HomeMy WebLinkAbout1982 Zoning Bylaw87,120
40,000
25,000 3(t
25, 000 l5l5l5
I5
7D
20
30
2o(-J)
30
30
30
20
t0(x)30
? on r n9District
Din,ensionaleoui.rer,ent
]\i:nirunLot Size
in sq. f t.
(B, Cl
Itilntmun
Frontaoein feet
(F, G)
!'llnin.un )ard in Ft-(D,E}
Front-(r )
R-87
S i de Fear
200 30 50
150 JLI 20 20
I50 t5 20
] 50 20 2tI252025I25
100
setbacks for accesscry buildrngs Ies= than
150 ) square f ee+- ano srnqle sto::j', si- i ia]l- cistrict-s, bu*. in nc case buil: c-ose:l:::-,c.e i.u:.:re: t-u. l :i : :
inur f ron+-aoe.
F-40
R-25
RS-25
R-20
F-15
LB
20 000t5,000I0, 000 (M 5o (L)_
GB 12,500(l'{)I25(H)50(L!
-L Do .40,0c0 I00 30(x)35
Notes:(A) See section 4200 for dimensional requirements in a cluster of
multi-family develoPment.(B) MoteIs/hote1s, where allowedr shall have a minimum 1ot area of
25,000 sq. ft. and shal} be constructed at a density of rot more
than one (I) unit per one thousand (1000) sguare feet of 1ot a!-ea
and shal] confornr to the minimum 1ot size .in the tabie a:ove-
(C) Two-fanily dwellings, where allowed, require tHice (2 tires) the
nornal minimum 1ot size of the district.(D) The fol lowing are specifically excluded fronr these regu.=tions:
l. f errces, waI1s, po1es, Posts, paving and other custorary
yarC accessories, ornaments and furniture. ani ramps
landings and similar structures needed for hanoicapr : access-
2. cornices, window si1Is, belt courses and olher ornar=ntalfeatures may project not more than eighteen (18) rnc:.es;
bay/bor"' windows, greenhouse windows and eaves ma-v Dr:':,ec--
not mcre than twenty-four (24) inches, ani chinne-vs -3-1,project nct lore than thj.rty-two (32) inches lntc a:
(a
regurreC yard.
Side and rear 1,ardone -hund r ed- f i: t ],be si>: (6 ) f ee+- : n
(.)
(G)
Gi)
Lhan tue 1,.,e (
Corner:1ots seach stree:.
See sect icn 2Lo! \.;iCth sna
12 ) :eet tc an_v other b,Jihail nave a r,ininur of on
420 for reCuctloflrtc--Elnl'- :: - a : s : ;: t € : '- : e :- i : :ci cne hundrei ( l C0 ) : eet- ,iic building need be set bacl,. more than thirry Der:ce..r- t::'- I :the dep'-h oi the lct ncr mcre than the average c: ::.: se-:::::
cf the buiiCrngs on the iots next thereto on eitl-,e:: s: je -A vacant lot or a lot occupred by a building set bacr. !nc:e :i:the required front vari setback sha11 be countei as --:tau=ir
occupied by a building at +.he setback 1ine.(i) Excert for lots adjoinrng ano southerl-v of Route 6 alor-; StatrcnAve., serenty-f ive (r-5) f ee--.(i() Except where the district abuts Old Town ticuse Roai, ser'=nt]-(70) feet; or except where an lndustrtal Dlstrict adioi:-s a
an
lia>:ir..:r
Euildirro
Cove r ace I
rt)
Yarmouth, T Zonlnq
(i'l)
dwel1ing.
Except thebe f i. f teen
mini-mum lot si zethousand (15,000)for single-family dwellings sha1lsouare feet.
aJ lr:a i
::le
212
l:i
::l
2420. 1,!in inum ironta:e r:eiucr, ion.
l. Sesiien:.rrl DlsiricreCuce.l :3 :::-:v (101
The ni.n:rnum reg'.rireC :rontage :rayin a residen--ial dlstrict if the
square each s i,je of ,uh rch is e,lua Ily required in ihat district. The
streer- Line and E:le -orogosed buildingthan twenty (201 ieec.
I S CaCaa i,e
::le :lt ]. a r nu:.
3e:ia:3'i: th c i :ny l-
:.c-;rnlz I i re
llo aornE llono
: i':-
fnv s
Dlstrict
Ehe 3bove requi.site square s all exceeCqr€3ter than the fo I l-owrno :
YaYinuin D i s tarrc: :rom St.reet
fee !r(- 5 /
s.-40
r.-25-ts-z)
P.-20
r.- l5
7io
500
t00
{00l;r
723
anl'
enEir":'/
lubs€:--irn l{12 3-srness listr-cr-s cy ieier-ing ie in
2/t/si
:-.-.!€
Congre?at€ lLvrnc housrno IS elihar a
fede ra I Iy aidei houslng develooner,t, oretir€i,ent corrLrr,unity on twentv (20) ac
cc,nsrsts of multi-fanily dwellings iesto accor,,.r'ioiate the se:-,ri-inde?endent el-
iarr-iy hous;-nq sha11 lnclu<ie group facaresa:atior. anc socral interaction- F
elceriv sl-,al1 :ean those persons aged
h't c)c€rat.ed, state orlt may be a seLf-containeds or more of lanc, whichne: ani reserved specifrcai lyrly gopula--ron. Such multi-
It:es ior :i.-:ng, food:f.e ru!':cse: cf thrs se:::c:-'
or ciier.
r
re
lo
oe
i1
i9
4210. Ob'-recr-lves.
--------L-
In
Add the ner, Daracraoh be io,^-th€ ex r, st i. no
the case cf congregateproviCe hous:no for thetotal inoepe:,rience but
ho,-rsing'"hey po.ouIar-ron
in r:ee C of
cblec-- -ves are f urther
uho nav not be cagable
1ns'- 1tr r.r c na 1 I ivinq -
Iivj.ng
e1oer1are not
1?1A. Requi re:',:;:ts. Add the followlno subsea..lons:
4:4)- Conoreqa--e li.ving housing shatl be naie uo oi -ne (I) and twc
(2) bedroor,, uni.s. Such units shall be Cesicnei to acccl:l-,oc3:e .ne(I) or two (2) :iderIy Dersons. Aside f ror. the bedr-ocn is) and aat!-. {s)
th€ unit nair ha-.e, but is not required to have, e si-'iaii k.; -.cien anc/
..rr Srrrdl). ), j.vrng :oom. Congregate livinc housrnc shali have no lrore
cian tr.entv Der':enE (20t) two (2) bedroon unrts. The num.:ier of
ccnqregate cv,:i-ing units aI lor,ed shall be those ailcr'-ed :or c-'i.e:'
cluster develcp-::rt as stateC in 424I excest tl-,at- '-he foliowrno bonus
:i1ay be aIlowec:
an increase Ln --;te maxi-mun numebr ofto the percenta"e of one (I) bedroomieve l ooment -
CO no recla Ee
conorecate
Cwe I 1i-ng uni tslivino unrts in
elua i
t- he
1l:I. liunan ar: llitural Envlronnent -:-csecLlon 2 {ct so that i-. shall read:
a::ttr:::ai 3e1:ence a
: :u]--i-i::--;. - :::rr-rcture shal1 ccnrain :cre ::.,:. --'.;::.:; {2C) ir"el -
s =ui5rc1en'- :
r-:.e case or conqreoate iir,-,-r: ::: '-:.e 3crr:o of ADpeals spec:-ircal
-iier:-nc to Drevent a larqer bu::,r::i:)::\,ie ro :-.e character oi surroundrno neic;-.bornoci:. "
,ir-trci€ :l
al Srn -ole lots. Any increase in area, frontaoe or other di.mens jonal
requirements of thrs zoning bylaw shall not ap:',]y to a lot for srncle
iar;l:. 1-v resrdential use which at the time of re:ororng or enaorsenEn:,',:hichever occurs sooner, conformed to then ertsilno requtrem=nts,ha:l less than the new requirement but at leas+- five thousand (5000)
square feet of area and fifty (50) feet of frontaoe and h,as not nelc]n cclr-fno n ownersh il) h,ith any other cont iguous 1ot at the time of , crsince, the effective date of the lncreased reouirenents.
b) T\,'o (2) or three (3) adjornino lots. Any increase in area.frontage or other dimensronal requirernents of this zonrngr bylau;shall not apply to a lot for single-fami1), resideniial use, proviriei
the plan for such lot r"'a s duly recorded or endorsed and such Iot uas
held in corrnon ounershiD r^'j.th contiguous lots and had less than th€
dimensional and density reguirements of the newly effective zoninq but
containeC at ieast seven thousand five hunoreo (7500) square feet ani
seventy-five (75) :eet of frontage, or contained fifteen thousand(15,000) square feet anrj fifty (50) feet of frontaoe if approved under
secEion 2420 af thr.s bylaw. This exer.?tion shall not appLy to ,norethan three (3) such adjoinino lots held in corunon orvnership.
aS a:ah3eC, ari: L'Ir lCr ar€ IraiC,ots s:a1l not be incrvrdual1yresubdrvided so as to meet the
153',. Busrness anc incustriai l
B,islness), 3::sl:,ess (Ll:-.ite; 3us
lncrease in a:-ea cr ir:r-taoe ci
a lo', for busi:ress c:: :nius--ria1or e::io:-sere;r'-, v.:: c: =ve: cccirsresur-.reneats, i,ai I ess .-ha:.
'-:^.ousani f :.'.'e nuni:e:: (Bi0t i
ci irontage an3 *as :rc'- he:j
r.n c criil 3rr ownershrt u].th ccntrcuou:built upon unless cor'jrined and/orrevi sed dimensional and area reguirenents.
c) Subdiv:sror: anc Approval Not Requrreo grians. Subdivi sions and
Approval I\c: Fequlrec plans which meet the requi rerrent set forth
l.'1GL Chapter 40.:. sec. €, are protectei fron cer'-arn zonino changesa perroC of ergi,t (8) years in the case of subdivi sions ani three
]rears 1n the case of Approval Not Reguired plans.
for
(3)
ots. In a Ilighua-v
i ness I anci /or Ini',:
tnrs zonino b-vl au
use uh ic:. at r,he
ranl - rr ai
Con'me rc ra1 ( Genera lstriaL drst:'rc--, anv
s1-.a l- I not appil, tc
r- l r,e of recoroin':to lhen exrstlnc
o.-her con*.::-he irrcr ea seicc:rirre:ani a:ea
:ex re:' j:re-err bu: at least e:gntuare i==: :: area anc f i-ftv (50) fe:t
ccliincn cwnersnIn uLtn anv':ous rct a'! t:le t:.';ie of, oi s-rnce' flfts pffanti,a ;ate of tro::'renents. Contr.g.lgus lo*-: ::-. cor.:icn ow:,ership sha11 be
an5/o: res;5:t'.':aa:,sa =s --: ;e=: --:.€ ::et':3:: :rrlensronal
r:eou i r e:re n', s.
1536. Transit j-ona, ?ro\'rstons. Tie prc'.':s::,r.s c: tie abcre s
S€C-srcns shail not preven'. a srng).e-f ar,il)' a\"e1iing or a ccti,;xeor inoustrial building r.,here so zoneo, from berng built upon a
or a lot conveyed, for a perrod of three (3) years frorr the da
passaoe cf this article, provlded such 1ot(s) were buildable I
at the time of recordino anti where certain vested ri.ghts may b
iot,te of
ot (s)
accruec in a subdivisron due LO s':bstantiai rnprovements ha\rr,ng been
made on ;;,e oround. For the purpose of this subsection, substantial
rmprovements shall mean the sum of the following3 removal of trees,
Artrcle 53 ( cont 'C, )
;:i',s:.cr, ha.tC:, irOnl Gr,6 \ri! nf cf. has beer
ccr,pietec rr. accoidance wr. !i-: Piannin_o Boari requiremen+-s shall be
exempt fror the restrr,ctions set forth above for a period of eight(8) years ftom the date of passaqe of this article.
The provisrons of the above subsections shall not prevent a two-ianiiy owei. ling fron, berng built upon a 1ot for a perioil of three(-l) years fron the iate of passace of this article, provided such
lct(s) conformec with the zoning recurrements for duplexes as ineffect on January' 1,, 1983.
and to anend secti.on<iefrnition:l15-t1C0 Definitions by addinq the ftlllowrnq
Conti_quousleast one
lots: Lots havlno
hal f (1/2) the total common boundary equallength of the longer
in length to at
boundary adjoining -
8
9
IO
15
16
18
22
23
25
26
26
33
35
39
Yarmouth, T
175-1t00.
175-1200.
175-1300.
175-1400.
I75-1500.
175-1500.
175-r700.
!
$
$
s
E
s
6
175-4100.
L75-4200.
175-4300.
L75-4400.
175-4500.
Chapber 175
ZONING
ARTTCLE I
Administration and Procedu re
Purpose.
AdminisEtation.
Board of Appeals.
Permit reviews.
Appl icabilitY.
Validity.
AroendmenE.
ARTICLE II
District Regu l at ions
Est.ablishment of districts
Use regulations.
Use Regulations Schedule.
InEensity of use regu lat ions.
InEeDsity of Use Regulations Schedule.
ARTICLE III
General Regulat ions
Parkiag and loading requiremenEs.
F111tng.
S igns .
Design standards.
ARTICLE IV
Speclal RegulaElons
Accessory uses.
Open space village development.
Flood area provi s ions.
tle t l ands Conservancy District.
Motels.
ARTICLE V
Definitions
PageII
1
3
5
7
7
s1srs1s1$r
$r$Lgr!r
75-2100.
75-2200.
75-2300.
75-2400.
75-2500.
75-3100.
75-3200.
75-3300.
75-3400.
$
$
s
5
$
S r75-5100. Def initions.4l
LEGISLATIVE HI STORY
This Zoning By-law has been revised and reorganized accordingthe provisions of Chapter 808 of the Acts of L975, The Zoningunder article 1of the Special Town Meeting on April II, 1978.
