Norwell City Zoning Code
PART 3
General Regulations
§ 201-12.1 Purpose.
The objectives of this article are as follows:
A.
Promote traffic safety by assuring adequate places for storing motor vehicles off the street and for their orderly access and egress to and from the public streets.
B.
Increase the traffic carrying capacity of streets and highway in the Town.
C.
Reduce the hazards to pedestrians on public sidewalks.
D.
Protect adjoining lots and the general public from nuisances and hazards such as:
§ 201-12.2 Performance requirement.
Off-street parking must be provided in all zoning districts for new construction, change of use, conversion, expansion, redevelopment or increase in use for any structure.
§ 201-12.3 Number of spaces.
The standards below must be met for the additional parking demand created by new construction, change of use, conversion, expansion, redevelopment or increase in use for any structure unless reduced on special permit from the Board of Appeals, upon the Board's determination that special circumstances render a lesser provision adequate for all parking needs, or as defined in § 201-12.10. In the case of mixed uses, the minimum parking shall be the sum of the requirements of the individual uses computed separately. Parking facilities for one use shall not be considered as providing the required parking for another use, unless it can be clearly demonstrated that the need for parking occurs at different times.
§ 201-12.4 Size of spaces.
A parking space shall not be less than nine feet in width by 20 feet in length together with an aisle of at least 24 feet. Where parallel parking is utilized, parallel spaces shall not be less than eight feet in width and 22 feet in length.
§ 201-12.5 Parking for persons with disabilities.
Parking for persons with disabilities shall be provided in designated spaces as outlined in the State Building Code and the requirements of the Architectural Access Board, latest edition. Accessible parking spaces serving a particular building, facility or temporary event shall be located on the shortest accessible route of travel from adjacent parking to an accessible entrance.
§ 201-12.6 Table of Minimum Requirements.
Residential | ||
Dwelling unit having 2 or more bedrooms | 2 spaces | |
Dwelling unit having fewer than 2 bedrooms | 1 space | |
Nonresidential | ||
Retail sales, services | 1 space per 250 square feet gross floor area, but not fewer than 5 spaces per separate enterprise | |
Retail, auto dealership | 1 space per 400 square feet gross floor area | |
Business or professional office per 300 square feet | Business District C: 1 space per 300 square feet gross floor area | |
All other districts: 1 space per 200 square feet gross floor area | ||
Bank | 1 space per 200 square feet gross floor area | |
Restaurant | 1 space per 150 square feet gross floor area | |
Medical or dental offices | 6 spaces per doctor or dentist | |
Industrial, wholesale | 1 space per employee; parking per employee to be measured by largest employee shift, as the requirements are to be calculated per the total workers present at any one time, not total employees | |
Place of public assembly | 1 space per 3 persons capacity based on State Building Code | |
Hotel or motel guest unit | 1 1/10 spaces per unit | |
Guesthouse, lodging house, other group accommodation | 1 space per 2 persons accommodated | |
Nursing home | 1 space per 3 beds | |
All other uses | 1 space per 150 square feet or such smaller number of spaces as the Board of Appeals may, on special permit, determine adequate to accommodate all normal demand | |
§ 201-12.7 Parking area design and location.
A.
Location. Required parking shall be either on the same premises as the activity it serves or on a separate parcel if located within 300 feet of the building entrance, and if not separated by a state-numbered highway, and if in a zoning district allowing the activity it serves.
B.
Setback. No more than five parking spaces shall be located within a required front yard, unless set back from the street line by more than 10% of the lesser of lot or district depth. It is the intent of this requirement that substantially all parking areas shall be located to the sides and rear of a building or buildings, and that the front yard setback shall be used primarily for walkways, landscaping, driveways, and the required buffer.
C.
Surface. All required parking areas, entrances and driveways, except those serving single-family residences, shall be paved, unless exempted on special permit from the Board of Appeals for cases such as seasonal or periodic use where an alternative surface will prevent dust, erosion, water accumulation or unsightly conditions.
D.
Backing. Parking areas with five or more spaces or reached from a state-numbered highway shall be designed and located so that their use does not involve vehicles backing onto a public way. Each parking area shall be designed to provide a circulation system within the lot so that all vehicles may exit from and enter into the adjacent street or way by being driven in a forward direction and no vehicle shall be required to enter or leave the parking area by traveling in reverse.
E.
Egress and access. For business districts only, driveway openings on the same side of the street shall be separated by at least 100 feet if on the same premises or by at least 50 feet if on separate premises, measured center line to center line at the street line. The maximum number of driveways permitting entrance and exit from a lot shall be limited to two per street line. At intersections, no driveway side line shall be located within 50 feet of the intersection of street way lines. The minimum width of a driveway servicing one-way traffic shall be 14 feet. The minimum width of a driveway used for two-way traffic shall be 24 feet and no driveway openings shall exceed 24 feet in width at the street line. All driveways serving five or more parking spaces shall be constructed with a minimum edge radius of five feet on both sides. Access and egress from all parking areas shall be only via driveways which meet the design standards of this section. Each required off-street parking space and loading area shall be designed so that any motor vehicle may proceed to and from said parking space or loading space without requiring the moving of any other vehicle or passing over of any other parking space or loading area. Lot division which would preclude meeting the above requirements shall provide access easements or other means of satisfying those requirements on each lot. Driveways shall be located so as to minimize conflict with traffic on public streets and where visibility and sight distances are available to observe approaching pedestrian and vehicular traffic. All driveways serving a business must comply with the corner clearance requirements of this section. Parking plans shall include the delineation of the clear sight triangle. Clear sight distance at the intersection of a driveway serving a business and an existing way shall be defined by a clear sight triangle at the intersection per ITE and AASHTO standards. Measurements of clear sight distance shall be based on a line of sight at a level 3.5 feet above road surface at each end of the clear sight distance. Inside the clear sight triangle, no vision obstructing object or landscaping shall be permitted between a height of 3.5 feet and eight feet above the plane identified by the adjacent curb grades.
F.
