Town of Orleans, MA Special Regulations

No topsoil, gravel, loam or stone in the town may be removed to be transported outside the Town of Orleans except, from an established pit, stockpile or surplus, unless authorized by a Special Permit from the Board of Appeals.

No topsoil, subsoil, gravel, loam, sand, stone or other earth in the town may be removed to be transported either outside the town or from place to place within the Town of Orleans, nor may any land be filled, unless the entire area of such removal or filling shall be graded and replanted with soil-improving plants, with a permanent cover crop or by reforestation so that any scars resulting from such removal shall not remain unplanted for a period of longer than six (6) months, with the exception of the town disposal area.

Any fill material added to land within the Town must be clean, and free of hazardous materials. The filling must be completed within six (6) months of commencement, and any new filling of land on the same parcel shall not be commenced for a period of two (2) years from the time of completion of the original filling activity.

Removal or filling of top soil, gravel, loam, sand or stone which exceeds 2,000 cubic yards in volume shall require the granting of a special permit from the Zoning Board of Appeals. In reviewing a special permit application, the Board shall require the following:

A professionally prepared, stamped plan shall be submitted showing existing and proposed topography, elevation of seasonal high groundwater, quantities of material to be removed or filled, proposed drainage, and a replanting plan. A schedule of proposed activities must be provided.

No excavation may be closer than 10 feet to the seasonal high groundwater table.

No special permit shall be issued for more than three years.

Proposed methods to control noise and dust. Hours of operation shall be limited to between 7:00 a.m. and 5:00 p.m.

Filling with debris, stumps, or hazardous materials is prohibited.

§ 164-25 Tidewater marshland areas.

The removing, filling, dredging, excavating, obstructing or otherwise altering of tidewater marshland areas or inland wetland areas and areas of exposed groundwater table in the town shall be prohibited unless authorized by a Special Permit from the Board of Appeals. The Board shall establish such rules, regulations and standards consistent with state or federal law as may be necessary to establish the basis upon which permits shall be granted under authority of this section.

§ 164-26 Motels.

The following provisions shall apply to the design and use of hotels, motels or motor inns wherever provided for in this chapter and wherever the words "motel" or "motels" appear, it shall apply equally to hotels, inns, motels and other accommodations for tourists and guests.

For each lot upon which a motel is to be erected, there shall be a minimum frontage of two hundred (200) feet and a minimum of three thousand (3,000) square feet of contiguous buildable upland lot area for each of the first ten (10) motel units. For each motel unit in excess of ten (10) motel units, there shall be provided an additional two thousand (2,000) square feet of contiguous buildable upland lot area.

[Amended 5-13-2002 ATM, Art. 26]

No motel or addition to a motel shall be erected or placed on a lot which will result in the covering by all buildings of more than twenty-five percent (25%) of the lot.

For each lot upon which a motel is erected, there shall be provided a front yard or setback distance of not less than fifty (50) feet, a side yard on each side of not less than twenty-five (25) feet and a rear yard of not less than twenty-five (25) feet. No other uses are permitted in these yard areas except that of a driveway in the front or side yard, provided that said driveway is not within five (5) feet of the property side line. All yard areas shall be appropriately landscaped and adequately maintained.

A site plan for each proposed motel shall be submitted to the Building Inspector with the request for a building permit. Said site plan shall show, among other things, all existing and proposed buildings, structures, parking spaces, driveway openings, driveways, service areas and other open uses, all facilities for sewage, refuse and other waste disposal and for surface water drainage and all landscape features, such as fences, walls, planting areas and walks, on the lot. Three (3) copies of the site plan shall be filed with the Building Inspector, one (1) of which shall be forwarded forthwith to the Architectural Advisory Committee for its review and recommendations. In reviewing a site plan, the Architectural Advisory Committee and the Building Inspector shall consider, among other things, the following:

(1)

Protection of adjoining premises and the general neighborhood from any detrimental use of the lot.

(2)

Convenience and safety of vehicular and pedestrian movement within the site and in relation to adjacent streets, properties or improvements.

(3)

Adequacy of the methods of disposal for sewage, refuse and other wastes and of the methods of drainage and surface water.

(4)

Provision for off-street loading and unloading of vehicles incidental to the servicing of the buildings and related uses on the lot.

(5)

Adequacy of all other municipal facilities relative to fire and police protection, education, recreation and other municipal services.

§ 164-27 Tents, trailers and mobile camping units.

No person shall park, store or occupy a tent or trailer for living or business purposes except in a garage or other accessory building or in the rear half of a lot owned or occupied by the owner of the tent or trailer, if placed so as to conform to the yard requirements for main buildings in the same district, but its use for living and/or business purposes is prohibited, unless temporary occupancy for a period not exceeding six (6) months in any one (1) calendar year is permitted by the Board of Selectmen in connection with the construction of a permanent home.

Trailers used for the purpose of storing goods, materials, equipment and the like or warehousing are prohibited unless the use is incidental to the construction of a permanent home or business. A temporary permit may be issued by the Building Inspector for a period not to exceed six (6) months with one (1) six-month renewal allowed.

[Amended 5-12-2003 ATM, Art. 24]

Notwithstanding the above, trailers may be used for storage on a lot in the Industrial Zoning District, provided the following conditions are met:

[Added 5-12-2014 ATM, Art. 31]

Trailers may not be occupied.

Trailers must be screened from all street frontages by landscaping, fencing or other means.

A trailer must be set back from side and rear property lines a distance equal to its height. It shall not obstruct egress, parking or access to dumpsters on the premise.

Trailers may not contain hazardous materials unless approved by the Orleans Fire Chief, and shall be posted on the door if required.

Trailers shall not have electricity, heating, or refrigeration.

All trailers must comply with this subsection by May 12, 2016.

§ 164-28 Conversion of existing dwellings to multiple dwellings.

Existing dwellings may be converted to multiple dwellings of not more than three (3) apartments subject to the provisions herein.

The area of any lot shall provide not less than seven thousand five hundred (7,500) square feet for each apartment unit and off-street automobile parking space in accordance with the provisions of § 164-34.

There shall be living quarters of not more than two (2) stories above finished grade level and none below said level.

Exterior additions, not to exceed fifteen percent (15%) of the ground area of the existing dwelling, shall be permitted, provided that front line setback and abutter's line requirements are maintained.

There shall be not less than a five-foot buffer strip of planting of grass between any driveway or parking area and the abutter's line and around the dwelling, and no parking area shall be less than ten (10) feet from the side line of the street or way.

The sewage disposal system shall be approved by the Board of Health before a permit may be granted for any such remodeling.

§ 164-29 Cottage colonies.

An existing nonconforming cottage colony may not be converted to single-family dwelling use under separate ownership unless the lot upon which each dwelling is located complies with the minimum requirements for single-family dwellings in the zoning district in which the land is located, and such nonconforming cottage colony may not be converted to a single-family use under condominium-type or cooperative ownership unless the lot meets the minimum zoning requirements for single-family dwellings in the zoning district in which the land is located.

§ 164-30 Time-sharing and interval ownership.

Time-sharing or interval ownership of a building or structure shall be permitted only after a Special Permit has been granted by the Board of Appeals. When granting a Special Permit hereunder, the Board of Appeals must find the use involved will not be detrimental to the established or future character of the neighborhood and the town. In making its determination, the Board of Appeals shall consider, among other things, the following:

Adequacy of the site, in terms of size, for the proposed use.

Suitability of the site for the proposed use.

Impact on traffic flow and safety.

Impact on the neighborhood visual character, including views and vistas.

Adequacy of the method of sewage disposal, source of water and drainage.

Adequacy of utilities and other public services.

Noise and litter.

§ 164-31 Apartment development.

[Amended 5-5-1987 ATM, Art. 47; 5-12-1998 ATM, Art. 31; 5-13-2002 ATM, Arts. 26, 30; 5-7-2007 ATM, Art. 26; 5-9-2016 ATM, Art. 39; 5-8-2017 ATM, Art. 40]

Applicability. Apartments may be developed only in districts as provided in § 164-13. A Special Permit for apartments shall be granted only in accordance with Subsections B through F of this section and only upon the specific findings being made by the Board of Appeals:

(1)

By virtue of its sponsorship, financing, or design, the development will serve an important unmet housing need of the community.

Any housing that is deed restricted for individuals or families that earn 80% or less of the Area Median Income (AMI) for Barnstable County shall be so restricted for a minimum of thirty (30) years;

(2)

The development will not adversely affect business operation on the subject property within the zoning district;

(3)

The development will provide for adequate traffic circulation on and off-site, including pedestrian safety and convenience;

(4)

The development is designed to result in an appropriately lighted neighborhood, and meet the requirements of Chapter 122, Outdoor Lighting;

(5)

The development has complied with Sections 164-33 and 164-33.1 with, respectively, the Architectural and the Site Plan Review Committees reporting to the Board of Appeals. Building design shall provide for variation in building height between large buildings and other buildings on the same lot, or adjacent lots;

(6)

The development is consistent with the Orleans Comprehensive Plan;

(7)

The development meets all requirements of a Special Permit under Section 164-44; and

(8)

A copy of any Special Permit application under this section shall be filed with the Planning Board when the application is filed with the Town Clerk, and the Planning Board shall review it and make recommendations to the Board of Appeals within forty-five (45) days of the filing date. The Board of Appeals shall consider any such recommendation in its review of the project.

Dimensional Requirements.

Lot Area and Density

Lot Area. Minimum lot area for apartment development shall be as follows: [Amended 5-7-2018 ATM by Art. 44]

RB District: 60,000 s.f. of contiguous buildable upland

LB, GB Districts: 0 s.f. of contiguous buildable upland [Amended 10-31-2020 STM by Art. 33]

VC District: 0 s.f. of contiguous buildable upland

Residential Density in dwelling units per acre of contiguous buildable upland:

RB District: 3 dwelling units per acre

LB and GB Districts: 8 dwelling units per acre

VC District: 10 dwelling units per acre

In mixed residential and commercial developments in the GB, LB, and VC Districts, one-half (1/2) of the total lot area that is covered by the commercial building plus the parking area required to support the commercial use, shall be subtracted from the lot area for the purposes of calculating allowed density of residential units. Any required parking that is located under or within project buildings shall increase the lot area available for calculating unit density by reducing the parking lot area required to support the commercial use. (In calculating required parking, each space shall be equal to 300 square feet of area).

Additional Units for Meeting Community Goals

In addition to the density allowed herein, projects with the following components that support community goals shall be allowed additional dwelling units as follows:

For each (one) 1-bedroom dwelling unit - 1 additional (one) 1-bedroom dwelling unit;

For each Affordable Housing Unit¹ - 1 additional dwelling unit; and

For each 1,500 sq. ft. of preserved Significant Building² - 1 additional dwelling unit.

The above additional units may be permitted, up to a total project density of 14 dwelling units per acre of contiguous buildable upland in the VC District, and 12 dwelling units per acre of contiguous buildable upland in the GB and LB Districts.

¹ as defined in Chapter 104, Affordable Housing, of the Orleans Town Code.

² as defined in Chapter 106, Demolition of Historic Structures, of the Orleans Town Code.

Affordable Housing Requirement

In order to further Town goals and meet the need for affordable housing, any apartment development with 10 or more dwelling units shall include 1 Affordable Housing Unit, as defined in Chapter 104 of the Orleans Town Code, for each 10 units of housing. Any fraction of a required Affordable Housing Unit shall be rounded up to the nearest whole unit.

Other Dimensional Requirements. The applicable district frontage and yard requirements shall be observed. With third floor housing, the building height provisions of Section 164-19.1. E. 1 through E. 7 may be utilized in the Village Center, General Business, and Limited Business Districts for apartment development. In such instances the mean height measured between the bottom of the eave and the highest point of the ridge on a pitched roof shall not exceed 35 feet.

Design Requirements. No structure shall contain more than fifteen (15) dwelling units, except that in the Village Center District, up to twenty (20) dwelling units in a single structure may be allowed. No dwelling unit shall have its lowest floor below grade at any point within its entire perimeter.

Nitrogen Discharge Limits. No Special Permit shall be granted by the Zoning Board of Appeals for apartment or other multi-family housing development when the density exceeds two (2) units per acre of buildable upland area unless the Board of Health certifies that the septic system can achieve an effluent nitrogen concentration of 19 milligrams per liter (mgl) or less, as measured at the point of discharge.

Master Plan Special Permit.

