Orleans City Zoning Code

ARTICLE III

Establishment of Districts

§ 164-3.1 Districts Enumerated.

To accomplish the purposes of this chapter, the town is divided into districts which will best preserve their general character as follows:

Residential Districts

Residence District R

Business Districts

Rural Business District RB

Marine Business District MB

Limited Business District LB

General Business District GB

Village Center District VC

Industrial District I

Other Districts

Conservancy District CD

Overlay Districts

Seashore Conservancy District SC

Groundwater Protection Districts

Shoreline District S

Floodplain District F

Residential Affordable Housing District RAH

Downtown Housing Overlay District (DHOD)

Village-Scale Corridor Subzone (VCS)

Commercial Center Subzone (CCS)

§ 164-3.2 Location of Districts; Zoning Map.

These districts are located and bounded as shown on a map entitled "Zoning Map of Orleans, Massachusetts," dated March 11, 1963, as amended and on file in the office of the Town Clerk. This map, with all explanatory matter thereon, is hereby made a part of this chapter.

§ 164-3.3 Boundaries of Districts.

Except when labeled to the contrary, boundary or dimension lines shown approximately following or terminating at street, railroad or utility easement centers or layout lines, boundary or lot lines or the channel of a stream shall be construed to be actually at those lines; when shown approximately parallel, perpendicular or radial to such lines, they shall be construed to be actually parallel, perpendicular or radial thereto; and when appearing to follow tidal shoreline, they shall coincide with the mean high-water line. When not locatable in any other way, boundaries shall be determined by scale from the map.

§ 164-3.4 Lots in Two Districts.

When a district boundary line divides any lot in one ownership of record at the time such line is adopted, a use that is permitted on one portion of the lot may be extended into the other portion, provided that the first portion includes the required frontage, and provided that a Special Permit is granted by the Zoning Board of Appeals.

§ 164-3.5 Lots Located Partly in Another Municipality.

Lots located in part in another municipality shall be regulated as to the portion located in Orleans as if entirely within Orleans.

§ 164-3.6 Residence R.

Lot and Building Standards.

Minimum Lot Size (square feet)	Minimum Frontage (feet)	Minimum Yard Dimensions (feet)			Maximum Building Height (feet)	Maximum Building Coverage	Maximum Lot Shape Number
Minimum Lot Size (square feet)	Minimum Frontage (feet)	Front	Side	Rear	Maximum Building Height (feet)	Maximum Building Coverage	Maximum Lot Shape Number
40,000	150	25	25	25	30	15%

(1)

To meet the minimum area requirements in the R District, a lot must be a closed plot of land having a definite area and perimeter and having a shape factor not exceeding 22.

(2)

Building Coverage shall not exceed 15% of the buildable upland. Building Coverage shall not exceed 4,000 square feet without the issuance of a Special Permit. In no event shall the Zoning Board of Appeals be authorized to grant a Special Permit which would result in building coverage which exceeds 15% of the buildable upland.

(3)

See § 164-5.3G Modifications for frontage requirements for lots on a dead-end turnaround.

§ 164-3.7 Rural Business District RB.

Lot and Building Standards.

Minimum Lot Size (square feet)	Minimum Frontage (feet)	Minimum Yard Dimensions (feet)			Maximum Building Height (feet)	Maximum Building Coverage	Maximum Lot Coverage
Minimum Lot Size (square feet)	Minimum Frontage (feet)	Front	Side	Rear	Maximum Building Height (feet)	Maximum Building Coverage	Maximum Lot Coverage
—	100	25	25	25	30	15%	75%

(1)

Minimum frontage requirements shall not apply to lots with less than 100 feet and more than 50 feet of frontage which existed prior to the creation of the RB District and which are not in common ownership with any abutting lot.

(2)

See § 164-5.3G Modifications for frontage requirements for lots on a dead-end turnaround.

Site Standards.

(1)

Screening. Off-street parking areas shall be effectively screened on each rear lot line which adjoins an institutional use or a Residence District and on each side lot line. Such screening shall consist of an area at least 4 feet in width densely planted with a mixture of evergreen and deciduous trees and shrubs 4 feet or more in height when planted [3 feet if within 20 feet of a street line] or a landscaped earth berm of equivalent height, or equivalent visual interruption shall be provided through retained existing vegetation or through difference in elevation between potential viewers and the screened areas. Fences or walls may be a part of such screening but must, in themselves, be landscaped. Any parking area within 10 feet of a school, hospital or other institutional building shall be screened by a solid masonry wall.

Landscape Standards.

(1)

Front yard landscaping. A minimum depth of 6 feet from the street line shall be landscaped appropriately and maintained in a sightly condition at all times, crossed only by walks not over 8 feet in width and driveways not more than 30 feet in width.

§ 164-3.8 Marine Business District MB.

Lot and building standards.

Minimum Lot Size (square feet)	Minimum Frontage (feet)	Minimum Yard Dimensions (feet)			Maximum Building Height (feet)	Maximum Building Coverage	Maximum Lot Coverage	Maximum Floor Area Ratio
Minimum Lot Size (square feet)	Minimum Frontage (feet)	Front	Side	Rear	Maximum Building Height (feet)	Maximum Building Coverage	Maximum Lot Coverage	Maximum Floor Area Ratio
—	100	25	25	25	30	15%	75%	40%

(1)

Minimum frontage requirements shall not apply to lots with less than 100 feet and more than 50 feet of frontage which existed prior to the creation of the MB District and which are not in common ownership with any abutting lot.

Site Standards.

(1)

Landscape Standards.

(1)

§ 164-3.9 Limited Business District LB.

Lot and Building Standards.

Minimum Lot Size (square feet)	Minimum Frontage (feet)	Minimum Yard Dimensions (feet)			Maximum Building Height (feet)	Maximum Building Coverage	Maximum Lot Coverage	Maximum Floor Area Ratio
Minimum Lot Size (square feet)	Minimum Frontage (feet)	Front	Side	Rear	Maximum Building Height (feet)	Maximum Building Coverage	Maximum Lot Coverage	Maximum Floor Area Ratio
—	—	25	10	10	30	—	75%	40%

Site Standards.

(1)

Landscape Standards.

(1)

§ 164-3.10 General Business District GB.

Lot and Building Standards.

Minimum Lot Size (square feet)	Minimum Frontage (feet)	Minimum Yard Dimensions (feet)			Maximum Building Height (feet)	Maximum Building Coverage	Maximum Lot Coverage	Maximum Floor Area Ratio
Minimum Lot Size (square feet)	Minimum Frontage (feet)	Front	Side	Rear	Maximum Building Height (feet)	Maximum Building Coverage	Maximum Lot Coverage	Maximum Floor Area Ratio
—	—	25	10	10	30	—	75%	40%

Site Standards.

(1)

Landscape Standards.

(1)

§ 164-3.11 Village Center District VC.

Lot Standards.

Minimum Lot Size (square feet)	Minimum Frontage (feet)	Minimum Yard Dimensions (feet)			Maximum Building Height (feet)	Maximum Building Coverage	Maximum Lot Coverage	Maximum Floor Area Ratio
Minimum Lot Size (square feet)	Minimum Frontage (feet)	Front	Side	Rear	Maximum Building Height (feet)	Maximum Building Coverage	Maximum Lot Coverage	Maximum Floor Area Ratio
—	—	see below		10	30	—	—	100%

(1)

The minimum setback for a front yard shall be 15 feet or, if smaller, the front yard existing on the premises on October 1, 1985, or, if smaller, the average of the front yards existing on adjacent lots. The maximum setback for a front yard shall be 25 feet or, if greater, the shallowest setback where the distance between lot line, measured parallel to the street, exceeds 50 feet. However, no maximum setback is required for development where a building exists and is to be retained on the lot. The required minimum front yard may contain pedestrian areas, terraces, landscaped areas and required driveways approximately perpendicular to the street.

(2)

Side and rear yards shall be a minimum of 10 feet or more, except that, by Special Permit by the Board of Appeals, following consultation with the Fire Chief and Board of Health, said side and rear yards may be reduced to zero for party wall construction, or access for disabled persons, provided that adequate access is assured for fire or other emergency and public services and that satisfactory provisions have been made for storm drainage and sewage disposal.

Building Standards.

(1)

Building transparency. For nonresidential buildings, at least 1/3 of the area of the first-floor facade facing the street shall permit visibility of the building interior or window displays, unless exempted on Special Permit from the Zoning Board of Appeals, upon the Board's determination that an alternative means of maintaining pedestrian visual interest will be provided.

Use Provisions.

(1)

Auto/pedestrian conflict. No use shall have a drive-in, drive-through, fuel pumps, or other facility servicing autos.

(2)

Fast food restaurants. Fast Food Restaurants are prohibited in the Village Center District.

(3)

Third Floor Housing. The purpose of this subsection is to allow increased building height in the Village Center District for the development of accessory dwelling units within commercial buildings. Up to 4 dwelling units shall be allowed on lots when a portion of the units are located on the third floor of a commercial building. The following shall apply:

(a)

The vertical distance from the average undisturbed natural grade at the foundation on the street side of the building to the mean height between the bottom of the eave and the highest point of each ridge on a pitched roof shall not exceed 30 feet. In no instance shall the height to the top of the ridge exceed 42 feet.

(b)

Roof pitch. In accordance with this subsection, the roof must have a pitch greater than or equal to 8/12 (rise of 8 for every 12 inch run). Flat roofs are prohibited under this section. No utility equipment may be placed on the roof other than that for solar collection.

(c)

Finished space on the third floor of the structure shall be used for residential purposes and in no case shall it be used for commercial purposes other than storage of goods.

(d)

Gabled and eyebrow dormers are permitted but the face of the dormer shall be set back at least 2 feet from the eave.

(e)

A site plan shall be submitted and reviewed as provided in § 164-10.1.

(f)

Architectural Review Committee approval is required, as provided in § 164-10.2.

(g)

Where detached residential dwellings exist or are proposed on a lot, this third floor housing provision shall not be applicable for further development, unless authorized by the Zoning Board of Appeals through the issuance of a Special Permit.

Site Standards.

(1)

Side yards shall contain no parking spaces.

(2)

Sidewalks and planting areas. Sidewalks and planting areas shall be provided on all street frontages upon construction of a new principal building or additions or alterations resulting in an increase of 50% or more in required off-street parking, except as exempted on Special Permit by the Zoning Board of Appeals, upon the Board's determination that topography or other specific site conditions would preclude sidewalk usefulness. Such sidewalks shall be constructed of granolithic concrete, bituminous concrete, brick or other material providing all-weather pedestrian service, found to be comparable by the Site Plan Review Committee, if having jurisdiction, or by the Building Commissioner in other cases. The sidewalk shall be located so as to connect with any adjacent sidewalks, preserve existing trees and provide as close to 4 feet as feasible of planting space between it and the traveled way. The planting space shall be provided with topsoil and plantings.

§ 164-3.12 Industrial District I.

Lot and Building Standards.

Minimum Lot Size (square feet)	Minimum Frontage (feet)	Minimum Yard Dimensions (feet)			Maximum Building Height (feet)	Maximum Building Coverage	Maximum Lot Coverage	Maximum Floor Area Ratio
Minimum Lot Size (square feet)	Minimum Frontage (feet)	Front	Side	Rear	Maximum Building Height (feet)	Maximum Building Coverage	Maximum Lot Coverage	Maximum Floor Area Ratio
30,000	100	25	10	10	30	—	75%	—

(1)

The side and rear setback in the Industrial District shall be 50 feet from:

(a)

Any wetland as defined in the Massachusetts Wetlands Protection Act, MGL c. 131, § 40 and the Regulations issued thereunder, 310 CMR 10; and

From Groundwater Protection District 1, land shown on Assessor's Map 54 as Parcel 1.

Site Standards.

(1)

Landscape Standards.

(1)

§ 164-3.13 Seashore Conservancy District SC.

The Seashore Conservancy District is intended to further preservation of the Cape Cod National Seashore in accordance with purposes of the Act of Congress of August 7, 1961 (75 Stat. 284, 291); to prohibit commercial and industrial uses therein; to preserve and increase the amenities of the town; and to conserve natural conditions, wildlife and open spaces for the education, recreation and general welfare of the public.

Permitted uses. No premises or buildings in this district may be used except for the purposes herein stated:

(1)

Conservation of land, water, wildlife, vegetation and other natural features and values.

(2)

Facilities deemed by the Secretary of the Interior to be necessary on federally owned property for administration and public use and enjoyment of the Cape Cod National Seashore, provided that, to the extent possible within the purposes of the Act of Congress of August 7, 1961 (75 Stat. 284, 292), plans for such facilities are coordinated with the objectives and plans of the Orleans Planning Board.

(3)

Recreation related and indigenous to conservation and the natural resources of the seashore such as hunting, fishing, swimming and boating.

(4)

Traditional fishing activities.

(5)

Moving, alteration, enlargement, maintenance or repairs of existing* one-family residential dwellings or the erection of customary structures which will be accessory to the existing* principal residential use, provided that such improvements to existing* dwellings and erection of accessory structures will afford not less than a 50 setback from all boundary lines and, further, do not alter essential character of the dwelling as a residence. In appropriate cases, the Zoning Board of Appeals may approve lesser setback requirements for improvements to existing* dwellings or for the erection of accessory structures, provided that they do not alter the residential character of the premises.

*NOTE: "Existing" means in accordance with the requirement for construction of improved property contained in the Act of August 7, 1961 (75 Stat. 285, 290) (September 1, 1959).

(6)

Public utilities.

(7)

Municipal, religious, and educational uses.

(8)

Detached one-family dwellings and accessory structures, provided that no lot may be used for their construction which has a frontage of less than 150 feet on a way approved in accordance with the Subdivision Control Law[1] and the rules and regulations of the Orleans Planning Board and an area of less than 3 acres of upland, and no dwelling or building may be located in such manner as to provide less than a 50 foot setback from all ways measured at a right angle with the street line and a 50-foot distance from abutters' property lines, and further provided that no dwelling shall be erected below 20 feet above mean high water.

[1]

Editor's Note: See Ch. 192, Subdivision Rules and Regulations.

(9)

Agricultural, horticultural, floricultural and aquacultural uses.

Prohibited uses. Except as provided above, there shall be in the Seashore Conservancy District:

(1)

No burning of cover unless permitted and supervised by the Fire Chief in accordance with MGL c. 48, §§ 41 and 42.

(2)

No filling of land, no dumping and no removal of soil, loam, sand or gravel, except for the maintenance and protection of existing* dwellings.

*NOTE: "Existing" means in accordance with the requirement for construction of improved property contained in the Act of August 7, 1961 (75 Stat. 285, 290) (September 1, 1959).

(3)

No cutting timber except:

•	By an owner for the purpose of reasonably controlling bush or trees.
•	Maintenance cutting in pastures.
•	Cutting for clearance or maintenance on a right-of-way.
•	No buildings or structures.
•	No commercial or industrial ventures or activities or signs.

(4)

No drainage, damming or relocation of any watercourse except by a publicly authorized agency for the purpose of pest control.

•	No continuous storage of materials or equipment.
•	No other uses unless specifically permitted as enumerated above.

Provisions relating to variances and Special Permits. Applicants for variances and Special Permits within the Seashore Conservancy District shall be promptly notified by the Zoning Board of Appeals that the Secretary of the Interior is authorized to withdraw the suspension of his authority to acquire, by condemnation, property which is made the subject of a variance or Special Permit that, in his opinion, fails to conform or is in any manner opposed to or inconsistent with the purposes of the Cape Cod National Seashore. The Secretary of the Interior shall be given notice by the Zoning Board of Appeals of all applications or petitions made for variances and Special Permits to the bylaws for the Seashore Conservancy District, and he shall be provided notice by the Building Commissioner of all applications for building permits involving the Seashore Conservancy District. Said notices shall be forwarded within 7 days of receipt of each application and petition. Subsequently, to meet the requirements of the Act of Congress of August 7, 1961, the Secretary shall be given notice by the appropriate board or official of any variance, Special Permit or building permit granted or denied for the area within the Seashore Conservancy District.

§ 164-3.14 Conservancy Districts CD.

Conservancy Districts are intended to preserve and maintain the groundwater table on which the inhabitants depend for water supply; to protect the purity of coastal and inland waters for the propagation of fish and shellfish and for recreational purposes; to protect the public health and safety; to protect persons and property from the hazards of flood and tidal waters which may result from unsuitable development in swamps, ponds, bogs or marshes, along watercourses or in areas subject to floods and extreme high tides; to preserve the amenities of the town; and to conserve natural conditions, wildlife and open space for the education and general welfare of the public.

Permitted uses. Except as provided in § 164-6.1, buildings, structures and premises in Conservancy Districts may be used only for the following purposes:

(1)

Fishing and shellfishing, including the raising and cultivation of fish and shellfish.

(2)

The growing and/or harvesting of such crops as cranberries, marsh hay, seaweed, berries and shrub fruits and seeds.

(3)

Revetments and other types of erosion control structures.

(4)

Conservation of water, plants and wildlife.

(5)

Publicly regulated utilities.

(6)

Recreation, including swimming, boating, nature study, fishing and hunting, unless otherwise prohibited by other ordinance, law or bylaw.

(7)

The following uses by Special Permit issued by the Zoning Board of Appeals, provided that any such building or structure permitted by the Zoning Board of Appeals shall not exceed 20 feet in height and shall conform to the setback and side line requirements of the residential area nearest to the site on which it is to be erected:

Nonresidential buildings or structures to be used only in conjunction with fishing, shellfishing, the growing, harvesting and storage of crops raised on the premises and boathouses.

Dams, changes in watercourses or other drainage works, only as part of an overall drainage plan constructed or authorized by a public agency.

Educational and religious uses.

Fabricated walks or trails, docks, piers and landings for private use or municipal uses.

Prior to the issuance of a Special Permit for docks, piers and/or landings for private use, the Zoning Board of Appeals, in addition to the criteria provided for in § 164-11.4, must find that the following criteria have been met:

Construction. Permanent docks, piers or landings shall not be permitted unless a specific navigational need can be demonstrated.

Size.

No dock, pier or landing shall exceed 80 feet in overall length, including stairs, ramps and floats, measured from the mean high-water (MHW) line. However, the Zoning Board of Appeals may, when considering a petition to extend a dock, pier and/or landing which existed prior to the adoption of this section, allow the overall length, including any such extension, to exceed 80 feet.

