[Amended 5-7-2016 ATM
by Art. 39; 5-1-2021 ATM by Art. 29]
Parking shall be provided per the chart below unless otherwise
provided for in the Code of Lunenburg. When the computation of required
parking spaces results in a fractional space, any fraction over one-half
shall require one (1) space.
|
Accessory Dwelling
|
1 Parking Space*
|
|
Boardinghouse
|
1 space per sleeping accommodation plus 1 space per employee
on the largest shift
|
|
Single-Family Home; Two-Family Detached; Multifamily Dwelling;
Townhouse
|
2 spaces per dwelling unit*
|
|
Assisted Living
|
0.5 spaces per living unit plus 1 space per employee on the
largest shift
|
|
Charitable Institution; Government Building
|
Parking calculated per the most closely associated Use Category
to the function of the space, as determined by the Building Commissioner
|
|
Church; Educational Use
|
1 space per 5 seats in the largest assembly area
|
|
Hospital
|
1 space per 2 beds plus 1 space per employee on the largest
shift
|
|
Public Utility; Outdoor Entertainment; Golf Course; Drive-in
Theater
|
As required by Site Plan Approval
|
|
Water Supply
|
1 space
|
|
Indoor Entertainment
|
6 spaces per 1,000 square feet of net floor area
|
|
Restaurant; Private Club
|
1 space per 3 seats plus 1 space per employee on the largest
shift
|
|
Private Camp
|
1 space per 5 campers plus 1 space per overnight campsite plus
1 space per employee on the largest shift
|
|
Child Care Facility
|
1 space per 5 children plus 1 space per employee on the largest
shift
|
|
Adult Use
|
As required by the Special Permit Granting Authority
|
|
Auction House
|
1 space per 2 seats plus 1 space per employee on the largest
shift
|
|
Bed & Breakfast
|
1 space per sleeping room plus 1 space per employee, that does
not reside at the location, on the largest shift
|
|
Hotel; Motel
|
1 space per sleeping room plus 1 space per employee on the largest
shift. With a conference facility add 1 space per 200 square feet
of conference space, with a restaurant space add 1 space per 5 seats
in the restaurant.
|
|
Retail Establishment; Personal Improvement Service; Service
Establishment; Repair Shop; Pawn Shop; Laundry Service; Liquor Store
|
1 space per 250 square feet of net floor area
|
|
Marijuana Retailer; Registered Marijuana Dispensary
|
1 space per 200 square feet plus 1 space per employee on the
largest shift
|
|
Medical Clinic; Professional Office; Trade Shop
|
1 space per 300 square feet of net floor area
|
|
Mixed Use; Office Park; Shopping Center; Industrial Parks
|
Sum of the required parking for each use
|
|
Restaurant Carry-Out
|
1 space per 300 square feet of net floor area plus 1 space per
3 seats provided (indoor or outdoor) 1 space per employee on the largest
shift
|
|
Auto Sales; Equipment Sales
|
1 space per 500 square feet of sales floor and/or office plus
1 space per repair bay or work area, plus 1 space for each employee
on the largest shift, plus 1 space per vehicle, trailer and/or other
piece of rolling stock for sale
|
|
Auto Repair Facility; Boat Service Yard
|
2 spaces per repair bay or work area
|
|
Car Wash
|
1 space per vacuum or other external consumer equipment plus
1 space per employee on the largest shift
|
|
Construction Sales & Service
|
1 space per 250 sq. ft. of net floor area of sales floor, plus
1 space per 2,000 square feet of net floor area for the first 20,000
square feet of lumber or material storage plus 1 space for each additional
10,000 square feet of net floor area, plus 1 space per employee on
the largest shift
|
|
Contractor Yard
|
1 space per 300 square feet of net floor area of office plus
1 space per employee on the largest shift, plus 1 space per piece
of equipment or rolling stock
|
|
Equipment Repair
|
1 space per repair bay or work area
|
|
Fuel Service Station
|
1 space per fuel dispenser
|
|
Distribution; Manufacturing; Marijuana Cultivator; Marijuana
Product Manufacturer
|
1 space per 2,000 square feet of net floor area for the first
20,000 square feet plus 1 space for each additional 10,000 square
feet of net floor area or 1 space per employee on the largest shift,
whichever is greater.
|
|
Research Establishment; Marijuana Testing Facility; Marijuana
Researcher
|
1 space per 500 square feet of net floor area
|
|
Agriculture
|
One space per 1,000 square feet of display area whether indoors
or outdoors, plus 1 space per employee based on the largest work shift;
however, there shall be a minimum of 5 spaces.
|
|
Agricultural Sales & Service
|
1 space per 500 sq. ft. of sales floor/office plus 1 space for
each repair bay, plus 1 space for each employee on the largest shift
plus 1 space per vehicle, trailer or other rolling stock for sale.
|
|
Kennel; Veterinary Hospital
|
1 space per patient room plus 1 space per 3 kennel berths, plus
1 space per employee on the largest shift
|
|
Marijuana Transporter
|
1 space per employee on the largest shift plus 1 space per vehicle
used in the business operation
|
|
NOTE:
|
|
* Parking calculations shall not include spaces within a garage.
|
No building permit shall be approved for a new dwelling unit
until existing permanent or new permanent monuments, a minimum of
30 inches in length, have been installed defining a lot.
A.
A plan for a building permit for a new dwelling, retail commercial or commercial building shall contain a two-dimensional line drawing, drawn to scale, showing the location and the perimeter outline dimensions, street names and building lot area and shall be stamped and signed by a registered land surveyor. A copy, in duplicate, of said plan, bearing the stamp and signature of the registered land surveyor, shall be filed with the application for a permit and said copies shall show, in addition to the foregoing, existing structures on said lot and any proposed structures to be constructed thereon and, also, the front, rear and side yard dimensions from the lot line to the building, water supply sources, sanitary system and, where applicable, information pertaining to the requirements of § 250-6.1 hereof. The additional details to be shown on the plan copies may be inserted therein by the registered land surveyor or the applicant, provided that the plan copies shall disclose by whom such additional details were inserted; however, the official or board having authority to issue the permit applied for shall have the right to require that the additional details to be shown on the plan copies shall be inserted therein by a registered land surveyor and bear the stamp and signature of a registered land surveyor.
