1. No building or structure shall be used or arranged or designed to be used in any part and no change shall be made in the use of land or premises, except for one or more of the following purposes:
a. A detached dwelling for one family.
b. The taking of boarders or the letting or renting of rooms by a resident family in a dwelling; but no dwelling so used shall be enlarged, but may be remodeled for the same or like purpose.
c. Home occupations and home offices, as accessory uses within single family dwellings, or buildings accessory thereto, subject to the following conditions:
(1) The home occupation or home office shall be clearly incidental and secondary to the use of the dwelling as a residence, shall be located within the dwelling unit or a single accessory building, and shall not change the residential character thereof.
(2) The area utilized for the purpose of the home occupation or home office shall not exceed the smaller of (a) twenty-five (25) per cent of the total floor area of the dwelling unit or (b) four hundred (400) square feet.
(3) In a home occupation, not more than one (1) non-resident full-time employee, or equivalent thereof, may be employed in a secretarial or like position. In a home office, not more than two (2) non-resident full- time employees, or equivalent thereof, may be employed. Non-resident employees in a home office need not be secretarial or the like, but shall be employed in a capacity supportive of the practice of the resident professional.
(4) Not more than three (3) customers, clients, pupils, or patients for business or instruction shall be present at any one time. Customers, clients, etc. shall be present only between the hours of 8:00 a.m. and 9:00 p.m., Monday through Saturday.
(5) There shall be no exterior display or storage of goods or materials, and no exterior indication of the home office or occupation other than one non-illuminated identification sign not to exceed two (2) square feet in area.
(6) There shall be no noise, vibration, glare, fumes, odors, or electrical interference beyond what normally occurs in a residential area.
d. Family day care home, as an accessory use to a dwelling, allowing not more than six children in care, provided that said dwelling and provider have received a license from the Office for Children to provide family day care, as defined by Chapter 282 of the General Laws.
e. Public buildings and grounds; public and religious schools and private and public hospitals and dormitories accessory thereto; churches or other places of worship; parish houses; passenger stations; water towers; reservoirs; amateur radio towers; private permanent type swimming pools accessory to residential use, subject to set-back, side and rear yard requirements of the District, and/or like uses not otherwise covered.
f. Farms, greenhouses, nurseries and truck gardens; stock farms, cemeteries and the raising of live stock and fowls subject to such conditions as may be prescribed by the Board of Health.
g. A garage on the same lot or in the same building to which it is accessory and in which no business or industry is conducted, except such necessary repair work as is not of a hazardous nature. Garage space shall not be provided on such lot for more than two motor vehicles, except that space for one additional motor vehicle may be provided for each 2,000 square feet of area by which the lot area exceeds 4,000 square feet, but space shall not be provided for more than five motor vehicles in any case. Not more than one commercial vehicle shall be stored on such lot.
h. Private stables subject to such conditions as may be prescribed by the Board of Health.
i. Facilities, including structures and site improvements, owned and operated by a non-profit organization recognized by the Commonwealth of Massachusetts as such, Chapter l80, as amended, Massachusetts General Laws, operated for religious, charitable, educational, scientific, or literary purposes, or to prevent cruelty to animals or children and not of a correctional nature, which are used for the non-profit work of the organization, including the administration of such organization's affairs, provided that:
(1) The contiguous area of the site, including the area of any ponds or lakes located thereon, shall be not less than 40 acres, and
(2) No facilities, other than an access roadway and its necessary appurtenances, shall be located nearer to any lot line than one hundred feet, and
(3) The total area of lot coverage by buildings, including accessory buildings, shall not exceed 6 percent, and
(4) The total area of lot coverage by all facilities, including structures and site improvements which can include but not be restricted to buildings, accessory buildings, parking areas, roadways, driveways, sidewalks, pedestrian trails, and bicycle paths, shall not exceed 20 percent of total lot area, and
(5) The maximum height of buildings shall be three stories not to exceed forty feet, as defined in the BOCA Basic Building Code. Structures such as steeples, monuments, towers, and silos, not intended for occupancy by persons, may be erected to a height of sixty feet, and
(6) There shall be provided facilities for off street parking in accordance with Section IV of the Town of Framingham Zoning By-Law. Passenger car parking spaces shall be not less than eight feet six inches in width. Bus and single unit truck parking spaces shall be not less than eleven feet in width and thirty- five feet long. At least one parking space shall be provided for each employee, plus one parking space for every three persons visiting the facilities in private vehicles, based on the maximum number of persons to be accommodated on the property at one time, plus one parking space for every bus or single unit truck; and,
(7) Entrances to the lot from public or private ways shall be a minimum of thirty feet wide with edge radii of fifty-five feet. The entrance width shall be measured at the interior points of curvature of the edge radii. Entrances restricted to passenger cars only may have edge radii of thirty feet, and
(8) Any sign may not exceed six square feet in area and ten feet in height, including supporting structures and light sources, and must be of a design in keeping with reasonable aesthetic standards and the character of the neighborhood. Signs must be fixed in position so as not to rotate or oscillate. No sign shall project over a street or way used by the public, or shall constitute a hazard to vehicular or pedestrian traffic by its location or the direction and amount of its illumination. Lighting of signs shall be a continuous illumination, not flashing, blinking, or varying in color. Lighting by exposed neon or fluorescent tubes is prohibited, and
(9) Exterior lighting shall be continuous illumination, not flashing, blinking, or varying in color. Exterior lighting fixtures shall be designed and placed so that the light source shall be completely shielded or diffused so as not to produce glare or excessive lighting on abutting premises, and
(10) The premises shall be used for the prescribed purpose only in conformity with a site plan bearing the recommendations of the Planning Board. Said site plan shall show, among other things, the following data:
(a) Area of site
(b) Area, size, and location of all existing and proposed building, structures, parking spaces, driveway openings, service areas, and other open uses, sufficient existing and proposed topographical data to show impact of development on the site and surrounding properties, including but not limited to drainage, and cut and fill, all facilities for sewage, refuse, and other waste disposal and for surface water drainage, all landscape features (such as fences, walls, and planting areas) on the lot, signs, and exterior lighting, except for the seasonal display of lights for the purpose of celebrating holidays.