No dock, pier, landing, stairs or ramp shall exceed 4 feet in width, measured outside the support structure (piling, posts or railing).

The total area of any and all floats associated with a dock, pier or landing shall not exceed 300 square feet, and there shall be no floats above mean low water (MLW).

The height of the deck (walkway) shall not exceed 4 feet above mean high water (MHW) unless, in the interest of preserving marsh growth, a greater height is required, in which case, the height above the marsh shall not exceed 1.5 times the width of the deck.

Depth of water. At mean low water (MLW), there shall be, without benefit of dredging, sufficient navigable water for the proposed vessel at the end of the dock, pier or landing and/or float system.

Access. At all normal levels of the tide along the shore, pedestrian passage shall be provided.

Prohibited uses. Except as provided above, there shall be in the Conservancy Districts:

(1)

No landfill or dumping and no removal of soil, loam, sand or gravel.

(2)

No drainage other than flood control or mosquito control works by an authorized agency.

Boundaries and definitions. Conservancy Districts are all land or lands and areas in the Town of Orleans, but excluding land or areas within the boundaries of the National Seashore:

(1)

That border on tidewater, are subject to tidal action and flooding or flowage of coastal salt water and lay below 4 feet above the mean high-water mark, being further delineated as by following a contour line of 4 feet above the plane of mean high water around such land or lands, marshes, salt marshes, beaches, creeks, and including all so-called floodplains and land under water in such areas.

(2)

That land inland or freshwater wetland or wetlands, including but not limited to swamps, bogs, unused bogs, dry bogs, cedar swamps, streams, brooks, ponds, lakes and beaches or banks bordering such inland wetland areas, and also including land lying under water in such areas, these areas being delineated by following a contour line of 2 feet above the plane of the mean high-water level around such areas. All inland wetlands and waters shall be held in a state of conservation against pollution and contamination. Congested natural growth may be removed from areas of freshwater ponds and lakes only with permission of the Conservation Commission upon application by the owner of a pond or lake, presenting in detail the extent or area of such removal, the manner of doing such work and methods that will be used to protect the bottom of the pond or lake against damage. Such permission will not in any way relieve the applicant from complying with other town bylaws or the Wetlands Protection Law of the Commonwealth.

(Note: To the extent possible, areas falling within the boundaries defined above have been delineated upon a set of maps prepared and dated March 1973. This set of maps will be available at the office of the Town Clerk.)

Topographic data. If the Building Commissioner is uncertain as to the exact location of any contour line bounding a Conservancy District as defined above in the preceding subsection, the submission of sufficient topographic data may be required in order to establish the precise location of said line on any lot affected thereby before issuing a building permit for any building or structure to be located thereon. If any portion of any lot existing at the time of the adoption of this subsection and meeting the requirement of § 164-5.4 lies within a Conservancy District, the conservancy portion shall be considered a part of the buildable lot in computing square footage requirements.

§ 164-3.15 Groundwater Protection Districts.

Purpose.

Groundwater Protection Districts are herein established to promote the health, safety and welfare of Orleans residents by providing a legal framework for the protection of the Town's groundwater resources.

Orleans drinking water supply is obtained entirely from wells tapping groundwater (an Aquifer). Because the top of this groundwater source is relatively near the surface, it is highly susceptible to contamination resulting from wastewater disposal, improper use or disposal of hazardous materials such as pesticides, herbicides, salt, fertilizers, waste oil, paint, and paint thinners, and from accidental leaks or spills of oil, gasoline, or other hazardous materials. In addition to water quality considerations, groundwater recharge is necessary to provide a sufficient supply of water to meet the future needs of Orleans residents and visitors.

In order to help provide an adequate future supply of high-quality Town drinking water, the following zoning bylaw provisions are enacted to:

•	establish three Orleans Groundwater Protection Districts; and
•	define lot requirements and regulate land uses within such Districts. Use restrictions for each District vary as a function of the area's sensitivity with regard to protecting public water supply.

Scope of Authority/District Delineation. The Town of Orleans is hereby divided into three Groundwater Protection Districts which shall be considered to be superimposed over any other districts established by the Town Zoning Bylaws. Land in each Groundwater Protection District shall be subject to the requirements to this § 164-3.15 as well as all other requirements of Town By-laws which apply to the underlying zoning districts. A map entitled "Zoning and Proposed Groundwater Protection Districts Map" dated December 21, 2011 showing the locations of the three Groundwater Protection Districts is on file for public reference in the offices of the Town Clerk, Town Planner and Water Department. The three Groundwater Protection Districts are defined as follows:

•	District 1 consists of Town Watershed Properties as delineated on the above-referenced map entitled "Zoning and Proposed Groundwater Protection Districts Map," dated December 21, 2011. District 1 includes those properties shown as parcels 54-1, 68-5, 68-7, 75-119, 81-5, 81-9, 81-10, and 87-5 on the Town of Orleans Assessor's maps as of December 31, 2010.
•	District 2 consists of all land located in the Zones of Contribution for Town public water supply wells as determined by the Cape Cod Commission in accordance with Massachusetts Department of Environmental Protection regulations, except those portions of the Zones located within District 1, as delineated on the above-referenced map entitled "Zoning and Proposed Groundwater Protection Districts Map" dated December 21, 2011.
•	District 3 consists of all the areas of the Town except those within Districts 1 and 2 as delineated on the above-referenced map entitled "Zoning and Proposed Groundwater Protection Districts Map" dated December 21, 2011.

If a Groundwater Protection District boundary passes through a lot which cannot be subdivided, such entire lot shall be deemed to be within the District providing the higher level of groundwater protection. If a Groundwater Protection District boundary passes through a lot which may be subdivided, such lot shall be comprised of portions of two Groundwater Protection Districts as delineated by the District boundary; and if such a lot is subsequently subdivided, any created lots will be treated in the same way as a lot which cannot be subdivided.

District Regulations.

(1)

District 1 Allowed Uses. Only those directly or indirectly related to the protection or production of Town drinking water. All other uses are prohibited in District 1. Provided, however, that wind turbines permitted under § 164-7.15 shall be an allowed use, provided that:

(a)

the wind turbines are approved by the Board of Water and Sewer Commissioners and the Massachusetts Department of Environmental Protection; and all or a portion of the energy produced by the wind turbines is devoted to the production of Town drinking water.

(2)

District 2.

(a)

Lot Requirements. All lots are required to meet the following conditions, and a site plan showing compliance with these conditions must be approved by the Building Commissioner prior to the commencement of any site clearing or construction:

[1]	At least 30% of a lot area shall be retained in its natural state except for minor removal of existing trees and ground vegetation.
No more than 15% of a lot area may be rendered impervious unless a system is provided for the artificial recharge of precipitation and such system will not result in the harmful degradation of groundwater quality. Regardless of such artificial recharge, at least 60% of a lot area must be pervious to water.
All precipitation runoff generated on a lot shall be recharged within such lot in a manner which assures that no harmful degradation of groundwater quality will occur.
Fill material used in construction shall contain no solid waste, toxic or hazardous materials, or hazardous waste. Prior to the use of any fill, adequate documentation shall be provided to the Building Commissioner that establishes the acceptable chemical and biological quality of the fill.
Land Uses.
[1]	Allowed: All uses permitted in the underlying zoning districts except those specifically listed as prohibited.
	Prohibited:
	Landfills, open dumps, and junkyard.
	Municipal and private wastewater treatment plants. Land application or storage of sludge or septage. Automobile graveyards, used car lots and auto salvage.
	Sales, storage or transportation of liquid petroleum products of any kind, except those incidental to (i) normal household use, (ii) the heating of a structure, (iii) required waste oil retention facilities or (iv) emergency generators required by statute, rule or regulation, provided that such storage is either in a free standing container within a building or in a free standing container above ground level with protection adequate to contain a spill the size of the container's total storage capacity.
	Storage of pesticides, herbicides, fertilizers and soil conditioners except for normal household use or for use in agriculture, horticulture, floriculture or viticulture on parcels of land of more than 5 acres, provided storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate.
	The use, generation, storage, treatment or disposal of toxic or hazardous materials or wastes in quantities greater than those associated with normal household use.
	Storage of sodium chloride, calcium chloride, chemically treated abrasive or other chemicals for the purpose of snow or ice removal from roads, or the stockpiling and disposal of snow or ice containing these substances.
	Car washes, commercial laundries, dry cleaning facilities and metal plating establishments.
	Boat or motor vehicle service or repair establishments.
	Sewage disposal systems with a wastewater flow (as determined by Title V of the State Environmental Code) exceeding 110 gallons per day per 10,000 square feet of lot area, or exceeding 15,000 gallons per day regardless of lot size.
	Chemical and biological laboratories.
	Any use which involves on-site disposal of process wastes from operations other than personal hygiene and food for residents, patrons and employees.
	Animal feedlots or the stockpiling of animal manures, except in a structure with an impermeable cover and liner designed to prevent the generation and escape of contaminated runoff or leachate.
	Except for excavations for the construction of building foundations or the installation of utility works, the removal of soil, loam, sand, gravel or any mineral substances within 4 feet of the historical high groundwater level, as determined by the Board of Health, unless the substances removed are within 45 days redeposited on site to achieve a final grading greater than 4 feet above the historical high groundwater level.
	Commercial or recreational uses that require the wholesale removal of natural vegetation or the application of fertilizers, herbicides or other chemicals in excess of normal household use.

(3)

District 3.

(a)

No lot requirements in addition to those existing for the underlying zoning districts are applied to District 3.

All land uses permitted in the underlying zoning districts are permitted in District 3.

Special Permits.

(1)

Criteria. Uses or reductions in lot requirements which require a Special Permit under § 164-3.15C, if consistent with this §§ 164-3.15D and 164-11.4 in all other respects, may be granted by the Zoning Board of Appeals, only after it has given due consideration to any comments received from other Town agencies as specified in § 164-3.15D(2). In granting a Special Permit, the Zoning Board of Appeals must determine that the benefits outweigh the adverse effects. This determination shall be based on consideration of at least the following:

(a)

The impact on the quality of groundwater.

The impact on the recharge volume of groundwater.

The reliability and feasibility of any control measures proposed.

The impact on groundwater quality and recharge volume if the proposed control measures fail.

(2)

Procedure. Upon receipt of a Special Permit application which has also been filed with the Town Clerk, the Zoning Board of Appeals shall transmit 1 copy each to the Water Superintendent, Board of Health, Planning Board and Conservation Commission for their written comments. Failure to respond in writing within 30 days shall indicate approval by said agencies. The necessary number of copies of the application shall be furnished by the applicant.

(3)

Submittals. In applying for a Special Permit under this section, the following information shall be submitted:

(a)

Complete description of the proposed Special Permit use or requested reduction in lot requirements.

Where applicable, one or more of the following:

[1]

Complete list of all chemicals, pesticides, fuels and other toxic or hazardous materials including an estimate of quantities to be used or stored on the premises in amounts greater than those associated with normal household use, accompanied by a description of measures proposed to protect such materials from vandalism, corrosion and leakage, and to provide for control of spills.

For storage of toxic or hazardous materials, evidence of qualified professional supervision of system design and installation and a plan for leak monitoring and containment during system use.

Description of toxic or hazardous wastes to be generated, indicating quantities and storage and disposal methods.

Evidence of approval by the Massachusetts Department of Environmental Protection or successor agency of any industrial waste treatment or disposal system or any wastewater treatment system over 15,000 gallons per day capacity.

Analysis by a professional sanitary or civil engineer registered in the Commonwealth of Massachusetts certifying compliance with the applicable portions of § 164-3.15.

Schedule of Use Regulations - Groundwater Protection Overlay Districts.

Schedule of Use Regulations - Groundwater Protection Overlay Districts
(Consult text of § 164-3.15C for details)
Land Use			District
Land Use			#1	#2	#3
1.	Landfills, open dumps & junkyards		O	O	P
2.	Wastewater treatment
	a.	Muni plant + on-site disposal of secondary-treated effluent	O	O	P
	b.	All other wastewater treatment plants	O	O	P
3.	Land application or storage of sludge or septage		O	O	P
4.	Automobile graveyards, used car lots & auto salvage		O	O	P
5.	Petroleum/gasoline sales/storage/transport		O*	O	P
6.	Non-household storage of pesticides/herbicides/fertilizers/etc.
	a.	Minor activity	O	O	P
	b.	Principal activity	O	O	P
7.	Non-household use/generation/storage/disposal of hazardous materials
	a.	Minor activity	O*	O	P
	b.	Principal activity	O*	O	P
8.	Road salt storage		O	O	P
9.	Car washes, laundries, dry cleaning & metal plating facilities		O	O	P
10.	Boat/motor vehicle service/repair		O	O	P
11.	Sewage flow greater than 110 gpd per 10,000 sq. ft
	a.	Single-family home	O	O	P
	b.	All other structures	O	O	P
12.	Chemical and biological laboratories		O	O	P
13.	Process waste disposal		O	O	P
14.	Animal feedlots/manure stockpiling		O	O	P
15.	Surface soil removal		O	O	P
16.	Certain commercial/recreational uses		O	O	P
17.	Commercial and Non-Commercial Wind Energy Facilities		A**	A	A
18.	All other uses		O*	P	P

NOTES:
P = Allowed use, subject to any applicable restrictions for underlying zoning districts
A = Special Permit use, subject to any applicable restrictions for the underlying zoning districts
O = Prohibited use
* = Except for uses directly or indirectly related to the protection or production of Town drinking water.
** = Special Permit Use, subject to any applicable restrictions for the underlying zoning district and subject to the provisions of § 164-35-7.15 and to the provisions of § 164-3.15C.(1).

§ 164-3.16 Shoreline District S.

To protect use of shoreline areas, a Shoreline District is hereby created as an overlay district covering areas so designated on the Zoning Map by Town Meeting vote. Such Shoreline District shall be considered to be superimposed over any other districts established in this chapter. Land in the Shoreline District shall be subject to the requirements of this section in addition to those applicable to the underlying zoning districts.

Use regulations. Uses shall be authorized only if they are allowed in the underlying district and they also meet the following:

(1)

To be allowed without necessity of a Special Permit, a use must meet all of the following:

(a)

Be functionally dependent upon water body access, for example, a marina or aquaculture, or be unequivocally oriented to and substantially benefitting from water body access or visibility, such as a motel or restaurant designed to take advantage of waterfront views.

Provide opportunity for pedestrian access to the water side of any buildings. Cover less than 10% of the lot area with buildings.

Place no building, parking area or disposal facility within 100 feet of mean high water unless functionally dependent upon the closer proximity.

(2)

All other uses require a Special Permit from the Zoning Board of Appeals. Such permit shall be granted only if the Zoning Board of Appeals makes the following determinations:

(a)

The proposal takes good advantage of the unique qualities of that location, including proximity to a water body.

Pedestrian access to the water and water visibility are reasonably provided for, unless precluded by safety or similar concerns arising from the nature of the use.

Shoreline ecology is carefully protected through location of proposed alterations and any compensatory or mitigating measures proposed.

Every reasonable effort has been made to provide for visibility of the shoreline and water from public ways and nearby developed properties and to avoid visual dominancy by man-made features as viewed from the water body or opposite shorelines.

Design regulations.

(1)

Storm drainage. All surface runoff from parking and service areas shall be collected and either recharged or have its impurities removed through oil skimmers, suspended solids settlement or other necessary means before discharge to surface waters.

(2)

Visibility. Shoreline visibility shall be promoted through orientation of the long dimension of any building or group of buildings so as to approximately parallel potential sight lines to the shoreline from public ways and by maintaining as a view corridor at least 1/3 of the width of the lot measured perpendicular to those sight lines.

§ 164-3.17 Floodplain District F.

The Floodplain District is herein established, effective November 28, 1985, as an overlay district. The underlying permitted uses are allowed, provided that they meet the additional requirements of § 164-3.17, as well as those of the Massachusetts State Building Code dealing with construction in floodplains and coastal high hazards. The following requirements apply in the Floodplain District:

Purpose. The purposes of the Floodplain District are to:

•	Ensure public safety through reducing the threats to life and personal injury;
•	Eliminate new hazards to emergency response officials;
•	Prevent the occurrence of public emergencies resulting from water quality contamination, and pollution due to flooding;
•	Avoid the loss of utility services which if damaged by flooding would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding;
•	Eliminate costs associated with the response and cleanup of flooding conditions;
•	Reduce damage to public and private property resulting from flooding waters.

Floodplain District Boundaries. The Floodplain District includes all special flood hazard areas within the Town of Orleans designated as Zone A, AE, AH, AO or VE on the Barnstable County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The exact boundaries of the District shall be defined by the 1% chance base flood elevations shown on the FIRM and further defined by the Barnstable County Flood Insurance Study (FIS) report, effective date July 16, 2014.

The map panels of the Barnstable County FIRM that are wholly or partially within the Town of Orleans are panel numbers 250001C0417I, 250001C0419I, 250001C0429I, 250001C0436I, 250001C0437I, 250001C0438I, 250001C0439I, 250001C0441I, 250001C0443I, 250001C0607I, 250001C0626I, 250001C0627I and 250001C0631I, effective date July 16, 2014.

The FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk, Planning Department, Conservation Commission and the Building Department.

Floodplain District Definitions.

The terms below only apply to the Floodplain District:

DEVELOPMENT

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. [44 CFR Part 59].

FLOODWAY

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].

FUNCTIONALLY DEPENDENT USE

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. [44 CFR Part 59] Also [Referenced Standard ASCE 24-14]

HIGHEST ADJACENT GRADE

The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. [44 CFR Part 59]. HISTORIC

NEW CONSTRUCTION

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]

RECREATIONAL VEHICLE

A vehicle which is:

•	Built on a single chassis;
•	400 square feet or less when measured at the largest horizontal projection;
•	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. [44 CFR Part 59]

REGULATORY FLOODWAY

See "floodway."

SPECIAL FLOOD HAZARD AREA

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]

START OF CONSTRUCTION

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]

STRUCTURE

Any structure that is:

(1)

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2)

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;

(3)

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

(4)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(a)

By an approved state program as determined by the Secretary of the Interior; or Directly by the Secretary of the Interior in states without approved programs. [44 CFR Part 59]

STRUCTURE

For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. [44 CFR Part 59]

SUBSTANTIAL REPAIR OF A FOUNDATION

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].

