Yarmouth, MA Zoning Ordinance

§ 401 Accessory uses.

[Amended 11-17-2025 STM by Art. 15]

401.1

Camping and Recreational Equipment.

401.1.1

At no time shall parked or stored camping and recreational equipment be occupied or used for living, sleeping or housekeeping purposes.

401.1.2

If camping or recreational equipment is parked or stored outside of a garage, it shall be parked or stored to the rear of the front building line of the lot, except for loading and unloading.

If a boat cannot be parked or stored to the rear of the front building line of the lot in a Residential Zoning District due to a unique condition or features of the parcel, such as restricted or limited access to the side or rear of the building, relief may be granted via a special permit from the Zoning Board of Appeals. In addition to other applicable special permit requirements, the following conditions also apply:

•	Limited to one boat per parcel, lawfully registered to the owner or resident of the property
•	Maximum length of 28' and located on a registered trailer
•	Boat shall be parked in the driveway of a residential parcel without creating a traffic or fire safety issue, and adequate remaining on-site parking for the property can be demonstrated
•	Special permits shall expire upon transfer of the property

401.2

Accessory Scientific Uses. Uses, whether or not on the same parcel as activities permitted as a matter of right, accessory to activities permitted as a matter of right, which activities are necessary in connection with scientific research or scientific development or related production, may be permitted upon the issuance of a special permit by the Board of Appeals, provided that the Board finds that the proposed accessory use does not substantially derogate from the public good.

401.3

Commercial Outdoor Display. Except in the VCOD, the outdoor display of any of the following items for sale or rent, shall not be allowed at any commercial establishment in any district: clothing, household furnishings and all other items not intended for outdoor use. No outdoor displays are allowed to be placed in the required buffer zones of any commercial lot. Outdoor display of retail goods in the VCOD shall only occur along the facade of those commercial or mixed use structures where the goods are sold, shall not be within a public right of way, and shall not occur outside of normal business hours.

401.4

Temporary Commercial Outdoor Display. The Building Commissioner may approve, through application and permit, Temporary Commercial Outdoor Displays to take place at commercial establishments in the B1 and B2 Zoning Districts, or for properties which have developed under the Village Centers Overlay District (VCOD), with the following provisions:

A maximum of three events with a total maximum duration of 17 days per calendar year per parcel.

Retail goods shall be for sale only and shall not occur outside of normal business hours.

No temporary display, parking, or structures shall be located within required buffer areas and/or yard setbacks.

Temporary commercial signs for temporary commercial outdoor display shall not exceed 18 square feet and shall be permitted for the duration of the outdoor display event. The location must be approved by the Building Commissioner. A permit from the Building Commissioner is required and a fee will be charged.

Safe pedestrian circulation shall be provided between the temporary display area, main building(s) and parking.

If located within a parking area, the remaining parking shall be sufficient to meet the minimum parking requirements of Section 301.5 for the commercial use(s).

Location of temporary display shall not impede fire and public safety access or circulation.

No cooking, display, or sale of food shall be allowed outdoors, except in accordance with Board of Health Regulations.

Applicant shall provide a Sketch plan to include, but not limited to, dimensions and location of the temporary display area, building(s), parking spaces, pedestrian circulation, lot lines, buffer areas and yard setbacks.

The Building Commissioner may require an applicant to go through the Informal Site Plan Review process, at his/her discretion, if deemed necessary to obtain input from other Town Departments.

§ 402 Single & multi-family cluster developments, planned residential developments, and congregate living housing.

402.1

Definitions.

COMMON OPEN SPACE

The area, no less than 30% of the total development acreage, which is preserved for recreation and/or conservation, and does not include land designated for streets, drives, sidewalks, parking areas, building lots, or non-functional areas, such as yards, space between buildings, narrow strips, etc.

CONGREGATE LIVING HOUSING

Either a town operated, state or federally aided housing development, or it may be a self-contained retirement community on twenty (20) acres or more of land, which consists of multi-family dwellings designed and reserved specifically to accommodate the semi-independent elderly population. Such multi-family housing shall include group facilities for dining, food preparation and social interaction. For purposes of this section, elderly shall mean those persons aged fifty-nine (59) or older.

MULTI-FAMILY CLUSTER DEVELOPMENT

A group of multi-family dwellings with an area of dedicated common open space associated with the development. For the purposes of this section, a two-family dwelling unit shall fall under the definition of a multi-family dwelling.

PLANNED RESIDENTIAL DEVELOPMENT

A group of multi-family dwellings, or a mix of multi-family and single family dwellings, along with one or more neighborhood convenience stores, as specified below, with an area of dedicated common open space associated with the development. For the purposes of this section, a two-family dwelling unit shall fall under the definition of a multi-family dwelling.

SINGLE-FAMILY CLUSTER DEVELOPMENT

A group of single-family dwellings on reduced sized lots, with an area of dedicated common open space associated with the development.

402.2

Objectives. The objectives of all developments under this section are: to allow relatively intensive use of land locally while not increasing the population density on a large scale; to preserve open space for conservation and recreation; to introduce variety and choice into residential development; to meet housing needs; and to facilitate economical and efficient provision of public services. In the case of congregate living housing, it is the further objective to provide housing for the elderly population who may not be capable of total independence but are not in need of institutional living.

402.3

Applicability. A Special Permit to allow the use of land for any development outlined in this section may be granted by the appropriate authority with the uses and dimensional requirements as specified below in lieu of those elsewhere specified in this bylaw, provided that all regulations and procedures are complied with.

Section 402 shall not be applicable to projects developing or redeveloping under Section 414, VCOD.

402.4

Permit Granting Authority. A Special Permit for a Single-Family Cluster Development or a Planned Residential Development may be issued by the Planning Board. A Special Permit for a Multi-Family Cluster Development or a Congregate Living Housing Development may be issued by the Board of Appeals.

402.5

General Application Procedures.

402.5.1

Preapplication Review. Applicants are required to submit preliminary material for review by the Site Plan Review Team under section 103.3, prior to formal application, in order to avoid the discovery of fundamental problems with a proposed plan at the time of the public hearing on the granting of a special permit. Preliminary subdivision plans, if any, should be submitted to the appropriate permit granting authority prior to application for a special permit.

402.5.2

Application. Applicants for a special permit under this section shall submit to the appropriate permit granting authority (1) copy of an application and fifteen (15) copies of the overall development plan.

402.5.3

Overall Development Plan. The overall development plan for any development under this section shall include all information required for a Definitive Subdivision Plan, as outlined in the Yarmouth Planning Board's Rules & Regulations Governing the Subdivision of Land, section 3.4.2. In addition, the development plan must indicate: proposed land and building uses; proposed building locations and dimensions; any required yards or setback area; location and boundaries of common open space and area calculations; parking areas and calculations, areas of proposed and retained vegetation, and; sewage facilities.

402.5.4

Other Materials. The application materials shall indicate each landowner's interest in the land to be developed, the firm or organization proposed to own and maintain the common open space, the substance of covenants and grants of easement to be imposed upon the use of land and structures, and a development schedule.

402.5.5

Review and Decision. Upon their receipt of application and required plans, the permit granting authority shall transmit one (1) copy of each to the Board of Health, the Conservation Commission, the Town Engineer, the Water Department, the Building Commissioner, the Fire Chief, and the Planning Board, if applicable. Within thirty-five (35) days of receipt of the application by the agencies named above, reports shall be submitted to the permit granting authority, which shall make no decision until receipt of all such reports or until the expiration of thirty-five (35) days following receipt of the application by those agencies.

402.5.6

Criteria for Approval. Approval of a cluster development or a planned residential development shall be granted upon a determination by the Permit Granting Authority that the plan furthers the objectives stated in section 402.2 and complies with the requirements of section 402.5 and that the plan enhances the preservation of open space for conservation or recreation; utilizes natural features of the land; and allows more efficient operation of streets, public utilities and other public services. In addition, there shall be minimum disruption of established neighborhoods, especially with regard to unusually heavy traffic, visual impact, etc.

402.6

General Regulations and Requirements. The following regulations and requirements are applicable for all the development types found in this section.

402.6.1

The development plan shall encompass land which is contiguous, and of area at least ten (10) times the minimum single family lot area required in that zone.

402.6.2

Common open space shall be preserved for recreation or conservation and shall include not less than thirty percent (30%) of the land area within the development plan. Such open space shall either be conveyed to the town and accepted by it for park or open space use or be conveyed to a nonprofit corporation or trust, owned, or to be owned, by the owners of the lots or residential units within the plan. If such a corporation or trust is utilized, ownership thereof shall pass with conveyance of the lots or residential units. In any case where such land is not conveyed to the town, a restriction enforceable by the town shall be recorded, providing that such land be kept in an open or natural state and not be built upon or developed for accessory uses such as parking or roadway, and the town shall be granted a perpetual easement over the land sufficient to ensure its perpetual maintenance as conservation or recreation land. Such open space shall be delineated on the plan.

402.6.3

All developments shall be designed and built in accordance with the Yarmouth Planning Board's Rules and Regulations Governing the Subdivision of Land, as amended.

402.6.4

Sewage disposal shall be in accordance with all applicable requirements of Massachusetts General Law and Board of Health regulations, as amended.

402.6.5

Parking shall be in accordance with section 301 of this bylaw. Parking lots shall be designed, built, and screened in the manner outlined in section 301 for commercial parking lots, regardless of the number of parking spaces.

402.6.6

Other than for those properties to which Section 404 applies, no multi-family structure shall contain more than twenty (20) dwelling units. In the case of congregate living housing, this requirement may be waived if the Board of Appeals specifically finds that there is sufficient buffering to prevent a larger building from being disruptive to the character of surrounding neighborhoods. In the case of congregate living housing on properties to which Section 404 applies, this requirement may be waived if the Planning Board specifically finds that there is sufficient buffering to prevent a larger building from being disruptive to the character of surrounding neighborhoods.

402.6.7

Other than for those properties to which Section 404 applies, multi-family dwellings shall be located not less than one hundred fifty (150) feet from any wetland or land subject to flooding. Single-family dwellings shall be no less than one hundred (100) feet away.

402.6.8

Occupancy permits for any structure shall be granted only in accordance with the requirements of section 103.3.6 of this bylaw.

402.6.9

Long-term Compliance. Subsequent to approval of a development under this section, no land therein shall be sold and no lot line or structure altered from that shown on the overall development plan so as to increase the extent of nonconformity with the standard dimensional regulations of this bylaw (see section 203). Prior to sale of any lot within a cluster development or a Planned Residential Development, or issuance of a building permit for construction therein, such lots shall be shown on a plan recorded in the Registry of Deeds or registered with the Land Court, which plan shall make references to the recorded land agreements referred to in section 402.6.2. Unless the Special Permit granting authority has specifically approved staged development, such plan shall show all lots to be included in the development.

402.7

Special Requirements - Single and Multi-Family Cluster Developments and Planned Residential Developments.

402.7.1

Number of Dwelling Units. The maximum number of dwelling units allowed shall be calculated by dividing the area of developable land in the tract by the minimum lot size specified in section 203.5 for a single family dwelling in that district. The developable land is the total tract minus: wetlands; ninety percent (90%) of the land area in existing utility easements, and; land which does not meet state or local health regulations for septic systems. For this purpose, any land designated on the U.S. Department of Agriculture Soil Conservation maps as having severe limitations for septic systems shall, without proof to the contrary, be deemed as not meeting these criteria.

402.7.2

Allowable Uses. Single-family cluster developments, multi-family cluster developments, and planned residential developments may be allowed by special permit in all residential districts, except RS-40, as well as in B1 and B2 districts, as shown in section 202.5. Planned residential developments, as defined in section 402.1, may include neighborhood convenience stores, provided that: the gross commercial floor area shall not exceed five percent (5%) of the gross residential floor area, or five thousand (5000) square feet, whichever is less; the stores are attractively designed as an integral part of the overall development; provision is made for their continued maintenance and operation for the benefit of residents in the development; and they be so located that residents of the neighborhood outside of the development may use them without disturbing normal traffic patterns within the development, infringing on parking spaces reserved for the use of residents of the development, or unduly disturbing the amenities of those residences.

402.7.3

Dimensional requirements.

402.7.3.1

Single-family cluster development:

Minimum Lot Size	10,000 sq. ft.
Minimum Lot Width at Proposed Building Line	100 ft.
Minimum Frontage	100 ft.*
Minimum Front Yard	25 ft.
Minimum Side Yard	12 ft.
Minimum Rear Yard	20 ft.
Maximum Lot Coverage	25%
Maximum Height:
Floors	See Section 203.4
Feet	See Section 203.4

Setback from boundary of development: No dwelling within a cluster development may come closer to the boundary of the development than fifty (50) feet. No accessory structure shall be placed within 30 feet of the front lot line, within 10 feet of a side lot line, or within 12 feet of any other building. Accessory structures of up to 150 square feet may not be placed closer than 10 feet from a rear lot line. Accessory structures of 150 square feet or more may not be placed closer than 20 feet from a rear lot line.

* 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 100 ft. No point on any side of the requisite square shall exceed a distance from the street greater than 250 feet.

402.7.3.2

Multi-Family Cluster Development or Planned Residential Development:

Single family dwellings in a planned residential development shall be on lots and conform to the requirements of section 402.7.3.1, above.

Multi-family buildings shall conform to the setback requirements stated below. The absence of reference to lots for multi-family dwellings shall not prohibit a building or dwelling unit from being shown on, or associated with, a lot or lots.

The minimum building setback from streets, ways or parking areas shall be the greater of one (1) times the building height or twenty five (25) feet. The minimum distance between buildings shall be the greater of the sum of the heights of the buildings measured from the average ground level at the side between said buildings or thirty five (35) feet.

The permitting authority may reduce these dimensional requirements upon clear demonstration that the proposed development offers exceptional advantages. In no case shall an exception be granted to increase the allowable density of a cluster or planned residential development.

402.8

Special Requirements - Congregate Living Housing Developments.

402.8.1

Congregate living housing shall be made up of one (1) or two (2) bedroom units. Such units shall be designed to accommodate one (1) or two (2) elderly persons. Aside from the bedroom(s) and bath(s), the unit may have, but is not required to have, a small kitchen and/or small living room. Congregate living housing shall have no more than twenty percent (20%) two (2) bedroom units. The number of congregate dwelling units allowed shall be the number allowed for other cluster developments, as stated in section 402.7.1, except that the following bonus may be allowed: an increase in the maximum number of congregate dwelling units equal to the percentage of one (1) bedroom congregate living units in the development.

§ 403 Flood area provisions.

403.1

Purpose: The purpose of the Flood Area Provisions is to protect the public health, safety, and general welfare, and to minimize the harmful impacts of flooding upon the community by:

Reducing threats to life and personal injury.

Minimizing new hazards for emergency response officials.

Reducing or preventing damage to public and private property, infrastructure, and utility services caused by flood waters.

Reducing or eliminating costs associated with cleanup and repairs caused by flooding.

403.2

Development - All applicable development and uses in all Flood Zones A and V, as identified on Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) panels, whether permitted as a matter of right, by special permit, or by variance, shall meet the effective provisions of 780CMR (State Building Code). These maps are on file in the Building Division, the Engineering Division, the Planning Division, and the Town Clerk.

403.3

General Provisions:

Abrogation and Greater Restriction: The floodplain management regulations found in these Flood Area Provisions 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 is considered reasonable but does not imply total flood protection.

Severability: 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 still be effective.

403.4

Designation of Community Floodplain Administrator: The position of Building Commissioner is designated as the official Floodplain Administrator for the Town of Yarmouth.

403.5

Floodway Data. In Zone 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.

403.6

Unnumbered A Zones: In A Zones, in the absence of FEMA Base Flood Elevation (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.

403.7

Submission of New Technical Data: If the Town of Yarmouth acquires data that changes the base flood elevation in the FEMA mapped Special Flood Hazard Areas, the Conservation Administrator 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., 6^th floor

Boston, MA 02110

And copy of notification to:

Massachusetts Department of Conservation and Recreation

251 Causeway Street, Suite 600-700

Boston, MA 02114

403.8

Notification of Watercourse Alteration. In a riverine situation, the Conservation Administrator, 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 Federal Emergency Management Agency, Region I 99 High Street, 6th Floor Boston, MA 02110

403.9

Use Regulations.

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.

Man-made alteration of sand dunes within Zones VE and V which would increase potential flood damage are prohibited.

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

403.10

Recreational Vehicles in a Flood District: In AH, AE Zones, VE, and V Zones, all recreational vehicles to be placed on a site must be:

fully licensed and highway ready; OR

be on the site for less than 180 consecutive days; OR

be elevated and anchored in accordance with the flood zone's regulations for foundation and elevation requirements.

403.11

Permits Required in Floodplain Districts:

Under separate processes, the Town of Yarmouth requires Building and/or Conservation permit or permits for all proposed construction or other development in the floodplain overlay districts, including new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities, filling and grading, fences, sheds, storage facilities or drilling, mining, paving and any other development that might increase flooding or adversely impact flood risks to other properties.

The Town of Yarmouth requires project proponents to acquire all local, state and federal permits necessary for development in the floodplain overlay district, and certify that all necessary permits have been, or will be acquired prior to start of construction.

403.12

Variances to Building Code Floodplain Standards:

Variances to the flood-resistant standards as found in the MA State Building Code may only be issued by the MA State Building Code Appeals Board.

For issued Variances, the Town of Yarmouth will request from the MA State Building Code Appeals Board written and/or audible copy of the portion of the hearing related to the variance, and will maintain this record in the community's files.

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 community official stating 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.

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

403.13

Variances from Section 403: A variance from these floodplain bylaws must meet the requirements set out by State law, meet the Variance criteria per Section 102.2.2, and may only be granted if:

good and sufficient cause and exceptional non-financial hardship exists; and

the variance will not result in additional threats to public safety, extraordinary public expense, or fraud or victimization of the public; and

the variance is the minimum action necessary to afford relief; and

any required or applicable variances from the MA State Building Code Appeals Board have been obtained.

403.14

Flood District Definitions: The following Definitions apply specifically to these Flood Area Provisions and the Floodplain Zones.

DEVELOPMENT

means 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]

FLOODWAY

means 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

means 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]

HIGHEST ADJACENT GRADE

means 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]

HISTORIC STRUCTURE

means any structure that is:

(a)

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;

(b)

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;

(c)

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

(d)

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

(1)

By an approved state program as determined by the Secretary of the Interior or

(2)

Directly by the Secretary of the Interior in states without approved programs.

[US Code of Federal Regulations, Title 44, Part 59]

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

means a vehicle which is:

(a)

Built on a single chassis;

(b)

400 square feet or less when measured at the largest horizontal projection;

(c)

Designed to be self-propelled or permanently towable by a light duty truck; and

(d)

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]

REGULATORY FLOODWAY

see FLOODWAY.

SPECIAL FLOOD HAZARD AREA

means 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

means, 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]

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

means a grant of relief by a community from the terms of a flood plain management regulation. [US Code of Federal Regulations, Title 44, Part 59]

VIOLATION

means the failure of a structure or other development to be fully compliant with the community's flood plain 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]

§ 404 Motels.

404.1

Motels in the Hotel/Motel Overlay District 1 (HMOD1).

404.1.1

Goals and Purposes in the HMOD1. During the 1950's and 60's, the Town of Yarmouth became a popular summer destination with the construction of many traditional seasonal motels and hotels along Route 28. Since that time, many of these properties have fallen into disrepair and opportunities for their redevelopment have been limited and constrained by existing zoning regulations regarding use, lot size and density. It is the intent of this section to remedy these difficulties for property owners by:

Providing a carefully controlled mechanism that promotes public welfare, community and economic opportunities, including business and housing, through the redevelopment of motel properties into new commercial, mixed, and/or multifamily housing uses, while on the one hand preserving and enhancing the ambiance of our historic community, and on the other, providing for safe living, eating and cooking facilities within housing units;

Allowing and encouraging mixed use buildings with residential use over retail, commercial, and/or office uses;

Allowing for the creation and/or redevelopment of multiple units on a single lot, consisting of commercial space, and singles, duplexes, townhouses, and apartments, non-year-round vacation dwelling units, and affordable housing;

Providing the owners of applicable properties with the ability to improve, renovate, and/or replace their properties to maximize the uses of limited lot size by easing bulk regulations and allowing for an increase in density.

404.1.2

Applicability in the HMOD1. The provisions of this subsection shall apply to those properties or lots which are within the Hotel/Motel Overlay District 1 (HMOD1) for which a motel or lodging license has been issued, pursuant to M.G.L. c. 140, § 32B, prior to and is in effect on April 11, 2006 or was issued a motel or lodging license after April 11, 2006 ("Applicable Property").

Properties that meet the specific applicability requirements of Section 404.1.2 may acquire and combine adjacent parcel(s) located within the HMOD1 zoning overlay district that do not meet the applicability requirements of Section 404.1.2, and develop the entire combined site under Section 404.1 provided the total of the additional parcels are no more than 100% of the area of the original applicable property. (Example: A 1.0 acre applicable motel property may add up to an additional 1.0 acre of non-applicable property or properties in the HMOD1 to the original 1.0 acre and develop the entire 2.0 acres under Section 404.1).

404.1.3

Project Approval in the HMOD1. The creation of commercial uses, office uses, motel uses and housing, as subsequently defined, on the same lot shall be permitted if all specific provisions of this section are met.

Projects meeting all of the specific provisions of this section shall be deemed to meet the criteria for as-of-right development on those properties to which this section applies and may be approved by the Building Commissioner. Projects which do not meet the criteria for as-of-right development on those properties to which this section applies, or requires a Special Permit for use as described in Section 202.5, or which requires a Special Permit for non-conformity pursuant to Section 104.3, can be approved through issuance of a Special Permit by the Yarmouth Planning Board.

404.1.4

Change, Extension or Alteration of Motels in the HMOD1. Lawfully pre-existing non-conforming structures to which this section applies, and lawfully pre-existing structures located on non-conforming lots to which this section applies, may be altered, extended or razed and replaced, by right, provided the alteration, extension or raze and replacement complies with the provisions of this section, and satisfies the requirements of the Site Plan Review Team.

404.1.5

The provisions of the Table of Dimensional Requirements in Section 203.5 shall continue to apply to the applicable properties in the HMOD1 to which this section applies, unless specifically addressed in section 404.1.11.

404.1.6

Any property owner or agent thereof who seeks a change, extension, alteration or to raze and replace a building and/or property to which this section applies shall be subject to Site Plan Review, as referred to in section 103.3. In the case of land or buildings subject to this section, no occupancy permit for full or partial occupancy of the site shall be issued until all required site improvements serving the structure to be occupied have been completed. This requirement shall apply to any project for which changes or alterations, whether interior and/or exterior, are sought. Development and redevelopment of buildings and sites are subject to the provisions of the Yarmouth Architectural and Site Design Standards (Standards), as outlined in section 103.4. The Standards are to be applied to an entire site, including the landscape, parking, lighting, signs, buffers and all existing and new buildings and structures on a site; it is not the intent of the Standards to allow a partial site compliance.

404.1.7

Lighting. Exterior lighting shall meet the requirements of Section 301 - Parking and Loading Requirements.

404.1.8

Top Of The Shop And Multi-Family Housing in the HMOD1. Any housing created at an applicable property must be created by virtue of a Raze and Replacement or new construction and may not be created by utilizing the existing motel structures, and must comply with the requirements of this section.

404.1.8.1

Minimum Dwelling Unit (DU) Size in the HMOD1. The minimum square footage of any housing created pursuant to Section 404.1 of this Bylaw, shall be a minimum of 600 square feet.

404.1.8.2

Allowed Residential Densities and the Affordable Housing Requirement in the HMOD1. For purposes of this subsection, there will be an allowed density of up to 16 dwelling units per acre as long as affordable housing units, as defined in Section 500, are provided at the following rates:

Units per Acre	Affordable Units per Acre
1-4	0
5-7	1
8-11	2
12-15	3
16	4

Through a Special Permit from the Planning Board, an increase in allowed density of up to 20 units per acre may be granted, provided that 50% of the additional units beyond 16 units per acre shall be affordable housing units. The required number of affordable units shall be rounded up.

The purpose and Intent of the affordable housing requirement is to encourage development of new housing that is affordable to low- and moderate-income households. At a minimum, affordable housing produced through this regulation should be in compliance with the requirements set forth in M.G.L. c. 40B, § 20 - 23 and other affordable housing programs developed by state, county and local government. It is intended that the affordable housing units that result from this bylaw be considered Local Action Units, in compliance with the requirements for the same, as specified by section 412 of this Zoning Bylaw.

For purposes of determining density of applicable properties in the HMOD1 upon which mixed use developments are created containing both housing and motel uses, the density of the housing units shall be determined by reducing the total square footage of lot area of the applicable property by 1,000 square feet per motel guest unit, and then calculating the density as displayed in Sections 404.1.8.2 of this section.

404.1.9

Maximum Building Coverage in the HMOD1. For any property to which this subsection applies, Building coverage shall be as outlined in Zoning Bylaw section 203.5 for properties in the HMOD1.

404.1.10

Maximum Allowed Heights in the HMOD1. For any property to which this subsection applies, the maximum building height shall be as follows:

404.1.10.1

On a single parcel or combined parcels in the HMOD1 having a minimum of 100,000 square feet of contiguous upland area, the maximum building height of properties to which this section applies shall be as follows:

•	45 feet height with a maximum of 3 stories, as measured from average natural grade at the front of the foundation side facing Route 28, with a maximum of 3 stories, all of which may be habitable and none of which must comply with the definition of habitable attic. At no time shall the number of floors be allowed to exceed three regardless of the number of stories used for commercial purposes;
•	Building eave or cornice heights shall not exceed 30 feet from bottom of eave/cornice to the average finished grade at the foundation side facing Route 28;
•	35 feet maximum height within 50 feet of adjoining residential zoning districts or from Route 28.

404.1.10.2

On a parcel in the HMOD1 having less than 100,000 square feet of contiguous upland area, the maximum building height shall be 35 feet high, as measured from average natural grade at the front of the foundation side facing the street, with a maximum of 3 stories, all of which may be habitable and none of which must comply with the definition of habitable attic. At no time shall the number of floors be allowed to exceed three regardless of the number of stories used for commercial purposes.

404.1.10.3

For the creation of new hotels on a single parcel or combined parcels in the HMOD1 having a minimum of 2 acres of contiguous upland area, and for projects that will be a complete raze and replace of existing buildings, the maximum building height of properties to which this section applies shall be as follows:

•	45 feet maximum height, as measured from average natural grade at the front of the foundation side facing Route 28, with a maximum of 4 stories, any or all of which may be habitable and none of which must comply with the definition of habitable attic. Setbacks for the building of this height must meet Section 203.5 (Table of Dimensional Requirements) and be a minimum of 50' from adjoining residential zoning districts or Route 28;
•	Building eave or cornice heights shall not exceed 40 feet from the bottom of eave/cornice to average finished grade at the foundation side facing Route 28;
•	35 feet maximum height within 50 feet of adjoining residential zoning districts or from Route 28.

404.1.11

Setbacks in the HMOD1. Section 203.5 shall apply, except that the setbacks from an existing lot-line at the property may be maintained for structures with a maximum height of 35'. For any expansion of the pre-existing footprint, that new portion of the structure shall comply with the provisions of Section 203.5. For all other structures on applicable properties in the HMOD1, the setbacks for such properties shall comply with the provisions of Section 203.5.

