HomeMy WebLinkAbout1984 Zoning Bylaw April 1984Yarmouth, T
75-1100.
75-1200.
75-1300.
75-1400.
75-1500.
75-1500 -
75-L700.
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3
5
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Chapter 175
ZONING
ARTICLE I
Administration and Procedu re
Purpose.
Administration.
Board of APpeals.
Permit reviews.
Applicabi 1i ty.
validity.
ArnendoenE.
ARTICLE II
DisErict Regulations
Est.ablishment of districts
Use regulations.
Use Regulations Schedule.
Intensity of use regulat ions.
Intensity of Use RegulaEions Schedule.
ARTICLE III
Geoeral Regulations
Parking and loading requirements.
Fi11ing.
Signs.
Design staodards.
ARTICLE IV
Special Regulations
Accessoly uses.
Open space village develoPment.
Flood area provi s ions .
Wetlands Conservancy DisEricE.
Motels.
ARTICLI V
Definitions
P
75 -2 100 .
75-?200.
75-2300.
75-7400 -
75-2500.
I
9
10
15
t6
75-3100.
75-3200.
75-3300.
75-3400.
18
27,
23
25
75-4100.
75-t+2OO.
75-4300.
75-4400.
75-4500.
26
26
33
35
39
$ 175-5100. DefiniE ions.4L
LEGISTATIVE HISTORY
This Zoning By-1aw has been revised and reorganized accord'ing tothe provisions of Chapter 808 of the Acts of 1975, The Zofling Act,under article 1of the Special Town Meeting on April 11, 1978.
Revi si-ons :
1. In the Special Town Meeting of December 5, 1978, and continued:
Under Articles 25, 28 and 36.
2. In the Annual- Town Meeting of Aprif 8, 1980, and continued:
Under Articles 54 and 55.
3. In the Special Tobrn Meeting of January 7, I98t:
Under Articles 2 and 3.
4. In the Annual Town Meeting of April 13, 1982, and continued:
Under Articles 45, 45, 47, 4e,49,50, 51 and 52.
5. In the Annual Town Meeting of April 12, 1983, and continued:
Under Articles 19, 20, 28 and 53.
6. In the Special Tov/n Meeting of September 28, 1983, and continued.:
Under Articles 14, 16 and 18.
7. fn the Annual Town l{eeting of April 10, 1984, and continued:
Under Articles 25,26, 43,44 and 46.
I
I NDEX
\./ A Accessory usesAlteration or change of structure or landAppeafs, Board of
Abandonment of Use
B Bonus - Congregate living housingBui,lding height
Business & Industrial lots
C Campj-ng & recreational equipment
Change, extension or alteration
CIuSter & PRDCluster Development
Condominium Conversion
Congregate living housing
Section (paqe)
4100 126lr41r {3) 1s32 (5)
1300 (1)
1s3r (s)
4245 (
2440 Ir535 (
4310 (l2r0 (
r532 (
4110
L532
14 31
4200
r540
4200
s100
14 31
4243
25 00
2110
1535
(41)
(4)
lzel(16 )(8)
(7)
29\
rs)
6)
26)
6)
4)
271
7l
2'71
D De f init ion s
Design Standards
Dimension Requirements - single family clusterDimensional Requirements - Table ofDistricts - establishment of
Dup lexe s
E Elevations, minimum floor
En forcementExtension, change or alteration
F Fillj-ngFlood area provisions
Floodpl-ain zonesFront yard
Frontage reduction
c crandfathering
Gue s thouse
33)r) 3300
6)
txrl (24A1
3200 (221
4300 (33,34)
2113 (9)
2430 (1s)
2420 (tsl
1534 (6
1431 (4
INDEX (page 2)H IlardshipEearings, publ-ic Board of Appeals
Illumination of s igns
Improvements, site
I n spect ion
K
L Lighting
Loading requirements
U l.{inimum frontage reduction
Mobile Home Parks
Motels /hotels
l,tulti-family
Multi-family - none north of Rte. 6
N Nonconformancy
Nonconforming lots
O occupancy permit
Of f -street parking requirements
open space requirements in cluster or PRD
Section (page )L322 121330 (3
3300 (
1412 (
L220 I
4520
3r41
: 1423 (4) :
J
2 3A)
3)
1)
I
(40)
(221
2420
14 31
t4 31
4500
1540
(1s)
(4)(4):
(3e)
(71 z
42Oo l27l zfootnote 14 (148)
2500 [Bl (16]:
2300 (11):
3120 (r8-20):
1530 (s
1534 (6
1412 (
31r1 (
4260 (
3)18):
3r)
:
P
Ii\iDEX (page 3 )
Parking no more than two carsParking & loading requirements
Penaltie sPermits, buildingPermits, comprehensive - Iow or moderate income
hou s ingPermits, occupancyPermits, requiredPermit, signPermits, special - special permit granting
author i ty
Planned ResiCential Development (PRD)
Plans for Site Plan ReviewPetitions, repetitive
Section (page )
5188
r230
r325
{16a}l(r)
(3)
L324
L4t2r4r0
3300
13 21
1424
4200
r433
1340
t2t(3)
(3)
txl
l2l t
&)
l27l(s)
(3)
(241
L420 E, 21 (3) :(4) :1s40 (7) :
(e)R Rear boundary lot linesRecreational equipment
Re storat ion / repa ir
Reduced frontage
2LL4.2Ll5:2120:
4110 (25)
1533 (6 )
2420 (t5l
S Scientific uses
S igns' S j-ngIe lots
\,, Site Plan Review
4t20 126l3300 (23,24)
1s34 [a] (6)
1430 (4,5)
Is36
213 0
4110
2300
(7)
(e)
126lt04I (r4A)
T Transitional provi sions
Two districts - lots in
Travef Trailers - parking
Trucks - parking
U Use Regulations
Use Regulations Schedufe
V Variances
2200
2300
(10)
(11)
L322 (21
y:lxyz Wetlands Conservancy District 2Lt2 (81 : 4400 (35):
Chapter 175
z0NtNc
ARTICLE I
Administralion and Procedure
S 175- 1100. Purpose.
The purpose of this bylaw is to promote the health, safety,pelfare of the inhabitants by dividing t}}e town into disEricts
the use and construcLion of buildiogs and premises therein.
convenieoce and
and regula ting
$ f 75- 1300. Board of Appeals.
the poters
bylaw.
L220. Professional inspection. Construction on projects under a single
building permit involving eitlter one (l) or more strucEures (other than
ooe- or two-famlly dvellings), each containing thirry-firre thousand (35r000)
cubic feet of volume or more, or lnvolving fifty (50) or more dwelling units,
irrespective of type, shall be done with the inspecEion of a registered
professional engineer or architect, retained by the developer. Such engineer
or archltect shall periodically, as requested by the Building Inspector,
att.est that all sork being done under his supervislon is beiug done iu
accordance with the plans as certified under Subsection 1411.
1230. Penalties. Any person violatlng any of the provisions of thls byl atrshall be fined Dot more than fifty dollars ($50.) for each offense. Each
day that sucb violation continues shall constitute a separate offense.
1240. Nodescrifidration. rhe a&niaistration arri enforcenent of this By-1awshal1 be done w-ittro:t regard to race, co1or, sex, age, physical h"rrdf."p,religion or national origin.
1310. Establishment- The Board of Appeals sharr consist of five (5)members and such number of associate mlmbers as the serectgren srraitdetermine, wtro shall be appointed by the serectmeu and sharr act in arlmatters-under thls bylaw in the oanner prescribed by c.L. c.40A, 40B and 4r,as amended.
1320. Powers. The Board of Appeals shall have and exercise allgrantEd tg it by c.L. c.AOAr -40B and 41, as aruended, and by thisThe Boardts powers are as follows:
$ I75-1200. Adminis Eration.
1210. Enforcement. This bylaw shaIl be enforced by the Building IusPector.
Yarnouth, T.
1321. To hear and decide applications for special permits upon
which the Board is empowered to act under: this bylaw, in accordance
wi th Section 1420.
1322. To hear and decide appeals or petitions for variances froothe terEs of this bylar, including variances for use, wlth respect
to partlcular land or sEructures. Such varlance shall be granted
only in cases where the Board of Agpeals finds all of the following:
(") A literal enforceoent of the provisions of this bylaw vould
Lnvolve a substantial hardship, financial or otherlise, to thepetltioner or appel lant.
(b) The hardship is owing to circumstances relating to the soll
condltions, shape or topography of such land or structures and
especially affecting such land or structures, but not affectiug
general.Iy the zoning disErict ln wtrich lt is located.
(") Desirable rellef may be granted wlthout elther:
(l) Substantial detrimenE to the public good; or
(2) Nulllfying or substantially derogating from the
intent or purpose of this bylaw.
1323. To hear and decide other appeals. Other appeals w111. also be
heard aod decided by the Board of Appeals r,-hen taken by:
(a) Any person aggrleved by reasoo of hls lnabiliEy to obtaln epenolt or enforcement actioo from any admlnistrative officer under
the provlslons of G.L. c.40A, as amendedr' or
(b) The Cape Cod Plannlng and Economlc Developmen! Corrnisslon; or
(c) Any person, lncludtng any officer or board of the Town ot Yarmouthor of any abuEting torrn, lf aggrleved by any order or decislon of the
Butldtng Inspector or other sdrolnlstrative offlcial, ln vlolatloo of
any provlslon of G.L. c.40A, as amended, or thls bylau.
L324. To issue comprehensive permits. Comprehenslve permtts for
construclloa may be lssued by the Board of Appeals for constructlon
of low- or moderaEe-income housl.ag by a publle agency or linlEed dlvldend
or nonproflt corporatlon, upon the Board's det,ernlnatlon that such
constructlon trould be consLstent wlth local needs, whether or not conslsteot
wi th local zooing, buildlng, health or subdlvlslon requl.rements, as
authorized by c.L. c.408, $S 20 through 23, as amended.
Zoning - 2
Yarmouth, T Z on ing 3
1325. To issue lvithh61d building permits. Building permits withheldby the Building lr,spectot: act.ing under c.L. c.4I S81y as amended, as ameans of enforcing the Subdivision Control Law may be issued by theBoard of Appeals where the Board finds practical difficulty or unneces-sary hardship and if the circumstances of the case do not require thatthe building be reLated to a wal/ shown on the subdivision plan in question.
1330. Public Hearings. The Board of Appeals shall hold public hearingsin accordance with the provisions of G.L. c.40A, 40I} and 41", as amended,on all appeal-s ano petitions brought before it. Submission shal1 be inconformity with Sections I and 14 of Chapter 40A which shall includepayment of a filing fee of thirty dollars ($30.00).
1340. Repetitive Petitions. P,epetitive petitions for special permits,
appeals and petitions for variances and applications to the Board of
Appeals shall be limited as provided in c.L. c.40A 516, as amended.
1350. Zoning Administrator. The Board of Appeals may appoint a
Zoning Administrator in the manner and under the provisions of Chapter
40A S13. The zoning Administrator shalI have those powers specifically
delegated by vote of the Board of Appeals. Such powers may be modified,
amended or restricted from time to time by vote of the Board.
S175-1400 Permit Revlews.
I4I0. Required Permits.
1411. Compliance certification. Buildings, structures or land maynot be erected, substantially altered or changed in use without certifi-cation by the Building Inspector that such action is in compliance with
then applicable zoning, or without review by him regarding $rhether al1
necessary permits have been received from those governmental agencies
from which approval is required by federal , state or focal la.ws.
Issuance of a building permit or certificate of use and occupancy, wherereguired under the CommonLrealth of l.lassachusetts State Building Code,
may serve as such certification.
L420 . Special Permits.
142L. Special permit granting authority. Unfess specifically desionatedotherwise, the Board of Appeals shall act as the special permit grantingauthority. Applications to the Board of Appeals for Special permitshall be fifed with the Town Clerk. Applications to other SpecialPermit Granting Authorities shal-1 be made dj-rectry to those authorities.
Yarmouth, T.Zoning 4
1422. Criteria. Special permits shall not be granted unless theapplicant d.emonstrates that no undue nuisance, hazard. or congestionwill be created and that there will be no substantial harm to theestablished or future character of the neighborhood or town.
1423. Public hearing. Special permits shal1 only be issued followingpublic hearings held within sl-xty-f ive (65) days after filing withthe special permit granting authority an application, a copy of whichshall forthwith be given to the Town Clerk by the applicant.
1424. Conditions. Special permits may be granted with such reasonableconditions, regulations or limitations as the special permit grantingauthority may deem necessary to serve the purposes of this by]aw.
1425. Expiration. Special permits shall lapse if a substantial usethereof or construction has not begun, except for good cause, withintwenty-four (24) months of special- permit approval (exclusive of timerequired to pursue or avrait the iletermj-nation of an appeal referredto in G.L. c.40A, S17, as amended, from the grant thereof) .
14 30. Site Plan Review.