(c) Maximum area of site to be used for each purpose and a description of such purpose.
(d) Maximum number of employees to be accommodated at one time.
(e) If the public is to be admitted to the premises in the usual course of the use of the facilities, the nature of the activities for which the public is to be admitted and the maximum number of persons expected to be accommodated at one time.
(f) The number of parking spaces and loading berths to be provided and the proposed layout, including access, roads, circulation and maneuvering space, grading, drainage, safety precautions or devices, and surfacing material to be used.
(g) Hours of operation of the facilities as established by the Board of Selectmen.
(h) Hours of operation of the facilities open to the public, as established by the Board of Selectmen.
(i) Existing and estimated future traffic patterns in roadways affected by the facility, including traffic counts and roadway capacity.
(j) Facility water supply requirement and quantity and type of waste waters to be discharged.
(k) There shall also be shown on said plan additional information, if any, necessary for the Planning Board to determine compliance with this By-Law.
(11) Use of the facility shall be subject to such conditions as may be prescribed by the Board of Health.
(12) Any person desiring a building permit under this section shall submit eight copies of the site plan to the Planning Board, and one copy to the Board of Health, by registered or certified mail, return receipt requested. The Board of Health shall notify the applicant and the Planning Board by certified or registered mail within thirty days of receipt of said plan of its approval, with or without conditions, or its disapproval, stating in detail its reasons therefor. No building permit shall be issued until the Planning Board has made recommendations to the Building Commissioner or has allowed 60 days to elapse after receipt of the site plan without acting thereon.
(13) In making recommendations to the Building Commissioner under this paragraph, the Planning Board shall assure to a degree consistent with a reasonable use of the site for the purposes permitted:
(a) Protection of adjoining premises and the general neighborhood against detrimental or offensive uses on the lot, considering characteristics of the neighborhood, noise, odor, dust or other nuisances.
(b) Convenience and safety of vehicular and pedestrian movement within the site and in relation to adjacent streets, properties, or improvements.
(c) Adequacy of water supply, the methods of disposal for snow, sewage, refuse, and other wastes, the methods of drainage for surface water, and snow removal.
(d) Provision for off-street loading and unloading of vehicles incidental to the servicing of the buildings and related uses on the lot.
(e) Adequacy of all other municipal facilities relative to fire and police protection and municipal services to meet the needs of the uses proposed on the site.
(14) Before the Planning Board makes its recommendations to the Building Commissioner a public hearing shall be held by the Planning Board.
2. The following uses shall require a special permit from the Zoning Board of Appeals:
a. Charitable and welfare institutions except as to uses permitted by reason of compliance with paragraph III.A.1.i. of this By-Law.
b. Licensed establishment for the care of sick, aged, crippled or convalescent persons.
c. Private and public golf clubs provided the same are located on a parcel or parcels of land of not less than 50 acres.
d. Outdoor recreational facilities such as swimming pools, tennis courts (but not including driving ranges or miniature golf) owned or operated by a non-government agency, subject to the following provisions:
(1) The use shall not be conducted as a private gainful business.
(2) No accessory structure shall be located nearer any lot line than seventy (70) feet.
e. Conversion of single-family detached dwellings, in existence on March l5, l939, to use as two-family dwellings, subject to the following provisions:
(1) The lot and structure shall conform to the existing area, frontage, width, setback, and lot coverage requirements applicable to the zoning district in which they are located. The Zoning Board of Appeals shall not grant a special permit for a nonconforming lot or structure.
(2) The ground coverage of the structure shall not be increased by more than ten percent, nor the height by raising the roof or otherwise. This restriction shall not apply to the construction of porches, bay windows, or similar accessory structures not exceeding four hundred square feet in area, nor to the addition of dormer windows or gables not over twelve feet in width upon the existing roof.
(3) Off-street parking shall be provided for both dwelling units in accordance with the requirements set forth in Section IV.B., including without limitation the requirements for number of parking spaces and setbacks from lot lines. A minimum of 200 square feet of parking area shall be provided for each required parking space.
