[Amended 10-25-1999 STM,
by Art. S4]
A.
Applicability.
(1)
No provision of this Zoning Bylaw shall apply to structures
or uses lawfully in existence or lawfully begun, or to a building
or special permit issued before the first publication of notice of
the public hearing required by MGL c. 40A, § 5. Such prior,
lawfully existing nonconforming uses and structures may continue,
provided that no modification of the use or structure is accomplished,
unless authorized hereunder.
(2)
If real property has been improved by the erection or alteration
of one or more structures and the structures or alterations have been
in existence for a period of at least 10 years and no notice of action,
suit or proceeding as to an alleged violation of this chapter or of
a bylaw adopted under this chapter has been recorded in the Registry
of Deed for the county or district in which the real estate is located
or, in the case of registered land, has been filed in the registry
district in which the land is located within a period of 10 years
from the date the structures were erected, then the structures shall
be deemed, for zoning purposes, to be legally nonconforming structures
subject to MGL c. 40A, § 6, and any local bylaw related
to nonconforming structures.
B.
Nonconforming uses. The Board of Appeals shall award a special permit
to change a nonconforming use in accordance with this section only
if it determines that such change or extension may not be substantially
more detrimental than the existing nonconforming use to the neighborhood.
The following types of changes to nonconforming uses may be considered
by the Board of Appeals:
C.
Nonconforming structures. The Board of Appeals may award a special
permit to reconstruct, extend, alter or change a nonconforming structure
in accordance with this section only if it determines that such reconstruction,
extension, alteration, or change shall not be substantially more detrimental
than the existing nonconforming structure to the neighborhood. The
following types of changes to nonconforming structures may be considered
by the Board of Appeals:
D.
Variance required. Except as provided below in Subsection E, the reconstruction, extension or structural change of a nonconforming structure in such a manner as to increase an existing nonconformity, or create a new nonconformity, including the extension of an exterior wall at or along the same nonconforming distance within a required yard, shall require the issuance of a variance by the Board of Appeals.
E.
Nonconforming single- and two-family structures.
(1)
Nonconforming single- and two-family residential structures
may be reconstructed, extended, altered or structurally changed upon
a determination by the Building Commissioner that such proposed reconstruction,
extension, alteration, or change does not increase the nonconforming
nature of said structure. The following types of changes shall be
deemed not to increase the nonconforming nature of said structure;
provided, however, that in no case shall the alteration to the nonconforming
structure result in (a) a structure no more than the lesser of the
maximum height allowable under these bylaws, or a ten-percent increase
in existing height, or (b) a structure closer to the side or rear
lot lines than 10 feet in Residence A, 15 feet in Residence B, 20
feet in Residence C or 20 feet in Residence D; said residential districts
as shown on the Zoning Map of the Town of Marion, Massachusetts, February,
1984, final revision date July, 1999:
(a)
Alteration to a structure located on a lot with insufficient
area, where such alteration complies with all current setback, yard,
building coverage, and building height requirements.
(b)
Alteration to a structure located on a lot with insufficient
frontage, where such alteration complies with all current setback,
yard, building coverage, and building height requirements.
(c)
Alteration to a structure encroaching upon one or more required
yard or setback areas, where such alteration will comply with all
current setback, yard, building coverage and building height requirements.
(2)
In any other case, the Building Commissioner shall refer the
matter to the Board of Appeals. The Board of Appeals may, by special
permit, allow such reconstruction, extension, alteration, or change
where it determines that the proposed modification will not be substantially
more detrimental than the existing nonconforming structure to the
neighborhood.
[Amended 4-29-2003 STM
by Art. S2]
F.
Abandonment or non-use. A nonconforming use or structure which has
been abandoned, or not used for a period of two years, shall lose
its protected status and be subject to all of the provisions of this
Zoning Bylaw.
G.
Catastrophe or demolition. Any nonconforming structure may be reconstructed
after a fire, explosion or other catastrophe or after demolition,
provided that such reconstruction is completed within 24 months after
such catastrophe or demolition caused by a catastrophic event, and
provided that the building(s) as reconstructed shall be located on
the footprint of the nonconforming structure and rebuilt to an extent
only as great in volume or area as the original nonconforming structure
unless a larger volume or area or different footprint is authorized
by special permit from the Board of Appeals. The Board of Appeals
may extend by 12 months the period of completion.
[Amended 10-15-2001 STM
by Art. S11]
H.
