Popular in Course
verified elite notetaker
Popular in Real Estate
This 212 page Document was uploaded by an elite notetaker on Tuesday December 22, 2015. The Document belongs to a course at a university taught by a professor in Fall. Since its upload, it has received 6 views.
Reviews for Harwich-Real-Estate-Zoning-Code
Report this Material
What is Karma?
Karma is the currency of StudySoup.
You can buy or earn more Karma at anytime and redeem it for class notes, study guides, flashcards, and more!
Date Created: 12/22/15
Chapter 325 ZONING ARTICLE I § 325-14. Supplemental regulations. General Provisions ARTICLE VI § 325-1. Title and authority. Area, Height and Bulk Regulations ARTICLE II § 325-15. Applicability of area, height Definitions regulatlons. d § 325-16. Tables of area and height and § 325-2. Word usage and definitions. regulautkns. § 325-17. Fences, walls or other ARTICLE III enclosures. Establishment of Zoning Districts § 325-18. Additional regulations. § 325-19. Height exceptions. § 325-3. Division of Town into districts. § 325-20. Stories for human use or § 325-4. Maps. occupation. § 325-5. Determining district § 325-21. Table 2, Area Regulations. boundaries. § 325-22. Table 3, Height and Bulk Regulations ARTICLE IV Interpretation and Application ARTICLE VII Sign Regulations § 325-6. Interpretation. § 325-7. Application. § 325-23. Purpose and scope. § 325-24. Relationship to other laws. ARTICLE V § 325-25. Definitions. Use Regulations § 325-26. Permit requirements. § 325-8. Applicability of use § 325-27. Signs allowed without regulations. permits. § 325-9. Permitted uses. § 325-28. Commercial, industrial and § 325-10. Prohibited uses in all zoning sinlu.snress § 325-29. Nonconforming signs. districts. § 325-11. Uses subject to other § 325-30. General requirements. regulations. § 325-31. Construction and § 325-12. Road construction maintenance. requirements for certificate of § 325-32. Sign area measurement. occupancy. § 325-33. Appeals. § 325-13. Table of Use Regulations. 325:1 04 - 15 - 2009 04/2009 Page 143 of 354 § 325-34. Violations and penalties. § 325-35. Severability. ARTICLE VIII Home Occupations § 325-36. Regulations for home occupations. ARTICLE IX Off-Street Parking and Loading Requirements § 325-37. Objective. § 325-38. Applicability. § 325-39. Off-stet parking schedule. or Reconstruction 325-66. § 325-40. Loading requirements. § 325-41. Location requirements. § 325-42. Design requirements. § 325-43. Landscape requirements. § 325-44. Special cases. ARTICLE X Administration and Enforcement § 325-45. Building Official. § 325-46. Other approvals required. § 325-47. Notice of violation. § 325-48. Violations and penalties. § 325-49. Board of Appeals. § 325-50. Petitions, applications and appeals. § 325-51. Special permits. § 325-52. Variances. § 325-53. Other requirements. § 325-54. Nonconforming structures uses. and § 325-55. Site plan approval. § 325-56. Conversion. 04/2009 uses. Permitted 325-107. § Definitions. 325-108. § § 325-1 HARWICH CODE § 325-2 Six Ponds District Harwich Center Historic District and Commercial Village Zoning District [HISTORY: Adopted by the Town Meeting of the Town of Harwich at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Amendments noted where applicable.] ARTICLE I General Provisions § 325-1. Title and authority. This bylaw shall be known and may be cited as the "Harwich Zoning Bylaw" which herein is called "this bylaw" and is adopted by virtue of and pursuant to the authority granted the Town by MGL c. 40A as now existing or hereafter amended (herein called the "Zoning Act"). ARTICLE II Definitions § 325-2. Word usage and definitions. For the purpose of this bylaw certain terms and words shall have the meaning given herein. Words used in the present tense include the future; the singular number includes the plural, and the plural includes the singular; the word "building," "structure," "lot," "land" or "premises" shall be construed as though follo wed by the words "or any portion thereof"; and the word "shall" is always mandatory and not merely directory. The word "person" includes a firm, association, organization, partnership, trust, or company as well as an individual. The word "used" or "occupied" includes the words "intended or designed or arranged to be used." The word "lot" includes the word "plot" or "parcel." ACCESS — The point from which one enters a property. ACCESSORY APARTMENT — See "dwelling, single-family, with accessory apartment." ACCESSORY BUILDING — A detached building th e use of which is customarily incidental and subordinate to that of the principal building and which is located on the same lot as that occupied by the principal building. ACCESSORY BUILDING, RESIDENTIAL — A detached structure located on the same lot with the principal structure to which it is accessory. Such structures include, but are not limited to, a toolshed, boathouse, playhouse, shelter for domestic pets, private swimming pool and one private garage for not more than thre e automobiles. A residential accessory building may contain bedrooms. ACCESSORY USE — A use incidental and subordinate to the principal use of a structure or lot. ADDITION/EXTENSION — Any construction, reconstruction, or other action resulting in a change in the structural parts or height, number of stories, size, use or location of a structure. 325:4 04 - 15 - 2009 04/2009 Page 146 of 354 § 325-2 ZONING § 325-2 ADULT ENTERTAINMENT — Refer to Article XIII. AGRICULTURE USE — The commercial raising of agricultural crops and/or livestock and horticultural and floricultural products on the same lot or abutting lots in the same ownership. Necessary structures and storage of equipment used on the premises are included. ALTERATIONS — Changes in the interior or ex terior of a building but without changing the exterior dimensions. ANIMAL HOSPITAL — A place where animals or pets are given medical or surgical treatment by or under the supervision of a veterinarian and boarding is short-term care incidental to hospital use and care. ANIMAL KENNEL, COMMERCIAL — A commercial establishment for the raising, boarding, breeding and/or training of sm all domestic animals (dogs, cats, etc.). ANIMAL KENNEL, RESIDENTIAL — The keeping of more than four small domestic animals as pets and not for commercial