HomeMy WebLinkAbout1969 Zoning Bylaw(-
BY-LAWS
Zoning
. gqilding Code
Electricol Instollotions
Oil & Gos Instollotions
Cleoring Lqnd
t 969
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TOWIt OF YARI,,IOU rtl
ZONING 8Y.TAW
With Arncndmcnts throurh ]\l:r(h I966
A by.larv to promote dre Lcaltlr,.rlctv,,:,,n-
scrricncc, morals anrl g,cllnrc of tl,c i,rl,ahit.,rtrhy dividilg thc to!'jn into d;shicl. itld r.,1,'lrr-ing thc usc and conscruction of hrildings rrr,l
prcmiscs tlrercin.
SECTION I. ESTABLISIIMEIIT OF DISTRICTSr. CI-ASSES Of DIS'I RI(l rS. 'I l,c 'l ,,r 'rof Yrrmorrrh h hereby di!idcd rs sh,xn ,,n tl,c
Zoning l,{ap datcd Dcccrnhcr 23. 1915, rn,l 6lrduith thc T,,wn Clcrk, int,, tLrcc rlrsrrs of <lir.tri.ts: RIISIDnN(18 DISIRIOtS, lJt-lSIl.lU-ss
DI S I'Rl(l'l S. INDIls'lIrlr\L l)lSlJll(l'l:;
2. lrr ;r hrr.inc.s di,trirt tl,e rcar l",,rrIlIylinc d,rll hc rhc eri.ting rcrr l],rrnr! rr-r l,,t Iift
as o{ drt,: o[ ;Lcccptinc,: of this (,rdirrlr... r"!
t,, crc"c,l I"r. , r l2n" l, "l .rr ,,rr l,r
3. I-(J'I S tlJ 'l WO DIS I IUat',t S \\',1'"rr rrlidri.t t]Ol rlJI)1\llY l-lNe divides i l,,t irr
sinFlc or j,,inr ovricr!hit irt tl)e timc such linc
is ad.,prcd. tlrc rcrulntiorr.'f0r thc lc.s rc.lrr:lr Ip"rt',,i of such l"t slrrll crtcnd n,'t rr' r. rl,rr
rhirty fcct ir)r,' thc nrnr.. rc.trictcd f^rti ,r, f. 'viderl tLe l,:t lras [rontagr on a slrcct r'l| llrc
less rcstrictcd district.
4. Rcsirlencc dirtrict" $ill hc furt|cr di''id,'rl
into districts to I'c kno\.rr r< l{D-1. RD.?. l(lr I
Rl) 1. 'I;csc districts rlrc shosn (,n i, fhn .,r,
titlcd RIiSIDIIN't lAI- ZONINC lr,\l'()l' lll,l1O\\/N ol: YARMOtllll rlatr:d ltl-.,Lrarv t.
196,,. ..\."r'rir( tl,, rr f',,rrr tl,. l',r.in" . ," I r,',t,,.:
t'ir1l (listricts shoNrl i,n th0'1,rvn of Yrlthrttlr
!orrinq rnrp rpprovc<J bv thc Attornry G.n.rr,l
on A',cun l l. I9r8. .:rid district lo rrnrl'n jr
prc.cntly sct f0rtl.
SECTION II. RESIDENCE DISTRICT USES
In a- residcncc district no building or prcrn
ires shall be er.at.d, altercd or used for anv
purPose exccpt:
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1. One or two,family dwelling. A dwelling
is deGned to be a building designed for resi
dential purposes and not a trailer whether
mobile or immobile and howevet raid tailer
rnight be a6xcd to the land.
2. The taking of boardert or leasing o( rooms
by a fanily residen! in the dwelling;3. Church;4. Educational usell. Fatm or garden;6. The handling of 6sh on the sam. premises
where brought ia from the sea, induding
sale;6A. Profeseional uses thal are in coniunctionwith residence user providing that it willnot substantially change the use of the
dwelling ae a residence, upoo the approval
of the Board of Appcab.
68. Yacht clubt not conducted for pro6t and
in elistence jn the Town of Yarmouth prior
to Jinuary 1, 1964.7. Accessory us€ oh the 6ame lot or contigu'
ous lots held under th.6ame ownership
with and customarily incident to any of the
rbovc oermilted u!.s and not detrim.ntal
to a residential neighborhood. ThE term
"accessoty use" io this cection shdll not
include:(a) Garage space for or storage of more
than two iutomobiles, uolese authorized
by the $electmen;(b) No aign ehall be of the neon tyPe or
gas illuminated tube type.(c) Signs, except in a business district, one
sign may be allowed pertaining to the
leasr, sale or use of a lot or building
on which placed and not exceeding a
total area of str square feet: in a resi'
dential disltic, signs may be allowed
on a lot occupied by a dwelling, but
there shall noi be allowed hore then
one sign of six square feet pertaining
to the use thattof or bcaring the namc
o! occupation of an, occupant or occu'
Paotl.,2
A real estate dcvelopment in a resi.dcntial arca wilt be permitred the samesign rizc< as allowed in a business areaas long as active building and sellingis taking place. Such signs must biremovcd within 30 days after suchactlvrtles cease.(d) Tents or trailcrs;
Any of the following use., on approval ofthe Board of Appcals:
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Aviation 6eld;
Cemeteryi
Creenhouse or nursety;d) Hospital, sanitarium, institution or phil,
anthropic use;Municipal use;
Hotel, club, or bovs. o-r girls' campsor a guest house tating 6ve or morc
people or rnotel;
Tea,room in a building existing at th.
trme this by,law takes efrect, provided
thc buildine is nor enlarsed or sub,
Etantially alt€red in appearance, and
no signs exceading a total atea o{ four
square fcet rre drsplayrd;
Telephone exchange, not including a
6ervice statioo or outside storage of
supplics;
Boat building rnd storage:
Municipal recrcational use;
Gravcl or sand pit:
Privatt club not conducted (or pro6t.
