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As amended through October 2009 Effective December 6, 1993 and includes amendments and changes as follows: Bylaw adopted 1954; totally amended 1957; additional amendments 1958, 1959, 1961, 1962, 1963, 1964, 1965; totally amended 1969; additional amendments 1970, 1971. 1972, 1973, 1974, 1975, 1976, 1977, 1978, 1979, 1980, 1981, 1982, 1983, 1984, 1985, 1986; totall y amended 1987; additional amendments 1988, 1989, 1990, 1991, 1992, 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001, 2004, 2005, 2007, 2008, 2009 ATM Reprinted 2009. Attest: Julie Smith Town Clerk ATM denotes Annual Town Meeting STM denotes Special Town Meeting TABLE OF CONTENTS SECTION I GENERAL PROVISIONS 1 A. Authority Page 1 B. Purpose and Intent Page 1 C. Applicability Page 1 SECTION II DEFINITIONS Page 2 SECTION III DISTRICT REGULATIONS A. Type of Districts Page 14 B. Location of Districts Page 14 C. District Use Regulations Page 14 1. R60, R40, R40A (5/16/01 ATM), R30, R20 – Residential Districts Page 14 2. R20A Residential (Apartment) District Page 15 3. SB Small Business District Page 16 4. GB General Business Districts GB1, GB2, GB3 Page 16 5. I Industrial District Page 18 6. RC3 Residence Seashore Conservancy District Page 18 7. M Municipal District Page 20 8. M/C Municipal Conservancy District Page 20 D. District Area Regulations Page 20 1. General Requirements Page 20 2. Schedule of Dimensional Requirements Page 21 3. Specific Requirements Page 21 SECTION IV OVERLAY REGULATIONS Page 24 A. Conservancy Districts Page 24 1. Purpose Page 24 2. Permitted Uses Page 24 3. Special Permit Uses Page 25 4. Prohibited Uses Page 26 5. Location Page 27 6. Procedures Page 27 B. Flood Plain District Page 31 1. Purpose Page 31 2. Definitions Page 31 3. District Location Page 32 4. Development Regulations Page 32 5. Administration Page 34 C. Water Resource Protection District Page 36 1. Purpose Page 36 2. Definitions Page 36 3. Location Page 36 4. Permitted Uses Page 37 5. Prohibited Uses Page 37 D. Flexible Development District Page 39 1. Purpose Page 39 2. Procedure Page 39 3. Location Page 39 SECTION V NONCONFORMING LOTS, BUILDINGS AND USES A. Abandonment Page 41 B. Enlargement, Extension or Change Page 41 C. Restoration or Repair Page 42 D. Nonconforming Lots Page 42 1. Single lots Page 42 2. Two (2) or three (3) adjoining lots Page 42 3. Subdivision and Approval Not Required Plans Page 43 4. Single Family Dwelling Lots Prior to January 1, 1987 Page 43 5. Single Family Dwelling Lots After January 1, 1987Page 43 E. Nonconforming Lot due to Road Taking Page 44 SECTION VI SUPPLEMENTARY REGULATIONS A. Site Plan Review Page 45 1. Applicability Page 45 2. Application Procedure and Site Plan Content Page 45 3. Planning Board Action Page 49 4. Application Fee Page 49 5. Bonding and Inspection Page 49 B. Parking Requirements Page 49 1. Objectives Page 49 2. Applicability Page 50 3. Design Criteria Page 50 4. Location Page 51 5. Special Permit Provision Page 51 6. Required Spaces Page 51 7. Exceptions Page 52 8. Handicapped Parking Page 53 C. Off-Street Loading Requirements Page 53 1. Applicability Page 53 2. Design Criteria Page 53 D. Open Space Residential Development (OSRD) Page 54 1. Purpose and Intent Page 54 2. Applicability Page 54 3. Rules and Regulations Page 54 SECTION VII SPECIAL REGULATIONS A. General Standards Page 62 B. Specific Standards Page 62 1. Adult Use Establishment Page 62 1-1 Affordable Apartment Incidental to a Single Family Dwelling Page 62 2.1 Affordable Dwelling Units, Mandatory Provision Page 65 3. Antique Shop, Art Gallery or Gift Shop Page 68 4. Apartment, Incidental to a Commercial Use and Industrial Use Page 68 5. Boarding or Rooming House, Tourist Home Page 69 6. Conversion of Existing Dwelling to Multiple-Family Dwelling Page 69 7. Conversion of Public Lodgings to Condominiums Page 70 8. Conversion of Cottage Colony to Single Family Dwelling Use Page 70 9. Conversion of Cottage Colony to Condominiums Page 70 10. Conversion of Nonconforming Seasonal Dwelling to Year-round Use Page 71 11. Dormitory Page 71 11.1 Group Dwelling Page 72 12. Guest House Page 72 13. Home Occupation Page 72 14. Hotel, Motel, Inn Page 73 15. Multi-Family Dwelling (New Construction) Page 73 16. Restaurant, Lunch Room, Bar, Tavern, Fast-food or Takeout Restaurant Page 74 17. Tent Trailer, Camping Vehicle, Mobile Home Page 75 18. Independent Living Facility and/or Congregate Living Facility Page 75 SECTION VIII ADMINISTRATION A. Enforcement Page 77 B. Building Permit Procedures Page 77 C. Special Permit Procedures Page 77 1. Special Permit Granting Authority Page 77 2. Designated Review Body Page 77 3. Public Hearing Page 78 4. Criteria Page 78 5. Conditions Page 79 D. Zoning Board of Appeals Page 79 1. Establishment Page 79 2. Powers Page 79 3. Procedures Page 80 4. Special Provisions: RC3 (Residence Seashore Conservancy District) Page 80 E. Penalty Page 80 F. Non-Interference Page 80 G. Separability Page 80 H. Amendment Page 80 APPENDIX I SCHEDULE OF USE REGULATIONS Page 81 APPENDIX II SCHEDULE OF DIMENSIONAL REQUIREMENTS Page 84 SECTION I GENERAL PROVISIONS A. Authority This Zoning Bylaw is adopted pursuant to Chapter 40A, 40B and 41 of the Massachuset ts General Law as amended. B. Purpose and Intent The purpose of this Bylaw is to manage growth and development in the Town so as to insure the appropriate use of land, encouraging those qualities which distinguish Chatham as a desirable community for year-round and seas onal residence, commerce, tourism and recreation including: - health, welfare and quality of life; - safety from fire, flood and other dangers; - provisions of adequate light, clean air, adequate public and private water supply, effective sewage and solid waster disposal, transportation and parking, schools, parks and open space, public access to waterways, and other public service requirements; - provisions of housing for persons of all income levels; - prevention of overcrowding of land, undue conc entration of population, traffic congestion, blight and pollution of the environment; - preservation of the value of land and buildings; - protection of natural resources, particularly beaches, dunes, wetlands, fresh and saltwater ponds, inlets, harbors