Article III. General Regulations.
3.1.0.0. Off_Street Parking and Loading.
3.1.1.0. General Parking Requirements.
3.1.1.1. Adequate off-street parking shall 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.
3.1.1.2. In applying for building or occupancy permits, the applicant shall demonstrate that the minimum parking requirements set forth below will be met for the new demand without counting existing parking necessary for existing uses to meet these requirements.
3.1.1.3. Any parking or loading requirement set forth herein may be reduced upon the issuance of a special permit by the Board of Appeals if the Board finds that the reduction is not inconsistent with public health and safety, or that the reduction promotes a public benefit, and that the requirements set forth in Section 5.3.0.0. are fulfilled. Such cases might include:
a. Use of a common parking lot for separate uses having peak demands occurring at different times;
b. Age or other characteristics of occupants of the facility requiring parking which reduces auto usage; or
c. Peculiarities of the use which make usual measures of demand invalid.
A reserve area, to be maintained indefinitely as landscaped open space may be required sufficient to accommodate the difference between the spaces required (i.e. the sum of the spaces required for the separate uses individually) and the spaces provided. The parking/site plan shall show (in dotted outline) how the reserve area would be laid out in full compliance with the required number of spaces.
3.1.1.4. Applicability. The off-street parking and loading provisions of Section 3.1.0.0. shall not apply to structures or uses lawfully existing as of the effective date of Section 3.1.1.4. or any amendment thereto, provided, however, the provisions of this Section 3.1.0.0. shall apply to the following:
- New Structures and New Uses. For new structures erected and new uses of land established or authorized after the effective date of this Section 3.1.1.4. or any amendment thereto
- Additions to Existing Structures. External additions of Gross Floor Area to existing structures for any use, accessory off-street parking and loading facilities shall be provided as required by the regulations for the districts in which such structures or uses are located, in which case additional off-street parking or loading facilities as required herein shall be provided for the total increase in intensity subsequent to the effective date of this Section 3.1.1.4. or any amendment thereto.
- Expansion of Use. A expansion to an existing use within any existing structure (or lot as the case may be) where the existing use is increased through addition of dwelling units, floor area, seating capacity or other units of measurement specified in Section 3.1.2.0. (but not including any uses in a new external addition to that structure, which shall be subject to the provisions of subsection (b) above), off-street parking and loading facilities shall be provided as required for such expansion of use.
- Change to New More Intensive Use. A change from one use to a new use which pursuant to the parking requirements set forth in Section 3.1.2.0. below requires a greater number of off-street parking spaces than the existing use would require based on the parking requirements set forth in Section 3.1.2.0. below.
3.1.2.0. Number of Spaces. 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 twenty (20) inches for each seat. The following minimum parking requirements shall apply to Use Groups as listed below:
OFF-STREET PARKING USE GROUP |
OFF-STREET PARKING REQUIREMENT |
A |
One per dwelling unit |
A-MF |
One and one-half parking spaces per residential unit |
A-HO |
One per each person that is employed at but does not reside at the premises |
B |
One per each rented room |
C |
One per employee on largest shift, plus one per guest room, plus one per one hundred square feet of space in function rooms not designed for eating |
D |
One per each fifty square feet of gross floor area, or one per each three seats of rated capacity, whichever may require the larger number of spaces |
E |
One per each four seats of rated capacity |
F
|
One per each three persons of rated capacity |
G
|
One per each two hundred (200) square feet of gross floor area |
H
|
One per staff member, plus one per employee, plus one per each two hundred (200) square feet of gross floor area |
I |
One per staff member, one per employee, plus one per each two hundred (200) square feet of gross floor area |
J |
One per each employee on the largest shift, and one for each company-owned or operated vehicle, plus space for customers' vehicles and-loading space as appropriate |
K |
One space for each ATM |
3.1.2.1. In computing parking space requirements no space shall be counted which is needed for circulation or loading of vehicles.
3.1.2.2. In computing gross floor area for the purposes of this Article III, eighty (80%) percent of the entire Gross Floor Area of each structure shall be included regardless of its intended use.
3.1.2.3. Required spaces may be provided on the same lot with the principal use or on a contiguous or nearby lot in the same district, provided that no space is counted as meeting the requirement of more than one (1) use 2-way except as allowed below) and provided further that the distance between such parking lot and the use it serves shall not exceed two hundred (200) feet.
3.1.2.4. For any uses(s) not assigned to an Off-Street Parking Group in Section 2.2.3.0. above (except where Section 2.2.3.0. indicates “None” or “N/A”), the Inspector of Buildings shall determine the required amount of off-street parking reasonably necessary to accommodate the proposed uses(s), provided, however, where the underlying use(s) requires a Special Permit pursuant to Section 2.2.3.0. above, the Board of Appeals, and not the Inspector of Buildings, shall determine the required amount of off-street parking reasonably necessary to accommodate the proposed uses(s) for all use(s) not assigned to an Off-Street Parking Group in Section 2.2.3.0. above (except where Section 2.2.3.0. indicates “None” or “N/A”).
3.1.3.0. Size of Parking Spaces. A parking space shall mean an equivalent ninety (90°) degree width of nine (9) feet by an equivalent ninety (90°) degree depth of eighteen (18) feet in size, provided, however, up to twenty-five (25%) percent of parking spaces may be reduced to an equivalent ninety (90°) degree width of eight and one half (8.5) feet by an equivalent ninety (90°) degree depth of sixteen (16) feet.
3.1.4.0. Lanes for Circulation and Access.
3.1.4.1. Two (2) way lanes for circulation shall be twenty-four (24) feet in width, provided, however, lanes for circulation for one-way traffic shall be no less than twenty (20) feet in width.
3.1.4.2. A reasonable number of entrances from, and exits to, the highway shall be provided for the lots to be served by such highway, and shall be located with proper regard to the proposed use of the developed area and safety to the pedestrian and vehicular traffic. Where appropriate, paved areas leading to and from entrances and exits shall also be provided.
