Town of Swampscott
Article V. Administration and Procedures.
Article V.  Administration and Procedures.

5.1.0.0.  General.

5.1.1.0.  Permits.  This By-Law shall be administered by the Inspector of Buildings.  Pursuant to the State Building Code, the Inspector of Buildings may require such plans and specifications as may be necessary to determine compliance with all pertinent laws of the Commonwealth and may request advisory reviews by other municipal boards and officials.  Buildings, structures or signs may not be erected, substantially altered, moved, or changed in use and land may not be substantially altered or changed with regard to size or shape or principal use without written certification by the Inspector of Buildings that such action is in compliance with then applicable zoning, and that all necessary permits have been received under federal, state, or local law.  Issuance of a Building Permit or Certificate of Use and Occupancy, where required under the Commonwealth's State Building Code, may serve as such certification.

5.1.2.0.  Enforcement. The Inspector of Buildings shall institute and take any and all such action as may be necessary to enforce full compliance with any and all of the provisions of this By-Law and of permits, special permits, variances, and site plan approval issued thereunder, including notification of noncompliance and request for legal action through the Selectmen to Town Counsel.

5.1.3.0.  Penalties.  The penalty for violation of any provision of this By-Law, of any of the conditions under which a permit is issued, or of any decision rendered by the Board of Appeals, any special permit granting authority, or the site plan approval board shall be three hundred dollars ($300.00) for each offense.  Each day that each violation continues shall constitute a separate offense.

5.2.0.0.  Board of Appeals.

5.2.1.0.  Establishment.  The Board of Appeals shall consist of five (5) members and three (3) associate members.

5.2.2.0.  Powers.  The Board of Appeals and the Planning Board shall have and exercise all the powers granted to it by Chapters 40A, 40B, and 41 of the General Laws to the extent conferred upon it by this By-Law.  The Board of Appeal's powers are as follows:

5.2.2.1.        The Board of Appeals shall have the power to hear and decide applications for special permits, including, without limitation, dimensional special permits, site plan special permits and any other special permits permitted under this By-Law.  Unless otherwise specified herein, the Board of Appeals shall serve as the special permit granting authority, to act in all matters in accordance with the provisions of this By-Law.  The Planning Board shall have the power to hear and decide applications for site plan special permits where it serves as the Site Plan Special Permit Granting Authority pursuant to Section 5.4.3.0. below.

5.2.2.2.        The Board of Appeals shall have the power to hear and decide appeals or petitions for variances from the terms of this By-Law, with respect to particular land or structures, as set forth in G.L. c. 40A, § 10, and more specifically set forth in Section 5.5.0.0. below.  The Board of Appeals shall not grant use variances.

5.2.2.3.        The Board of Appeals shall have the power to hear and decide appeals taken by any person aggrieved by reason of his inability to obtain a permit or enforcement action from any administrative officer under the provisions of G.L. c. 40A, §§ 7, 8 and 15.

5.2.2.4.        The Board of Appeals shall have the power to hear and decide comprehensive permits for construction of low or moderate income housing by a public agency or limited dividend or nonprofit corporation, as set forth in G.L. c. 40B, §§ 20-23.

5.2.3.0.  Regulations.  The Board of Appeals and the Planning Board may adopt rules and regulations for the administration of the powers granted to it under this By-Law.  To promote consistency in the administration of Site Plan Special Permits, the Board of Appeals and the Planning Board shall within sixty (60) days of the effective date of this By-Law jointly adopt rules for the administration of Site Plan Special Permits.

5.2.4.0.  Fees.  The Board of Appeals may adopt reasonable administrative fees and technical review fees for petitions for special permits, variances, administrative appeals, and applications for comprehensive permits, provided, however, with regard to the administrative and other fees relating to Site Plan Special Permits such fees shall be jointly established by the Board of Appeals and the Planning Board.
 
5.3.0.0.  Special Permits.

5.3.1.0.  Special Permit Granting Authority.  Unless specifically designated otherwise, the Board of Appeals shall act as the special permit granting authority under this By-Law.

5.3.2.0.  Criteria.  Special permits shall be granted by the special permit granting authority, unless otherwise specified herein, only upon its written determination that the benefit to the town and the neighborhood outweigh the adverse effects of the proposed use, taking into account the characteristics of the site and of the proposal in relation to that site.  In addition to any specific factors that may be set forth in this By-Law, the determination shall include consideration of each of the following:

5.3.2.1.        Social, economic, or community needs which are served by the proposal;

5.3.2.2.        Traffic flow and safety, including parking and loading;

5.3.2.3.        Adequacy of utilities and other public services;

5.3.2.4.        Neighborhood character and social structures;

5.3.2.5.        Impacts on the natural environment; and

5.3.2.6.        Potential fiscal impact, including impact on town services, tax base, and employment.

The provisions of this Section 5.3.2.0. shall not apply to requests for dimensional special permits pursuant to Section 2.3.6.0. of this By-Law and requests for special permits pursuant to Section 2.2.7.0. of this By-Law.  

        5.3.3.0.  .  The burden of proof is on the party requesting a special permit to prove that its application meets the criteria to be eligible for a special permit.  

5.4.0.0.  Site Plan Special Permit.

5.4.1.0.  Purpose.   The purpose of this section is to provide for the protection and promotion of health, safety, convenience and general welfare of the inhabitants of the Town of Swampscott, and for promoting acceptable site planning practices and standards, and for promoting attractive, quality design and layout of commercial, industrial and residential development compatible with the Town of Swampscott neighborhoods, environment and character.

5.4.2.0.  Applicability.   For the purpose of computing the total gross floor area of a site plan, all extensions or additions to projects/developments approved within the five (5) previous calendar years shall be aggregated.  The following types of activities require a site plan special permit by the special permit granting authority:

5.4.2.1.        Commercial.  Construction, exterior alteration or exterior expansion of a non-residential structure that either: (i) changes or alters the building footprint of a development that previously required site plan approval or a site plan special permit, or (ii) involves more than eight hundred (800) square feet of gross floor area.  For the purposes of this Section 5.4.2.1., a multi-family structure shall be considered a non-residential structure.

5.4.2.2.        Residential - Addition.  Construction, exterior alteration or exterior expansion of a single or two-family residence that either: (i) changes or alters the footprint of a residence that previously required site plan approval or a site plan special permit, or (ii) involves an addition of more than eight hundred (800) square feet of gross floor area.

