Town of Nantucket, MA Use and Intensity Regulations

Editor's Note: The Use Chart is included as an attachment to this chapter.

Prohibited uses in all districts. Notwithstanding any other provisions of this chapter, the following uses shall be prohibited in all districts:

More than two dwellings or dwelling units per lot except as otherwise allowed in this chapter.

Use of a trailer or a building-like container for residential purposes or as a principal or accessory building or structure except for "tiny house units" or as necessary for storage of chemicals and/or equipment by the Nantucket Fire Department.

[Amended 4-2-2016 ATM by Art. 52, AG approval 7-12-2016]

Use of a trailer or building-like containers as a temporary office or for construction materials storage (permitted only when incidental and accessory to construction actively underway on the same lot) longer than 12 months total.

Any building or structure or any use of any building, structure or premises which is injurious, obnoxious, offensive, dangerous or a nuisance to the community or to the neighborhood through noise vibration, concussion, odors, fumes, smoke, gases, dust, harmful fluids or substances, danger of fire or explosion or other objectionable feature detrimental to the community or neighborhood health, safety, convenience, morals or welfare.

Not more than one motor vehicle which is and for the immediately preceding thirty-day period has been unregistered disabled, dismantled or inoperative shall be stored on any lot unless such vehicle is enclosed within a building.

[Amended 4-2-2016 ATM by Art. 59, AG approval 7-12-2016]

The taking off or landing of airplanes, helicopters and any other kind of aircraft as a principal or accessory use shall be prohibited. Landings shall be exempt from this prohibition at the Nantucket Memorial Airport, at the designated landing area at the Nantucket Cottage Hospital, in cases of emergency, or as directed by federal, state or local government officials or their authorized agents in the exercise of governmental responsibilities.

[Added 4-1-2017 ATM by Art. 71, AG approval 7-25-2017]

Medical marijuana treatment centers and recreational marijuana establishments shall be prohibited as an accessory use in all zoning districts.

[Added 11-6-2017 STM by Art. 2, AG approval 2-26-2018]

§ 139-8 Residential development options.

[Amended 11-13-1990 STM by Art. 19, AG approval 3-19-1991; 4-12-1994 ATM by Art. 48, AG approval 4-29-1994; 4-10-1995 ATM by Arts. 42 and 43, AG approval 5-22-1995; 4-9-2001 ATM by Art. 36, AG approval 8-2-2001; 4-15-2003 ATM by Art. 28, AG approval 8-27-2003; 4-12-2004 ATM by Arts. 35 and 36, AG approval 9-3-2004; 4-8-2008 ATM by Arts. 58, 59 and 64, AG approval 8-18-2008; 4-6-2009 ATM by Art. 27, AG approval 8-10-2009[1]; 4-6-2011 ATM by Arts. 63 and 64, AG approval 9-15-2011; 3-31-2012 ATM by Art. 54, AG approval 7-12-2012]

Flex development and open space residential development options shall become effective on January 1, 2013, and may be allowed as an alternative to a conventional subdivision. Flex development may be allowed in the Town Overlay District (TOD) through the issuance of a special permit by the Planning Board. Open space residential development is allowed by-right in the Country Overlay District (COD). The primary purposes of these development options are as follows:

(a)	To allow for greater flexibility and creativity in the design of residential developments.
(b)	To encourage a more efficient form of development that consumes less open land.
(c)	To reduce infrastructure and site disturbance through the creation of compact development.
(d)	To encourage the permanent preservation of open space.

Requirements.

The following requirements shall apply to flex development and open space residential development:

All plans shall conform to the requirements of MGL c. 41, §§ 81K through 81GG and the "Rules and Regulations Governing the Subdivision of Land," as may be amended by the Planning Board from time to time.

Building lots shall not be subject to the regularity formula in § 139-16D.

Building lots shall be restricted from any further lot division that results in additional building lots.

To ensure that all common open space and common facilities within the development will be properly maintained, a homeowners' association shall be established in the form of a corporation, nonprofit organization, or trust. The homeowners' association legal documents shall be subject to approval by the Planning Board and shall be filed at the Nantucket County Registry of Deeds or the Registry District of the Land Court.

The maximum number of building lots, excluding any bonuses, shall not exceed the number which may otherwise have been created on a conventional subdivision plan meeting all dimensional and upland requirements of the Zoning Bylaw and in full conformance with (and requiring no waivers from) the "Rules and Regulations Governing the Subdivision of Land," as may be amended by the Planning Board from time to time, as demonstrated by the submission of a dimensioned lotting plan.

Preservation of open space shall be required, with the amount based on the total tract size pursuant to Subsections A(3) and (4) below.

A restriction defining the protection of the open space shall be enforceable by the Town or County of Nantucket and recorded at the Nantucket County Registry of Deeds or the Registry District of the Land Court. In addition, open space shall be:

Owned by the Town of County of Nantucket; or

Owned by the Nantucket Islands Land Bank; or

Conveyed to an established nonprofit organization, a principal purpose of which is the conservation of open land; or

[d]

Subject to a permanent conservation restriction, as provided in MGL c. 184, §§ 31 through 33, and owned in common by a corporation or trust composed of the owners of lots within the development. A letter of intent to hold the conservation restriction from the prospective holder shall be required before a final plan is endorsed.

[Amended 4-3-2018 ATM by Art. 49; AG approval 7-18-2018]

Open space areas included in the minimum calculation required in Subsection A(3) and (4) shall be restricted to one or more of the following uses, subject to approval of the Planning Board, in accordance with MGL c. 184, §§ 31 and 32:

[Amended 4-3-2018 ATM by Art. 49; AG approval 7-18-2018]

Preservation of important natural features on a lot.

Passive recreation, including, but not limited to, nature study, boating, fishing, hunting, picnicking, and horseback riding.

Active recreation.

[d]

Bicycle paths and walking trails.

[e]

Agriculture.

[f]

Structures accessory to the use of the open space which may include, but are not limited to: boathouses, duck walks, landings, agricultural outbuildings, outbuildings associated with passive recreational use, and gazebos. The following accessory structures are allowed, but their ground cover is prohibited from inclusion in the minimum open space requirement: residential swimming pool(s) and/or hot tub(s)/spa(s) and their associated decks and/or patios, outbuildings which are cabanas, clubhouses, fitness studios, and/or offices, and game courts.

[g]

Water features (excluding residential swimming pools) consistent with the purposes described above.

[h]

Individual underground septic systems or wells that provide service to the lots within the development.

Subject to Subsections A(3) and (4), a maximum of 50% of the required open space may be located on noncontiguous parcels of land in common ownership with the tract to be developed. The Planning Board shall determine the development potential of the noncontiguous parcel(s) and consider the open space value subject to the following criteria:

Preservation of scenic views or vistas.

Common border to existing open space.

Existence of a fragile ecological environment.

[d]

Agricultural importance.

[e]

Importance to the community for recreation, water supply, cultural or historic municipal use.

[f]

Importance to the community as determined by the Planning Board.

Bonus lots.

Flex developments and open space residential developments shall be entitled to bonus lots, subject to the requirements below. Bonus lots shall be based on the number of building lots which could have been created through a conventional subdivision plan, as set forth in § 139-8A(1)(a)[5]. For all density calculations that result in a fractional number, only fractions equal to or greater than 0.51 should be rounded to the next highest whole number.

A 10% increase in the number of building lots that could have been created through the submission of a conventional subdivision plan.

A 10% increase if the open space remains open to the public through a permanent access easement or conveyance to the Town or County of Nantucket or the Nantucket Islands Land Bank.

A 1% increase for each 10% of the cluster lots restricted to a single dwelling unit, provided that the restricted lots would otherwise be permitted a second dwelling pursuant to Board of Health regulations.

The total increase in building lots shall not exceed 30% of the number of building lots which could have been created through a conventional subdivision plan.

Flex development.

Flex development may be allowed in the Town Overlay District (TOD) through the issuance of a special permit subject to the following:

The Planning Board shall be the sole special permit granting authority for relief pursuant to any provision of this chapter.

Planning Board approval of a special permit shall not substitute for approval of a definitive subdivision or approval not required (ANR) plan.

Flex Development shall be permitted in the R-40, R-20, R-10, R-5, and ROH Districts only and shall conform to the following dimensional requirements:

	R-40	R-20	R-10	R-5	ROH
Minimum tract area (acres)	5	3	2	1	1
Open land required (total tract)	70%	50%	40%	30%	25%
Minimum lot size (square feet)	10,000	7,500	4,000	3,000	3,000
Maximum lot ground cover ratio	35%	30%	50%	60%	65%
Minimum frontage	20	20	20	0	0
Front setback	5	5	5	5	0
Side/Rear setback	5	5	5	5	0

The Planning Board may reduce, by up to 100%, the setbacks, provided that the Planning Board finds that such a change will not have an adverse impact on the neighborhood and that it will promote the purposes and intent of this section.

The Planning Board may reduce, by up to 100%, the required frontage, provided that the lot has sufficient access through an easement.

[6]

The Planning Board may waive the required minimum tract area, provided that the Planning Board finds that the proposed flex development is more in keeping with the surrounding area, promotes a more efficient use of land, and that it will promote the purposes and intent of this section.

[7]

Noncontiguous open space parcels, subject to Subsection A(1)(b)[3], may be located in the Town Overlay District (TOD) or the Country Overlay District (COD).

The following development and design criteria will be considered by the Planning Board during its review of an application for flex development:

Landscaping features utilizing natural or man-made materials are encouraged and may include effective screening, planting of street trees, and preservation of existing mature vegetation.

Sidewalks and walking paths which encourage pedestrian activity are encouraged, including connections to adjacent neighborhoods and bordering open spaces.

Vehicular access should be consolidated in a small number of widely spaced access points where practicable.

Common driveways and shared parking areas are encouraged.

The following performance criteria shall be reviewed by the Planning Board. Mitigation measures proposed by the developer shall be considered:

Traffic flow and safety in the proposed development, the neighborhood, and adjacent public and private ways will not be significantly impacted in comparison with other development options;

Quality of site design, building design (if applicable), and landscaping enhances the area in comparison with other development options;

The provision of open land and any associated landscaping is appropriate for the scale and location of the development as determined by the Planning Board;

That utilities and services, such as water and sewer, are adequate for the proposed development.

Open space development.

Open space development shall be allowed by-right within the Country Overlay District (COD), subject to the following:

For parcels of land within an open space development, the Planning Board shall be the sole special permit granting authority for relief pursuant to any provision of this chapter.

