In this bylaw the following terms shall have the following meanings, unless a contrary meaning is required by the context or is specifically prescribed.
Any sign or sign structure which has not been used for the display of sign copy for more than 30 days, or that no longer identifies or advertises a location, product, or activity conducted on the premises upon which the sign is located.
A building or use customarily incidental to and located on the same lot with the principal building or use, except that if more than 30% of the floor area or 50% of the lot area is occupied by such use, it shall no longer be considered accessory.
Any registered or unregistered vehicle or trailer having attached thereto or located thereon any sign or advertising device which advertises a product, business, or service, or directs people to a business or activity located on any premises. This definition does not include the identification of a firm or its products on a vehicle operated during the normal course of business. Franchised buses and taxis are specifically excluded from this definition.
A sign employing actual motion or the illusion of motion. Animated signs, which are differentiated from changeable signs as defined and regulated by this code, include the following types:
Environmentally Activated: Animated signs or devices motivated by wind, thermal changes, or other natural environmental input. Includes spinners, pinwheels, pennants and pennant strings, and/or other devices or displays that respond to naturally occurring external motivation.
Mechanically Activated: Animated signs characterized by repetitive motion and/or rotation activated by a mechanical system powered by electric motors or other mechanically induced means.
Electrically Activated: Animated signs producing the illusion of movement by means of electronic, electrical, or electromechanical input and/or illumination capable of simulating movement through employment of the characteristics of one or both of the classifications noted below:
Flashing: Animated signs or animated portions of signs whose illumination is characterized by a repetitive cycle in which the period of illumination is either the same as or less than the period of non-illumination.
Patterned Illusionary Movement: Animated signs or animated portions of signs whose illumination is characterized by simulated movement through alternate or sequential activation of various illuminated elements for the purpose of producing repetitive light patterns designed to appear in some form of constant motion.
Geological formation composed of sand and gravel that contains significant amounts of potentially producible potable water.
A decorated or marked surface with a slightly raised or carved design or lettering.
Any projection that is not intended for occupancy and that extends beyond the face of an exterior wall of a building but that does not include signs as defined herein. See also: "Awning;" "Back-lit Awning;" and "Canopy, Attached and Freestanding."
In accordance with 651 CMR 12.02 any entity, however organized, whether conducted for profit or not for profit, which meets all of the following criteria:
Provides room and board;
Provides, directly by employees of the entity or through arrangements with another organization which the entity may or may not control or own, assistance with activities of daily living for three or more adult residents who are not related by consanguinity or affinity to their care provider; and
Collects payments or third party reimbursements from or on behalf of residents to pay for the provision of assistance with the activities of daily living or arranges for the same.
An architectural projection or shelter projecting from and supported by the exterior wall of a building and composed of a covering of rigid or non-rigid materials and/or fabric on a supporting framework that may be either permanent or retractable, including such structures which are internally illuminated by fluorescent or other light sources.
A sign displayed on or attached flat against the surface or surfaces of an awning. See also: "Wall or Fascia Sign."
An awning with a translucent covering material and a source of illumination contained behind or within its framework.
A flexible substrate on which copy or graphics may be displayed.
A sign utilizing a banner as its display surface.
A private, owner-occupied residence with up to six guestrooms. The bed and breakfast is subordinate and incidental to the main residential use of the building. Individual guests are prohibited from staying at a particular bed and breakfast establishment for more than 90 days in any one-year period.
Any inhabitable room in a dwelling, other than a living room, dining room, kitchen, utility room, or bath if such room exceeds 60 square feet.
A very large board erected by the roadside or attached to a building, used for displaying advertisements. Also, a sign to which M.G.L. Chapter 93, Section 30, applies.
A building with up to five rooms used for lodging, with or without meals, for compensation.
The entire side of a building, from ground level to roofline, as viewed perpendicular to the walls on that side of the building.
The vertical distances from the mean finished grade of the ground adjoining the building to the highest point of the roof (or parapet) for flat or shed roofs, to the deck line for mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs. Not included are spires, cupolas, TV antennae, or other parts of structures which do not enclose potentially habitable floor space.
To exclude junk yards.
