Whitman City Zoning Code
ARTICLE VII
Special Provisions
§ 240-7.1 Permitted uses.
The uses outlined in this article may be permitted as designated in § 240-5.4, Table of Use Regulations, provided they meet the following requirements detailed in this section in addition to any other applicable requirements of the bylaw.
§ 240-7.2 Site plan approval.
A.
No building or structure, except one- or two-family dwellings and their accessory buildings, shall hereafter be erected, externally enlarged or changed in use except in conformity with a site plan bearing an endorsement of approval by the Board of Appeals. Applicants seeking site plan approval shall be required to submit a site plan. The original and eight copies of the site plan shall be submitted to the Town Clerk, who shall in turn give the applicant a dated receipt. Within four days of receipt the Town Clerk shall transmit one copy each to the Board of Appeals, Board of Health, the Building Commissioner/Inspector of Buildings, the Planning Board, the Superintendent of the Department of Public Works and the Conservation Commission. Within 30 days of filing said application, the review boards shall evaluate the application and site plan with regard to the conditions and standards set forth in the bylaw and shall submit an advisory report to the Board of Appeals. The Board of Appeals shall not render a decision without considering the report of the review boards unless 30 days from the date of filing has expired without receipt of such report.
B.
Where a proposed development will also fall under subdivision control, the applicants shall submit information required for a definitive plan according to the latest Rules and Regulations Governing the Subdivision of Land and the procedures of the Whitman Planning Board, Whitman, Massachusetts in lieu of the site plan required in this section. Planning Board endorsement of the information submitted under this bylaw, however, shall not constitute approval under the Subdivision Control Law. The site plan shall bear the stamp of a registered land surveyor or a civil engineer in the Commonwealth of Massachusetts.
C.
When a site plan application and a variance or special permit is required in connection with the same proposed activity, both hearings shall be held as one hearing.
D.
Site plan requirements are set forth as follows:
(1)
The plan submitted shall be drawn to a scale of at least one inch equals 20 feet, or in large plots one inch equals 40 feet.
(2)
There shall be submitted at the same scale as the site plan a professionally surveyed plan of existing site features, including the size of the property; the existing and proposed topography at two-foot contour intervals; general soil types as indicated on soil maps available from the U.S. Natural Resources Conservation Service; vegetation cover, including accurate locations of wooded areas and major trees, as well as roads, structures or other significant features.
(3)
A locus map shall be included to indicate the location of the property within the Town. This map shall include the zoning district(s) for the area.
(4)
In order to allow adequate consideration of the surroundings, a plan of adjacent properties shall be presented at a scale of not less than one inch equals 100 feet or at the same scale as the site plan if practical. This plan will show the general characteristics of all lands within 300 feet of the proposed site, including structures, parking areas, driveways, pedestrian ways and significant natural features.
(5)
A site plan and any other drawings necessary shall precisely indicate the following:
(a)
Area of the site.
(b)
Proposed uses of the land and structures.
(c)
Vehicular circulation system, including pavement widths, and rights-of-way, if any.
(d)
Pedestrian circulation system, if any.
(e)
Layout of parking areas.
(f)
Buffers and all landscaping.
(g)
All proposed structures, including their exact location, relation to topography, height and bulk.
(h)
Number and type of dwelling units, if any.
(i)
Service access and facilities for all structures, or uses including garbage and trash disposal facilities.
(j)
Location of utility infrastructures for water supply and sewerage.
(k)
All site drainage including natural courses and storm drains including drainage calculations.
(l)
The location of all open space, including its intended use, natural trees and foliage to be maintained, specific new planting by size and location and the organization or owner intended to own and maintain same.
(m)
Finish contours of the topography, measures and structures to minimize soil erosion during construction.
(n)
Significant site appurtenances such as walls, light poles and recreation areas.
(o)
Name of owner of record.
(p)
Locus and North point.
(q)
Names and stamps of the registered professional land surveyor or civil engineer.
(r)
Location and design of refuse storage area.
(s)
Location and type of fencing, screening, landscaping, signs (if required).
(t)
All access roads, rights-of-way, driveways, easements, etc., both existing and proposed.
(u)
Names of all abutters of record.
(v)
Location of zoning district lines.
E.
Site plan review. In considering a site plan, the Board of Appeals shall assure reasonable use of the site using the following criteria:
(1)
Protection of adjoining premises against seriously detrimental uses on the site during and after construction.
(2)
Convenience and safety of vehicular and pedestrian movement within the site and also in relation to adjacent streets, property or improvements during and after construction.
(3)
Adequacy of the methods of drainage for surface water during and after construction.
