The objectives of this section are as follows:
1.
Promote traffic safety by assuring adequate places for storing of
motor vehicles off the street and for their orderly access and egress
to and from the streets;
2.
Increase the traffic-carrying capacity of streets and highways in
the town and obtain a more efficient utilization of on-street curbside
parking;
3.
Reduce hazards to pedestrians upon public sidewalks; and
4.
Protect adjoining lots and the general public from nuisances and
hazards such as:
No building permit or certificate of occupancy shall be issued
for the construction of a new building, the enlargement of an existing
building, the development of a use not located in a building, the
redevelopment of an existing building, or the change from one type
of use to another, unless off-street parking is provided in accordance
with this Section 5.1.
The following rules for interpretation of this section shall
apply:
1.
Fractional Numbers. In the computation of required
parking spaces, only the fraction of 1/2 or more shall be counted
as one space.
2.
Number of Employees. Where the parking requirement
is based on the number of employees, the number shall be based on
the number of employees on the largest shift.
3.
Change of Use. For the purposes of this section
5.1, a change of use shall be a change in part or all of an existing
building or lot from one use category to another as permitted in the
Table of Use Regulations.
4.
Maximum Rate Occupancy. The maximum floor area allowances
permitted per occupant as required in the Massachusetts State Building
Code.
Appendix A, Table 3, Off-Street Parking Requirements, establishes
the minimum number of parking spaces required for the corresponding
type of use. Where a use is not specifically included in Table 3,
the regulations for the most nearly comparable use, as determined
by the Building Commissioner, shall apply.
The following design standards shall apply to parking areas
for uses other than a one-family or two-family dwelling:
1.
Parking Dimensions. The minimum dimensions of parking
spaces and maneuvering aisles shall be as shown in Appendix A, Table
4, Parking Dimensions.
2.
Parking Layout.
a.
Access to and egress from all parking areas shall be only via
driveways that meet the design standards of Section 5.1.5.4;
b.
All portions of all parking spaces, loading areas, and maneuvering
aisles shall be set back a minimum of five feet from any street or
way and a minimum of five feet from any property line. Curbs, wheel
stops, screening, or similar barriers shall be installed along the
setback line for parking and loading to prevent vehicles from being
parked or driven within required setback areas or required landscaped
areas;
c.
Each required off-street parking space and loading area shall
be designed so that any motor vehicle may proceed to and from it without
requiring the moving of any other vehicle or the passing over any
other parking space or loading area;
d.
The circulation system in each parking area shall be designed
so that all vehicles may exit from and enter into the adjacent street
or way by being driven in a forward direction and no vehicle shall
be required to enter or leave by backing out; and
e.
All required parking areas shall be paved and parking spaces
marked to provide delineation between parking spaces and aisles.
 |
3.
Parking for People with Disabilities.
a.
Parking facilities shall provide parking spaces designed for
people with disabilities in accordance with the rules and regulations
of the Massachusetts Architectural Access Board (AAB);
b.
Each parking space shall be clearly marked by a sign and shall
be located near the entrance of the building served.
4.
Driveways.
a.
The maximum number of driveways permitting entrance to and exit
from a lot shall be limited to two per street line;
b.
The minimum width of a driveway used for two-way traffic shall
be 24 feet. The minimum width of a driveway used for one-way traffic
shall be 14 feet. The maximum width shall not exceed 30 feet;
c.
Driveways shall be located to minimize conflict with traffic
on the street and where good visibility and sight distances are available
to observe approaching pedestrian and vehicular traffic.
5.
Loading Areas.
a.
An adequate number of off-street loading areas shall be provided
for any use that may be serviced by delivery vehicles;
b.
Loading areas shall be located in the side or rear yards only;
c.
Each loading area shall be located separately from employee
and customer parking and shall be designed to protect pedestrian safety
and avoid traffic conflicts with vehicles within, without, and entering
and leaving the lot where the loading area is located;
d.
No area may be utilized and counted as both a required parking
space and a required loading area; and
e.
Each loading area shall consist of a bay measuring at least
30 feet long, 12 feet wide, and 14 feet high if covered and a maneuvering
space equal to the length of the bay.
6.
Maintenance. Parking areas, loading spaces, and
landscaping shall be continuously maintained, and whenever necessary,
surfacing, lighting, parking space markings, and plantings shall be
replaced or repaired, and drainage structures maintained. Failure
to adequately maintain parking facilities shall be considered a violation
of this Bylaw.