The Board of Appeals may grant a Special Permit for phased apartment development on one or more adjacent parcels in a coordinated fashion. Review of these proposals shall conform to the requirements for a Special Permit (Section 164-44), Site Plan Review (Section 164-33), and Architectural Review (Section 164-33.1) as applicable. Additionally, the following procedures and standards shall apply:

The Master Plan Special Permit review shall run concurrently with all Special Permits required for the proposal. The other Special Permits required may include, but are not limited to, Special Permits for parking reduction (Section 164-34 B.3), uses allowed through Special Permit (Schedule of Use Regulations), an increase in the number of units per structure (164-31.D), and exemptions for sidewalks (Section 164-19.1.D). The approval of a Master Plan Special Permit shall include all applicable Special Permits by reference and shall be administered in accordance with subsections 2-4 below.

After the initial Master Plan Special Permit is final, subsequent phases of development shall only require Site Plan approval (Section 164-33) if the Building Commissioner determines that the phase is consistent with the terms of the Special Permit, and that no major changes are proposed. For the purposes of this section, a major change is defined as:

An increase in the number of residential units such that it would exceed the number of residential units originally approved.

A decrease of more than 10% of the aggregate amount of parking that was originally approved.

A change that would eliminate elements of the original proposal needed in order to earn incentive housing units under Section 164-31.B.2 (Additional Units for Meeting Community Goals).

If the Building Commissioner determines that the phase being reviewed qualifies as a major change, a modification to the original Master Plan Special Permit from the Board of Appeals pursuant to Section 164-44 shall be required for the approval of the change.

Any Master Plan Special Permit granted under this section shall be subject to the expiration provisions of § 164-44. Special permits. E.

For the purposes of coordinating development across multiple parcels, the Board of Appeals may treat adjacent properties as a single property for measuring setbacks and other dimensional standards. Proposed buildings, travel lanes, parking areas, and other site features may cross interior property lines or be sited closer to those lot lines than what would otherwise be allowable. The Board of Appeals shall require that these adjacent parcels be in common ownership as a condition of the Master Plan Special Permit.

§ 164-32 Dwellings in commercial structures or accessory to commercial uses.

[Amended 5-15-1989 ATM, Art. 62; 5-7-2001 ATM, Art. 33; 5-7-2007 ATM, Art. 22]

Dwellings in commercial structures or accessory to commercial uses may be permitted where allowed under § 164-13, subject to the following conditions:

General Requirements

A site plan shall be submitted and reviewed as provided in § 164-33.

Architectural Review Committee approval is required, as provided in § 164-33.1

Prior to occupancy of any dwelling unit in a commercial structure, screening as described in § 164-34D(1) and as required under Site Plan approval must be installed along side and rear lot lines, except in the Village Center District.

Village Center District

Up to three (3) units may be permitted on a lot either within the commercial structure or in a separate structure located on the same lot¹. The following criteria must be met:

In mixed use buildings, first floor units fronting on streets shall be reserved for commercial uses.

Any building used exclusively for residential purposes must be located behind other buildings that have frontage on the street. In no case shall any building used exclusively for residential purposes front the street.

In the event of a corner lot the Site Plan Review Committee shall determine which street frontage will be the primary street frontage.

At least 30% of the floor area on the parcel shall be used for commercial purposes.

One (1) off-street parking space will be required for each dwelling unit. When units with two (2) or more bedrooms are proposed parking must be provided that meets the requirements of § 164-34 or an affidavit must be supplied to the building commissioner indicating the provision, through a shared parking agreement or other means, of the off-street parking spaces.

Other Business Districts

No more than two (2) dwelling units may be allowed on a lot within a structure used for commerce through new construction, addition, or conversion. The following criteria must be met:

At least 30% of the floor area on the parcel shall be used for commercial purposes.

[Amended 10-31-2020 STM by Art. 36[1]]

[1]

Editor's Note: This article also deleted the text from Subsection b below regarding lot area.

(Reserved)

Off-street parking shall be provided for the dwelling units as per requirements of this chapter.

For each dwelling unit having in excess of one (1) bedroom, unpaved open space of at least four hundred fifty (450) square feet shall be provided.

1 Up to four (4) units may be allowed, see Section 164-19.1. E.

§ 164-33 Site plan review.

[Amended 5-6-1986 ATM, Art. 69; 10-15-1987 STM, Art. 58; 5-8-1990 ATM, Art. 40; 5-9-1994 ATM, Art. 32; 5-12-1998 ATM, Art. 33]

PURPOSE. The purpose of site plan review is to provide a forum to familiarize project applicants with applicable Town requirements and to ensure the design and layout of certain developments permitted as a matter of right or by special permit will constitute suitable development and will not be detrimental to the neighborhood or the environment. The Site Plan Review Committee is also intended to provide an inexpensive forum to familiarize the applicants with the requirements that pertain to a project.

II.

APPLICABILITY.

The provisions of this section shall not apply to any construction, reconstruction, alteration or extension to single or two family residential dwellings and permitted accessory structures thereto, nor to subdivisions or divisions of land.

The provisions of this section shall apply to:

Any project that requires a special permit.

Any new construction and any addition or alteration to existing structures which expands the gross floor area 1000 square feet or more.

Any activity that will alter parking, if there is a total of twenty or more existing spaces or ten proposed spaces or alters egress therefor.

Any activity that would affect drainage, utilities, lighting or sewage disposal requirements.

Any change of use of an existing structure or land, except for a change of use of a structure to a single or two family dwelling or any use accessory thereto.

Applicants with prospective projects that would otherwise be exempt from these provisions may apply for an Informal Site Plan Review to assist them in their planning.

III.

PROCEDURES.

APPLICATIONS. Applications for meeting with the Site Plan Review Committee are available at the Planning and Building Departments. Appointments with the Site Plan Review Committee can be scheduled at the Planning Department.

RULES AND REGULATIONS. The Site Plan Review Committee may, following a properly advertised public hearing, adopt and from time to time amend regulations for the administration of this section, including establishing a schedule of fees sufficient to defray the costs of technical services and other expenses of the Committee. Copies of the Committee's regulations will be available at the Town Clerk's Office.

INFORMAL REVIEW. Any applicant may request an informal review of a proposed project. The purpose of informal review is to provide an applicant with information early in the project planning process as to what approvals will be needed from local or state boards, committees or agencies. It is intended to save the applicant time and money by providing information in one location pertinent to the local permitting process.

Submission Requirements for Informal Review. The applicant shall submit the following documents at least five business days prior to meeting with the Site Plan Review Committee:

completed application form

plot plan (copy of Assessor's Map is acceptable)

sketch of proposed development showing buildings, improvements, parking and other features which may be of assistance to the Committee in understanding the proposal.

Informal Review Meeting. The Site Plan Review Committee shall give the applicant information and feedback on the feasibility and applicable regulations for the proposed project at the Informal Review meeting. The feedback shall include written comments prepared by each participating committee member.

Waiver of Formal Review. The Site Plan Review Committee may, after review and comment from each committee member, waive the Formal Review required by Section 166-33, III.D., if they find that the project's impacts do not require Formal Review or the informal plan submitted meets the requirements for Formal Review.

FORMAL REVIEW.

Unless a waiver is granted under Section III, Paragraph C, Subparagraph 3, Informal Review, the Committee shall require an applicant to proceed with the Formal Review for projects meeting the thresholds set forth in Section II, Paragraph B, Subparagraphs 1 through 5.

Submission Requirements for Formal Review. The applicant shall submit the following documents at least five (5) business days prior to meeting with the Site Plan Review Committee:

completed application form

site plan prepared by a professional engineer or a licensed land surveyor which shall include one or more appropriately scaled maps or drawings of the property clearly and accurately indicating such elements of the following information as are pertinent to the development activity proposed:

boundaries of lot

adjacent streets

existing and proposed structures, fences, and walls

existing and proposed topography at 2' contour intervals

walkways, driveways, parking areas, loading and service areas, parking space dimensions, screening

proposed landscaping showing the size, type and location of plantings

on-site wells, water lines and all other underground utilities

sewage disposal systems

dumpster

10.

existing and proposed stormwater drainage system

11.

wetlands/resource areas as defined by local conservation commission regulations

12.

architectural plans with elevations of buildings

13.

proposed erosion control measures

14.

drawings of proposed signs

15.

location and type of proposed outdoor lighting.

The committee may waive certain site plan requirements if the applicant presents sufficient evidence that the requirements are not applicable or necessary for their application.

Prior to the scheduled meeting date the Planning Department shall distribute copies of the Site Plan to the members of the Site Plan Review Committee and to such other Town agencies or departments as he/she deems necessary to properly review the project.

Site Plans shall be reviewed by the appropriate committee member(s) for consistency with zoning and other applicable regulations and standards including the criteria set forth in Section IV. herein.

Within thirty (30) calendar days of receiving a Site Plan, the Site Plan Review Committee shall render a decision to approve, approve with conditions or disapprove the Site Plan. The Committee shall notify the applicant in writing of any approval, conditional approval or disapproval, stating the reasons therefor. The Committee may disapprove a site plan if the applicant fails to submit the required documents.

Any decision on a Site Plan under this section may be appealed to the Zoning Board of Appeals by any party having standing, including town officers and boards, as provided in Massachusetts General Laws Chapter 40A, § 8.8.

Approval of a Site Plan shall expire one (1) year after the date of approval unless, in the case of construction, a special permit or building permit has been applied for within said one year period and ultimately issues; or in the case of change of use, the new use has commenced within said one year period, or, if required, a special permit has been applied for within said one year period and ultimately issues. The Site Plan Review Committee may grant such extensions of time as it deems necessary to carry any site plan into effect; the Committee shall notify the Building Inspector of any such extension of time and the date on which it shall expire.

Performance Guarantee. Prior to issuance of a certificate of occupancy, or certification of compliance with zoning in accordance with section 164-42 B., all work associated with an approved site plan, including installation of all required improvements, facilities, and structures must be completed as per the approved site plan. The Building Commissioner and the Director of Planning and Community Development, jointly, may issue a certification that work has been completed in accordance with the approved site plan. The Site Plan Review Committee may authorize the granting of an occupancy permit prior to the completion of work associated with the approved site plan if the completion of such work is secured by the posting of a bond, sufficient in the opinion of the Site Plan Review Committee, to secure completion of the required improvements. The Site Plan Review Committee shall specify the time within which such improvements shall be completed. After such time, if the required improvements have not been completed, the Site Plan Review Committee may cause work to be done to complete the improvements. Following full or partial completion of the required improvements, the bond may be either fully or partially released by the Site Plan Review Committee.

[Added 5-7-2001 ATM, Art. 34]

IV.

REVIEW CRITERIA.

Site development shall provide for access to each structure for fire service equipment and shall provide for stormwater drainage on site without erosion or ponding.

A reasonable effort shall be made to conserve and protect natural features that are of some lasting benefit to the site, its environs and the community at large.

The placement of buildings, structures, fences, lighting and fixtures on each site shall not interfere with traffic circulation, pedestrian use, safety and appropriate use of adjacent properties. The development shall be planned to safely accommodate bicycle and pedestrian access within the site.

[Amended 5-22-2021 ATM, Art. 60]

Every reasonable effort shall be made to place buildings, structures, fences, lighting and fixtures on each site in such a manner to provide for visibility of the shoreline and water from public ways or adjacent developed properties.

Stormwater drainage shall be contained on the development site, away from wetland resources and designed to handle calculated flows from a 25 year storm. See Section 164-34, C-7.

Existing trees of six inch caliper at chest level shall be incorporated into landscape areas when their retention will not prevent the provision of the required minimum number of parking spaces without the need for other relief. See Section 164-34, C-4.

New driveways shall oppose existing ones where offsets of 100 feet cannot be attained. See Section 164-34, C-4.

No more than one curb cut at the major street frontage shall be permitted unless the total number of parking spaces on the site does or will exceed 50 spaces and no other access is proposed. See Section 164-34, D-1.

Parking areas shall be screened from the street and adjacent properties used or zoned for residential use. Screening shall be installed in the manner described in § 164-34.D.1.

[Amended 5-7-2001 ATM, Art. 34]

Sight distance at site driveways shall be in accordance with Section 164-34, C-4.

Parking Interconnections. Parking areas of twenty (20) or more spaces shall provide, or provide future planned accommodations for, interconnections, where feasible, to adjacent parking areas. As a result the total number of parking spaces required for the proposed project can be reduced by 10%.

[Added 5-8-2006 ATM, Art. 26]

SITE PLAN REVIEW COMMITTEE. The Site Plan Review Committee shall consist of the following officials or their designees:

Building Commissioner

Director of Planning and Community Development

Health Agent

Conservation Administrator

Highway/Disposal Area Manager

Water Superintendent

Fire Chief

Such other officials as may be determined by the Site Plan Review Committee to be necessary to review the proposed project, including but not limited to the Traffic Study Committee and the Old Kings Highway District Committee.

VI.

APPROVED SITE PLAN/WHEN REQUIRED.

No building permit, special permit, or occupancy permit shall be issued for any activity or use within the scope of § 164-33 II.B. herein unless a Site Plan Review has been approved therefor or the deadline for action has expired.

