HomeMy WebLinkAbout1983 Zoning Bylaw September 1983LEGISLATIVE HISTORY
This zoning By-law has been revised and reorganized accol'd ing tothe provisions of Chapter 808 of the Acts of 1975, The zofling Act,under article l of the Special Town Meeting on April 11, 1978.
Revisions:
1. In the Specj.al Town I'leetj,ng of December 5, 1978, and continued:
Under Artj,cles 25, 28 and 36.
2. In the Annual Town Meeting of April 8, 1980, and continued:
Under Articles 54 and 55.
3. In the Special Town Meeting of January 7, I98lz
Under Articles 2 and 3.
4. In the Annual Town Meeting of April L3, 1982, and continued:
Under Articles 45, 46, 47, 48, 49,50, 51 and 52.
5. In the Annual Town Meeting of April 12, 1983, and continued:
Under Articles 19, 20, 28 and 53.
6, In the Special Town Meeting of September 28, 1983, and continued:
Under Articles 14, 16 and 18.
75-1100.
75-1200.
75 - 1300 .
75-1400.
75 - I500 ,
75-1600.
75 - 1700 .
75-3100.
75-3200.
75-3300.
75-3400.
175-4100.
175-4200.
175-4300.
175 -4400 .
175-4500.
Chapter 175
ZONING
ARTICLE I
AdministraEion and Procedu re
Purpose.
Administration.
Board of Appeals.
Permit reviews.
Appl icabi 1i tY.
Validity.
AmendmenE.
ARTICLE II
District Regul ations
EsEablishment of d is tricts
Use regul ations.
Use Regulations Schedule.
Intensity of use regulat ions.
Intensity of Use Regulations Schedule-
ARTICLE III
General Regu 1at ions
Parking and loading requirements.
F111ing.
Signs.
Design standards.
ARTICLE IV
Speclal Regulatlons
Accessory uses.
Open space village develoPment.
Flood area provisions.
Wetlands ConservancY Dis trict.
Ilotels.
ARTICLI V
Definitions
26
26
33
35
39
Page
1
1
1
3
5
7
7
$1s1
$1
$1$r
$1sr
$1!r$ISr
$1
$1
$1!1!1
75-2100.
75-2200.
75-2300.
75-2400.
75-2500.
8
9
10
15
t5
18
22
23
25
$ 175-5100. Definit ions.41
Yarnouth, T.
s
$
5!
$
I NDEX
Accessory uses
Alteration or change of structure or landAppeals, Board of
Abandonment of Use
Bonus - Congregate living housingBuilding height
Busi-ness & Industrial Iots
Camping & recreational equipmen!
Change, extension or alterationCluster & PRDCluster Development
Condominium Convers ion
Congregate living housing
DefinitionsDesign Standards
Dirnension Requirements - single family cluster
Dimensional Requirements - TabIe ofDistricts - establishnent of
Duplexes
E Elevations, minimutn floor
En forcementExtension, change or a.Lterati-on
F FilIingFlood area provisions
Floodplain zonesFront yard
crandfather ing
Gue s thouse
Sect ion lpagq )
B
D
4245
2440
1535
(29 \(rs)
(6)
4l
291
16)
8)
7l
A 410 0 (26114rl (3) 1532 (6)
1300 (r)
1531 (5)
i
C 4lt0
1532
1431
4200
r540
4200
5r00
14 3r
4243
2500
2110
1536
261
5)
4)
27\
7l
27 I
33)1) 3300
6)
22\
33,34)
e)
1s)
4r)
43r0 (r2r0 (
1s32 (
3200
4300
2113
2430
Ixr ] (24A1
G 1534 (6
1431 (4
INDEX (pa qe 2\H IlardshipHearings, public Board of Appeals
I Illumination of s ignsImprovements, siteInspection
L LightingLoading requirements
l,! I.,linimum frontage reductionMobile Home ParksMotels/hotels
I'luIti-family
Multi-family - none north of Rte. 6
N NonconformancyNonconforming lots
o Occupancy permitoff-street parking requj,rements
Open space requirements in cluster or PRD
2420 115j1431 (4)
1431 (4): 2500 [B] (15):
4500 (39):
1540 (7): 2300 (1I):
4200 l27l:footnote 14 (148 )
Sect ion (page )
L322
r330
3300 (
1412 (
L220 (
(21
(3) : 1423 (4):
2 3A)
3)I)
J
K
4520 (40)
l22l
1s30 (s
r534 (5
t4123r1l
4260
(3)(18): 3120 (18-20):
( 31)
IiNDEX e3
Parkinq no more than tr^ro carsP Parking & Ioading requirementsPenaltiesPermits, buildingPermits, comprehensive - Iow or moderate i-ncome
Permits, occupancy housing
Permits, requiredPermit, signPermits, speci-a1 - special permit granting
author ity
Planned Residential Devel-opment (PRD)
Plans for Site Plan ReviewPetitions, repetitive
R Rear boundary 1ot lines
Recreational equipment
Re storat ion/ repa ir
Scientif i-c uses
SignsSingle lotsSite Plan Review
T Transitional provisions
Two districts - lots inTravel Trailers - parking
Trucks - parking
Use Regulations
Use Regulations Schedul-e
v Variances
:300.1IIJU
1230
L325
{16$u(r)
(3)
)
,2 4l
(6)
5)
L324
L4t2
14 10
3300
132r
L4?4
4200
1433
r340
(2t
(3)
(3)
txl
(21 :&5
t27 |(s)
(3)
(241
L42O t, 2l (3) r
(4) :1540 (7):
(e)2Ll4z 2Il5l.2120:4rr0 (26)Is33 (6)
S 4)-20 (26
3300 (23
I534 [a]1430 (4,
1536
213 0
4110
2300
(71
(e)
(26l.
ta4l (14A)
U 2200
2300
1322 l2l
(r0)
(1r)
\*"IZ Wetlands Conservancy District 2I12 (8): 4400 (35):
Section (page )
Chapter 175
ZONINC
ARTICLE I
Administration and Procedure
$ f75-1100. Purpose.
The purpose of this bylaw is to promote the health, safety, convenience and
welfare of the inhabitants by dividing t-he town inEo districts and regulat.ing
the use and construction of buildiugs and premises thereln.
$ l75- 1200. Admini s tra tioo.
1210. Enforcement. This bylaw shall be enforced by the Building lnspector.
1220. Professional inspection. Construction on projects under a single
building permlt involving eit}ler one (I) or more structures (other thao
ooe- or two-family dwellings), each containing thirry-five thousand (35r000)
cubic feet of volume or more, or lnvolving fifty (50) or more dwelling uni!s,
irrespective of Eype, shall be done with the inspection of a registered
professional engineer or architect, retained by the developer. Such engineeror archltect shall periodically, as requested by the Building Inspector,attest theE alL work being done under his supervlsion ls being done in
accordaace iri th the plans as certified under Subsection 1411.
1230. Penaltles. Any persoa violating any of the provisions of thls bylawshall be fined not more thaa fifty dollars ($50.) for each offense. Each
day that such violation continues shall constiEute a separate offense.
L240. Ircrrdescriminati.on. Ttre adninistration arxl enforcefient of this By-rawstrall be done witho,t req-d to race, color, se]<, age, physical h.rrdil;,'religion or nationa.l- origin.
$ I75-1300. Board of Appeals.
1310. Establishment. The Board of 4rpeals shall consist. of five (5)members and such number of associate members as the serectnen "rr.ii'deterrnine, who shall be appolnted by the Selectaen and shal.I act. in allmatters under thrs bylar ln the manner prescribed by G.L. ..aoa, +on-".ra ar,as amended.
1320. poeers. The Board of Appeal.s shall have and exercise all the powersgrantEd to lt. by G.L. c.4OA, _408 and 41, as amended, ""d ;y-.hi; ;irir.The Board's powers are es followsl
Yarmou th, T Zoai-ng - 2
1321. To hear and decide applications for special permits uponshich the Board is eopowered to act under: this bylaw, in accordance
wi th Section 1420.
1322. To hear and decide appeals or petitions for varlances froo
the terns of this bylar, including variauces for use, wlth respectto partlcular land or structures. Such varlance shall be Srantedonly in cases lrhere the Board of Appeals finds all of the followlng:
(a) A literal enforceoent of the provisions of this bylaw would
lnvolve a substantial hardship, financial. or otherwise, to thepetltioner or appellant..
(b) The hardship ls owing to circumstances relating to the soil
conditions, shape or topography of such land or structures and
especially affecting such land or structures, but not affecting
general.ly the zoning district lu rfiich ll is located.
(c) Deslrable relief may be tranted without elther:
(l) Substantlal detriment to Lhe pubrtc good; or
(2) Nulllfying or substantialLy derogating from the
intent or purpose of this bylaw.
1323. To hear and decide other appeals. Olher appeals wlll also be
heard and decided by the Board of Appeals r-hen taken by:
(a) Any person aggrleved by reason of hls lnabiLity to obtain a
permlt or enforcemenE actioo from aEy a&ninistratlve officer under
the provlsions of G.L. c.40A, as amendedr' or
(b) The Cape Cod Plannlng and Economlc Development Coarniss lon; or
(c) Any person, lncludlng any officer or board of the Town ot Yarmouth
or of any abutting toim, lf aggrleved by any order or decisloa of the
Bullding Inspectot or other adrnlnlstrative offlcial, ln vlolatton of
any provlslon of C.L. c.40A, as smended, or Ehls bylarr.
L324. To issue cornprehensive permits. Comprehenslve Perolts for
construcElon may be lssued by the Board of APPeals for constructlon
of low- or moderate-lncome houslng by a publie agency or lialted dlvldend
or nonprofl! corporatlon, upon the Boardts determlnatlon that such
construction would be conslstent wlth local needs; whether or not. conslstent
wlth local zoning, buildlng, health or subdlvision requLrements, as
authorized by G.L. c.40B, SS 20 through 23, as amended.
Yarmouth. T zoning 3
I325. To issue withhBld bullding permits. Building permits withheldby the Building lr,sDectoL acting under c.L. c.4I SSIY as amended, as a
means of enforcing the Subdivision Control Law may be issued by theBoard of Appeals where the Board finds practical difficulty or unneces-sary hardship and if the circumstances of the case do not require thatthe building be related to a wa1, shown on the subdivision ptan in question.
1330. Public Hearings. The Board of Appeals shalI hold public hearingsin accordance with the orovisions of G.L. c.40A, 40B and 4I, as amended,on all appeals and petitions brought before it. Submission shalI be inconformity with Sectj-ons 8 and 14 of Chapter 40A which shall includepayment of a filing fee of thirty dollars ($30.00).
I340. Repetitive Petitions. P.epetitive petitions for special permits,
appeals and petitions for variances and applications to the Board ofAppeals shal1 be limited as provided in c.L. c.40A S15, as amended.
1350. zoning Administrator. The Board of Appeals may appoint a
zoning Administrator in the manner and under the provisions of Chapter
40A Sf3. The Zoning Administrator shalI have those powers specifically
delegated by vote of the Board of Appeals. Such powers may be modified,
amended or restricted from time to tlme by vote of the Board.
SI75-1400 Permit Reviews.
1410. Required Permits.
1411. Compliance certification. Buildings, structures or land maynot be erected, substantially altered or changed in use without certifi-cation by the Building Inspector that such action is in compliance with
then applicable zoning, or without review by him regarding whether all
necessary permits have been received from those governmental agencies
from which approval is required by federal , state or local Iaws.
Issuance of a building permit or certificate of use and occupancy, whererequired under the commonwealth of l.iassachusetts State auilding Code,
may ser
t4L2.is erected on a lot, no occupancy peof the site shall be issued until pa
serving the structure to be occupiedfaction of the Town Engineering Depation has been posted.
ve as such certi f ication .\"LA ^-l lc STmSite improvements. I^Jhere mor
5r*t163 - t+ ce| A?{n one (l) principal structurefor fulI or partial occupancy
, access, drainage and utilities
been cornpleted to the satis-t or a bond for their comple-
e tharmit
rk ing
have
rtmen
1420. Special Permits.
L42L. Special permit granting authority. Unless specifically designatedotherwise, the Board of Appeals shal.l act as the special- permit grantingauthority. Applicatj-ons to the Board of Appeals for Special Permitsha1l be filed with the Town Clerk. Appl j.cations to other SpecialPermit Granting Authorities shaIl be made dj-rectly to those authorities.
Yarmouth, T.zon.ing 4
)-422. Criteria. Special permits shalI not be granted unless theapplicant demonstrates that no undue nuisance, hazard or congestj.onwill be created and that there wi.1l be no substantial harm to theestablished or future character of the neighborhood or town.
L423. PubIic hearing. Special permits shaI1 only be issued followingpubl j,c hearings held within sixty-five (55) days after filing withthe special permit granting authority an applicatj,on, a copy of whichshaLl forthwith be given to the Town Clerk by the applicant.
I424. Conditions. Special permits may be granted with such reasonableconditions, regulations or limitations as the special permit grantingauthority may deem necessary to serve the purposes of this bylaw.
