Whately City Zoning Code
ARTICLE IV
General Regulations
§ 171-13 Parking and loading requirements.
A.
General requirements.
(1)
All parking demand for new structures, uses and changes or additions to existing uses shall be accommodated on the premises entirely off street.
(2)
No off-street parking area shall be located within 10 feet of a street right-of-way line.
(3)
The following additional requirements shall apply to parking areas for six or more vehicles:
(a)
The use of the parking area shall not require backing onto a public way.
(b)
Driveway widths shall not be less than 12 feet per travel lane.
(c)
Required off-street parking shall be located on the same lot as the principal use or, if sidewalks are present between the two parcels, the parking area may be located within 300 feet on a separate parcel. Parking areas may be shared by two or more uses, provided that the total number of spaces for each use computed separately is provided.
[Amended 2-5-1991 STM by Art. 4]
(d)
Each parking space shall be at least 8 1/2 feet by 18 feet in size and should be provided with adequate access and maneuvering area.
(e)
Parking areas shall be of stabilized surface suitable for year-round use and shall have adequate drainage.
(f)
Parking areas shall be separated from any residential use by 20 feet.
(g)
All driveway entrances shall be kept free from visual obstructions for a distance of 25 feet back from the street line and for a distance of 25 feet along the street line from the point of intersection with the driveway.
[Amended 2-5-1991 STM by Art. 4]
(h)
Landscaping.
[1]
Parking areas shall be landscaped or fenced so as to interrupt or screen the area from access roads, highways and adjacent residential properties. Such landscaping shall be designed to minimize glare and reflection, to reduce the visual impact of parking areas on adjacent residential property and to provide a buffer between parking areas and public ways.
[2]
Landscaping shall include the following:
[Added 2-5-1991 STM by Art. 4]
[a]
All parking areas adjacent to a residential use or district shall be subject to the screening and buffer zone requirements of § 171-16 of this chapter.
[b]
All parking areas shall be separated from the street line by a ten-foot landscaped buffer strip, including shade trees (three-inch diameter) spaced 40 feet on center and shrubs at least three feet in height at the time of planting.
[c]
Parking areas shall be subdivided with landscaping islands so that no more than 20 parking spaces shall be provided in a row (double rows are permitted with 20 spaces on each side of a bay area).
[d]
At least one shade tree (three-inch diameter) shall be planted for every 10 parking spaces. Preservation of existing trees is desirable and they may be substituted for planted trees. Internal landscaping shall be distributed throughout the lot for maximum shading and aesthetic improvement.
(i)
Off-street parking areas and driveways shall be illuminated by shielded lights no higher than 25 feet designed to prevent glare and to prevent light from shining directly upon any adjacent property or public way. Lighting shall not be directed upwards.
[Added 2-5-1991 STM by Art. 4]
B.
Parking space requirements. The number of off-street parking and loading spaces is as follows:
(1)
Two spaces for each residential dwelling unit, plus half a space for each dwelling unit in excess of two for visitor parking.
(2)
Hotels, motels and lodging houses: one space for each room accommodation, plus one additional space for every five rooms.
(3)
Places of assembly, such as theaters, churches, auditoriums and clubs: one parking space for each three seats.
(4)
Retail stores, offices and personal care establishments: one space for each 150 square feet of gross floor area, excluding storage areas.
(5)
Wholesale, warehouse and light industry establishments: one space for each employee on the largest shift, plus one space for each company-owned and -operated vehicle, plus adequate space for customers' vehicles, as appropriate. Adequate additional loading space shall be provided for all delivery or shipping trucks.
(6)
Drive-in restaurants: one space for each 30 square feet of gross floor area.
(7)
Sit-down restaurants, lounges, bars and nightclubs: two spaces for each four seats, plus one space for each 300 square feet of gross kitchen area.
(8)
Off-street parking for other uses shall be determined by the Planning Board based on the number of spaces needed to accommodate the vehicles of those commonly using the premises.
[Amended 11-12-2024 STM by Art. 10]
C.
Loading area requirements.
(1)
Adequate off-street loading and receiving areas shall be provided for all business, commercial and industrial uses. Facilities shall be sized and laid out so that the trucks do not need to be backed onto or off of a public way or be parked on a public way while loading, unloading or waiting to do so.
(2)
Any facility which may have lines of vehicles waiting admission shall have sufficient on-site space for such lines without requiring cars to stand on any public way.
(3)
Entrances and exits to loading areas shall not be located closer than 50 feet to any street intersection.
[Added 2-5-1991 STM by Art. 4]
(4)
Loading areas shall not be located closer than 150 feet to any residential use or district measured from the face of the building at the loading area.