Open space development shall be permitted in the LUG-1, LUG-2, LUG-3, and VR Districts only and shall conform to the following dimensional requirements:

	LUG-3	LUG-2	LUG-1	VR
Minimum tract area (acres)	10	10	5	3
Open land required (total tract)	80%	75%	65%	60%
Minimum lot size (square feet)	10,000	10,000	10,000	10,000
Maximum lot ground cover ratio	20%	20%	20%	20%
Minimum frontage	20	20	20	20
Front setback	15	15	15	15
Side/Rear setback	10	10	10	10

The Planning Board may issue a special permit to reduce, by up to 100%, the setbacks, provided that the Planning Board finds that such a change will not have an adverse impact on the neighborhood and that it will promote the purposes and intent of this section.

Noncontiguous open space parcels, subject to Subsection A(1)(b)[3], may be located in the Country Overlay District (COD) only.

In any LUG Zone, a minimum buffer of 50 feet of permanently restricted and undisturbed open space (excluding walking paths and fire access easements) shall be required between the proposed lot line of any open space residential development lot and the outside boundary of the subdivision tract. The Planning Board, through the issuance of a special permit, may reduce or waive this requirement if it finds that:

Such reduction or waiver is necessitated by the shape or topography of the tract of land; or

Natural resources will be better protected by an alternative location; or

Equivalent protection against inconsistency with the existing pattern of development has been provided.

Nantucket Housing Needs Program.

Purpose. To create, make available and maintain housing that is affordable to people who earn less than 150% of the Nantucket County median household income; to maintain Nantucket's diversity and unique sense of community; to encourage moderate-income families to continue to reside on Nantucket; and to generate a supply of housing that will remain affordable.

NANTUCKET HOUSING NEEDS COVENANT

Definitions. The following definitions only apply to this § 139-8C:

HOUSING AUTHORITY

The Nantucket Housing Authority (NHA) or its designee.

MAXIMUM RENTAL PRICE

Shall be no more than the fair market rent established for Nantucket County as published by the U.S. Department of Housing and Urban Development in Federal Register, Vol. 65 No. 185 (September 25, 2000) and as may hereafter be amended from time to time.

MAXIMUM RESALE PRICE

The greater of the maximum sales price or price the current Nantucket Housing Needs Covenant unit owner paid for the Nantucket Housing Needs Covenant unit.

MAXIMUM SALES PRICE

Shall be calculated by assuming a ten-percent down payment and an annual debt service (at prevailing thirty-year fixed interest rates) that is equal to 30% of the gross annual income of a household earning up to 125% of median income.

MEDIAN INCOME

Median family income for Nantucket County as published from time to time by the U.S. Department of Housing and Urban Development.

A covenant placed on housing, which property owners choose to execute and which shall be enforceable by the NHA, to be recorded in the Registry of Deeds or the Land Court Registry District.

PRINCIPAL RESIDENCE

The locality where a person resides with the present intent to make it the person's fixed and permanent home. The person's physical presence alone will not establish a principal residence. In ascertaining one's intent, the Housing Authority shall consider, among other things, the person's employment status, voter registration, driver's license, motor vehicle registration, real property ownership, income tax returns, or the filing with the Housing Authority of a written declaration to establish or maintain a principal residence.

QUALIFIED FAMILY MEMBER

The owner of the lot at the time the lot was subdivided into secondary lots and the owner's spouse, and their parents, grandparents, children, brothers and sisters, or as otherwise defined within the Nantucket Housing Needs Program regulations or guidelines.

[Added 4-2-2016 ATM by Art. 55, AG approval 7-12-2016; amended 6-5-2021 ATM by Art. 47, AG approval 10-7-2021]

QUALIFIED PURCHASER HOUSEHOLD

A household whose gross annual income is less than 150% of median income.

QUALIFIED RENTER HOUSEHOLD

A household whose gross annual income is not more than 100% of median income.

General requirements.

Housing subject to the Nantucket Housing Needs Covenant shall be:

Occupied by a qualified renter or qualified purchaser household.

The principal residence of the qualified renter or qualified purchaser household.

Enforceable for the greater of 99 years or the maximum time period allowable by law.

The price of the unit shall not exceed the maximum sales price, or, in the case of resale, the maximum resale price.

The unit rent shall not exceed the maximum rental price.

[6]

The owner of a unit being rented shall provide the Housing Authority with an annual certification of compliance with the terms of the covenant.

Monitoring and administration.

The Housing Authority shall monitor and administer the Nantucket Housing Needs Program and may promulgate rules and regulations to implement it. Prior to promulgating such rules and regulations and prior to completing a model Nantucket Housing Needs Covenant, the Housing Authority shall hold a public hearing or hearings to solicit advice from the public. The Housing Authority shall publish notice of these hearings prominently in a newspaper of general circulation on Nantucket for two successive weeks.

All legal documentation shall be submitted to the Housing Authority for review and approval.

Special permit to create secondary residential lots for year-round residents.

[Amended 4-5-2014 ATM by Art. 63, AG approval 5-7-2014; 4-2-2016 ATM by Arts. 54, 55, AG approval 7-12-2016]

Purpose: to create, make available and maintain housing that is affordable to those who earn at or below 150% of the Nantucket County median household income; to help households to continue to reside on Nantucket; to generate and preserve affordable housing in the Town of Nantucket in perpetuity, all in order to maintain Nantucket's diversity and unique sense of community.

[Amended 4-1-2019 ATM by Art. 48, AG approval 8-6-2019]

Secondary lots may be permitted in the following zoning districts: ROH, R-5, R-10, R-20, R-40, VR, LUG-1, LUG-2, and LUG-3.

As authorized by MGL c. 40A, § 9, Paragraph 2, the Planning Board, acting as the special permit granting authority, may issue a special permit authorizing the division of a lot into two lots, provided the following requirements and/or conditions shall apply:

The original lot shall not be subject to any covenants, restrictions or similar encumbrances, whether appearing in a deed, easement, land-use permit or any other instrument, pertaining to the prohibition of more than one dwelling unit on the original lot.

A minimum of one of the two lots shall be subject to an NHNC-Ownership Form, which shall provide, without limitation, that the owner of that lot shall earn at or below 150% of the Nantucket County median household income, or the lot shall be subject to a qualified family member deed restriction. Secondary lots held sold, transferred, or gifted to any qualified family member(s) shall not be subject to the income and asset limits for eligible households. Upon resale, transfer, or gift of the secondary lot to a nonqualified family member, the lot shall be subject to an NHNC-Ownership Form, and all requirements set forth therein, including income and asset limits for eligible households.

[Amended 4-1-2019 ATM by Art. 48, AG approval 8-6-2019; 6-5-2021 ATM by Art. 47, AG approval 10-7-2021]

The lots shall not be subject to the secondary dwelling requirements contained within § 139-2 of this chapter.

[Amended 4-1-2017 ATM by Art. 74, AG approval 5-31-2017; ]

A second dwelling unit, subject to the requirements of the tertiary dwelling definition contained within § 139-2 of this chapter, may be permitted on the market-rate lot only. The Planning Board may waive this requirement by the issuance of a special permit, provided that the Board finds that the proposal is in keeping with the character of the surrounding neighborhood

[Added 4-1-2017 ATM by Art. 74, AG approval 5-31-2017; amended 5-2-2022 ATM by Art. 53, AG approval 10-31-2022; 5-6-2023 ATM by Art. 42, AG approval 9-8-2023]

Except for pre-existing nonconforming lots, in which case the Planning Board may issue a special permit defining the lot areas, the lot area for the smaller of the two lots shall be at least 40% of the minimum lot size for the district in which the lot is located, except in the LUG-2 and LUG-3 Districts, where the secondary lot may be reduced to 20,000 square feet.

The lots shall comply with the ground cover ratio, front setback, and side and rear setback requirements of the underlying zoning district, including any provisions of this chapter for pre-existing nonconforming lots, except as follows:

The Planning Board may waive by the issuance of a special permit the setback requirements only as they apply to the lot line(s) between the secondary lots;

The Planning Board may waive by the issuance of a special permit the ground cover ratio requirement for the secondary lots, provided that the total ground cover ratio does not exceed the amount that would have been allowed for the original lot. The ground cover distribution must be determined at the time of the issuance of a special permit.

[Amended 5-6-2023 ATM by Art. 42, AG approval 9-8-2023]

The lots each must have a minimum of 20 feet of frontage or an easement of sufficient width and grade to provide access.

The lots shall share a single driveway access. The Planning Board must be provided with an instrument, in recordable form, evidencing the common access rights to said access in accordance with this subsection. The Planning Board may grant a special permit to waive the requirement for shared driveway access based upon a finding that separate driveway access would not have a significant and adverse effect on the scenic or historic integrity of the neighborhood and is not contrary to sound traffic or safety considerations.

This § 139-8C shall not apply to major commercial developments (§ 139-11); flex development and open space residential development options (§ 139-8A); and are not permitted in the following zoning districts: Commercial Downtown (CDT); Moorlands Management (MMD).

The Planning Board may grant a special permit for the division of a duplex into two attached single-family dwellings, provided that one of the dwellings is subject to a NHNC-Ownership Form. Subsection C(3)(e) and (f) above shall not apply and the Planning Board shall establish minimum lot size, ground cover ratio, and setbacks during the special permit review. Ground cover ratios for the primary and secondary lot combined shall not exceed the maximum allowed in the underlying zoning district.

Section 139-16D, Regularity formula, shall not apply to this § 139-8C.

Special permit to create tertiary residential lots for year-round residents.

[Added 5-2-2022 ATM by Art. 51, AG approval 10-31-2022[2]]

Tertiary lots may be permitted in the following districts: R-10, R-20, R-40, LUG-1, LUG-2, and LUG-3.

[Amended 5-6-2023 ATM by Art. 43, AG approval 9-8-2023]

As authorized by MGL c. 40A, § 9, Paragraph 2, the Planning Board, acting as the special permit granting authority, may issue a special permit authorizing the division of a lot into up to three lots, provided the following requirements and/or conditions shall apply:

The tertiary lot, in addition to one of the secondary lots subject to § 139-8C of this chapter, shall be subject to an NHNC-Ownership Form, which shall provide, without limitation, that the owner of that lot shall earn at or below 150% of the Nantucket County median household income, or the lot shall be subject to a qualified family member deed restriction. Tertiary lots held sold, transferred, or gifted to any qualified family member(s) shall not be subject to the income and asset limits for eligible households. Upon resale, transfer, or gift of the tertiary lot to a nonqualified family member, the lot shall be subject to an NHNC-Ownership Form, and all requirements set forth therein, including income and asset limits for eligible households.

The lot shall not be subject to the tertiary dwelling requirements contained within § 139-2 of this chapter.

The lot area for the tertiary lot shall be a minimum of 20,000 square feet in the R-40, LUG-1, LUG-2, and LUG-3 districts. This requirement may be waived through the issuance of a special permit by the Planning Board.

