Town of Millbury, MA Article 3 GENERAL REGULATIONS

Section 31 Adult Uses Bylaw.

[Bylaws of 5-7-1996, Art. 78]

31.1 Authority and Purpose.

This bylaw is enacted pursuant to MGL, Chapter 40A, Section 9A, and pursuant to the Town's authority under the Home Rule Amendment to the Massachusetts Constitution to serve the compelling Town interests of preventing the clustering and concentration of adult entertainment enterprises as defined herein because of their deleterious effect on adjacent areas and in response to studies demonstrating their effect in generating crime and blight.

31.2 Definitions.

ADULT DANCE CLUB

An establishment which, as its principal form of entertainment, permits a person or persons to perform in a state of nudity as defined in MGL, Chapter 272, Section 31, and which excludes minors by virtue of age.

ADULT ENTERTAINMENT ENTERPRISES

To include Adult Retailers, Adult Dance Clubs, and Adult Theaters as defined herein.

ADULT RETAILERS

An establishment having as a substantial or significant portion of its stock in trade devoted to books, magazines, videotapes, CD-ROMs, implements, or other matter or paraphernalia which are characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in MGL, Chapter 272, Section 31, and which excludes minors by virtue of age.

ADULT THEATER

An enclosed building used for presenting material distinguished by an emphasis on matter depicting, describing, or relating to sexual conduct or excitement as defined in MGL, Chapter 272, Section 31, and which excludes minors by virtue of age.

31.3 Adult Entertainment Enterprises.

Adult entertainment enterprises may be allowed in Business II Districts only by Special Permit granted by the special permit granting authority as provided under Article 1, Section 14, of the Millbury Zoning Bylaws in conformance with the following controls:

1. No adult entertainment enterprise shall be located less than 500 feet from the property boundary lines of any residential district.

2. No adult entertainment enterprise shall be located less than 1,000 feet from the property boundary lines of any lots in religious facility use.

3. No adult entertainment enterprise shall be located less than 1,000 feet from the property boundary lines of any lots in public or non-profit school, library, park, playground, or recreational use or in other areas in which large numbers of minors regularly travel or congregate.

4. No adult entertainment enterprise shall be located less than 1,000 feet from any other adult entertainment enterprise.

5. No pictures, publications, videotapes, movies, covers, or other implements, items, or advertising that fall within the definition of adult entertainment enterprise merchandise or are erotic, prurient, or related to violence, sadism, or sexual exploitation shall be displayed in the windows of, or on the building of, any adult entertainment enterprise, or be visible to the public from pedestrian sidewalks or walkways or from other areas, public or semi-public, outside such establishments.

6. A special permit under this section shall not be issued to any person convicted of violating the provisions of Section 63 of Chapter 119 or Section 28 of Chapter 272, MGL.

31.4 Severability.

Each provision of this bylaw shall be construed as separate to the end that if any provision or sentence, clause, or phrase thereof shall be held invalid for any reason, the remainder of that section and all other sections shall continue in full force and effect.

Section 32 Dimensional Regulations and Exceptions.

[Bylaws of 5-27-1975, Art. 86(3); Bylaws of 4-2-1977, Art. 65, s. 2; Bylaws of 4-1-1978, Art. 40; Bylaws of 4-3-1982, Art. 52; Bylaws of 6-4-1983, Art 5; Bylaws of 6-6-1989, Art. 75, s. 6; Bylaws of 6-6-1989, Art. 76, s. 7; Bylaws of 6-6-1989, Art. 78, s. 9; Bylaws of 5-7-1991, Art. 52; Bylaws of 5-2-2006, Art. 47; Bylaws of 5-5-2009, Art. 37; Bylaws of 5-5-2009, Art. 38]

32.1 Exemptions.

Certain lots in subdivisions or in separate ownership are exempt from some of these requirements through Section 6 of Chapter 40A, General Laws. In addition, lots in nonresidential districts and/or to be built upon for nonresidential use shall enjoy the same exemption as if being built upon for residential use in a residential district.

32.2 Yards.

Article 2 notwithstanding, no building need provide a front yard larger than the average of the front yards of all existing buildings within 600 feet on the same side of the street.

32.3 Street Lines.

Where no street line has been established or can be readily determined, such line shall be assumed to be 25 feet from the center of the traveled roadway for the purpose of applying this bylaw.

32.4 Corner Vision.

No sign, opaque fence, hedge, or similar obstruction shall be permitted to block vision at eye level (2 1/2 to eight feet above street grade) between streets within 20 feet or less from their intersection.

32.5 Splitting Two-house Lots.

Any lot on which more than one dwelling legally existed at the time of adoption of this provision may be divided and sold to separate owners provided that such division be made so as to create the minimum of non-conformance, provided that each resulting lot contains a dwelling, and provided that each dwelling has at least twenty-foot frontage on a right-of-way to a public way.

