Millbury City Zoning Code
ARTICLE 2
DISTRICT REGULATIONS
Section 21 Establishment of Districts.
[Bylaws of 9-30-1974, Art. 8(II); Bylaws of 9-30-1974, Art. 9; Bylaws of 4-2-1977, Art. 63, Section 1; Bylaws of 4-4-1981, Art. 22; Bylaws of 4-5-1986, Art. 51, Section 4; Bylaws of 4-5-1986, Art. 51, Section 5; Bylaws of 5-7-1991, Art. 6a; Bylaws of 5-2-2006, Art. 44; Bylaws of 5-5-2009, Art. 32; Bylaws of 5-5-2009, Art. 42; Bylaws of 6-23-2020, Art. 31]
21.1
Zoning Districts.
For the purposes of this bylaw, the Town of Millbury is hereby divided into the following zoning districts:
1.
Residential I.
2.
Residential II.
3.
Residential III.
4.
Suburban I.
5.
Suburban II.
6.
Suburban III.
7.
Suburban IV.
8.
Bramanville Village.
9.
East Millbury Business District.
10.
Business I.
11.
Business II.
12.
Industrial I.
13.
Industrial II (Industrial Park).
14.
Residential Office Overlay District.
15.
Aquifer and Watershed Protection Overlay District.
16.
Floodplain Overlay District.
17.
Adaptive Reuse Overlay District.
18.
Route 146 Highway Corridor Overlay District.
21.2
Zoning Map.
The boundaries of these districts are defined and bounded as shown on the map entitled "Zoning Map" dated May 7, 1991, or as subsequently amended by vote of the Town Meeting on file with the Town Clerk. That map and all explanatory matter thereon is hereby made a part of this bylaw.
21.3
Zoning District Boundaries.
Where uncertainty may exist with regard to the boundaries at the various Zoning Districts, the following rules shall apply:
1.
Unless otherwise indicated, district boundaries are the center lines of streets, ways, alleys, parkways, waterways, or rights-of-way of public utilities, and railroads, or perpendicular or radial thereto.
2.
Other district boundary lines not listed in the preceding section shall be considered as lines paralleling a street and at distances from the side lines of such street which are stated on the zoning map.
3.
Other district lines not listed above shall be considered as lot lines.
4.
Where a district boundary line divides any lot existing at the time such line is adopted, the regulations for any district in which the lot has frontage on a street may be extended not more than 30 feet into the other district.
5.
When a lot is situated in part in the Town of Millbury and in part in an adjacent municipality, the provisions of this bylaw shall be applied to the portion of such lot in the Town of Millbury in the same manner as if the entire lot were situated in Millbury.
Section 22 Residential Districts.
[Bylaws of 5-27-1975, Art. 83(2); Bylaws of 5-27-1975, Art. 86(1); Bylaws of 4-2-1977, Art. 63, Section 2; Bylaws of 4-2-1977, Art. 63, Section 3; Bylaws of 4-2-1977, Art. 63, Section 4; Bylaws of 4-1-1978, Art. 40; Bylaws of 4-4-1981, Art. 23; Bylaws of 4-2-1983, Art. 18; Bylaws of 4-5-1986, Art. 51, Section 6; Bylaws of 4-5-1986, Art. 51, Section 7; Bylaws of 4-5-1986, Art. 51, Section 9; Bylaws of 4-4-1987, Art. 51; Bylaws of 4-5-1988, Art. 51, Section 8; Bylaws of 6-6-1989, Art. 73; Bylaws of 5-1-1990, Art. 68; Bylaws of 4-5-1999, Art. 60; Bylaws of 5-2-2006, Art. 45; Bylaws of 5-1-2007, Art. 50; Bylaws of 5-2-2017, Art. 27]
The intent of Residential Districts is to provide for a range of dwelling types in areas having existing development at relatively high densities and having public utility service, and in residential office overlay districts, to additionally provide for a limited range of compatible business uses. The Residential Office Overlay District overlies the presently existing Residential-I District. This underlying district remains unchanged, and all Residential-I regulations must be met, except where the requirements of the overlaying Residential Office District are more stringent, in which case the more stringent requirements shall govern.
22.1
Permitted Uses.
In a Residential District, only the following uses are permitted:
22.11
Permitted Residential Uses.
1.
One-family dwelling other than a mobile home;
2.
Boarding, loading or tourist homes.
22.12
Permitted Community Service Uses.
1.
School or college;
2.
Religious, sectarian or denominational buildings or uses;
3.
Nursing, convalescent or rest home, or hospital;
4.
Cemetery;
5.
Municipal use not elsewhere more specifically cited;
6.
Philanthropic institutions.
22.13
Other Permitted Uses.
1.
Agricultural, horticultural or floricultural uses;
2.
Florist shop;
3.
Parking to service a permitted use;
4.
Standard golf course;
5.
In residential office overlay districts only, conversion of an existing structure for offices for legal, educational, accounting, engineering, medical, real estate, insurance or architectural uses, or other activities having similar externally observable characteristics, or for a funeral home or mortuary; but only if not involving extensions subsequent to July 1, 1977, totaling more than 1,000 square feet gross floor area.
22.14
Permitted Accessory Uses.
1.
Home occupation, in accordance with Section 41;
2.
Roadside stand for goods principally produced on the premises;
3.
Parking to service a permitted use, but not including more than one commercial vehicle or any construction equipment or any truck over 1 1/2 tons;
4.
Temporary structures to be used only as temporary construction offices in relation to and in conjunction with a current construction project and to be removed in the case of building construction upon the final issuance of all occupancy permits or in the case of other types of construction projects upon the completion of all construction work; in either case the temporary structure shall not remain on the property for more than 24 months;
5.
Other customary accessory uses.
22.2
Special Permit Uses.
In a Residential District the following uses are permitted if granted a special permit by the special permit granting authority:
22.21
In a Residential I District.
1.
Accessory dwelling in accordance with Section 46.2;
2.
Assisted Living Facility in accordance with Section 42;
3.
Multifamily dwelling: provided that it is serviced by public sewerage and public water;
4.
Nonprofit club or lodge;
5.
Par-3 golf course;
6.
Public utility without service yards;
7.
Residential social service facility, provided that all building code, health and zoning bylaw requirements are met, and that the specific premises are not unsuitable in relation to the needs of the persons being cared for, and in consideration of avoidance of undue concentration of such facilities in any neighborhood.
8.
Temporary structure or uses not conforming to this bylaw;
9.
Accessory scientific use in accordance with Section 46;
10.
In a residential office overlay district only, offices for legal, educational, accounting, engineering, medical, real estate, insurance or architectural uses, or other activities having similar externally observable characteristics, or for a funeral home or mortuary; if not allowed outright under Section 22.13.