[Amended 5-6-2023 ATM by Art. 43, AG approval 9-8-2023]

In the R-10 district, the original lot shall be a minimum of 15,000 square feet, and in the R-20 district, the original lot shall be a minimum of 30,000 square feet. The Planning Board shall determine the minimum lot area for the tertiary lot during their review of the special permit application.

[Added 5-6-2023 ATM by Art. 43, AG approval 9-8-2023[3]]

Editor's Note: This article also redesignated former Subsection D(3)(e) through (g) as Subsection D(3)(f) through (h).

The Planning Board may waive by the issuance of a special permit the setback requirements only as they apply to the lot line(s) between the secondary and tertiary lots;

The Planning Board may waive by the issuance of a special permit the ground cover ratio requirement for the tertiary lot, provided that the total ground cover ratio of the secondary lots and the tertiary lot does not exceed the amount that would have been allowed for the original lot.

The lots each must have a minimum of 20 feet of frontage or an easement of sufficient width and grade to provide access.

This § 139-8C shall not apply to flex development and open space residential development options (§ 139-8A).

(Reserved)

Section 139-16D, Regularity formula, shall not apply to this § 139-8C.

Editor's Note: This bylaw also redesignated former Subsections D and E as Subsections E and F, respectively.

Special permit issued by the Planning Board to create workforce homeownership housing in the R-5 Zoning District through a workforce homeownership housing bonus lots allowance and in the CN and CMI Zoning Districts through a workforce rental community. The purpose of this provision is to incentivize the creation of workforce and affordable rental and ownership housing opportunities; to promote consistency, quality, and flexibility in the site layout and design; to mitigate traffic congestion by encouraging the creation of compact neighborhoods proximate to compatible adjacent commercial uses that reduce the need for vehicle trips to already congested areas; and to promote economic vitality and a greater diversity of housing opportunities in compliance with objectives contained within plans adopted or accepted by the Town of Nantucket, Nantucket Planning and Economic Development Commission, or the Nantucket Housing Authority. This bylaw, which sets a minimum size lot area, is intended to allow for aggregation of buildings, parking spaces, and open areas to improve design quality. Consistent design quality shall be applied to all dwelling units, and affordable units shall be distributed evenly throughout the development.

[Added 11-9-2015 STM by Art. 2, AG approval 12-29-2015; amended 4-2-2016 ATM by Art. 36, AG approval 7-12-2016]

Requirements.

The following requirements shall apply to workforce homeownership housing bonus lots in the R-5 and R-10 Zoning Districts and to a workforce housing rental community in the CN and CMI Zoning Districts.

[Amended 6-25-2020 ATM by Art. 70, approved 10-27-2020; 5-2-2022 ATM by Art. 52, AG approval 9-8-2022]

Minimum lot requirement of 60,000 square feet in the CN District and 32,000 square feet in the CMI District:

The term of affordability shall be in perpetuity or the longest term allowed by law;

The application shall be subject to major site plan review;

The Planning Board shall be the sole special permit granting authority for any relief pursuant to any provision of this chapter;

Planning Board approval of a special permit shall not substitute for approval of a definitive subdivision or approval not required (ANR) plan;

[6]

Project must be eligible for approval as local action units (LAU) through the Local Initiative Program (LIP) or otherwise included on the Town's Subsidized Housing Inventory. It shall be the responsibility of the applicant to take all reasonable steps necessary to ensure the units are included, including, without limitation, preparation and execution of a regulatory agreement in a form to be approved by the Town of Nantucket, through its Select Board, and by the Department of Housing and Community Development (DHCD) and provision of any other documents requested by DHCD.

Workforce homeownership housing bonus lots.

Bonus lots, subject to the requirements below, shall be based on the number of building lots which could have been created through a conventional subdivision plan. The maximum number of building lots, excluding any bonuses, shall not exceed the number which may have otherwise been created on a conventional subdivision plan meeting all dimensional and upland requirements of the Zoning Bylaw and in full conformance with (and requiring no waivers from) the Rules and Regulations Governing the Subdivision of Land, as may be amended by the Planning Board from time to time, as demonstrated by the submission of a dimensioned lotting plan. For all density calculations that result in a fractional number, only fractions equal to or greater than 0.51 should be rounded to the next highest whole number.

The total number of lots shall be calculated by multiplying the number of lots allowed by-right, as described above, by a factor of 1.33 in the R-5 District and by a factor of 1.2 in the R-10 District.

[Amended 5-2-2022 ATM by Art. 52, AG approval 9-8-2022]

25% of the total number of lots allowed, using the bonus provision, must be allocated and restricted to ownership by households earning at or below the area median income limits set forth in the definition of "workforce homeownership housing," as defined in § 139-2, or the rental dwelling units located on the lots achieved through the bonus provision must be restricted to households earning at or below 80% of area median income. Said lots shall be subject to a Nantucket Housing Needs Covenant-Ownership Form or other instrument restricting sale or rental to households earning at or below the area median income limits set forth in the definition of workforce homeownership housing, as defined in § 139-2.

The Planning Board may reduce, by up to 100%: the front yard setback (but not the side or rear yard setbacks applied to the perimeter of the project area), internal side or rear yard setbacks (meaning setbacks between lots which are the subject of the application), side or rear yard setbacks between the lots which are the subject of the application and other land in common ownership or control of the applicant, and the required frontage, provided that the lot has sufficient vehicular access through an easement.

The Planning Board may allow an increase in the ground cover ratio up to 50%.

A minimum buffer area of at least 20 feet shall be established between the workforce homeownership housing bonus lots and residentially zoned abutting properties. The Planning Board may require the buffer area to include plantings, fencing, walls, or other improvements to mitigate impacts to abutting properties.

Workforce rental community.

Rental dwelling units in one or more structures, shall be subject to the following requirements:

The maximum number of dwelling units shall not exceed 32, at least eight of which must (25% of which) be restricted to occupancy by households earning at or below 80% of area median income. An instrument, in a form approved by the Planning Board, restricting rental of at least eight of the dwelling units to households earning at or below 80% of area median income must encumber the subject lot(s);

The maximum number of bedrooms contained within the workforce rental community lot shall not exceed 57;

At least 10% of the total dwelling units within the workforce housing rental community must contain at least three bedrooms, unless such requirement is reduced by a future binding directive from the Commonwealth of Massachusetts Department of Housing and Community Development which confirms that fewer than 10% three-bedroom units may be included in the workforce rental community while still confirming that all of the units in the workforce rental community shall be eligible for inclusion on the Town's Subsidized Housing Inventory. In such an instance, the Planning Board shall have the discretion to approve fewer three-bedroom units within the workforce rental community, in conjunction with the issuance of the special permit, as long as the requirement described above with respect to confirmation of the eligibility of all of the units in the workforce rental community relative to inclusion on the Town's Subsidized Housing Inventory has been met.

A minimum buffer area of at least 20 feet shall be established between the workforce rental community and residentially zoned abutting properties. The Planning Board may require the buffer area to include plantings, fencing, walls, or other improvements to mitigate impacts to abutting properties.

The Planning Board may, in addition to those requirements included in § 139-23, require submission of additional documentation, including, without limitation, detailed floor plans, operation and management plan for the project, including maintenance of the structure(s) and the site.

The Planning Board may reduce, by up to 100%, the side and rear yard setbacks where two or more workforce rental community lot projects are adjacent to each other.

The Planning Board may allow a workforce rental community as part of a larger project, as allowed in the CN and CMI Districts, provided that the project, comprised of one or more parcels of land in the same ownership or control, could be divided into multiple lots meeting the lot requirement of § 139-8D(1)(a)[1] on a conventional subdivision plan meeting all dimensional and upland requirements of the bylaw and consistent with the Rules and Regulations Governing the Subdivision of Land, as may be amended by the Planning Board from time to time, as demonstrated by the submission of a dimensioned lotting plan.

[Added 11-6-2017 STM by Art. 20, AG approval 2-26-2018]

Special permit to create rear lot subdivisions.

[Added 4-1-2017 ATM by Art. 72, AG approval 5-31-2017]

Purpose: to provide a residential infill development option that allows for the same density that could be created by a conventional subdivision, but that does not create unnecessary un-taxed roadway lots.

Rear lots may be permitted in the following zoning districts: R-5, R-10, R-20, R-40, and LUG-1.

As authorized by MGL c. 40A, § 9, Paragraph 2, the Planning Board, acting as the special permit granting authority, may issue a special permit authorizing the division of a lot into two or more lots, provided the following requirements and/or conditions shall apply:

A minimum frontage of 20 feet shall apply to each lot;

The ground cover ratio, front setback, and side and rear setback requirements of the underlying zoning district shall apply to each lot;

The regularity formula prescribed in § 139-16D shall not apply to lots created pursuant to this subsection;

The number of building lots shall not exceed the number which may have otherwise been created on a conventional subdivision plan meeting all dimensional and upland requirements of the Zoning Bylaw and the requirements contained within the "Rules and Regulations Governing the Subdivision of Land," as may be amended from time to time, as demonstrated by the submission of a dimensioned lotting plan, or as shown on an Approval Not Required plan endorsed by the Planning Board, or as shown on an Approval Required plan approved and endorsed by the Planning Board provided that the appeal period has lapsed without appeal.

[Amended 4-1-2019 ATM by Art. 61, AG approval 8-6-2019]

Editor's Note: This enactment also repealed former § 139-8, Residential Districts R-1, R-10, SR-2 and ROH and Residential Commercial Districts RC, RC-2, CDT, CN, CTEC and LC, as amended.

§ 139-9 (Reserved) [1]

Editor's Note: Former § 139-9, Commercial use table, added 4-8-2008 ATM by Art. 28, AG approval 8-18-2008, was repealed 4-6-2009 ATM by Art. 27, AG approval 8-10-2009. See now the Use Chart included as an attachment to this chapter. Former § 139-9, Residential Commercial Districts RC, RC-2 and RCDT, as amended, was repealed 4-8-2008 ATM by Art. 28, AG approval 8-18-2008.

§ 139-10 (Reserved) [1]

Editor's Note: Former § 139-10, Limited Commercial District LC, as amended, was repealed 4-8-2008 ATM by Art. 28, AG approval 8-18-2008.

§ 139-11 Major Commercial Development MCD.

[Amended 11-13-1990 STM by Art. 18, AG approval 3-19-1991; 5-5-1992 ATM by Arts. 36 and 47, AG approval 8-3-1992; 4-14-1997 ATM by Art. 49, AG approval 8-5-1997; 4-13-1998 ATM by Art. 38, AG approval 7-31-1998; 4-9-2001 ATM by Art. 29, AG approval 8-2-2001; 4-15-2003 ATM by Art. 31, AG approval 8-27-2003; 4-30-2003 ATM by Art. 53, AG approval 8-27-2003; 4-30-2003 ATM by Art. 54, AG approval 7-22-2003; 4-4-2006 ATM by Art. 41, AG approval 8-2-2006; 4-8-2008 ATM by Art. 64, AG approval 8-18-2008; 4-2-2016 ATM by Art. 57, AG approval 7-12-2016]

The Planning Board shall be the special permit granting authority for any "major commercial development" (or "MCD").

