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Home My WebLink About5205 Exhibit 05 Zoning Bylaws 1973-1974EXHIBIT 5 I' P '4�. # /.rG9 L� L c[i �1 cc ✓[c �� /'ts i. 4 } ZONING BT-LAW A by-law to Orowte the health, safety, convenlewo, swrsls and wel- fare of the inhabitants by dividing the Town into districts sad regulating the use and construction of buildings and premises therein. Section 18.01 ZSTASLISHKWT OF DISTRICTS. i. Classes af_D_ietricta. The Toof Yarmouth is herewith divided into the following c arise o districts: Residential: RD-1, RD-2, RD-3. and RD-4 Business Highway Commarcial Industrial Thee* districts are defined and bounded as shown on the sap filed with the Town Clark and entitled "Zontyt Nap, Town of Yarmouth, December 26, 1972,e as most recently amended. '!him sap and e11 explanatory rtter ther*- on is hereby made part of this by-law. Notwithstanding the aforesaid zoning map the Residential Districts abutting the Highway Commercial District and husinesa Districts maibored Sections 13 through 20 and 22 on said map be last the rear boundary lot line of said Highway Co'arcial or Business District. There shall also be a Yetlsnd■ Conservancy District as an overlay to the above districts, with location and boundaries as shown on a map entitled "Flap of Conservancy Districts in the Town of Yarmouth, Mseeechusette', dated ranuary 15, 1973, filed with the Town Clerk, and bereby made a part of this By - Law. Detailed Soil Survey Field Sheets, on file with the Town Clark, shall be used if necessary to determine boundaries with respect to any given parcel. 2. Rear Bounds Line is i as D stricta. In a business district the rear boundary ling e e • • e ng rear boundary lot line as of !larch 15, 1946, not to exceed however, 1200 feet in depth. The rear boundary lot line for purposes of district definition Is de- fined as that boundary live of a lot shown cc a plan of lend recorded with the Sarnetable County Registry of Deeds or Land Registration Office or described by deed, which is opposite the street line of Route 28. 3. Leta in Two Districts Where a district boundary line divides a lot in a e.ng s or oIiit ownership at the time such line in adopted, the regulations for the less restricted portion of ouch lot shall extend not more then thirty feet into the more districted portion, provided the lot has frontage on a street In the leas restricted district. Section 1S.02 RESIDENTIAL DISTRICT AND VSLS. In a residential district no trsildtng or promisee shall be erected, altered or uead far any purpose except: 1. One or two-family dwelling. A dwelling is defined to be a build- Ing designed for residential purposes and not a trailer whether mohile or Immobile and however amid trailer eight be affixed to the land. 2. The taking of boarders or leaning of rooms by a family resident In the dwelling, Church. 8ducetional use, sea eL�cl. q anpt 5• Parm,or garden. 6. The handling of fish an the same premises where brought! 7. Yacht clubs not conducted for profit and in existence In the 'rown of Yarmouth prior to January 1, 1964. B. Accessory use on the same lot or --ontiguous lots held under the name ownership with and customartly incident to any of the above permitted urea and not detrimental to a residential neighborhood. R. The term "accessory use" in this section shall include the Parking or storing of an owner's oaaping and recreational equipment an private residential property subject to the following condttlons: A. At no time shall such parked or stored camping and recrea- tional equipment be occupied or used for living, sleeping ar housekeeping purposes. &. if the ramping end recreational equipment to parked or stored outside of a garage, 1t shell be parked or stored to the rear of the front building line of the lot, except for loading and unloedic�. C. for the purpose of this -law, oamplag •dd recreations'.equip- ment shall Include the following: 1 i 2. 1!. 03 - 4. C (1) iraval trailer - a vehicular, portable structure built on a chassis designed to be used as a to parwT dwell- ing for travel, recreational and vacation uses, per- manently identified •travel trailer• by the msm,oc- turer of the trailer, and having a body width not ax- ceeding eight foot and a body length not exceeding thirty-two feet, f2} pick-up coach - a structure designed primarily to be mounted on a pick-up truck chassis and with sufficient equipment to render it suitable for uses as a temporary dwelling for travel, recreational and vacation use. (3) Camping trailer - a canvas, folding structure sounted an Wheels and designed for travel, recreation and va- cation use. (4) Motor hone - a portable, temporary dwell' to be used for travel, recreation aryl vacation, constructed as an integral part of a self-propelled vehicle, having a body width not exceeding eight feet and ■ body length not exceeding thirty-two feet. (5) Boat - any inboard or outboard open water craft, open or cabin type. 10. the term "accessory use' in this section shall not include: A. Garage space for or storage of more t awn two automobiles, un- less authorized by the Selectmen. B. Mobile homes. For the purpose of this By -Law, a mobile home shall be defined as any vehicle or object designed for move- aent on wheels end having no motive power of its own, but wtU ch is drawn by or used in connection with a motor vabicle, and Which is so designed and constructed, or r+constructsd or added to try means of such accessories, as to permlt the use and occupancy thereof for human habitation, whether rest- ing on wheels, jacks or other foundation, and shall include the type of construction commonly known as mobile home, hav- ing a body width exceeding eight feet and a body length ex- ceeding thirty-two feet. Any of the fol-owing uses, on approval at the Board of Appeals: A. Aviation field. 9. Cemetery. C. Greenhouse or nursery. D. Hospital, aaniterium, institutlon or philanthropic use. B Municipal use. F. Hotel, club, or boys' or girls cemps or a guest hrnlse taking five or more people or motel. Yee -room in a building existing at the time this by-law takes effect, provided the building is not enlarged or substannttally altered In appearance, and na s'gns exceeding 9 total area at four square feet are displayed H. Telephone axchacge, not including a 9ervsce station ar outside storsge of Supplies Boat :naildang and storage J. MunlcLpa1 rec-sstlonal use. K. Gravel or sand pit. L Private club not conducted for profit. M Professional uses that are Ln conjunct.tn with residence uses providing that it will not sucstantieily :hsnge the use of the dwelLtng as a residence S�1a A. 4o sign shall he of 'the neon type or gas=Llumlriated tuoe `ype. B One sign may be allowed pertaining to the lease, sale or use of a lot or aild4_n3 on which placed and not exceeding a total area of six square feet; in a residential diatrict, signs nay be allowed on a lot occupied by a swelling, but therm shell not be a.lawad more tian in% sign of s_x square feet pertaiairyg to the +_ee thereof or bearing the name or occupation of any occu- pant or oecupante A real estate development in ■ residential ayea will be per- mitted the seas sign sites as allowed in a business area as long so actin building and selling to taking place. Such signs seat be moved within 30 days after such activities oases. Section 18.03 HJSDMS DISTRICT AND USES In a business district no building or premises shell be erected, altered or used for any purpose injurious, noxious or offensive to a neighborhood by reason of the emission of odor, fumes, dust, ■mote, vibration, or noise or other cause or for any purpose except: 1. Any use permitted in a residential district. 2. Filling station, garage, or stable on approval of the Selectmen. 3. !lmioipal use. 4. Office or bank. 5. Retail business, service or public utility not isrolving manufacture an the premises escape of products the major portion of which are to be sold at retail by the manufacturer to the consumer, and provided further that not more than four operatives shall be employed in such manufacture. b. Hotel, club boys' or girls' camps, a guest house taking five or more people, or mote . 7. Private club not conducted for profit. sSips. Signs shall be permitted in a:business district in ■ccord- snce with the following provision: A. Signs herein shall mean all advertising devices or inaignie whether lettered or not, designed to promote a business, the sale of a product or of a service. B. The area of a sign or other advertising device shall be deter- mined by the multiplication of the extreme width and the ex - trams height, including border& and without deductions for open apace or other irregularities. C. Supporting posts, pillars or arms of other than accepted sizes or design shall require the approval of the Building Inspector. All aid on the premises shall be kept in good condition, properly painted and presenting a good appearance in keeping with the ores where located. D. Illuminated sigma shall not have any glare distracting to drivers nor shall there be any exposed neon or gas -tube filled signs or illumination in colors that will conflict with the ability to readily see traffic lights or cause any hazardous condition therefrom. g. There shall be but one double faced sign not war 12 square feet within 15 feet of the highway boundary. If said sign is located between 15 and 18 feet from the road boundary it may be 15 square feet in area, and, if located more than 18 feet from the road boundary, it may contain not over 21 square feet In area with the upper and lower edges to be determined by the contour of the ground and with the approval of the Building Inspector. F. Major attractions and unusual establishments shell be given consideration as to sign design and sizes with the join: con- slderstion of the owner end/or architect involved, the Selectmen and Building Inspector. The plena for all buildings to include location and sizes of all signs aae to be considered before the ppermit is leaved. G. Slagle faced al" parallel to :be highway and not in _ontect with a building will be allowed 33 1/3% over the prevtou3 lizita, the height and location of all signs shall be approved by the Building Inspector. B. Sigma on buildings may be of the same size es permitted single faced signs, but with the exception of cut-out letters, they may not be painted or posted on tha surface o! any building without en Intermediary removable surface. I. Signs on buildings may be of a sire in proportion to the size at the buildings so that they will be in keeping with said building from an architectural standpoint with ne definite size restrictions, but to be approved by the Bui_ding inspector and subject to review of the Appeal Bcard. J. Rat -out letters oust be kept within sizes proportional to the area an which used. S. No signs advertising "off the premise' products, ser;ices, entertainment or anything detracting frog the appearance of the neighborhood shell- be.painted or af!ixed :o a rack or tree. M /t o 3 -1, C.- R' � 4. L. National Bablaas: There shall be no more than two so-called "National• emblems of not nor* than a total of 1,000 square Inches and not more then 600 square inches for mmy one such emblem. M. There ahall be no more than one 'Accessary- sign and this shall not exceed throe square feet In arse. n. No sign or other advertising device shall be permitted within the Town limits. that, in the opinion of the Selectmen and/or the Building Inspector having ragsrd for the health and safety of the public, the danger of fire or in consideration of the general atmosphere of the area would be considered detracting or a hszmrd. 0. Signs on Torn Ways erected as a public convenience will be limited to so-called "Community" displays and shall require a permit to be issued by the Building Inspector. These will be limited to ■ standard size and lettering, and will be main- tained by a person or persons designated by the Board of Se- iectaen. P. Gasoline stations and garages will be allowed the standard permanent oil company sign In addition to name sign, pplug the customary lubrication, washing and service signs displayed In the positions to which they apply tad one A -frame or easel type sign, and so-called special signs will be permitted on sides or heads of gasoline pumps only. Promotional signs and material, with the exception of banners and whirligigs, supplied by gasoline or tire companies to promote a new prod- uct or sales, may be displayed for a period of thirty days upon notice to the Building Inspector. 9. The following uses, but only upon approval of the Board of Appeals by way of a Special Permit: A. Place of amusement or assembly. B. Trailer Park, so -celled, and then only when In the judgment of the Board of Appeals such permit will tend to improve the status of the neighborhood, and the non -granting of such per- mit would impose hardship upon the owner of the land. Section 18.04 HIGHWAY COMKERCIAL DISTRICT AND USES 1. The land abutting the State Highway (Route 26) from the hyannis- Yarmouth line to Bass River shall be designated as "Highway Commercial" to the existing rear boundary lot line as of June 24, 1471, not to exceed however, 1,2M feet in depth, and said rear 1^t line shall not be extended by the acquisition of additional propertv.l l�r ey,� en�drs hw Ow sK PWVMM of aavx+ adwl� Y amee W IaN MMeJ to d e M dw� � a ��11ud,d lmfnei 61 with Ow SwnUble C4My PAO-47 el deeb w LOW tywaeum oQWe w aenT{Yea by dwd .bib r.prbe ur.ww paadw.r m fin- :ar W rp r sf t3 "I -Law, existing and future uses of land, budding: and ocher s`rartt,res shall be allocated among the following. it is the intent that every possible use be included, and a use that does not readily tall Into any category Shall be included in the one to which it is moat similar: A. Allowed uses: (1) Retail stores for the mle of merchandise where the bulk of display and sales ere conducted within a Building. (2) banks, business offices, professional offices and per- sonal service establishments, including but not limited to, barber or beauty shops, photographer's studios, laundries, dry cleaning or tailoring shops, shoe repair shops, self-service dry cleaners or laundries. (3) Government, civic, rellgous, education or public service uses. (4) Gasoline filling stations containing not more than three (3) bays for repair, service and/or maintenance of ve- hicles. (5) Hotels and motels, which shell meet the regulations set forth In Section 18.06 of this By -Law, except as specifl- tally set forth in Paragraphs 3 and 6 of this Section. (6) Business establishments allowed under this Section, either separately or commonly owned, grouped in a shopping center, providing the building containing said establishments meats all requirements of this By -Law. 5. (7) Reataurante and other eating places for serving food or bovarages to persons inside or outside the bullding. (a) Undarta" and P=arel establishments. (9) One family dwellings. (10) Combined ban nese-rssidencea. (14) Accessory uses a-ast,�marily incidental to a permitted main use, providing such atcessory uea is not detrimental or dangerous. (12) When there is a possibility that the surrounding neighbor- hood may be affected by reason of possible duet. odor, noise, vibration or threat of danger by any of the afore- said uses, the Board of Appease shall hold a public bear- ing prior to said use, and if the Public Health and Safety world not be adversely affected by said use, the Board of Appeals shall grant a special permit for the same. B. Prohibited uses: (1) Manufacturing establishment, including assembly, febrics- tion, processing and reprocessing of materials. (2) Warehousea, storage or wholesaling establishments. (3) Heavy motorized equipment repair or dismantling and/or storage of non -operative motor vehicles or materiala or equipment held for discard. (4) Truck terminals, truck freight yards or freight terminals. (5) 0-pen or outside storage of new or used materials or build ing equipment, including bulk materials, other than that included as a permitted use in accessory outside storage (6.% Sale, rental or storage of mobile homes, trucks, trailers tractors, bulldozers or similar heavy equipment. (7) Private or commercial airfield. (5) Sillboarda C. Uses Upon Approval of the Board of Appeals: (1) Outdoor recreation or amusement. (2) Open Space Village. (3) Hospital or Muraing Home L) Public UtLlity 5) rater r.rpply use ;5) Repair whop for household appliances, radio end _9levi&: r. mote :r offi:e equipment. (7) Farm :)r fish stand. (0) Veterinary astablis'rment or piece for boarding ar.!mals. (9) Automathc car wash. (10) Hall, club, theater, piece of public essem^ly, bowling allay, dorms hell or other ndoor commercial avisament or seaeably use, or public transportation depot. (11. Any use which cannot to .nc_uded in or is dissl::lar f.-e9 the approved use and not prohibited in Paragraph a above. 3. jUaffa w ru oa age on Route aE 125 test, for a depth of 100 feat_ 6. frog- 3� e-4--al B. Minima Square Footage. 