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Home Page Zoning By-Laws
Date: October 1997
Location: Town of Billerica, Massachusetts

 


ZONING BY-LAWS OF THE TOWN OF BILLERICA

THESE BY-LAWS WERE COMPILED AND CODIFIED BY COMMITTEE APPOINTED UNDER SECTION 7-9-B OF THE 1979 BILLERICA CHARTER.

RE-CODIFIED UNDER ARTICLE 16 OF THE ANNUAL FALL TOWN MEETING OF OCTOBER 1, 1985 AND AMENDED THRU May 5, 1997 ANNUAL TOWN MEETING.

NOTES AND ACKNOWLEDGEMENT

1. The original Zoning By-Law of the Town of Billerica was adopted at a special Town Meeting, July 30, 1945, Article 1. Approved by the Attorney General July 31, 1945, Effective August 1, 1945.

2. Certain amendments passed during the years of 1962 through 1969 are subject to Chapter 427 of the Acts of 1970 and are marked with an asterisk*.

3. Explanation of Effective Date: Before July 1, 1978 - date of Attorney General approval is Effective Date. From July 1, 1978, Effective Date is date of Town Meeting approval.

4. For the purposes of this by-law the titles: Inspector of Buildings, Building Inspector and Building Commissioner are one and the same.

5. The By-Laws Review Committee wishes to acknowledge the efforts of Town Clerk Myrtie D. Smith; Assistant Town Clerk Shirley E. Schult; and Town Counsel Edward J. Owens, Esq.

Legend
Acronym
Fully Qualified
A.G.
Attorney General
T.M.
Town Meeting
Eff.
Effective Date
M.G.L.
Massachusetts General Laws


TABLE OF CONTENTS

Section 1. Purposes- Enactment

Section 2. Definitions

  • Section 2.1 Accessory Building or Use
  • Section 2.2 Adult Entertainment Establishments
  • Section 3. Establishment of Districts

    Section 4. Zoning District Boundaries

    Section 5. Building and Uses Permitted

  • Section 5.1 Buildings & Uses Permitted by Special Permit
  • Section 5.2 Buildings and Uses Prohibited
  • Section 5.3 District Objectives
  • Section 5.4 General Provisions
  • Section 5.5 Alcohol & Drug Rehabilitation Hospital Districts
  • Section 5.6 Flood Plain Districts
  • Section 5.6.A. Buildings & Structures Permitted
  • Section 5.6 B. Application for Building Permit
  • Section 5.6 C. Issuance of a Building Permit
  • Section 5.6 D. Board of Appeal Approval
  • Section 5.6 E. Other Uses
  • Section 5.6 H. Flood Plain District Boundaries
  • Section 5.6 I. Exemptions
  • Section 5.7.1 Use Regulations
  • Section 5.7.2 Principal Use Table
  • Section 5.7.3 Principal Use Table Narratives
  • Section 5.7.3.A. Nursing Care, Hospital, Rehabilitation Center & Cemetery
  • Section 5.7.3.AA. Fully Automated Business Establishment
  • Section 5.7.3.B. Dwelling & Elderly Housing
  • Section 5.7.3.BB. Self-Service Storage Facility
  • Section 5.7.3.C. Aboveground Utility
  • Section 5.7.3.D. Lodge or Club
  • Section 5.7.3.E. Earth Migration & Recreation
  • Section 5.7.3.F. Philanthropic
  • Section 5.7.3.G. Greenhouse
  • Section 5.7.3.H. Forestry, Agricultural, Conservation Use, Religious, Educational, Municipal, Underground Utility
  • Section 5.7.3.I. Retail Store, Bank & Personal Service
  • Section 5.7.3.J. Indoor Amusement
  • Section 5.7.3.K. Repair Shop & Building Trade, Business & Professional Offices & Research FacilitY
  • Section 5.7.3.L. Supermarket & Department Store
  • Section 5.7.3.M. Funeral Home
  • Section 5.7.3.N. Restaurant, Hotel & Motel
  • Section 5.7.3.O. Auto: Service, Repair, Sales, Body Repair, Washing, Leasing, Rental & Parking
  • Section 5.7.3.P. Truck: Service, Repair, Sales, Body Repair, Washing, Leasing, Rental and Parking
  • Section 5.7.3.Q. Storage Yard & Open Air Sales
  • Section 5.7.3.R. Aviation
  • Section 5.7.3.S. Light Manufacturing & Warehouse
  • Section 5.7.3.T. Flood Plain District
  • Section 5.7.3.U. Garden Apartments District
  • Section 5.7.3.V. Public & Private Dumping Ground District
  • Section 5.7.3.W. Refuse Transfer Station District
  • Section 5.7.3.X. Adult Entertainment District
  • Section 5.7.3.Y. Alcohol & Drug Rehabilitation Hospital District
  • Section 5.7.3.Z. Prohibited Uses
  • Section 5.7.3.ZZ. Compost District
  • Section 5.7.4. Accessory Uses
  • Section 5.8 Garden Style Apartment & Townhouse Districts
  • Section 5.8.A. District
  • Section 5.8.B. Site Plan Approval
  • Section 5.8.C. Area Requirements
  • Section 5.8.D. Site Coverage & Design Restriction
  • Section 5.8.E. Minimum Yard Requirements
  • Section 5.8.F. Height Restrictions
  • Section 5.8.G. Density
  • Section 5.8.H. Parking
  • Section 5.8.I. Infrastructures
  • Section 5.8.J. Fire Lanes
  • Section 5.8.K. Access Roads
  • Section 5.9. Adult Entertainment Establishments
  • Section 5.9.A. Adult Entertainment Establishments
  • Section 5.9.B. Minimum Area Per Lot
  • Section 5.9.C. Yard Space
  • Section 5.9.D. Permitted Uses
  • Section 5.10. Refuse Transfer Station District
  • Section 5.10.A. Definition
  • Section 5.10.B. Area, Frontage & Yard Space Requirements
  • Section 5.10.C. Building Height Restrictions
  • Section 5.10.C.1. Requirement of Site Plan
  • Section 5.10.C.2. Procedure Approval
  • Section 5.10.C.3. General Conditions for Approval
  • Section 5.10.C.4. Authority of the Board
  • Section 5.10.E. Wetlands or Flood Plain
  • Section 5.11. Private and Public Dumping Ground Districts
  • Section 5.11.A. Definition
  • Section 5.11.B. Area, Frontage & Yard Space Requirements
  • Section 5.11.C. Building Height Restriction
  • Section 5.11.D. Site Plan Approval
  • Section 5.11.D.1. Requirement for Site Plan
  • Section 5.11.D.2. Procedure Approval
  • Section 5.11.D.3. General Conditions for Approval
  • Section 5.11.D.4. Authority of the Board
  • Section 5.12. Residential Cluster Overlay (RCO) District
  • Section 5.12.A. Purpose
  • Section 5.12.B. Authority
  • Section 5.12.C. Permitted Use
  • Section 5.12.D. Dimensional Requirements
  • Section 5.12.E. Subdivision Approval Requirements
  • Section 5.12.F. Density
  • Section 5.12.G. Open Space Areas
  • Section 5.12.H. Open Space Area Ownership
  • Section 5.12.I. Procedures for Appoval
  • Section 5.12.J. Decision Criteria
  • Section 5.12.K. Plans Not Requiring Subdivision Approval
  • Section 5.12.L. Changes to Approved Plans
  • Section 5.13. Self-Service Storage Facilities
  • Section 5.13.A. Purpose
  • Section 5.13.B. Yard Spaces
  • Section 5.13.C. Green Strips
  • Section 5.13.D. Green Space
  • Section 5.13.E. Building Heights Permitted
  • Section 5.13.F. Lot Area & Lot Dimension Requirements
  • Section 5.13.G. Parking & Loading Regulation
  • Section 5.13.H. Use Limitations
  • Section 5.13.I. Signs
  • Section 5.13.J. Site Plan Review
  • Section 5.14. Historic Districts Overlay District
  • Section 5.14.A. Purpose
  • Section 5.14.B. Exceptions
  • Section 5.14.C. Definitions
  • Section 5.15. Composting District
  • Section 5.15.A. Purpose
  • Section 5.15.B. Area, Frontage & Yard Space Requirements
  • Section 5.15.C. Building Height, Green Strips, Screening, Green Space
  • Section 5.15.D. Signs
  • Section 5.15.E. DEP Requirements
  • Section 5.16. Elderly Housing Overlay Districts (EHOD)/A>
  • Section 5.16.A. Allowed Uses
  • Section 5.16.B. Area & Frontage Requirements
  • Section 5.16.C. Minimum Yard Requirements
  • Section 5.16.D. Parking
  • Section 5.16.E. Additional Requirements
  • Section 5.16.F. Density
  • Section 5.16.G. Deed Restrictions
  • Section 5.16.H. Overlay Application
  • Section 5.16.I. Fire Lanes
  • Section 5.16.J. Access Roads
  • Section 6. Earth Migration, Slopes, Walls and Fencing

  • Section 6.1. Earth Migration
  • Section 6.3. Slopes
  • Section 6.4. Fencing
  • Section 6.5. SPGA Designation
  • Section 7. Yard Spaces and Green Areas

  • Section 7.1. Yard Spaces in Residential Districts
  • Section 7.2. Yard Spaces in Business Districts
  • Section 7.3. Yard Spaces in Industrial Districts
  • Section 7.4. Green Strips
  • Section 7.5. Green Space
  • Section 8. Building Heights Permitted

  • Section 8.1. Residence Districts
  • Section 8.2. Neighborhood Business Districts
  • Section 8.3. General Business Districts & Commercial Districts
  • Section 8.4. Industrial Districts & Industrial Park Districts
  • Section 8.5. Height
  • Section 8.6. Walls, Barriers and Retaining Structures
  • Section 9. Lot Areas & Lot Widths Required

  • Section 9.1. Determining Area
  • Section 9.2. Reduction of Lot Size
  • Section 9.3. Lot Ownership
  • Section 9.4. Dimensions of Zoning Districts
  • Section 9.4.A. Dimensions in Residential Districts
  • Section 9.4.B. Power and Gas Easement
  • Section 9.4.C. Shape Requirements for Lots
  • Section 9.5. Summary Dimensional Table
  • Section 10. Corner Clearance

    Section 11. Non-Conforming Uses

    Section 12. Parking & Loading Regulations

  • Section 12.A. Required Parking & Loading Facilities
  • Section 12.B. Location of Required Parking
  • Section 12.C. Temporary Reduction by Special Permit
  • Section 12.D. Access and Egress
  • Section 12.E. Dimensional Restrictions
  • Section 12.F. Parking Space Dimensions
  • Section 12.G. Small Car Spaces
  • Section 12.H. Lighting
  • Section 12.I. Handicapped Parking
  • Section 12.J. Minimum Parking Space & Loading Requirements
  • Section 12.K. Parking Lot Landscaping
  • Section 12.L. Access Paving Requirements
  • Section 13. Occupancy Permits

    Section 14. Zoning Board of Appeal

  • Section 14.1 Composition, Term of Office
  • Section 14.2 Powers and Duties
  • Section 15. Amendments, Procedure

  • Section 15.1 Petitions
  • Section 15.2 Plans
  • Section 15.3 Publication of Notice
  • Section 15.4 Fee
  • Section 16. Sign Regulations

  • Section 16.1. Administration
  • Section 16.1.A. Applicability
  • Section 16.1.B. Application
  • Section 16.1.C. Building Commissioner Action
  • Section 16.1.D. Sign SPGA
  • Section 16.1.E. Special Permits
  • Section 16.2. General Regulations
  • Section 16.2.A. Government or Special Signs
  • Section 16.2.B. Residences
  • Section 16.2.C. Religious Institutions
  • Section 16.2.D. Real Estate Signs
  • Section 16.2.E. Illumination
  • Section 16.2.F. Signs Cannot Interfere with Traffic
  • Section 16.2.G. Construction
  • Section 16.2.H. Maintenance
  • Section 16.2.I. Prohibited Signs
  • Section 16.2.J. Signs Not Permitted
  • Section 16.2.K. Adopt-A-Street
  • Section 16.3 Residential Districts
  • Section 16.4 Business & Industrial Districts
  • Section 16.4.A. Wall sign
  • Section 16.4.B. Window Sign
  • Section 16.4.C. Projecting Signs
  • Section 16.4.D. Standing Signs
  • Section 16.4.E. Gasoline Filling Station & Garages
  • Section 16.4.F. Traffic Flow Signs
  • Section 16.4.G. Handicapped Parking Space Signs
  • Section 16.4.H. Changeable Letter Signs
  • Section 16.5 Non-Conformance of Signs
  • Section 17. Administration and Enforcement

  • Section 17.1 Building Commissioner
  • Section 17.1.A. Penalty
  • Section 17.1.B. Building Permits
  • Section 17.1.C. Conforming to Subsequent Amendments
  • Section 17.2. Special Permits (SP)
  • Section 17.2.A. Application Procedures
  • Section 17.2.B. Conforming to subsequent Amendments
  • Section 17.2.C. SPGA
  • Section 17.3. Public Hearing Fee
  • Section 17.4. Non-Criminal Disposition
  • Section 18. Site Plan Special Permits

  • Section 18.1. General
  • Section 18.2. Purposes
  • Section 18.3. Decision Criteria
  • Section 18.4. Applicability
  • Section 18.5. Requirements
  • Section 18.6. Site Plan Special Permit Procedure
  • Section 18.7. Preparation of Site Plan
  • Section 18.8. Waiver Procedure
  • Section 18.9. Security for Special Permits
  • Section 18.10. Effective Date
  • Section 18.11. Time Limitation
  • Section 18.12. Appeal
  • Section 18.13. Pre-App prior to June 1, 1987
  • Section 19. General Provisions

    Section 20. Validity

    Section 21. Effective Date


    Section 1 PURPOSES---ENACTMENT

    In order to promote the health, convenience, safety, morals or welfare of the inhabitants of the Town of Billerica, and for the purposes set forth in Chapter 40A of the General Laws, as amended, and under the authority thereof, the construction, reconstruction, alteration, repair, height, area, location and use of buildings and structures, and the use of land in the Town of Billerica are hereby regulated as herein provided, the town is divided into districts as hereinafter defined and as shown on a map entitled "Zoning Map of the Town of Billerica," which map is on file with the Town Clerk, and as it now appears or as it is hereafter amended, is hereby made a part of this by-law.

    Amended, Article 12, T.M. 3/12/55; Effective 8/12/55.

    Section 2 DEFINITIONS

    For the purpose of this By-Law, the following words and terms used herein are defined or the meaning thereof explained or limited: The word "shall" is mandatory, the word "may" is permissive. The present tense includes the future tense, the singular number includes the plural and the plural includes the singular.

    2.1 ACCESSORY BUILDING OR USE:

    Use or building customarily incident to and located on the same lot with the use or building to which it is accessory and not detrimental to the neighborhood.

    2.2 ADULT ENTERTAINMENT ESTABLISHMENTS:

    Shall include and be defined as follows:

    2.2.A. Adult Bookstore: An establishment having a substantial or significant portion of its stock in trade printed matter, books, magazines, picture periodicals, motion picture films, video cassettes, or coin operated motion picture machines for sale, barter or rental which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "Sexual Conduct" as that term is defined in G.L. C. 272, Section 31; or an establishment having for sale sexual devices which shall mean any device primarily designed, promoted or marketed to physically stimulate or manipulate the human genitals, pubic area or anal area, or an establishment with a segment or section devoted to the sale or display of such materials.

    2.2.B. Adult Live Entertainment Establishments: Establishments which feature live entertainment which consists of entertainers engaging in "Sexual Conduct" or "Nudity" as defined in G.L. C. 272, Section 31.

    2.2.C. Adult Motion Picture Theater: An enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "Sexual Conduct" as defined in G.L. C.272, Section 31 for observation by patrons therein.

    2.2.D. Adult Mini Motion Picture Theater: An enclosed building with a capacity for less than 50 persons used for presenting material distinguished or characterized by emphasis on matter depicting, describing or relating to "Sexual Conduct" as defined in G.L. C. 272, Section 31 for observation by patrons therein.

    Amended: Article 57, ASTM 5/2/95; Effective 5/23/95

    2.3 ALCOHOL AND DRUG REHABILITATION HOSPITAL:

    Any free-standing building or structure used to house patients for treatment of alcoholism and/or drug addiction and staffed full time by doctor(s), nurse(s) and security personnel.

    2.4 AUTOMOBILE:

    A two-axle motor vehicle with a ten thousand pound gross vehicle weight maximum and a maximum one hundred thirty-five inch wheel base.

    2.5 BILLBOARD:

    Any sign not an accessory sign, regardless of size.

    2.5.A. BUFFER ZONE:

    A portion of land to be retained in the natural state within which no structure, off-street parking, loading areas or other use shall be permitted.

    2.6 BUILDING:

    A combination of materials having a roof and forming a shelter for persons, animals or property. The word "building" shall be construed, where the context allows, as though followed by words "or sturcture or part or parts thereof."

    2.7 BUILDING HEIGHT:

    The height of a building or structure measured from the average height of all exposed walls including foundations, using the lowest point on each wall, to the highest portion of the roof, parapet or projection of the structure; the height will also include the height of the tallest wall, barrier, retaining structure and the like located on the same lot.

    Amended: Article 57, ASTM 5/2/95; Effective 5/23/95

    2.7.A BUILDING PERIMETER:

    A continuous line on the ground around a structure and perpendicular to the furthest roof extension.

    2.8 CAMPING VEHICLE:

    A registered self-propelled camper or automobile-drawn trailer used as a mobile camping facility, with sleeping equipment, which may or may not have toilet or cooking facilities.

    2.8.A. CANOPY:

    A free standing roof structure or a building extension roof structure with one or more side walls omitted.

    2.8.B DRIVE-IN (also called "DRIVE-UP"):

    A service establishment where the principal or accessory use is designed to permit customers to be served while they remain parked in their automobiles outside of a building.

    2.8.C DRIVE-THROUGH (also called "DRIVE-THRU"):

    A service establishment where the principal or accessory use is designed to permit customers to be served while they remain in their automobiles situated in a driveway or roadway.

    2.9 DUPLEX RESIDENCE:

    Two one-family residences separated by a partition wall, and not more than 2 stories in height.

    2.10 DWELLING UNIT:

    Living quarters for a single family.

    Amended: AFTM, 10/6/92; Article 26; Effective 10/15/92

    2.11 EARTH MIGRATION:

    The movement of sod, loam, soil, clay, sand, peat, umus, gravel or stone from:

    2.11.a. Any lot of land in the Town to another lot of land in the Town;

    2.11.b. Out of the Town to any lot of land in the Town;

    2.11.c. Any lot of land in the Town to anywhere out of the Town.

    2.12 FAMILY:

    Any number of individuals, living together as a single housekeeping unit.

    2.13 FIRE LANE:

    An open space in which no automotive vehicles may be parked and in which no building or structure may be erected without written permission from the Chief of the Fire Department, except that buildings may be interconnected by corridor or walkways, if provision is made for access by fire apparatus to all outside walls. The open space shall be between a building and a line parallel to and fifteen feet equidistant from a building.

    2.14 FLOOR AREA:

    The aggregate horizontal area in square feet of all floors of a building or several buildings on the same lot measured from the exterior faces of walls enclosing each building, exclusive of garages, and of cellar and basement used only for storage incidental to the operation or maintenance of such building or buildings. In the absence of information as to what portion of a building will be used for such storage and services, 80% of the aggregate floor area shall be deemed to be the floor area for the purposes of computing the required off-street parking.

    2.14.A FLOOR AREA RATION (F.A.R.):

    The ratio of building gross floor area to site area. Building gross floor area = F.A.R.. Total Area of Site

    2.15 FREIGHT:

    Goods or merchandise transported by a carrier generally for compensation

    2.16 FRONTAGE, LOT:

    A continuous portion of the boundary between a lot and an abutting street between lot lines or, in the case of a corner lot, between a lot line and the intersection of street lines or of street lines extended. The measurement of lot frontage shall not include jogs in street width, back-up strips and other irregularities in street line, and, in the case of a corner lot may at the option of the owner extend to the midpoint of the curve connecting street lines, instead of to their intersection. In the case of corner lots and lots with frontages on more than one street, each frontage shall be treated as a separate frontage so that the minimum frontage requirements outlined elsewhere in this by-law shall be satisfied on at least one street, which shall be considered as the frontage street.

    Amended: AFTM, 10/3/95, Article ; Effective10/19/95

    2.16.A FRONTAGE STREET:

    A street to which the owner of the lot has a legal right of access and which provides the required lot frontage.

    Amended: Article 59, AFTM, 10/3/95; Effective 10/19/95

    2.17 HALF STORY:

    See "Story, Half"

    2.18 HOME OCCUPATIONS:

    The practice or conduct of a profession or occupation, other than a retail business, provided that:

    2.18.A. The activity is administered or operated as a secondary and subsidiary use of the premises by a permanent resident of the premises;

    2.18.B. The employment of non-residents is prohibited unless authorized by Special Permit of the SPGA;

    2.18.C. No externally visible changes or additions shall be made which alter the residential character of the premises;

    2.18.D. The activity shall not be injurious, noxious or offensive to the senses of the neighborhood residents; this restriction includes but is not limited to, the effects of client traffic and/or parking.

    2.19 KIOSK:

    A small structure or building used as a refreshment booth, newsstand, photo sales and services, automated bank booth and the like.

    2.20 LOT:

    An area of land in one ownership with definite boundaries ascertainable by recorded deed or plan and used or set aside and available for use as the site of one or more buildings or for any other definite purpose.

    2.21 LOT AREA:

    Area within a lot, including land over which easements have been granted, but not including land within the limits of a street upon which such lot abuts, even if fee to such street is in the owner of the lot, except that if a corner lot has its corner bound by a curved line connecting other street lines, which, if extended, would intersect, the area may be computed as if such boundary lines were so extended. When determining compliance with the minimum lot area requirements in all zoning districts except the Townhouse and Garden Style Apartment District and Elderly Housing Overlay District, no less than 50% of the minimum lot area shall be free of Bordering Vegetative Wetlands as defined by MGL C. 131, sec. 40 and further by 310 CMR 10.00. In addition, such non-wetland area shall be contiguous. A certified plot plan drawn by a Professional Registered Land Surveyor and based on a determination made by the Conservation Commission shall be provided. Such plot plan shall reference the Conservation Commission's determination and shall contain a statement indicating the square footage of the non-wetland portion of the lot, the wetland line as determined by the Conservation Commission, the percentage of the minimum area requirement this represents and shall also include the name, address, and firm of the individual qualified to make the wetland determination.

    Amended: Article 18, ASTM, 5/7/96; Effective 7/14/96

    2.22 LOT CORNER:

    A lot bounded by more than one street which has an interior angle of 135 degrees or less formed by the tangents or straight segments of street lines between the side or rear lines of such lot or by an extension of such street lines. A lot bounded by one street shall be considered a corner lot when the tangents or straight segments of the street line between the side lines of the lot form, or would form if extended, an interior angle of 105 degrees or less.

    2.23 LOT FRONTAGE:

    See "Frontage, Lot"

    2.23.A MASSAGE/BODYWORK/MOVEMENT:

    Massage/bodywork/movement education professionals hereinafter referred to as "massage therapists", i.e. health professionals who utilize a combination of treatments and education to promote health and well being. Such treatments and education shall include but not be limited to Body-Mind Centering; Body-Oriented Psychotherapy; the Feldenkrais Method; Massage Therapy; Neuromuscular Therapy; Oriental Bodywork Therapies including Acupressure, Shiatsu and Okazari Restorative Massage; Polarity Therapy; Rolfing, the Tager Approach; and Muscular Therapy.

    2.24 MUNICIPAL:

    The word "municipal" means the Town.

    2.25 NON-CONFORMING USE OR BUILDING:

    A lawfully existing use or building which does not conform to the regulations for the district in which such use or building exists.

    2.26 OPEN AREA, PERCENTAGE:

    That percentage of the lot area which is not occupied by any structure.