9. In thosc districb now designated as resi,
dence districts, on Route 28 from the
Hyannis.Yarmouth line to Bas< River, any
uses permitted in r business district with
the approval of thc Board of Appeals by
way o{ a.pecirl pcrmit as provided in Sec'
tion 30. Chrptcr 40. of Cencral Laws, and
the said Board of Appcals is hereby author'ired rnd rmpowcred to hcrr and decide
requesls fur spcci:rl pcrmits under this
Scction, as providcr.l by said Statute, herein,
b€for€ Eentioncd.
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SECTION III. BUSINESS DISTRICT USES
In a business disrrict no building or pr.miles
chall bc erected, altered or used for any purpose
iniurious, norious or offensive to a neighbothood
by teason of the emission of odor, fumes, dust,
smoke. vrbralion, or noise or olher caure ot for
any purpose ercept:l. Any use permitted in a resid€nc€ district;lA. Srens shall bc permitLed in a business drs'
trict in accordance with the following pro'
visions:l. Signs herein shall mean all advertising
devic€s or insirnia whether lettered or
not, designed to ptomote a busioets, the
sale of a product or of a service.2, The area of a liqn or other advertising
device shall be determiotd by the mul'
tiDlication of the ertreme width and thc
eitreme heiqht, including borders and
without deduction! for open rpacc or
other irreeularities.3. Supponini posts, piltars ot arms of
othei than aciepted sizes or desjgn shall
require the approval of the Building In'
6D,ctor. All 6iPns on the premises shallb! kept in good condition, ProPerlY
Daintea and presenting a good appear'
ince in Leeping with the area where
located.4. Illuminattd signs shall not have any
slare disLractins to drivers nor shall
ihere b" any eiposed neon or gas'tube
6lled risns or illuminalion in colore that
will coiflict wilh the abilitv to readilv
see trafrc lights or cause any hatardous
coodition therefrom.2A. Size:
There shall be but one double faced sign
of not over 12 souare feet wrthin ll feet
of the hiehway b6undary. lf said sign is
located biwecn It and l8 feet from the
road boundary it may be It squrre fect in. area, and if located more lhan l8 f.et from
the road boundarv, it may contain not over
2l square feet in area with the upper and
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lower edgcs to be determined by the con,
tour of the ground and with the approvalof the Building lnspector.
Majot attractions and unusual establish.
ments shall be given consideration as to
sign design and siles with the roint con,
sideration oI the ourner and/or architect
involved, the Selectmen and Building In,6peclor. The plans for all buildings toinclude location and sires of all eigns and
to be considercd before the permit is issuid.3A. Single faced signs:
Single faced signs parallel to the highwiy
and not in contact with a br-rilding will be
allowed 311/1'/o over the ptevious limits,
lhe hcrght rnd locatron of all signs shall b€
approved by the Building Iospector.
Signs on buildings, may he of the same
6i!€ as permitted single faced signs, but with
the cxception of cut.out lelters, th€y may
no! be p:rintcd or poslcd on the surface of
any building without an intermediary re,
tDolable surface.
Signr on buildrngs may be of a size inproportion lo the sizc o[ the buildings so
that thcy will be io Leepiug with said build,iog from an architectural standpoint *ithno deinite size rcstrictions. but to be ap,
proved by thc Building In.pector and sub.ject to revicw of the Appeal Board.
Cut-out letters must be kept within Ejzesproporlioned to the area on which used.
No signs adv€rtising "off the premises"
products, scrvices, ent€rlainment or any,
thing detracting from the appearance of the
neighborhood shall be pain*d or a6xed to
a rock or tr€e.
National Emblems: There shall be no
more than two so.called "National" em,
blcms of not more than a total ot 1,000
Equare inches and ni,t more than 600 square
inches for rnv onc rrch cmhlem
Therc shllibe no morc lhnn one "Acccs.
sory" sign and this shall not eiceed three
square f€et in area.
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No sign or other adverti6ing device shall
he permittrd urithin the Town limitq, that,
ln tte opinion o[ thc Sclectm.n tnd/or tle
BuitdinE Inspector having regard for the
health and safety of the public, the danger
of 6re or in consideratioD of the general
atmosphere of the area would be conaidered
d€tracting or a hazard.
Signs on Town Ways erected as e pr.rblic
convenience will he limited to so,called
"Community" displays and shall require a
rermit to be issued by the Building In'
.oector. These will be limited to a stand'aid size and lettering, and will be ma.r'n'
tained by a person or persons designated
by th€ Board of Selectmen.
Gasoline statioN and garages will be
allowed the standard permanent oil com,
pany eign in addition to name sign. plus
the customaty lubricarion, washing and
service Eigns displayed in the positions to
which rhev appli and one A.frame or easel
type sign. and so.called special signs will
be permitted on sides or heads o[ gasoline
oumos onlv. Promotional signs and mate'i;al,'*ittr ihe erception of banners and
whirligigs, supplied by gasoline or trre com'
oanreJto promote a new product or sales,
may be dlsplayed for a period of thitty
days upon nottce to the Building InsPector'
2. Filling station, garage, or stable on approval
of the Selectmen;3. Municipal use;,{. Ofrce or bank;i. Place of amusemcnt or assembly on ap'proval of Board of Appeals;6. Retarl business, .ervice or public utility not
involving manufacture on the premi(es er'
cept of products the maior portir-rn of which
ari to he sold at retail by the mrnufacturer
to the consumer, and provided further thatnot bore than four operatives ahall be
employed in 6uch Eaoufacturei?. Hotel, club, boys' ot gitls' campsr a gu.st
bou6e taLi[g 6ve or oore peopl€, ot rdotel;
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8. Privatf, club nor conductrd for pro6t;
In a hrrcinc.r (lid'i..t n" h'rililirI or prcrniscr
slrull hc rr.ctl. crc,trrl. or rrltrrr.tl l,r thc prrrp,xcof maintaining a trailcr park, so.called, except onapproval of thc Board of Appeals, by the wayof a special permit, as provided in Section Il,
Paragraph 9, and thcn only when in the judg,
ment of the Board of Appcals that such approvalor pcrrnit will tend t<r inrproYe the status of the
neighborhood and whcre thc non,granting of suc$
permit of thc same woul,l irnp,rse a hardshrp uponlhe owner or uscr of raid l:rnd.