[Amended 5-13-2019 ATM by Art. 57]

For all construction activities that result in a land disturbance of greater than or equal to one (1) acre or is part of a larger common plan of development that would disturb one (1) or more acres, the site plan review shall include a pre-construction review of the stormwater management site design which shall include a description of planned operations at the construction site, planned best management practices (BMPs) to be used during the construction phase, planned BMPs to be used to manage runoff volume and water quality after development, and shall include an evaluation of the opportunity to use low impact design and green infrastructure practices.

No activity within the scope of § 164-33 II.B. herein shall be carried out without an approved Site Plan therefor. Any work done in deviation from an approved Site Plan shall be a violation of this Bylaw, unless such deviation is approved in writing by the Building Commissioner as being of no significant detriment to the achievement of the purposes set forth in Section 164-33-I herein.

§ 164-33.1 Architectural review.

[Added 5-8-1990 ATM, Art. 40]

Whereas the Town of Orleans contains a number of buildings from the eighteenth and nineteenth centuries which reflect its unique past as a rural coastal community and nineteenth century commercial center, and whereas the architectural styles of these eras and its later twentieth century Colonial-revival brick buildings give the town its distinct character of a desirable community for summer visitors and year-round residents alike, the following Architectural Review process is intended to promote the continuation of attractive building and landscaping styles, with good blending of the old and the new.

Purpose. The purpose of this bylaw is to preserve and enhance the town's cultural, economic and historic resources by providing for a detailed review of the appearance of structures and sites which may affect these resources. The intent of the review process is to:

(1)

Prevent new construction or alterations that are incompatible with older, existing building styles or that are of inferior quality or appearance;

(2)

Promote conservation of buildings and groups of buildings that have aesthetic or historic significance;

(3)

Enhance the social and economic viability of the town by preserving property values and promoting visual attractiveness; and

(4)

Encourage flexibility and variety in future development.

Architectural Review Committee. An Architectural Review Committee is hereby created and shall consist of five members appointed by the Board of Selectmen, preferably including at least two members with professional or educational backgrounds in design or architecture, two members with professional or educational backgrounds in historic preservation or with an appreciation for local history, and one additional member. Two associate members shall be appointed to act as alternates in case of the absence of regular members. After initial appointments with staggered terms, future appointments shall be for three years.

Applicability. The review process described in this § 164-33.1, shall apply to all building permit and Special Permit applications, including those for alterations, renovations, additions, demolitions and relocations, except those for new or existing one- and two-family dwellings intended for continued residential use, buildings or structures accessory to them, any building permit or Special Permit application involving property in the Industrial District or the Old Kings Highway Regional Historic District, or any interior alteration not visible from the exterior of a building. Changes which affect the appearance of a building whether or not such work requires a building permit, including but not limited to changes in the color, design or character of exterior building materials, windows or doors, light fixtures, signs and appurtenant elements shall be subject to review as provided in the sections on Preliminary and Final Plan Review below.

[Amended 5-10-1999 ATM, Art. 20]

Procedure.

(1)

Preliminary Review. The Architectural Review Committee shall provide Preliminary Review of proposed buildings or alterations at their regular meetings within 30 days of receipt of an application. A brief description of the proposed construction or improvements shall be included on the application which shall be available in the Building Department. Plans or sketches are required.

[Amended 5-8-2017 ATM, Art. 41]

Signs, new or modified, decks, accessory structures such as fences, flagpoles and trellises, and installation of siding or roofing, door and window replacements, and work which does not require a building permit are generally subject only to Preliminary Review. A Plan Review Report will be forwarded to the Building Department. In all other cases, Preliminary Review will be optional, but available at the request of the applicant for exchange of information and ideas before plans for Final Review are submitted.

[Amended 5-8-2006 ATM, Art. 27]

(2)

Application for Final Plan Review. Application for plan approval under Final Plan Review shall be made by submitting an application and sufficient copies of the Site Plan and other required materials as described below to the Building Department or Committee Recording Secretary. Applications shall be available in the Building Department. Notice of the time, date, and place of review and the location of proposals scheduled for Final Plan Review shall be published in a local newspaper not less than six (6) days prior to the date of the review.

[Amended 5-8-2006 ATM, Art. 27; 5-8-2017 ATM, Art. 41]

(3)

Drawings and Materials for Final Plan Review.

Site Plan. Site plans shall include boundaries and dimensions of the lot; parking areas, driveways, walkways and loading areas; existing and proposed structures; information relating to the intensity and extent of proposed lighting; a landscaping plan showing location of trees 6" or greater in diameter to be removed or retained, and type and location of other existing or proposed plantings; existing or proposed benches, footpaths or other pedestrian amenities; and principle dimensions of signs.

Architectural Elevations. Building facades, building height, roof pitch, fenestration, doors, floor to floor height shall be shown at a minimum of 1/8" = 1 = 0" scale.

Photographs. Polaroid or other photographs of the site and abutting properties shall be required.

Samples. Samples of exterior building materials including color shall be part of the application.

Historical Information. Information on year built, historical significance, if any, and historic use shall be included in materials for review.

[Added 5-8-2006 ATM, Art. 27]

(4)

Final Plan Review Report and Recommendations. Within sixty (60) days of their receipt of the application for Final Plan Review, the Architectural Review Committee shall review applications and forward a Final Plan Review Report containing its description and recommendations to the Building Inspector. This deadline may be extended at the request of the applicant. The Final Plan Review Report shall be based on consideration of the design criteria in Subsection E below and shall state in all cases the Committee's decision to approve, approve with modifications or disapprove of the plan and shall contain specific written findings relating to compliance with the design criteria.

[Amended 5-8-2017 ATM, Art. 41]

The committee may disapprove a proposal if it fails to meet the design criteria in Subsection E and there is a resultant negative visual impact on the town. In the case of disapproval, the committee shall state clearly how the proposal fails to comply and describe the resultant negative impact. A copy of this report shall be hand delivered or mailed by certified mail to the applicant no later than the day it is forwarded to the Building Inspector. If the proposal requires a variance or Special Permit, the Building Inspector shall immediately transmit the Architectural Review Committee's report to the Special Permit Granting Authority.

(5)

Issuance of Building or Special Permits. Neither the Building Inspector nor the Special Permit Granting Authority shall issue a building permit or Special Permit for construction subject to these requirements unless the Architectural Review Committee has approved the plans, the deadline for action has expired, or an appeal of this bylaw or an Exemption from Final Plan Review has been granted. In the event of Architectural Review Committee disapproval of a proposal, the Building Inspector shall not issue a building permit nor shall the Special Permit Granting Authority issue a Special Permit.

(6)

Appeals. Any decision by the Architectural Review Committee under this section may be appealed to the Board of Appeals by any party having standing, including town officials and boards, as provided under M.G.L. Ch. 40A, § 8.8.

Design Criteria. The following criteria shall be used as a guide for the Architectural Review Committee when reviewing applications. No project shall be approved unless the Architectural Review Committee finds that it meets the overall intent of the design criteria described in this bylaw.

[Amended 5-8-2006 ATM, Art. 27]

(1)

Character. The proposal shall complement the existing Cape Cod community character that is illustrated by the variety of architectural styles set throughout Orleans. Contemporary or nontraditional designs should not be discouraged if they can be shown to be compatible with the surrounding environment.

(2)

Distinguishing Features. Original stylistic features or examples of skilled craftsmanship of historic or aesthetic significance on a building shall be preserved and maintained or replaced with similar elements where possible and where desirable.

(3)

Architectural Details. The architectural details, including signs and use of building materials, should be harmonious with the building's overall architectural style and preserve and enhance the character of the surrounding area.

(4)

Scale. The proposal demonstrates balanced proportions in relation to height and width, roof shape and pitch, and windows and doors. Scale should be compatible with other structures in the surrounding area.

[Amended 5-8-2017 ATM, Art. 41]

(5)

Massing and Bulk. There should be an overall relationship between the building size & scale and the lot that is compatible with surrounding properties. Nearby structures built in proportion to one another are desirable.

[Amended 5-8-2017 ATM, Art. 41]

(6)

Setback. The proposed building front maintains or builds a street front where possible to reinforce the character of the area wherever possible and desirable.

[Amended 5-8-2017 ATM, Art. 41]

(7)

Height. There should be a relationship between the height of the proposed structure and that of adjacent properties that is compatible within the surrounding area.

[Amended 5-8-2017 ATM, Art. 41]

(8)

Building Materials. The exterior siding, roof, windows, doors, and trim should be compatible with desirable and traditional materials used in the community. The use of innovative building materials shall not be discouraged by this criteria provided they are compatible with traditional Cape Cod style.

[Amended 5-8-2017 ATM, Art. 41]

(9)

Roof. The shapes and angles of roofs should be compatible with surrounding roof shapes and pitches to maintain a visual balance.

[Amended 5-8-2017 ATM, Art. 41]

(10)

Fenestration. The patterns of windows and doors should maintain a balance that conveys a sense of function and scale to the structure.

(11)

Color. Building exteriors, including signs, should have colors consistent with traditional Cape Cod designs and complement the function of the elements and their locations.

(12)

Signs. All aspects of signs including but not limited to shape, size, font style, color, design and construction, are subject to the design criteria listed in this bylaw. For buildings containing more than one business, continuity in sign design is desirable (see section 164-35).

(13)

Lighting. Light shall be contained on site through adequate shielding and downward direction. All outdoor lighting shall comply with Chapter 122 of the Orleans Town Code.

(14)

Landscaping. Grade changes, plantings, fencing, and other aspects of landscaping, should complement the existing area landscaping as well as integrate buildings with their environment and provide amenities for pedestrians. Plantings on the street-facing side of buildings, window boxes and planters are desirable. Benches or other seating arrangements, distinctive treatment of walkways, and links with other buildings for pedestrians are encouraged. Plants that are native to Cape Cod and provide habitat value are preferred.

§ 164-34 Off-street parking regulations.

General provisions.

(1)

Off-street parking space shall be provided as specified in this chapter and shall be furnished with necessary passageways and driveways. All such space shall be deemed to be required space on the lot on which it is situated and shall not be encroached upon or reduced in any manner. All parking areas, passageways and driveways, except when provided in connection with one-family residences, shall be surfaced with a dustless, durable, all-weather pavement clearly marked for car spaces and shall be adequately drained, all subject to the approval of the Building Inspector. An area of three hundred (300) square feet of appropriate dimensions for the parking of an automobile, including maneuvering area and aisles, shall be considered as one (1) off-street parking space. Designated parking spaces shall not be less than ten (10) feet in width. Except in the VC District, in no case shall a driveway, maneuvering area, aisle or parking space, except a loading or service area, be closer than ten (10) feet to a building in any business district. Said ten-foot setback area is to be used only for green area and pedestrian walkways, raised or lowered or otherwise protected. Landscaping consisting of attractive trees, shrubs, plants and grass lawns shall be required and planted in accordance with the site plans. Special buffer planting shall be provided along the side and rear property lines so as to provide protection to adjacent properties when such lot lines abut residential districts or uses.

[Amended 10-23-85 STM, Art. 40; 10-31-2020 STM by Art. 35]

(2)

None of the off-street parking facilities that are required in this chapter shall be required for any existing building or use unless said building or use shall be enlarged, in which case the provisions of this chapter shall apply only to the enlarged portion of the building or use. Authorization by the Board of Selectmen, acting on the advice of the Highway Surveyor, is required for all curb cuts. A site plan shall be filed with the building permit application where off-street parking facilities are required or permitted under the provisions of this chapter in connection with the use or uses for which application is being made.

(3)

No off-street parking area, loading area or driveway, except those serving one- or two-family residences, shall be located closer than ten (10) feet to any lot or street line, except as provided below. Such ten-foot setback shall be considered a green area. These buffer areas may be crossed by appropriate driveways and walkways as shown on the site plan. However, driveways crossing said buffer areas shall cross at right angles only. In addition, the requirement for setback may be waived by the Building Inspector in consultation with the Planning Board for the purpose of establishing common parking areas for two (2) or more businesses or other reasons, provided that an equivalent buffer area is provided and designated elsewhere on the site plan.

(4)

The collective provision of off-street parking area by two or more buildings or uses located on adjacent lots is permitted, provided that the total of such facilities shall not be less than the sum required of the various buildings or uses computed separately, and further provided that the land upon which the collective facilities are located is owned or leased by one or more of the collective users. In the VC District, parking requirements may be satisfied through paying an annual access fee to the town in lieu of providing some or all of the required on-site parking spaces. The access fee per space shall equal five hundred dollars ($500.), indexed to the United States Cost of Living Index subsequent to 1985. No permit for construction or occupancy shall be approved if relying on access fees to satisfy parking requirements, and no access fees shall be charged on previously permitted premises unless town appropriations and authorizations for acquisition and/or construction of off-street parking exceed the total of access fees charged or scheduled to be charged, summing both fees and appropriations and authorizations from fiscal year 1986 to the time in question.