In addition, for purposes of any housing involving more than one building on lot, no building need be more than 12 feet from any other building on the same lot. Also, no structure which abuts a residentially zoned parcel or Route 28 may exceed 35 feet in height, unless that portion of the structure which does exceed 35 feet is located 50 feet from the abutting residentially zoned parcel or Route 28.

404.1.12

Motel Conversions in the HMOD1. Deleted (ATM 05/05/18). Lawfully pre-existing uses and structures shall be governed by Section 104.3 of the Zoning Bylaw.

404.1.13

Deleted (ATM 04/02/2012).

404.1.14

Kitchens. Guest units with a minimum of 600 square feet may have a full kitchen.

404.2

Motels in the Hotel/Motel Overlay District 2 (HMOD2).

404.2.1

Goals and Purposes in the HMOD2. South Shore Drive is a traditional seaside motel area located in a residential zoning district. It is the intent of this bylaw to provide South Shore Drive motel owners with the ability to renovate, reconstruct and/or replace their properties by right and by doing so, encourage improvement of this unique waterfront lodging area to benefit the town and to meet the needs of today's travelers.

404.2.2

Applicability in the HMOD2. The provisions of this subsection shall apply to those properties or lots which are within the Hotel/Motel Overlay District 2 (HMOD2) for which a motel license has been issued, pursuant to M.G.L. c. 140, § 32B, or an Innkeeper's License, prior to and is in effect on April 08, 2008 ("Applicable Property").

Any property on a lot within the HMOD2 for which a common victualler's license has been issued and which was in effect on April 11, 2006 shall be considered an Applicable Property.

404.2.3

Project Approval in the HMOD2. The lawful use of any structure or land in the HMOD2, existing at the time of enactment or subsequent amendment of this section of the bylaw may be continued, although such structure or use does not conform with any other provision of the zoning bylaw.

Projects meeting all the criteria for as-of-right development on those properties to which this section applies will be approved by the Building Commissioner. Projects which do not meet the criteria for as-of-right development on those properties to which this section applies or require a Special Permit for use as described in Section 202.5 or which require a Special Permit for non-conformancy pursuant to Section 104.3 can be approved through issuance of a Special Permit by the Yarmouth Planning Board.

404.2.4

Change, Extension or Alteration of Motels in the HMOD2. Lawfully pre-existing non-conforming structures to which this section applies, and lawfully pre-existing structures located on non-conforming lots to which this section applies, may be altered, extended or razed and replaced, by right, provided the alteration, extension or raze and replacement complies with the provisions of this section, and satisfies the requirements of the Site Plan Review Team.

404.2.5

The provisions of the Table of Dimensional Requirements in Section 203.5 shall continue to apply to the applicable properties in the HMOD2 to which this section applies, unless specifically addressed in this section.

404.2.6

404.2.7

Lighting. No development in the HMOD2 shall be illuminated in such a way that causes glare for motorists, pedestrians or neighboring premises. Exterior lighting shall meet the requirements of Section 301 - Parking and Loading Requirements.

404.2.8

Maximum Building Coverage. Building Coverage shall be as outlined in section 203.5 for all properties in the HMOD2.

404.2.9

Maximum Allowed Heights in the HMOD2. For applicable properties in the HMOD2, maximum building heights shall be as follows:

On a parcel or contiguous parcels in the HMOD2, owned by an entity, or operated under common management as of April 8, 2008, having a combined minimum of 100,000 square feet of contiguous area, not including any parcels divided by a public way, the maximum building height of hotels or motels shall be:

48 feet high with a maximum of 4 stories, any or all of which may be habitable. Height shall be measured from the existing average natural grade at the street side of the foundation, as said natural grade was existing on April 8, 2008. If the building is located in a FEMA Flood Zone AE, height shall be measured from 1 foot above Base Flood Elevation (BFE). If the building is located in a FEMA Flood Zone AO, height shall be measured from 1 foot above the Depth of Water shown on the Flood Insurance Rate Maps, measured from the average natural grade at the front face of the building foundation. If located in a FEMA Flood Zone VE, height shall be measured from the top of "freeboard", as defined in the Massachusetts Building Code 780 CMR (as amended).

35 feet maximum within 50 feet of the property line of any adjoining non-motel residential use not owned, managed or controlled by that entity. Height shall be measured from average natural grade at the street side of the foundation, as said natural grade was existing on April 8, 2008, with a maximum of 3 stories, any or all of which may be habitable. If the building is located in a FEMA Flood Zone AE, height shall be measured from 1 foot above Base Flood Elevation (BFE). If the building is located in a FEMA Flood Zone AO, height shall be measured from 1 foot above the Depth of Water shown on the Flood Insurance Rate Maps, measured from the average natural grade at the front face of the building foundation. If located in a FEMA Flood Zone VE, height shall be measured from the top of "freeboard", as defined in the Massachusetts Building Code 780 CMR (as amended).

On a parcel or contiguous parcels in the HMOD2 having less than 100,000 square feet of contiguous area, not including any parcels divided by a public way, the maximum building height of motels shall be 35 feet high, measured from the average natural grade at the street side of the foundation, with a maximum of 3 stories, any or all of which may be habitable.

On a parcel in the HMOD2 on which any other applicable property is located, the maximum building height shall be 35 feet high, measured from the average natural grade at the street side of the foundation, with a maximum of 2 habitable stories.

404.2.10

Setbacks in the HMOD2. For any applicable property to which a change, alteration or raze and replace shall occur, and which structure will be a maximum of 35 feet, or less, in height, the setbacks recited in Section 203.5 shall apply, except that the setbacks from an existing lot-line at the property may be maintained. For any expansion of the pre-existing footprint, that new portion of the structure shall comply with the provisions of Section 203.5. For all other structures on applicable properties, the setbacks for such properties shall comply with the provisions of Section 203.5 for the R25 Zoning District.

404.2.11

Deleted (ATM 04/02/2012).

404.2.12

Kitchens. Guest units with a minimum of 600 square feet may have a full kitchen.

404.2.13

Accessory Uses. Motels may include incidental and accessory uses, primarily for guests, which may include, but not limited to: pools, beach cabanas, restaurants, cafes, conference & meeting rooms, bars, gift shops, apparel shops, beauty & barber shops, game rooms, and laundromats. Accessory uses shall be secondary to normal motel operations.

404.2.14

(Deleted ATM, 05-04-2009).

404.3

Extended Stay Hotels:

404.3.1

Purpose: The purpose of this bylaw is to permit the development of extended stay hotels to safely accommodate longer stays for hotel guests in accordance with minimum operational standards.

404.3.2

Design Review and Site Plan Review: Formal Design Review is required and adherence to the Yarmouth Architectural and Site Design Standards are mandatory. Formal Site Plan Review is required.

404.3.3

HMOD1 & HMOD2: Full redevelopment and replacement of an existing motel/hotel on a property meeting the Applicability criteria under 404.1 - Motels in the Hotel/Motel Overlay District 1 (HMOD1), or under 404.2 - Motels in the Hotel/Motel Overlay District 2 (HMOD2), into an Extended Stay Motel, may be developed under Section 404 - Motels, if they also meet all of the criteria contained in section 404.3 for Extended Stay Hotels.

404.3.4

Building Height: Height of Extended Stay Hotels shall adhere to Section 203.4.2 - Table of Maximum Building Height, or if applicable, section 404.1 or 404.2.

404.3.5

Dimensional Requirements: Dimensional Requirements for Extended Stay Hotels shall be the same as for motels/hotels and shall adhere to Section 203.5 - Table of Dimensional Requirements, or if applicable, section 404.1 or 404.2.

404.3.6

Parking and Loading Requirements: Parking and Loading requirements for Extended Stay Hotels shall adhere to Section 301 - Parking and Loading Requirements.

404.3.7

Signs: Signs for extended stay hotels shall adhere to section 303 - Signs.

404.3.8

Operational Standards for Extended Stay Hotels: Extended stay hotels shall have the following features:

All extended stay units shall be a minimum of 300 square feet (sf) of gross floor area.

Two or more bedroom units shall have a fully-equipped kitchen, to include sink, microwave, minimum 14 cubic foot (cf) refrigerator/freezer combination, stove (oven/cooktop combination) with hood and dishwasher. All other extended stay units to have an efficiency kitchen to include at a minimum a sink, microwave, and minimum 10 cf refrigerator/freezer. Permanently installed 2-burner cooktop with hood, or stove with hood, are allowed, but no portable cooktops are permitted. All kitchens to include counter top, cupboards, cookware, dishes and flatware.

For any building which contains extended stay units, the entire structure shall have a fire suppression system.

Each guest room shall be accessed through a center interior hallway and shall not provide direct primary egress to the exterior of the building.

Staff or management shall be on property twenty-four (24) hours a day. Any on-site property manager unit shall meet the definition of a dwelling unit per the building code, health code and all other applicable codes. For Extended Stay Hotels with less than 100 guest units, one year-round on-site property manager dwelling unit may be allowed. For 100 guest rooms or more, two on-site property manager units may be allowed.

Extended stay hotels shall have a lobby or public gathering area.

A heated/air-conditioned indoor laundry area shall be available on-site exclusively for guest use, and shall include a minimum of two washers and two dryers.

All extended stay hotel guests must be able to demonstrate that they maintain a principal place of residence elsewhere.

Extended Stay Hotels shall keep records of guests including name, permanent address and length of stay. All documentation to be provided upon request.

10.

To be considered an Extended Stay hotel, one hundred percent (100%) of all guest rooms shall meet the operational standards established herein.

11.

Extended Stay Hotels shall be permitted to have continuous occupancy of up to ninety (90) calendar days. No entity, corporation or person may occupy or book a unit or units for more than ninety (90) continuous calendar days, without prior approval of the Building Commissioner. Such approval shall only be granted when an occupant has a verifiable employment contract or agreement coincident with the length of stay requested.

404.4

On-Site Property Managers at Motels/Hotels:

404.4.1

Purpose: The purpose of this bylaw is to allow Motel or Hotel owners to provide year-round on-site residence(s) for property manager(s) for the purpose of managing, maintaining and securing the property.

404.4.2

Applicability: The Building Commissioner may approve, through application and permit, On-Site Property Manager units at currently licensed Motels or Hotels in accordance with the provisions outlined herein. If an Applicant cannot meet all the provisions outlined herein as determined by the Building Commissioner, a Special Permit from the Zoning Board of Appeals is required.

404.4.3

Operational Standards for On-Site Property Managers at Motels and Hotels: Accommodations for on-site property manager units shall have the following features:

For Hotels or Motels with less than 100 guest units, one on-site property manager may be allowed. For Hotels or Motels with 100 or more guest units, two on-site property managers may be allowed. In addition, one owner occupied unit may be allowed per property, if the unit meets all the operational criteria outlined for On-Site Property Managers.

Immediate family members of the on-site manager are allowed to reside in the on-site managers unit, depending on the size of the unit.

On-site property manager unit shall be a minimum of 300 square feet (sf) of gross floor area for up to 2 persons per unit. An additional 70 sf of gross floor area is required for each additional person. Each property manager unit shall include a kitchen or kitchenette with refrigerator/freezer combination, microwave and stove (cooktop/oven combination) with hood.

On-site property manager units shall meet the definition of a dwelling unit per the building code and all other applicable codes.

Creation of a dwelling unit or renovations would have to comply with the current edition of the Existing Building Code. Applicant to provide the Building Commissioner a narrative from a registered design professional indicating which level of alteration they have designed the project under.

On-site property manager unit shall meet all the Board of Health and State of Massachusetts regulations regarding building and fire codes, health codes, water supply and wastewater disposal.

404.5

Seasonal Employee Housing at Motels/Hotels.

404.5.1

Purpose: The purpose of this bylaw is to provide standards to ensure safe and adequate housing at motels/hotels for temporary seasonal employees of Yarmouth businesses.

404.5.2

Applicability: The Building Commissioner may approve, through annual application and permit, Seasonal Employee Housing units at currently licensed motels/hotels in accordance with the provisions outlined herein. If an Applicant cannot meet all the provisions outlined herein as determined by the Building Commissioner, a Special Permit from the Zoning Board of Appeals is required. No Special Permit or Variance relief shall be permitted to exceed the 15% cap on seasonal employee housing outlined in Section 404.5.3.9 for motels/hotels located within the HMOD2 Zoning District.

404.5.3

Operational Standards for Seasonal Employee Housing at Motel/Hotels: Accommodations for Seasonal Employee Housing at Motels/Hotels shall have the following features:

A Seasonal Employee is considered to be an employee that is employed in Yarmouth for no more than seven (7) months between April 1st and October 31st annually.

Seasonal employee housing shall be for no more than seven months between April 1st and October 31st annually.

Seasonal employees shall be housed in motel/hotel rooms only. Seasonal employees may not be housed in camp sites, tents, RVs, mobile homes or campers located on the motel/hotel property or timeshare units.

Seasonal employee housing shall meet all local and state regulations, including but not limited to building and fire codes, health codes, water supply and wastewater disposal.

Maximum occupancy rate of each unit to be determined per the Health Codes.

Seasonal Employee housing shall be used solely by employees and shall not include family members of employees, or other non-employees.

The property owner or manager shall designate an on-site proctor for each property utilized as employee housing. The on-site proctor shall ensure that all seasonal employees are apprised of the rules and code of behavior prior to occupancy. The name and contact information for the on-site proctor shall be submitted to the Yarmouth Police Department and Building Commissioner.

All employees shall have access to cooking facilities, which shall include at a minimum a microwave, sink, cooktop and refrigerator/freezer.

No more than 15% of any hotel or motel rooms at a single parcel may be used for employee housing (fractions shall be rounded to the nearest whole number). Each room used for employee housing shall be identified on a locus map of the site and submitted to the Building Commissioner, Board of Health and Yarmouth Police Department.

10.

All employees must be able to demonstrate that they maintain a principal place of residence elsewhere.

11.

The property owner or manager shall keep records of all employees utilizing employee housing, including name, permanent address, length of stay, and place(s) of employment with contact information. All documentation to be provided upon request.

12.

The permit issued by the Building Commissioner shall be valid for one year only.

§ 405 Wetlands.

405.1

(Reserved)

405.2

In all districts, any dwelling shall be set back a minimum of one hundred (100) feet from the top of the bank of any cranberry bog.

§ 406 Aquifer Protection Overlay District.

406.1

Findings. The Town of Yarmouth finds that:

406.1.1

The ground water underlying this town is the sole source of its existing and future drinking water supply;

406.1.2

The groundwater in the aquifer is integrally connected with, and flows into, the surface waters, lakes, streams and coastal estuaries which constitute significant recreational and economic resources of the Town used for water-related recreation, shell fishing and fishing;

406.1.3

Accident spills and discharges of petroleum products and other toxic and hazardous materials and sewage discharge have repeatedly threatened the quality of such groundwater supplies and related water resources throughout towns in Massachusetts, posing potential public health and safety hazards and threatening economic losses to the affected communities.

406.2

Objective. The objective of this section of the bylaw is to protect the public drinking water supply in Yarmouth from the effects of high density land development and from potentially hazardous materials associated with specific land uses.

406.3

Applicability. The district as shown on the Zoning Map shall be considered superimposed over any other district established in this bylaw. The more restrictive provisions of either the Overlay or underlying zoning districts shall apply. The boundaries of the Aquifer Protection Overlay District are based upon a delineation of the zones of contribution to public supply wells completed by Whitman & Howard, Inc. (1984, 1985). Where the boundaries of the Aquifer Protection Overlay District are in doubt or dispute, the burden of proof shall be upon the owner(s) of the land in question to show where the boundaries should be located. Proof shall be based upon evidence provided by a professional hydrogeologist. Where the boundary line of the Aquifer Protection Overlay District divides any lot existing at the time such line is established, the regulation established hereunder shall apply only to the area of the lot which falls within the district.

406.4

Use Regulation. Uses, except as noted below, within the Aquifer Protection Overlay District shall be controlled by Section 202.5 of the Zoning Bylaw, Use Regulation Schedule, and by the provisions of this bylaw. All uses listed in Section 202.5 which require a Special Permit in this District shall be subject to the requirements listed below.

406.4.1

Prohibited uses: landfills and open dumps, as noted in 310 CMR 22.21(2)(A)1; land filling of sludge and septage, as noted in 310 CMR 22.21(2)(a)2; automobile graveyards and junkyards; stockpiling and disposal of snow or ice from outside the Zone II (APD), which contains deicing chemicals, as noted in 310 CMR 22.21(2)(A)4; non-sanitary wastewater treatment facilities, except for replacement, repair, or systems treating contaminated ground or surface water, as noted in 310 CMR 22.21(2)(a)6, and; facilities that generate, treat, store or dispose of hazardous waste, as noted in 310 CMR 22.21(2).

The following uses and activities are prohibited, unless designed in accordance with specified performance standards approved by DEP. Uses involving storage of sludge and septage, deicing chemicals, commercial fertilizers, animal manures (as noted in 310 CMR 22.21(2)(b)4), liquid hazardous materials, or liquid petroleum products. Earth removal activities within 4 feet of historic high water table (as noted in 310 CMR 22.21(2)(b)6).

Fuel delivery in the APD shall only be allowed for the duration required to dispense, pump or transfer fuel and must be under the constant supervision of the fuel delivery personnel.

406.5

Special Permit Requirements.

406.5.1

Pre-application Review. Applicants are encouraged to submit preliminary material for informal review by the Site Plan Review Team under Section 103.3, prior to formal application, in order to avoid the discovery of fundamental problems with a proposed plan at the time of the public hearing on the granting of a special permit.

406.5.1.1

Special Permit Non-Applicability. Applicants, who believe that their proposed use will pose no substantial risk to the public drinking water supply, may apply to the Building Commissioner for a Determination of Non-Applicability of the Special Permit requirements of Section 406.5. This application may be made either by itself or in connection with the application for a building and/or occupancy permit. The applicant shall include with his/her application all of the Application Submittal Requirements set forth in Section 406.5.2. The Building Commissioner may determine that the applicant need not apply for a Special Permit hereunder only if all of the following conditions are met:

The applicant has fully complied with the Submittal Requirements of Section 406.5.2

The proposed use meets all of the Design and Operation requirements of Section 06.5.7, and

The chemicals, pesticides, fuels and other potentially toxic or hazardous materials used or stored at the site, or produced by the proposed use, will be in quantities not greater than those commonly associated with normal household use, and

The proposed use will meet all of the Objective and Water Quality Criteria of this Bylaw.

The Building Commissioner may require the applicant to submit the matter to the Health Agent or Board of Health, and may require the applicant to demonstrate that he/she has received a favorable report from the Health Agent or Board of Health. The Determination, if made, shall apply only to the individual applicant and proposed use and shall automatically expire upon any change of use or transfer of ownership of the business. There shall be no appeal from an unfavorable Determination of any such application, nor from a failure to act, except for filing by the applicant for a Special Permit from the Board of Appeals as otherwise provided herein.

Copies of the Determination shall be filed with all other Town Agencies listed in Section 406.5.4 and with the Town Clerk within seven (7) days. Any such Town Agency, or other Person Aggrieved of the Determination, may appeal such Determination to the Board of Appeals in the same manner as provided in Section 102.2.3.

406.5.2

Application Submittal Requirements. When applying for a special permit required by this section, the information listed below, when applicable, shall be submitted with the application.

A complete list of chemicals, pesticides, fuels and other potentially toxic or hazardous materials (with Materials Safety Data Sheets [MSDS]) and quantities to be used or stored on the premises in quantities greater than those associated with normal household use, accompanied by a description of measures proposed to protect all storage containers/facilities from vandalism, corrosion and leakage, and to provide for control of spills.

A description of potentially toxic or hazardous wastes to be generated, including storage and disposal methods and a spill response plan.

Proof of registration with the Yarmouth Board of Health, as outlined in the Board of Health Regulation entitled "Handling and Storage of Toxic and Hazardous Materials."

Proof of submittal of a "Notification of Hazardous Waste Activity" form to the Massachusetts Department of Environmental Protection.

Preparation of Water Quality Assessment (Section 406.5.5) and Toxic and Hazardous Waste Generation Assessment (Section 406.5.6).

Any site plan or facility design drawings necessary to show compliance with the design and operational requirements of this bylaw.

406.5.3

Criteria for Approval. Such special permit shall be granted if the Board of Appeals determines, in conjunction with other town agencies as specified in Section 406.5.4, below, that the intent of this bylaw as well as its specific criteria are met (see section 406.5.5 below). In making such determination, the Board of Appeals shall give consideration to the simplicity, reliability and feasibility of the control measures proposed and the degree of threat to water quality which would result if the control measures fail.

The Board of Appeals shall explain any departures from the recommendations of the other town agencies in its decision.

406.5.4

Review by Other Town Agencies. Upon receipt of the special permit application, the Board of Appeals shall transmit one copy to any other relevant town agency/board or department (including the Water Division, the Engineering Division, the Fire Department, the Board of Health, the Planning Board, and the Conservation Commission) for their written recommendations. Failure to respond in writing within 30 days upon receipt shall indicate approval or no desire to comment by said agency. The necessary number of copies of the application shall be furnished by the applicant.

406.5.5

Water Quality Criteria. Special permits under section 406 shall be granted only if the applicant demonstrates to the satisfaction of the Board of Appeals that groundwater quality resulting from on-site waste disposal and other on-site operations will not violate federal or state standards for drinking water at the downgradient property boundary. For nitrate-nitrogen the Cape Cod Commission guideline of five parts per million (5 ppm) will be used.

Projections of nitrate-nitrogen concentrations shall be based upon current Board of Health regulations for nitrogen loading.

406.5.6

Toxic or Hazardous Waste Generation Criteria. No use that can be classified as a small quantity generator (SQG) of hazardous waste shall be allowed in the Aquifer Protection Overlay District.

A small quantity generator is defined as a use which:

Generates more than one hundred kilograms (100 Kg) or two hundred pounds (200 lbs.) of hazardous waste a month*

Accumulates more than six hundred kilograms (600 Kg) of hazardous waste at any one time*

Generates or accumulates any quantity greater than one kilogram (1 Kg) of acutely hazardous waste* in a month.

*As defined in the State Regulations; 310 CMR 30.00.

406.5.7

Design and Operation Requirements. The following design and operation guidelines shall be observed within the Aquifer Protection Overlay District:

Safeguards. Provision shall be made to protect against toxic or hazardous materials discharge or loss resulting from corrosion, accidental damage, spillage or vandalism through measures such as spill control provisions in the vicinity of chemical or fuel delivery points, secured storage areas for toxic or hazardous materials, and indoor storage provisions for corrodible or dissolvable materials. For operations which allow the evaporation of toxic or hazardous materials into the interiors of any structures, a closed vapor recovery system approved by DEP shall be provided for each such structure to prevent discharge of contaminated condensate into the groundwater.

Location. Where the premises are partially outside of the Aquifer Protection Overlay District, potential pollution sources such as on-site waste disposal systems shall be located outside the District to the extent feasible.

Disposal. For any toxic or hazardous wastes to be produced in quantities greater than those associated with normal household use, the applicant must demonstrate the availability and feasibility of disposal methods which are in conformance with M.G.L., ch. 21C. The discharge of sewage shall be in conformance with Title V and Town of Yarmouth Health Regulations.

Drainage. All runoff from impervious surfaces shall be recharged on the site and diverted towards areas covered with vegetation for surface infiltration. Leaching basins shall be used only where other methods are not feasible, and shall be preceded by oil, grease and sediment traps to facilitate removal of contaminants. Such traps shall be maintained (with records) on a regular basis. Drainage serving the site must also comply with Section 304 - Stormwater Management.

406.6

Violations. Written notice of any violation of this bylaw or any permit issued under this bylaw shall be provided by the Building Commissioner to the owner of the premises, specifying the nature of the violations and a schedule of compliance, including cleanup of any spilled materials. Copies of this violation notice shall be distributed to other relevant boards as specified in section 406.5.4. This compliance schedule must be reasonable in relation to the public health hazard involved and the difficulty of compliance. In no event shall more than thirty (30) days be allowed for either compliance or finalization of a plan for longer-term compliance.

406.6.1

Definition. Toxic or Hazardous Materials. Any substance or mixture of such physical, chemical or infectious characteristics as to pose a significant, actual or potential hazard to water supplies, or other hazard to human health, if such substance or mixture were discharged to land or waters of this town. Toxic or hazardous materials include, without limitation, organic chemicals, petroleum products, heavy metals, radio-active or infectious wastes, acids and alkalis, and include products such as pesticides, herbicides, solvents and thinners.

§ 407 ACCESSORY APARTMENTS.

407.1

Purpose and Intent: The intent of this bylaw is to:

Broaden the range of housing choices available to residents by increasing the number of smaller dwelling units available in Yarmouth for year-round rental while protecting the character, appearance and property values of single-family residential neighborhoods.

Address the need for additional year-round rental housing units without significantly impacting our environmental resources.

Allow for better utilization and expansion of our existing housing stock.

Provide housing opportunities to support a strong, stable and diverse year-round community and a sustainable local workforce, prevent displacement of local residents, and facilitate "aging in place" for our senior citizens.

Provide an opportunity for family members who choose to live in close proximity, but separate from other family members, to remain within a family environment.

407.2

Eligibility: The following types of properties or developments are not eligible for an accessory apartment:

Deed restricted Affordable housing units.

All lots developed under a Comprehensive Permit (Chapter 40B).

Lots with more than one single-family dwelling unit.

407.3

General Standards and Provisions: All accessory apartments shall adhere to the following minimum requirements:

Accessory apartments shall be complete and separate housekeeping units that function independently from a primary single-family dwelling unit and shall include independent sleeping, cooking and sanitary facilities. No variances shall be permitted from this requirement.

Only one accessory apartment per lot shall be allowed. No variance shall be permitted from this requirement.

Dimensional Requirements:

Minimum lot size shall be 10,000 square feet for studio or 1-bedroom accessory apartments. Minimum lot size shall be 15,000 square feet for 2-bedroom accessory apartments.

Lots developed with an accessory apartment shall not exceed the allowable building coverage per section 203.5.

New construction or additions shall not exceed the maximum allowable building height allowed in section 203.4.

New detached accessory structures that include an accessory apartment must meet the dimensional requirements of section 203.5.

Pre-existing, non-conforming structures to be converted to an accessory apartment must receive a special permit as outlined in Section 104.

The expansion to pre-existing, non-conforming structures for an accessory apartment must meet the setback requirements of section 203.5.

An accessory apartment may be located within, or attached to, a principal residential structure or in a detached accessory building on the same lot and shall clearly be subordinate to the principal structure. An accessory apartment shall maintain two separate means of egress.

The accessory apartment shall be designed so that, to the maximum extent practical, the appearance of the property and buildings remains that of a single-family residence and is consistent with the design of the principal single-family dwelling, considering the following: architectural details, roof design, building spacing and orientation, door and window location, and building materials.

