[Amended 4-12-1994 ATM by Art. 55, AG approval 4-29-1994; 4-12-1999 ATM by Art. 37, AG approval 8-10-1999; 4-15-2003 ATM by Art. 31, AG approval 8-27-2003; 4-8-2008 ATM by Art. 64, AG approval 8-18-2008; 4-6-2009 ATM by Art. 47, AG approval 8-10-2009; 9-21-2009 STM by Art. 22, AG approval 12-29-2009]
A. 
Building and structure height is measured as the average height of all sides of a building or structure from the average mean grade to the highest point of the building and/or structure. There shall be only one highest point for each building and/or structure. No one building and/or structure side shall exceed 32 feet, except in the CDT and CMI Districts, or as otherwise permitted. Height limitations, except as noted in the Village Height Overlay District and the Nantucket Cottage Hospital Overlay District, shall be as follows:
[Amended 4-6-2015 ATM by Art. 70, AG approval 8-5-2015; 4-2-2016 ATM by Art. 36, AG approval 7-12-2016; 11-6-2017 STM by Art. 19, AG approval 2-26-2018; 6-5-2021 ATM by Art. 63, AG approval 10-7-2021]
Zoning District
Maximum Height
Country Overlay District
SR-1, SOH, SR-10, SR-20, LUG-1, LUG-2, LUG-3, MMD, VN, VTEC, VR
30
Town Overlay District
R-1, ROH, R-5, R-10, R-20, R-40, CDT, CN, CTEC, CI, RC, RC-2
30
Town Overlay District
CMI
301
NOTES:
1With a special permit allowance to 38 feet.
B. 
The following uses are permitted to exceed such height limitation to an extent reasonable and customary:
(1) 
Roof structures for ornamental purposes, such as roof walks, cupolas, spires and steeples.
(2) 
Penthouses on buildings to the extent necessary for mechanical purposes, not higher than eight feet and with area less than 25% of the building ground cover.
(3) 
Chimneys attached to a building, provided height shall not exceed 40 feet.
(4) 
Building-mounted vertical wind turbines and residential-type antennas, provided height shall not exceed 40 feet.
(5) 
Lighthouses and beacons.
(6) 
Residential WECS and WECS as an accessory use in the CI District, provided that maximum tower height shall not exceed 60 feet. Height shall be measured from the mean grade surrounding the support pad(s) to the base of the wind generator measured along the vertical axis of the tower.
(7) 
Solar energy facilities located within the SEOD.
[Added 4-1-2019 ATM by Art. 62, AG approval 8-6-2019]
C. 
Exceptions by special permit. The special permit granting authority may grant a special permit to allow the following structures to exceed such height limitations:
(1) 
Chimneys.
(2) 
Antennas.
(3) 
Water towers and stand pipes.
(4) 
Residential WECS greater than 60 feet in height and commercial WECS. Height shall be measured from the mean grade surrounding the support pad(s) to the base of the wind generator measured along the vertical axis of the tower.
(5) 
Buildings located within the CDT Zoning District, provided that a finding is made by the special permit granting authority that the proposed height exceeding 30 feet is:
(a) 
Both necessary and desirable to the restoration or preservation of an existing, historic structure, if applicable;
(b) 
Both complementary and appropriate to the scale of the adjoining streetscape which is supported by the existence of surrounding buildings of equivalent height and the receipt of approval from the Historic District Commission; and
(c) 
Not detrimental to adjoining properties by substantially casting them in shadow or resulting in the loss of privacy, air circulation, sunlight, safe ingress and egress or overcrowding.
(6) 
(Reserved)
(7) 
The height of a structure which is situated within the "Areas of one-hundred-year Flood" and/or the "Areas of 100-Year Coastal Flood with Velocity" as established by the Federal Emergency Management Agency ("FEMA") and depicted upon the Flood Insurance Rate Map promulgated by FEMA, as from time to time revised, shall not exceed 30 feet above the minimum height at which the first floor of the structure will conform with all applicable building codes and FEMA requirements, except in the CDT District where a maximum height may be determined by special permit.
[Added 4-6-2015 ATM by Art. 69, AG approval 8-5-2015; amended 4-2-2016 ATM by Art. 60, AG approval 7-12-2016]
[Amended 5-5-1992 ATM by Art. 47, AG approval 8-3-1992; 4-12-1999 ATM by Art. 38, AG approval 8-10-1999; 4-10-2000 ATM by Art. 46, AG approval 8-2-2000; 4-9-2001 ATM by Art. 38, AG approval 8-2-2001; 4-15-2003 ATM by Art. 30, AG approval 8-27-2003; 4-15-2003 ATM by Art. 31, AG approval 8-27-2003;4-15-2003 ATM by Art. 51, AG approval 8-27-2003; 4-12-2004 ATM by Art. 25, AG approval 9-3-2004; 4-9-2007 ATM by Art. 37, AG approval 6-28-2007; 4-8-2008 ATM by Art. 64, AG approval 8-18-2008; 4-6-2009 ATM by Art. 28, AG approval 8-10-2009; 4-6-2011 ATM by Art. 64, AG approval 9-15-2011; 4-5-2014 ATM by Art. 62, AG approval 5-7-2014; 4-6-2015 ATM by Arts. 61, 62, 70, AG approval 8-5-2015; 11-9-2015 STM by Art. 2, AG approval 12-29-2015; 4-2-2016 ATM by Art. 52, AG approval 7-12-2016; 11-6-2017 STM by Art. 19, AG approval 2-26-2018; 5-6-2023 ATM by Art. 44, AG approval 9-8-2023; 5-3-2025 ATM by Art. 48, AG approval 10-16-2025]
A. 
