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TownofDennis AMENDED THROUGH AND INCLUDING STM NOVEMBER 16, 2010 ZONINGBY-LAW 1 DENNIS ZONING BY-LAW INDEX e g a SECTION 1 – ADMINISTRATION AND INTERPRETATION e l t i1.1 T 4 e s o p r u1.2 P n o i t 4a r t s i n i m 1.3 A Ap.p4olBoard 5 1.5 Penalty 6 Pre.6ofnreer 7 1.7 Separability 7 t n e m d 7 n e 1.8 A e t a D 7 e v i t c e f f1.9 E SECTION 2 – USE AND INTENSITY REGULATIONS 8 2.1 D Zitritscg 8 2.2egUulsaetions 10 2.3 InRtensiltaytions 22 2.4 Non-ConfC orndiiions 27 SECTION 3 – GENERAL REGULATIONS 4 3 LRoe3areiegffts 34 SECTION 4 – SPECIAL REGULATIONS 0 4 4p.Pranet)eeral 40 4.2 M Duwltllngs 43 s e s U 3 e 4 n i r 4a.3 M 4D4ilaapen ent 44 4.5 Nursing and/or Convalescent Homes, Assisted Living Facility, Community Care Retirement Facility, Continuing FaCi4tiemeileitnyt 4.6 General Provisions Related to the Quivet Neck/Crowe’s Pasture Resource4P 4.7 Provisions Specific to Grid Subdivision Development of Land Within the Quivet Neck/Crowe’s Pasture Resource t c i r 3 t6 s i D n o i t c e t o r P 4.8 Cluster Development Provisions for the Quivet Neck/Crowe’s Pasture Resource Protection District 4.9 Provisions to Encourage the Development of Affordable Housing in Dennis FBBRserm1ilse SECTION 5 – DEFINITIONS 8 7 SECTION 6 – FLOODPLAIN DISTRICT 9 8 6.1 Purpose 89 6.2 FloBDoiplrntries 89 6.3egUulsaetions 89 6.4 PeU rsetted 90 6.5 Definitions 90 COMM –UNSEICFTIIOINITIES 93 PurpaGdeoa7l.s1 93 Deigr.attions 93 App7lrcoactieodnures 96 Co-7Location 98 Mo7 dfications 98 Maoiatonrnce 99 AbDaidcontnentton 7.8 Reconstruction or Replacement of Existing Towers and Monopoles SeprctolfTem.9 100 e g a P SECTION 8 – DENNISPORT VILLAGE CE ZNONEER 101 8.nteanrdpose 101 8.AreLaaoation 101 8.3 APrpjreocvtal 101 8.4 PerUmsiessive 102 8.5UPsprcitl 102 8.6 AcU cessessory 102 8.7Sizeinit um 103 8.BLuiettacks 103 8.9 Heights 105 8.10 Reeguraltions 107 8.11SDtavedrlnsent 110 8.12rndelsrs 111 8.13 Waivers 111 9.0 WEST DENNIS VILLAGE ZO DISINGICTS 112 Intanrp.o1se 112 9.2 Regulations Specific to Property Within the Residential/CommerciaRist)1t13c 9.3 Regulations Specific to Property Within the Mixed Use Marine Zone 114 (Misti)ten.e4 115 Dieli9r5rtt.e 116 Zonltagst9.6 118 Reeg9ra7ltions 120 SDtav9.rlnsent 125 AppRrOdewrs.9 127 Wa9i.ers 127 HREDI10(TIC)TS 128 Pur1po-s1e 128 EDss0rcstfhsment 128 Dim1eR-siqorlments 128 StructdP10s4rlled 10-5 Uses And Structures In Hotel Resort Districts That Require A Special Permit 130 10-6 Special Provisions for Accstrrytdrsss 130 In Hotel Resort Districts That Require A Special Permit. Dev10lo7tnenrtds 130 10-8 Hotel and Motel Projects in the General Commercial II Zoning District 132 Peem0iiedt9 133 10-10 Application To Resort Development In Other Districts 133 HLoie/ratonss 133 EWFINCGIYITIES 135 11.1 Purpose 135 11.2Gruetitrglity 135 11F3aWeilesigtniyd 135 11.4RPeemirtments 135 11.5 Definitions 135 11F6Pelieeuirements 136 11.7 General Requirements for the Installation of any Wind Facility 139 11.8 Criteria for review and approval of a Special Permit for a Wind Energy Facility 140 11.9Sepepfilration 141 11.10 AgriE cxlmraltion 142 SEA12S0COOMRMT(SRICT)Y 143 IntPutpdo.s1es 143 AUl12s2d 143 Def12i.t3ions 143 Dev1e2.o4nenrtds 144 LBa1eqriiiegents 145 12.6 Provisions Affecting All Seasonal Resort Communities 146 12.7 Provisions Specific to RecSathclel 147 2 e g a P Seaooapilcfisc 147 Pprpj2.t9al 148 AMENDMENTS 149 AMENDED THROUGH AND INCLUDING STM NOVEMBER 16, 2010 3 SECTION 1 - ADMINISTRATION & INTERPRETATION 1.1 TITLE This By-Law shall be known as the Dennis Zoning By-Law. 1.2 PURPOSE The purpose of this By-Law is to promote the health, safety, convenience, amenity, and general welfare of the inhabitants of the Town of Dennis, through enc ouraging the most appropriate use of the land as authorized by Chapter 808 of the Actsof 1975, with objectives as follows: To lessen congestion in the ways; to conserve he alth; to secure safety from fire, flood, panic and other dangers; to provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of population; to recognize the need for housing for persons of all income levels; to facilitate the adequate provision of transportation, water, water supply, drainage, schools, parks, open space, and other public requirements; to conserve the value of land and buildings, including the conservation of natural resources and the prevention of blight and pollution of the environment; to encourage the most appropriate use of land throughout the town, including consideration of the master plan, and to preserve and increase amenitiesby the promulgation of regulations to fulfill said objectives. 1.3 ADMINISTRATION 1.3.1 Enforcement The Building Commissioner shall administer and enforce th e provisions of this By-Law. No permit shall be issued for construction or for the change of use of any land or premises unless the required submitted plans and specifications indicate that buildings, structures, premises and their use will conform in all respects to the provisions of this By-Law. 1.3.2 Plans and Specifications Plans required under the Dennis Zoning By-Law sha ll show sufficient info rmation to demonstrate compliance with parking, loading, and other applicable provisionsof this By-Law. 1.3.3 Refusal of Permit Whenever an application for a buildingpermit is refused, the reasons for such refusal shall be clearly stated in writing by the Building Commissioner. 