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Government Guide | Zoning Bylaws of Framingham

IV. SPECIAL REGULATIONS

A. General Parking Regulations

l. Basic Requirement:

It is the intention of this By-Law that all structures be provided with sufficient off-street parking space to meet the needs of persons employed at or making use of such structures; to ensure that any use of land involving the arrival, departure, or storage of motor vehicles on such land be so designed as to reduce hazards to pedestrians and abutters caused by the noise, fumes, and headlight glare of automobiles parking off the street; to reduce congestion in the streets and contribute to traffic safety by assuring adequate space for parking of motor vehicles off the street; and to provide necessary off-street loading space for all structures requiring the large-volume delivery of goods. No building permit or certificate of occupancy for (a) a new structure, or (b) a change in use, or (c) substantial alteration or substantial improvement of an existing structure shall be approved by the Building Commissioner unless off-street parking and loading facilities have been laid out and approved in accordance with the requirements set forth in this section.

2. Applicability

The regulations of this Article shall not apply to parking or loading facilities in existence or for which building permits have been issued before the first publication of notice of the Public Hearing on this By-Law, provided such facilities conformed with all applicable regulations in effect when established and provided the use of the structure served by the parking facility does not change. Any parking or loading facility accessory to a new or substantially altered or substantially improved structure, or accessory to a new use of an existing structure, or the new construction or expansion of a parking or loading facility shall be subject to the requirements of Section IV.

3. Reduction of Existing Spaces

Off-street parking and loading facilities provided in connection with an existing use on the effective date of this By-Law, or provided in accordance with this By-Law subsequent to such date, shall not be reduced in total extent after their provision, except when such reduction is in accordance with the requirements of this Section.

4. Conformance with Use Regulations

a. Means of Access

Access through a residential zone to non-residential zones shall be prohibited except by a public way.

b. Parking Facility

No land area shall be used for an off-street parking or loading facility which is accessory to a use or structure prohibited in the district in which the off-street parking or loading facility would be located.

B. Off-Street Parking

1. Number of Spaces Required

a. Table of Off-Street Parking Regulations

Off-street parking facilities shall be provided for each type of use in accordance with the following table:

TABLE OF OFF-STREET PARKING REGULATIONS


Principal Use                              Minimum Number Of Parking Spaces,          

Single-family Dwelling                     2 per dwelling unit                        

Two-Family and Multi Family Dwellings      2 per dwelling unit; or                    
1 per bedroom, whichever is greater        

Multifamily dwelling for the elderly;      1 per dwelling unit; plus                  
Congregate Housing                         1 space for visitor parking per (10)       
                                           spaces of required resident parking        

Lodging House; Hotel or Motel              1.25 per unit; plus                        
1 per two (2) employees                    

Golf Course or Country Club                50 per nine (9) holes; plus 1/2 the        
                                           requirements for restaurant, club or       
                                           recreation facility specified below        

Entertainment, amusement or recreation     1 per three (3) occupants, or, in the      
facility except theatre; Healthclub        case of a non-structural facility,         
1 per three (3) persons the facility is    
                                           intended to accommodate                    

School or day care facility                1 per four (4)occupants; plus              
1 per two (2) employees                    

Group residence                            1 per three (3) occupants                  

Restaurants, clubs, theaters and other     1 per three (3) occupants; plus            
similar places of assembly; Mixed Use      1 per two (2) employees                    
Cultural and Educational Centers                                                      

Fast Order Food Establishments             1 per two (2) occupants; plus              
1 per two (2) employees                    

Nursing Home or other Residential Care     1 per four (4) occupants; plus             
Facility; Assisted Living Housing          1 per two (2) employees                    

Hospital; Geriatric Hospital; Nursing      1 per 750 s.f. of gross floor area         
Care Facilities                                                                       

Church, Library, Museum or similar place   1 per eight (8) occupants; plus            
of assembly                                1 per two (2) employees                    

Offices of a physician, veterinarian,      1 per 150 s.f of gross floor area; or      
chiropractor, or similar medical           3 per medical practitioner, whichever is   
practitioner; or clinic                    greater                                    

Non-Medical Offices                        1 per 250 s.f. or gross floor area or      
1 per two (2) employees, whichever is      
                                           greater                                    

Bank                                       1 per 175 s.f. of gross floor area; plus   
1 per 250 s.f. of gross floor area for     
                                           areas not devoted to customer service      

Commercial greenhouse, funeral home        1 per 50 s.f. of public floor area; plus   
1 per two (2) employees                    

