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Town of Middleborough, MA
Plymouth County
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Table of Contents
Table of Contents
5.1.1. 
SPGA. In the GU Districts reference to SPGA means the ZBA for projects subject to Special Permit approval and the Building Inspector for projects not subject to Special Permit approval.
5.1.2. 
State Highway. In the case of a lot with street frontage on a state highway requiring access from the state highway, no building, structure or other lot improvements shall be erected or placed on the lot until the state issues a permit or license to enter the state highway for the use proposed for the lot.
5.2.1. 
General. To promote public safety at street intersections in all Districts, nothing, except as provided below shall be allowed to obstruct vision between a height of three (3') feet and eight (8') feet above the finished surfaces of the street within a triangular area formed by the street lines twenty (20') feet distant from their point of intersection or in the case of a rounded corner the point of intersection of such lines as projected.
5.2.2. 
Exemptions. The following are exempt:
1. 
A utility pole, municipal sign or light pole is permitted within the vision clearance area.
2. 
A single supporting column is permitted in the Business District only within the vision clearance area.
5.3.1. 
General. All buildings or structures shall be provided with sufficient off-street parking space to meet the needs of persons employed at or making use of such buildings or structures; to reduce hazards and nuisance to pedestrians and abutters; to reduce congestion in the street and contribute to traffic safety. Nonresidential uses shall comply with these standards.
5.3.2. 
Required Parking Spaces. Off-street parking facilities, including but not limited to those in the General Use and Commercial Development Districts shall be provided for each type of use in accordance with the following Table. See Section 6.6 for requirements in the Business District and Section 8.3 for requirements in the Development Opportunities District. Off-street parking facilities shall comply with applicable State Laws for handicap parking.
PARKING TABLE
Principal Use
Minimum Number of Parking Spaces #
Hotel or Motel
1 per unit, PLUS 1 per two (2) employees (also add spaces for full service restaurant or assembly use from this Table)
Child Care Center
1 per four (4) occupants PLUS 1 per each employee
Clubs, Lodges, Social and Community Center Buildings
1 per 250 sq. ft. of gross floor area; PLUS 1 per two employees
Recreation Facility
1 per four (4) occupants or, in the case of a nonstructural facility 1 per four (4) persons the facility is intended to accommodate
Restaurants, Bars, Theaters, Conference Center and other similar places of assembly
1 per three (3) occupants; PLUS 1 per two (2) employees**
Fast Food Order Food Establishment including Drive-in Food Service Establishment
1 per two occupants PLUS 1 per two (2) employees**
Church or similar place of assembly
1 per three (3) occupants; PLUS 1 per two (2) employees
Offices of a Physician, Dentist, Chiropractor or Similar Medical Practitioner; or Clinic
1 per 200 sq. ft. of gross floor area; OR 3 per medical practitioner, whichever is greater
Professional or Business (non-medical) Offices
1 per 300 sq. ft. of gross floor area, OR 1 per two (2) employees whichever is greater
Bank
1 per 300 sq. ft. of gross floor area
Barber Shop, Beauty Parlor or Health Spa
4 per operator's station
Personal Fitness Center
0.75 per occupant PLUS one per two (2) employees
Personal, Consumer and Retail Services
1 per 300 Sq. ft. of gross floor area; PLUS 1 per employee
Retail Sales
1 per 300 sq. ft. of gross floor area
Convenience Store
1 per 250 sq. ft. of gross floor area
Other Business, Institutional or Professional Uses Not Specified
1 per 300 sq. ft. of gross floor area: OR 1 per two (2) employees/occupants whichever is greater
Light Manufacturing or Manufacturing
1 per 600 sq. ft. of gross floor area
Warehouse or Distribution Facility
1 per 1,000 sq. ft. of gross floor area
Automotive Repair or other repair
3 per bay or 150 s.f. floor area and 1 per employee
Walk-up Ice Cream or Food Service Establishment without eat-in capacity
15 for 1st window and 10 per additional windows**
Self Storage Facility
1 per 10,000 s.f.; minimum of 3
5.3.3. 
Notes to Parking Table.
1. 