Except in the CDT District, no land shall be used and no building or structure shall be erected, enlarged or used unless the off-street parking space requirements are met as specified in this § 139-18.
(1) 
For the purpose of this § 139-18, an enlargement of any building or a change in use of a building, which increases the parking requirements beyond what currently exists, shall require the provision of off-street parking for the existing building as if it were newly constructed.
(2) 
When a lot is used for more than one use, parking requirements shall be computed for each use.
(3) 
Where the computation of required parking space results in a fractional number, only the fraction of 0.50 or more shall be counted as one.
(4) 
Required off-street parking spaces shall be provided on the same lot as the principal or accessory use they are required to serve.
(5) 
Parking upon a lot shall be located entirely within delineated parking areas. Delineated shall mean, for the purposes of this subsection, a parking area defined by edging or surface material so that it can be differentiated from surrounding yard or landscaped areas. Continuous use of landscaped areas to meet parking needs shall be deemed a change of use and may require additional screening as noted in this sub-section;
(6) 
Head-in, ninety-degree parking spaces and forty-five-degree parking spaces shall not be less than nine feet in width and 20 feet in length. The required length for parallel parking spaces shall not be less than 20 feet. For residential parking only, one required parking space may be reduced to a minimum dimension of seven feet in width and 17 feet in length.
(7) 
Parking areas containing five or more spaces required for a commercial use shall be so arranged as not to require backing of vehicles onto any street or way.
(8) 
Stacked or tandem parking spaces are allowed for residential uses only.
(9) 
Aisle width. For lots containing one or more commercial uses, aisle width shall not be less than 20 feet for ninety-degree parking, 15 feet for forty-five-degree parking (angle shall be measured between center line of parking space and center line of aisle), and 12 feet for parallel parking. Aisle width requirements shall not apply to residential uses except for lots containing multifamily or duplex dwelling units, in which case a minimum aisle width of 12 feet shall apply for ninety-degree, forty-five-degree, and parallel parking.
B. 
Parking requirements.
Residen-
tial [§ 139-7]
Zoning Districts
Single- Family Dwelling
Second-
ary Dwelling Unit1
Accessory Dwelling Unit
Tertiary Dwelling/ Tiny House Unit
Apart-
ment2
Garage Apart-
ment
Studio
Duplex
Elder Housing Facilities
Town Residen-
tial Districts
R-1
SR-1
1
.6/br
1
N/A
N/A
0.5/br
0
0.75/br not to exceed 4
1 per 2 residents
ROH
SOH
1
1
0
N/A
N/A
0.5/br
0
0.75/br not to exceed 4
1 per 2 residents
R-5
1
1
1
1
N/A
1
1
0.75/br not to exceed 4
1 per 2 residents
R-10
SR-10
2
0.75/br
1
1
N/A
1
1
0.75/br not to exceed 4
1 per 2 residents
R-20
SR-20
2
1.0/br
1
1
N/A
1
1
0.75/br not to exceed 4
1 per 2 residents
R-40
2
1.0/br
1
1
N/A
1
1
0.75/br not to exceed 4
1 per 2 residents
Town Com-
mercial Districts
CDT
1
0
N/A
N/A
0
0
0
0
0
CMI
1
N/A
N/A
N/A
1.0/br
1
1
0.75/br not to exceed 4
1 per 2 residents
CN
1
N/A
N/A
N/A
1.0/br
1
1
0.75/br not to exceed 4
1 per 2 residents
CTEC
1
N/A
1
N/A
1.0/br
1
1
0.75/br not to exceed 4
1 per 2 residents
CI
N/A
N/A
N/A
N/A
1.0/br
1
1
0.75/br not to exceed 4
N/A
RC
1
1
0
N/A
0.75/br
0.75/br
0
0.75/br
1 per 2 residents
RC-2
2
0.75/br
1
N/A
1.0/br
1.0/br
1
1.0/br
1 per 2 residents
Country Residen-
tial Districts
V-R
2
2
1
N/A
N/A
1
1
N/A
1 per 2 residents
LUG-1
2
2
1
1
N/A
1
1
N/A
1 per 2 residents
LUG-2
2
2
1
1
N/A
1
1
N/A
1 per 2 residents
LUG-3
2
2
1
1
N/A
1
1
N/A
1 per 2 residents
MMD
2
2
1
N/A
N/A
1
1
N/A
N/A
Country Com-
mercial Districts
VN
2
N/A
N/A
N/A
N/A
1
1
N/A
N/A
VTEC
2
N/A
N/A
N/A
N/A
1
1
N/A
N/A
NOTES:
"br" shall mean "bedroom" as determined by the ZEO.
1For interpretation purposes, the secondary dwelling unit shall be the unit with the lesser number of bedrooms and shall not be related to the sequence of building.