12,500 Square Feet. C. A lot or parcel of land having an area or a frontage of lesser amounts than required as aforesaid may be considered as coming within the area and fronts a requirements of this section, pro- vided much lot or parcel of land was shorn an a plan or des- cribed in a dead duly recorded with the Barnstable County Reg- istry of Deeds or Land Registration Office at the time of the adoption o1 this By -Sax and did not at the time of such adop- tion adjoin other land of the same owner available for use in connection with such lot or parcel. If there Is a contiguous open lot (or lots) under the some ownershi bounded in a deed or shown on a plan duly recorded with the Lrnstable County Registry of Deeds. or [and Registration Office prior to*the adoption of this By-Lav, and not to be used for residential purpoass, the Board of Appeals (after due notice and public hearing) shall require that much iota be merged, so as to pro- vide the maximum possible area up to 8,500 square feet per new lot thus ersated; except that 1f the total combined area of such contiguous open lots under one ownership in not more than 8,500 square feet, the Board o1 Appeals may permit the creation of, and issuance of building permits for, a total number of lots lees than eighty- 8,%0 square feet equal to the number of eighty- 8,500 square foot lots, plus one , that could be laid out within the entire tract under one ownership. As used in this section, the word"contiguous" shall be interpreted to mean having a common boundary equal in length to at least one- half the total length of the longer boundary adjoining. Buildimm Placeoent Yd 11 won s ae Doc - 30 feet B. Minim= side yard setbacks: (1) Corner lots - 30 feet 2 All other Iota - 25 feet C. Minimum rear yard setback - wt ra.t q,.l f] MaXLMIM b ilel,no coverage - 501E of lot er►n;—�pP"`' Any yard space or area required to be kept open and unbuilt upon any lot may nevertheless be used for off-street automobile parking, if otherwise lawful, except that a strip not less than ten feet ride shell be londaceped appropriately and maintained in a sightly con- dition, open and unbuilt on, unpaved and not parked on, all along the front, rear and aide lot lines, and ah11 not be crossed, ex- cept by a five toot wtde sidewalk and a maximum foot driveway as a means o1 aeceea from the street to the lot for each 125 feet of frontage, except where additional width may be approved by the Commonwealth of Massachusetts Rules & Regulations for Entrance to State Highways. Sirs allowed in this district ere the same as those allowed in a business district. off-street perking spaces, not less than 10 feet by Te�el per vehicle with an area of not leas thhan 200 square feet per vehicle, excluding the portion of driveway to each such parking space, not to be located with-n five feet of any lot line, shall be provided on the same lot or another Iot within a radius of 200 feet for the following uses: A. Places of public assembly, including achool and church sudi- torlums, libraries, museums, clubs, theaters, bowling alleys and other amusements, undertaking establishments, trade schools and hue depots - one parking apace for each four seats, or where benches are used, one apace for each eight lineal feet of bench. Where no fixed seats are used, for each 50 square feet of public floor ere& there shall be one parking apace. 3. Retail stores and similar business establiahmenta (with ade- quate off-street loading and receiving arena), personal serv- ice shops, banks and other financial offices - one parking specs for each 200 square feet of gross floor area, exclusive if storage space, on all floors. C. Offices - one parking space for each 200 square feet -of gross floor area, exclusive of starep spats, on the aimd floor, plus ons additional spec* for each square feet of prose floor area, oxclusive of storage space, on all other floors. D. Restaurants or establishment■ licensed as a common victualer or businesses purveying food reedy to be consumed on or off the premises - oqe perking apse@ for each four $sets and/or ten parking spaces for each service station or person dispensing food, whichever is greater. A. Hospitals and Nursing Homes - one parking apace for each sleeping room for single or double occupancy, or, where not divided into such room (ward), one parking space for each two beds. F. Far all other permitted or authorized uses, including veter- inary establishments, day nurseries, farm stands, sport Brands, drive-ins, gasollne filling station, or places of building trades - aQequat• parking space@ to accommodate under all normal conditions, the care of occupants, amployess, Mae - berm, customers, clients and visitors to the prvaisee, Section 18.05 INDUSTRIAL DISTRICT AND USES. 1. In addition to the other Industrial Zones shown on the Zoning ]tap, Town of Yarmouth, December 26, 1972, the following shall be designated as "Industrial": the land bounded on the Borth by Route 6;on the West by Willow Street; on the South by the Cape a Vineyard Hyannis-Rarich Electric rraae- mission Line; on the East by a line parallel to and 200 feet westerly from the westerly aideline of West Yarmouth Roed;on the South by ■ line formed by the westerly extenalon of the southerly sideline of Old Town House Road, and by Old Town House Road, and by the Cape 6 Vineyard Hyannis-Harich Electric Transmission Line; on the last by the Town of Yarmouth Wellfield; on the South by the Town of Yafe6uth Yellfield; on the last by the westerly line of lend ahowa an land Court Plan 30101A; on the South by the northerly sideline of I" shown on sold Land Court Plan 30101A; on the Beat by the westerly sideline of North Mfa.n Street; excluding the 8usinesm Znne shown as Ares 25 and the Residential Zone shown as Are@ 26 on said December 26, 1972 zoning asp. 2. For the purposes cf this by -Law, oxlsting and future uses of land, buildings snd other strictures shell be allocated aapmg the following: A, Allowed uses: (1) Warehouse Or other enclosed building for the storage, distribution, or wholesale marketing of materials, ser- chandiss, products or equipment, provided that much use is not hazardous by reason of potential fire, explosion, or radiation, nor Lnjurioua or detrimental to the neigh- borhood by reason of dust,odor, fumes, wastes, noise, vibration or other noxious or objectionable features. (2) lumber yard, fuel storage plant, track terminal, train terminal, contractor's yard, used car lat or Other open- air establishments for the storage, distribution ar melt e= wholesale or retail, of materisla (but not including salvage met it s) merchandise, products or equipment provided that all operations shell be such as to confine to the promisee disturbing dust, noise or other objec- tionable effects, and provided furthar that such use is not tezardous by reason of potential fire, explosion, radiation. (3) Research or testing laboratory, printing or publishing plant, bottling works, manufacturing establishment or other lawful assembling, packaging, finishing or process- ing use, provided that all operations shell be such as to confine disturbing smoke, fumes, dust and noise to the premises, end provided further that nO operations shall censti ute a hazard by reason of potential fire, explosion, or radiation. (4) *atehllsbaent for the repair of motor vahicles, boats or landscaping lstp2ments and gasoline filling statiew, pro- vi4ed that the Raking of all but minor reapirs be conducted wholly within a building suffleiantly aeuldd-Insulated to confine disturbing noise to the prw*lses. (3) Shop at a housshold appliance, radio, television set, office equipment and bieyele rapairssn, printer, bleekanith, builder, carpenter, caterer, electrician, lawaaewer service- men, asson, painter, plribrr or rooter, or related trades- men, provided that all work mind storage shall be conducted within a building sufficiently hound-inaulated to confine disturbing noise to the premises. (b) Auction gallery for exhibitions and sale. (7) Government. civic, religious, education or public oervicik uas. (8) All related accessory uses customarily incidental to the above permitted uses. (9) Retail stores only upon approval of the Board of Appeals as a *special Permit". B. Prohibited uses- (1) Hotels and motels. (2) Apartments. (3) One or two family dwellings. (4) private or commercial airfield. (5) Billboards. (6) Junkyards and storage and/or sale of aalvage materials, (7) Trailer parka. {8} Any use which is excessively obnoxious or injurious to the neighborhood or to property in the vicinity. 3. Wherever sin industrial district adjoins a residential district after adoption of this paragraph, no building or pert thereof designated or uaed for business or industrial purposes shall be placed within 50 feet of the district boundary. 4. Wherever an industrial district adjoins a residential district and has its gain frontage on one street, that street ahalI be used for the frontage and for all receiving and delivering of goods. 5 .Wzf6upwl JOVILtI101; A T1e n-n-mum Lot fron!agef shall be 100 feel This 3 may be reduced to eC fee' ti the lot in at tenet 100 feet f ride 35 ePL rack from .he stre=t hne B. Minimum square .footage - 15,000 square feet C. A lot or parcel of land having an area or a frontage of lease:' amounts than required as aforesaid may be considered es eotnlr.g within the area and frontage requirements of this aect.on, p", vided much lot or parcel of lend wen shown :n a plan or des cribed in a deed duly recorded with the Barnate'Jle County Reg istry of 0eade or Land Registration Office at the time of such Lot f-ontage here a'd e.laewherr n thra nv .a.. mean.6 .ha: pnrtlon of a 1o1`rontszq .ppa and having r.gn:a of ac cesa to s wa! providing legally sufflcrenl frontage !�r lne dtvlaioc of land under the requtremente of G. L 'Ter. Ed i Ch. 11 Sec. OIL. To be measured tont,huoueiy a-ong a slrtgle atrr.et ilne 4. adoption of this By -Law end did not at the time of such adep- tiom adjoin other lamd of the aaae owner available for use is connection with such lot or parcel If there Is a contiguous open lot (or lots) under the same ownership bounded in a dead or shown on a plan duly recorded with the Barnstable County Registry of Deeds or Land Registration Office prior to the adoption of this By -hew, the Board of Appeal a (after due tiotLce and public hearing) shall require that such lots be merged, so as to provide the maximum possible arse up to 8,5W square feet per new lot thus created; except that if the total combined area of such contiguous open lots under one amaeretiip is not more than 8,500 square feet, the Hoard of Appeals may permit the creation of, and issuance of building permits for, a total number of late less than 8,50O square feat, equal to the number of 8,500 square foot lots, plus one, that could be laid out within the entire tract under one owner- ship. As used in this section, the word, 'contiguous• shall be interpreted to mean having ■ common boundary equal in length to at least one-half the total length of the longer boundary ad- joining. 6.IMIMA A. Miniaum front yard setbacks - 30 feet, except for lots shutting Old Town House Road, which said lots shall have a setback of 70 feet from geld Old Town House Road. B. Minimum side yard setbacks - 10 feet, except for corner Iota, which shall have side yard setbacks o1 30 fee'_. C. Minimum rear yard setback - 20 feet. D. No building shall cover more than 35 percent of the gross land area of the lot on which it is located. 7. Any yard apace or area required to be kept open end unbuilt upon or any lot may nevertheless be used for off-street automobile parking, if otherwise lawful, except that a strip not less than 15 feet wide shall be landscaped appropriately and maintained in a sightly condi- tion, open and unbuilt on, uxipaved and not parked on, all along the street and district boundary lines, and shall not be crossed, except by a five foot vide sidewalk and/or either two 10 foot driveways or one 20 foot driveway as a means of access from the street to the lot 8 4LpMA allowed in this district are the same as those allowed in a business district. 9. Wf-street parking spaces, not less then 10 feet by 20 feet per vehicle with an area of not less than 200 square feet per vehicle, excluding the portion of driveway to each such perking space, not to be located within five feet of any lot line, shall be provided on the same lot or another lot within a distance of 200 feet within geld industrial ,�.ie`.rict for the following uses: A Places of public assembly - One paring space for each four seats, or where benches are used, one apace for each eight lineal feet of bench, or where no fixed seats are used, for each 80 square feet of public floor area, there shall be one parking space. S. Warehouse or other enclosed building for storage, distribution or wholesale serketing, etc. --One (1) space for each two am- ploysee; and one permanent off-street loading apace of not less than 10 feet in width, 30 feet in length and 14 feet in vertL- cal clearance; and one additional loading space of the name site for each additional 5,000 square feet of floor apace or portion thereof, excluding basements. C. For all other permitted or authorized uses, including open -lac sales or atorags yards, placed of building trades, gasoline filling stations, and all other commercial uses --adequate park- ing spaces to accommodate under all normal :onditions, the Cars of occupants, employees, *stoners, clients and visitors to the preelsee. Section 18.05A YYTLAMM CONSIRVANCY DISTRICT. 1. General. This section does not grant any property rights; it does not author a@ any person to troopaas, infringe upon, or Injure the Drop - arty of another; it does not excuse any person of the necessity of .ply- ing with other sections of this by-law or other ■pplicahl4 laws, regula- tions or by-laws. 2. Purpose. Conservancy districts are intended to preserve, protect, sr+d sain ein Yn ground rater supply on which the inhabitants depend for rater; to protect the purity of coastal and inland waters for the propa- gation of fish and shellfish and for recreational purposes; to provide for the continued 2`inctioning of the wetland as a natural system; to protect the public health and safety: to protect persons and property from the hazards of flood and tidal voters which may result from unsuitable devel- opment in swoops, ponds, bogs, or marshes along rater courses or in areas subject to floods and extreme high tides; to preserve the amenities of the Torn and to conserve natural conditions, wildlife and open space for the education and general welfare of the public. 3, N114tted Uaaip, ftcapt as provided In Section 4 and 5 below, buildings, structures and premises in Conservancy Districts any be used only far the following purposes: A. Fishing and shallfishing, including the raising and cultiva- tion of fish and shellfish. H. Forestry, grazing and Corning, nurseries, truck gardening and harvesting of crops including but not limited to such crops as cranberries, marsh hay, see weed, berries and shrub fruits and trees, and work incidental thereto. C. Conservation of moil, water, plants and wildlife. D. Outdoor activities including hiking, swimming, boating, nature study, fishing, trapping and hunting. 8. Drainage works which are part of local flood and soaquito control conducted by an authorized public agency. P. Uses accessory to residential or other primary uses, much so flower or vegetable gardens, lswns, pasturaa or forestry areas. 4. Vast ?ermitted Euce tion. --Upon issuance o a special permit by the Board of Appeals, and subject to such special candltlsns and safeguards as the Hoard of Appeals deems necessary to fulfill the purposes of Section 2, the following uses and structures are permitted, (1) Non-residential buildings or structures to be used only In conjunction with fishing, shellfishing, the growing, harvesting and storage of crops raised on the premises, and boathouses (2) Dame, changes in water courses or other drainage works only as part of an overall drainage plan constructed or authorized by a public agency except as stated in 3E- above. ?�) The superllcial clearing of areas of private beach and the filling or replenishment thereof in conf3raity with thl provisione of Chapters 782 and 764, Acts of 1972 and Chapter 91 of the General Laws i41 Fabricated we!4a >r trs.ls, docks and lanaings for pri- va`_e Uae 3, The Board of Appeals asy gran'_ the above stated special uses orovided that: iH rn:rr rnru 1+ an dppltration ineludrnv a data!!eA p:dr ,r Stih mt;hd (o lhr finarrl. So'd plan .hA!l indira:e loran q of Psnpnq. ! a red rais! i ne �: rut t �i r,•; tnr diq lint t'or. he twerp ihtact la •d 1"d apland. and rlAvai%or•s Df :and rt+ntnurj at r.n font nler•.d rerrrd to mrjr. !tea !rvrtl daldn, 12) Cnples rnf the app;:raao^ he t!r It,.,-W nr Appeal., t.i the Planning 3uard• Hoar! Df Hrallr!• .'I'd tn- ( nn- servation C'ornmiAsio�. ..tiitn ., urn dav< of me-tpt • tier ;[Dare: of Appeals ard.--oo:ted cpon h•: &1; m-ee fin,nrd- nr In,r!, doe, Snail h'•r•+r r;an5ed fnllowtnl At:ch rererrn! rt!hou: rrs�. W o! enc4 reports. Aoar)v.t; by trr Hoard of Appeal; tnali he m.tdr ron- t�rgent •anon appro,al a! on-altr sewage digposal Dr 'Natrr ..lop!. 3 vsre m.: 'ry :he !'vrmnuth ©nand of Health or the Mass ar itu.e•'. is =kpartrr.ent of Public tieallh• ii having lurietE010r, (3) Any sold non-residential building shall not exceed 10W square feet in total ground oavar•ge, (4) Any said non-residential building shall conform to the set back and side line requirements of the underlying zoning district, end provided that any such non-residential building or structura shall be designed, placed sm4 con- structed to offer a minimum obstruction to the flow of water. 5. cations eta tad Exce tion- If any land in the Conservancy District la proven to trio asclslscLUD o the Board of Appeals: A. After the question has bean referred to and reported on by the Planning Board, Board of Health and the Conservation Commisalon, or 30 days have elapsed since such referral., and. B_ after Soil Survey date, percoietioa tests taken between and including the months of February through May, and plan showing elevations of land contours at two foot intervals, referred to mean son level datum have been submitted and certified by a Registered professional Uginser and -or Land Surveyor, ■o being In fact not subject to flooding, or not unsuitable because of drainage provislons of this section, and C. that the use o1 such land will not interfere with the pur- pose for which the Conservancy District has been established. and D. will not be detrimental to the public safety and -or welfare, the Board of Appeals nay, after a public hearing with re- quired notice, issue a special permit for any use, otherwiae permitted at that location under the Zwning By-LAw, in which case all other zoning proviaionA applicable to such land uae shall apply. 6. Board of A eais Criteria. Wherever in this Section the Board of Appeals a au or : o issue a SpecteI Permit for an ezcaption, said Board shall assure to a degree consistent with a rsaaonabie use of the IQ— cation that said use! A. Does not produce unsultable development in marshes, bogs, ponds, or along ws.orcourses or In areas subject to flooding; B Facilitates the adequate protection and provision of a water supply: C Protects and preserves the in,end marshes, bogs, ponds and water courses and their adjoining wetlands in order to sale- guarJ the purity of inland and coastal Tatars for the propa- gation and protection if aquatic life and for recreational purposes. 