Revisi-ons:
to
ACt,
I
2
In the Special Town Meeting of December 5, 1978, and continued:
Under Articles 25, 28 and 36.
In the Annual Town Meeting of April 8, 1980, and continued:
Under Articles 54 and 55.
In the Special Town Meeting of January 7, 1981:
Under Arti.cles 2 and 3.
In the Annual Town Meeting of April 13, 1982, and continued:
Under Articles 45, 46,47,48,49,50, 5I and 52.
3
4
Chap ter 175
ZONING
ARTICLE I
Administration and Procedu re
S 175- 1100. Purpose.
The purpose of this bylaw is !o promote the health, safety, co:rvenieoce and
welfare of the inhabitants by dividing the tonn into districts and regulating
the use and construction of buildings and premises tbereln.
S f75-f200. Admini s Era Eion.
1210. Enforcemen!. This bylaw shall be enforced by the Building Inspector.
1220. Professional inspection. Construction on projects under a single
building permit. involving either one (1) or more structures (other than
ooe- or two- fami ly dwellings), each containing thirty-five thousand (35r000)
cubic feet of volurne or more, or lnvolving fifcy (50) or more dwelling units,
irrespective of type, shall be done with the inspecEion of a registered
professional engineer or architect., retained by the developer. Such engineer
or archltect shall periodically, as reguested by the Buil.ding InspecLor,attest that all work being done under his supervislon ls beiug done in
accordance with the plans as certified under Subsection 141I.
1230. Penaltles. Any person violating any of the provisions of this bylaw
shall be fined not more than fifty dollars ($50. ) for each offense. Each
day that such violation continues shall constiEute a separate offense.
1240. tiordescrimination. rhe a&dnistrati-on arrl enforcenent of this By-1awsha1l be done withort regard to race, coIor, sex, age, pfrysical handicair,religion or naLionaL origin.
$f75-1300. Board of eppeals.
1310. Establishment. Ttre Board of Appeals shall conslst of five (5)
members and such number of associate members as the Selectglen sharldetermine, wtro shall be appointed by the Selectmen and shall act in allmatters under thls bylaw ln the manner prescribed by c.L. c.4oA, 4oB and 41,as a.nended.
f320. Powers. The Board of Appeals shal1 have and exercisegrantEd t9 it by G.L. c.40A, 4OB and 4I, as amended, and byThe Boardrs polrers are as foll.ows:
all
this
the powers
byl aw.
YarnouLh, T Zonitg - 2
ermits upon
, in accordance
1321. To hear and decide applications for specia
which the Board is empowered to act undel this by
wi th Section 1420.
lp
law
L322. To hear and decide appeals or Petitions for variances froo
the teros of rhis bylaw, including variances for use, rrith respect
to partlcular land or structures. Such varlance shall be granted
only in cases Hhere Lhe Board of APPeaIs finds all of the following:
(.) A literal enforceoent of the provisions of this bylaw vould
lnvolve a substantial hardship, financial or othersise, to tiepetitioner or appel lant.
(b) The hardship ls owing to circumstances relating to the soll
conditions, shape or topography of such land or structures and
especially affecting such land or st.ructures, but not affectinggenerally the zoning distrlct, ln wftlch 1E ls located.
(c) Desirable relief oay be granted wlthout elther:
Substantlal detriment to the pubric good; or
Nullifying or substantially derogating from the
intent or purpose of this bylav.
L323. To hear and decide other appeals. OEher appeals wlll also be
heard and decided by the Board of Appeals r"-hen taken by:
(a) Any person aggrleved by reason of his lnabillty to obtain a
permlt or enforcement actioD fron auy adminlstrat.ive officer under
the provlslons of G.L. c.40A, as amendedr' or
(b) The Cape Cod Plannlng and Economlc Development Cou'anlsslon; or
(c) Any person, lncludlng any offlcer or board of the Tosn of Yarmouthor of any abuttlng town, lf aggrleved by any order or declsloo of the
Butldlng Inspector or other adrnlnistrative offlclal, ln vlolattou of
any provlsion of C.L. c.40A, as amended, or Ehls bylae.
L324. To issue comprehensive permits. Comprehenslve perraltr for
construcEloa may be lssued by the Board of Appeals for constructlonof lorr- or moderate-lncome houslog by I publie agency or ltmlted dlvldendor nonprofit corporation, upon the Board's deteEolnatlon that such
construction pould be conslstent w[ th local needs, whether or not consLsteotwlth local zooi.ng, building, health or subdlvlslon requlrements, as
authorized by G.L. c.408, $$ 20 through 23, as amended.
(l)
(2)
Yarmouth, T Zoni ng - 3
1325. To issue withheld building permits. Btrilding permits withlreld
by the Buildint Inspector acting under G.L. ci$l, $ 8lY, as amended,
ai a means of enforcing the Subdivision Control Law may be issued by
the Board of Agpeals where Lhe Board finds practical difficulty'or
unnecessary hardship and if the circuostances of the case do not require
that the building be related Lo a r.ray shown on the subdivision plau in
question.
1330. Public Hearings. The Board of Appeals shalL hold public
hearings in accordance with the provisions of G.L. c.4OA, 4OB
ald 41, as amended, on all appeals and petitions brought before
it. Submission shatl be in conforrnitv with Sections &-and 14of Chapter 4OA. which shall include pavment of a fillnq fee of
thirty dollars (S3O.O'O).
l34o. Repetitive petitions. Repetitive petitions for special
pernits, appeals and petitions for variances and applications to
the Board of Appeals shall be lirnited as provided in G-L- c- 4OA
ss 16, as aroended.
$ I75-f400. Permit revi ess.
1410. Reguired Permi ts.
t4ll. Compliance certification. Buildings, structures or land roay not be
erected, substantially altered or changed in use without certification by
the Building Inspector that such action is in compliance with then applicable
zoning, or sithou! review by him regarding whether all, necessary pernits
have been received froo those governmental agencies from which approval ls
required by federal, state or local larr. Issuance of a building perrnl t or
certificate of use and occupancy, where required under the Conuronweal Eh of
assachusetts State Bullding Code, may serve ss such certificatioa.
1412. Site improvenents. I.ltre re more than one (1) principal structure is
erected on a lot, no occupaocy permit for full or partlal occupancy of theslte shall be issued until parking, access, drainage and utilities serving
the structure Eo be occupied have been completed to the satisfacEion of the
Town Engineering DeparLment or & bond for their completion. has been posted.
L42O. Special permi ts.
1421. Special perm-it granting authority. Unless specifically designatedotberwise, the Board of Appeals shall act as the special perruit grantingauthority. Applications to the Board of Appears ftr spec-ia1 perrnits strilt-be filed with iha Town crerk. Applications to other special peruit GrantingAuthorrties shal1 be ruade direct]-y to those authoritie5.
Yarmouth, T Zoning - 6
1422. Criteria. Special permiEs shall not be granted unless the
applicant demonstrates that no undue nuisance, hazard or congestion
wiII be created and that there will be no substantial harm to the
established or future character of the neighborhood or town.
L423. Public hearing. Special permits shall only be issued following
public hearings held wiLhin sixty-five (65) days afrer filing wit}r the
special permit granting authority an application, a copy of which shall
f orrhwi th be given Eo the Town Clerk by the applicaot.
L424. Conditions. Special perrnits may be grant.ed with such reasonabLe
condit.ions, regulaEions or lirnitations as the special pernit granEing
au thori ty may deettr necessary to setve Ehe purposes of this bylaw.
1425. Expiration. Speclal perndts shall lapse if a subsLantial use
thereof or consLrucLion has not begun, except for good cause, within
twenty-four (24) nonths of special permit approval (exclusive of tirne
reguired to pursue or await the determination of an appeal referredto in C.L. c.40A, $ 17, as amended, from the grant. thereof).
1430. Site p 1ao review.
1431. Uhen requ I red.
(a) Applications for building permlts for new construction or additionsfor the following activlties, if involving one thousand (1.,000) squarefeet or more of new ground coverage by structures or paving, shall be
subject to site plan review:
(1) Open space village developmenEs.
(2) Mobile home parks.
(3) Motels and gues thouses.
(4) All other nonresidential uses requiring ten (10) or more
parking spaces.
(b) In addition, the Building Inspector oay requlre a siee plan
review if he deems it necessary ln order to determine zoning compliance.
Yarmouth, T Zoniog - 5
L432. Plans. Plans subject to site plan review shall show the
locaEion and dimensions of the lot.; the exact location and sizeof any existing or proposed buildings, streets and nays adJacent Eo
the lot; and existing and proposed Lopography, drives, parking, laod-
scaping, park or recreation areas, use of sEructures and Iand, screen-ing, water, sanitary selre rage and storm drainage; and separate plans shall
also show ground floor plans and architectural elevations of all proposed
buildings and siBns, to be prepared (except in the case of one- andtwo-fanily dwellings) by a registered archiLect or engineer if such
buildings contain tJrirty-five thousand (35r000) cubic feet. of space or
more.
L433. Procedure. Forthwi th upon their receipt, a copy of the above
plans shall be forwarded by the Building Inspector to the Town Engineering
Departnent for iEs review and report. No building pernit shall be issued
without site plan review by the Tom Engineering Departnent unless
twenty-fivc (25) days lapse from the date of referral sri ttrou t receiptof notice of the Tosn Engineering DeparEmentrs actioo.
L434. Criteria for revies. The Towa Engineering DepartmenE shali
review a slte plan to determine whetler or not, the requlrements of Lhe
zoning bylaw are satls fied.
$ l75-1500. Agplicability.
L52O. Conformance. ConsEructiou o! oPerations under a building or speclal
perrni t shall conform to aay subsequent a.oendglent of thls bylaw uuless the
use or construction is cosEoenced wi thin a period of slx (6) mo rths afler the
lssuance of the pernit aod, in cases iflvolving consEruction, unless such
construction is continued through to completiou as coutinuously and expe-dltlously as is reasonable.
1530. Nonconformancy. The Lawful use of any structure or laod existing atthe ti.ne of enactment or subsequent amendment of this bylaw may be continued,
alEhough such structure or use does not conform with provisions of the bylaw,
subject to the folloeing conditions and exceptions:
1531. Abandonment. A nonconforming use which has been abandoned or
discontinued for a period of two (2) years or more shall not be
reesLablished, and any future use shall conform with the bylaw.
f510. Other regulations. This bylaw shall not. interfere with or anoul any
bylaw, rule, regulation ot permiE, provided that, unless speciflcally excepted,
where this bylaw is more stringent, it sha1l control.
Yarlrl3utfl, T.zonfug - 5
l-532. GEnge, extension or alteration. As provided in c.L. c.40A 56, as
alrErxled, a rpnconfondng siltgle-or t:lo-fanily dv€11fu9 nay be altered or extended,
provided ttEt tlE Building Inspector determi-nes that doilg so does not increasetle nonconforrnirEt nature of said structure. Ottrer pre-existirg nonconforming
stn-rctures or uses may be exterded, altered or changed in use on special pernrit
from ttre Board of Appeals if the Board of AF,peaIs finds that suctr extension,alteration or ctrange w"ilI not be substantially nDre detrirEntal to the neighborhood
than the existi-ng nonconfornr-irg use. OrEe dnnged to a conforrnirg use, no
structure or lard sha11 be permitted to revert to a rDnconforllrjrg use. For the
purpose of ttris secLion, tlre drarge of a seasonal use to a lpar-rourd use shall
be degred an extensi-on of use.
1533. Restoration. Necessary repairs and rebuilding after damage byfire, storm or similar disaster are hereby permitted, provided that tiey
are accompLished wLthout undue delay and do not substantially change the
character or size of the buildings, nor the use to which they rrere puEprior to such darnage.
1534. Isolated lots and subdivisions. Under G.L. c.40A, $ 6, as
anended, lots not held tn comnon olnership with any adjoining land
are generally not subject to subsequent amen&renLs in dimensioual
requirements, and land shown on subdivisions or other plans endorsedby ttre Planning Board are exempted from subsequent. zoning amendmentsln certain respects for a linited period of time. (See G.L. c.4OA,
$ 6, as amended. )
1535. Dimensional exemptions. One (f) single-family dwelling may be erected
on any legally created lot shown oo a recorded plan, as long as all zoning
requiremenEs applicable to the lot aE the time it was recorded a! the
Barnstable County Registry of Deeds or Land Registration Office are compliedrrith, including area, frontage and yard requirernents, and as long as allcurrent zonlng requlrements other than intenslty of use regulations are met.In a Higluay Conrnercial DistrictS a loE or parcel of land having an areaor a frontage of lesser amounts thao requlred in this bylaw rnay be con-sidered as cooing wlthin the area and frontage requiremeots of thls bylaw,
provlded that such lot. or parcel of land was shown on a plan or described ina deed duly recorded lrith the Barnstable CouoEy Reglstry of Deeds or LandRegistratlon Office at the time of the adoption of Ehis bylae aud did not aEthe time of such adoption adjoin other land of the same owne r avallable foruse Ln connecEion with such lot or parcel. If there is a contiguous open1ot (or lot.s) under the same ownersliip bounded ln a deed or shown on aplan duly recorded wlth the Barnstable County Registry of Deeds or Land
R.egistration. Office prior to the adoption of this bylar, and noE Eo bc
used for residenEial purposes, the Board of Appeals (after due notice and
+and fndustrial District
Yarmouth, T Zoning -7
public hearing) shall require that such lots be merged, so as toprovj,de the maximum possible area up to eight thousand fivehundred ( 8, 500 ) square f eet per ner,./ 1ot thus created, exceptthat if the total combined area of such contiguous open lotsunder one (I) ownership is not more than eight thousand fivehundred (8.500) square feet, the Board of Appeals may permitcreation of, and issuance of building permits for, a total nurnberof lots less than eight thousand five hundred (8,500) square feetequal to the number of e ight-thousand- f ive-hundrcd-square- foot1ots, plus one (l), that could be laid out within the entiretract under one (1) ownership. As used in this section, theword "contj-guous" shall be interpreted to mean having a common
boundary egual in leghth to at least one-half (t) the totallength of the longer boundary adjoining.
