City of Marlborough, MA - ARTICLE VII: Dimensional, Landscaping, and Parking Regulations

A. No building or other structure nor any land be used , nor shall any building or structure be erected , except in conformity with the provisions of this chapter and any amendments thereof which apply to the district in which the building , structure or premises shall be located.

B. No three family dwelling , multi-family dwelling, two family dwelling having two (2) or more lodgers in addition to the family units contained therein nor boardinghouse having facilities for four (4) or more lodgers located in a district in which the building is otherwise permitted or exceeding two and one half stories (2.5) stories in height shall be erected or created through conversion or otherwise, unless a special permit is granted in each case by the City Council after a public hearing, except as may otherwise be specifically provided in this Chapter.

(1) The lot has frontage abutting a public or private way, or on a way shown on a plan previously approved under the Subdivision Control Law or on a way which existed when the Subdivision Control Law became effective and which, in the opinion of the Planning Board, has sufficient width, suitable grades and adequate construction to provide for vehicular traffic and for the installation of municipal services.

(3) No building in any district need be located or placed further from the exterior line of any street or public way than the average distance from such street or way line of the dwellings or other principal buildings located on the lots adjacent thereto on either side. In determining such average, a vacant side lot having a frontage of fifty (50) feet or more shall be considered as though occupied by a building having the required setback, and a lot separated from the lot in question only by a vacant lot having a frontage of less than fifty (50) feet shall be deemed an adjacent lot.

(4) The front, side and rear yard provisions hereof may be varied by the Board of Appeals in the specific case of an irregular, narrow or shallow lot or a lot unusual either in shape or topography, provided that in the opinion of the Board it is impossible or extremely difficult to adhere to such provisions.

(5) Nothing herein shall prevent the projection of cornices or eaves not exceeding eighteen (18) inches in width or of uncovered steps, unroofed porches or window sills into a required yard or other open space.

(6) In all districts, except within the flight path of commercial or governmental airports, farm buildings, churches, municipal or institutional buildings and spires, domes, steeples, radio towers, chimneys, broadcasting and television antennae, bulkheads, cooling towers, ventilators and other appurtenances usually carried above the roof may have any height.

(7) Every building shall have frontage on a way, public or private, or a clear unobstructed passageway at least twenty (20) feet wide for its entire length over the lot on which it is located, to said way. If a building is located in the rear of another building located on the same lot, the open space between such buildings shall be at least fifty (50%) percent greater than the rear yard requirement for the district. The rear building shall be subject to side and rear yard requirements of the district in which it is located. For purposes of this Subsection 7, separate buildings within a Shopping Mall or Retail Lot shall be treated as a single building..

(8) In all districts in which multifamily dwellings are allowed, there shall be provided with each apartment building a landscaped area equal to the greatest single floor area of the building.

(9) Land used for outdoor storage for commercial purposes shall be screened from streets abutting the property and for adjacent properties by a solid fence of sufficient height to obscure materials stored therein. Affected parties shall be given six (6) months from date of adoption of this Chapter to comply.

(10) Bridges, walkways or passageways, enclosed or otherwise, connecting buildings located on a Large Tract Development Lot shall not negate the existence of each such building as a separate building, and each building so connected shall be deemed to be a separate building for all purposes of this Zoning Ordinance.

⁶ For the purpose of measuring setback distances for the corresponding height restrictions, an owner of LI or I zoned land may count abutting residentially zoned land toward the setback requirement if such land is owned by the same owner. Ownership of the residential land and the LI or I land must continue to be held by the same entity.

⁸No part of any principal building shall be within twenty-five (25) feet of any exterior lot line nor shall any part of any building be closer to any exterior lot line than the minimum side yard requirement which would have been applicable in the zoning district in which the land in question was located before it was rezoned into a Retirement Community Residence District. A building may be as close as twenty-five (25) feet to the front yard line of the exterior lot; provided, however, that no said building shall be less than fifty (50) feet from the side line of a public way.

⁹Excluding from lot size any land which, prior to development of the site as a Retirement Community, would be defined as a resource area as that term is defined in MGL Chapter 131 Section 40.

