ARTICLE III
General Regulations
3100. Off Street Parking
3110. Performance Requirement. Off-street parking must be provided to service the net increase in parking demand created by new construction, additions, or changes of use. Buildings, structures, and land uses in existence May 1, 1979, are not subject to these requirements provided that they are not enlarged or changed to increase their parking needs, and provided that existing parking is not reduced.
3120. Number of Spaces. The standards below must be met for the additional parking demand created by new buildings, additions or changes of use unless reduced on Special Permit from the Board of Appeals, upon the Board's determination that special circumstances render a lesser provision adequate for all parking needs. Requirements are added for mixed uses (e.g. motel room and restaurant requirements would both apply to a motel with restaurant).
3130. Size of Spaces. A parking space shall not be less than 9 feet in width by 20 feet in length together with an aisle of at least 24 feet.
3135. Handicapped Parking. Handicapped spaces shall be provided as outlined in the State Building Code and the requirements of the Architectural Barriers Board, latest edition.
3140. Table of Minimum Requirements.
Residential
Dwelling unit having 2 or more bedrooms 2 spaces
Dwelling unit having fewer than 2 bedrooms 1 space
Non-residential
Retail Sales, services 1 space per 200 sq.ft.
gross floor area, but
not fewer than 5 spaces
per separate enterprise
Business or professional office 1 space per 200 sq.ft.
gross floor area
Bank 1 space per 200 sq.ft.
gross floor area
Restaurant 1 space per 150 sq.ft.
gross floor area
Industrial, wholesale 1 space per 1.3
employees, but capable
of expansion to not
less than 1 space per
300 sq.ft. gross floor
area
Place of public assembly 1 space per 3 persons
capacity based on State
Building Code
Hotel or motel guest unit 1 1/10 spaces per unit
Guesthouse, lodging house, 1 space per 2 persons
other group accommodation accommodated
Nursing home 1 space per 3 beds
All other uses 1 space per 150 sq.ft.
or such smaller number
of spaces as the Board
of Appeals may, on
Special Permit,
determine adequate to
accommodate all normal
demand.
3150. Parking Area Design and Location.
3151. Location. Required parking shall be either on the same premises as the activity it serves, or on a separate parcel if located within 300 feet of the building entrance, and if not separated by a state-numbered highway, and if in a zoning district allowing the activity it serves.
3152. Setback. No more than five parking spaces shall be located within a required front yard, unless set back from the street line by more than 10% of the lesser of lot or district depth.
3153. Surface. All required parking areas, entrances, and driveways, except those serving single-family residences, shall be paved, unless exempted on Special Permit from the Board of Appeals for cases such as seasonal or periodic use where an alternative surface will prevent dust, erosion, water accumulation, or unsightly conditions.
3154. Backing. Parking areas with five or more spaces or reached from a state numbered highway shall be designed and located so that their use does not involve vehicles backing onto a public way.
3155. Egress. For Business Districts only, driveway openings on the same side of the street shall be separated by at least 100 feet if on the same premises or by at least 50 feet if on separate premises, measured centerline to centerline at the streetline. At intersections, no driveway sideline shall be located within twenty feet of the intersection of street way lines. No driveway openings shall exceed twenty-four (24) feet in width at the street line unless necessity of greater width is demonstrated by the applicant, and the opening is designed consistent with Massachusetts DPW regulations Section 10A-9 or subsequent revisions. All driveways serving five (5) or more parking spaces shall be constructed with a minimum edge radius of five (5) feet on both sides. Lot division which would preclude meeting the
above requirements shall provide access easements or other means of satisfying those requirements on each lot.
3156. Parking Lot Plantings. Parking lots containing 10 or more parking spaces shall have at least one tree per 8 parking spaces, such trees to be located either within the lot or within 5 feet of it. Such trees shall be at least 2" trunk diameter with not less than 60 square feet of unpaved soil or other permeable surface area per tree. At least 5% of the interior of any parking lot having 25 or more spaces shall be maintained with landscaping, including trees, in plots of at least eight (8) feet in width. Trees and soil plots shall be so located as to provide visual relief and sun and wind interruption within the parking area, and to assure safe patterns of internal circulation.
