[Amended 4-1-2006 by
Art. 18]
No building, structure, or land shall be used or occupied, in
whole or in part, except for one or more of the purposes permitted
in its district (inclusive of purposes permitted in any overlay district,
now existing or hereinafter adopted).
[Amended 5-24-2021 ATM by Art. 25]
The Table of Use Regulations that follows is part of this bylaw.[1]
A.
A variance
may not authorize a use not otherwise permitted in the district in
which the land or structure is located.
[1]
Editor's Note: The Table of Use Regulations is included as an attachment to this chapter.
A.
Uses permitted by right or by special permit shall be subject to
all provisions of this bylaw, except as otherwise provided in any
overlay district, now existing or hereinafter adopted.
[Amended 4-1-2006 by
Art. 18]
B.
There shall be no use of a building, structure, or land in any district for a purpose that is injurious, dangerous, noxious, or offensive to the community by reason of the emission of odors, waste fumes, dust, smoke, vibration, noise, light radiation, or other causes (see Subsection J).
C.
The open display or open storage of junk shall be prohibited in all
districts, including but not limited to unregistered automobiles,
worn out, cast off, or discarded articles and materials that are ready
for destruction or have been stored or collected for salvage or conversion
into some other use.
D.
Trailers and mobile homes.
(1)
No trailer or other vehicle designed or used for living or office
purposes, whether on wheels or otherwise, and including so-called
"mobile homes" shall hereafter be allowed to remain in the Town for
a total of more than 30 days in any twelve-month period except when
stored; provided, however, the Zoning Board of Appeals may permit
such use as a temporary use for a longer period. No "mobile home park,"
as defined in Massachusetts General Laws Chapter 140, shall be permitted
in the Town. This subsection shall not apply to trailers being used
in connection with an active construction project and which may be
allowed with the permission of the Building Inspector.
[Amended 4-6-1991 by
Art. 49; 4-30-2018 ATM by Art.
19]
(2)
This bylaw shall not shall prohibit the owner or occupier of
a residence that has been destroyed by fire or other natural holocaust
from placing a mobile home on the site of such residence and residing
in such home for a period not to exceed 12 months while the residence
is being rebuilt. Any such mobile home shall be subject to the provisions
of the State Sanitary Code.
[Amended 4-3-1982 by
Art. 13; 4-30-2018 ATM by Art.
19]
(3)
Except for those trailers approved by the Building Inspector
in connection with an active construction project, in addition to
the requirements for a special permit, any trailer or any nonoperative
or unregistered motor vehicle, regardless of its use, remaining in
any business or light industry district for more than 30 days shall
be subject to all provisions of this bylaw and all rules and regulations
pertaining to buildings or structures in that district.
[Amended 4-6-1991 by
Art. 49]
E.
The following regulations apply to the use of a portion of a one-family
dwelling in any "R" District for a home occupation:
(1)
No more than one nonresident shall be employed therein at any
given time.
(2)
Not more than 600 square feet of total floor area shall be devoted
to such use and the use is carried on strictly within the permitted
structure.
[Amended 5-12-2012; 5-21-2012 by Art. 24]
(3)
There shall be no display of goods, wares, or materials of the
occupation visible from the lot line, except for the temporary or
seasonal open-air storage of fishing boats or of fishing and lobstering
equipment owned and used by a resident of the premises.
(4)
There shall be no advertising on the premises except as provided for in § 300-6.4 of this bylaw.
(5)
The buildings shall not be rendered objectionable or detrimental
to the residential character of the neighborhood due to their exterior
appearance, and shall have no odor, gas, smoke, dust, noise, or electrical
disturbance observable at the lot line, and shall include no features
of design not customary in residential buildings.
F.
Enclosure of uses.
(1)
In a business district all uses permitted as a right or permissible
on special authorization, and all uses accessory thereto, shall be
conducted within a completely enclosed building, except the following:
(a)
Uses permitted as right or permissible on special authorization
in any residential district.
(b)
The dispensing of fuel and lubricants at an auto service station.