A MCD shall be defined as a single commercial structure or use, or a group of commercial structures or uses, which is proposed to be constructed on a single lot or tract of land or on contiguous tracts of land and held in common ownership or control, meeting, in the aggregate, any one or more of the following criteria:

Five thousand square feet of commercial use, including, but not limited to, the total of the following:

Gross floor area of commercial use, including roofed-over storage areas;

Outdoor commercial use, including but not limited to sand, gravel or topsoil borrow operations and asphalt plants; land used commercially for recreation; and land used for the exterior storage or display of merchandise, equipment or material.

Four thousand square feet or more of gross floor area of commercial use, including roofed-over storage areas.

A commercial use requiring 20 or more off-street parking spaces pursuant to § 139-18. A motor vehicle parking lot as defined in § 139-2 which contains 20 or more parking spaces shall not be considered an MCD.

Auditorium, theater or place of public assembly use with a rated legal occupancy of 100 or more persons.

Restaurant, club and/or bar use with a combined rated legal occupancy of 100 or more.

Developments which generate an estimated 10,000 gallons per day of wastewater.

Marinas, wharfs and piers containing 250 lineal feet or more of tie-up space for vessels.

(8)

Transient residential facilities with 10 or more guest rooms or units.

Preexisting nonconforming uses shall be subject to this subsection when any extended or altered portion of the commercial use(s), added together starting from the effective date (April 4, 1979, as amended), meets or exceeds the criteria of Subsection B above, which defines a MCD.

Conditions. The Planning Board shall have the right, in granting special permits for major commercial developments, to impose conditions, safeguards and limitations, including, but not limited to, the following requirements:

A landscaping plan, indicating the location, species, and size of trees and shrubs and the location and type of fencing.

An exterior lighting plan indicating the size and type of any proposed fixtures.

The installation of underground utilities.

A plan indicating the type, size and location of all exterior signs.

The days and hours of operation may be limited based on the type of business, the character of the surrounding areas, and the potential impacts to adjacent properties or the surrounding neighborhood.

Open area for major commercial developments.

Except for lots located within the CDT District, a minimum of 20% of the lot(s) shall be landscaped and maintained as open area.

Walkways and sidewalks, patios, structures, and areas designated for exterior storage, parking or loading shall not be included in the open area calculation; provided, however, that in computing the percentage of open area, brick or stone sidewalks and patios may be included up to a maximum of 10% of the lot(s).

The Planning Board may grant a special permit to waive the requirement for open area, provided that the Board finds that sufficient and appropriate landscaping will be provided and that the benefits to the community and the neighborhood from the reduction of open area will outweigh the benefits that would be derived from the provision of the open area requirements. The special permit granting authority may impose conditions for the granting of such a special permit, including, but not limited to, the substitution of off-site landscaping elements, a financial or other type of contribution toward the creation of common public space(s), and requirements for the permanent maintenance of landscaping features within the site by the applicant and its successors.

Any expansion or reconstruction of, or any changes to, a major commercial development for which a special permit has been granted shall require its modification or issuance of a new special permit by the Planning Board subject to the procedural and substantive requirements of §§ 139-11 and 139-30. However, the Planning Board may, by majority vote, waive the requirements for such modified or new special permit when it finds that the expansion, reconstruction or change proposed does not materially affect the findings and conclusions upon which the Planning Board's previous decision to approve the development was based.

The side and rear yard setback requirement be reduced to zero feet, provided that the Planning Board finds that such a reduction will preserve the integrity of adjacent uses and the neighborhood, and will promote the purposes and intent of this chapter.

In order to further the availability of housing for persons and households of all income levels, and mitigate the impacts of major commercial developments on the supply and cost of housing, the Planning Board may require applicants to provide inclusionary housing in accordance with the following standards:

One inclusionary unit for each 4,000 feet of gross floor area of interior commercial use or one inclusionary unit per major commercial development, whichever is greater.

The inclusionary unit(s) may be located on the MCD site or at an off-site location.

(Reserved)

In lieu of providing inclusionary units or employer dormitories as outlined above, an applicant may provide a monetary contribution of equivalent value to the Town of Nantucket, to be placed in a fund for the development of affordable housing administered by the Affordable Housing Trust Fund. The amount of such contribution shall be equivalent to the average sale price of residential property with 5,000 square foot to 10,000 square foot lot sizes in the R-5 district as recorded by the Nantucket Islands Land Bank during the one-year period prior to approval of the special permit. This payment may be used only for the planning, development and administration and maintenance of affordable housing.

Where the inclusionary units are provided on the MCD site, the Planning Board may allow an increase in the number of units that may be permitted within a single structure or upon a single lot beyond that which is permitted in the zoning district in which the units are located.

Inclusionary units shall be subject to a deed restriction, enforceable by the Planning Board or its designee, to be in effect during the thirty-year period which commences from the date of issuance of the certificate of occupancy for the building in which the unit(s) is located.

No certificate of occupancy will be issued for any building within an MCD unless the required inclusionary unit(s) is also eligible for such certificate, or unless the Planning Board has approved its issuance.

Cap on retail MCDs.

Except in the following approved area plan location: Mid-Island Planned Overlay District (MIPOD), a special permit shall not be granted for:

A new major commercial development which is devoted primarily to retail use and which has 20,000 square feet or more of gross floor area of commercial use, including roofed-over storage areas.

Expansion of an existing commercial development whenever the expanded portion of the development, added together starting from the effective date of this § 139-11I, is devoted primarily to retail use and has 10,000 square feet or more of gross floor area of commercial use, including roofed-over storage areas.

[Amended 11-13-1990 STM by Art. 17, AG approval 3-19-1991; 5-4-1993 ATM by Art. 44, AG approval 5-24-1993; 4-10-1995 ATM by Art. 45, AG approval; 5-22-1995; 4-14-1997 ATM by Art. 41, AG approval 9-4-1997; 4-14-1997 ATM by Art. 49, AG approval 8-5-1997; 8-18-1997; 9-4-1997; 4-10-2000 ATM by Art. 46, AG approval 8-2-2000; 4-9-2001 ATM by Arts. 37, 38, AG approval 8-2-2001; 4-9-2002 ATM by Art. 37, AG approval 7-31-2002; 4-15-2003 ATM by Arts. 26, 29, AG approval 8-27-2003; 1-12-2004 ATM by Art. 42, AG approval 9-3-2004; 4-4-2006 ATM by Art. 42, AG approval 10-26-2006; 4-4-2006 ATM by Arts. 48, 49, AG approval 8-2-2006; 4-8-2008 ATM by Art. 55, AG approval 8-18-2008; 4-6-2009 ATM by Art. 27, AG approval 8-10-2009; 9-21-2009 STM by Art. 22, AG approval 12-29-2009; 3-31-2012 ATM Art. 55, AG approval 7-12-2012; 4-2-2013 ATM by Arts. 30, 34, AG approval 7-26-2013; 4-5-2014 ATM by Arts. 35, 61, AG approval 5-7-2014; 4-6-2015 ATM by Art. 70, AG approval 8-5-2015; 4-1-2017 ATM by Art. 40, AG approval 5-31-2017; 4-1-2019 ATM by Arts. 49, 62, AG approval 8-6-2019; 6-25-2020 ATM by Art. 52, AG approval 10-27-2020]

There is hereby established in the Town of Nantucket an overlay district entitled “Town Overlay District” as follows:

(Reserved)

The purpose of the Town Overlay District is to limit the spatial extent of growth within a district consistent with the traditional settlement pattern represented by the settled portion of Nantucket Town, except in the Residential Old Historic (ROH) District; to encourage development within the Town Overlay District where infrastructure already exists, or can be extended without undue expense; to create opportunities to produce housing affordable for year-round residents through infill development (development of existing vacant lots; lots produced by resubdivision; and addition of secondary dwellings) on existing roads serviced by water and sewer; and to create development patterns that are conducive to service by alternatives to the automobile, such as transit, and bicycle and pedestrian systems. The purpose of the Town Overlay District shall be considered by the Planning Board or Zoning Board of Appeals when determining the character and extent of site and infrastructure improvements to be required in a decision on an application for site plan approval pursuant to § 139-23 of this chapter. In addition to the standards of that section, the following standards shall apply to a proposed use or an expansion of an existing use subject to site plan review:

Provision of Town water and sewer service, which shall be adequate to serve the proposed use;

Road and drainage improvements shall be adequate to serve the proposed use;

Bike and/or pedestrian systems shall be adequate to serve the proposed use, and reasonable measures shall be taken to provide connectivity to existing bike and pedestrian systems;

The project minimizes parking demand and auto-dependency (i.e., by inducements employed by the applicant for the utilization of the NRTA seasonal shuttle system); and

Consistency with the recommendations of any area plan endorsed by Town Meeting, such as the Mid-Island Area Plan, Sconset Area Plan, and Madaket Area Plan.

Uses allowed or permitted in this district are the same as those uses allowed or permitted in the underlying zones.

There is hereby established in the Town of Nantucket an overlay district entitled "Country Overlay District" as follows:

(Reserved)

The purpose of the Country Overlay District is to discourage development and preserve areas characterized by traditional and historic rural land use patterns; to discourage the spread of disperse development patterns that promote automobile dependency, and are costly to build and maintain. The purpose of the Country Overlay District shall be considered by the Planning Board or Zoning Board of Appeals when determining the character and extent of site and infrastructure improvements to be required in a decision on an application for site plan approval pursuant to § 139-23 of this chapter. In addition to the standards of that section, the following standards shall apply to a proposed use or an expansion of an existing use subject to site plan review:

If a new use, or an expansion of a preexisting use that adds 20% or more of the gross floor area or 1,000 square feet, of gross floor area, whichever is less, either subject to site plan review, a finding that the applicant has considered all practicable alternative sites, commensurate with the type, size, and cost of the project, available within the Town Overlay District and that no such practicable alternative exists;

The project complies with the Nantucket Public Health Code;

The project complies with the standards of § 139-12E(2)(b) through (e); and

Finding that the project is not a major traffic generator, and will not substantially contribute to traffic generation and congestion.

Uses allowed or permitted in this district are the same as those uses allowed or permitted in the underlying zones.

Formula Business Exclusion District (FBED).

