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A TRUE COPY, ATTEST: Deborah deB. Ratcliff, Town Clerk ZONING BY-LAW TOWN OF OAK BLUFFS, MASSACHUSETTS ADOPTED BY TOWN MEETING APRIL 8, 2003 (Includes changes adopted through April 10, 2007) 1 SECTION 1.0 PURPOSE AND AUTHORITY 1.1 PURPOSE These regulations are enacted to promote the general welfare of the Town, to protect the health and safety of its inhabitants, to encourage the most appropriate use of land throughout the town, to preserve the cultural, historical and agricultural heritage of the co mmunity, to increase the amenities of the town, and to reduce the hazard from fire by regulating the location and use of buildings and the area of open space around them, all as authorized by, but not limited by, the provisions of the Zoning Act, G.L. c. 40A, as amended, and Section 2A of 1975 Mass. Acts 808. 1.2 AUTHORITY This Zoning By-law is enacted pursuant to the authority provided by Gene ral Laws, Chapter 40A, and any and all amendments thereto, and by Article 89 of the Amendments to the Constitution of the Commonwealth of Massachusetts. 1.3 SCOPE For these purposes, the construction, repair, alteration, reconstruction , height, number of stories, and size of buildings and structures, the size and width of lots, the pe rcentage of lot area that may be occupied, the size of yards, courts, and other open spaces, the densi ty of population, and the location and use of buildings, structures and land in the Town are regul ated as hereinafter provided. 1.4 APPLICABILITY All buildings or structures hereinafter erected, reconstructed, altered, enlarged, or moved, and the use of all premises in the Town, shall be in conformity with the provisions of the Zoning By-law. No building, structure or land shall be used for any purpose or in any manner other than is expressly permitted within the district in which such building, structure or land is l ocated. 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. Uses not expressly allowed are prohibited. 1.5 AMENDMENTS This By-law may from time to time be changed by amendment, addition, or repeal by the Town Meeting in the manner provided in G.L. c. 40A, s.5, and any amendments thereto. 1.6 SEPARABILITY The invalidity of any section or provision of this By-law shall not invalidate any other section or provision herein. 2 SECTION 2.0 DISTRICTS 2.1 ESTABLISHMENT For the purpose of this By-law, the Town is divided into the types of zoning districts set forth below: Residence One R1 Residence Two R2 Residence Three R3 Residence Four R4 BusOBnss BusTBess HCeaHhC 2.2 OVERLAY DISTRICTS In addition, the following overlay districts are also hereby established : Section 8.0: (Amended 4.12.06 ATM Art 18, AG approved and published 7.17.06) Map of the Oak Bluffs Massachusetts Water Protection Overlay District January 2006 PlaiFPOD Wireless Communication Overlay District WCOD Section 9.0: Districts of Critical Planning Concern DCPC 2.3 MAP The location and boundaries of the zoning districts are hereby establish ed as shown on a map entitled, "Oak Bluffs Zoning Map," approved by the Attorney General on M ay 21, 2002. Said map is on file in the office of the Town Clerk. All explanatory legend an d memoranda thereon or 3 attached thereto are hereby declared to be a part of this By-law. Any change in the location of boundaries of a zoning district hereafter made through the amendments of this By-law shall be indicated by the alteration of such Map, and the Map, thus altered, is d eclared to be a part of the By-law thus amended. Photographic reductions of this Zoning Map may serve as copies of the Zoning Map. Article 13. Voted in excess of the 2/3rds required to amend the “Oak Bluffs Zoning Map”, as defined in 2.3 of the Oak Bluffs Zoning By-laws, by altering the boundar y between the B-1 Zoning District and the R-1 Zoning district so as to include the property known as 52 Narragansett Ave (Assessors Map 11, Parcel 25) within the B-1 Zoning D istrict. Yes 97 No 37. (Amended STM 1.18.05 Art 13, AG Approved 2.23.05, Published 3.11.06) Petitioned Article 2.3.1. Rules for Interpretation of Zoning District Boundaries. Where uncertainties exist as to the boundaries of districts as shown on the Zoning Map (Map) the follo wing shall apply: 1. Where the boundary lines are shown upon the Map within the side lines of p ublic and private ways, railroads or water courses, the center lines of such ways shall be the boundary lines. 2. Where the boundary lines are shown upon the Map, approximately on the location of property or lot lines, and the exact location of property, lot or bounda ry lines is not indicated by means of dimensions shown in figures, then the property or lot lines shall be the boundary lines. 3. Boundary lines located outside of such lines of public and private w ays and shown approximately parallel thereto shall be regarded as parallel to such side lines and dimensions shown in figures on the Map between such boundary lines and side lines of public and private ways are the distances in feet of such boundary lines from such side lines, such distances being measured at right angles to such side lines unless otherwise indicated. 4. In all cases which are not covered by other provisions of this Secti on, the location of boundary lines shall be determined by the distance in feet, if given, from other lines upon said Map, by the use of identifications as shown on the Map, or by the s cale of the Map. 5. Where a district boundary line divides a lot which was, as a matter of record, in existence on the effective date of this chapter, the Board of Appeals may permit, by special permit, the extension of the regulations of the less restricted district a d istance not to exceed 30 feet beyond the district line into the remaining portion of the lot in the more restricted district. 6. Where boundary lines are contour lines they are of indicated elevation abo ve the datum 4 mean sea level of the U.S. Geological Survey. 2.3.2 Amendment of Map. Any change of the Zoning Map shall constitute an amendment of this By-law and the procedure for making such a change shall conform to the requirements for amending this By-law. 2.4 Health Care District (Section added 4.12.06 ATM Art 20, AG approved and published 7.17.06) 2.4.1 Purpose The Health Care District is intended primarily for health care related uses, including but not limited to the following: hospitals, physicians offices, nursing and conval escent homes, long term care facilities, laboratories, elder and child care establishments, substance abuse services, and other uses associated with the maintenance and restoration of the physical and mental well-being of the residents of and visitors to Martha’s Vineyard and other uses ancillary thereto. 