Norwell City Zoning Code
PART 1
Administration and Procedure
§ 201-1.1 Purpose and authority.
[Amended 5-10-2004 ATM, Art. 23]
These regulations are enacted to promote the general welfare of the Town of Norwell, to protect the health and safety of its inhabitants, to encourage the most appropriate use of land throughout the Town, and to increase the amenities of the Town, all as authorized by, but not limited to, the provisions of the Zoning Act, MGL c. 40A, as amended, and Section 2A of 1975 Massachusetts Acts 808. This Zoning Bylaw is enacted in accordance with the provisions of MGL c. 40A, any and all amendments thereto, and by Article 89 of the Amendments to the Constitution of the Commonwealth of Massachusetts.
§ 201-1.2 Definitions.
In this bylaw, the following terms shall have the following meanings unless a contrary meaning is required by the context or is specifically prescribed. Words used in the singular include the plural and words used in the plural include the singular. Words used in the present tense include the future.
A measurement of height from the natural grade of a site to the highest point of a structure.
[12-8-1997 STM]
A building devoted exclusively to a use subordinate to and customarily incidental to the principal use.
A separate and complete housekeeping rental unit (inclusive of sleeping, cooking, and sanitary facilities), as allowed under § 201-8.1E and which: (i) shall be located on the same lot as the principal single-family dwelling to which it is accessory; (ii) shall be accessory to a lawful, owner-occupied single-family residence that is located in a Residential Zoning District; and (iii) shall not include a condominium or a townhouse or any other multifamily use as defined by statute or state regulation or this Code.
[Added 5-9-2022 ATM by Art. 15]
Any sign that advertises or indicates the person occupying the premises on which the sign is erected or maintained or the business transacted thereon or advertises the property itself or any part thereof as for sale or rent and which contains no other matter.
[Amended 5-6-2019 ATM, Art. 30]
A use subordinate to and customarily incidental to the principal use.
An establishment having as a substantial or significant portion of its stock-in-trade, books, magazines and other matter which are distinguished or characterized by their emphasis depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
An enclosed building used for presenting material distinguished by an emphasis on matter depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
An establishment having as a substantial or significant portion of its stock devices, objects, tools or toys which are distinguished or characterized by their association with sexual activity, including sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
An establishment having as a substantial or significant portion of its stock-in-trade, videos, movies or other film materials which are distinguished or characterized by their emphasis depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
A dwelling unit, the value of which is determined by the Massachusetts Department of Housing and Community Development (DHCA) to be affordable by a low-income or moderate-income family and thus to be included in DHCD's subsidized housing inventory of low-income or moderate-income housing dwelling units for the purposes of compliance with the provisions of MGL c. 40B, §§ 20 through 23.
[Added 5-8-2021 ATM by Art. 38]
The surface from which wireless radio signals are sent and received by a personal wireless service facility.
[12-8-1997 STM; 12-1-2003 ATM]
Means the practice of physical body adornment by permitted establishments and practitioners using the following techniques: body piercing, tattooing and cosmetic tattooing. Extreme forms of body art, such as, but not limited to, branding, cutting, braiding and scarification, shall not be permitted. This definition does not include practices that are considered medical procedures by the Board of Registration in Medicine, such as implants under the skin, which are prohibited.
Means a business where the practices of body art are performed.
[5-15-2001 ATM]
A combination of any materials, whether portable or fixed, having a roof to form a structure for the shelter of persons, animals or property. Roof shall include an awning or any similar covering whether or not permanent in nature.
A personal wireless telecommunications facility is considered "camouflaged" if it is disguised, hidden or made to appear as an architectural component of an existing or proposed structure, the use of which is otherwise permitted under the Zoning Bylaw of the Town of Norwell. No personal wireless telecommunications facility attached to an existing structure shall be deemed "camouflaged" for the purposes of this bylaw where it extends more than 10 feet above the height of a structure or horizontally more than 10 feet beyond the face of any exterior sidewall or the exterior of any surface of a structure with no sidewalls. Antennas or other components of a personal wireless telecommunications facility situated within a freestanding personal wireless telecommunications facility shall not be considered "camouflaged" for the purpose of this Zoning Bylaw.
[Amended 12-1-2003 STM]
A company that provides wireless services.
[12-8-1997 STM]
The use of a single mount on the ground by more than one carrier (vertical co-location) and/or several mounts on an existing building or structure by more than one carrier.
[12-8-1997 STM]
A personal wireless telecommunications facility is considered "concealed" if it is entirely contained within the architectural features of an existing or proposed structure the use of which is otherwise permitted under the Zoning Bylaw of the Town of Norwell.
[Amended 12-1-2003 STM]
Structures for which the start of construction commenced on or after the effective date of the first floodplain management code, regulation, ordinance, or standard adopted by the authority having jurisdiction, including any subsequent improvements to such structures. New construction includes work determined to be substantial improvement [Referenced Standard ASCE 24-14.
[Added 5-8-2021 ATM by Art. 39]
A low mount that has three panels flush-mounted or attached very close to the shaft.
[12-8-1997 STM]
For floodplain management purposes, any man-made change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials, [US Code of Federal Regulations, Title 44, Part 59].
