Webster City Zoning Code
ARTICLE V
Supplementary Provisions
§ 650-26 Unregistered, unoperable vehicles.
[Added 3-6-1973 ATM, Art. 55]
No unregistered motor vehicle which is unfit for use, permanently disabled or has been dismantled shall be stored, parked or placed upon any land in the Town of Webster for more than 30 days unless such vehicle is kept within a building or in otherwise screened or located so that it cannot be seen from a public highway or abutting property. Said bylaw shall not apply to premises operated under Class III Junk license.
§ 650-27 Existing lots.
[Amended 5-2-1978 ATM, Art. 67]
Any lot or lots meeting its requirements as stated in MGL c. 40A, § 6, shall be exempt from the provisions of this bylaw and to the extent permitted by said Article IV of this bylaw and to the extent permitted by said MGL c. 40A, § 6, as amended.
§ 650-28 Existing buildings.
[Amended 5-2-1978 ATM, Art. 67; 5-10-1999 ATM, Art. 7; 5-10-2021 ATM by Art. 14]
If any pre-existing nonconforming structure or use is discontinued or abandoned for a period of more than two years, the protection for pre-existing nonconforming uses and structures shall cease and it shall conform to the district in which it is located. A pre-existing nonconforming use may be changed to another nonconforming use with the benefit of a special permit from the Zoning Board of Appeals, provided that such other nonconforming use is not substantially different in its purpose and manner of application and no more harmful or objectionable. No pre-existing nonconforming use, if once changed to a use permitted in the district in which it is located, shall be changed back to a nonconforming structure or use. Subject to protections for single- and two-family homes, pre-existing nonconforming uses or structures may only be changed, extended or altered upon approval of a special permit by the Zoning Board of Appeals.
A.
Allowance for second means of egress. Side and rear yard setbacks shall not apply to stairways and entrances necessary for a second means of egress required by the State Building Code. For existing structures not in conformity with these setback requirements, such new stairways and entrances are permitted upon issuance of a building permit provided the Building Inspector determines such components are the minimum needed to satisfy the Code.
[Added 5-10-2004 ATM, Art. 18]
§ 650-29 Damaged buildings.
[Amended 5-2-1978 ATM, Art. 67]
Nothing in these bylaws shall prevent the reconstruction and resumption of use of any nonconforming building which may hereafter be accidentally or criminally damaged, provided that the reconstruction be effected within two years from the occurrence of said damage. Said reconstruction shall be to an extent no greater than what was in existence.
§ 650-30 Unsafe buildings.
Nothing in these bylaws shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by the Building Inspector or other officer designated by the Board of Selectmen, provided that in the case of nonconforming buildings, such restoration shall not exceed 75% of the assessed value of the building or structure at the time of such declaration.
§ 650-31 Reduction of area.
Not lot shall be changed in size or shape so that the height, area, yard or coverage provisions herein prescribed are no longer satisfied. This paragraph shall not apply where a portion of a lot is acquired for a public purpose.
§ 650-32 Frontage.
[Amended 5-10-1999 ATM, Art. 5; 5-12-2008 ATM, Art. 13; 10-18-2021 FATM by Art. 8]
No building to be occupied in any part of a residential zone shall be constructed on any lot or part of a lot, unless such lot or part has frontage of not less than 50 feet on a public street or an open and unoccupied private way shown on an approved subdivision plan leading to a public way. A minimum lot width of 50 feet must be maintained from the front lot line to the building line. For reconstruction of an existing damaged nonconforming building, please refer to § 650-33, Damaged buildings.
§ 650-33 Height.
[Added 6-26-1989 ATM, Art. 22]
A.
No building, structure, or premises in excess of three stories above ground level shall be erected or constructed in District 1 (Single-Family Residential), District 2 (Agricultural Single-Family), District 3 (Multiple-Family Residential), District 7 (Lake Residential), District 8 (Floodplain), and District 9 (Conservation District), and no building, structure or premises in excess of four stories above ground level shall be erected or constructed in District 4 (General Business), District 5 (General Business), and District 6 (Industrial); where different ground levels are involved the higher level shall be deemed the ground level referred to in this article, and the height restriction shall be measured from the highest level.
[Amended 5-11-2009 ATM, Art. 23; 5-10-2021 ATM by Art. 15]
B.
In all Districts, domes, steeples, radio towers, chimneys, broadcasting and television towers and antennas, bulkhead, flag poles, and other appendages customarily carried above the roof, may have any height.
§ 650-34 Transition between districts.
