Yarmouth City Zoning Code

literal enforcement of the provisions of this bylaw would involve a substantial hardship, financial or otherwise, to the petitioner or appellant.

The hardship is owing to circumstances relating to the soil conditions, shape or topography of such land or structures and especially affecting such land or structures, but not affecting generally the zoning district in which it is located.

Desirable relief may be granted without either: substantial detriment to the public good; or nullifying or substantially derogating from the intent or purpose of this bylaw.

Any person aggrieved by reason of his inability to obtain a permit or enforcement action from any administrative officer under the provisions of G.L., ch. 40A, as amended, or;

The Cape Cod Commission, or;

Any person, including any office or board of the Town of Yarmouth or of any abutting town, if aggrieved by any order or decision of the Building Commissioner or other administrative official, in violation of an provision of G.L. ch. 40A, as amended, or this bylaw.

Internal circulation and egress from the site are such that traffic safety is protected and access via minor streets servicing single-family homes is minimized.

Reasonable use is made of building location, grading and vegetation to reduce visibility of parking areas from public ways.

Adequate access to each structure for fire and service equipment is provided. Installation of Yarmouth Fire Department (YFD) Lockbox(es) shall be required to ensure building and site access.

Utilities and drainage serving the site provide functional service to each structure and paved area in the same manner as required for lots within a subdivision, and fire protection provisions meeting Fire Department regulations are provided.

Drainage serving the site must comply with Section 304 - Stormwater Management.

The proposed development will: a) minimize adverse environmental impacts on such features as wetlands, flood plains, and aquifer recharge areas; b) minimize obstruction of scenic views from publicly accessible locations; c) preserve unique natural or historical features to be preserved on the site or within the Town of Yarmouth; d) maximize open space retention; e) avoid major topographic changes; and f) minimize removal of existing trees within the required buffer zones.

In or abutting residential districts, effective use is made of topography, landscaping and building placement to maintain, to the degree reasonable, the character of the neighborhood.

Cluster and planned residential development.

Mobile home parks.

Motels and guest houses.

All other nonresidential uses requiring five (5) or more parking spaces.

Improving the aesthetic quality of buildings and sites therein;

Promoting attractive and viable commercial districts, and;

Providing a process for review of all changes in land use, the appearances of structures, or the appearances of sites within the districts.

The Planning Board shall review all projects in the Jurisdiction that are located in the HMOD2 for compliance with the Yarmouth Architectural and Site Design Standards, as adopted and from time-to-time amended by the Planning Board. Such review shall take place at a duly posted and advertised hearing and after notification of those proceedings by mail to all abutters and abutters to abutters within 300 feet of a project locus.

The Planning Board shall review all projects within the Jurisdiction that are submitted for approval under Bylaw section 411, the R.O.A.D. Bylaw, for compliance with the Yarmouth Architectural and Site Design Standards, as adopted and from time-to-time amended by the Planning Board.

The Design Review Committee shall review all applications within the VCOD pursuant to Section 414.

The Design Review Committee shall review all other commercial and mixed-use projects within the Jurisdiction, and all projects submitted under Section 104.3.2(4) paragraph 2, and make recommendations based on the Yarmouth Architectural and Site Design Standards. Recommendations shall concern the conformity of the proposed actions with the goals and objectives outlined in section 103.4.3 and may include such items as building style and features, architectural details, lighting, landscaping, materials encouraged, examples of craftsmanship, height and proportions, roof shape and pitch, directional expression, relationship of building and spaces, and other considerations as deemed appropriate by the Design Review Committee.

The Design Review Committee shall be the Design Review Authority to review all projects developing pursuant to Section 415 (Registered Marijuana Dispensaries) for mandatory compliance with the Yarmouth Architectural and Site Design Standards, as adopted and from time-to-time amended by the Planning Board.

For design review of all projects in the Jurisdiction submitted in conjunction with Bylaw section 404.2, the Motel Bylaw and in conjunction with Bylaw section 411, the Revitalization Overlay Architectural District (R.O.A.D.) Bylaw, A Planning Board member (or its designee) shall act as the Design Review Representative on the Site Plan Review Team.

For design review of all other commercial and mixed-use projects within the jurisdiction, except VCOD, and all projects submitted under Section 104.3.2(4) paragraph 2, a Design Review Committee member shall act as the Design Review Representative on the Site Plan Review Team.