SECTION IV. INDUSTRIAL DISTRICT USES
In an irrLlustrral disrrict n,' huildi'rg or premises
shall be erectcd, altercd or uscd for any purpose
inrurious, noxious, or olTensive to a ncighborhood
by reason of the .,nissi{)n t,f ,odor, fumes, dust,
Emoke, vibration, or noisc or othcr causc.l. Any use lermittcd in a rcsidence or busi
rless district.
2. Any manufaLturing, proc.ssing or asscm,
bling usc, thc rnot,vc powcr bcing clectricity
or other unohjectiooable motive power.
SECTION IV.A. MOTELS
ln addition to ulhcr pruvisions governing
rnotels hercin, the following provisions shall also
apply to the use of motels wherever provided Iorin this By,law.(a) For each lot upoo which a motcl is co be
erectcd, there shrll hc a minirnurn frontageof one hrrndred tlvcnty.five (12t) felt anda minimum of twcnty.five lrundrcd (2i00)
square fect of lo! arcir for dle first ten (10)
moLcl units. F,'r crch motcl unit in .xcessof tcn (10) motcl units, thcre shall be pro,
vided an additional trvo hundred 6fty (2t0)
square fect of lot area.(b) No motel or additi<,n to a motel shall be
erected or placed ou a lot which will resultin the covering by all huildings of morethrn thirty.6ve (31) pcr cent nf lhe lor.(c) The rnaximum heig)rr of any motcl shall beaot toore than two (2) stories.
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(d) In addition to one ofi,street parLing !pac.
for each motel unit, there shall be t{,o (2)
additional .paces for cach tcn (10) motel
units or fraction thereof.(e) Por each lot upon which a motel is erect.d
there shall be provided a front yard or set'
back distance of not less than thitty (30)
fret: a side verd on each side of not less
than 6(teen ttt) teet; and a rear yatd of
not les6 than Gfleen (tl) feet. No other
uses are prrmitted in these yard areas etcePt
that of a driveway in the front yard. All
yard areas shall be appropriately landscaped
and adeouatelv maintained.(f) A site ilan fot each proposed motel shall' bc submltted to the Building lnspector with
tbe request for a building permic. Said aite
plan shall ehow, among other thingt, all
eristins and propored buildings. s!ructure3,parkini spacis, driveway openings, drivc'
wavs, aervice area", and other open uses, all
facilities for sewage, refuee and other warte
disposal, and for surface water drainage, and
all_landscape features (6uch a! feocer, walls,
planting ar.as and walLs) on the lot.
Boston, Massachusett! March lr, l96t
The foregoing amendment to the Zoning By'
Laws is.hereby approved.
(Sgd) Edward W. Broole, Attorney Gencral
SECTION V. NON-CONFORMING USES
I. CONTINUATION OF NON.CONFORM.
ING USES. Any lawful building or use of
a Suilding or premises or part thereof at
the time thjs by.law or any amendment
thereto is adopted may be (ontinued al.
though such burlding or use does not (on'
Iorm- to the provision thereof, provided
SUCH USE }IAS NOT BEEN DISCON,TINUED FOR A PERIOD OF THREE
Y8ARS.2. OHANCE OF EXTENSION OF NON.
CONFORMING USES. The Board of
appeals may permit any non.conforming u.eto be changed to aoy Epecifed u6e not
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substaotially diffcrent in charir.ter or mor.dctri'nrnial or ohjcttion:rblc n' a neighbor'
hood.
SECTION VI. AR,EA REGULATIONS
t. REAR YARDS. No dwelling in any Dis,trict :hall be bujlt wnhin twenty (20) Ieetof the rear lot tinc, except on corner lotq!which shall be considered as having no rearlot line. Accessory burldinss shall nor bebuilt within sir (6) fect of ihe rear lot lineor within twelve (12) tecr oi any other
building, except rn thc Bu(iness or Indrs.rrial Drstrrcts whcre thcre ir a party wall.2. SIDE YARDS. In a Residence District no
burlding or any parr thereof shrll be builtwithin sii (6) fc"t of :r srrle lot linc or
within twclvc (12) fctt of.any othcr br.ril<j,ing. ln a business district no building shall
be built within six (6) feet of any lot line
unless there is a freproof wall or a 6re.proof party wall which shall excend not
lesr than 16 inchrs above the roof. Said
wall may be built on the lot line providing
that the buildins is not to be used lor
human habitarion.3. FRONT YARDS. ln a tesidence district
no building shall be built and no roadside
Etand or accessory use shall be placed
within thirty feet of the slleet line, pro.
