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CODE PLYMOUTH Chapter 205 ZONING BYLAW 1 ARTICLE I § 205-21. Buffers between land uses. Authority, Purpose and Definitions § 205-22. Street classification and related § 205-1. Authority and purpose. standards. § 205-2. Validity and separability. § 205-23. Off-street parking. § 205-3. Definitions. § 205-24. Off-street loading. § 205-25. Nonconformities. ARTICLE II § 205-26. Removal of public nuisances. Administration § 205-27. Special permit uses. § 205-4. Enforcement officer. § 205-28. Planned unit development. § 205-5. Building and zoning permits. § 205-29. Retirement mobile home planned unit development. § 205-6. Zoning Board of Appeals. § 205-7. Associate member of Planning § 205-30. (Reserved) Board. § 205-31. Recreational campgrounds. § 205-8. Electronic plan formatting. § 205-32. Site plan review. § 205-9. Special permits. § 205-10. District boundary interpretation. ARTICLE IV Establishment of Districts § 205-11. Building permit limitations. § 205-33. Division of Town into districts. § 205-12. Design Review Board; appearance § 205-34. Official Zoning Map. code. § 205-13. Amendments. § 205-35. Interpretation of boundaries. § 205-14. Schedule of fees. § 205-36. Board of Appeals to interpret § 205-15. Complaints; remedies; violations uncertainties. § 205-37. Village/rural services area line. and penalties. § 205-16. Interpretation. ARTICLE V District Regulations ARTICLE III General Regulations § 205-38. General. § 205-17. Lot regulations. § 205-39. Wetlands Areas (WA). § 205-18. Natural features conservation § 205-40. Rural Residential (RR). requirements. § 205-41. Large Lot Residential (R-40). § 205-19. Signs. § 205-42. Medium Lot Residential (R-25). § 205-20. Utility service. § 205-43. Small Lot Residential (R-20SL). 1Includes OSMUD (J)(8)(c through e) omitted from previous draft. 205:1 07 - 15 - 2004 CODE PLYMOUTH § 205-44. Mixed Density Residential (R- Growth Management Provisions and 20MD). Requirements § 205-45. Multifamily Residential (R- § 205-67. Adequate facility conditions. 20MF). § 205-68. Residential development phasing. § 205-46. Waterfront (WF). § 205-47. Neighborhood Commercial (NC). § 205-48. Transitional Commercial (TC). Table 5 § 205-49. General Commercial (GC). § 205-50. Arterial Commercial (AC). § 205-51. Light Industrial (LI). § 205-52. Airport (AP). § 205-53. Light Industrial/Waterfront (LI/WF). § 205-54. Downtown/Harbor District (DH). § 205-55. Mixed Commerce (MC). § 205-56. Highway Commercial (HC). ARTICLE VI Overlay Districts and Special Regulations § 205-57. Aquifer Protection District (AA). § 205-58. Floodplain District (FP). § 205-59. Recreational development (RD). § 205-60. Buttermilk Bay District (BB). § 205-61. Planned commercial development (PCD). § 205-62. Rural density development (RDD). § 205-63. Open space mixed-use development (OSMUD). § 205-64. Municipal Wastewater District (MWD). § 205-65. Prevention of light pollution. § 205-66. Village open space development (VOSD). § 205-70 Transfer of Development Rights ARTICLE VII 205:2 07 - 15 - 2004 § 205-1 PLYMOUTH CODE § 205-3 [HISTORY: Adopted by the Special Town Meeting of the Town of Plymouth 11-15-1972 by Art. 2, effective 3-27-1973. Renumbering adopted by the Annual Town Meeting 4-6-2004 by Art. 30. Amendments noted where applicable.] ARTICLE I Authority, Purpose and Definitions § 205-1.Authority and purpose. [Amended 4-6-1978 ATM by Art. 59] In pursuance of authority conferred by MGL c. 40A, §§ 1 to 17, inclusive, and all acts in amendment thereof, and for purposes includi ng but not limited to promoting the health, safety, convenience, and welfare of the inha bitants of the Town of Plymouth, and more particularly to promote the most appropriate use of land throughout the Town in accordance with a comprehensive plan; to preserve and in crease its amenities; to secure safety from flooding and other dangers; to lessen congestion in the streets; to prevent overcrowding of land; to conserve the value of land and build ings; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and for other appropriate purposes, the Town of Plymouth doe s hereby enact the following regulations to be known as the "Zoning Bylaw of the Town of Plymouth." § 205-2.Validity and separability. The invalidity of one or more sections, sentences , clauses, or provisions of this bylaw shall not invalidate or impair the bylaw as a whole or any other part thereof. § 205-3.Definitions. A. For the purposes of this bylaw, the following words and phrases shall have the meanings given herein unless clearly stated or implied to the contrary. B. The word "person" includes a firm, a ssociation, organization, partnership, trust, company, or corporation as well as an individual. The present tense includes the future tense, the singular number includes the pl ural, and the plural number includes the singular. The word "shall" is mandatory; the word "may" is permissive. The word "used" or "occupied" includes the words "int ended, designed or arranged to be used or occupied." The word "lot" includes the word "plat" or "parcel." ABUTTING — Having a common property line with; contiguous; fronting upon. ACCESSORY USE OR STRUCTURE — A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. ADULT BOOKSTORE — An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, and other matter which are distinguished or characterized by their emphasis depicti ng, describing, or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31. [Added 4-10-1996 ATM by Art. 21] 205:3 07 - 15 - 2004 § 205-3 PLYMOUTH CODE § 205-3 ADULT DANCE CLUB — An entertainment establishment which permits a person or persons to perform in a state of nud ity as defined by MGL c. 272 and c. 31. [Added 4- 10-1996 ATM by Art. 21] ADULT MOTION PICTURE THEATER — An encl osed building used for presenting material distinguished by an emphasis on ma tter depicting, describing, or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31. [Added 4-10-1996 ATM by Art. 21] ADULT PARAPHERNALIA STORE — An estab lishment having as a substantial or significant portion of its stock devices, objects, tools, or toys which are distinguished or characterized