A.
Side yards and rear yards. For that portion of a lot which adjoins the boundary line of a more restricted district than that in which the lot is located, side yard and rear yard requirements shall be the same as those which apply to lots in the more restricted district.
B.
Set-back. For that portion of a lot which fronts on the same street within 100 feet of the boundary line of a more restricted district than that in which the lot is located, setback requirements shall be the average between the requirement for the less restricted district and that which applies to lots in the more restricted district.
§ 650-35 Location of automobile services.
No public garage, auto-mobile repair shop, greasing station, storage battery service station nor gasoline filling station, nor any of their appurtenances or accessory uses, shall hereinafter be erected or placed within 50 feet of any residence district, unless the space so used is entirely enclosed, on the sides facing the street and residence zone, within masonry or concrete walls and a roof without openings of any kind except windows, doors, or skylights having metal frames and fixed metal sash, glazed with wire glass. No driveway or door to such premises shall be in any part within 25 feet of any residence district. No automobile service building shall have at the street line any entrance or exit for motor vehicles within a radius of 200 feet of any entrance or exit at the street line of any public or private school, public library, church, playground or institution for the sick, dependent, or for children under 16 years of age.
§ 650-36 Offensive uses.
No use or occupancy of buildings, structures or premises shall be hereafter permitted which is liable, when conducted under proper conditions and safeguards, to be currently and frequently noxious or offensive by reason of the emission of dust, odor, fumes, smoke, gas, wastes, refuse matter, noise or excessive vibrations so as to be detrimental to public health, safety, comfort or general welfare.
§ 650-37 Corner visibility.
A.
Buildings. On a corner lot there shall be erected no building or structure so as to obstruct traffic visibility within the space bounded as follows: In a residence district, the two intersecting street lines and a circular curve about the point of intersection of the two street lines and having a radius equal to 1 2/3 times the set back required in that district; and in a business or industry district, the two intersecting street lines 15 feet from their point of intersection, provided that where the interior angle between the intersecting street lines is greater than 105°, or where the street lines intersect in a curve having a radius greater than twice the setback required in that district, the foregoing regulations shall be waived, and the setback line established parallel to or concentric with the street lines.
B.
Vegetation. Between the street lines of intersecting streets, and a circular curve about the point of intersection of the two street lines and having a radius equal to twice the setback required in that district, no vegetation other than shade trees may be maintained in any residence district above a height three feet above the plane through the established grades at the street lines; nor in any other district, within the corner space as described in the foregoing paragraph.
§ 650-38 Signs and advertising devices.
[Amended 10-21-2013 FATM, Art. 14]
§ 650-38.1 Definitions.
For the purpose of this section, the following terms shall have the following meaning:
A.
Signs and Advertising Devices — Any symbol, design, or device used to identify or advertise any place of business, product, activity or person.
B.
Erecting — Any constructing, extending, altering, or changing of a sign other than repainting, repairing, and maintaining.
C.
Display Area — The total surface area of the sign. The display area of an individual letter sign or irregular shaped sign shall be the area of the smallest geometric shape into which the letters or shape will fit. Where sign faces are placed back to back and face in opposite directions, the display area shall be defined as the area of one face of the sign.
D.
Banners — A strip of cloth or other man-made fabric on which a sign is painted, silk-screened, or printed. The display area shall be defined as the area of one face of the banner. The banner shall not exceed forty (40) square feet.
E.
Electronic Message Sign or Center — A sign capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means.
§ 650-38.2 General regulations.
The following regulations shall apply in all districts:
A.
No exterior sign or advertising device shall be erected except as provided by this by-law.
B.
No sign or banner which requires a sign permit under this by-law shall be erected except in the exact location and manner described in the permit.
C.
No sign or banner shall be erected that in any way creates a traffic hazard or obscures or confuses traffic control.
D.
The illumination from any sign shall be shaded, shielded, directed, and maintained at a sufficiently low intensity and brightness that it shall not affect the safe vision of operators of vehicles moving within the premises or on any adjacent public or private way.
E.
Any window signs, stickers, banners, or other easily attached advertising devices or signage which advertises or identifies products, businesses, services, or activities which are no longer sold, located, or carried on at the premises shall be removed within thirty (30) days after notice by the Building Inspector. After one month of the above mentioned operational changes, any self standing signage, roof signage, or other permanently attached sign will be changed to a plain white front, or other acceptable alternative as required by the Building Inspector. After one year of the above mentioned operational changes, any self standing signage, roof signage, or other permanently attached sign that is not operational and/or in a state of disrepair, shall be subject to removal as required by the Building Inspector.