7. Prohibited Uses. Sxc^pt as provided in Section 3, 4 and 5 of this protective y-law, within the watiand Conservancy District, A. No person snail f' 11, place or lump 8r.7 soil, !gam, peat, sand, gravel, rock ar other mineral substance, reuse, trash, rubbish, or debris, B. So person shall drain or excavate or dredge land or wetlands or remove therefrom loam, peat, sand, gravel, or other mineral substances. C. No person shall perform any act or use any land or wetlands In it manner which would destroy the natural vegetation, su'r stentially alter existing patterns of water flew, or other- wise alter or permit the alteration of the natural end bene- ficial character of the Land or wetlsnd. D. do person atoll cause by any means any sewage or any effluent contaminstad �y savage to enter or now into any wetlanfa, wbether the name be by surface or aub-surface action Or eeap- age or otherwise. 'Vetlandse in this Section shall sear. areas ccmprtoing poorly drained or plastic soils such as clays, muck, pest or Dog in which depth to water table is S inches or lens during the period between February end May. E. Any and all Garage disposal systems, storage arias, or tanita for chemicals or petrola products or oth r potential sources of substantial ubsfeet f iaPollution she,,vancy not be District. vithin 75 hors-� tal any F. No buildings or structures shall be erected- 8. Buildlna Psrmlts. Yhenever an application is made for a buildia� pars c nvolves the use of land in the Conaervancy Distrie , the Building Inspector shall require the applLeant for such per- mit to provide as pert of such application: A. A plan, drawn by a registered Sand surveyor, of the lot on which such building In intended to be built. Said plan to show, (1) Proposed building and savage disposal locations. (2) A systimm of the land contours, at two foot intervals, referred to mean sea level datue, and (3) Location of percolation tests taken botvaen and includ- ing the months of February through May, and (4) Soil Survey data certified by a Registered Professional Eaginser. B. Each Application to include all of the following prior to Issuance of a building permit: (1) The written approval of the Board of Health (2) A written recommendation by the Conservation Commission (Y A copy of the Special permit granted by the Board of Appeals, prior to issuance of ■ building permit Section 18.06 MOTELS In addition to other provisions governing motels herein, the follow - Lag provisions shall also apply to the use of motels wherever provided for In Hite By -Law. / 1. For each lot upon which a motel is to be erected, there shall be a minimums frontage of ' 125 feet and a minimum of 2,500 square feet of lot area for each of the first tan motel unite. For each motel un'-t in excess of ten motel units, there shall be provided an additional 250 square feet of lot area. �2. No motel or addition to a motel shall be erected or placed on a lot which will'ree±.i t in the covering by all buildings of more than 35 per cent of the lot. i • 3. 'i'tse maximum height of any motel shall be not more thaw. *.vo stories. f` 4, in addition a one ofi-street parking space for each motel unic, there shall be two eddttioral spaces for each ten motel unite or fraction hereof. s 5. For each lot upon +inch a motel is srected there abnll be pro- vided a front yard' or setback distance of not lees than i 3o feet; a aide yard on each aide of not lees than 15 feet; and a rear yard of not leas than 15 feet. No other uses are permitted in these yard areas except that of a driveway in the front yard. All yard areas shall be appropriately landscaped and adequately maintained. 6. A site plan for each propoasd motel shell be aubmitted to the Building Inspector with the request for a building permit. Sail Bit■ plats shall fhow, among pther things, ell existing and pro- posed buildings, structures, parlring spaces, driveway opea.ings, driveways, asrvice areas, " other open uses, all feci7ities for sewage, refuse and other vas a disposal, end for surface water drainage, and all landscape features (such sa fences, wells, planting areas end valks) an the lot. 13. $action 18.07 0FZh bPACZ VILL&OS DSVYWFKW. I. 0D1•atives the ob actin of open Specs Village Develapsest in to allow ralatIVU7 intensive use of land, while at the ossw ties main- tainlag slating character; to preserve open space for conservation and recreation; to introduce varlety and choice into reeideatial de- velopment; to meet housing needs; to facilitate economical and ef- ficient provision of public nor -vices. She Hoard of Appeals may great a special permit for construction and occupancy of an Open Space Village Development In any dimtriat permitting reeidenc■s, subject to the fallmdna regu- lations and conditions. 3. A. -application Review. to promote better communication and avoid misunderstanding, applicants are encouraged to submit prelimimM materials for informal review by both the Hoard of Appeals and the Planning Hoard prior to formal application. Pr•liminei7 subdivision Plans, if any, should be subaitted to the Planning Hoard prior to application for a special permit. H. Application. Applicants for a special peredt for an Open $pace Village Development shall submit to the Board of Appeals five copies of an application and as Overall Development Plan. Such Plan shall eaeompaes land which is contiguous except for intervening streets, though not necessarily In one ownership, and shall encompass at least B contiguous acres. if the plan involves more than one ownership each owner of land included in the plan shall be a pasty to �he application and, upon PIRA approval, subject to its provisions. C. Overall Development Plan. The Overall Developaimt Plan shall indicate location and boundaries of the site, proposed lend and building uses, location of common open space, existing topographT, gradiag plan, location and width of streets " waya, Wouna, areas of proposed and retained vegetation, distinctions betrean upland and wetland, drainage, savage, and haigrt, bulk, use, and proposed location of structures. The plan shall have been prepared by a registered landscape architect, architect, civil engineer, or land surveyor. D. Other Materials. The application materials shall indicate each landowner's interest In the land to be developed, the form of organization proposed to own and maintain the common open space, the substance of covenants and grants of easements to be immeed upon the use of land and strictures, and a de- valopaaut schedule. !, Review and Decision Forthw:ta upon their receipt of the ap- plication and required plans, the Board of Appeals shell trans- act two copies to the Planning Board and one copy each to the Board of Health, Conservation Commission and Fire Chief, Yar- mouth Fire Department. The Planning Board, Hoard of health, Conservation Commission and Fire Chief, Yarmouth Fire Depart- ment, shall submit reports to the Board of Appeela within 45 daps of the application date, and the Board of Appeals shall make no decisions upon the application until receipt of all such reports, or until 45 days have lapsed since data of ap- plication without such roporta. T. Criteria. Approval of an Open Space Village Development shall be granted upon Board of Appoials 4etermtnation that the plan complies with the requireasata of Section 4, and that the plea is superior to a conventional one in preserving open space for conservation or recreation; in titilix.ng nature, featares of the land; in allowimg more efficient provision of streets, utilities, and other public services, and at least equal to a ocaventional plan in other respects 14. It. • • An Open Space Village Development must conform to A. 0 litfmber o Dwelling Unita f (1) The maximts number of dwelling units (living quarters for a single family plus not more than 3 boarders or lodgers, with cooking, living, monitory and sleeping facilities independent of any other unit, or quarters for not more than four persons in ■ lodging house or dormitory) allowed In an Open Space Village Develop- ment shall equal the "Applicable land Area" divided by the minimal lot area requirements for a single- family dwelling in that district, multiplied by the following incentive factors; then rounded to the near not whole number: A��lltable L-0 Area Lncently Factor Leas n acres p ua M ' 20-50 acres 1.1 + .q x MIT 50-75 acres 1.2 • .8 x MIT 75 plus acres 1.3 + .7 x HIT Where "M' to the »t:aber of dwelling unite proposed to be in multi -family strictures and T" is the total number of dwelling units proposed. (2) 'Applicable Land Area' shall be determined by a regis- tered land surveyor, and equals the total area encom- passed by the Overall Development Plan minus land den ignatad on the plan for uses not primarily servicing residents of the development. Not more then 10 percent of the Applicable Land Area shall be land subject to either Inland or coastal wetland regulations Sec. 40 and 40A, Ch. 131. G.L.) or land otherwise prohibited from development by local bylaw or regulation. (3) Where the Development includes core than one cwnersh:p, and -or Ilea In more than one district, the number of units allowed shell be calculated as above for each district and aummed to give an overall allowable total, which may be located on the plan without respect to all allowable subtotals by district or rwnership areas. B. loweble U e Uses allowed at any 1Dcation shall be only nee a owed In the district in which the location ILea ex- cept that multi -family dwellings may be located in any Busi- ness. Highway Commerical or Raaidential district (Except with- in the Iarmouth Historic District) provided that the provi- sions of Section D below are coaplied with C Dimeas-onal itegutattons Lot size of w,dth setback r,. er age, yard, anl he ghl regt.attons shall oe the 131.owiili t;nl^•1 ::r lots xe M1 770 snuare ' •et' 'dintmum lot+ridtn a! prOp09ed n.jjd-ng lone 100 fce: kl)iit: murrt front yard 201e,.th. ` .Minimum side are' rear yard 12fee, Vaximum lot coverage 25% ,Ma;amurn heigh floors 2 112 s:c.^res fee: 15 a Lot area deslgaatcd for mull farrtl:y -.Ilia 9ha'l ne rot te;; —an 3.000 square fee( aer 6wel;_ng urtt. hExcept not ese :hart the :egclreme^ti; of Section 19 .a (or ;ar:19 L•t t4r DJ!veicpmeet abutting the boandar r of :tie Devetopment Pla- No mutt(-ramlly or attached single-faml-1, s,r.cture a>•all b- to tateo :tearer to the overall Development Plan boundary than 50 feet or twice ttte bui.dtng aetght, whichever to greater r 'W!xc^e prtva4c drt,ea serve •t ;neu of street;, a5 with rondor•nn 6•smdevelopment. .arda 9-,a;:-_e measjrea from a iine 20 r__ .ro Me 2ezteriine ❑'' the 'rave ;-rf way /T 01-'/ G. D. Multi -family Dwelllnis. Multi-faally dwallinfs my be allowed only if the Board of Appeals determines that all of the follow- ing will be complied with: (1) One and a half off-street parking spaces shall be provided per dwelling unit, each space to be not lass than 200 sq. ft. gross arts excluding the portion of driveway to serve each such parking space. Such parking to be located not less than 25 feet from any street or lot line. (2) There will be minimal disruption of the ftmctlbn of aa- tablished neighborhood@, evidenced by not more then 3C single-family dwelling structures exlating at the time of application being within 500 feet of any proposed multi -family or attached single-family structure. (3) There will be safe access evidenced by adequate service from a major arterial street; Route 6, Route 6A, Route 26, Buck Island Road, Camp Street, Forest Road, Greet Western Road, Higgins Crowell Road, Highbank Road, ]Wain Street, Mayfair Road, North Dennis Road, !forth Main Street, Old Town House Road, Seeview Avenue, South Saa Avenue, South Shore drive, South Street, Station Avenue, Union Street, West Yarmouth Road, Whites Path and Winslow Grey Road, without use of minor streets extensively developed for single-family homes, and adequate access to the site for fire and service equipment. (4) rhere will be adequate utility service, evidenced by availability of public water supply, adequate dreineg and at the location of on -site sewage dispoal, having "slight' or 'moderate' soils limitations for on -site did posal of sewage effluent, based on the 1973 S.C.S. Soil Survey for the town of Yarmouth. (5} There will be avoidance of ecological disruption, svidtt:7ed by building location not leas than 250 feet from any pond aver 5 acres, river, ocean, swamp or marsh, and site de- sign minimizing topographic change or removal of existing trees and vegetation. :6) rhere will be preservation of neighborhood ameni'.f, :hrougri glare --free illumination of parking areas, site design to minimize visibility of parking areas and preservation of existing water views from public ways sad effective use of topegrapby, landscaping, and building placement to maintain, to the degree feasible, the character of the neighborhood. ,. `1No,m, -family structure shall contatn more :han ?i dwell ng ,nits ' Jt !d) An ems -gene• access -oad or lane ba-,h n Irnn: of arc; ❑chino mu!:t-fAmAy clw tlf ngs q" l be --nv dad io al.ox fire aaParaLus witmn i0 `wet of any par- o� a melt-fa-tt!•, A '.re!!tng ., ructure Th s .access sna . 5z ma nta ned In a oascanlc coodt:ion ,n a Seasons, unob5t-uc:ems. aid TFq s• �e caoat!t of supporuna weign;ng no IP=S titan fifteen tons, :eRardless of seasonal ground conditmn= Thom rp. mentmum centerline rad and width of :hese emerge; c_ aczeas. !ants shall be aS aer red r. the i'Owr of '; a-tn,gth Subdivtston Rules and Regina ore tar effective Tamar} I ! 1741 for '.ones i. Improvapents. ACce$e, dra_oage, utilities, and ,;rsdtng Thal; most functional starderds equivalent to those eatabliahed in the Planning Board's adopted Subdivision Regulations. Prior to issuance of bulldtnd permits within an Open Space Village Development, the Planning Abard shall certify to the Building tnapector that a detailed sits plan has been su'xaitted tc them and setts those ■tandarda, and Before occupancy perC ra for W structure are issued, the Planning Board shall oer:ify to the Building Inspector that improvementa to meet such atandarda have either bean completed to aerie such structure, o_- security for their cn,Tnli. w, . - -4v-a 16. T. Open Space. All land not designated for roags, dwellings, or other devoloprant within the Open Space Village DarelopeFent shall be held for melon use of the residents of the Develop - sent. Common open space shall be preserved for recreation or conservations and shall comprise not loos than 30 percent of the MA Unable Land Areas within the Development Plan. Owner- ship of ompow open space areas shall be arranged and aainten- onee pormensntly assured through an incorporated home owner's association, condominium deeds, or other recorded land agree- ment through which each let owner in the development is auto- astioally a member end each lot is subject to a charge for a share of the maintenance expenses, or through co arable ar- rangement satisfactory to the Board of Appeals. P-aservaticn Shell be guaranteed through dedication, by covenant or com- parable legal instruments to the community use end enjoyrmant of residents of the development tract, for recreational pur- poses serving these residents and their non-paying guests only, or for-oenservation. In addition, the town shall be granted an **moment aver such land sufficient to ensure its perpetual maintenamcs as conservation or recreation land. Building coverage shall not *=*ad 5 percent in such conservation or recreation areas. G. Long -tore Compliance. Bubaequent to approval of such Open Space Village Development, no land therein shall be sold and no lot line or structure altered from that shown on the Over- all Development Plan so as to increase the extent of non- conformity with the Standard dimensional regulations 01 this By-law (See Section 18.09 (V1). Prior to sale of any lot within an Open Space Village Development, or issuance of a building permit for eonatruction therein, such lots shall be shown on a plan recorded in the Registry or Deeds or registered with the land Court, which plan shall make reference to the recorded land agreements referred to in Section F. Unless the Board of Appeals has specifically approved staged devpl-rp- sent, such plan shall show all lots to be included in the De- velopmant.e Section 18.08 NON -CONFORMING USES. 1. Continuation of Non-ConformiAg Uses. Any lawful building or use o a building or premises or part thereof at the tlse this by-law of any amendment thereto is adopted may be continued although auc3, building or use does not conform to the provision thereof, pro- vided such use has not been discontinued for a period of three years. 2. Chas a of BSctension of Non-Corformin Usea. ;ire 3oard of Appeals may perpl any non -co orm ng use o e thanged to any specified use not substantially different in character or sort detrimental or objectionable to a neighborhood. Section 18.09 AREA RBODUTIONS. 1, Rear Yards, 4. Reeld6ntiei Districts. No dwelling Ln any distr:c't shall cA built within 20 feet of the rear lot line, except on corner lots, wblch shall be ccnsidered as having no roar lot line. B. Accessory 811.14ings Accessary buildings shell not be built within six feet of the rear lot line or within 12 feet of any other building, except in the Business or industrial Districts where there in a party wall. C. highway Commercial District. See Section 18.O4-4C of this BY -Law. D. Induatrial Districts. Sea Section 18.05-6C of this By -Lew. 2, Side.Yarda. A. Residential Districts. In a realdential dtstrict no building or any part thereof shall be built wltbin 15 feet of a side lot Line or within 21 feet of any buildirxig on an ad.latent lot. l� B. Btaalness Districts. In a business district no building $hall be built within six feet of any lot line Mess there is ■ fireproof wall or s fireproof party wall which stall extend not lose than 16 inches above the roof. 9014 wall say be built on the lot line providing that the building is not to be used for human habitation. C. Highway Commercial District. See Section 18,04-42 of this By - Law. D. Industrial Districts. See Section 18.05-6B of thla By -Lew. Front Yards. 