HomeMy WebLinkAboutZoning Bylaw REDLINE EDIT thru 111725TOWN OF YARMOUTH
Commonwealth of Massachusetts
ZONING BYLAW
YARMOUTH PLANNING BOARD
Amended through November 17, 20259, 2024
FORM 2 - SUBMISSION 3
vi
54. In the Annual Town Meeting of April 02, 2012: Under Article 25.
55. In the Special Town Meeting of October 22, 2012: Under Articles 7, 8 and 9.
56. In the Annual Town Meeting of April 01, 2013: Under Articles 29, 30, 31, 32, 33 and 34.
57. In Annual Town Meeting of April 8, 2014: Under Articles 30, 32, 33, 34 & 35.
58. In Annual Town Meeting of May 2, 2015: Under Articles 26, 27, 28, 29 & 30.
59. In Annual Town Meeting of May 7, 2016: Under Articles 28, 29, 30 & 31.
60. In Annual Town Meeting of May 6, 2017: Under Articles 25, 26, 27, 28 & 29.
61. In Annual Town Meeting of May 5, 2018: Under Articles 28, 30 & 31.
62. In Annual Town Meeting of May 4, 2019: Under Articles 40, 41 & 43.
63. In Special Town Meeting of October 29, 2019: Under Articles 4 & 5.
64. In Special Town Meeting of November 2, 2021: Under Articles 11, 12, 13, 14, 15, 16 &
17.
65. In Annual Town Meeting of April 26, 2022: Under Articles 27 & 28
66. In Special Town Meeting of November 15, 2022: Under Article 22
67. In Special Town Meeting of November 7, 2023: Under Articles 16, 19 & 20
68. In Annual Town Meeting of April 30, 2024: Under Article 33
69. In Special Town Meeting of November 19, 2024: Under Articles 13 & 14
69.70. In Special Town Meeting of November 17, 2025: Under Articles 14 & 15
202.5 Use Regulation Table Res. RS-40 B121 B221 B321 RMDOD44 MU APD AED MOD HMOD1 HMOD2 VC1 VC2 VC3 VC4
18
A. RESIDENTIAL
A1 Single-family dwelling yes yes yes yes no no yes yes no yes yes yes no41 no41 no41 no41
A2 Two-family dwelling48 yes no yes PB24 no no yes yes no yes yes yes no41 no41 no no
A3 Multi-family dwelling (in Cluster/PRD
only) BA14 no BA14 BA14 no no BA14 BA16 no BA14 no no no no no no
A4 Cluster/Planned Residential
development PB no PB PB no no PB PB no PB no no no no no no
A5 Boarding or Lodging house BA no BA BA BA no BA BA16 BA BA PB PB no BA no no
A6 Guesthouse, Inn, or Bed & Breakfast
Inn BA no BA BA BA no BA BA16 BA BA PB PB BA BA no no
A7 Hotel or motel no no no yes42,43 no no no PB no no yes42,43 yes42,43 yes42,43 yes42,43 yes42,43 yes42,43
A8 Mobile home no no no no no no no no no no no no no no no no
A9 Mobile home park no no no no no no no no no no no no no no no no
A10 Accessory apartments BA BA BA BA no no no BA no BA no no no no no no
A11 Employee Housing at non
Motels/Hotels no no no yes47 no no no no no BA no no no no no no
A11A Seasonal Employee Housing at
Motels/Hotels no no no yes43 no no no no no yes43 yes43 yes43 yes43 yes43 yes43 yes43
A12 Multi-family no no no no24 no no no PB16 no BA no24 no yes28 yes28 yes28 yes28
A13 Short-Term Rentals54 yes yes yes yes no no yes yes no yes no no no no no no
B. AGRICULTURE
B1 Agricultural production of Crops yes7 yes7 yes7 yes7 yes7 no yes7 yes yes7 yes7 yes7 yes7 yes7 yes7 yes7 yes7
B2 Agricultural production of livestock
(except on feed lots - then no) yes7 yes7 yes7 yes7 yes7 no yes7 yes yes7 yes7 yes7 yes7 yes7 yes7 yes7 yes7
B3 Agricultural service agencies no no yes4, yes2 BA no no BA16 BA no yes2 no no no no no
B4 Forestry, fishing, hunting yes yes10 yes yes yes no yes yes yes yes yes yes yes yes yes yes
B5 Fishing yes55 yes yes yes yes no yes yes yes yes yes yes yes yes yes yes
C. MINING AND MINERAL EXTRACTION
C1 Mining & mineral extraction
(including sand & gravel pits) BA no no BA BA9 no BA BA16,17 BA9 BA no no no no no no
D. CONSTRUCTION
D1 General building contractor's yard no no no no yes9 no no BA16 yes9 no no no no no no no
D2 Heavy construction contractor's yard no no no no BA no no BA16 BA no no no no no no no
D3 Special trade contractor's yard no no no no yes9 no no BA16 yes9 no no no no no no no
E. MANUFACTURING
E1 Food & kindred products (*except no
