HomeMy WebLinkAbout1981 Zoning BylawI I
ZONIIIG BYLAIT
TO}'H OF YAR}IOUTH
The Zoning 8y-law of the Town of Yarnputh, reorganized and revised
according to Chapter 808 of the Acts of 1975, The Zoning Act.
Revised - April ll, 1978
Revised - 0ecenber 5, 1978
Revised - Apri | 14, 1980
Revised - Apri I 29, 19e0
Revised - January 7, 1981
s
s
s
5
E
6
$
Yarrooulh, T.
175-1r00.
175-1200.
175-t300.
r75-1400.
I75-rs00.
175 -r600 -
I75-t700 -
75-2r00.
75-2200.
75-2300.
75-2400.
75-2500 -
75-3100.
75-3200.
75-3300.
75-3400.
175-4100.
L75-4200.
175-4300.
175-4400.
175-4500.
ChapEer 175
ZONING
ARTICLE I
Admiuistratioa and Procedure
Purpose.
A&oinis tratioE.
Board of Appeals.
Permit rerierrs.
Applicability.
Validity.
Amendoenl "
ARTICII IIDistrict Regulatioas
Establishment of districts
Use regulations.
Use Regulatioas Schedule.
Intensity of use regulatioos.
lnteasity of Use Regulations Scheilule-
ARTICLE III
General Regulatioas
Parking and loading requirenents.
Fi1ltng.
Sigas.
Desiga staodarcls.
ARTICLE rv
Special RegulatLous
Accessory uses.
Open space village developmeat.
Flood area prorris ioos.
Wetlands Conservaoey District-
Uotels.
ARTICI.G V
Defini tions
ge
1I
1
3
5
7
7
Pa
st
51$1Sr!1
s1$1$r!1
$
$
6
$
!
8
9
10
15
L6
18
22
23
25
26
26
33
35
39
5 175-5100. Definitions.4L
Chap ter 175
ZONING
.AftTICLE I
Adal.nis tratioa and Procedure
! 175-1100. Purpose.
the purpose of this bylar is to promote the health, safety,
nelfare of the inhabitaDts by dividiog the tol.'o iuto districts
the use and construcLioo of buildiugs and premises thereln.
corvenieqce and
and regu la ting
!175-1200. Administ.ratioo.
t'2LO. Enforceoeot. This byLar shall be enforced by the Buildiag lEspector.
L22O. Professional inspection. Construction ou projects under a singlebullding perrnit involving either one (1) or more structures (other thaa
ooe- or two-family dvellings), each containing thirry-five thousand (35,000)
cublc feet of volume or more, or involving fifty (50) or more dwelling uniis,
l,rrespective of type, shall be done with the inspection of a registeredprofessional engineer or architecE, retained by the developer. Such engineeror archltect shall periodically, as requested by the Building lospector,attest that ill work being done under his supervision is being done ia
accordance with the plans as certified uuder Subsection 1411.
1230. Penalties. Any persoa violaring any of the provisions of this bylar
shall be fined oot more thao fifty dollars (950.) for each offense. Eacb
day that such violation coutioues shall constitute a separate offense.
$t75-1300. Board of Agpeals.
1310. Establishment. Ttre Board of .Appeals shall conslst of five (5)
members and such nunber of associate members as the Selectmen shall
deteruine, wtro shall be appointed by the Selectmen and shall act ia all
oatters under thLs bylaw ln the oaauer prescrlbed by G.L. c.40A, 408 and 41,
as amended.
1320. Posers. The Board of lppeals shall have and exercise all the Powers
grantGd to lt by G.L. c.40Ar 4oB and 41, as araended, and by this bylaw-
1te Board's polrers are as follows:
tYaraouth, T.Zor.iag - 2
:.321. To hear and decide applications for special permlts upon
lrhich the Board is empowered to act under: this bylaw, in accordance
rd th Sectioa 1420.
1322. To hear and decide appeals or petiEions for varlances froo
the terns of Lhis bylar, including variances for use, wl.th resPect
lo partlcular land or sErucEures. Such varlance shall be Sraoted -only in cases shere the Board of. Appeals finds all of the follonlng:
(") A literal enforcement of the provisions of this bylaw vould
Lnvolve a substanLial hardship, financial or otherwise, to the
petitioner or appel laat.
(b) the hardship is owing to circumstances relating to the soll
conditions, shape or topography of such land or structures aBd
especially affecting such land or structures, but not affectiug
generally the zoning districE in rdri ch lE is located.
(c) Desirable relief rray be granted wlthout elther:
(l) SubstanElal detrimeot Eo the public good; or
(2) Nullifying or substanEially derogating froa tle
intent or purpose of this bylaw.
L323. To hear and decide other appeals. Other appeals wlll also be
heard aud decided by the Board of Appeals r,-hen taken by:
(a) Any person aggrleved by riasoo of hls laability to oblala spermlt or enforcement action from aoy administrative officer underthe provisions of G.L. c.40A, as ameudedl or
(b) 1he Cape Cod Planntng aad Economlc Development Corroissioa; or
(c) Any person, lncluding any offlcer or boaril of the Tosn of yarmouth
or of any abutting torm, lf aggrleved by any order or declsloa of theBuildlng Inspector or othet admlnistrarlve offlcial, ln vlolstloa ofaoy provlslon of G"L. c.40A, as amended, or thls byleu.
1324. To issue comprehensive permits. Comprehens lve perralts forcenstructloa may be issued by the Board of Appeals for consEructlooof low- or roodera t e- income housiug by a publie agency or ltolred divideodor nonprofit corporation, upon the Board's deteroination that suchconstrucEl.on pould be conslstent wlth local needs, rrhether o! not consl.steBtrrl th local zoning, buildlng, health or subdlvlslon requirements, asauEhorized by G.L. c.408, $$ 20 througb 23, as anended.
Yarnnuth, T.Zoning - J
L325. To issue pi tlihel d building Permits. Building PermiEs sith}eld
by the Building InspecEor acEing undef G.L. ciilr $ 8IY, as amended,
aj a means of enforcing the Subdivision Cont.rol Lan may be issued b/
the Board of Appeals phere the Board finds practical difficulty'or
unnecessary hardship and if the circuustances of Lhe case do not require
that the building be related to a lray shown on the subdivisiou plaa io
guestioa.
t33O. Public Hearings. The Board of Appeals shal1 hold public
hearings in accordance with the provisions of G.L. c.4OA, 4OB
and 41, as arnended, on aLl appeals and petitions brought before
it. Submission shall be in conformitv with Sections 13 and 15
of Chapter 4oA. which shal1 include payment of a fillnq. fee of
thirty dollars ( S3O.OO).
13ll0. Repetitive petitions. Repetitive petitions for special
perrnits, appeals and petitions for variances and applications to
the Board of Appeals shaIl be lirnited as provided in G.L. c. 4OA
ss 16, as aroended.
! 175-f400. Permit. revi errs.
1610. Required permi ts.
1411. Compliaoce certification. Buildings, structures or land may not beerected, substautially alcered or changed in use without certification by
the Building InspecEor that such action is in compliance with then applicabi.e
zoiriag, or without reviep by him regarding whether all necessary pernits
have beeu received froo those governmental agencies froo which apprcval is
reguired by federal, st.ate or local lan. Issuance of a building p errni t cr
certlficate of use and occupancy, where required under the Conrronsea I Eh of
Uassachusetts State Building Code, oay serve as such cerEificaLioa.
14f2. Site improvenents. Uhere more than one (l) principal structure is
erected oD a lot, no occupaDcy pernit for full or parEial occupancy of the
slte shall be issued until parking, access, drainage and utilities serving
thc structure Eo be occupied have been completed to the satisfaction of the
Toun Engineering Department or a bond for their completion. has been posted.
1420. Special p ermi t.s.
L42L. Special pernit granting authority. Unless specifically designated
o'i:henrise, the Board of Appeals stra11 act as the special pernit grantingauthority- Applications to the Board of Aopeals for Special Perrrits sha11-
b€ filed with tha Town C1erk. App].ications to other Specia). Permit Granting
Authorr.ties sha1l be nade directiy to those authorities.
Yarmou th, T.Zonlng - 6
L423. Public hearing. Special pernrits shall only be issued followiog
public hearings held withiu sixty-five (65) days af t.er filing ritl the
special perrnit granting authority an apPlication, a copy of whicb shall
forthrri th'be. given Eo the Town Clerk by the applicaat.
L424. Conditions. Special permits Eay be granted with such reasonabl.e
conditions, regulations or lirnitat.ions as the special permit graotiog
authori Ey may deem necessary Eo seive the purposes of this bylaw.
L425. Expiratioa. Specl'al .permits shall lapse if a substantial usc
thereof or cousLruction has not beguo, except for good cause, withiu
tarenEy-four (24) nonths of special permit approval (exclusive of tiae
required to pursue or await the determination of an appeal referred
to in G.L. c.40A, S 17, as amended, from the grant thereof).
1431. When requ lreJ"
(a) Applications for building permits for new consEruction or additioosfor the following acEivlties, if involving one thousand (l.r000) squarefeet or more of new ground coverage by structures or paving, shall bcsubjecl to site plan review:
(1) Open space vlllage developoents-
(2) Mobile home parks.
(3) Hotels and guesthouses.
(4) All other nonresidential uses requiriag teu (10) or BbrGparkiug space!.
(b) Ia addition, the Building Inspecto! aay require a site plao
review if he deems it necessary lo order to determine zoning courpllanca.
t
L422. CriEeria. Special permits shall noE be granted unless the
applicant denonstrates that no undue nuisance, hazard or congesEioo
will be creaEed and that there w-ill be no substaatial harm to the
established or future character of the neighborhood or towa.
1430. Sl t.e plao review"
Yarmouth, T.Zoaiag - 5
L432. Plans: Plans subject to site plaa review shall shop the
locatlon and dimensions of the lot; the exact locat.ion aod sizeof any existing or proposed buildings, streets and ways adjaceot totle lot; aod existing and proposed topography, drives, parking, land-scaplng, park or recreaEion areas, use of structures and land, screeo-ing, rater, sanitary sewerage and storn drainage; and separaEe plaas shall
also show ground floor plans and archiEecEural elevations of all proposed
bulldings and signs, !o be prepared (excepE in the case of one- andtuo-farnily dwellings) by a registered architect or engiaeer if such
buildings contaio thirEy-five thousand (35,000) cubic feet of space or
EOre.
L433. Procedure. Forthwi th upou their receipt, a copy of the above
plaas shall be fonrarded by the Building Inspector to the Tolrn Engineering
Departneot for iEs reviep and report. No building peruiE shall be issued
rrithout site plan review by the Towa Eogineering Department unless
tvenEy-fivc (25) days lapse from the date of referral without receiptof notice of the.ToLm Eugineeriog Departmeot's actioo.
1434. Criteria for revierr. Ttre Town Engineering Departnent shali
tevies a site plan Eo determioe r*retJrer or Dot the reguirements of the
zoning bylaw are satisfied.
.\-7 $ 175-1500. AgplicabiliEy.
I5lO. Other regulatioos. This bylaw shall not iuterfere r.ri th or annul anybylau, rule, regulation or permitr.provided that, unless specifical.ly excepted,
r.rtrere this bylaw is Eore stringent, it shalL contlol.
