The lawful use of any structure of land existing at the time of enactment or subsequent amendment of this bylaw may be continued although such structure or use does not conform with provisions of the bylaw, subject to the following conditions: [Note: MGL c. 40A, § 6 attached (last few pages).[1]]
A. 
Alteration or extension. No addition to or increase in the extent of a nonconforming use of a structure or land may be made, except that the Zoning Board of Appeals may grant a special permit for expansion of existing campgrounds, mobile home parks, motels or motor courts, and cottage colonies using only those parcels employed at the time the use was made nonconforming.
B. 
Restoration. In case of destruction or damage by fire or other catastrophe, a legally nonconforming structure may be rebuilt in substantially the form it had at the time of the destruction or damage, or in any form if within applicable setback requirements in accordance with existing building code requirements, and not larger than previously (provided that reconstruction is started within 12 months and completed within 24 months of the catastrophe).
C. 
Changes. A nonconforming use may be changed to a more nearly conforming use; and once changed to a more nearly conforming or conforming use, no structure or land shall be permitted to revert to a less conforming use.
D. 
Discontinuance or abandonment. A nonconforming use, which has been abandoned, shall not be reestablished. Any nonconforming use discontinued for a period of two years or more shall not be reestablished, and any future use shall conform with this bylaw, unless reestablishment is authorized by special permit from the Zoning Board of Appeals, upon its determination that the discontinuation occurred despite good faith efforts of the owner to reestablish the use within two years, and that reasonable efforts will be made to mitigate any harmful impact upon the vicinity.
[Amended 4-30-1985 ATM by Art. 20]
E. 
Alterations to nonconforming single- or two-family residential structures.
(1) 
Nonconforming single- or two-family residential structures may be altered if:
(a) 
The Building Inspector determines that the alteration will not increase the nonconforming nature of the structure; or
(b) 
If the alteration will increase the nonconforming nature of the structure, the Zoning Board of Appeals issues a special permit after determining that the alteration is not substantially more detrimental to the neighborhood than the existing nonconforming structure.
(2) 
Conforming single- and two-family residential structures located on nonconforming lots may be altered if:
(a) 
The structure after the alteration will continue to conform; or
(b) 
If the structure after the alteration will not continue to conform, the Zoning Board of Appeals issues a special permit after determining the alteration is not substantially more detrimental to the neighborhood than the existing nonconforming use.
(3) 
Permits issued under Subsection E(1)(b) and E(2)(b) of this section shall be subject to the provisions of § 235-8.4B(4) and § 235-8.4C(5) of this bylaw. In making the determination to issue the permit, the Zoning Board of Appeals may consider other criteria in § 235-8.4B.
(4) 
For purposes of this section:
(a) 
"Alteration" means any alteration, reconstruction, extension, structural change, or replacement; and
(b) 
An "increase in the nonconforming nature of the structure" means any alteration that results in an increase in the volume of that portion of the structure presently nonconforming.
[1]
Editor's Note: See Appendix B, included as an attachment to this chapter.
No accessory building or structure, except a shed, permitted sign or a temporary roadside stand, shall be located within a required front or side yard area or nearer to the rear lot line than 10 feet. Sheds, as defined in Article II of this bylaw, must be located a minimum of 30 feet from the front line and five feet from the side and rear lines. The door or access to a shed must be to the inside of the property on which it is located if a shed is located within 25 feet of the side lot line or 10 feet of the rear lot line.
[Amended 4-30-1985 ATM by Art. 66]
A. 
Any building hereinafter constructed or converted to another use shall be so located on its parcel of land that there may be provided adequate off-street parking areas in conformance with the following minimum standards:
Use
Spaces Required
Stores - retail business
At least 2 spaces for each establishment or 1 space for each 150 square feet of floor area, whichever is larger, plus 1 space for each 3 employees or nearest multiple thereof.
Banks and similar business
1 space for each 150 square feet of floor area plus 1 space for each 3 employees or nearest multiple thereof.
Inns, motels, tourist homes, etc.
1 space for each 2 sleeping accommodations plus 1 space for each 3 employees. Each double bed to be considered 2 sleeping accommodations.
Theaters, funeral homes and places of assembly
1 space for each 4 seats.
Restaurants - places serving food or beverages
1 space for each 4 seats plus 1 space for each 3 employees or nearest multiple thereof.
Residential areas
2 spaces for each individual dwelling unit; except in the case of apartments, where 1 1/2 spaces shall be provided for each unit.
Nonresidential uses
In all other cases of nonresidential uses in a residential area, there shall be provided at least 1 space for each 3 employees plus 1 space for each 150 square feet of gross floor area.
Industrial, manufacture and wholesale uses
1 space for each 3 employees based on the maximum number of employees the plant is designed to employ.
Bowling alleys
4 spaces for each alley.
Guest house
1 space for each sleeping room.
Health care clinic, medical or dental center or professional offices
4 spaces for 800 square feet of floor area plus 1 space for each 2 employees.
Bed-and-breakfast
In addition to the requirements for 2 parking spaces for each individual dwelling unit as specified above, 1 parking space shall be provided for each bedroom in a new bed-and-breakfast and for each bedroom added to an existing bed-and-breakfast.
