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Orleans City Zoning Code

ARTICLE IV

Use Regulations

§ 164-4.1 General Requirements; Uses Enumerated.

A. 
No building, structure or land shall be used for any purpose or in any manner other than as permitted as set forth in the Schedule of Use Regulations, § 164-4.2, and in accordance with the following notation:
(1) 
P: Use permitted.
(2) 
O: Use prohibited.
(3) 
A: Use allowed under Special Permit by the Zoning Board of Appeals as provided in § 164-11.4.
B. 
Permitted uses and uses allowed under Special Permit shall be in conformity with all dimensional requirements, off-street parking requirements and any other pertinent requirements of this chapter.
C. 
Where an activity might be classified under more than one of the following uses, the more-specific classification shall determine permissibility; if equally specific, the more-restrictive shall govern.

§ 164-4.2 Schedule of Use Regulations.

A. 
The following shall be the Schedule of Use Regulations.
AGRICULTURAL
R
RB
LB
GB
VC
I
CD6
SC
MB
Agricultural, horticultural, floricultural, aquaculture use, storage of fishing gear and uses customarily necessary thereto except piggeries on parcels of less than 5 acres.
P
P
P
P
P
P
P
P
P
Cultivation, propagation, storage and sorting buildings in connection with the operation of cranberry bogs
P
P
P
P
P
P
P
P
O
Roadside stand for display and sale of natural products, 100 square feet in area or larger
O
P
P
P
P
O
O
O
O
INSTITUTIONAL
R
RB
LB
GB
VC
I
CD6
SC
MB
Burial grounds operated by a non-profit organization established for the sole purpose of maintaining a cemetery8
P
O
O
O
O
O
O
O
O
Educational or municipal uses7
P
P
P
P
P
P
P
P
P
Hospitals, sanatoriums or convalescent homes
O
P
P
P
O
O
O
O
O
Private clubs, except a club operated for profit or the chief activity of which is a service customarily carried on as a business, not providing sleeping accommodations for its members or their guests
O
O
P
P
O
O
O
O
O
Religious use7
P
P
P
P
P
P
P
P
P
RESIDENTIAL
R
RB
LB
GB
VC
I
CD6
SC
MB
Apartments, 3 to 6 units, subject to the conditions of § 164-7.10B, C, E, and G
O
P
P
P
P
O
O
O
O
Apartments, 7 or more units, subject to the conditions of § 164-7.10
O
A
A
A
A
O
O
O
O
Boys' and girls' camps
O
O
O
O
O
O
A
O
O
Commercial structures with dwelling units, subject to § 164-7.11
O
P
P
P
P
P
O
O
P
Congregate housing (See § 164-7.13)
A
A
A
A
A
A
O
O
A
Detached 1- or 2-family dwelling
P
P1
P
P
P
O
O
O
P1
Lodging house
O
A
A
A
A
O
O
O
O
Open Space Residential Development
P
O
O
O
O
O
O
O
O
The renting or leasing of not more than 2 rooms, nor to more than 4 persons, by a family resident in a dwelling unit
P
P
P
P
P
O
O
O
P
COMMERCIAL
R
RB
LB
GB
VC
I
CD6
SC
MB
Amusement Park
O
O
O
O
O
O
O
O
O
Art gallery
O
P2
A
P4
P4
A2
O
O
O
Bakery
O
P2
A
P4
P4
A2
O
O
O
Bank
O
P2
A
P4
P4
A2
O
O
O
Barber
O
P2
A
P4
P4
A2
O
O
O
Beauty salon and beauty parlors
O
P2
A
P4
P4
A2
O
O
O
Bicycle repair and sales
O
P2
A
P4
P4
A2
O
O
O
Book store
O
P2
A
P4
P4
A2
O
O
O
Building, sale, rental, charter, storage and repair of boats
O
O
A
P4
P4
A2
O
O
P1
Cobbler
O
P2
A
P4
P4
A2
O
O
O
Contractor Yard
O
O
A
A
O
P4
O
O
O
Crafting and sale of handmade gifts
O
P2
A
P4
P4
A2
O
O
O
Dog Kennels or veterinary hospitals
O
O
O
O
O
P4
O
O
O
Drive-in, drive-through or similar pickup stations
O
O
A
A
O
O
O
O
O
Drug store
O
P2
A
P4
P4
A2
O
O
O
Fabric yarn and art store
O
P2
A
P4
P4
A2
O
O
O
Filling Station or garage
O
O
O
P4
O
P4
O
O
O
Florist shop
O
P2
A
P4
P4
A2
O
O
O
Fruit and vegetable stand
O
P2
A
P4
P4
A2
O
O
O
General store (food and conveniences)
O
P2
A
P4
P4
A2
O
O
O
Gift Shops, antique shops
O
P2
P4
P4
P4
O
O
O
O
Health club, fitness center
O
P2
P4
P4
P4
P4
O
O
O
Hotel, Motels and motor inns subject to the conditions of § 164-7.3
O
O
P4
P4
A
O
O
O
O
Liquor store
O
P2
A
P4
P4
A2
O
O
O
Marinas
A
P4
A
P4
O
P4
O
O
P4
Marijuana couriers
O
O
P
P
O
P
O
O
O
Marijuana cultivator, up to 5,000 s.f.10
O
O
A
A
O
A
O
O
O
Marijuana cultivator, more than 5,000 s.f.10
O
O
A
A
O
A
O
O
O
Craft marijuana cooperative
O
O
A
A
O
A
O
O
O
Marijuana product manufacturer
O
O
A
A
O
A
O
O
O
Marijuana retailer
O
O
A
A
O
A
O
O
O
Marijuana transporter
O
O
A
A
O
A
O
O
O
Marijuana research facility
O
O
A
A
A
A
O
O
O
Marijuana testing laboratory
O
O
A
A
A
A
O
O
O
Marijuana microbusiness
O
O
A
A
O
A
O
O
O
Medical Marijuana Facility
O
O
O
A
O
O
O
O
O
Miniature Golf Course
O
O
O
O
O
O
O
O
O
Mobile Food Establishment
O
P
P
P
P
O
O
O
P
Museum
O
P4
P4
P4
P4
P4
O
O
O
New and Used Motor Vehicle Sales
O
O