Barber shop or beauty parlor               3 per operator's station                   

Other personal, consumer and retail        1 per 200 s.f. of gross floor area; plus   
services                                   1 per employee                             

Regional Shopping Center (a center with    1 per 200 s.f. of gross leasable area      
at least 500,000 s.f. of gross leasable                                               
area                                                                                  

Auto repair or other workshop; sales or    1 per 400 s.f. of gross floor area; plus   
rental of motor vehicles                   1 per employee                             

Gasoline service station                   3 per service bay; plus                    
1 per employee                             




Other business, institutional or           As determined by the Planning Board, but   
professional uses not specified            not less than:                             
1 per 200 s.f. of gross floor area; plus   
1 per two (2) employees                    

Wholesale or non-retail business;          1 per 1,200 s.f. of gross floor area; or   
warehouse or other storage facility        1 per employee, whichever is greater       

R&D establishment, manufacturing,          1 per 800 s.f. of gross floor area; or     
industrial services, or extractive         1 per employee, whichever is greater       
industry                                                                              

Other industrial and transportation uses   As determined by the Planning Board, but   
not specified                              not less than:                             
1 per 250 s.f. of gross floor area         

Carwash                                    1 per employee                             




Accessory Uses                             Minimum Number Of Parking Spaces,          

Renting rooms or taking boarders in        1 per room offered for rent                
single family dwellings                                                               

Dormitory                                  1 per bed                                  

Home occupation or home office             1 per room used for office, or occupation  
                                           space; plus                                
1 per non-resident employee; plus          
1 per dwelling unit                        



b. Common Parking Areas and Mixed Use Facilities

(1) Two or more uses may provide for required parking in a common parking lot if the total space provided is not less than the sum of the spaces required for each use individually.

(2) For the purpose of determining parking requirements, a facility which contains more than one use may be broken down into its constituent use components, with each use component treated as a principal use. The determination of how a mixed-use facility shall be broken down into its constituent components shall be made by the Planning Board.

c. Reduction in Required Number of Parking Spaces

The number of required parking spaces in a facility may be reduced by Special Permit, in accordance with the requirements of Section V.E. of this By-Law, if the Special Permit Granting Authority determines that the reduced number will provide adequately for all uses served by the facility.

d. Fractional Numbers

Where the computation of the number of required parking spaces results in a fractional number, only the fraction of one-half or more shall be counted as one.

2. Location of Facilities

a. Proximity to Principal Use

Required off-street parking facilities shall be provided on the same lot or premises as the principal use they are intended to serve, or on a lot in the same ownership adjacent to such use. When practical difficulties, as determined by the Special Permit Granting Authority (SPGA), preclude their establishment on such lot or premises, the SPGA may, by special permit, following a public hearing, allow the establishment of such facilities on another lot. Where such facilities are not owned by the applicant, the applicant shall provide executed instruments establishing to the satisfaction of the SPGA that sufficient legal interest has been acquired in such premises to assure their availability for required parking as long as the use served is in existence.

b. Parking in Required Setbacks

In districts requiring a front setback, no unenclosed parking area shall be allowed within ten feet of a front lot line except on a residential driveway. In districts where no front setback is required, parking areas shall be set back at least five feet from the front lot line. Parking in an enclosed structure shall not be allowed in a required front setback but, for a structure less than 12 feet in height, may extend into a side setback from the buildable portion of the lot up to one-half the required side setback depth. Parking areas, except those associated with single family dwellings in residential districts, shall be set back at least five feet from the side lot lines in all other districts. Where two feet of setback area is included for bumper overhang in the minimum stall depth, as specified in Section IV.B.3 (a) below, the minimum required setback from any lot line shall be increased by two feet.

c. Setback from Building

No parking space shall be located within five feet of a building line. Where two feet of setback area is included for bumper overhang in the minimum stall depth, as specified in Section IV.B.3(a), the minimum required setback from such building line shall be increased to seven feet.

d. Stalls for Oversize Vehicles

In cases where the parking of vans, buses, or other vehicles exceeding 8 feet in width and 18 feet in length is anticipated in connection with a proposed use, stalls for the parking of such vehicles shall be of such dimensions as to accommodate the specified type of vehicle.

e. Parking on Rights-of-Way

No parking area or aisles shall be laid out on land which is reserved as a vehicular right-of-way, whether developed or undeveloped and whether public or private.

