This Zoning Bylaw is adopted in accordance with the provision
of Chapter 40A of the General Laws.
The purpose of this chapter is to promote the health, safety
and convenience of the inhabitants of Orleans and to protect the welfare
of the citizens.
A.
Noninterference. This chapter shall not interfere with or annul any
other town bylaw, rule, regulation or permit, provided that, unless
specifically excepted or where a conflict exists within the chapter
itself, where this chapter is more stringent, it shall control.
B.
Conformance. Construction or operations under a building or Special
Permit shall conform to any subsequent amendment of this chapter unless
the use or construction is commenced within a period of six (6) months
after the issuance of the permit and, in cases involving construction,
unless such construction is continued through to completion as continuously
and expeditiously as is reasonable.
C.
Nonconforming Structures and Uses. Legally preexisting, nonconforming structures or uses may be continued, in accordance with G.L. c. 40A, § 6, subject to the following:
[Amended 5-8-2006 ATM, Art. 24]
(1)
Alteration, Reconstruction (which shall include raze and replacement),
Extension or Structural Change (collectively "alteration") to Nonconforming
Single or Two Family Residential Structures. Nonconforming single
or two family residential structures may be altered, reconstructed,
extended or structurally changed provided that such alteration does
not increase the nonconforming nature of such structure.
(a)
In the following circumstances alteration to a nonconforming
single or two family residential structure shall not be considered
an increase in the nonconforming nature of the structure and shall
be allowed as of right:
[Amended 5-7-2007 ATM, Art. 24]
[1]
Alteration to a structure which complies with all current setbacks,
yard, lot coverage and building height requirements but is located
on a lot with insufficient area, where the alteration will also comply
with all of said current requirements.
[2]
Alteration to a structure which complies with all current setbacks,
yard, lot coverage and building height requirements but is located
on a lot with insufficient frontage, where the alteration will also
comply with all of said current requirements.
[3]
Alteration to a structure which encroaches upon one or more
required yard or setback areas, where the alteration will comply with
all current setback, yard, lot coverage and building height requirements;
the provisions of this subsection shall apply regardless of whether
the lot complies with current area and frontage requirements.
(b)
Alteration to a nonconforming single or two family residential
structure that increases the nonconforming nature of the structure,
including those alterations which increase or intensify a pre-existing
nonconformity, but not including those alterations which result in
the creation of a new nonconformity, may be allowed on Special Permit
from the Board of Appeals provided the Board of Appeals finds that
any such alteration will not be substantially more detrimental to
the neighborhood than the existing nonconforming structure. Any alteration
which results in the creation of a new nonconformity shall require
a variance.
[1]
Editor's Note: This article also repealed former Subsection
C(1)(c), which immediately followed and provided additional provisions
regarding alterations to nonconforming single- or two-family residential.
(2)
Alteration, Reconstruction, Extension or Structural Change (collectively
"alteration") to Nonconforming Structures Other than Single and Two
Family Structures. Other nonconforming structures or uses may be altered,
reconstructed, extended or structurally changed on Special Permit
from the Board of Appeals if the Board of Appeals finds that such
alteration will not be substantially more detrimental to the neighborhood
than the existing nonconforming structure or use. The alteration of
a nonconforming structure in such manner as to create a new dimensional
nonconformity or to intensify an existing dimensional nonconformity,
shall require the Special Permit finding and the issuance of a variance
by the Board of Appeals.
(3)
Restoration. A nonconforming structure or use may be reconstructed
or reinstituted if destroyed by fire or other casualty if reconstructed
or reinstituted within a period of two (2) years from the date of
the catastrophe, or else such reconstruction must comply with this
chapter.
(4)
Abandonment. A nonconforming use or structure which has been abandoned
or otherwise discontinued for a period of two (2) years shall not
be reestablished, and any future use of the premises shall conform
to this chapter.
(5)
Reversion. Once changed to be conforming, no structure or use shall
be permitted to revert to a nonconforming structure or use.
D.