[Added 5-8-2021 ATM by Art. 39]
Any fixed structure containing one or more dwelling units, but not including hotels, motels, boardinghouses or structures solely for transient or overnight occupancy.
A room or group of rooms designed and equipped exclusively for use as living quarters for only one family including provisions for living, sleeping, cooking and eating.
The measurement of height above sea level.
[12-8-1997 STM]
An EA is the document required by the Federal Communications Commission (FCC) and the National Environmental Policy Act (NEPA) when a personal wireless service facility is placed in certain designated areas.
[12-8-1997 STM]
An enclosed structure, cabinet, shed or box at the base of the mount within which are housed batteries and electrical equipment.
[12-8-1997 STM]
Establishment which provides live entertainment for its patrons, which includes the display of nudity, as that term is defined in MGL c. 272, § 31.
[Amended 5-6-2019 ATM, Art. 30]
The area on the ground within a prescribed radius from the base of a personal wireless service facility. The fall zone is the area within which there is a potential hazard from falling debris (such as ice) or collapsing material.
[12-8-1997 STM]
An official map of a community issued by FEMA that depicts, based on detailed analyses, the boundaries of the 100-year and 500-year floods and the 100-year floodway. (For maps done in 1987 and later, the floodway designation is included on the FIRM.)
[Added 5-8-2021 ATM by Art. 39]
An official map of a community issued by the Federal Insurance Administrator, where the boundaries of the flood and related erosion areas having special hazards have been designated as Zone A or E [US Code of Federal Regulations, Title 44, Part 59].
[Added 5-8-2021 ATM by Art. 39]
The channel of the river, creek or other watercourse and the adjacent land areas that must be reserved In order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height [Base Code, Chapter 2, Section 202].
[Added 5-8-2021 ATM by Art. 39]
The sum of the area of the several floors of each building on a lot including areas used for, or available for conversion to, human occupancy in basements, attics and penthouses, as measured from the exterior faces of the walls.
Gross floor area less areas for incidental storage, mechanical or heating equipment, rest rooms, stairways, corridors and space for services incidental to the operation or maintenance of the building.
A continuous and uninterrupted portion of a side line of a way, public or private, between the side lines of a lot in common ownership and, in the case of a corner lot, between a side line of such lot and the intersection of side lines of ways or the midpoint of the curve connecting such side lines.
For floodplain management purposes, a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities [US Code of Federal Regulations, Title 44, Part 59; also Referenced Standard ASCE 24-14].
[Added 5-8-2021 ATM by Art. 39]
Cellular, personal communication services (PCS), enhanced special mobile radio, specialized mobile radio and paging.
[12-8-1997 STM]
One or more buildings upon a single lot used for the profession of funeral directing, in accordance with MGL c. 40A, § 6, Clause 1, and MGL c. 112, § 83, funeral establishment certificate, inclusive of the alteration and use of one such building for the personal residence of the Board of Registration licensed funeral director, and his or her family, during his or her term of service as such licensed funeral director.[1]
[5-11-2010 ATM, Art. 37]
As defined in the Massachusetts Department of Environmental Protection (MA DEP) and Massachusetts Office of Coastal Zone Management (MA CZM) Stormwater Management Technical Handbook of March 1997. Groundwater recharge is defined on Page A-5 of Volume Two of the above-referenced handbook as: "The return of water to an underground aquifer by either natural or artificial means such as exfiltration of a BMP."
A monopole or lattice tower that is tied to the ground or other surface by diagonal cables.
[12-8-1997 STM]
That part of a building under a sloping roof where the full-length rafters rest on the top beam of the story below.
The vertical distance above the average grade adjoining the building or surrounding the structure to the ridgeline of the building.
For floodplain management purposes, the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure [US Code of Federal Regulations, Title 44, Part 59].
[Added 5-8-2021 ATM by Art. 39]
Any structure that Is:
[Added 5-8-2021 ATM by Art. 39]
Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
A type of mount that is self-supporting with multiple legs and cross bracing of structural steel.
[12-8-1997 STM]
A company authorized by the FCC to construct and operate a commercial mobile radio services system.
[12-8-1997 STM]
A single area of land in one ownership throughout defined by metes or bounds or boundary lines as shown in a recorded deed or on a recorded plan. The area of a lot shall not include any part of a way, public or private, which adjoins the lot.
A lot at the point of intersection of, and abutting on, two or more intersecting streets, the angle of intersection of the street lines or, in the case of a curved street, street lines extended being not more than 135°.
A not-for-profit entity registered under 105 CMR 725.100, to be known as a registered marijuana dispensary (RMD), that acquires, cultivates, possesses, processes (including development of related products such as edible MIPs, tinctures, aerosols, oils or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to registered qualifying patients or their personal caregivers. Unless otherwise specified, RMD refers to the site(s) of dispensing, cultivation, and preparation of marijuana.
[5-6-2013 ATM; amended 5-5-2014 ATM]
The type of mount that is self-supporting with a single shaft of wood, steel or concrete and a platform (or racks) for panel antennas arrayed at the top.
[12-8-1997 STM]
A vehicle with motive power designed for sleeping or living quarters for one or more persons, which is not a dwelling.