1431. Objectives. The design of projects requiring submissj.on of asite plan, pursuant to section 1430, shall compLy with the following
obj ectives :
a) Internal circulation and egress are such that traffic safety isprotected and access via minor streets servicing single-farnily
homes is minimized.b) Reasonable use is made of building location, gradj.ng and vegetation
to reduce visibilj-ty of parking areas from public ways.c) Adequate access to each structure for fire and service equipmentis provided .d) Utj-lities and drainage serving the site provide functional service
to each structure and paved area in the same manner as required
for lots within a subdivision, and fire Protection Provisionsmeeting Fire Department regulations are provided.
e) Major topographic changes or removal of existing trees are avoided.
f) In or abutting residential districts, effective use is made of
topography, Iandscaping and building placement to maintain, to
the degree feasible, the character of the neighborhood.
L432. Applicability. ApPlications for building permj-ts -for new
construcllon or addition ior the following activities, if involving
one thousand (IOOO) square feet or more of new ground coverage by
structures or paving, shall- be subject to site ptan review:
Cluster and Plannind Residential Development
Mobile Home Parks
Motels and Guesthouses.
A11 other nonresidentia] uses requiring five
spaces.
(s)or more park 1ng
a site PIan review
zoning comPliance.
b
d
addition, the building
he deems it necessarY
inspector maY requirein order to determineInif
Yarmouth, T Zon ing 5
1433. Procedure. Applicants for building permits subject to siteplan revj-ew sha1l submit copies of a site plan as outlined below. Thebuilding inspector shaIl forward copies of the plan(s) to the siteplan review team. The site plan review team shall consist of thebuilding inspector, the to\^rn engineer/town surveyor, and the healthagent or their nominees from their respective departnents, and mayincJ-ude the f ire chief and/or the to\^rn planner. No building permitsubject to this section shal1 be j-ssued without review by the site plan
review team unless tr^renty-five (25) days lapse from the date ofsubmission without review by the tearn.
Plans submitted under this section shall show the location and dimen-sions of the lot, the exact focation and size of any existing or pro-
posed buildings, streets and ways adjacent to the lot, existing and
proposed topography, drj.ves, parking, landscaping, park or recreation
irr eas , tlre use of structures and larrd , screening , water , satiitar-y
sehrerage and storm drainaoe. Such plarls are i:o be prepared, exceptirr the case of orre or two-farniiy dwellings, by a reEistere,i archiLector engineer if such buii<iirrgs contain r:hj-rty-f ive tirousdnd (35,000)
r-uLr j,c f eeL ur ruore of space, as def ine<i in 23i Cr'iR 2.02 (c) .
i434. Requirelrents. The sii-e plarr review Lealrl shapian to cieterrLrine whether or noL i-fie r equir elrlerrts oare satisfied.
1I iiev].ew a
the zoninq.
s ite
bylaw
1435. Compl-iance. In the case of land or buildings subject to this
section, no occupancy permit for full or partial occupancy of the
site shatf be issued until parking, access, drainage and utilities
serving the structure to be occupied have been completed to the satis-
faction of the town enqineering department or a bond for their comple-
t.icn has been posted. where deemed necessary the to$/n engineering
department may require certification and/or as-built plans from aregistered professional engineer, registered land surveyor or registered
architect that the required improvements have been made j.n accordancewith approved plans.
SI75-1500 Applicability.
1510. other requlations. This bylaw sha11 not interfere with or annul
any bylah/, rule, regulation or cermit, provided that, unless specifi-
ca1ly excepted, where this bylaw is more strlngent, it shaIl control.
1520. Conformance. Construction or operations under a building or
speci-al, permit shall conform to any subsequent amendment of this bylaw
unl-ess the use or construction is commenced within a period of six (6)
months after the issuance of the permit and, in cases involvingconstruction, unless such construction is continued througth to completion
as continuously and expeditiously as is reasonable.
1530. Nonconformancy. The lawfu1 use of any structure or land exj.stlngat the time of enactment of subsequent amendment of this byla\,J may becontinued, although such structure or use does not conform with prov-isions of the bylaw, subject to the following conditions and exceptions:
I531. Abandonment. A nonconformingdiscontinued for a period of two (2)established, and any future use shall
use which has
vears or more
conform with
been abandoned orshall not be re-the bylaw.
Yarmouth, T Zoning, - 6
1532, Change, extension or alteration. As provided in c.L. c.40AS.6, as amended, a nonconforminq single or two-family dwelling maybe altered or extended, provided that the BuilCing Inspector deter- \-.,
mines that doing so does not increase the nonconforming nature ofsaid structure. Other pre-existing nonconformingf structures or uses
may be extended, altered or chanqed in use on soecial permit fromthe Board of Appeals if the Board of Appeals finds that such extension,alteration or chanoe will not be substantially more detrimental tothe neighborhood than the existinq nonconformino use. Once changed.to a conforrning use, no structure or land shall be permitted torevert to a nonconforrning use. For the purpose of this section, the
change of a seasonal use to a year-round use shall be deemed anextension of use.
1533. Restoration. l{ecessary repairs and rebuilding after damageby fire, storm or sin:ilar disaster are hereby permitted, providedthat they are accornplished without undue delay and do not substantially
change the character or size of the buildinqs, nor the use to whichthey were put prior to such damage.
1534. Nonconforming lots. Except as provideC below, Iots which donot conform to dimensional or area requirenents of this bylaw, as
amended, and which are helcl in common ownershio with contiguous lotsshaIl not be individually 5si11 upon unless combined and/or resub-divided so as to meet the revised dj-mensional and area requirements.
a) Single lots. Anlz increase in area, f rontacre or other dimensional
requirements of this zoninq bylaw shall not apply to a lot for singlefamily residential use which at the time of recording or endorsement,
$rhi,chever occurs sooner, conformed to then existinq requirements, hadless than the new requirement but at least five thousand (5000) square
feet of area and fifty (50) feet of frontage and was not held in
common ownership with any other contiguous Iot at the time of, or
since, the effective date of the increased reouirements.
b) Two (2) or three (3) adjoining 1ots. Any increase in area,
frontage or other dimensional requirements of this zoning bylaw shall
not apply to a lot for single-family resiCential use, provided the
plan for such 1ot was duly recorded or endorsed and such lot vras
held in comnon ownership with contiouous lots and had less than the
dimension and density requirements of the newly effective zoning but
contained at Ieast 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 by1aw. This exemption shall not apply to more
than three (3) such atljoininq lots held in common ownership.
c) Subdivision and Approval Not Required P1ans. Subdivisions and
Approval Not Required plans \.vhich meet the requirement set. forth
udl Ctrapter 40A sec. 6 are protected from certain zoning changes
a period of eight (8) lrears in the case of subdivisions and three
years in the case of Approval Not Required plans.
infor
(3)
1535. Busj-ness and Industrial lots. In a Highway Commercial (General\/
Bus j.ness) , Business (Lirnited Business) and/or Industrial district'
any i-ncrease in area or frontage of this zoning bylaw shall not apply
Yarmouth, T
to a 10t for business or incustrial use which at the time of record-
ing or endorsement, whichever Occurs sooner, conformed to then exist-
in[ requirements, had less than the new requirement but at least
eiltrt €frousand five hundred (8500) square feet of area antl fifty (50)
fe6t ot frontage and was not held in common ownershj,p vrith any other
contiguous lot at the time of, or since, the effective date of the
increised requirements. Contiguous fots in common ownership sha1l
be combined ind/or resubdivided so as to meet the revised dimensional
and area requirements.
1535. Transitional provisions. The provisions of the above sub-sections shalI not prevent a single-family dwelling or a comrnercialor j-ndustrial building where so zoned, from being built upon a lot,or a lot conveyed, for a period of three (3) years from. the date ofpassage of this article, (April 13,,1983) provided such lot(s) werebuildable lot(s) at the time of recording and where certaj-n vested.rights 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 shalI mean the sum of the followinq:
removal of trees, grubbing and rough gradinq of the roadway.
Those lots in a subdivision which front on a way which has been
completed in accordance i.rith Planning Board requirements sha1l be
exempt from the restrictions set forth above for a period of eight(8) years from the date of passage of this article.
The provisions of the above subsections shalL not prevent a two-family dwellinq from being built upon a lot for a period of three(3) years from the date of passage of this article (April 13, 1983)provided such lot(s) conformed with the zoning requirements forduplexes as in effect on January I, 1983.
1540. Condominium Conversion. Any legally existing conforming or non-
conform.ing structure or use may be converted to a condominium form of
ownershi-p 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) explicitly define the existing use (e,9. seasonal
use, time sharing use, number of units, existence or absence of kitchenfacilities, etc.) and that the "declaration of condominium document (s) "is wri.tten with proper manaoement authorj,ty to insure maintenance and
repair of public health and safety aspects (e.9. water lines, se\^,agefacilities, etc.) of the property being converted.
A special permit may be issued for an entire subdivision based upon atypical condominium unit and 1ot plot p1an, even though said units andIots will vary within said subdivision. Any fees sh.1ll be chargr:C,
upon a single special permit.
In the case of a motel or hotel use being converted to multi-familyuse (as per section 175-1500 Definitions of this by-Iaw), the Boardof Appeals may grant such special permit only if such multi-familyuse conforms to section L75-4200.
Zon ing 7
Yarmouth, T.
S175-1600. Validity.
The invalidity of any section ornot invalidate any other section provisions ofor provi s ions
Xon inE 7a
this bylaw shallhereof.
5175-1700. AmeDdment.
This bylat/ and its map may be amended in accordance with theprocedures described in MGL c.4OA 2.5 as amended, by the submissionto the Board of Selectnen of a proposed amendment by the Board of
Selectmen, Board of Appeals, Planning Board, an individual owningland to be affected by said amendment, or by citizens petition
pursuant to IIGL c.39 s.10, provided that the applj-cant, if otherthan a Town board or comrnittee, shaIl, nrior to a public hearingby the Planning Board, pay the cost of notice of the hearing,including mailed notices, and reasonable costs of processing theproposed amendment and holding the public hearing.
I
Zoni ng - 8
ARTICLE II
0i strict Regul ations
t. tlS-zloo. Establ i shrnent of di stricrs.
211- 0 . Theclasses of Town of Yarmouth isdistricts:hereby divided into the following
Residential (Res. ):Limited Business (LB)
General Business (GB)Industrial (Ind. )Wetlands ConservancyFloodplain Zones: V,
R-87,fl-40, n-25, RS-25, R-20, R-r5
(wc)
A, B,C
211L. Zoning l.lap. Residential, Linited Busirtess, General Business ard IndustrialDistricts are defined ad bourded as strs*n on the nap filed with the Tcrvn Clerk
ard entitled 'Zoning Uap, To^,n of Yarrrcuth", dated }Sril, 1983 as rrDst
rec€ntly arerded. This map and all elel,anatory matter thereon is hereby rnade partof this bylaw.
2112. tlet'l ands Conservancy District
(a) The IJetlands Conservancy District shall consi st of all water bodies, and
all lands in the Town of Yarnrouth containing the fo'l lowing soils:
( I ) Peat.
(2) Coastal beac h.
( 3 ) l,luck.
(4) Sanded muck.
(5) Freshwater mar sh.
(6) Tjdal mar sh.
(7) Au gres; loamy coarse sand, zero-percent to three-percent slopes.
(8) Saugatuckl sand, zero-percent to three-percent slopes.
,Y i:-rnoul , i.
Yarmouth, T zon ing
2114. Limited Business Districts. In a Limited Business District,the rear boundary line shalI be the existing rear boundary 1ot lineas of March 15, 1946, not to exceed, however, ore thousand two hundred(1200) feet in depth.
9
(P) For.purposes of general reference, detailed soil survey fieldsheets '1-11 !9 kept on file with the Town clerk and with thl pranningBoard' The final determination of the location of rounaaiies forthe.Conservancy District shalt be based upon site ,oif arraiysi..
2113.. Floodplain Z"lg:. _ The Ftoodplain Zones are defined and boundedas shown on-the map filed with the iown clerk ana entitiea ir.rooaHazard Boundary Map H-01-04, Fl-ood Insurance Rate Map I_01_04, To$/nof Yarmouth, Massachusetts, Barnstable county,, page i of a ind page 3of 4, Map rev.ised October t, 19g3 and as approved by yarmouth TolrnMeeting, April 10, l-984, and page 2 of 4 ana page 4 of 4, eifectivedate May 2, t977, as approved- b1i yarmouth town rieeting, -iprif t2, tg77.These maps and a1r expllnatory iratter thereon are hereby made part ofthis bylaw.
of
the
2115. General Business Districts.the rear boundary fine shal1 be theas of June 24, 1971, not to exceed,(1200) feet in depth.
In a General Business District,existing rear boundary lot linehowever, one thousand two hundred
2),20. Rear boundary 1ot line. The "rear boundary lot line," forpurposes of district definition, is defined as that boudnary linea 1ot shown on a plan of Iand or descr j-bed by deed, recorded withBarnstable County Registry of Deeds, which is opposite the streetline of Route 28.
2130. Lots in two districts. where a district boundary line dividesa lot in existence at the time such I j,ne is adopted, the regulationsfor the less restricted portion of such 1ot shalf extend not more thanthirty (30) feet into the more restricted portion, provided that the1ot has frontage on a street in the less restricted district.