22.22
In a Residential II District.
1.
Nonprofit club or lodge;
2.
Par-3 golf course;
3.
Public utility without service yards;
4.
Residential social service facility, provided that all building code, health and zoning bylaw requirements are met, and that the specific premises are not unsuitable in relation to the needs of the persons being cared for, and in consideration of avoidance of undue concentration of such facilities in any neighborhood;
5.
Temporary structures or uses not conforming to this bylaw;
6.
Accessory scientific use in accordance with Section 46;
7.
Accessory dwelling in accordance with Section 46.2;
8.
Multifamily dwelling, provided that it is serviced by public sewerage and public water;
9.
Assisted Living Facility in accordance with Section 42.
22.23
In a Residential III District.
1.
Nonprofit club or lodge;
2.
Par-3 golf course;
3.
Residential social service facility, provided that all building code, health and zoning bylaw requirements are met, and that the specific premises are not unsuitable in relation to the needs of the persons being cared for, and in consideration of avoidance of undue concentration of such facilities in any neighborhood;
4.
Temporary structures or uses not conforming to this bylaw;
5.
Accessory scientific use in accordance with Section 46;
6.
Multifamily addition or renovation to an existing structure, under Section 14.11.1 special permit from Planning Board;
7.
Accessory dwelling in accordance with Section 46.2;
8.
Assisted Living Facility in accordance with Section 42.
22.24
Accessory Uses in Residential Districts.
1.
Kennels.
22.3
Dimensional Requirements.
In a Residential District, no lot shall be built upon or changed in size or shape except in conformity with the following:
District | Minimum Lot Area | Minimum Lot Frontage | Minimum Yards Front/Rear/Side | Maximum Lot Coverage | Maximum Building Height |
|---|---|---|---|---|---|
Residential | 40,000 sf* | 100 ft. | 25 ft./10 ft./10 ft. | 30% | 30 ft. |
Notes: | |
* | The minimum lot area requirement may be reduced to 32,000 square feet if the lot will be serviced by public water. The minimum lot area requirement may be reduced to 20,000 square feet if the lot will be serviced by public sewerage. The minimum lot area requirement may be reduced to 12,500 square feet if the lot will be serviced by public water and public sewerage. |
* | In the Residential III District for dwelling units in excess of one, increase the minimum lot area by 10,000 square feet per additional unit plus 5,000 square feet per additional bedroom. |
Section 23 Suburban Districts.
[Bylaws of 5-27-1975, Art. 83(2); Bylaws of 4-1-1978, Art. 40; Bylaws of 4-4-1981, Art. 23; Bylaws of 4-23-1983, Art. 18; Bylaws of 4-5-1986, Art. 51, Section 10; Bylaws of 4-5-1986, Art. 51, Sections 11, 12; Bylaws of 4-5-1986, Art. 51, Section 13; Bylaws of 4-5-1986, Art. 51, Section 14; Bylaws of 4-5-1986, Art. 51, Section 15; Bylaws of 4-5-1986, Art. 51, Section 16; Bylaws of 6-6-1989, Art. 74, Section 5; Bylaws of 5-1-1990, Art. 69; Bylaws of 5-1-2007, Art. 45; Bylaws of 5-1-2007, Art. 50]
The intent of Suburban Districts is to provide for low-density one- and two-family development at moderate density where public services are provided and at low density where they are not.
23.1
Permitted Uses.
In a Suburban District, only the following uses are permitted:
23.11
Permitted Residential Uses.
1.
One-family dwelling other than a mobile home;
2.
Boarding, lodging or tourist homes;
3.
Residential use in accordance with Section 47.
23.12
Permitted Community Service Uses.
1.
School or college;
2.
Religious, sectarian or denominational buildings or uses;
3.
Nursing, convalescent or rest home, or hospital;
4.
Cemetery;
5.
Municipal use not elsewhere more specifically cited;
6.
Philanthropic institutions.
23.13
Other Permitted Uses.
1.
Agricultural, horticultural or floricultural uses;
2.
Earth Removal;
3.
Florist shop;
4.
Milk processing plant;
5.
Parking to service a permitted use;
6.
Standard or par-3 golf course.
23.14
Permitted Accessory Uses.
1.
Home occupation, in accordance with Section 41;
2.
Roadside stand for goods principally produced on the premises;
3.
Parking to service a permitted use, but not including more than one commercial vehicle or any construction equipment or any truck over 1 1/2 ton;
4.
Temporary structures to be used only as temporary construction offices in relation to and in conjunction with a current construction project and to be removed in the case of building construction up on the final issuance of all occupancy permits or in the case of other types of construction projects upon the completion of all construction work; in either case the temporary structure shall not remain on the property for more than 24 months;
5.
Other customary accessory uses.
23.2
Special Permit Uses.
In a Suburban District, the following principal uses are permitted if granted a Special Permit for an exception by the special permit granting authority:
1.
Multifamily dwelling, provided that it is serviced by public sewerage and public water, and provided that access from a major street as herein defined does not require use of a minor street substantially developed for single-family homes. In a Suburban Zone for dwelling units in excess of one, increase the minimum lot area requirement by 10,000 square feet per additional dwelling unit, plus 5,000 square feet per additional bedroom;
2.
Non-profit club or lodge;
3.
Public utility, without service yards;
4.
Airfield or heliport;
5.
Veterinary, animal hospital, or kennel;
6.
Temporary structures or uses not conforming to this bylaw;
7.
Residential social service facility, provided that all building code, health and zoning bylaw requirements are met, and that the specific premises are not unsuitable in relation to the needs of the persons being cared for, and in consideration of avoidance of undue concentration of such facilities in any neighborhood;
8.
Accessory scientific use in accordance with Section 46;
9.
Accessory Dwelling in accordance with Section 46.2;
10.
Assisted Living Facility in accordance with Section 42.
23.3
Dimensional Requirements.
In a Suburban District, no lot shall be built upon or changed in size or shape except in conformity with the following:
23.31
In a Suburban I District.
District | Minimum Lot Area | Minimum Lot Frontage | Minimum Yards Front/Rear/Side | Maximum Lot Coverage | Maximum Building Height |
|---|---|---|---|---|---|
Suburban I | 60,000 sf | 150 ft. | 25 ft./10 ft./10 ft. | 30% | 30 ft. |
Notes: | |
* | See Section 47 for Aquifer and Watershed Protection Overlay District requirements. |
* | See Section 23.2 for multifamily formula. |
23.32
In a Suburban II District.