3. The following uses shall require a special permit from the Planning Board:
a. Conversion of a single-family detached dwelling to multifamily use, subject to the following provisions:
(1) The structure must have been in existence as a residential structure on March 15, 1939.
(2) The total number of dwelling units after conversion shall not exceed the maximum number of single-family lots which could be attained on the parcel in conformance with the use and dimensional regulations of the underlying zoning district, as determined by the Planning Board.
(3) In connection with an application for a special permit under this section, an applicant shall submit a plan conforming to the requirements for a preliminary subdivision plan under the Planning Board's rules and regulations for the subdivision of land, or an "approval not required plan" if applicable, indicating the number and layout of single-family dwelling lots attainable under the Zoning By-Law without any variance or other special permit, and without any waiver of said rules and regulations.
(4) An application under this section shall be subject to the Site Plan Review provisions of Section IV.I. of this By-Law, regardless of the gross floor area of the structure to be converted.
(5) Any special permit issued under this section shall include the following conditions:
(a) the parcel for which the special permit has been granted shall not be further subdivided;
(b) the structure for which the special permit has been granted shall not be enlarged by any change to the exterior walls or roof;
(c) no variance of any sort shall be issued in conjunction with the use for which the special permit has been granted.
b. Assisted Living and Congregate Living Housing for the elderly, including non-profits, not-for-profits and for-profits, subject to the following conditions (1) - (10) for all new construction and for all rehabilitation/reconstruction of such use in an existing building where the existing footprint or floor area ratio (FAR) have increased; and subject to the following conditions (7) - (10) only for the rehabilitation/ reconstruction of such use in an existing building where the existing footprint and floor area ratio (FAR) have not increased:
(1) the development shall be on a parcel or parcels of land of not less than 5 acres, or not less than 1 acre per 10 units or fraction thereof, whichever acreage calculation is greater in Single Residence and General Residence Districts;
(2) the development shall be permitted only on a parcel or parcels of land located on a primary or collector roadway or with direct access to a primary or collector roadway;
(3) the Floor Area Ratio (FAR) shall not exceed .25 in Residential zones. In a Business District or Office and Professional District, the specified Floor Area Ratio for the District shall apply;
(4) the minimum front setback shall be 150 feet, of which at least 75 feet from the streetline shall be landscaped open space;
(5) the minimum side setback shall be 50 feet, except where the development abuts a lot in single-family, two-family or three-family use, in which case the minimum side setback shall be 200 feet;
(6) the maximum height of a structure (excluding chimneys, antennas and other appurtenances necessary for the operation of the building) in a Single Residence or General Residence District shall not exceed 2 1/2 stories and shall not exceed 35 feet when set back more than 300 feet of a single family, two-family or three-family residential lot line and shall not exceed 2 stories and shall not exceed 26 feet within 300 feet of a single family, two-family, or three-family residential lot line; in a Business District or Office and Professional District, the underlying height requirement shall apply;
(7) developments adjoining or facing residential uses, shall provide year-round opaque screening at the time of occupancy, comprised of walls, fences, berms, or evergreen plantings;
(8) all parking areas shall be provided with year-round opaque screening at the time of occupancy, comprised of walls, fences, berms, or evergreen plantings;
(9) developments located in a Single Residence District or General Residence District shall be designed for compatibility with the residential character of the area;
(10) developments shall be subject to Site Plan Review.
1. No building or structure shall be used or arranged or designed to be used in any part and no change shall be made in the use of land or premises, except for one or more of the following purposes:
a. All uses permissible and as regulated in a Single Residence District.
b. The following uses shall require a special permit from the Zoning Board of Appeals:
(1) Two-family dwellings, subject to the following provisions:
(a) The lot and structure shall conform to the existing area, frontage, width, setback, and lot coverage requirements applicable to the zoning district in which they are located. The Zoning Board of Appeals shall not grant a special permit for a nonconforming lot or structure.
(b) Off-street parking shall be provided for both dwelling units in accordance with the requirements set forth in Section IV.B., including without limitation the requirements for number of parking spaces and setbacks from lot lines. A minimum of 200 square feet of parking area shall be provided for each required parking space.
a. Intent:
(1) To preserve areas for small businesses in close proximity to residential areas.
(2) To preserve uses and encourage development which support pedestrian patronage and alternative transportation in addition to customers arriving by automobile.
(3) To reinforce the historic development pattern of the Town's traditional commercial centers, with small lots, small setbacks, parking to the side or rear, and mixed use structures containing a variety of businesses which primarily serve the needs of the surrounding neighborhood.
(4) To protect such areas from commercial retail development that draw patrons primarily from outside the neighborhood.
(5) To protect adjacent residential neighborhoods from impacts caused by large scale development.
b. Permitted Uses: No building or structure shall be used or arranged or designed to be used in any part and no change shall be made in the use of land or premises, except for one or more of the following purposes; and further subject to the condition that no individual establishment shall exceed 3,000 square feet in gross floor area per establishment and no building or structure shall exceed 6,000 square feet in gross floor area in the B-1 District, except as regulated under Section III.C.1.f. below. For the purposes of Section III.C.1, the gross floor area of individual establishments shall exclude all or part of the area used for ancillary storage space which is secondary and incidental to the allowed principal use, such that the excluded area may not exceed 50 percent of the area of the principal use.:
(1) All uses that are permitted in General Residence Districts but subject to any of the conditions and restrictions set forth relative thereto, unless otherwise regulated in this section.
