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ZONING CHAPTER 198 FROM THE CODE OF THE TOWN OF FAIRHAVEN Revised through May 1, 2010 PLANNING BOARD MEMBERS Albert Silva, Vice-Chairman Joseph Morra, Clerk Raymond Fleurent Jeffrey Lucas Gary Staffon Peter Nopper THIS PAGE LEFT BLANK Chapter 198 ZONING ARTICLE 1 198-29. Special permits for certain Authority; Purpose; Administration intensive nonresidential and And Enforcement multifamily site developments. 198-1. Authority. 198-29.1. Wireless communications 198-2. Purpose. Services. 198-3. Administration. 198-29.2. Assisted Living 198-4. Enforcement. Communities Overlay 198-5. Violations and penalties. District. 198-6. Planning Board. 198-29.3. Sexually oriented businesses. 198-7. Zoning Board of Appeals. 198-29.4. Special permit for certain existing 198-8. Special permit. conditions in the Wetland 198-9. Variances. Resource Protection District. 198-10. Amendments. 198-29.5. Wind Energy Facilities 198-11. Validity. 198-30. Filling. 198-12. Applicability of greater 198-31. Earth removal regulations. restrictions. 198-31.1. Stormwater management. 198-13. When effective. 198-32. Commercial camping. 198-32.1. Accessory dwelling units. ARTICLE II 198-32.2. Dock and Piers Use and Intensity Regulations ARTICLE IV 198-14. Establishment of districts. Definitions 198-15. Use regulations. 198-16. Use Regulation Schedule. 198-33.Definitions and word use 198-17. Intensity of use regulations. 198-18. Intensity of Use Schedule. Appendix A - Report on findings concerning 198-19. Fences. impacts of sexually oriented businesses 198-20. Soil removal. Appendix B - Illustrations to accompany § ARTICLE III 198-26, Sign Regulations General Regulations 198-21. Nonconforming uses. HISTORY: Adopted by the Special Town 198-22. Accessory buildings and uses. Meeting of the Town of Fairhaven 6-14-1966 198-23. Home occupations. By Art. 10. Amendments noted where 198-24. Noise, litter and smoke applicable. standards. 198-25. Location of automobile services. 198-26. Sign regulations 198-27. Parking, loading and landscaping requirements. 198-28. Floodplain and Nasketucket River Basin Districts. FAIRHAVEN CODE Conservation Commission –See Ch. 8 GENERAL REFERENWetlands – See Ch. 192 Planning Board – See Ch. 65 Subdivision of land – See Ch. 322 Garages and service stations – See Ch. 125 Animals– See Ch. 405 Marina regulations – See Ch. 132 Swimming pools –See Ch. 475 ARTICLE 1 Authority; Purpose;Administration and Enforcement [Amended 3-23-1968 ATM by Art. 58; 4-4-1970 ATM by Art. 60; 3-15-1973 ATM by Art. 74; 2-9-1978 STM by Art. 2; 5-3-1986 STM by Art. 6; 5-7-1988 ATM by Art. 10; 5-9-1989 ATM by Art. 20; 5-4-1991 ATM by Art. 24] § 198-1. Authority. This chapter is adopted pursuant to the authority granted by Chapter 40A of the General Laws of the Commonwealth of Massachusetts and any amendments thereof. § 198-2. Purpose This chapter is enacted for the following purposes: A. To promote the health, safety, convenience and general welfare of the inhabitants of the Town of Fairhaven. B. To lessen the danger from fire, flood, panic and other natural or manmade disasters. C. To improve and beautify the town. D. To prevent overcrowding of land. E. To avoid undue concentration of population. F. To facilitate the adequate needs of water, water supply, drainage, sewerage, schools, parks, open space and other public requirements. G. To conserve the value of land and buildings, including the conservation of natural resources and the prevention of blight and pollution of the environment. H. To encourage the most appropriate use of land throughout the town. I. To preserve and increase amenities by the promulgation of the regulations to fulfill said objectives. § 198-3. Administration. This chapter shall be administered by the Building Commissioner. No building shall be erected, structurally or externally altered and no use of land or a building shall be started or changed without a building permit having been issued by the Building Commissioner. No premises shall be equipped or used without an occupancy permit issued by the Building Commissioner. No such permits shall be issued for construction or use in violation of any provisions of this chapter. § 198-4. Enforcement. The Building Commissioner may institute appropriate legal proceedings to enforce the provisions of this chapter or to restrain by injunction any violation thereof, or both, and shall institute and take any and all such action as may be necessary to enforce full compliance with any and all of the provisions of this chapter. § 198-5. Violations and Penalties. § 198-5. Violations and Penalties. Any person, business or other legal entit y violating any provision of this chapter, any conditions under which a permit is issued or any decision rendered by the Zoning Board of Appeals or other special permit granting authority, may be fined not more than $300.00 for each offense. Each day that such violation continues shall constitute a separate offense. Zoning – Chapter 198 4 Rev. 5/1/10 § 198-6. Planning Board. The Fairhaven Planning Board is hereby designated as one of the special permit granting authorities (SPGA) under the provisions of MGL c.40A, § 9. (See § 198- 15C of this chapter). § 198-7. Board of Appeals. A. There is hereby established a Zoning Board of Appeals of five members and four associate members appointed by the Selectmen, as provided in MGL c.40A, which shall act on all matters within its jurisdiction under this chapter in the manner prescribed in Chapter 40A of the General Laws. The Board established hereunder shall act as the permit granting authority for appeals under MGL c.40A, §§ 8 and 10, and one of the special permit granting authorities as provided in MGL c. 40A, § 9. This subsection should not be construed as to limit any of the authority of the Zoning Board of Appeals under any other section of Chapter 40A. B. An appeal to the Zoning Board of Appeals may be taken by any person aggrieved by reason of his/ her inability to obtain a permit or enforcement action from the Fairhaven Building Commissioner for reasons in violation of the provisions of Chapter 40A or this Chapter 198, Zoning, as provided under MGL c.40A, § 8. An appeal to the Zoning Board of Appeals may also be taken by the Regional Planning Agency for the Town of Fairhaven, an officer or board of the Town of Fairhaven or an abutting city or town of Fairhaven who is aggrieved by an order or decision of the Fairhaven Building Commissioner pertaining to the