** Such establishments which do not provide indoor seating for at least 20 customers shall be required to have a minimum of 10 parking spaces, plus at least one space for each two employees.
2. 
# When used to calculate the number of parking spaces required, "occupants" means design occupancy load as determined by the Massachusetts State Building Code and the number of employees shall be construed as the normal maximum number of persons employed on the premises at any one time.
5.3.4. 
Common Parking. Common Parking Areas may be approved by the SPGA and be used for two or more uses, if the total space provided is not less than the sum of the spaces required for each use individually. The SPGA may reduce the number of spaces required to be built in a common parking facility up to one-half such sum, if it can be demonstrated to the satisfaction of the SPGA that the hours or days of peak parking needed for the uses are so different that a lower total will provide adequately for all uses served by the facility. However the land area necessary to allow the construction of the remainder of the required parking spaces shall be reserved on each lot as open space; provided that reserved area shall not be used for purposes of calculating a lot's compliance with the minimum open space requirements set forth herein and provided further that the reserved area if built as a parking area would fully comply with the requirements of this Bylaw. Change in use, major alteration or change in characteristics of existing use which in the opinion of the Zoning Enforcement Officer will result in material change in the conditions for common parking originally approved by the SPGA shall require a Special Permit. The SPGA may then require construction of all or a portion of the reserved parking spaces.
5.3.5. 
Multiple Principal Uses. In the event of multiple uses, the number of spaces required shall be based on the sum total number required for each use combined.
5.3.6. 
Same Lot. Required off-street parking facilities shall be provided on the same lot or premises as the principal use that they are intended to serve, unless a common parking area is allowed by the SPGA.
5.3.7. 
Other Parking. Parking areas for vans, buses or other vehicles shall be provided if necessary in connection with a proposed use. Said parking spaces for vans, buses or other vehicles shall not be included in the minimum number of parking spaces.
5.3.8. 
No Backing Out. Parking areas shall be designed to prevent the necessity of any vehicles backing into a common access drive or street.
5.3.9. 
Right of Way. No parking area stalls or aisles shall be laid out on land that is reserved as any type of vehicular right of way, including right of way for multiple businesses.
5.3.10. 
Dimensional Standards. Parking Areas shall comply with the following dimensional standards:
1. 
Each parking space shall have a useable area of at least two hundred (200) square feet and be served by access and maneuvering areas of sufficient size to permit safe and convenient movement of vehicles. The minimum aisle width shall be twenty four (24') feet. Each parking space shall be a minimum of ten (10') feet wide by twenty (20') feet long.
2. 
No parking area shall be located less than twenty-five (25') feet from an existing or proposed street line nor less than twenty feet (20') feet from a side or rear lot line (fifteen (15') feet in the GU Districts). In addition, no parking area in the CD District shall be located less than twenty-five (25') feet from a common access drive line.
3. 
CD District Parking areas which abut residential districts/uses.
a. 
CD District parking areas abutting the RA, RB or RR districts shall be set back no less than one hundred (100') feet and the setback shall be landscaped or otherwise improved or maintained in its natural state as approved by the SPGA to visually screen and mitigate the residential district from noise, lights and nuisance.
b. 
The SPGA may reduce the setback provided that the applicant proposes mitigation and upon the finding by the SPGA that the proposed mitigation is equal to or will exceed the mitigation that would be provided by a setback of 100 feet and will be sufficient to ensure that the non-residential use will not be detrimental to the established or future character of the neighborhood and Town and there will be no nuisance or hazard. In no case shall the setback from a Residential District be less than thirty (30') feet.
c. 
Earth berms, walls, fencing, landscaping and/or screening shall be provided within setback areas abutting residential districts to control noise, lights and dust, to provide shade and to screen commercial use from residential use. Earth berms where used should be landscaped with trees and shrubs to provide a thick screen of vegetation and should vary in width and height throughout their length in order to achieve topographical relief and to appear to occur naturally.
4. 
No parking space shall be located within five (5') feet of a building line except within an enclosed structure. No access aisles, entrance driveways, exit driveways or fire lanes shall be located within five (5') feet of a building. However, where a drive-through facility is provided in connection with a building, the access aisle servicing such facility may be located within one (1') foot of the building. Adequate sight distance for pedestrians shall be provided.