3.1.5.0. Parking Lot Design.
3.1.5.1. A strip of land not less than six (6) feet in width shall be provided on at least two (2) sides of a parking lot or area and designated on the parking/site plan for the storage of snow plowed from the parking lot; such snow storage area may be located in landscaped areas or in areas of required setbacks from lot lines or building lines.
3.1.5.2. Only light areas as required for safety and comfort. Do not exceed eighty (80%) percent of the lighting power densities for exterior areas and fifty (50%) percent of lighting power densities for building facades and landscape features as defined in ASHRAE/IESNA Standard 90.1 – 2004, Exterior Lighting Section, without amendments. Design exterior lighting within the B1, B2, B3, and I Districts so that all lighting produces a no more than a maximum initial luminance value greater than 0.20 horizontal and vertical footcandles at the site boundary and no greater than 0.01 horizontal footcandles 15 feet from the boundary of the property. Document that no more than five (5%) percent of the total initial
designed fixture lumens are emitted at an angle of ninety (90) degrees or height from nadir (straight down). For site boundaries that abut public rights-of-way, light trespass requirements may be met related to the curb line instead of the site boundary. The use of low intensity, shielded fixtures as well as so-called curfew controllers to turn off non-essential site lighting is highly encouraged to further reduce the effects of light pollution.
3.1.5.3. The use of metal guardrails around parking drives and parking lots is not permitted. Where guardrails are used the type provided shall be of the heavy wooden timber variety. Metal or steel bollard, however, are permitted.
3.1.5.4. Landscaping requirements are set forth in Section 3.3.0.0.
3.1.5.5. Open parking lots containing six (6) or more parking spaces shall be set back twenty (20) feet from the street line and twenty (20) feet back from all other lines; provided, however, that along a boundary between business and residential use, parking lot setback shall be twenty-five (25) feet.
3.1.6.0. Off_Street Loading. 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 as the Inspector of Buildings determines is reasonably necessary to accommodate the demands of the building or use(s), provided, however, where the underlying building or use(s) requires a Special Permit, the Board of Appeals shall determine the required amount of off-street loading bays, and where the underlying building or use(s) requires a Site Plan Special Permit in accordance with Section 5.4.0.0. below, the Site Plan Special Permit Granting Authority shall determine the number of off-street loading bays reasonably necessary to accommodate the demands of
the building or use(s). Off-Street Loading Bays shall be subject to the following additional requirements:
- All off-street loading bays shall accurately be shown on a plan, including the location of the required or proposed off-street loading spaces, access thereto, dimensions and clearance.
- Off-street loading facilities are required by these zoning regulations so that vehicles engaged in unloading will not encroach on or interfere with the public use of streets, sidewalks, and alleys by automotive vehicles or pedestrians and so that adequate space is available for the unloading and loading of goods, materials, items or stock for delivery and shipping.
- Off-street loading facilities provided to meet the needs of one use may not be considered as meeting the needs of another use unless it is determined that the shared use of off-street loading facilities is reasonable and appropriate given the proposed uses and the location of the off-street loading facilities.
- Off-street parking facilities may not be used or counted as meeting off-street loading requirements.
- Adequate on-site area exists for the loading and unloading of such trucks. Such loading and unloading activity shall not be permitted in any public right-of-way.
- To the extent possible, access to loading areas shall be only from arterial or collector roadways and not from local streets.
- Loading areas shall be signed to indicate “no idling” and no idling shall be permitted.
- Any loading area located adjacent to a residential use shall not receive deliveries between the hours of 10 PM and 6 AM.
3.2.0.0. Signs.
3.2.1.0. Applicability. No signs are permitted in any district other than those signs listed herein which comply with the provisions of this Section 3.2.0.0.
3.2.2.0. General Standards – All Districts.
3.2.2.1. Flashing, moving, animated, or intermittently operating signs or advertising devices are not permitted except for signs showing only temperature and/or time displays. Notwithstanding the foregoing, rotating barber poles not greater than thirty (30) inches in height are permitted.
3.2.2.2. Pennants, banners, flags, and streamers are not permitted in any district, except as set forth in Section 3.2.3.7. below.
3.2.2.3. Billboards or off-premises signs are prohibited except as expressly provided herein.
3.2.2.4. Moveable, portable, sandwich sign, or "trailer signs" are prohibited except as expressly provided herein.
3.2.2.5. All signs, except temporary political signs, and other temporary signs listed in Section 3.2.5.3., shall be related harmoniously to the buildings to which they are attached or, if free-standing, to adjacent buildings. Signs shall be compatible in character, material, appearance, and scale with the general character of the Town of Swampscott and shall endeavor to enhance the visual environment.
3.2.2.6. Except for the B-1 District, where awnings are expressly prohibited for buildings containing non-residential uses, awnings of all materials are permitted subject to the requirements of Section 3.2.5.5. below. Where lettering is desired on awnings, awnings shall be fabric, canvas, or other material with printing or lettering silk-screened, woven, or otherwise integral to the awning. Any lettering or graphics contained on an awning shall be counted towards the maximum area (s.f.) of exterior advertising signage otherwise permitted under this By-Law. In the B-1 District, with regard to all existing awnings, a replacement of an awning or any change or alteration of lettering or graphics on an awning shall
be considered a new awning and subject to the restrictions set forth in the first sentence of this Section 3.2.2.6.
3.2.2.7. No sign or other advertising device attached to a building or roof overhang shall project more than twelve (12) inches above the roof ridge or parapet line. All roof signs are prohibited except in the case of a building with a mansard roof in which case no part of the sign shall be higher than the top edge of the slope. Signs may not be attached to chimneys, penthouses, rooftop equipment, or the like; provided, however, that in the case of a sloped roof (but not a mansard), a roof sign shall be permitted provided that the overall length of the sign does not exceed one-fifth (1/5) of the building length and provided that the height of the sign does not exceed one-tenth (1/10) the height of the rise of the roof
(measured vertically), and provided that the sign aligns with, or is within two (2) feet of the building cornice/fascia.
3.2.2.8. No sign, other than municipal signs or signs approved by the Board of Selectmen under Section 3.2.5.3. below, shall be pasted or attached to utility poles or municipal sign poles, or private or municipal fences. No signs shall be attached to trees.
