Applicability. If any structure is constructed, enlarged or extended, or any existing use changed, off-street parking spaces shall be provided in accordance with Tables 6-1 and 6-2.
Relation to use. Off-street parking spaces required under Table 6-1 shall be located as follows:
All required off-street parking spaces for residential or multifamily dwelling uses shall be located on the same lot as the use.
All required off-street parking spaces for all uses other than residential or multifamily dwelling uses shall be located on the same lot as the use or within 500 feet thereof. Contracts or easements for parking on other private property shall be presented to the appropriate board to ensure that parking spaces located within 500 feet of the lot will continue to be available. On-street parking spaces and parking spaces within a municipal parking lot located within 500 feet of the lot may be counted toward the off-street parking spaces required under Table 6-1.
[Amended 12-5-2016 STM by Art. 2]
New developments requiring site plan review must provide the required accessible parking on site, unless spaces are available or made available within 200 feet of the new development.
Required off-street parking spaces for two or more uses (other than residential or multifamily uses) that are under common or affiliated ownership may be provided in a shared parking facility pursuant to a special permit granted by the Planning Board. Any such shared parking facility may be accessed by a shared driveway, and may be provided in a shared multilevel parking structure that complies with the dimensional and other zoning requirements that are set forth in these bylaws. The following requirements shall apply to a request for approval of any such shared parking facility:
[Added 5-14-2018 ATM by Art. 10]
Documentary evidence shall be submitted to the Planning Board to demonstrate that the shared parking facility provides a sufficient number of parking spaces for each use involved.
The shared parking shall be counted in determining whether a use complies with the parking requirements that are set forth for such use in Table 6-1.
An approved shared parking facility shall remain shared until such time, if any, as (i) the Building Commissioner determines that each of the uses involved must independently comply with the parking requirements that are set forth for that use in Table 6-1 and any other applicable requirements of these bylaws, or (ii) the Planning Board modifies, suspends or revokes the special permit authorizing the shared parking facility.
Not more than 50% of the parking spaces required by these bylaws for a use may be used together with another use to satisfy the minimum off-street parking requirements that are set forth in Table 6-1 for uses that are not normally open, used or in operation during similar hours.
The terms and conditions of a special permit authorizing a shared parking facility shall run with the land and shall be binding upon the successors, assigns and transferees of each person whose use is sharing such facility.
The Planning Board in granting a special permit for any such shared parking facility may waive strict compliance with the setback, landscape, buffer and other applicable requirements set forth in these bylaws where it determines that such action is in the public interest and is not inconsistent with the purpose of these bylaws.
Two or more uses (other than residential or multifamily uses) that are not under common or affiliated ownership may by lease or other contract and pursuant to a special permit granted by the Planning Board enter into a shared parking arrangement, provided that each such use either complies with the parking requirements that are set forth for such use in Table 6-1 or is granted a special permit by the Planning Board for reserved parking in accordance with Section 6.1.7. The following requirements shall apply to a request for approval of any such shared parking arrangement:
[Added 5-14-2018 ATM by Art. 10]
Documentary evidence, including any such applicable lease or other contract, shall be submitted to the Planning Board to demonstrate that the shared parking arrangement provides a sufficient number of parking spaces for each use involved, and that the shared parking arrangement either complies with the parking requirements that are set forth for such use in Table 6-1 or complies with the requirements for reserved parking in accordance with Section 6.1.7.
Any lease or other contract providing for a shared parking arrangement may be binding in accordance with its terms and conditions upon the successor and assign of any party thereto.
An approved shared parking arrangement shall remain shared until such time, if any, as (i) such arrangement is terminated in accordance with the terms and conditions of the applicable lease or other contract, (ii) such arrangement is terminated by any or all of the parties thereto in accordance with the terms and conditions of the applicable lease or other contract (in which event documentary evidence of such termination is submitted to the Planning Board), or (iii) the Planning Board modifies, suspends or revokes the special permit authorizing the shared parking arrangement, including a modification, suspension or revocation based on a determination by the Planning Board in accordance with Section 184.108.40.206.
