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Purpose and Intent.
[Added 10-21-2013 ATM by Art. 15; amended 10-18-2021 ATM by Art. 23] | |
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In order to minimize traffic congestion, air pollution, and
the risk of motor vehicle and pedestrian accidents, as well as to
promote other elements of sound community planning, off-street parking,
loading spaces, circulation, and access shall be required and designed
as appropriate to protect or enhance the desired character of a given
zoning district. It is further the intent of this bylaw to:
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1.
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Ensure there are adequate parking and loading facilities to
serve the use or uses of the property;
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2.
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Ensure that parking facilities are designed to provide proper
circulation, reduce hazards to pedestrians, and protect the users
of adjoining properties from nuisance caused by the noise, fumes,
and glare of headlights which may result from the operation of vehicles
parking off the street;
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3.
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Reduce congestion in the streets and contribute to traffic safety;
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4.
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Encourage alternate modes of travel that will reduce dependence
upon the single-occupancy automobile; and
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5.
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Reduce impervious surfaces and stormwater runoff through sustainable
design and encourage use of low impact development (LID) or green
infrastructure.
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[Amended 10-21-1999 ATM by Art. 29; 10-21-2013 ATM by Art. 15]
A.Â
Applicability. Adequate off-street parking must be provided to service
all parking demand created by new structures, additions to existing
structures or changes of use. Existing buildings and uses need not
comply unless expanded or otherwise changed to increase their parking
needs.
(1)Â
Additions.
(a)Â
A building or site may be renovated or repaired without providing
additional parking, provided there is no increase in gross floor area
or improved site area and the use does not change.
(b)Â
When a building, use or site is increased in gross floor area
or improved site area, additional parking is only required for the
additional gross floor or site area.
(2)Â
Change in use.
(a)Â
A change in use must comply with the parking requirements unless
the new use has the same or a lower parking demand than the previous
use.
(b)Â
Where required parking spaces for the new use exceed the required
parking spaces for the existing use, additional parking is only required
for the difference between the current parking spaces required and
the parking spaces required for the new use.
B.Â
Meeting parking demand. In applying for building or occupancy permits,
the applicant must demonstrate that the minimum parking requirements
set forth below will be met for the new demand without counting existing
parking necessary for preexisting remaining uses.
C.Â
Shared parking. Common parking areas may be permitted for the purpose
of servicing two or more principal uses on the same or separate lots,
provided that:
(1)Â
Proximity. Evidence is submitted that safe and accessible parking
is available within 500 feet of the premises, which lot satisfies
the requirements of this chapter and has excess capacity during all
or part of the day, which excess capacity shall be demonstrated by
a competent parking survey conducted by a traffic engineer registered
in the Commonwealth of Massachusetts.
(2)Â
Legal agreement. A contract, agreement or suitable legal instrument
acceptable to the Planning Board and Chelmsford's Town Counsel shall
be filed with the application for a building permit, occupancy permit
or special permit for exception which shall specify the location of
all spaces to be jointly used, the number of such spaces, the hours
during the day that such parking shall be available and the duration
or limit, if any, on such parking.
(3)Â
Parking reserve. Any reduction in area required for parking because
of these joint use provisions may be required by the Planning Board
to be reserved in landscaped open space. Such area shall be computed
at the rate of 300 square feet per parking space and verified with
an engineered site plan.
(4)Â
Discontinuation. Nothing in this section shall relieve the owner
from providing parking facilities in accordance with this chapter
if subsequently the joint use of parking facilities shall terminate.
In such cases, the owner shall return to the Planning Board to provide
an alternative joint agreement or another method of relief acceptable
to the Board.
D.Â
Parking reduction method. The requirements set forth in this article
may be reduced by special permit issued by the Planning Board upon
a finding that such reduction will not detract from the purpose and
intent of this article.
[Amended 10-21-1999 ATM by Arts. 28 and 29; 10-16-2006 ATM by Art. 19; 10-21-2013 ATM by Art. 15]
A.Â
Minimum
parking requirements. For the purpose of computing the parking requirements
of different uses, the number of spaces required shall be the largest
whole number obtained after increasing all fractions upwards to one.