B. 
Development of significant impact.
(1) 
Applicants for special permits for uses so controlled and which involve required parking for 10 or more cars, or involve more than 4,000 square feet floor area of new construction or for any adult entertainment use regulated herein under § 235-6.20 or uses in the Main Street Overlay District herein under § 235-9.2 and regardless of floor area or the number of parking spaces, shall submit to the Zoning Board of Appeals three copies of the following:
(a) 
An application;
(b) 
A site plan prepared by an architect, landscape architect, or registered professional engineer, showing proposed structures, drives, parking, landscaping, screening and drainage;
(c) 
A ground floor plan and elevation of all proposed building and elevations of proposed signs; photographs of the premises and all adjoining structures.
Forthwith upon receipt of the above materials, the Zoning Board of Appeals shall transmit one set of them to the Planning Board for its review and recommendation.
[Amended 4-25-2006 ATM]
(2) 
Other uses. Parking requirements for all other uses not specifically mentioned shall be determined by the Zoning Board of Appeals for those uses controlled by special permit and by the Selectboard or by the Inspector of Building appointed by the Board for those allowed uses unless such use is subject to the provisions of § 235-6.3B of this bylaw.
(3) 
Central District parking. Lots that are partly within the Central District and partly within the R1 Residential District may use the R1 portion of their lot for parking with a special permit from the Zoning Board of Appeals, provided that adequate measures are taken to mitigate any adverse impact on abutting properties. Such mitigation may include, but not be limited to, fencing or screening to control the visibility of the parking, access to the parking area that protects public safety and is consistent with existing traffic patterns and flow.
C. 
Developer-funded impact studies for "development of significant impact." The following developer-funded impact studies shall be required for "developments of significant impact" unless deemed unnecessary by the involved Town board(s):
(1) 
A traffic impact study to determine the development's effect on road traffic-carrying capacity, road physical environment, and traffic and pedestrian safety.
(2) 
A financial impact study to determine the development's effect on public service expenditures for administrative, police, fire, school and road maintenance services.
D. 
Egress.
[Added 9-22-1986 STM by Art. 33]
(1) 
Any driveway likely to carry more than 200 trips per average summer business day must comply with the following unless the Zoning Board of Appeals grants a special permit for an alternative configuration, upon its determination that safety will be adequately protected, based on commonly employed engineering standards, or unless the Massachusetts Department of Public Works[1] imposes requirements precluding compliance:
On Route 6
Other Locations
Exiting vehicle unobstructed sight distance at edge of traveled way
350 feet
200 feet
Driveway center line separation from other driveway serving 100+ trips
275 feet
100 feet
Driveway center line separation from intersecting street sideline
150 feet
50 feet
Maximum driveway width unless greater width justified by engineered design
24 feet
18 feet
Minimum curb radius
50 feet
25 feet
Acceleration/deceleration lanes required
Yes
No
[1]
Editor's Note: Now the Massachusetts Department of Transportation (MassDOT).
(2) 
No existing parcel shall be divided into lots with frontage, which would preclude meeting the driveway separation requirements, unless access rights-of-way are deeded to enable shared egress.
Berths shall be provided for the loading and unloading of stock, merchandise, equipment, supplies and other usual business and industrial commodities in accordance with the following conditions:
A. 
Retail store and service establishments: For each retail store or service establishment with gross floor area of from 3,000 to 8,000 square feet at least one berth. Additional berths at the rate of one berth for each additional 8,000 square feet or nearest multiple thereof.
B. 
Manufacturing, industrial and other commercial use: One berth shall be provided for floor area up to 8,000 square feet and for larger floor areas additional berths as required by the Zoning Board of Appeals.
A. 
Windmills shall be permitted by a special permit from the Zoning Board of Appeals. No special permit for a windmill shall be granted unless the Zoning Board of Appeals makes a finding that the windmill complies with the following conditions:
(1) 
The minimum setback distance for all windmills from any abutter's property line shall be at least equal to the maximum height of the machine from grade plus 20 feet. Setbacks will be measured to the center of the tower base.
(2) 
The maximum tower height shall be 65 feet from grade to the center of the rotor.
(3) 
Climbing access to the windmill tower shall be limited either by (I) the installation of a fence with locked gate around tower base or by (II) limiting tower climbing apparatus to no lower than 10 feet from the ground. If a fence is used, it shall be no lower than five feet and constructed in such a manner as to restrict passage through said fence, including such construction as stockade, woven wood, chain link, etc., but excluding split rail.
(4) 
The diameter of a rotor may not exceed 35 feet. The minimum height of the rotor shall not be less than 15 feet from the ground as measured from the lowest point of the arc of the rotor.
(5) 
The windmill shall not generate excessive noise, cause interruption of television or radio station reception or otherwise constitute a public nuisance.
B. 
A windmill will be considered abandoned if not operated for a period of two years or if it is designated as a safety hazard or a public nuisance by the Building Inspector. Once a windmill is designated as abandoned, the owner shall be required to immediately dismantle it.
C. 
For the purposes of the bylaw, the following definitions shall be applied:
WINDMILL
A device which converts wind energy to mechanical or electrical energy.