A multi-sided overhead structure or architectural projection supported by attachment to a building on one or more sides and either cantilevered from such building or also supported by columns at additional points. The surface(s) and/or soffit of an attached canopy may be illuminated by means of internal or external sources of light.
A multi-sided overhead structure supported by columns, but not enclosed by walls. The surface(s) and/or soffit of a freestanding canopy may be illuminated by means of internal or external sources of light.
A sign affixed to the visible surface(s) of an attached or freestanding canopy.
A sign with the capability of content change by means of manual or remote input, including signs which are:
Manually Activated: Changeable sign whose message copy or content can be changed manually.
Electrically Activated: Changeable sign whose message copy or content can be changed by means of remote electrically energized on-off switching combinations of alphabetic or pictographic components arranged on a display surface. Illumination may be integral to the components, such as characterized by lamps or other light-emitting devices; or it may be from an external light source designed to reflect off the changeable component display. See also: "Electronic Message Sign or Center."
A sign which is supported partly by a pole and partly by a building structure.
An occurrence open to the general public, and organized by (or in cooperation with) a public agency or civic organization located within the Town of Millbury.
A method of ownership whereby individual(s) or entity(ies) own one or more dwelling units in a multifamily structure or project. Said owner(s) of such dwelling unit may have an undivided interest in the common areas and facilities that serve the unit or project, such as land, roofs, floors, main walls, stairways, lobbies, halls, parking areas, driveways, recreation areas, open space areas and natural landscaped and/or conservation areas. Said owner may take title to his individual dwelling unit or units, vote on a proportional basis in all aspects of his undivided interest in common areas, be taxed separately by the Town for the individual dwelling unit and may have a mortgage on the individual dwelling unit.
Those letters, numerals, figures, symbols, logos, and graphic elements comprising the content or message of a sign, excluding numerals identifying street address only.
Any facility operated on a regular basis whether known as a day nursery, nursery school, kindergarten, child play school, progressive school, child development center, or pre-school, or known under any other name, which receives children not of common parentage under seven years of age, or under 16 years of age if such children have special needs, for non-residential custody and care during part or all of the day separate from their parents or legal guardians.
A freestanding sign identifying a multiple-occupancy development, such as a shopping center or planned industrial park which is controlled by a single-owner or landlord, approved in accordance with Section 34.8 of this bylaw.
Any sign that is designed and erected for the purpose of providing direction and/or orientation for pedestrian or vehicular traffic.
A sign with two faces, back-to-back.
A building or part of a building used exclusively as the living quarters for one or more families.
A building or portion of a building providing living quarters for a single family.
A self-contained dwelling unit, complete with its own sleeping, cooking, and sanitary facilities, that is subordinate in size to the principal dwelling unit, located substantially within the structure of a detached single-family dwelling or a building accessory thereto and functions as a separate unit.
Premises containing three or more dwelling units, irrespective of ownership or tenure.
Premises accommodating a single dwelling unit.
Any sign activated or illuminated by means of electrical energy.
An electrically activated Changeable Sign whose variable message capability can be electronically programmed.
A sign with a slightly raised or carved surface.
Combined Heat and Power (CHP) or electric and hydrogen powered vehicles and associated technologies including advanced batteries and recharging stations.
Energy whose supply is replenished through natural processes and, subject to those natural processes, remains relatively constant, including, but not limited to, solar, wind, hydroelectric, geothermal, and biomass conversion, and excluding those sources of energy used in the fission and fusion processes.
Any sign placed outside a building.
Any number of individuals related by blood or marriage, or not more than eight persons not so related living and cooking together in a single housekeeping unit.
See "Wall Sign."
Any piece of cloth or other flexible material, attached to a staff, pole, or other structure, with distinctive colors, patterns, or symbolic devices, used as a symbol for a government, corporation, or other organization, public or private.
See "Animated Sign, Electrically Activated."
The sum of the gross horizontal area of the several floors of a building and its accessory building on the same lot, including the area of basements, not more than 50% below grade, roofed porches and roofed terraces, but excluding areas with less than six feet floor to ceiling height. All dimensions shall be measured between exterior faces of walls.
