APPENDIX 1 - LAWS AND REGULATIONS GOVERNING LAND USE

(1)

FRAMINGHAM ZONING ORDINANCES APPENDIX 1–LAWS &REGULATIONS Deleted: BY-LAW

APPENDIX 1 - LAWS AND REGULATIONS GOVERNING LAND USE

Land use in the City of Framingham is subject to regulation under various state and local laws,ordinances, and by-laws. In addition to the Zoning Ordinances (and its statutory authority, “THE ZONING ACT”, Chapter 40A of the Massachusetts General Laws), these laws, ordinances, and by-laws include the following:

1. Subdivision of land is regulated under Mass. Gen. Laws Ch. 41, Sections 81K - 81GG (“THE SUBDIVISION CONTROL LAW”), and the Framingham Planning Board’s “RULES AND REGULATIONS GOVERNING THE SUBDIVISION OF LAND IN FRAMINGHAM”, adopted pursuant to Ch. 41. The “RULES AND REGULATIONS” set forth standards for the construction of streets and municipal services and ensuring sanitary conditions in subdivisions.

2. Development in wetlands is regulated under Section 18. “Framingham Wetlands Protection Ordinance” of Article V. “Health and Safety” of the CITY OF FRAMINGHAM GENERAL ORDINANCES (see APPENDIX 8 of these Zoning Ordinances) and the State Wetlands Protection Act, M.G.L. Ch. 131, Sec. 10, administered by the Framingham Conservation Commission and the Massachusetts Department of Environmental Management. The Framingham Wetlands Protection Ordinance and the Wetlands Protection Act provide for public review of proposed projects which involve construction or other alterations of land in or near wetlands or other land which is subject to periodic flooding.

3. “Nuisances”, or specific conditions constituting a hazard or blight, may be regulated under Section 22 “Nuisance Ordinance” of Article V “Health and Safety” of the CITY OF FRAMINGHAM GENERAL ORDINANCES (see APPENDIX 2 of these Zoning Ordinances), adopted pursuant to the general powers granted to cities and towns by Article 89 of the Amendments to the Massachusetts Constitution and the specific powers granted by M.G.L. Ch. 139, Sec. 1 - 3A. Under this Ordinance, the Building Commissioner shall investigate reported nuisances, and where present, shall give notice to the owner and occupant to cease the nuisance. The Building Commissioner shall enforce this Ordinance via a court complaint, a fine, or other action as is necessary to enforce the provisions of the Nuisance Ordinance.

4. Signs are regulated under Section 1 “Sign Ordinance” of Article VII. “Signs and Districts” of the CITY OF FRAMINGHAM GENERAL ORDINANCES (see APPENDIX 3 of these Zoning Ordinances), adopted pursuant to M.G.L. Chapters 93 and 43B. The Sign Ordinance is enforced by the Building Commissioner.

5. Off-street parking is regulated by the Zoning Ordinances (Sec. IV.A and IV.B.) and the City’s handicapped parking ordinance (see APPENDIX 4 of these Zoning Ordinances). Both sets of regulations set forth similar standards with respect to handicapped parking: the principal difference is that whereas the Building Commissioner is responsible for

enforcement of the Zoning Ordinances, the Police Department is responsible for enforcement of the Handicapped Parking Ordinances. Handicapped parking in the City of Framingham is also governed by the standards of the “Americans with Disabilities Act” and the Massachusetts Architectural Access Board.

6. Preservation of Historic or Architecturally Significant Buildings is governed by Section 17A. “Demolition Delay Ordinance for Historic or Architecturally Significant Buildings” of Article V. “Health and Safety” of the CITY OF FRAMINGHAM ORDINANCES(see APPENDIX 9 of these Zoning Ordinances).

7. Permits for Access to Public Ways are regulated under Section 8 “Public Way Access Permits” of Article VI. “Roads, Highways, Bridges, Rubbish Disposal, Water and Sewer” of the CITY OF FRAMINGHAM ORDINANCE(see APPENDIX 10 of these Zoning Ordinances).