17-IFe-3-i-Tantial Districts. In a residential district no building ahall be built and no roadside stand or accessory use shall be placed within 30 feet of the street line, provided that no building need be set back more than 3o percent of the depth of the lot nor more than the average of the ■etbacka of the buildinga on the lots next thereto on either side, a vacant lot or a lot occupied by a building set back more than 30 feet losing counted as though occupied by a building set back 30 feet. B. Business Districts. in a business district no buildsag shall be built $sad no roadside stand shall be placed within 20 feet of the street line, except in the business district adjoining and Southerly of Route 6 along Station Avenue, no building shall be built and no roadside stand shall be placed within 75 feet of the street line and no parking lot shall be built within 25 feet of the street line, provided that no building ahall be placed nearer the street line than the average align- ment of the setoack3 of the buildings on the two lots next thereto on either side, existing at the time of the passage Of this by -low, a vacant lot or s lot occupied by a building set back more than 20 feet being counted as though occupied by a building set back Z0 feet. C. Highway Commercial District. See Section 18.04-4A of th:s 9y-Law D. Industrial Districts. See Section. 18.05-6A of this Sy-lz w- 4 i.o' a'ze. A Residential Dtatr:cta. L a ll 1 \L•ntmunn lot area a RD-1 - 25 000 square feet. c. RD-2 20 1300 square fret. RD-3 and 4 1S,000 equal..-e feet. ,2 1 %ttntmur^ f-ontaga meaevred along a sires: a Rr,atage rnav n? reduced to .� a wit m' at ;f St wee: if :he lot iv a: Feae; :7a ` V t feet w,de at the proposed bus d'ng ertbaca'. ale, a•a'ch shall be ahown on the plan. An'r10L 4h11! be :apabie of car.M171 ng a square or 140 feet b. Rf]-2: 153 f,•et: frontage may be reduced 'o e ,ntnimum or 50 feet Lf the sot Is at leas: 150 eat wide a� the proposed Sui.dirg aetb&CK '.-M. wh-cn she" ze enown on toe plan. Any lo: ehaLi ne :apable of coatalsing a square cf 13+1 fret. c. RD-3 and 4, ' 25 feet: frontage .ay ne re- duced ,a a m'-14n:.xM of lb feet U the lot :a at lsast 125 reet wtde at the proposed htalldtap aet5sck line, whfah Shall be enown on the p,an Any lot anal, oe :open,$ of :orutnlag a equare of 100 feet. H. tiininus Lot Size IA ►ll Districts. ■o dws shall be arsoted t t in a+tv district on ■ let aantsialag loom them e4OO 5VA%VM. feet or haiuUmum treatag@ d 1S fiss1 emesea a aftsemga i�nvn is F ,f _ I r �'' e a C. Corner Late. On esv subdivisioae of land the career lots there- on shall contain a minimum area of 100000 square feet with a minlsaw of 100 foot frontage on each street. - D. Teo -family Dwellings. No tvc-really dwelllog shall be erected in any district on a lot containing less than sae and one half times the required square footage for said district or less them 125 feet width for a depth of 90 feet Ervd the street line. Z. Dssinses Districts 1. Minimum lot area - 10, 000 square feet. 2. Minimum frontage measured slang a street stall be 100 feet. This may he reduced to 80 feet it the lot is at least t00 feet aide 10 feet back from the street line. F. Highway Cossercial District. Sae Sections 18.04-3A, H and C of this By -Law. G. Industrial Districts. See Section 18.05-5A, 9 and C of th,: By-Lay. 5, Appatrtanant O�ea des. 0 7aror -o ar meat• required for a building by this by-law shall, during the life of such building, be occupied by or cou,!t:d as open spaoe for another building. 6. Pro ecti ns. p ng arsin shell prevant the projection of cornices, wind,w sills, belt courses and other ornamental features into any re- quired yard, not exceeding 18 inches, except that stepa In front yards say be peraitted, 7 _li__�l__l__i_�nnan�. meson shall fill any area in the Torre of Yarumth with eerth, concrete or other material to a depth in excess of five feet with out a permit from the Board of Selectmen. Said Hoard say require an applicant for such permit to furnish such plans or specifica- tions as the Hosed may does neessasry " any permit issued here- under my contain such provisions, cooditions or llaltatiocs as the Board may deem proper. Any person aggrieved by any action of the Board of Selectmen hereunder shall have the right to appeal to the Zoning Hoard of Appeale under the applicable provisions of the Zoning Laws. S. Boildina HelYht. The height of any bulLdl" erected in any du- trlct shall exceed nettner 35 fee! or 2 112 uor.es. The height of any building shall he measured from the highest point of any roof ' or parapet to the average flnlahed grade on the street ■ide a( the I structure, provided that at no point shall the height of the exterior f face of a buLLdtng In relation to finished grade exceed the permited height by more than ten feet. Height limitations shal_ not apply to chimneys, aptrea, cupolas, TV antennas and other parts of build- ings not intettded for human occupancy. 9. t era e. A. Heslder.tls, Distrlcte - Mextmu-r ae:;dkng ^ove•age shall be 254 of lot ores. Q9�• i 9. Buatnesm Dkstrtcte Maximum bjtidtng ce.'e; age shalt be 501E of Jot area. Station 18.10 ADKM5T8ATI0m. 1. o o t. This by-law shall be saforosd by the Selactmsn until such time there is a building impactor and thereafter by with I� imsptator. t 2. Board 4f__Aooisle. There shall be a Board of Appeals appointed by t a •c n composed of five members and such number of associate slumbers as the Selectman shall determine, on provided in Q. L. (Ter. Id.) Ch. 4OA See. 14. which shall act on all ,attars within Its Jurisdiction under this By -Law in the mumor prescribed by 0. L. (Ter. NO Ch. 4OA. 3• S1 Vhonever a variance, ■ special permit or approval of the Board of Appeals is given for a business, industrial or co®ercisl use, than the sign restrictions applicable to business districts &hail apply to such variances, special permits or approvals. 4. ecl P ts. Special Permits, Board of Appeals Approval or ac a ap ons shall not be granted unless the applicant dew onstratea that no undue nuisance, hazard or congestion will be created and that there will be so substantial harm to the astob- lishad or future character of the neighborhood or Town. 5. Permits. lio building shall be erected, placed or changd as to e-uae thereof, without a permit therefor Issued by the Building Inspector. The Building Inspector may require,if the Building Inspector deems necessary, plans and specifications to be filed with the application for permit, such permit and application tbers- for to be in such form a■ the Building Inspector prescribes. Any person aggrieved by the refusal of the Buildij�& Inspector to issue a permit under the provisions of this By -Saw may appeal to the Board of Appeals by filing with the Building Inspector and the Board of Appeals a notice of appeal in accordance with G. L. (Ter. Ed.) Ch. 4OA Sec. 13. Applications for paraita from the Board of Appeals required by this By -Law shall be filed in the eama asnaar. Any building permit used hereunder shall be void if not used within 90 days from dote of Issue. "No land or buildings shell be initially occupied or changed from one category of use under Sections 18.02, 18,03, 18.D4, or 18-05 to another without an occupancy or use permit having been issued by the Building In- spector which shall be issued only if all requirements of this and other town bylaws are complied with." 6- Site Plan Review. Applications for the foLlowing sltal'. be sub- - x ject to site plan review Open Space Village Developments Mobi'e Home Parks Mote:s and Guest Hoses All other non-residential uses requiring ten or more 1a parting spaces. A. Plans subject to site plan review !hall show the location and dimensions of the lot, the exact location and size of any existing or proposed buiLdinga, streets and ways adjacent to tee lot, exiettng and proposed topography, dzives. park- ing, lantdscaoirg, park or recreation arras, use or structures and Sand. acreerimg, water, ssnitary sewerage, and storm drainage: and separate plans shall also show ground floor plans and architectural elevations of all proposed buildings and &igns, to be prepared (except to the case of one and two- family dwelliagsl by a registered architect or engineer if such buildings contain 35.000 cubic feet of space or more. B Forthwith upon their receipt, a copy of :he above plans ,hall be forwards1 by the Beard of Appeals or the Builaiag Inspector to the Town Engineering Department for his re - vier and report No building permit &hall he tssjed ana no speciaL permit, if any, shall he acted upon wtthou! site plan by the Town EnCreer ing Department -tnlegs 7.5 days lapse from the date of referral without recesot a no- tice of the Town Engineering Depar:rnent's actlon. V, t' , The 'Town S:ngineertng Department shall appowwwa .,ite pion the following. (1) Internal circulation and egress sr- Ruch that traffic ssfeiv is protected, and access via minor Btrerls servicing single-family homes is minimized. 12) Reasonable use is made of building toralioc, grad tng and vegewton to reduce vistmlity of parking ara+is from public vays (3) Adequate access to each structure for fire and and service equipment is provided. 14) Utilities 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 protectior, prnv.sinns meeting Fire Department Regulations are provided (5) Lighting of parking areas avoids glare on adjoinia2 properties. (5) Major topographic changes or remova'. Sr misting trees are avoided 37) in or abuting Residenre Districts effective use is made of topography, laridscaptng and building plare- ment to maintain to the degree feasible the c'iarac:e- of the neighborhood (gl All other requirements of the zoning zylav: art, satisfied 7, issuance aE Occp2ancy Permits Where more than one onncipai, atr-jrture is erected on a lot, no occupancy permit for ful! or partiat occupancy or the site shall be issued until parting access, drainage and uti3aiea serving the atrscare to oe utbu led ha.•e been rnmpleted to the satisfaction of the Town Engineer�j r on or their comple- tion has been posted. a Professional lnspttclion Construction on prnleet� under a s ne'r building permit involving a Cher one or more s.rj'-ures loihrr one -or tw-: fami.y dwellings; ea.I _onlain.'ne 3a 3f rub .e. o. volume or more. or involving ifs yr 'Wore dwel.tng i 'F irr^spec ;eve of type, shall he done w-th ,^,e irsoect on of a -e£ itered pr:, Excitors! eng:neer or archt'o -a n,d enginee- or arrhitrct that- per-od caLv a: -eques e1 ' •, the iiu Inspector, attend that all wwrk ne ng done under hoc super•:is ,in - being done in scrordanc• m in he pill_ a9 iDrroveu '-r a Su .d-n, per-n.k in ac cordasc r, with am Board '' Aopea a it au'at o15 and to accordance with all appl able low' and sta'e •odes and reajia, Any d:screparcv a- Sevist on frnr^ he anpr dyed s r p an Ana. reported forthw.th by such engineer or ar-n.tect 'o "le i3ui(d hM Spector if s.:cn dts_repancy .s constgte'it w,:Y, reo nrernents al: applicable by-'.awy ■nd perm -'is and not r -onfi ^t wi'h the •'� and wedare of the p%iblic, writ may prx-ed are .he Bu.:� rig Inspector may require revtaed pans prior 'o iaeia-ce of an occdra-r. permit If not ^onul,stenl, the S arrepa 4 aha,; be-orrecte`l before w:+roc pro.e-'s . YAK-INIOU'.'H ZONING BY-LAW (Amendments -hrougn April 1975 annual Town Nteevng? Section No. Tale Page t S. 01 Bstab'l,ishment of Districts i s 02 Reaid_n ial Districts and 11 33 Business !' 18. 04 High%vay COM ^_e rC La i I3.'75 i.^-Giu.srrlal t3.05A G,:'eCands Conservancy G+st"nt : 18. 05 it:o4? .� i8. Ji Oa2:. Qcce it -age 8. } Area R gu at.on� 2i l J. 10 A ci T^'..-i l s i r a:,, oii -. . i 2-` One S ZONING BY-LAW A by-law to promote the health, safety, convenience, morals and wel- fare of the inhabitants by dividing the Town into districts and regulating the use and construction of buildings and premises therein. Section 18.01 ESTABLISKTWT OF DISTRICTS. 1. Classes of Districts. The Town of Yarmouth is herewith divided into the followIng Glasses ol districts: Residential: RD-1, RD-2, RD-3, and RD-4 Business Highway Commercial Industrial These districts are defined and bounded as shown on the map filed with The Town Clerk and entitled "Zoning Map, Town of Yarmouth, December 26, -1972," as most recently amended. This map and all explanatory matter there- on is hereby made part of this by-law. Notwithstanding the aforesaid zoning map, the Residential Districts sbutting the Highway Commercial District and Business Districts numbered Sections 13 through 20 and 22 on said map begin at the rear boundary lot line of said Highway Commercial or Business District. There shall also be a Wetlands Conservancy Dis.rict as an overlay to the above districts, with location and boundaries as shown on a map entitled "Man of Conservancy Districts -n the Town of Yarmouth, Massachusetts", dated January 15, 1973, filed with the Town Clerk, and hereby made a part of this By - Law. Detailed Soil Survey Field Sheets, on file with the Town Clerk, shall be used if necessary to determine boundaries with respect to any given parcel. 2. Rear Boundary Line in Business Districts. In a business distract the rear aoun ary line shall e the exisElng rear boundary lay line as of March 15, 1946, not to exceed however, 1200 feet in dapth. The rear boundary lot line for purposes of district def;rait:cn is da- fined as that boundary line of a lot shown on a plan of land recorded with the Barnstable County Registry of Deeds or Land Registration Off,_ce or described by deed, which is opposite the street line of Roue-2 28. 3. Lots in Iwo Districts. 'Where a district boundary line divides a lot in a single or joint ownership at the time such line is adopted, the regulations for the less restricted portion of such lot shall extend not more than thirty -feet into The more districted portion, prop•'ded the lot has frontage on a street in the less restricted district. Sec`lon 18.02 RESIDEITIAL DISTRICT AND USES. ir. a residential dlstr_ct no building or premises shall oe erected, altered or used fnr any purpose except: One or two-family dwell ng• a dwe11in3 is defln?d 'a a build Ing designed for residential purposes and not a trazle, whethe.- mobile or immobile and however said trailer might be affixed tc, the land. 2. The taking of boarders or leasing of rooms by a family resident_ .n the dwelling. 3. C'hu_r c h , L. Educational use. 5. Farm ,ar garden. a 6. the handling of fish on the same premises where brought 18 02 Resident -,a, Disrr•tct and Uiie.,. LorttnUed 7. Yacht clubs not cmducted for profit and in existence in the Town of Yarmouth prior to January 1, 1964. B. Accessory use on the some lot or contiguous lots held under the same ownership with and customarily incident to any of the above permitted uses and not detrimental to a residential neighborhood. 9. The term "accessory use" in this section shall include the parking ,��7purr or storing of an owner's camping and recreational equipment on private residential property subject to the following conditions: f1,0171 A. At no time shall such parked or stored camping and recrea- tional equipment be occupied or used for living, sleeping or housekeeping purposes. B. If the camping and recreational equipment is parked or stored outside of a garage, it shall be parked or stored to the rear of the front building line of the lot, except for loading and unloadi C. V the purpose of this -law, camping and recreational equip- ment shall include the fa lowing: (1) Travel trailer - a vehicular, portable structure built on a chassis designed to be used as a temporary dwell- ing for travel, recreational and vacation uses, per- manently identified "travel trailer" by the manufac- turer of the trailer, and having a body width not ex- ceeding eight feet and a body length not exceeding thirty-two feet. (2) pick-up coach - a structure designed primarily to be mounted on a pick --up truck chassis and with sufficient equipment to render it suitable for uses as a temporary dwelling for travel, recreational and vacetlion use. (3) Camping trailer - a canvas, folding atructu^p mounted on wheels and designed for travel, recreation and va- cation use. 1 (4) Motor home - a portable, temporary dwelling to be used for travel, recreation and vacation, constructed as an integral part of a self --propelled vehicle, having a body width not exceeding eight feet and a body length no -- exceeding thirty-two feet. (3) Boat - any Inboard or outboard open water craft, open or cabin type. 10. The term "accessory use" in this sect .on Shall not include: k. Garage space for or storage of more tEan t auromz:biles, un- less authorized by the 5electme;.. B. Mobile homes. For the purpose of this 3y-Law, a mobile home shall be defined as any vehicle or object designed for move- ment on whaels and having no motive power of its own, tut which is drawn by or used in connection with a motor vehicle, and which is so designed and constructed, or reconstructed ,. or added to by means of such accessories, as to permit the use and occupancy thereof for human habitation, whether rest- ing on wheels, jacks or other foundation, and shall include the type of construction commonly known as mobile some, hav- ing a body width exceeding eight feet and a body length ex- ceeding thirty-two feet. 18.02 - Residentia' l-,fst,-ct and Uses. Continued 11. Any A. B. C. D. E. F. 12 13. No mobile 3rruc..--.re shall he occupied =or cornrnerciai, :�r�ustri�:, ot- ROB-^a5LC7F?7_'al 32 _xc-?D. as a ZerrLDOr'ary a~f cor.s ruction rnater...s or egiip-nevi S_or=agF for 'he pre.-ri-:.z- 0'. .. . it is located upon=ssuance o: a permit by me Buildiag i:Lspector. G. H. I. J. K, L. M. of the following uses, on approval of the Board Aviation field. Cemetery. Greenhouse or nursery. 