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Town of Nahant Zonihttp://www.nahant.orgt (PDF) JUNE 2007 UPDATE ZONING BYLAW TOWN OF NAHANT MASSACHUSETTS FY 2008 NAHANT PLANNING BOARD Richard Snyder, Chairman Cal Hastings, Vice-Chairman Sheila Hambleton, Treasurer Teri Motley, Recording Secretary Carl Easton, Corresponding Secretary Carolyn Cummings-Saxton, Member Dan Perepelitza, Member ZONING BYLAW Town of Nahant June 2007 TABLE OF CONTENTS SECTION 1. TITLE; AUTHORITY; AND PURPOSE 1.01 Title; Short Title Authority 1-1 1.02 Purpose 1-2 1.03 SECTION 2. DEFINITIONS General 2-1 2.01 2.02 Definitions SECTION 3. DISTRICTS AND BOUNDARIES 3.01 Establishment of Districts 3.02 Zoning Map 3.03 Boundaries of Districts 3.04 Cases of Lots in Two Districts SECTION 4. USE REGULATIONS 4.01 Purpose & Intent 4.02 Application 4.03 Existing Buildings & Land 4.04 Uses Subject to Other Regulations 4.05 Trailers, Mobile Homes, and Boats 4.06 Renting of Rooms to Roomers or Lodgers 4.07 Customary Home Occupations 4.08 Parking of Vehicles in Residence Districts 4.09 Swimming Pools 4.10 Uses Permitted in a Natural Resource District 4.11 Microwave and Cable Facilities 4.12 Accessory Uses 4.13 Table of Use Regulations SECTION 5. DIMENSIONAL REQUIREMENTS 5.01 Purpose & Intent 5.02 Special Regulations A. Number of Residential Buildings on a Lot B. Area and Frontage Requirements in All Districts C. Yard Requirements in All Districts D. Exemptions to Maximum Height Regulations E. Traffic Visibility at Driveways and Corners. F. Screening/Buffering of Business and Multiple Residence Properties G. Filling and Grade Changes on a Lot 5-5 H. Pre-existing Lots I. Non-Profit J. Fences and Retaining Walls 5.03 Table of Dimensional Requirements ZONING BYLAW Town of Nahant June 2007 TABLE OF CONTENTS Continued SECTION 6. OFF-STREET PARKING AND LOADING 6.01 Intent of Requirements 6.02 Regulations Applying to Required Off-Street Parking Facilities 6.03 Off-Street Parking Space Regulations 6.04 Location of Required Off-Street Parking Facilities 6.05 Design of All Offtarainlities 6-4 6.06 Table of Required Off-Street Parking 6.07 Off-Street LoRenglations 6-11 6.08 Design and Layout of Off-Street Loading Facilities SECTION 7 NONCONFORMING USES 7.01 Applicability of Use Regulations 7-1 7.02 Uses Subject to Other Regulations 7.03 Nonconforming Uses, Structures, and Lots 7.04 Commencement Within Six Months SECTION 8. SIGNS 8.01 Purpose and Intent 8.02 Applicability 8.03 Special Regulations 8.04 Prohibited Signs and Devices 8.05 Signs Permitted 8.06 Sign Permits and Maintenance 8.07 Special Permit- Signs SECTION 9. ADMINISTRATION AND ENFORCEMENT 9.01 Administrafieial 9-1 9.02 Building Permits 9.03 Penalty for Violation 9.04 Request for Enforcement 9.05 Boards of Appeals or Special Permit Granting Authority Appeals 9-8 9.06 Variances 9-8 9.07 9.08 Special Permits 9.09 Site Plan Review 9.10 Procedures 9-15 SECTION 10. FLOOD PLAIN DISTRICT 10.01 Purposes 10.02 District Delineations 10.03 Use Regulations 10.04 Development Regulations 10.05 Board of Appeals 10.06 New Subdivisions and Developments 10.07 Wetlands Protection ZONING BYLAW Town of Nahant June 2007 TABLE OF CONTENTS Continued SECTION 11. RESIDENTIAL OPEN SPACE PRESERVATION 11.01 Intent 11.02 Purpose 11.03 Filing the Application SECTION 12. SEVERABILITY 12.01 Severability SECTION 13. WIRELESS COMMUNICATIONS BYLAW 1 - 3 1 d n u o r g k c13.a1 B 1 - 3 1 s e v i t c e j13.b2 O 13-2 13.03 Definitions 13.04 Use Restrictions 13.05 Guidelines for Issuance of Special Permit 13.06 Minimum Requirements for Special Permit Application 13.07 Operating Requirements ZONING BYLAW Town of Nahant June 2007 SECTION 1 TITLE, AUTHORITY, AND PURPOSE SECTION 1.01 - TITLE, SHORT TITLE A. Title: The title of this bylaw shall be “Zoning Bylaw, Town of Nahant, Massachusetts”. B. Short Title: This bylaw may be cited as the “Zoning Bylaw of the Town of Nahant”, hereinafter referred to as “this bylaw”. SECTION 1.02 – AUTHORITY A. Adoption : This bylaw is adopted pursuant to the Authority granted by Chapter 40A of the Massachusetts General Laws (MGL) of the Commonwealth of Massachusetts and amendments thereto, herein called the “Zoning Act”. Where the Zoning Act is amended from time to time after the effective date of this bylaw and where such amendments are mandatory, such amendments shall supersede any regulations of this bylaw which have been set forth on the basis of the Zoning Act in existence on the effective date of this bylaw (see MGL Chapter 40A, Section 5). B. Amendment : It shall be the duty of the Planning Board, upon petition signed by ten (10) registered voters of the town, or upon its own initiative from time to time, to hold public hearings, fourteen (14) days’ published notice of which shall be given, for the consideration of amendments altering the boundaries of any district established by this bylaw of the regulations applied to the same by this bylaw, and thereupon submit to the Town Meeting for action, its recommendations in regard to the same (see MGL Chapter 40A, Section 5). C. State Regulations : All construction/development must be in compliance with existing state regulations and CANNOT be waived or in any way modified by any Town body. All appeals MUST be handled by the State of Massachusetts with the appropriate agency, e.g., State Board of Building Regulations and Standards. Some, but not all, of the state regulations are cited herein. All State Regulations and Building Codes MUST be adhered to by any project. Page 5 ZONING BYLAW Town of Nahant June 2007 SECTION 1.03 – PURPOSE A. Purpose : The purpose of this bylaw is to promote health, welfare, safety, and convenience of the inhabitants of the Town of Nahant; to lessen congestion in the streets; to conserve health; to secure safety from fire, flood or panic and other dangers; to provide adequate light and air; to prevent overcrowding of land and to avoid undue concentration of population; to encourage housing for persons of all income levels; to facilitate the adequate provision of transportation, water, sewerage, drainage, schools, parks, open space and other public requirements; to conserve the value of land and buildings; to encourage the most appropriate use of land throughout the Town and to preserve and increase amenities; to achieve optimum environmental quality through design review and cooperation; to protect views; to preserve the coastal character of the community; and to encourage an orderly expansion of the tax base by proper utilization and development of land; all in accordance with