ROTOR
The blades plus the hub to which the blades of a windmill tower are attached.
D. 
Before applying for a special permit under this section, the applicant shall obtain the Building Inspector's approval of the proposed windmill. The Building Inspector shall approve the proposed windmill upon making the determination that it (I) will not constitute a safety hazard of a public nuisance and (II) complies with the State Building Code and any other applicable law. The Building Inspector's approval required herein shall be in addition to the building permit required by § 235-8.2 of this bylaw.
The Planning Board is hereby designated the special permit granting authority for all cluster residential developments and shall have the power to hear and decide applications for special permits as provided by this section.
A. 
Objective: to allow intensive use of land while at the same time maintaining existing character; preserve open space for conservation and recreation; introduce variety and choice into residential development; meet housing needs; and facilitate economical and efficient provision of public services.
B. 
Application. Applicants shall submit five copies of an application and plans which shall comply with the requirements of the Wellfleet Subdivision Control Regulations[1] and which shall also indicate proposed land and building area, location of common open space and upland area. A registered land surveyor or equivalent licensed professional shall prepare the plans. Preliminary subdivision plans, if any, should be submitted to the Planning Board prior to the application for a special permit. The definitive subdivision plan shall be submitted with the special permit application. The Planning Board shall transmit copies of the application and plans to the Board of Health, Conservation Commission, Fire Department or any other agencies whose review is sought. Those agencies shall submit reports to the Planning Board within 35 days of the referral and the Planning Board shall make no decision upon the application until receipt of all such reports or until 35 days have elapsed. The Planning Board may hold public hearings under MGL Ch. 41, the Subdivision Control Law, and the special permit simultaneously.
[1]
Editor's Note: See Ch. 300, Subdivision Regulations.
C. 
Other materials. The application materials shall indicate each landowner's interest in the land to be developed, the form of organization proposed to own and maintain the open space and any common facility, the substance of covenants and grants of easements to be imposed upon the use of land or structures, and a development schedule.
D. 
Minimum area/number of dwelling units. A cluster development shall encompass at least 15 acres of contiguous land. The maximum number of dwelling units per cluster development shall equal the total upland area (minus land for road construction) divided by the minimum lot size in that district; if the development includes land in more than one district, the largest lot size shall be used to calculate the number of units allowed.
E. 
Open space. Open space shall be preserved for recreation or conservation and shall include not less than 25% of the upland within the cluster development. The open space shall either be conveyed to and accepted by the Town or a non-profit organization, the principal purpose of which is the preservation of open space, or a corporation or trust owned or to be owned by the owners of lots or residential units in the development. If such a corporation or trust is used, ownership thereof shall pass with conveyance of the land or residential units. In any case, where such land 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 or developed for accessory uses such as parking or roadways.
F. 
Dimension requirement for cluster development.
Minimum Lot Size
10,000 square feet
Minimum Frontage
No requirement
Minimum Front Yard
No requirement
Minimum Side Yard
No requirement
Minimum Rear Lot
No requirement
Maximum Lot Coverage
15%
Maximum Height
See § 235-5.4E.
Setback from boundary of development: Structures in the cluster development shall be sited to minimize the impact on abutting property; no structure within a cluster may come closer to the boundary of the development than 35 feet. The minimum distance between dwelling units shall be 25 feet. The permitting authority may reduce these dimensional requirements upon clear demonstration that the proposed development offers exceptional advantages.
G. 
Drinking water. The provisions for drinking water to each dwelling unit shall meet all requirements of the Wellfleet Board of Health and the Commonwealth of Massachusetts.
H. 
Wastewater disposal. The provisions for wastewater disposal shall meet all requirements of the Wellfleet Board of Health and the Commonwealth of Massachusetts. No private septage or sewage treatment facility or advanced wastewater treatment equipment shall be used in cluster development.
I. 
Roads.
(1) 
Pervious surfaces may be used except where grades require pavement.
(2) 
Right-of-way for roads may be reduced to 30 feet at the discretion of the Planning Board.
(3) 
Roadway width shall be minimum consistent with access for emergency vehicles.
(4) 
The road layout shall minimize cutting and grading.
(5) 
Other requirements of the Wellfleet Subdivision Control Regulations with regard to road design shall be complied with.[2]
[2]
Editor's Note: See Ch. 300, Subdivision Regulations.
J. 
Utilities and easements. All utilities shall be installed underground. Easements shall be provided for public water, sewers, gas, and, where applicable, telecommunication services. Underwater storage of water for fire protection shall be provided in a manner acceptable to the Wellfleet Fire Department.
K. 
Clearing of site. The site shall not be cleared prior to submission to and review by the Planning Board of a preliminary plan; or, if no preliminary is submitted, prior to submission to and approval by the Planning Board of the definitive plan.
L. 
Design guidelines. Applicants are encouraged to apply, where pertinent, the recommendations for Compact Residential Developments as set forth in pages 44 through 48 of "A Design Guideline Manual for Sustainable Development on Cape Cod," which is available from the Building Inspector, the Town Planner or the Cape Cod Commission.
M. 