An accessory apartment shall contain no more than 2-bedrooms and no variance shall be permitted from this requirement. Studio and 1-bedroom accessory apartments shall have a maximum habitable floor area that is not larger than 50% of the habitable floor area of the principal single family dwelling unit, or 800 square feet, whichever is smaller. Two-bedroom accessory apartments shall have a maximum habitable floor area that is not larger than 50% of the habitable floor area of the principal single family dwelling unit, or 900 square feet, whichever is smaller. Regardless of habitable floor area of the principal dwelling, accessory apartments shall not be less than 350 square feet. Habitable floor area for the principal single family dwelling shall exclude garages, unfinished attics, all basements, common entries, porches and decks. Habitable floor area for accessory apartments shall include all habitable spaces, closets and finished storage.

At least two off-street parking spaces on the premises shall be required for use by residents of the principal dwelling unit and two additional off-street parking spaces shall be required for use by the residents of the accessory apartment. There shall be no parking in existing green space in front of the principal dwelling unit, and no expansion of parking into green space areas in front of the principal dwelling unit. Where appropriate and feasible, new parking and access to the new parking created for this use shall be adequately screened from abutting properties through existing vegetation, new plantings, or fencing.

All stormwater runoff from new impervious parking areas and new structures associated with the accessory apartment shall be retained on the property.

An accessory apartment is not intended for sale and shall not be held in separate ownership from the principal structure/dwelling unit nor placed in a condominium form of ownership.

10.

Site plans (including parking locations and any proposed landscaping), and floor plans are required for all accessory apartments. In addition, architectural plans showing elevations and building materials shall be provided for any additions or new construction.

11.

The owners of the principal structure shall occupy, as their primary residence, either the principal dwelling unit or the accessory apartment. If the owner intends to occupy the accessory apartment rather than the principal structure, the principal structure will then be designated as the "accessory apartment" for the purposes of this bylaw. The owner-occupied unit shall not be rented in any manner.

12.

All accessory apartments shall be for year-round use by tenants who will be making the accessory apartment their primary residence. All lease agreements shall be for a minimum of twelve (12) consecutive months with no seasonal or Short-Term Rentals and no subletting or room rentals.

13.

No commercial uses shall be allowed within an accessory apartment except for those meeting the Definitions of Home Offices, and Home Occupations per Section 416.

14.

An accessory apartment shall adhere to all applicable State and local laws regulating new construction or residential use including the State Building Code, the applicable plumbing, electrical, fire, health, sanitary, conservation and historic regulations and bylaws. A Certificate of Occupancy shall be required for all accessory apartments.

407.4

Records and Inspections:

407.4.1

Documentation: The property owner shall be required to file an affidavit with the Building Department annually for rental apartments and every 2-years for apartments used by family members, said affidavit including:

Identifying whether the principal dwelling or the accessory apartment will be used as the principal residence of the owner and not rented in any manner, that the remaining unit will be leased for a period of not less than 12 consecutive months, and the owner will adhere to the requirements of Section 407 of the Zoning Bylaw. A copy of the lease agreement may be required upon request of the Building Commissioner. OR

Identifying whether the principal dwelling or the accessory apartment will be used as the principal residence of the owner and not rented in any manner, that the remaining unit will not be rented as it is being utilized by a family member, with the name and relationship of the family member identified, and the owner will adhere to the requirements of Section 407 of the Zoning Bylaw. A family member shall be related to the owner(s) by blood, marriage or law, or other long-term family-like relationship that is care-giving or parental in nature.

407.4.2

Inspections:

All accessory apartments to be rented shall be registered annually through the Yarmouth Health Department and shall comply with any and all requirements of the Board of Health.

All accessory apartments which are not rented and are used by a family member shall be inspected once every two (2) years by the Building Commissioner for which there may be an additional user fee in the amount set by the Board of Selectmen, payable at the date of inspection.

407.4.3

The Building Commissioner and/or Health Department shall maintain a running, up-to-date log of approved and/or inspected accessory apartments.

407.4.4

Failure to pass inspection or submit annual affidavits may be cause for the Building Commissioner to implement enforcement, including but not limited to a requirement for cessation of the accessory apartment use and removal of cooking, sanitary, sleeping facilities or structural portions previously approved, associated with the addition of the accessory apartment. Zoning Bylaw violations are subject to penalties outlined in Section 101.3.

407.5

Existing Family-Related Accessory Apartments and Affordable Accessory Apartments created before the effective date of this bylaw:

407.5.1

Existing Family-Related Accessory Apartments created before the effective date of this bylaw:

Lawful family-related accessory apartments existing at the effective date of this bylaw may continue under the issued Special Permit and Declaration of Covenants recorded at the Barnstable County Registry of Deeds. The requirements of Section 407.4 - Records and Inspections, shall apply to existing family-related accessory apartments.

The Special Permit and Declaration of Covenants for a family-related accessory apartment may be terminated by the owner(s) provided the family-related accessory apartment is removed and upon a satisfactory inspection by the Building Commissioner.

Lawfully existing family-related accessory apartments may be converted into a rental accessory apartment through a Special Permit from the Zoning Board of Appeals. In this circumstance, the Board of Appeals may waive the General Standards and Provisions of Section 407.3 through the Special Permit but shall not allow for an increase in the accessory apartment size. Upon issuance of a Special Permit, any previously filed Covenants shall be released by the Zoning Board of Appeals with an appropriate recording at the Barnstable Registry of Deeds.

407.5.2

Existing Affordable Accessory Apartments created before the effective date of this bylaw:

Lawful Affordable Accessory Apartments, existing as of the effective date of this bylaw, may continue under the issued Special Permit, Declaration of Covenants and Affordable Housing Restriction recorded at the Barnstable County Registry of Deeds. The requirements of Section 407.4 - Records and Inspections, shall apply to existing Affordable Accessory Apartments.

The Special Permit, Declaration of Covenants and Affordable Housing Restriction for an affordable accessory apartment may be terminated by the owner(s) provided the affordable accessory apartment is removed and upon a satisfactory inspection by the Building Commissioner and in accordance with the Affordable Housing Restriction, as may be applicable.

Lawfully existing Affordable Accessory Apartments may be converted into a rental accessory apartment through a Special Permit from the Zoning Board of Appeals, provided that such conversion is not prohibited by the terms of any affordable housing restriction governing the use of the unit. In this circumstance, the Board of Appeals may waive the General Standards and Provisions of Section 407.3 through the Special Permit but shall not allow for an increase in the accessory apartment size. Upon issuance of a Special Permit, any previously filed Covenants or Affordable Housing Restrictions shall be released with an appropriate recording at the Barnstable Registry of Deeds.

407.6

Transfer Upon Sale:

407.6.1

Accessory Apartments created after the effective date of this bylaw:

The rights and requirements related to a lawfully developed accessory apartment created after the effective date of this bylaw shall transfer upon sale of the property. New property owners shall provide an affidavit to the Building Commissioner per Section 407.4 within 90 days of the sale if the property was transferred with a tenant in place, otherwise, the owners shall provide the affidavit prior to occupying or renting the accessory apartment.

407.6.2

Family-Related Accessory Apartments: The following shall govern the transfer of ownership of Family Related Accessory Apartments in existence prior to the effective date of this bylaw:

The Special Permit for a family-related accessory apartment shall terminate upon the sale of the property or transfer of title to the dwelling unless the new owner(s) record a new Declaration of Covenants at the Barnstable County Registry of Deeds at the time of transfer or within 90 days of the sale, agreeing to abide by the prior restrictions of the Special Permit. The new Declaration of Covenants must contain the endorsement of the Building Commissioner that the family-related accessory apartment and the tenant continue to conform to eligibility requirements. The new Declaration of Covenants shall state that the right to use a family-related accessory apartment may cease upon transfer of title. A copy of the recorded Declaration of Covenants shall be provided to the Board of Appeals, the Building Department and the Board of Health.

If no action is taken by the new owner(s) at the time of transfer or within 90 days of the sale, then the new owner(s) must apply for re-approval of the Special Permit by the Board of Appeals, or complete the conversion of the unit per Section 407.5.

The requirements of Section 407.4 - Records and Inspections, shall apply to existing family-related accessory apartments.

407.6.3

Affordable Accessory Apartments: The transfer of affordable accessory apartments shall, in all respects, comply with any provisions of the affordable housing restriction encumbering the same. Additionally, the following shall govern the transfer of ownership of Affordable Accessory Apartments in existence prior to the effective date of this bylaw:

The Special Permit for an affordable accessory apartment shall terminate upon the sale of the property or transfer of title to the dwelling unless the new owner(s) files on the subject property a new Declaration of Covenants and, as may be necessary, an Affordable Housing Restriction at the Barnstable County Registry of Deeds at the time of transfer or within 90 days of the sale, agreeing to abide by the prior restrictions of the Special Permit and any existing affordable housing restrictions, as may be applicable. In the event a new affordable housing restriction is to be executed and recorded, the following provisions shall apply:

Maximum rents permitted: Affordable accessory apartments shall be rented only to low-income households for periods not less than one year. Maximum rent paid shall be equal to no more than 30% of the theoretical income of a household in the Barnstable-Yarmouth Metropolitan Statistical Area (MSA) earning 70% of the Area Median Income (AMI), as published annually by the U.S. Department of Housing and Urban Development (HUD).

Guidelines for income eligibility: All applicants for occupancy of an affordable accessory apartment shall, at the time of initial rental application, submit to the town, or to the town's agent, all necessary documentation to confirm their eligibility for the unit. Eligible low-income households shall have an income of no more than 80% of the current Area Median Income (AMI) in the Barnstable-Yarmouth Metropolitan Statistical Area (MSA) and assets meeting program guidelines.

All affordable housing restrictions shall be in a form approved by the Town and Town Counsel.

The new Declaration of Covenants must contain the endorsement of the Building Commissioner and the Town's delegated affordable housing inspector that the affordable accessory apartment and the tenant continue to conform to eligibility requirements. A copy of the recorded Declaration of Covenants shall be provided to the Board of Appeals, the Building Department and the Board of Health.

The requirements of Section 407.4 - Records and Inspections, shall apply to existing affordable accessory apartments.

§ 408 Communication antennas, buildings, and towers.

408.1

Purpose. The purpose of this Bylaw is to establish guidelines for the siting of all communication antennas, communication buildings, and communication towers in the Town of Yarmouth.

408.2

Goals. The goals of this Bylaw are to:

To comply with all existing state and federal law and to facilitate the availability of wireless service to the residents of Yarmouth while minimizing adverse visual and environmental effects and impact of communication antennas, communication buildings, and communication towers on the vistas of the community through careful design, siting, and vegetative screening;

Manage the placement of all communication antennas, communication buildings, and communication towers so as to minimize the total number throughout the community, and;

Avoid potential damage to adjacent properties from the failure of communication antennas and communication towers by careful engineering and siting.

408.3

Non-Applicability. This section is not intended to be applicable to equipment accessory and incidental to residential and other business uses, such as satellite dishes under two feet in diameter for television reception, television antennas, or antennas under 75 feet in height used by federally licensed amateur radio operators.

408.4

Special Permit. No communication antennas, communication buildings, or communications towers shall be erected, constructed, installed, without first obtaining a Special Permit from the Board or Appeals. The Board of Appeals may retain a technical expert in the field of RF engineering to review an application. The cost for such a technical expert will be at the expense of the applicant.

Guyed towers, lattice towers, utility towers and monopoles in existence at the time of adoption of this Bylaw may be reconstructed, altered, extended or replaced on the same site by Special Permit, as outlined in Bylaw section 104.3.2. In making such a determination, the Board of Appeals shall also consider whether the proposed reconstruction, alteration, extension or replacement will promote the intentions, goals, and purposed of this bylaw and will create public benefits such as opportunities for co-location, improvements in public safety, and/or reduction in visual and environmental impacts.

408.4.1

The Board of Appeals may alter or waive one or more of the requirements of section 408 if it finds that the alteration or waiver of the requirement(s) will not derogate from the intent of the bylaw.

408.5

Application Procedures.

408.5.1

Application to the Board of Appeals for a Special Permit shall be as outlined in section 103 of this Bylaw.

408.5.2

Site Plan Review, per section 103 of this Bylaw, shall be required prior to application to the Board of Appeals.

408.6

Application Filing Requirements. The following shall be submitted to Site Plan Review and included with an application to the Board of Appeals for all Communications Facilities:

408.6.1

General Filing Requirements. Plans, Per section 103.3.4, are required.

408.6.2

Location Filing Requirements.

Tax map and parcel number of subject property.

Zoning district designation for the subject parcel.

Proposed location of any antenna, mount, tower, mount, or equipment shelter.

Proposed security barrier, indicating type and extent as well as point of controlled entry.

If the application is for a Personal Wireless Service Facility a town-wide map showing other existing Personal Wireless Service Facility in the Town and outside the Town within one mile of its corporate limits.

If the application is for a Personal Wireless Service Facility, a plan showing the proposed locations of all existing and future Personal Wireless Service Facilities in the Town on a Town-wide map for this carrier.

408.6.3

Siting Filing Requirements

A one inch equals 40 feet (1"=40') Vicinity Plan showing the following:

Property lines for the subject property.

Property lines of all properties adjacent to the subject property within 300 feet.

Tree cover on the subject property and adjacent properties within 300 feet, by dominant species and average height, as measured by or available from a verifiable source.

Outline of all existing buildings and accessory structures, including purpose (e.g. residential buildings, garages, accessory structures, etc.) on subject property and all adjacent properties within 300 feet.

Proposed location of antenna, mount and equipment shelter(s).

Proposed security barrier, indicating type and extent as well as point of controlled entry.

Location of all roads, public and private, on the subject property and on all adjacent properties within 300 feet including driveways proposed to serve the Communications Facility.

Distances, at grade, from the proposed Communications Facility to each building on the vicinity plan.

Contours at each two feet above mean sea level for the subject property and adjacent properties within 300 feet.

All proposed changes to the existing property, including grading, vegetation removal and temporary or permanent roads and driveways.

Representations, dimensioned and to scale, of the proposed mount, antennas, equipment shelters, cable runs, parking areas and any other construction or development attendant to the Communications Facility.

Lines representing the sight line showing viewpoint (point from which view is taken) and visible point (point being viewed) from "Sight Lines" sub-section below.

Sight lines and photographs as described below:

Sight line representation. A sight line representation shall be drawn from any public road within 300 feet and the closest facade of each residential building (viewpoint) within 300 feet to the highest point (visible point) of the Communications Facility. Each sight line shall be depicted in profile, drawn at one inch equals 40 feet. The profiles shall show all intervening trees and buildings. In the event there is only one (or more) residential building within 300 feet there shall be at least two sight lines from the closest habitable structures or public roads, if any.

Existing (before condition) photographs. Each sight line shall be illustrated by one four-inch by six-inch color photograph of what can currently be seen from any public road within 300 feet.

Proposed (after condition). Each of the existing condition photographs shall have the proposed Communications Facility superimposed on it to show what will be seen from public roads if the proposed Communications Facility is built.

Visual Impact. Photographic simulations from a distance of one hundred, one thousand, and five thousand feet and from four different locations of approximately ninety degrees apart of the proposed Communication Facility.

Siting elevations, or views at-grade from the north, south, east and west for a 50-foot radius around the proposed Communications Facility plus from all existing public and private roads that serve the subject property. Elevations shall be at either one-quarter inch equals one foot or one-eighth inch equals one foot scale and show the following:

Antennas, mounts and equipment shelter(s), with total elevation dimensions and AGL of the highest point.

Security barrier. If the security barrier will block views of the personal wireless service facility, the barrier drawing shall be cut away to show the view behind the barrier.

Any and all structures on the subject property.

Existing trees and shrubs at current height and proposed trees and shrubs at proposed height at time of installation, with approximate elevations dimensioned.

Grade changes, or cuts and fills, to be shown as original grade and new grade line, with two-foot contours above mean sea level.

408.6.4

Design Filing Requirements.

Equipment brochures for the proposed Communications Facility such as manufacturer's specifications or trade journal reprints shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any.

Materials of the proposed Communications Facility specified by generic type and specific treatment (e.g., anodized aluminum, stained wood, painted fiberglass, etc.). These shall be provided for the antenna, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any.

Colors of the proposed Communications Facility represented by a color board showing actual colors proposed. Colors shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any.

Dimensions of the Communications Facility specified for all three directions: height, width and breadth. These shall be provided for the antennas, mounts, equipment shelters, and security barrier, if any.

Appearance shown by at least two photographic superimpositions of the Communications Facility within the subject property. The photographic superimpositions shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any, for the total height, width and breadth.

Landscape plan including existing trees and shrubs and those proposed to be added, identified by size of specimen at installation and species.

Within 30 days of the pre-application conference, or within 21 days of filing an application for a Special Permit, the applicant shall arrange for a balloon or crane test at the proposed site to illustrate the height of the proposed facility. The date, time and location of such test shall be advertised in a newspaper of general circulation in the Town at least 14 days, but not more than 21 days prior to the test.

If lighting of the site is proposed, the applicant shall submit a manufacturers computer-generated point-to-point printout, indicating the horizontal footcandle levels at grade, within the property to be developed and twenty-five (25) feet beyond the property lines. The printout shall indicate the locations and types of luminaries proposed.

408.6.5

Noise Filing Requirements.

The applicant shall provide a statement listing the existing and maximum future projected measurements of noise from the proposed personal wireless service facilities, measured in decibels Ldn (logarithmic scale, accounting for greater sensitivity at night), for the following:

Existing, or ambient: the measurements of existing noise.

Existing plus proposed Communications Facilities: maximum estimate of noise from the proposed facility plus the existing noise environment.

Such statement shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the Noise Standards of this Bylaw.

408.7

Design.

408.7.1

General. All Communications Facilities shall be designed and sited so as to have the least adverse visual effect on the environment. Only self-supporting monopole type towers are permissible. Lattice towers, or the use of ground anchors and/or guy wires, are prohibited.

All towers and antennas must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal, state, and county government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and/or antennas governed by this ordinance shall bring such towers and/or antennas into compliance with such revised standard and regulations within six (6) months of the effective date of such standards and regulations unless a more stringent compliance schedule is mandated by the controlling federal agency. Failure to bring towers and/or antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

408.7.2

Location. No Communications Facility, antenna, or tower may be located in the Town of Yarmouth except as noted in this bylaw.

408.7.2.1

Allowed Areas.

The siting of Personal Wireless Service Facilities shall be allowed in any zoning district, but is especially encouraged on existing structures, where appropriate, and on sites shown on a map entitled "Town of Yarmouth Inventory of Existing Antenna Sites and Possible Antenna Sites," as currently amended. This map may be amended by Town Meeting action.

Communication antennas, buildings, or towers other than those for Personal Wireless Service Facilities (i.e., those not defined in the Telecommunications Act of 1996) shall be allowed, by Special Permit, only on sites shown on a map entitled "Town of Yarmouth Inventory of Existing Antenna Sites and Possible Antenna Sites," as currently amended.

408.7.3

Co-location. If feasible and appropriate, Personal Wireless Service Facilities shall be located on existing structures, including but not limited to buildings, water towers, existing Communications Facilities, utility poles and towers, and related facilities, provided that such installation preserves the character and integrity of those structures. In particular, applicants are urged to consider use of existing telephone and electric utility structures as sites for one or more Personal Wireless Service Facilities. The applicant shall have the burden of proving that there are no existing structures upon which it is feasible to locate.

408.7.3.1

Licensed carriers shall share Personal Wireless Service Facilities and sites where feasible and appropriate, thereby reducing the number of Personal Wireless Service Facilities that are stand-alone facilities. All applicants shall demonstrate a reasonable good faith effort to co-locate with other carriers. Such reasonable good faith effort includes:

A survey of all existing structures that may be feasible sites for co-locating Personal Wireless Service facilities;

Contact with all the other licensed carriers for commercial mobile radio services operating in the County, and;

Sharing information necessary to determine if co-location is feasible under the design configuration most accommodating to co-location.

408.7.3.2

In the event that co-location is found to be not feasible, a written statement of the reasons for the infeasibility shall be submitted to the Board of Appeals. The Board of Appeals may retain a technical expert in the field of RF engineering to verify if co-location at the site is not feasible or is feasible given the design configuration most accommodating to co-location. The cost for such a technical expert will be at the expense of the applicant. The Board of Appeals may deny a Special Permit to an applicant that has not demonstrated a reasonable good faith effort to provide for co-location.

408.7.3.3

If the applicant does intend to co-locate or to permit co-location, the Board of Appeals shall request drawings and studies, at the applicant's expense, which show the ultimate appearance and operation of the Personal Wireless Service Facility at full build-out.

408.7.4

Historic Buildings and Districts.

Any Personal Wireless Service Facilities located on or within an historic structure shall not alter the character-defining features, distinctive construction methods, or original historic materials of the building.

Any alteration made to an historic structure to accommodate a Communications facility shall be fully reversible.

Personal Wireless Service Facilities within the Old King's Highway Regional Historic District shall be concealed within or behind existing architectural features, or shall be located so that they are not discernable from public roads and viewing areas within the district.

The siting of Communications Facilities which are located in the Old King's Highway Regional Historic District require the additional approval of the appropriate authority.

408.7.5

Scenic Landscapes and Vistas.

Personal Wireless Service Facilities shall not be located within open areas that are discernable from public roads, recreational areas, or residential development.

Any Communications Facility that is located within 300 feet of a scenic road, as designated by the town, shall not exceed the height of vegetation at the proposed location. If the facility is located farther than 300 feet from the scenic road, the height regulations described in 408.7.6.1 shall apply.

Personal Wireless Service Facilities shall not be located within the Viewshed as designated and located in the VCOD.

408.7.6

Dimensional Requirements. All Communications Facilities shall comply with the dimensional and setback requirements of Bylaw section 203 (Intensity of Use Regulations).

408.7.6.1

Height, General. Regardless of the type of mount, Personal Wireless Service Facilities shall be no higher than ten feet above the average height of buildings within 300 feet of the proposed facility. Personal Wireless Service Facilities may locate on a building that is legally non-conforming with respect to height, provided that the facilities do not project above the existing building height.

408.7.6.2

Height, Ground-Mounted Facilities. Ground-mounted Personal Wireless Service Facilities shall not project higher than ten feet above the average building height or, if there are no buildings within 300 feet, these facilities shall not project higher than ten feet above the average tree canopy height, measured from ground level (AGL). In no case may height exceed 200 feet above ground level.

408.7.6.3

Height, Side- and Roof-Mounted Facilities. Side- and roof-mounted Personal Wireless Service Facilities shall not project more than ten feet (10') above the height of an existing building nor project more than ten feet above the height limit of the zoning district within which the facility is located. Personal Wireless Service Facilities may locate on a building that is legally non-conforming with respect to height, provided that the facilities do not project above the existing building height.

408.7.6.4

Height, Existing Structures. New antennas located on any of the following structures existing on the effective date of this bylaw shall be exempt from the height restrictions of this bylaw provided that there is no increase in height of the existing structure as a result of the installation of a Communications Facility: guyed towers, lattice towers, and monopoles.

408.7.6.5

Height, Existing Structures, (Utility). New antennas located on any of the following existing structures shall be exempt from the height restrictions of this bylaw provided that there is no more than a twenty foot (20') increase in the height of the existing structure as a result of the installation of a Communications Facility: electric transmission and distribution towers, water towers, telephone poles and similar existing utility structures. This exemption shall not apply in the Old King's Highway Regional Historic District, within 300 feet of the right-of-way of any scenic roadway.

408.7.6.6

Microwave antennas exceeding 12 inches in diameter on a roof or building-mounted facility shall not exceed the height of the structure to which they are attached, unless fully enclosed.

408.7.7

Parking Requirements. All Communications Facilities must meet the parking and buffer requirements of Bylaw section 301 (Parking and Loading Requirements).

408.7.8

Fall Zones. Communications towers, whether free-standing or part of another structure or building, must be set back from all property lines by at least the total height of the tower structure and its appurtenances.

408.7.9

Aesthetics.

408.7.9.1

Landscaping. Existing mature tree growth and natural land forms on sites shall be preserved to the maximum extent possible. Screening for sites buffers and parking lots must meet the criteria outlined in section 301 Parking and Loading. In addition, the base of communication towers shall be screened from view by a minimum four (4) foot wide planting strip maintained with densely planted shrubs not less than six (6) feet in height. Shrubs shall be at least seventy-five percent (75%) evergreens. Fences or walls may be a part of such screening where deemed necessary, as approved by the Site Plan Review Team. In locations where the visual impact of communications towers would not be an issue, these requirements may be reduced or waived by the Building Commissioner upon unanimous vote by the Site Plan Review Team.

408.7.10

Color and Camouflage.

408.7.10.1

Color. Communications towers and antennas shall maintain a light gray or light blue finish, unless otherwise required by the Board of Appeals. Communication towers and/or antennas installed on an existing building or structure shall be camouflaged to match the building or structure to which they are attached or the background against which they are most commonly seen.

408.7.10.2

Camouflage by Existing Buildings or Structures:

When a Communications Facility extends above the roof height of a building on which it is mounted, a reasonable good faith effort shall be made to conceal the facility within or behind existing architectural features to limit its visibility from public ways. Facilities mounted on a roof shall be stepped back from the front facade in order to limit their impact on the building's silhouette.

Communications Facilities which are side mounted shall blend with the existing building's architecture and shall be painted or shielded with material which is consistent with the design features and materials of the building.

408.7.10.3

Camouflage by Vegetation: If Communications Facilities are not camouflaged from public viewing areas by existing buildings or structures, they shall be surrounded by buffers of dense tree growth and understory vegetation in all directions to create an effective year-round visual buffer. Ground-mounted Personal Wireless Service Facilities shall provide a vegetated buffer of sufficient height and depth to effectively screen the facility. Trees and vegetation may be existing on the subject property or installed as part of the proposed facility or a combination of both. The Board of Appeals shall determine the types of trees and plant materials and depth of the needed buffer based on site conditions.

408.7.11

Lighting and Signage.

Communications Facilities shall be lighted only if required by the Federal Aviation Administration (FAA). Lighting of equipment structures and any other facilities on site shall be shielded from abutting properties. There shall be total cutoff of all light at the property lines of the parcel to be developed, and footcandle measurements at the property line shall be 0.0 initial foot candles when measured at grade.

Signs shall meet the design and display criteria of Bylaw section 303.

All ground mounted Communications Facilities shall be surrounded by a security barrier, where appropriate and necessary.

408.7.12

Equipment Shelters. Equipment shelters for Communications Facilities shall be designed consistent with one of the following design standards:

Equipment shelters shall be located in underground vaults; or

Equipment shelters shall be designed consistent with traditional Cape Cod architectural styles and materials, with a roof pitch of at least 10/12 and wood clapboard or shingle siding; or

Equipment shelters shall be camouflaged behind an effective year-round landscape buffer, equal to the height of the proposed shelter, and/or a fence. The Board of Appeals (and/or the Old King's Highway Regional Historic District Committee) shall determine the style of any fencing and landscape buffer that is compatible with the neighborhood.

408.7.13

Environmental Standards.

408.7.13.1

The location of any Communications Facility in or near wetlands is subject to the Wetlands Protection Regulations of the Yarmouth Conservation Commission.

408.7.13.2

The handling, storage, or disposal of hazardous materials is subject to Yarmouth Board of Health regulations and, when applicable, section 406 of this Bylaw.