the provisions of Chapter 40A of the General Laws of the Commonwealth of Massachusetts. B. Minimum Requirements : The requirements set forth in this bylaw are declared to be the minimum requirements necessary to achieve the purposes set forth. C. Conflict with Other Laws : In any case of conflict between the provisions of this and any other law or bylaw, the more restrictive provision shall govern. A person anticipating the construction of a building is advised to review the requirements of the Massachusetts State Building Code as well as this zoning bylaw. Page 6 ZONING BYLAW Town of Nahant June 2007 SECTION 2 DEFINITIONS SECTION 2.01 – GENERAL For the purpose of this bylaw and unless the context of usage clearly indicates another meaning, the following terms shall have the meanings indicated herein. Words used in the present tense include the future; the singular number includes the plural, and plural the singular; the words “used” or “occupied” include the words “designed, “arranged”, “intended”, or “offered”, to be used or occupied; the words “building”, “structure”, “lot”, “land”, or “premises” shall be construed as though followed by the words “or any portion thereof”; and the word “shall” is always mandatory and not merely directory. Terms and words not defined herein but defined in the Commonwealth of Massachusetts State Building Code shall have meanings given therein unless a contrary intention clearly appears. Words not defined in either place shall have the meaning given in the most recent edition of Webster’s Unabridged Dictionary. SECTION 2.02 – DEFINITIONS The defined words and phrases are as follows: Abandonment: The cessation of a use or the discontinuance of a use of a structure or lot; or the removal of the characteristic equipment or furnishings; or the replacement of a nonconforming user or structure by a conforming use or structure. Accessory Building: A building devoted exclusively to a use subordinate to the principle use and customarily incidental to the principle use. (See Section 4.12) Accessory Use: A use subordinate to the principle use and customarily incidental to the principle use. (See Section 4.12) Alteration: Any construction, reconstruction or other similar action resulting in a change in the structural parts, height, number of stories, exits, size, location, or use of a building or other structure. Attached Dwelling: A one-family dwelling in a row of at least three (3) such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common fire resistant walls. Attached dwellings are also referred to as townhouses, townhouse dwellings or row houses. Attached Dwelling Development: A row of at least three (3) one-family attached dwelling units that’s sidewalls are separated from other dwelling units by a firewall or walls. Each unit in the row, or townhouse, may be owned by a separate owner and shall have its own at-grade access. Automobile Repair Garage: Any building in which a business or industry dealing with the repair or servicing of motor vehicles is maintained. Page 7 ZONING BYLAW Town of Nahant June 2007 SECTION 2 DEFINITIONS CONTINUED Average Finished Grade: The mean grade of the ground at the building foundation. In determining maximum height of a building, mean grade is the mean original grade at the building foundation before any construction is commenced. In determining whether a space is classified as a “basement” or a “cellar”, average finished grade is the mean grade within five (5) feet of the building foundation after construction is completed. Basement: A portion of a building, partly below grade, which has more then one-half (1/2) of its height, measured from finished floor to finished ceiling, above the average finished grade of the ground adjoining the building. A basement is not considered a story unless its ceiling is four feet, six inches (4ft 6in) or more above the average finished grade. (See figure 1.) Building: A combination of any materials, whether portable or fixed, having a roof, built to form a structure for the shelter of persons, animals or property. For purposes of this definition, “roof” shall include an awning or any similar covering, whether or not permanent in nature (Rev. 4-92). Building Area: The aggregate of the maximum horizontal cross sectional area of: A. All buildings on a lot, exclusive of cornices, eaves, gutters, chimneys: and B. All unroofed steps, porches, balconies, terraces, patios or decks, which at any point may have a floor height of two (2) feet or more above ground level. Rev. 4-92 Building Coverage: The building area expressed as a percent of the total lot area. Building Detached: A building having open space on all sides. Building Inspector: Building inspector, Town of Nahant, Massachusetts. Building Setback Line: The line established by this bylaw, beyond which a building shall not extend except as specifically provided by this bylaw. Carport: A roofed structure, unenclosed on two (2) or more sides, which may serve as a shelter for motor vehicles. Cellar: A portion of a building, partly or entirely below grade, which has more then one- half (1/2) of its height, measured from finished floor to finished ceiling, below the average finished grade of the ground adjoining the building. A cellar is not deemed a story. (See figure 1.) Page 8 ZONING BYLAW Town of Nahant June 2007 SECTION 2 DEFINITIONS CONTINUED Commercial Vehicle: For the purpose of this bylaw, any cart or wagon or any vehicle which is included in the definition of a motor vehicle given in Chapter 90 of the Massachusetts General Laws including but not limited to a passenger car or van on which is permanently affixed any writing to designate the business or professional use or affiliation of said car or van, or any truck or other vehicle which would be classified as other than a passenger vehicle for purposes of registration in the Commonwealth of Massachusetts, but excluding a passenger car, truck, or other vehicle not marked for business use. Court: An open, uncovered, unoccupied space partially or wholly surrounded by the walls of a structure. Day Care Center: Any facility operated on a regular basis whether known as a day nursery, nursery school, kindergarten, child play school, progressive school, child development center, or pre-school, or known under any other name, which receives children not of common parentage under seven (7) years of age, or under sixteen (16) years of age if such children have special needs, for non-residential custody and care during part or all of the day separate from their