4 1.4 BOAA RPFPEALS 1.4.1 Establishment There is hereby established a Board of Appeals which shall consist of five (5) members appointed to a term of five years and up to eight (8) associate members appinted to a term of 1 year who shall be appointed and act in all matters under this By-Law in the manner as authorized and prescribed by the Massachusetts General Law, as amended and the Mass achusetts Constitution, as amended. 1.4.2 Powers Except as provided in Sections 4.1.2 and 4.4, the Bo ard of Appeals shall have and exercise all the powers granted to it by Massachusetts General Law, as amended and the Massachusetts Constitution, as amended. The Board's powers are as follows: 184.108.40.206 To hear and decide applications for spec ial permits upon which the Bo ard is empowered to act under this By-Law pursuant to M.G.L. ch. 40A. Special permits may be granted only upon a finding by the Board that the proposed use will not create nuisance, hazard or congestion, or other significant harm to the neighborhood, nor cause derogation from the general purpose and intent of the By-Law, the stated district intent or applicable use criteria. It shall be thponsibility of the applicant for any special permit to show, to the satisfaction of the Special Permit graig authority, that the following criteria are met: a. The use is allowed by special permit in the district in which proposed, pursuant to §2.2.2 - Use Regulations Schedule; b. Suitability of the site for the proposed use in light of the applicable district intent, as provided in §2.1.5; c. Adequacy of management of traffic flow within the site as well as in relation to adjoining streets and properties, so asto minimize unsafe or harmful impacts of the use; d. Compatibility of the proposed use with surrounding land uses, so as to minimize harmful impact or conflict with existing desirable neighborhood character, including views, vistas and other aesthetic values; e. Adequacy of provision of utilities and other necessary or desirable public services; f. Adequacy of control of artificial light, nois e, litter, odor or other sources of nuisance or inconvenience to adjoining properties,public ways and neighborhoods; and g. Adequacy of protection from degradati on and alteration of the natural environment, including but not limited to slopes and other topographical features, vegetation, wetlands, groundwater and water bodiesand wildlife habitat. 5 220.127.116.11 To hear and decide appeals or petitions for variances from the terms of this By-Law with respect to particular land or structures, including variances to al low a use other than provided for in Section 2.2.2. Such variance shall be granted only in cases where theBoard of Appeals makes findings that are consistent with the criteria outlined in M.G.L. ch. 40 A, §10. 18.104.22.168 To hear and decide appeals taken by any person aggrieved by reason of his inability to obtain a permit or enforcement action from any administrative officer under the provisions of M.G.L. ch. 40A, and as otherwise provided for by M.G.L. ch. 40A, §8. 1.4.3 Review and Reports Upon receipt of any application to the Board of Appeals, the Board of Appeals shall file one copy with the Town Clerk, one copy each with the Planning Board, a nd such other boards as specified in Section 4, for their review and recommendation. The Planning Board, and said other Boards may submit reports to the Board of Appeals within 35 days of the receipt of th e application from the Board of Appeals. Failure to report shall be deemed to be lack of opposition. 1.4.4 Public Hearing A public hearing shall be held within sixty-five (65) days after the effective date of filing of an application, or such other time as provided for in M.G.L. ch.40A. Effective date of filing is the date the application is filed with the Town Clerk. 1.4.5 Expiration If substantial use or construction has not commenced without good cause within one year from the date granted, the Special Permit shall lapse. 1.4.6 A Special Permit or a Building Permit issued before the publication of the first notice of a public hearing of a proposed amendment shall conform to an y subsequent amendment of the By-Law unless the use or construction is commenced with in a period of not more than six months after the issuance of the permit and, in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously asis reasonable as determinedby the Building Commissioner. 1.5 PENALTY Any person violating any of the provisions of the By -Law shall be fined not more than $300.00 for each offense. Each day that such violation continues shallconstitute a separate offense. The enforcement officer shall be the Building Commissioner. When Enforced in accordance with the provisions of M.G.L. ch. 40, §21D, the penalty shall be as follows: First offense - written warning; Second offense - $100; and Third offense $200. 6 1.6 ORDER OF PRECEDENCE In the event that this By-Law conflicts with any other By-Law, regulation, or requirement of the Town, the most restrictive shall prevail. 1.7 SEPARABILITY The invalidity of any section or provision of this By-Law shall not invalidate any other section or provision herein. 1.8 AMENDMENT This By-Law may from time to time be changed by amendments, addition, or repeal by the Town Meeting in the manner provided in M.G.L.. 40A, and any amendment therein. 