O
O
O
P4
O
O
O
Newspaper or job printing
O
O
O
P4
A
P4
O
O
O
Offices
O
P4
P4
P4
P4
P4
O
O
O
Photo store
O
P2
A
P4
P4
A2
O
O
O
Place of assembly
O
O
O
P4
A
P4
O
O
O
Places of Amusement other than amusement park or miniature golf course
O
O
O
A
A
A
O
O
O
Post office
O
P2
A
P4
P4
A2
O
O
O
Restaurant, fast food
O
O
O
O
O
O
O
O
O
Restaurant, formula-based
O
O
A
A
O
A
O
O
O
Restaurants with entertainment and sale or dispensation of alcoholic beverages
O
O
A
P4
P4
O
O
O
O
Restaurant without entertainment
O
P2
A
P4
P4
A2
O
O
O
Restaurants without alcoholic beverages
O
O
A
P4
P4
A2
O
O
P1
Retail Business
O
P2
A
P4
P4
A2
O
O
O
Retail sale of fishing bait, fish and shellfish
O
A2
A
P4
P4
A2
O
O
P1
Retail sale of marine fishing and boating supplies
O
A2
A
P4
P4
A2
O
O
P1
Sale of agricultural, landscaping supplies (as a primary use)
O
O
A
P4
O
P4
O
O
O
Service or public utility
O
O
A
P4
O
P4
O
O
O
The retail sale of agricultural, farming, gardening and landscaping needs and supplies, processing of trees, stumps and brush
O
O
A
P4
O
P4
O
O
O
TV repair
O
P2
A
P4
P4
A2
O
O
O
WHOLESALE AND STORAGE
R
RB
LB
GB
VC
I
CD6
SC
MB
Sale of fishing bait, fish and shellfish
O
O
O
O
O
A
O
O
P
Wholesale Business
O
O
O
O
O
P
O
O
O
INDUSTRY AND MANUFACTURING
R
RB
LB
GB
VC
I
CD6
SC
MB
Light Industry or manufacturing
O
O
O
A
A
P
O
O
O
OTHER USES
R
RB
LB
GB
VC
I
CD6
SC
MB
Amateur Radio Tower
P
P
P
P
P
P
P
P
P
Commercial and non-commercial Wind Energy Facilities
A
A
A
A
O
A
A
A
A
Communication Appurtenance (excluding towers and monopoles)
O
A
A
P
A
P
O
O
O
Communication Buildings
O
O
A
P
A
P
O
O
O
Communication Monopole
O
O
O
A
O
P
O
O
O
Communication Towers
O
O
O
O
O
A
O
O
O
ACCESSORY USE
R
RB
LB
GB
VC
I
CD6
SC
MB
Accessory dwelling (See § 164-7.12)
P
P
P
P
P
P
O
O
P
Accessory scientific use (see § 164-7.8)
A
A
A
A
A
A
A
A
A
Building for the raising, boarding or breeding of dogs or livestock by principal occupant of agricultural premises
A
P
A
O
O
O
O
O
O
Garage, barn and boathouse for the principal occupant of residential premises
P
P
P
A
A
O
O
O
P
Guest House
P
P4
P
O
O
O
O
O
P4
Roadside stand, for products raised on the premises, less than 100 square feet in area
P
P
P
P
P
P
P
P
P
Shed or other building to house maintenance equipment and supplies for apartment complex
O
A
A
A
A
O
O
O
O
Storage Trailers
O
O
O
O
O
P9
O
O
O
The use of a room or rooms in a dwelling, the use of premises or buildings thereon by resident occupants for a recognized profession and for customary home occupations as defined in § 164-2.1
A
P
P
O
O
O
O
O
P
NOTES:
(1)
Intending that the retail business be incidental to and directly related to permitted use.
(2)
Total retail business floor area, exclusive of storage and office space, shall be limited to 1,500 square feet per business. No parking within the front and side yard setbacks is permitted.
(3)
Must conform to minimum lot size currently in force in the Residential District. Any lot which existed prior to March 9, 1971 which contains 15,000 sq. ft. but less than the current minimum area may be used for a single-family dwelling but not for a two-family dwelling or a guest house, or any lot which existed prior to August 2, 1973 containing at least 20,000 sq. ft. but less than the current minimum area may be used for a single-family dwelling but not for a two-family dwelling or a guest house.
(4)
Except "A" if creating more than 2,500 square feet of gross floor area in commercial use whether through new construction, addition, or change of use. Such Special Permits are subject to § 164-7.17 and § 164-7.6 as applicable. The calculation of the total gross floor area in commercial use shall include all existing and proposed floor area.
(5)
Certain uses may require a Special Permit under § 164-3.14A(7).
(6)
See § 164-4.4 for dimensional, parking, and other requirements for educational, municipal and religious uses.
(7)
Said use shall be conducted in accordance with the requirements of the Board of Health imposed pursuant to MGL c.114, § 34, and may be carried on only in that portion of the Residence District R designated "d" on the existing zoning map which area is more specifically shown on a plan of land entitled "Topographic Plan of Land located in Orleans, MA prepared for Orleans Cemetery Association Scale 1" = 50', December 7, 1992 Revised February 24, 1993, a copy of which is on file in the Office of the Board of Health, Orleans Town Hall.
(8)
See § 164-7.4 for storage trailer requirements.
(9)
Area limitation refers to canopy as defined in 935 CMR 500.002.