L425. Expj,ration. Special permits shall lapse if a substantial usethereof or construction has not begun, except for good cause, withint!,/enty-four (24) months of special permit approval (exclusive of timerequired to pursue or await the determination of an appeal referredto in G.L. c.40A, S17f as amended, from the grant thereof) .
1430. Site PIan Review.
1431. Objectives. Thesite plan, pursuant toobjectives:
designsection of pro j ectsI430, shal I requiring submission of a
comply with the following
a) Internal circulation and egress are such that traffic safety isprotected and access via minor streets servicing single-fanily
homes is minimized.b) Reasonable use is made of building location, grading and vegetatj-onto reduce visibility of parking areas from public ways.c) Adequate access to each structure for fire and service equipmentis provided.d) utilities and drainage serving the site provide functj-onal- serviceto each structure and paved area j,n the same manner as requiredfor tots within a subdivision, and fire protection provisions
meeting Fire Department regulations are provided'
e) Major topographic changes or removal of existing trees are avoided.f) In or abutting residential districts, effective use is made of
topography, landscaping and building placement to maintain, tothe degree feasible, the character of the neighborhood.
t432. Appticability. Applications for building permits for new
construction or addition for the following activj-ties, if involving
one thousand (1000) square feet or more of new ground coverage by
structures or paving, shal1 be subject to site plan review:
oa) Cluster and Plann@d Residential Development
b) Mobile Home Parks
c) Irtotels and Guesthouses.d) A11 other nonresidential uses requiring five (5) or more parklng
spaces '
In additj.on, the building inspector may reguire a site plan review
if he deems it necessary in order to determine zoning compliance.
Yarmouth, T
1433. Procedure. Applicants for buildingr permits subject to siteplan review shall submit copies of a site plan as outlined below. Thebuilding inspector shall forward copies of the plan(s) to the siteplan review team. The site plan review team shall consist of thebuilding inspector, the town engineer/town surveyorf and the healthagent or their nominees from their respective departrnents, and mayinclude the fire chief and/or the town planner. No building permit
subject to this section shal] be issued vrithout review by the site plan
review team unless twenty-five (25) days lapse from the date of
subrnission without review by the tean.
Zon ing 5
Plans submi-tted under this section shaIl show the location and dimen-
sions of the lot, the exact location and size of any existing or pro-
posed buildings, streets and ways adjacent to the lot, existing and
proposed topography. drj.ves, pait<i"g, Iandscaping, park or recreation
areas, tlre use of structures an<j larrd, screetiiirq, water, satiitary
sewerage and storm drainacre. Such platrs are Eo be pre;rared, except
itr the case of one or two:f irrniiy riwellings, by a reEistere'-l archi Lect
ol engineer if such builclings cJniairr thirty-iive tirousand (35,000)
cr.rl-ric feeL or ILrore oL space, as defineC in 2iii Cr'iit 2.02 (c).
1434. Requireruenls. The siLe plarr review Lealrl shall
pl-an to detenlrine wtreiher or noi- tfre requilelrlelrts of
are satisfied.
l'evi-ew a s ite
the zonina bYlaw
1435. compl j,ance. In the case of land or buildings subject to this
section, no occupancy permj-t for full or partj-al occupancy of the
site shatl be issued untj-I parking, access, drainage and utilities
serving the structure to be occupied have been completed to the satis-
faction of the town engineering department or a bond for their comple-
ticn has been posted. llhere deemed necessary the town engineering
department may require certification and/or as-built plans from a
registered professional engJ-neer, registered Iand surveyor or reqisteredarchitect that the required improvements have been made in accordancewith approved plans.
1510. Other requlations. This bylaw shall not interfere with or annul
any byIaw, rule, regulation or Dermit, provided that, unless specifi-calLy excepted, where this bylaw .is more stringent, it shall control.
1520. Conformance. construction or operations under a building orspecial permit shall conform to any subsequent amendment of this bylawunless the use or construction is commenced within a peri,od of six (6)
months after the issuance of the permit and, in cases involvingconstruction, unless such construction is continued through to completionas continuously and expeditiously as is reasonable.
1530. Nonconformancy. The lawful use of any structure or land existingat the time of enactment of subsequent amendment of this byl-avr may be
continued, although such structure or use does not conform with prov-isions of the bylaw, subject to the following conditions and exceptions!
1531. Abandonment. A nonconforming use which has been abandoned ordiscontinued for a period of two (2) vears or more shal1 not be re-established, and any futule use shall conform with the bylaw.
S175-I500 Applicability.
Yarmouth, T Zoning, - 6
!512. Change, extension or alteration. as provided in G.L. c.40A9.6, .= amended, a nonconforming single or t;o-family dwelling maybe altered or extended, provided thaa the Buitding tispector deter-mines that doing so d.oes not increase the nonconf5rmin-g nature ofsaid structure. Other pre-existing nonconforming structures or usesmay be extended, altered or chanqed in use on sp6cial permit fromthe Board of Appeals if the Board of Appeals tinas trrai such extension,alteration or chanoe wirr not be substantialry more detrimentar tothe neighborhood than the existinq nonconformino use. Once chan_qedto a conform.ing use, no structure or land shall be permitted torevert to a nonconforming use. Eor the purpose of this section, thechange of a seasonal use to a year-round usa shall be deemed anextension of use.
infor
(3)
1533. Restoration. l,tecessary repairs and rebuilding after d.amageby fire, storm or sin:ilar d.isaster are hereby permitied, providedthat they are accornplished without undue deray- and do not substantiarrychange the character or size of the buildinqs, nor the use to whichthey were put prior to such damage.
1534. Nonconforming 1ots. Except as provideC beIow, lots which donot conform to dimensional or area requirements of this bylaw, asamended, and which are held in common ownership with cont-iguous Iotsshall not be indj-viduaIly 5u111 upon unless combined and/oi resub-divided so as to meet the revised. dimensional and area requj-rements.
a) Sing1e lots. An], increase in area, frontacre or other dimensionalrequirements of this zoning bylaw shall not apply to a tot for singlefamily residential use which at the time of recoiding or endorsement,whichever occurs sooner, conformed to then exj.stinq requirements, hadIess than the nevT requirement but at least five thousand (5000) squarefeet of area and fif[y (50) feet of frontage and was not held in
common ownership with any other contiguous 1ot at the time of, orsince, the effective date of the increased requirements.
b) Two (2) or three (3) adjoining J-ots. Any increase in area.frontage or other dimensional requirements of this zoning bylaw shaI1not apply to a lot for single-family residential use, provided theplan for such lot was duly recorded or endorsed and such lot vlasheld in common ownership with contiguous Iots and had less than thedimension aird densit], requirements of the newly effective zoning butcontained at Ieast seven thousand five hundred (7500) square feetand seventy-five (75) feet of frontage, or contained fifteen thousand(I5,000) square feet and fifty (50) feet of frontage if approved undersection 2420 of this bylaw. This exemption shall not apply to morethan three (3) such adjoininc, Iots held in common ownership.
c) Subdivision and Approval Not Required P1ans. Subdivisions and
Approval Not Required plans which meet the requirement set forth
MGL Chapter 40A sec. 5 are protected frorn certain zoning changesa period of eight (8) years in the case of subdivisions and threeyears in the case of Approval Not Required plans.
1535. Business and Industrial Iots. In a Highway Commercial (General
Business), Business (Lirnited Business) and/or rndustrj-a1 district,
any increase in area or frontage of this zoni-ng bylaw shall not apply
Yarmouth, T
In the case of a motel or hotel use beinguse (as per section 175-1500 Definitionsof Appeals may grant such special permituse conforms to section 175-4200.
Z on ing
converted to multi-familyof thj-s by-Iaw) , the Boardonly if such multi-family
7
to a lot for business or inCustrial use which at the time of record-
ing or endorsement, whichever occurs sooner, conformed to then exist-
in! requirements, had Iess than the new requirement but at least
eiltrt itrousand five hundred (8500) square feet of area and fifty (50)
te6t of frontage and was not held j-n common ownership vrith any other
contiguous lot at the time of, or since, the effective date of the
increised requirements. Conti.guous lots in common ownership shaIl
be combined ind/or resubdivided so as to meet the revised dimensional
and area requirenents.
1536. Transitional provisions. The provisions of the above sub-
sections shalI not prevent a single-family di,relJ-ing or a comrnercialor industrial building where so zoned, from being built upon a lot,or a lot conveyed, for a period of three (3) years frorn the date of
passage of this article, (Apri1 13, l-983) provided such lot(s) werebuildable 1ot(s) at the time of recording and where certain vestedrights may be accrued in a subdivision due to substantial improve-
ments having been made on the qrounal. Eor the purpose of this sub-section, substantial improvements shaII mean the sum of the followinq:
removal of trees, grubbing and rough grading of the roadway.
Those lots in a subdivision whj-ch front on a way which has been
completed in accordance with Planning Board requirements sha1l be
exempt from the restrictions set forth above for a period of eight(8) years from the date of passage of this article.
The provisions of the above subsections shall not prevent a two-family dwelling from being built upon a lot for a period of three(3) years from the date of passage of this article (April 13, 1983)provided such lot(s) conformed with the zoning requirements for
duplexes as i-n effect on January 1, 1983.
1540. Condominium Conversion. Any legally 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 Revieht (section
1430) and a special permit from the Board of .lppeals if the Board of
Appeals 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 kitchenfacilities, etc.) and that the "declaration of condominium document (s) "is \,rritten with proper manaoement authori-ty to insure maintenance andrepair of public health and safety aspects (e.9. water lines, sewagefacilities, etc.) of the property being converted.
A special permit may be j-ssued for an entire subdivision based upon atypical condominium unit and 1ot plot plan, even though said units andIots will vary within said subdivision. Any fees sh.all- be chargr:C
upon a single special permit.
Yarmouth, T
SI75-I600. VaI idity .
The invalidity of any section or provisions ofnot inval-id.ate any other section or provisj,ons
ll on ing
this bylaw sha 1l
hereof.
S175-1700. Amerldment.
This bylaw and its map may be amended in accordance with theprocedures described in MGL c,40A 2.5 as amended, by the submissionto the Board of Selectloen of a proposed amendment by tile Board of
Selectmen, Board oi Appeals, Planning Board, an individual. owninqIand to be affected by said amendment, or by citizens petitionpursuant to I,IGL c.39 s.IO, provided that the applicant, if otherthan a Town board or committee, shall, prior to a public hearingby the Planning Board, pay the cost of notice of the hearing,including mailed notices, and reasonable costs of processing theproposed amendment and holding the public hearingr.
Yarnnul. i, , i Zoni ng - 8
ARTICLE II
0i strict Regulations
E lls-rtoo. Estabrishment of districts.
2IL0. The Town of yarmouth isclasses of districts;hereby divided into the following
Residential (Res. ):Limited Business (LB )General Business (GB)Industrial ( Ind. )wetlands ConservancyFloodplain Zones: V,
R-87, F-40, R-25, RS-25, R-20, R-I5
(wc )A, B,c
277!. Zonj.ng }tap. Residentj-a1, LirrLited Busjress, General Busjness ard Irdustrial
Districts are defirred and bor:rded as shcwn on the nEp filed with tlrc Tosm Clerk
ard entitled 'Zoning I'rap, Tt \^,n of Yarnouth", dated l$tri1, 1983 as IrDSt
recerrtly arcrrJed. Ttris nap ard all- elelanatory matter ttEreon is heretD' rnade part
of this t1t1aw.
2112. Wet l ands Conservancy District
(") The Wetlands Conservancy District shall consist of all water bodies, andall lands in the Town of Yarnputh containing the following soilsl
( I ) Peat.
(2) Coastal beach.
( 3) Huck.
(4) Sanded muck.
G) Freshwater marsh.
(6) Tidal marsh.
(7) Au gres; loany coarse sand, zero-percent to three-percent slopes.
(8) Saugatucki sand, zero-percent to threepercent slopes.
Yarmouth, T
2L1"5, General Business Districts.the rear boundary line shalt be theas of June 24, \97L, not to exceed,(1200) feet in depth.
zon j.ng
(b) For purposes of general reference, detailed soil survey fieldsheets wil] be kept on file with the Town Clerk and with the PlanningBoard. The final determination of the location of boundaries forthe Conservancy District shatl be basecl upon site soit analysis.
21L3. Floodplain Zones. The Floodplain Zones are defined and boundedas shown on the map filed with the Town clerk and entj-tled "FloodHazard Boundary Map H-01-04, Flood Insurance Rate Map 1-01-04, Townof Yarmouth, dated l4ay 2, 1977," and as approved by Yarmouth TownMeeting, April 12, 1977. This map and alt explanatory matter thereonis hereby made part of this bylaw-.
2114. Limited Business Districts. In a Limited Business District,the rear boundary line shall be the existing rear boundary lot lineas of March l-5, L946, not to exceed, however, ole thousand two hundred(1200) feet in depth.
9
2120. Rear boundary lot line. The "rear boundary lot line," forpurposes of district definition, is defined as that boudnary linea lot shown on a plan of land or descrj.bed by deed, recorded with
Barnstable County Registry of Deeds, which is opposite the streetline of Route 28.