by their association with sexual activity, including sexual conduct or sexual excitement as defined in MGL c. 272, § 31. [Added 4-10-1996 ATM by Art. 21] ADULT USES — An adult bookstore, an adult motion picture theater, an adult dance club, an adult paraphernalia store, an adult video store and such other uses as provided by MGL c. 40A, § 9A. Flashing lights and exposed illuminated gas tube lights shall not be visible from the exterior of the building.Added 4-10-1996 ATM by Art. 21] ADULT VIDEO STORE — An establishment ha ving as a substantial or significant portion of its stock-in-trade videos, movi es, or other film materials which are distinguished or characterized by their em phasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31. [Added 4-10-1996 ATM by Art. 21] BUFFER AREA — Land established to prot ect adjacent land uses of a different character by keeping the land in its open, natural state. If not naturally vegetated this area shall be fully landscaped and employ ot her methods of screening to provide a visual and sound barrier between land uses. The use of fencing, however, shall not be allowed. The buffer area is not intended to be used for sewage disposal, the collection, storage, or leaching of drainage, or park ing or vehicular uses other than approved entrance and exit points.[Added 4-5-1986 ATM by Art. 58] BUILDABLE AREA — The portion of a lot rema ining after required yards have been provided. BUILDING LINE — The line between side lot lines measured parallel to a line connecting their foremost points (where they intersect with street line) at the rear of the required front yard, except that in the case of lots with reduced frontage in accordance with § 205-17J, the building line shall be at the nearest line to the street between the side lot lines which meets both the minimum full lot width and the minimum front yard requirements. [Added 4-6-1978 ATM by Art. 56; amended 4-8-1985 ATM by Art. 54] BUILDING PERMIT — A permit required for any construction on any structure or use which provides the Town with a means of assuring that all plans for work are in accordance with the Building Code, issued by the Building Inspector. An approved zoning permit is a prerequisite for a building permit. CAPITAL IMPROVEMENT — A scheduled impr ovement or addition to the Town's physical facilities of a nonrecurring nature and including but not limited to 205:4 07 - 15 - 2004 BYLA §205-3 ZONING § 205-3 infrastructure, public utilities and public fac ilities, construction of new buildings or structures, major repairs or additions to existing buildings or structures, purchases of land and purchases of major items of equipment, and any necessary planning, engineering or feasibility studies associated with such capital improvemen[Added 4- 7-1987 ATM by Art. 64] CAPITAL IMPROVEMENTS PROGRAM — A l ong-term planned and prioritized schedule of proposed spending for capital im provements, and including a listing of all capital improvements proposed to be undertaken, together with supporting data and cost estimates, methods of financing and recommended time schedules for each improvement listed.[Added 4-7-1987 ATM by Art. 64] CERTIFICATE OF OCCUPANCY — The final permit required from the Town before any use or structure may be occupied, i ssued by the Building Inspector; a means of assuring that all work has been completed in accordance with plans approved for zoning permits and building permits and that all work conforms to the requirements of all building, zoning and health regulations of the Town. CLUSTER DEVELOPMENT — See § 205-28, Planned unit development. COMMON OPEN SPACE OR FACILITI ES — See § 205-28, Planned unit development. COMPREHENSIVE PLAN — A plan for the fu ture growth and development of the Town prepared by the Planning Board in accordance with MGL c. 41, § 81D and Chapter 7, Section 1 of the Town Ch arter and incorporating plans and recommendations concerning the physical, ec onomic and environmental development of the Town; land use; public facilities a nd services; utilities; population, density and housing; conservation; redevelopment and rehabilitation; and such other matters as may affect the growth and development of the To wn. Such plan shall provide the basis for zoning and land use regulations of the Town.Added 4-7-1987 ATM by Art. 69] CONTIGUOUS — See "abutting." DEFINITIVE PLAN — See "plan" and § 205-9C, Special permit. DENSITY — A rough measure of the intensity or amount of a land use and its related activity. Density is expressed most comm only in terms of dwelling units/acre, persons/dwelling unit, persons/acre, or floor area ratio. DILAPIDATED — A term describing buildings or structures which are in such a state of advanced deterioration as to require major overhaul or rebuilding. DRIVE-IN RESTAURANT or FAST-F OOD ESTABLISHMENT — Any place or premises used for sale, dispensing, or serv ing of food, refreshments, or beverages in automobiles and including those establishments where customers may serve themselves and may eat and drink food, refreshments, or beverages in automobiles and including establishments intended for large volume or fast service with on- or off-premises consumption which, because of the nature of sales, operation, or market serviced, cause a large volume or frequent turnover to vehicular traffic. 