2For interpretation purposes, "apartment" shall include the following uses contained within the Use Table in § 139-7A[1]: apartment, apartment building, garage apartment, and workforce rental community.
Commercial and Other
Uses
Number of Spaces
Rooming, lodging and guest houses
3 spaces plus 1 space for each rental unit over 2
Motels, hotels and inns
2 spaces plus 1 spaces for each 3 rental units plus 1 space for each 3 persons of total certified building occupancy for meetings and functions
Restaurants, taverns and bars, including their outside seated-service areas:
ROH: 0 spaces required; RC and CMI in the MIPOD only: 1 space for each 6 seats; RC: 1 space for each 4 seats; all other districts: 1 space for each 3 seats
Take-out food establishments
5 spaces per take-out service station and 1 for each 4 seats
Employer dormitories
1 space per bedroom
Retail stores and services
1 for each 200 square feet of gross floor area
Recreational facilities (commercial)
1 for each 3 persons of total certified building occupancy
All above uses
1 space for each 3 employees on peak shift
Theaters, auditoriums and other places of public assembly
1 space for each 4 seats
Offices
1 for each 200 square feet of gross floor area, except in the CTEC, CI, VN and VTEC where 1 space for each 500 square feet is required
Commercial industrial and industrial uses, as specified in the "use chart" in § 139-7A
1 for each 900 square feet of gross floor area
Storage or office space ancillary to a commercial use
0 spaces
Use
Parking Spaces Required
Elder housing facilities
1 space for each 2 beds
Hospital
2 spaces for each 1,000 square feet of gross floor area
Hospital housing
1 space for each bedroom
Medical office
1 space for each 250 square feet of gross floor area
Medical supply sales
Office (including office for home care providers)
Pharmacy
Rehabilitation center
1 space for each 2 beds
Specialty testing facilities
1 space for each 250 square feet of gross floor area
Wellness center
1 space for each 250 square feet of gross floor area
[1]
Editor’s Note: The Use Table is included as an attachment to this chapter.
C. 
For other permitted uses or uses by exception which are not covered in § 139-18B above, comparably adequate off-street parking shall be required as shall be reasonably determined by the Zoning Enforcement Officer, or the special permit granting authority having jurisdiction.
D. 
Relief from parking requirements of this chapter:
(1) 
May be secured through the issuance of a special permit by the special permit granting authority, provided that such authority finds;
(a) 
That the granting of such relief is in harmony with the general purpose and intent;
(b) 
That full compliance is physically impossible for the applicant to provide, or, if physically possible, would have a significant adverse effect upon the scenic or historic integrity of the neighborhood; and
(c) 
The granting of relief would not be contrary to sound traffic, parking or safety considerations; and
(2) 
For properties located in the LUG-1, LUG-2, LUG-3 and MMD Zoning Districts, special permit relief shall be limited to a waiver of not more than 30% of the spaces required under the provisions of § 139-18.
[Amended 4-12-1999 ATM by Art. 39, AG approval 8-10-1999; 4-9-2001 ATM by Art. 27, AG approval 8-2-2001; 4-15-2003 ATM by Art. 32, AG approval 8-27-2003; 4-5-2014 ATM by Art. 62, AG approval 5-7-2014]
A. 
Parking areas with 5 or more spaces on a lot shall be effectively screened on each side adjoining or fronting on any street and/or abutting property by a wall, fence or densely planted compact hedge not less than 3 feet nor more than 8 feet in height, except where the closest point of such parking area is at least 75 feet from the nearest abutting property line or street.
B. 
For parking areas of 20 spaces or more on the lot, the following additional screening requirements shall apply:
(1) 
Parking areas shall be bordered by a 10-foot-wide planting strip buffer with at least 1 tree per 8 parking spaces. Tree type and size shall be determined by the special permit granting authority.
C. 
All off-street loading facilities which are within 30 feet of any residential area shall be completely screened therefrom by dense year-round vegetation, building walls, or a solid fence or wall not less than 6 nor more than 8 feet in height.
D. 
Relief from the screening of parking areas, driveways, and off-street loading facilities requirements of this chapter may be secured through the issuance of a special permit by the special permit granting authority, provided that such authority finds:
(1) 
That the granting of such relief is in harmony with the general purpose and intent;
(2) 
That full compliance is physically impossible for the applicant to provide, or, if physically possible, would have a significant adverse effect upon the scenic or historic integrity of the neighborhood; and
(3) 
The granting of relief would not be contrary to sound traffic, parking or safety considerations.
[Amended 5-5-1992 ATM by Art. 42, AG approval 8-3-1992; 4-10-2000 ATM by Art. 46, AG approval 8-2-2000; 4-5-2014 ATM by Art. 62, AG approval 5-7-2014]
Off-street loading facilities are not required in any district except as may be determined by the special permit granting authority during review of a use permit. The special permit granting authority shall determine the size and location of any required off street loading facilities. Off-street loading facilities are not permitted in the CDT or Town Residential Districts, as specified in the "use chart" in § 139-7A.