District | Minimum Lot Area | Minimum Lot Frontage | Minimum Yards Front/Rear/Side | Maximum Lot Coverage | Maximum Building Height |
|---|---|---|---|---|---|
Suburban II | 40,000 sf | 150 ft. | 25 ft./10 ft./10 ft. | 30% | 30 ft. |
Notes: | |
* | The minimum lot area requirement may be reduced to 32,000 square feet if the lot will be serviced by public water. The minimum lot area requirement may be reduced to 15,000 square feet if the lot will be serviced by public sewerage or if the lot is serviced by public water and public sewerage. |
* | See Section 23.2 for multifamily formula. |
23.33
In a Suburban III District.
District | Minimum Lot Area | Minimum Lot Frontage | Minimum Yards Front/Rear/Side | Maximum Lot Coverage | Maximum Building Height |
|---|---|---|---|---|---|
Suburban III | 40,000 sf | 150 ft. | 25 ft./10 ft./10 ft. | 30% | 30 ft. |
Notes: | |
* | The minimum lot area requirement may be reduced to 32,000 square feet if the lot will be serviced by public water. The minimum lot area requirement may be reduced to 20,000 square feet if the lot will be serviced by public sewerage or if the lot is serviced by public water and public sewerage. |
* | See Section 23.2 for multifamily formula. |
23.34
In a Suburban IV District.
District | Minimum Lot Area | Minimum Lot Frontage | Minimum Yards Front/Rear/Side | Maximum Lot Coverage | Maximum Building Height |
|---|---|---|---|---|---|
Suburban IV | 40,000 sf | 150 ft. | 25 ft./10 ft./10 ft. | 30% | 30 ft. |
Notes: | |
* | The minimum lot area requirement may be reduced to 32,000 square feet if the lot will be serviced by public water. The minimum lot area requirement may be reduced to 20,000 square feet if the lot will be serviced by public sewerage or if the lot is serviced by public water and public sewerage. |
* | See Section 23.2 for multifamily formula. |
Section 24 Bramanville Village District.
[Bylaws of 5-5-2009, Art. 43]
The intent of the Bramanville Village District is to enable the redevelopment and in-fill development of the central part of the historical Bramanville area in keeping with the historic development pattern, in order to create a vibrant, pedestrian-friendly village center by allowing high-density residential as well as small-scale commercial uses that serve the residents of the district and adjacent residential districts. This district shall work in concert with the Adaptive Reuse Overlay District bylaw, which enables mixed uses in the mill buildings only. While the encouragement of economic development is desired in this district, the type and scale should not compete with Millbury Center. This district should have its own unique identity on a village scale.
24.1
Permitted Uses.
In the Bramanville Village District, only the following uses are permitted:
24.11
Permitted Residential Uses.
1.
Boarding, lodging, or tourist home.
24.12
Permitted Community Service Uses.
1.
School or college;
2.
Religious, sectarian or denominational buildings or uses;
3.
Day care center;
4.
Nursing, convalescent or rest homes;
5.
Non-profit club or lodge;
6.
Philanthropic institution;
7.
Municipal use not elsewhere more specifically cited.
24.13
Permitted Business Uses.
1.
Business or professional office;
2.
Bank or other financial institution without drive-thru;
3.
Retail sales and services, provided that not more than 5,000 square feet of total floor area is devoted to office, sales and storage purposes;
4.
Any of the following personal service establishments dealing directly with the consumer: dry cleaner, hand or self service laundry, tailor, shoe repair, barber or beauty salon, florist, small appliance repair shop, interior decorating studio, medical or dental laboratory, printing, photocopying or photography shop;
5.
Shop of plumber, carpenter, electrician, upholsterer or similar workshop or repair establishment, provided that there is no exterior storage or activity, and only on-site repair work;
6.
Restaurant without drive-thru;
7.
Bakery or cafe;
8.
Tavern or bar.
24.14
Other Permitted Principal Uses.
1.
Agricultural, horticultural, or floricultural uses;
2.
Parking to service a permitted use;
3.
Building containing multifamily dwelling units in combination with stores or other permitted business uses.
24.15
Permitted Accessory Uses.
1.
Bed and breakfast;
2.
Home occupation in accordance with Section 41;
3.
Roadside stand for goods principally produced on the premises;
4.
Accessory parking;
5.
Temporary structures to be used only as temporary construction offices in relation to and in conjunction with a current construction project and to be removed in the case of building construction upon the final issuance of all occupancy permits or in the case of other types of construction projects upon the completion of all construction work; in either case the temporary structure shall not remain on the property for more than 24 months;
6.
Other customary accessory uses that are subordinate, customary and incidental to the principal use.
24.2
Special Permit Uses.
In the Bramanville Village District, the following uses are permitted if granted a special permit by the Special Permit Granting Authority:
1.
Multifamily dwelling (not associated with mixed use);
2.
Assisted living establishment in accordance with Section 42;
3.
Accessory dwelling in accordance with Section 46.2;
4.
Liquor store;
5.
Indoor recreational uses including skateboard park, arcade, bowling alley;
6.
Health or exercise club;
7.
Temporary structures or uses not conforming to this bylaw.
24.3
Dimensional Requirements.
In the Bramanville Village District, no lot shall be built upon or changed in size or shape except in conformity with the following:
District | Minimum Lot Area | Minimum Lot Frontage | Minimum Yards Front/Rear/Side | Maximum Lot Coverage | Maximum Impervious Lot Coverage | Maximum Building Height |
|---|---|---|---|---|---|---|
Bramanville Village | 5,000 sf* | 60 ft. | */10 ft./10 ft. | 30% | 25%** | 40 ft.*** |
Notes: | |
|---|---|
* | The front yard setback requirement for a property containing exclusively residential uses shall be a minimum of 18 feet and a maximum of 25 feet. The front yard setback requirement for a property containing non-residential uses or mixed uses shall be a minimum of zero feet and a maximum of 18 feet. |
** | The maximum impervious lot coverage calculation is exclusive of lot coverage. |
*** | The maximum building height for all uses shall not exceed 40 feet (including rooftop mechanics) and no building shall have more than three stories. |
Section 25 East Millbury Business District.
[ ATM Art. 31, 6-23-2020]
The intent of the East Millbury Business District is to encourage a mix of business and residential uses on Grafton Road in East Millbury; promote attractive, well-planned business developments that enhance East Millbury and strengthen the Town's tax base; provide for a variety of housing to meet the Town's present and future needs; and implement the goals and policies of the Millbury Master Plan.
25.1
Permitted Uses.
In the East Millbury Business District, only the following uses are permitted:
1.
In a building not exceeding 10,000 square feet gross floor area:
a.
Business or professional office, or bank;
b.
Personal service establishment, such as a hair salon or barber shop, drop-off/pickup dry-cleaning service (with cleaning performed off premises), pet grooming establishment, tailor or dressmaking shop, or similar type of establishment;
c.
Retail or restaurant, up to 5,000 square feet per tenant;
d.