Isolated lots and subdivisions. Under MGL C. 40A, § 6, lots not held in common ownership with any adjoining land are generally not subject to subsequent amendments in dimensional requirements, and land shown on subdivisions or other plans endorsed by the Planning Board is exempted from subsequent zoning amendments in certain respects for a limited period of time. (See MGL C. 40A, § 6.6.) Those exemptions are extended to other lots for single-family dwellings as specified in § 164-22A(2).
To make clear certain terms used in this chapter, the following
meanings shall apply unless a contrary intention clearly appears:
A subsidiary dwelling unit created within, detached from,
or as an extension to an existing single-family dwelling.
[Amended 5-9-2016 ATM,
Art. 38]
An establishment having as a substantial or significant portion
of its stock in trade, books, magazines, and other matter which are
distinguished or characterized by their emphasis depicting, describing,
or relating to sexual conduct or sexual excitement as defined in Massachusetts
General Laws, Chapter 272 Section 31.
[Added 5-9-1989 ATM, Art. 23]
Any establishment which provides live entertainment for its
patrons, which includes the display of nudity, as that term is defined
in M.G.L. Chapter 272, § 31.
[Added 5-10-1999 ATM, Art. 18]
An enclosed building used for presenting material distinguished
by an emphasis on matter depicting, describing, or relating to sexual
conduct or sexual excitement as defined in Massachusetts General Laws,
Chapter 272, Section 31.
[Added 5-9-1989 ATM, Art. 23]
Any structure (lattice tower, monopole, or other) intended
to support equipment, including antennas, microwave dishes, wiring,
and other devices attached thereto, utilized in connection with the
reception or transmission of electromagnetic radiation for the purpose
of radio communications by a federally licensed amateur radio operator.
[Added 5-8-2000 ATM, Art. 17]
An outdoor commercial enterprise other than an itinerant
circus or carnival which includes one or more of the following types
of amusements: roller coasters, amusement rides, water slides, shooting
galleries or other paraphernalia for amusement or entertainment purposes.
[Added 5-12-1992 ATM, Art. 36]
A structure or lot, regardless of form of tenure, containing three (3) or more dwelling units or a mixed-use structure containing three (3) or more dwelling units having a majority of floor area devoted to non-residential use, except that up to four (4) dwelling units may be contained in a commercial structure in the Village Center District without being considered an apartment. (See § 164-32 and § 164-19.1).
[Amended 5-5-1987 ATM, Art. 47; 5-12-1998 ATM, Art. 30; 5-7-2001 ATM, Art. 33; 5-13-2008 ATM, Art. 24; 10-31-2020 STM by Art. 34]
That land which is contiguous, not in the Conservancy District, and which is not (a) a swamp, pond, bog, dry bog, salt marsh, coastal bank, coastal beach, coastal dune, (b) area of exposed ground water, nor (c) subject to flooding from storms and mean high tides. (See § 164-23 and § 164-20). The terms "swamp," "pond,", "salt marsh," "coastal bank," "coastal beach," or "coastal dune," as used in this section , shall be defined as in the Massachusetts Wetlands Protection Act, MGL C. 131, § 40, and the regulations issued thereunder, 310 CMR 10.04, as of May, 2008.
[Amended 5-13-2008 ATM, Art. 24; 5-13-2013 ATM, Art. 38; 5-13-2019 ATM by Art. 58]
A structure enclosed with exterior walls or firewalls, whether
portable or fixed, built, erected, and framed, and having a roof for
the shelter of persons, animals, or property. For the purposes of
yard requirements, decks shall be considered part of a building but
shall not count towards the building coverage of the lot.
[Added 5-10-2004 ATM, Art. 25; amended 5-11-2009 ATM, Art. 23]
The buildable upland portion of a lot which is covered by
buildings, as well as porches and bulkheads, but excluding parking
areas, pools, decks, or any permanent structures which do not have
roofs.
