Their use shall not require backing onto a public way;

There shall be not more than one entrance and one exit from such lots per 300 feet of frontage. To meet this requirement, legal arrangements may be made for shared access;

Such lots require screening from any abutting residential use by dense shrubs and trees or opaque fencing not inconsistent with the neighborhood character;

The parking area shall be located to the side or rear of the property to the maximum extent feasible;

On site parking and loading areas sufficient to accommodate employees and truck deliveries must be provided;

Adequate screening of parking areas from abutting residential parcels and roadways shall be provided;

A minimum 5 foot wide buffer area shall provide adequate screening of the parking area from abutting residential uses. Such buffer area shall be planted with a combination of evergreen and deciduous shrubs that are at least 5 feet in height. Solid wood fencing may also be used which may reduce the buffer area required;

Adequate screening of refuse areas containing dumpsters or other containers shall be provided from abutting parcels and roadways. Solid wood fencing should be used unless an alternative acceptable to the Planning Board is approved;

Lighting shall be pedestrian in scale with fixtures not exceeding 16 feet in height and cut-off fixtures that direct light downward should be used; and

Lighting shall not produce direct illumination or glare beyond the property boundaries.

All permanent signs erected or relocated, which are greater than 6 square feet shall require a permit issued by the Building Inspector.

No permanent exterior sign shall flash, move or display movement or generate music or an audible message.

Signs may be lighted internally or externally, but illumination of all signs shall be of a white light and shall be shielded and not be directed onto adjacent property, roadways or upward.

Signs may be illuminated only during normal business hours.

Neon signs are prohibited.

No sign shall be placed closer than 10 feet to a public right-of-way or within any side or rear yard requirement and it shall not impair pedestrian or vehicular traffic flow or sight.

Freestanding signs may be up to 15 feet in height above the ground, measured from the average ground grade on the premises to the top of the sign.

Signs attached to a building may be either flat against the wall or perpendicular to it but shall not project more than two feet above the eaves line of the building or more than three feet from the vertical plane of the wall. Signs attached to a parapet shall not project above the top of the parapet.

Double-sided signs with equal and parallel faces providing identical information on both sides shall be measured on one side only in determining square footage.

Non-accessory signs or billboards (general advertising not related to the premises) are prohibited.

Any residential dwelling is allowed one sign for each household residing on the premises, indicating the name of the owner or occupant or the name of the building, or other non-commercial message. Such sign may pertain to a permitted accessory use. In special instances, the Zoning Board of Appeals may issue a special permit for a larger or second sign for a residential dwelling. In determining whether to grant an increase in signage under this subsection, the Zoning Board of Appeals shall consider the respective interests of the applicant, the adjacent property owners, and the interests of Town at large.

One announcement or bulletin board up to 12 square feet is allowed for a public, educational, charitable or religious organization.

Commercial and industrial uses shall be allowed two signs, one attached to the building and one freestanding. Any commercial message on such signs shall be limited to identification of the establishment and the products or services available or produced on the premises.

Businesses sharing a single building are allowed one wall sign per business up to 15 square feet, and one shared freestanding sign up to 20 square feet for the entire premises bearing the name of each business located there. In special instances, the Zoning Board of Appeals may issue a Special Permit to each business for larger signs herein before specified, which have an aggregate total of not more than 30 square feet for the freestanding sign, and 20 square feet for a wall sign, upon the Board's determination that the sign will serve the informational needs of the motoring public, will not obscure the legibility of existing signs on adjacent premises, will not obstruct sight distance of traffic on the highway, employs minimum wording to enhance legibility, and is consistent with the rural character of the neighborhood and Town. The Special Permit shall specify the size and location and maximum height of the sign(s), not to exceed 20 feet in height, and impose other terms and regulations as the Zoning Board of Appeals may deem to be in the public interest.

"Tourist Oriented Directional Signs" and associated "trailblazing signs," as defined by Mass Highway in the Rules and Standards for Tourist Oriented Directional Signing on Conventional Roads. Such signs shall conform to both Mass Highway regulations and the following local regulation.

A Special Permit granted by the Zoning Board of Appeals shall be required as evidence of community approval for "trailblazing signs." Approval of a Special Permit for "trailblazing signs" shall be subject to a finding by the Zoning Board of Appeals that such signs will promote the public interest, will not endanger the public safety, and will be of such size, location and design as to not be detrimental to the neighborhood. The Zoning Board of Appeals shall have the authority to establish and amend rules and regulations pertaining to the design and placement of "trailblazing signs" within the Town of Erving. Such signs shall not exceed nine square feet in area or 10 feet in height.

An ECMS may not flash, animate, scroll, or otherwise move, or transition from one message to another in a moving manner. The transition between messages shall be instantaneous.

Each message shall be continuously displayed for a minimum of 30 seconds before changing to another message.

The ECMS must be equipped with a control system that automatically adjusts light emission level to ambient light conditions so as to not cause glare or excessive brightness.

