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Town Of Sandwich THE OLDEST TOWN ON CAPE COD Dexter Grist Mill PROTECTIVE ZONING BY-LAW JANUARY 2008 Sandwich Protective Zoning By-laws Table of Contents ARTICLE I. ADMINISTRATION AND PROCEDURE 1100. PURPOSE 1200. ADMINISTRATION 1210. Other 1220. Building Permits 1230. Certificate of Use and Occupancy 1240. Enforcement 1250. Violations 1251. Penalties 1260. Performance Bond or Deposit 1300. BOARD OFAPPEALS 1310. Membership 1320. Powers of the Board of Appeals 1321. Variance 1321.1 Submission Requirements 1321.2 Referral 1322. Special Permit Granting Authority 1330. Special Permits Huealngic 1331. 1332. Referral 1340. Application Requirements 1341. Review by Planning Board and Town Engineer 1342. Consideration of Recommendations 1350. Repetitive Petitions 1360. Plan Submission Requirements 1370. Appeals Under the Subdivision Control Law 1380. Special Permit for the Protection of Drinking Water Resources C1rer.ia S1382issiuirements O13nitonslines 1400. AMENDMENT 1500. VALIDITY 1600. APPLICABILITY 1700. EFFECTIVE DATE ARTICLE II. USE AND INTENSITY REGULATIONS 2100. ESTABLISHMENT OF DISTRICTS 2110. Purposes 2120. District boundary Line 2130. Lots Divided by District Boundary Line 2140. Districts 2200. USE REGULATIONS 2210. Applicability 2220. Classification of Activity 2300. USE REGULATIONS SCHEDULE 2310. Principal Uses 2320. Accessory Uses 2321. Scientific Research, Development or Related Production. 2400. NON-CONFORMING USES 2410. Abandonment. 2420. Change, Extension or Alteration 2430. Restoration 2500. INTENSITY OF USE REGULATIONS 2510. Conformance with Section 2600 2520. Change in Lot Shape 2530. Street Line 2540. Multiple Principle Buildings on the Same Lot 2 2550. Non-Conforming Lots. 2580. Condominium Dimensional Requirements 2590. Water Resource Overlay District Lot Area 2600. INTENSITY OF USE SCHEDULE ARTICLE III. GENERAL REGULATIONS 3100. PARKING REQUIREMENTS 3110. Adequate Off Street parking. 3111. Parking Overlay District 3112. Parking Overlay District Requirements 3120. Table of Requirements 3130. Setback from Street Line 3140. Driveway Separation 3150. Parking for Six or More Cars. 3200. STANDING AND LOADING REQUIREMENTS 3210. Queues of Vehicles. 3220. Adequate Off Street Loading 3300. SIGN REGULATIONS 3400. ENVIRONMENTAL CONTROLS 3410. Applicability 3420. Noise 3430. Waste Disposal. 3431. On-Site Waste Disposal. 3440. Smoke Density 3450. Airborne Particulate Matter. 3460. Radio Activity and Electrical Disturbances 3470. Lighting 3480. Compliance with Environmental Controls 3500. LANDSCAPING AND SCREENING 3510. Requirements 3520. Landscaping - Parking for Six or More Cars 3530. Erosion Control. 3540. Outdoor Sales Display Areas and Commercial Outdoor Recreation 3550. Sight Obstruction at Corners. 3560. Sight Obstructing Fence or Wall 3600. POND SETBACK REQUIREMENTS 3610. Pond Elevations 3620. Plan Showing Setback 3630. Setbacks from Pond Elevation 3700. BUILDING SITING 3710. Set Backs Relative to Elevation 3720. Overflow Elevation 3800. WIRELESS TELECOMMUNICATIONS SERVICES 3810. Purpose 3820. OverlayDistrict 3830. Definitions 3840. Pre-Existing Building, Structure & Telecommunications Tower 3850. New Wireless Telecommunications Facilities on New Structures 3851. Special Permit Procedures 3852. Special Permit Requirements 3853. SiteRequirements 3854. SpecialWaivers 3855. OtherConditions 3856. Criteria For Approval 3857. Form For Denial 3858. Modification 3860. Maintenance 3870. Monitoring 3880. Duration of Special Permit/Building Permit 3890. Abandonment Or Discontinuation Of Use 3 3900. ADULT ENTERTAINMENT 3910. Authority 3920. Purpose 3930. Adult Entertainment Overlay District 3940. Definitions 3950. Special Permit Criteria 3960. Conditions 3970. Expiration 3980. Severability ARTICLE IV. SPECIAL REGULATIONS 4100. ACCESSORY USES 4110. HomeOccupations 4111. Home Occupations – Physician’s Office 4115. By-Right Accessory Apartment 4120. Mobile Homes, Campers & Trailers 4121. Mobile Home 4122. Single Camper 4123. Camper 4124. Other Occupancy Or Storage 4125. Outdoor Storage 4130. AccessoryDwellingUnits 4132. Lot Requirements 4133. Square Footage Requirements 4134. Site Requirements 4135. Applicable By-laws & Regulations 4136. Principal Owner Requirements 4137. Ownership Requirements 4138. Occupant Requirements 4139. Application Requirements & Procedures 4140. CommonDriveways 4141. Procedures 4142. Design Standards 4143. Special Permit Criteria 4144. Conditions 4150. Outdoor Recreation Facility 4151. Special Permit Criteria 4160. Residential Wind Turbines (STM 1/14/08) 4161. Purpose 4162. Applicability 4163. Definitions 4164. Special Permit Granting Authority 4165. Special Permit Requirements 4166. Standards 4167. Other Conditions 4168. Modification 4169. Abandonment Or Discontinuation Of Use 4170. Monitoring 4200. EARTH MOVING REGULATIONS 4210. General 4211. Removal or Fill 4212. Removal or Fill Incidental to Construction 4213. Removal of Fill at Active Cranberry Bog 4220. Board of Appeals Permit Conditions 4221. ApplicationRequirements 4222. Performance Bond 4223. Other 4230. Filling 4231. Flood Plain District Requirements 4232. Other Requirements 4233. Reasonable Care 4 4240. Restoration 4250. Stockpiling 4300. FLOOD PLAIN DISTRICT 4310. Creation Definion2s0. 