¹⁰Buildings on a Large Tract Development Lot which are more than twelve hundred (1,200) feet from a Residential Zone may be built to a maximum height of eighty-five (85) feet.

For the purposes of this Chapter, all principal buildings may be built on any lot located in a district in which the building is permitted, provided that the lot complies with the requirements included in the Table of Lot Area, Yards and Height of Structures, except where specifically provided otherwise by this Chapter, and further provided that:

(c) Single- or two-family dwellings. In all districts in which single- or two-family dwellings are allowed, only one (1) principal building containing said one- or two-family dwelling shall be permitted on any one (1) lot, no matter what the lot area, unless said lot is located in a district where more than one (1) of said principal buildings is specifically permitted by other provisions of this Chapter.

(d) Area within street not included. In determining lot area, no part thereof within the street lines or within a private road or right-of-way for travel by motor vehicles to another lot shall be included. Street lines shall determine lot boundaries.

side equal in length to the required frontage and situated parallel to the mean direction of the front lot line and the other side equal to three-fourths (3/4) of the required frontage. Where the front lot line is curved, the mean direction of the front lot line shall be the line established by connecting the intersection points of the side property lines with the street line. Said rectangle shall touch the front lot line, but no part of said rectangle shall intersect any lot line.

C. No lot on which a building is located in any district shall be reduced or changed in size or shape so that the building or lot fails to comply with the lot area, frontage, setback, yard or height provisions of this Chapter, applicable to the construction of the building on the lot. This provision shall not apply, however, when a portion of a lot is taken or conveyed for a public purpose.

E. Any lot or lots of land described in a deed and officially recorded with the Registry of Deeds, or included in a subdivision approved in writing, in accord with the Subdivision Regulations of the Planning Board of Marlborough, by said Board at the time of the adoption of this Chapter, may be used for any permitted use in the district in which the lot or lots are located, provided that:

(2) Any lot on which more than one (1) house existed at the time of the adoption of this Chapter may be divided and sold to separate owners and used with a minimum of nonconformance.

Chapter shall not apply to a lot to be used for dwellings with one (1) and two (2) dwelling units, which, at the time of recording or endorsement, whichever occurs sooner, was not held in common ownership with any adjoining land, conformed to then existing requirements and had less than the proposed requirement but at least five thousand (5,000) square feet of area and fifty (50) feet of frontage. The provisions of this Subsection shall not be construed to prohibit a lot being built upon if, at the time of the building, building upon such a lot is not prohibited by this Chapter.

G. In the application of the requirements of this Chapter, including, without limitation, those set forth in Section 200-42, Section 200-43, Section 200-45, Section 200-47 and Section 200-48, the same shall not be applied to the individual lots comprising a developing lot or a retail lot, but shall be applied as if the development lot or a retail lot were the lot notwithstanding the fact that the individual lots within the development lot or a retail lot may be in different ownership.

Structures in all zones together with all parking and driveways shall conform to the maximum lot coverage provision indicated in Table of Lot Area, Yards and Height of Structures. Within a Limited Industrial District, maximum lot coverage for development of a shopping mall on a development lot may be increased to eight-five (85) percent when approved by the City Council, as provided in Section 200-59, in writing, provided the City Council finds that in connection with such development, infrastructure improvements are to be made by the applicant that will benefit not only the development but other property within the City.

Maximum lot coverage for development of retail stores, shops, restaurants or service establishment uses, excluding automotive service establishments (such as gasoline filling stations and places for the repair and service of motor vehicles), on a Retail Lot may be increased to eighty-five (85%) percent when approved by the City Council, as provided in Article VIII Chapter 200-59, in writing, provided the City Council finds that in connection with such development, infrastructure and/or open space improvements are to be made by the applicant that will benefit not only the development but other property within the City.