0 ~ of Appeals: Hospital, sanitarium, institution or philanthropic use. Municipal use. Hotel, club, or boys' or girls' camps or a guest house taking five or more people or motel. Tea-room in a building existing at the time this by-law takes effect, provided the building is not enlarged or substantially altered in appearance, and no signs exceeding a total area of four square feet are displayed. Telephone exchange, not including a service station or outside storage of supplies. Boat building and storage. Municipal recreational use. Gravel or sand pit. Private club not conducted for profit. Professional uses that are in conjunction with residence use:, providing that it will not substantially change the use of tne dwelling as a residence. �Si ss. ANo sign shall be of the neon type or gas iiluminated tube type. B. One sign may be allowed pertaining to the lease, sale or use of a lot or building on -,which placed and not exceeding a total area of six square feet, in a resident -Jai district, signs may be allowed on a lot occupied by a dwelling, but there shall not be allowed more than One sign of s:.x square feet pertaining to the use thereof or bearing the name or occupation of Way occu- pant or occu'oaatA_._ _.__ A real estate developetent in a residential area will be per- mitted the same sign sizes as allowed in a business area as long signsamusttbeeremovedng and withinselling 30daystaftering supl ace. ClaaA. 1� 1 �•l Seoti= 18.03 BUSINMS DISTRICT AND USES In a business district no building or premises shall be erected, altered or used for any purpose injurious, noxious or offensive to a neighborhood by reason of the emission of odor, fumes, dust, smoke, vibration, yr noise or other cause or for any purpose except: 1. Any use permitted in a residential d_stricc. 2. Filling station, garage, or stable on approve:. of the Selectmen. 3. Municipal use. 4. Office or bank. 5. Retail business, service or public utility not involving manufacture on the promises except of products the major portion of which are to be sold at retail by the manufacturer to the consumer, and provided further that not ire than four operatives shall be employed in such manufacture, 18 03 BJSLness ❑Lstrtti t aid -1 yes !'onttneed 6. Hotel; eUO boys' or girlsO camps, a guest house taking five or core people, or mote . 7. Private club not conducted for profit. 8Si is. Signs shall be permitted in a business district in accord- ince with the following provisions; A. Signs herein shall mean all advertising devices or insignia whether lettered or not, designed to promote a business, the sale of a product or of a service. B. The area of a sign or other advertising device shall be deter- mined by the multiplication of the extreme width and the ex- treme height, including borders and without deductions for open space or other irregularities. C. Supporting posts, pillars or arms of other than accepted sizes or design shall require the approval of the Building inspector. All signs on the premises shall be kept in good condition, properly painted and presenting a good appearance in keeping with the area where located. A. Illuminated signs shall not have any glare distracting to drivers nor shall there be any exposed neon or gas -tube filled signs or illumination in colors that will conflict with the ability to readily see traffic lights or cause any hazardous condition therefrom. 'S, There shall be but one double faced sign not over 12 square feet within 15 feet of the highway boundary. if said sign is located between 15 and 18 feet from the read boundary it may be 15 square feet in area, and, if located more than 18 feet from the road boundary, it may contain not over 21 square feet in area with the upper and lower edges to be determined by the contour of the ground and with the approval of the Building inspector. F. Major attractions and unusual establishments shall be givCr_ consideration as to sign: design and sizes with the joint con- sideration of the owner and/or architect inveived, the Selectmen and Building Inspector. The plans for all bsaildings to include location and sizes of all signs and to be considered before the permit is issued. G. Single faced signs parallel to the highway and nut in cants-_; U with a building will be allowed 33 1/3% over the previous limits, the height and location of all signa shall be apprvvad by the Building Inspector. H. Signs on buildings may be of the same size ea permitted sing e faced signs, but with the exception of cut-out letters, they may not be pained or posted on the surface of any nuLlding without an intermediary removable surface. I, Signs on buildings may be of a size in proportion to the size of the buildings so that they will be in keeping wit: said building from an architectural standpoint with nc definite size restrictions, but to be approved by the 3a-ldlLng=nspec.cr and subject to review of the Appeal Board. Cut-out letters must be kept within sizes propor-i:onai 1:o .he area on which used. K. No signs advertising "off the premises" products, services, entertainment or anything detracting from the appeara_nca of the .neighborhood shall be. painted or affixed to a -o--k or tree. 18.03 Susiness Disrrtc` -end '"�C 8, "�rx Cun!'nu'_d L. Uatiocal Emblems: There shall be no more than two so -culled ''National'' emblems of not more than a total of 1,000 square inches and not more than 600 square inches for any one uch emblem. M. There shall be no more than one "Accessory" sign and this shall not exceed three square feet in area. N. No sign or other advertising device shall be permitted within the Town limits, that, in the opinion of the Selectmen and/or the Building Inspector having regard for the health and safety of the public, the danger of fire or in consideration of the general atmosphere of the area would be considered detracting or a hazard. 0. Signs on Town Ways erected as a public convenience will be limited to so-called "Community'' displays and shall require a permit to be issued by the Building Inspector. These will be limited to a standard size and lettering, and Sill becard of main- tained by a person. or persons designated by v Se- lectmen.he P. Gasoline stations and garages will be aliowed the standard permanent oil company sign in addition to name sign, plus the customary lubrication, washing and service signs displayed in the positions to which they apply and one n-frame or easel type sign, and so --called special signS will be permitted on sides or heads of gasoline pumps only. 1:Omotlonai signs and material, with the exceptionof banners and whirligigs, y supplied by gasoline or Lire companies to promote a new prod- uct or sales, may be displayed for a period of thirty days upon notice to the Building Inspector. • The following uses, but only upon approval of the Board of Appeals by way of a Special Permit: A, place of amusemennt or assembly. t:�a ud�ii-r:t of B. Tra'_ier Park, so-called, and hen only wne . gna .he Board of H'JDeaiS Such 9rm-t 'nil- t`,=:�d -0 iL7Prov� status o the neighborhood, and the non t .^o of 3t1 '1 p? - mit would impose hardship upon the owner of the land. 10 No niabi e sErn'V.ire SOL be occjlpierl .o'• c0,nrnercial, ::io! 3:rl�l, Or orha- ^esidu': nal u- excePl as '.eCi!parary corinriCiion o:fke o" .O: i�_rny Cra J i9�cri3!s or :o: whichh+ o :.7 oC.ai and .pan iewwnce of a per l:' k Q the' �4:i.3ing '.nspe.nzo^. -- --. - . .1 _ 19Z1 47H0d Secti^n 18.04 HTG�AfA`' cNOGECIAL DISTRICT M WS K-holn 1. The Land abutting the State Highway Route 25) from vhe n7an is - Yarmouth line T';,O Bass River shall be designated as g,way :'.r,mmtal" to the existing rear boundary lot line as V june 20, ; ' not 1 ce a�: p.. ' ,7r r?c :'1-dep-h, and said "ear _" � line --,hall :io,. .._ , ea ) however, of df UMM the acgsie'*:o_, ofTadd-tic^al Prapartv.--> the rear boundary lot 41rx for }�a' na 5010two is daAned a s that *rardarY Liao d a W mown an a d }and recorded with a e Urnatabie County AeV" of or Lnd Redtairatlnn Office or dwribed by deed whkh to oppaw ie the a tare t Jima of Rnut a 79 c p' `y La.:, existing and future uses of __snrd, �u l:j age ar-. o-::er�= rartures shall be a_locatad &&Ong the following. =t is the intent that every possible use be included, and a use that ones not 13. 04 HLghway Comrr.erctai Dtstri: t and Cases Continued F. readily fall into any category shall be included in the one to which it is - most similar: A. Allowed uses: (1) Retail stores for thesale of merchandise where the bulk of display and sales are conducted within a building. (2) Tanks, business offices, professional office; and per- sonal service establishments, including but not limited to, barber or beauty shops, photographer's studios, laundries, dry cleaning or tailoring shops, shoe repair shops, self-service dry cleaners or laundries. (3) Government, civic, religous, education or public service uses. (4) Gasoline filling stations containing not more than three (3) bays for repair, service and/or maintenance of ve- hicles. 17} Hotels and motels, which snali meet ;he r egul8t.i•sns set forth in Section 18.06 of this By -Law, except as specifi- cally set forth in Paragraphs 3 and t- of this Section. (6) Business establishments allowed under this Section, either separately or commonly owned, grouped in a shopping center, providing the building containing Sa.d establishments meets all requirements of this By -Law. (7) Restaurants and othor eating places for serving food or beverages to persans inside or outside the building. (6) undertaking and funeral establishments. (g) One family dwellings. (10) Combined business -residences. (11) Accessory uses customarily incidental to a permitted main use, providing such accessory use is not detrimental or dangerous. (12) Then there is a possibility that the surrounding neighbor- hood may be affected by reason of possible dust, odor, noise, vibration or threat of danger by any of the afore- said uses, the Board of Appeals shall :told a public hear- ing prior to said use, and if the Public Health and safety would not be adversely affected by said use, the Board of Appeals shall grant a special peinit for the same. B. Prohibited uses: (1) Manufacturing establishment, including a.s5embly, fabrica- tion, processing and reprocessing of materials. (2) Warehouses, storage or wholesaling establishments. (3) Heavy motorized equipment repair or dismantling and/or storage of nos--op$rative motor vehicles or materials or equipment held for discard. 18 ,,s HLghwa,y Con me_'cl.a. Dis't:-Lct and Uses • J;. p_QhLj).t�d uses.Coiitt;iued (4) Truck termimis , truck freight yards or freight terminals. (5) Open or outside storage of new or used materials or build- ing equipment, including bulk materials, other than that included as a permitted use in accessory outside storage. (6) Sale, rental or storage of mobile homes, trucks, trailers, tractors, bulldozers or similar heavy equipment. (7) Private or commercial airfield. (8) Billboards. C. Uses Upon Approval of the Board of Appeals: (1) Outdoor recreation or amusement, (2) Open Space Village. (3) Hospital or Nursing Home. (4) Public Utility. (5) Water supply use. (6) Repair shop for household appliances, radio and television sets or office equipment. (7) Farm, or fish stand. (8) Veterinary establishment or place for boarding animals. (9) Automatic car wash. (iO) :fall, club, theater, place of public assembly, bowling alley, dance hall or other indoor commercial amusement or assembly use, or public transportation depot. (11) Any use which cannot be included in or is dissimilar from the approved use and not prohibited in Paragraph B .above. 3. Dimensional Re a A. Minimum Frontage on Route 4E. 125 feet, for a depth of 100 feet. B. Minims Square Footage. 12,500 Square Feet. C. A lot or parcel of land having an area or a frontage of lesser, amounts than required as aforesaid may be considered as coming within the area and frontage requirements of this section, pro- vided such lot or parcel of land was shown on a plan or des- cribed in a daed duly recorded with tie Barnstable County Reg- istry of Deeds or Land Registration Office at the time of the adoption of this By -Law axed did not at the time of such adop- tion adjoin other land of the some owner available for use in 18.04 Highway Corer-Ler::a! I-,L�:rici - .3C Mrnensior:a' ContLnued n. connection with veeb lot or parcel. If there is a con"guoua open lot (or lots) under the same ownership bounded in a deed or shown on a plan duly recorded with the Barnstable County Registry of Deeds or Lased Registration Office prior to the adoption of this Fay -Lew, and not to be used for residential purposes, the Board of Appeals (after due notice and public hearing) shall require that such lots be merged, so as to pro- vide the maximum possible area up to 8,500 square feet per new lot thus created; except that if the total combined area of such contiguous open lots under one ownership is not more than 8,500 square feet, the Board of Appeals may permit the creation of, and issuance of building permits for, a total number of lots less than eighty- 8,500 square feet equal to the number of eighty- 8,500 square foot lots, plus one , that could be laid out within the entire tract under one ownership. As used in this section, the word"contiguous" shall be interpreted to mean having a common boundary equal in length to at least ona- half the total length of the longer boundary ad,oining. 4. Building Placement and Re uireme 77 n mum front yar —setback - 30 feet B. Minimums, side yard setbacks: Corner lots - 30 feet 2 All other lots - 25 feet C. Minimum rear yard setback - ;n ?pot 17. Maxim,im n iddin,? coverage - 50cfc of lot array 05. Any yard, space or area required to be kept open and un- '�� built upon or, any lot may nevertheleHs be .used for off- street automobile parking in accordrace with the re- quirements of Section 18.11.0 6 Signs allowed in this district qre the same as �,hosF allowed 'n a business district. tio. 7) a1'rs51 .:nn7ner is .Lea "L= non-res-,den.i3 as a-'nD0.-ary Y:;U= �.. ctrV or, e'ju.DrT,e ll '�-` -��= -„r L: :s i.o ated `boo.? .s=uarce o.' a Derrlli` h;y 'nC Bu:!-ding Section 18.05 1MWSTR L DISTRICT AND USES. ; 4 1. In addition to the other Industrial Zones shows; on the Zoning Map, " Town of Yarmo-,th, De---.qmber 26, 1972, the following shall be designated as "Industrial": the land bounded on the North by Route o;on the West oy Willow Street; on the South by the ape & Vineyard Hyannis -Harwich Electric Trans- mission Line; on the East by a line parallel to and 200 feet westerly from, the westerly sideline of West Yarmouth Road;on the Sout^ by a line formed by the westerly extenaion of the southerly sideline of Old Town rouse Road, and by Old Town :House Road, and by the Cape Vineyard Hyannis--riarwich Electric Transmission L_ne; on the las': by 'he Town of Yarmouth Welif_ield; on the South by the :'own of Yarmouth Wellfield; or. the East by the westerly line of land shore;: on Land Court Elan 30101A; on the South by the northerly sideline of land shown on said Land Court Plan 30101A; on the Eas-- by the westerly sideline of Norte: Main Street; excluding the Businasa Zone shown as Area 25 and the Residential Zone shown as Area 25 on said December 26, 1972 zoning ma]. L 8. 05 industr ie? u,.d ConUiueo N1 2. For the purposes of this By -Law, existing and future uses of lend, buildings and other structures shall be allocated among the following. A. Allowed uses: (1) Warehouse or other enclosed building for the storage, distribution, or wholesale marketing of materials, mer- chandise, products or equipment, provided that such use is not hazardous by reason of potential fire, explosion, or radiation, nor injurious or detrimental to the neigh- borhood by reason of dust,odor, fumes, was -tea, noise, vibration or other noxious or objectionable features. (2) Lumber yard, fuel storage plant, truck terminal, train terminal, contractor's yard, used car lot or other open- air establishments for the storage, distribution or sale at wholesale or retail, of materials (but not including salvage materials) merchandise, products or equipment provided that all operations shall be such as to confine to the premises disturbing dust, noise or other objec- tionable effects, and provided further that such. use is not hazardous by reason of potential .fire, explosion, radiation. (3) Research or testing laboratory, Printing .ar publishing plant, bottling works, manufacturing establishment or other lawful assembling, packaging, finishing or process- ing use, provided that all operations shall be such as to confine disturbing smoke, fumes, dust and noise to the premises, and provided further that no operations shall constitute a hazar4 by reason of potential fire, explosion, or radiation. ' (4) Establishment for the repair cf Liator �tandcles, beats or landscaping imp1 mentn and gasoline filling statlens, pro- vided that the making of ell but minor repairs be conducted wholly within a building sufficiently sound -insulated to confine disturbing noise to the premises. (5'Shop of a household appliance, radio, television set, office equipment and bicycle repairman, printer, blacksmith, builder, carpenter, caterer, electrician, larmmewer service- men, mason, painter, plumber or roofer, or related trades- men, provided that all worm and storage shall be conducted within a building sufficiently sound-insulatad to conMne disturbing noise to the premises. (6) Auction gallery for exhibitions and sale. (7) Government, civic, rallgious, ed.icat-.on or public service use. (8) Al! related accessory uses c.{svoma:,_'y incidental to the above permitted uses. ( ) Retail stores only upon approval of the Board of Appeals sa a "Special Pert". :8.05 InCIU5trtaI Li trici - 2. Lives. C4o;1:uuz B. Prohibited uses: (1) Hotels and motels. (2) Apartments. (3) One or .two family dwellings. (4) Private or commercial airfield. (5) Billboards. (6) Junkyards and storage and/or sale of salvage materials. (7) Trailer parks. (8) Any use which is excessively obnoxious or injurious to the neighborhood or tO.:property In the vicinity. +C . Other Vae s : Any use not listed in either au-baection x or subsection B above shall be allowed to an Industvial Drst.ricr upon apllz•oval of a Special -Permit granted by the Board of Appeals.' C. - 3• Wherever an industrial district adjoins a residential district solar adoption of this paragraph, no building or par-c thereof designated or used for business or industrial purposes shall. be placed within 50 feet of the district boundary. 