1540. Condominium Conversion. Any lega1ly existing conforming or non-conforming structure or use may be converted to a condominium form of
ownership upon the filing of an application to Site Plan Review (section
1430) and a special permit from the Board of Appeals if the Board ofAppeals finds that there is no change in use, that the declaration of
condominium document(s) explicitly define the existing use (e.9. seasonaluse, time sharing use, number of units, existence or absence of kitchenfacilj-ties, etc.) and that the "declaration of condominium document (s) "is written with proper manaoement authority to insure maintenance andrepair of public health and safety aspects (e.9. water lines, sewagefacili-ties, etc.) of the property being converted.
A speciat permit may be issued for an entire subdivision based upon atypical condominium unit and lot plot plan, even though said units andlots wi-I1 vary within said subdivision. Any fees shall be chargr':C
Llpon a single special permit.
In the case of a motel or hotel use being converted to multi-familyuse (as per section 175-I500 Definitions of this by-Iaw), the Boardof Appeals may grant such special permit only if such multi-family
use conforms to section I75-4200.
JI175-I600. Validity.
The invalidity of
inval j-date any other
any section or provisions of this bylaw shall notsection or provisions hereof.
9tI75-1700. Amendment.
This bylaw ani i-1:s map may be amended in accordance with theprocedures described in MGL c.40A s.5 as amended, by the submissionto the Board of Selectmen of a proposed amendment by the Board of
Selectmen, Board of Appeals, Planning Board, an individual owning Iandto be affected by said amendment, or by citizens petition pursuant to
l'lcl, c.39 s.IO, provided that the applicant, if other than a Town boarCo': cc,rurrittee, shall, prior to a pubtic hearing by the Planning Board,pay the cost of notice of the hearing, including mailed notices, and
reasonable costs of processing the proposed amendment and holding the
publ j-c hearing.
Yarmouth, T.Zoning - 8
ARTICLE II
0istrict Regulations
E llS-zloo. Establ'ishment of districts.
2110. Classes of districts. The Town of Yarmouth is herewith divided into thefoliowing c I asses of districts:
Residential: (Res.) R-A, R-8, R-C, R0-1, R0-2, R0-3 and R0-4
Bus i ness (Bus. )
Highway Conmerci al (H.C. )
Indust ri al ( Ind. )
Wetl ands Conservancy (W.C" )Floodplain Zones: A, V, B and C
2lll. Zoning |lap. Residential, Eusiness, Highway Conmercial and IndustrialDistricts are defined and bounded as shown on the map filed with the Town Clerk
and entitled rrZoning Hap, Town of Yarmouthrr, dated oecembe r 26, 1972 as rnostrecently amended. This map and all explanatory matter thereon is hereby madepart of thi s by-law.
2112, Wetl ands Conservancy District
(a) The Wetlands Conservancy District shall consist of all water bodies, andall lands in the Town of Yarmouth containing the following soils:
( I ) Peat.
(2) Coastal beach.
( 3 ) t{uck.
(4) Sanded muck.
(5) Freshwater marsh.
(6) Tidal mar sh.
(7) Au gres; loamy coarse sand, zero-percent to three-percent slopes.
(8) Saugatucki sand, zero-pdrcent to thre+percent slopes.
Yarmouth, T Zoning - 9
(b) For purposes of general reference, detailed soil survey fleldsheets will. be kept on file with the Tor,m clerk and with the rlanningBoard. The finar determination of the locatron of boundarres for theConservancy Distrlct shall be based upon site soil analysis.
2113. Floodprain zones. The Floodplain Zones are defined and bounded asshown on the rnap filed with the Town crerk and entitred ,FLood HazardBoundary Map H-o1-o4, Flood rnsurance Rate Map r-ot-o4, Town of yarnouth.
dated May 2, L977,tt and as approved by yarmouth Town Meeting, April LZ, tg?7.This map and al1 e:<planatory matter thereon is hereby made part of this-bytaw
2114. Business DistEicts.. In a Business District, the rear boundary line
sha1l be Ehe existing rear boundary lot lines as of March 15, 1945r not t.o
exceed, hqwever, one Ehousand two hundted (11200) feet in depEh.
2115. Highvay Conrnercial DistricEs. In a Highway Conrnercial District.t
the rear boundary line shall be the existing rear boundary lot lines
as of June 24, L971, not to exceed, however, one thousand trlo hundred
( I,200) feet in depth.
2L2O. Rear Boundary 1ot line. The rrrear boundary Iot linerti for purposes ofdistrict definition, is defined as that boundary line of a lot shown on a planof land or described by deed, recorded with the Barnstable County Registry ofDeeds, which is opposite the street line of Route 28.
2130. Lots in Ewo dlst.rlct.s. Where a disLrlct boundary line divides a
lot ln exlstence at the time such line ls adopted, the regulations for Ehe less
restrlcled portion of such lot shall extend noE more than thirty (30)
feeB lnto the more restllcted portion, provlded that the lot has frontage
on a street ln the less restricted disErlct.
Yarmouth, T.Zoning 10
175-2200 Use Regulations
22L0.Application. No building or structure sha11 be erected and nopremises shall be used., except as set forth j-n the Use RegulationsSchedule. If a use is not specifically allorrred, by right orspecial permit, it shall be considered to be not allowed unless anappeal is taken under section 1323 and it is shown beyond areasonable doubt to be of similar nature and at least no morenoxious nor detrimental to the welfare of the neighborhood thana specifically allowed use.
The various classes and subclasses of uses lj,sted here come,generally, from the Standard Industrial Classification Manual of
1972 developed by the Office of Management and Budget. While that
manual may be used from time to time as a guide for clarifi.cation,the final application shall be as the "common man" would j.nterpret
these uses in conjunction with the intent below.
2220.Intent. It is the intent of this section to promote a choice inhousing types, including that. for transients and broaden the
economic base of the town and create employment while at the same
tj,me protecting the public health by preserving air, hrater andground \^rater quality and enhancing the public welfare throughregulations or banning land uses which are noisey, dusty, dirty,smeIly, dangerous or otherwise a nuisance to the public at large.Note: These last - noisey, etc., statements are to be considered
away from the place of activity so that while a bowling alley maybe noisey to a bowler, it will not be so to the public driving past.)
2230.
More than one use. where a proposed use might be classified under
more than one of the following classes, the more specific cLassifi-cation shalI determine permissibility; if equally specific the
more restrictive shal-I prevail.
2240.
Slmibols.
mean the
The symbols used in the Use Regulations Schedule shallfollowing:
Yes
No
BA
permittedprohibitedpermj-tted only underpermit issued by the
a sPecial
Board of Appeals .
(
RESIDENTIATA1 Single-family dwellingA2 two-family dwell ingA3 Multi-family dwelling (in OSV only)A4 Open space village (OSV)
A5 Boarding or lodging houseA6 GuesthouseA7 Hotel or motelAB Mobile homeA9 Mobile home park
AGRICULTURE, FORESTRY & FISHIN.GBl Agricultural production of crops82 Agricultural productj.on of livestock(except on feed lots - then no)83 Agricultural service agencies84 Forestry, fishing, hunting & trapping
I[{INING AND UINERAL EXTRACTIONCI Minj,ng & mineral extraction (including
sand & gravel pits )
CONSTRUCTIONDL General building contractors yard
D2 Heavy construction contractors yard
D3 Special trade contractors yard
MANUFACTURINg *EI Food & kindred products ( except no
manufacturing of fats, oils & shortening)E2 Tobacco products tE3 Textile mill products ( excePt no dying,finishing of yarn & thread mills or
coated fabrics )E4 Apparel and other textile products
E5 Lumber and wood products(*except wood preserving BA
plywood & particle board BA)E6 Furniture ! fixtures
Res.RC Bus.HC Ind.ytc
I Kg,fta
ocrt
Fi
yes
yes
BA
BA
yes
BA
BA
no
no
yes
yes
no
yes
BA
no
yes
no
no
no
no
no
no
no
no
yes
yes
yes
yes
no
no
no
no
no
no
no
no
no
yes
yes
ye
BA
BA
BA
BA
BA
ye
BA
BA
2yes
yes
no
yes
s
B
?
7
7 7
'7 yes
yes
7yesT
yes
7
7
no
no
no
no
no
no
no
no
no
7
BA
yes
BA no
no no
no
no
no
no
no
no
no
no
no
no
4,I3
C
D
no
no
no
no
no
no
no
no
no
no
n!)
no
no
no
no
no
no
no
no
no
3
3
3
3
3
3
No
rO
FF
no ND no no no
(
I75-2300 Use Regulation Schedule
.l (
E
yes
yes
BA
BA
yes
yes
yes
no
BA
7:'es7yes
to 10yes
no
no
no
no
BA
BA
no
no
no
oBA.
9yes
BAg
yes
otyes-
yesl syes
yes?s
yes
9yes
Res.
MANUFACTURING (cont td. )E7 Paper & allied products (*except BA no
for manufacture of products from
purchased paper & al1ied material) .E8 Printing and publ-ishlng no(*except BA for printing )E9 Chemicals and allied products noE10 Petroleum & coal products no811 Leather & leather products no(*except no for tanning a finishing)El2 Stone, clay and glass produets noE13 Primary metal industries no814 Fabricated metal products (*except no nofor coating, engraving & al1ied services)E15 Mach j.nery except electrical no816 Electrical and electronic equipraent noEL7 Transportation eguipment no818 Misc. manufacturing industries no
TRANSPORTATION AT{D PUBLIC UTILITIESFI Railroad transportation terminalF2 Local and commuter passenger transport.terminal (inc1 . bus, cab, rail cother transp. )F3 trucking and warehousingF4 Water transportationF5 Aviati-on fieldF6 Transportation servicesP7 Communications facilitiesFg Public utility
no
no
no
no
no
no
no
no
9
9
9
9
no
no
no
no
RC Bus.tlL rnd.WC
E no
no
3no
yes 9,13 9yes *9yes
no
no
no
yes
no
no
no
no
no 3
no
no
no
PJH7otrt
'-l
no
no
no
no
no
no
*9
no
no
no
9yes
lo*o
BA.
no
no
no
BA
BA
BA
BA
9yes
BA
no
no
*9
3
3
3
3
3
.,
no
no
no
E
no
no
no
no
no
no
no
no
no
no
no
BA
no
no
BA
no
BA
no
no
no
no
no
no
no
9yes
BAno^
yes
BA
BA
no
no
no
no
no
no
no
no
no
yes
yes
yes
no
yes
yes
yes
yes
yes
yes
BA
BA
BA
4
4
4
4
4
4
no
BAno2
yes
BA
BA
no yes
H
ITHOLESALE TRADEGI Wholesale of
( *except durable or non-durable goods no
N,o for petroleum products
No for chemical & aIlied ProductsNo for junk yards)
no
no
no
No
P.
'aRETAII, TRADEH1 Building materials & garden suppliesH2 General merchandize storesH3 Food stores
no
no
no
2
2
2
8
8
8 N
9
9
9
no
no
no
no
no
no
no
no
no
(((
H il /.'RADE (cont ' d. )Sale of autos, boats, motorcycles,
nopeds or other motorized recreationalvehicles (includes sen'ice asaccessory to sa les )Sale of Lrucks, nrobile homes or otherheavy motorized equipment ( includes
servj,ce as accessory to sales )Motor vehj.cle service and repairincluding service stationSelf service fuel stationApparcl and accesscrj csFurniture ar.C honie furnishingsEating & drinking establ ishmentsMiscellaneous retail stores(*except BA for fuel oj-1 dealers;no junk yards in any district)
no
no
no
no
no
no
no
no
no
no
BA,
t--4f.syes,
yes
no
no
no
no
no
(RC Bus.
no
no
no BA
YCSyes
yes
no
no yes
HC Ind.
BA yes ga8 ' 9
no no 8,9
2
RETA
H4
H5
H6
no
no
no
no
no
no
no
no
0,H7o
af
Fl
BA
BA Iyes
yes
yes
yes
yes
yes
BA8
yes
J "dBA-
yes
8 9
8,9
9
9H7
H8
H9
HIOHII
2)
)
2 *8,9
I FINANCE, INSTIRANCF AND RIiAL ESTATEII Banking and credit aqency office
12 Security & commodity brokers & servicesI3 Insurance carriers, agents & brokersoff ice14 Real estate managers, agents & serviceofficeI5 HoJ.ding and other investment office
no
no
no
no
no
no
ves^-zves^
yes
BA
BA
BA
no
no
no
yes
yes
yes
yes
yes
yes
yes
BA no
no
2
2 BA
't PERSONAL SERVICESJl Laundry, dry cleaning &J2 Photographic studios
J3 Beauty and barber shops
J4 Funeral- homeJ5 Shoe repair shoP
J6 Miscellaneous persona I
no
no
no
no
no
no
no
no
no
no
no
no
2ves^
yes 2yes
yes2
\/es^
yes
no
no
no^
BA.
yes
BA
no
no
no
no
no
no
garment services
serv.1ces
Yesa. r:rYu"a. t:Y"tt iYCS,
YES,yes
4. 13
133,,,,
I::iyes
9
9
K BUSINESS SERVICESKI Advertising agenciesK2 Consumer credit report ing agencies
K3 MaiIiIrg, rel)rroductiotr, commercial .rrt
and stenographic se.vicesK4 Burlding cleaning & lnarntenance services
K5 Extermination services
K6 News sytrdic.rtes
K7 PersomeI supply servicesK8 Computer & data processing
yes
yes
yes
oBA"
no
yes
yes
yes
no
no
no
4Y€S,
YCS,yes
yes
yes
yes
8
8I
no
no
no
2
2
2
2
2
2
2)
no
no
no
N
l.ata
ts(.)