2.4.2 Permitted Uses In the Health Care District, no building or structure shall be construct ed or altered, and no building(s), structure(s), or premises shall be used for any purpose except: 18.104.22.168 Any uses authorized in the R-1, R-2, R-3 and R-4 Residential Districts 22.214.171.124 A health care related use, consistent with the purposes set fort h in Section 2.4.1 above and so long as the total floor area of all structures in the Health Care District used for health care related uses does not exceed 100,000 squar e feet. 2.4.3 Uses by Special Permit At any time that the total floor area of all health care related uses in the Health Care District exceeds 100,000 square feet, any additional or expanded health care related use(s) may only be granted by Special Permit, The Board of Appeals may grant a Special Permit for such health care related use(s). In determining whether to grant such a Special Permit, the Board of Appeals shall consider the factors set forth in Section 10.3 of this By-law. 2.4.4 Permitted Accessory Uses and Structures Within the Healthcare District Any use which is customarily accessory, subsidiary, and incidental to a permitted principal use, or any use which is supportive of or reasonably necessary for a permitted use shall be permitted on the same lot with said principal use. 2.4.5 General Regulations It shall be permissible to erect more than one (1) structure on a single lot in the Health Care District provided that the dimensional requirements of this Section 2.4 and Appendix B are met for such structures. 5 SECTION 3.0 USE REGULATIONS 3.1 PRINCIPAL USES No land shall be used and no structure shall be erected or used except a s set forth in the following Table of Use Regulations, including the notes to the Schedule, or as otherwise set forth herein, or as exempted by General Laws. Any building or use of premises not herein expressly permitted is hereby prohibited. 3.1.1 Key. In the Table of Use Regulations, the following terms shall be employed: Y - Permitted as of right N - Prohibited BA - Special permit/Board of Appeals PB - Special Permit/Planning Board SB - Special Permit/Selectboard 3.1.2 If Classified Under More than One Use. Where an activity may be classified as more than one of the principal uses listed in the Table of Use Regulations, t he more specific classification shall determine permissibility; if equally specific, the more restrictive shall govern. 3.1.3 Table of Use Regulations. SEE APPENDIX A. 3.2 ACCESSORY USES 3.2.1 Permitted Accessory Uses in All Districts. The following accessory uses are specifically permitted as of right or by special permit: 1. Accessory Scientific Uses. Uses, whether or not on the same parcel as activities permitted as a matter of right, which are necessary in connection with scientific resear ch or scientific development or related production, may be permitted upon the issuance of a special permit by the Board of Appeals, provided that the Board finds that the propo sed use does not substantially derogate from the public good. 2. Wireless Communication Equipment. Wireless communications equipment may be placed on any appropriate existing structure, including a monopole authorized by special permit in the Wireless Communication Overlay District, upon site plan approval by the Planning Board. Such equipment may be placed upon or inside existing buildings or 6 structures, including water tanks and towers, church spires, electrical transmission lines, and the like. In such cases, the facility height shall not exceed two (2) feet above the height of the existing structure or building. The construction of new mo nopoles shall be regulated by Section 8.3, herein. 3.2.2 Nonresidential Accessory Uses in the B1 and B2 Districts. Any use permitted as a principal use is also permitted as an accessory use provided such use is customarily incidental to the main or principal building or use of the land. Any use authorized as a p rincipal use by special permit may also be authorized as an accessory use by special permit provided such use is customarily incidental to the main or principal building or use of the land. Any use not allowed in the district as a principal use is also prohibited as an accessory us e. Accessory uses are permitted only in accordance with lawfully existing principal uses. In all instances where site plan review and approval is required for a principal use, the addition o f any new accessory use to the principal use, where such addition exceeds the thresholds establishe d in Section 10.4, shall also require site plan review and approval. 3.2.3 Residential Accessory Uses in All Districts. (Amended 4.12.06 ATM Art.16, AG approved and published 7.17.06) Home businesses are allowed in accordance with Section 3.2.4 herein upon ful fillment of the application, fee, and all other requirements. The following specific uses are permitted as of right or by special permit when accessory to a residence in all districts as set forth herein. 1. Family Day Care Homes. Small family day care homes, are allowed as an accessory use as of right. Large family day care homes may be authorized upon the grant of a special permit by the Board of Appeals. 2. Adult Day Care Homes. Small adult day care (up to six nonresident adults over the age of sixteen (16) may be offered as an accessory use of right; large adult day care (seven or more nonresident adults over the age of 16) may be authorized as an accessory use upon the grant of a special permit by the Board of Appeals (Added STM 12.2.03, AG Approved 3.26.04, Published 4.9.04) 3. Boarders in Single-Family Dwelling. The renting of rooms and/or furnishing of board to not more than three unrelated persons in a single family dwelling by the owner/occupant thereof shall be a permitted acce ssory use. The renting of rooms and/or furnishing of board to four or more unrelated persons shall be deemed a boarding house subject to the provisions of the Table of Regulations and G.L. c. 140 s. 22. (Added STM 12.2.03, AG Approved 3.26.04, Published 4.9.04) 4. Contractor’s Yard . The use of a residential premis es as a place for the storage of building materials or equipment is permitted as an accessory use on a parcel larger than 2 Acres as of right after site plan approvalby the Planning Board, or by special permit of the 7 Board of Selectmen on a smaller parcel. (Added STM 12.2.03, AG Approved 3.26.04, Published 4.9.04) 5. Storage or Parking of Commercial Landscaping Equipment. The use of a residential premises as a place for the st orage or parking of commercial landscaping equipment or supplies is permitted as an accessory use on a parcel larger than 2 Acres as of right after site plan approval by the Planning Board or by special permit of the Board of Selectmen on a smaller parcel.(Added STM 12.2.03, AG Appr oved 4.26.04, Published 4.9.04) 6. Overnight Parking of Commercial Vehicles. (Added STM 12.2.03, AG Approved 3.26.04, Published 4.9.04) The use of residential premises as a place for the overnight parking of commercial vehicles owned or operated by a resident of the premisesis authorized as an accessory use, subject to the following limitations: a. One or two commercial vehicles less than 15,000 gvw are allowed as of right. b. three or more commercial vehicles less than 15,000 gvw are allowed by special permit of the Board of Selectmen. c. One or two commercial vehicles morethan 15,000 gvw but less than 26,000 gvw may be allowed by special permit of the Board of Selectmen. 