[Amended 5-9-1994 ATM by Art. 22; 5-9-1994 ATM by Art. 23; 5-8-1995 ATM by Art.
26; 5-9-2022 ATM
by Art. 20]
A.Â
The lawful use of any structure or land existing at
the time of amendment or subsequent amendment of this chapter may
be continued, although such structure or use does not conform to provisions
of this chapter.
B.Â
Alteration. A nonconforming structure may be altered
or reconstructed by right if the cost of such alterations is 50% or
less of the physical value as listed in the current assessors' valuation,
or by a current appraisal, of the structure at the time of the change.
Alterations exceeding 50% of the physical value at the time of the
change require a special permit.
C.Â
Extension or addition.
(1)Â
Alteration, extension or change. As provided in MGL
c. 40A, § 6, a nonconforming single- or two-family dwelling
may be altered or extended, provided that the Building Inspector determines
that doing so does not increase the nonconforming nature of said structure.
(2)Â
Other alteration, extension or change to a preexisting nonconforming structure or use may be permitted by special permit in accord with the requirements and procedures of § 145-69 if the Board of Appeals finds that such alteration, extension or change shall not be more detrimental to the neighborhood than the existing nonconforming use.
(3)Â
For the purpose of this subsection, any alteration
to the interior of a preexisting nonconforming structure made solely
for the purpose of accommodating a change in or to a conforming use
shall be deemed not to be substantially more detrimental to the neighborhood
than the existing nonconforming structure and shall be allowable as
a matter of right; provided, however, that such interior alterations
comply with all other applicable requirements of the town.
D.Â
Restoration. A structure devoted to a nonconforming
use (whether in whole or in parts) or a building or structure which
is nonconforming as to front, rear and side yard setback, frontage
or area may, if damaged or destroyed by fire or other accidental cause,
be repaired or reconstructed within the same portion of the lot and
to the same extent in size and use as before, provided that such repair
or reconstruction is substantially completed within 24 months of the
date of the damage or destruction.
E.Â
Usage termination. Nonconforming uses or structures
which are not used for a period of two years shall not be reestablished,
and any future use shall conform to this chapter.
F.Â
Changes. Once changed to a conforming use, no structure
or land shall be permitted to revert to a nonconforming use.
A.Â
Non-attached accessory structures shall not be located
within the required front yard setback area.
C.Â
No detached structure shall be located in any side
or rear yard area nearer to the side or rear lot line than 10 feet.
D.Â
In a mobile home park, detached accessory structures
shall be limited to a total of 350 square feet on each mobile home
site. Such accessory structure shall not be located on a site any
closer than three feet to the side or rear lot line and shall be located
no closer to the front lot line than the mobile home structure.
[Amended 5-9-1994 ATM by Art. 24]
A.Â
Upon application to the Building Inspector, an owner
of real estate located within the Town of Belchertown may seek permission
to be allowed to reside with his/her family in a temporary structure,
which shall include but not be limited to a mobile home, on said real
estate, which proposed habitation is necessitated by a disaster rendering
their residence or said property unfit for human habitation. If the
Building Inspector grants such permission it shall not exceed 12 months
from the date of the permit. In considering the granting of any such
extension(s), the Building Inspector shall determine if the restoration
and/or reconstruction of said residence on said premises has proceeded
in a diligent manner.
B.Â
It is not the intent of this provision that individuals
shall have the right to reside within a temporary structure either
conflicting or in conflict with other provisions of this chapter,
but only under the circumstances outlined in this section.
A.Â
All corner lots shown on plans of land (MGL c. 41, §§ 81P, 81S and 81T) shall be required to have a curve radius as established in the Chapter 270, Subdivision of Land, § 270-35E(2), as amended.
B.Â
All corner lots shall have the minimum frontage requirements.
Frontage measurements shall be made by extending the property line
of the corner lot and extending the property line of the existing
or proposed right-of-way until the two lines intersect. Frontage shall
be measured uninterrupted along the street right-of-way line on which
the lot abuts to the point of intersection of the two extended property
lines. (See illustrative example.)
C.Â
Extension of said property lines is for administrative purposes only and does not constitute a rescinding of the curb requirements as established in Chapter 270, Subdivision of Land, § 270-35E(2), as amended.
D.Â
All corner lots shown on plans of land shall be accompanied
by a deed to the owner of said lot describing the area necessary to
complete the linear frontage line.
A.Â
No fence shall be erected or maintained in the front
yard of a corner lot in a manner which interferes with traffic visibility
across the corner.
B.Â
Fences shall be placed with the most attractive side
(e.g., in the case of a picket fence, the side without horizontal
members) facing the street and neighboring properties. All commercial
chain link fences, including posts and rails, must be black or green
so to blend into the landscape.
[Amended 5-11-2009 ATM by Art. 14]
C.Â
The maximum height of a fence shall be six feet, except
in the B-2 zone. In the B-2 Zone the maximum height of a fence shall
be eight feet.
[Amended 5-11-2009 ATM by Art. 14]
D.Â
All swimming pools which contain more than 18 inches
of water (below grade), or any aboveground pool with a wall height
of more than 18 inches but less than 48 inches above ground level,
shall be enclosed as described below:
(1)Â
Such enclosures, including any gates, shall be secured
against unauthorized entry and must not be less than four feet in
height. (Public or semipublic pools must have enclosures of not less
than six feet in height.)
(2)Â
A structure or accessory structure may be used as
part of such enclosure, provided that there are no windows, doors
or other openings which open into the pool enclosure that cannot be
made secure against unauthorized entry.