5. 
No portion of an entrance or exit driveway at the street line shall be closer than fifty five (55') feet from a point of curvature of the intersecting right of way or point of intersection of the intersecting street, whichever is closer.
6. 
Not more than one driveway for two-way use or two driveways for one way use, shall be allowed for each one hundred fifty (150') feet of frontage of a lot.
7. 
For purposes of reducing congestion and traffic hazards, the SPGA may require the off-street parking areas and driving lanes on adjacent lots to be connected to one another so that vehicles may travel from one lot to adjacent lots without having to enter onto the street or common access drive.
8. 
Large parking areas are discouraged in the front of buildings. Large parking areas are encouraged to be located at the side or rear of buildings.
9. 
Pedestrian facilities shall be designed in all parking areas to facilitate pedestrian movement between lots and buildings.
10. 
No portion of a driveway at the street line shall be closer than ten (10') feet from a side lot line. The maximum width of driveways at the street line or common access drive shall be thirty (30') feet and with a minimum width of twenty (20') feet. The minimum curb radius shall be fifteen (15') feet.
11. 
In order to facilitate fire trucks and other emergency vehicles, there shall be a clear and unimpeded fire lane located around all buildings when required by the Fire Department.
12. 
Any building erected, placed or converted for business, manufacturing or industrial use in the Industrial District shall be provided with an off-street parking area adequate to meet the needs of its use.
5.3.11. 
Parking Area Construction Standards - CD District.
1. 
All parking areas, entrances and driveways shall be paved. Construction shall be a minimum of:
a. 
12" gravel base with 95% compaction;
b. 
Pavement shall be Massachusetts Department of Transportation (MADOT) Type I-1 compacted to 95% laboratory density; and,
c. 
Pavement shall consist of three inches (3") of asphalt installed in two (2) courses: two inches (2") minimum binder followed by a one inch (1") minimum top course.
2. 
Parking Spaces shall be clearly marked through the use of durable paint intended for such use.
3. 
Curbing shall be installed at the edge of all pavement including the parking areas and driveways to protect landscaped areas including landscaped islands and medians and to prevent parking within the required set back areas. Curbing shall be vertical granite or vertical cast in place or precast concrete with a minimum five (5") inches reveal as approved by the SPGA.
4. 
Entrance and exit driveways shall be clearly defined by curb cuts, signs and striping as approved by the SPGA.
5.3.12. 
Off-Street Loading.
1. 
All loading shall take place on-site in a specified area designed for this purpose. Loading shall not block streets, access ways, driveways, parking or pedestrian areas.
2. 
Off-street loading facilities shall be provided. The SPGA shall determine the adequacy of loading facilities based on the nature of the use. Off-street loading facilities shall be screened from public use areas.
5.3.13. 
Special Permit. The SPGA may adjust any of the requirements of this section by special permit where it finds that such adjustment will not be substantially detrimental to safety. The SPGA may require the establishment of a reserve area where a reduction in the number of spaces is authorized.
5.4.1. 
General. Landscaping of the lots shall be attractive and shall provide definite spatial separation between lots, parking areas and buildings. Landscaping shall also be designed to ornament and accent the individual buildings with plants sized in scale with the buildings at time of planting.
1. 
Parking area trees shall be used to provide shade for the parking area.
2. 
Landscaped areas shall be located in such a manner which provides unobstructed lines of sight for vehicles entering and exiting the premises.
3. 
For landscaping and screening regulations in the Development Opportunities District, see Section 8.3; for landscaping of parking areas which abut a residential use or district in the CD District see Section 5.3.10.
5.4.2. 
Front Setback. Landscaping within the twenty five (25') foot front setback shall include a soil berm a minimum two (2') feet and maximum three (3') feet in height to be sufficiently planted as to visually screen parked cars. Along all streets and common access drives, the front yard setback shall contain at least four (4) trees for each one hundred fifty (150') feet of frontage of a lot.
5.4.3. 
