401.1
Camping and Recreational Equipment.
401.1.1
At no time shall parked or stored camping and recreational equipment
be occupied or used for living, sleeping or housekeeping purposes.
401.1.2
If camping or 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 unloading.
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 facade 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.
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.
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The Building Commissioner may require an applicant to go through
the Informal Site Plan Review process, at his/her discretion, if deemed
necessary to obtain input from other Town Departments.
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402.1
COMMON OPEN SPACE
CONGREGATE LIVING HOUSING
MULTI-FAMILY CLUSTER DEVELOPMENT
PLANNED RESIDENTIAL DEVELOPMENT
SINGLE-FAMILY CLUSTER DEVELOPMENT
Definitions.
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.
Either a town operated, state or federally aided housing
development, or it 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.
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.
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 with the development. For the purposes of this section,
a two-family dwelling unit shall fall under the definition of a multi-family
dwelling.
A group of single-family dwellings on reduced sized lots,
with an area of dedicated common open space associated with the development.
402.2
Objectives. 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 services.
In the case of congregate living housing, it is the further objective
to provide housing for the elderly population who may not be capable
of total independence but are not in need of institutional living.
402.3
Applicability. A Special Permit to allow the
use of land for any development outlined in this section may be granted
by the appropriate authority with the uses and dimensional requirements
as specified below in lieu of those elsewhere specified in this bylaw,
provided that all regulations and procedures are complied with.
Section 402 shall not be applicable to projects developing or
redeveloping under Section 414, VCOD.
402.4
Permit Granting Authority. A Special Permit
for a Single-Family Cluster Development or a Planned Residential Development
may be issued by the Planning Board. A Special Permit for a Multi-Family
Cluster Development or a Congregate Living Housing Development may
be issued by the Board of Appeals.
402.5
General Application Procedures.
402.5.1
Preapplication Review. Applicants are required to submit preliminary
material for review by the Site Plan Review Team under section 103.3,
prior to formal application, in order to avoid the discovery of fundamental
problems with a proposed plan at the time of the public hearing on
the granting of a special permit. Preliminary subdivision plans, if
any, should be submitted to the appropriate permit granting authority
prior to application for a special permit.
402.5.2
Application. Applicants for a special permit under this section
shall submit to the appropriate permit granting authority (1) copy
of an application and fifteen (15) copies of the overall development
plan.
402.5.3
Overall Development Plan. The overall development plan for any
development under this section shall include all information required
for a Definitive Subdivision Plan, as outlined in the Yarmouth Planning
Board's Rules & Regulations Governing the Subdivision of
Land, section 3.4.2. In addition, the development plan must indicate:
proposed land and building uses; proposed building locations and dimensions;
any required yards or setback area; location and boundaries of common
open space and area calculations; parking areas and calculations,
areas of proposed and retained vegetation, and; sewage facilities.
402.5.4
Other Materials. The application materials shall indicate each
landowner's interest in the land to be developed, the firm or
organization proposed to own and maintain the common open space, the
substance of covenants and grants of easement to be imposed upon the
use of land and structures, and a development schedule.
402.5.5
Review and Decision. Upon their receipt of application and required
plans, the permit granting authority shall transmit one (1) copy of
each to the Board of Health, the Conservation Commission, the Town
Engineer, the Water Department, the Building Commissioner, the Fire
Chief, and the Planning Board, if applicable. Within thirty-five (35)
days of receipt of the application by the agencies named above, reports
shall be submitted to the permit granting authority, which shall make
no decision until receipt of all such reports or until the expiration
of thirty-five (35) days following receipt of the application by those
agencies.
402.5.6
Criteria for Approval. Approval of a cluster development or
a planned residential development shall be granted upon a determination
by the Permit Granting Authority that the plan furthers the objectives
stated in section 402.2 and complies with the requirements of section
402.5 and that the plan enhances the preservation of open space for
conservation or recreation; utilizes natural features of the land;
and allows more efficient operation of streets, public utilities and
other public services. In addition, there shall be minimum disruption
of established neighborhoods, especially with regard to unusually
heavy traffic, visual impact, etc.
402.6
General Regulations and Requirements. The
following regulations and requirements are applicable for all the
development types found in this section.
402.6.1
The development plan shall encompass land which is contiguous,
and of area at least ten (10) times the minimum single family lot
area required in that zone.
402.6.2
Common open space shall be preserved for recreation or conservation
and shall include not less than thirty percent (30%) of the land area
within the development plan. Such open space shall either be conveyed
to the town and accepted by it for park or open space use or be conveyed
to a nonprofit corporation or trust, owned, or to be owned, by the
owners of the lots or residential units within the plan. If such a
corporation or trust is utilized, ownership thereof shall pass with
conveyance of the lots or residential units. In any case where such
land is not conveyed to the town, a restriction enforceable by the
town shall be recorded, providing that such land be kept in an open
or natural state and not be built upon or developed for accessory
uses such as parking or roadway, and the town shall be granted a perpetual
easement over the land sufficient to ensure its perpetual maintenance
as conservation or recreation land. Such open space shall be delineated
on the plan.
402.6.3
All developments shall be designed and built in accordance with
the Yarmouth Planning Board's Rules and Regulations Governing
the Subdivision of Land, as amended.
402.6.4
Sewage disposal shall be in accordance with all applicable requirements
of Massachusetts General Law and Board of Health regulations, as amended.
402.6.5
Parking shall be in accordance with section 301 of this bylaw.
Parking lots shall be designed, built, and screened in the manner
outlined in section 301 for commercial parking lots, regardless of
the number of parking spaces.
402.6.6
Other than for those properties to which Section 404 applies,
no multi-family structure shall contain more than twenty (20) dwelling
units. In the case of congregate living housing, this requirement
may be waived if the Board of Appeals specifically finds that there
is sufficient buffering to prevent a larger building from being disruptive
to the character of surrounding neighborhoods. In the case of congregate
living housing on properties to which Section 404 applies, this requirement
may be waived if the Planning Board specifically finds that there
is sufficient buffering to prevent a larger building from being disruptive
to the character of surrounding neighborhoods.
402.6.7
Other than for those properties to which Section 404 applies,
multi-family dwellings shall be located not less than one hundred
fifty (150) feet from any wetland or land subject to flooding. Single-family
dwellings shall be no less than one hundred (100) feet away.
402.6.8
Occupancy permits for any structure shall be granted only in
accordance with the requirements of section 103.3.6 of this bylaw.
402.6.9
Long-term Compliance. Subsequent to approval of a development
under this section, no land therein shall be sold and no lot line
or structure altered from that shown on the overall development plan
so as to increase the extent of nonconformity with the standard dimensional
regulations of this bylaw (see section 203). Prior to sale of any
lot within a cluster development or a Planned Residential Development,
or issuance of a building permit for construction therein, such lots
shall be shown on a plan recorded in the Registry of Deeds or registered
with the Land Court, which plan shall make references to the recorded
land agreements referred to in section 402.6.2. Unless the Special
Permit granting authority has specifically approved staged development,
such plan shall show all lots to be included in the development.
402.7
Special Requirements - Single and Multi-Family Cluster
Developments and Planned Residential Developments.
402.7.1
Number of Dwelling Units. The maximum number of dwelling units
allowed shall be calculated by dividing the area of developable land
in the tract by the minimum lot size specified in section 203.5 for
a single family dwelling in that district. The developable land is
the total tract minus: wetlands; ninety percent (90%) of the land
area in existing utility easements, and; land which does not meet
state or local health regulations for septic systems. For this purpose,
any land designated on the U.S. Department of Agriculture Soil Conservation
maps as having severe limitations for septic systems shall, without
proof to the contrary, be deemed as not meeting these criteria.
402.7.2
Allowable Uses. Single-family cluster developments, multi-family
cluster developments, and planned residential developments may be
allowed by special permit in all residential districts, except RS-40,
as well as in B1 and B2 districts, as shown in section 202.5. Planned
residential developments, as defined in section 402.1, may include
neighborhood convenience stores, provided that: the gross commercial
floor area shall not exceed five percent (5%) of the gross residential
floor area, or five thousand (5000) square feet, whichever is less;
the stores are attractively designed as an integral part of the overall
development; provision is made for their continued maintenance and
operation for the benefit of residents in the development; and they
be so located that residents of the neighborhood outside of the development
may use them without disturbing normal traffic patterns within the
development, infringing on parking spaces reserved for the use of
residents of the development, or unduly disturbing the amenities of
those residences.
402.7.3
Dimensional requirements.
402.7.3.1
Single-family cluster development:
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Minimum Lot Size
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10,000 sq. ft.
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Minimum Lot Width at Proposed Building Line
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100 ft.
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Minimum Frontage
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100 ft.*
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Minimum Front Yard
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25 ft.
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Minimum Side Yard
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12 ft.
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Minimum Rear Yard
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20 ft.
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Maximum Lot Coverage
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25%
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Maximum Height:
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Floors
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See Section 203.4
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Feet
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See Section 203.4
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Setback from boundary of development: No dwelling within
a cluster development may come closer to the boundary of the development
than fifty (50) feet. No accessory structure shall be placed within
30 feet of the front lot line, within 10 feet of a side lot line,
or within 12 feet of any other building. Accessory structures of up
to 150 square feet may not be placed closer than 10 feet from a rear
lot line. Accessory structures of 150 square feet or more may not
be placed closer than 20 feet from a rear lot line.
* The minimum required frontage may be reduced to fifty (50)
feet if the lot is capable of containing a square, each side of which
is 100 ft. No point on any side of the requisite square shall exceed
a distance from the street greater than 250 feet.
402.7.3.2
Multi-Family Cluster Development or Planned Residential Development:
1.
Single family dwellings in a planned residential development shall
be on lots and conform to the requirements of section 402.7.3.1, above.
2.
Multi-family buildings shall conform to the setback requirements
stated below. The absence of reference to lots for multi-family dwellings
shall not prohibit a building or dwelling unit from being shown on,
or associated with, a lot or lots.
3.
The minimum building setback from streets, ways or parking areas
shall be the greater of one (1) times the building height or twenty
five (25) feet. The minimum distance between buildings shall be the
greater of the sum of the heights of the buildings measured from the
average ground level at the side between said buildings or thirty
five (35) feet.
4.
The permitting authority may reduce these dimensional requirements
upon clear demonstration that the proposed development offers exceptional
advantages. In no case shall an exception be granted to increase the
allowable density of a cluster or planned residential development.
402.8
Special Requirements - Congregate Living Housing Developments.
402.8.1
Congregate living housing shall be made up of one (1) or two
(2) bedroom units. Such units shall be designed to accommodate one
(1) or two (2) elderly persons. Aside from the bedroom(s) and bath(s),
the unit may have, but is not required to have, a small kitchen and/or
small living room. Congregate living housing shall have no more than
twenty percent (20%) two (2) bedroom units. The number of congregate
dwelling units allowed shall be the number allowed for other cluster
developments, as stated in section 402.7.1, except that the following
bonus may be allowed: an increase in the maximum number of congregate
dwelling units equal to the percentage of one (1) bedroom congregate
living units in the development.
403.1
Purpose: The purpose of the Flood Area Provisions
is to protect the public health, safety, and general welfare, and
to minimize the harmful impacts of flooding upon the community by:
1.
Reducing threats to life and personal injury.
2.
Minimizing new hazards for emergency response officials.
3.
Reducing or preventing damage to public and private property, infrastructure,
and utility services caused by flood waters.
4.
Reducing or eliminating costs associated with cleanup and repairs
caused by flooding.
403.2
Development - All applicable development and
uses in all Flood Zones A and V, as identified on Federal Emergency
Management Agency (FEMA) Flood Insurance Rate Map (FIRM) panels, whether
permitted as a matter of right, by special permit, or by variance,
shall meet the effective provisions of 780CMR (State Building Code).
These maps are on file in the Building Division, the Engineering Division,
the Planning Division, and the Town Clerk.
403.3
General Provisions:
1.
Abrogation and Greater Restriction: The floodplain
management regulations found in these Flood Area Provisions shall
take precedence over any less restrictive conflicting local laws,
ordinances or codes.
2.
Disclaimer of Liability: The degree of flood
protection required by this bylaw is considered reasonable but does
not imply total flood protection.
3.
Severability: If any section, provision or
portion of this bylaw is deemed to be unconstitutional or invalid
by a court, the remainder of the bylaw shall still be effective.
403.4
Designation of Community Floodplain Administrator: The position of Building Commissioner is designated as the official
Floodplain Administrator for the Town of Yarmouth.
403.5
Floodway Data. In Zone AE, along watercourses
that have not had a regulatory floodway designated, the best available
Federal, State, local, or other floodway data shall be used to prohibit
encroachments in floodways which would result in any increase in flood
levels within the community during the occurrence of the base flood
discharge.
403.6
Unnumbered A Zones: In A Zones, in the absence
of FEMA Base Flood Elevation (BFE) data and floodway data, the building
department will obtain, review and reasonably utilize base flood elevation
and floodway data available from a Federal, State, or other source
as criteria for requiring new construction, substantial improvements,
or other development in Zone A as the basis for elevating residential
structures to or above base flood level, for floodproofing or elevating
nonresidential structures to or above base flood level, and for prohibiting
encroachments in floodways.
403.7
Submission of New Technical Data: If the Town
of Yarmouth acquires data that changes the base flood elevation in
the FEMA mapped Special Flood Hazard Areas, the Conservation Administrator
will, within 6 months, notify FEMA of these changes by submitting
the technical or scientific data that supports the change(s).
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Notification shall be submitted to:
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FEMA Region I Risk Analysis Branch Chief
99 High St., 6th floor
Boston, MA 02110
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And copy of notification to:
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Massachusetts Department of Conservation and Recreation
251 Causeway Street, Suite 600-700
Boston, MA 02114
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403.8
Notification of Watercourse Alteration. In
a riverine situation, the Conservation Administrator, shall notify
the following of any alteration or relocation of a watercourse:
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•
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Adjacent Communities
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•
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NFIP State Coordinator
Massachusetts Department of Conservation and Recreation
251 Causeway Street, Suite 600-700
Boston, MA 02114-2104
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•
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NFIP Program Specialist
Federal Emergency Management Agency, Region I
99 High Street, 6th Floor
Boston, MA 02110
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403.9
Use Regulations.
1.
Within Zones AO and AH on the FIRM, adequate drainage paths must
be provided around structures on slopes, to guide floodwaters around
and away from proposed structures.
2.
Man-made alteration of sand dunes within Zones VE and V which would
increase potential flood damage are prohibited.
3.
All new construction within Zones VE and V must be located landward
of the reach of mean high tide.
403.10
Recreational Vehicles in a Flood District: In AH, AE Zones, VE, and V Zones, all recreational vehicles to be
placed on a site must be:
403.11
Permits Required in Floodplain Districts:
1.
Under separate processes, the Town of Yarmouth requires Building
and/or Conservation permit or permits for all proposed construction
or other development in the floodplain overlay districts, including
new construction or changes to existing buildings, placement of manufactured
homes, placement of agricultural facilities, filling and grading,
fences, sheds, storage facilities or drilling, mining, paving and
any other development that might increase flooding or adversely impact
flood risks to other properties.
2.
The Town of Yarmouth requires project proponents to acquire all local,
state and federal permits necessary for development in the floodplain
overlay district, and certify that all necessary permits have been,
or will be acquired prior to start of construction.
403.12
Variances to Building Code Floodplain Standards:
1.
Variances to the flood-resistant standards as found in the MA State
Building Code may only be issued by the MA State Building Code Appeals
Board.
2.
For issued Variances, the Town of Yarmouth will request from the
MA State Building Code Appeals Board written and/or audible copy of
the portion of the hearing related to the variance, and will maintain
this record in the community's files.
3.
The Town shall also issue a letter to the property owner regarding
potential impacts to the annual premiums for the flood insurance policy
covering that property, in writing over the signature of a community
official stating that:
4.
Such notification shall be maintained with the record of all variance
actions for the referenced development in the floodplain overlay district.
403.13
Variances from Section 403: A variance
from these floodplain bylaws must meet the requirements set out by
State law, meet the Variance criteria per Section 102.2.2, and may
only be granted if:
1.
good and sufficient cause and exceptional non-financial hardship
exists; and
2.
the variance will not result in additional threats to public safety,
extraordinary public expense, or fraud or victimization of the public;
and
3.
the variance is the minimum action necessary to afford relief; and
4.
any required or applicable variances from the MA State Building Code
Appeals Board have been obtained.
403.14
DEVELOPMENT
FLOODWAY
FUNCTIONALLY DEPENDENT USE
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(a)
(b)
(c)
(d)
NEW CONSTRUCTION
RECREATIONAL VEHICLE
(a)
(b)
(c)
(d)
REGULATORY FLOODWAY
SPECIAL FLOOD HAZARD AREA
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL REPAIR OF A FOUNDATION
VARIANCE
VIOLATION
Flood
District Definitions: The following Definitions apply
specifically to these Flood Area Provisions and the Floodplain Zones.
means any man-made change to improved or unimproved real
estate, including but not limited to building or other structures,
mining, dredging, filling, grading, paving, excavation or drilling
operations or storage of equipment or materials. [US Code of Federal
Regulations, Title 44, Part 59]
means the channel of the river, creek or other watercourse
and the adjacent land areas that must be reserved in order to discharge
the base flood without cumulatively increasing the water surface elevation
more than a designated height. [Base Code, Chapter 2, Section 202]
means a use which cannot perform its intended purpose unless
it is located or carried out in close proximity to water. The term
includes only docking facilities, port facilities that are necessary
for the loading and unloading of cargo or passengers, and ship building
and ship repair facilities, but does not include long-term storage
or related manufacturing facilities. [US Code of Federal Regulations,
Title 44, Part 59] Also [Referenced Standard ASCE 24-14]
means the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure. [US
Code of Federal Regulations, Title 44, Part 59]
means any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
Structures for which the start of construction commenced
on or after the effective date of the first floodplain management
code, regulation, ordinance, or standard adopted by the authority
having jurisdiction, including any subsequent improvements to such
structures. New construction includes work determined to be substantial
improvement. [Referenced Standard ASCE 24-14]
means a vehicle which is:
Built on a single chassis;
400 square feet or less when measured at the largest horizontal
projection;
Designed to be self-propelled or permanently towable by a light
duty truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
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[US Code of Federal Regulations, Title 44, Part 59]
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see FLOODWAY.
means the land area subject to flood hazards and shown on
a Flood Insurance Rate Map or other flood hazard map as Zone A, AE,
A1-30, A99, AR, AO, AH, V, VO, VE or V1-30. [Base Code, Chapter 2,
Section 202]
The date of issuance for new construction and substantial
improvements to existing structures, provided the actual start of
construction, repair, reconstruction, rehabilitation, addition, placement
or other improvement is within 180 days after the date of issuance.
The actual start of construction means the first placement of permanent
construction of a building (including a manufactured home) on a site,
such as the pouring of a slab or footings, installation of pilings
or construction of columns.
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Permanent construction does not include land preparation (such
as clearing, excavation, grading or filling), the installation of
streets or walkways, excavation for a basement, footings, piers or
foundations, the erection of temporary forms or the installation of
accessory buildings such as garages or sheds not occupied as dwelling
units or not part of the main building. For a substantial improvement,
the actual "start of construction" means the first alteration of any
wall, ceiling, floor or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
[Base Code, Chapter 2, Section 202]
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means, for floodplain management purposes, a walled and roofed
building, including a gas or liquid storage tank, that is principally
above ground, as well as a manufactured home. [US Code of Federal
Regulations, Title 44, Part 59]
When work to repair or replace a foundation results in the
repair or replacement of a portion of the foundation with a perimeter
along the base of the foundation that equals or exceeds 50% of the
perimeter of the base of the foundation measured in linear feet, or
repair or replacement of 50% of the piles, columns or piers of a pile,
column or pier supported foundation, the building official shall determine
it to be substantial repair of a foundation. Applications determined
by the building official to constitute substantial repair of a foundation
shall require all existing portions of the entire building or structure
to meet the requirements of 780 CMR. [As amended by MA in 9th Edition
BC]
means a grant of relief by a community from the terms of
a flood plain management regulation. [US Code of Federal Regulations,
Title 44, Part 59]
means the failure of a structure or other development to
be fully compliant with the community's flood plain management
regulations. A structure or other development without the elevation
certificate, other certifications, or other evidence of compliance
required in § 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2),
(e)(4), or (e)(5) is presumed to be in violation until such time as
that documentation is provided. [US Code of Federal Regulations, Title
44, Part 59]
404.1
Motels in the Hotel/Motel Overlay District 1 (HMOD1).
404.1.1
Goals and Purposes in the HMOD1. During
the 1950's and 60's, the Town of Yarmouth became a popular
summer destination with the construction of many traditional seasonal
motels and hotels along Route 28. Since that time, many of these properties
have fallen into disrepair and opportunities for their redevelopment
have been limited and constrained by existing zoning regulations regarding
use, lot size and density. It is the intent of this section to remedy
these difficulties for property owners by:
1.
Providing a carefully controlled mechanism that promotes public welfare,
community and economic opportunities, including business and housing,
through the redevelopment of motel properties into new commercial,
mixed, and/or multifamily housing uses, while on the one hand preserving
and enhancing the ambiance of our historic community, and on the other,
providing for safe living, eating and cooking facilities within housing
units;
2.
Allowing and encouraging mixed use buildings with residential use
over retail, commercial, and/or office uses;
3.
Allowing for the creation and/or redevelopment of multiple units
on a single lot, consisting of commercial space, and singles, duplexes,
townhouses, and apartments, non-year-round vacation dwelling units,
and affordable housing;
4.
Providing the owners of applicable properties with the ability to
improve, renovate, and/or replace their properties to maximize the
uses of limited lot size by easing bulk regulations and allowing for
an increase in density.
404.1.2
Applicability in the HMOD1. The provisions of this subsection
shall apply to those properties or lots which are within the Hotel/Motel
Overlay District 1 (HMOD1) for which a motel or lodging license has
been issued, pursuant to M.G.L. c. 140, § 32B, prior to
and is in effect on April 11, 2006 or was issued a motel or lodging
license after April 11, 2006 ("Applicable Property").
Properties that meet the specific applicability requirements
of Section 404.1.2 may acquire and combine adjacent parcel(s) located
within the HMOD1 zoning overlay district that do not meet the applicability
requirements of Section 404.1.2, and develop the entire combined site
under Section 404.1 provided the total of the additional parcels are
no more than 100% of the area of the original applicable property.
(Example: A 1.0 acre applicable motel property may add up to an additional
1.0 acre of non-applicable property or properties in the HMOD1 to
the original 1.0 acre and develop the entire 2.0 acres under Section
404.1).
404.1.3
Project Approval in the HMOD1. The creation
of commercial uses, office uses, motel uses and housing, as subsequently
defined, on the same lot shall be permitted if all specific provisions
of this section are met.
Projects meeting all of the specific provisions of this section
shall be deemed to meet the criteria for as-of-right development on
those properties to which this section applies and may be approved
by the Building Commissioner. Projects which do not meet the criteria
for as-of-right development on those properties to which this section
applies, or requires a Special Permit for use as described in Section
202.5, or which requires a Special Permit for non-conformity pursuant
to Section 104.3, can be approved through issuance of a Special Permit
by the Yarmouth Planning Board.
404.1.4
Change, Extension or Alteration of Motels in the HMOD1. Lawfully
pre-existing non-conforming structures to which this section applies,
and lawfully pre-existing structures located on non-conforming lots
to which this section applies, may be altered, extended or razed and
replaced, by right, provided the alteration, extension or raze and
replacement complies with the provisions of this section, and satisfies
the requirements of the Site Plan Review Team.
404.1.5
The provisions of the Table of Dimensional Requirements in Section
203.5 shall continue to apply to the applicable properties in the
HMOD1 to which this section applies, unless specifically addressed
in section 404.1.11.
404.1.6
Any property owner or agent thereof who seeks a change, extension,
alteration or to raze and replace a building and/or property to which
this section applies shall be subject to Site Plan Review, as referred
to in section 103.3. In the case of land or buildings subject to this
section, no occupancy permit for full or partial occupancy of the
site shall be issued until all required site improvements serving
the structure to be occupied have been completed. This requirement
shall apply to any project for which changes or alterations, whether
interior and/or exterior, are sought. Development and redevelopment
of buildings and sites are subject to the provisions of the Yarmouth
Architectural and Site Design Standards (Standards), as outlined in
section 103.4. The Standards are to be applied to an entire site,
including the landscape, parking, lighting, signs, buffers and all
existing and new buildings and structures on a site; it is not the
intent of the Standards to allow a partial site compliance.
404.1.7
Lighting. Exterior lighting shall meet
the requirements of Section 301 - Parking and Loading Requirements.
404.1.8
Top Of The Shop And Multi-Family Housing in the HMOD1. Any housing created at an applicable property must be created by
virtue of a Raze and Replacement or new construction and may not be
created by utilizing the existing motel structures, and must comply
with the requirements of this section.
404.1.8.1
Minimum Dwelling Unit (DU) Size in the HMOD1. The minimum square footage of any housing created pursuant to Section
404.1 of this Bylaw, shall be a minimum of 600 square feet.
404.1.8.2
Allowed Residential Densities and the Affordable Housing Requirement
in the HMOD1. For purposes of this subsection, there will be an allowed
density of up to 16 dwelling units per acre as long as affordable
housing units, as defined in Section 500, are provided at the following
rates:
|
Units per Acre
|
Affordable Units per Acre
|
|---|---|
|
1-4
|
0
|
|
5-7
|
1
|
|
8-11
|
2
|
|
12-15
|
3
|
|
16
|
4
|
Through a Special Permit from the Planning Board, an
increase in allowed density of up to 20 units per acre may be granted,
provided that 50% of the additional units beyond 16 units per acre
shall be affordable housing units. The required number of affordable
units shall be rounded up.
The purpose and Intent of the affordable housing requirement
is to encourage development of new housing that is affordable to low-
and moderate-income households. At a minimum, affordable housing produced
through this regulation should be in compliance with the requirements
set forth in M.G.L. c. 40B, § 20 - 23 and other affordable
housing programs developed by state, county and local government.
It is intended that the affordable housing units that result from
this bylaw be considered Local Action Units, in compliance with the
requirements for the same, as specified by section 412 of this Zoning
Bylaw.
For purposes of determining density of applicable properties
in the HMOD1 upon which mixed use developments are created containing
both housing and motel uses, the density of the housing units shall
be determined by reducing the total square footage of lot area of
the applicable property by 1,000 square feet per motel guest unit,
and then calculating the density as displayed in Sections 404.1.8.2
of this section.
404.1.9
Maximum Building Coverage in the HMOD1. For any property to
which this subsection applies, Building coverage shall be as outlined
in Zoning Bylaw section 203.5 for properties in the HMOD1.
404.1.10
Maximum
Allowed Heights in the HMOD1. For any property to which this subsection
applies, the maximum building height shall be as follows:
404.1.10.1
On a single parcel or combined parcels in the HMOD1 having a
minimum of 100,000 square feet of contiguous upland area, the maximum
building height of properties to which this section applies shall
be as follows:
|
•
|
45 feet height with a maximum of 3 stories, as measured from
average natural grade at the front of the foundation side facing Route
28, with a maximum of 3 stories, all of which may be habitable and
none of which must comply with the definition of habitable attic.
At no time shall the number of floors be allowed to exceed three regardless
of the number of stories used for commercial purposes;
|
|
•
|
Building eave or cornice heights shall not exceed 30 feet from
bottom of eave/cornice to the average finished grade at the foundation
side facing Route 28;
|
|
•
|
35 feet maximum height within 50 feet of adjoining residential
zoning districts or from Route 28.
|
404.1.10.2
On a parcel in the HMOD1 having less than 100,000 square feet
of contiguous upland area, the maximum building height shall be 35
feet high, as measured from average natural grade at the front of
the foundation side facing the street, with a maximum of 3 stories,
all of which may be habitable and none of which must comply with the
definition of habitable attic. At no time shall the number of floors
be allowed to exceed three regardless of the number of stories used
for commercial purposes.
