HomeMy WebLinkAbout1983 Zoning Bylawi
LEGISLATIVE HISTORY
This Zoning By-1a$, has been revised and reorganized accordingthe provisions of Chapter 808 of the Acts of L975, The Zoningunder articl-e I of the Special Town lrteeting on April 11, 1978.
Revisions:
to
Act ,
1 In the Special Town Meetinq of December 5, J-978,
Under Articles 25, 28 and 36.
In the Annual Town Meeting of April 8, 1980, and
Under Articles 54 and 55.
In the Special Tovrn Meeting of January 7, 1981:
Under Articles 2 and 3.
In the Annual Town Meeting of April 13, 1982, and
Under Articles 45, 46, 47, 48, 49,50, 51 and
In the Annual Town Meeting of April 12, 1983, and
Under Articles 19, 20, 28 and 53.
and continued:
cont inued :
continued:
52.
continued:
2
3
4
5
Yarmouth, T.
$
5
!
$!
$
!
75-2100.
75-2200.
75-2300.
75-2400.
75-2500.
175-3100.
175-3200.
175-3300.
175-3400.
75-4100.
75-4200.
75-4300.
75-4400.
75-4500.
ChapEer 175
ZONING
ARTICLE I
AdministraEion and Procedu re
Purpose.
Administration.
Board of Appeals.
Permit reviews.
Applicabi 1i tY.
Validity.
AmendmenE.
ART ICLE II
District Regul ations
Establishment of disEricts
Use regulations.
Use Regulations Schedule.
InEensity of use regu lat ions .
Inteusity of Use Regulations Schedule.
ARTICLE III
General Regu lat i oas
ARTICLE IV
Speclal Regulatlons
Accessory uses.
Open space village develoPment.
Flood area provisions.
Wetlands ConservancY Dis trict.
Motels.
ARTICLE V
Definitions
175-1100.
175-1200.
175-1300.
r75-1400.
175-1500.
175 -1600.
175-1700.
PageII
1
3
5
7
7
26
26
33
35
39
4L
!1$I!1.
$1$r
!1$1!1!1!r
8
9
IO
I5
L6
18
22
23
25
S u5-5100. Definitions.
Parking and loading requirements.
Fi1ltng.
S igns .
Design standatds.
Chap ter 175
ZONING
ARTICLE I
Adminis tratioa and Procedure
$ 1.75- 1100. Pu rpose.
The purpose of this bylaw is to promote the health, safety,
welfare of the inhabitants by dividing the town into districEs
the use and consLruct.ion of buildirtBs and premises therein.
corvenieoce and
and regu lating
! U5-f 200. Adrrinistratioa.
1210. Enforcement. Thls bylaw sha1l be enforced by the Building Inspector.
L22O. Professional inspection. Construction on projects under a single
building permlt involving eitlter one (1) or urore structures (other than
one- or two-family dr.rellings), each containin8 thlrty-five thousand (35r000)
cubic feec of volume or more, or involving fifty (50) or more dwelling units,
lrrespective of Eype, shall be done with the inspect.ion of a registered
professional engineer or architect, retained by the developer. Such engineer
or erchltect shall periodically, as requested by t}re Building IospecEor,
attest that all work being done under his supervision ls being done in
accordance wi th the plans as certlfied uader Subsection 1.411.
1230. Penaltles. Any person vlolatlng any of the provisions of thls bylaw
shall be fined not more than fifty dollars ($50.) for each offense. Each
day that sucb violation continues shall. constLtute a separate offense.
the powers
bylau.
1240. r{mdescrimi-nation. The a&rlinistration ard enforerent of this By-Iawsha11 be done without regard to race, color, se><, age, physical h*rdi";i,religior or nationaL origin.
S175-1300. Board of Appeals.
1310. Establishment. The Board of Appeals shall consist of five (5)members and such number of associate members as the selectnen sharldeterruine, who sharr be appornted by the selectmen and shall act io arrmatters -under thls bylaw rn the manner prescribed by G.L. c.4oA, 4oB aod 41,as amended.
1320. Powers. The Board of Appeals shall have and exercise allq5anted !g it by C.L. c'.AOA, 4bi and 41, as amended, and by thisThe Board's powers are as follows:
Yaroouth, T LOttLng - L
132t. To hear and decide applications for special permits upon
which the Board is eopowered to act under: this bylaw, in accordance
wi th Section 1420.
1322. To hear and decide appeals or pet.itions for variances froo
the terms of this bylaw, including variances for use, erl th respect,
to partlcular land or structures. Such varlance shall be granted
only in cases vhere the Board of Appeals finds all of the followlng:
(a) A literal enforceoent of the provisions of this bylarr wouLd
lnvoLve a substantial hardship, financial or oLherrise, to thepetitloner or appel lant.
(b) The hardshlp ls owing t,o circumst.ances relating to the sollconditions, shape or topography of such land or structures andespeclally affecting such land or structures, but not affect.iuggenerally the zoaing disErlct 1u nhich lt is located.
(c) Desirable relief uray be granted lrlthout elther:
(1) Substantial detriment to the public Sood;or
(2) Nullifying or substantially derogating from theinlent or PurPose of this bylaw.
L323. To hear and decide other appeals. OEher appeals will also be
heard and decided by the Board of Appeals r''hen taken by:
(a) Any person aggrleved by reason of hls lnabilify to obtaln apermlt or enforcement actioo from any a&ninistratlve officer under
the provlslons of G.L. c.40A, as amendedr' or
(b) The Cape Cod Plannlng and Econonlc Developrnent Corrnlssion; or
(c) Any person, lncludlng any offlcer or board of the Tosn of Yarmouthor of any abuttlng torm, lf aggrleved by any order or declsloo of the
Bulldtng Inspector or other admlnlstratlve offlclal, ln vlolattoo of
any provlsion of G.L. c.40A, as amended, or thls bylau.
L324. To issue comprehensive permits. Comprehenslve permltr for
constructlon may be lssued by the Board of Appeals for constructlonof low- or moderate-income housLag by I publlc agency or llolled dlvldend
or nonproflt corporation, upon the Board's detennlnatlon that such
constructlon would be conststent wlth local needs, whether or not conslsteEtrlth local zoaing, buildlng, health or subdlvlsion ;equlrements, as
authorized by G.L. c.40B, $$ 20 through 23, as amended.
Y5rnnuth, T.
]-34c. Repetitive Petitions.perrnits, aPPeals ald Petitionsthe Board of APPeals sha1l be
ss 16, as amended.
$ f75-f400. Permit reviens.
1410. Required Permi ts.
1325. To issue wirhheld building permits. Building permits with}eld
by the Building Inspector acting under G.L. c'.iI, $ 8lY, as amended,
ui . r."rrs of enforcing the Subdivision Control Law may be issued by
the Boarit of Appeals shere the Board finds practical difficulty'or
unnecessary hardship and if Lhe circuosEances of the case do noL reguire
thaE the uuitaing be related to a vay shown on the subdivisioo plan in
question.
I33O. Public Hearings. The Board of Appeals sha1I hold public
hearings in accordance with the provisions of G.L. c.4OAr 4OB
and 41, as amended, on alI appeals and petitions brought before
it. Subrnission shall be in conforrnitv with Sections 6-tsnd 14of CtaDter 4oA. which sha11 include palnnent of a fillno fee of
thirty dollars (S3O.OO).
Repetitive petitions for special'
for variances and aPPlications to
linited as provided in G.L. c. 4OA
Zoning - J
1411. Compliance certification. Buildings, strucEures or land nray not be
erected, substautially alrered or changed in use without certification by
the Building Inspector that such action is in compliance wiLh then applicable
zoniog, or lriEhout reviee by him regarding whether all necessary permits
have beeo received froo those governmental agencies from which approval ls
reguired by federal, state or local lar. Issuance of a buildint permit or
certificate of use and occupancy, where required under the Gonuronweal th of
Hassachuset.ts StaEe Buildiog Code, may serve as such certification.
lqtz. Site improvements, I,ftre re more than one (1) principaL stnrcture is
erected oa a lot, no occupaDcy permit for full or partial occupancy of theslte shall be issued until parkinB, access, drainage and utilities serving
t}re structure to be occupied have been compleLed to the satisfaction of the
Tor.rn Engineering DeparLment or a bond for their completion has been posted.
1420. Special permi Ls.
1421. Special permit granting authority. Unless specifically designatedotherwise, the Board of Appeals shal1 act as the splcial petrit grantingauthority. Applications to the Board of Appeals ftr Special pernits stritl-be filed with the.' Town clerk. Apptications to other specia} permit GrantingAuthorlties shall be roade directly to those authorities.
Ya rmou Eh, T.Zoning - 4
1422. Criteria. Special permits shall not be graoted unless the
applicant demonstrates that no undue nuisance, hazard or congesEion
wilt be created and that there will. be no substantial harm to the
established or fuEure characLer of the neighborhood or town.
L423. Public hearing. Special permits shall only be issued followiagpublic hearings held wirhin sixLy-five (55) days after fiting with the
special pernric granting authoriEy an application, a copy of which shall
f orrhr.ri th be given t.o the Towa Clerk by the applicant..
L424. Conditions. Special permits rnay be granEed with such reasonable
conditions, regulations or limitations as the special pernit granBing
authorl[y may deem necessary to seive the purposes of this bylaw.
1425. Expiratioq. Speclal permits shall lapse if a substantial use
thereof or coostrucLion has not begun, excepL for good cause, within
twenLy-four (24) months of special. permit approval (exclusive of time
required to pursue or await the determination of an appeal referredto in G.L. c.40A, $ 17, as amended, froo the traot thereof).
1430. Site plan review.
1431. I,Ihen requlred.
(a) Applications for building permits for new construction or addi.tionsfor the following activities, if involving one thousand (1,000) square
feet or tnore of new ground coverage by structures or paving, shall be
subject to siEe plan review:
. gtust<r ae-u. l?tanncO Be--,clerr1r c-l
'DCue lcp r-nerr+(2) Moblle home parks.
(3) MoEels aad gues thouses.
(4) ^l.l I other nonresidenElaL uses requlring ten (t0) or more
Parking sPaces.
(b) In addition, the Building Inspector uray require a site Planrevlew if he deems J.t necessary ln order Eo determine zoning compliance.
Yarmouth, T.Zoning - 5
L43?. Plans. Plans subject to site plao review shall show the
locatlon and dimensions of the lot; the exact location and size
of any exisEing or proposed buildings, streets and ways adJacent to
the lot; and existing and proposed topography, drives, parking, land-
scaping, park or recreaEion areas, use of sEructures and land, screen-
ing, water, sanitary sewerage and storn drainage; and separat.e plans shall
also shon ground floor plans and architectural elevations of all proposed
buildings and signs, to be prepared (except in the case of one- and
two-family dwellings) by a registered architect or engineer if such
buildings contain thirty-five thousand (35,000) cubic feet of space or
ltrOre.
1433. Procedure. Forrhwith upon their receipt, a copy of the above
plans shall be forwarded by the Building Inspector to the Town Engineering
Department for iEs review and report. No building permit shall be issued
sithout site plan review by the Town Engineering DepartmenE uflIess
twenty-fivc (25) days lapse from the date of referral withour receiPt
of notice of the Town Engineerlng Department's acti.on.
L434. Criteria for review. The Town Engineering DepartmenE shali
revies a slte plan to determine whetler or not. the reguiremenEs of t}le
zooing bylaw are satis fied.
$ r75-1500. Applicability.
1510. Other regulations. This bylaw shall not interfere with or annul any
bylaw, rule, regulation or permiE, provided that, unless specifically excepted,
where this bylaw is more stringent, it shall control.
1520. Conformance. Constructioo or operations under a building or speclal
permlt shall conforo to any subsequenE anendnent of thls bylaw unless tlre
use or construcEion is cournenced si thin a period of six (6) mo rths after the
lssuance of the pernit and, in cases involving construction, unless such
constructioB ls continued through to compleiion as cootinuously and expe-ditlously as ls reasonable.
1530. Nonconformancy. ?he lawful use of any strucEure or land existing atthe time of enactmenE or subsequent anendrnent, of this bylar may be coritinuid,
aLthough such structure or use does not conform vi eh provisions of the bylaw,
subject to the foLlot ing condlEions and exceptions:
1531. Abandonrnent. A nonconforming use which has been abandoned or
discontinued for a period of tllo (2) years or more shall not be
reest.ablished, and any future use shall conform with the bylaw.
Yarmouth, T
l-532. Change, extension or alteratj-on. As provided in c.L. c.40AS.6, as amended, a nonconforming single or two-family dwelling maybe al-tered or extended, provided that the BuilCing Inspector deter-mines that doing so does not increase the nonconforming nature ofsaj,d structure. Other pre-existing nonconformino structures or uses
may be extended, altered or chanoed in use on special permit fromthe Board of Appeals if the Board of Appeals f j-nds that such extension,alteration or chanqe will not be substantially more detrimental tothe neighborhood than the existinq nonconformino use. Once changeC.to a conforming use, no structure or land sha1l be permitted torevert to a nonconforrning use. For the purpose of this section, thechange of a seasonal use to a year-round use shall be deemed anextension of use.
1533. Restoratlon. I'Iecessary repairs and rebuilding after damageby fire, storm or similar disaster are hereby permitted, providedthat they are accornplished without undue delay and do not substantially
change the character or size of the buildings, nor the use to \{hichthey were put prior to such damage.
1534. Nonconforming lots. Except as provided below, lots which donot conform to dimensional or area requirements of this bylaw, as
amended, and which are hel,<r in common ownership with contiguous lotsshaIl not be individualllz built upon unless combined and/or resub-divided so as to nreet the revised dimensional and area requirements.
a) Single lots. Any increase in area, frontage or other dimensional
requirements of this zoning bylaw shall not apply to a lot for sj-nglefamily residential use which at the time of recording or endorsement,
whichever occurs sooner, conformed to then existinq requirenents, hadless than the ne$, requirement but at least five thousand (5000) squarefeet of area and fifty (50) feet of frontage and was not held in
coflrmon ownership with any other contiguous lot at the time of, orsince, the effective date of the increased requirements.
b) Two (2) or three (3) adjoining lots. Any increase in area,
frontage or other dimensional requirements of this zoning bylaw sha11
not apply to a 1ot for single-family residential use, grovided the
plan for such lot was duly recorded or endorsed and such lot vras
hel-d in common ownership wj.th contj-quous lots and had less than the
dimension and density requirements of the newly effective zoning but
contained at least seven thousand five hundred (7500) square feet
and seventy-five (75) feet of frontage, or contained fifteen thousand
(15,000) square feet and fifty (50) feet of frontage if approved under
section 2420 of this byIaw. This exemption shaLl not aPply to more
than three (3) such adjoj,ninq lots held in common ownership.
c) Subdivision and Approval Not Required Plans. Subdivisions and
Approval Not Requj-red plans which meet the requirement set- forth
i'.l'ci ctrapter 4OA sec. 6 are protected f ron certain zoning changes
a period of eight (8) lrears in the case of subdivisions and three
years in the case of Approval Not Reguired plans.
1535. Business and Industrial lots. In a Highway Commercial (General
Business), Business (Limited Business) and/or Industrial district'
irry ltr.tei"e in area or frontage of this zoning bylaw shall not aPply
infor
(3)
Zonino - 6
Yarmouth, T zoning 7
to a lot for business or industrial use which at the time of record-ing or endorsernent, whichever occurs sooner, conformed to then exist-ing requirements, had less than the new requirement but at Ieasteight thousand five hundred (8500) square feet of area and fifty (50)feet of frontage and was not held in common ownership with any othercontj-guous lot at the time of, or since, the effective date of theincreased requirements. Contiguous lots in common ownership shallbe combined and/or resubdivided so as to neet the revised dimensionaland area requirements.
1536. Transitional provisions. The provisions of the above sub-sections shall not prevent a single-family dwelling or a comrnercialor industrial buildinq where so zoned., from being buj.1t upon a lot,or a 1ot conveyed, for a period of three (3) years from the date ofpassage of this arti-cle, (Apri1 13, 1983) provided such Iot(s) werebuildable lot(s) at the time of recording and where certain vestedrj-ghts may be accrued in a subdivision due to substantial improve-
ments having been made on the ground. For the purpose of this sub-section, substantial improvements shatl mean the sum of the following:
removal- of trees, grubbing and rough gradinq of the roadway.
Those l-ots in a subdivision which front on a \^ray which has been
completed in accordance with Planning Board requirements shall be
exempt from the restrictions set forth above for a period of eight(8) years from the date of gassage of this article.