3.2.2.9. All exterior lighting of signs, to the extent permitted under this By-Law, shall be shielded so as not to cast light directly on adjacent streets or properties. The lighting source shall be shielded from view from adjacent roadways and properties. The level of illumination of lighting shall be low so as to reduce the glow of ambient light perceptible on adjacent properties. Lighting shall not exceed fifty (50%) percent of lighting power densities for building facades and landscape features as defined in ASHRAE/IESNA Standard 90.1 – 2004, Exterior Lighting Section, without amendments.
3.2.2.10. All signs and their related supports shall be kept in full repair, and when not galvanized, shall be painted when necessary to prevent corrosion, decay, or an unsightly or neglected appearance. The Inspector of Buildings shall inspect all signs and require any sign to be removed for failure to comply with the provisions of this Section 3.2.2.10.
3.2.3.0. Permitted Signs.
3.2.3.1. In all districts, two (2) real estate signs per lot, each not over six (6) square feet in area, advertising the sale, rental or lease of the premises on which it is located, and referring to premises.
3.2.3.2. In all districts, directional and traffic signs, each not exceeding nine (9) square feet in area, and carrying no advertising.
3.2.3.3. In all districts, one (1) contractor's sign, not exceeding six (6) square feet in area, in connection with the ongoing renovation or construction of a building. Such sign shall be attached to the building and removed within the earlier of (i) one hundred fifty (150) days following issuance of the building permit permitting such construction and (ii) the completion of such construction.
3.2.3.4. In any residential district one (1) "professional offices" sign per lot on the premises of such offices provided, however, that the size of such sign shall not exceed six (6) square feet in area, except as authorized by Section 2.2.7.7. No other signs relating to any commercial use, except those related to permitted home occupations as provided in Section 2.2.6.2. above and those otherwise expressly permitted in this Section 3.2.0.0., shall be
permitted within any residential district.
3.2.3.5. In all districts, one (1) free-standing sign per lot (except where more my be allowed by other provisions of this by-law) identifying the~premises of a municipal~building, school, church, temple, or other~religious organization building provided, however, that the size of such sign shall not exceed six (6) square feet in any residential district unless a special permit is obtained and sixty (60) square feet in any other district.~~~~
3.2.3.6. In all districts, one (1) free-standing sign not exceeding four (4) feet high by eight (8) feet wide on property proposed for subdivision to be removed upon completion of the development of the subdivision.
3.2.3.7. In all districts the following are permitted:
a. Pennants, banners, flags, streamers, windsocks, etc. for non-commercial purposes are permitted provided such do not exceed eighteen (18) square feet in area and which are not illuminated.
b. Country, state, county, or other level of government flags for non-commercial purposes.
3.2.3.8. In the B-1, B-2, B-3 and I Districts, one (1) free-standing sign not exceeding four (4) feet high by six (6) feet wide advertising that space on the property is for rent, provided that such sign shall not be permitted more than six (6) months prior to the date such space will be available for occupancy and such sign shall be removed once the property is rented.
3.2.4.0. District or Use Regulations.
3.2.4.1. Signs in the B-1 and B-2 Districts.
(a) In the B-1 and B-2 Districts, upon the issuance of a permit from the Inspector of Buildings as provided in Section 3.2.6.0. below and, as applicable, upon the issuance of a Special Permit by the Board of Appeals where the underlying use requires or required a Special Permit in accordance with Section 2.2.3.0. or a Site Plan Special Permit by the Site Plan Special Permit Granting Authority where the development requires or required a Site Plan Special Permit in accordance with Section 5.4.0.0., there shall be permitted for each permitted commercial use one (1) sign attached flat against the wall of the building where such use is located identifying the name, standard logo, and/or
standard graphic of the user, provided, however, the following requirements are met:
(i) the area of the sign does not exceed forty-five (45) square feet, provided, however, permitted commercial uses having an area of more than ten thousand (10,000) g.s.f. shall be permitted to have an area of up to ninety (90) square feet in size, provided that such sign is designed as part of the architectural decor of the building and that it is set back at least seventy-five (75) feet from the street or way on which it fronts.
(ii) the sign is not internally illuminated or illuminated from behind, provided, however, the requirements of this subsection (ii) may be altered in the B-2 District by Special Permit granted by the Board of Appeals.
(iii) where there is more than one (1) permitted commercial user in a single building, all signs must be the same height, the same geometric shape, located in a single continuous line above the storefronts, made of the same materials and quality, and there must be at least a three (3) foot buffer in between each such sign. See Figure 5 in Appendix B.
(iv) the sign is not comprised of individually illuminated letters.
(v) the sign does not relate to any use which is not located on the first floor of the building, provided, however, a sign for a use not located on the first floor of the building may be permitted upon issuance of a Special Permit by the Board of Appeals in accordance with the findings required under Section 5.3.2.0. below and provided that the sign is integrated as part of the architectural design of the building.
(vi) in the B-1 District only, (w) each sign shall be no more than thirty (30) inches tall, (x) all graphics and lettering in the sign must be colored gold (which color shall be the same as the gold color used on all other signs on the building), (y) the signs must contain a gold colored line having a width of at least one (1) inch located no less than one (1) inch inside the parameter of the display area of the sign (which gold colored line shall be the same as the gold color used on all other signs on the building).
(b) In addition, subject to receipt of a Special Permit from the Board of Appeals under Section 5.3.0.0. below and a permit from the Inspector of Buildings as provided in Section 3.2.6.0. below, one (1) free-standing sign may be permitted per commercial development in the B-1 and B-2 Districts, provided that the off-street parking for such commercial development is located adjacent to the street or way on which the commercial development fronts, such free-standing sign does not exceed thirty (30) square feet in area, and such free-standing sign does not exceed eighteen (18) feet in height.