Parking lot plantings. Parking lots containing 10 or more parking spaces shall have at least one tree per eight parking spaces, such trees to be located either within the lot or within five feet of it. Such trees shall be at least two inches trunk diameter with not less than 60 square feet of unpaved soil or other permeable surface area per tree. At least 5% of the interior of any parking lot having 25 or more spaces shall be maintained with landscaping, including trees, in plots of at least eight feet in width. Trees and soil plots shall be so located as to provide visual relief and sun and wind interruption within the parking area, and to assure safe patterns of internal circulation.
G.
Bicycle racks. For parking areas of 10 or more spaces, bicycle racks facilitating locking shall be provided to accommodate one bicycle per 20 parking spaces required or fraction thereof. No more than two bicycle racks shall be required to be supplied regardless of parking lot size.
H.
Design standards. Parking areas, access and egress must be constructed as follows:
(1)
Twelve-inch gravel base course with 95% compaction.
(2)
The gravel base course shall be primed at a rate of 1/2 gallon per square yard of MC-70 (or the equivalent) cut back asphalt (tack coat).
(3)
Parking lot pavement shall be a minimum of three inches in thickness set in two courses as follows:
(4)
Parking lot perimeter curbs. Suitable curbing as approved by the Board shall be installed along the exterior perimeters of the parking lot.
(5)
Interior parking lot islands. Interior parking lot islands shall be installed with either Cape Cod berms, vertical or sloped granite curbing or portland cement type concrete as approved by the Board.
(6)
All illumination of parking, loading and service areas must be designed so as to not create glare on abutting properties. Light intensity at the property line shall be zero footcandle or less to comply with this bylaw.
(7)
The design of each parking area shall provide adequate amenities to pedestrian safety, including but not limited to placement of crosswalks situated within and to the lot itself.
I.
Grading and drainage.
(1)
Storm sewer systems shall be designed for the twenty-five-year twenty-four-hour storm at a minimum.
(2)
Drainage systems shall be designed to accommodate the two-, ten-, twenty-five- and one-hundred-year frequency storms, so that the peak rate of runoff under the post-construction conditions shall not exceed the peak rate of runoff under existing conditions. Drainage systems shall also be designed so there will be no increase in off-site flooding for the two-, ten-, twenty-five- and one-hundred-year twenty-four-hour frequency storms. Rainfall depths shall be based on the Northeast Regional Climate Center's "Atlas of Precipitation Extremes for the Northeastern United States and Southeastern Canada," Publication No. RR 93-5 [(Cornell University, Ithaca, NY: September 1983 (The Cornell Standard)].
(3)
Roof drainage must be designed to connect to the drainage system or otherwise be infiltrated on site in dry wells to accommodate the twenty-five-year frequency storm. The Board may, at its discretion, require subsurface disposal of roof drainage.
(4)
Spot elevations must be included along with proposed and existing contours. Minimum slope of any parking lot and access and egress road shall not be less than 1%.
(5)
Parking and loading areas shall be designed and constructed to manage all stormwater runoff on the premises. In the event that stormwater cannot be controlled on the premises, stormwater may be permitted to run off site through drainage easements from all property owners upon whose property drainage will pass or end. The drainage system must be designed and constructed to include the following:
[Amended 5-6-2019 ATM, Art. 30]
(a)
Oil and grease traps;
(b)
Best management practices in accordance with industry standards and Massachusetts Department of Environmental Protection Stormwater Management Policy and the associated Guidelines for Stormwater Management, as revised; and
(c)
All structures within parking and loading areas shall be designed for H-20 loading capacity.
(6)
The following information must be submitted for review of the drainage design:
(a)
Location and types of inlets.
(b)
Drainage watershed limits, flow paths, acreage of areas tributary to drainage structures and water detention areas.
(c)
The location, type, size, length, invert elevations and slope of all drainage pipes and culverts.
(d)
Construction details of proposed drainage structures including inlets, outlets, manholes, pipes, headwalls and other proposed drainage structures.
(e)
The location of wetlands and water bodies within 100 feet of the site; the boundaries of the wetland areas must be approved by the Norwell Conservation Commission.
(f)
Drainage calculations prepared by a registered professional engineer, licensed in the Commonwealth of Massachusetts.
(7)
Consideration must be given to the location of snow piles and where meltwater will travel; this must be accounted for in the drainage design.
(8)
All drainage systems must be constructed to adequately dispose of surface water generated on that property and to low maintenance.
§ 201-12.8 Erosion control.
During and after construction, all soils, mulch, wood chips, etc., shall be confined to the property. The Planning Board or its agent shall have the authority to require the applicant to provide specific erosion controls and placement thereof on site as needed during construction.
§ 201-12.9 Loading area.
A.
An adequate number of off-street loading areas shall be provided for any use serviced by delivery vehicles.
B.
Loading area must be located in the side or rear yards only.
C.
Each loading area shall be separately located from employee and customer parking and shall be designed to protect pedestrian safety and avoid traffic conflicts within, entering, and leaving the lot where the loading area is located.
D.
No area may be utilized and counted as both required parking space and required loading area unless the applicant can prove that loading activities will not conflict in any way with parking demand in that location during the times in which loading will take place.
E.
Each loading area shall consist of a bay measuring 30 feet long by 12 feet wide, and 14 feet high if covered, and a maneuvering space equal to the length of the bay.
F.
Under no circumstances is the idling of any truck or vehicle engine allowed in the loading or parking area for more than five minutes of continuous time.
§ 201-12.10 Shared parking.
Lesser parking requirements than those specified in § 201-12.6 may also be authorized by the Board of Appeals via a "shared parking plan." Shared parking will be defined as the ability of entities to share parking spaces if the demand times generated in the area in question are largely mutually exclusive for each of the parties involved. Shared parking means that parking spaces are shared by more than one user, which allows parking facilities to be used more efficiently. Shared parking takes advantage of the fact that most parking spaces are only used part time by a particular motorist or group, and many parking facilities have a significant portion of unused spaces, with utilization patterns that follow predictable daily, weekly and annual cycles. The applicant must demonstrate during the site plan review process that lower parking requirements are warranted based on the utilization of shared parking. Shared parking shall be either on the same premises as the activity it serves or on a separate parcel if located within 300 feet of the building entrance, and not separated by a state-numbered highway, and if in a zoning district allowing the activity it serves.