The provisions of the above subsections shall not prevent a two-family dwelling from being buift upon a lot for a period of three(3) years from the date of passage of this article (April 13, 1983)provided such 1ot(s) conformed with the zoning reguirements for
duplexes as in effect on January l, 1983,
1540. Condominiun Conversion. Any legalIy existing conforming or non-
conforming structure or use may be converted to a condominj,um form of
ownership upon the filing of an application to Site Plan Review (section
1430) and a special permit from the Board of Appeals if the Board of
Appeals finds that there is no change in use, that the declaration of
condominium document(s) expticitly define the exlsting 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 written with proper manaoement authority to insure maintenance andrepair of public health and safety aspects (e.9. water lines, sev/agefacilities, etc.) of the property being converted.
A special permit may be issued for an entlre subdivision based upon atypical condominium unit and lot plot p1an, even though said units andIots will, vary within said subdivision. Any fees sh.llI be chargeC
upon a single special permit.
In the case of a motel or hotel use being converted to multi-familyuse (as per secti-on 175-1500 Definitions of this by-Iaw) , the Boardof Appeals may grant sr.ch special permit only if such multi-familyuse conforms to section 175-4200.
Yarmouth, T Zoning 7a.
154I. Time Sharing. Except as provj-ded below, any new or legallyexisting conforming or nonconformj-ng use may be divicled and sold astime sharing, interval ownershiption to and approval by the Boardfamily and multi-family dwel I ingsbe time shared.
r simil unI ts upon applica-
ea1 Single-family, two-ntial districts shalI not
or otheof Appin res
The Board of Appeaor .interval ownersin use of the propthe time-sharing o
Is may ISSU
unl.frhhipert1
special permit allowing time sharingey find that there is to be no change
he deeds or leases proposed underrship contain proper managementproperty is maintained to protectauthority ththe public h
d that tterval owne1 insure that the
and safety.at th
d^^c.+9,.6")e!t \ AC, - tf rO L3
SI75-1600 . Validity.
The invalidity of any section orinvalidate any other sectj-on or
provi s ion sprovi s ions of thishereof.bylaw shall not
S175-1700. Amendment.
This bylaw and its map may be amended in accordance with theprocedures described in I'IGL c.40A s.5 as amended, by the submissionto the Board of Selectmen of a proposed amendnent by the Board of
Selectmen, Board of Appeals, Planning Board, an individual owning
Iand to be affected by said amendment, or by citizens petitionpursuant to tlicl. c,39 s.10, provided that the anplicant, if otherthan a Togrn board or committee, shall, prior to a public hearing
by the Planning Board, pay the cost of notice of the hearing, includ-
ing mailed notices, and reasonable costs of processj"ng the proposed
amendment and holding the public hearing.
Yarmouth, T.
21I0. Theclasses of
Zon i ng - B
ARTICTE II
District Regulations
E lll-ZtoO. Establi shment of distr.icts.
Town of Yarmouth isdistricts:hereby divided into the foliowing
Residential (Res . ):Limited Business (LB )General Business (GB)Industrial (Ind. )wetlands ConservancyEloodplain Zones: V,
R-87, R-40, R-25, RS-25, R-20, R-I5
(wc)
A, B,
(a)
all
2111. Zoninq l,Iap. Residential, Limited Bus j:ress, General Busi-rress and Industrial
Districhs are defiled ard bourded as slu,wr on the IIEIp filed with the To^In Clerk
ard entj-tled " Zoning l\tap, To^in of Yamouth", dated l$ri1, 1983 as rrDst
recently anerded. Ttris nnp and all explanatory matter tlpreon is hereby made partof this b[rla$r.
2112.Wet I ands Conservancy Di stri ct
The l'/etlands Conservancy District shall consi st of all water bodies, and
lands in the Town of Yarrputh containing the following soils:
( I ) Pea t.
(2) Coastal beach.
( 3 ) l'luck.
(4) Sanded muck.
(5) Freshwater marsh.
(6) Tidal mar sh.
0) Au gres; loamy coarse sand, zero-percent to three-percent slopes.
(8) Saugatuck; sand, zero-percent to three-percent slopes.
Zoning - 9
(b) For purposes of general reference, detailed soil survey fieldsheets $7ill be kept on file with the Town Clerk and wiEh t.he planning
Board. The final determination of the location of boundaries for theConservancy Distrlct sha1l be based upon site soil analysis.
?113. Floodplain Zones. The Floodplain Zones are defined and bounded as
shown on the map filed with the Town Clerk and entitled "Flood Hazard
Boundary Map H-OL-O4, Flood Insurance Rate Map l-O1-O4, Town of Yarmouth.
dated May 2, L977rn and as approved by Yarmouth Town Meeting, April L2, L9?7.
This map and all explanatory matter thereon is hereby made part of this- bylaw
2114. Business Districts". In a Business DistricE, Ehe rear boundary line
shaLl be the existinB rear boundary loE lines as of March 15, 1946, noE to
exceed, hor:ever, one thousand tr.ro hundred (1r200) feet in depth.
2115. Highray Conroercial Dist.ricts. In a Highway Conrnercial District,,
Ehe rear boundary line shall be the existing rear boundary lot lines
as of June 24, L97L, noE to exceed, however, one thousand lwo hundred
(1,200) feet in d ep th.
2120. Reat Doundary lot line. The rrrear boundary lot Iinerrr for purposes ofdistrict definition, is defined as that boundary tine of a lot shown on a ptanof land or described by deed, recorded with the Barnstable County Registry of
Deeds, which is opposite the street line of Route 28.
2130. Lots in two distrlcts. Where a disEricE boundary line divides a
1ot in exlsEence at Ehe time such line is adopted, the regulations for Ehe less
restrlcted portion of such lot shall extend not. more than thirty (30)
feet lnto the more restrlcted portion, provided that the Iot has frontage
on a street ln Ehe less restricted disErlct.
Yarmouth, T.
Yes
NO
BA
Yarmouth, T Z oning IO
L75-2200 Use Regulations
2210.Application. No building or structure shaIl be erected and nopremises sha1l be used, except as set forth in the Use RegulationsSchedule. If a use is not specificalfy a11owetl, by right orspecial permit, it shalI be considered to be not allowed unless anappeal is taken under section 1323 and it is shown beyond areasonable doubt to be of similar nature and at l-east no morenoxious nor detrimental to the wel-fare of the neighborhood thana specifically allowed use.
The various cl-asses and subclasses of uses listed here come,generally, from the Standard Industrial Classification Manual of
1972 developed by the Office of !,lanagement and Budget. While that
manual may be used from time to time as a guide for clarification,the final application shall be as the " common man" would interpretthese uses in conjunction with the intent be1ow.
2220.Intent. ft is the intent of this section to promote a choice in
housing types, including that for transients and broaden the
economic base of the to\,irn and create employment while at the sametime protecting the public health by preserving air, water and
ground water quality and enhancing the public welfare throughregulations or banning land uses which are noisey, dusty, dirty,
sme11y, d.angerous 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 al1ey maybe noisey to a bowler, it will not be so to the public driving past.)
2230.
More than one use. where a proposed use might be classj-fied under
more than one of the following classes, the more specific classifi-cation shalI determine permissibility; if equally specific the
more restrictive shall prevail.
2240.
Symbol s .
mean the
The slrmbols used in the Use Regulations schedule shal1
following:
permi tted
proh ibitedpermitted only underpermit issued by the
a sPecial
Board of Appeals.
I75-2300 Use Regulation Schedule
RES I DENTIAI
AI SingIe-family dwe I L ingA2 Two-family dwe I I ingA3 Multi-famiLy dwelling (in cluster/PRDA4 Cluster/planned Res. DevefopmentA5 Boarding or Iodging houseA6 GuesthouseA7 Hotel or motelAB MobiIe homeA9 Mobile home park
only )
AGRICULTURE, FORESTRY E FISHINGBI Agricultural production of crops82 Agricultural production of Iivestock(except on feed lots - then no)B3 Agr j-cu I tural service agenciests4 Forestry, fishing, hunting & trapping
MINING AND MINERAL EXTRACTTONCI Mining & mineral extraction (including
sand & gravel pits )
CONSTRUCTIONDI General building contractors yardD2 Heavy construction contractors yardD3 Special trade contractors yard
I.IANUPACTURING *El F'ood & kindred Products ( except no
manufacturing of fats, oils & shortenj.ng)E2 Tobacco products rE3 Textile milI products ( except no dying,
finishing of yarn & thread mills or
coated fabrics )E4 Apparel and other textile producls
E5 Lum]cer and wood products
( rexcept tJood preservinq BA
plywood & particle board BA)E6 Furniture ! f ix tures
yes
no
no
no
no
no
no
no
no
no
no
no
no
BA
BA
no
no
no
no
no
no
no
no
no
no
no
no
RS-25 LB GB Ind.llc
B
q,hzo
ft
F,
A
yes
yes
BA-I4
BA
yes
BA
BA
no
no
no
yes
BA
no
no
no
no
7yesT
yes
yes
yes
no
3no
3
4,13
yes
BA
BA -14
BA
BA
BA
yes
BA
BA
7yes
yes 7
2yes
yes
no
yes
yes
BA
yes
9
7yesT
yes
no
yes
7yesT
yes
7)'es7yes
7
7
no
yes IO
C
D
E
no
no
no
no
no
no
no
no
no
no
no
no
no
no
BA BA no
no
no
no
no
no
N\J
no
no
no
no
no
no
no 3
no
no
no
no 3
no
no
no
no
3
3
(((
no no no no no
Res.
yes
yes
BA-14
BA
yes
yes
yes
no
BA
9yes
BAg
yes
9ryes
9,est9
yes
9,est9
yes
9yes
N
aP,)\o
I
(((
l MANUrACTURING (contrd. )El Paper & allied products (*except BAfor manufacture of products frompurchased paper & allied material).E8 Printing and publ ishing(*except BA for printing)E9 Chemical-s and allied productsE10 Petroleum c coal products811 Leather & leather products(*except no for tanning a finishing)EL2 Stone, clay and glass productsE13 Primary metal industries814 Fabricated metal products (*except nofor coating, engraving a alIied services815 Machinery except e lectricalE16 Electrical and electronic equj-prnentEI7 Transportatj-on equipmentE18 Misc. manufacturing industries
TRANSPORTATION AND PUBLIC UTILITIESF1 Railroad transportation terminalF2 Local and commuter passenger transport.terminal (inc1. bus, cab, rail eother transp. )F3 Trucking and warehousingF4 Water transportationF5 Aviation fieldF6 Transportation servicesF7 Communications fac il itiesFB Public ut iI ity
Res. RS-25 LB GR Ind .WC
3nonono no no no
9,13nonoyes 9yes *9yes no
0,r-l
rt
Fl
no
no
no
no
no
no
no
no
no
no
no
no
no
no
yes *9
no
no
no
no
no
no
3
no
no
no
)
no
no
no
no
no
no
no
no
no
no
9yes
no*oBA-
no
no
no
3
3
3
3
3
3
3
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
BA
BA
BA
BA
9
9
9
9
F 9no
no
no
no
no
no
no
BA
yes
BA
no
no
*9yes no
no
no
BA
no
BA
no
no
no
no
no
no
no
no
no,o4
Yes,
YCS,yes
no
BAto2
yes
BA
BA
9yes
BAnoB
yes
BA
BA
no
no
no
no
no
no
G
H
T{HOLESALE TRADEGI Wholesale of
( *except durable or non-durable goods no
No for petroleum products
No for chemj-cal & allied products
No for junk yard s )
no
yes
yes
yes
no
REIIIAIL TRADEHI Building materials & garden suppliesH2 General merchandi-ze storesH3 Food. stores
4
4
4
9
9
9
III
No5P'5(a
PN
no
no
no
no
no
no
BA
BA
BA
no
no
no
no
2yes2
yes2
yes
Res.RS-25 LB GB Ino.
p,
Hco6rt
Fi
BA
H
FINANCE, INSURANCE AND REAL ESTATEII Banking and credit agency officeL2 Security & corunodity brokers & servicesI3 Insurance carriers, agents & brokersoffice14 Real estate managers, agents & service
of f iceI5 Hol.ding and other investment office
no
no
no
no
no
BA4
yes4
yes
YCS,yes
BA8
yes
yeE
BA.
yes
no
no
no
no
no
BA
no
BA
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
8,9no
no
no
no
no
no no
yes BA
8,9no
2yes
2
2
2
2
BA
BA
gr9
9no
no
no
no
no
yes
yes
yes
yes
yes
yes
yes
*8r9
9
8
8
9
9
2
I
no
no
no
no
no
no
ves^'2yes2
yes
BA
BA
BA
no
no
no
no )
BA
PERSONAL SERVICESJI Laundry, dry cleaning cJ2 Photographic studiosJ3 Beauty and barber shopsJ4 Funeral homeJ5 Shoe repair shop
J6 Miscellaneous personal
garment services
se rv.I ce s
no
no
no
no
no
no
no
no
no^
BA-
yes
BA
no
no
no
no
no
no
no
no
no
no
no
no
4
4
4
2
2
2
4,!3
4 ,134,13
13
4
4
yes;
yes
yes
yes
yes
yes
)
yes
yes
yes
)
)
2
2
2
2
2
2
K BUSINESS SERVICESKl Advertising agenciesK2 Consumer credit reporting agenciesK3 ttailing, reproduction, commercial art
and stenographic servicesK4 Building cleaning & maintenance services
K5 Extermination servicesK6 News syndicatesK7 Personnel supply servicesKB Computer & data processinq
yes
yes
yes
BA8
no
yes
yes
yes
9
8I
8
4,L3
L3 ,4 yes
yes
yes
yes
yes
N
aH.Iq
ts
9
(
no
no
no
no
no
no
no
no
no
no
4
4
4
8
8
8r9
RETAIL TRADE (cont'd. )H4 SaIe of autos, boats, motorcycles,
mopeds or other motorized recreationalvehicles ( includes service asaccessory to sales )H5 Sale of trucks, mobile homes or otherheavy motorized equipment ( includesservice as accessory to sales )H6 Motor vehicle servj,ce and repairincluding service stationH7 SeIf service fuel stationHB Apparel and accessoriesH9 Furnj.ture and home furnishj.ngsH10 Eating & drinking establishmentsHIl Miscellaneous retail stores(*except BA for fuel oil dealersino junk yards in any di_strict)
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
(
J
(
K
L
BUSINESS SERVICES (CONIId. )K9 Detectj.ve agencies & guardK10 Motion picture production,
& servi-ces
se rvice s
di. s tr ibut ion
Res. RS-25 LB Ind -wc
F<
A,n1o
rf
Fl
MOTOR VEHICLE SERVICESLI Auto, bus, truck & trailer rentalL2 Commercial parking lotsL3 Mechanical- repair shopL4 Auto body & paint shopL5 Other auto servicesL6 Junk yard or similar
MISCELLANEOUS REPAIR SERVICESI{I Electrical repair ( includingrefrigeration & air cond j.tioning)
M2 Watch, clock & jewelry repaj-rIvt3 Reupholstery & furniture repair(*except no for paint stripping)M4 Misc. repair shops & related servj-ces
PROFESSIONAL SERVICES01 Doctors & dentists offices02 Legal office03 Engineering a architectural office
04 Accounting, auditj.ng & bookkeeping of fj-ce
05 Management, consulting o publicrelations of f ice
no
no
no
no
no
no
no
no
no
no
no
no
BAyes
BA
BA
BA
no
yes
yes
BA
BA
BA
no
no
no
no
no
no
no
no
no
no
no
BA
no-Ino
BA
no
no
no
no
no
to12
no
no
no
yes
yes
yes
yes
4
4
4
4 r 13
yes
yes
yes
yes
yes
no
yes
yes
yes
yes
yes
IY€S*yes
BA8 ,
no
no
8
9
9
9
9
o
no
no
o
8r9 no
M 2
no
no
no
no
2)
2
BA
BA
BA
BA
BA
BA
BA
BA
BA
BA
13BA BA
,98,9
9 no
N
no
no
no
no
no
no
BA
BA
BA
BA
BA
BA
no
no
no
no
no
no
no
no
no
no
BA
BA
yes
BA
BA
yes
no
BA
BA
BA
BA
BA
no
no
no
no
no
no
yes
no
BA
13BA no
slo
ts.
(a
P
o L21t
t2
t2
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
BA
BA
BA
BA
BA
2
2
2
2
2no
""1,
*ri;
no
no
no
no
no
no
{(
GB
AMUSEI4ENT & RECREATION SERVICESNl Movie & drive-in theatersN2 Dance hal1s, studios & schoolsN3 Theatrical productions, incl. bands,
orchestras & entertainersN4 Bowling alleys & billiard establishmentsN5 Professional sports establ ishmentsN6 Public Aolf courseN7 Coin-op amusement arcadeNB Private sports & recreation clubN9 Municipal recreation useNlo Temporary (not to exceed 9 days)
outdoor recreationNlI other miscellaneous amusement andrecreat ion services
no no y."44 y".3 yus| . sno no yes yes yes
Res.RS-25 LB GB Ind.WC
p,
B7o
rt
€
s9ye
BA
BA
o PROFESSIONAL SERVICES (cont 'd. )06 Research & development office07 Veterinary office (including kennetl08 Other professional office
INSTITUTIONAL SERVICES
Pl Educational institutionsP2 Religious institutionsP3 CemetaryP4 HospitalP5 llursing & personal care facilityP6 Non-profit social service facilityP1 Day care f ac j.lity
PB Non-proflt private cIub, civic or
f raternal organizationP9 Museum, art gallery, botanical orzoological garden
PIo Municipal use
ACCESSORY USES
Q1 Temproary construction trai ler
Q2 Parking fcr more than two car.s
03 Other accessory uses if customarilyincidental to any of the abovepermitted uses and not detrimentalto the neighborhood.