[Added 2-5-1991 STM by Art. 4]
(5)
Loading areas adjacent to or across the street from a residential use or district shall be screened by a buffer strip, landscaped, bermed or fenced at a suitable height to effectively screen the loading area and lights of delivery trucks from shining onto residential property.
[Added 2-5-1991 STM by Art. 4]
D.
Access control. The purpose of this subsection is to ensure smooth, efficient and safe traffic flow along Route 5 and 10 by coordinating the location and number of new entrance and exit points while providing access for each lot. This subsection shall apply to land lying along Route 5 and 10 only.
(1)
All lots of record existing at the effective date of this section shall be allowed only one curb cut for a direct access driveway to Route 5 and 10.
[Added 4-27-1987]
(2)
No parcel shall be subdivided into lots with frontage which would preclude meeting the requirements of § 171-13D unless access and rights-of-way are provided across adjoining lots via a shared driveway.
(3)
There shall not be more than two driveway openings from parking areas with six or more spaces. Parcels of land may be divided into lots and recorded after the effective date of this chapter, but all vehicular movement to and from Route 5 and 10 shall be via a shared driveway serving all lots, if necessary to meet this requirement, provided all the following conditions can be met:
(a)
The access driveway shall have a 500-foot minimum separation distance from other driveways on the same side of the road and a 250-foot minimum separation from driveways on the opposite side of the road. The measurement shall be from center line to center line of each driveway.
(b)
The access driveway shall have a 250-foot minimum separation distance from intersecting street lines as measured from the center line of the driveway to the start of the street intersection.
§ 171-14 Sign regulations.
A.
Purpose. The following sign regulations are intended to allow the identification and location of activities or premises while protecting the visual character of the Town and the safety of its residents. Any exterior sign or advertising device hereafter erected or maintained shall conform to the following regulations.
B.
On-premises signs.
(1)
Any residential dwelling is allowed one sign up to two square feet in area for each family/household residing on the premises, indicating the name of the owner or occupant or the name of the building, or other noncommercial message. Such sign may pertain to a permitted accessory use.
(2)
One announcement or bulletin board up to 12 square feet is allowed for a public, educational, charitable or religious organization.
(3)
Commercial and industrial uses shall be allowed two signs, one attached to the building and one freestanding, each up to 12 square feet in area. Any commercial message on such signs shall be limited to identification of the firm and the products or services available or produced on the premises.
(4)
Businesses sharing a single building are allowed one wall sign up to 12 square feet per establishment. One shared, freestanding sign shall also be allowed for the entire premises, bearing the name of each business located there. Such sign shall not exceed 18 square feet in area.
C.
Off-premises signs. Off-premises signs shall be allowed by special permit from the Zoning Board of Appeals only if the Board finds that such signs will serve the public convenience, will not endanger the public safety and will not be detrimental to the neighborhood. Off-premises signs shall only pertain to directional or identification information for businesses located in Whately. Such signs shall not exceed nine square feet in area or 10 feet in height.
D.
Temporary signs. Signs of a temporary nature, such as sales promotions, holiday decorations and signs relating to the sale, rental or construction of the premises, are allowed but shall be removed promptly upon completion of the activity to which they relate. Temporary signs shall not exceed nine square feet in area or 10 feet in height.
E.
General sign regulations.
(1)
No sign shall flash, move or display movement or generate music or an audible message.
[Amended 2-5-1991 STM by Art. 5]
(2)
Signs may be lighted internally or externally, but illumination of all signs shall be of a white light and shall be shielded or indirect. Signs may be illuminated only during the hours of 7:00 a.m. to 7:00 p.m. in the Agricultural/Residential 1 and 2 Zoning Districts only. Signs in the Commercial and Industrial Districts may be illuminated during the hours of 7:00 a.m. to 10:00 p.m. These time limits do not apply to those establishments with normal business hours other than these times. Neon signs are prohibited. Sign lighting shall not be directed onto adjacent property, roadways or upward.
[Amended 2-5-1991 STM by Art. 5; 4-27-2010 ATM by Art. 11]
(3)
No sign shall be placed closer than 10 feet to a public right-of-way or within any side or rear yard requirement, and it shall not impair pedestrian or vehicular traffic flow or sight.
(4)
Freestanding signs may be up to 15 feet in height above the ground, measured from the average ground grade on the premises to the top of the sign.
(5)
Signs attached to a building may be either flat against the wall or perpendicular to it but shall not project more than two feet above the eaves line of the building or more than three feet from the vertical plane of the wall. Signs attached to a parapet shall not project above the top of the parapet.