VARIANCE

A grant of relief by a community from the terms of a floodplain management regulation. [44 CFR Part 59]

VIOLATION

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) is presumed to be in violation until such time as that documentation is provided. [44 CFR Part 59]

Base Flood Elevation Data.

(1)

Base flood elevation data are required for subdivision or other developments greater than 50 lots or 5 acres, whichever is the lesser, within unnumbered A zones.

(2)

In Zones A and AE, along watercourses that have not had a regulatory floodway designated, the best available Federal, State, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

(3)

In Zones A1-30 and AE, along watercourses that have a regulatory floodway designated on the Town's FIRM encroachments are prohibited in the regulatory floodway which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

Notification of watercourse alteration. The Town shall notify the following of any alteration or relocation of a watercourse:

•	Adjacent communities
•	NFIP State Coordinator
Massachusetts Department of Conservation and Recreation 251 Causeway Street, Suite 600-700 Boston, MA 02114-2104
•	NFIP Program Specialist 99 High Street, 6th Floor Boston, MA 02110

Requirement to submit new technical data. If the Town acquires data that changes the base flood elevation in the FEMA mapped special flood hazard areas, the Town will, within 6 months, notify FEMA of these changes by submitting the technical or scientific data that supports the change(s). Notification shall be submitted to:

•	FEMA Region I Risk Analysis Branch Chief 99 High St., 6th floor, Boston, MA 02110
And copy of notification to:
•	Massachusetts NFIP State Coordinator
•	MA Dept. of Conservation & Recreation, 251 Causeway Street, Boston, MA 02114

Variances to local Zoning Bylaws related to community compliance with the National Flood Insurance Program (NFIP).

(1)

A variance from these floodplain bylaws must meet the requirements set out by State law, and may only be granted if: 1) Good and sufficient cause and exceptional non-financial hardship exist; 2) the variance will not result in additional threats to public safety, extraordinary public expense, or fraud or victimization of the public; and 3) the variance is the minimum action necessary to afford relief.

(2)

Variances to building code requirements.

(a)

Variances to floodplain development regulations shall only be issued upon: (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

A written justification for the variance will be maintained in the Town's building permit files, delineating the technical reason for the variance, and stating that the variance is the minimum necessary (considering the flood hazard) to afford relief. The Town/City shall also issue a letter to the property owner regarding potential impacts to the annual premiums for the flood insurance policy covering that property, in writing over the signature of a community official that: (i) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and (ii) such construction below the base flood level increases risks to life and property.

(3)

Such notification shall be maintained with the record of all variance actions for the referenced development in the floodplain overlay district.

Permits are required for all proposed development in the Floodplain Overlay District. The Town of Orleans requires a permit for all proposed construction or other development in the floodplain overlay district, including new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities, fences, sheds, storage facilities or drilling, mining, paving and any other development that might increase flooding or adversely impact flood risks to other properties.

Ensure that all necessary permits are obtained. The Town's permit review process includes the requirement that the applicant obtain all local, state and federal permits that will be necessary in order to carry out the proposed development in the floodplain overlay district. The proponent must acquire all necessary permits, and must submit the completed checklist demonstrating that all necessary permits have been acquired.

Reference to existing regulations. The Floodplain District is established as an overlay to all other districts. All development in the district, including structural and non-structural activities, whether permitted by right or by Special Permit must be in compliance with MGL c.131, § 40 of the and with the following:

•	Section of the Massachusetts State Building Code which addresses floodplain and coastal high hazard areas (currently 780 CMR);
•	Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00);
•	Inland Wetlands Restrictions, DEP (currently 310 CMR 13.00);
•	Coastal Wetlands Restriction, DEP (currently 310 CMR 12.00);
•	Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5);

Any variances from the provisions and requirements of the above referenced state regulations may only be granted in accordance with the required variance procedures of these state regulations.

Other use regulations.

(1)

Man-made alteration of sand dunes within Zone VE which would increase potential flood damage is prohibited.

(2)

All subdivision proposals shall be reviewed to ensure that: a) such proposals minimize flood damage; b) all public utilities and facilities are located and constructed to minimize or eliminate flood damage; and c) adequate drainage is provided to reduce exposure to flood hazards.

Unnumbered A Zones. In A Zones, in the absence of FEMA BFE data and floodway data, the Building Department will obtain, review and reasonably utilize base flood elevation and floodway data available from a federal, state, or other source as criteria for requiring new construction, substantial improvements, or other development in Zone A as the basis for elevating residential structures to or above base flood level, for floodproofing or elevating nonresidential structures to or above base flood level, and for prohibiting encroachments in floodways.

Zone VE.

(1)

No building shall be erected within areas designated as coastal high hazard areas (Zone VE), since these areas are extremely hazardous due to high velocity waters from tidal surges and hurricane wave wash.

(2)

All new construction within the VE Zones shall be located landward of the reach of mean high tide.

(3)

The use of fill for structural support of buildings within the V Zone is prohibited.

AO and AH zones drainage requirements. Within Zones AO and AH on the FIRM, adequate drainage paths must be provided around structures on slopes, to guide floodwaters around and away from proposed structures.

Recreational vehicles. In A1-30, AH, AE Zones, V1-30, VE, and V Zones, all recreational vehicles to be placed on a site must be elevated and anchored in accordance with the zone's regulations for foundation and elevation requirements or be on the site for less than 180 consecutive days or be fully licensed and highway ready.

Abrogation and greater restriction section. The floodplain management regulations found in this Floodplain Overlay District section shall take precedence over any less restrictive conflicting local laws, ordinances or codes.

Disclaimer of liability. The degree of flood protection required by this bylaw [ordinance] is considered reasonable but does not imply total flood protection.

Designation of community floodplain administrator. The Town of Orleans hereby designates the position of Building Commissioner to be the official floodplain administrator for the Town.

§ 164-3.18 Residential Affordable Housing District RAH.

The Residential Affordable Housing District is hereby established as an overlay district. The District shall be located as shown on a map on file with the Town Clerk dated April 1, 1998.

The purpose of the RAH District is to provide affordable housing for the inhabitants of the Town of Orleans. It is an overlay district which preserves the underlying zoning of the area covered by the RAH District and is intended to permit all uses currently permitted in the underlying zone subject to the applicable area height and bulk regulations for that district.

Permitted Uses. The following uses are permitted in the RAH District:

(1)

Affordable detached single family residential dwellings subject to the special bulk regulations contained herein. For the purpose of this section the term "affordable" shall mean dwellings sold or leased by a nonprofit corporation, a governmental agency, and/or a limited dividend corporation which meets the requirements of MGL c. 40B, provided the principal purpose of said entity is to provide housing to eligible tenants and/or buyers.

(2)

Any other use currently allowed in the underlying district subject to the applicable lot, yard and bulk requirements.

Schedule of lot, yard and bulk Requirements for Affordable Housing.

The following shall be the lot, yard and bulk requirements for Affordable Housing in the RAH District.¹

RAH District	Minimum Lot Size (square feet)¹	Minimum Frontage (feet)	Minimum Yard Dimensions (feet)			Maximum Building Height (feet)
RAH District	Minimum Lot Size (square feet)¹	Minimum Frontage (feet)	Front	Side	Rear	Maximum Building Height (feet)
	17,000^2,3	70⁴	20	20	20	30

NOTES:
¹	Unless specifically provided for in the RAH District, all applicable lot, yard, and bulk requirements provided for in this bylaw for the underlying Residential District shall apply.
²	The maximum number of lots created in the RAH District shall not exceed 12.
³	Lot area may be reduced to 10,000 square feet upon the approval by the Planning Board of an Open Space Residential Development under § 164-7.14. Provided however, the total number of lots in any such Open Space Residential Development shall not exceed 12.
⁴	Lots may be created having a frontage of 30 feet of arc frontage on a dead-end turnaround.

§ 164-3.19 Downtown Housing Overlay District.

[Added 11-17-2025 STM by Art. 2]

The purpose of this overlay district is to:

(1)

Encourage the production of affordable and attainable housing options for year-round residents.

(2)

Incentivize developers and property owners to create a variety of rental and ownership housing opportunities for people at all stages of life and levels of income by allowing multi-family residential development where appropriate.

(3)

Encourage mixed-use and multi-family investment that will reinforce the village's character and pedestrian orientation.

(4)

Encourage multi-family development in areas served by municipal sewer to ensure new wastewater flows will not compromise the Town's water quality.

(5)

Strengthen the foundation of Downtown Orleans as a livable, walkable neighborhood and to mitigate traffic congestion by promoting housing proximate to compatible commercial uses, bicycle and pedestrian infrastructure, and public transportation.

(6)

Support existing and future Orleans businesses by increasing the year-round customer base.

Establishment of Overlay District.

(1)

The Downtown Housing Overlay District (DHOD) is hereby established as an overlay district, superimposed at eligible locations in the Limited Business LB, General Business GB, and Village Center VC Zoning Districts. The DHOD shall include the following subdistricts:

(a)

Village-Scale Corridor Subdistrict (VCS).

(b)

Commercial Center Subdistrict (CCS).

(2)

For the purposes of this section, "Active Ground Floor Use Frontage" shall include a portion of a street that requires ground story active uses and frontage types within the Village-Scale Corridor Subdistrict along the street frontages delineated on the Orleans Zoning Map.

(3)

Unless otherwise regulated within this section, all use, dimension, and all other provisions of the Zoning Bylaw shall remain in full force and effect.

(4)

At the option of the applicant, development and use of land within the DHOD may be undertaken subject to compliance with the requirements of this section, or by complying with the standards of the underlying district(s).

(5)

The aforesaid eligible locations are shown on a map entitled "Downtown Housing Overlay District, Town of Orleans" dated September 11, 2025. This map is hereby made part of the Town Zoning Bylaw and is on file at the office of the Town Clerk.

Application; Uses Permitted.

(1)

Mixed-use and multi-family developments that comply with the provisions of this section shall be allowed as of right in the DHOD, subject to Site Plan Review and Architectural Review approvals.

(2)

If a mixed-use development includes a non-residential use that requires a Special Permit under Article IV, then that use shall be subject to issuance of a Special Permit in accordance with § 164-11.4.

Lot and Building Standards.

(1)

Mixed-use and multi-family developments permitted under this section shall comply with the following dimensional regulations, which supersede regulations specified by the underlying zoning district in which the development is located. Where dimensional regulations are not specified here, the regulations of the underlying zoning district shall apply.

VILLAGE-SCALE CORRIDOR SUBDISTRICT
Maximum Building Footprint
Primary Building	4,000 square feet
Secondary Buildings	2,000 square feet
Maximum Building Height
Stories	2.5
Pitched Roof Peak	44 feet
Ground Story Height in Feet
Active Ground Floor Use Required Streets	14 feet minimum
All Other Streets	11 feet minimum
Roof Form
Pitched Roof Half-Story Height	18 feet maximum
Facade Articulation
Facing Front Lot Line	35 feet maximum continuous facade
All Other Facades	60 feet maximum continuous facade
Ground Story Fenestration
Active Ground Floor Use Required Streets	70% minimum
All Other Streets, Non-Residential Uses	50% minimum
All Other Streets, Residential Uses	15% minimum
Ground Story Active Use
Active Ground Floor Use Required Streets	60% minimum, or 35' Facade Length (whichever is greater)
Active Use Depth	20 feet minimum
Yard Dimensions
Front	8 feet minimum, 15 feet maximum
Side	10 feet minimum
Side, If Abutting a Party Wall	0 foot minimum
Rear	20 feet minimum
Facade Buildout
Primary Front Lot Line	60%
Secondary Front Lot Line (Corner Lot)	50%
Minimum Separation Between Buildings on a Lot
20 feet if either building is 2.5 stories or more; 15 feet if either building is 1.5 stories or more but less than 2.5 stories 10 feet if either building is one story or more but less than 1.5 stories
Minimum Open Space
Minimum Open Space: 15%
Minimum Beneficial Open Space: 5% for lots greater than 30,000 square feet
Parking Setbacks
Facing a Right-of-Way	15 feet
Not Facing a Right-of-Way	5 feet

COMMERCIAL CENTER SUBDISTRICT
Maximum Building Footprint
8,000 square feet
Maximum Building Height in Stories
Stories	3.5
Pitched Roof Peak	54 feet
Roof Form
Pitched Roof Half-Story Height	18 feet maximum
Facade Articulation
Facing Front Lot Line	60 feet maximum continuous facade
All Other Facades	60 feet maximum continuous facade
Ground Story Fenestration
Non-Residential Uses	50% minimum
Residential Uses	15% minimum
Minimum Yard Dimensions
Front	15 feet minimum
Side	15 feet minimum
Rear	20 feet minimum
Facade Buildout
Primary Front Lot Line	60%
Secondary Front Lot Line (Corner Lot)	50%
Minimum Separation Between Buildings on a Lot
20 feet if either building is 2.5 stories or more; 15 feet if either building is 1.5 stories or more but less than 2.5 stories 10 feet if either building is one story or more but less than 1.5 stories
Minimum Open Space
Minimum Open Space: 15%
Minimum beneficial open space: 5% for lots greater than 30,000 square feet
Parking Setbacks
Facing a Right-of-Way	15 feet
Not Facing a Right-of-Way	5 feet

Year-Round, Affordable, and Attainable Housing Requirements and Bonuses.

(1)

To further Town goals and meet the need for affordable housing, any development with 10 or more dwelling units shall include one Affordable Housing Unit for each 10 dwelling units and shall additionally include 1.5 Attainable Housing Units for each 10 dwelling units. Any fraction of a required Affordable or Attainable Housing Unit shall be rounded up to the nearest whole unit.

(2)

Any development in the Downtown Housing Overlay District shall deed-restrict 50% of the dwelling units for year-round occupancy.

(3)

In the Village-Scale Corridor and Commercial Center Subdistricts, additional building height and footprint is permitted for developments providing deed-restricted year-round affordable and attainable housing as follows:

Subdistrict	Inclusionary Zoning Units	Building Height Maximum (stories)	Building Footprint Maximum
VCS	10% @ 80% AMI 40% @ 200% AMI	3.5	Per Subsection D(1)
CCS	10% @ 80% AMI 40% @ 200% AMI	3.5	15,000 square feet

(a)

Any development, regardless of number of dwelling units, developed under this Subsection E(3) shall meet the affordable, attainable, and year-round housing requirements.

(b)

For developments of 3.5 stories in the VCS, the maximum pitched roof peak shall be 54 feet.

Lot Standards.

(1)

Setbacks.

(a)

Buildings must meet the minimum setback requirements specified in the Lot and Building standard for each subdistrict.

(2)

Building Placement.

(a)

The width of the front elevation must be built out to a percentage of the lot width as specified by the facade build out ratio in the Lot and Building standard for each subdistrict. (Figure 1)

(b)

The facade buildout ratio may be met cumulatively by multiple buildings on a lot.

(c)

Outdoor space between the front lot line and front elevation is considered part of the building for the purposes of calculating the facade build out ratio.

Figure 1. Building Placement

(3)

Number of Buildings.

(a)

Multiple buildings are permitted on each lot, subject to the minimum Open Space percent for all lots.

(4)

Building Separation.

(a)

Multiple buildings on a single lot must comply with the building separation distance at all points specified in the Lot and Building standard listed for each subdistrict.

(5)

Open Space and Beneficial Open Space.

(a)

Lots must provide the minimum open space specified in the Site Dimensional Standards for each subdistrict.

(b)

Development on lots 30,000 square feet and greater must provide Beneficial Open Space specified in the Site Dimensional Standards for the applicable subdistrict and meet the following standards:

[1]

At least 400 square feet and at least 20 feet in width and 20 feet in length;

[2]

Not on rooftops or other elevated portions of buildings;

[3]

Designed to accommodate public congregation and use, including any necessary amenities or infrastructure. Examples include: parks, plazas, playgrounds, community gardens, etc.; and

[4]

It is encouraged to locate civic spaces such that they can be connected and shared with public uses on adjacent lots.

Building Standards.

(1)

Building Footprint.

(a)

Buildings must comply with the maximum building footprint as specified in the Lot and Building standards for each subdistrict.

(b)

Building footprint includes all enclosed spaces whether for habitation or storage. Any parking area that is covered by a roof is included in the Building Footprint.

(c)

The following features do not count toward the building footprint.

[1]

Building components (refer to § 164-3.19G(8)).

(2)

Building Height.

(a)

Buildings may not exceed the maximum building height specified in the Lot and Building standards for each subdistrict. (Figure 2)

(b)

For the purposes of this section Building Height shall be defined as follows: The vertical distance between the elevations of the natural mean grade and the highest point of the roof. Not included in such measurements are:

[1]

Cornices which do not extend more than 5 feet above the roof line;

[2]

Chimneys, walls, vents, ventilators and enclosures for machinery of elevators which do not exceed 15 feet in height above the roof line;

[3]

Solar panels which do not extend more than one foot above the ridgeline or in the case of a flat roof, no more than 4 feet above the parapet, and

[4]

Towers, spires, domes and ornamental features.

(3)

Story Height.

(a)

The ground story of a building must comply with the minimum story height requirements specified for each subdistrict.

(b)

The height of the ground story is measured vertically from the surface of the finished floor to the surface of the finished floor above, at all points.

(c)

The height of a pitched roof half-story is measured vertically from the surface of the finished floor to the top of the highest roof beam above.

(4)

Number of Stories.

(a)

Buildings must comply with the maximum number of stories specified for each subdistrict.

(5)

Pitched Roof Half-Story.

(a)

Space located directly under a pitched roof is counted as a half-story (Figure 3), provided the following standards are all met:

[1]

At least 2 opposite roof planes are pitched toward each other.

[2]

A pitched roof may be composed of roof planes with different slopes.

[3]

The slope of any pitch must be no greater than 14:12 (49.4 degrees); otherwise, this story is counted as a full story.

[4]

The roof rafters must intersect the wall plate or top of wall frame of the exterior walls at a height no more than 2 feet above the finished floor of the half-story; otherwise, this story is counted as a full story.

(6)

Dormers.