A.
Any request to utilize shared parking must be accompanied by:
(1)
The current and proposed hours of operation;
(2)
The anticipated parking demand generated for the proposed use(s);
(3)
A description of the character of the land use and the parking patterns of adjacent uses;
(4)
An estimate of the anticipated turnover in parking space use over a twenty-four-hour period of time;
(5)
A site plan showing what the off-street parking provision would be if built to the specification of § 201-12.6, without the proposed reduction;
(6)
A site plan showing the shared use spaces in the lot, walking distance to the uses sharing the lot and pedestrian amenities within and to all shared areas. Uses sharing the parking facility do not need to be contained within the same lot, but shall be a maximum of 500 feet from the closest parking space; and
(7)
A reciprocal agreement executed by all parties concerned that ensures the long-term joint use of such shared parking, and that a copy has been submitted and found acceptable during the site plan review process. Such agreement must be recorded at the Registry of Deeds.
B.
In rendering a decision regarding a reduced parking scheme, the Board of Appeals should consider the following criteria:
C.
In the event that the conditions for shared parking change, or if shared parking arrangement is discontinued, the applicant shall notify the Board of Appeals within 10 days. The Board shall then require the applicant to meet the applicable parking requirements found in § 201-12.6 of this article, as the affected sites will be considered in violation of this bylaw upon the expiration of the shared parking agreement.
§ 201-12.11 Restrictions.
Parking area must be used for registered motor vehicle parking only, with no sales, dead storage, repair work, or servicing of any kind. The required parking areas must be permanently available for use by patrons and employees of establishments for which such space was provided.
§ 201-12.12 Maintenance.
Parking areas, loading spaces and landscaping shall be continuously maintained. Whenever necessary, surfacing, lighting, parking space markings and plantings shall be replaced or repaired, and drainage structures maintained. Failure to adequately maintain parking facilities shall be considered a violation of the bylaw.
§ 201-13.1 District boundary buffers.
A.
A buffer is required on any premises in a business district if abutting or extending into a residential district when through new construction, addition, or occupancy change the premises is put to use not allowed in a residential district. Said buffer shall be located entirely within the business district along the full length of the district boundary, and shall have a depth of the lesser of 50 feet or 10% of the distance between the district boundary and the street line of the lot, except that at locations where the distance from the district boundary to the nearest structure in the residential district is not less than 150 feet, the Board of Appeals may grant a special permit to allow location of part or all of the buffer outside of the business district.
B.
No structure, parking area, or aboveground facility of any nature shall be erected, placed or added to within the buffer strip except that access roads or driveways through said buffer strip to property located in the residential district may be allowed on special permit by the Board of Appeals.
C.
The full length of the screened area shall be planted at least 2 1/2 feet high, have earth berms, differences in grade or equivalent visual interruption by retained natural growth. Fencing approved by the Town's Fence Viewer may be used up to a maximum of six feet in height in conjunction with such screening, but not in place of it.
[Amended 5-3-1994 ATM]
D.
High screening shall also be provided through a staggered row of trees, either planted or retained, having at least a two-inch trunk diameter and being of size, species and spacing such that tree crowns will approximately meet each other and the lower level screening at maturity, except where egress visibility suggests clearance between 2 1/2 and eight feet above grade. At least 60% of all trees used shall be of evergreen species, and all shall be of species common to the area and which reach an ultimate height of not less than 30 feet.
§ 201-13.2 Street and side line planting.
A.
Street and side line planting is required on any premises in a business district for each side line (other than those covered by § 201-13.1) which meets a state-numbered highway and for the full frontage on a state-numbered highway. Such planting is required when any new building, addition or change of use requires a parking increase of five or more spaces.
B.
The side line planting area shall be at least five feet wide free of any paving (except for access drives connecting abutting premises) and shall contain high screening as described in § 201-13.1D, except that evergreens are not required. The screening shall extend from the street line to the deepest point on the premises having buildings or parking. Screening shall be located or trimmed to avoid blocking egress visibility.
C.
The street planting shall consist of a staggered row of trees within 20 feet of the street lines, either planted or retained, having at least two-inch trunk diameter and being of size, species and spacing such that tree crowns will approximately meet at maturity. Species shall be ones common to the area and which reach an ultimate height of not less than 30 feet.
D.
Any site plan submitted for review under § 201-3.4 shall indicate any existing trees of four-inch trunk diameter or greater if within 25 feet of the street side line or five feet of a side lot line. No such tree shall be removed unless, following referral to the Director of Lands and Natural Resources, such removal is approved by the Board of Appeals on grounds that poor tree health or access and public safety so dictate.
§ 201-13.3 Materials and maintenance.
A.
A list of plant materials recommended (but not required) for these purposes is available from the Director of Lands and Natural Resources or from the Planning Board.
B.
All plant materials required by this bylaw shall be maintained in a healthful condition and dead materials replaced at the earliest appropriate season.
§ 201-14.1 Purpose.
A.
A sign is a unique type of accessory structure, which, because of its potential impact on adjacent lots and on adjacent public streets and lands, warrants the regulation contained in this Zoning Bylaw. Signs communicate messages essential for public safety and general welfare, provide information about types of goods and services available at permitted uses, and provide orientation. Therefore, it is hereby found and declared that regulation of signs is necessary to promote the health, safety, and general welfare by:
(1)
Lessening hazards to vehicular and pedestrian traffic;
(2)
Preventing unsightly and detrimental development which is a potential blighting influence upon residential, public business, and industrial uses, and detrimental to property value;
(4)
Facilitating easy recognition and immediate legibility of permitted signs; and
(5)
Integrating and securing certain fundamentals of good and appropriate design complementary to the Town's rural environment.
§ 201-14.2 Authority and interpretation.
§ 201-14.3 Enforcement.
A.
