SECTION 6.0 GENERAL REGULATIONS

6.1 OFF-STREET PARKING

6.1.1 Parking Requirements in All Districts. In all districts, there shall be provided and maintained improved off-street automobile parking spaces in connection with the erection, establishment or increase by units or dimensions of buildings, structures and uses, in the following amounts. For the purposes of this Section, "gross floor area" means the total floor area contained within the exterior walls, including any mezzanine, space used for heating, cooling and other utilities and for incidental storage.

Calculating required or proposed parking need shall be performed by an applicant in the following three step process,

1. Identify proposed use(s) in the Table of Use of this bylaw

2. Determine required parking (Section 6.1.1)

3. Apply allowed parking reductions shared parking calculations, or exemptions to the baseline parking calculation listed in 6.1.2 or 6.1.3

PRINCIPAL USE REQUIRED PARKING Detached dwelling unit Two spaces Dwelling unit-multifamily dwelling One (1) space per bedroom Assisted Living Facilities 0.5 spaces/1,000 building gross square footage plus employee parking as deemed adequate by the Board of Appeals Boarding and lodging houses, hotels, One parking space for each sleeping motels room for single or double occupancy, or, where not divided into such rooms (as in a dormitory), one space for each two (2) beds In-patient medical facilities: long-term 2.5 spaces/ 1,000 building gross square care facilities, hospitals, or in-patient footage substance abuse detoxification or treatment centers

-23- Out-patient medical facilities: clinics, 4.0 spaces/ 1,000 building gross square medical offices, or out-patient substance footage abuse detoxification or treatment centers

Places of public assembly, including One (I) parking space for each two (2) meeting halls, auditoriums and stadiums, seats. Where benches are used each two libraries, museums, art galleries, (2) lineal feet of bench shall equal one community buildings, private clubs and seat; where no fixed seats are used (as in lodges, funeral parlors, restaurants (except a terminal or dance hall) each twenty fast food restaurants), and other eating and (20) square feet of public floor area shall drinking establishments, theaters, bowling equal one seat. alleys, dance halls and other amusements, bus depots and other passenger terminals

Restaurants (except fast food One (1) parking space for each three restaurants), and other eating and (3) seats. drinking establishments

Fast food restaurants One (1) parking space for each four (4) seats.

Recreational uses not involving intensive Sufficient parking spaces as are deemed assembly, such as boat liveries, riding adequate by the Board of Appeals to stables, ski grounds, golf driving ranges, accommodate the automobiles of and the like employees and patrons during peak usage periods of a normal in-season Saturday or Sunday.

Retail stores and offices, including Three (3) parking spaces per 1,000 salesrooms and showrooms, consumer square feet of gross floor area service establishments, public administration buildings, business and professional offices, executive and administrative offices, banks and other financial institutions

-24- All other business uses, including drive- Sufficient spaces as are deemed ins, open air sales lots, automobile adequate by the Board of Appeals to repair garages and motor vehicle fuel accommodate the automobiles of stations. employees and patrons under conditions expected during the peak business hours of the day.

Storage, distribution, manufacturing One (1) parking space per 1,000 and industrial uses, including shops of square feet, or one (1) space per 3 the building trades, wholesale employees, whichever is less showrooms, printing and publishing establishments, warehouses, contractors’ plants, lumber yards, trucking terminals, laboratories and utility plants

Mixed Uses Shared parking calculation (6.1.2)

6.1.2 Reduced Minimum Parking Requirements. The following scenarios are eligible for parking reductions as a special permit by the Zoning Board of Appeals:

1. Shared parking or mixed-use developments. Notwithstanding the normal provisions of Sections 6.1 and 6.2, where two or more activities or uses provide the required parking or loading in a common parking facility or loading area, the number of parking spaces or loading bays ordinarily required may be reduced below the sum of the spaces or bays required for the separate activities or uses, if it can be demonstrated that the hours, days, or peak parking or loading demand for the uses are so different that a lower total will provide adequately for all uses or activities served by the parking facility or loading bay, and that the location of the parking facility in relation to the uses proposed to be served by it is appropriate. A special permit authorizing such deviation from the normal standard shall only be granted upon the submission of calculated parking demand for combined land uses based on methodologies and indices of the Institute of Transportation Engineers, Urban Land Institute,

-25- or other recognized methodology approved in writing by the Zoning Board or its representative. The parties must sign a joint use agreement.

2. Reduction of Required Parking for Specific Use. Where it can be demonstrated that a use or establishment needs a lesser number of parking spaces or loading bays than is required by Sections 6.1 and 6.2, the number of such parking spaces or bays may be reduced by not more than twenty percent (20%). Additional reduction in parking may be allowed (no limit) if the applicant can show enough available land (parking reserve or landscaped reserve) to create additional parking in the future if the use or parking demand increases. An applicant shall submit documentary evidence satisfactory to the Zoning Board of Appeals that the parking or loading experience of the specific use justifies a lesser number of spaces or bays. A special permit granted under this authority shall lapse upon change to a different type of use or an increase in intensity of the existing use, and shall not be considered to constitute a legal nonconformity with respect to parking for any new use.

3. Proximity to pubic transportation or public parking. In the Canton Center Economic Opportunity District, the total off-street parking requirement may be reduced up to 10% for any use. In the Central Business Area only, the required number of spaces for nonresidential uses shall be 50% of the number indicated in Section 6.1.1.

4. Programs to Reduce the Demand for Parking: For non-residential uses that require 40 or more parking spaces, the minimum parking requirements may be reduced up to 30% total by substituting transportation demand management programs including: a. For every certified carpool space, the total parking requirement may be reduced by 1 up to a maximum of 30% of the total parking requirement; b. For every certified vanpool purchased or leased by the applicant for employee use, the total parking requirement may be reduced by 6 spaces up to a maximum of 20% of the total parking requirement; c. If transit passes are provided or subsidized to all employee and a transit stop is within ¼ mile of the development (or an employee shuttle provided to nearby transit stations), the total parking requirement may be reduced up to 10%; and d. For every 4 bicycle spaces provided, the total parking requirement may be reduced by 1 space up to a maximum of 5% of the total parking requirement; e. May replace existing parking spaces (or minimum parking required) with areas for shared-ride pick up/drop off zones, shared bicycle parking, or carshare parking.

5. Fee-in-lieu. If a new or changed use allowed in the Canton Center Economic Opportunity District is unable to meet the off-street parking requirements, it may be required as a part of a Special Permit to pay an annual fee per space (ranging from $50 to $100 per space each year) to the Town’s Traffic

-26- Management revolving fund. The accrued money from this fund will help finance additional public parking spaces, improve the utilization of existing public parking spaces, or reduce the need for new parking in the Canton Center Economic Opportunity District through “Complete Streets” projects.

6.1.3 Exceptions. Notwithstanding the other provisions of this Section, off-street parking spaces need not be provided in the following cases:

1. For detached family dwellings in any district where the computed requirement is two (2) spaces or less.

2. For stores, offices and other lawful uses located in a Business District within the Central Business Area (as herein defined) where the total requirement of all uses in the same building, or in the same establishment if occupying more than one building, is five (5) spaces or less.

6.1.4 Changes In Requirements. Whenever after the date of adoption of this By-Law, there is a change in the lawful use of the premises or in any unit of measurement specified in any of the foregoing paragraphs of this section, which change separately or when combined with previous changes, creates a need for an increase or decrease of more than ten per cent (10%) of the number of off-street parking spaces as determined by the provisions of this section, more off-street parking spaces shall, and fewer spaces may, respectively, be provided within six (6) months on the basis of the adjusted needs.

1. Where parking requirements of a building constructed after adoption of the Design Standards are to be met by utilizing spaces previously constructed in connection with an earlier building or buildings, those spaces directly related to the requirements of the new buildings shall conform to these Design Standards as shall all related access drives and aisles.

6.1.5 Location of Facilities. Off-street parking spaces, to the extent required in Section 6.1 shall be on the same lot or premises with the parking generator. Alternately, off-street parking spaces shall be allowed on any lot or premises associated therewith a substantial portion of which, at least, is within five-hundred (500) feet of such generator under the following conditions. For non-residential uses where off-street parking spaces cannot be reasonably provided on the same lot as the principal use, the Zoning Board of Appeals may grant exceptions to allow provision of the required spaces on a separate lot or lots within a radius of five-hundred (500) feet, measured from the lot line to the principal use, Clear, safe, and ADA accessible pedestrian connections must be provided. Pedestrians should not be required to cross an arterial street except at a signalized intersection along the pedestrian pathway.