vided that no burlding need be sct h:rcL
more than th,rty pcr (cnt ol the dcpth of
the lot nor mor€ than the average of the
setba(ks of the burldings on the lots nert
thereto oD either side, a vacant lot or alot occupied by a building set back morethan thirty feet being counted as thoughoccupied by a building set back thirty feit.ln a business or indusrrial district no build,ing shall he built and no roadside srandshall be placed within twenty feet of the
street line, €xcept in the business di6trict
adjoining and Southerly of Route 6 alongStation Avcnuc. n,r hurldrng shall bc builtand no roadside srand shall bc placrd
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wirhin ,t feet of the str€et line aod no
barkin! lol shatl be built within 2l feet;f rhe-stre2t line. orovided that no build'
ins shall be olaced nearer the street line
th-an the avcrise alisnmcnt of the setbacks
of the buildineion the two lots next theretu
"" either sidel €xistinE at the time of the
nessase of this bv'law. a vacant lot or ai"t ni."oied bv i buildine set back more
than N;ntv felt beins counted ar though
occupied bi a building set back twentv feet
LOT SIZE:(a) No dwelline shall be erected in any' RD,t distriat on a lot containing less
than 20.000 souare feet or less than
l50 feer wide for a dePth of t00 feet
from the street line.(b) No dwellinq shall be erected in anv' RD,2 distriat on a lot contrining les!
than lt,OOO square feet or less than
l2f feet wide ior a dePth of 90 (eet
from the street line!(c) No dwelline shall be erected in anv' RD,3 distr,;t on a lo! containing less
than 10.000 square feet or less than
100 feet wide lor a dePth of 80 fe€t
from the street line;(d) No dwelling shall be erected in anv' RD 4 distriar on a lot containing Ie'6
than 8.t00 sqrre leet or less than 80
feet wide [or'a depth o[ 80 feet from
the street line.(e) No dwellins shall be erectrd in any' ' district on i 1ot containing less than
8.t00 square ftet or less than 80 feet
wide foi a deoth of 80 feet from the
street line. Drovided that one dwelling
mav be ereited on any lot which. at
the'time this by'law is adopted, either
is sepatatelv owned or is Shown on a
recorded plan of lots.
On new subdivisions of land the corner
lota thereon shall contein a minimum alea
of lo,oo0 ,qu"." feet with a minimuE of
loo foot frootage on eacl stleet.
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'. APPURTENANT OPEN SPACE. Noyard or othcr opcl spacc rcquired for a
buildnrg by this byJaw shall, during thelife of such building, be occupied by or
countcd as open spacc for another building.6. PROJECTIONS. Norhins hcrein shall
prev€nt the projection of cornice". window.ills. belt courscs :rnd othcr ornamental
featurcs into any rcquired yard, not exceed,
ing eightccn (18) inches, excepl that st€p6in front yards may he permitt€d.
7. No person shall fll any area r'n chc Townof Ynrrnouth with cirth, concrete or other
material (o a depth in cxcess of 6ve (i)
feet without a pcrmit from the Borrd ofSclcctm.n. Said B,'ard mny require an
applicant f,rr srrch pcrrrit to furnish suchplans or specifications as the Doard may
deem neccssary and any permit issrred here,
under rnay cootain such provisions, condi,
tions or limitrtions as thc Roard may deempropcr. Any person aggrieled by any ac,tion ol the Iloard rrf Sclcctrncn hcrcundcr
shall hare the right to appcal to the Zoning
Board of Appeals under the applicable
provisions of the Zoning Laws.
SECTION VII. ADMINISTRATION
l. ENIORCEMENT. This by.taw shall bc
enforced by the Sclectmen rntil such time
as th€re is a building inspcctor and ther€.
rltcr by such inspcctor.2. BOARD Oll APPEALS. There shall be a
Board of Appeals o[ 6ve mcmbcrs and not
less than two nor more [han four associate
memb€rs appointed by thc Selectmcn asprovidcd in Se.tion 30 of Chapter 40 of
the Gcneral Laws, as amended, which shallact on irll matters within its iurisdictionundrr those hy,larvs iu the mann€r pl€,
scribed in srid section.
2A. Whcnever a variance. a spccial pcrmit or
rpprov:rl of thc Board of Appcrls is given
for a busincss, industrial or commercial use,
thel! the sign lest ctions applicable m busi.
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ness districts shall apply to auch vlrianct6,
Epecial permib or approvala.
No buildings rhall be erected, placed, or
changed ar to the use thereof, vrithout a
oermit therefor issued bv the Selectmen.ihe Selecrmen may require, if they derm
necessery, dans and speciGcations to be
6led wiih ihe application for permit, such
permit and applicition therefor to be in
such form as the Selectm€n prescribe. Any
person agErieved by the refusal of the
Selectmen to issue a permh und€r the pro'
visions of these by.laws may appeal to the
Board of Appeals by 6ling with the Select'
men and the Board of Appealr a noticeof aooeal. in accordance wirh thc rulec of
th" ili,"rd on 6le with the Town Clerk and
rn accordance with Section 30 of Chapter
40 of the General Laws. Applications for
permits from the Board of Appeals required
by these by.laws shall be 6led in the tame
manner. Any perrnit used hereunder shall
be void if not used $rjlhjn 90 daya froo
date of iosue.