Coffee shop, ice cream stand, or similar establishment providing walk-in service;
e.
Repair shop for repair and general servicing of small household appliances, bicycles, musical instruments, vacuum cleaners, or similar household products;
f.
Shop for custom manufacturing where products are sold principally on the premises, such as a custom woodworking shop or artisan studio;
g.
One or more dwelling units above the ground floor of a building where the ground floor facing the street is used for permitted business purposes.
2.
Motor vehicle service station, with or without quick mart or minimart, with the building area not exceeding 2,500 square feet;
3.
Two-family dwelling;
4.
Religious use or public or non-profit educational use, or agricultural use on five or more acres, or a childcare center, or other use exempt under M.G.L. c. 40A, § 3.
25.2
Uses Allowed by Special Permit.
1.
Retail or restaurant with more than 5,000 square feet of gross floor area;
2.
Multifamily dwellings (not associated with mixed use).
25.3
Permitted Accessory Uses.
1.
Home occupation in accordance with Section 41;
2.
Accessory dwelling;
3.
Accessory parking.
25.4
Dimensional Requirements.
In the East Millbury Business District, no lot shall be built upon or changed in size or shape except in conformity with the following:
25.41
Lot Regulations.
District | Minimum Lot Area | Minimum Lot Frontage | Minimum Yards Front/Rear/Side | Min. Open Space (% Lot Area) |
|---|---|---|---|---|
East Millbury Business District | 15,000 sf | 100 ft.* | 20 ft./15 ft.**/25 ft.** | 30% |
Notes: | |
* | May be reduced by the Planning Board by site plan approval for business development on a lot with shared/common driveway access and a single curb cut serving an adjacent lot used for business purposes. |
** | Side setback may be waived by the Planning Board by site plan approval for business or mixed-use development on a lot with shared and lateral access to rear parking. |
*** | On a lot used for commercial purposes, at least one-half of the minimum required open space shall be located in front of or to the side of the building and visible from the street. The minimum open space may include a pedestrian walkway or a pedestrian plaza and related pedestrian amenities. |
25.42
Building Regulations.
Standard Building Height | |
|---|---|
Maximum feet/stories: Business Use | 37 ft./3 stories |
Maximum feet/stories: Mixed Use | 45 ft./4 stories* |
Corner lot maximum feet/stories | 45 ft./4 stories |
Minimum height | 2 stories |
Business use ground floor minimum/maximum height | 14 ft./18 ft. |
Upper story minimum height | 10 ft. |
Minimum Facade Buildout (Frontage Occupancy)** | 50% |
Maximum gross floor area per building (sf) | 10,000*** |
Maximum length of street-facing wall without building articulation**** | 50 ft. |
Transparency (minimum): | |
Ground floor | 65% |
Upper floors | 20% |
Street-facing entrance required? | Yes |
Notes: | |
* | Mixed-use development at four stories or 45 feet allowed only by special permit from the Planning Board. The four-story option may be approved for a development with multiple buildings on a single lot, where the building closest to and facing the street does not exceed three stories and 37 feet. This limitation shall not apply to a corner lot. |
** | Facade buildout is a ratio of building width to lot width, measured at the maximum front setback line. Minimum facade buildout is the minimum ratio that a building must meet in order to comply with this section. |
*** | When more than one building is located on a single lot, the 10,000 square feet maximum shall apply to each building. |
**** | Front building facades shall be modulated with horizontal offsets, recessed entries, or protrusions, where applicable. Vertical articulation may include columns, bay windows, porch or patio, awnings, architectural detailing, and fenestration patterns. |
25.5
Supplemental Requirements.
In the East Millbury Business District, the following requirements shall be met in any development requiring site plan approval or a special permit from the Planning Board:
1.
Parking is prohibited between the front building line and the street. No use other than landscaping, pedestrian amenities, outdoor dining, sidewalks, or permitted signs shall be permitted in the front yard of any lot. Vehicular driveways and parking lots may be located to the side and rear of buildings, to the rear of a pedestrian gathering space, or underground.
2.
Parking is prohibited within 10 feet of the rear lot line.
3.
Accessory structures, air conditioning equipment, electric utility boxes, satellite dishes, trash receptacles, and other ground level utilities shall not be visible from the street and adjacent lots.
4.
On commercially-developed lots abutting a residential use, landscaping shall consist of a substantially sight-impervious screen of evergreen foliage at least eight feet in height or planting of shrubs and trees complemented by a sight-impervious fence of at least five feet, but not more than eight feet, in height, or such other type of landscaping as may be required by the Planning Board through site plan approval.
25.6
Rules and Regulations.
The Planning Board may adopt administrative rules and regulations, including submission requirements and procedures, and site and building design guidelines, for the East Millbury Business District not inconsistent with this Section 25 or other applicable provisions of the Millbury Zoning Bylaw.
Section 26 Business Districts.
[Bylaws of 5-27-1975, Art. 83(2); Bylaws 5-2-1975, Art. 86(1); Bylaws of 4-2-1977, Art. 65, s. 1; Bylaws of 4-2-1977, Art. 68, Section 1; Bylaws of 4-2-1977, Art. 68, Section 2; Bylaws of 4-1-1978, Art. 40; Bylaws of 4-4-1981, Art. 24; Bylaws of 4-2-1983, Art. 18; Bylaws of 4-5-1986, Art. 51, Section 17; Bylaws of 4-5-1986, Art. 51, Section 18; Bylaws of 5-1-1990, Art. 70; Bylaws of 5-3-1994, Art. 47; Bylaws of 5-4-1999, Art. 60; Bylaws of 5-1-2007, Art. 45; Bylaws of 5-1-2007, Art. 50; Bylaws of 5-5-2009, Art. 43; Bylaws of 5-7-2013, Art. 25; Bylaws of 5-6-2014, Art. 39; Bylaws of 6-23-2020, Art. 31]
The intent of Business Districts is to provide for commercial service in a pattern compatible with existing high-density commercial development (Business I) or appropriate for auto orientation where space permits (Business II).
26.1
Permitted Uses.
In a Business I or II District, only the following uses are permitted:
26.11
Permitted Residential Uses.
1.
One- or two-family dwelling other than a mobile home.
26.12
Permitted Community Service Uses.
1.
School or college;
2.
Religious, sectarian or denominational buildings or uses;
3.
Nursing, convalescent or rest homes, or hospital;
4.
Public utility;
5.
Cemetery;
6.
Municipal use not elsewhere more specifically cited;
7.
Non-profit club or lodge;
8.
Philanthropic institutions;
9.
Airfield or heliport;
10.
Veterinary, animal hospital or kennel.
26.13
Permitted Business Uses.
1.
Business or professional offices;
2.