    2.27 PARCEL:

    See "Lot".

    2.28 PARKING SPACE:

    An area in a building or on a lot available for parking one motor vehicle, with free and unimpeded access to a street over unobstructed passageways, aisles or driveways. The unimpeded access requirement does not apply to single-family house lots.

    2.29 PERSON:

    The word "person" shall include one or more individuals, a partnership, an association or a corporation.

    2.30 PUBLIC:

    The word "public" means the Town, Commonwealth of Massachusetts, United States Government or an agency thereof.

    2.31 REAR LINE OF A LOT:

    A line separating a lot from other lots or from land in a different ownership, being the boundary of a lot which is opposite or approximately opposite the frontage street. Where because of irregular lot shape, the building inspector and the lot owner cannot agree as to whether a lot line is a side or a rear line, it shall be considered a rear line. In the case of a corner lot, all lot lines other than street lines are side lot lines.

    2.32 RECORDED:

    The due recording in the Middlesex County North Registry of Deeds, or, as to registered land, the due filing in the Middlesex County North Land Registration Office.

    2.33 SANITARY SEWER:

    A public sanitary sewer of the Town.

    2.34 SCHOOL BUS:

    An automobile as defined in this section.

    2.35 SIDE LINE OF A LOT:

    A line separating a lot from other lots or from land in a different ownership, other than a street line or a rear lot line.

    2.36 SINGLE FAMILY RESIDENCE:

    A dwelling built singly and apart from any other building and designed and used exclusively for residential purposes by one family, and not more than 2 stories in height.

    Amended: Article 59, AFTM, 10/3/95; Effective 10/19/95

    2.37 SIGN:

    Any device designed to inform, direct or attract attention of persons not on the premises on which the sign is located, provided, however, that the following shall not be included in the application of the regulations of this by-law:

    2.37.a. Flags and insignia of any government, except when displayed in connection with a commercial promotion.

    2.37.b. Legal notices, identification, informational or directional signs erected or required by governmental bodies.

    2.37.c. Integral decorative or architectural features of buildings, except letters, trademarks, moving parts of moving lights.

    2.41 SIGN, ACCESSORY:

    Any sign or other advertising device which advertises, calls attention to, or indicates the person or activity occupying the premises on which the sign is erected or that advertises the property or some part of it for sale or lease and which contains no other advertising matter.

    2.42 SIGN, LANDSCAPED:

    A sign characteristically constructed of a mixture or display surface, evergreen shrubbery, flowers and a structure of brick, masonry, stone and the like building materials which are located on a lawn, garden or unconstructed locus on the lot.

    2.43 SIGN, NON-ACCESSORY:

    Any billboard or sign not an accessory sign.

    2.44 SIGN, PROJECTING:

    Any sign which is attached to a building and is not parallel to any wall to which it is attached. A sign in contact with the ground is not a projecting sign.

    2.45 SIGN, SIZE:

    The size of a sign shall include any intermediary removable surface to which it is affixed. The area of a flat two-faced projecting or standing sign is the area of one face. The width of a sign is its horizontal dimensions even when this is the smaller dimension.

    2.46 SIGN, STANDING:

    The term "standing sign" shall include any and every sign that is erected on the land. If a sign support holds more than one sign, each such sign is considered a separate standing sign.

    2.47 SIGN, TRAFFIC FLOW:

    A sign directing and guiding traffic and parking on private property, by bearing no advertising matter, symbols or other characteristics of a sign defined in Section 2.37.B.

    2.48 SIGN, WALL:

    A sign securely affixed parallel to the face of a building wall.

    2.49 SIGN, WINDOW:

    A sign affixed to or placed so as to be viewed through a window or transparent door. Signs on the interior of an establishment which are intended to be viewed from inside the establishment are not considered to be window signs even if they can be seen through a window or door. Displays of merchandise inside of a window are not considered to be window signs.

    2.50 SITE:

    One or more lots or parcels, or combination thereof which are contiguous or coterminous under the lawful control and in the lawful possession of one distinct ownership.

    2.47 SPGA:

    Special Permit Granting Authority.

    2.48 STORY:

    That portion of a building contained between any floor and the floor or roof next above it, but not including either the lowest portion so contained if more than one-half of such portion vertically is below the mean finished grade as defined in the State Building Code of the ground adjoining such building, or the uppermost portion so contained if under a sloping roof and not designed or intended to be used for human occupancy.

    2.49 STORY, HALF:

    A story directly under a sloping roof in which the points of intersection of the bottom of the rafters and the interior faces of the walls are less than three feet above the floor level on at least two exterior walls.

    2.50 STREET, ROAD OR WAY:

    An area of land dedicated, approved by the Planning Board, or legally open for public travel under at least one of the following classifications:

    2.50.A. A public way duly laid out by the Town, the Middlesex County Commissioners, or the Commonwealth of Massachusetts, or a way which the Town Clerk certifies is maintained by public authority and used as a public way, or

    2.50.B. A way shown on a plan theretofore approved and endorsed in accordance with the Subdivision Control Law;

    2.50.C. A way in existence having, in the opinion of the Planning Board, sufficient width, suitable grades, and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land abutting thereon or served thereby, and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon.

    2.50.D. A public or private way as aforesaid shall not be deemed to be a "street" as to any lot of land that does not have rights of access to and passage over said way.

    2.51 STREET LINE:

    The boundary of a street right-of-way or layout.

    2.52 STRUCTURE:

    Anything constructed or erected, the use of which requires a fixed location on the ground, or attachment to something located on the ground, including buildings, mobile homes, billboards, signs, tanks, swimming pools, covered or uncovered porches, steps, cornices, eaves and other projections, retired or unregistered trailers or trailer containers, retaining walls, fences using barbed wire (razor wire, etc.) or the like or parts thereof. However, this definition does not include an ornamental stone boundary wall or fence six feet or less in height above the mean finished grade of the land and adjoining land.

    Amended: STM, 10/18/94, Article 9; Effective 11/3/94

    2.53 SWIMMING POOL:

    Any pool having a depth of 24 inches or greater and a surface area of 250 square feet or greater.

    2.54 TEMPORARY STRUCTURE:

    Tent, construction shanty, or similarly portable or demountable structure intended for continuous use for not longer than three months.

    2.55 TEMPORARY USE:

    Use, operation or occupancy of a parcel of land, building or structure for a period not to exceed three calendar months.

    2.56 TOWN:

    Town of Billerica

    2.57 TRUCK:

    A motor vehicle other than an AUTOMOBILE and a SCHOOL BUS as defined in this section.

    2.58 TRUCK TERMINAL:

    A facility for freight:

    2.58.A. Cargo trucks and/or trailers to exchange cargoes;

    2.58.B. Cargo trucks to exchange trailers;

    2.58.C. Cargo trucks to exchange truck drivers;

    2.58.D. Cargo trucks and/or trailers to organize, classify, distribute cargoes;

    2.58.E. Cargo trucks and/or trailers temporary parking and the like.

    2.59 TWO-FAMILY RESIDENCE:

    A detached dwelling built for two families, one living above the other, and not more than 2 stories in height.

    2.60 WAREHOUSE:

    An accessory use building, other than to a trucking terminal, used for the reception and storage of goods or merchandise for a length of time where the building has no more than one shipping/receiving door/dock per ten thousand square feet of exclusively warehouse space.

    2.61 WAY:

    See "Street, Road or Way"

    2.62 YARD:

    An open space on a lot unoccupied by a building or structure or such parts thereof as covered or uncovered porches, steps, cornices, eaves and other projections; provided however, that fences, gates or security stations, ornaments and furniture and customary summer awnings are permitted in any yard but shall be subject to height limitations, except steps in the front and rear yards. Yard depth shall be measured from the street or lot line to the nearest point on a building in a line perpendicular or normal to such lot or street line. The minimum required yard shall be a strip of land of uniform depth required by this By-Law measured from the lot or street line and adjacent thereto.

    2.63 YARD FRONT:

    A yard extending between lot side lines across the lot adjacent to each street it abuts.

    2.64 YARD REAR:

    A yard extending between the side lines of a lot adjacent to the rear line of the lot.

    2.65 YARD SIDE:

    A yard extending along each side line of a lot between front and rear yards. Except in the case of a corner lot a yard extending along each side line of a lot between a front yard and a side lot line.
    Amended: Article 20, ASTM, 10/2/90; Effective 10/4/90
    Amended: Article 9, STM, 10/18/94; Effective 11/3/94
    Amended: Article 59, AFTM, 10/3/95; Effective 10/19/95

    2.66 SELF-SERVICE STORAGE FACILITY:

    An establishment consisting of a structure or group of structures containing separate storage spaces of varying sizes leased or rented for dead storage as individual leases. Individual storage spaces shall be leased or rented to tenants who are to have access to said space for the purpose of storing or removing personal property. No individual storage space shall exceed nine hundred (900) square feet of gross floor area. Trucking terminals are specifically excluded from this definition and the intent is to limit the definition to that use set forth in Massachusetts General Laws Chapter 105A Self-Storage Facilities.
    Amended: Article 13, T.M., 3/12/55; Effective 8/12/55
    Amended: Article 33, T.M., 4/5/83; Effective 4/5/83
    Amended: Article 5, T.M., 11/29/83; Effective 11/29/83
    Amended: Article 17, T.M., 10/1/85; Effective 10/3/85
    Amended: Article 19, T.M., 10/1/85; Effective 10/3/85
    Amended: Article 7, STM, 5/5/87; Effective 5/19/87
    Amended: Article 43, TM, 10/6/87; Effective 10/20/87
    Amended: Article 51, ASTM, 5/2/89; Effective 5/16/89
    Amended: Article 57, ASTM, 5/2/89; Effective 5/18/89
    Amended: Article 20, AFTM, 10/2/90; Effective 10/4/90

    Section 3 ESTABLISHMENT OF DISTRICTS

    3.1 For the purpose of this By-Law, the Town of Billerica is hereby divided into Zoning Districts as shown on the Zoning Map, as amended and as designated in this By-Law as follows:

    3.1.1 FLOOD PLAIN DISTRICTS

    3.1.2 RESIDENTIAL DISTRICTS

    3.1.2.a. Village Residence

    3.1.2.b. Neighborhood Residence

    3.1.2.c. Rural Residence

    3.1.2.d. Garden Style Apartment & Townhouse District

    3.1.3 BUSINESS DISTRICT

    3.1.3.a. Neighborhood Business Districts

    3.1.3.b. Adult Entertainment Districts

    3.1.3.c. General Business Districts

    3.1.3.d. Commercial Districts

    3.1.4 INDUSTRIAL DISTRICTS

    3.1.4.a. Industrial Park Districts

    3.1.4.b. Industrial Districts

    3.1.4.c. Refuse Transfer Station Districts

    3.1.4.d. Private and Public Dumping Ground Districts

    3.1.4.e. Self-Service Storage Facility Districts

    3.1.5 ALCOHOL & DRUG REHABILITATION HOSPITAL DISTRICT

    3.1.6 HISTORIC DISTRICTS OVERLAY DISTRICT

    3.1.7 RESIDENTIAL CLUSTER OVERLAY DISTRICT

    3.1.8 COMPOSTING DISTRICT

    3.1.9 ELDERLY HOUSING OVERLAY DISTRICT

    Amended: Article 15, T.M., 3/12/55; Effective 8/12/55
    Amended: Article 51, T.M. 3/10/56; Effective 1/4/57
    Amended: Article 16, T.M., 3//19/62; Effective 7/12/62
    Amended: Article 22, T.M., 1/16/73; Effective 8/16/73
    Amended: Article 12, T.M., 3/6/81; Effective 3/6/81
    Amended: Article 31, T.M., 4/5/83; Effective 4/5/83
    Amended: Article 6, T.M., 11/29/83; Effective 11/29/83
    Amended: Article 15, T.M., 10/2/84; Effective 10/2/84
    Amended: Article 17, T.M., 10/1/85; Effective 10/3/85
    Amended: Article 19, T.M., 10/1/85; Effective 10/3/85
    Amended: Article 43, FTM, 10/6/87; Effective 10/20/87
    Amended: Article 39, FTM, 10/4/88; Effective10/20/88
    Amended: Article 20, STM, 5/5/94; Effective 5/10/94
    Amended: Article 47, AFTM, 10/4/94; Effective 10/13/94
    Amended: Article 52, ASTM, 5/2/95; Effective 5/18/95
    Amended: Article 58, AFTM, 10/3/95; Effective 10/19/95

    Section 4 ZONING DISTRICT BOUNDARIES

    4.1 DETERMINATION OF ZONING DISTRICT BOUNDARIES

    The location of zoning district boundaries is as shown upon the Zoning Map and shall be determined as follows:

    4.1.A. Where the zoning boundary lines are shown upon the map as the street lines of public or private streets or ways, the center lines of such streets or ways shall be the boundary lines.

    4.1.B. Where zoning boundary lines are shown approximately on the location of existing property or lot lines and the exact location of the zoning boundaries is not indicated by means of figures, distance or otherwise, the property or lot lines shall be the zoning boundary lines.

    4.1.C. Where the zoning boundary lines are shown upon the map outside of street lines and approximately parallel thereto, they shall be considered to be parallel to such street lines. Figures placed upon the map between the zoning boundary lines and the street lines indicate measurements at right angles to the street unless otherwise specified.

    4.1.D. In cases not covered by provisions of paragraphs A., B. and C. immediately preceding, the location of zoning boundary lines shall be determined by the distances in feet when given upon the map, or when distances are not given, by the scale of the map.

    4.1.E. Whenever the exact location of zoning boundary lines cannot be precisely determined under the provisions stated above, the identification and location of such a line shall be determined by the Planning Board and submitted for Town Meeting approval, subject to any amendments Town Meeting may desire; in the interim period, the most restrictive zone on the lot in question will prevail as they range from more restrictive to less restrictive in the order they appear in Section 3.

    Amended: Article 14, T.M., 3/12/55; Effective 8/12/55
    Amended: Article 19, T.M., 10/1/85; Effective 10/3/85

    4.2 DESIGNATION OF GENERAL AND NEIGHBORHOOD BUSINESS DISTRICTS

    Voted that the Town amend the Zoning Map by designating as General Business all the former business zoning districts by their respective boundaries lawfully existing as of February 28, 1955, within the following general locations of Billerica, namely:

    4.2.A. Adjoining both sides of Boston Road from the Burlington Town line northerly to the Chelmsford Town line;

    4.2.B. At Rio Vista, adjoining both sides of Nashua Road near the Concord River, extending from a point on the center line of Nashua Road only two ????

    4.2.C. By designating as Neighborhood Business all other former business zoning districts by their respective boundaries lawfully existing as of February 28, 1955, in all other locations wheresoever situated throughout the Township of Billerica.

    Amended: Article 20, T.M., 3/12/55; Effective 8/12/55

    4.3 DESIGNATION OF RESIDENTIAL DISTRICTS

    Voted to amend the Billerica Zoning Map but only all those areas throughout Billerica residentially zoned at the time of the vote on this article, by changing all of them into one or more kinds of residential zoning districts named in Section 3 of the Billerica Zoning By-Law as voted to be amended, such new residential zoning districts being located as designated and described hereunder:

    4.3.1 VILLAGE RESIDENCE DISTRICTS

    All land and water areas within the locations described below that are not zoned for Neighborhood Business, General Business or Industry are hereby declared to be in VILLAGE RESIDENCE districts:

    4.3.1.A. At North Billerica, bounded northerly by the Chelmsford-Tewksbury electric power transmission line; easterly by the railroad; southerly by the center line of Mt. Pleasant Street and said line extended from the railroad to the river; southeasterly by the thread of the river; southerly by the center line of Charlesmere Road and said line extended from the river to Boston Road; southerly and southwesterly by the center line of Chelmsford Road between Boston Road and the Billerica-Chelmsford Town Line; Northwesterly by said Billerica-Chelmsford Town Line.

    4.3.1.B. At East Billerica, bounded northerly by a line parallel to and 800 feet northerly from the center line of Andover Road between the power line and the Billerica-Tewksbury Town Line; northeasterly by said Town Line; southeasterly by said Billerica-Tewksbury Town Line; westerly and southwesterly by a line parallel to and 200 feet westerly from the center line of Bellflower Road between said Town Line and Salem Road, and thence by a line parallel to and 200 feet southwesterly from the center line of Salem Road between Bellflower Road and Baldwin Road, and thence by a line parallel to and 200 feet westerly or southwesterly from the center line of Route 129 between Baldwin Road and the electric transmission power line; westerly by the center line of said electric power transmission line.

    4.3.1.C. At Pinehurst, bounded northeasterly by a line parallel to and 200 feet southwesterly from the center line of that portion of Bignell Road between Cook Street and the electric power transmission line and by the center line of the electric power transmission line between Bignell Road and the Billerica-Burlington Town Line; southeasterly, southwesterly and southeasterly again by said Billerica-Burlington Town Line between the electric power transmission line and a point on said Town Line 1400 feet southwesterly from its intersection with Burlington Road center line; southwesterly, by a line parallel to and 200 feet southwesterly from the center line of Wildwood Avenue, and said line extended between the aforesaid portion of the Billerica-Burlington Town Line and the Shawsheen River westerly of the intersection of Wildwood Avenue and Robin Road; westerly and northwesterly by the thread of the Shawsheen River; northeasterly by the center line of Boston Road between the Shawsheen River and Cook Street; northwesterly by a line parallel to and 250 feet southeasterly from the center line of Cook Street between Boston Road and Bignell Road.

    4.3.1.D. At Nutting Lake, bounded northerly by a line parallel to and 200 feet northerly from the center line of Laurel Street and said line northeasterly and westerly; northwesterly by a line parallel to and 200 feet northwesterly from the center line of that portion of Friendship Street between Everett Street and Plenty Street near Old Middlesex Turnpike, and said line extended both easterly and westerly; westerly by Billerica-Bedford branch of B & M RR; southwesterly by the limited access State Highway Route 3 between the intersection with said railroad and its intersection with Manning Road; southerly by the center line of Pearl Road and said line extended westerly to new Route 3 and easterly to and beyond Lexington Road; easterly by a line parallel to and 200 feet easterly from the center line of Lexington Road.

    4.3.1.E. At Rio Vista, bounded northeasterly by a line parallel to and two thousand eight hundred (2,800) linear feet southwesterly from the center line of new Route 3 right-of-way; southeasterly by the thread of the Concord River; southwesterly by the Billerica-Carlisle Town Line, and northwesterly by the center line of Treble Cove Road, from said town line to a point on said Treble Cove Road 400 feet northeasterly of its intersection with Pequot Street center line.

    4.3.1.F. At River Pines, bounded northerly by the center line of Bridge Street; easterly by the thread of the Concord River; southwesterly by the center line of Old Middlesex Turnpike; and westerly and northwesterly and northerly by the center line of Treble Cove Road between Old Middlesex Turnpike and Bridge Street.

    4.3.2 NEIGHBORHOOD RESIDENCE DISTRICTS

    All land and water areas with the locations described below that are not zoned for Village Residence, Neighborhood Business, General Business or Industry are hereby declared to be NEIGHBORHOOD RESIDENCE DISTRICT.

    4.3.2.A. The central portions of Billerica Township bounded northerly by the center line of Mt. Pleasant Street and said line extended from the railroad to the Concord River; northeasterly and northerly by the B & M RR Main Line, Southern Division; southeasterly by a line parallel to and 1,400 feet easterly from the center line of that portion of High Street near the Old Middlesex Canal; southeasterly by the northwestern most boundary of land now or formerly B & M RR Shops and yard tracks; easterly by a line parallel to and 600 feet easterly from that portion of the Billerica-Bedford Branch of B & M RR extending from Salem Road to and beyond Old North Cemetery; northerly by a line parallel to and 700 feet northerly from the center line of that portion of Salem Road between the Billerica-Bedford branch of B & B RR and Pond Street and said line extended easterly, easterly by a line parallel to and 700 feet easterly from the center line of that portion of Pond Street between Arch Avenue and Andover Road; northerly and northeasterly by a line parallel to and 700 feet northerly and northeasterly from the center line of that portion of Andover Road between Pond Street and Allen Road; easterly by a line parallel to and 700 feet easterly from the center line of Allen Road between Andover Road and Pine Road; northerly and northeasterly by a line parallel to the center line of Pine Road and of Sylvan Road and said line extended easterly to the Shawsheen River ; southeasterly by the Shawsheen River; southwesterly by a line parallel to and 700 feet southwesterly from Boston Road between the Shawsheen River and Wyman Road; southeasterly by a line parallel to and 700 feet southeasterly from the center line of that portion of Wyman Road between Boston Road and School Lane; southeasterly and southerly by a line parallel to and 700 feet southerly from the center line of School Lane; westerly by a line parallel to and 200 feet easterly from Lexington Road; southerly again by a line parallel to and 200 feet northerly from the center line of Laurel Street and said line extended, and by a line parallel to and 200 feet northerly from the center line of that portion of Friendship Street between Everett Street and Plenty Street and said line extended easterly and westerly; southeasterly by the B & M RR, Billerica-Bedford branch, southwesterly by the new limited access State Highway Route 3 between said Railroad and the Concord River generally, westerly by the thread of the Concord River between said new State Route 3 and the center line of Mt. Pleasant Street extended from the Railroad to the river at North Billerica.

    4.3.3 RURAL RESIDENCE DISTRICTS

    All land and water areas within Billerica Township not above designated Neighborhood Residence, Village Residence, Neighborhood Business, General Business, or Industrial Zoning Districts are hereby expressly declared to be in RURAL RESIDENCE zoning districts.

    Amended: Article 20, T.M., 3/12/55; Effective 8/12/55
    Amended: Article 53, T.M., 3/10/56; Effective 1/4/57

    4.3.4 HISTORIC DISTRICTS OVERLAY DISTRICT

    All land shown on the Town's Historic District Maps recorded at the Middlesex North District Registry of Deeds in Plan Book 174, Plan 103 shall be designated as an Historic Districts Overlay District.

    Amended: Article 20, STM., 5/5/94; Effective 5/10/94

    Section 5 BUILDINGS AND USES PERMITTED

    5.1 Building and Uses Permitted by Special Permit

    Deleted Special Town Meeting, 5/5/87; Article 10: Effective 5/19/87

    5.2 Buildings and Uses Prohibited

    Deleted Special Town Meeting, 5/5/87, Article 11; Effective 5/19/87

    5.3 District Objectives

    5.3.4 The following districts are established to include, but not limited to the following objectives and performance standards:

    5.3.4.A. To lessen congestion in the streets

    5.3.4.B. To conserve health

    5.3.4.C. To secure safety from fire, flood, panic and other dangers

    5.3.4.D. To provide adequate light and air

    5.3.4.E. To prevent overcrowding of land

    5.3.4.F. To avoid undue concentration of population

    5.3.4.G. To encourage housing for persons of all income levels

    5.3.4.H. To conserve the value of land, buildings and structures

    5.3.4.I. To conserve natural resources

    5.3.4.J. To prevent blight

    5.3.4.K. To prevent pollution of the environment

    5.3.4.L. To encourage the most appropriate use of land throughout the Town

    5.3.4.M. To preserve and increase amenities

    5.3.4.N. To preserve and enhance the development of the natural, scenic and aesthetic qualities of the community

    5.3.4.O. To consider recommendations of the Town's master plan, comprehensive plan, strategic plan and the like, if any

    5.3.4.P. To prevent obnoxious, hazardous or injurious uses to the neighborhood or to property

    5.3.4.Q To facilitate the adequate provision of:

    5.3.4.Q.B. Transportation

    5.3.4.Q.C. Water supply

    5.3.4.Q.D. Drainage

    5.3.4.Q.E. Sewage Disposal

    5.3.4.Q.F. Schools

    5.3.4.Q.G. Parks

    5.3.4.Q.H. Open space

    5.3.4.Q.I. Other public requirements

    5.4 General Provisions

    5.4.A. In the following Sections, Districts and Table of Use Regulations, the designated buildings and alterations and extensions thereof and buildings accessory thereto and designated uses of land, buildings, or parts thereof and uses of land, buildings, or parts thereof and uses accessory thereto are permitted, along with any exceptions that may apply;

    5.4.B. Sign Regulations are included separately in Section 16 of this By-Law;

    5.4.C. The Special Permit Granting Authority (SPGA) for Section 5 is the Board of Appeal;

    5.4.D. All other buildings and uses not expressly authorized in this By-Law are expressly prohibited.