9no
no
no
no
no
no
no
no
no
no
I
8
8rg
no
no
no
no
no
Res.RC Bus .HC Ind .WC
K 4 2
2
8YusB.9yes
,9ao
q,
B7o
rtit
Fl
no
no
no
no
yes
yes 4
4yes
4yes,
yes
yes
yes
no
MOTOR VEHICLELl Auto, bus,L2 CommercialL3 MechanicaLL4 Auto bodyL5 Other autoL6 Junk yard
SERV I CE Struck & tra ilerparking lotsrepair shopc paint shop
se rvice sor s i,mi lar
renta 1 no
no
no
no
no
no
no
no
no
no
no
no
BA
yes
BA
BA
BA
no
yes
yes
BA
BA
BA
no
no
no
no
no
no
no
o
9
9
9
9
o yes
yes
yes
yes
yes
no
2yes
2yes 2yes
2yes
9
8r9},1I SCELLANEOUS REPAI R SERVICESI\41 Electrical repair ( i.ncluding
ref r igerat j.on & air conditioning)M2 Watch, clock & jewelry repairM3 Reupholstery & furniture repair(*except no for paint stripping)M4 Misc. repair shops & related services
AMUSEMENT & RECREATION SERVICESNl Movie & drive-in theatersN2 Dance hal1s, studios & schoolsN3 Theatrical productions, incl . bands,orchestras & entertainersN4 Bowling alleys o billiard establishmentsN5 Professional sports establ ishmentsN6 Public Aolf courseN7 Coin-op amusement arcadeNB Private sports & recreation clubN9 Municipal recreation useN10 'Ienporary (not to exceed 9 days)outdoor recreationN11 Other mi.scellaneons amusement andrecreation services
no
no
BA,o1
no
BA
no
no
no
no
no
no
no
no
BA
BA
yes
BA
BA
yes
no
BA
BA
BA
BA
BA
BA
no
no
no
no
no
no
no
no
toi z
no
no
yes
8Yes *yes
8A6 ,
no
no
no
9yes
BA
BA
BA
BA
BA
BA
BA
BA
BA
BA
N
no
no
no
no
no
no
BA
BA
RA
13 L3
No5
)a
ts
BA
BA
BA
BA
BA
BA
o
no BA BA
no
no
no
12
).2
\2
1')
L2
L2
l2
L2
t2
)ves^
Y€s.'
l'es2yes2
yes
no
no
no
no
no
yes
yes
yes
yes
yesno
L
M
BUSINESS SERVICES (contrd.)K9 Detective agencies & guard servicesKI0 Motion pj.cture production, distribution
& services
PROFESSIONAL SERVICESOI Doctors & dentists offices02 Legal office03 Engineering & architectural office04 Accounting, auditing & bookkeePing office
0 5 Ivlanagement, consulting e publ ic
relations of f i-ce
((
BA
BA
RA
no
no
no
no
no
no
no
no
no
yes
no
no
no
no
no
no
no
(
Res.RC Bus.HC Ind.WC
p,n
6trt
o PROFESSIONAL SERVICES (cont'd. )06 Research & development office07 Veterinary office (including kennel_)08 Other professional office
INSTITUTIONAL SERVICES
P1 Educational i.nstituti-onsP2 Religious institutionsP3 Cemetary
P 4 Hospi ta J.P5 llursrng u pe:sonal care facilityP6 Non-profit social service facilityP7 Day care facil ityP8 Non-prof j.t private club, civic or
f raternal organizationP9 Museum, art gallery, botanical or
zr-rolog ical garder-rPl0 Mun ic i1..ra I use
ACCESSORY USES
Q] Temproary construction tra j- Ie r
Q2 Parking for rnore than two ca1.s
Q3 OLher accessory uses if custornarilyincidental to any of the abovepermitted uses and not detrimentalto the nelghborhood.
Q4 Parking or storing of vehicles ortrucks with 12 wheels or more or
vehj-cles capable of hauling a unitof .! 2 wheels or over except forthe purpose of constructing a homeor structure or making a deliveryor pick pp.Q5 Neighborhood. convenj"ence store in pRD
no
tl0
no
no
no
no
no
yes
yes
BA
BA
yes
no
no
no
9s
2
ye
BA
BA72L2
1tyes
yes
BA
BA
no
BA
no
BA
BA
tsA
yes
BA
yes
no
BA
yes
yes
no
no
no
no
no
no
yes
yes
BA
BA
BA
BA
yes
BA
yes
yes
yes
BA
yes
yes
BA
BA
BA
BA
yes
BA
yes
yes
Yes
no
no
no
no
no
no
no
no
no
no
BA yes
BA BA
6
6
Fl
9
no
no
no
no
yes
no
no
yes yes
o
5
yes
EA
yes
yes
yes
yes
no
no BA
yes yes
NOTESI
2
?
Except "yes" if not for profit and in existence in the town prior to January 1, 1964.
OnIy when the bulk of display and sales .ire conducted withirr a l,r,i1diri9.
Except "yes" if the major portion of the products are to be sold at retail by the manufacturer
and if there are not more than four (4) employees directly involved in the manufacture.
Not involving manufacture on the premises except of products, the major portion of which areto be sold at retaj-l by the manufacturer to the consumer, and provided further that notnot more than four (4) employees are di-rectly involved in manufacture.
No,P.
a
P
>
4
(((
yes
yes
no
no
no
no
yes
yes
no
yes
NOTES (contrd. )
5 Sha1l not include garage space for or stroaqe of more than twoauthorj-zed by the Board of Appeals.Except "yes" for uses exempt from prohibition by GExcept that retaifing sha1l requj-re a Special- PermProvided that aII but minor work and storage sha11sound-insulated to confine disturbing noise to
(2) automobiles unless
as amended.
PJnIo
d
F]
6
7
8
9
.L.ir.
be
the
c,40 53,
conductedpremises.
IOIIt2
within a building sufficiently'
Provided that such use is not hazardous by reason of potential fire, explosion or radiationnor injurious or detrimental to the neighborhood by reason of dust, odor, fumes, wastes,noise, vibration, or other noxious or objectionable features, nor harmful to surface orground water qual ity .Except "no" for trapping and huntingFor non-profit use only, including Free Public Library.Allowed BA as an accessory use in a dwetling provided that it is the principal residence ofthe person utilizing the office space.Except BA in the Busj-ness District on Station Ave. north of old Town House Road and south of
Route 6.Except that multi-fami 1y dwellings are not allowed north of Route 6 (Mid-Cape Highway).
13
L4
No
cd
(((
E
Yarnrcuth, T Zoni ng -l!
175-2400. Intensity of use regulations.
2\lO. Bui lding. All building 'n any distrjct shall meet the minimum
requi rements set forth in the fol lowing Intensi ty of Use Scheglule unless
otherwise expressly provided by this bylaw or by G.L. c.AOA, E 6, as anended.
2420. l'li nimum frontage reduction.
2421 . Residential Districts. The minimurn required frontage may be reducedto fifty (50) feet In a residential district if the lot has a width at the
proposed building setback line that is at least equal to the minimum reqr-ri red
frontage and if the lot shal I be capable of containing a square of one
hundred sixty (160) feet in an R-A District, one hundred forty (140) feet in
an R-B or RD-l 0istrict, one hundred twenty (120) feet in an RD-2 District,
one hundred (100) feet in an RtI-3 or RD-4 District. The width of any lot,
between the street line and the proposed building setback line, shall be noless than twenty (20) feet.
242?. Business 0istrict. The minimum required frontage may be reduced to
eighty (80) feet if the lot is at least one hundred (100) feet wide twenty(20) feet back from the street line in a Business District. The width of
a lot between the street line and twenty (20) feet back from the street |inein a Business District shalI be no less than forth (40) feet.
2430. Front yard. No buiiding need be set back more than thirty percentof 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 building set back more than the required front yard setback
being counted as though occupied by a building at the setback line.
c0%)
2440. Bui lding height. The height of any bui lding erected in any district
sha'l I exceed neither thirty-five (35) feet nor two and one-half (2%) stories;
provided, however, that rnotels :hall not exceed thjrty-five (35) feet or two(2) stories. The height of any building shall be measured from the highest
point ofgry roof or parapet to the average finished grade on the street side
of the structure, provided that at no point shall the
face of a bui lding in relation to finished grade excee
by nnre than ten (10) feet. Height limitations shall
spires, cupolas, television antennas and other parts o
for human occupancy.
hei
dt
not
fb
ght of the exteri or
he permitted hei ght
apply to chi mneys t
ui I di ngs not i ntended
Yarnouth, T.
E vs-zsoo,gIntensity of Use Regulations Schedule. (See
R-A R-B R-C RO-I
17 5-4200 for open space village requi renrents)
RD-2 R(L3 RtL4 Busi ness c8'iflEP8Yal Industri al
|li ni mum Lot Size (so.ft.)
Single family dwel lings 2 acres 401000
Two fami ly dwel lings ,_.3 acres 601000
Other uses I Z acres 401000
Minimum frontage (ft)2'3 ,oo l5o
Corner lot 100 100
(e"ach rrontage)
Requi red Yards (ft.)
Front5 306 306
Side lft. frorp ,.. 50 ?Olot line)lq
Rear (principal ,, 75 30bldg.)"
Rear (accessory . 612 612
bldg.)
Lot coverage
I 5 ,000
22,500
1 5,000
t25
100
I 5 ,000
22,500
t 5,000
l?5
100
30 30 6 30
915t5 15
20 20 20
6 l2 6 l2 6
)E 25 ?E
25,000
25,000
r75
100
25,OOO
37,500
25,000
175
100
20,000
30,000
20,000
l5o
100
1 5 ,000
22r500
10r000
100
20
.15,000
22,500
12,500
1254
40,000
100
3o
io
8 r0
6 6 6
9
6
9
7
l0
l0
8
8
30 30
i5 9 ot5'
20 20
l2
6
30
2\
30 3o20
12 12 l0 IZ 6I 106666
l.laximum bldg.
coverage (%)
25 .>E 2E )\lot 35o13 35t5
lilo
t.
Q
I
P
Or
(((
Yaroouth, T.Zbulng - 17
lLot "r.. for a motel sha1l be the minlrm:o requlred lot size for the distrlctla which the moEel ls to be located, but not less than tso thousanil five hundred(21500) square feet of lot area for each of the firsE ten (10) motel unlts.
For each moEel unlt in excess of ten (t0) moEel unlts, there shal1 be provlded
an addltional tswo hundred fffty (250) square feet of lot area.
2See Section 2420, Minlmun frontage reductlon.
3Ttre lot frontage for a motel shall be the minlrsum requlred frontage for thedistrlct lo whlch the motel ls to be located, but not less than one hundred
twenEy-five (125) feet- For a tvro-family dwellinq. lot frontage shall
be at least 125 feet for 90 feet back from the street line.
4For a depth of one hundred (100) feet fron the street line.
5The front yard for a motel shal1 be the minimuo required froot yard for thedlstrict lo rftich the motel is to be locaEed, but not less thau thirEy (30)
feet.
6See Sectloa 2430, Front yard.
TExcept for lots adjoialng and southerly of Route 6 along. StaEioo Avenue,
seventy-flve ( 75) feet.
EExcepE where the dlsErlct abuts OId Town House Road, sevenly (70) feet; or
except where an Industrial Distrlct adjoins a Residentlal Distrlct, no
busiuess or industrial building shall be wlthiu fifty (50) feet of thedistrlct bouudary.
9But at least tnenty-one (21) feet from auy bullding oo aa adJacent lot.
10Uo1u"", for aonreslilentlal uses, there ls a fLreproof party wall which may
be oa the lot llne.
llExcept for a cor:uer lot, thlrty (30) feet.
12But oot rlthln tselve (12) feet. of any other building.
lfoxcept reduce to Eweoty-flve percent (252) ln the case of a dweIliog.
14the stde and rear yard of e Botel shall be the minimum requlred for the
dlstrict ln shich the raotel Ls to be located, but not less thaa flfteeu
(15) feet side or rear yard.
l5The -oaxiru:m lot coverage for a motel sha11 be the maxlrrum requlred lot coverage
ior the district in whlch Ehe motel is to be located, excepE that uo Dotel
or addltLoo Eo a mofel shal1 be erected or placed on a lot rftich rrll1 result
1o the coverlng by all bulldings of more than thirEy-five perceoE (352) of
the 1ot -
Yaroouth, T.Zoulng -18
ARTICLE III
General Regulatlons
5 175-3100. Parking and loadlng requlreneDts.
3110. Intent and applicatlon of parklng requLreEents.
3111. It ls the intent of this section that adequate off-street parking
Dust be provlded withln a reasonable discance to servlce all parking
deland created by new constructlon, whether through new strucEures or
thrgugh addlElons to existiDg ones o! through chan8e of use creating
hlgher parking denaud.
3112. Buildings, structures and land uses Ln existeEce on the effectlve
date of these provisions are not subject to these off-sEreet parklag
requl.rements and nay be rebuilt, altered or repaired, buc not enlargeil or
changed ln use, wLthout becoming subJect to these requlrenents.
3113. Iu applying for building or occupancy penolts, the appllcanE Dust
deEonstraEe that the rolni-uua parking requLre.nenEs set forth below wL11
be rnet for Ehe new demand, rrithout couuting existing parking necessaryfor exlsting uses to tDeeE these requlrements.
3114. The ninimrns of SecEiou 3l2O lr.ay be reduced oD speclaL pernlt
fron the Board of Appeals, upon the Boardts determinaElon that special
circumstances render a lesser provisioD adequat.e for all parklng needs.
Exanples of special cLrctr.ustances include:
(") Use of a courron parking lot for dl.ffereot uses havlng peak ileoaods
occurrlng at dl-f f ereEt tfues.
(b) Age or other charactelistlcs of occupants whlch reduce their auto
usage.
(c) Pecullarl.tLes of use which render usual rDeasuresen,ta of do--od
luvallil.
3L2O. Schedule of Off-Street Parking Requirenents.