A. Underground Utility Lines. All electric, telephone, cable television and other utility lines shall be installed underground, subject to the approval of the City Engineer. This requirement shall apply to all new structures and all additions and major renovations to existing structures requiring Site Plan Approval.

family dwellings shall be provided with an area or areas suitable for storage of refuse and like matter, in compliance with regulations of the Board of Health, screened as required in this Chapter, located away from living quarters and within the setback requirements for accessory buildings. Said refuse or like matter shall be removed and disposed of periodically and as required to prevent accumulations and to further ensure the health and safety of the tenants of such building or buildings or of abutters and to protect the property values of abutting property.

shall be attached the number of each building, issued by the City Engineer at the time of Site Plan Approval, in letters or numbers a minimum of four (4) inches high, in at least one (1) location clearly visible from the street and in any event at the front entrance of all buildings and the rear entrance of multifamily and nonresidential buildings.

B. A detached accessory structure of one (1) story shall not be closer to the principal structure than ten (10) feet. A detached accessory structure of two (2) stories or more shall not be closer to the principal structure than fifteen (15) feet.

F. In a residential conference and training center, each dwelling unit which includes one (1) bedroom and a portion of related common residential space to be occupied by no more than two (2) persons shall have a minimum of two hundred (200) square feet of floor area.

(2) To separate different and otherwise incompatible adjacent land uses from each other in order to partially or completely reduce potential nuisances such as dirt, dust, litter, noise, glare from motor vehicle headlights, the intrusion from artificial light, including the ambient glow therefrom, signs or the view of unsightly buildings and parking lots.

(5) To offer property owners protection against possible diminution of property values due to adjacent commercial construction, or a change in existing ostensibly incompatible land uses.

(1) When the building or site undergoes a change of use or is enlarged by more than ten (10) percent of the floor or ground areas of use or when any new principal building is built on the site or when any new building, addition, alteration or change of use requires a parking increase of five (5) or more spaces.

(2) Compliance with all provisions of this Section, to the maximum extent practicable as determined at Site Plan Approval, shall be a requirement for approval of any site plan or off-street parking plan or issuance of any building permit, occupancy permit or Special Permit.

(3) An application for a Special Permit for a use, structure or activity that does not comply with the provisions of this Section shall not be granted until compliance to the maximum extent practicable is demonstrated.

(1) A landscaping plan demonstrating compliance with the standards contained in this Section for landscaping, planting areas and screening shall accompany each application for Site Plan Approval and Building Permit. The plan shall be drawn to scale and may be part of a Site Plan Application. A landscaping plan shall not be required for a single- or two-family dwelling.

(2) The landscaping plan for any lot used or zoned for multifamily or nonresidential use shall be certified by a landscape architect registered in the Commonwealth of Massachusetts.

(a) A layout plan showing existing and proposed grades, the proposed landscaped area and planting areas, the existing plant materials to be retained, the proposed plant materials to be provided and the location, size and type of such plant materials and of any non-plant materials to be retained or provided.

(1) Planting Areas and Lot Coverage. Planting areas on a lot shall be considered a part of the total landscaped area on a lot required by the maximum lot coverage provisions of Section 200-43. Any landscaped area required by the lot coverage provisions and located outside of a planting area required by this Section shall meet the requirements of Subsection D(3), Ground Surface Materials, but need not meet the requirements of Subsections D(4) or (5) for planting type and size and planting quantity and spacing.

(2) Location. The planting area required by this Section shall be located entirely within the lot. Additional planting area may be provided outside the lot, but shall not be credited to the area required within the lot.

(a) Paving. The planting area shall not be paved over with asphalt, concrete or similar material, or covered with gravel, except for access drives and walks located essentially perpendicular to the area. No structure, parking area or paved play area may be located in a required landscape area.

(b) Plant Materials. The planting area shall have a ground surface cover of live plant material, such as lawn grass or live ground cover, over at least four (4) inches of topsoil, except that bark mulch may be used in place of live ground cover, and except for non-plant materials solely as provided for hereinafter under Subsection D(3)(d).

(d) Non-plant Materials. Non-plant ground surface material, such as brick, decorative stones or other similar material (but not gravel, concrete or asphalt paving), may be used in place of live plant material or bark mulch, provided that the non-plant material covers no more than thirty (30) percent of any planting area required by this Section and has shrubs and trees distributed over its surface as required below under Subsection D(5).