In a General Bus.iness District,existing rear boundary lot line
however, one thousand two hundred
ofthe
2130. Lots in two districts. Where a district boundary line dividesa lot in existence at the tj.rne such line is adopted, the regulationsfor the less restricted portion of such Iot shall extend not more thanthirty (30) feet into the more restricted portion, provided that the
lot has frontage on a street in the less restricted district.
Yes
No
BA
Yarmouth, T.Zoning 10
22t0 .Application. No building or structure shall be erected and nopremises sha1l be used, except as set forth in the Use RegulationsSchedule. If a use is not specifically allowed, by right orspecial permit, it shall be considered to be not allowed unless anappeal is taken under section 1323 and it is shown beyond a
reasonable doubt to be of similar nature and at least no morenoxious nor detrimental to the welfare of the neighborhood thana specifically allowed use.
2220 .Intent. It is the intent of this section to promote a choice in
housing types, including that for transients and broaden the
economic base of the town and create emptoyment while at the same
time protecting the public health by preserving air, water and
ground water quality and enhancing the publ,ic welfare throughregulations or banning land uses \.vhich are noisey, dusty, dirty,smelly, 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 may
be 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 shall determine permissibitity; if equally specific the
more restrictive sha1l prevail.
2240.
slrmbol s .
mean the The symbols used in the Use Regulations Schedule shallfollowing:
permittedprohibitedpermitted only underpermit issued by the a special
Board of appeals.
L75-2200 Use Regulations
The various classes and subclasses of uses listed here come,generally, from the Standard Industrial ctassification Manual of
1972 developed by the office of Management and Budget. Vlhile that
nanual may be used from time to time as a guide for clarification,the final application shall be as the " common man" would interpret
these uses in conjunction with the intent below.
I75-2300 Use Regulation Schedule
RES IDENTIALAI Single-family dwe I l ingA2 Two-family dwe I I ingA3 t'lulti-family dwelling (in Cluster/PRDA4 Cluster/planned Res. Deve I opmentA5 Boarding or lodging houseA6 GuesthouseA7 Hotel or motelAB Mobile homeA9 l'lob.i Ie home park
only)
AGRICULTURE, FORESTRY E FISHIN-GBI Agricultural production of cropsB2 Agricultural production of livestock(except on feed lots - then no)Bl Agricultural service agenc ie s84 Porestry, fishing, hunting & trapping
MINING AND !{INERAL EXTRACTIONCl Mining & mineral extraction (including
sand E gravel Pits )
CONSTRUCTIONDI General building contractors yardD2 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 epparel and other textile products
E5 Lumber and wood Products(rexcept \^rood preservinq BA
plywood & Particle board BA)
E6 Furniture I fixtures
RS-25 LB GR Ind.WCRes.
q,
hao
'-l
A
yes
yes
BA-14
BA
yes
BA
BA
no
no
7yes
yes
yes
no
no
no
no
no
no
no
no
no
yes
yes
yes
BA-14
BA
yes
yesyes'
no
BA
yes
BA
BA -14
BA
BA
BA
yes
BA
BA
no
no
no
no
BA
BA
no
no
no
no
no
no
no
no
no
no
no
no
B
7
7yesT
yes
7ye67
yes
7yesT
yes
2yes
yes
yes
yes
'1
7
C
no
yes
BA
l0 yes
yes
no
no
no
no 9r
no
yes
no
no
4, r3 BA
yes
I
yes
BA
yes
yes
yes
yes
BA BA
D 9
9
9
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
E 3
no
no
no
3no
no
no
no
no
no3
3
3
3
no
yes
yes
no
r9 no
no
no
no
no
no
no
no
no
no
r9 no
no
9 No
I
\a
Fl-
((
no ND no no yes 9
7l'€ S,yes'
(
E MANUFACTURING (contrd. )E7 Paper & allj.ed products (*except BA nofor manufacture of products from
purchased. paper & aI1ied material) .E8 Printing and publishing no(*except BA for printing)'E9 Chemj.cals and allied products noEIo Petroleum & coal products noEI1 Leather & Ieather products no(*except no for tanning & finishing)EL2 Stone, clay and glass products no813 Primary metal industries no814 Fabricated metal products (*except no nofor coating, engraving & al1ied services)EI5 Machinery except electri.cal noEI6 Electrical and electronic equiprnent noE17 Transportation equipment noEI8 Misc. manufacturing industries no
TRANSPORTATION AND PUBLIC UTILITIESFI Railroad transportation terminalF2 Local and commuter passenger transport.terminal (inc1. bus, cab, rail &other transp . )f3 Trucking and warehousingF4 water transportationF5 Aviation fieldF6 Transportation servicesF7 Cornmunications fac iI itie sF8 Public util ity
RS-25 LB GB rnd.WC
no
no
no
3no
yes
no
no
no
no
9yes
no
*9
no
no
no
yes
no
no9,r3
4
4
4
,(9
A,f,l
=o
rt
€
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
oyes'
'o*qBA'
3
3
3
3
3
3
3
3
no
yes
yes
yes
no
no
no
no
no
no
no
no
no
no
no
no
BA
BA
BA
BA
no
no
no
BA
oye s'
BA
9
9
9
no
no
no
no
F
no
no
BA
no
BA
no
no
nono.
yes4
ves.yes
no
BAto2
yes
BA
BA
9yes
BAno^oyes
BA
BA
no
no
no
no
no
no
G WHOLESALE TRADEGl Wholesale of(*except
*9durable or non-durable goods no
No for petroleum products
No for chemical & allied products
No for junk yard s )
yes no
RETAIT TRADEHl- Building materials & garden suppliesH2 General merchandize storesH3 Food stores
yes
yes
yes
2
2
2 BA
BA
8
8
9
9
9
No
P.5
NJ
H
no
no
no
no
no
no
no
no
no
((
no
no
no
no
no
(
Res.RS-25 LB GB Ind,14C
H RETAIL TRADE (cont rd. )H4 Sale of autos, boats, motorcycles,
mopeds or other motorized recreationalvehicles (includes service asaccessory to sa les )H5 SaIe of trucks, mobile homes or otherheavy motorized equj.pment ( includesservice as accessory to sales )H5 Motor vehicle service and repairincluding service stationH7 SeIf service fuel stationHB Apparel and accessoriesH9 Furniture and home furnishingsH10 Eating & drinking establishmentsHlI Miscellaneous retail stores(iexcept BA for fuel oil dealers;no junk yards in any district)
TINANCE, INSURANCE AND REAL ESTATEII Banking and credit agency office12 Security & corunodity brokers & services13 Insurance carriers, agents & brokersoffice74 ReaI estate managers, agents & service
of f iceI5 Hol.ding and other investment off j,ce
g,
Hao
rt
F]
no
no
no
no
no
no
no
no
no
no
no
ves
yes
yes
yes
yes
2yes
no
yes
yes
yes
8r9
no
no
BA yes aa8'9 no
8rgBA
BA BA
no
no
no
no
no
no
no
no
no
no
BA,
Yes,yesyes,
yes
yes
yes
yes
yes
yes
2
2
2
no
no
no
no
no
aBA"
yes
ye3
BA,
ffi
BA
BA
BA
BA
9
*8r9
9
9
8I
2
I
no
no
no
2
2
no
no
no
2yes
2yes
BA no
no
J PERSONAL SERVICESJl Laundry, dry cleaning & garment
J2 Photographic studiosJ3 Beauty and barber shopsJ4 Funeral homeJ5 Shoe repair shoPJ6 Miscellaneo[s personal services
no
no
no
no
no
no
4.t3Yt"a. trYesa. trY""t iyes4
yes4
ye
ye
ye
ye
ye
no
noioo
BA,
yes
BA
no
no
no
no
no
no
servrces no
no
no
no
no
no
no
no
no
no
no
no
)
2
2
2
2
z
2
2
2
yes
s2
S
'2
"2S
K 4
4
4
8I
8
BUSINESS SERVICESKI Advertising agenciesK2 Consumer credit reporting agenciesK3 Mailing, repooduction, commercial art
and stenographic services
K4 Building cleaning & maj.ntenance services
K5 Extermination services
K6 News syndicatesK7 Personnel supply services
yes
yes
yes
BA8
no
yes
yes
yes
4,13
13, 4
4
4
4
yes
yes
yes
yes
yes
yes
yes
yes
o
no
no
no
no
r"K8'('mputer & data proce s s ing
no
no
no
no
no
yes
yes
yes
yes
yes
II
8r9
no
no
no
yes
yes
yes
no
no
no
no
no
no
no
no
(
N
P.3a
I
((
Res. RS-25 LB GB lno.WC
L
BUSINESS SERVICES (cont'd. )K9 Detective agencies & guardKI0 t'lotion picture production,
& services
SETVICESdistribution no
no
no
no
yes
yes 4
4yes
4YES,yes
8
8,9 no
no
4 2
2
j.<
9,Ba6
at
Fa
MOTOR VEHICLE SERVICESLl Auto, bus, truck & trailer rentalL2 Commercial parking lotsL3 Mechanical repair shopL4 Auto body & paint shopL5 Other auto servicesL6 Junk yard or similar
MISCELLANEOUS REPAIR SERVICESMI Electrical repair ( includingrefrigeration & air conditioning )l{12 Watch, clock & jewelry repairl,l3 Reupholstery & furniture repair(texcept no for paint stripping)M4 !.lisc. repair shops & related services
A.I.,IUSEMENT & RECREATION SERVICESN1 Movie & drive-in theatersN2 Dance halls, studios & schoolsN3 Theatrical productions, incl. bands,orchestras & entertainersN4 Bowling al1eys & billiard establishmentsN5 Professional sports establ ishments,N6 Public 9o1f courseN7 Coin-op amusement arcadeN8 Pri.vate sports & recreation club'N9 Municipal recreation useN10 temporary (not to exceed 9 days)
outdoor recreationNl1 other miscellaneous amusement andrecreation service s
no
no
no
no
no
no
BA
yes
BA
BA
BA
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
""",lsli
no- ^aro'l
yes
yes
yes
yes
yes
no
yes
2VCS^
yes
2yes
L3
8,9 no
no
no
no
no
no
no
no
no
no
no
8
9
9
9
9
yes
yes
yes
yes
yes
yes
BA
BA
BA
no
yes
yes
o
9
M
no
no
no
no
8.Yes'tA no
no
no
no
no
no
BA
no
no
BA
no
,9
yes 4,13
13BA BA
BA 8r9
N
no
no
no
BA
BA
BA
BA
BA
BA
BA
BA
BA
1
no
no
no
no
no
no
BA
BA
yes
BA
BA
yes
no
BA
BA
BA
BA
BA
BA
no
BA
BA
BA
BA
BA
BA
BA
no
no
no
no
no
yes
no
No
'A
I
BA
BA
BA
BA
BA
BA
t2oPROFESSIONAL SERVICESOI Doctors & dentists offices02 Legal office03 Engineering & architecturaL office04 Accounting, auditing & bookkeeping05 Management, consultj.ng & public
relati.ons office
no
to1 2trot rn"ii
to12
no
yes
yes
yes
yes
yesoffice
2yes2
ves^
ves^
yes 2yes
(
K
!,H
in
€
asye
BA
BA
o
P
Res.RS-25 LB GB Ind.WCPROFESSIONAL SERVICES (cont 'd. )06 Research & development office07 Veterinary office (including kennel)08 Other professional office
INSTITUTIONAL SERVICESPI Educational institutionsP2 Religious institutionsP3 CemetaryP4 Hospital-P5 l.lursing & personal care facilityP6 Non-profit social service facilityP7 Day care fac iI i tyPB Non-profit private club, civic or
f raternal organizationP9 Pluseum, art gaIIery, botanical orzoologicaL gardenPl0 l,lun ic ipal use
ACCESSORY USES
0I Temproary construction trai IerQ2 Parking fcr nlore than two carsQ3 Other accessory uses if customarilyincidental to any of the abovepermitted uses and not detrimentalto the ne ighborhood .Q4 Parking or storing of vehicles ortrucks with 12 wheels or more orvehicles capable of haulj-ng a unitof 12 wheels or over except forthe purpose of constructing a homeor structure or making a deliveryor pick pp.Q5 Neighborhood convenience store in pRD
no
no
no t2
no
no
no
yes
yes
BA
BA
yes
no
no
no)L2
IIyes
yes
BA
BA
no
BA
no
BA
yes
BA
'I vv
no
BA
yes
yes
no
no
no
no
no
no
yes
BA
yes
no
no
yes
yes
no
no
no
no
yes
yes
yes
yes
yes
yes
yes
BA
BA
BA
BA
yes
BA
yes
yes
yes
yes
yes
BA
BA
BA
BA
yes
BA
no
no
no
no
no
no
no
no
6
6
BA no no
tsA BA yes
BA BA
yes yes 9
no
no
no
no
yes
no
no
o
5 5
yes
yes
fes
BA BA
yes yes
no
NOTES:I
2
3
Except "yes" if not for profit and in existence in the town prior to January l, L964.
OnJ-y when the bulk of display and sales are conducted within a building.
Except ttyssrr 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 involvj.ng manufacture on the premises except of products, the major portion of which are
to be sold at retail by the manufacturer to the consumer. and provided further that notnot more than four (4) employees are directly involved in manufacture.