§ 164-4.3 Prohibited Uses.

A. 
Salvage yards, junkyards and all open-air storage of junk, waste products and salvage materials are expressly prohibited in the town unless owned and/or operated by the town, to include only the town disposal area.
B. 
The open-air storage of more than 1 unregistered motor vehicle is prohibited, except on premises used as a new or used car sales and service business or auto body and motor vehicle repair shop, provided that said storage shall not be deemed by the Building Commissioner to be in conflict with the other provisions of this section.
C. 
The parking of more than 1 school or other type of bus on a lot is prohibited in the town except in the General Business and Industrial Districts or upon school premises or during permitted functions.
D. 
Onshore commercial facilities to service or support or accommodate offshore exploration or drilling for fossil fuels, including oil and gas storage tanks, pipelines, warehouses or dockside heliports, airports, airstrips and all air-support facilities whose purpose or intention or principal business is to accommodate or service or support the onshore use of the Town of Orleans for offshore exploration, drilling and transportation of fossil fuels, including but not limited to oil and gas, are prohibited.
E. 
Adult bookstores or adult motion picture theatres or adult cabaret, as defined in § 164-2.1 are prohibited except that such establishments are permitted under Special Permit from the Zoning Board of Appeals in the Industrial District. Within the Industrial District, any such establishment shall be at least 300 feet from a residential zoning district.
F. 
Filling Stations and/or fuel pumps, as an accessory use and/or incidental to any other use, when used for retail purposes, are prohibited in all zoning districts.