Building Inspector/Zoning Enforcement Officer. The Building Inspector/Zoning Enforcement Officer, and their duly authorized agents, may, at reasonable times and upon presentation of credentials, issue a written order of repair or removal of any sign and its supporting structure which is erected contrary to this bylaw. In the event the owner of the sign fails to comply with the order, the Building Inspector/Zoning Enforcement Officer and his duly authorized agents may issue a complaint and fine pursuant to § 201-2.3 and/or take enforcement action in accordance with MGL c. 40A, § 7. All expenses incurred by the Building Inspector/Zoning Enforcement Officer relating to the enforcement of this bylaw may be assessable against any person who failed to obey such order and shall be recoverable in a court of competent jurisdiction. The Building Inspector/Zoning Enforcement Officer is further authorized to remove and dispose of signs placed in violation of the Town bylaws on public property and public ways.
B.
Permits and fees.
(1)
Except for signs permitted in a residential area, and temporary signs to be placed in a window, no sign shall be erected, enlarged, reworded, redesigned or structurally altered without a sign permit issued by the Building Inspector/Zoning Enforcement Officer.
(2)
The Building Inspector/Zoning Enforcement Officer is authorized to grant a permit for a sign in compliance with this bylaw. After reviewing a sign application, the Building Inspector/Zoning Enforcement Officer may deny such application if he determines that the erection of the sign will be injurious or offensive to the area because of lighting, noise, or obstruction of vision or hazardous to the public good because of color or the creation of visual confusion in the area.
(3)
The Building Inspector/Zoning Enforcement Officer shall make their determination to approve or disapprove an application for a sign permit within 15 days of receiving it. If the Building Inspector/Zoning Enforcement Officer does deny an application, the applicant may appeal the decision to the Board of Appeals.
(4)
A schedule of fees for the permits for authorized signs may be determined from time to time by the Select Board.
[Amended 5-9-2022 ATM, Art. 16]
§ 201-14.4 Definitions.
Any nonresidential use consisting of one or more buildings. In a building with more than one nonresidential tenant, each tenant is considered a separate business establishment.
A completely open and unobstructed space measured from the ground level to the lowest portion of a hanging sign.
See "lineal building frontage."
Any fabric or bunting containing colors, patterns, or symbols used as a symbol of an organization.
The length of a building or storefront, which abuts a street or public right-of-way at its first floor or entrance level, as shown in Diagram #4; also referred to as a "facade."
 |
An extension forward or out from a wall of a building.
Any privately owned permanent or temporary structure, billboard, device, fixture, illuminated fixture, electric bulb, tube, or similar contrivance, medal, placard, painting, drawing, poster, letter, word, banner, pennant, insignia, trade flag or any other representation used as, or which is in the nature of, an advertisement, attraction, announcement, or direction that is affixed to, supported by, or suspended by a stationary object, building or the ground that uses any color, form, graphic, illumination, symbol, or writing to communicate information which is on a public way, or on private property within public view of a public way, or public property. Specific sign types are further described as follows:
ACCESSORYAdvertises, calls attention to, or indicates the person occupying the premises on which the sign is erected or maintained, or the business transacted thereon, and which contains no other matter.
ADDRESSIndicates the numeric and street location of a particular property or establishment.
FRAME/SANDWICH BOARD— Mobile and structurally separate from a building and supported by itself.
AWNING/CANOPYFixed or retractable, of any material, which extends over a sidewalk, courtyard, walkway, eating area, driveway, or other area or space, whether that area or space is intended for pedestrians, vehicles, or other purposes.
BANNERConstructed of fabric or flexible material. For regulatory purposes, banners are considered wall signs.
DIRECTIONALDirects or sets out restrictions for vehicular or pedestrian traffic relative to the use of sidewalks, driveways, and parking areas. A directional sign may be freestanding, wall mounted, or a pavement marker.
DIRECTORYWall-mounted and utilized by multiple business establishments occupying a single building with a shared public entrance.
FREESTANDINGStructurally separate from a building that is supported by itself, on a stand, or on legs.
HANGINGAttached to, and projects from, the wall or face of a building, including an arcade or marquee sign.
ILLUMINATEDLit by an external light source directed solely at the sign (i.e., externally illuminated, which may include a reverse lit source mounted within an opaque component of a sign so that no light passes through it) or an internal light source (i.e., internally illuminated, utilizing translucent panels, canvas or other fabric, letters, devices, or other similar components to create an image by allowing light to pass through).
MOVINGMoves or is designed to move, in whole or in part, by any means.
OFF-PREMISESDraws attention to, or communicates information about, a business, service, product, event, attraction, or other enterprise or activity that exists or is conducted, manufactured, sold, offered, maintained, or provided at a location other than on the premises where the sign is located.
PENNANT/STREAMER/FEATHER BANNERAny sign made of lightweight plastic, fabric, or other material, whether or not containing any writing, suspended from a rope, wire, or string, usually in a series, designed to move in the wind.
PLAQUE or HISTORIC MARKERIdentifies a structure or site recognized by the Norwell Historical Commission as being historically and/or architecturally significant.
ROOFErected or projecting above the lowest point of the eave or the top of a parapet wall of any building, or which is painted or otherwise affixed to a roof.
SANDWICH BOARDSee "A-frame."
STANDARD INFORMATIONALIntended for nonpermanent display, such as a real estate, construction, or political sign, which contains no reflecting elements, flags, or projections.
TEMPORARYIntended for a limited period of display, and by design and/or use is temporary in nature and thus not permanently mounted.
WALLPainted on or affixed to, but which does not project from, a building wall, including those that consist of three-dimensional letters applied directly to a building surface.
WINDOWEither affixed to the surface of the glass on the windows of a building, or located in the building interior within three feet of the window and visible from the outside of the building. Window displays of actual products or merchandise for sale or rent on the business premises are not considered window signs.
The area, including all lettering, wording, and accompanying designs and symbols together with the background on which they are displayed, any frame around the sign and any "cutouts" or extensions, but not including any supporting structure or bracing if such structure or bracing is incidental to the function of the sign. See § 201-14.5A(3) below for illustrative purposes in calculating area.
§ 201-14.5 Sign standards and requirements.
A.