purposes. AQUACULTURE USE — The science, art, and busi ness of cultivating marine or freshwater food fish or shellfish, such as oysters, clams, salmon, and trout, under controlled conditions. ASSISTED LIVING FACILITY — A residential facility for the elderly or disabled that provides rooms or individual apartments, meals, personal care, and supervision of self-administered medication. It may also have communal dining facilities and services such as housekeeping, organized social and recreational activities, transportation service, and other support services appropriate for the residents. AUTOMOTIVE SERVICE AND REPAIR FACILITY — Any premises upon which the business of maintenance, serving, repair, or painting of vehicles is conducted or rendered, without the dispensing or sale of vehicular fuels. BED-AND-BREAKFAST — A residence where an owner/occupant in his home provides lodging and a morning meal to no more than five transients for compensation. A bed-and-breakfast shall not be considered a home occupation. BEDROOM — Any room used or intended to be used for sleeping purposes. For the purpose of determining the number of bedrooms in a proposed multifamily dwelling unit, all rooms which meet the minimum size requirements for ha bitable rooms under this bylaw other than a kitchen, bathroom and living/dining room shall be considered as bedrooms. BOARD — Where appropriate to the context, the term "Board" shall include the Board of Appeals or Planning Board of the Town of Harwich. BOAT STORAGE — The commercial storage of boats and watercraft. This excludes repair and maintenance, sales and service. See "marine use." BUILDING — A combination of any materials, whether portable or fixed, having a roof or similar covering, to form a structure for the shelter of persons, animals or property. CHURCH OR OTHER RELIGIOUS USE — Any structure or use entitled to the religious exemption set forth in MGL c. 40A, § 3. 325:5 04 - 15 - 2009 04/2009 Page 147 of 354 § 325-2 HARWICH CODE § 325-2 CLUSTER DEVELOPMENT — Open space residential development as defined herein. COMMON OPEN SPACE — Open space created within an open space residential development which is designated to be held and maintained by a homeowners' association, conveyed to the Town, or conveyed to a private land conservation organization. "Common open space" shall not include open space which may be established on individual building lots. CONSTRUCTION INDUSTRY — A premises, other than a construction site on which a building permit is issued, which is used by a building contractor or any other tradesman or landscaper for the fabrication of subassemblies or the storage of supplies or equipment. DEMOLITION — The act or process of wrecking, destroying or removing, temporarily or permanently, 50% or more of an existing structure. Demolition of a structure requires a demolition permit from the Building Department. Should the Building Official approve less than 50% of a structure for removal, and should the remainder of the structure, following an inspection by the Building Official, be found to not be structurally sound, the Building Official may authorize the removal of the rema inder of the structure without issuance of a demolition permit. In no case, however, should the rebuilt portion be built outside the footprint of the remainder of the structure. DORMITORY — A building or space in a building where group sleeping accommodations are provided for persons not members of the same family group in one room or in a series of closely associated rooms under joint occupancy and single management, as in college dormitories, fraternity houses, military barracks and ski lodges, with or without meals, but without individual cooking facilities. DRIVE-UP OR DRIVE-THROUGH WINDOW — Any use which provides goods or services to customers at exterior stations, fixed or transient, roofed or unroofed, that are accessible by motorized vehicles. This definition shall not apply to food sales, which are defined separately. DWELLING, MULTIFAMILY — A detached building containing three or more dwelling units, including an apartment house, garden apartment house, townhouse or row house. DWELLING, SINGLE-FAMILY — A single, separate dwelling unit designed for occupancy by one family only. DWELLING, SINGLE-FAMILY, WITH ACCESSORY APARTMENT — An owner-occupied building containing two dwelli ng units, one of which has a net floor area not exceeding 1/3 of the net floor area of the building, but in no event more than 600 square feet, and includes not more than one bedroom, a kitchen, living room and bath which are separate from and not used in common with the principal dwelling, and at least one wall (at least eight linear feet in length) of living space for both the principal dwelling and the apartment is common to both dwelling units. For the purpose of this definition, such dwelling shall be deemed to be owner-occupied if either dwelling unit is occupied by the property owner of record on a year-round basis, except for bona fide temporary absence during which the owner's unit is not rented. 325:6 04 - 15 - 2009 04/2009 Page 148 of 354 § 325-2 ZONING § 325-2 DWELLING, TWO-FAMILY — A building containing two dwelling units, whether side by side, over each other or in any other combination, provided that there is a common roof or a series of roofs connecting the dwelling units. DWELLING UNIT — A building or portion thereof consisting of one or more rooms containing cooking and sanitary facilities and designed for human habitation by one family independent of other facilities. EDUCATIONAL USE, FOR-PROFIT — Any building or part thereof which is designed, constructed or used for education or instruction in any branch of knowledge. EDUCATIONAL USE, NONPROFIT — Any structure or use entitled to the education exemption set forth in MGL c. 40A, § 3. ESSENTIAL SERVICES — Services and appurtenant structures, facilities, uses or equipment provided by governmental agencies, including the Town of Harwich, or provided by public utility or public service companies, including but not limited to water distribution systems, Town-owned marinas, docking areas, fish piers, off-loading facilities, retaining walls, jetties and similar structures, gas and electric distribution, systems for telecommunications and