4330. Compliance 4340. Special Permits 4350. Health & Safety Issues 4360. Other 4400. CLUSTER DEVELOPMENT 4410. Objective 4420. Applicability 4430. Procedure 4431. Pre-Applicationreview 4432. Submission 4440. Requirements 4441. Number Of Dwelling Units 4442. AllowableUses 4443. DimensionalRegulations 4443. Flexible Dimensions For Cluster Lots 4444. Village Cluster Regulations 4446. OpenSpace 4447. Cluster Development Criteria 4448. Village Cluster Criteria 4450. Affordable Housing 4451. Purpose & Authority 4452. Procedures 4453. Standards 4454. Special Permit Criteria 4455. Long Term Affordability 4456. ApplicationRequirements 4500. DELETED ATM 4/98 4600. MULTI-FAMILY DWELLING 4610. MinimumFrontages 4620. Multi-FamilyDwellings 4621. Disposal Facility Design Plans 4630. SiteImprovements 4640. Applicable Land Area 4650. Access & Egress 4660. Agencies To Be Notified 4670. Roadways & Parking Area Covenant 4700. CONVERSION OF SEASONAL OR INTERMITTENT USE STRUCTURES 4710. CottageColonies 4720. Motels & Motor Courts 4730. LodgingHouses 4740. Procedures 4800. SWIMMING POOLS 4810. FencingRequirements 4900. DEVELOPMENT SCHEDULE 4910. Purpose 4915. Definitions 4920. Applicability 4930. Activation 4940. Rate of Residential Development 4950. Building Permit Authorization 4955. Exceptions From Section 4950 4960. Issuance Of Building Permits ARTICLE V. WATER RESOURCE PROTECTION DISTRICTS 5000. PURPOSE 5010. Creation 5 5020. Definitions 5030. Use Regulations 5040. Performance Standards 5052. Certificate of Water Quality Compliance 5053. Requirements 5100. SURFACE WATER PROTECTION DISTRICT 5110. Special Permit Requirements 5120. Surface Water Bodies 5130. Analysis of Development Impact 5140. Exemptions 5150. Other Requirements ARTICLE VI. GROWTH CENTER TECHNOLOGY DISTRICT 6000. PURPOSES 6100. DEFINITIONS 6200. OBJECTIVE 6300. REGULATIONS 6310. DimensionalRegulations 6320. Aesthetic Regulations 6400. PERMITTED USES 6410. ProhibitedUses 6420. Number of Uses 6430. Other 6500. PERMITTED ANCILLARY USES 6600. SITE PLAN REVIEW 6610. Site Plan Submittal 6611. Other 6620. Site Plan Review Procedures 6621. Pre-ApplicationReview 6622. Planning Board Action 6623. Appeals 6624. Expiration 6625. Certificate Of Compliance ARTICLE VII. THREE PONDS DISTRICT 7000. PURPOSE AND OBJECTIVE 7010. Three Ponds District 7020. Definitions 7100. PERMITTED USESC ,ONDITIONA L USES, PROHIBITED USES 7110. Special Permit Granting Authority 7120. Application Guidelines 7130. Chapter 40A, Section 6 7140. Existing Single-Family Homes 7150. Change, Extension, Alteration 7200. DIMENSIONAL REGULATIONS 7500. POND SHORE BUFFER REQUIREMENTS 7510. ShorelineElevation 7520. Prohibitions 7530. Water Dependent Structures 7600. SCENIC ROAD CORRIDOR 7610. NewStructures 7620. Shared or Common Driveways 7700. SPECIAL PERMIT CRITERIA FOR USES ACCESSORY TO AN ALLOWED PRINCIPAL USE 7800. OPEN SPACE RESIDENTIAL DEVELOPMENT 7810. Application 7820. Number of Dwelling Units 7821. Preservation Zone Transfer Of Development Rights 7830. DimensionalRequirements 7840. PermittedUses 7850. WasteWater 7860. Common Open Space 6 7870. Ownership&Management 7900. APPLICATION PROCEDURES 7910. Pre-ApplicationReview 7920. Submission 7930. Requirements 7940. Open Space Residential Development Criteria for Approval 7990. Other DEFINITIONS SECTION 7 ARTICLE I ADMINISTRATION AND PROCEDURE 1100. PURPOSE. The purpose of this by-law is to provide for the Town of Sandwich all of the protection authorized by the General Laws of the Commonwealth of Massachusetts, Chapter 40A and any amendments thereto – namely the promotion of the public health, safety, convenience and welfare by: a. Encouraging the most appropriate use of land; b. Preventing overcrowding of land; c. Conserving the value of land and buildings, including the conserving of natural resources and the preventing of blight and pollution of the environment; d. Lessening the congestion of traffic; e. Preventing undue concentration of population; f. Providing for adequate light and air; g. Reducing hazards from fire and other dangers; h. Assisting in the economical provisions of transportation, water, sewerage, schools, parks, and other public facilities; i. Encouraging housing for persons of all income levels; and j. Preserving and increasing the amenities of the Town. 1200. ADMINISTRATION 1210. This by-law shall be administered by the Building Inspector. 1220. No building permits shall be approved except in compliance with this by-law. Sufficient information shall be submitted to demonstrate compliance, including a plot plan showing, in addition to those items required under Section 110.10 of the Massachusetts Building Code or the Massachusetts State Building Code applicable sections in effect at the time of application; two-foot contours across the entire lot, and full width of the street across the lot frontage, and sufficient data to determine compliance with parking, standing and loading, landscaping and erosion control, and other applicable provisions of this by-law. Prior to proceeding with construction above the foundation, a Registered Land Surveyor shall certify that the structure has been located in compliance with all yard requirements. 1230. No certificate of use and occupancy as required in Section 19.1 of the Commonwealth of Massachusetts Building Code shall be issued in violation of any provisions of the By-Law, and no use of land not requiring such certificate under the building code shall be initiated or changed without certification of use compliance by the Building Inspector. 1240. Enforcement . The Building Inspector shall institute appropriate legal proceedings to enforce the provisions of this by-law 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 provisions of this by-law. 1250. Violations. Any person violating any of the provisions of this bylaw or any condition of a special permit issued under this bylaw shall be fined not more than $300.00 for each offense. Each violation and each day that such violation continues shall constitute a separate offense. (Amended STM 9/91). However, when enforcing bylaw offenses by the non-criminal disposition method (as described in Article 8, Section 3, of the Town of Sandwich By- Laws, the fine shall be as follows: a. First offense within the preceding twelve month period ................ $ 50.00. b. Second offense within the same twelve month period ...................$100.00. c. Third offense and each subsequent offense ............................... $300.00. 1251. The imposition of the penalties herein prescribed shall not preclude the Building Inspector from instituting appropriate action to prevent unlawful construction or to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises or to stop an illegal act, conduct, business, or use of a building or structure in or about any premises. 