General requirements: The following general requirements shall apply to all signs in all Business Districts, except as otherwise noted:
(1)
Illumination:
(a)
Timing: Illumination is permitted only between the hours of 5:00 a.m. and 1:00 a.m., except that signs may be illuminated during any hours the establishment is open to the public. The U.S. flag may be illuminated in accordance with Title 4, United States Code ("The Flag Code").
(b)
Style: Illumination shall be external white steady stationary light or interior nonexposed white light only. Exposed sources of illumination, such as neon or gaseous tubes, are prohibited, as are signs that cause harmful glare to motorists, pedestrians, or neighboring premises.
(c)
Intensity: All illuminated signs shall be Dark Skies compliant and shall be so shielded, shaded, directed, and maintained at a sufficiently low level of intensity and brightness so that the illumination does not adversely affect neighboring properties or the safe and convenient use of public ways.
(2)
Movement: Animated, moving, flashing and revolving signs, beacons, searchlights, pennants, portable signs and balloons shall be prohibited, except for those signs that are sole indicators of time and/or temperature.
(3)
Area measurement: The area of a sign shall be calculated as follows:
(a)
For two-dimensional double-faced hanging and freestanding signs, the area shall be based on the largest face.
(b)
For two-dimensional signs affixed to, or fabricated from, a mounting background or signboard, the area shall consist of the smallest rectangular area that wholly contains the sign, as shown in Diagram #1.
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(c)
For two-dimensional signs consisting of individual letters or symbols affixed directly to a building wall, window, freestanding sign supports, or awning, the area shall consist of the smallest area that encompasses all of the letters and symbols, as shown in Diagram #2. In the case of freestanding signs, the area is exclusive of the sign supports.
(4)
Projection: Hanging signs shall hang at least 10 feet high over the sidewalk, and project no more than five feet from a building, as shown in Diagram #3.
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(5)
Location and setback:
(a)
Except for freestanding signs, all signs shall be attached to the portion of the building that corresponds to the portion owned or leased by the sign permit applicant.
(b)
Freestanding: All freestanding signs shall be set back a minimum of 10 feet from the edge of the way line on which the building fronts, and at least 10 feet from all other property lines.
(7)
Color: Color shall be allowed on any sign. No sign shall contain colored lights, interior or exterior.
(8)
Maintenance: All signs in all districts shall be maintained in a safe and neat condition to the satisfaction of the Building Inspector/Zoning Enforcement Officer and in accordance with the State Building Code. Structural damage, missing letters, or other deterioration obscuring content shall be remedied or the sign removed within 60 days upon written notice received from the Building Inspector/Zoning Enforcement Officer.
(9)
Flags: Nothing in this bylaw shall prevent the flying of one American flag and/or one state and/or one military service flag; and one other rectangular flag not to exceed 12 square feet which incorporates a trademark, logotype, or similar device directly related to the business located on the lot; e.g., an "open" flag.
B.
Requirements based on sign type.
(1)
Awning: Awning signs shall be painted on, or attached flat against, the surface of the awning or canopy. Attaching a sign to an awning or canopy in any other manner is prohibited.
(2)
Freestanding: Freestanding signs shall be mounted permanently on the ground, located on the same lot as the principal building, and set back at least 10 feet from any property line. Signs shall be situated so as to not impair visibility or restrict the ability to use any public way by impeding minimum sight distance requirements established by the American Association of State Highway Transportation Officials (AASHTO) and as interpreted by the Building Inspector/Zoning Enforcement Officer, or at least four feet, whichever is greater. Freestanding signs shall not be mounted on trees, utility poles, light fixtures, or any other structure that is not built solely to accommodate signs.
(3)
Hanging: Signs hanging over a public way or area accessible to the public shall provide at least 10 feet of clearance measured from the ground surface to the bottom of the sign, as shown in Diagram #3, and shall not impair visibility or restrict the ability to use any public way or area accessible to the public.
(4)
Wall: Wall signs shall be mounted parallel to the wall of a building.
(5)
Temporary: Temporary signs shall be permitted in all business districts in accordance with this section for purposes of promoting any business, or any charitable, civic, or municipal event.
(a)
Before a temporary sign (other than a temporary sign placed in a window) shall be erected or displayed, there shall be a deposit in the sum of $75 for each commercial sign. The deposit shall be refunded upon the timely removal of the sign or signs. In the event of failure to remove the sign within the period prescribed, the Building Inspector/Zoning Enforcement Officer shall apply the deposit towards the cost of removing the sign, and any balance of the deposit shall be forfeited to the Town.
(b)
No temporary sign shall be erected or displayed until an application has been made to, and a permit specifying the date of removal has been issued by, the Building Inspector/Zoning Enforcement Officer.
(c)
The Building Inspector/Zoning Enforcement Officer may deny an application, and may require the removal of a temporary sign after permit, if he determines that the sign will be or is a threat to public safety; is offensive to the area because of color, material, or construction; or does not comply with § 201-14.5B(5)(e) through (k) below.
(d)
The Building Inspector/Zoning Enforcement Officer shall approve or deny an application within seven days of receipt. The denial or approval may be appealed by the applicant or by an aggrieved party to the Board of Appeals.
(e)
A sign authorized by this section shall be erected at ground level and shall be stationary. The sign shall be constructed to withstand strong winds and to the satisfaction of the Building Inspector/Zoning Enforcement Officer as to material, colors, and safety.
(f)
The sign shall be freestanding, meaning that it shall not be attached to or supported by any natural or man-made object, nor shall any vehicle, trailer, balloon, kite, boat, pennant, flag, banner, or other contrivance be used as a temporary or permanent means of exhibiting a sign, so as to circumvent or derogate from the intent of this bylaw.
(g)
No more than one temporary sign shall be permitted on any one lot at one time.
(h)
A temporary sign shall not exceed 10 square feet. If a two-sided sign, the dimensions shall apply to each side separately.
(i)
No temporary sign shall be permitted for more than 30 consecutive days. No applicant shall be permitted to maintain a temporary sign for more than 30 days in a single calendar year regardless of the number of permits obtained.
(j)
Temporary signs shall be allowed only for specific purposes, not as semi-permanent displays. A "special sale" sign may be permitted (with a permit) for the actual duration of the sale or for two weeks, whichever is less, twice a year. A new business may utilize a temporary sign (with a permit) for a period not to exceed two weeks prior to opening and two weeks after opening. These permits for temporary signs are not renewable, nor shall new permits be granted for essentially the same sign in a slightly different guise.
