Yarmouth City Zoning Code

Classes of Districts. The Town of Yarmouth is herewith divided into the following classes of districts:

Zoning Map. B1, B2, B3, AED, MU, APD, MOD, HMOD1, HMOD2, ROAD, all districts of the VCOD, RMDOD and all residential districts are defined and bounded as shown on the map entitled "Official Zoning Map of the Town of Yarmouth," dated October 29, 2019, or as most recently amended. This map and all explanatory matter thereon is hereby made part of this bylaw.

(Deleted)

Floodplain Zones. The Floodplain Zones are herein established as an overlay District and include all special flood hazard areas within the Town of Yarmouth designated as Zone AE, AO, AH and 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 (NFIP). The map panels of the Barnstable County FIRM that are wholly or partially within the Town of Yarmouth are panel numbers 25001C0557J, 25001C0559J, 25001C0567J, 25001C0569J, 25009C0576J, 25009C0577J, 25009C0578J, 25009C0579J, 25009C0583J, 25001C0586J, 25001C0587J, 25001C0588J, 25001C0589J, 25001C0591J, 25001C0782J, and 25001C0801J, dated July 16, 2014. The exact boundaries of the District may 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 dated July 16, 2014. The FIRM and FIS report are incorporated herein by reference and are on file with the Building Division, the Engineering Division, the Planning Division, and the Town Clerk.

B1. (Deleted 11/2/2021).

B2. (Deleted 11/2/2021).

District Boundaries. Boundaries of Zoning Districts shall be as shown on the Official Zoning Map. Where any uncertainty exists with respect to the boundary of any zoning district, as shown on the Zoning Map, the following rules shall apply:

Lots in Two Districts. Where a district boundary line divides a lot in existence at the time such line is adopted, the regulations for the less restricted portion of such lot shall extend not more than thirty (30) feet into the more restricted portion, provided that the lot has frontage on a street in the less restricted district.

Application. No building or structure shall be erected and no premises shall be used, except as set forth in the Use Regulations Schedule, or in other sections of this bylaw. If a use is not specifically allowed, by right or special permit, it shall be considered to be not allowed unless an appeal is taken under section 102.2.3 and it is shown beyond a reasonable doubt to be of similar nature and at least no more noxious nor detrimental to the welfare of the neighborhood than a specifically allowed use.

Other uses specifically prohibited in the Aquifer Protection Overlay District, are listed in Bylaw section 406.4.1.

The various classes and subclasses of uses listed here come, generally, from the North American Industry Classification System, as amended. While the manual may be used from time to time as a guide for clarification, the final application shall be as the "common man" would interpret these uses in conjunction with the intent below.

Intent. It is the intent of this section to promote a choice in housing types, including that for transients and broaden the economic base of the town and create employment while at the same time protecting the public health by preserving air, water and groundwater quality and enhancing the public welfare through regulations, or banning land uses which are noisy, dusty, dirty, smelly, dangerous or otherwise a nuisance to the public at large.

Note: These last, - noisy, etc., statements are to be considered away from the place of activity, so that, while a bowling alley may be noisy to a bowler, it will not be so to the public driving past.

More Than One Use. Where a proposed use might be classified under more than one of the following classes, the more specific classification shall determine permissibility; if equally specific, the more restrictive shall prevail.

Symbols. The symbols used in the Use Regulation Schedule shall mean the following:

Use Regulation Table.

Buildings and Structures. All buildings and structures in any district shall meet the minimum requirements set forth in the following Table of Dimensional Requirements unless otherwise expressly provided by this law or by G. L. ch. 40A, sec. 6, as amended.

Front Yard. Except for properties developing or redeveloping pursuant to Section 414, VCOD, no building need be set back more than thirty percent (30%) of the depth of the lot nor more than the average of the setbacks of the buildings on the lots next thereto on either side. A vacant lot or a lot occupied by a building set back more than the required front yard setback is counted as though occupied by a building at the setback line. This section does not apply to VCOD development.