The structure or surface upon which antennas are mounted, including the following four types of mounts:
[12-8-1997 STM]
See "construction, new."
[Added 5-8-2021 ATM by Art. 39]
A thin rod that beams and receives a signal in all directions.
[12-8-1997 STM]
A flat surface antenna usually developed in multiples.
[12-8-1997 STM]
An individual, corporation, society, association, partnership, trust or other entity, public or private.
Facility for the provision of personal wireless services, as defined by the Telecommunications Act.
[12-8-1997 STM]
The three types of services regulated by this bylaw.
[12-8-1997 STM]
A public service corporation, either private or municipal, supplying or transmitting gas, water, electricity or communications to any or all members of the public and subject to federal, state or Town regulations by virtue of its natural or legal monopoly, except for a corporation or other business enterprise which provides cellular telephone service, personal communication services or enhanced specialized mobile radio services to any or all members of the public.
[12-8-1997 STM]
An individual or family with household incomes that do not exceed 80% of the area median income (this shall be referred to as "moderate income") or 50% of the area median income (this shell be referred to as "low income"), with adjustments for household size, as reported by the most recent information from the United States Department of Housing and Urban Development and/or DHCD.
[Added 5-8-2021 ATM by Art. 38]
An engineer specializing in electrical or microwave engineering, especially the study of radio frequencies.
[12-8-1997 STM]
The emissions from personal wireless service facilities.
[12-8-1997 STM]
See "vehicle, recreational."
[Added 5-8-2021 ATM by Art. 39]
See "floodway."
[Added 5-8-2021 ATM by Art. 39]
A locked, impenetrable wall, fence or berm that completely seals an area from unauthorized entry or trespass.
[12-8-1997 STM]
The distance between one carrier's array of antennas and another carrier's array.
[12-8-1997 STM]
The minimum horizontal distance from a street line or lot line, as the case may be, to any part of a building or structure, excluding overhang three feet or under, bulkheads or fences.
Any owner-occupied, tenant-occupied or non-owner-occupied property, including, but not limited to, an apartment, single-family dwelling, townhouse, cottage, condominium or other furnished accommodation that is not a hotel, motel, lodging house or bed-and-breakfast establishment, where:
[Added 5-9-2022 ATM, Art. 15]
Any privately owned permanent or temporary device, placard, painting, drawing, poster, letter, word, banner, pennant, insignia, trade flag or representation used as or which is in the nature of an advertisement, announcement or direction which is on a public way or on private property within public view of a public way.
The area of a sign shall be considered to include all lettering, wording, and accompanying designs and symbols together with the background on which they are displayed, any frame around the sign and any "cutouts" or extensions, but shall not include any supporting or bracing.
The area of a sign consisting of individual letters or symbols attached to or painted on a surface, building, wall or window shall be considered to be that of the smallest quadrangle or triangle which encompasses all of the letters and symbols.
The area of a sign consisting of a three-dimensional object shall be considered to be the area of the largest vertical cross section of that object.
In computing the area of a sign, only one side of back-to-back signs shall be counted.
The land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE or V1-30 [Base Code, Chapter 2, Section 202].
[Added 5-8-2021 ATM by Art. 39]
The date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement is within 180 days after the date of issuance. The actual "start of construction" means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns. Permanent construction does not include land preparation (such as clearing, excavation, grading or filling), the installation of streets or walkways, excavation for a basement, footings, piers or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building [Base Code, Chapter 2, Section 202].
[Added 5-8-2021 ATM by Art. 39]
Stormwater shall mean water that collects as a result of precipitation, including rainfall, sleet, hail, snow or snowmelt.
[5-9-2006 ATM, Art. 16]
A stormwater basin shall mean any surface or subsurface drainage system that is designed to collect, slow, infiltrate or otherwise control stormwater or stormwater runoff or a combination of stormwater and stormwater runoff.
[5-9-2006 ATM]
A stormwater management system shall mean any structure or equipment or use of land, including any natural or preexisting condition or any artificial condition, which is used or to be used to control stormwater or stormwater runoff in order to prevent same from running onto adjacent land or into the Town's Stormwater Management System. A stormwater management system shall include any and all of the following elements:
[5-9-2006 ATM]
Any structure or other natural or artificial collection device that is used to collect or slow stormwater or stormwater runoff, including any catch basin, dry well, French drain and any stormceptor or other similar device;
Any stormwater basin;
Any side slope for a surface stormwater basin;
Any galley for an underground stormwater basin which is designed to hold or hold and then disperse stormwater or stormwater runoff;
Any connecting pipe between a collecting structure and a stormwater basin;
Any connecting pipe between a stormwater basin and an outfall structure;
Any outfall structure, consisting of riprap or crushed stone of any type, which is designed to slow or otherwise control the progress of stormwater or stormwater runoff from one point to another;
Any berm, channel, culvert, ditch, gutter, pipe or swale, whether natural or artificial, which is designed or used to conduct stormwater or stormwater runoff;
Any berm, channel, culvert, ditch, gutter, pipe or swale, whether natural or artificial, which is designed or used to slow, disperse or infiltrate stormwater or stormwater runoff;
Any access roadway or access easement which is designed to allow access for persons, vehicles or equipment to or from any portion of a stormwater management system in order to provide access for inspection, maintenance (which shall include mowing and other similar landscaping activities) repairs or replacement; and
Any easement area reserved to provide for the expansion or replacement of any element of a stormwater management system.