[Added 5-13-1996 ATM, Art. 21; amended 5-11-2009 ATM, Art. 23]
The vertical distance from the average undisturbed existing natural grade at the foundation on the street side of the building to the top of the ridge. Except as otherwise provided in § 164-40.2B, or § 164-35.1D. Non-Commercial Wind Facilities, the only portions of a structure permitted above the ridge line shall be chimneys, air conditioning equipment, skylights, ventilators and antennae and other like features appurtenant to buildings which are usually carried above roofs and are not used for human occupancy and which in no event shall exceed 5 feet above the ridge line. See Section 164-19.1 E for third floor housing allowance in the Village Center District.
[Amended 5-9-1988 ATM, Art. 66; 11-18-1991 STM, Art. 3; 5-7-2007 ATM, Art. 23; 5-10-2010 ATM, Art. 24]
Either the establishment of a commercial use in an existing
commercial or industrial space where the resulting commercial use
constitutes a different use category than the existing commercial
use pursuant to the use regulation schedule at 164-13, or a use which
by reason of its normal operation, would cause readily observable
and substantial differences from the existing use in one or more of
the following: patronage, service, noise, employment, appearance,
parking, traffic or other similar characteristics.
[Added 5-8-2006 ATM, Art. 28]
A structure with mixed uses, containing dwelling units, including buildings containing office, retail or other non-residential use together with the dwelling units. Any mixed use containing more than 2 dwelling units, or 4 dwelling units in the Village Center District, shall be regulated as Apartment Development under § 164-31.
[Added 5-12-1998 ATM, Art. 26; amended 10-31-2020 STM by Art. 36]
Any antenna, device, wiring or equipment utilized in connection
with the reception or transmission of electromagnetic radiation and
which is attached to a pre-existing structure. This definition does
not include a communication tower or monopole.
[Added 5-19-1997 ATM, Art. 29]
Any building utilized primarily for the installation and
operation of equipment for generating and detecting electromagnetic
radiation and which is accessory to a communication structure.
[Added 5-19-1997 ATM, Art. 29]
Any structure intended to support equipment used for the
transmission and/or reception of electromagnetic radiation, including
communication towers, monopoles, antennas, wiring or other devices
attached thereto, including guy wires.
[Added 5-19-1997 ATM, Art. 29]
Any multi-sided structure intended to support equipment used
for the transmission and reception of electromagnetic radiation including
antennas, microwave dishes, wiring or other devices attached thereto.
[Added 5-19-1997 ATM, Art. 29]
Any cylindrical pole structure intended to support equipment
used for the transmission and reception of electromagnetic radiation
including antennas, wiring or other devices attached thereto.
[Added 5-19-1997 ATM, Art. 29]
A residence for six (6) or more unrelated persons, single
or couples, with some shared facilities and shared services primarily
as a convenience but with no licensed care.
[Amended 5-7-2001 ATM, Art. 32]
Accommodation for not more than six (6) persons in a congregate
dwelling, sharing a single kitchen.
See Section 164-15.
[Added 5-10-1999 ATM, Art. 19]
A premises which is used by a building contractor or other
tradesman or landscaper for the fabrication of subassemblies or the
storage of supplies or equipment. For the purpose of this bylaw a
single vehicle used by the owner for the storage of small items of
material and equipment that are used on a day by day basis in carrying
out his trade, and/or used by the owner for transportation purposes,
shall not be classified as a contractor’s yard.
[Added 5-7-2012 ATM, Art. 27]
Any group of two (2) or more rental cottages on a parcel
of land.
This term shall include carpenters, electricians, painters,
plumbers, paper-hangers, and shellfish opening, as customarily carried
on in the Town, masons, radio and TV repairs, dressmaking, hand laundering,
home handicrafts, home cooking, lawn mower and bicycle repairs, the
practice of any recognized profession and any others of similar nature,
which may be approved on Special Permit by the Board of Appeals, provided
it is not injurious, noxious and offensive to the neighborhood, and
provided there is no outside display of goods. This definition does
not include a home office which has no non-occupant employees, on-site
sales, or any other external evidence of the occupation.