1.9 EFFECTID VETE Upon its effective date, this By-L aw shall amend and be substituted for the existing Zoning By-Law of the Town of Dennis, but shall not afect such rights or duties thhave matured, penalties that were incurred, proceedings that were begun or appointment s made before its effective date, pursuant to the previously effective Zoning By-Law, except as provided by M.G.L. ch. 40A of the General Laws. 7 SECTION 2 – USE AND INTENSITY REGULATIONS 2.1 ZONINDGISTRICTS 2.1.1 Establishment The Town of Dennis is hereby divided into the following zoning districts: E M A N TTITRE O H S Resalential R-60 Deosiyential R-40 ResndorttialRR Bs Ls e n i s u LiBited ExtBnsiveess EB I - C GI l a i c r e m m o C l a r e n e G GCeoerlIIrcalC-II General Commercial III GC-III Industrial I Quivet Neck/Crowe's Pasture Resource Protection District DennVsilatDPVC Residential/Commercial R/C MMUrieed MUM S O eM c a p S n e p O e n i r a M VSiaperrt VCS DWieater WDVC Medium Wind Facility Overlay District Large Wind Facility Overlay District R Ht c i r t s i D t r o s e R l e t o H SeaRoesartunRty 2.1.2 Zoning Map The boundaries of the districts are defined Zoning Map”, dated September 5, 2010 on file explanatory matter thereon are hereby made a part of this By-law, together with any amendments adopted by vote of the Town Meeting. 2.1.3. Distt oundaries Boundaries of Zoning Districts indicated on the Zoning Map as approximately following or terminating at a town limit or lot line, or street, railroad or stream centerlines shall be construed to be actually at those lines. Boundaries indicated as at a numerically noted distance from a street line shall be construed to be actually parallel to, and located such distance in feet from such street other way, boundaries shall be determined by scale from the map. 2.1.4 DivideLdots Where the boundary of a zoning district divides a lot having any frontage on a street in a less restricted district, the provision of this By-law covering the less restricted portion of the lot shall extend only to the district boundary. Where the boundary of a district divides a lot having frontage only on a street in a more restricted district, the provisions of this By-law covering the more restricted portion of the lot shall extend to the entire lot. Refer to the table in Section 2.1.1. for listing of districts, Rural Residential being the most restrictive and industrial being the least restrictive as to the use and dimensional requirements. Except that the provisions of section 22.214.171.124.2 shall apply to any lot which includes land within the QNCPRPD. 2.1.5 DistriIttents 126.96.36.199 Rural Residential – To provide for residential sites wh ile at the same time encouraging open space, preserving or enhancing scenic views, prot ecting the character of the historic environs, encouraging continuation of or re-establishment of agricultural activities while recognizing site and area limitations for on-site waste water disposal systems in terms of drainage, soil suitability, proximity to surface and sub-surface water resources and slope. 188.8.131.52 Low Density Residential – To provide sites for low density residential development, while respecting the existing character of the neighboring homes and properties, incl uding compatible related home oriented activities, and agricultural pursuits in a rural environment. 184.108.40.206 Resort and Residential – To provide sites for seasonal resource oriented resorts with special attention to preserving the value of land and enhancing the existing vegetation, visual landscape, and amenities with consideration of neighboring properties, and to conserve the value of existing structures and buildings with good period design, recognizing the va lue of recycling of old structures and buildings with good period design for future generations, there by retaining the character of the area, the town and the quality of a rural seaside New England Village. 220.127.116.11 Limited Business – To provide for small-scale busine ss development for local and transient services compatible with low density and rural reside ntial development within park-like settings which through landscaping and design or through preservati on, enhance the existing natural landscape and historic environs; at the same time protecting scenic vistas, minimizing the visibility of parked cars, avoiding the appearance of commercial strips as well as congestion in abutting ways, and retaining the character and the quality of life in the rural New England seaside village. 18.104.22.168 Extensive Business – To provide sites for pre-planned business development within park-like settings which, through landscaping and design, creates amenities and avoids the appearance of commercial strips and adverse impacts on abutting roads and uses. 22.214.171.124 General Commercial I – To provide sites for commercial development, wholesale-retail warehousing and light manufacturing which create employment opportun ities while recognizing site and area limitations for on-site wastewater disposal systems in terms of drainage, soil suitability, proximity to surface and subsurface water resources and slope and preserving or enhancing visual landscapes. 