205:5 07 - 15 - 2004 § 205-3 PLYMOUTH CODE § 205-3 DWELLING UNIT — One room or rooms connect ed together constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physi cally separated from any other rooms or dwelling units which may be in the same structure and containing independent cooking and sleeping facilities. The following types of dwelling units are specifically defined: (1) DUPLEX — A detached residential building containing two dwelling units, designed for occupancy by not more than two families. (2) MULTIFAMILY — A residential buildi ng designed for or occupied by two or more families, with the number of fam ilies in residence not exceeding the number of dwelling units provided. (3) PATIO HOUSE — A dwelling unit allowe d only in planned unit developments, normally on a small lot, which may be eith er single-family detached or attached, which often spans the entire width of the lot and which is designed to create a private outdoor patio. (4) SINGLE-FAMILY DETACHED — A detach ed residential dwelling unit, other than a mobile home, designed for and occupied by one family only. (5) SINGLE-FAMILY ATTACHED — A single- family residence which is attached to another single-family residence by a roof, carport, breezeway, or a common party wall, commonly called a "townhouse" or "row house." (6) TOWNHOUSE — A form of single-fa mily attached dwelling unit which embodies separate units, normally with front and rear entrances and private yard space, and utilizing party wall construction. ELDERLY — For purposes of § 205-29, elderly are persons 55 years of age or older. [Added 5-12-1981 ATM by Art. 34] ELDERLY HOUSEHOLD — A household in which all permanent occupants are persons 55 years of age or older.[Added 5-12-1981 ATM by Art. 34] FAMILY — One or more persons occupyi ng a single dwelling unit, provided that unless all members are related by blood or marriage, no such family shall contain over five persons, but further provided that domestic servants employed on the premises may be housed on the premises without being counted as a family or families. FAST-FOOD ESTABLISHMENT — See "dri ve-in restaurant or fast-food establishment." FILLING STATION or SERVICE STATION — Buildings and premises where gasoline, oil, grease, and automobile accessories may be supplied and dispensed at retail and where, in addition, minor or routine servicing and repair may be performed. FLOOR AREA, GROSS — The sum of the areas of each floor in a building measured from the exterior faces of exterior walls or from the center lines of party wall[Added 4-24-1979 ATM by Art. 64] (1) Gross floor area includes the area at each floor in the structure except: 205:6 07 - 15 - 2004 BYLA § 205-3 ZONING § 205-3 (a) Attic space less than five feet zero inches in height. (b) Cellar space less than six feet zero inches in height. (2) When calculating gross floor area for the purpose of determining parking requirements, gross floor area for retail establishments, including restaurants, shall include the area of outdoor patios, walks, etc., if used for sales or service activities. FLOOR AREA, NET — The gross floor area of a building minus the area of the following spaces measured to the inside of their walls: [Added 4-24-1979 ATM by Art. 64] (1) Hallways, including foyers. (2) Stairs and stairwells. (3) Structural elements over five square feet in horizontal cross section. FLOOR AREA RATIO — A number expressed as a decimal which is used to measure the mass of a building; the ratio of the tota l floor area to the total land area; see § 205- 28. FRONTAGE — That portion of a lot contiguous with a street or street right-of-way line and providing access thereto. [Amended 3-28-1973 ATM by Art. 71] HEIGHT — The vertical distance of the highest point of the roof beams, in the case of a flat roof, or of the top of the rafters at the ridge in the case of a sloping roof, measured from the mean grade of the natural ground c ontiguous to the structure. Accessories or appurtenances necessary to the operation of th e building and not greater than five feet in breadth may exceed the height limit by not greater than five feet, except that the total area of such appurtenances shall not exceed 5% of the total roof area. Other structures may be allowed by special permit. For structures other than buildings, height shall be measured from the mean grade of the natural ground around the structure to the highest point on the structure. HOME OCCUPATION — An occupation conducted in a dwelling unit, provided that: (1) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25% of the floor area of the dwelling unit shall be used in the conduct of the home occupation; (2) There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of such home occupation other than one sign, not exceeding one square foot in area, nonilluminated, and mounted flat against the wall of the principal building; (3) There shall be no sales of merchandise other than that produced on the premises; (4) No traffic shall be generated by such home occupation in greater volume than would normally be expected in a re sidential neighborhood, and any need for 205:7 07 - 15 - 2004 § 205-3 PLYMOUTH CODE § 205-3 parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard; (5) No equipment or process shall be us ed in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot. LAND USE — The purpose for which land or a structure is arranged, designed, or intended or for which either land or a building may be occupied or maintained; includes and used interchangeably with "use" and "use and structure"; "use" implies any structure associated therewith, but "structu re" does not necessarily imply a particular use. LOT — An area of land in one ownership w ith definite boundaries recorded in the Registry of Deeds or in the Land Court. [Added 4-17-1975 ATM by Art. 68] LOT FRONTAGE — For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to or abutting a street shall be considered frontage and yards shall be provided as indicated under "yard" in this section. LOT MEASUREMENTS (1) Depth of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and rearmost points of the side lot lines in the rear. (2) Width of a lot shall be considered to be the distance between side lot lines, measured across the rear of the require d front yard; provided, however, that the width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than 80% of the required lot width except in the case of lots on the turning circle of a cul-de-sac (which may be 60%) or in cluster developments. [Amended 4-6-1978 ATM by Art. 56] (3) Lot area shall be a net figure, exclusive of any public rights-of-way. In the case of lots created after April 24, 1979, lot area sh all also be exclusive of any private easements of record, except in nonresiden tial districts (WF, NC, TC, GC, AC, LI, AP, and LI/WF) where said easements are for underground or aerial utilities or underground drainage structures and the topography will allow the placement of pavement for parking or roadway use thereon. [Amended 4-24-1979 ATM by Art. 70; 5-13-1981 ATM by Art. 39] LOT TYPES (1) CORNER LOT — A lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135°. (2) INTERIOR LOT — A lot other than a corner lot with only one frontage on a street. 