RESIDENTIAL
Drelling uoit having 3 or
more bedroosg
2 spaces
Dvelllog unlt having fewer
than 3 br:ilrooos
I space
Yarnouth, T
GuesEhouse, lodging house 'other group accomodation
Eotel or Eotel guest unlts
Nurslng hones or hospitals
NONRESIDENTIAL
Iodustry, including vare-
houses or othe! struc ruresfor storage, dlsLribution
or wholesale Earketing
Retail business/consuEer
service
Office, professional,
adninistratlve, banks
Restaurants or establish-
Eents licensed as a colx@on
vLctualer or businesses
purveyiug food ready to be
coasumed oa or off Premises
Places of publLc assembly,
Lncluding school and church
auditorluos, l1.brarles, ou-
seuus, clubs, theaters, u!-
dertaklng establishments,
bus depots aod recreaEloofaclLlties not 1lsted else-
where in thls table
Zoning -19
1 space/2. person accoEno-
dated
I space/guesE unLt, plus1 space/IO guest unl.Es orfraction thereof
I space/3 beds
1 space/1.3 employees on
the largest shift, but
capable of expansioa to
not less than 1 space/300
sq. ft. of gross fLoor area
I space/200 sq. ft. gross
leasable floor area, plus
1 space/separaEe eucerprise
1 space/200 sq. ft. gross
grouno floor area, plus
1 space/400 sq. ft. grossfloor area on all oEherfloors exclusive of storage
sPace
1 spaceT3 seats or, for es-
tablishnents where soEe orall cusBotrers are not
served food at thelr seaEs,
10 spaces for each food
service station or Persondlspenslog food, whlchever
16 greater
1 space/3 occupants as
deteroiued by Tab1e 6-1,
UassachusetEs St.aEe Build-
ing Code
Yaroouth, T.Zonlng -20'
Bowling a11ey 4 spaces/alley
3 spaces/courETennis courts (except that
there shall be no require-
ment shea a slngle court ls
locat.ed as aJl accessory to
a single-faoLly dwelIlng on
the sane lot)
Marina
LauDdroaats
Gas/servlce stations 3 spacesr/servlce bay, but
not less thaD one space/100sq. ft. of gross floor area
A].l other uses Parking spaces adequate to
accor@odace under all nornal
conditions the vehlcles of
occupanEs, employees, rneo-
bers, customers, clients andvisltors to the prenises, as
determined by thL Bulldlng
Inspector on advlse of the
Planning Board
3130. Parklng area desLgn and location.
3131. Off-street parkLng spaces, each not less than ten by tweEty
(10 x 20) feet per vehicle, excluding the portion of the drivesay to
each such space, shaIl be provided on the sane lot. Eosever, drivevay
area outsl.de of a sEreet rlght-of-way nay be counted for off-street
parklog when serving a slngle-famlly dwelling. In the Hlghway Cotmer-clal aDd Industrial Districts, parklng spaces rD:ry be located oo anoEherlot sithLn a radLus of tlro hundred (200) feet and ln the sa.oe zonLngdlstrict.
3L32. A11 required parking areas except those servLng slngle-fanfly
residences sha11 be paved, unless exempted on special perait from the
Soard of Appeals for cases such as seasonal or perlodlc use where a
proposed alternatLve surface w1.11 prevenc dust, erosion or unslghtlycondltions. Drainage facllltles for each parklng area shal1 be design-
ed and consEructed to conEaLn sEorErater runoff on the premises.
1 space/boat capacity
1 space/2 ruachines
Yaroouth, I Zoning -21
3L34. Center lines of driveways serving twenty (20) or rDore parkingspaces, if egressing onto a state-nunbered or s ta te-r,ra inta Lned htghwayor onto a sEreet inproved under the Chapter 90 program, shall observe
nlni-mum separattons as follows, unless precluded by lot configuration
Ln existence on the date of adoptlon of this bylaw:
(a) FroE other such drlveways:
(1) Same side of road: five hundred (500)feer.
(2) Opposite side of road: zero (0) or
feet.
two hundred fifty (2 50)
(b) Froo intersecting street side line:
3133. Parking areas for five (5) or more cars shall be designed with
enough manauvering space so that vehicles need not back onto a pubJ.ic!ray, the areas deslgnated 1n Subsecfion 3136 and other parking spaces,
two hundred
feet.
fifty (250)
No existing parcel shall be subdivided inEo lots erith frontage r.rhich
would preclude treeting these requirements unless access rights-of-way
are provided across adjolning lots. Driver.rays subJect to Ehis sectionshall have four hundred (400) feet visibillty j.n each travel directioa
and shall each comprise not more than Ewo (2) travel lanes, each not
Bore than tlrelve (I2) feet in width at. the lot line.
3135. Parking areas for five (5) or more cars shall be separated froro
any streeE line by an area twenty (20) feeE wide and frou any other
property line by an area ten (10) feet wide, free of any pavlng exceptfor enErance and exit driveways and malntained ruith vegetaEion or other
organic material.
3136. Parking lots for five (5) or more cars shall be screened froo
any abutting resldential use or districE vhich ls abutted or separared
froo lE by only a streeE. Screening sha1l be by a four-foot-elde
plantlng strlp Eaintained with densely planted shrubs not less thanfive (5) feet in hetght, or by gradLng. Fences or r"ralIs nay be a Partof such screening where deerned necessary, but shall not be suiEable as
a substlEute therefor or themselves be left unscreened fron abutting
areas.
3137. Parking lots for twenty (20) or more cars shal1 conEaln at least
one (1) tree of two-inch caliper or larger per eight (8) cars, to be
located pithin the parking area in soil plots allowing not less than
forty (40) square feeE of unpaved soLl area Per tree' or Eo be located
wlthin five (5) feet of the parking 1ot.
Zoaing -22
3138. No parklng lot shall be illualnated in such a way that it causesglare for motorLsts, pedestrians or neighboring premises.
3140. Loading requirenents.
3141. Loading zone criteria. Adequate off-street loadlng facilitles
and space DusE be provided to service all regular needs created by new
construction, whether through nerJ structures or additions to o1d ones,
and by change of use of existing structures. Facllities shall be so
sized and arranged that no vehicles need regularly back onto a publle
way or be parked on a pubLic r.ray vhile loading, unloading or uaiting
to do so.
3142. Application requirements. Prlor to lssuance of a permit for con-
strucEion of a new strucEure, addltlon to or alteration of an existlng
structure, or change of use, the Buildlng Inspector IDay require that
the appllcant suboit lnforaatlon concernlng the adequacy of exlsting
or proposed loadlng facilities on the parcel. Such infornation nay
include a plan of the loading area shovLng Lts size and lts relatlonship
to buildlngs, parking areas and public ways, docunentation of the types
of goods and,/or persons beiflg loaded and unloaded froa vehicles, the
expecEed types of vehicles to be serviced aE the loading area, and the
expected noroal hours of operaLion. The Building Inspector'shall use
lnforroation to deternine whether or not the crlteria of Subsection 3141
above are Bet. In naking such determination the Bullding InsDector
sha1l seek the advLce of the Planning Board and the Town Engineering
Depar tEent .
S 175-3200. Fll1lng.
No person shall fill any area in the Tolrn of Yarnouth lrith earth, concreEe
or other Eaterial to a depth in excess of five (5) feet without a pertrit froE
the Butlding Inspector. Sald Inspeccor may require an applLcanE for suchpernit to furnlsh such plans or specifications as he may deem necessary and
any perolt issued hereunder may contain such provisions, condLtlons or linita-
tions as he uay deen necessary to prevenE dusE, erosl.on, silting or otherinstablliEy, and sEorErraEer diversion onEo adjoining properties.
Yaraouth, T.
Ya-rlrl3uti, T
Deflnitlon: Sign sha11
attentlon of peisons notor pronoting.
Zoning - 23.
rnean any device designed to infom or attract
on the premises on uhlch the device ls located
AXTI CLE L - Size
In bus iness ,h i chuay cornrnercial and lndustrial zones, exclusive of buslness
zoned districts shol'n as sections 21 and 23 on the zoning rnap dated Decernber
26, L972; one free standing sign per establishrnent having a maximun area of
18 square feet uith a maximum uidth or height of 8 f-et is alloued. On
doubled faced signs, only one side is to be counted. A11 advertlsing, or
Jettering shal1 be contained vithin the borders of said 18 square foot slgn.
Unlettered sculptures shall be allowed in business, highway cornrnerclal andindustrial zones as long as they are located a minl.mum of 15 feet back frou
the front property line, shall not exceed a rnaximum of 15 feet. Sculpturesslall not be interior lit and sha11 have no lettering other than the
sculpturers signature. Sculptures may be illuminated at night uith spot-Iights, subject to approval of the Butldlng InspectoE. A11 sculptures shall
be raaintained Ln a safe and neat condition to the saEisfactlon of the Office
of the Building Inspector
ARTICLE II - Loca t ioD
Sec. A - No part of any sign shall be closer to the lot line than six feet.
Sec. B - No sign shall be erected that shall in any uay creste a trafflc
hazard, nor shall lt in any uay obscure or confuse trafflc control.
Sec. C - No part of any slgn shall be more than fifteeo (15) feet in height
above ground level.
ARTICLE III - Attached Signs
(he single face aign per establlshoent, attached to only one uall of one
bullding is allor,red; said sign is to be no higher than trro feet and have a
length of not rDore than one-third) 113 of the running footeSe of .the uidth
of the face of the building to which the sign is to be affi.xed, but in no
instance is the square footage of said sign to exceed sixty (60) square feet;
and said sign shall not extend nore than one (1) foot froru the front of the
building nor extend above or beyond the roof llne of said building.
ARTICLE IV - Buslness Center Si8ns
Sec. A - A DusLness Center, deflned as a grouping of businesses ln one corunon
plaza ox stropplng center, uray have only one (1) free standlpg sign, not
exceedlng eiglrteen (18) square feet in area, witli the advertlsinS, area
divided arnong the business enterprlses or identlfyinS, the Business Center narDe
or both-
sec. g - one slgn for each business attached to only oni wall of the buildin8,
Is alloued; said slgns are to be no higher than tt,o feet and have a length
deteroined'by the percentage of each business' frontage' r'ith the aSSregate
length of =.id .lgtts to be no Dore than )-l3 of the running footaSe of the
S 175-3300. Sigms.
9bnirfth, -T. zoning _ 23A.
alla,th of the face of the building (s) to urhlch they are affixeit; but ln no' lnstance ls any slgn to cxceed stxty (6O) square feet; and sald slgns shall
not exrcnd above or beyond the roof llne of sald bullding (s); sald signs
shall not project more than one foot from the face of the butldtng (s)- v
Sec.C - If a busLness Ln e Business Center has a xear or slde publ{c
€ntrance, a secondary attached slgn, no larger than (4) four sguare feet
shall be alloued at sald entraDce.
ARTICLE V - Ilfumlnatloo
Illurulnatedt slgns shall not have any 3lare dlstractlng to ilrlvers nor shall
there by any exposetl neon or 8as-tube-fllled slgns in.colors that rrill coa-
flict uith the abtllty to readily see trafflc llghts or cause any }razartlous
conditions, nor shall there by any moving or anlmated parts, or flashlng
lights or beacons, nor flourescent palnt usedl on signs.
ARTICLE VI - Contents
Sec. B - No slgn shall contain aoy rroving parts, except such portlons of
a sign as conslst solely of Lnillcators or tirDe and/ar teoperature ulrlch .-shall be regardetl as a publlc service.. r.r
Sec.C - Only slgns pertalnint to ldentlflcatlon, products. accorrnodat lons,
services, or actlvities on the prernises shall be allosed.
Sec. D - Natlonal Ailvertlslng f,urblerns: Ttrerc Shall be no roore than tr:o
(2) such eableus of not Dore tban sLx hunilreil (6O0) sguarc lnches per
ernbleo. Satil esrblears may be attadredl elther to the bullttlng or. contalned
ulthlD the 18 square feet of the free standLnt slgn.
Sec.E - Sl.gns on uays erected as publLc conveniencc t lll be llrnlted to
so-calleal comrnity dlsplays a-oil shall regutre a perult to be lssued Dy
-.-.tbe Bulldtng Inspector :Ln accordlance utth G.L.Chapter 85, See, 8.. theseulll be llulteil to a maximuo slze of 5L r 40" antl include only the'buslness
ldentlficatloa. Letterlng to be Dlack on a uhl.te backgrounil.
Sec.F - ?€nnantc, streamers, atlvertlslng flags, spinoers or simllar devlces
are prollblted. No mdre ttran three (3) goidrnurental fJags on any oDe
prernise is allouedl vithout !eroission frou the Sign Xevleu Board.
Sec. G - Unlettered sculptures shall be alloued in business, trlgluay coc- --merclal and Lndlustrlal zones -as long as th ey are located a mloimum of 15feet bact f:oo tbe front property line, shall not exceed a maxlmun of 15feetrand shall be properly c€'-rDented Ln place- Sculptures strall not belnterror llt anil shall havq no letterlng other than the sculptorts signaturc.Sculptures nray be lllurol.nated at nrght ulth spotllghts; subject to approva!of tle 3ulldlng rnspector. A11 scurptures shall be naintalneit Ln a safe \/anil neat condltlon to the satisfactlon of the office of the Bulldlng rns-pector.
-2-
Sec. A - Supporting posts, piltars antt arurs shall not exceed 10" by 10"
rrith no advertlsing allopable oo sald posts, pillars or arms,
YanrEuth, T.'i ARTICLE VII - Haintenance Zori;rg - 24.
All slgns, uhether erected prior to the effectlve date of this sectlon orDot, shall be malntained in a safe and neat conditlon to the satisfaction
of the office of the Bullding fnspector.
IRTI CLE VIII - Off Prenise Slgps
llrere strall be no off premise slgns, uith the exceptlon of the communlty
signs as outlined in Artlele VI, Sec. E.
IRTI CLE IX - In resldential zonlng distrlcts and business zoned districts
shoun as sectlons 21 and 23 on the zoning Eap dated D6cember 26, L972.
Sec.A - No slgn shall be of the neon type or gas -i lluminat ed-t ube type, or
4o sign sla1l have flourescent type palnt.
