where there is established experience with the land use mix and its impact is expected to be minimal. The actual number of parking spaces required shall be based on well-recognized sources of parking data such as the ULI or ITE reports. If standard rates are not available or limited, the applicant may collect data at similar sites to establish local parking demand rates. If the shared parking plan assumes use of an existing parking facility, then field surveys shall be conducted to determine actual parking accumulation. If possible, these surveys should consider the seasonal peak period for the combination of land uses involved.
(d)
Shared parking plan. The Planning Board may require that a shared parking plan be submitted. This could be included in the site plan and landscaping plan information already required for parking areas or as a separate document. If so, this shared parking plan could include one or more of the following:
[1]
Site plan of parking spaces intended for shared parking and their proximity to land uses that they will serve.
[2]
A signage plan that directs drivers to the most convenient parking areas for each particular use or group of uses (if such distinctions can be made).
[3]
A pedestrian circulation plan that shows connections and walkways between parking areas and land uses. These paths should be as direct and short as possible.
[4]
A safety and security plan that addresses lighting and maintenance of the parking areas.
(e)
Shared parking agreement. If a privately owned parking facility is to serve two or more separate properties, a legal agreement between property owners guaranteeing access to, use of, and management of designated spaces may be required by the Planning Board.
§ 300-5.11 Vehicular access.
All vehicular access to and from any lot on which a business or commercial building or use is located (including accessory off-street parking spaces) shall be through designated driveway openings having a width of not more than 20 feet at the exterior line of the public or private way, and not more than one opening for entrance and one opening for exit (which may be contiguous with a total width of 40 feet) shall be permitted along any way for each 200 feet of lot frontage on said way, if in a General Business District, or for each 300 feet of lot frontage on said way, if in a Commercial & Industrial District. In the case of a lot having less than the specified frontage along the exterior line of way, a total of not more than two designated driveway openings shall be permitted (one of which shall be for entrance and the other for exit), provided that:
A.
Said lot was laid out by deed or conveyance or shown on a duly recorded plan prior to the effective date of this bylaw (October 1, 1958), provided that on such date said lot did not adjoin other land of the same owner available for use in connection with said lot; or
B.
Said driveway openings are used or to be used in common by two or more lots having a total continuous frontage on the way of at least the amount specified for a single lot; or
C.
Said driveway openings are at the exterior line of a private way whose primary function, in the opinion of the Zoning Board of Appeals, is to provide access to premises located in nonresidential districts, and a variance from these requirements is accordingly authorized by said Board.
§ 300-5.12 Signs.
A.
Purpose. The following regulations are intended to establish reasonable regulations for signs within the Town in order to reduce traffic hazards, to facilitate an attractive, harmonious community and to protect property values.
B.
Applicability. This bylaw applies to signs that advertise, promote, call attention to or provide directional instruction to a product, profession, commercial event, organization, service, or business/commercial/industrial establishment, including exterior signs and signs visible from the exterior by way of being placed in or on a window or outside door. Political signs are exempt from this bylaw (reference Chapter 229, Article I, of this Code for political sign regulations).
C.
General requirements. The following apply to all zoning districts:
(1)
The material of which the sign is constructed and the intermediate structure and manner of affixation to a building or post shall be subject to approval from the Building Commissioner from a standpoint of public safety.
(2)
Signs and any associated structural elements shall be kept in good repair and in a proper state of preservation to the reasonable satisfaction of the Building Commissioner. The Building Commissioner may order the removal of any sign determined to be in a state of disrepair.
(3)
Any sign and its associated structural elements pertaining to anything that ceases to be applicable, whether on, near or adjacent to the particular premises, shall be removed by the owner of the sign within 30 days.
(4)
Only signs authorized by the Select Board may be located on Town property. Any unauthorized sign located on Town property may be immediately removed. Such signs shall be stored for a minimum of two weeks to allow the owner to retrieve the sign, after which time the Building Commissioner may dispose of such signs.
[Amended 11-7-2023 STM by Art. 16]
(5)
Any nonconforming sign that was legally erected prior to the adoption of this bylaw section shall be allowed subject to the following: Such signs may not be enlarged, reworded, redesigned or altered in any way unless brought into conformity.
(6)
Any sign in place for greater than a three-month period may be considered a permanent, nontemporary sign.
D.
Prohibited signs. The following signs are prohibited in all zoning districts:
(1)
Signs erected at or near a street intersection or street and driveway intersection in such a manner as to obstruct free and clear vision.
(2)
Signs erected at any location where the sign may interfere with any traffic sign, signal or device due to obstruction, confusion or any other applicable interference.
(3)
Signs constructed of permanent paper, cardboard, cloth, canvas, plastic or other similar nonrigid material that are tacked, posted or otherwise affixed to a utility pole, tree, rock, hydrant, bridge, fence or other similar surface.
(4)
Signs affixed in any way above a building roof, including signs affixed to a cupola, tower, chimney or other structure located on or above the roofline.
(5)
Signs that contain any part that moves, flashes or is in any way animated, including moving lights, rotating beacons, pennants, ribbons, streaming signs and animated signs intended to create the illusion of movement.
(6)
Billboards (except for noncommercial billboard signs on Town property). Billboards shall include any sign advertising or promoting material not sold, manufactured or distributed from the premises on which the sign is located.
E.
Illumination.
(1)
Sign illumination shall be limited to a fixed white light from an externally downward-directed source unless otherwise provided for by this bylaw.
(2)
Illuminated signs are prohibited in the Residential SRA, SRB, SRC, SRD and AR Districts.
