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Westborough City Zoning Code

ARTICLE 8

General Regulations

§ 8.1 Parking and loading requirements.

A. 
General. Except in the Downtown Business (BB) District, which is exempt from these requirements, adequate off-street parking must be provided to service all parking demand created by new construction, whether through new structures or additions to old ones, and by change of use of existing structures. Such parking shall be either on the same premises as the activity it services, or within 300 feet on a separate parcel, which may be jointly used with other premises for this purpose.
B. 
Schedule of parking area requirements. In applying for a building or occupancy permit, the applicant must demonstrate that the following minimums will be met unless these are reduced on special permit from the SPGA upon its determination that special circumstances render a lesser provision adequate for all parking needs. Requirements are additive for multiple uses on the same lot. Where uses cannot be calculated separately, the use requiring the higher number of spaces shall be used throughout.
(1) 
Dwellings: two spaces per dwelling unit.
(2) 
Motel, motor court, lodging house: one space per guest unit, plus one space per eight guest units or fraction thereof.
(3) 
Offices: 3.5 spaces per 1,000 square feet. "Square feet" shall mean that total floor area enclosed within the outside walls of the building or, if not enclosed, it shall be the area of the smallest quadrangle which can encompass the area in use.
(4) 
Retail sales: one space per 200 square feet. "Square feet" shall mean that total floor area enclosed within the outside walls of the building or, if not enclosed, it shall be the area of the smallest quadrangle which can encompass the area in use.
(5) 
Wholesale sales (where the public is not allowed): one space per 300 square feet. "Square feet" shall mean that total floor area enclosed within the outside walls of the building or, if not enclosed, it shall be the area of the smallest quadrangle which can encompass the area in use.
(6) 
Research and development: 3.5 spaces per 1,000 square feet. "Square feet" shall mean that total floor area enclosed within the outside walls of the building or, if not enclosed, it shall be the area of the smallest quadrangle which can encompass the area in use.
(7) 
Restaurant, place of assembly: one space per four seats.
(8) 
Lounges: one space per two seats.
(9) 
Restaurant (takeout): three spaces per each employee.
(10) 
Bowling alley: four spaces per lane.
(11) 
Nursing home: one space per four beds.
(12) 
Hospital: one space per bed.
(13) 
Industrial: one space per each 1 1/2 employees per shift.
(14) 
Congregate housing: one space per two dwelling units.
(15) 
Others: individually determined by the SPGA or, where there is no special permit required, the Planning Board upon site plan review.
C. 
Parking area design. No off-street parking area shall be maintained within 10 feet of a street line. For parking areas of six cars or more, in addition to the requirements in § 8.3B(3), the following shall apply:
(1) 
Parking area use shall not require backing on a public way.
(2) 
There shall be not more than one entrance and one exit from such lots per 200 feet of street frontage or fraction thereof. If necessary to meet this requirement, uses shall arrange for shared egress.
(3) 
Such parking lots shall be screened from any abutting residential use by densely planted evergreen shrubs or by a stockade-type fence and shall be paved. Said shrubs shall be a minimum of four feet in height; variety of shrub, the distance from any lot line, and spacing shall be subject to approval by the Tree Warden. Said fence shall be a minimum of six feet in height, and said paving shall be with generally accepted paving material as approved by the SPGA or, where there is no special permit required, the Planning Board at the time of site plan review.
(4) 
In a residential district, no such parking lot shall extend into a required yard, except that such an extension may be permitted by special permit for congregate housing.
D. 
Parking garage. A parking garage shall conform to § 8.1C(1) and (2). Where a parking garage is attached to or part of a structure, it shall be constructed to give the same outward appearance as the structure to which it is attached. For the purpose of this bylaw, a parking garage shall not be considered an accessory use or structure.
E. 
Loading requirements. Adequate off-street loading facilities and space must be provided to service all needs created by new construction, whether through new structures or additions to old ones, and by change of use of existing structures. Facilities shall be so sized and arranged that no trucks need back onto or off of a public way, or be parked on a public way while loading, unloading, or waiting to do so.

§ 8.2 Signs and outside displays.

A. 
Signs erected after the adoption of this bylaw shall be governed by this section. Signs lawfully existing at the time of the adoption of this bylaw shall be governed by § 5.2.
B. 
