A.
No building, structure or land shall be used for any purpose or in any manner other than as permitted as set forth in the Schedule of Use Regulations, § 164-13, and in accordance with the following notation:
B.
Permitted uses and uses allowed under Special Permit shall be in
conformity with all dimensional requirements, off-street parking requirements
and any other pertinent requirements of this chapter.
C.
Where an activity might be classified under more than one (1) of
the following uses, the more-specific classification shall determine
permissibility; if equally specific, the more-restrictive shall govern.
A.
Salvage yards, junkyards and all open-air storage of junk, waste
products and salvage materials are expressly prohibited in the town
unless owned and/or operated by the town, to include only the town
disposal area. The open-air storage of more than one (1) unregistered
motor vehicle is prohibited, except on premises used as a new or used
car sales and service business or auto body and motor vehicle repair
shop, provided that said storage shall not be deemed by the Building
Inspector to be in conflict with the other provisions of this section.
B.
The parking of more than one (1) school or other type of bus on a
lot is prohibited in the town except in the General Business and Industrial
Districts or upon school premises or during permitted functions. Onshore
commercial facilities to service or support or accommodate offshore
exploration or drilling for fossil fuels, including oil and gas storage
tanks, pipelines, warehouses or dockside heliports, airports, airstrips
and all air-support facilities whose purpose or intention or principal
business is to accommodate or service or support the onshore use of
the Town of Orleans for offshore exploration, drilling and transportation
of fossil fuels, including but not limited to oil and gas, are prohibited.
[Amended 5-10-1999 ATM, Art. 20]
C.
Adult bookstores or adult motion picture theatres or adult cabaret, as defined in Section 164-4 of this Chapter are prohibited except that such establishments are permitted under Special Permit from the Board of Appeals in the Industrial District. Within the Industrial District, any such establishment shall be at least three hundred feet from a residential zoning district.
[Added 5-9-1989 ATM, Art. 23; amended 5-10-1999 ATM, Art. 18; 5-10-1999 ATM, Art. 20]
D.
Filling Stations and/or fuel pumps, as an accessory use and/or incidental
to any other use, when used for retail purposes, are prohibited in
all zoning districts.
[Added 5-9-2005 ATM, Art. 30]
E.
Drive-in, drive-through, and similar
pickup stations servicing motorized vehicles are prohibited in the
Village Center District, and are allowed in other business districts
by special permit from the Zoning Board of Appeals under the following
conditions:
[Added 5-7-2018 ATM by
Art. 41]
[Amended 11-18-1991 STM, Art. 3]
This Bylaw shall not prohibit, regulate or restrict the use of land or structures for religious purposes or for educational purposes on land owned or leased by the Commonwealth or any of its agencies, subdivisions or bodies politic or by a religious sect or denomination, or by a nonprofit educational corporation except to the extent allowed by Massachusetts General Laws Chapter 40A, Section 3, which provides that such land or structures may be subject to reasonable regulations concerning the bulk and height of structures, determining yard sizes, lot area, setbacks, open space, parking and building coverage.
In addition to, and in furtherance of, the purposes of this Bylaw as stated in § 164-2, it is the purpose of this Bylaw:
|
to recognize the special considerations accorded institutional
activities, including without limitation educational, religious, and
municipal uses of land;
| |
|
to provide a framework for allowing institutional activities
to locate in the various districts of the Town, while protecting certain
environmentally sensitive areas from being unduly burdened by institutional
activities and maintaining in districts generally buildings of similar
scale in order that the character of the Town and its neighborhoods
be maintained and that lower-density residential uses in particular
not be adversely affected by structures for institutional uses;
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|
and further, while cognizant of institutional considerations
with respect to architecture and of institutional needs for larger
structures in some instances than would be necessary for other uses,
to be mindful of the need for public security from fire, floods and
other hazards;
| |
|
to accommodate growth of institutional activities while recognizing
the special requirements of institutional activities, such as parking,
and that as the character of institutional activities may change over
time, so will the special requirements of institutional activities;
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|
to facilitate the adequate provision of parking and open space
and other public amenities for all inhabitants of Orleans;
| |
|
to clarify the provisions of this Bylaw with respect to institutional
activities and the application of certain dimensional, parking and
other requirements to institutional uses as such requirements existed
on the date of the adoption of this provision and as they may be modified
by the adoption of this provision and hereafter;
| |
|
and to ensure the uniform regulation of the classes of buildings, structures and land in Orleans. Accordingly, this Bylaw so regulates such buildings, structures and land as provided herein, including, without limitation, pursuant to the provisions of § 164-40.2.
|
[Amended 10-23-85 STM, Art. 40; 5-13-2002 ATM, Art. 24]
The following shall be the Schedule of Use Regulations.[1]
[1]
Editor's Note: The Schedule of Use Regulations is included at the end of this chapter.
A.
The Seashore Conservancy District is intended to further preservation
of the Cape Cod National Seashore in accordance with purposes of the
Act of Congress of August 7, 1961 (75 Stat. 284,291); to prohibit
commercial and industrial uses therein; to preserve and increase the
amenities of the town; and to conserve natural conditions, wildlife
and open spaces for the education, recreation and general welfare
of the public.
B.
Permitted uses. No premises or buildings in this district may be
used except for the purposes herein stated:
(1)
Conservation of land, water, wildlife, vegetation and other natural
features and values.
(2)
Facilities deemed by the Secretary of the Interior to be necessary
on federally owned property for administration and public use and
enjoyment of the Cape Cod National Seashore, provided that, to the
extent possible within the purposes of the Act of Congress of August
7, 1961 (75 Stat. 284,292), plans for such facilities are coordinated
with the objectives and plans of the Orleans Planning Board.
(3)
Recreation related and indigenous to conservation and the natural
resources of the seashore such as hunting, fishing, swimming and boating.