-27-

6.1.6 General Design. Off-street parking facilities and connecting drives between such facilities and the street shall be designed to insure the safety and convenience of persons traveling within or through the parking area, and between the parking facility and the street. The provisions outlined herein shall be considered minimum criteria for evaluating such design.

1. The surfaced area of parking lots and all entrance and exit drives shall be set back a minimum of five feet from all lot lines, except when an access drive crosses the street layout. Such setback shall be seven feet where two feet of setback area is included in minimum stall depth as provided herein. Such setback area shall be landscaped and maintained.

2. Parking to be on the Same Lot. Required off-street parking spaces and loading bays shall be provided on the same lot as the principal or accessory use they are required to serve, except that some parking spaces may be provided on a separate lot or on-street as provided in Section 6.1.2 and 6.1.5.

3. Parking and Loading Areas Separated. No area may be utilized and counted as both a required parking space and a required loading bay. However, maneuvering aisles and driveways may serve both required parking and loading bays if they meet the design standards of each. Existing areas used for both parking and loading shall be counted for loading purposes.

4. Parking in Structures (see Section 6.1.14)

5. Front Yard Parking and Loading in the Canton Center Economic Opportunity District. To maintain a pedestrian-friendly environment, motor vehicle parking spaces shall be located behind or beside buildings to the maximum extent possible. Motor vehicle parking shall not be located directly between the building and the street alignment.

6.1.7 Spaces. Each space shall be in a parking lot designed with appropriate means of vehicular access between each space and the street and shall have minimum dimensions of nine (9) feet by eighteen (18) feet exclusive of access drives or aisles except in the following instances:

1. Parking spaces parallel to the flow of traffic shall have minimum dimensions of eight (8) feet by twenty-one (21) feet.

2. Stall depth may include up to two (2) feet of any landscaped area adjacent to the front or rear of a stall and used for bumper overhang.

3. Spaces in parking lots shall be set back from the street lot line to whatever extent may be necessary in the specific situation, as determined by the Zoning Board of Appeals, to avoid the probability of cars backing or otherwise maneuvering on the sidewalk upon entering or leaving the space. In no other case

-28- shall parking lots be designed to require or encourage cars to back onto a public or private way in order to leave the lot.

4. Smaller stalls for compact cars are allowed and recommended, up to 30% of the off-street parking provided. Compact car spaces shall not be less than 8 feet by 16 feet. Compact-size parking spaces shall be grouped together to the greatest possible extent in areas clearly designated for compact cars. Parking lots shall have a system of signs that clearly indicates the location of compact car spaces. For parking areas with twenty or more spaces, together with any reduction in total parking area obtained as a result of using compact-sized paces, an equal or greater area of open space shall be provided in addition to minimum landscaping requirements required by the lot coverage provisions of Section 6.1.11.

6.1.8 Aisles. Aisles providing vehicular access to individual parking spaces shall be a minimum of twenty-four (24) feet in width where spaces are laid out and at an angle of ninety (90) degrees to the aisle. Aisles designed for one-way traffic flow with parking spaces laid out at an angle less than ninety (90) degrees to the direction of vehicle travel may have reduced widths as indicated in the following table:

Parking Angle Minimum Aisle Width 30 degrees 12 feet 45 degrees 13 feet 60 degrees 18 feet

6.1.9 Maintenance. Parking facilities and connecting drives shall be provided and maintained with a permanent, dust free surface with individual spaces properly marked and maintained. Adequate drainage shall be provided. Permeable paving for parking stalls is allowed, as long as it meets other applicable maintenance requirements.

6.1.10 Use for Parking Only. Required spaces shall be used for automobile parking only, with no sales, dead storage, repair work, dismantling, or servicing of any kind.

6.1.11 Landscaping; Parking Areas with Twenty or More Spaces. All proposed parking areas with twenty (20) or more parking spaces and all proposed truck loading areas with four or more bays shall be shown on a Site Landscape Plan prepared by a registered professional Landscape Architect. The plan shall show the layout of the parking area or leading bay, the access and egress, location of trees and shrubs, location and type of any proposed lighting, loading spaces and the provisions for surface and subsurface drainage. These requirements are in addition to the requirements for greenbelts in Limited Industrial District and Industrial District.

1. The landscaped area shall be at least five (5) percent of the total interior parking lot area and five (5) percent of the loading bay area. Landscape areas shall be an integral part of the parking lot or loading bay and shall contain an

-29- appropriate mix of shade trees and other plants, such as vegetated islands with bioretention areas. Planting along the exterior perimeter of a parking area, whether for required screening or general beautification, shall not be considered part of the five (5) percent interior landscape

6.1.12 Parking Areas with Fifty (50) or More Spaces. Any parking area designed to accommodate more than fifty (50) motor vehicles at a time shall contain access drives which shall be bounded by granite or concrete curbing broken only at intersections with other access drives, parking aisles and/or the street or where such curbing would be contrary to good engineering practice. Bicycle racks shall be provided to accommodate one bicycle per 20 parking spaces required.

6.1.13 Access Drives. Access drives shall be a minimum of thirty (30) feet wide unless a median island is provided between opposing directions of vehicular travel. Drive connections or curb cuts shall not exceed seventy (70) feet at the street line unless a special permit is granted on the basis that such additional width is necessary for the safety and convenience of traffic movement. Access drives shall have a permanent dust free surface. The use shall not be for providing storage or the standing of such vehicles, but for the passage of motor vehicles. The Board of Appeals may grant a waiver to this Section Article by a special permit.

6.1.14 Parking Garages and Structures.

1. Required off-street parking spaces or loading bays may be provided in a parking garage or structure as a special permit. When a parking structure is built above grade, all sides of such a building must be screened using an architectural façade, plantings, or other approved treatment.

2. In the Business, Central Business, Limited Industrial B, Canton Center Economic Opportunity District and Mixed-Use Districts, parking structures must be designed with retail or other commercial uses along the street, at least on the ground floor level. Wrapping active uses around a parking structure can mean anything from integrating small retail or restaurants on the main street face – to creating parking structures surrounded by mixed uses – including offices and larger retail on three or more sides and all levels.

3. Dimensional standards shall follow the standards of the underlying zoning district.

6.1.15. Special Permit. The Zoning Board of Appeals may, by special permit, authorize a deviation form any parking requirement set forth in this Section 6.1, provided that such relief shall not result in substantial detriment to the neighborhood.

6.1.16. Maximum Parking Ratio. Surface parking shall not exceed 110% of the minimum parking requirement for the subject land use(s). Exemptions to the standard can be approved through site/design review for developments that provide parking structures,

-30- shared parking, valet parking spaces, market rate parking, or similarly managed parking facilities.

6.1.17. Electric Vehicle Charging Station Spaces. This section applies for all parking lots or garages with publicly available electric vehicle charging spaces (excludes restricted or private electric vehicle charging stations).

1. Number. No minimum number of charging station spaces is required. Where an EV charger can simultaneously charge more than one vehicle, the number of electric vehicles charging station spaces shall be considered equivalent to the number of electric vehicles that can be simultaneously charged. If more than 4 publicly available EV charging stations are provided, an ADA accessible charging station must also be provided.

2. Minimum Parking Requirements. An electric vehicle charging station space may be included in the calculation for minimum required parking spaces that are required pursuant to other provisions of code.

3. Location and Design Criteria. The provision of electric vehicle parking will vary based on the design and use of the primary parking lot. The following required and additional locational and design criteria are provided in recognition of the various parking lot layout options. Where provided, publicly available parking for electric vehicle charging purposes is required to include the following: a. Signage. Each charging station space shall be posted with signage indicating the space is only for electric vehicle charging purposes. Days and hours of operations shall be included if time limits or tow away provisions are to be enforced. b. Maintenance. Charging station equipment shall be maintained in all respects, including the functioning of the charging equipment. A phone number or other contact information shall be provided on the charging station equipment for reporting when the equipment is not functioning or other problems are encountered. c. Accessibility. Where charging station equipment is provided within an adjacent pedestrian circulation area, such as a sidewalk or accessible route to the building entrance, the charging equipment shall be located so as not to interfere with accessibility requirements. d. Lighting. Where charging station equipment is installed, adequate site lighting shall exist, unless charging is for daytime purposes only.