126.96.36.199 General Commercial II and III – To integrate the evolution of a commercial development pattern with an older mixed use area so that it is compatible with the major highway it is principally oriented to while recognizing site and area limitations for on-site waste water disposal systems in terms of drainage, soil suitability, proximity to surface and subsurface water resources and slope and preserving the value of land and enhancing the existing ve getation, visual landscapes, and amenities with consideration of 9 neighboring properties, and to conserve the value of existing structures and buildings with good period design recognizing the importance of recycling of ol d structures and buildings for future generations thereby retaining the character of the area, the town, and the quality of life in a rural seaside New England Village. 188.8.131.52 Industrial – To provide for development, which crea tes employment opportunities, principally in non-seasonal enterprises, which are compatible with and respect the environment of the town. 2.2 URSEGULATIONS 2.2.1 General : Buildings or structures shall be erected orused and premises shall be used only as set forth in the “Use Regulations Schedule”, except as exempted by Section 2.4 or by statute. Where an activity might be classified under more than one of the uses in the Use Regulations Schedule, the more specific classification shall determine permissibility; if equally specific the more restrictive shall govern. Any use not specifically enumerated in a district herein shall be deemed to be prohibited. 2.2.2 Use Regulations Schedule Symbols employed shall mean the following: Y - A permitted use. N - An excluded or prohibited use. S - A use authorized under Special Permit as provided for in Section 184.108.40.206 herein. SR – A use authorized after a Special Review. 10 S Y DPVArea B S Y DPVC Area A I N Y S Y GCGC-III N Y GC-I EB N Y DISTRICT 11 LB S N RR S N N N S Quivet Resourcetrict Neck/Crowetection S N S S SS S N SS S N R-60 PRINCIPAL USES 1.FLHRICI.ATg.RulLRac.§4¹t-.HUlEief.nt(reeNalMent.pncnrSlelwlstnsteeeNoCPRntDN(SSeN YNY N Y Y N N S S DPVArea B N N DPVC Area A I S S S S GCGC-III S S GC-I EB S S DISTRICT 12 SRSR SR SR SR SR LB S S SR SRSR SR SR SR SR RR SR SR SRSR SR S S SR SR SR S S S S N N Quivet Resourcetrict Neck/Croweotection S Y Y SY Y NN Y N Y Y R-60 PRINCIPAL USES 3.PUUBL.CCAnFPr.itEiucatoeF.Niirsng.lom.tonLevroRtijNltt.Fil.tNaecYahriPFezNltSutilUaSSsSeS YNS NSS NYRSN S SNSS N Y Y DPVArea B N Y Y DPVC Area A I Y Y Y S Y Y GCGC-III N Y Y GC-I EB S Y Y DISTRICT 13 LB N Y S RR S S N N N N Quivet Resourcetrict Neck/Crowetection N N NN S N N SYNNNY NNN N NN NY S S N N N N NN N Y Y Y R-60 PRINCIPAL USES p. Tm.UorrR.StbsRadbnolfecratirallre,oru,fUamShArerbINSereclSrftelralsite.rSatrocedYTake-outYNSS NY YN Y N DPVArea B N DPVC Area A I Y S S Y N S Y 5 Y 5 NN N Y GCGC-III S–GC II S–GC II Y 5 S 5 S GC-I EB N DISTRICT 14 LB N RR N N NS S Y N N N N N Quivet Resourcerict Neck/Crowetection N N N Y YYN Y Y Y Y N N N N NN IINGC R-60 PRINCIPAL USES Resf.Prffis.Banoru.unieom.e3.itl.el(lNeneraiFNavtUa.salTNES.NaNTmrSIieSeefSltfMooeoilYhiNleSsYNNYNSSY N N N N N DPVArea B N N N N DPVC Area A I Y Y Y S S N S N GCGC-III S N N N GC-I EB N N N N DISTRICT 15 LB N N N N RR N N N N N N N N Quivet Resourcetrict Neck/Crowetection N NN NNNSNYNNSN S S S NS N N N N N N NY S Y N N R-60 PRINCIPAL USES d. §ll.2A)ttifnSae.Re§oi1..ceiyrrieoT.teeialorTeland.rtPonrt.INiiNr,ARlA.2.,Ndusry(See SS N S NS NS N Y N N DPVArea B N N N N DPVC Area A I Y S S S GC-GC-III Y S GC-I EB N S DISTRICT 16 LB N S RR N S Y YYYY Y YYY YY Y N N N N Y Quivet Resourcetrict require a Special per acre)proval by Neck/Crowetection N S N S S SS S SS S S N N NNS Y Y Y Y Y YY Y Y Y Y R-60 S 1 N S 1 S 1 S 1 S 1 S 1 S 1 PRINCIPAL USES b. War2.oc.iussraohvcl.,Anirastosalagy.iutitemeu.kocati4the Planning Board.lucltyolNcatNCsnsllucionYY N NS (1 HoN 6 N DPVArea B 6 Y Y N N N N N N N N N N N N DPVC N Area A I Y Y GCGC-III Y GC-I EB Y DISTRICT 17 LB Y RR 6N N Quivet Resourcetrict (by Planning Neck/Croweotection 6 Y Y YYY Y N N NNNNYNNNNNYN NNNNYNNNNN YN NNNNN YN NNNN Y R-60 N PRINCIPAL USES Offie.Voehclecialfruniy-er9.serEalSI.IeTElRsFlBeefdlertmrPyctEflcgyintrTlrimnilunecnrgnSFsaelity 18 Footnotes for Use Regulations Schedule ¹Only if on premises of 5 acres or more, otherwise "S" ²There shall be no more than one security apartm ent per lot, containing no more than one bedroom. ³Temporary Uses are allowable under zoning, but they do require a permit from the Board of Selectmen. Such uses shall be allowable for no more than 11days, from beginning of set-up to end of takedown. 4Parcels less than 5 acres. 5Where a Special Permit is required the Special Permit Granting Authority shall regulate the numbers of vehicles to be displayed and thearea designated for such display. 6Except as allowed in §2.2.5. 7 Any development of a community drinking water well shall require the filing of an environmental impact review that shall be subject to review and comment by the Board of Health and Conservation Commission, under the provisions of this Zoning By-law prior to Permit Approval by the Planning Board. 2.2.3 A home occupation shall include the services of the residents of the premises and no more than two non-resident employees. A home occupation shall not in clude repairs to motor vehicles as defined in the M.G.L. Chapter 90, Section 1, as amended, or the sale of articles produced in whole or substantially in part off premises, unless otherwise permitted by the Zoning By-law. 2.2.4 Outside bulk storage, contractor’s yard, dis posal area or open storage related to manufacturing, processing, warehousing, wholesale trade or a public u tility facility shall be screened from an adjacent residential use, a residential district or street by a solid stockade fence six feet in height or densely planted trees or shrubs six feet or more in height, or be equivalently obscured by natural vegetation. 