(a)

Dormer windows may not occupy more than 60% of the total pitched roof area and must be set back from the ends of a pitched roof, where applicable, by a minimum of 3 feet. Where more than one dormer is located on the same side of the roof, the width of all dormers combined may not exceed 60% of the length of the exterior wall below, and each dormer shall be separated by a minimum of 7 feet. (Figure 4)

(b)

A roof line overhang shall be continued a minimum of one foot between the dormer and the next story below to avoid the appearance of an uninterrupted wall plane.

(c)

No dormer may project above the main roof ridgeline.

(7)

Active Ground Floor Use.

(a)

For buildings with front-facing lot line in the Active Ground Floor Use area, at least 60% or 35 feet of facade (whichever is greater) must include an Active Ground Floor Use to a depth of 20 feet. Active Use depth is measured as the distance from the facade towards the interior of the building. (Figure 5)

(8)

Building Components.

(a)

Building components are structural and architectural elements that extend outward from a building facade, including awnings, bays, balconies, and porches.

(b)

Building components which fully comply with the dimensional standards below are not considered part of the building footprint.

(c)

Building components may project into the front and side setbacks and/or right-of-way provided they conform to the following dimensional standards.

(d)

Building components that are not identified below are prohibited.

[1]

Bay.

[a]

Single Bay Width: 16 feet maximum.

Cumulative bay width: 50% of the width of the exterior wall from which the bays project.

[b]

Projection: 3 feet maximum.

[c]

Front Setback Encroachment: 3 feet maximum.

[d]

Side Setback Encroachment: 3 feet maximum.

[2]

Balcony.

[a]

Width: 5 feet minimum.

[b]

Depth: 4 feet minimum.

[c]

Front Setback Encroachment: 5 feet maximum.

[d]

Side Setback Encroachment: 5 feet maximum.

[3]

Awning.

[a]

Clearance above grade: 10 feet minimum.

[b]

Depth: three feet maximum.

[c]

Front Setback Encroachment: 3 feet maximum.

[d]

Side Setback Encroachment: 3 feet maximum.

[4]

Porch.

[a]

Width, front: 8 feet minimum.

Width, side: 4 feet minimum.

[b]

Depth, front: 8 feet maximum.

Depth, side: 4 feet maximum.

[c]

Front Setback Encroachment: 6 feet maximum.

[d]

Side Setback Encroachment: 6 feet maximum.

(9)

Facade Articulation.

(a)

Facades must differentiate the ground story of the building from the upper stories through horizontal articulation, a change in material, or a change in window size or pattern to create a distinct base to the building facade. The entire height of the ground story must be included in the facade base.

(b)

The facade of any building greater than 35 feet in width along the front lot line or 60 feet in width along the side lot line must be divided vertically by a recess at a minimum of 5 feet deep and 5 feet wide or an offset at a minimum of 5 feet deep, for the full height of the building, excluding any portion of the Ground Story with Ground Story Active Uses (Figure 6).

[1]

Balconies and Awnings may be located within the recess or adjacent to the offset.

[2]

Required recesses must include a change in roof plane at both edges of the recess, and one edge at offsets. Parallel roof planes are permitted so long as they are a minimum of 3 feet apart measured perpendicular to the roof plane (Figure 7 and Figure 8).

[3]

The depth of eaves and roof overhangs within recesses and offsets must be equal to or less than adjacent roof edge conditions.

(10)

Fenestration.

(a)

(b)

Fenestration must be provided as indicated for each zone and is calculated as a percentage of the area of a facade.

(c)

Ground story fenestration is measured between 2 feet and 10 feet above the finished floor of the ground story (Figure 9).

(d)

For ground story fenestration, glazing must have a minimum 60% Visible Light Transmittance (VLT) and no more than 15% Visible Light Reflectance (VLR) as indicated by the manufacturer.

(11)

Building Entry.

(a)

For lots with street frontage, buildings must have their principal entrance(s) from that right-of-way. For lots without street frontage, buildings must have their main entrance(s) on the side wall oriented toward a secondary right-of-way or parking lot provided for the building.

(b)

Multi-story buildings with Active Ground Floor Use spaces must have one principal entrance for each Active Use space in addition to any principal entrance(s) necessary for any upper stories, except where Active Uses are accessory to a principal use such as a hotel.

(c)

Principal entrances that do not have an internal vestibule must either be recessed from the plane of the facade, or have a projecting awning or canopy, to signal building entry and provide adequate protection from the elements.

(d)

Principal entrances are encouraged to include architectural elements that distinguish the principal entrance, such as columns, pilasters, pediments, side lights, transom lights, fan lights, entablatures, cornices, brackets, and decorative dark sky compliant lighting fixtures to signal building entry.

(12)

Frontage Types.

(a)

Frontage types provide access to principal entrances and serve as the interface and transition between the private realm (building interiors) and the public realm (sidewalks and public spaces) and are defined by a combination of site features and facade characteristics.

(b)

Frontage types are permitted according to Table 1.

(c)

Frontage types not expressly permitted are prohibited.

(d)

Multiple frontage types are permitted for each building.

Table 1. Frontage Types
P = Permitted N = Not Permitted	Active Use	Residential Use
Entry Plaza A frontage type consisting of a storefront(s) and a highly paved frontage area, providing a widened sidewalk, building access, public seating, and optional bicycle parking.	P	P
Dining Patio A frontage type consisting of a storefront(s) and outdoor cafe seating in the frontage area, A depth of at least 6 feet is encouraged.	P	P
Front Garden A frontage type consisting of a storefront(s) and a highly landscaped and occupiable frontage area, providing additional street trees, vegetation, entry access, public seating, and optional bicycle parking.	P	P
Dooryard A frontage type consisting of low fences that delineate the boundaries of private front yards for individual ground story dwelling units.	N	P
Stoop A frontage type consisting of a set of stairs with a landing that provides access to the entrance of a building.	N	P
Porch A frontage type consisting of a raised platform with a roof supported by columns, piers, or posts; an area for seating; and an optional set of stairs with a landing that provides access to the entrance of a building.	N	P

(13)

Roof Features.

(a)

Non-habitable architectural features including, but not limited to, mechanical & stairwell penthouses; vents or exhausts; solar panels or skylights; belfries, chimneys, cupolas, parapets, spires, and steeples are permitted on roofs.

(b)

Roof mounted features including vents, exhausts, antennas, wires, utilities, connection boxes, and similar features cannot be located within 30 feet of the front lot line and need to be either architecturally integrated into the building or screened.

(c)

Notwithstanding the provisions of Subsection D herein, flat roofs may be permitted in the Village-Scale and Commercial Center subdistricts upon the grant of a Special Permit from the Zoning Board of Appeals, subject to the following findings:

[1]

The flat roof area of the structure shall be designed to incorporate a significant beneficial feature such as a roof deck or patio, rooftop garden, or green roof.

[2]

The building design, including the flat roof, is architecturally compatible and harmonious with the general character of the neighborhood.

(14)

Mechanical Equipment.

(a)

Roof-mounted mechanical equipment must be screened and setback at least 10 feet from any building wall. See "Screening" in § 164-2.1.

(b)

Roof-mounted mechanical equipment shall be no greater than 8 feet tall when measured from the floor of the roof.

(c)

Wall-mounted alarm devices, cable boxes, and utility meters shall not be mounted on a facade facing a right-of-way.

(d)

Wall-mounted mechanical, plumbing, and/or electrical equipment such as louvers, exhaust equipment and duct vents along the front elevation must be architecturally integrated into the design of the building and located to minimize adverse effects on pedestrian comfort along sidewalks and within open spaces.

(e)

All free-standing mechanical and/or electrical equipment are prohibited between any front lot line and front elevation.

Site Standards.

(1)

Required Accessory Parking Spaces.

(a)

Multi-family residential development shall provide off-street parking in accordance with § 164-8.1, a minimum of one space per residential dwelling unit.

(b)

Non-residential development shall provide a minimum of one off-street parking space per 500 square feet of non-residential area.

(c)

Pedestrian access to off-street motor vehicle parking must be via an accessible sidewalk or walkway.

(2)

Parking Placement.

(a)

All parking spaces and structures must be located at or behind any required parking setback as specified for each zone.

(b)

Driveways are prohibited between the facade of a building and the front lot line.

(3)

Parking Access.

(a)

Vehicular access to parking lots and structures along the primary front lot line is prohibited when vehicular access along another lot line is available.

(b)

Shared use of parking lots, by multiple uses and/or developments on multiple parcels, is encouraged where feasible.

(c)

Where feasible, access to parking lots within the footprint of a building is encouraged to be from an adjacent surface parking lot driveway and not via a curb cut and driveway directly from an adjacent street.

(4)

Curb Cuts and Driveways.

(a)

Curb cuts are prohibited along the primary front lot line when vehicular access along another lot line is available.

(b)

The maximum width of a curb cut and driveway for access to parking lots and structures is as follows:

[1]

One-lane: 12 feet.

[2]

Two-lane: 24 feet.

(c)

Each lot is limited to one curb cut per street frontage. Lots with more than 200 feet of frontage are allowed one additional curb cut every 200 feet.

(d)

A driveway apron may be installed only within the furnishing zone of a sidewalk.

(e)

The grade, cross slope, and clear width of the walkway of a sidewalk must be maintained between the driveway apron and the abutting driveway. The appearance of the walkway (i.e., scoring pattern or paving material) must indicate that, although a vehicle may cross, the area traversed by a vehicle remains part of the pedestrian sidewalk. (Figure 10)

(5)

Surface parking lot design.

(a)

Parking lots must be separated from the public right-of-way by a landscaped strip with a depth equal to the parking setback as specified in the Lot Standards for each subdistrict. The landscape strip must adhere to the following design standards (Figure 11):

[1]

The landscape strip must run the full length of the parking lot perimeter along the right-of-way, excluding curb cuts and driveways.

[2]

The landscape strip must be planted with native shrubs, perennials, grasses, and other planting types that provide screening from the public right-of-way.

[3]

Native deciduous shade trees must be planted for every 20 feet of landscape strip length, spaced linearly and parallel to the public right-of-way. Shade trees must be a minimum of two inches in tree caliper when planted.

[4]

An optional low picket fence or pedestrian wall 24 inches to 42 inches in height may be installed behind the landscape strip and setback up to 24 inches from the adjacent parking lot to accommodate for car overhang.

[5]

The use of Low-Impact-Development (LID) stormwater management techniques such as rain gardens and bioswales is encouraged in landscape strips.

(b)

For parking lots with more than 25 spaces, internal parking lot landscaping shall comply with § 164-8.1.

(c)

Parking lots abutting properties in any Residential Districts along any side or rear lot line must be screened as defined under "Screening" in § 164-2.1.

(d)

Parking lot landscape strips, parking lot islands, landscape buffers, and other landscaped areas should utilize Low-Impact-Development (LID) practices consistent with state law to treat and discharge stormwater.

(6)

Required bicycle parking spaces.

(a)

Bicycle parking must be provided at no cost or fee to customers, visitors, employees, tenants, and residents.

(b)

Bicycle parking may be provided through any combination of racks and lockers.

(c)

Bicycle parking stalls must be accessible without moving another bicycle or lifting or carrying a bicycle over any steps or stairs.

(7)

(a)

Access to loading docks or service areas along the primary front lot line is prohibited, except when the loading docks and service areas are internal to the building or fully behind the building.

(b)

Outdoor loading facilities, including all docks and areas used for the storage and staging of goods or materials, that are visible from a public street, public space, or abutting properties in any Residential District must be screened from view as defined under "Screening" in § 164-2.1.

(c)

Interior loading must be screened from view by solid, non-transparent doors which must remain closed when the loading dock is not in use.

(8)

Service Areas.

(a)

Trash collection, trash compaction, recycling collection and other similar service areas must be fully enclosed within a building or located to the side or rear of the buildings.

(b)

Outdoor service areas are not permitted along any primary front lot line.

(c)

Outdoor trash and recycling collection/storage that is visible from a public street, public space, or abutting properties in any Residential District must be fully screened from view as defined under "Screening" in § 164-2.1.

(9)

Landscape and Stormwater Management.

(a)

Low-Impact-Development practices consistent with state law, such as rain gardens and bioswales, should be installed to treat and infiltrate runoff from parking lots, thoroughfares, entry plazas, dining patios, and other impervious surfaces.

(b)

Where vegetative solutions are not feasible, permeable pavers, porous concrete, or porous asphalt should be used for sidewalks, parking lots, entry plazas, and dining patios to infiltrate stormwater.

(c)

Site landscaping should prioritize the use of native plant species and xeriscape.

Tenure of Rental Units. Dwelling units that are rented shall be rented for periods of not less than 30 days.

Orleans City Zoning Code

ARTICLE III

Establishment of Districts

§ 164-3.1 Districts Enumerated.

To accomplish the purposes of this chapter, the town is divided into districts which will best preserve their general character as follows:

Residential Districts

Residence District R

Business Districts

Rural Business District RB

Marine Business District MB

Limited Business District LB

General Business District GB

Village Center District VC

Industrial District I

Other Districts

Conservancy District CD

Overlay Districts

Seashore Conservancy District SC

Groundwater Protection Districts

Shoreline District S

Floodplain District F

Residential Affordable Housing District RAH

Downtown Housing Overlay District (DHOD)

Village-Scale Corridor Subzone (VCS)

Commercial Center Subzone (CCS)

§ 164-3.2 Location of Districts; Zoning Map.

§ 164-3.3 Boundaries of Districts.

§ 164-3.4 Lots in Two Districts.

§ 164-3.5 Lots Located Partly in Another Municipality.

Lots located in part in another municipality shall be regulated as to the portion located in Orleans as if entirely within Orleans.

§ 164-3.6 Residence R.

Lot and Building Standards.

Minimum Lot Size (square feet)	Minimum Frontage (feet)	Minimum Yard Dimensions (feet)			Maximum Building Height (feet)	Maximum Building Coverage	Maximum Lot Shape Number
Minimum Lot Size (square feet)	Minimum Frontage (feet)	Front	Side	Rear	Maximum Building Height (feet)	Maximum Building Coverage	Maximum Lot Shape Number
40,000	150	25	25	25	30	15%

(1)

To meet the minimum area requirements in the R District, a lot must be a closed plot of land having a definite area and perimeter and having a shape factor not exceeding 22.

(2)

(3)

See § 164-5.3G Modifications for frontage requirements for lots on a dead-end turnaround.

§ 164-3.7 Rural Business District RB.

Lot and Building Standards.

Minimum Lot Size (square feet)	Minimum Frontage (feet)	Minimum Yard Dimensions (feet)			Maximum Building Height (feet)	Maximum Building Coverage	Maximum Lot Coverage
Minimum Lot Size (square feet)	Minimum Frontage (feet)	Front	Side	Rear	Maximum Building Height (feet)	Maximum Building Coverage	Maximum Lot Coverage
—	100	25	25	25	30	15%	75%

(1)

(2)

See § 164-5.3G Modifications for frontage requirements for lots on a dead-end turnaround.

Site Standards.

(1)

Landscape Standards.

(1)

§ 164-3.8 Marine Business District MB.

Lot and building standards.

Minimum Lot Size (square feet)	Minimum Frontage (feet)	Minimum Yard Dimensions (feet)			Maximum Building Height (feet)	Maximum Building Coverage	Maximum Lot Coverage	Maximum Floor Area Ratio
Minimum Lot Size (square feet)	Minimum Frontage (feet)	Front	Side	Rear	Maximum Building Height (feet)	Maximum Building Coverage	Maximum Lot Coverage	Maximum Floor Area Ratio
—	100	25	25	25	30	15%	75%	40%

(1)

Site Standards.

(1)

Landscape Standards.

(1)

§ 164-3.9 Limited Business District LB.

Lot and Building Standards.

Minimum Lot Size (square feet)	Minimum Frontage (feet)	Minimum Yard Dimensions (feet)			Maximum Building Height (feet)	Maximum Building Coverage	Maximum Lot Coverage	Maximum Floor Area Ratio
Minimum Lot Size (square feet)	Minimum Frontage (feet)	Front	Side	Rear	Maximum Building Height (feet)	Maximum Building Coverage	Maximum Lot Coverage	Maximum Floor Area Ratio
—	—	25	10	10	30	—	75%	40%

Site Standards.

(1)

Landscape Standards.

(1)

§ 164-3.10 General Business District GB.

Lot and Building Standards.

Minimum Lot Size (square feet)	Minimum Frontage (feet)	Minimum Yard Dimensions (feet)			Maximum Building Height (feet)	Maximum Building Coverage	Maximum Lot Coverage	Maximum Floor Area Ratio
Minimum Lot Size (square feet)	Minimum Frontage (feet)	Front	Side	Rear	Maximum Building Height (feet)	Maximum Building Coverage	Maximum Lot Coverage	Maximum Floor Area Ratio
—	—	25	10	10	30	—	75%	40%

Site Standards.

(1)

Landscape Standards.

(1)

§ 164-3.11 Village Center District VC.

Lot Standards.

Minimum Lot Size (square feet)	Minimum Frontage (feet)	Minimum Yard Dimensions (feet)			Maximum Building Height (feet)	Maximum Building Coverage	Maximum Lot Coverage	Maximum Floor Area Ratio
Minimum Lot Size (square feet)	Minimum Frontage (feet)	Front	Side	Rear	Maximum Building Height (feet)	Maximum Building Coverage	Maximum Lot Coverage	Maximum Floor Area Ratio
—	—	see below		10	30	—	—	100%

(1)

(2)

Building Standards.

(1)

Use Provisions.

(1)

Auto/pedestrian conflict. No use shall have a drive-in, drive-through, fuel pumps, or other facility servicing autos.

(2)

Fast food restaurants. Fast Food Restaurants are prohibited in the Village Center District.

(3)

(a)

(b)

(c)

Finished space on the third floor of the structure shall be used for residential purposes and in no case shall it be used for commercial purposes other than storage of goods.

(d)

Gabled and eyebrow dormers are permitted but the face of the dormer shall be set back at least 2 feet from the eave.

(e)

A site plan shall be submitted and reviewed as provided in § 164-10.1.

(f)

Architectural Review Committee approval is required, as provided in § 164-10.2.

(g)

Site Standards.

(1)

Side yards shall contain no parking spaces.

(2)

§ 164-3.12 Industrial District I.

Lot and Building Standards.