1260. A performance bond or deposit of not less than $12.00 per foot of lot frontage plus $0.05 per cubic foot of foundation volume shall be required prior to authorization of any new structure or addition if, in either case, involving more than 200 square feet of floor area, as security against possible costs due to erosion or damage within street rights - of-way, or failure to enclose and backfill the foundation within the time period covered by the building permit, or failure to carry out any or all conditions mandated in a special permit granted by the Board of Appeals. Such bonds may also be required by the Building Inspector for site alterations not involving new 8 structures but potentially incurring damage within street rights-of-way. These bonds shall be held by the Town Treasurer until he/she is notified by the Building Inspector that all on-site work, as required under the building code and conditions of a special permit granted, and all movement of heavy equipment has been completed and any damage repaired. 1300. BOARD OF APPEALS 1310. The Board of Appeals shall consist of five members and four associate members, who shall be appointed by the Selectmen and act in all matters under this by-law in the manner prescribed by Chapter 40A of the General Laws as amended. 1320. The Board of Appeals shall have the following powers: a. To hear and decide appeals in accordance with Section 8, of Chapter 40A b. To hear and decide applications for Special Permits upon which the Board is empowered to act under this by-law. c. To hear and decide appeals from decisions of a zoning administrator, if any. 1321. The Board of Appeals shall have the power, after a public hearing upon petition, to grant variances from the terms of this by-law with respect to particular land or structures, but only where such permit granting authority finds all of the following: (amended 5/4/98) a. A literal enforcement of the provisions of this bylaw would involve a substantial hardship, financial or otherwise, to the petitioner or appellant. b. The hardship is owing to circumstances relating to the soil conditions, shape, or topography of such land or structures but not affecting generally the zoning district in which it is located. c. Desirable relief may be granted without either; 1. Substantial detriment to the public good; or 2. Nullifyiosrubstantially derogating from the intent or purpose of this by-law. Before a variance may be authorized, the Board of Appeals shall, as required by Chapter 40A, Section 10 of the General Laws, find that all of the conditions of this section have been met. The Board of Appeals shall impose such limitations on time and use or such other conditions as it may deem desirable to protect the public interest and ensure that the variance granted is not greater in degree or duration than is justified by the hardship to be relieved. The Board of Appeals shall not impose conditions, safeguards or limitations based upon the continued ownership of the land or structures to which the variance pertains by the appellant, petitioner or any owner. The Board of Appeals shall record its findings in each case. If the rights authorized by a variance are not exercised within one year of the date of grant of such variance, such rights shall lapse, provided however, that the permit granting authority in its discretion and upon written application by the grantee of such rights may extend the time for exercise of such rights for a period not to exceed six months; and provided, further, that the application for such extension is filed with such permit granting authority prior to the expiration of such one year period. If the permit granting authority does not grant such extension within thirty (30) days of the date of the application therefore, and upon the expiration of the original one year period, such rights may be reestablished only after notice and a new hearing pursuant to the provisions of this section. Variances granted prior to effective date of this ordinance but limited in time may be extended on the same terms and conditions that were in effect for such variance upon said effective date. 1321.1. Applications for variances shall include as part of the application to the Board of Appeals ten (10) copies of the following: 1. Completed application form 2. Written request for waiver of any submission requirements. 3. A site plan prepared to a scale of 1" = 40' minimum, by a Massachusetts Registered Architect, Landscape Architect, Civil Engineer or Land Surveyor, illustrating the shape and location of the proposed building(s) and proposed addition(s). 4. A written narrative describing the variance requested describing the circumstances relating to the soil conditions, shape or topography of such land or structures that do not generally affect the zoning district in which it is located. The Board of Appeals is authorized, upon receipt of a written request, to waive specific submission requirements of Section 1321.1 if the Board of Appeals deems a particular requirement to be duplicative or unnecessary. The granting of such waivers shall be deemed by the Board of Appeals to be in the public interest. The Board of Appeals shall include a written description of the waivers granted within the decision on the application. 9 1321.2. Referral. The Board of Appeals shall refer variance applications to the Board of Health, Water Quality Review Committee, Conservation Commission, Planning Board, Department of Public Works, and Town Engineer for written comments and recommendations pertaining to the area of responsibility of that particular board or department, before taking final action on said variance application. In addition to the above noted boards, the Board of Appeals may refer a variance application to any other Town agency/board/department for comments and recommendations if it so desires before taking final action on the variance application. Any such board or agency to which applications are referred to for comments shall make its recommendations and send copies thereof to the Board of Appeals and the applicant within twenty (20) days of receipt of the referral request by said board or agency or there shall be deemed no opposition or desire to comment. The Board of Appeals shall not act upon said variance until either comments from referred boards or agencies have been received, or twenty (20) days have elapsed, whichever is sooner. 1322. Unless otherwise specified in this by-law, the Board of Appeals shall act as the Permit Granting Authority and the Special Permit Granting Authority. 