parents. Day Care Center shall not include any part of a public school system; any part of a private organized education system, unless the services of such system is primarily limited to kindergarten, nursery or related pre-school services; a religious education program conducted by a religious organization where children are cared for during short periods of time while persons responsible for such children are attending religious services; a family day care home; or the occasional care of children with or without compensation therefore. (See also “Family Day Care Home”.) A day care center can also include an elderly day care center or facility. Detached Dwelling: A building which is designed or occupied as a one-family residences on its own lot and is separated by side yards from any other structure or structures, except accessory buildings. District: A zoning district as established by Section 3 of this bylaw. Driveway: An open space, which may be paved, located on a lot, which is not more than twenty (20) feet in width, built for access to a garage, or off-street parking or loading space, and as further regulated by Section 6, hereof. Drive-In Retail or Service Establishment: A business or commercial establishment, which dispenses any food, beverages, goods or services from inside a building to persons standing outside or seated in their automobiles. Duplex House: A house containing two (2) dwelling units adjoining side by side; that is, in which no part of one (1) dwelling unit is over any part of the other dwelling unit. A duplex house shall be considered as one principle building occupying one lot for the purpose of determining yard requirements. The term duplex house is synonymous with the term semi- detached dwelling. Page 9 ZONING BYLAW Town of Nahant June 2007 SECTION 2 DEFINITIONS CONTINUED Dwelling: A privately or publicly owned permanent structure, whether owned by one or more persons in any legal form, which is occupied in whole or part as the home residence or sleeping place of one or more persons. The terms “one-family” or “two-family” dwelling shall not include hotel, lodging house, hospital, membership club, mobile home or dormitory. Dwelling Unit: One or more living and sleeping rooms providing complete living facilities for the use of one or more individuals constitute a single housekeeping unit, with permanent provisions for living, sleeping, eating, cooking and sanitation. Environmental Monitoring: Field collection of samples for laboratory and/or field analysis. Erected: The word “erected” shall include the words “attached”, “built”, “constructed”, “reconstructed”, “altered”, “enlarged” and “moved”. Family: One or more persons occupying a dwelling unit and living and cooking together on the premises as a single, non-profit, housekeeping unit; provided, however, that not more than two (2) individuals not related to each other either by blood or adoption within the second degree of kindred and not married to each other may be deemed to be members of the same family. Family Day Care Home: Any private residence which on a regular basis receives, for temporary custody and care during part or all of the day, children under seven (7) years of age, or children under sixteen (16) years of age if such children have special needs; provided, however, in either case, that any such family date care home be licensed by the Commonwealth of Massachusetts and any other licensing authorities, that the total number of children under sixteen (16) in a family day care home shall not exceed six (6), including participating children living in the residence, or such lesser number as is allowed under the terms of the license, and that the family day care home comply with all other applicable terms of its license and all applicable regulations. Family Day Care Home shall not mean a private residence used for an informal cooperative arrangement among neighbors or relatives, or the occasional care of children with or without compensation therefore. An occupancy permit from the officer of the Building Inspector shall be required. (See definition of “Day Care Center” if over six (6) children are served). Fast-Order Food Establishment: An establishment whose primary business is the sale of food for consumption on or off the premises which is (a) primarily intended for immediate consumption rather then for use as an ingredient or component of meals; (b) available upon a short waiting time; and (c) packaged or presented in such a manner that it can be readily eaten either inside or outside the premises where it is sold. Fence: A hedge, structure, or partition, erected for the purpose of enclosing a parcel of land, dividing a parcel of land into distinct portions, or separating contiguous parcels of land. (Rev. 4-93) Floor Area Ratio (FAR): The ratio of the gross floor area to the total area of the lot. Page 10 ZONING BYLAW Town of Nahant June 2007 SECTION 2 DEFINITIONS CONTINUED Footprint: The outline of the area on a lot occupied by a building, including the foundation outline and any enclosed porches, but excluding any open porches, balconies, decks, or roof overhangs. Frontage: The front property line of a building or lot abutting on a public or private way approved by the Town. Garage, Private: Any building or portion of a building, accessory to and located upon the same lot as a residential building or upon a lot in the same ownership and adjacent to the lot on which the served residential building is located, which is used for keeping of a motor vehicle or motor vehicles and in which no business or industry dealing with sales, servicing, or repair of such vehicles is carried on. Gasoline Station: A building, facility, or part thereof with at least one and no more then two (2) service bays whose chief activity is the selling of gasoline, oil and related products for motor vehicles and the provisions for lubricating service or auto repair limited to: tire service and repair (but no recapping or regrooving), replacement of miscellaneous parts and minor adjustments to parts of motor no involving removal of head, crankcase or motor. A self-service portion of a gasoline station may be part of a full service station only. Grade: The elevation of a point on the ground above any designated base elevation; used for the purpose of determining the height and slope of various parts of a site compared to other parts, or compared to a designated base elevation. Page 11 ZONING BYLAW Town of Nahant June 2007 SECTION 2 DEFINITIONS CONTINUED Gross Floor Area (GFA): The sum in square