E.Â
Aboveground pools which have a wall height of 48 inches
or more above the ground level shall be considered to have complied
with the above regulations, provided that any decks, docks, ladders
or catwalks within six feet of said pools shall be secured against
unauthorized entry.
G.Â
A special
permit granting authority may allow a higher fence under a special
permit when determined to be necessary for safety or security.
[Added 5-11-2009 ATM by Art. 14]
[Amended 5-12-1997 ATM by Art. 13; 5-11-2009 ATM by Art. 13]
A.Â
Purpose. The purpose of this section is to:
(1)Â
Ensure that signage does not contribute a visual blight upon the
landscape and the character of the Town of Belchertown;
(2)Â
Maintain and enhance the aesthetic environments and the Town's ability
to attract sources of economic development;
(3)Â
Encourage signs which, by their location and design, are harmonious
with the buildings and sites which they occupy, and which eliminate
excessive and confusing sign display;
(4)Â
Improve pedestrian and traffic safety; and
(5)Â
Enable fair and consistent enforcement of these sign regulations.
B.Â
Applicability. The provisions of this section shall apply to the
construction, erection, alteration, use, illumination, location and
maintenance of all signs located out-of-doors, including signs affixed
on any part of a building, freestanding signs, and signs visible through
windows from outside a building. Any sign in the Historic District
must be approved by the Historic District Bylaw Commission prior to
the grant of a permit.
C.Â
AWNING SIGN
BANNER
BILLBOARD
CANOPY
DIRECTORY SIGN
DISPLAY AREA
ELECTRONIC VARIABLE MESSAGE SIGN
ERECTING
FREESTANDING SIGN
IDENTIFICATION SIGN
ILLUMINATED SIGN
MENU BOARD
MOVABLE SIGN
OFF-PREMISES SIGN
ON-PREMISES SIGN
PENNANT/FLAG
POLITICAL SIGN
PROJECTING SIGN
ROOF SIGN
SPECIAL EVENT SIGN
TEMPORARY SIGN
WALL SIGN
WINDOW SIGN
Definitions. As used herein this § 145-22, the following words and terms shall have and include the following respective meanings.
A permanent sign affixed to or consisting of a permanent
or retractable awning or marquee permanently mounted to the exterior
surface of a building.
A temporary sign, typically promoting special civic events
sponsored by public or private not-for-profit organizations, usually
made of lightweight fabric, plastic or other flexible materials and
mounted on the face of a building or hung from a pole or suspended
over a street.
A large display advertising goods or services not necessarily
sold where the sign is located.
A sign painted on or incorporated into the cover of an awning,
canopy or other fixed or retractable protective cover attached to
a building or structure, and typically located over a door, entrance,
window or outdoor service area.
An on-premises sign identifying individual tenants or occupants
of a building or group of buildings and that may indicate their respective
professions or business activities.
The total surface area of a sign, including all lettering,
wording, designs, symbols, background and frame, but not including
any support structure or bracing incidental to the sign.
An electrically activated sign or portion thereof whose alphabetic,
pictographic or symbolic informational content can be changed or altered
at intermittent intervals on a fixed display surface by means of computer-programmed
electronic impulses, remote control or similar technology.
Any installing, constructing, reconstructing, replacing,
relocating or extending of a sign, but shall not include repairing,
maintaining, relettering, or repainting of an existing sign.
A self-supporting sign not attached to any building, wall,
or fence, but in a fixed location. This does not include portable
or trailer-type signs.
An off-premises sign which indicates the direction, distance
to or general site location of a building, business development or
geographic area. An identification sign may contain the name, address,
logo, trademark or other generic identifying symbol of the building
or development, but it does not list or advertise individual businesses
or commercial enterprises within the development.
Any sign artificially illuminated, either internally or externally,
by means of electricity, gas, oil, or fluorescent paint.
A freestanding sign that displays menu items and prices that
is located on the premises of a food service establishment offering
drive-through window service.
A sign not permanently attached to the ground or other permanent
structure, or a sign designed to be transported, including but not
limited to: portable signs mounted on a chassis and wheels; unregistered
motor vehicles and trailers with signage; signs supported by legs,
including A-frames or T-frames; menu and sandwich board signs; and
balloons and other inflatable devices used as signs. Movable signs
are classified as temporary signs.
Any sign that directs attention to an occupant, business, commodity, service, or entertainment conducted, sold, or offered at a location other than the lot on which the sign is located. See § 145-22D(3)(f).
Any sign that directs attention to an occupant, business,
commodity, service, or entertainment conducted, sold, or offered at
a location where the sign is erected or maintained.
A flag or similar device hung on a pole or on the face of
a building, decorated with graphics, designs, artwork, symbols and/
or lettering. Pennants that contain no commercial advertising messages,
logos or symbols are not considered signs under this article. Bunting
and patriotic flags, such as United States, Massachusetts or Town
flags, are not considered signs and are exempt from this article.
A sign of a nonpermanent nature relating to a candidate for
public office, an issue to be voted on at a town meeting or an election,
or some other issue which may be of general concern, interest or controversy.
A sign which is permanently affixed to the exterior surface
of a building or structure with the display area positioned perpendicular
to the wall to which the sign is mounted. A projecting sign may be
erected on a building provided the display area shall not exceed 12
square feet in the Business and Industrial Districts and six square
feet in the Residential and Agricultural Districts. Projecting signs
are prohibited in the Historic District. The thickness between sign
faces shall not exceed one foot. A projecting sign shall not project
more than three feet from the face of a wall and maintain a minimum
clearance of eight feet over a walkway or sidewalk.