32.6 One Structure Per Lot.

No more than one residential structure shall be erected on any lot, except that more than one multifamily structure may be placed on a lot if the Planning Board, in its deliberations on an application for a special permit for multifamily dwellings under Section 14.11.1, determines that each such multifamily structure will be served by access equivalent to that required for single- or two-family structures on separate lots under the rules and regulations governing the subdivision of land in Millbury, Massachusetts. Not more than one principal nonresidential structure shall be erected on a lot unless each such structure is served by access determined by the Building Inspector to be functionally equivalent to that required for separate lots by the Planning Board under its Subdivision Regulations.

32.7 Dwelling Equivalents.

Each two guest units in a hotel or motel, each four beds in a hospital or nursing home, and accommodations for four persons in a boarding house, residential social service facility, dormitory, or other group living arrangement shall be considered equivalent to a dwelling unit in determining required lot area.

32.8 

Special Density Provisions.

For multifamily dwellings in the Business I District, the lot area requirements of the Business II District shall apply, except that the special permit granting authority may grant a special permit for a reduction provided that the following are complied with:

1. At least 20% of the lot area shall be maintained with lawns, shrubs, or other vegetative cover.

2. The lot area provided shall not be less than 12,500 square feet, and also not less than the smaller of:

a. One thousand two hundred fifty square feet per dwelling unit, plus 500 square feet per bedroom, plus the ground coverage for any nonresidential use; or

b. For new structures only, 75% of the lot area per dwelling unit presently provided on the site, in cases where the site is presently occupied by a dwelling.

32.9 Accessory Structures.

All accessory structures, including swimming pools (in ground, above ground, hot tubs and spas), sheds over 120 square feet, and decks shall meet all minimum yard setback requirements for the applicable district.

32.10 Conformity of Lots.

No lot, yard, frontage, required open space, or parking area shall be so reduced or maintained that yards, other open spaces, total lot area, or parking areas shall be smaller than prescribed by this bylaw. After the date of adoption of this bylaw, land in all districts shall be subdivided so that every lot conforms to this bylaw.

32.11 Required Yards Cannot Be Used by Another Building.

No part of a yard, parking space, or other open space required for any building or use for the purpose of complying with the provisions of this bylaw shall be included as part of a yard, parking space, or other open space required under this bylaw for another building except as provided in Section 32.10.

32.12 Odd-Shaped Lots Prohibited.

No building permit shall be issued for any new construction on a lot which has a regularity factor of less than 0.4. The regularity factor shall be determined by the formula:

Regularity

=

16 x Land Area (in square feet) Perimeter2 (in feet)

That part of the lot area in excess of the required lot area may be excluded from the Regularity Formula in determining the regularity factor. The perimeter containing the excess area shall not include the required frontage. The Regularity Formula shall not apply to lots of record as of the date of adoption of this section.

Section 33 Parking and Loading Requirements.

[Bylaws of 5-4-1974, Art. 92; Bylaws of 9-30-1974, Art. 8(IV); Bylaws of 4-2-1977, Art. 67, s. 1,2; Bylaws of 4-1-1978, Art. 40; Bylaws of 10-7-1986, Art. 8; Bylaws of 6-6-1989, Art. 70, s. 1; Bylaws of 6-6-1989, Art. 71, s. 2; Bylaws of 5-5-2009, Art. 33]

33.1 General.

Adequate off-street parking must be provided on paved surfaces to service all parking demand created by new construction, whether through new structures or additions to old ones, and by change of use of existing structures. Such parking shall be either on the same premises as the activity it services, or within 500 feet on a separate parcel, which may be used jointly with other premises for this purpose. In applying for a building or use permit, the applicant must demonstrate that the following minimums will be met unless these are reduced on special permit from the special permit granting authority upon determination that special circumstances render a lesser provision adequate for all parking needs.

33.2 Schedule of Requirements.

Non-residential uses in the Business I District are exempt from these requirements (parking) if having a public entrance located within a 200-foot walking distance of an existing municipal off-street parking lot.

Dwellings: one space per two dwelling units if serving subsidized elderly housing, two spaces per dwelling unit and three spaces per two-bedroom, multifamily dwelling unit. One additional space per bedroom shall be added for each multifamily dwelling unit containing an excess of two bedrooms.

Motel, motor court, lodging house: one space per guest unit.

Offices, stores: one space per 200 square feet gross leasable floor area, but not fewer than three spaces per retail establishment.

Restaurant, place of assembly: one space per four seats.

Bowling alley: four spaces per lane.

Nursing home, hospital: one space per four beds.

Industrial, wholesale: one space per 1 1/4 employees per shift.

Others individually determined.

33.3 

Parking Area Design.

No off-street parking area shall be maintained within 10 feet of a street line. Within a required front yard no parking area or driveway shall be located closer to a side lot line than the required side yard setback. Single-family residences shall not share egress. For parking areas of six cars or more the following shall apply:

1. Parking area use shall not require backing onto a public way.

2. Center lines of driveways serving 20 or more parking spaces, if egressing onto a major street, shall observe separations and visibility requirements as follows:

	Industrial II	All Other Districts
Separation
Other such driveways
Same side of road	400 ft. minimum	200 ft. minimum
Opposite side of road	0 or 250 ft. minimum	0 or 125 ft.
Intersecting street sideline	250 ft.	125 ft.
Visibility
In each travel direction	400 ft.	200 ft.