and bays; - preservation for the citizens of their right to their customary means of earning a living; - preservation for present and future inhabitants of Chatham of the natural, architectural and historic assets of the community. C. Applicability All building or structures hereafter erected, altered, reconstructed, demolished, enlarged or moved, or use of the premises in the Town shall be in conformity with the provisions of this Bylaw. No building, structure, land or water area shall be used for any purpose or in any manner other than as permitted within the district in which such building, structure, land or water area is located. Any use not specifically enumerated in a district herein shall be deemed to be prohibited except that the Zoning Board of Appeals, may, upon application for a Special Permit, determine whether a use not specifically listed as a permitted use in any district should be authorized. In making this determination the Zoning Board of Appeals shall consider whether the proposed use is substantially different in size, operations, impacts, and other proposed characteristics from uses permitted in the same district. If the proposed use is found to be similar to permitted uses specifically listed in the district, the Zoning Board of Appeals may authorize a Special Permit to locate the use in the district. SECTION I GENERAL PROVISIONS 1 Printed May 2010 SECTION II DEFINITIONS A. Except where specifically defined herein, all words in this Bylaw carry their customary meanings. Words used in the present tense include the future, and the singular includes the plural; the word "lot" includes "plot"; the word "structure" includes "building"; the word "shall" is mandatory; "occupied" or "used" are considered as though followed by "or intended, arranged or designed to be used or occupied" ; "person" includes individual, partnership, association, corporation, company or entity. B. When used in this Bylaw, unless otherwise expressly stated, or unless the context or subject matter otherwise requires: 1. “ACCESSORY USE OR BUILDING” means a use or building customarily subordinate to the principal use or building located on the same lot except as provided in Footnote 3 of Appendix I. (5/14/90 ATM) 2. “ADULT USE ESTABLISHMENT” shall be defined as follows: “ADULT LIVE ENTERTAINMENT ESTABLISHMENT” means an establishment which features live entertainment which consists of entertainers engaging in sexual conduct or nudity as defined in Section thirty-one of Chapter two hundred and seventy- two of the General Laws of the Commonwealth of Massachusetts (M.G.L., Ch.272, Sect.31). “ADULT MOTION PICTURE THEATER” means a place of assembly either inside of or outside of an enclosed building which is used for presenting material distinguished by an emphasis on matter depicting, describing or relating to sexual conduct or sexual excitement as defined in Section thirty-one of Chapter two hundred and seventy-two of the General Laws of the Commonwealth of Massachusetts (M.G.L., Ch.272, Sect.31). “ADULT STORE OR BOOKSTORE” means an establishment having as a substantial or significant portion of its stock in trade, printer matter, books, magazines, motion picture films, video cassettes or other matter for sale, rental, lease or barter which are distinguished or characterized by their em phasis depicting, describing or relating to sexual conduct or sexual excitement as def ined in Section thirty-one of Chapter two hundred and seventy-two of the General Laws of the Commonwealth of Massachusetts (M.G.L., Ch.272, Sect.31). (5/11/98 ATM) 3. “AFFORDABLE” used in reference to dwelling units means intended for rental or sale to low or moderate income people and in conformance with the requirements of this Bylaw in regard to price and income level of tenant(s). 4. “AFFORDABLE APARTMENT INCIDENTAL TO A SINGLE FAMILY DWELLING” means a dwelling unit subordinate to a one-family dwelling approved on the condition that the requirements of this Bylaw are met for affordable price and income eligible tenants. SECTION II DEFINITIONS (5/01) 2 Printed May 2010 5. “AFFORDABLE PRICE” used in reference to a dwelling unit, means a monthly rent or mortgage payment which does not exceed thirty (30) percent of the gross monthly income of a household whose income is seventy (70) percent of the median income for Barnstable County as reported by the United States Department of Housing and Urban Development (HUD). 6. “AGRICUITURAL USE” means the commercial raising of agricultural crops and/or livestock, horticultural and floricultural products, except where such is an accessory garden to a principal residential use on the same lot. The term includes necessary structures and storage of equipment used on the premises. 7. “ANIMAL HOSPITAL” means a place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to hospital use. 8. “APARTMENT” means a separate dwelling unit being one (1) of two (2) or more in a single building, including separate kitchen facilities and separate bath for each unit, designed and used for occupancy on the basis of rental of not less than two weeks. 9. “APARTMENT, INCIDENTAL TO A COMMERCIAL USE” means a dwelling unit located either within a commercial structure, or on a commercial lot where at least fifty-one (51) percent of the total floor area of the building(s) above finish grade is utilized for commercial purposes. 10. “BANK, COASTAL” means the seaward face or side of any elevated landform, other than a coastal dune, which lies at the landward edge of a coastal beach, land subject to tidal action or flooding, or other coastal wetland. 11. “BANK, COASTAL, TOP OF” means the upper boundary of a bank, or the first major break in the face of the bank, any minor disc ontinuity notwithstanding, above the relevant one hundred (100) year flood plain elevation, or the point above the one hundred (100) year flood plain elevation where the incline of the landform becomes less than 4:1. (5/10/99 ATM ) 12. “BANK, INLAND” means a landform which normally abuts and confines a water body. It occurs between a water body and a vegetated bordering wetland and adjacent flood plain or, in the absence of these, it occurs between the water body and an upland. 