Stormwater runoff shall mean water that moves as a result of precipitation, including rainfall, sleet, hail, snow or snowmelt.
[5-9-2006 ATM]
That part of a building between any floor, other than a basement, and the floor or roof next above.
Any public way or any private way shown on a plan approved under the provisions of the Subdivision Control Law[2] or in existence when the provisions of said Subdivision Control Law became effective in the Town of Norwell, having in the opinion of the Planning Board suitable width, suitable grades and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of land abutting thereon or served thereby and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon.
Any physical thing that is constructed or erected and that requires a fixed location on the ground and shall mean any physical thing that is attached to something that requires a fixed location on the ground.
[Amended 5-8-2023 ATM by Art. 42]
A structure shall include every type of building or other physical arrangement that gives shelter, including, but not limited to, dwellings, commercial buildings, garages, sheds and farm structures such as barns, chicken coops (including movable coops) and other animal enclosures, silos and storage infrastructure.
A structure shall include the following types of infrastructure: a basketball court, a tennis court, a bocci court (or any other similar type of athletic infrastructure), an artificial (i.e., physically constructed) pool that has a depth of water of two feet or more and any other similar infrastructure.
A structure shall include the siting of HVAC infrastructure and the siting of a generator.
A structure shall exclude the following types of infrastructure: a boundary wall or retaining wall with less than four feet of height, a chimney, a driveway, a fence with less than seven feet of height, a flagpole, a patio, a public utility pole, a public utility supporting device and similar devices, and a walkway.
For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally aboveground, as well as a manufactured home [US Code of Federal Regulations, Title 44, Part 59].
[Added 5-8-2021 ATM by Art. 39]
A structure that is not attached to a primary structure and that has 64 or fewer square feet of ground coverage and has a height of less than seven feet and that is used or to be solely as a storage shed or a playhouse or a similar use; however, such a structure shall be subject to a setback requirement of only a minimum of five feet from any adjacent boundary line.
[Added 5-8-2023 ATM by Art. 42]
When work to repair or replace a foundation results in the repair or replacement of a portion of the foundation with a perimeter along the base of the foundation that equals or exceeds 50% of the perimeter of the base of the foundation measured in linear feet, or repair or replacement of 50% of the piles, columns or piers of a pile, column or pier supported foundation, the building official shall determine it to be substantial repair of a foundation. Applications determined by the building official to constitute substantial repair of a foundation shall require all existing portions of the entire building or structure to meet the requirements of 780 CMR [as amended by MA in 9th Edition BC].
[Added 5-8-2021 ATM by Art. 39]
The Town Stormwater Management System shall include any portion of the stormwater drainage system maintained by the Town of Norwell in order to collect, conduct, disperse, infiltrate, slow or otherwise control stormwater or stormwater runoff that is generated by or from:
[5-9-2006 ATM]
Any Town-owned or Town-used property;
Any public way accepted by the Town;
Any non-public roadway that is maintained by the Town;
Any berm, channel, culvert, ditch, gutter, pipe or swale, whether natural or artificial, that is owned, used or maintained by the Town;
[Amended 5-6-2019 ATM, Art. 30]
Any catch basin, dry well, French drain and outfall structure that is owned, used or maintained by the Town;
[Amended 5-6-2019 ATM, Art. 30]
Any stormwater basin owned or maintained by the Town; and
Any drainage easement area that is owned, maintained or used by the Town to collect or otherwise control stormwater or stormwater runoff.
A vehicle without motive power, designed to be and capable of being towed, including but not limited to a utility trailer, storage or box trailer, boat trailer, horse trailer, tent trailer and mobile home.
A grant of relief by a community from the terms of a floodplain management regulation [US Code of Federal Regulations, Title 44, Part 59].
[Added 5-8-2021 ATM by Art. 39]
A vehicle which is:
[Added 5-8-2021 ATM by Art. 39]
Built on a single chassis;
400 square feet or less when measured at the largest horizontal protection;
Designed to be self-propelled or permanently towable by a light-duty truck; and
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use [US Code of Federal Regulations, Title 44, Part 59].
The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in § 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5)[3] is presumed to be in violation until such time as that documentation is provided [US Code of Federal Regulations, Title 44, Part 59].
[Added 5-8-2021 ATM by Art. 39]
[Added 5-8-2021 ATM by Art. 39]
ZONE A1-30 AND ZONE AEAs defined in the US Code of Federal Regulations, Title 44, Part 64.3, means an area of special flood hazard with water surface elevations determined.
ZONE A99As defined in the US Code of Federal Regulations, Title 44, Part 64.3, means area of special flood hazard where enough progress has been made on a protective system, such as dikes, dams, and levees, to consider it complete for insurance rating purposes. (Flood elevations may not be determined.)
ZONES B, C, AND XAs defined in the US Code of Federal Regulations, Title 44, Part 64.3, means areas of minimal or moderate flood hazard or areas of future-conditions flood hazard. (Zone X replaces Zones B and C on new and revised maps.)