Employees shall include the largest number of owners, managers, full-
and part-time workers and volunteers that may be normally expected
on the premises during any single shift or portion thereof. The number
of seats in benches, pews or other continuous seating arrangements
shall be calculated at 20 inches for each seat. The following minimum
parking requirements shall apply to uses as listed below:
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Use
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Number of Spaces
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Stores, retail business and services
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1 space per 200 square feet of net floor area
or a minimum of at least 3 spaces per establishment
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Banks, libraries and post offices
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1 space per 100 square feet of floor area devoted
to public use, plus 1 space per employee
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Bowling alleys
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4 spaces for each alley
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Business and professional offices, office buildings
and offices of a wholesale establishment, including sales space
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1 space per 200 square feet of net floor area
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Medical and dental offices and clinics
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1 space per 200 square feet of net floor area
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Restaurants, lounges and function rooms
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1 space per employee on the largest shift and
1 space per 2.5 seats based on the maximum rated legal seating capacity
of the facility
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Fast-food establishments
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1 space per 50 square feet of net floor area
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Adult entertainment establishments
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1 space per employee on the largest shift and
1 space for each 1.25 persons allowed for said establishment's seating
capacity
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Theaters, funeral homes and places of assembly
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1 space for each 4 seats or for each 50 square
feet of assembly area, whichever is greater
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Hotels, motels and tourist homes
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1 space per guest room, plus 1 space per employee,
plus a number of spaces as required elsewhere herein for restaurants,
assembly halls, function rooms, shops and similar functions if occurring
on the premises
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Nonfamily accommodations
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1 space per 2 persons accommodated
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Nursing and convalescent homes
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1 space for each 3 beds, plus 1 space for each
employee serving on the shift having the greatest number of employees,
plus 1 space for each visiting staff
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Clubs, lodges and association buildings
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1 space per 3 memberships
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Lumber and building material yards, nurseries
and outdoor sales
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1 space per 200 square feet of net floor area
and 1 space per 1,000 square feet of outdoor or bulk sales area
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Manufacturing, truck terminals, wholesale establishments,
public utility buildings other than their business office, warehouses
and similar uses not normally visited by the general public
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1 space per 500 feet of net floor area; provided,
however, that the Inspector of Buildings may waive the actual construction
of said space to no less than 1 space per 1.4 employees, plus 1 space
for each vehicle used in the operation upon issuance of a building
permit or occupancy permit
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Facilitated living facilities
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1 space for each employee on the shift having
the greatest number of employees, plus 1 space for each visiting staff
person; when on-site parking for the facility's residents is permitted,
the parking requirement is 8/10 space per room; when on-site parking
for the facility's residents is not permitted, the parking requirement
is 1 space for each 3 beds; the site must support the potential for
meeting the parking requirement for business and professional offices
in the event of a building conversion and shall be shown on the site
plan as potential future parking
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Single-family and two-family dwellings
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2 spaces per dwelling unit for units with 2
or more bedrooms
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Multifamily dwellings
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1 space per dwelling unit for 1 bedroom; 2 spaces
per dwelling unit for units with 2 or more, plus 1 space per every
3 units or fraction thereof
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Home occupations
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In addition to the spaces required for the dwelling,
1 space for the nonresident employee
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Accessory residential use in the CV District
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1 space per unit
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Child/day care
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1 space per 4 students, plus 1 space per employee
on the largest shift, plus a dedicated drop-off zone adequate to accommodate
a minimum of 5 automobiles
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Self-storage mini-warehouse
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A minimum of 3 spaces per facility, plus 1 space
per 100 storage units
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Any other nonresidential use or any use involving
a combination of functions similar to or listed herein
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A number of spaces as determined by the Inspector
of Buildings by application of the ratios above
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[Amended 10-21-2013 ATM by Art. 15]
A.Â
Base parking reduction methods. The requirements of § 195-17 may be reduced up to a maximum of 25% with a special permit from the Planning Board if a property owner can demonstrate to the satisfaction of the Board that the required number of spaces will not be needed for the proposed use and that fewer spaces meet all parking needs. Such cases might include:
(1)Â
Use of a shared/common parking lot for separate uses having peak
demands occurring at different times.
(2)Â
Age or other characteristics of occupants which reduce their auto
usage.
(3)Â
Peculiarities of the use that make usual measures of demand invalid.
(4)Â
The area necessary for the reduced spaces is available on the lot.
(5)Â
If the use is located adjacent to a public right-of-way where striped
on-street parking is available, the Board may allow the reduction
of one off-street parking space required for each 20 linear feet of
abutting right-of-way where on-street parking is located.
(6)Â
If an off-street public parking lot of 20 spaces or more exists within
300 feet of the principal land use, on-site parking may be reduced
by an amount determined by the Planning Board, taking into consideration
other users of the lot.
(7)Â
If a private off-street parking lot with sufficient space for long-term parking (such as employees) is within a seven-hundred-foot walking distance of the principal land use, on-site parking may be reduced by an amount determined by the Planning Board. The off-site parking must be secured by a legal agreement per § 195-16C(2) above and the applicant must demonstrate that adequate parking for all of the uses sharing the parking facility exist.