    5.4.E. In all districts, vehicle access curb and sidewalk openings shall be limited to an aggregate of twenty-four feet in each fifty feet of frontage and no such curb or sidewalk openings shall exceed twenty four feet in width.

    5.4.F. In all districts, vehicle access curb and sidewalk openings to which the general public will have a limited or unlimited right of access shall not be made until a street opening permit for such openings has been issued by the Superintendent of Public Works with a copy to the Inspector of Buildings; the Inspector of Buildings shall not issue a building permit until application for the aforementioned street opening permit has been approved by the Superintendent of Public Works and the Chief of Police, or their designees, to assure that all standards of the Department of Public Works, Public Safety and Public Convenience have been met. For the purpose of this section, it shall be assumed that curbs and sidewalks are existing within every street layout.

    5.4.G. In all districts, surface runoff rates to existing and discrete off site areas for the predevelopment existing condition must not be increased for the post development condition.

    5.4.H. In all districts, except Residential Districts screening shall be provided, erected and maintained to shield business and industrial uses of land and buildings from adjoining residential and municipal lots and shall consist of a solid fence, wall, landscaped earthen barrier, evergreen planting or combination of these elements not less than six feet in height and along the property line. Screening may be reduced to three and one-half feet where it acts to shield an adjacent public way. Where planting is used, the height, distance and materials shall be approved by the Inspector of Buildings in order that a completely effective barrier be accomplished.

    Amended: STM, 5/5/87, Article 9; Effective 5/19/87

    5.4.I. In all districts, the following information shall be submitted to the Building Department as a prerequisite to the issuance of a building permit:

    5.4.I.1. A properly completed building permit pre-application with all required approvals;

    5.4.I.2. Building permit fee as most recently required;

    5.4.I.3. A brief description, in terms of the uses permitted within this By-Law, of the intended use of any new structure or addition to an existing structure. Said description to be noted in a conspicuous place on the plan submitted with the pre-application for the building permit;

    5.4.I.4. A pre-application for a building permit for an addition to an existing building (s) must be accompanied by a plot plan showing the existing building(s) on the lot, the proposed addition, lot number, book and page of the owner of record, size of the lot, distance from all streets, side lines, easements, water and sewer lines, and any other data required by the Inspector of Buildings;

    5.4.I.5. A pre-application for a building permit for all new structures must be accompanied by a site plan drawn in a scale of one inch equals forty feet, showing the north point, proposed location of the building(s) or structure(s) on the lot, book and page number of the owner of record, lot number, size of the lot, distances from all streets, side lines and easements, elevation contour lines drawn at a two foot contour interval, boundaries of the flood plain and wet lands, water and sewer lines and services, and any other data required by the Inspector of Buildings to prove zoning compliance;

    5.4.I.6. In the event that the plan filed with the building permit pre-application is larger than twenty four inches by thirty-six inches, the Inspector of Buildings may accept a plan showing the building(s) and surrounding area for a distance of at least one hundred feet at a scale of one inch equals one hundred feet or such other scale as may be appropriate to show the entire lot on one or more sheets of a convenient size;

    5.4.I.6. Site plans for business and industrial buildings and structures shall additionally include the design of on-site drainage, layout of roads, driveways, curb cuts, walk ways, parking requirements and the provisions for the handicapped as detailed in the Rules and Regulations of the Architectural Barrier Board;

    5.4.I.8. A valid sewage disposal permit issued by the Health Department for all new buildings and structures which will not be serviced by Town Sewer; permission granted by the Health Department for all additions to existing structures, swimming pools, etc. which will not be serviced by Town Sewer, or a valid Town Sewer Connection Permit;

    5.4.I.8. The foregoing information together with the plot plan or site plan certified and stamped by a land surveyor or civil engineer registered by the Commonwealth of Massachusetts must be submitted to and accepted by the Inspector of Buildings prior to the erection of any part of a building or structure;

    5.4.I.10. Foundationless agricultural production buildings shall be exempt from Section 5.4.I.

    5.4.I.A. In all districts, except residential, stone or masonry bounds markers must be installed by a registered land surveyor or registered professional civil engineer, and maintained for inspection at all times to reflect the metes, bounds and courses of each lot prior to the issuance of a building permit.

    5.4.I.B. No trailer of any size, make or description excepting small utility, boat trailers, campers and/or travel for storage purposes only customary to home use shall be allowed in any zoning district except Industrial Zones, or by Special Permit for storage purposes in the General Business District for a maximum of six (6) months, or unless used in connection with new construction in the Town and only then after permission from the Inspector of Buildings. Each trailer used for nonresidential use shall obtain a building permit in addition to all other applicable permits.

    Amended: Article 56, SFTM 10/1/89; Effective 10/19/89

    5.4.L. No residential trailer with or without wheels shall be allowed in any zoning district except within the now existing confines of the trailer park unless for parking and/or storage of the unit. The Building Inspector may issue temporary permits for an emergency use of a residential trailer, with approval of the Board of Health, not to exceed 90 days, with one thirty (30) day extension. Further extension beyond one hundred and twenty (120) days must have the approval of the SPGA.

    Amended: Article 19, TM, 10/1/85; Effective 10/3/85

    5.4.M. Drive-Through service establishments are permitted provided that:

    5.4.M.1. Customers are served inside the perimeter of a building, enclosure or canopy;

    5.4.M.2. The green areas required in Section 7 are fully maintained;

    5.4.M.3. That adequate safeguards are employed to control the disposal of disposable containers including requirements for the use of biodegradable materials.

    Amended: AFTM 10,6/92, Article 26; Effective 10/15/92

    5.5 Alcohol and Drug Rehabilitation Hospital Districts

    5.5.A. Alcohol and/or Drug Rehabilitation Hospitals as defined in Section 2, part 3 of the zoning by-laws. Such Alcohol and Drug Rehabilitation Hospitals shall be restricted to operation within the Alcohol and Drug Rehabilitation Hospital District only.

    5.5.B. Screening shall be provided, erected and maintained to shield the establishment from adjoining residential or municipal properties. Screening shall consist of a solid fence, wall or evergreen planting, in all cases not less than six (6) feet in height. Where planting is used, of height, distance and material approved by the Building Commissioner.

    5.5.C. Vehicle access curb and sidewalk openings shall be limited to twenty-four (24) feet in each fifty (50) feet of frontage and no such curb or sidewalk openings shall exceed twenty-four (24) feet in width.

    5.5.D. The minimum area per lot shall be 120,000 square feet and not less than 200 feet of street frontage and not more than 25% of the total area of any such lot shall be covered by any buildings, structures or pavement.

    5.5.E. Yard space, building height and any other provisions of the zoning by-laws applicable to General Business Districts shall apply to lots within Alcohol and Drug Rehabilitation Districts unless contrary to the provisions contained in this section.

    Amended: Article 17, T.M., 10/1/85; Effective 10/3/85

    5.6 Flood Plain Districts

    5.6.A. Buildings and Structures Permitted: The purpose of this district is to promote the health and safety of the occupants of lands deemed subject to seasonal or periodic flooding. The land included in this district is also included in one of the other districts defined in this by-law. It is the intention of these regulations that the requirements of the Flood Plain District shall be considered to apply in addition to the requirements of whatever other district may include the land. No building or structure intended for human occupancy, either continuous or intermittent, shall be erected or placed in the Flood Plain District unless a special permit for an exception is granted by the Board of Appeal. Only those buildings and structures which in the opinion of the Board of Appeal, are so situated and constructed as to be suitable and safe for human occupancy shall be permitted; such permit shall be secured in the manner prescribed in this section.

    Amended: Article 16, T.M. 3/10/62; Effective 7/12/62
    Amended: Article 44, T.M. 3/12/66; Effective 5/26/66

    5.6.B. Application for Building Permit: Any person desiring a permit to erect or place a structure or building for human occupancy, either continuous or intermittent, within this district, shall submit to the Building Inspector an application which shall be accompanied by plans of the building or structure, the lot and the adjacent land to the extent required to understand the flooding conditions. Said plans, prior to submission, shall have endorsed thereon the approval of the Board of Health. Upon receipt of the application and properly endorsed plans, the Building Inspector shall transmit these forthwith to the Board of Appeal.

    5.6.C. Issuance of a Building Permit: No building permit shall be issued unless the Board of Appeal has granted a special permit as an exception as provided in this subsection. All permits issued shall indicate the condition under which the Board of Appeal approval is granted.

    Amended: Article 44, T.M., 3/12/66; Effective 5/26/66

    If after ninety (90) days from receipt of said application and properly endorsed plans, the Board of Appeal has failed to act., the Building Inspector may issue a building permit without restrictions under this section of the Zoning By-Laws.

    Amended: Article 44, T.M., 3/12/66; Effective 5/26/66

    5.6.D. Board of Appeal Approval

    5.6.D.4. The Board of Appeal shall grant an approval under this section if it finds:

    5.6.D.4.a. That the Board of Health has approved whatever solution is offered to drainage and sewage disposal problems incident to the erection or placement of said building or structure.

    5.6.D.4.b. That access to said structure or building shall be constructed at an elevation sufficiently high to insure that it can be maintained as safe at all times.

    5.6.D.4.c. That all spaces contemplated for use are elevated at least two feet above the expected water level in flood periods for the particular flood plain district as defined by the map of the Flood Plain District and that the fill and foundations are installed in a manner to be safe from erosion and undermining by flood waters.

    Amended: Article 44, T.M., 3/12/66; Effective 5/26/66

    5.6.D.4.d. That the use of the premises will not endanger the health or safety of the occupants thereof, or of other land in the Flood Plain District

    5.6.D.4.d.2. In the event that, in the opinion of the Board of Appeal such buildings, structures or plans do not comply with the intent and purposes of this section, the Board shall issue a denial. Said denial shall include a general statement indicating the reasons for the action, and be transmitted forthwith to the applicant. The Building Inspector shall then formally deny the issuance of a permit.

    5.6.E. Other Uses No land in such district shall be filled or paved except with the approval, after a public hearing, of the Board of Appeal.

    Amended: Article 31, T.M., 4/5/83; Effective 4/5/83

    Uses other than those requiring special permits for exceptions as required in this subsection 5.6 shall be permitted provided such uses are permitted in the particular zoning district containing the particular land involved. All conditions and qualifications of said zoning district shall apply.

    Amended: Article 44, T.M., 3/12/66; Effective 5/26/66

    5.6.F. Nothing contained in this Section 5.6 shall limit the authority of the Board of Health with respect to premises in the Flood Plain District or affect the applicability of the Billerica Building Code and Plumbing Regulations to any building in the Flood Plain District.

    5.6.G. A site plan approval issued by the Board of Appeal or a building permit issued by the Building Inspector before the effective date of this section 5.5 shall be deemed to be a permit hereunder.

    5.6.H Flood Plain District Boundaries In order to determine the boundaries of the Flood Plain District, the following reference maps shall be the sole determining factor. All land shall be considered in the flood plain whenever any one or more of the following four (4) conditions exist for that land that is contiguous to a river, brook, and/or pond. The Town Engineer and the Board of Health shall be the custodians of these maps. The Board of Appeals shall use these contour elevations to determine its requirements for granting any special permits.

    5.6.H.1. Green Maps: Any land showing flood plain limits on the 1973 Town of Billerica, Massachusetts, Flood Plain Index Maps prepared by Green Engineering Affiliates, Inc. (Green Maps) including the set of one hundred forty seven (147) one hundred (100) scale contour maps prepared by Green Engineering Affiliates, Inc.

    5.6.H.2. Concord River Adjustment: Any land shown on the Green Maps along the Concord River after an adjustment of three (3) feet below the flood contour as delineated shall be considered within the 100 year flood level.

    5.6.H.3. Shawsheen River Adjustment: Any land shown on the Green Maps along the Shawsheen River after an adjustment of one (1) foot below the flood contour as delineated shall be considered within the 100 year flood level.

    5.6.H.4. Federal Maps: Any land shown on the Flood Insurance Rate Map (FIRM), community panel number 250183-0001, with an effective date of August 5, 1985, U.S. Department of Housing and Urban Development Federal Insurance Administration, including any future adjustments or amendments. The use of this map shall be to meet the requirements of the National Flood Insurance Program. In all cases, the reference map which delineates the highest flood elevation shall supersede all others. Nothing in this section shall prohibit the Conservation Commission and/or the Board of Health from making non-zoning determinations of the flood plain and performing its required duties.

    Amended: Article 21, T.M., 10/7/80; Effective 10/7/80
    Amended: Article 47, T.M., 5/7/85; Effective 5/14/85
    Amended: Article 25, AFTM, 10/5/93; Effective 10/14/93

    5.6.I. All buildings designed for human occupancy, which are existing on the date this amendment is voted shall be exempt from the provisions of Subsection 6 of section 5, whether or not said buildings are located within the boundaries of the Flood Plain District.

    5.7. Use Regulations, Table of Principal Uses & Use Narratives

    5.7.1. Use Regulations

    A use listed in the following table is permitted in any district under which it is denoted by the word "yes". If denoted by the letters "SP", the use is permitted only if a Special Permit is obtained as provided herein by the SPGA, Board of Appeal and/or Planning Board as appropriate and makes such specific findings as may be required by this By-Law with respect to such use and other particular uses may also require special permits if included in Section 5.1. If donated by the word "NO", the use is prohibited in any district which it is denoted and other prohibited uses may also be found in Section 5.2. Flood Plain, Garden Apartment, Refuse Transfer Station, Private and Public Dumping Ground and Adult Entertainment Districts are detailed separately in Section 5.6, Section 5.8, Section 5.10, Section 5.11 and Section 5.9 respectively of this By-Law; the remaining districts and uses are as follows:

    5.7.2. Principal Use Table

    [SubSections "A" through "ZZ"] (See Section 5.7.3. for Narrative details)
    Sec
    District Class
    Residential
    Business
    Industrial
    (1)
    Village
    Neighborhood
    Industrial
    (2)
    Neighborhood
    General
    Industrial Park
    (3)
    Rural
    Commercial
    A Nursing Care, Hospital, Rehab Center, Cemetery
    SP
    No
    No
    AA Fully Automated Business Establishments
    SP
    No(1) SP(2-3)
    SP
    B Dwelling & Elderly Housing
    Yes
    Yes(1-2) No(3)
    No
    BB Self-Service Storage Facility
    See 5.13
    See 5.13
    See 5.13
    C Above Ground Utility
    SP
    SP
    SP
    D Lodge or Club
    SP
    SP
    No
    E Earth Migration & Recreation
    SP
    SP
    SP
    F Philanthropic
    SP
    Yes
    Yes
    G Greenhouse
    SP
    No(1-2) Yes(3)
    Yes
    H Forestry, Agricultural, Conservation, Religious, Educational, Municipal, Underground Utility
    Yes
    Yes
    Yes
    I Retail Store, Bank, Personal Services
    No
    Yes(1-2) No(3)
    SP
    J Indoor Amusement
    No
    Yes
    No
    K Repair Shop, Building, Trade, Business & Professional Offices, Research Facility
    No
    Yes
    Yes
    L Supermarket, Department Store
    No
    No(1&3) Yes(2)
    No
    M Funeral Home
    No
    SP(1-2) No(3)
    No
    N Restaurant, Hotel, Motel
    No
    SP(1-2) No(3)
    SP
    O Auto: Service, Repair, Sales, Body Repair, Washing, Leasing, Rental, Parking
    No
    No(1) SP(2-3)
    No
    P Truck: Service, Repair, Sales, Body Repair, Washing, Leasing, Rental, Parking
    No
    No(1-2) SP(3)
    SP
    Q Storage Yard, Open Air Sales
    No
    No(1) SP(2*) Yes(3)
    No
    R Aviation
    No
    No
    SP(1) No(2)
    S Light Manufacturing
    No
    No(1) SP(2-3)
    Yes
    T Flood Plain District
    See 5.6
    See 5.6
    See 5.6
    U Garden Apartment District
    See 5.8
    See 5.8
    See 5.8
    V Public & Private Dumping Ground District
    See 5.11
    See 5.11
    See 5.11
    W Refuse Transfer Station District
    See 5.10
    See 5.10
    See 5.10
    X Adult Entertainment District
    See 5.9
    See 5.9
    See 5.9
    Y Alcohol & Drug Rehabilitation Hospital District
    See 5.5
    See 5.5
    See 5.5
    YY Elderly Housing Overlay District
    See 5.16
    See 5.16
    See 5.16
    Z Prohibited Uses
    No
    No
    No
    ZZ Composting District
    See 5.15
    See 5.15
    See 5.15

    5.7.2.I. Amended: Article 8, STM, 6/8/90; Effective 6/7/90
    5.7.2.Q. Amended: Article 48, FTM 10/1/96; Effective 10/10/96
    Amended: Article 43, ASTM, 5/1/90; Effective 5/10/90
    Amended: Article 52, ASTM, 5/2/95; Effective 5/18/95
    Amended: Article 58, AFTM, 10/3/95; Effective 10/19/95

    5.7.3 Principal Use Table Narratives

    5.7.3.A. Nursing Care, Hospital, Rehabilitation Center and Cemetery, also including a sanitarium, nursing home, rest home, convalescent home, hospital, rehabilitation hospital, clinic, nursing care, congregate living, independent living, day care for elderly persons and facilities for the treatment of specialized illnesses provided that such use by special permit will not constitute a hazard or a nuisance and will be in harmony with the general purposes and intent of this By-Law with consideration given to conserve the public health, safety, convenience, morals and welfare and such use shall not have a detrimental or injurious effect on the neighborhood.

    5.7.3.AA. Fully Automated Business Establishment - Businesses where an employee is not generally present when the establishment is open for business, such as an automatic bank teller, kiosk, a laundromat, an automat, etc.

    5.7.3.B. Dwelling & Elderly Housing - with dwellings defined in Section 2.10 and also including home occupations as defined and qualified in Section 2 including, but not limited to, such offices as those of an accountant, agent, architect, attorney, bookkeeper, broker, consultant, counselor, dentist, physician, registered engineer, sales representative, typist or word processor, and shall include, but not limited to such personal trade services as those furnished by a dressmaker, photographer, tailor, teacher or tutor, but shall not include such services as the operation of a barber shop, beauty salon, commercial kennel or stable or a business involving the buying, selling, repairing or servicing of motor vehicles, boats or contractor's equipment; with elderly housing including a dwelling, except the construction and use of multiple dwelling structures for the elderly and low income families on Residential District sites owned or to be owned by the Billerica Housing Authority and approved by the Department of Community Affairs of the Commonwealth of Massachusetts, United States Department of Housing and Urban Development, Housing Assistance Administration, and the Billerica Housing Authority and said sites shall first be subject to a vote at any town meeting or special town meeting with two thirds voting in favor after public hearing held by the Planning Board consistent with Section 9.3 of this By-Law, and the Planning Board shall report to the town meeting with a recommendation either in favor or opposed to said site or sites;

    5.7.3.BB. Self-Service Storage Facility (see Section 5.13)

    5.7.3.C. Above Ground Utility - including structures for communications or other public utility uses;

    5.7.3.D. Lodge or Club - including a private lodge or club operated for members or employees;

    5.7.3.E. Earth Migration and Recreation - with earth migration covered in Section 6 and with recreation including a private country club, golf course or riding stable on lots of ten acres or larger, or with recreation including a playground, fishing, boating, skiing, ski run, ski tow, skating, swimming, and similar non-municipal facility for organized athletic activities;

    5.7.3.F. Philanthropic - including charitable or nonprofit library, museum, art gallery or other similar use;

    5.7.3.G. Greenhouse - including a commercial greenhouse, salesroom or stand for the sale of nursery, garden or farm products provided that in all residential districts such use shall be upon five or more acres;

    5.7.3.H. Forestry, Agricultural, Conservation Use, Religious, Educational, Municipal, Underground Utility - with forestry including cultivating and harvesting of forest products including, if upon more than five or more acres, firewood; with agriculture including cultivating and harvesting general crops and market gardens including the storage of necessary farm equipment including a farmstand for crops grown on the premises, and including, if upon five or more acres, a farm for the raising of cattle, horses, sheep, goats, and poultry, stabling of horses, any stable must be located at least twenty-five (25) feet from an abutter's property line, and a farm stand for the sale of farm products grown in the town or towns contiguous to the Town; with conservation including wildlife management, boating, fishing and hunting; with religious including use of land, buildings and structures for public worship carried on by a recognized religious sect or denomination which may include religious instruction, maintenance of a convent, parish house and similar facility and activities whose purpose is substantially related to furthering the beliefs of such sect or denomination; with educational including schools as defined in Massachusetts General Laws, Chapter 40A, Section 3 and use of land, buildings or structures for providing learning in a general range of subjects on land owned or leased by the Commonwealth or any of its agencies, subdivisions of bodies politic or by a recognized religious sect or denomination, or by a non-profit educational entity which may include athletic facilities, dormitories, administrative offices and similar facilities and activities whose purpose is substantially related to furthering learning with the maximum lot coverage of such a facility not to exceed twenty-five (25) per cent; with municipal being a Town facility; and finally with underground utility including the underground facilities for communications and other public utilities;

    5.7.3.I. Retail Store, Bank and Personal Services - with a retail store including a drugstore, book, stationary and gift shop, florist, television and radio sales, hardware store, news store, neighborhood grocery, dry good and variety store or similar retail facility; with a bank including a bank, loan agency or similar facility; and with personal services including a barber shop, beauty shop, tailor, dressmaker, laundry or dry cleaning shop, watch and shoe repair shop, self service dry cleaning or laundry shop or similar service shop; except allowed in the Industrial and Industrial Park Districts by Special Permit.

    Amended: Article 8, STM, 6/7/90; Effective 6/7/90

    5.7.3.J. Indoor Amusement - including a theater, cinema and bowling alley;

    5.7.3.K. Repair Shop & Building Trade, Business and Professional Offices and Research Facility - with a repair shop and building trade including a repair shop for appliances, office equipment, bicycles, lawnmowers or similar equipment, caterer, bakery, governmental offices and services (i.e. county, state and federal uses, if owned by the county, state and federal governments, the limit on the number of employees does not apply), and shop of a builder, electrician, mason, plumber or similar occupation, provided that in Neighborhood Business and General Business Districts no more than five full time workers, or their equivalent, shall be employed on the premises; with business and professional offices including an office of a business, doctor, massage/bodywork/movement education professionals, lawyer, accountant, architect, engineer or similar office; with a research facility including a scientific and medical research facility, education facility for profit, and support services for the foregoing, such as office and laboratory;

    Amended: Article 57, ASTM, 5/2/95; Effective 5/23/95

    5.7.3.L. Supermarket and Department Store - including a supermarket, general department store, discount store, furniture and floor covering sales or similar retail facility;

    5.7.3.M. Funeral Home - including an undertaking or funeral establishment;

    5.7.3.N. Restaurant, Hotel & Motel - with a restaurant including a food establishment where the principal service is the sale of food on chinaware or beverage in glasses or china cups to be consumed by persons at tables within the building and the incidental sale of food to "take out" and including a fast food establishment providing that adequate safeguards are employed to control the disposal of disposable containers; restaurants in Industrial Districts are prohibited unless specifically permitted by the SPGA; with Hotel and Motel including lodging for more than four roomers, boarders or tourists, and open space shall be provided on the lot in addition to any area required for parking and associated driveways, equal to twice the gross floor area of the hotel or motel. Rooms or suites of rooms shall not contain cooking facilities unless specifically permitted by the SPGA. In all applicable districts, hotel or motel sites shall contain at least ten acres and the hotel or motel shall contain at least 100 guest rooms or suites.