F.
Banner use shall be for a period of time not to exceed thirty (30) days; such period requiring a new permit. No property shall qualify for more than six banner permits per year.
§ 650-38.3 Sign permits.
A.
No sign which requires a sign permit shall hereafter be constructed except in conformity with a sign permit from the Building Inspector.
C.
Application — All applications for signs requiring a sign permit shall be obtained from the Building Inspector and shall include at least:
1.
The location by street number of the proposed sign;
2.
The name and address of the sign owner and the owner of the premises where the sign is to be located, if other than the sign owner;
3.
A scale drawing showing the proposed construction, method of installation or support, colors, dimensions, location of the sign on the site, and method of illumination;
4.
Such other pertinent information as the Building Inspector may require to ensure compliance with the by-law and any other applicable law; and
5.
The application must be signed by the owner of the sign and the owner of the premises where the sign is to be located.
The Building Inspector shall have the authority to reject any sign permit application which is not complete when submitted. |
D.
Time Limitation — The Building Inspector shall approve or disapprove any application for a sign permit within sixty (60) days of receipt of the application. If the Building Inspector should fail to approve or disapprove an application for a sign permit within such sixty (60) day period, the application shall be deemed approved provided that such sign shall conform to all provisions of the bylaw.
E.
Fees — The Board of Selectmen shall establish and from time to time review a sign permit fee which shall be published as part of the sign permit application.
§ 650-38.4 Signs prohibited in all districts.
A.
All billboards.
B.
Signs on utility poles, trees, or fences and all signs not located on the same premises as the advertised activity, business, product, or person.
C.
All signs consisting of pennants, ribbons, streamers, spinners, revolving beacons, searchlights, or animated signs, by Special Permit only.
D.
No sign shall rotate, or make noise. No sign shall move or give the illusion of moving except for indicators of time and temperature or barber poles.
E.
No roof signs shall be erected except those roof signs placed at least one (1) foot below the top of the lower slope of a mansard roof.
F.
Mobile Signs — Signs that are placed on a chassis or that are designed to be taken from site to site are not allowed.
G.
Portable Signs — Signs on sidewalks that swing freely, except for A-Frame signs that do not exceed 6 square feet (each side) and do not impede vehicular or pedestrian safety. Portable signs are limited to one sign per business and shall be removed at the close of business each day.
H.
Sign Structures, and operations of such signs shall be grandfathered if such signage has been properly permitted and has maintained its permitted status.
§ 650-38.5 Signs which do not require a sign permit.
A.
Resident Identification Sign — For single and two family residential uses in any district, one identification sign upon a lot identifying the occupants of the dwelling or one sign identifying an authorized home occupation shall not require a Sign Permit. In the residential districts, one sign identifying an authorized home occupation shall not require a Sign Permit. In the residential districts, one sign identifying any other use which is conducted on the premises and is permitted in the residential districts. All such signs shall not exceed six square feet of display area and if lighted, shall use indirect white light only. All such signs shall be placed on the street side only.
B.
Government Signs — Signs erected and maintained by the Town of Webster, the Commonwealth of Massachusetts, or the Federal Government on any land, building, or structure used by such agencies and any other signs at any location required by such agencies for public health, safety purposes or other public purposes.
C.
Temporary Construction Signs — One temporary construction sign for a new project identifying the building, the owner or intended occupant, and the contractor, architect, and engineers, which shall not be illuminated nor in excess of thirty-two (32) square feet of display area. Such signs shall not be erected prior to the issuance of a Building Permit and shall be removed within seven (7) days of completion of the construction or issuance of the Occupancy Permit, whichever comes first.
D.
Fuel Pump Signs — Fuel pump signs on service station fuel pumps identifying the name or type of fuel and price thereof.
E.
Window Signs — Window signs in the Business or Industrial Districts shall not require a Sign Permit provided that their aggregate display surface covers no more that seventy-five percent (75%) of the window or door on which they are placed. Window signs promoting a public service or charitable event shall not be calculated in the allowable seventy-five percent (75%).
F.
Political Signs — Political signs are allowed on private property for a period beginning sixty (60) days before an election. All signs must be removed within seven (7) days following an election. Signs shall be no more than twenty-four (24) square feet in area.
G.
Real Estate Signs — Real estate signs are allowed for a period of up to thirty (30) days beyond the closing of sale.
H.
