[Amended 5-3-2011 STM by Art. 23]
Except as provided by the Zoning Act or this
bylaw, in each district no building, structure, water body or lot
shall be used or occupied except for a purpose which is authorized
by the Table of Use Regulations in the zoning district wherein the
land is located, and, if the land, building, structure or water body
is located in a Drinking Water Resource Protection District, said
land shall not be used or occupied except for a purpose permitted
in the underlying zoning district as well as the Drinking Water Resource
Protection District. Any use not listed shall be construed to be prohibited.
Personal wireless service facilities shall be exempt from the use
regulations contained in this bylaw when located on land owned by
the Town of Harwich.
[Amended 9-26-2020 ATM by Art. 22]
In the following Table of Use Regulations, the uses permitted by right in the district shall be designated by the letter (P). Those uses that may be permitted by special permit in the district, in accordance with §§ 325-51 and 325-53, shall be designated by the letter (S). Uses designated (-) shall not be permitted in the district. Any use presently listed as a permitted use in the Table of Use Regulations shall be designated as a special permit if the use proposes a structure or structures having a gross floor area of more than 7,500 square feet or 20 or more new parking spaces on the site, except that single-family, multifamily, religious and educational uses shall be exempt from this provision. Some uses listed in the table as allowed as of right (P) or on special permit (S) require a special permit under the site plan provisions of this bylaw.
The following uses are strictly prohibited in
all zoning districts:
A.
Trailers used for dwelling purposes, when occupied
on said premises.
B.
Food sales with drive-up or drive-through facilities.
C.
Airport, landing strip and helicopter pad, except
for emergency purposes.
D.
Bituminous concrete or cement mixing plants or establishments.
E.
Metal plating establishments.
F.
Chemical and bacteriological laboratories.
G.
Uses involving the storage of 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.
H.
Nonresidential uses involving the generation, storage,
treatment or disposal of hazardous materials as defined in MGL c.
21E unless such storage is above ground level, on an impervious surface,
and in an area that has a containment system designed and operated
to hold either 10% of total possible storage capacity of all containers
or 110% of the largest container's storage capacity, whichever is
larger.
I.
Use involving the storage of animal manure unless
said storage is in a manner consistent with all applicable state and
local regulations relative thereto and as determined by the Board
of Health.
J.
The commercial raising or keeping, for use or sale,
of swine or fur-bearing animals.
K.
Consistent
with M.G.L. c. 94G, § 3(a)(2), all types of nonmedical "marijuana
establishments" as defined in M.G.L. c. 94G, § 1, including marijuana
cultivators, independent testing laboratory, marijuana product manufacturers,
marijuana retailers or any other types of licensed marijuana-related
businesses, shall be prohibited within the Town of Harwich.
[Added 5-7-2018 ATM by
Art. 34]
Uses permitted by right or by special permit
shall be subject to applicable regulations set forth in this bylaw.
Uses permitted by variance from the Board, or changes or extensions
of nonconforming uses on permit from the Board, shall be required
to comply with all applicable provisions of this bylaw not specifically
and expressly varied by the Board. The grant of one form of relief
by the Board shall not constitute a finding that all other elements
of the project or proposal comply with applicable zoning bylaws.
No building designed and intended for residential
or commercial use or occupation shall be so occupied until any related
road construction or improvements have been completed in accordance
with Planning Board requirements and the Planning Board has released
the road construction covenant or other security provided to the Board
pursuant to MGL c. 41, § 81U. Notwithstanding the foregoing,
if in the opinion of the Board actual construction of the road or
road improvements has been completed in a manner sufficient to warrant
occupancy of the building or buildings while the balance of the work
is completed, the Board may so certify to the Building Official. Thereafter,
the Inspector shall not withhold a certificate of occupancy for said
building based on noncompliance with this provision.
The Table of Use Regulations is included at
the end of this bylaw. The Table of Use Regulations is divided into
paragraphs as follows:
A.
A trailer, houseboat or other boat shall not be less
than 25 feet from any street lot line and shall not be used at any
time for sleeping or living purposes.
B.
Agricultural uses consistent with MGL c. 40A, § 3
are permitted by right on lots containing a minimum of five acres.