408.7.13.3

Ground-mounted equipment for Personal Wireless Service Facilities shall not, during normal operation, generate noise in excess of 50 db (non-continuous) at the property line.

408.7.13.4

Roof-mounted or side-mounted equipment for Personal Wireless Service Facilities shall not, during normal operation, generate noise in excess of 50 db (non-continuous) at ground level at the base of the building closest to the antenna.

408.7.14

Safety Standards.

408.7.14.1

Radio-frequency Radiation (RFR) Standards. All equipment proposed for a Communications Facility shall be authorized per the FCC Guidelines for Evaluating the Environmental Effects of Radio-frequency Radiation (FCC Guidelines).

408.8

Accessory Equipment Storage. Mobile or immobile equipment not used in direct support of a Communications Facility shall not be parked on site unless repairs are being made to said facility.

408.9

Leases. No Special Permit granted under this section shall be effective for town-owned property used for the construction of a Communication Facility until a lease setting forth the particular terms, conditions, and provisions have been executed by the applicant and the Town of Yarmouth.

408.10

As-Built Plans. Within 60 days of completion of the initial construction and/or any additional construction or reconstruction, the owner or franchisee of any Communications Facility shall furnish 2 complete sets of plans, drawn to scale and stamped by a Registered Professional Land Surveyor, depicting the location of all towers and appurtenant facilities.

408.11

Inspection. At least every 24 months, all communication towers shall be inspected by an expert who is regularly involved in the maintenance, inspection, and/or erection of communication towers. At a minimum, this inspection shall be conducted in accordance with the tower inspection check list provided in the Electronics Industries Association (EIA) Standard 222, "Structural Standards for Steel Antenna Towers and Antenna Support Structures" and the State Building Code. A copy of each such inspection record shall be provided to the Building Commissioner. The town may retain a technical expert in the field of RF engineering, at the expense of the carrier, to verify the inspection report. If, upon inspection, the communication tower fails to comply with such codes and standards, and constitutes a danger to persons or property, then upon notice being provided to the owner of the communication tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. Failure to comply may result in an order to remove such tower at the owner's expense.

408.12

Abandonment or Discontinuation of Use.

408.12.1

At such time that a carrier plans to abandon or discontinue operation of a Communications Facility, such carrier will notify the Building Commissioner by certified U.S. mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the Communications Facility shall be considered abandoned upon such discontinuation of operations.

408.12.2

Upon abandonment or discontinuation of use, the carrier shall physically remove the Communications Facility within 90 days from the date of abandonment or discontinuation of use. "Physically remove" shall include, but not be limited to:

Removal of antennas, mount, equipment shelters and security barriers from the subject property;

Proper disposal of the waste materials from the site in accordance with local and state solid waste disposal regulations, and;

Restoring the location of the Communications Facility to its natural condition, except that any landscaping and grading shall remain in the after-condition.

408.12.3

If a carrier fails to remove a Communications Facility in accordance with this section of this Bylaw, the Town shall have the authority to enter the subject property and physically remove the facility. The Board of Appeals may require the applicant to post a bond at the time of construction to cover costs for the removal of the Communications Facility in the event the Town must remove the facility.

§ 410 Adult uses.

410.1

Authority, Purpose and Intent.

410.1.1

This bylaw is enacted pursuant to M.G.L., Chapter 40A, Section 9A and pursuant to the Town's authority under Home Rule Amendment to the Massachusetts Constitution. It is the purpose and intent of this bylaw to address and mitigate the secondary effects of the Adult Entertainment Enterprises and sexually oriented businesses referenced and defined herein. Such secondary effects have been shown to include increased crime, adverse impacts on public health, adverse impacts on the business climate of the Town, adverse impacts on the property values of residential and commercial properties, and adverse impacts on the quality of life in the Town, all of which secondary impacts are adverse to the health, safety and general welfare of the Town of Yarmouth and its inhabitants.

410.1.2

The provisions of this bylaw have neither the purpose nor intent of imposing a limitation or restriction on the content of any communicative matter or materials, including sexually oriented matter or materials. Similarly, it is not the purpose or intent of this bylaw to restrict or deny access by adults to Adult Entertainment Enterprises and to sexually oriented matter or materials protected by the Constitutions of the United States of America and of the Commonwealth of Massachusetts, nor restrict or deny rights that distributors or exhibitors of such matter or materials may have to sell, rent, distribute, or exhibit such matter or materials. Neither is it the purpose or intent of this bylaw to legalize the sale, rental, distribution, or exhibition of obscene or other illegal matter or materials.

410.1.3

Nothing in this bylaw is intended to authorize, legalize, or permit the establishment, operation, or maintenance of any business, building, or use which violates any Town Bylaw or Statute of the Commonwealth of Massachusetts regarding public nuisances, sexual conduct, lewdness, or obscene, or harmful matter, or the exhibition or public display thereof.

410.1.4

If any section, subsection, sentence, clause, phrase or any portion of this bylaw is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this bylaw.

410.2

Rules and Application Requirements.

410.2.1

No Special Permit shall be granted by the Board of Appeals for an Adult Entertainment Enterprise unless the following conditions are satisfied:

The Board of Appeals shall be the Special Permit granting authority. The application requirements and procedures shall be conducted pursuant to sections 102 and 103 of this Zoning Bylaw.

No Special Permit shall be issued to any applicant, if any applicant, principal(s), or manager(s) have been convicted of violating the provisions of M.G.L., chapter 119, section 63, or Chapter 272, section 1 through 35A, or equivalent statues in other jurisdictions. Application shall include authorization for the Board of Appeals to confirm criminal record information through the appropriate authorities.

No Special Permit shall be granted pursuant to this section unless the Board of Appeals shall have made detailed findings, in addition to the findings required by section 103 of this bylaw, based upon the required submissions in the following subsections d and e and in section 103 of this bylaw that:

the specific site is an appropriate location for such use located in the Adult Entertainment District (AED);

the use, as developed and carried on, will not adversely affect the neighboring properties or people;

the use, as developed and carried on, will not create a nuisance or serious hazard to vehicles or pedestrians traveling into, out of, or about the premises, and;

the use, as developed, shall provide adequate and appropriate facilities for its proper operation, taking into account the public health and welfare of its patrons and the surrounding environs of the property.

In addition to the submittal requirements outlined in section 103 of this Bylaw, each applicant for a Special Permit under this section shall submit:

a security plan detailing how the property will be policed so as to avoid unruly and/or illegal activities from taking place upon the applicant's property and to deter and prevent incidents of vandalism, loitering, and other associated activities upon its property;

a plan to protect adjacent or neighboring properties against noise, glare, unsightliness, or other objectionable features, and;

evidence that the adult entertainment establishment will not generate excessive noise, or other objectionable characteristics off the premises, so as to create a disturbance and nuisance to adjacent or other neighboring properties.

No pictures, publications, videotapes, movies, covers, or other implements, items, or advertising that fall within the definition of Adult Entertainment Enterprise merchandise or are erotic, prurient, or related to sadism, or sexual exploitation shall be displayed in the windows of, or on the building of any Adult Entertainment Enterprise, or be visible to the public from pedestrian sidewalks or walkways or from other areas, public or semi-public, outside of such establishment.

A Special Permit issued under this section shall lapse upon any transfer of ownership or legal interest or change in contractual interest in the subject premises or property. The Special Permit may be renewed thereafter only in accordance with the procedures outlined in section 410.2.

Special Permits issued hereunder shall lapse unless substantial use thereof is made within six (6) months of being granted, exclusive of the time, if any, consumed during any appeals pursuant to M.G.L. ch. 40A, sect. 17, except for good cause shown. Any application for an extension of this period shall be filed prior to the lapse of the Special Permit.

As provided in M.G.L., chapter 40A, section 9A, any pre-existing Adult Entertainment Enterprise shall, within 90 days of the final approval of this bylaw, or any subsequent amendment hereof, apply for and secure any Special Permits which would be required hereunder. Any such Adult Entertainment Enterprise which does not secure such permits shall be considered to be in violation of this bylaw.

All other applicable provisions of the Yarmouth Zoning Bylaw shall also apply.

§ 411 Revitalization Overlay Architectural District.

411.1

Goals & Purposes.

411.1.1

The Town of Yarmouth is an historic seaside village. Many of the attributes associated with Old Cape Cod have been overlooked in the course of developing the town's business zones. Any rehabilitation and/or development of existing business properties should be consistent with the preservation and enhancement of the community's innate charm and beauty.

The intent of this ROAD is to provide a carefully controlled mechanism that promotes business opportunities through the use and reuse of business properties while preserving and enhancing the ambiance of our historic community.

411.1.2

Development incentives, such as compact land uses, different parking requirements, mixed uses, and adjusted lot dimensional requirements may be desirable to encourage commercial and business owners and developers to upgrade the quality of their sites and buildings and proposed developments, but such land uses should require owners and/or developers to submit to a high standard of site and building architectural review. This process promotes quality development and redevelopment, that reflects Yarmouth's seaside location, historic background, and natural environment. All development under this section shall be consistent with the Yarmouth Architectural and Site Design Standards, as established by the Yarmouth Planning Board. Substantial adherence, as determined by the Planning Board, to the Yarmouth Architectural and Site Design Standards shall be compulsory.

411.2

Objectives. The objectives of this section are:

to respect and accomplish the intent and purposes of the Yarmouth Zoning Bylaw underlying this ROAD District;

to encourage the development and redevelopment of sites and buildings within commercial districts through the incentive of zoning flexibility. If new development is proposed on a site where existing building(s) are to remain, then no approval shall be granted unless the existing building(s) and the entire site are redeveloped and revitalized to meet the criteria of the Yarmouth Architectural and Site Design Standards;

to require, in exchange for said flexibility, submission to design standard review so as to further encourage variety and choice within commercial and business development, to further encourage mixed commercial, business and residential uses, to stimulate economic development and, to further encourage the construction of projects with Historic, Seaside, Village, Colonial, and/or Old Cape Cod style themes and designs, while preserving and protecting Yarmouth's natural environment and aesthetic values.

411.3

Applicability. The district shall be superimposed over that property or lots which are within the B1, B2, or B3 zoning districts south of Route 6. Projects developing or redeveloping under Section 414, VCOD, shall not be permitted to submit a proposal under the Revitalization Overly Architectural District.

411.3.1

Voluntary Submission. Submission to this ROAD zoning district shall be voluntary. Any applicant for a development permit, as contemplated by this zoning bylaw, for property on lot(s) located within this ROAD district may choose to voluntarily submit a ROAD proposal, for a development or redevelopment project, rather than to the requirements of the B1, B2 or B3 zoning districts.

411.3.2

ROAD District Development Special Permit. The Board of Appeals, by Special Permit, may grant ROAD District Development Special Permit approval, with or without conditions, and within said Special Permit, the Board of Appeals may waive any portion of these zoning bylaw sections: 202, 203, 301, 303, 402, and 407 (except as set forth in section 411.3.3 hereof) if an applicant:

submits in accordance with this ROAD district section;

meets the criteria for the grant of a Special Permit as set forth in section 103.2;

completes the process of site plan review, if applicable, as set forth in section 103.3;

meets the criteria for approval pursuant to section 411.5, and;

receives approval of the Planning Board pursuant to section 411.6.

411.3.3

Waiver Limitations. The following portions of sections 202 and 203 shall not be waived by the Board of Appeals by Special Permit granted pursuant to this section, (except by Variance):

section 202.5 Use Regulation Table:

A7. Hotel and motel shall not be applicable to the provisions of this Bylaw section.

A8. Mobile home use being "no" in all districts shall not be waived;

A9. Mobile home park use being "no" in all districts shall not be waived;

A12. Multi-family shall not be applicable to the provisions of this Bylaw section for any project in the B3 Business Zone. In the B1 and B2 Business Zones, only mixed-use projects shall be allowed where the residential component is not more than 50% of a project's total building floor area.

Footnote #8. Provided that all but minor work and storage shall be conducted within a building sufficiently sound-insulated to confine disturbing noise to the premises;

Footnote #9. Provided that such use is not hazardous by reason of potential fire, explosion radiation nor injurious or detrimental to the neighborhood by reason of dust, odor, fumes, noise, vibration, or other noxious objectionable features, nor harmful to surface or ground water, and;

Footnote #16. Subject to the provisions of section 406, Aquifer Protection Overlay District.

Section 203.4.1 Building height, shall not be waived.

411.3.4

Permit Modification and Enforcement. Once granted hereunder, a ROAD District Development Special Permit or Special Permit with conditions may not be modified without further grant of a Special Permit, including prior approval by the Planning Board pursuant to section 411.6. Planning Board approval of a proposed modification shall not be necessary if the Site Plan Review Team unanimously determines that there is no substantial architectural change. Any ROAD District Development Special Permit and any conditions imposed therewith shall be strictly enforced by the Building Commissioner pursuant to section 101.

411.4

General Application Procedures.

411.4.1

Application. Applicants for an approval under this section shall submit to the Planning Board the following:

completed application;

eleven (11) copies of the development plan (which shall be distributed as follows: one (1) to the Town Clerk, seven (7) to the Planning Board, one (1) to the Planning Department, one (1) to the Community and Economic Development Committee and one (1) to the Design Review Committee, and;

a site plan review report

411.4.2

ROAD District Development Plan. The overall development plans for any development under this section shall include:

all information required for a site plan review, as outlined in bylaw section 103.3.4;

a landscape plan;

a sign design plan;

a statement, by the applicant, of economic and other benefits to the town;

an abutters list, and;

the application fee in an amount set by the Planning Board.

411.5

Criteria for approval. The Planning Board when considering approval of a ROAD District Development Plan and the Board of Appeals when considering a petition for a Special Permit for a ROAD District Development Plan shall consider the following criteria, standards, objectives and recommendations:

General Criteria. All proposals shall be reviewed according to the following general criteria. These criteria are evaluated under the discretion of the Planning Board, and a proposal need not necessarily satisfy all criteria in order to receive the approval of any of the reviewing boards or authorities.

site plan review objectives pursuant to section 103.3.1;

the criteria, standards and objectives of design review pursuant to section 103.3.3.1;

the goals, purpose and objectives of this section 411;

the economic benefits of the proposed development;

the recommendations of the Site Plan Review team and the Community and Economic Development Committee;

supplementary ROAD District standards:

(1.)

architectural styles. Site, elevation, landscape, and sign plans (plans shall be drawn in the context of one (or a mixture of) the following styles: Historic, Seaside Village, Colonial, and/or Old Cape Cod (style) which shall have their common and ordinary meaning. Portions of the overall plans may include contemporary design where necessary for public health and safety or to eliminate architectural barriers;

(2.)

design. Plans shall be evaluated in the context of the findings, objectives and criteria set forth in this section 411;

(3.)

intrinsic or reproduction style value and significance;

(4.)

aesthetic and/or artistic quality of the style;

(5.)

balance and mixture within the general style design of factors to include, but not limited to:

relative size and setting;

color;

material, and;

arrangement;

(6.)

respect for the need to balance economic well being and stability, economic growth, and employment with protection of the natural environment.

(7.)

balance. The benefits of the ROAD District development plan shall outweigh its detriments. Further, the benefits of any deviation or relief from the underlying zoning bylaw shall outweigh any detriments as determined by the Planning Board.

Mandatory Criteria: In order to grant a Special Permit hereunder the Board of Appeals must find that the ROAD District Development as proposed satisfies the following criteria:

those criteria as set forth for the grant of a Special Permit pursuant to section 103;

that the goals, purpose and objectives of the ROAD district bylaw will be accomplished;

that the project as a whole substantially accomplishes the purposes of the underlying zoning bylaw;

that the benefits to the neighborhood, district and Town from the ROAD District development's approval under this bylaw section 411 outweigh the effects of any deviation or relief from the requirements of the underlying zoning bylaw, and;

the architectural and site designs of the proposed development plan is as previously approved by the Planning Board, pursuant to 411.6.

411.6

Decision of the Planning Board. The Planning Board shall consider the application for approval of a ROAD District Development Plan and grant its approval or disapproval after a duly advertised public meeting of the Planning Board within forty five (45) days of the filing of the application and plan with the Town Clerk and the Planning Board. The plan must be approved by a majority of the Planning Board membership. In no case may the Planning Board approve a plan with less than 3 affirmative votes. If the Planning Board fails to grant approval or render disapproval of the application and plan within said forty five (45) day period the application and plan shall be deemed disapproved without prejudice. Said requirement of approval or disapproval within forty five (45) days of filing with the Town Clerk and the Planning Board, may be extended by written agreement between the Planning Board and the applicant. If the Planning Board disapproves an application, it is incumbent on the applicant to either resubmit a revised ROAD application for approval, or proceed by complying with the Yarmouth Zoning Bylaws. Only after approval by the Planning Board of a ROAD District Development Plan (said approval to be noted by the applicant as an endorsement on said development plan) may the applicant file for a ROAD District Development Special Permit with the Board of Appeals pursuant to section 411.5 and section 103.2.

§ 412 Affordable housing.

412.1

Affordable Housing.

412.1.1

Purpose. The purpose of this bylaw is to increase the supply of housing that is available and permanently affordable to low or moderate income households.

It is intended that the affordable housing units created under this bylaw qualify as low or moderate income units for purposes of M.G.L. ch. 40B, sec. 20-23 and shall be in compliance with 760 CMR 56.00 the Local Initiative Program (LIP) and meet the guidelines and standards promulgated thereunder by the Department of Housing and Community Development (DHCD) for inclusion in the DHCD Ch 40B Subsidized Housing Inventory as Local Action Units.

Nothing in this bylaw shall preclude a developer from providing more affordable housing units than required hereunder.

412.1.2

Applicability. This bylaw section is applicable to affordable housing units created in accordance with Bylaw sections 404 Motels, 414 Village Centers Overlay District, 412.2 Inclusionary Zoning, 412.5 Affordable Lots or by a Special Permit Granting Authority. This bylaw does not apply to affordable dwelling units created with a Comprehensive Permit.

412.1.3

Preservation of Affordability & Restrictions. Each affordable housing unit shall be subject to an encumbrance such as an affordable housing restriction and/or regulatory agreement as defined by M.G.L., ch. 184, sec. 31 and as approved by the Town which shall ensure that the affordable housing shall be affordable in perpetuity. The affordable housing restriction and/or a regulatory agreement shall be, recorded at the Barnstable County Registry of Deeds and shall be in force in perpetuity, or for the maximum period of time allowed by law, so as to be binding on and enforceable against any person claiming an interest in the property and shall conform to the following:

The affordable housing restriction shall meet the requirements of the Local Initiative Program (LIP), 760 CMR 56.00 Local Initiative Program (LIP) and guidelines promulgated thereunder. The affordable housing restriction shall have seniority to any encumbrance on the property which would put at risk the perpetual nature of this restriction. The developer shall submit to the Town a title search and certification by counsel whose selection shall be approved in advance by the Town that demonstrates the seniority of the affordable housing restriction and regulatory agreement;

Affordable housing rental units shall be rented only to a qualified low or moderate income household at a rent not to exceed the maximum affordable rent established under the DHCD requirements and guidelines under LIP;

Initial sale of an affordable housing unit shall be made to a qualified low or moderate income household at a sale price not to exceed the maximum affordable sale price established under the DHCD requirements and guidelines under LIP;

Subsequent resale of an affordable housing unit shall be made to a qualified low or moderate income household, at a sale price based on the initial discount rate, formula or description of the resale price applied to the initial sale of the unit, which shall be recorded at the time of sale. This resale formula or description shall be applied to any subsequent resale of the unit and shall meet the requirements and guidelines of the Local Initiative Program;

A right of first refusal upon the transfer of an affordable unit shall be granted to the Town or its designee for a period not less than 120 days after notice thereof;

The continuing enforcement of the affordable housing restriction shall be the subject of a monitoring agreement, and;

To the extent possible, any restriction created shall survive any bankruptcy, foreclosure, insolvency or other action and shall not be nullified for any reason.

412.1.4

Selection of Qualified Purchasers or Renters. The selection of qualified purchasers and renters shall be carried out under an affirmative marketing plan approved by DHCD and the Community Housing Committee and which meets the requirements of the DHCD Local Initiative Program. The affirmative marketing plan shall describe how the affordable housing units will be marketed to potential homeowners or renters. The affirmative marketing plan shall describe the lottery or other process to be used for selecting buyers or renters. The marketing plan must describe how the developer will accommodate local preference, if any, established by the Town, in a manner that complies with the nondiscrimination in tenant or buyer selection guidelines of the Local Initiative Program.

412.1.5

Local Preference. To the extent permissible by law, local preference will apply to the selection of tenants and purchasers of affordable dwelling units. Local Preference Criteria is set by the Community Housing Committee and approved by the Select Board.

412.1.6

Income Verification. Potential purchasers of affordable housing units are required to submit, at a minimum, copies of the last three years federal and state income tax returns, and to verify, in writing, prior to purchasing the unit, that his and/or her household income does not exceed the maximum allowed.

412.1.7

Location of affordable housing units. The affordable housing units shall be dispersed throughout a development. For multi-family developments, affordable housing units shall be dispersed throughout the buildings and the floors of each building such that no single building or floor therein has a disproportionate percentage of affordable housing units.

412.1.8

Comparability of affordable housing units. The affordable housing units shall be comparable to market-rate dwelling units in exterior building materials and finishes, overall construction quality, and energy efficiency, including mechanical equipment, plumbing, insulation, windows and heating and cooling systems. In addition:

When the affordable housing units are detached-single family dwellings, the affordable housing units shall be similar in size to the market-rate detached single-family dwellings in the development unless the Planning Board grants a Special Permit to authorize smaller units, and;

In any two-family or in any multi-family dwelling, the affordable housing units may differ from market-rate units in gross floor area, provided that the bedroom mix in affordable housing units shall be generally proportional to the bedroom mix in market-rate units, unless the Planning Board grants a Special Permit to authorize a different mix for the affordable housing units.

412.1.9

Timing of Issuance of Building Permits, Construction and Certificates of Occupancy.

No Building Permit shall be issued by the Building Commissioner for any project which contains affordable dwelling units until the affordable dwelling units have been shown to qualify as low or moderate income units for purposes of M.G.L., ch. 40B, sec. 20-23 and have been approved by the DHCD as eligible for the DHCD Ch 40B Subsidized Housing Inventory under 760 CMR 56.00, the LIP Program, as Local Action Units. The developer shall be responsible for preparing and complying with any documentation that may be required by the DHCD and the Town to qualify the affordable housing units for listing in the Chapter 40B Subsidized Housing Inventory.

No Building Permit shall be issued by the Building Commissioner for a rental development with affordable housing units until a regulatory agreement and monitoring agreement has been approved by the Community Housing Committee and Select Board and has been duly executed and recorded at the Barnstable County Registry of Deeds.

No Certificate to Occupy shall be issued by the Building Commissioner for a homeownership or rental affordable housing unit until the developer submits an affordable housing restriction, monitoring agreement and regulatory agreement that has been approved by the Community Housing Committee and Select Board, and the regulatory agreement has been duly executed and recorded at the Barnstable County Registry of Deeds.

In the event no building permits are required, then no Certificate to Occupy shall be issued by the Building Commissioner for any project which contains affordable dwelling units until the affordable dwelling units have been shown to qualify as low or moderate income units for purposes of M.G.L., ch. 40B, sec. 20-23 and have been approved by the DHCD as eligible for the DHCD Ch 40B Subsidized Housing Inventory under 760 CMR 56.00, the LIP Program, as Local Action Units. The developer shall be responsible for preparing and complying with any documentation that may be required by the DHCD and the Town to qualify the affordable housing units for listing in the Chapter 40B Subsidized Housing Inventory.

At a minimum, every third unit out of four issued a Certificate to Occupy by the Building Commissioner shall be an affordable unit. Compliance with this regulation shall be determined on the basis of Certificates to Occupy for the affordable housing units and the market-rate units. The affordable unit(s) will not be the last to be built in any development.

412.2

Inclusionary Zoning.

412.2.1

Purpose. The purpose of this bylaw is to increase the supply of housing that is available and permanently affordable to low or moderate income households by requiring a portion of new dwelling units be restricted as affordable housing units and to promote geographic distribution of affordable housing units throughout the Town.

It is intended that the affordable housing units created under this bylaw qualify as low or moderate income units for purposes of M.G.L., ch. 40B, sec. 20-23 and shall be in compliance with 760 CMR 56.00 the Local Initiative Program (LIP) and meet the guidelines and standards promulgated there under by the Department of Housing and Community Development (DHCD) for inclusion in the DHCD Ch 40B Subsidized Housing Inventory as Local Action Units.

412.2.2

Applicability.

The inclusionary zoning provisions of this bylaw are applicable to:

Any project that results in a net increase of five (5) or more residential dwelling units, whether by new construction or by the alteration, expansion, reconstruction, or change of existing residential or non-residential space, including mixed used developments/redevelopments, and/or;

Any subdivision of land for development that results in a net increase of five (5) or more dwelling units.

This bylaw section is not applicable to:

1.	Congregate Living Housing as defined in Bylaw section 402;
2	Properties subject to the provisions of Bylaw section 404, the Motel Bylaw, or;
3.	Pre-existing, legal housing that is merely being rehabilitated or repaired, provided there is no increase in the number of units resulting from said rehabilitation or repair.
4.	Assisted Living Retirement Communities as applicable under Section 414, VCOD, pursuant to Section 202.5 Use Regulation Table (Use P5) and defined in Section 500.

Developments may not be segmented or phased to avoid compliance with this bylaw. For example, the divisions of land that would cumulatively result in an increase by five or more residential lots above the existing on a parcel of land or contiguous parcels in common ownership as of May 1, 2009 shall be subject to this bylaw.

412.2.3

Mandatory Provision of affordable housing units. In any development subject to this bylaw, one in five of the dwelling units shall be restricted affordable in perpetuity, as per the following schedule:

Total Number Units Created	Number of Affordable housing units required
1-4	0
5-9	1
10-14	2
15-19	3
20-24	4
25-29	5
30 or more	1 for every 5

This requirement continues even if the total number of units exceeds 29. The affordable housing units must be in compliance with Section 412 of this bylaw.

Affordable units must be constructed or rehabilitated on the locus of the development unless the developer provides the required homeownership units by donation as described in Section 412.3 Off Site Provision of Affordable Housing, or through a cash payment as described Section 412.4 Fees in Lieu or combination thereof.

412.2.4

Bonus Density. Except for cluster subdivision as outlined in Sec 402 of this Bylaw, and for projects developing under VCOD regulations of this bylaw, a bonus density shall be allowed, provided the affordable housing units are restricted in perpetuity. The minimum lot area required in the applicable zoning area may be reduced up to 20% and the side and rear setbacks may be reduced by up to 20% in order to permit up to one additional market rate unit on the property for each affordable unit required by this bylaw. Bonus density shall be allowed when the affordable housing units required are provided offsite by donation or through a payment of fees in lieu of providing the units in the locus of the development. No more than three (3) bonus units shall be allowed per development and no development shall be segmented or phased to avoid compliance with this limit.

412.2.5

No Building Permit shall be issued by the Building Commissioner until the developer has demonstrated that all of the applicable requirements of 412.1 have been met.

412.3

Off Site Provision of Affordable Housing.