5.4.2.3.        Residential - New.  Any new construction of a single or two-family residence involving more than three thousand (3,000) square feet of gross floor area.

5.4.2.4.        Parking Area or Lot.  Construction or expansion of a parking lot for an exempt,  municipal, institutional, commercial, industrial, or multi-family structure or purpose, or for single- or two-family residential purposes where a parking area or lot capable of accommodating more than three (3) vehicles is proposed.  For the purposes of this Section 5.4.2.4., a parking area or lot serving a development containing more than three (3) dwelling units shall be subject to site plan approval.  Any change in size, location or number of parking spaces, circulation lanes, curb cuts, or landscaped areas of parking areas or lots that previously required site plan or a site plan special permit shall require a site plan special permit.

5.4.2.5.        Subdivision.  Any subdivision of land and subsequent construction of structures thereon.

5.4.2.6.        Adult Uses.  Any proposed Adult Use, whether in a new or existing structure, it being the intent that the entire lot, not just the individual Adult Use, shall be subject to review under this Section 5.4.0.0.

5.4.2.7.        Site Preparation.  In all districts, no site preparation shall be undertaken on a vacant lot until approval for a construction project requiring a site plan special permit is obtained from the Site Plan Special Permit Granting Authority and the Inspector of Buildings.  Site preparation is herein defined as a change in topography or cover, i.e.: excavation; dredging; filling; changing the grade; blasting; removal of trees or other vegetation.  Borings and test pits to determine subsoil conditions are not included in this definition.  If the rights under such a building permit have not been exercised within the limits provided by existing statutes, and site preparation has already commenced, the land shall be restored by means of placing a top soil and/or plantings by the applicant.  Ordinary maintenance of vacant lots shall be exempt from this subsection.

5.4.3.0.  Procedures.   In order to streamline the permitting process, the special permit granting authority for the purposes of site plan special permits under this Section 5.4.0.0. (the “Site Plan Special Permit Granting Authority”) shall be (i) the Board of Appeals if the project or development requiring the site plan special permit also requires one (1) or more additional special permits or variances from the Board of Appeals, or (ii) the Planning Board in all other cases.  In the case where a project or development requires a site plan special permit and one (1) or more additional special permits or variances, the applicant shall submit a single application for all such special permits or variances to the Board of Appeals.  Notwithstanding the foregoing, any application for a Site Plan Special Permit filed with the Board of Appeals shall be automatically transferred to the Planning Board, and the Planning Board shall become the Site Plan Special Permit Granting Authority and the Board of Appeals shall take no further action with regard to an application for a Site Plan Special Permit, in either of the following circumstances: (a) the application pending before the Board of Appeals is amended so as to no longer require any other special permits or variances (except for a Site Plan Special Permit), or (b) all of the applicant’s requests for other special permits or variances (except for the Site Plan Special Permit) are denied by the Board of Appeals.   

        Applicants for site plan special permits shall submit six (6) copies of the site plan to the Planning Board if it is the Site Plan Special Permit Granting Authority for review, nine (9) copies of the site plan to the Board of Appeals if it is the Site Plan Special Permit Granting Authority, two (2) copies of the site plan review materials with the application to the Town Clerk, and within three (3) days thereafter shall also submit a copy of the site plan materials to the Board of Health,  Inspector of Buildings, Town Engineer, Fire Department, Conservation Commission and, if the Planning Board is not the Site Plan Special Permit Granting Authority, the Planning Board, for each of their advisory review and written recommendations and/or comments.  Where the Board of Appeals is the Site Plan Special Permit Granting Authority, the Site Plan Special Permit Granting Authority shall not take final action on any Site Plan Special Permit until the earlier of (i) thirty-five (35) days after filing of the Site Plan Special Permit application with the Site Plan Special Permit Granting Authority, and (ii) receipt by the Site Plan Special Permit Granting Authority of written reports from the Board of Health,  Inspector of Buildings, Town Engineer, Fire Department, Conservation Commission and, if the Planning Board is not the Site Plan Special Permit Granting Authority, the Planning Board.  Where the Planning Board is the Site Plan Special Permit Granting Authority, the Site Plan Special Permit Granting Authority shall not take final action on any Site Plan Special Permit until the earlier of (i) twenty (20) days after filing of the Site Plan Special Permit application with the Site Plan Special Permit Granting Authority, and (ii) receipt by the Site Plan Special Permit Granting Authority of written reports from the Board of Health,  Inspector of Buildings, Town Engineer, Fire Department, and Conservation Commission.  The Site Plan Special Permit Granting Authority shall review the site plan and approve it in accordance with the requirements and procedures otherwise applicable to special permits under G.L. c.40A and this By-Law, except as otherwise expressly provided in this Section 5.4.0.0.  No deviation from an approved site plan shall be permitted without modification thereof which has received approval from the Site Plan Special Permit Granting Authority.

5.4.4.0.  Preparation of Plans.  Site Plans shall be submitted on 24_inch by 36_inch sheets.  Plans shall be prepared by a Registered Professional Engineer, Registered Land Surveyor, Architect, or Landscape Architect, as appropriate.  Dimensions and scales shall be adequate to determine that all requirements are met and to make a complete analysis and evaluation of the proposal.  Except where expressly provided otherwise, all plans shall have a minimum scale of one (1) inch equals forty (40) feet.

5.4.5.0.  Contents of Plan - Commercial.  The contents of the site plan are as follows:

5.4.5.1.        For construction activities identified in Sections 5.4.2.1., 5.4.2.4., 5.4.2.5. and 5.4.2.6., the following six (6) separate plans prepared at a scale of one (1) inch equals forty (40) feet, or other such scale as may be approved by the Site Plan Special Permit Granting Authority, shall be submitted.  The plans are as follows:

a.      Site layout which shall contain the boundaries of the lot(s) in the proposed development, locations and dimensions of proposed structures, driveways, internal roadways and access ways to adjacent public roadways, all parking areas, loading areas, walkways, and areas for snow storage after plowing.  The first sheet of this plan shall be a locus plan, at a scale of one (1) inch equals one hundred (100) feet, showing the entire project and its relation to existing areas, buildings and roads for a distance of one thousand (1,000) feet from the project boundaries or other distance as may be required by the Site Plan Special Permit Granting Authority.