§ 164-4.4 Exceptions.

This Bylaw shall not prohibit, regulate or restrict the use of land or structures for religious purposes or for educational purposes on land owned or leased by the Commonwealth or any of its agencies, subdivisions or bodies politic or by a religious sect or denomination, or by a nonprofit educational corporation except to the extent allowed by MGL c.40A, § 3, which provides that such land or structures may be subject to reasonable regulations concerning the bulk and height of structures, determining yard sizes, lot area, setbacks, open space, parking and building coverage.
In addition to, and in furtherance of, the purposes of this Bylaw as stated in § 164-1.2, it is the purpose of this Bylaw:
•
to recognize the special considerations accorded institutional activities, including without limitation educational, religious, and municipal uses of land;
•
to provide a framework for allowing institutional activities to locate in the various districts of the Town, while protecting certain environmentally sensitive areas from being unduly burdened by institutional activities and maintaining in districts generally buildings of similar scale in order that the character of the Town and its neighborhoods be maintained and that lower-density residential uses in particular not be adversely affected by structures for institutional uses;
•
and further, while cognizant of institutional considerations with respect to architecture and of institutional needs for larger structures in some instances than would be necessary for other uses, to be mindful of the need for public security from fire, floods, and other hazards;
•
to accommodate growth of institutional activities while recognizing the special requirements of institutional activities, such as parking, and that as the character of institutional activities may change over time, so will the special requirements of institutional activities;
•
to facilitate the adequate provision of parking and open space and other public amenities for all inhabitants of Orleans;
•
to clarify the provisions of this Bylaw with respect to institutional activities and the application of certain dimensional, parking, and other requirements to institutional uses as such requirements existed on the date of the adoption of this provision and as they may be modified by the adoption of this provision and hereafter;
•
and to ensure the uniform regulation of the classes of buildings, structures, and land in Orleans. Accordingly, this Bylaw so regulates such buildings, structures and land as provided herein, including, without limitation, pursuant to the provisions of § 164-4.4.
A. 
Dimensional and Other Requirements for Educational, Municipal, and Religious Uses. Minimum lot size, frontage, lot coverage, yard dimensions, and requirements for drainage and plantings for educational, municipal, and religious uses shall conform to the standards within the districts where they are located.
B. 
Height of Structures for Educational, Municipal, and Religious Uses. Except as otherwise provided in § 164-3.14A(7) and as provided below, building height of buildings for educational, municipal, or religious uses shall not exceed 35 feet. Notwithstanding the foregoing, the building height of a building used as a house of worship shall not exceed 45 feet. Such building may have a spire, steeple, cupola, dome or tower which exceeds 45 feet, provided that:
(1) 
The portion above the otherwise applicable 45-foot limit for building height is not intended for human occupancy other than incidental use such as for repairs or bell-ringing;
(2) 
Such higher structure meets public safety standards established by the fire chief from time to time consistent with the limitations of the Town's public safety equipment and facilities; and
(3) 
No portion of such building exceeds in height the lesser of:
(a) 
1 1/2 times the building height to the ridge; or
(b) 
An amount equal to the distance to the nearest residence located on a lot which may be separately conveyed, such distance measured on the ground to such residence from a point directly beneath the center of the spire, steeple, cupola, dome or tower, such height being measured as the vertical distance from the average undisturbed natural grade at the foundation on the street side of the building to the top of the spire, steeple, cupola, dome or tower.
C. 
Parking for Educational, Municipal, and Religious Uses. All of the provisions of Article VIII, including the dimensional and design requirements for parking, shall apply to educational, municipal, and religious uses.