B.
A plan for a building permit to construct a detached accessory building,
utility shed or an addition to an existing structure shall contain
a two-dimensional line drawing, drawn to scale, showing the location
and perimeter outline dimensions of the lot, existing and/or proposed
structures and showing thereon the front, rear and side yard dimensions
from the lot line to the building, the building lot area, street names,
existing water supply source and sanitary system. Such plan need not
bear the stamp and signature of a registered land surveyor; provided,
however, that the official or board having authority to issue the
permit applied for shall have the right to require a lot outline plan
bearing the stamp and signature of a registered land surveyor. Submission
of a copy of said lot outline plan, in duplicate, showing the data
and details herein required shall be sufficient, provided that, in
any instance where it shall be required that a lot outline plan bear
the stamp and signature of a registered land surveyor, the copies
shall likewise bear such stamp and signature. In any case, it shall
not be necessary for the original lot outline plan to show the existing
structures or proposed structures or the rear and side yard dimensions
from the lot line to the building, nor the water supply source or
sanitary system.
A.
Purpose. The purposes of this section are:
B.
Procedure. Prior to any construction of a driveway, an owner shall
make written application for approval to the Building Commissioner.
Before approval is granted, the application shall be referred to the
DPW Director and, if necessary, the Conservation Commission.
C.
Off-street parking design standards; general parking and loading
provisions.
[Amended 5-7-2016 ATM
by Art. 39]
(1)
Location.
(a)
Required off-street parking spaces shall be provided on the same
lot as, and loading bays shall be provided next to, the principal
or accessory use they are required to serve.
(b)
No area may be utilized and counted as both a required parking space
and a required loading bay, without the approval of the Planning Board.
Shared parking/loading areas shall only be used for loading prior
to opening or after closing of all uses located on the site in question.
However, maneuvering aisles and driveways may serve both required
parking and loading bays if they meet the design standards of each.
Existing areas used for both parking and loading shall be counted
for loading purposes.
(c)
Required off-street parking spaces or loading bays may be wholly
or partly enclosed in a structure.
(d)
Off-street parking space required for two or more buildings, uses,
or establishments on a single lot may be provided in a common lot.
(2)
Driveways.
(a)
Each parking space and loading bay shall be connected by a driveway
to a street or to an interior drive that leads to a street.
(b)
The number of driveways permitting entrance to and exit from a lot
shall be limited to two per street line. Driveways shall be located
to minimize conflict with traffic on public streets and where good
visibility and sight distances are available to observe approaching
pedestrian and vehicular traffic.
(c)
All curb cuts and access driveways shall be located in the zoning
district in which the site's primary use is permitted.
(d)
The maximum grade of any outdoor driveway is 12%.
(e)
No driveway shall require that vehicles back out onto public or private
ways.
(3)
Setbacks.
(a)
Each parking space or driveway serving a one-family or two-family
dwelling shall be set back five feet from any side lot line and rear
lot line, with the exception of common driveways, and shall be designated
on a plan and is issued a building permit by the Building Commissioner.
(b)
No parking is permitted in the front yard other than in a designated
parking space or driveway.
(c)
All paved parts of all parking spaces, driveways and maneuvering
aisles shall be set back from any wall of a principal building and
from any lot line or zoning boundary line as indicated in the following
table:
|
District
|
Residential District Line
|
Street Line
|
All Other Lot Lines
|
Wall of Principal Building
| |
|---|---|---|---|---|---|
|
RA; RB; O; R; VCD
|
N/A
|
25
|
5
|
5
| |
|
LB/R
|
25
|
25
|
10
|
5
| |
|
RC; C
|
40
|
30
|
15
|
5
| |
|
OP/I
|
50
|
30
|
5
|
|
Exceptions to the Table are:
| ||
|---|---|---|
|
a.
|
One- and two-family homes.
| |
|
b.
|
A parking space located within a structure otherwise permitted
in such area.
| |
(d)
No parking space, internal driveway or loading bay, whether required
or otherwise provided, shall be located, wholly or partly, within
the right-of-way of a street.
(e)
All access to parking shall be by driveways meeting the requirements
of this section; curbs, wheel stops, screening or similar barriers
must be installed to prevent vehicles from being parked or driven
within required setback areas.
(4)
Screening
for parking.
(a)
In all residential and mixed uses, or on a lot in any district which
abuts or is across the street from a residential use, any outdoor
parking lot, all loading bays, maneuvering aisles and driveways shall
be screened in a manner to protect abutting lots from the glare of
headlights, noise and other nuisance factors.
(b)
Any parking lot, which is a principal use, must be screened along
driveways and around the entire perimeter of the parking lot. The
entrance to driveways, to the extent practicable, shall be located
on the side near nonresidential uses or on streets or highways leading
to nonresidential areas.
(c)
Screening shall consist of:
[1]
A strip of land at least four feet wide, densely planted with a combination
of shrubs, and trees, with or without earthen berms, which shall have
a combined height of at least four feet high at the time of planting
and which are of a type that may be expected to form a year-round
dense screen at least six feet high within three years;
[2]
A wall, barrier, or fence of uniform appearance at least five feet
high above finished grade. Such wall, barrier or fence may be opaque
or perforated, provided that not more than 50% of the face is open;
or
[3]
Any combination of [1] and [2] approved by the Planning Board through
site plan approval.
(d)
Such screening shall be maintained in good condition at all times.
Such screening or barrier may be interrupted by entrances or exists
and shall have no signs attached thereto other than those permitted
in the district.
(5)
Design
standards.
(a)
Dimensions.