(4)
Traditional fishing activities.
(5)
Moving, alteration, enlargement, maintenance or repairs of existing*
one-family residential dwellings or the erection of customary structures
which will be accessory to the existing* principal residential use,
provided that such improvements to existing* dwellings and erection
of accessory structures will afford not less than a fifty-foot setback
from all boundary lines and, further, do not alter essential character
of the dwelling as a residence. In appropriate cases, the Board of
Appeals may approve lesser setback requirements for improvements to
existing* dwellings or for the erection of accessory structures, provided
that they do not alter the residential character of the premises.
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*NOTE: "Existing" means in accordance with the requirement for
construction of improved property contained in the Act of August 7,
1961 (75 Stat. 285,290) (September 1, 1959).
|
(6)
Public utilities.
(7)
Municipal, religious and educational uses.
(8)
Detached one-family dwellings and accessory structures, provided
that no lot may be used for their construction which has a frontage
of less than one hundred fifty (150) feet on a way approved in accordance
with the Subdivision Control Law and the rules and regulations of
the Orleans Planning Board and an area of less than three (3) acres
of upland, and no dwelling or building may be located in such manner
as to provide less than a fifty-foot setback from all ways measured
at a right angle with the street line and a fifty-foot distance from
abutters' property lines, and further provided that no dwelling shall
be erected below twenty (20) feet above mean high water.
(9)
Agricultural, horticultural, floricultural and aquacultural uses.
C.
Prohibited uses. Except as provided above, there shall be in the
Seashore Conservancy District:
(1)
No burning of cover unless permitted and supervised by the Fire Chief
in accordance with MGL C. 48, §§ 41 and 42.
(2)
No filling of land, no dumping and no removal of soil, loam, sand
or gravel, except for the maintenance and protection of existing*
dwellings.
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*NOTE: "Existing" means in accordance with the requirement for
construction of improved property contained in the Act of August 7,
1961 (75 Stat. 285,290) (September 1, 1959).
|
(4)
No buildings or structures.
(5)
No commercial or industrial ventures or activities or signs.
(6)
No drainage, damming or relocation of any watercourse except by a
publicly authorized agency for the purpose of pest control.
(7)
No continuous storage of materials or equipment.
(8)
No other uses unless specifically permitted as enumerated above.
D.
Provisions relating to variances and Special Permits. Applicants
for variances and Special Permits within the Seashore Conservancy
District shall be promptly notified by the Board of Appeals that the
Secretary of the Interior is authorized to withdraw the suspension
of his authority to acquire, by condemnation, property which is made
the subject of a variance or Special Permit that, in his opinion,
fails to conform or is in any manner opposed to or inconsistent with
the purposes of the Cape Cod National Seashore. The Secretary of the
Interior shall be given notice by the Board of Appeals of all applications
or petitions made for variances and Special Permits to the bylaws
for the Seashore Conservancy District, and he shall be provided notice
by the Building Inspector of all applications for building permits
involving the Seashore Conservancy District. Said notices shall be
forwarded within seven (7) days of receipt of each application and
petition. Subsequently, to meet the requirements of the Act of Congress
of August 7, 1961, the Secretary shall be given notice by the appropriate
board or official of any variance, Special Permit or building permit
granted or denied for the area within the Seashore Conservancy District.
A.
Conservancy Districts are intended to preserve and maintain the groundwater
table on which the inhabitants depend for water supply; to protect
the purity of coastal and inland waters for the propagation of fish
and shellfish and for recreational purposes; to protect the public
health and safety; to protect persons and property from the hazards
of flood and tidal waters which may result from unsuitable development
in swamps, ponds, bogs or marshes, along watercourses or in areas
subject to floods and extreme high tides; to preserve the amenities
of the town; and to conserve natural conditions, wildlife and open
space for the education and general welfare of the public.
B.
Permitted uses. Except as provided in § 164-3C, buildings, structures and premises in Conservancy Districts may be used only for the following purposes:
(1)
Fishing and shellfishing, including the raising and cultivation of
fish and shellfish.
(2)
The growing and/or harvesting of such crops as cranberries, marsh
hay, seaweed, berries and shrub fruits and seeds.
(3)
Revetments and other types of erosion control structures.
[Amended 5-12-1992 ATM, Art. 41]
(4)
Conservation of water, plants and wildlife.
(5)
Publicly regulated utilities.
[Amended 5-6-1986 ATM, Art. 76]
(6)
Recreation, including swimming, boating, nature study, fishing and
hunting, unless otherwise prohibited by other ordinance, law or bylaw.
(7)
The following uses by Special Permit issued by the Board of Appeals,
provided that any such building or structure permitted by the Board
of Appeals shall not exceed twenty (20) feet in height and shall conform
to the setback and side line requirements of the residential area
nearest to the site on which it is to be erected:
(a)
Nonresidential buildings or structures to be used only in conjunction
with fishing, shellfishing, the growing, harvesting and storage of
crops raised on the premises and boathouses.
(b)
Dams, changes in watercourses or other drainage works, only
as part of an overall drainage plan constructed or authorized by a
public agency.
(c)
Educational and religious uses.
(d)
Fabricated walks or trails, docks, piers and landings for private
use or municipal uses.
(e)
Prior to the issuance of a Special Permit for docks, piers and/or landings for private use, the Board of Appeals, in addition to the criteria provided for in § 164-44C, must find that the following criteria have been met:
[Added 5-5-1987 ATM, Art. 50]
[1]
Construction. Permanent docks, piers or landings shall not be
permitted unless a specific navigational need can be demonstrated.
[2]
Size.
[a]
No dock, pier or landing shall exceed eighty (80)
feet in overall length, including stairs, ramps and floats, measured
from the mean high-water (MHW) line. However, the Board of Appeals
may, when considering a petition to extend a dock, pier and/or landing
which existed prior to the adoption of this section, allow the overall
length, including any such extension, to exceed eighty (80) feet.