Retail sales and services, except used motor vehicle sales not in conjunction with new motor vehicle sales; building materials or construction equipment; and motor vehicle service station;
3.
Personal services;
4.
Restaurant;
5.
Funeral home or mortuary;
6.
Commercial amusements and recreation;
7.
Building tradesmen and contractors;
8.
Motel or hotel;
9.
Printing and publishing.
26.14
Other Permitted Principal Uses.
1.
Agricultural, horticultural, or floricultural uses;
2.
Earth Removal;
3.
Parking to service a permitted use;
4.
Radio station;
5.
Milk processing plant;
6.
Standard or par-3 golf course.
26.15
Permitted Accessory Uses.
1.
Home occupation, in accordance with Section 41;
2.
Roadside stand for goods principally produced on the premises;
3.
Accessory parking;
4.
Temporary structures to be used only as temporary construction offices in relation to and in conjunction with a current construction project and to be removed in the case of building construction upon the final issuance of all occupancy permits or in the case of other types of construction projects upon the completion of all construction work; in either case the temporary structure shall not remain on the property for more than 24 months.
5.
Other customary accessory uses.
26.2
Special Permit Uses.
In a Business I or II District, the following uses are permitted if granted a special permit by the special permit granting authority:
26.21
Business I Special Permit Uses.
1.
Multifamily dwelling;
2.
Motor vehicle service station in accordance with Section 43;
3.
Temporary structures or uses not conforming to this bylaw;
4.
Residential social service facility, provided that all building code, health and zoning bylaw requirements are met, and that the specific premises are not unsuitable in relation to the needs of the persons being cared for, and in consideration of avoidance of undue concentration of such facilities in any neighborhood;
5.
Accessory scientific use in accordance with Section 46;
6.
Veterinary or animal hospital or kennel;
7.
Assisted Living Facility in accordance with Section 42.
26.22
Business II Special Permit Uses.
1.
Motor vehicle service station in accordance with Section 43;
2.
Temporary structures or uses not conforming to this bylaw;
3.
Residential social services facility, provided that all building code, health and zoning bylaw requirements are met, and that the specific premises are not unsuitable in relation to the needs of the persons being cared for, and in consideration of avoidance of undue concentration of such facilities in any neighborhood.
4.
Accessory scientific use in accordance with Section 46;
5.
Used motor vehicle (other than truck) sales not in conjunction with new motor vehicle sales, subject to the location and egress requirements of Sections 43.11 and 43.12;
6.
Assisted Living Facility in accordance with Section 42;
7.
Building materials or construction equipment sales;
8.
Registered Marijuana Dispensary in accordance with Section 52.
26.3
Dimensional Requirements.
In a business district no lot shall be built upon or changed in size or shape except in conformity with the following:
Use and Building District | Minimum Lot Area | Minimum Lot Frontage | Minimum Yards Front/Rear/Side | Maximum Lot Coverage | Maximum Height |
|---|---|---|---|---|---|
Dwellings B-I/B-II | 12,500 sf* | 100 ft. | 25 ft./10 ft./10 ft. | 30% | 30 ft. |
Other Uses B-I B-II | No Req. 16,500 sf | No. Req. 250 ft. | No. Req. 75 ft./10 ft./10 ft.** | No. Req. 40% | 40 ft. 40 ft. |
Notes: | |
* | For two-family dwellings or a single or two-family dwelling on the same lot as a non-residential use, increase lot area by 50%. For dwelling units in excess of two in the B-I District, see Section 32.8, Special Density Provisions. |
** | Increase by 25% where abutting a residence or suburban district. Thirty percent of a required yard area shall be free of any paving and maintained with vegetation. |
Section 27 Industrial Districts.
[Bylaws of 9-30-1974, Art. 8(III); Bylaws of 4-2-1977, Art. 68, Section 3; Bylaws of 4-2-1977, Art. 68, Section 4; Bylaws of 4-2-1977, Art. 68, Section 5; Bylaws of 4-1-1978, Art. 40; Bylaws of 4-1-1978, Art. 41; Bylaws of 4-11-1978, Art. 40; Bylaws of 4-2-1983, Art. 18; Bylaws of 5-7-1991, Art. 50; Bylaws of 5-7-1991, Art. 86; Bylaws of 5-5-1992, Art. 32; Bylaws of 9-19-1995, Art. 8; Bylaws of 5-4-1999, Art. 60; Bylaws of 5-7-2001, Art. 45; Bylaws of 5-1-2007, Art. 45; Bylaws of 5-1-2007, Art. 50; Bylaws of 5-5-2009, Art. 43; Bylaws of 5-4-2010, Art. 23; Bylaws of 5-7-2013, Art. 26; Bylaws of 5-6-2014, Art. 37; Bylaws 5-1-2018/5-2-2018, Art. 32; Bylaws of 6-23-2020, Art. 31]
The intent of industrial districts is to provide exclusively for environmentally compatible industry in areas suited to that use by access, absence of conflicting use, and services.
27.1
Permitted Uses.
In an industrial district, only the following uses are permitted:
27.11
Permitted Community Service Uses.
1.
In Industrial I and Industrial II:
a.
School or college;
b.
Religious, sectarian or denominational buildings or uses.
2.
In Industrial I only:
a.
Nursing, convalescent or rest home, or hospital;
b.
Public utility;
c.
Cemetery;
d.
Municipal use not elsewhere more specifically cited;
e.
Nonprofit club or lodge;
f.
Philanthropic institutions;
g.
Airfield or heliport.
27.12
Permitted Business Uses.
1.
Industrial II only:
a.
Business or professional offices;
b.
Printing and publishing.
2.
Industrial I only:
a.
Building materials or construction equipment sales or storage;
b.
Personal services;
c.
Restaurant without counter service or drive-through;
d.
Funeral home or mortuary;
e.
Building tradesmen and contractors.
27.13
Permitted Industrial Uses.
1.
In Industrial I and Industrial II:
a.
Earth removal;
b.
Manufacturing or processing, other than asphalt plants, including alternative and/or renewable energy systems;
c.
Warehousing, wholesale distribution not involving bulk storage;
d.
Research and development.
2.
In Industrial I only:
a.
Stone and monument works.
27.14
Other Permitted Uses.
1.
In Industrial I and Industrial II:
a.
Agricultural, horticultural or floricultural uses;
b.
Parking to service a permitted use.
2.
In Industrial I only:
a.
Radio station;
b.
Standard or par-3 golf course.
27.15
Permitted Accessory Uses in Industrial I and Industrial II.
1.
Home occupation, in accordance with Section 41;
2.
Roadside stand for goods principally produced on the premises;
3.
Residential uses incidental and necessary to an industrial establishment;
4.