Reversion to nonconformity. No nonconforming use shall, if changed
to a conforming use, revert back to a nonconforming use.
It is the intention of these sign regulations to promote public
safety, protect property values, create an attractive business climate
and enhance the physical appearance of the community.
A.
General requirements/procedures.
(1)
Illumination. Any illuminated sign or lighting device shall
employ only lights emitting a constant light source.
(2)
Maintenance. All signs, together with their supports, braces,
guys and other anchors, shall be kept in good repair and in safe condition.
The owner and the lessee, if any, of the premises on which the sign
is erected shall be directly responsible for keeping such sign and
the area around it in a neat, clean and safe condition.
(3)
Design limitations:
(a)
The bottom of freestanding or projecting signs shall be no closer
than eight feet to the ground where people walk and 15 feet to surfaces
where vehicles may drive.
(b)
The top of every sign shall be no higher than 18 feet from the
ground or, if mounted on a building or roof, no higher than the highest
point of the roof (such as the ridge line) or parapet, whichever is
the higher.
(c)
Any sign attached to a building shall project no more than five
feet from the building.
(d)
Any freestanding sign shall have a support structure which is
of sufficient strength and which is securely attached to a foundation
or the ground so that the sign and its support create no danger to
life or limb.
B.
Signs in residential districts. There shall be no advertising signs
in any residential district, except for:
(1)
Real estate "for sale" and "for rent" signs and related directional
signs.
(3)
Signs for nonconforming businesses that are located in residential districts. These signs shall carry the same restrictions as signs in the Limited Business District (Subsection D).
(4)
Signs for proposed subdivision projects. These signs shall include
the name of the developer, the size and scope of the proposed subdivision,
as well as the date of the definitive subdivision hearing. The sign
shall have an aggregate area of 48 square feet and shall be located
on the subdivision's proposed access front.
[Added 4-28-1997 ATM
by Art. 34]
C.
Residential accessory use signs. Signs for residential accessory
uses may be permitted as follows:
(1)
No more than one sign is allowed.
(2)
No sign shall be larger than two square feet of surface per
side.
(3)
No illumination shall be greater than a 175 watt incandescent
bulb, or equivalent, per side.
(4)
No illumination shall be directed anywhere but on the sign face,
and the illumination source shall be suitably concealed by a reflecting
shield.
D.
Signs permitted in General Business (GB), Marine Business (MB), Limited
Industrial (LI), and Limited Business Districts (LB).
(1)
Each business or industrial establishment may display at each
of its locations a total of two signs selected from the following:
(a)
One wall- or roof-mounted sign having an aggregate face area
of not more than 24 square feet in the GB, MB and LI and not more
than 12 square feet in the LB.
(b)
One projecting double-faced sign, each face having an aggregate
face area of not more than 12 square feet in the GB, MB, LI and LB.
(c)
One freestanding double-faced sign, each face having an aggregate
face area of not more than 12 square feet in the GB, MB, LI and LB.
(d)
If a business faces and operates with more than one geographic
front for public access, it may have any two of the above signs on
one public access geographic front and any one of the above on its
other public access front.
(2)
Where more than one business is located in a building or buildings on the same lot or contiguous lots, owned and operated as a unit, one freestanding sign for each main building, not exceeding 25 square feet of face area per side in the GB, MB and LI and 15 square feet of face area per side in the LB, may be provided in lieu of the individual business freestanding sign allowed in Subsection D(1)(c) and in addition to either the wall- or roof-mounted or projecting sign for each business allowed in Subsection D(1)(a) or (b) above.
(3)
Non-advertising signs necessary to the conduct of business and
signs for the necessary information and safety of customers and the
public.
(4)
Temporary banners across a street or on a building, or any other
temporary sign, may be displayed for a maximum of 15 days per event
or activity when such sign is used to inform the public of an activity
or event sponsored by any government agency or civic, charitable,
religious, patriotic, fraternal or nonprofit organization.
(5)
Real estate "for sale" and "for rent" signs and off-premises
related directional signs.
(6)
Signs associated with an approved stand for farm produce not
exceeding 12 square feet in total area.
E.
Signs for gasoline filling and service stations and marine fuel stations.
The following signs, customary and necessary to the operation of filling
and service stations, are permitted:
(1)
All signs required by federal, state and municipal laws and
regulations.
(2)
A credit card sign not to exceed two square feet in area, affixed
to the building, or the gasoline pumps or permanent sign structure
or non-advertising signs necessary to the conduct of business and
signs for the necessary information and safety of customers and the
public.