    Amended: Article 54, AFTM, 10/3/89; Effective 10/19/89
    Amended: Article 55, ASTM, 5/2/89; Effective 5/23/89
    Amended: Article 22, ASTM, 5/6/97; Effective 5/13/97

    5.7.3.O. Auto: Service, Repair, Sales, Body Repair, Washing, Leasing, Rental and Parking - with auto service, repair and washing including the sale of motor vehicle fuel, related products and services, including a car wash, provided that such facilities on a particular lot shall not be within one thousand three hundred feet of another similar business and that all maintenance and service, other than minor service at the island and emergency repairs, shall be conducted entirely within a building; with auto body repair including an establishment where the principal service is the repair and painting of automobiles, provided that all but minor repairs shall be conducted entirely within a building; with auto sales, leasing and rental including a salesroom and related buildings and facilities including the open air display of automobiles; with auto parking including a commercial parking lot or parking garage;

    5.7.3.P. Truck: Service, Repair, Sales, Body Repair, Washing, Leasing, Rental and Parking - with truck service, repair and washing including the sale of motor vehicle fuel, related products and services, including a truck wash, provided that such facilities on a particular lot shall not be within one thousand three hundred feet of another similar business and that all washing, maintenance and service, shall be conducted entirely within a building; with truck body repair including an establishment where the principal service is the repair and painting of trucks, provided that all repairs shall be conducted entirely within a building; with truck sales, leasing and rental including a salesroom and related buildings and facilities including the open air display of trucks with truck parking including a commercial parking lot or parking garage;

    5.7.3.Q. Storage Yard & Open Air Sales - with storage including a lumber yard, contractor's yard, or other open air establishment for the storage, distribution or sale at wholesale or retail of materials (but not including salvage materials), merchandise, products or equipment, provided that all operations shall be such as to confine to the premises disturbing dust, noise or other objectionable effects and provided further that such use is not hazardous by reason of the potential for fire, explosion, radiation release or other casualty. Open air sales of garden related equipment and supplies as part of a retail business is permissible in a general business zoning district by special permit to be granted by the SPGA; no other type of storage yard or open air sales shall be allowed in a general business district;

    Amended: Article 48, FTM 10/1/96; Effective 10/10/96

    5.7.3.R. Aviation - with aviation including an aviation field and related facilities;

    5.7.3.S. Light Manufacturing - with light manufacturing including a research or testing laboratory, printing or publishing plant, bottling works, manufacturing establishment or other assembling, packaging, finishing or processing use, provided that all operations shall be such as to confine disturbing smoke, fumes, dust, odors, and noise to the premises, and that no operations shall constitute a hazard by reason of the potential for fire, explosion, radiation release or other casualty; and provided further that in the Business Districts only manufacturing of products primarily for sale at retail on the premises shall be conducted and that no more than five full time workers, or their equivalent shall be employed on the premises; and the applicant for a building permit for these uses, or when the use is subsequently changed, shall show by written andother exhibits attached to the original building permitthat such proposed establishment will not be noxious, offensive or detrimental to the neighborhood or to the Town by reason of special danger of fire or explosion, pollution of waterways, emission of corrosive, toxic or noisome fumes, gas, smoke, soot, obnoxious dust, disagreeable odors, offensive noises or vibrations or other objectionable characteristics; and warehouse or storage use shall be permitted only as an accessory use.

    5.7.3.T. Flood Plain District (see Section 5.6)

    5.7.3.U. Garden Apartments District (see Section 5.8)

    5.7.3.V. Public & Private Dumping Ground District (see Sect. 5.11)

    5.7.3.W. Refuse Transfer Station District (see Section 5.10)

    5.7.3.X. Adult Entertainment District (see Section 5.9)

    5.7.3.Y. Alcohol & Drug Rehabilitation (see Section 5.5) Hospital District

    5.7.3.Z. Buildings and Uses Prohibited - The following uses are expressly prohibited in all districts:

    5.7.3.z. Trucking terminals

    5.7.3.aa. Trailer and truck rental yards

    5.7.3.bb. Junk yards

    5.7.3.cc. Salvage yards

    5.7.3.dd. Drive-in restaurants

    5.7.3.ee. Truck service, repair, painting, body repairs and washing facilities not wholly conducted in a building sufficiently insulated to confine disturbing noise to the premises

    5.7.3.ff. Trailer camps, temporary or permanent

    Amended: Article 43, ASTM, 5/1/90; Effective 5/10/90

    5.7.3.h. Unregistered motor vehicle open air storage in residential districts of more than two vehicles, with the second vehicle approved by special permit by the SPGA.

    5.7.3.i. Slaughterhouse

    5.7.3.a. Rendering plant

    5.7.3.b. Fertilizer plant

    5.7.3.c. Race track

    5.7.3.d. Open air storage of junk, waste products and salvage materials including non-operable motor vehicles ???? The purpose of this section is to specifically identify prohibited uses for clarity. However, this list is not exhaustive.

    5.7.3.ZZ. Composting District (see Section 5.15)

    Amended: Article 11, STM, 5/5/87; Effective 5/19/87
    Amended: Article 10, STM, 5/5/87; Effective 5/19/87
    Amended: Article 43, FTM, 10/6/87; Effective 10/20/87
    Amended: Article 55, ASTM, 5/2/89; Effective 5/23/89
    Amended: Article 52, ASTM, 5/2/95; Effective 5/18/95

    5.7.4. Accessory Uses:

    Accessory uses shall be permitted on the same lot with the principal use as detailed in Section 5.7.2 and Section 5.7.3, or a lot adjacent thereto in the exact same ownership and the same zoning district, provided such uses would not be obnoxious, hazardous, injurious or inconsistent with Section 5.3 with regard to the neighborhood or to property in the vicinity and subject in the following cases to the following provisions:

    5.7.4.A. In the Residential Districts or for dwellings in the Neighborhood Business District, uses customarily incident to the principal uses permitted as of right shall be permitted as accessory uses, including, but not limited to, structures such as a private garage, carport, playhouse, greenhouse and tool shed;

    5.7.4.B. In the Residential Districts or for dwellings in the Neighborhood Business District, a swimming pool, tennis court or similar home recreation facility shall be permitted, provided that such a facility is used only by the residents of the premises and their guests and such recreational facility conforms to the dimensional regulations in this By-Law. All in-ground pools and above-ground pools which are accessible from ground level without the use of a ladder shall be completely fenced to a minimum height of four feet with an exclusionary fence.

    5.7.4.C. In the Residential Districts or for dwellings in the Neighborhood Business District, the storage of one recreational trailer, home utility trailer, boat and one unregistered automobile shall be permitted, provided that such trailer, boat and vehicle is not stored within the front yard or the minimum side yards. The storage of more than one such trailer, boat and vehicle may be authorized by the SPGA by special permit; in the Neighborhood Business, General Business and Commercial Districts, the storage of unregistered motor vehicles may be authorized by the SPGA by special permit;

    5.7.4.D. In Residential Districts, garaging or parking for one commercial automobile shall be permitted, provided that the garaging and parking of more than one such vehicle(s) or truck may be authorized by the SPGA by special permit.

    5.7.4.E. In the Residential Districts the renting of rooms and furnishing of table board for not more than five persons shall be permitted provided that the owner of record of the premises is the prime resident of the dwelling. Renting rooms and boarding for more than five persons may be authorized by the SPGA by special permit;

    5.7.4.F. In all districts, any building or premises owned or operated by a municipal, educational or religious organization or private lodge or club may be used with the owner's permission for fairs, bazaars, antique shows, or similar events. Events which do not conform to the provisions of this sub-section may be authorized by the SPGA by special permit;

    5.7.4.G. In all districts, the Inspector of Buildings may authorize the temporary use of a trailer or mobile home as a construction site office for not more than two years, provided that the authorization shall require the removal of such use within ninety days after the completion of the work for which the temporary use was permitted and provided further that, if construction is actively proceeding according to a schedule filed with the Inspector of Buildings, the authorization for the trailer or mobile home may be renewed by the Inspector of Buildings for successive six month periods up to two additional years, then by the SPGA by special permit;

    5.7.4.H. In all districts, except for the purposes specified in Massachusetts General Laws, Chapter 40A, Section 3, the use of a trailer or mobile home as a temporary dwelling for not more than fourteen days in any calendar year shall be permitted but such use of a trailer or mobile home for more than fourteen days may be authorized by the SPGA by special permit subject to a reasonable time limit.

    5.7.4.I. In Neighborhood Business and General Business Districts, and at any farm stand or greenhouse permitted under Section 5.7.2.G and Section 5.7.2.H, the sale of Christmas trees shall be permitted during the months of November and December;

    5.7.4.J. In all districts, except the Commercial District, no lot or parcel of land shall be used for the purpose of unenclosed storage of building equipment or supplies ancillary to building, except when a building permit has been issued for said lot or parcel. All such equipment and materials shall be removed ninety days after completion of work for which the building permit was issued;

    5.7.4.K. In Residential Districts, the sale of farm products raised outside of the Town, or towns contiguous to the Town are permitted if such sales are secondary to the operation of the farm stand permitted in Section 5.7.2.H;

    5.7.4.L. The SPGA by special permit may authorize uses, whether or not on the same parcel as activities permitted as a principal use which activities are necessary in connection with scientific research or scientific development or related production, provided that the SPGA finds that the proposed accessory use does not substantially derogate from the public good and are consistent with Section 5.3;

    5.7.4.M. In Residential Districts, an in-law apartment may be authorized by the SPGA by special permit for an accessory use to a dwelling consisting of separate living quarters not exceeding eight hundred (800) square feet in the same building as the principle use dwelling with occupancy of no more than two related persons, with sufficient off-street parking and the building must retain its characteristically one-family appearance, and provided further that such accessory use shall cease forthwith upon the premises being vacated by the aforementioned related persons.

    Amended: Article 8, STM, 5/4/93; Effective 5/6/93
    Amended: Article 43, STM, 5/3/94; Effective 5/24/94

    5.7.4.N. In the Residential Districts, up to two lawn or garage sales per calendar year may be undertaken for a period of one day each, upon issuance of a permit by the Board of Selectmen's Office.

    5.7.4.O. In Residential Districts, the keeping of horses, according to the following table, for the personal use and enjoyment of the occupant or occupant's family shall be permitted, provided that they be properly kept, confined, and controlled so as not to be injurious, noxious, or offensive to the neighborhood, and provided further that the keeping or use of any horse or horses for business purposes such as, but not limited to, stabling; any stable must be located at least 25 feet from an abutter's property line. Boarding, raising, or breeding animals owned by persons not resident on the premises is prohibited.

    Table 5-7-4-O
    LOT SIZE
    NUMBER OF HORSES
    (1)
    30,000 square feet or more
    Three (3)
    (2)
    20,000 to 29,000 square feet
    Two (2)
    (3)
    10,000 to 19,999 square feet
    One (1)
    (4)
    9,999 square feet or less
    Prohibited

    Amended: Article 17, TM, 10/1/85; Effective 10/3/85
    Amended: Article 19, TM, 10/1/85; Effective 10/3/85
    Amended: Article 35, TM, 5/6/86; Effective 5/8/86
    Amended: Article 19, TM, 10/2/90; Effective 10/4/90
    Amended: Article 22, TM, 5/5/92; Effective 5/7/92

    5.7.4.P. The kenneling of up to fifteen (15) dogs shall be allowed by special permit as an accessory use to the pet shop or veterinary use in the General Business District under the following restrictions:

    5.7.4.P.1. There shall be at least forty (40) square feet per dog of outside kennel space on the site.

    5.7.4.P.2. All kenneled dogs shall be kept indoors between the hours of 9:00 P.M. and 7:30 A.M.

    5.7.4.P.3. Compliance with all applicable restrictions and laws as outlined in the Middlesex County Rules and Regulations, Chapter 140, Sections 137(A) and 137c, and Massachusetts General Laws pertaining to dogs, and as they are amended.

    Amended: Article 58, ASTM, 5/2/95; Effective 5/16/95

    5.8. GARDEN STYLE APARTMENT AND TOWNHOUSE DISTRICT

    5.8.A. District - Townhouses and Garden Style Housing may be constructed in the Garden Style Apartment and Townhouse District subject to the controls contained herein and obtaining a special permit from the Zoning Board of Appeals. Duplexes and two-family homes are also allowed in this district by special permit. Single family homes are allowed by right if all the dimensional requirements for the Rural Residential District are met. In order to grant a special permit, the Zoning Board of Appeals shall make the following findings:

    5.8.A.1. The requested use is desirable to the public convenience or welfare.

    5.8.A.2. The requested use will not create or add to undue traffic congestion, or unduly impair pedestrian safety.

    5.8.A.3. The requested use will not overload any public water, drainage or sewer system or any other municipal system to such an extent that the requested use or any developed use in the immediate area or in any other area of the town will be unduly subjected to hazards affecting health, safety or the general welfare.

    5.8.A.4. The requested use will not impair the integrity or character of the district or adjoining districts, nor be detrimental to the public health, convenience or welfare.

    5.8.A.5. The requested use will not, by its addition to a neighborhood, cause an excess of that particular use that could be detrimental to the character of said neighborhood.

    5.8.A.6. The design and architectural treatment of the use is not incongruous or inappropriate to the character of the neighborhood in which it is proposed to be constructed.

    Amended: Article 52, AFTM, 10/3/89; Effective 10/12/89

    5.8.B. Site Plan Approval

    5.8.B.1. Requirements for Site Plan - No Townhouse or Garden Style apartment shall be constructed or externally enlarged, except in conformity with a site plan bearing an endorsement of approval by the Board of Appeal. Said site plan shall show, among other things, all existing and proposed building, all existing structures, parking spaces, driveway openings, driveways, service areas, and other open uses, all facilities for sewerage, refuse and other waste disposal and for surface water, drainage, and all landscaping features such as walks, fences, walls, planting areas and greenbelts on the lot.

    5.8.B.2. Approval Procedure - Any person desiring approval of a site plan under this section shall submit the required number of copies of the plan prepared by a registered land surveyor or professional engineer in collaboration with a registered landscape architect, with a properly executed application for approval thereof, directly to the Town Clerk who shall forthwith transmit it to the Board of Appeal. The Board shall then forthwith transmit one (1) copy of each plan to the Planning Board and to the Board of Health which said boards may, at their discretion, investigate the case and report in writing their recommendations to the Board of Appeal. The Board of Appeal shall not take final action on such plan until it has received a report thereon from the Planning Board and Board of Health or until said Planning Board and Board of Health have allowed thirty-five (35) days to elapse after receipt of such plan without submission of a report thereon.

    5.8.B.3. General Conditions for Approval - In considering a site plan under this Section, the Board of Appeal shall assure, to a degree consistent with a reasonable use of the site for the purposes permitted or permissible by regulations of the district in which located, that the site plan provides for the convenience and safety of vehicular and pedestrian movement within the site, and in relation to adjacent streets, property or improvement. In addition, no buildings or access facilities shall be placed on any portion of the land determined by the Board of Health to be unsuitable for such construction.

    5.8.B.4. Authority of the Board - The Board of Appeal shall have power to modify or amend its approval of a site plan on application of the owner, lessee, or mortgagee of the premises, or upon its own motion if such power is reserved by the Board in its original approval. All of the provisions of this Section applicable to approval shall, where apt, be applicable to such modifications or amendment, including the requirements of notice and public hearing. The Board of Appeal may not vary the provisions of the By-Laws.

    5.8.C. Area Requirements - The Townhouse or Garden Style Apartment site shall have not less than 150 feet of frontage. The minimum site width shall be 150 feet. The minimum site size for such development shall be 1.5 acres.

    5.8.D. Site Coverage and Design Restrictions

    5.8.D.1. Buildings shall not cover more than thirty (30) percent of the site. At least forty (40) percent of the site shall be maintained as green space, as defined in Section 7.5 of the By-Laws.

    5.8.D.2. There shall be a minimum distance of forty (40) feet between two (2) residential buildings or groups of townhouses on the same site.

    5.8.D.3. Townhouse rows shall consist of a minimum of three (3) units and a maximum of ten (10) units. Each townhouse dwelling unit shall be a minimum of eighteen (18) feet wide.

    5.8.D.4. No open parking or driveway shall be closer than fifteen (15) feet to a wall containing windows or habitable rooms.

    5.8.D.5. Townhouses may be maintained as rental units or may be sold as condominiums. Townhouse units may not be sold as row houses with their own individual sites. This shall not restrict the allocation of outdoor space adjacent to individual dwelling units for the exclusive use of the occupants of specific dwelling units.

    5.8.E. Minimum Yard Requirements - On each site there shall be provided a minimum setback of thirty-five (35) feet from the front property line, a minimum setback of thirty (30) feet from each of the side property lines, and a minimum setback of thirty (30) feet from the rear property lines. The Townhouse and Garden Style Apartment developments abutting a single-family district side and rear setbacks shall be increased to fifty (50) feet, or twenty-five (25) feet which shall be retained in its natural wooded state or landscaped along the perimeter of the site abutting the single family district. In all cases, a landscaped buffer strip shall be provided so as to protect adjoining properties from the effects of noise, lights, air or visual impact. Proponents must demonstrate to the satisfaction of the SPGA that these concerns have been adequately addressed.

    5.8.F. Height Restrictions - Townhouse and Garden Style apartment buildings shall not exceed two and one-half (2 1/2) stories nor be more than thirty-five (35) feet in height, provided that no living quarters shall be located below the mean finished grade of the ground adjoining the building, nor above the second story.

    5.8.G. Density - A minimum of seven thousand, five hundred (7,500) square feet of land shall be required for each dwelling unit. If consistent with Chapter 774, the minimum shall be six thousand, eight hundred (6,800). The area used in the calculation shall not include any bordering vegetative wetlands as defined by M.G.L. C. 131, Section 40 and by 310 CMR 10.00 nor any flood plain as defined by Section 5.6 of this by-law.

    Amended: Article 19, AFTM, 5/7/96; Effective 5/14/96

    5.8.H. Parking - There shall be two (2) parking spaces per unit.

    5.8.I. Infrastructure - All sites must be served by the Town water systems. All sites must be served by an existing Town sewer, or by an extension of an existing Town sewer line, in which case it must require prior approval of the Board of Selectmen. Installation of any sewer line extension, if approved by the Sewer Commission, will be the financial responsibility of the developer, and will be installed in accordance with the specifications provided by the Sewerage Commission. Said extension will be so laid out that any residence it passes will be able to be served by the line.

    5.8.J. Fire Lanes - All buildings shall be surrounded by fire lanes. A fire lane is an open space in which no vehicle may be parked and in which no building, structure, fence, stair, covered or uncovered porch, cornice, eaves or other building projection may be erected without written permission from the Chief of the Billerica Fire Department except that buildings may be interconnected by corridors or walkways, if provision is made for access by fire apparatus to all outside walls. The space shall be vacant between a building and a line parallel to and fifteen (15) feet equidistant from a building. The requirement for a fire lane surrounding the structure shall not be construed to mean that paved access surrounding the structure is required. The area may be planted with low plantings of a size which would not impede fire vehicles.

    Amended: Article 57, AFTM, 10/3/95; Effective 10/19/95

    5.8.K. Access Roads - All access roads shall be built in accordance with design specifications of the Subdivision Rules and Regulation of the Town of Billerica.

    Amended: Article 39, AFTM, 10/4/88; Effective 10/20/88

    5.9. ADULT ENTERTAINMENT DISTRICTS

    5.9.A. Adult Entertainment Establishments - as defined in Section 2 of the Zoning By-laws. Such adult entertainment establishments shall be restricted to operations within the Adult Entertainment District only.

    5.9.B. Minimum Area Per Lot - shall be 40,000 square feet and not less than 125 feet of street frontage and not more than 25% of the total area of any such lot shall be covered by any buildings.

    5.9.C. Yard Space , building height and any other provisions of the zoning by-laws applicable to General business Districts shall apply to lots within the Adult Entertainment Districts unless contrary to the provisions contained in this section.

    5.9.D. Permitted Uses - In addition to the uses described under Section 2.2, all uses which are allowed by right or special permit in the General Business District shall be likewise permitted in the Adult Entertainment District.

    Amended: Article 6, TM, 11/29/83; Effective 11/29/83
    Amended: Article 19, TM, 10/1/85; Effective 10/3/85
    Amended: Article 21, STM, 5/5/94; Effective 5/10/94

    5.10. Refuse Transfer Station Districts

    5.10.A. Definition - Any facility used as a refuse transfer station. By "refuse" is meant all solid or liquid waste materials, including garbage and rubbish, sludge and residual waste but not including radioactive materials or sewage.

    5.10.B. Area, Frontage and Yard Space Requirements - The proposed site shall have a minimum of 500 feet frontage on an accepted street. The proposed site shall have a buffer zone of not less than 500 feet deep when abutting any residentially used or zoned land or 100 foot buffer with a banking at least eight (8) feet high. The buffer zone shall have sufficient trees and bankings to completely shield the operations of the transfer station from the street and all abutters. The access road shall be constructed so that the transfer station is not visible from the street.

    5.10.C. Building Height Restrictions - Building shall not exceed thirty (30) feet in height.

    5.10.C.1. Requirement for Site Plan - No facility shall be constructed or enlarged, except in conformity with a site plan bearing an endorsement of approval by the Board of Appeal. Said site plan shall show, among other things, all existing and proposed buildings, all existing structures, parking spaces, driveway openings, driveways, service areas, and other open uses, all facilities for sewerage, refuse and other waste disposal and for surface water, drainage, and all landscaping features such as walks, fences, walls, planting areas and greenbelts on the lot.

    5.10.C.2. Procedure Approval - Any person(s) desiring approval of a site plan under this section, shall file with the Board of Appeal for a Special Permit pursuant to the Rules and Regulations of the Board of Appeal. The Board of Appeal shall forthwith transmit one copy of each plan to the Planning Board and to the Board of Health, which said Boards may in their discretion, investigate the case and report in writing their recommendations to the Board of Appeal. The Board of Appeal shall not take final action on such plan until it has received a report thereon from the Planning Board and Board of Health, or until said Planning Board and Board of Health have allowed thirty-five (35) days to elapse after receipt of such plan without submission of a report thereon. No buildings or access facilities shall be placed on any portion of the land determined by the Board of Health to be unsuitable for such construction. In exercising its jurisdiction under this Section, the Board of Appeal shall conform to all requirements of procedure applicable to all Boards of Appeal when deciding requests for special permits under General Laws, Chapter 40A as amended (including the requirements thereof for public notice and hearing).

    5.10.C.3. General Conditions for Approval - In considering a site plan under this Section, the Board of Appeal shall assure to a degree consistent with a reasonable use of the site for the purposes permitted or permissible by regulations of the district in which located. The applicant shall show to the Board of Appeal by written or other exhibits illustrating the use of best available control technology that the proposed use will not be noxious, offensive, or detrimental to the neighborhood or to the Town by reason of special danger of fire or explosion, pollution of water-ways, emission of corrosive, toxic or noisome fumes, gas, smoke, soot, obnoxious dust, disagreeable odors, offensive noises or vibrations or other objectionable characteristics.

    5.10.C.4. Authority of the Board

    The Board of Appeal shall have power to modify or amend its approval of a site plan on application of the owner of the premises, or upon its own motion if such power is reserved by the Board in its original approval. All of the provisions of this Section applicable to approval shall, where apt, be applicable to such modifications or amendment, including the requirements of notice and public hearing.

    5.10.E. Wetlands or Flood PlainAny facility used as a refuse transfer station including buffer zone shall not be located within 250 feet of wetlands, or the flood plain of a brook, stream, river, pond, or lake, or the Town's water supply.