For lots less than five acres, such agricultural uses shall be by
special permit.
C.
Animal hospitals and/or kennels and their activities,
including the keeping of animals, shall be completely enclosed in
pens or other structures.
D.
The noncommercial raising and keeping of not more
than two pigs. Pigs and/or swine shall be kept in an enclosure approved
by the Board of Health. Said enclosure shall be not less than 50 feet
from any bound, boundary line or building used for human habitation
in any residential zone, and in no case shall the keeping and raising
of pigs and/or swine be permitted on any lot containing less than
40,000 square feet.
E.
Horses are allowable provided that they meet the necessary requirements of the Board of Health. The horse(s) shall be owned by the owner/occupant of the property. There shall be no commercial use of the horse on site, including but not limited to riding lessons, except for lots greater than five acres. Horses are allowable in the Water Resource Protection District with a special permit pursuant to § 325-51C.
F.
Automotive service and repair facilities shall not
include a junkyard of any kind or open storage of unregistered vehicles.
G.
Construction industry, including suppliers, shall
store all equipment and materials within a building or buildings.
H.
The storage for resale of heating fuels includes but
is not limited to oil, coal and gas.
I.
Manufacturing is permitted per Table 1, provided that
at no time will such use result in or cause excessive dust, smoke,
smog, observable gas, fumes or odors, or other atmospheric pollution,
objectionable noise, glare, or vibration discernible beyond the property
lines of the industry, hazard of fire or explosion or other physical
hazard to any adjacent building or land, or to surface water or groundwater.
J.
Outside storage of materials and supplies displayed
for retail sales on the premises does not require screening. All other
outside storage, including storage of construction, manufacturing,
service wholesale equipment, materials, junk or heavy motorized equipment
of any type or open storage of unregistered motor vehicles, automobiles
or other vehicles shall be completely enclosed by a solid fence or
wall not less than eight feet nor more than 12 feet in height or dense
shrubbery in which, when planted, the individual plants are at least
three feet in height, with the exception of vehicular entrances and
exits not to exceed 24 feet in width. Said fence shall be set back
a minimum of 15 feet from abutting road side lines.
K.
Miscellaneous repair services shall be conducted entirely
within an enclosed building.
L.
Storage trailers shall be screened from view at the
lot frontage.
M.
Yard sales shall not exceed three such sales in any
calendar year per property.
N.
In the IL District, retail sale of products is allowed subject to the granting of a special use permit by the Planning Board. Retail sales shall be prohibited in the IL District along Main Street (North Harwich) from Depot Street west to the Dennis town line or any road off said portion of Main Street, as there are existing traffic issues with this dead-end road. In addition, a new retail use in an industrial zone will be subject to site plan review pursuant to § 325-55. The following criteria must be met for granting of the special use permit: the proposed retail establishment or component must offer a product that is allied or connected to a permitted or existing industrial use and the proposed retail establishment or component must be able to coexist with other permitted or existing industrial uses. All such uses that preexist this bylaw will be required to file for a special use permit and a site plan special permit or waiver within 12 months of the effective date of this bylaw.
O.
Any new fast-food/takeout restaurant is subject to special permit review pursuant to § 325-51 and site plan review pursuant to § 325-55. The following criteria must be met for granting of the special use permit: the proposed use will not adversely impact traffic flow and safety and the proposed use will be compatible with surrounding land uses.
[Amended 5-3-2011 STM by Art. 24]
P.
A personal wireless service facility may locate on any existing guyed tower or lattice tower, monopole, electric utility transmission tower, fire tower or any other tower without a special permit, subject to the requirements of § 325-59 and site plan approval.
Q.
A residential accessory building that contains bedrooms is subject to special permit review pursuant to § 325-51. Residential accessory buildings without bedrooms are not subject to special permit review.
[Added 5-7-2013 STM by Art. 12]
R.
(Reserved)
T.
Single-family dwelling with accessory apartment.
[Amended 5-7-2013 ATM
by Art. 12; 5-6-2019 ATM by Art.