Temporary parking lots. In those situations where temporary parking lots are allowed by special permit, the special permit granting authority (SPGA) may place limitations on the time, frequency and type of vehicles using such to diminish the impact on abutting residential uses. Except as specifically provided in Section 220.127.116.11., a special permit shall not be valid for a period that is greater than one year from the date on which it has been granted.
[Amended 5-14-2018 ATM by Art. 10]
The SPGA may also require specific design and construction standards be maintained, screening and buffers and yard setbacks of up to 100 feet from residential uses.
The SPGA may continue to accept applications and issue special permits for temporary parking lots if they are no longer permitted in a zoning district, provided the original special permit was issued prior to November 8, 2004 and the special permit has not lapsed more than one year.
A special permit granted by the Planning Board to allow temporary parking in the S-1 District with respect to events at Gillette Stadium shall be valid for a period of three years from the date on which issued, after which period such special permit shall be of no further force or effect unless renewed by the Planning Board by the grant of a new special permit that shall be valid for a period of three years. The Planning Board shall have the authority upon notice and following a hearing to modify, suspend or revoke any special permit that it has granted in the event of any of the following:
Any change to the number of spaces, parking layout, or access to and egress from a parking lot authorized by a special permit.
A determination by the Building Commissioner or any public safety official of the Town of Foxborough that the operation of a temporary parking lot is hazardous to the safety of the public, or is in violation of these bylaws, any provision of applicable law or any of the conditions to a special permit that have been imposed by the Planning Board.
Minimum off-street parking requirements. Parking shall comply with Table 6-1:
Notes to Table 6-1.
Mixed uses shall be a sum of the combination of uses.
When a restaurant has provisions for "take-out," the Board of Appeals or Planning Board, as applicable, shall have the authority to require more than the minimum parking spaces stated herein.
The net area shall include the total square footage of area dedicated to the use, not including parking or access areas.
Reduction. The off-street parking requirements set forth in Table 6-1 may be reduced by up to 25% by the issuance of a special permit from the Planning Board as per the requirements of these bylaws. Such a request may be made in conjunction with an application for site plan review or part of a requested special permit for a specified land use. The Planning Board shall review and consider the following criteria when reviewing a request:
A stamped site plan (to scale) must be submitted that illustrates the physical ability to locate and construct all of the required off-street parking and associated infrastructure on the site. The preferred parking layout, with the requested number of spaces, shall be clearly delineated.
A written narrative shall be submitted detailing the reasons or circumstances as to why the required numbers of spaces are not necessary for the proposed land use.
Other relevant issues that should be considered when reviewing the reduction request should be detailed or noted on the plans. These may include, but are not limited to, environmental impacts, proximity to residential uses, impacts to historic or other resource areas and lighting.
Any other relevant information as required by the Planning Board.
Reserved parking. The off-street parking requirements set forth in Table 6-1 may be satisfied by the issuance of a special permit from the Planning Board that authorizes the applicant to designate an area as undeveloped open space that is reserved for future parking needs. A request for reserved parking may be made in conjunction with an application for site plan review or as part of a required special permit application for a specified land use. The following requirements shall apply to a request for reserved parking:
[Added 5-14-2018 ATM by Art. 10]
The number of parking spaces that is required by these bylaws may be reduced by not more than 50%.
The applicant shall submit documentary evidence that for a period of not less than one year its use justifies a lesser number of parking spaces than the number of spaces that is required by these bylaws.
An area shall be reserved for future parking that is sufficient to accommodate the difference between the number of parking spaces that are required by these bylaws and the lesser number of such spaces that are requested.
The area that is reserved for future parking shall be marked "Reserved Parking Area" on the site plan that is submitted to and approved by the Planning Board.
The reserved parking area may consist of natural vegetation, a newly landscaped area, or a combination of both, as may be required by the Planning Board. No mechanical equipment, building or other structure may be maintained in such area.