The following parking requirements shall apply to APT districts:
1.
Required spaces shall be located either in an off-street paved area
or in a garage or carport.
2.
The spaces shall be located within 200 feet from the outside entrance
to the dwelling unit served.
3.
Any spaces located in a driveway providing access to more than one
dwelling unit shall not reduce the effective width of the driveway
to less than 12 feet.
4.
Any way or driveway providing principal access to six or more dwelling
units or eight or more parking spaces shall conform to applicable
provisions of the Planning Board regulations for minor residential
ways. To confirm the extent of conformity, the Zoning Board of Appeals
shall request a report from the Planning Board before granting a special
permit.
The following parking requirements shall apply to GB Districts:
1.
Location. The required number of off-street spaces
shall be provided on the same lot as the use or uses in question unless
the Planning Board grants a special permit for a change in parking
space requirements pursuant to Section 5.1.12.
2.
No Additional Spaces. No additional parking spaces
shall be required for a proposed use in an existing building if:
a.
The change of use or rearrangement of uses does not result in
an increase in the number of required parking spaces;
b.
The total number of parking spaces required for a particular
use, including a particular use in an existing multi-use building,
is six spaces or less. This shall not apply to proposals involving
the total renovation/redevelopment of a structure; and
c.
Having applied subsections a. and b. above, a proposed change
of use results in a net increase of three spaces or less. If the change
of use results in a net increase of more than three spaces, then the
total number of parking spaces shall be provided.
3.
Multiple Uses Sharing a Common Parking Lot. Required
parking spaces may be provided for two or more uses on a common lot
if the total number of spaces available is not less than the sum of
the spaces required for each use individually. The required number
of spaces on a common lot may be reduced by a special permit under
Section 5.1.12 if it can be shown that a lower total number of spaces
will serve all uses adequately, as determined by the Planning Board
or special permit granting authority.
4.
Extension or Alterations of Nonconforming Buildings and Uses. Extensions or alterations of a preexisting, nonconforming building
or use that requires a special permit under Section 9.4 shall provide
only the additional number of parking spaces that would be required
for the extension or alteration.
5.
Replacement After Catastrophe. The following parking
requirements shall apply to a building or structure that has been
damaged by fire, explosion, or other catastrophe:
a.
If a building or structure that did not conform to Table 3,
Off-Street Parking Requirements, is rebuilt not to exceed its pre-catastrophe
size and if no change in use occurs, continuance of that nonconformance
will be allowed;
b.
Any change in use shall require the building or structure to
conform to Table 3, Off-Street Parking Requirements;
c.
If a building or structure is rebuilt to exceed its pre-catastrophe
size, the additional number of parking spaces that would be required
for the excess floor area must be provided.
6.
Compact Car Spaces. In parking lots of more than
40 parking spaces, up to 30 percent of the spaces may be designed
for compact cars to service all-day parkers in accordance with the
design standards of Appendix A, Table 4. Compact car stalls shall
be grouped in one or more contiguous areas and conspicuously identified
by signs or pavement markings.
The following parking requirements shall apply to Industrial
Districts:
1.
Adequate off-street parking must be provided on the premises to service
all parking demand created by new construction, whether through new
structures or through additions to existing ones, or by change of
use creating higher parking demands.
2.
In applying for building or occupancy permits, the applicant must
demonstrate that the minimum parking requirements set forth below
shall be met for the new demand without counting existing parking.
3.
Only one driveway or entranceway will be permitted in any 150 feet
of frontage unless the frontage is less, in which case, only a driveway
or entrance way to the property will be permitted.
4.
Each parking area shall contain no more than 240 parking spaces.
5.
There shall be no more than 30 parking spaces in any uninterrupted
row.
6.
Each parking area shall be enclosed (except for access points) by
a landscaped buffer not less than 12 feet wide, planted with shade
trees.
7.
Each parking area shall have interior landscaping areas, primarily
planted with trees, equivalent in size to 5 percent of the parking
area's total pavement area.
8.
The size of a parking space may be reduced to a compact car space
as presented in Appendix A, Table 4, for those spaces serving all-day
parkers. Uses that generate frequent parking space turnover shall
be required to have the standard size parking spaces.
