This Zoning Bylaw is adopted in accordance with the provisions
of Massachusetts General Laws Chapter 40A, and all amendments therein.
The purpose of this Zoning Bylaw is to promote the health, safety,
convenience, morals or welfare of the inhabitants of Millville; to
lessen congestion in the streets; to conserve health; to secure safety
from fire, panic and other dangers; to provide adequate light and
air; to prevent overcrowding of land; to avoid undue concentration
of population; to facilitate the adequate provision of transportation,
water, sewerage, schools, parks and other public requirements; to
conserve the value of land and buildings; to encourage the most appropriate
use of land throughout the Town; and to preserve and increase its
amenities. For this purpose, the use, construction, repair, alteration,
height, area, and location of buildings and structures, use of premises
in the Town of Millville are regulated as hereinafter provided.
A.
All buildings or structures hereinafter erected, reconstructed, altered,
enlarged or moved, or use of premises in the Town of Millville, shall
be in conformity with the provisions of this bylaw. No building, structure,
or land shall be used for any purpose or in any manner other than
as permitted within the district in which such building, structure
or land is located. Any use not specifically enumerated in a district
herein shall be deemed prohibited.
B.
In accordance with Massachusetts General Laws Chapter 40A, and notwithstanding
any provisions to the contrary, this bylaw shall not prohibit or limit
the use of land for any church or other religious purpose or for any
educational purpose which is religious, sectarian, denominational
or public.
For the purpose of this bylaw, the following terms shall have
the meanings hereby assigned to them:
A self-contained dwelling unit incorporated within a detached single-family dwelling or within an accessory building, complete with its own sleeping, cooking, and sanitary facilities, which complies with each of the criteria stated in § 100-502 of the Zoning Bylaw.
A use or detached building which is subordinate to the main
use or building and located on the same lot with the main building
or use, the use of which is customarily incidental to that of the
main building or to the use of the land. Where a substantial part
of the wall of an accessory building is part of the wall of a main
building or where an accessory building is attached to the main building
in a substantial manner, it shall be considered as a part of the main
building.
The production of plants, animals, or their products, principally
for use or consumption by the property owner, or the incidental sale
of those products by the property owner.
[Added 5-8-2023 ATM by
Art. 20]
Raising and keeping of common, domestic female chicks and
hens (no roosters) for personal consumption and enjoyment. Limited
to six per lot, and must be physically contained within a dedicated
space of, at minimum rate, four square feet per hen.
[Added 11-17-2014 STM
by Art. 7]
An owner-occupied residence that offers sleeping accommodations
and breakfast to lodgers in six or fewer rooms, with such lodgers
staying for fewer than 30 consecutive days.
[Amended 5-8-2023 ATM by Art. 20]
Any motor vehicle, trailer, or semi-trailer designed or used
to carry freight, passengers for a fee, equipment, or merchandise
in the furtherance of any commercial enterprise.
[Added 5-8-2023 ATM by
Art. 20]
A use which is conducted within a residential dwelling which
is clearly incidental and secondary to residential occupancy.
A building, a modular unit, or portion thereof designed exclusively
for residential occupancy, including single-family, two-family, and
multiple-family dwellings, but not including motels, hotels, boardinghouses,
trailers, or structures solely for the use of transient or overnight
occupants.
Any number of individuals living together as a single housekeeping
unit.[1]
Any parcel or land which is used primarily for the raising
of agricultural products, livestock, poultry, and dairy products.
It includes necessary farm structures within the prescribed limits,
and the storage of equipment used.
The vertical measurement from grade to the highest point
of the roof beams in flat roofs; to the highest point on the deck
of mansard roofs; to a level midway between the level of the eaves
and highest point of pitched roofs or hip roofs; or to a level 2/3
of the distance from the level of the eaves to the highest point of
gambrel roofs. For this purpose, the level of the eaves shall be taken
to mean the highest level where the plane of the roof intersects the
plane of the outside wall on a side containing the eaves.