3.2.4 Home Business – As of Right (Section added ATM 4.12.06 Art.16 – Replacing section former 3.3, AG approved and published 7.17.06) One (1) home occupation may be conducted by the resident owner of a premises as of right upon fulfillment of the application, fee, and all other requirements, provided that it meets all of the following conditions: Such business shall: 1. be conducted solely within a dwelling and solely by the person(s) o ccupying the dwelling as a primary residence; 2. be clearly incidental and secondary to the use of the premises for residential purposes; 3. not produce offensive noise, vibration, smoke, dust, odors, heat, lighting, electrical interference, radioactive emission or environmental pollution in accordance with the provision in Section5.0; 4. not utilize exterior storage of material or equipment (including the parking of commercial vehicles) except as may be otherwise allowed by the Zoning By-law; 5. not exhibit any exterior indication of its presence or and variation from residential appearance; 6. not produce any customer, pupil, client or delivery trips to the occupation site and has no non-residential employees; and 7. be registered as a business with the Town Clerk. 3.2.5 Home Business – By Special Permit 8 One (1) home occupation may be conducted by the resident owner of a premises upon the grant of a Special Permit by the Board of Selectmen upon fulfillment of the application, fee, and all other requirements. Such Special permit shall expire at the transfer of the property. Such Special Permit shall be subject to the following conditions: 1. No more than three (3) persons (excluding members of the family residing on the premises) shall be employed on the premises in the home occupation; 2. Such business shall be clearly incidental and secondary to the use of the premises for residential purposes; 3. Except for a permitted sign, there shall be no exterior display or exterior storage of merchandise, material or equipment and no indication of the home occupation or variation from the residential character of the area; 4. No offensive noise, vibration, smoke, dust, heat or glare shall be produced; 5. Traffic generated shall not exceed volumes normally found in residential neighborhoods; 6. Parking generated shall be accommodated off-street other than in a required front yard and shall be limited to five (5) parking spaces; 7. Such parking shall be screened from the street and all adjoining lots so as not to vary from the residential character of the area; 8. All home businesses shall conform to the rules and regulations of the Oak Bluffs Board of Health; 9. There shall be no retailing, wholesaling or rental of items not principally produced on the premises unless incidental to other allowed activities; 10. Items left for service shall be stored indoors within the prescribed area(s ) set forth in subsection 12. 11. A home business shall be limited to not more than five (5) customers or persons utilizing a service on the premises at any one time; 12. The area used for a home business shall be limited to one of the following: a. 750 sq. ft. within a dwelling b. 750 sq .ft. within an accessory building c. 750 sq .ft. within any combination of dwelling and accessory building. 13. The owner of any home business legally existing at the time of the adoption of this By-law must register with the Town Clerk within ninety (90) days of the effective date of this By- law; 14. If the owner of a legally pre-existing home business wishes to change or expand the home business s/he must apply for a Special Permit. 3.3 HOME OCCUPATIONS (Section replaced STM 12.2.03 Art 15, AG Approved 3.26.04, Published 4.9.04)(This section was deleted and replaced by above section 3.2.4 and 3.2.5 at the 4.12.06 ATM Art. 16, AG approved and published 7.17.06). 3.4 ACCESSORY OR GUEST APARTMENTS 3.4.1 Purpose. For the purpose of (a) providing small additional dwelling units to rent without adding to the number of buildings in the Town, or substantially altering the appearance o f the 9 Town, (b) providing alternative housing options for elder residents, a nd (c) enabling owners of single family dwellings larger than required for their present needs, particularly elderly homeowners, to share space and the burdens of home ownership, an accessory or guest apartment is a permitted use in the R1, R2 and R3 Districts, subject to the following condi tions:. 3.4.2 Conditions. The Building Commissioner shall verify that all of the following conditions have been met: 1. A plot plan of the existing dwelling unit and proposed accessory apa rtment shall be submitted, showing the location of the building on the lot, proposed accesso ry apartment, location of any septic system and required parking. A mortgage inspection survey shall be sufficient to meet this requirement. 2. The house must have been owner occupied by the applicant for the five previous years and must continue to be owner occupied after the conversion is allowed. An af fidavit shall be provided stating that one of the two dwelling units shall be oc cupied by the owner of the property, except for bona fide temporary absence; seasonal occupation by the owner shall not disqualify the applicant. 3. Not more than one accessory apartment may be established on a lot. The accessory apartment shall not exceed 750 sq. ft. in floor space and shall be located in the principal residential structure on the premises or in an accessory structure. 4. There must be at least 7500 square feet of open space on the lot which is unpave d and unoccupied by any structure. 5. The external appearance of the structure in which the accessory apar tment is to be located shall not be significantly altered from the appearance of a single-family structure. 6. Sufficient and appropriate space for at least one (1) additional p arking space shall be constructed by the owner to serve the accessory apartment. Said parking space shall be constructed of materials consistent with the existing driveway and shall have vehicular access to the driveway. 7. No permits under this section may be granted within the coastal district. 3.4.3 Special Permit. If the applicant is unable to satisfy one or more of the conditions set forth above, the Board of Appeals may, by special permit authorize such dwelling unit. Such special permit may be granted by the Board of Appeals only upon a finding that the constr uction and occupancy of the apartment will not be detrimental to the neighborhood in which the lot is located and after consideration of the factors specified in Section 10.3 of this Zoning By-Law, governing special permits. 10 3.5 NONCONFORMING USES AND STRUCTURES (Section replaced 4.12.05 Art. 17, AG Approved 7.13.05, Published 7.26.05) 3.5.1 General. Except as hereinafter provided, a zoning by-law shall not apply to str uctures or uses lawfully in existence or lawfully begun, or to applications made for Permits, Special Permits and Building Permits submitted before the first publication of the notice of public hearing on su ch by-law. This Zoning By-law shall apply except as provided herein to the following: 1. Any change or substantial extension of a non-conforming use. 2. Reconstruction extension or structural change of a non-conforming use. 3. Any alteration of a structure begun after the first publication ofnotice of public hearing of the by-law. 3.5.2 Abandonment. A non-conforming use which has been abandoned for a period of two (2) years shall not be reestablished and any future use shall conform with the Oak Bluffs Zoning By- Laws. 3.5.3 Changes. Once changed to a conforming use, no structure shall be permitted to revert back to a non-conforming use, except where this by-law makes provisions for Special Permit consideration. 