In the Industrial Districts, the Planning Board may grant a
special permit to reduce the number of parking spaces required by
Appendix A, Table 3 upon finding that special circumstances render
a lesser number of spaces adequate for all parking needs. To qualify
for a special permit, the petitioner must present a site plan showing
that all parking spaces needed to meet the requirements of Appendix
A, Table 3 could be built on the site. The spaces to be waived shall
be marked "Reserve Parking Area(s)" on the plan, which shall be kept
on file with a copy of the Planning Board's special permit decision.
The reserve parking area(s) shall be maintained as landscaped areas
unless and until the Planning Board requires construction of additional
parking spaces. No improvement other than parking spaces will ever
be allowed in this area. In the ID2 District, the Planning Board may
grant a special permit to reduce the number of parking spaces required
by Appendix A, Table 3 upon finding that special circumstances, such
as shared or remote parking opportunities as defined in Section 5.1.12,
render a lesser number of spaces adequate for all parking needs.
In the General Business and Mixed Use Districts, where alternative
access locations are feasible, parking lot driveways shall not provide
access onto Main Street unless the Planning Board grants a special
permit upon determining that access onto Main Street is dictated by
consideration of safety, congestion, or conflict with other premises.
In the General Business District, the design of a parking lot
may differ from the requirements of Appendix A, Table 4 if granted
a special permit by the Planning Board, provided that such design
satisfies the objectives of Section 5.1. and the design is prepared
by a professional engineer or landscape architect.
In the General Business District, the provision of off-street
parking spaces required by Appendix A, Table 3 may be changed if the
Planning Board grants a special permit in accordance with the following
provisions:
1.
Shared Private Parking Facilities. Shared private
parking facilities for different buildings or uses may be allowed
by special permit subject to the following provisions:
a.
Up to 50 percent of the parking spaces serving a building may
be used jointly for other uses not normally open, used, or operated
during similar hours. The applicant must show that the peak parking
demand and principal operating hours for each use are suitable for
a common parking facility.
b.
A written common parking facility agreement defining the joint
use acceptable to the Planning Board shall be executed by all parties
concerned and approved by the Planning Board as part of the special
permit process. The agreement shall be recorded with the Northern
Essex Registry of Deeds; and
c.
Any subsequent change in land uses for which the shared parking
proposal was approved, and that results in the need for additional
parking spaces, shall require a new special permit application under
this subsection.
2.
Remote (Satellite) Parking Areas. The Planning
Board may grant a special permit for remote (satellite) parking areas,
subject to the following provisions:
a.
The satellite parking spaces will be used solely by the employees
and, where practicable, clientele of the commercial use; and
b.
The off-site parking spaces shall be located to adequately serve
the proposed use and shall be within 600 feet of the building served
for clientele of the commercial use. Off-site parking for employees
of the business may be located within 1,200 feet unless shuttle vehicle
arrangements are provided as a condition of the special permit. The
parking distance shall be measured by the shortest route of pedestrian
access, entrance to entrance.
3.
Pedestrian Access. Any proposals submitted
under this section which, in the opinion of the Planning Board, provide
direct and vital pedestrian access to other abutting commercial properties
and serve to improve pedestrian accessibility may reduce the number
of parking spaces required by 15 percent. Pedestrian access shall
be provided through improved pathways, stairway access or other physical
improvements, and shall be clearly marked.
4.
Joint Driveways. Joint driveways shall be permitted
by special permit, subject to the following provisions:
a.
Joint driveways, for the purposes of Section 5.1 shall be regulated
by a binding agreement satisfactory in form to Town Counsel and recorded
with the Northern Essex Registry of Deeds;
b.
Joint driveways shall serve no more than two lots and shall
be designed to provide access to another parking area or may straddle
two lots if both lots are located in the General Business District;
and
c.
Joint driveways shall be designed to minimize conflict with
traffic on streets and with due regard to interior circulation and
separation of pedestrian and vehicular traffic.
5.
Special Permit Decision. Remote parking lots,
shared parking lots, or any enforceable alternatives that the Planning
Board deems reasonable may be allowed based on the following criteria
and other applicable provisions presented in this subsection:
a.
The capacity, location, and current level of use of existing
parking facilities, both public and private;
b.
The efficient and maximum use of the General Business District
in terms of parking needs and services provided;
c.
The relief of traffic and parking congestion;
d.
