Signs or advertising devices of any kind or nature shall not
be erected on any premises or affixed to the outside of any structure
or be visible from the outside of any structure except as permitted
in this section.
A.
General sign prohibitions. No sign shall be permitted if any part thereof moves, flashes or blinks, or involves any repeated mechanical or electrical motions. No sign shall be placed within or projecting over a public way, except marquees permitted in accordance with Subsection D(1)(b) below. No sign shall be affixed to a tree or other natural feature. No sign shall be illuminated in such a way to cause a distraction to drivers or cast a glare onto any residential premises. No sign shall be located within 10 feet of the street line or where it might create an obstruction to driving vision.
B.
Temporary permitted signs. One sign per entrance of up to 32 square feet pertaining to a subdivision while under development may be permitted. Signs, including streamers, posters, pennants and similar devices, relative to noncommercial campaigns, sales, promotions, drives, or other events of political, civic, philanthropic, educational or religious organizations, may be located, subject to the consent of property owners, for a time period not to exceed 60 days. Message signs pertaining to the lease or sale of a building/property, or indicating ongoing construction/alteration/painting, are not to exceed four square feet in area, and notwithstanding the location requirements of Subsection A may be located no less than two feet from the street line. Such signs must be removed within 10 days of transfer of title or of the signing of a lease or rental agreement.
C.
Permitted signs for agriculture and residential uses. The following
signs are permitted for agricultural and residential uses:
(1)
One
sign per dwelling, not to exceed two square feet in surface area.
(2)
One
sign, not to exceed four square feet in surface area, pertaining to
a permitted home occupation.
(3)
One
announcement sign for a bed-and-breakfast inn of not more than four
square feet in surface area.
(4)
Directional
signs not exceeding a size of six inches by 24 inches pertaining to
churches, schools and other public or noncommercial uses.
(5)
One
sign of not more than nine square feet pertaining to permitted buildings,
structures and uses on the premises other than dwellings or their
accessory uses.
(6)
Official
markers pertaining to state or national historical area districts
or places, not exceeding a surface area of four square feet.
D.
Permitted signs for commercial, automotive sales and service, industrial
uses.
(1)
The
following signs are permitted for commercial, automotive sales and
service and industrial uses:
(a)
One sign incorporated as part of a building wall, not to exceed
one square foot for each 100 square feet of floor area, with a maximum
of 100 square feet. The sign shall not project more than 12 inches
beyond the wall surface to which it is attached and shall not extend
beyond the roofline or edges of the wall to which it is attached.
(b)
A marquee over the principal entrance to a place of public assembly.
(c)
One freestanding sign, provided the aggregate area is not more than
60 square feet and the sign is not located in a required side or rear
yard.
(d)
One pole sign for each street frontage of an auto establishment,
car sales or other business, not more than six feet high and 60 square
feet in surface area.
(2)
Permitted signs for commercial, automotive sales and service
and industrial uses shall be related to the use on the lot on which
the sign is located.
E.
Exempt signs. The followings signs are exempt from the provisions
of this bylaw:
(1)
Traffic control signs installed per the State of Massachusetts
or Town of Millville.
(2)
Within a street's right-of-way, wayfinding or directional signs
to local educational, historic, and/or natural resource sites as permitted
by the Board of Selectmen for the Town of Millville.
(3)
Gateway signs and/or signs identifying the entry to an area
within the Town of Millville as permitted by the Board of Selectmen.
F.
Nonconforming signs. Signs that do not conform to the requirements
of this bylaw which are in existence as of the date of its adoption,
or any subsequent amendments thereto, are considered nonconforming,
and as such may not be enlarged, moved or have their character changed
or altered unless brought into conformance with the new requirements.
Nonconforming signs which are damaged as a result of vandalism or
accident may be replaced, repaired or re-erected in a manner consistent
with all aspects of their earlier nonconforming status without a permit.
G.
Administration. Unless indicated otherwise, no sign shall be erected without a sign permit issued by the Building Inspector. One sign permit shall be required for each sign. No sign permit shall be required for temporary permitted signs. Every application for a sign permit shall be accompanied by drawings or photographs of the proposed sign and location thereof, and such other relevant information as the Building Inspector may require. Within 30 days after receipt of the application, the Building Inspector shall approve or disapprove the application and so notify the applicant. For signage in excess of that which is permitted by this bylaw or for uses not identified by this bylaw, the Planning Board may grant a special permit in accordance with Article VI, § 100-606.