4. Parking for electric vehicles should also consider the following: a. Notification. Information on the charging station, identifying voltage and amperage levels and any time of use, fees, or safety information. b. Signage. Installation of directional signs at the parking lot entrance and at appropriate decision points to effectively guide motorists to the charging station space(s).

5. Data Collection. To allow for maintenance and notification, the Building Department will require the owners of any private new electric vehicle

-31- infrastructure station that will be publicly available (see definition “electric vehicle charging station – public”) to provide information on the station’s geographic location, date of installation, equipment type and model, and owner contact information.

6.2 LOADING AREAS

6.2.1 General. Except in the Business District of the Central Business Area in addition to the requirements for automobile parking space, there shall also be provided for each building or group of buildings sufficient off-street loading spaces to insure that all loading operations take place off the public way. Loading spaces and access drives leading thereto shall be so designed that vehicles to be loaded or unloaded are not required to maneuver in the public way to enter or leave the designed loading area.

6.2.2 Requirements. The following number of loading bays shall be required for new structures by gross floor area of structure (in thousands of square feet):

Uses 2-15 15-50 50-100 100-150 150-300 Over 300* Retail, Trade, 1 2 3 4 5 1 Wholesale and Storage, Industry, Communications and Utilities Consumer 1 2 3 4 5 1 Services, Office Buildings, Hotel, Recreation, Institution, and Education

6.2.3 Special Permit. The Zoning Board of Appeals may, by special permit, authorize a deviation form any loading requirement set forth in this Section 6.2, provided that such relief shall not result in substantial detriment to the neighborhood.

6.3 SIGNS

6.3.1 Purpose. This section is adopted by the Town for the regulation and restriction of billboards, signs, and other advertising devices within the Town.

-32-

6.3.2 Administration and Enforcement. The Building Commissioner is hereby designated and authorized as the officer charged with the enforcement of this Section.

6.3.3 Permits. No sign, billboard, or other advertising device shall be erected on the exterior of any building or on any land, and no sign shall be altered or enlarged, until an application, on appropriate forms furnished by the Building Commissioner, has been filed with the Building Commissioner with such information, including photographs, plans, and scale drawings, as he may require, and a permit for such erection, alteration, or enlargement has been issued by him. The fee for such permits shall be determined from time to time by the Selectmen.

6.3.4 Exceptions. The provisions of Section 6.3 shall not apply to:

1. Signs permitted in a residential area as provided herein.

2. One real estate sign advertising the premises for sale or rent of not over six (6) square feet in area located on premises in a business area.

6.3.5 Public Announcements. The Board of Selectmen may authorize in any zoning district a temporary sign or signs for public safety or government message purposes. Requests for placement of said signs shall be made to the Board of Selectmen by any Town of Canton official or elected or appointed board on a form to be supplied by the Board of Selectmen. The Board may consider in its decision the following:

1. Size of the sign, but in no event larger than twenty five (25) square feet in area.

2. Whether the sign shall be illuminated and, if so, during what time periods.

3. Dates for erecting and removing the sign.

4. The distance the sign shall be back from the paved surface of any public way, but in no event less than two and a half (2.5) feet.

5. The message on the sign.

6. The number of colors on the sign, but in no event more than four (4) including the color white.

7. The total number of signs to be erected.

8. The location or locations of the sign or signs.

-33-

6.3.6 Appeals. A person aggrieved by an order or decision of the Building Commissioner under this Section may appeal to the Board of Appeals. It shall be the duty of the Board to hear the appeal of any person aggrieved by an order or decision of the Building Commissioner, and to hear and determine all applications for special permits as provided for under this Section.

6.3.7 Signs in Residential Districts.

1. Accessory Signs. No accessory sign shall be erected or maintained on any lot in a Single Residence or General Residence District except as set forth herein.

a. There may be one such sign for each lot, indicating only the name of the owner or occupant, the street number, and a permitted use or occupation in the particular area under this Zoning By-law. Such sign may be a standing sign, but shall not exceed one (1) square foot or, where a permitted use or occupation is set out, two (2) square feet in area.

b. There may be one temporary unlighted sign on each lot advertising the sale or rental of the premises or the name and address of the contractor, architect and engineer responsible for any construction on the premises, provided that such sign shall not exceed twelve (12) square feet in area and shall be removed promptly after such sale, rental or construction has been effected.

c. No accessory sign shall be illuminated except by a white, steady, stationary light shielded and directed solely at the sign. The foregoing is applicable whether the sign is exterior to a building or designed to be visible through a door or window.

d. Churches, schools and public or other non-profit uses shall not be subject to the limitations set forth above.

2. Non-Accessory Signs. No non-accessory sign shall be erected or maintained in a single Residence or General Residence District.

6.3.8 Business, Limited Industrial and Industrial Areas.

1. Accessory Signs. In a Business, Limited Industrial or Industrial District, only those accessory signs which are permitted in residential areas, (as provided in

Section 6.3.7 or which comply with the following provisions of this Section may be erected or maintained.

-34- a. Location. An accessory sign shall be affixed to a building except as hereinafter provided as to standing signs.

b. An accessory sign affixed to a building shall be parallel with a wall of the building and shall not project beyond the face of any other wall of the building, or above the top of the wall to which it is attached. Roof signs are not permitted. c. The sign shall not project more than twelve (12) inches.

2. Standing Signs. Standing signs are prohibited except as follows:

a. Any such signs, permits for which, in particular instances, may be granted by the Board of Appeals, in accordance with the provisions of

Section 6.3.9.

b. During the construction of a building, a temporary standing sign may be erected on the premises identifying the building, the owner, the contractors, the architects, and the engineers, but such sign shall not exceed twenty (20) square feet in surface area, nor ten (10) feet in any dimension. Such sign shall be removed promptly after the completion of the building.

c. Size. A sign shall not occupy an area in excess of one hundred square feet. For purposes of applying this maximum space limitation, any intermediary removable surface to which a sign is affixed shall be deemed part of the sign; and any sign composed of separate letters or devices cut into or affixed to a wall shall be deemed to occupy the entire area within a single continuous perimeter enclosing the extreme limits of the sign, including any structural elements.

d. Number. There shall be not more than one (1) exterior sign for each business establishment consisting of a single building, except that, if such building has more than one public entrance, there may be a secondary sign affixed to each wall in which such entrance is located other than the wall to which the principal sign is affixed. If a business establishment consists of more than one building, a secondary sign may be affixed to a wall of each such building. The secondary sign or signs for any business establishment shall not exceed in the aggregate fifty (50) per cent of the maximum permissible area for a single sign for said business establishment.

-35- e. In addition to the foregoing sign or signs, one directory of the business establishments occupying a building may be affixed to the exterior wall of the building at each entrance to the building. Such directory shall not exceed an area determined on the basis of one (1) square foot for each establishment occupying the building.

3. Illumination. No sign shall be illuminated except in accordance with the following restrictions:

a. No sign shall contain any moving, flashing or animated lights, except such portions of a sign as consist solely of indicators of time and temperature.

b. No more than four (4) colors including white, shall be used. No red or green lights shall be used if, in the opinion of the Chief of Police, such colors would create a driving hazard.

c. Exposed gaseous tube-type signs shall not exceed ten (10) square feet in area; signs illuminated by reflected or silhouette-type lighting are not subject to this limitation.

d. No sign shall be illuminated between the hours of eleven (11) o'clock P.M. and seven (7) o'clock A.M., unless the business establishment or office is open to the public.

e. No illumination shall be permitted which casts glare onto any portion of any street, or residential premises.

f. The provisions of this Section shall apply not only to exterior signs, but also to interior signs which are designed or placed to show through windows or doors of buildings.

4. Movement. No sign, any part of which moves or is designed to move, by any means, shall be permitted, except such portions of a sign as consists solely of indicators of time or temperature.

5. Construction and Maintenance. No sign shall be painted or posted directly on the exterior surface of any wall, but all signs must be painted, posted or otherwise securely affixed to a substantial intermediary removable surface which shall be securely affixed to the building. The foregoing, however, shall not prevent installation of a sign by individual letters or devices securely affixed to the exterior wall of a building. The material and construction of any sign and intermediary surface, and the manner of affixation of the sign to the intermediary

-36- surface, and the intermediary surface to the wall of the building, shall be in accordance with any applicable provisions of the Building Code of the Town of Canton, and, otherwise, with the reasonable requirements of the Building Commissioner. All signs, together with their structural elements, shall be kept in good repair and in a proper state of preservation to the reasonable satisfaction of the Building Commissioner. The Building Commissioner may order the removal of any sign that is not maintained in accordance with the provisions of this By- law.