(2) Professional or administrative offices.
(3) Office or clinic for medical or dental examination or treatment of persons as out-patients, including laboratories incidental thereto.
(4) Financial institution, such as bank or credit union.
(5) Retail services, including but not limited to a drug or package store; grocery, variety, clothing or shoe store; hardware or household appliance sales and services; music store; computer store; book, card, or stationery store; newsdealer.
(6) Personal services, including but not limited to a barber or beautician; pickup or self-service laundry or dry cleaning; garment or shoe makers and repairers; florist; printing, publishing or photocopying; photographer's studio; baker, caterer or confectioner.
c. The following uses shall require a special permit for use from the Zoning Board of Appeals (See III.C.1.b., above, for size restrictions):
(1) Veterinary services or animal groomer, with all activity conducted within an enclosed structure. Noisy activity shall be at least 100 feet from any residential lot line and effectively sound-insulated or screened to protect the neighborhood.
(2) Lodge, club or private non-profit social or fraternal organization.
(3) Library, museum, or public or semi-public institution of a philanthropic or charitable character.
(4) Mortuary, undertaker, or funeral establishment.
(5) Shop of a plumber, carpenter, electrician, upholsterer or similar workshop or repair establishment conducted entirely within an enclosed structure. All work and storage shall be sufficiently sound-insulated and confined to the premises to protect the neighborhood.
(6) Trade, professional, or other school, unless exempted by law.
(7) Day Care facilities for the elderly.
(8) Restaurant, lunchroom, or other eating establishment primarily for on-premises consumption; other than a fast food establishment.
(9) Fast Food Establishment, subject to the following conditions: no special permit may be issued for a Fast Food Establishment with a seating capacity which exceeds 36 seats; safety hazards to pedestrians may not be created; and the design of the building must be architecturally compatible with the nearby building group and neighborhood.
d. The following uses shall require a special permit for use from the Planning Board (See III.C.1.b., above, for size restrictions):
(1) (reserved)
(2) Drive-thru facility associated with a financial institution, containing no more than one lane or window for financial transactions.
e. The following uses are not permitted:
(1) Drive-thrus, except as permitted under III.C.1.d.(2) above.
f. The Planning Board may, by Special Permit, grant approval for individual establishments which exceed 3,000 square feet in gross floor area per establishment, subject to the following requirements: 1) The individual establishment shall be located within a building or structure in existence prior to the establishment of the property within a B-1 zone, where such building exceeded 6,000 square feet in gross floor area at such time; 2) No special permit for size may be issued for individual establishments to exceed 50 percent of the existing building gross floor area, and in no event may a special permit be issued for individual establishments in excess of 10,000 square feet per establishment.
a. Intent:
(1) To preserve business uses which serve nearby residential neighborhoods.
(2) To foster compact commercial centers served primarily by automobiles, yet accessible and inviting to pedestrians.
(3) To contain general business areas consisting of small shopping centers and commercial strips.
(4) To encourage improved visual quality of commercial development.
b. Permitted Uses: No building or structure shall be used or arranged or designed to be used in any part and no change in use, substantial improvement or substantial alteration shall be made, except for one or more of the following purposes; subject to the condition that no individual establishment shall exceed 8,000 square feet in gross floor area per establishment and no building or structure shall exceed 8,000 square feet in gross floor area in the B-2 District, except as regulated in section III.C.2.f, below:
(1) All uses that are permitted in B-1, the Neighborhood Business District, Section III.C.1., subsections b., c., d., e. and f., but subject to any of the conditions and restrictions set forth relative thereto, unless otherwise regulated under this Section.
(2) Lodge, club or other private non-profit social or fraternal organization.
(3) Shop of a plumber, carpenter, electrician, upholsterer or similar workshop or repair establishment conducted entirely within an enclosed structure. All work and storage shall be sufficiently sound-insulated and confined to the premises to protect the neighborhood.
(4) Trade, professional, or other school.
(5) Personal health and exercise facility, or health club.
c. The following uses shall require a special permit for use from the Zoning Board of Appeals for uses under 8,000 square feet of gross floor area:
(1) Fast Food Establishment, subject to the following conditions: no special permit may be issued for a Fast Food Establishment with a seating capacity which exceeds 60 seats; safety hazards to pedestrians may not be created; and the design of the building must be architecturally compatible with the nearby building group and neighborhood.
(2) Gasoline service station for the retail sale of gasoline, oil, auto accessories, and accessory convenience items, and for minor automotive repairs and servicing. Accessory servicing and repair shall be permitted if sufficiently sound-insulated and confined to premises to protect the neighborhood. The use shall be subject to special regulations for Service Stations and Outdoor Auto Sales, Section IV.D., herein.