Yes
NO
BA
z on ing 10
175-2200 Use Regulations
22l-O.Application. No building or structure sha1l be erected and nopremi.ses shall- be used, except as set forth in the Use RegulationsSchedu1e. If a use is not specifically al-lowed, by right orspecial permit, it shal-I 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 antl at least no morenoxious nor detrimental to the welfare of the nej.ghborhood thana specifically allowed use.
The various classes and subclasses of uses Ij-sted here come,generally, from the Standard Industrial Classj.f icatj.on trlanual of
1972 developed by the Office of Management and Budget. While that
manual may be used from time to tj.me as a guide for clarification,the final application shall- be as the "common man" would interpretthese uses in conjunction with the intent below.
2230.
More than one use. where a proposed use might be classifj-ed under
more than one of the following classes, the more specific classifi-cation shal1 determine permissibility; if equally specific the
more restrictive shal- 1 prevail.
2240.
s)rmbo I s .
mean the
The slrmbols used in the Use Regulations Schedule shallfol lowing :
permittedprohibitedpermitted only underpermit issued by the
a special
Board of Appeals.
Yarmouth, T.
2220.Intent. It is the intent of this section to promote a choice in
housing types, including that for transients and broaden the
economic base of the town and create employment while at the same
tj-me protecting the public health by preserving air, water andground water guality and enhancj,ng the public welfare throughregulations or bannj.ng land uses whj,ch are noisey, dusty, dirty,
sme11y, dangerous or otherwise a nuisance to the public at l-arge.Notes These last - noisey, etc., statements are to be considered
away from the place of activity so that while a bowling alley may
be noisey to a bowler, it will not be so to the public drj-ving past.)
175-2300 Use Regulation Schedule
RESIDENTIALAl SingIe-family dwe I I ingA2 Two-family dwe 1I ingA3 Multi-family dwelling (in Cluster/PRDA4 Cluster/planned Res. DevelopmentA5 Boarding or Iodging houseA5 GuesthouseA7 Hotel or motelA8 lvlob i Ie homeA9 Mobile home park
only )
AGRICULTURE, FORESTRY & EISHINqBI Agricultural production of crops82 Agrj-cultural production of Iivestock(except on feed lots - then no)ts3 Agr j,cultural service agencies
ts4 Forestry, fishing, hunting c trappj-ng
IIANUFACTURTNG *El F'ood & kindred products ( except no
manufacturing of fats, oils & shortening)
E2 Tobacco products iE3 Textile milI products ( except no dying,
f j.nishing of yarn & thread mills or
coated fabrics )E4 Apparel and other textile products
E5 Lun f,er and wood products
( *except trood preservinq BA
plywood & particle board BA)E6 Eu!niture r fixtures
yes
no
no
no
no
no
no
no
no
yes
BA
BA.14
BA
BA
BA
no
no
no
no
BA
BA
no
no
no
no
no
no
no
no
no
no
no
no
RS-25 LB GR
o
11
aoc
J
'l
A
yes
yes
BA-14
BA
yes
BA
no
no
no
yes
yes
BA-14
BA
yes
yes
no
no
BA
no
BA
BA
7yesT
yes
7yes?
yes
4, r3
B
yes
yes
no
yes
no
yes
yes
1yes?
yes
2yes
yes
yes
yes
no
yes
BA
yes
yes
yes
yes
yes
'1
7
'7
7
C
D
MINING AND MINERAL EXTRACTIONCI Mining & mj.neral extraction (including BAsand & gravel p j.ts )
CON STRUCTIONDl ceneral bui.J.ding contractors yard
DZ Heavy construction contractors yard
DJ Special trade contractors yard
no no BA
no
no
no
9BA no
9yes
BA
yes
no
no
no
no
no
no
no
no
no
no
no
no
no
no
9
L 3 9rnonoyes no
9no
no
no
no i9 no
no
no
no
no
no
no
3
3
3
3
3n!)
no
no
no
no
no
no
no
9r9
No
P-
Q
Fts
9 no
(
no no no no yes
Ind. WC
7lres-i.='
to royes
(,(
(
(
U}
(
(3
MAN
E7
E8
.ICTURING (cont'd. )Paper & a1lied products (*except BA nofor manufacture of products frompurchased paper & allied material).Printing and publishing no(*except BA for printing )Chemicals and allied products noPetroleum & coal products noLeather & leather products no(*except no for tanning a finishing)Stone, clay and glass products no
Primary metal j-ndustries noFabricated metal products (*except no nofor coating, engraving & allied services)Machinery except electrical noElectrical and eLectronic equipment noTransportation equipment noMisc. manufacturing industr j-es no
TRANSPORTATION AND PUBLIC UTILITIESE1 Railroad transportation terminalF2 Local and cofiunuter passenger transport.terminal (incl . bus, cab, rail Aother transp. )F3 Trucking and warehousingF4 water transportationF5 Aviation fieldF6 Transportation servicesF7 Communications f ac i1i-tiesFB Public util ity
no
no
no
no
no
no
no
no
no
no
no
no
BA
BA
BA
BA
no
no
no
no
no
BA
qyes -
BA
RS-25 LB
no no
no yes
no
no 3no
GR Ind .
3
9,r3
no no
no
no
yes
yes
no
no
no
9yes *qyes-
p
B3o
d
T
F:
E9
EIO
EI1
no
no
no
no
no
no *9
no
no
no
no
no
no
no
no
*9
812
E13
E14
E15
E16
817
E18
no
no
no
no
no
no
no
no
3
3
3
3
no
no
no
no
noyes
yes
yes
no
no
no
no
no
no
no
9yes
no*qBA-
9
9
9
9
no
no
BA
no
BA
no
no
no
no
no
no
no
9yes
BA
noB
yes
BA
BA
no
no
no
no
no
no
4
4
4
G WHOLESALE TRADEcI Wholesale of
( * excePt Noa
'!H
durable or non-durable goods no
No for petroleum products
No for chemica1 & allied products
No for junk yards)
2
2
2
RE:TIAII, TRADEHl Building material,s c garden suppliesH2 General merchandize storesH3 Food stores
yes
yes
yes
yes
yes
yes
4
4
4
BA
BA
BA N
9
9
9
8
8
8
no
no
no
no
no
no
E
E
no
no
no
no
BAno2
yes
BA
BA
no
Res.RS-25 LB GB fnd.Itc
H RETAIL TRADE (cont'd. )H4 Sale of autos, boats, motorcycles,
mopeds or other motorized recreational-vehicles ( includes service asaccessory to sales )H5 Sale of trucks, mobile homes or otherheavy motorized equipment ( includesservice as accessory to sales )H6 Motor vehicle service and repairincluding service stationH7 Sel f servi,ce f uel stati-onHg Apparel and acces soriesH9 Furniture and home furnishingsHIO Eating & drinking establishmentsHlI I'li scellaneous retail stores(*except BA for fuel oi1 dealers;no junk yards in any district)
FINANCE, INSURANCE AND REAL ESTATEII Bank j.ng and credit agency office12 Securj.ty & corunodity brokers & servicesI3 Insurance carriers, agents & brokersoffice14 ReaI estate managers, agents & serviceofficeI5 Hol-ding and other investment office
no
no
no
no
no
no
BA
no
BA
yes
yes
yes
ves
yes
yes
yes
yes
yes
yes
yes
yes
yes
8,9
8,9
no
no
no
no
no
yes
no
2yes
yes
yes
yes
yes
yes 2
ves^
ves^
yes
2yes
2yes
BA8
BA8
yes
ye
BA
BA
I
,98,9
8,9
*8 r 9
o
9
no
no
no
no
no
no
no
no
BA
BA
9
I
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
BA.yes,
yesyes,
yes
2
2,)
BA
BA
BA
BA
BA
_r PERSONAL SERVICESJI Laundry, dry cleaning aJ2 Photographic stud j-os
J3 Beauty and barber shopsJ4 Funeral homeJ5 Shoe repair shopJ6 Miscel laneol-rs personal
no
no
no
no
no
no
no
no
no
no
no
no
yes
yes
yes
yes
yes
yes
2yes2
ves^yes
ves^
Y€ S.>
yes -
no
no
no^
BAY
yes
BA
no
no
no
no
no
no
K yes
yes
yes
BA8
no
yes
yes
yes
garment services
se rv]' ce s
4, t3
4, r3
4, r3
1')
4
4
4,13
L3 ,4
4
4
4
no
no
no
no
no
no
yes
yes
yes
no
no
no
no
no
no
4
4
4
2
2)
2
2
2
2
2
8
8
8
,9
Noa
P.5a
P
(r^
no
no
no
1
no
no .-
no
no
no
yes
yes
yes
yes
yes
II
8rg
BUSINESS SERVICESKl Advertising agenciesK2 Consumer credit reporting agenciesK3 Mailing, repuoduction, comrnercial art
and stenographic servicesK4 Building c]-eani,ng & maintenance servicesK5 Extermination servicesK6 News syndicatesK7 ( -sonnel supply servicesKg / mputer & data processing\
!,nzo
cf
Fl
no
no
no
no
no
K
)s.
no
no
no
"oi,
RS-25 LB GB Ind.
p
nzo
rt
FI
no
no
no
no
yes
yes
yes
yes
yes
yes
no
2yes
2yes2
yes
2yes
8r9yes
6Yes *yes
BA8 ,
BA
BA
BA
BA
BA
BA
BA
,98r9
no
no
MOTOR VEHICLE SERVICESLI Auto, bus, truck & trailer rentalL2 Commercial parkl,ng lotsL3 Mechan j-caI repair shopL4 Auto body & paint shopL5 Other auto servi.cesL6 Junk yard or similar
MISCELLANEOUS REPAIR SERVICESI*II Electrical repair ( includingrefrigeration & air conditioning )M2 Watch, clock & jewelry repaj.rM3 Reupholstery & furniture repair(*except no for paint stripping)M4 Misc. repair shops & related services
AMUSEMENT E RECREATION SERVICESNl Movie & drive-in theatersN2 Dance haLIs, studios & schoolsN3 Theatrical productions, incl. bands,orchestras & entertainersN4 Botrling alleys o billiard establishmentsN5 Professional sports establ ishmentsN6 Public aolf courseN7 Coin-op amusement arcadeNB Private sports & recreation clubN9 Municipal recreation useN10 Temporary (not to exceed 9 days)
outdoor recreationN1I other mi.scellaneous amusement andrecreation services
PROFESSIONAL SERVICES01 Doctors & dentists offices02 Legal office03 Engineering & architectural office04 Accounting, auditing & bookkeePing office
05 Management, consulting & Publicrelati-ons of f ice
no
no
no
no
no
no
no
no
no
no
no
BA
yes
BA
BA
BA
no
yes
yes
BA
BA
BA
no
8rg
9
9
9
9
9 n
n
n
n
n
n
o
o
o
o
o
o
no
no
no
M
no
no 4,I3
4yes
4yes,
yes
no
no
no
no
no
o
N
no
no
no
no
no
no
no
no
BA
DO.r
no
BA
no
BA
BA
BA
BA
BA
BA
BA
BA
BA
BA
BA
BA
no
no
no
no
BA
BA
BA
no
no
no
no
no
no
no
BA
BA
yes
BA
BA
yes
no
no
no
no
no
no
yes
no
no BA t3BA BA13 no
Noa
a
o
no
no
no
l2
L2
12
T2 t$;
no
no
no
no
nono
yes
yes
yes
yes
yes
2yes2
yes2
yes2
yes2
yes
BA
BA
BA
BA
BA
(
BUSr( .,s SERVTCES (conild. )K9 Detective agencies & guard servj,cesKI0 }4otion picture production, distribution
& services
(
(
L
428Mn lllz I?la,syes yes yes
!,
r"t
6
Grr
F]
9Sye
BA
BA
o
P
No5P.:1
o
P
P
PROFESSIONAL SERVICES (cont'd. )06 Research E development officeO7 Veterinary office (including kennel)08 Other professional of f ice
INSTITUTIONAL SERVICESPl Educational institutions
P2 Religious institu tionsP3 CemetaryP4 HospitalP5 Nursing a personal care facilityP6 Non-profit social service facilityP7 Day care facility
PB Non-profit private club, civic orfraternal organization
P9 Museum, art gallery, botanical orzoological garden
Pl0 Municipal use
no
no
no
no
to12
no72
no
yes
yes
BA
BAyes
no
no
no2
11 6
6
yes
yes
BA
BA
no
BA
no
BA
yes
RA
yes
no
BA
yes
yes
no
no
no
no
yes
yes
no
yes
yes
yes
yes
yes
yes
no
no
no
no
no
no
yes
yes
BA
BA
BA
yes
yes
BA
BA
BA
BA
yes
BA
BA BA
yes yes
BA
yes
BA
no
no
no
no
no
no
no
no
BA
BA
no
BA
yes
BA
yes
no
no
yes
yesjes
no
no
no
no
yes
no
no
9
o
5
yes
BA BA
yes yes
no
NOTES:I
2
3
4
Except "yes" if not for profit and in existence in the town prior to January L, L964.