6.3.9 Special Requirements.

1. Motor vehicle fuel stations and garages may, if they elect to do so, divide the one exterior sign affixed to the front wall of the building, to which they are entitled as herein above provided, into separate signs affixed to and parallel to such walls, and indicating the separate operations or departments of the business, provided, however, that the total size of the separate signs shall not exceed the maximum size permitted under this section for a single exterior sign on such wall. In addition, one standing sign, indicating the company whose gasoline is being sold, may be erected of such type, in such location, and in such manner, as the Board may permit. The standard type of gasoline pump, bearing thereon, in usual size and form, the name or type of gasoline and the price thereof, shall not be deemed to be in violation of this Section. The Board of Appeals shall have the right, after a public hearing, to issue a special permit to a gasoline filling station to have one (1) two-sided sign attached to a free-standing sign pole for the limited purpose of displaying daily prices of gasoline. The price sign shall be no larger than twenty (20) square feet and have no more than two (2) colors.

2. In particular instances, the Board, at a regularly scheduled meeting, may permit standing signs, if it shall find that the nature of the use of the premises, or the location of the building with reference to the street or streets is such that a standing sign or signs may be permitted in harmony with the general purpose and intent of this Section, subject to the following requirements: Any such sign shall not exceed (i) one hundred (100) square feet in area; or (ii) twenty (20) feet in any dimension; or (iii) twenty (20) feet in height from the ground. No such sign shall be located within fifteen (15) feet of any property boundary line. In granting such permission, the Board shall specify the size, type and location of the sign and impose such other terms, restrictions and conditions as it may deem to be in the public interest.

3. The regulations contained in Section 6.3.8 shall not apply to any sign limited solely to directing traffic within or setting Out restrictions on the use of parking areas and not exceeding four (4) feet in area.

-37-

4. A business may affix to any existing lawful sign or on the exterior wall of its building a sign advertising available employee positions. The particular employee positions available may be altered without specific authorization for each alteration. Such sign shall not exceed fifty (50) square feet. No such sign shall be erected until a permit has been obtained from the Building Commissioner pursuant to Section 6.3.8. Said permit shall expire on the ninety-first day following the date it was issued, provided, however one extension may be granted, in the discretion of the Building Commissioner, for good cause, for not more than an additional ninety (90) days.

5. Roof signs are not permitted.

6.3.10 Non-Accessory Signs. Non-accessory signs shall not be erected or maintained in a Business, Limited Industrial or Industrial District, unless permitted under a permit lawfully issued, and remaining in full force and effect, by the Outdoor Advertising Authority, or by any board or official succeeding to its authority in the administration of Sections 29-33, inclusive of Chapter 93 of the General Laws, or any act in addition thereto or an amendment thereof and unless allowed by a special permit granted by the Board of Appeals, which special permit shall be granted only if the Board of Appeals determines that said sign shall not be detrimental to the neighborhood in which such sign is to be located nor to traffic and safety conditions therein nor otherwise detrimental to the public safety and welfare. Any non-accessory sign shall comply with the provisions of Section 6.3 as to illumination, movement, and construction and maintenance. Such sign shall not be:

1. Within fifty (50) feet of any public way.

2. Within three hundred (300) feet of any public park, playground or other public grounds, if within view of any portion of the same.

3. Nearer than fifty (50) feet to any other such billboard, sign or other advertising device, unless such billboards, signs or other advertising devices are placed back to back.

4. On any location at the corner of any public way, and within a radius of one hundred and fifty (150) feet from the point where the center lines of such ways intersect.

5. Nearer than one hundred (100) feet to any public way, if within view of any portion of the same, if such billboard, sign or other advertising device shall exceed a length of eight (8) feet or a height of four (4) feet.

-38-

6. Nearer than three hundred (300) feet to any public way, if within view of any portion of the same, if such billboard, sign or other sign or other advertising device shall exceed a length of twenty-five (25) feet or a height or ten (10) feet.

6.3.11 Non-conforming Signs. Any non-conforming sign legally erected prior to the adoption of this Section, or any amendment thereof, may be continued to be maintained, but shall not be enlarged, reworded (other than in the case of theater signs), redesigned or altered in any way unless it is brought into conformity. Any such sign which has been destroyed or damaged to such an extent that the cost of restoration would exceed thirty- five (35%) per cent of the replacement value of the sign at the time of the destruction or damage, shall not be repaired or rebuilt or altered unless in conformity with this Section. The exemption herein granted shall terminate with respect to any sign which:

1. shall have been abandoned;

2. advertises or calls attention to any products, businesses or activity which are no longer carried on or sold, whether generally or at the particular premises; or

3. shall not have been repaired or properly maintained within sixty (60) days after notice to that effect has been given by the Building Commissioner.

6.3.12 Projecting Accessory Sign or Canopy/Awning Accessory Signs. The Zoning Board of Appeals, by special permit, may allow Projecting Accessory Sign or Canopy/Awning Accessory Signs in the Central Business District, Business District, Limited Industrial District and Industrial District. A Special Permit may be granted under this subsection only if the Zoning Board of Appeals finds that a Projecting or Canopy/Awning style sign is in the public interest. In granting such permission, the Zoning Board of Appeals shall specify the size and location of the sign and impose such other terms and restrictions as it may deem to be in the public interest. An application for a special permit for Projecting or an Awning/Canopy Accessory Sign shall include the following information:

1. Name, address and telephone number of applicant.

2. Plans indicating location and placement of sign.

3. Plan and elevation drawings which show the building facade and the proposed sign to scale.

4. Sign specifications including material, colors, form of support, method of lighting, including type of lighting, number of fixtures, placement of fixtures, number of lumens per fixture, and method of shielding.

-39-

5. Location of proposed sign with respect to neighboring signs and advertising devices.

6. Such other information as the Zoning Board of Appeals may require.

6.3.13 Special Permit. The Zoning Board of Appeals may, by special permit, authorize a deviation form any sign requirement set forth in this Section 6.2, provided that such relief shall not result in substantial detriment to the neighborhood.

6.4 LANDSCAPING AND SCREENING

6.4.1 Purpose. The purpose of this Section is to reduce soil erosion and storm water runoff; to improve the microclimate of parking lots; to provide visual buffers, and to enhance and preserve the visual character of the site and the community.

6.4.2 Applicability. Landscaping Areas for parking lots shall be provided in accordance with Section 6.1.11 and the Planning Board's current "Landscape Procedures and Standards". Applicants should strive to provide landscaped areas in excess of the standards specified in Section 6.1.11.

6.4.3 Maintenance of Landscape Area. To ensure the implementation and long-term maintenance of landscaping plans and requirements, the Town shall require one or more of the following:

1. Applicants watering schedule and maintenance schedule for the first year after project acceptance.

2. A 2-year guarantee on all new plant material. If any required tree or shrub dies within this period of item, it shall be replaced.

3. The applicant may be required to post surety in the form of either cash, bond of deposit, or covenant running with the land conditioned upon satisfactory implementation of the landscape work.

6.4.4 Landscape Procedures and Standards. The Planning Board shall adopt reasonable landscape procedures and standards for site landscaping. The procedures and standards shall be adopted by majority vote of the Planning Board after a duly constituted public hearing. The landscape procedures and standards will be in full force and effect upon adoption by the Planning Board.

6.4.5 Fencing. Fencing may be allowed in lieu or in conjunction with plantings. Design and height of such fencing, with accompanying landscaping, shall be subject to the approval of the Zoning Board of Appeals.

-40-

6.4.6 Retaining Walls. Retaining walls shall be constructed to a maximum height of six (6) feet. If site conditions require elevation changes of greater than six (6) feet, retaining walls shall be terraced and landscaped. Retaining walls facing residential districts shall be solid fieldstone or fieldstone veneer or other similar material. Unless used within the Industrial Districts, vertical cast in place concrete or concrete blocks shall not be permitted.

6.4.7 Berms. The Zoning Board of Appeals may require a berm or berms in appropriate circumstances to promote the goals of this section.

6.4.8 Unsightly Uses and Areas. Exposed storage areas, refuse disposal facilities, machinery, service areas, truck loading areas, utility buildings and structures and other unsightly uses shall be screened from view from neighboring properties and streets using dense, hardy evergreen plantings, or earthen berms, or wall or tight fence complemented by evergreen plantings.

6.4.9 Maintenance. All landscaping features, structures and areas shall be properly maintained. Dead shrubs or trees shall be replaced within one growing season as a condition of approval.