The area that comprises the reserved parking area shall not be counted toward determining compliance with any minimum open space requirements that may be required by these bylaws.
The reserved parking area shall remain as undeveloped open space until such time, if any, that the Planning Board by modification of the special permit approves the applicant's request to use such area or any part of such area for parking purposes, or approves a request of the Building Commissioner that additional parking spaces be provided.
Editor's Note: This article also provided for the renumbering of former Sections 6.1.7 through 6.1.10 as Sections 6.1.8 through 6.1.11, respectively.
Standards for parking areas with more than five spaces. All parking areas containing over five spaces shall be subject to the following:
Automobile parking stall spaces shall be suitably marked and shall conform to the requirements found in Table 6-1.
All parking areas shall be screened on each side which abuts or is across from the side or rear lot line of a lot situated in any residential district pursuant to Section 6.4, Screening, buffers and landscaping.
All parking areas and access driveways thereto shall be surfaced with bituminous concrete or cement concrete material and shall be graded and drained so as to dispose of all surface water accumulation.
Bituminous concrete curb or berm shall be placed at the edge of surfaced area, except driveways.
Bumper strips, a minimum of six feet in width and suitably landscaped with trees or shrubs a minimum of six feet in height (measured from the "top of the ball"), shall be provided between every six rows of parking spaces. Additional bumper strips may be required by the appropriate board in the interest of public safety, cross traffic or improved pedestrian access.
Buffer strips between a parking lot and sidewalk shall be at least five feet in depth and suitably landscaped.
Adequate illumination of driveways and lanes shall be provided.
Any fixture used to illuminate a parking area shall be so arranged as to direct the light away from the street and away from abutting or nearby premises used for residential purposes.
All parking lots for multifamily dwellings shall be located not less than 20 feet from the structure. Private driveways and garages for individual units within a multifamily dwelling may be counted as required parking spaces and may be located within 20 feet of the structure.
All nonresidential parking spaces shall be at least 10 feet from any building.
Parking spaces shall be so arranged as not to permit backing of vehicles onto any street.
All driveways and access lanes shall not be located closer than 40% of the total frontage measurement of said lot (using a measurement from the center of the curb radius) from the closest intersection with any street. In any case, this distance shall not be less than 15 feet and the driveway shall be designed in a manner conducive to safe access and egress.
No two driveways or access lanes, either on the same lot or adjoining lots, shall be located within 20% of the total frontage measurement of the lot from each other at their intersections (center of curb radii) with the front lot line; provided that this distance shall not be less than 10 feet.
Residential driveways shall not exceed 24 feet in width at the intersection with the front lot line. Curb cuts shall not exceed 26 feet in width.
Nonresidential driveways or access lanes shall be a minimum of 26 feet in width at the intersection with the front lot line. The maximum curb cut shall not exceed 40 feet in width unless otherwise required by nonlocal regulations.
There shall not be any vehicle repair activities within the required parking areas.
There shall not be any storage of materials or equipment or display of merchandise within required parking areas.
Parking spaces or internal driveways shall not be allowed within the required areas for screening, buffers or landscaping.
Parking lot dimensions. Parking lots with more than five spaces shall conform with the following Table 6-2.
Applicability. Each business or industrial use shall provide, at the side or rear of the lot, access and space for the loading and unloading of delivery vehicles.
Reduction. For those uses where it can be proven that tractor trailers will not be providing service, the appropriate board may reduce the depth of the loading area.
Purpose. Screening, buffers and landscaping shall be required as provided for herein for the following purposes:
Applicability. Screening, buffers and landscaping shall be required for all nonresidential land uses, all multifamily structures and within open space residential developments (OSRD). These requirements shall apply to new construction or any expansion or addition to any of these uses.
Location. Screening, buffers and landscaping shall be located within the required yards of nonresidential and multifamily land uses. These yard setbacks are detailed in Tables 4-1 and 4-2 of these bylaws.