[1]
Parking spaces and maneuvering aisles shall have the minimum dimensions
set forth in the following table and elsewhere in this subsection:
|
Table 1
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
S = Standard Parking Space
C = Compact Parking Space
| ||||||||
|
Angle of Parking
|
Width of Parking Space
(feet)
|
Depth of Parking Space2
(feet)
|
Width of Maneuvering Aisle
(feet)
|
Unit Parking Depth
(feet)
| ||||
|
S
|
C
|
S
|
C
|
S
|
C
|
S
|
C
| |
|
61° to 90°
|
91
|
8.51
|
19
|
15
|
22
|
20
|
60
|
50
|
|
46° to 60°
|
9
|
8.5
|
19
|
15
|
16
|
15
|
56
|
48
|
|
45°
|
9
|
8.5
|
19
|
15
|
14
|
13
|
53
|
47
|
|
Parallel
|
8
|
8
|
22
|
18
|
12
|
12
|
n/a
|
n/a
|
|
Notes:
|
|---|
|
1 Where one or both of the long
sides of a parking space abut a wall or similar obstruction, the width
shall be 12 feet.
|
|
2 Up to two feet of unpaved
landscaped space may be included in the depth, provided there are
no obstructions to the vehicle's overhang.
|
[2]
To count as a required parking space a parallel parking space shall
have maneuvering space at least 20 feet deep in front of it in an
aisle parallel to and abutting such parking space.
[3]
Where columns of a building or structure are located in a parking
lot (such as a parking garage under a building), no part of a column
may be within three feet of a maneuvering aisle or within the minimum
dimensions of a parking space.
[4]
The width of a driveway for one-way use shall be a minimum of 10
feet and for two-way use shall be a minimum of 20 feet and a maximum
of 30 feet, as measured at the setback line.
[5]
Where access or egress is provided for a parking lot, or one or more
loading bays, such access or egress shall be so arranged to provide
a circulation system or maneuvering space on the lot so that all vehicles
may exit from and enter onto a public street by being driven in a
forward direction, and no vehicle shall be required to enter or leave
by backing, and no vehicle shall have to stand within a street right-of-way
waiting to enter the lot.
(b)
Number of compact car spaces. In parking lots containing more than
20 spaces, not more than 33% of such spaces may be designed for use
by compact cars, Such compact car spaces shall be located in one or
more continuous areas and shall not be intermixed with spaces designed
for standard cars and shall be clearly designated by signs or pavement
marking. In parking lots with 20 or fewer parking spaces, spaces designed
for use by compact cars are not permitted.
(c)
Loading bays.
[1]
All required loading bays must have minimum dimensions as follows:
30 feet long, 12 feet wide and 14 feet high. Each loading bay shall
have a maneuvering space equal to its length. Where the long portion
of a loading bay abuts a wall, column or other obstacle, or in other
cases where the permitting authority requests, evidence shall be provided
that the loading bay and its maneuvering space are adequate to accommodate
large motor vehicles and trailers.
[2]
All required loading bays shall have an adequate travel aisle to
provide access. This may be separately located or through the parking
area. In either instance the "truck route" shall be clearly delineated
by signage or pavement marking. An adequate travel path shall provide
width and turning radii appropriate to a WB-55 or the largest truck
expected to deliver goods to the site, whichever is larger.
(d)
Marking. In a parking lot or loading area, the surface of the parking
lot or loading area shall be painted, marked or otherwise delineated
so that the location of the parking spaces and loading bays is apparent,
and signs shall be erected indicating that loading bays, and, if necessary,
compact or other reserved parking spaces, are reserved for such use.
Where 50% or more of the required parking spaces in a parking lot
are assigned, such as to individual employees or to dwelling units
in a dwelling, parking spaces for guests or visitors to the use or
establishment, not to exceed 10% of the required parking spaces, shall
be located and designated, by signage or pavement marking, as visitor
parking near the principal entrance to the building which they serve.
(e)
Availability. To ensure the availability and utilization of required
parking spaces and loading bays on a year-round basis:
[1]
Unless authorized by special permit or site plan approval, no fee
or other charge to the parker, in addition to a lease or purchase
agreement applicable to occupants generally, shall be made for a parking
space or loading bay required to serve a use, building, or establishment.
[2]
Each required off-street parking space and loading bay shall be designed
so that any motor vehicle may proceed to and from said space without
requiring the moving of any other vehicle or by passing over any other
space or bay.
[3]
Parking spaces for vehicles larger than automobiles, such as large
trucks or buses, shall be specifically identified on the off-street
parking and loading plan and shall be of such dimension as to accommodate
the specified type of vehicle. Such vehicles shall be permitted to
park only in the spaces so identified and approved.
(f)
Snow storage.
[1]
An aggregate area equal to, at a minimum 10% of the paved area shall
be set aside for snow storage. Snow storage shall be designated, at
a minimum, in two separate and distinct places on the property. These
areas shall be located on the submitted off-street parking and loading
plan.
[2]
In addition, snow storage shall be prohibited from:
(g)
Surfacing and drainage.
[1]
All required parking spaces and loading bays, maneuvering aisles,
and driveways shall have a durable, dustless, all-weather surface
suitable for year-round use, such as asphalt or concrete, and shall
dispose of surface water by grading and drainage in such a manner
that no surface water shall drain onto any public way or onto any
lot in other ownership.
[2]
It is the intent of this subsection that the paved surface of a parking
lot or loading area shall be limited to such areas as are necessary
for the parking spaces, loading bays, maneuvering aisles, and driveways
required to meet the provisions of this subsection. The off-street
parking and loading plan required by this section shall demonstrate
that all paved areas associated with a parking lot are necessary for
the storing, standing, or maneuvering of vehicles; the permitting
authority may deny the request for a permit when more area is paved
than is necessary to comply with the provisions of this subsection.
(h)
Grade. The maximum grade of any required maneuvering aisle, parking
space, or loading bay shall be 10%.
(i)
Landscaping.
[1]
On at least three sides of the perimeter of an outdoor parking lot
containing 20 or more parking spaces, there must be at least one tree
for every eight parking spaces abutting the perimeter; such trees
must be spaced so that some part of a parking space is not more than
30 feet from the center line of a tree.