Side and Rear Setback Areas. Areas between lots including all side and rear setbacks shall be attractively landscaped with a mixture of evergreen trees, shrubs, flowering ornamental trees and shade trees. Natural (existing) vegetation may be retained to buffer and landscape these areas with the approval of the SPGA if the natural vegetation is of a quality to provide for an attractive buffer or planting area equal in quality to nursery grown stock.
5.4.4. 
Plantings. Landscaped areas of the lots shall be planted with grass as a base rather than large islands of mulch. Mulched planting beds should be used minimally and only in conjunction with flowers, shrubs or similar plant material. Areas of steep slopes shall be planted with meadow grass or other stabilizing ground cover as approved by the SPGA so that no soil erosion will occur. Plant material shall be in conformance with the "American Standard for Nursery Stock" ANSI Z60.1 latest edition and be of adequate height or size upon planting to achieve the required landscaping, buffering or screening effect at time of planting. Shade trees shall be a minimum 2.5" caliper (measured at six (6") inch height) and have a minimum branching height of six (6') feet. Planting shall be in accordance with MADOT Standard Specifications. No pavement shall be placed within a four (4') foot radius of the trunk.
5.4.5. 
Maintenance. All areas not under impervious cover must be maintained with either natural or cultivated, living plant material. However, up to five (5%) percent of gross landscaped area may be permeable, non-organic cover, such as gravel, that may be considered open space in the impervious area calculation; this area shall not be used for vehicle or equipment parking.
5.4.6. 
Unsightly Areas. All outdoor areas used for the storage of wastes, salvage materials, unregistered or disabled motor vehicles, construction equipment or bulk materials that are not for sale, shall be screened in a manner which restricts the view of such areas from public streets and adjacent structures. Such screening shall consist of durable evergreen vegetation or solid fencing of a type suitable to the area.
5.4.7. 
Parking Area Landscaping. For all parking areas the following shall apply:
1. 
Landscaping as % of Parking Area. At least 10% of the area within parking facilities in the CD District shall be landscaped islands or landscaped strips containing at least one (1) tree, that are surrounded on all sides or at least on three (3) sides by parking areas, access aisles and entrance and exit driveways. Landscaped islands and landscaped medians shall be physically separate and visually distinct from perimeter landscaped open space. Landscaped islands and landscaped medians may be counted as pervious in the impervious calculation.
2. 
Landscape Islands. Landscaped islands shall be located at the end of all rows of parking stalls that adjoin access aisles or drives and shall also be located between every fifteen (15) parking stalls. Landscaped islands shall be at least eight (8') feet in width. One (1) shade tree shall be planted in each island up to twenty (20') feet in length and two (2) trees shall be planted in each island up to forty (40') feet in length. The SPGA may reduce or eliminate the requirement for landscape islands if the total number of parking spaces required for a lot is less than ten (10).
3. 
Landscape Medians. A continuous eight (8') foot wide landscaped median, running parallel to the rows of parking, shall be provided for every two (2) bays of parking. The landscaped medians shall be located between every three (3) bays of parking. One (1) shade tree shall be planted in the landscaped median every forty (40') feet.
4. 
Shrubs. Landscaped islands and landscaped medians in parking facilities shall also be planted with low growing shrubs that will grow no taller than two (2) feet. Said shrubs shall be spaced to provide effective ground cover in the opinion of the SPGA.
5.4.8. 
Shade Trees. In addition to trees required within landscaped islands and landscaped medians shade trees shall also be provided every forty (40') feet along the perimeter of all parking areas and driveways for the purpose of providing shade.
5.4.9. 
Access. Driveways and walks are permissible in the front setback area to provide necessary and reasonable access to the site for vehicles and pedestrians.
5.5.1. 
Street Setback Screening. Screening consisting of natural vegetation or planted landscape materials consisting of a combination of trees, shrubs and grasses to visually screen the proposed use, shall be provided to a depth of not less than one hundred fifty (150') feet from the street line to cover the entire street frontage of the lot. Driveways and walkways are permissible for convenience of use.
5.5.2. 
Property Line Setback Buffering. Earth berms, walls and/or fencing combined with landscaping may be required by the SPGA within the 150' front, side and rear setback areas to control noise, lights and dust and to buffer and screen industrial and manufacturing uses and other incompatible uses from any nearby residential properties and to protect the visual character and natural resources of the town. Earth berms, where used, should vary in width and height throughout their length in order to achieve topographical relief and to appear to occur naturally.