H.
Enforcement. This bylaw may be enforced by any means available in law or in equity, including noncriminal disposition in accordance with MGL c. 40, § 21D, and Chapter 1, General Provisions, Article I, § 1-3, of the Town Code. For purposes of noncriminal disposition, the enforcing officer shall be the Building Inspector. Any sign owner or owner of property on which a sign is located who violates, or permits a violation of these provisions shall be subject to a fine of $50 a day each day the violation continues after 30 days have elapsed since written notice of such violation is delivered by certified mail to the owner.
A.
Purpose and intent. The purpose and intent of permitting accessory
apartments is to allow a separate living area within and as part of
a single-family home to:
(1)
Enable
family members who choose to live in close proximity, but separate
from other family members, to remain within the family environment.
(2)
Provide
homeowners with the ability to care for a family member while keeping
a separate living area.
(3)
Provide
housing units for individuals hired to provide medical assistance,
custodial care, or child care for the occupant(s) of the primary dwelling;
protect stability, property values, and the residential character
of a neighborhood by ensuring that accessory apartments are only allowed
in single-family homes that are owner-occupied or an accessory building.
(4)
Make
it possible for the Town to monitor such additions for code compliance
and safety.
B.
Special permit required. The Planning Board may authorize an accessory
apartment by special permit in any residential district, provided
that each of the following standards are met:
(1)
The accessory apartment shall be located in a single-family
detached dwelling, or in an existing accessory building, and only
one accessory apartment shall be allowed per single-family dwelling
lot.
(2)
Such accessory apartment shall be occupied by not more than
three persons related to the family owning and residing in the dwelling;
or such accessory apartment shall be occupied by not more than two
domestic employees of the family owning and residing in the dwelling.
(3)
The Planning Board shall be satisfied that, upon the termination
or expiration of the special permit, the facilities of such accessory
apartment can readily be removed or, alternatively, reintegrated with
the dwelling to produce an allowed use of the property.
(4)
The gross floor area of such accessory apartment shall not exceed
the lesser of 800 square feet or 30% of the gross floor area of the
primary residential dwelling (including any addition thereto for such
unit).
[Amended 5-8-2017 ATM
by Art. 11]
(5)
The installation of such accessory apartment and any use thereof
shall be permitted only upon the issuance of a special permit by the
Planning Board in compliance with the procedures set forth in the
Millville Zoning Bylaw.
(6)
The special permit for an accessory apartment occupied by persons
related to the family owning and residing in the dwelling may be issued
for the duration of such occupancy. Such permit shall require the
filing of a sworn affidavit by the permit holder with the Town Clerk
certifying such occupancy every four years or at such other time as
the Planning Board may require.
(7)
No special permit for an accessory apartment occupied by domestic employees shall be issued for a period of more than two years but may be renewable for like periods thereafter in accordance with the procedures set forth in Subsection B(6) above.
(8)
Such special permit shall automatically terminate upon the sale,
transfer or other change in ownership of the property of which such
accessory apartment forms a part unless the property is being purchased
with the intent to continue the use. In such case, the new owner shall
make an application to transfer the special permit or for the issuance
of a new special permit, which must be submitted to the Planning Board
within 60 days of the sale or transfer of the property.
(9)
The Building Inspector may, in addition to other remedies, order
the alteration of the accessory apartment in order to bring about
compliance with the Zoning Bylaw if the lawful use of such accessory
apartment under this bylaw has expired or been terminated.
(10)
The applicant for a special permit for such accessory apartment
shall file with the Planning Board such plans, specifications and
other instruments concerning the proposed accessory apartment and
the subsequent use thereof as the Planning Board may reasonably require
by general rule or by request to the applicant.
A.
