Harwich City Zoning Code
ARTICLE V
Use Regulations
§ 325-8 Applicability of use regulations.
[Amended 5-3-2011 STM by Art. 23]
Except as provided by the Zoning Act or this bylaw, in each district no building, structure, water body or lot shall be used or occupied except for a purpose which is authorized by the Table of Use Regulations in the zoning district wherein the land is located, and, if the land, building, structure or water body is located in a Drinking Water Resource Protection District, said land shall not be used or occupied except for a purpose permitted in the underlying zoning district as well as the Drinking Water Resource Protection District. Any use not listed shall be construed to be prohibited. Personal wireless service facilities shall be exempt from the use regulations contained in this bylaw when located on land owned by the Town of Harwich.
§ 325-9 Permitted uses.
[Amended 9-26-2020 ATM by Art. 22]
In the following Table of Use Regulations, the uses permitted by right in the district shall be designated by the letter (P). Those uses that may be permitted by special permit in the district, in accordance with §§ 325-51 and 325-53, shall be designated by the letter (S). Uses designated (-) shall not be permitted in the district. Any use presently listed as a permitted use in the Table of Use Regulations shall be designated as a special permit if the use proposes a structure or structures having a gross floor area of more than 7,500 square feet or 20 or more new parking spaces on the site, except that single-family, multifamily, religious and educational uses shall be exempt from this provision. Some uses listed in the table as allowed as of right (P) or on special permit (S) require a special permit under the site plan provisions of this bylaw.
§ 325-10 Prohibited uses in all zoning districts.
The following uses are strictly prohibited in all zoning districts:
A.
Trailers used for dwelling purposes, when occupied on said premises.
B.
Food sales with drive-up or drive-through facilities.
C.
Airport, landing strip and helicopter pad, except for emergency purposes.
D.
Bituminous concrete or cement mixing plants or establishments.
E.
Metal plating establishments.
F.
Chemical and bacteriological laboratories.
G.
Uses involving the storage of commercial fertilizers as defined in MGL c. 128, § 64 unless such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate.
H.
Nonresidential uses involving the generation, storage, treatment or disposal of hazardous materials as defined in MGL c. 21E unless such storage is above ground level, on an impervious surface, and in an area that has a containment system designed and operated to hold either 10% of total possible storage capacity of all containers or 110% of the largest container's storage capacity, whichever is larger.
I.
Use involving the storage of animal manure unless said storage is in a manner consistent with all applicable state and local regulations relative thereto and as determined by the Board of Health.
J.
The commercial raising or keeping, for use or sale, of swine or fur-bearing animals.
K.
Consistent with M.G.L. c. 94G, § 3(a)(2), all types of nonmedical "marijuana establishments" as defined in M.G.L. c. 94G, § 1, including marijuana cultivators, independent testing laboratory, marijuana product manufacturers, marijuana retailers or any other types of licensed marijuana-related businesses, shall be prohibited within the Town of Harwich.
[Added 5-7-2018 ATM by Art. 34]
§ 325-11 Uses subject to other regulations.
Uses permitted by right or by special permit shall be subject to applicable regulations set forth in this bylaw. Uses permitted by variance from the Board, or changes or extensions of nonconforming uses on permit from the Board, shall be required to comply with all applicable provisions of this bylaw not specifically and expressly varied by the Board. The grant of one form of relief by the Board shall not constitute a finding that all other elements of the project or proposal comply with applicable zoning bylaws.
§ 325-12 Road construction requirements for certificate of occupancy.
No building designed and intended for residential or commercial use or occupation shall be so occupied until any related road construction or improvements have been completed in accordance with Planning Board requirements and the Planning Board has released the road construction covenant or other security provided to the Board pursuant to MGL c. 41, § 81U. Notwithstanding the foregoing, if in the opinion of the Board actual construction of the road or road improvements has been completed in a manner sufficient to warrant occupancy of the building or buildings while the balance of the work is completed, the Board may so certify to the Building Official. Thereafter, the Inspector shall not withhold a certificate of occupancy for said building based on noncompliance with this provision.
§ 325-13 Table of Use Regulations.
The Table of Use Regulations is included at the end of this bylaw. The Table of Use Regulations is divided into paragraphs as follows:
A.
Paragraph I, Residential Uses.
B.
Paragraph II, Public and Quasi-Public Uses.
C.
Paragraph III, Agricultural and Related Uses.