[Amended 10-4-2021 STM by Art. 27, AG 1-27-2022, eff. 10-4-2021]
5.6.1. 
General. The following shall apply:
1. 
A landscaped buffer zone shall be provided not less than twenty (25') feet in depth along the street line and not less than fifteen (15') feet in depth along a side or rear lot line. Where commercial property abuts residential property, adequate screening will be provided in the side and rear landscaped buffer zones.
2. 
Earth berms, landscaping or screening shall be provided to control noise and dust, to prevent soil erosion, to provide shade, to screen from public view areas for waste disposal or outdoor storage and to protect the visual character and natural resources of the town. Earth berms where used should vary in width and height throughout their length in order to achieve topographical relief and to appear to occur naturally.
3. 
All land located between the street line and parking areas as required by Section 4.1.1 of this Bylaw shall be provided with attractive and durable landscaped areas consisting of natural vegetation, shrubs, mulches, evergreens and such other vegetation. Such landscaped areas shall be located in a manner which provides unobstructed lines of sight for vehicles entering and exiting the premises, consistent with Section 5.2 of this Bylaw.
4. 
All outdoor areas used for the storage of wastes, salvage materials, unregistered or disabled motor vehicles, construction equipment or bulk materials that are not for sale, shall be screened in a manner which restricts the view of such areas from public streets and adjacent structures. Such screening shall consist of durable evergreen vegetation or solid fencing of a type suitable to the area.
5. 
Parking areas shall be subdivided by medians containing trees and other landscaping material. One (1) ten (10') foot wide median shall be required for every two (2) bays of parking.
6. 
All plant material is to be at least five (5) years old.
5.7.1. 
General Requirements. See Section 8.3 for sign regulations in the Development Opportunities District.
5.7.2. 
Business District Signs. The purpose of this section is to provide standards for the installation of signs affixed to buildings or structures or placed on building grounds so as to preserve the aesthetic and historic appearance of the Business District, promote economic development, protect property values and reduce traffic safety hazards. Signs should be of the type traditionally used in a typical New England Downtown. The Site Plan Approval Authority (SPAA) shall assure that signs are appropriate for the district. The following rules shall apply in the Business District.
1. 
Applicability. The SPAA shall approve all permanent signs and endorse Sign Plans. No sign(s) shall be attached, erected or otherwise installed on the lot or the exterior of any building or structure in the Business District without first obtaining sign plan approval from the SPAA. No building permit shall be issued by the Building Inspector for the sign installation subject to this section and no sign installation shall commence, until the SPAA has endorsed its approval on the Sign Plan and a copy of the approved sign plan has been submitted to the Building Inspector. Existing signs are allowed to remain and are not subject to these requirements unless said sign is removed and replaced with a different sign or different type of attached brackets. Existing signs may be removed for maintenance, re-lettering or name change, without requiring approval under this section.
2. 
Submission Requirements. A Sign Plan shall be submitted by the applicant showing all permanent signs in detail and as they are proposed to be installed on the building or structure. Plans shall include color, materials, lettering, lighting and proposed mounting details.
3. 
General Requirements: Sign Plan Approval may be granted only in accordance with the following requirements:
a. 
Signs, including brackets and mounting appurtenances shall be consistent with building design.
b. 
No sign shall extend above the roof line or facade, whichever is higher; roof signs shall not be permitted.
c. 
No signs shall be flashing, shimmering or consist of rotating lights.
d. 
Moving or rotating signs shall not be permitted with the exception of barber poles.
e. 
No sign shall be placed which prevents the driver of a vehicle from having a clear and unobstructed view of approaching or merging traffic.
f. 
Multiple signs on a building should be coordinated for shape, materials, colors, typefaces and graphics. Multiple signs on a building should be aligned with each other and with adjacent buildings.
g. 
Signs should not hide architectural detailing.
h. 
Individual letters may be mounted on the building.
i. 
Signs may be applied to cloth or awnings which conform to the requirements of this section. Lettering may be painted on windows.
j. 