[2]
In the interior part of an outdoor parking lot where two rows of
parking spaces containing a total of 10 or more parking spaces face
each other, a landscaped open space not less than five feet in width
must be provided. The landscaped strip may be provided either:
[a]
Between the rows of parking spaces parallel to the aisle; or
[b]
In two or more strips parallel to the spaces and extending from
the aisle serving one row of spaces to the aisle serving the other
row of spaces. There must be in each such strip at least three trees
and in all such strips not fewer than one tree for every eight parking
spaces in the interior part of the parking lot. Trees must be spaced
so that some part of each parking space is not more than 30 feet from
a tree.
[3]
Trees required by this subsection shall be at least two inches in
diameter at a height four feet above the ground at time of planting
and shall be of a species characterized by suitability and hardiness
for location in a parking lot. To the extent practicable, existing
trees shall be retained and used to satisfy this subsection.
(j)
Exception for one-family or two-family dwelling. The provisions of Subsection C(2)(e) and (5)(d), (e) and (f) with regard to backing into a public street, marking of pavement, moving of vehicles and surfacing and drainage and snow storage shall not apply where parking is provided for any one-family or two-family dwelling.
(k)
Not more than two primary dwellings may maintain one common entrance and/or driveway. Said driveway shall be located through the frontage or access strip of both lots equally, including lots with reduced fifty-percent frontage. Such driveway should be permitted only after issuance of a building permit and shall relate to the design and construction standards as for Subsection C(1), (3) and (5)(g)[1].
[Added 5-6-2017 ATM by Art. 32]
(6)
Bicycle
parking.
(a)
Required spaces. In any parking area with 20 or more spaces as defined
in the parking and loading tables, a minimum of two bicycle parking
spaces shall be provided, and one additional bicycle parking space
shall be provided for each increment of 20 motor vehicle parking spaces
over 40 vehicle spaces.
(b)
Placement and access. Bicycle parking shall be located near the primary
entrance(s) of the building. Half of the bicycle parking spaces shall
be provided as long-term parking, safe and secure from vandalism and
theft and protected from the elements. The other half shall be provided
as short-term (customer or visitor) parking, and short-term parking
spaces shall be visible and convenient to the building entrance. Bicycle
parking apparatus shall not be installed in a manner that will cause
obstruction of pedestrian or motor vehicle traffic. Bicycle parking
shall be situated in such a way that normal snow removal activities
and snow storage do not impact the bicycle parking facility.
(c)
Dimensional regulation. Each bicycle parking space shall be sufficient
to accommodate a bicycle six feet in length and two feet in width.
(d)
Design. Bicycle parking apparatus shall be of a high-security design
to which the frame and wheel of a parked bicycle may be attached;
installed in a visible location to deter vandalism and theft; and
permanently mounted to the ground or to a building or other immovable
structure. Inverted-U-frame or other racks that support the bicycle
at two or more points above the center of gravity are required.
A.
General requirements. It is the intention of these sign regulations
to promote public safety, protect property values, create an attractive
business climate and enhance the physical appearance of the community.
No signs or advertising devices of any kind or nature, etc. shall
be erected on any premises or affixed to the outside of any structure
except as herein permitted.
(1)
All signs, together with their supports, braces, guys and anchors,
shall be kept in good repair and in safe condition. The owner or occupier
of the premises on which a sign is erected shall be directly responsible
for keeping such sign and premises around it in a safe, sanitary,
neat and clean condition.
(2)
Any illuminated sign or lighting device shall employ only lights
emitting a light of constant intensity and color and shall be designed,
located, erected and maintained only for the purposes of illuminating
the subject sign and/or premises. Said illuminated sign may not directly
shine into the eyes of any occupant of any vehicle traveling upon
any highway, driveway or parking area or into any window of any residence
within 200 feet or where the illumination will interfere with the
visibility or readability of any traffic sign or device.
B.
Signs permitted in all districts.
(1)
The following signs are permitted in all districts, provided they meet the general requirements of Subsection A:
(a)
One nonilluminated identification sign not to exceed three square
feet in area or eight feet in height from average grade, stating the
name and address of the occupant, or in the case of a sign which lists
only the names of occupants of dwellings on the street on which it
is located, a sign of a size and location approved by the Building
Commissioner.
(b)
One temporary nonilluminated real estate sign pertaining to
the lease, sale or use of a lot or building on which such sign is
placed, not exceeding a total area of six square feet.
(c)
One sign for identification of professional and home occupations,
not exceeding a total area of three square feet.
(d)
A marker not to exceed two square feet identifying a historic
building.
(e)
A sign erected by the Town, county, state or federal government
or other governmental units.
(f)
A sign erected by a public carrier for direct information concerning
its service at the location, which shall not exceed 12 square feet.
(g)
Signs and displays associated with an approved stand for the
retail sale of agricultural or farm produce not exceeding 12 square
feet in total area.
(h)
A sign erected by any fraternal, civic, religious or service
organization or club, merely announcing its presence in the Town of
Lunenburg and the time and place of its regular meeting, provided
such sign shall not exceed three feet in diameter nor nine square
feet in area.
(i)
Any flag, badge, insignia or device of any governmental agency
or civic, charitable, religious, patriotic, political, fraternal or
similar nonprofit organization when displayed along a line of march
of any parade or in sockets along any street during a fund-raising
drive, as permitted by the Building Commissioner.
(j)
Temporary political signs displayed during election campaigns,
provided no sign shall exceed four square feet in a residence zone
or 24 square feet in a commercial district.
(k)
One "open" flag or portable sandwich board style sign may be
permitted as described herein. The only allowable flag shall be no
larger than three feet by five feet, with only the word "open" on
the flag. The only allowable portable sign shall be a so-called "sandwich
board" sign, i.e., a two-panel sign shaped like an inverted letter
V, which rests on the ground or other flat surface. Each panel of
such sign shall be no larger than two feet by two feet. Any such flag
or portable sign may be displayed only when the related business is
open and is permitted only on lots where only one business is located.