A sign principally supported by a structure affixed to the ground, and not supported by a building, including signs supported by one or more columns, poles, or braces placed in or upon the ground. For visual reference, see Article 3.[1]
The length of an exterior building wall or structure of a single premises oriented to the public way or other point of property access.
The length of the property line(s) of any single premises along a public way or other point of property access.
Course, including customary accessory buildings, where tee to hole distance averages not less than 80 yards and not more than 250 yards.
Course, including customary accessory buildings, where tee to hole distance averages not less than 250 yards.
See "Freestanding Sign."
All water found beneath the surface of the ground. In this bylaw, the term refers to the slowly moving subsurface water present in aquifers and recharge areas.
A small sign attached to a building identifying a person or event of historic significance related to the property.
A business or profession engaged in within a dwelling by a resident thereof as a use accessory thereto.
The actual hours when a building is open for business, and not more than one hour prior to opening or following closing.
A sign characterized by the use of artificial light, either projecting through its surface(s) (internally illuminated); or reflecting off its surface(s) (Externally illuminated).
Material on the ground that does not allow surface water to penetrate into the soil.
A laboratory that is licensed by the Cannabis Control Commission and is: 1) accredited to the most current version of the International Organization for Standardization 17025 by a third-party accrediting body that is a signatory of the International Laboratory Accreditation Accrediting Cooperation mutual recognition arrangement, or that is otherwise approved by the Cannabis Control Commission; 2) independent financially from any medical marijuana treatment center or any licensee or marijuana establishment for which it conducts a test; and 3) qualified to test marijuana in compliance with 935 CMR 500.160 and M.G.L. c. 94C, § 34.
A balloon or other gas-filled figure.
Any sign placed within a building, but not including Window Signs as defined by this bylaw. Interior Signs, with the exception of Window Signs as defined, are not regulated by this bylaw.
The use of any area of any lot, outside a building, for the storage, keeping or abandonment of junk, or scrap or discarded materials, or the dismantling, demolition or abandonment of automobile(s) or other vehicle(s) or machinery or parts thereof. To include a recycling facility.
One pack or collection of dogs on a single premises whether maintained for breeding, boarding, sale, training, hunting or other purposes and including any shop where dogs are on sale, and also including every pack or collection of more than three dogs, six months old or over, owned or kept by a person on a single premises irrespective of the purpose for which they are maintained.
LEED-certified buildings have demonstrated energy conservation and addressed concerns for site development, water savings, energy efficiency, materials selection and indoor environmental quality. Certification comes after compliance with the requirements of the LEED Green Building Rating System, a nationally accepted benchmark established by the U.S. Green Building Council. To receive LEED certification, a developer applies to the USGBC, documenting the building's compliance with LEED goals. Depending on the nature and use of the building, it must meet a basic set of prerequisites; to that, numerous credits are added, depending on the building's specific design and construction. Innovation is encouraged.
A continuous parcel of land with legally definable boundaries.
The horizontal area of the lot exclusive of any area in a street or recorded way open to public use. At least 90% of the lot area required for zoning compliance shall be land other than that under water nine months or more in a normal year, other than any resource area as specified in M.G.L. Chapter 131, Section 40, Parts 1 and 3, with revisions thereto, including all marshes, swamps, bogs or wetland areas, and other than land within utility transmission easements.
Percentage of total lot area covered by structures or roofed.
The continuous linear extent of a lot measured along the street right-of-way from the intersection of one side lot line to the intersection of the other side lot line of the same lot, or in the case of corner lots, between one side lot line and the midpoint of the corner radius, but not including frontage within utility or access roadway easements. When the lot is located on a cul-de-sac or curve with radius of 50 feet or less, the lot frontage may alternatively be measured at the required front setback line provided that 75% of the requirement can be met at the street right-of-way line.
All state-numbered highways (Routes 20, I-190, 122, 122A, and 146) Auburn Road, Carleton Road, Elm Street, Grafton Street, Greenwood Street, Howe Avenue, Martin Street, Millbury Avenue, McCracken Road east of Greenwood, North Main Street, Stone Road, Sutton Road, West Main Street, plus any street subsequently laid out with right-of-way width of 60 feet or more.
An inclined decorative roof-like projection that is attached to an exterior building facade.