412.3.1

Purpose. The purpose of this section is to provide a means by which developers may meet the affordable housing requirements of Section 412.2 by donating an acceptable dwelling unit to the Town in lieu of all or part of the required affordable housing.

412.3.2

Applicability. The provisions of this section shall apply to affordable residential dwelling units created under Section 412.2.

412.3.3

Off Site Provision. Donation of safe and decent fully finished housing units to the Yarmouth Municipal Affordable Housing Trust (Trust), as created under M.G.L., ch. 44, sec. 55C, for the Town's affordable housing program may be made by the developer in lieu of providing the required affordable unit(s) within the locus of the development. In the event that a developer wishes to make such a donation, the developer shall apply to the Zoning Board of Appeals for a Special Permit for permission to do so in accordance with the following provisions.

The off site unit(s) may be newly constructed unit(s) or fully rehabilitated existing unit(s). The off site unit(s) must be substantially comparable in all material respects, including, without limitation, comparability of value, fit, finish, and amenities, to the units within the locus of the development.

If the unit(s) to be donated are not substantially comparable to the unit(s) being replaced in the development, the Zoning Board of Appeals may, in its discretion, require either an additional payment to the Trust of the difference in value between the units within the locus of the development and the off-site unit(s) to be donated, or a donation of additional units, or both, to be used for the creation of affordable housing. All donated unit(s) must be provided in Yarmouth.

For the purpose of determining substantial comparability and value the Zoning Board of Appeals may require that the developer submit one or more appraisal(s) by a Massachusetts Appraisal Institute-qualified appraiser approved in advance by the Zoning Board of Appeals of the properties in question performed at the developer's expense. Donations must be provided per Section 412.1.9.

412.3.4

Affordability. No Building Permit or Certificate to Occupy shall be issued by the Building Commissioner for the development until the developer has demonstrated that all of the applicable requirements of 412.1 have been met.

412.4

Fees in Lieu of Affordable Housing.

412.4.1

Purpose. The purpose of this section is to provide a means by which developers may meet the affordable housing requirements of 412.2, Inclusionary Zoning, by making a payment to the town in lieu of all or part of the affordable housing requirement. Said payment shall be used to create no less than the equivalent number of affordable housing units as would be required under Section 412.2.

412.4.2

Applicability. The provisions of this section shall apply to affordable dwelling units created under the Section 412.2 Inclusionary Zoning Bylaw.

412.4.3

Fees in Lieu of all or part of the affordable housing requirement. Developers of affordable housing units required by Section 412.2 Inclusionary Zoning Bylaw may, by right, make a cash payment to the Yarmouth Municipal Affordable Housing Trust (Trust), as created under M.G.L., ch. 44, sec. 55C, or to a special account established specifically for the creation and preservation of affordable housing, in lieu of providing the required affordable housing units within the locus of the development. Cash payments made to the Town are to be used for the creation of new affordable units by the Town, or its designee, in a manner outlined in the Town's affordable housing plan, as amended.

412.4.4

Agreement. No building permit shall be issued for any project utilizing 412.4 until an agreement specifying, among other items, the fee and fee payment schedule, has been approved by the Trust, and fully executed by the Town and the developer/property owner.

412.4.5

Calculation of cash payment. For each affordable unit not provided within the locus of the development, the fee shall be the difference between the Median Sale Price and the affordable price. The Median Sale Price shall be calculated using current Warren Group data, or other available comparable data acceptable to the Planning Board, adjusted for unit type, where units are considered single-family homes unless located in a multi-family building of two (2) or more units in which case the units shall be considered condominiums. The affordable price shall be calculated by the method approved by the Massachusetts Executive Office of Housing and Livable Communities (HLC) Local Initiative Program (LIP) for a 3-bedroom unit, adjusted for unit type, where units are considered single-family homes unless located in a multi-family building of two (2) or more units in which case the units shall be considered condominiums.

The cash payment amount shall be set on July 1st of each year using the most current Median Sale Price data, and the affordable price calculated by HLC, and shall be fixed for the following 12-month period.

412.4.6

Fee payment schedule. Payment of fees in lieu of affordable housing to the Trust shall be made according to the same schedule found in Section 412.1.9 Paragraph 5, that is, the fee in lieu payment shall be made upon the issuance for every third out of four Certificates of Occupancy by the Building Commissioner.

412.5

Affordable Lots.

412.5.1

Purpose: The purpose of this bylaw is to increase the supply of housing that is available and permanently affordable to low or moderate income households by allowing affordable dwelling units to be build on non-complying lots, provided the lots meet the criteria listed herein.

It is intended that the affordable housing units created under this bylaw qualify as low or moderate income units for purposes of M.G.L. ch. 40B sec. 20-23 and shall be in compliance with 760 CMR 56.00 the Local Initiative Program (LIP) and meet the guidelines and standards promulgated thereunder by the Department of Housing and Community Development (DHCD) for inclusion in the DHCD Ch 40B Subsidized Housing Inventory as Local Action Units.

412.5.2

Applicability. This bylaw applies to lots of record as of January 1, 2009 which do not meet the zoning requirements for a buildable lot. Any increase in tax assessment for an applicable lot shall only occur upon an issuance of a building permit for an affordable single-family dwelling on that applicable lot.

412.5.3

The Building Commissioner may allow construction of a single family home, to be restricted as an affordable homeownership or rental dwelling unit in perpetuity or the maximum time period allowed by law, on an eligible parcel of land that meets the following criteria:

Each lot is within a residential zoning district;

Each lot is vacant of any residential dwelling;

Each lot contains at least 10,000 square feet of upland area;

Each lot satisfies applicable Board of Health requirements;

Each lot satisfies applicable Town of Yarmouth Conservation Commission Wetlands Protection Regulations;

Each lot has a minimum of twenty (20) feet of frontage on a way previously approved by the Planning Board or a public way, having, in the opinion of the Planning Board, sufficient width, suitable grades and adequate construction to provide the needs of vehicular traffic. Lots without suitable frontage may be buildable under this section if there is an adequate recorded access easement of at least twenty (20) feet in width from the lot to a previously approved by the Planning Board or a public way, having, in the opinion of the Planning Board, sufficient width, suitable grades and adequate construction to provide the needs of vehicular traffic and emergency response apparatus;

The applicable side setbacks shall be determined by establishing an average setback based upon the principal structures on the lots immediately adjacent to the lot to be built upon as a separate lot or shall conform to current setbacks. In no case shall the side setbacks be less than ten (10) feet, nor shall a dwelling be built within twelve (12) feet of the any other dwelling. The existing setbacks of principal structures on the lots immediately adjacent to the subject lot must be shown on the plans;

No lot shall be built upon if it was purposely created as an unbuildable lot as part of a subdivision open space or park, or by any other condition or agreement with the Town;

No part of any access driveway shall be within twenty (20) feet of a principle structure on an adjoining lot, and;

10.

No part of any affordable structure shall be placed within 80' of an existing principle structure for those lots where the affordable lot is located behind an existing lot.

412.5.4

The Board of Appeals, as the Special Permit Granting Authority under this section, may grant a special permit to allow construction of a single family home, to be restricted as an affordable homeownership or rental dwelling unit in perpetuity or the maximum time period allowed by law, on a lot less than 10,000 square feet if:

The lot is similar in nature, i.e. in size and shape, to the lots immediately adjacent to the lot to be built upon as a separate lot, and;

The Board finds that such a reduction in size would further the purposes of the bylaw without causing any undue nuisance, hazard or congestion in the Town or neighborhood.

All criteria outlined in section 412.5.3, except the minimum 10,000 square foot requirement of 412.5.3, paragraph 3, must be met for Board of Appeals approval of a lot with an area under 10,000 square feet in size.

412.5.5

Transfer or Sale. The Board of Appeals, as the Special Permit Granting Authority under this section, may allow the lot owner to transfer or to rent the constructed single family home to an income eligible immediate family member (sibling, parent or child), at an affordable price or rent per the applicable standards in Bylaw section 412.1, provided that the unit is restricted in such a way that future transference or leasing to non-family members comply with the applicable affordability requirements in Bylaw section 412.1.

412.5.6

Affordability. No Building Permit or Certificate to Occupy shall be issued by the Building Commissioner until the developer has demonstrated that all of the applicable requirements of 412.1 have been met.

412.5.7

Conditions and Restrictions. The Special Permit Granting Authority may impose conditions and restrictions on the special permit, including, but not limited to, a) restricting the total number of bedrooms or occupants in the dwelling, b) requiring that a Regulatory Agreement and/or Deed Rider, in an acceptable form, be executed and recoded by the applicant, c) such other restrictions or limitations as are considered necessary or appropriate to carry out the intent and purposes of the bylaw.

412.6

Conflicts with other bylaws. The provisions of this bylaw shall be considered supplemental to all other zoning bylaws. To the extent that a conflict exists between this bylaw and others, the more restrictive bylaw, or provision therein, shall apply.

§ 413 Wind energy facilities.

413.1

Residential Wind Energy Systems (RWES) Facilities.

413.1.1

Applicability, Purpose & Intent. This zoning bylaw shall control the siting, installation and use of Residential Wind Energy Systems (RWES) for single or two-family dwellings in residential districts R-87, R-40, RS-40 and R-25. It is the intent of this bylaw to facilitate the use of renewable, sustainable energy while at the same time protecting the public from any adverse effects of residential wind turbines on the character of neighborhoods, property values and the scenic, historic and environmental resources of the town. Residential Wind Energy Systems shall be allowed by right as an accessory to a single or two-family dwelling, except that a special permit shall be required from the Zoning Board of Appeals for the installation of any of the following:

More than one turbine on a single lot;

A RWES that requires an easement;

A RWES that will have an equipment shelter in excess of 150 square feet in floor area or multi-story;

A RWES that serves multiple properties;

A RWES that has a total extended height greater than 125';

Above ground wiring, cables, or power lines.

413.1.2

Siting Requirements.

A RWES located on a residentially zoned lot must have its fall zone located completely within that property's lot lines unless the lot owner is granted a written easement(s) by an abutting property owner(s). Said easement(s) shall be in force at least as long as the turbine is erected and shall be duly recorded at the Barnstable County Registry of Deeds.

The base of the RWES tower shall be set back from all public and private rights-of-way and public utility lines a distance equal to the total extended height plus ten feet. Under no condition shall the RWES interfere with public utility lines or rights of way, public or private.

Anchors for guy wires which support a RWES may be located within building setbacks, as those setbacks are outlined in section 203.5, Table of Dimensional Requirements.

413.1.3

Sound Requirements. Sound produced by the RWES under normal operating conditions shall not exceed 10 dBA above ambient noise, as measured at the property line. Sound produced by the RWES shall conform to MA 310CMR 7.10

413.1.4

Height Limitation. The total extended height of a RWES shall be less than or equal to 125' unless a special permit is granted by the Zoning Board of Appeals.

413.1.5

Access. No climbing foot pegs or ladder rungs shall be allowed below the first twelve (12) feet of a tower in order to prevent unauthorized access.

413.1.6

Equipment Shelter. An accessory structure used exclusively for battery storage pertaining to a RWES shall be no more than 150 square feet in floor area and single story unless a special permit is granted by the Zoning Board of Appeals.

413.1.7

Aesthetics.

Wind turbines, blades, towers and all equipment mounted on towers shall have a white, light gray or light blue non-reflective finish to minimize contrast with sky and clouds.

Lattice towers shall not be allowed.

All electrical wiring, cables and power lines of a RWES shall be placed underground.

413.1.8

Signage. Except for appropriate warning signs, all signs, banners, messages or markings on a wind turbine, tower, building or other structure associated with a RWES shall be prohibited.

413.1.9

Lighting. No illumination of a RWES, or any lighting mounted on a RWES, shall be allowed unless required by the Federal Aviation Administration (FAA).

413.1.10

Inspection. Each RWES shall be inspected every two years by a Registered Professional Structural Engineer who is regularly involved in the maintenance, inspection or erection of wind energy facility towers and other structures. All inspections shall be conducted according to the provisions of 780CMR (MA State Building Code). Structures deemed unsafe shall be cited according to 780CMR and MGL Chapter 143, Sections 6, 7, 8, 9 and 10 "Unsafe Structures" provisions. A copy of each citation shall be provided to the Building Commissioner. As part of this inspection, proof shall also be submitted that the RWES is generating electricity.

If, upon inspection, the RWES is found not to comply with the State Building Code, or is deemed to constitute a danger to persons or property, then upon notice being provided to the owner, the owner shall immediately cease operation of the RWES and shall be granted 60 days in which to bring the system into compliance. A RWES that is not brought into compliance within the allowed time frame shall be deemed abandoned.

If, upon inspection, the RWES is not capable of generating electricity, then upon notice being provided to the owner, the owner shall have 6 months in which to restore the RWES to operating condition. A RWES that has not been restored to operating condition within the allowed time frame shall be deemed abandoned.

413.1.11

Abandonment. If a RWES is deemed abandoned by Section 413.1.10, paragraph 1 or 2, above, then the owner shall be required, at their expense, to remove the RWES from the site within 60 days. Removal of the RWES shall include:

Removal of the tower, turbine, blades, transmission lines, equipment shelters and foundations from the subject property.

Proper disposal of the waste materials from the site in accordance with local and state solid waste disposal regulations.

If a RWES has not been removed within the time frame required by Section 413.1.11, then the town shall be authorized to remove the equipment at the owner's expense and the cost placed as a lien on the property.

413.1.12

Requirements for Building Permit.

Building permit applications for an RWES shall be accompanied by standard drawings of the wind turbine structure and stamped engineering drawings of the tower, base, footings and/or foundations as provided by the manufacturer.

For building mounted turbines, a stamped design prepared by a registered professional engineer shall be provided for the structure on which the turbine shall be mounted.

Electrical permit applications for an RWES shall be accompanied by a line drawing of the electrical components, as supplied by the manufacturer, in sufficient detail to allow for a determination that the manner of installation conforms to the National Electric Code.

Building permit applications for an RWES shall be accompanied by a signed interconnection agreement from the electric utility. Off-grid systems shall be exempt from this requirement.

413.2

(Reserved)

413.3

Municipal Wind Energy Facilities.

413.3.1

Purpose. The purpose of this bylaw section is to provide regulations to facilitate the development and operation of energy generating wind facilities on municipal property in the Town of Yarmouth, for the economic benefit of the Town. Further, the intent of these regulations is to minimize any adverse impacts of wind turbines on the character of neighborhoods, property values, scenic, historic, and environmental resources of the town; and to protect the health and safety of its inhabitants, while allowing wind energy technologies to be utilized. Any application to erect a structure that utilizes energy from the wind to generate electricity on municipally owned or controlled land shall comply with the requirements of this bylaw section.

413.3.2

Goals. The goals of this bylaw section are to facilitate the installation of Municipal Wind Energy Facilities that comply with all applicable existing local, state and federal laws so as to minimize any adverse effects and impact of wind facilities on the community through careful design and siting, and to avoid potential damage to adjacent properties from the failure of such facilities

413.3.3

Non-Applicability. This bylaw section is not intended to be applicable to wind energy facilities located on land not owned or controlled by the Town of Yarmouth. This bylaw section is not intended to prohibit applications for Non-Municipal Wind Energy Facilities under the provisions of bylaw sections 202.1 and 102.2.3.

413.3.4

Special Permit. The Board of Appeals may, by Special Permit, alter or waive one or more of the requirements of this bylaw section if it determines that the alteration or waiver of the requirement(s) will not derogate from the intent of the bylaw.

413.3.5

Application Procedures.

413.3.5.1

Application to the Board of Appeals for a Special Permit shall be as outlined in bylaw section 103.

413.3.5.2

Site Plan Review, per bylaw section 103, shall be required prior to application to the Board of Appeals.

413.3.6

Application Filing Requirements. The following documentation shall be submitted for Site Plan Review and included with an application to the Board of Appeals for all Municipal Wind Energy Facilities:

413.3.6.1

General Filing Requirements. Plans, per Bylaw section 103.3.4, are required.

413.3.6.2

Location Filing Requirements.

Tax map and parcel number of the subject property.

Zoning district designation for the subject parcel.

Proposed location of any tower, equipment shelter and other major structures.

413.3.6.3

Siting Filing Requirements.

A one inch equals 100 feet (1" = 100') overall plan showing the following:

Property lines for the subject property.

Property lines of all properties adjacent to the subject property within 300 feet.

Tree cover on the subject property and adjacent properties within 300 feet, by dominant species and average height, as measured by or available from a verifiable source.

Outline of all existing buildings and accessory structures, including purpose (e.g. residential buildings, garages, accessory structures, etc.) on subject property and on all adjacent properties within 300 feet.

Proposed location of tower, equipment shelter(s), and other major structures.

Location of all roads, public and private, on the subject property and on all adjacent properties within 300 feet including driveways proposed to serve the wind energy facility.

Distances, at grade, from the proposed wind energy facility to each building on the vicinity plan.

Contours at each two feet above mean sea level for the subject property and adjacent properties within 300 feet.

All proposed changes to the existing property, including grading, vegetation removal and temporary or permanent roads and driveways.

Detailed plans, dimensioned and to a one-inch equals 40 feet (1" = 40') scale, of the proposed tower, equipment shelters, cable runs, parking areas and any other construction or development attendant to the wind energy facility.

Lines representing the sight line showing viewpoint (point from which view is taken) and visible point (point being viewed) from "Sight Lines" sub-section below.

Sight lines and photographs as described below:

Sight line representation. A sight line representation shall be drawn from any public road within 300 feet and the closest facade of each residential building (viewpoint) within 300 feet to the highest point (visible point) of the wind energy facility. Each sight line shall be depicted in profile, drawn at one inch equals 40 feet. The profiles shall show all intervening trees and buildings. In the event there is only one (or more) residential building within 300 feet there shall be at least two sight lines from the closest habitable structures or public roads, if any.

Existing (before condition) photographs. Each sight line shall be illustrated by one four-inch by six-inch color photograph of what can currently be seen from any public road within 300 feet.

Proposed (after condition). Each of the existing condition photographs shall have the proposed wind energy facility superimposed on it to show what will be seen from public roads if the proposed wind energy facility is built.

Siting elevations, or views at-grade from the north, south, east and west for a 50-foot radius around the proposed wind energy facility plus from all existing public and private roads that serve the subject property. Elevations shall be at either one-quarter inch equals one foot or one-eighth inch equals one foot scale and show the following:

Tower and equipment shelter(s), with total elevation dimensions and AGL of the highest point.

Any and all structures on the subject property.

Existing trees and shrubs at current height and proposed trees and shrubs proposed height at time of installation, with approximate elevations dimensioned.

Grade changes, or cuts and fills, to be shown as original grade and new grade line, with two-foot contours above mean sea level.

413.3.6.4

Design Filing Requirements.

Equipment brochures for the proposed wind energy facility such as manufacturer's specifications or trade journal reprints shall be provided for the turbine, tower and any equipment thereon, equipment shelters, cables and accessory equipment.

Materials of the proposed wind energy facility specified by generic type and specific treatment (e.g., steel, anodized aluminum, stained wood, painted fiberglass, etc.), and shall be provided for the tower and equipment thereon, equipment shelters, cables and accessory equipment.

Colors of the proposed wind energy facility represented by a color board showing actual colors proposed. Colors shall be provided for the tower and equipment mounted thereon and equipment shelters.

Dimensions of the wind energy facility specified for all three directions: height, width and breadth. These shall be provided for the tower and equipment thereon, foundations, and equipment shelters.

Appearance, shown by at least two photographic superimpositions of the wind energy facility within the subject property. The photographic superimpositions shall show the tower and equipment thereon and equipment shelters, for the total height, width and breadth of the proposed facility.

Landscape plan including existing trees and shrubs and those proposed to be added, identified by size and species for installation.

If lighting of the site is proposed, the applicant shall submit a manufacturers computer generated point-to-point printout, indicating the horizontal footcandle levels at grade, within the property to be developed and twenty-five (25) feet beyond the property lines. The printout shall indicate the locations and types of luminaries proposed.

413.3.6.5

Noise Filing Requirements.

The applicant shall submit a study report identifying the existing and calculated maximum projected noise levels from the proposed facility, measured in decibels Ldn (logarithmic scale, accounting for greater sensitivity at night), for the following:

Existing, or ambient: the measurements of existing noise levels.

Existing plus proposed wind energy facility: calculated estimate of maximum noise level from the proposed facility plus the existing noise level.

The study report shall be prepared and signed by an engineer, Board Certified by the Institute of Noise Control Engineering (INCE) of the USA, certifying that noise measurements are accurate and meet the Noise Standards of bylaw section 413.3.7.8.3.

413.3.7

Design.

413.3.7.1

General.

Notwithstanding the other provisions of bylaw section 203.5, wind energy facilities shall also conform to the following requirements.

All Municipal Wind Energy Facilities shall be designed and sited so as to have the least adverse visual and audible impact on the neighborhood and the Town. Only self-supporting monopole type towers are permissible and shall avoid features allowing avian perches. Lattice towers, or the use of ground anchors and/or guy wires, are prohibited.

All towers must meet or exceed current standards and regulations of the FAA, and any other agency of the federal, state, and county government with the authority to regulate towers. If such standards and regulations are changed, then the owner of the tower governed by this ordinance shall bring such tower into compliance with such revised standard and regulations within six (6) months of the effective date of such standards and regulations unless a more stringent compliance schedule is mandated by the controlling federal agency. Failure to bring a tower into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower at the operator's expense.

413.3.7.2

Location.

413.3.7.2.1

Allowed Areas. The siting of Municipal Wind Energy Facilities shall be allowed by Special Permit in any zoning district on property owned or under control of the Town of Yarmouth.

413.3.7.2.2

Historic Buildings and Districts. Municipal Wind Energy Facilities to be located within the Old King's Highway Regional Historic District shall be located so that they are not discernable from public roads and viewing areas within the district and require the additional approval of the appropriate authority for the District.

413.3.7.2.3

Scenic Landscapes and Vistas.

Any wind energy facility that is located within 300 feet of a scenic road, as designated by the Town or the Commonwealth, shall not exceed the height of vegetation at the proposed location. If the facility is located farther than 300 feet from the scenic road, the height regulations set forth in bylaw section 413.3.7.4 shall apply.

Clearing of natural vegetation shall be limited to only that which is necessary for the construction, operation and maintenance of the wind energy facility and is otherwise as governed by applicable laws, regulations and ordinances, and shall comply with the provisions of bylaw section 302.

Wind Energy Facilities shall not be located within the Viewshed as designated and located in the VCOD.

413.3.7.3

Electrical Connections. All electrical wiring, cables and power lines of the wind energy facility shall be placed underground, unless impractical due to soil conditions, shape, and topography of the site as well as any requirements of the local utility. Electrical transformers, if required for the utility connection may be above ground. All electrical design and construction of the wind energy facility shall comply with the requirements of the National Electrical Code.

413.3.7.4

Dimensional Requirements. All wind energy facilities shall comply with the dimensional and setback requirements of bylaw section 203 (Intensity of Use Regulations).

413.3.7.4.1

Overall Height Calculation. For purposes of calculating the overall height of a wind turbine, the height shall be calculated as the vertical distance from ground level (AGL) at the base of the tower to the uppermost extension of any blade or the maximum height reached by any part of the wind turbine.

413.3.7.4.2

Setback for Fall Zone Protection. The minimum setback of a wind turbine tower from all property lines and any other wind turbine tower shall be not less than the overall height, as calculated by 413.3.7.4.1, of the turbine or 300 feet, whichever is greater. The minimum setback of a wind turbine tower from residential structures shall be 1.5 times the tower overall height.

413.3.7.4.3

Hub Height. The hub height of the wind turbine, as measured from average natural grade at the base of the tower to the horizontal centerline of the hub around which the blades rotate, shall be not more than two hundred fifty (250) feet, and the blade clearance from the ground immediately below each wind turbine shall be at least thirty (30) feet. A waiver from this provision may be granted only if the Board of Appeals makes a finding that additional height is demonstrated by the applicant to be necessary for adequate operation of the wind energy facility, and the facility will otherwise fulfill the intent and purpose of this bylaw.

413.3.7.4.4

Structure Height. Equipment shelters and any other ground mounted structures shall conform to the requirements of bylaw section 203.4.1.

413.3.7.4.5

Minimum Lot Area. Municipal Wind Energy Facilities shall only be located on a parcel of land containing at least ten acres, and shall be configured such that all setback requirements of this section are met.

413.3.7.4.6

Parking Requirements. All wind energy facilities shall meet the parking and buffer requirements of Bylaw Section 301 (Parking and Loading Requirements).

413.3.7.5

Aesthetics.

413.3.7.5.1

Landscaping. Existing mature tree growth and natural land forms on sites shall be preserved to the maximum extent possible so as to provide camouflage of the wind energy facility from public view. Screening for sites, buffers and parking lots shall meet the criteria outlined in Section 301 Parking and Loading. In addition, the base of towers shall be screened from view by a minimum four (4) foot wide planting strip maintained with densely planted shrubs not less than six (6) feet in height. Shrubs shall be at least seventy-five percent (75%) evergreens. Fences or walls may be a part of such screening where deemed necessary, as approved by the Site Plan Review Team. In locations where the visual impact of towers would not be an issue, these requirements may be reduced or waived by the Building Commissioner upon unanimous vote by the Site Plan Review Team.

413.3.7.5.2

Color. Wind turbines, blades and towers and equipment thereon shall have a light gray or light blue non-reflective finish to minimize contrast with sky and clouds, unless otherwise required by the Board of Appeals. Buildings and structures on the site shall be camouflaged to blend in with the background against which they will be most commonly seen.

413.3.7.6

Lighting and Signage.

Wind energy facility towers shall be lighted only if required by the Federal Aviation Administration (FAA), and then shall comply with all appropriate FAA specifications and regulations. Lighting of equipment structures and any other facilities on site shall be shielded from abutting properties. There shall be total cutoff of all light at the property lines of the parcel to be developed, and footcandle measurements at the property line shall be 0.0 initial foot candles when measured at grade.

Signs shall meet the design and display criteria of bylaw section 303. Turbine housings shall display only the manufacturer's logo, and housings and towers shall not display any signs.

413.3.7.7

Equipment Shelters. Equipment shelters for wind energy facility equipment shall be designed consistent with one of the following design standards:

Equipment shelters shall be located in underground vaults; or,

Equipment shelters shall be designed consistent with traditional Cape Cod architectural styles and materials, with a roof pitch of at least 10/12 and wood clapboard or shingle siding; or,

Equipment shelters shall be camouflaged behind an effective year-round landscape buffer, equal to the height of the proposed shelter, and/or a fence. The Board of Appeals (and/or the Old King's Highway Regional Historic District Committee) will determine the style of any fencing and landscape buffer required so as to be compatible with the neighborhood.

413.3.7.8

Environmental Standards.

413.3.7.8.1

Wetlands. The location of any wind energy facility in or near wetlands is subject to the Wetlands Protection Regulations of the Yarmouth Conservation Commission.

413.3.7.8.2

Hazardous Materials. The handling, storage, or disposal of hazardous materials is subject to Yarmouth Board of Health regulations and, when applicable, section 406 of this Bylaw. If any hazardous materials or wastes are to be used on site, there shall be provisions for full containment of such materials or waste. A containment enclosure, designed to contain at least 110 percent of the volume of the hazardous materials or waste used on the site may be required in order to meet these conditions.