205:8 07 - 15 - 2004 BYLA § 205-3 ZONING § 205-3 (3) THROUGH LOT — A lot other than a corn er lot with frontage on more than one street. Through lots abutting two streetsmay be referred to as "double frontage lots." (4) REVERSED FRONTAGE LOT — In relation to any given street, a through lot or corner lot whose vehicular access is provided on the street other than the one in question; normally defined in relation to a major street and buffered from the street by an easement, planting, or walls. MOBILE HOME — A detached, factory-built, single-family residential unit which bears the HUD mobile home seal and whic h is designed for transportation after fabrication on streets and highways on its ow n wheels to the site where it is to be occupied as a complete dwelling, ready for occupancy except for minor and incidental unpacking and assembling operations, location on permanent or semi-permanent foundations, connection to utilities and the like.ended 5-12-1981 ATM by Art. 34] MOBILE HOME PARK — Premises especially located and designed for the parking or placing of mobile homes for the purpose of permanent residency, where mobile spaces are offered for sale or rent, and including r ecreation areas and any other structures or facilities which may be provided for the residents of the park.dded 5-12-1981 ATM by Art. 34] MUNICIPAL WASTEWATER FACILITY — A facility owned and/or operated by the municipality, or a private corporation under c ontract with the municipality, pursuant to MGL c. 30B, § 1(e), for treatment, processing, or disposal of wastewater or septage or wastewater treatment residuals, provided the facility is located on land outside Zone II's as defined by 310 CMR 22.21( 2), DEP Drinking Water Regulations, Wellhead Protection Zoning and Non-Zoning Controls. [Added 11-20-1996 STM by Art. 3] NONCONFORMITY — See § 205-25. OPEN SPACE — Includes and implies "useable open space." The part or parts of a lot or development intended and designed as f unctional or visual buffer areas or for outdoor use by the occupants of the lot or development for recreation, including but not limited to natural wooded or open areas, gardens, lawns, swimming pools, tennis courts or similar facilities, free from automotive tra ffic and parking except that incidental to the open space uses, and readily accessible to all those from whom it is required. PERMIT — See "building permit," "zoning permit," and "certificate of occupancy." PHASING — The placing of a restriction on the number of lots for which building permits may be issued in a calendar year for land in contiguous ownership on or after April 7, 1987, as shown on a plan or plans a pproved by the Planning Board, in order to mitigate the impacts of such growth on public facilities and services and ensure continued public safety and welfare.[Added 4-7-1987 ATM by Art. 72] PLAN — Any drawings, charts, descriptive text, or other documents necessary for suitable description of a proposed use and required as part of the application process for various permits. 205:9 07 - 15 - 2004 § 205-3 PLYMOUTH CODE § 205-3 (1) Zoning permit (see § 205-5): (a) Applicationlan. (b) Approvep dlan. (2) Special permit (subject to environmental design conditions; see § 205-9): (a) Schematipclan. (b) Preliminarylan. (c) Definitive plan . PLANNED COMMERCIAL PARK — One or more structures housing uses allowed in § 205-47B, Neighborhood Commercial, and uses allowed or authorized by special permit in § 205-52, Airport, and subject to environmental design conditions, as specified, planned and designed as a unified complex so as to provide a functional and attractive development. [Added 4-4-1988 STM by Art. 6] PLANNED OFFICE PARK — A group of office structures planned and designed as a unified complex so as to provide a functional and attractive development. PLANNED SHOPPING CENTER — A shopping complex which is planned, designed, and developed as a unit so as to provide a functional and attractive area. PLANNED UNIT DEVELOPMENT — See § 205-28. (1) Planned cluster development. (2) Planned residential development. (3) Planned neighborhood development. PUBLIC FACILITY — A capital improvement necessary to service residential development and including the following: [Added 4-7-1987 ATM by Art. 69] (1) Streestystem. (2) Public or centralized private water supply, storage, and distribution system. (3) Public or centralized private wastewater facility. RECREATIONAL DEVELOPMENT — See § 205-59. [Added 4-4-1988 ATM by Art. 53] RECREATION EQUIPMENT, MAJOR — See § 205-9J. ROTOR — The blades plus the hub to whic h the blades of a WECS are attached. [Added 4-20-1982 ATM by Art. 47] ROTOR DIAMETER — Distance from lowest to the highest reaching point of the rotor blades, their supporting structure, and hub of WECS, whether on vertical or horizontal axis.[Added 4-20-1982 ATM by Art. 47] 205:10 07 - 15 - 2004 BYLA § 205-3 ZONING § 205-3 SCREENING — Any combination of materi als designed and intended to provide protection from visibility, noise, dust, wind, or blowing particles, including walls, fences, earthen berms or mounds, hedges, trees, or shrubbery. SIGNS — See § 205-19. SPECIAL PERMIT — A permit which may be issued by the special permit granting authority to authorize a use which would not be allowed generally or without restriction throughout any particular zoning district but which, if controlled as to number, area, location, relation to the neighborhood and other characteristics, would not be injurious to the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare. A special permit is not a variance but may include a waiver of dimensional and similar requirement s incidental to the special permit. See § 205-9. [Amended 4-4-1988 ATM by Art. 53] STREET — A public right-of-way, whether owned by the Town, county, state, or federal government and whether currently used for transportation purposes or not. Streets are classified according to § 205-22. STREET LINE — The right-of-way