404.1.10.3
For the creation of new hotels on a single parcel or combined
parcels in the HMOD1 having a minimum of 2 acres of contiguous upland
area, and for projects that will be a complete raze and replace of
existing buildings, the maximum building height of properties to which
this section applies shall be as follows:
|
•
|
45 feet maximum height, as measured from average natural grade
at the front of the foundation side facing Route 28, with a maximum
of 4 stories, any or all of which may be habitable and none of which
must comply with the definition of habitable attic. Setbacks for the
building of this height must meet Section 203.5 (Table of Dimensional
Requirements) and be a minimum of 50' from adjoining residential
zoning districts or Route 28;
|
|
•
|
Building eave or cornice heights shall not exceed 40 feet from
the bottom of eave/cornice to average finished grade at the foundation
side facing Route 28;
|
|
•
|
35 feet maximum height within 50 feet of adjoining residential
zoning districts or from Route 28.
|
404.1.11
Setbacks in the HMOD1. Section 203.5
shall apply, except that the setbacks from an existing lot-line at
the property may be maintained for structures with a maximum height
of 35'. For any expansion of the pre-existing footprint, that
new portion of the structure shall comply with the provisions of Section
203.5. For all other structures on applicable properties in the HMOD1,
the setbacks for such properties shall comply with the provisions
of Section 203.5.
In addition, for purposes of any housing involving more than
one building on lot, no building need be more than 12 feet from any
other building on the same lot. Also, no structure which abuts a residentially
zoned parcel or Route 28 may exceed 35 feet in height, unless that
portion of the structure which does exceed 35 feet is located 50 feet
from the abutting residentially zoned parcel or Route 28.
404.1.12
Motel Conversions in the HMOD1. Deleted
(ATM 05/05/18). Lawfully pre-existing uses and structures shall be
governed by Section 104.3 of the Zoning Bylaw.
404.1.13
Deleted (ATM 04/02/2012).
404.1.14
Kitchens. Guest units with a minimum of 600 square feet may
have a full kitchen.
404.2
Motels in the Hotel/Motel Overlay District 2 (HMOD2).
404.2.1
Goals and Purposes in the HMOD2. South Shore Drive is a traditional
seaside motel area located in a residential zoning district. It is
the intent of this bylaw to provide South Shore Drive motel owners
with the ability to renovate, reconstruct and/or replace their properties
by right and by doing so, encourage improvement of this unique waterfront
lodging area to benefit the town and to meet the needs of today's
travelers.
404.2.2
Applicability in the HMOD2. The provisions of this subsection
shall apply to those properties or lots which are within the Hotel/Motel
Overlay District 2 (HMOD2) for which a motel license has been issued,
pursuant to M.G.L. c. 140, § 32B, or an Innkeeper's
License, prior to and is in effect on April 08, 2008 ("Applicable
Property").
Any property on a lot within the HMOD2 for which a common victualler's
license has been issued and which was in effect on April 11, 2006
shall be considered an Applicable Property.
404.2.3
Project Approval in the HMOD2. The lawful use of any structure
or land in the HMOD2, existing at the time of enactment or subsequent
amendment of this section of the bylaw may be continued, although
such structure or use does not conform with any other provision of
the zoning bylaw.
Projects meeting all the criteria for as-of-right development
on those properties to which this section applies will be approved
by the Building Commissioner. Projects which do not meet the criteria
for as-of-right development on those properties to which this section
applies or require a Special Permit for use as described in Section
202.5 or which require a Special Permit for non-conformancy pursuant
to Section 104.3 can be approved through issuance of a Special Permit
by the Yarmouth Planning Board.
404.2.4
Change, Extension or Alteration of Motels in the HMOD2. Lawfully
pre-existing non-conforming structures to which this section applies,
and lawfully pre-existing structures located on non-conforming lots
to which this section applies, may be altered, extended or razed and
replaced, by right, provided the alteration, extension or raze and
replacement complies with the provisions of this section, and satisfies
the requirements of the Site Plan Review Team.
404.2.5
The provisions of the Table of Dimensional Requirements in Section
203.5 shall continue to apply to the applicable properties in the
HMOD2 to which this section applies, unless specifically addressed
in this section.
404.2.6
Any property owner or agent thereof who seeks a change, extension,
alteration or to raze and replace a building and/or property to which
this section applies shall be subject to Site Plan Review, as referred
to in section 103.3. In the case of land or buildings subject to this
section, no occupancy permit for full or partial occupancy of the
site shall be issued until all required site improvements serving
the structure to be occupied have been completed. This requirement
shall apply to any project for which changes or alterations, whether
interior and/or exterior, are sought. Development and redevelopment
of buildings and sites are subject to the provisions of the Yarmouth
Architectural and Site Design Standards (Standards), as outlined in
section 103.4. The Standards are to be applied to an entire site,
including the landscape, parking, lighting, signs, buffers and all
existing and new buildings and structures on a site; it is not the
intent of the Standards to allow a partial site compliance.
404.2.7
Lighting. No development in the HMOD2 shall be illuminated in
such a way that causes glare for motorists, pedestrians or neighboring
premises. Exterior lighting shall meet the requirements of Section
301 - Parking and Loading Requirements.
404.2.8
Maximum Building Coverage. Building Coverage shall be as outlined
in section 203.5 for all properties in the HMOD2.
404.2.9
Maximum Allowed Heights in the
HMOD2. For applicable properties in the HMOD2, maximum building heights
shall be as follows:
1.
On a parcel or contiguous parcels in the HMOD2, owned by an entity,
or operated under common management as of April 8, 2008, having a
combined minimum of 100,000 square feet of contiguous area, not including
any parcels divided by a public way, the maximum building height of
hotels or motels shall be:
a.
48 feet high with a maximum of 4 stories, any or all of which may
be habitable. Height shall be measured from the existing average natural
grade at the street side of the foundation, as said natural grade
was existing on April 8, 2008. If the building is located in a FEMA
Flood Zone AE, height shall be measured from 1 foot above Base Flood
Elevation (BFE). If the building is located in a FEMA Flood Zone AO,
height shall be measured from 1 foot above the Depth of Water shown
on the Flood Insurance Rate Maps, measured from the average natural
grade at the front face of the building foundation. If located in
a FEMA Flood Zone VE, height shall be measured from the top of "freeboard",
as defined in the Massachusetts Building Code 780 CMR (as amended).
b.
35 feet maximum within 50 feet of the property line of any adjoining
non-motel residential use not owned, managed or controlled by that
entity. Height shall be measured from average natural grade at the
street side of the foundation, as said natural grade was existing
on April 8, 2008, with a maximum of 3 stories, any or all of which
may be habitable. If the building is located in a FEMA Flood Zone
AE, height shall be measured from 1 foot above Base Flood Elevation
(BFE). If the building is located in a FEMA Flood Zone AO, height
shall be measured from 1 foot above the Depth of Water shown on the
Flood Insurance Rate Maps, measured from the average natural grade
at the front face of the building foundation. If located in a FEMA
Flood Zone VE, height shall be measured from the top of "freeboard",
as defined in the Massachusetts Building Code 780 CMR (as amended).
2.
On a parcel or contiguous parcels in the HMOD2 having less than 100,000
square feet of contiguous area, not including any parcels divided
by a public way, the maximum building height of motels shall be 35
feet high, measured from the average natural grade at the street side
of the foundation, with a maximum of 3 stories, any or all of which
may be habitable.
3.
On a parcel in the HMOD2 on which any other applicable property is
located, the maximum building height shall be 35 feet high, measured
from the average natural grade at the street side of the foundation,
with a maximum of 2 habitable stories.
404.2.10
Setbacks in the HMOD2. For any applicable property to which
a change, alteration or raze and replace shall occur, and which structure
will be a maximum of 35 feet, or less, in height, the setbacks recited
in Section 203.5 shall apply, except that the setbacks from an existing
lot-line at the property may be maintained. For any expansion of the
pre-existing footprint, that new portion of the structure shall comply
with the provisions of Section 203.5. For all other structures on
applicable properties, the setbacks for such properties shall comply
with the provisions of Section 203.5 for the R25 Zoning District.
404.2.11
Deleted (ATM 04/02/2012).
404.2.12
Kitchens. Guest units with a minimum of 600 square feet may
have a full kitchen.
404.2.13
Accessory Uses. Motels may include incidental and accessory
uses, primarily for guests, which may include, but not limited to:
pools, beach cabanas, restaurants, cafes, conference & meeting
rooms, bars, gift shops, apparel shops, beauty & barber shops,
game rooms, and laundromats. Accessory uses shall be secondary to
normal motel operations.
404.2.14
(Deleted ATM, 05-04-2009).
404.3
Extended Stay Hotels:
404.3.1
Purpose: The purpose of this bylaw is
to permit the development of extended stay hotels to safely accommodate
longer stays for hotel guests in accordance with minimum operational
standards.
404.3.2
Design Review and Site Plan Review: Formal
Design Review is required and adherence to the Yarmouth Architectural
and Site Design Standards are mandatory. Formal Site Plan Review is
required.
404.3.3
HMOD1 & HMOD2: Full redevelopment
and replacement of an existing motel/hotel on a property meeting the
Applicability criteria under 404.1 - Motels in the Hotel/Motel Overlay
District 1 (HMOD1), or under 404.2 - Motels in the Hotel/Motel Overlay
District 2 (HMOD2), into an Extended Stay Motel, may be developed
under Section 404 - Motels, if they also meet all of the criteria
contained in section 404.3 for Extended Stay Hotels.
404.3.4
Building Height: Height of Extended Stay
Hotels shall adhere to Section 203.4.2 - Table of Maximum Building
Height, or if applicable, section 404.1 or 404.2.
404.3.5
Dimensional Requirements: Dimensional
Requirements for Extended Stay Hotels shall be the same as for motels/hotels
and shall adhere to Section 203.5 - Table of Dimensional Requirements,
or if applicable, section 404.1 or 404.2.
404.3.6
Parking and Loading Requirements: Parking
and Loading requirements for Extended Stay Hotels shall adhere to
Section 301 - Parking and Loading Requirements.
404.3.7
Signs: Signs for extended stay hotels
shall adhere to section 303 - Signs.
404.3.8
Operational Standards for Extended Stay Hotels: Extended stay hotels shall have the following features:
1.
All extended stay units shall be a minimum of 300 square feet (sf)
of gross floor area.
2.
Two or more bedroom units shall have a fully-equipped kitchen, to
include sink, microwave, minimum 14 cubic foot (cf) refrigerator/freezer
combination, stove (oven/cooktop combination) with hood and dishwasher.
All other extended stay units to have an efficiency kitchen to include
at a minimum a sink, microwave, and minimum 10 cf refrigerator/freezer.
Permanently installed 2-burner cooktop with hood, or stove with hood,
are allowed, but no portable cooktops are permitted. All kitchens
to include counter top, cupboards, cookware, dishes and flatware.
3.
For any building which contains extended stay units, the entire structure
shall have a fire suppression system.
4.
Each guest room shall be accessed through a center interior hallway
and shall not provide direct primary egress to the exterior of the
building.
5.
Staff or management shall be on property twenty-four (24) hours a
day. Any on-site property manager unit shall meet the definition of
a dwelling unit per the building code, health code and all other applicable
codes. For Extended Stay Hotels with less than 100 guest units, one
year-round on-site property manager dwelling unit may be allowed.
For 100 guest rooms or more, two on-site property manager units may
be allowed.
6.
Extended stay hotels shall have a lobby or public gathering area.
7.
A heated/air-conditioned indoor laundry area shall be available on-site
exclusively for guest use, and shall include a minimum of two washers
and two dryers.
8.
All extended stay hotel guests must be able to demonstrate that they
maintain a principal place of residence elsewhere.
9.
Extended Stay Hotels shall keep records of guests including name,
permanent address and length of stay. All documentation to be provided
upon request.
10.
To be considered an Extended Stay hotel, one hundred percent (100%)
of all guest rooms shall meet the operational standards established
herein.
11.
Extended Stay Hotels shall be permitted to have continuous occupancy
of up to ninety (90) calendar days. No entity, corporation or person
may occupy or book a unit or units for more than ninety (90) continuous
calendar days, without prior approval of the Building Commissioner.
Such approval shall only be granted when an occupant has a verifiable
employment contract or agreement coincident with the length of stay
requested.
404.4
On-Site Property Managers at Motels/Hotels:
404.4.1
Purpose: The purpose of this bylaw is
to allow Motel or Hotel owners to provide year-round on-site residence(s)
for property manager(s) for the purpose of managing, maintaining and
securing the property.
404.4.2
Applicability: The Building Commissioner
may approve, through application and permit, On-Site Property Manager
units at currently licensed Motels or Hotels in accordance with the
provisions outlined herein. If an Applicant cannot meet all the provisions
outlined herein as determined by the Building Commissioner, a Special
Permit from the Zoning Board of Appeals is required.
404.4.3
Operational Standards for On-Site Property Managers
at Motels and Hotels: Accommodations for on-site property
manager units shall have the following features:
1.
For Hotels or Motels with less than 100 guest units, one on-site
property manager may be allowed. For Hotels or Motels with 100 or
more guest units, two on-site property managers may be allowed. In
addition, one owner occupied unit may be allowed per property, if
the unit meets all the operational criteria outlined for On-Site Property
Managers.
2.
Immediate family members of the on-site manager are allowed to reside
in the on-site managers unit, depending on the size of the unit.
3.
On-site property manager unit shall be a minimum of 300 square feet
(sf) of gross floor area for up to 2 persons per unit. An additional
70 sf of gross floor area is required for each additional person.
Each property manager unit shall include a kitchen or kitchenette
with refrigerator/freezer combination, microwave and stove (cooktop/oven
combination) with hood.
4.
On-site property manager units shall meet the definition of a dwelling
unit per the building code and all other applicable codes.
5.
Creation of a dwelling unit or renovations would have to comply with
the current edition of the Existing Building Code. Applicant to provide
the Building Commissioner a narrative from a registered design professional
indicating which level of alteration they have designed the project
under.
6.
On-site property manager unit shall meet all the Board of Health
and State of Massachusetts regulations regarding building and fire
codes, health codes, water supply and wastewater disposal.
404.5
Seasonal Employee Housing at Motels/Hotels.
404.5.1
Purpose: The purpose of this bylaw is
to provide standards to ensure safe and adequate housing at motels/hotels
for temporary seasonal employees of Yarmouth businesses.
404.5.2
Applicability: The Building Commissioner
may approve, through annual application and permit, Seasonal Employee
Housing units at currently licensed motels/hotels in accordance with
the provisions outlined herein. If an Applicant cannot meet all the
provisions outlined herein as determined by the Building Commissioner,
a Special Permit from the Zoning Board of Appeals is required.
404.5.3
Operational Standards for Seasonal Employee Housing
at Motel/Hotels: Accommodations for Seasonal Employee
Housing at Motels/Hotels shall have the following features:
1.
A Seasonal Employee is considered to be an employee that is employed
in Yarmouth for no more than seven (7) months between April 1st and
October 31st annually.
2.
Seasonal employee housing shall be for no more than seven months
between April 1st and October 31st annually.
3.
Seasonal employees shall be housed in motel/hotel rooms only. Seasonal
employees may not be housed in camp sites, tents, RVs, mobile homes
or campers located on the motel/hotel property or timeshare units.
4.
Seasonal employee housing shall meet all local and state regulations,
including but not limited to building and fire codes, health codes,
water supply and wastewater disposal.
5.
Maximum occupancy rate of each unit to be determined per the Health
Codes.
6.
Seasonal Employee housing shall be used solely by employees and shall
not include family members of employees, or other non-employees.
7.
The property owner or manager shall designate an on-site proctor
for each property utilized as employee housing. The on-site proctor
shall ensure that all seasonal employees are apprised of the rules
and code of behavior prior to occupancy. The name and contact information
for the on-site proctor shall be submitted to the Yarmouth Police
Department and Building Commissioner.
8.
All employees shall have access to cooking facilities, which shall
include at a minimum a microwave, sink, cooktop and refrigerator/freezer.
9.
No more than 15% of any hotel or motel rooms at a single parcel may
be used for employee housing (fractions shall be rounded to the nearest
whole number). Each room used for employee housing shall be identified
on a locus map of the site and submitted to the Building Commissioner,
Board of Health and Yarmouth Police Department.
10.
All employees must be able to demonstrate that they maintain a principal
place of residence elsewhere.
11.
The property owner or manager shall keep records of all employees
utilizing employee housing, including name, permanent address, length
of stay, and place(s) of employment with contact information. All
documentation to be provided upon request.
12.
The permit issued by the Building Commissioner shall be valid for
one year only.
406.1
Findings. The Town of Yarmouth finds that:
406.1.1
The ground water underlying this town is the sole source of
its existing and future drinking water supply;
406.1.2
The groundwater in the aquifer is integrally connected with,
and flows into, the surface waters, lakes, streams and coastal estuaries
which constitute significant recreational and economic resources of
the Town used for water-related recreation, shell fishing and fishing;
406.1.3
Accident spills and discharges of petroleum products and other
toxic and hazardous materials and sewage discharge have repeatedly
threatened the quality of such groundwater supplies and related water
resources throughout towns in Massachusetts, posing potential public
health and safety hazards and threatening economic losses to the affected
communities.
406.2
Objective. The objective of this section of
the bylaw is to protect the public drinking water supply in Yarmouth
from the effects of high density land development and from potentially
hazardous materials associated with specific land uses.
406.3
Applicability. The district as shown on the
Zoning Map shall be considered superimposed over any other district
established in this bylaw. The more restrictive provisions of either
the Overlay or underlying zoning districts shall apply. The boundaries
of the Aquifer Protection Overlay District are based upon a delineation
of the zones of contribution to public supply wells completed by Whitman
& Howard, Inc. (1984, 1985). Where the boundaries of the Aquifer
Protection Overlay District are in doubt or dispute, the burden of
proof shall be upon the owner(s) of the land in question to show where
the boundaries should be located. Proof shall be based upon evidence
provided by a professional hydrogeologist. Where the boundary line
of the Aquifer Protection Overlay District divides any lot existing
at the time such line is established, the regulation established hereunder
shall apply only to the area of the lot which falls within the district.
406.4
Use Regulation. Uses, except as noted below,
within the Aquifer Protection Overlay District shall be controlled
by Section 202.5 of the Zoning Bylaw, Use Regulation Schedule, and
by the provisions of this bylaw. All uses listed in Section 202.5
which require a Special Permit in this District shall be subject to
the requirements listed below.
406.4.1
Prohibited uses: landfills and open dumps, as noted in 310 CMR
22.21(2)(A)1; land filling of sludge and septage, as noted in 310
CMR 22.21(2)(a)2; automobile graveyards and junkyards; stockpiling
and disposal of snow or ice from outside the Zone II (APD), which
contains deicing chemicals, as noted in 310 CMR 22.21(2)(A)4; non-sanitary
wastewater treatment facilities, except for replacement, repair, or
systems treating contaminated ground or surface water, as noted in
310 CMR 22.21(2)(a)6, and; facilities that generate, treat, store
or dispose of hazardous waste, as noted in 310 CMR 22.21(2).
The following uses and activities are prohibited, unless designed
in accordance with specified performance standards approved by DEP.
Uses involving storage of sludge and septage, deicing chemicals, commercial
fertilizers, animal manures (as noted in 310 CMR 22.21(2)(b)4), liquid
hazardous materials, or liquid petroleum products. Earth removal activities
within 4 feet of historic high water table (as noted in 310 CMR 22.21(2)(b)6).
Fuel delivery in the APD shall only be allowed for the duration
required to dispense, pump or transfer fuel and must be under the
constant supervision of the fuel delivery personnel.
406.5
Special Permit Requirements.
406.5.1
Pre-application
Review. Applicants are encouraged to submit preliminary material for
informal review by the Site Plan Review Team under Section 103.3,
prior to formal application, in order to avoid the discovery of fundamental
problems with a proposed plan at the time of the public hearing on
the granting of a special permit.
406.5.1.1
Special Permit Non-Applicability. Applicants, who believe that
their proposed use will pose no substantial risk to the public drinking
water supply, may apply to the Building Commissioner for a Determination
of Non-Applicability of the Special Permit requirements of Section
406.5. This application may be made either by itself or in connection
with the application for a building and/or occupancy permit. The applicant
shall include with his/her application all of the Application Submittal
Requirements set forth in Section 406.5.2. The Building Commissioner
may determine that the applicant need not apply for a Special Permit
hereunder only if all of the following conditions are met:
1.
The applicant has fully complied with the Submittal Requirements
of Section 406.5.2
2.
The proposed use meets all of the Design and Operation requirements
of Section 06.5.7, and
3.
The chemicals, pesticides, fuels and other potentially toxic or hazardous
materials used or stored at the site, or produced by the proposed
use, will be in quantities not greater than those commonly associated
with normal household use, and
4.
The proposed use will meet all of the Objective and Water Quality
Criteria of this Bylaw.
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The Building Commissioner may require the applicant to submit
the matter to the Health Agent or Board of Health, and may require
the applicant to demonstrate that he/she has received a favorable
report from the Health Agent or Board of Health. The Determination,
if made, shall apply only to the individual applicant and proposed
use and shall automatically expire upon any change of use or transfer
of ownership of the business. There shall be no appeal from an unfavorable
Determination of any such application, nor from a failure to act,
except for filing by the applicant for a Special Permit from the Board
of Appeals as otherwise provided herein.
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Copies of the Determination shall be filed with all other Town
Agencies listed in Section 406.5.4 and with the Town Clerk within
seven (7) days. Any such Town Agency, or other Person Aggrieved of
the Determination, may appeal such Determination to the Board of Appeals
in the same manner as provided in Section 102.2.3.
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406.5.2
Application Submittal Requirements. When applying for a special
permit required by this section, the information listed below, when
applicable, shall be submitted with the application.
1.
A complete list of chemicals, pesticides, fuels and other potentially
toxic or hazardous materials (with Materials Safety Data Sheets [MSDS])
and quantities to be used or stored on the premises in quantities
greater than those associated with normal household use, accompanied
by a description of measures proposed to protect all storage containers/facilities
from vandalism, corrosion and leakage, and to provide for control
of spills.
2.
A description of potentially toxic or hazardous wastes to be generated,
including storage and disposal methods and a spill response plan.
3.
Proof of registration with the Yarmouth Board of Health, as outlined
in the Board of Health Regulation entitled "Handling and Storage of
Toxic and Hazardous Materials."
4.
Proof of submittal of a "Notification of Hazardous Waste Activity"
form to the Massachusetts Department of Environmental Protection.
5.
Preparation of Water Quality Assessment (Section 406.5.5) and Toxic
and Hazardous Waste Generation Assessment (Section 406.5.6).
6.
Any site plan or facility design drawings necessary to show compliance
with the design and operational requirements of this bylaw.
406.5.3
Criteria for Approval. Such special permit shall be granted
if the Board of Appeals determines, in conjunction with other town
agencies as specified in Section 406.5.4, below, that the intent of
this bylaw as well as its specific criteria are met (see section 406.5.5
below). In making such determination, the Board of Appeals shall give
consideration to the simplicity, reliability and feasibility of the
control measures proposed and the degree of threat to water quality
which would result if the control measures fail.
The Board of Appeals shall explain any departures from the recommendations
of the other town agencies in its decision.
406.5.4
Review by Other Town Agencies. Upon receipt of the special permit
application, the Board of Appeals shall transmit one copy to any other
relevant town agency/board or department (including the Water Division,
the Engineering Division, the Fire Department, the Board of Health,
the Planning Board, and the Conservation Commission) for their written
recommendations. Failure to respond in writing within 30 days upon
receipt shall indicate approval or no desire to comment by said agency.
The necessary number of copies of the application shall be furnished
by the applicant.
406.5.5
Water Quality Criteria. Special permits under section 406 shall
be granted only if the applicant demonstrates to the satisfaction
of the Board of Appeals that groundwater quality resulting from on-site
waste disposal and other on-site operations will not violate federal
or state standards for drinking water at the downgradient property
boundary. For nitrate-nitrogen the Cape Cod Commission guideline of
five parts per million (5 ppm) will be used.
Projections of nitrate-nitrogen concentrations shall be based
upon current Board of Health regulations for nitrogen loading.
406.5.6
Toxic or Hazardous Waste Generation Criteria. No use that can
be classified as a small quantity generator (SQG) of hazardous waste
shall be allowed in the Aquifer Protection Overlay District.
A small quantity generator is defined as a use which:
1.
Generates more than one hundred kilograms (100 Kg) or two hundred
pounds (200 lbs.) of hazardous waste a month*
2.
Accumulates more than six hundred kilograms (600 Kg) of hazardous
waste at any one time*
3.
Generates or accumulates any quantity greater than one kilogram (1
Kg) of acutely hazardous waste* in a month.
*As defined in the State Regulations; 310 CMR 30.00.
406.5.7
Design and Operation Requirements. The following design and
operation guidelines shall be observed within the Aquifer Protection
Overlay District:
1.
Safeguards. Provision shall be made to protect against toxic or hazardous
materials discharge or loss resulting from corrosion, accidental damage,
spillage or vandalism through measures such as spill control provisions
in the vicinity of chemical or fuel delivery points, secured storage
areas for toxic or hazardous materials, and indoor storage provisions
for corrodible or dissolvable materials. For operations which allow
the evaporation of toxic or hazardous materials into the interiors
of any structures, a closed vapor recovery system approved by DEP
shall be provided for each such structure to prevent discharge of
contaminated condensate into the groundwater.
2.
Location. Where the premises are partially outside of the Aquifer
Protection Overlay District, potential pollution sources such as on-site
waste disposal systems shall be located outside the District to the
extent feasible.
3.
Disposal. For any toxic or hazardous wastes to be produced in quantities
greater than those associated with normal household use, the applicant
must demonstrate the availability and feasibility of disposal methods
which are in conformance with M.G.L., ch. 21C. The discharge of sewage
shall be in conformance with Title V and Town of Yarmouth Health Regulations.
4.
Drainage. All runoff from impervious surfaces shall be recharged
on the site and diverted towards areas covered with vegetation for
surface infiltration. Leaching basins shall be used only where other
methods are not feasible, and shall be preceded by oil, grease and
sediment traps to facilitate removal of contaminants. Such traps shall
be maintained (with records) on a regular basis. Drainage serving
the site must also comply with Section 304 - Stormwater Management.
406.6
Violations. Written notice of any violation
of this bylaw or any permit issued under this bylaw shall be provided
by the Building Commissioner to the owner of the premises, specifying
the nature of the violations and a schedule of compliance, including
cleanup of any spilled materials. Copies of this violation notice
shall be distributed to other relevant boards as specified in section
406.5.4. This compliance schedule must be reasonable in relation to
the public health hazard involved and the difficulty of compliance.
In no event shall more than thirty (30) days be allowed for either
compliance or finalization of a plan for longer-term compliance.
406.6.1
Definition. Toxic or Hazardous Materials. Any substance or mixture
of such physical, chemical or infectious characteristics as to pose
a significant, actual or potential hazard to water supplies, or other
hazard to human health, if such substance or mixture were discharged
to land or waters of this town. Toxic or hazardous materials include,
without limitation, organic chemicals, petroleum products, heavy metals,
radio-active or infectious wastes, acids and alkalis, and include
products such as pesticides, herbicides, solvents and thinners.
407.1
Purpose and Intent. It is the intent of this
bylaw to provide a variety of housing types to meet the changing needs
of the community. In doing so, the bylaw is also intended to protect
the character and property values of single-family residential neighborhoods.
The purpose of family-related accessory apartments is to provide
an opportunity for family members who choose to live in a close proximity,
but separate from other family members, to remain within that family
environment.
The purpose of affordable accessory apartments is to create
rental housing for Yarmouth's year-round residents with rents
limited by State affordability guidelines.
407.2
Standards and Requirements. The Board of Appeals
may authorize accessory apartments only by special permit, provided
that the following standards and criteria are met:
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1.
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accessory apartments shall be complete and separate housekeeping
units that function independently from a primary single-family dwelling
unit;
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2.
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only one accessory apartment per lot shall be allowed;
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3.
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the lot on which the accessory apartment is located must have
a minimum lot size of 10,000 square feet;
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4.
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the accessory apartment shall be designed so that the appearance
of the building remains that of a one-family residence as much as
is feasibly possible. To ascertain this, architectural plans may be
required by the Board of Appeals;
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5.
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an accessory apartment may be located within, or attached to,
a principal residential structure or in a detached accessory building
on the same lot. Pre-existing, non-conforming accessory structures
must receive a special permit from the Board of Appeals as outlined
in section 104. New accessory structures must meet the dimensional
requirements of section 203.5;
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6.
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an accessory apartment, whether located within a principal residential
structure or within a detached accessory structure, shall clearly
be a subordinate to the principal structure. Any new entrance for
an accessory apartment must be located on the side or rear of the
building, as long as it meets the requirements of existing codes;
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7.
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an accessory apartment shall be no larger than 800 square feet,
including all habitable space, closets, and storage;
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8.