413.3.7.8.3

Noise. Wind turbines shall have a noise reduction design such as not to, during normal operating conditions, generate excessive or unreasonable noise so as to be injurious or detrimental to the neighborhood or the Town. Except during short-term service events such as high windstorms or utility outages, noise from a wind turbine shall comply with Massachusetts noise regulations (310 CMR 7.10). A noise analysis shall be performed within ninety days of initial operation and a certified test report, prepared by an engineer Board Certified by the INCE, shall be submitted after initial operation of the facility to demonstrate compliance with these noise regulations and with the noise level analysis submitted by the applicant. Additional tests shall be performed from time to time upon the request of the Building Commissioner and certified test reports submitted. If any analyses indicate noise levels in excess of those permitted by regulations, remedial measures shall be undertaken to bring noise levels into compliance. Test methods shall be consistent with Massachusetts Department of Environmental Protection guidelines for noise measurement.

413.3.7.8.4

Flicker. Wind energy facilities shall be sited and designed such as to minimize shadow or flicker effect impacts on site, adjacent and neighboring uses. Turbine rotational speed shall be such as to limit flicker frequency to a maximum of 3 Hz. An analysis shall be submitted to identify the visual flicker zone and flicker frequency for all operating conditions.

413.3.8

Accessory Equipment Storage. Mobile or immobile equipment not used in direct support of a wind energy facility shall not be stored on site unless it is being used in the repair of said facility.

413.3.9

Leases. No Special Permit granted under this section shall be effective for town-owned property used for operation of a municipal wind energy facility by an entity other than the Town until a lease setting forth the particular terms, conditions, and provisions has been executed by the applicant and the Town of Yarmouth.

413.3.10

As-Built Plans. Within 60 days of completion of the initial construction and/or any additional construction or reconstruction, two complete sets of plans shall be submitted to the Building Commissioner, drawn to scale and stamped by a Registered Professional Land Surveyor, depicting the location of all towers and appurtenant facilities on the site.

413.3.11

Inspection. At least every 24 months, all wind energy facilities shall be inspected by a registered Professional Structural Engineer who is regularly involved and expert in the maintenance, inspection, and/or erection of wind energy facility towers and other structures. All inspections shall be conducted according to the provisions of 780CMR (State Building Code), as amended. Structures deemed to be unsafe shall be cited according to 780CMR and MGL Chapter 143, Sections 6, 7, 8, 9, and 10 Unsafe Structures provisions. A copy of each such citation shall be provided to the Building Commissioner.

If, upon inspection, the wind energy facility is found to not comply with the State Building Code and is deemed to constitute a danger to persons or property, then upon notice being provided to the operator, the operator shall immediately cease operation of the facility and shall be granted sixty days in which to bring the facility into compliance with such standards. Failure to comply may result in an order to remove the facility at the operator's expense.

413.3.12

Abandonment or Discontinuation of Use, and Removal.

413.3.12.1

Notification by Operator. At such time that the operator plans to discontinue operation of a Municipal Wind Energy Facility, the operator shall notify the Building Commissioner by certified U.S. mail of the proposed date of discontinuation of operations. Such notice shall be given no less than 30 days prior to discontinuation of operation. In the event that the operator fails to give such notice, the wind energy facility will then be considered abandoned upon such discontinuation of operation.

413.3.12.2

Notification by Building Commissioner. If the Building Commissioner has determined the facility to have been abandoned or its use discontinued, the Building Commissioner will notify the operator by certified U.S. mail of the Town's intention to begin the process of removal of the wind energy facility after 60 days.

413.3.12.3

Removal Process by Operator. Upon the operator's decision and notification of discontinuation of use, the operator shall physically remove the wind energy facility within 90 days from the date of discontinuation of use. "Physically remove" shall include, but not be limited to:

Removal of tower, equipment shelters, and foundations from the subject property;

Proper disposal of the waste materials from the site in accordance with local and state solid waste disposal regulations, and;

Restoring the location of the wind energy facility to its natural condition, except where any landscaping and grading are deemed site improvements by the Town, in which case they shall remain in the improved condition.

413.3.12.4

Removal Process by Town. If the operator fails to remove a wind energy facility in accordance with this bylaw section, the Town shall have the authority to enter the subject property and physically remove the facility. The Board of Appeals will require the applicant at the time of granting a Special Permit to post a bond or establish an escrow account to ensure adequate funds are available for the removal of the wind energy facility in the event the Town must remove the facility. Posting of a bond for removal costs will not be required if the applicant is the Town as the proposed operator. Bond and escrow account creation and administration shall conform to Town practices and procedures.

§ 414 Village Centers Overlay District (VCOD).

414.1

Purpose. The purpose of the Village Centers Overlay District (VCOD) is to guide and encourage growth and redevelopment to areas with significant opportunities for infrastructure in order to preserve and revitalize the Town of Yarmouth's natural, cultural and economic resources, while supporting sustainable development that enhances and improves the community's character and sense of place. The district will provide incentives for economic development that will promote year round tourism and employment while requiring strict design standards including compliance with the Yarmouth Architectural and Site Design Standards as adopted and amended by the Planning Board.

The district will establish a series of contiguous but distinctive mixed use village centers that will create both a destination for tourists and a neighborhood for residents and business owners. Site and building design will encourage pedestrian and bicycle traffic by:

•	reducing the number of curb cuts,
•	providing walkable connections between properties,
•	incorporating centralized parking facilities,
•	allowing shared parking,
•	encouraging public transportation facilities, and bike paths; and
•	requiring sidewalks, and attractive lighting and streetscape design reflective of Yarmouth's community character.

414.1.1

Villages in the Overlay District — The Village Centers Overlay District has been divided into four (4) distinct classes of districts:

Village Center 1 (VC1) - The purpose of VC1 is to encourage development and redevelopment that will enhance the character of Parker's River, promote public recreational activities and create a mix of uses in a village setting that encourages pedestrian activity.

Village Center 2 (VC2) - The purpose of VC2 is to encourage development and redevelopment that focuses on residential uses with a mix of compatible, smaller commercial uses that will encourage people to live, work and shop in the district to promote a walk-able, livable neighborhood.

Village Center 3 (VC3) - The purpose of VC3 is to create opportunities for economic development that will provide year-round family-oriented activities that are appealing to residents and visitors, and create jobs for local residents.

Village Center 4 (VC4) - The purpose of VC4 is to encourage opportunities for economic development and redevelopment that focuses primarily on commercial uses that support year-round residents and provide year-round companion commercial businesses and accommodations to enhance the family-oriented activities area of VC3.

414.2

Applicability. The provisions of this subsection shall apply to those properties or lots which are located within the Village Centers Overlay District as shown on the map entitled "Zoning Map of the Town of Yarmouth," as most recently amended.

414.2.1

Overlay. The VCOD shall be construed as overlaying other existing zoning districts. The VCOD confers additional development opportunities that may be pursued at the discretion of the property owner and through the permit processes described herein. VCOD provisions may be voluntary or required in accordance with the following conditions:

Where a site has not been previously reviewed and developed under the VCOD provisions, development may occur in accordance with the underlying zoning or the VCOD and submittal for VCOD development applications shall be voluntary.

Where development activity for a given site was reviewed and approved as part of VCOD provisions, but a building permit has not been issued by the Town of Yarmouth, future review for development applications on the site may either be under the VCOD provisions or those of the underlying district.

Where development activity for a given site has been reviewed and approved as part of the VCOD provisions, and a building permit has been issued by the Town of Yarmouth, any future development applications shall be reviewed in accordance with the procedures and standards of the VCOD.

414.2.2

Conflicts. If the applicant chooses development under this Section 414, and where conflicts exists between this Section 414 and the rest of the Town of Yarmouth Zoning Bylaw, this Section 414 and regulations specifically referencing the VCOD shall apply.

414.2.3

Motels/Hotels. Motels and Hotels that are located within the VCOD and also located within and meet the applicability of Section 404.1 (Hotel/Motel Overlay District 1 (HMOD1), may opt for development under Section 404.1 (HMOD1) or this Section 414.

414.2.4

ROAD Applicability. Development pursued under this Section 414 shall not be permitted to submit a proposal under the Revitalization Overlay Architectural District (ROAD) under Section 411 (ROAD).

414.2.5

Severability. The provisions of this Section 414 and other sections relating to the VCOD and classes of districts therein are severable and, in the event that any provision of this section is determined to be invalid for any reason, the remaining provisions shall remain in full force and effect.

414.3

Permit Review Thresholds. The following permit thresholds shall be used to determine which permit process is required for any proposed VCOD development.

414.3.1

Building Commissioner Review. Applications for as-of-right VCOD development with the following characteristics shall be reviewed by the Building Commissioner.

The proposal would create less than 1,000 square feet of new or reconfigured floor area; or

The proposal would create or require fewer than five (5) new or additional parking spaces.

414.3.2

VCOD Site Plan Review. Applications for as-of-right development that exceed the thresholds for Building Commissioner review shall be reviewed by the Planning Board in accordance with the procedures and requirements listed in Section XVI of the Operational Regulations of the Yarmouth Planning Board. The Building Commissioner shall not issue a building permit without Planning Board Site Plan Review. No application for Special Permit under Section 414 may be filed prior to completion of the Planning Board Site Plan Review process. Any appeal of Planning Board Decision on Site Plan Review shall be made to the Zoning Board of Appeals.

414.3.3

Special Permits. The Board of Appeals shall be the Special Permit Granting Authority (SPGA) for all districts within the VCOD except where otherwise specifically noted. All application materials customarily prepared for VCOD Site Plan Review shall be submitted to the SPGA. The SPGA shall consider the following criteria when acting on a Special Permit application and may use these criteria to approve, approve with conditions, or deny said application:

Where applicable, the Planning Board Site Plan Review Decision;

The development provides for or supports Mixed Use development, where appropriate;

The development maintains or improves pedestrian access and outdoor public spaces;

The development provides for open space;

The development uses low impact design techniques to mitigate hydrologic impacts consistent with any applicable town standards for erosion and sediments control, soil protection, and stormwater management;

The development eliminates or minimizes curb cuts on Route 28;

The development provides for or contributes to alternative transportation or travel demand management;

Any relief granted in yard setback requirements creates a better alignment of buildings, improves the design of the building facade, or where necessary better accommodates shop entrances, plazas, sidewalk cafes, and pocket parks;

Any relief granted in yard setback requirements creates a safe and visually attractive walkable access/egress to parking areas;

10.

The relief granted in yard setback requirements will not create significant interruption of the alignment of any sidewalk constructed on public or private property or will not otherwise interfere with pedestrian access;

11.

The development provides for public access to Swan Pond, Parker's River, or public walkways and/or boardwalks;

12.

The proposed development preserves significant viewshed to the Parkers River through site design and building scale and placement;

13.

No undue nuisance, hazard or congestion will be created and there will be no substantial harm to the established or future character of the neighborhood or town;

14.

The granting of a Special Permit would be consistent with the purpose of this Section 414;

15.

The granting of a Special Permit would not decrease the degree to which the proposed development is consistent with the Yarmouth Architectural and Site Design Standards as adopted and amended; and

16.

The granting of a Special Permit does not cause any violation of the Design Standards provided in Section 414.8.

Additionally, the SPGA shall follow other applicable criteria and procedures as set forth under the specific section of the Yarmouth Zoning Bylaw for which a Special Permit is being sought.

414.4

Non-Conforming Structures, Lots and Uses. Lawfully pre-existing non-conforming structures; lawfully pre-existing non-conforming lots; and lawfully pre-existing non-conforming uses, may be continued, but shall not be extended or altered except as allowed for in the provisions stated herein:

414.4.1

Non-Conforming Structures and Lots:

414.4.1.1

Lawfully pre-existing structures that do not conform to the VCOD dimensional standards; other than single-family or two-family structures which are provided for in 414.4.4 below; located on conforming, or lawfully pre-existing non-conforming lots that are rendered dimensionally non-conforming by the VCOD minimum lot area or VCOD minimum lot frontage, may be extended, altered, or razed and replaced by right provided that:

(a)

The resulting development, in its whole, complies with all other applicable provisions of this Section 414, including bringing any existing structural non-conformity into conformity. Deviation from this standard of conformance for any buildings fronting along Route 28 shall require a variance. Deviation from this standard of conformance for buildings not fronting on Route 28 shall require a special permit; and

(b)

The lot, at the time of recording or endorsement, whichever occurred sooner, conformed to the then existing lot area and frontage requirements; and

(c)

The lot has at least eight thousand five hundred (8,500) square feet of area and fifty (50) feet of frontage; and

(d)

The lot is not held in common ownership with any other contiguous lot, or was not held in common ownership with any other contiguous lot at the time of, or since, the effective date of the increased requirements.

414.4.1.2

Single family and two-family structures on lawfully pre-existing non-conforming lots may be developed in accordance with Section 104.3.2(1) and 104.3.2(2) and shall not be developed under the VCOD Bylaw.

414.4.1.3

Dimensional relief for pre-existing lawfully established structures may be given in accordance with the provisions of Section 414.6.4 - Dimensional Relief.

414.4.1.4

Lots which do not conform to the dimensional requirements of this bylaw, as amended, shall not be individually built upon unless combined and/or re-subdivided so as to meet the revised dimensional requirements except as provided for in this Section 414.4, as enabled by 414.6.4, or as provided for in Section 104.3.4 of this bylaw.

414.4.1.5

Other Adjoining Non-conforming Lots. Lots which do not meet the exception of this Section 414.4 or Section 104.3.4, may be combined and/or re-subdivided pursuant to Section 104.3.5.

414.4.2

Non-Conforming Uses: Lawfully pre-existing non-conforming uses sited in lawfully conforming or lawfully pre-existing non-conforming structures may be continued but may not be extended or altered except as allowed for in the provisions as stated herein.

414.4.2.1

Abandonment. A non-conforming use which has been abandoned or discontinued for the period of two (2) years or more, from the date of adoption of this Section 414 bylaw shall not be reestablished under VCOD regulations, and any future use shall conform with this bylaw.

414.4.2.2

The change of a nonconforming use to another nonconforming use is prohibited in the VCOD.

414.4.2.3

The Building Commissioner shall decide whether uses are lawfully conforming or lawfully, pre-existing non-conforming.

414.4.2.4

Lawfully pre-existing non-conforming uses; (except a non-conforming use due to Maximum Commercial Tenant Size which follows the provisions as set forth in Section 414.4.3. below); sited in lawfully conforming or lawfully pre-existing non-conforming structures, may be extended, or altered, by right, if the following requirements are met:

(a)

the resulting development, in its whole, complies with all applicable provisions of this Section 414, including bringing any existing structural non-conformity into conformity. Deviation from this standard of conformance for any buildings fronting along Route 28 shall require a variance. Deviation from this standard of conformance for buildings not fronting on Route 28 shall require a special permit; and

(b)

the lawfully pre-existing non-conforming use is a permitted use in the underlying zoning district in which the property is located; and

(c)

there is no change of use to a non-conforming use of the VCOD.

414.4.3

Maximum Commercial Tenant Size. A non-conforming use based solely on a Maximum Commercial Tenant Size non-conformity, located on a lawfully conforming lot or a lawfully pre-existing non-conforming lot, may alter, extend, or raze and replace the structure housing the non-conforming Maximum Commercial Tenant Size use by-right if the following requirements are met:

(a)

The resulting development, in its whole, complies with all other applicable provisions of this Section 414, including bringing any existing structural nonconformity into conformity, other than Maximum Commercial Tenant Size use; and

(b)

The current tenant size unit may be decreased, but not increased; and

(c)

The existing use housed in the non-conforming tenant size unit is a permitted use either in the VCOD or in the underlying zoning district as provided for in the Table of Uses in Section 202.5; and

(d)

There is no change of use to a non-conforming use of the VCOD.

414.4.4

Change, Extension or Alteration of Single and Two-Family Structures: Lawfully pre-existing non-conforming single- and two-family structures, and lawfully pre-existing single-family and two-family structures located on non-conforming lots, may be altered, extended or razed and replaced in conformance with Section 104.3.2(1) and 104.3.2(2) and shall not be developed under the VCOD Bylaw.

414.4.5

Restoration. Repairs and rebuilding shall be pursuant to Section 104.3.3 of this bylaw.

414.5

Allowed Uses. Allowed uses within the VCOD are referenced in Section 202.5, Use Regulation Table of this bylaw. The provisions of Section 202, Use Regulations, it its entirety, shall apply to all development within the VCOD. No use variances will be allowed in the VCOD.

414.5.1

Additional Use Regulations. The following additional regulations on use shall apply within the VCOD and districts therein.

Mixed Use. In keeping with the purpose of the VCOD, mixed use is not only allowed but encouraged with the following provisions:

The residential component of any Mixed Use development shall encompass between 40% and 85% of the Gross Floor Area of the development.

In VC1, 3 and 4, the ground floor of the building(s) facing Route 28 shall contain non-residential uses. For mixed use developments with minimal commercial use, some non-transient residential use (dwelling units) may be allowed on the ground floor of buildings that front on Route 28, if approved through the VCOD Site Plan Review process.

In VC1, 3 and 4 non-transient residential use (dwelling units) shall be allowed on the ground floor of properties that have their frontage on a public way, other than Route 28, that existed prior to October 22, 2012.

No commercial uses shall be allowed above a Residential Dwelling Unit.

Maximum Commercial Tenant Size. Within the VC1, there shall be a Maximum Commercial Tenant Size of 5,000 square feet calculated as Tenant Floor Area, as defined below, for each individual commercial use. Where an individual structure contains more than one tenant, these tenants shall be counted separately.

Tenant Floor Area: Tenant Floor Area to determine the maximum tenant size shall be calculated as follows:

For an individual commercial tenant, the sum of the area of all stories within the perimeter of a unit measured from the exterior face of the outside walls, or centerline of shared walls with no deductions for accessory unoccupied areas such as hallways, stairs, closets, thickness of walls, columns or other such features. Basements, mezzanines, attics, and crawl spaces used for storage and not designed for human occupancy shall not count towards Tenant Floor Area. Outdoor areas used for terraces, patios, uncovered decks, stoops, storage, sales, service, and display shall also be excluded from determining Tenant Floor Area. The Building Commissioner shall determine the Tenant Floor Area of any unit or structure.

Wastewater facilities. Public and private wastewater treatment facilities, including those shared by multiple property owners, shall be considered an accessory use to all uses served by said facility.

Parking Garages. Parking garages, including underground parking garages, public parking garages as a primary use, and parking garages as an accessory use to a commercial use are allowed in the VCOD pursuant to Section 414.7.8(4) (Parking Garages/Structures).

414.5.2

Housing Provisions in the VCOD. The following housing provisions shall apply in the VCOD. Hotel/Motel redevelopment under Section 404.1 (HMOD1) of the bylaw are not subject to these provisions and shall be subject to the provisions as set forth in Section 404.1 (HMOD1).

Maximum Residential Density. Residential dwelling unit density in each district of the VCOD shall be as provided for in Section 414.6.3(1) - Table of Dimensional Requirements.

Unit Size. All residential dwelling units constructed under the provisions of this Section 414 shall consist of the following minimum square footage:

400 square feet for a studio unit.

700 square feet for a one-bedroom unit.

900 square feet for a two-bedroom unit.

1,200 square for three or more bedroom units.

Studio Unit Limit: The number of studio units allowed in a development shall be limited to less than, or equal to, twenty-five (25%) of the total number of residential units in the development.

Inclusionary Housing: The provisions of Section 412 (Affordable Housing) of the bylaw including the provisions of inclusionary housing therein shall fully apply for VC1, VC3, and VC4. The provisions of Section 412 shall fully apply in VC2 for projects developing less than 30 residential dwelling units. The provisions of Section 412 shall not apply in VC2 for projects developing 30 or more residential dwelling units for a period of 5-years from the passing of this Bylaw. After the end of the 5-year exclusionary period (October 22, 2017), the number of affordable housing units required shall be reduced by 50% from those outlined in Section 412.2.3 only in VC2 for projects developing 30 or more residential dwelling units. Applicants must have completed the VCOD Site Plan Review process and the Planning Board Decision issued within the 5-year period to be eligible for the exclusion. Any approval by the Planning Board for Site Plan Review will expire 2 years after the Decision has been issued. A project proponent may renew the approval by majority vote of the Planning Board anytime within the 2 year period. It is strongly recommended that project proponents give notice to the Planning Board of their desire to extend the approval at least 60-days before the expiration date. No Planning Board Site Plan Review Decision may be extended to a date beyond October 22, 2019.

414.6

Intensity of Use Regulations.

414.6.1

Building Height. Building height in the VCOD shall not exceed that which is outlined in the Table of Maximum Building Height below.

Table of Maximum Building Height within the VCOD.

	VC1(A)(B)	VC2(A)(B)	VC3(A)(B)	VC4(A)(B)
0 - 50 feet from all lot lines	35 feet 3 stories	35 feet 3 stories	35 feet 3 stories	35 feet 3 stories
Beyond 50 feet from all lot lines	48 feet 4 stories	48 feet 4 stories	48 feet 4 stories	48 feet 4 stories

(A)

Height shall be measured from the existing average natural grade at the street side of the foundation. Fill in excess of 4', as measured from natural grade at the street, shall require a permit from the Building Commissioner per Section 302.1 of the Bylaw. If the building is located in a FEMA Flood Zone AE, height shall be measured from 1 foot above Base Flood Elevation (BFE). If the building is located in a FEMA Flood Zone AO, height shall be measured from 1 foot above the Depth of Water shown on the Flood Insurance Rate Maps, measured from the average natural grade at the front face of the building foundation. If located in a FEMA Flood Zone VE, height shall be measured from the top of the "freeboard", as defined in the Massachusetts Building Code 780 CMR (as amended). Parking located below a building shall not be counted as a story, but shall be taken into consideration when measuring building height.

(B)

Height limitations shall not apply to ancillary features, such as chimneys, spires, cupolas, antennas, pediments, cornices, mechanical equipment or screening for mechanical equipment, railings, or other similar structures not intended for human occupancy. These ancillary features shall have a maximum height of 8' above the maximum building height allowed.

414.6.2

Indoor Water Park. In VC3, a height of 65 feet is allowed for the specific use of an Indoor Water Park. This height of 65 feet is allowed for the indoor water slide component of the Indoor Water Park being necessary for the proper use and function of the water slide. If the Indoor Water Park includes an attached hotel and hotel amenities complex, the height of 65 feet shall also be allowed for the attached hotel complex, being necessary for the proper economic viability and aesthetic integration of the Indoor Water Park and hotel complex.

This 65 feet maximum height is allowed only for location within the property being 350 feet or more from the front lot line and being 100 feet or more from all other lot lines. For the remaining portions of the site, other than the Indoor Water Park and hotel complex, if applicable, the requirements as set forth in the Table of Maximum Building Height above shall apply.

414.6.3

Table of Dimensional Requirements. All buildings and structures within the VCOD shall meet the minimum requirements set forth in the following Table of Dimensional Requirements unless otherwise expressly provided for within this bylaw or by G.L. ch. 40A, sec. 6, as amended.

Table of Dimensional Requirements.

	VC1	VC2	VC3	VC4
Lot Size Minimum: (A)	20,000 sq. ft.	20,000 sq. ft.	20,000 sq. ft.	20,000 sq. ft.
Frontage Minimum:	125 ft.	125 feet	125 feet	125 feet
Yard Setbacks: (B) (C) (D)
• Front Yard Setback Minimum: (E)(F)	15 ft.	30 ft.	15 ft.	15 ft.
• Front Yard Setback Maximum: (G) (F)	20 ft., except 25 ft. in FEMA Flood Zones	n/a	25 ft.	25 ft.
• Side Yard Setback: (H)(I)	at zero (0) ft. or 15 ft. minimum	25 ft.	at zero (0) ft. or 15 ft. minimum	at zero (0) ft. or 15 ft. minimum
• Rear Yard Setback Minimum: (I)	20 ft.	20 ft.	20 ft.	20 ft.
Impervious Coverage Maximum: (J)	• 90% for lots less than 1/2 acre; • 85% for lots 1/2-1 acre; • 80% for lots greater than 1 acre	80%	85%	80%
Maximum Commercial Tenant Size:	See Section 414.5.1(2)	NA
Maximum Residential Density (K) (L) (M)
• Residential development only	8 units/acre	16 units/acre (N)	8 units/acre	8 units/acre
• Mixed Use development (as part of)	16 units/acre	16 units/acre (N)	16 units/acre	16 units/acre

Footnotes:
A.	One hundred percent (100%) of the minimum lot size required must be upland (i.e., not a bank, beach, bog, dune, marsh, swamp or wet meadow under M.G.L. ch. 131, sec. 40).
B.	The following are specifically excluded from these regulations:
	1.	Fences, decorative walls, poles, posts, paving and other customary yard accessories, ornaments and furniture, ramps, landings and similar structures needed for compliance with the Americans with Disabilities Act.
	2.	Cornices, window sills, belt courses and other ornamental features may project not more than eighteen (18) inches; bay/bow windows, greenhouse windows and eaves may project not more than twenty four (24) inches, and chimneys may project not more than thirty two (32) inches into any required yard.
	3.	Any stairway and associated landing may project into a required yard setback if it is less than thirty (30) inches in height.
C.	Side and rear yard setbacks for accessory buildings less than one hundred fifty (150) square feet and single story shall be six (6) feet in all districts, but in no case built closer than twelve (12) feet to any other building.
D.	For an Indoor Water Park, any tube slides protruding from a wall or roof shall be included and shall comply with the yard setback regulations.
E.	Any building located within 100 feet of the intersection of Parker's River and Route 28 shall be set back from Route 28 a minimum of 30 feet.
F.	The front setback minimum and maximum (where applicable) provided in this table is applicable only to those properties that have their frontage on Route 28. Front yard setbacks are required along Route 28 to ensure a contiguous broad line of passage for pedestrians and/or bicyclists along the corridor. For lots with frontage on interior roads (not on Route 28 or on a public way that existed prior to October 22, 2012) the minimum front yard setback shall be zero provided all standards for pedestrian and bicycle circulation are met and there shall be no maximum front yard setback. Front yard setbacks on a public way other than Route 28 that existed prior to October 22, 2012 shall be in accordance with Section 203.5 - Table of Dimensional Requirements.
	If a property has limited frontage on Route 28, with the bulk of the developable portion of the lot being in the rear (i.e. a flag shaped lot), the Route 28 streetscape can be developed into green space which shall include such amenities as a park, sitting areas, public art, and landscaping, rather than a building, if approved through the VCOD Site Plan Review process.
G.	A minimum of 75% of the building facade shall comply with the maximum setback requirements. Up to 25% of the facade may be recessed up to thirty (30) feet farther from the maximum front yard setback to accommodate alcoves for seating areas, public art, display areas or fountains.
H.	For those districts where an absolute at zero (0) side setback is allowed, this zero (0) side setback will be allowed only upon an agreement with an abutting property owner is entered into wherein the abutting property owner, and the developing parcel owner, shall (re)develop at an absolute zero (0) side setback on said side thereby creating an adjoining building to visually reinforce a building facade line of the street. Said agreement shall include provisions and plans for access and egress to any individual and/or shared parking areas. Said agreement shall be presented with site development plans at the time of applying for Site Plan Review, and/or Design Review and/or Special Permit relief.
	If a proposal does not meet the above requirements for developing at a side setback of an absolute zero (0), then the side setback requirement shall be at the fifteen (15) foot minimum where the building frontage is on a public way that existed prior to the adoption of this Section 414 (October 22, 2012). For buildings that front on interior drives or roads created under this Section 414, side yard setbacks may be smaller than fifteen (15) feet, but shall not result in separated buildings being closer together than twelve (12) feet.
I.	Where the side or rear yard setback is applied to a structure that is adjacent to a residential district, the setback shall be in accordance with the value in the table or equal to the height of the structure, whichever is greater.
J.	Impervious surface calculations shall include the developed footprint of impervious surfaces (structures, pavement, etc.) including any unpaved parking areas. Pervious paving shall be counted as impervious in lot impervious coverage calculations. Impervious Coverage maximum shall be calculated based on the upland.
K.	Under the provisions and requirements as set forth in Section 414.5.2. In calculating the number of residential dwelling units permitted, the calculation shall be based on upland only. Any fractional units shall be rounded to the nearest whole number.
L.	Residential Density is calculated in addition to the commercial development of a mixed use development.
M.	Residential density limits apply to residential dwelling units, not to hotel, motel or other transient residential uses.
N.	Density may be increased to 20 units/acre for lots with 100,000 square feet or more of upland.