3157. Bicycle Racks. For parking areas of ten or more spaces, bicycle racks facilitating locking shall be provided to accommodate one bicycle per twenty parking spaces required or fraction thereof.
3158. Design Standards. Parking areas, access and egress must be constructed as follows:
a) 12" gravel base course with 95% compaction.
b) The gravel base course shall be primed at a rate of 1/2 (0.5) gallons per square yard of MC-70 (or the equivalent) cut back asphalt (tack coat).
c) Parking lot pavement shall be a minimum of three (3) inches in thickness set in two (2) courses as follows:
1. BINDER - two (2) inches (minimum).
2. TOP COURSE - one (1) inch (minimum).
Pavement shall be Massachusetts Department of Public Works Type I-1 and shall be compacted to a minimum of 95% laboratory density.
d) Parking Lot Perimeter Curbs. Suitable curbing as approved by the Board shall be installed along the exterior perimeters of the parking lot.
e) Interior Parking Lot Islands. Interior parking lot islands shall be installed with either Cape Cod berms, vertical or sloped granite curbing or Portland Cement type concrete as approved by the Board.
3159. Grading and Drainage.
a) Drainage systems shall be designed for a twenty-five (25) year frequency storm.
b) There shall be no increase in the rate of run-off of the proposed condition above the existing undeveloped condition using the basis of a one hundred (100) year frequency storm.
c) Roof drainage must be designed to the twenty-five (25) year frequency storm. The Board may, at its discretion, require subsurface disposal of roof drainage.
d) Spot elevations must be included along with proposed and existing contours. Minimum slope of any parking lot and access and egress road shall not be less than one (1) percent.
3200. Landscaping and Screening
3210. District Boundary Buffers
3211. A buffer is required on any premises in a Business District if abutting or extending into a Residential District when through new construction, addition, or occupancy change the premises are put to use not allowed in a Residential District. Said buffer shall be located entirely within the Business District along the full length of the district boundary, and shall have a depth of the lesser of 50 feet or 10% of the distance between the district boundary and the street line of the lot, except that at locations where the distance from the district boundary to the nearest structure in the Residential District is not less than 150 feet, the Zoning Board of Appeals may grant a Special Permit to allow location of part or all of the buffer outside of the Business District.
3212. No structure, parking area, or above-ground facility of any nature shall be erected, placed, or added to within the buffer strip except that access roads or driveways through said buffer strip to property located in the Residential District may be allowed on Special Permit by the Board of Appeals.
3213. The full length of the screened area shall be planted
at least 2-1/2 feet high, have earth berms, differences in grade, or equivalent visual interruption by retained natural growth. Fencing approved by the Town's Fence Viewer may be used up to a maximum of six (6) feet in height in conjunction with such screening, but not in place of it. (Revised 5/3/94 Annual Town Meeting)
3214. High screening shall also be provided through a staggered row of trees, either planted or retained, having at least a 2" trunk diameter and being of size, species, and spacing such that tree crowns will approximately meet each other and the lower level screening at maturity, except where egress visibility suggests clearance between 2-1/2 and 8 feet above grade. At least 60% of all trees used shall be of evergreen species, and all shall be of species common to the area and which reach an ultimate height of not less than thirty feet.
3220. Street and Sideline Planting.
3221. Street and sideline planting is required on any premises in a Business District for each sideline (other than those covered by subsection 3210) which meets a state-numbered highway and for the full frontage on a state-numbered highway. Such planting is required when any new building, addition, or change of use requires a parking increase of five or more spaces.
3222. The sideline planting area shall be at least five feet wide free of any paving (except for access drives connecting abutting premises) and shall contain high screening as described in paragraph 3214, except that evergreens are not required. The screening shall extend from the street line to the deepest point on the premises having buildings or parking. Screening shall be located or trimmed to avoid blocking egress visibility.
3223. The street planting shall consist of a staggered row of trees within twenty feet of the street lines, either planted or retained, having at least two inch trunk diameter and being of size, species, and spacing such that tree crowns will approximately meet at maturity. Species shall be ones common to the area and which reach an ultimate height of not less than thirty feet.