sewerage systems. FAMILY — One or more persons living as a single, nonprofit housekeeping unit. FILLING STATION — Any building, land area, or other premises, or portion thereof, used for the retail dispensing or sales of vehicular fuels and oil. FISH PROCESSING FACILITIES — Establishme nts engaged in the business of cleaning, cutting, cooking, shucking, block freezing or packing sea foods for sale primarily at wholesale, but not excluding retail, but not including packing of fish in connection with off-loading of fishing vessels. FLOOR AREA, NET — The sum of the areas of the several floors of a building, measured from the exterior faces of the walls, but not including cellars, unenclosed porches, attics not used for human occupancy, or any floor space in accessory buildings or in the principal building designed for the parking of motor vehicles in order to meet the parking requirements of this bylaw. FOOD SALES WITH DRIVE-UP OR DRIVE-THROUGH FACILITIES — Any use which provides food products to customers at exterior stations, fixed or transient, roofed or unroofed, that are accessible by motorized vehicles. This term shall not include food service establishments where customers park their vehicles in designated parking spaces and access exterior food service tables, stations, windows, or counters without their vehicles. FRONTAGE — The boundary of a lot coinciding wi th a road, street or way as defined in this bylaw. GUESTHOUSE — A building in which living space, with or without common cooking facilities, is let for compensation to four or fewer persons, but not including a hotel or motel. HEIGHT — The height of a building or structure above ground level, computed by averaging the distance between the lowest grade point at the base of the structure and the top of said 325:7 04 - 15 - 2009 04/2009 Page 149 of 354 § 325-2 HARWICH CODE § 325-2 structure and the distance between the highest grade point at the base of the structure and the top of said structure. HOME OCCUPATION — A business, trade or profession, exclusive of real estate offices, firms or establishments, conducted in the propri etor's legal residence or within an accessory building. HOSPICE — A facility designed to provide a caring environment for supplying the physical and emotional needs of the terminally ill. HOSPITAL — A building providing inpatient servic es used for diagnosis, treatment or other care of human ailments, including a sanitarium, sanatorium, rest home, nursing home and convalescent home. Not to be interpreted to include a doctor's office (see "medical clinic"). HOTEL — A building or complex of buildings containing 13 or more units providing transient lodging, food and other related serviceswithin which access to the individual units is provided by common interior corridors. The individual units do not have cooking facilities. HOTEL OR MOTEL, INCIDENTAL USES TO — Uses, including but not limited to stores selling dry goods, apparel and accessories, gifts, notions, photo supplies, and personal and health care supplies, personal services, travel agency, car rental office, tennis courts, swimming pools, restaurant, private pool or beach club, which are incidental to a hotel or motel use. INN — A building or complex of buildings containing at least five but no more than 12 units providing transient lodging accommodations, and may include food service. Rooms are primarily accessed from within a central structure. The individual units do not have cooking facilities. INSTITUTIONAL USE, OTHER — A public service use operated by a nonprofit corporation or organization which is not entitled to exemption from zoning requirements as set forth in MGL c. 40A, § 3. LODGING HOUSE — A building in which five to 10 units, with or without cooking facilities, are let for compensation on a long-term transient basis, but not including a hotel, inn or motel. LOT — A parcel of land described in a deed or shown on a plan of land. For the purpose of this bylaw, any lot hereafter laid out to be buildable must contain contiguous upland area totaling at least 100% of the minimum lot area requirement for the zoning district in which the land is situated as established by this bylaw. The term "upland" shall mean any land area not subject to the provisions of the Wetlands Protection Act, MGL c. 131, § 40, as amended. LOT, CORNER — A lot at the intersection of two or more intersecting roads, streets or ways, or abutting a curve in a road, street or way, provided that the angle of the intersection is less than 135° or, in the case of a lot abutting a curve in the road, street, or way, the radius of said curve is less than 150 feet. LOT DEPTH — The mean horizontal distance between the front lot line and the rear lot line. 325:8 04 - 15 - 2009 04/2009 Page 150 of 354 § 325-2 ZONING § 325-2 MANUFACTURING — A use involving the processing, assembling, or packaging of previously prepared or refined materials. MARINE USE — A commercial or industrial activity serving or deriving its nature from watercraft, including but not limited to boat repair or maintenance, sales and service of watercraft, motors, electronics, and other goods or services associated exclusively with watercraft. This may include dispensing of marine fuels. See "boat storage." MEDICAL CLINIC — A facility for providing medical treatment on an outpatient basis. MEMBERSHIP CLUB — A building used to house a nonprofit social, sports or fraternal association or organization, not connected or associated with any business, which is used exclusively by members and their guests and usually contains bar facilities. MIXED-USE DEVELOPMENT — See § 325-51M. MOTEL — A building or complex of buildings providing transient lodging accommodations with separate outside entrances for each unit. The individual units do not have cooking facilities. MUNICIPAL USE — A use, whether in a structur e and/or on a parcel of land, owned and/or operated by the Town of Harwich. NONSANITARY WASTEWATER TREATMENT FACILITY — A. Any wastewater treatment or disposal works subject to 314 CMR 5.00 for wastewater other than sanitary sewage, except the following: (1) The replacement or repair of an existing system(s) that will not result in a design capacity greater than the design capacity of the existing system(s). (2) Treatment works