[b]
No dock, pier, landing, stairs or ramp shall exceed
four (4) feet in width, measured outside the support structure (piling,
posts or railing).
[c]
The total area of any and all floats associated
with a dock, pier or landing shall not exceed three hundred (300)
square feet, and there shall be no floats above mean low water (MLW).
[d]
The height of the deck (walkway) shall not exceed
four (4) feet above mean high water (MHW) unless, in the interest
of preserving marsh growth, a greater height is required, in which
case, the height above the marsh shall not exceed one and five-tenths
(1.5) times the width of the deck.
[3]
Depth of water. At mean low water (MLW), there shall be, without
benefit of dredging, sufficient navigable water for the proposed vessel
at the end of the dock, pier or landing and/or float system.
[4]
Access. At all normal levels of the tide along the shore, pedestrian
passage shall be provided.
D.
Boundaries and definitions. Conservancy Districts are all land or
lands and areas in the Town of Orleans, but excluding land or areas
within the boundaries of the National Seashore:
(1)
That border on tidewater, are subject to tidal action and flooding
or flowage of coastal salt water and lay below four (4) feet above
the mean high-water mark, being further delineated as by following
a contour line of four (4) feet above the plane of mean high water
around such land or lands, marshes, salt marshes, beaches, creeks,
and including all so-called floodplains and land under water in such
areas.
(2)
That land inland or freshwater wetland or wetlands, including but
not limited to swamps, bogs, unused bogs, dry bogs, cedar swamps,
streams, brooks, ponds, lakes and beaches or banks bordering such
inland wetland areas, and also including land lying under water in
such areas, these areas being delineated by following a contour line
of two (2) feet above the plane of the mean high-water level around
such areas. All inland wetlands and waters shall be held in a state
of conservation against pollution and contamination. Congested natural
growth may be removed from areas of freshwater ponds and lakes only
with permission of the Conservation Commission upon application by
the owner of a pond or lake, presenting in detail the extent or area
of such removal, the manner of doing such work and methods that will
be used to protect the bottom of the pond or lake against damage.
Such permission will not in any way relieve the applicant from complying
with other town bylaws or the Wetlands Protection Law of the Commonwealth.
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(Note: To the extent possible, areas falling within the boundaries
defined above have been delineated upon a set of maps prepared and
dated March 1973. This set of maps will be available at the office
of the Town Clerk.)
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E.
Topographic data. If the Building Inspector is uncertain as to the exact location of any contour line bounding a Conservancy District as defined above in the preceding subsection, the submission of sufficient topographic data may be required in order to establish the precise location of said line on any lot affected thereby before issuing a building permit for any building or structure to be located thereon. If any portion of any lot existing at the time of the adoption of this subsection and meeting the requirement of § 164-23 lies within a Conservancy District, the conservancy portion shall be considered a part of the buildable lot in computing square footage requirements.
Uses, whether or not on the same parcel as activities permitted
as a matter of right, accessory to activities permitted as a matter
of right, which activities are necessary in connection with scientific
research or scientific development or related production, may be permitted
upon the issuance of a Special Permit by the Board of Appeals, provided
that the Board finds that the proposed accessory use does not substantially
derogate from the public good.
[Amended 11-18-1991 STM, Art. 2]
A.
Purpose.
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Groundwater Protection Districts are herein established to promote
the health, safety and welfare of Orleans residents by providing a
legal framework for the protection of the Town's groundwater resources.
| |
|
Orleans drinking water supply is obtained entirely from wells
tapping groundwater (an Aquifer). Because the top of this groundwater
source is relatively near the surface, it is highly susceptible to
contamination resulting from wastewater disposal, improper use or
disposal of hazardous materials such as pesticides, herbicides, salt,
fertilizers, waste oil, paint, and paint thinners, and from accidental
leaks or spills of oil, gasoline, or other hazardous materials. In
addition to water quality considerations, groundwater recharge is
necessary to provide a sufficient supply of water to meet the future
needs of Orleans residents and visitors.
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|
In order to help provide an adequate future supply of high quality
Town drinking water, the following zoning bylaw provisions are enacted
to (1) establish four Orleans Groundwater Protection Districts, and
(2) define lot requirements and regulate land uses within such Districts.
Use restrictions for each District vary as a function of the area's
sensitivity with regard to protecting public water supply.
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B.
Definitions.
1.
Aquifer: A porous water-bearing geologic formation generally restricted
to material capable of yielding an appreciable supply of water.
2.
Groundwater Protection District: One of four such areas which together
comprise the entire Town of Orleans and for which there are specified
lot requirements and use restrictions.
3.
Zone of Contribution: That portion of an aquifer which contributes
water to a well and through which contaminants are likely to move
and reach the well; it is represented on the surface by the area whose
land uses can affect the well’s water quality. Zones of Contribution
for Orleans public water supply wells have been determined by the
Cape Cod Commission in accordance with Massachusetts Department of
Environmental Protection regulations.
C.
Scope of Authority/District Delineation: 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 By-laws. Land in each Groundwater Protection District shall be subject to the requirements to this Section 164-17 as well as all other requirements of 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 5-9-2011 ATM, Art. 27]
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District 1 consists of Town Watershed Properties as delineated
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 and 2 as delineated on the above-referenced map
entitled "Zoning and Proposed Groundwater Protection Districts Map"
dated December 21, 2011.
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If a Groundwater Protection District boundary passes through
a lot which cannot be subdivided, such entire lot shall be deemed
to be within the District providing the higher level of groundwater
protection. If a Groundwater Protection District boundary passes through
a lot which may be subdivided, such lot shall be comprised of portions
of two Groundwater Protection Districts as delineated by the District
boundary; and if such a lot is subsequently subdivided, any created
lots will be treated in the same way as a lot which cannot be subdivided.