feet, of the gross horizontal areas of all the floors of a principle building, and its accessory buildings on the same lot, as measured from the exterior faces of the exterior walls, or centerlines of walls separating two (2) buildings, including: 1. Elevator shafts and stairwells on each floor; 2. Attic space with a structural headroom of seven (7) feet or more, except as hereafter excluded; 3. Interior mezzanines, and penthouses; 4. Basement and cellar areas with a ceiling height of seven (7) feet or more not devoted exclusively to uses accessory to the operation of the building, and all basement and cellar areas, regardless of ceiling height, which have finished floors, ceilings and walls, or which are actually used for living purposes; 5. All-weather covered habitable porches and balconies; But excluding: 1. Areas used for parking garages, accessory parking, or off-street loading purposes; 2. Basement and cellar areas devoted exclusively to uses accessory to the operation of the building, and basement and cellar areas with a ceiling height of less then seven (7) feet, which do not have finished floors, ceilings or walls and are not actually used for living purposes. 3. Open or lattice enclosed exterior fire escapes; 4. Attic space and other areas for elevator machinery or mechanical equipment accessory to the building; 5. Open porches and balconies. Areas excluded from gross floor area are still subject to all dimensional requirements, including minimum yard setbacks and maximum building coverage. (Rev. 4/92) Height of Building: For the purpose of this bylaw, the height of any building shall be the vertical distance of the highest point of the roof, or any rooftop deck, fence, railing, widows’ walk or other rooftop structure or feature, above the mean original grade of the ground undisturbed adjoining the building before any construction is commenced. Chimneys, ventilators, skylights, tanks, bulkheads, and solar panels shall not be considered part of the height of the buildings of they do not extend more then four (4) feet above the specified height limit. Domes, towers or spires which are an integral part of churches or religious buildings shall be not be subject to these limitations, provided that such features shall in no way be used for living purposes. Home Occupation: An accessory use, which by custom has been carried on entirely within a dwelling unit, and is incidental and subordinate to the dwelling use. In connection with such use, there shall be no retail sale of merchandise on the premises. Such use shall be carried on by the occupants of the dwelling unit in compliance with the provisions of Section 4, Use Regulations, and shall not in any manner change the residential character of the building. Page 12 ZONING BYLAW Town of Nahant June 2007 SECTION 2 DEFINITIONS CONTINUED Home occupations do not include such uses as barbershops, commercial stables or kennels, teaching of more then three (3) pupils simultaneously, and in the case of musical instruction, more than one (1) pupil at a time (See Section 4.07). Lodgers: (See Section 4.06 “Renting of Rooms to Roomers or Lodgers”) Lot: An area or parcel of land or any part thereof in individual, joint, or common ownership, or in ownership by the entirety, which is designated on a plan as a separate lot and which has boundaries identical with those on a plan recorded in the Essex South District Registry of Deeds. Lot, Corner: A lot located at the intersection of two or more streets or ways having an angle of intersection of not more than 135 degrees. (See figure 2.) Lot, Interior: A lot not bound by a street (See figure 2.) Lot Line, Front: The property line dividing a lot from a street or right-of-way. Lot Line, Rear: Any lot line, which is parallel to or within 45 degrees of being parallel to a front lot line. In the case of a corner lot, the two lot lines that are not front lot lines shall be considered side lot lines. In the case of a lot having no street frontage or a lot of odd shape Lot Line, Side: Any lot line not a front or rear lot line. Lot, Nonconforming: A lot lawfully existing at the effective date of this bylaw, or any subsequent amendment thereto, which is not in accordance with all provisions of this bylaw, including but not limited to a lot which does not meet the lot area or street frontage requirements shown on Table 2, Table of Dimensional Requirements. (Rev. 4/91) Lot, Through: A lot abutting more then one street (including a corner lot). (See Figure 2.) Lot Width: The shortest distance between opposite sidelines of a lot measured at a point midway between the front lot line and the rear lot line. At no point between the street frontage line and the midway point shall the lot be narrower than 75% of the required lot width. Membership Club: A noncommercial social, sports, or fraternal association or organization, which is used exclusively by members and their guests. Meteorological Monitoring: The collection of data relevant to wind, speed and direction. (Rev. 4/05) Multi-Family Dwelling: A building designed or intended or used as the home of three (3) or more families, each in a separate dwelling unit, living independently of each other and who may have common rights in halls and stairways. Page 13 ZONING BYLAW Town of Nahant June 2007 SECTION 2 DEFINITIONS CONTINUED Non-Hazardous Research: Research activities including, but not limited to, the fields of engineering, physics, social science and other disciplines. Any activity, which may be detrimental to the health, safety or welfare of persons working in or living near the activity, is expressly prohibited. Included in this category would be research involving toxic chemicals, recombinant DNA, infectious microorganisms, radiation sources, atmospheric and/or noise pollution. Nonprofit Religious or Educational Purposes: Land or structures for religious purposes or for educational purposes on land owned or leased by the Commonwealth of Massachusetts or any of its agencies, subdivisions or bodies politic or by a religious sect or denomination, or by a nonprofit educational corporation shall be permitted in any district; provided, however, that such land or structures shall be subject to the regulations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements as described in Table 2 of Section 4 for each district. Occupancy Permit: A statement signed by the Building Inspector, setting forth either that a building or structure complies with this bylaw or that a building, structure or parcel of land may lawfully be employed for