13. “BANK, INLAND, TOP OF” means the upper boundary of a bank or the first major break in the face of the bank, any minor discontinuity notwithstanding, higher than the two (2) feet above the Natural High Water Mark of a fresh water body or the poin t above this elevation where the incline of the landform becomes less than 4:1. (5/10/99 ATM) 14. “BAR” or “TAVERN” means a business establishment licensed to serve alcoholic beverages and designed primarily for the consum ption of such alcoholic beverages on the premises, irrespective of whether or not food and/or entertainment are also provided as complementary attractions. 14a. “BARN” means a structure used or intended to be used for the storage of animals, farm equipment or other chattel. (10/24/89 STM). SECTION II DEFINITIONS (5/01) 3 Printed May 2010 15. “BOATHOUSE” means a structure used for the storage of recreational vessels and associated equipment and which is located within one hundred (100) feet of Mean High Water (MHW) or the Natural High Water Mark. (5/10/99 ATM) 16. “BOATYARD” means a commercial facility whose primary function is for the construction, repair, and maintenance of boats and may include provisions for boat storage and docking. (10/9/97 STM) 17. “BOARDING OR ROOMING HOUSE” means a dwelling or part thereof, in which rental living quarters are provided with or without meals by the owner occupant for a limited number of lodgers according to the requirements of the specific zoning district. The term shall not include "tourist homes" or "bed and breakfast's" which provide transient accommodations to overnight guests for a fee. 18. “BUFFER STRIP” means a land area used to separate one (1) use from another or to shield or block noise, lights or other nuisances. 19. “BUILDING” means any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or chattel. 20. “BUILDING AREA” means the total ground floor area as measured on a horizontal plane at the main grade level between exterior faces of walls of the principal building and all buildings exclusive of decks, terraces and steps. 21. “BUILDING COVERAGE” means the buildable upland portion of a lot which is covered by buildings, including porches but excluding parking areas, pools, decks and any other permanent structures which do not have roofs. 22. “BUILDING HEIGHT” means the vertical distance measured from the grade plane to the highest point of a structure or roof surface. Height limitations shall not apply to television antennas, chimneys, spires, cupolas or extens ions of structures normally carried above roof lines and which are strictly ornamental in nature. (10/9/97 STM) 23. “BUILDING PERMIT” means a document of authorization to construct, repair, alter, demolish, enlarge or change any structure. 24. “BUSINESS VEHICLE” means a vehicle equipped with any business appurtenances, including non-removable signs, or a specializ ed vehicle meant for use in a business. (5/11/98 ATM) 25. “CAMPING VEHICLE” means a vehicular structure without permanent foundation which can be towed, hauled or driven, and is primarily designed for temporary living accommodations for recreation, camping and/or travel use. 26. “CATWALK” means an elevated structure, usually located within a Conservancy District, used as a pedestrian walkway to traverse fresh or salt meadow, marsh, meadow bank, dune or beach. The term shall include PLANK WALK. (5/12/97 ATM) SECTION II DEFINITIONS (5/01) 4 Printed May 2010 27. “CHANGE OF USE” means the establishment in an existing commercial or industrial space of a business from a different use category than the existing business; the establishment in an existing commercial or industrial space of a business with a larger customer area than the existing business; or the establishment in an existing commercial or industrial space of a business which the Zoning Officer determines ma y require more parking than the existing business. (5/10/99 ATM) 28. “CLUB, PRIVATE NOT FOR PROFIT” means an organization catering exclusively to members and their guests, or premises and buildings for recreational, social and/or fraternal purposes, which are not conducted pr imarily for gain, providing there are no vending stands, merchandising or commercial activities except as required generally for the membership and purposes of such club. There shall be no sleeping accommodations provided for members or their guests. Sleepi ng accommodations for club employees may be allowed by Special Permit. 29. “COMMERCIAL ENTERTAINMENT ESTABLISHMENT” means places of amusement or assembly including but not limited to theaters, bowling alleys, dance halls, skating rinks, etc. 30. “CONGREGATE LIVING FACILITY” means a non-institutional, shared living environment which integrates shelter and service needs of f unctionally impaired and/or socially isolated persons who are otherwise in good health and can maintain a semi-independent life style and who do not require constant supervision or intensive health care as provided by an institution. Each resident shall have an individual bedroom and may have a separate living room, kitchen, dining area or bathroom and may share living, dining, and bathroom facilities with other residents, such as in a common dining facility. (10/9/97 STM 31. “CONDOMINIUM” means land, buildings, structures, and/or all easements, rights and appurtenances belonging thereto which have been submitted to the provisions of Chapter 183A of the Massachusetts General Laws. 32. “CONDOMINIUM HOTEL/MOTEL” means a condominium operated as a hotel in which each room or unit is individually owned and in which the units are available to transients for rent. 33. “COTTAGE COLONY” means a group of two (2) or more detached rental dwellings located on a parcel of land under one (1) ownership, used seasonally. 34. “CUL-DE-SAC” means a way which commences at a through street and terminates at a turnaround. 35. “DORMITORY” means a building used as living quarters for a group of six (6) or more unrelated individuals. 35a. “DWELLING GROUP” means a one-family dwelling used a living quarters for a group of not more than five (5) unrelated individuals. 36. “DWELLING, MULTIPLE-FAMILY” means a building housing two (2) or more dwelling units used as living quarters by two (2) or more families independently of each other. 