3224. Any site plan submitted for review under Section 1500 shall indicate any existing trees of 4" trunk diameter or greater if within twenty-five feet of the street sideline or five feet of a side lot line. No such tree shall be removed unless, following referral to the Director of Lands and Natural Resources, such removal is approved by the Board of Appeals on grounds that poor tree health or access and public safety so dictate.
3230. Materials and Maintenance
3231. A list of plant materials recommended (but not required) for these purposes is available from the Director of Lands and Natural Resources or from the Planning Board.
3232. All plant materials required by this bylaw shall be maintained in a healthful condition, and dead materials replaced at the earliest appropriate season.
3300. Signs.
3310. Enforcement
3311. Inspector of Buildings. The Inspector of Buildings is authorized to order the removal of any sign and its supporting structure which is erected contrary to this Bylaw.
3312. Permits and Fees. Except for signs permitted in a residential area, and temporary signs to be placed in a window, no sign shall be erected, enlarged, reworded, redesigned or structurally altered without a Sign Permit issued by the Inspector of Buildings.
The Inspector of Buildings is authorized to grant a permit for a sign in compliance with this By-law. After reviewing a sign application, the Inspector of Buildings may deny such application if he determines that the erection of the sign will be injurious or offensive to the area because of lighting, noise, obstruction of vision, or hazardous to the public good because of color or the creation of visual confusion in the area.
If the Inspector of Buildings does deny an application, the applicant may appeal the decision to the Zoning Board of Appeals. The Inspector of Buildings shall make his determination to approve or disapprove an application for a Sign Permit within fifteen (15) days of receiving it.
A schedule of fees for the permits for authorized signs may be determined from time to time by the Board of Selectmen.
3320. Permitted Sign.
3321. All Residential Districts.
a) One (1) sign displaying the street number and/or name of the occupant of the premises not to exceed three (3) square feet in area. Such sign may include identification of an accessory or professional office or other accessory use permitted in a residential district.
b) Signs pertaining to the lease, sale or use of a lot or buildings provided that such signs do not exceed a total of six (6) square feet. These signs must be taken down immediately after the sale or lease of the property.
c) One (1) bulletin or announcement board, identification sign or entrance marker for designating historical, conservation or similar public uses or for each public entrance to the premises upon which a church, synagogue, or other institution is located, not to exceed ten (10) square feet in area, provided that there shall be no more than three (3) such signs for each institution.
d) One (1) contractor's sign, not to exceed ten (10) square feet in area (except as otherwise required by law) maintained on the premises while construction is in progress and containing information relevant to the project. Such sign shall be removed within seven (7) days after the Occupancy Permit is issued.
e) One (1) sign identifying each public entrance to a subdivision providing such sign does not exceed the (10) square feet.
3323. All Business Districts.
a) All signs permitted in Section 3321 shall be permitted in all business districts.
b) One (1) free standing sign per lot not to exceed twenty-five (25) square feet in area or eight (8) feet on any one side.
Regarding buildings with only one (1) tenant, this sign shall identify that tenant by name. In buildings having multiple tenants, or on lots having more than one building, additional signs may be attached in a ladder fashion to the bottom of the free standing sign.
In such cases, the main sign would identify the major tenant or the name of the site as appropriate. The additional signs are to be for the sole purpose of identifying the location of a business to passersby and shall not exceed three (3) square feet in area. In no case, regardless of the number of tenants, shall the total area of the free standing sign exceed forty (40) square feet.
c) One (1) wall sign per building not to exceed fifteen (15) square feet. Any such sign shall be flat against the wall of the building and shall not extend beyond the face of the building.
d) Window signs either painted on or attached to the inside of a window provided such signs do not cover more than twenty-five percent (25%) of the window glass.
Signs placed in a window to advertise sales or promotions may cover no more than fifty percent (50%) of the window glass and may not be posted for longer than thirty (30) days. No window signs shall be illuminated or lighted.
3324. Other Permitted Signs (All Districts).
a) Signs expressing support for candidates for political office or in support of or opposition to a public issue provided these signs are temporary and are erected for a period of less than sixty (60) days.
b) Signs shall be placed on privately owned property only.
c) All political signs shall be removed within three (3) days after the election has taken place.
d) In no event may these signs be posted on utility poles.