(c) In addition to the signs permitted above, within the B-1 and B-2 Districts, upon the issuance of a permit from the Inspector of Buildings as provided in Section 3.2.6.0. below and, upon the issuance of a Special Permit by the Board of Appeals where the underlying use requires or required a Special Permit in accordance with Section 2.2.3.0. or a Site Plan Special Permit by the Site Plan Special Permit Granting Authority where the development requires or required a Site Plan Special Permit in accordance with Section 5.4.0.0., one (1) or more projection signs extending at a ninety (90) degree angle from the front of a building may be permitted, in addition to the signs otherwise permitted, provided the following requirements are met:
(i) the projection sign is not located any closer than thirty (30) feet from any other projection sign and only one (1) projection sign is permitted for each permitted commercial use;
(ii) where more than one (1) projection sign is located on a building the top of each such sign shall be constant across the entire building;
(iii) each projection sign shall have a height no greater than thirty (30) inches and a width no greater than twenty (24) inches, provided, however, the area of such projection sign shall be counted towards the maximum area permitted for all exterior signs on the building;
(iv) the bottom of each projection sign shall be located at least seven and one-half (7.5) feet above grade;
(v) each projection sign shall not extend more than three (3) feet from the front wall of the building to which it is affixed;
(vi) each projection sign shall (w) be of the same or better materials and quality as all other signs on the building, (x) not be internally illuminated or illuminated from behind, (y) have a single background color, and (z) contain only the name, standard logo, and/or standard graphic of the user;
(vii) the projection sign is located in front of the use to which it related; and
(viii) in the reasonable judgment of the Inspector of Buildings or, as applicable, the Board of Appeals, the projection sign does not constitute a public safety concern.
3.2.4.2. Signs in the B-3 and I Districts.
(a) In the B-3 and I-Districts upon the issuance of a permit from the Inspector of Buildings as provided in Section 3.2.6.0. below and, as applicable, upon the issuance of a Special Permit by the Board of Appeals where the underlying use requires or required a Special Permit in accordance with Section 2.2.3.0. or a Site Plan Special Permit by the Site Plan Special Permit Granting Authority where the development requires or required a Site Plan Special Permit in accordance with Section 5.4.0.0., there shall be permitted for each permitted commercial use one (1) sign attached flat against the wall of the building where such use is located identifying the name, standard logo, and/or
standard graphics of the user, provided, however, uses located in the end unit of a building (i.e., where the front and side of the premises containing the permitted use are comprised of exterior walls of the building) may have one (1) sign on each of the front and side(s) of the building. No sign for any permitted use shall have a display area greater than sixty (60) square feet in size, provided, however, permitted commercial uses having an area of more than ten thousand (10,000) g.s.f. shall be permitted to have a display area of up to one hundred and twenty (120) square feet in size, provided that such sign is designed as part of the architectural decor of the building. No sign shall be more than four (4) feet in height except as expressly provided herein. For the purposes of this Section 3.2.4.2. individually illuminated channel letters identifying the name of a commercial business, together with an ancillary so-called “pill sign” directly
underneath the individually illuminated letters, shall be considered a single sign provided that such individual letters and the pill sign shall in no event in the aggregate exceed four (4) feet in height, and the total area of the letters and the pill sign do not exceed the maximum display area otherwise permitted for the sign (i.e., sixty (60) s.f. or one hundred twenty (120) s.f., as applicable). Where there is more than one (1) permitted commercial user in a single building, there must be at least a three (3) foot buffer in between each sign. An example of individual channel letters and a pill sign is set forth in Figure 5 of Appendix B to this By-Law.
(b) In addition to the signs permitted above, within the B-3 and I Districts, subject to receipt of a special permit from the Board of Appeals and a permit from the Inspector of Buildings as provided in Section 3.2.6.0. below, one (1) free-standing sign may be permitted per commercial development, located at any entrance to the premises, not to exceed sixty (60) square feet in area and not to exceed twenty-five (25) feet in height.
(c) In addition to the signs permitted above, within the B-3 and I Districts, upon the issuance of a permit from the Inspector of Buildings as provided in Section 3.2.6.0. below and, as applicable, upon the issuance of a Special Permit by the Board of Appeals where the underlying use requires or required a Special Permit in accordance with Section 2.2.3.0. or a Site Plan Special Permit by the Site Plan Special Permit Granting Authority where the planned developed requires or required a Site Plan Special Permit in accordance with Section 5.4.0.0., one (1) or more projection signs extending at a ninety (90) degree angle from the front of a building may be permitted, in addition to the signs otherwise permitted, provided the following requirements are met:
(i) the projection sign is not located any closer than thirty (30) feet from any other projection sign and only one (1) projection sign is permitted for each permitted commercial use;
(ii) where more than one (1) projection sign is located on a building the top of each such sign shall be constant across the entire building;
(iii) each projection sign shall have a height no greater than thirty (30) inches and a width no greater than twenty (24) inches;
(iv) the bottom of each projection sign shall not be located at least seven and one-half (7.5) feet above grade;
(v) each projection sign shall not extend more than three (3) feet from the front wall of the building to which it is affixed;
(vi) each projection sign shall (x) not be internally illuminated or illuminated from behind, (y) have a single background color, and (z) contain only the name, standard logo, or standard graphic of the user;
(vii) the projection sign is located in front of the use to which it related; and
(viii) in the reasonable judgment of the Inspector of Buildings or, as applicable, the Board of Appeals, the projection sign does not constitute a public safety concern.
3.2.4.3. At a gas station, in addition to the signs normally permitted in the district, the following signs are permitted:
a. standard and typical per-gallon price signs atop fuel pumps;
b. one location of per-gallon price signs not attached to fuel pumps; and
c. "no smoking" signs required by law.
3.2.5.0. Specific Sign Types.
3.2.5.1. Intentionally omitted.
3.2.5.2. Window Signs. Temporary and permanent window signs are permitted only in the first-floor windows of a building. The total area of all signs (temporary and permanent added together) in any window shall not exceed twenty-five (25%) percent of the glass area of the window. Window signs in the B-3 and I Districts may be illuminated. In the B-1 and B-2 Districts window signs may not be illuminated except for one (1) “open” sign having an area no greater than two (2) square feet. See Figure 6 in Appendix B.