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D.
District Regulations.
1.
District 1 Allowed Uses: Only those directly
or indirectly related to the protection or production of Town drinking
water. All other uses are prohibited in District 1. Provided, however,
that wind turbines permitted under § 164-35-1 shall be an
allowed use, provided that (a) the wind turbines are approved by the
Board of Water Commissioners and the Massachusetts Department of Environmental
Protection, and (b) all or a portion of the energy produced by the
wind turbines is devoted to the production of Town drinking water.
[Amended 5-9-2005 ATM, Art. 29]
2.
District 2:
a.
Lot Requirements: All lots are required to
meet the following conditions, and a site plan showing compliance
with these conditions must be approved by the Building Inspector prior
to the commencement of any site clearing or construction:
1)
At least 30% of a lot area shall be retained in its natural
state except for minor removal of existing trees and ground vegetation.
2)
No more than 15% of a lot area may be rendered impervious unless
a system is provided for the artificial recharge of precipitation
and such system will not result in the harmful degradation of groundwater
quality. Regardless of such artificial recharge, at least 60% of a
lot area must be pervious to water.
3)
All precipitation runoff generated on a lot shall be recharged
within such lot in a manner which assures that no harmful degradation
of groundwater quality will occur.
4)
Fill material used in construction shall contain no solid waste,
toxic or hazardous materials, or hazardous waste. Prior to the use
of any fill, adequate documentation shall be provided to the Building
Inspector that establishes the acceptable chemical and biological
quality of the fill.
b.
Land Uses:
1)
Allowed: All uses permitted in the underlying
zoning districts except those specifically listed as prohibited.
2)
Prohibited:
a)
Landfills, open dumps and junkyard.
b)
Municipal and private wastewater treatment plants.
c)
Land application or storage of sludge or septage.
d)
Automobile graveyards, used car lots and auto salvage.
e)
Sales, storage or transportation of liquid petroleum products
of any kind, except those incidental to (i) normal household use,
(ii) the heating of a structure, (iii) required waste oil retention
facilities or (iv) emergency generators required by statute, rule
or regulation, provided that such storage is either in a free standing
container within a building or in a free standing container above
ground level with protection adequate to contain a spill the size
of the container's total storage capacity.
f)
Storage of pesticides, herbicides, fertilizers and soil conditioners
except for normal household use or for use in agriculture, horticulture,
floriculture or viticulture on parcels of land of more than five (5)
acres, provided storage is within a structure designed to prevent
the generation and escape of contaminated runoff or leachate.
g)
The use, generation, storage, treatment or disposal of toxic
or hazardous materials or wastes in quantities greater than those
associated with normal household use.
h)
Storage of sodium chloride, calcium chloride, chemically treated
abrasive or other chemicals for the purpose of snow or ice removal
from roads, or the stockpiling and disposal of snow or ice containing
these substances.
i)
Car washes, commercial laundries, dry cleaning facilities and
metal plating establishments.
j)
Boat or motor vehicle service or repair establishments.
k)
Sewage disposal systems with a wastewater flow (as determined
by Title V of the State Environmental Code) exceeding 110 gallons
per day per 10,000 square feet of lot area, or exceeding 15,000 gallons
per day regardless of lot size.
l)
Chemical and biological laboratories.
m)
Any use which involves on-site disposal of process wastes from
operations other than personal hygiene and food for residents, patrons
and employees.
n)
Animal feedlots or the stockpiling of animal manures, except
in a structure with an impermeable cover and liner designed to prevent
the generation and escape of contaminated runoff or leachate.
o)
Except for excavations for the construction of building foundations
or the installation of utility works, the removal of soil, Ioam, sand,
gravel or any mineral substances within four feet of the historical
high groundwater level, as determined by the Board of Health, unless
the substances removed are within 45 days redeposited on site to achieve
a final grading greater than four feet above the historical high groundwater
level.
p)
Commercial or recreational uses that require the wholesale removal
of natural vegetation or the application of fertilizers, herbicides
or other chemicals in excess of normal household use.
E.
Special Permits
1.
Criteria: Uses or reductions in lot requirements which require a Special Permit under § 164-17D, if consistent with this §§ 164-17E and 164-44 in all other respects, may be granted by the Board of Appeals, only after it has given due consideration to any comments received from other Town agencies as specified in § 164-17E(2). In granting a Special Permit, the Board of Appeals must determine that the benefits outweigh the adverse effects. This determination shall be based on consideration of at least the following:
2.
Procedure: Upon receipt of a Special Permit
application which has also been filed with the Town Clerk, the Board
of Appeals shall transmit one copy each to the Water Superintendent,
Board of Health, Planning Board and Conservation Commission for their
written comments. Failure to respond in writing within thirty days
shall indicate approval by said agencies. The necessary number of
copies of the application shall be furnished by the applicant.
3.
Submittals: In applying for a Special Permit
under this Section, the following information shall be submitted:
a.
Complete description of the proposed Special Permit use or requested
reduction in lot requirements.
b.
Where applicable, one or more of the following:
1)
Complete list of all chemicals, pesticides, fuels and other
toxic or hazardous materials including an estimate of quantities to
be used or stored on the premises in amounts greater than those associated
with normal household use, accompanied by a description of measures
proposed to protect such materials from vandalism, corrosion and leakage,
and to provide for control of spills.
2)
For storage of toxic or hazardous materials, evidence of qualified
professional supervision of system design and installation and a plan
for leak monitoring and containment during system use.
3)
Description of toxic or hazardous wastes to be generated, indicating
quantities and storage and disposal methods.