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no accessory apartment shall be held in separate ownership from
the principal structure/dwelling unit, and it shall be so stated in
the "Declaration of Covenants";
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9.
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the owners of the principal structure shall occupy, as their
primary residence, either the principal dwelling unit or the accessory
apartment; if the owner intends to occupy the accessory apartment
rather than the principal structure, the principal structure will
then be designated in the special permit as the "accessory apartment".
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407.2.1
Standards and Requirements specific to family-related accessory
apartments:
1.
at least 3 off street parking spaces shall be available on the premises
for use by the residents of the main residence and the family-related
accessory apartment.
2.
all family-related apartments must be occupied by a family member
related to the owner(s) by blood, marriage or law. That relationship
shall be certified every two years at the time of inspection by the
Building Commissioner.
407.2.2
Standards and Requirements specific to affordable accessory
apartments:
1.
at least 2 off street parking spaces on the premises shall be required
for use by residents of the main residence and 2 additional parking
spaces shall be required for use by the residents of the affordable
accessory apartment.
2.
all affordable accessory apartments must be rented to households
meeting the guidelines for low- or moderate-income households. All
occupants of an affordable accessory apartment shall, upon an initial
application, and on an annual basis thereafter, submit to the town,
or its agent, the necessary documentation to confirm their eligibility
for the dwelling unit.
407.3
Permit Procedure and Requirements. The procedure
for the submission and approval of a special permit for an accessory
apartment shall be the same as prescribed in section 103.2 of this
bylaw.
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1.
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No Building Permit or Occupancy Permit for either a family-related
accessory apartment or an affordable accessory apartment shall be
issued until the Special Permit and Declaration of Covenants are recorded
at the Barnstable County Registry of Deeds.
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407.3.1
Permit Procedure and Requirements for family-related accessory
apartments:
1.
A notarized letter of application from the owner(s) stating that
(s)he/they will occupy a portion of the residence and that a family
related member shall occupy the other portion shall be required with
the application. The name and relationship of the family member shall
be stated in this letter of application.
2.
Upon receiving a Special Permit for a family-related accessory apartment,
the owner(s) must file a Declaration of Covenants on the subject property
at the Barnstable County Registry of Deeds. The Declaration of Covenants
shall state that the right to use an accessory apartment may cease
upon transfer of title. A time-stamped copy of the recorded Declaration
of Covenants shall be provided to the Board of Appeals, the Building
Division and the Board of Health.
3.
The Special Permit for a family-related accessory apartment shall
terminate upon the sale of the property or transfer of title to the
dwelling unless the new owner(s) files on the subject property a new
Declaration of Covenants at the Barnstable County Registry of Deeds
at the time of transfer or within 45 days of the sale, agreeing to
abide by the prior restrictions of the Special Permit. The new Declaration
of Covenants must contain the endorsement of the Building Commissioner
that the family-related accessory apartment and the tenant continue
to conform to eligibility requirements. The new Declaration of Covenants
shall state that the right to use a family-related accessory apartment
may cease upon transfer of title. A time-stamped copy of the recorded
Declaration of Covenants shall be provided to the Board of Appeals,
the Building Division and the Board of Health.
If no action is taken by the new owner(s) at the time of transfer
or within 45 days of the sale, then the new owner(s) must apply for
re-approval of the Special Permit by the Board of Appeals for a family-related
accessory apartment, stating that the conditions at the time of the
original approval remain unchanged.
4.
The Special Permit and Declaration of Covenants for a family-related
accessory apartment may be terminated by the owner(s) provided the
family-related accessory apartment is removed and upon a satisfactory
inspection of the Building Commissioner.
407.3.2
Permit Procedure and Requirements for affordable accessory apartments:
1.
Maximum rents permitted. Affordable accessory apartments shall be
rented only to low-income households for periods not less than one
year. Maximum rent paid shall be equal to no more than 30% of the
theoretical income of a household in the Barnstable-Yarmouth Metropolitan
Statistical Area (MSA) earning 70% of the Area Median Income (AMI),
as published annually by the U.S. Department of Housing and Urban
Development (HUD). At the time of application for a Special Permit,
property owners are required to submit to the town, or the town's
agent, information on the rent to be charged. On the first weekday
of September of each year thereafter, the property owners shall submit
to the town, or the town's agent, information about annual rents.
A form for this purpose will be provided. These affordability requirements
shall be recorded in the Declaration of Covenants and the Affordable
Housing Restriction.
2.
Guidelines for income eligibility. All applicants for occupancy of
an affordable accessory apartment shall, at the time of initial rental
application, submit to the town, or to the town's agent, all
necessary documentation to confirm their eligibility for the unit.
For the purpose of this bylaw, low-income households shall be those
having an income of no more than 80% of the current Area Median Income
(AMI) in the Barnstable-Yarmouth Metropolitan Statistical Area (MSA)
and assets meeting program guidelines.
3.
Upon receiving a Special Permit for an affordable accessory apartment,
the owner(s) must file a Declaration of Covenants and an Affordable
Housing Restriction on the subject property at the Barnstable County
Registry of Deeds. The Affordable Housing Restriction must be approved
by the Affordable Housing Committee and signed by the Board of Selectmen.
The Declaration of Covenants and the Affordable Housing Restriction
shall state that the right to use an accessory apartment may cease
upon transfer of title. A time-stamped copy of the recorded Declaration
of Covenants and the Affordable Housing Restriction shall be provided
to the Board of Appeals, the Building Division and the Board of Health.
4.
The Special Permit for an affordable accessory apartment shall terminate
upon the sale of the property or transfer of title to the dwelling
unless the new owner(s) files on the subject property a new Declaration
of Covenants and a Affordable Housing Restriction at the Barnstable
County Registry of Deeds at the time of transfer or within 45 days
of the sale, agreeing to abide by the prior restrictions of the Special
Permit. The new Declaration of Covenants must contain the endorsement
of the Building Commissioner and the Town's delegated affordable
housing inspector that the affordable accessory apartment and the
tenant continue to conform to eligibility requirements. The new Declaration
of Covenants shall state that the right to use an affordable accessory
apartment may cease upon transfer of title. A time-stamped copy of
the recorded Declaration of Covenants shall be provided to the Board
of Appeals, the Building Division and the Board of Health.
If no action is taken by the new owner(s) at the time of transfer
or within 45 days of the sale, then the new owner(s) must apply for
re-approval of the Special Permit by the Board of Appeals for an affordable
accessory apartment, stating that the conditions at the time of the
original approval remain unchanged.
5.
The Special Permit, Declaration of Covenants and Affordable Housing
Restriction for an affordable accessory apartment may be terminated
by the owner(s) provided the affordable accessory apartment is removed
and upon a satisfactory inspection of the Building Commissioner and
in accordance with the Affordable Housing Restriction.
6.
No occupancy permit shall be issued for an affordable accessory apartment
until an Affordable Housing Restriction has been recorded at the Barnstable
County Registry of Deeds.
407.4
Records and Inspections.
407.4.1
Accessory apartments shall be inspected at least once every
two (2) years by the Building Commissioner for which there shall be
an additional users fee in the amount stipulated by the Board of Selectmen,
payable at the date of inspection.
407.4.2
The Building Commissioner shall maintain a running, up-to-date
log of approved and/or inspected accessory apartments.
407.4.3
Failure to pass inspection shall allow the Building Commissioner
to require removal of cooking, sanitary, sleeping facilities or structural
portions previously approved, associated with the addition of the
accessory apartment to the single-family residence.
407.5
Amnesty. In an effort to meet the town's
housing needs, real property containing an accessory apartment, as
described in this bylaw section, for which there does not exist a
validly issued variance, special permit, building permit, or occupancy
permit, may apply to the Board of Appeals for a special permit to
legally continue the use as an accessory apartment. The Board of Appeals
shall be empowered to grant a special permit, waiving any portion
of bylaw sections 104, 201, 202, and 203, as they pertain to a single-family
dwelling. The Board of Appeals shall not waive the provisions of this
bylaw section, except by variance, and any accessory apartment created
under this amnesty provision shall comply to the requirements of this
bylaw section.
To qualify for amnesty under this bylaw, the unlawful accessory
apartment must be a single accessory dwelling unit that is accessory
to an owner occupied single-family dwelling and must have been in
existence before April 8, 2008. It shall be the burden of the applicant
to prove to the Board of Appeals that the unlawful apartment was in
existence before that date. No more than one unlawful accessory apartment
in a single family residence may apply for amnesty.
The amnesty provisions of this bylaw will expire on and will
no longer be available after July 1, 2011.
408.1
Purpose. The purpose of this Bylaw is to establish
guidelines for the siting of all communication antennas, communication
buildings, and communication towers in the Town of Yarmouth.
408.2
Goals. The
goals of this Bylaw are to:
1.
To comply with all existing state and federal law and to facilitate
the availability of wireless service to the residents of Yarmouth
while minimizing adverse visual and environmental effects and impact
of communication antennas, communication buildings, and communication
towers on the vistas of the community through careful design, siting,
and vegetative screening;
2.
Manage the placement of all communication antennas, communication
buildings, and communication towers so as to minimize the total number
throughout the community, and;
3.
Avoid potential damage to adjacent properties from the failure of
communication antennas and communication towers by careful engineering
and siting.
408.3
Non-Applicability. This section is not intended
to be applicable to equipment accessory and incidental to residential
and other business uses, such as satellite dishes under two feet in
diameter for television reception, television antennas, or antennas
under 75 feet in height used by federally licensed amateur radio operators.
408.4
Special Permit. No communication antennas,
communication buildings, or communications towers shall be erected,
constructed, installed, without first obtaining a Special Permit from
the Board or Appeals. The Board of Appeals may retain a technical
expert in the field of RF engineering to review an application. The
cost for such a technical expert will be at the expense of the applicant.
Guyed towers, lattice towers, utility towers and monopoles in
existence at the time of adoption of this Bylaw may be reconstructed,
altered, extended or replaced on the same site by Special Permit,
as outlined in Bylaw section 104.3.2. In making such a determination,
the Board of Appeals shall also consider whether the proposed reconstruction,
alteration, extension or replacement will promote the intentions,
goals, and purposed of this bylaw and will create public benefits
such as opportunities for co-location, improvements in public safety,
and/or reduction in visual and environmental impacts.
408.4.1
The Board of Appeals may alter or waive one or more of the requirements
of section 408 if it finds that the alteration or waiver of the requirement(s)
will not derogate from the intent of the bylaw.
408.6
Application Filing Requirements. The following
shall be submitted to Site Plan Review and included with an application
to the Board of Appeals for all Communications Facilities:
408.6.1
General Filing Requirements. Plans, Per section 103.3.4, are
required.
408.6.2
Location Filing Requirements.
1.
Tax map and parcel number of subject property.
2.
Zoning district designation for the subject parcel.
3.
Proposed location of any antenna, mount, tower, mount, or equipment
shelter.
4.
Proposed security barrier, indicating type and extent as well as
point of controlled entry.
5.
If the application is for a Personal Wireless Service Facility a
town-wide map showing other existing Personal Wireless Service Facility
in the Town and outside the Town within one mile of its corporate
limits.
6.
If the application is for a Personal Wireless Service Facility, a
plan showing the proposed locations of all existing and future Personal
Wireless Service Facilities in the Town on a Town-wide map for this
carrier.
408.6.3
Siting Filing Requirements
1.
A one inch equals 40 feet (1"=40') Vicinity Plan showing the
following:
A.
Property lines for the subject property.
B.
Property lines of all properties adjacent to the subject property
within 300 feet.
C.
Tree cover on the subject property and adjacent properties within
300 feet, by dominant species and average height, as measured by or
available from a verifiable source.
D.
Outline of all existing buildings and accessory structures, including
purpose (e.g. residential buildings, garages, accessory structures,
etc.) on subject property and all adjacent properties within 300 feet.
E.
Proposed location of antenna, mount and equipment shelter(s).
F.
Proposed security barrier, indicating type and extent as well as
point of controlled entry.
G.
Location of all roads, public and private, on the subject property
and on all adjacent properties within 300 feet including driveways
proposed to serve the Communications Facility.
H.
Distances, at grade, from the proposed Communications Facility to
each building on the vicinity plan.
I.
Contours at each two feet above mean sea level for the subject property
and adjacent properties within 300 feet.
J.
All proposed changes to the existing property, including grading,
vegetation removal and temporary or permanent roads and driveways.
K.
Representations, dimensioned and to scale, of the proposed mount,
antennas, equipment shelters, cable runs, parking areas and any other
construction or development attendant to the Communications Facility.
L.
Lines representing the sight line showing viewpoint (point from which
view is taken) and visible point (point being viewed) from "Sight
Lines" sub-section below.
2.
Sight lines and photographs as described below:
A.
Sight line representation. A sight line representation shall be drawn
from any public road within 300 feet and the closest facade of each
residential building (viewpoint) within 300 feet to the highest point
(visible point) of the Communications Facility. Each sight line shall
be depicted in profile, drawn at one inch equals 40 feet. The profiles
shall show all intervening trees and buildings. In the event there
is only one (or more) residential building within 300 feet there shall
be at least two sight lines from the closest habitable structures
or public roads, if any.
B.
Existing (before condition) photographs. Each sight line shall be
illustrated by one four-inch by six-inch color photograph of what
can currently be seen from any public road within 300 feet.
C.
Proposed (after condition). Each of the existing condition photographs
shall have the proposed Communications Facility superimposed on it
to show what will be seen from public roads if the proposed Communications
Facility is built.
D.
Visual Impact. Photographic simulations from a distance of one hundred,
one thousand, and five thousand feet and from four different locations
of approximately ninety degrees apart of the proposed Communication
Facility.
3.
Siting elevations, or views at-grade from the north, south, east
and west for a 50-foot radius around the proposed Communications Facility
plus from all existing public and private roads that serve the subject
property. Elevations shall be at either one-quarter inch equals one
foot or one-eighth inch equals one foot scale and show the following:
A.
Antennas, mounts and equipment shelter(s), with total elevation dimensions
and AGL of the highest point.
B.
Security barrier. If the security barrier will block views of the
personal wireless service facility, the barrier drawing shall be cut
away to show the view behind the barrier.
C.
Any and all structures on the subject property.
D.
Existing trees and shrubs at current height and proposed trees and
shrubs at proposed height at time of installation, with approximate
elevations dimensioned.
E.
Grade changes, or cuts and fills, to be shown as original grade and
new grade line, with two-foot contours above mean sea level.
408.6.4
Design Filing Requirements.
1.
Equipment brochures for the proposed Communications Facility such
as manufacturer's specifications or trade journal reprints shall
be provided for the antennas, mounts, equipment shelters, cables as
well as cable runs, and security barrier, if any.
2.
Materials of the proposed Communications Facility specified by generic
type and specific treatment (e.g., anodized aluminum, stained wood,
painted fiberglass, etc.). These shall be provided for the antenna,
mounts, equipment shelters, cables as well as cable runs, and security
barrier, if any.
3.
Colors of the proposed Communications Facility represented by a color
board showing actual colors proposed. Colors shall be provided for
the antennas, mounts, equipment shelters, cables as well as cable
runs, and security barrier, if any.
4.
Dimensions of the Communications Facility specified for all three
directions: height, width and breadth. These shall be provided for
the antennas, mounts, equipment shelters, and security barrier, if
any.
5.
Appearance shown by at least two photographic superimpositions of
the Communications Facility within the subject property. The photographic
superimpositions shall be provided for the antennas, mounts, equipment
shelters, cables as well as cable runs, and security barrier, if any,
for the total height, width and breadth.
6.
Landscape plan including existing trees and shrubs and those proposed
to be added, identified by size of specimen at installation and species.
7.
Within 30 days of the pre-application conference, or within 21 days
of filing an application for a Special Permit, the applicant shall
arrange for a balloon or crane test at the proposed site to illustrate
the height of the proposed facility. The date, time and location of
such test shall be advertised in a newspaper of general circulation
in the Town at least 14 days, but not more than 21 days prior to the
test.
8.
If lighting of the site is proposed, the applicant shall submit a
manufacturers computer-generated point-to-point printout, indicating
the horizontal footcandle levels at grade, within the property to
be developed and twenty-five (25) feet beyond the property lines.
The printout shall indicate the locations and types of luminaries
proposed.
408.6.5
Noise Filing Requirements.
The applicant shall provide a statement listing the existing
and maximum future projected measurements of noise from the proposed
personal wireless service facilities, measured in decibels Ldn (logarithmic
scale, accounting for greater sensitivity at night), for the following:
1.
Existing, or ambient: the measurements of existing noise.
2.
Existing plus proposed Communications Facilities: maximum estimate
of noise from the proposed facility plus the existing noise environment.
Such statement shall be certified and signed by an acoustical
engineer, stating that noise measurements are accurate and meet the
Noise Standards of this Bylaw.
408.7
Design.
408.7.1
General. All Communications Facilities shall be designed and
sited so as to have the least adverse visual effect on the environment.
Only self-supporting monopole type towers are permissible. Lattice
towers, or the use of ground anchors and/or guy wires, are prohibited.
All towers and antennas must meet or exceed current standards
and regulations of the FAA, the FCC, and any other agency of the federal,
state, and county government with the authority to regulate towers
and antennas. If such standards and regulations are changed, then
the owners of the towers and/or antennas governed by this ordinance
shall bring such towers and/or antennas into compliance with such
revised standard and regulations within six (6) months of the effective
date of such standards and regulations unless a more stringent compliance
schedule is mandated by the controlling federal agency. Failure to
bring towers and/or antennas into compliance with such revised standards
and regulations shall constitute grounds for the removal of the tower
or antenna at the owner's expense.
408.7.2
Location. No Communications
Facility, antenna, or tower may be located in the Town of Yarmouth
except as noted in this bylaw.
408.7.2.1
Allowed Areas.
1.
The siting of Personal Wireless Service Facilities shall be allowed
in any zoning district, but is especially encouraged on existing structures,
where appropriate, and on sites shown on a map entitled "Town of Yarmouth
Inventory of Existing Antenna Sites and Possible Antenna Sites," as
currently amended. This map may be amended by Town Meeting action.
2.
Communication antennas, buildings, or towers other than those for
Personal Wireless Service Facilities (i.e., those not defined in the
Telecommunications Act of 1996) shall be allowed, by Special Permit,
only on sites shown on a map entitled "Town of Yarmouth Inventory
of Existing Antenna Sites and Possible Antenna Sites," as currently
amended.
408.7.3
Co-location. If feasible and
appropriate, Personal Wireless Service Facilities shall be located
on existing structures, including but not limited to buildings, water
towers, existing Communications Facilities, utility poles and towers,
and related facilities, provided that such installation preserves
the character and integrity of those structures. In particular, applicants
are urged to consider use of existing telephone and electric utility
structures as sites for one or more Personal Wireless Service Facilities.
The applicant shall have the burden of proving that there are no existing
structures upon which it is feasible to locate.
408.7.3.1
Licensed carriers shall share Personal Wireless Service Facilities
and sites where feasible and appropriate, thereby reducing the number
of Personal Wireless Service Facilities that are stand-alone facilities.
All applicants shall demonstrate a reasonable good faith effort to
co-locate with other carriers. Such reasonable good faith effort includes:
1.
A survey of all existing structures that may be feasible sites for
co-locating Personal Wireless Service facilities;
2.
Contact with all the other licensed carriers for commercial mobile
radio services operating in the County, and;
3.
Sharing information necessary to determine if co-location is feasible
under the design configuration most accommodating to co-location.
408.7.3.2
In the event that co-location is found to be not feasible, a
written statement of the reasons for the infeasibility shall be submitted
to the Board of Appeals. The Board of Appeals may retain a technical
expert in the field of RF engineering to verify if co-location at
the site is not feasible or is feasible given the design configuration
most accommodating to co-location. The cost for such a technical expert
will be at the expense of the applicant. The Board of Appeals may
deny a Special Permit to an applicant that has not demonstrated a
reasonable good faith effort to provide for co-location.
408.7.3.3
If the applicant does intend to co-locate or to permit co-location,
the Board of Appeals shall request drawings and studies, at the applicant's
expense, which show the ultimate appearance and operation of the Personal
Wireless Service Facility at full build-out.
408.7.4
Historic Buildings and Districts.
1.
Any Personal Wireless Service Facilities located on or within an
historic structure shall not alter the character-defining features,
distinctive construction methods, or original historic materials of
the building.
2.
Any alteration made to an historic structure to accommodate a Communications
facility shall be fully reversible.
3.
Personal Wireless Service Facilities within the Old King's Highway
Regional Historic District shall be concealed within or behind existing
architectural features, or shall be located so that they are not discernable
from public roads and viewing areas within the district.
4.
The siting of Communications Facilities which are located in the
Old King's Highway Regional Historic District require the additional
approval of the appropriate authority.
408.7.5
Scenic Landscapes and Vistas.
1.
Personal Wireless Service Facilities shall not be located within
open areas that are discernable from public roads, recreational areas,
or residential development.
2.
Any Communications Facility that is located within 300 feet of a
scenic road, as designated by the town, shall not exceed the height
of vegetation at the proposed location. If the facility is located
farther than 300 feet from the scenic road, the height regulations
described in 408.7.6.1 shall apply.
3.
Personal Wireless Service Facilities shall not be located within
the Viewshed as designated and located in the VCOD.
408.7.6
Dimensional Requirements. All
Communications Facilities shall comply with the dimensional and setback
requirements of Bylaw section 203 (Intensity of Use Regulations).
408.7.6.1
Height, General. Regardless of the type of mount, Personal Wireless
Service Facilities shall be no higher than ten feet above the average
height of buildings within 300 feet of the proposed facility. Personal
Wireless Service Facilities may locate on a building that is legally
non-conforming with respect to height, provided that the facilities
do not project above the existing building height.
408.7.6.2
Height, Ground-Mounted Facilities. Ground-mounted Personal Wireless
Service Facilities shall not project higher than ten feet above the
average building height or, if there are no buildings within 300 feet,
these facilities shall not project higher than ten feet above the
average tree canopy height, measured from ground level (AGL). In no
case may height exceed 200 feet above ground level.
408.7.6.3
Height, Side- and Roof-Mounted Facilities. Side- and roof-mounted
Personal Wireless Service Facilities shall not project more than ten
feet (10') above the height of an existing building nor project
more than ten feet above the height limit of the zoning district within
which the facility is located. Personal Wireless Service Facilities
may locate on a building that is legally non-conforming with respect
to height, provided that the facilities do not project above the existing
building height.
408.7.6.4
Height, Existing Structures. New antennas located on any of
the following structures existing on the effective date of this bylaw
shall be exempt from the height restrictions of this bylaw provided
that there is no increase in height of the existing structure as a
result of the installation of a Communications Facility: guyed towers,
lattice towers, and monopoles.
408.7.6.5
Height, Existing Structures, (Utility). New antennas located
on any of the following existing structures shall be exempt from the
height restrictions of this bylaw provided that there is no more than
a twenty foot (20') increase in the height of the existing structure
as a result of the installation of a Communications Facility: electric
transmission and distribution towers, water towers, telephone poles
and similar existing utility structures. This exemption shall not
apply in the Old King's Highway Regional Historic District, within
300 feet of the right-of-way of any scenic roadway.
408.7.6.6
Microwave antennas exceeding 12 inches in diameter on a roof
or building-mounted facility shall not exceed the height of the structure
to which they are attached, unless fully enclosed.
408.7.7
Parking Requirements. All Communications Facilities must meet
the parking and buffer requirements of Bylaw section 301 (Parking
and Loading Requirements).
408.7.8
Fall Zones. Communications towers, whether free-standing or
part of another structure or building, must be set back from all property
lines by at least the total height of the tower structure and its
appurtenances.
408.7.9
Aesthetics.
408.7.9.1
Landscaping. Existing mature tree growth and natural land forms
on sites shall be preserved to the maximum extent possible. Screening
for sites buffers and parking lots must meet the criteria outlined
in section 301 Parking and Loading. In addition, the base of communication
towers shall be screened from view by a minimum four (4) foot wide
planting strip maintained with densely planted shrubs not less than
six (6) feet in height. Shrubs shall be at least seventy-five percent
(75%) evergreens. Fences or walls may be a part of such screening
where deemed necessary, as approved by the Site Plan Review Team.
In locations where the visual impact of communications towers would
not be an issue, these requirements may be reduced or waived by the
Building Commissioner upon unanimous vote by the Site Plan Review
Team.
408.7.10
Color and Camouflage.
408.7.10.1
Color. Communications towers and antennas shall maintain a light
gray or light blue finish, unless otherwise required by the Board
of Appeals. Communication towers and/or antennas installed on an existing
building or structure shall be camouflaged to match the building or
structure to which they are attached or the background against which
they are most commonly seen.
408.7.10.2
Camouflage by Existing Buildings or Structures:
1.
When a Communications Facility extends above the roof height of a
building on which it is mounted, a reasonable good faith effort shall
be made to conceal the facility within or behind existing architectural
features to limit its visibility from public ways. Facilities mounted
on a roof shall be stepped back from the front facade in order to
limit their impact on the building's silhouette.
2.
Communications Facilities which are side mounted shall blend with
the existing building's architecture and shall be painted or
shielded with material which is consistent with the design features
and materials of the building.
408.7.10.3
Camouflage by Vegetation: If Communications Facilities are not
camouflaged from public viewing areas by existing buildings or structures,
they shall be surrounded by buffers of dense tree growth and understory
vegetation in all directions to create an effective year-round visual
buffer. Ground-mounted Personal Wireless Service Facilities shall
provide a vegetated buffer of sufficient height and depth to effectively
screen the facility. Trees and vegetation may be existing on the subject
property or installed as part of the proposed facility or a combination
of both. The Board of Appeals shall determine the types of trees and
plant materials and depth of the needed buffer based on site conditions.
408.7.11
Lighting and Signage.
1.
Communications Facilities shall be lighted only if required by the
Federal Aviation Administration (FAA). Lighting of equipment structures
and any other facilities on site shall be shielded from abutting properties.
There shall be total cutoff of all light at the property lines of
the parcel to be developed, and footcandle measurements at the property
line shall be 0.0 initial foot candles when measured at grade.
2.
Signs shall meet the design and display criteria of Bylaw section
303.
3.
All ground mounted Communications Facilities shall be surrounded
by a security barrier, where appropriate and necessary.
408.7.12
Equipment Shelters. Equipment shelters for Communications Facilities
shall be designed consistent with one of the following design standards:
1.
Equipment shelters shall be located in underground vaults; or
2.
Equipment shelters shall be designed consistent with traditional
Cape Cod architectural styles and materials, with a roof pitch of
at least 10/12 and wood clapboard or shingle siding; or
3.
Equipment shelters shall be camouflaged behind an effective year-round
landscape buffer, equal to the height of the proposed shelter, and/or
a fence. The Board of Appeals (and/or the Old King's Highway
Regional Historic District Committee) shall determine the style of
any fencing and landscape buffer that is compatible with the neighborhood.
408.7.13
Environmental
Standards.
408.7.13.1
The location of any Communications Facility in or near wetlands
is subject to the Wetlands Protection Regulations of the Yarmouth
Conservation Commission.
408.7.13.2
The handling, storage, or disposal of hazardous materials is
subject to Yarmouth Board of Health regulations and, when applicable,
section 406 of this Bylaw.
408.7.13.3
Ground-mounted equipment for Personal Wireless Service Facilities
shall not, during normal operation, generate noise in excess of 50
db (non-continuous) at the property line.
408.7.13.4
Roof-mounted or side-mounted equipment for Personal Wireless
Service Facilities shall not, during normal operation, generate noise
in excess of 50 db (non-continuous) at ground level at the base of
the building closest to the antenna.
408.7.14
Safety
Standards.
408.7.14.1
Radio-frequency Radiation (RFR) Standards. All equipment proposed
for a Communications Facility shall be authorized per the FCC Guidelines
for Evaluating the Environmental Effects of Radio-frequency Radiation
(FCC Guidelines).
408.8
Accessory Equipment Storage. Mobile or immobile
equipment not used in direct support of a Communications Facility
shall not be parked on site unless repairs are being made to said
facility.
408.9
Leases. No Special Permit granted under this
section shall be effective for town-owned property used for the construction
of a Communication Facility until a lease setting forth the particular
terms, conditions, and provisions have been executed by the applicant
and the Town of Yarmouth.
408.10
As-Built Plans. Within 60 days of completion
of the initial construction and/or any additional construction or
reconstruction, the owner or franchisee of any Communications Facility
shall furnish 2 complete sets of plans, drawn to scale and stamped
by a Registered Professional Land Surveyor, depicting the location
of all towers and appurtenant facilities.