1520. Conformance. Cons tructioo or operations under a building or special
perudt shaLL confora to aay subsequent a.mendmeDt of thls bylaw ualess the
use or construction is comeaced wi thia a period of six (6) mc rths after the
lssuaace of t}te perm.it aod, iu cases iuvolving construction, unless such
coEstructioa is contioued through to conpleEion as coatiuuously and expe-dltlously as Ls reasonabt e.
1530. Nonconformancy. Ttre lawful use of any structure or land existiug atthe tioe of enactnent or subsequenL amendrnent of this bylaw may be coritinued,
although such structure or use does not conforo vi ti provisions of the bylaw,
subject to the following conditions and excepEious:
1531. Abaodonment. A nonconformiag use r*tich has been abandoned or
discoatlnued for a petiod of two (2) years or rlore shall not be
reestablished, aod auy future use shall conform with the bylaw.
Yareouth, T.Zoning - 6
1532. Change, extensioo or alteration. As Provided in G.L. c.40A,
$ 6, as amended, a nonconforming single- or tso-family dwelling may
be altered or extended, provided thaE the Building InsPector determines
thaE doiag so does not increase the nonconforning naLure of said
structure. Other preexisEing nonconforuring structures or uses 6ay be
extended, alEered or changed in use oo speclal Permit from the Board of
Appeals if the Board of Appeals finds that such exEension, alteraEloa
or change r:111 not be substantially more detrimental to the neighbor-
hood thaa the existing nonconforain3 use. Once changed to a conformiog
use, no structure or land shall be permitted t.o reverE Eo a nonconformiog
use.
1533. Restoration. Necessary repairs anil rebuilding after daoage by
fire, storo or similar disaster are hereby permitte<i, provided that they
are accomplished rlithout uridue delay and do not subst.anEially change thc
character or size of the buildings, nor the use to v'hich 'they rlere put
prior to such danage.
1534. Isolated lots aod subdivisious. Under G.L. c.40A, S 6, as
a.oended, lots not held in cosmon orr-Dership wi Eh any adj oining Land
are gen5:rally not subjecB to subsequent amendmeot.s in dirnenlioaal
requirements, and land shosa ou subdivisioos or other plans endorsed
by the Planniug Board are exempted from subsequenE zoning amendnentsin certain respects for a linited period of time. (See G.L. c.4OA,
$ 6, as anended.)
1535. Dimensional exemptions. One (1) single-family tlwelling may be erected --'
on any legally created 1ot shorm on a recorded plan, as long as all zoning
requirements applicable to the lot at the time it rtas recorded at the
Earnstable County Registry of Deeds or Land Regist:ation Office are compliedwith, including area, fronEage aod yard requirements, and as long as all
current zoning requiremenls other than intenslty of use regulations are met.In a Higtuay Corrnercial DistrictS a lot or parcel of land having an are!or a'frontage of lesser amouots Ehaa required in this bylalr oay be coo-
sidered as cooing ittthid Ehe area and front.age requirenearts of this bylarr,
provlded that such 1oE or parcel of 1and sas shoq.n oa a plan or ilescribed iaa deed duly lecorded with the Barostable Couaty Registry of Deeds or Laoil
RegisEration Office at the time of the adoption of this bylau and did not atthe time of such adoptiou adjoin othe! land of the s arre owne! avallable foruse Ln connecEton sith such lot or parcel. If there is a contiguous opeE1ot (or loEs) under the same ornersliip bounded ln.a degd or shorro oo aplan duly recorded'lrith the Barastabll County Registry of p."6" 63 r.-a'rd
Eegistsration. Office plior to the adogtion of Ehis byla.,r, and not to bcused for residenEial. putposes, the Board of Appeals (afte= due ootiee anit
+and fndustrial District
Iaroou th, T.Zoolag - 7
public hearing) shal1 require thaE such lots be merged, so as to provide
the oaxiaun possible area uP to eight. thousand five hundred (8,500)
square feet pe! nerc lot thus created, except that if the total coobined
lrea of sucb contiguous opeE lots under one (1) ownership is not more
tbaa eight thousaod five hundred (8r500) square feet, the Board of Appeals
aay perm-it the creatioo of, and issuance of buiLding pernits for, a total
auober of lots less than eight thousand five hundred (8r500) square feeE
egual to the number of eight-thousand-five-hundred-square-foot 10t.s,
plus oae (1), t}at could be laid out withio the entire tract under one (1)
ormership. As used ia this section, the word "contiguous" shall be
Lnterpreled to Eeao having a cbnnoon boundary equal in length to at least
oae-half (!) the total lengtb of the longer boundary adjoining.
t U5-r500. Validity.
lte invalidity of any sectiou or provisions of thls bylao shall nor- invalidate
oy othe! section or provisions hereof.
$ f75-1700. .Arsend6eot.
TtrLs bylare aay be amended in accordance with the procedure desc;ibed ia
C.L. c.40A, $ 5, as amended.
Yarnouth, T.Zoning - 8
ARTICLE II
District Regulations
E tlS-zloo. Establi shrnent of dj stricts.
21l0. Classes of districts. The Town of Yarnrouth is herewith divided into the
fc I iowi ng cl asses of districtss
Residential: (Res.) R-A, R-8, R-C, RD-'l , BO-2, RtI-3 and R0-4
Busi ness (Bus. )
Highway Cormerci al (H.C.)
Industri al ( Ind. )
Wet lands Conservancy (!r.C. )Floodplain Zones: A, V, I and C
2ll ]. Zoning Hap. Residential, Business, Highway Conmercial and Industrial
Districts are defined and bounded as shown on the map filed with the Town Clerk
and entitled rrZoning l,lap, Town of Yaimouthrr, dated December 26, 1972 as most
recently amended. This map and all explanatory matter thereon is hereby mbde
par t of this by-law.
2112. I'let I ands Conservancy District
(a) The Wetlands Conservancy District shalI consist of all water bodies, andall lands in the Town of Yarnrouth containing the following soils:
( I ) peat.
(2) Coastal beach.
( 3 ) iluck.
(4) Sanded muck.
$) Freshwater marsh.
(6) Tidal marsh.
(7) Au gres I
(8) Saugatuck
dny coarse sand, zero-percent bo three-percent slopes.
sand, zero-percent to three-percent slopes.
Yanaouth, T.Zoaing - 9
(b) Fot purposes of general reference, detailed soil survey fieldsheets sill be kept on file sirh the Town clerk and rrith thl planningBoard. The final determination of the location of boundaries for theConservaocy Distrlc! shal1 be based upoo site soil analysis.
2113. Floodplain zanes. The Floodplain zones are defined and bounded asshown on the rnap filed with the Town clerk and entitled ,,F1ood HazardBoundary Map H-o1-o4, Flood rnsurance Rate Map 1-ol-o4, Town of yarmouth.
dated May 2, 1977 rtr and as approved by Yarmouth Town Meeting, April LZ, lg?zThis nap. and all explanatory matter thertson is hereby -made part of thi.s byla
2114. Business Districts.. In a Business District, Ehe rear boundary Line
shall be the existing rear boundary lot lines as of March 15, 1946, ncrt Eo
e:<ceeit, hor:ever, one thousand Ewo hundred (1,200) feet. iR depEh.
2115. Highway Comrnercial Districts. In a Highway Con'rnercial District.,
the rear boundary line shall be the existing rear boundary lot lines
as of June 24, 197L, noE to exceed, howevet, one thousand two hundred(1,200) feet. in depth.
2120. Rear Bouldary lot line. The rear boundary lot Iinerrr for purposes ofdistrict definition, is defined as that boundary line of a lot shown on a pia.of land or described by deed, recorded with the Barnstable County Regist:y ofDeeds, which is opposite the street line of Poute 28.
2130. Lots in two districts. Where a district boundary line divides a
lot ln existence aE the time such line is aCopted, Ehe regulations for the less
restrlct.ed portion of such lot shau extend not more than thirty (30)
feet LDto the more restricEed porEion, provided that the 1oE has frontage
oa a street ln the less restricted disErlct.
g 175-220C. Use regulations.
221C. Appllcatiou. No bullding or structure shall be erected and ao
prenLses shall be used, except as set forth iri Ehe Use Regulations Schedule,
2220. ore thau one use. llhere a proposeil use night be classified under
Bore thaq cne (1) of the follosing categories, Ehe nore specific classificatior
shaIl determine perrnissibiliEy; if equally specific, the more resEtictive
shall prevail.
2230. . Symbols. Itr the followiag Use Reg.:lations Schedule, symbols shall meao
the fellouiug:
Yarmouth, T.Zoning - l0
l42O t
(a)
(b)
(c)
Permi tted uses: Yes.
Excluded or prohibited use: No.
Use authorized under special permit
(l) Acted on by Board of Appeals:
(2) Acted on by Selectrnens BS
Use Regul ations Schedu I e.
as provided for in Section
BA
BA
Yes Yes YesYes
YeS
v"lo
Yes
No
3 Ds-zloo.
Agricu lture and Open
A-l Conmerci al nursery or
greenhouses on parce I
under ! acresb2 0ther agricul ture,
horti cu I ture, f lori-
cu I tu ref3 Aquacul ture, fi shi ng
shel lfi shi ngA-4 Forest ry, trappi ng,
hunt i ng
Res'idential
BABABABABA
7Yes Yes
Yes Yes
Yes Yes
Yes
BA
7 7 7 7 7
Yes
Yes
Yes
Yes
BA
BA
Yes
BA
BA
No
No
Yes
Yes
Yes
Yes
Yes
Yes
No
BA
Yes
Yes
B-l
B-2
s-3.
B-4
B-5
s-6
B-7
B-8
8-9
Single-fami ly dwel ling
Two-fami Iy dwel I ing
Hulti-fami ly dwel I i ngin OSV
Open space vi I I age(osv)
Boardi ng or Lodgi ng
house
Guesthouse
Hotei , motel
llob i 'l e home
l'lob i le home park
BA
BA
BA
BA
Ye
3A
BA
BA
BA
Yes
No
No
No
No
No
No
No
s
No
No
No
No
No
No
No
No
l,lo
No
No
No
No
BA
BA
No
No
N9
. OISTRICTS
i
Yarrnouth, T.
c-l
c-2
Insti tut i ona I
D-l
w-2
t)-3
rL4
rL5
rL5
D-7
rL8
IL9
D-10
Educational use
Re l i gi ous use
Cemetery
Hosp i tal
Nurs i ng or convalescent
horne
Insti tution, phi I an-
thropi c use
Private club
l.iun ici pal use
Hunicipal recreational
use
Place of assembl y
Cormerc i a I
E-1
E-2
E-3
L-t+
E-5
E-6
E-7
Res. R-C.8us.H. C.