3.5.4 Exemption. Where alteration, reconstruction, extension or structural change to a sing le or two family residential structure does not increase the non-conforming nature, neither public hearing nor Special Permit from the Board of Appeals is required for said alteration, reconstruction, extension or structural change. 3.5.5 Special Permit. No pre-existing non-conforming uses and structures shall be changed, moved or extended and no pre-existing non-conforming uses and structures or buildings shall be altered or enlarged or replaced by a new building except as permitted in Section 3.5.4, 3.5.6 and G.L. c. 40A, s.6 unless, upon application to the Board of Appeals for a Special Permit, the Board of Appeals has made a finding that such change, extension or alteration shall not be sub stantially more detrimental than the existing non-conforming use or structure to the neighborhood. 3.5.6 Limitation of Restoration. In the case that any non-conforming building is damaged by fire or any other cause, restoration work must be undertaken within two (2) years of the time damage is inflicted unless, upon application to the Board of Appeals, it can be shown that restoration within the time limit is impossible, in which case extension of time may be granted. In the event that a non-conforming building is destroyed or damaged by fire or other cause, the same may be reconstructed or repaired on the same location for the same or less conforming use, provided that the new building may be equal in extent and character to the original structure SECTION 4.0 DIMENSIONAL REGULATIONS 11 4.1 GENERAL No structure shall be erected or used, premises used, or lot changed in size or shape except in conformity with the requirements of this section, unless otherwise exempted by this By-Law or by statute. 4.1.1 One Structure per Lot. Except as otherwise provided herein, not more than one principal structure may be placed on any lot. 4.1.2 Change of Lot. No existing conforming or non-conforming lot shall be changed in size or shape except through a public land taking or donation for road widening, drainage, or utility improvements or except where otherwise permitted herein, so as to create a non-conformity or increase the degree of non-conformity that presently exists. If land is subdivided, conveyed, devised or otherwise transferred in violation hereof, no building or oth er permit shall be issued with reference to said transferred land until the lot retained meets the requirements of this By- Law. 4.1.3 Table of Dimensional Requirements. See Appendix B. 4.2 SPECIAL DIMENSIONAL REGULATIONS 4.2.1 Eaves and Steps. Projecting eaves and uncovered steps shall not be governed by this Section 4.0. 4.2.2 Corner Clearances. On a corner lot no fence, wall, structure, planting shrubbery or foliage more than 30" in height above the plan of the established grade of the str eets shall be erected in any part of a yard herein established, that is included withi n the street lines at points which are twenty (20) feet distance from their point of intersection measured along said street lines, which would materially obstruct the view of a driver of a vehicle approaching a stree t intersection. 4.2.3 Special Rules in the B1 District. Any structure in existence at the time of the enactment of this Zoning By-law that is higher than 35 feet or within 5 feet of the front lot line shall not be considered a non-conforming structure for the purposes of any proposed alteration or change to said structure. 4.2.4 More than One Dwelling on One Lot. No permit shall be granted for more than one dwelling structure per parcel or defined lot of land, unless each such s tructure complies with lot area requirements without counting any land twice, and the Planning Board certifies t hat each structure will be provided with access and utilities in the same manner as otherwise required for lots within a subdivision. 4.2.5 Lot Coverage. No permit shall be granted for the construction of a new dwelling that 12 would occupy more than one third of the lot area. 4.2.6 Special Permit for Height in the HC District. Notwithstanding the provisions of the Table of Dimensional Requirements, the Board of Appeals may authorize by the grant of a special permit a structure not higher than fifty (50) feet. In addition to the criteria set forth in Section 10.3.2, the Board of Appeals shall consider the impact of such height increase and accompanying shadows on neighboring properties and view corridors. (Section added 4.12.05 Art.16, AG Approved 7.13.05, Published 7.26.05)(Section renumbered ATM 4.12.06 Art 19, AG approved and published 7.17.06) 4.2.7 Special Permit for Setbacks Within the R-1 District. The purpose of this provision is to maintain the historic character of the buildings and the streetscapes wit hin an area consisting primarily of historic structures on very small lots and with much smaller setbacks than those required by current zoning regulations. Within those sections of the R-1 Residential District consisting of the Copeland Overlay District Sections A, B, C, and D, the Board of Appeals may grant Special Permit relief from the requirements for the front setback(s) of a lot. (Section added 4.12.06 ATM Art 22, AG approved and published 7.17.06) 4.2.8 Special Permit for Height in the B-1 District The height of a building in the B-1 District shall not exceed 35 (thirty-five) feet except for the purpose of restoring or reproducing Victorian architectural features such as turrets or towers and/or decorative elements that extend above the main roof line. The Board of Appeals may grant a Special Permit in excess of 35 (thirty five) feet in dimensional height for such purpose if determined to be historically appropriate. In considering the Special Permit application, the Board of Appeals shall request comments from the Oak Bluffs Historical Commission on the appropriateness of the application. (Section added ATM 4.12.06 Art 21, AG approved and published 7.17.06) 4.3 SPECIAL PERMIT FOR AFFORDABLE HOUSING 4.3.1 General. The Planning Board may grant a special permit for the construction of an affordable dwelling unit on a lot having not less than five thousand squ are feet, subject to the following conditions. 4.3.2 Conditions. 1. The unit shall be sold at a price affordable to a household or perso n in Dukes County under the applicable guidelines of the Commonwealth's Department of Housing and Community Development earning not more than 80% median income. If the unit is to be constructed and occupied by the original applicant for the special permit, such applicant shall meet the income guidelines applicable for the sale of such unit and the unit shall be 13 deemed to have a value no greater than the limits established by the Department for resale purposes. 