In the Industrial I and Industrial II Districts, no existing parcel shall be divided into lots with frontage which would preclude meeting the separation requirements unless access rights-of-way are provided to enable compliance.

3. Such parking lots shall be screened from any abutting residential use by densely planted shrubs or a fence.

4. In a Residential or Suburban District, no such parking lot shall extend into a required yard.

5. In an Industrial II District - Industrial Park, driveway separation distances on the same side of the road and on opposite sides of the road shall be determined by the special permit granting authority through Section 14.11.1, site plan review.

33.4 Loading Requirements.

Adequate off-street loading facilities and space must be provided to service all needs created by new construction, whether through new structures or additions to old ones, and by change of use of existing structures. Facilities shall be so sized and arranged that no trucks need back onto or off a public way, or be parked on a public way while loading or unloading, or waiting to do so.

Section 34 Signs.

[Bylaws 6-8-2004, Art. 46; Bylaws 5-3-2005, Art. 50; Bylaws of 5-2-2006, Art. 48; Bylaws of 5-5-2009, Art. 45; Bylaws of 5-5-2009, Art. 46; Bylaws of 5-5-2009, Art. 47; Bylaws of 5-4-2010, Art. 21; Bylaws of 5-7-2013, Art. 18; Bylaws of 5-7-2013, Art. 19; Bylaws of 5-7-2013, Art. 20; Bylaws of 5-7-2013, Art. 21; Bylaws of 5-7-2013, Art. 22; Bylaws of 5-2-2017, Art. 28; Bylaws of 5-2-2017, Art. 29; Bylaws of 6-23-2020, Art. 31]

34.1 Purpose and Applicability.

The purpose of this section is to protect the safety and orderly development of the community through the regulation of signs and sign structures. The orderly development of the community requires striking a balance between the needs of businesses to advertise, and the desire of residents to maintain an aesthetically pleasing environment. The regulation of signs is an important element in promoting local business while ensuring a safe and attractive community. This section regulates any device intended to convey a message that may be viewed by the public from any street. This section shall not regulate traffic and directional signs, or any sign installed or required by the Town of Millbury, the Commonwealth of Massachusetts, the United States of America, or any unit of these respective governments.

34.2 General Provisions.

1. Conformance to Codes. Any sign hereafter erected shall conform to the provisions of this bylaw and the provisions of the Building Code and any other applicable bylaw or regulation within the Town of Millbury.

2. Signs in Rights-of-Way. No sign other than an official traffic sign or similar sign shall be erected within two feet of the lines of any street, or within any public way, except as authorized in Section 34.2.3.

3. Projections over Public Ways.

a. Signs projecting over public walkways may do so only pursuant to a Special Permit from the Planning Board and subject to a minimum height of 10 feet from grade level to the bottom of the sign. Signs, architectural projections, or sign structures projecting over vehicular access areas must conform to the minimum height clearance limitations imposed by the Town of Millbury for such structures.

b. Banners extending over streets or walkways are permitted in the Business I Zone only, by Special Permit from the Board of Selectmen, which approval shall be granted only for banners related to an event of community interest.

4. Traffic Visibility. No sign or sign structure shall be erected at the intersection of any street in such a manner as to obstruct free and clear vision, nor at any location where by its position, shape, or color it may interfere with or obstruct the view of or be confused with any authorized traffic sign, signal or device.

5. Computation of Frontage. If a premise contains walls facing more than one property line or encompasses property frontage bounded by more than one street, the sign area(s) for each building wall or property frontage will be computed separately for each building wall or property line facing a different frontage. The sign area(s) thus calculated may then be applied to permitted signs placed on each separate wall or property line frontage, set forth in Table 34.6.1.

6. Electronic Message Centers (EMCs) and Changeable Messages. Changeable signs, manually activated, are permitted in all business and industrial zones. EMCs are allowed by special permit in all business and industrial zones. Elements to be reviewed and regulated in allowing a special permit shall include, but not be limited to, the following:

a. The intensity of illumination shall not exceed the standards set by Illuminating Engineering Society's (IES) publication TM-11-00, and International Sign Association (ISA) electronic message display brightness guide as most recently updated. Freestanding EMCs are prohibited in the Business I Zone.

b. Freestanding changeable signs, electrically activated, are prohibited in the Business I Zone.