Zoning - ll
Ind. W.C"
Recreat i ona I
c-3
Yacht cl ubs No
Theater, bowl ing alley, No
dance hall, indoor
tenni s, simi lar coflmer-cial indoor rec reat i on
0ri ve-i n theater, No
afi.rsement park, ca rt
t rack, mi ni arure golf
Campground No
Boysr or gi lsr camps BA
Stabl e No
Permanent outdoor No
rec r eat i on
Tenporary outdoor No
recreat i on
c-4
c-5
c-6
c-7
c-8
Yes
Yes
BA
BA
No
Yes
BA
No
Yes
BS
BA
Yes
Yes
Yes
BA
Yes
Yes
Yes
Yes
BA
BA
BA
BA
BA
No
No
No
No
No
6
6
No
No
No
Yes
No
No
No
No
No
No
No
No
No
BA
BA
BA
No
BA
BA
BA
BS
BA
BA
BA
BA
BA
BA
BA
No
BA
No
No
No
No
No
No
No
No
No
Y"rl I
Yes'
No
No
No
Yes
Yes
No
No
No
Yes
Yes
BA
BA
BA
NoNo
No
BA
No
No
BA
8A
BA
BA
No
BA
BA
BA
Yes
No
No
No
No
No
ilo
No
No
BA
Yes
BA
BA
Yes
BA
BA
BA
Yes
Yes
Yes
2Offi ces, business and No
profess i ona l
Bank No
Retai I sa'les not No
el sewhere speci fi ed
Retai I services not No
elsewhere spec i fi ed
Funeral home No
Restaurant No
Veteri nary or animai No
boarding establ i shment
Handlino of fish on Yes
s ame premi ses wherebrought in from sea,
including sal e
es,4
BA
BA
BAYls
Yes
2 B
8
No
No
No
No
No
No
No
No
4
Yes
Yes
Yes
Yes
Yes
Yes
BA
E-O Yes Yes 2
Conme r c i al (cont'd. )
E-9 Auction gal lery No
E-10 Service, repai r, sales, Norentai of autos, rnotor-
cyc les, rnrcpeds, rnotori zed
recreational vehi c I es
E-'l I Service, repai r., sales, Norental of t rucks ,
mobi le homes, other
heavy motori zed equ i p-
rnen t
E-12 Used car sales No
E-l I Eusiness residence No
Industrial
Yarmouth, T.
F-1
F.\
F-5
F-6
I'lanuf acturi ng
Assembly orpackagi ng
p lant
Research or testi ng
I abor atory
Publ i c utility
tJarehousi ng, who I e-
sal i ng
Open or outsi de
storage
Contractorr s yard
Junkyard
F- r'
F-8
F-9
G-t'
G-2
G-3
Res. R-C.
No
No
No
No
No
No
No
No
No
Ncr
llo
No
No
No
No
Nc
No
No
BA
BA
No
No
No
No
BA
BA
BA
No
No
No
Nc
No
Yes
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
BA
BA
BA
No
BS
BA
Yes
No No
Yes8Yes
BYes
Yes
Yes
BA
Yes
Yes
No
Yes
Yes
3 9
9F-l
F-2
No
No
9No
Yes
No
Yes
4
4
BA
Yes
Yes
Yes
No
8A
Yes
BA
No
BA
BA
No
Yes
Yes
9
9
9
9
F-iO Gravel or sand pit
F-l I Boat bui Iding and
storage
F-12 Telephone exchange
0ther
Avi ation f ield
Publ ic transportation
termi na I
Other principal uses
wi th external I y obser-
vable aft r i butes
simi lar to a
permi tted use0ther pri ncipal uses
Truck, trai n or
frei ght termi nal
l{o
No
No
No
No
BA
8A
No
No
No
No
No
No
No
No
No
No
No
l{o
BA
No
No
No
l{o
G-4
G-5
Zoning - l2
Bus. H. C. Ind. W.C.
Yarnouth, T.
'v Accessory Uses (See E ttS-,*loo)
rLl
,t2
rL3
rL4
rL5
BA 8A
Yes
BA
BS
EYes/
Yes
Yes
BA
Yes
Yes
Yes
Professionsl offi ce in
dwe I I i ng
Tenporary const ruct i on
t rai I er
Scienti fi c uses (see
Section 4120)
Parki ng for nrore than
two cars
Other accessory usesif customari ly i nci-
dental to any of the
above permitted uses
and not detrimental to
the nei ghborhood.
Yes
BA
BS
Yes4
No No
Y
Y
l{o
l{o
BA
No
Yes
es
es
BA
Yes
Yes
Yes
No
Yes
BA
Yes
Yes
Yes NotL5 Parking or storing of
vehicles or trucks wi th
12 wheels or rpre or
vehicles capabl e of'hauling a unit of 12
*rheel s or over exceptfor the purpose of corr-
struct i ng a home or
structure or making a
del iverv or pick up.
Zoning - lJ
Res. R-C" 8us. H.C. Ind. l,l.C.
Zoning - 14
Except trYestr if not for piofit and in existence in the town Prior to January|, 1964.
Only when the bulk of display and sales are conducted within a bui lding.2
a
4
5
I
9
Except rrYesrr if the major portion of the products are
the manufacturer and i*f there are not nro re than four
involved in manufacture.
Shal I not i ncl ud
unless authori ze
to
(4)
be sold at retai I
ernp I oyees di rect I y
by
Not involving manufacture on the prernises except of products, the major
portion of which are to be sold at retai I by the manufacturer to the consunert
and provided further that not rnore than four (4) ernployees are directly
involved in manufacture" '
eg
db
arage space for or storage of npre than two (2) automobi lest
y the SI eectmen.
5
7
Except rrYesrr for uses exempt from prohibition by G.L. c.40, B l, as amended.
IO
ll
Except that retai ling shal"l require a Special Permit"
Provjded that a'l I but minor work and storage shall be conducted within a
bui ld.ing sufficiently soun&-insulated to confine disturbing noise to the
premi ses.
Provided that such use is not hazardous by reason of potential fire,
explosion, or radiation nor injurious or detrimental to the neighborhood by
reason of dust, odor, fumew, wastes, noise, vibration, or other noxious or
objectionable features"
Except rrNorr for trapping and hunting.
For Non-profit use only, including Free Public Library.
I
Yarnnuth, T.
Yarnnuth, T.
& lt*z,roo. Intensity of use regulations.
2410. Building. All building in any district shall meet the minimum
requi rernents set forth in the fol lowing Intensity of Use Schelule unless
otherwise expressly provided by this bylaw or by G.L. c.AOA, E 6, as anrended.
2420. l{i nimum front.age reduction.
2421 . Residential Districts. The minimum required frontage may be reducedto fifty (50) feet In a residential district if the lot has a width at the
proposed buiiding setback iine that is at least equal to the minimum required
frontage and if the lot shalI be capable of containing a square of one
hundred sixty (150) feet in an R-A District, one hundred forty (140) feet in
an R-B or RD-l District, one hundred twenty (120) feet in an R0-2 District,
one hundred (100) feet in an RD-3 or R0-4 District. The width of'any lot,
between the street line and the proposed building setback 'l ine, shal I be noless than twenty (20) feet.
2422. Business District. The minimum required frontage may be reduced toeighty (80) feet if the lot is at 'least one jundred (100) feet wide twenty(20) feet back from the street line in a Business Distrjct. The width ofa lot between the street line and twenty (20) feet back from the street linein a Business District shal I be no less than forth (40) feet.
2l$A. Front yard. No building need be set back rnore than thirty percent (30%)
of the depth of the 'lot nor more than the average of the setbacks of the
buildings on the lots next thereto on either side, a vacant lot or a lot
o.cupied by a bui'lding set back more than the required front yard setback
being counted as though occupied by a bui lding at the setback line.
2440. Bui lding height. The height of any bui lding erected in any district
shal I exceed neither thirty-five (35) feet nor two and one-half (2%) stories;
provided, however, that motels shall not exceed thirty-five (35) feet or t$ro(2) stories. The height of any building shal l be measured from the highest
point ofay roof or parapet to the average finished grade on the street side
of the structure, provided that at no point shali the height of the exterior
face of a building in relation to finished grade exceed the permitted height
by nore than ten (10) feet. Height Iimitations shall not apply to chimneys,
spires, cupolas, television antennas and other Parts of bui ldings not intended
for human occupancy.
Zoning -l!
Yarmouth, T.
(each frontage)
Requi red Yards (ft. )
Front 5
Side (ft. from .,' lot line)lq
Rear (pri nci pal
blds.)
Zoni ng l5
8Y I I ndus t
E n S-Z5OO. Intensity of Use Regulations Schedule. (see t t75-4200 for open space village requiranents)
R-B R-C RD- I R0-2 R0-B
l,li ni mum Lot Size (sq.ft.)
Single fami ly dwellings 2 acres 4OTOOO
Two fami ly dwel I ings -3 acres 601000
0ther uses | , acres 401000
l*'li ni mum frontage (tt)2r3 zoo l5o
Corner 'lot I 00 I OO
D-l+
r4 75
630 tv
5o 20
30
6
l2
5
25,000
25 r0OO
25IOOO
37,500
25.OOO
175
100
20,000
30, ooo
20,000
150
100
1 5,000
22r500
1 5,000
125
100
30
t5
20
6
'1 5,000
22'500
1 5,000
125
100
5
30
6
9 159
20
\2
I 5 ,000
22,500
'1 0 ,000
100
20
6
20
6
50
1 5,000
22,500
l2r5oo
1254
30
25 ll
30
l2
175
630?n 30
159 159 t5
20 20 20
6 t2 6 l2
6
9
12
7
40, ooo
100
30
l0
308 t0
I r0
8
al0
l0
Rear ( accessory
blds.)
Lot coverage
t26 l26 l066 6 6
l.laxi mum b I dg .
coverage (%)l5 7t 25 )E )t 25 25 )E r3 tn t3 35
(((
Yaraouth, T.Zori$g - 17
\ot "=.. for a motel shall be the oinirmro tequlred loE size for the district
1o rrhich the m6te1 ls to be located, but not Less thau two Ehousand five hundred(21500) square feet of 1oE area for each of the first teq (10) motel. units.
For each motel unl.t io, excess of ten (10) rootel unlts, there shatl be provlded!a aildl.tioaal Esro hundred ftfty (250) square feet of 1ot area.
2See Sectioo 2420, Minlcnrn froatage reituctloo.
51!he front yetA fot a motel shal1 be the minimuo required front yard for theillstrict la whieh Ehe moEel is Eo be locateil, but oot less than Ehirty {30)fect.
68ee Sectloo 2430, Frout yartl.
TEr.cept for lots adjoiolng antt southerly of Route 6 along SEatioE Avenue,
seveoty- flve (75) feet.
UExcept wtere the disEllct abuts O1d Town House Road, seveoty (70) feet;
erccept r.here an Industrial District adjoins a Resideatlal DistrlcE, no
busioess or industrial building shall be withiu fifty (50) feet of theillstrlet boundary.
9Stt at least tneoty-one (21) feet fron auy bullding oo ao adJacent lot.
l0uo1.=., for uonresldeotial uses, there Ls a flreproof party va1l which nay
bc on the 1ot llue.
llExcept for a co::uer lot, thlrty (30) feet.
12But aot rithln trrelve (12) feet of aoy oEher buililing.
l3Except reduce to trenEy-flve perceat (252) is the case of a drelliog.
14the stite and rear yard of a ootel sha1I be the mLnimuo requlreil for thedisttiet 1o shich the motel is to be locateil, but not less thao flfteea(15).feet side or rear yard.
151te -oaxioun lot coverage for a motel shall be the maxlsnra requlred lot coverage
ior the dist.rict ln r:hic.h the motel is to be located, excepE that no Eotel
ot addltloo to a moEel shall be erecEed or placed on a 1ot r:h ich rrill resulE
1o the coverlng by all bulldings of more than thirty=five perceut (357.) of
tbc lot.
or
3Tte lot frontage for a motel shall be the niolmuo requlred frontage for Eheilistrlct io which the Eotel Ls to be locaEed, but riot less Ehan one hundred
trerrty-five (125) feet- For a two-family dwel1ina. lot frontage shall
be at least 125 feet for 90 feet back from the street line.