These are not permitted on multi-business-tenant lots or malls. Flags
or portable signs must comply with setback and corner clearance criteria.
(2)
A temporary construction sign is permitted in any district,
provided the sign is nonilluminated, does not exceed 32 square feet
in area, identifies an engineer, architect and/or contractor engaged
in the development of land or construction or alteration of buildings,
and further provided such sign is set back at least 10 feet from any
street line and is removed upon completion of construction.
(3)
Temporary signs, advertising special events, sales for nonprofit
organizations or causes or changes in the nature of an activity of
a public nature may be placed on common public areas, which include
the Upper Common, the Lower Common, school property, church property,
parks and like property determined by the Building Commissioner and
approved by the proper governing authority to be public property,
provided that:
C.
Maximum area, height and illumination requirements of signs. Signs are permitted as follows and in accordance with all the provisions of this section and all applicable provision for development plan review (§ 250-8.4).
|
Classification
|
Maximum Area of Building Sign
(square feet)
|
Maximum Height of Signs from Average Grade
(feet)
|
Illumination
| |
|---|---|---|---|---|
|
Class A:
| ||||
|
Residence A
|
3
|
8
|
Natural or external lighting only
| |
|
Residence B
|
3
|
8
| ||
|
Outlying
|
3
|
8
| ||
|
Limited Business-Residential
|
9
|
8
| ||
|
Class B:
| ||||
|
Retail/Commercial
|
24
|
30
|
Internal lighting
| |
|
Recreation
|
9
|
8
|
Natural or external lighting only
| |
|
Class C:
| ||||
|
Commercial
|
220
Also see Subsection D
|
30
|
Internal lighting
| |
|
Class D:
| ||||
|
Office Park/Industrial
|
220
|
30
|
Natural or external lighting
| |
|
Floodplain
|
All signs are governed by the underlying district(s)
| |||
|
Water Supply Protection
|
All signs are governed by the underlying district(s)
| |||
D.
Location and number of signs.
(1)
Signs are permitted as follows and in accordance with all the provisions of this section and all applicable provisions for development plan review (§ 250-8.4):
|
Classification
|
Size/Placement
|
Number of Signs
| |
|---|---|---|---|
|
Class A:
| |||
|
Residence A
Residence B
Limited Business/Residential
Outlying
|
All signs shall be located on the building or at a minimum distance
from the street line of 50% of the required front yard
|
1 per street
| |
|
Class B:
| |||
|
Retail/Commercial
|
A freestanding sign (pylon) and a sign located on the building,
not exceeding 24 feet
|
1 per principal use
| |
|
Secondary signs
|
To be determined by the development plan review
|
1 per principal use
| |
|
Recreation
|
A sign on the building or at a minimum of 20 feet from street
line.
|
1 per principal use
| |
|
Class C: Commercial
| |||
|
Single use:
| |||
|
Freestanding sign
|
A freestanding sign (pylon) or a sign located on the building
which may not exceed 36 square feet, unless the ground floor area
of the building exceeds 10,000 square feet, in which case there may
be 1 additional square foot of sign for every additional 500 square
feet of ground floor area thereafter
|
1 per principal use
| |
|
Primary sign
|
1 per principal use
| ||
|
Secondary signs
|
A sign(s) located on the building which may not be more than
50% of the size of the freestanding or primary sign
|
2 per principal use
| |
|
Multi-use, 1 building:
| |||
|
Freestanding sign
|
A freestanding sign (pylon) and a sign located on the building which may not exceed 36 square feet unless the ground floor area of the building exceeds 10,000 square feet, in which case there may be 1 additional square foot of sign for every additional 500 square feet of ground floor area thereafter, plus such additional square feet as may be permitted in Subsection D(2)
|
1 per building
| |
|
Primary sign
|
1 per principal use
| ||
|
Secondary sign
|
A sign located on the building which may not be more than 50%
of the primary sign
|
1 per principal use
| |
|
Multi-use, multiple buildings on a site or a shopping center:
| |||
|
Freestanding sign
|
A freestanding sign (pylon) and a sign located on the building which may not exceed 36 square feet unless the ground floor area of the building exceeds 10,000 square feet, in which case there may be 1 additional square foot of sign for every additional 500 square feet of ground floor area thereafter plus such additional square feet as may be permitted in Subsection D(2)
|
1 per development
| |
|
Primary sign
|
1 per principal use
| ||
|
Secondary sign
|
To be determined by the development plan review
| ||
|
Class D: Office Park and Industrial
| |||
|
Freestanding sign
|
A free standing sign (pylon) and a sign located on the building
which may not exceed 36 square feet unless the ground floor area of
the building exceeds 10,000 square feet, in which case there may be
1 additional square foot of sign for every additional 500 square feet
of ground floor area thereafter
|
1 per principal use
| |
|
Primary sign
|
1 per principal use
| ||
|
Class D: Floodplain
|
All signs are governed by the underlying district(s)
| ||
|
Class D: Water Supply Protection
|
All signs are governed by the underlying district(s)
| ||
(2)
All signs 20 feet from the right-of-way may be a maximum of
36 square feet plus two square feet for each additional 20 feet of
setback from the right-of-way, but in no case shall be larger than
the maximum allowed by other provisions of this section.
E.
Signs permitted in Residence A, Residence B, Outlying and Limited Business/Residential Districts. (Class A). In addition to signs permitted by Subsection B, the following signs are permitted in all residential districts:
(1)
One nonilluminated or indirectly illuminated identification
sign for each separate street line of a home occupation per § 250-4.2.(4)
or an approved special permit use not to exceed nine square feet nor
eight feet in height; and further limited as follows: Said sign shall
be subject to the applicable side and rear yard requirements for principal
buildings and a minimum of 50% of the applicable front yard requirements
for principal buildings; the height of such sign shall not be greater
than the distance it is located from any lot line, but in no case
greater than eight feet in height; the square foot area of such sign
shall not be greater than 1/2 the linear foot distance it is located
from any lot line, but in no case greater than nine square feet.