[Added 4-13-1998 ATM by Art. 34, AG approval 7-31-1998; amended 4-12-1999 ATM by Art. 40, AG approval 8-10-1999; 4-9-2001 ATM by Art. 27, AG approval 8-2-2001]
A. 
Purpose. This § 139-20.1 regulating driveway access is enacted under the authority of MGL c. 40A for the purposes of protecting the safety and general welfare of the inhabitants of the Town of Nantucket, by the creation of standards, guidelines and regulatory and administrative processes governing the creation of driveway access within all zoning districts.
B. 
Regulation of driveway access. No building permit in connection with a building or use which creates a new driveway access onto a public right-of-way, or private right-of-way intended for public use, shall be issued, nor use established, until such driveway access has been approved by the Nantucket Department of Public Works (DPW), as complying with the requirements of § 139-20.1B(2). This requirement may be waived for individual driveway accesses on lots shown on a definitive subdivision which has been endorsed by the Planning Board pursuant to the Subdivision Control Law, MGL c. 41, §  81K et seq., and for which a certification by the DPW has been received by the Planning Board that the driveway accesses within the subdivision comply with the requirements of § 139-20.1B(2). A Certificate of Appropriateness issued by the Nantucket Historic District Commission (HDC) is required prior to driveway access approval by the DPW for lots located within the "Old Historic Districts" as shown on the map entitled "Old Historic Districts," dated February 11, 2020, as may be amended from time to time by the HDC.
[Amended 4-12-1999 ATM by Art. 40, AG approval 8-10-1999; 4-15-2003 ATM by Art. 30, AG approval 8-27-2003; 4-12-2004 ATM by Art. 45, AG approval 9-3-2004; 4-13-2005 ATM by Art. 40, AG approval 8-5-2005; 4-5-2014 ATM by Art. 62, AG approval 5-7-201411-6-2017 STM by Art. 19, AG approval 2-26-2018; 6-25-2020 ATM by Art. 50, AG approval 10-27-2020]
(1) 
No more than one driveway access shall be allowed on a lot. However, the Planning Board may grant a waiver to allow two or more driveway accesses in accordance with § 139-20.1C.
(2) 
Minimum driveway standards associated with driveway accesses. No request for approval of a driveway access permit shall be approved unless the driveway complies with the following minimum standards:
(a) 
Driveways shall be designed and constructed so as not to result in the direction of stormwater runoff, and soil, stones, or other debris, onto or within the intersecting right-of-way.
(b) 
No driveway access shall be located closer than 25 feet from the curbline of an intersecting street, measured from the nearest point of the driveway.
(c) 
Driveways shall be constructed with a slope not exceeding 12% at their intersection with the street. The DPW may approve a greater slope based on a finding that a lesser slope is infeasible due to the topography or other natural characteristics of the site, and the driveway is designed using sound engineering practice.
(d) 
Any new or modified driveways intersecting with a public or private paved road shall have a cobblestone, belgium block, concrete, brick, asphalt apron, or other hard surface material. The apron shall extend across the entire width of the driveway and shall have a minimum depth of 10 feet behind the edge of pavement.
(e) 
Any areas disturbed in connection with the construction of the driveway shall be stabilized to prevent erosion and sedimentation of the subject property, adjacent property, and of the intersecting street. Adjoining drainage structures shall be protected from sedimentation. Disturbed areas shall be loamed and seeded immediately following construction, or temporary erosion control measures used outside of the growing season.
(f) 
The width of driveway accesses shall be measured at the limit of the traveled way within the street right-of-way.
[1] 
Driveway width for commercial uses shall be a minimum of 12 feet and a maximum of 30 feet, excluding corner roundings which may have a maximum radius of 5 feet.
[2] 
Driveway access for residential uses shall be cleared free of vegetation and obstruction to a minimum width of 12 feet and a minimum height of 13 feet. The travelled surface of the driveway shall be a minimum of 10 feet in width and a maximum of 15 feet in width, excluding corner rounding which may have maximum radius of 2 feet. A residential driveway access not exceeding 20 feet in width (excluding corner rounding with a maximum radius of 2 feet) may be allowed subject to its conformance with standards as shown in Option 1, below and subject to conditions set forth in Subsection B(2)(g) below. In the R-5 District only, 2 such driveways may be constructed on a single lot, provided that the driveways are separated by at least 5 feet of landscaping or walkway as shown in Option 2, below. Tandem parking extensions to any such driveway configuration as shown in Options 3 and 4, below, may be allowed through the issuance of a special permit by the Planning Board.
[3] 
In the R-5 and R-10 Districts only, head-in residential driveways not exceeding 27 feet in width and not more than 20 feet in depth measured from the property line shall be permitted subject to the screening requirements above.