ZONE V1-30 AND ZONE VE (for new and revised maps)As defined in the US Code of Federal Regulations, Title 44, Part 64.3, means areas of special flood hazard, with water surface elevations determined and with velocity, that is inundated by tidal floods (coastal high hazard area).
[1]
Editor's Note: The former definition of "ground-mounted solar photovoltaic installation," as amended, which immediately followed this definition, was repealed 5-8-2023 ATM by Art. 45.
§ 201-1.3 Planning Board.
[Added 5-8-2023 ATM by Art. 38]
The Planning Board shall consist of five elected full members and one appointed associate member; and the associate member shall be appointed by the Select Board and the Planning Board at a joint meeting, by majority vote for a term not more than three years.
§ 201-2.1 Enforcement.
[Amended 5-9-2022 ATM, Art. 16]
This bylaw shall be enforced by the Building Inspector/Zoning Enforcement Officer, as agent for the Select Board, who shall take such action as may be necessary to enforce full compliance with the provisions of this bylaw and of permits and variances issued hereunder, including notification of noncompliance and initiation of legal action through the Town Counsel.
§ 201-2.2 Compliance certification.
A.
Buildings, structures or signs may not be erected, substantially altered, moved or changed in use, and land may not be substantially altered or changed in principal use, without certification by the Building Inspector/Zoning Enforcement Officer that such action is in compliance with then-applicable zoning, or without review by him regarding whether all necessary permits have been received from those governmental agencies from which approval is required by federal, state or local law. Issuance of a building permit or certificate of occupancy, where required under the Commonwealth of Massachusetts State Building Code, may serve as such certification.
B.
Prior to the issuance of certificate of occupancy, the designated street number will be affixed to the building or to a signpost, either of which is clearly visible from the public way or way from which the lot gets its frontage.
§ 201-2.3 Complaints; violations and penalties.
Whoever violates any provision of this bylaw shall be subject to the following procedure, which will govern the enforcement of this bylaw:
A.
A complaint form, available at the office of the Building Inspector/Zoning Enforcement Officer for the Town of Norwell, shall be completed, signed and provided to the Building Inspector/Zoning Enforcement Officer for the Town.
B.
Within 14 days of the receipt of said complaint by the Building Inspector/Zoning Enforcement Officer's office, the Building Inspector/Zoning Enforcement Officer will investigate said complaint and respond to the complainant.
C.
If the Building Inspector/Zoning Enforcement Officer determines that a violation of this bylaw exists, a cease-and-desist order shall be issued to the party found in violation within 14 days of receipt of the complaint.
D.
The cease-and-desist order shall name the party alleged to be in violation, shall describe the nature of the violation and shall reference the provision(s) of the bylaw found to be in violation.
E.
The cease-and-desist order shall be served upon the party found to be in violation by delivery in-hand to said party and/or by posting in conspicuous places upon the property where the violation is found to exist.
F.
The party named in said order shall correct the violation described in said order within seven days, said seven days to be extended by the Building Inspector/Zoning Enforcement Officer if the violation cannot be corrected within that time.
G.
Failure of the party named in the complaint to eliminate the violation within the time defined in Subsection F shall result in the imposition of fines running from $50 to $300 per day for each such day or portion thereof which the violation continues to exist as defined in Subsection F, in accordance with the following schedule:
H.
If the party named in the complaint objects to the issuance of a cease-and-desist order or requires additional time to eliminate the violation beyond that granted by the Building Inspector/Zoning Enforcement Officer under Subsection F that party may appeal to the Board of Appeals for the Town of Norwell within seven days which shall consider said appeal and issue an order relative to the same.
I.
No fine will accrue during the pendency of any appeal to the Board of Appeals regardless of the Board's ultimate disposition of said appeal.
J.
Noncriminal disposition of violations of Zoning Bylaw. The Building Inspector/Zoning Enforcement Officer shall have the duty to enforce the Town's Zoning Bylaw and may institute appropriate civil or criminal proceedings, or both, in the fulfillment of such duty. In addition, and as an alternative to such methods of enforcement, the Building Inspector/Zoning Enforcement Officer may, at his discretion, enforce the provisions of this bylaw in the manner provided in MGL c. 40, § 21D.
[5-10-2004 ATM, Art. 25]
§ 201-3.1 Establishment.
[5-6-1989 ATM, Art. 46; 5-9-2022 ATM, Art. 16]
The Board of Appeals shall consist of three members and not more than five associate members who shall be appointed by the Select Board and shall act in all matters under this bylaw in the manner prescribed by MGL c. 40A and c. 41.
§ 201-3.2 Powers.
The Board of Appeals shall have and exercise all the powers granted to it by MGL c. 40A and c. 41 and by this bylaw. The Board's powers are as follows:
A.
Special permits. To hear and decide applications for special permits upon which the Board is empowered to act under this bylaw, in accordance with § 201-3.3.
B.
Variances. To hear and decide appeals or petitions for variances from the terms of this bylaw with respect to particular land or structures but not uses. Such variance shall be granted only in cases where the Board of Appeals finds all of the following:
[5-10-2004 ATM, Art. 26]
(1)
A literal enforcement of the provisions of this bylaw would involve a substantial hardship, financial or otherwise, to the petitioner or appellant.