!to
ts.
Ro
ts
ts
4
(((
(
NOTES (contrd. )A)H
odftJ
5
6
7
8
9
Shal1 not include garage space for or stroage of more than two (2) automobiles unlessauthorized by the Board of Appeals.Except "yes" for uses exempt from prohibition by c.L. c.40 53, as amended.Except that retailing shal1 require a Special Permit. FlProvided that aII but minor \^rork and storage shaLl be conducted within a building sufficiently'sound-insulated to confine disturbing noise to the premises.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 hunting.For non-profit use only, including Free Public Library.Allowed BA as an accessory use in a dwelling provj-ded that it is the principal residence ofthe person utilizing the office space.Except BA in the Business District on Station Ave. north of Old Town House Road and south of
Route 5.Except that multi-family dwe]-1ings are not allowed north of Route 6 (Mid-Cape Highway).
101It2
13
l-4
No
P.
a
r
((
YarrDuth, T.Zoni ng -l I
E llS-2,*Oo. Intensity of use regulations.
2410. Building. All building in any district shall meet the minimum
requirements set forth in the fol lowing Intensity of Use Scheflule unless
otherwise expressly provided by this bylaw or by G.L. c.40A, E 6, as arnended.
2420. Minimum frontage reduction.
2421 , Residential Districts. The minimum reguired frontage maybe reduce<l to fifty (50) feet in a resjdential district if thelot is capable of containins a square each side of which is egualto the minimum frontaoe normally reguired in that district. Thewidth of any ]ot, betueen the street line and the proposed buildingsetback line, shall be no less than twenty (20) feet.
No point a)ong any siale of the above requis j tre square shall exceeda dj,stance from the Street greater than the followinq:
District Maximum Distarrce fron streetR-87
R-40
R-25
RS-25
R-20
R-15
750
500
400
400
375
325
feet
f eetfeetfeetfeet
feet
24J9. Front yard. No building need be set back ncre 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
ecupied by a bui lding set back nore 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
shal'l exceed neither thirty-five (l!) feet nor two and one-half (2!) stories;
provided, however, that motels shall not exceed thirty-five (35) feet or two(2) stories. The height of any building shall be measured from the highest
point ofay roof or parapet to the average finished grade on the street side
of the structure, provided that at no point shall the height of the exterior
face of a building in relation to finished grade exceed the permitted height
by nore than ten (10) feet. Height limitations shall not apply to chimneys,
spires, cupolas, television antennas and other Parts of buildings not intended
for human occupancy.
Yarmouth, T
S175-2500 TabIe of Dir:ensj.onal Requirements (A)
Zoning 16
Dimensional
equ i rement
liinimun
Lot Sizein sq. ft.(8, C)
Minimum
Frontagein feet(r,G)
ltinimum Yard in Ft.
(D,E)
S ide
l'.a x i mumBuildingCoverage t
200 25
150
150 25
?5
25
50
50Ind.40,0c0 ro0 30(x))C
Note s :(A) See section 4200 for dimensional requirements in a cluster of
multi-family development.(B) Motels/hotels, where allowed, sha1l have a minimum lot area of
25,000 sq. ft. and shall be constructed at a density of not more
than one (1) unit per one thousand (1000) square feet of Iot area
and shal-l conform to the minimum lot size in the table above.(C) Two-family dwellings, where allowed, require twice (2 times) the
norma] minimum lot size of the district.(D) The following are specifically excluded from these regulations:I. fences, walls, poJ-es, posts, paving and other custo$aryyard accessories, ornaments and furniture, and ranps,landings and similar structures needed for handicapPed access.2. cornices, window sil1s, belt courses and other ornamental
features may project not more than eighteen (18) inches;
bay/bow windows, greenhouse windows and eaves may project
not more than twenty-four (24) inches, and chimneys may
, project not rnore than thirty-two (32) i-nches into anyrequired yard -(E) Side and rear yard setbacks for accessory buildings less than
one-hundred- f i fty (150) square feet and sinqle story; shallbe six (6) feet in all districts, but in no case built closerLhan twelve (12) feet to any other building.(F) Corner lots shall have a minrmum of one hundred (I00) feet o::
each street.(c) see secticn 242O c-or reductlors--rd-frtnimum frontaqe.(l!) Lot width shal l a].- least meet the min j.mum f rontsage :cr a Je:'-nof one hundred (100) feet.(I) N-o building need be set back more than thirty percent (301) ofthe depth of the lot nor more than the average of the setbacksof the buildings on the lots next thereto on either side.
A vacant lot or a lot occupied by a building set back more thanthe reguired front 1,ard setback shaII be counted as though
occupied by .a building at the setback 1ine.(J) Except for lots adjoining and southerly of Route 6 along StationAve., seventy-five (75) feet.(K) Except where the district abuts OId Town House Road, seventy(70) feet i or except where an Industrial Di-strict adjoins a
L
RearDistrict
a1 ,l2oR-87 75R-40 40,000 2025.000 30 2025, 000RS-25 I50 30 20
P.-20 20, 000 30 20I5,000R_ I5 r25 20
LB 100
15l5
2010,000 (M)
l. 2, 500 (v)12s(H)
30
2o(J)
30 25
10(K)30
zon i ng Front(r)
30 50
30 20
R-25 l5
125
15
-IiGB 20
Yarmouth, T.Zoning - 17
Residential District, no business or industrial buj.lding sha1lbd within fifty (50) feet of the district boundary.Except reduce to twenty-five percent (25?) in the case of adweIling.
Except the minimum lot size for single-family dwelIings shal1be fifteen thousand (15,000) square feet.
(L)
(M)
Yaroouth, T Zonlng -I8
ARTICLE III
General Regulat lons
S 175-3100. Parklng and loading requlrerqenrs.
3110. Intent and application of parking requirerents.
3112. Buildings, structures and land uses in existence on the effectlve
daEe of these provislons are not subject to these off-streeE parking
requireoents and may be rebuilt, altered or repal.red, buE not enlarged or
changed tn use, lrithout becoming subJect to these requlrerDents.
3113. Io applying for building or occupancy perolts, Ehe applicant Eust
deEonstraEe that the oi.niuuo parking requireeents set forth below rrill
be tnet for the new demand, uithou! couuting existing parklng necessary
for exlstlag uses to meet these require[eots.
3114. The minlnr:ms of Sectlon 3120 may be reduced oD specr-a1 pernlt
from the Board of Appeals, upon the Boardrs deteroinatlon that special
circunstances render a lesser provLsion adequate for all parking needs.
Examples of special clrcu.Escances include:
(a) Use of a cournon parklng loE for dLfferent uses havlng peak delands
oecurring at different tl-Ees.
(b) Age or other characcerLstLcs of occupants which reduce thelr auto
usa8e.
(c) PeculiarlEles of use whLch render usual Deasurerents of denaod
luvaU.il.
3L20. Schedule of Off-SEreet ?arklng RequLreoents.
RESIDENTHL
Drelliog unlt havlng 3 or
more bedroous
2 spaces
DrrellLog unlt havlng fewer
than 3 lrehroorus
I space
3111. It ls the LnEent of this section thaE adequate off-street parking
must be provided withln a reasonable distance to service all parking
d eeand created by new construcElon, whether through new strucEures or
thrgugh addl.tions t.o exlstlog ones or through change of use creaEing
higher parking deoand.
Yaroouth, T
Guesthouse, lodging house,
other Broup accoEoodation
Eotel or Eotel guest unlts
Nurslng homes or hospitals
NONRESIDENTIAL
IEdustry, including ware-
houses or other struc Euresfor storage, dlstributlon
or sholesale Earketing
Reta11 business,/consuuer
servl.ce
0ffice, professLonal,
ailELnlstratlve, banks
Places of public assembly,
lncludlng school and church
auditorluns, llbrarles, mu-
serns, clubs, tbeaters, uo-
dertaklng eslabllshmente'
bus depots aod recreatloa
facLlltles not 11sEed else-
nhere ln thls table
Zoning -19
I space/". person accomlto-
daEed
1 space/guest unLt, plug
1 space/IO guest unLts or
f ract{.on thereof
1 space/3 beds
1 space/1.3 eoployees on
the largest shift, but
eapable of expansion tonot less than 1 space/300
sq. ft. of gross floor area
1 space/200 sq. ft. gross
leasable floor area, plus
1 space,/separate enterprise
1 space/200 sq, ft. gross
grouno floor area, plus
1 space/400 sq. ft. grossfloor area on all otherfloors exelusLve of storage
sPace
I spaceT3 seats or, for es-
tabllshEerrEs shere sone orall custoEers are noC
served food at thelr seats,
10 spaces for each food
servLce statlon or person
dlspenslng food, whichever
16 greate!
1 space/3 occupants as
deEermiued by Table 6-1,
Massachusetts state Bullil-lng Code
Restaurants or establlsh-
EeoEs licensed as a comon
vlctualer or businesses
purveyLng food ready to be
consuoed oE or off prenlses
Yartrouth, T.
Bouling alley
Tennis courts (except that
there shal1 be no requl.re-
trent r.rhan a slngle court ls
located as an accessory toa single-faroLly dwel1lng on
the same tot)
arina
LauDdroDats
Gas/servlce stations
zonlng -20'
4 spaces/alley
3 spaces/court
I space/boat capacLty
I spacel? Eachines
3 spaces/service bay, but
not less EhaD one space/100
sq. ft. of gross floor area
All other uses Parklng spaces adequate to
accomodaEe under all noroal
condLtions Ehe vehlcles of
occupaDts, employees, mem-
bers, custoEers, clLents and
vLsLtors to the preEises, as
determined by th! Bullding
Inspector on advlse of the
Planning Board
3130. ?arking area deslgn and locatlon.
3131. Off-street parking spaces, each not less thaa ten by tweoty
(10 x 20) feet per vehlcle, excludi.ng the Portion of the driveway to
each such space, shall be provlded on the saee lot. Eowever, drLvevay
area outslde of a street right-of-way Eay be counted for off-street
parkiug wheo serving a slngle-fanl1y dwelling. In the Highway Comer-
clal and IndustrLal Districts, parklng spaces E:ry be located on another
lot withln a radlus of two hundred (200) feet and in the sa.me zonlng
dlstrlct.
3132. All requlred parkLng areas except those serving slngle-fanlly
residences sha11 be paved, unless exeDpted oo speclal perElt froE the
Soard of Appeals for cases such as seasonal or perlodlc use where a
proposed alteraatlve surface rrLl1 prevent dust, erosi.ou or unstghtly
condLtlous. DraLnage facLlltles for each parklng area shall be design-
ed and constructed to conEal.n storEwater runoff on the preEises.
Yaroouth, T Zoning -21
3133. Parking areas for flve (5) or more cars sha11 be designed r.rith
enough Eanauvering space so thaE vehicles need noE back onto a public
way, the areas deslgnaEed in Subsection 3136 and other parking spaces.
3134. Center lines of driveways serving tr,renty (20) or rnore parklnB
spaces, if egressiog onto a state-nuobered or state-riaintained hlghlray
or onto a street i.mproved under the Chapter 90 prograo, shall observe
nlni-uum separatlons as follows, unless precluded by 1ot configurationln existence on the dale of adoptlon of this bylaw:
(a) EroE other such drlveways:
(1) Same side of road: five hundred (500) feet.
or two hundred fifty (250)(2) 0pposlEe side of road: zero (0)
feet.
(b) fron intersecting stree! slde line:two hundred
feet.
fif ty (2s0)
No exlsting parcel sha1l be subdivided into lots wirh frontage which
would preclude meeting these requireErents unless access rights-of-vay
are provided across adjolning lots. Driverrays subjecE to this section
shal1 have four hundred (400) feet visibllity in each travel direcrion
and shall each conpri.se not more than two (2) travel lanes, each not
Eore than twelve (12) feet in width at the 1ot Line.
3135. Parking areas for five (5) or more cars shall be separaEed fron
any street line by an area twenty (20) feet wide and fron any other
properEy line by an area ten (10) feet wide, free of any pavlng exceptfor entrance and exLt driveuays and malntained r'rith vegetation or other
organLc Eaterial.
3136. Parking IoEs for five (5) or Dore cars shall be screened from
any abutting resldential use or district which is abuEted or separaEedfroo lt by only a sEreet. ScreenLng shall be by a four-foot-ulde
plantlng strip rDaintained rrith densely planted shrubs not less than
five (5) feet lu height, or by gradlng. Fences or walls Eay be a partof such screening where deemed necessary, but shall not be suitable as
a substitute therefor or themselves be left unscreened from abutting
areas.
3L37. Parking lots for twenty (20) or more cars shall contaln at least
one (1) tree of two-inch caliper or larger per eight (8) cars, to be
located r^rithin the parking area in soil plots allowlng not less than
forty (40) square feet of unpaved soil area per tree' or to be located
uithin five (5) feet of the parking 1ot.
Yaraouth, T Zoni.ag -22
3138. No parklng !.ot shall be lllumlnated in such a way that it causesgLare for notorists, pedesEri.ans or neighboring preurises.
3L40. Loading requiretrents.