3. Design Standards

All parking facilities shall comply with the following design standards:

a. Dimensions of Stalls and Aisles

The minimum dimensions of stalls and aisles shall be as follows:


Refer to Parking Table, below, for corresponding Dimensions



A = Parking angle


B = Distance from stall to curb

C = Aisle width

D = Curb length per car

E = Stall depth

F = Stall width


PARKING TABLE

(linear measures in feet; angular measures in degrees; see notes at end of table for explanation of symbols)


      A              B              C              D              E              F        

  Parallel          9.0           12.0            -             24.0            9.0       

     30            17.3           12.0           18.0           19.0            9.0       

      45            19.8           14.0           12.7           19.0           9.0       

     60            21.0           18.0           10.4           19.0            9.0       

     70            21.0           19.0            9.6           19.0            9.0       

     80            20.3           24.0            9.1           19.0            9.0       

     90            19.0           24.0            9.0           19.0            9.0       



b. Vehicular and Pedestrian Circulation

Pedestrian walkways, driveways, and parking areas shall be designed with respect to topography, integration with surrounding streets and pedestrian ways, number of access points to streets, general interior circulation, adequate width of drives, and separation of pedestrian and vehicular traffic so as to reduce hazards to pedestrians and motorists.

c. Stall Layout

Required parking facilities shall be designed so that each motor vehicle may proceed to and from its parking space without requiring the movement of any other vehicle. The Planning Board may waive such requirement for parking facilities under full-time attendant supervision. In no case shall stalls be so located as to require the backing or maneuvering on to the sidewalk or into a public or private way upon entering or leaving the stall.

d. Entrance and Exit Driveway

For facilities containing fewer than five stalls, the minimum width of entrance and exit drives shall be 12 feet for one-way use and 18 feet for two-way use, and the maximum width 20 feet. Single family dwellings shall have a minimum driveway entrance of 12 feet. For facilities containing five or more stalls, such drives shall be a minimum of 12 feet wide for one-way use and 20 feet wide for two-way use. The minimum curb radius shall be 15 feet. The maximum width of such driveways at the street line shall be 24 feet in Residential Districts and 30 feet in all other districts. The Planning Board may modify such width and radius limitations when a greater width would facilitate traffic flow and safety. All such driveways shall be located and designed so as to minimize conflict with traffic on public streets and provide good visibility and sight distances for the clear observation of approaching pedestrian and vehicular traffic. No portion of an entrance or exit driveway at the street line shall be closer than 25 feet from an intersection in a Residential District, or 35 feet from an intersection in any other District. Distance shall be measured from the edge of the driveway to the extension of the nearest street line of the intersecting street. In the case of a state highway, no Building Permit shall be issued until a State Entrance Permit has been issued for the current use.

e. Surfacing, Drainage, and Curbing

Parking areas shall be graded, surfaced with asphalt, concrete, or other suitable non-erosive material, and drained in a manner deemed adequate by the Planning Board to prevent nuisance of erosion or excessive water flow across public ways or abutting properties, and natural drainage courses shall be utilized insofar as possible. Design standards and specifications shall be those of Section VII C of the Rules and Regulations governing the subdivision of land in the Town of Framingham. Stalls shall be clearly marked to indicate the spaces to be occupied by each motor vehicle, in accordance with the dimensions specified in (a) above. Curbing, with the addition of guard rails wherever deemed necessary by the Planning Board, shall be placed at the edges of surfaced areas, except driveways, in order to protect landscaped areas and to prevent the parking of vehicles within required setback areas. Entrance and exit driveways shall be clearly defined by curb cuts, signs, and striping. All curbing installed within the public way of such driveways shall be of granite.

f. Lighting

All artificial lighting shall be arranged and shielded so as to prevent direct glare from the light source onto any public way or any other property. All parking facilities which are used at night shall be lighted as evenly and fully as possible within the maximum wattage limits established by the State Building Code.

g. Compact Car Parking Areas

A parking facility may include some compact car parking spaces having reduced stall dimensions in cases where an applicant presents an acceptable plan to enforce parking regulations within a parking facility. Stall dimensions shall not be reduced below 16 ft. depth and 8 ft. width. Stalls having reduced dimensions shall not be more than 20 per cent of all stalls in a parking facility. Any space thus saved shall be used for landscaped open space in addition to that required by Section IV.B.4.(a).

h. Handicapped Parking

Parking facilities shall provide specially designated parking stalls for the physically handicapped in accordance with the Rules and Regulations of the Architectural Barriers Board of the Commonwealth of Massachusetts Department of Public Safety or any agency superseding such agency. Handicapped stalls shall be clearly identified by a sign stating that such stalls are reserved for physically handicapped persons. Said stalls shall be located in that portion of the parking facility nearest the entrance to the use or structure which the parking facility serves. Adequate access for the handicapped from the parking facility to the structure shall be provided.