OnIy when the bulk of display and sales are conducted wi-thin 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.involving manufacture on the premd,,ses except of products, the major portion of which areto be sold at retail by the manufacturer, to the consumer, and provided further thqt not
.1ot more than four (4) employees are di{ :Iy involved in manufacture. (
(,
Not
ACCESSORY USES
Ql Temproary construction trai ler
Q2 Park j.ng fcr nore than two car.s
Q3 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 convenj.ence store in PRD
Res. RS-25 LB GB Ind. WC
yes
yes
yes
(
(
(
(
NOTES (cont I d. )
;
(
(
5
6
7
8
9
Sha11 not include garage space for or stroaqe of more than two (2) automobiles unlessauthorized by the Board of Appeals.Except "yes" for uses exempt from prohibition by c.L. c.40 53, as amended.Except that retailing shal1 requj-re a Special Permit.Provided that all but minor work and storage shall be conducted within a building sufficiently'sound-insulated to confine disturbing noise to the premises.Provided that such use is not hazardous by reason of potential fire, explosion or radiationnor injurious or detrimental to the neighborhood by reason of dust, odor, fumes, wastes,noise, vibration, or other noxious or objectionable features, nor harmful to surface orground r^rater quality.Except "no" for trapping and hunting.For non-profit use only, including Free PubIic Library.Allowed BA as an accessory use in a dr,rrelling provided that it is the principal residence ofthe person utilizing the office space.Except BA in the Business District on Station Ave. north of OId Town House Road and south of
Route 6.Except that multi-family dwetlings are not allowed north of Route 6 (Mid-Cape Hj,ghway).
q,
B
o
rt
rl
10
11t2
l-3
T4
No
P.
ta
ED
Yarmouth, T. Zoning -lt
E I I S-Z,xOO. Intensity of use regulations.
2410. Bui lding. All building in ahy district shall meet the minimum
requi rernents set forth in the fol lowing Intensity of Use Sche
otherwise expressly provided by this bylaw or by G.L. c.40A,
2420. Minimum frontace reduction.
dtG
ule un less5, as arnended.
2421 . Residential Districts. The minimun, requi-red frontage maybe reduced to fifty (50) feet in a res j.dential district j-f thelot j.s capable of containins a square each side of which is egualto the minimum frontaoe normally required in that district. Thewidth of any lot, bet!.'een the street line and the proposed buildinrrsetback line, shall be no less than twenty (20) feet.
No point along any side of the above requis it--e square shall exceeda distance from the street greater than the followino:
Di.str.i.ct trlaximum Di starrc,: f rom Street
R-87
R-40
R- 2 5
RS-25
R-20
750
500
400
400
375
325
2l+40. Bu'i ldj ng height. The height of any bui lding erected in any district
shall exceed neither thirty-five (35) feet nor two and one-half (2!) stories;
provided, however, that rnotels shal I not exceed thirty-five (35) feet or two(2) stories. The height of any building shall be measured from the highest
point of y roof or parapet to the average finished grade on the street side
of the structure, provided that at no point shall the height of the exterior
face of a building in relation to finished grade exceed the permitted height
by nrore 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.
feetfeetfeet
fee tfeet
f eet
2430. Front yard. No bui lding need be set back nrcre than thirty percent ()0%)
of the depth of the lot nor more than the average of the setbacks of the
buildings on the lots next thereto on either side, a vacant lot or a lot
ecupied by a building set back npre than the required front yard setback
being counted as though occupied by a building at the setback line.
0n./ 1?13- A 4 rut lfi"
Yarmouth, T
S175-2500 Table of Dinensio:ia] Fequiren'',ents (A)
\/
Dimensional
equirement
Ind.
I-iinimumLot Sizein sg. f t .(8, c, N)
87 120
40 _0c0 _
llrnirnun,
FrontaoEi.n fee(F,G i
)
Minimurn Yard in Ft
(D,E}
Front-(r)Side Rear
30 50
30 20
30 15I5l5
15
30(x)
l:a v i r,umBuilding
Cove raq e
2\
25
50
150
150
100
)_
50 (Lt -,35
Notes:(A) See section 4200 for dimensj.onal requirements in a cluster or
multi-family development.(B) Mote ]s /hotel s , where al1owed, shall have a minimum 1ot area of
25,000 sq. ft. and sha1l be constructed at a density of not morethan one (1) unit per one thousand (1000) sguare feet of lot areaand shall conform to the minimum lot size in the table above.(C) Two-family dwellings, where allowed, require twice (2 times) thenormal minimum lot size of the district.(D) The following are specifically excluded from these regulations:1. fences, walIs, poles, posts, paving and other customaryyard accessories, ornaments and furniture, and ramps,Iandings and similar structures needed for handicapped access.2. cornices, window si11s, belt courses and other ornamentalfeatures may project not more than eighteen (18) inches;
bay/bow windows, greenhouse windows and eaves may project
not more than twenth-four (24) inches, and chimneys mayproject not more than thirty-two (32) inches into anyrequired yard.3. Any stairway and associated landing may project into arequired front yard it it is less than thirty (30) inchesin height.(E) Side and rear yard setbacks for accessory buildings less than
one-hundred-f ifty (150) square feet and single story, sha1l besix (6) feet in all districts, but in no case built closerthan twelve (I2) feet to any other building.(F) Corner lots sha1l have a minimum of one hundred (100) feet oneach street.(G) See sectj-on 2420 for reductions to minimum frontage.(H) Lot width shall at least meet the minimum frontage for a depthof 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 buildings on the lots next thereto on either side. Avacant lot or a lot occupied by a building set back more thanthe required front yard setback sha11 be counted as thoughoccupied by a building at the setback line.(J) Except for lots adjoining and southerly of Route 6 along stationAve., seventy-five (75) feet.
DistrictZon i ng
75
R-40
R-25
RS-25
P.-20
R- 15
LB
25 000
10 000 (M)
20
30
20
20
20
20
20
20
40,000
12,500(M)
25,000
20,000
15, 000
30
30
30
2o(.r
125
12s(H)
r25
100
25
10(xGB
*
Zoning - 16
200I50 -R-87 ?(
I 30 r5
Zon ing t't
(K)Except where the district abuts Old Town House Road, seventy(70) feet, or except where an Industrial District adjoins aResidentiaf District, no business or industrial building sha11be within fifty (50) feet of the district boundary.Except reduce to twenty-five percent (258) in the case of adweIIing.
Except the minimum lot size for sj-ng1e-family dwellings sha11be fifteen thousand (15,000) square feet.At least ninety percent (908) of the minimum lot size required
must be upland (i.e. not wetlands under MGL Ch. 131 Sec. 40).
(L)
(M)
(N)
Yarmouth, T.
Yaroouih, T Zon1ng -18
ARTICLE III
General Regulat ions
S 175-3100. Parklng aad loading requireoents.
3110, Intent and applicatlon of parking reguirenents.
3111. It ls the LnEenE of this section thaE adequate off-street parking
oust be provlded withln a reasonable dlstance to servlce all parkl.ng
derand created by new construcElon, whether through new slructures or
thrgugh addltlons to existing ones or through change of use creating
hlgher parking denand.
3L12. Bulldings, structures and land uses in existence on the effectLve
date of these provislons are noE subject to these off-street parking
requlrements and nay be rebullt, altered or repaLred, buE not enlarged or
changed 1n use, without beconing subject to these requileEeDts.
3113. Iu applylng for buildiug or occupancy permits, the appllcant uust
deDonstraEe that the mininum parking requirements set forth below w111
be rDeE for the new denand, wiEhout couuting exisEing parklng necessary
for exlstLng uses to meet these requireEents.
3114. Ihe uinlmros of Sectl.on 3120 rnay be reduced oo specLat Penoltfron the Board of Appeals, upon the Boardts det.erninatlorr that special
circunstances render a lesser provision adequate for all parklng needs.
Exauples of special clrctr.mstances include:
(a) Use of a cor@on parking 1ot for different uses having peak deaaods
occurrlng at dlffererlE tLEes.
(b) Age or other chalacEerlstlcs of occupants vhlch reduce thelr auto
usa8e.
(c) ?eculiarltles of use whlcb render usual Eeasureoeots of deoaod
iova1ltl.
3L20. Schedule of Off-SEreet Parking Requireoents.
BESINENTIAL
Dtrelliug unlt havlng 3 or
more bedrooas
Drrelll-ng unlt having fewer
than 3 lreiroons
1 space
2 spaces
Yarmouth, T
Guesthouse, lodging house,
other group accomodation
Eotel or Eotel guesE unLts
Nursing homes or hospltals
NONRESIDENTIAL
Iodustry, including vare-
houses or other structuresfor storage, dlsEributl.on
or wholesale Earketlng
Retail business./consuuer
servlce
Office, professional,
adninlstratlve, banks
Restaurants or est.ablish-
Dents llcensed as a cormon
victualer or businesses
puweylag food ready to be
coostrued ou or off preroises
Places of publlc assenbly,
including school and church
auditoriuns, Ilbrarles, nu-
seuos, cIubs, theaters, utr-
dertaking esEabllshDent6,
bus depoEs aDd recreatloBfaclllties not llsted else-
where in thls table
Zoning -19
L space/2. person acconroo-
daEed
1 space/guest unit, plus1 space/lo guest uniEs orfraction thereof
I space/3 beds
1 space/I.3 enployees on
the largest. shift, bu!
capable of expanslou to
not less than 1 space/300
sq. ft. of gross fLoor area
1 space/200 sq. ft. gross
leasable floor area, plusI space/separate euterprise
1 space/200 sq. ft. gross
grouno floor area, plus
1 space/400 sq. fr. grossfloor area on all otherfloors excluslve of storage
sPace
1 spaceT3 seats or, for es-
tabllshnents rrhere soEe orall cusEoners are noE
served food et thelr seaEs,
10 spaces for each food
service statlon or person
dlspensiug food, whlcheverls greater
1 space/3 occupants as
deternLned by Table 5-1,
Massachusetts State Bull.d-
lng Code
Yarmouch, T zonlng -20'
Bowling al"ley 4 spaces/a1ley
3 spaces/courtTennis courts (except that
there sha1l be no require-
oent whau a single court 1s
locaEed as an accessory to
a single-family dwelllng on
the same 1ot)
arina 1 space/boat capacity
Laundromats 1 space/2 machines
Gas/service s ta t iotrs 3 spaces/service bay, but
not less thaE one space/100
sq. ft. of gross floor area
A11 other uses Parking spaces adequate to
accormodate under all normal
condLtions Ehe vehicles of
occupanls, employees, oen-
bers, customers, cllents and
visitors to the preEises, as
deternined by thL Bulldlng
Inspector oo advlse of the
Planning Board
3130. Parking area design and location.
3131. Off-sEreet parklng spaces, each not less than ten by tweoEy
(10 x 20) feet per vehlcle, excluding the Portion of the drivesay to
each such space, shall be provlded on the saue 1ot. Eowever, drlveway
area outslde of a street right-of-way Day be counted for off-street
parklEg when serving a single-faEily dwelling. In the l{igheay Coumer-
clal aud Industrlal DLsEricts, parklng spaces E:ly be located oD another
lot vithln a radius of two hundred (200) feet and ln the sane zonln8distrlct.
3132. A11 requlred parkl-ng areas except those servlng single-famlly
residences sha11 be paved, unless exenpted on speclal peroit fron the
Soard of Appeals for cases such as seasonal or perlodlc use where a
proposed alternatlve surface w111 prevenE dust, erosion or unsightlycondltions. Drainage faclllties for each parklng area shalI be design-
ed and consEructed to coEEah stonErater runoff on the premises.
Yaroouth, T Zoning -21
3134, Center lines of driveways serving twenty (20) or rDore parklng
spacesr if egressiog onto a state-numbered or staEe-maintained hlghwayor onto a sEreet j-mproved under the Chapter 90 progran, shall observe
ninimum separatlons as follows, unless precluded by lot conflgurationin existence on the date of adopclon of this bylaw:
(a) FroE other such drlveways:
(1) Same side of road: five hundred
(2) OpposiEe side of road: zero (0)
feet.
(500) feet.
or two hundred flfty (250)
(b) Fron intersecting street slde line: two hundred fifty (250)
feet -
3135. Parking areas for five (5) or more cars shall be separated froo
any street line by an area twenuy (20) feet wide and froo any other
property line by an area ten (10) feet wLde, free of any paving exceptfor entrance and exlt driveways and mainEained rvieh vegetation or other
organic material.
3136. ?arking lots for five (5) or more cars shall be screened froo
any abutting residential use or district Lrhich is abuEted or separaEed
fron 1E by only a slreet. Screening shall be by a four-foot-wide
plantlng strlp Eaintained with densely planted shrubs not less than
five (5) feet in height, or by grading. Fences or walIs may be a partof such screening where deemed necessary, but shall not be suitable as
a substitute therefor or themselves be left unscreened frotr abutting
areas.
3137. Parking lots for twenry (20) or more cars shal1 contaln at least
one (1) tr". of lr.ro-inch caliPer or larger Per eighE (8) cars, to be
located lriEhin the parking area in soil plots allowLng not less than
forty (40) sqr.rare flet of unpaved sol1 area Per Eree' or to be located
r.rithln five (5) feet of the parking 1ot.
3f33. Parking areas for flve (5) or more cars sha1l be designed with
enough oanauvering space so thaE vehicles need noE back onco a public
way, the areas deslgnated ln Subsection 3136 and other parking spaces.