2. The unit shall be deed restricted for a period of not less than THIR TY (30) years as affordable for persons or families in Dukes County under the applicable guidelines of the Commonwealth's Department of Housing and Community Development earning less than 80% of the median income. 3. Prior to the sale or any subsequent sale of the unit, deed restricti ons complying with the terms set forth above shall be approved as to form by the Board’s legal counsel. 4. The lot shall be served by municipal water. 5. The structure shall meet the front setback requirement. The side and rear yard requirements for the district may be adjusted by special permit of the Planning Board. 6. Nothing herein shall be construed to waive otherwise applicable prov isions of G.L. c. 40A, s. 6, Para. 4, governing the merger of lots. 4.4 ACCESSORY STRUCTURES IN THE R1, R2, R3 AND R4 DISTRICTS (Amended 4/12/06 ATM Art. 15.) 4.4.1 Less than 100 Square Feet. The minimum setback between any shed of one hundred (100) square fe et or less and any lot line other than the street line shall be five ( 5) feet. 4.4.2 Less than 500 Square Feet; Used as a Garage: The minimum setback between any structure of five hundred (500) square feet or less used solely as a garage, and any lot line other than th e street line shall be ten (10) feet. 4.4.4 Detached Bedroom: (Added 4.12.06 ATM Art 15, AG approved and published 7.17.06) In any residential district, a detached bedroom is allowed by Special Permit issued by the Board of Appeals. A detached bedroom is defined as either a free-standing structure or a bedroom over a non-habitable accessory structure with all of the conditions set forth in Section 3.4.2 and the following: 1. Bedroom and bathroom only 2. No sitting room(s), no entrance alcove(s), no hallways 3. Living space to be no larger than four hundred (400) square feet, including but not limited to bathroom, closet(s) and enclosed porches 4. Bathroom plumbing only. Only one (1) each hand sink, toilet and tub/shower 5. No stove or refrigerator 14 6. There must be at least seven thousand five hundred (7,500) square feet of open space on the lot which is unpaved and unoccupied by any structur e 7. Building Official is allowed right of entry for compliance inspection 4.4.5 Pools (Section added 4.12.06 ATM Art 17, AG approved and published 7.17.06) 126.96.36.199 General A swimming pool may be considered accessory to the use of a residence, subject to the following conditions: 188.8.131.52 Conditions 1. Such pool is used solely by the residents and their guests; 2. Except by Special Permit from the ZBA, no portion of the pool may be located within 20’ of any property bound in zoning districts R1 & R2 and 50’ in R3 & R4. 3. The pool is securely fenced and the enclosure shall meet the requirements of 780CMR 421.9; and 4. Such pool must meet all Board of Health setback requirements for septic and any other applicable regulations. SECTION 5.0 GENERAL REGULATIONS 5.1 OFF-STREET PARKING REQUIREMENTS 5.1.1 General. Required parking shall be provided on the same lot as the main use it is to serve. All required parking spaces shall be 9' x 18'. 5.1.2 Applicability. In the B1 District only, no structure shall be changed from residential to nonresidential or multifamily use and no permit to construct or enlarge a business structure shall be issued unless adequate off-street parking is provided and approved by the Planning Board. 5.1.3 Required Off-Street Parking Spaces in the B1 District. 1. Retail sales and services establishments: one parking space for each 100 sq. ft. of new floor area for the first 500 sq. ft. and one parking space for each addi tional new 200 sq. ft. 2. Places of public assembly: one parking space for every additional five seats within. 3. Restaurants, Theaters, Halls, Clubs: one parking space for each addi tional four seats. 4. Office or professional use: one parking space for each 150 sq. ft. of new gross floor area. 5. Inns, hotel or guest houses: one parking space for each 24 of the fi rst additional five bedrooms and one parking space for each three additional bedrooms. 6. Other undefined uses: the number of parking spaces required will be determined by the Planning Board after evaluating the projected demands. 15 5.1.4 Special Permit . (Section replaced STM 12.2.03 Art 16, AG Approved 3.26.04, Published 4.9.04) Except in the B-1 District, any parking requirm eents set forth herein may be reduced upon the issuance of a special permit by the Planning Board if the Board finds that the reduction is not inconsistent with public health and safety, or thatthe reduction promotes a public benefit. Such cases might include: a. Use of a common parking lot for separate uses having peak demands occurring at different times. b. Age or other characteristics of occupants of the facility requiring parking which reduces auto usage. c. Peculiarities of the use which make usual measures of demand invalid. d. Availability of on street parking or parking at nearby municipally owned facilities. e. Where a special permit is granted, a reserv e area to be maintained indefinitely as landscaped open space may be required sufficient to accommodate the difference between the spaces otherwise required and the spaces reduced by special permit. The parking/site plan shall show (in dotted outline) how the reserve area would be laid out to pr ovide the otherwise required number of spaces. 5.1.5 Special Permit in the B-1 District. (Section added STM 12.2.03 Art 16, AG Approved 3.26.04, Published 4.9.04) 1. Purpose. The B-1 District is the busin ess area of Oak Bluffs. Parking generally provided on street to shoppe rs and business employees. This by-law has been adopted pursuant to M.G.L. c. 40A, s 9 in order to authorize an increase in intensity of uses in the B-1 District where the applicant provides traffic and pedestrian improvements and other amenities. 2. Required Parking Uses in the B-1 District shall meet the off street parking requirements set forth in Section 5.1.1, herein 3. Special Permit Where a proposed use in the B-1 District cannot meet the off street parking requirements set fo rth in Section 5.1.1 such off street parking requirements may be waived by special permit granted by the Planning Board where the applicant makes a payment in lieu to the Oak Bluffs B-1 District Parking Mitigation Trust. 4. Payment in Lieu Payments in lieu shall be calculated using the following formula: Number of Required 1-5 Each additional space Each additional space Off-Pstaeitng6-irttfter Spaces 16 Annual Payment in $100/space $75/space $50/space 5.1.6 Shared Parking. (Renumbered from 5.1.5 STM 12.2.03Art 16, AG Approved 3.26.04, Published 4.9.04) Parking required for two (2) or more buildings or uses may be provided in combined facilities where it is evident that such facilities shall continue to be available for the several buildings or uses and where the parking provided meets all of the requirements of this section for each of the uses in the combination. 1. Evidence shall be submitted that parking is available within five hundred (500) feet of the premises, which lot satisfies the requirements of this by-law and has excess capacity during all or part of the day, which excess capacity shall be demonstrated by competent parking survey conducted by a traffic engineer registered in the Commonwealth of Massachusetts. 