Q4 Parking or storing of vehicles ortrucks with 12 wheels or more orvehicles capable of hauling 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
no
yes
yes
BA
BA
yes
no
no
no
6no-bno
no
no
no
no
no
no
l-2 2
P
yes
yes
BA
BA
no
BA
no
BA
yes
BA
yes
BA no no
tsA BA
I1yes
yes
no
no
no
no
no
no
yes
yes
no
no
no
no
yes
yes
yes
BA
yes
yes
yes
yes
no yes
no BA
BA BA
yes yes
yes
yes
BA
BA
BA
BA
yes
BA
yes
yes
BA
BA
BA
BA
yes
BA
yes
yes
9es
9
o
no
no
no
no
yes
no
no
5
yes yes
noBA
NOTES:t
2
1
Except tryesrr if not for profj.t and in existence in the town prior to January L, L964.NoOnIy when the bulk of display and sales are conducted hrithin a building.Except "yes" if the major portion of the products are to be sold at retail by the manufacturer !'and if there are not more than four (4) employees directly involved in the manufacture.Not involving manufacture on the premirses except of products, the major portion of which areto 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.
!
P
P.
((
4
yes
yes
yes
yes
no
BA
(
(
NOTES (cont'd. )
5 Shall 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 G.L. c.40 53, as amended,Except that retailing shaIl require a Special Permit.Provided that all but minor work and storage sha1l be conducted within a buj-ldingsound-insulated to confine disturbinq noise to the premises.
Fisufficiently'
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 noxj-ous or objectionable features, nor harmful to -surface or
ground water quality.Except "no" for trapping and hunting.For non-profit use only, including Free Public Library.Altowed BA as an accessory use in a dwelling provided that it is the principal residence ofthe person utilizing the office space.Except BA in the Busj-ness District on Station Ave. north of Old Town House Road and south of
Route 6.Except that multi-family dwellings are not allowed north of Route 6 (I"lid-Cape Highway).
((
PJft
7oicf
6
7I
9
101I
L2
13
I4
No
ta
P
Ed
Yarmouth, T. Zoning -lJ
E ttyz4oo. Intensity of use regulations.
2410. Building. Al.l bui lding in any district shal I meet the minimum
dut,(,
le un I ess
5, as amended.
requi rements set forth in the following Intensity of Use Sche
otherwise expressly provided by this bylaw or by G.L. c.40A,
2420. Minimum frontage reduction.
242L. Residential Districts. The minirnum required frontage naybe reduce<1 to fifty (50) feet in a residential district if thelot is capable of containins a square each side of which is equal.to the mi.nimum frontaoe normally required in that district. Thewidth of any fot, bettdeen the street line and the proposed buildingsetback line, sha1l be no less than twenty (20) feet.
No point along anya distance from the
side of
street the above requi s.i. t',e square shaIl exceedgreater than the f o11or,,'ino:
Illaximum Di starrce f rom StreetDistri.ct- R-r-=-
R-40
R-25
RS-25
R-20
R-I5
750
500
400
400
375
325
feetfeet
f eet
fee tfeet
f eet
2430. Front yard. No building need be set back nrcre than thirty percent CeA)of the depth of the lot nor more than the average of the setbacks of the
bui ldings on the lots next thereto on ejther side, a vacant lot or a lot
ecupied by a building set back npre than the required front yard setback
being counted as though occupied by a bui lding at the setback line.
2440. 8ui I di ng hei ght. The hei ght of any bu'i I di ng erected i n any di stri ct
shall exceed neither thirty-five (35) feet nor two and one-half (2%) stories;
provided, however, that rnotels shal I not exceed thirty-fjve (35) feet or two(2) stories. The height of any building shal I be measured from the highest
point ofay roof or parapet to the average finished grade on the street sjdeof 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 more than ten (10) feet. Height limitations shall not apply to chimneys,
spires, cupolas, television antennas and other Parts of bui ldings not intended
for human occupancy.
Yarmouth, T
5175-2500 Table of Dirnensional Requirements (A)
Minimum Yard in Ft.(D,E)
Front.(r)DistrictZoning
87, l20R-87 7540,000R-40
30
30
50
20 2025,000R-25 150 20
25, 000RS-25 150
30
30
I5
I5 20
P.-20 20, 000 t25 20
R- 15 15,000 t25 20
LB r00 2010, 000 (M)
l. 2, 500 (!!)l2s(H)J
30
30
20
I5
25
I5
t5
20GB
l0(K)30
Dimensional |iinimunLot Sizein sg. ft.(B,Cl
Mr n imum
Fr on tagein feet(r,G)
equirement
200
I50 25
25
25
25
_) (.
50
50Ind.40 0co 100 30(K)35
Notes:(A) See section 4200 for dimensional reguirements in a cluster of
multi-f ami ly development .(B) Motels/hotels, where allowed, shall have a minimum lot area of
25,000 sq. ft, and shall be constructed at a density of not more
than one (I) unit per one thousand (1000) square feet of 1ot area
and shatl conform to the minimum 1ot size in the table above.(C) Two-family dwellings, where aLlowed, require twice (2 times) the
normal minimum lot si.ze of the district.(D) The following are speci.fically excluded from these regulations:l. fences, walls, poles, posts, paving and other customaryyard accessories, ornaments and furniture, and ranps,landings and similar structures needed for handicapPed access.2. cornices, window sil1s, belt courses and other ornamentalfeatures may project not more than eighteen (18) i,nches;
bay/bow windows, greenhouse windows and eaves may project
not more than twenty-four (24) inches, and chimneys may
project not nore than thirty-two (32) inches intc anyrequired yard.(E) Side and rear yard setbacks for accessory buildings less than
one-hundred-fifty (l-50) square feet and single story,' shaIIbe six (6) feet in all districts, but in no case built closer
tiran twelve (12) feet to any other building.(F) Corner lots shal1 have a minimum of one hundred (I00) feet on
each street.(G) See section 242O for reductldrrs-folnfnimum frontage.(H) Lot t^ridth shall at least meet the minimum frontaqe lcr a Je2t-l
of one hundred (100) feet.(I) No building need be set back more than thirty percent (30?) ofthe depth of the lot nor more than the average of the setbacksof the bui,ldings on the lots next thereto on either s:-de.A vacant lot or a lot occupi.ed by a building set back more thanthe required front yard setback shal.l be counted as though
occupied by a building at the setback line.(J) Except for lots adjoining and southerly of Route 5 along StationAve., seventy-five (75) feet.(K) Except where the district abuts O1d Town House Road, seventy(70) feet; or except where an Industrial District adjoins a
lia x imumBuildingCoverage t
Zoning - 16
30
Yarmouth, T.Zoning - 17
(L)
(!4 )
Residential District, no business or industrial building shallbe within fifty (50) feet of the district boundary.Except reduce to twenty-five percent (253) in the case of adwelIing.Except the minimum 1ot size for single-family dwellings shallbe fifteen thousand (15,000) square feet.
Yarmouth, T Zoning -18
ARTICLE III
General Regulatlons
g 175-3100. Parking aod loading requlrements.
3110. Intent and applicatlon of parking reguLrements.
3111. It ls the inEent of thLs section that adequate off-streeu parking
Dust be provided withln a reasonable dlslance to servlce all parklng
demand creaEed by new consEruction, \rhether Ehrough new strucEures or
thrgugh additlons to exLsting ones or through change of use creatl.ng
hlgher parking demand.
3112. Bulldlngs, sEluctures and land uses ln exisEence on the effecrlve
date of these provisions are not subject to these off-street parking
requLrenents and nay be rebuilt, altered or repal.red, but not enlarged or
changed ln use, wichout becoming subJect to these requireEents.
3113. Io applying for buildlug or occupancy penoits, che applicanE Eust
denonstrate that the uini.mum parking requlrements seE forth below lril1
be met for the new dprnend, without counting existing parklng necessaryfor exlsting uses to DeeE Ehese requireEenEs.
3114. The ol.nlmr.ms of Section 3120 nay be reduced oD spec:.al perEit
fron the Board of Appeal,s, upoo Ehe Boardis deterninatlon that specl.al
circunstances render a lesser provision adequaEe for all parklng needs.
Exanples of special clrcu.EsEances include:
(a) Use of a coEnron parkiog lot for different uses havlng peak deoauds
occurrl.ag at dLf f ereEt ti.Des.
(b) Age or other characcerlstlcs of occupants whlch reduce their auto
usage.
(c) Pecullarlties of use whlch reuder usual Eeasureseo.ta of d.-^od
lovalld.
3120. Schedule of Off-Street Parklng RequireDeots.
RESIDEIITIAL
Dt,elling unlt having 3 or
more bedroons
2 spaces
Drlelllng unit having fewer
thao 3 behroons
l space
Yaroouth, T.
Guesthouse, lodging house,
other group accomodatlon
Eotel or Eotel guest units
Nurslng hoEes or hospitals
NONRES IDENT IAL
Industry, including ware-
houses or oEher structuregfor scorage, dlstribution
or wholesale trarketing
Retail business/consuruer
service
Office, professLonal,
adnlnlstrat.l.ve, banks
Restaurants or establish-
ments licensed as a corrmonvlctualer or businesses
purveylag food ready to be
consuoed on or off prenlses
Places of publlc assembly,
lncludLng school and church
auditorluns, llbrarles, mu-
seums, clubs, theaters, u!-
dertakJ.ag establlshnents,
bus depots aDd recreatloufacllities not listed else-
shere in thLs table
Zoning -19
1 space/,, person accomlo-
dated
1 space/guest unLt, plus
1 space/l0 gueet unlts orfraction thereof
1 space/3 beds
1 space/l.3 enployees on
the largest shift, but
capable of expansioa tonot less than 1 space/300
sq. ft. of gross f!.oor area
I space/200 sq. ft. gross
leasable floor area, plus
1 space/separate eDterpr{se
I spaee/3 occupants as
deteruined by Table 6-1,
l.lassachusetts SEate Build-
Lng Code
I space/200 sq. ft. gross
grouno floor area, plus
1 space/400 sq. ft. grossfloor area ou all otherfloors excluslve of storage
sPace
1 spaceT3 seats or, for es-
tablLshments where sone orall custoBers are not
served food at their seals,
10 spaces for each food
service statLon or person
dlspensing food, whicheverla greater
YaroouCh, T.
Bouling alley
Tennis courts (except that
there shall be no requlre-
Eent. whao a slngle court ls
located as arr accessoay to
a siDgle-fanily dwelllng on
the same 1ot)
Marlna
LaundroloatB
Gas/servlce statLons
Zonlng -20'
4 spaces/alley
3 spaces/courE
1 space/boat capacity
1 space/2 machiues
3 spaces/service bay, but
not less thaD one space/100sq. ft. of gross floor area
A11 other uses Parklng spaces adequate to
accomodate under all nornal
conditions Ehe vehicles of
occupaots, employees, neo-
bers, customerlr, clients and
visLtors Eo the preEises, as
determined by the Bullding
Inspector on advise of the
Planning Board
3131. Off-street parklng spaces, each not less thau ten by tlreoty
(10 x 20) feeE per vehLcle, excluding the PorBion of the drLveway to
each such space, shall be provlded on the sane 1ot. Eovevet, drlveway
hrea outslde of a sEreet right-of-way Day be counted for off-street
parklug rhen serviug a slngle-farnily dwelling. In the Hlghway CoIrEer-
clal aud Industrial DistricEs, parklng spaces E:ry be located oa another
1or withln a radLus of tlro hundred (200) feet and ln the same zonlng
dlstrlct.
3L32. A11 requlred parki-ng areas except those servlng single-famlly
resideuces shal1 be paved, unless exempted oo speclal perolt froE the
Soard of Appeals for eases such as seasonal or perlodic use where a
proposed alternatlve surface w111 prevenr dusE, erosioD, or unslghtly
condltions. Dralnage facllltles for each parklng area shall be design-
ed and consfructeil to coBEalu sEor@rater runoff on the prerises.
3130. Parking area design and location.
Zoning -21
3f33. Parking areas for ftve (5) or more cars sha1l be designed lriEh
enough Eaneuvering space so that. vehicles need not back onto a public
way, the areas deslgnated in Subsection 3136 and other parking spaces.
3134. Center lines of driveways serving twenty (20) or Eore parklng
spaces, lf egressiog onto a state-nuubered or state-rnaintained highwayor onto a streec improved under the Chapter 90 program, shall observe
nlnirnum separatlons as follows, unless precluded by lot confLgurationln existeoce on the date of adopclon of rhis bylaw:
(") Fron orher such driveways:
(1) Same side of road: five hundred
(2) OpposiEe side of road: zero (0)
feet.
(b) FroE intersecEing street slde
(500) feec.
or two hundred fifty (250)
line: two hundred
feet.
fifty (2s0)
3135, Parking areas for five (5) or more cars shall be separated froro
any sEreet l1ne by an area twenty (20) feet lride and fron any other
properEy line by an area ten (10) feeE wide, free of any pavlng exceptfor entrance and exlt driveways and maincained wiEh vegetation or orher
organic naterial.
3136. Parking lots for five (5) or more cars shall be screened froo
any abutting residential, use or discricr which ls abutted or separaeed
froo 1c by only a streeE. ScreenLng shall be by a four-foot-Ltlde
planting strlp EaiBtained with densely planted shrubs not less than
five (5) feet ln height, or by gradlng. Fences or walls may be a Partof such screening where deerned necessary, but shall not be suiEable as
a substltute therefor or Ehenselves be lefc unscreened froE abutting
areas,
3137. Parking lots for twenty (20) or urore cars shall contaln at least
one (t) c."" of tuo-inch caliPer or larger Per elght (8) cars, to be
located sithin the parking area in soil plocs allowing not less than
forty (40) square feeE of unpaved solI area Per tree' or to be located
r.rlthin five (5) feet of the parking Iot.
Yaroouth, T.
No exlsting parcel shall be subdivided into lots wirh frontage shich
would preclude Eeeting Ehese requirements unless access rights-of-Hay
are provided across adjoining lors. Driveways subJect to this section
shal1 have four hundred (400) feet visibility in each travel direction
and shall each comprise not more than cwo (2) rravel lanes, each noE
Eore than twelve (12) feet in r.rldEh at the lot 1ine.
Yaruouth, T Zoting -22
C USES3138, No parklng lot sha1l be illunlnated in such a way that itglare for EotorisEs, pedestrians or neighboring premises.
3L40. Loading requiretrenEs.
3141. Loading zone criterla. Adequate off-street loadlng facili.ties
and space nusE be provided to service aI1 regular needs created by new
constructioq, whether through nelJ structures or additlons to o1d ones,
and by change of use of existing structures. Facllities shall be so
sized and arranged thaE no vehicles need regularly back onto a publlc
way or be parked on a public way while loading, unloading or vaiting
to do so.
3142. ApplicaEion requiremenEs. Prior Eo issuance of a permit for con-
struction of a new strucEure, addltlon to or alteration of an exlsting
structure, or change of use, the Buildlng Inspector rDay require that
the appllcant subait infornation concernlng the adequacy of existing
or proposed loadlng facilities on the parcel. Such informatlon may
include a plan of the loading area showing iEs size and lts relationship
to bulldlngs, parking areas and public ways, docuientation of the types
of goods and,/or persons being loaded and unloaded froo vehicles, the
expected types of vehicles to be serviced at the loading area, and the
expected noroal hours of operatLon. The Build j.ng Inspector'shall use
inforoation to deterEine whether or not rhe criteria of Subsection 3141
above are Det. In naking such deteroination the Building Ins.pector
shal1 seek the advlce of the Planning Board and the Town Engineering
Departtrent.
$ 175-3200. Fil1ing.
No person shall fill any area in the Towrl of Yarnouth Eith earth, concreEe
or other oaterlal to a depth Ln excess of five (5) feet lrithouE a penrlt froE
Bhe Building Inspector. Said InspecEor o:ry require an applicant for suchperEit to furnlsh such plans or speclfications as he uay deem necessary and
any perolt issued hereunder nay contaln such provisions, condlEions or liolta-
tl.ons as he nay deen necessary to prevent dust, eroslon, silting or otherinstabllLty, and storEsaEer diversion onco adJoining properties.
zonng - 23.