No exlsting parcel shall be subdivided into lots with frontage which
uould preclude meet'j.ng these requirements unless access rights-of-way
are provided across adjolning lots, Driveways subjecE to this sectionshall have four hundred (400) feet visibility in each travel direcEion
and shall each conprise not more than tr^'o (2) travel lanes, each not.
nore than twelve (12) feet 1n width at t.he lot Iine.
Yarnouth, T
3138. No parking lot shall be llluninated in such a rray that it causesglare for motorisEs, pedesErians or nei.ghboring premises.
3f40. Loading requiretrenEs.
3141. Loading zone criterLa. AdequaEe off-street loading facilities
and space nust be provided to service all regular needs created by neu
construcEion, whether through nei, structures or additlons to o]d ones,
and by change of use of existing structures. Facilities shall be so
sized and arranged thaE no vehicles need regularly back onto a publlc
way or be parked on a pubLic uay whlle loading, unloading or vaiting
to do so.
3L42. ApplicaEion requirenents. ?rLor to issuance of a permit for con-
strucEion of a new struclure, addltlon co or alteration of an existing
structure, or change of use, the Building Inspector Eay requlre thaE
the applicant submir inforoation concernlng the adequacy of existing
or proposed loadlng facilities on the parcel. Such Lnfornation may
include a plau of the loading area shoving iEs size and Lts relationship
to bulldings, parking areas and public ways, docunentation of the types
of goods and/or persons being loaded and unloaded fron vehicles, the
expected types of vehicles to be serviced aE the loading area, and the
expected nonnal hours of operaclon. The Building Inspector'shall use
infornation to deEeruine whether or not the crlteria of Subsection 3141
above are met. In naking such determination the Building Inspector
shalI seek the advlce of the Planning Board and the Town Engineering
DepartDent.
S 175-3200. Fil1ing.
No person shall fill any area in Ehe Torrn of Yarmouch lriEh earth, concrete
or other rEaEerial to a depth ln excess of five (5) feet lrithout a peroit froo
the Building Inspector. Sald Inspector may require an applicant for suchpernit to furnlsh such plans or speclfications as he may deem necessary and
any peralt issued hereunder nay contain such provisLons, condltlons or lircila-
tions as he uay deen necessary to prevent dust, erosLon, silting or ot.herinstabllity, and storNraEer diverslon onto adjolning properties.
Zoning -22
YarrDuth, ?.Zoning .-:',23 .
S 175-3300. Signs
Deflnition: Sign shall mcan any device designed to inform br attract
attentlon of persons not on the prenises on r^rhich the devlce ls locatedor promoting.
ARTICLE I - Slze
In business,hichuay commercial and industrial zones, exclusive of buslness
zoned districts shorm as sections 2l and 23 on the zoning map dated Decenber
26, L9723 one free standing sign per establishment having a maximum area of
18 square feet uith a maximum eidth or height of I f-et is aLlor.red. On
doubled faced signs, only one slde Ls to be counted. A11 advertlsing, or
Jettering shal1 be contained within the borders of said 18 square foot slgn.
Unlett€red sculptures shal1 be a1lor.red in business, highway commercial and
industrial zones as long as they are located a minlmum of 15 feet back fron
the front property line, shall not exceed a maxl.mum of 15 feet. Sculptures
shall not be interior lit and shall have no letterlng other than the
sculpturers signature. Sculptures may be illuminated at night uith spot-
lights, subject to approval of the Building Inspector. A11 sculptures shall'
be naintained in 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 shal1 be closer to the lot line than six feet.
Sec. B - No slgn shall be erected that shall in any uay create a trafflc
hazard, nor shall it in any uay obscure or confuse traffic control.
Sec. C - No part of any sign shall be more than fifteen (15) feet in height
above ground level.
ARTI CLE III - Attached Signs
One single face sign per establlshEent, attached to only one uall of one
bullding is alloued; said slgn ls to be no higher than tr.ro feet and have a
length of not rnore than one-third) U3 of the running footage of .the width
of the face of the building to t,hlch the sign is to be affixed, but in no
instance is the square footaSe of said sign to exceed sixty (60) sguare feet;
and said sign shalI not extend more than one (1) foot from the front of the
butlding nor extend above or beyond the roof line of said building.
ARTICLE IV - Business Center SL8,nB
Sec. A - A BusLness Center, defined as a grouping of businesses ln one connron
plaza ox shopplng center, rray have only one (1) free standlpg sign, not
exceedlng eiglrteeo (18) square feet in area, r^rith the advertising area
divided anong the business enterprises or ldentifying the Business Center DaEe
or both.
Sec. B - One slgn for each business attached to only one uall of the buildl}g'
ls alloued; ..id "lgn= are to be no higher than trro feet and have a length
detenoined by the Percenta8e of each businesst frontage, uith the aS,gregate
length of ."id tignt to be no Dore than l/3 of the running footage of the
Yaa'mcfrth, h.Zoni-rlg - 23A.
utdth of the face of the bullding (s) to r^rhlch they are af f i:<ed; but ln no
,.nstance ls any slgn to exceed itxty (6O) sguare flet; and sald slgns shall
not cxtcnd above or beyond the roof llne of sald bullding (s); said signs
shall not project more than one foot from the face of the bu{lding (s)-
Sec.C - If a business Ln a Business Center has a rear or side public
entrance, a secondary attached slgn, no larger than (4) four square feet
shall be alloueil st salil entraDce.
ARTICLE V - IllumLnatloa
IllurDinateit slgns shall not have any glare dlstracting to d:-ivers nor shall
there by any exposed neon or gas-tube-fllled slgns in.colors that trill coo-
flict uith the ablllty to readily see trafflc lights or cause any hazardous
condltions, nor shall there by any moving or anlmated parts, or flashlnS
lights or beacons, nor flourescent palnt used on signs.
Sec- A - Supportl-ng posts, pillars and aruls shall not exceed IO" by lO-
r.ri th no advertlslng allouable oo sald posts, pillars or arns.
Sec. 3 - No slgn s}tell contal.n aoy movlng parts, except such portlons of
a sign as const.st solely of inilicators or t1rDe and/or
shall be regardeil as a publlc servLce..
t€Eperature uhlclr .-
l,
Sec-C - Only slgns pertalning to identlficatlon, products. a cconrnoda t lons,
services, or actlvities on the premlses shall be alloped.
Sec. D - Natlonal Ailvertlsing Emblems: Ahere Shall be no roore than tr.ro
(2) such eubleros of not nore than slx hundreil (6O0) sguare incbes per
emblen. Sald emblerrs may bd attacheal elther to the bullding or. contaln€it$lthin the l8 sguare feet of the free stanaling slgn.
Sec.E - SLgns oa uays erecteil as publLc convenlencc rdll be llmlted to
so-calleil comurmity dlsplays a.oil shall requlre e perult to be :lssued by
--- tbc BrdlittnS, trDspector :fa accordlance vlth G.L:Chapter 85, Sec. 8.. thesc
u111 be llnlteil to a uraxlmuu stze of 5t r 40" anil lnelude only the'buslnessldentlfleatloa. Letterlng to be black on a rrht.tc bactgrounil.
Sec.F - ?ennants, streamersr atlvertLsing flags, spinners or simllar devlres
are prohlblteil. No ndre than three (3) goiernrrentat flags on any one
prerolse is allopeil uithout leroission from the Sign trevteu Board.
Sec. G - Unletteretl sculptures shall be elloued ln business, trlghuay coo--.merclal and Lndlustrlal zones .as long as they are located a urinlmum of 15feer bact f;oo the fiont property llne, shall not exceed a oaxlmuro of 15feet,and shall be properly ceroentedl ln place- ScuLptures slall not belnt€rlor llt anil shall havq nc lettering, other than the sculptorrs signature.Scurptures rey be rlluroLnateil rt nlght ulth spotllghts; subJect to epprovalof tbe Bulritlng rnspector. All sculptures shall be naintalnett in a safeanil neat condltron to the satisfactLon of the office of the Building rns-pect or-
-2-
ARTI CLE VI - Contentg
Yarmerth, T.': AnTICLE VII - Haintenance zo,ii,rg - 24.
All slgns, uhether erected prlor to the effectlve date of thls section or
oot, shall be maLntained ln a safe and neat conditlon to the satisfactlon
of the office of the Butldlng fnspector.
IRTI CLE VIII - Off Prenlse Slps
Ilrere shall be no off premise slgns, urith the exception of the corununlty
slSns as outllned 1n Artlcle VI, Sec. E.
ARTI CLE IX - In residential zoning districts and business zoned dlstricts
slroun as sectlons 2l and 23 on tbe zoning oap dated D6cember 26. 1972.
Sec.A - No sign shall be of the neon type or gas-i l luminat ed-t ube type, or
qo sLgn slrall have floutescent type palnt.
Sec. B - (he (f) slgo shaIl be allor.red pertalning to the lease, sale or
occupancy of a fot or bullding on uhich it ls placeil. Ttre slgn shall
not exceed a total area of six (6) sguare feet.
Sec.C - A permanent sign denoting a professlon sill be elloued In a resi-
dentiel zoning area givlng narne antl occupation of resident. Ibe size shall
not exceed trro (2) square feet in area. OnIy one slde will be counted. No
fee or pernit wtl1 be required- t,
Sec. D - A real estate developnent shall be peroitted the 6aDe slgn sfzes
as alloued Ln a business distrlct as long as active butlding and seLling
are taking place. Such signs shall be removed r.rlthin thirty (30) daysafter such actlvitles cease.
D
Sec.E - Businesses alloped in r residential zonln3 dlstrlct as a pre-
. existint non-conforming use, or by Boartl -of Appeals special pernlt or
varl.ance, shall be ellosed one free staDilint slgn having a uaximrn area of
alxteea (16) square feet trlth r naximuo width or height of slx (6) feet,
tErleas the Board of Appeale establl.shes otber reguLreDents. On doublc
- faced slins, only ore Elale Ls to be counteil. Al1 advertisLng or lettering
shall be contelneil wlthlo the borders of sald sr.xteen square foot slta. 'One
slngle face sigo attachett to only one rrall of the bu{lding, as set fortb liArtlcle III, ulll be allorredt.
ARTICLE X - Peroit Process
Sec.A - No buslness sign slrall be erected or altered rrlthout s sign Peroit
Issueit by the Buildlng Inspector, for r.,h i dr I $1O.O0 fee shall be charged.l
All buslness slgns shall be registered and ldentlfied as regulreil by the..'
- .Any person ,ggti "r"iuntler the provislon of
I}re Slgn Xevlerr 3oard
a ilecisloa.
Dy the refusal of the InsPector to lssue a
this by-lau nay appeal to the Sign Revleu
sta11 hold a public }Earlng thereon and
Sec. B
perrolt
Board.
rentler
-3-
Yar.nDuth, T.
ARTI CLE xI - violatlons
Zonirg - 24A.
Sec. A - Any devlation from the foregolng rules constltutes a violatlon
of this by-lau.
Sec. B - Any vlolator of any of the provisions of this by-law shall be
flned not more than fifty ($50.00) for each offense. Each day that such
vlolation continues shall constitute a separate offense.
SIGN REVIEW BOARD
Establishrnent:
Ite Sign Review Board shall consist of five (5) rreurbers for three (3)
year terms and such number of associate members as the Selectmea shal1
ieternine, all of whon sh a'r1 be appointed by the Board of Sefetmen.t t,
Y.
Popers :
the Sign Review Board shall have andl exercise all the povers granted
by G.L. Chap. 40A, as amended, and by thls by-lao. To hear and declde
appeals or petltlons for variances froE a declsion of the Building Inspec-
tor or denial of the issuance of a slgn pe iTr.t. Sudr varlance shall be
granted only in cases uhere the Board flnds all of the follor.ting:
(a) A llteral enforcement of the provlslons of thls by-lav would involve
-a.substantial hardship, financial or otherslse, to the petitioner o!
a. pellant. -J .
Gj me hardshlp ls oulng to clr'cumstances relatLng to the soll condltlons,
shape or topography of such lait or atructures anit especlally affectlng
such land or structures, but'not affecting generally the zonLng distrlct-:--- :in w}lch tt is located.
(c) Desirable rellef may be granted.L,ithout elther:
Sec.C - ltris by-Iaw will be enforced by the Building Inspector's Dep-
artment. Violatora shall be given uritten notlce and after receipt of
said notice, seven (7) days rriLl be alloued to correct the violation.
If not corrected by the 8th day from notice' a fine rr111 be imposed as
stated in Article XI, Sec. B.
(1) Substantlal detrlment to the publLc good; or(2) Nulllfying or substantlally derogating from the lntent or - -purpose of this by-lr.
'Yarmou !h, T Zoaing -25
$ 175-3400. Design s tandards.
3410. The design of projects requiring submission of a slue plan, pursuant
to Sectlon 1430, shall comply with the following:
3411. Internal circulation and egress are such that traffic safety ls
protected and access via minor streets servlclng slngle-family hooes is
nlnimized.
3412. Reasonable use is made of building location, grading and vegeta-
tion to reduce vlsibllity of parking areas fron public ways.