Home occupation with resident employee. A home occupation of a resident owner, or a resident tenant with the owner's permission, shall be permitted as a matter of right in those zoning districts specifically referenced in Article III, § 100-302, Schedule of Use Regulations, provided that all of the following conditions are met:
(1)
The home occupation occupies not more than one room;
(2)
There are no nonresident employees on the premises;
(3)
Business is conducted on the premises with only one client or
customer physically present at a time;
(4)
There shall be no external evidence of the home occupation;
(5)
Traffic, including traffic by commercial delivery vehicles,
shall not be generated in greater volumes than would normally be anticipated
in a residential neighborhood of the zoning district;
(7)
No hazard or nuisance, including offensive noise, vibrations,
smoke, dust or other particulate matter, odors, heat, glare, humidity,
and noxious fumes, shall be created to any greater or more frequent
extent than would normally be expected in the neighborhood under normal
circumstances wherein no home occupation exists.
B.
Home occupation with nonresident employee. A home occupation of a resident owner, or a resident tenant with the owner's permission, may be permitted by issuance of a special permit from the Planning Board in those zoning districts specifically referenced in Article III, § 100-302, Schedule of Use Regulations, provided that all of the following conditions are met:
(1)
The use of the dwelling unit, or, where permitted, an accessory
structure, by the resident for business is incidental and subordinate
to its use for residential purposes and occupies no more than 25%
of the gross floor area or 500 square feet, whichever is less, within
the dwelling unit on the premises.
(2)
No more than one nonresident employee shall be permitted on
the premises.
(4)
Traffic, including traffic by commercial delivery vehicles,
shall not be generated in greater volumes than would normally be anticipated
in a residential neighborhood of the zoning district.
(5)
No hazard or nuisance, including offensive noise, smoke, dust,
odors, heat, glare, noxious fumes or vibrations, shall be created
to any greater or more frequent extent than would normally be expected
in the neighborhood under normal circumstances wherein no home occupation
exists.
(6)
There shall be no display of goods or outside storage.
(7)
Parking for the home occupation shall be accommodated on-site.
A.
Accessory use. Bed-and-breakfast inns are permitted as an accessory
use to a single-family dwelling. The dwelling shall be the primary
residence of the owner or manager.
B.
Exterior alterations. No exterior alterations shall be made to the
building other than those required to ensure the safety of the structure
or to provide improved accessibility for the handicapped.
C.
Parking. Parking shall be provided at the rate of one space per guest
room in addition to that required for the principal residential use.
D.
Proposed signage plans. The applicant shall submit a plan showing
the location, wording, dimensions, and construction materials of any
proposed signs. If the building is located in a local, state, or national
inventory of historic structures, this plan shall be forwarded to
the Historical Commission, which shall have 35 days to submit its
comments to the Planning Board. The Board may waive other applicable
sign provisions of this bylaw if necessary to provide adequate notice
to tourists of the use and location of the facility.
A.
Purpose. The purpose of this section is to assist in reducing the
incompatibility between abutting land uses, to provide barriers and
relief from traffic noise, heat, glare, and dust and to preserve and
enhance the character of the Town of Millville.
B.
Applicability. This section applies to those land uses permitted by special permit as authorized by Article III, § 100-302(C), Commercial, § 100-302(D), Automotive sales and service, and § 100-302(E), Industrial.
C.
Residential buffers. A buffer is required when such uses are proposed
adjacent to a residence or vacant land zoned for residential use.
This may be achieved by using any of the following:
(1)
A vegetative screen with plantings not less than three feet
in width and not less than six feet in height at commencement of the
use. At least 50% of the plantings shall consist of evergreens, and
they shall be evenly spaced along the full length of the screened
section. No screen should be closer than 10 feet to a public or private
way.
(2)
A berm, a minimum of five feet high, with no slope greater than
3:1, planted with trees and shrubs so that the ground is completely
covered with vegetation.
D.
Utility areas. Where utility or service areas, such as dumpsters,
fuel storage facilities or exterior materials storage, are proposed,
they shall be screened from view of the street and nearby properties
by a row of trees and shrubs at least six feet high at the time of
planting, or by a solid wall or fence complemented with suitable plantings.
E.
Fences and walls. Any fence exceeding seven feet requires a building
permit issued from the Building Department. Fences located at intersections
or where the line of sight distance is impaired for the average height
vehicle cannot exceed four feet in height.
[Amended 11-28-2018 STM
by Art. 12]
F.
Lighting. All lighting should be appropriate to the building and
its surroundings in terms of style, scale, and intensity of illumination.
Low-wattage systems are recommended, and site lighting should be shielded.
Necessary security lighting will be considered on an individual basis.