3.2.5.3. Temporary Signs. Except as otherwise noted, there shall be no temporary or special promotional signs; provided, however, that the following temporary signs are allowed:
a. Temporary "car wash", “fair", "bazaar", and similar signs to be used for a single day (provided that any other required permits or authorization have been received).
b. Temporary one-day "garage sale" signs (provided that any other required permits or authorizations have been received).
c. Temporary one-day "open house" signs used for real estate purposes (provided that any other required permits or authorizations have been received).
d. Signs that advertise approved subdivisions as outlined in the Town of Swampscott Rules and Regulations.
e. The seasonal display of signs and exterior lighting for the purpose of celebration of holidays.
f. Special advertising displays, banners or signs, visible from a public way, for municipal purposes or by churches, civic or charitable organizations or for community drives or celebrations may be displayed only on permit from the Board of Selectmen, such permits to be good for ten (10) days and to be renewable for not over ten (10) days more at the discretion of the Board of Selectmen.
3.2.5.4. Traffic Island Sponsor Signs. For the purpose of identifying the sponsor of the landscaping on a traffic island, traffic island sponsor signs shall be permitted on islands from May 1 through October 31 of each year, according to the following requirements:
a. The overall size of the sign, inclusive of the sign frame (if any), shall be twelve inches by eighteen inches (12" x 18"). The signboard shall be made of a single rigid sheet of plywood of M.D.O. board. One (1) or two (2) posts shall support this sign.
b. The maximum allowable distance from the grade to the top of the sign, inclusive of the sign frame, shall be twenty-six (26) inches. One (1) sign per island is permitted.
c. The sign, including letters, shall be non-illuminated, non-reflective, painted sign. The colors of the sign shall be as follows:
Signboard: dark green (color equivalent to Benjamin Moore paint Classic Color #602 – Gondola Ride). Lettering: white. Sign frame (if any): dark green, dark brown, or black. Sign post(s): dark green, dark brown, or black.
d. The signboard shall be painted on both sides and may have lettering on one (1) or both sides. No images other than letters or numerals shall appear on the sign.
e. The lettered message of the sign shall contain only the words: "sponsored by", followed by the name of the individual(s) or business sponsoring the landscaping on the island. The address or the individual(s) may be included on the sign. No other words or message shall appear on the sign.
f. No phone numbers shall appear on the sign. No product trademarks or corporate logos shall appear on the sign.
3.2.5.5. Projection Signs and Awnings. Except as provided in Sections 3.2.4.1. and 3.2.4.2. above, no projection sign or awning shall be erected without a Special Permit issued by the Board of Appeals in accordance with Section 5.3.0.0.
3.2.6.0. Permit Requirements. No sign shall be erected, altered, or relocated without a permit issued by the Inspector of Buildings (except for real estate signs, political signs, window signs, contractor signs and traffic island sponsor signs that comply with the provisions of this section, and temporary signs as defined in Section 3.2.5.3.). Such permit shall not be issued by the Inspector of Buildings until a proper certificate of public liability insurance is in force.
3.2.6.1. Applications. Applications shall be accompanied by a drawing showing the proposed location, including a photograph of the building facade where the sign is to be located and a portion of adjoining buildings, if applicable; and a dimensional sketch, showing the design, dimensions and position of the sign on the building facade, and such other pertinent information as the Inspector of Buildings may require to ensure compliance with this By-Law.
3.2.6.2. A Special Permit or Site Plan Special Permit relating to the proposed sign has been obtained as required by Section 3.2.4.1. or 3.2.4.2. above.
3.2.6.3. A permit shall be issued only if a sign conforms to the provisions of this By-Law and, as applicable, the conditions contained with the Special Permit or Site Plan Special Permit granted in accordance with Section 3.2.4.1. or 3.2.4.2. above.
3.2.7.0. Enforcement. The Inspector of Buildings is charged with the enforcement of this section. The Inspector of Buildings shall require the proper erection and maintenance of all signs, awnings, and related supports. The Inspector of Buildings may order the removal of any sign or awning that is not properly maintained, is deemed to constitute a public safety hazard or nuisance or that does not otherwise comply with the requirements of this By-Law. The cost of removal shall be borne by the owner of the sign or of the property on which it is erected.
3.3.0.0. General Landscaping and Screening Requirements.
3.3.1.0. Landscaping. The following requirements for landscaping apply to parking lots with six or more spaces in all districts. For the purpose of this section, landscaping shall consist of any of the following or combination thereof: grass, ground covers, shrubs, vines, flowers, water, hedges, or trees; and non-living durable material commonly used in landscaping, such as but not limited to, rocks, pebbles, or wood chips, but excluding asphalt or concrete. Asphalt, concrete, flagstone, etc., may be used in walkways, walls, and other landscaping features but no amount of “hard” materials such as these shall be counted (in area calculations) toward the required landscaped areas outlined below. All landscaped areas shall be
regularly maintained, including for example, appropriate watering of plantings, weeding, pruning and replacement of dead plantings.
3.3.1.1. At least five (5%) percent of the interior area of the parking facility shall be landscaped. This does not include perimeter planting.
3.3.1.2. Each interior and exterior planting area shall be at least twenty-five (25) square feet in area and have no dimension less than five (5) feet.
3.3.1.3. Each interior and exterior planting area shall contain at least one (1) tree and the facility as a whole shall contain at least two (2) trees for every ten (10) parking spaces.
3.3.1.4. Trees used to satisfy parking lot landscaping requirements shall be a minimum of four (4) inch caliper at planting and shall be of species suitable for survival in the parking lot environment. Caliper of tree is measured at point on trunk four (4) feet above grade where tree is planted.
3.3.1.5. Existing trees shall be preserved wherever possible. Removal of any tree exceeding six (6) inch caliper is strongly discouraged.
3.3.1.6. Existing and new trees shall be protected by bollards, high curbs or other barriers sufficient to minimize damage.
3.3.1.7. Extensive unbroken paved areas in large on-grade open parking facilities shall not be permitted. In parking lots containing twenty-five (25) or more spaces, a row shall contain no more than fifteen (15) contiguous parking spaces without a densely planted landscaped buffer of at least the dimensions of one (1) space. Such buffer shall also contain at least one (1) tree.