[Amended 5-7-2012 ATM, Art. 26; 10-31-2020 STM by Art. 32]
One pack or collection of dogs on a single lot, maintained
for breeding, boarding, sale, training, hunting or other commercial
purposes and specifically including every pack or collection of more
than three dogs three months old or over, owned or kept on a single
lot for any purpose, other than 3 or more dogs kept solely as personal
pets of the owner of the dogs.
[Added 5-13-2013 ATM, Art. 39]
A building or portion thereof used exclusively for residential
purposes, including one or multiple dwelling units, but not including
a facility offering transient lodging accommodations to the general
public.
[Added 5-8-2000 ATM, Art. 19]
One (1) or more rooms intended as a single housekeeping unit
for the use of one (1) or more individuals living together, and having
cooking, sanitary and sleeping facilities. A "dwelling unit" does
not include garages, sheds or an accessory or additional structure,
whether attached or unattached.
A combination of materials assembled at a fixed location
for the purposes of protection, confinement, enclosure, or privacy.
Any fence, that exceeds seven (7) feet in height, as measured from
the undisturbed existing natural grade, shall be setback from the
lot line a distance equal to the height of the fence. Trees, hedges,
plants and all other vegetation shall not be considered a fence.
[Added 5-10-2004 ATM, Art. 25; amended 5-11-2009 ATM, Art. 23; amended 5-11-2009 ATM, Art. 23]
The sum of the horizontal areas of the several floors of
all buildings on the same lot, measured from the exterior face of
exterior walls, but not including interior parking or loading areas,
cellars with walls more than fifty percent (50%) below grade and areas
having less than six (6) feet of floor-to-ceiling height.
[Added 10-23-85 STM, Art. 40]
A separate structure accessory to a single-family dwelling
or two-family dwelling and containing sleeping and toilet facilities.
A group of rental units for human habitation under one (1)
roof which shall not provide space for cooking within each unit and
may include an apartment and office for the resident manager as well
as customary public facilities for the patrons. "Hotels, motels or
motor inns" shall be considered a business use of the land occupied.
[Amended 5-6-86 ATM, Art. 74]
A physical connection, resembling a driveway, between two
parking lots or parking areas, either private or public, that allows
for site traffic to circulate conveniently and safely between the
areas without traveling on or crossing public roadways.
[Added 5-8-2006 ATM, Art. 28]
A structure originally designed as a dwelling unit for single-family
use which may be converted to provide rentable sleeping rooms [not
more than five (5)] for individuals [not more than ten (10)] with
a family resident in said dwelling, and may provide a common dining
area within the facility. It may include a boardinghouse, tourist
home, rooming house, and bed-and-breakfast but does not include a
hotel, motel or motor inn.
An area or parcel of land in undivided ownership with definite
boundaries, used or available for use as the site of one (1) or more
buildings.
The boundary of a lot coinciding with a street line if there
are both rights of access and potential vehicular access across that
boundary and the street either has been determined by the Planning
Board to provide adequate access to the premises under the provisions
of the Subdivision Control Law and the Orleans Subdivision Regulations
or is shown on an approved definitive subdivision plan; measured continuously
along one (1) street line between side lot lines or, in the case of
corner lots, between one (1) side lot line and the midpoint of the
corner radius.
[Amended 5-6-1986 ATM, Art. 70]
The number resulting from the division of the square of the
perimeter by the square feet of area of the lot or said portion thereof.
[Perimeter2/Lot Sq Ft = <22] A lot may
have a shape number greater than 22 provided that the site intended
for building, respective of yard requirements, is contained within
a portion of said lot and said portion consists of at least 40,000
square feet of buildable upland and has a shape number not exceeding
22.
[Added 5-10-2004 ATM, Art. 24]
A boat basin and/or boatyard which provides facilities for
mooring boats, storage and servicing of all types of recreational
craft, including supplies and repairs.
A marina which includes such additional facilities as restaurants,
cocktail lounges, luncheonettes, automatic laundries, waterskiing
and skin-diving supplies and instruction, children's play areas, apparel
shops, boat rentals, club houses, yacht sales and brokerage offices
and transient residential accommodations.