(c)
The dispensing of food, beverages, or goods at a drive-in or
stand.
(d)
Automobile parking lots.
(e)
Boat yard, open air boat sales area, boat livery, or marina.
(f)
Exterior signs as herein permitted.
(g)
The open display or storage of goods, products, materials, or
equipment in connection with the main use conducted in a completely
enclosed building on the same premises, subject to the condition that
no portion of the open use extends nearer to any street or lot line
than the corresponding yard requirements specified for buildings in
the same district. This requirement shall not apply in the VB District,
where the open display of goods, products, materials or equipment
on public sidewalks shall be allowed on a temporary basis provided
that, in the opinion of the Building Inspector, such display is routinely
removed outside of normal business hours and does not constrain the
usable width of the sidewalk to less than four feet nor interfere
with adequate pedestrian passage on the sidewalk. This requirement
shall also not apply in any business or light industry district where,
for a period commencing on the fourth Friday in November of any year
and subject to complete removal not later than December 31 of the
same year, holiday trees, wreaths, swags, and similar natural decorations
may be stored, displayed and sold whether or not they are connected
with the main use of the enclosed building on the same premises provided
that setback and green strip conditions are observed.
[Amended 4-6-1991 by
Art. 49; 11-13-2007 by Art. 4]
(2)
In a light industry district all uses permitted as of right
or by special permit may be conducted within or without a completely
enclosed building.
G.
In all districts, all lights and other sources of illumination (whether
interior or exterior) and all intense lights emanating from operations
or equipment (such as from an acetylene torch) shall be shielded from
direct view at normal eye level.
H.
No parking for an industrial district and no vehicular access in
an industrial district shall be on land that is zoned other than industrial.
Vehicular access in an industrial district shall be over a public
way.
J.
The following regulations apply to manufacturing or other industrial
use of any lot in the Light Industry District:
(1)
The proposed uses shall not emit any smoke of a shade darker
than No. 2 on the Ringelmann Smoke Chart as published by the U.S.
Bureau of Mines;
(2)
No air pollution particle concentrations shall exceed 0.3 grain
per cubic foot;
(3)
Inflammable or radioactive liquids shall be stored according
to the provisions of the Occupational Safety and Health Administration
standards;
(4)
The discharge of wastes shall be into a system subject to the
written approval of the Cohasset Board of Public Health and/or Sewer
Commissioners;
[Amended 5-24-2021 ATM by Art. 28]
(5)
Vibration shall not exceed the safe range of Table 7, U.S. Bureau
of Mines;
(6)
There shall be no unusual or objectionable odor or noise and
no direct or sky-reflected glare shall be permitted.
K.
A bed-and-breakfast establishment and/or house shall be located within
an existing single-family, owner-occupied detached dwelling.
[Amended 3-28-1998 by
Art. 27]
L.
No apartment to be created in the Downtown Business District or Village
Business District may be constructed on the first floor of a building
or structure. Apartments in this district may only be created in connection
with a commercial use which is located on the first floor of the structure.
[Amended 11-17-2003 by
Art. 17; 3-31-2007 by Art. 14]
M.
All residential uses shall be subject to § 300-5.4.
[Amended 3-27-2004 by
Art. 7; 4-1-2006 by Art. 18]
N.
Inclusionary zoning. In any residential development containing five
or more units within any district and under any portion of the bylaw,
a minimum of one unit or 10% of the total number of dwelling units,
whichever is greater, shall be required to be "local action units"
(as defined in 760 CMR 56) in accordance with the standards and conditions
set forth in 760 CMR 56, so as to be eligible for inclusion within
the "subsidized housing inventory" (as defined in 760 CMR 56) of the
Town. In the event that the 10% calculation results in fractional
units, there shall be a rounding up to the nearest whole number.