    Amended: Article 14, TM, 10/2/84: Effective 10/2/84
    Amended: Article 45, TM, 5/7/85; Effective 5/14/85
    Amended: Article 19, TM, 10/1/85; Effective 10/3/85

    5.11. PRIVATE & PUBLIC DUMPING GROUND DISTRICT

    5.11.A. Definition:( Any facility used for a sanitary landfill, a refuse incinerator with a grate area in excess of ten (10) square feet, an incinerator used for disposing of human or animal parts irrespective of grate area, a refuse composting plant, a residual waste storage or treatment plant, a dumping ground for refuse or any other works for treating or disposing of refuse except refuse transfer stations. By "refuse" is meant all solid or liquid waste materials, including radioactive materials, garbage and rubbish, sludge and residual waste, but not including sewage. This type of facility shall not be allowed in any other zoning district. Said district shall be created by a town meeting vote to alter the present zoning map.

    Amended: Article 13, TM, 10/2/84; Effective 10/2/84

    5.11.B. Area, Frontage and Yard Space Requirements: The proposed site shall contain a minimum area of 45,000 square feet and a minimum frontage on an accepted street of 150 feet. There shall be provided an open yard space of not less than 100 feet along the front property line and not less than 35 feet along each side property line and not less than 50 feet along the rear of each lot.

    5.11.C. Building Height Restrictions: Buildings shall not exceed 55 feet in height.

    5.11.D. Site Plan Approval

    5.11.D.1. Requirement for Site Plan: No facility shall be constructed or enlarged, except in conformity with a site plan bearing an endorsement of approval by the Board of Appeal. Said site plan shall show, among other things, all existing and proposed buildings, all existing structures, parking spaces, driveway openings, driveways, service areas, and other open uses, all facilities for sewerage, refuse and other waste disposal and for surface water, drainage, and all landscaping features such as walks, fences, walls, planting areas and greenbelts on the lot.

    5.11.D.2. Procedure Approval: Any person desiring approval of a site plan under this section shall submit six copies of said plan prepared by a Registered Land Surveyor or Registered Professional Civil Engineer with application for a Special Permit directly to the Board of Appeal, with a copy to the Town Clerk. The Board of Appeal shall forthwith transmit one copy of each plan to the Planning Board and to the Board of Health, which said Boards may on their discretion, investigate the case and report in writing their recommendations to the Board of Appeal. The Board of Appeal shall not take final action on such plan until it has received a report thereon from the Planning Board and Board of Health, or until said Planning Board and Board of Health have allowed thirty-five (35) days to elapse after receipt of such plan without submission of a report thereon. No buildings or access facilities shall be placed on any portion of the land determined by the Board of Health to be unsuitable for such construction. In exercising its jurisdiction under this Section, the Board of Appeal shall conform to all requirements of procedure applicable to all Boards of Appeal when deciding requests for special permits under General Laws Chapter 40A as amended (including the requirements thereof for public notice and hearing.)

    5.11.D.3. General Conditions for Approval: In considering a site plan under this Section, the Board of Appeal shall assure to a degree consistent with a reasonable use of the site for the purposes permitted or permissible by regulations of the district in which located. The applicant shall show to the Board of Appeal by written or other exhibits illustrating the use of best available control technology that the proposed use will not be noxious, offensive, or detrimental to the neighborhood or to the Town by reason of special danger of fire or explosion, pollution of water-ways, emission of corrosive, toxic or noisome fumes, gas, smoke, soot, obnoxious dust, disagreeable odors, offensive noises or vibrations or other objectionable characteristics.

    5.11.D.4. Authority of the Board: The Board of Appeal shall have power to modify or amend its approval of a site plan on application of the owner of the premises, or upon its own motion if such power is reserved by the Board in its original approval. All of the provisions of this Section applicable to approval shall, where apt, be applicable to such modifications or amendment, including the requirements of notice and public hearing.

    Amended: Article 39, TM, 5/1/84; Effective 5/22/84
    Amended: Article 19, TM, 10/1/85; Effective 10//3/85

    5.12. RESIDENTIAL CLUSTER OVERLAY (RCO) DISTRICT

    The Residential Cluster District is herein established as an overlay district.

    5.12.A. Purpose:

    5.12.A.1. Cluster development allows, by special permit, from the Planning Board, a pattern of land development alternate to the standard subdivision permitted in the residential districts. It is intended to encourage the conservation of open space and the efficient use of land in harmony with its natural features.

    5.12.B. Authority

    5.12.B.1. The Special Permit Granting Authority for this section (5.12) shall be the Planning Board.

    5.12.C. Permitted Use

    5.12.C.1. Single-family detached residences on separately deeded lots, one residence per lot.

    5.12.D. Dimensional Requirements

    5.12.D.1. Residential cluster development shall be allowed on parcels of land having a minimum contiguous area of ten (10) acres located within Village Residence, Neighborhood Residence or Rural Residence zones.

    5.12.D.2. Lot areas may be reduced to 20,000 square feet in Neighborhood and Rural Residence zones, and to 15,000 square feet in Village Residence zones. The land designated as open space must equal or surpass the total area by which all lots have been reduced.

    5.12.D.3. The minimum frontage in all residential districts may be reduced to one hundred (100) feet except the frontage on a cul-de-sac turnaround may be reduced to seventy-five (75) feet provided the entire frontage is located on the cul-de-sac radius and the lot width parallel to the street at the front building line be one hundred (100) feet or more.

    5.12.D.4. All yards shall conform to Section 7.1.

    5.12.D.5. Within the Residential Cluster Overlay District no residences, temporary structure, driveway, accessory structure, swimming pool, parking area, filling, paving or fencing shall be located within one hundred (100) feet of the perimeter of the applicable Residential Cluster Overlay District, except for such utility easements or roadways cutting through this one hundred (100) feet shall be expressly approved by the Planning Board's Special Permit Decision. All such areas shall be maintained in their natural state.

    5.12.D.6. All contiguous areas within any one discrete RCO District shall be utilized in the design of the residential cluster subdivision. No overlay district shall be split so as to render one portion cluster and other conventional. Any such discrete area shall be developed exclusively as either a conventional subdivision or a cluster subdivision.

    5.12.E. Subdivision Approval Requirement

    5.12.E.1. Planning Board approval of a special permit hereunder shall not substitute for compliance with the subdivision control act, nor oblige the Planning Board to approve any related definitive plan for subdivision, nor reduce any time periods for Board consideration under the law. However, in order to facilitate processing, the Planning Board shall, insofar as practical under existing law, accept regulations establishing procedures for submission of a combined plan and application which shall satisfy this Section and the Board's regulations under the Subdivision Control Act.

    Amended: Article 54, ASTM, 5/2/95; Effective 5/18/95
    Amended: Article 53, ASTM, 5/2/95: Effective 5/18/95

    5.12.F. Density

    5.12.F.1. The total number of building lots in a cluster residential development shall be no greater than the number of building lots that would otherwise be permitted in the district within which the land is located.

    5.12.G. Open Space Areas

    5.12.G.1. The area of Open Space shall equal at least forty percent (40%) of the total area of the cluster development tract. Such land shall have a shape, dimension, character, and location suitable to assure its use for passive recreational, conservation or agricultural purposes.

    5.12.G.2. The minimum required open space area may contain ponds, marshes, or other protected wetland, but only in the same or less proportion as is located on the residential lots.

    5.12.G.3. Parking areas, streets, or other areas associated with the residential development shall not be included in the open space area.

    5.12.G.4. For open space areas, minimum frontage on a public way or subdivision may be reduced to forty (40) feet.

    5.12.G.5. Any area designated as open space must contain at least four (4) acres of contiguous land.

    5.12.G.6. Open space areas shall remain undeveloped but may be subject to easements for the construction, maintenance and repair of utility and drainage facilities serving the cluster development or adjacent parcels.

    5.12.G.7. Open space areas shall have a shape, dimension, character and location suitable for passive recreation, conservation or agricultural purposes.

    5.12.G.8. Open space areas may not be excavated or filled and must be maintained in their natural state.

    5.12.G.9. Provision shall be made so that the open space areas are readily accessible to the owners or occupants of the lots in the cluster, or, if the open space areas are under Town ownership, to the residents of the Town.

    5.12.H. Open Space Area Ownership

    5.12.H.1. Open space areas shall be owned by a corporation, non-profit organization, or trust whose owners or beneficiaries are all owners and occupants of the lots, or by the Town, or otherwise as the Planning Board may direct; in all cases, a perpetual restriction of the type described in G.L. C. 184, Section 31 (including future amendments thereto and corresponding provisions of future laws) running to or enforceable by the Town shall be recorded in respect to such land. Such restriction shall provide that the open space areas shall be retained in perpetuity for one or more of the following uses: conservation, agriculture or passive recreation. Such restrictions shall be in such form and substance as the Planning Board shall prescribe and may contain such additional restrictions on development and use of the open space as the Planning Board may deem appropriate.

    5.12.H.2. n order to insure that the corporation, non-profit organization or trust will properly maintain the open space area, an instrument(s) shall be recorded at the Middlesex North District Registry of Deeds which shall as a minimum provide:

    5.12.H.2.a. a legal description of the open space;

    5.12.H.2.b. a statement of the purposes for which the open space is intended to be used and the restrictions on its use and alienation;

    5.12.H.2.c. the type and name of the corporation, non-profit organization or trust which will own, manage and maintain the open space;

    5.12.H.2.d. the ownership or beneficial interest in the corporation, non-profit organization or trust of each owner of a dwelling in the cluster development and a provision that such ownership or beneficial interest shall be appurtenant to the dwelling to which it relates and may not be conveyed or encumbered separately therefrom;

    5.12.H.2.e. provisions for the number, term of office and the manner of election to office, removal from office and the filling of vacancies in the office of directors and/or officers of the corporation or non-profit organization or trustees of the trust;

    5.12.H.2.f. procedure for the conduct of the affairs and business of the corporation, non-profit organization or trust including provision for the calling and holding of meetings of members and directors and/or officers of the corporation or non-profit organization or beneficiaries and trustees of the trust and provision for quorum and voting requirements for action to be taken. Each owner of a residence shall have voting rights proportional to his ownership or beneficial interest in the corporation, non-profit organization or trust.

    5.12.H.2.g. provision for the management, maintenance, operation, improvement and repair of the Open Space and facilities thereon, including provisions for obtaining and maintaining adequate insurance and levying and collecting from the dwelling owners common charges to pay for expenses associated with the Open Space area, including real estate taxes. It shall be provided that common ownership or beneficial interests in the corporation, non-profit organization or trust, and that each dwelling owner's share of the common charge shall be a lien against his real estate in the cluster development, which shall have priority over all other liens with the exception of municipal liens and first mortgages of record; and

    5.12.H.2.h. the method by which such instrument or instruments may be amended.

    5.12.I. Procedures for Approval

    5.12.I.1. The application shall not be submitted prior to the approval of a conventional preliminary subdivision plan in accordance with the Rules and Regulations of the Planning Board governing the subdivision of land. Such plan shall provide satisfactory evidence that the number of lots shown on the Residential Cluster Development plan is no greater than the number of lots that could otherwise be developed. Each conventional lot must have enough non-wetland area to site a dwelling. A second preliminary plan showing the proposed cluster plan shall also be submitted along with the previously referenced conventional preliminary plan.

    5.12.I.2. Filing of Application: An application for the granting of a special permit by the Planning Board to approve a Cluster Residential Development shall be filed with the Board, with a copy filed forthwith with the Town Clerk, and shall be accompanied by the requisite number of definitive subdivision plans for the entire tract under consideration, prepared by a registered professional architect, engineer or landscape architect.

    5.12.I.3. Said application plan shall be prepared in accordance with the requirements for a definitive subdivision plan in the Rules and Regulations of the Planning Board governing subdivision of land, and shall include proposed location, bulk and height of all proposed buildings.

    5.12.I.4. The application shall include an analysis of the site, including wetlands, slopes, soil conditions, areas within the 100 year flood, vegetative areas and other natural features as the Planning Board may request.

    5.12.I.5. The application shall include an evaluation of the open land proposed within the cluster, with respect to the size, shape, location, natural resource value, and accessibility by residents of the cluster.

    5.12.I.6. Before acting upon the application the board shall submit the plan for comment to the Board of Health, Conservation Commission, the Department of Public Works, the Fire Department, the Police Department and the School Department. Any such board or agency to which petitions are referred for review shall submit such recommendations as it deems appropriate to the Planning Board and the applicant. Failure make recommendations within thirty-five (35) days of receipt shall be deemed lack of proposition.

    5.12.I.7. After the opportunity for review by other boards has taken place, the Planning Board shall hold a hearing under this section, in conformity with the provisions of General Laws, Chapter 40A, Section 9, and Section 17.2 of this Zoning By- Law.

    5.12.J. Decision Criteria A special permit for Cluster Residential Development shall be approved only upon determination that:

    5.12.J.1.a. the plan meets all requirements of this section;

    5.12.J.1.b. the plan is in harmony with the general purpose of this By-Law and the requirements of Massachusetts General Laws Chapter 40A;

    5.12.J.1.c. the approval of the plan will not have a detrimental impact on the neighborhood, will be designed with the consideration for health and safety and is superior to a conventional plan in preserving open space, minimizing environmental disruption, allowing for more efficient provision of services.

    5.12.K. Plans not Requiring Subdivision Approval

    5.12.K.1. If the Residential Cluster Development does not require approval under the Subdivision Control Law, the applicant shall never-the-less submit a plan or plans in the form and containing the same information required to be shown on a definitive subdivision plan by the Subdivision Rules and Regulations, as amended, in effect at the time application for a special permit is made.

    5.12.L. Changes to Approved Plans

    5.12.L.1. Any change in the number of lots, the layout of ways, the open space area and its ownership or use, or any conditions stated in the original special permit shall require a new special permit issued in accordance with the provisions of this By-Law.

    Amended: Article 45, FTM, 10/6/87; Effective 10/13/87
    Amended: Article 47, AFTM, 10/4/94; Effective 10/13/94

    5.13. Self Service Storage Facilities

    5.13.A. Purpose: This section is to provide for the development of Self-Service Storage Facilities in designated districts located within Industrial B Districts. This district shall be an overlay district and shall be applied to an existing Industrial B District.

    Amended: Article 54, AFTM, 10/3/89; Effective 10/19/89

    5.13.B. Yard Spaces: The required yard spaces shall be the same as required in Industrial B Districts as set forth in Section 7.3.A.

    5.13.C. Green Strips: In a Self-Service Storage Facility District at least a twenty (20) foot green strip, except for curb cuts as specified in Section 12, will be required and maintained as such along no less than eighty percent (80%) of the perimeter of each lot and cluster. The Self-Service Storage Facility shall be clustered on an area not to exceed ten (10) acres and a twenty (20) foot green strip will be required and maintained as such along no less than eighty percent (80%) of the perimeter of this cluster area. Green strips shall consist of planted or natural vegetation as set forth in Section 7.4.C.

    Amended: Article 20, AFTM, 10/2/90; Effective 10/4/90

    5.13.D. Green Space: A Self-Service Storage Facility District shall set aside the greater of twenty-five percent (25%) of its area or five (5) acres as a green space which cannot be used for driveways, roadways, parking areas, paved areas for vehicular travel of any sort.

    5.13.E. Building Heights Permitted: Self-service storage facility buildings shall not exceed one story or thirteen (13) feet in height. The provisions of Sections 8.5 and 8.6 shall be applicable to all structures within this district.

    5.13.F. Lot Area and Lot Dimension Requirements: The minimum lot area for a Self-service Storage facility shall be ten (10) acres. All other lot dimensional requirements shall be the same as required in the Industrial B Zone.

    5.13.G. Parking and Loading Regulation: Self-Service Storage Facilities shall be subject to Section 12, Parking and Loading Regulations of the Zoning By-Laws, where applicable, subject to the following:

    5.13.G.1. The total number of conventional parking spaces shall be six (6) plus one (1) handicapped space.

    5.13.G.2. Additional parking shall be provided by parking/driving lanes adjacent to the buildings. These lanes shall be at least twenty-six (26) feet wide when the cubicles open onto one side of the lane only and at least thirty (30) feet wide when cubicles open onto both sides of the lane. No loading docks shall be allowed on the site. No lane shall exceed thirty (30) feet in width.

    5.13.H. Use Limitations:

    5.13.H.1. Self-Service Storage Facilities shall be limited to personal property use only.

    5.13.H.2. 5.13.H.3. No outside storage shall be allowed.

    5.13.H.4. The storage of flammable liquids, highly combustible or explosive materials or hazardous chemicals shall be prohibited.

    5.13.H.5. The use of the unit for uses other than dead storage shall be prohibited.

    5.13.H.6. Servicing or repair of motor vehicles, boats, trailers, lawnmowers or any similar equipment shall be prohibited.

    5.13.I. Signs: All signs on the premises shall be in conformity with Section 16, Sign Regulations of the Zoning By-Law.

    5.13.J. Site Plan Review: Construction of any Self-Service Storage Facility shall be subject to the provisions of Section 18, Site Plan Special Permits and no building permit shall be issued until this special permit has been granted and all applicable appeal periods have run.

    5.14. HISTORIC DISTRICTS OVERLAY DISTRICT (HDOD)

    5.14.A. Purpose: The purpose of the HDOD is to support appropriate site development in areas of Billerica which have been developed and was incompatible with certain aspects of current zoning requirements. Historically, these areas were developed with buildings placed on smaller lots and with smaller yard spaces. The exceptions outlined in this section serve to foster development which is both compatible and appropriate within these areas. This district is an overlay and acts to amend the underlying district as described below:

    5.14.B. Exceptions:

    5.14.B.1. In the Village Residential, Neighborhood Residential and rural Residential Districts, a minimum open side yard space of 7 feet and a minimum averaged open front yard shall be provided. This exception acts to supersede Section 7.1 of this by-law and the corresponding listings under Section 9.5.

    5.14.B.2. In the General Business, Neighborhood Business and Industrial Districts a minimum open side yard space of 7 feet and an averaged open yard shall be provided. In these districts, the Green Strip requirement set forth under Section 7.4 and the Green Space requirements set forth under Section 7.5 shall not apply. This exception acts to supersede Sections 7.2 and 7.3 of this by-law and the corresponding listings under Section 9.5.

    5.14.B.3. In all districts, any structure destroyed by fire or natural disaster may be rebuilt with the minimum yard spaces existing prior to such an event notwithstanding other limitations in the by-law.

    5.14.C. Definitions: For the purposes of Section 5.14, the following definitions apply.

    5.14.C.1. Averaged Front Yard - The front yard requirement obtained by averaging the existing front yards of the adjacent properties to the right and left of subject property. In the cases where one or both of the adjacent parcels is vacant a twenty (20) foot front yard for the adjacent vacant parcel shall be assumed in calculating the average. In the case of corner lots, the existing front yard on the one adjacent parcel shall determine the front yard for that frontage. These rules apply irrespective of whether the adjacent parcels are in the Historic District Overlay District.

    Amended: Article 20, STM, 5/5/94: Effective 5/10/94

    5.15. COMPOSTING DISTRICT

    5.15.A. Purpose: The Composting District's purpose is to provide for the development of composting facilities in the Town of Billerica to receive clean non-polluted wood chips from yard waste and leaves for processing into compost for the Town or for distribution to residents of the Town. Equipment and materials may be stored outdoors on the site. There shall be no sale or storage of materials not processed on the subject site. This use shall be allowed by right.

    5.15.B. Area, Frontage and Yard Space Requirements: This site shall contain a minimum of three (3) acres of land. The frontage and yard space requirements shall be the same as required in the Industrial District.

    5.15.C. Building Height, Green Strips, Screening (5.4.H) and Green Spaces: The requirement shall be the same as those required in the Industrial District.

    5.15.D. Signs: All signs on a lot shall be in conformity with those specified for "Industrial Districts" under Section 16 of the Zoning By-Laws.

    5.15.E. All facilities shall meet the Department of Environmental Protection guidelines for leaf composting programs.

    Amended: Article 52, ASTM, 5/2/95; Effective 5/18/95

    5.16. ELDERLY HOUSING OVERLAY DISTRICTS (EHOD)

    Purpose: The purpose of the Elderly Housing Overlay District is to provide people over fifty-five (55) years of age the opportunity to live in a development designed specifically for their needs, equipped with the appropriate amenities and located within reasonable proximity to shopping and services.

    5.16.A. Allowed Uses: Besides those uses permitted in the underlying districts, elderly housing shall be allowed by Special Permit from the Zoning Board of Appeals as per Section 5.8.B of the Zoning By-Laws. Swimming pools or any structures other than a dwelling, garages or a community building and all accessory structures shall comply with the green strip and set back and parking and shall require a Special Permit from the S.P.G.A. Garages and a community building for meetings and social activities of the residents shall also be allowed but shall not exceed 2,000 square feet of floor area, and shall adhere to all green strip and setback requirements.

    5.16.B. Area and Frontage Requirements: The site shall have not less than 150 feet of frontage and not less than five contiguous acres of land.

    5.16.C. Minimum Yard Requirements: On each site there shall be provided a minimum setback of thirty-five (35) feet from the front property line, a minimum setback of thirty (30) feet from each of the side property lines, and a minimum setback of thirty (30) feet from the rear property lines. Elderly Housing Overlay District developments abutting a single-family district side and rear setbacks shall be increased to 85 feet, of which 25 feet shall be retained in its natural wooded state or landscaped along the perimeter of the site abutting the single family district. In all cased, a landscaped buffer strip shall be provided so as to protect adjoining properties from the effects of noise, lights, air or visual impact. Proponents must demonstrate to the satisfaction of the S.P.G.A. that these concerns have been adequately addressed. There shall be no structures, retaining walls, covered or uncovered porches, steps or paving within the buffer zone.

    5.15.D. Parking: There shall be a minimum of two (2) parking spaces per dwelling unit. A minimum of 25% of the dwelling units shall have garages. The parking space within these garages shall count towards the two (2) parking spaces per unit requirement.

    5.15.E. Additional Requirements: The requirements outlined under Section 5.8.D, F, I and J pertaining to Site Coverage and Design Restrictions, Height, Infrastructure and Fire Lanes shall also apply. In addition, each housing unit shall have no more than two bedrooms and all exterior and interior doorways shall be appropriately wide for wheelchair access, following the applicable codes and guidelines.

    5.15.F. Density: The density of the development shall be governed by Section 5.8.G except that the area used in the calculation of buildable land shall not include any bordering vegetative wetland as defined by MGL C. 131, Section 40 or Flood Plain as defined under Section 5.6 of this by-law.

    5.15.G. Deed Restrictions: Deed restrictions shall be placed on the entire site and shall be referenced in all leases as applicable, requiring that all residents, with the exception of spouses and/or caregivers, shall have reached the age of 55. These restrictions shall be reviewed by Town Counsel for acceptance. The cost of such review shall be the responsibility of the applicant.

    5.15.H. Overlay Application: This overlay district can be applied to Village Residence, Neighborhood Residence and Rural Residence Districts and to Neighborhood Business and General Business Districts.

    Added: Article 58, AFTM, 10/3/95; Effective 10/19/95

    5.15.I. Fire Lanes: All buildings shall be surrounded by fire lanes. A fire lane is an open space in which no vehicle may be parked and in which no building, structure, fence, stair, covered or uncovered porch cornice, eave or other building projection may be erected without written permission from the Chief of the Billerica Fire Department except that buildings may be interconnected by corridors or walkways, if provision is made for access by fire apparatus to all outside walls. The space shall be vacant between a building and a line parallel to and fifteen (15) feet equidistant from a building.

    The requirement for a fire lane surrounding the structure shall not be construed to mean that paved access surrounding the structure is required. The area may be planted with low plantings of a size which would not impede a fire vehicle.

    5.15.J. Access Roads: All access roads shall be built in accordance with design specifications of the Department of Public Works of the Town of Billerica.

    Amended: Article 46, AFTM 10/1/96; Effective 10/15/96

    Section 6 EARTH MIGRATION, SLOPES, WALLS and FENCING

    6.1. EARTH MIGRATION

    6.1.1. Earth Migration on land not in public use is hereby prohibited except:

    6.1.1.A. Such earth migration per lot with a building permit issued by the Building Inspector of up to five hundred cubic yards or thirty truckloads, whichever is smaller, as certified by a registered professional civil engineer or certified professional surveyor and the contractor transporting the fill, or

    6.1.1.B. Such earth migration per lot may be authorized in any zoning district by a special permit issued by the SPGA for quantities in excess of five hundred cubic yards, or thirty truckloads, whichever is smaller, as certified by a registered professional civil engineer or certified professional surveyor and the contractor transporting the fill.