4)
Evidence of approval by the Massachusetts Department of Environmental
Protection or successor agency of any industrial waste treatment or
disposal system or any wastewater treatment system over 15,000 gallons
per day capacity.
5)
Analysis by a professional sanitary or civil engineer registered in the Commonwealth of Massachusetts certifying compliance with the applicable portions of § 164-17.
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TABLE I
SCHEDULE OF USE REGULATIONS
|
|---|
|
ORLEANS GROUNDWATER PROTECTION DISTRICTS
|
|
(Consult text of § 164-17D for details)
[Amended 5-9-2005 ATM, Art. 29] |
|
District
| ||||||
|---|---|---|---|---|---|---|
|
Land Use
|
#1
|
#2
|
#3
|
#4
| ||
|
1.
|
Landfills, open dumps & junkyard
|
O
|
O
|
O
|
P
| |
|
2.
|
Wastewater treatment:
| |||||
|
a.
|
Muni plant + on-site disposal of secondary-treated effluent:
|
O
|
O
|
O
|
P
| |
|
b.
|
All other wastewater treatment plants:
|
O
|
O
|
P
|
P
| |
|
3.
|
Land application or storage of sludge or septage:
|
O
|
O
|
P
|
P
| |
|
4. Automobile graveyards, used car lots & auto salvage:
|
O
|
O
|
P
|
P
| ||
|
5.
|
Petroleum/gasoline sales/storage/ transport:
|
O*
|
O
|
A
|
P
| |
|
6.
|
Non-household storage of pesticides/herbicides/ fertilizers/etc:
| |||||
|
a.
|
Minor activity:
|
O
|
O
|
P
|
P
| |
|
b.
|
Principal activity:
|
O
|
O
|
O
|
P
| |
|
7.
|
Non-household use/generation/ storage/disposal of hazardous
materials:
| |||||
|
a.
|
Minor activity:
|
O*
|
O
|
A
|
P
| |
|
b.
|
Principal activity:
|
O*
|
O
|
O
|
P
| |
|
8.
|
Road salt storage:
|
O
|
O
|
O
|
P
| |
|
9.
|
Car washes, laundries, dry cleaning & metal plating facilities:
|
O
|
O
|
O
|
P
| |
|
10.
|
Boat/motor vehicle service/repair:
|
O
|
O
|
O
|
P
| |
|
11.
|
Sewage flow greater than 110 gpd per 10,000 sq. ft:
| |||||
|
a.
|
Single-family home:
|
O
|
O
|
P
|
P
| |
|
b.
|
All other structures:
|
O
|
O
|
A
|
P
| |
|
12.
|
Chemical and biological laboratories:
|
O
|
O
|
O
|
P
| |
|
13.
|
Process waste disposal:
|
O
|
O
|
A
|
P
| |
|
14.
|
Animal feedlots/manure stockpiling:
|
O
|
0
|
P
|
P
| |
|
15.
|
Surface soil removal:
|
O
|
O
|
P
|
P
| |
|
16.
|
Certain commercial/recreational uses:
|
O
|
O
|
P
|
P
| |
|
17.
|
Commercial and Non-Commercial Wind Energy Facilities
|
A**
|
A
|
A
|
A
| |
|
18.
|
All other uses:
|
O*
|
P
|
P
|
P
| |
|
NOTES:
| |
|---|---|
|
P = Allowed use, subject to any applicable restrictions for
underlying zoning districts.
| |
|
A = Special Permit use, subject to any applicable restrictions
for the underlying zoning districts.
| |
|
O = Prohibited use.
| |
|
* = Except for uses directly or indirectly related to the protection
or production of Town drinking water.
| |
|
** = Special Permit Use, subject to any applicable restrictions for the underlying zoning district and subject to the provisions of § 164-35.1 and to the provisions of § 164.17.D1.
| |
A.
To protect use of shoreline areas, a Shoreline District is hereby
created covering areas so designated on the Zoning Map by Town Meeting
vote. Such Shoreline District shall be considered to be superimposed
over any other districts established in this chapter. Land in the
Shoreline District shall be subject to the requirements of this section
in addition to those applicable to the underlying zoning districts.
B.
Use regulations. Uses shall be authorized only if they are allowed
in the underlying district and they also meet the following:
(1)
To be allowed without necessity of a Special Permit, a use must meet
all of the following:
(a)
Be functionally dependent upon water body access, for example,
a marina or aquaculture, or be unequivocably oriented to and substantially
benefitting from water body access or visibility, such as a motel
or restaurant designed to take advantage of waterfront views.
(b)
Provide opportunity for pedestrian access to the water side
of any buildings.
(c)
Cover less than ten percent (10%) of the lot area with buildings.
(d)
Place no building, parking area or disposal facility within
one hundred (100) feet of mean high water unless functionally dependent
upon the closer proximity.
(2)
All other uses require a Special Permit from the Board of Appeals.
Such permit shall be granted only if the Board of Appeals makes the
following determinations:
(a)
The proposal takes good advantage of the unique qualities of
that location, including proximity to a water body.
(b)
Pedestrian access to the water and water visibility are reasonably
provided for, unless precluded by safety or similar concerns arising
from the nature of the use.
(c)
Shoreline ecology is carefully protected through location of
proposed alterations and any compensatory or mitigating measures proposed.
(d)
Every reasonable effort has been made to provide for visibility
of the shoreline and water from public ways and nearby developed properties
and to avoid visual dominacy by man-made features as viewed from the
water body or opposite shorelines.
C.
Design regulations.
(1)
Storm drainage. All surface runoff from parking and service areas
shall be collected and either recharged or have its impurities removed
through oil skimmers, suspended solids settlement or other necessary
means before discharge to surface waters.
(2)
Visibility. Shoreline visibility shall be promoted through orientation
of the long dimension of any building or group of buildings so as
to approximately parallel potential sight lines to the shoreline from
public ways and by maintaining as a view corridor at least one-third
(1/3) of the width of the lot measured perpendicular to those sight
lines.