approved by the Mass achusetts Department of Environmental Protection and the Harwich Board of Health designed for the treatment of contaminated groundwater or surface water. (3) Publicly owned treatment works. B. Note: Readers are encouraged to contact th e Harwich Water or Health Department for the most current version of the above Code of Massachusetts Regulations (CMR) section as such regulations are subject to frequent amendment. NURSING HOME — A privately or publicly operated establishment providing maintenance and personal or nursing care for persons (as the aged or the ill) who are unable to care for themselves. OPEN SPACE — The area within an open space residential (or cluster) development which shall not be developed for any purpose other than recreational or agricultural use pursuant to other requirements of this bylaw, provided that the natural or installed vegetation may be maintained through mowing, trimming, and removal of dead or diseased specimens. Open space may be designated on portions of building lots within an open space residential development to achieve some of the design objectives of this bylaw but shall be distinct from common open space. 325:9 04 - 15 - 2009 04/2009 Page 151 of 354 § 325-2 HARWICH CODE § 325-2 OPEN SPACE RESIDENTIAL DEVELOPMENT — An optional form of development of single-family dwelling subdivisions that permits lots with lesser area and frontage than conventional development, provided that there is no increase in the number of lots that would be permitted under a conventional development, as provided in § 325-51E(2), and the balance of the land not included in single-family building lots is set aside as permanent open space. Open space residential development is synonym ous with the concept of cluster development set forth in MGL c. 40A, § 9. Open space resi dential development shall require both a special permit and definitive subdivision approval from the Planning Board. OUTSIDE DISPLAY FOR RETAIL SALES — The out door display of goods sold on the premises for retail sale, provided that the goods are not located within required setbacks for the zoning district or in the public right-of-way. OUTSIDE STORAGE — The open storage of constr uction, manufacturing, service wholesale equipment, materials, junk or heavy motorized equipment of any type or open storage of unregistered motor vehicles, automobiles or other vehicles. OVERLAY DISTRICT — A specifically delineated area that overlays an existing zoning district and provides for specific regulations and requirements. Overlay districts in Harwich include: A. Drinking Water Resource Protection District. See § 325-41C. B. Elderly Affordable Housing. See Article XII. C. Harwich Center Overlay District. See § 325-51O. D. Personal Wireless Service Overlay District. See Article XI. E. Six Ponds Special District. See Article XVI. F. Village Commercial Overlay District. See § 325-51L. PARKING LOT/GARAGE, COMMERCIAL — A structure or designated area used for the parking and storage of motor vehicles that is operated as a business and open to the public for a fee. PARKING SPACE — An off-street space, whethe r inside or outside a structure, for exclusive use as a parking stall for one motor vehicle. PERMIT GRANTING AUTHORITY — The Board of Appeals established hereunder shall be the permit granting authority. PERSONAL SERVICE ESTABLISHMENT — An establishment primarily engaged in providing services involving the care of a person or his or her apparel. These uses include, but are not limited to, beauty shops, barbershops, shoe repair, etc. PERSONAL WIRELESS SERVICE FACILITY — Facility for the provision of personal wireless services, including antennas, telecommunication equipment, communications towers, monopoles and/or other support structures, incl uding existing and proposed structures having personal wireless services devices attached thereto as accessory uses, installed and operated for the purpose of providing personal wireless services. Note: Please refer to Article XI, 325:10 04 - 15 - 2009 04/2009 Page 152 of 354 § 325-2 ZONING § 325-2 Personal Wireless Service Facilities, of this bylaw for additional definitions that are specific to personal wireless service facilities. PROFESSIONAL OR BUSINESS OFFICE — An office or place of business where professional or business services are offered and do not involve the sale of goods or the keeping of a stock-in-trade. RECREATION AND AMUSEMENT SERVICES — Establishments engaged in providing amusement, entertainment, sports or leisure time activities or facilities for a fee or admission charge. REPAIR SERVICE, MISCELLANEOUS — Any premises upon which the business of maintenance, serving, repair, or painting of equipment or goods, other than motorized vehicles, is conducted or rendered. RESTAURANT, FAST-FOOD/TAKEOUT — An establishment offering prepared food service in paper, plastic or other containers which can be removed from the premises, whether or not seating is available to patrons. This definition does not apply if such food is offered as wholly incidental to a conventional restaurant operation or retail food service. All such uses that preexist this bylaw will be required to file for a special use permit and a site plan special permit or waiver within 12 months of the effective date of this bylaw. RESTAURANT or LOUNGE — An establishment where food and drink are prepared, served and consumed primarily on the premises. RETAIL SALES — The selling of goods or merchandise to the general public and providing services incidental to the sale of such goods. ROAD, STREET or WAY — A. For the purpose of subdivision control, a road, street or way is defined as follows: (1) A public way or a way which the Clerk of the Town certifies is maintained and used as a public way; (2) A way shown on a plan heretofore approved and endorsed in accordance with the Subdivision Control Law; 1 or (3) A way in existence when the Subdivision Control Law became effective in the Town (June 6, 1951) having, in the opinion of the Planning Board, sufficient width, suitable grades and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land abutting thereon or served thereby and for the installation of municipal services thereon. B. For the purposes of determining any building or other setback requirements