4 Landscaped Open Space in Parking Facility

a. General Requirement

In order to separate parking areas from abutting streets, to provide areas for snow disposal, to break up expanses of vehicles and blacktop, and to provide general beautification of parking facilities, at least ten percent of the area of such parking facilities (twelve percent for regional shopping centers) shall be landscaped open space. Such open space shall consist of the part or parts of a lot designed to improve the visual environment and to provide areas for passive outdoor recreation, including the preservation of existing natural site features or the planting or placement of such elements as grass, flowers, shrubs, trees, or permeable ground cover. Such space shall not include lot area used for parking or access drives or any other impermeable paved areas.

b. Perimeter Landscaped Open Space

The required setback from lot lines specified for parking areas in Section IV.B.2.(b) shall consist entirely of landscaped open space.

c. Tree Requirement

At least one tree shall be provided for every ten parking stalls. Such trees shall be at least two inches in trunk diameter at the time of planting. Such trees shall be of a species characterized by moderate growth and shall be located in planting beds of at least six feet in diameter. To the extent possible tree plantings should be located in continuous islands six feet or more in width. In case it can be shown to the satisfaction of the Planning Board that the planting of trees is impractical, the Planning Board may authorize plantings and shrubbery instead of trees.

d. Protection From Damage

In order to preserve landscaped open space from damage by parking cars and snow removal operations, bumper overhang areas shall be provided with permeable ground cover that will not be damaged by bumpers or vehicle drippings and all landscaped open space shall be provided with suitable curbing.

5. Maintenance of Parking Areas

No required parking facility shall be used for servicing, repair, storage, or display of merchandise or vehicles for sale or rental or for any other purpose that interferes with its availability for required parking.

Parking facilities and required screens and landscaping shall be continuously maintained in good condition and appearance. Whenever necessary, surfacing, lighting, barriers, markings, and planting materials shall be repaired or replaced with new materials to insure continued compliance with provisions of this Article. Failure to maintain the same shall be considered a violation of this By-Law and shall be subject to the enforcement procedures contained in Section V herein.

6. Applicability for Parking Structures and Small Facilities

Parking facilities provided in an enclosed structure shall be subject to the provisions of this Section, except for Sections IV.B.2.(c) and IV.B.4. Unenclosed parking facilities beneath a structure shall be subject to the provisions of this Section, except for Sections IV.B.2.(c), and such parking level shall be deemed to be a story when its ceiling is four feet six inches or more above finished grade. Any residential parking facility containing fewer than five stalls shall not be subject to Section IV.B.2(c), IV.B.3(c), and IV.B.4.

7. Special Provisions for Central Business District and Neighborhood Business District

a. Purpose

The purpose of this section is to further the intent of the Central Business (CB) district, which is to preserve the area as the Town's financial, civic, and government center, and to promote general and special retail uses in a compact area, and to further the intent of the Neighborhood Business District (B-1), which is to reinforce the historic development pattern of the Town's traditional commercial centers.

b. Exemption From Required Number of Parking Spaces and Proximity of Parking Facilities to Principal Uses

In the Central Business district and Neighborhood Business District a special permit may be granted to exempt parking facilities from the minimum number of spaces required in Section IV.B.1(a) herein, and from the proximity requirements specified in Section IV.B.2(a) herein. The Planning Board shall be the Special Permit Granting Authority (SPGA) for special permits under this section.

c. Contents of Application

1. An application for a special permit under this section shall include a Parking Plan including all information specified in Section IV.I.5, paragraph 1. herein, regardless of the number of parking spaces proposed to be provided; or, if the proposed development is subject to the Site Plan Review provisions of this By-Law under Section IV.I.2.b. or 2.c, an application for Site Plan Review containing all information specified in Section IV.I.5.

2. Where off-street parking facilities are to be provided upon private premises not owned by the applicant, an application for a special permit under this section shall also include executed instruments establishing to the satisfaction of Town Counsel that the applicant has sufficient legal interest in such premises to assure their permanent availability for off-street parking in connection with the proposed use.

d. Procedure for Special Permit

1. The procedure for application, review, hearing, and decision shall be in accordance with the procedure for all special permits as set forth in this By-Law.

2. The public notice and hearing process required for the special permit application shall be concurrent with the Planning Board's Site Plan Review, if applicable. In the case of a proposed development subject to Site Plan Review, the Planning Board shall hold a combined public hearing for both the special permit and the site plan review application.

e. Conditions for Approval of Special Permit

The SPGA shall not approve an application for a special permit under this section unless it finds that in its judgment all of the following conditions are met:

1. The exemptions requested are consistent with the conditions for all special permits specified in Section V.E.3.(a) of this By-Law.