2.2.5 No commercially registered motor vehicle or tr ailer shall be principally garaged in any portion of a lot in a residential district unless said vehicle or trailer is suitable housed during the nighttime in a structure, which shall have a roof and shall be enclo sed on all sides so that said vehicle or trailer is not visible. This restriction shall not apply to vans or pick-up trucks that have a capacity of one ton or less, to station wagons, or to pre-existing non-conforming uses. 2.2.6 Adult Entertainment 220.127.116.11 Authority This By-Law is enacted pursuant to M.G.L. Chapte r 40A and pursuant to the Town’s authority under the Home Rule Amendment to The Massachusetts Constitu tion to serve the compelling Town interests of limiting the location of and preventing the clustering and concentration of ce rtain adult entertainment enterprises, as defined and designated herein, because of their deleterious effect in generating crime and blight. 18.104.22.168 Purpose It is the purpose of the Adult Entertainment By-Law to address and mitigate the secondary effects of the adult entertainment establishments and sexually oriented businesses that are referenced and defined herein. 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 qua lity of life in the Town. All of said secondary impacts are adverse to the health, safety and generalwelfare of the Town of Dennis and its inhabitants. The provisions of this By-Law have neither the purposenor intent of imposing a limitation on the content of any communicative matter or materials,including sexually oriented mater ormaterials that are protected by 19 the Constitutions of the United States of America or ofthe Commonwealth of Massachusetts, not to restrict or deny rights that distributors or exhibitor of such matter or materials may have to sell, rent, distribute or exhibit such matter or materials. Neither is it the pu rpose or intent of this By-Law to legalize the sale, rental, distribution or exhibition of obscene or other illegal matter or materials. 22.214.171.124 Definitions Adult Entertainment Uses: shall include the following uses: 1. Adult Bookstore, as defined in M.G.L. c.40A, §9A; 2. Adult Motion Picture Theaters, as defined by M.G.L. c.40A, §9A; 3. Adult Paraphernalia Store, asdefined by M.G.L. c.40A, §9A; 4. Adult Video Store, as defined by M.G.L. c.40A, §9A; 5. Establishment which displays live nudity forits patrons, as defined by M.G.L. c.40A, §9A. 6. Tattoo Establishment/Body Art Establishment – A location, place or business where the practices of body art are performed either for profit or not for profit and as further defined by the Dennis Board of Health Regulations. 126.96.36.199 AdultEntertainmen t Uses by Special Permit Adult entertainment uses shall be prohibited in all zoning districts except in theIndustrial Zone and may be permitted in the Industrial Zone only upon the grant of a special permit by the Zoning Board of Appeals notwithstanding the provisions of §§ 188.8.131.52 and 184.108.40.206. Such a special permit shall not be granted unless each of the following standards has been met. 1. The application for a special permit for an adult use shall provide the name and address of the legal owner of the establishment, the legal owner of the property, and the manager of the proposed establishment. 2. No adult use special permit shall be issued to any person convicted of violating the provisions of M.G.L. Chapter 119,§60 or M.G.L. Chapter 272, §28. 3. Adult uses shall not be located within: a. 500 feet from the nearest residential zoningdistrict or residential dwelling; or b. 500 feet from the nearest church, school, park , playground, play field, youth center, Cape Cod Rail Trail or other location where groups of minors regularly congregate; or c. 300 feet from the nearest adult entera tinment use as defined herein; or d. 300 feet from the nearest establishment under M.G.L. Chapter 138, §12. 4. All building openings, entries and windows shal l be screened in such a manner as to prevent visual access to the interior of the establishment from the exterior. 5. No adult use shall be allowed to display fo r advertisement or other purpose an signs, placards or other like materials to the generalpublic on the exterior of the building or on the interior where the same may be seen through glass or other like transparent material any sexually explicit figures or words asdefined in M.G.L. Chapter 272, §31. 6. No adult use shall be allowed to disseminate or offer to disseminate adult matter or paraphernalia to minors or suffer minors toview displays or linger on the premises. 7. No adult use shall be allowed within a bu ilding containing other retail, consumer or residential uses. 8. No adult use shall be allowed withina shopping center, shopping plaza or mall. 20 9. The proposed adult entertainment use shall comply with the off-street parking requirements set forth in §3.1. 10. No adult entertainment use shall have any flashing lights visible from outside the establishment. 