(3) Indoor entertainment, amusement or recreation facility, unless exempted by law, such as movie theater, bowling alley, billiard room, or tennis club. Noisy activities shall be at least 100 feet away from any lot line and effectively sound-insulated or screened to protect the neighborhood
(4) Establishment for scientific research and development (R&D), provided that the use is operated in compliance with all applicable town, state, and federal health and safety laws and regulations. Uses accessory to activities which are necessary in connection with scientific R&D or related production shall be allowed.
(5) Off-street parking facility for the parking or storage on a fee basis of cars and light commercial vehicles. Commercial vehicles shall not exceed a rated capacity of two and one-half tons.
(6) Radio or Television Studio, without transmitting towers. Satellite dishes must be sufficiently screened to protect the neighborhood from visual impacts.
d. The following uses shall require a special permit for use from the Planning Board (See Section III.C.2.b for size limitation):
(1) Landscaper. Abutting properties shall be sufficiently screened for visual and noise impacts to protect the neighborhood.
(2) Conversion of non-commercial structure into a boarding or lodging house. The structure for which the Special Permit is sought shall not be enlarged by any change to the exterior walls or roof.
(3) Drive-thru facilities associated with any commercial or retail business use; except as noted under III.C.2.e.(2) below.
(4) Drive-thru facility or automatic teller machine (ATM) as a principal use.
e. The following uses are not permitted:
(1) Mixed use - residential use on the upper floors with an allowed non-residential use on the ground floor of a building.
(2) Drive-thru facilities associated with a restaurant or Fast Food Establishment.
f. The Planning Board may, by Special Permit, grant approval for uses set forth in subsections b., c., and d., herein, with 8,000 or greater than 8,000 square feet of gross floor area per establishment up to a maximum size of 50,000 square feet in gross floor area per establishment and may, by special permit, grant approval for a building or structure up to a maximum of 60,000 square feet in gross floor area.
a. Intent:
(1) To encourage business areas with more expansive uses along regional roadways.
(2) To preserve such uses that serve both the Town and surrounding region.
(3) To reduce traffic and safety hazards by promoting shared-access driveways, circulation and parking facilities.
(4) To foster consolidation of small parcels, prevent scattered small-lot development from impairing the location of expansive business uses, and to encourage concentrated rather than strip development.
(5) To encourage improved visual quality of commercial development.
b. Permitted Uses: No building or structure shall be used or arranged or designed to be used in any part and no change shall be made in the use of land or premises, except for one or more of the following purposes:
(1) All uses, except detached single- and two-family dwellings, that are permitted in B-2, the Community Business District, Section III.C.2, subsections b., c., d., e. and f. but subject to any of the conditions and restrictions set forth relative thereto, unless otherwise regulated in this Section.
c. The following uses shall require a special permit for use from the Zoning Board of Appeals for uses under 8,000 square feet of gross floor area:
(1) Automobile repair garage or paint shop facility located principally within an enclosed structure, subject to special regulations Section IV.D., herein. No vehicles other than those under or awaiting repair or awaiting delivery or pick-up after repair shall be stored overnight on the premises except commercial vehicles used in connection with the principal use.
(2) Sale or rental of motor vehicles or trailers; sale and installation of vehicle accessories conducted within an enclosed structure, subject to special regulations Section IV.D., herein. Accessory servicing and repair shall be permitted if sufficiently sound-insulated and confined to premises to protect the neighborhood.
(3) Open or enclosed storage of vehicles, excluding outdoor storage of junk or inoperative motor vehicles. The use shall be subject to special regulations Section IV.D., herein.
(4) Truck or motor freight terminal. Servicing or repair of such vehicles prohibited.
(5) Wholesale business and storage, such as building trade suppliers. Storage of flammable liquids and gas prohibited.
d. The following uses shall require a special permit for use from the Planning Board:
(1) Uses set forth in subsections b. and c., with 8,000 or greater than 8,000 square feet of gross floor area.
(2) Automatic and Self Service Carwashes; subject also to the provisions of Section IV.J.
(3) Drive-thru facilities associated with any commercial or retail business use.
(4) Fast Food Establishment.
(5) Outdoor Entertainment Facility such as miniature golf, driving range or drive-in theater. The use shall not include an Amusement Park. Noisy activities shall be at least 100 feet away from any residential lot line and effectively screened from abutters to protect the neighborhood.
(6) Hotel or motel.
a. Intent: To provide the business community of Framingham with an appropriate location for commerce.
b. Permitted Uses: No building or structure shall be used or arranged or designed to be used in any part and no change shall be made in the use of land or premises, except for one or more of the following purposes:
(1) All uses that are permitted in General Residence Districts but subject to any of the conditions and restrictions set forth relative thereto.
(2) Retail stores and shops for custom work or the making only of articles to be sold at retail on the premises, with less than 8,000 square feet of gross floor area.
(3) Business or professional offices and banks and clubs and lodges, with less than 8,000 square feet of gross floor area.