Lawfully pre-existing non-conforming single- and two-family structures, and their accessory structures, and lawfully pre-existing single-family and two-family structures, and their accessory structures, located on non-conforming lots, may be altered, extended or razed and replaced provided the alteration, extension or raze and replacement:

Except as provided in paragraph 1 above, such single-family and two-family structures, and their accessory structures, may be altered, extended or razed and replaced only upon Special Permit from the Board of Appeals, if it is determined that such alteration, extension or raze and replacement will not be substantially more detrimental to the neighborhood than is the existing non-conforming structure.

Other lawfully pre-existing, non-conforming structures may be altered, extended, razed and replaced by Special Permit from the Board of Appeals if it is determined that:

Except as provided herein, other lawfully pre-existing non-conforming uses may be changed or extended only upon Special Permit from the Board of Appeals, if it is determined that such change or extension will not be substantially more non-conforming and will not be substantially more detrimental to the neighborhood, zoning district or Town than is the existing non-conforming use. Once changed to a conforming use, no structure or land shall be permitted hereunder to revert to a non-conforming use. Any such non-conforming use may be changed to a conforming use if the Building Commissioner determines that such a change will not be substantially more detrimental to the neighborhood than is the existing use.

A Special Permit may be issued for a hotel or motel located in the B2 Business Zone or within that portion of the R25 Residential Zone located south of Route 28 and licensed as such on or before April 11, 2006, and for which a Special Permit authorizing conversion to condominium form of ownership was issued under Bylaw Section 104.4 on or before said date, authorizing a change in use to Use Code A12 multi-family use provided further that such hotel or motel is not located in the HMOD1 or HMOD2 Zoning Districts and further provided that the Board of Appeals finds all of the following:

Deleted (ATM 4/9/2003).

For purposes of this section, any expansion or alteration of a structure which will occur within the footprint and height of the existing structure shall be presumed not to increase its non-conforming nature or effect. A structure's "footprint" shall extend to the exterior walls of the foundation or to the exterior walls of the structure, whichever is greater. Any change of use to a use which is presently allowed at the site under the current use regulation schedules shall be presumed not to be substantially more detrimental to the neighborhood, district or town than is the present use.

Single lots. Any increase in area, frontage or other dimensional requirements of this zoning bylaw shall not apply to a lot for single family residential use which, at the time of recording or endorsement, whichever occurs sooner, conformed to then existing requirements, had less than the new requirement but at least five thousand (5,000) square feet of area and fifty (50) feet of frontage and was not held in common ownership with any other contiguous lot at the time of, or since, the effective date of the increased requirements.

Two (2) or three (3) adjoining lots. Any increase in area, frontage or other dimensional requirements of this zoning bylaw shall not apply to a lot for single family residential use, provided the plan for such lot was duly recorded or endorsed and such lot was held in common ownership with contiguous lots and had less than the dimensional and density requirements of the newly effective zoning but contained at least seven thousand five hundred (7,500) square feet and seventy-five (75) feet of frontage, or contained fifteen thousand (15,000) square feet and fifty (50) feet of frontage if approved under section 203.2 of this bylaw. This exemption shall not apply to more than three (3) such adjoining lots held in common ownership.

Definitive and Approval Not Required Plans. Provided in G.L., ch. 40A, sec. 6, as amended.

Business and Industrial Lots. In a B1, B2, or B3 District, or in the VCOD, any increase in area or frontage of this zoning bylaw shall not apply to a lot for business or industrial use which, at the time of recording or endorsement, whichever occurs sooner, conformed to then existing requirements, had less than the new requirement but at least eight thousand five hundred (8,500) square feet of area and fifty (50) feet of frontage and was not held in common ownership with any other contiguous lot at the time of, or since, the effective date of the increased requirements. Contiguous lots in common ownership shall be combined and/or re-subdivided so as to meet the revised dimensional and area requirements with the exception that, except as hereinafter set forth in this paragraph, area and/or lot frontage dimensional requirements of this Zoning Bylaw shall not apply to a lot in a B1, B2, or B3 zoning district, or in the VCOD, for allowed uses within said zoning districts or uses allowed by Special Permit therein, provided a plan for such lot was approved or endorsed by the Planning Board on or before June 3, 1996, duly recorded, filed, or registered and such lot was not held in common ownership with more than one abutting or contiguous lot as of June 3, 1996, and provided said lot contains at least ten thousand (10,000) square feet of non-wetland lot area and seventy-five (75) feet of lot frontage. The minimum required frontage may be reduced to fifty (50) feet if the lot is capable of containing a square each side of which is equal to seventy-five (75) feet. The width of any lot between the street line and the proposed building setback line shall be no less than twenty (20) feet. No point along any side of the above requisite square shall exceed five hundred (500) feet from the street. Measurement of this distance to the street abutting the lot shall be taken within the lines of the lot.