[Amended 4-1-2006 by
Art. 13; 11-13-2007 by Art. 4; 5-1-2017 ATM by Art. 25]
(1)
Fees
in lieu of units option. If authorized by the Planning Board as an
alternative to the requirements indicated above, an applicant may
contribute to the established "Cohasset Affordable Housing Trust,"
to be used for the development of affordable housing in lieu of constructing
and offering affordable units within the locus of the proposed development
or at an off-site locus.[2]
(2)
Calculation
of fee in lieu of units. For the purposes of this bylaw the fee in
lieu of the construction or provision of affordable units will be
determined as a per-unit cost as calculated from regional construction
and sales reports. The SPGA will make the final determination of acceptable
value.
[Amended 4-30-2018 ATM
by Art. 19]
(3)
Schedule
of fees in lieu of units payments. Payments shall be made according
to the schedule set forth below. Upon receipt of the payment the Cohasset
Affordable Housing Trust shall notify the Planning Board office and
the Building Inspector. One-half of the cash contribution shall be
made prior to the issuance of a building permit for a project. The
remainder of the cash contribution shall be made prior to the issuance
of a certificate of occupancy for the project. If a temporary certificate
of occupancy is sought by the applicant 10% of the balance of the
remaining cash contribution shall be paid prior to the issuance of
such temporary certificate of occupancy with the remaining balance
being paid prior to the issuance of the final certificate of occupancy.
[Amended 4-30-2018 ATM
by Art. 19]
(4)
If
a specific provision of this bylaw or of applicable state or federal
law requires a greater number or percentage of "local action units"
or so-called "affordable housing units" than required by this provision
(for example, MGL c. 40B), then the greater requirement shall control.
[Amended 5-24-2021 ATM by Art. 27]
O.
Medical marijuana treatment center.
[Added 4-28-2014 ATM
by Art. 24]
(1)
The special permit granting authority (SPGA) may grant a special permit for a medical marijuana treatment center/registered marijuana dispensary (RMD) only if all applicable requirements of this Zoning Bylaw are satisfied, including without limitation the requirements of § 300-12.4, in addition to the following requirements:
(b)
Signs.
[2]
Use of medical symbols, images of marijuana, related paraphernalia
and colloquial references to cannabis and/or marijuana is prohibited
from use in RMD signage.
[3]
The RMD shall not display on the exterior of the facility advertisements
for marijuana or any brand name and may only identify the building
by the registered name.
[4]
The RMD shall not use graphics related to marijuana or paraphernalia
on the exterior of the RMD or the building in which the RMD is located.
[5]
Use of any statement, design, representation, picture, or illustration
that encourages or represents the use of marijuana for any purpose
other than to treat a debilitating medical condition or related symptoms
is prohibited in RMD signage.
[6]
Use of any statement, design, representation, picture, or illustration
that encourages or represents the recreational use of marijuana is
prohibited in RMD signage.
[7]
Use of any statement, design, representation, picture, or illustration
portraying anyone under 18 years of age is prohibited in RMD signage.
(c)
The RMD shall comply with all applicable off-street parking and loading regulations in Article 7 of this bylaw.
(d)
No RMD shall be sited within a radius of 500 feet of a school,
day-care center, or any facility in which children commonly congregate.
The five-hundred-foot distance shall be measured in a straight line
from the nearest point of the facility in question to the nearest
point of the proposed RMD.
(e)
No marijuana may be ingested by anyone in any way at a RMD,
except as authorized pursuant to 105 CMR 725.105(N)(8) for the purposes
of teaching use of vaporizers or demonstration of use of other products
as necessary.
(f)
All dispensing, cultivation, preparation and storage of marijuana
shall occur only in an enclosed, locked indoor area.
(g)
The RMD shall comply with all security requirements set forth
in 105 CMR 725.110.
(h)
The RMD may not sell any products other than marijuana, including
MIPs, marijuana seeds and other products such as vaporizers that facilitate
the use of marijuana for medical purposes.
(i)
Access to the RMD shall be limited to those authorized pursuant
to 105 CMR 725.110(A)(1).
(2)
In deciding whether to grant a special permit for a RMD, the
SPGA may consider whether the applicant has entered into a host agreement
with the Town and if so, the terms of such host agreement.