(4) Places of business of baker, barber, blacksmith, builder, carpenter, caterer, clothes cleaner and presser, confectioner, contractor, decorator, dressmaker, dyer, electrician, florist, furrier, hairdresser, hand laundry, manicurist, mason, milliner, newsdealer, optician, painter, paperhanger, photographer, plumber, printer, publisher, roofer, shoemaker, shoe-repairer, shoe-shiner, tailor, tin-smith, telephone exchange, telegraph office, undertaker, upholsterer, or wheelwright, with less than 8,000 square feet of gross floor area.
c. The following uses shall require a special permit from the Zoning Board of Appeals for uses under 8,000 square feet of gross floor area:
(1) Light manufacturing and similar uses which may, in specific instances be found to be compatible with the uses mentioned above.
(2) Theatres, moving picture shows, bowling alleys, skating rinks, billiard rooms and other commercial amusement places.
(3) Retail gasoline and oil stations, garages for storage and repair, salesrooms for motor vehicles, and stables.
(4) Billboards, as regulated by law and ordinance.
(5) Retail dealers in grain, fuel, lumber, and structural materials, milk depots and other commercial, non-manufacturing uses not hereinbefore specified.
(6) Hotels, boarding and lodging houses.
(7) Retail and wholesale dealers in ice.
(8) Trucking terminals, or storage yards for transportation vehicles.
(9) Restaurants, whether serving food to be consumed on or off the premises.
d. Thefollowing uses shall require a special permit from the Planning Board:
(1) Uses set forth in subsections b. and c. herein, with 8,000 or greater than 8,000 square feet of gross floor area.
(2) drive-thru facilities, standing alone or accessory to another use.
(3) Automatic and Self-service Carwashes (see also Section IV.J.).
1. No building or structure shall be used or designed to be used in any part and no change shall be made in the use of land or premises, except for one or more of the following purposes:
a. All uses permissible and as regulated in a Single Residence district.
b. The following uses shall require a special permit from the Zoning Board of Appeals for uses under 8,000 square feet of gross floor area:
(1) Administrative, clerical, statistical and professional offices.
(2) Branch banks.
c. The Planning Board may, by Special Permit, grant approval for uses set forth in subsection b., herein, with more than 8,000 square feet in gross floor area.
It is the intent of this district to permit and encourage the appropriate reuse of land and buildings that are no longer needed or suitable for their original use, and to permit reuses which are compatible with the character of the neighborhood and which take into consideration the interests of abutters, neighbors and the public, especially where the site abuts a residential area or the building(s) merit preservation. The provisions of this section shall apply only to land and buildings in municipal ownership on the date of Town Meeting action placing land in this district.
No building or structure shall be used or arranged or designed to be used in any part and no change shall be made in the use of land or premises except for one or more of the following purposes:
a. All uses permissible by right or by special permit in a Single Residence District subject to the same lot size, frontage, and setback regulations as residences in the R-3 Single Residence District.
b. Multi-family or single-family residences at a density greater than that permitted by Section III.E.2.a., subject to the Special Reuse Permit provisions of Section III.E.3.
c. Medical, professional, business, banking, or research and development offices, subject to the Special Reuse Permit provisions of Section III.E.3.
d. Retail service establishments or retail stores, including shops for making articles to be sold at retail on the premises, subject to the Special Reuse Permit provisions of Section III.E.3.
In all instances where a Special Reuse Permit is required by this Section, no structure shall be erected, enlarged or used and no land shall be used except in conformity with said Permit. The Zoning Board of Appeals (ZBA) shall be the permit granting authority for such Permits.
Prior to the filing of an application subject to this Section, the applicant shall submit plans to the Building Commissioner who shall advise the applicant as to the pertinent sections of the Zoning By-Law. The applicant shall then submit five copies of the application to the ZBA which shall forthwith transmit one copy each to the Town Clerk, the Engineering Department, the Planning Department, and the Planning Board. Such agencies shall, within 30 days of receiving said copy, submit a report containing recommendations and the reasons therefor to the ZBA, and may recommend conditions deemed appropriate for the proposed use. The ZBA shall not render a decision on any such application until said recommendations have been received and considered, or until the 30-day period has expired, whichever is earlier. Failure of such agencies to submit their respective recommendations shall be deemed concurrence thereto. The conduct and notification of hearings and decisions on applications under this Section shall be in accordance with the procedures for all Special Permits in M.G.L. Ch. 40A. S.9.
To assist the ZBA in rendering its decision on the application, said application shall indicate at least the following:
(1) Locus plan indicating, for the subject site and for all properties within 1000 feet: lot lines, ownership, location of structures and location of significant landscape features.
(2) Existing site plan with contours at a maximum of two feet showing location of structures, parking areas, driveways and walkways, and other significant site features.
(3) Proposed site plan including a plan of the layout of buildings and structures and the proposed use of interior space; a parking plan; a landscaping plan; a drainage plan with contours at a maximum of two feet; a design plan showing the exterior treatment of buildings; and, for areas or buildings having historical or architectural significance, a design plan showing the interior treatment of buildings.
(4) If new construction or additions are proposed, a perspective drawing showing the new construction or additions in relationship to existing buildings on the site and on adjacent land.
(5) A traffic report.
(6) Information pertaining to the financial feasibility and the likelihood of completion of the proposed project.
(7) Other information as may reasonably be required by the ZBA to ensure compliance with the provisions of this Section.
