§ 135-613. Village Zoning Overlay District., Article VI. Permitted Uses in Districts, Chapter 135. Zoning Ordinances, Zoning Ordinances, Code of Ordinances, Braintree

Definition. The Village Zoning Overlay District is a set of requirements which are superimposed on selected portions of the existing General Business Zoning District centered around the intersections of Pearl Street and Hancock Street and Washington Street in South Braintree Square and Elm Street and Washington Street in Braintree Square (as referenced on the Braintree Zoning Map).

Purpose.

	The purpose of the Village Zoning Overlay District is to regulate the quality and scale of future development in selected areas of the General Business District in order to maintain and/or create a harmonious and consistent image for the development along Washington Street and adjacent streets.
	The regulation specifically preserves the predominant scale and character of the existing development by allowing site dimensions tailored for the Village Zoning Overlay District.
	The regulation specifically provides a set of development standards which promote a collective identity and encourage visual harmony.

Applicability.

	As SPGA, the Planning Board may grant a special permit for nonresidential construction in the Village Zoning District Overlay area. The provisions of the Village Zoning Overlay District shall apply in addition to the standard application requirement of special permits of the Braintree Zoning Bylaw.
	A special permit granted under this section shall apply in accordance with MGL c. 40A, § 9 and Article V, § 135-502 of the Braintree Zoning Bylaw (site plan review), and to any rules and regulations which the SPGA shall from time to time adopt for the purpose of carrying out its requirements under this section.
	Provisions of the Braintree Zoning Bylaw and the following criteria shall apply to development within the Village Zoning District Overlay District. Where conflict exists between this section and other sections of the Braintree Zoning Bylaw, the Village Zoning Overlay District criteria shall supersede.

Permitted uses. Except as herein provided, all uses allowed, regulated, or prohibited in the underlying General Business Zoning District shall be allowed, regulated, or prohibited in the Village Zoning Overlay District.

Prohibited uses. No single use business structure of 10,000 square feet or more shall be allowed.

Dimensional requirements.

(1)

General Business District requirements.

(2)

Under this section, the SPGA may waive strict compliance with dimensions as established in § 135-701 of the Braintree Bylaw. If SPGA waives compliance with § 135-701, then the SPGA shall determine dimensions within the range established below during the public hearing process.

		GB
	Minimum lot size	5,000 to 15,000
	Lot width	25 to 50
	Minimum frontage	25 to 50
	Minimum depth	60 to 85
	Maximum setback	15
	Front yard	0 to 10
	Side yard	0 to 10
	Rear yard	20
	Maximum height	45/50*
	Maximum stories	3
	Maximum building coverage	80%
	Maximum lot coverage	90%
	Minimum open space	10%

	* In business districts, the height limitation is 50 feet for habitable buildings and 45 feet for nonhabitable buildings.
	GB = General Business

(3)

No building shall be located more than 15 feet from the front property line.

(4)

Front yard setbacks may be zero to 10 feet (General Business) if the proposed structure is located in such away that it could form a consistent building line or street wall line* in relation to directly abutting properties within the Village Zoning Overlay District.

(5)

If a structure is located in such a way that it could form a street wall in the Village Zoning Overlay District, then the lot line adjoining other street wall properties may be zero. This provision may apply in all cases except for structures located adjacent to public open space or driveways.

* "Street wall line" defined: The main wall of a structure or set of structures that is closest to and most nearly parallel with an adjacent street.

Submission requirements. Submission requirement shall be the same as required under Article V, Article VIII, and Article XIV of the Braintree Zoning Bylaw.

Criteria for the Village Zoning Overlay District.

(1)

Parking regulation. (See § 135-815.)

(2)

Sign regulation. (See § 135-904.6, Sign Regulations.)

(3)

General provisions.

(a)

Buildings within the General Business District shall provide pedestrian entrances that open to the front sidewalk and may provide other entrances to the side or rear.

(b)

For all nonresidential and noninstitutional uses, a minimum of 60% of the first floor level frontage shall be transparent. Additionally, building facades must contain street level windows and main entrances from the sidewalk. The street side facade of a building shall not consist of an unarticulated blank wall or an unbroken series of garage doors.

(c)

Applicants who wish to build a structure or rehabilitate an existing structure shall select materials and textures which are compatible with and complementary to neighboring buildings. For this reason, the SPGA shall reserve the right to require an elevation view illustration of the proposed improvement.

(d)

New curb cuts on existing public ways shall be minimized. To the extent feasible, access to businesses shall be provided via one of the following methods:

[1]

Through a common driveway serving adjacent lots of premises; or

[2]

Through an existing side or rear street.

(e)

Refuse containers, heating-ventilation-air conditioning, transformers, lift stations, utility meters, shall be located on the side or at the rear of the principal structure. The record plan or landscaping plan shall include provisions for these items. Screening, to the extent possible, shall be accomplished through:

[1]

Landscaping; and

[2]

Materials integrating the design, material type, and colors of the existing building with the screening structure.

If roof-mounted mechanical equipment is used, such equipment shall be screened from public view on all sides.

(f)

Access to buildings through rear entrances from parking lots is encouraged. The rear facade shall receive appropriate design treatment.

(g)

Buffering elements in the form of plantings, walls, fences, screens, and other designed or natural features that provide a logical transition to adjoining existing or permitted uses shall be provided by the applicant.

(h)

In order to maintain consistency in front setbacks, rhythm, and scale, the SPGA shall reserve the right to require revised plans for building setback, spacing, and building width.