Criteria. Special permits for cluster development may be made upon the determination of the Planning Board that the plan meets all requirements of the Zoning Bylaw and is preferable to a conventional grid-type subdivision in preserving open space for conservation or recreation, in utilizing natural features of the land, in allowing more efficient provision of streets, utilities and other public services.
[Added 4-23-2018 ATM by Art. 40]
A. 
Purpose.
(1) 
The purpose of this § 235-6.6.1 of the Wellfleet Zoning Bylaws is to provide a residential development zoning provision with flexible dimensional regulations to encourage efficient site layout that minimizes land consumption and creates opportunities for diversified and affordable housing. The Town wishes to encourage affordable flexible residential design (AFRD) as an alternative to conventional development because AFRD results in creation of more affordable housing for year-round residents, while allowing more design flexibility to encourage more efficient site layout and preservation of contiguous open space.
(2) 
The goals of AFRD are:
(a) 
To encourage and to promote the provision of affordable housing for year-round residents.
(b) 
To allow greater flexibility and creativity in the design of residential developments.
(c) 
To encourage a less sprawling and more efficient form of development that consumes less open land and conforms to existing topography and natural features better than a conventional or grid subdivision.
(d) 
To facilitate the construction and maintenance of streets, utilities, and public services in a more efficient manner.
(e) 
To further housing and land use goals of the Local Comprehensive Plan.
B. 
Definitions. In this § 235-6.6.1, the following terms have the meaning indicated:
AFFORDABLE FLEXIBLE RESIDENTIAL DESIGN ("AFRD")
A residential development in which at least 30% of the base allowable density is composed of affordable dwelling units and buildings are clustered together with allowance for reduced lot sizes and frontage. The land not included in the building lots is preserved as open space. AFRD may include residential subdivisions or residential development where the property is held in condominium or other form of ownership in which the property is not subdivided.
BASE ALLOWABLE DENSITY
The maximum number of lots or units that could be built on a site under a conventional subdivision plan, as demonstrated in a preliminary subdivision plan, in accordance with § 235-6.6.1G.
COMMON OPEN SPACE
Any open space set aside, dedicated, designated, or reserved for use as passive recreation, natural buffers, and active recreation as permitted by this § 235-6.6.1. Common open space shall be contiguous wherever possible and shall not include roadways, parking areas, or private yards.
INCOME-ELIGIBLE HOUSEHOLD
A one or more person household whose maximum income does not exceed 80% of the area median income, adjusted for household size, or as otherwise established by the DHCD Guidelines.
OPEN SPACE
For the purposes of this § 235-6.6.1 of the Zoning Bylaws, open space shall mean any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for use and enjoyment of the owners and occupants of an AFRD, as permitted by this § 235-6.6.1.
C. 
Applicability.
(1) 
AFRD is allowed by special permit under zoning, in accordance with this § 235-6.6.1, for development that proposes to provide at least 30% of the base allowable density number, as determined in accordance with § 235-6.6.1G, as affordable dwelling units for income-eligible households.
(2) 
The minimum area required for an AFRD development is 60,000 square feet of contiguous upland.
(3) 
AFRD is subject to the requirements of the Rules and Regulations Governing the Subdivision of Land, Wellfleet, Mass ("Subdivision Rules and Regulations"),[1] as applicable, except where modification is allowed in accordance with § 235-6.6.1F, and subject to any other generally applicable non-zoning land use regulations. AFRD may be proposed in the NSP, CD, R1, R2, C, and C2 Zoning Districts; except that any AFRD development in the NSP must comply with the Act of Congress of August 7, 1961, which provided for the establishment of the Cape Cod National Seashore and the regulations promulgated thereunder. If subdivision approval is not required because a new roadway is not proposed, an applicant may nevertheless apply for AFRD subject to the requirements of this § 235-6.6.1.
[1]
Editor's Note: See Ch. 300, Subdivision Regulations.
D. 
Special permit granting authority. The Planning Board shall act as the special permit granting authority for AFRD applications. The Planning Board may adopt, and from time to time amend, rules and regulations consistent with the provisions of this § 235-6.6.1, MGL c. 40A and other provisions of the Massachusetts General Laws, and the Subdivision Rules and Regulations, and shall file a copy of said rules and regulations with the Town Clerk.
E. 
Relationship to Subdivision Rules and Regulations. Nothing herein shall exempt a proposed subdivision from compliance with other applicable provisions of the Wellfleet Zoning Bylaws or the Subdivision Rules and Regulations,[2] nor shall it affect the right of the Board of Health to approve, condition or disapprove a subdivision plan in accordance with the provision of such Subdivision Rules and Regulations. In any case where the Subdivision Rules and Regulations conflict with zoning, the Wellfleet Zoning Bylaws govern.
[2]
Editor's Note: See Ch. 300, Subdivision Regulations.
F. 
Modification of subdivision roadway. The Planning Board may reduce applicable subdivision road construction standards (including but not limited to roadway width, center line radii, curbing, cul-de-sac radius, drainage requirements, etc.), and notwithstanding these reductions, subdivision road constructions will not apply to base allowable density calculations in § 235-6.6.1G(2) where, in the opinion of the Planning Board, such reductions will result in enhanced overall site design and provide adequate and safe access for the development.