(4) Planting Type and Size. Required plantings shall include both trees and a mix of deciduous and evergreen shrubs to maintain effectiveness throughout the winter, and preferably will include vegetation existing on the site. To be credited towards meeting these requirements, trees must be at least two (2) inches caliper, four (4) feet above grade at the time of planting, be of a species common in the area and which reach an ultimate height of at least twenty (20) feet when mature. Shrubs must be at least twelve (12) inches in height at the time of building occupancy and be of a species common in the area. Live ground cover, lawn grass or hedgerows may be substituted for shrubs as provided under Subsection D(5) below.

(a) Plantings shall consist of at least one (1) shrub per five (5) linear feet, or thirty-five (35) square feet of ground area, whichever results in a greater number of shrubs and at least one (1) tree per forty (40) linear feet of planting area length, except one (1) tree per thirty (30) linear feet of street frontage planting area abutting Routes 20 and 85.

(b) Planting Layout. Plantings may be grouped, not evenly spaced, but groups of shrubs shall be spaced no further apart than ten (10) linear feet and groups of trees no further apart than fifty (50) feet.

(c) Substitution of Shrubs with Lawn Grass or Ground Cover. Shrubs required by this Section may be substituted with live ground cover or lawn grass, but not bark mulch or non-plant ground surface material, under the following conditions. To be credited for substitution:

(v) The lawn grass or live ground cover must be properly maintained in presentable appearance. Additional areas of live ground cover or lawn grass may be provided in planting areas, but cannot be used in substitution of the required number of shrubs or trees.

(d) Substitution of Shrubs with Hedgerow. Shrubs required by this Section may be substituted in full by a continuous hedgerow not less than two (2) feet high when planted and attaining a height of at least three (3) feet within three (3) years. Such substitution may be made in any planting area, provided that live ground cover or lawn grass is planted in the remainder of the planting area along with the hedgerow. Trees may not be substituted with hedgerows.

(6) Existing Vegetation. Wherever possible, the above requirements shall be met by retention of existing plants, including as follows: If located within the street frontage planting area required by this Section, no existing tree of six (6) inches in caliper or greater [measured four (4) feet above grade], dense hedgerow of four (4) or more feet in both depth and height or existing earth berm providing similar visual screening shall be removed or have grade changed more than one (1) foot, unless required by plant health or access safety.

(7) Curb Protection of Landscaping from Vehicles. Except for single- and two-family dwellings, wherever landscaping areas are adjacent to parking areas or driveways, the landscaped areas shall be suitably protected by raised curbing to avoid damage to the plant materials by vehicles and by snowplows and to define the edge of the landscaped area. The edge of the landscaped area shall also be defined by tall stakes during winter season. Curb specifications for parking areas and driveways are included in Section 200-49.

(8) Walls or Fences. Walls or fences may not be substituted for plant materials to reduce the required planting area. A wall or fence may be added where a mass of plant materials would not provide an adequate screen, in which case planting shall be provided along the side of the wall or fence.

(a) A continuous landscaped strip shall be provided adjacent to the right-of-way line of any street (existing, proposed, paper, public or private) or highway, except for driveways or walkways located essentially perpendicular to the street frontage. This landscaped strip shall have a minimum width as prescribed below, provided that said minimum width shall be increased if required by provisions of Subsection E(1)(b) following, and also provided that if the front yard (building setback) as built, not as required, is less than the width of the landscaped strip, then the landscaped strip may be reduced to not less than the depth of the front yard. Said minimum width shall be as follows:

(b) In nonresidential districts, or where nonresidential uses or multifamily housing exists in a residential district, the street frontage landscaped strip shall have a greater width than the requirements of the above subsection by providing, where applicable, an additional one (1) foot of width for each twenty (20) feet or fraction thereof of street frontage over one hundred (100) feet in length. The maximum required width for said street frontage landscaped strip shall be twenty-five (25) feet.

(3) Planting in Right-of-Way. The landscaped strip adjacent to the right-of-way required by this Section must be located within the affected parcel, and state or city property within the right-of-way may not be used to meet the requirements of this Section. However, wherever possible, the extension of grass or ground cover into said right-of-way is encouraged, but must be approved on the landscaping plan and maintained by the owner of the affected parcel.