specified uses, or both. Office: A place in which functions such as directing, consulting, recordkeeping, clerical work, and sales (without the presence of merchandise) of a firm are carried on; also, a place in which a professional person conducts his or her professional business. One-Family Dwelling: A detached dwelling designed and used for a single family; a house. Open Space Land: Land on a developed parcel which is unbuilt upon and contains no paved parking, loading, or driveway areas, but which may contain active or passive recreation areas, including incidental paving related thereto. Outdoor Storage Area: A space outside of a building which is used to keep merchandise for use, goods to be processed or machinery for use. Owner: The duly authorized agent, attorney, purchaser, devisee, trustee, lessee, or any person having vested or equitable interest in the use, structure or lot in question. Parking Space: An off-street space inside or outside a structure for exclusive use as a parking stall for one motor vehicle. Permanent Open Space: Land set aside by irrevocable covenant as permanent open space in public, private or cooperative ownership. The form of covenant covering such open space land shall provide for its permanent ownership and maintenance and shall be subject to the approval of the Town Counsel and the Board of Selectmen. With the approval of the Town Meeting, this land may be deeded to the Town. Principle Use: (See “Use, Principle”) Page 14 ZONING BYLAW Town of Nahant June 2007 SECTION 2 DEFINITIONS CONTINUED Repair: Any maintenance, which affects structure, egress, fire protection systems, fire ratings, energy conservation provisions, use, occupancy or utilities. Repair, Ordinary: Any maintenance which does not affect structure, egress, fire protection systems, fire ratings, energy conservation provisions, plumbing, sanitary, gas, electrical or other utilities. Residential Open Space Preservation (ROSP): Re: Massachusetts General Laws, 40A, 9.1; Section 11 of the bylaws, designed to preserve Nahant’s open spaces, woodlands, public lands and scenic vistas, by permitting the most harmonious use of the parcel’s natural features and resources via allowing flexibility for the development of single and/or attached dwellings (see definition). A single parcel of land owned by one owner, consisting of no less than three quarters (3/4) of an acre may be developed under the ROSP bylaws as an alternative to the standard single-family house lot. An ROSP may only be granted to the standard single-family house lot. An ROSP may only be granted by special permit, with the Planning Board as the granting agency. (Rev. 4/96) Restaurant: An establishment, other than a Fast Food Establishment, where the principle activity is the service or sale of prepared food or drink for on-premises or off-premises consumption. Retaining Wall: A wall designed to resist the lateral displacement of soil or other material. (Rev. 4-93) Roomers: (See Section 4.06 “Renting of Rooms to Roomers or Lodgers”). Semi-Detached Dwelling: (See “Duplex House”). Setback: The shortest horizontal distance from any lot line to the nearest building wall or building part. Sign: Any permanent structure, device, letter, word, model, insignia, trade flag, steamer, display, emblem, or representation used as, or which is in the nature of, an advertisement, announcement, or direction, or is designed to attract the eye. This definition shall include signs located within a window. Marquees, canopies, clocks, thermometers and calendars shall be subject to these provisions when used in conjunction with signs as defined above. (See Section 8 for specific regulations relating to signs). Sign, Accessory: Any sign that, with respect to the premises on which it is erected, advertises or indicated one or more of the following: the person occupying the premises, the business Page 15 ZONING BYLAW Town of Nahant June 2007 SECTION 2 DEFINITIONS CONTINUED Sign Area; Area of a Sign; Signage: Shall mean the area of the smallest horizontally or vertically oriented rectangle which could enclose all the display area of the sign, together with any backing different in color or material from the finish material of the building face, without deduction for open space or other irregularities. Structural members not bearing advertising matter shall not be included unless internally or decoratively lighted. Only one side of flat, back-to-back signs need to be included in calculating sign area. Sign, Facing or Face: The surface of a sign, board, background area, and structural trim upon, against or through which a message is displayed or illustrated on the sign. Sign, Freestanding: A sign not a part or attached to any building but generally located elsewhere on a lot. Such sign shall not exceed a height of 20 feet and shall have 10 feet of clearance under the sign. Sign, Ground: A freestanding sign located on or close to the ground, the top of which shall not be higher than four (4) feet about the ground. Sign, Permanent: Any sign as defined above, intended to be erected and maintained for more than 90 days. Sign, Portable: A freestanding sign not permanently affixed, anchored, or secured to the ground or a structure on the lot it occupies, including trailered signs but excluding signs affixed to or painted on a vehicle. Sign, Projecting: Any sign, which is attached to a building or other structure any part of which projects more than 18 inches from the wall surface of that portion of the building or structure in front of which the sign is positioned. Sign, Roof: Any sign erected, constructed and maintained upon or over the roof of any building. Sign, Temporary: Any sign, including its supporting structure, intended to be maintained for a continuous period not to exceed 90 days. Sign, Wall: A sign not exceeding four (4) feet in height securely affixed to a wall projecting not more than 12 inches from and parallel to the face of such wall, not projecting beyond the building face fronting on a street or parking lot nor above the highest line of the wall to which it is attached. A wall sign shall be no higher than the lowest of the following: (a) 25 feet above grade; (b) the bottom of the sills of the first level of windows above the first story; or (c) the cornice line of the building at the building line. If attached to a parapet, a sign shall not exceed the height of the parapet. Sign, Primary Wall: A sign on the building face fronting on a street or parking lot frontage. Page 16 ZONING BYLAW Town of Nahant June 2007 SECTION 