Where Site Plan Approval is required for the proposed work, approval of a Sign Plan shall be consolidated with the Site Plan Approval procedures and the SPAA shall determine that the Site Plan Approval complies with all of the requirements and provisions of the Sign Plan Review as part of the Site Plan Approval Proceeding.
4. 
Temporary signs, including those which are mounted on trailers and/or have blinking lights and large letters used to advertise grand openings, anniversaries or other events or matters may be used if they are restricted to being located on the lot to which they relate and are not used more than once per calendar year for a period not to exceed 30 days. A permit for such temporary sign shall be received from the Building Department prior to installation. This provision does not include political signs.
5. 
Sign Dimensions.
a. 
The display of one (1) free standing sign placed on the lot pertaining to the use or uses of the premises with a total area of not more than twelve (12) square feet in surface area per side. Said free standing sign shall be limited to two (2) sides and total sign height shall not exceed fifteen (15) feet.
b. 
A wall mounted sign with up to one (1) square foot of sign per running foot of a front building wall. The length of the sign shall not exceed 60% of the front building wall length.
c. 
Signs which are permitted to overhang a public way or project from the front face of a building or structure shall not exceed nine (9) square feet in surface area per side. Such signs shall not project more than three feet six inches (3' 6") from the front face of the building or structure wall including the space between the sign and the wall and shall be at least eight (8) feet above the ground.
d. 
Buildings containing a second public entrance on a wall other than a front building wall or a street side wall in addition to a front building wall, may cause to be installed one (1) additional sign at either said entrance or on said street side wall. If two signs are to be installed, one on the front building wall and one on either a street side wall or a wall containing a second public entrance, one sign may be full sized based on 60% of the length of the wall upon which it is installed and the second sign shall be no more than 30% of the length of the second wall.
6. 
Compliance.
a. 
Applications for Sign Approval shall be submitted to the Town Clerk on behalf of the SPAA.
b. 
Copies of submissions for Sign Approval shall be submitted by the applicant to the Historical Commission, Planning Board and Building Inspector at the time of application to the SPAA.
c. 
The SPAA shall take final action on the request for Sign Approval within thirty (30) days of receipt of the application or such further time as may be agreed upon at the written request of the owner.
d. 
No deviation from an approved Sign Plan shall be allowed without modification thereof by the SPAA.
5.7.3. 
Commercial Development District Signs. The following rules shall apply in the Commercial Development Districts.
1. 
All signs shall be firmly affixed to a foundation or building, excluding real estate "for sale" or "for lease" signs. No flashing light or moving parts are permitted.
2. 
One (1) freestanding sign is allowed for frontage up to 300 feet plus one for each additional full three hundred (300) feet of frontage. Total display area of all freestanding signs shall not exceed one square foot per side for each two linear feet of frontage.
3. 
Other signs may be attached to a building provided that the total area of such signs not exceed ten (10%) percent of the gross unglazed wall area of the face of the building where the sign will be located and not extend above or beyond the edge of wall.
4. 
Other signs may be attached inside windows or a building provided that the total area of such signs not exceed ten (10%) percent of the gross glazed area of the face of the building where the sign will be located.
5. 
Free-standing display signs may not exceed thirty-five (35) feet in height and no part of any sign may be less than five (5) feet from any property line.
6. 
In addition to these standards, two (2) directional signs not to exceed two (2) square feet each, may be placed at each entrance or egress to a lot.
7. 
One site identification sign of up to thirty-two (32) square feet in area may be temporarily erected while the lot is under construction. The temporary sign shall be removed upon the issuance of a certificate of occupancy and shall not be allowed as permanent signage.
8. 
Banners and other temporary signs, including signs mounted on trailers and movable stands, may be allowed by the SPGA for temporary uses only and for a specifically limited time.
5.7.4. 
Residence Districts. The following rules shall apply in the Residence Districts. Signs are permitted for:
1. 
Advertising the sale or rental of the property on which it is located. The sign shall not exceed six (6) square feet in area.
2. 
Advertising activities with a permitted use and those uses allowed by special permit or variance. There shall be only one (1) sign and it shall not exceed six (6) square feet in area and shall be on the premises where such activities are carried on.