6.4.10 Special Permit. By special permit, the Zoning Board of Appeals may authorize a reduction in the requirements of this section, where such reduction will not result in substantial detriment.

6.5 ENCLOSURE

6.5.1 Business and Limited Industrial District. In a Business District and in a Limited Industrial District, all uses permitted as of right or permissible on special permit, and all uses accessory thereto, shall be conducted within a completely enclosed building, except the following:

1. Uses permitted as of right or permissible on special permit in any General Residence District.

2. The dispensing of food, beverages or goods at a drive-in or stand, where authorized.

3. Accessory outdoor dining area where authorized.

-41-

4. The dispensing of fuel, lubricants or fluids at a garage or service station, where authorized.

5. Agricultural and Related Uses as permitted, such as plants growing in the soil.

6. Recreational Uses as permitted, such as golf courses and driving ranges.

7. Automobile parking lots.

8. Exterior signs, as hereinafter permitted.

9. Exterior lights, as hereinafter regulated.

10. The open display or storage of goods, products, materials or equipment, where accessory to a permitted main use conducted in a completely enclosed building on the same premises, subject to the condition that the total ground area devoted to such open use does not exceed twenty-five (25) percent of the ground area covered by said building. In a Limited Industrial District only, such open display or storage shall, if visible at normal eye level from any point beyond the boundaries of the lot and less than five hundred (500) feet distant, be completely screened from such view by wall, fences, or landscaping.

6.5.2 Industrial District. In an Industrial District, all uses permitted as of right or permissible on special permit may be conducted within or without a completely enclosed building, but excluding outside storage required to have a special permit.

6.5.3 Junk in Nonresidential Districts. In all Non-Residential Districts, the open storage of "Junk" as herein defined (whether as a main use, where authorized, or as an accessory to a main use) shall, if visible at normal eye level from any point beyond the boundaries of the lot and less than five hundred (500) feet distant, be completely screened from such view by walls, fences or landscaping.

6.6 GREENBELTS IN LIMITED INDUSTRIAL DISTRICTS AND INDUSTRIAL DISTRICTS

6.6.1 General. In a Limited Industrial District and in an Industrial District where a lot used for a purpose not permitted in any Residential District abuts or extends into a Residential District, or abuts another lot which has frontage only in a Residential District or which extends from a Residential District into a Limited Industrial District or an Industrial District by less than fifty (50) feet, there shall be provided a "Greenbelt" along the particular portions of the lot which are next to such Residential District or such abutting lot. Such "Greenbelt" shall consist of an area of not less than twenty-five (25) feet in width containing a dense planting of trees and shrubs to provide within such area a

-42- natural barrier between the lot and the adjacent premises having an effective height of not less than seven (7) feet; provided that if the Board of Appeals determines that such "Greenbelt" will create a traffic hazard it may grant an exception to the requirements of this paragraph to the extent it determines is necessary to alleviate such traffic hazard.

6.7 PERFORMANCE STANDARDS

6.7.1 General. The following standards shall apply to applications for special permits or for site plan approval for nonresidential use.

6.7.2 Lighting. The proposed development shall not produce lighting so as to unreasonably interfere with the use and enjoyment of property within the Town. Lighting practices and systems shall (i) reduce light pollution, light trespass and glare in order to preserve and enhance the natural, scenic, and aesthetic qualities of the Town; (ii) conserve energy and decrease lighting cost without decreasing night time safety, security, and productivity, and (iii) preserve the night sky as a natural resource to enhance nighttime enjoyment of property within the Town.

1. Shielding. All outdoor light fixtures shall be shielded so as to meet the goals of this Section.

2. Light Trespass. Direct light from the light source is to be confined within the property boundaries and shall not cause overspill on adjacent property or into the night sky. Light trespass shall be limited to 0.25 foot-candles at the property line. Light fixtures shall enclose and shield light sources such that no point sources of light are visible from off-site locations and no light shall project above horizontal.

3. Light Intensity. Outdoor lighting shall be designed to provide the minimum intensity needed at any particular time. Design illumination levels shall be comparable to the minimum requirements of the Illuminating Engineering Society of North America (IESNA) for each land use, except that higher illumination levels shall be provided at on-site intersections and site entrances and in other locations dictated by traffic safety concerns.

4. Illuminated Surfaces. Preferred surfacing for lighted areas shall be of materials such as blacktop which reflect a relatively small fraction of incident light. Parking area lighting shall be reduced or eliminated outside business hours. The Zoning Board of Appeals may require electrical controls for parking lots which support pre-timed shut off for specific unused areas to reduce the glare from lighting.

5. Searchlights. The operation of laser shows or searchlights for advertising purposes is prohibited; provided however, that same may be authorized for a

-43- period of not more than fourteen (14) days by special permit issued by the Zoning Board of Appeals.

6. Sodium Vapor or Metal Halide Lighting. No outdoor light fixtures using sodium vapor or metal halide lamp or lamps shall be allowed unless specifically authorized.

7. Outdoor Signs. Outdoor light fixtures used to illuminate an outdoor sign shall be mounted on top of the sign structure and shall direct light downward or otherwise restricted to prevent up-light and light trespass.

8. Flickering and Flashing Lights. No flickering or flashing lights shall be permitted.

9. Height of Fixtures. Luminaires attached to a building for area lighting shall be mounted no higher than fifteen (15) feet above grade. Pole mounted exterior lighting fixture types shall be mounted no higher than twenty (20) feet above grade.

10. Hours of Operation. Except as may be deemed appropriate for site safety or security, all external lighting, including lighting accessory to authorized signs, shall be extinguished or shall provide reduced illumination levels one half hour after the facility is closed for the business day. Such lighting may be pre-timed to resume one half hour prior to the arrival of the first employee on the premises.

6.7.3 Noise. The proposed development shall not unreasonably interfere with the reasonable use and enjoyment of property within the Town as a result of the generation of noise. Practices and systems shall (i) reduce noise pollution in order to preserve and enhance the natural and aesthetic qualities of the Town; (ii) preserve property values; and (iii) preserve neighborhood character.

1. Hours of Operation. As a condition of any special permit, the Zoning Board of Appeals may incorporate the following conditions regarding hours of operation:

a. The loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, or other objects or materials for sale or storage or use and the collection of garbage or trash including dumpster change out in a manner that causes a condition of noise pollution at any time but most specifically between the hours of eight post meridian (8:00 P.M.) and seven ante meridian (7:00 A.M.) across a real property boundary in any district established under the Zoning By-law.

-44- b. Operating or permitting the operation of tools or equipment used in construction, drilling or demolition work between the hours of eight post meridian (8:00 P.M.) and seven ante meridian (7:00 A.M.) on week days or at any time on Sundays or Holidays so that the sound creates a condition of noise pollution across a real property boundary.

c. The operation of heavy earth moving equipment shall comply with the Town’s General By-laws.

d. All rooftop mechanical equipment shall be screened and acoustically buffered.

2. Ambient Noise Level. No person shall operate or cause to be operated any source of sound in a manner that creates a sound level which exceeds 10 dBA above ambient or exceeds 65 Ldn total for residential receptors or exceeds 75 Ldn total for nonresidential receptors when measured at the property boundary of the receiving land use.

6.7.4 Stormwater Management. The proposed development shall include adequate provisions or measures to prevent pollution of surface or groundwater, minimize erosion and sedimentation, prevent changes in groundwater levels, increased run-off, and potential for flooding, and minimize adverse impacts to neighboring properties by flooding from excessive run-off.

1. Consistency with the Massachusetts Stormwater Management Regulations. All development shall comply with the DEP’s Stormwater Management Regulations to ensure that the peak rate of surface water run-off from the site shall not be increased nor degraded in quality after construction.

2. The on-site water stormwater management system shall comply with requirements of the Planning Board’s “Rules and Regulations Governing the Subdivision of Land”, with all regulations and standards of Canton Department of Public Works, and with standard engineering practice. In case of conflict among the aforesaid and the DEP Stormwater Management Regulations, the more restrictive shall govern.

3. Dry Wells. Dry wells shall be used only where other methods are unfeasible and shall require oil, grease, and sediment traps to facilitate removal of contaminants.

4. Conservation Commission. Where applicable, no special permit shall be issued unless a report shall have been received from the Conservation Commission or the Zoning Board agent that the storm drainage system is

-45- consistent with DEP Stormwater Management Regulations and that there is sufficient storm drainage capacity to meet the flow demands of the proposed development on-site, and where applicable, without causing surcharge in those storm drainage lines which serve the project and are consistent with the standards of the Town.