4. Wherever an industrial district ad,jowns a residential district and has its main frontage on One street, that street shall be used for the frontage and for all receiving and dellve~ing of goods. 5. w r =' A. The rninm^ 2m 'ot frontage* s!-.a.- ce .... .fee. Tn:s ma-,- be reduced to 80 feet U the lot 's a-. .east i_ 0 eat �� .,_ •" wt.`e 25 feet back from the street h-ie B. '.Minimum square footage - 15,000 squa-re feet. C. A lot or parcel of land having are area or a frontage of lesser ` e\ amounts than required as aforesaid may be considered as coming within the area and frontage requirements of this section, pro- vided such lot or parcel of land was ahown on a plan or des- cribed in a deed duly recorded with the Barnstable Court-ly Reg- istry of Deeds or Land Registration Office at the- 4= oy.auch .a py * Lac frogs. --age •Lere and elaewnera L� :,:is by -Ea%i means :nat Dort:on of a ,ot `ronc.ng apcn and navi:zg rights of ac- cess :o a way a^441G1I1� .egally auf`ictent frontage :or the , div.ston of land under the requiremer-ts of G. L. (Ter. Ed. 1 - C'h 41 Sec 81L To `.e meas'ired :a: tLaa0,sly a' -Drug a sinzle street l;ne. Section. 18. 05 Irdu3=ri.ii Diii-ict - 5C Dirm..c^siona_ Regulations v .i^red adoption of this By -I" and did nat at the time of such adop- tion adjoin other land of the same owner available for use in connection with such lot or parcel. If there is a contiguous open lot (or iota) under the same ownership bounded in a deed or shown on a plan duly recorded with the Barnstable County Registry of Deeds or Land Registration Office rior to the adoption of this Law, the Board of Appeals after duo notice and public hearing ~shall require that such lots be merged, so as to provide the maximum possible area up to 8,500 square feet per new lot thus created; except that if the total combined area of such contiguous open lots under one ownership is not more than 8,500 square Peet, the Board of Appeals may permit the creation, of, and issuance of building permits for, a total number of lots less than 6,500 square feet, equal to the number of 8,500 square foot lots, plus one, that could be laid out within the entire tract under one owner- ship. As used in this section, the word, "contiguous" shall be interpreted to mean having a common boundary equal in length to at least one-half the total length of the longer boundary ad- joining. 6. i t ! r��nI Rrai i i rw!� : A. Minimum front yard setbacks - 30 feet, except for lots abutting Old Town House Road, which said lots shall have a setback of 70 feet from said Old Town: :louse Road. B. Minimum side yard setbacks - 110 feet, except.; for corner lots, w1,i.ch shall have side yard setbacks of 30 feet. C. Minimum rear yard setback -- 20 feet. D. No building shall cover more than 35 percent of the gross land area of the lot on which it is located. C* '"7. Any yard~ space or area required to be kept open and unbuilt upon on any lot may uevertbeless be used for off- 1''� Al street automobile parking in accordance witn the require- ments of section 18.11." 8. SJ= allowed in t:,.is district are the same as :'nose allowed in a business district. Na. Ala. 9 ) /Q,No mobile structure shall be occupied for cow arcial, indus- trial, or other non-residential use except as a temporary construction office or for temporary construction materials or equipment storage -for the premi"s on which it is located upon issuance of a permit by the Buitldiag Inspector. t 2_ Section 18.O5A WM%AM COlSMANeY DISTRICT. 1. General. This section does not grant any property rights; it does not author zz a any person to trespass, infringe upon, or injure the prop- erty of another; it does not excuse any person of the necessity of comply- ing with other sections of this by-law or other applicable laws, regula- tions or by-laws. 2. Purpose. Conservancy districts are intended to preserve, protect, and main�fie ground water supply on which the inhabitants depend for water; to protect the purity of coastal and inland waters for the propa- gation of fish and shellfish and for recreational purposes; to provide for the continued functioning of the wetland as a natural system; to protect the public health and safety; to protect persona and property from the hazards of flood and tidal waters which may result from unsuitable devel- opment in swamps, ponds, bogs, or marshes along water courses or in areas subject to floods and extreme high tides; to preserve the amenities of the Town and to conserve natural conditions, wildlife and open space for the education and general welfare of the public. 3. Permitted Uses. Except as provided in Sections 4 and 5 below, buildings, s ructures and premises in Conservancy Districts may be used only for the following purposes: A. Fishing and shellfishing, including the raising and cultiva- tion of fish and shellfish. B. Forestry, grazing and farming, nurseries, truck gardening and harvesting of crops including but not limited to sucix crops as cranberries, marsh hay, sea weed, berries and shrub fruits and trees, and work incidental thereto. C. Conservation of soil, water, plants and wildlife. D. Outdoor activities including 5iking, swimming, boating, nature study, fishing, trapping and hunting. r. Drainage works which are part of local flood and mosquito control conducted by an author zed public agency. F. Uses accessory to residential or other primary uses, such as flower or vegetable gardens, lawns, pastures or forestry areas. 4. Uses Permitted by Exception. Upon issuance of a special permit by the Board of Appeals, and subject to such special conditions and safeguards as the Board of Appeals deems necessary to fulfill the purposes of Section; 2, the following uses and structures are perm-tted. Non-residential buildings 0" structures to be used only =n conjunct -on with f: sh_ng, she.;lfxshing, the growing, harvesting and storage .)f crops raised on the premises, and boathouses. (2 Dams, changes in water courses or ether drainage works only as part of an overall dra nage plan constructed or a•ttorwzed by a pubi .? . � agency except as Stated in 7E. aoove . 18 05A Wetlands Conservan..:y - 4A Uses PermiC:• d ,y Exc_2,ption. C'oron. 1 ! (3) The superficial clearing of areas of private beach and the filling or replenishment thereof in conformity with the provisions of Chapters 782 and 764, Acts of 1972 and Chapter 91 of the General Laws. (4) Fabricated walks or trails, docks and landings for pri- vate use. B. The Board of Appeals may grant the above stated special uses -(Y'I provided that: �I a 0) f•'n€,r rop-v4 w an apphoa,,Lon incl.aciing a detailed plan is sut,- mitte'd to Lhf- Roard 5atd plan -hall indicate location of proposeO and uxLStine structures, the dtstinct:on between the wu_la,iu and upiand, and oieva'ton_ of land conto-€;-s at _wo fo~L-Lerva.5, re- ferred o mear. sea lnv=_l dater. (2) C.OPIC-�, of the appl,carton nave been trar.smLtted o: the I'io ard, or' Appca'.-, ., t;,G P ar:-i; g hoard Boar: of Hr_-a,,,h. ^... : Lr Cor.- ,er:aODJ C'o7,1m.z=.rJn withi", ;E •en cav= Of :'IerLLt,,P' t' .'oar.. of Appc-a'.s and reportea _,pon ,all, three Boa; or - ys sha!l ha•.. elapsed ollov.•; suer:.-eier ral Attho_jt re .•Lpt of ;-.cp r epor ts. :approval by tre Board of Apaeais shall be -node con- _;nger,; upon, approval of on -sit- sewage disposal o. watt r ::;uppli s•ysulms nv the Yarmouth Board of Health or ..he %Jess arr..€�c:tS L- partment of Public Health, if having )urigdiction. (3) Any said non-residential building shall not exceed 1000 square feet in total ground coverage. (�) Any sa-d nor_ -residential building shall conform to the set back and side ,line requirements of t1ie underlying zoning district, and provided that any SLIch non --residential building or structure shal' be designed, placed and con- structed to offer a minimum obstruction_ to the flow of water. �. Locations Exempted bx Exception. if any land in the Conservancy strict is proven to the satisfaction of the Board of Appeals: A. After the question has beam referred to and reported on by the Planning _.oard, Board cf Health and the Conservation Commiss_on, or 30 days have elapsed since such referral, and, �. after Soil -urvey 'ata, pa-_-o=a-.,.on tests taken between and including the months of .February through May, and plan showing elevations of land contours at two foot intervals, referred to mean sea level datum have been submitted and certified by a Registered Professional Engineer and -or Land Surveyor, as being in fact not subject to flooding,or not 11neuitable because of drainage provisions of irtis section, and C. that the use of such _and well not interfere with whe pur- pose for which the Conservancy District has been es-ablishad, and 18. 0-5�Wetla:lds Con servaricy District - 5 Locattors i:�xernpted by iK-,cptton contin_ 14. D. will not be detrimental to the public safety and -or welfare, the Board of Appeals may, after a public hearing with re- quired notice, issue a special permit for any use, otherwise permitted at that location under the Zoning By -Law, in which case all other zoning provisions applicable to such land use shall apply. b. Board of Appeals Criteria, Wherever in this Section the Board of Appeals is authorized to issue a Special Permit for an exception, said Board shall assure to a degree consistent with a reasonable use of the lo- cation that said use: A. Does not produce unsuitable development in marshes, bogs, ponds, or along watercourses or in areas subject to flooding; B. Facilita*es the adequate protection and provision of a water supply; C. Protects and preserves the inland marshes, bogs, ponds and water courses and their adjoining wetlands in order to safe- guard the purity of inland and coastal waters for the propa- gation and protection of aquatic life and for recreational purposes. 7. Prohibited Uses. Except as provided in Section 3, 4 and 5 of this protective by-law, within the Wetland Conservancy District, A. No person shall fill, place or dump any soil., loam, peat, sand, gravel, rock or other mineral substance, refuse, trash, rubbish, or debris, B. No person shall drain or excavate or dredge lard or wetlands or remove therefrom loam, peat, sand, gravel, or other mineral substances. C. No person shall perform any act or use any land or wetlands in a manner which would destroy the natural vegetation, sub- stantially alter existing patterns of water flow, or other- wise alter or permit the alteration of the natural and bene- ficial character of the land or wetland. D. No person shall cause by any means any sewage or any effluent contaminated by sewage to enter or flow into any wetlands, whether the game be by surface or sub -surface action or seep- age or otherwise. "Wetlands" in thie Section shall mean areas comprising poorly drained or plastic soils such as clays, muck, peat or bog in which depth to water table is b inches or Lase during the period betvven February and Kay. X. Aay amid all siege die sal a ete", storage areas, or tanks for oheaicals ar getroinzm products or other potential sources of substantial pollution shall not be located within 75 hori- zontal feet of any Coaaervaaoy District. T. No buildings or ati%whwas shall be erected. 18. 054Wetlands Consrr%'ancy District - Continued 15. 8. 111uildin! P� ter• Whenever an application is made for a buildis pew -which involves the use'of land in the Conservancy Districto the Building Inspector shall require the applicant for such per- mit to provide as part of such application: A. which sunt chhabbuuildingris intendedistered to be buuilt. oSaidthe plan to show: (1) Proposed building and sewage disposal locations- (2) rntothe aea leveldatu, contours, ma�wo foot intervals, eferredomean (3) thes anmonthpercolation Februarytests throughtaken May, and and includ- ing(4) Soil Survey data certified by a Registered Professional Engineer. B. Each Application to include all of the following prior to issuance of a building permit: (1} The written approval of the Board of Health (2) A written recommendation by the Conservation Commission 3} Appeals, prior of the Stocial issuan eiofgaented buildingthe Permitrd of Section 18.06 MOTELS In addition to other provitootheguse ofn�otelslwherevarherein, providedthe lfor ing provisions shall also apply in this BY -Law. 1, For each lot upon which a motel is to be erected, there shall be a minimum frontage of 125 feet and a minimum of 2,5OO-square feet of lot area for each of the first ten motel units, For each motel unit in excess of ten motel its, 2 there shall be provided an additionalsquare of lot area, 2. No motel or addition to a motel shall be eriected or placed on a lot which will result in the covering by all buildings of more than 35 per cent of the lot. 3. The maximum height of any motel shall be not more than :wo stories. �l. For each lot upon which 0 motel is rrected there steal! be pro- vided a front yard or setback distance of not less than 30 feet; a side yard on each side of not legs than 15 feet; and a rear yard of not lees than 15 feet. No other uses are permitted in these yard areas except that of a driveway in the front yard. All yard areas shall be appropriately landscaped and adequately maintained. ffi3 A site plan for bsch- ■[rtel ahull be prepgLred and submitted in accordance with the reQuirments of section 18.10. " Section 18.07 OPEN SPACE VILi.A4E MYK.APKT 1. Ob ectivea. The objective of Open Space Village Develop®eat is to allow re. atively intensive use of land, while at the same time main- taining existing character; to preserve open space for conservation and recreation; to introduce varietyo and intoeconresidenaadaefde- velopment; to meet housing needs; mical ficient provision of public services. 2. Applicability. The Board of Appeals may grant a special permit for annsdcotruction strict permitting residenceOspesubject tolthe efollowing ent a regu an lationa and conditions. 3, Procedures. e-application Review. To promote better communication an avoid misunderstanding, applicants are encourboth to submit Board preliminary materials for informal review by of Appeals and the Planning Board pri°rshould to belsubmittedito� Preliminary subdivision Plane, if any, the Planning Board prior to application for a e,,�ecial permit. B. Application. Applicants for a special permit for an Open Space Village Development shall submit to the Board of Appeals five copies of an application and an Overall Development Plan. Such Plan shall encompass land which is contiguous except for intervening streets, though not necessarily in one ownership, and shall encompass at least B contiguous acres. If the plan involves more then one ownership, each owner iof lann land included upon plan in the plan shall be a party to the approval, subject to its provisions. C. Overall Development Plan. The overall Development Plan shall indicate location and boundaries of the site, proposed land and building uses, location of common open space, existing topography, grading plan, location and width of streets and ways, parking, areas of proposed and retained vegetation, distinctions between upland and wetlend, drainage, sewage, and height, bulk, use, and proposed location of structures. The plan shall have been prepared by a registered landscape architect, architect, civil engineer, or land surveyor. D. Other !Materials. The application materials shall indicate each landowner's interest in the land to be developed, the form of organization proposed to own and maintain the eof ecoon mments open space, the substance of covenants and grants to be imposed upon the use of land and structures, and a de- velopment schedule, E. Review and 'Decision. Forthwith upon their receipt of the ap- plication and required plans, the Board of Appeals shallotra 8 mit two copies to the Pla=ing Bmn' and one copy _ 18 07 Open Village Deu;=lopment - 3. Procedures E Review & Decision. Cont►n. 17. Board of health, CdMarvstion Commission and Fire Chief, Yar- mouth Fire Department, The Planning Board, Board of Health, Conservation Commission and Fire Chief, Yarmouth Fire Depart- ment, shall submit reports to the Board of Appeals within 45 days of the application date, and the Board of Appeals shall make no decisions upon the application until receipt of all such reports, or until 45 days have lapsed since date of ap- plication without such reports. F. Criteria. Approval of an Open Space Village Development shall be granted upon Board of Appeals determination that the plan complies with the requirements of Section 4, and that the plan is superior to a conventional one in preserving open space for conservation or recreation; in utilizing natural features of the land; in allowing more efficient provision of streets, utilities, and other pa4ic services; and at least equal to a canventio=l plan ii4 ~r respects. 4. Requirements, AR Open Space Village flwslepwmnt must conform to e following; A. Number of Dwelling Units (1) The maximum number of dwelling units (living quarters for a single family plus not more than 3 boarders or lodgers, with cooking, living, sanittery and sleeping facilities independent of any other unit, or quarters for not more than four persons in a lodging house or dormitory) allowed in an Open Space Village Develop- ment shall equal the "Applicable Land Area" divided by the minimum lot area requirements for a single- family dwelling in that district, multiplied by the following incentive factors, then rounded to the near- est whole number: Applicable Land Area Incentive Facto �p �` Less than 0 acres 1.1 + ua x M/T 20-50 acres 50-75 acres 1.2 + .9 ,a x M/T 75 plus acres 1.3 + 7 x M/T Where "M" is the number of dwelling units proposed to be in multi -family structures and "T" is the total number of dwelling units proposed. (2) "Applicable Land Area" shall be determined by a regis- tered land surveyor, and equals the total area encom- passed by the Overall Development Plan minus land des- ignated on the plan for uses not primarily servicing residents of the development. Not more than 10 percent of the Applicable Land Area shall be land subject to either inland or coastal wetland regulations (Sac. 40 and 40A, Ch. 131, G.L.) or land otherwise prohibited from development by local bylaw or regzv.ation. (3) Where the Development includes more than one ownership, and -or lies in more than one district, the number of units allowed shall be calculated as above for each district and awed to give an overall allowable total, which may be located an the plan without respect to all m11nwP'K1Pt ai+btnt_s1x hu Alai-riri- er nwnPrahin ^raaa_ 18.07 Open Spatz Vi°`age development - 4. RequirPmOn'm C'ociti^iaed B. h4lowable U e . Uses allowed at any location shall be only hose allowed in the district in which the location lies ex- cept that multi -family dwellings may be located in any Busi- ness, Highway Commerical or Residential district (except with- in the Yarmouth Historic District) provided that the provi- sions of Section D below are complied with r C Dimensional Regulations. Lot size, lot width, setback, cover- age, yard, and height regulations shall be the foL1O'Ntng- r Minimurr. ',ot size Minimum :ot width at proposed building line Minimum front yard Minimum side and rear yard ititaximum lot coverage Maximum height floors feet 10. 