S 175-3300. Sigms.
Deflnition: Slgn sha11 mcan any device deslgned to infonD ;r attract
attentlon of persons not on the prenises on uhicb the device ls located
or promoting.
In buslness ,h I chr.'ay cornnrercial and lndustrial zones, exclusive of business
zoned dlstrlcts shot rr as sectlons 2l and 23 on the zoning map dated December
26, L972; one free standing sign per establishnen! having a maximum area of
18 square feet ulth a rnaximum uidth or height of 8 f-et is allor.red. On
doubled faced signs, only one slde ls to be counted. All advertising. or
lettering shal1 be contained uithin the borders of said 18 square foot sign.
Unlettered sculptures sha1l be allowed in business, highuay cornmercial and
industrial zones as long as they are located a minimun of 15 feet back froo
the front property line, sha1l not exceed a rnaximun of 15 feet. Sculpturesshall not be interior lit and shall have no lettering other than thesculpturets signature. Sculptures may be illuninated aE night uith spot-lights, subject to approval of the Building Inspector. All scuJ.ptures shall'
be naintained ln a safe and neat condition to the satisfaction of the Office
of the Building Inspector
ARTICLE II - Location
Sec. A - No part of any sign shall be closer to the lot line than six feet.
Sec. B - No slgn shall be erected that shall in any u,ay create a traffic
hazard, nor shall lt ln any uay obscure or confuse trafflc control.
Sec. C - No part of any sign shall be more than fifteeo (15) feet in height
above ground level.
ARTICLE III - Attached Signs
(he single face sign per establishoent, attached to only one rrall of one
butlding is alloued; said sign is to be no higher than two feet and lrave a
length of Dot rDore than one-third) 1/3 of the runnl.ng footage of .the uldth
of the face of the building to uhich the sign is to be aff{xed, but in no
instance is the square footage of said sign to exceed sixty (60) square feet;
and said sign sha11 not extend more than one (l) foot fron the front of the
bullding nor extend above or beyond the roof line of said building.
ARTICLE IV - Buslness Center SiBnE
YarlrDuth, T.
ARTICLE 1. - Size
Sec. A - A BusLness Center, defLned as a grouping of businesses in one corEDon
plaza or shopplng ceDter, uay have only one (1) free standlpg sign, not
exceeillng eiglrteen (18) square feet in area, with the advertising area
divided among the business enterprises or identtfylng the Business Center nalDe
or both.
Sec. B - One slgn for each business attached to only ond wall of the buildtnB
ls alloued; said slgns are to be no higher than tr.,o feet and have a length
deteroined -by the percentage of each business' frontage, sith the aSSregate
length of said slgns to be no Dore than tl3 ot the running footage of the
tarnrnfth,'t.
utdth of the face of the building (5
lnstance ls any slSn to e)(ceed 3lxty
Dot extend above or beyond the roof
shall not proJect more than one foot
Zonirg - 23A.
) to uhlch they are affired; but in no
(6O) sguare feet; and sald slgns shall
llne of sald bullding (s); said signs
f rora the faee of the bulldtng (s).
Sec.C - If a buslness ln a Business center has a rear or side public
€ntrance, a secondary attached slgn, no larger than (4) four square feet
shall be alloped at salil entraDce.
ARTI CLE V - Illumlnatlou
Illuralnateil slgns shall not have eny Blare dlstractLng to il:'ivers nor shall
there by any exposed neon or gas-tube-fllled slgns in.colors that L'ill coD-
flict rrlth the abLllty to readily s€e trafflc lights or cause any hazardous
condltions, nor shall tbere by eny noving or animatetl parts. or flashlng
lights or beacons, nor flourescent palnt used on signs.
ARTICLE VI - Contents
Sec. A - Supporting posts, plllars and srns shall not exceed I0" by lO"
rrith no aih'ertlslnS, allolrable oD sald Posts' plllars or arDs.
See.C - Only slgns pertaining to ldentlflcatlon, proilucts, acconrnodat lons,
servlces, or actlvlties on the premlses shall be alloseil.
Sec. D - Natlonal Ailvertlslng Enblenrs: Ttrere 3ha11 be no roore than trro
(2) such embl ems of not lpre thaa sLx h,undreal (6O0) sguare lnches per
eniblen. Sal.il eublears rtay bd attadred el.ther to the builillng or. contalneil
ulthlD the 18 square feet of the free standLng sigr.
Sec.E - Sl.gns on uays erecteil as publlc convenience rvtll be llrnlted to
so-c.lleal counmLty itlsplays antl shall regulre e perult to be lssueil by
-.- tla Eu1ldtnS trnspector {a accorilanse rtth C.L.Chapter 85, Sec. 8.. Theseulll be llulteil to a araxLnuu slze of 5ll r 40" anil Lnclude onl-y thc'buslnessldentlflcatloa. Letterlng to be tlack on a rrhtte bactgrormtl.
Sec.F - ?ennantr, ttreamers, atlvertlsLng flags, splnners or simllar dievlces
are prohlblte<i. No rodre than three (3) goiernu,ental flegs on any onc
premlse is alloued uithout !eruission from the Sign .RevIeu Board.
Sec. G - Unlettereil sculptures shall be alloped Ln buslness, bighuay coe- .
merclal and lnilustrlal zones -as long as th ey are located a minlmum of 15feet back froo the fiont property llne, shall not exceed a maxlmun of 15
feet,and shall be properly ceroenteil ln place- Sculptures slall not bcLntcrlor llt anA shall havq no letterlnt other thao tbe sculptorrs signaturc.
Sculptures nray be lllurolnatetl at nlght uLth spotlig}ts; subJect to approvalof the Bullillng fnspector. Atl sculptures sball be naintal.nedt ln a safe
and neat conditlon to the satisfactlon of the Office of the Building fns-
pect or.
-2-
Sec. 3 - No slgrr stlell contain aoy moving Parts, excePt such portlons of
a sitn as conslst soLely of lniticators or time and/or tenPerature uhlch.-
shall be regardeil as a publlc servLce. D
YaErEn-ttI, T.': AXTICLE VII - )lalntenance
Sec. B
perr[It
Board.
rander
Zornrry - 24.
All slgns, Lrhether erected prlot to the effectlve date of this section ornot, shall be nralntaLned in a safe and neat conditlon to the satisfactlonof the Offlce of the BulldlnB Inspector.
lnTI CLE VIII - Off Prenlse Slgrs
ftlere shall be no off premise slgns, uith the exception of the cornmunlty
signs as outllned ln Artlcle VI, Sec. E.
IRIrCLE Ll( - In resLdential zonlng dLstrlcts and business zoned districts
shoun as sectlons 2l and 23 on the zoning uap dated D6cem'ber 26, L972.
Sec.A - No slgn shall be of tbe neon type or gas -i llurninat ed-t ube type, or
4o slgn slall have flourescent type paint.
Sec. B - One (1) slgo sha1l be ellor.red pertalning to the lease, sale or
occupancy of a lot or building on which it ls placed. Ttre slgn shall
not exceed a total area of stx (6) sguare feet.
Sec.G - A penDanent sign denotlng a profession uill be allouetl in a resi-dentlal zoning area giving narne and occupation of resident. Ttre size shallnot exceed tuo (2) sguare feet in area. Only one slde wlll be counted. llo
fee or peruit will be required. t,
Sec. D - A real estate developoent shall be permitted the same sign slzes
as allor.red Ln a business district as long as active bullding and selllng
are taking place. Such signs shall be removed u,lthl.n thirty (30) daysafter such actLvLtles cease.
Sec.E - Businesses alloueil in a residentlal zoning dlstrlct as a pre-
. erlstlng non-conforming use, or by Boartl .of Appeals special pernlt or
varLance, sball be alloped one free staniling slgn baving a uaximum area of
sLxteeD (16) square feet wlth a uraximum yidth or height of sI: (6) feet,
r.rrl ess the Boaril of Appeals establlshee otber requlreDents. On double' faced clgns, oDly one aldle l-B to De countedl. A11 adlvertlsing ot letterlng
shall be contalnedl irltbr.n the borders of salit si.xteen square foot slgn. 'One
slngle face sLga attacheil to ouly one rrall of the bulldlng, as aet fortb li
ArtlclG III, ultl be alloweit.
ARTICLE X - PeroLt Process
Sec-A - No buslness slgn shall be erected or altered wlthout a siED perait
lssued by the Buildlng fnspector, for uhlch I $10.O0 fee shall be c}arged.-.All buslness slgns shall be registereil and identlfied as requlred by the.:'
- Any person aggrl.rei Dy the refusal of the Inspector to lssue e -
undler the provlslon of this by-lau Day appeal to the Sign Revleu
11eS1gnRevieuBoards}ra1lho1dapub1ic}iarlngthereonan.la declslon.
-3-
YanDuth, T.
ARTI CLE XI - Vlolatlons
zonirg - 24tr.
Sec. A - Any devlatlon froro the foregoing rules constltutes a vlolatlon
of thls by-lau.
Sec. B - Any vlolator of any of the provisions of thls by-law shall be
fined not more than fifty ($50-00) for each offense. Each day that such
vlolatlon contl.nues shall constitute a separate offense.
Sec.C - Ihis by-law r.rill be enforced by the Buildlng fnspectorrs DeP-
artnent. Vlolators shall be given urltten notlce and after receipt of
said notice, sevea (7) days vill be allowed to correct the violatlon.
If not corrected by the 8th da, froru notice, a flne slll be irnposed as
stated in Artlcle XI, Sec. B.
SIGN REVIEW BOARD
Establishment:
The Siga Review Board shall conslst of five (5) mernbers for three (3)
year terns and such nurnber of associate members as the Selectrnn shall
ieteroine, all of whoro shail be appointed by the Board of Seletmen.t,t,
.-ra
I
Pou,ers:
the Stgn Revieu Board shall have and exerclse all the polrers Sranted
by G.L. Chap. 40A, as aoended, and by this by-lar. To hear and declde
appeals or petltions for variances fron a decision of the Butldlng Inspec-
tor or denial of the issuance of a sLgn peirnlt. Such varlance shall be
granted only in cases r.rhere the Board finds all of the followlng:
(a) A literal enforcement of the provislons of thls by-lav sould lnvolveg.substantlsl hardshl.p, financial or othersise, to the petitioner or.
Gj ftre haritshlp ls ovlng to clr'cunstances relating to the soil condltLone,
shape or topography of such land or structures anit especially affectlng
such fand or structures, but'not affectlng generally the zonlng dlstrict-:-. :ln u'lr I ch lt is located.
(c) Desirable rellef rnay be granted .Lri thout either:
(l) Srrtstartfel detriment to the p;buc gooil; or(2) NulltfytnS or substanttally dlrogattng fion the Lntent or - - -purpose of this by-lr.
Yalnouth, T zor.ing -25
5 175-3400. Design s tandards.
3410. The design of projecrs requiring submission of a sitse p1an, pursuan!to Secllon 1430, shatl comply with the following:
3411. Internal circulation and egress are such that traffic safety is
protected and access via Einor streeEs servLcing singJ-e-family hones is
nlnimlzed.
3412. Reasonable use 1s made of building locaEion, grading and vegeCa-
tion to reduce vislbility of parking areas from public ways.
3413. Adequate access to each sEructure for fire and service equipmenE
is provided.
34Lb. Utllitles and drainage selvlng the siEe provide functlonal
servlce Eo each structure and paved area in the saEe rlanner as requiredfor lots wlthin a subdivision, and fire protection provlsions neetl.ngFire Department regulatlons are provided.
3415. MaJor ropographlc changes or removal of exi.sting trees are avolded.
3415. In or abutting Residentlal Districts, effective use is made of
topography, landscaping and building placellent to maintain, to the degreefeasible, the characEer of the neighborhood.
tarnouth, T.Zoning *25,
ARTICLE IV
Special Regula t ions
S 175-4f00. Accessory uses.
4110. Caruping and recreational eguipnen!.
4111. At no tine shall parked or stored canping and recreational equip-
nent be occupied or used for living, sleeping or housekeeplng purposes.
4112. If canping or recreational equipment is parked or stored outside
of a garage, it shall be parked or siored to the rear of the front build-ing line of the loE, except. for loading and unloading.
4L20. Accessory sciencific uses. Uses, uhether or not. on the same parcel as
acrlvities permitEed as a Inatter of rlghr, accessory to activities peroitted
as a matter of right, rrhich act.ivlties are necessary in connecEion with scien
tific research or scienEific development or reLated production, nay be pernit
ted upon the issuance of a special pernit by the Board of Appeals, provided
that the Board finds thaE the proposed accessory use does not substant.ially
derogate fron the public good.
' Yarrcuth,
175-4200
4200
Cluster Development
Definitions
the case of congrega teprovide housing for thetotal independence but
Zorfu:q - 27
and Planned Residential Development
of
an
a group of s ingl e-area of ded icated
drives,
such as
A single,-fartily cluster developnrent consistsfanily dlwellings on reduced-sized lots, with
open space associbted with the development.
A multi-farnily cluster development consists of a .group of multi-
family dwellings with an area of dedicated o1>en space associatedwith the development.
Congregate living housing is either a town op€rated, state orfederally aided housing developnent, or it may be a self-containedretirement community on twenty (20) acres or more of land, whichconsists of multi-family dwellings Cesi-gned and reserved specificallyto accommodate the serri-independent elderlv propulation. Such multi-farnily housing sha1l rnclude oroup facilities for Cinrng, foodpreparation and social interaction. For the ourposes of this section,elderly shal-l nrean those persons aged 59 or o1der.
A planned residlential development consists of a group of multi-family dwellings, or a mix of multi-family and single-familydwellings, along with one or more neighborhood convenience stores,
as specified below, hrith an area of dedicated open space associatedwith the development.
Cornmon open space is all land not designated for streets,
sidewalks, parking areas, lots, or non functional areas,
yardts, space betvreen buildings, narrow strips, etc.
4210 0b ect ives
?he objectives of a cluster development or a planned residential
dlevelopment are: to allow relatively intensive use of land locallywhile not increasing the population density on a large scale;to preserve open space for conservation and recreation; to
introcluce variety and choice into residential development; to
meet housing needs; and to facilitate economicaL andl efficient
provision of public services -
Intoof
l iving housino theelderly popu Iat ionare not in need of
objectrves are further
who may not be capableinstitutional I ivinq.
11220 Applicability
The Board of Appeals may grant a special permit to allow the useof land for a cluster development or a planned residential develop*
ment with uses andl dimensional reguirements as specifiedl be1ow, inlieu of those elsewhere specified in this by-law, providedl that thefollowing regulations and proceilures are compliedl with.
Yarmouth, T zoning 2e
4230 Procedures
4231 . Preapplication review- Appl icants are encouraged tosubmit prelirninary materials for informal review by the plan-
ning Board and site p).an review under section 1430, prior toformal application, in ordler to avoid the discovery of funda-mental problems with a proposed plan at the time of the publichearing on the granting. of a special perrnit. preliminarysubdivision plans, if any, should be submitted to the planning
Board prior to application for a special permit-
4232. Application. Applicants for a special perrnit for acluster development or planned residential development (pRD)shall submit to the Board of Appeals one copy of an appl icationand fifteen copies of the overall development pl an. Such planshall encompass fand r"'h i ch is contiguous, and of area at leastten times the minimum single-family lot area required in tbatzone for single-family and nulti-family cluster, and tl.entytimes the minimum single farnily lot area for pRD.
4235- Review and decision. Forthwith upon their receipt of the
appfication and required plans, the Board of Appeals shall
transmit one copy each to the Board of Health, the Conservation
Commission, the Planning Board, the Town Engineer, the Hater
Department, the Building Inspector and the Fire Chief. withinthirty-five days of receipt of the application by the agencies
named above, reports shall be submitted to tbe Boardl of ApDealswhicb shall make no decision until receipt of all such reportsor until the expiration of thirty-five days following receiptof the application by those agencies
4233. . overall deveJ.opment p1an. The overal'I development Planfor a clust.er. develppment or a planned residential development
shal1 indicatei location and boundaries of site; ProPosed Iand
and buildinq usesi any reguired yards or setback areasi loca-
tion and boundaries of cornmon oPen sPace; existing toPograPhy,
proposed gradi-ng plan; location and width of streets and ways;
puriing, if any; areas of proposed and retained vegetationi-aistinEiions bltueen uPlandl andl wetland; and draina-oe and
serrage facilities. In addition, a multi-family cluster develop-
ment or a pfanned residential development Pfan shalL include
dimensions-, use and proposed locations of structures. The plan
shal1 be prePared by a iegistered landscape architect, architect,
civil engineer, ot land surveYor.
4234. Other materials. The application materials shall indicate
each landowner's interest in the land to be developed, the form
or organization proposed to own and maintain the common open
space, the substance of covenants and grants of easement to be
imposed upon the use of land and structures, and a development
schedu 1e .