Sec. D - Orre (1) sigo shall be allowed pertalning to the lease, sale or
occupanc), of a lot or building on which it ls placeil. Ttre sign shall
not exceed a total area of six (6) square feet.
Sec.C - A permanent sign denoting a professlon rrill be alloped in a resi-
dentlal zoning area giving narne and occupation of resident. lte size shall
not exceed two (2) square feet in area. Only one side wll1 be counted. llo
fee or permit wtll be required- r,
Sec. D - A real estate developnent shall be perurltted the saDe slgn slzes
as alloued in a business district as long as active building and selling
are taklng place. Such slgns shall be removed uithin thirty (30) days
after such actLvitLes cease.
Sec.E - Businesses alloued Ln a resldentlal zonlng distrlct as a pre-
. existLng non-conforming use, or by Boartl .of Appeals special pernlt o8
variance, shall be allosed one free staniting 6lgn having a maximr-m area of
sixteea (15) sguare feet rdth a uraximuo width or height of sfu (6) feet,
unfess the Boaril of Appeals establlshes otler requlreDents. On double
- faced Gllns, only one 6lde Ls to be counteil. A11 atlvertising or lettering
shall be contal.neit rllthLn tbe boritere of sald sr.xteen square foot slED. 'One
single face slgo attacheil to ouly one uall of the bulldlng, as set forth li
Artlcle III, vlll be alloueit.
ARTICLE X - Peroit Process
Sec-A - No business slgn shall be erected or altered without a sigo perrolt
{ssued by the Buildlng Inspector, for r",hich a $10-O0 fee shall be charged.-.
Al1 Duslness slgns sha1l be registered and identlfied as requlred by the-.-
Sec. B - Any person aggrieved Dy the refusal of the InsPector to lssue a -
pennlt untler the provislon of this by-lau may appeal to the Sign Bevleu
loard. the Sign Revlep Board shall hold a publlc hiaring thereon anil :
reniler a decislon.
D
-3-
YanDuth, T.
c,
Zonirg - 2alA.
ARTI CLE XI - Vlolatlons
Sec. A - Any devlatlon from the foregoing rules constltutes a vlolatlon
of thls by-lao.
Sec. B - Any vlolator of any of the provislons of thls by-lau shall be
flned not more than flfty ($50-O0) for each offense. Each day that such
vlolation continues sball constitute a seParate offense.
Sec.C - Ttrls by-law will be enforced by the Bultding InsPectorrs DeP-
artment. Violatora shall be given rrltten notlce and after recelpt of
said notlce, seven (7) days uill be alloued to correct the violatlon.
If not corrected by the 8th da, from notice, a flne ulll be irrposed ae
stated in Article XI, Sec. B.
SIGN REVIEW BOARD
Establishment:
Ite Sign Review Board shall consist of five (5) urerrbers for three (3)
year terns and such number of associate members as the Selectmeu shall
deteroine, all of r:hon sharl be appointed by the Board of Seletmeu.
Pouers :
Tte Slgn Review Board shall have andl exercise all the polrera granted
by G.L. Grap. 40A, as aoended, and by thLs by-lar. ?o hear and declde
appeals or petitr.ons for variances froo a decisloo of the Bullding Inspec-
tor or denial of the issuance of a sign peimlt. SucI varlance shall be
granted only in cases uhere the Board finds all of the following:
It
(a) A llteral enforcement of the provisions of thls by-law rrould Lnvolve
.a.subatantl.al hardship, fl.nancisl or otherwise, to the petltione! or.
(b) ftre hardshlp ls orrlng to clrtunstances relatLng to the soll condltlons,
shape or topography of such 1ad or Gtructures anit especially affectLng
such land or structurea, but'n'ot affectlng generally the zonlng dlstrLct.:-.-. -
in uhlch lt is locateil.
(c) Desirable relief rnay be granted.uithout elthers
(f) S.rUstaDtfel itetrlmenr to the p;blic good; or(2) Nulllfylng or substantlally derogatint frot! the lntent or
purpose of thls by-lr.
I
Yarmouth, T.Zofi.ng -25
S 175-3400. Design s Eandards.
3410. The design of projects requiring submission of a sltse plan, pursuantto Section 1430, shall comply with the following:
3411. Internal circulation and egress are such that trafflc safety l-s
protected and access via minor streets servlcLng single-family hoaes Ls
mlnimized.
34L2. Reasonable use is made of building location, grading and vegeta-
tion to reduce visibility of parking areas frou public ways.
3413. Adequate access to each strucEure for fire and service eguipmentls provlded.
34Ll!. Utilities and drainage serving Ehe sire provide functlonal
service to each structure and paved area in lhe saoe Ennner as required
for Lots r.rithin a subdivision, and fire protection provlsions neet.ing
FLre DepartmenE regulations are provided.
3415. Major topographlc changes or reEoval of exlsting trees are avoided.
3416. In or abuttinE Residential Districts, effective use ls Eade of
topography, landscaping and building placement to maintain, to the degree
feasible, the characler of the neighborhood.
Yartrouth, T.Zoning -26
ARTICLE IV
Speclal Regula t ions
S 175-4100. Accessory uses.
4110. Camping and recreational equipmenE.
4111. At no tiEe shal1 parked or stored canping and recreational. equip-
uent be occupied or used for living, sleeping or housekeeping purposes.
4112. If camping or recreaEional equipment is parked or stored outslde
of a garage, lt shall be parked or stored to the rear of the front butld-ing line of the lot, excepE for loading and unloading.
4L2O. Accessory scientific uses. Uses, vrhether or not on the sane parcel as
acEivitles permitted as a oatter of right, accessory to activities permitted
as a matter of right, which activltles are necessary in connection wlth scien
tific research or scienlific development or related production, uay be peruit
ted upon the issuance of a speclal permlt by the Board of Appeals, provided
that the Board fLnds thaE the proposed accessory use does not substantlalLy
derogate from the public good.
Yarmcuth, T..
175-42OO Cluster Development
zortj-lg - 27
and Planned Residential DeveLopment
of
an
of s inqle-dedicafeda grouParea of
a .group of rnulti-
space a ssociated
4200 Definitions
A single-family cluster developnrent consistsfamily dwellings on reduced-sized lots, withopen space associated u,ith the development.
A nulti-family cluster development consists offamily dwellings with an area of dedicated openwith the development.
A planned residential development consists of a group of multi-family dr^,el1ings, or a mix of rnulti-family and single-fanilydwellings, along with one or more neighborhood convenience stores,as specified below, with an area of dedicated open space associatcdwith the devel opment.
4 210 Object ives
The objectives of a cluster development or a planned residential
development are: to allow relatively intensive use of landl local.lyuhile not increasing the population density on a large scale;to preserve ogen space for conservation and recreationi tointroduce variety and choice into residential development; to
,neet housing needs; and to facilitate economical and efficientprovision of public services.
6220 Applicability
The Board of Appeals may -orant a special permit to aLlort the useof land for a cluster development or a planned residential develop-
ment with uses and dimensional. requirements as specified below, in
lieu of those elsewhere specified in this by-Iaw, providedl that the
following regulations and procedures are compliedl with.
4231 . Preapplication review. Applicants are encourageit tosubmit preliminary materials for informal review by the plan-
ning Board and site plan review under section 1430, prior toformal application, in order to avoid the discovery of funda-mental problems with a proposed plan at the time of the publichearing on the granting-of a special permit. Preliminarysubdivision p1ans, if any, should be submittedl to the Planning
Board prior to application for a special permit-
4232. Application. Applicants for a special perrnit for a
cluster development or planned resjdential development (PRD)
shall submit to the Boardl of APPeals one coPy of an application
and fifteen coPies of the overall developmenl pl an. Such plan
shall encompass land r^'h i ch is contiguous, antt of area at least
ten times the minimum single-family lot area requiredl in ttrat
zone for single-family and multi-famil.y cluster, and t$enty
times the minirnum single family lot area for PRD.
Cornmon open space is afI land not designated for streets, drives,sidewalks, parking areas, lots, or non functional areas, such asyards, space betureen buildings, narrow strips, etc.
4230 Procedures
Yarnouth,T. . zonirq -' 28
4233. . OveraII development plan. The overall development plan
for a clust.ef . devel.opment or a planned residential development
shal1 indicatei lotation and boundaries of site; proposed lanil
andl buildinq usesi any requireil yards or setback areasi loca-
tion antl boundaries of common open sgacei existing toPograPhyt
proposed grad5.ng plan; location and width of streets and ways; \/pariirrg, if any; areas of proposecl and retained vegetationi-distinctions betueen uplandl andl wetland; anil drainage and
sewage facilities. In adtlition, a multi-family cluster dlevelop-
ment or a planned residential development plan shall include
dimensions-, use and proposedl locations of structures. The Planshall be piepared by- a iegistered landscape architect, architect,
civil engineet' ot land surveYor-
4234. Other materials. The application materials shall intlicate
each landowner ! s interest in the land to be developed, the form
or organization proposedl to own and maintain the common open
space, the subsLance of covenants and grants of easement to be
imposed upon the use of land and structures, andl a development
schedu le .
4235. Review and decision. Forthwith upon their receipt of the
application andl requiredl plans, the Board of Appeals shalltransmit one copy eacb to the Board of Health, the Conservation
Commission, the Planning Board, the Town Engineer, the Ifater
Department, the Building Inspector and the Fire Chief. Within
thirty-five days of receipt of the application by the agencies
named above, reports shaIl be submitted to the Boardl of Appeals
which shalL make no decision until receipt of all such reports
or until the expiration of thirty-five days following receiptof the application by those agencies-
4236 - Criteria- Approval of a cluster development or a plannedresidential development shal1 be qranted upon a dleterminationby the Board of Appeals that the plan furthers the objectivesstateil in section 4210 and complies with the requirements of
section 4240 and that the plan enhances the preservation of
open space for conservation or recreation; utifizes naturalfeatures of the land; anil allows more efficient operation ofstreets, public utilit-ies, and. other public services. Inaddlition, there sha11 be minimal disruption of establishedneighborhooils, especially with regard !o unusually heavJ traffic,visual impact, etc.
4 240 Requ i rements
A cluster development or a planned residential development shall
conf orm to the f ol1or.rir,g:
4241 - Nuriber of dlwelling units. The maximum number of dwel-
ling units aLlovredl shall be calculatedl by dividing the area
of deveJ.opable fand in the tract by the rninimum lot sizespecified in 175-250O for a single famil.y dwelling in thatdistrict- The deveLopable landl is the total tract minus:coastal lretlands andl freshwater r^,etlantls; 901 of the Landarea in e>:isting utility easementsi and I andl which does not
:neet state or local health regulations for septic systems.for this purpose, any land designated on the U-S. Departmentof Agriculture Soil Conservation maps as having severe Iimita-tjons for septic systems shall, without proof to the contrary,be deerred as not ['eeting these criteria.
Yar:[Duth, T.Zornr|g - 29 .
4242. Allowable uses. Single-family cluster deve}opments,multi-family clustei developments and planned residential
developments may be allowed by special permit in residentialdistricts, except RC, in business districts and in the HCdistrict, as shoh'n in Sec. 175-2300- Planned residential
dlevelopments may include neighborbood convenience stores, asdefined in section 4200, provided that: the gross cornmercial
floor area shall not exceed 53 of the gross residential floorarea, or 5000 square feet, whichever is fessi' the stores areattractively designed as an integral part of the overall develop-
ment; provision is rnade for their continued maintenance and
operation for the benefit of rdsidents in the deveJ.opment;
antl they be so located that residents of the neighborhootl out-side the development may use them vrithout disturbing normaltraffic patterns within the develooment, infringing on parking
spaces reserved for tlP use of residents of the deveLopment, orunduly disturbing the amenities of those residlents.
4243. DimensionaL requirements for single farnily cluster
de ve l oprnent
-l'!in i mum
!{i ni mum
ilin imum
l,lin imum
llin i mum
I'rax imum
l'tax imum
lot size -lot'ri,idth at proposett buildingfront yardside yard
rear yard
1ot coveragreheight: floorsfeet
I0,000 sg.
100 ft.25 ft.12 ft-20 ft.-
251
see sect i onsee sect i on
ft.l ine
2 440
2140
Setback from boundary of'development. No dwelling within a
cluster development may come cfoser to the boundary of the
development than fifty (50) feet. Accessory structures shaII
not be placea within ten (10) feet of any lot line.
4244. Dimensional reguirements for a multi-farnily cluster
development or a olanned residential develoPment.
Single family dlwellings in a planned residlential
shal.I be on fots and conform to the requirements
4243 above
devel oprnentof section
llulti-farnily buildings shall conform to the setback requirements
stated below. The absence of reference to fots for multi-
fami).y dwellings shal1 not prohibit a building or dwelling unit
from being shown on or associated with a lot or fots-
' The irinimum building setba6k from streets, \n'ays or pirking
areas shall be one i1) ti^"= the building height- The minimum
distance betu'een buildings shall be the sum of the heights
of the buildings as measired from the average- ground level
at the side between said buildings.
The Boardl of Appeals nay reduce these dimensional reouirements
;;;"-; "i"ii a'.'*""stration that the proposed development offers
eiceptionat advantaoes- In no-case 1h"11 "n exception be granted
to increase ttre i1t6waU1e density of a cluster of planneil
residential develoPment.
YasrErrth, T.Zoning 30
4250 General Criteria
425L- Access to cluster and plannetl residential developments.
There .shalI be adequate access provided to a cluster devefoP-
ment or a'Planned resiAential development for' the purposes
enumeratdd in uGL ch. .41 .s81-M.. If deemed necessary for public
safety and welfare, through stleets may be requiredl'
4252- Utilities- There shall be adequate utility servicE,
evidenced by availability of public water supply, adeguate
drainage and adequate sewage disposal . In the case of on-site
sevrage disposal in a cluster. dewelopment or PRD the following
are reguiredl:
1) Location of on-site sewage disposal unit shall have
sIight or moderate soil limitations for on-site disposal
of sewage effluent, based on the 1973 Soil Conservation
Service Soil Survey for the Tcwn of Yarmouth, unless it
is shown to be in error with respect to the site.