(g) 
On-site turnarounds will be required for all lots within the LUG-1, LUG-2, LUG-3, and MMD Zoning Districts, except for those lots in said districts that are within a cluster, MRD, flex development, or open space residential development subdivisions. In addition, on-site turnarounds are required for lots with driveway access onto the following roadways:
Amelia Drive
Atlantic Avenue
Bartlett Road
Cliff Road
Consue Springs Street: a.k.a. Union Street: between Orange Street and Spring Street
Essex Road
Fairgrounds Road
Francis Street
Friendship Lane
Hooper Farm Road
Hummock Pond Road
Madaket Road
Main Street: between Quaker Road and New Lane
Main Street (Siasconset)
Miacomet Avenue: between Surfside Road and Otokomi Road
Miacomet Road: between Surfside Road and Otokomi Road
Milestone Road
Milk Street
New Lane
New Street, Siasconset
Nobadeer Farm Road
Old South Road
Orange Street: from (Consue Springs Street Union Street east)
Otokomi Road
Pleasant Street
Polpis Road
Prospect Street
Quaker Road
Raceway Drive
Sankaty Road
Somerset Lane
Somerset Road: between Friendship Lane and Vesper Lane
Sparks Avenue
Surfside Drive
Surfside Road
Union Street: between Francis Street and Consue Springs Street to Orange Street
Vesper Lane
Washington Street
(h) 
All secondary dwellings, tertiary dwellings, and garage apartments approved by the Planning Board shall have a combined driveway access. However, the Planning Board may approve separate access for such dwellings on lots that are not expressly permitted two driveway accesses pursuant to § 139-20.1B(1), upon a finding made during the review of secondary dwelling, tertiary dwelling, and garage apartment applications that the separate access would not have a significant and adverse effect on the scenic or historic integrity of the neighborhood and that separate access is not contrary to sound traffic and safety considerations. Access to secondary dwellings, tertiary dwellings, and garage apartments shall be clear of obstructions or vegetation to a width of 12 feet and a height of 13 feet along a driveway with a minimum improved width of 10 feet.
[Amended 5-2-2022 ATM by Art. 53, AG approval 10-31-2022]
(3) 
Common driveways for shared access by 2 or more lots shall comply with the requirements of this section.
(a) 
An easement(s) running with the land in perpetuity, and providing for maintenance, repair, and reconstruction of the driveway and any associated drainage by parties in interest, shall be executed by the owners, and recorded in the Registry of Deeds prior to the issuance of any building permits.
C. 
Waivers. The Planning Board may grant a waiver to any of the requirements of this § 139-20.1 through the granting of a special permit, provided that, in addition to finding that the requirements of § 139-30 have been satisfied, the Board finds that the granting of the special permit would not have a significant and adverse effect on the scenic or historic integrity of the neighborhood, and is not contrary to sound traffic and safety considerations.
[Amended 4-14-1997 ATM by Art. 49, AG approval 8-5-1997; 4-8-2008 ATM by Art. 65, AG approval 8-18-2008; 4-6-2009 ATM by Art. 47, AG approval 8-10-2009]
A. 
Residential WECS.
(1) 
Permitted as an accessory use in all districts.
(2) 
A maximum of one tower per lot shall be permitted. Additional towers may be allowed by special permit.
(3) 
Towers greater than 45 feet in height shall be set back from the property line a distance measured from the mean grade surrounding the support pad(s) to the tip of a blade in vertical position measured along the vertical axis of the tower. Towers 45 feet or less in height shall be subject to the setback requirements of § 139-16.
B. 
Commercial WECS.
(1) 
Permitted as a primary use in the following districts by special permit with major site plan review: LUG-1, LUG-2, LUG-3, RC-2, CN, CTEC, VN, VTEC and CI.
(2) 
Agricultural WECS in all zoning districts shall be subject to the restrictions of (4) and (5) of this section and no special permits shall be required.
(3) 
The maximum number of towers per lot shall be limited by special permit except in the CI District where one may be permitted as an accessory use.
(4) 
Towers greater than 30 feet in height shall be set back from the property line a distance measured from the mean grade surrounding the support pad(s) to the tip of the blade in a vertical position measured along the vertical axis of the tower. Towers 30 feet or less in height shall be subject to the setback requirements of § 139-16.
(5) 
Maintenance. Every two years the owner shall submit a structural report to the Building Inspector attesting to the structural integrity of the wind generator, tower and/or support system.
(6) 
The granting of a special permit for a commercial WECS shall be based upon a finding by the Planning Board that the location of the WECS does not have a substantial adverse impact on the surrounding area.
C. 
Submission requirements. The application for a building permit for WECS shall be accompanied by the following documents in addition to those documents required by § 139-26:
(1) 
A plot plan prepared and stamped by a registered land surveyor indicating the location of the proposed WECS, existing and proposed structures, aboveground utility lines and any other significant features or appurtenances.
(2) 
Structural drawings prepared and stamped by a registered professional engineer of the wing tower, including pad design and guy wire design, if applicable.
(3) 
Drawings and specifications prepared and stamped by a registered professional engineer of the generator, hub and blades, electrical support facilities, including transformers, cables and control devices.
D. 
Removal. The Building Inspector may cause the owner to remove WECS, including all appurtenances thereto, if the facility fails to generate power for one year or more.
E. 
Electromagnetic interference.
(1) 
Prior to the issuance of a building permit, the manufacturer shall provide sufficient data and documentation to establish that the installation will not cause electromagnetic interference to any abutter.
(2) 
The WECS installation shall comply with Federal Communications Commission Regulation 47 CFR 15.