4For a depth of oEe hundred (100) feet froo the street line.
Yarrrouth, f .Zoulng -18
ARTICLE III
General RegulatLons
5 175-3100. Parking aod loading require.Eeots.
3111. It ls the intent of this sectior that adequate off-street garking
uust be provided lriEhltr a reasonable distance to servlce all parkLng
d enand created by new consErucEion, whether through nel, structures of
Ehrgugh addiEions Eo existlng ones or rhrough change of use creatl.og
higher parking d.-and.
3112. Buildings, sEructures and lantl uses in exiscence on the effectlve
date of these provisions are noE subject to these off-street parking
requireuenEs and may be rebuilt, altered or repaired, but. not enlargetl or
changeii 1n use, without becouing subject Eo these reouirements"
3113. Iu applying for building or occupancy pernits, the applicact must
detronsErate that lhe mini:quo. parking requirenents seE forth belos rril}
be net for the new danand, without counting existing parkLng necessary
for exisLing uses to DeeE these requireEents.
3114. The mini-or:ms of SecElon 3120 may be reduced on speclat pernl.t
fron the Board of Appeals, upoB the Boardrs determination that special
circumstaDces render a ldsser provilion adequa!.e for all parking neeils.
Examples of special circumsEances include:
(a) Use of a cormon parking Iot for dlfferent uses having peak de'n-Eals
occurriag at diJf ereD.t tl-rres.
(b) Age or other characterlstlca of occupants whLch reduce EheLr auto
usage.
(c) ?eculiarltles of use whlch render usual measureileaEs of damau<l
lovalld.
RESIDENTHL
Drelling uuLt having 3 or
rrore bedroous
Dvel1l-ng unlt havLng feser
thao 3 bclrooos
I space
3110. Inteot and applicatioa of parking requireDents.
+20. . Schedule of Off-Street Palking Requlreneuts-t
2 spaces
Iarmouch, T
Guesthouse, loilging house,
other Sroup accomodatioa
l{urslng hoaes or hospitals
NONRESIDENTIAL
Iotlustry, including ware-
houses or other structuresfor storage, dlsEributlon
or nbolesale narketing
RetaLJ. business,/consumer
servLce
Restaurants or establish-
EeDts licensed as a co[Illoa
vLctualer or businesses
purveyl-ng food ready to be
cousrsed oa or off premises
Places of publlc assembly,
lncludlng school ao'd chureh
audltorfi:ms, llbrarles, ou-
ser.os, clubs, theaters , uD-
tlertdking esEablLshmenrs,
bus depots aud recreatloE
faclllties not llsteal else-
rchei-e ln thls table
Zoaing -19
1 space/2 person acconero-
dated
I spaee/guest unlt, plus
1 space/1O guest unLts orfractlon Ehereof
1 space/3 beds
I space/1.3 enployees oa
the largest shift, buE
capable of expanslou to
Dot less than 1 space/300sq. ft. of gross fl-oor area
I space/200 sq, ft. gross
leasable floor area, plusI spacb/separate enterprise
1 space/200 sq. fr. grcss
Srouno floor area, plusI space/400 sq. fr. grossfloor area on aLI otherfloors excluslve of storage
sPace
1 spaceT3 seats or, for es-
tablistrmenEs where some or
e1t. custotrers are not
served food at thel! seacs,
10 spaces for each fooCse lce sEatr.on or person
dlspensiog food, whicheverla greater
1 space/3 occupants as
deteroined by Table 6-l,
Uassachusetts St.ate Build-{ng Code
Eotel or motel guest units
Offlce, professional,
ailminis tratlve, banks
Yaroouth, T Zonlng -20
Bouling al1ey 4 spaces/a1ley
3 spaces/courETennis courts (except that
there sha1l be no requl.re-
aen! sheo a slngle court I.s
located as an accessory to
a single-fanily dvellLog oa
the same 1ot)
Hariqa
LaundroEata
Gas/servlce statiolg
1 space/2 machines
3 spaces/servi.ce bay, butnot less Ehao one space/i0osq. ft. of gross floor area
Parking spaces adequaEe to
accomodaEe under all normal
conditions the vehicles of
occupaDts, employees, oeo-
bers, custoners, clients aod
visitors Eo the premises, as
deternined by th-e Building
Inspector on advise of the
Planning Board
3130. Parklng area design and loiatioo.
3131. Off-street parking spaces, each not less thao ten'by EweEty
(10 x 20) feet per vehlcle, excluding the Portion of the driverJay to
each such space, sha1I be provLded on the sane 1ot. Eoveve!, drlvewa;r
area outslde of a stleet right-of-way nay be counEed for off-srreeB
parklng wheo serving a sirrgle-family dwelling. In the Eighway Coomer-clal aod Industrial DisEricts, parklng spaees Eay be located oE anoEher
loE lrithin a radlus of trlo hundred (200) feec and in the sane zonlogdlstrict.
3132. A11 required parking areas except those serving slngie-fani-Ur
residences sha1l be paved, uuless exenpted on special perai-t froo the
SoArd oF Appeals for cases such as seasonal or periodLc use where a
proposed alternaElve surface w111 prevent dusE, erosion or unslghtly
conditions. Drainage facllltles for each parking area shalL be design-
ed aEd consEructeil to conEalD. sEorEFater runoff oa the premises.
1 space/boat capacr.t,
A11 oEher uses
Yaroouth, T.Zoning -21
3133. Parking areas for five (5) or more cars sha11 be designed uith
enough maneuvering space so thaE vehicles need not back onto a publiceay, the areas deslgnated in Subsection 3136 and other parki.ng spaces.
3134. Center liues of driveways serving twenty (20) or Erore parking
spaces, lf egressiog onto a state-nuobered or s ta Ee-rna Lnta ined highwayor ont.c a street improved under the Chapter 90 prograo, shal1 observe
Dinfuun separations as follows, unless precLuded by 1ot configurarion
LE existence on the date of adoptLon of this bylaw:
(a) FroE oEher such drlveways:
(1) Same side of road: five hundred (500) feet.
or two hundred fifty (250)(2) Opposite side of road: zero (O)
feet.
(b) FroIo intersecring street side line: two hundred fifty (250)
feet.
No exlsting parcel sha11 be subdivided into loEs wirh frontage $hich
would preclude Eeeting these requi-rements unless access rights-of-way
are provided across adjoining lots. Driver"'ays subject to this sectionshaIl have four hundred (400) feet visibility in aach travel direcrio:r
aod shalL each conprise not more than Ewo (2) travel lanes, each ncE
Dore than twelve (12) feet in widEh at the loE 1ine.
3135. Parking areas for five (5) or nore cars shall be separated frorn
any sEreet line by an area twenty (20) feet r.ride and from any oEher
properEy line by an area ten (10) feet vide, free of any pavlng excepE
for entrance and exit driveways and Eai.nEained with vegetation or orher
organic Eat.erial.
3135. Parking lots for five (5) or nore cars shal1 be screeoed from
auy abutting residential use or discriet vhich is abutted or separated
froo lt by only a slree!. Screening sha11 be by a four-foot-uide
plautlng strlp Eaintained rrith densely planted shrubs noE less than
five (5) feec 1n height, or by gradlng.' Fences or salls Eay be a part
of such screeoing where deegred necessary, but shal1 noE be suitable as
a substltute thelefor or themselves be lefc unscreened froE abuEEing
areas.
3L37. Parking lcts for twenty (20) or more cars shall contain at Ieast
one (1) tree of tlro-inch caliper or larger per eight (8) cars, to be
- located uj.thin the parking area in soil plots allowing noL less than
forty (40) square feet of unpaved so11 area Per Eree' or Eo be located
uLthin five (5) feet of the parking 1ot-
Yarnouch, T Zoning -22
3138. No parkLng lot sha1l be lllumlnated in such a lray that it causesglare for Eotorists, pedestrians or neighboring preaises.
3140. Loading requireoeots.
3141. Loading zone criteria. . Adequate off-sEreet loadlng facilitles
and space EusE be provided to service all regular needs creaEed by new
construcEion, whether through new structures or addicions to old.ones,
and by change of use of existing structures. Facilities sha1l be so
sized and arranged thaE no vehicles need regularly back onEo a public
way or be parked on a public way while loading, unloading or waiting
to do so.
3L42. ApplicaEion requirenenEs. Prior to issuance of a peruit for con-
strucEion of a new sErucEuie, additlon to or alterafion of an existing
structure, or change of use, the Building Inspector Eay require EhaE
the applicant submit infornatlon concerning the adequacy of existing
or proposed loading facilities on Ehe parcel. Such infornation Bay
i.nclude a plan of the loading area showing iEs si.ze and its relationship
to'bulldings, parking areas and public ways, docu.nentation of the types
of gooCs and/or persons being loaded.and unloaded froo vehicLes, ths
expecled types of vehicLes Eo be serviced at the loading area, and the
expected normal hours of operaEion. The Building InspecEor'shall use
inforDation co deEernine whether or not rhe criteria of Subsecti.on 3141
above are met. In uaking such determination the Building InspecEor
shal1 seek the advice of che Planning Board and the To'*'n Engineering
Depar tlrenE.
$ 175-3200. Fi11lng.
No person shall fill any area in the Torn of Yarnouth uiEh earth, concreEe
or other n:aterial to a depth in excess of five (5) feet wiEhouE a pernit froa
rhe Building InspecEo!. Said Inspect,or Eray require an applicanE for such
peruir to furnlsh such plans or specifications as he nay deem necessary and
any pernit issued hereunder may contain such provislons, condltlons or liniEa-
tions as he raay deem necessary to prevent dusE, elosion, silting or oEherinsrabiliry, and sEorEHaEer diversion onco adJoining properties.
\arEouth, T Zonrcg -23
S 175-3300. S isns.
3310. Residential DisErict.
3311. No sign sha1l be of the neon Eype or gas-illurnina t ed- tub e type.
3312. One (1) sign shall be allowed bearing the ame or occupatioD of
any occupant or occupaots, or pertaining to the laase, saie or use of
a loE or buitding on which ir ls placed. The sigu shall not exceed a
toEal area of six (6) square feet.
3313. A real estate developoent shall be permiEted lhe same sign sizes
as allowed in a Business Disrrlct as long as active building and sellingare taking place. Such signs shall be reooved wiEhin thirry (30) days
afrer such acaiviti.es cease.
3320. Business Dis trict.
3321. Size and nunber.
(a) There sha1l be but one (1) double-faced sign not over tselve (1.2)
square fee! vithin fifteen (15) feer of the highway boundary. If
said siga is locaEed between fifteen (15) and elghteen (I8) feet.from
the road boundary, 1t oay be fifteen (15) square feee in area; and,
1f lccated trore Ehan eighteen (18) feet fron the road boundary, it
may contaln not ove.r tlrent)r-oDe (21) sqtrare .l'eet in area wiEh the
upper and lorer edges tJ be deterrDined by the conEour of the ground
and with the alpproval of the Building Inspeclor.
(c) Signs on bulldiogs oay be of the same slze as perml:ted slngle-
faced slgns, but with Ehe exception of cutout letEers, they Eay not
be painted or posted on the surface of any bttllding lrlthou! an
interEedlary remova-l-,1e surface.