3141. Loading zone criterla. Adequate off-street loadlng facilities
and space nust be provided to service all regular needs creaEed by new
consEruction, whether through ner, structures or additions to old ones,
and by change of use of existing structures. Facllities shall be so
sized and arranged thaE no vehicles need regularly back onEo a publlc
way or be parked ou a public r.ray while loading, unloading or valting
to do so.
3]-lt2. AppllcaEion requireaencs. Prior to issuance of a peroit for con-
struccion of a neH structure, addltlon to or alteration of an existing
structure, or change of use, the Buildlng InsPector Day requlre tha!
the applicant submit lnformatlon concernlng the adequacy of existing
or proposed loadlng facilities on the Parcel. Such infornation may
include a plan of the loading area showing its size and lts relalionship
to bulldings, parking areas and public ways, docunentation of the tyPes
of goods and/or persons being loaded and unloaded fron vehicles' the
expected types of vehicles Eo be serviced at Ehe loading area, and the
expected noroal hours of operation. The Building InsPector-shall use
lnforEation to deterEine whether or not the criteria of Subsection 3141
above are roet. In making such deterulnation the Building Inspector
shall seek the advlce of Ehe Planning Board and the Town Engineering
Departtrent.
$ 175-3200. Fil1ing.
No p6rson shall fill any area in the Town of Yarnouth uith earth, concreEe
or other oaterlal to a depth in excess of five (5) feet without a pertrit frotr
the Building Inspector. Sald Inspector Day require an applicant for such
peralt to furnlsh such plans or specifications as he may deero necessary and
any perolt issued hereunder may contaLn such provisions, condltlons or lirciEa-
tions as he oay deem necessary to prevent dust, eroslon, silting or ocher
instabllily, and stonwrater diversl-on onto adjoining Properties.
YarrDuth, T.Zorling -'?3.
S 175-3300. Sigrns.
Deflnltlon: Slgn shali mcan any device deslgned to infono or attract
attentlon of persons not on the prernlses on r^rh I ch the device ls locatedor pronoting.
ARTICLE I. - Size
In busln ess ,h i chu,ay comrnerclal and industrial zones, exclusive of business
zoned districts sh own as sectlons 2'i, and 23 on the zoning map dated Decernber
26, 1972; one free standing sign per establishnent having a maximum area of
l8 square feet r,rith a maximurn uldth or height of 8 f-et is al.loured. On
doubled faced signs, only one side ls to be counted. A11 advertlsing, or
lettering shall be contained uithin the borders of said 18 square foot slgn.
Unlettered sculptures shall be allowed in business, highuay commercial and
industrial zones as long as they are located a rninimum of 15 feet back froo
t}e front property line, shall not exceed a maximum of 15 feet. Sculpturesshall not be interior lit and shall have no lettering other than the
sculpturers signature. Sculptures nay be illuminated at niSht Lrith spot-
lights, subject to approval of the Bullding Inspector. AlL sculptures shall
be rnaintained ln a safe and neat condition to the satisfaction of the Office
of the Building Inspector.
Sec. A - No part of any sign shall be closer to the 1oE line than six feet.
Sec. B - No sign s}all be erected that shall in any r.ray create a traffic
hazard, nor shaLl it ln any r.ray obscure or confuse traffic control.
Sec. C - No part of any slgn shal1 be more than fifteen (15) feet in height
above ground leveI.
ARTICLE III - Attached Signs
(he slngle face slgn per establlshEent, attached to only one uall of one
butlding ls alloued; sald sign LB to be no hiSher than trro feet and lrave a
length of not nore thatr one-thlrd) 1/3 of the runnlng footage of .the uidth
of the face of the butlding to l,hlch the slgn is to be affixed,.but in no
instance is the square footage of said sign to exceed sixty (60) square feet;
and said sign shalI not extend more than one (1) foot from the front of thebutlding nor extend alove or beyond the roof llne of sald bullding.
ARTICLE IV - Business Center Slgns
Sec. A - A Buslness C€nter, defl.ned as a grouping of businesses in one conrnon
plaza or shopplng center, uray have only one (1) free standlng sign, not
exceeillng eiglrteen (18) square feet in area, witli the ailvertising area
dtvtiled anong the buslness enterprlses or identifying the Busln€ss Center narDe
or both.
Sec. B - One slgn for each business attached to only ond urall of the buildinBls alloued; said slgns are to be no higher than tlro feet and have a length
deteroined by the percentage of each buslness' frontage, wlth the aggregate
length of sald signs to be no oore than l/3 of the running footage of the
ARTICLE II - Locatlon
Yiarma:th, -t. zonjng _ 23A.
uldth of the face of the building (s) to uhlch they are afflxeil; but ln no
lnstance Is any slgn to cxceed stxty (60) square feet; an
not extcndl above or beyond the roof llne of sald bullding
shall not project more than one foot f rora the face of the
d sa
(=)
bul
ld slgns shat I
I sald signs
ldtng (s).
Sec.
asl
shal
Sec.C - If a buslness In a Business Center has a rear or side public
entrance, a secondary ettached slgn, no larger than (4) four square feet
shall be alloued at sald entraDce..
ARTICLE V - Illumlnat loa
Ilhuoinated slgns shall not have any glare dlstractlng to d:'Lwers nor shall
there by any exposed neon or gas-tube-filIed slgns in-colors that vlll coa-
flict ulth the abll.lty to readily see trafflc liShts or cause any lrazardlous
condltions, nor shall there by any moving or anlnated parts, or flashlng
lights or beacons, nor flourescent palnt useil on signs.
AXTI CLE VI - Content6
Sec- A - Supportirg posts, ptllars and arurs shall not exceed lO' by IO"
rlith no advertlslng allouable oo said posts, pillars or anrs.
B - No slgn shall contaLn any movLng parts, except such portlons of
gn as conslst solely of lnilicators or t r.rDe and/or t€EPerature shtch .-1 be regardeil as a publlc servlce. u
Sec.C - Only signs pertaining to identlficatlon, proiluctsr accorrDodlat lons.
services, or actlvities on the premlses slrall be alloued.
Sec. D - National Atlvertlslng f,nbf erns: Ttrere Shall be no roore than ttro
(2) such enblens of not urore than sLx huntlreil (6O0) square inc}es per
eriblea. Sald embleryrs nay be attadreil either to the buildtng or. contalneil
ulthLn the 18 square feet of the frec staniling slgn.
Sec.E - Sigrrs oa uays erected as publlc conveniencc vill be l.inlteil to
so-calleil couorml.ty dlsplays and shall requlre a perult to be lssueil by
.t!e Building trnspector :ln accordance vlth G-L-Chapter 85, Sec. 8.- ftresc
ulll be llolteil to a uuximuo stze of 5l :r 4O" and include only the'busl.nese
ldentlflcatlon. Letterlng to be tlack on a uhLte backgroundl.
See-f - ?ennant6, streamers, atlvertlslng flags, spinners or simllar devlces
are prohlblteil. No odre than three (3) goiernoental flags on any one
premlse is allouetl without |eroisslon fron t5e Sign Xevleu Board.
Sec. G - Unlettereil sculptures shall be aLloued ln buslness, hlg}uay coe- -merclal anil intlustrral zones -as long as they are located a urinrmun of 15feet bact f:oo tlre fiont property llne, shall not exceed a maxlmum of 15feetrand shall be properly cerDented ln place. Sculptures slall not belnterlor llt anil shall havq no retterlng other thao the sculptorrs signaturc.sculptures rnay be lllunlnated at nrght t tth spotlights; subJict to approlelof the Bulldlnt rnspector- Au sculptures shall be :naintal-nett Ln a safeanal neat condltlon to the satisfactlon of the office of the Bu!lding rns-pector.
-2-
YanrDuttr, T.
ARTI CLE VII - Halntenance Zorrjng - 24.
All slgns, p}ether erected prlor to the effectlve date of this section or
Dot, shell be rnalntained ln a safe and neat conditlon to the satisfaction
of the Offlce of the Bulldlng Inspector.
ARTI CLE VIII - Off Premlse Slgos
ltere s}al1 be no off premlse slgns, ulth the exceptlon of the community
signs as outflned in Artlcle VI, Sec. E,
IRII CLE IX - In resldential zonlng districts and business zoned dlstrictsslour as sectlons 2L and 23 on the zonlng Dap dated D6cember 26. L972.
Sec.A - No sigo shall be of the neon type or gas -il luninat ed-tube type, or
4o sign slell have flourescent type palnt.
Sec.C - A pernanent sign denoting a profession rdll be allor.red in a resi-dentlal zoning area giving nanre andl occupation of residlent. The size shall
Dot exceed tuo (2) sguare feet in area. Only one slde viII be counted. No
fee ot pernit ulll be required.
Sec. D - A r€a1 estate developoent shall be pernitted the aaDe sign slzes
as allorred in a business distrlct as long as active bullding and sellingare takinB place. Such slgns shall be removeil r.rlthin thirty (30) daysafter such actLvitles cease.
Sec.E - Businesses allo.red in e resldential zonlng distrlct as a pre-
exlstl.ng non-conformlng use, or by Boartl .of Appeals specla1 pernlt or
varlance, shall be allouetl one free standing slgn having a uaxiouo area of
BixteeD (15) square feet rrlth e ulaximum lrldth or helght of six (6) feet,uless the Board of Appeals establl.shea otber requlreDents. On double
feced sli'ns, only one slile Ls to be counteA. All adlvertising or letterings}bll be contel.nedl wlthln the bordere of sald slxteen sguare foot slgn. 'drne
single face E r.gn attacheil to ooly one rrell of the bulldLng, as aet forth li
lrtlcle III, ulIl be alloueat.
ARTICLE X - Perolt Process
Sec.A - No business slgn sball be erected or altered ulthout a sigo peroit
lssued by the Buildlng Inspector, for r*rich a S1O.OO fee shall be charged.-All buslness GlSns shall be retlsteretl and ldentLfieil as reguiredl by the ,forla of YarDouth Bulldlng Inspectorrs Offlce.
Scc. B - Any person aggrleved by the refusal of the Inspector to Lssue a
permlt uniler the prowision of this by-Iau oay appeal to the Sign Revleu
Board. lte Slgn Revlerr Board shall hold a publlc hiaring thereon and
reniler a ileclslo:r.
-3-
Sec. E - (he (1) slgo shall be allol,ed pertalning to the lease, sal.e or
occupancy of a lot or buLldLng on which it is placed. fhe sign shall
not exceed e total area of six (5) square feet.
YarnDuth, T.
ARTI CLE XI - Vlolatlons
Zoning - 24A.
Sec. A - Any devlatlon frorn the foregoing rules constltutes a violatlonof this by-lau.
Sec. B - Any vlolator of any of the provislons of thls by-Iau shall be
flned not more than ftfty ($50-00) for each offense. Each day that suchvlolation continues shall constltute a separate offense.
Sec.C - Ttris by-lau uill be enforced by the Butlding fnspectorrs Dep-
artnent. Violatora shall be given rrritten notlce and after recelpt of
said notice, seven (7) days vill be allowed to correct the vlolatloa.
If not corrected by the 8th da, from notice, a fine rl11 be inposed as
stated in Article XI, Sec. B.
SIGN REVIEW BOARD
Establis}lment:
Ttre Sign Review Board shall consist of five (5) members for three (3)
year teruE and such numler of associate members as the Selectnen shall
deteraine, all of whon sbail be appointed by the Board of Seletnen.
Pouers :
The Sign Revies Board shall have antl exercise aI1 the pouers granted
by G.L. Chap. 40A, as aoended, anil by thls by-law. To hear and declde
appeals or petitlons for variances fron a decisiou of the Dullding Inspec-
tor or denial of the issuance of r sign peirdt. Such varlance shal1 be
Sranted only in cases trhere the Board finds all of the following:
(a) A tlteral enforcement of the provislons of thta by-lav uoulil involve
.e .substantial hardshLp, financisl or otherwise, to the petitioner or.
Gj fte hartlship Ls ourlng to clrtumstances relatlng to the solI condLtlons,
shape or topography of such latl or structures and especlally affectlng
such land or structures, but'not affecting generally the zoning dlstrlct.'-
in whlch lt ls located
(c) Deslrable rellef rnay be Sranted .Ltithout elther:
(1) Substantlal detrlment to the publlc good; or(2) Nulllfying or substantially derogatl.ng froo the lntent or .
purpose of this by-ln.
'Yaruou Eh, T zo^i.ag -25
! 175-3400. Design s tandards.
3410. The deslgn of projects requiring submission of a sltre p1an, pursuantto Section 1430, shall comply with the follorring:
3411. Internal circulation and egress are such thaC traffic saf el.y is
protected and access via minor streeEs serviclng single-farnily hooes is
nlnimlzed.
3412. Reasonable use is made of building location, grading and vegeca-tion to reduce visiblliry of parking areas frotr public ways.
3413. Adequate access to eachis provlded.
structure for fire and service equipment
34Lh. Utllities and drainage servlng the site provide functional
servl.ce to each structure and paved area in the saEe Eanner as requiredfor lots within a subdivision, and fire protection provisions neet.ingFire DepartEent regulations are provided.
