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;
| |
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;
| |
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.
|
*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).
|
*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).
|
(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.)
|
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.
| |
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.
|
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.
| |
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.
| |
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.
| |
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.
|
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.
|
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]
|
•
|
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
|
•
|
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.
|
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."
|