Other Nonconforming Residential Lots. Except as set forth in this paragraph, area, lot frontage or other dimensional requirements of this zoning bylaw shall not apply to a lot for single-family residential use, provided a plan for such lot was approved or endorsed by the Planning Board on or before June 3, 1996, duly recorded, filed, or registered and such lot was not held in common ownership with more than two abutting lots as of June 3, 1996; as provided said lot contains at least ten thousand (10,000) square feet of non-wetland lot area and either seventy-five (75) feet of lot frontage or fifty (50) feet of lot frontage if the minimum dimensional requirements of Section 203.2 of this zoning bylaw are met, each side of the square described therein being seventy-five (75) feet. The minimum front yard setback for such a lot shall be pursuant to this bylaw Section 203.5 and footnote 1 thereof. The minimum side yard setbacks for such a lot shall be as set forth in Section 203.5 of this bylaw, but not more than the average of the setbacks of the residential dwellings on the lots next thereto on either side, but not less than six (6) feet, nor less than twelve (12) feet from any other building. The minimum rear yard setback for such a lot shall be as set forth in Section 203.5 of this bylaw, but not more than the average of the rear yard setbacks of the building(s) on the lot(s) abutting thereto, but not less than twelve (12) feet. The maximum building coverage for such a lot shall be in accordance with Section 203.5 of this bylaw.

Purpose: The purpose of this sub-section is to provide for the orderly, efficient, and appropriate combination and/or re-division of multiple non-conforming lots where there is insufficient land to permit the resulting lot(s) to comply with the current dimensional requirements of the Bylaw. The procedures and relief authorized herein are intended to be considered in conjunction with, and not in place of, any other procedures with which the petitioners must comply, including those of the Subdivision Control Law and the Rules and Regulations of the Planning Board. It is the intention of this sub-section to accomplish maximum feasible compliance with the intent and purpose of the current zoning bylaws where full compliance is not possible but where development of the available land may otherwise be accomplished without substantially derogating from the intent and purposes of the bylaws.

When the owner or owners of abutting lots, whether or not any of such lots are currently developed, wish to combine or redivide such lots, but where one or more of the existing lots do not conform to the current dimensional requirements, and where one or more of the resulting lots will not conform to the current dimensional requirements, such combinations or redivisions may be allowed by Special Permit from the Board of Appeals, upon the following conditions (also see Section 104.3.5, paragraph 5 for other applicable provisions):

Conditions, Restrictions, and Limitations: With respect to each and every lot created or altered by such recombination or redivision, the Board of Appeals, in granting such a Special Permit, may impose reasonable restrictions, conditions, and limitations, and may, consistent with the purposes and objectives of this section, designate certain of the non-conforming lots or parcels as non-buildable lots or parcels which will not thereafter be built upon. Such conditions may include, without limitation, any conditions intended to insure compliance with the foregoing standards or to minimize any adverse effects of the development of the non-conforming lot, or to promote the purpose of the zoning bylaw or of the particular zoning amendment(s) which rendered the lot non-conforming, including:

Nothing in this section shall be intended to prevent the addition of land area to an otherwise buildable or developed lot, provided that such addition renders the resulting lot less non-conforming and does not create any additional non-conforming building lots, and does not otherwise make any other lot more non-conforming.

Perimeter Plans: When an owner of a developed property wishes to combine the developed lot with one or more abutting non-developed lots, and where the resulting lot will not conform to the current dimensional requirements, but will be less nonconforming than the individual lots, such combination may be done by-right. This Perimeter Plan shall combine existing lots, with no new lines drawn indicating a division of land, and shall be done in accordance with M.G.L. Chapter 41, Section 81X, and recorded at the Barnstable Registry of Deeds.