1330. Special Permits shall normally be granted unless, because of conditions peculiar to the particular case but not generally true for similar permitted uses on other sites in the same district, it appears that nuisance, hazard or congestion will be created, or for other reasons there will be substantial harm to the neighborhood or derogation from the intent of the by-law, so that the stated district objectives will not be satisfied. The Special Permit Granting Authority shall place upon each special permit the condition that failure to comply with the conditions set forth in the special permit will result in termination thereof and that it shall expire upon transfer of ownership, prior to initiation of substantial construction on or occupancy of the site, unless such transfer is authorized in the permit, or if no substantial construction or occupancy takes place within the twelve (12) months of special permit approval, excluding such time required to pursue or await the determination of an appeal referred to in Section 17 of Chapter 40A. Extenuating circumstances may be a basis for a six (6) month extension to be granted by the Special Permit Granting Authority. Construction or operations under a building or special permit shall conform to any subsequent amendment of the ordinance or by-law unless the use or construction is commenced within a period of not less than six (6) months after the issuance of the permit and, in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable. 1331. Special permits shall only be issued following public hearings held within sixty-five (65) days after filing of an application with the Special Permit Granting Authority. A copy of the application shall be given to the Town Clerk forthwith by the applicant. 1332. Referral. The Special Permit Granting Authority (SPGA) shall refer special permit applications to the Board of Health, Water Quality Review Committee, Conservation Commission, Housing Authority, Planning Board, Board of Appeals, Highway Department, and Town Engineer for written comments and recommendations pertaining to the area of responsibility of that particular board or department, before taking final action on said special permit application. In additions to the above noted boards, the SPGA may refer a special permit application to any other Town agency/board/department for comments and recommendations if it so desires before taking final action on said special permit application. A public hearing on said referral shall not be required. The SPGA need not send a referral to itself. Any such board or agency to which applications are referred to for comments shall make its recommendations and send copies thereof to the SPGA and the applicant within thirty-five (35) days of receipt of the referral request by said board or agency or there shall be deemed no opposition or desire to comment. The SPGA shall not act upon said special permit until either comments from referred boards or agencies have been received, or said thirty-five (35) days have elapsed, whichever is sooner. Applications referred to more than one board or agency may be reviewed jointly by said boards or agencies. 1340. Applicationsfor special permits and amendments to special permits other than single family residential use, shall include as part of the application to the Special Permit Granting Authority ten (10) copies of the following: 1. Completed application form; 2. Written request for waiver of any submission requirements; 3. Photographs of premises and all adjoining structures; 4. A site plan prepared to a scale of 1" = 40' minimum, by a Massachusetts Registered Architect, Landscape Architect, Civil Engineer or Land Surveyor, illustrating: a) The shape and location of the proposed building(s) and proposed addition(s). b) Vehicular and pedestrian circulation. c) Proposed parking including service vehicles. 10 d) Entranceways, roadways, sidewalks and loading areas. e) The general extent and nature of proposed cutting of natural vegetation and proposed planting and landscaping of disturbed areas. f) The general intentions for proposed utilities, the location and size of septic tanks and leaching fields and the handling of surface drainage. g) The general location and types of outdoor signs. h) The general location and intent of outdoor lighting. i) The general location and type of outdoor storage, fencing and screening. j) Principal elevation at a scale of 1/16" = 1' minimum, showing: 1. The general massing and height of the proposed facility, and 2. Any special heating, ventilation and mechanical requirements impacting the exterior. 1341. The SPGA is authorized, open receipt of a written request, to waive specific submission requirements of Sections 1330 through Sections 1370 if the SPGA deems a particular requirement to be duplicative or unnecessary. The granting of such waivers shall be deemed by the SPGA to be in the public interest. The SPGA shall include a written description of the waivers granted within the decision on the application. When an application is made to the Board of Appeals and information required under section 1340 is submitted, the Board of Appeals shall forthwith transmit such information to the Planning Board and Town Engineer for review and recommendations. Those two agencies shall make their reviews and such recommendations and shall send copies to the Board of Appeals and the applicant within thirty-five (35) days of receipt of the application by each of the aforementioned agencies, provided that failure to make recommendations shall be deemed to be a lack of opposition. 