The following, however, shall not be considered signs within the context of this bylaw:
(1) 
Flags and insignia of any government except when displayed in connection with commercial promotion;
(2) 
Legal notices or informational signs erected or required by government bodies;
(3) 
Temporary signs, erected for a maximum of 30 days, for a charitable, nonprofit or religious cause, provided that the sign area does not exceed six square feet in a residential district or 12 square feet in any other zoning district.
(4) 
Standard fuel pumps bearing thereon in usual size and form the name, type and price of fuel;
(5) 
Integral decorative or architectural features of building, except letters, trademarks, moving parts, or parts internally illuminated or employing decorative lighting;
(6) 
Signs guiding and directing traffic and parking and not exceeding six square feet in area, bearing no advertising matter;
(7) 
Lettering on approved U.S. mailboxes, provided said lettered area shall not exceed two square feet;
(8) 
Signs posting "No Hunting" or "No Fishing," provided said sign area shall not exceed two square feet.
C. 
General sign regulations.
(1) 
Signs, any part of which moves or flashes, or of the traveling light or animated type, and all beacons and flashing devices whether a part of, attached to, or apart from a sign, are prohibited. Within the Downtown Business District (BB), Downtown Planning Overlay District (DPOD), Gateway 2 District (G2), Historic District and the Senior Living Overlay District (SLO), only externally illuminated signs or opaque signs that are not illuminated shall be allowed. Automated variable message signage shall be prohibited in the aforementioned districts.
(2) 
No illumination shall be permitted which casts glare onto any residential district, or onto any portion of a way so as to create a traffic hazard. Externally lighted signs may be illuminated only by a white, steady, stationary light of reasonable intensity shielded and directed solely at the sign. When lighted from within, a sign may be illuminated only with light of reasonable intensity. Reasonable intensity of said light shall be determined by the Select Board based on the use and character of the immediate vicinity.
(3) 
No sign shall be placed within or projecting over a public way or on public property except with a permit from the Select Board.
(4) 
All new signs not elsewhere provided for in this bylaw or qualifying as a nonconforming use under the Zoning Bylaw, having a sign area greater than 12 square feet, may only be erected, constructed or altered after a permit has been issued by the Building Commissioner.
(5) 
No sign shall be affixed to or painted on any living or natural object such as a tree or rock, and no sign shall be placed on land or affixed to any structure without permission from the owners thereof.
(6) 
Projecting signs. Any sign any part of which projects more than 10 inches from a supporting wall of any building shall not be permitted except as permitted by the Design Review Board (DRB) in the Downtown Business (BB), Downtown Planning Overlay District (DPOD), Historic District or Gateway 2 District (G2).
[Amended 3-25-2023 ATM by Art. 34]
(7) 
Wall signs. Signs affixed to an exterior wall of any building shall be permitted only if conforming with the following:
(a) 
All parts of said sign shall be within 10 inches of its supporting wall.
(b) 
Sign area shall not exceed 15% of the wall area with which it is viewed.
(c) 
Said sign shall not extend beyond the wall dimensions, horizontally or vertically.
(d) 
Not more than one such sign shall be allowed on any building except as allowed or as further restricted elsewhere in this bylaw.
(8) 
Ground signs. Signs erected on the ground and which are wholly supported from the ground shall be permitted only if conforming with the following:
(a) 
No part of any such sign shall be within five feet of any building.
(b) 
All such signs shall have a clear space where required to promote public safety. This shall be demonstrated at the proposed sign location prior to sign approval and sign installation.
(c) 
No such sign shall have a horizontal dimension greater than 15 feet.
(d) 
Sign area shall not exceed 50 square feet except if the lot fronts on Turnpike Road, the sign area shall not exceed 100 square feet.
(e) 
No such sign shall have a vertical height greater than 20 feet except if the lot fronts on Turnpike Road, the vertical height shall not be greater than 30 feet.
(f) 
No part of any such sign shall be less than 10 feet from any lot line except if the lot fronts on Turnpike Road, no part of any such sign shall be less than 35 feet from any lot line. Signs within the Downtown Business (BB) District shall be exempt from this provision.
(g) 
Every sign within 25 feet of the curbline of two intersecting streets shall have a clear space, except for necessary structural supports, of not less than eight feet between the ground and the lowest part of the sign.