A sign located above, or projected above, the lowest point
of the eaves or the top of the parapet wall of any building, or which
is painted on or fastened to a roof or parapet wall.
A temporary noncommercial promotional sign displayed for
special events sponsored by religious, governmental or legitimate
charitable organizations, which may be in the form of a poster, banner
or other nonpermanent or flexible device.
Any sign, including its support structure, not permanently
mounted and intended to be maintained for a reasonably short or definite
period.
Any sign which is painted on, incorporated into, or affixed
parallel to the wall of a building. The sign shall project no more
than 15 inches out from the building. Mounting hardware shall be placed
to minimize its visibility.
A sign affixed to the surface of a window (inside or outside)
or displayed behind a window so as to attract attention from the outside.
D.Â
General regulations.
(1)Â
Permits.
(a)Â
No new sign exceeding one square foot shall hereafter be erected,
constructed or altered without the approval of the owner, rendered
in accord with 780 CMR Art. 29, Sec. 2901.1, except as herein provided,
and until after a permit has been issued by the Building Commissioner.
All signs, wherever located, must be in conformity with the State
Building Code.
(b)Â
Application. All applications for signs requiring a sign permit
shall be made to the Building Commissioner using the Town of Belchertown's
approved application form. The application must be signed by the owner
of the sign and the owner of the lot where the sign is to be erected.
The Building Commissioner shall have the authority to reject any sign
permit application which is not complete when submitted.
(c)Â
Time limitations. The Building Commissioner shall approve or
disapprove any application for a sign permit within 30 days of receipt
of the application. If the Building Commissioner should fail to approve
or disapprove an application for a sign permit within such thirty-day
period, the application shall be deemed to be approved.
(d)Â
Fees. The Select Board shall establish and from time to time
review a sign permit fee which shall be published as part of a sign
permit application form and be paid to the Building Commissioner upon
application for each sign permit issued under this section.
[Amended 6-12-2021 ATM by Art. 14]
(2)Â
Signs that do not require a sign permit.
(a)Â
Temporary construction signs. One temporary sign, not exceeding
10 square feet, except as required under federal and state agency
regulations, denoting the architect, engineer, owner and contractor
performing construction, repair, renovation or development currently
in progress on the premises where the sign is located is permitted,
provided that for a subdivision a separate sign may be placed at each
street entrance thereto, and further provided that the sign or signs
shall be promptly removed within 48 hours upon completion of construction,
repair or renovation.
(b)Â
Special event signs, provided that such a temporary promotional
sign:
[1]Â
Shall be firmly anchored;
[2]Â
Shall be removed within 48 hours after the event to which it
relates has taken place;
[3]Â
Shall not be attached to a fence, utility pole, tree or similar
structure on public property;
[4]Â
Shall not exceed 10 square feet; and
[5]Â
May be erected on Town property with the consent of the Select
Board or their designee and the Zoning Enforcement Officer.
[Amended 6-12-2021 ATM by Art. 14]
[6]Â
Hand-held signs shall be exempted from Subsection D(2)(b)[1] above.
(c)Â
Political, ideological, or charitable message signs. Display
or expressions of political, ideological or charitable ideas shall
be exempt from the provisions of this section, provided that no such
sign shall be affixed to a tree or utility pole in a public way.
(d)Â
Real estate signs. One real estate sign having an area of not
more than 10 square feet and advertising the sale, rental or lease
of the premises on which it is maintained is permitted. In a residential
district, one for sale, rent or lease sign shall be allowed per lot,
and one such sign shall be permitted for each business or establishment
in any other zoning district. Such a sign shall not be illuminated,
may be a movable sign and shall be removed immediately following the
closing of a sale, lease or rental agreement.
(e)Â
Agricultural signs. A sign associated with an agricultural use
as referred to in § 3 of MGL c. 40A, offering for sale produce
and other farm products. The maximum display area of such sign shall
be 12 square feet. Such sign may be movable.
(f)Â
Fuel pump signs. Fuel pump signs located on service station
fuel pumps identifying the name or type of fuel and price thereof.
(g)Â
Governmental signs. Signs, including movable signs, erected
and maintained by the Town of Belchertown, the Belchertown Water District,
the City of Springfield, the Town of Amherst, the Bondsville Water
and Fire District, any other municipal corporation, the Commonwealth
of Massachusetts, or the federal government on any land, building
or structure in use by such governmental entity. Any other signs erected
by such governmental entity at any location required for public or
environmental health, safety or notification purposes, or announcing
the date, time and place of elections or Town meetings.
(h)Â
Identification signs. For single- and two-family residential
uses in any zoning district, one sign on a lot identifying the occupants
of the dwelling, an authorized home occupation and/or any other use
which is conducted on the lot and is permitted in a residential district.
In a residential district, one sign on a lot identifying a nonconforming
use. All such signs shall not exceed two square feet of display area
and shall not be illuminated, except when coincidental to the illumination
of a building, driveway or similar feature.
(i)Â
Landmark signs. Any sign determined by the Select Board to be
of particular artistic or historic merit that is unique or extraordinarily
significant to the Town. Such a sign may be new or old, it may or
may not comply with this section, it may be a picture, mural, statue,
sculpture or other form of artistic expression, it may warrant preservation
in its original form or may be in need of restoration, or it may be
a marker to identify or commemorate a particular significant location,
a historic event or person, or a natural feature.