b.      Topography and drainage plan showing location of all existing natural features, including ponds, brooks, streams and wetlands, and which shall contain the existing and proposed final topography at two (2) foot intervals, and plans for handling stormwater drainage.

c.      Utility and landscaping plan, which shall include the locations and dimensions of all utilities, gas, telephone, electrical, communications, water, drainage, sewer and other waste disposal facilities, the location of all hydrants, fire alarms and firefighting facilities on and adjacent to the site, the location and type of external lighting, all proposed recreational facilities and open space areas, and all wetlands including floodplain areas.

d.      Architectural plans, at a scale of one inch equals forty (40) feet, which shall include the ground floor plan and elevations for all sides of the building(s), and a color rendering.  Elevations shall show architectural styles intended and shall indicate exterior materials and colors proposed.

e.      Landscaping plan, showing the limits of work, existing tree lines, and all proposed landscape features and improvements including screening, planting areas with size and type of stock for each shrub or tree, and including proposed erosion control measures.

f.   Photometric plan if the project is located within the B1, B2, B3 or I District and proposes the addition of five (5) or more outdoor parking spaces with outdoor lighting, prepared by a lighting professional that is certified by the National Council on Qualifications for the Lighting Professions (NCQLP), or a State licensed professional engineer, architect, landscape architect or land surveyor and containing the following information:

  • Location and limits of the canopy or outdoor display area at a scale of not less than one (1) inch equals forty (40) feet (1" = 40');
  • Location and height of all canopy lighting for service stations and service station/mini-marts and all pole, building or ground mounted lighting fixtures for an outdoor display area at a vehicle sale, rental and ancillary service establishments; and
  • A photometric diagram showing predicted maintained lighting levels produced by the proposed lighting fixture facilities.
5.4.5.2.        Time and Cost Statement.  The site plan shall be accompanied by a written statement indicating the estimated time required to complete the proposed project and any and all phases thereof.

5.4.5.3.        Summary.  A written summary of the contemplated projects shall be submitted with the site plan indicating, where appropriate, the number of dwelling units to be built and the acreage in residential use, the evidence of compliance with parking and off-street loading requirements, the forms of ownership contemplated for the property and a summary of the provisions of any ownership or maintenance thereof, identification of all land that will become common or public land, and any other evidence necessary to indicate compliance with this By-Law.

5.4.5.4.        Drainage Calculations.  The site plan shall be accompanied by drainage calculations by a registered professional engineer.  Storm drainage design shall conform to Town of Swampscott subdivision regulations.

5.4.5.5.        Development Impact Statement.  The Site Plan Special Permit Granting Authority may require a Development Impact Statement (DIS) as set forth in Section 5.6.2.0. below.

5.4.5.6.        Traffic Impact Report.  The Site Plan Special Permit Granting Authority may require a report on existing traffic volume, composition, peak hour levels, and existing street capacities, estimated daily traffic generation, composition, peak hour levels, and directional flow resulting from the proposed development, proposed methods to mitigate the estimated traffic impact, and the methodology and sources used to derive existing data and estimations.

5.4.6.0.  Contents of Plan - Residential.  The contents of the site plan for single and two-family residences are as follows (plans with regard to multi-family residences shall meet the plan requirements for commercial developments set forth in Section 5.4.5.0 above):

  • For construction activities identified in Sections 5.4.2.2. and 5.4.2.3., the following plans prepared at a scale of one (1) inch equals forty (40) feet (or at such other scale as otherwise required herein or as may be approved by the Site Plan Special Permit Granting Authority), shall be submitted.  The plans are as follows:
a.      Locus plan showing the applicant’s lot and adjacent streets, and footprints of the applicant’s house and proposed addition, and showing the footprints of houses and other buildings on abutting lots.  Distances of adjacent homes to the applicant’s property lines shall be dimensional on the plan.

b.      Dimensional site plan of the entire lot showing all existing and proposed buildings, structures, driveways, curb cuts, and exterior lighting, at a scale of one (1) inch equals forty (40) feet.  Said plan shall be dimensional to show distances to all setback lines.

c.      Landscape plan showing the limits of the work, existing trees and vegetation, vegetation to be removed, proposed new landscaping with size, type and quantity of vegetation at a scale of one (1) inch equals forty (40) feet.  The site plan and the landscape plan may be combined into one (1) plan if all required information can be clearly shown on one (1) plan.

d.      Dimensional floor plans and building elevations (all sides) of existing structures and proposed additions at a scale of one-quarter (1/4) inch equals one (1) foot.  Elevations shall indicate exterior materials proposed.

5.4.7.0.  Waiver of Compliance.  The Site Plan Special Permit Granting Authority may, upon written request of the applicant, waive any of the plan requirements set forth in Section 5.4.4.0., 5.4.5.0., or 5.4.6.0. above if it determines that the project involves relatively simple development plans or the plan requirement is not necessary to adequately review and decide the petition before it.  

5.4.8.0.  Approval.  The Site Plan Special Permit Granting Authority shall make the following findings, in additions to the findings set forth in Section 5.3.2.0. above, in connection with approving any Site Plan Special Permit:  (i) any new building construction or other site alteration shall provide adequate access to each structure for fire and service equipment and adequate provision for utilities and stormwater drainage consistent with the functional requirements of the Planning Board`s  Subdivision Rules and Regulations; and (ii) new building construction or other site alteration shall be designed in the Site Plan, after considering the qualities of the specific location, the proposed land use, the design of building form, grading, egress points, and other aspects of the development, so as to:

5.4.8.1.        Minimize the volume of cut and fill, the number of removed trees six (6) inch caliper or larger, the length of removed stone walls, the area of wetland vegetation displaced, the extent of stormwater flow increase from the site, soil erosion, and threat of air and water pollution;

               5.4.8.2.        Maximize pedestrian and vehicular safety both on the site and egressing from it;

5.4.8.3.        Minimize obstruction of scenic views from publicly accessible locations;

5.4.8.4.        Minimize visual intrusion by controlling the visibility of parking, storage, or other outdoor service areas viewed from public ways or premises residentially used or zoned;
  
5.4.8.5.        Minimize glare from headlights and lighting intrusion;
 
5.4.8.6.        Minimize unreasonable departure from the character, materials, and scale of buildings in the vicinity, as viewed from public ways and places;  

5.4.8.7.        Minimize contamination of groundwater from on_site waste_water disposal systems or operations on the premises involving the use, storage, handling, or containment of hazardous substances;

5.4.8.8.        Ensure compliance with the provisions of this Zoning By-Law, including parking and landscaping; and

5.4.8.9.        Minimize adverse traffic impact of the proposed project.

The Site Plan Special Permit Granting Authority may impose reasonable conditions at the expense of the applicant, including performance guarantees, to promote these objectives.