8. Scenic Roads are regulated under Section 10. “Administration of the Scenic Road Act” of Article VI. “Roads, Highways, Bridges, Rubbish Disposal, Water and Sewer” of the CITY OF FRAMINGHAM GENERAL ORDINANCES (see APPENDIX 11 of these Zoning Ordinance) and the Scenic Road Act, M.G.L. Ch. 40, Sec. 15C, administered by the Framingham Planning Board. These regulations provide for public review of proposed projects which involve the cutting or removal of trees, or the tearing down or destruction of stone walls within the boundaries of roads designated as scenic road by the City.

Deleted: Town Deleted: By-Law

Deleted: THE TOWN OF

(2)

FRAMINGHAM ZONING ORDINANCES APPENDIX 2–NUISANCE ORDINANCE Deleted: BY-LAW

Deleted: BY-LAW

APPENDIX 2 - NUISANCE

ORDINANCES

City of Framingham General Ordinances, Article V. “Health and Safety”

Section 22 Nuisance

Ordinance

(3)

FRAMINGHAM ZONING ORDINANCES APPENDIX 3–SIGN ORDINANCE Deleted: BY-LAW

Deleted: BY-LAW

APPENDIX 3 – SIGN

ORDINANCE

City of Framingham General Ordinances, Article VII. “Signs and Districts”

Section 1 Sign Ordinance

Framingham sign regulations can be found under Article VII., Section 1 of the Framingham General

(4)

FRAMINGHAM ZONING ORDINANCES APPENDIX 4–DISABLED PARKING Deleted: BY-LAW

APPENDIX 4 -DISABLED PARKING

City of Framingham General Ordinances, Article V. “Health and Safety”

Section 9 Disabled Parking

Information regarding to the Disabled Parking regulations can be found under Article V, Section 9 of the

Framingham General

Ordinances

Deleted: Town Deleted: By-Laws

(5)

FRAMINGHAM ZONING ORDINANCES APPENDIX 5–SIGN &ZONING ORDINANCEVIOLATIONS Deleted: BY-LAW Deleted: BY-LAW

APPENDIX 5 - SIGN AND ZONING

ORDINANCE

VIOLATIONS

City of Framingham General Ordinances, Article VII. “Signs and Districts”

Section 3 Sign and Zoning Ordinance Violations

Regulations regarding Sign and Zoning

Ordinance

Violations can be found within

Article

VII, Section 3

of the Framingham General

Ordinances

.

(6)

FRAMINGHAM ZONING ORDINANCES APPENDIX 6–ILLUSTRATIONS OF DIMENSIONAL REGULATIONS Deleted: BY-LAW

APPENDIX 6 – ILLUSTRATION OF DIMENSIONAL REGULATIONS

(7)

Framingham Zoning Ordinances,

Section IV.E.4.a. Lot Frontage Requirement

Minimum Lot Frontage as specified in Section IV.G.2. required at the frontage line

and

Framingham Zoning Ordinances,

Section IV.E.4.b. Lot Width Requirement

Lot width not less than 80% of required Minimum Lot Frontage from frontage through any point of building

and

Minimum lot width shall be equal to the Minimum Lot Frontage requirement from the lot frontage to the front setback line

(8)

Framingham Zoning Ordinances,

Section IV.E.5.a.

Front and Side Setbacks

Street Side Lot Line Side Setback Side Lot Line Side Front Setback Front Setbacks Street Side

Lot Line _{Lot Line}Front

Side Setbacks

Setbacks

Corner Lot

Side Lot Line

Front Lot Line

Side Lot Line

(9)

(10)

FRAMINGHAM ZONING ORDINANCES APPENDIX 7–LEVEL OF SERVICE (LOS) Deleted: BY-LAW

APPENDIX 7 - LEVEL OF SERVICE (LOS)

In Section VI.F. of the Zoning Ordinances (Site Plan Review) the standard set forth for traffic impacts is based on the concept of “level of service” (“LOS”). Level of service is a qualitative measure of the operating condition of a transportation facility, such as an intersection or highway link, at specific traffic volumes. It is divided into six classes described as follows:

LOS

O

PERATING

C

ONDITIONS

A Free flow, low volume, high operating speed, high maneuverability.