Temporary structures to be used only as temporary construction offices in relation to and in conjunction with a current construction project and to be removed in the case of building construction upon the final issuance of all construction work; in either case the temporary structure shall not remain on the property for more than 24 months.
5.
Other customary accessory uses.
27.2
Special Permit Uses.
In an industrial district, the following uses are permitted if granted a special permit by the special permit granting authority:
27.21
Industrial I and Industrial II Special Permit Uses.
1.
Freight or transportation terminal, if not within 800 feet of more than two dwellings;
2.
Temporary structure or uses not conforming to this bylaw;
3.
Accessory scientific use in accordance with Section 46.
27.22
Industrial II Special Permit Uses.
1.
Public utility;
2.
Motel or hotel;
3.
Heliport;
4.
Restaurant;
5.
Retail sales and service of new motor vehicles and light trucks, and retail sales and service of used motor vehicles and light trucks in conjunction with new motor vehicle and light truck sales;
6.
Independent Testing Laboratory in accordance with Section 52;
7.
Marijuana Cultivator in accordance with Section 52;
8.
Marijuana Product Manufacturer in accordance with Section 52;
9.
Other Type of Licensed Marijuana-Related Business in accordance with Section 52.
27.23
Industrial I Special Permit Uses.
1.
Veterinary, animal hospital or kennel;
2.
Assisted Living Facility in accordance with Section 42.
27.3
Dimensional Regulations.
In an Industrial District, no lot shall be built upon or changed in size or shape except in conformity with the following:
District | Minimum Lot Area | Minimum Lot Frontage | Minimum Yards Front/Rear/Side | Maximum Lot Coverage | Maximum Height |
|---|---|---|---|---|---|
Industrial I | 80,000 sf | 150 ft. | 30 ft.*/20 ft.**/20 ft.** | 40% | 50 ft. |
Industrial II | 80,000 sf | 200 ft. | 30 ft.*/20 ft.**/20 ft.** | 35% | 55 ft. |
Notes: | |
* | Thirty percent of the required yard area shall be free of any paving and maintained with vegetation. Entire yard to be free of outdoor storage of materials. |
** | If abutting a residential or suburban district boundary, increase to 100 feet, of which 50 feet shall be free of any paving or outdoor storage of materials, and maintained with vegetation. |
Section 28 Wireless Communications Facilities.
[Bylaws of 10-28-1997, Art. 1; Bylaws of 5-5-2009, Art. 43; Bylaws of 5-4-2010, Art. 19; Bylaws of 6-23-2020, Art. 31]
28.1
Purpose and Intent; Definitions.
28.11
Purpose and Intent.
The Town recognizes the quasi-public nature of wireless communications systems and finds that these regulations are necessary to protect public safety, to protect the ecological, scenic, historical and recreational values of the Town and to ensure that adverse visual and operational effects will not contribute to blighting, deterioration or other deleterious effects upon the surrounding neighborhood.
It is the intent of this section to provide for establishment and/or expansion of cellular telephone, mobile radio and personal communication and similar systems within the Town of Millbury while protecting neighborhoods and minimizing the adverse visual and operational effects of wireless telecommunications facilities through careful design, siting and screening and in furtherance of the requirements of the Telecommunications Act of 1996. More specifically the section has been developed in order to:
1.
Maximize use of existing and approved towers and other structures to accommodate new antennas and transmitters in order to reduce the number of wireless communications facilities needed to serve the community.
2.
Encourage providers to co-locate their facilities on a single structure or site;
3.
Minimize the location of facilities in visually sensitive areas;
4.
Site facilities below visually prominent ridge lines;
5.
Protect historic and residential areas from potential adverse impacts of such facilities;
6.
Avoid potential damage to adjacent properties from facility failure through engineering and careful siting of facilities.
No personal wireless service facility shall be placed, constructed or modified within the Town except upon issuance of a special permit from the Planning Board.
28.12
Definitions.
WIRELESS COMMUNICATIONS FACILITY
Shall mean transmitters, structures (including but not limited to towers) and other types of installations, including but not limited to antennae and accessory structures, used for the provision of wireless services, including but not limited to all commercial mobile services, and shall include "personal wireless communications facilities" within the meaning of 47 U.S.C. § 332 (c)(7).
28.2
Applicability.
This section shall not apply to "direct-to-home satellite services" or other similar antenna(e) which are no greater than six feet in diameter.
28.3
Site Selection Preferences.
These regulations are written to indicate that the Town of Millbury preferences for facility locations are as follows, in descending order of preference:
1.
On existing structures such as buildings, communications towers, smokestacks, utility structures, etc.;
2.
In locations where existing topography, vegetation, buildings or other structures provide the greatest amount of screening;
3.
On new towers in Industrial II Zoning Districts;
4.
On new towers in Business II Zoning Districts, excluding the Business II District located in East Millbury;
5.
On new towers in Industrial I Zoning Districts excluding any portion of the Industrial I District within the Route 146 Highway Corridor Overlay District;
6.
On new towers in the Residential III, Suburban II, Suburban III and Suburban IV Zoning Districts;
7.
On new towers in the Business I, Residential Overlay, Residential I, Residential II, and Suburban I Zoning Districts.
Co-location is generally viewed as preferable to construction of a new support structure where it is assumed that co-location may often be less imposing. The Board's evaluation of each application is essential.
28.4
Additional Submittal Requirements.
The following items and information are required to be submitted at the time an application under this section is filed:
1.
A locus plan at a scale of one inch equals 1,000 feet.
2.
A report by a professional or radio frequency engineer describing the general design and capacity of any proposed installation, including:
a.
The number and type of antenna(e) proposed;
b.
A description of the proposed antenna(e) and all related fixtures, structures, appurtenances and apparatus, including height, materials, color and lighting;
c.
A description of the proposed antenna(e) function and purpose;
d.
The frequency, modulation and class or service;
e.
Direction of maximum lobes;
f.
An evaluation of the potential to utilize existing facilities for the proposed facility;
g.
An evaluation of the feasibility of attaching the proposed facility to existing buildings;
h.
Copies of all applicable permits, including but not limited to all State and Federal permits required for this project and a certification of compliance with the terms and provisions of the license issued for this purpose by the Federal Communications Commission (FCC).
3.
Site Justification or Appropriateness Statement, including a description of the narrowing process that eliminated other potential sites.
4.
Evidence that the applicant has filed a notice of proposed construction with the Federal Aviation Administration if the proposed facility exceeds 200 feet in height or in the event such notice is otherwise required.
5.
Support materials that show: the location of structures of similar or greater elevation within one-half-mile 2,640 feet) radius of the proposed site/parcel; that the owners of those locations have been contacted and asked for permission to install the facility on those structures, and denied, or that such other locations do not satisfy requirements to provide the service needed. This would include, but not be limited to, smoke stacks, water towers, tall buildings, antenna or towers of other wireless communications companies, other wireless communications facilities (fire, police, etc.) and all other tall structures. Failure to present evidence of a good faith effort on the part of the applicant to utilize existing facilities shall be grounds for denial of the application.