3.3.2.0. Screening. The following uses of land shall be screened from adjacent residentially used or classified properties as set forth herein: (i) Property line(s) between nonresidential and residential uses or districts; (ii) off-street parking facilities containing six (6) or more spaces and not in a structure; and (iii) refuse disposal and dumpster areas, outdoor storage areas of goods and materials.
3.3.2.1. Screening shall consist of a strip of at least five (5) feet in width of densely planted shrubs or trees which are at least two (2) feet high at the time of planting and are of a type that may be expected to form within three (3) years after time of planting a continuous, unbroken year-round visual screen.
3.3.2.2. Intentionally Omitted.
3.3.2.3. Screening as required in this subsection shall be located so as not to obstruct vehicle sight distances, entrances and exits. Such screening shall not be higher than two (2) feet within thirty (30) feet of an intersection or ten (10) feet of a driveway. In no case shall the screening of parking facilities from abutting streets exceed four (4) feet in height.
3.3.2.4. Plantings shall be of trees of a species common to the area and appropriate for screening, spaced to minimize visual intrusion, and providing an opaque year-round visual buffer between uses. Such plantings shall be provided and maintained by the owner of the property used for nonresidential purposes.
3.3.2.5. Screening shall be continuously maintained to as to effectively serve the purpose for which it is intended. No advertising devices of any kind shall be allowed on screening.
3.3.2.6. Screening shall be continuous except for required access.
3.3.3.0. Exceptions. These landscaping and screening regulations shall not apply to a change of use of an existing building or a change of ownership as long as the new use does not involve a substantial traffic increase over the previous use as determined by the Inspector of Buildings.
3.3.4.0. Waiver or Modification. The Board of Appeals shall have by special permit, or, where a Site Plan Special Permit is required, the Site Plan Special Permit Granting Authority shall have in connection with approval of the Site Plan Special Permit, the power to waive or modify any of these requirements under Section 3.3.0.0. when in its judgment the findings set forth in Section 5.3.2.0. are met and it determines that the strict application of such requirements would result in peculiar or exceptional difficulties, or exceptional and undue hardship, or in a specific instance where for topographic reasons fences, walls and screening as herein required could not possibly screen the activities conducted at ground level on the lot from view from the normal
level of a first story window on any lot in a residence district either abutting such business area or abutting on a street across from such business.
3.4.0.0. Environmental Standards.
3.4.1.0. Disturbances. Repealed - number is reserved for future use.
3.4.2.0. Lighting. All exterior lighting, except municipal street lighting, shall be shielded so as not to cast light directly on adjacent streets or properties. The lighting source shall be shielded from view from adjacent roadways and properties. The level of illumination of lighting shall be low so as to reduce the glow of ambient light perceptible on adjacent properties. All exterior lighting shall also comply with other applicable requirements of this By-Law, including, for example, Sections 3.1.5.2. and 3.2.2.9. above.
3.5.0.0. Approved Street Plan.
3.5.1.0. General. No permit for the erection of any building shall be issued unless the lot to be built upon has frontage on a street, as defined in this Zoning By-Law, or, if it is an unconstructed way, such way has, in the opinion of the Swampscott Planning Board, sufficient width and suitable grades to permit street construction to provide for the needs of vehicular traffic in relation to the proposed uses of the land abutting thereon or served thereby, and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon; and further, that a street plan based on the above criteria shall have been approved by the Swampscott Planning Board, and construction of the street shall have been secured by one, or in
part by one and in part by another of the methods described in the following subsections 3.5.1.1. and 3.5.1.2., which method or combination of methods may be selected and from time to time varied by the applicant:
3.5.1.1. By a proper bond, sufficient in the opinion of the Planning Board to secure performance of the construction of the street and the installation of municipal services required for the lot shown on the plan, and the Planning Board may require that the applicant specify the time within which such construction shall be completed.
3.5.1.2. By a deposit of money or negotiable securities, sufficient in the opinion of the Planning Board to secure performance of the construction of the street and the installation of municipal services required for the lot shown on the plan, and the Planning Board may require that the applicant specify the time within which such construction shall be completed.
3.6.0.0. Assisted and Independent Living Facilities.
3.6.1.0. Purpose. The purpose of this section is to provide a mechanism for the approval of:
3.6.1.1. Assisted living facilities (ALF) within a residential environment that offer supportive services to individuals who are unable to live independently in the community by offering supervision and/or assistance with basic activities of daily life, such as, but not limited to, dressing, bathing, toileting, and nutrition; and
3.6.1.2. Independent living facilities (ILF) that offer congregate living arrangements to persons over the age of fifty-five (55); and
3.6.1.3. The development of ALF and ILF in a manner that conserves environmental features, woodlands, wet areas, open space, areas of scenic beauty, views and vistas as well as encouraging the renovation and rehabilitation of older, existing buildings; and
3.6.1.4. The development of ALF and ILF in a manner harmonious with the surrounding land uses while protecting natural resources and open space.
3.6.2.0. Definitions. Within Section 3.6.0.0., the following terms shall have the following meanings:
Applicant: The person or persons, including a corporation or other legal entity, who applies for issuance of a special permit hereunder. The Applicant shall own, or be the beneficial owner of, all the land included in the proposed site, or have authority from the owner(s) to act for him/her/it/them or hold an option or contract duly executed by the owner(s) and the Applicant giving the latter the right to acquire the land to be included in the site.
Assisted Living Facility (ALF): Assisted Living Residence or Residence means any entity, however organized, whether conducted for profit or not for profit, which is licensed by the Commonwealth as an ALF and meets all of the following criteria:
(a) provides room and board; and
(b) provides, directly by employees of the entity or through arrangements with another organization which the entity may or may not control or own, Personal Care Services for three (3) or more adults who are not related by consanguinity or affinity to their care provider; and
(c) collects payments or third party reimbursements from or on behalf of Residents to pay for the provision of assistance with the Activities of Daily Living or arranges for the same.
