[Amended 5-7-2018 ATM
by Art. 42]
A. 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.
B. 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.
C.
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:
1. 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.
2. No excavation may be closer than 10 feet to the seasonal high groundwater
table.
3. No special permit shall be issued for more than three years.
4. Proposed methods to control noise and dust. Hours of operation shall
be limited to between 7:00 a.m. and 5:00 p.m.
5. Filling with debris, stumps, or hazardous materials is prohibited.
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.
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.
A. 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]
B. 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.
C. 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.
D. 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.
A. 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.
B. 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]
C.
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]
1. Trailers
may not be occupied.
2. Trailers
must be screened from all street frontages by landscaping, fencing
or other means.
3. 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.
4. Trailers
may not contain hazardous materials unless approved by the Orleans
Fire Chief, and shall be posted on the door if required.
5. Trailers
shall not have electricity, heating, or refrigeration.
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All trailers must comply with this subsection by May 12, 2016.
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A. Existing dwellings may be converted to multiple dwellings of not
more than three (3) apartments subject to the provisions herein.
B. 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.
C. There shall be living quarters of not more than two (2) stories above
finished grade level and none below said level.
D. 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.
E. 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.
F. The sewage disposal system shall be approved by the Board of Health
before a permit may be granted for any such remodeling.
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.
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:
A. Adequacy of the site, in terms of size, for the proposed use.
B. Suitability of the site for the proposed use.
C. Impact on traffic flow and safety.
D. Impact on the neighborhood visual character, including views and
vistas.
E. Adequacy of the method of sewage disposal, source of water and drainage.
F. Adequacy of utilities and other public services.
[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]
A. 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.
B.
Dimensional Requirements.
1. Lot Area and Density
a. 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
b. 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
c. 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).
2. 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:
a. For each (one) 1-bedroom dwelling unit - 1 additional (one) 1-bedroom
dwelling unit;
b. For each Affordable Housing Unit1 - 1
additional dwelling unit; and
c. 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.
3. 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.
C. 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.
D. 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.
E. 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.
F.
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:
1. 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.
2. 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:
a. An increase in the number of residential units such that it would
exceed the number of residential units originally approved.
b. A decrease of more than 10% of the aggregate amount of parking that
was originally approved.
c. 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.
3. Any Master Plan Special Permit granted under this section shall be subject to the expiration provisions of §
164-44. Special permits. E.
4. 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.
[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:
1. General Requirements
a. A site plan shall be submitted and reviewed as provided in §
164-33.
b. Architectural Review Committee approval is required, as provided in §
164-33.1
c. 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.
2. Village Center District
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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:
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a. In mixed use buildings, first floor units fronting on streets shall
be reserved for commercial uses.
b. 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.
c. In the event of a corner lot the Site Plan Review Committee shall
determine which street frontage will be the primary street frontage.
d. At least 30% of the floor area on the parcel shall be used for commercial
purposes.
e. 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.
3. Other Business Districts
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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:
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a. At least 30% of the floor area on the parcel shall be used for commercial
purposes.
[Amended 10-31-2020 STM by Art. 36]
c. Off-street parking shall be provided for the dwelling units as per
requirements of this chapter.
d. 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.
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1 Up to four (4) units may be allowed, see Section 164-19.1. E.
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[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]
I. 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.
A. 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.
B. The provisions of this section shall apply to:
1.
Any project that requires a special permit.
2.
Any new construction and any addition or alteration to existing
structures which expands the gross floor area 1000 square feet or
more.
3.
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.
4.
Any activity that would affect drainage, utilities, lighting
or sewage disposal requirements.
5.
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.
C. 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.
A. 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.
B. 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.
C. 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.
1.
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:
a.
completed application form
b.
plot plan (copy of Assessor's Map is acceptable)
c.
sketch of proposed development showing buildings, improvements,
parking and other features which may be of assistance to the Committee
in understanding the proposal.
2.
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.
3.
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.
D. FORMAL REVIEW.
1.
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.
2.
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:
a.
completed application form
b.
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:
3.
existing and proposed structures, fences, and walls
4.
existing and proposed topography at 2' contour intervals
5.
walkways, driveways, parking areas, loading and service areas,
parking space dimensions, screening
6.
proposed landscaping showing the size, type and location of
plantings
7.
on-site wells, water lines and all other underground utilities
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.
c.
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.
3.
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.
4.
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.
5.
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.
6.
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.
7.
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.
8.
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.
A. 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.
B. 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.
C. 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]
D. 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.
E. 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.
F. 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.
G. New driveways shall oppose existing ones where offsets of 100 feet cannot be attained. See Section
164-34, C-4.
H. 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.
I. 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]
J. Sight distance at site driveways shall be in accordance with Section
164-34, C-4.
K. 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]
V. SITE PLAN REVIEW COMMITTEE. The Site Plan
Review Committee shall consist of the following officials or their
designees:
B. Director of Planning and Community Development
D. Conservation Administrator
E. Highway/Disposal Area Manager
H. 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.
A. 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]
1. 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.
B. 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.
[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.
A. 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.
B. 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.
C. 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]
D. 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]
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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]
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(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.
a.
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.
b.
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.
c.
Photographs. Polaroid or other photographs of the site and abutting
properties shall be required.
d.
Samples. Samples of exterior building materials including color
shall be part of the application.
e.
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]
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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.
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(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.
E. 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.
A. 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]
B. 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.
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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]
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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]
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(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.
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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.
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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]
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(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.
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Parking space reduction of greater than 20% shall require a Special Permit from the Board of Appeals, pursuant to Section 164-44.