408.11
Inspection. At least every 24 months,
all communication towers shall be inspected by an expert who is regularly
involved in the maintenance, inspection, and/or erection of communication
towers. At a minimum, this inspection shall be conducted in accordance
with the tower inspection check list provided in the Electronics Industries
Association (EIA) Standard 222, "Structural Standards for Steel Antenna
Towers and Antenna Support Structures" and the State Building Code.
A copy of each such inspection record shall be provided to the Building
Commissioner. The town may retain a technical expert in the field
of RF engineering, at the expense of the carrier, to verify the inspection
report. If, upon inspection, the communication tower fails to comply
with such codes and standards, and constitutes a danger to persons
or property, then upon notice being provided to the owner of the communication
tower, the owner shall have thirty (30) days to bring such tower into
compliance with such standards. Failure to comply may result in an
order to remove such tower at the owner's expense.
408.12
Abandonment or Discontinuation of Use.
408.12.1
At such time that a carrier plans to abandon or discontinue
operation of a Communications Facility, such carrier will notify the
Building Commissioner by certified U.S. mail of the proposed date
of abandonment or discontinuation of operations. Such notice shall
be given no less than 30 days prior to abandonment or discontinuation
of operations. In the event that a licensed carrier fails to give
such notice, the Communications Facility shall be considered abandoned
upon such discontinuation of operations.
408.12.2
Upon abandonment or discontinuation of use, the carrier shall
physically remove the Communications Facility within 90 days from
the date of abandonment or discontinuation of use. "Physically remove"
shall include, but not be limited to:
1.
Removal of antennas, mount, equipment shelters and security barriers
from the subject property;
2.
Proper disposal of the waste materials from the site in accordance
with local and state solid waste disposal regulations, and;
3.
Restoring the location of the Communications Facility to its natural
condition, except that any landscaping and grading shall remain in
the after-condition.
408.12.3
If a carrier fails to remove a Communications Facility in accordance
with this section of this Bylaw, the Town shall have the authority
to enter the subject property and physically remove the facility.
The Board of Appeals may require the applicant to post a bond at the
time of construction to cover costs for the removal of the Communications
Facility in the event the Town must remove the facility.
410.1
Authority, Purpose and Intent.
410.1.1
This bylaw is enacted pursuant to M.G.L., Chapter 40A, Section
9A and pursuant to the Town's authority under Home Rule Amendment
to the Massachusetts Constitution. It is the purpose and intent of
this bylaw to address and mitigate the secondary effects of the Adult
Entertainment Enterprises and sexually oriented businesses referenced
and defined herein. Such secondary effects have been shown to include
increased crime, adverse impacts on public health, adverse impacts
on the business climate of the Town, adverse impacts on the property
values of residential and commercial properties, and adverse impacts
on the quality of life in the Town, all of which secondary impacts
are adverse to the health, safety and general welfare of the Town
of Yarmouth and its inhabitants.
410.1.2
The provisions of this bylaw have neither the purpose nor intent
of imposing a limitation or restriction on the content of any communicative
matter or materials, including sexually oriented matter or materials.
Similarly, it is not the purpose or intent of this bylaw to restrict
or deny access by adults to Adult Entertainment Enterprises and to
sexually oriented matter or materials protected by the Constitutions
of the United States of America and of the Commonwealth of Massachusetts,
nor restrict or deny rights that distributors or exhibitors of such
matter or materials may have to sell, rent, distribute, or exhibit
such matter or materials. Neither is it the purpose or intent of this
bylaw to legalize the sale, rental, distribution, or exhibition of
obscene or other illegal matter or materials.
410.1.3
Nothing in this bylaw is intended to authorize, legalize, or
permit the establishment, operation, or maintenance of any business,
building, or use which violates any Town Bylaw or Statute of the Commonwealth
of Massachusetts regarding public nuisances, sexual conduct, lewdness,
or obscene, or harmful matter, or the exhibition or public display
thereof.
410.1.4
If any section, subsection, sentence, clause, phrase or any
portion of this bylaw is for any reason held to be invalid or unconstitutional
by the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this bylaw.
410.2
Rules and Application Requirements.
410.2.1
No Special Permit shall be granted by the Board of Appeals for
an Adult Entertainment Enterprise unless the following conditions
are satisfied:
1.
The Board of Appeals shall be the Special Permit granting authority.
The application requirements and procedures shall be conducted pursuant
to sections 102 and 103 of this Zoning Bylaw.
2.
No Special Permit shall be issued to any applicant, if any applicant,
principal(s), or manager(s) have been convicted of violating the provisions
of M.G.L., chapter 119, section 63, or Chapter 272, section 1 through
35A, or equivalent statues in other jurisdictions. Application shall
include authorization for the Board of Appeals to confirm criminal
record information through the appropriate authorities.
3.
No Special Permit shall be granted pursuant to this section unless
the Board of Appeals shall have made detailed findings, in addition
to the findings required by section 103 of this bylaw, based upon
the required submissions in the following subsections d and e and
in section 103 of this bylaw that:
A.
the specific site is an appropriate location for such use located
in the Adult Entertainment District (AED);
B.
the use, as developed and carried on, will not adversely affect the
neighboring properties or people;
C.
the use, as developed and carried on, will not create a nuisance
or serious hazard to vehicles or pedestrians traveling into, out of,
or about the premises, and;
D.
the use, as developed, shall provide adequate and appropriate facilities
for its proper operation, taking into account the public health and
welfare of its patrons and the surrounding environs of the property.
4.
In addition to the submittal requirements outlined in section 103
of this Bylaw, each applicant for a Special Permit under this section
shall submit:
A.
a security plan detailing how the property will be policed so as
to avoid unruly and/or illegal activities from taking place upon the
applicant's property and to deter and prevent incidents of vandalism,
loitering, and other associated activities upon its property;
B.
a plan to protect adjacent or neighboring properties against noise,
glare, unsightliness, or other objectionable features, and;
C.
evidence that the adult entertainment establishment will not generate
excessive noise, or other objectionable characteristics off the premises,
so as to create a disturbance and nuisance to adjacent or other neighboring
properties.
5.
No pictures, publications, videotapes, movies, covers, or other implements,
items, or advertising that fall within the definition of Adult Entertainment
Enterprise merchandise or are erotic, prurient, or related to sadism,
or sexual exploitation shall be displayed in the windows of, or on
the building of any Adult Entertainment Enterprise, or be visible
to the public from pedestrian sidewalks or walkways or from other
areas, public or semi-public, outside of such establishment.
6.
A Special Permit issued under this section shall lapse upon any transfer
of ownership or legal interest or change in contractual interest in
the subject premises or property. The Special Permit may be renewed
thereafter only in accordance with the procedures outlined in section
410.2.
7.
Special Permits issued hereunder shall lapse unless substantial use
thereof is made within six (6) months of being granted, exclusive
of the time, if any, consumed during any appeals pursuant to M.G.L.
ch. 40A, sect. 17, except for good cause shown. Any application for
an extension of this period shall be filed prior to the lapse of the
Special Permit.
8.
As provided in M.G.L., chapter 40A, section 9A, any pre-existing
Adult Entertainment Enterprise shall, within 90 days of the final
approval of this bylaw, or any subsequent amendment hereof, apply
for and secure any Special Permits which would be required hereunder.
Any such Adult Entertainment Enterprise which does not secure such
permits shall be considered to be in violation of this bylaw.
9.
All other applicable provisions of the Yarmouth Zoning Bylaw shall
also apply.
411.1
Goals & Purposes.
411.1.1
The Town of Yarmouth is an historic seaside village. Many of
the attributes associated with Old Cape Cod have been overlooked in
the course of developing the town's business zones. Any rehabilitation
and/or development of existing business properties should be consistent
with the preservation and enhancement of the community's innate
charm and beauty.
The intent of this ROAD is to provide a carefully controlled
mechanism that promotes business opportunities through the use and
reuse of business properties while preserving and enhancing the ambiance
of our historic community.
411.1.2
Development incentives, such as compact land uses, different
parking requirements, mixed uses, and adjusted lot dimensional requirements
may be desirable to encourage commercial and business owners and developers
to upgrade the quality of their sites and buildings and proposed developments,
but such land uses should require owners and/or developers to submit
to a high standard of site and building architectural review. This
process promotes quality development and redevelopment, that reflects
Yarmouth's seaside location, historic background, and natural
environment. All development under this section shall be consistent
with the Yarmouth Architectural and Site Design Standards, as established
by the Yarmouth Planning Board. Substantial adherence, as determined
by the Planning Board, to the Yarmouth Architectural and Site Design
Standards shall be compulsory.
411.2
Objectives. The objectives of this section are:
1.
to respect and accomplish the intent and purposes of the Yarmouth
Zoning Bylaw underlying this ROAD District;
2.
to encourage the development and redevelopment of sites and buildings
within commercial districts through the incentive of zoning flexibility.
If new development is proposed on a site where existing building(s)
are to remain, then no approval shall be granted unless the existing
building(s) and the entire site are redeveloped and revitalized to
meet the criteria of the Yarmouth Architectural and Site
Design Standards;
3.
to require, in exchange for said flexibility, submission to design
standard review so as to further encourage variety and choice within
commercial and business development, to further encourage mixed commercial,
business and residential uses, to stimulate economic development and,
to further encourage the construction of projects with Historic, Seaside,
Village, Colonial, and/or Old Cape Cod style themes and designs, while
preserving and protecting Yarmouth's natural environment and
aesthetic values.
411.3
Applicability. The district shall be superimposed
over that property or lots which are within the B1, B2, or B3 zoning
districts south of Route 6. Projects developing or redeveloping under
Section 414, VCOD, shall not be permitted to submit a proposal under
the Revitalization Overly Architectural District.
411.3.1
Voluntary Submission. Submission to this ROAD zoning district
shall be voluntary. Any applicant for a development permit, as contemplated
by this zoning bylaw, for property on lot(s) located within this ROAD
district may choose to voluntarily submit a ROAD proposal, for a development
or redevelopment project, rather than to the requirements of the B1,
B2 or B3 zoning districts.
411.3.2
ROAD District Development Special Permit. The Board of Appeals,
by Special Permit, may grant ROAD District Development Special Permit
approval, with or without conditions, and within said Special Permit,
the Board of Appeals may waive any portion of these zoning bylaw sections:
202, 203, 301, 303, 402, and 407 (except as set forth in section 411.3.3
hereof) if an applicant:
1.
submits in accordance with this ROAD district section;
2.
meets the criteria for the grant of a Special Permit as set forth
in section 103.2;
3.
completes the process of site plan review, if applicable, as set
forth in section 103.3;
4.
meets the criteria for approval pursuant to section 411.5, and;
5.
receives approval of the Planning Board pursuant to section 411.6.
411.3.3
Waiver Limitations. The following portions of sections 202 and
203 shall not be waived by the Board of Appeals by Special Permit
granted pursuant to this section, (except by Variance):
1.
section 202.5 Use Regulation Table:
A7. Hotel and motel shall not be applicable to the provisions
of this Bylaw section.
A8. Mobile home use being "no" in all districts shall not be
waived;
A9. Mobile home park use being "no" in all districts shall not
be waived;
A12. Multi-family shall not be applicable to the provisions
of this Bylaw section for any project in the B3 Business Zone. In
the B1 and B2 Business Zones, only mixed-use projects shall be allowed
where the residential component is not more than 50% of a project's
total building floor area.
Footnote #8. Provided that all but minor work and storage shall
be conducted within a building sufficiently sound-insulated to confine
disturbing noise to the premises;
Footnote #9. Provided that such use is not hazardous by reason
of potential fire, explosion radiation nor injurious or detrimental
to the neighborhood by reason of dust, odor, fumes, noise, vibration,
or other noxious objectionable features, nor harmful to surface or
ground water, and;
Footnote #16. Subject to the provisions of section 406, Aquifer
Protection Overlay District.
2.
Section 203.4.1 Building height, shall not be waived.
411.3.4
Permit Modification and Enforcement. Once granted hereunder,
a ROAD District Development Special Permit or Special Permit with
conditions may not be modified without further grant of a Special
Permit, including prior approval by the Planning Board pursuant to
section 411.6. Planning Board approval of a proposed modification
shall not be necessary if the Site Plan Review Team unanimously determines
that there is no substantial architectural change. Any ROAD District
Development Special Permit and any conditions imposed therewith shall
be strictly enforced by the Building Commissioner pursuant to section
101.
411.4
General Application Procedures.
411.4.1
Application. Applicants for an approval under this section shall
submit to the Planning Board the following:
1.
completed application;
2.
eleven (11) copies of the development plan (which shall be distributed
as follows: one (1) to the Town Clerk, seven (7) to the Planning Board,
one (1) to the Planning Department, one (1) to the Community and Economic
Development Committee and one (1) to the Design Review Committee,
and;
3.
a site plan review report
411.4.2
ROAD District Development Plan. The overall development plans
for any development under this section shall include:
1.
all information required for a site plan review, as outlined in bylaw
section 103.3.4;
2.
a landscape plan;
3.
a sign design plan;
4.
a statement, by the applicant, of economic and other benefits to
the town;
5.
an abutters list, and;
6.
the application fee in an amount set by the Planning Board.
411.5
Criteria for approval. The Planning Board
when considering approval of a ROAD District Development Plan and
the Board of Appeals when considering a petition for a Special Permit
for a ROAD District Development Plan shall consider the following
criteria, standards, objectives and recommendations:
1.
General Criteria. All proposals shall be reviewed according to the
following general criteria. These criteria are evaluated under the
discretion of the Planning Board, and a proposal need not necessarily
satisfy all criteria in order to receive the approval of any of the
reviewing boards or authorities.
A.
site plan review objectives pursuant to section 103.3.1;
B.
the criteria, standards and objectives of design review pursuant
to section 103.3.3.1;
C.
the goals, purpose and objectives of this section 411;
D.
the economic benefits of the proposed development;
E.
the recommendations of the Site Plan Review team and the Community
and Economic Development Committee;
F.
supplementary ROAD District standards:
(1.)
architectural styles. Site, elevation, landscape, and sign plans
(plans shall be drawn in the context of one (or a mixture of) the
following styles: Historic, Seaside Village, Colonial, and/or Old
Cape Cod (style) which shall have their common and ordinary meaning.
Portions of the overall plans may include contemporary design where
necessary for public health and safety or to eliminate architectural
barriers;
(2.)
design. Plans shall be evaluated in the context of the findings,
objectives and criteria set forth in this section 411;
(3.)
intrinsic or reproduction style value and significance;
(4.)
aesthetic and/or artistic quality of the style;
(6.)
respect for the need to balance economic well being and stability,
economic growth, and employment with protection of the natural environment.
(7.)
balance. The benefits of the ROAD District development plan
shall outweigh its detriments. Further, the benefits of any deviation
or relief from the underlying zoning bylaw shall outweigh any detriments
as determined by the Planning Board.
2.
Mandatory Criteria: In order to grant a Special Permit hereunder
the Board of Appeals must find that the ROAD District Development
as proposed satisfies the following criteria:
A.
those criteria as set forth for the grant of a Special Permit pursuant
to section 103;
B.
that the goals, purpose and objectives of the ROAD district bylaw
will be accomplished;
C.
that the project as a whole substantially accomplishes the purposes
of the underlying zoning bylaw;
D.
that the benefits to the neighborhood, district and Town from the
ROAD District development's approval under this bylaw section
411 outweigh the effects of any deviation or relief from the requirements
of the underlying zoning bylaw, and;
E.
the architectural and site designs of the proposed development plan
is as previously approved by the Planning Board, pursuant to 411.6.
411.6
Decision of the Planning Board. The Planning
Board shall consider the application for approval of a ROAD District
Development Plan and grant its approval or disapproval after a duly
advertised public meeting of the Planning Board within forty five
(45) days of the filing of the application and plan with the Town
Clerk and the Planning Board. The plan must be approved by a majority
of the Planning Board membership. In no case may the Planning Board
approve a plan with less than 3 affirmative votes. If the Planning
Board fails to grant approval or render disapproval of the application
and plan within said forty five (45) day period the application and
plan shall be deemed disapproved without prejudice. Said requirement
of approval or disapproval within forty five (45) days of filing with
the Town Clerk and the Planning Board, may be extended by written
agreement between the Planning Board and the applicant. If the Planning
Board disapproves an application, it is incumbent on the applicant
to either resubmit a revised ROAD application for approval, or proceed
by complying with the Yarmouth Zoning Bylaws. Only after approval
by the Planning Board of a ROAD District Development Plan (said approval
to be noted by the applicant as an endorsement on said development
plan) may the applicant file for a ROAD District Development Special
Permit with the Board of Appeals pursuant to section 411.5 and section
103.2.
412.1
Affordable Housing.
412.1.1
Purpose. The purpose of this bylaw is to increase the supply
of housing that is available and permanently affordable to low or
moderate income households.
It is intended that the affordable housing units created under
this bylaw qualify as low or moderate income units for purposes of
M.G.L. ch. 40B, sec. 20-23 and shall be in compliance with 760 CMR
56.00 the Local Initiative Program (LIP) and meet the guidelines and
standards promulgated thereunder by the Department of Housing and
Community Development (DHCD) for inclusion in the DHCD Ch 40B Subsidized
Housing Inventory as Local Action Units.
Nothing in this bylaw shall preclude a developer from providing
more affordable housing units than required hereunder.
412.1.2
Applicability. This bylaw section is applicable to affordable
housing units created in accordance with Bylaw sections 404 Motels,
414 Village Centers Overlay District, 412.2 Inclusionary Zoning, 412.5
Affordable Lots or by a Special Permit Granting Authority. This bylaw
does not apply to affordable dwelling units created with a Comprehensive
Permit.
412.1.3
Preservation of Affordability & Restrictions. Each affordable
housing unit shall be subject to an encumbrance such as an affordable
housing restriction and/or regulatory agreement as defined by M.G.L.,
ch. 184, sec. 31 and as approved by the Town which shall ensure that
the affordable housing shall be affordable in perpetuity. The affordable
housing restriction and/or a regulatory agreement shall be, recorded
at the Barnstable County Registry of Deeds and shall be in force in
perpetuity, or for the maximum period of time allowed by law, so as
to be binding on and enforceable against any person claiming an interest
in the property and shall conform to the following:
1.
The affordable housing restriction shall meet the requirements of
the Local Initiative Program (LIP), 760 CMR 56.00 Local Initiative
Program (LIP) and guidelines promulgated thereunder. The affordable
housing restriction shall have seniority to any encumbrance on the
property which would put at risk the perpetual nature of this restriction.
The developer shall submit to the Town a title search and certification
by counsel whose selection shall be approved in advance by the Town
that demonstrates the seniority of the affordable housing restriction
and regulatory agreement;
2.
Affordable housing rental units shall be rented only to a qualified
low or moderate income household at a rent not to exceed the maximum
affordable rent established under the DHCD requirements and guidelines
under LIP;
3.
Initial sale of an affordable housing unit shall be made to a qualified
low or moderate income household at a sale price not to exceed the
maximum affordable sale price established under the DHCD requirements
and guidelines under LIP;
4.
Subsequent resale of an affordable housing unit shall be made to
a qualified low or moderate income household, at a sale price based
on the initial discount rate, formula or description of the resale
price applied to the initial sale of the unit, which shall be recorded
at the time of sale. This resale formula or description shall be applied
to any subsequent resale of the unit and shall meet the requirements
and guidelines of the Local Initiative Program;
5.
A right of first refusal upon the transfer of an affordable unit
shall be granted to the Town or its designee for a period not less
than 120 days after notice thereof;
6.
The continuing enforcement of the affordable housing restriction
shall be the subject of a monitoring agreement, and;
7.
To the extent possible, any restriction created shall survive any
bankruptcy, foreclosure, insolvency or other action and shall not
be nullified for any reason.
412.1.4
Selection of Qualified Purchasers or Renters. The selection
of qualified purchasers and renters shall be carried out under an
affirmative marketing plan approved by DHCD and the Community Housing
Committee and which meets the requirements of the DHCD Local Initiative
Program. The affirmative marketing plan shall describe how the affordable
housing units will be marketed to potential homeowners or renters.
The affirmative marketing plan shall describe the lottery or other
process to be used for selecting buyers or renters. The marketing
plan must describe how the developer will accommodate local preference,
if any, established by the Town, in a manner that complies with the
nondiscrimination in tenant or buyer selection guidelines of the Local
Initiative Program.
412.1.5
Local Preference. To the extent permissible by law, local preference
will apply to the selection of tenants and purchasers of affordable
dwelling units. Local Preference Criteria is set by the Community
Housing Committee and approved by the Board of Selectmen.
412.1.6
Income Verification. Potential purchasers of affordable housing
units are required to submit, at a minimum, copies of the last three
years federal and state income tax returns, and to verify, in writing,
prior to purchasing the unit, that his and/or her household income
does not exceed the maximum allowed.
412.1.7
Location of affordable housing units. The affordable housing
units shall be dispersed throughout a development. For multi-family
developments, affordable housing units shall be dispersed throughout
the buildings and the floors of each building such that no single
building or floor therein has a disproportionate percentage of affordable
housing units.
412.1.8
Comparability of affordable housing units. The affordable housing
units shall be comparable to market-rate dwelling units in exterior
building materials and finishes, overall construction quality, and
energy efficiency, including mechanical equipment, plumbing, insulation,
windows and heating and cooling systems. In addition:
1.
When the affordable housing units are detached-single family dwellings,
the affordable housing units shall be similar in size to the market-rate
detached single-family dwellings in the development unless the Planning
Board grants a Special Permit to authorize smaller units, and;
2.
In any two-family or in any multi-family dwelling, the affordable
housing units may differ from market-rate units in gross floor area,
provided that the bedroom mix in affordable housing units shall be
generally proportional to the bedroom mix in market-rate units, unless
the Planning Board grants a Special Permit to authorize a different
mix for the affordable housing units.
412.1.9
Timing of Issuance of Building Permits, Construction and Certificates
of Occupancy.
1.
No Building Permit shall be issued by the Building Commissioner for
any project which contains affordable dwelling units until the affordable
dwelling units have been shown to qualify as low or moderate income
units for purposes of M.G.L., ch. 40B, sec. 20-23 and have been approved
by the DHCD as eligible for the DHCD Ch 40B Subsidized Housing Inventory
under 760 CMR 56.00, the LIP Program, as Local Action Units. The developer
shall be responsible for preparing and complying with any documentation
that may be required by the DHCD and the Town to qualify the affordable
housing units for listing in the Chapter 40B Subsidized Housing Inventory.
2.
No Building Permit shall be issued by the Building Commissioner for
a rental development with affordable housing units until a regulatory
agreement and monitoring agreement has been approved by the Community
Housing Committee and Board of Selectmen and has been duly executed
and recorded at the Barnstable County Registry of Deeds.
3.
No Certificate to Occupy shall be issued by the Building Commissioner
for a homeownership or rental affordable housing unit until the developer
submits an affordable housing restriction, monitoring agreement and
regulatory agreement that has been approved by the Community Housing
Committee and Board of Selectmen, and the regulatory agreement has
been duly executed and recorded at the Barnstable County Registry
of Deeds.
4.
In the event no building permits are required, then no Certificate
to Occupy shall be issued by the Building Commissioner for any project
which contains affordable dwelling units until the affordable dwelling
units have been shown to qualify as low or moderate income units for
purposes of M.G.L., ch. 40B, sec. 20-23 and have been approved by
the DHCD as eligible for the DHCD Ch 40B Subsidized Housing Inventory
under 760 CMR 56.00, the LIP Program, as Local Action Units. The developer
shall be responsible for preparing and complying with any documentation
that may be required by the DHCD and the Town to qualify the affordable
housing units for listing in the Chapter 40B Subsidized Housing Inventory.
5.
At a minimum, every third unit out of four issued a Certificate to
Occupy by the Building Commissioner shall be an affordable unit. Compliance
with this regulation shall be determined on the basis of Certificates
to Occupy for the affordable housing units and the market-rate units.
The affordable unit(s) will not be the last to be built in any development.
412.2
Inclusionary Zoning.
412.2.1
Purpose. The purpose of this bylaw is to increase the supply
of housing that is available and permanently affordable to low or
moderate income households by requiring a portion of new dwelling
units be restricted as affordable housing units and to promote geographic
distribution of affordable housing units throughout the Town.
It is intended that the affordable housing units created under
this bylaw qualify as low or moderate income units for purposes of
M.G.L., ch. 40B, sec. 20-23 and shall be in compliance with 760 CMR
56.00 the Local Initiative Program (LIP) and meet the guidelines and
standards promulgated there under by the Department of Housing and
Community Development (DHCD) for inclusion in the DHCD Ch 40B Subsidized
Housing Inventory as Local Action Units.
412.2.2
Applicability.
The inclusionary zoning provisions of this bylaw are applicable
to:
1.
Any project that results in a net increase of five (5) or more residential
dwelling units, whether by new construction or by the alteration,
expansion, reconstruction, or change of existing residential or non-residential
space, including mixed used developments/redevelopments, and/or;
2.
Any subdivision of land for development that results in a net increase
of five (5) or more dwelling units.
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This bylaw section is not applicable to:
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1.
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Congregate Living Housing as defined in Bylaw section 402;
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2
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Properties subject to the provisions of Bylaw section 404, the
Motel Bylaw, or;
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3.
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Pre-existing, legal housing that is merely being rehabilitated
or repaired, provided there is no increase in the number of units
resulting from said rehabilitation or repair.
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4.
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Assisted Living Retirement Communities as applicable under Section
414, VCOD, pursuant to Section 202.5 Use Regulation Table (Use P5)
and defined in Section 500.
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Developments may not be segmented or phased to avoid compliance
with this bylaw. For example, the divisions of land that would cumulatively
result in an increase by five or more residential lots above the existing
on a parcel of land or contiguous parcels in common ownership as of
May 1, 2009 shall be subject to this bylaw.
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412.2.3
Mandatory Provision of affordable housing units. In any development
subject to this bylaw, one in five of the dwelling units shall be
restricted affordable in perpetuity, as per the following schedule:
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Total Number Units Created
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Number of Affordable housing units required
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|---|---|
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1-4
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0
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5-9
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1
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10-14
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2
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15-19
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3
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20-24
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4
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25-29
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5
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30 or more
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1 for every 5
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This requirement continues even if the total number
of units exceeds 29. The affordable housing units must be in compliance
with Section 412 of this bylaw.
Affordable units must be constructed or rehabilitated on the
locus of the development unless the developer provides the required
homeownership units by donation as described in Section 412.3 Off
Site Provision of Affordable Housing, or through a cash payment as
described Section 412.4 Fees in Lieu or combination thereof.
412.2.4
Bonus Density. Except for cluster subdivision as outlined in
Sec 402 of this Bylaw, and for projects developing under VCOD regulations
of this bylaw, a bonus density shall be allowed, provided the affordable
housing units are restricted in perpetuity. The minimum lot area required
in the applicable zoning area may be reduced up to 20% and the side
and rear setbacks may be reduced by up to 20% in order to permit up
to one additional market rate unit on the property for each affordable
unit required by this bylaw. Bonus density shall be allowed when the
affordable housing units required are provided offsite by donation
or through a payment of fees in lieu of providing the units in the
locus of the development. No more than three (3) bonus units shall
be allowed per development and no development shall be segmented or
phased to avoid compliance with this limit.
412.2.5
No Building Permit shall be issued by the Building Commissioner
until the developer has demonstrated that all of the applicable requirements
of 412.1 have been met.
412.3
Off Site Provision of Affordable Housing.
412.3.1
Purpose. The purpose of this section is to provide a means by
which developers may meet the affordable housing requirements of Section
412.2 by donating an acceptable dwelling unit to the Town in lieu
of all or part of the required affordable housing.
412.3.2
Applicability. The provisions of this section shall apply to
affordable residential dwelling units created under Section 412.2.
412.3.3
Off Site Provision. Donation of safe and decent fully finished housing units to the Yarmouth Municipal Affordable Housing Trust (Trust), as created under M.G.L., ch. 44, sec. 55C, for the Town's affordable housing program may be made by the developer in lieu of providing the required affordable unit(s) within the locus of the development. In the event that a developer wishes to make such a donation, the developer shall apply to the Zoning Board of Appeals for a Special Permit for permission to do so in accordance with the following provisions.
The off site unit(s) may be newly constructed unit(s) or fully
rehabilitated existing unit(s). The off site unit(s) must be substantially
comparable in all material respects, including, without limitation,
comparability of value, fit, finish, and amenities, to the units within
the locus of the development.
