Sharon Update
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11-09-2005Fall Town Meeting 2005 - Article 8 Mixed Use Overlay District Bylaw BOARD OF HEALTH proposed changes to the existing MUOD bylaw, Town Meeting, November 14, 2005 Existing Bylaw as of November 9, 2005 4800. MIXED USE OVERLAY DISTRICT (MUOD) 4801. Purpose. a. To promote mixed use development in accordance with the principles of “smart growth,” which increases the availability of affordable housing, provides housing alternatives to meet local needs, promotes walkable neighborhoods, takes advantage of compact design, fosters distinctive and attractive village settings, preserves critical environmental assets, including drinking water supply quality and quantity, surface and groundwater quality and quantity, wetlands preservation and air quality, and supports economic revitalization in the Town Center and other commercial, transit-oriented locations.
b. To provide additional planning flexibility
for projects located in the Town Center and other commercial locations in Town
with regard to density and site design, while remaining consistent with the
Town’s Design Guidelines and c. To permit the use of new development standards which will promote the desired changes in the Town Center and other commercial, transit-oriented locations. 4805. Application The MUOD is hereby designated as including the Business A, Business B, and Business C districts, except those portions of the aforesaid Business districts which are within the Surface or Groundwater Protection Districts. The MUOD shall not restrict owners’ rights relative to the underlying zoning district. However, if an owner elects to use the MUOD for development purposes, all development shall conform to the regulations set forth in this section, as well as all other relevant provisions of the Sharon Zoning and General By-Laws. 4810. Uses Retail and business uses currently permitted in the Business A, Business B, and Business C districts, and residential apartments in the upper floors of structures, shall be permitted in the MUOD. Authorization for any uses within an MUOD development which would require a special permit under underlying zoning, shall be obtained through the Planning Board. Residential apartments on the first floor of a structure which does not front on a public way shall be permitted only at the discretion of the Planning Board. 4815. Density The minimum density for MUOD developments shall be twenty (20) units per acre provided the development has access to or creates a shared system and treatment works as defined by 310 CMR 15.00. In the absence of a shared system and treatment works, the minimum density may be waived, subject to the special permit. The maximum number of units shall be limited by the more restrictive of the following factors: the number of full-sized parking spaces which could be provided and/or full compliance with the Board of Health and Zoning wastewater management regulations, or Conservation Commission wetlands regulations. 4820. Wastewater
A plan for the treatment of wastewater from a
proposed development in the MUOD must be 4825. Height All new construction in the MUOD shall neither exceed four (4) stories nor a building height of forty-five (45’) feet. Accessories and architectural features extending above the roofline may not exceed a height of fifty (50’) feet. 4830. Off Street Parking Regulations 1. A minimum of one space per residential unit shall be provided, in addition to parking required for retail and business uses pursuant to Section 3111. With the approval of the Planning Board, up to twenty-five (25%) percent of the total number of residential parking spaces for a development located within a one-half (1/2) mile of the train station may be used to meet the required parking for retail and business uses, and up to fifty (50%) percent of the total number of residential parking spaces for a development located more than one-half (1/2) mile from the train station may be used to meet the required parking for retail and business uses, where it can be demonstrated that the hours of operation for retail and business uses at the development will be during daytime hours only. 2. In order to provide for better site design, up to twenty-five (25%) percent of the total number of parking spaces may, at the discretion of the Planning Board, be allocated for compact cars with dimensions of eight (8’) feet by eighteen (18’) feet. Such spaces shall be clearly designated for compact cars only. Compact spaces cannot be applied in calculating the density of residential units, but they may be used to meet minimum open space requirements and provide for between site design and stormwater drainage. 3. Off-site parking, as allowed under Section 3112 of the Zoning By-Laws, may not be counted toward the requirements for residential units, but may be counted toward non-residential parking requirements. Street parking, as with other publicly owned parking spaces within four hundred (400’) feet of the site, may be counted toward the non-residential parking requirements. 4. Multi-level parking may be allowed not to exceed two (2) levels if determined by the Planning Board to be appropriate. Such parking may be shared with others off-site provided it is within four hundred (400’) feet of the site and the Planning Board is provided with acceptable written proof. 4835. Minimum Lot Dimensions. The minimum lot dimensions for all MUOD developments shall be as set forth below: Minimum lot size: eight thousand (8,000) square feet Minimum lot frontage: fifty (50’) feet Minimum lot width: fifty (50’) feet Minimum front setbacks: zero (0’) feet Minimum side and rear setbacks: ten (10’) feet All individual/separate lots in the proposed MUOD development if under contiguous ownership shall be considered as one (1) lot for the purposes of this By-Law. 4840. Open Space The open space requirement for a development in the MUOD may be reduced to a minimum of fifteen (15%) percent of the lot area if the development proposal includes the use of planting areas, porous paving surfaces, and other techniques to ensure adequate drainage and filtering of stormwater. 4845. Affordability A minimum of twenty (20%) percent of housing units in a development in the MUOD must be affordable to households earning up to eighty (80%) percent of median income, or as affordable housing may be otherwise defined from time to time by the United States Department of Housing and Urban Development. The affordability of such units shall be assured in perpetuity through the use of an affordable housing restriction. 4850. Site Plan Review a. All projects developed using the MUOD shall be subject to the Site Plan Review procedures of the Planning Board as provided in Section 6330, as well as the Town’s Stormwater Discharges Generated by Construction Activity General By-Law. Projects undergoing extended design review shall be required to submit to the Planning Board the basic site plan contents and may be required to provide a study model at a appropriate scale and coverage as determined by the Planning Board. b. The elements highlighted in the Design Guidelines as enumerated in Site Plan Review, including pathways connecting to adjacent sidewalks, parking areas, sitting areas, a plan for storage areas, lighting, shade trees and other landscaping, shall be provided for review by the Planning board. Developers are encouraged to meet with the Downtown Revitalization Committee to discuss their projects with respect to the Design Guidelines. 4855. Approval The Planning Board shall be the special permit granting authority for MUOD developments, as well as the authority for site plan review. Authorization for any uses within an MUOD development which would require a special permit under underlying zoning shall also be obtained through the Planning Board. This section does not supercede the authority of the Conservation Commission or Board of Health over matters within their jurisdiction. |
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