Any vehicle or object on wheels which is so designed and
constructed or reconstructed or added to by means of such accessories
as to permit the vehicle to travel over the highways and as to permit
the use thereof for camping, living or business purposes, whether
resting on wheels, jacks or other foundations, and shall include the
type of vehicle commonly known as a "mobile home". A trailer, when
used for dwelling or business purposes and affixed to land, shall
remain and be considered a trailer for all purposes of this chapter.
The words "mobile camping unit" and "mobile business unit" shall include
travel trailers, self-powered camping units, expandable camping units
and similar camping devices.
An option to conventional grid subdivisions allowing a development where single-family dwellings are built on lots with less than the ordinary area and frontage, and the remaining land is set aside for open space, according to the procedure and design standards described in § 164-40.1 of this bylaw.
[Added 5-8-1990 ATM, Art. 42]
An establishment for the sale of on-premise food, the majority
of which is served and consumed at tables or counters on the premises
with open plates and utensils, and not in bags or containers suitable
for takeout. Any take-out service conducted at a conventional restaurant
shall be incidental and subordinate to the on-premise dining.
[Added 5-11-2009 ATM, Art. 23]
An establishment for the sale of on-premises-prepared food
or drink packaged for takeout, whether for consumption on the premises
or not, unless such sales are wholly incidental to a conventional
restaurant or other use defined in this section, and including establishments
providing in-car service or window service or service at two (2) or
more take-away stations within the town.
A restaurant business that is required by contractual or
other arrangement or as a franchise to maintain two (2) or more of
the following items: standardized (formula) array of services and/or
merchandise including menu, trademark, logo, service mark, symbol,
décor, architecture, façade, layout, uniforms, color
scheme, and which are utilized by ten (10) or more other businesses
worldwide regardless of ownership or location.
[Added 5-7-2012 ATM, Art. 25]
A line measured from the line of a way, public and/or private,
on which the lot abuts.
Any device, including recognizable logos, pictographs and objects of similar nature, which is used to identify or advertise a permitted use, service or activity in the zone in which it is located. (See § 164-35.)
The boundary line of a road layout that coincides with the
boundary line of adjoining lots.
[Added 5-10-1999 ATM, Art. 19]
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, radioactive or infectious wastes,
acids and alkalies and include products such as pesticides, herbicides,
solvents and thinners. Wastes generated by the following activities,
without limitation, are presumed to be toxic or hazardous:
|
Airplane, boat and motor service and repair
| |
|
Chemical and bacterioiogical laboratory operation
| |
|
Cabinetmaking
| |
|
Dry cleaning
| |
|
Electronic circuit assembly
| |
|
Metal plating, finishing and polishing
| |
|
Motor and machinery service and assembly
| |
|
Painting, wood preserving and furniture stripping
| |
|
Pesticide and herbicide application
| |
|
Photographic processing
| |
|
Printing
|
Any vehicle or object which is, has been or may be portable.
For the purpose of this definition, "trailers" shall include, but
shall not be limited to, motor freight trailers, dump trailers, utility
trailers and the like other than those covered in this section. A
Mobile Food Establishment as defined under § 164-36.1.B.
shall not be considered a trailer.
[Amended 10-16-2017 STM,
Art. 14]
A use engaged in storage, wholesale, and distribution of
manufactured products, supplies, and equipment, but excluding bulk
storage of materials that are flammable or explosive or that create
hazardous or commonly recognized offensive conditions.
[Added 5-8-2000 ATM, Art. 19]
An area open to the sky, located between a structure or other
property line and any principal structure or element thereof. Projections
allowed to encroach on building lines and yards shall only be allowed
under 164-22.D.
[Amended 5-7-2007 ATM, Art. 25]
A yard extending between lot side lines across the front
of a lot adjacent to each street the lot adjoins.
A yard adjacent to the rear lot lines and extending between
side lot lines.
A yard adjacent to the side lot line and extending from the
front yard to the rear yard.