If the unit(s) to be donated are not substantially comparable
to the unit(s) being replaced in the development, the Zoning Board
of Appeals may, in its discretion, require either an additional payment
to the Trust of the difference in value between the units within the
locus of the development and the off-site unit(s) to be donated, or
a donation of additional units, or both, to be used for the creation
of affordable housing. All donated unit(s) must be provided in Yarmouth.
For the purpose of determining substantial comparability and
value the Zoning Board of Appeals may require that the developer submit
one or more appraisal(s) by a Massachusetts Appraisal Institute-qualified
appraiser approved in advance by the Zoning Board of Appeals of the
properties in question performed at the developer's expense.
Donations must be provided per Section 412.1.9.
412.3.4
Affordability. No Building Permit or Certificate to Occupy shall
be issued by the Building Commissioner for the development until the
developer has demonstrated that all of the applicable requirements
of 412.1 have been met.
412.4
Fees in Lieu of Affordable Housing.
412.4.1
Purpose. The purpose of this section is to provide a means by
which developers may meet the affordable housing requirements of 412.2,
Inclusionary Zoning, by making a payment to the town in lieu of all
or part of the affordable housing requirement. Said payment shall
be used to create no less than the equivalent number of affordable
housing units as would be required under Section 412.2.
412.4.2
Applicability. The provisions of this section shall apply to
affordable dwelling units created under the Section 412.2 Inclusionary
Zoning Bylaw.
412.4.3
Fees in Lieu of all or part of the affordable housing requirement. Developers of affordable housing units required by Section 412.2 Inclusionary Zoning Bylaw may, by right, make a cash payment to the Yarmouth Municipal Affordable Housing Trust (Trust), as created under M.G.L., ch. 44, sec. 55C, or to a special account established specifically for the creation and preservation of affordable housing, in lieu of providing the required affordable housing units within the locus of the development. Cash payments made to the Town are to be used for the creation of new affordable units by the Town, or its designee, in a manner outlined in the Town's affordable housing plan, as amended.
412.4.4
Agreement. No building permit shall be issued for any project
utilizing 412.4 until an agreement specifying, among other items,
the fee and fee payment schedule, has been approved by the Trust,
and fully executed by the Town and the developer/property owner.
412.4.5
Calculation of cash payment. For each affordable unit not provided
within the locus of the development, the fee shall be the greater
amount of the following:
412.4.6
Fee payment schedule. Payment of fees in lieu of affordable
housing to the Trust shall be made according to the same schedule
found in Section 412.1.9 Paragraph 5, that is, the fee in lieu payment
shall be made upon the issuance for every third out of four Certificates
of Occupancy by the Building Commissioner.
412.5
Affordable Lots.
412.5.1
Purpose: The purpose of this bylaw is to increase the supply
of housing that is available and permanently affordable to low or
moderate income households by allowing affordable dwelling units to
be build on non-complying lots, provided the lots meet the criteria
listed herein.
It is intended that the affordable housing units created under
this bylaw qualify as low or moderate income units for purposes of
M.G.L. ch. 40B sec. 20-23 and shall be in compliance with 760 CMR
56.00 the Local Initiative Program (LIP) and meet the guidelines and
standards promulgated thereunder by the Department of Housing and
Community Development (DHCD) for inclusion in the DHCD Ch 40B Subsidized
Housing Inventory as Local Action Units.
412.5.2
Applicability. This bylaw applies to lots of record as of January
1, 2009 which do not meet the zoning requirements for a buildable
lot. Any increase in tax assessment for an applicable lot shall only
occur upon an issuance of a building permit for an affordable single-family
dwelling on that applicable lot.
412.5.3
The Building Commissioner may allow construction of a single
family home, to be restricted as an affordable homeownership or rental
dwelling unit in perpetuity or the maximum time period allowed by
law, on an eligible parcel of land that meets the following criteria:
1.
Each lot is within a residential zoning district;
2.
Each lot is vacant of any residential dwelling;
3.
Each lot contains at least 10,000 square feet of upland area;
4.
Each lot satisfies applicable Board of Health requirements;
5.
Each lot satisfies applicable Town of Yarmouth Conservation Commission
Wetlands Protection Regulations;
6.
Each lot has a minimum of twenty (20) feet of frontage on a way previously
approved by the Planning Board or a public way, having, in the opinion
of the Planning Board, sufficient width, suitable grades and adequate
construction to provide the needs of vehicular traffic. Lots without
suitable frontage may be buildable under this section if there is
an adequate recorded access easement of at least twenty (20) feet
in width from the lot to a previously approved by the Planning Board
or a public way, having, in the opinion of the Planning Board, sufficient
width, suitable grades and adequate construction to provide the needs
of vehicular traffic and emergency response apparatus;
7.
The applicable side setbacks shall be determined by establishing
an average setback based upon the principal structures on the lots
immediately adjacent to the lot to be built upon as a separate lot
or shall conform to current setbacks. In no case shall the side setbacks
be less than ten (10) feet, nor shall a dwelling be built within twelve
(12) feet of the any other dwelling. The existing setbacks of principal
structures on the lots immediately adjacent to the subject lot must
be shown on the plans;
8.
No lot shall be built upon if it was purposely created as an unbuildable
lot as part of a subdivision open space or park, or by any other condition
or agreement with the Town;
9.
No part of any access driveway shall be within twenty (20) feet of
a principle structure on an adjoining lot, and;
10.
No part of any affordable structure shall be placed within 80'
of an existing principle structure for those lots where the affordable
lot is located behind an existing lot.
412.5.4
The Board of Appeals, as the Special Permit Granting Authority
under this section, may grant a special permit to allow construction
of a single family home, to be restricted as an affordable homeownership
or rental dwelling unit in perpetuity or the maximum time period allowed
by law, on a lot less than 10,000 square feet if:
1.
The lot is similar in nature, i.e. in size and shape, to the lots
immediately adjacent to the lot to be built upon as a separate lot,
and;
2.
The Board finds that such a reduction in size would further the purposes
of the bylaw without causing any undue nuisance, hazard or congestion
in the Town or neighborhood.
3.
All criteria outlined in section 412.5.3, except the minimum 10,000
square foot requirement of 412.5.3, paragraph 3, must be met for Board
of Appeals approval of a lot with an area under 10,000 square feet
in size.
412.5.5
Transfer or Sale. The Board of Appeals, as the Special Permit
Granting Authority under this section, may allow the lot owner to
transfer or to rent the constructed single family home to an income
eligible immediate family member (sibling, parent or child), at an
affordable price or rent per the applicable standards in Bylaw section
412.1, provided that the unit is restricted in such a way that future
transference or leasing to non-family members comply with the applicable
affordability requirements in Bylaw section 412.1.
412.5.6
Affordability. No Building Permit or Certificate to Occupy shall
be issued by the Building Commissioner until the developer has demonstrated
that all of the applicable requirements of 412.1 have been met.
412.5.7
Conditions and Restrictions. The Special Permit Granting Authority
may impose conditions and restrictions on the special permit, including,
but not limited to, a) restricting the total number of bedrooms or
occupants in the dwelling, b) requiring that a Regulatory Agreement
and/or Deed Rider, in an acceptable form, be executed and recoded
by the applicant, c) such other restrictions or limitations as are
considered necessary or appropriate to carry out the intent and purposes
of the bylaw.
412.6
Conflicts with other bylaws. The provisions of this bylaw shall be
considered supplemental to all other zoning bylaws. To the extent
that a conflict exists between this bylaw and others, the more restrictive
bylaw, or provision therein, shall apply.
413.1
Residential Wind Energy Systems (RWES) Facilities.
413.1.1
Applicability, Purpose & Intent. This zoning bylaw shall
control the siting, installation and use of Residential Wind Energy
Systems (RWES) for single or two-family dwellings in residential districts
R-87, R-40, RS-40 and R-25. It is the intent of this bylaw to facilitate
the use of renewable, sustainable energy while at the same time protecting
the public from any adverse effects of residential wind turbines on
the character of neighborhoods, property values and the scenic, historic
and environmental resources of the town. Residential Wind Energy Systems
shall be allowed by right as an accessory to a single or two-family
dwelling, except that a special permit shall be required from the
Zoning Board of Appeals for the installation of any of the following:
1.
More than one turbine on a single lot;
2.
A RWES that requires an easement;
3.
A RWES that will have an equipment shelter in excess of 150 square
feet in floor area or multi-story;
4.
A RWES that serves multiple properties;
5.
A RWES that has a total extended height greater than 125';
6.
Above ground wiring, cables, or power lines.
413.1.2
Siting Requirements.
1.
A RWES located on a residentially zoned lot must have its fall zone
located completely within that property's lot lines unless the
lot owner is granted a written easement(s) by an abutting property
owner(s). Said easement(s) shall be in force at least as long as the
turbine is erected and shall be duly recorded at the Barnstable County
Registry of Deeds.
2.
The base of the RWES tower shall be set back from all public and
private rights-of-way and public utility lines a distance equal to
the total extended height plus ten feet. Under no condition shall
the RWES interfere with public utility lines or rights of way, public
or private.
3.
Anchors for guy wires which support a RWES may be located within
building setbacks, as those setbacks are outlined in section 203.5,
Table of Dimensional Requirements.
413.1.3
Sound Requirements. Sound produced by the RWES under normal
operating conditions shall not exceed 10 dBA above ambient noise,
as measured at the property line. Sound produced by the RWES shall
conform to MA 310CMR 7.10
413.1.4
Height Limitation. The total extended height of a RWES shall
be less than or equal to 125' unless a special permit is granted
by the Zoning Board of Appeals.
413.1.5
Access. No climbing foot pegs or ladder rungs shall be allowed
below the first twelve (12) feet of a tower in order to prevent unauthorized
access.
413.1.6
Equipment Shelter. An accessory structure used exclusively for
battery storage pertaining to a RWES shall be no more than 150 square
feet in floor area and single story unless a special permit is granted
by the Zoning Board of Appeals.
413.1.7
Aesthetics.
1.
Wind turbines, blades, towers and all equipment mounted on towers
shall have a white, light gray or light blue non-reflective finish
to minimize contrast with sky and clouds.
2.
Lattice towers shall not be allowed.
3.
All electrical wiring, cables and power lines of a RWES shall be
placed underground.
413.1.8
Signage. Except for appropriate warning signs, all signs, banners,
messages or markings on a wind turbine, tower, building or other structure
associated with a RWES shall be prohibited.
413.1.9
Lighting. No illumination of a RWES, or any lighting mounted
on a RWES, shall be allowed unless required by the Federal Aviation
Administration (FAA).
413.1.10
Inspection. Each RWES shall be inspected every two years by a Registered Professional Structural Engineer who is regularly involved in the maintenance, inspection or erection of wind energy facility towers and other structures. All inspections shall be conducted according to the provisions of 780CMR (MA State Building Code). Structures deemed unsafe shall be cited according to 780CMR and MGL Chapter 143, Sections 6, 7, 8, 9 and 10 "Unsafe Structures" provisions. A copy of each citation shall be provided to the Building Commissioner. As part of this inspection, proof shall also be submitted that the RWES is generating electricity.
1.
If, upon inspection, the RWES is found not to comply with the State
Building Code, or is deemed to constitute a danger to persons or property,
then upon notice being provided to the owner, the owner shall immediately
cease operation of the RWES and shall be granted 60 days in which
to bring the system into compliance. A RWES that is not brought into
compliance within the allowed time frame shall be deemed abandoned.
2.
If, upon inspection, the RWES is not capable of generating electricity,
then upon notice being provided to the owner, the owner shall have
6 months in which to restore the RWES to operating condition. A RWES
that has not been restored to operating condition within the allowed
time frame shall be deemed abandoned.
413.1.11
Abandonment. If a RWES is deemed abandoned by Section 413.1.10,
paragraph 1 or 2, above, then the owner shall be required, at their
expense, to remove the RWES from the site within 60 days. Removal
of the RWES shall include:
1.
Removal of the tower, turbine, blades, transmission lines, equipment
shelters and foundations from the subject property.
2.
Proper disposal of the waste materials from the site in accordance
with local and state solid waste disposal regulations.
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If a RWES has not been removed within the time frame required
by Section 413.1.11, then the town shall be authorized to remove the
equipment at the owner's expense and the cost placed as a lien
on the property.
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413.1.12
Requirements for Building Permit.
1.
Building permit applications for an RWES shall be accompanied by
standard drawings of the wind turbine structure and stamped engineering
drawings of the tower, base, footings and/or foundations as provided
by the manufacturer.
A.
For building mounted turbines, a stamped design prepared by
a registered professional engineer shall be provided for the structure
on which the turbine shall be mounted.
2.
Electrical permit applications for an RWES shall be accompanied by
a line drawing of the electrical components, as supplied by the manufacturer,
in sufficient detail to allow for a determination that the manner
of installation conforms to the National Electric Code.
A.
Building permit applications for an RWES shall be accompanied
by a signed interconnection agreement from the electric utility. Off-grid
systems shall be exempt from this requirement.
413.2
(Reserved)
413.3
Municipal Wind Energy Facilities.
413.3.1
Purpose. The purpose of this bylaw section is to provide regulations
to facilitate the development and operation of energy generating wind
facilities on municipal property in the Town of Yarmouth, for the
economic benefit of the Town. Further, the intent of these regulations
is to minimize any adverse impacts of wind turbines on the character
of neighborhoods, property values, scenic, historic, and environmental
resources of the town; and to protect the health and safety of its
inhabitants, while allowing wind energy technologies to be utilized.
Any application to erect a structure that utilizes energy from the
wind to generate electricity on municipally owned or controlled land
shall comply with the requirements of this bylaw section.
413.3.2
Goals. The goals of this bylaw section are to facilitate the
installation of Municipal Wind Energy Facilities that comply with
all applicable existing local, state and federal laws so as to minimize
any adverse effects and impact of wind facilities on the community
through careful design and siting, and to avoid potential damage to
adjacent properties from the failure of such facilities
413.3.3
Non-Applicability. This bylaw section is not intended to be
applicable to wind energy facilities located on land not owned or
controlled by the Town of Yarmouth. This bylaw section is not intended
to prohibit applications for Non-Municipal Wind Energy Facilities
under the provisions of bylaw sections 202.1 and 102.2.3.
413.3.4
Special Permit. The Board of Appeals may, by Special Permit,
alter or waive one or more of the requirements of this bylaw section
if it determines that the alteration or waiver of the requirement(s)
will not derogate from the intent of the bylaw.
413.3.6
Application Filing
Requirements. The following documentation shall be submitted for Site
Plan Review and included with an application to the Board of Appeals
for all Municipal Wind Energy Facilities:
413.3.6.1
General Filing Requirements. Plans, per Bylaw section 103.3.4,
are required.
413.3.6.3
Siting Filing Requirements.
1.
A one inch equals 100 feet (1" = 100') overall plan showing
the following:
A.
Property lines for the subject property.
B.
Property lines of all properties adjacent to the subject property
within 300 feet.
C.
Tree cover on the subject property and adjacent properties within
300 feet, by dominant species and average height, as measured by or
available from a verifiable source.
D.
Outline of all existing buildings and accessory structures,
including purpose (e.g. residential buildings, garages, accessory
structures, etc.) on subject property and on all adjacent properties
within 300 feet.
E.
Proposed location of tower, equipment shelter(s), and other
major structures.
F.
Location of all roads, public and private, on the subject property
and on all adjacent properties within 300 feet including driveways
proposed to serve the wind energy facility.
G.
Distances, at grade, from the proposed wind energy facility
to each building on the vicinity plan.
H.
Contours at each two feet above mean sea level for the subject
property and adjacent properties within 300 feet.
I.
All proposed changes to the existing property, including grading,
vegetation removal and temporary or permanent roads and driveways.
J.
Detailed plans, dimensioned and to a one-inch equals 40 feet
(1" = 40') scale, of the proposed tower, equipment shelters,
cable runs, parking areas and any other construction or development
attendant to the wind energy facility.
K.
Lines representing the sight line showing viewpoint (point from
which view is taken) and visible point (point being viewed) from "Sight
Lines" sub-section below.
2.
Sight lines and photographs as described below:
A.
Sight line representation. A sight line representation shall
be drawn from any public road within 300 feet and the closest facade
of each residential building (viewpoint) within 300 feet to the highest
point (visible point) of the wind energy facility. Each sight line
shall be depicted in profile, drawn at one inch equals 40 feet. The
profiles shall show all intervening trees and buildings. In the event
there is only one (or more) residential building within 300 feet there
shall be at least two sight lines from the closest habitable structures
or public roads, if any.
B.
Existing (before condition) photographs. Each sight line shall
be illustrated by one four-inch by six-inch color photograph of what
can currently be seen from any public road within 300 feet.
C.
Proposed (after condition). Each of the existing condition photographs
shall have the proposed wind energy facility superimposed on it to
show what will be seen from public roads if the proposed wind energy
facility is built.
D.
Visual Impact. Photographic simulations from a distance of one
hundred, one thousand, and five thousand feet and from four different
locations of approximately ninety degrees apart of the proposed wind
energy facility.
3.
Siting elevations, or views at-grade from the north, south, east
and west for a 50-foot radius around the proposed wind energy facility
plus from all existing public and private roads that serve the subject
property. Elevations shall be at either one-quarter inch equals one
foot or one-eighth inch equals one foot scale and show the following:
A.
Tower and equipment shelter(s), with total elevation dimensions
and AGL of the highest point.
B.
Any and all structures on the subject property.
C.
Existing trees and shrubs at current height and proposed trees
and shrubs proposed height at time of installation, with approximate
elevations dimensioned.
D.
Grade changes, or cuts and fills, to be shown as original grade
and new grade line, with two-foot contours above mean sea level.
413.3.6.4
Design Filing Requirements.
1.
Equipment brochures for the proposed wind energy facility such as
manufacturer's specifications or trade journal reprints shall
be provided for the turbine, tower and any equipment thereon, equipment
shelters, cables and accessory equipment.
2.
Materials of the proposed wind energy facility specified by generic
type and specific treatment (e.g., steel, anodized aluminum, stained
wood, painted fiberglass, etc.), and shall be provided for the tower
and equipment thereon, equipment shelters, cables and accessory equipment.
3.
Colors of the proposed wind energy facility represented by a color
board showing actual colors proposed. Colors shall be provided for
the tower and equipment mounted thereon and equipment shelters.
4.
Dimensions of the wind energy facility specified for all three directions:
height, width and breadth. These shall be provided for the tower and
equipment thereon, foundations, and equipment shelters.
5.
Appearance, shown by at least two photographic superimpositions of
the wind energy facility within the subject property. The photographic
superimpositions shall show the tower and equipment thereon and equipment
shelters, for the total height, width and breadth of the proposed
facility.
6.
Landscape plan including existing trees and shrubs and those proposed
to be added, identified by size and species for installation.
7.
Within 30 days of the pre-application conference, or within 21 days
of filing an application for a Special Permit, the applicant shall
arrange for a balloon or crane test at the proposed site to illustrate
the height of the proposed facility. The date, time and location of
such test shall be advertised in a newspaper of general circulation
in the Town at least 14 days, but not more than 21 days prior to the
test.
8.
If lighting of the site is proposed, the applicant shall submit a
manufacturers computer generated point-to-point printout, indicating
the horizontal footcandle levels at grade, within the property to
be developed and twenty-five (25) feet beyond the property lines.
The printout shall indicate the locations and types of luminaries
proposed.
413.3.6.5
Noise Filing Requirements.
The applicant shall submit a study report identifying the existing
and calculated maximum projected noise levels from the proposed facility,
measured in decibels Ldn (logarithmic scale, accounting for greater
sensitivity at night), for the following:
1.
Existing, or ambient: the measurements of existing noise levels.
2.
Existing plus proposed wind energy facility: calculated estimate
of maximum noise level from the proposed facility plus the existing
noise level.
The study report shall be prepared and signed by an engineer,
Board Certified by the Institute of Noise Control Engineering (INCE)
of the USA, certifying that noise measurements are accurate and meet
the Noise Standards of bylaw section 413.3.7.8.3.
413.3.7
Design.
413.3.7.1
General.
Notwithstanding the other provisions of bylaw section 203.5,
wind energy facilities shall also conform to the following requirements.
All Municipal Wind Energy Facilities shall be designed and sited
so as to have the least adverse visual and audible impact on the neighborhood
and the Town. Only self-supporting monopole type towers are permissible
and shall avoid features allowing avian perches. Lattice towers, or
the use of ground anchors and/or guy wires, are prohibited.
All towers must meet or exceed current standards and regulations
of the FAA, and any other agency of the federal, state, and county
government with the authority to regulate towers. If such standards
and regulations are changed, then the owner of the tower governed
by this ordinance shall bring such tower into compliance with such
revised standard and regulations within six (6) months of the effective
date of such standards and regulations unless a more stringent compliance
schedule is mandated by the controlling federal agency. Failure to
bring a tower into compliance with such revised standards and regulations
shall constitute grounds for the removal of the tower at the operator's
expense.
413.3.7.2
Location.
413.3.7.2.1
Allowed Areas. The siting of Municipal
Wind Energy Facilities shall be allowed by Special Permit in any zoning
district on property owned or under control of the Town of Yarmouth.
413.3.7.2.2
Historic Buildings and Districts. Municipal
Wind Energy Facilities to be located within the Old King's Highway
Regional Historic District shall be located so that they are not discernable
from public roads and viewing areas within the district and require
the additional approval of the appropriate authority for the District.
413.3.7.2.3
Scenic Landscapes and Vistas.
1.
Any wind energy facility that is located within 300 feet of a scenic
road, as designated by the Town or the Commonwealth, shall not exceed
the height of vegetation at the proposed location. If the facility
is located farther than 300 feet from the scenic road, the height
regulations set forth in bylaw section 413.3.7.4 shall apply.
2.
Clearing of natural vegetation shall be limited to only that which
is necessary for the construction, operation and maintenance of the
wind energy facility and is otherwise as governed by applicable laws,
regulations and ordinances, and shall comply with the provisions of
bylaw section 302.
3.
Wind Energy Facilities shall not be located within the Viewshed as
designated and located in the VCOD.
413.3.7.3
Electrical Connections. All electrical wiring, cables and power
lines of the wind energy facility shall be placed underground, unless
impractical due to soil conditions, shape, and topography of the site
as well as any requirements of the local utility. Electrical transformers,
if required for the utility connection may be above ground. All electrical
design and construction of the wind energy facility shall comply with
the requirements of the National Electrical Code.
413.3.7.4
Dimensional Requirements. All wind energy facilities shall comply
with the dimensional and setback requirements of bylaw section 203
(Intensity of Use Regulations).
413.3.7.4.1
Overall Height Calculation. For purposes
of calculating the overall height of a wind turbine, the height shall
be calculated as the vertical distance from ground level (AGL) at
the base of the tower to the uppermost extension of any blade or the
maximum height reached by any part of the wind turbine.
413.3.7.4.2
Setback for Fall Zone Protection. The minimum
setback of a wind turbine tower from all property lines and any other
wind turbine tower shall be not less than the overall height, as calculated
by 413.3.7.4.1, of the turbine or 300 feet, whichever is greater.
The minimum setback of a wind turbine tower from residential structures
shall be 1.5 times the tower overall height.
413.3.7.4.3
Hub Height. The hub height of the wind
turbine, as measured from average natural grade at the base of the
tower to the horizontal centerline of the hub around which the blades
rotate, shall be not more than two hundred fifty (250) feet, and the
blade clearance from the ground immediately below each wind turbine
shall be at least thirty (30) feet. A waiver from this provision may
be granted only if the Board of Appeals makes a finding that additional
height is demonstrated by the applicant to be necessary for adequate
operation of the wind energy facility, and the facility will otherwise
fulfill the intent and purpose of this bylaw.
413.3.7.4.4
Structure Height. Equipment shelters and
any other ground mounted structures shall conform to the requirements
of bylaw section 203.4.1.
413.3.7.4.5
Minimum Lot Area. Municipal Wind Energy
Facilities shall only be located on a parcel of land containing at
least ten acres, and shall be configured such that all setback requirements
of this section are met.
413.3.7.4.6
Parking Requirements. All wind energy facilities
shall meet the parking and buffer requirements of Bylaw Section 301
(Parking and Loading Requirements).
413.3.7.5
Aesthetics.
413.3.7.5.1
Landscaping. Existing mature tree growth
and natural land forms on sites shall be preserved to the maximum
extent possible so as to provide camouflage of the wind energy facility
from public view. Screening for sites, buffers and parking lots shall
meet the criteria outlined in Section 301 Parking and Loading. In
addition, the base of towers shall be screened from view by a minimum
four (4) foot wide planting strip maintained with densely planted
shrubs not less than six (6) feet in height. Shrubs shall be at least
seventy-five percent (75%) evergreens. Fences or walls may be a part
of such screening where deemed necessary, as approved by the Site
Plan Review Team. In locations where the visual impact of towers would
not be an issue, these requirements may be reduced or waived by the
Building Commissioner upon unanimous vote by the Site Plan Review
Team.
413.3.7.5.2
Color. Wind turbines, blades and towers
and equipment thereon shall have a light gray or light blue non-reflective
finish to minimize contrast with sky and clouds, unless otherwise
required by the Board of Appeals. Buildings and structures on the
site shall be camouflaged to blend in with the background against
which they will be most commonly seen.
413.3.7.6
Lighting and Signage.
1.
Wind energy facility towers shall be lighted only if required by
the Federal Aviation Administration (FAA), and then shall comply with
all appropriate FAA specifications and regulations. Lighting of equipment
structures and any other facilities on site shall be shielded from
abutting properties. There shall be total cutoff of all light at the
property lines of the parcel to be developed, and footcandle measurements
at the property line shall be 0.0 initial foot candles when measured
at grade.
2.
Signs shall meet the design and display criteria of bylaw section
303. Turbine housings shall display only the manufacturer's logo,
and housings and towers shall not display any signs.
413.3.7.7
Equipment Shelters. Equipment shelters
for wind energy facility equipment shall be designed consistent with
one of the following design standards:
1.
Equipment shelters shall be located in underground vaults; or,
2.
Equipment shelters shall be designed consistent with traditional
Cape Cod architectural styles and materials, with a roof pitch of
at least 10/12 and wood clapboard or shingle siding; or,
3.
Equipment shelters shall be camouflaged behind an effective year-round
landscape buffer, equal to the height of the proposed shelter, and/or
a fence. The Board of Appeals (and/or the Old King's Highway
Regional Historic District Committee) will determine the style of
any fencing and landscape buffer required so as to be compatible with
the neighborhood.
413.3.7.8
Environmental Standards.
413.3.7.8.1
Wetlands. The location of any wind energy
facility in or near wetlands is subject to the Wetlands Protection
Regulations of the Yarmouth Conservation Commission.
413.3.7.8.2
Hazardous Materials. The handling, storage,
or disposal of hazardous materials is subject to Yarmouth Board of
Health regulations and, when applicable, section 406 of this Bylaw.
If any hazardous materials or wastes are to be used on site, there
shall be provisions for full containment of such materials or waste.
A containment enclosure, designed to contain at least 110 percent
of the volume of the hazardous materials or waste used on the site
may be required in order to meet these conditions.
413.3.7.8.3
Noise. Wind turbines shall have a noise
reduction design such as not to, during normal operating conditions,
generate excessive or unreasonable noise so as to be injurious or
detrimental to the neighborhood or the Town. Except during short-term
service events such as high windstorms or utility outages, noise from
a wind turbine shall comply with Massachusetts noise regulations (310
CMR 7.10). A noise analysis shall be performed within ninety days
of initial operation and a certified test report, prepared by an engineer
Board Certified by the INCE, shall be submitted after initial operation
of the facility to demonstrate compliance with these noise regulations
and with the noise level analysis submitted by the applicant. Additional
tests shall be performed from time to time upon the request of the
Building Commissioner and certified test reports submitted. If any
analyses indicate noise levels in excess of those permitted by regulations,
remedial measures shall be undertaken to bring noise levels into compliance.
Test methods shall be consistent with Massachusetts Department of
Environmental Protection guidelines for noise measurement.
413.3.7.8.4
Flicker. Wind energy facilities shall be
sited and designed such as to minimize shadow or flicker effect impacts
on site, adjacent and neighboring uses. Turbine rotational speed shall
be such as to limit flicker frequency to a maximum of 3 Hz. An analysis
shall be submitted to identify the visual flicker zone and flicker
frequency for all operating conditions.
413.3.8
Accessory Equipment Storage. Mobile or
immobile equipment not used in direct support of a wind energy facility
shall not be stored on site unless it is being used in the repair
of said facility.