(d) Signs on bul.ldings uray be of a size in proportlon to the slze
of the buildings so thaE they will be ln keeping r+ith said building
froo an archltectural standpoint with no definire size restrlctions
but to be approved by the Br-ril-ding Inspector and subJect Eo revlel'
of the Appeal Board.
(b) Sing1e-faced sigr.s paral1e1 to the highway an<i no! in contactpl-th a buiJding will- be all-owed thirEy-three and one-thl.rd percenr
ill ttlZ) o1,er the previ.ous liriEs. The height anit location of aiL
sigos shal1 be approved by rhe Bullding Inspector.
Y::;c:rh, T.Zoning -24
(f) There shall be no more than one (1) accessory sign, and this
shall ot exceed three (3) square feeE in area.
(g) Casoline stations and garages w111 be allowed the standard
perEranenE oil compaoy sign in addlrion Eo nane sign, plus the custoE-
ary lubrication, washing and service signs displayed in the positions
to which they apply and one (1) A-frare or easel-type sign, and
so-called special signs will be peroitted on sides or heads of gasoline
puops only. Promotional signs and naterial, with rhe excepElon of
banners and whirligigs, supplied by gasoline or tire conpanies to
proBcte a new product or sales, nay be displayed for a period of
drirty (30) days upon notice to the Building InspecEor.
3322. Content and design.
(a) Supporting posEs, pi.11axs or anDs of other than accepEed sLzes
or desigo sha1l require the approval of the Building InspecEor. All
signs oo the prenises shal1 be kept in good condition, prooerly pain';-
ed and presenEing a good appearance io keeping wiih the area where
located.
(b) Ilh:minated sigcs shall noE have any glare distracting to drivers
nor shall rhere be any exposed neou or gas-tube-filleri signs or i11u-
mination in colcrs that lriLl. confllct lrith the abiliEy to readily see
traffic lights or cause any hazardcus condition therefroo.
(c) llajcr attracEions and unusual establishments shall, be given con-
sideration as to sign design and sizes wiEh the joinE consideraEion
of the or"ner and/or archi.tect involved, the SelecEnen and Bu1.lding
Inspector. The p1 ans for all buildings are Eo i.nclude Location and
slzes of all signs and Eo be considered before Ehe permi! ls issued.
(d) No signs advertising off- the-pr enises proCucts, seruices, encer-
ta1&rent or anything detracting fron tha appearance of Ehe neighbor-
hood shal1 be painted or affixed Eo a rock or tree.
(e) Cutoui letters must be kept r.rLthin sizes proportional Eo the
area on which used.
(e) National emblems. There sha11. be no more than E--o (2) so-callednalional eublems. of noE :Dore than a total of one thousand (1r00O)
s.quare incires and noE more than slx hundred (600) sguare lnches for
any one (1) such elableo.
3340.
those
Yarmouth, T
3330. Highway Connercial Dis Lrict.
sane as those allowed in a Business
Zoning -25
(f) No sign or other advertising device shal1 be Dertritted uithinthe torrn 1itrils that, i.n the opinion of the Selectnen and,/or theBuilding Inspector, having regard fot the health and safety of thepublic, the danger of fire or in consideration of the general atuo-
sphere of the area, would be considered detracting or a hazard.
(g) Signs on town ways erected as a public convenience will belimited to so-called com-runiEy displays and shall require a permit Eo
be issued by the Building Inspector. These wifl ba lirnired to a
standard size and lettering and will be rnaintained by a person or
persons designated by the Board of Selectmen.
Signs allowed in this district are theDistricE.
Signs allowed in this district are the saBe as
District.
$ 175-3400. De si.gn slandards.
design of projecrs requiring submission of a sj.he plan, fursuant1430, shall comply with the following:
Industrial District.
allowed in a Business
3410. The
to Sect ion
341I. Internal ci::culaEion and egress
protected and access via minor streets
aininized.
are such that traffic safeE., isservicing single-family hoaes is
3412. Reasonable use is nade of buildi-ng location, grading and vegeia-
tion to reduce visibility of parking ar'eas fronr public r.rays.
3413. Adequate access
ls provided.
to each siructure for fire and ser:vice equipnent
34llr. Utilities and drainage servlng the site provide f r,rnctionaL
service to each structure and paved area in the salre Earlner as required
for lots within a subdivision, aad fire proLection provisions meeting
Fire Departrlent regulaEions are provj-ded.
3415. llaj or topographic changes or rerloval of e>:lsting Erees are avcided,
3416. In or abutting Residential Districts, effective use is made
topography, landscaping and building placenent to Eaintain' to the
feasible, the character of the neighborhood-
OI
degree
Yar:outh, T Zoning -26
ASTICLE IV
Special Regula Eions
$ 175-4f00. Accessory uses.
4110. Camping and recreational equipmenE.
411i. At no titre sha1l parked or stc,red canoing and recreational equip-
oant be occupied or used for livlng, sleeping or housekeeping purposes.
41L2. If caruping or recreational equipmenE is parked or stored outside
of a garage, iE. sha1l be p,arked or sEored to the rear of the fronE buiLd-
ing line of the lot, excepE for loading and unl-oading.
4120. Accessory scienEific usas, Uses, wheEher or irot on Ehe salne Farcel as
aclivities permitted as a Eatter of rlght, accessory to activities pennitted
as a matter of righe, which activities are necessary in connection with scien
tific research or scienrifie developuent or related production, Eay be ieruiE
ced upo:r Lhe issuance of a special permiE by the Bo.trd of Appeals, provided
thaE the Board finds thaL the proposed aecessory use does not substantielly
derogaie .irorn the public good.
175-4200. Open space village developnent..
&2-1 0. Objec-tives. The objective Jf open space village development is to
3iloli i'€:latively int3nsive use of lanC rahiie a! the saDre Eine ioaintaining
e)risling characEer; Eo preserve open space for conservaEion and recreation;
!D j.n:ioauce variety and choice inEo 'riesidenrial development; to ueeE hous-
ing needs; and to faciliEate econonical a;:d efficienl provision of pub}lc
services"
4224, Applicabilirv. The Eoard of Appeals nay grant a special per.c,i.r Eo
alLorJ the coirstruction aad occupancy of an open space village developaentgith us.:s and dimensionaL requirenenis as specified below io lieu of those
ei.seirhere specifled in this bylaw, provided that it is consistent with Ehe
follorvir:g regulations aad conditions.
+21O, Procedures.
423i. ?reapplication review. 1o orouote beLter conulur:icaEion and avoidrti...lrJerst?.nding, applicanEs are encorrraged to subnit preliminary nate-rials for inforreal revies by both the Bcard of .{i:peals and the planning
YarDouth, T Zoning -27
Board prlor to formal applicatlon. Prelininary subdtvlsj-on plans, if
any, should be subnitted to lhe Planning tsoard prior to appllcacion for
a speclal peroi t.
4232. Application, Applicants for a special pernit for an open space
vl11age development shall subaLt to the Board of Appeals five (5) copiesof an application and an overall developaent p1an. Such p)-an sha11
encotrpass land ';hich ls contiguous, excep! for intervening streeEs, ejght(8) acres of whlch shall be absolutely contiguous. A11 land need not
be in one (1) omership. If the plan involves more Ehan one (1) or.Trer-ship, each o\.'ner of iand lncluded in the plan sha1l be a party to the
application and, upon plan approval, subJect to its provisions.
4233. Overall developnent p1an. The overall develop:rent plan sha1l
indicate locaEion and boundarj,es of the siEe, proposed land and building
uses, location of cormon open space, exiEting topography, grading p1an,
locatioD and wldth of streets and ways, parki.ng, areas of proposed andretained vegetaEion, distinctions betveen upland and wetland, drainage,
sewage and height, bu1k, use and proposed locatlon of structures. The
plan shal1 have been prepared by a registered landscape architect, aichl-
tect, civil, engineer or land surveyor.
4234. Other Eaterials. The application maEerials shall indtcate each
landormerrs interest in the land to be developed, the form of c,rganiza-tion proposed to own and maintaia the comtrlon open space, Ehe substance
of covenaDrs and grants of easenents to be imposed rrpon Ehe use of l-:nd
and structures and a development sciredule.
4235. Revier., and de:ision, lorthwlth upon Ehei.r receipE of the appll.-
cation and required p1ans, the Eoard of Appeals sha1l transrnlt tr.,o (2)
copies of all suLnitted materials to the Plannirrg Board and or,e (1) ccpy
each to the Scard of llealth, Conservation Conmisslon and Fire Chlef"
Wilhin thlrcy-flve (35) days of receipt of the application by the llannirig
Board, Board of liealEh, Conservation Comission and Fire Chlef, reports
shal1 be subnitEed to the Board of Appeals, which sha1l nake no declsion
upon the appllcation until recelpt of all such report.s or untlL the
explration of tlri.ruy-f ivL (35) days foLlowing receipt of the application
by the above aSenc les.
4236. Crlteria, Approval of an open space v111age developnenE shall be
Branted upon a deterEination by the Board of Appeals that the plan con-
plies wich the requirements of Sectlon 4240 and that the plan is suPerior
to a conventloEal one in preserving oPen space for conservation or recie-
ation; in utll-izlng rratural features of Ehe land; and ln allowing uore
Yarflputh, T.Zoning -28
efficient provision of streetsr utilities and other public servicesi and at
least equal to a conventional plan in other resPects.
11240. Requirements. An open space village development must conform to the following;
\2\l . Nurnber of dwelIing units.
(a) The basic maximum number of dwel I ing units allowed in an open space village
development shall equal the applicable land area divided by the minimum lot
area requi rernents specified inE 175-25OO for a single-fani ly dwel ling in thatdjstrict. The Board of Appeals may, under the provisions of Subsection 4242,
issue a special permit to authorize an increase in the basic maximum number of
dwel I i ng uni ts.
(b) Applicable Iand area equals the total area encompassed by the overal I
development p'l an minus land,designated on the plan for uses not primarily
servicing residents of the development. Further, land prohibited from der.elop-
ment by local bylaw or regulation, and land subject to the Wetlands Protection
Act (G.L. c.lJl, ss 40, as amended) or the Wetlands Restriction Acts (G.L. c.l3lt
ss 40A, as amended, and G.L. c.130, ss 105, as anended) may be included in
the applicable land area only to the extent that they constitute not rnore than
ten percent (l Cf/") of the resultant total appl icable land area. For exarnp I e,if the total area encompassed by the overal I development plan equals twenty-four(24) acres and the land subject to the Wetlands Protection Act and l.letl ands
Restriction Acts wjthin the overall development plan equals ten (10) acres,multiply the fourteen (14) acres by eleven and e I even-hundredths percent(ll.ll%), which is one and fifty-six hundredths (1.56) acres. To deternine
the applicable land area, add fourteen (i4) acres and one and fifty-six
hundredths (1.55) acres for a total cf fifteen and fifty-six hundredths (15.56t
acres. Ten percent (10%) of the qppl icable land area (fifteen and fifty-six
hundredths (15.56) acres)equals one and fifty-six hundredths (1.55) acres.
(c) Where the development includes more than one (l) ownership and/or ties
in more than one (l) zoning district, the number of units allowed shall be
calculated as above for each zoning district and sunmed to give an overall
al lowable total, which may be located on the plan without respect to all
al lowable subtotals by district or ownership areas.
I
Yarnouth, T.Zoning -2!