[Amended 6-12-2021 ATM by Art. 14]
(j)Â
Menu signs. One menu sign per restaurant, affixed to the exterior
wall of a restaurant with a maximum display area of two square feet.
(k)Â
Multifamily dwelling signs. A sign identifying the name of a
multifamily residential dwelling, not exceeding six square feet in
display area. If freestanding, its height shall not exceed four feet
above ground level and if mounted to the exterior wall of a building
no portion thereof shall be higher than six feet from the ground.
(l)Â
Religious signs. Signs identifying a religious use and erected
on the same lot as the religious use. Such signs shall not be illuminated
and shall be limited to one wall sign with a maximum display area
of 12 square feet, and one freestanding sign with a maximum display
area of eight square feet and a maximum height of five feet.
(m)Â
Traffic signs. Standard traffic signs and control devices. Sign
limitations do not apply to traffic or directional signs which are
necessary for the safety and direction of residents, employees, customers
and visitors, whether in a vehicle or on foot, of any business, industry
or residence. Such signs shall not carry the name of any business
or project.
(n)Â
Window signs. Signs printed or placed on the outside surface
of a window, other than a neon sign, provided that their aggregate
display area covers no more than 20% of the window in which they are
erected. Such sign shall not be illuminated. Window signs promoting
a public service or charitable event shall not be calculated in the
allowable 20%. There shall be not more than one such sign allowed
per principal use.
(o)Â
Neon window signs. Neon window signs provided that the display
area shall not exceed 10 square feet or cover more than 20% of the
window in which they are erected, whichever is less. There shall be
not more than one such sign allowed per principal use. As with any
other sign, a neon window sign shall not be illuminated longer than
30 minutes before opening or after closing of the store or business.
(p)Â
Tag sale and similar event signs. One sign, which may be a movable
sign, on the lot where the sale occurs, displaying only the words
"tag sale" or similar words specific to the event together with the
date of the event. Such sign shall not exceed six square feet in display
area and shall not be illuminated. Such sign shall not be erected
sooner than three days before the sale, and it shall be removed not
later than one day after the sale. In no case shall such a sign be
erected on a lot for more than five days per calendar year.
(3)Â
Prohibited signs. All signs not conforming to the provisions of this
section are specifically prohibited, and include, but are not limited
to, the following sign types.
(a)Â
Billboards, movable signs, projecting signs and roof signs are
not permitted.
(b)Â
Streamers, pennants, ribbons, balloons and other inflatable
objects, objects through which air is blown, spinners or other similar
devices shall not be constructed, posted or erected. Exceptions include
flags and buntings exhibited to commemorate national patriotic holidays,
and temporary banners announcing charitable or civic events.
(c)Â
Moving, flashing or animated signs, including signs containing
reflective elements which sparkle in the sunlight, are not permitted.
Electronic variable message signs are not permitted except that such
signs indicating only the current time and/or temperature are allowed,
provided they meet all other provisions of this section.
(d)Â
No sign shall be designed in shape, color, placement or display
characteristics to resemble traffic signals or traffic control signs
nor otherwise impair or cause confusion of vehicular or pedestrian
traffic.
(e)Â
Any sign advertising or identifying a business or organization
which is either defunct or no longer located on the premises is not
permitted and shall be removed.
(f)Â
Off-premises signs per § 145-22C. No sign shall be located off the premises to which it applies, except that directional, informational, or identification signs may be allowed by special permit by the Zoning Board of Appeals where such signs will serve the public convenience and not be detrimental to the neighborhood with respect to size, location or design. Individual off-premises signs shall be unlit and shall not be over four square feet in area. Where appropriate, and subject to design review, off-premises signs shall be grouped together at strategic locations, and may be externally lit. (See § 145-22F.)
(g)Â
No sign shall be erected or maintained in such a manner as to
create a hazard or disturbance to the health, safety and welfare of
the general public.
(h)Â
No sign shall obstruct or impair traffic visibility for the
motorist at a street corner, intersection or driveway entrance or
exit.
(i)Â
No sign shall be placed on Town property or within the right-of-way
of the Town without approval from the Select Board.
[Amended 6-12-2021 ATM by Art. 14]
(j)Â
Any sign designed to be transported by means of wheels and signs
attached to or painted on vehicles parked and visible from a street
or a right-of-way customarily used by the general public, unless said
vehicle is registered and used, as a vehicle, in the normal day-to-day
operations of the business.
(k)Â
Any sign projecting above the lowest point of the eaves of a
building or beyond a building corner.
(l)Â
No signs, graphics, pictures, publications, videotapes, movies,
covers, merchandise or other implements, items or advertising depicting,
describing or relating to sexual conduct or sexual excitement as defined
in MGL c. 272, § 31 shall be displayed in the windows of,
or on the building of, any adult entertainment establishment, or be
visible to the public from the pedestrian sidewalks or walkways or
from other areas outside such establishments.
(4)Â
Protection of First Amendment rights. Any sign authorized with or
without a permit under this section may, in lieu of any specified
copy, contain any lawful, noncommercial message that does not direct
attention to a business or to a property, service or commodity for
sale.
E.Â
Sign dimensions/height.
(1)Â
Display area: The combined and total square foot area of a sign or
signs, either on or off the premises, shall be measured as defined
below and in accordance with Table E-1.
(a)Â
The display area of a sign shall be considered to include all
lettering, wording, and accompanying designs and symbols, together
with the background on which they are displayed, any frame around
the sign and any cutouts or extensions, but shall not include any
supporting structure or bracing.