(3)
One sign bearing the brand name or the trade name of the station,
of a design specified by the vendor, permanently affixed to the building
or its own metal substructure, said sign not to exceed 25 square feet
in area in the GB, MB, and LI and 15 square feet in the LB.
F.
Signs allowed by special permit (See § 230-7.4.). The Zoning Board of Appeals, in evaluating requests for special permits for signs not permitted in Article VI, shall weigh equally the community's concern that commercial signage be minimized and the right of businesses to advertise and that departure from the limitations of Article VI shall not ordinarily be granted without a clear showing of business hardship. The following signs may be allowed by special permit:
(3)
Signs larger than the permitted size.
(4)
Community service signs that seek to inform the community of
upcoming events are permitted, provided that no such sign shall be
permitted which would habitually be detrimental or offensive or tend
to reduce property values in the immediate neighborhood. Signs shall
remain for no longer than 45 days. Such period may be extended for
an additional forty-five-day period by the special permit granting
authority upon the written request of the applicant.
[Added 4-28-1997 ATM
by Art. 34]
G.
Prohibited signs. The below-listed signs and conditions are prohibited
in all districts, unless specifically allowed in other sections of
this bylaw:
(1)
Signs simulating those signs normally erected by various governmental
agencies for the protection of public health or safety.
(2)
Signs which interfere with the free and clear vision of any
street or driveway.
(3)
Freestanding signs within 10 feet of any side or rear lot line,
30 feet to street corners and within 50 feet of any residential zoning
boundary.
(4)
Signs or advertising devices, including lighting, which interfere
with radio or TV reception.
(5)
Illuminated signs or lighting devices that allow light beams
or reflected lights to cause glow or reflections that can constitute
a traffic hazard or a public nuisance.
(6)
Billboards.
(7)
Animated signs and/or flashing signs or advertising devices
which create intermittent or varying light intensity, and signs with
movement, including revolving signs, actuated by mechanical or electrical
devices. This prohibition also applies to signs and devices located
within a building, but visible on its exterior. Signs must be stationary
and shall not move nor oscillate nor contain any visible moving parts.
(8)
Illumination of a wall, roof or gable for purposes of advertising
(Temporary holiday decorations are excluded from this prohibition.).
(9)
Portable or mobile type signs, including sandwich-type and cardboard
signs.
(10)
A string of three or more banners, streamers, pennants and similar
devices designed to attract attention through the use of bright colors
or movement, natural or artificial.
H.
Severability. If any section or part thereof this bylaw is held to
be invalid, the remainder of this bylaw shall not be affected thereby.
[Amended 6-18-1990 STM
by Art. 12]
Accessory uses customarily incidental to the permitted principal uses on the same premises are permitted, provided that no such use shall be permitted which would be detrimental or offensive or tend to reduce property values in the same or adjoining districts by reason of noise, dirt, excessive vibration or odor. Accessory uses are permitted only in accordance with lawfully existing principal uses. An accessory use may not, in effect, convert a principal use to a use not permitted in the zoning district in which it is located. Where a principal use is permitted under special permit, its accessory use is also subject to the special permit. In all instances where site plan review and approval is required for a principal use, the addition of any new accessory use to the principal use, where such addition exceeds the thresholds established in § 230-9.1, such addition shall also require site plan review and approval.
A.
General provisions. A home occupation is considered an accessory
use to a residential property in all zones. A special permit is required
in a Limited Industrial Zone. A home occupation shall be incidental
to the principal use as a residence, but need not be a use that is
customarily associate with residential use. Except as specifically
authorized by special permit, home occupations, as defined in § 230-11
of this bylaw, are permitted subject to the following conditions.
B.
Limitation of area. The occupation or profession shall be carried
on wholly within the principal building, provided that an area no
larger than 25% of the floor area of the residence is used for the
purpose of the home occupation or the professional use. Also permitted
is the use of up to 2,000 square feet of a lot, including an accessory
building thereon in connection with a trade.
C.
Permitted home occupations. Home activities may include, but are
not limited to, the following: art studio, dressmaker, millinery,
handcrafts, musician, professional office of lawyer, engineer, architect,
landscape architect, clergyman, certified public accountant, information
technology, clerical, telephone or mail services within a dwelling
occupied by same. Also permitted are trades such as carpenter, electrician,
painter, plumber, or any other artisan, provided that no manufacturing
or business use requiring substantially continuous employment is carried
on. Farm, market garden, nursery or greenhouse and the sale of products,
the major portion of which is grown on premises, are permitted.