provisions of Chapter 40A, or this Chapter 198, Zoning, as prescribed under MGL c.40A, § 8. C. The Zoning Board of Appeals shall not hear an appeal from any decision made by another special permit granting authority as established under MGL c.40A, § 9 . Such appeals shall be made to Superior Court as required under MGL c.40A, § 17. The Zoning Board of Appeals shall hold public hearings in accordance with the provisions of Chapter 40A on all appeals and petitions brought before it. § 198-8. Special Permit A. A special permit issued by a special permit granting authority (SPGA) as provided for in this chapter shall be required for certain uses permitted in specified districts. Such special permits may be issued for specific uses, which are in harmony with the general purpose and intent of this chapter and shall be subject to additional conditions, safeguards and limitations on time, space and use as the designated SPGA may reasonably require. A special permit shall not be issued by an SPGA for an excluded or prohibited use as defined in this chapter. The SPGA shall take into account the general purpose and intent of this chapter and, in order to preserve the community values, may impose conditions and safeguards deemed necessary to protect the surrounding neighborhood, in addition to the applicable requirements of this chapter, and shall not issue a special permit which shall appear to be detrimental to the public interest because: (1) It appears that the intent of the performance standards of § 198 -24 or other requirements of this chapter cannot be or will not be met. (2) Traffic generated or patterns of access and egress would cause congestion, hazard or substantial change in established neighborhood character. (3) The continued operation of or development of adjacent uses as permitted by this chapter would be adversely affected by the nature of the proposed use. (4) A nuisance or hazard would be created. (5) The specific proposal derogates from the intent and purpose of the chapter. B. No Special Permit shall be issued except following a Public Hearing within 65 days after filing of an application with the granting authority. Failure of the special permit granting authority to act within 90 days following said public hearing shall be deemed a grant of the application. A special permit granted under this section shall lapse if substantial use thereof or construction has not begun within two years, except for good cause. Zoning – Chapter 198 5 Rev. 5/1/10 § 198-9. Variances. The Zoning Board of Appeals may authorize upon appeal, or upon peti tion in cases where dimensional modifications are sought with respect to a particular parcel of land or to an existing building thereon, a variance from the terms of this chapter, where, owing to conditions specifically affecting each parcel or sucng, but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of this chapter would involve substantial hardship, financial or otherwise, to the appellant and where desirable relief may be granted without nullifying or substantially derogating from the intent or purpose of this chapter, but not otherwise. The Zoning Board of Appeals shall hold a public hearing in accordance with the provisions of Chapter 40A on all variance applications brought before it. § 198-10. Amendments. This chapter may from time to time be changed by amendment, addition or repeal by the Town Meeting in the manner provided in MGL c.40A, § 5, and any amendments therein. § 198-11. Validity The invalidity of any section or provision of this chapter shall not invalidate any other section or provision thereof. § 198-12. Applicability of greater restrictions Where the application of this chapter imposes greater restrictions than those imposed by any other regulations, permits, restrictions, easements, covenants or agreements, the provisions of this chapter shall control. § 198-13. When effective This chapter shall take effect when, following adoption by the town, it is approved by the Attorney General of the Commonwealth of Massachusetts and is published or posted as provided by law. Upon its effective date, it shall supersede the Zoning Bylaw and all amendments to it previously in effect. Article II Use and Intensity Regulations § 198-14. Establishment of districts. A. [Amended 3-28-1970 ATM by Art. 56; 5- 15-1976 ATM by Art. 69; 10- 7-1982 STM by Art. 14; 5- 10-1988 ATM by Art. 11; 5- 6-1995 ATM by Art. 24; 5- 3-1997 STM by Art. 15; 5- 2-1998 STM by Art. 26; 5- 1- 1999 ATM by Art. 8; 5-1-2010 ATM by Art. 32] The Town of Fairhaven is hereby divided into the following districts: Rural Residence Districts RR Single Residence Districts RA General Residence Districts RB Apartment/Multifamily Districts RC Park Districts P Business Districts B Industrial Districts I Agricultural Districts AG Nasketucket Overlay District NRB Floodplain Districts FP (Refer to § 198-28) Mixed Use District [Added 5-2-1998 MU STM by Art. 26] Wetland Resource Protection District WRP [Added 5-1-1999 ATM by Art. 8] Zoning – Chapter 198 6 Rev. 5/1/10 B. The boundaries of these districts are defined and bounded on the map accompanying this chapter and on file with the Clerk of the Town of Fairhaven entitled “Town of Fairhaven Zoning Map” as amended through May 1, 2010. That map, as clarified through measurements identified on plats on file with the Town Clerk’1 office, all explanatory matter thereon and all subsequent amendments to it are hereby made part of this chapter. C. Except when labeled to the contrary, boundary or dimension lines shown approximately following or terminating at streets, railroad or utility easement, center or layout lines, boundary or lot lines, or the channel of a stream shall be construed to be actually at those lines; when shown approximately parallel, perpendicular or radial to such lines shall be construed to be actually parallel, perpendicular or radial thereto. When not locatable in any other way, boundaries may be determined by scale from the map. D. Where a district boundary line divides any lot existing at the time such line is adopted, the regulations for any district in which the lot has frontage on a street may be extended not more than 20 feet into the other districts. § 198-15. Use regulations [Amended 5-4-1991 ATM by Art. 24] A. No building or structure shall be erected or used and no premises shall be used except as set forth in the Use Regulation Schedule. Symbols employed shall mean the following. Y A permitted use N An excluded use A A use authorized under special permit as provided for in §§ 198- 6, 198-7, 198-8, 198-15C and 198-16 and as otherwise specified within this chapter. B. Where an activity might be classified under more than one of the following uses, the more specific classification shall determine permissibility; if equally specific, the more restrictive shall govern. C. Special Permit uses. (1) The Planni ng Board shall be the SPGA for all use allowed by special permits within the Apartment/Multifamily [RC], Park [P], Wetland Resource Protection District [WRP], Business [B], Mixed Use (MU), Industrial [I] Districts and as otherwise specified in this bylawThe Zoning Board of Appeals shall be the SPGA for all uses allowed by special permits within the Rural Residence [RR], Single Residence [RA], General Residence [RB], Agricultural [AG] Districts and as otherwise specified in this bylaw.