(k)
The purpose of a temporary sign, for purposes of this bylaw, is for a special application or need, and not as a means of circumventing the intent of this bylaw as to number, frequency, or duration of signs allowed on a property.
§ 201-14.6 Permitted signs by type and district.
A.
Business District A.
(1)
One freestanding sign per lot not to exceed 30 square feet. The portion of the sign identifying the name and address of the site shall be excluded from the total area calculation, but shall not exceed 25% of said total area calculation.
The sign may dedicate a portion identifying tenant space as for sale or rent, or available vacancy. This portion of the sign shall be excluded from the total area calculation, but shall not exceed 20% of said total area calculation.
Regarding buildings with only one tenant, this sign shall identify that tenant by name. In buildings having multiple tenants, or on lots having more than one building, additional signs may be attached in a ladder fashion to the bottom of the freestanding sign.
In such cases of buildings having multiple tenants, the main sign would identify the major tenant. The portion of the sign identifying the name and address of the site shall be excluded from the total area calculation, but shall not exceed 25% of said total area calculation. In buildings with multiple tenants, the total area of the freestanding sign shall not exceed 40 square feet.
The sign may dedicate a portion of space identifying tenant space as for sale or rent, or available vacancy. This portion of the sign shall be excluded from the total area calculation, but shall not exceed 20% of said total area calculation.
(2)
One awning sign per business, not to exceed 1/2 square foot per linear foot of storefront or building upon which the awning is attached, or eight square feet, whichever is less, with letter height not to exceed 14 inches.
(3)
One directory sign per shared public entrance to a building occupied by more than one business establishment, not to exceed one square foot per business establishment occupying the building, or six square feet, whichever is less.
(4)
One hanging sign per business, not to exceed eight square feet, with letter height not to exceed 14 inches.
(5)
One wall sign per building not to exceed 20 square feet. Any such sign shall be flat against the wall of the building and shall not extend beyond the face of the building.
(6)
Window signs either painted on or attached to the inside of a window, provided such signs do not cover more than 25% of the window glass.
Signs placed in a window to advertise sales or promotions may cover no more than 20% of the window glass but may not be posted for longer than 30 days. No window signs shall be illuminated or lighted.
(7)
Accessory signs or devices of similar intent that advertise the property or any part thereof as for sale or rent, or available vacancy, shall be incorporated into the allotted signage area for the property or part thereof as advertised as for sale or rent, or available vacancy.
B.
Business Districts B and C.
(1)
One awning sign per business, not to exceed 1/2 square foot per linear foot of storefront or building upon which the awning is attached, or eight square feet, whichever is less, with letter height not to exceed 14 inches.
(2)
One directory sign per shared public entrance to a building occupied by more than one business establishment, not to exceed one square foot per business establishment occupying the building, or six square feet, whichever is less.
(3)
One freestanding sign per lot not to exceed 50 square feet. The portion of the sign identifying the name and address of the site shall be excluded from the total area calculation, but shall not exceed 25% of said total area calculation.
The sign may dedicate a portion of space identifying tenant space as for sale or rent or available vacancy. This portion of the sign shall be excluded from the total area calculation, but shall not exceed 20% of said total area calculation.
Regarding buildings with only one tenant, this sign shall identify that tenant by name. In buildings having multiple tenants, or on lots having more than one building, additional signs may be attached in a ladder fashion to the bottom of the freestanding sign.
In such cases of buildings having multiple tenants, the main sign would identify the major tenant. The portion of the sign identifying the name and address of the site shall be excluded from the total area calculation, but shall not exceed 25% of said total area calculation. In buildings with multiple tenants, the freestanding sign shall not exceed 60 square feet.
The sign may dedicate a portion of space identifying tenant space as for sale or rent, or available vacancy. This portion of the sign shall be excluded from the total area calculation, but shall not exceed 20% of said total area calculation.
(4)
One freestanding directional sign per lot at the location of the curb cut, not to exceed four square feet and six feet in height.
(5)
One wall sign per building not to exceed 10% of the area of the wall or facade upon which the sign is to be located. Any such sign shall be flat against the wall of the building and shall not extend beyond the face of the building.
(6)
Window signs either painted on or attached to the inside of a window, provided such signs do not cover more than 25% of the window glass.
Signs placed in a window to advertise sales or promotions may cover no more than 50% of the window glass and may not be posted for longer than 30 days. No window signs shall be illuminated or lighted.
(7)
Accessory signs or devices of similar intent that advertise the property or any part thereof as for sale or rent, or available vacancy, shall be incorporated into the allotted signage area for the property or part thereof as advertised as for sale or rent, or available vacancy.
C.
All residential districts.
(1)
All signs shall be permitted subject to the following restrictions:
(a)
Compliance with illumination standards of § 201-14.5A(1)(a) through (c); movement requirements of § 201-14.5A(2); setback requirements of § 201-14.5A(5)(b); and height requirements of § 201-14.5A(6)(a).
(b)
Signs that identify an accessory or professional office or other accessory use permitted in a residential district shall not exceed 12 square feet in area.
(c)
Signs pertaining to the lease, sale or use of a lot or buildings shall not exceed a total of six square feet. These signs shall be taken down immediately after the sale or lease of the property.
(d)
A bulletin or announcement board, identification sign, or entrance marker for a public entrance to the premises upon which a church, synagogue or other such institution is located shall not exceed 10 square feet, provided that there shall be no more than three such signs for each institution.
(e)
One contractor's sign, not to exceed 10 square feet (except as otherwise required by law), maintained on the premises while construction is in progress and containing information relevant to the project. Such sign shall be removed within seven days after the certificate of occupancy is issued or upon completion of construction.
(f)
One sign identifying each public entrance to a subdivision, not to exceed 10 square feet.
§ 201-14.7 Other provisions.
A.
Exempt signs: The following are exempt from these provisions:
(1)
Any public notice or warning required by applicable federal, state, or local law, regulation, ordinance, or statute.