of this bylaw, "road," "street" or "way" is defined as follows: 1. Editor's Note: See MGL c. 41, §§ 81K to 81GG. 325:11 04 - 15 - 2009 04/2009 Page 153 of 354 § 325-2 HARWICH CODE § 325-2 (1) As described (defined) in Subsection A above. (2) Any alley, right-of-way, lane, court, square, place or like area of passage which is a matter of public record. SCIENTIFIC RESEARCH OR DEVELOPMENT — An activity or accessory activities that are necessary in connection with scientific research or scientific development or related production. SEASONAL USE — A temporary use or occupancy on an intermittent or short-term basis, primarily during the summer months and/or weekends, the total time of which use shall constitute less than six months during any one calendar year. SELF-STORAGE FACILITY — A building or bui ldings made up of smaller individual storage units for the keeping of goods and property for lease or rent and does not include outside storage on the premises. SHARED HOUSING FOR THE ELDERLY — A dw elling unit which contains not more than six bedrooms and not more than six occupa nts who shall and must be 65 years of age or older and may have separate sanitary facilities but share common living space and kitchen facilities. SIGN — Refer to Article VII. SIGN, SURFACE AREA OF — Refer to Section VII. SITE COVERAGE — The aggregate coverage of an individual site by buildings, parking areas and driveways (regardless of surface material), pools, decks and other permanent structures and all impervious surfaces. For the purpose of this definition, the site shall be considered the portion of the subject parcel whic h lies within the zoning district wherein the proposed use is allowed. SPECIAL PERMIT GRANTING AUTHORITY — The Planning Board established pursuant to MGL c. 41, § 81A shall be the special permit granting authority in any case where this bylaw requires such permit for erection of multifamily dwellings, cluster developments, hotels and motels, structures (except those dedicated to single-family, religious, or educational uses) having a gross floor area of more than 7,500 square feet or requiring 20 or more new parking spaces, site plan special permits, all uses requiring special permits in the Drinking Water Resource Protection District, retail sales of gasoline, adult entertainment, or personal wireless service facilities. The Board of Appeals established hereunder shall be the special permit granting authority for all other such permits, including special permits to change, alter, or extend a nonconforming use. STABLE OR RIDING RING, COMMERCIAL — The commercial housing of four or more horses by means of rental of stalls and/or stables and/or the use of property for the purposes of horseback riding lessons, horse training and similar uses. It does not include the breeding of horses, which is considered an agricultural use. STORAGE TRAILER/CONTAINER — A structure standing, which may be on wheels, that is towed or hauled by another vehicle and used for the storage of goods and/or equipment. 325:12 04 - 15 - 2009 04/2009 Page 154 of 354 § 325-2 ZONING § 325-2 STRUCTURE — A combination of materials assembled at a fixed location to give support or shelter, such as a building, bridge, trestle, tower, framework, retaining wall, tank, tunnel, tent, stadium, pool, reviewing stand, platform, bin or the like. TOXIC OR HAZARDOUS MATERIALS — Include residual oil, hydrocarbon products, including but not limited to gasoline, fuel and diesel oil, and any other substances classified or controlled as toxic, caustic, corrosive, radioactive or infectious pursuant to the provisions of MGL c. 21C. TRAILER — Any vehicle which was originally or is still immediately portable or mobile and is arranged, intended, designed, or used for sleeping, eating, or business, or is a place in which persons may congregate, including a mobile home, house trailer, or camper. Such vehicle which is no longer immediately portable by virtue of having its wheels removed or skirts attached still shall be considered a trailer for the purpose of this bylaw. UNIVERSAL ACCESSIBLE PARKING SPACE — A parking space 21 feet in length and 11 feet wide, with an adjacent access aisle five feet in width, which is dedicated to parking for appropriately identified vehicles owned or op erated by disabled people and so indicated by appropriate signage and pavement markings. USE, PRINCIPAL — The main or primary purpose for which a structure or lot is designed, arranged or intended or for which it may be used, occupied or maintained under this bylaw. WAREHOUSING — The storage of goods and materials by the owner of the goods or operated for a specific commercial establishment or group of establishments in a particular industrial or economic field, which shall not incl ude the bulk storage of nuclear or radioactive products and/or toxic waste chemicals. Such us e may include the transportation of such goods or materials by motor freight. WHOLESALE TRADE — A business or establishment primarily engaged in selling merchandise to retailers, to industrial, commercial, institutional, or professional business users, or to other wholesalers, or buying merchandise for, or selling merchandise to, such individuals or companies. YARD, FRONT — Any yard abutting a road, street or way. YARD, REAR — The yard abutting adjoining property opposite or approximately opposite the front yard or yards. YARDS — Those portions of a lot abutting adjoining lots, roads, streets or ways which may not be built or encroached upon except as hereinafter provided. YARD SALE — A means of disposing of used pe rsonal property by a householder or several householders who originally acquired the property for personal household use and not for the purpose of sale or resale at a profit. YARD, SIDE — A yard other than a front or rear yard. YEAR ROUND — For permanent use or occupancy, the total time of which shall constitute more than six months during any one calendar year. 325:13 04 - 15 - 2009 04/2009 Page 155 of 354 § 325-3 HARWICH CODE § 325-4 ARTICLE III Establishment of Zoning Districts § 325-3. Division of Town into districts. The Town of Harwich, Massachusetts, is herebydivided into zoning districts, designated as follows: Residential - Rural Estate RR Residential - Low Density RL Residential - Medium Density