(9) 
Roof signs. Signs affixed to a building or roof shall not extend more than 12 feet above the height of the building. Any sign erected and maintained wholly upon or over the roof of any building with the entire support on the roof structure shall have a clear space, except for necessary structural supports, of not less than four feet between the roof level and the lowest part of the sign. Said sign shall be more than four feet measured from the inside dimension of the wall toward which the sign faces.
D. 
Temporary accessory signs. Any temporary sign is permitted to be erected for up to 30 days if in accordance with limitations set for permanent signs or the following:
(1) 
An unlighted sign of up to 20 square feet, indicating parties involved in construction on the premises.
(2) 
An unlighted sign of up to 12 square feet, pertaining to lease, sale or rental of the premises on which the sign is located, except in a residential district, where the sign area shall not exceed six square feet.
(3) 
A sign of up to 10 square feet, pertaining to a subdivision while under development only with permission of the Planning Board.
(4) 
Signs inside display windows covering not more than 30% of window area, illuminated by building illumination only. Temporary signs inside a display window advertising a specific event or activity or notice to the public shall not be permitted for longer than 30 days, unless approved by the Building Commissioner, and shall be removed immediately upon the conclusion of the event or activity. Such sign shall not exceed 20% of the window area and shall not be separately lit.
(5) 
Signs which are mounted to any motor vehicle or trailer which is parked for the sole purpose of advertising a business establishment on or off premises are prohibited.
(6) 
Signs naming political issues or political candidates shall not exceed six square feet in area. Said signs shall be allowed only from 60 days prior to an election until five days following the election.
E. 
Permanent accessory signs. Signs whose content relates exclusively to the premises on which they are located, or to products, accommodations, services or activities on those premises, shall only be allowed if conforming to § 8.2E(1) through (5).
(1) 
Signs, unlighted unless otherwise provided herein, which may be permitted in any Single Residential (R) and Garden Apartment (AA) Districts:
(a) 
One identification sign for each dwelling unit, provided said sign area shall not exceed two square feet and it shall not be used other than for identifying the occupant and/or address thereof. Land used for 10 or fewer dwelling units may have one sign not to exceed two square feet in area, indicating the owners or occupants. Sign area may be increased by one square foot for each 10 additional dwelling units; sign area not to exceed 20 square feet except if the land fronts on Turnpike Road, sign area may increase to 40 square feet.
(b) 
One identification sign for each community facility, provided said sign area shall not exceed 12 square feet; if lighted, it shall be illuminated with white light by indirect method only, and it shall be set back from the front lot line by not less than 1/2 the depth of the front yard.
(c) 
Signs of the temporary accessory type not elsewhere restricted.
(d) 
One home occupation sign not to exceed two square feet in area.
(e) 
A business in a high-rise apartment shall have no sign pertaining to such place of business outside of any building and no illuminated sign pertaining to such place of business visible from a public way.
(2) 
Signs which may be permitted in any business, industrial or mixed use district:
(a) 
Any sign permitted by § 8.2E(1) subject to the same provisions.
(b) 
Each commercial or industrial enterprise may only have one ground sign and one roof or two wall signs.
(c) 
One additional wall sign used as a directory to the occupants or tenants of a building may be affixed to an exterior wall at one entrance of said building. Said directory shall not exceed an area determined on the basis of one square foot for each occupant or tenant; total sign area shall not exceed six square feet.
(d) 
Each lot in a business or industrial district with a building put to commercial or industrial use may have not more than one ground sign. Sign area shall not exceed that allowed for said lot. Each tenant may share equally in the allowed sign area. Where an industrial area is removed from a public way by a private access road, one additional ground sign not to exceed 20 square feet may be placed within view of said public way, but not within 20 feet of said way.
(e) 
Information related to specific business operations on the premises, such as proprietor's name; contact information, including phone number, hours of operation, web page address, and the like, as defined in the Town of Westborough's Signage Guidelines, shall be allowed on the primary customer entry door. Such information shall not occupy more than 25% of the door surface area.
(3) 
Signs which may be permitted in any Conservation (C), State, MDC, Municipal (M) Districts:
(a) 
One identification sign for each frontage on a public way shall be permitted.
(b) 
Sign area shall not exceed 12 square feet.
(4) 
A farm, institutional or noncommercial recreational use may have one sign not to exceed 12 square feet. Said sign must be located on the land so used. Should said land front on more than one public way, a sign shall be allowed for each such lot frontage.
(5) 
Signs whose content relates jointly to "brand names" as well as information relating to the premises on which the sign is located shall have the sign area divided equally between the brand name and the information relating to the premises.