    6.1.2. This regulation shall be deemed not to prohibit earth migration:

    6.1.2.A. As may be required to be excavated for the purposes of constructing foundations for buildings or other allowable structures for which building permits have been issued in accordance with Section 6.1.1, in which case no earth migration shall occur before the foundation is completed; or

    6.1.2.B. For the purpose of construction of ways in accordance with lines and grades approved by the Planning Board or for the purpose of constructing utilities or other engineering works for public service.

    Amended: Article 52, AFTM, 10/3/89; Effective 10/12/89

    6.1.3. The Inspector of Buildings or the SPGA is empowered to issue regulations for earth migration in the public interest with the health, safety and public welfare in mind, and that of abutters and abutters to abutters.

    6.1.4. Building permits and special permits for earth migration shall not be issued for periods exceeding one year in duration, are not transferable, are revokable by the permit granting authority upon any violation of the permit stipulation and must include a complete plot plan and proposal filed with the Chief of Police, Inspector of Buildings and SPGA showing:

    6.1.4.A. The materials that will be migrated, the area and depth of the proposed earth migration identified on a two-foot contour map for each lot in the Town that is effected, the location of all existing streets, easements and rights-of-way, the source and destination of the earth migration materials, the amount of materials to be moved in cubic yards and number of truckloads, the purpose in detail of why the earth migration is required, the times during the day between 8 A.M. and 6 P.M., Monday through Friday excluding holidays that the earth migration will be undertaken; and

    6.1.4.B. The truck(s) to be used for transport of the earth migration by registration number, type, etc. and the routes to be traveled, the road cleaning plans of any spillages, the responsible person for remedying spillage, along with an address and telephone number; and

    6.1.4.C. The on-going site treatment plan for the control of dust and mud.

    6.1.5. The permit granting authority may also require financial security, particularly if the responsible person, hauler or landowner has failed to faithfully perform earth migration activities within the prior twenty-four months of the issuance of an earth migration permit.

    6.1.6. After the permitted earth migration is completed, all disturbed surfaces, except parking lots and building areas, must be covered with six inches of packed loam and vegetation planted on the surfaces to insure the integrity of the new surface as a requirement for an occupancy permit.

    6.2 (Conditions/Time of Taking Effect)

    This section shall further be deemed not to prohibit earth migration by any person, firm or corporation who on the effective date of this regulation shall be lawfully engaged in the business of dealing in or with such materials, or shall be a party to an agreement for earth migration, and who shall, within thirty days after such effective date, apply to the SPGA for a permit for such earth migration provided that the period within which such earth migration may be carried on under this paragraph shall end on the date of formal action by the SPGA on such application or, if no such application be filed, on the thirtieth day after the effective date of this regulation, and provided further that a permit requested under this paragraph shall not be denied and shall not require a public hearing when the earth migration carried on is shown to be lawful.

    6.3. Slopes

    6.3.1. The creation or construction of slopes in excess of thirty degrees (a one foot rise per two feet of run otherwise known as a 2:1 slope or a six pitch) and five feet in height will require a special permit issued by the SPGA with evidence that those slopes will be created or constructed in the public interest to preserve the health, safety and welfare of the abutters, abutters to abutters and the public, all others are prohibited.

    6.3.2. All slopes, in excess of thirty degrees, resulting from the creation or construction of any structurally significant retaining wall, barrier, and the like, designed to support a parking area, driveway, road, or other vehicular purpose, will be defined as a structure, and part of any building on the same lot for the purpose of this section, and thus be subject to the usual structure or building front, side and rear setback requirements contained in Section 7 and the dimensional controls detailed in Section 9 of this By-Law.

    6.3.3 The height of such wall, barrier and the like in Section 6.3.2 must be included in the calculation of building heights, according to Section 8 of this by-law, in determining the allowable heights of other buildings or structures constructed on the same lot of such building or structure.

    6.4. Fencing

    6.4.1. All fences, walls, barriers and the like, which exceed six feet in height will require a building permit.

    6.4.2. All fences, walls, barriers, buildings, structures and the like that are constructed with exposed barbed wire, razor wire, broken glass and similar materials will require a special permit by the SPGA.

    6.5 SPGA DESIGNATION

    6.5.1. The Special Permit Granting Authority (SPGA) for Section 6 is the Board of Appeal.

    Amended: Article 16, TM, 3/12/55; Effective 8/12/55
    Amended: Article 31, TM, 4/5/83; Effective 4/5/83
    Amended: Article 43, TM, 5/7/85: Effective 5/14/85
    Amended: Article 44, TM, 5/7/85; Effective 5/14/85
    Amended: Article 19, TM, 10/1/85; Effective 10/3/85

    Section 7 YARD SPACES AND GREEN AREA

    7.1 YARD SPACES IN RESIDENTIAL DISTRICTS

    7.1.A. In Residential Districts there shall be provided on each lot an open yard space of not less than thirty-five (35) feet depth all along the front, not less than twenty (20) feet depth all along the rear and not less than fifteen (15) feet depth along each side property line of such lot. No building or structure shall here-in-after be erected, altered or moved so that any part thereof, except steps in the front and rear yards, shall be nearer than thirty -five (35) feet from the front line, twenty (20) feet from the rear lot line or fifteen (15) feet from the side lot line of any lot in any Residential District except that on a lot bounded by more than one street, there shall be an open yard space of not less than thirty-five (35) feet depth along the lot lines that bound such street. PROVIDED, however, that on each lot in existence when the Zoning By-Law allowed an open side yard space of not less than seven and one-half (7 ) feet and which have less than one hundred twenty-five (125) feet frontage there shall provided an open yard space of not less than seven and one half (7 ) feet along each side property line; provided further, that on each lot in existence when the Zoning By-Law allowed a front open yard space of twenty (20) feet depth along the lot lines that bound streets, there shall be provided an open yard space of not less than twenty (20) feet depth along said street property lines. All nonresidential or nonagricultural uses within residential districts shall meet the yard space requirements for business districts as outlined under Section 7.2.

    Amended: Article 17, TM, 3/12/55; Effective 8/12/55
    Amended: Article 66, TM, 3/13/65; Effective 5/13/65
    Amended: Article 19, TM, 10/1/85; Effective 10/3/85
    Amended: Article 21, TM, 10/2/90; Effective 10/2/90
    Amended: Article 9, STM, 10/18/94; Effective 11/3/94

    7.2 YARD SPACES IN BUSINESS DISTRICTS

    7.2.A. In Neighborhood Business Districts, General Business Districts and Commercial Districts there shall be provided on each lot an open yard space of not less than fifty (50) feet depth along the front property line and not less than twenty-five (25) feet depth along each side property line except as may be permitted otherwise, by the Board of Appeal on petition of the property owner concerned after a public hearing thereon with due notice given. No building or structure shall hereafter be built, altered, moved, reconstructed, or extended so that any part thereof including loading platforms, covered or open, but not eaves or steps, shall be nearer than fifty (50) feet from the front line or twenty-five (25) feet from the side line of any lot in such district, nor nearer than thirty-five (35) feet from the rear line of such lot.

    Amended: Article 86, TM, 3/11/67; Effective, 6/29/67
    Amended: Article 19, TM, 10/1/85; Effective 10/3/85

    7.3 YARD SPACES IN INDUSTRIAL DISTRICTS

    7.3.A. In Industrial Districts, except in Industrial Park Districts or within the interior of an Industrial Park created by the Planning Board under subdivision control, there shall be provided on each lot an open yard space of not less than one hundred (100) feet depth along the front property line and not less than thirty-five (35) feet depth along each side property line, and not less than fifty (50) feet depth along the rear line of such lot, except that an open yard space of not less than fifty (50) feet depth shall be provided on any lot in an Industrial District where ever such lot abuts land residentially zoned.

    Amended: Article 14, TM, 5/26/70; Effective 10/1/70
    Amended: Article 19, TM, 10/1/85; Effective 10/3/85

    7.3.B. Within the interior of an Industrial Park District and Industrial Park, there shall be provided on each lot an open yard space of not less than forty (40) feet depth along the front property line and not less than thirty-five (35) feet depth along each side property line, and not less than fifty (50) feet depth along the rear line of such lot, except that an open yard space of not less than fifty (50) feet depth shall be provided on any lot in an Industrial Park District and Industrial Park where ever such lot abuts land residentially zoned.

    Amended: Article 14, TM, 5/26/70; Effective 10/1/70
    Amended: Article 19, TM, 10/1/85; Effective 10/3/85

    7.4 GREEN STRIPS

    7.4.A. In all Neighborhood Business, General Business and Commercial Districts, a ten-foot green strip, except for curb cuts as stipulated in Section 12 will be required and maintained as such along the entire perimeter of each lot and no less than 80% of the entire perimeter of each building in order to achieve the objectives of Section 5.3. All nonresidential or nonagricultural uses within residential districts shall also meet these requirements.

    Amended: Article 21, TM, 10/2/90; Effective 10/4/90

    7.4.B. In all Industrial, Industrial Park, Adult Entertainment, Refuse Transfer, Private and Public Dumping, and Alcohol and Rehab Districts at least a twenty foot green strip, except for curb cuts as specified in Section 12, will be required and maintained as such along the entire perimeter of each lot and no less than 80% of the entire perimeter of each building in order to achieve the objectives of Section 5.3. A Self-Service Storage Facility use shall be exempt from this requirement on the condition that Section 5.13.C is met.

    Amended: Article 43, FTM, 10/6/87; Effective 10/20/87

    7.4.C. Green Strips shall consist of planted or natural vegetation. At least one tree with a minimum diameter of three (3) inches at ground level and eight bushes or shrubs per fifty (50) feet of green strip is required. Ground cover should also be specified and if non-vegetative (bark dust, mulch, stones larger than one foot in diameter, etc.) the depth must be adequate to assure proper cover. The green strip must not be built on, not paved and not be parked on.

    Amended: Article 12, STM, 5/5/87; Effective 5/21/87

    7.4.D. Green Strips may be interrupted by sidewalks or walkways parallel to the adjacent building up to four (4) feet in width for the purpose of accessing a building. If a green strip contains a sidewalk or walkway the green strip shall be widened by the width of the sidewalk or walkway parallel to the adjacent building in order to compensate for the resulting green strip reduction.

    Amended: Article 24, TM, 10/6/87; Effective 10/15/87

    Section 7.5 GREEN SPACE

    7.5.A. In all districts, except residential districts, each lot, or that portion of the lot in the above districts, shall set aside twenty-five (25) percent of its area as a green space which cannot be used for driveways, roadways, parking areas, paved areas or for vehicular travel of any sort.

    Amended: Article 19, TM, 10/1/85; Effective 10/3/85

    Section 8 BUILDING HEIGHTS PERMITTED

    8.1 Residence Districts:

    dwellings shall not exceed two and one-half (2 ) stories or thirty-five (35) feet in height.

    8.2 Neighborhood Business Districts:

    dwellings and business structures shall not exceed two and one-half (2 ) stories or thirty-five (35) feet in height.

    8.3 General Business Districts & Commercial Districts:

    dwellings, business and other retail or commercial structures shall not exceed three stories or forty-five (45) feet in height.

    8.4 Industrial Districts and Industrial Park Districts:

    building shall not exceed an average height of forty-five (45) feet above mean finished grade, averaging all building faces. In no case shall the height of any portion of any building exceed fifty-five (55) feet above the lowest grade adjacent to the building.

    8.5 Height:

    The foregoing limitations of height in feet in the zoning districts designated shall not apply to chimneys, ventilators, skylights, tanks, bulkheads, penthouses and other accessory structural features usually carried above roofs, nor to domes, towers or spires of churches or other buildings provided such features are in no way used for living purposes, and further provided that no such structural feature of any non-manufacturing building shall exceed a height of sixty-five (65) feet from the ground nor of a manufacturing building, a height of eighty-five (85) feet from the ground, except by permission of the Board of Appeal, acting under G.L. Chapter 40A, as amended.

    8.6 Walls, Barriers and Retaining Structures

    8.6.A. The calculation of all building and structure heights will additionally include the height of any walls, barriers, retaining structures and the like, as stipulated by Section 6 of this by-law; this section is designed to offset any gains in the maximum allowable building heights offered by building retaining walls adjacent to other buildings or structures constructed on the same lot of such wall, barrier, retaining structure or the like.

    Amended: Article 18, TM, 3/12/55; Effective 8/12/55
    Amended: Article 19, TM, 10/1/85; Effective 10/3/85
    Amended: Article 59, ASTM, 5/2/89; Effective 5/16/89

    Section 9 LOT AREAS AND LOT WIDTHS REQUIRED

    Amended: Article 19, TM 3/12/55; Effective 8/12/55

    9.1. Area and Frontage

    In determining the area and frontage of a lot there shall not be included any land within the limits of a street upon which such lot abuts, even if the fee to such street is in the owner of the lot, except that if a corner lot has its corner bounded by a curved line connecting other bounding lines which, if extended, would intersect, the area and frontage shall be computed as if such bounding lines were so extended. When determining compliance with the minimum lot area requirements in all zoning districts, except the Town House and Garden Style Apartment District and Elderly Housing Overlay District, no less than 50% of the minimum lot area shall be free of bordering vegetative wetlands as defined by MGL C.131, Section 40 and further by 310 CMR 10.00. In addition, such non-wetland area shall be contiguous. A certified plot plan drawn by a Professional Registered Land Surveyor and based on a determination made by the Conservation Commission shall be provided. Such plot plan shall reference the Conservation Commission's determination and shall contain a statement indicating the square footage of the non-wetland portion of the lot, the wetland line as determined by the Conservation Commission, the percentage of the minimum area requirement this represents and shall also include the name, address, and firm of the individual qualified to make the wetland determination.

    Amended: ASTM 5/7/96; Article 18; Effective5/14/96

    9.2. Reduction of Lot Size

    No lot shall be reduced in area, or changed in size or shape so that a building upon it or the lot fails to comply with the area, frontage, setback, yard or other provisions of this by-law. This prohibition shall not apply, however, when a portion of a lot is taken by eminent domain or conveyed for a public purpose.

    Amended: AFTM 10/6/92, Article 16; Effective 10/15/92

    9.3. Lots Extending Into Other Towns

    When a lot in one ownership is situated in part in the Town of Billerica and in part in an adjacent town or city, the provisions, regulations and restrictions of this by-law shall be applied to that portion of such lot as lies in the Town of Billerica in the same manner as if the entire lot were situated therein.

    9.4. Dimensions of Zoning Districts

    9.4.A. In the respective residential zoning districts named below, the dimensions and areas stated below shall be the minimum per lot:

    Amended: Article 80, TM 3/14/70; Effective 10/1/70

    District
    Minimum Area
    Minimum Frontage
    Minimum Depth
    Village Residence
    30,000 sq. ft.
    150 Ft.
    150 Ft.
    Neighborhood Residence
    40,000 sq. ft.
    175 Ft.
    175 Ft.
    Rural Residence
    50,000 sq. ft.
    200 Ft.
    200 Ft.

    9.4.B. Power and Gas Easement - In the case of an easement for high tension power lines or gas transmission lines, the area of the above easements shall be added to the minimum lot size specified in Section 9, Sub-section 4.A. The boundary of the easement for high tension power lines or gas transmission lines shall be considered as a property line when determining yard spaces under Section 7.

    Amended: Article 67, TM 4/7/73; Effective 8/30/73
    Amended: Article 32, AFTM 10/5/93; Effective 10/12/93

    9.4.C. Shape Requirements for Lots - All lots shall be so far as possible regular and symmetrical with the least possible deviations from a nearly rectangular shape, of which the length shall not in general exceed three times the width; frontage and depth calculations shall not include locations along the perimeter of the lot line where the lot depth is less than forty (40) feet.

    Amended: Article 26, AFTM 10/6/92; Effective 10/15/92

    9.4.D. Sub-section A pertaining to single-family residences, shall not apply to any lot which at the time any amendment making said lot non-conforming becomes effective, is narrower at the street line or if lesser depth or area than therein provided, if:

    9.4.D.1. A deed or plan of such lot was duly recorded in the Registry of Deeds before the adoption of any amendment making said lot non- conforming;

    9.4.D.2. The dimensions of such lot were in conformance with the provisions of Section 9 in effect at the time of such recording in the Registry of Deeds; and

    9.4.D.3. Such lot did not at the time of the adoption of any amendment making said lot non-conforming adjoin other land of the same owner available for use in connection with such lot.

    9.4.E. Except in a Garden Style Apartment and Townhouse District and an Elderly Housing Overlay District, only one residential building may be erected upon any individual lot, regardless of the size of dimension of the lot.

    Amended: Article 22, STM 1/16/73; Effective 8/16/73
    Amended: Article 52, AFTM 10/3/89; Effective 10/12/89
    Amended: Article 58, AFTM, 10/3/95; Effective 10/19/95

    9.4.F. In Neighborhood Business Districts, General Business Districts and Commercial Districts, twenty-five thousand square feet (25,000) minimum area per lot and not less than one hundred and twenty-five (125) feet street frontage width per lot shall be required, and not more than twenty-five (25%) percent of the total area of any such lot shall be covered by any buildings. Any yard space or area required to be kept open and unbuilt on such lot may never-the-less be used for off-street automobile parking, if otherwise lawful, except that a green strip not less than ten (10) feet wide on which to grow grass, bushes, flowers or trees shall be maintained open and green, unbuilt on, unpaved and not parked on, to meet the specification in Section 7.4.

    Amended: Article 13, STM, 5/5/87; Effective 5/21/87

    9.4.G. In Industrial Districts and Industrial Park Districts sixty thousand square feet minimum area per lot and not less than one hundred and fifty feet minimum street frontage width per lot shall be required, and not more than fifty percent of the total area of any such lot shall be covered by any building or structure, and in Industrial Park Districts four acres minimum area per tract, and not less than one hundred and fifty feet minimum street frontage width per lot shall be required, and not more than fifty percent of the total area of any such lot shall be covered by any building or structure. Any yard space or area required to be kept open and unbuilt on such lot may never-the-less, if otherwise lawful, be used for off-street automobile parking, or for outdoor storage of articles, supplies and materials, except that a green strip not less than twenty (20) feet wide on which to grow grass, bushes, flowers or trees, shall be maintained open and green, unbuilt on, unpaved and not parked on, to meet the specifications in Section 7.4.

    9.4.H. In the Industrial and Industrial Park Districts, the Floor Area Ration (F.A.R.) cannot exceed 1.0.

    9.4.I. All nonresidential or nonagricultural structures within residential districts shall not cover more than twenty-five (25) percent of the total lot area.

    Amended: Article 19, TM 10/1/85; Effective 10/3/85
    Amended: Article 35, TM 5/6/86; Effective 5/13/86
    Amended: Article 13, STM 5/5/87; Effective 5/21/87
    Amended: Article 51, AFTM 5/2/89; Effective 5/16/89
    Amended: Article 21, AFTM 10/2/90; Effective 10/4/90
    Amended: Article 26, AFTM, 10/6/92; Effective 10/15/92

    9.5. SUMMARY DIMENSIONAL TABLE

    All Dimensions are in FEET unless shown otherwise.
    District
    Min Area
    Min Frontage
    Min Depth
    Max Height
    Min Front Yard
    Min Side Yard
    Min Rear Yard
    Max Lot Cover
    Green Strip
    Green Space
    Village Residence
    30,000 sq. ft.
    150
    150
    35/2.5 Stories
    35 (2)
    15 (3)
    20
    n.a.
    n.a.
    n.a.
    Neighborhood Residence
    40,000 sq.
    175
    175
    35/2.5 Stories
    35 (2)
    15 (3)
    20
    n.a.
    n.a.
    n.a.
    Rural Residence
    50,000 sq. ft.
    200
    200
    35/2.5 Stories
    35 (2)
    15 (3)
    20
    n.a.
    n.a.
    n.a.
    Neighborhood Business
    25,000 sq. ft.
    125
    n.a.
    35/2.5 Stories
    50
    25
    35
    25%
    Yes
    25%
    General Business
    25,000 sq. ft.
    125
    n.a.
    45/3 Stories
    50
    35
    25
    35%
    Yes
    25%
    Commercial
    25,000 sq. ft.
    125
    n.a.
    45/3 Stories
    50
    25 (2)
    35 (3)
    25%
    Yes
    25%
    Industrial
    60,000 sq. ft.
    150
    n.a.
    45
    100
    35 (4)
    50
    50%
    Yes
    25%
    Industrial Park
    60,000 sq. ft.
    150
    n.a.
    45
    40 (2)
    35 (4)
    50
    50%
    Yes
    25%

    Note: (1) Flood Plain, Garden Apt., Adult Entertainment, Refuse Transfer, Private and Public Dumping, Alcohol and Rehab Districts not included.

    Note: (2) Except as provided for in Section 7.1.A, all lots bounded by more than one street shall be required to meet and maintain the minimum front yard on both streets.

    Note: (3) Except as provided for in Section 7.1.A.

    Note: (4) Increased to 50' when abutting residentially zoned land.

    Amended: Article 14, STM, 5/5/87; Effective 5/21/87
    Amended: Article 59, ASTM, 5/2/89; Effective 5/16/89

    Section 10 CORNER CLEARANCE

    On a corner lot in a residence district no fence, wall, structure, planting or shrubbery or foliage more than three and one-half (31/2) feet in height above the plane of the established grade of the street shall be erected in any part of the area that is included within the street lines and a line drawn diagonally across the lot connecting them at points twenty (20) feet distant from the point of intersection measured along said street which would obstruct the view of a driver of a vehicle approaching the intersection.

    Amended: Article 1, TM, 7/30/45; Effective 8/1/45

    Section 11 NON-CONFORMING USES

    11.A. (continued use)

    Any lawfully non-conforming building or structure and any lawfully non-conforming use of a building or land may be continued in the same kind and manner and to the same extent as at the time it became lawfully non-conforming.

    11.B. (discontinued use)

    If any lawfully non-conforming building or use of a building or land be at any time discontinued for a period of two (2) years or more, or if such use or building be changed to one conforming with the Billerica Zoning By-Law in the district in which it is located, it shall thereafter conform.

    11.C. (damaged structures)

    Any lawfully non-conforming building or structure destroyed or damaged by fire, flood, lightening, wind, or otherwise to the extent of sixty-five percent (65%) or more of its reproduction cost at the time of such damage shall not be rebuilt, repaired, reconstructed nor altered except for a purpose permitted in the zoning district in which such building is located. Any building so effected to the extent of less than 65% of its reproduction cost can be reconstructed within two (2) years to its size and use immediately prior to damage or destruction.

    11.D. (extension of structures)

    No extension or alteration of a pre-existing non-conforming use or structure shall be permitted unless there is a finding by the SPGA that such change, extension, or alteration is not substantially more detrimental to the neighborhood than the existing non-conforming use or structure.

    11.E. Residential Dwellings

    Single or two-family dwelling may be altered, reconstructed, extended or structurally changed if it does not increase the existing non-conforming nature of the structure.
    Amended: Article 1, TM, 7/30/45; Effective 8/1/45
    Amended: Article 21, TM, 3/12/55; Effective 8/12/55
    Amended: Article 47, TM, 4/4/78: Effective 5/2/78
    Amended: Article 31, TM, 4/5/83; Effective 4/5/83
    Amended: Article 42, TM, 10/4/83; Effective 10/11/83
    Amended: Article 15, STM, 5/5/87; Effective 5/21/87
    Amended: Article 25, FTM, 10/6/87; Effective 10/20/87

    Section 12. PARKING AND LOADING REGULATIONS

    12.A. Required Parking and Loading Facilities:

    Not less than the required parking and loading space indicated by sub-section J below shall be provided to service all new buildings, additions to old buildings, or new use of existing buildings or premises. Loading areas shall not be considered as part of the parking area.