(4)
Provisions for the off-street loading operation of vehicles incidental to the normal operation of the establishment.
F.
Renewable or alternative energy research and development facilities, and renewable or alternative energy manufacturing facilities, subject to site plan review by the Zoning Board of Appeals, pursuant to § 240-7.2, Site plan approval, and subject to the dimensional requirements of § 240-6.5, Table of Dimensional and Density Regulations. Said site plan approval shall be an "expedited" application and permitting process under which said facilities may be sited within one year from the date of initial application to the date of final approval by the Zoning Board of Appeals. For the purposes of this section, "renewable energy," "alternative energy," "research and development facilities" and "manufacturing facilities" shall be as defined in Article II, Definitions.
§ 240-7.3 Multifamily dwellings/apartments.
Multifamily dwellings/apartments shall comply with the following requirements:
A.
Minimum lot size. The lot shall have not less than 87,000 square feet of land area.
B.
Density. For each dwelling unit constructed, there shall be a minimum equivalent of 6,000 square feet of lot area.
D.
Building design/placement. Buildings shall ensure maximum compatibility with surrounding land uses and structures. Where the site adjoins single-family residential areas, the Board of Appeals may adjust building heights and side yard requirements in certain portions of the development. There shall not be more than eight units per building.
E.
Usable common open space. There shall be a minimum area of usable common open space on the same lot as the principal buildings of at least twice the total floor area of the buildings devoted to residential use.
(1)
"Usable common open space" shall be defined as land left substantially in a natural state or developed for the recreational use for the residents of the dwellings and it shall not include street rights-of-way, open parking lots, service or loading areas, driveways, easements for aboveground utilities, required front yards within 30 feet of the right-of-way of a public street or way, landscaped areas, ground area covered by any structure other than those structures directly related to the open space or recreational use or any other land deemed unsuitable by the Board of Appeals, including, but not limited to swamps, marshes or wetlands, lands exceeding a slope of 33%, rock outcroppings, or muck or borrow, as shown on the current Plymouth County Soil Survey issued by the United States Department of Agriculture, Natural Resources Conservation Service.
(2)
There shall be a satisfactory design and location of collection points for the disposal of garbage and trash, adequately screened for reasons of health and safety, as determined by the Board of Appeals.
(3)
All existing and proposed utilities shall be installed underground at the time of construction.
§ 240-7.4 Gasoline service stations, repair garages and body shops.
Gasoline service stations, repair garages and body shops shall comply with the following requirements:
A.
Repairs done outside shall be limited to minor repairs and adjustments, with all major work done within enclosed, sound-insulated structures sufficient to protect the neighborhood from inappropriate noise and other disturbing effects such as but not limited to flashing, fumes, gases, smoke and vapors. Any lighting for outdoor display shall be directed at the display area only, and shall be shielded at the source of illumination from abutting streets and properties.
B.
There shall be no storage of motor vehicles, rubbish, appliances and equipment on the premises other than those in process of repair or awaiting delivery or in an enclosed structure or required in the operation of the service station, garage or repair shop.
C.
No gasoline pumps shall be located nearer than 30 feet to any property or street line.
D.
The use occupies a lot of not less than 25,000 square feet.
E.
The lot has a frontage of not less than 160 feet.
F.
There shall be an area at least 15 feet deep between the street line and the paved area of such service station, garage or repair shop which shall be seeded and/or landscaped except at entrances and exits.
G.
There shall be only one entrance and one exit each at least 20 feet wide for every 160 feet of street frontage or major fraction thereof, and they shall be at least 80 feet apart.
H.
The paved area of such service station, garage or repair shop shall be screened from all abutting properties by a buffer at least 15 feet wide, of densely planted evergreen trees or shrubs which are at least three feet high at the time of planting, and of a type which may be expected to form a year-round dense screen at least five feet high within three years, or by a solid closed fence or wall five feet in height and a three-foot-wide landscaped buffer of above dimension.
§ 240-7.5 Swimming pools.
All swimming pools able to contain 24 inches or more of water require a building permit in accordance with 780 CMR (the State Building Code) and an electrical permit in accordance with 527 CMR 12.00 (the State Electrical Code). Swimming pools must be at least 10 feet from side and rear property lines, 10 feet from the dwelling and 35 feet from the front property line.
§ 240-7.6 Floodplain and Watershed Protection Districts.
[Amended 6-2-2021 ATM by Art. 27, AG approved 9-24-2021, eff. 6-2-2021]
A.
Statement of purpose.