Minimum Lot Size (square feet)	Minimum Frontage (feet)	Minimum Yard Dimensions (feet)			Maximum Building Height (feet)	Maximum Building Coverage	Maximum Lot Coverage	Maximum Floor Area Ratio
Minimum Lot Size (square feet)	Minimum Frontage (feet)	Front	Side	Rear	Maximum Building Height (feet)	Maximum Building Coverage	Maximum Lot Coverage	Maximum Floor Area Ratio
30,000	100	25	10	10	30	—	75%	—

(1)

The side and rear setback in the Industrial District shall be 50 feet from:

(a)

Any wetland as defined in the Massachusetts Wetlands Protection Act, MGL c. 131, § 40 and the Regulations issued thereunder, 310 CMR 10; and

From Groundwater Protection District 1, land shown on Assessor's Map 54 as Parcel 1.

Site Standards.

(1)

Landscape Standards.

(1)

§ 164-3.13 Seashore Conservancy District SC.

Permitted uses. No premises or buildings in this district may be used except for the purposes herein stated:

(1)

Conservation of land, water, wildlife, vegetation and other natural features and values.

(2)

(3)

Recreation related and indigenous to conservation and the natural resources of the seashore such as hunting, fishing, swimming and boating.

(4)

Traditional fishing activities.

(5)

*NOTE: "Existing" means in accordance with the requirement for construction of improved property contained in the Act of August 7, 1961 (75 Stat. 285, 290) (September 1, 1959).

(6)

Public utilities.

(7)

Municipal, religious, and educational uses.

(8)

[1]

Editor's Note: See Ch. 192, Subdivision Rules and Regulations.

(9)

Agricultural, horticultural, floricultural and aquacultural uses.

Prohibited uses. Except as provided above, there shall be in the Seashore Conservancy District:

(1)

No burning of cover unless permitted and supervised by the Fire Chief in accordance with MGL c. 48, §§ 41 and 42.

(2)

No filling of land, no dumping and no removal of soil, loam, sand or gravel, except for the maintenance and protection of existing* dwellings.

*NOTE: "Existing" means in accordance with the requirement for construction of improved property contained in the Act of August 7, 1961 (75 Stat. 285, 290) (September 1, 1959).

(3)

No cutting timber except:

•	By an owner for the purpose of reasonably controlling bush or trees.
•	Maintenance cutting in pastures.
•	Cutting for clearance or maintenance on a right-of-way.
•	No buildings or structures.
•	No commercial or industrial ventures or activities or signs.

(4)

No drainage, damming or relocation of any watercourse except by a publicly authorized agency for the purpose of pest control.

•	No continuous storage of materials or equipment.
•	No other uses unless specifically permitted as enumerated above.

§ 164-3.14 Conservancy Districts CD.

Permitted uses. Except as provided in § 164-6.1, buildings, structures and premises in Conservancy Districts may be used only for the following purposes:

(1)

Fishing and shellfishing, including the raising and cultivation of fish and shellfish.

(2)

The growing and/or harvesting of such crops as cranberries, marsh hay, seaweed, berries and shrub fruits and seeds.

(3)

Revetments and other types of erosion control structures.

(4)

Conservation of water, plants and wildlife.

(5)

Publicly regulated utilities.

(6)

Recreation, including swimming, boating, nature study, fishing and hunting, unless otherwise prohibited by other ordinance, law or bylaw.

(7)

Nonresidential buildings or structures to be used only in conjunction with fishing, shellfishing, the growing, harvesting and storage of crops raised on the premises and boathouses.

Dams, changes in watercourses or other drainage works, only as part of an overall drainage plan constructed or authorized by a public agency.

Educational and religious uses.

Fabricated walks or trails, docks, piers and landings for private use or municipal uses.

Construction. Permanent docks, piers or landings shall not be permitted unless a specific navigational need can be demonstrated.

Size.

No dock, pier, landing, stairs or ramp shall exceed 4 feet in width, measured outside the support structure (piling, posts or railing).

The total area of any and all floats associated with a dock, pier or landing shall not exceed 300 square feet, and there shall be no floats above mean low water (MLW).

Depth of water. At mean low water (MLW), there shall be, without benefit of dredging, sufficient navigable water for the proposed vessel at the end of the dock, pier or landing and/or float system.

Access. At all normal levels of the tide along the shore, pedestrian passage shall be provided.

Prohibited uses. Except as provided above, there shall be in the Conservancy Districts:

(1)

No landfill or dumping and no removal of soil, loam, sand or gravel.

(2)

No drainage other than flood control or mosquito control works by an authorized agency.

Boundaries and definitions. Conservancy Districts are all land or lands and areas in the Town of Orleans, but excluding land or areas within the boundaries of the National Seashore:

(1)

(2)

§ 164-3.15 Groundwater Protection Districts.

Purpose.

In order to help provide an adequate future supply of high-quality Town drinking water, the following zoning bylaw provisions are enacted to:

•	establish three Orleans Groundwater Protection Districts; and
•	define lot requirements and regulate land uses within such Districts. Use restrictions for each District vary as a function of the area's sensitivity with regard to protecting public water supply.

•	District 1 consists of Town Watershed Properties as delineated on the above-referenced map entitled "Zoning and Proposed Groundwater Protection Districts Map," dated December 21, 2011. District 1 includes those properties shown as parcels 54-1, 68-5, 68-7, 75-119, 81-5, 81-9, 81-10, and 87-5 on the Town of Orleans Assessor's maps as of December 31, 2010.
•	District 2 consists of all land located in the Zones of Contribution for Town public water supply wells as determined by the Cape Cod Commission in accordance with Massachusetts Department of Environmental Protection regulations, except those portions of the Zones located within District 1, as delineated on the above-referenced map entitled "Zoning and Proposed Groundwater Protection Districts Map" dated December 21, 2011.
•	District 3 consists of all the areas of the Town except those within Districts 1 and 2 as delineated on the above-referenced map entitled "Zoning and Proposed Groundwater Protection Districts Map" dated December 21, 2011.

District Regulations.

(1)

(a)

(2)

District 2.

(a)

[1]	At least 30% of a lot area shall be retained in its natural state except for minor removal of existing trees and ground vegetation.
No more than 15% of a lot area may be rendered impervious unless a system is provided for the artificial recharge of precipitation and such system will not result in the harmful degradation of groundwater quality. Regardless of such artificial recharge, at least 60% of a lot area must be pervious to water.
All precipitation runoff generated on a lot shall be recharged within such lot in a manner which assures that no harmful degradation of groundwater quality will occur.
Fill material used in construction shall contain no solid waste, toxic or hazardous materials, or hazardous waste. Prior to the use of any fill, adequate documentation shall be provided to the Building Commissioner that establishes the acceptable chemical and biological quality of the fill.
Land Uses.
[1]	Allowed: All uses permitted in the underlying zoning districts except those specifically listed as prohibited.
	Prohibited:
	Landfills, open dumps, and junkyard.
	Municipal and private wastewater treatment plants. Land application or storage of sludge or septage. Automobile graveyards, used car lots and auto salvage.
	Sales, storage or transportation of liquid petroleum products of any kind, except those incidental to (i) normal household use, (ii) the heating of a structure, (iii) required waste oil retention facilities or (iv) emergency generators required by statute, rule or regulation, provided that such storage is either in a free standing container within a building or in a free standing container above ground level with protection adequate to contain a spill the size of the container's total storage capacity.
	Storage of pesticides, herbicides, fertilizers and soil conditioners except for normal household use or for use in agriculture, horticulture, floriculture or viticulture on parcels of land of more than 5 acres, provided storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate.
	The use, generation, storage, treatment or disposal of toxic or hazardous materials or wastes in quantities greater than those associated with normal household use.
	Storage of sodium chloride, calcium chloride, chemically treated abrasive or other chemicals for the purpose of snow or ice removal from roads, or the stockpiling and disposal of snow or ice containing these substances.
	Car washes, commercial laundries, dry cleaning facilities and metal plating establishments.
	Boat or motor vehicle service or repair establishments.
	Sewage disposal systems with a wastewater flow (as determined by Title V of the State Environmental Code) exceeding 110 gallons per day per 10,000 square feet of lot area, or exceeding 15,000 gallons per day regardless of lot size.
	Chemical and biological laboratories.
	Any use which involves on-site disposal of process wastes from operations other than personal hygiene and food for residents, patrons and employees.
	Animal feedlots or the stockpiling of animal manures, except in a structure with an impermeable cover and liner designed to prevent the generation and escape of contaminated runoff or leachate.
	Except for excavations for the construction of building foundations or the installation of utility works, the removal of soil, loam, sand, gravel or any mineral substances within 4 feet of the historical high groundwater level, as determined by the Board of Health, unless the substances removed are within 45 days redeposited on site to achieve a final grading greater than 4 feet above the historical high groundwater level.
	Commercial or recreational uses that require the wholesale removal of natural vegetation or the application of fertilizers, herbicides or other chemicals in excess of normal household use.

(3)

District 3.

(a)

No lot requirements in addition to those existing for the underlying zoning districts are applied to District 3.

All land uses permitted in the underlying zoning districts are permitted in District 3.

Special Permits.

(1)

(a)

The impact on the quality of groundwater.

The impact on the recharge volume of groundwater.

The reliability and feasibility of any control measures proposed.

The impact on groundwater quality and recharge volume if the proposed control measures fail.

(2)

(3)

Submittals. In applying for a Special Permit under this section, the following information shall be submitted:

(a)

Complete description of the proposed Special Permit use or requested reduction in lot requirements.

Where applicable, one or more of the following:

[1]

For storage of toxic or hazardous materials, evidence of qualified professional supervision of system design and installation and a plan for leak monitoring and containment during system use.

Description of toxic or hazardous wastes to be generated, indicating quantities and storage and disposal methods.

Analysis by a professional sanitary or civil engineer registered in the Commonwealth of Massachusetts certifying compliance with the applicable portions of § 164-3.15.

Schedule of Use Regulations - Groundwater Protection Overlay Districts.

Schedule of Use Regulations - Groundwater Protection Overlay Districts
(Consult text of § 164-3.15C for details)
Land Use			District
Land Use			#1	#2	#3
1.	Landfills, open dumps & junkyards		O	O	P
2.	Wastewater treatment
	a.	Muni plant + on-site disposal of secondary-treated effluent	O	O	P
	b.	All other wastewater treatment plants	O	O	P
3.	Land application or storage of sludge or septage		O	O	P
4.	Automobile graveyards, used car lots & auto salvage		O	O	P
5.	Petroleum/gasoline sales/storage/transport		O*	O	P
6.	Non-household storage of pesticides/herbicides/fertilizers/etc.
	a.	Minor activity	O	O	P
	b.	Principal activity	O	O	P
7.	Non-household use/generation/storage/disposal of hazardous materials
	a.	Minor activity	O*	O	P
	b.	Principal activity	O*	O	P
8.	Road salt storage		O	O	P
9.	Car washes, laundries, dry cleaning & metal plating facilities		O	O	P
10.	Boat/motor vehicle service/repair		O	O	P
11.	Sewage flow greater than 110 gpd per 10,000 sq. ft
	a.	Single-family home	O	O	P
	b.	All other structures	O	O	P
12.	Chemical and biological laboratories		O	O	P
13.	Process waste disposal		O	O	P
14.	Animal feedlots/manure stockpiling		O	O	P
15.	Surface soil removal		O	O	P
16.	Certain commercial/recreational uses		O	O	P
17.	Commercial and Non-Commercial Wind Energy Facilities		A**	A	A
18.	All other uses		O*	P	P

NOTES:
P = Allowed use, subject to any applicable restrictions for underlying zoning districts
A = Special Permit use, subject to any applicable restrictions for the underlying zoning districts
O = Prohibited use
* = Except for uses directly or indirectly related to the protection or production of Town drinking water.
** = Special Permit Use, subject to any applicable restrictions for the underlying zoning district and subject to the provisions of § 164-35-7.15 and to the provisions of § 164-3.15C.(1).

§ 164-3.16 Shoreline District S.

Use regulations. Uses shall be authorized only if they are allowed in the underlying district and they also meet the following:

(1)

To be allowed without necessity of a Special Permit, a use must meet all of the following:

(a)

Provide opportunity for pedestrian access to the water side of any buildings. Cover less than 10% of the lot area with buildings.

Place no building, parking area or disposal facility within 100 feet of mean high water unless functionally dependent upon the closer proximity.

(2)

All other uses require a Special Permit from the Zoning Board of Appeals. Such permit shall be granted only if the Zoning Board of Appeals makes the following determinations:

(a)

The proposal takes good advantage of the unique qualities of that location, including proximity to a water body.

Pedestrian access to the water and water visibility are reasonably provided for, unless precluded by safety or similar concerns arising from the nature of the use.

Shoreline ecology is carefully protected through location of proposed alterations and any compensatory or mitigating measures proposed.

Design regulations.

(1)

(2)

§ 164-3.17 Floodplain District F.

Purpose. The purposes of the Floodplain District are to:

•	Ensure public safety through reducing the threats to life and personal injury;
•	Eliminate new hazards to emergency response officials;
•	Prevent the occurrence of public emergencies resulting from water quality contamination, and pollution due to flooding;
•	Avoid the loss of utility services which if damaged by flooding would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding;
•	Eliminate costs associated with the response and cleanup of flooding conditions;
•	Reduce damage to public and private property resulting from flooding waters.

The FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk, Planning Department, Conservation Commission and the Building Department.

Floodplain District Definitions.

The terms below only apply to the Floodplain District:

DEVELOPMENT

FLOODWAY

FUNCTIONALLY DEPENDENT USE

HIGHEST ADJACENT GRADE

The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. [44 CFR Part 59]. HISTORIC

NEW CONSTRUCTION

RECREATIONAL VEHICLE

A vehicle which is:

•	Built on a single chassis;
•	400 square feet or less when measured at the largest horizontal projection;
•	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. [44 CFR Part 59]

REGULATORY FLOODWAY

See "floodway."

SPECIAL FLOOD HAZARD AREA

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]

START OF CONSTRUCTION

STRUCTURE

Any structure that is:

(1)

(2)

(3)

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

(4)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(a)

By an approved state program as determined by the Secretary of the Interior; or Directly by the Secretary of the Interior in states without approved programs. [44 CFR Part 59]

STRUCTURE

For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. [44 CFR Part 59]

SUBSTANTIAL REPAIR OF A FOUNDATION

VARIANCE

A grant of relief by a community from the terms of a floodplain management regulation. [44 CFR Part 59]

VIOLATION

Base Flood Elevation Data.

(1)

Base flood elevation data are required for subdivision or other developments greater than 50 lots or 5 acres, whichever is the lesser, within unnumbered A zones.

(2)

(3)

Notification of watercourse alteration. The Town shall notify the following of any alteration or relocation of a watercourse:

•	Adjacent communities
•	NFIP State Coordinator
Massachusetts Department of Conservation and Recreation 251 Causeway Street, Suite 600-700 Boston, MA 02114-2104
•	NFIP Program Specialist 99 High Street, 6th Floor Boston, MA 02110

•	FEMA Region I Risk Analysis Branch Chief 99 High St., 6th floor, Boston, MA 02110
And copy of notification to:
•	Massachusetts NFIP State Coordinator
•	MA Dept. of Conservation & Recreation, 251 Causeway Street, Boston, MA 02114

Variances to local Zoning Bylaws related to community compliance with the National Flood Insurance Program (NFIP).

(1)

(2)

Variances to building code requirements.

(a)

(3)

Such notification shall be maintained with the record of all variance actions for the referenced development in the floodplain overlay district.

•	Section of the Massachusetts State Building Code which addresses floodplain and coastal high hazard areas (currently 780 CMR);
•	Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00);
•	Inland Wetlands Restrictions, DEP (currently 310 CMR 13.00);
•	Coastal Wetlands Restriction, DEP (currently 310 CMR 12.00);
•	Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5);

Any variances from the provisions and requirements of the above referenced state regulations may only be granted in accordance with the required variance procedures of these state regulations.

Other use regulations.

(1)

Man-made alteration of sand dunes within Zone VE which would increase potential flood damage is prohibited.

(2)

Zone VE.

(1)

(2)

All new construction within the VE Zones shall be located landward of the reach of mean high tide.

(3)

The use of fill for structural support of buildings within the V Zone is prohibited.

Disclaimer of liability. The degree of flood protection required by this bylaw [ordinance] is considered reasonable but does not imply total flood protection.

Designation of community floodplain administrator. The Town of Orleans hereby designates the position of Building Commissioner to be the official floodplain administrator for the Town.

§ 164-3.18 Residential Affordable Housing District RAH.

The Residential Affordable Housing District is hereby established as an overlay district. The District shall be located as shown on a map on file with the Town Clerk dated April 1, 1998.

Permitted Uses. The following uses are permitted in the RAH District:

(1)

(2)

Any other use currently allowed in the underlying district subject to the applicable lot, yard and bulk requirements.

Schedule of lot, yard and bulk Requirements for Affordable Housing.

The following shall be the lot, yard and bulk requirements for Affordable Housing in the RAH District.¹

RAH District	Minimum Lot Size (square feet)¹	Minimum Frontage (feet)	Minimum Yard Dimensions (feet)			Maximum Building Height (feet)
RAH District	Minimum Lot Size (square feet)¹	Minimum Frontage (feet)	Front	Side	Rear	Maximum Building Height (feet)
	17,000^2,3	70⁴	20	20	20	30

NOTES:
¹	Unless specifically provided for in the RAH District, all applicable lot, yard, and bulk requirements provided for in this bylaw for the underlying Residential District shall apply.
²	The maximum number of lots created in the RAH District shall not exceed 12.
³	Lot area may be reduced to 10,000 square feet upon the approval by the Planning Board of an Open Space Residential Development under § 164-7.14. Provided however, the total number of lots in any such Open Space Residential Development shall not exceed 12.
⁴	Lots may be created having a frontage of 30 feet of arc frontage on a dead-end turnaround.

§ 164-3.19 Downtown Housing Overlay District.

[Added 11-17-2025 STM by Art. 2]

The purpose of this overlay district is to:

(1)

Encourage the production of affordable and attainable housing options for year-round residents.

(2)

(3)

Encourage mixed-use and multi-family investment that will reinforce the village's character and pedestrian orientation.