(d)Â
In computing the area of signs with two faces placed back-to-back, the area shall be taken as the area of either face, or if the faces are unequal, the larger shall determine the area, except as in Subsection E(1)(c) above.
(e)Â
Any support structure or bracing incidental to the sign shall
not project more than one foot, in any direction, from the display
area.
(f)Â
The display area of a wall sign or freestanding sign may not
exceed 10% of the area of the front face square footage (FFSF), as
computed by the length times the width of the building facade to which
such sign is attached. In no case shall the sign be larger than the
maximum sign display area for the district in which the building is
located.
(g)Â
A wall sign shall not be placed such that it covers architectural
elements such as cornices, columns, arches, details, or other such
building features or ornamentation, and, if the architectural detail
of the building necessitates, the sign may be broken up into two pieces,
provided that the pieces are oriented in the same manner relative
to the wall, parallel to each other, and the total area of the two
signs does not exceed the maximum allowable of 10% of the wall face.
See Figure E-3 below.
(h)Â
In no case shall any sign exceed the maximum indicated in Table
E-1, below.
[Amended 5-8-2023 ATM by Art. 23]
Table E-1
| ||||
---|---|---|---|---|
District
|
Maximum Display Area Per Sign
(in square feet)
|
Maximum Total Display Area1
(in square feet)
|
Height
(in feet)
| |
Agricultural A (AG-A)
|
6
|
12
|
6
| |
Agricultural B (AG-B)
|
6
|
8
|
6
| |
Village Residential (VR)
|
6
|
8
|
6
| |
Lakes Residential (LR)
|
6
|
8
|
6
| |
Multiple-Dwelling Residential (MDR)
|
40
|
40
|
6
| |
Mobile Home Park
|
40
|
40
|
6
| |
Limited Business (B-1)
|
20
|
40
|
12
| |
General Business (B-2)
|
80
|
100
|
18
| |
Industrial (I)
|
40
|
80
|
18
|
Notes:
| |
---|---|
1Per business for commercial uses
and per land use on a lot.
|
(2)Â
Height:
(a)Â
The top of the display area of freestanding signs permitted
under this section shall not exceed height standards listed in Table
E-1 above the average grade as measured within a twenty-foot radius
of the center, laterally, of the sign, in any district. No filling,
berming, mounding, or excavating may be done solely for the purpose
of altering the allowed height of the sign. The Building Commissioner
or Zoning Enforcement Officer may permit a sign in height greater
than the standards listed in Table E-1 where the physical characteristics
of the lot prevent adequate setback from public ways and a lower sign
would create a potential traffic hazard. See Figure E-4 below.
(b)Â
The top of the display area of a wall sign shall be placed no
higher than whichever of the following is lowest: 25 feet above grade;
bottom of the sills of the first level of windows above the first
story; or one foot below the height of the building line.
(c)Â
Signs on adjacent storefronts should be coordinated in height,
type and proportion. The use of a continuous sign band for adjacent
shops within the same building is encouraged, as a unifying element.
F.Â
Illumination standards. The following standards apply to all signs
illuminated internally or externally by electric power.
(1)Â
Lighting shall be nonflashing, nonblinking and shall not be designed
to attract attention by a change in intensity or by repeated motion.
(2)Â
Signs shall also be nonmoving and nonanimated, shall not interfere
with traffic visibility and shall not protrude over any lot line.
(3)Â
Any illumination provided shall be of one color only, for example,
only white, or only red, but not both.
(4)Â
Any sign illuminated by an external light source shall have the light
source projected downward from above and shall be shielded from view
off the premises so that no direct light extends above ground level
beyond the property lines on which the sign is located.
(5)Â
No sign shall constitute a hazard to pedestrian or vehicular traffic
because of the intensity or direction of illumination.
(6)Â
No sign shall be illuminated longer than 30 minutes before opening
or after closing of any store or business.
(7)Â
The display area of an illuminated sign shall neither emit nor reflect
light with an average intensity greater than 50 footcandles measured
directly on the surface of the sign or signs shall neither emit nor
reflect light with an average intensity greater than 50 footcandles
at 100 feet from the sign.
(8)Â
Light fixtures, including bulbs or tubes, used for sign illumination
should be selected and positioned to achieve the desired brightness
of the sign with the minimum possible wattage while ensuring compliance
with all applicable requirements of this section. Where possible,
the fixtures used for sign illumination should classify as "energy
efficient," as defined by the power utility company serving the lot.
(9)Â
The following types of signs with internal or quasi-internal illumination
shall be permitted, provided that they comply with all applicable
standards of this section. The word "opaque," as used in the following
subsections, shall mean that the opaque object shall appear black
when the sign is lit at night.
(a)Â
Neon signs, erected on a lot in place of a sign otherwise permitted,
provided it features an individualized, custom made design showing
only a drawing, logo, symbol or illustration, but not letters. A neon
sign hereunder shall comply with all applicable dimensional standards.
It shall be composed of primarily single-strand glass tubing with
a maximum one-inch diameter.
(b)Â
Opaque individual letter signs or symbols, back-lit with a white
and concealed light source, thereby creating an effect by which the
letters or symbols are silhouetted against a wall illuminated by said
light source.
(c)Â
Signs featuring individual letters or symbols which are cut
out from an opaque facing and back-lit with a white and concealed
light source, thereby creating an effect by which the facing, from
which the letters or symbols are cut out, is silhouetted against a
wall illuminated by said light source.