A use engaged in the processing and manufacturing of materials or the manufacture from previously prepared materials, of finished products or parts, including processing, blending, fabrication, assembly, treatment, packaging, and incidental storage.
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.
A marijuana cultivator, independent testing laboratory, marijuana product manufacturer, marijuana retailer, or any other type of licensed marijuana-related business.
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 consumers.
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 or consumption, including edible products, beverages, topical products, ointments, oils, and tinctures.
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.
See "Canopy (Attached)."
See "Canopy Sign."
A freestanding sign orientated to the drive-through lane for a restaurant that advertises the menu items available from the drive-through window, and which has no more than 20% of the total area for such sign utilized for business identification.
A moveable or portable dwelling built on a chassis, designed for connection to utilities when in use, and designed without necessity of a permanent foundation for year-round living.
A freestanding sign not more than six feet in height, which is attached to the ground by means of a wide base of solid appearance.
Premises devoted primarily to retail sales of fuels and lubricants and/or washing of motor vehicles, with any repair services or other sales or services of secondary importance.
A sign containing three or more faces.
Premises owned or operated by the Town of Millbury or any agency or authority thereof, improved and maintained on a permanent basis, intended to serve parking needs of the general vicinity, as opposed to serving a single facility.
A permanent or temporary sign (including the structure to which it is attached) erected, maintained or used in the outdoor environment for the purpose of the display of commercial or noncommercial messages not appurtenant to the use of, products sold on, or the sale or lease of, the property upon which it is displayed.
A sign (and the structure to which it is attached) erected, maintained or used in the outdoor environment for the purpose of the display of messages appurtenant to the use of, products sold on, or the sale or lease of, the property on which it is displayed.
A licensed marijuana establishment other than a marijuana cultivator, independent testing laboratory, marijuana product manufacturer, or marijuana retailer.
A permanent or temporary sign and its supporting structure erected, maintained or used in the outdoor environment for the purpose of the display of commercial or noncommercial messages.
The extension of a building facade above the line of the structural roof.
Space adequate to park an automobile, not less than nine by 20 feet, plus means of access. Where spaces are not marked, each space shall be assumed to require 350 square feet. In off-street parking lots, parking spaces may be reduced to nine by 18 feet.
See "Freestanding Sign."
A temporary sign intended to advance a political statement, cause, or candidate for office. A legally permitted outdoor advertising sign shall not be considered to be a political sign.
Any sign not permanently attached to the ground or to a building or building surface.
A sign other than a Wall Sign that is attached to or projects more than 18 inches from a building face or wall or from a structure whose primary purpose is other than the support of a sign.
Communications or energy facilities operated by a public service corporation and regulated by the Massachusetts Department of Public Utilities.
A temporary sign advertising the sale, lease, or rental of the property or premises upon which it is located.
Areas composed of permeable, porous materials that allow significant infiltration and collection of precipitation or surface water and thereby transmit this water to aquifers.
A not-for-profit entity registered under 105 CMR 725.100, also known as a "Medical Marijuana Treatment Center," that acquires, cultivates, possesses, processes [including development of related products such as edible marijuana-infused products ("MIPs"), 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. Unless otherwise specified, RMD refers to the site(s) of dispensing, cultivation, and preparation of marijuana.
A facility primarily used for research, development and/or testing of innovative information, concepts, methods, processes, materials, or products. This can include the design, development, and testing of biological, chemical, electrical, magnetic, mechanical, and/or optical components in advance of product manufacturing. The accessory development, fabrication, and light manufacturing of prototypes, or specialized machinery and devices integral to research or testing may be associated with these uses.
A dwelling where care and supervision licensed, contracted, or supervised by a federal or state agency is provided to individuals who are handicapped, aged, disabled, or undergoing rehabilitation. Includes half-way houses, but not nursing homes or foster homes.
A sign that revolves 360 degrees about an axis. See also: "Animated Sign, Mechanically Activated."
The top edge of a peaked roof or, in the case of an extended facade or parapet, the uppermost point of said facade or parapet.
A sign mounted on, and supported by, the main roof portion of a building, or above the uppermost edge of a parapet wall of a building and which is wholly or partially supported by such building. Signs mounted on mansard facades, pent eaves, and architectural projections such as canopies or marquees shall not be considered to be roof signs.