(6)
Double-sided signs with equal and parallel faces providing identical information on both sides shall be measured on one side only in determining square footage.
(7)
Nonaccessory signs or billboards (general advertising not related to the premises) are prohibited.
(8)
Signs may be allowed which are larger in area only under special permit from the Zoning Board of Appeals.
(9)
Portable or movable signs may be allowed under a special permit from the Zoning Board of Appeals, provided that such signs are made of wood only, stand on legs and do not exceed four feet in height.
[Added 2-5-1991 STM by Art. 5]
§ 171-15 Environmental performance standards.
A.
Purpose. The purpose of environmental performance standards is to ensure that any use allowed by right or special permit in any district is conducted in a manner which does not adversely affect the surrounding natural or human environment by creating a dangerous, injurious or objectionable condition.
B.
The following environmental controls shall be enforced by the Building Inspector and shall apply throughout the life of the use or structure:
(1)
Noise and/or vibration which causes a disturbance to residents or occupants of adjacent properties is prohibited, except for unamplified human voices, temporary construction or maintenance work, parades, agricultural activity or a similar special circumstance. No particularly loud or distinctive noise shall be allowed between the hours of 10:00 p.m. and 7:00 a.m. This does not apply to normal agricultural practices.
(2)
Emission of harmful or offensive odors is prohibited. This does not apply to normal agricultural practices.
(3)
Generation of dust, dirt, fly ash, fumes, vapors or gases which cause damage to or irritate human health, animals or vegetation or which stain or soil property is prohibited.
(4)
All storage or use of explosive or flammable materials shall be adequately equipped with safety devices to prevent or respond to fire or explosions. No highly flammable or explosive materials shall be stored within 75 feet of any lot line or roadway.
(5)
Direct or reflected light or glare which is hazardous, distracting or offensive is prohibited. No light shall be directed or reflected beyond the property line of any site or onto any roadway so as to impair the vision of the driver of any vehicle.
(6)
Activities that emit radioactivity at any level shall be controlled in accordance with all state and federal regulations.
(7)
The proposed development shall provide for safe access to and from public and private roads. Safe access shall be assured by providing an adequate number of access points, properly located with respect to sight distances, intersections, schools and other traffic generators. Where the proposed development is located along Route 5 and 10, the access to and from the site shall be governed by § 171-13 of this chapter. The proposed development shall assure safe interior circulation within the site by separating pedestrian areas. Parking and loading areas shall be adequately screened from view.
(8)
The rate of surface water runoff from a site shall not be increased after construction. If needed to meet this requirement and to maximize groundwater recharge, increased runoff from impervious surfaces shall be recharged on site by being diverted to vegetated surfaces for infiltration or through the use of detention ponds. Dry wells shall be used only where other methods are infeasible and shall require oil, grease and sediment traps to facilitate removal of contaminants.
(9)
Erosion of soil and sedimentation of streams and water bodies shall be minimized by using the following erosion control practices:
(a)
The duration of exposure of disturbed areas due to stripping of vegetation, soil removal and regrading shall be kept to a minimum.
(b)
During construction, temporary vegetation and/or mulching shall be used to protect exposed areas from erosion. Until a disturbed area is permanently stabilized, sediment in runoff water shall be trapped by using staked hay bales or sedimentation traps.
(c)
Permanent erosion control and vegetative measures shall be in accordance with the erosion/sedimentation/vegetative practices recommended by the Natural Resources Conservation Service.
[Amended 11-12-2024 STM by Art. 10]
(d)
All slopes exceeding 15% resulting from site grading shall be either covered with four inches of topsoil and planted with a vegetative cover sufficient to prevent erosion or stabilized by a retaining wall.
(e)
Dust control shall be used during grading operations if the grading is to occur within 200 feet of an occupied residence or place of business. Dust control methods may consist of grading fine soils on calm days only or dampening the ground with water.
§ 171-16 Screening and buffer zones.
A.
A buffer zone and screening shall be required on any lot in any commercial or industrial district where it adjoins a lot in a residential district. The buffer zone shall be at least 30 feet wide and shall contain a screen of plantings or a wall, fence or berm complemented with plantings. The screen shall be of sufficient density to provide at least 75% of continuous opacity at a height of not less than six feet but of sufficient height to interrupt the view between the two sites. The screen shall be maintained by the owner or occupants so as to maintain the required opaqueness year-round.
B.
The above screening requirements (but not the buffer zone) shall also apply to a lot in any commercial or industrial district for a new commercial, industrial or institutional use where it adjoins a lot with an existing residential use.