Yarmouth, T
4 240 Requirements
A cluster development or aconform to the fol I owing:
Zonino 28A
4236 - criteria- Approval of a cluster deve!.opment or a plannedresidential development shall be qranted ,rpon I dleterminationby th9 Board of Appeals that the plan f urtirers the objectivesstated in section 4210 and complies with the requiremEnts ofsection 4240 and that the plan enhances the preiervation ofopen space for conservation or recreatiqn- utiJ.izes natural'features of the land; and allows more efiicient ooeration ofstreets, public utilities, and. other public servic-es. Inaddition, there sha11 be minimal disruption of establishedneighborhoods, especially with regard !o unusually heavy traffic,visual impact, etc.
plannedl residential development shall
4241. Nuniber of dwelling units. The maximum number of dwel-ling units allowed shall be calculated by dividing the areaof deveJ.opable lanil in the tract by the rninimum 1ot sizespecified in 175-2500 for a single family dwelling in thatdlistrict- The developable landl is the total traci minus:coastal r^,etlands and freshwater v;etlanils; 908 of the landarea in existing utility easements; and land which does not:neet state or 1ocal health regulations for septic systems.For this purpose, any land designatedl on the U.S- Departmentof Agriculture Soil Conservation maps as having severe timita-tions for septic systems sha1l, without proof to the coDtrary,be deemed as not nreeting these criteria-
4242. Allowable uses. Single-family cluster developments,multi-family cluster developments and planned residential
developments may be allowed by special permit in residentialdistricts, except RC, in business districts and in the HCdistrict, as shown in Sec. 175-2300. Planned residential
clevelopments may include neighborhood convenience stores, asdefined in section 4200, provided that: the gross cornmercialffoor area shall not exceed 58 of the gross residential floorarea, or 5000 sguare feet, whichever is less;' the stores areattractively designed as an integral part of the overall develop-
ment; provision is made for their continued maintenance and
operation for the benefit of residents in the development;
and they be so located that residents of the neighborhoodl out-side the develo.oment may use them without disturbing normaltraffic patterns within the development, infringing on parking
spaces reserved for tle use of residents of the development, or
undluly disturbing the amenities of those residents.
Yarmouth, T Z oning 29
requirements for single farnily cluster4243 - Dimens i onal
deve lopment .
ft.building f ine
Setback from boundary of'development. No dwelling within a
cluster development may come closer to the boundary of the
development than fifty (50) feet- Accessory structures shal-1Dot be placed within ten (10) feet of any 1ot line-
4244- Dimensional requirements for a multi-family cluster
development or a planned residential development.
. Minimum
Mi n imum
ll i n imum!lin imum
Minimum
Maximum
l'! ax imum
fot size -lot'*idth at proposedfront yardside yardrear yard
1ot coveragreheight: floorsfeet
planned res ident ia1to the requirements
10,000 sg.
100 ft.25 ft.12 ft-
20 ft.
25rsee sect ionsee sect ion
devel opmentof secti on
24 40
2140
Sing1e farnily dwellings in ashaII be on lots and conform
4243 above-
Mu}ti-family buiJ.dings shall conform to the setback requirementsstated below. The absence of reference to lots for rnulti-family dwe)-lings shall not prohibit a building or dwelling unit
from being shown on or associated with a lot or fots.
The irinimum building betbaik from streets, rn'ays or pirking
areas shall, be one (1) times the building height. The minimum
distance betueen buildings shalt be the sum of the heightsof the buildings as measured from the average, ground levelat the side betr"reen said buildings.
The Board of Appeals may reduce these dimensional reguirements
upon a clear demonstration that the proposed developrnent offersexceptional advantaoes- In no case shaLl an exception be grantedto increase the allowable density of a cluster of plannedlresidential development.
4245. Congregate living housing shall be made ug ot- r.,n€ (Il and two
( 2 ) bedroom uni.ts. Such units shall be desi.qned to accom.rnoc-:3te one(1) or two (2) elderly gersons. Aside from the bedroom (sl and bath(s)the unit may have, but i.s noE required to have, a small k j-tchen and/or small living room. ConqrelFge living housing shall- have no morethan twenty percent (203) two (2) bedroom units. The number ofcongregate dwelling units allowed shal1 be those al, loweC !or other'cluster developnrent as stated in 424I exceot thar- the followrno bonusnay be a I lowed:
an increase in the maximum numebr ofto the percentage of one (I) bedroom
Ceve lopment .
co no rega te
co ng rega t e
dwelling uni tslivino units inequa I
the
Yarmouth, T
4250
Z on ino 30'
General Cri teria
4251- Access to cluster and planned residential developments.
There .shall be adeguate access provided to a cluster develop-
ment or a'Planndd residential development f,or the purposes ' v
enumeratdd in MGL Ch. 4t 581-!1. If deemetl necessary for public
safety and welfare, through streets may be required.
4252. Utilities. There shall be adequate utility servic€,
evidenced by availability of public water supply, adequatedrainage and adequate sewage disposal-. In the case of on-site
sewage disposal in a cluster. development or PRD the following
are regt i redl s
1) Location of on-site sewage disposal unit shaLl haveslight or moderate soil lirnitations for on-site disposal,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 fields or other on-site sewageeffluent discharge facilities shall be located not Lessthan two huntlred fifty (250) feet from any pond over five(5) acres, river, stream, ocean; swamp or rnarsh-- The Boardof Appeals may reduce this setback reguirement to not lessthan one hundred fifty (I50) feet upon demonstration by theapplicant that the site plan is thereby enhanced and alsothat existing soil characteristics are such that no ground-vrater or surface water pollution will result.
4253. Human and natural environment.
1) There shall be avoidance of ecological disturbance byminimizinq the following: topographic change; removal ofexisting trees and vegetation; and visually disruptivebuilding location. l-tulti-family structures shall belocated not less than one hundred fifty (150) feet from
any pondl over five (5t acres, river, stream, ocean, swampor marsh.
2l
by
There shal1 be preservation of neighborhood arnenities
the following:
a) the site design for a rnul-ti-family cluster or PRD
sha11 screen parking areas and Dreserve existing water
views from public ways and provide effective use of
topography, landscaping anil buil<r.ing placement to
maintain the character of the neighborhood.
b) parking in a mufti-family cluster or PilD shall conform
to section 31OO of this by-law and in addition there
shall be glare free illunination of parking areas.
c) No multi-family structure shalI contain more than twenty
izoi -ar"iring units. rn the case of congregate living housing -
this requireirent may be waived if the Board of Appeals
"p".iiiJ"fry finds ihat the.e is sufficient buffering to
pi""""t a lirger buildinq from- beino -disruptive to the
tharacter of iurrounding neighborhoods '
YarlrDuth, T.Zontuq - 3l-.
4254 - Improvements..
1) Access, drai.nage, utilities and grading shall meetfunctional standards eguivalent to those establ ished inthe adopted Planrring Board Subtlivision Rules and Regulations.
2l Prior to issuance of building permits within a muLti-
fanrily cluster or planned residential development, the
Town Engineering Department shall certify to the Building
Inspector that a detailed site plan has been submitted in
accordance with Section 1430 and meets tbe requirements ofsaid sect ion.
3) Occupancy permits for any structure shall be granted
only in accordance r"'i th the requirements of section 1412.
4260 Open Space Requirements
4262. Long-term compliance. Subseguent to approval of such
cl uster . devel opment or planned residential development no land
therein shall be sold and no Lot line 6r structure altered from
that shovm ori the overall development plan.so as to increase the
extent -of . Donconformity .irith the standard dimensional regulationsof this by-) aw... (See SI75-2400,and 175-2500). Prior to sale
of any lot *ithin a cluster development or PRD, or issuance ofa building permit for construction therein, such lots sha1l be
shown on a plan recorded in ttre Registry of Deeds or registereduith the Land Court, which plan sha1l make references to therecorded land a_oreements referred to in seci.ion 4247. Unlessthe Board of Appeals has specifically approved staged development,
such plan sball show all lots to be incfuded in the developn,ent.
4261 . Cornmon oPen space sha1l be preserved for recreation or
conservation and shalI include not less than thirty percent (303)
of the land area within the development plan. Such open space
shalI either be conveyed to the town and accepted by j.t for
park or open space use or be conveyed to a nonProfit corporation .
or trust, owned, or to be owned, by the owners of lots or
residential units within the plan- ff such a corPoration or
trust is utilizeil, ownership thereof shal'I pass with conveyance
of the lots or residential units. fn any case where such land
is not conveyed to the town, a restriction enforceable by the
town shall be recordeil, providing that such land be kept in an
open or naturaL state and not be built upon or developed for
accessory uses such as parking or roadway, and the town sha1l be
granted a f)erpetuaL easement over the land suff ici-ent to ensure
its perpetual maintenance as conservation or recreation 1and.
Such open space shal1 be delineated on the p).an-
Yaroouth, T.
s r75-4300.
Zoning -33
Flood area provisions.
Pertrits for nen construction, alteratlon of sEructures or other development(any nan-made change Eo ioproved or uninproved real estate, including but notlinited to buildi.ngs or other structures, nining, dredging, fil1ing, gradlng,
pavi.ng, excavation or drilling operations), at or belop the base flood eleva-tion as specified sithln the A and V Zones (in unnunbered A Zones, ln the
absence of Federal Insurance AdoinisEration data, the base flood elevatLons
sha1l be determined by obtalning, reviewl.ng and reasonably utll1zing any exlst-
Lng base flood elevation data fron federal, state or other sources), as designated
on special Flood Insurance Adoinistratlon Flood Insurance RaEe llaps, Nos. 01
through 04, effective l(ay 2, ]-977 (which are on file with the Town C1erk,
Planning Board and Bullding Inspector), shall be approved subJect to the follor,rlng:
4320. Certificatlon of floodprooflng. I{here flootiproofing is utllized la
accordance wlth Sectlon 4310, a registered engineer or archiEect sha1l
celtlfy that the floodproofing roethods are adequate to lrithstand the flood
depths, pressures, veloclties, lmpact and upllft forces and other facEors
associated wlth the base flood.
*Note: SubstanEial iEproveoent wll1 have been decreed to occur when the first
alteratioa of any structural part of the building conmences.
4310. Mlnl-nun floor elevaEions. Nev, construction or substantial Lnprovement*(repair, constructlon or alteratlon costing fifty percent (5OZ) or more of the
Earke! value of the structure before inprovement or, if damiged, before danage
occurred) of residential structures sha11 have the lor.rest floor (lncluding
baseoent) elevated to not less than base flood elevations. New construcEionor substanllal improvement of nonresldential structures sha1l elEher be simllar-
1y elevated or, together with attendant utillEy and sanitary facllities, be
floodproofed to not less than base flood elevations.
Yaroouth, T Zoning -34
4330. Building Inspector review. Any new construction or substaEtlal
improvement Eo be undertaken within sald dlstrict shall be in accordancewith the UassachuseEts SraEe Bullding Code, Section 748.0. The BuildingInspector shall:
4331. Review all proposed development withln the flood distrlct to assurethat all necessary peraits have been received from Ehose governEental
agencles from whLch approval is required by federal or state law, Lnclud-
ing Section 404 of the Federal I,later Pollution ConeroL Act Amendoents of
1972, 33 u.S.C. S 1334.
4340. Velocity Zones. No land wiEhin areas designated as V (velocity) Zones
on Ehe Flood Insurance Administration Flood Insurance Rate }faps shall be
developed unless such development is demonstrated by the applicant to belocated landward of lhe reach of the mean high tide. A11 new construction
and substantial inprovement rrithin the V Zones shaIl be elevated on adequately
anchored ptlings or colu-nns and securely anchored to such piles or columnsso that the lowest portion of Ehe strucEural members of the lowest floor(excludlng the pilings or columns) is elevated Eo or above the base floodelevatlon; and certlfied by a regisfered professional engineer or architect
EhaE the structure is securely anchored to adequately anchored pilings or
coluons ln order to withstaod velocity r.raters and hurrlcane wave wash. Thefollorlng shall be prohibited within said V Zones:
4341. Any naa-uade alteration of sand dunes which might lncrease thepotential for flood daroage.
4342. Use of fill for structural support for new constlucEion or sub-
stant.lal loproveloenE of sErucEures.
4343. Moblle hooes.
4350. Variances and special penoits. The Zoning Board of Appeals raay
authorlze use varLances within the flood areas in accordance with Subsection
L322, as ln any other zonLng distrlcE lrithin. the Town of Yarmouth, and Eay
granE a special perElt for oew slructures or substantial inprovemenEs to
be erecEed on a loE one-ha1f (L/2) acre ln size or 1ess, contiguous to and
surrounded by lots with exlsting struccures constructed below the base floodelevation, provided thaE the following are met:
4351. A showing of good and sufficienE cause;
4352. A deternLnaEion thaE failure to grant rhe speclal pertrit would
result J,n exceptlonal hardshLp Eo the applicant;
4332. Obtain and Eaintain records of elevation and floodproofing levels
for new consErucEion or substanEial improvement within the flood distrlct.
Yarnouth, T.
4353. A determination that the speclal permit will not result in increased
flood heights, additional threats to publlc safety, extraordinary pub1lc
expense or any conflict wiEh requirenents in accordance with G.L, c.40A,
as amended; and
4354. The Zoning Board of Appeals has notifled the appllcant for the
special pernit, ia writlng, that the actuarlal rates irlll increase as
the first floor elevati,on decreases and that such construction beloo
base flood elevation level increases rLsks to life and property.
4360. Procedure. Upon the granting of such a special permit or a variance
froo this 5 175-4300, rhe Zoning Board of Appeal.s shal1 require chat the
Town of Yarmouth maintaln a recortl o€ all such varLance and special permlt
acEions, lncluding justlflcation for issuance, and reporE such varlances
and speclal permits issued 1n iEs annual report Eo the Flood Insurance
Adainistrator in accordaoce lrith the Departtrent of Houslng and Urban Develop-
Den! guidellnes.
4370. Hlstorlc places. The Zoning Board of Appeals may grant a special
permit for the reconstructlon, rehabilitalion or resEoratl.on of sEructures
listed on the National Register of Eistoric Places or the State Inventory
of Historie Places, Lrlthout regard Eo the procedures set forEh in Section 4350
above.
4380. OEher lalrs. IJhere these flood area provisions iupose greater or lesser
restrictions or requirements than those of other applicable bylaws or regula-tions, the oore restrlctive shall apply.
$ 175-4400. lJetlands Conservancy Distrlct.
4410. General. This section does not granE any properEy rights; it does
not authorize any person Eo trespass, infr:rnge upon or inJure the propertyof another; Lt does not excuse any person of the necessity of complyLngwlth other sectlons of this bylav or other applicable laws, regulations or
bylaws.
4420. Purpose. Conservancy Discricts are intended to preserve, protect and
EainEaln the groundwater supply on whLch Ehe lnhabitants depend for water;
to prot.ect the purity of coastal and inland lraters for the propagatlon offish and shellftsh and for recreational purposes; Eo provide for the con-
tinued functlonlng of the lretland as a natural syste8; to protect the public
healLh and safety; to protect persons and property from the hazards of flood-
Zoning -35
Yarroouth, T
and tidal waters which may result from unsuitable developnent in swaEps, ponds,
bogs or marshes along watercourses or in areas subjecE to floods and exEremehigh tides; to preserve the anenitles of Ehe toun; and to conserve naturalcondLtions, wtldlife and open space for the education and general welfareof the publ lc.
4430. Permitted uses. Except as provided in Sections 4440 and 4450 betow,buildings, structures and premises in Conservancy DistricEs rnay be used onlyfor the following purposes, except as otherwise authorized by $ 175-2300 or
by statute:
4431. Fishing and shellfishing, including the ralsing and cultlvation offish and shellfish.
4432. Forestry, gr azltg and farming, nurseries, truck gardening and
harvesting of crops, including but not liuited to such crops as cran-
berries, marsh hay, sear.reed, berries and shrub fruits and lrees, and $ork
incidental thereto.
4433. Conservation of soiI, urater, plants and w11dlife.
4434. Outdoor activlties, lncluding hiking, swinuning, boating, nature
study, fishing, trapping and hunting.
443.5. Dralnage rrorks whlch are parE of 1ocal flood and nosquiEo control
conducted by an authorized publlc agency.
4436. Uses accessory t.o resldent.ial or other prlmary uses, such as
flower or vegetable gardens, 1awns, pastures or forestry areas.
4440, Uses permitted by special pernlt.
444L. Upon issuance of a special permlt by the Board of Appeals, and
subject to such special condltlons and safeguards as the Board of Appeal.s
deems necessary to fulfill the purposes of Sectlon 4420, the followlng
uses and structures are perEltted:
(a) Nonresidential buildlngs or structures Eo be used only in con-
juncEion with fishing; shellfishlng; the growlng, harvesting and
storage of crops raised on the prenises; and boathouses.