1342. In acting on special permits and special permit amendments under this section, the Board of Appeals shall give consideration to the recommendations, if any, of the Planning Board and the Town Engineer. These recommendations shall be formulated considering the following criteria: a) Protection of adjacent area against detrimental or offensive uses on the site by provision of adequate surface water drainage, buffers against lighting, sight, sound, dust, vibration, odor and allowance of sunlight and air; b) Convenience and safety of vehicular and pedestrian movement within the site and in relation to adjacent areas; c) Adequacy of facilities for handling and disposal of refuse and other production by-products; d) Protection of environmental features on the site and in adjacent areas; e) Promotion of appropriate arrangement of structures within the site and in relation to existing structures within the district and neighborhood; f) Co-ordination with and improvement of systems of vehicular and pedestrian access, drainage, water supply, sewage disposal, lighting, landscaping, wetlands, water courses, buildings and others features that support the neighborhood; g) Compliance with all applicable sections of the Zoning By-Law. 1350. Repetitive petitions for appeals and petitions for variances, and application to the Special Permit Granting Authority or Permit Granting Authority shall be limited as provided in Section 16, of Chapter 40A, M.G.L. 1360. All applications or petitions to the Special Permit Granting Authority or Permit Granting Authority, if involving erection or change in exterior dimensions of any structure or parking area, shall be accompanied by a plot plan as specified in Section 1220 for building permit applications. Such plans shall also be submitted in other cases when deemed necessary by the Board for it determinations. All applicants or petitioners shall appear at or be represented by a spokesman at the public hearing upon their application or petition, or the Board may dismiss the application for lack of sufficient information. 1370. The Zoning Board of Appeals shall act as the Board of Appeals under the Subdivision Control Law, with the authority to issue withheld building permits as provided in Section 81-Y, Chapter 41, and M.G.L. 1380. Special Permit Issued for Protection of Drinking Water Resources: Where specified in Section 2300 by the letters "SA", the Board of Appeals shall act as the Special Permit Granting Authority in accordance with this section. Such special permits shall be granted if the Board of Appeals determines that the intent of this by-law, as well as the specific criteria of Sections 1381 and 1390 are met. In making this determination, the Board of Appeals shall give consideration to the simplicity, reliability, and feasibility of the control measures proposed and the degree of threat to water quality, which would result if the control measures failed. 11 1381. Special Permit Criteria. The Board of Appeals shall issue special permits only if the Board determines that groundwater quality resulting from on-site waste disposal and other on-site operations will not fall below federal or state or town (added ATM 92) standards for drinking water or, if existing groundwater quality is already below these levels, on-site disposal will result in no further deterioration. 1382. Submittals . In applying for a special permit under section 1380, the information listed below shall be submitted by the applicant in accordance with Section 1331. a) A complete list of all chemicals, pesticides, fuels, and other potentially toxic or hazardous materials to be used or stored on the premises in quantities greater than those associated with normal household use, accompanied by a description of measures proposed to protect all storage containers/facilities from vandalism, corrosion, and leakage, and to provide for control of spills. b) A description of potentially toxic or hazardous wastes. c) Evidence of approval by the Massachusetts Department of Environmental Protection (DEP) of any industrial waste treatment or disposal system or any wastewater system over 15,000 gallons per day capacity. d) For underground storage of toxic or hazardous materials, evidence of qualified professional supervision of system design and installation. e) Analysis certifying compliance with Section 1381, such analysis to be done by a Massachusetts Registered Civil, Sanitary, Chemical or Industrial Engineer. 1390. Design and Operations Guidelines. Except for single-family dwellings not being used in connection with a home occupation, the following design and operations guidelines shall apply to special permits granted under Section 1380: a) Safeguards. Provisions shall be made to protect against toxic or hazardous materials discharge or loss resulting from corrosion, accidental damage, spillage, or vandalism through measures such as: spill control provisions in the vicinity of chemical or fuel delivery points; secured storage area for toxic or hazardous materials; and indoor storage area for toxic and hazardous materials; and indoor storage provisions for containers which are corrodible or dissolvable. For operations, which allow the evaporation of toxic or hazardous materials into the interiors of any structures, a closed vapor recovery system shall be provided for each such structure to prevent discharge of contaminated condensate into the groundwater. b) Disposal. For any toxic or hazardous materials to be produced in quantities greater than those associated with normal household use, the applicant must demonstrate the availability and feasibility of disposal methods, which are in conformance with Chapter 21c, MGL. c) Drainage. All runoff from impervious surfaces shall be recharged on the site, diverted towards areas covered with vegetation for surface infiltration to the extent possible. Dry wells shall be used only where other methods are infeasible, and shall be preceded by oil, grease, and sediment traps to facilitate removal of contaminants. 1400. AMENDMENT. This By-Law may be changed by amendment, addition or repeal in the manner provided in Section 5, Ch. 40A, G.L. 1500. VALIDITY. The invalidity of any section or provision of this by-law shall not invalidate any other section or provision thereof. 1600.APPLICABILITY. Where the application of this by-law imposes greater restrictions than those imposed by any other regulations, permits, restrictions, easements, covenants or agreements, the provisions of this by-law shall control. 1700. EFFECTIVE DATE .The effective date of the adoption or amendment of any Zoning By-Law shall be the date on which such adoption or amendment was voted upon by Town Meeting. 