[Amended 11-13-2018 STM
by Art. 13]
(2)
Other signs shall be limited to directional signs necessary
for public safety or convenience and shall be designated and approved
as an integral part of the development plan and for an allowable special
permit use.
F.
Signs permitted in nonresidential districts. In addition to signs permitted by Subsection B, the following signs are permitted in Commercial, Retail/Commercial and Office Park and Industrial Districts:
(1)
One sign for the purpose of advertising the sale or lease of
the premises, which shall not exceed 32 square feet in signboard area.
(2)
One of the signs permitted, per use, in nonresidential districts
may be internally illuminated. All internally illuminated signs located
within the building but visible from the exterior of the building
shall constitute one of the signs permitted.
(3)
Other signs, limited to directional signs necessary for public
safety or convenience, may be designated and approved as an integral
part of the development plan as approved by the Planning Board.
(4)
One freestanding sign that meets the following criteria:
[Added 11-13-2018 STM
by Art. 13]
(a)
The square footage will not exceed twelve square feet (12 feet2), with no less than a 1:3 ratio between the perpendicular
sides.
(b)
The sign shall be a minimum of 25 feet from the front property
line and a minimum of 20 feet from the side property line.
(c)
No sign installed under this provision may be lighted.
G.
Signs subject to development plan review.
H.
Prohibited signs. The prohibitions contained in this section shall
apply to all signs, all artificial lighting and all districts, regardless
of designation.
(1)
No permitted sign, including projecting signs, shall be located
in any street right-of-way.
(2)
No sign or advertising device shall be erected, used or maintained
which in any way simulates official directional or warning signs erected
or maintained by federal, state or Town governments for the protection
of the public health and safety.
(3)
No sign or advertising device shall be erected or maintained
in such a manner as to obstruct or interfere with the free and clear
vision on any street or driveway.
(4)
No sign or advertising device shall be erected or maintained
with any lighting or control mechanism which may cause radio or television
interference.
(5)
No illuminated sign or lighting device shall be placed or directed
on any property in a manner that would permit the light beams and
illumination therefrom to be directed or beamed onto a public street
or walkway or onto adjoining properties so as to cause glare or reflection
that might constitute a traffic hazard or public nuisance.
(6)
No animated sign or advertising device shall be erected.
(7)
No flashing signs or advertising device which creates intermittent
or varying light intensity shall be erected.
(8)
No projecting sign shall extend more than 12 inches beyond the
building walls or parts thereof, or be less than eight feet above
grade, except as otherwise provided in these sign regulations.
(9)
No sign shall be erected on a roof of a structure; however, a sign may be attached to the facade of a building, provided that it does not exceed the allowable height limitations as stated in Subsection C.
(10)
No building or part thereof, such as a gable, roof or wall,
shall be outlined by direct illumination for the purpose of commercial
advertising.
(11)
No sign shall be attached to or be erected or maintained in
such a manner as to obstruct any fire escape, window, door or other
building opening used for egress and ingress, ventilation or other
fire-fighting purpose.
(12)
No commercial advertising sign shall be allowed, except as otherwise provided in Subsection F hereof.
(13)
No freestanding sign shall be erected to exceed a height of
30 feet.
(14)
Promotional banners shall not be in excess of eight square feet
for a special permitted use. No special displays such as flashing
signs shall be allowed.
(15)
Signs may not have any moving or animated parts or images, whether caused by machinery, electronics, wind, gas or otherwise, except for clocks, thermometers or cloth flags, the latter of which are moved only by natural wind. Strings of flags or streamers are not permitted, except as provided in Subsection B(3)(c).
I.
Sign condition. All signs are required to be maintained in a safe
condition. Any sign deemed not in a safe condition by the Building
Commissioner can be required to be repaired or removed at the owner's
or occupant's expense.
J.
Sign removal.
(1)
Any sign or logo erected after adoption of this ordinance which,
because of a change in occupancy, ceases to refer to a bona fide business
conducted or product sold on the premises shall be removed by the
owner or occupant within 60 days from the change of occupancy.
(2)
All signs in existence at the time of adoption of this sign bylaw and not conforming to this § 250-6.5 shall be removed within one year after the adoption of this section, unless the sign is otherwise approved by the Building Commissioner after a determination that the sign is safe and in good condition and poses no hazard to traffic or public safety.
K.
PRINCIPAL USE
The following definitions apply to this § 250-6.5:
The primary purpose for which a lot or the main building
thereon is designed, arranged or intended and for which it is or may
be used, occupied or maintained.
A.
Administration and interpretation. All proposed uses of buildings,
lots or premises within any district after the passage of this bylaw
shall conform to the following:
(1)
The applicant, at his own expense, shall furnish evidence sufficient
to satisfy the Building Commissioner that the proposed use of the
building or premises will not produce any nuisances beyond the lot
lines as measured by the performance standards listed below or as
existing in comparable operations allowed in the district, which are
not now creating a nuisance.
(2)
Any nuisance produced in excess of the standards permitted below
or any other nuisance found after public hearing to be excessive shall
be reduced to acceptable standards or discontinued.
B.
Air pollutants. Except as is herein provided, all use and conditions
of land, buildings and structures shall be in conformance with the
regulations in 310 CMR 6.00 through 8.00 of the Department of Environmental
Quality Engineering, Commonwealth of Massachusetts, December 31, 1981,
and amendments thereto.
C.
Noise.
(1)
No use shall be allowed if it will cause sound or noise perceptible
without instruments more than 200 feet from the boundaries of the
originating premises, except from warning devices, construction work,
maintenance or other special circumstance.
(2)
At the district boundary line, noise shall not exceed 60 decibels
between the hours of 8:00 p.m. and 6:00 a.m. and, at all other times,
shall not exceed 60 decibels for more than 20 minutes in each hour.
(3)
Noise shall be muffled so as not to become objectionable due
to intermittence, beat frequency or high frequency.
D.