37. “DWELLING, ONE-FAMILY” means a building housing a single dwelling unit designed to be used as living quarters by one (1) family. SECTION II DEFINITIONS (5/01) 5 Printed May 2010 38. “DWELLING UNIT” means one (1) or more rooms designed to be used as separate living quarters, with cooking, sleeping and sanitary facilities for one (1) family. 39. “DWELLING UNIT, SECONDARY” In the RC3 Residence Seashore Conservancy zoning district, a one-family dwelling which existed in the district on January 1, 2008 and which is now utilized as one-family dwelling subordinate to the land owner’s principal one- fam(il/dT/08lling. ) 40. “FAMILY” means one (1) or more individuals occupying a dwelling unit and living as a single household unit. 41. “FISHING USE” means the use of land or structures for the storage of commercial fishing vessels and equipment (including lobster traps), shellfish opening (including scallop shanties), and aquaculture. 42. “FLEXIBLE MULTIPLE-FAMILY DEVELOPMENT” means a residential project approved by the Planning Board in which apartments and/or apartments incidental to a commercial use are permitted. 43. “FLOOD” means a general and temporary condition of partial or complete inundation of normally dry land areas from overflow of inland or tidal waters and/or unusual accumulation of run-off of surface waters. 44. “FORMULA BUSINESS ESTABLISHMENT” means a business which does or is required by contractual or other arrangement or as a franchise to maintain two (2) or more of the following items: standardized (Formula) array of services and/or merchandise including menu, trademark, logo, service mark, sym bol, décor, architecture, façade, layout, uniforms, color scheme, and which are utilized by ten (10) or more other businesses worldwide regardless of ownership or location. (9/30/09 STM ) 45. “FLOOD HAZARD AREA” means the land in the flood plain subject to a one percent (1%) or greater chance of flooding in any given year. It includes those areas shown on the Flood Insurance Rate maps (dated January 1998) prepared by the Federal Emergency Management Agency as Zones A. AO, AH, A1-A30, A99, V and V1-V30. (5/11/98 ATM) 46. “GARAGE” means a structure used or intended to be used for the parking and storage of vehicles. (10/24/89 STM) 46a. “GARAGE, PRIVATE RESIDENTIAL” means a structure which is accessory to a residential building and which is used for the parking and storage of vehicles or other chattel owned by the residents thereof, and which is not a separate commercial enterprise available to the general public. (10/24/89 STM) 46b. “GARAGE/PARKING LOT, COMMERCIAL” means a structure or designated area used for the parking and storage of vehicles which is operated as a business and open to the public for a fee. (10/24/89 STM). 47. “GASOLINE STATION” means any area of land, including structures thereon, that is used or designated to be used for the retail sale of gasoline or oil or other fuel for the propulsion of motor vehicles, and which may in clude facilities for cleaning or servicing such motor vehicles, but not including painting or body repairs. SECTION II DEFINITIONS (5/01) 6 Printed May 2010 48. “GRADE PLANE” means a reference plane representing the average of finished ground levels adjoining a building or structure at all exterior walls. Where the finished ground slopes away from the exterior walls, the reference plane shall be established by averaging the lowest points within the area between the building and the lot line or, where the lot line is more than twenty (20) feet from the building at a point twenty (20) feet from the building. (10/9/97 STM) 49. “GREEN AREA” means an open area of grass, trees, shrubs or other plantings. 50. “GUEST HOUSE” means a subordinate dwelling unit located on the same lot as a principal one-family dwelling , owned and maintained by the owner of the principal dwelling. 51. “HEAVY EQUIPMENT” means any vehicles, truck, tractor, loader, or lifting device with a rated carrying/lifting capacity of greater than a ton or a gross vehicle weight (GVW) of 10,000 lbs. or greater. (12/6/93 STM ) 52. “HOME OCCUPATION” means an occupation or profession conducted in a residential zone as an accessory use in a dwelling (or accessory building) by a principal resident. The use shall be clearly secondary to the use of the land for residential purposes and not change the character of the neighborhood. Home occupations may not include the operation of a retail store, the display to the passing public of goods, or the storage of heavy equipment on the premises. 53. “HOSPITAL” means an institution providing prim ary health services and medical or surgical care to persons, primarily in-patient s, suffering from illness, disease, injury and other abnormal physical or mental conditions, and including related facilities such as laboratories, outpatient or training facilities. 54. “HOTEL-INN” means a building or complex of buildings providing transient lodging, food and other related services. Such buildings shall accommodate rooms for occupancy; rooms may not provide for cooking facilities; such buildings shall provide interior common corridors and stairways which lead to common exits and entrances. 55. “INCOME ELIGIBLE” means that the household income of a person or family does not exceed eighty (80) percent of the median income, adjusted for household size, for Barnstable County as reported by the United States Department of Housing and Urban Development (HUD). 56. “INDEPENDENT LIVING FACILITY” means a facility that provides residential accommodations for senior adults. These residences may include common areas, a common dining facility, and space for provision of social, psychological, and educational programs. Home health care or other community based services may be used on an individual basis. Meals, linen, and housekeeping services may be offered. There may be a maintenance staff, but there is no medical or supervisory staff. (10/9/97 STM) 57. “JUNK YARD” means a lot, land or structure, or part thereof, used primarily for the collecting, storage or sale of waste paper, rags, scrap metal or discarded material; or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition or for the sale of parts thereof. 