2. There are adequate parking facilities of reasonable proximity to the premises.

f. Effect of Special Permit

A special permit granted under this section shall constitute the granting of an exemption from the minimum number of spaces requirement, or the proximity requirement, or both; and shall be deemed to be based on a specific plan or application for Site Plan Review, as applicable. Subsequent amendments to the approved plan or Site Plan Approval require amendment of the special permit.

C. Off-Street Loading

1. Applicability

The requirements of this section shall apply to individual users of new and substantially altered structures, provided that when a building existing on the effective date of this By-Law is altered or expanded so as to increase the gross floor area by at least 5,000 square feet, only the additional gross floor area shall be counted toward the off-street loading requirements.

2. Table of Off-Street Loading Regulations


                           First loading facility     One additional loading facility  
Principal Use             required for area shown      required for area shown below   
below                                               

Institutional Uses                                                                     

Dormitory and Hotel or                                                                 
Motel                                                                                  

Recreation and                     10,000                         50,000               
Entertainment Uses                                                                     

Restaurant and Fast                                                                    
Food                                                                                   

Office Uses                        15,000                         50,000               

Retail Services                     5,000                         20,000               

Personal and Consumer                                                                  
Services                                                                               

Vehicular Services                  5,000                         25,000               

Industrial Uses                                                                        

Wholesale and Storage              10,000                         25,000               
Uses                                                                                   



3. Location and Design

Off-street loading facilities shall be located and designed in the following manner:

a. Loading Bays

Each required loading space shall be at least 12 feet wide and 25 feet long, exclusive of drives and maneuvering space, and shall be located entirely on the lot being served. All lighting, surfacing, drainage, and maintenance of loading facilities shall be provided in the same manner as off-street parking facilities, as specified in Section IV.B.3 (e) and (f), and Section IV.B.5. Loading bays shall be enclosed in a structure if located within 50 ft. of a Residential District and if the use served by such bay(s) involves regular night operations, such as a restaurant bakery, hotel, bottling plants, or similar use.

b. Exceptions

The Planning Board may modify the provisions of this section if said Board determines that literal compliance is impracticable due to the nature of the use or the location, dimensions, or grade of the lot.

D. Service Stations And Outdoor Auto Sales

Gasoline service stations and outdoor automobile rental or sale, and storage for rental or sale shall be designed according to the following standards:

1. Location and Width of Driveways

No portion of a driveway at the street line shall be closer than 10 feet from a side lot line or 20 feet from any portion of another driveway on the same lot. The maximum width of driveways at the lot line shall be 30 feet and the minimum width, 20 feet. The minimum curb radius shall be 15 feet.

2. Dimensional Regulations

In the case of outdoor automobile rental or sale, and storage for rental or sale, such outdoor facilities shall be subject to the perimeter landscaping requirements for parking facilities, as specified in Section IV.B.4.

3. Curbing, Surfacing, and Lighting

A raised curb at least 6 inches high shall be constructed along all lot lines abutting a street except at driveway openings. The area of the lot not landscaped or occupied by structures shall be graded, surfaced with asphalt or other suitable material and drained in a manner deemed adequate by the Planning Board to prevent nuisances or erosion or excessive water flows onto any other property or street. All illumination on outdoor areas and sales lots shall be shielded so as to prevent direct glare onto any other property or street.

E. Fur Farms And Kennels

The breeding and raising of fur-bearing animals and dogs and the maintenance of kennels for the boarding of dogs may be permitted in any district by the Board of Appeals, subject to such terms and conditions as the Board of Appeals may impose from time to time.

F. Accessory Uses

Accessory uses shall be such as do not alter the character of the premises on which they are located or impair the neighborhood.

G. Dimensional Regulations

1. General Requirement

No division of land shall be made which results in the creation of any lot having dimensions smaller than the minimum required by this Section for the building or use located thereon within the district in which such lot is located.

