Lunenburg City Zoning Code
ARTICLE VI
General Provisions Affecting All Districts
§ 250-6.1 Off-street parking and loading areas.
[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. |
§ 250-6.2 Lot monuments.
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.
§ 250-6.3 Plans.
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.
§ 250-6.4 Driveways and entrances.
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.
(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.
(7)
Common Driveways
A common driveway is an access drive to be used for vehicular access to two or more primary dwellings or places of business. No person will develop or construct a driveway serving two or more lots or properties without first obtaining a Special Permit from the Planning Board in accordance with this Section 250-6.4C(7).
[Added 11-14-2023 STM by Art. 14]
(a)
The Planning Board may issue a Special Permit to allow a common driveway upon finding that the driveway will:
[1]
Promote efficient traffic flow,
[2]
Reduce traffic hazards from numerous individual driveways,
[3]
In the judgment of the Planning Board, such an arrangement will be more advantageous to the neighborhood than individual driveways,
[4]
Consolidate access to lots across/near wetland resources, and
[5]
Provide sufficient access to emergency vehicles and responders.
(b)
Special Permit Requirements
[1]
The driveway will be located entirely within the lots being served.
[4]
Where the access to structures or uses provided by the driveway is substantially different from that which would be provided through the required lot frontages, the Special Permit will not be issued unless the Planning Board finds that the proposed shared driveway and its location are in the public interest.
[5]
Each lot that shares a common driveway will meet the minimum dimensional requirements for the Zoning District in which it is located as outlined in this Bylaw. Specifically, each lot will have the required amount of frontage located on the street which connects to the common driveway.
[6]
The Planning Board will submit a copy of the Special Permit and approved plans to the Building Commissioner. No building permit will be issued until receipt of the Special Permit and plan.
[7]
No occupancy permit shall be issued for any uses or structures utilizing the common driveway until evidence of recording of the required utility, access and maintenance easement has been filed with the Building Commissioner and Planning Board.
(c)
Design Criteria
[2]
Commercial
[a]
Minimum pavement width 24 feet
[b]
Minimum easement width 40 feet
[c]
Max grade 10%
[d]
Curb Cut no closer than 100 feet from centerline on intersection
[e]
Max number of lots 6 with public water available, 4 without public water available
[f]
Max length 1800 feet with public water available, 1200 feet without public water available
[3]
No grade will exceed 2% within 75 feet of the street right-of-way lines.
[4]
All common driveways will be rounded at street intersection or cutback to provide a curb radius of not less than 30 feet.
[5]
The address of all buildings accessed off the common driveway shall be posted on a sign at the entrance of the driveway that is visible for residents, employees, visitors, and public safety
[6]
The common driveway will be constructed of materials resistant to erosion and frost heaving and sufficient to support an axle load of 34,000 pounds under all weather conditions. The common driveway will be paved with a 3 inch minimum thickness layer of bituminous concrete.
[7]
Turnouts will be provided along the common driveways at intervals of 300 feet. The turnouts will be 8 feet wide and 25 feet long.
[8]
All shared driveways will be provided with a provisions for drainage sufficient to prevent deterioration of the driveway and to prevent any erosion, flooding, or other problems on any property beyond that of the owners of the driveway including the street which it intersects.
[9]
All curves will be designed with a twenty-five foot minimum inside turning radius.
[10]
The common driveway shall be clear of vegetation and overhead obstructions allowing for a vertical clearance of not less than 13ft, 6in.
[11]
SPGA will require that utilities (if any) to the lots be located directly adjacent to or within the common driveway.
[12]
Each branch of the common driveway will be designed such that a twenty-one-foot wheelbase fire truck or other emergency vehicle can safely enter and exit the branch.
[13]
A common driveway must originate on approved frontage and must observe a twenty-five-foot setback from the side line between the lot of origin and a lot not served by the common driveway.
[14]
Entrance to driveway shall have a sign indicating the addresses located on the common driveway, to include a diagram map showing their locations. Additionally, each branch of the Common Driveway will have a sign at the intersection with the main driveway noting the address of the property.
§ 250-6.5 Signs.
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.
§ 250-6.6 Performance standards.
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.
(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]