(1)
The purposes of the Floodplain District are to:
(a)
Ensure public safety through reducing the threats to life and personal injury;
(b)
Eliminate new hazards to emergency response officials;
(c)
Prevent the occurrence of public emergencies resulting from water quality, contamination and pollution due to flooding;
(d)
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;
(e)
Eliminate costs associated with the response and cleanup of flooding conditions; and
(f)
Reduce damage to public and private property resulting from flooding waters.
(2)
The purposes of the Watershed Protection District are to:
(a)
Preserve, protect and maintain the water table and water recharge areas within the Town so as to preserve present and potential water supplies for the public health and safety.
(b)
Assure the continuation of the natural flow pattern of the watercourses within the Town in order to provide adequate and safe floodwater storage capacity to protect persons and property against the hazards of flood inundation.
B.
District boundaries.
(1)
Floodplain District boundaries and base flood elevation data.
(a)
The Floodplain District is herein established as an overlay district. The Floodplain District includes all special flood hazard areas within Whitman designated on the Plymouth County Flood Insurance Rate Map (FIRM) dated July 6, 2021, 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 one-percent-chance base flood elevations shown on the FIRM and further defined by the Plymouth County Flood Insurance Study (FIS) report dated July 6, 2021. The FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk, Planning Board, Building Official, Conservation Commission and Board of Health.
(b)
The floodplain management regulations found in the Floodplain District section shall take precedence over any less restrictive conflicting local laws, ordinances or codes.
(c)
The degree of flood protection required by this bylaw is considered reasonable but does not imply total flood protection.
(d)
If any section, provision or portion of this bylaw is deemed to be unconstitutional or invalid by a court, the remainder of the bylaw shall be effective.
(e)
The Town of Whitman hereby designates the Building Commissioner to be the official Floodplain Administrator for the Town.
(2)
The Watershed Protection District is herein established as an overlay district to all other districts. The Watershed Protection District includes:
(3)
In the Floodplain District and Watershed Protection District, the applicable use and other provisions of the Town's bylaw shall continue in force, subject to all provisions of this section.
C.
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 six 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 Street, 6th Floor
Boston, MA 02110
And copy of notification to:
Massachusetts NFIP State Coordinator
MA Department of Conservation and Recreation
251 Causeway Street
Boston, MA 02114
D.
Variances to Building Code floodplain standards.
(1)
The Town will request from the State Building Code Appeals Board a written and/or audible copy of the portion of the hearing related to the variance, and will maintain this record in the Town's files.
(2)
The Town 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 Town official, that:
(3)
Such notification shall be maintained with the record of all variance actions for the referenced development in the Floodplain District.
E.
Variances to Town of Whitman Protective Zoning Bylaw. A variance from this bylaw must meet the requirements set out by state law, and may only be granted if:
F.
Permits.
(1)
The Town of Whitman requires a permit for all proposed construction or other development in the Floodplain District and/or Watershed Protection 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, except any use specifically authorized and exempt from such permits by law.
(2)
Whitman's permit review process includes the use of a checklist of all local, state and federal permits that will be necessary in order to carry out the proposed development in the Floodplain District and/or Watershed Protection District. The proponent must acquire all necessary permits, and must submit the completed checklist demonstrating that all necessary permits have been acquired.
(3)
The Board of Appeals shall have the authority to issue permits hereunder, after hearing with due notice given as provided by MGL c. 40A, § 4. Such permit shall state the conditions under which the permit is issued.
(4)
Permit procedure.
(a)
Any person desiring to undertake an action described in this section within the Floodplain and Watershed Protection District, shall submit six copies of an application for a permit to the Town Clerk, who shall transmit five copies of it within 48 hours to the Board of Appeals, who in turn shall transmit one copy to each of the following within forty-eight hours: Board of Health, Department of Public Works, Conservation Commission and the Planning Board. The application shall be accompanied by plans of the building or structure and of the premises on which it is or is to be situated. Such plans shall conform to the requirements of the Rules and Regulations Regulating the Subdivision of Land for the Town of Whitman, as may be amended or recodified from time to time.
(b)
No permit shall be issued by the Board of Appeals until a report or reports with recommendations by the Planning Board and the Conservation Commission have been received, or until 45 days have elapsed from the date of submission in the absence of such report or reports. The failure of the Board of Appeals to act within 75 days from the date of submission shall constitute approval thereof, or such further time as may be agreed upon at the written request of the applicant.
(c)
The Board of Appeals shall issue a permit under this section if it finds that the use of the premises will not endanger the health, safety and general welfare of the occupants thereof, the public generally or of other land or buildings, and the permit otherwise complies with the requirements of this bylaw. In deciding applications for a permit under this section, the Board shall be satisfied:
[1]
That the basement floor level shall be above the elevation of the nearest Floodplain District and/or Watershed Protection District boundary.