Tha Board of Appeah may authorize
upon appeal a variance ftom the terms of
these by.lacrs with respect to a particular
parcel of land where, owing to conditions
peculiar to such parcel, a literal en{orce'
ment of the provjsions o{ these by,laws
would involve substantial practical difrculty
and hardship. In granting such a variance,
due consideration ohall be given to pro,
moting the public good, and no variance
shall be granted which will have a dctri,
mental effect upon the neighborhood. lr,
any case where the interpretation of these
by.laws is not clearly obvious, the Select,
men are authorized and directed to submitto the Board of Appeal for expression of
opinion beforc issuing a ruling on suchcase. ". no appeal or petition . . for
a variance from the terms . . with respect
to a particular parcel of land and no appli,
clation for a special exception to the terms
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. . . whrch h;rs bccn rrnfavorablv actcdupon by the Borrd of Appoals shall be con.
sidered on itq merrts by irid Board withinTwo years altcr thc date of such un{avor,able action ercept with the consent of allthe members of the Plannine Board . . .'PENALTY. Any person violarinq any ofthc provrsions of this by.law shall be 6nednot more than twcnty dollars for e{chofrcnse. Each day that such violatron con.tinucs .hall constrtutc a separate r_rflense.OTHER REGULATIONS. This bv.Iewsh:rll not intcrfere wrth or annut any by.la*., rulc. rcgulat-on. or permit, nrovidedtha! unlc<s.pecrfcally excepted. where thisby.law ir morc rtringenr ir shall conrrol.VALIDITY. Thc ,nv lid,ty.of any sectiDnor provis,on ,,t this hy hw shall n,,t invati.
d.rte any orher sccirr,n or provisions hercof.
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BUILDING CODEAdopted 1950 - Extenlively Revited l95l
sEcTtoN t.
To promote the health, safety, moral andgencral welfarc oI it" inhnhitants, to les.en thcdanger from 6re, and to improve the town, lhecomtruclion, repair_and alteration of buildingrand structures in the Town of Yarmouth aiehereby rcstrrrtcd and regulared a. nrovided undetthe pn,visionr ol Section 3, Chapier t43 of theCtneral Lrw., as amendcd by !h; Acts ot 1933,Chapt€r t44.
SECTION 2. NOTIFICATION OFINTTNT TO BUILD, ETC.
PAR. 1. No building c,r strucrure shall be€rected. alkred or recon.tructed wirhour a per,mit granted by the Building Inspecror.PAR. lA. The Building Inspector shall in,spect .all. building operations w,ihin thc town,and shall hasc rhe righr of enlrv at rearonabj;ho,lrr,-.H:. <hall rcquirc that all workmanshipand all building matcrillc cl,ill he "f g"6d qul1itj,
and that typcs and mcrhods of consiiuction shji
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be in accordance with generally acceptcd r?and,
ards of engineering practice. He shall have the
authority to stop ionstruction of any building,
or the mating of any alturation or repair to any
building, when the same is Seing done in a rccL'
less or careless manner, or in violation of lhis
code, or any ordinance or by,law of the Town.
PAR. 2. This By,Law ehall not apply to ac'
cessory Buildings not to be used for the purpose
of habitation, business or public assembly having
a floor space of lesc than Three Hundred (300)
square feet (except garages a3 hereirnfter Pro.vided for).
PAR. 3. This By.Law rhall not apply to ordi,
nary repairs to buildings, providing such repairs
do not include the removal of walls which tcnd
to weaken the structure.
Added Par.2,3 and 4 (1913).
Added Par. rA (1966).
sEcTroN 3.
Applications for buildrng permits shall be ac.
companied by a plan of the lot showing the
actual dimensions of the iot, thc exact location
and sizc of building structur€s to be erected,
together with location oI cesspool or septic tank
and water supplies on proposcd lot and adjaceot
lots, and streets and alleys on and adjacent to
the lot. A record of surh apptications and plans
shall be kept on 6le in the o6ce of the Building
Inspector,
SECTION 4. FOOTINGS
PAR. l. Footings on one or one and one,half
story buildings shall be at least four inches (4")
by sixteen inches (16"), and on two5tory build,
ings, six inches (6") by sirteen inches (16").
PAR. 2. All footings shall extend six inches(6") below loam into sand and all Iootings in
clay soil shall extend thrce feet (3') below gr,ade.
SECTION 5. FOOTINGS AND FOUNDATIONSPAR. l. All Ioundation walls shall be eight
inches (8") of continuous masonry.PAR. 2. All foodng< lor lally columns orposts or masonry piers shall be at least 6ixteen
14
t
I
1
T
inche! (l6r') by sixtecn inches (16") and tcn
inches (10") thick. All masonry piers, iI builtof brick, shall be cight inches (8") by eight
inches (8"), and if built of concrete blocl eight
inches (8") by sixteen inches (16").
19t2 Par. Ll9t3 Repeal€d and new Scction I adonted.
SECTION 5. FIREPLACES AND CHIMNEYS
PAR. l. Fircplacrs shall be constructed of
solid rnasonry with back and sides not less than
8 inches in thickncss and supportcd hy a concrete
footing of at leas! 8 inches in thickness extending
at least 4 inches bcyond rnasonry and extendingto 6rm and undisturhed ground. All outside
6replace anrl chin)ney td)tings shall extend to
and be a part of tLe ,,utside wall footings. All
inside freplace and chimney footings shall be of
the same dimensions as for outsirle footings and
shall extend to firm and undisturbed ground. Ifa freplace is no! construcred directly upon the
footing but at i point above it, such fircplace
shall be supported by a rcinforced concrcte slab
of not lcss than I inches in thickness, Fircplact
hearth extensions shall bc provided for all 6re,
placrs and may taper from the 5 inch thickncssat the face of th€ fircplace to a minimum of3 inches in thickncss at thc front edgc of thehearth. The hcarth cxtcnsion shall extcnd at
least 16 inchcs in lront of, and at lcast 8 irrchcs
beyond cach side of thc frcplace opening. Where
a fireplace is clcvatcd ahote or overhangs a floor
the heartlr extension shall also exrcnd ovcr thc
ar.a und.r thc lircplacc. Srrch hcarth extension
shall be of hrick, concrctc, stone, tilc or other
noncombustihlc nrrterial propcrly supportcd andwith no conrbustiblc malcrial agrinst tl)e under-
side thereof. Woodcn forns or centers usedduring thc construction of hearth and hearth
exlension shall be removcd when the construction
is completed.