[Added 5-6-2006 ATM by Art. 9] (2) Where any proposed use, or expansion of a use otherwise permitted [Y] or authorized [A] in an Apartment/Multifamily [RC], Park [P], Wetland Resource Protection District [WRP], Business [B], or Industrial [I] District results in a requirement of a total of five (5) or more parking spaces for the previously existing and new demand combined pursuant to the provisions of § 198- 27 of this chapter, such use shall be deemed authorized by special permit granted by the Planning Board pursuant to the provisions of § 198- 29 of this chapter upon review by the Planning Board of the site development plan. [Added 5-4-1991 ATM by Art. 24; amended 12- 10-1992 STM by Art. 1; amended 5- 1-1999 ATM by Art. 8; amended 2- 11- 2004 STM by Art. 15, amended 5-6-2006 ATM by Art. 9] (3) The provisions of § 198- 29 shall apply to a change of use, to new construction and to the expansion of the gross floor area of a building existing before January 1, 1998 in the Mixed Use (MU) District as provided in § 198-27B(4). [Added 5-2-1998 STM by Art. 26; amended 2- 11-2004 STM by Art. 15, amended 5- 6- 2006 ATM by Art. 9] D. Wetland Resource Protection District. [Added 5-1-1999 ATM by Art. 8, amended 5-6-2006 ATM by Art. 9] (1) The Purpose of the Wetland Resource Protection District is to: (a) Promote development that is compatible with the sensitive environmental features of the designated Wetland Resource Protection areas. (b) To promote increased protection for wetland resource areas in town. 1 Editor’s note: The Zoning Map is included in a pocket at the end of this volume. Zoning – Chapter 198 7 Rev. 5/1/10 § 198-16. Use Regulation Schedule [Amended 3-18-1967 STM by Art. 6; 3-25-1967 ATM by Art. 54; 3-25-1967 ATM by Art. 56; 3-23- 1968 ATM by Art. 58; 3-22-1969 ATM by Art. 56; 3-28-1970 ATM by Art. 56; 3-28-1970 ATM by Art. 57; 3-28-1970 ATM by Art. 58; 9-14-1972 STM by Art. 19; 3-15-1973 ATM by Art. 76; 3-15- 1973 ATM by Art. 78; 6-20-1974 STM by Art. 7; 4-16-1975 ATM by Art. 57; 5-15-1976 ATM by Art. 69; 5-18-1976 ATM by Art. 68; 1-22-1977 STM by Art. 6; 5-14-1977 ATM by Art. 42; 5-13-1978 ATM by Art. 54; 5-13-1978 ATM by Art. 55; 5-10-1988 ATM by Art. 11; 5-9-1989 ATM by Art. 19; 5-4-1991 ATM by Art. 26; 12-10 1992 STM by Art. 1; 5-1-1993 STM by Art. 7; 5-6-1995 ATM by Art. 24, 11-6-1997 STM by Art. 20, 11-6-1997 STM by Art. 34, 11-6-1997 STM by Art. 35, 5-2-1998 STM; by Art. 26, 5-2-1998 STM; by Art. 29, 5-6-1998 ATM; by Art. 18, 5-8-1998 ATM by Art. 19, 5- 8-1998 STM by Art. 28; 11-23-1998 STM by Art. 22; 11-23-1998 STM by Art. 25, 5-1-1999 ATM by Art. 8; 5-5-2001 ATM by Art. 11, 5-1-2004 STM by Art. 11, 5-6-2006 ATM by ART. 8] Zoning – Chapter 198 8 Rev. 5/1/10 Use Regulation Schedule District Activity or Use RR & RA RB RC P B I AG MU 14 WRP 16 AGRICULTURAL USES Farm without Livestock Y Y Y Y Y Y Y Y Y GREEN HOUSE With retail sales Site under 5 Acres A A A A Y Y Y N N Site Over 5 Acres Y Y Y Y Y Y Y Y Y Wholesale only Site Under 5 Acres A A A A Y Y Y N N Site Over 5 Acres Y Y Y Y Y Y Y Y Y Roadside Stand (temporary) A A A A Y Y Y N N Roadside Stand (permanent) A A A N Y Y Y N N Livestock Raising*** Site Under 5 Acres Y* A N N N Y Y N Na a Site Over 5 Acres Y Y Y Y Y Y Y Y Y COMMERCIAL USES Animal Kennel or Hospital N** N N N A A A N N Business, Professional Office N N N N Y Y N Y N Funeral Home N N N N A A N A N Auto, Boat sales, rental, service N N N Y Y N N N Printing Shop N N N N Y Y N A N Bank N N N N Y Y N Y N Restaurant N N N N2 Y Y N Y A Retail sales or service, N N N N Y Y N Y Ab Wholesaling without storage N N N N Y Y N A N Wholesaling with storage N N N N A Y N N N Non-accessory signs N N N N Y Y N N N Launderettes N N N N Y Y N A N Limousine service A A N N Y Y A N N Drive-through Window N N N N A XX AXX N N N XXX Sexually oriented business [Added 11-23-1998 STM by Art 25] Adult Bookstore N N N N A A N N N XXX Adult ParaphXXXalia Store N N N N N A N N N Adult Video Store With Preview Booths N N N N N A N N N XXX Without Preview XXXths N N N N A A N N N Adult Motion Picture TheaterN N N N N A N N N Adult Motion Picture Arcade N N N N N A N N N XXX Adult CaXXXet N N N N N A N N N Adult Motel N N N N N A N N N Adult Theater N N N N N A N N N XXX Nude Model StudiXXX N N N N N A N N N Sexual Encounter Center N N N N N A N N N Museum A A A A A A A A A Conference meeting/facility N N N N Y 19 Y19 N A A Body Art Establishment N N N N A A N N N [Added 5-5-2001 ATM by Art 11] Zoning – Chapter 198 9 Rev. 5/1/10 Use Regulation Schedule District 14 16 Activity or Use RR & RA RB RC P B I AG MU WRP INDUSTRIAL USES Manufacturing, processing, resNarch N N N N Y N N N Bulk storage N N N N N Y N N N Contractor’s yard N N N N A Y N N N Earth removal A A A A A A N N N Junk yard N N N N N A N N N Transportation terminal N N N N A Y N N N Warehouses N N N N N Y N N N Radio transmission N N N N A Y A N N Steam laundry or dry-cleaning Nlant N N N A Y N N N Water towers and reservoirs Y Y Y Y Y Y Y N N INSTITUTIONAL USES Municipal use Y Y Y Y Y Y Y Y Y Religious use Y Y Y Y Y Y Y Y Y Nursery school/pre-school Y Y Y Y Y Y Y Y Y Other commercial schools A A A A Y Y A A Y Non-Profit Corporation EducatiYnal UsesY Y Y Y Y Y Y Y Religious Organization EducatiYnal UsesY Y Y Y Y Y Y Y Other schools Y Y Y Y Y Y A Y Y Cemetery Y Y Y Y Y Y N N N Crematoria A A A A A A A N N Hospital A A A A N N N N N Nursing, convalescent, rest hoAe A A A A A N A A Philanthropic institutions A A A A A A N A A Public utility with service arNa N N N N A A N N Public utility without serviceNarea A A A A A A N N Club or lodge A A A A Y Y N A Y Passenger station Y Y Y Y Y Y N A N Assisted