(2)
Signs created and/or approved by the Norwell Historical Commission, Norwell Conservation Commission, or other such public entity that display information about historic properties, sites, areas, or other such public uses.
(3)
Works of art that do not include or convey a commercial message.
(4)
Holiday decorations.
(5)
Political signs.
B.
Prohibitions: The following are prohibited in all districts:
(1)
Any sign not specifically allowed, or which has not obtained the appropriate approvals required by this bylaw;
(2)
Illumination, except as described in § 201-14.5A(1)(a) through (c) above.
(3)
Flashing signs;
(4)
Pennants/streamers/feather banners;
(5)
Portable signs on wheeled trailers;
(6)
Signs which are attached in any form, shape, or manner to a fire escape;
(7)
Signs on trash receptacles, benches, shelters, and any other similar structures or units;
(8)
Exposed gaseous tubes;
(9)
Billboards (off-premises signs);
(10)
Roof signs and V-shaped signs;
(11)
Movement, except as described in § 201-14.5A(2), above;
(12)
Signs within a right-of-way, except for hanging signs which project over a right-of-way but otherwise comply with this section, and those signs belonging to, or approved by, a government, public service agency, or railroad;
(13)
Signs which are considered obscene or depict obscene matter, as defined in MGL c. 272, § 31, or which advertise an activity that is illegal under federal, state, or local laws;
(14)
Signs in violation of building codes, or containing or exhibiting broken panels, visible rust or rot, damaged support structures, or missing letters. Such signs shall be remedied or the sign removed within 60 days in accordance with § 201-14.5A(8);
(15)
Signs identifying abandoned or discontinued businesses. Such signs shall be removed within 30 days following the abandonment or discontinuance.
§ 201-15.1 Intent and purpose.
This bylaw is adopted for the purpose of identifying and protecting the historic and aesthetic qualities of the Town by preserving, rehabilitating or restoring, whenever possible, buildings which constitute or reflect distinctive features of the architectural, aesthetic or historic resources of the Town, and which otherwise would be demolished, thereby promoting the public welfare and preserving the cultural heritage of the Town.
§ 201-15.2 Definitions.
For the purpose of this article, the following words and phrases shall have the following meanings:
Any combination of materials forming a shelter for persons, animals, or property.
The person occupying the office the Norwell Building Department who is authorized to issue permits under 780 CMR 110.
Any Building within the Town which, in whole or in part:
The Norwell Historical Commission.
A member of the Commission who has been designated by a majority vote of the Commission to make a determination as to whether a Significant Building is not preferably preserved without a vote of the Commission.
A member of the Commission who has been designated by a majority vote of the Commission to make a determination as to whether a Significant Building is not preferably preserved without a vote of the Commission - and who may act to make that determination only if the Designated Member is not available.
The razing or tearing down of a Building or a significant portion of a Building that requires a Demolition Permit and shall not include ordinary repairs or maintenance. Ordinary repairs and maintenance be determined by the Building Official and shall include, but shall not be limited to, replacement or repair of existing structural elements such as siding, windows, doors and roofs. The determination of whether a portion of a Building proposed to be demolished is significant shall be made solely by the Building Official.
The permit issued by the Building Official as required by the State Building Code for the demolition, partial demolition or removal of a Building.
The Commission may prepare an inventory of Significant Buildings ("Inventory") for presentation to and adoption by Town Meeting as part of this bylaw. Any such proposed Inventory or proposed amendment thereto shall be presented to and voted by an Annual Town Meeting for adoption as part of this bylaw. The Inventory, once prepared by the Commission and then adopted by Annual Town Meeting, shall become a part of this bylaw and a copy of the Inventory shall be published on the Commission's Town of Norwell website.
§ 201-15.3 Demolition delay procedures.
The following demolition delay procedures shall be followed:
A.
Any application ("Application") for a Demolition Permit shall include the following:
(1)
The address of the Building to be demolished;
(2)
The age of the Building (and its parts, if different);
(3)
Whether the Building is on the Inventory;
(4)
Whether the Building is on the National Register;
(5)
A brief description of the demolition project and proposed future use; and
(6)
A photograph(s) of the Building, showing what is proposed to be demolished.
B.
No Demolition Permit shall be issued for a Building without the Building Official first determining whether the Building is a Significant Building.
C.
No Demolition Permit shall be issued for a Significant Building until the procedure set forth herein is completed.
D.
The Building Official, within seven days of receipt of an Application for a Demolition Permit for a Significant Building, shall forward a copy of the Application to the Commission (and any Designated Commission Member(s), if approved by the Commission).
E.
The Commission (and any Designated Member(s)) shall take the following actions:
(1)
Within 10 business days of the Building Official forwarding the Application, the Commission, or, If authorized by the Commission, a Designated Member or Alternate Designated Member shall make a written determination as to whether the Significant Building that is the subject of the Application for a Demolition Permit is or is not preferably preserved and then shall forward the written determination to the Building Official and the Commission and the Applicant.
(a)
Not preferably preserved.
[1]
A written determination that a Significant Building by the Commission or a Designated Member is not preferably preserved shall be forwarded by the Commission, forthwith, to the Building Official. A written determination by a Designated Member or Alternate Designated Member that a Significant Building is not preferably preserved shall be binding upon the Commission. Upon receipt of a written determination, by the Commission (or a Designated Member, including an Alternate Designated Member), that a Significant Building is not preferably preserved, the Building Official may issue the Demolition Permit.
[2]
If no determination is made by the Commission at all within the seven-day period, the Building Official may issue the Demolition Permit.
(b)
Preferably preserved. If the Commission (or a designated Member, including an Alternate Designated Member, if authorized) does not make a determination within 10 business days that the Significant Building is not preferably preserved, then the Commission may give notice that it will and then it shall notice and open a public hearing within 30 days of the Commission's receipt of written notification of the Application and make the determination of whether the Building is preferably preserved or not.
(2)
Commission's 30-day deadline to open a public hearing. If a determination is not made within 10 business days that the Building is not preferably preserved, then the Commission shall then have 30 days (running from the expiration of the 10-day deadline) to open and hold a public hearing and make the determination. The 30-day deadline may be extended by mutual written agreement by the Commission and Applicant, a copy of which shall be filed by the Commission with the Town Clerk's Office.