G. 
Base allowable density.
(1) 
The base number of dwelling units permitted under AFRD shall not exceed that which would be permitted under a conventional ("grid") subdivision that complies with the Wellfleet Zoning Bylaws, Subdivision Rules and Regulations[3] and any other applicable laws and regulations of the Town or the state.
[3]
Editor's Note: See Ch. 300, Subdivision Regulations.
(2) 
To determine the base allowable density, an applicant shall submit a preliminary subdivision plan that demonstrates the allowable base number of units. The Subdivision Rules and Regulations shall apply to the preliminary subdivision plan layout without waivers.
(3) 
The Planning Board may grant a density bonus for additional dwellings in accordance with § 235-6.6.1H. The number of dwelling units shall not exceed the base allowable density except where the Planning Board has granted a density bonus.
H. 
Density bonus. The Planning Board may grant a density bonus in exchange for the provision of deed-restricted affordable housing or lot(s). For each affordable dwelling unit provided under this section, one additional dwelling unit may be permitted.
I. 
Types of residential development. The allowable dwelling units may be developed as single-family or multiple-family dwelling units, provided that the number of dwelling units does not exceed the base allowable density as determined in § 235-6.6.1G, or as allowed in § 235-6.6.1H, where a density bonus is granted.
J. 
Dimensional requirements.
(1) 
Minimum AFRD area. The minimum area for an AFRD development is 60,000 square feet contiguous upland.
(2) 
Minimum lot size. There is no minimum size for lots within an AFRD. The limiting factor on lot size in AFRD is the need for adequate water supply and sewage disposal. Therefore, minimum lot size shall be sufficient to meet Board of Health requirements for disposal of sewage and protection of water supply.
(3) 
Frontage. There is no numerical requirement for road frontage in AFRD. Each lot must have legal, actual and adequate frontage so as to allow vehicular access to a public way or a way approved under Subdivision Rules and Regulations.[4] Actual and adequate frontage shall be determined by the Planning Board.
[4]
Editor's Note: See Ch. 300, Subdivision Regulations.
(4) 
Setbacks. The minimum setback for any building from a property line shall be 10 feet. In no event shall any dwelling be closer than 20 feet to each other. However, all setbacks from the perimeter lot line AFRD area shall be 30 feet for front and rear and 25 feet for sides.
K. 
Site design.
(1) 
Lot arrangement. Lots shall be located in a manner that protects scenic views, wildlife habitat, hilltops, ponds, steep slopes, and other sensitive environmental resources and land of conservation value, while facilitating pedestrian and bicycle circulation.
(2) 
AFRD proposals are required to design the site using the following process:
(a) 
Identify conservation value: areas such as wetlands, buffer zones, habitat, cultural resources, etc. shall be identified and removed from the base allowable density calculations as noted in § 235-6.6.1F.
(b) 
Place the dwellings to maximize residents' access to open space, preservation of views, privacy, etc.
(c) 
Align roads, ways, and trails to provide vehicular and pedestrian access.
(d) 
Draw lot lines around the dwellings, or in the case of a condominium development the designated areas shall be delineated.
(3) 
Shared driveways. Shared driveways serving no more than five dwelling units may be allowed in the AFRD, provided that adequate vehicular access to the site has been provided by a way, or ways, that meets the following criteria:
(a) 
Minimum width: 10 feet, with two-foot clear area on each side and pull-off areas;
(b) 
Maximum grade: 10%;
(c) 
Driveway design can accommodate vehicular travel and provide direct ingress and a rapid response time for emergency vehicles. The Board may require that secondary access be provided for reasons of public safety and convenience.
L. 
Application requirements.
(1) 
Pre-application meeting. A pre-application discussion is required between the applicant and the Planning Board. The purpose of this informal meeting is to introduce the applicant to the AFRD zoning and Subdivision Rules and Regulations and discuss the applicant's objectives prior to developing engineered plans and other application materials.
(2) 
Application materials. Applicants shall submit 16 copies of an AFRD application and plans which shall comply with the submission requirements of the Subdivision Rules and Regulations and which shall also indicate proposed land and building area, location of common open space and upland area. The plans shall be prepared by a team including a registered civil engineer and a registered land surveyor.
(a) 
Preliminary plan and existing conditions plans. Prior to submission of a special permit application, applicants shall submit a preliminary subdivision plan in accordance with the Subdivision Rules and Regulations for the purposes of determining the number of lots/units possible on in the AFRD (i.e., base allowable density), in accordance with § 235-6.6.1F. For this reason, it is recommended that a copy of an existing conditions plan be submitted at this stage. The existing conditions plan shall include but not be limited to existing topography at two-foot contours, wetlands, water bodies and the one-hundred-year floodplain, existing rights-of-way, easements, and existing structures, the location of significant features such as woodlands, tree lines, open fields or meadows, scenic views, watershed divides and drainage ways, fences and stone walls, roads, driveways, and cart paths.
(b) 
Definitive plan. The definitive subdivision plan shall be submitted with the special permit application. Where an AFRD development is not a subdivision of land, the AFRD development plan shall conform to the submission requirements for a definitive plan.