Temporary signs shall be permitted in accordance with this section for purposes of promoting any business, or any charitable, civic or municipal event. No temporary sign shall be erected until application has been made to and a permit has been issued by the Inspector of Buildings. (VOTED AT ATM MAY 7, 1998, Art. 28)
The Inspector of Buildings may deny an application, and may require the removal of a temporary sign after permit, if he determines that the sign will be or is a threat to public safety or offensive to the area because of color, material or construction.
The Inspector of Buildings shall approve or deny an application within seven days of receipt. The denial or approval may be appealed by the applicant or by an aggrieved party to the Zoning Board of Appeals.
A sign authorized by this section shall be erected at ground level and shall be stationary. The sign shall be free-standing, meaning that it shall not be attached to or supported by any natural or man-made object, nor shall any vehicle, trailer, balloon, kite, flag or other contrivance be used as a means of exhibiting a sign.
No more than one temporary sign shall be permitted on any one lot at one time.
A temporary sign shall not exceed four feet (4’) in either width or height nor a total of ten (10) square feet, except that a sign in a residential district promoting other than charitable, civic or municipal events shall conform to the residential requirements as set forth in Section 3321. If a two-sided sign, the dimensions may apply to each side separately.
6. No temporary sign shall be permitted for more than thirty (30) consecutive days. No applicant shall be permitted to maintain a temporary sign for more than forty-five (45) days in a single calendar year regardless of the number of permits obtained.
3330. Other Provisions.
3331. Prohibitions.
a) Illumination except by the following means:
Exterior white steady stationary lights of reasonable intensity shielded and directed solely at the sign.
ii. Interior non-exposed white lights of reasonable intensity.
b) Lighting between the hours of 1:00 a.m. and 5:00 a.m., unless the establishment is open for business during that time.
c) Exposed gaseous tubes.
d) Billboards (off premises signs).
e) Roof signs and V-shaped signs.
f) Movement except those signs which are sole indicators of time and/or temperature.
3340. General Provisions.
3341. Setback. All free-standing signs shall be set back a minimum of ten (10) feet from the edge of the way line on which the building fronts, and at least twenty (20) feet from all other property lines.
3342. Color. No sign shall contain more than three (3) colors.
3343. Height. No part of a free-standing sign or its supporting structure shall exceed twenty (20) feet in height.
3346. Maintenance. All signs in all districts shall be maintained in a safe and neat condition to the satisfaction of the Inspector of Buildings and in accordance with the State Building Code. Structural damage, missing letters, or other deterioration obscuring content shall be remedied or the sign removed within sixty (60) days.
3350. Nonconformance of Accessory Signs. Accessory signs legally erected before the adoption of the By-law which do not conform to the provisions of this By-law may continue to be maintained without a permit, provided, however, that no such sign shall be permitted if, after the adoption of this By-law, it is enlarged, reworded (other than in the case of theatre or cinema signs or
signs with automatically changing messages), redesigned or altered in any substantial way, except to conform to the requirements of this By-law; and provided further that any such sign which has deteriorated to such an extent that the cost of restoration would exceed fifty percent (50%) of the replacement cost of the sign at the time of the restoration, shall not be repaired or rebuilt or altered except to conform to the requirements of the By-law. Any exemption provided in this Paragraph shall terminate with respect to such sign which:
a) shall have been abandoned; or
b) advertises or calls attention to any products, businesses or activities which are no longer sold or carried on, whether generally or at the particular premises; or
c) shall not have been repaired or properly maintained within thirty days after notice to that effect has been given by the Inspector of Buildings.
ARTICLE III, SECTION 3400, BUILDING DEMOLITION
(Voted ATM 5/24/1999)
Text of the Bylaw regulating Demolition of Historically Significant Buildings, Structures or Properties.
INTENT AND PURPOSE
This bylaw is adopted for the purpose of identifying and protecting the historic and aesthetic qualities of the Town by preserving, rehabilitating or restoring whenever possible, buildings, structures or properties which constitute or reflect distinctive features of the architectural, aesthetic or historic resources of the Town, thereby promoting the public welfare and preserving the cultural heritage of the Town.