23]
(1)
Purpose. The intent of permitting accessory apartments is to:
(a)
Increase the number of small dwelling units available for rent
in Town;
(b)
Increase the range of choice of housing accommodations;
(c)
Encourage greater diversity of the demographic population with
particular attention to young adults and senior citizens; and
[Amended 5-1-2023 ATM by Art. 37]
(d)
Encourage a more economic and energy-efficient use of the Town's
housing supply while maintaining the appearance and character of the
Town's single-family neighborhoods.
(2)
DWELLING, SINGLE-FAMILY WITH ACCESSORY APARTMENT
OWNER
Definitions.
Definitions. A single-family dwelling as a principal use,
along with a dwelling unit serving as a separate accessory apartment
that is either located within the principal dwelling, attached to
it or in a detached residential accessory building on the same lot.
The accessory apartment shall be a self-contained dwelling unit containing
a kitchen, bedroom(s) and bathroom facilities. Accessory dwellings
shall have their own separate access from the principal dwelling unit.
The accessory apartment shall be an accessory use related to the principal
single-family dwelling use.
[Added 5-1-2023 ATM by Art. 37]
One or more individuals holding title to the property.
(3)
Criteria. An accessory apartment is allowable within a single-family
dwelling, either attached or detached, provided that the following
criteria have been satisfied:
(a)
Only one accessory apartment is permitted for each principal
dwelling unit.
(b)
The accessory apartment may not be held in separate ownership
from the principal use.
(c)
Only one of the principal dwelling or accessory apartment may
be rented at any given time and if rented, shall be rented for a term
of no less than six consecutive months. Prior to the issuance of a
building permit, the owner shall submit a notarized affidavit that
states that the owner is or will be in residence in one of the units.
[Amended 5-1-2023 ATM by Art. 37]
(d)
The accessory apartment shall not exceed 1,000 square feet of
gross floor area.
[Amended 5-1-2023 ATM by Art. 37]
(e)
The accessory apartment shall have not more than two bedrooms.
(f)
At least one off-street parking space shall be provided for
the accessory apartment.[1]
[1]
Editor's Note: Former Subsection T(3)(g), which set forth
minimum lot area requirements and immediately followed this subsection,
was repealed 5-1-2023 ATM by Art. 37. Article 37 also redesignated former
Subsection T(3)(h) through (k) as Subsection T(3)(g) through (j)
(g)
The accessory apartment shall be designed so that, to the degree
reasonably feasible, the appearance of the property remains that of
a single-family property with matching materials, colors, window styles
and roof design for one structure, if the apartment is attached, or
for both structures, if the apartment is detached.
(h)
The principal dwelling unit and accessory apartment shall meet
all Board of Health wastewater treatment requirements for the combined
number of bedrooms.
[Amended 5-1-2023 ATM by Art. 37]
(i)
The proposed use shall not exceed the building or site coverage
in the applicable Zoning District.
[Amended 5-1-2023 ATM by Art. 37]
(j)
If an addition to the principal dwelling is to be constructed
for the accessory apartment, the addition shall comply all with setback
requirements in the applicable Zoning District.
[Amended 5-1-2023 ATM by Art. 37]
(k)
The Zoning Board of Appeals may grant a special permit for preexisting
nonconforming principal dwellings and residential accessory buildings
that do not comply with the setback or lot coverage requirements in
the applicable Zoning District.
[Added 5-1-2023 ATM by Art. 37]
(l)
Upon receipt of a complete building permit application for a
change or expansion of use for construction of the accessory apartment,
the Building Commissioner shall determine compliance with the criteria
listed above.
[Amended 5-1-2023 ATM by Art. 37]
(4)
If the Building Commissioner makes a determination that the owner
is not in compliance with the criteria listed above, including Criteria
T(3)(c) above, after the issuance of a certificate of occupancy, the
owner may be subject to fines for the zoning violation. In addition
to being fined, the approval of the accessory apartment may be revoked
if the owner does not correct a zoning violation within 30 days. If
the approval of the accessory apartment is revoked by the Building
Commissioner, the owner will be required to remove the improvements
that were constructed to create the accessory apartment within 90
days of said determination. The owner shall comply with all requirements
of the State Building Code in restoring the principal dwelling or
detached structure to its condition prior to the construction of the
accessory apartment.
[Amended 5-1-2023 ATM by Art. 37]