5.4.9.0.  Applicability.  Notwithstanding anything to the contrary contained in this By-Law, at the election of the project applicant, a project that requires a Site Plan Special Permit under this By-Law shall not be required to obtain a Site Plan Special Permit for such project, but shall continue to be subject to the Pre-Existing Site Plan Approval (as defined herein), where (i) site plan approval for the project was voted on and approved by the Planning Board (regardless of when the decision was filed) on or after July 1, 2008 but prior to April 17, 2009 (referred to for the purposes of this Section 5.4.9.0. as a “Pre-Existing Site Plan Approval”), (ii) a building permit for the project was duly issued by the Inspector of Buildings on or before January 1, 2010, and (iii) the project is substantially completed on or before January 1, 2011.  Notwithstanding that the Pre-Existing Site Plan Approval was originally issued by the Planning Board, a Pre-Existing Site Plan Approval may be  amended by (a) the Board of Appeals if the project subject of the Pre-Existing Site Plan Approval requires but has not yet received one (1) or more approvals from the Board of Appeals and such amendment is required due to changes to the project required by the Board of Appeals in connection with the approvals sought from the Board of Appeals, or (b) in all other cases, the Planning Board.  Any amendment of a Pre-Existing Site Plan Approval referenced in the immediately preceding sentence shall not be considered nor shall it require a Site Plan Special Permit under this By-Law.  Notwithstanding anything to the contrary contained within this Section 5.4.0.0., for the purposes of construction of Renewable and Alternative Energy Research and Development Facilities within the I District under Section 2.1.1.8 and Section 2.2.3.0. of this By-Law (RE/AE R&D Facilities) and projects located within the Planned Development Districts (PDDs) under Section 2.1.1.7. and Section 4.5.0.0. of this By-Law, site plan review for such facilities and projects shall not be a special permit process and shall not be subject to the special permit requirements of G.L.c. 40A or this By-Law.   All RE/AE  R&D Facilities and projects within the PDDs shall be subject  to administrative site plan review by the Planning Board, and the Planning Board shall only have the right to (i) approve the site plan, (ii) approve the site plan with reasonable conditions, or (iii) deny the site plan only if the site plan fails to furnish adequate information required by this By-Law.~ Site plan review for RE/AE R&D Facilities and projects within the PDDs shall be subject to the requirements of Sections 5.4.1.0., 5.4.4.0., 5.4.5.0. or 5.4.6.0., as applicable, and 5.4.7.0. of this By-Law.  In connection with approving or approving with conditions a site plan for RE/AE R&D Facilities and projects within the PDDs, the Planning Board shall make the findings contained within Section 5.4.8.1. through 5.4.8.9. of this By-Law.  

5.5.0.0.  Variances.

        The Board of Appeals shall take the following items into consideration in determining whether or not a variance requested under Section 5.2.2.2. above should be granted:

        5.5.1.0.  .  It is only in rare instances and under exceptional circumstances that variances shall be granted.

        5.5.2.0.  .  Variances shall only be granted upon a finding that owing to circumstances related to the (i) soil conditions, (ii) shape, or (iii) topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of this By-Law would involve substantial hardship and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such By-Law.

                5.5.2.1.        Circumstances.  A lot lacking sufficient area is not eligible for a variance based solely on the fact that it has insufficient area.  A lot lacking sufficient frontage is not eligible for a variance based solely on the fact that it has insufficient frontage.
 
                5.5.2.2.        Hardships.  Any hardship demonstrated by an applicant must arise from and directly relate to the circumstance (i.e., soil conditions, shape or topography) alleged by the applicant.  By way of example, but not limitation, the following shall not be considered hardships for the purposes of obtaining a variance:

5.5.2.2(a).     Self created hardships.

5.5.2.2(b).     Hardships which would not be shared generally by anyone attempting to make a reasonable and permitted use of the same property (i.e., hardships that are personal or specific to this applicant).

5.5.2.2(c).     Personal hardships.
        5.5.3.0.  .  The burden of proof is on the party requesting the variance to prove that its application meets all of the criteria to be eligible for a variance.  
  
5.6.0.0.  Procedures for Special Permits and Variances.

5.6.1.0.  Procedures.  Applications shall be filed in accordance with the rules and regulations of the special permit granting authority.  An application shall not be deemed complete until all copies of required information and documentation have been filed with the special permit granting authority.

5.6.2.0.  Development Impact Statement (DIS).  In connection with any request for any special permit or any variance, the special permit granting authority, in its sole and absolute discretion, may require an applicant to submit to it at the sole cost and expense of the applicant, a development impact statement (DIS).  The special permit granting authority may deny any request for a special permit or variance where the DIS discloses that the proposed use does not comply with the provisions of this By-Law.  At the request of the special permit granting authority, the DIS shall be prepared by an interdisciplinary team including a Registered Landscape Architect or Architect, a Registered Professional or Civil Engineer, and/or a Registered Surveyor, and may include all or some of the following information in addition to any other such information requested by the special permit granting authority:

5.6.2.1.        Physical Environment.  

a.      Describe the general physical conditions of the site, including amounts and varieties of vegetation, general topography, unusual geologic, archeological, scenic and historical features or structures, location of significant viewpoints, stone walls, trees over sixteen (16) inches in diameter, trails and open space links, and indigenous wildlife.

b.      Describe how the project will affect these conditions, providing a complete physical description of the project and its relationship to the immediate surrounding area.

5.6.2.2.        Surface Water and Subsurface Conditions.

a.      Describe location, extent, and type of existing water and wetlands, including existing surface drainage characteristics, both within and adjacent to the site.

b.      Describe any proposed alterations of shorelines or wetlands.

c.      Describe any limitations imposed on the project by the site's soil and water conditions.

d.      Describe the impact upon ground and surface water quality and recharge, including estimated phosphate and nitrate loading on groundwater and surface water from septic tanks, lawn fertilizer, and other activities within the site.   