(8)Â
Proximity to public transportation where it can be demonstrated to
the Planning Board that consistent ridership results in less demand
for on-site parking at the principal use.
(9)Â
Other transportation mitigation programs (TMP) such as car-sharing,
carpooling, shuttle service, on-site bicycle commuter services, or
other programs. A TMP plan must be submitted to the Planning Board
and clearly demonstrate that the programs result in permanent reduction
in the need for on-site parking.
B.Â
Additional parking reduction methods. In addition to the parking reduction methods in Subsection A(1) through (9) above, required parking in § 195-17 may be reduced up to a maximum of 50% with a special permit from the Planning Board if one or more of the following methods is utilized for reducing the required number of parking spaces.
(1)Â
Payment to public parking fund. In lieu of providing the total minimum
on-site parking required, the Planning Board may accept a one-time
payment per required parking space for all or a portion of required
on-site parking that would be committed to a fund for the construction
of public parking in the district. The Planning Board shall establish
the amount of payment required per parking space.
(2)Â
Public parking reserve. In lieu of providing the total minimum on-site
parking required, the Planning Board may accept a permanent easement
on the property for the purposes of constructing public parking for
all or a portion of required on-site parking spaces. The reserve easement
shall be subject to review and approval by the Planning Board.
(3)Â
Traffic circulation and pedestrian safety improvement incentives.
On-site parking requirements may be reduced if one or more of the
following pedestrian safety improvements are made on site:
(a)Â
Permanently eliminates and/or significantly reduces the width
of existing curb cuts in a manner that improves the pedestrian safety
and access control on a primary public street; or
(b)Â
Provides a perpetual agreement for one or more driveway consolidations
or interconnections that will alleviate traffic on a primary street
and facilitates shared use of off-street parking; or
(c)Â
An internal sidewalk is provided with connections to the primary
use entrance, on-site parking area, the adjacent public sidewalk,
and adjacent uses (where appropriate).
(d)Â
Public access through a permanent easement is provided to the
Bruce Freeman Trail or the Beaver Brook and bike racks to accommodate
at least two bicycles per eliminated parking space.
 Label A on the diagram illustrated an internal pedestrian connection
between the public sidewalk, main building entrance and on-site parking
area.
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C.Â
Special permit criteria for reducing required parking spaces. Per § 195-18, the Planning Board may authorize a decrease in the required number of off-street parking spaces that will not create undue congestion, traffic hazards, or a substantial detriment to the business district or neighborhood, and does not derogate from the intent and purpose of this bylaw, subject to the following criteria:
(1)Â
Placed into reserve (landbanked).
(a)Â
The reduction of on-site parking spaces shall not be used for
building area except by special permit from the Planning Board. The
Planning Board may require an area of 300 square feet per each waived
parking space be labeled as "Reserve Parking" on the site plan.
(b)Â
The reserve parking spaces shall be properly designed, and verified
with an engineered site plan, as an integral part of the overall parking
development, and in no case shall any reserve parking spaces be located
within areas counted as yard setbacks.
(c)Â
If, after one year from the date of issuance of a certificate
of occupancy, the Building Inspector and/or Planning Board find that
all or any of the reserve spaces are needed, the Planning Board may
require that all or any portion of the spaces identified as reserve
parking on the site plan be constructed within a reasonable time period,
as specified in writing by the Planning Board following a public meeting
with the owner of the property. Notice of the public meeting shall
be by publication in a newspaper of general circulation in accordance
with M.G.L. c. 40A, Section 11.
(2)Â
Waived.
(a)Â
The Board may determine that all or a portion of the parking
spaces are not needed and therefore not placed into reserve.
(3)Â
Combination of reserve and waived.
[Amended 10-21-1999 ATM by Art. 29; 10-15-2012 ATM by Art. 18]
The area of the parking lot shall be determined
by the following table:
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Angle
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Stall and Aisle Dimensions
(feet)
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|---|---|---|---|---|---|---|---|
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X
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B
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C
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D
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E
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F
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G
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I
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30
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9.0
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17.3
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11.0
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26.8
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18.0
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4.5
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16.4
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45
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9.0
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19.8
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13.0
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33.2
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12.8
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6.4
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13.4
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60
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9.0
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21.0
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18.0
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37.4
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10.5
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7.8
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9.5
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70
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9.0
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20.9
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19.0
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38.8
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9.6
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8.5
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6.5
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80
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9.0
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20.3
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24.0
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39.0
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9.1
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8.8
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3.3
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90
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9.0
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19.0
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24.0
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38.0
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9.0
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9.0
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0.0
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All buildings requiring the delivery of goods,
supplies or materials or shipments of the same shall have bays and
suitable maneuvering space for off-street loading of vehicles in accordance
with the following:
A.Â
Retail stores and services. For each establishment
with a net floor area from 5,000 to 8,000 square feet, at least one
berth shall be provided. Additional space is required at the rate
of one berth per 8,000 square feet or nearest multiple thereof. Where
two or more such establishments are connected by a common wall, such
as in a shopping center, common berths may be permitted for the use
of all establishments at the rate of one berth space per 8,000 square
feet in the entire shopping center.