3415. Major topographic changes or reEoval of exlsting trees are avoided.
34L6. In or abutting Residentlal Districts, effecEive use
topography, landscaping and building placeloent to maintain,feasible, the character of the nelghborhood.
is made ofto the degree
Yarcouth, T Zoning -25
ARTICLE IV
Speeial Regula Elons
$ 175-4100. Accessory uses.
4110. Camping and recreational equipment.
4111. At no tlEe shall parked or stored canping and recreaEional equip-
Eent be occupied or used for living, sleeping or housekeeplng purposes,
4L12. If canping or recreational equipment is parked or stored outside
of. a garage, it shall be parked or stored to the rear of the front build-ing line of the lot, excepE for loadlng and unloading.
4L20. Accessory scientLfie uses. Uses, whether or not on the saEe parcel as
activities permitEed as a natter of right, accessory to activities perxoitted
as a &atter of right, which activities are necessary in connection vlth scien
tific research or scientific development or reLated production, Eay be PerEit
ted upon the issuance of a speclal perntt by the Board of Appeals, provided
that the Board finds that the proposed accessory use does not substantially
derogate from the public good.
YafirDuth, T.
175-4200 cluster Devel opment
4200 Definitions
zctrdljq - 27
and Planned Residential Development
A single-family cluster developnrent consistsfamily dwellings on reduced-sized lots, with
open space associated with the development.
of
an
a grouParea of of s ingle-dedicated
A multi-family cluster development consists offamily dvrellings with an area of deilicated openwith the development.
a .grouP of multi-
sPace a ssociated
drives,
such as
Conoregate Iiving housing is either a town operateC, state orfederally aided housing deve).opnent, or it may be a self-containedretirement community on tirentv (20) acres or more of 1and, whichconsists of multl-family dwellincs ies ioneC and reserved sgecificallyto accommodate the se::ri-inCe--enrje:rt. elrjerly gopulac;"on. Such multr-famiLy housing shall r-nclude qrouo iacr,litles for Cinrng, :oodDrecaration and socral interacLion. Por the curposes Jf thrs secL:on,elderly shall nean those persons aged 59 or o.l-der.
A planned resiclential development consists of a qroup of multi-faniJ.y dr,uellings, or a mix of multi-farnily and single-famitydwellings, along with one or more neighborhood convenience stores,as specified below, with an area of dedicated open space associatedwith the development.
Conmon open space is af1 land not designated for streets,
sidewalks, parking areas, 1ots, or non functional areas,yardls, space betr.reen buildings, narrow strips, etc-
4 210 Object ives
The objectives of a cluster development or a pfanned residential
tlevelopment are: to alfow relatively intensive use of land local.Iywhile not increasing the PoPulation dlensity on a Large scaleito preserve open space for conservation and recreation; tointrotluce variety anil choice into residential development; to
meet housing neeils; and to facilitate economical and efficientprovision of public services.
In the case of congregate living housinq theto provide housino for the elderly popuiationof total independence but are not in need of
obiect r ves are further
vrho may not be capableinsti tut iona I livinq.
4220 Applicability
Tbe Board of Appeals may grant a special permit to allow the useof landl for a cluster development or a planned residentiar develop-nent with uses andl dimensional - reguirements as specified below, inlieu of those elsewhere specified in this by-1aw, providedt thai ttrefollowing regulations andl procedures are comgfie6 iittr.
Yarmouth, T Z on ing 2e
4230 Procedures
4232. Application- Applicants for a special permit for acLuster development or planned resident-ia1 dev^elopment (pRD,shal1 submit to the goaid of Appeals one copy of in appticationard- f ifteen copies of the o.l,erlIl developnei-ri plan. Such planshall -encompass land r^'hich is contiguous, and 6f area at 1Lastten times the minimum single-family lot area requiredl in thatzone for single-family and multi-fimil.y cluster, and twentytimes the minimum single family 1ot area for pRD-
4235- Review and decision. Forthwith upon their receipt of theapplication and reguired plans, the Board of eppeals shiIItransmit one copy each to the Board of Health, ihe conservationComrnission, the Planning Boardl, the Town Engineer, the HaterDepartment, the BuiLding Inspector and the iire ctriet. withinthirty-five days of re-ce_igt_ of the-application by the agenciesnamed above, reports shaLl be submitted to the soara oi ADDealswhich shall make no decision until receipt of arr such replitsor until tbe expiration- of thirty-five diys foJ-lowing reciiptof the application by those agencies-
4233. . OveraII deve)-opment plan. The overall development plan
for a clust.et. develppment or a planned residential development
sha11 indicate: location and boundaries of site; proposed Iand
antl building usesi any required yards or setback areasi loca-tion anil bountlaries of comrnon open s-cace; existing topography,
proposed grading plan; location and width of streets and ways;parking, if any; areas of proposed andl retained vegetation;distinctions bet'*een uplandl antl wetland; and drainage and
sewage facilities. In addition, a multi-family cluster develop-
ment or a planned residential development plan sha),1 include
dlimensions, use and proposed locations of structures. fhe planshall be prepared by a registered lantlscape architect, architect,civil engineer, or land surveyor.
4234. other materials. The application materials shall indicatr.each landowner I s interest in the land to be developect, the formor organization proposed to own and maintain the c6runon openspace, the subsLance of covenants andl grants of easement lo beimposedl upon the use of land and structures, ancl a development
sched u 1e .
4231 . Preapplication review. Applicants are encouraged tosubmit preliminary materials for- informal review by tfre elan_ning Board and site plan review underr section 14301 prior toformal application, in order to avoid the discovery -of funda-mental problems with a proposed plan at the time o? tl" publicb":Ii"g on the granting-of " "p"iial permit- preliminar!subdivision plans, if iny, should be 'submittedl to the nllnningBoardl prior to application for a special permit.
f arr.outh , T Zoning 2tiA
4236 - Criteria- Approval of a cfuster development or a plannedresidential development shall be qranted upon a dleterminationby the Boardl of Appeals that the plan furthers the objectivesstated in section 4210 and complies with tbe requirements ofsection 42tl0 and that the plan enhances the preservation ofopen space for conservatioir or recreation; utilizes naturalfeatures of the land; and allows more efficient ooeration ofstreets, public utilities, and. other public servic-es- Inaddlition, there shall be minimal disruption of establishedneighborhoodls, especiatly with regard !o unusually heavJ traffic,visual irnpact, etc.
4 240 Requ i rements
A cluster development or a plannedl residlential development shallconform to the fol l owi ng:
4241 . Number of dwelling units. The maximum number of dwel-
ling units alf o\.,edl shall- be calculated by dividing the areaof deveJopable landl in the tract by the minimum lot size
specified in 175-2500 for a single family dwelling in thatdistrict. The developable lantl is the total tract minus:coastal uetlands andl freshwater wetlands; 90t of the landarea in existing utility easements; antl f andl which does not
,neet state or local health regulations for septic systems-
For this purpose, any lancl designateil on the U.S- Departmentof lgriculture Soil Conservation maps as having severe limita-tions for septic systems sha1l, without Proof to the contrary,
be deerned as not meeting these criteria.
4242- Allowable uses. Single-family cluster develoPments,
multi-family clustei developments and planned residential
developmenti may be allowed by special Permit in residential
distritts, excePt RC, in business districts and in the Hc
district, as shown in Sec. 175-2300. Plannetl residential
developments may include neighborhooil convenience stores, as
defined in section 4200, proviiled that: the gross cotnmercial
floor area shall not exceed 5t of the gross residential floor
area, or 5000 sguare feet, whichever is less; the stores are
attractively designetl as an integral part of the overall develop
menti irovision is made for their continued maintenance and
oDeration for the benefit of residents in the development;
"i',d tt.y be so located that residents of the neighborhooil out-
side the development may use them without disturbing normal
traffic patterns within the develoomeDt, infringing on parking
spaces reserved for tte use of residents of the develoPment, or
.rnduly disturbing the arnenities of those residents-
rarmoutn, T Zoning 10
4243- Dimensional requirements for single family cluster
development
ft.building l ine
Setback from boundary of'development- No dwelling within acfuster development may come closer to the bountlary of the
clevelopment than fifty (50) feet. Accessory structures shallnot be placed within ten (1O) feet of any lot line-
4244. Dimensional reguirements for a rnulti-family cluster
development or a pl.annedl residential development.
tli n imum
Mi n imumI!in imum
Uinimum
Min i mum
Maximum
!.lax imum
Iot size - -
lot'*idth at proposedfront yardside yardrear yardIot coveraoeheight: floorsfeet
planned res identialto the requirements
I0,000 sq-
f 00 f t.25 ft_-
1-2 ft-20 ft.
25t
see sect ionsee section
dleve l opmentof section
24 40
2140
Single family dlwellings in ashall be on lots andl conform
4243 above.
MuLti-family buildings shall conform to the setback requirementsstated beIow. The absence of reference to lots for multi-family dwellings shall not prohibit a building or dwelling unitfrom being shown on or associated with a lot or lots.
The irinimi:m building setba6k f rom streets, r^'ays or p6rking
areas shall be one (1! times the building height- ?he minimumdistance between buildings shall be the sum of the lreightsof the buildings as measured from the average_ grouncl leve1at the side between said buildings.
The Board of Appeals may reduce these dimensional requirernentsupon a clear demonstration that the proposedl development offersexceptional advantaoes. In no case shalI an exception be granted
to increase the allowable density of a cluster of plannealresidential development.
4245. Congregate living housing shall be made uo of vne (ll and two(2) bedroor:r uni.ts. Such units shall be desioned to acconu-.rocare one{1) or two (2) elderly gersons. Aside from the bedroon(s) anci bath(s)the unrt may have, but is not required to have, a smalL kjrchen and/cr small living room. ConqreqEte living housing shall have no norethan twenty Percent (201) two (2) bedroom units. The number ofcongregate dwelling units allowed shall be those alloweC :or cthercluster development as stated in 424I exceot thar- the followrno bonusnay be a I lowed :
an increase rn the maximum numebr ofto the percentaqe of one (1) bedroom
deve lopment .
cono rega te
congrec.ate dwel I ino units
I ivino units inequa I
the
rrmouth, T
4250
zoning 30
General Cri teria
4251- A0cess to cluster and planned residential developments.
There .sha1I be adeguate access provided to a cluster develop-
ment or a- plann6dl residential ilevelopment for. the PurPoses
enumeratdil in ltGL ch. .41 .s81 [1- If deemedl necessary for public
safety and welfare, through streets may be reguireil.
4252. Utilities- There shall be ailequate utility servic€,
evidencedl by availability of public water supply, adequate
drainage and adequate ser')age disposal . In the case of on-site
serrage disposal in a cluster. development or PRD the following
are required:
1) Location of on-site sehrage disposal unit shall have
slight or moilerate soil limitations for on-site dlisposal
of sewage effluent, based on the 1973 Soil ConservationService soil Survey for the Tcwn of Yarmouth, unless itis shown to be in error with respect to the site.
2) Septic tank leaching fieldts or other on-site sewageeffluent discharge facilities shal1 be locateil not lessthan two hunclred fifty (250) feet from any poncl over five(5) acres, river, stream, ocean;- swamp or rnarsh- The Boardof Appeals may reiluce this setback requirement to not lessthan one hundred fifty (150) feet upon dernonstration by theapplicant that the site plan is thereby enhancecl and alsothat existing soil characteristics are such tbat no -oroundl-Lrater or surface water pollution will- result.
4253. Hurnan and Datural environment.
l) There shall be avoidance of ecoloqical disturbance byminimizing the following: topographic change; removal ofexisting trees and vegetation; and visually disruptivebuilding location- l4u1ti-family structures shall be
located not less than one hundred fifty (150) feet from
a,ny pondl over fiwe (51 acres, riwer, stream, oceaD, svrampor marsh.
2l
by
Tbere shall be preservation of ne ighbortroodl amenitiesthe fol lowing:
a) the site design for a rnulti-family cLuster or PRDshaIl screen parling areas and Dreserve existing waterviews from public uays and provide effective use of
topography, landscaping andl building placement to
maintain the character of the neighborhood.
b) parking in a multi-family cluster or PllD shall conform
to section 3lO0 of this by-lau and in adidlition there
shatl be glare free illurnination of parking areas-
c) No multi-family structure shall contain more than twenty
iiol -a*.iiing units. rn the case of congregate living housing
this requirement may be waived j'f the Board of ApPeaIs
="".i-iiJirrv finds that there is sufficient buffering to
;;;;;;t " r-arser buirdino from- beinq -di srupt ive to the
tharacter of surrounding nerghborhoocs '
YanrDuth, T.zoni-ng - 31.
4254 - Improvements..
1) Access, drainage, utilities and grading sha11 meetfunctional standards equivalent to those established inthe adopted Planrring Board Subtlivision Rules and Regulations.
2l Prior to issuance of building permits within a multi-fantily cluster or planned residential development, the
Town Engineering Department shaII certify to the Building
fnspector that a detail-edl site plan has been submittetl in
accordance with Section 1430 and meets the reguirements ofsaid section.