(4)

Encourage multi-family development in areas served by municipal sewer to ensure new wastewater flows will not compromise the Town's water quality.

(5)

(6)

Support existing and future Orleans businesses by increasing the year-round customer base.

Establishment of Overlay District.

(1)

(a)

Village-Scale Corridor Subdistrict (VCS).

(b)

Commercial Center Subdistrict (CCS).

(2)

(3)

Unless otherwise regulated within this section, all use, dimension, and all other provisions of the Zoning Bylaw shall remain in full force and effect.

(4)

(5)

Application; Uses Permitted.

(1)

Mixed-use and multi-family developments that comply with the provisions of this section shall be allowed as of right in the DHOD, subject to Site Plan Review and Architectural Review approvals.

(2)

Lot and Building Standards.

(1)

VILLAGE-SCALE CORRIDOR SUBDISTRICT
Maximum Building Footprint
Primary Building	4,000 square feet
Secondary Buildings	2,000 square feet
Maximum Building Height
Stories	2.5
Pitched Roof Peak	44 feet
Ground Story Height in Feet
Active Ground Floor Use Required Streets	14 feet minimum
All Other Streets	11 feet minimum
Roof Form
Pitched Roof Half-Story Height	18 feet maximum
Facade Articulation
Facing Front Lot Line	35 feet maximum continuous facade
All Other Facades	60 feet maximum continuous facade
Ground Story Fenestration
Active Ground Floor Use Required Streets	70% minimum
All Other Streets, Non-Residential Uses	50% minimum
All Other Streets, Residential Uses	15% minimum
Ground Story Active Use
Active Ground Floor Use Required Streets	60% minimum, or 35' Facade Length (whichever is greater)
Active Use Depth	20 feet minimum
Yard Dimensions
Front	8 feet minimum, 15 feet maximum
Side	10 feet minimum
Side, If Abutting a Party Wall	0 foot minimum
Rear	20 feet minimum
Facade Buildout
Primary Front Lot Line	60%
Secondary Front Lot Line (Corner Lot)	50%
Minimum Separation Between Buildings on a Lot
20 feet if either building is 2.5 stories or more; 15 feet if either building is 1.5 stories or more but less than 2.5 stories 10 feet if either building is one story or more but less than 1.5 stories
Minimum Open Space
Minimum Open Space: 15%
Minimum Beneficial Open Space: 5% for lots greater than 30,000 square feet
Parking Setbacks
Facing a Right-of-Way	15 feet
Not Facing a Right-of-Way	5 feet

COMMERCIAL CENTER SUBDISTRICT
Maximum Building Footprint
8,000 square feet
Maximum Building Height in Stories
Stories	3.5
Pitched Roof Peak	54 feet
Roof Form
Pitched Roof Half-Story Height	18 feet maximum
Facade Articulation
Facing Front Lot Line	60 feet maximum continuous facade
All Other Facades	60 feet maximum continuous facade
Ground Story Fenestration
Non-Residential Uses	50% minimum
Residential Uses	15% minimum
Minimum Yard Dimensions
Front	15 feet minimum
Side	15 feet minimum
Rear	20 feet minimum
Facade Buildout
Primary Front Lot Line	60%
Secondary Front Lot Line (Corner Lot)	50%
Minimum Separation Between Buildings on a Lot
20 feet if either building is 2.5 stories or more; 15 feet if either building is 1.5 stories or more but less than 2.5 stories 10 feet if either building is one story or more but less than 1.5 stories
Minimum Open Space
Minimum Open Space: 15%
Minimum beneficial open space: 5% for lots greater than 30,000 square feet
Parking Setbacks
Facing a Right-of-Way	15 feet
Not Facing a Right-of-Way	5 feet

Year-Round, Affordable, and Attainable Housing Requirements and Bonuses.

(1)

(2)

Any development in the Downtown Housing Overlay District shall deed-restrict 50% of the dwelling units for year-round occupancy.

(3)

Subdistrict	Inclusionary Zoning Units	Building Height Maximum (stories)	Building Footprint Maximum
VCS	10% @ 80% AMI 40% @ 200% AMI	3.5	Per Subsection D(1)
CCS	10% @ 80% AMI 40% @ 200% AMI	3.5	15,000 square feet

(a)

Any development, regardless of number of dwelling units, developed under this Subsection E(3) shall meet the affordable, attainable, and year-round housing requirements.

(b)

For developments of 3.5 stories in the VCS, the maximum pitched roof peak shall be 54 feet.

Lot Standards.

(1)

Setbacks.

(a)

Buildings must meet the minimum setback requirements specified in the Lot and Building standard for each subdistrict.

(2)

Building Placement.

(a)

The width of the front elevation must be built out to a percentage of the lot width as specified by the facade build out ratio in the Lot and Building standard for each subdistrict. (Figure 1)

(b)

The facade buildout ratio may be met cumulatively by multiple buildings on a lot.

(c)

Outdoor space between the front lot line and front elevation is considered part of the building for the purposes of calculating the facade build out ratio.

Figure 1. Building Placement

(3)

Number of Buildings.

(a)

Multiple buildings are permitted on each lot, subject to the minimum Open Space percent for all lots.

(4)

Building Separation.

(a)

Multiple buildings on a single lot must comply with the building separation distance at all points specified in the Lot and Building standard listed for each subdistrict.

(5)

Open Space and Beneficial Open Space.

(a)

Lots must provide the minimum open space specified in the Site Dimensional Standards for each subdistrict.

(b)

Development on lots 30,000 square feet and greater must provide Beneficial Open Space specified in the Site Dimensional Standards for the applicable subdistrict and meet the following standards:

[1]

At least 400 square feet and at least 20 feet in width and 20 feet in length;

[2]

Not on rooftops or other elevated portions of buildings;

[3]

Designed to accommodate public congregation and use, including any necessary amenities or infrastructure. Examples include: parks, plazas, playgrounds, community gardens, etc.; and

[4]

It is encouraged to locate civic spaces such that they can be connected and shared with public uses on adjacent lots.

Building Standards.

(1)

Building Footprint.

(a)

Buildings must comply with the maximum building footprint as specified in the Lot and Building standards for each subdistrict.

(b)

Building footprint includes all enclosed spaces whether for habitation or storage. Any parking area that is covered by a roof is included in the Building Footprint.

(c)

The following features do not count toward the building footprint.

[1]

Building components (refer to § 164-3.19G(8)).

(2)

Building Height.

(a)

Buildings may not exceed the maximum building height specified in the Lot and Building standards for each subdistrict. (Figure 2)

(b)

[1]

Cornices which do not extend more than 5 feet above the roof line;

[2]

Chimneys, walls, vents, ventilators and enclosures for machinery of elevators which do not exceed 15 feet in height above the roof line;

[3]

Solar panels which do not extend more than one foot above the ridgeline or in the case of a flat roof, no more than 4 feet above the parapet, and

[4]

Towers, spires, domes and ornamental features.

(3)

Story Height.

(a)

The ground story of a building must comply with the minimum story height requirements specified for each subdistrict.

(b)

The height of the ground story is measured vertically from the surface of the finished floor to the surface of the finished floor above, at all points.

(c)

The height of a pitched roof half-story is measured vertically from the surface of the finished floor to the top of the highest roof beam above.

(4)

Number of Stories.

(a)

Buildings must comply with the maximum number of stories specified for each subdistrict.

(5)

Pitched Roof Half-Story.

(a)

Space located directly under a pitched roof is counted as a half-story (Figure 3), provided the following standards are all met:

[1]

At least 2 opposite roof planes are pitched toward each other.

[2]

A pitched roof may be composed of roof planes with different slopes.

[3]

The slope of any pitch must be no greater than 14:12 (49.4 degrees); otherwise, this story is counted as a full story.

[4]

(6)

Dormers.

(a)

(b)

A roof line overhang shall be continued a minimum of one foot between the dormer and the next story below to avoid the appearance of an uninterrupted wall plane.

(c)

No dormer may project above the main roof ridgeline.

(7)

Active Ground Floor Use.

(a)

(8)

Building Components.

(a)

Building components are structural and architectural elements that extend outward from a building facade, including awnings, bays, balconies, and porches.

(b)

Building components which fully comply with the dimensional standards below are not considered part of the building footprint.

(c)

Building components may project into the front and side setbacks and/or right-of-way provided they conform to the following dimensional standards.

(d)

Building components that are not identified below are prohibited.

[1]

Bay.

[a]

Single Bay Width: 16 feet maximum.

Cumulative bay width: 50% of the width of the exterior wall from which the bays project.

[b]

Projection: 3 feet maximum.

[c]

Front Setback Encroachment: 3 feet maximum.

[d]

Side Setback Encroachment: 3 feet maximum.

[2]

Balcony.

[a]

Width: 5 feet minimum.

[b]

Depth: 4 feet minimum.

[c]

Front Setback Encroachment: 5 feet maximum.

[d]

Side Setback Encroachment: 5 feet maximum.

[3]

Awning.

[a]

Clearance above grade: 10 feet minimum.

[b]

Depth: three feet maximum.

[c]

Front Setback Encroachment: 3 feet maximum.

[d]

Side Setback Encroachment: 3 feet maximum.

[4]

Porch.

[a]

Width, front: 8 feet minimum.

Width, side: 4 feet minimum.

[b]

Depth, front: 8 feet maximum.

Depth, side: 4 feet maximum.

[c]

Front Setback Encroachment: 6 feet maximum.

[d]

Side Setback Encroachment: 6 feet maximum.

(9)

Facade Articulation.

(a)

(b)

[1]

Balconies and Awnings may be located within the recess or adjacent to the offset.

[2]

[3]

The depth of eaves and roof overhangs within recesses and offsets must be equal to or less than adjacent roof edge conditions.

(10)

Fenestration.

(a)

(b)

Fenestration must be provided as indicated for each zone and is calculated as a percentage of the area of a facade.

(c)

Ground story fenestration is measured between 2 feet and 10 feet above the finished floor of the ground story (Figure 9).

(d)

For ground story fenestration, glazing must have a minimum 60% Visible Light Transmittance (VLT) and no more than 15% Visible Light Reflectance (VLR) as indicated by the manufacturer.

(11)

Building Entry.

(a)

(b)

(c)

(d)

(12)

Frontage Types.

(a)

(b)

Frontage types are permitted according to Table 1.

(c)

Frontage types not expressly permitted are prohibited.

(d)

Multiple frontage types are permitted for each building.

Table 1. Frontage Types
P = Permitted N = Not Permitted	Active Use	Residential Use
Entry Plaza A frontage type consisting of a storefront(s) and a highly paved frontage area, providing a widened sidewalk, building access, public seating, and optional bicycle parking.	P	P
Dining Patio A frontage type consisting of a storefront(s) and outdoor cafe seating in the frontage area, A depth of at least 6 feet is encouraged.	P	P
Front Garden A frontage type consisting of a storefront(s) and a highly landscaped and occupiable frontage area, providing additional street trees, vegetation, entry access, public seating, and optional bicycle parking.	P	P
Dooryard A frontage type consisting of low fences that delineate the boundaries of private front yards for individual ground story dwelling units.	N	P
Stoop A frontage type consisting of a set of stairs with a landing that provides access to the entrance of a building.	N	P
Porch A frontage type consisting of a raised platform with a roof supported by columns, piers, or posts; an area for seating; and an optional set of stairs with a landing that provides access to the entrance of a building.	N	P

(13)

Roof Features.

(a)

(b)

(c)

[1]

The flat roof area of the structure shall be designed to incorporate a significant beneficial feature such as a roof deck or patio, rooftop garden, or green roof.

[2]

The building design, including the flat roof, is architecturally compatible and harmonious with the general character of the neighborhood.

(14)

Mechanical Equipment.

(a)

Roof-mounted mechanical equipment must be screened and setback at least 10 feet from any building wall. See "Screening" in § 164-2.1.

(b)

Roof-mounted mechanical equipment shall be no greater than 8 feet tall when measured from the floor of the roof.

(c)

Wall-mounted alarm devices, cable boxes, and utility meters shall not be mounted on a facade facing a right-of-way.

(d)

(e)

All free-standing mechanical and/or electrical equipment are prohibited between any front lot line and front elevation.

Site Standards.

(1)

Required Accessory Parking Spaces.

(a)

Multi-family residential development shall provide off-street parking in accordance with § 164-8.1, a minimum of one space per residential dwelling unit.

(b)

Non-residential development shall provide a minimum of one off-street parking space per 500 square feet of non-residential area.

(c)

Pedestrian access to off-street motor vehicle parking must be via an accessible sidewalk or walkway.

(2)

Parking Placement.

(a)

All parking spaces and structures must be located at or behind any required parking setback as specified for each zone.

(b)

Driveways are prohibited between the facade of a building and the front lot line.

(3)

Parking Access.

(a)

Vehicular access to parking lots and structures along the primary front lot line is prohibited when vehicular access along another lot line is available.

(b)

Shared use of parking lots, by multiple uses and/or developments on multiple parcels, is encouraged where feasible.

(c)

(4)

Curb Cuts and Driveways.

(a)

Curb cuts are prohibited along the primary front lot line when vehicular access along another lot line is available.

(b)

The maximum width of a curb cut and driveway for access to parking lots and structures is as follows:

[1]

One-lane: 12 feet.

[2]

Two-lane: 24 feet.

(c)

Each lot is limited to one curb cut per street frontage. Lots with more than 200 feet of frontage are allowed one additional curb cut every 200 feet.

(d)

A driveway apron may be installed only within the furnishing zone of a sidewalk.

(e)

(5)

Surface parking lot design.

(a)

[1]

The landscape strip must run the full length of the parking lot perimeter along the right-of-way, excluding curb cuts and driveways.

[2]

The landscape strip must be planted with native shrubs, perennials, grasses, and other planting types that provide screening from the public right-of-way.

[3]

[4]

[5]

The use of Low-Impact-Development (LID) stormwater management techniques such as rain gardens and bioswales is encouraged in landscape strips.

(b)

For parking lots with more than 25 spaces, internal parking lot landscaping shall comply with § 164-8.1.

(c)

Parking lots abutting properties in any Residential Districts along any side or rear lot line must be screened as defined under "Screening" in § 164-2.1.

(d)

(6)

Required bicycle parking spaces.

(a)

Bicycle parking must be provided at no cost or fee to customers, visitors, employees, tenants, and residents.

(b)

Bicycle parking may be provided through any combination of racks and lockers.

(c)

Bicycle parking stalls must be accessible without moving another bicycle or lifting or carrying a bicycle over any steps or stairs.

(7)

(a)

Access to loading docks or service areas along the primary front lot line is prohibited, except when the loading docks and service areas are internal to the building or fully behind the building.

(b)

(c)

Interior loading must be screened from view by solid, non-transparent doors which must remain closed when the loading dock is not in use.

(8)

Service Areas.

(a)

Trash collection, trash compaction, recycling collection and other similar service areas must be fully enclosed within a building or located to the side or rear of the buildings.

(b)

Outdoor service areas are not permitted along any primary front lot line.

(c)

(9)

Landscape and Stormwater Management.

(a)

(b)

Where vegetative solutions are not feasible, permeable pavers, porous concrete, or porous asphalt should be used for sidewalks, parking lots, entry plazas, and dining patios to infiltrate stormwater.

(c)

Site landscaping should prioritize the use of native plant species and xeriscape.

Tenure of Rental Units. Dwelling units that are rented shall be rented for periods of not less than 30 days.

Orleans City Zoning Code

ARTICLE III

Establishment of Districts

§ 164-3.1 Districts Enumerated.

To accomplish the purposes of this chapter, the town is divided into districts which will best preserve their general character as follows:

Residential Districts

Residence District R

Business Districts

Rural Business District RB

Marine Business District MB

Limited Business District LB

General Business District GB

Village Center District VC

Industrial District I

Other Districts

Conservancy District CD

Overlay Districts

Seashore Conservancy District SC

Groundwater Protection Districts

Shoreline District S

Floodplain District F

Residential Affordable Housing District RAH

Downtown Housing Overlay District (DHOD)

Village-Scale Corridor Subzone (VCS)

Commercial Center Subzone (CCS)

§ 164-3.2 Location of Districts; Zoning Map.

§ 164-3.3 Boundaries of Districts.

§ 164-3.4 Lots in Two Districts.

§ 164-3.5 Lots Located Partly in Another Municipality.

Lots located in part in another municipality shall be regulated as to the portion located in Orleans as if entirely within Orleans.

§ 164-3.6 Residence R.

Lot and Building Standards.

Minimum Lot Size (square feet)	Minimum Frontage (feet)	Minimum Yard Dimensions (feet)			Maximum Building Height (feet)	Maximum Building Coverage	Maximum Lot Shape Number
Minimum Lot Size (square feet)	Minimum Frontage (feet)	Front	Side	Rear	Maximum Building Height (feet)	Maximum Building Coverage	Maximum Lot Shape Number
40,000	150	25	25	25	30	15%

(1)

To meet the minimum area requirements in the R District, a lot must be a closed plot of land having a definite area and perimeter and having a shape factor not exceeding 22.

(2)

(3)

See § 164-5.3G Modifications for frontage requirements for lots on a dead-end turnaround.

§ 164-3.7 Rural Business District RB.

Lot and Building Standards.

Minimum Lot Size (square feet)	Minimum Frontage (feet)	Minimum Yard Dimensions (feet)			Maximum Building Height (feet)	Maximum Building Coverage	Maximum Lot Coverage
Minimum Lot Size (square feet)	Minimum Frontage (feet)	Front	Side	Rear	Maximum Building Height (feet)	Maximum Building Coverage	Maximum Lot Coverage
—	100	25	25	25	30	15%	75%

(1)

(2)

See § 164-5.3G Modifications for frontage requirements for lots on a dead-end turnaround.

Site Standards.

(1)

Landscape Standards.

(1)

§ 164-3.8 Marine Business District MB.

Lot and building standards.

Minimum Lot Size (square feet)	Minimum Frontage (feet)	Minimum Yard Dimensions (feet)			Maximum Building Height (feet)	Maximum Building Coverage	Maximum Lot Coverage	Maximum Floor Area Ratio
Minimum Lot Size (square feet)	Minimum Frontage (feet)	Front	Side	Rear	Maximum Building Height (feet)	Maximum Building Coverage	Maximum Lot Coverage	Maximum Floor Area Ratio
—	100	25	25	25	30	15%	75%	40%

(1)

Site Standards.