(b) Darns, changes ln rratercourses or other ilralnage works only as
part of an overall drainage plan consEructed or authorized by a
publlc agency except as stated Lo Subsection 4435 above.
Zonlng -36 .
Yarnouth, T zon1n8 -Jl
(c) The superficial clearlng of areas of private beach and the f11-
ling or replenish.nent thereof ln conformit.y wlth the provislons of
Chapcers 782 atd 784, Acts of 1972, and G.L. c.91, as anended.
(d) Fabricated rralks or trails, docks and landings for private use.
4442. The Board of Appeals Eay grant a special pernlt for the above-
stated special uses, provided thaE:
(a) Four (4) copies of an application, including a detalled plan,
are submitted to the Board. Said plan shall indicate the locat.ion of
proposed and existing sEructures, the distinctlon beEr.reen the setland
and upland and elevations of land concours at two-foot intervals,
referenced to Eean sea 1evel datum.
(b) Copl.es of the applicaEion have been transmitEed by the Board of
Appeals to the Planning Board, Board of Health and the ConservatLon
Cormission within seven (7) days of rheir receipt by the Soard of
Appeals, and reported upon by all three (3) Boards;. or thirty-five
(35) days sha11 have elapsed following receLpt of.such referral.
Approval by the Board of Appeals shall be uade contingent upon
approval of on-site rrater supply and/or on-site sewage disposal
systeEs by rhe Board of Ilealth or the Massachusetts DepartnenE of
Environnental QualiEy Engineering, if having jurlsdiction.
(c) Any said nonresidentlal building sha11 not exceed one thousand
(11000) square feet Ln total ground coverage.
(d) Any said nonresidential bullding shall conforu to the setback
and side line requlrenents of the underlying zoning district, and pro-
vided that any such nonresidential building or structure shall be
designed, placed and constructed to offer a Dininun obstructlon tothe flow of uater.
4450. Locatlons exenpted by specral pernLt. If any land ln the Conser-
vancy Distrlct is detronstraled to the satisfaction of the Board of Appeals,after the questl.ou has beea referred to and reporEed on by the Planning
Board, Board of llealth and the ConservatLon CommissLon, or thirty-five(35) days have elapsed since recel.pt of such referral; and after soll
survey data, percolatlon tests taken between and includiug the Eonths of
February through l{ay and a plan showing elevaEions of land contours at
tlJo-foot intervals, referred to Eean sea 1eve1 datr.E, have been subEltted
and certified by a registered professional engineer and/or land surveyor
as belng in fact Dot subjecE to flooding or not uasultable because of
Yarmouth, T Zoning -38
drainage provisions of this section; and thaE the use of such land wi.ll notinterfere wifh the purpose for which the Conservancy District has beenestabllshed and w111 noE be detrinental to Ehe publJ-c safety and/or welfare,the Board of Appeals may, after a publlc hearing wlth requlred notice, issuea speclal pertrit. for any use otherwise perniEted aE that location under rhe
Zoning Bylaw, in which case all other zoning provisions applicable to such
land use sha1l apply.
4460. Board of Appaals criteria. Wherever in this section the Board of
Appeals ls authorized to issue a speclal permlt, said Board sha1l assure
to a degree consistenE with a reasonable use of the locaEion that said use:
446L. Does not produce unsuitable developruent in marshes, bogs, ponds
or along watercourses or in areas subject to flooding.
4462. FaciliEat.es the adequate prot.ection and prowislon of a water supply.
4463. Protects and. preserves the inlaod marshes, bogs, ponds and water-
courses and their adjoining setlands in order to safeguard the purity of
l.nland and coastal waters for Ehe propagation and protecEion of aquaticlife and for recreatlonal purposes.
4470. Prohibited uses. Except as provided in Sectlons 4430, 4440 and 4450of this protect.ive bylaw, the following uses are prohibited rrithin the
IJet laod Conservancy DistricE.
4471. No person shal1 fill, place or dump any soLI, loaro, peat, sand,
gravel, rock or oiher mineral substance, refuse, trash, rubbish or debris.
4472. i{o person sha11 drain or excavate or dredge land or wetlands or
reEove therefrorD loaE, peat, sand, gravel or other mineral substances.
4473. No person shall perforo any act or use any land or wetlands in a
manner which would destroy the natural vegeLatlon, substantially alter
existing paEterns of water flow or oEherlrlse a1!er or perBlE Ehe alrera-
tion of the natural and benefl.clal characEer of the land or lret1and.
4474. No person shaLl cause by any means any sewage or any effluent
contaninated by sewage Eo enter or flow into any wetlands' erhether the
same ls by suriace or subsurface action or seePage or otherwlse. "Wetlandsrt'
in this section, shall nean areas conprlsing poorly draLned or plastlc
sol1s such as c1ays, muck, peat or bog in vhich depth to wacer table is
six (6) inches or less during the perLod beErreen February and ay.
Yarnouth, T.
4475. AIy and all sewage disposal systens, storage areas or tanks for
cheDicals or petroleuro producEs or other potential sources of subsEantial
pollurion shall not be located withiE seventy-five (75) horizontal feet.
of any Conservancy Distrlc t..
4476. )'lo buildings or strucEures sha1I be erecced.
4480. Building penolts. Whenever an application is nade for a building peralc
shich involves the use of land Ln the Conservancy DistricE, the Buildlng
Inspector shall require the applicanE for such pertrit to provide as part of
such applica tion:
4481. A plan, drawo by a reglstered land surveyor, of the Lot on which
such bullding is intended to be bullt. Said plan to show:
(a) ?roposed bulldlog and ser.rage disposal locatLons.
(b) Elevations of the land contours, at two-foot lntervals, referenced
to Eean sea 1evel datum.
(c) Location of percolation tests taken between and including the
uonths of February through May.
(d) So11 survey daEa certified by a regl.stered professional engineer.
4482. Each appllcation to lnclude all of che followlng, prLor to lssue-
ance of a buildlng pernit:
(a) The wrLtten approval of Ehe Board of Eealth.
(b) A \rritten recomendatioo by Ehe Conservatl.on ComissLon.
(c) A copy of the speclal perralt granted by the Board of Appeals;
0 175-4500. Yotels.
4510. Accessory uses. No accessory uses are pernitEed in required yard ..areas except a drlveway and permitted signs (subject to the provLsions of
$ 175-3300 ln the front yard). All yard areas no! covered by parkl.ng areas,
drlveways, accesaory structures or oEher lnpervlous surfaces shal1 be planted
wl.th grass, trees, shrubg or other vegetation.
Ilhare auy Eotel lot llne abuts a Residentlal District boundary, there
Zoning -39
IarmouEh, l.Zoning -40
shall be a buffer at least ten (10) feet wide containing a dense grouping
of trees or shrubs, either retained or planted, sufficienE to provlde anatural barrier at least three (3) feet high lnltially and at least seven(7) feet. high vithin five (5) years.
4520. Lighting. No buildings sha11 be Llluminated in such a way that
causes glare for rlotorists, pedestrians or nelghboring prenises.
Yarmouth, T Zoning - 4L
ARTICLE V
Defini tions
$ f75-5f00. Defini Eions.
In this bylaw, the following terms shall have the following meanings unless
other meaning is required by the context or is specifically prescribed:
ACCESSORY BUILDING OR USE -- A building or use customarily incldental to
and located on the same lot r.ri th the principal building or use, or oa
contiguous lots held under the same ownershiPr excePt that if more than
thirty percent. (30%) of the floor area or fifty percent (502) of the lot
area is occupied by such use, it shall no longer be considered accessory.
BOARDING- OR LODGING HOUSE -- A dwelling sith a managing family resident
on the premises, offering acconrnodat ions , with or without oeals, for rental
to more thaothree (3}and fewer than twelve (12) Persons.
BoYst oR GIRLS' CA!{P -- FaciliEies operated on a seasonal basis for a
continuing supervised recreational, healEh, educat.ional, religious and/or
athletic program, with persons enrolled for periods of not less than one(l) week, and shall include but not be Iimited to such facilities as Boy
Scouts' carnps, YI.ICA camps, tennis carnps or other similar facillt.ies, wi th
or without overnight accomodations.
CArYP INc AllD RECREATIONAL EQUIPMEM --Includes but is not limited to the followin
(a) B0AT -- Any inboard, outboard or sail opeo watercraft, opeu or
cabln type.
(b) CAIIPINC TMILER -- A canvas, folding st.rucLule mounted on wheels
and designed for travel, recreation and vacation use.
(c) MOTOR HOME -- A porEable, temporary dwelling to be used for travel,
recreation and vacation, construcEed as an integral part of a self-propelledvehicle, havirig a body width not exceeding eighc (8) feet and a body length
not exceeding rhirty-two (32) feet.
(d) PICKUP COACH -- A sEructure designed primarily to be mount.ed on agickup truck chassis and with sufficient equipment to render it suitablefor uses as a temporary dwelling for travel, recreational and vacation
use.
(e) TRAVEL TRAILER -- A vehicular, porEable structure built on a chasils
desj,gned to be used as a temporary dwelling for travel, recreational and
vaeation uses, permanently identified "Eravel trailer" by the manufacturerof the trailer and having a body width not exceeding eight (8) feet and a
body len3Eh not exceeding thirty-trro (32) feet.
Yaraouth, T Zoning - 42
CAYPCROUND -- Premises lri !h sites used for travel trailers, campels, tenting or
for temporary overnight facilities of any kind where a fee is charged.
CLUB or LODGE -- I?re premises or buildings of a nonprofit organization
exclusively servicing members and their gues!s for recreational, athletic
or civic purposes, but not. including any vending sLands, merchandising or
conrnercial activiLies excePt as required generally for the membership and
purposes of such club. This shall not include clubs or organizations --hosecbief activity is a service customarily carried on as a business.
COI'OIERCIAI NURSERY OR CREENHOUSf, -- Premises principally used conrnercially
for the propagation of lrees, shrubs, vines, flowers or other PlanLs for
Lransplanting, stock for grafting or for cut flowers, or for the raisingof produce wirhin a glassed or plastic enclosure, for either r.rholesale or
re tai I sale.
CONTRACTOR'S .YARD -- Premises used by a building contract.or or subcontracEorprincipally for storage of equipment and supplies, fabrication of subassembliesor parking of wheeled equipment.
DWELLINC -- A buildtng or part of a building used exclusively as the livingquarters for one (l) or more famllies.
DWELLING, MULTIPAHILY -- A dwelling containing three (3)
units, irrespective of tenure or ownership.
or more dwel l ing
DWELLING, SINGLE-FAI'IILY -- A dwelling other than a rrobile home singly and
aparE from any other building, used exclusively for residential purposes fot
one (1) fami Iy.
DWXLLING, TWO-FAI-IILY -- A dcrelling other than a rnoblle home singly and apart
from aoy other building, used exclusively for resident.ial purposes for
two (2) faoilies.
DI.IELLING UNIT -- Livlng quarters fcr a slngle fami ly plus not more thanthree (3) boarders, lodgers or domestic employees rith cooking, living,
sanitary aDd sleeplnt facllltles independent of any other unit.
EDUCATIONAL USE -- Premises used for systematic instrucLion or for
imparting of knovledge, and eiEher operated by a public agency oror accredited by the Conrnissioner of Education.
Lhe
licensed
FAfILY -- An individual or two (2) or more persons related by blood ornarriage, or a group of not more than flve (5) persons not so related,living together as a single housekeeping unit.
Yarnouth, T Zoning - 43
GUESTHOUSE -- A sEructure similar in character
dwe1ling, in which overnight Lodging is offered
persons, primarily touris ts.
Eo a sing le- fami lyfor five (5) or more
HOSPITAL -- A faciliEy for the care and treatment. of patients as licensed
by the MassachuseEts Department of Public Healti under G.L. c.1ll, $ 5fot 71, as amended.
HOTEL or MOTEL -- A building or group of buildings consisting of three (3)
or nore guestunits, providing lodging, with or lrithout meals, on a EransienE
basis for compens ation.
LOT FRONTAGE - That portlon of a lot fronting upon and having rights of
access to a way provlding legally sufficient frontage for the division of
land under the requirements of G.L. c.41, $ 8lL. To be measured continuously
along a single street line.
MOBILE HOME -- Any vehicl,e or object designed for movement on wheels and
having no motive power of its owo, but which is drawn by or used in connection
with a motor vehicle, and which is so designed and consLructed, or reconsEructed
or added to by means of such accessories, as to permit the use and occupaney
thereof for human habitation, whether restint on wheels, jacks or other
foundation, and shall include the type of, construction conrnonly knora as
"mobile homer" having a body width exceeding eighl (8) feet and a body length
exceeding Ehirty- two (32) feet.
MOBILE HOIIE PARK -- Premises planned and improved for the rental of spacesfor tr,-o ( 2 ) or rnore urobi !e homes .
MOBILE STRUCTURE -- A movable structure
used for office or other nonresidential
designed for year-round occupancy
activi ty.
NURSING HOME -- Any dwelling or building with sleeping rooms where persons
are housed or lodged and furnished with meals and nursing care for hire,
as licensed by the Hassachusetts Departnent of Public Healti under G.L.
c.111, $$ 7l through 73, as amended.
PAVING -- A uniform, hard, smooth covering which will bear Eravel by vehicles
or by pedestrians ln all seasons, or which is used in conjuncEion rri th cerEain
sports or recreational activities. It includes concrete, bituminous concreEe,
oll-penetrated graveL, brick and paving sLone' buE shall not include such
materials as gravel, crushed clamshells or any other similar mat.erial.
CROSS FLOOR AREA -- Shall be measured to the outside of the building with
no deductions for accessory unoccupied areas such as hallvays, stairs,closets, thickness of walls, columns or other such feaEures.
GUEST INIT -- A room or suite of rooms in a hotel, motel, motor inn or
guesLhouse suitable for separate rental.
Yarrnouth ' T.Zoni ng -44
lan bfstry
PLACE OF ASSEMBLY -- Premises accomnodati ng a gathering of fifty (50) or rrore
individuals for purposes not more specifical ly categorized 'i n this bylaw.
REAR EOUNOARY LOT LINE -_ That boundary |ine of a lot shown on
land or described by deed, recorded with the Barnstable County R
of Deeds, which is opposite the street Iine of Route 28'
RELIGIOUS USE - Premises pri ncipal ly used for public worship, religious
instruction or other expression of an integrated system of theological teachings
or bel ief.
ap
egi
SEASOML USE - use of a lot or structure for 180 days or less- per year qI ttE
average. An applicant may sho\^, otlrerwise by providiJrg evidence such as utllity
biIIs, US Post Office records, sr,'orn affidavits frcm 3 abuttiry year-rourd resideJrts
ot other eviderEe satisfactory to the Buildirg Inspector.
SIGN - All advertising devices or insignia, whether lettered or not,
designed to promote a business or the sale of a product or of a service.
SIGN AREA - Shall be determined by the multiplication of the extrerne width
and the extrerne height, including borders and without deductions for open
space or other i rregul ari ties.
STABLE - Any prarises used for the shelter and feeding of horses for
rernuneration, hi re or sale.
STRUCTURE -- _A combination of materials assembled at a fixed location togive support or shelter, or anything constructed or erected, the use of which
requires a fixed location on the ground, including but not limited to buildings,
mobile homes, swirming pools having a capacity of four thousand (4,000) gal lonsor more, piers, jetties, signs, fences, radio antennae and retaining walls.
The word rrstructurerr shalI be construed, where the context reguires, as
though followed by the words rror part of parts thereof.rl
TELEPHONE EXCHANGE - A building containing a central system of switches and
other equipment and personnel that establishes connections between individual
telephones. It shall not include facilities for servicing individual telephones,
truck or equipment storage, business offices or any other facility or office
not directly related to the switching systern.
TII1E SI-ARING -- the sale or multj--year lease of a dwellinga guest unit for specific recurring periods of less than 9during the course of a year.
unit or0 days
Yard - an open space, unoccupj.ed and unobstructed by any structureexcept: fences, wa1ls, poles, posts, pavi-ng and other customary yardaccessories, ornaments and furniture, and ramps, Iandings and slmilarstructures needed for handicapped access. Cornices, window sills,belt courses and other ornamental features may project not more thaneighteen (18) inches; bay/bow windows, greenhouse windows and ea."res
may project not more than tLrenty-four (24) inches, and chinneys naynroject not more than thirty-two (32) inches rnto any requtreo yerJ.
t.,
No eign or oth€r advertising device shall
be permitted within th. Town limits, that,in the opinion of the Selectmen and/or theBuilding Inspector having regard for the
health and safety of the public, the dangeto{ 6re or in consideration of the general
atmoephere of the ar€a lrould bc consider€d
detracting or a hazand,
Signs on Town Ways erected ae a public
convenience will be limited to so-called"Community" displays and ehall require apermit to be issued 6y the Building In,
spector. These will be limited to a stand,
ard size and lettering, and will be main,
tained by a person or persons designatod
by the Board of Selectmen.