5. Temporary Measures. During the construction phase, temporary diversions, berms, grassed waterways, special culverts, shoulder dikes temporary stilling or detention/retention basins or such other mechanical measures as may be necessary may be required by the Board to intercept and divert surface water runoff. Runoff flow shall not be routed through resource areas of protected vegetation or revegetated slopes and other areas. Temporary runoff from erosion and sedimentation controls shall be directed according to BMPs, such as vegetated swales. Retaining walls may be required where side slopes are steeper than a ratio of 3:1.

6. Erosion and Sedimentation Control. During the construction phase, erosion and sedimentation controls shall be provided and continuously adjusted and maintained throughout the course of construction to preclude damage to resource areas, adjacent properties, and pubic ways in accordance with the DEP Stormwater Regulations. Topsoil and loam storage areas shall also be subject to these standards.

6.7.5 Site Development Standards. To the extent practicable, the proposed development shall be located to preserve and enhance the natural features of the site, to avoid disturbances of environmentally sensitive areas, to minimize adverse impacts of development on adjoining properties, to minimize the alteration of the natural features of the site and to preserve and enhance scenic points, historic buildings and places and similar community assets which add value and attractiveness to the subdivision and the Town.

1. Land Disturbance. Site/building design shall preserve natural topography outside of the development footprint to reduce unnecessary land disturbance and to preserve natural drainage on the site.

2. Replication. Clearing of vegetation and alteration of topography shall be replicated with native vegetation planted in disturbed areas as needed to enhance or restore wildlife habitat, if any.

3. Clearing for Utility Trenching. Clearing for utility trenching shall be limited to the minimum area necessary to maneuver a backhoe or other construction equipment. Roots should be cut cleanly rather than pulled or ripped out during

-46- utility trenching. Tunneling for utilities installation should be utilized wherever feasible to protect root systems of trees.

4. Site Design.

a. Placement of buildings, structures, or parking facilities shall not detract from the site's scenic qualities and shall blend with the natural landscape.

b. Building sites shall be directed away from the crest of hills, and foundations shall be constructed to reflect the natural terrain.

c. Sites shall be designed in such a way as to avoid impacts to rare and endangered species and wildlife habitat on a site, and to maintain contiguous forested areas.

5. Archeological or Historical Resources. The applicant shall comply with the regulations of the Canton Historical Commission and/or the Massachusetts Historical Commission.

6. Preservation of Existing Vegetation. Priority shall be given to the preservation of existing stands of trees, trees at site perimeter, contiguous vegetation with adjacent sites (particularly existing sites protected through conservation restrictions), and specimen trees.

a. Understory vegetation beneath the drip line of preserved trees shall be retained in an undisturbed state.

b. During clearing and/or construction activities, all vegetation to be retained shall be surrounded by temporary protective fencing or other measures before any clearing or grading occurs, and maintained until all construction work is completed and the site is cleaned up. Barriers shall be large enough to encompass the essential root zone of all vegetation to be protected. All vegetation within the protective fencing shall be retained in an undisturbed state.

7. Limit of Clearing. Development envelopes for structures, driveways, wastewater disposal, lawn areas and utility work shall be designated to limit clearing and grading.

a. During clearing and/or construction activities, the limit of work line shall be marked by temporary protective fencing or other measures before any clearing or grading occurs, and maintained until all construction work

-47- is completed and the site is cleaned up. Area beyond the limit of work shall be retained in an undisturbed state.

b. In order to minimize the clearing and grading on a site associated with construction activities such as parking of construction vehicles, offices/trailers, stockpiling of equipment/materials, such activities may be limited to areas already planned for permanent structures.

c. Topsoil shall not be stockpiled in areas of protected trees, wetlands, and/or their vegetated buffers.

8. Finished Grade. Finished grades should be limited to no greater than a 2:1 slope, while preserving, matching, or blending with the natural contours and undulations of the land to the greatest extent possible. Finished grade shall be no higher than the trunk flare(s) of trees to be retained. The design of grade changes at the base of existing large trees shall be subject to the approval of the Zoning Board of Appeals or its agent.

9. Phasing of Development. The Zoning Board of Appeals may limit the extent of a site exposed at any one time through phasing of construction operations. Effective sequencing shall occur within the boundaries of natural drainage areas.

10. Revegetation. Proper revegetation techniques shall be employed during construction using native plant species, proper seed bed preparation, fertilizer and mulching to protect germinating plants. Revegetation shall occur on cleared sites within seven (7) calendar days of final grading and shall occur during the planting season appropriate to the selected plant species.

11. Topsoil. A minimum of six inches (6") of topsoil shall be placed on all disturbed surfaces which are proposed to be planted.

6.7.6 Pedestrian and Vehicular Access; Traffic Management The proposed development and/or redevelopment shall be designed with a forecast for the next five years from the time of application to (i) minimize hazards to public health and safety as a result of traffic; (ii) provide safe access and circulation on the site for expected vehicles, pedestrians, and emergency vehicles; (iii) provide off-site traffic mitigation, where required, to offset the impact of the development; (iv) reduce the traffic impacts of the proposed development on the area and the Town by incorporating traffic management devices; and (v) minimize the impact on scenic roads, historic districts, natural resources, and community character. The Development shall not degrade safety for pedestrians, bicyclists, motor vehicle occupants, or property.

-48-

1. Access. To the extent feasible, access to nonresidential uses and structures shall be provided via one of the following (i) Access via a common driveway serving adjacent lots or premises; (ii) Access via an existing side street; (iii) Access via a cul-de-sac or loop road shared by adjacent lots or premises.

a. Access via roadways abutting residential districts shall be avoided where possible.

b. Access and egress to a development with frontage on more than one street shall be in a manner that causes the least impact to the surrounding neighborhoods as determined by the Board.

2. Driveways. Each development shall be served by an adequate driveway.

a. The Board may, in certain circumstances, allow additional driveways as a condition of approval where the access is shared or the project has frontage on two separate streets. The aforesaid not withstanding, larger developments shall provide at least two (2) means of access to the public roadway system of the Town, one (1) of which may be restricted to emergency vehicle use.

b. All driveways shall be designed to afford adequate sight distance to pedestrians, bicyclists, and motorists exiting to public ways. Improvements may be required on the public way for vehicular turning movements in or out of the site and safe pedestrian access to adjoining sidewalks, paths, walking trails or bikeways.

c. Driveways shall comply with the pavement and base thicknesses required by the Planning Board’s “Rules and Regulations Governing the Subdivision of Land” for “Residential Streets.” Vertical faced precast concrete curb or vertical faced granite curb shall be provided along the edge of pavement.

3. Curb Cuts. Curb cuts shall be limited to the minimum width for safe entering and exiting, and shall in no case exceed 24 feet in width unless waived by the Board for industrial truck traffic. The location of driveway openings in relation to traffic and to adjacent streets shall provide for the convenience and safety of vehicular and pedestrian movement within the site. The number of curb cuts on state and local roads shall be minimized.

4. Interior Circulation. The proposed development shall assure safe interior circulation within its site by separating pedestrian, bike ways, and vehicular traffic.

-49-

5. Transportation Plan Approval. The proposed development shall be subject to Transportation Plan approval by the Board. The Transportation Plan shall consist of the following information:

a. A plan showing the proposed parking, loading, and traffic circulation within the site; access and egress points; and other features related to traffic generated by the proposed use.

b. A traffic study, prepared by a qualified traffic engineer, detailing the excepted traffic impacts. For proposed development in excess of 25,000 gross square feet or generating more than 100 trips in any one hour, determined in accordance with the Institute of Transportation Engineers, Trip Generation, an ITE Informational Report, Eighth Edition, Volumes 1 through 3, © 2008 Institute of Transportation Engineers, the required traffic study shall substantially conform to the Institute of Transportation Engineers’ "Traffic Access and Impact Studies for Site Development: A Recommended Practice," latest edition. The Board shall approve the geographic scope and content of the study. In addition, the applicant shall submit a Transportation Demand Management (TDM) plan tailored to the specific uses and the geographic location of the site.

c. Proposed mitigation measures, if any, such as left-turn lanes, roadway widening, signage, signalization of intersections.