[Added 5-8-2023 ATM by Art. 20]
A home-based business owned by a person who resides on the
premises, carried out wholly or in part by this person for a gain,
where such business is clearly incidental and secondary to use of
the premises as a dwelling.
[Added 5-8-2023 ATM by
Art. 20]
An establishment where dogs or cats are boarded for compensation,
or where dogs or cats are bred for sale purposes.
[Added 5-8-2023 ATM by
Art. 20]
A single area of land in one ownership defined by metes and
bounds or boundary lines in a deed or in a plan recorded in the Worcester
County Registry of Deeds.
The horizontal area within the exterior lines of the lot,
exclusive of any area in a public or private way open to public uses.
[Added 5-8-2023 ATM by
Art. 20]
Any new development that will create eight or more residential
lots or dwelling units.
An entity licensed to cultivate, process, and package marijuana,
to deliver marijuana to marijuana establishments, and to transfer
marijuana to other marijuana establishments; but not to consumers.
[Added 4-30-2018 STM
by Art. 2]
A marijuana cultivator, independent testing laboratory, marijuana
product manufacturer, marijuana retailers, or any other type of licensed
marijuana-related businesses.
[Added 4-30-2018 STM
by Art. 2]
An entity licensed to obtain, manufacture, process, and package
marijuana and marijuana products, to deliver marijuana and marijuana
products to marijuana establishments, and to transfer marijuana and
marijuana products to other marijuana establishments, but not to consumers.
[Added 4-30-2018 STM
by Art. 2]
Products that have been manufactured and contain marijuana
or an extract of marijuana, including concentrated forms of marijuana
and products composed of marijuana and other ingredients that are
intended for use of consumption, including without limitation edible
products, beverages, topical products, ointments, oils, and tinctures.
[Added 4-30-2018 STM
by Art. 2]
A development of two or more compatible land uses, such as
residential, office, retail, recreational, and commercial.
[Added 11-17-2014 STM
by Art. 7]
A lot or parcel of land that was of record and lawfully established
and maintained but which, because of the enactment of these Zoning
Bylaws, no longer conforms to the land-use standards or use regulations
of the zone in which it is located.
[Added 5-8-2023 ATM by
Art. 20]
A structure which does not conform to Article IV, Dimensional Requirements, of this bylaw.
A use of land existing at the time of the effective date
of this bylaw, or any amendment thereto, which does not conform to
the regulations as to use in the district in which it is situated.
A registered marijuana dispensary that is located off-site
from the cultivation/processing facility (and controlled and operated
by the same registered and approved entity which operates an affiliated
RMD) but which serves only to dispense the processed marijuana, related
supplies and educational materials to registered qualifying patients
or their personal caregivers in accordance with provisions of 105
CMR 725.000 and/or MGL c. 941.
[Added 5-9-2016 ATM by
Art. 14; amended 4-30-2018 STM
by Art. 2]
A use operated by an entity registered and approved by the
MA Department of Public Health in accordance with 105 CMR 725.00 and/or
the Cannabis Control Commission (CCC) in accordance with MGL c. 94I,
and pursuant to all other applicable state laws and regulations, also
to be known as a medical marijuana treatment center, that acquires,
cultivates, possesses, processes (including development of related
products such as food, tinctures, aerosols, oils, or ointments), transfers,
transports, sells, distributes, dispenses, or administers marijuana,
products containing marijuana, related supplies, or educational materials
to registered qualifying patients or their personal caregivers. An
RMD shall explicitly include facilities which cultivate and process
marijuana and related products. The cultivation and processing of
medical marijuana in accordance with these regulations is considered
to be a manufacturing use and is not agriculturally exempt from zoning.
[Added 5-9-2016 ATM by
Art. 14; amended 4-30-2018 STM
by Art. 2; 5-8-2023 ATM by Art. 20]
An entity licensed to purchase and deliver marijuana and
marijuana products from marijuana establishments and to deliver, sell,
or otherwise transfer marijuana and marijuana products to marijuana
establishments and to consumers.