2 DEFINITIONS CONTINUED Sign, Secondary Wall: A sign located on any building face fronting on a street or parking lot frontage other than that of the primary wall sign. The cumulative area of all secondary wall signs shall not exceed 50 percent of the maximum possible area of the primary wall sign. Signs, Window: Signed painted or posted on an interior translucent surface including windows and doors, such coverage not to exceed 25 percent of the area visible from the exterior of the building. Special Permit Use: A use of a structure or lot or any action upon a premises which may be permitted under this bylaw only upon application to, and with the approval of, the Special Permit Granting Authority in accordance with Section 9 hereof. Story: The portion of a building, which is between one floor level and the next higher floor level, or the roof. If a mezzanine floor area exceeds one-third (1/3) of the area of the floor immediately below, it shall be deemed to be a story. A basement shall be deemed to be a story when its ceiling is four feet, six inches or more above the average finished grade. A cellar shall not be deemed to be a story. An attic shall not be deemed a story if unfinished and not used for human occupancy. Story, Half: A story which is under a gable, hipped, or gambrel roof, where less than one- half (1/2) the floor area has a clear height of seven (7) feet or more. (See Figure 3) Street: A public or private way, which is accepted or devoted to public use by legal mapping or by other lawful procedure. It shall be synonymous with the words “street”, “right-of-way”, “road”, “avenue”, “highway”, “parkway”, and other similar designations. Prior to issuance of a building permit, the Building Inspector shall determine that the street will be passable for automobiles and emergency vehicles during all seasons of the year. (See Figure 3.) Street Line: (See “Lot Line, Front”) Structure: A combination of materials for permanent or temporary occupancy or use, such as a building, bridge, trestle, tower, framework, retaining wall, tank, tunnel, tent, stadium, reviewing stand, platform, swimming pool, shelter, pier, wharf, bin, fence, sign, antenna, carport, court, deck or the like. Structure, Nonconforming: A structure, lawfully existing at the time of adoption of this bylaw, or any subsequent amendment thereto, which does not conform to one or more of the applicable use, dimensional, or density regulations for the district in which the structure is located; or a structure on a nonconforming lot. Two-Family Dwelling: A house on a single lot containing two dwelling units. This definition includes duplex houses. Use: The purpose for which a structure or lot is arranged, designed, or intended to be used, occupied or maintained. Page 17 ZONING BYLAW Town of Nahant June 2007 SECTION 2 DEFINITIONS CONTINUED Use, Accessory: (See “Accessory Use”) Use, Nonconforming: A use lawfully existing at the time of adoption of this bylaw or any subsequent amendment thereto which does not conform to one or more provisions of this bylaw (See Section 7). Use, Principle: The main or primary purpose for which a structure or lot is designed, arranged or intended, or for which it may be used, occupied or maintained under this bylaw. Variance: A departure from the terms of this bylaw authorized by the Board of Appeals under the terms of Section 9 hereof. Yard: An open space unobstructed from the ground up, on the same lot with a principle building, extending along a lot line or front lot line and inward to the principle building. The size of a required yard shall be measured as the shortest distance between the nearest point of the building and a lot line or front lot line. Structures, which are below the finished lot grade, shall not be deemed to occupy required yards. Yard, Front: A yard extending across the full width of a lot and lying between the front lot line and the nearest part of a building. (See Figure 4.) Yard, Rear: A yard extending across the full width of a lot and lying between the rear lot line and the nearest part of a building. (See Figure 4.) Yard, Side: A yard extending from the front yard to the rear yard and lying between a side lot line and the nearest part of a building. (See Figure 4.) Page 18 ZONING BYLAW Town of Nahant June 2007 SECTION 3 DISTRICTS AND BOUNDARIES SECTION 3.01 – ESTABLISHMENT OF DISTRICTS For the purpose of this bylaw the Town of Nahant is hereby divided into six (6) classes of districts as follows: ResidenceR-1 ResidenceR-2 Business B-1 Business B-2 NaRtesolureR Public SECTION 3.02 – ZONING MAP A. The Boundaries of the districts are hereby established as shown on a map entitled Official Zoning Map of the Town of Nahant, which, together with all boundaries, notations and other data shown thereon, is hereby made a part of this by law. The Official Zoning Map shall be located in the office of the Town Clerk, shall be identified by the signatures of the Selectmen and attested by the Town Clerk, shall bear the seal of the Town, and shall contain the following legend: “This is to certify that this is the Official Zoning Map referred to in Section 3.02 of the zoning Bylaw of the Town of Nahant Massachusetts duly adopted on April 30, 1991, as amended to date.” B. Changes duly made in district boundaries or other matters portrayed on the Official Zoning Map shall be entered thereon within 10 days after they become effective, and a notation made as follows: “On (insert date), by official action of the Town, the following (change, changes) were made in the Official Zoning Map: (brief description of change).” Said Notation shall be signed by the Selectmen and attested by the Town Clerk. C. Every parcel of land shown on the Zoning Map not otherwise shown as zoned, is hereby zoned as a Residential R-1 district; and all unzoned land within the Town of Nahant, if any, is hereby zoned as a Residential R-1 district. Page 19 ZONING BYLAW Town of Nahant June 2007 SECTION 3.03 – BOUNDARIES OF DISTRICTS Where uncertainty exists as to the location of a district boundary on the Official Zoning Map, the following rules shall apply: A. Where the district boundary is a street, the boundary line shall be the centerline of such street. B. Where the boundary line is indicated approximately parallel to a street it shall be taken as parallel thereto and unless otherwise indicated, one hundred feet distant from the nearest street line. C. Where the district boundary is indicated as a lot line, the boundary line shall be the lot line. D. Where the district boundary is