(3)
The SPGA may condition the grant of a special permit for a RMD
without limitation upon operation of the RMD only on certain days
of the week and/or during certain hours of the day.
(4)
The SPGA may condition the grant of a special permit for a RMD
without limitation upon the requirement that the effectiveness of
the special permit be limited to a certain time period and that the
applicant be required to apply to the SPGA for renewal of the effective
period of the special permit in order to continue operating the RMD.
(5)
Exclusion of other marijuana uses. Any establishment 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 shall not be permitted
if such establishment has not been properly registered and licensed
in accordance with applicable state and local laws and regulations,
or is not operated as a not-for-profit entity, or otherwise fails
to meet the definition of a medical marijuana treatment center.
(6)
Exclusion of accessory uses. In no case shall the acquisition,
cultivation, possession, processing, transfer, transportation, sale,
distribution, dispensing, or administration of marijuana, products
containing or derived from marijuana, or related products be considered
accessory to any use.
P.
Hardship cultivation of medical marijuana.
[Added 4-28-2014 ATM
by Art. 24]
(1)
The hardship cultivation of marijuana under a hardship registration
in any zoning district shall occur only in compliance with all of
the requirements of 105 CMR 725.035.
(2)
Cultivation and storage of marijuana under a hardship registration
shall occur only in the primary residence of the registered qualifying
patient or personal caregiver;
(3)
Cultivation and storage of marijuana under a hardship registration
shall not occur in any accessory building or in the yard or other
area outside the primary residence of the registered qualifying patient
or personal caregiver;
(4)
Cultivation and storage of marijuana under a hardship registration
shall be in an enclosed, locked, indoor area accessible only to the
registered qualifying patient or his or her personal caregiver(s).
(6)
The hardship cultivation of marijuana under a hardship registration
in any zoning district shall occur only in compliance with all applicable
building, sanitary and safety codes and shall be conducted in a safe
manner that does not endanger the public health, safety or welfare
or create a risk of fire or public nuisance.
(7)
The hardship cultivation of marijuana under a hardship registration
in any zoning district shall not occur within the common area of any
multifamily residential use.
(8)
The Building Inspector as zoning enforcement officer pursuant to Article 12 of this bylaw may inspect the cultivation and/or storage site of a registered qualifying patient with a hardship cultivation registration, or the cultivation site of his or her personal caregiver(s), at any time. Acceptance of a hardship cultivation registration by a registered qualifying patient constitutes consent for such inspection of the cultivation and/or storage site.
(9)
All registered qualifying patients or their personal caregivers
shall provide annual written notice to the Building Inspector that
they are engaged in the hardship cultivation of marijuana. Such written
notice shall state the address at which the hardship cultivation or
storage of marijuana is occurring and the specific enclosed, locked
area accessible only to the registered qualifying patient or his or
her personal caregiver(s) in which the hardship cultivation or storage
of marijuana is occurring.
Q.
Marijuana establishments prohibited. Pursuant to MGL c. 94G, § 3,
all types of marijuana establishments, as defined by MGL c. 94G, § 1,
and as may otherwise be defined by Massachusetts law or regulation,
including without limitation all marijuana cultivators, marijuana
testing facilities, marijuana product manufacturers, marijuana retailers,
on-site consumption at a business location, all other types of licensed
marijuana-related businesses, and the conducting of any such activity
for commercial purposes by whichever name used, shall be prohibited
within all zoning districts and the Town of Cohasset. This prohibition
shall not be construed to affect the medical use of marijuana as expressly
authorized by the provisions of Chapter 369 of the Acts of 2012 and
105 CMR 725.000.
[Added 4-30-2018 ATM
by Art. 22]
R.
Temporary
structure. In any business district the special permit granting authority
may authorize by special permit a temporary building or structure
not in conformity with the provisions of this bylaw, provided that
such permit will not be detrimental or injurious to persons, property,
or improvements in the vicinity and the Town. Such authorization shall
not be for more than one year nor be extended.
[Added 5-1-2023 ATM by Art. 24[3]]