Any device visible from a public place which displays either commercial or noncommercial messages by means of graphic presentation of alphabetic or pictorial symbols or representations. A sign also includes the structure to which the message is attached.
The area of the smallest geometric figure, or the sum of the combination of regular geometric figures, which comprise the sign face. The area of any double-sided sign shall be the area of the largest single face only. The area of a sphere shall be computed as the area of a circle. The area of all other multiple-sided signs shall be computed as 50% of the sum of the area of all faces of the sign. In the case of backlit or internally illuminated signs or awnings, the sign area shall consist of the entire illuminated area.
Those letters, numerals, figures, symbols, logos, and graphic elements comprising the content or message of a sign, exclusive of numerals identifying street address only.
The surface upon, against or through which the sign copy is displayed or illustrated, not including structural supports, architectural features of building or sign structures, nonstructural or decorative trim, or any areas that are separated from the background surface upon which the sign copy is displayed by a distinct delineation, such as a reveal or border.
In the case of panel or cabinet type signs, the sign face shall include the entire area of the sign panel, cabinet or face substrate upon which the sign copy is displayed or illustrated, but not open space between separate panels or cabinets.
In the case of sign structures with routed areas of sign copy, the sign face shall include the entire area of the surface which is routed, except where interrupted by a reveal, border, or a contrasting surface or color.
In the case of signs painted on a building, or individual letters or graphic elements affixed to a building or structure, the sign face shall comprise the sum of the geometric figures or combination of regular geometric figures drawn closest to the edge of the letters or separate graphic elements comprising the sign copy, but not the open space between separate groupings of sign copy on the same building or structure.
In the case of sign copy enclosed within a painted or illuminated border, or displayed on a background contrasting in color with the color of the building or structure, the sign face shall comprise the area within the contrasting background, or within the painted or illuminated border.
The height of a sign as measured from the ground to the highest point of the sign structure. For a sign placed on sloping or uneven terrain, the height of the sign shall be measured by determining the average ground elevation directly beneath the sign, and using that average elevation as the ground level.
Any structure supporting a sign.
A way providing legally sufficient frontage for subdivision of land under the requirements of General Laws Chapter 41, Section 81L.
Anything constructed or erected, the use of which requires fixed location on the ground, or attachment to something located on the ground, including swimming pools having capacity of 4,000 gallons or more and mobile homes, but not including walls or fences.
A sign intended to display either commercial or non-commercial messages of a transitory or temporary nature. Portable signs or any sign not permanently embedded in the ground, or not permanently affixed to a building or sign structure that is permanently embedded in the ground, are considered temporary signs. Banners, balloons, and pennants are temporary signs, regardless of the manner by which they are affixed to a building or to the ground.
A portable or demountable structure or a use or occupancy of land, in either case to be removed or discontinued within 12 months. A wind monitoring or meteorological tower as defined in Section 50.3 shall be removed within 36 months of installation.
A sign attached to the underside of a canopy or marquee.
Signs containing two faces of approximately equal size, erected upon common or separate structures, positioned in a "V" shape.
A sign painted directly upon the surface of a wall.
A sign that is in any manner affixed to any exterior wall of a building or structure and that projects not more than 18 inches from the building or structure wall, including signs affixed to architectural projections from a building provided the copy area of such signs remains on a parallel plane to the face of the building facade or to the face or faces of the architectural projection to which it is affixed. For visual reference and comparison examples of differences between wall or fascia signs and roof signs, see Article 3.[2]
A sign or series of signs located in a manner that provides orientation and direction to a destination or destinations within a specific geographic area.
A sign affixed to the surface of a window with its message intended to be visible to and readable from the public way or from adjacent property.
A required open space, unoccupied and unobstructed by any structure or portion of a structure, except the following:
A yard extending between lot side lines across the front of a lot adjacent to each street the lot adjoins.
A yard other than a front yard.
[1]
Editor's Note: See Appendix A, Illustrations of General Sign Types, which is referenced in Article 3 and included as an attachment to this title.
[2]
Editor's Note: See Appendix A, Illustrations of General Sign Types, which is referenced in Article 3 and included as an attachment to this title.