manufacturing of fats, oils &
shortening)
no no no 3,52 no52 yes9* no no BA16 yes9* no no no no no no no
E2 Tobacco products no no no3 no yes9 no no BA16 yes9 no no no no no no no
E3 Textile mill products (*except no
dying, finishing of yarn & thread
mills or coated fabrics)
no no no3 no yes9* no no BA16 yes9* no no no no no no no
E4 Apparel & other textile products,
leather & leather products(*except
no for tanning & finishing
no no no3 no yes9* no no BA16 yes9* no no no no no no no
E5 Lumber & wood products (*except
wood preserving BA, plywood &
particle board BA)
no no no3 no yes9* no no BA16 yes9* no no no no no no no
E6 Furniture & fixtures no no no3 no yes9 no no BA16 yes9 no no no no no no no
ART 14
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for which approval has been obtained through application to the Town Administrator’s
office for Use of Town-Owned Property.
Mobile Food Vendors and all associated components including seating shall not be
located within zoning setbacks. Signage shall be allowed per Section 303. Vendors shall
be responsible for trash removal, ensuring safe pedestrian and vehicle access and
circulation, fire access and safety, and adequate parking for all uses on the site. Vendors
shall not generate excessive odors, smoke, noise or glare. No music or entertainment
allowed unless an Entertainment License has been obtained from the Yarmouth Select
Board. Hours of operation shall be as determined through the Use of Town-Owned
Property application process.
54. Short-Term Rentals may be allowed by-right if they meet the criteria outlined in Section
418.
55. Except that retail sales in the Residential Zoning District shall require a Special Permit from
the Zoning Board of Appeals and shall be limited to live lobster sales only. In addition to
other applicable special permit requirements, individuals selling legally harvested or caught
live lobsters shall be in compliance with all applicable local, state, and federal regulations;
and may only sell what has been personally caught or harvested by the resident of the
property. Special Permits for retail sale of live lobsters shall expire upon transfer of the
property. Only one (1) Special Permit for live lobster sales shall be issued per parcel.
Signage for retail sale of live lobsters shall be limited to one (1) non-illuminated A-Frame
style sign, not to exceed six (6) square feet in area, to be located on the property during
hours of operation. The hours of operation shall be conditioned via the Special Permit.
ART 14
54
If a boat cannot be parked or stored to the rear of the front building line of the lot in a
Residential Zoning District due to a unique condition or features of the parcel, such as
restricted or limited access to the side or rear of the building, relief may be granted via a
Special Permit from the Zoning Board of Appeals. In addition to other applicable special
permit requirements, the following conditions also apply:
Limited to one (1) boat per parcel, lawfully registered to the owner or resident of the
property
Maximum length of 28’ and located on a registered trailer
Boat shall be parked in the driveway of a residential parcel without creating a traffic or
fire safety issue, and adequate remaining on-site parking for the property can be
demonstrated.
Special Permits shall expire upon transfer of the property.
401.2 Accessory Scientific Uses. Uses, whether or not on the same parcel as activities
permitted as a matter of right, accessory to activities permitted as a matter of right, which
activities are necessary in connection with scientific research or scientific development or
related production, may be permitted upon the issuance of a special permit by the Board of
Appeals, provided that the Board finds that the proposed accessory use does not substantially
derogate from the public good.