000 sglare feeta 100 feet 30 feet7'' c 12fee t 25V 2 1 ; 2 s,.Dr ieS 35 a Lot area designated for multi -family units small be no, ,ess than 8,000 square feet per dwelling unit. bExcept not less than the requirements of Section 18. 09 for yards in the Developmerht abutting the boundary of th'e Development plan No multi -family or attached single-family structure shall be lo- cated nearer to the Overall Development Plan boundary t`:an 50 feet or twice the cu:!di,ig Neigh`. whichever t3 greater. CWhere priva'_ drives serve '.n lie'.; oS streets, as '.ti ... ium developme•it, yards sna'. ne measured from a r.}� the centerline of the trive;,ed way. J /q D. K-11ti-family Dwellings. Multi -family dwellings any bs allowed only if the Board of Appeals determines that all of the follow- ing will be complied with; (2) There will be minimal disruption of the function of es- tablished neighborhoods, evidenced by not more then 30 single-family dwelling structures existing at the time of application being within 500 feet of any proposed multi -family or attached single-family structure. There will be safe access evidenced by adequate service from a major arterial street; Route 6, Route 6A, Route 28, Buck Island Road, Camp Street, For -eat (toad, Great Westerxa Road, Higgins Crowell Road, Highbank Road, Main. Street, Mayfair Road, North Dennis Road, North Main Street, 01d Town House Road, Seaview Avenue, South Sea Avenue, South Shore Drive, South Street, Station Avenue, Uftion Street, West Yarmouth Road, Whites Path and Winslow Grey Road, without use of minor streets extensively developed for single—family homes, and adequate access to the site for .fire and service equipment. 19. 18. 07 Open Space Village Devetopment - 4 Requirements - P. Pvlutti-family Lw�:ltngs Conttr (4) There will be adequate utility service, evidenced by availability of public water supply, adequate drainage, and at the location of on -site sewage dispoel, having "slight" or "moderate" soils limitations for on -site dis- posal of sewage offluentp based on the 1973 S.C.S. Soil Survey for tbw cores of Toniouth. 40 "Septic tactk lea##Ang fidIds or other on -site sewage effluent discharge facilities shall be located not less than 250 feet A* from any pond over five acres, river, stream, ocean, swamp, or marsh. The Board of Appeals may reduce this setback re- quirement to not less than 100 feet upon demonstration by the applicant that the site plan is thereby enhanced and also that existing soil characteristics are such that no ground water or surface water pollution will result." "(5) There will be avoidance of ecological disturbance, through 7r sensitive site design evidenced by minimizing the following: r,a topographic change, removal of existing trees and vegetation, and visually disruptive building location. multi -family struc- tures shall be located not less than 250 feet from any pond over five acres, river, stream, ocean, swamp or marsh. The Board of appeals may reduce this requirement to not less than 100 feet upon demonstration by the applicant that the site plan could thereby be enhanced, and also that the topography, vege- tation, and soil characteristics of the site, and the proposed drainage patterns are such that siltation, erosion, surface water contamination, or other environmental degradation will not be substantially increased due to a reduced setback from waterbodies." (6) There will be preservation of neighborhood amenity, through glare -free illumination of parking areas, site design to minimize visibility of parking areas and preservation of existing water views from public ways and effective use of topography, landscaping, and building placement to maintain, to the degree feasible, the character of the neighborhood. 7.r No multi -family Structure shall contain more than 24 dwelling ;niC.S t4a..rr ski ) (8) An emergency access road or Lane both .rs fro^t of and he hind rrulti-fam.Ly dwellings -hall be provided to allow fire 3Ppar3EU5 wt::nin 50 feet of any part of a tTl::ti-'arrtly �} dwelling s.ruc:ure, i r.s access shall be rr,a.n aired in a ' J; passable coridt`.i.on in all seasons, unobstruc'PG, and mist be capable of supporting vehicles weighiig no less than � �a fifteen tons, regardless of seasonal ground condu-tons i'ne minirn�.-,n centerline rai i and width o; t^:?se err;�'genc5' r access lanes shai. be as defined in the Town of zarmouth ! Subdivision Rules acid Regulations (as effective: January 1974) for lanes. to 07 open Space Vtl'agF: oeve�opment - 4 Requirements Con"ilu'd ". 2. Improvements. Aocess, drainage, utilities, and grading shall meet functional standards equivalent to those established in the Playing Board's adopted Subdivision Relations. VWior to issuance of builds" permits within an open Space Village Development, the Town Engineering Department shall certify to the Building Inspector that a detailed site plan has been submitted in accordance with Section 18.10(6) and meets the requirements of said section. Occupancy pers<tts for any structure shall be granted only in accordance with the rsquirmwsnts of Bectioa 18.10(7).0 F. open Space. All land not desisted for roads, dwellings, or other development within the Open Space Village Development shall be held for common use of the residents of the Develop- ment. Common open space shall be preserved for recreation or conservation; and shall comprise not less than 30 percent of the "Applicable Land Area" within the Development Plan. Owner- ship of common open space areas shall be arranged and mainten- ance permanently assured through an incorporated home owner's association, condominium deeds, or other recorded land agree- ment through which each 1st owner in the development is auto- matically a member and each lot is subject to a charge for a share of the maintenance expenses, or through comparable ar- rangement satisfactory to the Board of Appeals. Preservation shall be guaranteed through dedication, by covenant or com- parable legal instrument, to the community use and enjoyment of residents of the development tract, for recreational pur- poses serving those residents and their non-paying guests only, or for conservation. In addition, the town shell be granted an easement over such land sufficient to ensure its perpetual maintenance as conservation or recreation land. Building coverage shall not exceed 5 percent in such conservation or recreation areas. U. Long-term Compliance. Subsequent to approval of such Open Space Village Development, no laud therein shall be sold aana no lot line or structure altered from that shown on the Over- all Development Plan so as to increase the extent of non- conformity with the standard dimensional regulations of this By-law (See Section 18.09 (VI). Prior to sale of any lot within an Open Space Village Development, or issuance of a building permit for construction therein, such lots shall be shown on a plan recorded in the Registry or Deeds or registered vita the Land Court, which glen shall make reference to the recorded land agreements referred to in Section F. Unless the Board cf appeals has specifically approved staged develop- ment, such plan shall show all lots to be included in the De- velopmemt . " Section 18.06 "-COMING USES. f 1. Continuation of Non-Conformigg Uses. Any lawful building or use of a builaIng or premises or pa thereof at the time this by -low of any amendment thereto is adopted may be continued although such building or use does not conform to the provision thereof, pro- vided such use has not been discontinued for a period of three years. 2. Change of Extension of Non -Conforming Uses. The Board of Appeals may permit any non -co o ng use to e c anged to any specified use not substantially different in character or morLb detrimental or objectionable to a neighborhood. Section 18.09 A.EA REGULATIONS. 1. Rear Yards. A. ResiNntial Districts. No dwelling in any district shall be built within 20 feet of the rear lot line, except on corner lots, which shall be considered as having no rear lot line. B. Accessory Buildings. Accessory buildings shall not be built within six feet of the rear lot line or within 12 feet of any other building, except in the Business or Industrial Districts where there is a party wall. C. Highway Commercial District. See Section 18.04-4C of this By -Law. D. Industrial Districts. See Section 18.05-6C of this By -Law. 2. Side Yards. A. Residential Districts. In a residential district no building or any part thereof shall be built within 15 feet of a side lot line or within 21 feet of any building on an adjacent lot. B, Business Districts. III a business district no building #hall be built within six feet of any lot line unless there is a fireproof wall or a fireproof party wall which shall extend not less than 16 inches above the roof. Said wall may be built on the lot line providing that the building is not to be used for human habitation. C, Highway Commercial District. See Section 18.04-4B of th-s By - Law. D. Industrial Districts. See Section 18.05--6B of this By -Law. 3. Front Yards. esi entzal Districts. In a residential district no building shall be built and no roadside stand or accessory ;use shall be placed within 30 feet of the street line, provided that no building need be set back more than 30 percent 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 occupied by building set back more than 30 feet being counted as occupied by a building set back 30 feet. 18.09 Area Regu'ationzi - 3 Front Yards. Continued M .. ._ •ice.:.. _. B. Business Diatr ets. in a business district no building shall be built and no roadside stand shell be placed within 20 feet of the street line, except in the business district adjoining �q and Southerly of Route 6 along Station Avenue, no building u,a^i�r shall be built and no roadside stand shall be placed within 10f 75 feet of the street line b=JJt q1;� , provided that no building i� shall be placed nearer the street line than the average align- ment of the setbacks of the buildings on the two lots next thereto on either side, existing at the time of the passage of this by-law, a vacant lot or a lot occupied by a building set back more than 20 feel: being counted as though occupied by a building set back 20 feet. C. Highway Commercial District. See Section 16.04--4A of this By -Law. D. Industrial Districts. See Section 18.05-6A of this By-Law- 4. Lot Size. A. Residential Districts. (1. ) Minimum lot area. a. RD-1 - 25, 000 square feet. f. RC-2 - 20, 000 square feet _ . RD - 3 and 4 - 15, 000 s q ;are [ee t. (2. ) Nlintm_m frontage measured along a street RD-1. 175 feet, frontage may be reduced to a minimum of 50 feet if the lot is at beast 175 feet wide at the proposed building setback line, which shall be shown on the Dlan Ary Lot shall oe capabie of containing a sgsare of 140 feet. b. RD-2: 150 feet; frontage may oe reduced to a minimum of 50 fee: if the lot is at leas`. 150 ieet wade at the proposed building setback line, which shall be shown on the plan. Any lot shall be capable of containing a square of 120 feet. c RD-3 and 4: 125 feet;1roatage may be re- duced to a minimum of 60 fee, V the lot is at Least 125 feet wide at the proposed buil.dLng setback line, which shall be shown on the plan. Any lot shall be capable of containing a square of 100 feet. TM 13.09 Area Reguiations - 4 Loy Size. 2' B. %itnirnum L_Dt Size in A: LlstriCtS. No dwe'.'_ing snarl be erectec in an; district on a !ot comai.-u-ig less =han 15, 000 square feet or rni:limum frontage of 125 feet measured ala:g a street, provided t1hat on sing e :amt'y dwe::ing may be erec_ed on ant: leQatly created lot shown or, a recorded p'an, a5 'Long as all zoning reqj:reme,as applicably to the rot at the ttrr:E• tt was recorded at the Barnstable Count,, Registry of Deeds or Land,�Registrattort Office are corn.plied with, including a_ -ea, frontagL and yard req�.remen's. The frontage may b!- reduced to 50 feet if the lot Ls at tea.-,( 100 feet 'XIde at the proposed ouilding setback tine, winic`3 shall be sho-wr on the p'an. Any lot sna ; be capab:_e of contatr:inp a square of l" fee:. C. Corner Lots. On new subdivisions of JwW the corner late there- on shall contain a mini== area of 10,000 square feet with a minimum of 100 foot frontage on each street. D. Two-family Dwellings. No tiro -family dwelling shall be erected in any district on a lot containing less than one and one half times the required square footage for said district or less then 125 feet width for a depth of 90 feet from the street line. E. Business Districts I- 1. Minimum lot area - 10, 000 square feet. 2. Minimum frontage measured along a street shall be 100 feet. This may be reduced to 80 feet if the lot is at least 100 feet wide 20 feet back from the street line, F. Highway Commercial District. See Sections 18.0-4-3i,lY and C of this By -Law. G. Industrial Districts. See Sections 18.05-5A, B and C of By -Law. 5. Appurtenant Open S ace. o yard or other space required for a building by this by-law shall, during the life of such building, be occupied by or coun-�;ed as open space for another building. 5. Pro actions, Nothing herein shall prevent the projection of cornices, window sills, belt courses and other ornamental features into any re- quired yard, not exceeding 18 inches, except that steps in front yards may be permitted. 18. 09 area Raguiai.ions - COn-,i'l -L! 7. rilliag. o person shall fill any area in the Torn of Yarmouth with earth, concrete or other material to a depth in excess of five feet with- out a permit from the Board of Selectmen. Said Board may require an applicant for such permit to furnish such plans or specifica- tions as the Board may deem necessary and any permit issued here- under may contain such provisions, conditions or limitations as the Board may deem proper. Any person aggrieved by any action of the Board of Selectmen hereunder shall have the right to appeal to the Zoning Board of Appeals under the applicable provisions of the Zoning Lams. S. Building Height The height of any building erected in any dis- �'1141� trict shall exceed neither 35 feet or 2 112 stories. The height of any building shall be measured from the highest point of any 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 1 1 t face of a building in relation to finished grade exceed the permitted height by more than ten feet. Height iLmitations shall not apply to chimneys, spires, cupolas, TV antennas and other parts of build- ings not intended for human occupancy, 9. Lot Coverage. A. Residential Districts - Maximum building coverage shall be 25% of lot area B. Business Districts. maximum building coverage shall be 50% of lot area. Section 18.10 AXOMCSTRATION. 1. &Lfore ement. This by-law shall be enforced by the Selectmen until such me as there is a building inspector mxd thereafter by such inspector. 2. Board of Appeals. There shall be a Board of Appeals appointed by e Selectmen composed of five members and such number of associate members as the Selectmen shall determine, as provided in G. L. (Ter. Ed.) Ch. 4OA Sec. 14, which shall act on ail matters within its ,jurisdiction under this By -Law in the manner prescribed by G. L. (Ter. Ed.) Ch. 4OA. 3. Si -ems-. Whenever a variance, a special permit or approval of the d of Appeals is given for a business, industrial or commercial use, then the sign restrictions applicable to business districts shall apply to such variances, special permits or approvals. 4. Special Permits. Special Permits, Board of Appeals Approval or Special cep ons shall not be granted unless the applicant dem- onstrates that no undue nuisance, hazard or congestion will be created and that there will be no substantial harm to the estab- lished or futum character of the neighborhood or Town. 18 13 rltlministratior, - Continued 2.5. 5. Perlsits, No building small be enacted, placed or changed as to he use thereof, without a permit therefor issued by the Building Inspector. The Building Inspector may require,if the Building Inspector deems necessary, plans and specifications to be filed with the application for permit, such permit and application there- for to be in such form as the Building Inspector prescribes. Any person aggrieved_ by the refusal of the 8ui3_d Inspector to issue a permit under the provisions of this By -jar may appeal to the Board of Appeals by filing with the Building Inspector and the Board of Appeals a notice of appeal in accordance with G. L. (Ter. Ed.) Ch. 40A Sec. 13. Applications for permits from, the Board of Appeals required by this By -Law shall be filed in the same manner. Any building permit used hereunder shall be void if not used within 90 days from date of issue. $NO lend or buildings shall be initially occupied or changed from one category of use under Sections 18.02, 18.03, 18.04, or 18.05 to another without an occupancy or use permit having been issued by the Building In- spector which shall be;issued only if all requirements of this and other town bvlars are coatnlied with-Or6. -mite Plan Review, Applications for new construction or _ additions for the following activities, if involving +`.