(3) 
Upon the complaint of an abutter, an investigation shall be performed by an agent of the Planning Board. The agent shall submit a report of his findings to the Planning Board for review and evaluation. A fee for the report shall be established by the Planning Board. After review and evaluation of the report, the Planning Board shall determine if the installation causes electromagnetic interference to any abutter. The fee for the report shall be paid by the complainant, unless the Planning Board determines that there is electromagnetic interference to an abutter, in which case the owner shall pay the fee.
(4) 
If electromagnetic interference is caused by the installation of a WECS, the installation shall be deemed a public nuisance in violation of § 139-7B of this chapter. The violation shall be corrected within 90 days from the date of notification. If the electromagnetic interference cannot be remedied, the WECS shall be removed or relocated.
[Amended 4-6-2011 ATM by Art. 64, AG approval 9-15-2011]
[Amended 5-5-1992 ATM by Art. 38, AG approval 8-3-1992; 4-10-1995 ATM by Art. 50, AG approval 5-22-1995; 4-13-1998 ATM by Art. 35, AG approval 7-31-1998; 4-10-2000 ATM by Art. 29, AG approval 8-2-2000; 4-13-2005 ATM by Art. 45, AG approval 10-19-2005; 10-23-2006 STM by Art. 16, AG approval 3-21-2007; 4-9-2007 ATM by Art. 28, AG approval 6-28-2007; 4-8-2008 ATM by Art. 52, AG approval 8-18-2008]
A. 
There shall not be permitted in or upon the areas adjacent to Nantucket Sound and the Atlantic Ocean between the water and the primary coastal bank or, in the absence of a bank, the line of upland vegetation, any dwelling, except dwellings which have continued in lawful existence since April 6, 1982.
B. 
Except as otherwise provided in Paragraphs C, D and E of this § 139-22, the construction of new docks and piers and wharves, the extension of existing docks, piers or wharves, and the addition of new appurtenant structures (defined as floats or ramps) is prohibited for shorefront land in all districts. Nothing in this § 139-22 shall prohibit nor regulate the repair, maintenance or like-kind replacement of any preexisting nonconforming dock, pier or wharf.
[Amended 6-5-2021 ATM by Art. 62, AG approval 10-7-2021]
C. 
In the Harbor Overlay District and for commercial water-dependent uses only, (1) new docks, piers or wharves; (2) the extension of any lawfully existing docks, piers or wharves; and (3) the addition of new appurtenant structures to any lawfully existing docks, piers or wharves are permitted uses.
[Amended 6-5-2021 ATM by Art. 62, AG approval 10-7-2021]
D. 
Any proposed extension or reconfiguration of or addition of new appurtenant structures to a preexisting nonconforming dock, pier or wharf must be reviewed and approved by the special permit granting authority in accordance with § 139-33A(1). In addition to the findings required by that section, the special permit granting authority shall find that the proposed extension, reconfiguration or addition does not result in a net increase of the structure's existing footprint and is not more detrimental to the marine environment than the existing structure. Such applications shall be referred by the special permit granting authority to the Harbor Master and the Natural Resources Department, or its successor agency, for comment and recommendation in accordance with the procedures of § 139-30.
[Amended 6-5-2021 ATM by Art. 62, AG approval 10-7-2021]
E. 
In all districts new docks, wharves and piers of municipal, county, state, or federal agencies or public docks as defined below, and/or community docks serving areas that are not accessible by land-based transportation are permitted uses. The words "public docks" as used in this section shall be defined as a dock, pier or wharf that is open to the public at large, or at which services or goods for vessels are made available directly to the public.
[Added 4-14-1997 ATM by Art. 49, AG approval 8-5-1997; amended 4-10-2000 ATM by Arts. 27, 46, AG approval 8-2-2000; 4-10-2002 ATM by Arts. 36, 41, AG approval 7-31-2002; 4-15-2003 ATM by Art. 26, AG approval 8-27-2003; 4-4-2006 ATM by Art. 43, AG approval 8-2-2006; 4-8-2008 ATM by Art. G1, AG approval 8-18-2008; 4-6-2015 ATM by Art. 67, AG approval 8-5-2015]
A. 
This Site Plan Review (SPR) Bylaw is enacted under authority of MGL c. 40A for the purposes of protecting the health, safety, convenience, and general welfare of the inhabitants of the Town of Nantucket, and to ensure compliance with this chapter. SPR is required prior to the issuance of any building or use permit, except as follows:
(1) 
The construction or alteration of any single-family or duplex dwelling, or building accessory to such dwelling, except when such dwellings are an integral part of workforce homeownership housing bonus lots or a workforce rental community application pursuant to § 139-8 of this chapter, major commercial development application pursuant to § 139-11 of this chapter, and except where such dwellings are located in the Moorlands Management District, § 139-13 of this chapter;
[Amended 11-9-2015 STM by Art. 2, AG approval 12-29-2015]
(2) 
Any building used exclusively for agriculture, horticulture, viticulture, or floriculture;
(3) 
Any change of use which does not create an intensification of use requiring site plan modification, as determined by the Zoning Enforcement Officer;
(4) 
Any construction or alteration which has no effect on the footprint of the principal building or accessory structures, and does not add parking.
B. 