2) Septic tank leaching fields or other on-site sewageeffluent discharge facilities shall be located not Lessthan tvro hundred fifty (250) feet from any poncl over five(5) acres, river, stream, ocean;' srramp or narsh'. The Boardof Appeals may reduce this setback reguirement to not lessthan one hundlred fifty (150) feet upon demonstration by the*applicant that the site plan is thereby enhanced and alsothat existing soil cbaracteristics are such that no groundl-water or surface water pollution will result.
4253. Human and natural environment.
1) There shall be avoidance of ecol,ogical disturbance by
minimizingr the following: topographic change; removal ofexisting trees and vegetation; and visually disruptivebuildling location. t4ulti-family structures shall be
Located not less than one hundred fifty (J.50) feet fromany ponil over fiwe (5) acres, river, stream, ocean, swampor rnarsh.
2) There shall beby the fol lowing:
preservation of neighborhood amenities
a) the site design for a rnulti-family cluster or PRDshalL screen parking areas and Dreserve existing waterviews from public ways and provide effective use oftopography, landscaping and builtr.inq placement tomaintain the character of the neighborhood.
b) parking in a multi-family cluster or PIID shall conforru-., I
to section 31O0 of this by-law and in addition thereshall be glare free ilfur.ination of oarling areas.
c) no multi-family st ructuretweDty (20) dwelling units.shall contain more than
Yarnot]th, T.Zonirq - 31.
4254. I mprovement s..
3) Occupancy permits for any structure shall be grantedonly in accordance with the reguirements of section 1412.
4260 Open Space Requirements
4267- CorirnDn open space shall be preservqd for recreation orconservation and sha1l include not Less than thirty percent (30t)
of the land area within the development plan- Such open spaceshalf either be conveyed to the tovrn and acceptedl by J.t forpark or open sPace use or be conveyeil to a nonprbfit corporation -,-or trust, owned, or to be owned, by the ordDers of lots orresidential units within the plan- ff such a corporation ortrust is ut.ilizetl, ownership thereof shal'I pass with conveyanceof the lots or residential units. fn any case where such landis not conveyed to the town, a restriction enforceable by thetown shalI be recorded, providing that such lanil be kept in an
open or natural state andl not be built upon or developed foraccessory uses such as parking or roadpay, and the town shal1 begranted a perpetual easement over the land sufficient to ensureits perpetual maintenance as conservation or recreation land.
Such open space sha1l be delineated on the p1an.
4262 - Long-term compliance. Subsequent to approval of such
cluster development or planned residential devefopment no land
therein shalI be sold and no lot line or structure altered fromthat sho\rn ori the overall" develooment plan.so as to increase the
extent -of Donconf ormity .i{ith the standird dimensional regulations
of this by-) aw-. " (See SI75-2400, antl 175-2500). Prior io sale
of any lot *'ithin a cluster development or PRD, or issuance of
a building permit for construction therein, such lots shalI be
shor^'n on a plan recorded in the Registry of Deeds or registered
r^'i th the Land Court, v;hich plan shal1 make references to tbe
recorded lancl a-oreements referredl to in sect ion 4247 - UnLess
the Board of Appea).s has specifically approved staged devel'opment,
such plan sha1l show all lots to be included in the developn'ent'
1) Access, drainage, utilities and grading shall meetfunctional standards equivalent to those "it"bl ished inthe adopted Planrring Board Subtlivision Rules and Regulations.
2l Prior to issuance of building permits within a multi-f arnily cluster or planned residential development, theTown Engineering Department shal1 certify to the BuildingInspector that a detailed site plan has been submitted inaccordance with Section 1430 and meets the reguirements ofsaid section.
YarBouth, T.
s u5-4300.
Zoning -33
Flood area provisions.
PerEits for new construcEion, alteration of structures or other developmenE(any nan-nade change Eo ioproved or uninproved real estate, including but notlinited to buildj.ngs or oEher structures, nining, dredglng, filling, gradlng,paving, excavation or drilling operations), at or below the base flood eleva-tion as specified within the A and V Zones (in unnunbered A Zones, ln theabsence of I'ederal Insurance Adninistration data, the base flood elevationsshall be deterEined by obtaining, revlewing and reasonably uttltzing any exist-
Lng base flood elevatlon daEa frou federal, state or other sources), as deslgnated
oo speclal Flood Insurance Administration Flood Insurance Rate llaps, Nos. 01
through 04, effective \lay 2, L977 (which are on file with rhe Town Clerk,
Planning Board and Building Inspector), shal1 be approved subJect to the following:
4310. Hininun floor elevations. Nelt consEruction or substantLal improvementt(repair, construction or alteration costing fifty percent (502) or trore of Ehe
market value of the strucEure before improvemen! or, if darnaged, before damage
occurred) of residential structures shall have the lowest floor (including
baseuenc) elevated to not less than base flood elevations. New construcEionor substantial improvement of nonresldential structures shall elther be sftoilar-
1y elevated or, togeEher with attendant utility and sanitary facllitles, be
floodproofed to not less than base flood elevations.
4320. Certlfication of floodprooflng. Wbere flooriproofing is utillzed 1n
accordance wlth SectLon 4310, a EegLstered engineer or architect shallcertlfy that the floodproofing Eethods are adequate to sithsEand the flood
depths, plessures, veloclties, fuopact and up11ft forces and other factors
associated lrlth Ehe base flood.
*Note: Substantial lmprovemen! r"r-ill have been decreed to occur when the first
alEeration of any structural part of the bullding comoences.
Yaroouth, T Zoning -34
4330. Building Inspector review. Any new construcrion or substantial
inproveoenE to be undertaken within sald distrlct shall be in accordance
Lrith the UassachuseEEs Srate Bullding Code, Section 748.0. The Building
Inspector shal1:
4331. Review all proposed development within the flood dlstrlct to assure
that all necessary pernits have been received froro those governtrental
agencles froro which approval is requi.red by federal or state law, includ-
ing Section 404 of the Federal l{ater Pollutlon ConErol Act Amendments of
L972, 33 U,S.C. $ 1334.
4332. 0btaln aod Eaintaio records of elevation and floodproofing 1eve1s
for new construction or substantial irnprovenent within the flood districE.
4340. Veloclty Zones. No land within areas designated as V (veloclty) Zones
on the Flood Insurance Administration Flood Insurance Rate llaps shal1 be
developed unless such development is demonstrated by the applicant to be
locaEed landward of lhe reach of the urean high tide. A11 new consEruction
and substantlal inprovemenE within the V Zones shal1 be elevated on adequately
anchored pilings or colunns and securely anchored to such piles or coluons
so that the lowest portion of the sEluctural nembers of the lowest floor
(excludlng the pllings or colunns) is elevated Bo or above the base flood
elevation; and certified by a registered professional engineer or architect
thaE the structure is securely anchored to adequately anchored pillngs or
colurons in order to l,ithstarld velocLty waters and hurricane wave wash. The
followLng sha11 be prohibited within said V Zones:
4342. Use of f111 for structural support for new consEruction ot sub-
stantial lEproveEent of sEructures.
4343. MobLle hones.
435L. A showl-ng of good and sufflcient cause;
434L. Any nan-made alteration of sand dunes which mlght lncrease the
potentLal for flood damage.
4350. Variances and speclal perBiEs. The Zonlng Board of Appeals nay
authorlze use variances rrithin the flood areas in accordance lrirh Subsection
7322, as in any other zonlng distrLct lrlthin the Town of Yaroouth, and may
grant a special pernlt for oew structures ot substantial improvenents to
be erected on a lot one-half (LIZ) acre in size or less, contiguous to and
surrounded by lcts with exlsting structures constructed belor the base floodelevatlon, provlded that the following are Bet:
4352. A determination that failure to grant the speclal pernlE wouldresult In exceptional hardship Eo the applicant;
Yarmouth, T.Zoni ng -35
4353. A determination that the special perrnlt will not resulE ln increased
flood heights, additional threats to publlc safety, extraordinary publlc
expense or any conflicE lrith requirenenEs in accordance with G.L. c.40A,
as aoended; and
4354. The ZoninB Board of Appeals has notified the appllcant for the
special permit, ln writing, that the actuarLal rates e111 increase as
the first floor elevation decreases and thaE such construction belou
base flood elevation level increases rlsks to life and propert.y.
4370. Historlc places. The Zoning Board of Appeals may grant a special
pennit for Ehe reconstruction, rehabilitation or restoration of strucEureslisted on the NationaL Register of Historlc Places or the StaEe Inventory
of Historic Places, without regard Eo the procedures set forth ln Section 4350
above.
4380. OEher laurs. Where these flood area provisions iupose greater or lesserrestrictlons ot requirements than those of other appllcable bylaws or regula-tions, the Inore restrictive sha1l apply.
5 175-4400. lJetlands Conservancy District.
4410. General. This secEion does not grant any properEy rlghts; lE does
noE authorize any person to trespass, inftrnge upon or inJure the property
of another; lt does not excuse aoy person of Ehe necessity of cotoplying
t Lth other sectlons of thls bylaw or other applicable 1aws, regulatlons or
bylaws.
4420. Purpose. Conservancy Districts are intended to Preserver Protect and
EaintaLn the groundwater supply on which the lnhabitanrs depend for uaterl
to protect the purity of coastal and lnland waters for Ehe Propagatlon of
flsh and shellfish and for recreational PurPoses; to Provide for the con-
tlnued functioning of the rretland as a natural systeD; to Protect the publlc
healEh and safery; to protect Persons and proPerty from the hazards of flood-
4360. Procedure. Upon the graoting of such a special permit or a variance
froo thls S 175-4300, the Zoning Board of Appeals shall require that the
Town of Yaroouth maintain a record of all such varlance and speclal permlt
actLons, including Justiflcatlon for issuance, and reporE such varlaoces
and speclal permiEs issued ln its annual report to the Flood Insurance
AdEinistrator in accordance with the Departnent of Housing and Urban Develop-
nent guidelLnes.
Yarmouth, T
and tidal rraters lrhich may result from unsuitable developoent in swaEps, pondg,
bogs or marshes along watercourses or in areas subjecE to floods and exEreroe
high tides; to preserve the anenities of the town; and to conserve naEural
condLELons, wtldlife and open space for the education and general welfare
of the publlc.
4430. Pentritted uses. Except as prowlded ln SecEions 4440 and 4450 below,
buildings, structures and premises in Conservancy DistrlcEs nay be used only
for the following purposes, exeept as otherwise authorized by $ 175-2300 or
by statute:
4432. Forestry, grazlng and farming, nurseries, truck gardenlnS and
harvesting of crops, including but not llmited Eo such crops as cran-
berries, marsh hay, seaweed, berries and shrub fruits and trees, and work
incidental thereto.
4433. Conservation of soi1, water, plants and wlldlife.
4434. Outdoor acEivities, including hiking, swirrning, boating, nature
study, fishing, trapping and hunEing.
4435. Dralnage works rrhich are part of local flood and uosquLto control
conducted by an authorized publlc agency.
4436. Uses accessory to residential or other prinary uses, such as
flower or vegetable gardens, lawns, pastures or forestry areas.
4440, Uses permitted by speclal pernlE.
4441. Upon lssuance of a speclal peroit by the Board of Appeals, and
subject to such speclal condltions and safeguards as the Board of Appeals
deens necessary to fulfill the purposes of Sectlon 4420, the foLlowlng
uses and strucEures are perELEted:
(a) NonresldenElal bulldlngs or structures Eo be used only Ln con-junction vlth fishing; shellfishing; the growing, harvesting and
storage of crops raised on the prenises; and boathouses.
(b) Dams, changes in watercourses or other dralnage lrorks only aspart of an overall dralnage plan consEructed or auEhorized by apublic agency except as sEaced ln Subsectlon 4435 above.
Zonlng -36
4431. Fishing and shellfishing, including the ralsing and cultlvation of
fish and shellfish.
Yarnourh, T.Zoning -37
(c) The superficlal clearing of areas of private beach and the f11-ting or replenishoenE thereof ln conformlty rrlt.h the provlslons ofChapters 782 and 784, Acts of L972, and G.L. c.91, as anended.
(d) Fabricaced walks or trails, docks and landings for prlvate use.
4442. The Board of Appeals may grant. a special pernit for the above-
stated special uses, provided thaE:
(a) Four (4) copies of an application, including a detailed p1an,
are submitted to the Board. Sai.d plan shall indicate Ehe locarLou of
proposed and existing structures, the distinctlon betrseen the setland
and upland and elevations of land concours at tlro-fooE intervals,
referenced Eo mean sea level datum.
(b) Coples of the application have been transmitted by the Board of
Appeals to the Plannlng Board, Board of Health and the Conservati.on
Coumission lrithLn seven (7) days of their receipt by the Board of
Appeals, and reporEed upon by all three (3) Boardsq or thirty-flve(35) days shal1 have elapsed following recelpt of such referral.
Approval by the Board of Appeals shall be Eade contingent upon
approval of on-site water supply and/or on-slte serrage disposal
systems by the Board of Ilealth or the l{assachusetts Dgpartnenf of
Environ-oental QualiEy Engineerlng, if havlng jurlsdLction.
(c) Any said nonresldentlal building sha11 not exceed one thousand
(1,000) square feet in total ground coverage.
(d) Any said nonresidenElal bullding sha11 conforo to the setback
and side line requlremenEs of the underlying zoning distrlcE, and pro-
vlded thaE any such nonresidential building or structure shall be
designed, placed and constructed to offer a ninimuo obsErucElon to
the flos of lrater.