(d)Â
Back-lit awning signs with the light source internal or concealed
from public view. Such signs shall not be permitted in the Historic
District.
(e)Â
Individual letter signs with translucent letter faces, internally
illuminated with a soft-glow light source; or signs with an opaque
sign face with cutout translucent letter surfaces which are internally
illuminated with a soft-glow light source. Such signs shall not be
permitted in the Historic District.
G.Â
Additional standards.
(1)Â
Freestanding signs.
(c)Â
Not more than one freestanding sign may be erected on any lot,
regardless of the number of tenants or occupants of the property,
provided that the Planning Board acting as special permit granting
authority may grant a special permit for one additional freestanding
sign if such additional sign is determined necessary due to the specific
combination of uses on the lot.
(d)Â
Freestanding signs may be lighted on both sides. Any illumination provided for signs shall conform to the requirements of § 145-22F above.
(e)Â
A freestanding sign shall be integrated into the landscape design
of the lot or parcel. It shall be centered within a landscaped area
located on the lot or parcel with a minimum area in square feet to
be equal to the overall height of the sign multiplied by two, by the
power of two. (Example: sign height = six feet: six feet x two feet
= 12 feet.; 12 feet x 12 feet = 144 square feet = minimum landscaped
area) Such landscaped area shall be planted and maintained with suitable
vegetation, including shrubs and flowering perennials surrounding
the base of the freestanding sign. The landscaped area required under
this section may be provided as part of a landscaped area required
under any other section of this section.
(f)Â
Menu boards shall be a maximum of 30 square feet, with a maximum
height of six feet, and shall face away from the street. Menu boards
shall be screened from view from the public street.
(2)Â
Multiple signs.
(a)Â
Where more than one sign is desired, several signs may be used,
provided that their total combined area does not exceed the amounts
shown in the schedule (Table E-1). The combined area of all signs,
whether on or off the premises, shall not exceed the amounts allowed
in this schedule.
(b)Â
When several businesses are located on one lot, these standards
shall apply to each business.
(c)Â
One directory sign, not to exceed an area of 12 inches by 18
inches for each additional occupant of the premises and not in excess
of 100 square feet, may be permitted by the Board of Appeals within
General Business and Industrial Zones when several businesses are
located within one property, as in a shopping center or industrial
park.
[Amended 5-8-2023 ATM by Art. 23]
(3)Â
Compatibility. Proposed signs will be considered in relation to the
character of the neighborhood and the architecture, colors and material
of the building and should be compatible in terms of the appropriateness
of the size, color, shape, material and design. Signs should be informative,
legible and designed to improve the quality of the street scene.
(4)Â
Discontinuance of sign-related use. All signs erected for a permitted
use, use by a special permit or a special event, including a sign
advertising the sale or rental of premises, shall be promptly removed
within 48 hours when the circumstances leading to their erection no
longer apply.
H.Â
Enforcement.
(1)Â
Maintenance and removal. Every sign shall be maintained in good structural
conditions at all times. All signs shall be kept neatly painted, including
all metal parts and supports thereof that are not galvanized or of
rust resistant material. The Building Commissioner or the Zoning Enforcement
Officer shall inspect and shall have the authority to order the painting,
repair, alteration or removal of a sign which shall constitute a hazard
to safety, health or public welfare by reason of inadequate maintenance,
dilapidation, or obsolescence.
(2)Â
Abandoned signs. Except as otherwise provided in this article, any
sign that is located on property which becomes vacant and is unoccupied
for a period of three months or more, or any sign which pertains to
a time, event or purpose which no longer applies, shall be deemed
to have been abandoned. Permanent signs applicable to a business temporarily
suspended because of a change of ownership or management of such business
shall not be deemed abandoned, unless the property remains vacant
for a period of six months of more. An abandoned sign is prohibited
and shall be removed by the owner of the sign or owner of the premises.
(3)Â
Dangerous or defective signs. No person shall maintain or permit
to be maintained on any premises owned or controlled by him any sign
which is in a dangerous or defective condition. Any such sign shall
be removed or repaired by the owner of the sign or the owner of the
premises.
(4)Â
Removal of signs by the Building Commissioner or Zoning Enforcement
Officer.
(a)Â
The Building Commissioner or Zoning Enforcement Officer shall
cause to be removed any sign that endangers the public safety, such
as an abandoned, dangerous, or materially, electrically, or structurally
defective sign, or a sign for which no permit has been issued.
(b)Â
The Building Commissioner or Zoning Enforcement Officer shall
prepare a notice which shall describe the sign and specify the violation
involved and which shall state that, if the sign is not removed or
the violation is not corrected within 20 days, the sign shall be removed
in accordance with the provisions of this section.
(c)Â
All such notices shall either be hand-delivered or sent by certified
mail. Any time periods provided in this section shall be deemed to
commence on the date of the receipt of the certified mail. For all
other signs, the notice shall be mailed to the owner of the property
on which the sign is located as shown on the last equalized assessment
roll. If known, or with reasonable care should be known, the notice
shall be mailed to or delivered to the owner of the sign and the occupant
of the property.
(5)Â
Appeals. Any person having an interest in the sign or the property
may appeal the determination of the Building Commissioner or Zoning
Enforcement Officer ordering removal or compliance by filing a written
notice with the Town Clerk within 30 days from the date of the determination
as provided in MGL c. 40A, § 15.