Gasoline stations and garagee will be
allowed the ltandard permanent oil com,pany sign in addition to name sign, plusthe customary lubrication, washing and
service signs di"played in Lhe positions to
which they apply and one A,frame or easeltype sign, and ro,callcd spccial eigns will
be permitted on 6ides or heads of gaoline
pumpo only. Promotional signo and mate.rial, with thr exception of bannerr and
whirligigs, supplied by gasoline or tre co&,
panies to promote a new product or sahs,
may be dirplayed for a period of thirty
days upon ootice to the Building Inspector.2. Filljng station, garage, o! 6ta.ble oo approval
of tbe Selectmen;
1. Municipal usel4. Oftce or bant:l. Place of amusemcnt or asseobly on ap.proval of Board of Appeals;6. Reta.il business, service or public utility not
involving manufactute on the premises ex.
cept of products the major portion of which
are to be sold at relail bv th€ manufacturer
to the consumer, and prirvided further thatnot more than four operatives ehall br
employ€d in such nianufacture;7. Hotel, club, boys' or girls' camps, a guest
house taking Gve or more people, or mttel;
6
8. Private cluh not conductcd for profti
In a buqine"s dirtrict no huilding or pr.mircs
shall be used, erectsd. or altered for the purpose
o{ mainlaining a trailer park, so-called, ercept on
approval of thc Board uf Appealr. by the wryof a special permit, a" provided in Section II,
Paragraph 9, and then only when in the judg-
m€nt of the Boatd of Appeals that such approval
or permit will tend to improve the status of the
neighborhood and wherc the non,granting of such
permit of the same would impose a hardship ulon
the owner or user of said land.
SECTION IV. INDUSTRIAL DISTRICT USES
ln an indu.trral di+rrct no burlding or premises
shall be erected, altered or used for any purpose
iniurious, noxious, or ollensive to a ruighborhood
by reason of the emis.ron of odor. fumes, dust,
6moL€, vibration, or nui.e or other ciuse,l. Any use permittcd in a residence or busi
ness district.
2, Any manufactutin*, processiog or assem,
bling ure, the mori\,c powcr hcing elcctricrty
or other unobiectronable motrve Dower.
sEcTtoN lv-a. MorELs
In addition to other provi(ions governing
motels herein, the following provisrons shall also
apply to the us€ of motels wherever providcd (or
in thrs By.law.(a) For each lot upon which a motel is to be
erect€d, ther€ shall bc a minimum lrontagc
of one hundred twenty.fiv. (l2t) fe€t anda minimum o{ twcnty-five hundred (2100)
square feet of lot arca Ior the 6rst cen (10)
motel units- For each motel Unit in excessof ten (10) mote! units, therc shall bc pro-
vidcd an additionrl two hundrcd 6ity (2t0)
square fect of lot ar.i-(b) No notel or addittun tc, n rnotcl rhall he
erected or placed on a lot rvhich witl rcstrltin the c,ivcrin( hy all huildhgs of morc
thiln thirty.fi\'e (31) per ccnt of the Iot.(c) The maximum hei,{ht of any moael shali be
not more than two (2) storie6.
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(d) ln addition to one off,street parking spacefor each motel unit, there shall be two (2)
additional Epaces for each tcn (10) motelunitr or fraction thercof.(e) For each lot upon which e motel is erected
there shall be pr'ovided a front yard or set.
bacl distance of not less than thirty (30)
feetl a side yard on each side of not lessthan fifteen (ll) fect; and a rcar yard ofnot less than Gfteen (11) f€et. No other
uses ere permitted in the6e yard areas €xcept
!ha! of a driveway in the front yard. All
yard areas shall be appropriately landscaped
end adequately lDaintained.(I) A sitr plan for each proposed motel shall
be submitted to the Building Insp€ctor with
the requ€st for a building permit. Said Eiteplan shall show, amoog other hings, all
eiisting aod proposed buildings, structures,
parlciog spaces, driveway openings, drive-
ways, 6erlice areasr and other open uses, all
facilities lor sewage, refuse and oth€r waste
disposal, and for surface water dtainage, and
ell landscape features (such as fences, wallr,
plenting arras .nd walks) on the lot.
Boston, Ma6sachu6etts March lt, l96t
The foregoing amendment to the Zoning By.
Laws is hereby approved.(Sgd) Edward W. Brooke, Atorney General
SECTION V, NON.CONFORMING USES
I. CONTINUATION OF NON,CONFORM,ING USES. Any lawful building or usr of
a building or premis€s or part th€reof at
the time this by,law or any amendment
theteto is adopted may be continu€d al,
though such building or us. does not con,
form to the provision thireof, provided
SUCH USE HAS NOT BEEN DISCON,
TINUED FOR A PERIOD OF THREE
YEARS.2. OHANGE OF EXTENSION OF NON,
CONFORMING USES. The Board of
appeals may permit any non,conforming uccto be changed to aoy 6peci6ed use not
8
substantially direrent in character or mor€
detrimental or objectionable to a neighbor.
hood.
SECTION VI. A,8.EA T.EGULATIONSt. REAR YARDS. No dwelling in any Dis.trict shall be built within twenty (20) feet
of the rear lot line, except on corner lots,
which shall be considered as having no rearlot line. Accessory buildings shall not be
built within six (6) feet of the rear lot Lneor within twelve (12) feet of any other
building, except in the Business or Indus,trial Districts where there is a party wall.
2. SIDE YARDS. In a Residence District no
building or any part thereof shall be built
within sir (6) feet oI a side lot line or
within twelve (12) feet of ao'y other build,ing. In a hu.incsc distiict no buildine .hall
b€ burlt within srx (6) feet of any lot line
unless there is a freprool wall or a 6re,proof party wall which 6hall €xtend not
less than 16 inches above the roof. Saidwall may be built on the lot line providing
that the building is not to be used for
human habitation.
3. FRONT YARDS. In a residencr district
no building shell be built and no roadside
stand or accessory use shall be placcd
within lhirty fect of thc street line, pro.
vided rhat no huilding need be set back
more tharr thirty pcr cent of the dcpth of
the lot nor more than the average o[ the
setbacks of the buildings on the lots next
thereto on either side, a vacant lot or a
lot occupicd by a building set back more
than thirty fcct bcing countcd as though
occupied by a building sct hack thirty feet.In a businrss or indrrstrial di.trict no brild.
ing slrall bc huilt and no roadside stand
'hall he placed witl)in twenty feet oI the
street line, cxccpt in thc brsincss district
adjoining and Southerly of Route 6 along
Station Avcnuc, nr buildinfl shall be built
and no roadside stand shall be placed
9
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t. APPURTENANT OPEN SPACE. Noird or other open spacc rcquired for a
uilding by this by,law .hall, during lheI
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q,ithin tt f€et of the street line and noparking lot rhall be built q,ithio 2t feetof the 6!re.t line, provided that no build.ins rhall b€ plac€d nearer the itreet line
than the averag alignhent of the eetbacksof the buildings on the two lots next rheretoon either ride, existing at the tirn of the
passege of this by,law, a vacant lot or alot occupied by a building 6et bac! rnor€than brenty {eet being counted ar though
occupied by a building .et bacL twenty feet.4. LOT SIZE:(a) No dwelling shall be erected in anyRD,l district on a lot containing less
than 20,000 square feet or hss thanll0 feet wide for a depth of t00 fee!Irom the str€et lin€.(b) No dwelling shall be erectcd in any
RD,2 district on e lot containing lesE
than 1t,000 bquare fe€t o! less thenl2t feet wide for a depth of 90 feet.froln the str€et line:- (c) No dwelling ehall be erected in anyRD,3 district on a lot containing lesgthan 10,000 square feet or less than
100 {eet wide (or a depth oI 80 fe€t
from the street lin€;(d) No dwelling shall be encted in any
RD.4 district on a lot containing less
than 8,t00 6qare feet or l€ss than 80
feet wide for a depth of 80 feet from
the 6treet line.(e) No dwelling shall be erectd in any
district on a lot containing less than
8,t00 square feet or less than 80 feet
wide for a depth of 80 feet from the
street line, provided that one dwelling
may be erected on any lot whicL, at
the time this by.law is adopted, eitheris separatelv owned or is shown on a
record€d plan o{ lotr.
On new subdivisions of land the corner
lots thereon shall contain a minimum areaof 10,000 square feet with a minimum of
100 foot frontag€ on each stteet.
l0
life of such building, be occupied by or
counted as open spac€ for another building.6. PROJECTIONS. Nothing herein ahallprevent the projection of cornices, windowsills, belt courss and other ornamental
features in!o any required yard, not exce€d,
ing eighteen (lE) inches, excep! that srepsin front yards may be permittrd.7. No person shall 6ll aoy area in the Townof Ya(mouth with earth, concrete or other
material to a depth in excess of 6ve (l)
fcet withou! a permit from the Board of
Selectmen Said Board- may require ananplicant f,'r suc\ permit to furnish suchplans or speci6cations as the Board may
deem necessary and any permit issued here.
under may contain such provisions, condi,
tions or limitations as the Board may deempropcr. Any person aggrieved by any ac,tion of the Board of Selcctmen hereunder
shall have the right to appeal to the Zoning
Board of Appeals under the applicable
provisions of the Zoning Laws.
SECTION VII. ADMINISTRATION
l. ENFORCEMENT. This by.law shall be
enforced by the Sclectmen until such time
as there is a building inspector and thete.
altcr by such inspector.
2. BOARD OF APPEALS. There shall be a
Board of Appeals of 6ve mcmbcrs and not
lcss than two nor more thao four associate
nemhers appointed by the Selectmen as
provided in Section 30 of Chapter 40 of
the General Laws, as amended, which shallact on all matters within its iurisdictionunder thosc byJrws in the manner pre-
srribcd in said scction.2,{. Whcnever r viriance, a spccial permit or
apprr,vrl of thc BorrLl ot Appeals is given
for a busincss, industrial or commercial use,
thcn thc sign restnctions applicable to busi
lt
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ncer district! rhall apply to ruch variancer,
special permit! or approvals.
No huildingr rhall bc crccted, placcd, or
changed as to lhe use thereof, without a
permit therefor issued by the S€lectmen.The Selectmen mry require, if thcy deem
necersary, dane and rpecifcetion: to be
6led with thc application for permit, euchpermi! and application therefor to be in
6uch form a3 th€ S€lectmeo prescribc. Any
petson aggrieved by the refusal of the
Selectmen to issue a permit un&r the pro.
visiong of these by.laws may appeal to the
Board of Appeals by 6ling s/ith the Sel€ct,
m€n and thc Board of Appeals a notice
of appeal, in accordance urith the rulee of
the Board on 6le with the Town Clerk andin accordrnce with Section 30 of Chapter40 of the General Laws. Applications for
permit6 from the Board of Appeals required
by thcse by.laws shall be 6led in the same
manDer. Any permi! used hereunder shall
be void if not uged within 90 days from
date of issue.The Board of Appeals may authorile
upon appeal a variance from the terms of
these by.lavra with respect to a particular
parcel of land where, owing to conditiongpecullar to 6uch parc€I, a literal enforce,
ment of the provisions of these by,laws
would involve suktantial practical difficulty
and hardship. In granting such a variance,due consrd.ration shall be given to pro.
moting the public good, and no variancr
shall be grarted which will have a detri'
mental €fiect upon the neighborhood. In
any case where the interpr€tation of th€se
by.laws is not clearly obvious, the Select,
meh are arrthorized and directed to submirto the Board o[ Appeal for expression of
opinion be[ore rs.uing a ruling on suchcase. ", . no appeal or petition . for
a variance from thr terhs . . with rcspectto a particular parcel of land and no appli
oation for a special exception to th€ ternN
t2
. . . which has hcerr rrnfavorrbly acted
upon by thc R,':rrd ,rf Appoals shnll bc con,
sidctcd on its nrcrrtr hy rrirJ li,lrd withinTwo yc;rrs af(cr th. datc of such unlavor
abl€ acrion except with the consent of all
the mcrnbers of thc Planning Roard . . ."3. PENALTY. Any per,on violatins any of
the provisionr of thrs by,law.hall be 6nednot more than twenty dollars lor each
ofiense. Each day that such violation con.
tinues shall constitute a separate ofiense.4. oTHER REGULATIONS. This by.taw
shall not interferc with or annul any by,
laws, rule. rcgrrlatrr,n. or pcrmrt, providcdthrt unless rpccr6c,rlly cxcrpted, wherc rhs
by,law is more stringent it shall conrrol.t. VALIDITY. The iovalidity o[ any sectionor provision of this by,taw shall.not invali,
date any other 6eciion or Drovisions hereof.
BUILDING CODE
Adopred 1950 - Extensirely Revired l95l
sEcTroN t.
To promote the herlth, safety, moral aodgeneral wcl[are of its inhabitants, to lessen the
danger frorn 6re, and to improve the town, the
construction, reparr and alteratiou of buildingsand stru(tures in the Town of Yarmouth are
hereby restricted and regulaled as provided undcrthe prr:visions of Section 3, Chapter t43 of the
General Laws, as amendcd by the Acts of 1933,
Chapter l4 4.
SECTION 2. NOTIFICATION OF
INTENT TO BUILD, ETC,
PAR. l. No building or structure shall be
erected, altered or reconstructed w;thou! a per,
mit granted by the Building Inspector.
PAR. lA. The Brrilding Inspector shall in.
spect all building operrtrons within the town,
and shall have the right of entry at reasonabtehours. He shall requirr that all workmanship
and rll building matcrial. shall hc of good quality,
and that lypes and mechods o[ construction shall
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be in eccordance q,ith gen€rally accept€d rtand,ardr of engineering practice. He shall have theaulhority to stop conrtruction of any buil&ng,
or the making of any alceration or repair to eny
building, when the 6ame k being done in a reck,
less or careless tnanner, or in violation of this
code, or any ordinance or by.law of the Town.
PAR. 2. Thh By.Law shall flot apply to ac,
cessory Buildings not to b€ used for the purpose
of habitation, buriness or public assembly having
a floor space of lesd than Three Hundra (3OOi
rquare feet (ercept garages ar hereinafter pro,
vided for).
PAR. 3. This By.Law shal! not apply to ordi'
nary repairs to buildings, provi,Jing euch repairsdo nor include the removal of walls which tendto v,/€aLen the structure.
Amendment:
Added Par. 2, 3 and 4 (19t3).
Added Par. lA ( 1966).
sEcTroN 3.
Applications for buildr'ng permits shall be rc,companied by a plan of the lot showing theactual dimenoions of the lot, the exact loCadon
and 6ize of building structures to be erected,
tog€ther with location of cesspool or septic tank
and water supplies ofl proposed lot and ediacent
lots, eod streets and alleys on and adiacent tothe lot. A record of such appLcations and plans
shall be kept on 6le in the o6ce of the Buiiding
Impector.
sEcTroN {. Foo NGSPAR. l, Footings on one or one and one,halfstoty buildings shall be at least four inches (4")
by sixteen inches (16"), and on two-story build,
ings, six inches (6") by sixte€n inches (16").
PAR. 2. AII footings shall extend six inches(6") below loam into sand and all footings inclay soil shall extend three feet (3') below giode.
SECTION 5. FOOTINGS AND ;OUNDATIONSPAR. l. All foundation walls shall be eightinches (8") of coniinuous masonry.
PAR. 2. AII footings for lally <olumns orposls or masonry piers shall be at least Eitteen
l4
inchcs (l{r") hy qirtecn inchca (16") and tcn
inches (10") thick. All masonry piers, iI builtof brick, shall be eight inches (8") by eight
inches (8"), rnd it hrrilt of concrctc bl(rL cight
inches (E") by sixteen ioches (16").
l9l2 Par. ll9l3 Repealed and new Section I adopted.
SECTION 6, FIREPLACIS AND CHIMNEYS
PAR. l. Fireplaces 6hall be constructed ofsolid masonry wjth back and sides not less than8 inches in thickness and supported by a concrete
fooring of at least 8 inches in thickness extending
at least 4 inches heyond masonry and crtendingto 6rm and undisturbed ground. All outside
6replace and chimney footings shall extend to
and be a part of th€ outside wall footings. All
inside fireplace and chimney footings shall 6e of
the same dimensions as for outside footings and
shall ertend to firm and undisturbed ground. I{a 6r.place is not construcred directly upon thefooting hut at a point akrve it, such fireplace
shall be supported hy a rein{orced coocrete 6labof not less thao t inches in thickness. Fireplace
hearth ertensions shall bc provided for all 6re-
places and may taper ftcrm the I inch thicLnessat the face of the frcplace to a minimum of3 inches in thickness at the front edge of thehearth. The hearth extension shall extend at
least 16 inches in front ol, and at least 8 inches
beyond each side of the freplace opening. Where
a freplacc is clcvatcd above or overhangs a floor
th€ hearth extension shall also extend over the
area under the fireplacc. Such hearth extensionshrll be of bricl, concrete, stone, tilc or other
noncombustjble material properly supported endwith no combustrble matcrial against the under.
side thereof. Woodcn forms or centers usedduring the construction of hearth and hearth
extensr'on shall be removed when the construction
is completed.