11. No adult entertainment use shall be established prior to the submission and approval of a site plan by the Planning Board as set forth inSection 4.1.2, excluding sections 220.127.116.11 and 18.104.22.168. The site plan shall depict all existing and proposed buildings, parking spaces, driveways, service areas and other open uses. The site plan shall show the distance between the proposed adult entertainment use and the boundary of the nearest residential zoning district and the property line of each of the uses set forth in §22.214.171.124.3. 12. Tattoo Establishments and Body Art Establishments shall provide, as part of the special permit review, proof of Board ofHealth Review and Certification that the facility complies with all Board of Health regulations. Failure to provide such evidence shall be considered grounds for denial of the Special Permit. The revocation of the Board of Health Certification shall be deemed grounds for revocationof the Special Permit. 126.96.36.199 Conditions The special permit granting authority may impose reas onable conditions,safeguards and limitations on time or use of any special permit granted and shall require that any such special permit granted shall be personal to the applicant, shall not run with the land and shallexpire upon sale or transfer of the subject property. 188.8.131.52 Expiration A special permit to conduct an adult entertainment us e shall expire after a peri od of three calendar years from its date of issuance and shall be automatically renewable for successive three-year periods thereafter, provided that a written request for such renewal is madeto the special permit granting authority prior to said expiration, that there are no existing zoning violations and that no objection to said renewal is made and sustained by the special permit granting authority based upon the public safety factors applied at the time that the original special permit was granted. 184.108.40.206 Retroactive application Each adult use in existence upon the effective date of this section shall apply for an adult use special permit within 90 days of the adoption of this By-Law. 220.127.116.11 Severability The provisions of this section 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. 2.2.7 On parcels less than 5 acres, the sale of produce accessory to a residential use in an R-60, R-40, or RR District shall be restricted to the sale of such produce grown on the premises by the resident of the premises and fish caught by a resident of the premises. 2.2.8 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 activ ities are necessary in connection with scientific research or scientific development, or related production, may be permitted upon the issuance of a special permit provided the Board of Appeals finds that the proposed accessory uses do not substantially derogate from the public good. 21 2.2.9 Uses customarily accessory to a residence shall include the occasional sale of used household goods, a motor vehicle, or a boat of a resident. 2.3 INTENSIRTYEGULATIONS 2.3.1 General Buildings or structures shall be erected or used and premises shall be used only as set forth in the Section 2.3 Intensity Regulations, except as exempted by Section 2.4 or by statute. 22 6 6 6 HESIGOHRTIES 2½2½natural grade natural exclusiveoflruofe of roof exclusive of roofive of roof natural grade 35 feet abo3v5e feet above 35 feet above MAXIMUM 4 4 5, 6 4 4 5, 6 5, 6 COV %EOAFGLOT 25 25 70 70 “ 70 “ 2 2 50 50 50 SIDE ft. REAR ft. TOTAL S50E 50 35 1,3 tion 8 See Section 8 See Section 8 NA See Section 8 ft. 75 50 75 23 WIDTH ft. FRONT 200 150 150 FRONTfA t.GE 100 100 200100 100200 75 15075 50 50 60 100 60 15 200 15 75 50 MINIMUM LOT REQUIREMENTS allowed Not MINIMUM YARD SETBACKS Sq.Ft. 60,00e200ctio2n1200,230c5io25f,0er0i+0v0r00unif.ver 3 40,2001507540,0040,00,00,00,300ct10508 200300253502501500 203 01015510155101500101055105ee0Se350 50 25 25 25 2.3.2 IntensitofUEsLSIIIG-tlrQIItrcIRIPtDrDIsIraIRRP-0AOIiErrUttsretsOTPERIMROROETHGnRDPiIrinsIsrCGtsRiIsIttrIstistsNrCtPRU&RBES See Section Footnotes for 2.3.2: 1Any structure having frontage on more than one street (i.e. corner lot, etc.) shall be set back from all streets a distance equal to the front yard setback requirement for the district. 2Where the rear lot line of a lot in a GC-I or Industrial District abuts a residentially zoned district, the rear yard setback shall be fifty (50) feet and shall conform to the standards set forth in Section 2.2.4. 3Where a lot is abutted at its street frontage by two (2) lots, each with existing buildings, the front yard setback requirement shall be determined by computing the numerical average of the existing front yard setbacks of those two abutting lots. Where a lot is abutted at its street frontage by two (2) lots, one (1) of which has an existing building, and one (1) of which is a vacant lot, the front yard setback requirement shall be determined by computing the numerical average of the existing front yard setback on the built- upon lot and the required front yard setback for the zoning district. In no case shall the setback requirement be greater than the front setback for the Zoning District. 