    12.B. Location of Required Parking:

    Such required parking shall be located on the same lot as the activity it serves and shall have free and unimpeded access to a street over unobstructed passageways or driveways.

    12.C. Temporary Reduction by Special Permit:

    The Board of Appeal may grant a special permit for an exception to the requirements of sub-section J. below. In any case where the Board of Appeal determines that the complete development of the required parking area is not currently necessary, such special permit to allow reduction of the developed parking area to not less than half the otherwise required and must be renewed in periods not to exceed two years.

    12.D. Access and Egress:

    Required parking and loading areas shall have adequate provisions for access, turning and exit without endangering or inconveniencing the users of such areas or the traffic in the streets adjacent thereto. The number of driveway openings shall not be greater than reasonably necessary. Egress shall not require backing into the street in any district other than residential.

    12.E. Dimensional Restrictions:

    All parking and loading areas shall be subject to the minimum parking space and loading requirements of sub-section J. below. Whether such parking or loading be required by this By-Law or optionally provided.

    12.F. Parking Space Dimensions:

    All parking spaces shall comply with the following minimum dimensions.
    Angle of Parking
    Width of Parking
    Depth of Space
    Width of Aisle
    (1)
    61 - 90 Degrees
    9 Feet
    19 Feet
    24 Feet
    (2)
    45 - 60 Degrees
    9 Feet
    19 Feet
    18 Feet
    (3)
    Parallel Degrees
    8 Feet
    22 Feet
    14 Feet
    (4)
    ANGLE PARKING
    PARALLEL PARKING
    PARALLEL PARKING
    PARALLEL PARKING

    12.G. Small Car Space:

    In parking facilities containing more than 40 parking spaces, 15% of such parking spaces may be for small car use. Such small car spaces, if provided, shall have a depth of at least fifteen (15) feet. The width of the parking space and the maneuvering aisle shall not vary from that set forth in sub-section F above. Such small car stalls shall be located in continuous areas and shall be suitable and conspicuously designated.

    12.H. Lighting:

    Lighting fixtures for parking areas, located on the exterior of buildings and on other structures or signs, shall be so arranged that they neither unreasonably distract occupants of nearby properties nor interfere with traffic on any public way. They shall be so placed or hooded as to prevent direct light from shining onto any street or adjacent property.

    12.I. Handicapped Stalls and Access:

    In addition to the parking requirements in this By-Law, all parking facilities must comply with the currently applicable Rules and Regulations of the Architectural Barriers Board of the Commonwealth of Massachusetts.

    Amended: Article 16, STM, 5/5/87; Effective 5/21/87

    12.J. Minimum Off-Street Parking and Loading Requirements:

    All uses which generate truck traffic into or out of their sites must provide adequate loading space for any delivery and collection vehicles.

    Amended: Article 20, TM, 12/8/81; Effective 12/8/81

    Class of Use (Residential 1-5)
    Minimum Parking Space Requirement
    (1)
    Hotels
    1.5 space per guest room or suite
    (2)
    Motels
    1.5 space per guest room or suite
    (3)
    Dormitory
    1 space per 2 beds
    (4)
    Lodging House
    1 space per bedroom
    (5)
    Single, Multiple-family & other dwellings
    2 spaces per dwelling unit
    (6)
    Schools Elementary or Junior High School
    2 spaces for each classroom or where there is an auditorium, two (2) spaces for each three seats whichever is greater.
    (7)
    Senior High School
    6 spaces for each classroom or where there is an auditorium two (2) spaces for each three seats, whichever is greater
    (8)
    Post Office or Library
    1 space for each 250 square feet of floor space
    (9)
    Place of Assembly with seating facilities, including auditorium, theater, restaurant, stadium, assembly hall, funeral parlor
    2 spaces for each five seats
    (10)
    Place of Worship
    2 spaces for each five seats or comparable pew space in the main auditorium
    (11)
    Place of assembly without fixed seats, including area in public use, dance hall, skating rink, armory, other sports or amusement places
    1 space for each 150 square feet of floor
    (12)
    Professional office, office building, office of a wholesale establishment including sales space
    1 space for each 300 square feet of gross floor area
    (13)
    Bank, Medical Offices & other retail service establishment
    1 space for each 200 square feet of gross floor area
    (14)
    Manufacture, assembly
    1 space for each 500 square feet of gross processing or packaging floor space, plus number of additional spaces required for that portion of the facility used for office use at 1 space for each 300 square feet of gross floor area
    (15)
    Storage Warehouse
    1 space for each 3,000 square feet of wholesale establishment, gross floor area and/or lot in use freight terminal or similar area
    (16)
    Uses not listed above
    A number of spaces no less than the average requirement described in the latest edition of the Institute of Transportation Engineering parking generation standards as determined by the Building Inspector

    Amended: Article 54, AFTM, 10/3/89; Effective 10/19/89
    Amended: Article 37, TM, 5/1/84; Effective 5/22/84
    Amended: Article 40, AFTM, 10/4/88; Effective 10/20/88

    12.K. Parking Lot Landscaping:

    All parking and loading facilities shall be suitable landscaped. Such landscaping shall be designed to minimize the impact of the parking area upon adjacent property and within the lot by the use of existing vegetation to the extent practicable and new trees, shrubs, walls, fences or other landscaped elements. In the case of parking facilities for more than 40 spaces, at least five percent (5%) of the area within the limits of the parking facilities shall be set aside for landscaped areas and such areas shall be provided with a minimum width of ten (10) feet, curbing and shade trees or other type of landscaping. Areas provided to satisfy the green strip requirements of Section 7.4 cannot be used to satisfy this section.

    Amended: Article 26, FTM, 10/6/87; Effective 10/20/87

    12.L. (Paving:)

    All parking areas, except single family home areas, along with associated access shall be paved with a two-inch binder and a one-inch top mix or at least a four (4) inch thick concrete pad and shall be striped and marked so as to clearly satisfy all applicable requirements and the Architectural Access Board requirements. Exception to the provision herein can be obtained by variance from the Board of Appeals.

    Amended: Article 51, AFTM, 10/3/89; Effective 10/17/89

    ARTICLE 13. OCCUPANCY PERMITS

    No applicant for a building permit for any building or structure hereafter erected, altered or changed as to construction or use, for which said building permit has been issued, shall allow such building or structure to be occupied or used without an occupancy permit issued by the Inspector of Buildings, and no such permit shall be issued until the buildings and its uses, and accessory uses, comply in all respects with the Board of Health Regulations and the By-Laws of the Town.

    Amended: Article 15, TM, 9/27/71; Effective 5/11/72

    Section 14. ZONING BOARD OF APPEAL

    14.1. Composition, Term of Office:

    Within thirty (30) days after the adoption of this By-law and thereafter as terms expire or vacancies occur, the Board of Selectmen shall appoint a Board of Appeal pursuant to G.L. Chapter 40A, as amended, which Board shall consist of five members and two associate members, one or both of whom may be designated from time to time by the Chairman of the Board of Appeal to sit in the place of any regular member who is absent or unable from any cause temporarily to perform his duties, or is unable to sit because of personal interest in the subject matter involved. One of such regular members shall be appointed for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years, and one for a term of five years, and thereafter as their terms expire appointments shall be made to the Board for five-year terms. The first two appointments of associate members shall be for a one-year term and a two-year term respectively, and thereafter associate members shall be appointed for a term of two years.

    Amended: Article 114, TM, 3/8/69; Effective 6//19/69

    14.2. Power and Duties:

    The Board of Appeal shall have and exercise all the powers provided under G.L. Chapter 40A as amended. On each such appeal, the Board of Appeal shall hold a public hearing, of which notice shall be given by publication in a newspaper published or distributed in Billerica fourteen (14) days at least before the date of such hearing. The Board shall also give fourteen (14) days notice by registered or certified mail to all owners of property (as appearing on the most recent tax list) within 300 feet of the boundaries of the lot involved.
    Amended: Article 113, TM, 3/8/69; Effective 6/19/69
    Amended: Article 19, TM, 10/1/85; Effective 10/3/85

    Section 15. AMENDMENTS

    15.1.

    The Planning Board, on its own initiative or on petition signed by not less than ten (10) registered voters of Billerica, shall hold a public hearing on any written proposal to amend either the zoning by-law or the zoning map, and shall report its recommendations thereon, if any, to the Town Meeting.

    Amended: Article 30, TM, 4/5/83; Effective 4/5/83

    15.2.

    Any such proposal to rezone land shall explicitly state the nature, extent and location of the zone change proposed, and shall include a perimeter plan on a mylar or cloth stamped by a registered professional land surveyor in Massachusetts showing all metes and bounds and the total area of the rezoning along with a complete legal description. A sketch showing the general location of such land in the Town shall also be submitted.
    Amended: Article 25, TM, 3/12/55; Effective 8/12/55
    Amended: Article 44, TM, 5/1/90; Effective 5/10/90

    15.3.

    Notice of said public hearing shall be given by publishing in a newspaper generally circulated in Billerica fourteen (14) days at least before the date of such hearing and by mailing copies of such notice as published to all abutters within three hundred feet from the property to be rezoned.

    Amended: Article 92, TM, 3/11/72; Effective 9/28/72

    15.4.

    There shall be a Fifty ($50.00) Dollar fee charged by the Planning Board to hold a public hearing relative to any changes to the rezoning of lands. The fee to be paid by the petitioner. The petitioner also shall pay for the advertising of the article in the newspaper and mailing of notices.
    Amended: Article 92, TM, 3/11/72; Effective 9/28/72
    Amended: Article 17, STM, 5/5/87; Effective 5/21/87

    Section 16. SIGN REGULATIONS

    16.1. ADMINISTRATION

    16.1.A. Applicability: All outdoor signs [link to Massachusetts Constitution] and window signs are subject to the regulations of this by-law unless specifically excluded in Section 16.2.A.

    16.1.B. Application: All persons desiring to erect, modify or recover a sign shall apply to the Building Commissioner for a sign permit, except that persons desiring to erect a sign in accordance with Section 16.2.B, 16.2.D, 16.3 or 16.4.B need not apply for a permit.

    All applications for permits shall include, at least, a drawing to scale showing the following:

    Amended: Article 44, ASTM, 5/7/91; Effective 5/30/91

    16.1.B.1. The proposed sign including the proposed size, shape, location, coloring and lettering.

    16.1.B.2. All existing signs maintained on the premises

    16.1.B.3. A plot plan and a sketch of the building facade indicating the location of the proposed and any existing signs.

    16.1.B.4. Specifications for construction, lighting and wiring in accordance with the State Building Code.

    16.1.C. Building Commissioner Action: The Building Commissioner shall issue a building permit and assign a unique serialized sign number, where the first two digits represent the year of issue of the sign permit, provided the proposed sign complies with this by-law, the state Building Code, and other applicable laws, by-laws or regulations.

    16.1.D. Sign SPGA: The Special Permit Granting Authority noted in Section 16 - Sign Regulations, is the Board of Appeal.

    16.1.E. Special Permits: In particular instances the SPGA may issue special permits for signs provided for herein under SPGA authority if it is determined that the architecture of the building, the location of the building with reference to the street or the need to identify establishments by their address and street number or the nature of the establishment is such that the sign should be permitted in the Public Interest. In granting such permission, the SPGA shall specify the size and location of the sign or signs and impose such other terms and restrictions as it may deem to be in the Public Interest. Any application under this provision shall provide the information required in Section 16.1.B above and specific information in the form of perspectives, renderings, photographs or other representations sufficient to show the nature of the proposed sign, its effects on the immediate surroundings and the reasons for allowing it. Special permits under this section are granted subject to the provisions of Section 17 of the Billerica Zoning By-Law.

    Amended: Article 26, AFTM, 10/6/92; Effective 10/15/92

    16.2. GENERAL REGULATIONS

    The provisions of Section 16.2 shall apply to all signs in all zoning districts. Additional specific regulations for Residential, Business and Industrial Districts are set forth in Sections 16.3 and 16.4 respectively.

    16.2.A. Government or Special Signs: Any sign owned and installed by a government agency, or required by any law, governmental order or regulation is not subject to this by-law. Signs mounted on registered motor vehicles are not subject to this by-law, except vehicles or trailers whose principal purpose is for the display of a sign or which display makes the vehicle unsafe or unsuitable for highway operation. Signs carried by hand are not subject to this by-law.

    16.2.B. Residences: One sign with a non-commercial message, up to one square foot in area is permitted per residential lot.

    16.2.C. Religious Institutions: (This section deleted by the 1989 Spring Town Meeting)

    16.2.D. Real Estate Signs: One real estate sign, not over six (6) square feet in area advertising the sale or rental of the lot or buildings thereon is permitted. Real estate signs not more than twenty (20) square feet in area and not more than ten (10) feet in any dimension may be erected on subdivisions of land as defined in General Laws, Chapter 41, Section 81-L, solely to advertise the selling of land or buildings thereon in said subdivision, but not more than one such sign shall face the same street.

    16.2.E. Illumination

    16.2.E.1. All illuminated signs require a building permit.

    16.2.E.2. The illumination of any sign shall not exceed seventy-five (75) foot lamberts.

    16.2.E.3. A written certification of the foot lamberts of each illuminated sign shall be obtained from a licensed electrician, the sign manufacturer or a qualified consultant, which certification shall accompany the sign permit application and the sign shall be maintained in conformance to this certification.

    16.2.E.4. All internal sign illumination is permitted only upon issuance of a special permit by the SPGA, except for wall signs provided by Section ???? provided that the illumination does not exceed fifty (50) foot lamberts.

    16.2.E.5. No internal or external sign illumination is permitted between the hours of 12:00 midnight and 6:00 A.M., except for signs on premises open for business.

    16.2.E.6. Internal or external sign illumination shall be steady and stationary.

    16.2.E.6. Exterior sign illumination shall be shielded and directed solely at the sign.

    16.2.E.7. The width of an illuminated sign above the first story of a building shall not exceed three (3) feet.

    16.2.E.8. The illumination of individual letter signs shall be consistent with the application as submitted under Section 16.1.B; a lighted violation of said individual letter signs shall be construed as anything other than all letters being lighted or not lighted.

    Amended: Article 45, ASTM, 5/7/91; Effective 5/30/91

    16.2.F. Signs Cannot Interfere with Traffic: No sign, including a window display or its illuminators shall by reason of its location, shape, size or color (i.e. particularly red or green) interfere with traffic or be confused with or obstruct the view or the effectiveness of any official traffic sign, traffic signal or traffic marking, if, in the opinion of the Building Commissioner with advice of the Chief of Police, such sign would create a driving hazard.

    16.2.G. Construction: No sign shall be painted or posted directly on the exterior surface of any wall. All exterior, attached signs, except awning signs, shall be painted, posted, or otherwise affixed to a substantial intermediary removable surface and such surface shall be securely affixed to the wall of the building. The foregoing, however, shall not prevent installation of a sign by individual letters or devices cut into or securely affixed to the exterior wall of the building, provided that such letters or devices have a minimum depth of projection of one-fourth (1/4) of an inch. The construction of the sign shall comply with the State Building Code. Each sign must display its uniquely assigned permit serial number on the sign's display surface in order to be readable at a distance of ten (10) feet from the sign.

    16.2.H. Maintenance: Every sign shall be maintained in good condition. If a sign shows corrosion or deteriorated paint over 25% of the area of one side or if damage to the sign causes a loss of 10% of its substance or if the sign suffers damage or deterioration which creates a risk of harm to the person or property of another or if the establishment is no longer in business, it shall be repaired or removed by the property owner.

    16.2.I. Prohibited Signs: The following signs are prohibited:

    16.2.I.1. Signs which incorporate in any manner flashing, moving or intermittent lighting, excluding public service signs showing time and temperature.

    16.2.I.2. Wind signs, including banners, pennants, spinners, streamers, and other wind actuated components.

    16.2.I.3. String lights used in conjunction with commercial premises with the exception of temporary lighting for holiday decoration.

    16.2.I.4. Signs erected so as to obstruct any door, openable window, or fire escape on a building.

    16.2.J. Signs Not Permitted: The following signs are not permitted:

    16.2.J.1. Freestanding signs exceeding thirty (30) feet in height.

    16.2.J.2. Freestanding signs closer than ten (10) feet to any lot line, driveway or paved parking area surface.

    16.2.K. Adopt-A-Street/Sponsors on Public Property: Signs within the right-of-way or on public land erected for the purpose of identifying that a particular sponsor is a participant in the Adopt-A-Street Program, as well as sponsors on public property and with permission of the respective boards, committees and administration, are not subject to this by-law and are allowed by right. Sizes of signs are limited to 24" x 30" or smaller and there shall be no more than one sign per mile. This By-Law is exempt from 16.1.C and 16.2.G.

    Amended: Article 1, STM, 10/19/93; Effective 10/19/93

    16.3. RESIDENTIAL DISTRICTS

    Garden Style Apartment and Townhouse Housing Districts - A sign not exceeding twelve (12) square feet in area is permitted identifying development in a Garden Style Apartment and Townhouse Housing District.

    16.4. BUSINESS AND INDUSTRIAL DISTRICTS

    Accessory signs on business establishments in business districts that comply with the following provisions are permitted.

    16.4.A. Wall Signs

    16.4.A.1. One principal wall sign is permitted on the front of the establishment to which it relates.

    16.4.A.2. A secondary wall sign may be installed marking a direct entrance on a parking lot or another street in addition to the front wall sign. There shall be not more than two such secondary wall signs. Said sign shall have a width no greater than 50% of the maximum permissible width for the principal wall sign.

    16.4.A.3. No wall sign shall be more than three feet in overall height.

    16.4.A.4. In buildings where the first story is substantially above grade and the basement is only partially below street grade, one sign for each level is allowed if each sign has only one-half of the area that would be permitted for a single sign.

    16.4.A.5. In addition to the above signs each building with three or more occupants may have one directory wall sign affixed to the exterior wall of the building, if the main entrance of any individual establishment does not face the frontage street. The changeable plate for each occupant shall measure no more than one foot in height by three feet wide. Overall, the sign shall not exceed more than eight feet in height and shall not be located above the first story of the building.

    Amended: Article 63, AFTM, 10/3/95; Effective 10/17/95

    16.4.A.6. Wall signs shall either be affixed to a wall and parallel to it or affixed to the roof above the wall and be parallel to the wall. They shall not project more than twelve (12) inches from the face of such wall.

    16.4.A.7. No wall sign shall project above the highest line of the main roof or parapet on the wall to which it is attached, whichever is higher.

    16.4.A.8. In cases where a building has multiple establishments, wall signs must be of a uniform height. Such signs may only be located in the space permitted for single-establishment buildings.

    16.4.B. Window Signs: Removable window signs on the inside of windows or transparent door are permitted; however, they may not cover more than 50% of the area of each transparent surface. No illumination is allowed except as provided in section 16.2.E.

    16.4.C. Projecting Signs: In particular instances, the SPGA may issue special permits for projecting signs in accordance with Section 16.1.E. No establishment shall be permitted more than one projecting sign.

    16.4.D. Standing Signs: The following standing signs are permitted:

    16.4.D.1. Standing signs permitted under Sections 16.2.B and 16.2.D.

    16.4.D.2. During the construction of a building, a standing sign may be erected on the premises identifying the building, the owner, the contractors, the architects and engineers. Such a sign shall not exceed twenty (20) square feet in area or ten (10) feet in any direction. Such sign shall be removed promptly after the completion of the building.

    16.4.D.3. In particular instances, the SPGA may issue special permits for standing signs in accordance with Section 16.1.E. No establishment shall be permitted more than one standing sign other than signs directing traffic flow.

    16.4.D.4. BUSINESS DISTRICTS - In Business Districts, one freestanding landscaped sign per site is permitted provided that:

    16.4.D.4.A. The sign structure is not more than five (5) feet above the mean finished grade and seven (7) feet wide.

    16.4.D.4.B. The sign display surface is not more than twenty-four and one half (24.5) square feet, and not more than three and one-half (3.5) feet tall.

    16.4.D.4.C. The sign is not a billboard or non-accessory sign.

    16.4.D.4.D. All wall signs, projecting signs, window signs and roof signs, except directory signs stipulated in Section 16.4.A.5 and Traffic Signs stipulated in Section 16.4.G are not permitted.

    16.4.D.4.F. The sign is set back at least ten (10) feet from any street, lot line, driveway, walk or parking area surface.

    16.4.D.5. INDUSTRIAL DISTRICTS - In Industrial Districts, one freestanding landscaped sign per site is permitted provided that:

    16.4.D.5.A. The sign structure is not more than five (5) feet above the mean finished grade and seven (7) feet wide.

    16.4.D.5.B. The sign display surface is not more than twenty-four and one-half (24.5) square feet, and not more than three and one-half (3.5) feet tall.

    16.4.D.5.C. The sign is not a billboard or non-accessory sign.

    16.4.D.5.D. All wall signs, projecting signs, window signs and roof signs, except directory signs stipulated in Section 16.4.A.5 and traffic signs stipulated in Section 16.4.G are not permitted.

    16.4.D.5.E. The sign structure is of a brick or masonry construction, complete with an adequate footing.

    16.4.D.5.F. The area around the sign is populated with at least six well-maintained evergreen shrubs that hide the entire base of the sign.

    16.4.D.5.G. The sign message area is comprised of only one flat face or two parallel flat faces and limited to a maximum thickness of two feet from face to face.

    16.4.D.5.H. The sign is set back at least ten feet from any street, lot line, driveway, walk or parking area surface.

    16.4.D.5.E. BUSINESS DISTRICT MOTOR VEHICLE FUEL FILLING STATIONS

    16.4.D.5.E.1. These establishments may divide the wall sign provided by Section 16.4.A.1 into separate secondary wall signs, such as a secondary movable letter motor vehicle fuel price sign or signs indicating the separate operations or departments of the premises, provided that the total of the widths of these signs shall not exceed the maximum widths permitted under this by-law.

    16.4.D.5.E.2. The freestanding landscaped sign permitted by Section 16.4.D.4, if indicating the brand or name of motor vehicle fuel being sold, may include the use of a secondary movable letter motor vehicle fuel price sign; such sign is not subject to Section 16.4.D.4.D.

    16.4.D.5.E.3. The use of a secondary movable letter motor vehicle fuel price sign, in the Interest of Public Safety, is subject to the following:

    16.4.D.5.E.3.A. The Building Commissioner shall file a written report, including the basis for the determination, relative to the provisions of Section 16.2.F.

    16.4.D.5.E.3.B. In the case of a freestanding sign usage, the display surface area shall be located under the freestanding landscaped sign and the price sign shall not be more than one (1) foot in height.

    16.4.D.5.E.3.C. The display surface area of a wall sign shall not be more than twelve (12) square feet, or for a free standing sign, more than seven (7) square feet.

    16.4.D.5.E.3.D. Only one price sign is permitted per site and no more than four (4) different motor vehicle fuel prices may be comprised of movable letters.

    16.4.D.5.E.3.E. The change in lettering provisions not permitted by Section 16.5 shall not apply to the aforementioned changes in motor vehicle fuel prices.

    16.4.D.5.E.3.E.1. The standard unilluminated moveable letter motor vehicle fuel price sign attached to each pump with a display surface of not more than thirteen (13) inches wide and eight (8) inches in height for each price, and the standard type of motor vehicle fuel pump bearing thereon the unilluminated name or type of fuel thereof, shall not be deemed to be signs within the meaning of this by-law.

    Amended: Article 53, ASTM, 5/7/91; Effective 6/4/91
    Amended: Article 21, ASTM, 10/5/93; Effective 10/19/93

    16.4.F. Traffic Flow Signs: Signs directing traffic flow, except standard traffic control signs consistent with the Federal Department of Transportation Regulations (i.e. currently the Federal Highway Administration Manuel on Uniform Control Devices for Streets and Highways) and also recommended by the Chief of Police such as stop, one-way, yield, merge and the like, may not exceed three square feet in area and four feet in height, and each sign must also be approved by the Chief of Police or his designated Signage Safety Officer, for the purpose of insuring the safety of the public and the enforcement of all laws under the authority of the office of the Chief of Police.