7. Maintenance, Repair or Removal. Every sign permitted by this bylaw shall be kept in good condition and repair. When any sign becomes insecure, in danger of falling, or is otherwise deemed unsafe by the Building Inspector, or if any sign shall be unlawfully installed, erected, or maintained in violation of any of the provisions of this bylaw, the owner thereof or the person or firm using same shall, upon written notice by the Building Inspector forthwith in the case of immediate danger, and in any case within not more than 10 days, make such sign conform to the provisions of this bylaw, or shall remove it. If within 10 days, the order is not complied with, the Building Inspector may remove or cause such signs to be removed at the expense of the owner and/or the user of the sign. In the case of immediate danger to public safety, the Building Inspector shall have the authority to immediately remove or cause to be removed any sign, at the expense of the owner. Such removal shall occur only after the Building Inspector has contacted, or attempted to contact the owner of the sign. The Building Inspector shall have sole and exclusive authority to determine that a sign poses a threat of immediate danger to public safety.

8. Nonconforming Signs. Any sign legally existing at the time of the passage of this bylaw that does not conform in use, location, height, or size with the regulations of the zone in which such sign is located shall be considered a legal non-conforming use or structure and may continue in such status until such time as it is either abandoned or removed by its owner, subject to the following limitations:

a. No sign shall be structurally altered unless it is made to conform to this bylaw.

b. No billboard and no temporary sign shall be considered to be a legal nonconforming sign.

9. Off-Premises Signs. Off-premises signs are necessary to promote those commercial or other activities that, due to location, may require greater visibility than that which is available on premises. However, the needs of such businesses or activities must be balanced against the need for an uncluttered landscape, especially in residential and rural areas of the Town. The following regulations govern the use of off-premises signs:

a. No business shall be permitted more than three off-premises signs.

b. No off-premises sign shall exceed six feet in height.

c. The total area of off-premises signs for any business shall not exceed 12 square feet in the aggregate.

d. Off-premises signs for home occupations are prohibited.

e. Off-premises signs shall be placed on private property only. In applying for a permit for an off-premises sign, the applicant shall furnish evidence of the approval of the owner of the property upon which the sign is to be placed. No property shall contain more than one off-premises sign.

10. Wayfinding Signs. Wayfinding signs are deemed essential to the orderly growth of the community, and especially the downtown area. Wayfinding signs shall be permitted for groups of three or more users, with designs and locations approved by the Board of Selectmen. When located on public property, users shall pay an annual fee to the Town of Millbury, which fee shall be established and amended from time to time by the Board of Selectmen.

11. Illuminated Signs.

a. No sign shall be illuminated except during the hours of operation of the business to which the sign refers, or until 10:00 p.m., whichever is later.

b. Electric signs shall display the Underwriter's Laboratory approval seal, or shall display the manufacturer's name, and the voltage and amperage used.

12. Obsolete Sign Copy or Abandoned Signs. Any sign that no longer advertises or identifies a use conducted on the property on which said sign or signs are attached or erected or free standing must have such sign or signs removed within 30 days after written notification form the Building Inspector. Painting, taping over or installing faces in reverse does not constitute removal.

34.3 Exempt Signs.

The following signs shall be exempt from the provisions of this bylaw. No sign shall be exempt from the requirements set forth in Section 34.4.1.

1. Official notices authorized by a court, public body, or public safety official.

2. Directional, warning or information signs authorized or required by federal, state, or municipal governments.

3. Memorial plaques, building identification signs and building cornerstones when cut or carved into a masonry surface or when made of noncombustible material and made an integral part of the building or structure.

4. The flag of a government or noncommercial institution, such as a school.

5. Religious symbols and seasonal decorations within the appropriate holiday season.

6. Street address signs, and combination nameplate and street address signs attached to a building, which contain no advertising copy and which do not exceed six square feet in area.

7. Historical markers.

8. Construction signs of 32 square feet or less.

9. Nameplates of one square foot or less.

10. Real estate sings limited to one sign per property, not greater than four feet in height and six square feet in area.

11. Political Signs; provided they meet any applicable size, height, and location requirements.

34.4 Prohibited Signs.

The following are specifically prohibited:

1. Signs located in such a manner as to obstruct or otherwise interfere with an official traffic sign, signal or device, or which obstruct or interfere with a driver's view of approaching, merging or intersecting traffic.

2. Except as provided in Sections 34.2.3 and 34.7.3, signs encroaching upon or overhanging any street or public right-of-way.

3. No sign shall be attached to any utility pole, light standard, street tree or any other public facility located within the public right-of-way.

4. Signs that blink, flash or are animated by lighting in any fashion, except for Electronic Message Centers (EMCs) as described in Section 34.2.6.

5. Portable signs, except for temporary signs as set forth in Section 34.6.4.

6. Advertising vehicles or any sign attached to, or placed on, a vehicle or trailer parked on any public or private property, except for signs meeting the following conditions:

a. The primary purpose of such vehicle or trailer is not the display of signs.

b. The signs are magnetic, decals, or painted upon an integral part of the vehicle or equipment as originally designed by the manufacturer, and do not break the silhouette of the vehicle.

c. The vehicle or trailer is in operating condition, currently registered and licensed to operate on public streets when applicable, and actively used or available for use in the daily function of the business to which such signs relate.