d. For proposed development in excess of 25,000 gross square feet or generating more than 100 trips in any one hour, the applicant shall submit a Traffic Management Component (TMC) as part of the Transportation Plan. The TMC shall provide information on the number of expected person trips to and from the site, broken down by various travel modes (e.g., single occupancy vehicle, carpool, walk, bicycle, commuter rail, shuttle bus, etc.). The TMC shall also incorporate one or more of the following techniques to reduce the number of single occupancy vehicle trips by employees coming to and departing from the proposed use:

1. Establishment of or contribution to a Traffic Management Association (TMA) within the region, which shall provide shuffle services for employees and other services as may be appropriate;

2. Employee carpools or vanpools sponsored by the employer or the TMA;

-50-

3. Subsidized commuter rail passes, provided by the employer, and sold on the site or offered through payroll deduction;

4. Monetary incentives to employees who do not use a parking space;

5. On-site shower facilities and/or bicycle racks for employees who do not drive to work;

6. Other techniques as may be deemed appropriate by the Board or its traffic consultant.

6. Level of Service Maintenance or Improvement.

a. If the proposed project will result in an intersection level of service (LOS) below LOS D, or result in a roadway volume to capacity ratio (v/c ratio) greater than 1.0 determined in accordance with the 2010 “Highway Capacity Manual” of the Transportation Research Board of the National Academies, the applicant may be required to provide detailed plans (including reconstruction concepts), that when implemented would result in improvement or the least deterioration of existing conditions. The applicant may be required to obtain approval for such plans from agencies having jurisdiction.

b. If the proposed project will result in a reduction in level-of-service of one letter grade or an increase of 10 seconds of delay to a signalized or un- signalized intersection, the applicant may be required to provide detailed plans that when implemented would result in improvement or the least possible deterioration of existing conditions. The applicant may be required to obtain approval for such plans from agencies having jurisdiction.

c. If a project causes a change in intersection operations as set forth in paragraphs a or b above, the applicant may be required to construct the intersection improvements at their expense.

7. Dangerous Intersections. The Board may require mitigation for any net increase in traffic volumes of 10% or more at an intersection where crashes per million vehicles entering exceeds the MassDOT District 5 average crash rate for either signalized intersections or un-signalized intersections as applicable based upon analysis of vehicle crash data for the last three years for which data is available.

-51-

8. Sight Distance. Acceptable sight distance shall be provided and maintained at all access locations, egress locations, and all intersections affected by the Development. At a minimum, these site distances shall meet the stricter of the MassDOT or the American Association of State Highway Transportation Officials standards for safe-stopping sight distance (SSD) and for intersection sight distance (ISD).

9. Maximum Parking. The maximum parking allowed for a development shall be no more than the minimum number of spaces required under zoning.

10. Mitigation. The Board may require as a condition of any special permit or site plan approval off-site improvements to mitigate the impact of the proposed development. Such improvements include intersection widening and traffic signals or the components of the TMC. All road and intersection improvements proposed as part of development and redevelopment shall be consistent with local plans.

11. Pedestrian and Bicycle Safety. Pedestrian and bicycle circulation, and the amenities required thereof, on and off site, shall be in accordance with the following requirements:

a. All development and redevelopment shall provide for pedestrian and bicyclist connections on the property, and allow for possible future connections with adjoining properties, where deemed appropriate by the Board.

b. Pedestrian access shall connect to all building entrances with further connections to local pedestrian arteries.

c. All road and intersection widening and new traffic signals or modification of existing traffic signals required as part of a Development or Redevelopment shall include appropriate bicycle and pedestrian accommodation.

d. The Board may require proposed development and redevelopment to provide sufficient rights-of-way on their properties to accommodate expected needs for bicycle and pedestrian use.

e. Sidewalks, crosswalks, walkways, bike racks or other pedestrian access shall be provided to allow access to adjacent properties and between individual businesses within a development.

-52- f. If the property abuts a public bikeway/ right-of-way, a paved access route to the bikeway may be required.

12. Design Standards for Parking Areas. Parking areas shall comply with the pavement and base thicknesses required by the Planning Board’s “Rules and Regulations Governing the Subdivision of Land” for “Residential Streets.” Vertical faced precast concrete curb or vertical faced granite curb shall be provided along the edge of pavement.

13. Location of Parking Areas. Where feasible, the Zoning Board of Appeals may require parking areas to be located to the side or behind buildings so as to provide an appropriate setting for the building within the context of the site and neighborhood and allow parking areas to be shared with adjacent businesses. The Zoning Board of Appeals may require alternative studies of parking lot layouts. Except where physical constraints, site configuration, or safety considerations preclude strict compliance, all parking must be accessible by driveways to the parking lots of adjacent nonresidential uses and land zoned for nonresidential uses

14. Parking in Required Front Setback. The Zoning Board of Appeals may prohibit parking within the required front setback.

15. Traffic Calming Features. Traffic calming measures such as crosswalks, bike lanes, rumble strips and landscaped islands may be required.

6.7.7 Aesthetics. In determining the appropriateness of buildings, design elements of proposed buildings shall be evaluated in relation to existing buildings adjacent or surrounding buildings. New buildings shall respect the architectural character of adjacent buildings or, in the case of multi-tenant commercial areas, the overall architectural theme of the area. Compatibility rather than conformity is desired. The Zoning Board of Appeals shall not consider interior arrangements. Buildings shall be designed as “four sided buildings” where the back and sides of each building shall be given architectural care comparable to the front side particularly if available for view by the public. The Zoning Board of Appeals will review the following aspects of new buildings or proposed renovations:

1. Height and width proportions;

2. Bulk and general massing (footprint, shape, articulation or detail);

3. Major divisions or rhythms of the façade (height and width proportions, building lines, etc.). Buildings shall be designed so that there are no blank walls or box–like structures without visual interest and architectural merit;

-53-

4. Rhythm of openings (i.e. number of windows, spacing, window and doors relationships);

5. Roof treatments (slope, articulation, surface). Rooftop mechanical equipment shall be screened from view by roof forms or other appropriate screening devices;

6. Materials, colors and textures of signage.

7. Setbacks in relation to neighboring properties.

8. For developments with multiple buildings, the Board of Appeals may require that contiguous buildings have distinct but harmonious architectural elements.

6.7.8 Sanitary Sewer System. The proposed development shall be adequately served by public or private wastewater collection and treatment systems.

1. Connections to the municipal sanitary sewer system may be allowed only if allowed by current municipal and state regulations. The Board of Appeals may require elimination of infiltration and inflow (i & i) in existing sewers to offset additional sanitary sewer flow in accordance with current municipal and state policies for i & i offsets whichever is the more restrictive.

2. On-site sanitary sewer collection systems shall comply with requirements of the Planning Board’s “Rules and Regulations Governing the Subdivision of Land”, with all regulations and standards of the Water and Sewer Division of the Canton Department of Public Works, and with standard engineering practice.

3. Wastewater Treatment and Disposal. The Board may require a report from the Board of Health confirming that the proposed site development provides for wastewater treatment and or disposal in a manner that is consistent with regulations of the Commonwealth of Massachusetts

6.7.9 Water Distribution and Fire Protection System. The proposed development shall be serviced by municipal water system and shall provide adequate pressure and flow to meet demands for potable water and fire protection.

1. Connections to the municipal water distribution system may be allowed only if allowed by current municipal and state regulations.

2. The on-site water distribution system shall comply with requirements of the Planning Board’s “Rules and Regulations Governing the Subdivision of Land”, with all regulations and standards of the Water and Sewer Division of the Canton Department of Public Works, and with standard engineering practice.

-54-

3. Static pressure and fire flow shall comply with DEP Guidelines and Policies for Pubic Water Systems (2001). Static pressure shall be 60 pounds per square inch (psi) desirable, 35 psi minimum. Fire flow shall meet Insurance Services Office (ISO) fire flow guidelines while maintaining a residual pressure of 20 psi.

4. For sites accommodating buildings containing more than 25,000 sq.-ft., there shall be two points of connection to the municipal water distribution system. Three full diameter gate valves shall be provided at points of connection to the municipal water distribution system. Full diameter gate valves shall be provided at each on site branch and at intervals not to exceed 1,000 feet on center.

6.7.10 Private Utilities. The proposed development shall be serviced by electrical distribution, telephone, cable, and fire alarm systems and may be served by a natural gas distribution system. All electrical distribution, telephone, cable, and fire alarm systems shall be installed underground

1. The on-site electrical distribution, telephone, cable, and fire alarm systems shall comply with requirements of the Planning Board’s “Rules and Regulations Governing the Subdivision of Land”, with all regulations and standards of the utility provider, with all applicable codes of agencies having jurisdiction, and with standard engineering practice.