Service and Charitable Organizations — Signs announcing fundraising and community service events shall be allowed for a period beginning sixty (60) days before an event. Signs shall be removed within seven (7) days following such event.
§ 650-38.6 Signs permitted in the Business and Industrial Districts.
Any principal use permitted in the Business and Industrial Districts may erect a sign subject to the following:
A.
Exterior Sign — Except as may otherwise be provided, one (1) exterior sign shall be permitted for each business, not including directional or informational signs. The exterior sign may be a wall sign, individual letter sign, or projecting sign.
1.
Wall Sign or Individual Letter Sign — A wall sign or individual letter sign shall not exceed four (4) feet overall in height. A wall sign or individual letter sign on the front facade on the first floor of a building shall not exceed in area one (1) square foot for each lineal foot of the wall, up to a maximum of forty (40) square feet. The length of signs of businesses occupying other than the first floor of a building shall not exceed six (6) square feet. No portion of a wall sign or individual letter sign shall project more than one (1) foot from the face of a wall or above the wall of any building. A business may divide the entire display area permitted on one front facade into separate wall signs or individual letter signs provided that the maximum height of each separate sign does not exceed the maximum height permitted herein, and that the sum of the aggregate width and area of each separate sign does not exceed the maximum permitted herein, and that all signage is located on the front facade of the building. Other signage on exterior walls would be considered secondary signage. Any sign larger than forty (40) square feet shall require a special permit from the Planning Board, acting in their capacity as the Special Permit Granting Authority.
2.
Projecting Sign — One projecting sign may be erected provided that the display area shall not exceed twenty-four (24) square feet and the thickness between sign faces shall not exceed more than one and one-half (1 1/2) feet. No portion of a projecting sign shall project more than six (6) feet from the face of a wall or above the wall of any building. A sign which projects over a sidewalk may not contain more than six (6) square feet of display surface. A business in the Industrial District may erect one projecting sign at each exterior doorway provided that the display area of the sign shall not exceed six (6) square feet and the sign conforms to all other provisions herein.
B.
Secondary Signs — If a business has a direct entrance into the business in a wall other than the front wall, there may be a secondary sign affixed to such wall, and if the business has a wall, other than the front wall, that faces upon a street or parking area, there may be a secondary sign affixed to such wall whether or not such wall contains an entrance to the business; provided, however, that no business shall have more than two secondary signs in any event. The total display surface of any secondary signage shall not exceed twenty four (24) square feet. Multiple signage is allowed provided that the total display area does not exceed twenty four (24) square feet.
C.
Directory Signs — One exterior directory sign listing the name and location of the occupants of the premises may be erected on the exterior wall or pole of a building at each entrance or other appropriate location provided the display area shall not exceed four (4) square feet for each occupant identified on the directory sign.
D.
Directional signs — Directional signs may be erected near a street, driveway, or parking area if necessary for the safety and direction of vehicular or pedestrian traffic. The display area of each directional sign shall not exceed two (2) square feet and no directional sign shall be located more than six (6) feet above the ground level if mounted on a wall of a building, more than three and one-half (3 1/2) feet above the ground if freestanding. Directional signs shall not advertise, identify, or promote any product, person, premises, or activity, but may identify the street name/number and provide traffic directions.
E.
Freestanding Business Sign — One freestanding business sign which identifies only the name of a business center or a business may be erected on a lot provided that no other signs permitted under this by-law other than directory or directional sign(s) shall be on the same lot. The display area of a freestanding business sign shall not exceed twenty-four (24) square feet and the height shall not exceed twelve (12) feet.
F.
No sign shall be erected with any part closer than ten (10) feet from the traveled roadway or side or rear lot lines.
§ 650-38.7.1 Electronic message center signs are allowed by Special Permit.
Elements to be reviewed and regulated in allowing a Special Permit shall include, but not be limited to the following:
A.
Such signs shall display static images only.
B.
Such signs may change their static images no more than once every thirty (30) seconds as a freestanding or monument sign or once every thirty (30) seconds as a wall sign. In addressing this issue, the Planning Board may review sight distances and speed limits on surrounding roads.
C.
Transitions from one static image to the next shall appear instantaneously without the appearance of flashing, animation or movement of any kind.
D.
The background of any Electronic Message Center shall remain a consistent color and intensity during each message.
E.
Such signs shall come equipped with automatic dimming technology that automatically adjusts the sign's brightness based on ambient light conditions.
F.
No Electronic Message Center sign shall exceed a brightness level of 0.3 footcandles above ambient light as measured using a footcandle meter at a distance of twenty (20) feet from the display.