[Added 4-30-2018 STM
by Art. 2]
Any words, lettering, figures, images, symbols, colors, numerals,
emblems, devices, trademarks, or trade names, or any combination thereof,
by which anything is made known and which is designed to attract attention
or convey a message.
[Added 5-8-2023 ATM by
Art. 20]
A single-family detached dwelling containing one housekeeping
unit only, together with accessory buildings, including a garage for
not more than three automobiles.
An establishment where horses are boarded for compensation,
or where horses are bred or raised for sale purposes.
[Added 5-8-2023 ATM by
Art. 20]
A public way or a way having, in the opinion of the Planning
Board, sufficient width, suitable grades, and adequate construction
to provide for the proposed use of the land abutting thereon or served
thereby.
Anything constructed or erected, the use of which requires a more or less permanent location on the ground, or attached to something having a permanent location on the ground (for the definition of "structure" regarding floodplain management purposes, please see § 100-805).
[Added 5-8-2023 ATM by
Art. 20]
The purpose for which land or buildings is occupied, or maintained,
arranged, designed or intended.
Permission to depart from these bylaws when, because of special
circumstances applicable to the property, as defined by MGL c.40A,
§ 10, strict application of the provisions of these bylaws
deprives such property of privileges enjoyed by other properties in
the vicinity which are under identical zoning.
[Added 5-8-2023 ATM by
Art. 20]
An unoccupied space open to the sky on the same lot with
a building or structure. The drawing below illustrates the positions
of the front, side and rear yards:
|
STREET
| ||
|
FRONT
| ||
|
SIDE
|
BUILDING
|
SIDE
|
|
REAR
|
The sale of personal property conducted on a residential lot of land or in a building thereon. Term shall include garage sales, rummage sales or other similar sales, which are advertised by a sign or other means, for the public to attend, in all zoning districts. Such sale shall not be more than two consecutive days, per permit, per § 60-3. There must be a five-day period between successive yard sales at any one lot or building. All evidence of the yard sale must be removed after each yard sale.
[Added 11-28-2018 STM
by Art. 10]
[1]
Editor's Note: The former definition of "farm," which immediately
followed this definition, was repealed 5-8-2023 ATM by Art. 20. See
now "agricultural use, residential," above.
A.
Continuation and change. Any structure or the use of any building or land which does not conform to the requirements of Article III, Use Regulations, or Article IV, Dimensional Requirements, included herein, and which was existing at the time of enactment of this bylaw, may be continued. However, once changed to conform with such provisions, in whole or in part, it shall not subsequently revert to nonconformity.
B.
Nonconforming structures. The following regulations shall apply to
nonconforming structures:
(1)
Altered/Enlarged. A nonconforming structure may be altered or
enlarged, provided that such alteration or enlargement does not increase
the extent of the nonconformity of such structure.
(2)
Damaged/Destroyed. A nonconforming structure which has been
damaged or destroyed by fire or other catastrophe may be repaired
or reconstructed, provided that the repair or reconstruction in no
way increases the extent of nonconformity of such structure.
C.
Nonconforming use of buildings or land.
(1)
Extension of nonconforming use of land. The nonconforming use
of land shall not be extended beyond the boundaries of the property
so used at the time of enactment of this bylaw, or of applicable subsequent
amendment therein.
(2)
Enlargement of a building housing a nonconforming use. A building
which houses a nonconforming use may be enlarged upon issuance of
a special permit by the Board of Appeals, provided that:
(a)
Detrimental/Injurious effect: such enlargement shall not increase
any existing detrimental or injurious effect of said use upon the
neighborhood.
(b)
Boundaries: such enlargement shall not be extended beyond the
boundaries of the property on which the building is situated at the
time of enactment of this bylaw.
A.
Parking spaces. Two off-street parking spaces shall be provided for
each dwelling or for each dwelling unit in a two-family or multiple-family
dwelling.