2. Table of Dimensional Regulations

Minimum lot area, frontage, lot width, setbacks and open space, and maximum height, lot coverage and floor area shall be as specified in the following table of Dimensional Regulations, subject to the further provisions of this Section:


                                                                Minimum                             
Landscaped                           

Lot Minimum     Minimum       Open Space   Building Maximums     
Setback                                          

Area  Frontag Front+    Side   (% of Gross   Height  Lot     Floor   
e                        Floor                       Area   

District       Principal     (s.f.  (ft.)   (ft.)   (ft.)     area of            Coverag  Ratio   
Building or Use    )                             building)              e             

   Single                                                                                           
 Residence                                                                                          

R-4        One-family or                                                                        
                two-family     43,56   100    30 or     30         -         3/40    15%      -     
                  detached       0             more                                                 
                 dwellings                                                                          

                 Any other     43,56   150    30 or     30         10        3/40    15%      -     
               principal use     0             more                                                 

R-3        One-family or                                                                        
                two-family     20,00   100    30 or     15         -         3/40    25%      -     
                  detached       0             more                                                 
                 dwellings                                                                          

                 Any other     43,56   150    30 or     30         10        3/40    15%      -     
               principal use     0             more                                                 

R-2        One-family or                                                                        
                two-family     12,00    65    30 or     12         -         3/40    30%      -     
                  detached       0             more                                                 
                 dwelling                                                                           

                 Any other     43,56   150    30 or     30         10        3/40    15%      -     
               principal use     0             more                                                 

R-1        One-family or                                                                        
                two-family              65    30 or     10         10        3/40    35%      -     
                  detached     8,000           more                                                 
                 dwelling                                                                           

                 Any other     43,56   150    30 or     30         10        3/40    15%      -     
               principal use     0             more                                                 

  General      One-family or                                                                  -     
 Residence      two-family              65    30 or     10         10        3/40    35%            
G            detached     8,000           more                                                 
                 dwelling                                                                           

                 Any other     43,56   150    30 or     30         10        3/40    15%      -     
               principal use     0             more                                                 

Neighborhood  Any residential  8,000   65     30 or     10         10        3/40    35%      -     
     Bus            use                        more                                                 

B-1          Any other     4,000    -      **       -        5***        3/40    33%      -     
               principal use                                                                        

 Community    Any residential  8,000   65     30 or     10         10        3/40    35%      -     
    Bus             use                        more                                                 

B-2          Any other     8,000   65       25      15         20        3/40     -      .32    
               principal use                                                                        

General Bus   Any residential  8,000   65     30 or     10         10        3/40    35%      -     
                    use                        more                                                 

B-3          Any other     8,000   65       25      15         20        3/40     -      .32    
               principal use                                                                        

General Bus   Any residential  8,000   65     30 or     10         10        3/40    35%      -     
                    use                        more                                                 

B-4          Any other     10,00   65       25      15         20        6/80     -      .32    
               principal use     0                                                                  

  Business          Any        6,000   50       25      15         10        6/80     -     0.5@    
              non-residential                                                                       
                    use                                                                             

B        Any residential  8,000   65     30 or     10         -         3/40    35%      -     
                    use                        more                                                 

  Central           Any          -      -       -       -          -         6/80     -      2.0    
  Business    non-residential                                                                       
                    use                                                                             

CB       Any residential  8,000   65     30 or     10         -         3/40    35%      -     
                    use                        more                                                 

Office/Profe    Residential    8,000   65     30 or     15         10        3/40    35%      -@    
  ssional        structure                     more                                                 

P           Any other     6,000   50     30 or     15         20        3/40    20%      -@    
               principal use                   more                                                 

  Planned      One-family or                                                                        
   Re-use       two-family     20,00   100    30 or     15         -         3/40    25%      -     
PR           detached       0             more                                                 
                 dwellings                                                                          

                Other uses                                                                          
                permissible    43,56   150    30 or     30         10        3/40    25%      -     
               in Single Res.    0             more                                                 
                 Districts                                                                          

   Light            Any        6,000   50       50      15         10        6/80     -      @,*    
Manufacturin  non-residential                                                                       
     g              use                                                                             

M-1       Any residential  8,000   65     30 or     10         -         3/40    35%            
                    use                        more                                                 

  General           Any        6,000   50       50      15         5         6/80     -      @,*    
Manufacturin  non-residential          65     30 or     10         -         3/40    35%            
     g              use        8,000           more                                                 
              Any residential                                                                       
                    use                                                                             

M                                                                                              

Open Space/   Golf course or                                                                        
 Recreation    country club     50     200     100     100        100        3/40    5%       -     
                                ac.                                                                 

OR          Any other       5     200     100     100        100        3/40    10%      -     
               principal use    ac.                                                                 

Geriatric/El   Any Principal    3.5    200      20      15                   3/40            .32    
   derly            Use         ac.                                                                 
G/E#                                                                                             

 Technology    Any Principal   53,56   100      30      15         _         6/80     _       _     
    Park            Use          0                                                                  
TP$                                                                                             