[Amended 10-23-85 STM, Art. 40]

Number of spaces

(1)

Performance requirement. Off-street parking must be provided to service the net increase in parking demand created by new construction, additions or change of use. Buildings, structures and land uses in existence on May 4, 1981, are not subject to these requirements so long as they are not enlarged or changed to increase their parking needs. A site plan shall be filed with any permit or Special Permit application involving or requiring parking, identifying individual spaces, access lanes and egress.

Notwithstanding anything contained herein to the contrary any addition or alteration or change in use of an existing building, structure or use of land which is in compliance with this chapter, that results in an increase in required off-street parking of less than 6 spaces, shall not be required to provide those spaces. If an increase of six or more spaces is required, all of the spaces must be provided.

[Amended 5-8-2006 ATM, Art. 25]

New Construction for the purposes of paragraph B(1) shall include alterations of existing buildings or structures, or the construction of any new building or structure, and the establishment of the use thereof.

[Amended 5-13-1996 ATM, Art. 23]

(2)

The standards below must be met for new construction and for any increase in parking demand created by additions, alterations, or changes of use if the proposed additions or changes of use would require an increase of six or more parking places.

	Existing parking places may be used to fulfill parking requirements for new construction, additions, alterations, or changes of use only if those spaces are in excess of the number required for the existing building's use according to current parking requirements and regardless of requirements in effect at the time those spaces were created.
	For mixed uses, the requirements for each use are added together, e.g. for a motel and a restaurant on the same premises, the parking requirement for rooms and the parking requirement for the restaurant are added together. [Amended 5-13-1996 ATM, Art. 24]

(3)

Shared Parking.

[Amended 11-18-1991 STM, Art. 3; 5-8-2017 ATM, Art. 40]

The required number of spaces may be reduced below these standards upon determination that special circumstances, such as shared use of a parking lot by activities having different peak demand times, render a lesser provision adequate for all parking needs. Such written determination may be made by the Building Commissioner for up to 20% reduction of the required number of parking spaces. The Planning Board shall consult with and advise the Building Commissioner if it is requested.

Parking space reduction of greater than 20% shall require a Special Permit from the Board of Appeals, pursuant to Section 164-44.

Table of Minimum Requirements

[Amended 5-13-1996 ATM, Art. 25]

RESIDENTIAL
TYPE OF USE	REQUIRED NUMBER OF SPACES
Dwelling unit having 2 or more bedrooms	2 spaces
Dwelling unit having fewer than 2 bedrooms	1 space
Home occupation	Additional spaces may be required by the Board of Appeals
Multifamily - apartment or condominium -1 bedroom	1.5 spaces per unit (see note)
Multifamily - apartment or condominium - 2 or 3 bedrooms	2 spaces per unit
All multifamily buildings must provide visitor parking	1 space per 3 units
Accessory dwellings, Bed and breakfast	The required number of spaces will be determined by the Building Commissioner or Board of Appeals
Guest house	1 space per bedroom
Congregate housing	1 space per bedroom

NOTE: When the computation of required parking or loading spaces results in the requirement of a fractional space, any fraction of one-half or more shall require one space

BUSINESS, COMMERCIAL AND INDUSTRIAL
TYPE OF USE	REQUIRED NUMBER OF SPACES
Hotel, motel guest unit	1 space per sleeping room
Nursing home	1 space per 4 beds
Professional and business offices, including banks, insurance and real estate	1 space per each 300 square feet of gross floor area
Commercial and retail service establishments	1 space per each 250 square feet of gross floor area
Medical/dental office/clinic	3.5 spaces per examining room (see note)
Restaurant, Tavern	1 space for every 4 seats, 1 additional space for every 2 employees on the largest shift
Funeral Parlors	Parking spaces adequate to accommodate all normal demand shall be provided as determined by the Building Commissioner after consultation with the Planning Board
Automobile or boat retail and service establishment, and other retail and service establishments involving extensive display areas, either indoor or outdoor, in relation to customer traffic	1 space per 800 square feet of gross floor area. In the case of outdoor display areas, one space for each 1,000 square feet of lot area
Warehouse or storage facility	1 space per 3,000 square feet of gross floor area and/or 1 space for each person employed on the largest shift, whichever is more
Manufacturing or industrial establishment	1 space for each person employed on the largest shift.
Indoor place of assembly with seating including theaters, auditoriums, assembly halls, arenas and convention centers	1 space for every 4 seats
Indoor place of assembly without seats, including libraries, museums, art galleries, convention centers, recreation and membership clubs, skating rinks or other places of amusement	1 space per each 300 square feet of gross floor area or parking spaces to accommodate normal demand as determined by the Building Commissioner following consultation with the Planning Board
Day care, nursery school	1 space per 2 employees and 1 space per 6 students
Bowling alley or tennis court	1.5 spaces per lane (see note) 2 spaces per court
Marina	Parking spaces adequate to accommodate all normal demand of occupants, employees, members, customers, clients and visitors to the premises shall be provided as determined by the Building Commissioner after consultation with the Planning Board.
Laundromat	1 space per 2 machines
Kennels, veterinary establishments; All other commercial or industrial uses not listed	Parking spaces adequate to accommodate all normal demand of occupants, employees, members, customers, clients and visitors to the premises shall be provided as determined by the Building Commissioner after consultation with the Planning Board.

NOTE: When the computation of required parking or loading spaces results in the requirement of a fractional space, any fraction of one-half or more shall require one space.

GOVERNMENT, INSTITUTIONAL AND PUBLIC SERVICES USES
TYPE OF USE	NUMBER OF SPACES
Indoor place of assembly with seating including theaters, auditoriums, assembly hall, churches, arenas and convention centers.	1 space for every 4 seats
Indoor place of assembly without seats, including libraries, museums, art galleries, government buildings, recreation and community centers, membership clubs, skating rinks and other places of amusement.	1 space per each 300 square feet of gross floor area or parking spaces to accommodate normal demand as determined by the Building Commissioner following consultation with the Planning Board
Day care, nursery school	1 space per 2 employees
Elementary and Junior High School	1 space for each teacher and employee, and additional spaces for the gymnasium or the auditorium, whichever has the larger capacity
High School	1 space for each teacher and employee, plus 1 space per 4 students, including spaces for the gymnasium or the auditorium, whichever has the larger capacity
Hospital	1.5 spaces per bed at design capacity (see note)

NOTE: When the computation of required parking or loading spaces results in the requirement of a fractional space, any fraction of one-half or more shall require one space.

Parking area, design and location.

(1)

Location. Required parking shall be located either on the same lot as the activity it serves or located on other lots within 500 feet of the lot upon which the activity is located, provided said off-premises lot(s) is not located in the Residence District R.

[Amended 5-10-1989 ATM, Art. 38; 5-13-1996 ATM, Art. 22]

(2)

Surface. All required parking areas, except those serving single-family or two-family residences, shall be dustless, durable, with an all-weather surface and with drainage provided for, designed to prevent dust, erosion, water accumulation or unsightly conditions. In parking areas with ten (10) or more spaces, individual spaces shall be marked by painted lines, individual wheel stops or other means.

(3)

Backing. Parking areas shall be designed and located so that their use does not involve vehicles backing onto or off of a public way.

(4)

Egress. There shall be not more than two (2) driveway openings onto any street from any single premises unless each opening center line is separated from the center line of all other driveways serving twenty (20) or more parking spaces, whether on or off the premises, by two hundred (200) feet, measured at the street line. No such opening shall exceed thirty (30) feet in width at the street line unless necessity of greater width is demonstrated by the applicant and the opening is designed consistent with Massachusetts Department of Public Works regulations. No driveway side line shall be located within fifty (50) feet of the street line of an intersecting way. All driveways serving five (5) or more parking spaces shall be constructed with a minimum edge radius of five (5) feet on both sides. All driveways serving forty (40) or more parking spaces must have not less than two hundred fifty (250) feet of visibility in each travel lane entering a state-numbered or -maintained highway and not less than one hundred fifty (150) feet of visibility on other streets. Authorization by the Board of Selectmen, acting on advice of the Highway Surveyor and Chief of Police, is required for all curb cuts. Said authorization shall take into consideration the safety hazard, if any, caused by the curb cut.

(5)

Parking lot plantings. Parking lots containing ten (10) or more parking spaces shall have at least one (1) tree per eight (8) parking spaces, such trees to be located either within the lot or within five (5) feet of it. Such trees shall be at least two (2) inches in trunk diameter, with no less than forty (40) square feet of unpaved soil or permeable surface area per tree. At least five percent (5%) of the interior of any parking lot having twenty-five (25) or more spaces shall be maintained with landscaping, including trees, in plots of at least four (4) feet in width. Trees and soil plots shall be so located as to provide visual relief and sun and wind interruption within the parking area and to assure safe patterns of internal circulation.

(6)

Bicycle racks. For parking areas of twenty (20) or more spaces, bicycle racks facilitating locking shall be provided to accommodate one (1) bicycle per twenty (20) parking spaces required or fraction thereof.

(7)

Control of Runoff from Commercial and Multifamily Parking Lots.

[Added 5-8-1990 ATM, Art. 41]

On all lots proposed for other than one- or two-family residential use, stormwater runoff shall be directed in such a way as to recharge the groundwater beneath the lot and in such a manner as not to increase the flow of runoff into, wetlands as defined by MGL Ch. 131, § .40 as of January 1, 1990. Since in a given storm event the first inch of rainfall, known as the "first flush," contains approximately ninety percent (90%) of all contaminants, this portion of runoff shall be contained on the lot.

To demonstrate these capabilities, the applicant shall show proposed catch basins or other drainage facilities sufficient to contain runoff from a twenty-five-year storm flowing over man-made areas on the lot, on plans submitted to the Building Inspector or Plan Evaluation Board. The applicant shall also submit drainage calculations for the site for a twenty-five-year storm prepared by a registered professional engineer. Plans shall show how contaminants likely to reach groundwater, such as hydrocarbons, may be removed by currently available methods.

Business and Industrial District requirements.

(1)

Screening. Off-street parking areas in Business and Industrial Districts shall be effectively screened on each rear lot line which adjoins an institutional use or a Residence District and also on each side lot line. Such screening shall consist of an area at least four (4) feet in width densely planted with a mixture of evergreen and deciduous trees and shrubs four (4) feet or more in height when planted [three (3) feet if within twenty (20) feet of a street line] or a landscaped earth berm of equivalent height, or equivalent visual interruption shall be provided through retained existing vegetation or through difference in elevation between potential viewers and the screened areas. Fences or walls may be a part of such screening but must, in themselves, be landscaped. Any parking area within ten (10) feet of a school, hospital or other institutional building shall be screened by a solid masonry wall.

[Amended 5-10-1999 ATM, Art. 20]

(2)

Front yard landscaping. In Business and Industrial Districts (other than the VC District), a minimum depth of six (6) feet from the street line shall be landscaped appropriately and maintained in a sightly condition at all times, crossed only by walks not over eight (8) feet in width and driveways not more than thirty (30) feet in width.

[Amended 10-23-85 STM, Art. 40; 5-10-1999 ATM, Art. 20]

(3)

Floor area ratio: The ratio of gross floor area to lot area shall not exceed 100% in the Village Center District or 40% in the LB, GB, C and MB districts.

[Added 10-23-1985 STM, Art. 10; amended 5-12-1998 ATM, Art. 27]

(4)

Impervious surface. Except in the Village Center District, not more than seventy-five percent (75%) of the lot area shall be covered with buildings, paving and other constructed surfaces substantially preventing absorption of water.

[Added 10-23-85 STM, Art. 40]

Loading requirements.

(1)

Performance requirement. Adequate off-street loading facilities and space must be provided to service all regular needs created by new construction, whether through additions or change of use. Facilities shall be so sized and arranged that no vehicles need regularly back onto or off of a public way or be parked on a public way while loading, unloading or waiting to do so.

(2)

Application requirements. Prior to the issuance of a permit for construction of a new structure, addition to or alteration of an existing structure or change of use, the Building Inspector may require that the applicant submit information concerning the adequacy of existing or proposed loading facilities on the parcel. Such information may include a plan of the loading area showing its size and its relationship to buildings, parking areas and public ways, documentation of the types of goods and/or persons being loaded and unloaded from vehicles, the expected types of vehicles to be serviced at the loading area and the expected normal hours of operation. The Building Inspector shall use such information to determine whether or not the requirements of Subsection E(1) are met.

§ 164-35 Signs.