414.6.4

Relief: The SPGA may provide relief from the provisions within the VCOD bylaw through a Special Permit, except for relief from building height and maximum front yard setback, which would require a Variance. The SPGA shall consider the criteria listed under Section 414.3.3 (Special Permits) when reviewing any Special Permit application for relief. The SPGA shall not have jurisdiction over situations that are more specifically defined such as where relief is allowed by right or precluded under Section 414.4, or where the Table of Dimensional Requirements provides opportunity for relief related to flag shaped lots (footnote F).

414.6.5

Signs: No sign shall be erected nor maintained except as specifically allowed in Section 303 of the Town of Yarmouth Bylaw and in compliance with Section 414.8.11 (Signage).

414.7

Parking Requirements.

414.7.1

Table of On-Site Parking Requirements. The following table shall apply to development proposals. Where on-street parking exists or is proposed along the lot line of any use, all spaces along that lot line shall be counted.

Use (1)	Use Table Code (1)	Minimum Parking Spaces Required (2, 3)	Maximum Allowable Parking Spaces (3)
Residential	A1, A2	1 space/unit	2 spaces/unit
	A5-A7	1 space/unit	1.2 spaces/unit
	A11, A12	1 space/unit	1.5 spaces/unit
Retail Trade	H10 (5)	1 space/3 occupants (4)	1 space/3 occupants (4)
Retail Trade	H1-H9; H11	1 space per 700 square feet of floor area	1 space per 350 square feet of floor area
Finance, Insurance, and Real Estate	I1-I5	1 space per 700 square feet of floor area	1 space per 200 square feet of floor area
Personal Services	J1-J5	1 space/4 occupants (4)	1 space/3 occupants (4)
Business Services	K1-K10	1 space per 1,000 square feet of floor area	1 space per 300 square feet of floor area
Motor Vehicle Services	L1, L3	1 space per 1,000 square feet of floor area	1 space per 300 square feet of floor area of floor area
Miscellaneous Repair Services	M1, M3	1 space per 1,000 square feet of floor area	1 space per 300 square feet of floor area
Amusement and Recreation Services	N1-N12	1 space/4 occupants (4)	1 space/3 occupants (4)
Professional Services	O1	1 space/3 occupants (4)	1 space/2 occupants (4)
	O2-O6	1 space per 500 square feet of floor area	1 space per 250 square feet of floor area
Institutional Services	P1-P10(6)	As determined to be adequate by the Building Commissioner on advice by the Site Plan Review Team.	NA
Other (incl. uses N6, 9, 11 & uses not elsewhere classified)		As determined to be adequate by the Building Commissioner on advice by the Site Plan Review Team.	As determined to be adequate by the Building Commissioner on advice by the Site Plan Review Team.

Notes:
1.	As listed in Section 202.5 Use Regulation Schedule.
2.	Where a development proposal shows that a lot will only contain one structure, the proposal must demonstrate that the minimum amount of required parking shall be provided on-site.
3.	Where parking spaces are based on occupancy, occupancy loads shall be tabulated in accordance with Massachusetts Building Code.
4.	In cases where planned occupancy is to be below allowable occupancy, parking spaces may be constructed at a reduced number provided that the lot shall be capable of expansion to the spaces required in the table above. When the occupancy load of a building increases, the additional required spaces shall be constructed or identified.
5.	Parking requirements for outside restaurant seating shall be calculated in the same manner as those for inside restaurant seating.
6.	Parking for Day Care Centers: one parking space for every 8 children allowed at the facility, based on the maximum permitted occupancy, is required, plus 1 space for every 3 full-time employees.

414.7.2

Loading Requirements. Adequate off-street loading facilities and space must be provided to service all regular needs created by new construction, whether through new structures or additions to old ones, and by change of use of existing structures. Facilities shall be so sized and arranged that no vehicles need regularly back onto a public way or be parked on a public way while loading, unloading or waiting to do so.

414.7.3

Drive-through Facilities: Businesses utilizing drive-through facilities must provide stacking lanes pursuant to Section 301.8. Drive-through service windows shall only be located on the side or in the rear of properties which are internal to the block or accessible from an alley. An acceptable configuration example is shown in Figure 1 below.

414.7.4

Shared Parking for Non-Residential Uses. Where an applicant cannot meet the minimum parking requirements on-site pursuant to Section 414.7.1 (Table of On-Site Parking Requirements), the applicant may present evidence to the Planning Board as part of Site Plan Review that the configuration of uses and parking areas will be adequate based on a shared parking analysis. While residential use may share parking as part of a mixed use development, reduction in parking spaces for residential use on-site shall not be allowed. Evidence that shared parking areas will be adequate for more than one non-residential use shall be in the form of calculations that show acceptable reductions based upon whether different uses compete for the same parking area as part of daily operations.

For Two Non-Residential Uses Sharing Parking Areas:

(a)

Where peak parking demands for two non-residential uses overlap, the aggregate parking space requirement between those uses may be reduced by up to thirty (30) percent.

(b)

Where peak parking demands for two non-residential uses do not overlap, the aggregate parking space requirement may be served exclusively by the higher parking demand associated with an individual use.

Sample Calculations for Parking Areas Serving Two Non-Residential Uses

Competing Uses
1. Baseline Parking Demand Determination
Use	Building Size/Occupancy	Minimum Demand
Bank	3,000 square feet	4 spaces
Doctor's Office Building	6,000 square feet	24 spaces*
Aggregate Parking Demand		28 spaces
2. Reduction
30% Reduction		20 spaces

*	Based on assumed occupancy rate.

Non-Competing Uses
1. Baseline Parking Demand Determination
Use	Building Size/Occupancy	Minimum Demand
Doctor's Office Building	6,000 square feet	24 spaces*
Restaurant (dinner service only)	120 occupancy	40 spaces
Aggregate Parking Demand		64 spaces
2. Reduction
Larger Individual Demand		40 spaces

*	Based on assumed occupancy rate.

For More than Two Non-Residential Uses:

(a)

Where a proposed development would contain more than two non-residential uses and the applicant wishes to use shared parking to meet the minimum requirements of Section 414.7.1 (Table of On-Site Parking Requirements), the applicant shall first determine reductions for those uses with competing peak demands in accordance with the methodology in Section 414.7.4(1) (Shared Parking).

(b)

The result of competing peak demand calculations shall then be compared to determine which set of competing demands shall be used to provide the overall parking space count. For example, daytime demands may exceed nighttime demands and, in that case, the daytime demand would serve as the overall parking demand for that site.

Sample Calculations for Parking Areas Serving More than Two Non-Residential Uses

Sample Mixed Use Plaza Profile:

• Medical Office (10,000 square feet)

• Grocery Store (14,000 square feet)

• Retail, Daytime (5,000 square feet)

• Restaurant, Dinner Only (90 occupants)

• Restaurant, Lunch and Dinner (60 occupants)

• Bank (5,000 square feet)

Step 1: Competing Uses (Daytime)
1. Baseline Parking Demand Determination (Daytime Peak)
Use	Building Size/Occupancy	Minimum Demand
Medical Office	10,000 square feet	42 spaces*
Grocery Store	14,000 square feet	20 spaces
Retail, Daytime	5,000 square feet	7 spaces
Restaurant, Lunch and Dinner	60 occupants	20 spaces
Bank	5,000 square feet	7 spaces
Baseline Parking Demand		96 spaces
2. Reduction Comparison (Daytime Peak)
30% Reduction		67 spaces

*	Based on assumed occupancy rate.

Step 2: Competing Uses (Nighttime)
1. Baseline Parking Demand Determination (Daytime Peak)
Use	Building Size/Occupancy	Minimum Demand
Restaurant, Lunch and Dinner	60 occupants	20 spaces
Restaurant, Dinner Only	90 occupants	30 spaces
Grocery Store	14,000 square feet	20 spaces
Baseline Parking Demand		70 spaces
2. Reduction Comparison (Nighttime Peak)
30% Reduction		49 spaces

Step 3: Non-Competing Uses (Nighttime vs. Daytime)
Daytime Demand	67 Spaces (larger demand is chosen)
Nighttime Demand	49 Spaces

414.7.5

Off-Site Parking for Residential or Non-residential Use. Where an applicant cannot meet the minimum parking requirements on-site pursuant to Section 414.7.1 (Table of On-Site Parking Requirements), the applicant may present evidence to the Planning Board as part of Site Plan Review that supplementary parking in the amount required to meet or exceed the minimum standard will be provided off-site. The Planning Board may approve off-site provision of up to 100% of the required on-site parking provided the following conditions are met:

Any parking required to meet the provisions of the Americans with Disabilities Act is provided on-site.

At least one parking space with a width of ten (10) feet shall be provided in close proximity to the primary structure to allow for loading and unloading of goods, people, and/or deliveries. Additional such parking spaces may be required on-site depending on the size and use of the development.

The off-site parking area shall be within 500 feet walking distance from the building which it will serve. The distance between the off-site parking and the building it is intended to serve shall be measured along an established pedestrian route from the nearest edge of the building to the nearest edge of a parking space. The pedestrian route shall be well-finished, safe, and unobstructed.

Where off-site parking is proposed, applicants shall provide a signed agreement between the property owners clearly stating the terms of the agreement to allow for parking access. Where the agreement may have an expiration date, failure to renew or to provide other acceptable arrangements shall place the subject property in non-conformity with regard to parking requirements.

414.7.6

Bicycle Parking. Bicycle parking facilities shall be provided within the development.

414.7.7

Exceeding the Parking Maximum. An applicant who wishes to provide more parking than the maximum allowable standard in Section 414.7 (Parking Requirements) on-site may do so in accordance with the following:

Exceeding the maximum may occur by-right through the provision of underground parking or through the use of structured elevated parking.

Exceeding the maximum may be allowed by the Building Commissioner upon unanimous recommendation in writing by the Site Plan Review Team if it is determined that special circumstances render a larger maximum provision necessary for typical parking needs.

Exceeding the maximum may be allowed through a Special Permit granted by the Board of Appeals.

In making any determination, the permitting authority shall consider present, as well as proposed and potential future parking needs, and such determination and/or special permit may contain any restrictions, limitations or conditions reasonably necessary to carry out the intention and purpose of this bylaw. Such restrictions, limitations, and conditions may include, among other things:

Provisions for establishing maximum allowable occupancy.

Provisions for expiration or forfeiture of the determination/permit upon stated conditions or upon substantial change of the "special circumstances" upon which the determination/permit was granted.

Provisions limiting the duration.

Such other provisions as are reasonably related to pursuing and carrying out the intent and purposes of this bylaw.

The burden of proof shall be on the applicant to demonstrate to the Town that there is evidence demonstrating a clear, regular need for such parking, that the purposes of this district are maintained, and that the design of these parking areas complies with the provisions of this section of the Zoning Bylaw.

414.7.8

Parking Lot Design Standards.

Relationship to Section 301 (Parking and Loading Requirements) of the Zoning Bylaw. Standards related to parking area design located in Section 301 of the Zoning Bylaw shall not apply to VCOD development.

Parking Space and Travel Lane Dimensions.

For the purposes of this Bylaw, minimum parking space and travel lane dimensions for surface parking areas shall comply with the following table. Parking spaces and travel lanes in structured parking facilities may use different dimensions as may be necessary to construct the facility and provide safe passage for vehicles parking therein.

Minimum Parking Space and Travel Lane Dimensions
Parking Angle	Stall Width (parked car width)	Stall Depth*	Travel Lane (one way)	Travel Lane (two way)
Parallel	10.0'	22.0'	12.0'	24.0'
45°	10.0'	16.0'	11.0'	21.0'
60°	10.0'	17.0'	15.0'	21.0'
75°	10.0'	17.5'	17.0'	21.0'
90°	10.0'	18.0'	22.0'	24.0'

*	Parallel parking depth is measured as the length of the space parallel to the adjacent travel lane. All other stall depth values are measured perpendicular to the adjacent travel lane.

All parking areas shall be designed with enough maneuvering space so that vehicles need not back onto a public way, the required screens, buffers, tree plots or other parking spaces. Driveways subject to this section shall have two hundred fifty (250) feet visibility in each travel direction and shall be comprised of two (2) travel lanes each not more than twelve (12) feet nor less than ten (10) feet in width; a minimum curb radius of 25 feet shall be provided.

Landscaping Requirements. Landscaping of parking areas shall be provided in accordance with the requirements in Section 414.8.9. The landscaping requirements in this section are intended to provide a set of standards toward reducing the visual impacts of large areas of pavement, improving the overall environment of parking areas by providing areas for shade and heat reduction, and enhancing the overall aesthetic appeal of parking areas.

Parking Garages/Structures. Parking garages/structures or entrances to such facilities shall not be located along the frontage of Route 28. On lots with frontage on Route 28, these structures shall be set back behind other buildings or integrated into the structural design of those buildings along the arterial frontage. All other dimensional requirements shall apply.

414.8

VCOD Design Standards. Applicants for new development or redevelopment who elect the use of VCOD provisions relative to use, intensity of use, buildings, parking and other applicable standards provided as part of this section of the Zoning Bylaw shall comply with the following design standards. Compliance with these standards shall be demonstrated through Site Plan Review materials as required in the Operational Regulations of the Yarmouth Planning Board. Members of the Site Plan Review Team, the Design Review Committee, and the Planning Board shall also use the most recent version of the Town of Yarmouth Architectural and Site Design Standards to review applications within the VCOD. Compliance with the Yarmouth Architectural and Site Design Standards shall be mandatory for all VCOD projects. The VCOD Design Standards are to be applied to an entire site and existing and new buildings and structures on a site; it is not the intent of the VCOD Standards to allow for partial site compliance.

414.8.1

Site Design. The location of buildings, parking areas, walkways, outdoor gathering places, landscaping, utilities, loading areas, dumpsters, automobile access, travel lanes, and signs shall reflect a thoughtful approach that focuses primarily on providing optimal access and mobility for pedestrians on and between sites. The following standards shall apply:

Parking areas shall be located to the rear and/or side of structures. Parking on the side of structures shall be located behind the minimum front yard setback shown in Section 203.5 - Table of Dimensional Requirements; or behind the maximum front yard setback for properties fronting on Route 28 as shown in Section 414.6.3 - Table of Dimensional Requirements. Driveways and travel lanes shall not be allowed within the front yard setback with the following exceptions:

Driveways connecting the property to the street and running perpendicular to the lot line, which are used to access parking areas to the side or rear of the building, are allowed in the front yard setback.

In VC2, where adequate buffers are provided pursuant to the landscaping requirements of this bylaw, a travel lane may be allowed in the front yard setback along any public way established prior to October 22, 2012.

Parking areas shall allow for easy access between lots for automobiles and pedestrians. Where feasible, parking lots shall be connected by a travel lane within the rear yard to provide an opportunity for pedestrians and motorists to pass from one site to another without using established rights of way.

Where an adjacent lot is not yet developed or the design of an adjacent lot precludes the ability to connect parking areas from one lot to another, the applicant shall identify on Site Plan Review materials the location where a future connection could take place.

Clear pedestrian pathways shall be provided between buildings, from the development to public ways, and across automobile driveways. Where there are existing sidewalks along Route 28, the design of the VCOD development shall provide accommodations for future expansion of 6' wide sidewalks onto the property along the entire frontage abutting Route 28. When no sidewalk exists, the developer shall provide a minimum six (6) foot wide sidewalk on the project property along the entire frontage abutting Route 28. Applicants are encouraged to explore opportunities to reconfigure existing sidewalks to better accommodate pedestrian and/or bicycle traffic.

Pursuant to Section 401.3, outdoor display of retail goods shall only occur along the facade of those commercial or mixed use structures where the goods are sold, shall not be within a public right of way, and shall not occur outside of normal business hours. No outdoor display of goods shall occur in a manner that precludes a minimum four (4) foot wide clear pedestrian passage along the sidewalk.

In complexes with multiple principal buildings, landscaped areas with walkways, courtyards or arcades shall be used in conjunction with compact site design to bring buildings closer together and enhance connectivity between them for residents and customers.

Building placement on lots adjacent to the Parkers River shall be set back in a manner that preserves viewsheds to the river from the public right of way to the maximum extent practicable. Buildings shall have their narrowest profile oriented to the street where such orientation will increase visibility to the river from the street. Any building located within 100 feet of the intersection of Parker's River and Route 28 shall be set back from Route 28 a minimum of 30 feet.

414.8.2

Circulation Standards.

Pedestrian connections between buildings shall be provided as safe, broad and easily identifiable ways of walking through areas that may also be occupied by automobiles. These walkways shall be designed to clearly show the space is primarily dedicated to pedestrian traffic through the use of raised or alternative surfaces, signage or raised landscaped islands that may serve as a safe resting area for pedestrians between automobile travel lanes.

Travel lanes and driveways developed interior to the site shall incorporate speed reduction techniques where travel lanes are adjacent to the edge of a building. Where a travel lane will be used solely for the purposes of loading or other maintenance activities, these features shall not be required. Speed bumps, raised cross walks, or other traffic calming measures shall be provided at a minimum frequency of one for every seventy (70) feet along the building edge.

If determined necessary through the VCOD SPR process, travel lanes within VCOD development shall make provision for bicycle travel. Lanes shall either be designed to show a dedicated bicycle lane(s) distinct from automobile travel lanes, at a minimum of four (4) feet in width, or coincident travel of bicycles and automobiles may be indicated with striping or shall incorporate bicycle sharrows (pavement markings).

414.8.3

Building Size and Modulation.

In order to modulate their scale, multi-story buildings shall clearly articulate the base, middle and top of the building through the use of cornices, stepbacks, borders of distinct material or other articulating features on every visible surface of the building.

Larger buildings with long facades shall articulate the facade with varied rooflines, distinct signage for multiple tenants, awnings, arcades, pilasters, columns, recessed spaces and/or entrances and any other features that serve to add texture to these longer facades. Unbroken facades in excess of fifty (50) feet shall not be allowed.

Large, flat, unadorned, blank walls shall not be allowed for any side or rear walls of buildings except where a rear wall is accessible only to service vehicles. Windows are required in sidewalls for buildings that front on Route 28. Where windows are not feasible for other buildings, raised or recessed vertical surfaces may be used in conjunction with awnings, window-shaped depressions and decorative lighting to make these surfaces more attractive.

Awnings shall be made of canvas and/or weather-coated materials. Awnings along continuous building lines that are separated shall be distinct from one building to another. Continuous awnings may only be allowed over a maximum of three contiguous storefronts.

414.8.4

Entranceways.

All buildings shall have a principal facade and entry (with operable doors) facing a street or other area dedicated to pedestrian circulation. Buildings may have more than one principal facade and/or entry. Primary entrances not facing a street shall open onto sidewalks or other pedestrian features at least ten (10) feet in width.

Main entrances shall incorporate architectural features that draw attention to the entrance. These features may include covered porches, distinct sidewalk surfacing, porticos, recessed doorways and awnings.

For commercial use, street level frontage shall be primarily devoted to entrances, shop windows or other displays. Street level frontage that incorporates setback areas beyond the minimum required in Section 414.6.3 (Table of Dimensional Requirements) shall incorporate seating and trash receptacles that are accessible to pedestrians to the extent practicable.

414.8.5

Fenestration.

Bays in facades above the ground floor level shall typically be double hung, except where acceptable design features or dormer variations may require a different ratio or style. Multiple bays may be placed immediately adjacent to one another in order to create larger window areas.

For commercial use, windows on the ground floor shall begin no lower than two (2) feet from street level and shall extend at a minimum height of seven (7) feet from street level. Windows may be closer to street level where they serve as a secondary entrance to outdoor seating or similar areas.

Mullion pattern and thickness shall reflect traditional New England design with broad decorative surfaces between windows. Highly reflective or industrial finish mullions are prohibited.

For commercial use, clear, non-reflective glass with minimal tinting shall be used at street level to allow maximum visual interaction between pedestrians and the interior of the building.

For commercial use, street level facades shall have a transparency of at least sixty (60) percent.

For commercial use, all windows (except storefront windows) shall be operable.

414.8.6

Dormers.

On pitched rooflines of 50' or more in length, dormers or other architectural elements shall be used to break up roof surfaces.

Dormer styles may include doghouse, eyebrow or shed dormers.

Windows shall fill the face wall of the dormer to the maximum extent practicable and match the architecture of windows in the rest of the building.

414.8.7

Roofline Articulation. Roof design shall provide a variety of building heights and varied roofline articulation.

Roof models shall include such styles as gables, gambrels, hip roofs, mansards, and flat roofs. Where flat roofs are proposed, these rooflines shall have decorative cornices, parapets or other architectural elements that extend from the roof edge to provide a decorative and articulated edge, and screen roof mounted equipment.

Decorative spires or towers may also be used to articulate rooflines and to provide focal points within a complex of principal buildings.

Industrial style metal roofing visible from the street shall not be permitted. Metal roofing that uses decorative finishes and textures may be used to accent individual architectural features such as roof trim, window bays or other projecting features.

Downspouts shall match gutters in material and finish.

Utilities and protuberances through or on the front of roofs are highly discouraged and should generally be shielded from view.

414.8.8

Building Materials. Materials and building treatments shall be used that reduce the visibility of buildings from distant vantage points and shall be consistent and compatible with traditional New England design as follows:

Where more than one material is used, traditionally heavier materials (stone, brick, concrete, etc.) shall be located below lighter materials (wood, fiber cement board, siding, etc). The change in material shall occur along a horizontal line, preferably at the floor level.

Natural materials, such as brick, stone, wood/concrete clapboards and shingles, and slate are the preferred materials for building siding and trim. Vinyl, PVC, cementitious, or other synthetic materials may be used for siding and trim where these applications imitate traditional materials such as clapboard or shingling. The burden of proof shall be on the applicant to demonstrate that the quality of the imitation material complies with the purpose of the bylaw. Industrial materials such as unfinished concrete, sheet metal, asphalt shingles (except for roofing), and insulated steel doors shall not be used except where essential to the proper function of a building feature as related to safety, security or proper mechanical function.

414.8.9

Landscaping. All areas of a site that are not used for structures, parking, circulation, or other hardscape amenities shall be landscaped. Landscaping may occur as installed or retained vegetation in accordance with the following standards.

Plant Selection.

No tree, shrub or plant shall be proposed that has been identified as an Invasive Species by the Massachusetts Plant Advisory Group in the latest version of The Evaluation of Non-Native Plant Species for Invasiveness in Massachusetts (with annotated list), has been identified as invasive or banned on the Massachusetts Prohibited Plant List as periodically updated by the Massachusetts Department of Agricultural Resources, or in any other reputable scientific publication that may be acceptable to the Board.

Landscaping shall be designed to remain functional and attractive during all seasons through a thoughtful selection of deciduous, evergreen, berrying and flowering plant varieties. Applicants are encouraged to consult the latest version of The Vascular Plants of Massachusetts: A County Checklist as published by the Massachusetts Division of Fisheries and Wildlife and Natural Heritage & Endangered Species Program to determine which plants are native to Barnstable County.

Plant varieties shall be selected for resistance to drought, moisture, salt, urban conditions, or insects and other pests depending on the location of landscaping and the specific stressors anticipated for different areas of the site. Plants shall be selected so that landscaping can be maintained with minimal care and the need for watering, pesticides or fertilizers can be minimized or eliminated. Applicants are encouraged to consult The Massachusetts Nursery and Landscape Association's Pocket Guide to Native and Low Maintenance Woody Plants.

The use of turf shall be minimized and shall not be planted in strips less than six (6) feet wide. Lawn seed mixes shall be drought resistant. To achieve a high level of drought tolerance, lawn mixes may include, but shall not be limited to, a predominance of fine fescues.

General Standards.

Where landscaped areas do not include planted materials, other decorative materials or features shall be used such as walkways, gathering places, or areas for public art. Unplanted areas shall not be filled with uniform gravel applications or riprap unless approved as part of stormwater management practices.

Landscape features shall provide a clearly defined edge between the vegetated areas and areas reserved for pedestrian or automobile travel through the use of hardscape elements that may include, but shall not be limited to, fencing, curbing, or decorative stone.

Any free-standing electrical structures, HVAC structures, or waste receptacles (e.g., dumpsters, grease traps, etc.) shall be fully screened from view through the use of evergreen vegetation, fencing, or a combinations thereof.

Buffers.

Landscaping shall be required between VCOD developments and residentially zoned areas with no less than a twenty (20) foot wide buffer.

Within the twenty (20) foot buffer to a residentially zoned area, a vegetated, virtually opaque screen shall be provided by a minimum six (6) foot wide planting strip maintained with densely planted shrubs not less than six (6) feet in height, except as allowed under paragraph f below. Shrubs shall be at least seventy-five percent (75%) evergreens however the use of tall, monoculture, and uniformly planted rows of evergreens or other similar species shall not be used.

The area of the buffer to a residentially zoned area that is not dedicated to the provision of a virtually opaque screen shall be landscaped in accordance with the other applicable standards of this bylaw.

Fences or walls may be a part of the required screening where deemed necessary, and as approved by the Town.

Earthen berms may be used in the buffer design, provided such side slopes are adequately stabilized by vegetation.

Breaks in the buffer may also be incorporated into the design to provide for water access and/or water views, and where designated pedestrian or bicycle crossings or other features specifically designed to provide attractive visibility or connections to surrounding neighborhoods are part of the approach to site-wide circulation.

Trees shall be planted in buffer areas and along frontage lines at a minimum frequency of one every thirty (30) linear feet measured along the buffer or lot line.

Parking Areas.

Developments with proposed parking areas of six (6) spaces or more shall provide a minimum of ten percent (10%) of landscaped open space within the area designated for parking inclusive of any landscaped borders surrounding the parking lot. Parking garages/structures shall not be subject to this requirement.