Waiver or modification. Screening and buffering requirements may be waived or modified by the appropriate board if a naturally dense vegetative area, suitable topography or a combination of the two exists at the time of development (and is to be maintained) within the area where screening and buffering are required. Should such naturally dense vegetative area die or be significantly reduced, it shall be replaced or enhanced by a landscaped buffer in accordance with the requirements noted herein.
Use requirements; abutting residential. When a nonresidential land use or multifamily dwelling abuts a residential zoning district or is to be located on a public or private way across from a residentially zoned district, screening, buffers and landscaping shall be required as follows:
Within the required side or rear yards, a screening and buffer strip shall be a minimum of 20 feet in width parallel to the property line and shall contain a screen of plantings. This screen shall contain individual shrubs or trees planted six feet on center in at least two staggered rows and six feet in height (from the "top of the ball") at the time of occupancy. At least 50% of the shrubs or trees shall consist of evergreens.
Within the required front yard, a landscape strip shall be a minimum of 30 feet in depth parallel to the property line and shall contain a mix of plantings. At a minimum, this area shall contain landscaping in the form of plants, shrubs or trees. The construction of an earthen berm suitably landscaped may also be allowed. The intent of this provision is to provide an aesthetically pleasing buffer/landscaped area while allowing nonresidential uses visibility from the street.
Use requirements; abutting nonresidential. When a nonresidential use or multifamily dwelling abuts another nonresidential use or multifamily dwelling, screening, buffers and landscaping shall be required as follows:
Within the required side or rear yards, a screening and buffer strip shall be a minimum of 10 feet in width parallel to the property line. It shall contain shrubs or trees planted six feet on center not less than six feet in height (from the "top of the ball") at the time of occupancy. At least 50% of the shrubs or trees shall consist of evergreens and shall thereafter be maintained by the owner or occupant to provide a dense screen year round.
Within the required front yard, a landscape strip shall be a minimum of 15 feet in depth parallel to the property line and shall contain a mix of plantings. This area shall contain landscaping in the form of plants, shrubs or trees. The construction of an earthen berm suitably landscaped may also be allowed. The intent of this provision is to provide an aesthetically pleasing landscaped area while allowing nonresidential uses visibility from the street.
If merchandise, goods or other materials are to be displayed or stored in a front yard, or if off-street parking is proposed for the front of a structure, the landscaped strip shall be increased to 25 feet in depth. No merchandise, goods or other materials are to be displayed or stored or vehicles parked within the required landscaped strip.
Exception. The provisions of Sections 6.4.5 and 6.4.6 shall not apply to uses within the General Business (GB) District as there is no required side-yard setback and only a fifteen-foot front yard requirement within this district. Where possible, a five-foot landscaped strip shall be located in the required front yard of uses within the GB District.
The erection and maintenance of a solid wall or fence complemented by suitable plantings or landscaping may be allowed in lieu of the requirements for screening and buffering in side yards. The appropriate board must make a determination that such replacement will require minimal long-term maintenance and will fulfill the purpose of this Section 6.0.
No building, structure or parking area (paved or not paved) may occupy the required area for screening, buffers or landscaping.
Any part of a project area for a nonresidential or multifamily land use(s) that will be disturbed during construction and that is not employed for buildings, parking, loading, access ways or pedestrian walks shall be permanently stabilized and landscaped. Grass, trees, shrubs, evergreen ground cover, stone or wood material(s), or a combination thereof may be employed as approved by the appropriate board.
Exposed slopes with greater than a 2:1 grade shall be permanently stabilized with vegetative ground cover. Exposed slopes 3:1 or less may be treated with mulch or a similar landscaping product.
There shall be a landscaped buffer strip comprising a minimum of 25 feet of the front yard and 10 feet of the side yard for all uses in the Special Use (S-1) District. Insofar as there may be inconsistencies with other sections, these restrictions shall apply in the S-1 District in all cases.
[Amended 5-14-2018 ATM by Art. 10]
Existing vegetation or topography on the site which is required to be preserved shall be clearly identified on a plan, physically marked on the site and prevented from being removed or disturbed.