(c) 
Other materials. Applicants shall also include a statement indicating the proposed use and ownership of the open space, where applicable.
(3) 
The Planning Board may conduct the public hearing for the AFRD special permit concurrently with a public hearing for the subdivision in conformity with the provisions of MGL c. 41, §§ 81K - 81GG and the Subdivision Rules and Regulations.
(4) 
Strict compliance with the requirements of these Subdivision Rules and Regulations may be waived when, in the judgment of the Board, such action is in the public interest, and not inconsistent with the Subdivision Control Law. The application for approval of a definitive plan must be accompanied by a written request for waiver of strict compliance with the Subdivision Rules and Regulations, the regulation sought to be waived, the nature and location of the waiver sought, and a statement by the applicant's surveyor or engineer that such waiver is consistent with each of the purposes set forth in § 300-1.3 of the Subdivision Rules and Regulations.
M. 
Approval criteria. The Planning Board may grant a special permit for an AFRD application upon making the following determinations:
(1) 
The proposed development meets the goals and purposes of AFRD.
(2) 
The proposed development is suitable for the proposed location, and the layout of the developed areas, including buildings, roads, and utilities, conforms to the natural features of the parcel, minimizes the amount of land to be disturbed, protects sensitive resources on site, and provides an efficient design of streets and ways and utilities.
(3) 
The proposed development complies with the special permit standards of § 235-8.4B of the Wellfleet Zoning Bylaws.
N. 
Common open space requirements.
(1) 
Required open space. AFRD areas greater than 10 acres shall provide a minimum of 25% of the site area of the parcel as permanently protected open space, except where reduction is allowed, as set forth in § 235-6.6.1N(2) below. Applicants are encouraged to retain natural vegetation for screening, roadway buffers, and natural resource protection to the maximum extent feasible.
(2) 
Applicants are encouraged to include wetlands and water bodies within the open space; however, the amount of wetland that may count towards the open space requirement shall not exceed the percentage of wetland on the entire site under existing conditions. Roadway rights-of-way shall not count toward the area to be provided as open space.
(3) 
The Planning Board may reduce the open space requirement for AFRD proposals with one or more of the following characteristics:
(a) 
The number of affordable units provided exceeds 50% of the base allowable density.
(b) 
The project site is located within a 1/2 mile of Wellfleet Center Historic District or Paine Hollow Historic District.
(c) 
More than 50% of the existing project site is previously disturbed.
(d) 
The project site contains an historic structure(s), and the historic structure will remain in its current location or moved elsewhere on the site.
(e) 
The project is located adjacent to open-space land such as the National Seashore, conservation land, wetland, or similar type open-spaced areas, if the layout of the AFRD benefits outweigh the open-space benefits.
O. 
Permissible uses of open space.
(1) 
Purposes. Open space shall be used solely for passive recreation or conservation purposes by residents. At least 1/2 of the required open space may be required by the Planning Board to be left in a natural state. The proposed use of the open space shall be specified in the AFRD application.
(2) 
Infrastructure in open space. A minimal amount of stormwater infrastructure may be located in the open space area, provided it is designed as low-impact development as defined by the Massachusetts Department of Environment Protection in its regulations and guidance and does not significantly impact the features to be preserved. If the applicant demonstrates to the satisfaction of the Planning Board that there are practical difficulties in locating required septic fields within the areas to be developed, the fields may be located in adjacent parts of the open space, provided the Planning Board finds that such use will not be detrimental to the character, quality, or use of the open space, wetlands or water bodies, and enhances the site plan.
P. 
Open space restriction.
(1) 
Except as provided in § 235-6.6.1P(2), the open space shall be protected with a permanent restriction. The applicant shall provide a permanent restriction or restrictions (conservation, open space or similar) in favor of a government entity, a land trust, homeowners' association, or a not-for-profit organization with a mandate that includes land conservation.
(2) 
In the case of an AFRD that is less than or equal to 10 acres with more limited open spaces to be used primarily by its residents, the Planning Board may accept as adequate protection the combination of homeowners' association, deed or covenant restrictions, and the conditions in the special permit decision.
Q. 
Encumbrances. All areas to be set aside as open space shall be conveyed free of any mortgage interest, security interest, liens or other encumbrances.
R. 
Design requirements. The location of open space provided through this § 235-6.6.1 shall be consistent with the policies contained in the Local Comprehensive Plan and the Open Space and Recreation Plan, as amended from time to time and on file with the Town. The following design requirements shall apply to open space and lots provided through this § 235-6.6.1, as applicable:
(1) 
Open space shall be planned as large, contiguous areas whenever possible. Long thin strips or narrow areas of open space (less than 100 feet wide) shall occur only when necessary for access, as vegetated buffers along wetlands or the perimeter of the site, or as connections between open space areas.
(2) 
Open space shall be arranged to protect valuable natural and cultural environments such as wetland buffers, unfragmented forestland and significant trees, wildlife habitat, open fields, scenic views, trails, and archeological sites and to avoid development in hazardous areas such as floodplains and steep slopes. The development plan shall take advantage of the natural topography of the parcel and cuts and fills shall be minimized.