7. Balloons, streamers, pennants, or pinwheels, except those temporarily displayed as part of a special sale, promotion or community event, as set forth in Section 34.6.4.c. For the purposes of this subsection, "temporarily" means no more than 30 days in any calendar year.

8. Any sign constructed upon or attached to the roof of a building or structure. For the purposes of this subsection, the face of a mansard roof or fascia shall not be considered to be a part of the roof.

9. Billboards are prohibited.

10. Signs of any kind on public property, without the express written approval of the public entity in control of such property.

34.5 Permits.

1. Permits Required. Unless specifically exempted, a permit must be obtained from the building inspector for the erection of all signs erected or maintained within the Town of Millbury, and in accordance with all other applicable regulations and bylaws of the Town. Exemptions from the necessity of securing a permit, however, shall not relieve the owner of the sign from responsibility for its erection and maintenance in a safe manner, and in a manner in accordance with all the other provisions of this bylaw. The permit application shall be accompanied by the written consent of the owner or lessee of the premises upon which the sign is to be erected.

2. Construction documents. Any sign 12 feet or over in height above adjoining grade, or any freestanding sign or any projecting sign with an area over 60 square feet, or any marquee sign shall have structural drawings and specifications, including foundations, prepared by a registered professional engineer. The Building Inspector shall have the authority to waive or modify this requirement if he believes that public safety can be achieved through alternative methods.

3. Electrical Signs. An electrical permit shall be required for all illuminated signs in conformance with 780 CMR 3102.13.2.

4. Changes to Signs. No sign shall be structurally altered, enlarged or relocated except in conformity to the provisions herein, nor until a proper permit, if required, has been secured. The changing copy, business names, lettering, sign faces, colors, display and/or graphic matter, or the content of any sign shall not be deemed a structural alteration.

5. Permit Fees. Permit fees to erect, alter, enlarge or relocate a sign shall be in accordance with the fee schedule adopted by the Board of Selectmen.

34.6 Specific Sign Requirements.

1. Size and Height Requirements. Signs are permitted in all zones in accordance with the size and height restrictions set forth in Table 34.6.1. In residential zones, wall signs are measured in square feet. In all other zones, wall signs are measured as a percentage of the wall space upon which the sign is placed. In all cases, "wall" refers to an exterior wall of a building facing a street or a public way. For shopping centers, planned industrial parks or other multiple occupancy nonresidential building, the building face or wall shall be calculated separately for each separate occupancy.

Table 34.6.1 Signs Permitted by Zone
Sign Type	Zone
	R I - III	SI - IV	BV	EMB	BI	B II	II - III
Maximum Size/Max Height	s/h	s/h	s/h	s/h	s/h	s/h	s/h
Wall Maximum Height	6 ft.	6 ft.	20 ft.	20 ft.	20 ft.	25 ft.	35 ft.
Wall Maximum Size	4 sf	4 sf	15%/300 sf**	15%/300 sf**	15%/300 sf**	25%/500 sf**	30%/600 sf**
Freestanding Size/Height	6 sf/6 ft.	6 sf/8 ft.	Not permitted	32 sf/6 ft.	32 sf/6 ft.	60 sf/15 ft.	80 sf/20 ft.

Notes:
*	Requires a Special Permit from the Planning Board.
**	Percentage of wall area up to a maximum size.

2. Calculation of Sign Size. For freestanding signs, internally illuminated signs, and any other sign with an identifiable border, the entire face of one side of the sign shall be measured. For all other signs, the area of the sign shall be calculated by drawing the smallest possible rectangle or rectangles around the sign copy. Illustrations of specific sign types and the methods used to calculate sign sizes are shown in the Appendix.[1]

[1] Editor's Note: Said appendix is included as an attachment to this title.

3. Directional signs. One directional sign shall be permitted per street entrance to any lot. There shall be no limit to the number of directional signs providing directional information interior to a lot. In residential zones, the maximum area for directional signs shall be four square feet. For all other zones, the maximum area for any directional sign visible from adjacent property or rights-of-way shall be 12 square feet. Not more than 25% of the area of any directional sign may be devoted to business identification or logo, which area shall not be assessed as identification sign area.

4. Temporary Signs.

a. Development and construction signs. Signs temporarily erected during construction to inform the public of the developer, contractors, architects, engineers, the nature of the project, or anticipated completion dates, shall be permitted in all zoning districts, subject to the following limitations:

i. Such signs on a single residential lot shall be limited to one sign, not greater than four feet in height and 16 square feet in area and shall be set at least 10 feet from the street lot line.

ii. Such signs for a residential subdivision or multiple residential lots shall be limited to one sign, at each entrance to the subdivision or on one of the lots to be built upon, and shall be no greater than eight feet in height and 32 square feet in area and shall be set back at least 10 feet from the street lot line.

iii. Such signs for commercial or industrial projects shall be limited to one sign per street front, not to exceed eight feet in height and 32 square feet for projects on parcels five acres or less in size, and not to exceed 12 feet in height and 100 square feet for projects on parcels larger than five acres and shall be set back at least 10 feet from the street lot line.