PAR. 2. All freplaces and chimneys for low
heat applianccs shall bc of mirsonry, stone or
other ooncombustiblc approvcd or listed materials
It
it
and .rhall le lined with approved 6rc day lincrsnot less than :/5 incher in thr'c&ngs. Fircplaceflue linings ahrli begin at and be suoDonei bythe top of the throat of the 6replacc. -fhe throaior smoke chamber of thc 6replacc rhall be con,structed entir€ly ot brick. Ai the trh cours€ ofbricls above the lintel the maeonrv rhall havereached a minimum rhickness o[ 8 inches andthis thic[ness ehall be carried ro a point notlower-than th. boftom oI the 6rst flue lioing.The flue Iinings shall be continuouc from tt:rethroa! to the rop of the chinrney,bedded one onthe other with crm€nt or fre ciay mortar with
close 6tting jointe left smoorh on the inside. The
6rebo_x. the throat and the connecting flue lining:for the cntire height of the chipney ehall b"ecompletcly as one chamber with no other 0uesor flue linings being or lorming a part of thischamber. Flue linings for hcatjni applianc.6 6hallhegin not lers than t foot bilow the lowestthimble. From rhe top of the hearth slab to thetop of the chimney !he heating appliance IlueIinine shall be. tighdy cnclosed wirh maEonry to.liminate poclcts or void! where ga!06 may
accumulate.
PAR. 3. Chimneys for low heat appliancer
sh.all extend at leasr 2 feer above the higheit pointwhere they pass_ rhro-ugil rhe roof of I buiidinga-nd_at_least 2 leet higher rhan any portion oithe building wirhin l0 fe€t.
PAR. 4. FactorydLrilr fireplaces shall be ofthe approved.type a6 a result ;f tesLs and lisringby a nationally recognired lesrinE laboratory aniahall be installed in accordancc with the iondntions of the approval.
PAR. l. Factoty.built freplace 6tov.s shatt beol th€ approved type as a result of te6ts andlisting h-y _a _nationally recognized testing labora,lory and shall be installed in accordance with the
conditions of the approval.
- PAR. 6. llearth extensions for fa$ory-buitr6replacer and Ior facrory,built 6replace stovesshall be not lcss thao 2[ inches in tirirkne.s andshrll be oI asbestos, concretc, hollow metel. stonc,tile or oth€t approved noocornbustible loat rial.
l6
Such hearth ertcnsions may be placcd on the rubor finish flooring wherher the flo,rring i< com,
bustible or not vrith tlre approval of thc localauthority. The herrth extension shall be readily
dirtinguishable from thc mrrounding floor.
PAR. 7. Factory.huilt chimncy! that have b.cn
approved as a re.ult of rcsts Ind listing by a
nati.nally rcchgnr:cd te,trng lahoratory shall be
installed in accordancc with thc conditions of the
approval rnd oI thc local authority.
PAR. 8. No w"odwork 'hrll hc nl;rced within
6 inchcs of :r fircpl:rce opcning. Woodwork above
and projccting morc than ll,/2 inchcs from a 6re,
placc opening shall not bc placed less than t2
inches from the top of .r fireplace opcnrng.
PAR. 9. Whcrc cLirnncy or 6replace ma.onry
is less than 8 inches btrt in no carc shall wood.
rvork bc nerrer than a clearrnce of I inch. This
shall not prcvent placing chimneys for low heat
applii\nccs entircly on thc cxtcrior of a bUilding
against the sheathing. fircstopping with suitahle
noncombustible material to a depth o( I inch at
the bothn of all spaces between chimneys and
wood joists, beams or hcaders shall be inttallcdin rccordance with the locnl authority.
PAR. 10. Clearances for heat producing ap.
pliance., smole piJ'c*, .'hrmney conncctors and
vent connectors sh:rll hc a. defincd in the Na'
rional Fire Codc as publidred by the Nationalfire Protection As.ociarion entitled "Standard
Installation Clearances. Inches, Ior Hert Produc.
ing Appliances."
PAR. ll. All buildr'ngs, hereafter erected,
shall be of wood, brick, cement, ltone or masonry
cons!ruction.
Amendmen!s:
1912 Added Par. 2A,9, 10, ll, 12, 13, 14, 84,
'4, 'B, 24,l9l3 Repealed and new Section 6 adopted.l9tt Deleted Par. I rnd Par. i and new Par. Iand Par. I adopted.
1966 Rcpealed and new Section 6 adopted.
sEcrrox 7. TRAMTNG
PAR. t. No bearing partition shall br morc
than two feet (2') from main carrying girder.
t1
I
a
I
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PAR. 2. Sills. A box sill or a four by .ir(4x6) may be urctl.
PAR. 3. Girders. Girders shall be six byeight (6x8) or its equivalent, if burh up of twoby erght (2r8), shall be well spiked togetherand joints broLen ovcr bearings. Space betweenberrrngs not to be over cight feet (8').
PAR. 4. Floor timbers.
PAR. l. Bridging. One (l) row of bridging
where span of floor timbers is from eight Ieei(8') to {ourteen feer (14'). Two (2) tows ofbtidging where span of floor timbers is ftomfourteen fee! (14') to twcnty leet (20'). All
l8
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btoF\O\Or.co.l_F€6
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+_9o\.ocri6.{\o*hF
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oo
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floors shall be boarded to outside of sills. and
two by four (2ra) .h.rs sh:rll hc lard unrler all
four inch (a") prrriti,,n. All h,.u.c llo,,,s shall
be cither single or double hoarded. lf single
flooring is r-r"ed thc matcrinl mu"t he cither ply,
wood of not less thrn thrcc.quarters incher ( 3/a")
in thickncss or marchcd hoards of equal fibcr
rtrcss to cnstcrn 6r ot sprtrcc and the end cuts
mu6t cornc ovrr tlc ccnler of a 0oor joist and
be sccurely nailcd to this joist.