(6) 
When any sign becomes insecure, in danger of falling, or otherwise unsafe, the owner thereof shall, upon written order of the Building Commissioner, remove or repair the sign forthwith.
(7) 
Historical districts and/or National Register properties.
(a) 
Signs erected, altered or relocated within the confines of any National Register of Historic Places District or the Westborough Downtown Business District or any zoning district within 2,500 feet of the Downtown Rotary shall be in keeping with the historic character of that district. This places additional conditions upon design, materials, lettering and color of signs in these districts. In residential districts within 2,500 feet of the Downtown Rotary, signage shall be in conformance with § 7.3C of this bylaw.
(b) 
The Design Review Board approval is required for any new or revised existing signs which will be located in any historic district, the Westborough Downtown Business District, or any zoning district within 2,500 feet of the Downtown Rotary. The Design Review Board shall prepare, and the Planning Board shall approve, guidelines relating to appropriate sign design for historic districts.
[Amended 3-25-2023 ATM by Art. 34]
(c) 
The Design Review Guidelines shall be applied by the DRB in reviewing and approving signs. Copies of these guidelines shall be made available from both the DRB and Building Commissioner.
[Amended 3-25-2023 ATM by Art. 34]
(d) 
Following signage review the DRB shall provide a decision to the Building Commissioner.
[Amended 3-25-2023 ATM by Art. 34]
(e) 
Neon halo, gas-filled-tube-type illuminated signs and internally illuminated signs are not in keeping with the historic character of the districts and shall not be allowed.
(f) 
Lighting of signs within these districts shall be limited to shielded light sources. For signboards or other wall-mounted signs, historically appropriate gooseneck light sources may be used. The design, material, and location of such light sources shall be reviewed and approved by the Design Review Board, where appropriate. Indirect or downward-directed lighting may be used to illuminate projecting signs.
[Amended 3-25-2023 ATM by Art. 34]
(g) 
Enforcement of these requirements shall be the responsibility of the Building Commissioner.
F. 
Off-premises signs. Billboards or signs whose content does not relate exclusively to the premises on which they are located or to products, accommodations, services or activities on those premises shall not be permitted.
(1) 
Off-premises signage may be allowed by the Building Commissioner if the off-premises signage serves to reduce traffic congestion, improve public safety or serves a similar public benefit.
(2) 
The Building Commissioner may also allow off-premises signage to announce temporary events. The location and duration of the display of such off-premises signage shall be determined by the Building Commissioner.
G. 
Nonconforming signs. Any sign that was legally erected prior to the adoption of this section of this bylaw or has been legally erected since the adoption of this section may continue to be maintained but shall not be enlarged or altered in any way unless it is brought into conformity with the requirements of this bylaw. A nonconforming sign is subject further to the following regulations:
(1) 
A nonconforming sign shall not be moved or relocated unless it is brought into compliance with the provisions of this bylaw.
(2) 
Once a business closes, any nonconforming sign must be removed immediately and any new sign must conform.
(3) 
Any modification to a nonconforming sign, other than repainting, refurbishing and/or repairing it to its original condition, shall void such nonconformity, and any new sign shall comply with this bylaw.
H. 
Outside display.
(1) 
Display of merchandise or other materials exterior to a building in the Downtown Business District (BB), Downtown Planning Overlay District (DPOD), and the Gateway 2 District (G2) shall be reviewed and approved by the Design Review Board.
(2) 
Umbrellas serving outdoor seating or related activities in the Downtown Business District (BB), Downtown Planning Overlay District (DPOD), and the Gateway 2 District (G2) shall be considered an architectural feature and shall be reviewed and approved by the Design Review Board.

§ 8.3 Environmental controls.

A. 
Disturbances. No use shall be allowed if it will cause sound, noise, vibration, odor, or flashing (except for warning devices, temporary construction or maintenance work, parades, recreational activities, or other special circumstances) perceptible without instruments more than 400 feet from the boundaries of the originating premises if in an industrial district, or more than 200 feet from the boundaries of the originating premises if in a business district.
B. 
Roadside and parking area trees. In all zoning districts, the maintenance, establishment and protection of roadside and parking area trees is to be encouraged. Roadside trees are to at least meet the requirements of the Subdivision Rules and Regulations. In all zoning districts, minimum requirements for roadside and parking area trees shall conform to Article 46 of the Town Charter and Bylaws.