(1)

Landscape Standards.

(1)

§ 164-3.9 Limited Business District LB.

Lot and Building Standards.

Minimum Lot Size (square feet)	Minimum Frontage (feet)	Minimum Yard Dimensions (feet)			Maximum Building Height (feet)	Maximum Building Coverage	Maximum Lot Coverage	Maximum Floor Area Ratio
Minimum Lot Size (square feet)	Minimum Frontage (feet)	Front	Side	Rear	Maximum Building Height (feet)	Maximum Building Coverage	Maximum Lot Coverage	Maximum Floor Area Ratio
—	—	25	10	10	30	—	75%	40%

Site Standards.

(1)

Landscape Standards.

(1)

§ 164-3.10 General Business District GB.

Lot and Building Standards.

Minimum Lot Size (square feet)	Minimum Frontage (feet)	Minimum Yard Dimensions (feet)			Maximum Building Height (feet)	Maximum Building Coverage	Maximum Lot Coverage	Maximum Floor Area Ratio
Minimum Lot Size (square feet)	Minimum Frontage (feet)	Front	Side	Rear	Maximum Building Height (feet)	Maximum Building Coverage	Maximum Lot Coverage	Maximum Floor Area Ratio
—	—	25	10	10	30	—	75%	40%

Site Standards.

(1)

Landscape Standards.

(1)

§ 164-3.11 Village Center District VC.

Lot Standards.

Minimum Lot Size (square feet)	Minimum Frontage (feet)	Minimum Yard Dimensions (feet)			Maximum Building Height (feet)	Maximum Building Coverage	Maximum Lot Coverage	Maximum Floor Area Ratio
Minimum Lot Size (square feet)	Minimum Frontage (feet)	Front	Side	Rear	Maximum Building Height (feet)	Maximum Building Coverage	Maximum Lot Coverage	Maximum Floor Area Ratio
—	—	see below		10	30	—	—	100%

(1)

(2)

Building Standards.

(1)

Use Provisions.

(1)

Auto/pedestrian conflict. No use shall have a drive-in, drive-through, fuel pumps, or other facility servicing autos.

(2)

Fast food restaurants. Fast Food Restaurants are prohibited in the Village Center District.

(3)

(a)

(b)

(c)

Finished space on the third floor of the structure shall be used for residential purposes and in no case shall it be used for commercial purposes other than storage of goods.

(d)

Gabled and eyebrow dormers are permitted but the face of the dormer shall be set back at least 2 feet from the eave.

(e)

A site plan shall be submitted and reviewed as provided in § 164-10.1.

(f)

Architectural Review Committee approval is required, as provided in § 164-10.2.

(g)

Site Standards.

(1)

Side yards shall contain no parking spaces.

(2)

§ 164-3.12 Industrial District I.

Lot and Building Standards.

Minimum Lot Size (square feet)	Minimum Frontage (feet)	Minimum Yard Dimensions (feet)			Maximum Building Height (feet)	Maximum Building Coverage	Maximum Lot Coverage	Maximum Floor Area Ratio
Minimum Lot Size (square feet)	Minimum Frontage (feet)	Front	Side	Rear	Maximum Building Height (feet)	Maximum Building Coverage	Maximum Lot Coverage	Maximum Floor Area Ratio
30,000	100	25	10	10	30	—	75%	—

(1)

The side and rear setback in the Industrial District shall be 50 feet from:

(a)

Any wetland as defined in the Massachusetts Wetlands Protection Act, MGL c. 131, § 40 and the Regulations issued thereunder, 310 CMR 10; and

From Groundwater Protection District 1, land shown on Assessor's Map 54 as Parcel 1.

Site Standards.

(1)

Landscape Standards.

(1)

§ 164-3.13 Seashore Conservancy District SC.

Permitted uses. No premises or buildings in this district may be used except for the purposes herein stated:

(1)

Conservation of land, water, wildlife, vegetation and other natural features and values.

(2)

(3)

Recreation related and indigenous to conservation and the natural resources of the seashore such as hunting, fishing, swimming and boating.

(4)

Traditional fishing activities.

(5)

*NOTE: "Existing" means in accordance with the requirement for construction of improved property contained in the Act of August 7, 1961 (75 Stat. 285, 290) (September 1, 1959).

(6)

Public utilities.

(7)

Municipal, religious, and educational uses.

(8)

[1]

Editor's Note: See Ch. 192, Subdivision Rules and Regulations.

(9)

Agricultural, horticultural, floricultural and aquacultural uses.

Prohibited uses. Except as provided above, there shall be in the Seashore Conservancy District:

(1)

No burning of cover unless permitted and supervised by the Fire Chief in accordance with MGL c. 48, §§ 41 and 42.

(2)

No filling of land, no dumping and no removal of soil, loam, sand or gravel, except for the maintenance and protection of existing* dwellings.

*NOTE: "Existing" means in accordance with the requirement for construction of improved property contained in the Act of August 7, 1961 (75 Stat. 285, 290) (September 1, 1959).

(3)

No cutting timber except:

•	By an owner for the purpose of reasonably controlling bush or trees.
•	Maintenance cutting in pastures.
•	Cutting for clearance or maintenance on a right-of-way.
•	No buildings or structures.
•	No commercial or industrial ventures or activities or signs.

(4)

No drainage, damming or relocation of any watercourse except by a publicly authorized agency for the purpose of pest control.

•	No continuous storage of materials or equipment.
•	No other uses unless specifically permitted as enumerated above.

§ 164-3.14 Conservancy Districts CD.

Permitted uses. Except as provided in § 164-6.1, buildings, structures and premises in Conservancy Districts may be used only for the following purposes:

(1)

Fishing and shellfishing, including the raising and cultivation of fish and shellfish.

(2)

The growing and/or harvesting of such crops as cranberries, marsh hay, seaweed, berries and shrub fruits and seeds.

(3)

Revetments and other types of erosion control structures.

(4)

Conservation of water, plants and wildlife.

(5)

Publicly regulated utilities.

(6)

Recreation, including swimming, boating, nature study, fishing and hunting, unless otherwise prohibited by other ordinance, law or bylaw.

(7)

Nonresidential buildings or structures to be used only in conjunction with fishing, shellfishing, the growing, harvesting and storage of crops raised on the premises and boathouses.

Dams, changes in watercourses or other drainage works, only as part of an overall drainage plan constructed or authorized by a public agency.

Educational and religious uses.

Fabricated walks or trails, docks, piers and landings for private use or municipal uses.

Construction. Permanent docks, piers or landings shall not be permitted unless a specific navigational need can be demonstrated.

Size.

No dock, pier, landing, stairs or ramp shall exceed 4 feet in width, measured outside the support structure (piling, posts or railing).

The total area of any and all floats associated with a dock, pier or landing shall not exceed 300 square feet, and there shall be no floats above mean low water (MLW).

Depth of water. At mean low water (MLW), there shall be, without benefit of dredging, sufficient navigable water for the proposed vessel at the end of the dock, pier or landing and/or float system.

Access. At all normal levels of the tide along the shore, pedestrian passage shall be provided.

Prohibited uses. Except as provided above, there shall be in the Conservancy Districts:

(1)

No landfill or dumping and no removal of soil, loam, sand or gravel.

(2)

No drainage other than flood control or mosquito control works by an authorized agency.

Boundaries and definitions. Conservancy Districts are all land or lands and areas in the Town of Orleans, but excluding land or areas within the boundaries of the National Seashore:

(1)

(2)

§ 164-3.15 Groundwater Protection Districts.

Purpose.

In order to help provide an adequate future supply of high-quality Town drinking water, the following zoning bylaw provisions are enacted to:

•	establish three Orleans Groundwater Protection Districts; and
•	define lot requirements and regulate land uses within such Districts. Use restrictions for each District vary as a function of the area's sensitivity with regard to protecting public water supply.

•	District 1 consists of Town Watershed Properties as delineated on the above-referenced map entitled "Zoning and Proposed Groundwater Protection Districts Map," dated December 21, 2011. District 1 includes those properties shown as parcels 54-1, 68-5, 68-7, 75-119, 81-5, 81-9, 81-10, and 87-5 on the Town of Orleans Assessor's maps as of December 31, 2010.
•	District 2 consists of all land located in the Zones of Contribution for Town public water supply wells as determined by the Cape Cod Commission in accordance with Massachusetts Department of Environmental Protection regulations, except those portions of the Zones located within District 1, as delineated on the above-referenced map entitled "Zoning and Proposed Groundwater Protection Districts Map" dated December 21, 2011.
•	District 3 consists of all the areas of the Town except those within Districts 1 and 2 as delineated on the above-referenced map entitled "Zoning and Proposed Groundwater Protection Districts Map" dated December 21, 2011.

District Regulations.

(1)

(a)

(2)

District 2.

(a)

[1]	At least 30% of a lot area shall be retained in its natural state except for minor removal of existing trees and ground vegetation.
No more than 15% of a lot area may be rendered impervious unless a system is provided for the artificial recharge of precipitation and such system will not result in the harmful degradation of groundwater quality. Regardless of such artificial recharge, at least 60% of a lot area must be pervious to water.
All precipitation runoff generated on a lot shall be recharged within such lot in a manner which assures that no harmful degradation of groundwater quality will occur.
Fill material used in construction shall contain no solid waste, toxic or hazardous materials, or hazardous waste. Prior to the use of any fill, adequate documentation shall be provided to the Building Commissioner that establishes the acceptable chemical and biological quality of the fill.
Land Uses.
[1]	Allowed: All uses permitted in the underlying zoning districts except those specifically listed as prohibited.
	Prohibited:
	Landfills, open dumps, and junkyard.
	Municipal and private wastewater treatment plants. Land application or storage of sludge or septage. Automobile graveyards, used car lots and auto salvage.
	Sales, storage or transportation of liquid petroleum products of any kind, except those incidental to (i) normal household use, (ii) the heating of a structure, (iii) required waste oil retention facilities or (iv) emergency generators required by statute, rule or regulation, provided that such storage is either in a free standing container within a building or in a free standing container above ground level with protection adequate to contain a spill the size of the container's total storage capacity.
	Storage of pesticides, herbicides, fertilizers and soil conditioners except for normal household use or for use in agriculture, horticulture, floriculture or viticulture on parcels of land of more than 5 acres, provided storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate.
	The use, generation, storage, treatment or disposal of toxic or hazardous materials or wastes in quantities greater than those associated with normal household use.
	Storage of sodium chloride, calcium chloride, chemically treated abrasive or other chemicals for the purpose of snow or ice removal from roads, or the stockpiling and disposal of snow or ice containing these substances.
	Car washes, commercial laundries, dry cleaning facilities and metal plating establishments.
	Boat or motor vehicle service or repair establishments.
	Sewage disposal systems with a wastewater flow (as determined by Title V of the State Environmental Code) exceeding 110 gallons per day per 10,000 square feet of lot area, or exceeding 15,000 gallons per day regardless of lot size.
	Chemical and biological laboratories.
	Any use which involves on-site disposal of process wastes from operations other than personal hygiene and food for residents, patrons and employees.
	Animal feedlots or the stockpiling of animal manures, except in a structure with an impermeable cover and liner designed to prevent the generation and escape of contaminated runoff or leachate.
	Except for excavations for the construction of building foundations or the installation of utility works, the removal of soil, loam, sand, gravel or any mineral substances within 4 feet of the historical high groundwater level, as determined by the Board of Health, unless the substances removed are within 45 days redeposited on site to achieve a final grading greater than 4 feet above the historical high groundwater level.
	Commercial or recreational uses that require the wholesale removal of natural vegetation or the application of fertilizers, herbicides or other chemicals in excess of normal household use.

(3)

District 3.

(a)

No lot requirements in addition to those existing for the underlying zoning districts are applied to District 3.

All land uses permitted in the underlying zoning districts are permitted in District 3.

Special Permits.

(1)

(a)

The impact on the quality of groundwater.

The impact on the recharge volume of groundwater.

The reliability and feasibility of any control measures proposed.

The impact on groundwater quality and recharge volume if the proposed control measures fail.

(2)

(3)

Submittals. In applying for a Special Permit under this section, the following information shall be submitted:

(a)

Complete description of the proposed Special Permit use or requested reduction in lot requirements.

Where applicable, one or more of the following:

[1]

For storage of toxic or hazardous materials, evidence of qualified professional supervision of system design and installation and a plan for leak monitoring and containment during system use.

Description of toxic or hazardous wastes to be generated, indicating quantities and storage and disposal methods.

Analysis by a professional sanitary or civil engineer registered in the Commonwealth of Massachusetts certifying compliance with the applicable portions of § 164-3.15.

Schedule of Use Regulations - Groundwater Protection Overlay Districts.

Schedule of Use Regulations - Groundwater Protection Overlay Districts
(Consult text of § 164-3.15C for details)
Land Use			District
Land Use			#1	#2	#3
1.	Landfills, open dumps & junkyards		O	O	P
2.	Wastewater treatment
	a.	Muni plant + on-site disposal of secondary-treated effluent	O	O	P
	b.	All other wastewater treatment plants	O	O	P
3.	Land application or storage of sludge or septage		O	O	P
4.	Automobile graveyards, used car lots & auto salvage		O	O	P
5.	Petroleum/gasoline sales/storage/transport		O*	O	P
6.	Non-household storage of pesticides/herbicides/fertilizers/etc.
	a.	Minor activity	O	O	P
	b.	Principal activity	O	O	P
7.	Non-household use/generation/storage/disposal of hazardous materials
	a.	Minor activity	O*	O	P
	b.	Principal activity	O*	O	P
8.	Road salt storage		O	O	P
9.	Car washes, laundries, dry cleaning & metal plating facilities		O	O	P
10.	Boat/motor vehicle service/repair		O	O	P
11.	Sewage flow greater than 110 gpd per 10,000 sq. ft
	a.	Single-family home	O	O	P
	b.	All other structures	O	O	P
12.	Chemical and biological laboratories		O	O	P
13.	Process waste disposal		O	O	P
14.	Animal feedlots/manure stockpiling		O	O	P
15.	Surface soil removal		O	O	P
16.	Certain commercial/recreational uses		O	O	P
17.	Commercial and Non-Commercial Wind Energy Facilities		A**	A	A
18.	All other uses		O*	P	P

NOTES:
P = Allowed use, subject to any applicable restrictions for underlying zoning districts
A = Special Permit use, subject to any applicable restrictions for the underlying zoning districts
O = Prohibited use
* = Except for uses directly or indirectly related to the protection or production of Town drinking water.
** = Special Permit Use, subject to any applicable restrictions for the underlying zoning district and subject to the provisions of § 164-35-7.15 and to the provisions of § 164-3.15C.(1).

§ 164-3.16 Shoreline District S.

Use regulations. Uses shall be authorized only if they are allowed in the underlying district and they also meet the following:

(1)

To be allowed without necessity of a Special Permit, a use must meet all of the following:

(a)

Provide opportunity for pedestrian access to the water side of any buildings. Cover less than 10% of the lot area with buildings.

Place no building, parking area or disposal facility within 100 feet of mean high water unless functionally dependent upon the closer proximity.

(2)

All other uses require a Special Permit from the Zoning Board of Appeals. Such permit shall be granted only if the Zoning Board of Appeals makes the following determinations:

(a)

The proposal takes good advantage of the unique qualities of that location, including proximity to a water body.

Pedestrian access to the water and water visibility are reasonably provided for, unless precluded by safety or similar concerns arising from the nature of the use.

Shoreline ecology is carefully protected through location of proposed alterations and any compensatory or mitigating measures proposed.

Design regulations.

(1)

(2)

§ 164-3.17 Floodplain District F.

Purpose. The purposes of the Floodplain District are to:

•	Ensure public safety through reducing the threats to life and personal injury;
•	Eliminate new hazards to emergency response officials;
•	Prevent the occurrence of public emergencies resulting from water quality contamination, and pollution due to flooding;
•	Avoid the loss of utility services which if damaged by flooding would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding;
•	Eliminate costs associated with the response and cleanup of flooding conditions;
•	Reduce damage to public and private property resulting from flooding waters.

The FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk, Planning Department, Conservation Commission and the Building Department.

Floodplain District Definitions.

The terms below only apply to the Floodplain District:

DEVELOPMENT

FLOODWAY

FUNCTIONALLY DEPENDENT USE

HIGHEST ADJACENT GRADE

The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. [44 CFR Part 59]. HISTORIC

NEW CONSTRUCTION

RECREATIONAL VEHICLE

A vehicle which is:

•	Built on a single chassis;
•	400 square feet or less when measured at the largest horizontal projection;
•	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. [44 CFR Part 59]

REGULATORY FLOODWAY

See "floodway."

SPECIAL FLOOD HAZARD AREA

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]

START OF CONSTRUCTION

STRUCTURE

Any structure that is:

(1)

(2)

(3)

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

(4)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(a)

By an approved state program as determined by the Secretary of the Interior; or Directly by the Secretary of the Interior in states without approved programs. [44 CFR Part 59]

STRUCTURE

For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. [44 CFR Part 59]

SUBSTANTIAL REPAIR OF A FOUNDATION

VARIANCE

A grant of relief by a community from the terms of a floodplain management regulation. [44 CFR Part 59]

VIOLATION

Base Flood Elevation Data.

(1)

Base flood elevation data are required for subdivision or other developments greater than 50 lots or 5 acres, whichever is the lesser, within unnumbered A zones.

(2)

(3)

Notification of watercourse alteration. The Town shall notify the following of any alteration or relocation of a watercourse:

•	Adjacent communities
•	NFIP State Coordinator
Massachusetts Department of Conservation and Recreation 251 Causeway Street, Suite 600-700 Boston, MA 02114-2104
•	NFIP Program Specialist 99 High Street, 6th Floor Boston, MA 02110

•	FEMA Region I Risk Analysis Branch Chief 99 High St., 6th floor, Boston, MA 02110
And copy of notification to:
•	Massachusetts NFIP State Coordinator
•	MA Dept. of Conservation & Recreation, 251 Causeway Street, Boston, MA 02114

Variances to local Zoning Bylaws related to community compliance with the National Flood Insurance Program (NFIP).