D.
Paragraph IV, Commercial Uses.
§ 325-14 Supplemental regulations.
A.
A trailer, houseboat or other boat shall not be less than 25 feet from any street lot line and shall not be used at any time for sleeping or living purposes.
B.
Agricultural uses consistent with MGL c. 40A, § 3 are permitted by right on lots containing a minimum of five acres. For lots less than five acres, such agricultural uses shall be by special permit.
C.
Animal hospitals and/or kennels and their activities, including the keeping of animals, shall be completely enclosed in pens or other structures.
D.
The noncommercial raising and keeping of not more than two pigs. Pigs and/or swine shall be kept in an enclosure approved by the Board of Health. Said enclosure shall be not less than 50 feet from any bound, boundary line or building used for human habitation in any residential zone, and in no case shall the keeping and raising of pigs and/or swine be permitted on any lot containing less than 40,000 square feet.
E.
Horses are allowable provided that they meet the necessary requirements of the Board of Health. The horse(s) shall be owned by the owner/occupant of the property. There shall be no commercial use of the horse on site, including but not limited to riding lessons, except for lots greater than five acres. Horses are allowable in the Water Resource Protection District with a special permit pursuant to § 325-51C.
F.
Automotive service and repair facilities shall not include a junkyard of any kind or open storage of unregistered vehicles.
G.
Construction industry, including suppliers, shall store all equipment and materials within a building or buildings.
H.
The storage for resale of heating fuels includes but is not limited to oil, coal and gas.
I.
Manufacturing is permitted per Table 1, provided that at no time will such use result in or cause excessive dust, smoke, smog, observable gas, fumes or odors, or other atmospheric pollution, objectionable noise, glare, or vibration discernible beyond the property lines of the industry, hazard of fire or explosion or other physical hazard to any adjacent building or land, or to surface water or groundwater.
J.
Outside storage of materials and supplies displayed for retail sales on the premises does not require screening. All other outside storage, including storage of construction, manufacturing, service wholesale equipment, materials, junk or heavy motorized equipment of any type or open storage of unregistered motor vehicles, automobiles or other vehicles shall be completely enclosed by a solid fence or wall not less than eight feet nor more than 12 feet in height or dense shrubbery in which, when planted, the individual plants are at least three feet in height, with the exception of vehicular entrances and exits not to exceed 24 feet in width. Said fence shall be set back a minimum of 15 feet from abutting road side lines.
K.
Miscellaneous repair services shall be conducted entirely within an enclosed building.
L.
Storage trailers shall be screened from view at the lot frontage.
M.
Yard sales shall not exceed three such sales in any calendar year per property.
N.
In the IL District, retail sale of products is allowed subject to the granting of a special use permit by the Planning Board. Retail sales shall be prohibited in the IL District along Main Street (North Harwich) from Depot Street west to the Dennis town line or any road off said portion of Main Street, as there are existing traffic issues with this dead-end road. In addition, a new retail use in an industrial zone will be subject to site plan review pursuant to § 325-55. The following criteria must be met for granting of the special use permit: the proposed retail establishment or component must offer a product that is allied or connected to a permitted or existing industrial use and the proposed retail establishment or component must be able to coexist with other permitted or existing industrial uses. All such uses that preexist this bylaw will be required to file for a special use permit and a site plan special permit or waiver within 12 months of the effective date of this bylaw.
O.
Any new fast-food/takeout restaurant is subject to special permit review pursuant to § 325-51 and site plan review pursuant to § 325-55. The following criteria must be met for granting of the special use permit: the proposed use will not adversely impact traffic flow and safety and the proposed use will be compatible with surrounding land uses.
[Amended 5-3-2011 STM by Art. 24]
P.
A personal wireless service facility may locate on any existing guyed tower or lattice tower, monopole, electric utility transmission tower, fire tower or any other tower without a special permit, subject to the requirements of § 325-59 and site plan approval.
Q.
A residential accessory building that contains bedrooms is subject to special permit review pursuant to § 325-51. Residential accessory buildings without bedrooms are not subject to special permit review.
[Added 5-7-2013 STM by Art. 12]
R.
(Reserved)
S.
Large-scale ground-mounted photovoltaic array shall be permitted by right within the Solar Farm Overlay District pursuant to the provisions of Article XXIII (§§ 325-138 through 325-148).
[Added 5-7-2018 ATM by Art. 33]
T.