    16.4.G. Handicapped Parking Space Signs: Handicapped parking space signs, as required by Chapter 40 of the Massachusetts General Laws, Section 21 (23) (b), shall be identified by the use of above grade signs with white lettering against a blue background and shall bear the words "HANDICAPPED PARKING: Special Plate Required. Unauthorized Vehicle May Be Removed at Owner's Expense."

    16.4.H. Changeable Letter Signs shall be allowed by special permit, per Section 16.1.E in Business and Industrial Zones in addition to or in lieu of other signage allowed in this By-Law under the following conditions:

    16.4.H.1. The nature of the business is such that the special events or scheduling dictates use of such a sign (example: movie theatres, arenas, farm stands, etc.).

    16.4.H.2. The sign shall be permanent in nature except for changeable copy.

    16.4.H.3. The sign shall meet the dimensional and illumination limitations for wall or freestanding signs, as applicable, set forth under Section 16.4.A, 16.4.D.4 and 16.2.E.

    Amended: Article 16, AFTM, 10/5/93; Effective 10/19/93

    16.5 NON-CONFORMANCE OF SIGNS

    Signs legally existing on the effective date of this section may continue to be maintained, provided however, that no such sign shall be changed in size, shape, construction, location, coloring, symbols, lettering or illumination except as may be allowed by Section 16.1.E. However, it is permissible to remove letters or words, nothing added, on non-conforming signs by painting over them with the predominant color of the sign. It is the intent of this by-law to achieve conformance and not to extend non-conforming uses.

    Amended: Article 57, ASTM, 5/2/89; Effective 5/23/89

    Section 17. ADMINISTRATION AND ENFORCEMENT

    17.1. Building Commissioner

    The Building Commissioner appointed under the provisions of Chapter 40A of Massachusetts General Laws is hereby designated and authorized as the officer charged with the enforcement of this By-Law. If the Building Commissioner is informed or has reason to believe that any provision of this By-Law is being violated, he shall make or cause to be made an investigation of the facts and inspect the property where such violation may exist. If upon such investigation and inspection he finds evidence of such violation, he shall give notice thereof in writing to the owner and occupant of said premises and demand that such violation be abated within such time as the Building Commissioner deems reasonable. Such notices and demand may be given by mail, addressed to the owner at his address as it then appears on the records of the Boards of Assessors of the Town, to the occupant at the address of the premises, and the complaintant(s), if any, of record. IF after such notice and demand the violation has not been abated within the time specified therein, the Building Commissioner shall institute appropriate action or proceedings in the name of the Town to prevent, correct, restrain or abate such violation of this By-Law.

    17.1.A. Penalty: Anyone who violates a provision of this By-Law, any of the conditions under which a permit is issued, or any decision rendered by the Board of Appeal shall be punishable by a fine of not more than three hundred dollars ($300.00) for each offense. Each day during which any portion of a violation continues under the provisions of Section 17.1 shall constitute a separate offense.

    Amended: Article 50, TM, 5/7/85; Effective 5/14/85

    17.1.B. Building Permits: Applications for building permits shall be filed with the Building Commissioner on forms furnished by him. With every such application, there shall be filed a plan in duplicate of the lot upon which said building is to be erected, drawn to scale and showing the dimensions of the lot and the location and size of the building, is any, upon said lot and the building or buildings to be erected thereon and all streets upon which said lot abuts. Once a foundation is constructed, a certified plot plan shall be submitted to the Building Commissioner with such information as he may deem necessary for the enforcement of the Zoning By-Law and other applicable laws, by-laws, rules and regulations of the Town. He shall not issue a permit or approve an application for the construction, alteration, or moving of any building or part thereof, unless such plan and specifications indicate that the building, premises, and the lot conform in all respects to the provisions of this By-Law. Whenever any such application is denied by the Building Commissioner, he shall clearly state his reasons therefore in writing to the applicant.

    17.1.C. Conforming to Subsequent Amendments: Construction on or use of property 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 months after the issuance of the building permit and in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable.

    17.2. Special Permits (SP)

    The Special Permit Granting Authority (SPGA) or permit granting authority shall hear and decide applications for special permits for uses as provided in this By-Law, to appropriate conditions, safeguards and limitations on time or use. In granting a special permit, the SPGA or permit granting authority shall impose such additional conditions and safeguards as furthers the following objectives: To lessen congestion in the streets, to conserve health; to secure safety from fire, flood, panic and other dangers; to provide adequate light and air; to facilitate the adequate provision of drainage, parks, open space and other public requirements; to encourage housing for persons of all economic levels; to conserve the value of land and buildings, including the conservation of natural resources and the prevention of blight and pollution of the environment; to encourage the most appropriate use of lands throughout the Town and to preserve and increase amenities. Such special permit may be granted, when in the judgment of the S.P.G.A. or the permit granting authority, the public welfare and convenience will be substantially served thereby, where a requested permit will not tend to impair the status of the neighborhood, and only for uses which are in harmony with the general purpose and intent of this By-Law. Uses, whether or not on the same parcel as activities permitted as a matter of right, accessory to activities permitted as a matter of right, which activities are necessary in connection with scientific research or scientific development or related production, may be permitted upon issuance of a special permit provided the granting authority finds that the proposed accessory use does not substantially derogate from the public good and provided that no special permit shall be issued for such uses in districts where such use is not permitted under this By-Law.

    17.2.A. Application Procedures: The applicant shall obtain an application form from the appropriate permit granting authority or Special Permit Granting Authority together with the rules relative to the issuance of such permits according to Chapter 40A, Section (s) 9, 9A, and 12 of Massachusetts General Laws. At the time of filing, the applicant shall file two copies of the application with the Town Clerk and shall file as many other copies of the application to other Town agencies or Boards for recommendations as these rules may require. The Town Clerk shall forthwith deliver a copy of the application to the permit granting authority or to the SPGA, whichever applies, and this authority shall hold a public hearing on any properly completed application including any other requirements of their rules, within sixty-five (65) days after filing; and shall within ninety (90) days following a public hearing for which notice had been given by publication or posting as provided in Chapter 40A, Section 11 of Massachusetts General Laws and by mailing to all parties in interest.

    17.2.B. Conforming to Subsequent Amendments: Construction on or use of property under a special permit shall conform to any subsequent amendment of this By-Law unless the use or construction is commenced within six 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. A special permit shall lapse two years from the granting thereof or such shorter time as specified in said permit if a substantial use thereof has not sooner commenced except for good cause or, in the case of a permit for construction, if construction has not begun by such date except for good cause, but such period shall be extended by the time required to pursue or await determination of an appeal.

    17.2.C. SPGA: The SPGA shall be the Board of Appeal unless otherwise designated within this By-Law.

    Amended: Article 45, TM, 10/4/83; Effective 10/11/83
    Amended: Article 4, TM, 11/24/83; Effective 11/29/83

    17.3. Public Hearing Fee

    There shall be a $50.00 fee charged by the Planning Board for any request requiring a public hearing as defined by M.G.L.C. 40A and Section 11, and M.G.L.C, 40, Section 15C. This applies to request for permission to return to the Board of Appeals, for Scenic Roads Permits and for any modification to previously granted approval. In addition to advertising and mailing costs shall be the responsibility of the applicant.

    Added: Article 41, AFTM, 10/4/88; Effective 10/20/88

    17.4 Non-Criminal Disposition

    In addition to the procedure for enforcement as described under Section 17.1, the provisions of this By-Law may also be enforced by non-criminal disposition, as provided in Massachusetts General Laws, Chapter 40, Sec. 21D. The penalty for such violation shall be $50.00 for the second offense, $100.00 for the third offense, and $200.00 for the fourth and each subsequent offense.

    Added: Article 55, AFTM, 10/3/89; Effective 10/19/89

    Section 18. SITE PLAN SPECIAL PERMITS

    18.1 General

    The Special Permit Granting Authority (SPGA) for Section 18 shall be the Planning Board. Besides the power to approve, the board is empowered to modify, amend or rescind its approval for reasonable cause.

    18.2. Purposes

    18.2.A. The purpose of this section of the Zoning By-Law is to encourage well planned site developments which are harmonious with established land uses and circulation systems, and the natural environment, in addition to being efficient in function and maintaining or improving public health and safety. This, among other objectives includes:

    18.2.A.a. Protection of adjoining premises against detrimental or offensive uses on the site.

    18.2.A.b. Convenience and safety of vehicular and pedestrian movement within the site, and in relation to adjacent streets, property or improvements.

    18.2.A.c. Adequacy of the methods of disposal for sewage, refuse, and other waste resulting from the uses permitted or permissible on the site, and the methods of drainage for surface water including consideration of groundwater.

    18.2.A.d. Adequacy of ingress and egress, space for the off-street loading and unloading of vehicles, goods, products and materials incidental to the uses permitted or permissible on the site.

    18.2.A.e. Adequacy of lighting such that all lighting and other sources of illumination, whether interior or exterior, and all intense light emanating from operations or equipment shall be shielded from direct view at normal eye level from adjacent properties.

    18.2.A.f. Adequacy of landscaping and open space to screen buffer, separate areas, and protect groundwater.

    18.2.A.g. Compatibility with the surrounding neighborhood including size and character of the proposed buildings and site improvement.

    18.2.A.h. Preservation of historical buildings and sites including their renovation, conversion and alteration.

    18.2.B. The Site Plan Special Permit Process does not concern itself with determining whether a rightful use is allowed but how the Site is developed to accommodate the proposed use.

    18.3. Decision Criteria

    Site Plan Special Permit approval shall be based on meeting the objectives (a-h) set out under Section 18.2 of this By-Law. The Applicant must clearly satisfy all objectives or state the reason(s) why any particular objective does not apply.

    18.4. Applicability

    18.4.A. A Site Plan Special Permit shall be required in the following cases:

    18.4.A.1. New construction of all non-residential uses, if not otherwise exempted under Section B, with gross floor areas of more than 5000 square feet on a single site.

    18.4.A.2. Additions to existing non-residential uses if not otherwise exempted under Section B, resulting in a total floor area of more than 5000 square feet on a single site (existing square footage and area of addition = total floor area).

    18.4.A.3. Conversions of residential use to commercial or industrial use resulting in more than 5000 square feet of gross floor area, not counting residential space if it remains residential.

    18.4.A.4. Any new construction on, exterior alteration to, or demolition of the properties or sites within the Town Historic Districts which are either designated as a National Register property or as eligible for National Register status (as shown on appendix map B of the document "Historical Preservation in Billerica" prepared by NMAC and the Billerica Historical Commission dated December, 1981).

    Amended: Article 29, FTM, 10/6/87; Effective 10/20/87

    18.4.B. The following shall be exempt from Site Plan Special Permit requirement:

    18.4.B.1. Uses requiring a use special permit indicated in the Principal Use Table (Section 5.7.2) with the exception of Flood Plain and Earth Migration Use.

    18.4.B.2. Expansion of non-conforming uses as described under section 11.D of this By-Law.

    Amended: Article 30, FTM, 10/6/87: Effective 10/20/87
    Amended: Article 54, AFTM, 10/3/89; Effective 10/19/89
    Amended: Article 21, AFTM, 10/2/90; Effective 10/4/90

    18.4.C. In cases where a project or building contains both a special permit use and a use by right, a Site Plan Special Permit is required if the square footage on the use by right exceeds 5000 square feet as outlined in Section A. In such an instance, both a use special permit and a site plan special permit would be required. In addition, this section is not intended to exempt use special permits from site plan review requirements found elsewhere in this by-law.

    18.5. Requirements

    18.5.A. The applicant shall file with the Planning Board ten copies each of the completed site plan application form and a site plan in the form set forth in the "Preparation of Site Plan", together with a filing fee of $250.00 for a special permit and a site plan filing fee of $25.00, by certified check or money order made payable to Town of Billerica. The application shall contain a description of the use to which the land will be put, stating the number of public served or number of employees, parking required, loading and unloading facilities required, projected water demand and descharge, sewer demand and discharge.

    18.5.B. The application shall be accompanied, if required by the Planning Board , by photographs of the site and surrounding properties.

    18.5.C. The application shall be accompanied by a properly executed written purchase and sale agreement naming all parties involved, copy of the owner's deed giving a legal description of the site, and/or other evidence of authority or interest of the applicant, whenever the applicant is not the owner of the subject property.

    18.5.D. Copies of existing variances or special permits applicable to the property shall be attached to the application for site plan.

    18.5.E. A description of the effect on the environment shall accompany the application for site plan approval. The applicant shall file a written statement identifying the special respects in which the natural features of the site are changed, and show on the site plan, plans for existing grading, slopes and drainage giving finished elevations of slopes, grading, drainage and flood plain lines.

    18.5.F. The applicant shall file a statement identifying the specific respects in which the features of the neighborhood will be effected.

    18.5.G. The applicant shall demonstrate that the proposed site plan project is or will be in compliance with all zoning by-laws.

    18.5.H. Requirements "e" through "g" shall be prepared by the engineer used in the preparation of the site plan, shall be in writing and bear the stamp of the engineer.

    18.6. Site Plan Special Permit Procedure

    18.6.A. Before filing, it is recommended that the applicant make arrangements through the Building Inspector for a preliminary review conference with the representatives of the Planning Board, Building Department, D.P.W. and where applicable, the Board of Health, Conservation Commission and the Board of Appeals.

    18.6.B. Within three (3) days of receipt of the Site Plan application and materials, the Planning Board shall submit one copy each of the application and site plan to the Building Department, D.P.W., the Conservation Commission and Board of Health. Upon receipt of the application and site plan, the Boards and Agencies shall date the receipt of such materials. Within twenty-seven (27) days of transmittal, the Building Inspector, the Conservation Commission and the Board of Health shall make their final reports to the Planning Board. Within fifty (50) days of filing, the Planning Board shall hold a duly advertised public hearing and shall take final action on the application within fifteen (15) days of the public hearing.

    18.6.C. The Planning Board shall review the site plan and the reports of the Building Inspector, D.P.W., the Conservation Commission and the Board of Health and other reports deemed necessary by the Planning Board, and make its final decision.

    18.6.D. Criteria for approval or disapproval of the site plan by the Planning Board after a duly advertised public hearing where reports were filed with the Planning Board, by the Building Inspector, the D.P.W., the Board of Health, the Conservation Commission or other report deemed necessary by the Planning Board and filed with the Planning Board for the Public Hearing, shall be based on the Rules and Regulations of the Planning Board for the Town of Billerica, as most recently revised and Massachusetts General Laws, Chapter 41, Section 81K - 81GG, as most recently reviewed.

    18.6.E. The Planning Board shall act on the application and site plan with a positive or negative decision, or may take no action, in which event the Planning Board shall be deemed to have approved the application and site plan.

    18.6.F. The Planning Board may require a contract, may attach conditions to any approval and may require security for the performance of any part of all of the site plan, if approved.

    18.6.G. One year following site plan approval, the developer will submit to the Planning Board a factual assessment of the actual impact of the development on the community, citing water consumption and discharge, sewer flow, gas and electric consumption, and traffic impacting the local road(s) entering and exiting the development.

    18.6.H. Procedural Calendar for Site Review

    DAY
    ACTION
    RESPONSIBILITY
    (1)
    0
    Petitioner may ask for waiver of site plan special permit or may ask the Building Inspector for a review of application by Town Officials & Boards
    Petitioner
    (2)
    3
    Application and preliminary site plan filed with the Planning Board
    Petitioner
    (3)
    3
    Planning Board transmits copy of (1) application and copy of site plan to Building Inspector and, when applicable the Board of Health and Conservation Commission
    Planning Board Clerk
    (4)
    4
    Planning Board Clerk prepares calendar (2) of action times
    Planning Board Clerk
    (4)
    27
    Building Inspector, Board of Health, (3) Conservation Commission, * and other Boards or information required, report to the Planning Board
    Building Inspector, Board of Health, Conservation Commission
    (1)
    30 (2)
    Date set for the Public Hearing
    Planning Board Chairman
    (1)
    33
    Notice of Public Hearing posted at Town Hall and first publication in newspaper
    Planning Board Clerk
    (1)
    40 (2)
    Second Publication of notice in newspaper (second week)
    Planning Board Clerk
    (1)
    50
    Planning Board reviews site plan at public hearing
    Planning Board Chairman
    (1)
    65 (2)
    Final action by Planning Board filed (4)with Town Clerk
    Planning Board Clerk

    Note: (1) Saturdays, Sundays and Holidays excepted.
    Note: (2) Informal
    Note: (3) Or 30 days from date of transmittal (45 days by law)
    Note: (4) Within 15 days of Public Hearing

    18.7. Preparation of Site Plan

    18.7.A. Form: Each site plan, including any profiles required shall be prepared by a Civil Engineer, registered in Massachusetts and shall be clearly and legibly drawn on mylar to a scale of 1" = 40', or to a scale acceptable to the Planning Board which will show all details clearly. Sheet size shall be 24' x 36', or to a size acceptable to the Planning Board.

    18.7.B. Number of Copies: One duplicate tracing transparency on a cloth or film process acceptable to the Planning Board of each plan and profile, together with ten (10) blue-line or black-line prints of each plan shall be provided.

    18.7.C. Content: Each site plan shall contain, in addition to other specific information deemed necessary by the Planning Board in any particular instance, the following information:

    18.7.C.1. Boundary lines showing all metes and bounds, area, north point, scale and date;

    18.7.C.2. Name and address of the person preparing the site plan stamped with his Massachusetts Registration seal as a land surveyor or professional engineer and signature;

    18.7.C.3. Name and address of the record owner or owners of the property;

    18.7.C.4. Names of all abutters as they appear in the most recent certified tax list;

    18.7.C.5. Location, width and names of all existing streets and ways, location and widths of all existing and proposed easements and rights of way;

    18.7.C.6. Access to public roads, existing and projected carrying capacity and level of service of the roads;

    18.7.C.7. Location and outline of all existing buildings, cesspools, septic tanks, leaching areas and wells on property;

    18.7.C.8. Availability of public sewer service, access to trunk lines, capacity of the truck lines and available increases in flow;

    18.7.C.8. Location, size and type of all existing and proposed drains, catch basins, culverts, drainage facilities including adjacent existing water ways and drainage ditches, water mains, hydrants, water supply lines and sewer lines, and utility lines of any description;

    18.7.C.10. All drains, catch basins, culverts, drainage facilities, water main pipe sizes, man-holes, invert elevations and depths are to be in accordance with Planning Board and Town of Billerica Regulations;

    18.7.C.11. The existing topography of the land at two (2) foot contour intervals, Mean Sea Level Datum;

    18.7.C.12. The basement and first floor elevations, the height and use of all existing and proposed buildings on the property;

    18.7.C.13. The location and type of surface of all existing and proposed parking areas, loading areas, maneuvering areas, driveways, fire lanes and accesses, walkways to include wheelchair ramps and crosswalks;

    18.7.C.14. The delineation of each parking space, showing the size of a typical parking space for domestic and imported cars, block totals for number of spaces, with the final number of parking spaces noted on the plan in an obvious place;

    18.7.C.15. The location, type of surface and type of screening of rubbish collection areas and type of container(s);

    18.7.C.16. Profiles of proposed drains, when required;

    18.7.C.17. Major site features, such as rock ridges, ledge outcroppings, swamps, water retention or detention areas, brooks, bodies of water, waterways or canals, and trees of six (6) inch caliper or greater;

    18.7.C.18. The proposed finished topography of the site at two (2) foot contour intervals, Mean Sea Level Datum;

    18.7.C.19. The location and description of a permanent type bench mark on or adjacent to the site;

    18.7.C.20. The location and description of the bench mark used in establishing the topography;

    18.7.C.21. Zoning classification of the property and site, and the location of the zoning district lines if the property lies in one or more zoning classifications, or abuts a zoning district;

    18.7.C.22. Where applicable, the location of wetlands and flood plain protection district boundaries;

    18.7.C.23. Data as may be requested by the Planning Board for a particular reason.

    18.8. Waiver Procedure

    When in the opinion of the Planning Board, the alteration or reconstruction of a structure does not substantially change the relationship of the structure to the site and to abutting properties and structures, the Planning Board may determine, without a public hearing that submission of a Site Plan is not required. Upon application, the applicant should:

    18.8.1. List specific requirements of the site plan requirements and procedure requested to be waived;

    18.8.2. State present use and proposed use of premises; and

    18.8.3. Describe any changes contemplated in buildings, land, or water bodies, including but not limited to:

    18.8.3.a. Intensity of use;

    18.8.3.b. Zoning district (including wetlands and flood plain protection district);

    18.8.3.c. Effect on neighborhood and environment A waiver determination may be made by an affirmative vote of not less than all members of the Planning Board present except one, and in no event less than four members, and all abutters must be notified by certified mail, return receipt requested at lease seven (7) days prior to the meeting at which such vote is to be taken. The involved structure shall be as shown on a site plan previously approved under this section or on a plan determined by the Planning Board to be equivalent to a site plan. The structure as changed, shall comply in every respect with all provisions of the Zoning By-Laws of the Town of Billerica and other applicable laws and by-laws. Notice of final action shall be sent to the Building Inspector and to the applicant. All information requested in this section shall be submitted in triplicate.

    18.9. Security for Special Permits

    The Special Permit Granting Authority, as a condition of granting a special permit may require that the performance of the conditions and observance of the safeguards on such special permit be secured by one, or in part by one and in part by the other, of the methods described in the following clauses (1) and (2). The SPGA shall administer this securing or performance.

    18.9.1. Bond or Deposit By a proper bond or a deposit of money or negotiable security sufficient in the opinion of the SPGA to secure performance of the conditions and observance of the safeguards of such special permit.

    Amended: Article 52, AFTM, 10/3/89; Effective 10/12/89

    18.9.2. Covenant By a covenant running with the land, executed and duly recorded by the owner of record, whereby the conditions and safeguards included in such special permit shall be performed before any lot may be conveyed other than by mortgage deed. Nothing herein shall be deemed to prohibit a conveyance by a single deed, subject to such covenant of the entire parcel of land, the development of which is governed by the special permit.

    18.10. Effective Date

    No Site Plan permit or any modification, extension or renewal thereof shall take effect until a copy of the decision has been recorded in the Northern Middlesex County Registry of Deeds. Such decision shall bear the certification of the Town Clerk that twenty (20) days has elapsed after the decision has been filed in the office of the Town Clerk and no appeal has been filed, or that if such an appeal has been filed, it has been dismissed or denied.

    18.11. Time Limitation on Site Plan Special Permit

    A Site Plan Special Permit shall lapse if a substantial use thereof has not commenced except for good cause or, in the case of a permit for construction, if construction has not commenced except for good cause within a period of time to be specified by the Site Plan Special Permit granting authority not to exceed two years from the date of grant thereof.

    18.12. Appeal

    Appeal from decision of this Special permit Granting Authority may be taken in accordance with the provision of Massachusetts General Laws, Chapter 40A, Section 17.

    18.13.

    The provisions of this chapter shall not apply to those who have applied for a building permit (pre-application) prior to June 1, 1987.

    Amended: Article 18, STM, 5/5/87; Effective 5/26/87

    Section 19. GENERAL PROVISIONS

    19.1.

    Notwithstanding any language or conditions in this by-law, any regulations or restrictions regarding the methods or construction or structures is regulated by the State Building Code.
    Amended: Article 49, TM, 4/4/78; Effective 5/2/78
    Amended: Article 45, TM, 10/4/83; Effective 10/11/83
    Amended: Article 19, TM, 10/1/85; Effective 10/3/85

    Section 20. VALIDITY

    20.1.

    The invalidity of any section or provision of this by-law shall not affect the validity of any other section or provision thereof.

    Amended: Article 1, TM, 7/30/45; Effective 8/1/45

    Section 21. EFFECTIVE DATE

    21.1.

    This by-law or such portions thereof as have been approved by the Attorney General shall take effect upon its approval by the Attorney General and publication according to law.

    Amended: Article 1, TM, 7/30/45; Effective 8/1/45

     

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