The Formula Business Exclusion District (FBED) is located and bounded as shown on the map entitled "Article 42: Proposed Formula Business Exclusion District" prepared by the GIS Department, dated March 2006.

Statement of purpose. The purpose and intent of the Formula Business Exclusion District (FBED) is to address the adverse impact of nationwide, standardized businesses on Nantucket's historic downtown area. The proliferation of formula businesses will have a negative impact on the island's economy, historical relevance, and unique character and economic vitality. These uses are therefore prohibited in order to maintain a unique retail and dining experience. Formula businesses frustrate this goal by detracting from the overall historic island experience and threatening its tourist economy.

Mid-Island Planned Overlay District. The purpose of the Mid-Island Planned Overlay District (MIPOD) is to advance the following objectives in the Mid-Island Area: 1. to promote consistency and quality in the planning and siting of buildings, uses, and streetscape and public/private improvements; 2. to increase the supply of housing for year-round Nantucket residents, especially those employed in the Mid-Island area; 3. to create a pedestrian-friendly environment; 4. to increase safety to pedestrians, bicyclists, and motorists; 5. to relieve traffic congestion; and, 6. to promote economic vitality; all in accordance with the general guidance of the Mid-Island Area Plan, adopted for the Town of Nantucket by the Planning Board on March 10, 2003, on file in the office of the Nantucket Planning Board. The MIPOD is located and bounded as shown on the following maps adopted by reference herein: “Mid-Island Planned Overlay District,” January, 2003; revised March, 2003. The district as shown on said map shall be considered an overlay district to be superimposed on the Zoning Map of Nantucket, Massachusetts.

Allowed uses:

All uses allowed on the lot by right in the underlying district in which the land is located. Notwithstanding the provisions of §§ 139-23H(3) and 139-23I, all new commercial uses or expansions of commercial uses that entail expansions of the building footprint or parking and circulation improvements (excluding handicap ramps and signage), and which are not otherwise subject to major site plan review, shall be subject to minor site plan review by the Director of Planning designated by the Planning Board for site plan review purposes set down in this § 139-12G, and such professional planning staff to whom the Director of Planning shall delegate this responsibility, for all commercial uses and expansions up to, and including, 3,999 square feet of gross commercial floor area (including roofed over area).

Uses by special permit:

All uses permitted on the lot requiring a special permit in the underlying district in which the lot is located.

Additional requirements within the MIPOD:

The Planning Board shall be the sole special permit granting authority within the MIPOD.

In reviewing a use or expansion requiring site plan review within the MIPOD, the Planning Board and/or the Director of Planning or his designee shall make a determination that the proposed use or improvements are generally consistent with site plan review standards contained in § 139-23, and with the standards set down in this § 139-12G.[1]

[Amended 6-5-2021 ATM by Art. 47, AG approval 10-7-2021]

Editor's Note: So in original.

Notwithstanding the ground cover requirements of § 139-16, the allowable ground cover ratio for a lot within the MIPOD for which a Nantucket Housing Needs Covenant, as defined in § 139-2A, has been recorded in the Registry of Deeds shall be 55% for a lot containing one year-round dwelling unit subject to the covenant, and 60% for two or more year-round dwelling units subject to the covenant.

In addition to the intensity requirements of § 139-16A, new or expanded commercial buildings within the MIPOD shall be subject to a five-foot maximum front-yard setback. A second commercial building on the same lot shall be exempt from this requirement should the Planning Board and/or the Director of Planning or his designee determine that there exists insufficient frontage to accommodate both structures at the maximum setback line. The Planning Board may grant relief by special permit from this and other requirements of § 139-16A should the Board find that:

The granting of relief would create better consistency with existing building setback patterns on adjoining lots, provided that the accommodation of parking or vehicular access in front of buildings is not the reason for the waiver request; or

The provision of additional landscaping and streetscape elements, especially if designed to enhance the use and enjoyment of the property and the Mid-Island area, generally, by pedestrians necessitates a greater building setback.

Notwithstanding the relief provisions and findings of § 139-18B(1) and (2), parking calculations, in compliance with § 139-18D shall include: (i) any off-street parking spaces provided upon the subject property; and (ii) parking spaces located within a public right-of-way within 500 feet of the subject property’s lot lines. Any portion of a parking space so located shall be counted as one space; and (iii) parking spaces located on another property located within 500 feet of the subject property lot line secured by a binding agreement such as a license, lease or covenant and accessible through a direct access. By special permit, the Planning Board may reduce the number of parking spaces required under § 139-18D within the MIPOD. An applicant requesting such reductions shall submit a plan outlining the details of implementation of these mitigation measures. The Planning Board may require annual audits of compliance with these measures, and may revoke any approved reductions in the case of noncompliance, following a public hearing. The Planning Board shall consider the following standards in reducing parking requirements: (i) one parking space may be eliminated for each group of three peak shift employees should the applicant provide a public transit incentive program for both employees and customers authorized under § 139-23J(2)(f). (ii) The total number of required parking spaces may be reduced by up to 10% should the applicant utilize any or a combination of the following measures: common access, vehicular traffic and/or pedestrian interconnections between properties. The Planning Board may grant other relief by special permit from any parking requirements of the zoning bylaw.

In considering any use or expansion subject to major site plan review, the Planning Board may require an applicant to install improvements within the public right-of-way along the frontage of the property controlled by the applicant in accordance with the Mid-Island Area Plan. Off-site improvements (i.e., beyond the frontage of the property) may be required for special permit uses to the extent that the demand for the improvements is justified by the intensity of the use. For major traffic generators, these improvements may include bike path, road and intersection improvements.

The Planning Board, as special permit granting authority, shall have the power to grant a special permit reducing the open area requirements under either § 139-11G or § 139-16E, whichever is applicable, and notwithstanding the provisions of § 139-16E(3), provided that it makes the finding that the applicant has provided sufficient and appropriate landscaping, and further provided that it makes the finding that the benefits to the community and the neighborhood from the reduction of open area requirements, as conditioned by the decision granting the special permit, will outweigh the benefits that would be derived from the provision of the open area requirements as would otherwise be required. The Planning Board shall impose appropriate conditions for the granting of such a special permit, including but not limited to the substitution of off-site landscaping elements, the contribution of the applicant toward the creation of common public spaces within the MIPOD, and requirements for the permanent maintenance of landscaping features within the site by the applicant and its successors.

In connection with its review of any major or minor site plan review, the Planning Board, after public hearing, shall adopt MIPOD Guidelines, on file in the offices of the Planning Board and the Town Clerk, which shall serve to guide the siting of structures, layout of parking and landscaping, and related improvements within the MIPOD.

Village Height Overlay District (VHOD). The purpose of this overlay district is to establish reduced building heights in certain locations within the Country Overlay District (COD).

Notwithstanding the provisions of § 139-17, the maximum height permitted within the Village Height Overlay District shall be 25 feet;

This section shall be effective on January 31, 2010.

Nantucket Cottage Hospital Overlay District (NCHOD). The purpose of this overlay district is to maximize the efficiency of the existing hospital site and identified surrounding land, to provide for flexibility in the design and uses allowed at an expanded and modernized hospital campus, and to require major site plan review by the Planning Board where proposed expansion or alteration exceeds the maximum standards of the underlying CN District as established in § 139-16. To the extent there are inconsistencies between provisions of this § 139-12J and any other provisions of the bylaw, the provisions of this § 139-12J shall govern.

Notwithstanding the provisions of § 139-7A, elder housing facilities are permitted by right in the NCHOD.

Notwithstanding the provisions of § 139-16A or § 139-16E, the Planning Board may grant through major site plan review expansion of ground cover ratio up to 50% and any reduction of open area.

Where major site plan review is required, dimensional requirements established in § 139-16 may be applied to the entire project area by right without respect to individual lots.

Notwithstanding the provisions of § 139-17, building height in the NCHOD shall not exceed 50 feet. For the purposes of this § 139-12J, the following structures, uses, and building features are excluded from the height limitation: uses set forth in § 139-17B, structures set forth in § 139-17C, and architectural features extended above the primary roof line (whether sloped or vertical).

Lots within the NCHOD may be divided without the need for additional site plan review, provided that the use of the lot and the previously approved site plan is not modified.

Notwithstanding the provisions of § 139-18, off-street parking requirements may be provided off-site within the NCHOD for lots within the NCHOD.

Additional major site plan review requirements for the NCHOD:

The Planning Board shall hold a public hearing, for which notice is provided as specified in M.G.L. c. 40A, § 11;

Failure of the Planning Board to take action within 60 days of the public hearing, as such hearing may be extended by consent of the applicant, shall constitute an approval of the site plan and associated application;

The Planning Board shall approve the application, as submitted or modified, based on a finding that the project is in conformance with § 139-23. The Board may deny the application if it determines that the effect of the project on the public interest is so intrusive that no reasonable conditions can be developed to avoid that effect.

Waivers in connection with major site plan review may be granted, provided that such waiver:

Will improve the project's ability to service the health care needs of the Town;

Is in the best interests of the Town; and

Will not substantially derogate from the intent or purpose of this chapter.

The Public Wellhead Recharge District. The purpose of these regulations is to preserve the quality and quantity of the Town's groundwater resources in order to insure a safe and healthy public water supply. The Public Wellhead Recharge District is located and bounded as shown on the following maps incorporated by reference herein: for Siasconset, a map entitled "Public Wellhead Recharge District: Siasconset," prepared by Horsley, Witten & Heggemann, Inc. dated October, 1990; for the Town, a map entitled "Public Wellhead Recharge District: Town," prepared by Haley & Ward, September 2011. The districts as shown on said maps shall be considered overlay districts to be superimposed on the aforementioned Zoning Map of Nantucket, Massachusetts. Copies of the map shall be on file with the Town Clerk and the Zoning Enforcement Officer upon adoption. Should the boundary of a Public Wellhead Recharge District traverse a lot or lots which are not able to be subdivided in accordance with the underlying zoning district, said lot or lots shall be considered to be subject to these regulations; otherwise, the boundary shall be applied strictly. The Zoning Enforcement Officer shall adjudicate any boundary disputes.

Permitted uses:

All uses permitted by right or by minor site plan review in the underlying district in which land is located, except those expressly prohibited or requiring special permits with major site plan review listed below:

Incidental on-site lawn and garden fertilizing and pest control normally considered accessory to residential or business uses shall be used in accordance with manufacturer's label instructions and stored so as to prevent the generation and escape of contaminated runoff or leachate.

Storage of home or business fuel intended to be consumed on site for space heating, hot water heating and cooking purposes and contained in tanks not exceeding 1,000 gallons, provided that the design and installation of said tanks is reviewed and approved by the Fire Chief, or his designee, in accordance with applicable health and fire safety regulations. Any permitted fuel storage shall be freestanding, above-ground, on an impervious surface, and provided with 110% of storage secondary containment, regardless of size. For the purpose of this § 139-12B, the term "fuel" shall not include liquid propane gas.