[Amended 5-6-1986 ATM, Art. 69; 10-13-1987 ATM; 5-9-1988 ATM, Art. 65; 5-19-1997 ATM, Art. 46; 5-25-2004 ATM, Art. 10; 5-9-2005 ATM, Art. 33; 5-11-2009 ATM, Art. 27; 5-9-2011 ATM, Art. 25; 5-9-2011 ATM, Art. 26; 5-12-2014 ATM, Art. 28]

Purpose. It is the purpose of this section to regulate the size, location, and appearance of signs within the Town of Orleans in order to facilitate the smooth and safe flow of traffic within the Town while preserving the essential character of the neighborhoods in which signs are located.

Definitions - As used in this section, the following terms shall have the meanings indicated.

A-FRAME SIGN/SANDWICH BOARD SIGN

A portable freestanding sign or folding sign with a hinge at the top.

BACK LIT SIGN

A sign illuminated by a non-visible light source consisting of non-translucent lettering and where the only visible light is light reflected off the background creating a "halo" effect. The average face brightness of the sign must not exceed thirty (30) foot-lamberts, and the total light output from the sign must not exceed fifteen thousand (15,000) lumens, as measured with an exposure meter. In all cases, the primary source of light must not be visible to the public. The sign fabricator or his designated agent shall certify to the Building Commissioner after installation that the average face brightness of the sign does not exceed the specifications of the article before the installation may be used.

BANNER SIGN

A sign of lightweight, plastic, fabric, or similar non-rigid material that is temporarily mounted.

DOUBLE-FACED SIGN

A double-faced sign shall have two (2) advertising surfaces of identical shape and size, on shared supports and separated by a distance of not more than 18 inches. The planes of such advertising shall be parallel.

INTERNALLY ILLUMINATED SIGNS

A sign illuminated by a light source, either incandescent, fluorescent, neon, or other light that is enclosed by the sign panel(s) or within the sign.

LADDER SIGNS

A sign identifying several businesses located on the same property or within a shopping plaza.

MOBILE SIGNS

A mobile sign is a sign attached to a vehicle or trailer and located in a stationery position primarily for use as an advertising or identifying device. Such signs may be considered either temporary or permanent.

PERMANENT SIGNS

A permanent sign is one which is used to identify or advertise a principal use or activity for the property with which it is associated.

SIGN

Sign shall mean any device, including recognizable logos, pictographs, and objects of similar nature, which is used to identify or advertise a permitted use, service, or activity in the zone in which it is located.

SIGN AREA

Sign area shall be defined as the area of the smallest single horizontal or vertical rectangle which will totally enclose the face of a sign, including any borders, or in the case of signs painted or otherwise applied directly to the sides of buildings, the smallest vertical or horizontal rectangle which will completely enclose the identifying or advertising information. Support structures for freestanding signs shall not be considered in determining sign area unless they are deemed to contribute significantly to the advertising content of the sign, or are of such construction that they would contribute to the limiting of vision of oncoming traffic. The area of a double-faced sign shall be figured using one (1) face only.

SIGN HEIGHT

The height of the sign from the existing average natural grade to the top of the highest point of the sign.

TEMPORARY SIGN

A temporary sign is one which is used to identify or advertise a use or activity which is not a principal use or activity for the property with which it is associated and which is intended for removal when such use or activity stops. Such signs shall include, but are not limited to: sale, rent, or lease signs erected by a property owner or licensed real estate broker, yard sale, garage sale, or open house signs.

WINDOW SIGN

A window sign is any temporary or permanent sign visible on or through a window, affixed to the window or with any part situated closer than two (2) feet from the interior surface of a window.

	Window signs for an identified business shall not obscure more than twenty-five percent (25%) of the surface area of the windows on any one side of the building or portion of a side of a building occupied by the business. Temporary window signs exceeding this amount of area may be displayed for up to 24 consecutive days, two times per year.
	Window signs shall be measured according to the method in Section 164-35-B. The surface area of a window shall include the gross area within the exterior frame of the window. Window signs shall not be included in the total number of signs allowed per business and shall not be limited in number. Requirements of Section 164-35-B shall apply to window signs. No fee or permit shall be required.

Sign Permits.

(1)

No sign shall be erected or altered without a permit granted by the Building Commissioner, except as otherwise provided herein. All signs, other than temporary signs, shall be subject to review and approval by the Architectural Review Committee under Section 164-33.1.C.

(2)

All applications for sign permits shall include a sketch or photograph of the proposed sign showing size, colors, and materials used, and a site plan for the associated property showing the height and proposed location of the sign as well as locations of buildings, driveways, street lines, and pavement edges, as well as the location of any trees or shrubbery which might interfere with traffic visibility.

(3)

The following signs may be erected without a permit granted by the Building Commissioner, provided that they conform in all respects to height setback, and other restrictions as set forth elsewhere in this By-law:

(a)

One (1) permanent sign not to exceed four (4) square feet in area identifying the principal occupant of a dwelling in a residential or other zone.

(b)

One (1) temporary sign not to exceed six (6) square feet in area advertising property for sale, rent, or lease, or no more than five (5) open house signs. Such sign shall be removed within ten (10) days of transfer of title or signing of lease or rental agreement.

(c)

Permanent signs not exceeding four (4) square feet in area whose purpose is solely for direction of traffic, such as "Enter", "Exit", "Parking" and the like and which contain no advertising information.

(d)

Accessory signs such as "Open", "Closed", "Sale", and the like not exceeding three (3) square feet in area which are attached to signs for which permits have been issued. One (1) Flag of a similar nature is permitted for each street facing side of the business, up to six (6) square feet in area.

(e)

Signs within the confining walls of a building or window signs.

(f)

Legal notices, or informational signs erected or required by government bodies.

(g)

Church, school, municipal, historical, and ladder type signs for residential property owners' group listings.

(h)

One (1) contractor sign for the general contractor or contractor who takes out a building permit to work on property, not to exceed four (4) square feet in area. Such signs shall be removed promptly upon completion of the contracted services, or within one (1) year of date of permit, whichever comes first.

(4)

Temporary Sign Permits. Upon at least twenty-four (24) hours notice, the Building Commissioner may issue, permits for the erection of signs advertising yard or garage sales, special events, and the like. Not more than five (5) such signs shall be permitted per event. Such signs shall conform to the By-law in all other respects and shall be removed within 24 hours after the end of the event. Such signs shall meet the dimensional requirement set forth in Section 164-35.1, but shall not exceed six (6) square feet in sign area.

(5)

Fees. Fees may be charged for the issuance of a sign permit in accordance with a schedule determined by the Board of Selectmen.

Signs for Customary or Self-Employed Home Occupation. One (1) sign not to exceed six (6) square feet in area shall be permitted for a customary self-employed or home occupation in any zone for which a special permit or variance has been granted by the Board of Appeals, subject to any restrictions as to lighting, etc., imposed by the Board of Appeals, provided that such sign conforms in all other respects to the provisions of this section.

Projecting signs.

(1)

Projecting signs of up to three (3) square feet in area are permitted to project over walkways and shall maintain a clearance height of eight (8) feet below the bottom of the sign. No sign shall project over any lot line or any way intended for vehicular traffic.

(2)

No sign affixed to any building shall project more than four (4) feet in any direction beyond the exterior walls of such building. Such signs shall meet the dimensional requirement set forth in Section 164-35.1.

Banner signs. Banner signs are permitted in all business districts for not more than four (4) calendar days in any one calendar month. There is a limit of one (1) and a temporary sign permit is required, which permit shall not be for longer than four (4) months. All Banner signs are subject to Section 164-35.I.1.

A-Frame & Sandwich Board Signs. One (1) A-frame, sandwich board, or other temporary sign is allowed per business not to exceed six (6) square feet in area, which may advertise the principal use without being considered one of the three signs allowed per business. Such signs shall not be fixed to the ground and must be removed daily. Such signs may not be installed within the layout of a public road without approval of the Orleans Board of Selectmen, or its designee, nor within two (2) feet of the travelled surface of any road.

Ladder signs. On any lot on which three (3) or more businesses are located, all freestanding signs shall be of the ladder type, and no business shall be permitted a freestanding sign other than a sign located on the ladder. In cases where businesses are not readily visible from the street, one (1) additional sign may be allowed by Special Permit.

Prohibited Signs. The following types of signs shall be prohibited:

(1)

Any sign which employs intermittent or flashing lights, whirling or similar moving devices, or which emits any loud sounds.

(2)

Any internally illuminated sign.

(3)

Off-premise signs: Off premise signs shall be prohibited except

subdivision identification signs at entrance to subdivisions or

signs allowed in public display areas as designated by the Board of Selectmen, or

signs advertising yard or garage sales, open house, special events, and the like. Such temporary off-premises signs may not be installed within a public road layout without approval of the Board of Selectmen or its designee, nor within 2 feet of the travelled way of a road.

(4)

Billboards.

(5)

Signs attached to trees or utility poles.

(6)

Temporary signs except as described in 164-35.C.4 or 164-35.C.3.b.

(7)

Inflatable signs.

(8)

Sandwich board or A-frame type signs that exceed six (6) square feet in area.

Size, Height, Setback and Other Restrictions.

(1)

Size and Location.

(a)

Signs shall be governed as to size and location according to the following table:

Setback from property Line (feet)	Maximum Height for Freestanding Sign (feet)	Maximum Sign Area Signs (feet)*
1 - 3	3	6
3 - 10	6	15
10 - 25	10	32
Over 25	12	60

NOTE: *Area for signs on ladder signs shall be computed individually without regard for open space between signs, and maximum aggregate sign area shall be as set forth above, except that the maximum aggregate area for ladder signs specified in Section 164-35-B above may be increased up to one third (1/3) by Special Permit from the Board of Appeals.

(b)

No sign shall be located closer than ten (10) feet to any side lot line except on the panhandle portion of panhandle lots.

(2)

Waiver of setback requirement: In cases where the distance from the pavement edge to the property line exceeds 10 feet, the setback requirement may be waived on recommendation of the Planning Board and Traffic Study Committee, and setbacks may be computed from the pavement edge instead of the property line. In no case shall any sign be located closer than one (1) foot from any property line.

(3)

Number of Signs: No business shall have more than three (3) signs other than accessory signs not requiring permits as described elsewhere in this By-law. No residence shall have more than one (1) sign.

Erection Time, Inspection and Removal of Sign Violations, and Preexisting Signs.

(1)

A sign permit shall become void for any sign which is not erected within six (6) months of date of issuance of such permit.

(2)

All signs for which permits are required shall be subject to inspection to check conformance to site plan and By-law restrictions. Requests for inspection shall be made to the Building Commissioner within ten (10) days of erection of any sign requiring a permit.

(3)

A sign that is determined by the Building Commissioner to be in violation of this section shall be removed or modified within ten (10) business days of such determination.

(4)

Preexisting, nonconforming signs. Permanent signs that do not conform to this section, lawfully erected before enactment of this section, or permanent signs not yet erected but for which permits have been granted prior to enactment of this section may be erected and/or maintained, provided that such erection shall take place within ninety (90) days of enactment of this section.

(5)

Sign permits shall be deemed to be associated with the use, service or activity with which the sign is associated and shall become void thirty (30) days after such use, service or activity ceases. Signs whose permits have become void under this provision shall be removed promptly by the end of this thirty (30) day period. Signs for uses, services or activities of a seasonal nature that are removed during the off-season may be re-erected, and their permits remain in effect, provided that a period of one (1) year has not elapsed since removal of the sign.

(6)

Alterations to a preexisting, nonconforming sign shall require the sign to come into compliance with all of the requirements herein. For the purpose of this section, alterations shall consist of changes in any way including change in structure, location, design or lettering.

Notwithstanding anything else contained in Section 164-35 to the contrary banners advertising Town sponsored events or any other events which the Board of Selectmen determine after due consideration provide significant public benefit, may be placed at a location across Main Street and or Eldredge Park Way provided that any such banner and its location is approved by the Board of Selectmen or, if designated by the Board of Selectmen, the Town Administrator. In the event multiple requests are made for common time period the Board of Selectmen or the Town Administrator, as the case may be, may give preference in scheduling and location to Town sponsored events. Banner(s) shall be no more than twenty feet in length and two feet in height and shall be strung in such a manner so the bottom of the banner is fifteen feet off the road surface. Any such banner shall be temporary in nature and removed as soon as practicable after the event to which it refers has ended. The Board of Selectmen is hereby authorized to promulgate rules and regulations as they deem necessary to carry out the provisions of this paragraph.

Lighting of Signs. Lighted signs shall conform with the Outdoor Lighting Bylaw, Chapter 122 of the Orleans General Code.