Incentive Factor
I .00 +l.l +1.2 +1.3 +
42\2. Incentive bonus. In conjunction with an application for a specialpermit to allow an open space village development, the Board of Appeals
may, if the required open space exceeds the open space required by Sub-
section 4241 , al low by special permit use of the fol lowing incentive
factors to al low an increase in the maximum number of dwelling units.
The allowable total number of dwel ling units shall be deterrnined bym"rltiplying the basic maximum number of dwel ling units (Subsection 4241)
by the following incentive factors, then rounding to the nearest whole
nunbe r:
Appl icable Land Area
Less than 20 acres
20 - 50 acres
50 - 75 acres
75 plus acres
421l+. Dimensional regulations. Lot size, iot width,
yard and height regulations appl icable to individual I
fol I owi ng:
Hfi
)
)
)
(.(.
(.
A/T
t4/rti/r
9x8x
7x
Uhere rrHrr is the number of dwel l ing units proposed to be in multifami ly
structures and rrTrr is the total number of dwe'l Iing units proposed. In
no case shall the allowable total number of dwel ling units exceed twice
the basic maximum number of dwel I ing units. In certain cases, the feasible
nurnber of dwel ling units will be Iess than the number determined under this
subsection because of the requi rernents of Subsections 4244 and 4247.
4243. Ai lowable uses. Uses allowed at any location shall be only thcse
allowed in the district in which the Iocation lies, except that multi-
family dwel lings may be located in any Business, Highway Conmercial or
Residential District (except within the 0ld Kings Highway Regional HistoricDistrict), provided that the provisions of Subsection 4245 below are
conpl ied wi th.
se tback
shaots , coverage,ll be the
Yanoulh, T.
Hiniatrm lot size
l,ltnimun Iot width at proposeil
buLldlng llne
Mln l-aun fronc yard
Hiai-uuo slde and rear yard
Haxlmtrm lot coverage
Haxi.oun heighE: floors
feeE
Zonlng -39
10,000 sq. ft. 1
100 feet
30 feet 2
12 feet 3
252
2 1/2 storles
35
4245- }lultifanily dvellings. Multlfatolly dwellings
only lf the Board of Appeals deterElnes that all of
be coupli6d ulth:
shall be alloved
the following wtll'
(a) There shal1 be roinimal disruptloa of the functLon of establlshed
neighborhoods, evidenced by not oore than thirty (30) single-faoily
dr.relling structures existlng at the time of application being vithisfive hundred (500) feet of any proposed nultifanily or attached
sing)-e-f araily sEruciure.
(b) Ttrere shal]- be adequate access to one of the following streets,
r.rithout requiring use of any streets extensively used for single-faroilyhomes: Route 6, Route 6A, Route 28, Buck Islaltd Road, Camp Street,
Forest Road, Higgins Crowe).l Road, Highbank Road, Main Street, Old
Town House Road, Seaview Avenue, South Sea Avenue, South Shore Drive,
South Street, Station Avenue, Union Street, liest Yarmouth Road,
Whites Path, Winslow Grey Road, Great Western Road, Mayfair Road,
North Dennis Road and liorth Main street. In addition. there sha11 be
adequate access to the site for fire a-nd service equioment. An emerg-ency access road or lane both in front of and behind nulti-fa-uily
dwellings shal1 be provided to a11ow fire apparatus within fifty (5O)
feet of any part of a multifanily drvelling structure. This access
l-ot area desigrlated for nulti-far:ni ly units shall be not less than eight
thousa.nd (8.OOO) sguare feet per dwel ljlg lulit-
zWhere private driveb serve Ln.1leu of streets, as rrl.th condoreiniuo developoeot,
yards shalI be measured frou. a 1i.ue tvenEy (20) feet froo the cenEer ll.ne of
rhe Eravelled uay.
3E*.epc not less Ehan the requirenents for side and rearyards in 5 175-2500for yards in the developoent abutEl.ng the boundary of the overall developruentplan. No oultifaoLly or attached single-fanily sErucEure shal1 be locatednearer to the overal-l developneoE plan boundary than flf(y (50) feet or trrl.cethe building heLghc, nhichever is greater.
1
Yaroouth. T.
sha].l be maintained in
shal1 be unobstructed-
Zonlng -31
a passable condition in all seasons, and
(c) There sha11 be adeqtrate utillty service, evl.denced by avallabi1ltyof public i.rater supply, adequate drainage and adequaEe sewage disposal.Iu the case of ou-site sewage disposal, the foLloving is required.:
(1) Location of on-siEe sewage disposal ualt sh4lL have sllght or
Eoderate soil liEltaEions for on-site disposal of sewage effluenE,
based on the 1973 SoLl Conservatiou Service So11 Survey for the
Torm of Yarmouth.
(2) Septic tank leachlng ftelds or other on-siie sewage effluent
discharge facilities ihaU be located not less than tlJo hundred fifty (25
feet from any pond over five (5) acres, river, sErearn., ocean, s!.raup oruarsh. The Board of Appeals may reCuce this setback requiretre,nE to
uot less than one hundred (100) feet upon demonstration by the appl1-
cant that the site plan is thereby enhanced and also that existingsoil characcerlstics are such that no groundwaEer or surface vater
pollution !1111 result.
(d) There sha11 be avol.dance of ecological disEurbance by ninimlzing
the following: topoBraphic change; removal of exiscing trees and vege-
tation; and visually disrupEive bullding location. Xultifa:oily scructures
shal1 be located noE less than two hundred fifty (250) feet froa any
pond over fj.ve (5) acres, rlver, stream, ocean, swaurp or marsh. The
Board of Appeals aay reduce Ehl.s requirenetrt to not less than one hundred
(100) feet upon detronsrration by the appllcant Ehat the site plan could
thereby be enhanceC and also Ehat the topography, veBet.atlon anri soll
characteristlcs of the site and the proposed drainage patterns are
such that sllEation, erosion, surface lrater contaslnation or other
envlronoenla1 degradatlon vll1 not be substantially increased due to
a reduced setback froE water bodies-
(e) There shall be preservation of neighborhood aoenlly by the followlug:
(1) Ttle slte design sha11 screeu parking areas aod Preserve existing
trater vlerrs froa public vays and provide effectlve use of toPograPhy'
landscaping and bullding placement to EainEain Etie character of the
aelghborhood.
:3rif ourh, 'f-Zonlng -32
(2) There shal1 be glare-free llluninatlon of parklng areas.
(3) No nultifanlly sErucEure sha11 contaLn arore
dwelling unlts.
than tlrenty-four (2 4)
4246. fnproveoents.
(") Access, drainage, utilities aod grading sha1l meeE functLonal
standards equivalent to those established in the adopted Plannlng
Board Subdi.lision Rules and RegulaEions.
(b) Prior to issuance of butldlng perolts siEhitr an open space
village developaent, the Tor.rn EngineerLng DepartoenE slal1 cerElfy
to :he Building InspecEor that a detailed slte plan has been sub-
Eitted ia accordance wlEh SecEion 1430 and meets the requireEents of
s6id section.
(c) Occupancy pernits for any strucEure shall be granted only Lo
accordance vith Ehe requirements of Subsectlod l4l2-
4247. Cpen space. A11 land not designated for roads, lots for dwe1llngs
or other developulnt r.rithln the open space village development shall be
hel<i for comoon open space. Coumoo open space shal1 be preserved for
recreacion or conservatlon and shal1 include not less than thirty Percent(301!) of the applicable land area vlthin the developraenc Plan. Sr:ch opea
lanC shalI eicher be conveyed to the towrl and accepted by it for.park or
open space use or be conveyed to a nonprofit. organization, the princlpal
purpose of r*hich is the conservaqion of open sPace, or be colveyed Eo a
ccrporatlon or ErusE owned or to be owned b,y the osners of lors cr
rasldenEial uniEs trLthin'the plan. If such a corpo:atlon or trust. ls'
utl-l,i,zed, or{:ership thereof shal1 pass wlth conveyances of the lots or
residenclal unlEs. In any case $here such land is not conveyed to the
tor.n, a restriction enforceable by the towo shall be recorded, Frovidingihar such lald sha1l be kept. in an open oE naEural staEe and not beb':ilr rrpon or developed for accessory uses such as parklng or roadray.
3ul1dlng coverage shall not exceed flve percent, (52) lu such conservaEion,
or recreaiiotr areas.
4248. Long-tern conuliance. Subsequent to approval of such open space
village develoomenE, no land therein shal1 be sol,d and nc 1ot.1Lne or
strucEure aitered.froro Ehat shosn oo the overall developneot plaa so asto Lncrease the extenC of nonconforu.lty with the standard dLoensional
reEulations of this byJ-'aw. (See gS 175-24OO and 175-2500.) PrloE tosale of atry lot lIlEhla au open space vl11age developroeot, or lssuance
I
Zoning -33
of a bulliling peroit for construction therein, such loEs shall be shownon a plan recorded in the Registry of Deeds or registered sith the Land
Court, which plan shall make references to the recorded land agreeEentsreferred to in Subsec:.lon 4247. Unless the Board of Appeals has specl-fically approved staged developErent, such plau shal1 shos all lots tobe lncluded ln the development.
S 175-4300. Flood area provisions.
4310. Minimun floor elevations. New construction or substantial inprovernant*(repair, construction or alteratlon costing fifty percent (502) or mDre of the
uarket value of the structure before iEprovement or, if dauriged, before dauage
occurred) of residential structures shall have the lowest floor (incl.uding
basenent) elevated to not less than base flood elevations. Ner., construcEi.clor substantial improveuent of nonresldential structures sha11 eiEher be sinilar-
1y elevated or, together with att;ndanr utility and sanitary facIliEles, be
floodproofed to not less than base flood elevations.
4320. CertLficatloE of floodproofing. Where flooriproofing is utllized lu
accordaDce wlth Section 4310, a registered engineer or archiEect sha1l
certify that the floodproofing oethods are adequate to withstand the flood
depths, pressures, velocities, inpact and uPLlft forces and oEher faclors
associated erith the base flood.
*Note: Substantial iEproveEent v'111 have been decreed to occur shen the first
alteratioa of any structural part of the buildlng coEinences-
Yarnouth, T.
I
Permits for new construction, alteratlon of sEructures o! other developurent(any naa-made change to i,nproved or uninproved real estate, including but not
lioited to buildings or other strucEures, nining, dredging, fil1ing, grading,paving, excavation or drilling operaEions), at or below the base flood eleva-tion as specified rrithin the A and V Zones (in unnunbered A Zones, ln the
absence of Federal Insurance Adniaistration data, the base flood elevations
shall be determined by obtaining, reviewing and reasonably utllizing any exl.st-
Lug base flood elevatlon data fron federal, state or other sources), as designated
on special llood Insurance AdoinLstration Flood Insurance Rale Maps, Nos. 01
through 04, effective llay 2, 1977 (whi.ch are on file lrith the Town C1erk,
Planning Board and Building Inspector), sha11 be approved subject to the following:
Yar-aouth, T.Zoning -34
4330. Building InspecEor revierr. Any new construcEion or substaDtlal
i-EproveEenE to be undertaken within sald di.strict shal1 be j.n accordance
lriEh r.he MassachuseEEs State Building Code, SecEion 748.0. The Building
InspecEor sha)-l:
4332. Obtain and Daintain records of elevation and floodProofing levels
for new construction or substantial ioprovemenE lrithio the flood district.