Living Residence A A A N A N N A A Artist Studio or Gallery N N N N Y Y N A A Charter School for the Arts A A A A A A A A A Museum A A A A A A A A A RECREATIONAL USE Boatyard N N N N Y Y N A N 10 Camping, commercial N N N A N N N N N Camping, supervised Y Y Y Y Y Y N N N Golf course N N N Y Y Y Y N N Indoor commercial13ecreation N N N A A A N A N Non profit indoor recreation A A A A A A A A N Outdoor commercial recreation N N N A A A N A A Non profit outdoor recreation A A A A A A A A A Sportsman's club game preserveY Y Y Y Y Y Y N Y Public stables N N N Y Y Y N N Y Bath houses, commercial beacheA A A Y Y Y N A Y Commercial picnic area, outingAareas N N Y Y Y N A A Marina N N N A A A N A A Private Dock or Piers A A A A A A A A A Zoning – Chapter 198 10 Rev. 5/1/10 Use Regulation Schedule District 14 16 Activity or Use RR & RA RB RC P B I AG MU WRP RESIDENTIAL USES Dwelling Single family Y Y Y N N N Y Y Y Semidetached N Y Y N N N N N N Two-family N Y Y N N N N Y Y 9 Multifamily N N Y N N N N A N Non-family accommodations N A A N A A N A N Motel or hotel N N N N A A N A A Mobil home (stored or occupied) subject to § 198-28 A A A N N N N N N Dwelling conversion (subject toAthe A A N A A A A A provisions of § 198-32.1) Accessory apartment/inlaw apartAent A A N N N A Y Y Accessory apartment to a busineNs N N N A A N Y Y 12 12 Bed & breakfast home A A A N A A A A A OTHER PRINCIPAL USES Temporary structures Y Y Y Y Y Y N A A Airport, heliport N N N N N N A N N ACCESSORY USES Home occupation see § 198-23 Parking Not More Than: 2 non commer6ial vehicles per dwelling unit Y Y Y Y Y Y Y Y Y 1 commercial vehicles not over 1 1/2 tons Y Y Y Y Y Y Y Y Y Parking in excess of above N N N N N N N N N Taking of boarders Y Y Y N Y Y N Y Y 7 Signs Y Y Y Y Y Y Y Y Y Light manufacturing for retail sales primarily on premises A A A A Y Y N A N Storage of camper or utility trailer Y Y Y Y Y Y N N Other customary uses Y Y Y Y Y Y Y Y Y Wireless Communications FacilitAes A A N A A A A N Facade and Roof-Mount Antennas A A A N Y Y A Y N Commercial Wind Facility A A A A A A A A A Municipal Wind Facility Y Y Y Y Y Y Y Y Y Zoning – Chapter 198 11 Rev. 5/1/10 NOTES: * Except "A" in RA District. ** Except "A" in RR District. *** Any permit issued for livestock raising as defined shall be subject to approval by the Board of Health. X See § 198-25. XX The special permit granting authority for all drive -through windows shall be the Fairhaven Planning Board. [Added by Art. 22, 11-23-1998 STM] XXX Subject to the provisions of § 198-29.3, Sexually oriented businesses. [Added by Art. 25, 11-23-1998 STM] a Aquaculture facilities allowed by special permit. [Added 5-1-1999 ATM by Art. 8] b Provided that no individual retail business unit exceeds 5,000 square feet. [Added 5-1-1999 ATM by Art. 8] 1 See § 198-26. 2 Alcoholic beverages other than light wines and malt beverages shall not be served or sold in any form. 3 Provided it is an extension of and, except for intervening streets, contiguous to an existing cemee try. 4 Except those whose chief activity is one customarily on as a business. 5 Except that roller coasters, Ferris wheels, outdoor theaters, race tracks and similar large and noisy structures shall not be permitted. 6 Or four (4) non-commercial vehicles accessory to a single family house. 7 Subject to the provisions of § 198-26. [Amended 5-2-1998 STM by Art. 29] 8 Provided that it is not stored within a required front yard, and further provided that it is not occupied more than forty-eight (48) hours consecutively. Storage of a mobile home, whether occupied or not, or longer term occupancy of a camper requires a special permit from the Zoning Board of Appeals and is not considered a customary accessory use to a residential structure. 9 Subject to § 198-29. 10 See § 198-32. 11 Subject to § 198-32.2. [Amended 5-7-05 ATM by Art. 20] 12 Provided that the home has been legally used and occupied as a residential home for a minimum period of one year. 13 In RR, RA, and AG districts parking for 20 or more cars req uires a Planning Board special permit. 14 Mixed use buildings may contain any combination of uses that are allowed [Y] or allowed by special permit [A]. 15 Provided it is an extension of and contiguous to an existing cemetery; provided it is an extension o f and contiguous to an existing cemetery containing no less than 20 acres as provided for in MGL c 114 § 43D. All crematoria shall require a special permit of the Planning Board only. 16 Subject to the provisions of § 198- 29C the Planning Board as special permit granting authority may, by special permit, allow a use or combination of uses on a lot in the Wetland Resource Protection District provided that such use or combination of uses is either permitted or authorized by special permit in either the district in which the lot was last zoned or in the Mixed Use District. [Added 5-1-1999 ATM by Art. 8] 17 (Reserved) 18 (Reserved) 19 A Body Art Establishment shall not be located within 1,000 feet of an exterior property line of a school or church as determined by the Building Inspector [Added 5-5-2001 ATM by Art 11] Zoning – Chapter 198 12 Rev. 5/1/10 198-17. Intensity of use regulations. A. All buildings hereafter erected in any district shall be located on a lot such that all minimum requirements set forth in the following table are conformed with, except where specifically exempted by this chapter or General Law. B. No existing lot shall be changed in size or shape, except through a public taking or except where otherwise permitted herein, so as to result in violation of the requirements set forth b elow. [Amended 1-22-1977 STM by Art. 5] C. [Amended 3-16-1974 ATM by Art. 89; 1- 22-1977 STM by Art 5; 5- 4-1991 ATM by Art. 24] Exempt lots MGL. c. 40A § 6, exempts the following lots from current lot use, area and frontage requirements. (1) Single lot exemption for single family and two -family use. Any increase in area, frontage, width, yard or depth requirements of a zoning ordinance or bylaw shall not apply to a lot for single - and two-family residential use which, at the time of recording or endorsement, whichever occurs sooner, was not held in common ownership with any adjoining land, conformed to then existing requirements and has less than the proposed requirement but at least 5,000 square feet of area and 50 feet of frontage. (2) Common lot exemption for singl e- and two-family use. Any increase in area, frontage, width, yard or depth requirement of a zoning ordinance or by-law