[Amended 5-6-1986 ATM, Art. 83; 5-13-2002 ATM, Art. 31; 5-12-2014 ATM, Art. 27]]
The following requirements apply in the Floodplain District:
A.
Purpose. The purposes of the Floodplain
District are to:
1.
Ensure public safety through reducing the threats to life and personal
injury;
2.
Eliminate new hazards to emergency response officials;
3.
Prevent the occurrence of public emergencies resulting from water
quality contamination, and pollution due to flooding;
4.
Avoid the loss of utility services which if damaged by flooding would
disrupt or shut down the utility network and impact regions of the
community beyond the site of flooding;
5.
Eliminate costs associated with the response and cleanup of flooding
conditions;
6.
Reduce damage to public and private property resulting from flooding
waters.
B.
Floodplain District Boundaries. The Floodplain District includes
all special flood hazard areas within the Town of Orleans designated
as Zone A, AE, AH, AO 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 exact boundaries of the District shall be defined by the 1% chance
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 5-9-2022 ATM by Art. 71]
C.
Floodplain
District definitions.
[Added 5-9-2022 ATM by Art. 71[1]]
|
The terms below only apply to the Floodplain District:
| |||
|
DEVELOPMENT — Any man-made change to improved or unimproved
real estate, including but not limited to building or other structures,
mining, dredging, filling, grading, paving, excavation or drilling
operations or storage of equipment or materials. [44 CFR Part 59].
| |||
|
FLOODWAY — The channel of the river, creek or other watercourse
and the adjacent land areas that must be reserved in order to discharge
the base flood without cumulatively increasing the water surface elevation
more than a designated height. [Base Code, Chapter 2, Section 202].
| |||
|
FUNCTIONALLY DEPENDENT USE — A use which cannot perform
its intended purpose unless it is located or carried out in close
proximity to water. The term includes only docking facilities, port
facilities that are necessary for the loading and unloading of cargo
or passengers, and ship building and ship repair facilities, but does
not include long-term storage or related manufacturing facilities.
[44 CFR Part 59] Also [Referenced Standard ASCE 24-14]
| |||
|
HIGHEST ADJACENT GRADE — The highest natural elevation
of the ground surface prior to construction next to the proposed walls
of a structure. [44 CFR Part 59].
| |||
|
HISTORIC STRUCTURE — Any structure that is:
| |||
|
(a)
|
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
| ||
|
(b)
|
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
| ||
|
(c)
|
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
| ||
|
(d)
|
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
| ||
|
(1)
|
By an approved state program as determined by the Secretary
of the Interior; or
| ||
|
(2)
|
Directly by the Secretary of the Interior in states without
approved programs. [44 CFR Part 59]
| ||
|
NEW CONSTRUCTION — Structures for which the start of construction
commenced on or after the effective date of the first floodplain management
code, regulation, ordinance, or standard adopted by the authority
having jurisdiction, including any subsequent improvements to such
structures. New construction includes work determined to be substantial
improvement. [Referenced Standard ASCE 24-14]
| |||
|
RECREATIONAL VEHICLE — A vehicle which is:
| |||
|
(a)
|
Built on a single chassis;
| ||
|
(b)
|
Four hundred square feet or less when measured at the largest
horizontal projection;
| ||
|
(c)
|
Designed to be self-propelled or permanently towable by a light
duty truck; and
| ||
|
(d)
|
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use. [44 CFR Part 59]
| ||
|
REGULATORY FLOODWAY — See "floodway."
| |||
|
SPECIAL FLOOD HAZARD AREA — The land area subject to flood
hazards and shown on a Flood Insurance Rate Map or other flood hazard
map as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE or V1-30. [Base
Code, Chapter 2, Section 202]
| |||
|
START OF CONSTRUCTION — The date of issuance for new construction
and substantial improvements to existing structures, provided the
actual start of construction, repair, reconstruction, rehabilitation,
addition, placement or other improvement is within 180 days after
the date of issuance. The actual start of construction means the first
placement of permanent construction of a building (including a manufactured
home) on a site, such as the pouring of a slab or footings, installation
of pilings or construction of columns.
| |||
|
Permanent construction does not include land preparation (such
as clearing, excavation, grading or filling), the installation of
streets or walkways, excavation for a basement, footings, piers or
foundations, the erection of temporary forms or the installation of
accessory buildings such as garages or sheds not occupied as dwelling
units or not part of the main building. For a substantial improvement,
the actual "start of construction" means the first alteration of any
wall, ceiling, floor or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
[Base Code, Chapter 2, Section 202]
| |||
|
STRUCTURE — For floodplain management purposes, a walled
and roofed building, including a gas or liquid storage tank, that
is principally above ground, as well as a manufactured home. [44 CFR
Part 59]
| |||
|
SUBSTANTIAL REPAIR OF A FOUNDATION — When work to repair
or replace a foundation results in the repair or replacement of a
portion of the foundation with a perimeter along the base of the foundation
that equals or exceeds 50% of the perimeter of the base of the foundation
measured in linear feet, or repair or replacement of 50% of the piles,
columns or piers of a pile, column or pier supported foundation, the
building official shall determine it to be substantial repair of a
foundation. Applications determined by the building official to constitute
substantial repair of a foundation shall require all existing portions
of the entire building or structure to meet the requirements of 780
CMR. [As amended by MA in 9th Edition BC].
| |||
|
VARIANCE — A grant of relief by a community from the terms
of a floodplain management regulation. [44 CFR Part 59]
| |||
|
VIOLATION — The failure of a structure or other development
to be fully compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
§ 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or
(e)(5) is presumed to be in violation until such time as that documentation
is provided. [44 CFR Part 59]
| |||
D.