Road construction which does not result in earth removal within four feet of historical high water table.

Vehicular transport or vehicular use of petroleum products.

Normal operation and maintenance of existing water bodies and dams, drainage and other structures for water control, water supply, drainage, farming and conservation purposes.

Construction, maintenance, repair and enlargement of drinking water supply related facilities including wells, watermains, pumping station and treatment facilities.

Prohibited uses:

All uses prohibited in the underlying district.

The manufacture, use, pipeline transport, storage, disposal or treatment of hazardous or toxic materials, except as noted in Subsection B(1)(b), (c), (d) and (e) above. Petroleum, fuel oil and heating oil bulk stations and terminals, including, but not limited to, those listed under Standard Industrial Classification (SIC) Codes 5171 (not including liquefied petroleum gas) and 5983 are prohibited, except for municipal use. SIC Codes are established by the U.S. Office of Management and Budget and may be determined by referring to the publication, Standard Industrial Classification Manual, and any subsequent amendments thereto. The storage of liquid hazardous materials, as defined in MGL c. 21E and/or liquid petroleum products is prohibited unless such storage is: (i) above ground level, and (ii) on an impervious surface; and either [a] in container(s) or aboveground tank(s) within a building, or [b] outdoors in covered container(s) or aboveground tank(s) in an area that has a containment system designed and operated to hold either 10% of the total possible storage capacity of all containers, or 110% of the largest container's storage capacity, whichever is greater; however, these storage requirements shall not apply to the replacement of existing tanks or systems for the keeping, dispensing or storing of gasoline provided the replacement is performed in a manner consistent with state and local requirements. For the purpose of this § 139-12B, the term "liquid hazardous material" shall not include liquid propane gas.

Sanitary landfills, dumps, junkyards (defined in MGL c. 140B, § 1) or disposal or landfilling of solid waste, sludge, sewage or septage.

Animal feedlots and manure storage.

Commercial washing, painting, repair or other servicing of motorized vehicles in garages or in the open, except by special permit unless such use is prohibited by § 139-12B(2)(r)[2].

Mining.

On-site disposal of wastewater exceeding 2,000 gallons per day, unless incorporated with an enhanced nitrogen removal system providing equivalency in compliance with MADEP requirements and approved by special permit. Prohibited wastewater disposal shall also include any discharge, deposit, injection, dumping, spilling, leaking or placing so that untreated waste may enter ground or surface water.

Road salt storage.

(i)

Truck or bus terminals providing commercial transport services.

(j)

Commercial servicing, repair or construction of boats or boat motors, except by special permit.

(k)

Dry-cleaning establishments with on-site cleaning operations.

(l)

Coin or commercial laundries which rely on on-site septic systems.

(m)

Chemical and bacteriological laboratories.

(n)

Leather tanning and finishing.

(o)

Stockpiling and disposal of snow and/or ice containing deicing chemicals if brought from outside the Public Wellhead Recharge District.

(p)

New underground fuel storage tanks with the exception of propane.

(q)

All land uses, buildings, and accessory structures, that result in rendering impervious more than 15% or 2,500 square feet of any lot, whichever is greater, unless a system for artificial recharge of 95% of annual precipitation is provided that will not result in the degradation of groundwater quality. The Planning Board may require that an applicant provide evidence of groundwater protection which may include a demonstrated history of treatment effectiveness of the proposed design/treatment technology, and it may require monitoring of on-site, pre- and post-development groundwater quality for potential pollutants.

For nonresidential uses, recharge shall be by open stormwater infiltration basins or similar system covered with natural vegetation, and subsurface infiltration shall be used only where other methods are infeasible. For all nonresidential uses, all such basins and subsurface infiltration structures shall be preceded by pretreatment best management practices to facilitate removal of contamination. Any and all recharge areas shall be permanently maintained in full working order by the owner.

(r)

Treatment or disposal works subject to 314 CMR 5.0 for wastewater other than sanitary sewage. This prohibition includes, but is not limited to, treatment or disposal works related to activities under the Standard Industrial Classification (SIC) Codes set forth in 310 CMR 15.004(6) Title 5, except the following:

Publicly owned treatment works (POTWs);

Individual sewage disposal systems handling more than 110 gallons per day per 10,000 square feet of land area that otherwise complies with Title 5, unless incorporated with an enhanced nitrogen removal system providing equivalency in compliance with MADEP requirements.

Treatment works approved by MADEP designed for the treatment of contaminated ground or surface waters and operated in compliance with 314 CMR 5.05(3) or 5.05(13).

Facilities that generate, treat, store or dispose of hazardous waste that are subject to MGL c. 21C and 310 CMR 30 except for the following:

Very small quantity generators as defined under 310 CMR 30.00;

Household hazardous waste centers and/or events operated pursuant to 310 CMR 30.390; or

Waste oil retention facilities required by MGL c. 21, § 52A.

(s)

Any building floor drainage systems in existing facilities, in industrial or commercial process areas, or in hazardous material and/or hazardous waste storage areas, which discharge to the ground without a DEP permit or authorization. Any existing facility with such a drainage system shall be required to either seal the floor drain (in accordance with the State Plumbing Code, 248 CMR 2.00), connect the drain to a municipal sewer system (with all appropriate permits and pre-treatment), or connect the drain to a holding tank meeting the requirements of all appropriate DEP regulations and policies. For purposes of this Subsection B(2)(u), a "floor drain" is defined as "an intended drainage point on a floor constructed to be otherwise impervious which serves as the point of entry to any subsurface drainage, treatment, disposal, containment, or plumbing system." This Subsection B(2)(u) is in fulfillment of the requirements of Massachusetts Department of Environmental Protection's Wellhead Protection "Source Approval" Regulations (310 CMR 22.21).

(t)

Solid waste combustion facilities or handling facilities as defined at 310 CMR 16.00.

(u)

Stockpiling and disposal of snow or ice removed from highways and streets located outside of Zone II that contains sodium chloride, chemically treated abrasives or other chemicals used for snow and ice removal.

(v)

Storage commercial fertilizers, as defined in MGL c. 128, § 64, unless such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate.

Permitting of uses in the PWR Overlay District. The Zoning Enforcement Officer shall be the permitting authority for all activities in the Public Wellhead Recharge District which exceed the thresholds of § 139-12B(2)(s) of this chapter, with the exception that the special permit granting authorities shall be the permitting authorities for any uses within the PWR Overlay District which require a special permit.

Finding of water quality compliance.

Prior to the issuance of any permit by the designated review authority, a mandatory referral of the application to the Nantucket or Siasconset Water Commissions, as applicable, shall be made immediately upon receipt of such application. After due consideration, the respective Water Commission, or its designated professional staff, as such authority might be delegated by said Commission, may issue a finding of water quality compliance ("finding") in connection with said application, after due consideration of the requirements of § 139-12B(2)(s), within the time periods prescribed below:

For permit to be issued by the Building Commissioner or Building Inspector as the sole permit authority: 15 days.

For permit to be issued by special permit granting authority: 30 days, or prior to the close of the public hearing, whichever is later.

The failure of each respective Water Commission to submit such finding to the approval authority within the prescribed time period shall be construed to fulfill the requirement for the issuance of a finding. No building permit or special permit shall be issued in the PWR Overlay District unless a finding has been issued therewith, and the conditions, if any, of such finding are incorporated in said permits.

In order to comply with Subsection B(2)(s)[1], any person or firm proposing land uses which exceed the thresholds of this subsection shall apply the practices and technologies found in a publication entitled: "Massachusetts Stormwater Standards Handbook, Volume 1 - 3," (MassDEP 2008) as such publication may be amended from time to time, the respective water companies, in making their finding of water quality compliance, shall decide which techniques and practices are appropriate for each respective application.

Replacement, rehabilitation, modification, or expansion of preexisting, otherwise prohibited nonconforming uses within the PWR Overlay District. No replacement, rehabilitation, modification, or expansion of preexisting nonconforming uses shall be permitted within the PWR Overlay District unless a special permit is issued in connection therewith by the Planning Board. In addition to the criteria set down in § 139-33A the Planning Board shall make a finding that such proposals will be constructed and managed in a way that will eliminate threats to the aquifer throughout the proposed life of the structure or use. The Board may include in its decision conditions, limitations and safeguards affecting the design, construction and management of such structures and uses which it finds will help protect the integrity of the aquifer, including but not limited to aboveground construction of tanks, construction of impervious surfaces and moats to catch and collect possible contaminants, pretreatment of waste and/or required tie-in to public sewer services.

Flood Hazard Overlay District (FHOD).

Statement of purpose. The purposes of the Flood Hazard Overlay District (FHOD) are to ensure public safety through reducing the threats to life and personal injury; prevent the occurrence of public emergencies resulting from water quality contamination and pollution due to flooding; avoid the loss of utility services which if damaged by flooding would disrupt or shut down the utility network and impact the community beyond the site of flooding; reduce costs associated with the response and cleanup of flooding conditions; reduce damage to public and private property resulting from flooding waters.

Use regulations. The FHOD is herein established as an overlay district to all other districts. The FHOD includes all special flood hazard areas within the Town of Nantucket designated as Zone A, AE, or VE on the Nantucket County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels of the Nantucket County FIRM that are wholly or partially within the Town of Nantucket are panel numbers 25019C0018G, 25019C0019G, 25019C0033G, 25019C0034G, 25019C0042G, 25019C0061G, 25019C0062G, 25019C0063G, 25019C0064G, 25019C0066G, 25019C0067G, 25019C0068G, 25019C0069G, 25019C0082G, 25019C0083G, 25019C0084G, 25019C0086G, 25019C0087G, 25019C0088G, 25019C0089G, 25019C0091G, 25019C0092G, 25019C0093G, 25019C0094G, 25019C0103G, 25019C0111G, 25019C0112G, 25019C0113G, 25019C0114G, 25019C0132G, 25019C0151G, 25019C0152G, 25019C0156G, 25019C0157G, 25019C0176G, and 25019C0177G, dated June 9, 2014. The exact boundaries of the District may be defined by the one-hundred-year base flood elevations shown on the FIRM and further defined by the Nantucket County Flood Insurance Study (FIS) booklet dated June 9, 2014. The FIRM and FIS booklet are incorporated herein by reference and are on file with the offices of Planning and Land Use Services and Conservation Commission. In addition to meeting the requirements of district in which a particular piece of land may lie all development which lies within a boundary of the FHOD, including structural and nonstructural activities alterations, additions, relocations and demolitions, must be in compliance with MGL c. 181, § 40, and the requirements of the Massachusetts State Building Code pertaining to construction in floodplains and the following additional requirements:

VE Zones: All new construction, except water-related structures such as piers, groins, and similar structures shall be located landward of the reach of mean high tide. Man-made, alteration of sand dunes which would increase potential flood damage is prohibited;

In Zones A and AE, along watercourses that have not had a regulatory floodway designated, the best available federal, state, local or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

Base flood elevation data is required for subdivision proposals or other developments greater than 50 lots or five acres, whichever is the lesser, within unnumbered A Zones.