shall not apply for a period of five years from its effective date to a lot for single - and two-family residential use, provided that the plan for such a lot was recorded or endorsed and such lot was held in common ownership with adjoining land and conformed to the existing zoning requirements as of January 1, 1976, and contained at least 7,500 square feet and 75 feet of frontage, and provided that said five year period does not commence prior to January 1, 1976, and provided that the provisions of this sentence shall not apply to more than three adjoining lots held in common ownership. (3) Approval Not Required Plans (ANR) exemption. ANR pla ns referred to in MGL c.41 § 81P, when submitted to the Planning Board along with written notice to the Town Clerk and subsequently approved by the Planning Board, the use of the land shown on such plan shall be governed by the provisions of the zoning bylaw in effect at the time of submission to the Planning Board and for a period of three years from the date of endorsement by the Planning Board. (4) Definitive subdivision plans exemption. If a definitive plan, or a preliminary plan followed within seven months by a definitive plan, is submitted to a Planning Board for approval under the Subdivision Control 2 Law , and written notice has been given to the Town Clerk before effective date of a zoning bylaw, the land shown on such plan shall be governed by the provisions of the zoning bylaw in effect at the time of the first submission to the Planning Board, and when such definitive plan is approved for eight years from the date of the Planning Boards endorsement; plans submitted and approved by the Planning Board before January 3 1, 1976, for seven years from the date of Planning Board endorsement. D. Not more than one single-family, semidetached or two-family dwelling shall be erected on a lot. Not more than one principal building other than the above shall be erect ed on a lot unless each such building is served by access and utilities determined by the Building Commissioner to be functionally equivalent to those otherwise required for separate lots. Two or more principal buildings on a single lot, if listed as uses on separate rows in § 198-16, must each meet the minimum dimensional requirements of this section without counting any lot area twice. [Added 3-15-1973 ATM by Art. 75; amended 4-16-1975 ATM by Art. 58] 2 3Editor’s Note: See MGL c. 41 § 81K et seq. Editor’s Note: Former Section 2.4.4, which immediately followed this subsection, was deleted 3 -22-1969 ATM by Art. 56. Zoning – Chapter 198 13 Rev. 5/1/10 198-18 Intensity of use schedule. [Amended 3-22-1969 ATM by Art 56; 3-28-1970 ATM by Art 56; 3-30-1972 ATM by Art. 76; 9-14-1972 STM by Art. 20; 3-15-1973 ATM by Art 77; 3-15- 1973 ATM by Art 78; 5-10-1988 ATM by Art. 11; 11-29-1988 STM by Art. 2; 5-9-1989 ATMTM by Art. 19; 12-10-1992 STM by Art. 1; 5-6-1995 ATM by Art. 24, 11-6-1997 STM by Art. 19, 5-2-1998 ST4 by Art.26, 5-1-1999 ATM by Art. 8; 5-5-2001 ATM by Art. 13; 2-11-2004 STMM by Art. 14] Intensity of Use Schedule Minimum Lot Requirements RR RA & RB RC P B I AG MU WRP Lot Area 30,000 15,000 1 100,0002 100,000 15,000 50,000 50,000 ___ 3 100,000 (sq. ft.) Frontage at Street (ft.)140 100 200 200 100 140 200 100 140 Contiguous 24,000 13,500 70,000 70,000 14,250 35,000 35,000 50,000 upland Percent of 80% 90% 70% 70% 95% 70% 70% 50% minimum lot area NOTES: 1Increase fifty percent (50%) for permitted semidetached and two family dwellings. 2Multifamily dwellings require five thousand (5,000) sq. ft. per dwelling unit plus five hundred (500) sq. ft. per bedroom. 3In the Mixed Use District the minimum lot sizes shall be 15,000 square feet or that present as of January 1, 1998 whichever is less. 4 Editors Note: This article also provided that it shall apply to all new special permits subject to § 198 -29 applied for after January 4, 2001, as provided for in MGL c. 40A, § 6. It shall also apply to such special permits granted prior to January 4, 2001, as provided f or in MGL c. 40A, § 6, if the building permits authorized under such special permit are not issued prior to November 5, 2001. Zoning – Chapter 198 14 Rev. 5/1/10 Minimum Yard Requirements RR RA & RB RC P B I AG MU WRP Building setbacks Front (ft.), 6 30 20 504 50 __2 50 50 20 1, 2 20 4 5 3 5 Side (ft.7 20 10 254 25 __3 25 30 10 10 Rear (ft.) 30 30 50 50 __ 50 50 30 30 Maximum Building height (ft.) 35 35 40 40 40 40 35 40 35 Maximum Lot coverage (%) 10 25% 50% 50% 50% 70% 65% 25% 70% 50% 8 Maximum Building 15% 30% 25% 25% 25% 25% 10% 25% 25% coverage (%) 9 NOTES: 1 . No new bui lding need provide yards greater than the average of those existing or abutting lots on the same street. Front deck and/or porch setbacks may conform to the average setbacks of those existing on the same street. Corner or through lots shall observe frontyard requirements from both streets. 2. Front yard requirements established by Town Meeting votes recorded on plats on file in Town Clerk’s office. Minimum of 20 feet required if none specified. 3. When abutting a residence district, 10 feet. None requi red elsewhere, provided that access to rear of structure and space for any required off-street loading or parking can be gained by other means. 4. For multifamily dwellings, increase to not less than building height for any yard in which building width parallel to lot line exceeds 30 feet. 5. When abutting a residential use or district, increase to 50 feet; which shall contain no parking, but at least 10 feet of which shall contain densely planted tress (at least two inches in diameter) and shrubs (three feet high) unless existing vegetation is retained and provides equal screening for the purpose. 