(1)

(2)

Variances to building code requirements.

(a)

(3)

Such notification shall be maintained with the record of all variance actions for the referenced development in the floodplain overlay district.

•	Section of the Massachusetts State Building Code which addresses floodplain and coastal high hazard areas (currently 780 CMR);
•	Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00);
•	Inland Wetlands Restrictions, DEP (currently 310 CMR 13.00);
•	Coastal Wetlands Restriction, DEP (currently 310 CMR 12.00);
•	Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5);

Any variances from the provisions and requirements of the above referenced state regulations may only be granted in accordance with the required variance procedures of these state regulations.

Other use regulations.

(1)

Man-made alteration of sand dunes within Zone VE which would increase potential flood damage is prohibited.

(2)

Zone VE.

(1)

(2)

All new construction within the VE Zones shall be located landward of the reach of mean high tide.

(3)

The use of fill for structural support of buildings within the V Zone is prohibited.

Disclaimer of liability. The degree of flood protection required by this bylaw [ordinance] is considered reasonable but does not imply total flood protection.

Designation of community floodplain administrator. The Town of Orleans hereby designates the position of Building Commissioner to be the official floodplain administrator for the Town.

§ 164-3.18 Residential Affordable Housing District RAH.

The Residential Affordable Housing District is hereby established as an overlay district. The District shall be located as shown on a map on file with the Town Clerk dated April 1, 1998.

Permitted Uses. The following uses are permitted in the RAH District:

(1)

(2)

Any other use currently allowed in the underlying district subject to the applicable lot, yard and bulk requirements.

Schedule of lot, yard and bulk Requirements for Affordable Housing.

The following shall be the lot, yard and bulk requirements for Affordable Housing in the RAH District.¹

RAH District	Minimum Lot Size (square feet)¹	Minimum Frontage (feet)	Minimum Yard Dimensions (feet)			Maximum Building Height (feet)
RAH District	Minimum Lot Size (square feet)¹	Minimum Frontage (feet)	Front	Side	Rear	Maximum Building Height (feet)
	17,000^2,3	70⁴	20	20	20	30

NOTES:
¹	Unless specifically provided for in the RAH District, all applicable lot, yard, and bulk requirements provided for in this bylaw for the underlying Residential District shall apply.
²	The maximum number of lots created in the RAH District shall not exceed 12.
³	Lot area may be reduced to 10,000 square feet upon the approval by the Planning Board of an Open Space Residential Development under § 164-7.14. Provided however, the total number of lots in any such Open Space Residential Development shall not exceed 12.
⁴	Lots may be created having a frontage of 30 feet of arc frontage on a dead-end turnaround.

§ 164-3.19 Downtown Housing Overlay District.

[Added 11-17-2025 STM by Art. 2]

The purpose of this overlay district is to:

(1)

Encourage the production of affordable and attainable housing options for year-round residents.

(2)

(3)

Encourage mixed-use and multi-family investment that will reinforce the village's character and pedestrian orientation.

(4)

Encourage multi-family development in areas served by municipal sewer to ensure new wastewater flows will not compromise the Town's water quality.

(5)

(6)

Support existing and future Orleans businesses by increasing the year-round customer base.

Establishment of Overlay District.

(1)

(a)

Village-Scale Corridor Subdistrict (VCS).

(b)

Commercial Center Subdistrict (CCS).

(2)

(3)

Unless otherwise regulated within this section, all use, dimension, and all other provisions of the Zoning Bylaw shall remain in full force and effect.

(4)

(5)

Application; Uses Permitted.

(1)

Mixed-use and multi-family developments that comply with the provisions of this section shall be allowed as of right in the DHOD, subject to Site Plan Review and Architectural Review approvals.

(2)

Lot and Building Standards.

(1)

VILLAGE-SCALE CORRIDOR SUBDISTRICT
Maximum Building Footprint
Primary Building	4,000 square feet
Secondary Buildings	2,000 square feet
Maximum Building Height
Stories	2.5
Pitched Roof Peak	44 feet
Ground Story Height in Feet
Active Ground Floor Use Required Streets	14 feet minimum
All Other Streets	11 feet minimum
Roof Form
Pitched Roof Half-Story Height	18 feet maximum
Facade Articulation
Facing Front Lot Line	35 feet maximum continuous facade
All Other Facades	60 feet maximum continuous facade
Ground Story Fenestration
Active Ground Floor Use Required Streets	70% minimum
All Other Streets, Non-Residential Uses	50% minimum
All Other Streets, Residential Uses	15% minimum
Ground Story Active Use
Active Ground Floor Use Required Streets	60% minimum, or 35' Facade Length (whichever is greater)
Active Use Depth	20 feet minimum
Yard Dimensions
Front	8 feet minimum, 15 feet maximum
Side	10 feet minimum
Side, If Abutting a Party Wall	0 foot minimum
Rear	20 feet minimum
Facade Buildout
Primary Front Lot Line	60%
Secondary Front Lot Line (Corner Lot)	50%
Minimum Separation Between Buildings on a Lot
20 feet if either building is 2.5 stories or more; 15 feet if either building is 1.5 stories or more but less than 2.5 stories 10 feet if either building is one story or more but less than 1.5 stories
Minimum Open Space
Minimum Open Space: 15%
Minimum Beneficial Open Space: 5% for lots greater than 30,000 square feet
Parking Setbacks
Facing a Right-of-Way	15 feet
Not Facing a Right-of-Way	5 feet

COMMERCIAL CENTER SUBDISTRICT
Maximum Building Footprint
8,000 square feet
Maximum Building Height in Stories
Stories	3.5
Pitched Roof Peak	54 feet
Roof Form
Pitched Roof Half-Story Height	18 feet maximum
Facade Articulation
Facing Front Lot Line	60 feet maximum continuous facade
All Other Facades	60 feet maximum continuous facade
Ground Story Fenestration
Non-Residential Uses	50% minimum
Residential Uses	15% minimum
Minimum Yard Dimensions
Front	15 feet minimum
Side	15 feet minimum
Rear	20 feet minimum
Facade Buildout
Primary Front Lot Line	60%
Secondary Front Lot Line (Corner Lot)	50%
Minimum Separation Between Buildings on a Lot
20 feet if either building is 2.5 stories or more; 15 feet if either building is 1.5 stories or more but less than 2.5 stories 10 feet if either building is one story or more but less than 1.5 stories
Minimum Open Space
Minimum Open Space: 15%
Minimum beneficial open space: 5% for lots greater than 30,000 square feet
Parking Setbacks
Facing a Right-of-Way	15 feet
Not Facing a Right-of-Way	5 feet

Year-Round, Affordable, and Attainable Housing Requirements and Bonuses.

(1)

(2)

Any development in the Downtown Housing Overlay District shall deed-restrict 50% of the dwelling units for year-round occupancy.

(3)

Subdistrict	Inclusionary Zoning Units	Building Height Maximum (stories)	Building Footprint Maximum
VCS	10% @ 80% AMI 40% @ 200% AMI	3.5	Per Subsection D(1)
CCS	10% @ 80% AMI 40% @ 200% AMI	3.5	15,000 square feet

(a)

Any development, regardless of number of dwelling units, developed under this Subsection E(3) shall meet the affordable, attainable, and year-round housing requirements.

(b)

For developments of 3.5 stories in the VCS, the maximum pitched roof peak shall be 54 feet.

Lot Standards.

(1)

Setbacks.

(a)

Buildings must meet the minimum setback requirements specified in the Lot and Building standard for each subdistrict.

(2)

Building Placement.

(a)

The width of the front elevation must be built out to a percentage of the lot width as specified by the facade build out ratio in the Lot and Building standard for each subdistrict. (Figure 1)

(b)

The facade buildout ratio may be met cumulatively by multiple buildings on a lot.

(c)

Outdoor space between the front lot line and front elevation is considered part of the building for the purposes of calculating the facade build out ratio.

Figure 1. Building Placement

(3)

Number of Buildings.

(a)

Multiple buildings are permitted on each lot, subject to the minimum Open Space percent for all lots.

(4)

Building Separation.

(a)

Multiple buildings on a single lot must comply with the building separation distance at all points specified in the Lot and Building standard listed for each subdistrict.

(5)

Open Space and Beneficial Open Space.

(a)

Lots must provide the minimum open space specified in the Site Dimensional Standards for each subdistrict.

(b)

Development on lots 30,000 square feet and greater must provide Beneficial Open Space specified in the Site Dimensional Standards for the applicable subdistrict and meet the following standards:

[1]

At least 400 square feet and at least 20 feet in width and 20 feet in length;

[2]

Not on rooftops or other elevated portions of buildings;

[3]

Designed to accommodate public congregation and use, including any necessary amenities or infrastructure. Examples include: parks, plazas, playgrounds, community gardens, etc.; and

[4]

It is encouraged to locate civic spaces such that they can be connected and shared with public uses on adjacent lots.

Building Standards.

(1)

Building Footprint.

(a)

Buildings must comply with the maximum building footprint as specified in the Lot and Building standards for each subdistrict.

(b)

Building footprint includes all enclosed spaces whether for habitation or storage. Any parking area that is covered by a roof is included in the Building Footprint.

(c)

The following features do not count toward the building footprint.

[1]

Building components (refer to § 164-3.19G(8)).

(2)

Building Height.

(a)

Buildings may not exceed the maximum building height specified in the Lot and Building standards for each subdistrict. (Figure 2)

(b)

[1]

Cornices which do not extend more than 5 feet above the roof line;

[2]

Chimneys, walls, vents, ventilators and enclosures for machinery of elevators which do not exceed 15 feet in height above the roof line;

[3]

Solar panels which do not extend more than one foot above the ridgeline or in the case of a flat roof, no more than 4 feet above the parapet, and

[4]

Towers, spires, domes and ornamental features.

(3)

Story Height.

(a)

The ground story of a building must comply with the minimum story height requirements specified for each subdistrict.

(b)

The height of the ground story is measured vertically from the surface of the finished floor to the surface of the finished floor above, at all points.

(c)

The height of a pitched roof half-story is measured vertically from the surface of the finished floor to the top of the highest roof beam above.

(4)

Number of Stories.

(a)

Buildings must comply with the maximum number of stories specified for each subdistrict.

(5)

Pitched Roof Half-Story.

(a)

Space located directly under a pitched roof is counted as a half-story (Figure 3), provided the following standards are all met:

[1]

At least 2 opposite roof planes are pitched toward each other.

[2]

A pitched roof may be composed of roof planes with different slopes.

[3]

The slope of any pitch must be no greater than 14:12 (49.4 degrees); otherwise, this story is counted as a full story.

[4]

(6)

Dormers.

(a)

(b)

A roof line overhang shall be continued a minimum of one foot between the dormer and the next story below to avoid the appearance of an uninterrupted wall plane.

(c)

No dormer may project above the main roof ridgeline.

(7)

Active Ground Floor Use.

(a)

(8)

Building Components.

(a)

Building components are structural and architectural elements that extend outward from a building facade, including awnings, bays, balconies, and porches.

(b)

Building components which fully comply with the dimensional standards below are not considered part of the building footprint.

(c)

Building components may project into the front and side setbacks and/or right-of-way provided they conform to the following dimensional standards.

(d)

Building components that are not identified below are prohibited.

[1]

Bay.

[a]

Single Bay Width: 16 feet maximum.

Cumulative bay width: 50% of the width of the exterior wall from which the bays project.

[b]

Projection: 3 feet maximum.

[c]

Front Setback Encroachment: 3 feet maximum.

[d]

Side Setback Encroachment: 3 feet maximum.

[2]

Balcony.

[a]

Width: 5 feet minimum.

[b]

Depth: 4 feet minimum.

[c]

Front Setback Encroachment: 5 feet maximum.

[d]

Side Setback Encroachment: 5 feet maximum.

[3]

Awning.

[a]

Clearance above grade: 10 feet minimum.

[b]

Depth: three feet maximum.

[c]

Front Setback Encroachment: 3 feet maximum.

[d]

Side Setback Encroachment: 3 feet maximum.

[4]

Porch.

[a]

Width, front: 8 feet minimum.

Width, side: 4 feet minimum.

[b]

Depth, front: 8 feet maximum.

Depth, side: 4 feet maximum.

[c]

Front Setback Encroachment: 6 feet maximum.

[d]

Side Setback Encroachment: 6 feet maximum.

(9)

Facade Articulation.

(a)

(b)

[1]

Balconies and Awnings may be located within the recess or adjacent to the offset.

[2]

[3]

The depth of eaves and roof overhangs within recesses and offsets must be equal to or less than adjacent roof edge conditions.

(10)

Fenestration.

(a)

(b)

Fenestration must be provided as indicated for each zone and is calculated as a percentage of the area of a facade.

(c)

Ground story fenestration is measured between 2 feet and 10 feet above the finished floor of the ground story (Figure 9).

(d)

For ground story fenestration, glazing must have a minimum 60% Visible Light Transmittance (VLT) and no more than 15% Visible Light Reflectance (VLR) as indicated by the manufacturer.

(11)

Building Entry.

(a)

(b)

(c)

(d)

(12)

Frontage Types.

(a)

(b)

Frontage types are permitted according to Table 1.

(c)

Frontage types not expressly permitted are prohibited.

(d)

Multiple frontage types are permitted for each building.

Table 1. Frontage Types
P = Permitted N = Not Permitted	Active Use	Residential Use
Entry Plaza A frontage type consisting of a storefront(s) and a highly paved frontage area, providing a widened sidewalk, building access, public seating, and optional bicycle parking.	P	P
Dining Patio A frontage type consisting of a storefront(s) and outdoor cafe seating in the frontage area, A depth of at least 6 feet is encouraged.	P	P
Front Garden A frontage type consisting of a storefront(s) and a highly landscaped and occupiable frontage area, providing additional street trees, vegetation, entry access, public seating, and optional bicycle parking.	P	P
Dooryard A frontage type consisting of low fences that delineate the boundaries of private front yards for individual ground story dwelling units.	N	P
Stoop A frontage type consisting of a set of stairs with a landing that provides access to the entrance of a building.	N	P
Porch A frontage type consisting of a raised platform with a roof supported by columns, piers, or posts; an area for seating; and an optional set of stairs with a landing that provides access to the entrance of a building.	N	P

(13)

Roof Features.

(a)

(b)

(c)

[1]

The flat roof area of the structure shall be designed to incorporate a significant beneficial feature such as a roof deck or patio, rooftop garden, or green roof.

[2]

The building design, including the flat roof, is architecturally compatible and harmonious with the general character of the neighborhood.

(14)

Mechanical Equipment.

(a)

Roof-mounted mechanical equipment must be screened and setback at least 10 feet from any building wall. See "Screening" in § 164-2.1.

(b)

Roof-mounted mechanical equipment shall be no greater than 8 feet tall when measured from the floor of the roof.

(c)

Wall-mounted alarm devices, cable boxes, and utility meters shall not be mounted on a facade facing a right-of-way.

(d)

(e)

All free-standing mechanical and/or electrical equipment are prohibited between any front lot line and front elevation.

Site Standards.

(1)

Required Accessory Parking Spaces.

(a)

Multi-family residential development shall provide off-street parking in accordance with § 164-8.1, a minimum of one space per residential dwelling unit.

(b)

Non-residential development shall provide a minimum of one off-street parking space per 500 square feet of non-residential area.

(c)

Pedestrian access to off-street motor vehicle parking must be via an accessible sidewalk or walkway.

(2)

Parking Placement.

(a)

All parking spaces and structures must be located at or behind any required parking setback as specified for each zone.

(b)

Driveways are prohibited between the facade of a building and the front lot line.

(3)

Parking Access.

(a)

Vehicular access to parking lots and structures along the primary front lot line is prohibited when vehicular access along another lot line is available.

(b)

Shared use of parking lots, by multiple uses and/or developments on multiple parcels, is encouraged where feasible.

(c)

(4)

Curb Cuts and Driveways.

(a)

Curb cuts are prohibited along the primary front lot line when vehicular access along another lot line is available.

(b)

The maximum width of a curb cut and driveway for access to parking lots and structures is as follows:

[1]

One-lane: 12 feet.

[2]

Two-lane: 24 feet.

(c)

Each lot is limited to one curb cut per street frontage. Lots with more than 200 feet of frontage are allowed one additional curb cut every 200 feet.

(d)

A driveway apron may be installed only within the furnishing zone of a sidewalk.

(e)

(5)

Surface parking lot design.

(a)

[1]

The landscape strip must run the full length of the parking lot perimeter along the right-of-way, excluding curb cuts and driveways.

[2]

The landscape strip must be planted with native shrubs, perennials, grasses, and other planting types that provide screening from the public right-of-way.

[3]

[4]

[5]

The use of Low-Impact-Development (LID) stormwater management techniques such as rain gardens and bioswales is encouraged in landscape strips.

(b)

For parking lots with more than 25 spaces, internal parking lot landscaping shall comply with § 164-8.1.

(c)

Parking lots abutting properties in any Residential Districts along any side or rear lot line must be screened as defined under "Screening" in § 164-2.1.

(d)

(6)

Required bicycle parking spaces.

(a)

Bicycle parking must be provided at no cost or fee to customers, visitors, employees, tenants, and residents.

(b)

Bicycle parking may be provided through any combination of racks and lockers.

(c)

Bicycle parking stalls must be accessible without moving another bicycle or lifting or carrying a bicycle over any steps or stairs.

(7)

(a)

Access to loading docks or service areas along the primary front lot line is prohibited, except when the loading docks and service areas are internal to the building or fully behind the building.

(b)

(c)

Interior loading must be screened from view by solid, non-transparent doors which must remain closed when the loading dock is not in use.

(8)

Service Areas.

(a)

Trash collection, trash compaction, recycling collection and other similar service areas must be fully enclosed within a building or located to the side or rear of the buildings.

(b)

Outdoor service areas are not permitted along any primary front lot line.

(c)

(9)

Landscape and Stormwater Management.

(a)

(b)

Where vegetative solutions are not feasible, permeable pavers, porous concrete, or porous asphalt should be used for sidewalks, parking lots, entry plazas, and dining patios to infiltrate stormwater.

(c)

Site landscaping should prioritize the use of native plant species and xeriscape.

Tenure of Rental Units. Dwelling units that are rented shall be rented for periods of not less than 30 days.