3413. AdequaEe access Eo each st.rucEure for fire and service equipmenE
is provlded.
34Lb. Utillties and drainage serving the site provlde functional
servlce to each structure and paved area ln lhe sal[e Banner as requiredfor lots within a subdivislon, and fire protection provisions neeEing
Fire Department regulaEions are provlded.
3415. Major topographic changes or retroval of exlsting trees are avoided.
3416. In or abutti.ng Residentlal Districts, effeccive use is made of
topography, landscaping and building placement to naintain, to the degree
feasible, the characEer of the nelghborhood.
YarEouEh, T.Zoning -26
ARTICLE IV
Special Regula tions
S 175-4100. Accessory uses.
4110. Camping and recreational equipment.
4111, At no tine shall parked or srored canping and recreational equip-
nenE be occupied or used for living, sleeping or housekeeping purposes,
4112. If caroping or recreational equipment is parked or stored outside
of a garage, ir shal1 be parked or stored to the rear of the front build-
ing line of the lot, excapE for loadlng and unloading.
4L20. Accessory scientlfic uses. Uses, whether or not on the same parcel as
actlvities permitted as a Datter of right, accessory to activities peruitted
as a EatEer of right, which activities are necessary in connection vith scien
tific research or scientific development or relaEed production, nay be peruit
ted upon the issuance of a special permit by the Board of Appeals, provided
that the Board finds that the proposed accessory use does noE subslantialIy
derogate from the public good.
a
YarrrDuth, T..
175-42OO Cluster Developnent
Zorlijq - 27
and Planned Residential Development
of
AD
a group of single -area of dedicafed v
drives,
such as
4200 Definitions
A single=family cluster developnrent consistsfanily dwellings on reduced-sized lots, with
open space associated with the development.
A multi-family cluster development consists of a -group of multi-family dwellings with an area of dedicated open space associatedwitb the development.
Congregate living housing is erther a town operareC, state orfederally aided housing developnent, or it may be a self-conEainedreti.rement community on twenty (20) acres or more of land, whichconsists of multi-fa:nily dweLlings Cesr,gneC and reserved speci.f ical lyt-o accommodate the se:i-in<iepende:14 el.ierly 9,opuJ-ac;.on. Such nulti-iar,ily housin-q shall rnclude orcuo facrl-it:.es for Cinl-no, food
_Dreparation and soctal interaction. For the DurDoses .f this sectl-on,elderly shal,I mean those persons aged 59 or older.
A planned residential development consists of a group of multi-family dwellings, or a mix of rnulti-family and single-familydwellings, along wittr one or more neighborhood convenience stores,as specified below, with an area of dedicated open space associatedwith the development.
Common open space is all land not designated for streets,
sidewalks, parking areas, 1ots, or non functional areas,
yards, space beth,een buildings, narrow strips, etc.
4210 0b ect ives
The objectives of a cl-uster development or a planned residential
development are: to allow relatively intensive use of landl locallywhile not increasing the population density on a large scale;to preserve open space for conservation and recreationi tointrotluce variety and choice into residential development; to
meet bousing needls; and to facilitate economical andl efficientprovision of public services.
In
toof
the case of congrega teprovide housino for thetotal independence but
I iving housing theelderly oopu i at r.onare not in need of
objectr-ves are iurther
r,rho may not be capable.institutional livinq.
4220 4pplicability
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 and dimensional reguirements as specified be1ou, inlieu of those elsewhere specified in this by-law, providledl that thefollowing regulations and procedures are compliedl with.
-Yarmouth, T Zoning 2e
4230 Procedures
4231 . Preapplication review- Applicants are encouraged tosubmit preliminary materials for informal review by the Plan-ning Board and site plan review under section 1430, prior toformal application, in order to avoid the discovery of funda-mental problems with a proposed plan at the time of the public
hearing on the granting-of a special permit- Preliminarysubdivision plans, if any, should be submitted to the Planning
Boardl prior to application for a special permit.
4232. Application- Applicants for a special permit for acluster development or planned resjdentjal development (PRD)
shall subrnit to the Board of Appeals one copy of an application
and fifteen copies of the overall development pl an- Such plan
shal,l encompass land r^,h i ch is contiguous, and of area at feast
ten times the minirnum single-family lot area required j.n that
zone for single-family and nrulti-family cluster, and tuenty
times the minimum single family lot area for PRD.
4235. Review and decision. Forthwith upon their receipt of the
application andl required p).ans, the Board of APPeals shal1
transmit one copy each to the Board of Health, the Conservation
Commission, the Planning Board, the Town Engineer, the I'later
Department, the Building Inspector and the Fire Chief. llithin
thirty-five days of receipt of the application by the agencies
named above, reports shaIl be submitted to the Boardl of Appealsuhich shaIl 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 deve)-opment P1an. The overall <ieveloprnent plan
i"r-i "ir.t.ei..development oi a planned residential development
sf,.f i i"Ji"atei lotation and boundaries of site; proposed land
antl building usesi any reguired yards or setback areasi loca-
ti"" "na boundaries of corunon open space; existing toPograPhy;
;;;;";;a gradli.ng plan; location and width of streets and wavs;
p..iirrg, if any; areas of proposed-and retained vegetationi
distinctions bet',ieen uPlandl antl wetland; and drainage and
..".g"-fi"ilities. In addlition, a multi-family clu-ster develop-
;;;a';t-; planned residential development Plan shalL include
;i;;";i";t; use and ProPosed locations of structures' The Plan
;;;ii-;;'-;;"t"i"a by- a iesistered landscaPe architect, architect'
civil engineer, or land surveYor.
4234. Other materials. The application materials shall intlicate
each fanalowner's interest in the land to be developed, the form
or organization ProPosed to own antl 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
schedule.
Yarr.outh , T Zoning 2aA
reservation ofiLizes natural
4235- Criteria- Approval of a cluster development or a planne -
residential development shall be qranted upon a determination !.by the Board of Appeals that the plan furthers the objectivesstated in section 42L0 and complies with the reguirements ofsection 4240 and that the plan enhances the
opeD space for conservation or recreation; ufeatures of the land; and allows more efficstreets, public utilities, and. other publicaddition, there shalI be minimal disruption
Ptient ooerationservices. Inof establi shed
of
neighborhoodls, especially with regard !ovisual impact, etc.unusually heavy traffic,
4240 Reggirements
A cluster development or a
conform to the fol l owing:plannedl residential development shall
4241 . Nuniber of dwelling units. The maxirnum number of dwel-ling units alfowedl shall be calculated by dividing the areaof devel.opable land in the tract by the rninimum 1ot size
specified in 175-2500 for a single family dwelling in thatdistrict- The developable landl is the total tract minus:coastal r"retlands and freshwater vretlancts; 90$ of the landarea in existing utility easementsi antl f andl which does not
neet state or 1oca1 health regulations for septic systems.For this purpose, any land designated on the U.S. Departmentof Agriculture Soil Conservation maps as having severe limita-tions for septic systems shall, v:ithout proof to the contrary,be deemed as not nreeting these criteria.
4242. Allowable uses' Single-family cluster develoPments,
mutti-family clustei developments and Planned residential
developments may be allowed by special Permit in residential
districts, excePt RC, in business districts and in the HC
district, as shown in Sec. I75-2300. Planned residential
developments may include neighborhooil convenience stores, as
defined in section 4200, provided that: the gross cornmercial
floor area shall not exceed 5t of the gross resi-dential floor
area, or 5000 sguare feet, whichever is less; the stores are
attrictively deiignedt as an integral part of the overall develop-
ment; !>rovi-sion il made for their continued maintenance and
operat-ion for the benefit of residents in the devel'oPment;
"i.,d th"y be so 1ocatetl that residents of the neighborhoodl out-
side th-e development may use them without disturbing normal
iiaffic patterni within tbe development, infringing on parking
sDaces r-eserved for tle use of residents of the develoPment, or
,r',',arrly disturbing the amenities of those resitlents'
Zoning )o
4243. Dimensiona). requirements for single family cluster
d e ve lopment
ft.
bu i 1d ing l ine
Setback from bounilary of'development. No dwelling within acluster develogment may come closer to the boundary of the
development than fifty (50) feet. Accessory structures shaIInot be p)-aced within ten (1O) feet of any Iot line-
4244. Dimensional requirements for a multi-family cluster
development or a g:Lannedl residential development.
Minimum
Minimum
I! in i mum
Minimum
Minimum
Maximum
l'rax imum
lot size -lot'*idth at proposedlfront yardside yardrear yard1ot coveragreheight: floorsfeet
planned res ident ia Ito the requirements
I0,000 sq.100 ft.25 ft.-12 ft.20 ft.
25tsee sect i onsee sect ion
devel ogmentof section
2440
2140
Single family dwellings in asha1I be on lots and conform
4243 above.
Multi-farnily buildings shall conform to the setback requirementsstated be1ow. The absence of reference to lots for multi-family dwellings shall not prohibit a building or dwelling unit
from being shown on or associated with a lot or lots.
The irinim'urn building setba6k f rom streets, \'ays or pdrking
areas shal1 be one (1) times the building height. The minimum
distance between buildings sha1l be the sum of the heights
of the buildlings as measured from the average ground level
at the side betueen said buildings-
?he Board of Appeals may reduce these dimensional requirements
upon a cLear demonstration that the proposedl development offers
exceptional advantaoes. In no case shal1 an exception be granted
to increase the allowable density of a cluster of plannedl
residential development.
4245. Congregate living housing shall be made ug of ..,,n€ (l| and two(2) bedroon units. Such units shall be desioned to acc,ls',tr,oc 3 Ee one(l) or cwo (2) elderly oersons- Aside from the bedrocn(s) anci bath(s)
the unit may have, but is not required to have, a small kj.rcnen and/or small living room. Conqregte living housing shall have no morethan twenty percent (203) two (21 bedroom units. The numcer ofccngregate dwelling units allowed shaIl be those alloweC jor cther'cluster develooment as stated in 424I exceDt th3t- the iollowrno bonusnav be a I lowed :
an i-ncrease in the maximum numebr ofto lhe percenlage of one (1) bedroomCevelooment.
dwel I rng units equal
I ivi-no unrts in the
co no rega te
co ng rega E e
, Yarmouth, T.
z onino 30
4251- Access to cluster and planned resitlential developments.
There 'shalI be adeguate access provided to a cluster develop-
ment or a'plann6d residential development f,or the PurPoses \/
enumeratdd in HGL Ch. 41 'S81.-I'{- rf deemed necessary for public
safety and uelfare, through streets may be reguired-
4252. Utilities. There shall be adequate utility service,
evidenced by availability of public \^,ater supply, adequate
drainage and adequate sevrage disposal. In the case of on-site
sewage disposal in a cluster. development or PRD the followinq
are required:
I) Location of on-site sewage disposal unit shall haveslight or moderate soil Limitations for on-site disposalof sewage effluent, based on the 1973 Soil ConservationService SoiI Survey for the Tcwn of Yarmouth, un)"ess itis shown to be in error with respect to the site.
4253. Human and natural environment.
I) There shal1 be avoidance of ecoloqical disturbance byminimizing the following: topographic change; removal ofexisting trees and vegetation; and visually disruptivebuilding location. I4u1ti-famil.y structures shall belocated not less than one hundred fifty (L50) feet fromany ponil over fiwe (5) acres, river, stream, ocean, svrampor marsh.
preservation of neighborbooil arnenities2l
by
There shalI bethe fol lowing:
a) the site design for a rnulti-family cluster or PRDshall screen par8ing areas and Dreserve existing waterviews from public urays and provide effective use oftopographyr landscaping and builrr.inq placement to
maintain the character of the neighLorhood.
b) parking in a multi-family cl-uster or PitD shall conform
to section 31OO of this by-1aw and in addition there
shal1 be glare free illunination of garking areas.
c) No multi-family structure sha1I contain more than twenty
tzol -ar.iflng uniis. rn the case of congregate living housing
this requirement may be waived if the Board of Appeals
soecificallv finds Lhat there is sufficient buffering to
;;;;;;;-;-il'l-i r"iraino rrom. beino..disruptive to the
Lharacter of iurrounding neighborhoocs '
Yarmouth, T.
4250 General Criteria
2) Septic tank leaching fields or other on-site se\,rageeffluent discharge facilities shall be located not lessthan two trundred fifty (250) feet from any ponil over five(5) acres, river, stream, ocean, swamp or rnarsh- The Boardof Appeals may reduce this setback requirement to not lessthan one bundred fifty (150) feet upon demonstration by theapplicant that the site plan is thereby enhanced and alsothat existing soil characteristics are such that no ground-urater or surface vrater pollution will result.
Yarnouth, T.
4254 - ImprovemeDts..
L) Access, drainage,functional standa rd sthe adopted Pl anrr i ng
Zoni-rg - 31 .
utilities and grading sha1l meetequivalent to those established inBoard Subdivision Rules and Regulations.
2l Prior to issuance of builtling permits within a multi-
f ar,rily cluster or planned residential development, the
Town Engineering Department shall certify to the BuildingInspector that a detailed site plan has been submitted in
accordance with Section 1430 and meets the requirements ofsaid sect i on.