•�`i� 1,000 square feet or more of new ground coverage by r structures or pavinz, shall be subject to site plan review.upen Space Village Developments " Mobile Home Parks Motels and Guest Hoses Al? other non-restdenttal uses requiring ten or more � 1� parking spaces. r A. P,an5 3LpjP;.t to 5—,te plan review sna.l snow the :ocAtLion and dtmensions of the '.ot, the exact Location and size of any existing or proposed buildings, streets and ways adjacent to the Lot, existing and proposed topography, drives, park- ing, Iandscap.ng, park or recreation areas, use of str..ctures an d !and screening, water, sanitary sewerage, and storm -2 ratrzage; and separate plans shall also show ground floor plans and arc:^itec*ural elevattons of all proposed buildings and signs, to oe prepared (except to the case of one and tw•o- 'amil,g dwellt•-.gs) by a registered architect or eng;r.eer :f n!_ch buildings contain 35, 000 c.zb.c feet of space or more. B. Forthw;th upon their receipt, a copy of the above plans shall be forwarded by the Board o,` Appeals or the BuiLdtng "rispe: for to the Town Engineering Department for his re- ,,iew and report. No building permit snap be t3sued and no special permit, if any, shalt oe acted upon w;thout site plar, by the Town Engineering Department unless as days lapae frorn the date of referral without receipt of, no- t%ce of the Town Engineering Department's action. 18 10 Admir s:ration - 5 -ite Plan C•onl jnued CTtic "I'own Engineering Department shall a�wiiPwa site plan the following. (1) internal circulation and egress are sac, h that traffic safety is protected, and access via minor streets servicing single-family homes Ls minimized, (2) Reasonable use is made of building location, grad- ing and vegetation to reduce visibility of parking areas from public ways (3) Adequate access to each structure for fire and and service equipment is provided. (4) Uti'.Lties and drainage serv;ng the 7itr [;ro-JLde functional service to each structure and paved area .n the same manner as required "or lots ,att:Jn a subdtv..sion, and fire proteet.o^ prov;sions meel:ng ire Department Regulailons are provided. (5) Lighting of parking a'-eas zooids gLare .r, adjoining properties. (a) i,13]or topographic ci:alge- or removal of EYisLmla .. are avotde ") i`: o~ abusing Residenc_ D.-.. tcts, _:fec:ivy se is r-aJ. .:)f topography, :andscaplung and p, a-s- menl to Maintatr, to the degree feast`;le he :�aracter o; the r.etzhborhood (5I A!; a-ne rep.:lre-rent o! me zorl ig .tYlaw a: 5a•.lai led i Issuance of Occ.loancy Permits, v4 nere more than one principal. SLructure e•reCted on a lot, no ocCupancv DermLi for fu:i or part._i, �CCJa3i.Cy -f th- sit'' :,ha.l be is3.1P. Snti' par•ki.,ig, ai.'_ec s ��rai-lage and i:tliines se..l-.g :he strucC ure to tie oc"t3RLed have Jc'''l cDin:pletp :o the sattsfac:to.n. -1 :ne Tow . Ettg.r.ee� Z on t .reLr cotr.3te- tion has been postad 8 PrJtesslona' 1 i�D�C'.iO;l Cons+^.1C'.:�:1 �3ft OVDIRCIs 'J:lder -a=In=rIe 0.jil1trig perrntt i^volving either one Gr rnorc stru,".E'Sres O'-ner than one -or two-rami'ly c:weihngs: ea2n 7orta..iing �,�1�' r.:CI :_:e: _)f :'o1..lrne oc rriDre, or tn':olvmg JC or more ..ve OF type, s nai, ba cone v.tr. the ;n oect:or. of a r eg -erect nr o- fessLorial envineer or archive-t retained by the develop .; er. .ic engineer or arch,:ect shall CJeriadtca:ly, as requ�s:ed " t Rutld- insoector, attest that a:1 WgrR ^eing done under r.-, SLSDe.rvision '.s being done in accordance with the plans as approved for a bUtldtag 13 1., AdM.L'1I6tVatiOri 7 Site Plan Rellie ., - 3- Proie,;lonal 1`ispo,i',ion. Cont n. 27, permit, in accordance with any Hoard of Appeals stipulations and in accordance with all applicable town and state codes and reg.slat,,.r.s Any discrepancy or deviation from the approved site plan shall be reported forthwith by such engineer or architect to the Building In- spector. If such discrepancy is consistent with requirements of all applicable by-laws and permits and not in conflict with the-afety and welfare of the public, work may proceed, and the Building Inspector may require revised plans prior to issuance of an occupancy permit. If not consistent, the discrepancy shall be corrected before work proceeds. Variances. The Board oif Appeals may authorize upon appeal a variance from the terms of these by-laws with respect to a particular parcel of land where, owing to conditions peculiar to such parcel, a literal enforcement of the provisions of these by-laws would involve substantial practical difficulty and hard- ship. In granting such a variance, due consideration shall be given to promoting the public good, and no variance shall be granted which will have a detrimental effect upon the neighbor- hood. In any case where the interpretation of these by-laws is not clearly obvious, the Selectmen are authorized and directed to submit to the Board of Appeals for expression of opinion be- fore issuing a ruling on such case. Penalties. Any person violating any of the provisions of this by-law shall by fined not more than $50.00 for each offense. Each day that such violation continues shall constitute a sepa- rate offense. q Other Regulations. This by-law shall not interfere w-Ch or annul any by-laws, ru e, regulation, or permit, provided that unless specifically excepted, where this by-law is more stringent it shall control. ia. Validit . The invalidity of any section or provision of this by- law not invalidate any other section or provisions hereof. "Section 18.11 PARKING AND LOADING REQUIREMENTS ty 1. Intent and Application of Parking Requirements y A. It is the intent of this section that adequate off- street parking must be provided withio a reasonable dis- tance to service all parking demand created by new con- struction, whether through new structures or through addi- tions to existing ones, or through change of use creating higher parking demand. B. Buildings, structures and land uses in existence on the effective date of these provisions are not subject to these off-street parking requirements and may be rebuilt, altered or repaired, but not enlarged or changed in use, without becoming subject to these requirements. 1 8. i ' Par frig and Lnading Requtrements - I d itent and Appttcatton Continued 28. C. In applying for building or occupancy persits, the applicant must demonstrate that the minimum parking re- quirements set forth below will be met for the new demand without counting existing parking. D. The minimums of Sec. 18.11(2) may be reduced on spe- cial permit for an exception from the Board of Appeals, upon the Board's determination that special circumstances render a lesser provision adequate for all parking needs. Examples of special circumstances include: (1) Use of a common parking lot for different uses having peak demands occurring at different times; (2) Age or other characteristics of occupants which reduce their auto usage; (3) Peculiarities of use which render usual measure- ments of demand invalid. 2. Schedule of Off -Street Parking Requirements RESIDENTIAL + Twe,.i-n-, unit having 3 gr more dedroo~:s 2 3pieo Lwe,ting unit :tarot-Lg fewer than 3 hedroorr.s spa e Guest house, lodging house, 1 space/2 persons accom.- other group accommodation modated Hotel or Motel Guest Units 1 space/guest unit plus 1 space/10 guest units or fraction thereof Nursing Homes 1 space/3 beds NON-RES I D&'+TT IAL Industry, including ware- ? space/1.3 employees or. tae houses or other structures largest shift, but capable of for storage, distribution, expansion to not less than or wholesale marketing 1 space/300 sq.ft. of gross floor area* Retail Businesss"Consumer 1 space/200 sq.ft. gross Service leasable floor area plus 1 apace/separate enterprise* *Gross f1o0r area, this and other us*0 listed in this table, is measured to the utside of-ttw,iyutIding with no deductions for accessory unoccupie areas emb as hallways, stairs, closets, thickness of walls, tPlumns or other such features. Par and - Coatis. a 9. office, ProfiWslMal, Administrative, Banks Restaurants or establish- ments licensed as a common victualer or busiaesses purveying food ready to be consumed on or off premises Places of public aenembly, including school and church auditoriums, libraries, museums, clubs, theaters, undertaking establish- ments, trade schools, bus depots and recreation facilities not listed elsewhere in this table. Bowling alley - I space/200 sq.tt. gross ground floor area, plus 1 space/400 sq.ft. gross f looL,,,a 1 space/& seats or for es- tablishments where some or all customers are not served food at their seats, ten spaces for each food service station or person dispensing food, Whichever is greater 1 apace/3 occupants as deter- mined by Table 6-1, Massachu- setts State Building Code 4 spaces/alley Tennis Courts (except that 3 spaces/court there shall be no require- ment when a single court is located as an accessory to a single-family dwel- liag on the same lot) Marina Laundromats Gas -'Service Stations 1 space/boat capacity 1 space/2 machines 3 spaces/service bay, but not leas than one spare/100 sq.ft. of gross floor area All other uses Parking spaces adequate to accommodate under all normal conditions the vehicles of occupants, employees, members, customers, clients and visit- ors to the premises, as deter- mined by the Building Inspec- tor on advice of the Planning Board Parking and fading Requirements Continued 3. Parking Area Design and Location A. Off-street parking spaces, each not less than 10 feet by 20 feet per vehicle, excluding the portion of the drive- way to each such space, shall be provided on the same lot. However, driveway area outside of a street right-of-way may be counted for off-street parking When serving a single- family dwelling. in the Highway Commercial and Industrial districts, such spaces may be located on another lot within a radius of 200 feet and in the same zoning district& B. No off-street parking area for 5 or more cars shall be located within 20 feet of a street right-of-way or within 10 feet of any lot line. C. All required parking areas except those serving single- family residences shall be paved, unless exempted on Spe- cial Permit from the Board of Appeals for cases, such as seasonal or periodic use, where the proposed surface will prevent dust, erosion, or unsightly conditions. Drainage facilities for each parking area shall be designed and con- structed to contain storm water runoff on the lot. D. Parking areas for 5 or more cars shall be designed with enough maneuvering space so that vehicles are not required to back onto a public way. E. Centerlines of driveways serving 20 or more parking spaces, if egressing onto a state -numbered or state -main- tained highway, or onto a street improved under the Chapter 90 program, shall observe minimum separations as follows, unless precluded by lot configuration in existence on the date of adoption of this Bylaw: From other such driveways same side of road 500 ft. opposite side of road 0 or 250 ft, From intersecting street sideline 250 ft. No existing parcel shall be subdivided into lots with frontage which would preclude meeting these requirements unless access rights -of -way are provided across adjoining lots. Driveways subject to this section shall have 400 Peet visibility in each travel direction, and shall each comprise not more than two travel lanes, each not more than 12 feet in width, at the lot line. F. Parking lots for 5 or more cars shall be screened from any residential use or district which is abutted or separated from it only by a street. Screening shall be by a four foot wide planting strip maintained with densely planted shrubs not less than five feet in height, or by grading, fences or walls may be a part of such screening where deemed necessary, but shall not be suitable as a sub- stitute therefor or thannelves be left unscreened from abutting areas. ParkiL4 aad i.oadLag Reyua,relzQeq:r 3. parlc;a Area Vepiga Cuat6n, 31. It G. All buffer areas Between street or lot lines and off- street parking areas not included in paragraph (F) shall be unpaved, not parking on and maintained with vegetation or other organic material. H. parking lots for 20 or more cars shall contain at least one tree of 2" caliper or larger per a cars, to be located within the parking area in soil plots allowing not less than 40 sq.ft. of unpaved soil area per tree, or to be located within 5 feet of the parking lot. 4. Loading Requirements A. Loading zone criteria. Adequate off-street loading facilities and space must be provided to service all reg- ular needs created by new construction', whether through' new structures or additions to old ones, and by change of use of existing structures. Facilities shall be so sized and arranged that no vehicles need regularly back onto ,w a public why, or be parked on a public way while loading, unloading, or waiting to do so. B. Application Requirements. Prior to issuance of a permit for construction of a new structure, addition or alteration of an existing structure, or change of use, the Building Inspector may require that the applicant submit information concerning the adequacy of existing or proposed loading facilities on the parcel. Such information may include a plan of the loading area showing its size and its relation- ship to buildings, parking areas and public ways, documenta- tion of the types of goods and/or persons being loaded and unloaded from vehicles, the expected types of vehicles to tie serviced at the loading area, and the expected normal hours of operation. The Building inspector shall use such information to determine whether or not the criteria of paragraph A above are met. In making such determination the Building Inspector shall seek the advice of the Planning Board and the Town Engineering Department." C" "18.13 DEFINITIONS ` In this Bylaw, the following terms shall have the followit,g meanings unless other meaning is required by the context or is specifically prescribed. Accessory Building or Use shall mean a bsilding or use, customarily incidental to and located on the same lot with the principal building or use except that if more than 30`b of the floor area or 50% of The lot area is occupied by such use, it shall no longer be considered accessory. *Building Height shall mean the vertical measure from the s.ighest point of any roof or parapet to the average finished grade on the street side of the structure. Not included are chimneys, spires, cupolas, TV antemnas, and other parts of buildings not intended for human occupancy. 18, 13 Deii;lLtiOnS Continuett 32. Dwelling shall mean a building or part of a building used exclusively as the living quarters for one or more families. ,Dwelling, Single -Family shall mean a dwelling other than a mobile home singly and apart from any other building, used exclusively for residential purposes for one family. Dwelling, Multi -Family shall mean a dwelling containing three or more dwelling units, irrespective of tenure or ownership. Dwelling Unit shall mean living quarters for a single family plus not more than a boarders, lodge-^s, or domestic employees with cooking, living, sanitary and sleeping facilities independent of any other unit. Family shall mean an individual or two or more persons related by blood or marriage, or a group of not more than five persons not so related, living together as a single housekeeping unit. Guest House shall mean a structure similar in character to a single- family dwelling in which overnight lodging is offered for five or more persons, primarily tourists. Guest unit shall mean a room or suite of rooms in a hotel, motel, motor inn, or guest house suitable for separate rental. Hospital shall mean a facility for the care and treatment of patients as licensed by the Massachusetts Department of Public Health under Sec. 51 or 71 of Ch. 111, G.L. Hotel or Motel shall mean a building or group of buildings consist- ing of three or more guest units, providing lodging with or without meals on a transient basis for compensation. *Lot Frontage shall mean that portion of a lot fronting upon and having rights of access to a way providing legally sufficient frontage for the division of land under the requirements of G.L. (Ter. Ed,) Ch. 41, Section 81L, To be measured contin- uously along a single street line. *Mobile Home shall be defined as any vehicle or object designed for movement on wheels and having no motive power of its own, but which is drawn by or used in connection with a motor vehicle, and Which is so designed and constructed, or reconstructed or added to by means of such accessories, as to permit the use and occupancy thereof for human habitation, whether resting on wheels, Jacks or other foundation, and shall include the type of constructeo❑ commonly known as nobile home, having a body width exceeding eight feet and a body length exceeding thirty-two Peet. Mobile Structure shall wean a movable structure designed for year- round occupancy twed for office or other non-residential activity, W 13 13 ila inLtions Continued { M Nursing home shall mean any drelliag or building with sleeping rooms where persons are housed or lodged and furnished with weals and nursing care for hire, as licensed by the Massachusetts Depart- ment of Public Health under Sec. 71-73 of Ch. 111, G.L. $ign shall mean an advertising or informational device as defined by the Town of Yarmouth Sign Bylaw. Structure shall mean a combination of materials assembled at a fixed location to give support or shelter, or anything con- structed or erected, the use of which requires a fixed location on the ground, including but not limited to buildings, mobile homes, swimming pools having a capacity of 4,000 square feet or more, piers, jetties, signs, fences, radio antennae, and retaining walls. The ward 'structure' shall be construed, where the context requires, as though followed by the words 'or part or parts thereof'. Yard shall mean an open space, unoccupied and unobstructed by any structure (exceeding 75 sq. ft. floor area) except the following; a) fences, walls, poles, posts, paving, and other customary yard accessories, ornaments, and furniture. b) in front yards only, eaves, steps, and non -covered parches.' 2