The safety of pedestrians;
e.
The provision of reasonable access either by walking distance
or shuttle vehicle arrangements; and
f.
The maintenance of the character of the area.
For the creation of new multifamily dwellings, family dwelling
units, or the conversion to two-family or multifamily dwellings in
the SRA District, all parking spaces shall be located in a side yard,
rear yard, or garage. Only driveways may be located in the front yard.
(Single-family houses are excluded from this regulation.)
The following sign regulations are intended to:
1.
Preserve the historical ambiance, small-town character, and aesthetic
appeal of the town;
2.
Preserve views of greenery and landscapes;
3.
Maintain public safety by eliminating potential hazards to motorists
and pedestrians;
4.
Preserve the value of private and public property; and
5.
Preserve the non-commercial character of residential neighborhoods.
The following sign bylaws are crafted to be compatible with
the 2015 decision of the Supreme Court in the case of Clyde Reed v.
Town of Gilbert, Arizona and are intended to avoid constitutionally
suspect regulations related to time limits on legal signs on private
property. The Reed decision stated that content-based sign bylaws
must withstand strict scrutiny. That is, the government must have
a compelling reason to regulate speech based on content.
For definitions of terms used in this Section 5.2, see Section
10, Sign and Associated Definitions.
1.
Exemptions. The following signs are exempt from the provisions of
this Bylaw:
a.
Flags and insignia of any government, except when they are displayed
in connection with the advertising or promotion of a commercial product
or service;
b.
Legal notices or informational devices erected or required by
public agencies;
c.
Signs affixed to a pump from which motor fuel is sold at retail
that are required by G.L. c. 94, Section 295C or 202 CMR 2.06;
d.
Integral decorative or architectural features of buildings,
except for lettering, trademarks, moving parts or parts internally
illuminated or decorated with gaseous tube or other lights;
e.
On-premises signs intended to guide and direct traffic and parking,
not exceeding two square feet in area and four feet in height and
bearing no elements, as described in the definition of Sign in Section
10, that are not necessary to guide and direct traffic and parking,
and having no internal illumination;
f.
On valances of awnings or similar devices, lettering, symbols,
or graphic elements not exceeding six inches in height and not exceeding
75 percent of the height of the valance;
g.
On awnings or similar devices, one symbol or graphic element,
without text, not exceeding five square feet per awning; and
h.
Signs located on facilities or land under the care and control
of the Massachusetts Bay Transportation Authority.
2.
Maintenance. All signs shall be maintained in a safe and neat condition
to the satisfaction of the Building Department and in accordance with
the Commonwealth of the Massachusetts State Building Code, 780 CMR.
3.
Nonconforming Signs.
a.
Any nonconforming sign and/or support structure, legally permitted
and erected prior to the adoption of this provision, or any amendments
thereto, which remains un-altered in any way, may be continued and
maintained.
b.
Nonconforming signs shall not be enlarged, rebuilt, restored,
or altered except in conformity with this Bylaw.
c.
Any sign which has been destroyed or damaged to the extent that
the cost of repair or restoration will exceed 1/3 of the replacement
value as of the date of such damage or destruction shall not be repaired,
rebuilt, restored, or altered except in conformity with this Bylaw.
4.
Liability. No sign shall project more than five feet over any public
right-of-way or other public property. Any sign projecting over a
public right-of-way shall be covered by liability insurance in the
amount of $2,000,000 as verified by a certificate of insurance filed
with the Town Clerk. The Town of Andover shall be named as additional
insured on all such certificates.
Unless specifically exempted or provided for elsewhere in this
section, no sign shall be installed, erected, enlarged, redesigned,
or structurally altered without a sign permit issued by the Building
Department.
1.
Application and Review.
a.
Sign Permit Application: A completed sign permit application,
fulfilling all requirements for requested materials and documents
and specifying all pertinent dimensions and materials, shall be submitted
to the Building Department prior to the installation or alteration
of any sign for which a permit is required.
b.
Review by the Design Review Board: Prior to the issuance of
a sign permit, the Design Review Board (DRB) shall, within 30 days
of submission of an application for a sign permit, review an application
for: (a) a municipal sign in any district; and (b) a sign greater
than four square feet in the General Business (GB) and Mixed Use (MU)
Districts. Applications for review by the Design Review Board shall
be submitted on a standard application form specified by the DRB.