In a Residence District the ECMS may only be lit between the hours of 7:00 AM and 8:00 PM and shall be equipped with an automatic timer control that assures compliance with these restrictions.

Continuance. A nonconforming sign lawfully existing at the time of adoption or subsequent amendment of this Bylaw may continue although such sign does not conform to the provisions of this Section, but if the business being advertised is discontinued for a period of two years or more, then the use of the sign shall not be resumed and the sign shall be removed.

Maintenance. Any lawfully existing sign may be maintained, repaired or repainted, but shall not be expanded, extended or enlarged, in dimension or use, except in conformance with the provisions of this Bylaw.

Replacement. Any sign replacing a nonconforming sign shall conform to the provisions of this Bylaw, and the nonconforming sign shall not thereafter be displayed. If a nonconforming sign is destroyed by vandalism, act of God or other reason beyond the control of the owner, it may be restored or replaced within two years.

Legal notices for identification, information, or providing direction created or required by governmental bodies.

Signs directing and guiding traffic and parking, but bearing no advertising matter, including name or products.

Signs of up to 5 square feet advertising rental or sale of the premises. Such signs shall be promptly removed within five days after the sale, rental or lease is consummated.

Tag Sale Signs, but only during the period that the sale is in progress. Allowed only for tag sales which occur no more often than once each month.

Seasonal Farm Stand Signs not to exceed a period of six months in a calendar year.

Contractor's sign which is removed within five days after the work is completed.

Temporary Commercial signs which are removed promptly upon completion of the activity to which they relate. Temporary commercial signs shall not exceed 12 square feet in area and 10 feet in height. Temporary Commercial signs shall not be in place more than 5 days per month.

A single portable or movable commercial sign is allowed during regular business hours, provided such sign stands on legs or wheels, and does not exceed 12 square feet.

Internal signs within a building or structure which are not viewable from a road are exempt from the provisions of this Bylaw.

Shielding. All outdoor light fixtures shall be shielded downward so as to meet the goals of this Section.

Light Trespass. Direct light from the light source is to be confined within the property boundaries.

Light Intensity. Outdoor lighting shall be designed to provide the minimum intensity needed at any particular time.

Searchlights. The operation of laser shows or searchlights for advertising purposes is prohibited; provided however, that same may be authorized for a period of not more than fourteen days by special permit issued by the Planning Board.

Indoor Lighting. Indoor light sources will not be projected outside in a manner to defeat the intent of this Bylaw.

Flickering and Flashing Lights. No flickering or flashing lights shall be permitted. Processes, such as are welding, which create light flashes shall be confined within buildings or shielded to prevent either direct glare or flashing.

Hours of Operation. Except as may be deemed appropriate for site safety or security, all external lighting, including lighting accessory to authorized signs, shall be extinguished one half hour after the facility is closed for the business day. Such lighting may be timed to resume one half hour prior to the arrival of the first employee on the premises.

Hours of Operation. As a condition of any special permit or site plan approval, the Approval Authority may incorporate or require specific hours of operation for the following activities:

Ambient Noise Level. No person shall operate or cause to be operated any source of sound in a manner that creates a sound level which exceeds 10 dBA above ambient when measured at the property boundary of the receiving land use, all pursuant to the MassDEP Noise Policy, 710 CMR 7.01.[1]

Phasing of Development. The Approval Authority may limit the extent of a site exposed at any one time through phasing of construction operations. Effective sequencing shall occur within the boundaries of natural drainage areas.

Access via roadways abutting residential districts shall be avoided where possible.

Access and egress to a development with frontage on more than one street shall be in a manner that causes the least impact to the surrounding neighborhoods as determined by the Approval Authority.

Each development shall be served by an adequate driveway. The Approval Authority may, in certain circumstances, allow additional driveways as a condition of approval where the access is shared or the project has frontage on two separate streets.

All driveways shall be designed to afford adequate sight distance to pedestrians, bicyclists, and motorists exiting to public ways. Improvements may be required on the public way for vehicular turning movements in or out of the site and safe pedestrian access to adjoining sidewalks, paths, walking trails or bikeways.

Curb cuts shall comply with the Town's General Bylaw.[2]

Interior Circulation. The proposed development shall assure safe interior circulation within its site by separating pedestrian, bikeways, and vehicular traffic.

The Approval Authority may require a traffic report or Traffic Impact Access Study to DEP standards, prepared by a qualified traffic engineer, detailing the excepted traffic impacts.

Sight Distance. Acceptable sight distance shall be provided and maintained at all access locations, egress locations, and all intersections affected by the development.

Mitigation. Off-site improvements may be required to mitigate the impact of the proposed development.

Emergency Response. Emergency responses performed by a private entity or a public agency and fire or burglar alarms.

Municipal Uses and Structures. All municipal uses and structures, including schools;

Events. Parades, fairs or outdoor entertainment between the hours of 7:00 AM and 11:00 PM only provided that a permit for such activity has been granted by the Select Board and that said permit is for not more than ten (10) days.

Religious Structures and Services.