RM Residential - High Density 1 RH-1 Residential - High Density 2 RH-2 Residential - High Density 3 RH-3 Commercial - Highway 1 CH-1 Commercial - Highway 2 CH-2 Commercial - Village CV Industrial - Limited IL Multifamily Residential - Low Density MRL Multifamily Residential - Low Density 1 MRL-1 Elderly Affordable Housing EAH Drinking Water Resource Protection DistricWR Six Ponds Special District Personal Wireless Service Overlay DistrictPWS Village Commercial Overlay District Harwich Center Overlay District § 325-4. Maps. A. The location and boundaries of the zoning districts are hereby established as shown on a map titled "Zoning Map of the Town of Harwich, Massachusetts," dated August 1972, which accompanies and is hereby declared to be a part of this bylaw. The authenticity of the Zoning Map shall be certified by thesignature of the Town Clerk and imprinted Town Seal, together with the words: "This is to certify that this is the Zoning Map referred to in Article III of the Zoning Bylaw of the Town of Harwich, Massachusetts," together with the effective date of this bylaw. B. The Drinking Water Resource Protection Districts established hereunder are shown on a map titled "Drinking Water Resource Protection District and Approved Zone II Delineations, Harwich, Massachusetts," dated December 1997, scale: 1:12,000, which map is on file in the office of the Town Clerk, the authenticity of said map to be established in the same manner as provided above for establishing the authenticity of the Zoning Map. 325:14 04 - 15 - 2009 04/2009 Page 156 of 354 § 325-4 ZONING § 325-6 C. The Personal Wireless Service Overlay Districts established hereunder are shown on a map titled "Town of Harwich Personal Wireless Service Facilities Overlay District Map," dated January 13, 1998, scale: 1:12,000, which ma p is on file in the office of the Town Clerk, the authenticity of said map to be established in the same manner as provided above for establishing the authenticity of the Zoning Map. D. The Zoning Map of the Town of Harwich is hereby amended to include the EAH District as shown on a sketch plan, a copy of which is on file in the office of the Town Clerk, dated February 25, 1999. § 325-5. Determining district boundaries. Where any uncertainty exists with respect to the boundary of any district as shown on the Zoning Map, the following rules apply: A. Where a boundary is indicated as a road, street, alley, railroad, watercourse or other body of water, it shall be construed to be the side line thereof, or where such boundary approximates a Town boundary, then to the limits of the Town boundary. B. Where a boundary is indicated as following ap proximately or parallel to a street, alley, railroad, watercourse, or other body of water, it shall be construed to be parallel thereto and at such distance from the side line, or mean high-water line, thereof as shown on the Zoning Map. C. Where any uncertainty exists concerning the location of the boundary of the Drinking Water Resource Protection District, the precise location of the boundary line on the ground shall be determined by on-site inspection and testing by the Town or, at the option of the Town, by a professional geologi st or hydrologist approved by the Town. The purpose of this testing will be to determine location and extent of an aquifer or recharge area and to establish the boundary line of the district accordingly. Any costs of inspecting, testing and surveying to determine the boundary location shall be borne by the property owner, who shall have the burden of establishing to the satisfaction of the Town the precise district boundary location. ARTICLE IV Interpretation and Application § 325-6. Interpretation. The provisions of this bylaw shall be interpreted to be the minimum requirements adopted for the promotion of the health, safety, morals and the general welfare of the Town of Harwich, Massachusetts, and, except for the Zoning Bylaw approved by the Attorney General on June 6, 1951, and all subsequent amendments thereto, the provisions of this bylaw are not intended to repeal, amend, abrogate, annul, or in any way impair or interfere with any lawfully adopted bylaw, covenants, regulations or rules. Whenever the regulations made under the authority hereof differ from those prescribed by statute, bylaw or other regulation, that provision which imposes the greater restrictions or the higher standard shall govern. 325:15 04 - 15 - 2009 04/2009 Page 157 of 354 § 325-7 HARWICH CODE § 325-7 § 325-7. Application. Except as herein provided or as specifically exempted by the Zoning Act, the provisions of this bylaw shall apply to the erection, construction, reconstruction, alteration or use of buildings and structures and to the use and creation of lots. As provided herein and in the Zoning Act, existing uses and structures la wfully established or constructed which do not comply with the provisions of this bylaw may continue as nonconforming. A. Existing lots lawfully laid out by plan or deed which complied at the time of layout with applicable provisions of zoning bylaws, if any, may be built upon for single-family residential purposes, provided that: (1) Said lots have 75 feet of frontage and 10,000 square feet of area; (2) The buildings to be located thereon are set back at least 10 feet from side and rear lot lines and at least 25 feet from stre et lot lines and the buildings to be constructed on said lot will not exceed the maximum site coverage restrictions of the zoning bylaw in effect when the lot was created or, if no such restrictions applied, coverage of buildings shall not exceed 35% of said lot for lots between 10,000 square feet and 15,000 square feet and 25% for lots over 15,000 square feet; (3) Said lots are buildable under other applicable provisions of the law; and (4) If said lots are shown on a subdivision plan as defined in the Subdivision Control Law, 2which plan has been approved by the Planning Board, the roads shown on such plan have been installed in accordance with Planning Board requirements, if any, in effect at the time the plan was submitted to the Planning Board and a release of the road covenant or release of other security, if any, has been obtained from the Board prior to five years from the date of endorsement of approval