(a) For other than residential uses in all districts, the street frontage planting area shall be planted with trees and shrubs according to Subsection D, Planting Area Requirements, entirely within the frontage planting strip next to the right-of-way.

(b) For residential uses in all districts, the required plantings shall consist of one (1) shrub per five (5) linear feet and one (1) tree per thirty (30) linear feet of frontage. Said plantings shall be located anywhere within the front yard.

(c) For one- and two-family dwellings, the plantings may be installed within one (1) year of the issuance of the Certificate of Occupancy, provided that the dwelling is not built for profit or for the use and occupancy of the builder or developer. (See Subsection M, Inspection, Date of Completion and Enforcement.)

[3] Extends into a residential district and said premises are being developed for a use not allowed in that residential district, unless abutting property is unbuildable because of wetlands as determined by the Conservation Commission.

(b) Residential parcels: On any residentially zoned parcel to be used for residential purposes, along the full length of any boundary which abuts non residential zoned or used premises which are already developed in whole or part and do not contain said boundary planting.

(2) Width. The width of the district boundary planting area, located adjacent to the boundary, shall be sufficient to act as a buffer or transition between uses. Said width shall be determined at Site Plan Approval but shall not be less than the widths prescribed in the table below:

*For lots over one hundred twenty thousand (120,000) square feet in area, the minimum width shall be as provided in the table above, plus an additional one (1) foot of width for each ten (10) feet or fraction thereof of district boundary over one hundred (100) feet in length. The maximum required width for said district boundary planting area shall be twenty-five (25) feet unless it is determined by the Planning Director at Site Plan Approval that a greater width is required.

(3) Planting. Said planting area shall be densely planted with shrubs and trees at least four (4) feet high when planted and of a type expected to form a year-round dense screen or wall at least six (6) feet high, within three (3) years, or by an opaque fence or wall at least six (6) feet high supplemented by landscaping on the residential side of the fence.

(4) Topographic Features. If the abutting parcel is presently visually separated by topographic features, the planting area shall be provided with the required width, but the plantings need not be installed until and unless said topographic features are removed.

(1) Perimeter of Parking Lot. On at least three (3) sides of the perimeter of an outdoor parking lot containing ten (10) or more parking spaces, there shall be a planting area or strip with a minimum width equal to the width required for side line planting areas under Subsection F above, except that where the perimeter is along the street frontage or district boundary, the planting areas shall have the larger dimensions required by this Section. The plantings in the perimeter area shall be according to Subsection D, Planting Area Requirements.

(a) A minimum of three (3) percent of the interior area of a parking lot containing a total of fifty (50) or more spaces must be planted as landscaped islands or areas exclusive of perimeter landscaping. The interior area of the lot shall be computed as the paved area excluding all parking spaces abutting the perimeter of the parking lot.

(b) Planting on Landscaped Islands. Planting islands or areas on the interior of a parking lot shall each contain not less than one hundred (100) square feet of unpaved soil area, and have a minimum dimension of seven (7) feet. Each island shall be planted with at least one (1) tree and four (4) shrubs. A minimum of one (1) tree and four (4) shrubs, exclusive of perimeter plantings, must be planted for every twelve (12) cars in the interior area of the parking lot.

(c) Location of Landscaped Islands. The landscaped islands shall be contained within or project into a parking lot, and be so located that some part of every parking space is not more than forty-five (45) feet from a landscaped area on the perimeter or interior of the parking lot. See the Landscaping and Screening Diagram at the end of this Chapter for alternative layouts.

(d) Protection of Landscaped Islands. Each such landscaped island shall be surrounded by curbs at least six (6) inches high for protection from vehicles, and the area may be used to locate fire hydrants.

(3) Site Plan Approval. The above requirements shall be complied with to the extent practicable. Grouping of landscaped islands into larger landscaped areas may be allowed if the result meets the intent of this Section as interpreted by the City Planner at Site Plan Approval.