413.3.9
Leases. No Special Permit granted under
this section shall be effective for town-owned property used for operation
of a municipal wind energy facility by an entity other than the Town
until a lease setting forth the particular terms, conditions, and
provisions has been executed by the applicant and the Town of Yarmouth.
413.3.10
As-Built Plans. Within 60 days of completion
of the initial construction and/or any additional construction or
reconstruction, two complete sets of plans shall be submitted to the
Building Commissioner, drawn to scale and stamped by a Registered
Professional Land Surveyor, depicting the location of all towers and
appurtenant facilities on the site.
413.3.11
Inspection. At least every 24 months, all wind energy facilities shall be inspected by a registered Professional Structural Engineer who is regularly involved and expert in the maintenance, inspection, and/or erection of wind energy facility towers and other structures. All inspections shall be conducted according to the provisions of 780CMR (State Building Code), as amended. Structures deemed to be unsafe shall be cited according to 780CMR and MGL Chapter 143, Sections 6, 7, 8, 9, and 10 Unsafe Structures provisions. A copy of each such citation shall be provided to the Building Commissioner.
If, upon inspection, the wind energy facility is found to not
comply with the State Building Code and is deemed to constitute a
danger to persons or property, then upon notice being provided to
the operator, the operator shall immediately cease operation of the
facility and shall be granted sixty days in which to bring the facility
into compliance with such standards. Failure to comply may result
in an order to remove the facility at the operator's expense.
413.3.12
Abandonment
or Discontinuation of Use, and Removal.
413.3.12.1
Notification by Operator. At such time that the operator plans
to discontinue operation of a Municipal Wind Energy Facility, the
operator shall notify the Building Commissioner by certified U.S.
mail of the proposed date of discontinuation of operations. Such notice
shall be given no less than 30 days prior to discontinuation of operation.
In the event that the operator fails to give such notice, the wind
energy facility will then be considered abandoned upon such discontinuation
of operation.
413.3.12.2
Notification by Building Commissioner. If the Building Commissioner
has determined the facility to have been abandoned or its use discontinued,
the Building Commissioner will notify the operator by certified U.S.
mail of the Town's intention to begin the process of removal
of the wind energy facility after 60 days.
413.3.12.3
Removal Process by Operator. Upon the operator's decision
and notification of discontinuation of use, the operator shall physically
remove the wind energy facility within 90 days from the date of discontinuation
of use. "Physically remove" shall include, but not be limited to:
1.
Removal of tower, equipment shelters, and foundations from the subject
property;
2.
Proper disposal of the waste materials from the site in accordance
with local and state solid waste disposal regulations, and;
3.
Restoring the location of the wind energy facility to its natural
condition, except where any landscaping and grading are deemed site
improvements by the Town, in which case they shall remain in the improved
condition.
413.3.12.4
Removal Process by Town. If the operator fails to remove a wind
energy facility in accordance with this bylaw section, the Town shall
have the authority to enter the subject property and physically remove
the facility. The Board of Appeals will require the applicant at the
time of granting a Special Permit to post a bond or establish an escrow
account to ensure adequate funds are available for the removal of
the wind energy facility in the event the Town must remove the facility.
Posting of a bond for removal costs will not be required if the applicant
is the Town as the proposed operator. Bond and escrow account creation
and administration shall conform to Town practices and procedures.
414.1
Purpose. The purpose of the Village Centers
Overlay District (VCOD) is to guide and encourage growth and redevelopment
to areas with significant opportunities for infrastructure in order
to preserve and revitalize the Town of Yarmouth's natural, cultural
and economic resources, while supporting sustainable development that
enhances and improves the community's character and sense of
place. The district will provide incentives for economic development
that will promote year round tourism and employment while requiring
strict design standards including compliance with the Yarmouth Architectural
and Site Design Standards as adopted and amended by the Planning Board.
The district will establish a series of contiguous but distinctive
mixed use village centers that will create both a destination for
tourists and a neighborhood for residents and business owners. Site
and building design will encourage pedestrian and bicycle traffic
by:
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reducing the number of curb cuts,
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providing walkable connections between properties,
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incorporating centralized parking facilities,
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allowing shared parking,
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encouraging public transportation facilities, and bike paths;
and
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requiring sidewalks, and attractive lighting and streetscape
design reflective of Yarmouth's community character.
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414.1.1
Villages in the Overlay District —
The Village Centers Overlay District has been divided into four (4)
distinct classes of districts:
1.
Village Center 1 (VC1) - The purpose of VC1 is to encourage development
and redevelopment that will enhance the character of Parker's
River, promote public recreational activities and create a mix of
uses in a village setting that encourages pedestrian activity.
2.
Village Center 2 (VC2) - The purpose of VC2 is to encourage development
and redevelopment that focuses on residential uses with a mix of compatible,
smaller commercial uses that will encourage people to live, work and
shop in the district to promote a walk-able, livable neighborhood.
3.
Village Center 3 (VC3) - The purpose of VC3 is to create opportunities
for economic development that will provide year-round family-oriented
activities that are appealing to residents and visitors, and create
jobs for local residents.
4.
Village Center 4 (VC4) - The purpose of VC4 is to encourage opportunities
for economic development and redevelopment that focuses primarily
on commercial uses that support year-round residents and provide year-round
companion commercial businesses and accommodations to enhance the
family-oriented activities area of VC3.
414.2
Applicability. The provisions of this subsection
shall apply to those properties or lots which are located within the
Village Centers Overlay District as shown on the map entitled "Zoning
Map of the Town of Yarmouth," as most recently amended.
414.2.1
Overlay. The VCOD shall be construed
as overlaying other existing zoning districts. The VCOD confers additional
development opportunities that may be pursued at the discretion of
the property owner and through the permit processes described herein.
VCOD provisions may be voluntary or required in accordance with the
following conditions:
1.
Where a site has not been previously reviewed and developed under
the VCOD provisions, development may occur in accordance with the
underlying zoning or the VCOD and submittal for VCOD development applications
shall be voluntary.
2.
Where development activity for a given site was reviewed and approved
as part of VCOD provisions, but a building permit has not been issued
by the Town of Yarmouth, future review for development applications
on the site may either be under the VCOD provisions or those of the
underlying district.
3.
Where development activity for a given site has been reviewed and
approved as part of the VCOD provisions, and a building permit has
been issued by the Town of Yarmouth, any future development applications
shall be reviewed in accordance with the procedures and standards
of the VCOD.
414.2.2
Conflicts. If the applicant chooses development
under this Section 414, and where conflicts exists between this Section
414 and the rest of the Town of Yarmouth Zoning Bylaw, this Section
414 and regulations specifically referencing the VCOD shall apply.
414.2.3
Motels/Hotels. Motels and Hotels that
are located within the VCOD and also located within and meet the applicability
of Section 404.1 (Hotel/Motel Overlay District 1 (HMOD1), may opt
for development under Section 404.1 (HMOD1) or this Section 414.
414.2.4
ROAD Applicability. Development pursued
under this Section 414 shall not be permitted to submit a proposal
under the Revitalization Overlay Architectural District (ROAD) under
Section 411 (ROAD).
414.2.5
Severability. The provisions of this
Section 414 and other sections relating to the VCOD and classes of
districts therein are severable and, in the event that any provision
of this section is determined to be invalid for any reason, the remaining
provisions shall remain in full force and effect.
414.3
Permit Review Thresholds. The following permit
thresholds shall be used to determine which permit process is required
for any proposed VCOD development.
414.3.1
Building Commissioner Review. Applications
for as-of-right VCOD development with the following characteristics
shall be reviewed by the Building Commissioner.
414.3.2
VCOD Site Plan Review. Applications for
as-of-right development that exceed the thresholds for Building Commissioner
review shall be reviewed by the Planning Board in accordance with
the procedures and requirements listed in Section XVI of the Operational
Regulations of the Yarmouth Planning Board. The Building Commissioner
shall not issue a building permit without Planning Board Site Plan
Review. No application for Special Permit under Section 414 may be
filed prior to completion of the Planning Board Site Plan Review process.
Any appeal of Planning Board Decision on Site Plan Review shall be
made to the Zoning Board of Appeals.
414.3.3
Special Permits. The Board of Appeals
shall be the Special Permit Granting Authority (SPGA) for all districts
within the VCOD except where otherwise specifically noted. All application
materials customarily prepared for VCOD Site Plan Review shall be
submitted to the SPGA. The SPGA shall consider the following criteria
when acting on a Special Permit application and may use these criteria
to approve, approve with conditions, or deny said application:
1.
Where applicable, the Planning Board Site Plan Review Decision;
2.
The development provides for or supports Mixed Use development, where
appropriate;
3.
The development maintains or improves pedestrian access and outdoor
public spaces;
4.
The development provides for open space;
5.
The development uses low impact design techniques to mitigate hydrologic
impacts consistent with any applicable town standards for erosion
and sediments control, soil protection, and stormwater management;
6.
The development eliminates or minimizes curb cuts on Route 28;
7.
The development provides for or contributes to alternative transportation
or travel demand management;
8.
Any relief granted in yard setback requirements creates a better
alignment of buildings, improves the design of the building facade,
or where necessary better accommodates shop entrances, plazas, sidewalk
cafes, and pocket parks;
9.
Any relief granted in yard setback requirements creates a safe and
visually attractive walkable access/egress to parking areas;
10.
The relief granted in yard setback requirements will not create significant
interruption of the alignment of any sidewalk constructed on public
or private property or will not otherwise interfere with pedestrian
access;
11.
The development provides for public access to Swan Pond, Parker's
River, or public walkways and/or boardwalks;
12.
The proposed development preserves significant viewshed to the Parkers
River through site design and building scale and placement;
13.
No undue nuisance, hazard or congestion will be created and there
will be no substantial harm to the established or future character
of the neighborhood or town;
14.
The granting of a Special Permit would be consistent with the purpose
of this Section 414;
15.
The granting of a Special Permit would not decrease the degree to
which the proposed development is consistent with the Yarmouth Architectural
and Site Design Standards as adopted and amended; and
16.
The granting of a Special Permit does not cause any violation of
the Design Standards provided in Section 414.8.
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Additionally, the SPGA shall follow other applicable criteria
and procedures as set forth under the specific section of the Yarmouth
Zoning Bylaw for which a Special Permit is being sought.
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414.4
Non-Conforming
Structures, Lots and Uses. Lawfully pre-existing non-conforming
structures; lawfully pre-existing non-conforming lots; and lawfully
pre-existing non-conforming uses, may be continued, but shall not
be extended or altered except as allowed for in the provisions stated
herein:
414.4.1
Non-Conforming Structures and Lots:
414.4.1.1
Lawfully pre-existing structures that do not conform to the
VCOD dimensional standards; other than single-family or two-family
structures which are provided for in 414.4.4 below; located on conforming,
or lawfully pre-existing non-conforming lots that are rendered dimensionally
non-conforming by the VCOD minimum lot area or VCOD minimum lot frontage,
may be extended, altered, or razed and replaced by right provided
that:
(a)
The resulting development, in its whole, complies with all other
applicable provisions of this Section 414, including bringing any
existing structural non-conformity into conformity. Deviation from
this standard of conformance for any buildings fronting along Route
28 shall require a variance. Deviation from this standard of conformance
for buildings not fronting on Route 28 shall require a special permit;
and
(b)
The lot, at the time of recording or endorsement, whichever
occurred sooner, conformed to the then existing lot area and frontage
requirements; and
(c)
The lot has at least eight thousand five hundred (8,500) square
feet of area and fifty (50) feet of frontage; and
(d)
The lot is not held in common ownership with any other contiguous
lot, or was not held in common ownership with any other contiguous
lot at the time of, or since, the effective date of the increased
requirements.
414.4.1.2
Single family and two-family structures on lawfully pre-existing
non-conforming lots may be developed in accordance with Section 104.3.2(1)
and 104.3.2(2) and shall not be developed under the VCOD Bylaw.
414.4.1.3
Dimensional relief for pre-existing lawfully established structures
may be given in accordance with the provisions of Section 414.6.4
- Dimensional Relief.
414.4.1.4
Lots which do not conform to the dimensional requirements of
this bylaw, as amended, shall not be individually built upon unless
combined and/or re-subdivided so as to meet the revised dimensional
requirements except as provided for in this Section 414.4, as enabled
by 414.6.4, or as provided for in Section 104.3.4 of this bylaw.
414.4.1.5
Other Adjoining Non-conforming Lots. Lots
which do not meet the exception of this Section 414.4 or Section 104.3.4,
may be combined and/or re-subdivided pursuant to Section 104.3.5.
414.4.2
Non-Conforming Uses: Lawfully pre-existing non-conforming uses
sited in lawfully conforming or lawfully pre-existing non-conforming
structures may be continued but may not be extended or altered except
as allowed for in the provisions as stated herein.
414.4.2.1
Abandonment. A non-conforming use which
has been abandoned or discontinued for the period of two (2) years
or more, from the date of adoption of this Section 414 bylaw shall
not be reestablished under VCOD regulations, and any future use shall
conform with this bylaw.
414.4.2.2
The change of a nonconforming use to another nonconforming use
is prohibited in the VCOD.
414.4.2.3
The Building Commissioner shall decide whether uses are lawfully
conforming or lawfully, pre-existing non-conforming.
414.4.2.4
Lawfully pre-existing non-conforming uses; (except a non-conforming
use due to Maximum Commercial Tenant Size which follows the provisions
as set forth in Section 414.4.3. below); sited in lawfully conforming
or lawfully pre-existing non-conforming structures, may be extended,
or altered, by right, if the following requirements are met:
(a)
the resulting development, in its whole, complies with all applicable
provisions of this Section 414, including bringing any existing structural
non-conformity into conformity. Deviation from this standard of conformance
for any buildings fronting along Route 28 shall require a variance.
Deviation from this standard of conformance for buildings not fronting
on Route 28 shall require a special permit; and
(b)
the lawfully pre-existing non-conforming use is a permitted
use in the underlying zoning district in which the property is located;
and
(c)
there is no change of use to a non-conforming use of the VCOD.
414.4.3
Maximum
Commercial Tenant Size. A non-conforming use based solely
on a Maximum Commercial Tenant Size non-conformity, located on a lawfully
conforming lot or a lawfully pre-existing non-conforming lot, may
alter, extend, or raze and replace the structure housing the non-conforming
Maximum Commercial Tenant Size use by-right if the following requirements
are met:
(a)
The resulting development, in its whole, complies with all other
applicable provisions of this Section 414, including bringing any
existing structural nonconformity into conformity, other than Maximum
Commercial Tenant Size use; and
(b)
The current tenant size unit may be decreased, but not increased;
and
(c)
The existing use housed in the non-conforming tenant size unit
is a permitted use either in the VCOD or in the underlying zoning
district as provided for in the Table of Uses in Section 202.5; and
(d)
There is no change of use to a non-conforming use of the VCOD.
414.4.4
Change, Extension or Alteration of Single and Two-Family
Structures: Lawfully pre-existing non-conforming single-
and two-family structures, and lawfully pre-existing single-family
and two-family structures located on non-conforming lots, may be altered,
extended or razed and replaced in conformance with Section 104.3.2(1)
and 104.3.2(2) and shall not be developed under the VCOD Bylaw.
414.4.5
Restoration. Repairs and rebuilding shall
be pursuant to Section 104.3.3 of this bylaw.
414.5
Allowed Uses. Allowed uses within the VCOD are referenced in Section 202.5, Use
Regulation Table of this bylaw. The provisions of Section 202, Use
Regulations, it its entirety, shall apply to all development within
the VCOD. No use variances will be allowed in the VCOD.
414.5.1
Additional Use Regulations. The following
additional regulations on use shall apply within the VCOD and districts
therein.
1.
Mixed Use. In keeping with the purpose of
the VCOD, mixed use is not only allowed but encouraged with the following
provisions:
a.
The residential component of any Mixed Use development shall encompass
between 40% and 85% of the Gross Floor Area of the development.
b.
In VC1, 3 and 4, the ground floor of the building(s) facing Route
28 shall contain non-residential uses. For mixed use developments
with minimal commercial use, some non-transient residential use (dwelling
units) may be allowed on the ground floor of buildings that front
on Route 28, if approved through the VCOD Site Plan Review process.
c.
In VC1, 3 and 4 non-transient residential use (dwelling units) shall
be allowed on the ground floor of properties that have their frontage
on a public way, other than Route 28, that existed prior to October
22, 2012.
d.
No commercial uses shall be allowed above a Residential Dwelling
Unit.
2.
Maximum Commercial Tenant Size. Within the
VC1, there shall be a Maximum Commercial Tenant Size of 5,000 square
feet calculated as Tenant Floor Area, as defined below, for each individual
commercial use. Where an individual structure contains more than one
tenant, these tenants shall be counted separately.
Tenant Floor Area: Tenant Floor Area
to determine the maximum tenant size shall be calculated as follows:
For an individual commercial tenant, the sum of the area of
all stories within the perimeter of a unit measured from the exterior
face of the outside walls, or centerline of shared walls with no deductions
for accessory unoccupied areas such as hallways, stairs, closets,
thickness of walls, columns or other such features. Basements, mezzanines,
attics, and crawl spaces used for storage and not designed for human
occupancy shall not count towards Tenant Floor Area. Outdoor areas
used for terraces, patios, uncovered decks, stoops, storage, sales,
service, and display shall also be excluded from determining Tenant
Floor Area. The Building Commissioner shall determine the Tenant Floor
Area of any unit or structure.
3.
Wastewater facilities. Public and private
wastewater treatment facilities, including those shared by multiple
property owners, shall be considered an accessory use to all uses
served by said facility.
4.
Parking Garages. Parking garages, including
underground parking garages, public parking garages as a primary use,
and parking garages as an accessory use to a commercial use are allowed
in the VCOD pursuant to Section 414.7.8(4) (Parking Garages/Structures).
414.5.2
Housing Provisions in the VCOD. The following
housing provisions shall apply in the VCOD. Hotel/Motel redevelopment
under Section 404.1 (HMOD1) of the bylaw are not subject to these
provisions and shall be subject to the provisions as set forth in
Section 404.1 (HMOD1).
1.
Maximum Residential Density. Residential dwelling
unit density in each district of the VCOD shall be as provided for
in Section 414.6.3(1) - Table of Dimensional Requirements.
2.
Unit Size. All residential dwelling units
constructed under the provisions of this Section 414 shall consist
of the following minimum square footage:
a.
400 square feet for a studio unit.
b.
700 square feet for a one-bedroom unit.
c.
900 square feet for a two-bedroom unit.
d.
1,200 square for three or more bedroom units.
|
Studio Unit Limit: The number of studio
units allowed in a development shall be limited to less than, or equal
to, twenty-five (25%) of the total number of residential units in
the development.
|
3.
Inclusionary Housing: The provisions of Section
412 (Affordable Housing) of the bylaw including the provisions of
inclusionary housing therein shall fully apply for VC1, VC3, and VC4.
The provisions of Section 412 shall fully apply in VC2 for projects
developing less than 30 residential dwelling units. The provisions
of Section 412 shall not apply in VC2 for projects developing 30 or
more residential dwelling units for a period of 5-years from the passing
of this Bylaw. After the end of the 5-year exclusionary period (October
22, 2017), the number of affordable housing units required shall be
reduced by 50% from those outlined in Section 412.2.3 only in VC2
for projects developing 30 or more residential dwelling units. Applicants
must have completed the VCOD Site Plan Review process and the Planning
Board Decision issued within the 5-year period to be eligible for
the exclusion. Any approval by the Planning Board for Site Plan Review
will expire 2 years after the Decision has been issued. A project
proponent may renew the approval by majority vote of the Planning
Board anytime within the 2 year period. It is strongly recommended
that project proponents give notice to the Planning Board of their
desire to extend the approval at least 60-days before the expiration
date. No Planning Board Site Plan Review Decision may be extended
to a date beyond October 22, 2019.
414.6
Intensity of Use Regulations.
414.6.1
Building Height. Building height in the
VCOD shall not exceed that which is outlined in the Table of Maximum
Building Height below.
1.
Table of Maximum Building Height within the VCOD.
|
VC1(A)(B)
|
VC2(A)(B)
|
VC3(A)(B)
|
VC4(A)(B)
| |
|---|---|---|---|---|
|
0 - 50 feet from all lot lines
|
35 feet
3 stories
|
35 feet
3 stories
|
35 feet
3 stories
|
35 feet
3 stories
|
|
Beyond 50 feet from all lot lines
|
48 feet
4 stories
|
48 feet
4 stories
|
48 feet
4 stories
|
48 feet
4 stories
|
(A)
Height shall be measured from the existing average natural grade
at the street side of the foundation. Fill in excess of 4', as
measured from natural grade at the street, shall require a permit
from the Building Commissioner per Section 302.1 of the Bylaw. If
the building is located in a FEMA Flood Zone AE, height shall be measured
from 1 foot above Base Flood Elevation (BFE). If the building is located
in a FEMA Flood Zone AO, height shall be measured from 1 foot above
the Depth of Water shown on the Flood Insurance Rate Maps, measured
from the average natural grade at the front face of the building foundation.
If located in a FEMA Flood Zone VE, height shall be measured from
the top of the "freeboard", as defined in the Massachusetts Building
Code 780 CMR (as amended). Parking located below a building shall
not be counted as a story, but shall be taken into consideration when
measuring building height.
(B)
Height limitations shall not apply to ancillary features, such
as chimneys, spires, cupolas, antennas, pediments, cornices, mechanical
equipment or screening for mechanical equipment, railings, or other
similar structures not intended for human occupancy. These ancillary
features shall have a maximum height of 8' above the maximum
building height allowed.
414.6.2
Indoor Water Park. In VC3, a height of
65 feet is allowed for the specific use of an Indoor Water Park. This
height of 65 feet is allowed for the indoor water slide component
of the Indoor Water Park being necessary for the proper use and function
of the water slide. If the Indoor Water Park includes an attached
hotel and hotel amenities complex, the height of 65 feet shall also
be allowed for the attached hotel complex, being necessary for the
proper economic viability and aesthetic integration of the Indoor
Water Park and hotel complex.
This 65 feet maximum height is allowed only for location within
the property being 350 feet or more from the front lot line and being
100 feet or more from all other lot lines. For the remaining portions
of the site, other than the Indoor Water Park and hotel complex, if
applicable, the requirements as set forth in the Table of Maximum
Building Height above shall apply.
414.6.3
Table of Dimensional Requirements. All
buildings and structures within the VCOD shall meet the minimum requirements
set forth in the following Table of Dimensional Requirements unless
otherwise expressly provided for within this bylaw or by G.L. ch.
40A, sec. 6, as amended.
1.
Table of Dimensional Requirements.
|
VC1
|
VC2
|
VC3
|
VC4
| |
|---|---|---|---|---|
|
Lot Size Minimum: (A)
|
20,000 sq. ft.
|
20,000 sq. ft.
|
20,000 sq. ft.
|
20,000 sq. ft.
|
|
Frontage Minimum:
|
125 ft.
|
125 feet
|
125 feet
|
125 feet
|
|
Yard Setbacks: (B) (C) (D)
| ||||
|
• Front Yard Setback Minimum: (E)(F)
|
15 ft.
|
30 ft.
|
15 ft.
|
15 ft.
|
|
• Front Yard Setback Maximum: (G) (F)
|
20 ft., except 25 ft. in FEMA Flood Zones
|
n/a
|
25 ft.
|
25 ft.
|
|
• Side Yard Setback: (H)(I)
|
at zero (0) ft. or 15 ft. minimum
|
25 ft.
|
at zero (0) ft. or 15 ft. minimum
|
at zero (0) ft. or 15 ft. minimum
|
|
• Rear Yard Setback Minimum: (I)
|
20 ft.
|
20 ft.
|
20 ft.
|
20 ft.
|
|
Impervious Coverage Maximum: (J)
|
• 90% for lots less than 1/2 acre;
• 85% for lots 1/2-1 acre;
• 80% for lots greater than 1 acre
|
80%
|
85%
|
80%
|
|
Maximum Commercial Tenant Size:
|
See Section 414.5.1(2)
|
NA
| ||
|
Maximum Residential Density (K) (L) (M)
| ||||
|
• Residential development only
|
8 units/acre
|
16 units/acre (N)
|
8 units/acre
|
8 units/acre
|
|
• Mixed Use development (as part of)
|
16 units/acre
|
16 units/acre (N)
|
16 units/acre
|
16 units/acre
|
|
Footnotes:
| ||
|---|---|---|
|
A.
|
One hundred percent (100%) of the minimum lot size required
must be upland (i.e., not a bank, beach, bog, dune, marsh, swamp or
wet meadow under M.G.L. ch. 131, sec. 40).
| |
|
B.
|
The following are specifically excluded from these regulations:
| |
|
1.
|
Fences, decorative walls, poles, posts, paving and other customary
yard accessories, ornaments and furniture, ramps, landings and similar
structures needed for compliance with the Americans with Disabilities
Act.
| |
|
2.
|
Cornices, window sills, belt courses and other ornamental features
may project not more than eighteen (18) inches; bay/bow windows, greenhouse
windows and eaves may project not more than twenty four (24) inches,
and chimneys may project not more than thirty two (32) inches into
any required yard.
| |
|
3.
|
Any stairway and associated landing may project into a required
yard setback if it is less than thirty (30) inches in height.
| |
|
C.
|
Side and rear yard setbacks for accessory buildings less than
one hundred fifty (150) square feet and single story shall be six
(6) feet in all districts, but in no case built closer than twelve
(12) feet to any other building.
| |
|
D.
|
For an Indoor Water Park, any tube slides protruding from a
wall or roof shall be included and shall comply with the yard setback
regulations.
| |
|
E.
|
Any building located within 100 feet of the intersection of
Parker's River and Route 28 shall be set back from Route 28 a
minimum of 30 feet.
| |
|
F.
|
The front setback minimum and maximum (where applicable) provided
in this table is applicable only to those properties that have their
frontage on Route 28. Front yard setbacks are required along Route
28 to ensure a contiguous broad line of passage for pedestrians and/or
bicyclists along the corridor. For lots with frontage on interior
roads (not on Route 28 or on a public way that existed prior to October
22, 2012) the minimum front yard setback shall be zero provided all
standards for pedestrian and bicycle circulation are met and there
shall be no maximum front yard setback. Front yard setbacks on a public
way other than Route 28 that existed prior to October 22, 2012 shall
be in accordance with Section 203.5 - Table of Dimensional Requirements.
| |
|
If a property has limited frontage on Route 28, with the bulk
of the developable portion of the lot being in the rear (i.e. a flag
shaped lot), the Route 28 streetscape can be developed into green
space which shall include such amenities as a park, sitting areas,
public art, and landscaping, rather than a building, if approved through
the VCOD Site Plan Review process.
| ||
|
G.
|
A minimum of 75% of the building facade shall comply with the
maximum setback requirements. Up to 25% of the facade may be recessed
up to thirty (30) feet farther from the maximum front yard setback
to accommodate alcoves for seating areas, public art, display areas
or fountains.
| |
|
H.
|
For those districts where an absolute at zero (0) side setback
is allowed, this zero (0) side setback will be allowed only upon an
agreement with an abutting property owner is entered into wherein
the abutting property owner, and the developing parcel owner, shall
(re)develop at an absolute zero (0) side setback on said side thereby
creating an adjoining building to visually reinforce a building facade
line of the street. Said agreement shall include provisions and plans
for access and egress to any individual and/or shared parking areas.
Said agreement shall be presented with site development plans at the
time of applying for Site Plan Review, and/or Design Review and/or
Special Permit relief.
| |
|
If a proposal does not meet the above requirements for developing
at a side setback of an absolute zero (0), then the side setback requirement
shall be at the fifteen (15) foot minimum where the building frontage
is on a public way that existed prior to the adoption of this Section
414 (October 22, 2012). For buildings that front on interior drives
or roads created under this Section 414, side yard setbacks may be
smaller than fifteen (15) feet, but shall not result in separated
buildings being closer together than twelve (12) feet.
| ||
|
I.
|
Where the side or rear yard setback is applied to a structure
that is adjacent to a residential district, the setback shall be in
accordance with the value in the table or equal to the height of the
structure, whichever is greater.
| |
|
J.
|
Impervious surface calculations shall include the developed
footprint of impervious surfaces (structures, pavement, etc.) including
any unpaved parking areas. Pervious paving shall be counted as impervious
in lot impervious coverage calculations. Impervious Coverage maximum
shall be calculated based on the upland.
| |
|
K.
|
Under the provisions and requirements as set forth in Section
414.5.2. In calculating the number of residential dwelling units permitted,
the calculation shall be based on upland only. Any fractional units
shall be rounded to the nearest whole number.
| |
|
L.
|
Residential Density is calculated in addition to the commercial
development of a mixed use development.
| |
|
M.
|
Residential density limits apply to residential dwelling units,
not to hotel, motel or other transient residential uses.
| |
|
N.
|
Density may be increased to 20 units/acre for lots with 100,000
square feet or more of upland.
| |
414.6.4
Relief: The SPGA may provide relief from
the provisions within the VCOD bylaw through a Special Permit, except
for relief from building height and maximum front yard setback, which
would require a Variance. The SPGA shall consider the criteria listed
under Section 414.3.3 (Special Permits) when reviewing any Special
Permit application for relief. The SPGA shall not have jurisdiction
over situations that are more specifically defined such as where relief
is allowed by right or precluded under Section 414.4, or where the
Table of Dimensional Requirements provides opportunity for relief
related to flag shaped lots (footnote F).