(2)
The hardship is owing to circumstances relating to the soil conditions, shape or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located.
C.
Other appeals. To hear and decide other appeals. Other appeals will also be heard and decided by the Board of Appeals when taken by:
D.
To issue withheld building permits. Building permits withheld by the Building Inspector/Zoning Enforcement Officer acting under MGL c. 41, § 81Y, as a means of enforcing the Subdivision Control Law may be issued by the Board of Appeals where the Board finds practical difficulty or unnecessary hardship, and if the circumstances of the case do not require that the building be related to a way shown on the subdivision plan in question.
§ 201-3.3 Special permits.
A.
Special permit granting authority. Unless specifically designated otherwise, the Board of Appeals shall act as the special permit granting authority.
B.
Criteria for approval. In considering whether or not to grant a special permit under this section of the Zoning Bylaw, the Board of Appeals shall not grant a special permit unless all of the following conditions are satisfied:
(1)
The conduct of the proposed use will not be detrimental to the neighborhood and zoning district;
(2)
The conduct of the proposed use will not significantly alter the character of the zoning district; and
(3)
The conduct of the proposed use will not be injurious, noxious, or offensive to the neighborhood by reason of the emission of odors, fumes, dust, smoke, noise or other cause, nor hazardous to the community on account of fire, explosion or other cause.
(4)
If the proposed use will be located within the Aquifer Protection District, the conduct of such use will not cause any significant degradation of the quantity or quality of groundwater supplies and further that groundwater quality resulting from on-site waste disposal and other on-site operations will not fall below federal or state standards for drinking water at the downgradient property boundary. In making such determination the Board of Appeals may utilize the information/standards enumerated in § 201-19.6B(4) of this bylaw.
C.
Public hearing. Special permits shall only be issued following public hearings held within 65 days after filing with the special permit granting authority an application, a copy of which shall forthwith be given to the Town Clerk by applicant.
D.
Conditions. Special permits may be granted with such reasonable conditions, regulations, or limitations as the special permit granting authority may deem necessary to serve the purposes of the bylaw.
E.
Expiration. Special permits shall lapse within a specified period of time, not to exceed three years from the date of approval (exclusive of time required to pursue or await the determination of an appeal referred to in MGL c. 40A, § 17, from the grant thereof), if a substantial use thereof or construction has not begun, except for good cause.
[Amended 5-9-2022 ATM, Art. 17]
§ 201-3.4 Site plan review.
[Amended 5-10-2004 ATM, Art. 28]
A.
When required. No structure shall hereafter be erected or externally enlarged by more than 200 square feet on any lot in any nonresidential district (meaning thereby all districts under the Zoning Bylaw except Residential Districts A and B) and no use hereafter be established or expanded in ground area on any lot in any such district except in conformity with a site plan of such lot and structures proposed to be constructed on such lot bearing endorsement of approval by the Board of Appeals.
B.
Contents of site plan.
(1)
Said site plan shall show among other things:
(a)
All existing and proposed buildings and structures (showing front, side and rear elevation and layouts).
(b)
Signs.
(c)
Parking spaces.
(d)
Driveway openings.
(e)
Service areas.
(f)
Open uses.
(g)
All facilities for sewage, refuse and other waste disposal and for surface water drainage.
(h)
All landscape and screening features (such as fences, walls, planting areas and walks) on the lot.
(i)
Proposed site lighting.
(j)
Existing and proposed easements and/or rights-of-way.
(k)
Existing conditions of the surrounding area to sufficiently determine the impact of the proposed project to the surrounding area, including, but not limited to, curb cuts, driveway openings, existing buildings, and surrounding topography.
(l)
Drainage calculations stamped by a registered professional engineer licensed by the Commonwealth of Massachusetts.
(m)
Parking and density calculations.
(n)
Documentation of curb cut approval by the Massachusetts Department of Transportation on state highways.
[Amended 5-6-2019 ATM, Art. 30]
(o)
Statement and certification on the plan by the engineers certifying the site plan submitted complies with the Zoning Bylaw.
(2)
Failure to comply at the time of submission with the above requirements is grounds for denial of site plan approval for the lack of sufficient information.
C.
Procedure.
(1)
Any person desiring approval of a site plan under this section shall submit said site plan to the Board of Appeals for action and, either simultaneously or forthwith thereafter, shall submit said plan (together with seven copies) to the Planning Board. The Planning Board shall review the plan and, as appropriate, obtain technical review of the plan at the applicant's sole cost. The Planning Board shall prepare its report and recommendations regarding said plan and submit same to the Board of Appeals. The Board of Appeals shall not approve said plan unless and until it either has reviewed the Planning Board's report and recommendations or the applicant has provided evidence that 45 days have elapsed from the date that the plan first was submitted to the Planning Board without issuance of a report and recommendations. No building permit shall issue until the Board of Appeals has approved the plan. Furthermore, no building permit shall issue if the Planning Board has not provided the Board of Appeals with the Planning Board's report and recommendations and fewer than 45 days have elapsed after the plan was first submitted to the Planning Board.