B.Â
Office buildings. For each office building with net
area of 4,000 square feet or more, at least one berth shall be provided.
C.Â
Manufacturing industrial warehousing. For manufacturing,
industrial warehousing and similar uses up to 8,000 square feet of
net floor area, at least one berth shall be provided. For larger floor
areas, additional berths shall be provided as required by the Inspector
of Buildings adequate for off-street loading and unloading.
E.Â
Loading bays shall not be less than 12 feet in width,
40 feet in length and 14 feet in height, exclusive of driveway and
maneuvering space. Required off-street loading bays and maneuvering
spaces shall be located entirely on the same lot as the building being
served.
A.Â
No off-street parking area shall be located within 10 feet of a property line or within 20 feet of a street right-of-way. See § 195-44C for increased parking buffers.
[Amended 10-21-1999 ATM by Art. 29]
B.Â
Sidewalks are required within the site where necessary
for safe pedestrian access and circulation. There shall be a marked
pedestrian aisle at each entrance to the building served by the parking
lot.
C.Â
Parking spaces more than 500 feet from the building
entrance they serve may not be counted towards fulfillment of parking
requirements unless the Planning Board determines that circumstances
justify this greater separation of parking from use.
D.Â
All required parking areas except those serving single-family
residences shall be paved, unless exempted on special permit from
the Planning Board for cases such as seasonal or periodic use where
unpaved surfaces will not cause dust, erosion, hazard or unsightly
conditions.
E.Â
Parking areas for five or more cars shall not require
vehicles to back onto a public way.
F.Â
Parking areas shall provide screening in accordance with Article IX, Landscaping.
[Amended 10-21-1999 ATM by Art. 29]
G.Â
No dead-end aisle may exceed seven parking spaces
in width for uses exclusively for retail, restaurants, professional
offices, and medical-related uses. For all other uses, dead-end aisles
shall not exceed 15 parking spaces in width. However, the Planning
Board shall waive the requirement for a special permit if the Board
finds that the dead-end aisle will not detract from the objectives
of this article, an adequate turnaround area is provided and dedicated
for such purposes with sufficient signage and the parking spaces closest
to the dead end are reserved for employees and signed accordingly.
[Amended 10-18-2010 ATM by Art. 19]
H.Â
Continuous curbing shall be provided to control access,
drainage and damage. Unless a portion of a project has been designed
specifically as an LID stormwater management feature, curb only, sawtooth
curb, and curb cut edge treatments are allowed.
[Amended 10-18-2021 ATM
by Art. 24]
I.Â
Curb stops, planting strips or other means shall be
provided to maintain a minimum usable sidewalk width of four feet
or the minimum width required by the Americans with Disabilities Act.
J.Â
Parking areas with 20 or more spaces. The following
shall apply to entrances or exits to all parking areas with 20 or
more spaces:
(1)Â
Entrance or exit center lines shall not fall within
50 feet of an intersection of street side lines or within 150 feet
of the center line of any other parking area entrance or exit on the
same side of the street, whether on the same parcel or not, if serving
20 or more spaces. Uses shall arrange for shared egress if necessary
to meet these requirements.
(2)Â
Egressing vehicles shall have 400 feet of visibility
in each travel direction.
(3)Â
Street entrances shall be designed consistent with
the Massachusetts Amendments to the Manual on Uniform Traffic Control
Devices (MUTCD) and the Municipal Traffic Code or subsequent revisions.
[Amended 10-18-2021 ATM
by Art. 24]
(4)Â
An appropriate area for snow storage after plowing
shall be provided on the premises.
K.Â
Pervious parking materials. Turf grid systems, pervious pavers, gravel
and similar parking materials are allowed as part of a comprehensive
stormwater management design, including LID and green infrastructure.
Use of pervious materials is subject to the approval of the Town Engineer.
Off-street parking facilities surfaced with pervious materials may
be allowed by special permit from the Planning Board.
[Added 10-21-2013 ATM by Art. 15; amended 10-18-2021 ATM by Art. 24]
An application for a special permit for a parking garage shall require the submission of a site plan in conformance with § 195-104. A parking garage shall not exceed three stories in height (35 feet) and, when taken in consideration with the principal structure, shall not exceed the lot coverage for the applicable zoning district.