4340. VelociEy Zones. No land lriEhin areas designaied as V (velocity) Zones
on the Flood Insurance Atininistration Flood Insuraoce Rate llaps sha11 be
developed unless such developoent is demonstrated by the appli.cant to be
locaEed landr;ard of the reaeh of the mean high tide. Al1 new consEruction
and substanEial inproveoent within the V Zones shal1 be elevated on adequately
anchored pilings or coh:nns and securely anchored to such piles or coluons
so thaE the lowest portion of Ehe sEructural Eembers of the lowest floor
(excluding the piLings or columns) is elevated Eo or above the base flood
elevation; and certified by a regisEered professional engineer or architect
thaE. Ehe structure is securely anchored Eo adequately anchored pilings or
coluuns in order to wiEhstand velocity waters and hurrlcane uave wash. The
following sha11 be prohibited within sai.d V Zones:
4341. Any nan-nade alteraEion of sand dunes which night lnerease the
pot.entlal for flood danage.
4342. Use of fill for sEructural support for oew consEruction or sub-
stanEial i-mproveBent of structures.
4343. Mobile hoaes.
4350, Variances and special perroiEs. The Zoning Board of Appeals raay
authorize use variances within the flood areas in accordancd q,ith Subsectioo
1322, as ln' any other zoni.ng disErlcE lrithiu the Town of YarroouEh, and may
granE a special perol-t for aeIJ structures or subsEanEial improvemenEs tobe erecEed on a 1ot one-ha1f (l/2) acre in sj.ze or leqs, contiguous to and
surrbunded by lcts wiEh exlsting structures consEructed belo!, the base flooil
elevat.Lon, provided that the following are rDet:
4351. A showllg of good and sufficl.ent cause;
4352. A deternlnaEion that failure to grant the speclal pere.lt wouldresult J,n exceptional hardship Eo the applicant;
4331. Revier all proposed developnenr wlthin the flood disErlct.to assure
. ftat all necessary pernits have been received from rhose governEenEal
agencles froo which approval is required by federal or sEaEe 1aw, lnclud-
ing Secti.on 404 of the Federal l{ater Pollution ConErol AcE Anendaents of
L972, 33 U.S.C. s 1334.
Yarnouth, T.Tsning -35
4353. A detennlnation that the special pernlc will not result in increased
flood heights, additional threats to public safety, extraordinary publlc
expense or aay conflicE with requireEenEs in accordance wirh G.L. c.40A,
as aoendedl and
4354. The Zoning Board of Appeals has notifleil the applicant for the
special peroit, ln IJriElng, lhaE Ehe actuarlal rates t,111 increase as
the flrst floor elevation decreases and thaE such construction belot,
base flood elevation 1eve1 increases rlsks to life and property.
4360. Procedure. Upon the grauEing of such a special permic or a variance
froa this 5 175-4300, the Zoning Soard of Appeals shal1 require that the
fosn of YarmouEh Daintain a recortl of all such variance and special perroit
actLons, lncluding justificaEion for issuance, and report such varlances
and special per-oiEs issued ln its annual report to the Flood Insurance
AdEinlstrator in accordance rrith Ehe DepartEent of Housing and Urban Develop-
EeuE guidelines.
4370. Eistoric places. The Zoning Board of Appeals may granE a specialperoit for the reconstruction, rehabilitation or restoration of strucEureslisted on the National Register of Historic Places or the State InvenEory
of Eistoric Places, $riEhout regard to Ehe procedures set. forth ln Section 4350
above.
4380. OEher laws. llhere Ehese flood area provisions inpose greaEer or lesser
restrlctions or requireroents Ehan Ehose of other appllcable bylaws or regula-
tions, the Eore restrictlve shall apply.
5 175-4400. Wetlands Conservancy DistrLct.
4410. General. This section does not grant any properEy riShts: Lt does
aot authorlze any person Eo tresPass, lnfrrnge uPon or injure the ProPerryof aDother; lt does not excuse aoy person of the uecesslBy of coruplying
rrlth other sections of this bylaw or oEher aPPlicable 1ass, regulations or
bylaws.
4420. Purpose. Conservancy Distrlcts are intended to Preserve, Protect and
EaintalB the ground\rarer supply on vhich the lnhabltants depend for rJaEer;
to protecE Ehe puriry of coascal and inland waters for the ProPagatlon of
fl.sh and slrellfish and for recrearional purposes; to Plovide for the con-
tinued fuactloning of the wetlanC as. a natural sysLeE; to irotect the Public
health anit safety; to Protect Persons and ProPerty froo the hazards of flood-
Ya;nouth, T
and tidal rraters which raay result frou unsuiEable development ln swaups, ponds,
bogs or marshes along watercourses or ln areas subjecE t.o floods and extreoe
high tides; Eo preserve the aEenities of the iolrc; and Eo conserve natural
conditions, sildltfe and open space for the education and general selfare
of the public.
4430. Permitted uses. Except as provided ln SecEions 4440 and 4450 below,buildings, sEructures and premi.ses in Conservancy Distrlcts may be useil only
for the following purposes, except as otherwise authorized by S 175-?300 or
by statuEe:
4431. Fishing and shellfishing, including the raising and cultLvation of
fish and shellflsh.
4432. Forestry, grazl,ig and faraing, nurseries, truck gardening and
harvesEing of crops, includlng but not lioited to such crops as crao-
berries, marsh hay, seaweed, berries and shrub fruits and trees, anit trork
incidental thereto.
4433. Conservatioc of soil, wate!, plants and wlldllfe.
4434. Outdoor activiEies, including hiki.ng, swinming, boating, naEure
study, fishing, trapping and huntiog.
4435. Drainage uorks which are part of loca1 flood and mosquito control
conducted by an authorized public agency.
i'436. Uses accessory to resl-dendial or other prioary uses, such as
ilower or vegetable gardens, lawns, pasEures or forestry areas.
i440. Uses permitted by specLal peralE.
444L. Upon issuance of a special pernit by the Board of Appeals, and
subject to such special conditlons and safeguards'as the Board of Appeals
deeos necessary to fulfill the purposes of Section 4420, the follorlng
uses and sErucEures are perELtted:
(a) NonresLdential bulldiugs or structures to be used only 1o coa-junction vith fishing; shellfishing; the growing, harvesting aad
storage of crops raised oo the preuisesl and boathouses.
'(b) Dams, changes in $atercourses or other dralnage vorks only aSpart of an overall drainage plau constructed or authorized by apublic agency except as sEated Ln Subsection 4435 above.
Zoning -36
I
Yaraourh, T.Zonlng -37
(c) The superficial clearing of areas of private beach and the fil-ling or replenish.uent thereof 1o conforrolty wlth the provislons of
Chapters 782 and 784, Acrs of L972, and G.L. c.91, as aoended.
(d) Fabricated walks or tra11s, docks aail landiugs for private use.
4442. The Board of Appeals Bay granE a special penait for the above-
stated special uses, provided that:
(a) Four (4) copies of an application, including a detailed p1aa,
are subuirted to the Board. Sai.d plan shall indicate the locaticD of
proposed and existing sEructures, the distinctlon between the rJetland
and upland and elevations of land conEours at tlro-foot intervals,
referenced to Eean sea 1evel datum.
(b) Copies of the applicaEion have been.transmltted by the Board of
Appeals to Ehe ?lanning Board, Board of Health and the Conservation
Coumissioa wiEhin seven (7) days of rheir receipt by the Board of
Appeals, and reported upoo by all three (3) Boards;. or thirty-five(35) days shall have elapsed following recelpt of.such referral.
Approval by the Board of Appeals sha1I be oade contingent upon
approval of on-site water supply and/or on-slte se\Jage di.sposal
systeEs by ihe Board of B.ealth or lhe Yassachusetts DepartEent of
Envlronnental Quality Engineering, if having jurisdiction.
(c) Any said nonresidential building shal1 not exceed. one thousand
(11000) square feet in Eotal ground coverage.
4450. Locatlons exeoptea by speeral perolt. If any land ln the Conse;-
vancy District 1s deEonstrated to the satisfactlon of the Board of Appe:is,after the quesElou has been referred to aEd reporEed ou by the Planning
Board, Board of Eealth and the Conservation Connission, or thlrEy-five
(35) days have elapsed since recelpt of such referrall and after soil
survey ilata, percolatiou tesEs takeo beEseen and lncluding the nonths of
february through May and a plan showing elevacions of land contours at
tL'o-foot inlervals, referred ro Eean sea 1eve1 daEuE, have beeo subnLtted
aad certifled by a registered professional engineer and,/or land surveyor
as being in fac! aot subject to floodiDg\ or not unsultable because of
(d) Aay said nonresidenEial building shal1 confora to Ehe setback
and side line requiremenEs of the uaderlying zoning distrlct, and p:c-
vlded that any such nonresidential building or sErucEure shal1 be
designed, pJ,aced and constructed to offer a roinimum obstruction t.)
the flol, of L-ater.
ZonLng -38
drainage provisions of Ehis secEion; and that the use of such land rlill not
interfere sith rhe purpose for vhich the Conservancy Dist.ric! has been
establlshed and w111 not be detrimental to Ehe public safety and/or welfare,
the Board of Appeals nay, after a public hearing with requi.red noEice, lssue
a special peroit for any use oEherwise perniEted at that locaEion under the
Zoning Bylav, io which case all oEher zoning provisions applicable.to such
land use shall app1y.
4460. Board of Appaals criteria. Wherever in Ehis section the Soard of
Appeals ls authorized to issue a special permit, said Board shal1 assure
to a degree consisEenE with a reasonable use of the locatlon thac said use;
446L. Does noc produce unsuitable developaenE in marshes, bogs, ponds
or along gratercourses or in areas subjecE to flooding.
4462. FaciliEates the adequate protecEion and provision of a rrater suPPly.
4463. Protects and preserves the inland marshas, bogs, ponds and sater-
courses and their adjoining lretlands in order Eo safeguard the puriEy of
inland and coasEal lraters for the propagacion and protecEion of aquatic
life ani for recreational purposes.
441A. Prohibired uses. Except as provided Ln Sections 4430, 4440 and 4450
of rl:is protective by1aw, rhe following uses are prohibieed vi.thiu Ehe
Wetland Conservancy DistrLct.
\_. 417L. No perioa sha11 fi11, place or dump any soi1, loam, peat, sand,
gravel, rock or other EiDeral subsEance, refuse, trash, rubbish ot debris.
4412.
rerDove
i.Io persotr shal-l drain or excavaEe or dreCge laad or uetlands or
therefroo loam, peat, saud, gravel or other minerat substances.
. 4473. No person sha1l perforn any act or use any land or -setlands in a
lanner vhich would desEroy the natural. vegelaEion, substantially alter
exlsting paElerns of lrater flow or othersise alter or peroit Ehe elteEa-
tion of the natural and beneficlal characEer of the land ot wetland.
4474- No person sha1l cause by any Eeans any seerage or any effluent
contaminated by se',rage to enEer or flos into any weElands, shether the
saae is by surface or subsurface action or seepage or oEhenrise. "Ifetlandsrttin lhis s.ection, shall sean areas cooprising poorly dralned or plastlc
so1ls such is clays, Eruck, peat or bog in vhich depth to Lrater table i.ssix (6) lnches or less during the period beEweeu February and May.
Yarmouth, T.
Yarurouth, T.Zoning -39
4475. Any and all sewage disposal sysEeEs, storage areas or tanks for
cheoicals or petroleua products or other potential sources of substantial
to11utlon shall not be located withiu seveDty-five (75) horizontal feerof any Conservancy Dist.riet.