The ZBA shall approve only those applications which meet the following conditions:
(1) The proposal protects adjoining premises from characteristics of the proposed use which are incompatible, detrimental, offensive, or unsightly.
(2) The proposal ensures the harmonious relationship of proposed structures and additions to the terrain and to the use, scale, and architecture of existing buildings on the site or in the vicinity that have functional or visual relationship to the proposed structures and additions.
(3) The proposal preserves and enhances open space, trees, plantings and other natural features of the site.
(4) The proposal maximizes the privacy of residents on the site and on abutting parcels.
(5) The proposal ensures that the size, location, design, color, texture, lighting and materials of all permanent signs shall not detract from the use and enjoyment of the site and the surrounding properties.
(6) The proposal protects Framingham's heritage by minimizing removal or disruption of historic, traditional or significant uses, structures or architectural elements, whether these exist on the site or on adjacent properties.
(7) The proposal provides convenient and safe vehicular and pedestrian movement within the site, and in relation to adjacent ways, property or improvements, and the proposed use will not result in a volume of traffic inappropriate to the public ways providing access to the site.
(8) Adequate parking facilities are provided in accordance with Section IV. of the Zoning By-Law.
(9) The proposal provides adequate methods of disposal and storage of wastes resulting from the uses proposed for the site, and adequate methods of drainage for surface water.
(10) The proposed uses and structures are consistent with any conditions imposed by the Town Meeting on the sale, lease, or transfer of the site.
In approving a Special Reuse Permit the ZBA may attach such conditions and safeguards as are deemed necessary to protect the neighborhood, including a bond or other security to ensure compliance with the conditions of authorization.
No building to be occupied for a use requiring a Special Reuse Permit shall be occupied or used without an occupancy permit signed by the Building Commissioner which permit shall not be issued until the development complies in all respects with the site plan approved by the ZBA and any conditions imposed by the ZBA on the granting of a Special Reuse Permit.
1. No building or structure shall be used or arranged or designed to be used in any part and no change shall be made in the use of land or premises, except for one or more of the following purposes:
a. Any non-residential use permissible and as regulated in general business districts (B-4), except as noted in paragraph 2., below.
b. Laboratories, research, experimental and testing.
c. Manufacturing of the following:
Clothing
Electrical Appliances
Food Products preparation except as prohibited in Section III. G.
Leather goods
Machinery parts and accessories, such as bolts, nuts, screws, washers, gears, etc., provided power forges are not employed on the premises; small tools, provided power forges are not employed on the premises.
In no case, however, shall basic materials be processed on the premises, a power generating plant be maintained on the premises, nor more than one hundred horsepower to be used as the total capacity in electric motive power for each two thousand square feet of floor area employed for such purposes.
d. Bottling works.
e. Stone or monument works, employing not more than five workers, and providing any stone cutting be done behind a screen between the site of such cutting and any street line or property line.
f. Municipal plant for the disposal of sewerage, or for the incineration of refuse garbage an municipal sanitary land fill operation.
2. The following uses shall require a special permit from the Planning Board:
a. Office and commercial uses permitted in the general business district which require the provision of 50 or more parking spaces, calculated in accordance with Section IV of this Zoning By-Law
1. No building or structure shall be used or arranged or designed to be used in any part and no change shall be made in the use of land or premises, except for one or more of the following purposes:
a. Any non-residential use permissible and as regulated in light manufacturing districts.
b. Wholesale lumber, fuel, and oil manufacturing establishments.
c. Manufacturing of any description utilizing processes free from neighborhood disturbing odors and/or agencies.
2. Uses which would be offensive because of injurious or obnoxious noise, vibration, smoke, gas, fumes, odors, dust or other objectionable features, or because hazardous to the community on account of fire or explosion or any other cause shall require a special permit from the Zoning Board of Appeals.
The Floodplain Districts comprise areas of special flood hazard as shown on the Flood Insurance Rate Map (FIRM) and the Flood Boundary and Floodway Map (Floodway Map) published by the Federal Emergency Management Agency and incorporated herein by reference. An area of special flood hazard is the area subject to a one percent or greater chance of flooding in any given year (the base flood) and designated as unnumbered Zone A or Zones A1 to A10 on the FIRM. A floodway is the channel of a river or other water course and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface more than one foot at any point; the regulatory floodway is shown on the Floodway Map.
a. All proposed development in a Floodplain District shall require a permit from the Building Commissioner.
b. In addition to a permit from the Building Commissioner, any construction, enlargement, extension, or substantial improvement of a new or existing building for human habitation, normally allowed by right or authorized by special permit in a land area underlying a Floodplain District, shall require a special permit from the Zoning Board of Appeals (ZBA).
c. In the regulatory floodway, any development or encroachment, including fill, which would result in any increase in flood levels during the base flood shall be prohibited.