12 ARTICLE II USE AND INTENSITY REGULATIONS 2100. ESTABLISHMENT OF DISTRICTS 2110. For purposes of this By-law, the Town of Sandwich is hereby divided into the following types of districts: Residence Districts R-1 & R-2 Disrcet-2&RD-1 DShrircetS BusiniedBL-2 & BL-1 Laried MAR InListialIND GovernDmsnrctl Growth Center Technology District Adult Entertainment District Flood Plain Districts Parking Overlay District Surface Water Protection District Three Ponds District Water Resource Overlay District Wireless Telecommunications Overlay District The boundaries of these districts are defined and bounded on the map entitled "Zoning Map, Sandwich, Massachusetts," dated revised April 24, 1978, as amended May 1 and 2, 1978 (Articles 12, 13, and 14), May 4, 1981 (Article 31), May 19, 1986 (Article 9), revised November, 14, 1988 (Article 33), revised May 24, 1989 (Article 26), revised May 1, 2000, (Article 31), revised March 19, 2001(Article 2) and as amended and revised through May 7, 2001and as further amended and revised through May 6,2002 (Article 31) and as further amended on March 21 and May 2, 2005 on file with the Town Clerk. The map and all explanatory matter thereon is hereby made part of this by-law. Adult Entertainment Overlay District, as described in Section 3920, is herein established as an overlay district and shall be superimposed on other districts established in this bylaw. Flood Plain District, as described in Section 4310, shall be considered to be superimposed over any other district established by this by-law. Land in a Flood Plain District shall be subject to the requirements of Section 4300. Parking Overlay District, as described in Section 3111, shall be considered to be superimposed over any other district established by this by-law. Land in the Parking Overlay District shall be subject to the requirements of Section 3112. Surface Water Protection District, which comprise the area within 300 feet of any surface water pond as described in Sections 3610 and 5120, shall be considered superimposed over any other district established by this bylaw. Land in a Surface Water Protection District shall be subject to the requirements of Section 5100. (Added STM 9/91). Water Resource Overlay District, as described in Section 5010, shall be considered to be super-imposed over any other district established by this by-law. Land in a Water Resource Overlay District shall be subject to the requirements of Section 5000. Wireless Telecommunications Overlay District, as described in Section 3820 is herein established as an overlay district and shall be superimposed on other districts established in this Zoning By-law. New telecommunications facilities that are constructed exclusively for the purpose of transmitting and receiving television, AM/FM radio, digital, microwave, cellular, telephone or similar forms of electromagnetic radiation must be located within the Wireless Telecommunications Overlay District. 2120. Except when labeled to the contrary, boundary or dimension lines shown approximately following or terminating at street, railroad, or utility easement center of layout lines, boundary or lot lines, or the channel of a stream, shall be construed to be actually those lines; when shown approximately parallel, perpendicular, or radial to such lines, shall be construed to be actually parallel, perpendicular or radial thereto; when appearing to follow shoreline, shall coincide with the mean low-water line. When not locatable in any other way, boundaries shall be determined by scale from the map. 2130. Where a district boundary line divides any lot existing at the time such line is adopted, the regulations for the less restricted portion of such lot shall extend not more than thirty (30) feet into the more restricted portion, provided the lot has street frontage in the less restrictive district. 2140. District purposes are as follows: RESIDENCE: R-2 - To provide for low-density residential environment in areas of good accessibility while protecting the quality of air, surface water and ground water of the area. RESIDENCE: R-1 - To provide higher-density residential environment in areas serviced with public utilities. RIDGE: RD –1 & RD-2 To provide for flexible development of large scale tracts, allowing development for regional service and residence near expressway interchanges and to allow variety and choice in residential development; at the same time preserving or enhancing views of the bay from public ways; preserving or 13 enhancing landscaping and tree cover; and minimizing visibility of parked autos, avoiding creation of hazards or congestion, and assuring compatibility with low density residential development. SHORE: S - To provide for travel accommodations in areas already containing such uses. BUSINESS LIMITED: BL-1 - To provide for small scale business development for local and transient service, at the same time preserving or enhancing ocean views from highways, protecting the character of historic environs, preserving or enhancing landscaping, minimizing visibility of parked autos and avoiding creation of hazards or congestion. BUSINESS LIMITED: BL-2 - To provide for all scales of business development for local, regional, or transient service, with purposes otherwise the same as for BL-1. MARINE LIMITED: MAR - To preserve oceanfront for ocean related uses consistent with ecological protection. INDUSTRIAL LIMITED: IND - To preserve uniquely serviced areas for exclusive Industrial or commercial use, while providing a visually pleasing landscaped areas compatible with the Town's history. GOVERNMENTAL DISTRICT: GD - To provide for necessary governmental functions, public recreation, and conservation on publicly owned lands. GROWTH CENTER TECHNOLOGY DISTRICT: GCTD- To provide for small and medium scales of business or commercial developments related solely to research, development, manufacturing, assembly or transmission of goods or information related to computers, medicine, high-technology, finance, science, education and electronic transmission of information and other uses as specified in this Section of the Sandwich Protective Zoning Bylaws. To provide for small and medium scales of office space for Medical Doctors and patient services. THREE PONDS DISTRICT - The purpose and objective of the Three Ponds District (the district) is to establish zoning regulations that accomplish the following: Protect to the greatest extent possible surface and groundwater quality; Preserve rare and endangered species and habitat existing within fragile ecosystems; Preserve the scenic character of district roads as well as views of pond shores and woodlands; Provide for carefully planned land uses such as small scale densely clustered residential development with recreational amenities of an appropriate scale; Preserve of existing single family homes; Foster the existing open space and recreation land uses including summer camps a use that encompasses both recreation and education; Allow for additional recreational uses compatible with resource protection; Manage growth in a manner that will not adversely affect municipal infrastructure. 