iv. Development and construction signs shall be removed not later than 10 days following issuance of an occupancy permit for all or any portion of the project.

b. Special promotions, event and grand opening signs. Portable signs and other signs temporarily displayed to advertise special promotions, events and grand openings shall be permitted for all business and industrial zones, subject to the following requirements and limitations:

i. Such signs shall be limited to one sign per street front.

ii. The aggregate area of all such signs shall not exceed 64 square feet.

iii. Such signs shall not be internally illuminated.

iv. Such signs require a permit from the building inspector.

c. Portable signs. Portable signs shall be permitted in all Business and Industrial Zones, and only in conjunction with a special event or promotion as provided in Section 34.6.4.c, subject to the following limitations:

i. No more than one such sign may be displayed on any property. Such sign shall not exceed a height of six feet or an area of 32 square feet in the Business I Zone; such signs in other permitted zones shall not exceed a height of 12 feet or an area of 60 square feet.

ii. No portable sign shall contain any component that moves or flashes.

iii. No portable sign shall be displayed prior to obtaining a sign permit.

d. Political signs. Political signs shall be permitted in all zoning districts, subject to the following limitations:

i. Election-specific political signs to be displayed 60 days prior to election and removed three days after the election.

e. General.

i. No temporary sign shall be displayed for more than 90 days in any calendar year.

ii. No temporary sign shall be placed within the right-of-way of any street.

iii. No temporary sign shall be placed in a manner that may obstruct traffic visibility.

34.7 Requirements for Specific Sign Types.

1. Marquee signs.

a. The copy area of marquee signs shall be counted toward the permitted area for wall signs.

b. Graphic striping, patterns or color bands on the face of a building, marquee, or architectural projection shall not be included in the computation of sign copy area.

2. Canopy and Awning signs.

a. The copy area of canopy and awning signs shall not exceed an area equal to 25% of the background area of the canopy, awning or awning surface to which such sign is affixed or applied, or the permitted area for wall or fascia signs, whichever is less.

b. Neither the background color of a canopy or awning, nor any graphic treatment or embellishment thereto such as striping, patterns or valances, shall be included in the computation of sign copy area, except as set forth in Section 34.7.2.d.

c. For the purpose of calculating the permitted size and height of a sign, awning signs shall be considered as wall signs, and they shall count toward the permitted area for all wall signs.

d. In the Business I Zone, the entire area of a back-lit awning, regardless of whether the awning contains any advertising copy, shall count toward the allowed wall signage.

3. Projecting signs.

a. Projecting signs shall be permitted in lieu of freestanding signage, limited to one sign per occupancy along any street frontage with public entrance to such occupancy.

b. No such sign shall extend vertically above the highest point of the building facade upon which it is mounted.

c. Such signs shall not extend over a public sidewalk in excess of 2/3 of the width of the sidewalk, and shall comply with the requirements set forth in Section 34.2.3 of this bylaw.

4. Under Canopy Signs.

a. Under canopy signs shall be limited to no more than one such sign per public entrance to any occupancy, and shall be limited to an area not to exceed eight square feet. The size of such sign shall be included in the allowable computation of wall signs.

b. Such signs shall maintain a clear vertical distance above any sidewalk or pedestrian way a minimum of 10 feet.

5. Window signs. Window signs shall be permitted in all business and industrial zones, subject to the following limitations:

a. The aggregate area of all such signs shall not exceed 25% of the window area on which such signs are displayed. Window panels separated by muntins or mullions shall be considered as one continuous window area.

b. Window signs that are electrically operated shall be assessed against the sign area permitted for other sign types. All other window signs shall not be assessed against the permitted sign area.

34.8 Signs for Development Complexes.

1. Master Sign Plan Required. All single-owner controlled multiple-occupancy non-residential or mixed-use development complexes on parcels exceeding four acres in size shall submit to the Planning Board a master sign plan prior to issuance of new sign permits. The master sign plan shall establish standards and criteria for all signs in the complex that require permits, and shall address, at a minimum, the following:

a. Proposed sign locations;

b. Materials;

c. Type of illumination;

d. Design of freestanding sign structures;

e. Size;

f. Height;

g. Quantity;

h. Uniform standards for non-business signage, including directional and informational signs.

2. Development Complex Sign. In addition to the freestanding business identification signs otherwise allowed by this bylaw, every multiple-occupancy development complex shall be entitled to one freestanding sign per street front, at the maximum size permitted for business identification freestanding signs, to identify the development complex. No business identification shall be permitted on a development complex sign. Any freestanding sign otherwise permitted under this bylaw may identify the name of the development complex.

3. Compliance with Master Sign Plan. All applications for sign permits for signage within a multiple-occupancy development complex shall comply with the master sign plan.