G.
There shall be only one (1) Electronic Message Center allowed per property.
§ 650-38.7.2 Landscaping.
The area surrounding the base of all freestanding and monument signs shall be attractively landscaped. This landscaping may include low shrubbery, flowers or other such plantings that will not exceed one and one half (1 1/2) feet in height. These plantings will serve to obscure the supporting structure of the sign while adding to the overall appearance of the property.
§ 650-38.7.3 Site Plan Approval.
All signs shall be included as an element of all Site Plan Approval applications. The application shall include the location, size and height of all signs existing and proposed on the property. Applicants may be required to document signs on adjacent property if the Planning Board determines the circumstances warrant such to reach an informed decision.
§ 650-38.8 Signs permitted in the Residential Districts.
A.
In any Residential District having accessory uses permitted in a Residential District, such as mentioned under the definition of Home Occupation or Professional Offices, one (1) sign, per occupation, not over six (6) square feet in area shall be permitted. If lighted, only indirect white light must be used. All such signs shall be placed on the street side only.
B.
In Residential Districts, real estate signs not over six (6) square feet in area advertising the sale or rental of the premises on which they are located are permitted. Real estate signs are allowed for a period up to thirty (30) days beyond the closing of sale.
C.
Political signs are allowed in Residential Districts for a period beginning sixty (60) days before an election. All signs must be removed within seven (7) days following an election.
D.
Resident Identification Sign — For single and two family residential uses in any district, one identification sign upon a lot identifying the occupants of the dwelling shall not require a Sign Permit. All such signs shall not exceed six square feet of display area and if lighted, shall use indirect white light only.
E.
Contractor Signs: One (1) sign no closer than ten (10) feet from any street or property line may be permitted. Such sign shall be removed no later than fourteen (14) days after the issuance of an occupancy permit. In the event of multiple units or subdivision construction, the removal must follow within fourteen (14) days of the issuance after the last occupancy permit.
§ 650-38.9 Exceptions.
A.
Under extreme and unusual conditions, exceptions may be granted only to the size and setback requirements which are established in the Webster Zoning By-law. These exceptions shall be allowed through Special Permit process with the Planning Board acting as the Special Permit Granting Authority (SPGA). In granting a Special Permit, the SPGA must determine that:
1.
The sign in question is appropriately located and reasonably adapted to the proper use.
2.
The sign will not be a nuisance or a hazard to vehicles and pedestrians.
3.
The granting of such a Special Permit does not derogate substantially from the intent of the By-law.
4.
Billboards shall not qualify for a Special Permit under any circumstances.
The proposed sign must meet the above criteria. However the Special Permit Granting Authority is not limited to these criteria in exercising its authority to find a sign inappropriate or unnecessary for a given site. Exceptions are not allowed to be permanent signs, there shall be time limits associated with signs that qualify for an exception. The Planning Board shall establish reasonable fees for application and review under this provision. |
§ 650-38.10 Appeals.
Any appeal hereunder to the Building Inspector regarding signage shall be taken within thirty (30) days from the date of the order or decision which is being appealed, by filing a notice of appeal, specifying the grounds thereof with the Town Clerk who shall forthwith transmit copies thereof to such officers or board whose decision is being appealed and to the Planning Board. Such officer or board shall forthwith transmit to the Planning Board all documents and papers constituting the record of the case in which the appeal is taken.
§ 650-39 Motor vehicle parking and loading.
[Amended 10-21-2013 FATM, Art. 13]
1.0
Off Street Parking and Loading Regulations. All off-street parking and loading space shall be provided and maintained for each structure and use hereafter established, erected, altered or extended in accordance with the provisions of this Chapter.
1.1
Use. All required off-street parking spaces as required by Section 2.0 shall be used solely for the parking of motor vehicles by residents, visitors, patrons or employees. There shall be no commercial sale, repair or storage of vehicles within off-street parking areas.
1.2
Setback Requirements. A driveway may be included in the front and side yard setbacks, but parking shall not be allowed in the front yard setback (except for single and two-family dwellings).
1.3
Location. All required parking spaces shall be located on the same or abutting lot as the use they serve. When practical difficulties prevent such location or the public safety or convenience would be better served, they may be located within three hundred (300) feet from the premises they are intended to serve if the following conditions are met:
1.3.1
That the property is in the same possession, either by deed, easement or long-term lease assuring the use of the required parking spaces.
1.3.2
Means of pedestrian access is available so that pedestrians are not required to traverse property owned by another except where public sidewalks may provide the access.