2200. USE REGULATIONS 2210. No lot shall be used and no building, structure or addition to a structure shall be erected except as set forth in the "Use Regulation Schedule," or as exempted by Section 2400 or by Statute. (Amended STM 9/91). Symbols employed shall mean the following: Y A permitted use. N An excluded or prohibited use. S Use authorized under Special Permit as provided for in Section 1320 herein. SA Use authorized under Special Permit as provided for in Section 1380 herein. (Amended 5/4/98) 14 2220. 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. 2300. USE REGULATION SCHEDULE Zoning District R-1 BL-1 IND MAR RD-1 S GD R-2 BL-2 RD-2 (6) 2310. PRINCIPAL USES AGRICULTURAL USE Farm with pigs, foxes, mink; more than 10Y YattY Y Y YY 1000 poultry (1)(2) Others (2) Y Y Y Y Y YY COMMERCIAL USE Animal kennel or hospital N S S N N N N Bune,ale N S N N N NN Boat and motor vehicle servicing and repaNr SA SA SA N N N Boat and watercraft storage building N N N N S N N warsh N SA SA SA N NN Commercial Marine Fishing Equipment StoraNe N Y Y N N N Dry cleaning N SA SA N N N N Major commercial complex (3) N S N N N N Marine Medical & Rehabilitation FacilN NSNS(6) Medificles N N N N RND-1 N N RD-2 Y Medical Services and Technology (See DefiN (6) S) S N N N N Oficinitions) N S S N N NN Other retail business or service N S S (5) S N N N Restaurant N S S S N NN Tattoo/Body Art Establishment N N N S N N N Technology Business or Service N N S N N N N Wholesale and Retail Warehouse (STM 92) N N S (7) N N N N INDUSTRIAL/UTILITY USE Bulk storage, warehouse N N S N N N N Contractors yard N N S N N N N Covered road salt stockpile on imperviousNsurfaNe SA N SA N SA Disposal Area: Disposal – Public, Salvage yard N N SA N N N N Sanitary landfill N N SA N SA N N Private N N N N N N N Earth removal (See Section 4200) N N S N N N N Heliport N S S N N N Manufacturing, processing, trucking termiNal N S N N N N Mpttilng N N SAN N NN Municipal sewage treatment with onsite diNpoNal oSA SA N NN secondary- treated effluent Power generation (Amended 5/4/98) N N S S N N N Research laboratory, Chemical, bacterioloNical SAb SA SA SA N N Sale, storage or distribution of fuel oilN S gaso(4)N N N NN principal activity Use of toxic or hazardous materials in quNntSAiesSA SA SA NN greater than associated with normal household or agricultural use INSTITUTIONAL USE Cemetery S S N N Y S N Hospital, nursing home, convalescent homeS(See S N N S S N 15 Zoning District R-1 BL-1 IND MAR RD-1 S GD R-2 BL-2 RD-2 (6) Definitions) Municipal use not more specifically cited Y Y Y Y Y Y Y Museum S S N N Y S N Philanthropic institutions, clubs S S N N Y S N Rehabilitation Hospital (See DefinitioN N N N RND-1 N N RD-2 Y Reliies Y Y Y Y Y Y School - Public, sectarian, denominationaY Yor Y Y Y Y non-profit educational corporation RECREATIONAL USE Bicycle club, bicycle cluoilitiesfN N N S N NN Campground N N N N N NN Campsng,rvised N N N S S NN Cinema, theater, auditorium, indoor sportN SreaS N NlthNN club, bowling, game room (Amended 11/18/97) Commercial picnic area, bath house, beachS S N S S S N Drive-in theater, race track, amusement pN N, cN N NracNN miniature golf, token or coin operated video arcade, pinball machines (Amended 11/18/97) Golf course, standard or par-3 S S S N S S N Marina S S N S N N Outdoor Recreation Facility (See Section S150) S S S S S S RecreFiility N S S N N NN Stables, riding school (8) N S N N S NN Spa11 S N N N S NN Sportsmen's club, game preserve Y Y Y Y Y Y N RESIDENTIAL USE Dwelling: Single-family Y S N N Y YN Two-family S N N N N NN Multi-family (See Section 4600) S S N N N S N Bed & Breakfast (See Article VII DefinitiSns) S N N S S N Cluster Development (See Section 4400) S S N N S S N Continuing Care Retirement Community S S N N S S N Cottgeny N S N S S SN Lodging house N S N S S S N MHPolkre N N N N N NN Motel or Motor Court N S N S S S N 2320. ACCESSORY USES Accessory Apartment (see Section 4115) Y N N N Y Y N Accessory Dwelling Unit (See Section 4130S S N N S S N Camper storage (See Section 4120) Y Y Y Y Y Y N Commercial Marine Fishing Equipment StoraYe BL-1 Y Y Y Y Y BL-2 N ComDmieway S S S S S S Home occupation (12) (See Section 4110) Y Y Y Y Y Y N Lodging for not more than six guests Y Y Y Y Y Y N Parking (10) Y S S S S N Private garage, boat house Y Y Y Y Y Y N Sale of produce, 50% or more raised on prYmises Y Y Y Y Y N Stables (9) Y Y Y Y Y Y Temporary construction office Y Y Y Y Y Y N Residential Wind Turbines (See S. 4160) STM 1/1N/08 S N N S S N 16 Use regulation schedule notes: 1. Only on premises of five (5) acres or more, otherwise "N". Structures containing such animals not to be located within 100 feet of a lot line or within 200 feet of a dwelling not on the same lot. 2. Not more than two cattle per acre or their equivalent in terms of waste products shall be allowed unless special waste handling procedures satisfactory to the Board of Health are provided. 3. Seedefinition. 4. Reserved for future use. (Amended 5/4/98) 5. No more than 40% of the floor space to be used for retailing. Products to be retailed must be directly related to the primary industrial activity. 