4. Special Permit Required. The Planning Board shall act upon all applications for master sign plans through the special permit process. Special permits for master sign plans shall be reviewed concurrently with the site plan approval process. In their review of master sign plans, the Planning Board shall consider the following:

a. The relationship of the proposed signage to the overall development, as well as to surrounding properties.

b. The extent to which the proposed signage is compatible with the proposed architecture.

c. The use of appropriate landscaping to complement the proposed sign designs.

5. Waiver from Underlying Requirements. The Planning Board shall have the authority to modify or waive specific sign regulations related to a master sign plan if it finds that such modification or waiver results in a superior master sign plan design.

Section 35 Environmental Controls.

[Bylaws of 3-17-1973; Bylaws of 9-30-1974, Art. 8(v); Bylaws of 5-27-1975, Art. 82; Bylaws of 5-27-1975, Art. 85; Bylaws of 4-1-1978, Art. 40; Bylaws of 4-5-1980, Art. 75; Bylaws of 10-7-1986, Art. 3]

35.1 Disturbances.

No use shall be allowed if it will cause sound, noise, vibration, odor, or flashing (except for warning devices, temporary construction work, assemblies of people, or other special circumstances) perceptible without instruments more than 400 feet from the boundaries of the originating premises in an Industrial I District, or if more than 200 feet from the boundaries of the originating premises if in an Industrial II or Business District. The Building Inspector may require applicants to provide evidence of probable compliance, either through engineering analysis or example of a comparable facility. Issuance of a permit on the basis of that evidence shall certify the Town's acceptance of the conformity of the basic structure and equipment, but future changes in equipment or operating procedures must be such as to also comply with these standards.

35.2 Water Body Protection.

1. Other provisions notwithstanding, no building or parking area shall be located within 50 horizontal feet of the normal bank of any stream or river having a year-round running flow of water, or of any lake or pond with surface of 1,000 square feet or more of water 11 months of the year.

2. The peak flood channel of any year-round stream or river shall not be reduced by filling.

3. No person shall remove, fill, dredge, or build upon any bank, marsh, swamp or flat borders on inland waters without a Special Permit from the Special Permit granting authority. Such permit shall be issued only upon determination that the requirements of the Wetlands Protection Act (Chapter 131, Sec. 40, MGL) have been satisfied, and that such removal, filling, dredging, or construction will not pose hazard to health or safety.

35.3 Pollution Control.

All requirements of Article XI of the sanitary code of the Department of Public Health and all regulations of the Central Massachusetts Air Pollution Control District shall be strictly complied with by all uses, and evidence of compliance shall be required when issuing permits.

35.4 Screening.

Open storage and loading or service areas shall be screened from any adjacent residence or public way by plantings or fences. Junk, trash, or debris shall be confined out of sight or disposed of.

35.5 Hazard.

No use shall be allowed which would create hazard due to explosion, fire, or other causes. Potentially hazardous conditions shall be fenced, covered, or removed to prevent injury.

35.6 Vegetation Removal.

No area of an acre or larger shall have existing vegetation clear-stripped or be filled six inches or more such as to destroy existing vegetation unless in conjunction with agricultural activity, or unless under a currently valid building permit, or unless within streets designated on an approved subdivision plan; or unless a special permit is approved by the special permit granting authority, on condition that runoff will be controlled, erosion avoided, and either a constructed surface or natural vegetation will be provided within a reasonable period, for the assurance of which a bond may be required.

35.7 Fences.

No fence, wall, or hedge shall exceed six feet in height, and no fence shall exceed 30 inches in height within any required front yard area or within 20 feet of the street, whichever is the lesser requirement, except that the special permit granting authority may grant a Special Permit for higher fences in cases where such will not endanger health or safety, or unreasonably impair vision or circulation of air.

Section 36 Floodplain District Requirements.

[Bylaws of 4-7-1979, Art. 55; Bylaws of 4-5-1980, Art. 75; Bylaws 6-8-2004, Art. 43; Bylaws of 6-7-2011, Art. 27; Bylaws 6-7-2011 A.T.M. Art. 27; Bylaws of 5-6-2014, Art. 43]

36.1 Purposes.

The purposes of this district (in addition to those enumerated elsewhere in this zoning bylaw) are:

1. To provide that lands in the Town of Millbury subject to seasonal or periodic flooding as described hereinafter shall not be used for residence or other purposes in such a manner as to endanger the health, safety, or welfare of the occupants thereof, or of the public generally, or so as to burden the public with costs resulting from unwise individual choices of land use.

2. To assure the continuation of the natural flow pattern of the watercourses within the Town, in order to provide adequate and safe floodwater storage capacity to protect against the hazards of flood inundation.