indicated as the edge of the ocean or other water body, the boundary line shall be considered to include any area in the bed of the water body. In the case of a disputed boundary, the decision shall be made by the Building Inspector using the above guidelines, subject to the appeal procedures provided by law and this bylaw. SECTION 3.04 – CASES OF LOTS IN TWO DISTRICTS Where a district boundary divides a lot, and the major portion of said lot is in the less restricted district, the regulations applicable to the less restricted portion of such lot may extend not more then 20 feet into the more restricted portion provided the lot has frontage on a street in the less restricted district. Page 20 ZONING BYLAW Town of Nahant June 2007 SECTION 4 USE REGULATIONS SECTION 4.01 – PURPOSE AND INTENT It is the purpose and intent of this section of the bylaw to list those uses, which are specifically allowed or specifically prohibited in the various zoning districts listed in Section 3 of this bylaw. Any use not listed herein is prohibited. SECTION 4.02 – APPLICATION Except as herein provided, the provisions of this bylaw shall apply to the erection, construction, reconstruction, alteration, or use of buildings or structures and the use of land. Except as herein provided, any existing nonconforming use, structure, or lot shall not become further nonconforming. No new or existing building or part thereof shall be constructed or used, and no premises shall be used, and no building or part thereof shall be altered, enlarged, reconstructed or used as follows: A. For any purpose which by emission or discharge of fumes, vapor, gas, dust, offensive odors, chemicals, poisonous fluids or substances, refuse, organic matter or excrement, the causing of noise or vibrations, or by unduly increasing the risk from fire or explosion or otherwise, would be dangerous or injurious to the public health or safety. B. For any purpose, which would be for any, reason injurious to the health, safety, convenience or welfare of the community or harmful to the property therein. SECTION 4.03 – EXISTING BUILDINGS & LAND This bylaw shall not apply to lawfully existing buildings or structures, nor to the lawfully existing use of any building, structure or land, except as provided in Section 7, Nonconforming uses. SECTION 4.04 – USES SUBJECT TO OTHER REGULATIONS Uses permitted by right or by special permit shall be subject, in addition to use regulations, to all other provisions of this bylaw and other applicable statutes, regulations and bylaws. SECTION 4.05 – TRAILERS, MOBILE HOMES, AND BOATS No person, except as hereinafter provided, shall occupy or use or permit to be used or occupied for dwelling, habitation, business, trade, profession or similar purposes any trailer, trailer coach, mobile home, vehicle, portable building, or boat, except that a boat in the water may be used as a seasonal dwelling during the summer months. If a residence has been destroyed by fire or other natural holocaust, or in other cases of emergency, hardship, accident, or similar circumstances, the occupancy of a trailer, trailer coach, mobile home or portable building for temporary dwelling purposes may be authorized by a permit Page 21 ZONING BYLAW Town of Nahant June 2007 from the Building Inspector, with certification from the Board of Health that said temporary dwelling complies with the provisions of the State Sanitary Code. Occupancy of such temporary dwelling shall not exceed 12 months while the residence is being rebuilt. SECTION 4.06 – RENTING OF ROOMES TO ROOMERS OF LODGERS Renting of rooms (lodging units) in a dwelling unit for the use of not more than two roomers or lodgers, who do not constitute a housekeeping unit separate from that of the resident family, is permitted in a residential or business district provided that at least one off-street parking space is provided for each such roomer. Rooms rented to roomers or lodgers shall not have private outside entryways or separate cooking facilities. Roomers must use cooking facilities of resident family. SECTION 4.07 – CUSTOMARY HOME OCCUPATIONS A. The following home occupation uses (See definition in Section 2) shall be permitted in the Residential or Business Districts, subject to the requirements of Section 4.12 A: 1. Use of not more than 25% of the gross floor area of a dwelling unit for the professional office of a doctor, dentist, lawyer, architect, engineer, accountant, artist, computer programmer or similar professional person, provided that not more than three (3) persons, including any employees, are engaged in such activities on the premises and further provided that off- street parking shall be provided in accordance with Section 6 hereof and further provided that said doctor, dentist, lawyer, architect, engineer, accountant or similar professional person make his or her home and reside in said building dwelling. 2. Upon issuance of a special permit by the Board of Appeals, use of not more then two rooms one-third of the gross floor area of a dwelling unit for a customary home occupation, including professional office, beauty parlor, teaching of not more than three pupils simultaneously, dressmaking, the repairing of small goods, or the office of a builder, contractor, plumber, electrician, real estate agent or insurance agent provided that not more than three persons, including any employees, are engaged in such activities on the premises and no good or materials or equipment however described in a business in this section shall be stored outside the structure and no business activities shall be performed outside the structure, and provided further, that at least one off-street parking space shall be provided for each room so used in accordance with Section 6 hereof. The proprietor of the home occupation shall reside in said dwelling. Prior to issuing a special permit under this paragraph, the Board of Appeals shall make a finding that the issuance of such a permit would not be detrimental to the residential nature of the neighborhood. B. The use shall be carried on strictly within the principle building. C. One sign, not exceeding two square feet, may display the street number and the name of the occupant of the premises and identification of an accessory professional office or customary home occupation or the renting of rooms (see Section 8, Signs). Page 22 ZONING BYLAW Town of Nahant June 2007 D. The buildings or premises occupied shall not be rendered objectionable or detrimental to the residential character of the neighborhood due to the exterior