2. A contract, agreement, or suitable legal instrument acceptable to legal counsel, shall be filed with the application for building permit, occupancy permit, or special permit which shall specify the location of all spaces to be jointly used, the number of such spaces, the hours during the day that such parking shall be available, and the durat ion or limit, if any on such parking. 3. Any reduction in area required for parking because of these joint us e provisions may be required as reserved landscaped open space; such area shall be computed at the rate of four hundred (400) square feet per parking space. 4. Nothing in this section shall relieve the owner from providing parking facilities in accordance with this by-law if subsequently the joint use of parking facilities shall terminate. 5.2 LOADING AREAS. (New section added 12.2.03 STM Art 17, AG Approved 3.26.04, Published 4.9.04) 5.2.1 General All buildings requiring the delivery of goods as part of their function shall be provided with bays and suitable space for the ff street maneuvering and loading of vehicles. 5.2.2 Layout and Design of the Loading Facilities 1. Individual loading spaces, maneuvering areas, entrances and exits shall be suitably identified with lines and arrows, as deemed necessary by the Building Commissioner. 2. Screening and Landscaping Requirements. Loading areas shall be screened in accordance with Section 5.4, herein. 17 5.2.3 Special Permit. The Planning Board may vary any requirement of Section 5.2 upon the grant of a special permit, where such relief will not result in substantial detriment to the neighborhood or the town. 5.3 SIGNS 5.3.1 Purpose. The purpose of these regulations is to encourage signage in Oak Bluffs which will be appropriate to the Town's architectural styles and visual qualities, compatible with the Town's architecture and visual setting, appropriate to the activity announced , legible in the circumstances in which they are seen, and professional in appearance, construc tion and material. 5.3.2 Definitions. The following special definitions shall apply in this Section 5.3: ARCHITECTURAL SIGN: An integral decorative or architectural feature of a building which may include letters or numbers relating to the building. AWNING SIGN: An awning is any temporary or retractable covering or shelter which is supported entirely from the exterior wall of a building. BUILDING: A structure enclosed within exterior walls, built, erected and framed of a combination of any materials, having a roof, to form a structure for the shelter of persons, animals or property. BUSINESS: Activity of some continuity, regularity and permanency, means of material being and livelihood. ESTABLISHMENT: A place of business or businesses, under one ownership, o ccupying a defined area comprised of a building or a portion thereof, and/or a lot or a portion thereof. FACADE: Any separate face of a building. FRONTAGE: A continuous portion of a property line dividing a lot and str eet line. FREE-STANDING SIGN: A sign directly or indirectly, connected to the ground and not attached to any building or other structures. Under free standing sign, insert the words, "other structure" Any free-standing sign must be located entirely within the property bounds. HANGING SIGNS: A sign attached at right angles to a building which has not more than 2 sides, and projects no more than 6 feet from the building. MENU BOXES: A menu box is a weather-tight box constructed of wood with a glass, or plexiglass front and is used to display signs, bulletins, menus, photos and /or other information. 18 MULTIPLE-OCCUPANCY BUILDING: A building with more than one business establishment occupying the street level. OFF-PREMISE SIGN: A sign which advertises or announces a use conducted, or goods that are available elsewhere than within the building or lot on which th e sign is located. For the purposes of this bylaw, a political sign shall not constitute an off-premise sign. POLITICAL SIGN: A non-premise sign which refers only to the issues or candidates involved in a political election and is designed to influence the action of voters. PRE-EXISTING NON-CONFORMING SIGN: A legally erected sign which became non-conforming as a result of the enactment of or a change to zoning. PREMISES: Any lot or building, or combination thereof, held under single lease or ownership of one business establishment. ROOF SIGN: A sign which is erected, constructed, or maintained on or above the roof of a building. TEMPORARY SIGN: A sign, including its supporting structure, intended to be maintained for a continuous period of not more than 30 days. VEHICULAR SIGNS: Any sign on a vehicle which is attached to a structure or accessory which is not a part of the original design of the vehicle. WALL SIGN: A sign which is mounted flush to a wall and projects no more than 12 inches from it; or a sign which is painted upon, or applied to, a building. WINDOW SIGN: A sign painted or posted on an interior translucent surface, incl uding windows and doors, and which is within 12 inches of such surface. 5.3.3 Applicability. These regulations shall apply to all privately owned signs in Oak Bluf fs. 5.3.4 Sign Permits. Except where otherwise exempted, a permit, to be issued by the Building Commissioner, is required for all signs. 5.3.5 Design Standards and Guidelines. 1. Color. Color should enhance the sign's legibility and compliment the sign's visual setting which may include the materials and styles of nearby buildings and landscape. Color choices indicated on this by-law's color chart are preferred. 2. Design. Design, including graphics, should be simple, legible, appropriate to the activity, and compatible with nearby architecture and/or landscape. 19 3. Material. Materials should be visually compatible with the materials of a buildings facade, materials recommended; wood, MDO plywood or metal. The use of plastic should be discouraged. 4. Placement. Placement should respect the basic design of a facade (preferably the design of the original facade) should relate to the positions of nearby signs, and should not obscure architectural/visual themes such as views, architectural shapes, spaces and details which are characteristic of the area. 5.3.6. Prohibited Signs. Signs affixed to poles, public buildings, benches, trees or any other public place without permission of the Board of Selectmen are prohibited. 5.3.7 Signs Allowed in all Districts. The signs listed below are allowed in all districts. Prior to the erection of signs, a review by the Advisory Sign Review Board is req uired. 1. Architectural Signs 2. Awning Signs 3. Directory Signs for Multi-occupancy buildings. A building with multi-occupancy may have one directory sign with an area not to exceed one square foot per t enant, or a total of ten square feet, whichever is less. (Amended ATM 4.13.04 Art 11, AG Approved 5.28.04, Published 6.15.04) 4. Parking and Directional Signs. Signs limited solely to directing on-premise pedestrian or vehicular traffic or regulating the use of parking areas and not to exceed 1 square foot in area per sign. 5. Agricultural Sign. If the majority of the produce sold by an establishment is grown on the premises, an agricultural sign or signs may be maintained, but the total area of such signs may not exceed 10 square feet for each establishment. 