2. All cables shall be encased in conduits.

System components shall be shown on the site plan for coordination and shall be revised to reflect utility provider modifications prior to construction.

3. All transformers shall be shown on the site plan and shall be located in visually unobtrusive locations and shall be thoroughly screened by fencing and plantings

6.7.11 Site Security. There shall be a certification by the Fire and Police Chief that the petitioner has provided a written plan for site security; which plan has been approved by the Fire and Police Chief.

6.7.12 Fiscal Analysis. The proposed Development shall maintain a positive net fiscal position for the long term, giving consideration to revenue estimates and actual growth in municipal service costs induced by the proposed Development.

1. The applicant shall provide an analysis of fiscal costs from the development, including increases in marginal costs, assessment of the capacity of existing municipal facilities to serve the new development, and, by order of magnitude, share of capital costs if improvements are needed.

-55-

2. The applicant shall identify an order of magnitude estimate as to the extent to which this development would generate the additional need for schools and affordable housing.

6.7.13. Exemptions. The following are exempt from these special permit and site plan approval standards:

1. Emergency Response. Emergency responses performed by a private entity or a public agency and fire or burglar alarms.

2. Events. Parades, fairs or outdoor entertainment between the hours of 7:00 am and 11:00 p.m. only provided that a permit for such activity has been granted by the Board of Selectmen and that said permit is for not more than ten (10) days.

3. Religious Structures and Services. Religious services conducted by an organization which qualifies under the laws of the commonwealth as a tax-exempt religious group.

6.7.14 Waiver of Standards. The Zoning Board of Appeals may, in the course of granting a special permit or site plan approval for nonresidential development, waive any of these performance standards where such waiver is not inconsistent with public health and safety, and where such waiver does not derogate from the purposes of this section because the proposed development will adequately serve the goals and objectives set forth herein.

6.8 General Provisions For Limited Industrial (C) Districts

6.8.1 Purpose The Limited Industrial (C) District has been established to accomplish the following goals:

1. To promote the economic health and stability of the Town by encouraging development and economic investment that will generate employment and tax revenue.

2. To provide additional planning flexibility for projects.

3. To redevelop underutilized and/or blighted sites.

6.8.2 Applicability Buildings, structures, lots and uses within the LI (C) District shall be governed by the Zoning By-Law, except as modified by the provisions of this Section. Where provisions of this Section conflict or are inconsistent with other provisions of the Zoning By-Law, the provisions of this Section shall govern.

-56- In the event of damage or destruction to any buildings or structures originally constructed pursuant to an approval issued hereunder, such buildings and structures may be rebuilt and restored consistent with the original approval without the requirement of obtaining any further approvals.

6.8.3 Special Permits and Site Plan Review and Approval The Board of Appeals is hereby designated as the Special Permit Granting Authority (SPGA) for all purposes with respect to any proposed projects within the LI (C) District. All special permit applications shall conform to the provisions of this Section 6.8 and the Board of Appeals’ Rules and Regulations adopted pursuant to M.G.L.c40A Section 9 governing the administration for special permits.

In the LI(C) District, the SPGA may give site plan review and approval in accordance with the procedures provided in Section 10.5.1-10.5.4, and may grant a special permit in accordance with the procedures provided in Section 10.4.3, for a project that satisfies the criteria and conditions set out below.

The SPGA may approve an application for site plan review and approval and/or special permit based on a finding that the proposed project, as submitted or modified prior to its action, is in compliance with the criteria for approval set forth in Section 10.5.5 and M.G.L.c.40A, Section 9; provided, however, that the SPGA may deny the application for site plan review and approval and/or special permit if it determines that the effect of the proposed project on the public interest is so intrusive that no reasonable conditions can be developed to avoid that effect.

The SPGA may in its discretion waive any of the standards and criteria stated in this

Section 6.8 or otherwise set forth in this Zoning By-law if the SPGA finds that such waiver does not derogate from the purposes of such standards and criteria because the proposed project satisfies the criteria stated in Section 10.5.5 of this Zoning By-Law.

Any special permit or site plan approval granted by the SPGA for a project in the LI (C) District shall lapse 3 years after the grant thereof, provided such period shall not include such time to pursue or await the determination of an appeal thereof.

6.8.4 Uses Uses allowed by right in either the Limited Industrial or Limited Industrial (B) Districts shall be allowed by right in the LI (C) District. Multiple principal or main buildings and uses shall be permitted on a Development Parcel.

In addition, the SPGA may issue a Special Permit for any use(s) within a Development Parcel in the LI (C) District which are allowed by Special Permit in either the Limited Industrial or Limited Industrial (B) Districts (whether or not such uses are conducted

-57- within a completely enclosed building) including, without limitation, a Hotel use on a Lot of not less than 2.5 acres, as well as any uses, facilities, amenities and structures accessory to any of the principal uses allowed hereunder within the Development Parcel(whether at, below, or above grade), including, without limitation, surface parking, below ground or above-ground, structured parking (not to exceed two levels above grade) and driveways and roadways, serving any principal uses within the Development Parcel.

6.8.5 Density and Dimensional Requirements The Density and Dimensional Requirements set forth in the table below shall apply in the LI (C) District. In the application of the requirements below, the same shall not be applied to the individual lots or ownership units comprising or within a Development Parcel, but shall be applied as if the Development Parcel were a single conforming lot, whether or not the Development Parcel is in single- or multiple-ownership at the time of issuance of a Special Permit or Site Plan Approval or thereafter; provided, however, that violation of this section by an owner or occupant of a single lot or ownership unit or leased premises within a Development Parcel shall not be deemed to be a violation by any other owner or occupant within the Development Parcel provided there exists an organization of owners.

Area, frontage, and bulk Development Parcel5

Minimum Lot Area 10 acres Minimum Frontage 250 ft. Maximum Building Coverage 30% Maximum Building Height1,2,3 70 feet Minimum Front Setback4 10 feet Minimum Side Setback4 10 feet Minimum Rear Setback4 10 feet

Footnotes:

1. Building heights shall be measured as set forth in the State Building Code 780 CMR 101.0 et seq.

2. The SPGA may allow an increase in the maximum height for any accessory structure(s) reasonably necessary for the safe and efficient operation of the principal use (e.g., support poles for “catch” netting used as part of a driving range or other similar commercial recreation facility), provided such structure(s) complies with applicable federal and state requirements.

3. See Section 4.3.3.

-58-

4. The SPGA may waive any setback distance where it finds such a waiver appropriate because of specific physical circumstances, such as irregular lot lines or other natural features that create open space or buffers.

5. Development Parcel shall mean one or more Lots within the LI (C) District which together are designated by a project applicant as a Development Parcel. The Lots comprising a Development Parcel need not be in the same ownership. Where the Development Parcel consists of more than a single Lot, the Lots, in

combination, shall be treated as the Development Parcel, may be contiguous or non-contiguous, and shall be considered one ‘Development Parcel’.

6.8.6 Parking, Loading and Driveway Requirements Projects in the LI (C) District shall provide and maintain off-street automobile parking (which may be either structured or non-structured, at, below or above grade) in connection with the erection, establishment or increase in units or dimensions of building, structures and principle uses, in the amounts set forth in Section 6.1.1 (which amounts may be in excess of the minimum amount required). The parking requirement for any accessory use shall be deemed satisfied by satisfying the parking requirements for the principal use.

Off-Street parking spaces, to the extent required by Section 6.1.1, may be provided anywhere within the Development Parcel and need not be on the same Lot as the parking generator.

Parking garages, parking decks, or any other parking structures, and the parking of any motor vehicles shall be allowed on and above ground level and below finished grade at any level, as may be allowed by the SPGA.

In addition to the requirements for automobile parking spaces there shall also be provided for each building or group of buildings sufficient off-street loading space to ensure that all loading operations take place off of the public way.

Projects in the LI (C) District shall require only one means of access to the public roadway system of the Town.

Pursuant to Section 6.1.15, the SPGA may, by Special Permit, authorize a deviation from or waiver of any parking or off-street loading requirement set forth herein or elsewhere in the Zoning By-Law.

6.8.7 Signs and Advertising Devises

-59- In issuing a Special Permit pursuant to this Section 6.8, the SPGA may authorize a comprehensive signage package for a project which signage deviates from the requirements which would otherwise be applicable pursuant to Section 6.3 of this By- Law provided that the Board finds that such comprehensive signage does not result in substantial detriment to the neighborhood.