line of a street. STRUCTURE — A combination of materials assembled at a fixed location to give support or shelter, such as a building, br idge, tower, retaining wall, tank, tunnel, platform, fence, screen, sign, flagpole, or the like; also implies "structure or part thereof." SUBDIVISION REGULATIONS — The Rule s and Regulations Governing the Subdivision of Land, Plymouth, Massachusetts. USE — See "land use." VILLAGE DENSITY DEVELOPMENT — The er ection or construction of a dwelling unit or units at a density of greater than one unit per 60,000 square feet in the R-40, R- 25, R-20SL, and R-20MD Zoning Districts. It shall not include the alteration, reconstruction, repair, demolition or mainte nance of existing dwelling units nor the construction or erection of structures acce ssory to existing dwelling units. It shall include any other residential development, including the erection or construction of dwelling units on lots on a subdivision plan submitted and approved after the effective date of this section at or greater than the density herein designated.[Added 4-7-1987 ATM by Art. 69] WETLAND — See § 205-39. WIND ENERGY CONVERSION SYSTEM (WECS) — A device which converts wind energy to mechanical, pneumatic, fluid, or electrical power. Includes tower, rotor, energy conversion equipment, such as gene rators or inverters, all controls and integration equipment. May include multiple installations. [Added 4-20-1982 ATM by Art. 47] YARD — A required open space unoccupied and unobstructed by any structure or portion of a structure from three feet above the general ground level of the graded lot 205:11 07 - 15 - 2004 § 205-3 PLYMOUTH CODE § 205-3 upward; provided, however, that fences, walls , poles, posts, and other customary yard accessories, ornaments, and furniture may be permitted in any yard subject to height limitations and requirements limiting obstructi on of visibility, and accessory structures may be allowed in required yards by special permit. Yards for principal building on lots created after April 24, 1979, shall be measured so as to be exclusive of land subject to any easement of record, except in nonresiden tial districts (WF, NC, TC, GC, AC, LI, AP, and LI/WF) where said easements are for underground or aerial utilities or underground drainage structures and the topography will allow the placement of pavement for parking or roadway use thereon. Specific yard areas shall be measured as required below, except that for lots fronting on a street or way without a defined right- of-way, yard areas and setbacks shall be measured from a line parallel to the center line of the travel way which is offset a dist ance equal to 1/2 the minimum right-of-way width required by the Subdivision Rules and Re gulations for the street class on which the lot has frontage. For the purpose of this definition, scenic streets all have right-of- way widths as required for major streets. [Amended 4-24-1979 ATM by Art. 70; 5-13-1981 ATM by Art. 39; 4-5-1986 ATM by Art. 53] YARD, FRONT — A yard extending between si de lot lines across the front of a lot adjoining a public street, except that in th e case of lots with reduced frontage in accordance with § 205-17J, the front yard line sh all be measured at right angles from the nearest common property line. [Amended 4-6-1978 ATM by Art. 56; 4-8-1985 ATM by Art. 54] (1) In any required front yard, no fence or wall shall be permitted which materially impedes vision across such yard above the height of six feet. (2) In the case of through lots, unless the prevailing front yard pattern on adjoining lots indicates otherwise, front yard shall be provided on all frontages. (3) In the case of corner lots, a front yard of the required depth shall be provided in accordance with the prevailing yard pattern and a second front yard of half the depth required generally for front yards in the district shall be provided on the other frontage. (4) Depth of required front yards shall be m easured at right angles to a straight line joining the foremost points of the side lots lines. YARD, SIDE — A yard extending from the rear line of the required front yard to the front line of the required rear yard. Width of a required side yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel to the side lot line. YARD, REAR — A yard extending across the rear of the lot between side lots lines. In the case of through lots and corner lots, ther e will be no rear yards but only front side yards. Depth of a required rear yard shall be measured in such a manner that the yard established is a strip of the minimum widt h required by district regulations with its inner edge parallel to the rear lot line. 205:12 07 - 15 - 2004 BYLA § 205-4 ZONING § 205-5 ZONE — One of the districts into which the Town is divided for the purpose of regulating various land uses; a zoning district or a district. ZONING PERMIT — A permit required prior to issuance of a building permit which provides the Town with a means of assuring that all plans for uses or structures are in accordance with the requirements of the Zoning Bylaw, issued by the Building Inspector. ARTICLE II Administration § 205-4.Enforcement officer. This ordinance shall be administrated and enfo rced by the Building Inspector of the Town of Plymouth with the assistance of such other pe rsons as the Board of Selectmen or Town Meeting may direct. Duties of the Building In spector under this bylaw shall include the receiving of applications, issuing building and zoning permits, inspection of premises, issuing certificates of occupancy, action on violations, and any other lawful actions necessary to assure conformance with this bylaw. § 205-5.Building and zoning permits. A. Building and zoning permits required. (1) No building or other structure shall be erected, structurally altered, added to, or moved, nor shall any cutting of trees, clearing of land, or excavation of soil be carried out, whether or not for purposes of construction, nor shall any change of land use be made unless a zoning permit ha s been issued, and no building permit, as required by the Building Code, shall be issued without an approved zoning permit. The Building Inspector shall issue no permit except for work in conformity with the provisions of this bylaw unle ss he receives a written order from the Zoning Board of Appeals allowing otherwise as follows hereinafter, § 205-9. (2) The following procedures and requirement s shall apply to uses and structures on all lots whether subdivided prior to or s ubsequent to the enactment of this bylaw and to all lots not requiring subdivision approval in accordance with the MGL c. 41, § 81L, except that any lots protect ed by the MGL c. 40A, § 6 may be submitted under the zoning provisions exis ting at the time of Planning Board endorsement of said lots.