(6)Â
Nonconforming signs. Any nonconforming sign lawfully existing at
the time of adoption of this section or subsequent amendment of this
section although such does not conform to the provisions of this section,
subject to the following:
(a)Â
Nonconforming signs accessory to a use or uses shall be removed
or replaced concurrently with any expansion of such use or uses. Such
nonconforming signs shall be replaced with a conforming sign or signs
prior to the issuance of an occupancy permit for any building into
which the use or uses are to be expanded.
(b)Â
Any sign replacing a nonconforming sign shall conform with the
provisions of this section, and the nonconforming sign will no longer
be displayed.
(c)Â
Nothing herein shall be deemed to prevent orderly, regular and
timely maintenance, repair and repainting with the same original colors
of a nonconforming sign.
(7)Â
Penalties. A violation of any provision of this section shall be
subject to a fine of not more than $100 per offense. Each day of violation
shall constitute a separate offense.
I.Â
Miscellaneous provisions.
(1)Â
Conflict with other laws. In the event of a conflict between this
section and any such laws and regulations, the provisions of this
section shall control, provided that they are consistent with state
and federal law.
(2)Â
Severability. If any section or provision of this section is found
by a court of competent jurisdiction to be invalid, such invalidity
shall not affect the validity of any other section or provision of
this section.
B.Â
Schedule of Off-Street Parking Requirements. In all
districts there shall be provided and maintained off-street parking
in conjunction with the construction, conversion and/or expansion
of any structure, as well as upon the expansion or change in use,
located on the lot, or on a lot under the same ownership within 300
feet of the structure, in at least the following minimum amounts for
the following uses:
Type of Use
|
Number of Spaces
| ||
---|---|---|---|
Residential Uses
| |||
Single-dwelling unit
|
2 per unit
| ||
Multi- or attached dwelling unit
|
2 per unit, plus 1 for visitor parking per 10
spaces of required resident parking
| ||
Boardinghouse, lodging house, guest house or
other group accommodations
|
1 per bedroom, in addition to the parking required
of the dwelling unit
| ||
Mobile home park
|
3 per unit (at least 2 must be situated on the
individual mobile home site)
| ||
Home occupation
|
1 for between 0 and 300 square feet of floor
area and 1 additional for that which exceeds the initial 300 square
feet, in addition to the requirement for the use permitted by right
| ||
Government, Institutional and Public Service
Uses
| |||
Community residence and apartments exclusively
for the elderly and handicapped
|
1 for each living unit or 1 for each 3 beds,
whichever is greater; for facilities with more than 6 beds, add 1
space per employee
| ||
Hospital or nursing home
|
1 for each 3 beds, plus 1 for each 2 employees
based on the numerically largest shift
| ||
Place of public assembly, including a theater,
auditorium and funeral parlor
|
1 for each 3 seats or, if seats are not fixed,
1 for each 20 square feet of floor area visible for seating and 1
for each 100 square feet of gross floor area
| ||
Public and private school (grades 1 to 12, inclusive)
|
1 for each 4 seats or 8 linear feet of bench
or 1 for each 20 square feet of floor area visible for seating where
seating is not provided
| ||
Business Uses
| |||
Retail store and service establishment
|
1 for each 150 square feet of gross floor area
and outdoor sales space, exclusive of storage space
| ||
Eating and drinking establishment
|
1 for each 3 seats, plus 1 for each employee,
provided that drive-in establishments shall provide 1 space for each
50 square feet of gross floor area plus 1 space for each employee
| ||
Business office or bank
|
1 for each 200 square feet of gross floor area
| ||
Medical or dental office
|
1 for each 150 square feet of gross floor area,
plus 1 for each employee
| ||
Bowling alley
|
4 per lane
| ||
Laundromat
|
1 for each 4 machines
| ||
Roller- or ice-skating rink
|
1 for each 3 persons, maximum capacity
| ||
Tennis, handball and racquetball court (except
where a single court is an accessory structure to a residential dwelling)
|
2 for each court, plus 1 additional for every
5 spaces
| ||
Automobile service station
|
3 for each service bay, plus 1 for each employee
| ||
Health fitness, multi-use or similar recreational
facility
|
1 for each 200 square feet of gross area
| ||
Hotel or motel
|
1 per bedroom
| ||
Industrial Uses
| |||
Wholesale establishment, manufacturing and industrial
use or research operation
|
1 for each person employed on the largest shift,
plus 1 for each company-owned vehicle
|
C.Â
General. For cases not specifically enumerated herein,
adequate parking areas shall be provided off the traveled way. All
uses shall have adequate off-street parking to accommodate customers,
patrons and employees. Parking on a public or private street or way
adjacent to the premises shall be considered evidence of the inadequacy
of the off-street parking space provided for both new uses and a conversion
or expansion of existing uses.
D.Â
Design standards.
(1)Â
Size. Off-street parking spaces shall be not less
than nine feet wide by 18 feet long each and shall be clearly delineated
within the lot, for all uses except multiple-dwelling units.
(2)Â
Parking aisles. Parking aisles shall be a minimum
of 18 feet wide for angle parking and 24 feet wide for perpendicular
parking, for all uses except single-dwelling units.
(3)Â
Location. Parking areas shall be constructed so that
vehicles do not have to back into a public way or across a sidewalk.
(4)Â
Landscaping and screening.