Base Flood Elevation Data.
a.
Base flood elevation data are required for subdivision or other developments
greater than fifty (50) lots or five (5) acres, whichever is the lesser,
within unnumbered A zones.
b.
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.
c.
In Zones
A1-30 and AE, along watercourses that have a regulatory floodway designated
on the Town’s FIRM encroachments are prohibited in the regulatory
floodway which would result in any increase in flood levels within
the community during the occurrence of the base flood discharge.
[Added 5-9-2022 ATM by Art. 71]
E.
Notification of watercourse alteration. The Town 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
| |
|
99 High Street, 6th Floor
| ||
|
Boston, MA 02110
|
F.
Requirement
to submit new technical data. If the Town acquires data that changes
the base flood elevation in the FEMA mapped special flood hazard areas,
the Town will, within 6 months, notify FEMA of these changes by submitting
the technical or scientific data that supports the change(s). Notification
shall be submitted to:
FEMA Region I Risk Analysis Branch Chief
99 High St., 6th floor, Boston, MA 02110
And copy of notification to:
Massachusetts NFIP State Coordinator
MA Dept. of Conservation & Recreation, 251 Causeway Street,
Boston, MA 02114
[Added 5-9-2022 ATM by Art. 71[2]]
G.
Variances
to local Zoning Bylaws related to community compliance with the National
Flood Insurance Program (NFIP).
[Added 5-9-2022 ATM by Art. 71]
(1)
A variance from these floodplain bylaws must meet the requirements
set out by State law, and may only be granted if: 1) Good and sufficient
cause and exceptional non-financial hardship exist; 2) the variance
will not result in additional threats to public safety, extraordinary
public expense, or fraud or victimization of the public; and 3) the
variance is the minimum action necessary to afford relief.
(2)
Variances to building code requirements.
(a)
Variances to floodplain development regulations shall only be
issued upon (i) a showing of good and sufficient cause, (ii) a determination
that failure to grant the variance would result in exceptional hardship
to the applicant, and (iii) a determination that the granting of a
variance will not result in increased flood heights, additional threats
to public safety, extraordinary public expense, create nuisances,
cause fraud on or victimization of the public, or conflict with existing
local laws or ordinances.
(b)
A written justification for the variance will be maintained
in the Town's building permit files, delineating the technical reason
for the variance, and stating that the variance is the minimum necessary
(considering the flood hazard) to afford relief. The Town/City shall
also issue a letter to the property owner regarding potential impacts
to the annual premiums for the flood insurance policy covering that
property, in writing over the signature of a community official that
(i) the issuance of a variance to construct a structure below the
base flood level will result in increased premium rates for flood
insurance up to amounts as high as $25 for $100 of insurance coverage
and (ii) such construction below the base flood level increases risks
to life and property.
(3)
Such notification shall be maintained with the record of all variance
actions for the referenced development in the floodplain overlay district.
H.
Permits
are required for all proposed development in the Floodplain Overlay
District. The Town of Orleans requires a permit for all proposed construction
or other development in the floodplain overlay district, including
new construction or changes to existing buildings, placement of manufactured
homes, placement of agricultural facilities, fences, sheds, storage
facilities or drilling, mining, paving and any other development that
might increase flooding or adversely impact flood risks to other properties.
[Added 5-9-2022 ATM by Art. 71]
I.
Assure
that all necessary permits are obtained. The Town's permit review
process includes the requirement that the applicant obtain all local,
state and federal permits that will be necessary in order to carry
out the proposed development in the floodplain overlay district. The
proponent must acquire all necessary permits, and must submit the
completed checklist demonstrating that all necessary permits have
been acquired.
[Added 5-9-2022 ATM by Art. 71]
J.
Reference to existing regulations. The Floodplain District is established as an overlay to all other districts. All development in the district, including structural and non-structural activities, whether permitted by right or by special permit must be in compliance with Chapter 131, section 40 of the Massachusetts General Laws and 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 Restrictions, DEP (currently 310 CMR 13.00);
| |
|
•
|
Coastal Wetlands Restriction, DEP (currently 310 CMR 12.00);
| |
|
•
|
Minimum Requirements for the 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.
|
K.
Other use regulations.
1.
Man-made alteration of sand dunes within Zone VE which would increase
potential flood damage is prohibited.
2.
All subdivision proposals shall be reviewed to assure that: a) such
proposals minimize flood damage; b) all public utilities and facilities
are located and constructed to minimize or eliminate flood damage;
and c) adequate drainage is provided to reduce exposure to flood hazards.
L.
Unnumbered A Zones. In A Zones, in the absence of FEMA BFE data and
floodway data, the Building Department will obtain, review and reasonably
utilize base flood elevation and floodway data available from a federal,
state, or other source as criteria for requiring new construction,
substantial improvements, or other development in Zone A as the basis
for elevating residential structures to or above base flood level,
for floodproofing or elevating nonresidential structures to or above
base flood level, and for prohibiting encroachments in floodways.
[Amended 5-9-2022 ATM by Art. 71]
M.
Zone VE.
(1)
No building shall be erected within areas designated as coastal high
hazard areas (Zone VE), since these areas are extremely hazardous
due to high velocity waters from tidal surges and hurricane wave wash.
(2)
All new construction within the VE Zones shall be located landward
of the reach of mean high tide.
(3)
(Reserved)
(4)
(Reserved)
N.
AO and AH zones drainage requirements. Within Zones AO and AH on
the FIRM, adequate drainage paths must be provided around structures
on slopes, to guide floodwaters around and away from proposed structures.
[Added 5-9-2022 ATM by
Art. 71]
O.
Recreational vehicles. In A1-30, AH, AE Zones, V1-30, VE, and V Zones,
all recreational vehicles to be placed on a site must be elevated
and anchored in accordance with the zone's regulations for foundation
and elevation requirements or be on the site for less than 180 consecutive
days or be fully licensed and highway ready.