[Amended 4-6-1978 ATM by Art. 59] B. Procedures for zoning permits. (1) Application plan. Formal application for a zoning permit shall be made in four copies on standard forms provided by the Building Inspector and shall include four copies of a plan of the proposed development. This application plan shall be drawn to a useable scale, normally not smaller than one inch equals 10 feet for small proposals or one inch equals 40 feet for large proposals.[Amended 4-5-1977 ATM by Art. 50; 4-6-1978 ATM by Art. 55; 10-25-2001 STM by Art. 22] (a) Such plan shall show: 205:13 07 - 15 - 2004 § 205-5 PLYMOUTH CODE § 205-5  Locatiomap;  Actual size and shape of lot;  Existing conditions and characteristic s of the lot, including contours at five-foot intervals, trees and other natural features (see § 205-18, Natural features conservation requirements), and roads and structures;  Existing conditions on adjacent lots, including generalized topography, tree coverage, and distance of existing structures from lot lines;  Schematic plan of proposed uses of land and exact size, shape and location of all proposed structures, including walls and fences;  Parking, screening, landscaping and any other site elements required under this bylaw;  Proposed finish grading at two-foot contour intervals and all provisions for drainage affecting the site or adjacent properties;  Such other information as th e Building Inspector may reasonably require, including a plan of the entir e subdivision in the case of single- family homes. (b) For additions to existing single-family homes, or for additions to other uses which would be less than 500 square feet in area, which would not be in any required yard, the Building Inspector ma y require only the size and shape of the lot, the existing structure and the proposed addition. (c) Notice to utilities. Accompanying the a pplication plan shall be certification, on a form provided by the Building Depa rtment, that notification of any proposed excavation in abutting street s, private ways, rights-of-way and easements has been given to all appropriate public utility companies as determined by the Building Inspector, including but not limited to utility companies providing electricity, gas and telephone service. (2) Approved plan. (a) Within 14 days of the receipt of complete application for a single-family detached or two-family detached dwelling and within 30 days for other uses, and after proper review and consideration of any decisions rendered by Town boards having jurisdiction, the Building Inspector shall mark and sign all copies of the plans as approve d, approved conditionally, or disapproved. He may mark minor required changes in red in the case of conditional approval or may require the plans to be redrawn with corrections. Where the plans or other materials suggest pot ential site problems, the Building Inspector shall make an inspection of the site prior to issuing a zoning permit. The Building Inspector shall give detailed reasons in the case of disapproval, and resubmission shall be necessary for further consideration, unless appeal is taken to the Board of Appeals. Any plan approved or approved with conditions shall be desi gnated an approved plan and all work 205:14 07 - 15 - 2004 BYLA § 205-5 ZONING § 205-5 shall be done exactly in conforman ce with such plan. One copy of the approved plan and the building and zoning permit, if issued, shall be sent to the applicant, one copy retained by th e Building Inspector, one copy filed with the Planning Board, and one copy filed with the Board of Health. [Amended 4-6-1978 ATM by Art. 55] (b) No zoning permit shall be issued un til an application for a certificate of occupancy has been filed and until appropriate fees have been paid to Town Clerk, as required in § 205-14. (c) For uses other than single-family detached and two-family detached dwellings, the Building Inspector (now known as the "Building Commissioner") shall transmit copies of the application and application plans to the Planning Board for its re view and comments. The Board shall render its report within 21 days. For a nonresidential building or use in an open space mixed-use development (OSMUD) pursuant to a master plan special permit granted under § 205-63 and/or pursuant to a development plan, in addition to copies of the application and application plans referenced in this subsection, the Building Inspector shall transmit to the Planning Board all certifications, reports, studies, test results and other documentation submitted by the applicant to the Buildi ng Inspector with respect to such building, and the Planning Board's report to the Building Inspector regarding the zoning permit application for that building or use shall specifically address, among other comments, conf ormance of the building with the design standards of § 205-63(J)(1), the ma ster plan, the master plan special permit decision, and/or the development plan; applicability and compliance of the site on which the building is to be situated with Plymouth's Subdivision Rules and Regulations; a nd compliance of the building with applicable state permits. Notwithsta nding the above provisions of this subsection, only applications for nonresidential buildings within an OSMUD are required to be transmitted to the Planning Board. [Added 4-21-1974 ATM by Art. 65; amended 6-7-2000 STM by Art. 3] C. Procedures for special permit uses. (1) Initial submission to Building Inspector. For any use or structure requiring a special permit, the applicant shall first ma ke application to the Building Inspector for a zoning permit as normally required, at which time the Building Inspector shall advise the applicant as to the pa rticular requirements of the Zoning Bylaw regarding the proposed use. [Amended 10-25-2001 STM by Art. 22] (2) Schematic plan. [Amended 4-21-1974 ATM by Art. 65; 10-25-2001 STM by Art. 22] (a) In the case of special permit uses, and special permit uses which are subject to environmental design conditions prescribed in § 205-9, a schematic plan shall be submitted to the Building Inspector with the zoning permit application which may be less detailed than the preliminary plan required for formal submission to the Board of Appeals (see § 205-9). This schematic 205:15 07 - 15 - 2004 § 205-5 PLYMOUTH CODE § 205-5 plan is intended to save the applican t time and expense in preparing plans which will be suitable for submission to the Board of Appeals.  