(b) DEFINITIONS
For the purpose of this section, the following words and phrases have the following meanings:
Commission: the Norwell Historical Commission
Inspector: the Norwell Building Inspector/Zoning Officer
Demolition Permit: the permit issued by the Inspector as required by the State Building Code for the demolition, partial demolition or removal of a building or structure
Historically Significant Building, Structure or Property: any building, structure or property which is (1) importantly associated with one or more historic persons or events, or with the architectural, cultural, political, economic or social history of the Town, the Commonwealth of Massachusetts or the United States of America; or (2) historically or architecturally important by reason of period, style, method of building construction or association with a particular architect or builder, either by itself or in the context of a group of buildings or structures; or (3) vista, bridge, stone wall, tree, road marker or sign, or any other property identified as of aesthetic, architectural, cultural, political or historical significance, by the Commission.
c) REGULATED BUILDINGS, STRUCTURES AND PROPERTIES
The provisions of this Section 3400 of Article III shall apply only to the following buildings, structures or properties: (1) a building, structure or property listed on the National Register of Historic Places or the State Register of Historic Places, or the subject of a pending application for listing on either of said Registers; or (2) a building, structure or property located within 200 feet of the boundary line of any federal, state or local historic district; or (3) a building, structure or property included in the Inventory of the Historic and Prehistoric Assets of the Commonwealth, or designated by the Commission for inclusion in said Inventory.
Notwithstanding the preceding sentence, the provisions of this section shall not apply to any building, structure or property located in a local historic district and subject to regulation under the provisions of Chapter 40C of the Massachusetts General Laws.
PROCEDURE
The Inspector shall forward a copy of each demolition permit application for a building, structure or property identified in paragraph © of this section to the Commission within seven (7) days after the filing of such application.
Within thirty (30) days after its receipt of such application, the Commission shall determine whether the building, structure or property is historically significant. The applicant for the permit shall be entitled to make a presentation to the Commission if he or she makes a timely request in writing to the Commission.
If the Commission determines that the building, structure or property is not historically significant, it shall so notify the Inspector and the applicant in writing and the Inspector may issue a demolition permit. If the Commission determines that the building, structure, or property is historically significant, it shall notify the Inspector and the applicant in writing that a demolition plan review must be made prior to the issuance of a demolition permit. If the Commission fails to notify the Inspector and the applicant of its determination within thirty (30) days after its receipt of the application, then the building, structure or property shall be deemed not historically significant and the Inspector may issue a demolition permit.
Within sixty (60) days after the applicant is notified that the Commission has determined that a building, structure or property is historically significant, the applicant for the permit shall submit to the Commission ten (10) copies of a demolition plan which shall include the following information: a) a map showing the location of the building, structure or property to be demolished with reference to lot lines and to neighboring buildings and structures; (b) photographs of all street faÁade elevations; (c) a description of the building, structure or property, or part thereof, to be demolished; (d) the reason for the proposed demolition and data supporting said reason, including, where applicable, data sufficient to establish any economic justification for demolition; and (e) a brief description of the proposed
reuse of the parcel on which the building, structure or property to be demolished is located.
5) The Commission shall hold a public hearing with respect to the application for a demolition permit and shall give public notice of the time, place, and purposes thereof at least fourteen (14) days before said hearing in such a manner as it may determine, and by mailing, postage prepaid a copy of said notice to the applicant, to the owners of all adjoining property and other property deemed by the Commission to be materially affected thereby as they appear on the most recent real estate tax list of the Board of Assessors, to the Planning Board, to any person filing written request for notice of hearings, such request to be renewed yearly in December, and to such other persons as the Commission shall deem entitled to notice. Within sixty (60) days after its receipt of the demolition plan, the Commission shall file a
written report with the Inspector on the demolition plan which shall include the following: a) a description of the age, architectural style, historic association and importance of the building or structure to be demolished; b) a determination as to whether or not the building, structure or property should preferably be preserved. The Commission shall determine that a building, structure or property should preferably be preserved only if it finds that the building, structure or property is a historically significant building, structure or property which, because of the important contribution made by such building, structure or property to the Town’s historical and/or architectural resources, it is in the public interest to preserve, rehabilitate or restore.