1.3.3
Such separated parking space does not cause unreasonable traffic congestion, detriment to any residential neighborhood or hazard to pedestrian or vehicular traffic.
1.4
Change in Requirements. Whenever there is a change of use or enlargement of a structure which increases the parking and loading requirements for the use or structure, there shall be provided parking and loading spaces required for the entire structure or use, unless the increase in units of measurement specified in Section 2.0 amounts to less than twenty-five (25) percent, whether such increases occur at one time or in successive stages.
2.0
Required Off-Street Parking Spaces. All uses and structures shall provide off-street parking spaces in an amount equal to or greater than the number listed below. The total number of parking spaces necessary for two or more uses on the same lot shall be the sum of that required for each use. When computation is based on the number of employees, the number employed during the largest work shift shall be used.
Use | Number of Required Spaces | |||
|---|---|---|---|---|
Residential Uses | ||||
a. | Structure with less than four dwelling units. | 2 per dwelling unit | ||
b. | Structures with four or more dwelling units. | 1.5 per dwelling unit | ||
c. | Public elderly housing | 1.25 per unit with 0 or 1 bedrooms; 1.50 per unit with 2 or more bedrooms | ||
Commercial Uses | ||||
a. | All retail and service establishments except those specified below | 1 per 250 square feet of retail and service floor area plus 1 per employee | ||
b. | Eating and drinking establishments except for fast food and drive-in restaurants | 1 per 4 patrons based on maximum design capacity or 1 per 150 square feet gross floor area whichever is greater | ||
c. | Fast food and drive-in restaurants | 1 per 40 square feet gross floor area | ||
d. | Hotels, motels, country inns, rooming and lodging houses and group dwellings | 1 per room plus 1 per 4 patrons for restaurants, lounges and meeting rooms based on maximum design capacity | ||
e. | Medical, veterinary and dental offices | 8 per doctor or dentist | ||
f. | Shopping center or mall | 1 per 250 square feet gross leasable area | ||
g. | Convenience grocery store | 1 per 100 square feet gross floor area | ||
h. | Drive-up service such as a bank or car wash | 1 per employee plus 5 off-street waiting spaces leading to and 1 beyond each service stall | ||
i. | Commercial and trade schools | 1 per 400 square feet gross floor area | ||
j. | Auto service station | 1 per employee plus 4 per service stall | ||
k. | Furniture stores, contractor's equipment, farm equipment and feed sales, mobile homes and motor vehicle sales | 1 per 400 square feet gross floor area plus 1 per 3000 square feet outside sales area | ||
l. | Amusement enterprises, including bowling alleys, billiard tables, pinball machines, video games, tennis and racquetball courts | 4 per alley, table or court, 1 per machine or game plus 1 per employee | ||
m. | Other recreational uses | 1 per 4 patrons based on maximum capacity of facility | ||
n. | Funeral parlor | 1 per 4 patron seats plus 1 per each funeral vehicle plus 1 per employee | ||
Industrial | ||||
a. | All industrial uses except those specified below | 1 per 1.5 employee plus 1 per each company vehicle plus 1 per each 25 required spaces for visitors | ||
b. | Auto wrecking, junk and scrap establishments | 1 per employee plus 1 per 10,000 square feet of storage area | ||
c. | Freight and trucking terminals, wholesale distribution and warehouses, moving and storage, parcel delivery | 1 per employee plus 1 per each company vehicle | ||
Public and Quasi-Public Uses | ||||
a. | Places of public assembly, including churches, auditoriums, meeting rooms and theaters | 1 per 4 seats with fixed seats otherwise 1 per 4 patrons based on maximum capacity | ||
b. | Hospitals | 2 per bed | ||
c. | Convalescent, nursing and rest homes | 2 per 5 beds | ||
d. | Library, museum, gallery or historic site | 1 per 800 square feet gross floor area plus 1 per employee | ||
e. | Schools Elementary- Junior High High School Higher Education | 1 per employee plus 1 per class room 1 per 10 students 1 per 4 students | ||
f. | Clubs and Lodges | 1 per 3 persons based on maximum capacity | ||
g. | Day or Nursery School | 1 per teacher/employee plus 1 per 6 students | ||
3.0
Design. Parking areas shall be arranged to provide an adequate, safe and convenient arrangement of roadways, driveways, off-street parking and loading spaces and pedestrian facilities. Parking areas containing more than five (5) parking spaces shall meet the dimensional standards specified in Sections 3.1 and 3.2. Parking plans shall be submitted sufficient for the Building Inspector to determine if the proposed layout properly complies with these standards.