(3) 
Open space may be in more than one parcel, provided that the size, shape and location of such parcels are suitable for the designated uses.
(4) 
Where the proposed development abuts or includes a body of water or a wetland, these areas and the 100 feet buffer to such areas, as stated in § 141-3 of the Wellfleet Environmental Protection Bylaw, shall be incorporated into the open space. Where appropriate, reasonable access shall be provided to shorelines.
(5) 
The maximum number of house lots compatible with good design shall abut the open space and all house lots shall have reasonable physical and visual access to the open space through internal roads, sidewalks or paths. An exception may be made for resource areas vulnerable to trampling or other disturbance.
(6) 
Development along existing scenic roads and creation of new driveway openings on existing regional roadways shall be minimized.
(7) 
Where a proposed development abuts land held for conservation purposes, the development shall be configured to minimize adverse impacts to abutting conservation land.
S. 
Affordability restriction.
(1) 
As a condition to an AFRD special permit, the applicant shall be required to execute an affordable dwelling restriction ("restriction") for each affordable dwelling unit using DHCD's universal Affordable Housing Deed Rider and governed by the terms and conditions of the DHCD Guidelines. All restrictions shall be for perpetuity or the longest period allowed by law. No certificate of occupancy shall be issued until the applicant has provided proof of recording of the restriction in the Registry of Deeds to the Planning Board and the Building Inspector. Local preference for affordable dwelling units shall be provided to the extent allowed by DHCD Guidelines.
(2) 
It shall be a condition upon every special permit issued under this § 235-6.6.1 that the applicant shall comply with any DHCD regulations under Chapter 40B of the Massachusetts General Laws and the DHCD Guidelines for qualification of the dwelling units created under this Subsection S towards the Town's subsidized housing inventory, including but not limited to the form of the affordable dwelling restriction and regulations concerning tenant selection and marketing, unit design standards, and income eligibility standards and maximum rent or sale price.
T. 
Severability. If any provision of this § 235-6.6.1 is held invalid by a court of competent jurisdiction, the remainder of § 235-6.6.1 shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this § 235-6.6.1 shall not affect the validity of the remainder of the Wellfleet Zoning Bylaws.
No activity shall be permitted in any district of the Town unless its operation is conducted so that any noise, vibration, flashing, cinders, dust, fumes, gasses, odors, smoke, radiation and electromagnetic interferences can be and are effectively confined to the premises. No such activity shall be allowed which is detrimental to neighboring property by reasons of special danger of fire or explosion.
A. 
Denial of permit. The Selectboard or person designated by it, whichever may be responsible for the issuance of building or use permits, shall, subject to the applicant's right of appeal, deny a building, use, or occupancy permit if in his opinion he has reason to believe that said permit, if issued, and resulting use of said premises is contrary to the intent of this section.
B. 
Right of appeal. Any applicant denied a permit under the provisions of this section shall have the right of appeal to the Zoning Board of Appeals and said Board, following a hearing with due notice thereof, may order the issuance of said permit if it finds that action taken in denying said permit was without sufficient reason.
Within the National Seashore Park District there shall be no burning of cover unless determined by the proper official to be necessary for the welfare and safety of the Town, and then such burning shall be in accordance with the requirements of MGL c. 48, § 13.
[Amended 9-18-2023 STM by Art. 9]
Within the National Seashore Park District, there shall be no cutting of timber except as permitted for the following reasons:
(a) 
By an owner for the purpose of reasonably controlling brush or trees;
(b) 
Maintenance cutting in pastures;
(c) 
Cutting for clearance or maintenance on right-of-way including those pertaining to public utilities or public highways, provided said clearance or maintenance complies with Chapter 200, the Town's Scenic Road bylaw, as applicable.
(d) 
As specified in a Community Wildfire Protection Plan by the Wellfleet Fire Department or the National Park Service.
(e) 
The removal of Invasive Plants.
Exemptions: This section shall not apply to federal, state or municipal projects.
[Added 9-18-2023 STM by Art. 10]
Recognizing the value large older trees provide to wildlife and the unique role they play in the ecosystem they should be preserved whenever possible. No removal of or trimming of Locally Notable Trees shall be permitted until all necessary permits and approvals have been obtained unless there is an immediate threat to public safety, structures, or utilities.
6.9.3.1 
Removal of Locally Notable Tree shall require a special permit from the Zoning Board of Appeals as the special permit granting authority, pursuant to § 235-8.4B. Any application for the removal of a Locally Notable Tree shall be referred to the Conservation Commission for comment prior a hearing per MGL c., 40A, § 9 before the special permit granting authority. A priority shall be placed on retaining these trees during the course of any construction activities or site plan and or landscaping.
6.9.3.2 
Applications for the trimming of a Locally Notable Tree shall be made to the Tree Warden and must include a letter from a certified arborist that the trimming poses little risk to the health of the tree prior to any such work being performed and such applications are subject to the approval of the Tree Warden. Said trimming includes that of the tree's root system. If the Tree Warden or Arborist determines that the trimming of a Locally Notable Tree poses a threat to its health, they shall refer the matter to the special permitting authority, who will refer it to the Conservation Commission for comment prior to the hearing.