The special permit granting authority or a Zoning Enforcement Officer, where a special permit is not required, shall be the SPR authority. The review authority may accept plans prepared by a professional land surveyor, registered architect, landscape architect, or designer, as appropriate. All site plans shall be prepared at a scale appropriate to the size of the site, and the level of detail required.
(1) 
The review authority may require the following information in connection with a SPR. In determining which requirements will apply to a specific application, the review authority shall consider the size and intensity of the use, and the unique circumstances of each application.
(a) 
Name of the project, locus, boundaries, North arrow, date, and scale of the plan;
(b) 
Key Map at a scale of 1" = 500', depicting the property with reference to surrounding properties, roads, and zoning district lines;
(c) 
Name and address of the owner of record, developer, and professional seal and certification of the certifying professional;
(d) 
Names and addresses of all owners of record of all abutting property owners;
(e) 
Existing lot lines, easements, and rights-of-way;
(f) 
The location, dimensions, and use of all existing and proposed structures within the site;
(g) 
Location and identification of all existing and proposed site improvements;
(h) 
General location and identity of all present and proposed utility systems;
(i) 
Erosion and sedimentation control measures;
(j) 
Existing and proposed topography at two-foot contour intervals;
(k) 
Flood Hazard (Overlay) District boundary, base flood elevation, and existing and proposed lowest floor elevation, pursuant to § 139-12A of this chapter, as applicable;
(l) 
Public Wellhead Recharge District boundary, pursuant to § 139-12B of this chapter, as applicable;
(m) 
The location of wetlands regulated pursuant to Section 136 of the Wetlands Code, as applicable (for informational purposes);
(n) 
A Zoning Table, demonstrating compliance with the dimensional and bulk requirements of this chapter;
(o) 
Abutting land uses and the location and use of structures and appurtenant improvements on abutting properties;
(p) 
Location and identification of all existing and proposed site improvements, including public and private ways, parking areas, driveways, sidewalks, ramps, curbs, including traffic directional arrows and paintstriping; fences and buffers for screening purposes; paths; outdoor lighting fixtures; walls; service areas; refuse, and other waste disposal containers; standard specifications and typical cross-sections shall be provided, as appropriate;
(q) 
A landscape plan depicting existing natural vegetation, including the identity and location of trees four inches in diameter or greater; the location, size, and type of all existing ornamental vegetation; and the location, size and type of proposed landscaping, conforming to the landscaping and buffering standards of this section;
(r) 
Building elevations and perspective drawings, as submitted or to be submitted to the Historic District Commission (for informational purposes).
(2) 
Additional requirements for major SPR in connection with a major commercial development special permit or a use permit for a project within the Nantucket Cottage Hospital Overlay District (NCHOD) where expansion of the standards established in § 139-16 is requested shall include the following information:
(a) 
Storm drainage system details, including existing and proposed stormwater drainage systems and associated storm drainage calculations;
(b) 
A traffic study, prepared by a professional engineer specializing in traffic analysis, identifying internal vehicular circulation patterns; estimated daily and peak-hour vehicle trips, generated by the existing use (if applicable), or from the proposed use of the site; the measured daily and peak-hour traffic flows, both weekday and weekend (non-holiday), measured during the period between June 15 and September 15, on public and private roads and key intersections expected to be impacted by the project; proposed composite daily and peak-hour traffic on public and private roads and key intersections; a documentation of impacts on level of service; and suggested remedial measures to mitigate the expected impacts of the proposed development.
C. 
Waiver of required contents. Any applicant for SPR may request in writing a waiver of any requirements of § 139-23B. The review authority shall document their reasons for approving or denying each waiver, and such waivers shall be approved by a majority vote except in the case of review by the ZEO.
D. 
Site plan review procedures.
(1) 
Any prospective applicant may arrange for a pre-application conference with the professional staff of each review authority. One or more coordinated review meetings including staff from other applicable Town departments may be scheduled prior to application submission for the purpose of reviewing alternative schematic plans, and to give technical feedback before the applicant makes a significant investment in the project. The prospective applicant may review schematic plans with the review authority on an informal basis.
(2) 
An applicant for a site plan review shall submit to the review authority copies of a site plan containing the information required by the review authority, together with an application form and fee prescribed by the review authority.
(3) 
Any application for which the review authority is the Zoning Enforcement Officer, shall be acted upon within 10 days, exclusive of Saturdays, Sundays, and legal holidays. Applications for which the review authority is the special permit granting authority shall be acted upon concurrently within the time frame prescribed by the Board's special permit procedures.
(4) 
The review authority may request a report from other boards, commissions, or departments. Failure of any board, commission, or department to submit such report within 15 days of the date of the request shall not be cause for denial of the application.
E. 
The review authority for SPR shall take into consideration the reasonable fulfillment of the purpose of this subsection. The special permit granting authority shall also consider the following review objectives:
(1) 
Protection of public amenities and abutting properties through the mitigation of any detrimental impacts of any proposed use;
(2) 
Protection of unique, natural, scenic, or historic features of the site, and the minimization of the obstruction of scenic views, where applicable;
(3) 
Safety and convenience of pedestrian and vehicular movement within the site, and in relation to rights-of-way and properties in proximity to the site;
(4) 
Adequacy of proposed sewage and refuse disposal, and drainage of surface and subsurface water;
(5) 
Adequacy of off-street parking and loading;
(6) 
Minimization of traffic and safety impacts upon public and private rights-of-way;
(7) 
Adequacy of Town services and infrastructure.