58. “KENNEL” means an establishment for the raising, boarding, breeding and/or training of dogs. SECTION II DEFINITIONS (5/01) 7 Printed May 2010 59. “LIGHT INDUSTRY AND MANUFACTURING” means any use which involves the processing, assembly, or packaging of previously prepared or refined materials, provided that at no time will such use result in or cause: Excessive dust, smoke, smog, observable gas, fumes or odors, or other atmospheric pollution, objectionable noise, glare, or vibration discernable beyond the property lines of the industry, hazard of fire or explosion or other physical hazard to any adjacent building or land, or to surface or groundwater. The following uses are indicative of those which are intended to be permitted: 1. Manufacture of small machinery. 2. Fabrication of metal, paper or wood products. 3. Boat building or repair. 4. Food and associated industries such as: wholesale bakeries, bottling of food and beverages, and food processing. 5. The warehousing or storage of goods and products such as building materials, farm supplies and the like, which may be sold from the premises to the general public. The bulk storage of nuclear or radioactive products, toxic waste chemicals is specifically excluded from the intent of the above. 6. Scientific or research laboratories devoted to research, design and/or experimentation and processing and fabrication incidental thereto. 7. Other uses which, in the opinion of the Zoning Board of Appeals are similar in nature and scale to those permitted above. 60. “LOADING SPACE” means the area required for loading and unloading of a service vehicle; such space shall be not less than twelve (12) feet in width, thirty-five (35) feet in length and fourteen (14) feet in height. 61. “LOT” means a designated parcel, tract or area of land established by deed, by plan, subdivision, or as otherwise permitted by law. 62. “LOT AREA” means the total area within the property lines of a lot. When used for building purposes, lot area means the contiguous area excluding water bodies, any land below mean high water or within the layout of ways. The panhandle portion of any lot shall not be included in the lot area. 63. “LOT CORNER” means a lot or parcel of land abutting upon two (2) or more streets at their intersection. 64. “LOT COVERAGE” means the buildable upland portion of a lot which is covered by buildings, driveways, parking areas (regardless of surface materials), pools, tennis courts, decks and any other permanent structures. SECTION II DEFINITIONS (5/01) 8 Printed May 2010 65. “LOT FRONTAGE” means a continuous distance measured either along the boundary line of a way or ways on which the lot abuts and to which the owner has a right of access, or along the street setback line. When lot frontage is measured at the setback line, the distance along the way shall not be less than eighty (80) percent of the required frontage. Approved panhandle lots shall be deemed to have the required lot frontage. 66. “LOT, PANHANDLE” means a lot approved by the Planning Board under the Subdivision Control Law which has less than the required frontage on a public or private way. The access to such lot shall be not less than twenty (20) feet in width, and there shall be no more than one (1) panhandle lot in any one (1) tract of land when divided, whether or not said division is a subdivision. 67. “LOT WIDTH” means the distance between the side lines of a lot measured at the setback line. 68. “LUNCH ROOM” means restaurant with a maximum seating capacity of forty (40) people and with no dancing, entertainment or sale of alcoholic beverages, except the serving of beer and wine with meals. 69. “MARINA” means a facility providing for storing, servicing fueling, berthing and securing of ten (10) or more boats, and marine supplies. 70. “MOBILE HOME” means moveable or portable dwelling unit designed and constructed to be towed on its own chassis, comprised of frame and wheels, and designed to be used for residential purposes without a permanent foundation. A trailer or mobile home, when used for dwelling purposes and affixed to land, shall still be considered a mobile home for all purposes of this Bylaw. 71. “MOTEL” means a building or complex of buildings providing transient lodging accommodations with separate outside entranc es for each unit. Rooms may not provide cooking facilities. 72. “NONCONFORMING BUILDING” means a building or structure which does not conform to the requirements for location or dimension of such building or structure in the district in which it is situated as regards minimum setbacks, maximum building height or maximum building coverage. 73. “NONCONFORMING LOT” means a lot of record existing on the effective date of this Bylaw or its applicable amendment, that does not meet the minimum area or dimensions required for a lot in the district in which it is located. 74. “NONCONFORMING USE” means a use of land or structure which does not comply with all regulations for the district(s) in which it is located. 75. “NURSING HOME” means an extended or intermediate care facility licensed or approved to provide convalescent or chronic care to individuals who by reason of advanced age, illness or infirmity are unable to care for themselves. SECTION II DEFINITIONS (5/01) 9 Printed May 2010 76. “OPEN SPACE” means a parcel or area of land or water set aside, dedicated, designated or reserved for public or private use or enjoyment. Within an Open Space Residential Development (OSRD), the term “ OPEN SPACE” shall mean land which is set aside in perpetuity for common open space, recreation, or agriculture, and which is not used for parking, roadways, or leaching/sewer systems except as specified in this Bylaw. All land within the Development which is not included in lots for dwelling units or within roadway layout shall be dedicated as common open space as defined above. In Developments with four (4) or more lots, common open space shall be provided equivalent to at least ten thousand (10,000) square feet per lot and shall contain a minimum of fifty (50) percent buildable upland. 