6 . A noncovered porch, deck or landing not exceeding 72 square feet, nor extending more than six feet into a required front yard, and attached to a principal building, shall be exempt from this requirement. This exemption applies only to zoning districts RR, RA , and AG. 7 A noncovered porch, deck or landing not exceeding 450 square feet, nor extending more than 15 feet into a required rear yard, and attached to a principal building, shall be exempt from this requirement. This exemption only applies to zoning districts RR, RA, and AG. 8. Building coverage shall be a maximum of 25%, total coverage of lot shall be 50% including building and all accessory uses such as parking etc. At least 50% of the lot shall remain in its natural state. [A-1-1999 ATM by Art. 8] 9. Maximum Building Coverage - See definitions Section 198-33. [Added 5-5-2001 ATM by Art. 13; Amended 2-11-2004 STM by Art. 14] 10. Maximum Lot Coverage - See definitions Section 198-33. [Added 5-5-2001 ATM by Art. 13; Amended 6- 8- 2002 ATM by Art. 5; Amended 2-11-2004 STM by Art. 14] § 198-19 Fences. [Added 3-22-1969 ATM by Art. 56] A. Corner lots shall provide visibility unobstructed at interections. No sign, fence, wall, hedge or other obstruction shall be allowed to obstruct vision between three and one-half (3 ½) feet and eight (8) feet above the street grade within an area formed by intersecting street lines and a straight line joinints on said street lines two (2) feet back from their point of intersection. B. No boundary fence, wall or hedge shall exceed six (6) feet in height, and noboundary fence, wall, hedge, or other landscape feature, which obstructs vision shall exceed forty -two (42) inches in height within any required front yard area or within twenty (20) feet of the street, whichever is the lesser requirement. [Amended 5-1-2010 ATM by Art. 31] Zoning – Chapter 198 15 Rev. 5/1/10 C. All fences shall be installed so that the finished side faces the abutting properties. § 198-20 Soil Removal. [Added 5-6-1989 STM by Art. 5] No loam shall be removed from any lot area or other area of a subdivision that is not outlined on the plan as a roadway, until specific building permits are issued for the specific lots involved. ARTICLE III GENERALREGULATIONS § 198-21. Nonconforming uses. The lawful use of any structure or land existing at the time of the enactment of this chapter may be continued although such structure or use does not conform with provisions of this chapter subject to the following conditions and exceptions. A. Abandonment. A nonconforming use which has been abandoned or discontinued for a period of two (2) years shall not be rees tablished and any further use shall conform with this chapter, except in cases of land used for agriculture, horticulture or floriculture where such nonuse shall have existed for a period of five (5) years. B. Alterations. A nonconforming structure may not i n any one (1) year be altered except as ordered by the Building Commissioner to make it safe, or repaired in any te-year period to the extent that the cost of such alterations exceeds fifty percent (50%) of the market value of the structure determined by the Building Commissioner at the time of the change. C. Extension. No increase in the area or extent of the nonconforming use of a structure or land may be made. D. Restoration. No nonconforming structure damaged by fire, storm or other causes to the extent oseventy-five percent (75%) of its replacement value as determined by the Building Commissioner shall be repaired or rebuilt except in conformity with this chapter, and further provided that such restoring shall be complete within two (2) years after such catastrophe. E. Changes. Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use. On special permit from the Zoning Board of Appeals, the use of the premises may be changed from one nonconforming use to another which is no more objectionable to the neighborhood. F. The construction of a building or operation of land use under a building permit or special permit shall conform to any subsequent amendment to the chapter adopted after the issuance of the permit unl ess such construction or operation commences within a six month period beginning with issuance of the building permit or special permit. § 198-22 Accessory buildings and uses. Buildings and uses, which are customarily incidental and subordinate to the uses allowed as permitted uses in any zone are allowed as accessory buildings and uses, except as expressly restricted or prohibited in this by-law. Accessory buildings and uses are subject to the provisions of this section. [Amended 3-23-1968 ATM by Art. 58; 12-10-1992 STM by Art. 1; amended 2-11-2004 STM by Art. 16] A. Accessory buildings and uses must comply with the following provisions: (1) No accessory building or use shall have more than 700 square feet of floor area; (2) No accessory building or use shall exceed 20 feet in height, or be higher than the principle building, whichever is lower; Zoning – Chapter 198 16 Rev. 5/1/10 (3) No accessory building or use shall be allowed in a required front yard or in the area between two lines drawn from the principle structure at its widest point to the lot frontage, and perpendicular to the frontage line of the lot, except that permitted signs or roadside stands may be located within a required front yard area; (4) No accessory building or use shall be closer than five (5) feet to any lot line and shall not be built over an easement; (5) Accessory buildings shall be built in accordance with building codes; (6) These provisions regarding accessory buildings shall not apply to barns or other agricultural structures that are used for agricultural purposes exempt under MGL c. 40A, §3; B. [Added 5-7-1988 STM by Art. 7] Structures for the keeping of animals. A structure, including an open pen or other enclosure designed, intended or used for the shelter or enclosure of one (1) or more animals, except where such structure is an allowed principal building, shall not be allowed except as follows: (1) It shall be located only in a rear yard and shall be no closer to any boundary line constituting frontage than the most distant point of the principal building from that boundary line. (2) It shall be located no closer than five (5) feet from any property line and twenty (20) feet from any dwelling or occupied structure. (3) It shall be constructed only upon application for a permit showing receipt of any necessary permission for the keeping of such animals from all applicable regulatory agencies. C. Activities necessary in connection with scientific, research, scientific development or related production shall be permitted as an accessory use by special permit in any district, provided that the special permit granting authority finds it does not substantially derogate from the public good [Added 2-9-1978 ATM by Art. 2; Amended 2-11-2004 STM by Art. 16] D. Swimming Pools. [Added 4-3-1971 ATM by Art. 80; Amended 2-11-2004 STM by Art. 16] (1) Swimming pools are a permitted accessory use. If having a depth of four (4) feet or more and a capacity of four hundred (400) cubic feet or more, they are considered structures and must comply w5th regulations of the Board of Health regarding minimum standards for residential swimming