(1) 
Removal of healthy trees over five inches in diameter (at breast height) is to be minimized along roadways and in areas proposed for parking areas.
(2) 
Planting new or replacement trees approximately every 35 feet along roads is required. Such trees should be deciduous hardwoods in order that a stately atmosphere may ultimately be created, and the placement of said trees is to be as approved by the permit granting authority and based upon recommendations from the Tree Warden.
(3) 
Planting new trees in parking areas of a size greater than six parking spaces is required at a ratio of one tree per 12 parking spaces, and placement of said trees is to be as approved by the permit granting authority and based upon recommendations from the Tree Warden.
(4) 
Roadside and parking area tree plantings should meet the following criteria:
(a) 
Cast moderate to dense shade in summer;
(b) 
Be long-lived, i.e., over 60 years;
(c) 
Be tolerant of pollution and direct or reflected heat;
(d) 
Require little maintenance, by being mechanically strong and insect- and disease-resistant;
(e) 
Be able to survive with no irrigation by two years after establishment.

§ 8.4 Earthmoving and clearing of property.

A. 
General. Earthmoving and/or clearing shall be done only in accordance with § 8.4B through G, except that the following shall be exempted from these provisions:
(1) 
The removal or addition of less than 500 cubic yards of such material, or clearing and grading activity which disturbs less than 20,000 square feet of land, within any twelve-month period.
(2) 
Earthmoving and/or clearing incidental to construction on a lot where such earthmoving is explicitly allowed under a currently valid building permit, special permit, or subdivision approval.
(3) 
Removal on a parcel for which removal was authorized under a legal permit issued prior to adoption of § 8.4 may continue until the expiration date of said permit, or for 18 months, whichever is the greater, provided that all bylaws, permits and conditions applicable prior to the adoption of this section shall be complied with. Subsequent to that date, full compliance with all the requirements of § 8.4 must be met.
(4) 
Clearing on property that has received an approved forest cutting plan development by a certified forester and approved by the Massachusetts Department of Environmental Protection.
B. 
Special permit or approval. Earthmoving and/or clearing shall be allowed only under a special permit issued by the Planning Board, following a written application, a copy of which shall be forwarded to the Conservation Commission and Town Engineer. The following shall be conditions for such issuance:
(1) 
The application shall be accompanied by a plan showing all natural and man-made features, including wetlands, watercourses, 100-year floodplain, property lines, names and addresses of all abutters if available from the Assessors, including those across any street or way, topography at two-foot contour interval of the site and all land within 100 feet of the area of the earthmoving and/or clearing activity, together with any grades below or above which finished surface will now lie, and the proposed cover vegetation and trees. The application shall include a description of earthmoving, clearing or construction activities, in sequence, which specifies the expected date of soil stabilization, vegetation and completion. If involving more than one acre of clearing, the plan shall be prepared by a registered landscape architect. If involving more than 500 cubic yards of materials to be moved, the plan shall be prepared by a registered engineer.
(2) 
A performance bond in the amount determined by the Planning Board shall be posted in the name of the Town, assuring satisfactory performance in the fulfillment of the requirements of this bylaw and such other conditions as the Planning Board may impose as conditions to the issuance of its permit.
(3) 
Before granting a permit, the Planning Board shall give due consideration to the location of the proposed earthmoving and/or clearing, to the general character of the neighborhood surrounding such location, to the protection of water supply, to the general safety of the public on the public ways in the vicinity, and to the recommendations of the Conservation Commission and Town Engineer. Prior to said consideration, the applicant shall notify the abutters as to the time and place of consideration and shall provide the Planning Board with proof of such notification.
(4) 
Inspection and compliance. In order to ensure compliance with a special permit or approval granted under this regulation, the Planning Board will require the applicant to perform periodic inspections and submit written reports. The interval and content of such inspection and reporting shall be determined during review of the application. Upon satisfactory completion of earthmoving and/or clearing activity, the applicant shall request a certificate of compliance. The Planning Board, as the case may require, shall perform an inspection prior to granting such certificate and releasing the performance bond or other security.
C. 
Earthmoving.
(1) 
Finish grade shall not lie below a level that would reasonably be considered a desirable grade for the later development of the area, or below the grades specified on the plan accompanying the permit application. The Planning Board may specify a base grade below which excavation shall in no event take place. The Planning Board from time to time may require the site be surveyed by a registered land surveyor for compliance with this bylaw. Cost of survey is to be paid by the permit holder.