Odor. Emissions from plant sites or other sources as measured at
the user's property line shall not exceed the established threshold
limit values for odors as outlined in T.M. Hellman and F.H. Small,
Journal Air Pollution Control Association, 24(10), 979-982, (1974),
and amendments thereto added by the Manufacturing Chemists Association,
Inc., Washington, D.C.
E.
Heat, glare and vibration. No heat, glare or vibration shall be discernible
without instruments from the outside of any structure.
F.
Wind energy systems.
(1)
Wind energy systems (WES) are subject to a development plan
review granted by the Planning Board and to the following conditions,
unless waived or adjusted by the Planning Board as is consistent with
the purposes of this section:
(a)
Area and height.
[1]
A small wind energy system (SWES) shall be located on a parcel
of 40,000 square feet minimum or on Town-owned property. For a SWES,
the blade tip height, defined as combined tower and turbine height,
shall not exceed 80 feet, measured from the average elevation of the
existing grade at the base of the tower to the highest reach of the
blade tip of the turbine.
[2]
A commercial wind energy system (CWES) shall be located on a
minimum of 400,000 square feet (10 building acres) or on Town-owned
property. The maximum height shall be determined by the Planning Board
and/or according to manufacturer recommendations, not to exceed FAA
regulations.
(b)
Setback. A SWES and CWES minimum horizontal distance shall be measured from the base of the tower structure to any property line or road right-of-way and shall be the greater of either the blade tip height plus 10 feet or the "fall zone," as determined by the wind turbine chart or engineering standards supplied by the manufacturer. No part of any WES, including guy wire and anchors, may extend closer to the property boundaries than the setback for the zoning district in which it is located, as provided in the dimensional table in Article V of this bylaw.
(c)
Security. The system is to be designed to prevent unauthorized
access.
(d)
Appearance and design. The system shall be of monopole design
with appropriate bracings, unless otherwise approved by the Planning
Board, and a nonreflective exterior color designed to blend with the
surrounding environment. No logos, designs, decorations, or writing
shall be visible at or beyond the property line so that the visual
character of surrounding neighborhoods and the community is minimally
affected by site selection, turbine design or appearance, buffering,
screening or lighting.
(e)
Cables. All electrical cables from the tower base on all connected
facilities are to conform to 527 CMR 12.00, Massachusetts Electrical
Code, as promulgated by the Massachusetts Board of Fire Prevention
regulations in accordance with MGL c. 143, § 3L and as directed
by the Inspector of Wires in accordance with MGL c. 166, § 32.
(2)
Construction, operation and maintenance.
(a)
An application for a wind energy system. A review for a wind
energy system (WES) shall include a plan for the general procedures
for safe and effective operation and maintenance of the facility and
the following:
[1]
SWES: a schematic plan to scale showing placement of the tower,
distance to all property lines and abutting dwellings, proposed elevations,
public and private roads, above-ground utility lines, any other significant
features and any measures designed to mitigate the impact of SWES.
Any portion of these requirements may be waived by the Planning Board,
if, in its opinion, the engineering/manufacturing information submitted
is sufficient for the Board to make a decision.
[2]
CWES: a site plan, which is prepared to scale, stamped by a
professional land surveyor, registered landscape architect or licensed
civil engineer, showing, in addition to other applicable requirements
for a site plan, the location of the proposed WES and any associated
buildings or appurtenances, distances to all property lines and abutting
dwellings, existing and proposed structures, existing and proposed
elevations, public and private roads, including temporary access roads,
above- and below-ground utility lines, any other significant features
or appurtenances, and any measures designed to mitigate the impacts
of the WES. Any portion of these requirements may be waived by the
Planning Board, if, in its opinion, the engineering/manufacturing
information submitted is sufficient for the Board to make a decision.
[3]
A plan for the construction, operation, maintenance and removal
of wind facilities, which shall be consistent with all other applicable
Town, state and federal requirements, including all applicable health
and safety regulations, shall be submitted to the Planning Board.
Evidence shall be submitted to the Planning Board that the utility
has been informed of the customer's plans and approval for an intertie
agreement has been obtained.
(b)
Codes. Wind energy systems and structures shall comply with
780 CMR, Massachusetts State Building Code, in accordance with MGL
c. 143.
(c)
Noise. Wind energy systems shall comply with the Massachusetts
noise regulations (310 CMR 7.10).
(d)
Height. WES towers shall comply with the above applicable section
or with applicable FAA regulations, whichever is more restrictive.
(e)
Abandonment. Unless authorized by written approval from the
Planning Board, a WES shall be considered to be abandoned if it is
not operated for a period of two years, and shall be removed. If it
is designated a safety hazard by the Building Commissioner, the owner
shall correct the hazard or remove the WES within 90 days. If the
property owner fails to correct the safety hazard or to remove the
wind energy system in accordance with the requirements, the Town may
physically remove the WES at the owner's expense.
(f)
Removal. Removal of a WES, any equipment shelters, and security
barriers from the subject property requires proper disposal of the
waste materials from the site in accordance with local and state solid
waste disposal regulations and restoration of the location of the
WES to a stable condition with vegetation sufficient to prevent erosion
and sedimentation.
(g)
Fees.
[1]
SWES. The applicant shall pay all costs, including application
fee, review and inspecting fees as deemed appropriate by the Planning
Board Fee Schedule.
[2]
CWES. The applicant shall pay all costs, including application
fee, peer review and inspecting fees as determined by the Planning
Board Fee Schedule.
(h)
Insurance. Evidence of insurance coverage for all potential
damages relating to a CWES shall be provided prior to construction.
(i)
Inspections. Annual inspections to determine certification,
safety and appearance shall be performed by the Building Commissioner.
(j)
Bonds. An original bond for a CWES shall be required to cover
the cost of construction. An annual maintenance bond shall be posted
as directed by the Planning Board Fee Schedule.
(3)
The applicant shall furnish all necessary data for a permit
that shall be granted by the Building Commissioner. In the event that
a development plan review by the Planning Board involves a solar project,
the Building Commissioner shall refer to the Planning Board's development
plan review report. The Planning Board shall include the Building
Commissioner, Electrical, and Plumbing Inspectors as well as other
departments in the review process.