401.3 Commercial Outdoor Display. Except in the VCOD, the outdoor display of any of the
following items for sale or rent, shall not be allowed at any commercial establishment in any
district: clothing, household furnishings and all other items not intended for outdoor use. No
outdoor displays are allowed to be placed in the required buffer zones of any commercial lot.
Outdoor display of retail goods in the VCOD shall only occur along the façade of those
commercial or mixed use structures where the goods are sold, shall not be within a public right
of way, and shall not occur outside of normal business hours.
401.4 Temporary Commercial Outdoor Display. The Building Commissioner may approve,
through application and permit, Temporary Commercial Outdoor Displays to take place at
commercial establishments in the B1 and B2 Zoning Districts, or for properties which have
developed under the Village Centers Overlay District (VCOD), with the following provisions:
1. A maximum of three events with a total maximum duration of 17 days per calendar year
per parcel.
2. Retail goods shall be for sale only and shall not occur outside of normal business hours.
3. No temporary display, parking, or structures shall be located within required buffer
areas and/or yard setbacks.
4. Temporary commercial signs for temporary commercial outdoor display shall not
exceed 18 square feet and shall be permitted for the duration of the outdoor display
event. The location must be approved by the Building Commissioner. A permit from the
Building Commissioner is required and a fee will be charged.
5. Safe pedestrian circulation shall be provided between the temporary display area, main
building(s) and parking.
6. If located within a parking area, the remaining parking shall be sufficient to meet the
minimum parking requirements of Section 301.5 for the commercial use(s).
7. Location of temporary display shall not impede fire and public safety access or
circulation.
ARTICLE 15
162
residence. Family day care home shall not mean a private residence used for an informal
cooperative arrangement among neighbors or relatives, or the occasional care of children with
or without compensation.
FAMILY-RELATED ACCESSORY APARTMENT – a secondary, separate housekeeping unit
of limited size, with its own sleeping, cooking and sanitary facilities, which is located within,
attached to, or adjacent to a primary single-family dwelling unit. A family member shall be
related to the owner(s) by blood, marriage or law, or other long-term family-like relationship
that is care giving or parental in nature.
FARMERS’ MARKET – a predominantly local fresh food and produce market that operates
regularly at a public location which provides a suitable environment for local farmers and food
producers to sell their locally grown farm origin product and their associated value added locally
made primary products directly to customers.
FCC – Shall mean the Federal Communications Commission.
FISHING - Catching, harvesting, or taking of finfish, shellfish, lobsters, crabs, or other seafood from a
natural habitat.
FLICKER EFFECT – The apparent reflection or shadow visual impact of the moving turbine
blade when a wind turbine is operating.
GROSS FLOOR AREA – Shall be measured to the outside of the building with no deductions
for accessory unoccupied areas such as hallways, stairs, closets, thickness of walls, columns
or other such features.
GUESTHOUSE, INN, OR BED & BREAKFAST INN – A structure similar in character, both
interior and exterior, to a single-family dwelling, owner-occupied, in which overnight lodging is
offered in five (5) or fewer guest rooms.
GUEST UNIT – A room or suite of rooms in a hotel, motel, motor inn or guesthouse, suitable
for separate rental.
GUYED TOWER – A monopole or lattice tower that is tied to the ground or other surface by
diagonal cables.
HABITABLE ATTIC – A floor level situated wholly or partly under a sloping roof, suitable for a
dwelling unit or portion thereof, in which the ceiling area (in plan projection) at a height of at
least 7’-0” above the finish floor is not more than ½ the area (50%) of the floor level
immediately below. Floor space located where the ceiling height is less than 7’-0” shall not be
considered as part of the 50% calculation. A habitable attic shall meet all other applicable
requirements of the Massachusetts State Building Code.
HABITABLE STORY – That portion of a building included between the upper surface of a floor
and the upper surface of the floor or roof next above. Such a floor must be capable of
supporting the prescribed floor load for the use as designated in the Massachusetts State
Building Code.
HARDSHIP CULTIVATION REGISTRATION FOR MEDICAL MARIJUANA - means a
ART 14