(3)
Signs that incorporate tube-type gaseous elements, neon elements, strings of light bulbs, or upward-directed spotlights are prohibited except for one nonflashing interior neon window sign less than three square feet, indicating that an establishment is open for business.
(4)
Signs that result in excessive glare as determined by the Building Commissioner are prohibited.
(5)
Signs that incorporate internal light or rear-illuminated light sources shall only be allowed by a special permit of the Zoning Board of Appeals in accordance with § 300-9.3 of this bylaw.
(6)
Signs shall be illuminated for no more than 30 minutes before opening or after closing of a commercial establishment.
F.
Signs in Single Residential SRA, SRB, SRC, SRD and AR Districts. The following signs are allowed as of right subject to any additional regulations or prohibitions set forth in this bylaw:
(1)
One sign per dwelling unit or lot pertaining to a home occupation or business not to exceed four square feet and no portion of which is greater than five feet above ground level. Such sign shall be set back a minimum of 20 feet from the side and rear property lines.
(2)
One temporary on-site sign pertaining to the advertisement of the sale or lease of a dwelling unit not to exceed six square feet and no portion of which is greater than five feet above ground level. Such temporary sign shall be removed within one week following the date of recording of the deed or signing of the lease.
(3)
Two temporary off-site directional signs pertaining to the advertisement of the sale or lease of a dwelling unit not to exceed three square feet. Such temporary signs shall be installed and removed on the same day and shall only be allowed during daylight hours.
(4)
One temporary sign per dwelling unit pertaining to the advertisement of an architect, engineer or contractor or other participant relating to construction work on the premises not to exceed eight square feet and no portion of which is greater than five feet above ground level. Such sign shall be removed within one week following completion of said construction work.
(5)
One sign not exceeding 12 square feet and no portion of which is greater than five feet above ground level, bearing the name of a residential subdivision at each entrance to the subdivision.
(6)
One on-site sign pertaining to a residential subdivision advertising the sale or lease of subdivision lots. Such sign shall not exceed 20 square feet no portion of which shall be greater than five feet above ground level.
(7)
Signs erected on a lot associated with a religious organizational use or nonprofit educational organization use subject to the following criteria: One sign shall be allowed for each public entrance up to but not exceeding three signs; each sign not to exceed 20 square feet and with no standing sign greater than seven feet in height above ground level.
G.
Signs in General Business Districts, Upton Center Business District, and Commercial & Industrial Districts. The following signs pertaining to permitted buildings, structures and uses on the premises are allowed as of right on a building, subject to any additional regulations or prohibitions set forth in this bylaw:
[Amended 5-8-2021 ATM by Art. 19]
(1)
One primary building sign for each building tenant either affixed to a building or standing in accordance with the following:
(a)
Signs affixed to an establishment building wall shall not exceed one square foot for each 100 square feet of establishment ground floor area up to a maximum of 20 square feet and shall not extend more than six inches from such wall if affixed parallel to the wall or no more than six feet when affixed perpendicular to wall.
(b)
Standing signs shall not exceed one square foot for each 100 square feet of establishment ground floor area up to a maximum of 20 square feet and shall not exceed 10 feet in any dimension or 10 feet above ground level. A standing sign shall be subject to the setback provisions of Article 4 of this bylaw.
(2)
One additional secondary building sign for each building tenant affixed to the building only if such building has more than one public entrance. The allowable secondary building sign size shall not exceed 50% of the allowable primary building sign size or four square feet, whichever is greater.
[Amended 5-8-2021 ATM by Art. 16]
(3)
One additional similar sign indicating a directory of building tenants either affixed to a building or standing, except that the directory of building tenants sign size shall not exceed a total area greater than two square feet for each tenant up to a maximum of 20 square feet. A standing directory of building tenants sign shall only be allowed if there are no other standing signs associated with a building.
(4)
One interior window sign illuminated or otherwise for each building tenant not to exceed three square feet, indicating that an establishment is open for business.
(5)
Customary signs on gasoline pumps and the price thereof.
(6)
Any sign allowed in the Single Residential SRA, SRB, SRC, SRD and AR Districts.
H.
Administration.
(1)
The Building Commissioner shall be the permit granting authority.
(2)
No permanent sign greater than two square feet shall be erected until an application, together with a scale drawing, colored rendering of the sign and other such information as the Building Commissioner may require, is submitted to the Building Commissioner and a building permit has been issued.
(3)
The Select Board shall establish and from time to time review a sign permit fee that shall be published as part of the sign permit application.
[Amended 11-7-2023 STM by Art. 16]
(4)
The Building Commissioner shall within 30 days approve or reject any permit application for a permanent sign filed with the Building Commissioner. A building permit shall be issued for any sign application that is consistent with the purpose of this section and is compliant with all requirements of this section and all other applicable laws, bylaws and regulations.
(5)
The Zoning Board of Appeals may issue a special permit in accordance with § 300-9.3 of this Zoning Bylaw for a larger sign up to twice the size provided for as of right if it is determined that such sign is consistent with the purpose and intent of this section, will not be a detriment to the surrounding area, and is consistent with the architecture of the building, the building lot and surrounding area. The Zoning Board of Appeals shall specify the size and location of such sign and may impose other terms and conditions as it may deem to be in the public interest.
(6)
In addition to any other remedy granted or penalty imposed by law, whoever is in violation of any provision of this section who fails to remedy such violation within five days after receipt of such notice given by the Building Commissioner or Select Board shall be punished by a fine not exceeding $100 for each such violation for each day such violation occurs.
[Amended 11-7-2023 STM by Art. 16]