In a riverine situation, the Natural Resources Coordinator 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

All subdivision proposals must be designed to assure that:

Such proposals minimize flood damage;

All public utilities and facilities are located and constructed to minimize or eliminate flood damage; and

Adequate drainage is provided to reduce exposure to flood hazards.

Existing regulations. All development in the district including structural and nonstructural activities whether permitted by right, by site plan review or by special permit, must be in compliance with the following:

Section of the Massachusetts State Building Code which addresses floodplain and coastal high hazard areas (currently 780 CMR);

Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00);

Inland Wetlands Restriction, DEP (currently 310 CMR 13.00);

Coastal Wetlands Restriction, DEP (currently 310 CMR 12.00);

Minimum Requirements for Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5);

Any variances from the provisions and requirements of the above-referenced state regulations may only be granted in accordance with the required variance procedures of these state regulations;

All other, applicable Nantucket regulations and bylaws.

Harbor Overlay District (HOD).

(Reserved)

The purposes of the Harbor Overlay District are to ensure that:

Existing water-dependent uses are not displaced by nonwater-dependent uses;

Harbor waters and the immediate shoreline and pier areas are zoned to protect water-dependent uses;

Commercial uses allowed by the underlying district regulations are compatible with, support, or otherwise do not interfere with water-dependent uses of the district; and

In new structures, replacement of commercial use with residential use is limited, except where the lot(s) is located within a residential zoning district.

Uses allowed or permitted in this overlay district are the same as those uses allowed or permitted in the underlying district except as modified by the following:

No new nonwater-dependent use or extension of an existing nonwater-dependent use on shorefront land shall:

Displace or significantly disrupt an existing water-dependent use;

Unreasonably diminish the capacity of the site to accommodate future water-dependent uses;

Impede or infringe upon existing public access.

In new structures located on shorefront land within a commercial zoning district, residential uses shall only be allowed above the first floors except for stairways and other mechanical or accessory functions related thereto;

New residential uses shall not be established on pile-supported structures over coastal waters with access from the HOD, except where the lot is located within a residential zoning district;

Any new structure shall be set back a minimum of 25 feet from the mean high water line.

Any new nonwater-dependent use shall be limited to a maximum ground cover ratio of 50%.

New structures located on shorefront land within a commercial zoning district, which in this subsection shall include extensions of existing structures, shall contain the following water-dependent uses and/or uses accessory to these water-dependent uses or provide these on the lot:

Recreational boating-related: commercial marina; boat ramp or other public boating access facilities; boat haul-out facilities; boat repair and maintenance or waterfront facilities associated with inland sites providing these services; launch service; fuel and pump-out services; upland boat storage; services such as ice, laundry, bait, provisions; businesses such as ship chandlery, fishing outfitter; parking.

Commercial fishing related: berthing; loading/unloading areas; gear storage facilities; parking; seafood wholesaler, retail fish market.

Commercial charter boat: berthing, support facilities.

Waterfront public access and amenities (as an enhancement to all other uses, except where water-dependent operations would present a safety concern): public restrooms, seating, physical access or view easement.

Passenger and cargo ferry pier and facilities.

Existing structures located within a commercial zoning district and used for residential purposes are exempt from Subsection (f) and may be altered or extended, provided that the existing ground cover of the structure(s), as of April 1, 2017, is not increased by a total of more than 100 square feet.

Additional requirements within the HOD.

Notwithstanding the provisions of § 139-23H(3) and 139-23I, all new commercial uses or extensions of commercial uses that increase the ground cover ratio of the lot or parking requirements, and which are not otherwise subject to major site plan review, shall be subject to minor site plan review by the Director of Planning designated by the Planning Board for site plan review purposes, and such professional planning staff to whom the Director of Planning shall delegate this responsibility, for all uses and expansions up to, and including, 3,999 square feet of gross commercial floor area (including roofed over area).

The Planning Board shall be the special permit granting authority for all commercial uses requiring a special permit within the HOD.

In reviewing a use or expansion requiring either a minor or major site plan review within the HOD, the Planning Board and/or the Director of Planning or his designee shall make a determination that the proposed use or improvements are generally consistent with site plan review standards contained in § 139-23, and with the standards set forth in § 139-12I.

The following uses are prohibited in the Harbor Overlay District:

Cruise ship terminals or support facilities owned or operated in conjunction with vessels moored outside of the Harbor.

Personal watercraft rental.

Private docks unless allowed in § 139-22C and D.

Solar Energy Overlay District (SEOD). Notwithstanding the provisions of § 139-7, solar energy facilities are permitted by right in the SEOD. This section shall apply to new land-based solar energy facilities and to physical modifications to existing land-based facilities that materially alter the type, configuration, or size of such facilities or related equipment.

The Planning Board shall be the review authority for site plan review. Any material modifications to the site or the installation following site plan approval shall require a modification subject to approval by the Planning Board.

The following shall apply in addition to the requirements of § 139-23:

The Planning Board shall hold a public hearing for which notice is provided as specified in MGL c. 40A, § 11;

In addition to the submission requirements of § 139-23, the following documentation is required:

The solar energy facility's manufacturer and model and the length, width and height of the solar array;

Drawings of the large-scale ground-mounted solar photovoltaic installation stamped by a professional engineer licensed to practice in the Commonwealth of Massachusetts indicating the proposed layout of the system and any potential shading from nearby structures;

One- or three-line electrical diagram detailing the large-scale ground-mounted solar photovoltaic installation, associated components, and electrical interconnection methods, with all National Electrical Code complaint disconnects and overcurrent devices;

Documentation of the major system components to be used, including the PV panels, mounting system, and inverter;

Name, address, and contact information for proposed large-scale ground-mounted system installer;

An Emergency, Operation, and Maintenance Plan for the solar energy facilities and any accessory structures or required equipment. All means of shutting down the large-scale ground-mounted solar photovoltaic installation shall be clearly marked on the equipment. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures.

Design standards.

Accessory structures and required equipment shall be clustered on the site to the extent possible and screened from view from abutting properties and rights of way to minimize visual impacts;

Lighting shall be limited to that required for safety and operational purposes.

A sign providing the contact information of the owner or operator, including a twenty-four-hour telephone number, shall be mounted on the site in a visible location for emergency use;

To the extent possible, utility connections shall be installed underground;

Land clearing shall be limited to the minimum amount necessary for the construction, operation and maintenance of the large-scale ground-mounted solar photovoltaic installation. The limits of clearing shall be clearly identified on a site plan.

Removal.

Any large-scale ground-mounted solar photovoltaic installation which has reached the end of its useful life or has been abandoned shall be removed no more than 150 days following the date of discontinued operation. The owner or operator shall notify the Planning Board by certified mail of the proposed date of discontinued operation and plans for removal, which shall consist of:

Physical removal of all large-scale ground-mounted solar photovoltaic installations, structures, equipment, security barriers and transmission lines from the site.

Disposal of all solid and hazardous waste in accordance with local state, and federal waste disposal regulations.

Stabilization or re-vegetation of the site as necessary to minimize erosion. The Site Plan Review Authority may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.

Abandonment.

Absent notice of a proposed date of removal or written notice of extenuating circumstances, the solar photovoltaic installation shall be considered abandoned when it fails to operate for more than one year without the written consent of the Planning Board. If the owner or operator of the large-scale ground-mounted solar photovoltaic installation fails to remove the installation in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the Town may enter the property and physically remove the installation.

§ 139-13 Moorlands Management District MMD.

Purpose. The Moorlands Management District is established to protect areas of the island known to be excellent examples of temperate zone heath. Heaths and moorlands on Nantucket Island represent an extremely fragile and unique environment, and are a rare and endangered landform of North America. Along coastal areas, they may also include flood-prone areas, glacial valleys and coastal pond systems. It is the intention of this district to permit a type and integrity of use which is consistent with the long-term integrity of these special ecological systems.

[Amended 5-4-1993 ATM by Art. 43, AG approval 5-24-1993; 4-1-2017 ATM by Art. 73, AG approval 5-31-2017]

Permitted uses:

Conservation and recreation, including structures and uses accessory thereto.

One single-family dwelling unit not exceeding 800 square feet of ground coverage, plus not more than 400 square feet area in the aggregate devoted to decks, covered porches, accessory buildings, or other impervious surfaces.

Uses allowed by special permit with site plan review. The Planning Board is hereby designated the sole special permit granting authority for all uses, structures and extension or alteration of uses or structures within the Moorlands Management District, including, but not limited to the following:

[Amended 5-5-1992 ATM by Art. 40, AG approval 8-3-1992; 4-14-1997 ATM by Art. 49, AG approval 8-5-1997; 4-10-2002 ATM by Art. 36, AG approval 7-31-2002; 4-1-2017 ATM by Art. 73, AG approval 5-31-2017]

One single-family dwelling unit exceeding 800 square feet of ground coverage, including structures and uses normally considered accessory thereto, may be allowed, provided that each special permit granted shall include conditions requiring the siting of structures and uses in a manner which minimizes potentially adverse effects on the moorlands environment and its scenic integrity.

Subdivision of properties located within the Moorlands Management District shall require a special permit.

The issuance of a special permit for subdivision in the Moorlands Management District shall include conditions as to the layout of lots, the design and location of public improvements, and the establishment of permitted building envelopes, so as to minimize potentially adverse effects on the moorlands environment and its scenic integrity.

The Planning Board shall have the authority to require clustering of lots as a condition for the issuance of the special permit in order to accomplish the above-stated objectives.

Site plan approval. Prior to the issuance of a building permit for structures or uses permitted as a matter of right or by special permit in the Moorlands Management District, the Planning Board shall have the authority to review and approve the siting of said structure(s) on the lot in accordance with the following performance standards:

To maximize the protection of endangered plant and animal species through the siting of structures and uses a maximum distance away from known or suspected habitats of such species, even when such habitats are located off-site; to minimize disturbance to such species by limiting construction activities to certain times of the year.

To maximize the protection of scenic views through the siting of structures on lower elevations, and clustering of structures near other structures located off-site.

To maximize protection of moorlands and heath-land vegetation and landforms through the use of various measures, including, but not limited to, limitations on grading, fencing, landscaping, driveway and parking facilities, and other physical disruptions to indigenous natural systems.