5.6.2.3.        Circulation Systems.

a.      Project the number of motor vehicles to enter or depart the site per average day and peak hour.  Also state the number of motor vehicles to use streets adjacent to the site per average day and peak hour.  Such data shall be sufficient to enable the special permit granting authority to evaluate (i) existing traffic on streets adjacent to or approaching the site, (ii) traffic generated or resulting from the site, and (iii) the impact of such additional traffic on all ways within and providing access to the site.  Actual study results, a description of the study methodology, and the name, address, and telephone number of the person responsible for implementing the study, shall be attached to the DIS.       

5.6.2.4.        Support Systems.

a.      Water Distribution: Discuss the water system proposed for the site, means of providing water for firefighting, and any problems unique to the site.

b.      Sewage Disposal:  Discuss the sewer system to be used, and evaluate impact of sewage disposal on the wastewater treatment facility.

c.      Refuse Disposal:  Discuss the location and type of facilities, the impact on existing Town refuse disposal capacity, hazardous materials requiring special precautions.

d.      Fire Protection:  Discuss the type, location, and capacity of fuel storage facilities or other flammables, distance to fire station, and adequacy of existing firefighting equipment to confront potential fires on the proposed site.

e.      Recreation:  Discuss the distance to and type of public facilities to be used by residents of the proposed site, and the type of private recreation facilities to be provided on the site.

f.      Schools:  Project the increase to the student population for nursery, elementary, junior high school, and high school levels, also indicating present enrollment in the nearest public schools serving these categories of students.

5.6.2.5.        Phasing.  Where development of the site will be phased over more than one (1) year, indicate the following:

a.      Describe the methods to be used during construction to control erosion and sedimentation through use of sediment basins, mulching, matting, temporary vegetation, or covering of soil stockpiles.  Describe the approximate size and location of portion of the parcel to be cleared at any given time and length of time of exposure.

b.      Describe the phased construction, if any, of any required public improvements, and how such improvements are to be integrated into site development.

5.6.3.0.  Conditions.  Special permits and variances may be granted with such reasonable conditions, safeguards, or limitations on time or use, including performance guarantees, as the special permit granting authority may deem necessary to serve the purposes of this By-Law.

5.6.4.0.  Plans.  An applicant for a special permit or variance shall submit a plan in substantial conformance with the requirements of Section 5.4.0.0., herein.

5.6.5.0.  Lapse.  Special permits shall lapse if a substantial use thereof or construction thereunder has not begun, except for good cause, within twelve (12) months following the issuance of the special permit approval (plus such time required to pursue or await the determination of an appeal referred to in G.L. c. 40A, § 17, from the grant thereof) with the Town Clerk.  Variances shall lapse in accordance with the provision of G.L. c.40A, § 10.

5.6.6.0.  Regulations.  The special permit granting authority may adopt rules and regulations for the administration of this section.

5.6.7.0.  Fees.  The special permit granting authority may adopt reasonable administrative fees and technical review fees for applications for special permits and variances.

5.7.0.0.  Applicability/General Provisions.

5.7.1.0.  Other Laws.  Where the application of this By-Law imposes greater restrictions than those imposed by any other regulations, permits, restrictions, easements, covenants, or agreements, the provisions of this By-Law shall control.

5.7.2.0.  Conformance.  Construction or operations under a Building Permit shall conform to any subsequent amendment of this By-Law unless the use or construction is commenced within a period of six (6) months after the issuance of the permit, and in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable.

5.7.3.0.  Section Headings.  Headings contained within this By-Law are for convenience and are not intended to have substantive meaning.

5.8.0.0.  Partial Invalidity.  

The invalidity of any section or provision of this By-Law shall not invalidate any other section or provision herein.

5.9.0.0.  Amendments.

This By-Law may from time to time be changed by amendment, addition, or repeal by the Town Meeting in the manner provided in G.L. c. 40A, § 5, and any amendments thereto.

5.10.0.0.  Adult Uses.

        5.10.1.0.  Purpose and Intent.   The purpose of this article is to establish reasonable and uniform regulations of adult entertainment uses within the Town of Swampscott.  The intent of the By-Law is to address and mitigate the negative secondary effects of adult entertainment uses. Numerous studies have documented that the quality of life in a community is degraded by adult entertainment establishments as a result of increased levels of crime including crimes against children, prostitution and drugs; depreciation of property values; adverse impacts on public health including noise, litter, unsanitary conditions, and traffic.  The provisions of this By-Law have neither the purpose nor the effect of imposing limitation or restriction on the content of any communicative materials including sexually oriented materials; and it is not the intent nor effect of this article to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of adult entertainment to their intended market.  It is neither the intent nor the effect of this article to condone or legitimize the distribution of obscene or other illegal matter or materials.

        5.10.2.0.  Definitions.  .
        
        (a) Adult Uses:  A business, including Adult Bookstores, Adult Motion Picture Theaters, Adult Paraphernalia Stores, Adult Video Stores and any other business which display live nudity located in a building or portion thereof, or a use of land having a substantial or significant portion of its business activity, stock in trade or other matter or materials for sale, rental, distribution or exhibition, which are distinguished or characterized by their emphasis on depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL Chapter 272, Section 31.  For purposes of this By-Law, each of the businesses defined, as an adult use herein shall constitute a separate adult use business even if operated in conjunction with another adult use business at the same establishment.  

        (b)     Adult Bookstore:  A business having as a substantial or significant portion of its stock in trade, books, magazines, periodicals, pictures and other matter which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in MGL Chapter 272, Section 31.

        (c) Adult Motion Picture Theater:  An enclosed building or outdoor venue used for public uses, for presenting material (motion pictures, films, video cassettes, cable television, slides, DVDs or any other such visual or electronic media) distinguished by an emphasis on matter depicting, describing, or relating to sexual conduct or sexual excitement as defined in MGL Chapter 272, Section 31.

        (d) Adult Paraphernalia Store:  A business having as a substantial or significant portion of its stock in devices, objects, tools, toys or electronic media which are distinguished or characterized by their association with sexual activity, including sexual intercourse, sexual conduct or sexual excitement as defined in MGL Chapter 272, Section 31.

        (e) Adult Video Store:  A business having a substantial or significant portion of its stock in trade (for sale or rent) motion pictures, films, video cassettes, DVDs and other film material or similar audio/visual media and electronic media which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in MGL Chapter 272, Section 31.