6. May be allowed in the R-1 and R-2 Districts only on lots having both a minimum of 200 feet of frontage on Route 130 and a minimum of two acres in lot area. In the R-1 and R-2 Districts, all buildings, structures and parking areas for this use shall have a minimum side and rear setback of 50 feet. 7. Only on lots of fifteen (15) acres or more, within a single building containing at least 10,000 square feet of floor area, of which no more than 75% is used for retailing. (Added STM 8/92) 8. Only on parcels of five (5) acres or larger 9. But not more than one horse on less than one acre. 10. For six (6) or more cars. 11. Not allowed on parcels less than 25 acres in area. Setback requirements of the district are doubled for spa lots. The spa lot must maintain a 50' undisturbed vegetated buffer around the lot perimeter. 12. Tattoo/Body Art Establishments shall be prohibited as home occupations. 13. In the R-1, R-2, Ridge, Shore and Bl-1 such storage shall be limited to one boat and one boat trailer per principal use. 14. Any permitted use allowed as a matter of right (“Y”) within the RD-2 District shall be subject to, at the discretion of the Building Inspector, Site Plan Review, which shall include a review by the appropriate town agencies and departments prior to the issuance of a building permit, said review to be coordinated by the Town of Sandwich Office of Planning and Development. 2321. Uses whether or not on the same parcel as activities permitted as matter of right, accessory to activities permitted as a matter of right, which activities are necessary in connection with scientific research or scientific development or related production may be permitted upon the issuance of a special permit provided the Special Permit Granting Authority (SPGA) finds that the proposed accessory use does not substantially derogate from the public good. 2400. Non-Conforming Uses. The use of any structure or land lawfully existing at the time of the enactment or subsequent amendment of this bylaw may be continued although such structure or use does not conform with provisions of this by-law, subject to the following conditions and exceptions: 2410. Abandonment. A non-conforming use of a building or land, which has been abandoned for a period of two (2) years, shall not thereafter be returned to such non-conforming use. A non-conforming use shall be considered abandoned when the premises has been vacant for two years, or when the characteristic equipment and/or furnishings of the non-conforming use have been removed from the premises and have not been replaced by similar equipment, whichever shall occur first. 2420. Change, Extension Or Alteration. No change, extension or alteration of a pre-existing non-conforming use and no change, extension or alteration of a pre-existing nonconforming structure may be made except upon the issuance of a special permit from the Zoning Board of Appeals. Such a special permit may be granted only if the special permit granting authority finds that the proposed change, extension or alteration of a pre-existing non- conforming use, or change, extension or alteration of a pre-existing non-conforming structure is not substantially more detrimental to the neighborhood than the existing nonconforming use or non-conforming structure. Provided, however, that alteration, reconstruction, extension or structural change to a lawfully existing single or two-family residential structure shall not be subject to the special permit requirements of this Section 2420 if the alteration, reconstruction, extension or structural change does not increase the nonconforming nature of the structure. (Amended 1/14/08) The following conditions shall apply to any special permit granted under this section: a). When the permit applicant requests either a change, extension or alteration of a non-conforming use or change, extension or alteration of a non-conforming structure, any change, extension or alteration may occur only upon those parcels of land upon which the pre-existing non-conforming use or structure is located; b). When the permit applicant requests either a change, extension or alteration of a non-conforming use, or a. 17 change, extension or alteration of a non-conforming structure, the permit applicant shall substantially screen all new parking from abutters and from streets. (5/4/98) 2430. Restoration. In case of destruction or damage by fire or other catastrophe, a legally non-conforming structure may be rebuilt in substantially the form it had at the time of the destruction or damage, or in any form if within applicable setback requirement and not larger than previously, provided that reconstruction is started within twelve (12) months and completed within twenty-four (24) months of the catastrophe. 2500. INTENSITY OF USE REGULATIONS 2510. All buildings hereafter erected in any district shall be located on a lot such that all the requirements set forth in Section 2600 are conformed with, except where specifically exempted by this by-law or by General Law. Construction or operations under a building or special permit shall conform to any subsequent amendment of the ordinance or by-law unless the use or construction is commenced within a period of not less than six (6) months after issuance of the permit and, in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable. 2520. No lot shall be changed in size or shape so as to result in a violation of Section 2600, if such alteration increases the number of actual or potential building lots. 2530. Where no street line has been established or can be readily determined, such line shall be assumed to be twenty-five feet (25') from the center of the traveled roadway for the purpose of applying these regulations. 2540. Multiple Principal Buildings on the Same Lot. a. ResidentiaD l istricts. Up to two principal dwellings may be allowed in R-1, R-2, and Ridge zoning districts on the same lot, but only upon issuance of a special permit by the Zoning Board of Appeals. Such a special permit shall not be issued unless the subject lot has at least twice the minimum lot area required for one principal dwelling, at least the required frontage for one principal dwelling; and then only if both proposed dwellings satisfy all of the minimum yard, lot coverage and other dimensional requirements set forth under Section 2600. b. CommerciaD l istricts. Multiple principal buildings may be allowed in the BL-1,
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