D.
Prohibited home occupations. Home activities may not include, but
are not limited to, the following: clinic, restaurant, convalescent
home, or animal hospital.
E.
Requirements. The home occupation is allowed as-of-right, provided
that it:
(1)
Does not exhibit any exterior indication of its presence nor
alter the residential appearance except for signage in compliance
with these bylaws.
(2)
Is conducted solely within a dwelling (permanent) or accessory
building and solely by the person(s) occupying the dwelling as a primary
residence and, in addition to the resident(s) of the premises, by
not more than two employees.
(3)
Is clearly incidental and subordinate to the use of the premises
for residential purposes and does not produce vehicle traffic greater
than that associated with a residential use.
(4)
Does not create a health or safety hazard nor produce offensive
noise, vibration, smoke, dust, odors, heat, lighting, and no electrical
interference or environmental pollution.
(5)
Provides adequate parking for additional vehicles associated
with the home occupation.
(6)
Is registered as a business with the Town Clerk.
[Amended 4-23-1985 ATM
by Art. 20; 4-22-1996 ATM by Art.
28; 3-10-1997 STM by Art. S15; 4-28-1997 ATM by Art. 33]
Parking facilities off the street right-of-way shall be provided
on the premises for all new residential and new or changed nonresidential
uses. The number of spaces to be provided shall be as set forth in
the Table of Parking Requirements, unless the proponent elects to
provide more parking spaces than are otherwise required.
A.
Reduction of parking requirement by special permit. Notwithstanding the provisions of § 230-6.5, the Planning Board may, by special permit, reduce the number of parking spaces required for nonresidential uses upon its determination that the intended use of the premises can be adequately served by fewer spaces. The Planning Board may consider on-street parking available near the premises as a factor in making this determination.
B.
Off-street parking in the Limited Business District. Notwithstanding the provisions of § 230-6.5, uses located within the Limited Business District need only supply 70% of the parking requirement set forth in the Table of Parking Requirements.
C.
Table of Parking Requirements. Parking shall be provided in accordance
with the following schedule:
|
Principal Use
|
Minimum Number of Parking Spaces
| |
|---|---|---|
|
General retail
|
1 per 200 square feet of gross floor area
| |
|
Retail sales accessory to industrial use (less than 2,000 square
feet of retail space)
|
1 per 500 square feet of gross floor area devoted to retail
sales
| |
|
Boat sales and service
|
1 per 5,000 square feet of indoor or outdoor area devoted to
display, sales, service or storage
| |
|
Printing and publishing
|
1 per 500 square feet of gross floor area
| |
|
Medical office
|
1 per 150 square feet of gross floor area for medical and dental
offices
| |
|
General office
|
1 per 250 square feet of gross floor area
| |
|
Restaurant
|
1 per 2 seats, plus 1 per 2 employees on the largest shift
| |
|
Research and development, manufacturing or industrial
|
1 per 500 square feet of gross floor area or 1 per employee,
whichever is greater
| |
|
Warehousing and storage
|
1 per 2 employees, but not less than 1 space per 5,000 square
feet of area devoted to indoor or outdoor storage
| |
|
Inn and bed-and-breakfast
|
1 per sleeping room, plus 1 per 2 employees, plus 1 for the
owner
| |
|
School or day-care facility
|
1 per 4 occupants, plus 1 per 2 employees
| |
|
Church, library, museum or similar place of assembly
|
1 per 8 occupants, plus 1 per 2 employees
| |
|
Bank
|
1 per 175 square feet of gross floor area
| |
|
Home occupation
|
1 per room used for office, plus 1 per nonresident employee
(in addition to parking spaces for the principal residential use)
| |
|
Motor vehicle service station
|
2 per service bay, plus 1 per employee
| |
|
Dwelling unit
|
2 per dwelling unit
|
|
Any computation resulting in a fraction of a space shall be
rounded to the next highest whole number.
|
D.
Parking lot design.
(1)
Required parking areas shall not be located forward of any building
front line on the lot, or on an adjacent lot;
(2)
Parking spaces shall be at least nine feet by 18 feet;
[Amended 4-22-1996 ATM
by Art. 28]
(3)
In parking areas with eight or more spaces, individual spaces
shall be delineated by painted lines, wheel stops or other means;
(4)
For parking areas of 15 or more spaces, bicycle racks facilitating
locking shall be provided to accommodate one bicycle per three parking
spaces or fraction thereof. Such bicycle rack(s) may be located within
the parking area or in another suitable location as deemed appropriate
by the Planning Board.