PAR. 2. All 6rcplaces and chimneys for low
heat appliances shall bc of masonry, stone or
other noncombustiblc approled or list€d matetials
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and shall b€ lined with rpproved Gre clay liners
not less th.n 5Z inches in thiclness. Fireplace
flue lininrs shali beein ac and be rupponed by
the toD of the throat o[ the fireplacc. The thrort
or smike chamber of the Ereplace shall be con'
struct d entirelv of brick. Ai the tth courte o[
bricks above the lintel the maeonrv shqll have
reached a minimum thickness of 8 inches and
this thicLn.ls ahall be carried to a point riot
lower than the bottom of the 6rst 0ue lining.
The flue linines shall b€ continuous from the
throat to the tdp of the chrmney, btdded one on
the other with cement or 6re clay mortar with
close ftting joine lelt smooth on the inside. The
firebox, thi ihroat and the connecting flue linings
for the entire hei(ht of the chimney ehall be
comoletelv as one chamber with no other flues
or liue linines b€ing or forming a part of lhis
chamb€r. Flu€ lininir for heating appliances shall
becin not less rhan I foot below the lowest
thimble. Fron the top of the hearth slab to the
toD of the chimney ihe heating appliance flue
li;ing shall be tightly enclosed with masonry to
elimrnate poclets or voids where g:rse6 may
accumulate.
PAR. 3. Chimneys fot low heat applianceo
shall exttnd at least 2 feet above the highest Point
where they pas,! through the roof of a buildine
and at leist- 2 feet higher than any portion of
the building within l0 feet.
PAR, l. Factory6uilt 6replac4s shall be of
rhe aDoroved tvDe a6 a result of tcrtt and lkting
bv a'nit,onally iecoenired tes[ing laboratorv and
slialt be instalied in accordance with dle condi'
tion6 of the approval.
PAR. l. Factory'built fireplace stoves shall be
of the aooroved tvpe as a result of tests and
listins bv i nation;[ly recognized testing Iabota'
oorv ind shall be installed in accordancc with the
conJrtions of the aPProval.
PAR. 6. Hearth extensions for factory'built
lireolaces and for factorv'built 6replace stoves
shail he not less than 2!,/z inches in thickness and
shall bc of asbestos, concrete, hollow metal, sronc,
tile or other approved ooncorobustible Eat2rial.
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Such hea.ttr extensions may be placed on the subor 6nish flooring whether the flooring is com,
bustiblc or not with the approval of the local
authority. The hearth €xtension shall be readily
distinguishable from the surrounding floor.
PAR. ?. Factory.hurlL chimney! that have been
approved as a result of tesrs and listing by a
nationally recognired testing laboratory shall be
installed in accordance with the conditions of the
approval and of the local authority.
PAR. 8. No woodu,ork shall be placed within
6 jnches of a fireplace opening. Woodwork abovc
and projecting more thin llZ incher from a 6re,
place openrng shall not be placed lcss than l2
inchcs frrm the top of a fireplac€ opening.
PAR. 9. Where chimney or fireplace masonry
is less than 8 inches but in no case shall wood,
work be nearer than a clearance of I inch. This
shall not prevent placing chimneys for ilow heat
appliances entirely on the erterior o{ a building
against the sheathing. Firestopping with zuitable
noncomhustible material to a depth of I inch at
the bottom of all spaces between chimn€ys and
wood joists, beams or headers shall bc installcdin accordance wirh the local authority.
PAR. 10. C,leatances for heat producing ap,
pliances. rmoke pipes, chimney connectors and
vent connectors shlll hc a. defined in the Na.
tional Fire Code as published by the NationalFire Protection Association entitled "Srandard
Installation Clcarances, Inches, for Heat Produc.
ing Appliances."
PAR. IL AII huildings, hcreaftcr cr.ctcd,
shall hc of wood, brick, ccmenl, ltone or masoory
coastruction.
l9t2 Addcd Par. 2A, 9, 10, rl, 12, 13, 14, 8A,
'4, '8,
24,l9!3 Rcpc:rlcd rnd ncw Section 6 adopted.l9tt Delcted Par. I anil Par. i and new Par. I
and Pnr. t rrdopted.
1966 Rcpealcd and n.w Section 6 adopted.
SECTION 7. TRAMING
PAR. l. No hcaring partition shall be morc
than Lwo feet (2') lrom main carrying girder.
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PAR. 2. Sills. A 5or sill or . four by oix(4x6) may be used.
PAR. 3. Girders. Girders ahall be dx by
eight (6x8) or its equivalent, if built up of twobv eieht (2x8), shell be well apiled togethcr
and ioink broken ovcr bearing". Spacc betwccn
bearinge not to be over eight fee! (E').
PAR. 4. Sloor timbert.
lloors shall be boarded to outside o[ sills. andtwo by four (zxa) shoes shall be laid under allfour inch (a") partitions. All house floots shallbe either single or double boarded. I{ eingle
flooring i< uscd the matcrial mr.r.t he eirher ply,
wood of not less than three-quarters inches ( 3/a")
in thicLness or matched boatds of equal 6ber
stress to eastcrn 6r or spruce and the end cut6
must come over lhe center of a floor joist and
be securely nailed ro this joist.
PAR. lA. Exterior studded walls and roofs
shall be shcathed with boatds not less than 3/a"
tbick and covered with a standard building matr.
rial as app()ved hy thc Building Inspector. Ply,
wood not lcss than !,22" thick of exteriot gradc
rnay be substilutcd for 3/a" material for sheet.ing on erterirtr walls, floors,.and roofs, provided
floors are douhle thickness.
PAR. 6. Studding. All outside walls and
bearing prrtitions two by four (2r4) sixtecninches (16") on center, as an alternate, outside
wall. m.ry he framcd wrth four by lour (414)
studs threc fecu zcro inchrs (3'0") on center,wrlh (olrd f,'ur by srx (416) corner post. If
outside boarding is vertrcal, corner braces must
be used. All berring partitiols shall be two byfour (2x4) plates doubled. All minor partitions
shrll be at lcast two hv thrce (2x3) and a singleplate may be used. All open,ngs over four feet(4') shall be trussed, or timbers suficient to
carry the load. Hcaders over all openings in
exterior wall or bcaring partitions shall be douhled
and supportcd by jack studs and shall not erceedthe following:
4',2x4s on edg€1/2',2 2x6s on edge?', 2 2x8s on cdge or I 4x8', 2 2xt0s on edge or I 4xlo
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PAR. ,. Bridging. One ( 1) row of bridging
whrre tDan of flooi timbers i5 from eight feet(8') to -{ourteen feet ( l4'). Two (2) rows of
hridsins wbere sDan of floor timbers is from
fourieei feet (147) to twenty feet (20'). A[
l8
PAR. 7. C.-rll.rr Beams. Two hy four ( 2xa) -maximum span ot right teet (8') - two lcet (2')
on crnter. Two by six (2x6) -mrximum span
krurteen fect (1.1') -two feet (2') on center.Two by eight (2x8)-rnaxinum span sirteen
feet (16') -two feet (2') on center. All collar
19
Over 7
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bcams rhall be well epiled over bcaring parti'
tions and to rafterc to form a cont'inuous tie
acrocr building. Thcrc rirc timb.rr .r. io bc
ured uhert thcte are no stairu to attic.
PAR. 8. Rafters.
PAR. tl. Notation. All studding and board.
ing shall he nailcd rvith rt lcast erghtpcrrny (8d)
b,'rrrl n;rilq 'fr.r1' ,1,,,r. .l'.ill hc in.r:rll"J t(! rll
attics at leas! twcnty.two by thirty (22x!0) inchcs.
PAR. I2. Trmtrer.. All timher for boarding
and structural purposes shall be free from defects
such as shakes, unsound or loose knots, rot, ex-
ces.rve wormholes and defects caused in itg manu.
fac!ure.
Amendments:l9l3 Refealed and new Section ? adopted.
Deleted Par. 4, t, 6, 8 and 12 and adopted
New Par. 4, t, 6, 8 and 12.
1966 Adopted Par rA, amcnd Par. 6.
SECTION 8. HEATING AND VENTILATING
All heating, venlilating. air conditioning andblower and eihaust systcnrs hercina{ter installedor altered shall conform to the Building Crdesand Standards of the National Board oI Fire
Und:rwriters.
Amendment:l9l3 Repealed and new Section 8 adopted.
SECTION 9. GARAGES
PAR. l. Basem€nt Gatages. They shall be of
6reproof constructir:n throughout, with the ex,
ception of the outside doors. Any door con.
necting the garage with the rest of the base.
ment must be of freprc,of construction and sel['
closing,
PAR. 2. Framing Garages. Sills can be two
by fours (2x4s) doubled or four by {our (hl).
Corn€r posts can be two by fours ( 2x4s) doubledor four by four (4x4). Walls may be studded
two by four )2x4), twenry.four inches (24") on
center. Plates two by four (2x4). Rafters. floor
timbcrs and collar beams to be the same as dwell,ing. No wooden floors to be used in garages.
PAR. 3. Attached or hreczeway garages. On
wall side adjoining dwrlling two by four (2:r4)
shall he sixtcen inchcs (16") on center. Ceiling
shall be furrcd one by thrcc (lxl) sixteeD inches(16") on centcr. Wall adjoining dwelling and
entire ceiling shall be covcred with fre resistant
oaterial, ercept where the garage is conoected
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PAR. 9. Furring. All furring shall be not
less than one by thrie (lx3) and not more than
sixteeo inches (16") on center.
PAR. tO. Boarding. All framing to be well
soiked and nailed. Al.l tough boarding up to
tin inches (10") wide, two (2) nails on erch
braring, over ten incbes (10"), three (3) nails.
20
!
SECTION !I. ENFORCEMENT
PAR. l. TIris lly-Lnw sLall hc adnrinistcrc<l
by the Building lnspector. He shall approve no
application of any kind, plans or speciIcationswhich are not in all respects in corformity to
this By,Law.
PAR. 2. The Buildirrg lnspector in the nameof the Town may take mcasures as public safety
requires !o carry this By,Law into €fiect.
PAR. 3. No installation of water. wiring forthe conduit of elc.tricity, or gas shall be made
by any ol the departments having control of thc
Famc. rithcr permjrncnt .r temporary, td or on
building. to be con.tructcd or placcd (including
any mode of structure, mobile or immobile) un,
Iess, or until a building permit ltrs been issuedhy the Building In.pector id accordance with thc
Building Code now in force and €[ect, with the
exception of uliliries to bc installed in nunicipalor school department works or for agricultural
purPoses.
Amendment:l9l3 Repealed and new Section ll adoptcd.
1962 Par. 3 adopted.
SECTION 12. BOARD OF APPEALS
PAR. l The Board of Appeals establishcd
under the loning By-Laws shall be the Board of
Appeals for the building By-Laws. No member
of the Board ol Appcrl. shall rct in any casc in
which he is 6nancially interested. Every decisionof the Board of Appeals shall be in writing and
shall require thc asscnt of all members of theBoard. Any applicant for a permit whose application has heen rclusecl hy the Sclectmen or anyprrson disratisfcd with thc dccr.ion of the Select.
men on any maucr !e[t hv thir By.Law lo rhcir
approval or di"creti,'n rrr.'y appeal thercfrom to
the Borrd of Appcals within ren (10) days frornthe dare of said refusal or decis rn. Il the re,
fusal or decision of the Sclectmen is alfirmed theruling is 6nal. Il the action of the Seleccmen is
modified or annulled, the Selectmcn shall r'ssue a
permit or decision in accordance with the deci
2l
to the dwelling by a breezeway of sir (6) f.et or
rnorc in lcncth. ln th. lattcr care, howcvcr, no
windowr strall be placed on dwclling ride of
garage. A breezewiy rhall not b. le*s than sir
lcet (6') from dwelling to garage
PAR. 4. Detached g.rages. Detached gareg€s
shall not be le$ than tw€lve feet (12') from any
other building and need not be 6re'prooIed, but
shall conlorm with the zoning laws'
Amendments:19tl Repealed and new Section 9 adopted.
lgli Deletcd Par. I, an'I adopt€d new Par. l.
1916 Amended Par.3.
sEcTloN lo.
No wrll or ceiling in any building shall be
cover€d or lathed until the Buildiog Inspector
has been notifed and has an opportunity to
insDect such work. Building Inspector and Wire
lnsoector shall forthwith maLe an inspection
wrthin fortv,eiEht (48) hours of the receipt o[
such norice 60- a! not to hold up any worL of
construction.
Amendment:l9i3 Repealed and new Section l0 adopted.
SECTION IOA. FIRE STOPPING
PAR. t. All buildinse except dwellings hav'
rnp an oD€n unoccupied area betwetn the under'
siie of the roof boirdinl and the ceiling of the
floor below shall be fre'stopped a6 follows:
PAR. 2. MOTELS: A double faced 6re stop
Dartition covered with fireproof matellal from
ihe underside of the roof boarding to the ceil'
ing of the 6pace below shall be installed above
lha partition be,low which 6eparates every two
units.
Amendment:l9t6 Added this peragraph.
PAR. !. PUBLIC BUILDINGS: Must be
fir..stoDoed in the same rnanner as aboue and at
interuaii ae recom&ended bv the F,ire Chiel or
Building ln6pector'
I
lion o{ the Board of Appeals- The Board of
Appeals shall grant a hearing on each appeal, of
which a.ll persons interested 6hall have notic€.
PAR. 2. Upon petition 6ted by rny person,
the Board of Appeals may by unanimous decrson
suspend or vary the applicatjon, or provisionr of
thcse By.Laws, in spcci6c cases which appear to
them not to have been contemplated by the By'
Laws, or in cases wher€ manifest injustice is done,
orovided the decisron shall not (on0rct with the
lpirit of the By.Laws. The deoision shall specily
the variation allowed and lhe reason or reasont
therefor.
The Board of Appeals shall grant a hearing
on every application for variance or suspension
of which all persons intere6led sha,ll have notice.
Amendment:l9i3 Repealed and new Section 12 adoPted.
SECTION 13. FEES FOR PERMITS
For each build,ing p€rmil issued by lhe Select'
m€o or the Building Inspectot for the erection
or alteration of buildingr, there shall be paid to
the Selcctmen or Building lnspector for the trse
of the Town, a fee according to the following
sch.dule, vizl
ELECTRICAL INSTALLATIONS
l No per"on drall inrtrtl wrrr'., crrnrlurts,
apparatus, li,(ture..,'r,rther .rppliance" fr,r c;rrry.
ing or using electricity lor light, heat. or powet
within or connected to rny buildine without fi.srnotifying the Inspector of Wires, in writing, o[
the proposed installation.
2. Whoever violates this law shall he pun,
ished by a 6ne of not more than twenty dollars($2o.oo).
Adopted 1940.
INSTALLATION OF OIL AND GAS BURNERS
No one shall iostall or materifllly alter oilor gas burning equipnrent withour. 6rst rnaking
application for and obtarning a permit. No onc
rhall store fuel oil or liquid petroleum gas with.out f,rst obtaining a permit.
The installrtion of all oil and gas burning
€qu,pment mu.t contornr uith th. requircmcntsof the Department ot Public Safcty and be ap,proved by the Chicf of thr Fire Departrnent
and/or by rhe Building Inspector.
Whoever violates tht by.law shall hc pun.
ished by a 6ne o{ no! more thao twenty dollars
( t20.oo).
Adopted 19t1.2
$I
z
3
4t
6
1
For Alterations
For Gatages
For Garages
For Garages
Dwellings
Motrls
All othera
I car)
2 car)
2 car or ovet)
.00
.00
.00
.00
.00
.00
.00
per room)
per unit)
Amendments:l9t3 Added
19t6 Par. t am€nded.
1961 Sec. 13 amended.
SECTION I{. PENALTY
Whoever violates any <,f th< provisr,'ns of thi"
ordinance shall be punished by a 6nc not ex'
ceediog tw€nty dollais ($20.00) for each oflense,
Each ilav that such violation contioues 5hall
constituti a separale ofien6e.
21
CLEARING LAND
Persons clearing land in the Tovn of Yar
mouth shall burn or remoue lrom the premi"r'.
all cut trees, stumps, brush and slash. A permitto burn must 6rst be obtained from the Forestrd/arden. No brush. drsh, Lmhs. logs, trunk" or
roots are to bc deposned in the Town Dump
without 6r6t obtaining a permit from the Boardof Health.
1966 Amended.
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