If, following the demolition plan review, the Commission does not determine that the building, structure or property should preferably be preserved, or if the Commission fails to file a report with the Inspector within the time limit set out in subparagraph (5) next above, then the Inspector may issue a demolition permit.
If, following the demolition plan review, the Commission determines that the building, structure or property should preferably be preserved, then the Inspector shall not issue a demolition permit for a period of six (6) months from the date of the filing of the Commission’s report unless the Commission informs the Inspector prior to the expiration of such six (6) month period that it is satisfied that the applicant for the demolition permit has made a bona fide, reasonable and unsuccessful effort to locate a purchaser for the building, structure or property who is willing to preserve, rehabilitate or restore the building, structure or property, or has agreed to accept a demolition permit on specified conditions approved by the Commission.
(e) EMERGENCY DEMOLITION
If the condition of a building, structure or property poses a serious and imminent threat to public health or safety due to its deteriorated condition, the owner of such building, structure or property may request the issuance of an emergency demolition permit from the Inspector. As soon as practicable after the receipt of such a request, the Inspector shall arrange to have the property inspected by a Board consisting of the Inspector, the Chairman of the Commission and the Board of Health, and the Chief of the Fire Department, or their respective designees. After inspection of the building, structure or property and consultation with this Board, the Inspector shall determine whether the condition of the building, structure or property represents a serious and imminent threat to public health or safety and whether there
is any reasonable alternative to the immediate demolition of the building, structure or property which would protect the public health or safety. If the Inspector finds that the condition of the building, structure or property poses a serious and imminent threat to public health or safety, and that there is no reasonable alternative to the immediate demolition permit under the provisions of this paragraph (e), the Inspector shall prepare a written report describing the condition of the building, structure or property and the basis for the decision to issue an emergency demolition permit with the Commission. Nothing in this paragraph (e) shall be inconsistent with the procedures for the demolition and/or securing of the building and structures established by Chapter 143, Sections 6 to 10, of the Massachusetts General Laws. In the event that a Board of Survey is convened under the provisions of Section 8 of said Chapter 143 with regard to any building, structure or
property identified
in paragraph © of this section, the Inspector shall request the Chairman of the Commission or the Chairman’s designee to accompany the Board of Survey during its inspection. A copy of the written report prepared as a result of such inspection shall be filed with the Commission.
(f) NON-COMPLIANCE
Anyone who demolishes a building, structure or property identified in paragraph © of this section without first obtaining, and complying fully with the provisions of a demolition permit, shall be subject to a fine of not less than one thousand ($1,000) dollars nor more than twenty-five thousand ($25,000) dollars. In addition, unless a demolition permit was obtained for such demolition, and unless such permit was fully complied with the Inspector shall not issue a building permit pertaining to any parcel on which a building, structure or property identified in paragraph © of this section has been demolished for a period of three (3) years after the date of demolition.
(g) APPEALS TO SUPERIOR COURT
Any person aggrieved by a determination of the Commission may, within twenty days after the filing of the notice of such determination with the Inspector, appeal to the Superior Court for Plymouth County. The court shall hear all pertinent evidence and shall annul the determination of the Commission if it finds the decision of the Commission to be unsupported by the evidence or to exceed the authority of the Commission or may remand the case for further action by the Commission or make such other decree as justice and equity shall require.
SEVERABILITY
In case any section, paragraph or part of this bylaw is declared invalid or unconstitutional by any court of competent jurisdiction, every other section, paragraph, and part of this bylaw shall continue in full force and effect.
NOTIFICATION
The Commission shall be required to present a written Annual Report by January first of each calendar year to the Inspector, the Planning Board and the Highway Department. This report shall include but is not limited to the following: (1) an inventory of any and all buildings, structures and properties that have been designated and registered as being covered by this bylaw; (2) a list of any and all buildings, structures and properties covered by this bylaw that are under consideration and study by the Commission or the Massachusetts Historical Commission; (3) a copy of this report shall be made available to the Selectmen, Town Public Library and the Massachusetts Historical Commission.
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