414.6.5
Signs: No sign shall be erected nor maintained
except as specifically allowed in Section 303 of the Town of Yarmouth
Bylaw and in compliance with Section 414.8.11 (Signage).
414.7
Parking Requirements.
414.7.1
Table of On-Site Parking Requirements. The following table shall
apply to development proposals. Where on-street parking exists or
is proposed along the lot line of any use, all spaces along that lot
line shall be counted.
|
Use (1)
|
Use Table Code (1)
|
Minimum Parking Spaces Required (2, 3)
|
Maximum Allowable Parking Spaces (3)
|
|---|---|---|---|
|
Residential
|
A1, A2
|
1 space/unit
|
2 spaces/unit
|
|
A5-A7
|
1 space/unit
|
1.2 spaces/unit
| |
|
A11, A12
|
1 space/unit
|
1.5 spaces/unit
| |
|
Retail Trade
|
H10 (5)
|
1 space/3 occupants (4)
|
1 space/3 occupants (4)
|
|
H1-H9; H11
|
1 space per 700 square feet of floor area
|
1 space per 350 square feet of floor area
| |
|
Finance, Insurance, and Real Estate
|
I1-I5
|
1 space per 700 square feet of floor area
|
1 space per 200 square feet of floor area
|
|
Personal Services
|
J1-J5
|
1 space/4 occupants (4)
|
1 space/3 occupants (4)
|
|
Business Services
|
K1-K10
|
1 space per 1,000 square feet of floor area
|
1 space per 300 square feet of floor area
|
|
Motor Vehicle Services
|
L1, L3
|
1 space per 1,000 square feet of floor area
|
1 space per 300 square feet of floor area of floor area
|
|
Miscellaneous Repair Services
|
M1, M3
|
1 space per 1,000 square feet of floor area
|
1 space per 300 square feet of floor area
|
|
Amusement and Recreation Services
|
N1-N12
|
1 space/4 occupants (4)
|
1 space/3 occupants (4)
|
|
Professional Services
|
O1
|
1 space/3 occupants (4)
|
1 space/2 occupants (4)
|
|
O2-O6
|
1 space per 500 square feet of floor area
|
1 space per 250 square feet of floor area
| |
|
Institutional Services
|
P1-P10(6)
|
As determined to be adequate by the Building Commissioner on
advice by the Site Plan Review Team.
|
NA
|
|
Other (incl. uses N6, 9, 11 & uses not elsewhere classified)
|
As determined to be adequate by the Building Commissioner on
advice by the Site Plan Review Team.
|
As determined to be adequate by the Building Commissioner on
advice by the Site Plan Review Team.
|
|
Notes:
| |
|---|---|
|
1.
|
As listed in Section 202.5 Use Regulation Schedule.
|
|
2.
|
Where a development proposal shows that a lot will only contain
one structure, the proposal must demonstrate that the minimum amount
of required parking shall be provided on-site.
|
|
3.
|
Where parking spaces are based on occupancy, occupancy loads
shall be tabulated in accordance with Massachusetts Building Code.
|
|
4.
|
In cases where planned occupancy is to be below allowable occupancy,
parking spaces may be constructed at a reduced number provided that
the lot shall be capable of expansion to the spaces required in the
table above. When the occupancy load of a building increases, the
additional required spaces shall be constructed or identified.
|
|
5.
|
Parking requirements for outside restaurant seating shall be
calculated in the same manner as those for inside restaurant seating.
|
|
6.
|
Parking for Day Care Centers: one parking space for every 8
children allowed at the facility, based on the maximum permitted occupancy,
is required, plus 1 space for every 3 full-time employees.
|
414.7.2
Loading Requirements. Adequate off-street
loading facilities and space must be provided to service all regular
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 a public way or be parked on a public way while loading,
unloading or waiting to do so.
414.7.3
Drive-through Facilities: Businesses
utilizing drive-through facilities must provide stacking lanes pursuant
to Section 301.8. Drive-through service windows shall only be located
on the side or in the rear of properties which are internal to the
block or accessible from an alley. An acceptable configuration example
is shown in Figure 1 below.
 |
414.7.4
Shared Parking for
Non-Residential Uses. Where an applicant cannot meet the
minimum parking requirements on-site pursuant to Section 414.7.1 (Table
of On-Site Parking Requirements), the applicant may present evidence
to the Planning Board as part of Site Plan Review that the configuration
of uses and parking areas will be adequate based on a shared parking
analysis. While residential use may share parking as part of a mixed
use development, reduction in parking spaces for residential use on-site
shall not be allowed. Evidence that shared parking areas will be adequate
for more than one non-residential use shall be in the form of calculations
that show acceptable reductions based upon whether different uses
compete for the same parking area as part of daily operations.
1.
For Two Non-Residential Uses Sharing Parking Areas:
(a)
Where peak parking demands for two non-residential uses overlap,
the aggregate parking space requirement between those uses may be
reduced by up to thirty (30) percent.
(b)
Where peak parking demands for two non-residential uses do not
overlap, the aggregate parking space requirement may be served exclusively
by the higher parking demand associated with an individual use.
|
Sample Calculations for Parking Areas Serving Two Non-Residential
Uses
|
|
Competing Uses
| ||
|---|---|---|
|
1. Baseline Parking Demand Determination
| ||
|
Use
|
Building Size/Occupancy
|
Minimum Demand
|
|
Bank
|
3,000 square feet
|
4 spaces
|
|
Doctor's Office Building
|
6,000 square feet
|
24 spaces*
|
|
Aggregate Parking Demand
|
28 spaces
| |
|
2. Reduction
| ||
|
30% Reduction
|
20 spaces
| |
|
*
|
Based on assumed occupancy rate.
|
|
Non-Competing Uses
| ||
|---|---|---|
|
1. Baseline Parking Demand Determination
| ||
|
Use
|
Building Size/Occupancy
|
Minimum Demand
|
|
Doctor's Office Building
|
6,000 square feet
|
24 spaces*
|
|
Restaurant (dinner service only)
|
120 occupancy
|
40 spaces
|
|
Aggregate Parking Demand
|
64 spaces
| |
|
2. Reduction
| ||
|
Larger Individual Demand
|
40 spaces
| |
|
*
|
Based on assumed occupancy rate.
|
2.
For More than Two Non-Residential Uses:
(a)
Where a proposed development would contain more than two non-residential
uses and the applicant wishes to use shared parking to meet the minimum
requirements of Section 414.7.1 (Table of On-Site Parking Requirements),
the applicant shall first determine reductions for those uses with
competing peak demands in accordance with the methodology in Section
414.7.4(1) (Shared Parking).
(b)
The result of competing peak demand calculations shall then
be compared to determine which set of competing demands shall be used
to provide the overall parking space count. For example, daytime demands
may exceed nighttime demands and, in that case, the daytime demand
would serve as the overall parking demand for that site.
|
Sample Calculations for Parking Areas Serving More than Two
Non-Residential Uses
|
|
Sample Mixed Use Plaza Profile:
|
|
• Medical Office (10,000 square feet)
|
|
• Grocery Store (14,000 square feet)
|
|
• Retail, Daytime (5,000 square feet)
|
|
• Restaurant, Dinner Only (90 occupants)
|
|
• Restaurant, Lunch and Dinner (60 occupants)
|
|
• Bank (5,000 square feet)
|
|
Step 1: Competing Uses (Daytime)
| ||
|---|---|---|
|
1. Baseline Parking Demand Determination (Daytime Peak)
| ||
|
Use
|
Building Size/Occupancy
|
Minimum Demand
|
|
Medical Office
|
10,000 square feet
|
42 spaces*
|
|
Grocery Store
|
14,000 square feet
|
20 spaces
|
|
Retail, Daytime
|
5,000 square feet
|
7 spaces
|
|
Restaurant, Lunch and Dinner
|
60 occupants
|
20 spaces
|
|
Bank
|
5,000 square feet
|
7 spaces
|
|
Baseline Parking Demand
|
96 spaces
| |
|
2. Reduction Comparison (Daytime Peak)
| ||
|
30% Reduction
|
67 spaces
| |
|
*
|
Based on assumed occupancy rate.
|
|
Step 2: Competing Uses (Nighttime)
| ||
|---|---|---|
|
1. Baseline Parking Demand Determination (Daytime Peak)
| ||
|
Use
|
Building Size/Occupancy
|
Minimum Demand
|
|
Restaurant, Lunch and Dinner
|
60 occupants
|
20 spaces
|
|
Restaurant, Dinner Only
|
90 occupants
|
30 spaces
|
|
Grocery Store
|
14,000 square feet
|
20 spaces
|
|
Baseline Parking Demand
|
70 spaces
| |
|
2. Reduction Comparison (Nighttime Peak)
| ||
|
30% Reduction
|
49 spaces
| |
|
Step 3: Non-Competing Uses (Nighttime vs. Daytime)
| |
|---|---|
|
Daytime Demand
|
67 Spaces (larger demand is chosen)
|
|
Nighttime Demand
|
49 Spaces
|
414.7.5
Off-Site Parking for Residential or Non-residential
Use. Where an applicant cannot meet the minimum parking
requirements on-site pursuant to Section 414.7.1 (Table of On-Site
Parking Requirements), the applicant may present evidence to the Planning
Board as part of Site Plan Review that supplementary parking in the
amount required to meet or exceed the minimum standard will be provided
off-site. The Planning Board may approve off-site provision of up
to 100% of the required on-site parking provided the following conditions
are met:
1.
Any parking required to meet the provisions of the Americans with
Disabilities Act is provided on-site.
2.
At least one parking space with a width of ten (10) feet shall be
provided in close proximity to the primary structure to allow for
loading and unloading of goods, people, and/or deliveries. Additional
such parking spaces may be required on-site depending on the size
and use of the development.
3.
The off-site parking area shall be within 500 feet walking distance
from the building which it will serve. The distance between the off-site
parking and the building it is intended to serve shall be measured
along an established pedestrian route from the nearest edge of the
building to the nearest edge of a parking space. The pedestrian route
shall be well-finished, safe, and unobstructed.
4.
Where off-site parking is proposed, applicants shall provide a signed
agreement between the property owners clearly stating the terms of
the agreement to allow for parking access. Where the agreement may
have an expiration date, failure to renew or to provide other acceptable
arrangements shall place the subject property in non-conformity with
regard to parking requirements.
414.7.6
Bicycle Parking. Bicycle parking facilities
shall be provided within the development.
414.7.7
Exceeding the Parking
Maximum. An applicant who wishes to provide more parking
than the maximum allowable standard in Section 414.7 (Parking Requirements)
on-site may do so in accordance with the following:
1.
Exceeding the maximum may occur by-right through the provision of
underground parking or through the use of structured elevated parking.
2.
Exceeding the maximum may be allowed by the Building Commissioner
upon unanimous recommendation in writing by the Site Plan Review Team
if it is determined that special circumstances render a larger maximum
provision necessary for typical parking needs.
3.
Exceeding the maximum may be allowed through a Special Permit granted
by the Board of Appeals.
4.
In making any determination, the permitting authority shall consider
present, as well as proposed and potential future parking needs, and
such determination and/or special permit may contain any restrictions,
limitations or conditions reasonably necessary to carry out the intention
and purpose of this bylaw. Such restrictions, limitations, and conditions
may include, among other things:
a.
Provisions for establishing maximum allowable occupancy.
b.
Provisions for expiration or forfeiture of the determination/permit
upon stated conditions or upon substantial change of the "special
circumstances" upon which the determination/permit was granted.
c.
Provisions limiting the duration.
d.
Such other provisions as are reasonably related to pursuing and carrying
out the intent and purposes of this bylaw.
|
The burden of proof shall be on the applicant to
demonstrate to the Town that there is evidence demonstrating a clear,
regular need for such parking, that the purposes of this district
are maintained, and that the design of these parking areas complies
with the provisions of this section of the Zoning Bylaw.
|
414.7.8
Parking Lot Design Standards.
1.
Relationship to Section 301 (Parking and Loading Requirements) of
the Zoning Bylaw. Standards related to parking area design located
in Section 301 of the Zoning Bylaw shall not apply to VCOD development.
2.
Parking Space and Travel Lane Dimensions.
For the purposes of this Bylaw, minimum parking space and travel
lane dimensions for surface parking areas shall comply with the following
table. Parking spaces and travel lanes in structured parking facilities
may use different dimensions as may be necessary to construct the
facility and provide safe passage for vehicles parking therein.
|
Minimum Parking Space and Travel Lane Dimensions
| ||||
|---|---|---|---|---|
|
Parking Angle
|
Stall Width
(parked car width)
|
Stall Depth*
|
Travel Lane
(one way)
|
Travel Lane
(two way)
|
|
Parallel
|
10.0'
|
22.0'
|
12.0'
|
24.0'
|
|
45°
|
10.0'
|
16.0'
|
11.0'
|
21.0'
|
|
60°
|
10.0'
|
17.0'
|
15.0'
|
21.0'
|
|
75°
|
10.0'
|
17.5'
|
17.0'
|
21.0'
|
|
90°
|
10.0'
|
18.0'
|
22.0'
|
24.0'
|
|
*
|
Parallel parking depth is measured as the length of the space
parallel to the adjacent travel lane. All other stall depth values
are measured perpendicular to the adjacent travel lane.
|
All parking areas shall be designed with enough maneuvering
space so that vehicles need not back onto a public way, the required
screens, buffers, tree plots or other parking spaces. Driveways subject
to this section shall have two hundred fifty (250) feet visibility
in each travel direction and shall be comprised of two (2) travel
lanes each not more than twelve (12) feet nor less than ten (10) feet
in width; a minimum curb radius of 25 feet shall be provided.
3.
Landscaping Requirements. Landscaping of parking areas shall be provided
in accordance with the requirements in Section 414.8.9. The landscaping
requirements in this section are intended to provide a set of standards
toward reducing the visual impacts of large areas of pavement, improving
the overall environment of parking areas by providing areas for shade
and heat reduction, and enhancing the overall aesthetic appeal of
parking areas.
4.
Parking Garages/Structures. Parking garages/structures or entrances
to such facilities shall not be located along the frontage of Route
28. On lots with frontage on Route 28, these structures shall be set
back behind other buildings or integrated into the structural design
of those buildings along the arterial frontage. All other dimensional
requirements shall apply.
414.8
VCOD Design Standards. Applicants for new development or redevelopment who elect the use
of VCOD provisions relative to use, intensity of use, buildings, parking
and other applicable standards provided as part of this section of
the Zoning Bylaw shall comply with the following design standards.
Compliance with these standards shall be demonstrated through Site
Plan Review materials as required in the Operational Regulations of
the Yarmouth Planning Board. Members of the Site Plan Review Team,
the Design Review Committee, and the Planning Board shall also use
the most recent version of the Town of Yarmouth Architectural and
Site Design Standards to review applications within the VCOD. Compliance
with the Yarmouth Architectural and Site Design Standards shall be
mandatory for all VCOD projects. The VCOD Design Standards are to
be applied to an entire site and existing and new buildings and structures
on a site; it is not the intent of the VCOD Standards to allow for
partial site compliance.
414.8.1
Site Design. The location of buildings,
parking areas, walkways, outdoor gathering places, landscaping, utilities,
loading areas, dumpsters, automobile access, travel lanes, and signs
shall reflect a thoughtful approach that focuses primarily on providing
optimal access and mobility for pedestrians on and between sites.
The following standards shall apply:
1.
Parking areas shall be located to the rear and/or side of structures.
Parking on the side of structures shall be located behind the minimum
front yard setback shown in Section 203.5 - Table of Dimensional Requirements;
or behind the maximum front yard setback for properties fronting on
Route 28 as shown in Section 414.6.3 - Table of Dimensional Requirements.
Driveways and travel lanes shall not be allowed within the front yard
setback with the following exceptions:
a.
Driveways connecting the property to the street and running perpendicular
to the lot line, which are used to access parking areas to the side
or rear of the building, are allowed in the front yard setback.
b.
In VC2, where adequate buffers are provided pursuant to the landscaping
requirements of this bylaw, a travel lane may be allowed in the front
yard setback along any public way established prior to October 22,
2012.
2.
Parking areas shall allow for easy access between lots for automobiles
and pedestrians. Where feasible, parking lots shall be connected by
a travel lane within the rear yard to provide an opportunity for pedestrians
and motorists to pass from one site to another without using established
rights of way.
3.
Where an adjacent lot is not yet developed or the design of an adjacent
lot precludes the ability to connect parking areas from one lot to
another, the applicant shall identify on Site Plan Review materials
the location where a future connection could take place.
4.
Clear pedestrian pathways shall be provided between buildings, from
the development to public ways, and across automobile driveways. Where
there are existing sidewalks along Route 28, the design of the VCOD
development shall provide accommodations for future expansion of 6'
wide sidewalks onto the property along the entire frontage abutting
Route 28. When no sidewalk exists, the developer shall provide a minimum
six (6) foot wide sidewalk on the project property along the entire
frontage abutting Route 28. Applicants are encouraged to explore opportunities
to reconfigure existing sidewalks to better accommodate pedestrian
and/or bicycle traffic.
5.
Pursuant to Section 401.3, outdoor display of retail goods shall
only occur along the facade 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. No outdoor display
of goods shall occur in a manner that precludes a minimum four (4)
foot wide clear pedestrian passage along the sidewalk.
6.
In complexes with multiple principal buildings, landscaped areas
with walkways, courtyards or arcades shall be used in conjunction
with compact site design to bring buildings closer together and enhance
connectivity between them for residents and customers.
7.
Building placement on lots adjacent to the Parkers River shall be
set back in a manner that preserves viewsheds to the river from the
public right of way to the maximum extent practicable. Buildings shall
have their narrowest profile oriented to the street where such orientation
will increase visibility to the river from the street. Any building
located within 100 feet of the intersection of Parker's River
and Route 28 shall be set back from Route 28 a minimum of 30 feet.
414.8.2
Circulation Standards.
1.
Pedestrian connections between buildings shall be provided as safe,
broad and easily identifiable ways of walking through areas that may
also be occupied by automobiles. These walkways shall be designed
to clearly show the space is primarily dedicated to pedestrian traffic
through the use of raised or alternative surfaces, signage or raised
landscaped islands that may serve as a safe resting area for pedestrians
between automobile travel lanes.
2.
Travel lanes and driveways developed interior to the site shall incorporate
speed reduction techniques where travel lanes are adjacent to the
edge of a building. Where a travel lane will be used solely for the
purposes of loading or other maintenance activities, these features
shall not be required. Speed bumps, raised cross walks, or other traffic
calming measures shall be provided at a minimum frequency of one for
every seventy (70) feet along the building edge.
3.
If determined necessary through the VCOD SPR process, travel lanes
within VCOD development shall make provision for bicycle travel. Lanes
shall either be designed to show a dedicated bicycle lane(s) distinct
from automobile travel lanes, at a minimum of four (4) feet in width,
or coincident travel of bicycles and automobiles may be indicated
with striping or shall incorporate bicycle sharrows (pavement markings).
414.8.3
Building Size and Modulation.
1.
In order to modulate their scale, multi-story buildings shall clearly
articulate the base, middle and top of the building through the use
of cornices, stepbacks, borders of distinct material or other articulating
features on every visible surface of the building.
2.
Larger buildings with long facades shall articulate the facade with
varied rooflines, distinct signage for multiple tenants, awnings,
arcades, pilasters, columns, recessed spaces and/or entrances and
any other features that serve to add texture to these longer facades.
Unbroken facades in excess of fifty (50) feet shall not be allowed.
3.
Large, flat, unadorned, blank walls shall not be allowed for any
side or rear walls of buildings except where a rear wall is accessible
only to service vehicles. Windows are required in sidewalls for buildings
that front on Route 28. Where windows are not feasible for other buildings,
raised or recessed vertical surfaces may be used in conjunction with
awnings, window-shaped depressions and decorative lighting to make
these surfaces more attractive.
4.
Awnings shall be made of canvas and/or weather-coated materials.
Awnings along continuous building lines that are separated shall be
distinct from one building to another. Continuous awnings may only
be allowed over a maximum of three contiguous storefronts.
414.8.4
Entranceways.
1.
All buildings shall have a principal facade and entry (with operable
doors) facing a street or other area dedicated to pedestrian circulation.
Buildings may have more than one principal facade and/or entry. Primary
entrances not facing a street shall open onto sidewalks or other pedestrian
features at least ten (10) feet in width.
2.
Main entrances shall incorporate architectural features that draw
attention to the entrance. These features may include covered porches,
distinct sidewalk surfacing, porticos, recessed doorways and awnings.
3.
For commercial use, street level frontage shall be primarily devoted
to entrances, shop windows or other displays. Street level frontage
that incorporates setback areas beyond the minimum required in Section
414.6.3 (Table of Dimensional Requirements) shall incorporate seating
and trash receptacles that are accessible to pedestrians to the extent
practicable.
414.8.5
Fenestration.
1.
Bays in facades above the ground floor level shall typically be double
hung, except where acceptable design features or dormer variations
may require a different ratio or style. Multiple bays may be placed
immediately adjacent to one another in order to create larger window
areas.
2.
For commercial use, windows on the ground floor shall begin no lower
than two (2) feet from street level and shall extend at a minimum
height of seven (7) feet from street level. Windows may be closer
to street level where they serve as a secondary entrance to outdoor
seating or similar areas.
3.
Mullion pattern and thickness shall reflect traditional New England
design with broad decorative surfaces between windows. Highly reflective
or industrial finish mullions are prohibited.
4.
For commercial use, clear, non-reflective glass with minimal tinting
shall be used at street level to allow maximum visual interaction
between pedestrians and the interior of the building.
5.
For commercial use, street level facades shall have a transparency
of at least sixty (60) percent.
6.
For commercial use, all windows (except storefront windows) shall
be operable.
414.8.6
Dormers.
1.
On pitched rooflines of 50' or more in length, dormers or other
architectural elements shall be used to break up roof surfaces.
2.
Dormer styles may include doghouse, eyebrow or shed dormers.
3.
Windows shall fill the face wall of the dormer to the maximum extent
practicable and match the architecture of windows in the rest of the
building.
414.8.7
Roofline Articulation. Roof design shall
provide a variety of building heights and varied roofline articulation.
1.
Roof models shall include such styles as gables, gambrels, hip roofs,
mansards, and flat roofs. Where flat roofs are proposed, these rooflines
shall have decorative cornices, parapets or other architectural elements
that extend from the roof edge to provide a decorative and articulated
edge, and screen roof mounted equipment.
2.
Decorative spires or towers may also be used to articulate rooflines
and to provide focal points within a complex of principal buildings.
3.
Industrial style metal roofing visible from the street shall not
be permitted. Metal roofing that uses decorative finishes and textures
may be used to accent individual architectural features such as roof
trim, window bays or other projecting features.
4.
Downspouts shall match gutters in material and finish.
5.
Utilities and protuberances through or on the front of roofs are
highly discouraged and should generally be shielded from view.
414.8.8
Building Materials. Materials and building
treatments shall be used that reduce the visibility of buildings from
distant vantage points and shall be consistent and compatible with
traditional New England design as follows:
1.
Where more than one material is used, traditionally heavier materials
(stone, brick, concrete, etc.) shall be located below lighter materials
(wood, fiber cement board, siding, etc). The change in material shall
occur along a horizontal line, preferably at the floor level.
2.
Natural materials, such as brick, stone, wood/concrete clapboards
and shingles, and slate are the preferred materials for building siding
and trim. Vinyl, PVC, cementitious, or other synthetic materials may
be used for siding and trim where these applications imitate traditional
materials such as clapboard or shingling. The burden of proof shall
be on the applicant to demonstrate that the quality of the imitation
material complies with the purpose of the bylaw. Industrial materials
such as unfinished concrete, sheet metal, asphalt shingles (except
for roofing), and insulated steel doors shall not be used except where
essential to the proper function of a building feature as related
to safety, security or proper mechanical function.
414.8.9
Landscaping. All areas of a site that
are not used for structures, parking, circulation, or other hardscape
amenities shall be landscaped. Landscaping may occur as installed
or retained vegetation in accordance with the following standards.
1.
Plant Selection.
a.
No tree, shrub or plant shall be proposed that has been identified
as an Invasive Species by the Massachusetts Plant Advisory Group in
the latest version of The Evaluation of Non-Native Plant Species for
Invasiveness in Massachusetts (with annotated list), has been identified
as invasive or banned on the Massachusetts Prohibited Plant List as
periodically updated by the Massachusetts Department of Agricultural
Resources, or in any other reputable scientific publication that may
be acceptable to the Board.
b.
Landscaping shall be designed to remain functional and attractive
during all seasons through a thoughtful selection of deciduous, evergreen,
berrying and flowering plant varieties. Applicants are encouraged
to consult the latest version of The Vascular Plants of Massachusetts:
A County Checklist as published by the Massachusetts Division of Fisheries
and Wildlife and Natural Heritage & Endangered Species Program
to determine which plants are native to Barnstable County.
c.
Plant varieties shall be selected for resistance to drought, moisture,
salt, urban conditions, or insects and other pests depending on the
location of landscaping and the specific stressors anticipated for
different areas of the site. Plants shall be selected so that landscaping
can be maintained with minimal care and the need for watering, pesticides
or fertilizers can be minimized or eliminated. Applicants are encouraged
to consult The Massachusetts Nursery and Landscape Association's
Pocket Guide to Native and Low Maintenance Woody Plants.
d.
The use of turf shall be minimized and shall not be planted in strips
less than six (6) feet wide. Lawn seed mixes shall be drought resistant.
To achieve a high level of drought tolerance, lawn mixes may include,
but shall not be limited to, a predominance of fine fescues.
2.
General Standards.
a.
Where landscaped areas do not include planted materials, other decorative
materials or features shall be used such as walkways, gathering places,
or areas for public art. Unplanted areas shall not be filled with
uniform gravel applications or riprap unless approved as part of stormwater
management practices.
b.
Landscape features shall provide a clearly defined edge between the
vegetated areas and areas reserved for pedestrian or automobile travel
through the use of hardscape elements that may include, but shall
not be limited to, fencing, curbing, or decorative stone.
c.
Any free-standing electrical structures, HVAC structures, or waste
receptacles (e.g., dumpsters, grease traps, etc.) shall be fully screened
from view through the use of evergreen vegetation, fencing, or a combinations
thereof.
3.
Buffers.
a.
Landscaping shall be required between VCOD developments and residentially
zoned areas with no less than a twenty (20) foot wide buffer.
b.
Within the twenty (20) foot buffer to a residentially zoned area,
a vegetated, virtually opaque screen shall be provided by a minimum
six (6) foot wide planting strip maintained with densely planted shrubs
not less than six (6) feet in height, except as allowed under paragraph
f below. Shrubs shall be at least seventy-five percent (75%) evergreens
however the use of tall, monoculture, and uniformly planted rows of
evergreens or other similar species shall not be used.
c.
The area of the buffer to a residentially zoned area that is not
dedicated to the provision of a virtually opaque screen shall be landscaped
in accordance with the other applicable standards of this bylaw.
d.
Fences or walls may be a part of the required screening where deemed
necessary, and as approved by the Town.
e.
Earthen berms may be used in the buffer design, provided such side
slopes are adequately stabilized by vegetation.
f.
Breaks in the buffer may also be incorporated into the design to
provide for water access and/or water views, and where designated
pedestrian or bicycle crossings or other features specifically designed
to provide attractive visibility or connections to surrounding neighborhoods
are part of the approach to site-wide circulation.
g.
Trees shall be planted in buffer areas and along frontage lines at
a minimum frequency of one every thirty (30) linear feet measured
along the buffer or lot line.
4.
Parking Areas.
a.