pools. (2) Every outdoor swimming pool considered to be a structure whether or not filled with water shall be completed surrounded at all times by a fence or wall not less than four (4) feet in height above grade, which wall may be pool wall itself. (3) Every such fence or wall shall be so constructed as to not have openings, holes or gaps larger than four (4) inches in any diameter, except for doors, gates and picket fences; in the latter case, however, the gaps between pickets shall not exceed four (4) inches. All primary enclosures shall be constructed of either a four-inch chain link fence or a solid stockade fence. [Amended 5-9-1989 ATM by Art. 19] (4) All gates or doors opening through such enclosures shallbe of not less than four (4) feet in height and shall be equipped with a self closing and self latching device located at least four (4) feet above the underlying ground and inaccessible from the outside to small children. Every such gate or door shall be kept latched at all times when the swimming pool is not in use and any ladders removed. (5) All swimming pools erected after adoption of these provisions must comply with them at the time of erection, and all existing swimming pools must comply not latter than July 1, 1972, § 198-21 notwithstanding. 5 Editors Note: See Ch. 475, Swimming Pools. Zoning – Chapter 198 17 Rev. 5/1/10 § 198-23. Home Occupations . [Amended 3-25-1967 ATM by Art. 55; 3-28-1970 ATM by Art. 57] A. Home occupations are permitted only if conforming to the following conditions: (1) The home occupation shall be accommodated within an existing structure without extension thereof. (2) No more than twenty-five percent (25%) of the floor area of the residence shall be used for the purpose of the home occupation. (3) Not more than one (1) person not a member of the household shall be em ployed on the premises in the home occupation. (4) There shall be no exterior display, no exterior storage of materials, no outside parking of commercial vehicles and no other exterior indication of the home occupation or other variation from the residential character of the principal building other than an unlighted sign not to exceed one (1) square foot area. (5) No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced. (See § 198- 24). (6) Traffic generated shall not exceed volumes normally expected in a residential neighborhood. (7) The parking generated shall be accommodated off street, but not more than two (2) parking spaces shall be located within a required front yard. B. [Amended 12-10-1992 STM by Art. 1] The following occupations are permitted as home occupations only on a special permit from the Zoning Board of Appeals: (1) Barbershop. (2) Beauty parlor. (3) Dancing instruction. (4) Building trades. (5) Appliance and electronic repairs. (6) Bed and Breakfast Home. An allowed use with a special permit, where required (see § 198-16) and shall be owner occupied. These types of establishments shall be limited to three (3) guest rooms per dwelling and shall also be subject to § 198-27B in regard to parking. [Added 5-4-1991 ATM by Art. 26] C. Occupations permitted as home occupations without necessity of a special permit include fine art studios, dressmaking, millinery, teaching of not more than four (4) pupils simultaneously (or in the case of musical instructor, of not more than a single pupil at a time), professional offices of a physician, dentist, lawyer, engineer, architect or accountant, public stenography, arts and crafts, telephone sales, office for telephone and correspondence of business otherwise conducted elsewhere, real estate office, photo studio or similar occupations. [Amended 12-10-1992 STM by Art. 1] D. The following occupations are not allowed as home occupations: tourist home, commercial stables or kennels, sale of articles not produced on the premises. Any occupation not covered under Subsections B and C is not to be considered a home occupation. [Amended 12-10-1992 STM by Art. 1] § 198-24 Noise, Litter and Smoke Standards No activity shall be permitted in any district unless it can be demonstrated its operation will be conducted that the following standards will be meet: A No noise, sound from public address or other amplification systems, vibration, odor or flashing shall be normally perceptible more than four hundred (400) feet from the premises if in an industrial district, more than one hundred (100) feet from the premises if in a business district and more than twenty (20) feet from the premises if in another district. B. Interferences originating in an industrial district shall not normally be perceptible more than one hundred fifty (150) feet within a business district, nor more than one hundred (100) feet within a residential district. Zoning – Chapter 198 18 Rev. 5/1/10 § 198-25 LLocation of Automobile Services [Amended 5-13-1978 ATM by Art. 55] A. No portion of the front or side lines of a public garage, automobile repair sh op, greasing station, storage battery, service station or gasoline filling station, or any of their appurtenances or accessory uses, shall hereafter be placed within fifty (50) feet of any residence district. No driveway to such premises shall be in any p art within fifty (50) feet of any residential district. No such premises shall have any driveway entrance or exit for motor vehicles within three hundred (300) feet of the property used by any public or private school, public library, church, playground or institution for the sick or dependent or for children under sixteen (16) years of age. B. Every filling station shall hereafter be located not less than fifteen (15) feet inside the building line, and no filling shall be done except into cars standing on the property of the filling station. C. A yard, building or other facility for the storage, display dismantling, junking or similar disposal or use of overage or wrecked motor vehicles shall be classed as an industrial use. Automobile services permitted as a commercial use shall include gasoline filling stations supplying fuel, oil and automobile accessories to motor vehicles, lubrication and minor repair services. D. Repairs requiring removal of motors transmissions differentials or similar major elements are permitted if within the building interior. Body work and painting are not allowed uses, nor external storage of more than six vehicles requiring repair. The exterior storage of any parts including tires, and used automotive parts is not a permitted use. § 198-26 SSign Regulations [Added 