4450. LocatLons exenpted by spec:.aI pentrlt. If any land ln the Conser-
vancy Distrlct Ls deaonstrated Eo the satlsfaccion of the Board of Appeals,
after the questl.oa has been referred to aud reported oo by the Plannlng
Board, Board of Ilealth and the Conservatlon Commissioo, or thirty-five
(35) days have elapsed slnce recel.pt of such referral; and after soll
survey daEa, percolaElon EesEs taken between and lncludiog the nonths of
February through May and a plan shoning elevaEions of land contours at
tlro-foot intervals, referred Eo Eean sea level datum, have been subnitted
and certl.fled by a registered professlonal engineer and/or land surveyor
as beLng in fact Dot subJect fo flooding or not unsulEable because of
Yaroouth, T Zoning -38
drainage provisions of this secEion; and thaE the use of such land wlIl notlnterfere with the purpose for nhich the Conservancy DisErict has been
establlshed and wlll noE be detrimental to Ehe public safety and/or velfare,
the Board of Appeals may, after a publlc hearLng with required notice, lssuea speclal pernit for any use otherwise pertriEted at that location under Ehe
Zoning Bylao, in which case all oEher zoning provlsions applicable to such
Iand use shall apply.
4460. Board of Appaals criteria. Wherever in thls section the Board of
Appeals is aurhorized to issue a speclal permit, said Board shall assure
to a degree consistenE with a reasonable use of the location that sald use:
446L. Does not produce unsuitable developuent 1o roarshes, bogs, ponds
or along watercourses or in areas subject to flooding.
4462. Facilitates the adequate protection and provision of a waEer supply.
4463. Protects and preserves the inland marshes, bogs, ponds and water-
courses and their adjoining wetlands in order to safeguard the purity of
lnland and coastal waters for the propagation and protecEion of aquatic
ltfe and fo! recreational purposes.
4470. Prohibiced uses. Except as provided in SecEions 4430, 4440 and 4450
of this protective bylas, the following uses are prohlbiEed sithin the
IJetlaud Conservancy District.
447L. No person shal1 fil1, place or dump any soll, 1oan, peat, sand,gravel, rock or other DiDeral substance, refuse, trash, rubbish or debris.
4472. iilo person shal1 drain or excavate or dredge land or wetlands or
remove therefroE loaa, peat, sand, gravel or other Einera], substances.
4473. No person shaIl perforn any act or use any land or setlands in a
uanner which would desEroy the naturaL vegetaEion, substantlally alter
exlsting paEterns of urater flow or oEherwlse alter or peroit Bhe altera-
tlon of the naEural and beneflcial character of the land or wetland.
4474. No person shal1 cause by any means any sewage or any effluenc
contaminated by sewage to enter or flow inEo any lretlands, lrhethet the
sane is by surface or subsurface action or seepage or othenrlse. ttWetlands,t'
in this section, shall oean areas comprising poorly drained or plastic
so{.1s such as clays, Euck, peaE or bog in vhlch depth to hraEer table ls
stx (6) inches or less during the period betlreen February and May.
Yarnouth, T Zoning -39
4475. Any and all sewage disposal systetrs, storage areas or tanks for
chenicals or petroleun products or other potential sources of substantlal
pollutLon shall not be located $riEhin seventy-five (75) horizontal feetof any Conservancy District.
4476. llo buildings or strucEures shall be erected.
4481. A plan, drawo by a registered land surveyor, of the lot on which
such bullding ls intended to be bullt. Sald plan to shorr:
(a) Proposed buildlog and sewage di.sposal locations.
(b) Elevationg of the land contours, at teo-foot intervals, referencedlo Eeaa sea level datutr-
(c) Location of percolatlon tests taken between and including the
uonths of February through May.
(d) So11 survey data certified by a registered professional engioeer.
4482. Each appllcation to include a1I of the folloving, prior to lssue-
ance of a buildlng penlt:
(a) The wrLtten approval of the Board of Eealth.
(b) A written recomendation by the Conservation ComissLon.
(c) A copy of the special peroit granted by the Board of Appeals;
$ 175-4500. Votels.
4510. Accessory uses. No accessory uses are pernitted in requlred yard
areas except a drlveway and permit.ted signs (subject to the provLsions of'
$ 175-3300 in the front yard). All yard areas no! covered by parking areas,
drlveways, accesoory structures or other lopervious surfaces shall be planted
vith grass, Erees, shrubs or other vegetatloB.
llhere aoy Dotel 1ot line abuts a Resldential Distric! boundary, there
4480. Building permlts. Whenever an application is nade for a building perniE
shich involves the use of land io the Conservancy District, the Bulldlng
Inspector 5fi3f1 require the applicant for such pernit to provide as part of
such applica tion:
YarmouEh, TJ Zoning -40
shaI1 be a buffer at least ten (10) feet wide conEaining a dense grouping
of trees or shrubs, either retalned or planted, sufficienE to provlde a
natural barrier at leasE three (3) feet high initially and aE least seven(7) feet high rli.thln flve (5) years.
4520. Lighting. No buildings shal1 be Llluninated in such a way that
causes glare for ootorlsts, pedestrians or neighboring prenises.
Zoning - 4L
ARTICLE V
Defini tions
5 r75-5100. Defini rions.
In this bylalr, the following terms shall have the following meauings unless
other meaning is required by t}e context or is specifically prescribed:
ACCESSORY BUILDING OR USE -- A building or use customarlly incldental to
and located on the same lot wi th the principal bullding or use, or on
contiguous lots held under the same ownership, excep! that if more thanthirty percenc (302) of the floor area or fifty percent. (507.) of the loE
area is occupied by such use, it shall no longer be considered accessory.
BOARDING- OR LODGING HOUSE -- A dwelling llith a managing family resident
on the premises, offering accomuodations, with or without oeals, for rental
to more thaothree (3}and fewer than tlrelve (12) persons.
BOYS' OR GIRLST CAMP -- Facilities operated on a seasonal basis for e
conEinuing supervised recreational, health, educational, religlous and/orathletic program, with persons enrolled for periods of not. less than one(l) week, and shall include but not be limited to such facilitles as Boy
Scoutsi canps, YI1CA canps, tennis camps or other similar facilities, uithor without overnight accomodations.
CAr\tP ING AND RECREATIONAI EQUIPMEM --Inc1udes but is not lirnited to the followin
(a) BOAT -- Any inboard, outboard or sall opeo $atercraft, opeu. or
cabln type.
(b) C.AltP ING TRIILER -- A canvas, folding strucLure mounted on r.iheels
and deslgned for travel, recreation and vacation use.
(c) MOTOR HOME -- A portable, temporary dwelling to be used for travel,recreation and vacation, constructed as an integral part of a self-propelled
vehicle, havirig a body width not exceeding eight (8) feet and a body length
noL exceeding LhirEy- tlro (32) feet.
(d) PICKUP COACH -- A sEructure designed primarily to be mounted on a
pickup truck chassis and with sufficient equipment Eo rendeE it suitablefor uses as a temporary dwelllng for travel, recreational and vacation
use.
(e) TRAVEL TRAILER -- A vehicular, portable structure built on a chasils
des-igned to be used as a temporary dwelling for ttavel, recreational and
vaeation uses, pennanently identified "travel trailer" by Ehe manufacturer
of the trailer and having a body width not exceeding eight (8) feet and a
body lengEh not exceedint thirty-tllo (32) feet.
Yarmou th, T.
Yarnouth, T.Zoning - 42
CAYPGROUND -- Premises ari th sites used for travel trailers, camPers' tenEing or
for ternporary overnight facilities of any kind where a fee is charged.
CLUB or LODCE -- 'lhe premises or buildings of a nonProfiL organization
exclusively servicing members and their guests for recreational, athleEic
or civic purposes, but not including any vending sLands, merchandising or
conrnercial activities except as required generally for the membership and
purposes of such club. This shall not include clubs or organizations uhose
cbief activity is a service customarily carried on as a business.
cololERcl^I NURSERY OR GREENHOUSS -- Premises principally used conrnercially
for the propagation of trees, shrubs, vines, flowers or other plants for
transplanting, stock for grafting or fo! cut flowers, or for the raising
of pr-duce within a glassed or plasEic encl'osure, for either r'zholesale or
re tai I sale.
CONTRACTOR' S .YARD -- Premises used by a building cont.raclor or subcontractor
principally for sLorage of equipmenE and supplies, fabrication of subassemblies
or parking of wheeled equiPment.
DI.IELLING -- A building or part, of a building used exclusively as the living
quarters for one (1,) or more famllies.
DWELLINC, MULTIrAHILY -- A dwelling containing three (3) or more dwelling
units, irrespective of tenure or ounershiP.
DI.,ELLING, SINGLE-FAIIILY -- A dwelling other than a mobile home singly and
apart from any other building, used exclusively for resldential purposes fot
one (l) fami ly.
DWELLING, TI,rO-FA!,IILY -- A dwelling other than a moblle home slngly and apart
from any other building, used excluslvely for residential purposes for
two (2) families.
DWELLING UNIT -- Living quarters fcr a single family plus not more thanthree (3) boarders, Iodgers or domeitic employees wiLh cooking, living,
sanitary and sleeping facilicles lndependent of any other unit.
EDUCATIONAL USE -- Premises used for systematic inst.rucLlon or for the
imparting of knowledge, and either operated by a public agency or licensedor accredited by the Conrnissioner of Education.
FAIILY -- An individual or tuo (2) or more pelsons relat.ed by blood oraarriage, or a group of noE more than five (5) persons not so related,living together as a single housekeeping unlt.
Yarnouth, T,Zoning - 43
GROSS FLOOR AREA -- Shall be measured to the out.side of the building with
no deductions for accessory unoccupied areas such as hallvays, stairs,
closets, thickness of walls, columns or other such feaLures.
GUESTHOUSE -- A structure similar in character to
dwelling, in which overnighE lodging is offered fo
persons, primarily touris ts.
asrf ing le- fami ly
ive (5) o! more
GUEST UNIT -- A room or suite of rooms in a hotel, motel, motor inn or
guesthouse suitable for separate rental.
HOSPLTAL -- A facility for the care and treaiment of patients as licensed
by the MassachusetEs Department of Publlc Health under G.L. c.1ll, $ 51or 71, as amended.
HoTEL or MOTEL -- A building or group of buildings consisting of
or nore guest units, providing lodging, with or vrlthout meaLs, on
basis for compensation.
three (3)
a trans i enc
LOT FRONTAGE - That portlon of a lot fronting upon and having rights of
access to a way providing legally sufficient frontage for the division of
land under the reguirements of G.L. c.41, $ 8lL. To be measured continuously
along a single street line.
MOBILE HOME -- Any vehicle or object designed for movement on wheeLs and
having no motive power of its or"m, but. which is drawn by or used iD connectionwith a motor vehicle, and which is so designed and constructed, or reconstructedor added Eo by means of such accessories, as to pemit the use and occupancy
thereof for human habitation, wlrether resting on wheels, jacks or other
foundaLion, and shall include rhe type of consEruction conrnonly knorsn as
"mobile homer" having a body width exceeding eight (8) feet and a body lengEh
exceeding thirty-two ( 32) feeE.
MOBILE HOitE PARK -- Premises planned and improved for the renEal of spacesfor trlo (2) or nore mobile homes.
}'IOBILE STRUCTURE -- A movable structure designed for year-round oecupaocy
used for office or other nonresidential activity.
NURSING HOME -- Any dwelling or building wlth sleeping rooms where persons
are housed or lodged and furnished with meals and nursing care for hire,
as licensed by the Uassachuset.ts Department of Public Health under G.L.c.lll, $$ 71 through 73, as amended.
PAVING -- A uniform, hard, smooth covering which will bear travel by vehicles
or by pedestrians iu all seasons, or which is used in conjunction nith certain
sports or recreaEional activities. I! includes concrete, bituminous concrete,
oil-penetrated gravel, brick and paving stone, but shall not include such
naterials as gravel, crushed clamshells or any otlter similar material.
Yarnouth, T.Zoni ng -l+4
PLACE OF ASSEIIBLY - Premises acconnndat i ng a gathering of fifty.(50)-or rpre
individuals for purposes not more specifical ly categorized in this bylavl.
REAR BOUN0ARY LoT LINE
-
That boundary line of a lot shown on " plan 6f
f"nJ o. described by deed, recorded with the Barnstable County Registry
of Deeds, which is Lpposiie the street line of Route 28'
RELIGIOUS USE - Premises principal ly used for public worshiP' religious .'.
instruction or other .rprurrion of'an integrated systern of theological teachings
or belief.
SEASOML USE - use of a lot or strucEure for 180 days or 1ess. 1=r lear on the
average. An applicant rrEly shc[^, otherwise hy proziding evidence such as utilitybills, US Post office records, sr.uorn affidavits frc[n 3 ahrttfuE| year-rourd residents
or other eviderre satisfacEory to tne B\rildijtg Inspector.
SIGN - All advertising devices or insignia, whether lettered or not,
designed to prqnote a business or the sa'le of a product or of a service.
SIGN AREA - Shall be determined by the multiplication of the extreme width
and the extreme height, including borders and without deductions for open
space or other i rregul ari ties.
STABLE - Any prenri ses used for the shelter and feeding of horses for
rernuneration, hi re or sale.
STRUCTURE - A combination of materials assernbled at a fixed location togive support or shelter, or anything constructed or erected, the use of which
requires a fixed location on the ground, including but not limited to bui ldings,
nrcbi le hornes, swirming pools having a capacity of four thousand (4,000) gallons
or rpre, piers, jetties, signs, fences, radio antennae and retaining walls.
The word rrstructurerr shalI be construed, where the context requires, as
though fol lowed by the words rror part of parts thereof.rl
TELEPHONE EXCHANGE -- A bui lding containing a central systern of switches and
other equipment and personnel that establishes connections between individual
telephones. It shall not include facilities for servicing individual telephones,
truck or equipment storage, business offices or any other facility or office
not directly related to the switching systern.
YARD - An open space, unoccupied and unobstructed by any structure (exceeding
seventy-five (/!) square feet floor area) except the following:
(a) Fences, walls, poles, posts, paving and other customary yard
accessories, ornaments and furni ture.
(b) In front yards only, eaves, steps and noncovered porches.
Cornices, window sills, belt courses and other ornanental features may project
not more than eighteen (18) inches into any required yard, except that stepsin front yards may be permitted.