(2)
The Board of Appeals shall have the power to modify or amend its approval of a site plan on application of the person owning or leasing the premises shown on such site plan in the event of changes in the physical condition of the site sufficient to justify such action within the intent of this section.
(3)
After receiving the report and recommendations of the Planning Board, the Board of Appeals shall have the power to modify or amend its approval of a site plan on application of the person owning or leasing the premises shown on such site plan in the event of changes in the physical condition of the site sufficient to justify such action within the intent of this section.
D.
Criteria for approval. In considering a site plan under this section, the Board of Appeals shall assure, to a degree consistent with a reasonable use of the site for the purposes permitted by the regulations for the district in which it is located, such factors as the following:
(1)
The protection of the district in which the site is located and adjoining district against detrimental, offensive, or incompatible uses or structures on the site;
(2)
The convenience and safety of vehicular and pedestrian movement within the site and in relation to adjacent streets and land; and
(3)
The adequacy of the methods of disposal for sewage, refuse, and other wastes resulting from the uses permitted on the site, and the methods of drainage for surface water from its parking spaces and driveways.
E.
Implementation and expiration. Within 15 days after approval of any site plan, the Board of Appeals shall file an endorsed copy of said plan in the office of the Town Clerk. Within one year of the date of site plan approval or such longer duration as set by the Board of Appeals to match the duration of any special permit relief issued for the same project, the applicant shall have completed the work described on the plans as approved and substantial use thereof shall have commenced unless the Board of Appeals grants an extension of the time as it shall deem necessary to carry the site plan into effect. In each such instance where an extension is granted, the Board of Appeals shall certify to the Town Clerk that it has granted an extension of time and the date on which the extension is to lapse.
[Amended 5-10-2004 ATM, Art. 29; 5-9-2022 ATM, Art. 17]
F.
As-built plans. Prior to the issuance of a certificate of occupancy, the owner shall provide as-built plans to the Town. The plan shall be prepared and stamped by a registered land surveyor or a professional engineer of the Commonwealth of Massachusetts certifying that the site plan has been built according to the approved plan and submitted to the Building Inspector/Zoning Enforcement Officer. Such certification shall also include that the surface and subsurface drainage discharge has been installed according to the approved site plan. Field reports by the design engineer may be requested by the Building Inspector/Zoning Enforcement Officer during construction for prior approval of changes from the approved site plan.
G.
Regulations; fees. The Board of Appeals may adopt and from time to time amend reasonable regulations, including reasonable administrative fees and technical review fees, for the administration of site plan review.
[Added 5-20-2004 ATM]
§ 201-4.1 Municipal uses.
None of the requirements of this Zoning Bylaw shall apply to any municipal purpose or use authorized by vote of the Town, unless otherwise specified (e.g., § 201-8.1).
§ 201-4.2 Greater restrictions to control.
Where the application of this bylaw imposes greater restrictions than those imposed by any other regulations, permits, easements, covenants or agreements, the provisions of this bylaw shall control.
§ 201-4.3 Conformance with amendments.
Construction or use under a building permit or special permit shall conform to any subsequent amendment of this bylaw unless the use or construction is commenced within not more than six 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.
§ 201-4.4 Nonconformance.
The lawful use of any structure or land existing at the time of enactment or subsequent amendment of this bylaw may be continued although such structure or use does not conform with provisions of the bylaw, subject to the following conditions and exceptions:
A.
Abandonment. A nonconforming use which has been abandoned or discontinued for a period of two years or more shall not be reestablished and any future use shall conform with this bylaw.
B.
Alteration, reconstruction, extension or structural changes to lawfully preexisting nonconforming structures and uses.
[Amended 5-10-2004 ATM, Art. 30; 5-14-2007 ATM, Art. 9]
(1)
Single- or two-family residential structures. The Building Inspector/Zoning Enforcement Officer, in accordance with MGL c. 40A, § 6, may issue a building permit to allow an alteration, reconstruction, extension or structural change to a lawfully preexisting nonconforming single- or two-family residential structure, provided that the alteration, reconstruction, extension or structural change meets the following criteria:
(a)
Dwellings on nonconforming lots equal to or greater than one acre. Alterations, reconstruction, extension or structural change that complies with all current setback, building coverage, and building height requirements, provided that such alteration, reconstruction, extension, or structural change does not increase the footprint of the dwelling by more than 50%, and further provided that the lot nonconformity is limited to lack of frontage and/or failure to meet standards set forth in §§ 201-9.3A and B and 201-9.5A(1), (2) and (3).
(b)
Other structures on nonconforming lots equal to or greater than one acre. The gross floor area of sheds and other outbuildings shall not exceed 10% of the main dwelling's gross floor area as determined by the data on file in the Assessor's office. Said sheds and other outbuildings shall meet all current setback requirements and be no taller than the dwelling.
(c)
Main dwellings on nonconforming lots of less than one acre. Alteration, reconstruction, extension or structural change that complies with all current setback, building coverage and building height requirements provided that such alteration, reconstruction, extension or structural change does not increase the footprint or roofline of the dwelling.
(d)
Other structures on nonconforming lots of less than one acre. The gross floor area of sheds and other outbuildings shall not exceed 10% of the main dwelling's gross floor area as determined by the data on file in the Assessor's office, provided that such 10% shall be cumulative to include the gross floor area of existing sheds and other outbuildings.