3) Occupancy permits for any structure shall be grantetlonly in accordance with the requirements of section 14I2.
4260 Open Spa ce Requirements
4251 . Comrnon open sPace shall. be preservqd for recreation or
conservation and sha11 include not less than thirty percent (303)
of the land area within the development p1an. Such open space
shalf either be conveyed to the town anil accepted by 5-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 orresidential units within the plan- If such a corporation or
trust is utilized, ownership thereof shal1 pass vrith conveyance
of the lots or residential units. In any case where such lanil
is not conveyed to the tor^,n, a restriction enforceable by thetown shall be recorded, providing that such land be kept in an
open or natural state antl not be built upon or developed for
accessory uses such as parking or roadway, and tbe town shall be
granted i perpetual easement over the land sufficient to ensure
its perpetual maintenance as conservatioD or recreation 1and.
Such open space shall be delineated on the p1an.
4262- Long-term compliance- Subsequent to approval of suchcluster development or planned iesidential development no lanil
therein sha1l be sold antl no lot line 6r structure altered from
that shom ori the overall" development plan so as to increase the
extent-of nonconformity .with the standirrd dimensional regulationsof this by-Jaw.. (See 5175-2400,anil 175-2500) - Prior to sale
of any lot *ithin a cluster development or PRD, or issuance ofa building oermit for construction therein, such lots shalL be
shown on a plan recordeil in ttre Registry of Deeds or re_oisteretlwith the Land Court, which plan shal1 make references to therecorded land a-oreements referred to in sect ion 4247. Unlessthe Board of Appeal-s has specifically approved staged development,such plan sball show all lots to be included in the developn,ent.
Yartrouth, T.Zoning -33
S 175-4300. Flood area provisions.
PerEits for new construcEion, alteratlon of structures or other developurent(any nan-made change to iuproved or uninproved real estate, including but not
liuited to buildings or other structures, nining, dredglng, fi11ing, grading,
paving, excavation or drilling operations), at or belorc the base flood eleva-tion as specified vithln the A and V Zones (in unnunbered A Zones, in the
absence of Federal Insurance Adoinistratlon data, the base flood elevatlonsshall be determined by obtaining, reviewlng and reasonably utlllzlng any exlst-
Lng base flood elevation data frou federal, state or other sources), as designated
oo special Flood Insurance Adninlstration Flood Insurance Rate Maps, Nos. 01
through 04, effective l{.ay 2, 1977 (whLch are on file with the Town C1erk,
Planning Board and Building Inspector), shal1 be approved subject to the following:
4310. Minl-muo floor elevations. New construction or substantlal irnprovenent*(repair, constructlon or alteratlon costing fifty percenE (502) or x8ore of the
Earket value of the strucEure before iEprovement or, if dam;ged, before danage
occurred) of residential sEructures shall have the lowest floor (incl.uding
basenent) elevated to not less than base flood elevations. New construcEion
or substanEl-al improvenenE of nonresldential structures shall elEher be slmilar-
1y elevated or, togeEher rrlEh attendant utility and sanitary facLlitles, be
floodproofed to not less than base flgod elevations.
4320. Certlflcation of floodprooflng. Where floo<iprooflng is utl.Lized 1a
accordance rdth Sectlon 4310, a registered engineer or archiEect shal1certify that the floodproofing nethods are adequate !o wlthstand the flood
depths, pressures, veloclties, lnpact and upllft forces and other factors
assocl.ated vLEh the base flood.
*Note: Substantial improvetrent wl1l have been decreed to occur when the first
alteratlon of any structural part of the building corumences.
Zoning -34
4330. Bulldiog Inspector review. Any new construction or subsEanELal
improvement to be undertaken within sald distrlct shall be in accordancewith the UassachuseEts State Buildlng Code, Secrion 748.0- The BuildingInspector shall:
433f. Revieu all proposed development rvithln the flood dlstrict to assurethat all necessary perults have been received from those governtrental
agencies fron which approval is required by federal or state law, lnclud-
ing Section 404 of the lederal Ilater Pollution Concrol Act Anendnents of
t972, 33 U,S.C. s 1334.
4332. Obtain and Daintaio records of elevation and floodproofing levelsfor new construction or substantial improvenent within the flood distrlct.
4340. VelociEy Zones. No land withLn areas designated as V (velociEy) Zones
on the Ilood Insurance AdninistraEiotr flood Insurance Rate llaps shall be
developed unless such development is de.EonsErated by the applicant to be
located landward of lhe reach of the mean high tide. A11 new construction
and substantial itrprovetrent uithin the V Zones shall be elevated on adequately
anchored pilings or columns and securel,y anchored to such piles or colunnsso that the lolJest portion of the sttuctural members of the lowest floor(excluding the pllings or columns) is elevated Eo or above the base flood
elevation; and cerEified by a regist.ered professional engineer or archltect
that the structure Ls securely anchored to adequately anchored pilings or
columns in order to withstand veloclty waEers and hurrlcane wave wash. The
followLng sha1l be prohlbited uithin said V Zones:
434L. Any uao-made alteration of sand dunes which rnlght lncrease Ehe
potentlal for flood danage.
435L. A showing of good and sufficlent cause;
4352. A deternlnation that failure to grant rhe specLal permlt would
result In exceptional hardshlp to Ehe applicant;
Yaroouth, T.
4342. Use of flll for structural support for nep construction or sub-stantial iDproveDent of structures.
4343. Moblle homes.
4350. Variances and special perrnlts. The Zoning Board of Appeals nay
authorize use variances wLthin the flood ateas in accordance with Subsection
L322, as in any other zoning distrlct wLthio. the Town of Yarmouth, and Eaygrant a specLal perDlt for uerJ structures or substantial improvetrents to
be erected on a 1oE one-half (LIZ) acxe in size or less, contiguous to and
surrounded by lots rriEh exlstlng structures consErucEed belo!, the base flood
elevatlon, provided that the followiog are Eet:
I
Yarnnuth, T.Zoning -35
4353. A deterolination that the special permlt will no! result in increased
flood heights, addlEional threats Eo publlc safety, extraordinary publlc
expense or any confllct lrith requiretrents in accordance with G.L. c.40A,
as aoendedl and
4354. The Zoning Board of Appeals has notifled the applicant for the
special permit, ln wrLtlnB, thaE the actuarial rates wlll increase as
the first floor elevaEion decreases and thaE such consEructlon belop
base flood elevation Ievel increases risks to llfe and property.
4360. Procedure. Upon the granting of such a speclal permit or a variance
froo this 5 175-4300, the Zoning Board of Appeals shall require that the
Toun of Yarmouth maintaln a record of all such variance and special permlt
actLons, including Justification for issuance, and report such varlances
and special peroits issued 1n its annual report Eo the Flood Insurance
Adoinistrator in accordance with the Departnent of Housing and Urban Develop-
nent guidelines.
4370. Historlc places. The Zoning Board of Appeals may Srant a special
pernit for the reconstructlon, rehabilitation or restoration of structures
1lsted on the National Register of Historic Places or the State Inventory
of Historic Places, without. regard to the procedures seE forEh ln Section 4350
above.
4380. Other 1aws. llhere these flood area provisions inpose greater or lesser
restrictions or requirements than those of other applicable bylaws or regula-
tions, the nore restricrlve sha11 apply.
S 175-4400. Wetlands Conservancy Distrlct..
4410. General,. This section does not grant any property rlghts; it does
not authorLze any persoa to trespass, lnfrrnge upon or inJure the propertyof another; lt does not excuse any person of the necesslty of complyingirLth othe! sectlons of thLs bylaw or other applicable 1aws, regulatlons or
bylaws.
4420. Purpose. Conservancy Dj-stricts are intended to preserve, protect andEaintain the groundnater supply on which the lnhabitants depend for water;to protect Ehe purlEy of coastal and Lnland waters for the propagation offish and strellfish and for recreaEional purposes; to provLde for the con-tlnued functLoning of the lretland as a natural systeo; to protecE the public
health and safety; to protect persons and property froo Ehe hazards of flood-
Yarmouth, T Zoning -36
and tidal r.raters which may result from unsuitable development in swanps, pondlrbogs or marshes along lratercourses or in areas subjecE t.o floods and extreroehigh tides; to preserve the amenities of the town; and to conserve naturalcondltions, wildlife and open space for the education and general velfareof the public.
4430. Permitted uses. Except as provided in SecrLons 4440 arld, 4450 belov,buildings, strucEures and prenises in Conservancy Distrlcts nay be used onlyfor the following purposes, except as oEherwl.se authorized by S 175-2300 or
by statute:
443L. Fishing and shellfishing, including rhe raising and cultlvatlon offish and shellfish.
4432. Forestry, graziag and farning, nurseries, truck gardening and
harvesEing of crops, incJ-uding but not ltnited to such crops as cran-berries, Earsh hay, seaweed, berries and shrub fruits and trees, and r,rorkincldental there to.
4433. Conservation of soil, nater, plants and w1ld1ife.
4434. Outdoor activities, including hiking, swinuning, boaring, naturestudy, fishing, trapping and hunting.
4435. Drainage works which are part of 1oca1 flood and mosquiEo control
conducted by an authori.zed public agency.
4436. Uses accessory to residential or other prinary uses, such as
flower or vegetable gardens, lawns, pastures or forestry areas.
4440. Uses permitEed by speclal pernLE.
444L. Upon issuance of a special perurlt by the Board of Appeals, and
subject to such special conditlons and safeguards as the Board of Appeals
deens necessary to fulfi11 the purposes of SectloD 4420, the followlng
uses and sEructures are Pemitted:
(a) Nonresldentlal bulldlngs or structures to be used only in con-
junction vith fishing; shellfishlng; the growing, harvesting and
storage of crops raised on the preBises; and boathouses.
(b) Dams, changes in lratercourses or oEher dralnage works only as
part of an overall dralnage plaB consEructed or authorlzed by a
public agency excePt as stated ln Subsectlon 4435 above.
tno-foo
and cer
as bein
Yaroouth, T Zoning -37
(c) The superficial clearlng of areas of private beach and Ehe f i.1-
ling or replenishment thereof 1n confornity wlth the provi.slons of
chapters 782 and 784, Acts of L972, and G.L. c.91, as aoended.
(d) Fabricaced rralks or trails, docks and landings for prlvate use.
4442. The Board of Appeals may grant a speclal perni.t for the above-
stated speclal uses, Provided tha!:
(a) Four (4) copies of an application, incLuding a detalled pIan,
are subnitted to the Board. Said plan sha1l indicate Ehe location of
proposed and existing structures, the distinction bettreen the wetland
and upland and elevations of land contours at Ewo-foot. intervals,
referenced to trean sea leveI datuB.
(b) Copies of Ehe application have been transml.tted by the Board of
Appeals to the PlannLng Board, Board of Health and the Conservation
Coromission lrithin seven (7) days of their receipE by the Board of
Appeals, and reporEed upon by all three (3) Boards;. or thirty-five
(35) days shall have elapsed following receipt of.such referral.
Approval by the Board of Appeals shall be made contingent upon
approval of on-site water supply and/or on-slte se\rage disposal
systeEs by the Board of Ilealth or the MassachuseEts Departaent of
Environnental Quality Engineerlng, if having jurlsdiction.
(c) Any said nonresldential building shall not exceed one thousand
(1,000) square feet Ln total ground coverage.
(d) Any said nonresidential bullding shall conforn to the setback
and side line requiremenEs of the underlying zoning district, and pro-
vlded thaE any such nonresidential building or structure shall be
designed, placed and consEructed to offer a EiniEuD obstruction to
the floe of \rate!.
4450. Locatlons exenpted by specr.al pernLt. If any land in the Conser-
vancy Distrlct ls deeonsErated to the satisfacElon of the Board of Appeals,after Ehe questloE has been referred to aud reporEed on by the Plannlng
Board, Board of Health and the Conservatlon Commission, or thlrty-five(35) days have elapsed slnce recelpt of such referral; and after sol1
survey data, percolaEion teses taken between and including the nonths of
February through May and a plan showing elevations of land contours a!ririf
gL
ntervals, referred to Eean sea level datum, have been submlEtedled by a registered professlonal engineer and/or land surveyor
n fact Eot subJect to flooding or not unsultable because of
t
Yaroouth, T Zoning -38
drainage provlsions of this seccion; and EhaE Ehe use of such land w111 notinterfere Lrith the purpose for r.rh ich the Conservancy Dist.rict has been
establlshed and wlll noE be detriuental to the public safety and/or eelfare,the Board of Appeals may, after a publlc hearlng wlth requlred notice, lssuea speclal perEit for any use otherwise permitted at that location under the
Zoning Bylaw, in which case all other zoning provisions appllcable to such
land use shall app1y.
4460, Board of Appaals crlteria. I.lhere ver in thls section the Board of
Appeals is authorized to issue a speclal permlt, said Board shall assureto a degree consisEenE wiEh a reasonable use of the locatLon that said use:
4461. Does noE produce unsuitable development io narshes, bogs, ponds
or along watercourses or in areas subjecE to flooding.