(3)
Required public hearing procedure.
(a)
Public notice of the time, place and purpose of the hearing shall be properly posted by the Commission, according to local and state law, and notice shall be for a period of not less than seven days prior to the date of said hearing. The Applicant, the owners of all adjoining properties, the Building Official, the Planning Board and the Select Board shall be sent a copy of the notice.
(b)
At the public hearing, the Applicant shall have the opportunity to present the request for the Demolition Permit and to present evidence regarding the status of the Significant Building as preferably preserved or not preferably preserved.
(c)
At the public hearing, the Commission shall determine whether the Significant Building should be preferably preserved or not.
(d)
The Commission's determination of whether the Significant Building should be preferably preserved shall be based upon the Commission's determination that the Significant Building is so historic and/or so architecturally important to the Town of Norwell that an effort to preserve it should be undertaken.
(e)
If, at the public hearing, the Commission votes to determine that the Significant Building is not preferably preserved, the Commission shall notify the Building Official and Applicant in writing, forthwith of the determination and the Building Official then may issue the Demolition Permit.
(f)
If, at the public hearing, the Commission votes to determine that the Significant Building is preferably preserved, the Commission shall notify the Building Official and Applicant in writing within seven days of the close of the public hearing and vote to make the determination.
(g)
If the Commission does not make its determination within the 30-day period for the Commission to conduct the public hearing or does not provide the Building Official with the Commission's written determination within 10 business days of making the determination (unless there is a mutually agreed upon extension in writing with the Applicant regarding the deadlines), then the Building Official may issue the Demolition Permit.
(h)
Upon timely receipt by the Building Official of a written determination by the Commission that a Significant Building is preferably preserved, the Demolition Permit shall not issue for a period of 12 months from the date of the determination, unless otherwise agreed to by the Commission.
(i)
If the Applicant for the Demolition Permit can preserve or relocate the Significant Building or if the Commission finds the Applicant made a good effort to preserve the Significant Building, then the Commission may reconsider and shorten the delay period and notify the Building Official and the Building Official then may issue the Demolition Permit.
(j)
Following the expiration of any required demolition delay period, the Building Inspector may issue the demolition permit.
(k)
Following determination under this article and the expiration of any delay period, the authorization to issue a building permit shall continue to exist unless a significant change to the project is proposed.
§ 201-15.4 Emergency demolition exception.
If the condition of a Building may pose a serious and imminent threat to public health or safety due to its deteriorated condition, the owner of such building, structure or property may request the issuance of an emergency demolition permit from the Building Official. As soon as practicable after receipt of such a request, the Building Official shall arrange to have the property inspected by a board that shall consist of the Building Official, the Commission's Chair, the Board of Health's Chair and the Fire Chief, or their respective designees. After inspection of the Building and in consultation with this board, the Inspector shall determine whether the condition of the building, structure or property represents a serious and imminent threat to public health or safety and whether there is any reasonable alternative to the immediate demolition of the building, structure, or property which would protect the public health or safety. If the Building Official finds that the condition of the Building poses a serious and imminent threat to public health or safety, and that there is no reasonable alternative to the immediate issuance of a demolition permit under the provisions of this section, the Building Official shall prepare a written report describing the condition of the Building and the basis for the decision to issue an emergency demolition permit and file it with the Commission and then issue the demolition permit. Nothing in this section shall be inconsistent with the procedures for the demolition and/or securing of the building and structures established by MGL c. 143, §§ 6 to 10.
§ 201-15.5 Violations and penalties.
A.
Anyone who demolishes a Significant Building identified in § 201-15.2 of this article without first complying fully with the provisions of this article shall be subject to a fine of not less than $300 per violation which the Commission may issue in accordance with state law; and the Building Official shall not issue a building permit pertaining to any parcel on which the demolition occurred for a period three years after the date of demolition.
B.
The Commission shall have the authorization to waive or modify the three-year restriction on the issuance of a building permit.
§ 201-15.6 Appeals to Superior Court.
Any person aggrieved by the determination of the Commission may, within 20 days after the filing of the notice of such determination with the Building Official and the Applicant, appeal to the Superior Court for Plymouth County. The Court shall hear all pertinent evidence and shall determine whether the determination of the Commission is supported by the evidence, in which case it shall be upheld, or whether it exceeds the authority of the Commission, in which case it shall be annulled, or may remand the case for further action by the Commission or make such other decree as justice and equity shall require.
§ 201-15.7 Expiration.
A.
Determination that a Significant Building is not preferably preserved. A determination by the Commission (or a Designated Member) that a Significant Building is not preferably preserved shall continue in force and effect for 10 years after the determination is made. The determination shall continue in force and effect even after the initial requested demolition permit expires (and has not been used). However, if a new demolition permit application is made and the scope of the demolition proposed under the new application is determined by the Building Official to have either a greater or different scope of demolition than the original application that was the subject of the Commission's (or Designated Member's) determination, then the demolition delay review process shall begin again for the new demolition permit application. For example, if the determination was for the demolition of a wing of a building and the new application is for a different wing or a larger portion of the building, then that could be determined by the Official as greater or different in scope.
B.
Delay after determination that a Significant Building is preferably preserved. Once a required demolition delay period has expired, but demolition does immediately occur, the Significant Building that was the subject of the determination shall not be required to undergo the demolition delay process again for a period of 10 years. However, if a new demolition permit application is made and the scope of the demolition proposed under the new application is determined by the Building Official to have either a greater or different scope of demolition than the original application that was the subject of the Commission's (or Designated Member's) determination, then the demolition delay review process shall begin again for the new demolition permit application. For example, if the delay period was to demolish a wing of a building and the new application is for a different wing or a larger portion of the building, then that could be determined by the Official as greater or different in scope.
§ 201-15.8 Severability.
In case any section, paragraph or part of this bylaw is declared invalid or unconstitutional by any court of competent jurisdiction, every other section, paragraph, and part of this bylaw shall continue in full force and effect.