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Table of Minimum Requirements
[Amended 5-13-1996 ATM, Art. 25]
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RESIDENTIAL
|
---|
TYPE OF USE
|
REQUIRED NUMBER OF SPACES
|
---|
Dwelling unit having 2 or more bedrooms
|
2 spaces
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Dwelling unit having fewer than 2 bedrooms
|
1 space
|
Home occupation
|
Additional spaces may be required by the Board of Appeals
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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
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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
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Parking spaces adequate to accommodate all normal demand shall
be provided as determined by the Building Commissioner after consultation
with the Planning Board
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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
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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.
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Indoor place of assembly with seating including theaters, auditoriums,
assembly halls, arenas and convention centers
|
1 space for every 4 seats
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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
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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.
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Laundromat
|
1 space per 2 machines
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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.
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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.
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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)
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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.
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C. 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]
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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.
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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.
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D. 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]
E. 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.
[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]
A. 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.
B. Definitions - As used in this section, the following terms shall
have the meanings indicated.
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.
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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.
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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.
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C. 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.
D. 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.
E. 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.
F. 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.
G. 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.
H. 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.
I. 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
a. subdivision identification signs at entrance to subdivisions or
b. signs allowed in public display areas as designated by the Board
of Selectmen, or
c. 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.
(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.
(8) Sandwich board or A-frame type signs that exceed six (6) square feet
in area.
J. 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:
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Setback from property Line
(feet)
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Maximum Height for Freestanding Sign
(feet)
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*Maximum Sign Area Signs
(feet)
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---|
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1 - 3
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3
|
6
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3 - 10
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6
|
15
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10 - 25
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10
|
32
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Over 25
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12
|
60
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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.
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(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.
K. 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.
L. 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.
M. Lighting of Signs. Lighted signs shall conform with the Outdoor Lighting Bylaw, Chapter
122 of the Orleans General Code.
N. 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.
[Added 5-10-2004 ATM, Art. 23]
A. 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.
B. Applicability. Any application to erect a structure that utilizes
energy from the wind shall comply with this section.
C. 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.
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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.
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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.
D.
Requirements.
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. Fencing. Shall be provided to control access to the site of the wind
turbine and related structures.
7. 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.
8. 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.
9. 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.
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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.
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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.
[Added 10-16-2017 STM,
Art. 14]
A. Purpose. To encourage employment and small business growth by providing
a broad range of food choices to the public.
B. 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.
C. 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.
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.
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:
A. 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.
B. 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.
C. 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.
D. 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.
E. Special requirements for formula-based restaurants.
[Added 5-7-2012 ATM, Art. 25]
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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.
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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:
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(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.
[Added 5-19-1997 ATM, Art. 29]
A. 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.
B. Exemptions.
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The following uses and activities are specifically exempt from
this bylaw.
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(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.
C. 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.
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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.
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Communication towers and monopoles shall provide a minimum setback
equal to the height of the structure plus 100 feet from any residential
zoning district.
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The setbacks for a communication building shall comply with the setback requirements of the underlying zoning district unless otherwise regulated by section 164-22F.
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(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.
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The following are maximum height restrictions for all communication
structures and appurtenances.
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(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.
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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.
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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.
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(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.
D. Procedures
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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.
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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:
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(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.
[Added 5-8-2000 ATM, Art. 17]
A. 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.
B. 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.
[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]
A. 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.
B. 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.
[Added 5-8-1990 ATM, Art. 42]
A. 0bjectives.
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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.
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B. 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]
C. Procedure.
[Amended 5-9-2005 ATM, Art. 32]
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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.
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The Planning Board shall require the submittal of a plan showing
the subdivision of the property in both clustered and conventional
fashion.
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D. Design Standards for Open Space Residential Developments.
1. Housing Type. Only detached, single-family dwellings shall be allowed.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
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Open space shall be planned as contiguous areas wherever possible,
including buffers around wetlands or boundaries of the parcel.
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Designated open space shall be conveyed to:
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(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.
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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.
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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.
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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.
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7. 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]
[Added 11-18-1991 STM, Art. 3]
A. 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.
B. 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.
C. Parking for Educational, Municipal and Religious Uses.
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All of the provisions of § 164-34, including the dimensional and design requirements for parking, shall apply to educational, municipal and religious uses.
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[Added 5-12-2014 ATM, Art. 29]
A. 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.
B. 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.
C. 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.
D. 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.
E. 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:
a)
the name and address of each owner of the facility;
b)
copies of all required licenses and permits issued to the applicant
by the Commonwealth of Massachusetts and any of its agencies for the
Facility;
c)
evidence of the Applicant's right to use the site of the Facility
for the Facility, such as a deed, or lease;
d)
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;
e)
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.
F. Mandatory Findings.
(1)
The Zoning Board of Appeals shall
not issue a special permit for a Medical Marijuana Facility unless
it finds that:
a)
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;
b)
the Facility demonstrates that it will meet all the permitting
requirements; and
c)
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.
G. 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.
[Added 10-29-2018 STM by Art.
7]
A.
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 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.
B. 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.
C. 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.
D. 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.
E.
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:
a.
The name and address of each owner of the ME;
b.
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;
c.
Evidence of the applicant's right to use the site of the ME
for the ME use, such as a deed, or lease;
d.
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;
e.
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.
F.
Mandatory findings.
(1)
The Zoning Board of Appeals shall not issue a special permit
for a ME unless it finds that:
a.
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;
b.
The facility demonstrates that it has met all the permitting
requirements; and
c.
The applicant has satisfied all of the general and special permit requirements of this section and §
164-44.
G. Severability. The invalidity of any section or provision of this
section shall not invalidate any other section or provision thereof.