or prior to the lots becoming nonconforming, whichever occurs later. B. Existing lots lawfully laid out by plan or deed which complied at the time of layout with applicable provisions of zoning bylaws, if any, and which had as of January 1, 1984, a single-family dwelling constructed thereon may, by alteration or addition to said existing dwelling, be converted to a single-family dwelling with accessory apartment as herein defined, provided that: (1) The lot area equals 20,000 square feet if situated in an RR, RL or RM District, 15,000 square feet if situated in an RH -1, CV, CH-1 or MRL District. Substandard lots in other zoning districts cannot be built upon or converted to this use without a variance. (2) The lot has frontage of at least 100 feet. (3) If an addition is to be built in conn ection with development of said use, the addition will be set back from front, side and rear lot lines the distance then required in the zoning district for new construction. 2. Editor's Note: See MGL c. 41, §§ 81K to 81GG. 325:16 04 - 15 - 2009 04/2009 Page 158 of 354 § 325-7 ZONING § 325-7 C. Existing lots in a CH-1 District which complied at the time of layout with applicable provisions of zoning bylaws, if any, may be used for single-family residential purposes as set forth above and may be used for nonresidential purposes as established in the Table of Use Regulations, 3provided that: (1) Said lots have 100 feet of frontage and 10,000 square feet of area; (2) The buildings to be located thereon are set back at least 10 feet from side and rear lot lines and at least 25 feet from street lot lines and the buildings to be constructed on said lot will not exceed the maximum site coverage restrictions of the zoning bylaw in effect when the lot was created or, if no such restrictions applied, coverage of buildings shall not exceed 35% of said lot for lots between 10,000 square feet and 15,000 square feet and 25% for lots over 15,000 square feet; (3) Said lots are buildable under other applicable provisions of the lot; and (4) If said lots are shown on a subdivision plan as defined in the Subdivision Control Law, which plan has been approved by the Planning Board, the roads shown on such plan have been installed in accordance with Planning Board requirements, if any, in effect at the time the plan was submitted to the Planning Board and a release of the road covenant or release of other security, if any, has been obtained from the Board prior to five years from the date of endorsement of approval or prior to the lots becoming nonconforming, whichever occurs later. D. Existing parking areas lawfully established as of the effective date of this bylaw, whether conforming or nonconforming to the current requirements of this bylaw, may be altered to accommodate the inclusion of one or more universal accessible parking spaces without an approved site plan, variance, or special permit, provided that: (1) Said accommodation does not reduce the conformity of any of the following features with the respective requirements of this bylaw by more than the amount indicated: (a) Interior landscaping: 50% of minimum required as applicable to subject property; (b) Front, side, or rear parking setback: 50% of required or existing setback, whichever is the greater reduction; (c) Site coverage: 10% additional site coverage over the maximum allowable site coverage or, if existing site coverage exceeds the maximum allowed, an additional 5%; and (d) Required number of spaces:  Areas with one to 50 parking spaces: one space less than the total required; 3. Editor's Note: See Table 1 at the end of this chapter. 325:17 04 - 15 - 2009 04/2009 Page 159 of 354 § 325-7 HARWICH CODE § 325-9  Areas with 51 to 200 parking spaces: two spaces less than the total required; and  Areas with more than 200 parking spaces: three spaces less than the total required; and (2) A detailed plan, which clearly depicts such accommodation, is approved by the Building Official. Said plan shall be accurately scaled at a size no smaller than one inch equals 40 feet and shall show for the subject parcel or parcels all existing structures, parking spaces, access aisles, landscape areas, driveways, loading areas, and accommodation areas for disabled people (when applicable) with legible dimensions for the above features. E. Any lawfully nonconforming building or structure which has been damaged or destroyed by fire or other accident or natural disaster may be repaired or rebuilt to its original dimensions, either in its original location or in a more conforming location, provided that the owner shall apply for a building permit and start operations for restoring and rebuilding of said premises within 18 months after such catastrophe. Further, said reconstruction shall comply with all other applicable state laws and regulations and such construction shall be completed within 30 months of the date of the catastrophe or such reconstruction must comply with the current zoning bylaw. ARTICLE V Use Regulations § 325-8. Applicability of use regulations. Except as provided by the Zoning Act or this bylaw, in each district no building, structure, water body or lot shall be used or occupied except for a purpose which is authorized by the Table of Use Regulations in the zoning district wherein the land is located, and, if the land, building, structure or water body is located in a Drinking Water Resour ce Protection District or Personal Wireless Service Overlay District, said land shall not be used or occupied except for a purpose permitted in the underlying zoning district as well as the Drinking Water Resource Protection District or Personal Wirele ss Service Overlay District, respectively. Any use not listed shall be construed to be prohibited. Personal wireless service facilities shall be exempt from the use regulations contained in this bylaw when located on land owned by the Town of Harwich. § 325-9. Permitted uses. In the following Table of Use Regulations, the uses permitted by right in the district shall be designated by the letter (P). Those uses that may be permitted by special permit in the district, in accordance with §§ 325-51 and 325-53, shall be designated by the letter (S). Uses designated (-) shall not be permitted in the district. Any use presently listed as