I'AR. lA. Extcrior strrtlded walls and roofs
shall he shcathcd with hoar<ls not lcss than 32"
thick and cr)vcrcd with r strndard huilding nrate,
rial as apprcved hy thc Brri|ling Inspcctor. Ply'
wood not lcss thrn l,/2" thick of cxterio. grade
m.rv hc ruh.titutctl tor %" rn.,rc,nl l,,r she,r.
inr.,n crtcri,,r w,rtl.. fl,,,r.. arrrt roofs, providcd
lloors are douhlc thickness.
PAR. 6. Studding. All orrtsirle walls and
beirring partitions two by four (2x4) sixt€e
inches (16") on ccnter. as an alternatc. outsidc
wall" may he lramcrl with {our hy four (4x4)
studs three fect zrro rnchc. (3'0") on ccnter,
with solid four by six (4x6) corner post. I{
outside boarding is vertrcal, corncr braces must
be used. All b€aring partitions shall be two by
four (2x4) plates doublcd. All minor parcitions
shall be at least two h! tlrrce (2x1) .rnd a single
plate may be used. All openings over four feet
(4') shall bc trussed. or timbers !ufrcient to
carry the load. Hca,lers orer all openings in
exterior wall or hearing partitions shall be douhled
and supportcd by jack studs and shall not exceed
the following:
Up to 4',2x4s on edgeUp to 5l/2', 2 !x6s on cdge
Up to ?', 2 2x8s on cdge or I 4r8
Ovet 7', 2 2xl0s on edge or I 4rl0
PAR.7. Collrr Bcanrs. Two by four (2x4) -maximum span of eight feet (8') - two fcet (2')
on centcr. Two by .ix (2x6) marimum span
fourteen feet (14')-two fect (:') or ccntcr.Two by eight (2x8)-maxjmum span sixtcen
leet (16') -rwo feet (2') on centcr. All collar
t9
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F ' ies ;7; =-,:--6 o o!
fnoii
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+ r i r r :; I i;i5i :- iiig I . i + i I r +i
=
e, ri i
u
i I a : I ii I
?EiiiEiiig:liti Siilis i":iiii illl' riii€:ii
=
ii*iii;ii;iiii? itiiiai ii+iilii iiiiira;
aAilirinii;lgii ttiii * iiii=' g* iiiEil;i
MAXMUM CLEAR SPAN - RAFTERS
Total load of 4l lbs. per sq. ft.
8-6g E s'g-+rn'a-.!::1I ii e>A d *- a i v. ,.o t -',!3la lsen:. f ^r q1!t ^.9?
i e *.iiE
.J 6- = l^-o :?= t e f ioo > = >v-i 6 * <'
's,-I ?:.
5- 6i.
F E-:.; 1e
^-a* 5g
:,;. S E fiElx 3:
Size
2\4
2x4
2r.6
216
2r8
2x8
2x8
2xlO
2xlC
2x10
Dist. on
Cznter
16"
20"
16"
20"
16"
24"
16"
20"
24"
Hem,
lock
1',.4"
6',.7"
tt'.1"9'.tt'
12'.1"
t8'.6"
16'..1"
tr'.1"
Whit!
Pine
6',.t0"
ll"l"
to'.4"
t1'.6"
l3'.10"
t2'.7"
t9'.3"
17'..3"
tt'.9"
Spruce
a'.4"
1'.6"
12',.6"
t1"2"
l6'.8"
t4'.11"
20'.t0"
18',.8"
t1'.0"
Fir
9'.6"
i',.6"
14"2"
t2''a"
ta'.11"
t6''tt"
t5'.6"
23',.8"
2t'.2"
t9'.\"
Iongl.
Pine
t0'.t0"
8',.ro"
tr'.o"
t3'.4"
20'.0"
11',.ro"
16"1"
21',.0"
22'.3"
20"4"
,-4.
to tir dwelling by a breczeway of six (6) feet or
more in length. Ir the latter case, how.ver, no
windowr slrall be placcd on dwelling side ofgarage. A brrezeway shall not b€ les! lhen .ir
feet (6') from dwelling to garage.
PAR. 4. D€tached garages. Detached garages
ehall not be lers than twelve feet (12') {rom any
other building and need not be 6re.proofed, but
rhall conform with the toning laws.
Amendments:l9l3 Repealed and new Section 9 adopted.l9tt Deletzd Par. l, and adopt€d irew Par. l.
1916 Amended Par,3.
sEcTroN r0.
No wall or c€iling in any building shall be
covercd or lath€d until the Building Inspector
has been noti6ed end has an opportunity to
inspert such $ork. Building Inspector and Wire
lnsoector shall forthwith male an insDection
within forty,eight ({8) hours oI the receipt of
such notice so aB Dot to hold up any work of
construction.
Amendment:
l9t3 Rep€aled and new Ssction 10 adopted.
SECTION IOA. FIRE STOPPING
PAR. 1. All buildings except dwellings hav'
ing an open unoccupied area between the under,
side of the roof boarding and the ceiling of the
floor below shall be f,r€,stopped as follows:
PAR. 2. MOTELS: A double faced fire stoppartition covered with 6reproof material from
ihe underside of the roof boarding to the ceil,
ing of the space below shall be installed abovethe parlition below which 8€parat€B every two
unit5.
t9l6 Added this paragraph.