6. Temporary Signs Requiring Review by the Advisory Sign Review Board. A sign which describes or relates to a special situation or event may be maintained for a continuous period of not more than 30 days, except if a longer period is specified below. The temporary signs listed below are allowed provided the following conditions are met: a. Construction Sign. One construction sign may be maintained on the premises during construction provided its area does not exceed 8 square feet, and it is removed within 2 days after issuance of the certificate of occupancy. b. Exterior of Building Sign. All temporary signs attached to the exterior of a 20 building may not exceed 5% of the two dimensional facade of the building. c. Oak Bluffs Events Signs. Signs may be displayed in conjunction with official Oak Bluffs holidays or any events permitted by the Board of Selectmen, or celebrations. Signs, not to exceed 20 square feet in size, may be displayed up to 30 days prior to the event and shall be removed within 2 days after the event. d. Window Signs. A window sign may cover no more than 30% of the area of the window in which it appears. e. Theater Signs. Signs announcing a specific film(s). f. Menu and Announcement Signs. Menu and announcement signs not to exceed 5 square feet in total area. For the purpose of this bylaw, menus and announcements shall be considered temporary signs even though maintained or a period of time to exceed 30 days. These signs shall be affixed to the building and shall be contained in menu boxes or on a chalkboard. g. Vehicular Signs. One sign is permitted for the left and right sides of the vehicle. Maximum 2 signs per vehicle. Maximum 5 square feet for each sign. 7. Temporary Signs That Do Not Require A Permit. a. Political Signs. b. Real Estate Signs. One real estate sign is allowed which advertises only the premises on which it is located. Any property located on a dead end road is allowed one additional "off premises" sign on other than the premises for sale with the written permission of the landowner on whose land the additional sign is located. All real estate signs shall be a maximum of three (3) square feet and shall be removed within two (2) days of the signing of a purchase and sale agreement. 5.3.8 Regulations for Residential Districts. Prior to the issuance of a building permit for a wall, hanging, window, or free-standing sign which is to be erected in a Residential District, the Building Commissioner shall determine that the following conditions are met: 1. Each establishment may have one sign (wall, hanging, window; or free-standing). If the frontage of the premise is 100 feet or less on one street, the area of such sign shall not exceed 3 square feet. For each additional 25 feet of frontage on one str eet, the area of the sign may be increased one square foot up to a maximum area of 6 square feet. No free 21 standing sign shall be within 10 feet of any street line nor extend more than 10 feet above ground. 2. Signs Requiring Special Permits. In Residential Districts, the Board of Appeals may allow, by special permit, an off premise free-standing sign to an establishment if the establishment's premise has access to the street on which the sign is located, and the distance between the premise and the sign does not exceed 1000 feet. In no event shall such a free-standing sign exceed 15 square feet in area nor extend more than 15 feet above ground. 5.3.9 Regulations for Business District. Prior to the issuance of a building permit for a wall, hanging, free standing or window sign which is to be erected in a Business District, the Building Commissioner shall determine that the following conditions are met: 1. Street Level Establishments. Each establishment may have 2 signs (in addition to parking, directional and directory signs); any combination of wall and/or window signs or a wall or window signs or a wall or window sign with either a free standing or hanging sign; the total area of which shall not exceed 20 square feet, provided that the hanging or free standing sign does not exceed 8 square feet. A street level establi shment in a multi- occupancy building may have one sign (in addition to parking, directional and directory signs); wall, hanging or window, the area of which is not to exceed 10 square feet. 2. Wall and hanging signs for a street level establishment shall not extend higher than whichever of the following is lowest: a. 25 feet above grade b. The top of the sills of the first level of windows above the ground floo r. c. The lowest point of the roof 2. Above Street Level Establishments. Each above street level establishment may have one sign (in addition to parking, directory and directional signs); wall, hanging, window or free standing, the area not to exceed 10 square feet. 3. Establishments with 2 sides abutting a way. If a street level establishment has 2 or more building sides which abut a way which is open to routine public pedes trian or vehicular passage, then the establishment may have 2 signs (in addition to parking, directory and directional signs) on each building side with a combination of a wall or window sign, with either a hanging or free standing sign not to exceed 20 square feet, provided that the hanging or free standing sign shall not exceed 3 square feet. If the street level establishment in a multi-occupancy building has 2 or more building sides which abut a way which is open to routine public pedestrian or vehicular passage, t hen the establishment may have one sign (in addition to parking, directory and directional sig ns); 22 wall, hanging, or window, not to exceed 10 square feet in area or each b uilding side, provided that the area of the hanging sign shall not exceed 8 square fee t. 4. Multi-occupancy Building Name Signs. Any sign designating a certain building by name, apart and separate from any business conducted on the premises, shall be permitted. The size of this sign shall be as follows: 10 square feet in area or a b uilding with a facade that measures up to 20 linear feet. For each additional 5 linear feet, one more square foot may be added to the area of the sign. 5.3.10 Signs Requiring Special Permits In Business Districts. The following types of signs require special permits: 1. Unusual configuration, location or use of a building, the presence o n a building of the maximum number of signs, and or total signage area specified herein. In granting a special permit, the Board of Appeals may allow an establishment a total area of a sign exceeding that allowed by right and exceeding the restriction specified herein. Pr ior to the grant of a special permit for a sign, the Board of Appeals must find the sign consistent with the Sign Guidelines. 