[Added 5-9-2022 ATM by
Art. 71]
P.
Abrogation and greater restriction section. The floodplain management
regulations found in this Floodplain Overlay District section shall
take precedence over any less restrictive conflicting local laws,
ordinances or codes.
[Added 5-9-2022 ATM by
Art. 71]
Q.
Disclaimer of liability. The degree of flood protection required
by this bylaw [ordinance] is considered reasonable but does not imply
total flood protection.
[Added 5-9-2022 ATM by
Art. 71]
R.
Designation of community floodplain administrator. The Town of Orleans
hereby designates the position of Building Commissioner to be the
official floodplain administrator for the Town.
[Added 5-9-2022 ATM by
Art. 71]
[Amended 5-8-1989 ATM, Art. 14; 5-13-2002 ATM, Art. 24; 5-7-2007 ATM, Art. 23]
Within the Village Center District, the following use and dimensional limitations shall apply, regardless of the provisions of § 164-13, Schedule of Use Regulations:
A.
Auto/pedestrian conflict. No use shall have a drive-in, drive-through,
fuel pumps, or other facility servicing autos.
B.
Fast food restaurants: Fast food restaurants are prohibited in the
Village Center District.
C.
Building transparency. For nonresidential buildings, at least one-third
(1/3) of the area of the first-floor facade facing the street shall
permit visibility of the building interior or window displays, unless
exempted on Special Permit from the Board of Appeals, upon the Board's
determination that an alternative means of maintaining pedestrian
visual interest will be provided.
D.
Sidewalks and planting areas. Sidewalks and planting areas shall
be provided on all street frontages upon construction of a new principal
building or additions or alterations resulting in an increase of fifty
percent (50%) or more in required off-street parking, except as exempted
on Special Permit by the Board of Appeals, upon the Board's determination
that topography or other specific site conditions would preclude sidewalk
usefulness. Such sidewalks shall be constructed of granolithic concrete,
bituminous concrete, brick or other material providing all-weather
pedestrian service, found to be comparable by the Site Plan Evaluation
Board, if having jurisdiction, or by the Building Inspector in other
cases. The sidewalk shall be located so as to connect with any adjacent
sidewalks, preserve existing trees and provide as close to four (4)
feet as feasible of planting space between it and the traveled way.
The planting space shall be provided with topsoil and plantings.
E.
Third Floor Housing. The purpose
of this subsection is to allow increased building height in the Village
Center District for the development of accessory dwelling units within
commercial buildings. Up to four (4) dwelling units shall be allowed
on lots when a portion of the units are located on the third floor
of a commercial building. The following shall apply:
1.
The vertical distance from the average undisturbed natural grade
at the foundation on the street side of the building to the mean height
between the bottom of the eave and the highest point of each ridge
on a pitched roof shall not exceed 30 feet. In no instance shall the
height to the top of the ridge exceed 42 feet.
2.
Roof pitch. In accordance with this subsection, the roof must have
a pitch greater than or equal to 8/12 (rise of eight for every twelve
inch run). Flat roofs are prohibited under this section. No utility
equipment may be placed on the roof other than that for solar collection.
3.
Finished space on the third floor of the structure shall be used
for residential purposes and in no case shall it be used for commercial
purposes other than storage of goods.
4.
Gabled and eyebrow dormers are permitted but the face of the dormer
shall be set back at least 2 feet from the eave.
7.
Where detached residential dwellings exist or are proposed on a lot,
this third floor housing provision shall not be applicable for further
development, unless authorized by the Zoning Board of Appeals through
the issuance of a Special Permit.
[Added 5-12-1998 ATM, Art. 32]
The purpose of the RAH District is to provide affordable housing
for the inhabitants of the Town of Orleans. It is an overlay district
which preserves the underlying zoning of the area covered by the RAH
District and is intended to permit all uses currently permitted in
the underlying zone subject to the applicable area height and bulk
regulations for that district.
No. 1 - Permitted Uses. The following uses are permitted in
the RAH District:
A.
Affordable detached single family residential dwellings subject to
the special bulk regulations contained herein. For the purpose of
this Section the term "affordable" shall mean dwellings sold or leased
by a nonprofit corporation, a governmental agency, and/or a limited
dividend corporation which meets the requirements of Massachusetts
General Laws chapter 40B, provided the principal purpose of said entity
is to provide housing to eligible tenants and/or buyers.
B.
Any other use currently allowed in the underlying district subject
to the applicable lot, yard and bulk requirements.
|
Schedule of lot, yard and bulk Requirements for Affordable Housing
| |
|
The following shall be the lot, yard and bulk requirements for
Affordable Housing in the RAH District.1
|
|
Minimum Yard Dimensions
(feet)
| |||||||
|---|---|---|---|---|---|---|---|
|
RAH District
|
Minimum Lot Size
(square feet)1
|
Minimum Frontage
(feet)
|
Front
|
Side
|
Rear
|
Maximum Building Height
(feet)
| |
|
17,0002,3
|
704
|
20
|
20
|
20
|
30
| ||
|
1 Unless specifically provided for
in the RAH District, all applicable lot, yard, and bulk requirements
provided for in this bylaw for the underlying Residential District
shall apply.
| |
|
2 The maximum number of lots created
in the RAH District shall not exceed twelve (12).
| |
|
3 Lot area may be reduced to 10,000 square feet upon the approval by the Planning Board of an Open Space Residential Development under Section 164-40.1. Provided however, the total number of lots in any such Open Space Residential Development shall not exceed twelve (12).
[Amended 5-9-2005 ATM, Art. 32] | |
|
4 Lots may be created having a frontage
of thirty (30) feet of arc frontage on a dead-end turnaround."
|