C.
Restoration. Necessary repairs and rebuilding after damage by fire, storm or similar disaster are hereby permitted provided they are accomplished without undue delay and do not substantially change the character or size of the buildings nor the use to which they were put prior to such damage.
§ 201-4.5 Isolated lots.
[5-9-2005 ATM, Art. 34; amended 5-14-2007 ATM, Art. 16]
A.
Any increase in lot areas, frontage or yard requirements of this bylaw shall not apply to a legally created lot for single-family (and two-family) residential use in Residential Districts A and B not meeting current requirements, provided that the applicant documents that:
B.
Such nonconforming lots may be changed in size or shape or their land area recombined without losing this exemption, so long as the change does not increase the actual or potential number of buildable lots.
§ 201-5.1 Public hearings.
The Board of Appeals shall hold public hearings in accordance with the provisions of MGL c. 40A, c. 40B, and c. 41 on all appeals and petitions brought before it.
§ 201-5.2 Repetitive petitions.
Repetitive petitions for special permits, appeals and petitions for variances and applications to the Board of Appeals shall be limited as provided in MGL c. 40A, § 16.
§ 201-5.3 Court appeal.
Any person aggrieved by a decision of the Board of Appeals or any special permit granting authority, whether or not previously a party to the proceeding, or any municipal officer or board may, as provided in MGL c. 40A, § 17, appeal to the Superior Court or to the Land Court by bringing an action within 20 days after the decision has been filed in the office of the Town Clerk.
§ 201-5.4 Amendment.
This bylaw may be amended in accordance with the procedure described in MGL c. 40A, § 5.
§ 201-5.5 Severability.
[5-10-2004 ATM, Art. 31]
In the event that any section of this bylaw or part thereof shall for any reason be held or declared to be illegal or otherwise unenforceable, such holding or declaration shall not affect the legality or enforceability of any other section or part thereof.
§ 201-5.6 Temporary moratorium on sale and distribution of recreational marijuana.
[Added 5-8-2017 ATM, Art. 32]
A.
Purpose.
(1)
By vote at the state election on November 8, 2016, the voters of the Commonwealth approved a law regulating the cultivation, distribution, possession and use of marijuana for recreational purposes. The law provides that it is effective on December 15, 2016, and a Cannabis Advisory Board is required to issue regulations regarding implementation by September 15, 2017. Currently, under the Zoning Bylaw, recreational marijuana establishments and marijuana retailers are not a permitted use in the Town and any regulations promulgated by the State Cannabis Advisory Board are expected to provide guidance to the Town in regulating recreational marijuana establishments and marijuana retailers. Further, the ballot measure establishes two important provisions that require ballot action by the Town prior to the adoption of zoning. First, the Town must, by ballot, determine whether it will issue licenses for recreational marijuana establishments and marijuana retailers, and second, by ballot that cannot occur prior to November 6, 2018, the next biennial state election, on whether to allow on-site consumption of marijuana products should the Town decide to allow licenses for such facilities.
(2)
The regulation of recreational marijuana establishments and marijuana retailers raises novel and complex legal, planning and public safety issues and the Town needs time to study and consider the regulation of recreational marijuana establishments and marijuana retailers as well as to address the potential impact of state regulations on local zoning and to undertake a planning process to consider amending its Zoning Bylaw regarding recreational marijuana establishments and marijuana retailers and other uses relating to the regulation of recreational marijuana. The Town intends to adopt a temporary moratorium on the use of land and structures in the Town for recreational marijuana establishments and marijuana retailers so as to allow the Town sufficient time to engage in the planning process to address the effects of such structures and uses in the Town and adopt provisions of the Zoning Bylaw in a manner consistent with sound land use and planning goals and objectives.
B.
Temporary moratorium. For the reasons set forth above and notwithstanding any other provision of the Zoning Bylaw to the contrary, the Town hereby adopts and/or enacts a temporary moratorium on the use of land or structures for the processing, sale and/or transport of marijuana products, including products that have been manufactured and contain marijuana or an extract from marijuana that are intended for recreational use and consumption, including without limitation, edible products, beverages, topical products, ointments, oils and tinctures and also the operation of recreational marijuana or marijuana product establishments and recreational marijuana retailers. The temporary moratorium will end on June 30, 2018, unless this moratorium is sooner repealed by Town Meeting upon recommendation of the Planning Board. The moratorium enacted by this subsection will provide the Planning Board and Town sufficient time to write amendments to the bylaw to determine the best way to regulate facilities associated with selling and processing recreational marijuana and marijuana products, determine whether the Town shall restrict any, or all licenses for recreational marijuana establishments and marijuana retailers, and/or determine whether the Town will prohibit on-site consumption at recreational marijuana establishments and marijuana retailers. Nothing herein shall be construed as precluding the use of land or structures for a medical marijuana treatment center as that term is defined in this Zoning Bylaw which may be authorized under § 201-8.4A hereof.
C.
Severability. The provisions of this bylaw are severable. If any provision, paragraph, sentence, or clause of this bylaw or the application thereof to any person, establishment, or circumstance shall be held invalid, such invalidity shall not affect the other provisions or application of this bylaw.