6.
Material describing a specific plan for a "balloon" or similar test, including the date and time, as well as a rain date and time, suitably and clearly described for inclusion in the legal notice in the newspaper and for inclusion in the notice to abutters.
7.
A statement indicating how the proposal meets, in the opinion of the applicant, the intents and purposes identified in Subsection 1 of this section.
8.
Stamped, addressed envelopes to all abutting property owners (according to the latest available tax listing) within a 1,320-foot radius of the proposed facility location, in addition to other special permit notice requirements, to facilitate the Board's notification of the public hearing to those additional property owners.
28.5
Conditions for Granting.
In addition to the conditions for granting contained in Section 14.3 and all other applicable sections of this bylaw, the Planning Board shall make findings on which to base its determination on the specific issues of:
1.
How well the use and proposal meet all required conditions and specifications of the bylaw;
2.
If the proposed facility is to be located in a residential zoning district, or within a distance equal to twice the height of the tower (from the ground to its highest point) but not less than 200 feet of a residential zoning district, whether the applicant has provided substantial evidence that the facility cannot, by technical necessity, feasibly be located in a non-residential zone;
3.
Whether the proposal would sufficiently screen the facility from view, both through landscaping, placement and design, in order to minimize the visual appearance of the entire facility from areas within a 1,320-foot radius of the proposed facility location;
4.
Whether the proposed facility will be housed within or upon a special structure, which will be architecturally compatible with the surrounding residential area (including, for example, bell tower or church steeple), or whether, by virtue of its design, no such special structure is required in order to minimize the visual impact within a one-quarter-mile 1,320-foot radius. This provision applies to facilities in Residential and Suburban zoning districts, or within a distance equal to twice the height of the facility (from the ground to its highest point) but not less than 300 feet, from such zoning district.
28.6
General Requirements.
1.
Any principal part of the facility (excluding guy cables) shall be setback from the nearest property line by a distance of twice the height of the facility (as measured to its highest point, including antennae, etc.), or a distance of 300 feet, whichever is greater.
2.
Any principal part of the facility (excluding guy cables) shall be setback from the nearest residential structure by a distance of twice the height of the facility (as measured to its highest point, including antennae, etc.), or a distance of 300 feet, whichever is greater.
3.
No artificial lighting shall be installed unless required by the Federal Aviation Administration. If such lighting is required, it shall be screened so as not to project its light below the horizontal plane in which it is located.
4.
A tower shall be of monopole or similarly unimposing design. In the event other than a monopole is proposed, the Board will view a guyed pole more favorably than a broad lattice type or similar structure. The applicant shall successfully demonstrate to the satisfaction of the Board that the proposed facility will have minimal visual impact.
5.
To minimize the number of wireless communications facility sites in the community in the future, the proposed facility shall be designed and constructed so it is reasonably capable of accommodating other users, including other wireless communication companies and local police, fire and ambulance companies, unless it is determined to be technically infeasible based on the Board's evaluation of information submitted.
6.
No interference to existing television, cable television or radio signals, including emergency systems and public safety communications, shall be permitted from the tower or components thereon. If interference occurs, it shall be the responsibility of the site owner to immediately remedy it.
7.
Unless otherwise required by the Federal Communications Commission or the Federal Aviation Administration, towers facilities shall be painted non-contrasting gray or blue in color, or camouflaged with some other treatment deemed acceptable by the Board. Antenna(e) shall be non-contrasting or camouflaged.
8.
The related unmanned equipment and/or other buildings shall not be more than 12 feet in height. All ancillary uses (including, for example, but not limited to, a maintenance depot, vehicle storage, etc.) are prohibited.
9.
All utilities proposed to serve the facility shall be installed underground.
10.
Dish antennae shall be no more than six feet in diameter, and shall be mesh (rather than solid). Panel antennae shall be no more than five feet in height.
11.
No facility shall be located within a distance equal to twice the height of the facility (as measured from the ground to its highest point) plus 400 feet of a wellhead area of a municipal water supply.
12.
Landscaping shall be provided around the base of the facility, adjacent to a security fence at least six feet in height. The landscaping shall consist of a planting strip at least 25 feet wide, with ground cover and/or grass, and shall include at least one row of six-foot-high evergreen trees adjacent or proximate to the fence, and a row of deciduous trees at least 10 feet in height and at least one-and-one-half-inch caliper planted no more than 20 feet apart on center, and deemed acceptable by the Board. Applicants may substitute alternative landscape plans that meet the purposes of this subsection to limit the visual impact of the lower portion of the tower and adjoining accessory facilities for the Board's consideration.
13.
A covenant/deed restriction shall restrict future residences within the setback areas described in Section 28.6.2 above.
28.7
Site with Pre-existing Use.
Although not an accessory use as defined by the bylaw, a wireless communications facility may be sited on a lot which already accommodates a lawful principle use. Due consideration will be given to the overall functioning of the lot, with particular respect to the items in Section 28.5 and other applicable sections of this bylaw, during the Board's review of the special permit application.
28.8
Alteration or Expansion.
Any alteration or expansion of the facility or structure or the uses it supports (including the size, number or color of antennae or other components) shall require a modified special permit, applied for in accordance with all regulations applicable at the time such application is properly made.
28.9
Abandonment.
If the facility is abandoned or no longer operable, it shall be removed within six months of its abandonment.
28.10
Waivers.
The Planning Board may, by a vote of at least four members, each of whom is eligible to participate in the special permit vote, authorize deviation from strict compliance with the provisions of Section 27 where such deviation is in furtherance of the purposes and intents of the bylaw, and where such authorized deviation is expressly enumerated, justified and acted upon by the Planning Board.
28.11
Separability.
The invalidity of any section or provision of this bylaw shall not invalidate any other section or provision herein.
Section 29 Adaptive Reuse Overlay District.
[Bylaws 6-8-2004, Art. 42; Bylaws A.T.M. 6-8-2004, Art. 42; A.T.M. 5-3-2005, Art. 47; A.T.M. 5-3-2005, Art. 48; Bylaws 5-3-2005 A.T.M. Art. 49; Bylaws 5-5-2009, Art. 43; Bylaws 6-23-2020, Art. 31]
29.1
Purpose.
The purposes of the Adaptive Reuse Overlay District are to encourage adaptive reuse of abandoned, vacant or underutilized mill buildings; to encourage flexibility in site and architectural design; and to allow for a mix of new land uses that are appropriate to both the needs of the community and the scale of surrounding neighborhoods.