        (f) Businesses Which Display Live Nudity:  A business offering activities or goods or providing services where employees or entertainers are engaging in full or partial nudity, sexual conduct or sexual excitement as defined In MGL Chapter 272, Section 31.

        (g)     Nudity as defined in M.G.L. c. 272, §31.

        (h) Sexual Conduct as defined in M.G.L. c. 272, §31.

        (i) Sexual Excitement as defined in M.G.L. c. 272, §31.

        (j) Substantial or significant portion of stock:  Used within this By-Law shall mean any of the following:

                (i)     twenty (20%) percent or more of the business square footage, inventory or stock of merchandise for sale, rental, distribution, or exhibition during any period of time;

                (ii) twenty (20%) percent or more of the annual number of gross sales, rentals, or other business transactions; or

(iii) twenty (20%) percent or more of the annual gross business inventory; or

                (iv) twenty (20%) percent or more of the hours during which the establishment is open.

        (k) Business:  The term "business", used within this By-Law, refers to certain types of goods and services.

        5.10.3.0.  Applicability / Eligibility Requirements.  

        (a) Adult Uses shall be prohibited in all zoning districts, except for the I District.

        (b) No more than one (1) Adult Use shall be allowed to operate within the same building, structure or portion thereof.

        (c) All Adult Uses are subject to a special permit by the Zoning Board of Appeals

        (d) All Adult Uses located within a building, structure or portion thereof require a Site Plan Special Permit from the Board of Appeals.  

        (e) A special permit for an adult use shall lapse upon any of the following:

(i) A change in the location of the adult uses;
(ii)    A sale, transfer or assignment of the business or the license;
(iii) A change in the ownership or management of the applicant.

        (f) Any adult use granted a special permit shall comply with all other Town By-Laws and all Federal and State statues regarding public nuisances, sexual conduct, lewdness, obscene or harmful matter, or the exhibition or public display thereof.

        (g) Adult Book Stores, Adult Paraphernalia Stores and Adult Video Stores shall not be permitted to open for business earlier than 10:00 a.m. and close no later than 9:00 p.m.

        (h) Businesses which display live nudity and adult motion picture theaters shall not be permitted to open for business earlier than 10:00 a.m. and close no later than 9:00 p.m.

        (i) No adult use special permit shall be issued to any person, corporation, officer, director, general partner convicted of violating the provisions of M.G.L. c.119, S. 63 or M.G.L. c. 272, S. 2, 3, 4, 4A, 6, 7, 8, 12, 13, 28 and M.G.L c. 265 S. 13B, 13F, 13H, 22, 22A, 23, 24, and 24B.  If any person so identified is found to be convicted of violating these MGL's, such Special permit shall immediately null and void.

        (j) No adult use shall be allowed to disseminate or offer to disseminate adult matter or paraphernalia to minors or suffer minors to view displays or linger on the premises.

        (k) Any adult use special permit granted shall expire after a period of two (2) calendar years from its date of issuance and shall be automatically renewable for successive two (2) year periods thereafter, provided that a written request for such renewal is made to the special permit granting authority prior to the expiration of the then-existing two (2) year period, subject to the request being noticed as specified in MGL Chapter 40A, Section 9.  Said notice shall state that the renewal request will be granted unless, prior to the expiration of the then existing permit, a written objection from any individual or entity is received by the Zoning Board of Appeals.  In the event of such an objection, a public hearing on the renewal shall be held in accordance with MGL Chapter 40A, Section 9.  The existing Special Permit shall remain in effect until the conclusion of the public hearing and decision of the Zoning Board of Appeals either granting or denying the Special Permit renewal, in accordance with the provisions of Section 5.10.7.0.  In granting any such renewal, the Board of Appeals may impose additional conditions, including, without limiting the foregoing, time limits to correct violations, hours of operations and additional screening, upon which a specified lapse of time without correction or compliance shall result in a revocation of the Special Permit.

        5.10.4.0.  Location Requirements.   Adult uses shall be setback from the following uses as follows:

        (a) five hundred (500) feet, measured from the structure to the property line of any lot used for residential purposes, including, but not limited to, such uses as elderly housing, assisted living and nursing homes.  Hotels and motels are not considered residential uses for purposes of this section of the By-Law.

        (b) five hundred (500) feet, measured from the structure to the property line of any lot used for a public or private school, state approved childcare facility, or nursery school.

        (c) five hundred (500) feet, measured from the structure to the property line of any lot used for a church or other place used for religious purposes.

        (d) five hundred (500) feet, measured from structure to structure for any of the following uses where children congregate, including, without limitation, as listed below:

i.      Bowling Alleys
ii.     Video (electronic) arcades
iii.    Ice Skating Rinks
iv.     Laser Tag arcades
v.      Billiard (pool) halls
vi.     Roller Skating Rink
vii.    Mini Golf
viii. Golf / Driving Range
ix.     Baseball Batting Cages
x.      Basketball Courts
xi.     Sports Fields

        (e) five hundred (500) feet, measured from structure to the property line of any park or playground.

        (f) five hundred (500) feet, measured from one adult use to another adult use.
        
        The distances specified above shall be measured by a straight line from the nearest exterior wall of the structure in which the proposed adult use is to be located to the nearest property line.  For purposes of measuring the required five hundred (500) feet separation between two adult uses and the required five hundred (500) feet separation between an adult use and a use where children congregate, as listed above, located within a free standing building or structure, the distance shall be measured by a straight line between the nearest exterior walls of the building or structure.  Where an adult use or any of the other uses, as specified above, are located within a portion thereof of a building or structure, the distance shall be measured by a straight line between the nearest patron entrance to the nearest patron entrance.

        5.10.5.0. Site Development Standards.  

        (a) All adult use businesses shall comply with the dimensional requirements of the underlying zoning district.

        (b) The establishment or maintenance of more than one (1) adult business in the same building, structure or portion thereof is prohibited.

        (c) For all new construction, a continuous landscaped buffer strip shall be installed along the entire perimeter of the lot, except that portion directly needed for access / egress.  In the case of an existing structure, whether free-standing, free-standing as part of a larger development or attached as a group of individual stores, the site shall be modified to the maximum extent reasonable to provide a continuous landscaped buffer strip along the entire perimeter of the lot.  For purposes of this provision, a continuous landscaped buffer strip shall be defined as a mix of deciduous and evergreen vegetation for a minimum width of ten (10) feet.  