a permitted use in the Table of Use Regulations shall be designated as a special permit if the use proposes a structure or structures having a gross floor area of more than 7,500 square feet or 20 or more new parking spaces on the site, except that single-family, religious and educational uses shall 325:18 04 - 15 - 2009 04/2009 Page 160 of 354 § 325-9 ZONING § 325-12 be exempt from this provision. Some uses listed in the table as allowed as of right (P) or on special permit (S) require a special permit under the site plan provisions of this bylaw. § 325-10. Prohibited uses in all zoning districts. The following uses are strictly prohibited in all zoning districts: A. Trailers used for dwelling purposes, when occupied on said premises. B. Food sales with drive-up or drive-through facilities. C. Airport, landing strip and helicopter pad, except for emergency purposes. D. Bituminous concrete or cement mixing plants or establishments. E. Metal plating establishments. F. Chemical and bacteriological laboratories. G. Uses involving the storage of commercial fertilizers as defined in MGL c. 128, § 64 unless such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate. H. Nonresidential uses involving the generation, storage, treatment or disposal of hazardous materials as defined in MGL c. 21E unless such storage is above ground level, on an impervious surface, and in an area that has a containment system designed and operated to hold either 10% of total possible storage capacity of all containers or 110% of the largest container's storage capacity, whichever is larger. I. Use involving the storage of animal manure unless said storage is in a manner consistent with all applicable state and local regulations relative thereto and as determined by the Board of Health. J. The commercial raising or keeping, for use or sale, of swine or fur-bearing animals. § 325-11. Uses subject to other regulations. Uses permitted by right or by special permit shall be subject to applicable regulations set forth in this bylaw. Uses permitted by variance from the Board, or changes or extensions of nonconforming uses on permit from the Board, shal l be required to comply with all applicable provisions of this bylaw not specifically and expressly varied by the Board. The grant of one form of relief by the Board shall not constitute a finding that all other elements of the project or proposal comply with applicable zoning bylaws. § 325-12. Road construction requirements for certificate of occupancy. No building designed and intended for residential or commercial use or occupation shall be so occupied until any related road construction or improvements have been completed in accordance with Planning Board requirements and the Planning Board has released the road construction covenant or other security provi ded to the Board pursuant to MGL c. 41, § 81U. 325:19 04 - 15 - 2009 04/2009 Page 161 of 354 § 325-12 HARWICH CODE § 325-14 Notwithstanding the foregoing, if in the opinion of the Board actual construction of the road or road improvements has been completed in a manner sufficient to warrant occupancy of the building or buildings while the balance of the work is completed, the Board may so certify to the Building Official. Thereafter, the Inspector shall not withhold a certificate of occupancy for said building based on noncompliance with this provision. § 325-13. Table of Use Regulations. The Table of Use Regulations is included at the end of this bylaw. The Table of Use Regulations is divided into paragraphs as follows: A. Paragraph I, Residential Uses. B. Paragraph II, Public and Quasi-Public Uses. C. Paragraph III, Agricultural and Related Uses. D. Paragraph IV, Commercial Uses. § 325-14. Supplemental regulations. A. A trailer, houseboat or other boat shall not be less than 25 feet from any street lot line and shall not be used at any time for sleeping or living purposes. B. Agricultural uses consistent with MGL c. 40A, § 3 are permitted by right on lots containing a minimum of five acres. For lots less than five acres, such agricultural uses shall be by special permit. C. Animal hospitals and/or kennels and their activities, including the keeping of animals, shall be completely enclosed in pens or other structures. D. The noncommercial raising and keeping of not more than two pigs. Pigs and/or swine shall be kept in an enclosure approved by the Board of Health. Said enclosure shall be not less than 50 feet from any bound, boundary line or building used for human habitation in any residential zone, and in no case shall the keeping and raising of pigs and/or swine be permitted on any lot containing less than 40,000 square feet. E. Horses are allowable provided that they meet the necessary requirements of the Board of Health. The horse(s) shall be owned by the owner/occupant of the property. There shall be no commercial use of the horse on site, including but not limited to riding lessons, except for lots greater than five acres. Horses are allowable in the Water Resource Protection District with a special permit pursuant to § 325-51C. F. Automotive service and repair facilities shall not include a junkyard of any kind or open storage of unregistered vehicles. G. Construction industry, including suppliers, shall store all equipment and materials within a building or buildings. H. The storage for resale of heating fuels includes but is not limited to oil, coal and gas. 325:20 04 - 15 - 2009 04/2009 Page 162 of 354 § 325-14 ZONING § 325-14 I. Manufacturing is permitted per Table 1, provided that at no time will such use result in or cause excessive dust, smoke, smog, observable gas, fumes or odors, or other atmospheric pollution, objectionable noise, glare, or vibration discernible beyond the property lines of the industry, hazard of fire or explosion or other physical hazard to any adjacent building or land, or to surface water or groundwater. J. Outside storage of materials and supplies displayed for retail sales on the premises does not require screening. All other outside st
Are you sure you want to buy this material for
You're already Subscribed!
Looks like you've already subscribed to StudySoup, you won't need to purchase another subscription to get this material. To access this material simply click 'View Full Document'