3.1
Dimensions. All parking spaces shall meet the minimum geometric standards prescribed in Tables A and B. No portion of any parking space shall intrude into the required aisle width. Parking lots shall be designed to permit each motor vehicle to proceed to and from all unoccupied parking spaces without requiring the moving of any other parked motor vehicle. Spaces shall be designed to prevent motor vehicles from backing onto a public street in order to leave the lot.
3.2
Compact Car Parking. Reduced dimensions for compact cars may be provided if the stalls comply with the dimensions prescribed in Table B. Such spaces shall be well marked and easily distinguished from standard spaces. The maximum number of such stalls shall not exceed thirty (30) percent of the total number of stalls for general public use or fifty (50) percent for employees and commuter facilities.
4.0
Construction. All access driveways and off-street parking and loading areas shall be paved with asphalt, concrete or other similar hard surface material with all parking spaces designated with a four (4) inch white or yellow stripe painted the entire length of each space. The surface shall be graded and drained in such a manner that there will be no free flow of water onto either adjacent properties or sidewalks.
5.0
Landscaping. All parking areas shall be properly screened and landscaped to protect adjacent property from undesirable effects of parking lots and to preserve the appearance and character of the surrounding neighborhoods.
5.1
The entire front setback area, except for driveways, shall be landscaped and there shall be a landscaped strip at least five (5) feet in width from other property lines.
5.2
Excluding the area required by Section 5.1 above, the landscaped area within the parking lot shall not be less than three (3) percent of the surface area of the parking lot, except for parking lots with two bays or less of single rows, no interior landscaping shall be required.
5.3
A minimum of one (1) tree shall be provided within the landscaped areas for each ten (10) parking spaces. Existing trees and natural vegetation shall be retained wherever practicable.
Table A | |||||
|---|---|---|---|---|---|
Minimum Off-Street Parking Area Dimensions | |||||
Parking Angle Per Car | Stall Width | Stall Length | Stall to Curb | Aisle Width** | Curb Length |
A | B | C | D | E | E |
0 | 8.0 | 20.0 | 8.0 | 12.0 | 23 |
30 | 9.0 | 19.0 | 17.3 | 11.0 | 18 |
45 | 9.0 | 19.0 | 19.8 | 13.0 | 12.7 |
60 | 9.0 | 19.0 | 21.0 | 18.0 | 10.4 |
90 | 9.0 | 19.0 | 19.0 | 24.0* | 9.0 |
* | Two-way circulation. |
** | Minimum width of traffic aisles for two-way traffic shall be twenty-four (24) feet. |
 |
Table B | |||||
|---|---|---|---|---|---|
Minimum Off-Street Parking Area Dimensions Compact Cars | |||||
Parking Angle Per Car | Stall Width | Stall Length | Stall to Curb | Aisle Width** | Curb Length |
A | B | C | D | E | E |
0 | 8.0 | 16.0 | 8.0 | 12.0 | 20 |
30 | 8.0 | 16.0 | 14.9 | 10.0 | 16 |
45 | 8.0 | 16.0 | 17.0 | 11.0 | 11.3 |
60 | 8.0 | 16.0 | 17.9 | 14.2 | 9.2 |
90 | 8.0 | 16.0 | 16.0 | 22.0 | 8.0 |
* | Two-way circulation. |
** | Minimum width of traffic aisles for two-way traffic shall be twenty (20) feet. |
5.4
Any landscaped area shall be bordered by a permanent curb six (6) inches high to restrict the destruction of landscaped areas by vehicles, or as otherwise approved by the Planning Board.
5.5
Raised islands shall be installed at the ends of all parking bays abutting an aisle or driveway and landscaped with grass, trees or shrubs and may be combined with crushed stone.
5.6
Where a parking area is located adjacent to a residential dwelling, there shall be provided along the lot line a continuous solid fence, masonry wall or evergreen plantings to a height adequate to prevent direct light from automobile headlights being cast on the dwelling.
5.7
Adequate lighting shall be provided if the uses which are served by the parking lot will be in operation at night. The lighting shall be directed so as not to produce objectionable glare on adjacent property or streets.
6.0
Loading Regulations. For all non-residential uses involving the distribution of vehicles, materials or merchandise, there shall be provided and maintained on the lot adequate space for standing, turning, loading and unloading services in order to avoid interference with public use of streets and alleys.
6.1
All loading and delivery facilities shall be located either at the side or rear of buildings they are designed to serve, but not closer than ten (10) feet from a public right of way and five (5) feet from any other lot line.