The Planning Board may include conditions as part of the approval of such a site plan in order to assure conformance with the standards.

Procedures.

[Amended 4-10-2000 ATM by Art. 46, AG approval 8-2-2000; 4-1-2017 ATM by Art. 73, AG approval 5-31-2017]

Failure of the Planning Board to notify the Building Inspector of its action with respect to such application within 20 days of the application filing date shall be deemed approval of the application by the Planning Board.

The Building Inspector shall not accept a building or use permit application for land in the Moorlands Management District unless it contains either:

The Planning Board's decision on the site plan review application; or

Documentation in a form satisfactory to the Building Inspector that 20 days have elapsed from the date of submission of the site plan review application to the Planning Board without said Board having rendered a decision.

§ 139-14 Special Districts: Our Island Home (OIH), and Assisted/Independent Living Community District (ALC).

[Amended 4-10-2000 ATM by Art. 27, AG approval 8-2-2000; 4-15-2003 ATM by Art. 27, AG approval 8-27-2003; 9-21-2009 STM by Arts. 10, 11, 12, 13, 14, 15, 16, AG approval 12-11-2009; 4-6-2015 ATM by Art. 64, AG approval 8-5-2015]

Permitted uses in all districts:

Apartments for occupants age 55 or older or disabled.

Elder housing facility (nursing home);

Services and facilities for the benefit of the elderly, long-term care residents, disabled persons, and/or others for whom social-welfare programs may be provided.

(Reserved)

The following additional uses are permitted in the ALC District through the isuance of a special permit by the Planning Board:

Elder housing facility.

Employee housing;

Affordable housing.

Additional requirements of the ALC District.

Open area free from impervious surfaces: at least 20% as defined in § 139-16E;

Minimum vegetative buffer area: 50 feet from all lot lines, 75 feet from street lines (except as necessary for entrance drives and utilities);

Maximum number of units (excluding employee housing and affordable housing): 75 dwelling units;

The requirement for off-street parking and loading facilities shall be established by the Planning Board.

The requirements of this § 139-14D may be waived through the issuance of special permit by the Planning Board based upon a finding that the requested relief is not substantially more detrimental to the neighborhood than the existing conditions.

§ 139-15 Accessory uses.

[Amended 5-6-2023 ATM by Art. 58, AG approval 9-8-2023]

In addition to the principal buildings, structures or uses permitted in a district, there shall be allowed in that district, as accessory uses, such activities as are subordinate and customarily incident to such permitted uses including, but not limited to, the rental of rooms within an owner-occupied dwelling unit.

§ 139-16 Intensity regulations. [1]

Except as expressly provided by § 139-30 of this chapter, no structure or building shall be constructed or used, and no lot or parcel of land shall be built upon, improved or used, and no lot shall be changed in size, shape, boundaries or frontage, unless in conformity with the requirements set forth below:

[Amended 5-5-1992 ATM by Art. 45, AG approval 8-3-1992; 4-8-1996 ATM by Art. 40, AG approval 7-15-1996; 4-15-2003 ATM by Art. 31, AG approval 8-27-2003; 4-15-2003 ATM by Art. 50, AG approval 8-27-2003; 4-12-2004 ATM by Art. 25, AG approval 9-3-2004; 4-4-2006 ATM by Art. 47, AG approval 8-2-2006; 10-23-2006 STM by Art. 3, AG approval 3-21-2007; 4-11-2007 ATM by Art. 38, AG approval 6-28-2007; 4-8-2008 ATM by Art. 55, AG approval 8-18-2008; 4-8-2008 ATM by Art. 64, AG approval 8-18-2008; 4-5-2010 ATM by Art. 54, AG approval 8-5-2010; 4-2-2013 ATM by Art. 37, AG approval 7-26-2013; 4-6-2015 ATM by Art. 47, AG approval 8-5-2015; 11-9-2015 STM by Art. 2, AG approval 12-29-2015; 4-1-2017 ATM by Art. 68, AG approval 5-31-2017; 11-6-2017 STM by Art. 19, AG approval 2-26-2018; 4-1-2019 ATM by Art. 47, AG approval 8-6-2019]

Yard Setback
District Defined in § 139-3	Minimum Lot Size (square feet)	Front (feet)	Side/Rear (feet)**	Frontage (feet)*	Ground Cover Ratio
LUG-1	40,000	35	10	100	7%
LUG-2	80,000	35	15	150	4%
LUG-3	120,000	35	20	200	3%
R-1	5,000	10	5	50	30%
R-5	5,000	10	Side: 10 minimum on one side; 5 thereafter Rear: 5	50	40%
R-5L	5,000	10	Side: 10 minimum on one side; 5 thereafter Rear: 5	50	30%
R-10	10,000	20	10	75	25%
SR-10	10,000	15	5	75	25%
SR-20	20,000	30	10	75	12.50%
V-R	20,000	20	10	100	10.0%
R-20	20,000	30	10	75	12.5%
R-40	40,000	30	10	75	10.0%
ROH/SOH	5,000	None	5	50	40% ROH 50% SOH
CDT	3,750	None	Side: none Rear: 5	35	75%
RC	5,000	None	5	50	50%
RC-2	5,000	10	5	40	50%
CMI	5,000	None	None	50	50%
CN	7,500	10	Side: 5 Rear: 10	50	40%
CTEC	10,000	10	Side: 5 Rear: 10	50	40%
CI	15,000	20	Side: none Rear: 10	75	50%
MMD	10 acres	50	50	300	0.5%
VN	10,000	10	10	50	30%
VTEC	40,000	30	20	100	25%

NOTES:

See § 139-16C for additional requirements and exceptions for yards.

Exceptions for frontage*.

The Planning Board may grant a special permit reducing the minimum frontage required in commercial districts to no less than 20 feet, provided that the use or structure on the lot to be granted such a reduction is a commercial use or structure and that such reduction in frontage will not be substantially more detrimental to the neighborhood.

[Amended 5-6-2023 ATM by Art. 56, AG approval 9-8-2023]

Frontage may be reduced by up to 30% for lots fronting on the turning circle of a dead-end street.

Frontage of a lot may be reduced for an individual lot in a subdivision or on a plan endorsed "approval not required" to a minimum of 50 feet (which width shall not be reduced at any depth within the lot), provided that:

The total number of lots does not exceed the total permitted by the area requirements of § 139-16A above.

The total frontage of all lots shall meet or exceed the total frontage requirements of § 139-16A above.

Each lot shall have a regularity factor of 0.55 or more as required by Subsection D below.

Notice of the reduction of frontage for any lot under this § 139-16B(3) shall have been recorded or registered as an encumbrance upon the record title for each lot considered in making any computation under this section concurrently with the recording or registration of the plan which created such lot with reduced frontage or prior to conveyance or building upon any individual lot shown upon such plan.

Additional requirements and exceptions for yards. [See § 139-33E(3) below.]

[Amended 5-5-1992 ATM by Art. 36, AG approval 8-3-1992; 4-12-2004 ATM by Art. 40, AG approval 9-3-2004; 4-8-2008 ATM by Art. 29, AG approval 8-18-2008; 4-5-2010 ATM by Art. 54, AG approval 8-5-2010]

Notwithstanding the provisions of § 139-16C(4), the Board of Appeals may grant a special permit to reduce the ten-foot side yard setback in R-5 and the ten-foot side and rear yard setback in R-10, R-20 and SR-20 to five feet.

[Amended 4-3-2018 ATM by Art. 45; AG approval 7-18-2018; 4-1-2019 ATM by Art. 49, AG approval 8-6-2019]

The Board of Appeals may grant a special permit to validate unintentional setback intrusions not greater than five feet into a required yard and not closer than four feet from a lot line, provided that it shall first find that the burden of correcting the intrusion substantially outweighs any benefit to an abutter of eliminating the intrusion and, if the intruding structure was so sited after 1990, the siting of the structure was reasonably based upon a licensed survey.

For lots abutting two or more streets or ways, whether constructed or not, the required front yard setback shall be maintained from one street or way, and the required side yard setback shall be maintained from each other lot line, except in the R-1 and RC-2 Districts, where a minimum ten-foot side yard setback shall be maintained from any other street or way, whether constructed or not.

In the R-5 District the ten-foot side yard setback may be reduced to five feet subject to the following:

[Amended 6-25-2020 ATM by Art. 49, approved 10-27-2020]

A five-foot side yard setback may apply to a secondary dwelling or accessory structure that is located within 20 feet of the rear lot line, or to sheds of not more than 50 square feet in ground cover and eight feet in height, as measured from the top of the slab or pier foundation; or

Where a common driveway of at least 10 feet in width is provided to allow access to two or more lots.

In the R-10 District the ten-foot side and/or rear yard setback may be reduced to five feet for sheds of not more than 50 square feet in ground cover and eight feet in height, as measured from the top of the slab or pier foundation.

[Added 6-25-2020 ATM by Art. 49, approved 10-27-2020]

Regularity formula.

The regularity factor of any lot shall not be less than 0.55. The regularity factor shall be determined by the formula:

r = 16A/p² where

r = regularity factor

A = land area in square feet

p = perimeter in feet

That part of the lot area in excess of the required lot area may be excluded from the regularity formula in determining the regularity factor. The perimeter containing the excess area shall not include the required frontage.

The regularity formula shall not apply to lots recorded or endorsed prior to April 15, 1980.

Open area.

Except for lots within the CDT District, a lot containing a commercial building, structure or use shall have a minimum of 20% of the land as open area free from impervious surfaces.

[Amended 4-2-2016 ATM by Art. 60, AG approval 7-12-2016]

Impervious surfaces here include, but are not limited to, paved and gravelled areas, walkways and sidewalks, patios, decking, game courts, pools, buildings and other structures, and areas designated for parking or loading; provided, however, that in computing the percentage of open area, brick sidewalks may be counted as open area up to a maximum of 10% of the lot or site.

Relief from this open area requirement may be obtained by special permit by the special permit granting authority, provided that it makes the express finding that the applicant has provided sufficient and appropriate landscaping; and further provided that it makes the finding that the benefits to the community and the neighborhood from the reduction of open area requirements, as conditioned by the decision granting the special permit, will outweigh the benefits that would be derived from the provision of the open area requirements as would otherwise be required. The special permit granting authority shall impose appropriate conditions for the granting of such a special permit, including, but not limited to, the substitution for off-site landscaping elements, the contribution of the applicant toward the creation of common public spaces, and requirements for the permanent maintenance of landscaping features within the site by the applicant and its successors.

[Amended 4-30-2003 ATM by Art. 53, AG approval 8-27-2003]

For major commercial developments, the open area requirement (20%) is set forth in § 139-11E above.

[Amended 11-6-2017 STM by Art. 19, AG approval 2-26-2018]