PAR. 3. PUBLIC BUILDINGS: Must be
6re-stopped in the sarne manner as above and at
intcrvals as 'recommcnded by the Fire Chie{ or
Duildiog Inspedor.
22
.t
SECTION tI. ENFORCEMENT
PAR. 1. This Bv-Law shrll he administered
by the Building lnspcctor. Hc shall approve no
application ot any kind, plans or specifcationswhich are not in all respects in conformity to
this By-Law.
PAR. 2. The Building Inspcctor in the namc
of the Towu mny takc mcasurcs as public safety
r€quires to carry this By.Law into e[ec-t.
PAR. 1. No installation of water. rr,,iring for
the conduit o( clectricity, or ga. shall be made
hy any of the departments having control of the
same. cither perrnanant or temporary, to or on
buildings to bc constluctcd or phced (including
any mode of structurc, mobile or immobile) un,
le.s. or until a huildins ncrmit has.been issued
hy tl,e Burldrnt Irr.nccr,,r rn a(c(,rdJnce with the
Building Code now in force and c,lecr, with the
exceftion oI utilitics to hc in.tallcd in municiprlor school dcpartmcnt wor[.6 or for agricultural
purposes.
l9l3 Repraled and ncw Secdon ll adopt€d.
1962 Par. 3 adopted.
SECTION 12. BOARD Of APPEALS
PAR. l. Thc Board of Appeals established
under the zoning By,Laws shall be the Board of
Appcal. for the hrrrlding By.Laws. No menber
ol thc Borrd of Aprtal< shall act in any <asc in
which he is Gnancially interested. Evety decision
of the Board of Appeals shall he in writing and
shall require the assent of all membets of the
Board. Anv applicrnt f<-rr a permit whose appli,
cation has been refused hy the Sclectmen or any
person dissatisicd with thc decision of thc Selcct,
men on any matlcr lcft by this Dy,Lrrv to their
approval or discrcti(,n may appeal thcrclrom to
th€ Board of Appcals rvithin tcn (10) days from
th€ date of said rctrrsal or decision. It the re,
fusal or dccision of the Sclcctmen h alfirmed thc
ruling is 6nal. lf thc action o[ the Sclcctmcn is
modified or annullcd, thc Sclcctmen shall issue aperoit or decision in accordance witl the dcci,
I
{.,
gion of the Board of Appeab. The Eoard of
Appeals shall grrnt a hearing on €ach appeal, of
which all persons interested shall havr notica.
PAR. 2. Upon p€tition 6lcd by any peraon,
the Board oI Appeale may by unrnimous decison
suspend or vary the application, or provisionr of
the.e Dy.Laws, in specifc cases which appear to
them not to lave been contemplat€d by the By'
Laws, oi in cases wher€ manif€sl injustice is done,provided the decision shall not confict with the
spirit of the By.Laws. The dec,ision shall specify
the variation allowed aod th€ reason or reasons
th€refor,
The Board oI Appeals shall grant a hearing
on every applicaticln for variance or suspension
of which all persons inte.€sted shall have notice.
Amendment:l9l3 Repealed and new Section t2 adopted.
SECTION 13, FEES TOR PIRMITS
For each building permit issued by the S€lect,
men or the Building lnspector for thc erection
or alteration of buildingr, there shall be paid to
the Selectmen or Building Insp€ctor for the use
of the Town, a lee according to th. Iollowing
6chedul€, virr
ELECTRICAL INSTALLATIONS
l. No person sh:rll install wires, conduits,
apparatus, fixtures, or othcr appliances for carry,
ing or u6rng electrrcny ior Lght, heat. cr power
within or connected to any building without 6r.tnotifying the Inspector c,f Wires, in writing, of
!he proposed installetion.
2. Whoever tiolates this law shall be nun,
ished by a 6ne of not more than tscnty doller!($20.00).
Adopted 19.{0.
INSTALLATION OF OIL AND GAS EURNERS
No one shall instnll or matcrirllv altcr oilor gas burning equipmtn! withour Jirsl m:rking
application lor and obtarnrne a lcrmrt. N,r one
shall .tore fuel oil or Iiqrrid petrulcum gas with,
out 6rst obtaining a permit.
The installation of all oil ald gas burning
equrpmenr muqt (,,n{orm with thc rcqrrremcntsof thc Depannrent of I'uhhc S.,fcty rnd hc ap.
proved by the Chief ol thc Irirc Dcprrtment
and/or hy the Brrilding lnspcctor.
Fces for Cas Pcrmits . $2.10 original permit
including 6rst appliancc; .i0 each additional
appliance.
Whocver violatcs thi hy,law shall be pun.
ished by a 6ne of noc more than twenty dollars
( i20.00).
Adopted 19ll.
CLEARINC LAND
Petsons clearing lao<l in the Town oI Yar.
mouth shall burn or rcm,'ve from the prcmises
all cut trees, stumps, bru.h and slash. A permit
!o burn must Iirst he ohtaioed from the ForestWarden. No bru'h, d;rsh, limbs, logs. trunks or
rools arc to be dcpositcd irr the Town Dump
withort first obtaining a petmit from the Boardof Health.
1966 Aoended.
I
3
4t
6
1
For Alteralions t r.00
I car) 1.00
2 ctr) 2.00
2 car or over) 1.00
1.00 (per room)
1.00 (per unit)
t.00
For Garages
For Garages
For Gatages
Dwellings
Motels
All otheru
Amendments:l9l3 Added
1916 Par. I amended.
l96l Sec. l3 amended.
SECTION I{. PENALTY
Whoever wiolater any r,f the provisiona of this
ordinan(e shall be punished by a fine not ex.
ce€ding tw€nty dollars ($20.00) for each ofieosc.
Each dav that such violation conrinues shall
coartituti a teparate otraD6e.
24
I