(4)
As-built plans shall be submitted prior to final inspection.
G.
Waste disposal, water supply and water quality. Regulations of the
Department of Public Health, Commonwealth of Massachusetts and the
Lunenburg Board of Health relative to water disposal, water supply
and water quality shall be met and, when required, approval shall
be indicated on the application for a building permit.
(1)
In no case shall discharge cause the waters of the receiving
body to exceed the limits assigned by the Commonwealth of Massachusetts,
Water Resources Commission, Division of Water Pollution Control, as
published and entitled "Water Quality Standards," filed with the Secretary
of State on September 21, 1978, and amendments thereto, for streams
and water bodies within the Town.
(2)
Water use shall not cause a reduction in the groundwater supply
used by abutting residents or reduce the supply so that the Water
District needs to reduce or limit service residents of the district.
(3)
Materials used in exterior or cleanup of structures or vehicles
or of any equipment shall be disposed of in accordance with the regulations
of the Board of Health.
(4)
No sewage leaching field shall be located within 100 feet of
the normal bank of any waterway or land subject to flooding. Sewage
leaching fields shall be constructed in compliance with the regulations
of the Lunenburg Board of Health.
H.
Storage. Unless otherwise approved in the development plan review
process, all materials, supplies and equipment shall be stored in
accordance with the Fire Prevention Standards of the National Fire
Protection Association and shall be screened from view from public
ways or abutting properties.
I.
J.
Building construction. All buildings shall be of construction prescribed
in the State Building Code. No building permit shall be granted unless
the application for such permit is filed in accordance with the Building
Code.
K.
Hazardous materials.
(1)
No use shall be allowed which would create clear or unlawful
hazard through emission of dangerous elements into the air, any water
body, or the ground; through vehicular egress at points of constricted
visibility; through use of storage of toxic, hazardous, inflammable,
radioactive or explosive materials without evidence of compliance
with all applicable regulations; or through lack of security measures
to prevent exposure to potentially hazardous structural or site conditions.
(2)
All hazardous materials in connection with a permitted use,
used, created, stored, processed, disposed of by processing, diluting,
burying or containment, leaching or any other manner or transported
(including piping) in the Town shall be used, stored or transported
in accordance with all applicable federal, state and local regulations.
(3)
A notice for use, creation, storage, processing, disposal and
transport shall be filed with the Board of Selectmen, the Fire Department,
Planning Board, and the Board of Health, on such forms as they shall
require. Notification shall include, as a minimum, identification
of material, the amount involved, the process, if any, the routes
of transport, carrier and conveyance, if any. The Board of Selectmen
may require some assurance, as determined by the Board, to cover any
and all possible damage to persons, property and environment.
L.
Erosion control.
(1)
Whenever the existing contours of the land are altered, the
land shall be left in a usable condition, graded in a manner to prevent
the erosion of soil and the alteration of the runoff of water to or
from abutting properties, and shall be suitably landscaped.
(2)
No use shall be allowed if it will leave the earth exposed for
greater than 14 days, unless erosion control measures as defined in
"Guidelines for Soil and Water Conservation in Urbanizing Areas of
Mass." 1977, United States Department of Agriculture, Soil Conservation
Service, and conservation controls within 100 feet of wetlands and
water bodies, are employed.
(3)
No use shall be allowed which will damage or harm adjoining
properties, waterways or public utilities through uncontrolled erosion
and sedimentation.
M.
Dish antennas and radio antenna towers. Accessory dish antennas and
radio antenna towers shall be located in the rear yard, shall be set
back a distance at least the height of the antennas from all property
lines, principal buildings and accessory buildings, and shall not
have a diameter greater than 1/3 of the required rear yard, except
that the Planning Board may approve a special permit for a roof antenna
or a telecommunication or cellular tower, provided that telecommunication
and cellular towers, not including amateur radio towers, are located,
erected, constructed, maintained and operated in accordance with the
Rules and Regulations of the Lunenburg Planning Board for Cellular
and Telecommunication Towers dated March 4, 1996, and as amended April
22, 1996, and as may from time to time be amended.[2]
N.
Electrical interference. No equipment or process shall be used which
creates visual or audible interference in any radio or television
receivers off the premises, or causes fluctuation in line voltage
off the premises.
O.
Fencing, screening and landscaping.
(1)
Boundary fences, walls or hedges shall be permitted, provided
that they do not exceed six feet in height and provided that no fence
which obstructs vision shall exceed 36 inches in height within 20
feet of the street line or within 12 horizontal feet of habitable
rooms in an abutting dwelling. Open storage, loading or service areas
and parking lots for six or more cars shall be screened from any adjacent
residence or public way by a wall, fence or densely planted trees
or shrubs at least three feet in height or shall be equivalently obscured
by natural vegetation.
(2)
Junk, trash or debris shall be confined out of sight.
(3)
No more than 50% of a required front yard shall be covered by
impervious surfaces and except for walkways, driveways and walls,
impervious surfaces shall not be within 10 feet of the right-of-way
line.
(4)
Any site on which construction has begun, but is not completed
within 24 months, or such other time as approved under the development
plan review, subdivision plan approved by the Planning Board or special
permit, if any, or within such other period of time as is approved
by the Planning Board or other appropriate special permit granting
authority, unless an extension has been requested by the owner and
approved by the Planning Board or other appropriate special permit
granting authority, shall be restored to its natural state, pre-constructed
state or other state as approved by the Planning Board or other appropriate
special permit granting authority within such time as the Planning
Board or other appropriate special permit granting authority shall
specify.
Q.
Fire protection. All construction and use of structures and land
shall be in accordance with 527 CMR, Commonwealth of Massachusetts
Regulations, NFPA, the State Building Code, the rules and regulations
of the Lunenburg Fire Department and other pertinent Town of Lunenburg
rules and regulations. The Fire Department shall certify to the Building
Commissioner that the plans and construction comply with its regulations
before the Building Commissioner issues an occupancy permit.[3]