29.2
Establishment of Adaptive Reuse Districts.
The Adaptive Reuse Overlay District is hereby established and shall be construed as an overlay district. Within the Adaptive Reuse Overlay District, all regulations of the underlying district(s) shall continue to be in full force and effect, except where these regulations supersede such underlying requirements or provide an alternative to such requirements. The boundaries of the Adaptive Reuse Overlay District may be applied to any property containing two or more acres of land, and containing a building of at least 5,000 square feet of gross floor area that was originally constructed before 1940, and originally used for manufacturing or an associated use. The Adaptive Reuse Overlay District shall consist of the following properties (properties are identified by address, assessor's map
lot number, and parcel size):
Address | Assessor's Map | Assessor's Lot | Parcel Size (acres) |
|---|---|---|---|
11 Mill Street | 84 | 3 | 4.5 |
127 West Main Street | 79 | 29 | 4.33 |
115 West Main Street | 70 | 99 | 3 |
95 West Main Street | 70 | 94 | 2.28 |
West Main Street | 78 | 7 | 2.1 |
22 West Street | 45 | 2 | 6.3 |
West Street | 45 | 213 | 2.4 |
65 Canal Street | 54 | 90 | 18.35 |
Riverlin Street | 46 | 101 | 3.5 |
Riverlin Street | 38 | 63 | 26 |
Lincoln Avenue Extension | 46 | 1 | 3.2 |
29.3
Master Plan Required.
Any proposal for development or redevelopment of property under this section shall require the submittal of an Adaptive Reuse Master Plan. The Master Plan shall include the following elements:
1.
A narrative and graphic description of existing conditions including, at a minimum:
a.
Buildings and their uses;
b.
Natural and man-made site features;
c.
Utilities;
d.
Traffic and circulation patterns;
e.
Underground features such as tanks and soil conditions.
2.
A narrative and graphic description of the proposed development that meets the requirements set forth in Section 12.44 of this bylaw including, at a minimum:
a.
Buildings to be restored, rehabilitated, or constructed;
b.
Buildings to be removed;
c.
Proposed uses including the density or intensity of the proposed use;
d.
Proposed internal and external traffic and circulation patterns;
e.
Proposed parking needs, including provisions for shared parking between uses, if applicable;
f.
Proposed utilities including water, sewer, electrical and communications service, stormwater, and solid waste containment and disposal;
g.
Proposed landscaping and signage features.
3.
An analysis of impacts associated with the proposed development, including, at a minimum:
a.
A traffic study showing the impact of the proposed development on the surrounding area. The traffic study shall include existing and expected volumes at build-out, the expected directional distribution of vehicles to and from the site, and existing and expected levels of service at all intersections located within 3,000 feet of the site;
b.
A wetlands and flood analysis showing the disposition of on-site stormwater and its impacts on properties located downstream of the site;
c.
Impacts upon the delivery of public services, including schools, if any;
d.
Impacts upon historic properties or districts, if any;
e.
Potential property taxes and other revenues that may be generated by the project.
29.4
Review Criteria.
The Planning Board shall review and act upon a Master Plan proposal as a special permit, in accordance with the following criteria:
1.
The provisions set forth in Section 14.3 of this bylaw;
2.
The relation of the proposed land use(s) to the surrounding area;
3.
The capacity of local infrastructure to accommodate the proposed development;
4.
The impacts identified in the Master Plan, and the ability of the developer to mitigate those impacts;
5.
The extent to which existing buildings are preserved.
29.5
Permitted Uses.
The following uses are permitted by Special Permit from the Planning Board in the Adaptive Reuse Overlay District. No other use or structures shall be permitted, except as specifically provided herein.
1.
Multifamily Dwellings;
2.
Business or Professional Offices;
3.
Retail Sales and Services, including Florist Shop;
4.
Personal Services;
5.
Restaurants, except the use of drive-up windows;
6.
School or College;
7.
Non-profit Club or Lodge;
8.
Philanthropic Institutions;
9.
Municipal Use;
10.
Recreation and open space;
11.
Accessory uses; and
12.
Uses similar in nature and impact to those listed above, subject to such determination by the Planning Board; or
13.
Any combination of the uses shown above.
29.6
Non-Conforming Buildings and Structures.
Within the Adaptive Reuse Overlay District, no existing building or structure that is shown on an Adaptive Reuse Master Plan shall be deemed non-conforming. Any addition to or expansion of an existing building or structure shall meet the height, bulk, and setback requirements of the underlying zone, except that the increased buffer provisions set forth in Sections 26.3 and 27.3 shall not apply. The Planning Board shall waive setback requirements upon a showing that such waiver is necessary to comply with applicable building codes for health or safety purposes, or to comply with the requirements of the Massachusetts Architectural Barriers Board.
29.7
Use, Dimensional, and Parking Requirements.
1.
For reuse or substantial restoration of existing buildings or structures within the Adaptive Reuse Overlay District, the proposed residential density or non-residential intensity of proposed uses shall be based upon the demonstrated ability of the site to accommodate such density or intensity of use. The applicant shall demonstrate that the proposed off-street parking associated with the development is sufficient to accommodate the proposed uses. Parking area design shall comply with the provisions set forth in Section 33.3 of this bylaw.
2.
For all new buildings and structures, the parking and loading requirements set forth in Section 33 of this bylaw shall apply.
3.
For all new buildings and structures, the dimensional requirements of the underlying zoning district shall apply. For all new buildings and structures, the following use densities or intensities shall apply:
a.
Multifamily dwellings: four dwelling units per acre.
b.
All other permitted uses: no building or structure shall be larger than the largest existing building on site, and the total lot coverage shall not exceed 50%.
4.
The Planning Board may waive or modify dimensional requirements if it finds that such waiver or modification would result in a superior design that would result in an improvement or benefit to the site or its surrounding area.
5.
Affordable Dwelling Units: For a period not less than 30 years, a minimum of 10% of the total number of dwelling units shall be restricted to persons qualifying as low or moderate income in accordance with the Massachusetts Department of Housing and Community Development definitions of low and moderate income. The following additional criteria shall apply:
a.
Affordable units shall be integrated into the overall development so as to prevent the physical segregation of such units.
b.
Town Counsel shall approve the use restriction or re-sale controls as to form. The restriction or re-sale controls shall adequately specify material provisions for affordability, monitoring and enforcement. A right of first refusal upon the transfer of such restricted units shall be granted to the Millbury Housing Partnership for a period not less than 120 days after notice thereof.
c.
If no federal or state subsidy is used to fund the creation of the affordable units, the Planning Board may require the applicant to submit an application to the Local Initiatives Program so that the units can be added to the Chapter 40B, Subsidized Housing Inventory, maintained by the Massachusetts Department of Housing and Community Development (DHCD).