Eldredge Park Sponsorship Banner Signs

Notwithstanding anything in this Section 164-35 to the contrary, banner signs may be displayed at the Town-owned property shown as Parcel 1 on the Town Assessor’s Map 41 and known as Eldredge Park, by non-profit organizations having a license or use agreement with the Town for the use of Eldredge Park, subject to the following conditions: (a) banner signs shall be limited to signs recognizing sponsors of the non-profit organization, (b) issuance of a sign permit from the Building Commissioner, (c) the approval of the Park Commissioners, (d) banner signs may be displayed for up to 90 days and must be removed promptly after the permitted time period, (e) banners may only be placed on approved locations on the dugouts or fence, (f) placement and removal of the banner shall be done by the licensed non-profit organization, (g) all banners must be kept in good repair, (h) subject to any rules and regulations of the Park Commissioners and the Park Commissioners are authorized to promulgate rules and regulations as they deem necessary to carry out the provisions of this section.

The Town is the owner of Eldredge Park located on the corner of Eldredge Parkway and South Orleans Road (Route 28) in Orleans, MA.

§ 164-35.1 Commercial and Non-Commercial Wind Energy Facilities.

[Added 5-10-2004 ATM, Art. 23]

Purpose. The purpose of this bylaw is to minimize the adverse impacts of wind turbines on the character of neighborhoods, property values, scenic, historic, environmental resources of the Town; and to protect health and safety while allowing wind energy technologies to be utilized.

Applicability. Any application to erect a structure that utilizes energy from the wind shall comply with this section.

Definitions. As used in this section, the following terms shall have the meanings indicated:

WIND FACILITY

All equipment, machinery and structures utilized in connection with commercial and non-commercial wind-generated energy production and generation, including related transmission, distribution, collection, storage or supply systems whether underground, on the surface or overhead, and other equipment or byproducts in connection therewith and the sale of the energy produced thereby, including but not limited to, wind turbine (rotor, electrical generator and tower), anemometers (wind measuring equipment), transformers, substation, power lines, control and maintenance facilities, site access and service roads.

For purposes of this definition, the term "commercial" shall mean those facilities which have less than fifty percent (50%) of their electrical output used on site.

WIND TURBINE

Equipment used in wind-generated energy production. Wind turbines capture the kinetic energy of the wind and convert it into electricity. Primary components are the rotor (blade assembly), electrical generator, and tower. Wind turbines are mounted on lattice or tubular steel towers.

Requirements.

No Wind facility shall be erected, constructed or installed without approval under 164-33, Site Plan Review and the issuance of a Special Permit from the Zoning Board of Appeals.

Minimum lot area. Wind facilities shall be located on a parcel of land that contains at least 5 acres of land, of which at least 4 acres must be buildable upland.

Height. The height of any wind turbine as measured from average grade shall be less than three hundred (300) feet and have a minimum blade clearance from the ground immediately below each wind turbine of thirty (30) feet. A waiver from this provision may be granted if the Zoning Board of Appeals makes a finding that the additional height is necessary for adequate operation of the wind facility.

Height calculation. For purposes of calculating the overall height of a wind turbine, the total height shall be measured from average grade to the uppermost extension of any blade or the maximum height reached by any part of the wind turbine.

Setbacks from adjacent parcels. A minimum setback for each wind turbine shall be maintained equal to the overall engineer designed fall zone plus one hundred (100) feet, or three hundred (300) feet, whichever is greater, from all boundaries of the site on which the wind facility is located.

Fencing. Shall be provided to control access to the site of the wind turbine and related structures.

Signs. There shall be no signs except a sign identifying the wind facility, the owner and operator and an emergency telephone number; no-trespassing signs; and any signs required to warn of danger. All signs shall comply with the requirements of the Zoning Bylaw.

Noise. Except during short-term events such as high windstorms or utility outages, noise from the proposed wind turbine shall not exceed 60 dBA as measured from the nearest property line. This standard can be achieved through a six hundred (600) foot setback from any property line or must be otherwise demonstrated by the applicant through scientific analysis to the satisfaction of the Zoning Board of Appeals.

Removal. The owner shall remove any wind facility that's use has been abandoned or discontinued for 12 months. If removal is required, all wind turbines and appurtenant structures shall also be removed and the wind facility site shall be re-vegetated. The Zoning Board of Appeals may require that an escrow account be established and annual deposits made to ensure adequate funds are available for removal.

10.

Communications. A wind turbine may be used as a communication structure, subject to the requirements of Section 164-39 herein.

Non-Commercial Wind Facilities When issuing a Special Permit for a non-commercial wind facility, the Zoning Board of Appeals may waive any of the requirements of Section D., provided the Board finds that the criteria for issuance of a Special Permit as set forth in Section 164-44 are met.

§ 164-36 Open-air art businesses.

No person shall operate a commercial open-air or sidewalk art business, including painting, sketching, silhouetting or molding of likenesses or objects of any material, within fifteen (15) feet of the side line of a public street or sidewalk except in a Business District on Special Permit by the Board of Appeals.

§ 164-36.1 Mobile food establishments.

[Added 10-16-2017 STM, Art. 14]

Purpose. To encourage employment and small business growth by providing a broad range of food choices to the public.

Definitions.

MOBILE FOOD ESTABLISHMENT

A motorized vehicle or unmotorized wheeled vehicle from which food or drink (prepared on-site or prepackaged) is sold or served to the general public, whether consumed on-site or elsewhere. The vehicle must be supported by and return to a fixed, licensed food establishment daily.

MOBILE FOOD ESTABLISHMENT SERVICE AREA

A lot upon which one or more Mobile Food Establishments prepare, portion, or serve food to the public.

Requirements. Mobile Food Establishments must obtain all required permits, licenses and approvals from the Board of Health, Board of Selectmen, Building Department, Police Department, Fire Department, and any other required approvals.

§ 164-37 Existing residential dwellings in General Business GB or Limited Business LB Districts.

An existing residential dwelling in a General Business (GB) District and a Limited Business (LB) District may be altered or modified in conformity with the regulations pertaining to a residential dwelling in a Residence R District.

§ 164-38 Commercial regulations.

Commercial uses requiring Special Permits under § 164-13, if consistent with this section in all other respects, shall be authorized only if the Board of Appeals determines that the proposal's benefits to the town or vicinity will outweigh any adverse effects, after consideration of the following:

Locations are best if:

(1)

The proposal will be located near uses which are similar to the proposed use, or, if not, the nearby uses will be ones likely to benefit from rather than be damaged by having the proposed activity nearby.

(2)

They are not more sensitive to environmental stress from erosion, siltation, groundwater or surface water contaminants or habitat disturbance than are most similarly zoned locations.

Activity type and mix are best if:

(1)

The proposed activity will contribute to the diversity of services available in the town.

(2)

The proposed activity will provide service to the town's year-round residents and will strengthen off-season employment opportunities.

(3)

The proposal will add relatively little to summer traffic congestion in relation to its size, considering the location, the number of single-purpose trips likely to be attracted and any special access provisions committed, e.g. bike-storage facilities, employee ride sharing.

(4)

The proposal poses no environmental hazard because of use or storage of explosive, flammable, toxic or radioactive materials.

(5)

The proposal will not result in air pollution or excessive noise.

Site design is best if:

(1)

Scenic views from public ways and other developed properties are considerately treated in the design of the site.

(2)

Topographic change is minimized.

(3)

Unnecessary removal of existing trees or other important natural features is avoided.

(4)

Pedestrian movement within the site and to other places is well provided for.

(5)

Vehicular movement within the site is safe and convenient and arranged so as not to disturb abutting properties.

(6)

Visibility of parking and service areas from public streets is minimized through facility location and the use of topography and vegetation.

(7)

Potential disturbances such as noise, glare and odors are effectively confined to the premises through buffering or other means.

Facility design is best if:

(1)

Scenic views from public ways and other developed properties are considerately treated in the design of buildings.

(2)

Primary exterior materials match the appearance of materials commonly found on existing buildings within the town (not to be construed by the Board of Appeals as authority to regulate or restrict materials regulated by the State Building Code).

(3)

Domestic scale is produced in the building's design through massing devices such as breaks in wall and roof planes and through the design of architectural features.

Special requirements for formula-based restaurants.

[Added 5-7-2012 ATM, Art. 25]

The purpose and intent of regulating formula-based restaurants is to address the negative impact on the town's historical and cultural relevance, unique Cape Cod rural character, and overall attractiveness as a small town, locally-oriented tourist destination. These uses are therefore regulated in order to maintain Orleans' distinct community and natural experiences.

The proposed use of any building, structure, or premises for a formula-based restaurant shall require a Special Permit from the Zoning Board of Appeals. In addition to the Special Permit Criteria in Section 164-44, the following additional criteria shall be required:

(1)

Approval of the formula-based restaurant will not alter the character of the zoning district in a way that detracts from its uniqueness;

(2)

Approval of the formula-based restaurant will contribute to a diverse blend of businesses in the zoning district;

(3)

Approval of the formula-based restaurant will complement those businesses already in the zoning district and help promote and foster the local economic base as a whole.

(4)

The formula-based restaurant will be compatible with existing surrounding uses and has been designed and will be operated in a non-obtrusive manner to preserve the community's character, and the proposed intensity of use on the site is appropriate given the uses permitted on the site and on adjoining sites.

(5)

No drive thru windows shall be permitted.

(6)

Approval of the formula-based restaurant will minimize visual intrusion by controlling the visibility of parking, storage, or other outdoor service areas viewed from public ways or premises residentially used or zoned.

§ 164-39 Communication Structures, Buildings and Appurtenances [1]

[Added 5-19-1997 ATM, Art. 29]

Purpose. The purpose of this Bylaw is to minimize adverse impacts of communication structures, towers, monopoles, buildings and appurtenances on adjacent properties and residential neighborhoods; to limit the number and height of such facilities to only what is essential; to protect, to the maximum extent practicable, the rural character and aesthetic qualities of the Town of Orleans, the property values of the community and the health and safety of citizens.

Exemptions.

The following uses and activities are specifically exempt from this bylaw.

(1)

Antennas used by a federally licensed amateur radio operator for that sole purpose.

(2)

Communication appurtenances for governmental uses.

(3)

Television antennas - see § 164-4 definition of building height.

Requirements.

(1)

No Communication tower, monopole, building or appurtenance shall be erected, constructed or installed without first submitting a plan to the Site Plan Review Committee as described in § 164-33.

(2)

Setbacks. Any supporting structure for a communication tower or monopole, such as a guy wire, shall be set back a minimum of 25 feet from any property line.

	Setbacks for communication towers and monopoles shall be equal to the engineered design fall zone of the structure plus 50 feet to any property line where the structure is located.
	Communication towers and monopoles shall provide a minimum setback equal to the height of the structure plus 100 feet from any residential zoning district.
	The setbacks for a communication building shall comply with the setback requirements of the underlying zoning district unless otherwise regulated by section 164-22F.

(3)

Safety. Communication structures, buildings and appurtenances shall be installed, maintained and operated in accordance with applicable federal, state, local codes, standards and regulations and shall be designed to withstand sustained winds and gusts of a category 5 hurricane.

(4)

Removal. Communication structures, buildings or appurtenances that have not been operated for four consecutive months shall be removed by the owner within six months of the cessation of the originally permitted use.

(5)

Fencing. Fencing shall be provided to control access to the site of the communication structure (except guy wires) and buildings. Fencing is not required for antennas or other appurtenances mounted on a pre-existing structure.

(6)

Lighting. Communication structures and appurtenances shall be lighted only if required by the Federal Aeronautics Administration (FAA). Communication buildings and the site may be lighted for safety and security reasons. All lighting shall be shielded to prevent undue impact on the surrounding neighborhood.

(7)

Signs. There shall be no signs except a sign identifying the facility, the owner and operator and an emergency telephone number; no-trespassing sign; and, any signs required to warn of danger. All signs shall comply with the requirements of the Zoning Bylaw.

(8)

Visual. The installation of communication structures, building and appurtenances shall be designed to minimize visual impact; the maximum amount of natural vegetation shall be preserved; details of construction and finish shall blend with the surroundings; additional vegetation screening shall be employed where practical and particularly to screen abutting residential properties. All communications buildings require the approval of the Architectural Review Committee as described in section 164-33.1.

(9)

Height.

The following are maximum height restrictions for all communication structures and appurtenances.

(a)

Communication Towers – 150 feet.

(b)

Communication Monopole – 75 feet in the General Business zone, 150 feet in the Industrial zoning district.

(c)

Communication Appurtenance – 10 feet above the existing structure.

	The height of communications structures, including antennas, microwave dishes, wiring or other devices attached thereto, shall be determined by measuring from the elevation of the naturally existing grade at the foundation of the structure to the highest point of the structure.
	Proposed communications structures and appurtenances that are higher than the maximum heights listed above can only be authorized by a Special Permit issued by the Zoning Board of Appeals.

(10)

Regional Criteria. Siting shall be consistent with regional siting criteria established by the Cape Cod Commission.

(11)

Siting Standards.