Bedroom: A separate room intended for, or which customarily could be used for, sleeping.
Dwelling Unit: A residence, including studio units. Each residence shall contain a living area, bathroom and, except in studio units, one (1) or more bedrooms, and may contain a kitchen area or combination kitchen/living area.
Independent Living Facility (ILF): A facility reserved by deed for occupancy by persons over the age of fifty-five (55) who are able to care for themselves, but with some common facilities as described herein.
Land: Land, including areas covered by water.
Regulations: The rules and regulations of the Board of Appeals.
Wetlands: Land subject to the provisions of M.G.L. c. 131, §§ 40 and 40A.
3.6.3.0. Special Permit. The development of an ALF and/or an ILF may be permitted upon the issuance of a special permit by the Board of Appeals, and upon site plan approval pursuant to Section 5.4.0.0.
3.6.4.0. Application. An application for a special permit shall be submitted to the Board of Appeals on forms furnished by the Board. Each such application shall be accompanied, if applicable, by a definitive plan of land pursuant to the Regulations of the Planning Board. In addition the applicants shall submit:
3.6.4.1. The following plans:
a. a site plan pursuant to Section 5.4.0.0.;
b. a plan at a scale of 1" = 40' showing the topography of the site at a minimum of two (2) foot intervals, as well as vegetation and special features, including wetlands, perennial streams and ponds, trees of more than eight (8) inch caliper, rock outcroppings, slopes in excess of fifteen (15%) percent, existing and proposed trails and paths, open vistas, structures of historical importance and biological or wildlife habitats, and proposed conservation and recreation easement areas; and
c. a plan illustrating preliminary landscaping and architectural design, showing types, location and layout of buildings, and typical elevations, as well as the general height, bulk and appearance of structures. Perspective drawings may be subsequently required by the Board of Appeals.
3.6.4.2. The following narrative reports or data:
a. a proposed development schedule showing the beginning of construction, the rate of construction and development, including stages, if applicable, and the estimated date of completion;
b. a development impact statement prepared by qualified professionals, detailing the impact of the development on the Town's capacity to furnish services including, but not limited to, roads, police, fire, emergency services and water;
c. information pertaining to any organization which the Applicant proposes to form where the development is to be a condominium development, including forms and plans to be used to organize and manage the same, for approval as to form by Town Counsel;
d. copies of all proposed covenants, easements, and other restrictions which the Applicant proposes to grant to the Town, the Conservation Commission, utility companies, any condominium organization and the owners thereof, including plans of land to which they are intended to apply, for approval as to form by Town Counsel; and
e. any and all other information that the Board of Appeals may reasonably require in a form acceptable to it to assist in determining whether the Applicant's proposed development plan meets the objectives of this section.
3.6.5.0. Standards. In order to be eligible for consideration for a special permit pursuant to this section, the proposed development shall meet all of the following standards:
3.6.5.1. Applicable District. Minimum dimensional requirements for ALFs and ILFs shall be as set forth in the district in which the proposed facility is located.
3.6.5.2. Buffer. A buffer area of fifty (50) feet shall be provided at the perimeter of the property where it abuts residentially zoned or occupied properties, except for driveways necessary for access and egress to and from the site. No vegetation in this buffer area will be disturbed, destroyed or removed, except for normal maintenance. The Board of Appeals may waive the buffer requirement (i) where the land abutting the site is the subject of a permanent restriction for conservation or recreation so long as a buffer is established of at least twenty (20) feet in depth which may include such restricted land area within such buffer area calculation; or (ii) where the land abutting the site is held by the Town
for conservation or recreation purposes; or (iii) the Board of Appeals determines that a smaller buffer will suffice to accomplish the objectives set forth herein.
3.6.5.3. Removal and Replacement of Vegetation. With the site, no clear cutting shall be permitted, except incidental to construction of buildings, roads, trails and parking areas.
3.6.5.4. Roadways. The principal roadway(s) and private way(s) serving the site shall be designed to conform with the Rules and Regulations of the Planning Board.
3.6.5.5. Parking. The applicant shall provide adequate parking to serve all anticipated uses on the property, with information detailing the method of computation of parking spaces. The minimum number of parking spaces provided on the site shall be three-tenths (0.3) parking space per dwelling unit in an ALF and one (1) parking space per dwelling unit in an ILF. For both ALFs and ILFs one (1) parking space shall be provided for every three (3) employees during the largest shift. The Board of Appeals may increase the required parking by up to ten (10%) percent to serve the needs of employees, visitors and service vehicles. All parking areas shall be screened from view from adjacent
residentially zoned or occupied premises located outside the site, including public ways, by a landscaped border at least ten (10) feet in width. Parking lots in front setbacks in residential zones, and in buffer areas in all zones, with the exception of necessary access driveways, are prohibited. Parking areas in residential districts shall be located to the side or rear of all buildings. Parking lot layout shall be planned to permit landscaping, buffering, or screening to prevent direct views of parked vehicles from adjacent streets. The use of traditional picket fencing, hedges, walls, or landscape berms to define parking areas is encouraged. In parking areas of eleven or more parking stalls, at least one (1) tree of three inch or greater caliper shall be planted for every six (6) parking places. Adequate tree wells and irrigation shall be provided for all parking lot landscaping. Pedestrian access is to be taken into consideration in
parking lot design. The use of separate walkways is encouraged. Textured paving or grade separated (elevated) walkways are desired on all pedestrian access ways.
3.6.5.6. Loading. Loading areas shall be at least twenty feet by nine feet (20’ x 9’), and have a minimum overhead clearance of ten (10) feet. Screening and landscaping shall be provided to block all views of loading areas (except those specifically designated for emergency vehicles) from the public right-of-way and adjacent properties.
3.6.5.7. Surface Drainage. The surface drainage system shall be designed in accordance with the Regulations of the Planning Board.
- Utilities. All electric, gas, telephone, and water distribution lines shall be placed underground, except upon a demonstration of exceptional circumstances.
3.6.5.9. Paths. Paths for the use of residents shall be attractively designed with proper regard for convenience, separation of vehicular, bicycle and pedestrian traffic, adequate connectivity, completeness of access to the various amenities and facilities on the site and to pathways on adjacent sites.