See § 5.2.14, Design Guidelines for Signs.
2.
Criteria for a Special Permit. When acting on an application for
a special permit, the Zoning Board of Appeals shall consider the following:
a.
The character of the proposed sign and its suitability to the
building and the surrounding neighborhood;
b.
Its relationship to the architectural style, size, and scale
of the building;
c.
The impact of the size and illumination of the sign on other
establishments and the surrounding neighborhood; and
d.
The criteria specified in § 9.6.4 of this Bylaw, and
such other factors as the Zoning Board of Appeals deems appropriate
in order to assure that the public interest is protected.
1.
No sign shall be lighted, except by a steady external and stationary
light source which is shielded and directed solely at the sign, unless
specifically provided for in this Bylaw.
2.
No illumination shall be permitted which casts glare onto any residential
premises or onto any portion of a way so as to create a traffic hazard.
3.
No signs shall be illuminated in any residential district, or within
200 feet of a residential district, between the hours of 9:00 p.m.
and 7:00 a.m., unless the establishment is open to the public.
4.
No sign shall be illuminated by any color other than colorless or
white light, except for temporary holiday lighting.
5.
No animated, revolving, flashing, backlit, exposed neon or similar
exposed gaseous tube illuminated signs shall be permitted.
6.
No signs shall be attached to motor vehicles, trailers, or other
movable objects regularly or recurrently located for fixed display.
7.
Visibility for motorists and pedestrians shall not be obstructed
at any intersection, driveway, or crosswalk. See also Article VIII,
§ 4.1.3.2.g.
8.
No portable or removable sign shall be allowed in any zoning district
except as permitted under § 5.2.6.
9.
No attached exterior sign shall cover any portion of a window or
door casing.
10.
No signs shall be allowed on the uppermost roof of any building.
11.
No portion of a sign shall extend above the highest point of
the roof or parapet of the building to which it is attached.
12.
No commercial sign is allowed in zoning districts SRA, SRB,
SRC and APT unless the sign pertains to an allowed commercial activity
relating to or occurring on the property.
The following signs are allowed in addition to the signs allowed
in other sections of these bylaws and not otherwise prohibited.
1.
Limitations.
a.
A sign allowed by Section 5.2.5.2.a may be lighted or illuminated.
No other sign allowed in Section 5.2.5 shall be lighted or illuminated.
b.
A projecting sign always requires a permit.
c.
No sign allowed in Section 5.2.5
may be erected on premises occupied by a business or organization
until a sign permit has been issued for at least one other sign on
the premises, except in the following cases:
i.
Signs allowed by Section 5.2.5.2.a, Section 5.2.5.2.b and Section
5.2.5.2.c may always be erected.
ii.
When a building, or of a unit of a building, in which a business
or organization may operate is unoccupied, signs allowed in Section
5.2.5 may be erected.
iii.
When land is undeveloped, signs allowed in Section
5.2.5 may be erected.
iv.
When a residence contains a customary home occupation, signs
allowed in Section 5.2.5 may be erected.
2.
Signs allowed without a permit in all zoning districts.
a.
One sign, either attached or freestanding, does not require
a sign permit if it does not exceed two square feet in area.
b.
Open Space signs. A sign on open space or other undeveloped
property open to the public, requires no sign permit if the sign is
less than 35 square feet in area. For purposes of this Section 5.2.,
open space shall mean undeveloped land available to the public at
no cost, for passive recreation such as hiking, bird watching, fishing,
photography, picnicking, cross country skiing, biking, horseback riding,
or other activities which do not alter or disturb the terrain and
at the same time to conserve natural and scenic resources, protect
air, streams or water supply, and enhance the value of the land to
the public.
c.
Interior signs that do not exceed 30 percent of the transparent
area of the window and/or door on which they are affixed or displayed
do not require a sign permit.
d.
One or more exterior signs not exceeding 15 square feet in aggregate
area do not require sign permits. Each residential unit in multiple-family
residences and each unit in multiple-unit nonresidential properties
may erect such signs. No additional signs are allowed beyond the 15
square feet in aggregate area because of the existence of a customary
home occupation at a residence.
e.
One exterior sign per property
does not require a sign permit if it meets the following conditions:
3.