(4) Within a Limited Industrial District, the requirements of Subsection H(2) may be suspended for the development of a shopping mall or a retail lot when approved by the City Council, as provided in Article VIII, 200-59, in writing, provided that the City Council finds that at the perimeter of the development lot or a retail lot, the strip required under subsection H(1) is increased by a minimum of one hundred twenty-five (125) percent of the area that would be devoted to the islands under subsection H(2) if the requirements of subsection H(2) were applicable to the development lot or a retail lot.

I. Screening of Parking Lots from Residential Uses. In all residential districts, or on a lot used for residential purposes, the following provisions shall apply: Any outdoor parking lot containing five (5) or more parking spaces, all loading bays, maneuvering aisles and driveways, shall be screened in a manner to protect abutting residential lots from the glare of headlights, noise and other nuisance factors, by the following screening:

(1) A planting area not less than seven (7) feet wide, adjacent to the parking lot, densely planted with shrubs and trees at least four (4) feet high when planted and of a type expected to form a year-round dense screen at least six (6) feet high within three (3) years; or

(2) A fence or wall of uniform appearance at least six (6) feet high above the parking lot surface. Such wall or fence may be supplemented by planting, and shall be located at least seven (7) feet away from any parking or loading space to allow for vehicle overhang or snow clearance. Such wall or fence may be opaque or perforated, provided that no more than fifty (50) percent of the fence face is open. If snow drifts are likely, the fence shall be designed accordingly.

(a) All outdoor storage areas for nonresidential uses in all districts, all loading areas for nonresidential uses located in a residential districts and all facilities for refuse disposal for all uses in all districts, except one- and two-family houses, shall be screened from view at normal eye level from any residential living unit, public or private street, common parking lot or adjoining lot residentially used or zoned, to the extent practicable. Refuse storage areas shall be located no closer to the property line than the applicable setback requirements for accessory buildings.

(b) Screening shall consist of a solid wall or fence compatible with surrounding architecture and materials, of a height sufficient to completely screen the area at the time of installation, but not less than six (6) feet high. The fence or wall may be supplemented but not replaced by plantings.

(2) Mechanical Equipment. Wherever possible, in all districts, on nonresidential properties, all air-conditioning equipment, transformers, elevator equipment or similar mechanical equipment on any roof or building or on the ground shall be screened from public view, to the maximum extent practicable.

(3) Transfer, Equipment Lockers and Underground Installation of Utility Lines. In all districts, when electric, telephone and all other utility lines or cables are proposed to be extended or relocated, in connection with the development or redevelopment of land or a building for nonresidential purposes, they shall be installed underground. Transformers and other equipment located above ground shall be screened from public view by planting or fencing.

(a) All artificial lighting used to illuminate a parking or storage area, maneuvering space or driveway shall be arranged and shielded so as to prevent direct glare from the light source into any public street or private way or onto adjacent property.

(b) The level of illumination of lighting for parking and loading areas shall be low so as to reduce the glow of ambient lighting perceptible at nearby properties or streets.

K. Retaining Walls and Embankment Stabilization. Retaining walls and embankments requiring stabilization, visible from the exterior of the lot, shall utilize natural rock material for facing where practical and technically feasible and shall be planted with suitable shrubs at not less than one (1) plant per fifty (50) square feet to enhance appearance.

(1) The owner of the lot shall be responsible for the maintenance, repair and replacement of all landscaping materials installed in accordance with the approved landscaping plan required under Subsection C.

(2) All plant materials required by this Section shall be maintained in a healthful condition. Dead limbs, refuse and debris shall be promptly removed. Bark mulch and non-plant ground surface materials allowed by the Section shall be maintained so as to control weed growth. Dead plantings shall be replaced with new live plantings of the required size and quantity at the earliest appropriate season. Shrubs and live ground surface plant materials, such as grass or ground cover, shall be properly maintained in presentable appearance or replaced in kind at the earliest appropriate season.

(3) Plantings shall be selected and designed so as not to require high water use for maintenance. If grassed lawn areas or thickly planted shrubs or ground cover are used in the street frontage planting areas, a permanent water supply system, sufficient to serve the landscaped areas, shall be provided by the installation of a sprinkler system and/or hose bibs placed at appropriate intervals.