1476. ){o buildings or sEructures sha11 be erected.
4480. Building perrits. llhenever an application is oade for a building perroiE
shich iavolves the use of land in the Conservancy DistricE, the Bullding
Itrspector sta11 require the applicant for such pernit to provide as part of
sucb applica Eion:
4481. A plan, drawn by a registered lanC surveyor, of rhe lot on whlch
such building ls intended Eo be bulIt. Said plan Eo sholr:
(a) Proposed buLldlng and sewage disposal locatlons.
(b) Elevations of the Land contours, at tlro-foot lntervals, referenced,
to EeaE sea level datuo..
4482. Each appllcation to lnclude all of the following, prior to lssue-
ance of a buiLdlng pernlt:
(a) The written approval of the Board of Eealth.
(b) A sritten recouasenda El.on by the Conservation Comissioa.
(c) A copy of the special penait granied by the Board of Appeals;
t 175-4500. Yote16.
4510. Accessory uses. No accessory uses are pernitted iu required yard
areas except a drlveway and permitted signs (subject to the provisions oft 175-3300 ln the front yard). A11 yard areas noE covered by parking areas,
ilrlvevays, accessory sEructures or other lmpervious surfaces shal1 be planEed
slth grass, trees, shrubs or other vegetatloE'
lJhere any Eotel lot line abuts a Resldential DistricE boundary, there
(c) Locatioo of percolatlon tests takeir betlreen and includLng the
Eonths of February through Hay.
(d) Soil survey data certifLed by a regisrered professional engiEeer.
Yarmouth, T.Zoning -40
sha1l be a buffer aE least ten (10) feet wida conEaining a dense grouping
of trees or shrubs, either reEalned or p1anEed, sufficienE to provlde a
natural barrier at least three (3) feet high initial-ly and at least. seveu(7) feet high wichtn five (5) years.
4520. Lighting. No buildings sha1l be Llluminated in such a Lray that
causes glare for moEorists, pedestrians or neighbori.ng preoises.
Yaroouth, T Zoning - 4I
ARTICLE V
Definl tions
S U5-5100. Defini tions.
Io this bylaw, the fo!.Iowing te rrns shall have the following meanings unless
other meaning is required by t}re contexE or is specifically prescribed:
ACCESSORY BUILDINC OR USE -- A building or use customarily incidental to
and ,.ocated on the s ane lol rri th the principal building or use, or oo
contiguous lols held under the same or"-nership, except that if more than
thirEy per:cenl (307.) of the floor area or fifty percent (507.) of the lot
area is occupied by such use, it shall ao longer be considered accessory.
BOYS ' OR GIRLST CAl,lP -- Facilities operated on a seasonal basis for acontinuing supervised recreational, health, educational, reLigious aad/orathletic program, with persons enrolled for periods of not Iess than one(1) veek, and shall include but. no! be limited to such faciliEies as BoyScoutsr car.lps, \tlCA camps, tennis camps or othe! similar faciLiLies, withor lri thou t overnight accomodations.
CAYPING AtlD RECREATIONAL EQUIPMEM --Includes but is not linited to the foilowir
(") BOAT -- Any inboard, outboard or sail opeu watercraft, opeu or'cabin type.
(b) CAIIPING TMILER -- A canvas, folding st.ructure mounEed on vrheels
and designed for travel, recreation and vacation use.
(c) I.{OTOR HOME -- A portable, temporary dwelling to be used for travel,
recreation and vacation, constructed as an integral part of a self-propelleC
vehicle, havirig a body widttr not exceeding eighE (8) feet and a body length
noE exceeding thiriy- two (32) feet.
(d) PICKUP coACH -- A structure designed orinarily Eo be.mount.ed on a
pickup truck chassis and wi th sufficient equipment to render it suitablefor uses as a temporary dwelling for travel, recreational and vacalion
use.
(e) TRAVEL TRAILER -- A vehicuLar, porEabLe st.ructure built on a chasiis
des.igned to be used as a temPorary dwelling for travel, recreaEional and
vaeation uses, pemanently identified "travel lrailer" by Ehe manufacturer
of the trailer and h.avin6 a body width not exceeding eight (8) feet and a
body len3Eh not exceeding thirty-tlro (32) feet.
BOARDING- OR LODGING HOUSE -- A dwelling wiEh a maraging family residenton Ehe premises, offering acconruod at ions , wiLh or withouE oeals, for rentalto more thanthree (3}and fever than tlrelve (I2) persons.
Yaraouth, T Zoning - 42
CAYPCROUND -- Premises irith sites used for travel trailers, camPers, tenting or
for teroporary overnight facilities of any kind where a fee is charged.
CLUB or LODCE -- 'Ihe premises or buildings of a nonprofit organizatioo
exclusively servicing members and their guests for recreaLional, athletic
or civic purposes, but noE including any vending stands, merchandising or
cononercial activiLies except as required generally for the membershi;l and
purposes of such club. This shall not include clubs or organizations r"'hose
tbiif activity is a service custcimarily carried or as a business.
cololERclA! NURSERY oR GREENHOUSE -- Premises principally used conrnercialLy
for the propagaEion of trees, shrubs, vi.nes, flowers or other PlanEs for
LranspLanting, stock for grafeing or for cuE floweis, or for the raising
of prlduce within a glassed or plastic encl.osure, for either wholesale or
're tai I sale.
CONTRACToRT S .YARD -- Premises used by a building cont.racLor or subcontractor
principally for storage of equipmenE and supplies, fabrication of subassemblies
or parking of wheeled equiPment.
DI{ELLING -- A building or parE of a building used exclusively as the living
quarters for one (I) or more fanilies.
DTIELLINC, IfULTIFAIILY -- A dwelling containing three (3) or more dwelling
units, irrespective of tenure or ownershiP.
DI.IELLING, SINGLE-FAI'IILY -- A dwelling other Lhan a slcbile home singly and
apart frori! any other building, used exclusively for residential purposes fot
one (l) fanilyJ
DHXLLING, TIIO-FAI.IILY -- A dwelling other than a mobile home singly and apart
from any other building, used exclusively for residential purposes for
tr.o (2) faoilies.
DIIELLING UNIT -- Living quarEers fcr a single family plus not. more thao,three (3) boarders, lodgers or dome:tic enployees rith cooking, living,saoitary and sleeping facilities independent of any other unit.
EDUCATIONAL USE -- Premises used for systematic instruction or for theimparting of knovledge, and eiEher operated by a public agency or licensedor accredited by the Conrnislioner of Educatioa
FAfiILY -- iAn individual or trlo (2) or more petsoni related by blood oraarriage, or a group of not more thaa five (5) persons not so relaEed,livi.ng together as a single housekeeping uuit.
YarnouLh, T.Zoning 43
GROSS FLOOR AREA -- Shall be measured to the outsside of the building vith
no deductions for accessory unoccupied areas such as halluays, stairs,
closeEs, thickness of walls, columns or other such features.
GUEST UNIT -- A room or suite of
guesthouse suitable for separate
a hotel, motel, motor inn or
HOSPITAI -- A facility for the care and Lreatrnent of patients as Licensed
by the MassachusetEs Deparlment of Public Health under G.L. c.111, $ 51ot 71, as amended.
rooms in
rental.
LOT FRONTAGE - That portion of a lot fronting upon and having rights of
access to a r:ay providing legally sufficient frontage for the division of
Iand under Lhe requirernents of G.I.. c.41, $ 8lL. To be measured contiauously
along a single street line.
HOBILE HOI'IE -- An.v vehicle or object designed for movement on wheels and
having no motiye pirwer of its om, but which is drarvn by or used in connecLicn
lri th a motor vehicle, and which is so designed and consLructed, or reconstructed
or added to by neans of such acccssories, as to permit Ehe use and occupancy
thereof for human habitation, v rether resting on wheels, jacks or other
foundaLion, and shall include the type of construction conrnonly knor"-n as
"mobile homer" haviog a body width exceeding eight. (8) feet and a body lengLh
exceeding thirty- tvo (32) feet.
MOBILE HOfiE PAIX -- Prernises planned and improved for the rental of spacesfo! tl'o (2) or rrore mobile homes.
UOBILE STRUCTUPI -- A movable structure
used for office or other nonresidential
designed for year-round occupancy
activi Ey.
NURSINC HOME -- Any dwelling or building with sleeping rooms where persons
are housed or lodged and furnished r.ri th meals and nursing care for hire,
as Licensed by ihe l,lassachrrset.ts Department of Public Health under G.L.
c.Ill, $$ 71 through 73, as amended.
PAVING -- A uniform, hard, srnooth covering which will bear travel by vehicles
o! by pedestrians is all seasons, or which is used in conjunction with certain
sports or recreational activities. It includes concrete, bituminous concrete,
oil-penetraEed gravei, brick and paving stone, buE shall not include such
materials as gravel, cr-..rshed clanshel-ls or any otJ.er similar material.
GUESTHOUSE -- A structure similar in character to a single-familydwelling, in which overnight lodging is offered for five (5) or more
persons, primarily touris ts.
HOIEL or IIOTEL -- A building or group of buildings consisLing of three (3)
o! Erore guest uniEs, providing lodging, with or without meals, on a tra*sient
basis for compensation
Yarnrcuth, T.Zoni ng -44
PLACE 0F ASSEMBLY - Premises acconmodating a gathering of fifty (50) or more
individuals for purposes not nrore specifically categorized in this bylaw.
REAR B0UNDARY LOT LINE
-
That boundarT line of a lot shown on a plan of
iand or described by deed, recorded with the Barnstable County Registryof Oeeds, vrhich is opposite the street line of Route 28.
RELIGIOUS USE - Premises principally used for pubiic worship, religious
inst'ruction or other expression of an integrated system of theological teachingsor bel i ef.
SIGN - All advertising devices or insignia, whether lettered or not,
designed to profipte a business or the sale of a product or of a service.
SIGN AREA - Shall be determined by the muitiplication of the extreme width
and the extreme height, including borders and without deductjons for open
space or other i rregul ari ties.
STABLE Any premises used for the shel ter and feeding of horses for
remuneration, hi re or sale.
STRUCTURE -- A combination of materials assembled atgive support or shelter, or anything constructed or ere
reguires a fixed locatjon on the grounC, including but
mobi le homes, swinming pools lraving a capacity of fouror more, piers, jetties, signs, fences, radio antennae
The word structurert shall be construed, where the context
though follcwed by the words tror part of parts thereof.rl
TELEPH0NE EXCHANGE - A building containing a centrai systern of switches and
other equipment and personnel that estabiishes connections between individual
telephones. It shall not inc'lude facilities for servicing individual telephones,
tr,rck or equipment storage, business offices or any other facility or office
not directly related to the switching system.
YARD - An open space, unoccupied and unobstructed by any structure (exceeding
seventy-five (75) square feet floor area) except the fol lowing:
(a) Fences, walls, poles, posts, paving and other customary yard
accessori es, ornaments and furniture.
(b) In front yards only, eaves, steps and noncovered porches.
Cornices, window sills, belt courses and other ornamental features rhay project
not rnore than eighteen (18) inches into any required yard, except that stepsin front yards may be permitted.
cte
not
tho
and
ixed iocation tod, the use of which
I imi ted to bui ldings,
usand (4,000) gaI lons
relai ni ng wal I s.
requ i res, as