Signs allowed without a permit only in zoning districts SRA, SRB
and SRC. One exterior sign per property does not require a permit
if it meets the following conditions:
The Building Department may issue a permit for the placement
of a portable or removable sign in any zoning district, subject to
the following conditions:
1.
The sign shall be securely anchored so as not to be dislodged or
blow over.
2.
The sign must be placed along a street, road, or parking lot on which
the property has frontage and only one sign is allowed per tenant
on each street, road, or parking lot.
3.
The sign shall have an area not to exceed six square feet and a height
not to exceed four feet.
4.
The sign shall not obstruct a public or private walkway.
1.
Single Family Residential Districts (SRA), (SRB), and (SRC). In addition
to the signs allowed in § 5.2.5 and § 5.2.6, the
following signs are allowed:
a.
One sign, either attached or freestanding, does not require
a sign permit and shall not exceed two square feet in area.
b.
Any sign, either attached or freestanding, that exceeds two
square feet in area may be allowed by special permit from the Zoning
Board of Appeals. In no case, however, shall the sign area exceed
six square feet or the sign height exceed four feet.
2.
Apartment Districts (APT). In addition to the signs allowed in § 5.2.5
and § 5.2.6, the following signs are allowed:
a.
One freestanding sign on each street on which the complex has
street frontage, provided that the frontage also provides vehicular
or pedestrian access to the complex. The sign area shall not exceed
15 square feet and the sign height shall not exceed eight feet.
In addition to the signs allowed in § 5.2.5 and § 5.2.6,
the following signs are allowed for commercial or business uses:
1.
One attached sign shall be allowed, oriented to each street and parking
lot on which the commercial or business use has a facade, providing
that such facade has either a window or a direct entryway into the
use's space.
a.
The sign may be either attached flat against the wall or placed
on an awning or fixed canopy of the building.
b.
No portion of the sign shall extend above the highest point
of the roof or parapet of the building to which it is attached.
c.
The sign area of a flat attached sign for any individual commercial
or business use shall not exceed 15 percent of the portion of the
facade associated with that use.
d.
Flat attached signs oriented to the street shall not exceed
50 square feet in area.
e.
Flat attached signs oriented to a parking lot shall not exceed
25 square feet in area unless they mark the primary entrance to a
building or establishment, in which case the sign area shall not exceed
50 square feet.
f.
Attached signs displayed on the body of awnings or canopies
shall not exceed 20 percent of the area of the awning or canopy, and
in no case shall they exceed 25 square feet.
2.
In addition to the above, each building that is set back a minimum
of five feet from the property line may install one freestanding sign,
with a sign area not to exceed 12 square feet and a sign height not
to exceed six feet above ground level.
3.
In addition to the above, each commercial or business use may install
one projecting sign on each facade providing that such facade has
either a window or a direct entryway into the use's space, subject
to the following conditions:
a.
The sign area shall not exceed nine square feet, excluding sign
support structure.
b.
The bottom of a projecting sign shall be at least eight feet
above the ground, and the top of the sign shall be no more than 25
feet from the ground.
c.
No sign shall project more than five feet from the facade to
which it is attached.
d.
A larger sign may be allowed by special permit from the Zoning
Board of Appeals; in no case, however, shall the sign area exceed
15 square feet.
4.
A building occupied by multiple commercial or business uses may install
a single sign, either attached to or projecting from the building.
The total area of the sign shall not exceed one square foot per occupant.
5.
Unlighted graphics, lettering, or symbols with transparent background
mounted on the inside of windows or transparent entry doors shall
require no sign permit if their area does not exceed 30 percent of
the glass or transparent area.
In addition to the signs allowed in § 5.2.5 and § 5.2.6,
the following signs are allowed:
1.
One attached sign shall be allowed, oriented to each street and parking
lot on which the commercial or business use has a facade, providing
that such facade has either a window or a direct entryway into the
use's space.
a.
The sign may be either attached flat against the wall or placed
on an awning or fixed canopy of the building.
b.
No portion of the sign shall extend above the highest point
of the roof or parapet of the building to which it is attached.
c.
The sign area of a flat attached sign for any individual commercial
or business use shall not exceed 10 percent of the portion of the
facade associated with that use and in no case shall the sign area
exceed 80 square feet.
d.
Attached signs displayed on the body of awnings or canopies
shall not exceed 20 percent of the area of the awning or canopy, and
in no case shall they exceed 25 square feet.
2.