The schematic plan is intended to be a clear presentation of the preliminary plan concept and the basic character of the proposed development. It is not intended to be a detailed or final drawing with engineering calculations or explicit architectural designs.  The application for a zoning permit and the schematic plan shall be filed in four copies. (b) The schematic plan should be accompanied by a drawing showing the approximate size and location of the site in the Town and by photographs of representative portions of the site at a size of eight inches by 10 inches. The site plan should be carefully sketched to scale and should clearly show the size and shape of the site, the topography at five-foot intervals, other general characteristics of the property, including basic tree coverage, proposed uses of the land, the proposed vehicular circ ulation system and how it relates to the surrounding street pattern, the proposed system of pedestrian circulation and how it relates to that of surrounding properties, the location of all open space and an indication of its intended character, the general number and density of dwelling units, if any, th e types of dwelling units envisioned, location of clusters or complexes of dwelling units by type, location and general characteristics of nonresidential land uses or facilities, if any, any significant accessories, and other pertinent features of the plan. (c) The Building Inspector or other appropr iate agents of the Town may advise the applicant as to the following:  General suitability of the s ite and location of the proposed development;  Suitability of the basic design con cept, including land use, circulation, and open space;  The appropriateness of the intensity of development, overall and in specific sectors;  Appropriate treatment of the na tural features of the site and requirements concerning their protec tion and advisory review by the Conservation Commission;  Requirements concerning design and siting of structures and accessories and advisory review by the Design Review Board;  Information required for proper application to the Board of Appeals for special permit. (d) The Building Inspector shall transmit copies of the schematic plan to the Planning Board and may advise the applicant of a suitable time for submitting the application for special permit to the Board of Appeals. 205:16 07 - 15 - 2004 BYLA § 205-5 ZONING § 205-5 (3) Final submission to Building Inspector. Once a special permit has been issued by the Board of Appeals, the application for a zoning permit shall be filed again with the Building Inspector accompanied by the definitive plan, if any, approved by the Board of Appeals. In cases where the setbacks of single-family houses have been prescribed in the special permit, th e Building Inspector shall verify that the zoning permit application for each lot is in conformity with the special permit. D. Expiration of permits. [Amended 4-6-1978 ATM by Art. 59] (1) Zoning permits. If the use or construction described in any zoning permits has not begun within one year of the date of issu e and, in the case of construction, is not continued through to completion as continuously and expeditiously as possible, the permit shall expire and the Building Inspector shall given written notice thereof to the persons affected. Work shall not proceed until a new zoning permit has been issued in conformance with the Zoning Bylaw in effect at the time of reissue. (2) Building permits. If the use or construction authorized by a building permit is not commenced within the time frame specified in MGL c. 40A, § 6 or, in the case of construction, is not continued through to completion as continuously and expeditiously as is reasonable, then the building permit shall expire and the Building Inspector shall give written notice thereof to the persons affected. Work shall not proceed until a new building perm it has been issued pursuant to a valid zoning permit. E. Certificate of occupancy required. (1) It shall be unlawful to use or occupy or to change occupancy of any structure or premises or part thereof for which a zoning permit is required until a certificate of occupancy or temporary certificate of o ccupancy has been issued by the Building Inspector. (a) All nonconforming uses and structures shall be issued a certificate of nonconformance as required in § 205-25 which shall describe any conditions of nonconformance affecting or restricting occupancy. (b) A temporary certificate of occupa ncy may be issued for a period not exceeding six months during alterations of a presently occupied building or for partial occupancy of a building. (c) A public record of all certificates of occupancy shall be filed in the office of the Building Inspector. (2) Application procedure. Application for a certificate of occupancy shall be made on standard forms provided by the Town at the time of application for a zoning permit, if any, or prior to occupancy or change of occupancy of any existing premises. Any such application not accompanying the plans required for a zoning permit application shall include three copi es of approved plans as described in Subsection C of this section. 