6.2
Each required space shall be at least twelve (12) feet in width, fifty (50) feet in length and have a vertical clearance of at least fourteen (14) feet.
6.3
Required Loading Spaces.
At which first berth is required | At which second berth is required | |||
|---|---|---|---|---|
Industrial | 5,000 | 40,000 | ||
Commercial | ||||
Wholesale, Service | 10,000 | 40,000 | ||
Retail | 10,000 | 20,000 | ||
Commercial | ||||
Recreation | 10,000 | 100,000 | ||
Restaurant | 10,000 | 25,000 | ||
Office Building, Hotel, Funeral Home | 10,000 | 100,000 | ||
Institutional | 10,000 | 100,000 | ||
Public Buildings | 10,000 | 100,000 | ||
§ 650-40 Trailers and mobile homes.
[Amended 3-22-1971 ATM, Art. 27]
No trailer or mobile home used as a permanent habitation, office, camp or like purpose, whether on wheels, jacks or foundation and unregistered for travel, shall be allowed.
§ 650-41 Swimming pools.
[Added 5-5-1981 ATM, Art. 19]
A.
Every above ground swimming pool shall be equipped with a ladder which shall either be removed or raised to an upright position at all times when the pool is not in use.
B.
Every outdoor in-ground swimming pool shall be completely surrounded at all times, by a suitable fence or wall not less than four feet in height. A building may be used as part of such enclosure.
C.
All gates or door openings through each enclosure shall be of not less than the same height as the fence or wall and shall be equipped with a self-closing and self-latching device located not less than three feet above the bottom of the fence or wall for keeping the gate or door securely closed at all times when not in actual use. The door of any dwelling which forms a part of the enclosure need not be so equipped. Each such gate shall be kept locked at all times when the swimming pool is not in use.[1]
[1]
Editor's Note: Original Subsection 7Q, adopted 5-8-2000 ATM, Art. 5, which imposed a six-month moratorium on wireless telecommunications facilities and which followed this section, has been omitted due to its expiration.
§ 650-42 Windmills and wind-powered generators.
[Added 5-5-1981 ATM, Art. 21]
Windmills and wind-powered generators shall be considered an accessory to the use of a dwelling, provided that:
A.
Towers shall be no more than 60 feet high except in wooded areas where they shall not be more than 80 feet high.
B.
Windmills and wind-powered generators must be set back from all lot lines at least the distance equal to the height of the tower from its base on the ground to the highest extension of any part of the windmill or wind-powered generator.
[Amended 10-21-2013 FATM, Art. 15]
C.
Rotors diameter shall not exceed 35 feet.
D.
Rotors larger than 35 feet may be allowed only if proof can be provided that the installation will not cause excessive noise interference with neighboring television and radio reception or otherwise be a public nuisance or hazard.
§ 650-43 Common driveways.
[Added 10-15-2007 FATM, Art. 18]
Common driveways may be permitted upon the granting of a special permit by the Planning Board to service no more than two lots for single-family dwellings provided that the two lots meet all required zoning provisions including § 650-36, Frontage. The purpose of allowing common driveways is to reduce traffic hazards from numerous individual driveways, to consolidate access to the buildable areas of lots across wetland resource areas, and to minimize the removal of trees and other vegetation, thereby preserving rural character. The applicant shall submit documents, plans, and profiles for approval to the Planning Board to assure compliance with the following standards for common driveways:
A.
The maximum grade shall be 10%. The minimum grade shall be 1%, with a 5% maximum grade within 50 feet of the driveway's intersection with a street. The minimum centerline radius shall be 60 feet. The maximum length shall be 1,000 feet.
B.
The minimum width for the durable surface shall be 12 feet and maximum width shall be 16 feet with a three-foot wide gravel shoulder on at least one side. Driveways shall be surfaced with a durable, all-season non-dusting material, drained and suitably maintained to the extent necessary to avoid any nuisance by reason of dust, erosion, or water flow onto streets or adjoining property.
C.
The common driveway shall exit onto the frontage street with a minimum angle of intersection of 75°, and shall be located entirely within the boundaries of the lots being served.
D.
An easement with a minimum width of 24 feet shall be created and recorded along with the deeds for the lots to assure maintenance, drainage, snow removal, rubbish collection, and the like, and liability for the common driveway shall remain the responsibility of the private parties, or their successors-in-interest, in perpetuity. A copy of the draft maintenance agreement shall be submitted with the application.