Prior to the filing of an application subject to this section, the applicant shall submit plans to the Building Commissioner. The Commissioner shall advise the applicant as to the pertinent sections of the Zoning By-Law and the State Building Code particularly Section 744 of such code which is incorporated herein by reference. If a special permit is required, the applicant shall then submit seven copies of the application to the ZBA, who shall forthwith transmit one copy each to the Town Clerk, the Conservation Commission, the Board of Health, the Engineering Department, the Planning Department, and the Planning Board. Such agencies shall, within 30 days of receiving said copy, submit a report containing recommendations and the reasons therefor to the ZBA, and may prescribe conditions deemed appropriate for the proposed use. The ZBA shall not render a decision on any such application until said recommendations have been received and considered, or until the 30-day period has expired, whichever is earlier. Failure of such agencies to submit their respective recommendations shall be deemed concurrence thereto.
To assist the ZBA in rendering its decision on the application, said application shall indicate at least the following:
a. All information normally required in a building permit application.
b. If approval for development must be obtained from the Commonwealth of Massachusetts or the United States Government or any agency or subdivision thereof, such approval shall be obtained, and a copy of the document setting forth such approval, and any conditions imposed thereon, shall be filed with the ZBA as part of this application.
c. The boundary of the special flood hazard area and the regulatory floodway shall be drawn on a plan of the site which shall also include contour lines at a maximum of two foot intervals. Base flood elevation on this site plan shall be certified by a registered professional engineer, architect, or surveyor. In unnumbered A zones base flood elevation data from sources other than the FIRM shall be obtained and reasonably utilized.
d. Location of existing and proposed sewer disposal facilities, leaching fields, and other utilities.
e. For any building to be occupied as a residence, certification by a registered professional engineer, architect, or surveyor that the proposed structure has been planned and designed to have the lowest floor, including the basement, elevated above the level of the base flood.
f. For any building not to be occupied as a residence, either certification as above that the lowest floor will be elevated above the level of the base flood, or certification by a registered professional engineer or architect that the building is planned and designed so that it will be watertight and anchored to resist forces associated with the base flood.
g. Other information as may reasonably be required by the ZBA to ensure compliance with the provisions of this section.
In rendering its decision, the ZBA shall evaluate the extent to which the application meets the following conditions:
a. All other necessary permits have been received from those governmental agencies from which approval is required by Federal or State Law.
b. New construction (including prefabricated buildings and mobile homes) and substantial improvements will be anchored to prevent flotation and lateral movement, and will be constructed with flood-resistant materials and methods.
c. Proposed development, including utilities, drainage, and paved areas, is located and designed to be consistent with the need to minimize flood damage.
d. The site plan includes all required information, including base flood elevation data.
e. New water and sewer systems (including on-site systems) are located and designed to minimize infiltration.
f. New and substantially improved residential buildings have been planned and designed to have the lowest floor (including basement) elevated to or above the base flood level.
g. New and substantially improved non-residential buildings have been planned and designed to have the lowest floor (including basement) elevated to or above the base flood level; or be floodproofed to or above that level.
h. Where floodproofing is used in lieu of elevation, the floodproofing methods used are adequate to withstand the forces associated with the base flood.
i. Proposed development will not encroach on the regulatory floodway.
No building newly constructed or substantially improved within a Floodplain District shall be occupied or used without an occupancy permit signed by the Building Commissioner which permit shall not be issued until the development complies in all respects with the site plan approved by the ZBA and any conditions imposed by the ZBA on the granting of a special permit for development in a Floodplain District. No occupancy permit shall be signed by the Building Commissioner until a Post Construction Elevation Certificate/Flood proofing Certificate has been submitted certifying that the building has been elevated above the level of the base flood or, for non-residential buildings, that the building has been floodproofed at least to the base flood elevation. In cases where a variance has been granted by the ZBA permitting construction below the base flood level and/or without adequate floodproofing, an occupancy permit may be granted in accordance with the conditions imposed by the ZBA on the granting of a variance.
The purpose of this section is to encourage, preserve and protect land for use for recreational purposes and other uses as enumerated herein; and to conserve natural conditions, open space, wildlife and vegetation for the general welfare of the public.
No building or structure shall be used or arranged or designed to be used in any part, and no change shall be made in the use of land or premises except for one or more of the following purposes:
a. Agricultural production, livestock, or animal husbandry; forestry, horticulture, floriculture, and related activities.
b. Wildlife reserve, nature area, or similar conservation use.
c. Outdoor recreational facility, as defined in Section I.E.1.
d. The following uses require a Special Permit from the Zoning Board of Appeals, except that in no case shall the Zoning Board of Appeals issue a special permit for use on any lot within this district a) such that the gross floor area of all buildings and structures in the district exceed eighteen thousand (18,000) square feet, or b) such that the floor area ratio of all buildings and structures in the district exceeds one percent (.01), whichever is the lesser:
(1) Greenhouse or other building for the raising and distribution of agricultural products or plants.
(2) Indoor non-profit recreational facilities such as swimming pool, tennis court, skating rink, or children's camp or center.
(3) Mixed Use Cultural and Education Centers for cultural and education programs, events and performances, with indoor and outdoor seating capacity not to exceed a total of 200 seats. Only one such facility may be permitted per District.
(4) Ancillary administrative, maintenance and sanitary facilities necessary to serve the recreational uses in the District.
(5) Public Driving Ranges on parcels of at least 40 acres.
( Continued - Sections 3J, K, L and M )