To accomplish the purposes of this chapter, the town is divided
into districts which will best preserve their general character as
follows:
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Residential Districts
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Residence District R
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Business Districts
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Rural Business District RB
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Limited Business District LB
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General Business District GB
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Industrial District I
[Amended 5-10-1999 ATM, Art. 20] | ||
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Marine Business District MB
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Village Center District VC
[Added 10-23-1985 STM, Art. 40] | ||
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Other districts
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Conservancy District CD
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Seashore Conservancy District SC (See § 164-14.)
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Overlay districts
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Water Resource District WR (See § 164-17.)
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Shoreline District S (See § 164-18.)
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Floodplain District F (See § 164-19.)
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Residence District RAH
[Added 5-12-1998 ATM, Art. 32] | ||
A.
These districts are located and bounded as shown on a map entitled
"Zoning Map of Orleans, Massachusetts," dated March 11, 1963, as amended
and on file in the office of the Town Clerk. This map, with all explanatory
matter thereon, is hereby made a part of this chapter.
[Map amended 5-8-2000 ATM, Art. 20; 5-7-2001 ATM, Art. 35;
12-3-2001 STM, Art. 17; 5-13-2002 ATM, Art. 23; 5-13-2002 ATM, Art.
24; 5-12-2003 ATM, Art. 21; 5-9-2005 ATM, Art. 31; 5-13-2008 ATM,
Art. 22]
B.
Overlay districts.
(1)
Groundwater Protection Districts. The Town of Orleans is hereby divided into three Groundwater Protection Districts which shall be considered to be superimposed over any other districts established by the Town Zoning Bylaws. Land in each Groundwater Protection District shall be subject to the requirements of this Section 164-17 as well as all other requirements of the Town By-laws which apply to the underlying zoning districts. A map entitled "Zoning and Proposed Groundwater Protection Districts Map" dated December 21, 2011 showing the locations of the three Groundwater Protection Districts is on file for public reference in the offices of the Town Clerk, Town Planner and Water Department. The three Groundwater Protection Districts are defined as follows:
[Amended 11-18-1991 STM, Art. 2; 5-9-2011 ATM, Art. 27]
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District 1 consists of Town Watershed properties as shown on
the above referenced map entitled "Zoning and Proposed Groundwater
Protection Districts Map" dated December 21, 2011. District 1 includes
those properties shown as parcels 54-1, 68-5, 68-7, 75-119, 81-5,
81-9, 81-10, and 87-5 on the Town of Orleans Assessor's maps as of
December 31, 2010.
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District 2 consists of all land located in the Zones of Contribution
for Town public water supply wells as determined by the Cape Cod Commission
in accordance with Massachusetts Department of Environmental Protection
regulations, except those portions of the Zones located within District
1, as delineated on the above-referenced map entitled "Zoning and
Proposed Groundwater Protection Districts Map" dated December 21,
2011.
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District 3 consists of all the areas of the Town except those
within Districts 1 or 2, as delineated on the above-referenced map
entitled "Zoning and Proposed Groundwater Protection Districts Map"
dated December 21, 2011.
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(2)
Shoreline District. A Shoreline District is hereby created as an overlay district covering areas so designated on the Zoning Map. See § 164-18 for requirements.
(3)
Floodplain District.
(a)
The Floodplain District is herein established, effective November 28, 1985, as an overlay district. The underlying permitted uses are allowed, provided that they meet the additional requirements of § 164-19, as well as those of the Massachusetts State Building Code dealing with construction in floodplains and coastal high hazards.
(b)
The Floodplain District includes all special flood hazard areas
within the Town of Orleans designated as Zone A, AE, or VE on the
Barnstable 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 Barnstable County FIRM
that are wholly or partially within the Town of Orleans are panel
numbers 250001C0417I, 250001C0419I, 250001C0429I, 250001C0436I, 250001C0437I,
250001C0438I, 250001C0439I, 250001C0441I, 250001C0443I, 250001C0607I,
250001C0626I, 250001C0627I and 250001C0631I, effective date July 16,
2014. The exact boundaries of the District may be defined by the 100-year
base flood elevations shown on the FIRM and further defined by the
Barnstable County Flood Insurance Study (FIS) report, effective date
July 16, 2014. The FIRM and FIS report are incorporated herein by
reference and are on file with the Town Clerk, Planning Department,
Conservation Commission and the Building Department.
[Amended 5-12-1992 ATM, Art. 38; 5-12-2014 ATM, Art. 27]
Except when labeled to the contrary, boundary or dimension lines
shown approximately following or terminating at street, railroad or
utility easement centers or layout lines, boundary or lot lines or
the channel of a stream shall be construed to be actually at those
lines; when shown approximately parallel, perpendicular or radial
to such lines, they shall be construed to be actually parallel, perpendicular
or radial thereto; and when appearing to follow tidal shoreline, they
shall coincide with the mean high-water line. When not locatable in
any other way, boundaries shall be determined by scale from the map.
When a district boundary line divides any lot in one (1) ownership
of record at the time such line is adopted, a use that is permitted
on one (1) portion of the lot may be extended into the other portion,
provided that the first portion includes the required frontage, and
provided that a Special Permit is granted by the Board of Appeals.
Lots located in part in another municipality shall be regulated
as to the portion located in Orleans as if entirety within Orleans.