(5)
Parking lot aisles shall be designed in conformance with the
following:
|
Minimum Aisle Width
(feet)
| |||
|---|---|---|---|
|
Parking Angle
|
One-Way Traffic
|
Two-Way Traffic
| |
|
0° (parallel)
|
12
|
20
| |
|
30°
|
13
|
20
| |
|
45°
|
14
|
21
| |
|
60°
|
18
|
23
| |
|
90°
|
24
|
24
| |
(6)
All artificial lighting shall be arranged and shielded so as to prevent direct glare from the light source onto any public way or any other property. All parking facilities which are used at night shall be lighted as evenly as possible within the wattage limits established by the State Building Code. All light shall be confined to the site and shall comply with the dark skies provisions set forth in § 230-9.11, Site plan details.
[Amended 5-21-2007 ATM
by Art. 24]
(7)
Access driveways to nonresidential premises shall meet the width
and vertical clearance requirements of the National Fire Protection
Association (NFPA). Driveways shall not exceed 24 feet in width; provided,
however, that driveways serving two-way traffic may be reduced to
10 feet in width when the driveway does not exceed 50 feet in length,
does not serve more than five parking spaces, and provides sufficient
turnaround so as not to require backing onto a public way.
[Amended 10-15-2001 STM
by Art. S12]
(8)
Parking facilities shall provide specially designated parking
stalls for the physically handicapped in accordance with the Rules
and Regulations of the Architectural Access Board of the Commonwealth
of Massachusetts Department of Public Safety or any agency superseding
such agency. Handicapped stalls shall be clearly identified by a sign
stating that such stalls are reserved for physically handicapped persons.
Said stalls shall be located in that portion of the parking facility
nearest the entrance to the use or structure which the parking facility
serves. Adequate access for the handicapped from the parking facility
to the structure shall be provided.
(9)
To the extent feasible, lots and parking areas shall be served
by common private access ways, in order to minimize the number of
curb cuts. Such common access ways shall be in conformance with the
functional standards of the Subdivision Rules and Regulations of the
Planning Board for road construction, sidewalks and drainage.[1] Proposed documentation (in the form of easements, covenants
or contracts) shall be submitted with the application, demonstrating
that proper maintenance, repair and apportionment of liability for
the common access way and shared parking areas has been agreed upon
by all lot owners proposing to use the common access way. Common access
ways may serve any number of adjacent parcels deemed appropriate by
the Planning Board.
[Amended 4-28-1997 ATM
by Art. 35]
A visual screen not less than six feet in height (a solid fence,
wall or strip of densely planted trees and/or shrubs) shall be provided
for each of the following:
A.
Off-street open parking areas of 10 or more spaces or more than two
trucks or other construction vehicles continually parked in or adjacent
to a residential district.
B.
All exterior storage areas exceeding 400 square feet in or adjacent
to a residential district.
C.
All exterior service areas of a business or industrial use.
A trailer or mobile home is any vehicle basically designed for
human habitation and for occasional or frequent mobile use, whether
on wheels or rigid supports.
A.
A mobile home or trailer may be parked or stored on a lot occupied
by the owners if located within a garage or an accessory building,
or if located at least 25 feet from any property line in the rear
half of the lot. Use and occupancy for living or business purposes
is prohibited, except as permitted by MGL c. 40A, § 3 to
accommodate an owner or occupier whose residence has been destroyed
by fire or other natural causes while the residence is being rebuilt.
B.
Temporary use. Temporary occupancy of a trailer or mobile home by
a nonpaying guest of the owner or occupant of the land may be permitted
by the Select Board for a period not to exceed two weeks in any calendar
year and an additional two-week permit may be granted by the Select
Board. Temporary use and occupancy of a mobile home as an office or
dwelling incidental to construction on the site may be authorized
by special permit, which must be approved and signed by the Board
of Health for a term not to exceed two years.
[Amended 10-19-2021 STM by Art. 6]
[Added 10-15-2001 STM
by Art. S10]
All utilities for new commercial site development shall be installed
underground and shall meet standards set by the utility companies
to the extent permitted under any other applicable state or local
law or regulation.