(1) The landscaping plan and plantings, as approved, shall be completed and installed according to specifications prior to the issuance of a Certificate of Occupancy for any residential or nonresidential use or building, other than for single-family houses. If the completion of the structure occurs after the planting season has passed, only a temporary Certificate of Occupancy may be issued until the landscaping is completed.

(2) For single-family houses, the same provisions shall apply except that for those houses not built for profit or for the use and occupancy of the builder or developer, the landscaping shall be completed within one (1) year after the issuance of the Certificate of Occupancy.

(3) If at any time after the issuance of a Certificate of Occupancy the landscaping of any parking or vehicular area to which this Section is applicable is found to be in nonconformance, notice shall be issued to the owners that corrective action is required to be in compliance with this Section and shall describe what action is necessary to comply. The owners shall have thirty (30) days to fulfill the landscaping requirements. Failure to comply with the allotted time shall be considered a violation of this Section.

(4) At the time of Site Plan Approval, a bond may be required to ensure the satisfactory planting of required landscaping and to ensure the survival of such landscaping for up to eighteen (18) months following such planting.

(1) Measurement. In order to provide an unobstructed sight distance for motorists, there shall be no obstruction as described below within a triangle which measures at least twenty-five (25) feet on two (2) sides of the intersection of a street with another street or a driveway, interior drive or bikeway. The triangle shall be measured from the point of intersection or, in the case of a rounded corner, the point of intersection of the tangents, in a direction away from the intersection for a distance of at least twenty-five (25) feet along the street right-of-way line; along the side line of the other street, driveway, interior drive or bikeway for a distance of at least twenty-five (25) feet; and by a third line connecting these two (2) points.

(2) Obstruction. The word "obstruction", as used in this Section, shall mean anything erected, placed, planted or allowed to grow in such a manner as to impede vision for motorists between a height of two (2) feet and eight (8) feet above the grade of the center line of the street and the intersecting street, driveway, interior drive or bikeway.

(3) Ground Elevation. In all cases of new construction and in other cases when deemed necessary by the permitting authority, ground elevation (hills, embankments, etc.) shall be considered as an obstruction to sight requirements if said elevation is higher than the two (2) feet put forth above, within the prescribed area.

(1) Any landscaping, screening and fencing legally provided or erected and conforming to the requirements of this Section when so erected, may continue to be maintained, even though as a result of changes to this Section the landscaping and screening no longer conforms to its requirements, provided that such landscaping and screening shall not be reduced, enlarged, redesigned or altered except so as to make them conform to said requirements, and further provided that any such landscaping and screening which has been destroyed or damaged to such an extent that the cost of restoration would exceed fifty (50) percent of the replacement value of the landscaping and screening at the time of destruction or damage, shall not be repaired, rebuilt or altered, except so as to make such landscaping and screening conform to the requirements of this Section.

obstruct a scenic view, substitution of additional low-level plantings which will visually define the street edge or property line may be authorized on the landscaping plan required by Subsection D, provided that proposed buildings are also designed and located to preserve that scenic view.

(1) Stores and shops for the conducting of retail business shall provide one (1) parking space, three hundred fifty (350) square feet for each one hundred (100) square feet of public floor space or area.

(2) Theaters, stadiums, auditoriums, halls, undertaking establishments or other places of public assembly, excluding churches, shall provide one (1) parking space for each two (2) legal occupants.

(6) Industrial and manufacturing establishments shall provide one (1) parking space for each three (3) workers based on peak employment and adequate space for loading and unloading all vehicles used incidental to the operation of the establishment.

(7) Multifamily dwellings, one (1) off-street parking space per dwelling unit, plus one (1) off-street parking space per bedroom; apartment buildings shall provide two (2) off-street parking spaces for each dwelling unit over and above access roadways and maneuvering.

(9) All parking spaces, other than single-family dwellings, shall be provided with adequate fencing to prevent the creation of a nuisance to abutters from headlights of cars entering and leaving the property.