B Stable flow, moderate volume; speed somewhat restricted by traffic conditions, high maneuverability. C Stable flow, high volume; speed and maneuverability determined by traffic conditions.

D Unstable flow, high volumes, tolerable but fluctuating operating speed and maneuverability. E Unstable flow, high volumes approaching roadway capacity, limited speed,

intermittent vehicle queuing.

F Forced flow, volumes lower than capacity due to very low speeds. Heavy queuing of vehicles, frequent stoppages.

[Source: "Quick-Response Urban Travel Estimation Techniques and Transferable Parameters: User's Guide", National Cooperative Highway Research Program Report 187, Transportation Research Board, National Research Council, 1978]

LOS is determined differently for highways, signalized intersections, and unsignalized intersections. Capacity and level of service of signalized intersections are determined using a procedure known as Critical Movement Analysis. In this method, LOS is determined by vehicle delay and “volume/capacity (V/C) ratio”, which is the sum of “critical volumes” for the intersection divided by the theoretical capacity of the intersection. The following table summarizes the delay and V/C values for signalized intersections:

Level of Service

Typical V/C Ratio

Delay Range

(sec/vehicle)

A .00-0.60 0.0-16.0 B .61-0.70 6.1-22.0 C .71-0.80 22.1-28.0 D 0.81-0.90 28.1-35.0 E 0.91-1.00 35.1-40.0 F varies 40.1 or greater

[Source: "Interim Materials on Highway Capacity", Transportation Research Circular No. 212, Transportation Research Board, National Academy of Sciences, January 1980, pp. 5 - 12.]

(11)

FRAMINGHAM ZONING ORDINANCES APPENDIX 8–FRAMINGHAM WETLANDS PROTECTION ORDINANCE Deleted: BY-LAW

Deleted: BY-LAW

A

PPENDIX

8 -

F

RAMINGHAM

W

ETLANDS

P

ROTECTION

O

RDINANCE

City of Framingham General Ordinances, Article V. “Health and Safety”

Section 18 Framingham Wetlands Protection Ordinance

Information regarding the Framingham Wetlands Protection

Ordinance

can be found under

Article V, Section 18 of the Framingham General

Ordinances

(12)

FRAMINGHAM ZONING ORDINANCES APPENDIX 9–DEMOLITION DELAY ORDINANCE/HISTORIC DISTRICTS Deleted: BY-LAW

Deleted: BY-LAW

A

PPENDIX

9 -

D

EMOLITION

D

ELAY

O

RDINANCE

:

H

ISTORIC

D

ISTRICTS

City of Framingham General Ordinances, Article V. “Health and Safety”

Section 17A. Demolition Delay Ordinance for Historically or Architecturally Significant Buildings

in the City of Framingham, MA.

Information regarding the Demolition Delay

Ordinance

can be found under Article V, Section 17A of

the Framingham General

Ordinances

City of Framingham General Ordinances, Article VII. “Signs and Districts”

Section 5. Historic Districts

Information related to the Framingham Historic Districts can be found under Article VII., Section 5 of

the Framingham General

Ordinances

(13)

FRAMINGHAM ZONING ORDINANCES APPENDIX 10–PUBLIC WAY ACCESS PERMITS Deleted: BY-LAW

A

PPENDIX

10 -

P

UBLIC

W

AY

A

CCESS

P

ERMITS

City of Framingham General Ordinances,

Article VI. “Roads, Highway, Bridges, Rubbish Disposal, Water and Sewer”

Section 8 Public Way Access Permits

Information regarding the Public Way Access Permit can be found under Article VI, Section 8 of the

Framingham General

Ordinances

(14)

FRAMINGHAM ZONING ORDINANCES APPENDIX 11–ADMINISTRATION OF THE SCENIC ROAD ACT Deleted: BY-LAW

A

PPENDIX

11 –

A

DMINISTRATION OF THE

S

CENIC

R

OAD

A

CT