77. “PIER” means an elevated structure located within a Conservancy District, used to access fresh or salt water or traverse fresh or salt meadow, marsh, meadow bank, dune or beach and which extends beyond Mean Low Water (MLW) or beyond the Natural High Water Mark of a fresh water body. (5/12/97 ATM ) 78. “PARKING SPACE” means the area required for parking one (1) vehicle which is held to be a designated and improved area consisting of a compacted, stabilized surface measuring a minimum of nine (9) feet in width and eighteen (18) feet in length, not including any required maneuvering aisle or any way, but having direct access to same. 79. “PERSONAL AND HOUSEHOLD SERVICES” means a business or commercial activity involving primarily the application of a tech nical skill or trade to one's personal or household effects, and not involving primarily the sale of merchandise or stock-in-trade. Personal and household services include but are not limited to laundry and drycleaning establishments, shoe repairs, hairdressers, etc. 80. “PROFESSIONAL OFFICE” means the office or place of business where professional services are offered and does not involve the sale of goods, or the keeping of a stock in trade. Professional offices include but are not limited to doctors, dentists, attorneys, architects, engineers, land surveyors, planners, landscape architects, accountants, real estate brokers, insurance brokers, builders, psychologists and chiropractors. 81. “PUBLIC UTILITY BUILDING OR FACILITY” means a structure, use or land designed and maintained as a public or private utility or service facility which qualifies as a public service corporation under M.G.L. Chapter 40A, Section 3 for the provision of services like gas, electric, telephone, radio, television, water, and sewer or a municipal utility or service facility. (5/11/98 ATM) 82. “RECREATION FACILITY, COMMERCIAL INDOOR” means a commercial facility within a building designed and equipped for the conduct of sports and other leisure time activities as a business and open to the public for a fee. Recreation Facility, Commercial Indoor facilities include athletic clubs, tennis clubs, squash clubs, health and fitness clubs, swim clubs, and similar recreation and fitness activities. (5/14/07 ATM 83. “RECREATION FACILITY, COMMERCIAL OUTDOOR” means a commercial facility wholly or partially open to the weather designed and equipped for the conduct of sports and other leisure time activities as a business and open to the public for a fee. Recreation Facility, Commercial Outdoor facilities include tennis courts, swimming pools, basketball courts, ball fields, golf driv ing ranges, miniature golf courses or similar places of outdoor recreation but do not include motorized vehicle or motorcycle race tracks or horse or dog racing tracks or similar places of outdoor recreation. (5/14/07 ATM) SECTION II DEFINITIONS (5/01) 10 Printed May 2010 84. “RESTAURANT” means a business establishment designed for the preparation and serving of food and beverage primarily on the premises, including seating accommodation for all patrons to be served at any one time. 85. “RESTAURANT, FAST FOOD OR TAKE-OUT” means an establishment for the sale of on-premises, prepared food or drink packaged for take-out, whether for consumption on premises or not, unless such sales are wholly incidental to a conventional restaurant or other use defined in this Bylaw, and including all premises providing in-car service, or window service, or service at two (2) or more take-away stations withi n the building. 86. “RETAIL SALES AND SERVICE” means an establishment engaged in selling goods or merchandise to the general public and rendering services incidental to the sale of such goods. 87. “RETAINING WALL” means a wall designed to resist the lateral displacement of soil or other material. Retaining walls whose exposed faces are oriented toward abutting properties (facing outward) and are greater than seven (7) feet in total height as measured from the bottom of the footing to the highest point of the wall or which have an exposed face exceeding three (3) vertical feet at any point, must meet the setback requirements of Appendix II. Walls-in-series or terraced walls whose exposed faces are oriented toward abutting properties do not qualify for the setback exemption. (5/11/98 ATM) 88. “ROADSIDE STAND” means a structure where fresh produce grown on the premises, such as flowers, fruits and vegetables, may be displayed and sold. 89. “SEASONAL USE” means the use of a lot or structure for one hundred and eighty (180) days or less per year on the average. An applicant may show use for more than one hundred and eighty (180) days per year by provid ing evidence such as utility bills, U.S. Post Office records, sworn affidavits from three abutting year-round residents or other evidence satisfactory to the Zoning Enforcement Officer. 90. “SETBACK LINE” means the required minimum distance from any property line that establishes the area within which the buildings and structures must be located on a lot. 91. “SETBACK, STREET” means the required distance from the street or way upon which a lot has right of access. 92. “SETBACK, ABUTTERS” means the required distance from any abutting property boundary. 93. “SITE PLAN” means a development plan for one (1) or more lots, on which is shown the existing and proposed design and use of the property. 94. “SPECIAL CONDITION USE” means a use which is specifically permitted in a zoning district, provided that it meets the general and individual standards and conditions set forth for that use in Section VII of this Bylaw. 95. “SPECIAL PERMIT USE” means a use which is authorized by the Special Permit Granting Authority after a public hearing, provided that it meets the general and specific standards and conditions set forth in Chapter 40A of Massachusetts General Laws and Section VII of this Bylaw. SECTION II DEFINITIONS (5/01) 11 Printed May 2010 96. “STORY” means that portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above. “Basement” means that portion of a building which has more than one half (½) of its height, measured from finished floor to finished ceiling, above the grade plane of the ground adjoining the building. For purposes of Appendix II of this Bylaw, a basement is not considered to be a story except where the finished surface of the floor above the basement is: 1. More than six (6) feet above the grade plane; 2. More than six (6) feet above the finished ground level for more than fifty (50) percent of the total building perimeter; or 3. More than twelve (12) feet above the finished ground level at any point. “Cellar” means that portion of a building, partly or entirely below grade, which has more than one half (½) of its height, measured from finished floor to finished ceiling, below the grade plane of the ground adjoining the building. A cellar is not considered a story. “Half Story” means the uppermost story with a legally occupiable floor area not exceeding one half (½) the area of the floor next below. 