4 Building Coverage Only – the percentage of the lot area, exclusive of wetland area, covered by 5he area of a building or building(s), refer to §5.B for definition of building. Maximum total site coverage in the QNCP RP District shall be calculated by adding the square footage of the footprint of all structures, pools, patios, decks, parking, driveways (including gravel dirt or seashell) pavement, including street access drive, and “hardscape” including retaining walls and landscaping walls, but excluding walks, and divd iing the total square feet thereby obtained by 6he total lot area in square feet. Except as modified in Section 18.104.22.168.3.3 relative to land in the Quivet Neck/Crowe’s Pasture Scenic Vista Overlay District. 2.3.3 Supplementary Requirements 22.214.171.124 (Reserved) 126.96.36.199 Dwelling unit – two shall contain not less than twelve hundred (1200) square feet gross floor area. 188.8.131.52 No building shall exceed thirty-five (35) feet in height, except that spires, water tanks, chimneys, flag poles, and other structures norma lly built above the ridge and not devoted to human occupancy may be erected to such height s that are necessary to accomplish the purpose they are normally intended to serve. 184.108.40.206 No fence, wall, hedge, shrubbery, or other obstruction shall block vision of a public or private way two and one-half (2½) feet above street grade on a corner lot within a triangular area formed by the intersecting street lines and a stra ight line which joins points on such street lines twenty (20) feet from their intersection. 220.127.116.11 No structure other than a ramp, road way, drive, walk, stairway, seawall, dock or boathouse shall be located within fifty (50) feet of the top of the bank of any river or stream having a year-round running flow of water, of any lake or pond containing one thousand (1000) square feet or more of water eleven (11) months of the year, coastal bank, or mean high water. 18.104.22.168 Accessory Structures a. A single accessory building with a footprint of 120 square feet or less: i. Shall not be located forward of the front face of the principal structure whose front face is seventy-five (75) feet or less from the street line. For corner lots the 24 front face shall be determined by the street from which the property gains its street address; ii. Shall not be placed less than seventy-five (75) feet from the street line when the front face of the principal structure is more than 75 feet from the street line. iii. May be located within other setback areas in accordance with Section 2.3.2 provided no portion of the accessory building is located within two (2) feet of any lot line, and subject to appropriate screening requirements as determined by the Building Commissioner; iv. Shall not be included in calculating: (a) maximum total site coverage under Section 2.3.2 (Intensity of Use Schedule); and (b) floor space under Section 22.214.171.124.D (Non-Conforming Conditions); and v. Shall not be erected without a Zoning Compliance Certificate from the Building Department and is subject to all fees in accordance with the Building Department Fee Schedule. b. All other accessory structures: i. Shall be located in conformance with the required setbacks as found in Section 2.3.2 of this by-law; ii. Shall be included in calculating (a) maximum total site coverage under Section 2.3.2 (Intensity of Use Schedule); and (b) floor space under Section 126.96.36.199.D (Non-Conforming Conditions); iii. Shall not be placed forward of any face of the principal structure which is seventy-five (75) feet or less from the street line; and iv. Shall not be placed less than seventy-five (75) feet from the street line when the principal structure is more than 75 feet from the street line. 188.8.131.52 In order to comply with the minimum square foot requirement, a lot must be a closed plot of land having a definite area and perimete r and having a shape number not exceeding the numerical value of 22, except that a lot may have a shape number larger than 22 provided that the site intended for building, is c ontained within a portion of said lot, which said portion meets the zoning requirements of the area in which it is located and has a shape number not exceeding 22. Ninety (90) percent of the required zoning area of such lot shall be contiguous upland. 184.108.40.206 Any panhandle lot shall have at least fifty (50) feet of frontage on a street or way. The panhandle portion of the lot shall be no less than thirty-five (35) feet in width, except such a width of 20 feet if shown on a plan endorsed by the Planning Board, prior to May 4, 1999 shall be exempt from this provision. Panhandle lots shall only be allowed for residential uses. 220.127.116.11 No more than two (2) panhandle portions of any two lots governed by Section 18.104.22.168 may be contiguous at the street line. Any panha ndle lot existing prior to the adoption of this amendment, May 4, 1999, shall be exempt from this provision. 22.214.171.124 An animal kennel shall not be located within 100 feet of a lot line. The 100-foot setback shall apply to the kennel’s principal building(s), accessory building(s), runs and exercise yards. 126.96.36.199 No construction or site preparation work shall be done on any land including the removal of living trees of greater than four (4) inch caliper, measured six (6) inches above grade or the removal of greater than ten percent (10%) of existing vegetation until all necessary permits and approvals have been obtained. 