3. Lot Area Regulations

a. Lot Area Requirement

Where a minimum lot area is specified in Section IV.G.2., no principal building or use shall be located on any lot of lesser area, except as may be permitted hereinafter; and no such area shall include any portion of a street.

b. Residential Area Districts

The Single Residence and General Residence Districts are divided into four Area Districts, as follows:

Area District No. 1, 2A and 2B (R-4);

Area District No. 2C, 2D and 2E (R-3);

Area District No. 3 (R-2); and

Area District No. 4 (R-1 and G).

c. Irregularly-Shaped Lots

When the distance between any two points on lot lines is less than 50 feet, measured in a straight line, the smaller portion of the lot which is bounded by such straight line and such lot lines shall be excluded from the computation of the minimum lot area unless the distance along such lot lines between such two points is less than 150 feet.

4. Lot Frontage and Width Regulations

a. Lot Frontage Requirement

Where a minimum lot frontage is specified in Section IV.G.2., no principal building or use shall be located on a lot which fronts a lesser distance on a street, except as may be permitted hereinafter.

b. Lot Width Requirement

Each lot shall have a width such that the center of a circle having a minimum diameter of 80% of the required frontage of the lot can be passed along a continuous line from the sideline of the street along which the frontage of the lot is measured to any point of the building or proposed building on the lot without the circumference intersecting any side lot line.

c. Lot Frontage Exceptions in R-3 and R-4 Districts

A dwelling in a Single Residence District where the minimum lot area is 20,000 square feet or greater may be constructed on a lot having 80% of the minimum lot frontage for the district, provided that the lot width be not less than the minimum lot frontage for the district at the point where the building is nearest to the front lot line.

5. Setback Regulations

a. Front and Side Setback Requirements

Where a minimum depth of setback is specified in Section IV.G.2., no building or structure shall be erected within the specified distance from the applicable lot line, except as permitted hereinafter.

b. Projections into Setbacks

1. Uncovered steps and ramps, and walls and fences no greater than six feet in height above the natural grade, may be permitted in a setback.

2. Unenclosed porches and piazzas which do not project beyond 10 feet from the line of the foundation wall may extend into setbacks.

c. Corner Clearance

In any district where a front setback is required, no building, fence or other structure may be erected and no vegetation may be maintained between a plane two and one-half feet above curb level and a plane seven feet above curb level within that part of the lot bounded by the sidelines of intersecting streets and a straight line joining points on such sidelines 25 feet distant from the point of intersection of such sidelines or extensions thereof.

d. Side Setback Abutting Residential District

Where a side lot line of a lot in a non-residential district abuts a Single Residence or General Residence District, there shall be a minimum side setback requirement for such lot of 20 feet or the minimum side setback requirement for a single family dwelling in the abutting residential district, whichever is greater.

e. Determination of Lot Lines

Where the designation of a front or side lot line for the purpose of determining required yards is unclear because of the particular shape or type of lot, the Building Commissioner shall designate the appropriate front or side lot line.

f. Exception for Existing Alignment

In Single Residence, General Residence and Office and Professional Districts, if the alignment of existing principal buildings on adjacent lots on each side of a lot fronting the same street in the same district is nearer to the street line than the required front setback, the average of the existing alignments of all such buildings within 200 feet of said lot shall be the required front setback.

6. Open Space Regulations

a. Open Space Requirement

Where a minimum percentage of open space is specified in Section IV.G.2., no principal building or use shall be located or substantially altered on any lot in which such space is not provided.

b. Open Space in Front Setback

In any district where a front setback is required, landscaped open space ten feet in depth shall be provided along the entire width of the lot at the front lot line. Said strip may be interrupted by necessary vehicular and walkway entrances and exits.

c. Usable Open Space for One-family and Two-family Dwellings

All one-family and two-family detached dwellings shall have a minimum of 800 square feet of usable open space per bedroom.

7. Building Height and Bulk Regulations

a. Maximum Height Requirement

Where a maximum height of buildings is specified in Section IV.G.2., no building or part of a building shall exceed the specified number of stories and furthermore, no building or part of a building shall exceed the specified feet above average finished grade, except as permitted hereinafter.

b. Exceptions to Maximum Height Requirement

1. The maximum height requirement specified in Section IV.G.2. shall not apply to accessory structures or appurtenances normally built above the roof level and necessary for the operation of the building or use. Such structures shall not be intended for human occupancy, and shall be erected only to serve the purpose for which they are intended. Except for chimneys and penthouses for stairways and mechanical installations, no such accessory structure or appurtenance shall exceed a height of 80 feet from the average grade.