        (d) No signs, advertisement, display or other implements or items shall be displayed in the windows of the business.

        (e) All building openings, entries and windows shall be screened in such a manner as to prevent visual access to the interior of the establishment by the public.

        (f) No adult use shall have any flashing lights visible from outside the establishment.

        5.10.6.0.  Application Requirements.  The application for a Special Permit for an Adult Use shall include the following information:

        (a) A completed Adult Use Special Permit application and application fee as required.

        (b) A sworn statement stating that neither the applicant, nor the manager, in the Adult use business has been convicted of violating the provisions of MGL Chapter 119, Section 63 or MGL Chapter 272, Section 28;

        (c) Proposed provisions for securing the safety of the public inside and outside the Adult Use business;

        (d)     The present and proposed physical layout of the interior of the Adult Use business.

        (e) A locus map highlighting the subject property, displaying the property lines of adjacent lots and building footprints, where applicable, within 1000 feet and the distance measurements to the uses as listed in Section 5.10.4.0 above.  This map shall be a minimum size of 24" x 36" and a minimum scale of 1"=500'.  For purposes of verifying distance measurements, the Zoning Board of Appeals may require a smaller scale than 1"=500'.

        (f) A Site Plan in accordance with Section 5.4.0.0. of this zoning By-Law.  Notwithstanding the requirements of Section 5.4.0.0. of this zoning By-Law, for an application without any exterior construction or modification, the Site Plan shall consist of an existing conditions and proposed landscape Plan.

        (g) A letter from the property owner acknowledging submittal of the proposed application.

        (h) Identification of the type of adult use business that is being requested

        (i) If the applicant is a person, then he /she shall sign the application under the pains and penalties of perjury

        (j) If the applicant is a corporation or other entity other than an individual, each officer, director, general partner, trustee, or other person who will participate directly in decisions relating to management shall sign the application under the pains and penalties of perjury and each person signing the application shall be considered a permittee,

        (k) Each person signing the application must be qualified in accordance with Section 5.10.6.0.(b)
        
        5.10.7.0.  Criteria for Approval.   For purposes of a special permit to allow an Adult Use, the criteria for approval shall be limited and narrowed based upon definite and objective standards, regardless of all other approval criteria within this By-Law.  The Board of Appeals shall grant a special permit for an Adult Use in accordance with this section unless it finds that the proposed adult business taken alone or in combination with other special permitted activities on the premises, would adversely affect the public health, safety or order in that the permitted activities cannot be conducted in a manner as to:  

        (a) Protect employees, patrons and members of the public inside or outside the business from disruptive conduct, from criminal activity, or from health, safety or fire hazards;

        (b) Prevent an unreasonable increase in the level of noise in the area caused by the adult business or caused by patrons entering or leaving the business;

        (c) Prevent an unreasonable increase in the level of pedestrian or vehicular traffic in the area of the business or an unreasonable increase in the number of vehicles to be parking in the area of the business;   

        (d) Compliance with the dimensional, parking and other requirements of this By-Law, where applicable; and

        (e) Compliance with any and all requirements for Adult Uses as set forth in this By-Law, and any and all other state, federal or local regulations or statutes.

        5.10.8.0.  Severability.   The provisions of this section are severable and, in the event that any provision of this section is determined to be invalid for any reason, the remaining provisions shall remain in full force and effect.

5.11.0.0.  Accessory Apartments.  The provisions of this Section 5.11.0.0. outline the considerations and requirements for approval of Accessory Apartments (“AA”).  The intent and purpose of this Section 5.11.0.0. is as follows:

5.11.0.1.       Provide for flexibility within the existing zoning By-Law to afford an opportunity to accommodate additional living arrangements;

5.11.0.2.       A plan for changing demographics and economic climate;

5.11.0.3.       Increase supply of affordable housing;

5.11.0.4.       Provide housing options for extended family; and

5.11.0.5.       Ensure compliance of new and existing AA’s with building, safety, fire code standards and zoning provisions.
5.11.1.0.  Definitions

5.11.1.1.        Accessory Apartment or AA:    an area contained within an owner occupied single-family dwelling unit that maintains internal access and circulation to the dwelling unit, restricted to not more than two (2) bedrooms and no more than three (3) occupants, consisting of provisions for bathing, cooking and sleeping.   The inclusion of an AA within a single family dwelling unit does not create a two-family dwelling.  Furthermore, internal walls and doors, for purposes of privacy, and additional means of access / egress are not precluded.  The AA shall be ancillary / subordinate in size, location and function to the dwelling unit.  An AA shall only be permitted within a single-family dwelling and not within a detached accessory building.
5.11.2.0.  Applicability / Eligibility  The Board of Appeals may issue a special permit to allow an AA in a single family home or for an expansion of an existing lawfully existing AA.
5.11.3.0.  Design Standards for Accessory Apartments

5.11.3.1.   Only one (1) AA may be created per lot.
        
5.11.3.2.   All new entrances shall be located on the side or rear of the structure, if proposed.

5.11.3.3.   The AA shall not have more than three (3) occupants.

5.11.3.4.   The AA shall not have separate or independent utilities, such as water, sewer and electricity, from the dwelling unit.
 
5.11.3.5.   An AA shall not exceed eight hundred (800) sq. ft.

5.11.3.6.  The owner(s) of the residence in which the AA is created must continue to occupy either the primary dwelling unit or the AA as their primary residence, except for bona fide temporary absences.

5.11.3.7.    The Board of Appeals shall have the discretion to review and require additional on-site parking.  All parking requirements for the AA shall be provided on the property within existing designated parking areas.
5.11.4.0.  Use Restriction   To ensure continued compliance with owner-occupancy and other By-Law requirements by current as well as by any subsequent owners, AA’s permitted under this By-Law shall be subject to a Use Restriction, to be recorded in the Essex Registry of Deeds.  The Use Restriction, to be provided by the Inspector of Buildings, shall be the only form acceptable and shall include the following:

  • Notice that the existence of the AA is predicated upon occupancy by the owner, to whom the permit has been issued;
  • Notification to a buyer of the AA By-Law
  • Upon sale of the property, the new owner shall be required to file an application for a new special permit to maintain the AA;
  • Within thirty (30) days of receipt of a letter from the Inspector of Buildings determining a violation, a special permit shall be sought for the continuation of the AA.  Failure to apply for the Special permit within thirty (30) days shall result in the AA being discontinued and the special permit shall automatically lapse and be null and void;
  • Require that current and future property owners notify the Inspector of Buildings in the event the AA has been or will voluntarily be discontinued; and
  • The dwelling unit remains a single family dwelling unit and the AA cannot be used except in accordance with the requirements of this By-Law and any conditions set forth in the applicable special permit.   
5.11.5.0.  Procedural Requirements   The Board of Appeals shall hold a public hearing, in accordance with M.G.L Chapter 40A, Section 9, for AA’s allowed by special permit.  Prior to the issuance of a building permit, the property owner shall file a copy of the executed use restriction required pursuant to Section 5.11.4.0. above, and submit to the Inspector of Buildings evidence that it has been recorded in the Essex Registry of Deeds.
5.11.6.0.  Application Requirements  Prior to a building permit being issued for an AA, the applicant shall provide the following to the Inspector of Buildings:

    a. A completed application and filing fee as required.
    b.    Adequate information to determine compliance with the provisions set forth herein.  This shall include, but not be limited to, a site plan, interior floor plans and building elevations.
    c.    A copy of the recorded Use Restriction in accordance with Section 5.11.4.0. above.
5.11.7.0.  Criteria for Approval  The Board of Appeals may grant a special permit for an AA based upon making the findings set forth in Section 5.3.2.0. and upon determining that the proposed AA otherwise complies with the requirements of this By-Law.  In order to provide adequate dwelling units for disabled and handicapped individuals, the Board of Appeals will allow reasonable deviation from the stated conditions where necessary to install features that facilitate access and mobility for disabled persons in addition to any requirements in accordance with the Mass. State Building Code and as exempt pursuant M.G.L. Chapter 40A, Section 3.
5.11.8.0.  Monitoring, Inspections & Enforcement   The following methods are available to ensure continued compliance with these regulations as set forth:

  • In accordance with Section 5.11.4.0.(c), upon the sale of the property, the new owner shall be required to file a new application with the Inspector of Buildings.  Upon filing, the Inspector of Buildings shall conduct an inspection of the AA for purposes of verifying compliance.
  • The Inspector of Buildings shall keep a cumulative list of all lawfully existing AAs in the Town of Swampscott and shall conduct annual inspectors of each such AA to confirm its compliance with the requirements of this By-Law, the applicable special permit and all applicable legal requirements.  The Inspector of Buildings shall impose a inspection fee to be paid annually by each owner of an AA, provided, however, (i) such fee shall in no event be less than $100.00, (ii) such fee shall be due and payable on or before February 1st of each year, and (iii) failure of an owner of an AA to pay such fee within thirty (30) days of the date required shall be deemed a violation of this By-Law and a violation of the applicable special permit.  If a complaint is filed with the Inspector of Buildings with regard to an unauthorized AA, the Inspector of Buildings shall inspect the AA for purposes of determining whether there is a violation.  If a violation exists, the owner shall apply to the Board of Appeals, within thirty (30) days from the receipt of letter from the Inspector of Buildings for a special permit for the continuation of the AA.  Failure to apply for the special permit within thirty (30) days shall result in the AA being discontinued.  
5.11.9.0    Pre-Existing AA’s.   AA’s that were in existence prior to January 1, 2007 may be continued regardless of whether it complies with the Design Standards set forth in Section 5.11.3.0. and without the requirement of a Special Permit as set forth in Section 5.11.2.0 above provided that the following conditions are fulfilled:

  • Said AA was in existence prior to January 1, 2007 and has been occupied for at least six (6) months since January 1, 2007 (The owners shall have the burden of proof to demonstrate such by furnishing evidence the existence of said AA); and
  • Provided that an application to the Inspector of Buildings is submitted within 90 days from the date of approval of these regulations by the Attorney General, together with an non-refundable application fee in the amount of $350.00; and
  • Provided that the applicant otherwise complies with the requirements set forth in Section 5.11.4.0. and 5.11.8.0.
The owner of any AA that was in existence prior to January 1, 2007 that does not comply with the requirements of this Section 5.11.9.0.shall not be entitled to the protections of this Section 5.11.9.0. and must within 90 days from the date of approval of these regulations by the Attorney General either (i) immediately vacate and discontinue the use of such AA, or (ii) apply to the Board of Appeals for a Special Permit pursuant to Sections 2.2.3.0. and 5.11.2.0. of this By-Law and the AA will be subject to all of the requirements of Section 5.11.0.0. of this By-Law.
5.12.0.0.  Drive-Throughs.  The provisions of this Section 5.12.0.0. outline the considerations and requirements for approval of Drive-Throughs.  
5.12.1.0.  Design Criteria  All Drive-Throughs must meet the following design criteria and the Board of Appeals shall, in addition to the findings set forth in Section 5.3.2.0. above, make findings confirming that each of the following design criteria have been met:

                5.12.1.1.  The design and location of the Drive-Through will not contribute to increased congestion on public or private streets or alleys adjacent to the subject property.

5.12.1.2.   The design and location of the Drive-Through will not impede access to or exit from the parking lot serving the business, impair normal circulation within the parking lot or impede pedestrian movement.
5.12.1.3.    The design and location of the Drive-Through will not create a nuisance for adjacent properties.
5.12.1.4.     A Drive-Through with a separate ordering point (including ordering box) and pick-up window shall provide stacking space for at least six (6) vehicles in advance of each ordering point and stacking space for at least four (4) vehicles between each ordering point and pick-up window.  Where the ordering point and pick-up point are via the same window, the Drive-Through shall provide stacking space for at least ten (10) vehicles in advance of such window.  For the purposes of this Section 5.12.1.4., the dimension of each vehicle for the purposes of planning the stacking space shall be twenty (20) feet in length by ten (10) feet in width.
5.12.1.5.    Entrances to drive-up lanes shall be at least twenty-five (25) feet from driveways entering a public or private street or alley.
5.12.1.6.    Drive-through service facilities shall not be considered as justification for reducing the number of required parking spaces.
5.12.1.7.    The minimum width of each drive-through lane shall be ten (10) feet.  The entrance to the lane and the direction of traffic flow shall be clearly designated by signs and pavement marking or raised curbs.
5.12.1.8.   The drive-through lane shall be designed to permit vehicles to leave or escape the drive-through lane without reversing the vehicle and without any obstruction that would prevent such vehicle to leave or escape.

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