In addition to the above, each building that is set back a minimum
of five feet from the property line may install one freestanding sign,
with a sign area not to exceed 25 square feet and a sign height not
to exceed eight feet above ground level.
3.
In addition to the above, each commercial or business use may install
one projecting sign on each facade of the building, subject to the
following conditions:
a.
The facade shall have either a window or a direct entryway to
the premises.
b.
The sign area shall not exceed nine square feet, excluding any
sign support structure.
c.
No sign shall project more than five feet from the facade to
which it is attached. The bottom of a projecting sign shall be at
least eight feet above the ground, and the top of the sign shall be
no more than 25 feet from the ground.
d.
A larger sign may be allowed by special permit from the Zoning
Board of Appeals; in no case, however, shall the sign area exceed
15 square feet.
4.
A building occupied by multiple commercial or business uses may install
a single sign, either attached to or projecting from the building.
The total area of the sign shall not exceed one square foot per occupant.
5.
Unlighted graphics, lettering or symbols with transparent background
mounted on the inside of windows or transparent entry doors shall
require no sign permit if their area does not exceed 30 percent of
the glass or transparent area.
In addition to the signs allowed in § 5.2.5 and § 5.2.6,
the following signs are allowed:
1.
One freestanding sign shall be allowed for each street upon
which a building or complex has frontage, subject to the following
conditions:
a.
The sign area shall not exceed 25 square feet and the sign height
shall not exceed eight feet.
b.
The Zoning Board of Appeals may grant, subject to the criteria
of § 5.2.3.2, a special permit for a larger sign if required
for legibility, up to 16 feet in height, if the property fronts on
a high-speed, limited access highway.
2.
In addition to the above, one attached sign for each street
upon which a building or complex has frontage. The sign may be either
attached flat against the wall or placed on an awning or fixed canopy
of the building. No portion of the sign shall extend above the highest
point of the roof or parapet of the building to which it is attached.
The sign area of a flat attached sign shall not exceed 25 square feet.
Attached signs displayed on the body of awnings or canopies shall
not exceed 20 percent of the area of the awning or canopy, and in
no case shall they exceed 25 square feet.
3.
In addition to the above, each business or tenant shall be limited
to one sign (attached or projecting) for each street and parking lot
on which the business or tenant has an entryway. The sign area shall
not exceed three square feet.
4.
The Zoning Board of Appeals may grant, subject to the criteria
of § 5.2.3.2, a special permit for a second sign on a building
facing a limited access, high-speed highway.
In addition to the signs allowed in § 5.2.5 and § 5.2.6,
the following signs are allowed:
1.
One sign attached flat against the wall or placed on an awning
or fixed canopy of the building, subject to the following conditions:
a.
The sign area of a flat attached sign shall not exceed 20 percent
of the area of the side of the building to which it is attached, or
80 square feet, whichever is less. Attached signs displayed on the
body of awnings or canopies shall not exceed 20 percent of the area
of the awning or canopy, and in no case shall they exceed 25 square
feet.
b.
No portion of the sign shall extend above the highest point
of the roof or parapet of the building to which it is attached.
2.
In addition to the above, one freestanding sign for each street
on which the property fronts, subject to the following conditions:
3.
The Zoning Board of Appeals may grant, subject to the criteria
of § 5.2.3.2, a special permit for a larger or an internally
illuminated sign.
In addition to the signs allowed in § 5.2.5 and § 5.2.6,
the following signs are allowed:
1.
One or more signs attached flat against the wall or placed on
an awning or fixed canopy of a building, subject to the following
conditions:
a.
The total area of all such signs on a building shall not exceed
20 percent of the area of the side of the building to which they are
attached, or 200 square feet, whichever is less. Attached signs displayed
on the body of awnings or canopies shall not exceed 20 percent of
the area of the awning or canopy, and in no case shall they exceed
25 square feet.
b.
No portion of the sign shall extend above the highest point
of the roof or parapet of the building to which it is attached.
2.
One freestanding sign for each street on which the property
fronts, subject to the following conditions:
3.
Internally illuminated signs are allowed.
In addition to the signs allowed in § 5.2.5 and § 5.2.6,
the following signs are allowed:
1.
One or more signs attached flat against the wall or placed on
an awning or fixed canopy of a building, subject to the following
conditions:
a.