3.6.5.10. Paving and Curbing. Where the roadway is or may be ultimately intended for dedication and acceptance by the Town of Swampscott, granite curbing, gray in color, is required, except in areas of very low traffic volume where no curbing will be required. Rolled asphalt (Cape Cod berm) curbing is unacceptable in all such ways. Curbing is to be sloped or cut to provide a barrier free transition at road crossings and building entrances. Paving should be textured or of different materials at pedestrian crossings and walkways. The use of stone, brick or cultured stone pavers for entrance walkway borders is encouraged. The use of textured materials for walkway borders is encouraged.
3.6.5.11. Design and Architectural Character.
a. Massing and Style. Building massing and style shall be distinctively residential in character, drawing on the historical design elements that are contextually consistent with regional New England architecture. Historical and traditional design elements are encouraged. Front yards which use boxwood hedges, evergreen hedges, traditional style picket fences, stone walls, or iron picket fences with granite curb and pilasters is encouraged. Fences or hedges should not exceed three (3) feet in height at the fronts of buildings. Fences and landscaping to screen service areas may exceed this height, consistent with the intent and use of the space.
b. Roofs. Preference shall be given to roof pitches consistent with single-family, residential design. New England traditional or vernacular styles are preferred. Material shall be consistent with the architecture of the building. Composition shingle material is acceptable, providing that it is of high quality and provides architectural definition to the tab shingle to emulate traditional wood shingle styles. Tile, slate, or metal roofing is permitted, provided it is consistent with the architectural style of the building. Gutters and down spouts are encouraged to provide drainage away from foundations, but shall be consistent with the other architectural elements of the building. All buildings
should have a chimney to convey the look and feel of residential use.
c. Facade Element. Design of the facade shall be highly detailed and articulated to be compatible with the scale and sensitivity to the residential uses of the project. Facades should have a well defined foundation, a modulated wall element, and pitched roof or articulated cornice which defines the character of the building, and provides relation to the human scale of typical family residences.
d. Entrances. Building entrances shall comply with all current accessibility regulations, however the use of ramps and lifts is discouraged. Buildings should be designed with entrances that are barrier free for the intended residential or commercial uses. The use of sloping entry walks, covered entryways, porticos, arcades, and covered porches is encouraged. Where grade separation of an entrance is required because of site topography, accommodation should be provided in the architectural detail of the entry to allow barrier free use by building residents and visitors.
e. Door and Window Openings. Doors and windows form the transition from public to private space, and should reflect residential detailing in design and placement. The use of cornices, architectural moldings, side lights, transom lights, and raised panels in doors is encouraged. Window openings should vary between buildings, but should not be unbroken and continuous in any circumstance. The use of opening sash windows with true divided lights, or detailing to convey the character of divided lights is encouraged. The use of shutters consistent with the architecture of a building is encouraged. A wide range of material for doors and windows is acceptable, except that the use of commercial, anodized or painted
aluminum or steel storefront assemblies is discouraged.
f. Materials and Design Elements. Material chosen for exterior elements should be consistent with the intent and use of materials traditionally found in residential design in New England. Siding materials such as clapboard and shingle are preferred, and the use of new materials which reduce maintenance, but emulate the look and feel of traditional materials is encouraged. The use of a variety of trim material to provide detail at the eaves, comers, gables, pediments, lintels, sills, quoins, and balustrades is encouraged. The use of bays, towers, cupolas, cross gables, and dormers to provide unique character to a building and provide articulation of the facade is encouraged. The color palette chosen for any
building should be consistent with colors traditionally found in residential design in New England.
3.6.5.12. The ALF or ILF shall have an integrated emergency call, telephone and other communications system to provide monitoring for its residents. There shall be sufficient site access for public safety vehicles. A plan shall be approved by the Swampscott Fire Department for the emergency evacuation of the residents with emphasis on ensuring the safety of residents with physical impairments.
3.6.5.13. An ALF or an ILF may consist of a single building or multiple buildings.
3.6.5.14. Structures and uses accessory to the ALF of ILF may also be provided (with the exception of covered parking areas) within the same building, including, but not limited to, the following: beauty and barber salons; recreational, physical fitness and therapy services; nondenominational chapel; library; bank automated teller machine; management offices; adult day care or adult day health facility; hospice residence; food service; laundry and covered parking areas; provided, however, that such accessory uses and structures shall be designed for the primary use of the residents and staff of the ALF or ILF. Such accessory uses may not be designed for or used as a general business by the general public. Such accessory
uses shall be wholly be within a structure containing residential units, and shall have not exterior advertising display.
3.6.5.15. The facility shall be served by the municipal water system.
3.6.6.0. Conversion of Existing Structures. Applicants are encouraged to convert land and buildings that are no longer needed or suitable for their original use, and to permit reuses which are compatible with the character of the neighborhood and which take into consideration the interests of abutters, neighbors and the public, especially where the site abuts a residential area or the building(s) merit preservation.
3.6.7.0. Action by the Board of Appeals. The Board of Appeals may grant a special permit for an ALF/ILF where it makes the following findings:
3.6.7.1. The proposed ALF complies with the requirements of this section;
3.6.7.2. The proposed ALF does not cause substantial detriment to the neighborhood after considering the following potential consequences:
a. noise, during the construction and operational phases;
b. pedestrian and vehicular traffic;
c. environmental harm; and
d. visual impact caused by the character and scale of the proposed structure(s).
3.6.7.3. For conversions of existing structures, the Board shall find that the proposal protects the Town of Swampscott's heritage by minimizing removal or disruption of historic, traditional or significant uses, structures or architectural elements, whether these exist on the site or on adjacent properties. If the building is a municipally owned building, the proposed uses and structures are consistent with any conditions imposed by the Town Meeting on the sale, lease, or transfer of the site. The buffer requirements, minimum open space requirements, and building height requirements shall be those physically existing as of May
2, 2000. The Board may permit expansion of the structure to the degree reasonably necessary to comply with federal and state law.
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