Developments with proposed parking areas of six (6) spaces or more
shall provide a minimum of ten percent (10%) of landscaped open space
within the area designated for parking inclusive of any landscaped
borders surrounding the parking lot. Parking garages/structures shall
not be subject to this requirement.
b.
The ends of parking aisles in surface lots that are more than fifteen
(15) spaces in length shall incorporate landscape islands at either
end of the row. Each island shall include at least one tree. Where
the length of a parking aisle exceeds twenty-five (25) spaces, additional
landscaped islands shall be installed at regular intervals. This interval
shall not be more than every thirteen (13) spaces. Where arced semi-circle
islands, triangles or similar shapes are proposed, the width of landscaped
islands perpendicular to adjacent spaces shall be no less than eight
(8) feet at their widest point. Where oval shaped islands are proposed,
the width of the island shall be no less than six (6) feet.
c.
Trees shall be selected and placed in landscaped areas so that all
parking areas can reasonably be expected to receive 30% canopy coverage.
The expected canopy radius of each selected tree shall be noted in
the required site plan materials.
d.
Parking areas for five (5) or more cars or any travel lane shall
be separated from any other property line interior to the VCOD by
a minimum ten (10) foot wide landscaped buffer. The width of this
buffer may be reduced, or the buffer may be eliminated entirely, where
the applicant can demonstrate that the reduction or elimination of
such buffer will not cause nuisance or undue harm to abutting properties
and is specifically designed to:
i.
Improve pedestrian, bicycle and/or vehicular circulation and/or
reduce curb cuts;
ii.
Allow for the placement of driveways and/or buildings in a manner
that better meets the design standards in Section 414.8 (VCOD Design
Standards);
iii.
Anticipate improvements to abutting properties that will be
complementary to the alternative buffer design.
e.
Parking areas or travel lanes that extend to a property line and
lie adjacent to any sidewalk on a public way shall be separated from
the sidewalk by a minimum twelve (12) foot wide landscaped buffer.
This buffer shall be designed to provide separation between the parking
area and the sidewalk while maintaining visual awareness between the
two areas. The parking area shall not be fully screened from the pedestrian
way. Separation may be achieved through the use of low fencing, trees
that maintain a canopy height of at least eight (8) feet, and/or low
lying shrubs that will not exceed three (3) feet in height. The buffer
may be interrupted by breaks designed to provide pedestrian connections
from the parking area to the sidewalk.
5.
Sight Lines.
a.
With the exception of street trees, no hedge or other vegetation
over three (3) feet in height above the adjacent ground shall be maintained
within eight (8) feet of any street lot line unless the Town finds
that such vegetation will not restrict visibility in such a way to
hinder the safe entry of a vehicle from any driveway to the street.
b.
At no street intersection in any district shall an obstruction to
vision exceeding two and one-half (2.5) feet in height above the street
grade be placed or permitted to grow on any lot within the triangle
formed by the street lot lines abutting the intersection and a line
connecting points on these street lot lines at a distance of thirty-five
(35) feet from the point of intersection of the street lot lines.
6.
Tree Specifications.
a.
All proposed shade or canopy trees shall have a minimum 3" caliper.
b.
Shade or canopy trees shall not be less than twelve (12) feet in
planted height above grade.
c.
Ornamental or flowering fruit trees shall not be less than seven
(7) feet in planted height above grade unless specific dwarf varieties
have been selected that require the planting of a smaller specimen.
d.
Evergreen trees used for screening shall not be less than six (6)
feet in planted height above grade;
e.
At the time of planting, shrubs shall be well established and shall
stand at least one (1) foot tall above grade.
f.
All plant materials shall be hardy to the appropriate temperature
zone as defined by the American Standards for Nursery Stock.
g.
Any existing trees of four-inch (4") caliper or greater shall be
retained where they are coincident with proposed landscaping areas.
Such trees shall be removed if they are identified as an invasive
species or if their health is clearly compromised at the time of application.
h.
Trees that are included in any landscaping plan, which die subsequent
to development, shall be replaced.
7.
Decorative Walls and Fencing.
a.
Chain link fencing shall be prohibited in all districts unless it
is necessary for compliance with security purposes unique to an individual
use, is vinyl coated, and completely screened from view through the
use of opaque evergreen trees or through a second layer of wooden
fence material.
b.
In all districts, decorative fencing associated with commercial or
mixed use properties may be wooden or vinyl where simulated picket
or rail fence designs are used. Where wooden or vinyl fencing associated
with commercial or mixed use is used, the fencing shall not be opaque,
and shall not exceed four (4) feet in height except where screening
utilities or waste receptacles in accordance with Section 414.8.9(2.)
Fencing for structures that are exclusively residential (including
hotel) may also be wooden, but may be opaque and up to six (6) feet
tall. Such fences for residential areas shall only be allowed in the
side or rear yard setbacks.
c.
In VC 1 and 2, decorative free-standing (not "retaining") walls shall
not exceed three (3) feet in height and shall be constructed of natural
stone material in a manner that resembles traditional early New England
stone walls. Masonry binder material may be used to secure stones,
but shall not be visible on the sides of the wall. Bricks shall not
be used in VC 2 for the construction of decorative walls.
d.
Only in VC 3 and 4, decorative fencing associated with commercial
or mixed use properties may be steel, cast aluminum, or other similar
finished metal material (customarily used to imitate traditional cast
iron fencing). These fences shall not be opaque and shall not exceed
five (5) feet in height except where screening utilities or waste
receptacles in accordance with Section 414.8.9(2). Posts shall be
constructed of brick or stone.
e.
In VC 3 and 4, decorative free-standing (not "retaining") walls shall
not exceed four (4) feet in height and may be constructed of bricks
or cut stone material.
414.8.10
Lighting. In addition to any applicable
standards for lighting associated with parking areas or signs, the
following shall apply. Limitations on the height of lighting shall
be measured to the highest point of the light structure.
1.
In VC 1 and 2, light standards for lights along public roads shall
not exceed twelve (12) feet in height and may only include one (1)
fixture per light standard. Lights in rear or side parking areas shall
not exceed fifteen (15) feet in height and may include multiple fixtures
per light standard;
2.
In VC 3 and 4, light standards shall not exceed sixteen (16) feet
in height and may include multiple fixtures per light standard;
3.
Traditional New England "period" light posts and fixtures shall be
used. Such lighting shall be decorative in shape, scale, and finish,
with detailed, articulated treatments for the base, post, fixture
and crown. Lighting shall not use standard industrial-finish poles
or shades. Applicants are encouraged to reference the discussion of
lighting poles and fixtures within the Cape Cod Commission's
"Designing the Future to Honor the Past, Design Guidelines for Cape
Cod."
4.
Lighting installed or directed at the ground level shall not exceed
a lumen density of 50,000 lumens per acre of developed area.
5.
In commercial or mixed use development, trespass of light at property
boundaries shall not exceed 0.1 foot candles. Where commercial or
mixed use development abuts a residential district, trespass of light
at that boundary shall not exceed 0.05 foot candles.
6.
In development areas that are exclusively residential, trespass of
light at property boundaries shall not exceed 0.05 foot candles.
7.
At driveways, lighting may be up to 0.5 foot candles at the property
line adjacent to a roadway.
8.
Non-decorative lighting shall be tinted amber or in some manner acceptable
to the Town in order to reduce the glare that would otherwise emanate
from standard white bulbs and clear lenses.
414.8.11
Signage. The following standards for
signage are provided as a supplement to existing standards in the
Zoning Bylaw (Section 303 - Signs). Where there may be a perceived
conflict between these two sections, the following standards shall
apply.
1.
Signs shall not be located in a dedicated pedestrian or bicycle way
or in any manner that interrupts intended patterns of pedestrian/bicycle
circulation.
2.
Wall mounted or projected signs shall be located above the ground
floor storefront and just below the second floor windows. Signs shall
be integrated by structural design and finish with the design of the
building and shall not obscure architectural features or windows.
3.
Projecting signs shall be located to provide a minimum of 8'
of clearance, shall not exceed 4 square feet in size and shall not
project more than 4' from the building. Projecting signs used
to advertise businesses on the second floor space shall be in addition
to allowed wall signs and free standing signs.
4.
Window signs are allowed in accordance with Section 303.5.3 but may
only be wooden, corkboard, or chalkboard signs hanging or posted inside
the building or stenciled lettering.
5.
Sign colors should be selected to enhance sign legibility for both
day and nighttime viewing consistent with the requirements of Section
303.5.4.3. Sign colors and finishes shall be compatible with the color
of the building or development.
6.
Sign materials shall be of high quality and compatible with the design
of the building and facade on which they are placed.
7.
Externally illuminating signs shall have downward-directed, wall
mounted lights with fully-shielded decorative lamps that do not obscure
the graphics of the sign.
8.
Internally illuminated plastic or fiberglass cabinet (can) signs
are not allowed. Where back-lighting is proposed, solid letters (reverse
channel or halo) shall be used.
9.
Signage on awnings is permitted only on the apron portion of the
awning for business identification or to advertise particular goods
and/or services.
10.
Size of free-standing signs shall adhere to Section 303.5.4.
Free-standing, single pole (lollipop) signs are not allowed. Free-standing
signs shall incorporate design details, materials and colors of the
associated buildings. The base or support elements of freestanding
signs shall be integrated with the surrounding environment, contribute
to the functionality of pedestrian features and incorporate ornamental
landscaping where possible.
11.
Gateway signs as defined in Zoning Bylaw Section 303 (signs)
shall be allowed within the VCOD.
12.
Neon signs are not allowed.
415.1
Purposes:
1.
To provide for the establishment of Registered Marijuana Dispensaries
(herein referred to as "RMD"), in an appropriate location and under
specific conditions, in acknowledgment of the passage of Chapter 369
of the Acts of 2012 - An Act for the Humanitarian Medical use of Marijuana,
and the Massachusetts Department of Public Health (herein referred
to as "DPH") implementation regulations 105 CMR 725.000 - Implementation
of an Act for the Humanitarian Medical Use of Marijuana.
2.
To minimize and mitigate the adverse impacts of Registered Marijuana
Dispensaries on adjacent properties, public ways, residential neighborhoods,
schools and other places where children congregate, local historic
districts, and other land uses potentially incompatible with said
facilities; by regulating the siting, design, placement, safety, and
monitoring of a RMD.
3.
To limit the number of Registered Marijuana Dispensaries located
in the Town of Yarmouth.
415.2
Applicability:
1.
The acquisition, cultivation, possession, processing, transferring,
transporting, selling, distributing, dispensing or administering marijuana
or products that contain marijuana for Medical Use is prohibited unless
permitted as a Registered Marijuana Dispensary under this Section
415.
2.
No Registered Marijuana Dispensary shall be established unless permitted
in compliance with the provisions of Section 415 and only with the
proper registration through the DPH regulations 105 CMR 725.000.
3.
Nothing in Section 415 is intended to regulate or prohibit uses or
activities conducted in compliance with 105 CMR 725.035 under a Hardship
Cultivation Registration issued by the DPH.
4.
Registered Marijuana Dispensaries may only be allowed by Special
Permit from the Special Permit Granting Authority in the Registered
Marijuana Dispensary Overlay District (RMDOD), provided the facility
meets the requirements of this Section 415.
5.
If any provision of this Section or the application of any such provision
to any person or circumstance, shall be held invalid, the remainder
of this Section, to the extent it can be given effect, or the application
of those provisions to persons or circumstances other than those to
which it is held invalid, shall not be affected thereby, and to this
end the provisions of this Section are severable.
415.3
Special Permit Granting Authority: For the
purposes of this section, the Special Permit Granting Authority (SPGA)
is designated to be the Zoning Board of Appeals.
415.4
Design Review and Site Plan Review:
1.
Formal Design Review as outlined in Section 103.4 is required and
adherence to the Yarmouth Architectural and Site Design Standards
are mandatory.
2.
Formal Site Plan Review as outlined in Section 103.3 is required.
The Yarmouth Police Department shall participate in Site Plan Review.
3.
In addition to the submittal requirements outlined for Design Review
and Site Plan Review, the applicant shall also submit the following
for a RMD:
a.
Detailed floor plan(s) of the premises that identifies the square
footage available and describes the functional areas of the RMD.
b.
Plan showing security measures for the Registered Marijuana Dispensary,
including, but not limited to fencing, gates, lighting and alarms,
to ensure personal safety and to protect the premises from theft.
415.5
General Requirements and Conditions for all Registered
Marijuana Dispensaries.
1.
The Town of Yarmouth shall have no more than two RMDs located within
its borders.
2.
All aspects of cultivation, processing, sales and dispensing of marijuana
shall take place in a fixed location or locations within fully enclosed
buildings that are monitored by surveillance cameras, alarm systems,
and all other security measures in accordance with 105 CMR 725.000.
If requested by the Yarmouth Police Department, all surveillance video
shall be directly fed to the Yarmouth Police Station at the expense
of the applicant.
3.
No RMD shall be located inside a building containing any other uses
or tenants.
4.
If green houses are used for cultivation, curtains shall be utilized
to prevent light pollution and illumination outside the greenhouse
from dusk to dawn.
5.
Industry Best Management Practices shall be utilized to control odors
inside and outside the RMD facilities. No odors from marijuana or
its processing shall be detectable by a person with an unimpaired
and otherwise normal sense of smell at the exterior of the medical
marijuana business or at any adjoining property or use.
6.
No Registered Marijuana Dispensary located within the Town of Yarmouth
shall have a gross floor area in excess of 10,000 square feet, which
may include cultivation, processing and dispensing at up to two locations
as allowed by 105 CMR 725.000.
7.
Waste Handling: Waste disposal shall adhere
to 105 CMR 725.000. No composting of waste materials may happen at
the RMD. Outside storage of general solid waste not containing any
usable marijuana shall be screened with a locking fence. Solid waste
containing any usable marijuana will be stored inside a designated,
locked, limited access area located inside a building or structure.
Liquid waste from processing or disposal of marijuana shall not be
discharged to surface waters or groundwater or septic systems.
8.
Landscaping and Lighting: Landscaping and
lighting plans shall endeavor to balance the need for security with
aesthetic concerns and impacts to abutting properties and public ways.
Trespass of light at abutting property boundaries shall not exceed
0.1 foot candles. Height of light fixtures shall not exceed 15 feet
as measured from the highest point of the light structure to finished
grade. Landscaping shall adhere to Section 301 (Parking and Loading
Requirements), taking into consideration that trees, bushes, and other
foliage outside of the RMD shall not allow for a person or persons
to conceal themselves from sight. Fencing with lockable gates shall
be provided around the perimeter of the RMD. Fencing and gates shall
be a maximum of 8' high, and shall be decorative style wherever
viewed from a public way or abutting property. Style of fencing and
gates shall be approved by the Design Review Committee and Special
Permit Granting Authority. Chain link fencing shall be prohibited
wherever visible from the public way or abutting property.
9.
Parking and Loading Requirements: Parking
and Loading requirements for RMD shall adhere to Section 301.5 - Table
of Parking Demand, and shall be applicable to mercantile use for that
portion of the floor area designated for sales, plus Industrial use
for the floor area designated for processing, storage and cultivation
of medical marijuana.
10.
Signs:
a.
RMD external signage shall not be illuminated except for a period
of 30 minutes before sundown until closing. Neon signage is prohibited
at all times.
b.
Marijuana, Marijuana Infused Products (MIPs), and associated products
shall not be displayed or clearly visible to a person from the exterior
of a RMD.
c.
The main entrance to the RMD may have one attached wall sign, no
larger than four (4) square feet mounted to the building adjacent
to the patient entrance. A free standing sign for a RMD shall be no
larger than 6 square feet and shall identify the building by the DPH
Registered Name only and shall include the street number.
d.
A RMD shall not display on the exterior of the facility advertisements
for marijuana or any brand name and shall not utilize graphics related
to marijuana or paraphernalia on the exterior of the RMD, or the building
in which the RMD is located.
11.
The hours of operation of a RMD shall be set by the Special Permit
Granting Authority, but in no event shall said facilities be open
to the public, and no sale or other distribution of marijuana shall
occur upon the premises or via delivery from the premises, between
the hours of 8:00 PM and 8:00 AM.
12.
A RMD shall not have a drive through. Off-site delivery of marijuana
or MIPs by a RMD shall be conducted in accordance with 105 CMR 725.000.
13.
Consumption of marijuana on the premises or grounds of any RMD is
prohibited, provided however that a RMD may administer marijuana for
educational or demonstrative purposes to the extent allowed by 105
CMR 725.000.
14.
No RMD shall be located within 100 feet of a residential zoning district.
This distance shall be measured in a straight line from the zoning
district boundary to the nearest point of any component of the proposed
RMD.
15.
No RMD shall be located within 500 feet of any of the following structures
or uses in existence on the date of a complete application submission
to the SPGA for an RMD Special Permit:
a.
Any school of any type attended by children under the age of 18;
b.
Any licensed child care facility, day care center or family day care
home;
c.
Any correctional facility, half-way house, or similar facility;
d.
Libraries;
e.
Family entertainment facilities;
f.
Public parks, athletic fields and recreation facilities;
g.
Religious facilities; and
h.
Any facility in which children commonly congregate on an organized
ongoing formal basis.
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This distance shall be measured in a straight line from the
nearest property line of the lot containing any of the above facilities
to the nearest point of any principle building housing the RMD.
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16.
The applicant shall provide the Yarmouth Police Department, the Building
Department and the Special Permit Granting Authority with the name,
phone number and email address of a main contact person and two back-up
contact people to whom notice can be given if there are operating
problems associated with the RMD.
17.
The applicant shall allow for periodic inspections by the Yarmouth
Police Department, the Building Commissioner, and/or the Board of
Health during the hours when the premises are open for business. The
purpose of the periodic inspections is to determine if the licensed
premises are operated in accordance with the requirements of the special
permit and the conditions outlined therein.
18.
Information regarding the security measures to be implemented to
deter and prevent unauthorized entrances and protect the premises,
dispensary agents, and registered qualifying patients or their caregivers,
shall be provided to the Yarmouth Police Department, including amendments.
19.
Emergency procedures, including a disaster plan with procedures to
be followed in case of fire or other emergencies, which was developed
by a RMD as part of their DPH registration, shall be provided to the
Yarmouth Police Department and Yarmouth Fire Department, including
amendments.
20.
All activities conducted by a RMD shall be conducted by employees
of the registered facility non-profit corporation and cannot be conducted
by or subcontracted to other entities.
415.6
Special Permit Requirements:
1.
The Special Permit Granting Authority (SPGA) may grant a Special
Permit for a RMD, in accordance with G.L. c. 40A, § 9, subject
to the provisions and requirements outlined in Section 415, and in
allowed zoning districts as shown in Section 202.5 - Use Regulation
Table.
2.
If an applicant is proposing two locations within Yarmouth for their
RMD in accordance with 105 CMR 725.000, information on both locations
are required and shall be submitted as two separate Special Permit
applications.
3.
Application Submittal Information: In addition
to the application requirements set forth in Sections 415.5, 414.6
and the SPGA application forms and regulations, a special permit application
for a Registered Marijuana Dispensary shall include the following
supplemental information:
a.
Narrative on how the proposed project is in compliance with these
regulations, and how it has been designed to meet the Special Permit
granting criteria contained in Section 415.6.4.
b.
Overall scaled context map depicting all properties, residential
zoning districts, and land uses around the subject parcel to verify
compliance with the siting restrictions outlined in Sections 415.5.14
and 415.5.15.
c.
Names, addresses, phone numbers and e-mail of officers of the non-profit.
d.
Evidence that the RMD is eligible for and has applied for registration
with the Massachusetts Department of Public Health and shall not commence
operations until the registration is approved.
e.
Evidence of the Applicant's right to use the proposed site for
the RMD, such as a deed, lease, purchase and sale agreement or other
legally-binding document.
f.
If not grown and/or processed at the RMD, the applicant shall identify,
and provide contact information for the source of all marijuana that
will be sold or distributed at the RMD.
g.
Supplemental information required for Design Review and Site Plan
Review as outlined in Section 415.4.3.
4.
Special Permit Criteria: The Special Permit
Granting Authority shall not issue a special permit for a Registered
Marijuana Dispensary unless it finds that:
a.
The Facility is designed to minimize any adverse visual or economic
impacts on abutters and other parties in interest, as defined in G.L.
c. 40A, § 11;
b.
The Facility is designed to ensure personal safety of those working
at or utilizing the facility and to protect the premises from theft,
while taking into consideration aesthetics and impacts to abutting
properties and public ways.
c.
Adequate measures have been taken to mitigate any noise, odors or
light pollution at the property line, or to adjacent users if on the
same parcel.
d.
Demonstrate adequate waste disposal of products containing usable
marijuana that does not adversely impact the environment or aquifer.
e.
The Facility shall provide documentation for all permits from applicable
agencies within the Commonwealth of Massachusetts and be in compliance
with all applicable state laws and regulations; or demonstrate that
it will be able to meet all said requirements. If the facility is
not fully permitted at the time of the Special Permit determination,
a condition may be placed on the Special Permit indicating that the
Special Permit shall be null and void if these permits are not obtained.
f.
The applicant has not provided materially false documents or testimony;
and
g.
The applicant has satisfied all of the conditions and requirements
of Sections 415.5 and 415.6 herein.
5.
Annual Review: The SPGA shall condition any
Special Permit issued under this Section to require the applicant
to schedule a review by the SPGA to demonstrate compliance with the
conditions of the Special Permit and Zoning Bylaw, to provide documentation
of any inspections conducted by the Department of Public Health and
to provide documentation of continued registration of the RMD with
the DPH. This review shall be conducted within 30 days of the anniversary
date of the issuance of the Special Permit and shall be conducted
on an annual basis for as long as the RMD is in operation under the
Special Permit.
6.
Special Permit Duration: The Special Permit
shall be valid for no more than a period of two (2) years from the
date of the decision, as long as the Special Permit has not been revoked
by the SPGA, and as long as the RMD retains a valid registration with
the Department of Public Health. A Special Permit shall be issued
to the owner of the RMD and shall not transfer with a change in ownership
of the business and/or property. A Special Permit shall lapse if not
exercised within one year of issuance.
7.
Discontinuance of Use: The RMD shall notify
the Yarmouth Police Department and the Special Permit Granting Authority
in writing within 48 hours of the permit holder ceasing to operate
the RMD or if the permit holder's registration with DPH expires
or is terminated. An RMD shall be required to remove all materials,
plants, equipment and other paraphernalia prior to surrendering its
state Registration or ceasing its operation.
8.
Special Permit Revocation: Any violation of
this Section or conditions of the Special Permit shall be grounds
for revocation. The Special Permit shall be revoked by the SPGA if
the RMD registration is revoked by the Massachusetts Department of
Public Health. The DPH shall be notified of any known criminal or
zoning violations, and shall be notified of a revocation of the Special
Permit.
416.1
Goals & Objectives: To establish and regulate
Home Occupations to allow residents to conduct small business activities
from their homes, while protecting and maintaining the residential
character of established neighborhoods, buildings and adjacent properties.
The objective is to provide an incubator from which small businesses
might grow and expand into Yarmouth's designated business districts.
416.2
General Provisions - Home Occupations: Home
Occupations shall adhere to the following parameters:
1.
Home Occupations shall be clearly incidental and secondary to the
primary residential use and carried on by a permanent resident of
the dwelling unit.
2.
Home Occupations shall be conducted wholly within the dwelling or
wholly within a building accessory thereto. Outdoor activities or
storage associated with, or related to, Home Occupations shall be
prohibited.
3.
A combined maximum of 250 square feet of a dwelling unit or accessory
structure shall be dedicated to a Home Occupation use.
4.
Home Occupations shall have no exterior displays, signage or attractions
that advertise, market or otherwise identify the business.
5.
Home Occupations shall have no non-resident employees.
6.
Home Occupations shall not permit clients or customers on the premises,
not have on-site retail, not result in increases to traffic or parking,
and not permit deliveries or shipping other than through the US Postal
Service, FedEx, UPS or similar services.
7.
Home Occupations shall have no equipment, process or activity that
creates noise, dust, smoke, vibration, glare, fumes, odors, electrical
or magnetic interference, or fire hazards. Home Occupations shall
not involve the storage of hazardous, flammable or explosive substances
except those commonly found or reasonably expected to be found in
a residential dwelling unit. The provisions of Section 406 of this
Bylaw apply to all Home Occupations in the Aquifer Protection Overlay
District (APD).
8.
Home Occupations shall result in no exterior modifications of buildings,
structures or premises, or otherwise provide visible evidence that
a home occupation is being conducted on the property; and shall be
identifiable only as a residential dwelling.
9.
Type of Home Occupations:
a.
Examples of Home Occupations include the following:
i.
Office-type work such as writing, editing, drafting, tax preparation,
computer programming and computer data entry;
ii.
Internet or phone sales;
iii.
Custom sewing, quilting, knitting, and general crafts;
iv.
Creation of art such as paintings, ceramics, jewelry, and wood
carving with hand tools;
v.
Home cooking, baking and preserving for products for sale only
at regional farmer's markets, or to local businesses, excluding
Marijuana Infused Products (MIPs).
b.
Home Occupations shall not include occupations requiring machinery
such as mechanical repairs; woodworking; or metalwork.
c.
Home Occupations shall not include occupations requiring the use
or storage of toxic, dangerous or hazardous substances.
d.
Any determination as to applicability of a use to the definition
of Home Occupation shall be made by the Building Commissioner.
10.
Residents must obtain a Business Certificate from the Town of Yarmouth
and all other local permits, licenses or waivers prior to commencing
a Home Occupation. Business Certificates shall be renewed every four
(4) years.
416.3
Violations: Any deviation from the General
Provisions for Home Occupation constitutes a violation of this bylaw.
Violators shall be given written notification by the Building Commissioner
of any violations prior to the issuance of any fines or citations.
418.1
Purpose: To provide for the orderly operation
of short-term rentals for residential properties that balance private,
neighborhood and public interests, and will:
1.
Protect and maintain the residential character of existing neighborhoods.
2.
Protect public health and safety.
3.
Enable residents to better afford to live here, maintain their properties
and contribute to the community.
4.
Ensure the continued revenues to the Town from the short-term rental
excise tax.
418.2
SHORT-TERM RENTALS (STR)
Definitions:
Defined as owner-occupied, tenant-occupied or non-owner occupied
property including, but not limited to, an apartment, house, cottage,
condominium or a furnished accommodation that is not a hotel, motel,
boarding or lodging house, or guesthouse, inn or bed and breakfast
establishment, where at least one room or unit is rented to an occupant
or occupants for 1-31 consecutive days at a time; and all accommodations
are reserved in advance. All STRs shall be transient in nature and
not rented to the same occupant month to month.
418.3
Ineligible Units: The following are not eligible to be rented as STRs.
418.4
Registration & Inspections:
1.
All short-term rentals shall be registered annually through the Yarmouth Health Department in accordance with General Bylaw Chapter 108 - Occupancy of Buildings, and shall adhere to all their health and safety requirements, including occupancy limitations based on inspections.
2.
Rental certificates shall be displayed on the property in a prominent
location and shall include 24-hour local contact information.
3.
The Town reserves the right to post rental locations and contact
information on the Town Website per MGL Ch. 64G, Section 14.
418.5
General Provisions:
1.
Trash Removal: All household trash shall be
removed from the premises immediately after occupancy is concluded,
and at a minimum once per week.
2.
Parking: Adequate on-site parking shall be
provided, with a minimum of one space/bedroom. There shall be no parking
on lawns, no overnight street parking, and no street parking that
impedes traffic or traffic safety at any time.
3.
Duration: Renting for less than two (2) consecutive
nights is prohibited.
4.
Type of Rentals:
a.
STRs are for Residential uses only. No large scale events including
but not limited to weddings, corporate events, class/family reunions,
and photo shoots.
b.
No events that include tents or amplified music.
c.
Shall not adversely affect the residential character of the neighborhood
nor interfere with any reasonable person's enjoyment of their
residence.
5.
Pets: Adherence to any and all state and local
regulations regarding pets.
6.
Use of RVs, campers or sleeping tents is prohibited.
7.
Short Term Rentals shall meet all local and state regulations, including
but not limited to building and fire codes, health codes, water supply
and wastewater disposal.
418.6
Sunset Clause: Section 418 - allowing Short
Term Rentals, along with corresponding provisions of A13 of Section
202.5 - Use Regulation Table, shall expire, and its terms shall no
longer remain in effect as of 11:59 PM, November 13, 2024. During
this time period, the Town will undertake a more detailed planning
process related to Short-Term Rentals. Any STR use that complies with
the terms of this bylaw shall be permitted to continue up to and including
the sunset of this bylaw, at which time it shall lapse.