36.2 District Delineation.

The Floodplain District is herein established as an overlay district and includes all special flood hazard areas within the Town of Millbury designated as Zone A and AE on the Worcester County Flood Insurance Rate Maps (FIRMs), issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels of the Worcester County FIRMs that are wholly or partially within the Town of Millbury are panel numbers 25027C0804E, 25027C0807E, 25027C0808E, 25027C0809E, 25027C0812E, 25027C0814E, 25027C0816E, 25027C0817E, 25027C0820E, 25027C0826E, 25027C0828E, and 25027C0836E dated July 4, 2011. The exact boundaries of the district shall be defined by the 100-year base flood elevations show on the FIRM and further defined by the Worcester County Flood Insurance Study (FIS) report dated July 4, 2011. The FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk, Planning Board and Building Inspector.

In Zone A, and AE, along watercourses that have not had regulatory floodway designated, the best available federal, state, local or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

Base flood elevation data is required for subdivision proposals or other developments greater than 50 dwelling units or five acres, whichever is the lesser, within the unnumbered A zones.

In Zones AE, along watercourses within the Town of Millbury that have a regulatory floodway designated on the Worcester County FIRMs, encroachments are prohibited in the regulatory floodway which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

36.3 Usages Within a Floodplain District.

1. The Floodplain District is established as an overlay district to all other districts. All development in the district, including structural and non-structural activities, whether permitted by right or by special permit, must be in compliance with Chapter 131, Section 40, of the Massachusetts General Laws and with the following:

a. Section of the Massachusetts State Building Code which addresses floodplain and coastal high hazard areas (currently 780 CMR 120.G, "Flood Resistant Construction and Construction in Coastal Dunes");

b. Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00);

c. Inland Wetlands Restriction, Department of Environmental Protection (DEP) (currently 310 CMR 13.00);

d. Minimum Requirements for Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5).

2. In the Floodplain District no new buildings shall be erected or constructed except by Special Permit from the Special Permit granting authority, nor shall existing buildings be enlarged or moved except as hereinafter provided. No dumping, filling, or earth transfer or relocation shall be permitted, and no land or building shall be used for any purpose except:

a. Conservation of water, plants, and wildlife;

b. Outdoor recreation, including play areas, nature study, boating, fishing, and hunting where otherwise legally permitted, but excluding buildings and structures;

c. Wildlife management areas, foot, bicycle, and/or horse paths and bridges, provided such uses do not affect the natural flow pattern of any water course;

d. Grazing and farming, including truck gardening and harvesting of crops;

e. Forestry and nurseries;

f. Temporary non-residential structures used in connection with fishing or growing, harvesting, storage or sale of crops raised on the premises;

g. Maintenance, repair, reconstruction, and additions of up to 50% of market value of buildings lawfully existing prior to the adoption of these provisions;

h. Installation of driveways of minimum size necessary to serve areas outside the Floodplain District, where other access is not feasible, provided no change in grade exceeds one foot vertically.

3. In addition, the following uses are specifically prohibited and may not be allowed by Special Permit:

a. The storage or disposal of any soil, loam, peat, sand, gravel, rock, or other mineral substance, refuse, trash, rubbish, debris, or dredged spoil;

b. Draining, excavation, or dredging, or removal or relocation of loam, peat, sand, gravel, soil, rock, or other mineral substance, except as accessory to work permitted as of right or by special permit;

c. The storage or disposal of materials used for snow and ice control including sand, salt and other deicing chemicals;

d. The storage or disposal of hazardous wastes, as defined by the hazardous waste regulations promulgated by the hazardous waste board, the water resources commission, and the division of water pollution control, under the provisions of Sections 27(8), 52, 57, and 58 of Chapter 21 of the General Laws.

4. The portion of any lot within the area delineated in Section 36.2 above may be used to meet the area and yard requirements for the district or districts in which the remainder of the lot is situated.

5. In a riverine situation, the applicant shall provide evidence that they have notified the following when any alteration or relocation of a watercourse is proposed:

a. The Chief Executive Officers and Conservation Commissions of all adjacent towns (Auburn, Grafton, Oxford, Sutton, Worcester).

b. NFIP State Coordinator, Mass. Office of Water Resources.

c. NFIP Program Specialist, FEMA Region I.

36.4 Special Permits.

The special permit granting authority may consider and issue a special permit for uses, other than those occurring in the floodway, deviating from the regulations set forth in these bylaws only upon:

1. A showing of good and sufficient cause; and

2. A determination that the construction of a structure will be in conformance with the state building code (specifically those sections dealing with construction in floodplains) and will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud or victimization of the public, or conflict with existing local laws.

The special permit granting authority may require such additional requirements and conditions as it finds necessary to protect the health, safety, and welfare of the public or the occupants of the proposed use, or of the floodplain district.

The special permit granting authority shall provide notice of any hearings hereunder to the planning board, the board of health, and the conservation commission, and shall maintain a record of all special permit actions, including justification for their issuance and report such special permits in the annual report submitted to the federal insurance administration.

36.5 Disclaimer of Liability.

This zoning bylaw does not imply that land outside the areas of the Floodplain District or uses permitted within such district will be free from flooding or flood damage. This bylaw shall not create liability on the part of the Town of Millbury or by any official thereof for any flood damage that may result from reliance upon this bylaw or any administrative decision lawfully made thereunder.