appearance, emission of odor, gas, smoke, dust, noise, electrical disturbance, or in any other way. In a structure containing more then one dwelling unit, the use shall in no way become objectionable or detrimental to any residential use within the structure. E. A building containing a home occupation shall retain its appearance as a primarily residential building. SECTION 4.08 – PARKING OF VEHICLES IN RESIDENCE DISTRICTS A. Parking of Unregistered Vehicles in Residence Districts– In a residence district, (a) no more than one unregistered, dismantled or inoperative motor vehicle shall be kept or stored on a lot unless kept or stored in a building; and (b) no unregistered, dismantled or inoperative motor vehicle shall be kept or stored in the front yard or within the required side or rear yards as set forth in the Table of Dimensional Requirements. B. Parking of Other Vehicles in Residence Districts Driveway space may be provided in the required front yard for not more than three vehicles per dwelling unit, including no more than one commercial vehicle. Garage or driveway space for more than one commercial vehicle may be provided with a special permit from the Board of Appeals; however, if such a special permit is granted, the second vehicle must be garaged. The parking of a truck or commercial vehicle in a residential district is subject to the following additional regulations: a. The vehicle shall not exceed one-ton capacity (manufacturer’s rating). b. The vehicle shall be permitted only if used as a means of transportation to and from the resident’s place of business. c. It shall not be loaded with inflammable, noxious, dangerous or unsightly materials. SECTION 4.09 – SWIMMING POOLS A. General – Outdoor pools used for swimming or bathing shall be in conformity with the requirements of this section; provided, however, these regulations shall not be applicable to any such pool less then 24 inches deep or having a surface area of less than 250 square feet. Materials and construction used in swimming pools shall comply with the applicable requirements of the Massachusetts State Building Code. Page 23 ZONING BYLAW Town of Nahant June 2007 B. Plans and Permits 1. Permits : No swimming pool or appurtenance thereto shall be constructed, installed, enlarged, or altered until a permit has been obtained from the Building Inspector. The approval of all Town authorities having jurisdiction over swimming pools shall be obtained before applying to the Building Inspector for a permit. Copies of these approvals shall be filed as part of the supporting data for the application for this permit. 2. Plans : Plans shall accurately show dimensions and construction of pool and appurtenances and properly established distances to lot lines, buildings, walks, and fences; details of water supply system, drainage and water disposal systems; and all appurtenances pertaining to the swimming pool. C. Locations – In-ground swimming pools shall be set back a minimum of 25 feet from a street property line, 10 feet from a side property line, and 10 feet from a rear property line. Above-ground swimming pools shall be set back a minimum of 25 feet from a street property line and 15 feet from a side or rear property line. No swimming pool shall be located less than 10 feet from any permanent structure. The Board of Appeals may, by special permit, allow location of a pool within the above required yard setback area, to within one-half the required distance, if it finds that literal enforcement of the required setbacks would involve practical difficulty or unnecessary hardship and the granting of relief would not result in a detriment to the public safety, health, convenience or welfare. D. Drainage Systems – The swimming pool shall be equipped to be completely emptied of water, and discharged water shall be disposed of in an approved drain. E. Appurtenant Structures – All appurtenant structures, installations, and equipment, such as showers, dressing rooms, equipment houses or other buildings and structures, shall comply with all applicable requirements of the building code and zoning bylaw. Any fuel stored for pool heating purposes shall be subject to Town fuel storage regulations. F. Safety Precautions 1. Overhead Electrical Conductors – No overhead electrical conductors shall be installed within 15 feet of any swimming pool. All metal fences, enclosures, or railings near or adjacent to a swimming pool to which bathers have access, which may become electrically active as a result of contact with broken overhead conductors, or from any other cause, shall be effectively grounded. 2. Swimming Pool Safety Devices – Every person owning land on which there is situated a swimming pool, fish pond or other body of water which constitutes an obvious hazard and contains 24 inches or more of water in depth at any point, shall erect and maintain thereon an adequate fence or enclosure either surrounding the property or pool area, sufficient to make such body of water inaccessible to small children. Such enclosure, including gates thereto, shall be not less than five feet above the underlying ground; and all gates shall be self-latching with latches placed not less than four feet Page 24 ZONING BYLAW Town of Nahant June 2007 above the underlying ground or otherwise made inaccessible from the outside to small children. 3. No water shall be placed in a pool until the required fence or enclosure is installed. 4. An occupancy permit shall be obtained from the Building Inspector prior to use of a pool. SECTION 4.10 – USES PERMITTED IN A NATURAL RESOURCE DISTRICT A. Purpose – The Natural Resource District is intended for natural resource and recreation uses in accordance with the following purposes: 1. The preservation and maintenance of protected wildlife and wetlands resource areas and habitats. 2. The protection of the Town against the costs which may be incurred when unsuitable development occurs in swamps, marshes, along water courses, in areas of high impact due to overcrowding of land and undue concentration of population, or on slopes subject to erosion. 3. To preserve and increase the amenities of the Town and foster enjoyment of its remaining natural resources as recreational values. 4. To conserve natural conditions, wildlife and open space for the education, passive and active recreation and general welfare of the public. B. Uses – The following uses are permitted in a Natural Resource District: 1. Conservation of water, plants and wildlife. 2.
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