The total area of all such signs on a building shall not exceed
10 percent of the area of the side of the building to which they are
attached, or 200 square feet, whichever is less. Attached signs displayed
on the body of awnings or canopies shall not exceed 20 percent of
the area of the awning or canopy, and in no case shall they exceed
25 square feet.
b.
No portion of the sign shall extend above the highest point
of the roof or parapet of the building to which it is attached.
2.
In addition to the above, one freestanding sign for each street
on which the property fronts, subject to the following conditions:
3.
Internally illuminated signs are allowed.
The following are further means by which the objectives for
signs stated in Section 5.2.1 can be served. These guidelines are
not mandatory, but the degree of compliance with them shall be considered
by the Special Permit Granting Authority in acting upon special permits,
and by the Design Review Board as authorized hereunder.
1.
Efficient Communication.
2.
Environmental Relationship. Sign brightness should not be excessive
in relation to background lighting levels, e.g., averaging not in
excess of one-hundred-foot-lamberts in the downtown or similarly bright
areas and not in excess of twenty-foot-lamberts in unlighted outlying
areas.
3.
Relationship to Buildings.
a.
Signs should be sized and located so as to not interrupt, obscure
or hide the continuity of columns, cornices, eaves, sill lines, or
other architectural elements of the building and, wherever possible,
should reflect and emphasize the building's architectural form.
b.
Sign materials, colors, and lettering should be representative
of and appropriate to the character of the building to which the sign
relates, just as sign size should be related to building size.
In the Office Park District, landscaping shall be provided and
maintained in accordance with planting approved by the Planning Board
and incorporated as part of the plans on which the special permit
of the Zoning Board of Appeals is based.
In the Industrial Districts, landscaping shall be provided and
maintained in front yards and in side yards abutting public ways for
aesthetic reasons to break up lines of buildings, in parking areas
(as per Section 5.1.8), and for screening accessory facilities under
the requirements discussed below.
1.
Specifically, in Industrial Districts IA and ID, landscape screening
shall be provided adjacent to:
2.
Landscape screening shall consist of plantings, including evergreens,
of sufficient height and depth to screen from view from abutting area
any unshielded light source, either inside or outside a building,
or to screen parking lots, tanks, loading bays, outdoor storage and
work areas, and similar accessory operations or facilities not hidden
by building. Fences or walls may be included in the screening where
deemed necessary but shall not be a substitute for landscaping or
left unscreened from abutting areas. The adequacy of the screening
and landscaping shall be approved by the Building Commissioner on
the advice of the Planning Board and shown on planting plans that
shall be incorporated in the Building Department records. In cases
requiring a special permit, these plans shall also be incorporated
as part of the findings of the Zoning Board of Appeals.
In the General Business District and Mixed Use District, all
lots in use other than solely as single-family residential shall meet
the following standards:
1.
A buffer area shall be provided for screening purposes along the
entire length of each property line (excluding driveway access points)
that abuts either a lot zoned Single Residence A, B or C or a lot
that contains a residential use, regardless of the district in which
the lot is located. The following standards shall apply:
b.
If a landscaped treatment is selected, minimum requirements
are plantings of evergreen shrubs measuring at least four feet high
at time of planting and which may be expected to form a six-foot high
screen within three years, the entire length of the buffer area to
be 80 percent or more opaque when viewed horizontally.
c.
If a fencing treatment is selected, minimum requirements are
a solid fence six feet in height with 20 percent or more of the fence
face planted with evergreens, such screening to be compatible with
the character of the neighborhood.
2.
Where landscaped areas abut parking areas or driveways, the landscaped
areas shall be protected from vehicular encroachment by curbs or berms.
3.
The owner of the property shall be responsible for the proper maintenance
and replacement of all landscape materials. All fences shall be maintained
in a safe condition. Planted screening shall be maintained, and dead
portions of any natural screening shall be promptly replaced.
In the Limited Service District, landscape screening shall be
provided and maintained as required in Section 5.3.2 of this Bylaw.
Parking areas shall be enclosed (except for access points) by a landscaped
buffer not less than 12 feet wide, planted with shade trees. Each
parking area shall have interior landscaping areas, primarily planted
with trees, equivalent in size to 5 percent of that parking area's
total pavement area.
Where exterior lighting is installed on a lot, it shall be designed
and installed so as to prevent glare or overspill from the light source
onto adjacent property or into any public way.