25 This section shall not prohibit site work reasona bly necessary for conducting land survey or tests required as a condition precedent to the issuance of any permit or approval. If after obtaining all necessary permits and approvals, such work is commenced and then abandoned, all areas of the site which were disturbed during construction or site preparation shall be re-vegetated in a manner sufficient to avoid erosion. Section 188.8.131.52 Within the QNCPRPD lot size shall be determined in the following manner: 184.108.40.206.1The Quivet Neck/Crowe’s Pasture Resource Protection District is defined as containing three water quality protection areas. Within each of these areas, the level of protection is further refined based upon a study conducted for the town by the Pilgrim Resource Conservation and Development Area Council. The study identified a variety of soil limitations for development. These soil limitations include depth to groundwater, permeability and erodibility of soils. These soil limitations and the water quality areas are incorporated into the Dennis Zoning By-law as illustrated on Quivet Neck/Crowe’s Pasture Zoning Map Inset 1 Soil Limitations and the Quivet Neck/Crowe’s Pasture Zoning Inset Map 2 Water Recharge Areas. 220.127.116.11.2 Lots Within Multiple Resource Areas or Zoning Districts: Whenever a lot contains portions of multiple resource protection areas or zoning districts, the lot shall be governed by the provisions of the stricter protection area or zoning district unless the lot meets all of the following requirements: * 51% of the lot land area is within a less restricted zone and * The building, septic system, site access and all other site alterations are located within the less restricted area or zoning district and * The land within the more restricted area or zoning district shall only be used to meet the site requirements for land area left in its natural state (Section 4.7.1 herein). 18.104.22.168.3 Land to be Excluded from Lot Size De termination: Ninety (90) percent of the required minimum lot size shall be contiguous upland. For the purposes of this section contiguous upland area shall be delineated as a con tiguous tract of land other than land classified under the Dennis Wetlands Bylaw (and accompanyi ng regulations) and the Wetlands Protection Act (MGL CH 131s40 and 310CMR10:00). Prior to subdivision of any tract of land the delineation of the wetland areas shall be review ed and subject to approval by the Dennis Conservation Commission as required in the Denni s Subdivision Rules and Regulations Section 3.C.2.A.i.3. 22.214.171.124.4Minimum lot requirements for the QNCPRPD. These minimum lot requirements recognize surface water recharge areas (Zoning Map Inset 2 Water Recharge Areas), soils characteristics and depth to groundwater (Zoning Map Inset 1 Soil Limitations). Protecting surface water quality will serve to protect and maintain the health and sustainability of the QNCPRPD natural resources. Three surface water recharge areas are recognized within the QNCPRPD. The Coles Pond Recharge Area is the most sensitive, the Quivett Creek recharge area is highly sensitive, with the Cape Cod Bay recharge area being less sensitive to landform alterations. Controlling factors that impact surface water quality are soils characteristics and depth to groundwater. Upland areas within the QNCPRPD are dominated by sandy and/or sandy loam soils types. The distinguishing characteristic within each of the three water recharge areas is the depth to groundwater. Surface Water Recharge Minimum Lot Size Minimum Lot Size Adjusted for 5 feet or less Depth to Groundwater 26 Quivet Creek Recharge 100,000 sf 120,000 sf Protection Area Coles Pond and Little Coles 120,000 sf 160,000 sf Pond Cape Cod Bay 80,000 sf 100,000 sf 2.3.4 Special Cases 126.96.36.199 General for all Zoning Districts 188.8.131.52a. Where no street line has been establishe d or can be readily determined, such line shall be assumed to be twenty-five (25) feet from th e center of the traveled roadway for the purpose of applying these regulations. 184.108.40.206.b An area not less than ten (10) feet in width measured from and perpendicular to the lot line around the perimeter of the lot shall be landscap ed with grass, trees, shrubs or other plants. Portions of this area may be paved for pedestrian and vehicular access but at no time shall the pedestrian and/or vehicular access be located within 10 feet of the side property lines. However in Commercial Zones, a driveway for vehicle and pedestrian access may be provided from one lot to another. Incidental accessories such as signs, ligh ting and irrigation systems may be installed as needed. The requirements of this Section sh all not apply to the panhandle portion of valid panhandle lots, recorded or shown on a plan endorsed by the Planning Board, in existence prior to May 4, 1999. 220.127.116.11 a. In R60, R40, RR, LB GCII and GCIII Zoning Districts: Two (2) or more principal residential structures may be erected on the same lot, provided the minimum lot area, width and frontage shall be the sum of the requirements for each principal residential structure for the district in which the lot is located and provided further that the minimum distance between said buildings shall be thirty (30) feet, all the requirements of §2.3.2, Intensity and Use Schedule, are met, and site plan review is obtained pursuant to Section 4.1.1. b. In LB, GC II and GCIII, I and EB District s: Two (2) or more non-residential structur
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