97. “STREET” means a public way; or a private way established by a subdivision plan approved under the provisions of the Subdivision Control Law; or a way in existence when the Subdivision Control Law became effective in the Town which is determined by the Planning Board to have sufficient width, suitable grades, and adequate construction to provide for the needs of vehicular and pedestrian traffic in relation to the proposed use of the land abutting hereto and for the installation of municipal services to serve such land and buildings erected or to be erected thereon. For the purpose of this Bylaw, the terms “STREET”, “ROAD”, and “WAY” bear the same meaning. (5/12/97 ATM ) 98. “STREET LINE” means the line denoting the extent of a street layout, which line separates the street layout and property fronting on such street. 99. “SUBMERGED LANDS” means fresh waters in ponds and salt waters within the territorial limits of the Town, and all submerged lands under ponds and between the mean highwater line and the outermost Town boundary. 100. “STRUCTURE” means any combination of materials assembled or maintained at a location on or in the ground or attached to something located on the ground, including but not limited to buildings, tennis courts, swimming pools, and retaining walls. 101. “SWIMMING POOL” means a pool designed and built for swimming purposes as an accessory use to a principal permitted use, for use primarily by the occupants or tenants of said property. The term includes any permanent under or above-ground pool and any portable pool more than two (2) feet in height or depth and fifteen (15) feet in length or diameter. 102. “TAVERN” (see “BAR”) SECTION II DEFINITIONS (5/01) 12 Printed May 2010 103. “TOURIST HOME” means a building housing a dwelling unit in which overnight rooming accommodations are provided or offered for transient guests for compensation. The term includes "bed and breakfast" and similar transient lodging establishments operated within a residence. 104. “TOWNHOUSE DWELLING” means a one (1) 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 (1) or more fire resistant walls. 105. “UPLAND, BUILDABLE” means a contiguous area of land, exclusive of any land in a Conservancy District as defined herein, and which is not less than four (4) feet above the water table. Groundwater elevations shall be determined by on-site investigations conducted by a licensed engineer or land surveyor, and shall be adjusted for seasonal fluctuations using the U.S.G.S. procedure set forth inEstimating Highest Groundwater Levels for Construction and Land Use Planning - Cape Cod, Massachusetts. 106. “VARIANCE” means a grant of relief from the term s of this Bylaw which is authorized by the Board of Appeals. 107. “WAY” (See “STREET”) 108. “WETLANDS, COASTAL AND INLAND” means those areas that are inundated by surface or ground water with a frequency sufficient to support, and, under normal circumstances, does or would support, a prevalence of vegetative or aquatic life that requires saturated or seasonally saturated soil conditions for growth and reproduction. Wetlands generally include swamps, marshes , bogs and similar areas such as sloughs, potholes (kettle holes), wet meadows, river overflows, mud flats and natural ponds. SECTION II DEFINITIONS (5/01) 13 Printed May 2010 SECTION III DISTRICT REGULATIONS A. Type of Districts For the purpose of this Bylaw, the Town of Chatham is divided into the following basic districts: Residential: R20, R20A, R30 (5/12/97 ATM), R40, R40A (5/16/01 ATM), R60 Small Business: SB General Business: GB1, GB2, GB3 InduIstrial: Residence-Seashore Conservancy: RC3 MuniMcipal: Municipal Conservancy: M/C (11/7/95 STM) In addition the following overlay districts are established: Conservancy Flood Plain Airport Hazard Area Water Resource Protection (5/12/96 ATM) Flexible Development The specific locations and definitions of the overlay districts are set forth in Section IV of this Bylaw. B. Location of Districts The basic districts are shown, defined and bounded on the map accompanying this Bylaw entitled “Town of Chatham – Zoning Map,” and on file with the Town Clerk. Said map and all explanatory matter thereon is hereby made a part of this Bylaw. C. District Use Regulations No building or structure shall be erected, altered or extended and no premises shall be used for any purpose or in any manner other than as set forth in the Schedule of Use Regulations, Appendix I which is hereby made a part of this Bylaw, and in accordance with the following: 1. R60, R40, R40A (5/16/01 ATM), R30, R20 – Residential Districts a. Standard Permitted Uses 1. Agricultural Use 2. Fishing Use 3. One-family Dwelling 4. Public Educational Use 5. Religious and Municipal Use 6. Roadside Stand SECTION III DISTRICT REGULATIONS (5/01) 14 Printed May 2010 ACCESSORY USES: Barn, boathouse, garage, swimming pool, tennis court, private residential garage, and similar accessory structures (10/24/89 STM) b. Special Condition Uses (see Section VII) 1. Boarding or Rooming House 2. Guest House 3. Home Occupation 4. Tent, Trailer, Camping Vehicles and Mobile Home 5. Tourist Home c. Uses Requiring a Special Permit (see Section VII and VIII) 1. Affordable Apartment Incidental to a Single Family Dwelling 2. Group Dwelling 3. Kennel 4. Marina/Boatyard 5. Private Educational Use 6. Private Not-for-Profit Club 7. Public Utility Building and Facilities 2. R20A Residential (Apartment) District a. Standard Permitted Uses 1. Agricultural Use 2. Fishing Use 3. One-Family Dwelling 4. Public Educational Use 5. Religious and Municipal Use 6. Roadside Stand ACCESSORY USES: Barn, boathouse, garage, swimming pool, tennis court, private residential garage, and similar accessory structures (10/24/89 STM) b. Special Condition Uses (see Section VII) 1. Boarding or Rooming House 2. Guest House 3. Home Occupation 4. Multiple-Family Dwelling 5. Tent, Trailer, Camping Vehicles and Mobile Home 6. Tourist Home c. Uses Requiring a Special Permit (see Section VII and VIII) 1. Affordable Apartment Incidental to a Single Family Dwelling 2. Group Dwelling 3. Marina/Boatyard 4. Private Educational Use 5. Private Not-for-Profit Club 6. Public Utility Building and Facilities SECTION III DISTRICT REGULATIONS (5/01) 15 Printed May 2010 3. SB Small Business District a. Standard Permitted Uses 1. Agricultural Use 2. Fishing Use 3. One-Family Dwelling 4. Public Educational Use 5. Religious and Municipal Use 6. Roadside Stand ACCESSORY USES: Barn, boathouse, garage, swimming pool, tennis court, private residential garage, and similar accessory structures (10/24/89 STM) b. Special Condition Uses (see Section VII) 1. Antique Shop 2. Art Gallery 3. Boarding or Rooming House 4. Conversion of Existing Dwelling to Multiple Dwelling 5. Gift Shop 6. Guest House 7. Home Occupation 8. Tent, Trailer, Camping Vehicle and Mobile Home 9. Tourist Home c. Uses Requiring a Special Permit (see Section VII and VIII) 1. Affordable Apartment Incidental to a Single Family Dwelling 2. Dormitory 3. Flexible Multiple-Family Development* 4. Lunch Room 5. Marina/ Boatyard 6. Private Educational Use 7. Private Not-for-Profit Club 8. Professional Office 9. Public Utility Building and Facilities 10. Group Dwelling 11. Formula Business Establishment (9/30/09 STM) *In FD Overlay District only 4. GB General Business Districts GB1, GB2, GB3 a. Standard Permitted Uses 1. Agriculturl ses 2. Bank 3. FishingUse 4. Marina/Boatyard 5. Outdoor Vending Machine: Food and Beverage (except in GB1) 6. Personal and Household Services SECTION III DISTRICT REGULATIONS (5/01) 16 Printed May 2010 7. Private Educational Use 8. Professional ffice 9. Public Educational Use 10. Religious and Municipal Use 11. Retail Sales and Service (including but not limited to antique or gift shop, art gallery) 12. RoadsideStand b. Special Condition Uses (see Section VII) 1. Boarding or Rooming House 2. Conversion of Existing Dwelling to Multiple Dwelling 3. LunchRoom 4. Restaurant 5. Tent, Trailer, Camping Vehicle and Mobile Home 6. TouristHome c. Uses Requiring a Special Permit (see Section VII and VIII) 1. Adult Use Establishment 2. Affordable Apartment Incidental to a Single Family Dwelling 3. AnimaHl ospital 4. Apartment Incidental to a Commercial Use an Industrial Use 5. Arts and Crafts Production 6. Bar/Tavern 7. BusTerminal 8. Commercial Entertainment Establishment 9. CommerciaR l ecreationFacility 10. Dormitory 11. Flexible Multiple-Family Development* 12. Gasoline Station 13. GuestHouse 14. Hospital, Sanatorium, or Nursing Home 15. Kennel 16. Light Industry and Manufacturing 17. Lumber and Feed Establishment 18. MedicaCl linic 19. Motel, Hotel and Inn 20. New and Used Car Sales 21. Private Not-for-Profit Club 22. Public Utility Building and Facilities 23. Radio/TelevisionBroadcasting 24. Wholesale Business or Storage 25. GroupDwelling 26. One-FamilyDwelling 27. Commercial Garage/Parking Lot 28. Formula Business Establishment (9/30/09 STM ) ACCESSORY USES: Barn, boathouse, garage, swimming pool, tennis court, private residential garage, and similar accessory structures (10/24/89 STM) *In FD Overlay District only SECTION III DISTRICT REGULATIONS (5/01) 17 Printed May 2010 5. I Industrial District a. Standard Permitted Uses 1. Apartment Incidental to a Commercial Use and Industrial Use 2. Agriculturl se 3. Arts and Crafts Production 4. Auto Body and Repair 5. Boat Building and Repair 6. BoatStorage 7. FishingUse 8. Fuel stablishment 9. LandscapingBusiness 10. Lumber and Feed Establishment 11. Incidental Car Sales 12. Religious and Municipal Use 13. Incidental Retail Sales 14. Wholesale Business or Storage 15. WoodworkingShop M T A 9 9 / 0 1 / 5 ( ) b. Special Condition Uses None c. Uses Requiring a Special Permit (see Section VII and VIII) 1. Bus and Trucking Terminal 2. Fast Food or Take-out Restaurant 3. Gasoline Station 4. Light Industry and Manufacturing 5. Public Utility Building and Facilities 6. a. Recreation Facility, Commercial Indoor (5/14/07 ATM) b. Recreation Facility, Commercial Outdoor (5/14/07 ATM) 7. Formula Business Establishment (9/30/09 STM) 6. RC3 Residence Seashore Conservancy District The Seashore Conservancy District is intended to protect Strong Island and to further preserve the Cape Cods National Seashore in accordance with purposes of the Act of Congress of August 7, 1961 (75 Stat. 284-291); to prohibit commercial and industrial uses therein; to preserve and increase the amenities of the Town; and to conserve natural conditions, wildlife and open spaces for the education, recreation and general welfare of the public. a. Standard Permitted Uses 1. Conservation of Land, Water, Wildlife, Vegetation, and Other Natural Features and Values. SECTION III DISTRICT REGULATIONS (5/01) 18 Printed May 2010 2. Facilities deemed by the Secretary of the Interior to be necessary on Federally- owned property for administration and enjoyment of the Cape Cod National Seashore, provided that, to the extent possible within the purposes of the Act of Congress of August 7, 1961, (75 Stat. 284-292), plans for such facilities are coordinated with the objectives of the Chatham Planning Board. 3. FishiUgse 4. Public Educational Use 5. Public Utility Structure 6. Recreation related and uses indigenous to conservation and the natural resources of the Seashore such as hunting, fishing, swimming and boating. 7. Religious and Municipal Use b. Special Condition Uses 1. Moving, alteration, enlargement, maintenance, or repairs of "existing"* one-family residential dwellings or the erection of customary structures which will be accessory to the "existing" principal residential use provided that such improvements to "existing" dwellings and t he erection of accessory structures will afford not less than a fifty (50) foot setback from all boundary lines and further do not alter the essential character of the dwelling as a residence. In appropriate cases, the Board of Appeals may approve lesser setback requirements for improvements to "existin
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