F. 
Performance standards. In order to receive site plan review approval, compliance with the following performance standards shall be demonstrated:
(1) 
To the extent feasible, access to the site shall be provided utilizing a common driveway or a side street.
(2) 
Driveway accesses shall be limited to the minimum width necessary for safe entering and exiting, and shall be designed to provide adequate sight distances.
(3) 
The project design shall ensure safe pedestrian and vehicular circulation within the site.
(4) 
The special permit granting authority may require that a traffic mitigation plan be submitted, which addresses the traffic impacts of a project through alternative physical layouts, staggered employee work schedules; public transit incentive programs for both employees and customers; or other innovative means of reducing traffic impacts.
(5) 
Sidewalks and/or bicycle paths may be required by the special permit granting authority.
(6) 
Parking areas shall be designed to reduce their visual impact from public and private rights-of-way.
(7) 
The special permit granting authority may, at its discretion, require enhanced landscaping features based on a determination that additional landscaping is necessary to protect abutting properties and public and private roads from incompatible development.
(8) 
All stormwater runoff from impervious surfaces shall be recharged on-site, unless, during the course of site plan review, it is determined by the review authority that recharge is infeasible or is undesirable because of risks to water quality from such recharge.
(9) 
Collection systems for stormwater runoff shall be designed for at least a twenty-five-year storm.
(10) 
The erosion and sedimentation control plan shall be designed to protect drainage systems, surface waters, public and private roads, and abutting properties from site-generated erosion and sedimentation.
(11) 
Utilities shall be installed underground where physically and environmentally feasible. Any aboveground improvements ancillary to utility services to a site shall be depicted on the plan, and shall be properly screened.
(12) 
Outdoor storage areas must be identified on the plan and details concerning the screening of the storage area from public or private roads shall be provided.
G. 
Before taking final action on a site plan, the review authority may require the applicant to make modifications to the proposed design of the project to ensure that the above-cited review objectives and performance standards have been met. The review authority shall take one of the following actions relative to the site plan:
(1) 
To approve the application, based on a finding that the proposed project as submitted or modified prior to action is in compliance with the review objectives and performance standards set forth in this section;
(2) 
To approve the application, subject to any reasonable conditions and modifications as the review authority may deem necessary to ensure conformity with the review objectives and performance standards of this section;
(3) 
To deny the application, based on finding that specific contents of the site plan are inadequate, or that the site plan is not in compliance with the review objectives or performance standards of this section. A denial of a minor site plan review shall occur only upon a determination by the review authority that the effect of the development on the public interest is so intrusive that no reasonable conditions can be developed to avoid that effect.
H. 
Administration.
(1) 
Any SPR approval shall lapse within two years of the date of issuance unless a building permit has been issued in connection therewith, or, in the case of a site plan not requiring a building permit, the commencement of site improvements. The review authority may, by majority vote of its membership, vote to extend this deadline upon receipt of a written request from the applicant demonstrating just cause for such extension.
(2) 
A certificate of occupancy shall be issued only upon a determination that the site improvements required under the site plan approval have been completed. In the event that certain improvements have not been completed, the review authority may accept a guarantee equal to 120% of the cost to complete the remaining improvements. A certificate of occupancy may be issued upon the receipt of proof submitted by the review authority acknowledging the receipt of such guarantee. The guarantee shall be released by the review authority upon notice from the Zoning Enforcement Officer that the improvements have been completed in accordance with the approved plan.
(3) 
Where the provisions of this section might conflict with any other section of this chapter, including the requirements and guidelines for major commercial developments, the more stringent provisions shall apply.
I. 
Appeals. Any appeals from the decisions of the Zoning or Planning Boards, as review authorities for site plan reviews, shall be made in accordance with MGL c. 40A.
[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; 4-14-1997 ATM by Art. 39, AG approval 8-5-1997; 4-10-2000 ATM by Art. 46, AG approval 8-2-2000; 10-10-2001 STM by Art. 4; 4-4-2006 ATM by Art. 44, AG approval 8-2-2006]
A. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A, Phased development, expired on 12-31-2008, and was removed from the Code at the direction of the Town.
B. 
Release of covenants.
[Amended 4-5-2014 ATM by Art. 68, AG approval 5-7-2014]
(1) 
Covenants executed by persons to obtain a building permit for a dwelling as their Nantucket domicile during the five-year building "cap," or subject to rate of development provisions, formerly § 139-24A, both introduced to the Zoning Bylaw by 1981 ATM Articles 13 and 14 and during the building "cap" introduced to the Zoning Bylaw by 1997 ATM Article 39, as amended and all now expired, shall be released at any time upon application to the Zoning Enforcement Officer by the current owner of the lot on which the dwelling was or was to be built.
(2) 
The Zoning Enforcement Officer, to make of record the release of a covenant pursuant to this § 139-24, shall execute, acknowledge and deliver to such owner a statement of termination of such covenant in form suitable for recording or registration. Upon the recording or registration of such statement, that covenant shall be of no further force or effect and shall cease to burden such lot.