(a)

Communication structures and appurtenances shall, if feasible, be located on pre-existing structures, provided such installation shall preserve the character of the structure and painted or designed in such a way that its visibility is minimized to the maximum extent feasible.

(b)

If there are no feasible pre-existing structures, then communication monopoles or towers, buildings and appurtenances shall, if feasible, be located on public land.

(c)

To the extent feasible, all service providers shall co-locate on communication structures. Communication structures shall be designed to structurally accommodate the maximum number of foreseeable users (within a ten year period) if technically practicable.

Procedures

	Prior to applying for a special permit, or building permit for the construction of a communications structure, building or appurtenance the applicant must receive the approval of the Site Plan Review committee as described in section 164-33.
	In addition to the information required in section 164-33 the applicant shall also provide the following to the Site Plan Review Committee and, if a Special Permit is required, to the Zoning Board of Appeals:

(1)

A statement of the services to be supported by the proposed communication structure, building or appurtenance;

(2)

A description of the special design features utilized to minimize the visual and noise impacts of the proposed communication structure, building and appurtenances;

(3)

A certification that the applicant has complied with all federal and state requirements to provide the proposed service;

(4)

A description of efforts to co-locate on existing and proposed structures, or consolidate telecommunications antennas of public and private services onto the proposed facility;

(5)

A landscape plan showing the proposed site before and after development including topography and screening proposed to minimize adverse visual impacts to abutting properties;

(6)

If a communications tower or monopole is proposed, prior to the meeting with the Site Plan Review Committee, the applicant shall arrange to fly a brightly colored three foot diameter balloon at the site that is at the maximum height of the proposed installation. The date and location of the flight shall be advertised at least 14 days, but not more than 21 days, before the flight in a newspaper with a general circulation in the Town of Orleans. The applicant shall provide written notification to the Site Plan Review Committee, at least ten days in advance, of the time and date of the flight.

(7)

Following completion of the site plan review process the applicant should proceed with applying for a special permit, if required, as described in section 164-13 or a building permit.

[1]

Editor's Note: Former § 164-39, Development rate limitation, was repealed 5-8-1995 ATM, Art. 13.

§ 164-39.1 Amateur Radio Towers.

[Added 5-8-2000 ATM, Art. 17]

Purpose. The purpose of this bylaw is to provide for the minimum practicable regulation necessary to protect the health, safety, and aesthetics of the Town of Orleans from potential negative impacts resulting from the installation and use of amateur radio towers.

Requirements.

(1)

Setbacks. Any supporting structure for an amateur radio tower, such as a guy wire, shall be set back a minimum of twenty-five (25) feet from any property line. Any amateur radio tower shall be setback a distance equal to the engineered fall zone for the tower from any property line.

(2)

Safety. Amateur radio towers shall be installed, maintained, and operated in accordance with applicable federal, state, and local codes, standards and regulations.

(3)

Access Control. Fencing, an anti-climbing device, or other form of access control determined by the building commissioner to be adequate to protect public safety shall be provided.

(4)

Lighting. Amateur radio towers shall be lighted only if required by the Federal Aviation Administration (FAA).

(5)

Aesthetics. Amateur radio towers shall be designed and installed to minimize visual impact; the maximum amount of natural vegetation shall be preserved; the design and finish of the tower shall be made to blend with the surroundings to the greatest extent practicable.

(6)

Height. The height of an amateur radio tower shall not exceed that which is necessary to effectively accommodate amateur radio communications. Amateur radio towers exceeding thirty-five (35) feet in height shall require a special permit granted by the Zoning Board of Appeals subject to § 164-44.

§ 164-40 Accessory and Congregate Dwellings.

[Amended 5-13-1991 ATM, Art. 33; 5-7-2001 ATM, Art. 31; 5-7-2001 ATM, Art. 32; 5-13-2019 ATM, Art. 56; 5-22-2021 ATM, Art. 59]

Accessory dwellings shall be permitted subject to the following provisions:

(1)

The accessory dwelling shall contain no more than eight hundred (800) square feet of floor area.

(2)

Any building addition which is involved shall not increase existing lot coverage by more than two percent (2%) of the lot area.

(3)

The Board of Health must have documented to the Building Commissioner that sewage disposal will be satisfactorily provided for in accordance with the provisions of Title 5 and local Board of Health regulations, including provisions for an appropriate reserve area on the site.

(4)

Lot area must equal at least 30,000 square feet of contiguous buildable upland.

(5)

The dwellings if leased shall be for periods of not less than ninety (90) days.

Congregate housing.

(1)

Lot area requirements. Minimum lot area per congregate housing unit shall be the same as required for any dwelling unit at that location, except that lot area per congregate housing unit need not exceed the average lot area per dwelling unit for legally existing dwellings located within five hundred (500) feet of the proposed premises.

(2)

Structure size limitation. No structure shall contain more than two (2) congregate housing units, except that up to six (6) congregate housing units may be authorized in a single congregate dwelling if the gross floor area of the proposed structure is not more than fifty percent (50%) larger than that of the largest structure within five hundred (500) feet of the one proposed. Congregate dwellings located in the Residence District shall be limited to one congregate housing unit unless residency is restricted to persons 55 years of age or older.

(3)

Locational limitation. No congregate dwelling shall be located within one thousand five hundred (1,500) feet of two (2) or more other congregated dwellings authorized under these provisions.

§ 164-40.1 Open Space Residential Development.

[Added 5-8-1990 ATM, Art. 42]

0bjectives.

The objectives of the Open Space Residential Development bylaw are to preserve in perpetuity open space which provides views and scenery which enhance property values and increase the town's attractiveness to vacationers and year-round residents, as well as providing wildlife habitat; and to allow greater opportunities for development harmonious with a site's existing topography and natural features.

Applicability. In accordance with the procedures set forth herein, the Planning Board may approve an Open Space Residential Development on any parcel of land containing a minimum of 120,000 square feet of buildable upland.

[Amended 5-9-2005 ATM, Art. 32]

Procedure.

[Amended 5-9-2005 ATM, Art. 32]

	Open Space Residential Developments may be permitted upon review and approval of the Planning Board pursuant to the applicable provisions of M.G.L. c. 41, §§ 81K to 81GG, inclusive, and in accordance with the Town of Orleans Rules and Regulations Governing the Subdivision of Land.
	The Planning Board shall require the submittal of a plan showing the subdivision of the property in both clustered and conventional fashion.

Design Standards for Open Space Residential Developments.

Housing Type. Only detached, single-family dwellings shall be allowed.

Lot Area. Each lot shall contain a minimum of 20,000 square feet of buildable upland and fifty (50) feet of frontage, except that one hundred fifty (150) feet of frontage shall be required for lots fronting on preexisting streets.

Setbacks. Minimum building setbacks shall be twenty-five (25) feet from front, side and rear lot lines, except that the front setbacks from preexisting streets shall be fifty (50) feet.

Improvements. Access, drainage, utilities and road grading shall meet functional standards equivalent to those of the Orleans Subdivision Rules and Regulations of December, 1987, except that road pavement width may be reduced to sixteen (16) feet where the Planning Board finds this will be in the best interest of the town, i.e. to reduce the impact of runoff on wetlands. In such cases, the Planning Board shall make written findings of the reason waivers were granted. All other applicable sections of the Orleans Zoning Bylaw and Subdivision Rules and Regulations shall apply.

Density. The number of dwelling units on the parcel shall not exceed the maximum that would be built under ordinary residential zoning using a conventional subdivision, as demonstrated on a Preliminary subdivision plan submitted by the applicant.

Designated Open Space. Land set aside as open space shall consist of buildable upland equal or greater than thirty-five (35) percent of the parcel's buildable upland. This area shall be set aside to be maintained as open space in perpetuity and shall not include land set aside for roads and/or parking uses. Walking trails with pervious surfaces are encouraged. When these are proposed, width and type of surface shall be shown on plans submitted to the Planning Board.

	Open space shall be planned as contiguous areas wherever possible, including buffers around wetlands or boundaries of the parcel.
	Designated open space shall be conveyed to:

(a)

The town, if accepted by it for park or open space use and any such acceptance is approved by the Board of Selectmen;

(b)

A nonprofit corporation, the principal purpose of which is the conservation of open space; or

(c)

A corporation or trust owned or to be owned by the owners of lots or residential units within the development.

	If a corporation or trust owned by the owners of lots or residential units is utilized, ownership thereof shall pass with the conveyance of the lots or units.
	In cases where the designated open space is not conveyed to the town, a restriction enforceable by the town shall be recorded providing that such land be kept in an open or natural state and not be built upon for residential use or developed for accessory uses such as parking or roadways. In these cases, a management plan shall be submitted describing how the existing woods, fields, meadows or other natural areas shall be maintained in accordance with good conservation practices.
	The management plan shall include an agreement empowering the town to perform maintenance of the common open space in the event of failure to comply with the maintenance program. This agreement shall provide that if the town is required to perform any maintenance, the owners of lots or units within the 0pen Space Residential Development shall pay any costs and that cost shall constitute a lien upon their properties until said cost has been paid.

All dwellings and accessory buildings erected under the provisions of this Section shall conform to all other provisions of this bylaw not addressed in this section.

[Amended 5-9-2005 ATM, Art. 32]

§ 164-40.2 Educational, Municipal and Religious Uses.

[Added 11-18-1991 STM, Art. 3]

Dimensional and Other Requirements for Educational, Municipal and Religious Uses. Minimum lot size, frontage, lot coverage, yard dimensions, and requirements for drainage and plantings for educational, municipal and religious uses shall conform to the standards within the districts where they are located.

Height of Structures for Educational, Municipal and Religious Uses. Except as otherwise provided in § 164-15B(7) and as provided below, building height of buildings for educational, municipal or religious uses shall not exceed 35 feet. Notwithstanding the foregoing, the building height of a building used as a house of worship shall not exceed 45 feet. Such building may have a spire, steeple, cupola, dome or tower which exceeds 45 feet, provided that:

(a)

the portion above the otherwise applicable 45 foot limit for building height is not intended for human occupancy other than incidental use such as for repairs or bell-ringing;

(b)

such higher structure meets public safety standards established by the fire chief from time to time consistent with the limitations of the Town's public safety equipment and facilities; and

(c)

no portion of such building exceeds in height the lesser of (i) one and a half times the building height to the ridge or (ii) an amount equal to the distance to the nearest residence located on a lot which may be separately conveyed, such distance measured on the ground to such residence from a point directly beneath the center of the spire, steeple, cupola, dome or tower, such height being measured as the vertical distance from the average undisturbed natural grade at the foundation on the street side of the building to the top of the spire, steeple, cupola, dome or tower.

Parking for Educational, Municipal and Religious Uses.

All of the provisions of § 164-34, including the dimensional and design requirements for parking, shall apply to educational, municipal and religious uses.

§ 164-40.3 Medical marijuana facilities.

[Added 5-12-2014 ATM, Art. 29[1]]

Purposes.

(1)

To provide for the establishment of Medical Marijuana Facilities in appropriate places and under strict conditions in accordance with the Humanitarian Medical Use of Marijuana Act, G.L. c. 94C, App. § 1-1, et seq. and the Department of Public Health Regulations promulgated thereunder, 105 CMR 725.000 et seq.

(2)

To minimize the adverse impacts of Medical Marijuana Facilities on adjacent properties, residential neighborhoods, schools and other places where children congregate, local historic districts, and other land uses potentially incompatible with said Facilities.

(3)

To regulate the siting, design, placement, security, safety, monitoring, modification, and removal of Medical Marijuana Facilities.

Definitions.

MEDICAL MARIJUANA FACILITY

Shall mean a "Medical marijuana treatment center" to mean a not-for-profit entity, as defined by Massachusetts law only, registered under this law, that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their personal caregivers.

MARIJUANA FOR MEDICAL USE

Marijuana that is designated and restricted for use by, and for the benefit of, Qualifying Patients in the treatment of Debilitating Medical Conditions as set forth in MA Department of Public Health Regulation 1.5 CMR 725.000.

MARIJUANA

The same substance defined as "marihuana" under Chapter 94C of the Massachusetts General Laws.

Applicability.

(1)

The commercial cultivation [unless it meets the requirements for an agricultural exemption under Chapter 40A Section 3], production, processing, assembly, packaging, retail or wholesale sale, trade, distribution or dispensing of marijuana for medical use is prohibited unless permitted as a Medical Marijuana Facility under this Section.

(2)

No Medical Marijuana Facility shall be established except in compliance with the provisions of this Section.

(3)

Nothing in this Bylaw shall be construed to supersede federal and state laws governing the sale and distribution of narcotic drugs.

(4)

Medical Marijuana Facilities, other than agricultural operations meeting exemption standards under Chapter 40A Section 3, may be allowed by Special Permit from the Zoning Board of Appeals in accordance with Section 164-13, Schedule of Use Regulations.