The ends of parking aisles in surface lots that are more than fifteen (15) spaces in length shall incorporate landscape islands at either end of the row. Each island shall include at least one tree. Where the length of a parking aisle exceeds twenty-five (25) spaces, additional landscaped islands shall be installed at regular intervals. This interval shall not be more than every thirteen (13) spaces. Where arced semi-circle islands, triangles or similar shapes are proposed, the width of landscaped islands perpendicular to adjacent spaces shall be no less than eight (8) feet at their widest point. Where oval shaped islands are proposed, the width of the island shall be no less than six (6) feet.

Trees shall be selected and placed in landscaped areas so that all parking areas can reasonably be expected to receive 30% canopy coverage. The expected canopy radius of each selected tree shall be noted in the required site plan materials.

Parking areas for five (5) or more cars or any travel lane shall be separated from any other property line interior to the VCOD by a minimum ten (10) foot wide landscaped buffer. The width of this buffer may be reduced, or the buffer may be eliminated entirely, where the applicant can demonstrate that the reduction or elimination of such buffer will not cause nuisance or undue harm to abutting properties and is specifically designed to:

Improve pedestrian, bicycle and/or vehicular circulation and/or reduce curb cuts;

ii.

Allow for the placement of driveways and/or buildings in a manner that better meets the design standards in Section 414.8 (VCOD Design Standards);

iii.

Anticipate improvements to abutting properties that will be complementary to the alternative buffer design.

Parking areas or travel lanes that extend to a property line and lie adjacent to any sidewalk on a public way shall be separated from the sidewalk by a minimum twelve (12) foot wide landscaped buffer. This buffer shall be designed to provide separation between the parking area and the sidewalk while maintaining visual awareness between the two areas. The parking area shall not be fully screened from the pedestrian way. Separation may be achieved through the use of low fencing, trees that maintain a canopy height of at least eight (8) feet, and/or low lying shrubs that will not exceed three (3) feet in height. The buffer may be interrupted by breaks designed to provide pedestrian connections from the parking area to the sidewalk.

Sight Lines.

With the exception of street trees, no hedge or other vegetation over three (3) feet in height above the adjacent ground shall be maintained within eight (8) feet of any street lot line unless the Town finds that such vegetation will not restrict visibility in such a way to hinder the safe entry of a vehicle from any driveway to the street.

At no street intersection in any district shall an obstruction to vision exceeding two and one-half (2.5) feet in height above the street grade be placed or permitted to grow on any lot within the triangle formed by the street lot lines abutting the intersection and a line connecting points on these street lot lines at a distance of thirty-five (35) feet from the point of intersection of the street lot lines.

Tree Specifications.

All proposed shade or canopy trees shall have a minimum 3" caliper.

Shade or canopy trees shall not be less than twelve (12) feet in planted height above grade.

Ornamental or flowering fruit trees shall not be less than seven (7) feet in planted height above grade unless specific dwarf varieties have been selected that require the planting of a smaller specimen.

Evergreen trees used for screening shall not be less than six (6) feet in planted height above grade;

At the time of planting, shrubs shall be well established and shall stand at least one (1) foot tall above grade.

All plant materials shall be hardy to the appropriate temperature zone as defined by the American Standards for Nursery Stock.

Any existing trees of four-inch (4") caliper or greater shall be retained where they are coincident with proposed landscaping areas. Such trees shall be removed if they are identified as an invasive species or if their health is clearly compromised at the time of application.

Trees that are included in any landscaping plan, which die subsequent to development, shall be replaced.

Decorative Walls and Fencing.

Chain link fencing shall be prohibited in all districts unless it is necessary for compliance with security purposes unique to an individual use, is vinyl coated, and completely screened from view through the use of opaque evergreen trees or through a second layer of wooden fence material.

In all districts, decorative fencing associated with commercial or mixed use properties may be wooden or vinyl where simulated picket or rail fence designs are used. Where wooden or vinyl fencing associated with commercial or mixed use is used, the fencing shall not be opaque, and shall not exceed four (4) feet in height except where screening utilities or waste receptacles in accordance with Section 414.8.9(2.) Fencing for structures that are exclusively residential (including hotel) may also be wooden, but may be opaque and up to six (6) feet tall. Such fences for residential areas shall only be allowed in the side or rear yard setbacks.

In VC 1 and 2, decorative free-standing (not "retaining") walls shall not exceed three (3) feet in height and shall be constructed of natural stone material in a manner that resembles traditional early New England stone walls. Masonry binder material may be used to secure stones, but shall not be visible on the sides of the wall. Bricks shall not be used in VC 2 for the construction of decorative walls.

Only in VC 3 and 4, decorative fencing associated with commercial or mixed use properties may be steel, cast aluminum, or other similar finished metal material (customarily used to imitate traditional cast iron fencing). These fences shall not be opaque and shall not exceed five (5) feet in height except where screening utilities or waste receptacles in accordance with Section 414.8.9(2). Posts shall be constructed of brick or stone.

In VC 3 and 4, decorative free-standing (not "retaining") walls shall not exceed four (4) feet in height and may be constructed of bricks or cut stone material.

414.8.10

Lighting. In addition to any applicable standards for lighting associated with parking areas or signs, the following shall apply. Limitations on the height of lighting shall be measured to the highest point of the light structure.

In VC 1 and 2, light standards for lights along public roads shall not exceed twelve (12) feet in height and may only include one (1) fixture per light standard. Lights in rear or side parking areas shall not exceed fifteen (15) feet in height and may include multiple fixtures per light standard;

In VC 3 and 4, light standards shall not exceed sixteen (16) feet in height and may include multiple fixtures per light standard;

Traditional New England "period" light posts and fixtures shall be used. Such lighting shall be decorative in shape, scale, and finish, with detailed, articulated treatments for the base, post, fixture and crown. Lighting shall not use standard industrial-finish poles or shades. Applicants are encouraged to reference the discussion of lighting poles and fixtures within the Cape Cod Commission's "Designing the Future to Honor the Past, Design Guidelines for Cape Cod."

Lighting installed or directed at the ground level shall not exceed a lumen density of 50,000 lumens per acre of developed area.

In commercial or mixed use development, trespass of light at property boundaries shall not exceed 0.1 foot candles. Where commercial or mixed use development abuts a residential district, trespass of light at that boundary shall not exceed 0.05 foot candles.

In development areas that are exclusively residential, trespass of light at property boundaries shall not exceed 0.05 foot candles.

At driveways, lighting may be up to 0.5 foot candles at the property line adjacent to a roadway.

Non-decorative lighting shall be tinted amber or in some manner acceptable to the Town in order to reduce the glare that would otherwise emanate from standard white bulbs and clear lenses.

414.8.11

Signage. The following standards for signage are provided as a supplement to existing standards in the Zoning Bylaw (Section 303 - Signs). Where there may be a perceived conflict between these two sections, the following standards shall apply.

Signs shall not be located in a dedicated pedestrian or bicycle way or in any manner that interrupts intended patterns of pedestrian/bicycle circulation.

Wall mounted or projected signs shall be located above the ground floor storefront and just below the second floor windows. Signs shall be integrated by structural design and finish with the design of the building and shall not obscure architectural features or windows.

Projecting signs shall be located to provide a minimum of 8' of clearance, shall not exceed 4 square feet in size and shall not project more than 4' from the building. Projecting signs used to advertise businesses on the second floor space shall be in addition to allowed wall signs and free standing signs.

Window signs are allowed in accordance with Section 303.5.3 but may only be wooden, corkboard, or chalkboard signs hanging or posted inside the building or stenciled lettering.

Sign colors should be selected to enhance sign legibility for both day and nighttime viewing consistent with the requirements of Section 303.5.4.3. Sign colors and finishes shall be compatible with the color of the building or development.

Sign materials shall be of high quality and compatible with the design of the building and facade on which they are placed.

Externally illuminating signs shall have downward-directed, wall mounted lights with fully-shielded decorative lamps that do not obscure the graphics of the sign.

Internally illuminated plastic or fiberglass cabinet (can) signs are not allowed. Where back-lighting is proposed, solid letters (reverse channel or halo) shall be used.

Signage on awnings is permitted only on the apron portion of the awning for business identification or to advertise particular goods and/or services.

10.

Size of free-standing signs shall adhere to Section 303.5.4. Free-standing, single pole (lollipop) signs are not allowed. Free-standing signs shall incorporate design details, materials and colors of the associated buildings. The base or support elements of freestanding signs shall be integrated with the surrounding environment, contribute to the functionality of pedestrian features and incorporate ornamental landscaping where possible.

11.

Gateway signs as defined in Zoning Bylaw Section 303 (signs) shall be allowed within the VCOD.

12.

Neon signs are not allowed.

§ 415 Registered marijuana dispensaries.

415.1

Purposes:

To provide for the establishment of Registered Marijuana Dispensaries (herein referred to as "RMD"), in an appropriate location and under specific conditions, in acknowledgment of the passage of Chapter 369 of the Acts of 2012 - An Act for the Humanitarian Medical use of Marijuana, and the Massachusetts Department of Public Health (herein referred to as "DPH") implementation regulations 105 CMR 725.000 - Implementation of an Act for the Humanitarian Medical Use of Marijuana.

To minimize and mitigate the adverse impacts of Registered Marijuana Dispensaries on adjacent properties, public ways, residential neighborhoods, schools and other places where children congregate, local historic districts, and other land uses potentially incompatible with said facilities; by regulating the siting, design, placement, safety, and monitoring of a RMD.

To limit the number of Registered Marijuana Dispensaries located in the Town of Yarmouth.

415.2

Applicability:

The acquisition, cultivation, possession, processing, transferring, transporting, selling, distributing, dispensing or administering marijuana or products that contain marijuana for Medical Use is prohibited unless permitted as a Registered Marijuana Dispensary under this Section 415.

No Registered Marijuana Dispensary shall be established unless permitted in compliance with the provisions of Section 415 and only with the proper registration through the DPH regulations 105 CMR 725.000.

Nothing in Section 415 is intended to regulate or prohibit uses or activities conducted in compliance with 105 CMR 725.035 under a Hardship Cultivation Registration issued by the DPH.

Registered Marijuana Dispensaries may only be allowed by Special Permit from the Special Permit Granting Authority in the Registered Marijuana Dispensary Overlay District (RMDOD), provided the facility meets the requirements of this Section 415.

If any provision of this Section or the application of any such provision to any person or circumstance, shall be held invalid, the remainder of this Section, to the extent it can be given effect, or the application of those provisions to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, and to this end the provisions of this Section are severable.

415.3

Special Permit Granting Authority: For the purposes of this section, the Special Permit Granting Authority (SPGA) is designated to be the Zoning Board of Appeals.

415.4

Design Review and Site Plan Review:

Formal Design Review as outlined in Section 103.4 is required and adherence to the Yarmouth Architectural and Site Design Standards are mandatory.

Formal Site Plan Review as outlined in Section 103.3 is required. The Yarmouth Police Department shall participate in Site Plan Review.

In addition to the submittal requirements outlined for Design Review and Site Plan Review, the applicant shall also submit the following for a RMD:

Detailed floor plan(s) of the premises that identifies the square footage available and describes the functional areas of the RMD.

Plan showing security measures for the Registered Marijuana Dispensary, including, but not limited to fencing, gates, lighting and alarms, to ensure personal safety and to protect the premises from theft.

415.5

General Requirements and Conditions for all Registered Marijuana Dispensaries.

The Town of Yarmouth shall have no more than two RMDs located within its borders.

All aspects of cultivation, processing, sales and dispensing of marijuana shall take place in a fixed location or locations within fully enclosed buildings that are monitored by surveillance cameras, alarm systems, and all other security measures in accordance with 105 CMR 725.000. If requested by the Yarmouth Police Department, all surveillance video shall be directly fed to the Yarmouth Police Station at the expense of the applicant.

No RMD shall be located inside a building containing any other uses or tenants.

If green houses are used for cultivation, curtains shall be utilized to prevent light pollution and illumination outside the greenhouse from dusk to dawn.

Industry Best Management Practices shall be utilized to control odors inside and outside the RMD facilities. No odors from marijuana or its processing shall be detectable by a person with an unimpaired and otherwise normal sense of smell at the exterior of the medical marijuana business or at any adjoining property or use.

No Registered Marijuana Dispensary located within the Town of Yarmouth shall have a gross floor area in excess of 10,000 square feet, which may include cultivation, processing and dispensing at up to two locations as allowed by 105 CMR 725.000.

Waste Handling: Waste disposal shall adhere to 105 CMR 725.000. No composting of waste materials may happen at the RMD. Outside storage of general solid waste not containing any usable marijuana shall be screened with a locking fence. Solid waste containing any usable marijuana will be stored inside a designated, locked, limited access area located inside a building or structure. Liquid waste from processing or disposal of marijuana shall not be discharged to surface waters or groundwater or septic systems.

Landscaping and Lighting: Landscaping and lighting plans shall endeavor to balance the need for security with aesthetic concerns and impacts to abutting properties and public ways. Trespass of light at abutting property boundaries shall not exceed 0.1 foot candles. Height of light fixtures shall not exceed 15 feet as measured from the highest point of the light structure to finished grade. Landscaping shall adhere to Section 301 (Parking and Loading Requirements), taking into consideration that trees, bushes, and other foliage outside of the RMD shall not allow for a person or persons to conceal themselves from sight. Fencing with lockable gates shall be provided around the perimeter of the RMD. Fencing and gates shall be a maximum of 8' high, and shall be decorative style wherever viewed from a public way or abutting property. Style of fencing and gates shall be approved by the Design Review Committee and Special Permit Granting Authority. Chain link fencing shall be prohibited wherever visible from the public way or abutting property.

Parking and Loading Requirements: Parking and Loading requirements for RMD shall adhere to Section 301.5 - Table of Parking Demand, and shall be applicable to mercantile use for that portion of the floor area designated for sales, plus Industrial use for the floor area designated for processing, storage and cultivation of medical marijuana.

10.

Signs:

RMD external signage shall not be illuminated except for a period of 30 minutes before sundown until closing. Neon signage is prohibited at all times.

Marijuana, Marijuana Infused Products (MIPs), and associated products shall not be displayed or clearly visible to a person from the exterior of a RMD.

The main entrance to the RMD may have one attached wall sign, no larger than four (4) square feet mounted to the building adjacent to the patient entrance. A free standing sign for a RMD shall be no larger than 6 square feet and shall identify the building by the DPH Registered Name only and shall include the street number.

A RMD shall not display on the exterior of the facility advertisements for marijuana or any brand name and shall not utilize graphics related to marijuana or paraphernalia on the exterior of the RMD, or the building in which the RMD is located.

11.

The hours of operation of a RMD shall be set by the Special Permit Granting Authority, but in no event shall said facilities be open to the public, and no sale or other distribution of marijuana shall occur upon the premises or via delivery from the premises, between the hours of 8:00 PM and 8:00 AM.

12.

A RMD shall not have a drive through. Off-site delivery of marijuana or MIPs by a RMD shall be conducted in accordance with 105 CMR 725.000.

13.

Consumption of marijuana on the premises or grounds of any RMD is prohibited, provided however that a RMD may administer marijuana for educational or demonstrative purposes to the extent allowed by 105 CMR 725.000.

14.

No RMD shall be located within 100 feet of a residential zoning district. This distance shall be measured in a straight line from the zoning district boundary to the nearest point of any component of the proposed RMD.

15.

No RMD shall be located within 500 feet of any of the following structures or uses in existence on the date of a complete application submission to the SPGA for an RMD Special Permit:

Any school of any type attended by children under the age of 18;

Any licensed child care facility, day care center or family day care home;

Any correctional facility, half-way house, or similar facility;

Libraries;

Family entertainment facilities;

Public parks, athletic fields and recreation facilities;

Religious facilities; and

Any facility in which children commonly congregate on an organized ongoing formal basis.

This distance shall be measured in a straight line from the nearest property line of the lot containing any of the above facilities to the nearest point of any principle building housing the RMD.

16.

The applicant shall provide the Yarmouth Police Department, the Building Department and the Special Permit Granting Authority with the name, phone number and email address of a main contact person and two back-up contact people to whom notice can be given if there are operating problems associated with the RMD.

17.

The applicant shall allow for periodic inspections by the Yarmouth Police Department, the Building Commissioner, and/or the Board of Health during the hours when the premises are open for business. The purpose of the periodic inspections is to determine if the licensed premises are operated in accordance with the requirements of the special permit and the conditions outlined therein.

18.

Information regarding the security measures to be implemented to deter and prevent unauthorized entrances and protect the premises, dispensary agents, and registered qualifying patients or their caregivers, shall be provided to the Yarmouth Police Department, including amendments.

19.

Emergency procedures, including a disaster plan with procedures to be followed in case of fire or other emergencies, which was developed by a RMD as part of their DPH registration, shall be provided to the Yarmouth Police Department and Yarmouth Fire Department, including amendments.

20.

All activities conducted by a RMD shall be conducted by employees of the registered facility non-profit corporation and cannot be conducted by or subcontracted to other entities.

415.6

Special Permit Requirements:

The Special Permit Granting Authority (SPGA) may grant a Special Permit for a RMD, in accordance with G.L. c. 40A, § 9, subject to the provisions and requirements outlined in Section 415, and in allowed zoning districts as shown in Section 202.5 - Use Regulation Table.

If an applicant is proposing two locations within Yarmouth for their RMD in accordance with 105 CMR 725.000, information on both locations are required and shall be submitted as two separate Special Permit applications.

Application Submittal Information: In addition to the application requirements set forth in Sections 415.5, 414.6 and the SPGA application forms and regulations, a special permit application for a Registered Marijuana Dispensary shall include the following supplemental information:

Narrative on how the proposed project is in compliance with these regulations, and how it has been designed to meet the Special Permit granting criteria contained in Section 415.6.4.

Overall scaled context map depicting all properties, residential zoning districts, and land uses around the subject parcel to verify compliance with the siting restrictions outlined in Sections 415.5.14 and 415.5.15.

Names, addresses, phone numbers and e-mail of officers of the non-profit.

Evidence that the RMD is eligible for and has applied for registration with the Massachusetts Department of Public Health and shall not commence operations until the registration is approved.

Evidence of the Applicant's right to use the proposed site for the RMD, such as a deed, lease, purchase and sale agreement or other legally-binding document.

If not grown and/or processed at the RMD, the applicant shall identify, and provide contact information for the source of all marijuana that will be sold or distributed at the RMD.

Supplemental information required for Design Review and Site Plan Review as outlined in Section 415.4.3.

Special Permit Criteria: The Special Permit Granting Authority shall not issue a special permit for a Registered Marijuana Dispensary unless it finds that:

The Facility is designed to minimize any adverse visual or economic impacts on abutters and other parties in interest, as defined in G.L. c. 40A, § 11;

The Facility is designed to ensure personal safety of those working at or utilizing the facility and to protect the premises from theft, while taking into consideration aesthetics and impacts to abutting properties and public ways.

Adequate measures have been taken to mitigate any noise, odors or light pollution at the property line, or to adjacent users if on the same parcel.

Demonstrate adequate waste disposal of products containing usable marijuana that does not adversely impact the environment or aquifer.

The Facility shall provide documentation for all permits from applicable agencies within the Commonwealth of Massachusetts and be in compliance with all applicable state laws and regulations; or demonstrate that it will be able to meet all said requirements. If the facility is not fully permitted at the time of the Special Permit determination, a condition may be placed on the Special Permit indicating that the Special Permit shall be null and void if these permits are not obtained.

The applicant has not provided materially false documents or testimony; and

The applicant has satisfied all of the conditions and requirements of Sections 415.5 and 415.6 herein.

Annual Review: The SPGA shall condition any Special Permit issued under this Section to require the applicant to schedule a review by the SPGA to demonstrate compliance with the conditions of the Special Permit and Zoning Bylaw, to provide documentation of any inspections conducted by the Department of Public Health and to provide documentation of continued registration of the RMD with the DPH. This review shall be conducted within 30 days of the anniversary date of the issuance of the Special Permit and shall be conducted on an annual basis for as long as the RMD is in operation under the Special Permit.

Special Permit Duration: The Special Permit shall be valid for no more than a period of two (2) years from the date of the decision, as long as the Special Permit has not been revoked by the SPGA, and as long as the RMD retains a valid registration with the Department of Public Health. A Special Permit shall be issued to the owner of the RMD and shall not transfer with a change in ownership of the business and/or property. A Special Permit shall lapse if not exercised within one year of issuance.

Discontinuance of Use: The RMD shall notify the Yarmouth Police Department and the Special Permit Granting Authority in writing within 48 hours of the permit holder ceasing to operate the RMD or if the permit holder's registration with DPH expires or is terminated. An RMD shall be required to remove all materials, plants, equipment and other paraphernalia prior to surrendering its state Registration or ceasing its operation.

Special Permit Revocation: Any violation of this Section or conditions of the Special Permit shall be grounds for revocation. The Special Permit shall be revoked by the SPGA if the RMD registration is revoked by the Massachusetts Department of Public Health. The DPH shall be notified of any known criminal or zoning violations, and shall be notified of a revocation of the Special Permit.

§ 416 Home occupations.

416.1

Goals & Objectives: To establish and regulate Home Occupations to allow residents to conduct small business activities from their homes, while protecting and maintaining the residential character of established neighborhoods, buildings and adjacent properties. The objective is to provide an incubator from which small businesses might grow and expand into Yarmouth's designated business districts.

416.2

General Provisions - Home Occupations: Home Occupations shall adhere to the following parameters:

Home Occupations shall be clearly incidental and secondary to the primary residential use and carried on by a permanent resident of the dwelling unit.

Home Occupations shall be conducted wholly within the dwelling or wholly within a building accessory thereto. Outdoor activities or storage associated with, or related to, Home Occupations shall be prohibited.

A combined maximum of 250 square feet of a dwelling unit or accessory structure shall be dedicated to a Home Occupation use.

Home Occupations shall have no exterior displays, signage or attractions that advertise, market or otherwise identify the business.

Home Occupations shall have no non-resident employees.

Home Occupations shall not permit clients or customers on the premises, not have on-site retail, not result in increases to traffic or parking, and not permit deliveries or shipping other than through the US Postal Service, FedEx, UPS or similar services.

Home Occupations shall have no equipment, process or activity that creates noise, dust, smoke, vibration, glare, fumes, odors, electrical or magnetic interference, or fire hazards. Home Occupations shall not involve the storage of hazardous, flammable or explosive substances except those commonly found or reasonably expected to be found in a residential dwelling unit. The provisions of Section 406 of this Bylaw apply to all Home Occupations in the Aquifer Protection Overlay District (APD).

Home Occupations shall result in no exterior modifications of buildings, structures or premises, or otherwise provide visible evidence that a home occupation is being conducted on the property; and shall be identifiable only as a residential dwelling.

Type of Home Occupations:

Examples of Home Occupations include the following:

Office-type work such as writing, editing, drafting, tax preparation, computer programming and computer data entry;

ii.

Internet or phone sales;

iii.

Custom sewing, quilting, knitting, and general crafts;

iv.

Creation of art such as paintings, ceramics, jewelry, and wood carving with hand tools;

Home cooking, baking and preserving for products for sale only at regional farmer's markets, or to local businesses, excluding Marijuana Infused Products (MIPs).

Home Occupations shall not include occupations requiring machinery such as mechanical repairs; woodworking; or metalwork.

Home Occupations shall not include occupations requiring the use or storage of toxic, dangerous or hazardous substances.

Any determination as to applicability of a use to the definition of Home Occupation shall be made by the Building Commissioner.

10.

Residents must obtain a Business Certificate from the Town of Yarmouth and all other local permits, licenses or waivers prior to commencing a Home Occupation. Business Certificates shall be renewed every four (4) years.

416.3

Violations: Any deviation from the General Provisions for Home Occupation constitutes a violation of this bylaw. Violators shall be given written notification by the Building Commissioner of any violations prior to the issuance of any fines or citations.

§ 418 Short-term rentals.

418.1

Purpose: To provide for the orderly operation of short-term rentals for residential properties that balance private, neighborhood and public interests, and will:

Protect and maintain the residential character of existing neighborhoods.

Protect public health and safety.

Enable residents to better afford to live here, maintain their properties and contribute to the community.

Ensure the continued revenues to the Town from the short-term rental excise tax.

418.2

Definitions:

SHORT-TERM RENTALS (STR)

Defined as owner-occupied, tenant-occupied or non-owner occupied property including, but not limited to, an apartment, house, cottage, condominium or a furnished accommodation that is not a hotel, motel, boarding or lodging house, or guesthouse, inn or bed and breakfast establishment, where at least one room or unit is rented to an occupant or occupants for 1-31 consecutive days at a time; and all accommodations are reserved in advance. All STRs shall be transient in nature and not rented to the same occupant month to month.

418.3

Ineligible Units: The following are not eligible to be rented as STRs.

Dwellings designated as income restricted or are subject to affordability covenants.

Accessory apartments.

Dwellings subject to any outstanding building, sanitary, zoning or fire code violations.

418.4

Registration & Inspections:

All short-term rentals shall be registered annually through the Yarmouth Health Department in accordance with General Bylaw Chapter 108 - Occupancy of Buildings, and shall adhere to all their health and safety requirements, including occupancy limitations based on inspections.

Rental certificates shall be displayed on the property in a prominent location and shall include 24-hour local contact information.

The Town reserves the right to post rental locations and contact information on the Town Website per MGL Ch. 64G, Section 14.

418.5

General Provisions:

Trash Removal: All household trash shall be removed from the premises immediately after occupancy is concluded, and at a minimum once per week.

Parking: Adequate on-site parking shall be provided, with a minimum of one space/bedroom. There shall be no parking on lawns, no overnight street parking, and no street parking that impedes traffic or traffic safety at any time.

Duration: Renting for less than two (2) consecutive nights is prohibited.

Type of Rentals:

STRs are for Residential uses only. No large scale events including but not limited to weddings, corporate events, class/family reunions, and photo shoots.

No events that include tents or amplified music.

Shall not adversely affect the residential character of the neighborhood nor interfere with any reasonable person's enjoyment of their residence.

Pets: Adherence to any and all state and local regulations regarding pets.

Use of RVs, campers or sleeping tents is prohibited.

Short Term Rentals shall meet all local and state regulations, including but not limited to building and fire codes, health codes, water supply and wastewater disposal.

418.6

Sunset Clause: Section 418 - allowing Short Term Rentals, along with corresponding provisions of A13 of Section 202.5 - Use Regulation Table, shall expire, and its terms shall no longer remain in effect as of 11:59 PM, November 30, 2026. During this time period, the Town will undertake a more detailed planning process related to Short-Term Rentals. Any STR use that complies with the terms of this bylaw shall be permitted to continue up to and including the sunset of this bylaw, at which time it shall lapse.

Yarmouth City Zoning Code

ARTICLE IV

§ 401 Accessory uses.

§ 402 Single & multi-family cluster developments, planned residential developments, and congregate living housing.

§ 403 Flood area provisions.

§ 404 Motels.

§ 405 Wetlands.

§ 406 Aquifer Protection Overlay District.

§ 407 ACCESSORY APARTMENTS.

§ 408 Communication antennas, buildings, and towers.

§ 410 Adult uses.

§ 411 Revitalization Overlay Architectural District.

§ 412 Affordable housing.

§ 413 Wind energy facilities.

§ 414 Village Centers Overlay District (VCOD).

§ 415 Registered marijuana dispensaries.

§ 416 Home occupations.

§ 418 Short-term rentals.