4462. FacilitaEes the adequate protection and provisLon of a waEer supply.
4463. Protects and preserves the inland marshes, bogs, ponds and water-
courses and their adjoining wetlands ln order to safeguard the purLty of
inland and coastal lraters for the propagaEion and protection of aquatic
life and for recreational purposes.
4470, ProhibLced uses. Except as provided in Sections 4430, 4440 and 4450of this protective bylaw, the following uses are prohlbited r.rlthin the
Wetlaod Conservancy District.
4471. No person shall fill, place or dump any soi1, 1oaE, peau, sand,gravel, rock or other Eineral subsEance, refuse, trash, rubbish or debris,
4472. iilo person shall drain or excavaEe or dredge land or rretlands or
remove therefroE loarD, peaE, sand, gravel or oEher Eineral substances.
4473. No person shall perforo any act or use any land or wetlands in a
roanner which would desEroy the natural vegeEationr substantially alter
existlng paEEerns of water flow or otherwise alEer or Pemlt Ehe altera-
tion of the naEural and beneficlal characEer of the land or wetland.
4474. No person shaLl cause by any Eeans any sewage or any effluent
contarrlnatld by sewage to enEer or flow into aRy eretlands' whether-.the
same is by suriace oi subsurface action o! seepage or oEherwise. "I.Iet1andsr"
in this section, shall nean areas comprlsing poorly drai.ned or PlasEic
solIs such as c1ays, nuck, peaE or bog Ln vhich depth to water table is
six (6) inches or less during the perLod betlreeo February and May'
t
IarnouCh, T Zoning -39
4475. Any and all sewage disposal systeros' storage areas or tanks for
chaeicals or petroleum products or other Potential sources of substanEial
polluEion shal1 not be located wirhio sevenly-five (75) horizontal feet
of any Conservancy Distrlct.
4476. No buildiogs or strucEures sha1l be erecEed.
4480. Building pernits. Whenever an appllcation is made for a building PerDitshich involves the use of land Ln the Conservancy District, the Bullding
Inspector shal1 require the applicant for such perait to provide as Part of
such applica tion:
4481. A plan, drawn by a reglstered land surveyor, of the lot on whlch
such bui.lding is intended to be bullt. Said plan to shotr:
(a) Proposed buildlng and sewage disposal locaElons.
(b) Elevations of the land contours, aE two-fooE lntervals, referenced
to Bean sea 1evel datuE.
(c) Location of percolatlon tests taken between and includLng the
oonths of February through }lay.
(d) Soil survey daEa certified by a registered professional engioeer.
4482. Each appllcation to lnclude all of the followlng, prior to lssue-
ance of a buildlng pernlt:
(a) The wrlEten approval of the Board of Health.
(b) A wrlEterr recomendaElon by the Conservation Com.ission.
(c) A copy of the special perElt granEed by the Board of Appeals;
! 175-4500. Yotele.
4510. Accessory uses. No accessory uses are pernitted in required yard
areas excepl a drlveway and permitted sLgns (subject to the provisions of
75-3300 in the front yard). All yard areas not covered by parking areas,
veuays, accessory structures or other lnpervious surfaces shal1 be planEed
h grass, trees, shrubs or other vegetation.
Where any Eotel lot 1lne abuEs a ResidenEial DistricE boundary, there
!1drl
ulE
I
Yarmouth, T;Zoning -40
shall be a buffer at least ten (10) feet wide containing a dense grouplng
of trees or shrubs, either retalned or planted, sufficienc to provlde anatural barrier aC leasE three (3) feet high lnltially and at least seven(7) feet hlgh lrithln five (5) years.
4520. Lighting. No buildings shal1 be llluminated Ln such a way that
causes glare for Eotorists, pedestrians or neighboring preuises.
Yarmouth, T Zoning - 4L
ARTICLE V
Defini tions
$ f75-5100. Defini Eions.
Io this bylalr, the follorring terms shall have the following meanings unless
other meaning is required by the contexE or is specifically presciibed:
ACCESSORY BUILDING OR USE -- A building or use customarily incldental to
afld located on the same lot wi th the principal building or use, or oo
conEiguous Lots held under the same ownershiP, excePt that if more thao
thirty percent (30%) of the floor area or fifty Percent. (502) of lhe lot
area is occupied by such use, it shall ao longer be considered accessory.
BOARDING- OR LODGING HOUSE -- A dwelling with a ma.naging farnlly resident
on the premises, offering acconrnodations r with or without neals, for rental
to more thanthree (3}and fewer than twelve (12) persons.
BoYSr OR GIRLS' CAMP -- FaciliEies operated on a seasonal basis for a
conEinuing supervised recreational, health, educational, religious and/or
athletic progran, wi ch persons enrolled for periods of not less thao one(1) week, and shall include but not be limited to such facilities as Boy
Scouts' canps, YIICA carnps, tennis camps or other similar facilities, wi Eh
or wiEhout overnight accomodations.
CAr\IPING AND RECREATIONAL EQUIPMEM --Includes but is not limited to the followir
(a) B0AT -- Any inboard, outboard or sail opeu watercrafE, opeu or
cabln type.
(b) CAIIPING TRtrILER -- A canvas, folding strucLure mounted on rtreels
and designed for travel, recreation and vacation use.
(c) l,fOToR HOME -- A portable, temporary dwelling to be used for travel,recreation and vacation, constructed as an integral part of a self-propelledvehicle, havirig a body widch not exceeding eight (8) feet and a body lengthnot exceeding rhirty- tro (32) feet.
(d) PICKUP COACH -- A structure designed primarily to be mount.ed on apickup truck chassis and witl sufficient equlpment to render it suitablefor uses as a temporary dwelllng for travel, recreaLional and vacation
use.
(e) TRAVEL TRAILER -- A vehicular, porEable srructure builE on a chasjisdesigned to be used as a temporary dwelling for travel, recreational andvaeation uses, pennanenLly identified "lravel trailer,' by Ehe manufacturerof the traller and having a body width not. exceeding eight (8) feet and abody len3th not. exceeding thirty-two (32) feeE.
Yarmouth, T Z on ing 42-
CAMPGROUND -- Premises with sites used for travel trailers, campers,tenting or for temporary overnight facilities of any kind where afee is charged.
CLUB OR LODGE The premises or buildings of a non-rofit organizationexclusively servicinq members and their guests for recreational ,athletic or civic purposes, but not including any vending stands,merchandising or commercial activities except as required generatlyfor the membership and purposes of such cfub. This shall not includeclubs or organizations whose chief activity is a service customarilycarried on as a business.
COMMERCIAL NURSERY OR GREENHOUSE Premises principally used commer-cia1Iy for the propagation of trees, shrubs, vi-nes, flowers or otherplants for transplanti,ng, stock for grafting or for cut flowers, orfor the raising of produce within a glassed or plastic enclosure, foreither wholesale or retail sale.
CONTIGUOUS LOTS Lots
at least one haff (!) the having common boundary equal in length tototal length of the longer boundary adjoining.
CONTRACTORTS YARD Prernises used by a building contractor or
subcontractor principally for storage of equipment and supplies, fabri-cation of subassemblies or parking of wheeled equi.pment.
COTTAGE COLONY Two or more detached seasonal dwellings located onthe same 1ot, each designed for independent family living.
DVJELLING A building or part of a buj-1dinq used exclusively asthe living quarters for one (1) or more familj-es.
DWELLING UNIT A sinqle unit providing conS:lete, independentIiving facilities for one (1) or more persons includinc, permanent
provisions for living, sleepi,ng, eating, cooking and sanitation.
EDUCATIONAL USE Premises used for systematic instruction or for
the j-mparting of knowledge, and either operated by a public agency or
licensed or accredited by the Conmissioner of Education.
FAIvIILY An individual or two (2) or more persons related by blood
or marriage, or a group of not more than five (5) persons not so
related, Iiving together as a single housekeeping unit.
GROSS FLOOR AREA Shall be measured to the outside of the building
with no deductions for accessory unoccupied areas such as ha11ways,
stairs, closets, thickness of walIs, columns or other such features'
GUEST HOUSE OR INN A building similar in character, both
interior and exterior, to a single-family dwelling, in which
lodging is offered in five (5) or fewer guest rooms.
on
overn ight
cuEST UNIT A room or suite of rooms in a hotel, motel, motor inn
or guesthouse suitable for separate rental'
HOSPITALIicensed byc.I11, S5l
- A facility for the care and treatment
the Massachusetts Department of Pub1ic
or 71 , as arnend.ed .
of patients
Health under
as
G.L
Z on ing 43
INN see Guest House
LOT FRONTAGE -- That portion of a 1ot fronting upon and havingrights of access to a way providing lega1J,y sufficient frontagethe division of land under the requj-rements of c.L. c.4l- S8IL.,be measured continuously along a single street Iine.
forto
LOT LINES
I,1OB I LE
space s
front -
S ide
Rear
MoBILE HoME Any vehicle or object designed for movement on wheels
and having no motive power of its own, but which is drawn by or usedin connection with a motor vehicle, and which is so designed and con-structed, or reconstructed or added to by means of such accessories, asto permit the use and occupancy thereof for human habitation, \,rhetherresting on wheels, jacks or other foundation, and sha1l incl-ude thetype of constructi-on commonly known as "mobile home", having a bodywidth exceeding eight (8) feet and a body length exceedj-ng thirty-two(32) feet .
the boundary line separating street from Iot.the boundary line connecting front and rear 1otLines. In the case of corner lots generally allIot lines other than the front lot line are to
be consi-dered side lot Iines.the boundary line connecting side lot linesfarthest from and approximately parallel to,the front lot line.
Premises accommodating a oathering of fifty (50)
purposes not more specifically categorized
HOI\IE PARK Premises planned and improved for the rental offor two (21 or more mobile homes.
MOBILE STRUCTURE A movable structure designed for year-round
occupancy used for office or other nonresidential activity.
MOTEL or HOTEL Any building, other than a guest house, containingsix or more guest rooms intended to be occupied on a transient basis,
and which do not contain cooking facilities in the guest rooms.
MULTI -FA.[!'IILY DWELLING A building or portion thereof containing
more than two (2) dwelling units and not classified as a one- or two-family dwelling.
NURSING HOIVIE Any dwelling or building with sLeeping rooms wherepersons are housed or lodged and furnished with meals and nursingcare for hire, as licensed by the Massachusetts Department of PubIicHealth under c.L. c.III, S7I through 73, as amended.
oNE-FAMILY DWELLING A building containing one (1) dwelling unitwith not more than three (3) lodgers or boarders.
PAVING A uniform, hard, smooth covering which will bear travelby vehi.cles or by pedestrians in all seasons, or which is used inconjunction with certain sports or recreational activities. It includesconcrete, bituminous concrete, oil-penetrated gravel, brick and pavingstone, but shall not include such materials as gravel, crushed. clam-she1ls or any other similar material.
PLACE OE ASSEMBLYof more individuals forin this by1aw.
' Yarmouth, T.
Yarmouth, T
RELIGIOUS USE Premises principally usedrelivious instruction or other expression ofof theological teachings or belief.
Z oning 44
for public worship,an inteqrated. system
SEASONAL USE Use of a lot or sturcture for 180 days or less peryear on the average. An applicant may show otherwise by providingevidence such as utility bi11s, US Post Office records, sworn affidavitsfrom 3 abutting year-round residents, or other evidence satisfactoryto the Building Inspector.
or
of a
SIGN A11not, designedservice.
advertising devices orto promote a bus ine s s
lnsignia,or the sa lewhether letteredof a product or
SIGN AREA Shall be determined by the rnultiplication ofwidth ano the extreme height, .including borders and withoutfor open space or other irregufarities.
the extreme
deduct ion s
dwelling unit orthan 90 days during
STABLE Any premises used for the shelter and feeding of horsesfor remuneration, hire or sa1e.
STRUCTURE A combination of materials assembled at a fixed locationto give support or shelter, or anythino constructed. or erected, the useof which reguires a fixed location on the qround, including but notlimited to buildinqs, mobile homes, swimming pools having a capacity offour thousand (4000) gaf l-ons or more, piers, jetties, signs, fences,radio antennas and retaining wa1ls. The word "structure" shall be
construed, where the context requires, as thouoh followed by the words
"or part or parts thereof".
TELEPHONE EXCHANGE A building containing a central system ofswitches and other equipment and personnel that establishes connections
between individual telephones. It shalI not include facilities forservic.ing individual telephones, truck or equipment storage, businessoffices or any other facility or office not directfy related to theswitching system.
TIl,lE SHARING -- The sale or multi-year lease
a guest unit for specific recurring periods ofthe course of a year.
of a
less
TWC-FAMILY DWELLING A building containing two (2) dwelling unitswith not more than three (3) Lodgers or boarders per famj.ly.
YARD An open space, unoccupied and unobstructed by any structureexcept: fences, wal1s, poles, posts, paving and other customary yard
accessories, ornaments and furniture, and ramps, Iandings and similar
structures needed for handicapped access. Cornices, windowr si1ls,
belt courses and other ornamental features may project not nore than
eighteen (18) inches; Bay/bow winoows, oreenhouse windows and eaves
may project not more than twenty-four (24) inches, and chimneys may
project not more than thirty-two (32) inches into any required yard.