(a)Â
Parking areas that abut public ways or residentially
zoned property must be separated from the public way or property line
by a minimum ten-foot-wide landscaped strip, for all uses except single-dwelling
units. Screening within this strip shall be provided except where
the parking area is already screened from the residential premises
or the public way by a natural terrain feature. Such screening shall
be a solid wall or fence, not less than five feet in height. In lieu
of such a fence, a compact evergreen hedge of not less than three
feet in height at the time of original planting may be used. The fence,
wall and/or hedge shall be maintained in good condition, and no advertising
shall be placed thereon. The screening shall be designed so that vehicle
sight distance shall not be affected at entrances and exits and at
street intersections.
(b)Â
Large parking areas providing more than 75 parking
spaces shall be subdivided with landscaped islands such that no paved
surface shall extend more than 80 feet in width. At least one tree
(minimum two-inch caliper at chest height) per 35 spaces shall be
provided.
(5)Â
Lighting. All lighting shall be shielded from adjacent
premises and public ways.
(6)Â
Drainage. Drainage facilities for each parking area
shall be designed and constructed to contain stormwater runoff on
the premises or in a manner which will not impact abutting property.
E.Â
Loading area requirements.
(1)Â
General. All new business and industrial buildings
and all enlargement of existing buildings requiring the delivery of
goods as a substantial part of their function must be provided with
necessary space for off-street loading as hereinafter set forth. No
application for a permit for the erection of such new buildings shall
be approved unless it includes a plan for off-street loading facilities
in accordance with regulations set forth in this chapter.
(2)Â
Loading spaces. A business, industrial, community
facility (school, church, Town building, recreation, etc.) or public
utility establishment with over 5,000 square feet of floor space shall
be provided not less than the number of loading spaces indicated in
the following table:
Floor Area of Building or Structure
(square feet)
|
Minimum Number of Loading Spaces
|
---|---|
5,000 to 49,000
|
1
|
50,000 to 99,000
|
2
|
100,000 to 149,000
|
3
|
150,000 to 300,000
|
4
|
Each additional 100,000 beyond 300,000
|
1 additional
|
(3)Â
Location. Every part of said loading area shall be
located completely off the street or public way and shall be located
in the side or rear yard.
(4)Â
Size. Each loading bay shall have a minimum dimension
of not less than 15 feet in width by 25 feet in length, with 14 feet
of height clearance.
(5)Â
Loading and unloading areas shall be located and designed
such that the vehicles intended to use them can maneuver safely and
conveniently to and from a public right-of-way and complete the loading
and unloading operations without obstructing or interfering with any
public right-of-way or any parking space or parking lot aisle.
(6)Â
No area allocated to loading and unloading facilities
may be used to satisfy the area requirements for off-street parking,
nor shall any portion of any off-street parking area be used to satisfy
the area requirements for loading and unloading facilities.
[Amended 5-12-2008 ATM by Arts. 18, 19]
The breeding, raising and/or keeping of animals
is permitted in Belchertown as a matter of right, subject to the following
health and safety regulations. "Furbearing animals" is defined as
animals raised to be killed for their pelts, such as mink or sable.
A.Â
Goats, sheep, horses, swine, cows, poultry and similar
livestock shall be kept on a lot:
(1)Â
With structures set back in conformance with the front, rear and side yard requirements as defined in Article V of this chapter for a principal building of the zone in which they are located.
(2)Â
With indoor and outdoor areas well drained and reasonably
free of excess odor, dust, noise and mud, so as not to create a nuisance
or health hazard to the surrounding property owners.
(4)Â
In conformance with all regulations of the Belchertown
Board of Health.
(5)Â
On a lot whose size is a minimum of 40,000 square
feet.
B.Â
The raising of furbearing animals and swine shall
be carried out in compliance with regulations of the Board of Health,
Town of Belchertown, and in no case shall this activity be carried
out within 500 feet of any property line.
C.Â
Nothing in this section is intended to regulate the
keeping, raising or breeding of animals as part of an agricultural
enterprise, on five or more acres of land.
[Added 5-9-2022 ATM by
Art. 18]
A.Â
Standards.
(1)Â
Hours of operation shall be from 6:00 a.m. to 9:00 p.m.
(2)Â
Dogs at the facility shall be no closer than 150 feet to any
abutting occupied structure.
(3)Â
Dogs may be groomed, trained, exercised, and socialized, but
not kept overnight, bred, sold, or let for hire.
(4)Â
The number of dogs permissible depends on the size of the facility
and available staff.
(5)Â
There must be no more than six dogs per staff person on site.
(6)Â
Small dogs and large dogs must be separated.
(7)Â
Indoor facilities:
(a)Â
Shall be inspected by the Director of Public Health, the Animal
Control Officer, the Building Commissioner, and the Fire Chief to
ensure adequate safety of the animals and humans.
(b)Â
All animal play areas shall be large enough to maintain sanitation
and avoid crowding.
(c)Â
Primary enclosures shall be large enough to allow each animal
to turn around and stretch.
(d)Â
Clean, soft bedding shall be provided in each enclosure.
(e)Â
Floors of enclosures shall be smooth; wire flooring is prohibited.
(8)Â
Outdoor facilities:
(a)Â
Site-obscuring fences must be provided around all outdoor areas
in which dogs will be unleashed. The fence shall be deep enough to
prevent escape by digging and shall be six feet in height. Objects
a dog may use to climb or jump over the fence shall not be within
10 feet of the fence.
(b)Â
Strict sanitation measures shall be practiced, including daily
disposal of feces, leftover food, and any other material that could
attract pests. Urine shall be rinsed to reduce odors.
(c)Â
Refuse shall be removed from the premises daily or kept in secure
storage while on the premises.
(d)Â
Any dogs generating nuisance noise shall be brought back into
the building or removed from the site as soon as possible.