HomeMy WebLinkAboutZoning Determination for Business Certificate App001\\t- { w.,rc.nun U',>V vt /
TOWN OF'YARMOUTH
BUILDING DEPARTMENT
I146 Route 28, South yarmouth, MA, 02664
(508) 398-2231 ext. t26t
relephone: 481,-D= ?D sB
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i1:tr" jilli Tflli;lli' cti:f#{ *[ zoNING DETERMINATI,N FoR BUsrNEss CERTIFICATE appLICATroN
The purpose of this form is to determine ifyour business complies with the Town ofyannouth Z,oning Bylaw. The applicantshall complete the top section of this form and fileit *i*r,ir," nr airg D"p;rr";;-o;e the Building Department hasmade a determination, it will be forwarded to the Town Cllrk.
The Building Department will render a determiaation based on the following factors: (a) The businesshae, activity, (b) Thezoning district in which the business is to be located. Altowed uses are i^"i i-ilriiniirw Table 202.5 and (c) previousor new zoning rclieffrom the Zoning Board ofAppeals.
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Description of Business Activity:
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The applicant acknowledg€s that a dsterm n will be made bydate. Ary changes in the bus
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all tivity will rcquire additional approval l'he applicant asrees to abide bv all conditionsreferred to b€low. Failure to ay resu in the revocation of the Business Certificate and/or appropriate Zoning Enforcement,should it be delemrined that the cs are -co liant.
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Approved: Comments and Conditions A
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Building Depadment Determination
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Building Offi cial's Signature:Date
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Name of Applicant:
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lf 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. ln addition to other applicable special
permit requirements, the following conditions also apply:o Limited to one ('l ) 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 Accessorv Scientific Uses. Uses, whether or not on the same parcel as activities
permitted as a malter 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 Disolav 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 fagade 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 Temporarv Commercial Outdoor Di olav. The Buildin g Commissioner may approve,S
through application and permit, Temporary Commercial Outdoor Displays to take place at
commercial establishments in the B1 and 82 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 1 7 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. lf 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.
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8. No cooking, display, or sale of food shall be allowed outdoors, except in accordance
with Board of Health Regulations.
9. Applicant shall provide a sketch plan to include, but not limited to, dimensions and
location of the temporary display area, building(s), parking spaces' pedestrian
circulation, lot lines, buffer areas and yard setbacks.
The Building Commissioner may require an applicant to go through the lnformal Site Plan
Review process, at his/her discretion, if deemed necessary to obtain input from other Town
Departments.
402 SINGLE & MULT!.FAMILY CLUSTER DEVELOPMENTS, PLANNED
RESIDENT]AL DEVELOPMENTS, AND CONGREGATE LIVING HOUSING
402.1 Defin itions
Single-family Cluster Development - a group of single-family dwellings on reduced sized lots,
with an area of dedicated common open space associated with the development.
Multi-family Cluster Development - a group of multi-family dwellings with an area of dedicated
common open space associated with the development. For the purposes of this section' a
two-family dwelling unit shall fall under the definition of a multi-family dwelling.
Planned Residential Development - a group of multi-family dwellings, or a mix of multi-family
and single family dwellings, along with one or more neighborhood convenience stores, as
specified below, with an area of dedicated common open space associated wit! lfe
development. For the purposes of this section, a two-family dwelling unit shall fall under the
definition of a multi-family dwelling.
congregate Living Housing - either a town operated, state or federally aided housing
development, or ii may be a self-contained retirement community on twenty (20) acres or more
of land, which consists of multi-family dwellings designed and reserved specifically to
accommodate the semi-independent elderly population. such multi-family housing shall
include group facilities for dining, food preparation and social interaction. For purposes of this
section, elderly shall mean those persons aged fifty-nine (59) or older'
Common Open Space - the area, no less than 30% of the total development acreage, which is
preserved for recreation and/or conservation, and does not include land designated for streets,
drives, sidewalks, parking areas, building lots, or non-functional areas, such as yards, space
between buildings, narrow strips, etc.
402.2 Obiectives. The objectives of all developments under this section are: to allow
relatively intensive use of land locally while not increasing the population density on a large
scale; to preserve open space for conservation and recreation; to introduce variety and choice
into residential development; to meet housing needs; and to facilitate economical and efficient
provision of public seryices. In the case of congregate living housing, it is the further objective
io provide housing for the elderly population who may not be capable of total independence
but are not in need of institutional living.
55
RECEiVED
MAY 29 2026
BUILDING DEPARTMENT
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Lauren Zack, Founder
169 Main Street
Yarmouth Port, MA
781-910-9058
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