3) Occupancy permits for any structure shall be grantecl
only in accordance r"'i th the reguirements of section 1412-
4260 Open Space Requirements
4261 - Corunon open sPace stra1l be preservqd for recreation or
conservation and shalI incfude not less than thirty Percent (30S)
of the land area within the development plan- Such open space
shall either 5e conveyed to the torrn and accepted by i.t for
park or open space use or be conveyeil to a nonprofit corporation -
or trust, owoed, or to be owned, by the owners of lots or
residential units t^,ithin the plan. If such a corporation ortrust is ut-i1izedl, ownership thereof shal'I pass with conveyanceof the lots or residential units. In any case where such land
is not conveyed to the town, a restriction enforceable by thetown shal1 be recorded, providing that such land be kept in an
open or natural state ancl not be built upon or developeil foraccessory uses such as parking or roadway, and the town shall begranted a perpetual easement over the land sufficient to ensureits perpetual maintenance as conservation or recreation land.
Such open space shal1 be delineatedl on the plan.
4262. Long-term compliance. Subsequent to approval of suchcl.uster development or planneil residential development no landtherein shall be sold and no lot line or 'structure altered fromthat shown ori the overall" develooment plan..so as to increase theextent-of nonconformity .ivith the standird dimensional regrulationsof this by-Jaw,. (See S175-2400, antl 175-2500) - Prior !o saleof any lot within a cluster development or pRD, or issuance ofa building permit for construction therein, such lots sha1l be
shown on a plan recordeil in the Registry of Deeds or reqisteredwith the Lancl Court, which plan shall make references to therecorded land agreements referredl to in section 4247. Unlessthe Board of Appeals has specifically approved staged development,such plan sha1l show all lots to be inctuded in thE development-
Yaroouth, T.
S 175-4300. Flood area provisi.ons.
Zoning -33
Pertrits for new construcfion, alteratlon of sEructures or other developurenE(any nan-oade change to improved or uninproved real estate, including but notliuited to buildings or other structures, nining, dredglng, filling, gradlng,paving, excavaEion or drllling operations), at or below the base flood eleva-tion as specified sithin the A and V Zones (in unnunbered A Zones, ln the
absence of Federal Insurance Adninistration data, the base flood elevatlonsshall be deternined by obEalning, revlewi.ng and reasonably utllizlng any exlst-lag base flood elevatlon data frciu federal, state or other sources), as deslgnated
on speclal Flood Insurance Aduinistratlon Flood Insurance Rate Maps, Nos. 01
through 04, effective May 2, L977 (which are on file lrlEh the Town Clerk,Planning Doard and Bullding Inspector), shall be approved subJect to the followlng
4310. Hinl-nun floor elevations. New construction or substantial luprovement*(repair, constructl.on or alteratlon costing fifty percenE (502) or nore of the
loarket. value of the strucEure before improvement or, if damiged, before damage
occurred) of residentlal structures shall have the lowest floor (including
baseoent) elevated to not less then base flood elevations, New construcEion
or substantial improvenent of nonresldentlal structures shall elther be slnilar-
Iy elevated or, together $lth attendant utillty and sanitary facllitles, be
floodproofed to not less than base flood elevations.
4320. Certificatlou of floodprooflng. I{here floodproofing ls utllized 1E
accordance wlth Sectlon 4310, a registered englneer or architect shall
certlfy that the floodprooflng nethods are adequate to wLthstand Ehe flood
depths, pressures, veloclties, lmpact and upllft forces and other factors
assoclated wlth the base flood.
*Note: Substantial lmprovenent rl11 have been decreed to occur when the first
alteratLon of any structural part of the butldlng corunences.
Yarnouth, T
4330. Building Inspecror review. AEy new construction or
i-uproveoent to be undertaken within sald distrlct shall bewith the llassachuseEts State Bullding Code, Section 748.0.Inspector shall:
Zoniog -34
subsEaDElal
in accordance
The Building
4331. Review a1l proposed developrnent withln the flood dlstrtct to assurethat all necessary perElts have been received from those governEental
agencles froro whlch approval. is required. by federal or state 1aw, lnclud-
ing Section 404 of the FederaL llaler Pollution Control Act Amendnents of
L972, 33 U.S.C. S 1334.
4332. Obtain and Eaintain records of elevation and floodproofing 1eve1s
for nen construction or substantial iuprovenent within the flood district.
4340- Velocity Zones. No land wlthin areas designated as V (velocity) Zones
on the Flood Insurance AdEinistration Flood Insurance Rate ltaps shall be
developed unless such developnent is demonstrated by the applicant to be
Located landr.rard of the reach of the mean high tide. A11 new consEruction
and substanEia]. improveuent eithin the V Zones shall be elevated on adequately
anchored pllings or colurans anil securely anchored to such piles or columns
so that the lowest portion of the structural uembers of the lowest floor(excluding the pllings or columns) is elevated !o or above the base fl-ood
elevation; and certified by a registered professional engineer or architect
that the structure ls securely anchored Eo adequately anchored pilings or
columns ln order to wiEhstand veloclty waters and hurricane wave wash. Thefollowing sha1l be prohlbited within said V Zones:
434L. Any nau-made alteration of sand dunes which mighE lncrease the
potentlal for flood danage.
4342. Use of fill for structural support for new constructioo or sub-
stantl.al lDproveBent of structures.
4343 . l.loblle hooes,
4350. Variances and speclal pernits. The Zoning Board of Appeals nay
authorlze use varlances rrlthin the flood areas in accordance lrith Subsection
L322, as Ln any other zonlng distrlct withiD. the Town of Yartrouth, and may
graot a specl.al perElt for ne!, strucEures or subsEanElal improvements to
be erecEed on a lot one-ha1f (1/2) acre in size or 1ess, contiguous to and
surrounderl by lcts vLth exLsting structures constructed below the base flood
elevatlon, provlded thaE the following are EIet:
4351. A showlng of good and sufficlent cause;
4352. A deternination that fallure to grant the speclal permlt would
result J,n exceptional hardship to the aPPlicant;
Yarnouth, T.Zoni ng -35
4353. A deterninalion that the special permlt will not result in increased
flood heights, addltional threats to publlc safety, extraordinary publlc
expense or any conflict r.riEh requiretrenEs in accordanca with G.L. c.40A,
as aoended; and
4354. The Zoning Board of Appeals has notifled the applicant for the
special pernit, ln wriEi.ng, that Ehe actuarlal rates r.rill increase as
the first floor elevalion decreases and thaE such constructlon belou
base flood elevation level increases rlsks to life and property.
4360. Procedure. Upon the granting of such a speci.al permit or a variance
froo this $ 175-4300, the Zoning Board of Appeals shall require that the
Torzn of Yarmouth noaintaLn a record of all sueh varlance and speci.al pernlt
actlons, lncluding justiflcatlon for issuance, and report such varlances
and speclal pertrits issued l-n lts annual report Eo the Flood Insurance
AdEinistrator ln accordance with the DepartEent of Housing and Urban Develop-
oent guidelines.
4370. Historic places. The Zoning Board of Appeals may Brant a specialpernit for the reconstructLon, rehabilitation or restoratlon of strucEures
listed on the National Reglster of Historic Places or the State Inventory
of Hlstoric Places, wLthout regard Eo the procedures set. forEh 1n Section 4350
above.
S f75-4400. l.letlands Conservancy DistrlcE.
4410. General. This section does not grant any property rights; lt does
not authorize any person to trespass, lnfrrnge upon or inlure the propertyof anotherl lt does not excuse aoy person of the necesslty of complyl-ngslth other sectlons of thls bylaw or other applicable laws, regulatLons or
bylaws.
44?O. Purpose. Conservancy DlstrlcEs are intended to preserve, protect andEaintaln the Broundrrater supply on whlch the inhabltants depend for water;
to protect the purlty of coastal and lnland waEers for the propagatlon offish and shellfish and for recreational purposes; to provide for the con-
tinued functloning of the Lretland as a nat.ural systeE; to protect the public
health and safety; to protec! persons and property froo the hazards of flood-
4380. 0ther laws. llhere these fLood area provisions impose greater or lesser
restrictlons or requirements than those of other appllcable bylaws or regula-tions, the Eore resErLcElve sha11 appIy.
Yarnouth, T Zonlng -35
and tidal rvaters which may result from unsul!ab)"e developrnent ln swatrps, ponds,
bogs or marshes along waEercourses or ln areas subjecE to floods and extretrehigh tides; to preserve the auenities of the town; and to conserve naturalconditions, wl1dlife and open space for the education and general welfareof the public.
4430. Permitted uses. Except as provided in Sections 4440 and 4450 below,buildings, structures and premi.ses in Conservancy Distrlcts oay be used only
for the following purposes, except as othererlse authorized by $ 175-2300 or
by s ta tu Ee:
4431. Fishing and shellfishlng, including the ralsing and cultlvation of
fish and shel lfish.
4432, forestry, grazing and farming, nurseries, truck gardening and
harvesting of crops, inc!.uding but not linited to such crops as cran-
berries, marsh hay, seaweed, berries and shrub frults and trees, and rrork
lncidental there to.
4433. Conservation of soi1, \rater, pLants and wlldlife.
4434. Outdoor activitles, lncluding hlking, swimrning, boacing, nature
study, fishing, trapping and hunting,
4435. Drainage works which are part of 1oca1 flood and roosquito control
conducted by an authorized public agency.
4436, Uses accessory Eo residential or other prlnary uses, such as
flower or vegetable gardens, 1awns, pastures or forestry areas.
4440, Uses permitted by speclal permlt.
444L. Upon issuance of a speclal permit by the Board of Appeals, and
subject to such special condlttons and safeguards as the Board of ApPeals
deeos necessary to fulfitl the purposes of Sectlon 4420, l};.e following
uses and structures are penuitt€d3
(a) Nonresldential bull.dlngs or structures lo be used only ln con-
junction with fishing; shelLfishlng; the growlng' harvestLng and
storage of crops raised on the premisesl and boathouses.
(b) Dans, changes in eatercourses or oEher drainage works only as
part of au overall drainage Platr constructed or authorLzed by a
publlc agency except as stated Ln Subsectlon 4435 above.
Zonlng -37
(c) The superficlal clearing of areas of private beach and the f11-
ling or replenishoent thereof ln conforoity wlth the provlslons of
Chapters 782 ar.d 784, Acts of L972, and G,L. c.91, as aoended.
(d) Fabricated walks or tralls, docks and landings for prlvate use.
4442. The Board of Appeals Eay grant a special perrolt for the above-
stated special uses, provided that:
(a) Four (4) copies of an application, including a detailed Plan'are suboitted to the Board. Said plan shall indicate the location of
proposed and existing structures, the distinctlon betl.reen ihe uetlarid
and upland and elevations of land contours at two-foot intervals'
referenced to rDean sea level datuE.
(b) Copies of the application have been transmitted by the Board of
Appeals to the Plannlng Board, Board of Health and the conservatlon
Cormission within seven (7) days of their receipt by the Board of
Appeals, and reported upon by all three (3) Boards;. or thirty-five
(35) days sha1l have elapsed following recelpt of such referral.
Approval by the Board of Appeals shall be uade contingenr upon
approval of on-slre water supply and/or on-slte se\rage disposal
systeEs by the Board of Eealth or the l{assachusetts DepartEent of
Environnental Quality Engineerlng, if havlng jurisdiction.
(c) Any said nonresidential building sha11 not exceed one thousand
(1,000) square feet ln total ground coverage.
(d) Any said nonresidentlal butlding shall conforto to the setback
and side line requlrements of the underlying zoning distrlct, and pro-
vlded that any such nonresidential building or sEructure shall be
designed, placed and constructed co offer a minimnE obstructlon to
the flo!, of water.
4450. Locatlons exeopted by specral permit. If any land in the Conser-
vancy DisErlct ls deEonstrated to the sat.isfactlon of the Board of Appea!.s,after che quesElon has beeo referred to aDd reporled on by the Planning
Board, Eoard of llealth and the Conservatlon Commissloo, or thlrty-fLve
(35) days have elapsed slnce recelpE of such referral; and after so1l
survey data, percolatlon Eests taken between and lncluding the months of
February through May and a plan shovlng elevatslons of land contours at
tHo-foot intervals, referred to Eean sea 1evel da tr:rn, have been subdltted
and certLfled by a registered professional englneer and/or land surveyor
as belng io fact EoE subject to floodinB or not. unsultable because of
Yaraouth, T.
Yarmouth, T Zoning -38
drainage provisions of thls secEion; and thaE the use of such land will noE
interfere with the purpose for which the Conservancy Distrlct has been
establlshed and wlIl not be detriuental to the public safety and/or velfare,
the Board of Appeals may, after a publlc hearlng wlth requlred notice, issue
a speclal peruit for any use otherrrise permitted at that location under Ehe
Zoning Bylaw, in which case all other zoning provisions appllcable to such
land use shalI apply.
4460. Board of Appeals criteria. I{herever in this section the Board of
Appeals is authorlzed to issue a speclal permit, said Board sha11 assure
to a degree consistenE with a reasonable use of the location that said use:
b462. FacilitaEes the adeguate protection and provision of a waEer supply.