2. Self-illuminating signs 3. Signs with flashing or moving lights 4. Signs with visibly moving parts, except for signs indicating time or temperature or barber poles 5. Roof signs 6. Off-premise signs 5.3.11 Pre-existing Non-conforming Signs. A pre-existing, non-conforming sign may continue to be maintained. Any relocation, redesign, or altering in any way, including r epainting in a different color or re-lettering, must be reviewed by the Advisory Sign Review Board of conformance to this by-law. 5.3.12 Advisory Sign Review Board There shall be an Advisor Sign Review Board whose purpose is to determine and advise the Building Commissioner and/or the Board of Appeals if the proposed, sign is in conformance with these Zoning By-laws. The Sign Review Board shall consist of one member of the Board of Selectmen, one member of the Planning Board, and three residents of Oak Bluffs appointed by the Board of Selectmen for three years staggered terms. All such proposals which are subject to the provisions of Section 184.108.40.206 sh all be forwarded immediately by the Building Commissioner or by the Board of Appeals to the Advisory Sign Review Board. In reviewing applications submitted to it, the Advisory Sign Review Board shall apply the Sign Design Standards and Guidelines and other applicable prov isions of these 23 regulations. The Advisory Sign Review Board shall make such determination as it deems appropriate. All such determinations shall be made in writing to the Building Commissioner within 14 days of the Board's receipt of the application. Recommendations on signs requiring special permits shall be made to the Board of Appeals within 14 days of receipt. 5.3.13 Penalty. The penalty for the violation of this bylaw shall not exceed twenty doll ars for each offense providing that each day such violation continues shall cons titute a separate offense. 5.3.14 Owner's Consent. Prior to the issuance of a building permit for a sign, written approval of the owner of the premises upon which the sign is to be located shall be filed with the Building Commissioner. 5.4 ENVIRONMENTAL PERFORMANCE STANDARDS 5.4.1 General. No activity shall be permitted in any district unless it shall be in conformity with the standards for environmental protection included herein. The Building Commissioner may require an applicant for a building or occupancy permit to supply, at his expense, such technical evidence as is necessary in support of the application, and may, in connection therewith, and at the applicant’s expense, obtain expert advice as necessary to review the plans and proposals of the applicant. After a permit is issued in accordance with this section, continuing compliance is required. When the Building Commissioner suspects a subsequent violation he may, as necessary obtain expert advice, which if the violation is established, shall be pa id for by the violator, otherwise, by the town. The following standards are hereby established. 5.4.2 Noise. No use shall be permitted within the town which, by reason of excessive noise generated there from, would cause nuisance or hazard to persons or property, as set forth in 310 CMR 7.01. 5.4.3 Solid Waste Storage. Any accessory receptacle or structure with holding capacity of at least one hundred (100) cubic feet for temporary storage or solid or liquid waste materials, including garbage, rubbish, junk, discarded bulk items and similar waste items shall be located not less than ten (10) feet from any structure and shall be screened from all adjacent premises and streets from which it would otherwise be visible in accordance with this by-law. Sc reening materials will not be attached to any structure. 5.4.4 Miscellaneous Standards. 1. Outdoor lighting, including lighting on the exterior of a building or lighting in parking areas, shall be arranged to minimize glare and light spilling over to neighboring properties and into the night sky. 2. Cinders, dust, fumes, gases, odors, smoke, radiation, refuse or other waste materials shall be effectively confined to the premises and treated or disposed of in accordance with state, federal, and town laws and regulations. 24 3. No process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in excess of ten (10) percent in line voltage off the premises. 4. All activities involving, and all storage of, inflammable and explosive materials shall be provided with adequate safety devices against hazards from fire and explosion, and with adequate fire fighting and fire suppression equipment standard in this industry. Burning of waste materials in the open contrary to state law is prohibited. 5. All materials which may be edible by or attractive to rodents or insects shall, when stored in or outdoors, be stored in tightly closed containers. 5.4.5 Erosion Control. Site design, materials, and construction processes shall be designed to avoid erosion damage, sedimentation, or uncontrolled surface water runoff by conformance with the following: 1. No area or areas totaling 5,000 square feet or more on any parcel or contiguous parcels in the same ownership shall have existing vegetation clear-stripped or filled to a depth of 6 inches or more so as to destroy existing vegetation unless such activity is done in conjunction with an exempt agricultural use, or unless necessarily incidental to construction on the premises under a valid building permit, Special Permit, or endorsed definitive subdivision plan. The Planning Board may grant a special permit for such work where the Board ensures that runoff will be controlled so as to avoid so il erosion, and that the stripped surface will be stabilized immediately and thereafter. No stripped area or areas which are allowed by special permit shall remain through the winter without a stabilized surface, except in the case of agricultural activity where such temporary cover would be infeasible. 2. The Building Commissioner may require the submission of all information from the building permit applicant or the landowner, in addition to that otherwise specified h erein, necessary to ensure compliance with these requirements, including, if necessary, elevations of the subject property, description of vegetative cover, and the nature of impoundment basins proposed, if any. 3. In granting a special permit hereunder, the Planning Board may require a performance bond to ensure compliance with the requirements of this Section. 5.5 GENERAL LANDSCAPING REQUIREMENTS (New section added 12.2.03 STM Art 17, AG Approved 3.26.04, Published 4.9.04) 5.5.1 Purpose: This section is designed to accomplish the following objectives: to provide a suitable boundary or buffer between residentialuses and districts and nearby nonresidential 25 uses; to define the street edge and providevisual connection between nonresidential uses of different architectural styles; to separate different and otherwise incompatible land uses from each other in order to partially or completely reduce potential nuisances such as dirt, dust, litter, noise, glare from motor vehicle headlights, intrusion from artificial light (including ambient glare) or view of signs, unsightly buildings or parking lots; to provide visual relief and a source of shade in parking lots and other areas, and protectionfrm wind in open areas; to preserve or improve the visual and envir onmental character of the town, as generally viewed from residential or publicly accessibl e locations; and to offer property owners protection against diminution of property values due to adjacent nonresidential use. 5.5.2 Appl
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