General Requirements for Medical Marijuana Facilities.

(1)

All non-exempt Medical Marijuana Facilities shall be contained within a building or structure.

(2)

A Medical Marijuana Facility shall not be located in buildings that contain any medical doctor offices or the offices of any other professional practitioner authorized to prescribe the use of medical marijuana.

(3)

The hours of operation of a Medical Marijuana Facility shall be set by the Zoning Board of Appeals, but in no event shall said Facility be open and/or operating between the hours of 8:00 PM and 8:00 AM.

(4)

No Medical Marijuana Facility shall be located within 500 feet of any lot with a school, or day care facility.

(5)

No smoking, burning or consumption of any product containing marijuana or marijuana-related products shall be permitted on the premises of a Medical Marijuana Facility.

(6)

No Medical Marijuana Facility shall be located inside a building containing residential units.

(7)

A Medical Marijuana Facility shall provide the Zoning Board of Appeals with the names, phone numbers and email addresses of all management staff and key holders to whom one can provide notice if there are operating problems associated with the establishment.

(8)

Special Permits shall remain exclusively with the applicant, who shall be the owner or lessee of the premises described in the application. The Special Permit shall terminate automatically on the date the applicant alienates that title or leasehold interest in the premises.

(9)

Special Permits shall be valid for a period of three (3) years from the date of the decision. It shall be renewed for successive three (3) year periods provided that a written request for renewal is made to the Board of Appeals not less than three (3) months prior to the expiration of the then-existing three (3) year period.

Publication of notice of said request shall be made in the same manner as would be required for an original application for a Special Permit. Said notice shall state that the renewal request will be granted unless, prior to the expiration of the then-existing permit, a written objection to the renewal, stating reasons, is received by the Board of Appeals. In the event of such an objection, a hearing on the renewal shall be held and shall proceed in a manner identical to the course of proceedings in connection with an original permit application.

The Special Permit shall remain in effect until the conclusion of the public hearing and decision of the Board of Appeals either granting or denying the Special Permit renewal. In granting the renewal, the Board of Appeals may impose additional conditions, including, without limiting the foregoing, time limits to correct violations, hours of operation and additional screening, upon which a specific lapse of time without correction or compliance shall result in a revocation of the permit.

Special Permit Requirements.

(1)

A Medical Marijuana Facility shall only be allowed by Special Permit from the Zoning Board of Appeals in accordance with M.G.L. c. 40A, § 9, and Section 164-44 of this bylaw, subject to the following statements, regulations, requirements, conditions and limitations.

(2)

A special permit application for a Medical Marijuana Facility shall include the following:

the name and address of each owner of the facility;

copies of all required licenses and permits issued to the applicant by the Commonwealth of Massachusetts and any of its agencies for the Facility;

evidence of the Applicant's right to use the site of the Facility for the Facility, such as a deed, or lease;

if the Applicant is a business organization, a statement under oath disclosing all of its owners, shareholders, partners, members, managers, directors, officers, or other similarly-situated individuals and entities and their addresses. If any of the above are entities rather than persons, the Applicant must disclose the identity of the owners of such entities until the disclosure contains the names of individuals;

Proposed security measures for the Medical Marijuana Facility, including lighting, fencing, gates and alarms, surveillance cameras, etc., to ensure the safety of persons and to protect the premises from theft. Vehicular access to all sides of the building for security shall be provided.

Mandatory Findings.

(1)

The Zoning Board of Appeals shall not issue a special permit for a Medical Marijuana Facility unless it finds that:

the Facility is designed to minimize any adverse visual or economic impacts on abutters and other parties in interest, as defined in G.L. c. 40A, § 11;

the Facility demonstrates that it will meet all the permitting requirements; and

the applicant has satisfied all of the General and Special Permit Requirements of this section and Section 164-44.

(2)

The Board shall require the applicant to post a bond at the time of construction to cover costs for the removal of the Medical Marijuana Facility in the event the Town must remove the facility. The value of the bond shall be developed based upon the applicant providing the Zoning Board of Appeals with three (3) written bids. An incentive factor of 1.5 shall be applied to all bonds to ensure compliance and adequate funds for the town to remove the Facility at prevailing wages.

Abandonment and Discontinuance of Use. A Medical Marijuana Facility shall be required to remove all material, plants equipment and other paraphernalia:

(1)

prior to surrendering its state issued licenses or permits; or

(2)

within six months of ceasing operations; whichever comes first.

[1]

Editor's Note: This Art. also provided for the repeal of former § 164-40.3, Temporary Moratorium on Medical Marijuana, added 5-13-2013 ATM, Art. 41.

§ 164-40.4 Marijuana Establishments.

[Added 10-29-2018 STM by Art. 7[1]]

Definitions. Any term not specifically defined herein shall have the meaning as defined in the Cannabis Control Commission Regulations, 935 CMR 500.000 et seq., governing adult use marijuana, as such regulations may from time to time be amended.

CRAFT MARIJUANA COOPERATIVE

A marijuana cultivator comprised of residents of the Commonwealth and organized as a limited liability company, limited liability partnership, or cooperative corporation under the laws of the Commonwealth. A cooperative is licensed to cultivate, obtain, manufacture, process, package and brand cannabis or marijuana products to transport marijuana to marijuana establishments, but not to consumers.

INDEPENDENT TESTING LABORATORY

A laboratory that is licensed by the Cannabis Control Commission and is:

(a)

Accredited to the International Organization for Standardization 17025 (ISO/IEC 17025: 2017) by a third-party accrediting body that is a signatory to the International Laboratory Accreditation Accrediting Cooperation mutual recognition arrangement or that is otherwise approved by the Commission;

(b)

Independent financially from any medical marijuana treatment center (RMD), marijuana establishment or licensee for which it conducts a test; and

(c)

Qualified to test cannabis or marijuana in compliance with 935 CMR 500.160 and M.G.L. c. 94C, § 34.

MARIJUANA CULTIVATOR

An entity licensed to cultivate, process and package marijuana, and to transfer marijuana to other Marijuana Establishments, but not to consumers. A craft marijuana cooperative is a type of marijuana cultivator.

MARIJUANA ESTABLISHMENT (ME)

A marijuana cultivator, craft marijuana cooperative, marijuana product manufacturer, marijuana retailer, independent testing laboratory, marijuana research facility, marijuana transporter, or any other type of licensed marijuana-related business, except a medical marijuana treatment center.

MARIJUANA MICROBUSINESS

A co-located marijuana establishment that can be either a Tier 1 marijuana cultivator or product manufacturer or both, in compliance with the operating procedures for each license. A microbusiness that is a marijuana product manufacturer may purchase no more than 2,000 pounds of marijuana per year from other marijuana establishments.

MARIJUANA PRODUCT MANUFACTURER

An entity licensed to obtain, manufacture, process and package cannabis or marijuana products and to transfer these products to other marijuana establishments, but not to consumers.

MARIJUANA RESEARCH FACILITY

An entity licensed to engage in research projects by the Cannabis Control Commission.

MARIJUANA RETAILER

An entity licensed to purchase and transport cannabis or marijuana product from marijuana establishments and to sell or otherwise transfer this product to marijuana establishments and to consumers. Retailers are prohibited from delivering cannabis or marijuana products to consumers; and from offering cannabis or marijuana products for the purposes of on-site social consumption on the premises of a marijuana establishment.

MARIJUANA TRANSPORTER

An entity, not otherwise licensed by the Cannabis Control Commission, which is licensed to purchase, obtain, and possess cannabis or marijuana product solely for the purpose of transporting, temporary storage, sale and distribution to marijuana establishments, but not to consumers. Marijuana transporters may be an existing licensee transporter or third-party transporter.

Purposes.

(1)

To provide for the placement of marijuana establishments in appropriate places and under strict conditions in accordance with MGL c. 94G, Regulation of the Use and Distribution of Marijuana Not Medically Prescribed, and the Cannabis Control Commission regulations promulgated thereunder, 935 CMR 500.000.

(2)

To minimize the adverse effects of marijuana establishments on adjacent properties, residential neighborhoods, schools and other places where children congregate, and other land uses potentially incompatible with said establishments.

(3)

To regulate the siting, design, placement, security, safety, monitoring, modification, and removal of marijuana establishments.

Applicability.

(1)

No ME shall be established except in compliance with the provisions of this section.

(2)

Pursuant to MGL c. 94G, §3(a)(2), the number of Marijuana Retailers shall be limited to two (2) establishments in Orleans, each required to be an unrelated, licensed entity.

[Amended 10-31-2020 STM by Art. 37]

(3)

Nothing in this bylaw shall be construed to supersede federal and state laws governing the sale and distribution of narcotic drugs.

General requirements for marijuana establishments.

(1)

A ME shall be contained within a building or structure, except open-air marijuana cultivator which may be allowed in accordance with § 164-13, Schedule of use regulations.

Marijuana plants, products, and paraphernalia shall not be clearly visible to a person from the exterior of a ME.

(2)

No ME shall be located within 500 feet of a pre-existing public or private school providing education in kindergarten or any of grades 1 through 12. Distance shall be measured in a straight line from the nearest point of the property line in question to the nearest point of the property line where the ME is or will be located.

(3)

The hours of operation of a Marijuana Retailer shall not exceed the Alcoholic Beverages Control Commission (ABCC) maximum hours of operation for liquor licenses not to be drunk on premises pursuant to MGL c. 138, §15, but may be limited by conditions of the special permit.

[Amended 10-31-2020 STM by Art. 37]

(4)

No smoking, burning or consumption of any product containing marijuana or marijuana-related products shall be permitted on the premises of a ME.

(5)

A ME shall provide the Zoning Board of Appeals with the names, phone numbers and email addresses of all management staff and key holders to whom one can provide notice if there are operating problems associated with the establishment. The applicant shall also provide a statement from the Orleans Police Department verifying completion of background checks by the Cannabis Control Commission.

(6)

Special permits shall remain exclusively with the applicant, who shall be the owner or lessee of the premises described in the application. The special permit shall terminate automatically on the date the applicant alienates that title or leasehold interest in the premises.

(7)

Special permits shall be valid for a period of three (3) years from the date of the decision. A special permit shall be renewed for successive three-year periods provided that a written request for renewal is made to the Board of Appeals not less than three (3) months prior to the expiration of the then-existing three-year period.

Publication of notice of said request shall be made in the same manner as would be required for an original application for a special permit. Said notice shall state that the renewal request will be granted unless, prior to the expiration of the then-existing permit, a written objection to the renewal, stating reasons, is received by the Board of Appeals. In the event of such an objection, a hearing on the renewal shall be held and shall proceed in a manner identical to the course of proceedings in connection with an original permit application.

The special permit shall remain in effect until the conclusion of the public hearing and decision of the Board of Appeals either granting or denying the special permit renewal, including the outcome of any appeal under MGL c. 40A, § 17. In granting the renewal, the Board of Appeals may impose additional conditions, including, without limiting the foregoing, time limits to correct violations and hours of operation, upon which a specific lapse of time without correction or compliance shall result in a denial of the renewal.

Special permit requirements.

(1)

A ME shall only be allowed by special permit from the Zoning Board of Appeals in accordance with M.G.L. c. 40A, § 9, and § 164-44 of this bylaw, subject to the following statements, regulations, requirements, conditions and limitations.

(2)

A special permit application for a ME shall include the following:

The name and address of each owner of the ME;

Copies of all required licenses and permits issued to the applicant by the Commonwealth of Massachusetts and any of its agencies for the marijuana establishment;

Evidence of the applicant's right to use the site of the ME for the ME use, such as a deed, or lease;

If the applicant is a business organization, a statement under oath disclosing all of its owners, shareholders, partners, members, managers, directors, officers, or other similarly-situated individuals and entities and their addresses. If any of the above are entities rather than persons, the applicant must disclose the identity of the owners of each such entity until the disclosure contains the names and addresses of individuals;

Proposed security measures for the ME, including lighting, fencing, gates and alarms, surveillance cameras, etc., to ensure safety and security from theft or fire. Such measures shall be sent by the applicant to the Police and Fire Chiefs for review and comment.

Mandatory findings.

(1)

The Zoning Board of Appeals shall not issue a special permit for a ME unless it finds that:

The facility is designed to address any environmental, visual, noise, odor, traffic or economic impacts on abutters and other "parties in interest," as defined in M.G.L. c. 40A, § 11;

The facility demonstrates that it has met all the permitting requirements; and

The applicant has satisfied all of the general and special permit requirements of this section and § 164-44.

Severability. The invalidity of any section or provision of this section shall not invalidate any other section or provision thereof.

[1]

Editor's Note: The provisions of former § 164-40.4, Temporary moratorium on recreational marijuana establishments and marijuana retailers, added 5-8-2017 ATM, Art. 42, expired 6-30-2018.