Single-family dwelling with accessory apartment.
[Amended 5-7-2013 ATM by Art. 12; 5-6-2019 ATM by Art. 23]
(1)
Purpose. The intent of permitting accessory apartments is to:
(a)
Increase the number of small dwelling units available for rent in Town;
(b)
Increase the range of choice of housing accommodations;
(c)
Encourage greater diversity of the demographic population with particular attention to young adults and senior citizens; and
[Amended 5-1-2023 ATM by Art. 37]
(d)
Encourage a more economic and energy-efficient use of the Town's housing supply while maintaining the appearance and character of the Town's single-family neighborhoods.
(2)
Definitions.
DWELLING, SINGLE-FAMILY WITH ACCESSORY APARTMENT
Definitions. A single-family dwelling as a principal use, along with a dwelling unit serving as a separate accessory apartment that is either located within the principal dwelling, attached to it or in a detached residential accessory building on the same lot. The accessory apartment shall be a self-contained dwelling unit containing a kitchen, bedroom(s) and bathroom facilities. Accessory dwellings shall have their own separate access from the principal dwelling unit. The accessory apartment shall be an accessory use related to the principal single-family dwelling use.
[Added 5-1-2023 ATM by Art. 37]
OWNER
One or more individuals holding title to the property.
(3)
Criteria. An accessory apartment is allowable within a single-family dwelling, either attached or detached, provided that the following criteria have been satisfied:
(a)
Only one accessory apartment is permitted for each principal dwelling unit.
(b)
The accessory apartment may not be held in separate ownership from the principal use.
(c)
Only one of the principal dwelling or accessory apartment may be rented at any given time and if rented, shall be rented for a term of no less than six consecutive months. Prior to the issuance of a building permit, the owner shall submit a notarized affidavit that states that the owner is or will be in residence in one of the units.
[Amended 5-1-2023 ATM by Art. 37]
(d)
The accessory apartment shall not exceed 1,000 square feet of gross floor area.
[Amended 5-1-2023 ATM by Art. 37]
(e)
The accessory apartment shall have not more than two bedrooms.
(f)
At least one off-street parking space shall be provided for the accessory apartment.[1]
[1]
Editor's Note: Former Subsection T(3)(g), which set forth minimum lot area requirements and immediately followed this subsection, was repealed 5-1-2023 ATM by Art. 37. Article 37 also redesignated former Subsection T(3)(h) through (k) as Subsection T(3)(g) through (j)
(g)
The accessory apartment shall be designed so that, to the degree reasonably feasible, the appearance of the property remains that of a single-family property with matching materials, colors, window styles and roof design for one structure, if the apartment is attached, or for both structures, if the apartment is detached.
(h)
The principal dwelling unit and accessory apartment shall meet all Board of Health wastewater treatment requirements for the combined number of bedrooms.
[Amended 5-1-2023 ATM by Art. 37]
(i)
The proposed use shall not exceed the building or site coverage in the applicable Zoning District.
[Amended 5-1-2023 ATM by Art. 37]
(j)
If an addition to the principal dwelling is to be constructed for the accessory apartment, the addition shall comply all with setback requirements in the applicable Zoning District.
[Amended 5-1-2023 ATM by Art. 37]
(k)
The Zoning Board of Appeals may grant a special permit for preexisting nonconforming principal dwellings and residential accessory buildings that do not comply with the setback or lot coverage requirements in the applicable Zoning District.
[Added 5-1-2023 ATM by Art. 37]
(l)
Upon receipt of a complete building permit application for a change or expansion of use for construction of the accessory apartment, the Building Commissioner shall determine compliance with the criteria listed above.
[Amended 5-1-2023 ATM by Art. 37]
(4)
If the Building Commissioner makes a determination that the owner is not in compliance with the criteria listed above, including Criteria T(3)(c) above, after the issuance of a certificate of occupancy, the owner may be subject to fines for the zoning violation. In addition to being fined, the approval of the accessory apartment may be revoked if the owner does not correct a zoning violation within 30 days. If the approval of the accessory apartment is revoked by the Building Commissioner, the owner will be required to remove the improvements that were constructed to create the accessory apartment within 90 days of said determination. The owner shall comply with all requirements of the State Building Code in restoring the principal dwelling or detached structure to its condition prior to the construction of the accessory apartment.
[Amended 5-1-2023 ATM by Art. 37]