Purpose. The following performance standards have been adopted in order to control the size, scale, and impacts of nonresidential or multifamily developments. The Planning Board shall ensure that such standards are met during the course of any Planning Board special permit application or site plan review.
Preservation of landscape. The landscape shall be preserved in its natural state insofar as practicable by minimizing any grade changes and vegetation and soil removal.
Off-street parking and loading. The plan shall comply with Section 6.1 of these bylaws. Unless otherwise allowed by the Planning Board, construction materials and standards not specified within Section 6.1 shall be consistent with those found within the Foxborough Subdivision Regulations. Provisions shall be made to accommodate areas for snow storage.
Circulation. Driveways and internal circulation shall be safe, adequate and convenient for automotive as well as pedestrian and bicycle traffic. Site distances, driveway widths, grade, location, drainage, signage, islands, and other control structures, curb radii and intersection angles shall all be provided for review. The Planning Board reserves the right to require certain driveways to meet the road standards found in the Foxborough Subdivision Regulations.
Site access. The Planning Board shall evaluate the safety of motorists, bicyclists, and pedestrians utilizing the site and the roadways leading into the site. To ensure the public's safety, the Planning Board may require sidewalks or pedestrian paths within and between developments. The Planning Board may also require the connection of adjacent properties via the use of common drives.
Architectural requirements. Consideration shall be given to ensure that buildings are appropriate in scale, massing, height, roofline, and building materials to ensure that the architecture shall be in harmony with the surrounding neighborhood and the Town. Rooftop mechanical installation shall be hidden from view from the street or adjoining properties.
Screening, buffers and landscaping requirements. The plan shall comply with Section 6.4 of these bylaws. Plants should be indigenous to the area or be able to survive New England winters. Salt-tolerant varieties shall be planted along roadways and parking areas.
Lighting. Lighting shall be designed to enhance public safety and provide for adequate and appropriate outdoor lighting. The design shall not produce unwanted glare, light trespass on abutting properties or an over illumination of the site.
Service areas and delivery locations shall be located so that delivery vehicles are parked outside the street right-of-way or in on-site driveways. The Board shall ensure that these areas do not impede on-site vehicular circulation.
The Board may require that specific areas adjacent to buildings or areas of the businesses operations be specifically reserved for loading or delivery operations. These areas can not be counted for parking or utilized for access aisles.
All service areas, dumpster and trash receptacle locations, and other similar uses shall be screened from the street and from public view. They may be screened through a variety of materials such as walls, fences, plantings or a combination of these materials.
Utility service. All utility service transmission systems, including but not limited to water, sewer, natural gas, electrical, cable and telephone lines, shall, whenever practicable, be placed underground.
All efforts shall be made to design the drainage system to utilize low-impact development (LID) methods. Developments not incorporating any LID design elements shall prove to the Board that the use of these drainage systems is not feasible for the project due to unique site characteristics or its location.
Detailed drainage design and computations shall be provided in conformance with the State of Massachusetts, Department of Environmental Protection Stormwater Management Handbook. Closed drainage systems shall be designed for a 25-year storm event. Culverts, detention basins, and infiltration systems shall be designed for 100-year events.
Post-development drainage rates shall not exceed pre-development levels. Within the Water Resource Protection District, special attention shall be made to ensure water quality is not degraded. Easements shall be shown on the plan. If they are to be granted to the Town, a written easement and a specific easement plan of such for recording purposes is necessary.
Off-site improvements. The Planning Board may require applicants to make off-site improvements to public roads or other community facilities, or to make payments for the reasonable costs associated with the impacts of the proposed development. Such improvements may include but are not limited to the widening of streets and improvement of intersections providing access to the site; the installation of curb and sidewalks along streets serving the site; and drainage improvements necessitated by the development of the site.
All construction specifications shall comply with the standards in the Foxborough Subdivision Regulations. Where these regulations do not cover construction items, construction shall be in accordance with Massachusetts Highway Standards or standard engineering practices as determined by the Board or its designee.