2. Steeples, monuments and towers not used for communication purposes and not intended for occupancy may be erected to a greater height than specified by Section IV.G.2 if a special permit is granted by the Zoning Board of Appeals after a public hearing.

c. Bulk (Lot Coverage and Floor Area) Requirements

For any building or group of buildings on a lot, including accessory buildings, the percentage of the lot covered by such buildings (Lot Coverage) or the ratio of the gross floor area of the building to the area of the lot (Floor Area Ratio) shall not exceed the maximum specified in Section IV.G.2.

d. Interim FAR Limitation in Business, Office and Professional, Light Manufacturing and General Manufacturing Districts.

Notwithstanding any provision of this Zoning By-Law to the contrary, the Floor Area Ratio (FAR) shall not exceed 0.32 in the Business (B), Office and Professional (P), Light Manufacturing (M-1) and General Manufacturing (M) districts until October 21, 1999, except as provided by Special Permit in Section IV.K. Highway Overlay District Regulations

8. Exemptions from Dimensional Regulations

a. Single Lot Exemption for Single and Two-Family Use

A lot for single or two-family residential use shall be exempt from any increase in area, frontage, width, setback (i.e., yard), lot coverage or depth requirements resulting from the adoption or amendment of this By-Law, provided that:

1. The lot was not held in common ownership with any adjoining land at the time of recording or endorsement, whichever occurs sooner;

2. The lot conformed to existing zoning requirements at such time;

3. The lot has at least 5,000 square feet of area and at least 50 feet of frontage; and

4. The lot conforms to the open space and lot coverage requirements and to any other provisions of this By-Law except for lot area, frontage and setback requirements.

b. Common Lot Exemption for Single and Two-Family Use

A lot for single or two-family residential use shall be exempt from any increase in area, frontage, width, setback (i.e., yard), lot coverage or depth requirements resulting from the adoption or amendment of this By-Law for five years from the effective date of such adoption or amendment, provided that:

1. The plan for such lot was recorded or endorsed as of January 1, 1976;

2. The lot was held in common ownership with any adjoining land as of January 1, 1976;

3. The lot conformed to the existing zoning requirements as of January 1, 1976;

4. The lot has at least 7,500 square feet of area and at least 75 feet of frontage.

This exemption shall not apply to more than three such adjoining lots held in common ownership.

9. Dimensional Regulations for Educational and Institutional Uses

a. General Requirement

Educational and institutional uses listed in Section III.A.1.e. and located in a residential district shall be subject to the dimensional regulations specified by Section IV.G.2. for buildings other than a one-family or two-family detached dwelling.

b. Exception for Family Day Care Homes

Family day care homes, as listed in Section III.A.1.d., must comply with the dimensional regulations of Section IV.G.2. for a one-family detached dwelling in the district within which the facility is located.

c. Special Requirements for Large Facilities

Facilities listed under Section III.A.1.i. shall be subject to the dimensional regulations of said section in lieu of the requirements of Section IV.G.2.

10. Dimensional Regulations for Geriatric Care/Elderly Housing District Uses

a. Special Setback Requirements

Buildings on adjoining lots within the Geriatric Care/Elderly Housing District must meet the setback requirements specified by Section IV.G.2. for the district, but may be integrated with walkways and breezeways which interconnect buildings and provide pedestrian connections. Further, a minimum setback from the Geriatric Care/Elderly Housing District Boundary Line shall be as follows: 70 foot setback for a one-story or two-story building within the District, and 100 feet setback if building exceeds 2 stories, but a 50 foot setback from an Open Space District Boundary Line, regardless of height.

b. Floor Area Ratio Calculation Exemptions

Floor area ratio calculations within a Geriatric Care/Elderly Housing District shall not include the gross floor area of garages, attics, and basements of Independent Living Housing units which are not designed to be used or occupied as living areas.

c. Open Space Requirements in the District

Minimum Landscaped Open Space shall be 30 percent of the total Lot Area.

H. Supplemental Regulations

1. Trailers

a. No automotive type of trailer, whether mobile or immobile, hereafter put in place upon any land within the Town of Framingham, shall be occupied for living purposes or business purposes for a period exceeding 30 days in the aggregate in any one year, except as may be permitted hereinafter.

b. The Zoning Board of Appeals, in its discretion, may permit such use on a temporary basis for a longer period, after formal application to said Board and after a duly advertised public hearing.

c. Temporary on-site trailers used for construction purposes shall be exempt from the provisions of this Section, but shall be subject to Section 314 of the State Building Code.


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