(2) 
Provision shall be made for safe drainage of water, and for prevention of wind or water erosion-carrying material onto adjoining properties.
(3) 
The Planning Board may require an undisturbed fifty-foot buffer strip be maintained at all boundaries.
(4) 
The visibility, sound and airborne particulates from processing equipment shall be screened from adjacent premises through the design and location of such equipment and through use of natural vegetation planting, overburden piles and surge piles as screening.
(5) 
Dust from all earthmoving activities shall be controlled.
(6) 
Earth materials shall not be deposited onto public roads.
(7) 
Finish grade shall not lie below a level that is 10 feet above the natural, seasonal high-groundwater table for the site.
(8) 
Vegetative stabilization measures shall be employed during earthmoving and construction activity as required by the approving authority. All perimeter dikes and slopes, basin or trap embankments shall be stabilized with sod, seed, and anchored straw mulch within seven days of disturbance. All other disturbed areas shall be stabilized with sod, seed and anchored straw mulch within 14 days after disturbing activities are ceased.
(a) 
Topsoil shall be stripped from disturbed areas and stockpiled in an approved area and stabilized with a temporary vegetative cover if left more than 15 calendar days.
(b) 
Perimeter sediment controls shall be installed around stockpiled topsoil.
(c) 
During cold weather months, when seeding and sodding may be impractical, anchored mulch shall be applied as approved.
D. 
Clearing process.
(1) 
Provision shall be made for safe drainage of water, and for prevention of wind or water erosion-carrying material onto adjoining properties.
(2) 
The Planning Board may require an undisturbed fifty-foot buffer strip be maintained at all boundaries.
(3) 
The visibility, sound and airborne particulates from processing equipment shall be screened from adjacent premises through the design and location of such equipment and through use of natural vegetation planting.
(4) 
Dust shall be controlled.
(5) 
Vegetative stabilization measures shall be employed during clearing or grubbing activity as required by the Planning Board. All exposed soils shall be stabilized with sod, seed, and anchored straw mulch within seven days of disturbance. All other disturbed areas shall be stabilized with sod, seed and anchored straw mulch within 14 days after disturbing activities are ceased. During cold weather months, when seeding and sodding may be impractical, anchored mulch shall be applied as approved.
E. 
Restoration. Forthwith following the expiration or withdrawal of a permit or upon voluntary cessation of operations, or upon completion of activities to the extent covered by the performance bond [§ 8.4B(2)], that entire area shall be restored as follows:
(1) 
For earthmoving activities, all land shall be so graded that no slope exceeds a one-foot vertical rise in three feet horizontal distance and shall be so graded as to safely provide for drainage without erosion. The Planning Board may require the restored site be surveyed by a registered land surveyor for compliance with this bylaw. Cost of survey is to be paid by the permit holder.
(2) 
For earthmoving activities, all boulders larger than 1/2 cubic yard shall be removed or buried, and all tree stumps removed in compliance with the Westborough Board of Health Regulations. For clearing activities, all stumps shall be removed in compliance with the Westborough Board of Health Regulations.
(3) 
The entire area excepting exposed ledge rock shall be covered with not less than four inches of topsoil, which shall be planted with perennial cover vegetation adequate to prevent soil erosion.
(4) 
Any performance bond shall not be released until sufficient time has elapsed to ascertain that the vegetation planted has successfully been established and that drainage is satisfactory.
F. 
Additional conditions. The Planning Board may set conditions in addition to the above, including, but not limited to: duration of the permit, hours of the day during which earthmoving and/or clearing may take place, hours during which vehicles may travel to and from the premises, routes to be used by hauling vehicles and trees to be planted.
G. 
Renewal or revocation of permit. No permit or approval shall be issued under the provisions of § 8.4 to extend for a term of more than one year, but a permit or approval may be renewed upon application and after a public hearing. Prior to renewal, inspection of the premises shall be made by the Planning Board to determine that the provisions of this section are being complied with. The Planning Board, after a hearing and proof of violation of this section, shall withdraw the permit, after which the operation shall be discontinued and the area restored in accordance with § 8.4E. Violations of this section, or of any condition of a special permit or approval granted under this section, shall be punished by a fine consistent with the fine structure allowable under MGL c. 40, § 21(17), except where another penalty is provided.