205:17 07 - 15 - 2004 § 205-6 PLYMOUTH CODE § 205-6 (a) The applicant shall notify the Buildi ng Inspector of the completion date of any work described in the application for a certificate of occupancy prior to occupancy, and preferably at least fi ve days prior to completion. As soon after completion of work as possible the Building Inspector shall perform his final inspection and shall determine wh ether or not work is in compliance with all regulations and whether the certificate of occupancy has been issued. The Building Inspector shall issue no certificate of occupancy unless it has been signed by the Public Safety Commission and all other Town bodies having jurisdiction, indicating that the work has been completed in conformance with all applicable regulations. (b) In case of noncompliance, the Building Inspector shall notify the applicant in writing, stating detailed reasons for noncompliance. No certificate of occupancy shall be issued until compliance with all zoning requirements is accomplished. Failure to obtain a certificate of occupancy shall be deemed a violation of this bylaw, as covered in § 205-15. F. Right of appeal. If any request for a zoning permit is disapproved or if any certificate of occupancy is denied, the applicant may a ppeal the decision of the Building Inspector to the Zoning Board of Appeals. § 205-6.Zoning Board of Appeals. A. Establishment and membership. There shall be a Zoni ng Board of Appeals in accordance with MGL c. 40A and as provided by the Charter. Said Board of Appeals shall consist of five members and two altern ate members who shall be residents of the Town and who shall be appointed by the Se lectmen for terms of three years each, or until their successors are appointed. The pres ent Board of Appeals shall continue as existing under the present Zoning Bylaw. Me mbers may be removed for cause by the Selectmen following written charges and a public hearing. Vacancies shall be filled forthwith by appointment by the Selectmen for the unexpired term of any member whose position becomes vacant. [Amended 4-6-1978 ATM by Art. 59] B. Public hearing; notices. Upon receipt of an appeal, th e Board shall set a reasonable time for a hearing within 65 days of filing and give notice thereof in accordance with applicable statutory provisions.[Amended 4-6-1978 ATM by Art. 59] C. Stay of proceedings. An appeal stays all proceedings in furtherance of the action concerned, unless the Building Inspector from w hom the appeal is taken certifies to the Board that by reason of facts stated in th e certification a stay would cause imminent peril to life or property. In such a case pr oceedings shall not be stayed except by a restraining order which may be granted by th e Board of Appeals or a court of record upon application by the Building Inspector. § 205-7.Associate member of Planning Board. [Added 4-23-1990 ATM by Art. 27] A. The Planning Board may appoint a Planning Board associate member for the purpose of acting on special permit applications. The associate member shall be appointed 205:18 07 - 15 - 2004 BYLA § 205-8 ZONING § 205-9 annually. The associate member may be removed for cause by the Planning Board following written charges and a public hearing. Should the associate member position become vacant, it shall be filled forthwith by the Planning Board for the unexpired term. B. The Planning Board Chairman may designate the associate member to sit on the Board for purposes of acting on a special permit application in case of: (1) The absence of a regular member. (2) The inability of a regular member to act. (3) A conflict of interest of a regular member. (4) A vacancy on the Board. § 205-8.Electronic plan formatting. [Added 4-7-1999 ATM by Art. 29] A. Special permit plan requirements. All special permit uses and special permit uses subject to environmental design conditions shall submit as-built plans in electronic format compatible with standards to be established by the Town. § 205-9.Special permits. A. Procedures. [Amended 4-5-1977 ATM by Art. 46; 4-6-1978 ATM by Art. 59; 4-20-1982 ATM by Art. 46; 4-4-1988 ATM by Art. 53; 4-10-1989 ATM by Art. 33] (1) The special permit granting authority ma y grant a special permit for certain uses and structures as authorized in Articles III, IV, V and VI of this bylaw, subject to conditions and procedures set forth herein and in other applicable sections of the bylaw. (2) Following application to the Building In spector for a zoning permit, the applicant shall file a request for a special perm it with the Town Clerk. Copies of the application, including the date and time of filing, certified by the Town Clerk, shall be filed forthwith by the applican t with the appropriate special permit granting authority and such officer or board whose order or decision is being appealed. Application for a special permit shall be filed with required number of copies indicated on forms provided by th e special permit granting authority and should include any plans or other documen ts advised previously by the Building Inspector. The special permit granting authority may require additional information as necessary to adequately judge the merits of the request. (3) Applications for special permits shall be distributed immediately to the Planning Board, the Design Review Board, Fire Chief, Board of Health, and the appropriate Village Steering Committee. The reports of the Design Review Board, Board of Health, and Village Steering Committee, which are advisory, shall be submitted to the Planning Board within 21 days of f iling of the applications. The Planning Board shall transmit all such advisory reports to the Board of Appeals within 35 days of the filing of the application[Amended 4-10-2001 ATM by Art. 21] 205:19 07 - 15 - 2004 § 205-9 PLYMOUTH CODE § 205-9 (4) Within 30 days of filing of a special permit with the Board of Appeals, the Planning Board shall evaluate the proposal with regard to the conditions and standards set forth herein and in the rules of the Board of Appeals and shall submit an advisory report in writing to the Boar d of Appeals. The Planning Board shall forward, with its report, copies of all recommendations received from other boa
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