4463. Protects and preserves the inland marshes, bogs, ponds and uater-
courses and their adJoining eetlands in order to safeguard the purity of
inland and coasEal waters for Ehe propagation and protection of aquatic
life and for recreational purposes.
4470. Prohibited uses. Except as provided ln Sections 4430, 4440 and 4450
of this protective bylaw, the following uses are prohiblled within the
Wetlaud Conservancy District.
447L. No parson shall fill, place or dump any soil, loan, peac, sand,
gravel, rock or other mineral substance, refuse, trash, rubbish or debris.
4472. iilo person shal1 drain or excavate or dredge land or wetlands or
remove therefrom loan, peat, sand, gravel or other Eineral substances.
4473. No person shall perforn any act or use any land or vetlands Ln a
nanner which woul.d destroy the natural vegelation' substantially alter
exlsting patterns of lrater flow or otherwlse alter or pertrlt the altera-
tion of the naEural and beneflclal characEer of the land or weEland.
4474. No person sha11 cause by any means any selrage or any effluent
contanloated by sewage to enter or flow into any wetlands, whether the
saEe is by surface or subsurface action or seePage or otherwise. "lletlands,"
in this section, shall nean areas coEPrLsing poorly dralned or plastic
so1ls such as c1ays, muck, peat or bog in lrhich dePth to lraler table ls
slx (5) lnches or less during the perlod beti{een February and }Iay.
446L. Does not produce unsuitable developuent ln narshes, bogs, ponds
or along watercourses or in areas subjecc to flooding.
Zoning -39
4480. Building peruLts. Whenever an application Ls made for a building
L,hich involves the use of land Ln the Conservancy DistricE, the Buildln8
Inspector shall require the applicanE for such peroit to provide as part
such applica tion:
4476, l,lo buildings or sErucEures sha1l be erected.
perEit
of
4481. A plao, drawn by a
such building ls intended
reglstered land surveyor, of the lot on whlch
to be bullt. Sald plan Eo shou:
(a) Proposed buildlog and ser.rage disposal locatLons.
(b) Elevations of the land
to Eean sea level datua.
contours, at tr"o-foot lntervals, referenced
(c) Location of percolatlon tests taken betlreen and Lncluding the
oonths of February through May.
(d) So11 survey data certified by a registered professional engioeer.
4482. Each appllcation to Lnclude all of the followlng, prLor to lssue-
ance of a buildlng pernlt:
(a) The rrrltten approval of the Board of Eealrh.
(b) A wrltten recor@endatlon by the Conservation Comissl.on.
(c) A copy of Ehe special peroit granted by the Soard of Appeals;
$ 175-4500. Yote16.
4510. Accessory uses. No aceessory uses are pertrltted ia required yard
areas except a drlveway and peruirted signs (subject to the provisions of
$ 175-3300 ln the front yard). A1l yard areas not covered by parking areas,
drlveways, accessory structures or other lnpervious surfaces shal-I be planEed
uitb grass, trees, shrubs or other vegetatlon,
Where auy Eotel 1ot line abuts a Resldential Distrlct boundary, Ehere
':-arnouth, T.
447t. Aly and all sewage disposal systetrs, storage areas or tanks for
chaoicals or petroleun products or other potential sources of subsEantial
pollutlon shall not be located within seventy-five (75) horizontal feel
of any Consewancy Distrlct.
Yarmouth, T.Zoning -40
shal1 be a buffer at least ten (10) feeE lride containing a dense groupingof trees or shrubs, either retained or planted, sufficient to provide a
natural barrier at least three (3) feet high inttially and at least seven(7) feet high wiEhin five (5) years.
4520. Lighting. No buildings shall be illuminated in such a way that
causes glare for lrotorists, pedestrians or neighboring preoises.
;
Yarmouth, T.Zoning - 4I
ARTICLE V
Defini tions
S 175-5100. Defini tions.
In this bylaw, the following terrns shall have the following meanings unLess
other meaning is required by t}te context or is specifically prescribed:
BOARDING- OR LODGING HOUSE -- A dwelling with a ma.naging family resident
on the premises, offering accorunodat ions , lri th or withouE oeaIs, for rental
to more thanthree (3}and fewer than twelve (12) persons.
BOYSr OR GIRLST CAl,tP -- Facilities operated on a seasonal basis for a
conlinuing supervised recreational, health, educaEional, religious and/orathletic prograln, r,ri th persons enrolled for periods of not less than one(1) week, and shall include but not be limited to such facilities as Boy
Scoutsr canps, YIICA camps, tennis canps or other similar facilities, wi tho! grithout overnight accomodations.
CIu\tP ING icND RECREATIONA.L EQUIPMENT --Inc1udes but is not limited to the followin
(a) BOAT -- Any inboard, outboard or sall opeE watercraft, opeo or
cabln type.
(b) CAIIPING TRTILER -- A canvas, folding sEructure mounted on v*reels
and designed for travel, recreation and vacation use.
(c) l.tOTOR HOME -- A porEable, temporary dwelling to be used for travel,recreation and vacation, constructed as an integral part of a self-propelledvehicle, having a body wtdth not exceeding eight (8) feet and a body lengthnot exceeding thirty- two (32) feet.
(d) PICKUP COACH -- A structure designed primarily to be mounted on apickup truck chassl.s and with sufficient. eguipment to render ir suitablefor uses as a temporary dwelling for travel, recreational and vacation
use.
(e) TRAVEL TRAILER -- A vehicular, portable strucrure builr on a chasjlsdes.igned to be used as a temporary dwelling for travel, recreational andvaeation uses, perraanently identified "travel trailer" by the manufacturerof the traller and having a body width not exceeding eight (g) feet and abody len3th ,ot exceeding thirty- tlro (32) feet.
ACCESSORY BUILDING OR USE -- A building or use customarily incidental to
and located on the same lot with the principal building or use' or on
conEiguous lots held under the same ownership, excep! that if more than
thirty per:cent (30%) of the floor area or fifty percent (507.) of the lot
area is occupied by such use, it shall ao longer be considered accessory.
Yarmouth, T zonin(,42
CAMPGROUND -- Premises with sites used for travel tra.ilers, campers,tenting or for temporary overnight facilities of any kind where afee is charged.
CLUB OR LODGE The premises or buildings oexclusively servicing members and their guestsathletic or civic purposes, but not includingmerchandi-sing or commercial activities exceptfor the membership and purposes of such c1ub.clubs or orqanj-zations whose chief activity iscarried on as a business.
f a non-rof j"t organizati-onfor recreational ,any vending stands,as required generally
This shall not includea service customarily
COMMERCIAL NURSERY OR GREENHOUSE premises principally used commer-cially for the propagation of trees, shrubs, vines, flowers or otherplants for transplanting, stock for grafting or for cut flowers, orfor the rai-sing of produce within a glassed or plastic enclosure, foreither wholesale or retal1 sale.
CONTIGUOUS LOTS Lots havinq conmon boundary equal in length toat least one half (!) tfre total length of the longer boundary adjoining.
CONTRACTORTS YARD Premises used by a building contractor orsubcontractor principally for storage of equipment and supplies, fabri-cation of subassemblies or parking of \,,/heeled equipment.
COTTAGE COLONY Two or more detached seasonal dwellings located onthe same 1ot, each designed for independent f ami-1y living.
DVJELLING A building or part of a building used exclusively asthe living quarters for one (1) or more families.
DWELLING UNIT A single unitliving facilities for one (1) orprcv j-sions for Iiving, sl,eeping,
providing comnfete, independent
more persons includino permanenteating, cooking and sanitation.
EDUCATIONAL USE Premj-ses used for systematic instruction or forthe imparting of knowledge, and either operated by a public agency orIicensed or accredited by the Commissioner of Education.
FAMILY An individual or two (2) or more persons related by bloodor marriage, or a group of not more than five (5) persons not sorelated, living together as a single housekeeping unit.
GROSS FLOOR AREA Shal1 be measured to the outside of the buildingwith no deductions for accessory unoccupied areas such as hallvrays,stairs, closets, thickness of waI1s, columns or other such features.
GUEST HOUSE OR INN A building similar in character, both oninterior and exteri.or, to a single-family dwelling, in which overnightlodging is offered in five (5) or fewer guest rooms.
GUEST UNIT A room or suite of rooms in a hotel , motel, motor inn
or guesthouse suitable for separate rental .
HOSPITAL A facility for the care and treatment
licensed by the Massachusetts Department of PubIic
c.111, S5L or 71, as amended.
of patientsHealth under
AS
G.L
Yarmouth, T
INN
LOT LINES
see Guest House
LOT FRONTAGE -- That portion of a lot fronting upon and havingrights of access to a vray providing Iega1Iy sufficient frontagethe division of land under the requirements of c.L. c.4l S8IL.,be measured continuously along a single street line.
Zon j-ng 43
forto
Front
S ide
Re ar
the boundary line separating street from lot.the boundary line connecting front and rear lotlines. In the case of corner lots generally alllot l-ines other than the front lot line are tobe considered side Iot Iines.the boundary line connecting side lot linesfarthest from and approximately parallel to,the front fot line.
MoBILE HoME Any vehicle or object designed for movement on wheels
and having no motive power of its own, but which is drawn by or usedin connection with a motor vehicle, and which is so designed and con-structed, or reconstructed or added to by means of such accessories, asto permit the use and occupancy thereof for human habitation, !.rhetherresting on wheels, jacks or other foundation, and shafl include the
type of construction commonly known as "mobile home", having a bodywidth exceeding eight (8) feet and a body length exceeding thirty-two(32) feet .
I,IOBILE HOIIE PARK Premises planned and improved for the rental of
spaces for two l2l or more mobile homes.
MOBILE STRUCTURE A movable structure designed for year-round
occupancy used for office or other nonresidenti-a1 activity.
MOTEL or HOTEL Any building, other than a guest house, contaj-ningsix or more guest rooms intended to be occupied on a transient basis,
and which do not contain cooking facilities in the guest rooms.
MULTI-FAMILY DWELLING A building or portion thereof containing
more than two (2) dwelling units and not classified as a one- or two-family dweI1ing.
NURSING HOME Any dwelling or building with sl-eeping rooms wherepersons are housed or lodged and furnished with meaLs and nursingcare for hire, as Iicensed by the Massachusetts Department of PublicHealth under G.L. c.111, S71 through 73, as amended.
ONE-FAI'IILY DWELLING A building containing one (1) dwelling unitwith not more than three (3) Iodgers or boarders.
PAVING A uniform, hard, smooth covering which wiLl bear travelby vehicles or by pedestrians in aII seasons, or which is used inconjunction with certain sports or recreational activities. It includesconcrete, bituminous concrete, oil-penetrated gravel, brick and pavingstone, but shal1 not include such materials as gravel-, crushed clam-sheIls or any other similar material.
PLACE Or' ASSEMBLY premises accorunodating a oathering of fiftyof more intlividuals for purposes not more specifically citegorizedin this byl aw.
(50 )
Yarmouth, T
RELIGIOUS USE Premises principally usedrelivious instruction or other expression ofof theological teachings or bel j-ef .
for
an
public worshio,inteqrated system
Zoning 44
or less perproviding
shrorn affidavitssatisfactory
SEASONAL USE Use of a 1ot or sturcture for 180 daysyear on the average. An applicant may show otherwise byevidence such as utility biIIs, US post Office records,from 3 abutting year-round residents, or other evidenceto the Building Inspector.
SIGN ATInot, designedservice.
advertising devices or insignia, irhether letteredto promote a busj-ness or the sale of a product or orof a
SIGN AREA Shall be determined by the multiplication ofr^,idth ancl the extreme height, including borders and withoutfor open space or other irregularitj-es .
the extreme
deductions
dwelling unit orthan 90 days during
STABLE Any premises used for the shelter and feeding of horsesfor remuneration, hire or sa1e.
STRUCTURE A combination of materials assembled at a fixed locationto give support or shelter, or anythinq constructed or erected, the useof which requires a fixed location on the qround, including but notlimited to buildinge, nobile homes, swimming pools having a capacity offour thousand (4000) gallons or more, piers, jetties, signs, fences,radio antennas and reta.ining wa11s. The word "structure" shall beconstrued, where the context requires, as thouoh followed by the words"or part or parts thereof".
TELEPHONE EXCHANGE A building contaj-ning a central system ofswitches and other equipment and personnel that establishes connections
between individual telephones. It shall not include facilities forservicing individual telephones, truck or equipment storage, businessoffices or any other facility or office not directly related to theswitching system.
TIl,tE SIIARING -- The sale or multi-year leasea guest unit for specific recurring periods ofthe course of a year.
of a
Iess
TWO-FAMILY DWELLING
with not more than three A building containing two (2) dwelling units(3) lodgers or boarders per family.
YARD An open space, unoccupied and unobstructed by any structureexcept: fences, walls, poles, posts, paving and other customary yard
accessories, ornaments and furniture, and ramps, landings and similar
structures needed for handicapped access. Cornices, window siIls,
beft courses and other ornamental features may project not nore than
eighteen (18) inches; Bay/bow winciows, oreenhouse windows and eaves
may project not more than twenty-four (24) inches, and chimneys mayproject not more than thirty-two (32) inches into any required yard.