[2]
That other land shall be protected against detrimental or offensive uses of the premises, and that no sewerage effluent shall be disposed into the Floodplain District and/or Watershed Protection District.
[3]
That safe vehicular and pedestrian movement to, over and from the premises shall be provided over ways having an elevation above the nearest Floodplain District and/or Watershed Protection District boundary.
[4]
That the methods of drainage of the area covered by the permit are adequate under normal and flood conditions to maintain the flow below the nearest Floodplain District and/or Watershed Protection District boundary.
[5]
That the methods by which the premises are filled or otherwise elevated, as may be required, will assure that the premises are free from danger to the health or safety of the occupants thereof, the public generally or of other land or buildings, and shall not adversely affect the natural function of the District as a floodplain and/or water retention area.
[6]
That the land is not subject to seasonal or periodic flooding.
[7]
That the portion of any lot within a Floodplain District and/or Watershed Protection District used to meet the area and yard requirements for the underlying district in which the remainder of the lot is situated does not exceed 25% of the required minimum lot area of the underlying district.
(d)
Nothing in this section shall limit the authority of the Board of Health with respect to premises in the Floodplain District and/or Watershed Protection District or affect the applicability of the State Building Code to any building in such district(s).
G.
Subdivision.
(1)
All subdivision proposals and development proposals in the Floodplain District and/or Watershed Protection District shall be reviewed to assure that:
(2)
When proposing subdivisions or other developments greater than 50 lots or five acres (whichever is less), the proponent must provide technical data to determine base flood elevations for each developable parcel shown on the design plans.
H.
Unnumbered A Zones.
(1)
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.
(2)
In Zones A, A1-30 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 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.
I.
(Reserved)
J.
Watercourse alterations or relocations in riverine areas. In a riverine situation, the Floodplain Administrator shall notify the following of any alteration or relocation of a watercourse:
(1)
Adjacent communities, especially upstream and downstream.
(2)
Bordering states, if affected.
(3)
NFIP State Coordinator, Massachusetts Department of Conservation and Recreation, 251 Causeway Street, 8th floor, Boston, MA 02114.
(4)
NFIP Program Specialist, Federal Emergency Management Agency, Region I, 99 High Street, 6th Floor, Boston, MA 02110.
K.
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.
L.
Enforcement. This bylaw shall be enforced by the Floodplain Administrator or other enforcing officer designated by the Select Board, legal proceedings and fines shall be in accordance with Article XII, §§ 240-12.5 and 240-12.6 of the Town of Whitman Protective Zoning Bylaw, as may be amended or recodified from time to time.
[Amended 5-6-2024 ATM by Art. 41, AG approved 7-22-2024, eff. 5-6-2024]
M. DEVELOPMENT FLOOD BOUNDARY AND FLOODWAY MAP FLOOD HAZARD BOUNDARY MAP (FHBM) FLOODWAY FUNCTIONALLY DEPENDENT USE HIGHEST ADJACENT GRADE HISTORIC STRUCTURE(1) (2) (3) (4) (a) (b)
NEW CONSTRUCTION RECREATIONAL VEHICLE(1) (2) (3) (4)
REGULATORY FLOODWAY SPECIAL FLOOD HAZARD AREA START OF CONSTRUCTION(1) (2) STRUCTURE SUBSTANTIAL REPAIR OF A FOUNDATION VARIANCE VIOLATION
Definitions.
Any man-made change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. [US Code of Federal Regulations, Title 44, Part 59]
An official map of a community issued by FEMA that depicts, based on detailed analyses, the boundaries of the 100-year and 500-year floods and the 100-year floodway. (For maps done in 1987 and later, the floodway designation is included on the FIRM.)
An official map of a community issued by the Federal Insurance Administrator, where the boundaries of the flood and related erosion areas having special hazards have been designated as Zone A or E. [US Code of Federal Regulations, Title 44, Part 59]
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]
A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. [US Code of Federal Regulations, Title 44, Part 59; also Referenced Standard ASCE 24-14]
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. [US Code of Federal Regulations, Title 44, Part 59]
Any structure that is:
Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
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.
[US Code of Federal Regulations, Title 44, Part 59] |
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]
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.
[US Code of Federal Regulations, Title 44, Part 59] |
See "floodway."
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]
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]
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. [US Code of Federal Regulations, Title 44, Part 59]
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]
A grant of relief by a community from the terms of a floodplain management regulation. [US Code of Federal Regulations, Title 44, Part 59]
The failure of a structure or other development to be fully compliant with the community’s floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in § 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4) or (e)(5) is presumed to be in violation until such time as that documentation is provided. [US Code of Federal Regulations, Title 44, Part 59]