3-25-1967 ATM by Art. 56; Amended 3-16-1974 by Art. 91, RReplaced 5-2-1998 STM Art. 29] A. Authority. This section is adopted pursuant to the authority conferred upon the town by MGL c. 40A, MGL c. 93, § 29, and MGL c. 143, § 3. Nothing in this chapter shall be construed to abrogate the town’s control under MGL c. 87, § 9, governing signs placed on shade trees enforceable by the Tree Warden or the town’s control under MGL c. 85, § 8, governing signs placed within a public way enforceable by the Selectmen or under the Building Code. B. Purpose. The sign regulations section is designed to provide standards for the installation of signs so as to reduce traffic safety hazards, protect property values, promote economic development and encourage the creation of an aesthetic appearance along the street frontages in the Town of Fairhaven. The sign regulations, as set forth in this section, are designed to be both logical and equitable for the various uses and identification needs. These sign standards and regulations help to effectuate an aesthetic and safe street environment. Restrictions on type, location and size of signs protect the public from hazardous and distracting devices. C General Regulations (1) Regulations. No si gn permit or license shall be required for the signs listed in subsection C(2) of this section, provided that: (a) The sign is permitted in the zoning district in which the sign is placed; (b) The requirements for each sign listed in Subsection C(2) of this section are satisfied; and (c) The sign does not violate the provisions of Subsection C(3) of this section. (2) Signs exempt from permit and license requirements. (a) Balloons less than 24 inches in diameter. (b) Building markers and historic or comm emorative plaques are exempt from obtaining a permit and license. (c) Construction signs. One temporary freestanding construction sign or wall sign per project construction site is exempt from obtaining a permit and license on each street frontage of thproject, subject to the following conditions: Zoning – Chapter 198 19 Rev. 5/1/10  The construction sign shall not exceed 32 square feet.  The construction sign shall be a maximum of six feet in height for residential districts or 15 feet in height for other districts. (d) Flags, noncommercial. (e) Garage sale signs. (f) Home improvement/home construction/home remodeling signs are exempt from obtaining a permit and license, provided that:  There shall be only one such sign not exceeding 32 square feet in total surface area and f our feet in height for each lot. (g) Interior signs. (h) Murals. (i) Official signs and notices. (j) Political campaign signs.  Such signs shall be removed within 10 days following an election. (j) Political signs. (k) Public utility signs. (m) Real estate signs are exempt from obtaining a permit and license, provided that:  Real Estate Signs for single- or two-family residential dwellings or lots. [a] There shall be one sign per street frontage up to a maximum of two signs per lot. [b] Such sign shall be located on the lot for sale or lease. [c] Such sign shall not exceed six square feet (2) Real estate signs for all other uses. [a] General Provision. The real estate sign shall be located on the site for sale or for lease. [b] The site may elect one of the following options, subject to provisions of the clear view triangle area as defined in § 198.26G(1). (i) Incorporate the real estate sign into the permanent identification sign; or (ii) One real estate sign, not exceeding six square feet, shall be permitted per street frontage up to a maximum of two signs per site. The maximum height shall be six feet. [c] Real estate signs shall be included as part of the square footage calculations for permanent signs. (n) Residential name plates are exempt from obtaining a permit. (o) Window Signs. Signs within a retail display window or attached thereto, provided they do not exceed a maximum of 25% percent of any retail display window. 3. Signs Prohibited in all districts. (a) Signs which interfere with official signs and traffic control devices prohibited.  No person shall be permitted to place a sign which prevents the driver of a vehicle from having a clear and unobstructed view, from an adequate and safe distance, of any official sign or approaching or merging traffic. Zoning – Chapter 198 20 Rev. 5/1/10  No sign or sign structure shall be permitted which attempts or appears to attempt to direct the movement of traffic or which interferes with or obstructs the view of, or can be confused with, imitates, or resembles any official traffic sign, signal, or device.  No rotating beam, moving letter signs in which the letters change more often than once per hour, except for time or temperature, beacon or flashing illumination resembling any emergency light shall be used in connection with any sign display, unless the sign is a traffic control sign, a public utility sign or a public notice. (b) Interference with intersections prohibited. No sign or sign structure shall be located in such a manner as to materially impede the view of any street or highway intersection. (See § 198.26G(1), Clear view triangle.) (c) Signs on natural features and utility poles prohibited. No sign shall be permitted to be painted on, attached to or maintained upon utility poles, trees, shrubs, rocks o r other natural features, except that historical or commemorative plaques may be mounted in rocks, and that “No Trespassing”, “No Hunting” “Property Boundary” or “Ownership” signs may be mounted on trees, rocks, shrubs or other natural features. (d) Portable billboard not allowed except for grand openings and not to exceed seven calendar days. (e) Flashing Signs Prohibited. Flashing signs shall be prohibited. (f) Shimmering Signs Prohibited. Shimmering signs shall be prohibited. (g) Any sign emitting sound shall be prohibited. (h) Any off-site identification sign or advertising sign unless otherwise herein provided shall be prohibited. (i) Signs that exceed the requirements listed in the below. (j) Signs to which MGL c. 93 § 30, applies, displaying comm ercial messages, are prohibited (k) Signs not listed as permitted are prohibited. Any sign not identified as a permitted sign in § 198.26D of this Code is prohibited. (4) Free-standing signs, building identification signs, sign structures, poles and othe r related equipment that have been abandoned for more than two years shall be removed. (5) Illumination
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