6.9.3.3 
Exemptions. This section shall not apply to the removal of Invasive Plants, diseased trees, or those posing an imminent threat to people, structures, roadways, or utilities.
This section shall not apply to federal or state projects.
6.9.3.4 
Special permits. The Board of Appeals, acting as the SPGA, may grant a special permit for the removal of a Locally Notable Tree if it reaches a finding that there is no viable alternative to said removal.
Within the National Seashore Park District there shall be no drainage, damming or relocating of any watercourse, except by publicly authorized agency for the purpose of pest control.
[Added 4-29-1986 ATM by Art. 21]
The following requirements are intended to assure that vegetation provides visual contrast, separation between premises, and some protection from sun and wind. Alternatives to the following specifications may be authorized on approval of the special permit granting authority as a condition of the special permit based on the following criteria, taking into consideration existing vegetation, soils, and other site conditions, provided that effective screening, shading, and definition of property lines are achieved.
A. 
Perimeter buffering.
(1) 
Parking areas for 10 or more cars, outdoor storage areas, loading facilities, or similar service areas shall be separated from the Route 6 right-of-way by at least 35 feet, from all property lines in the Central District by at least three feet, and from all other property lines by at least 10 feet.
(2) 
Alternatively, separation from Route 6 may be reduced to 20 feet and separation from all other property lines may be reduced to five feet, provided that not less than 20% of lot area is maintained with vegetative cover.
(3) 
Yards between parking, storage, loading, and service areas and property lines, including those bordering Route 6, shall be vegetated (excepting drives, walks, tidal flats, etc.), through retention of existing plants and trees, or, where this is impossible, planted with native species, and must include trees (two feet in caliper) sufficient in number that, if evenly spaced (which they need not be) their crowns would approximately meet each other at maturity. Brush or shrubbery must initially be essentially continuous to three feet or more in height, with mature height of at least four feet, except where that interferes with driver visibility. In the Central District, a combination of fencing and landscaping may be used where continuity of vegetation is inappropriate or impossible.
B. 
Parking lot plantings. Parking lots for 10 or more cars shall contain or be bordered within five feet by at least one tree per 10 parking spaces, trees to be of two inches caliper or larger, and if within the parking area, to be planted in curbed soil plots allowing not less than 40 square feet of unpaved soil area per tree. Trees and shrubs that die must be replaced within 12 months. One required parking space may be omitted for each 300 square feet of planting area within the parking lot, on approval of the Zoning Board of Appeals as a condition of the special permit, upon the Board's determination that parking demand will still be adequately served.
A. 
The Floodplain District is herein established as an overlay district.
B. 
The purpose of the Floodplain Overlay District is to:
(1) 
Ensure public safety through reducing the threats to life and personal injury;
(2) 
Eliminate new hazards to emergency response officials;
(3) 
Prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding;
(4) 
Avoid the loss of utility services which if damaged by flooding would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding;
(5) 
Eliminate costs associated with the response and cleanup of flooding conditions;
(6) 
Reduce damage to public and private property resulting from flooding waters; and
(7) 
Adaptation to climate change to satisfy the public interest and natural floodplain functions.
C. 
The District includes all special flood hazard areas within the Town of Wellfleet designated as Zone A, AE, AO, AH or VE on the Barnstable County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program dated July 16, 2014. These maps indicate the 1%-chance regulatory floodplain. The exact boundaries of the District may be defined by the 1%-chance base flood elevations shown on the FIRM and further defined by the Barnstable County Flood Insurance Study (FIS) report dated July 16, 2014. The FIRM and FIS report are incorporated herein by reference and are on file with the Building Commissioner and the Conservation Commission. The underlying permitted uses are allowed, provided they meet the following additional requirements, as well as those of the Massachusetts State Building Code dealing with construction within Floodplain (780 CMR).
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. [U.S. Code of Federal Regulations, Title 44, Part 59]
FLOODWAY
The channel of the river, creek or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. [Base Code, Chapter 2, Section 202[1]]
FUNCTIONALLY DEPENDENT USE
A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and shipbuilding and ship repair facilities, but does not include long-term storage or related manufacturing facilities. [U.S. Code of Federal Regulations, Title 44, Part 59; also Referenced Standard ASCE 24-14]
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. [U.S. Code of Federal Regulations, Title 44, Part 59]
HISTORIC STRUCTURE
Any structure that is:
A. 
Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
B. 
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
C. 
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
D. 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(1) 
By an approved state program as determined by the Secretary of the Interior; or
(2) 
Directly by the Secretary of the Interior in states without approved programs.
[U.S. Code of Federal Regulations, Title 44, Part 59]
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after the effective date of the first floodplain management code, regulation, ordinance, or standard adopted by the authority having jurisdiction, including any subsequent improvements to such structures. New construction includes work determined to be substantial improvement. [Referenced Standard ASCE 24-14]
RECREATIONAL VEHICLE
A vehicle which is:
A. 
Built on a single chassis;
B. 
Four hundred square feet or less when measured at the largest horizontal projection;
C. 
Designed to be self-propelled or permanently towable by a light duty truck; and
D. 
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
[U.S. Code of Federal Regulations, Title 44, Part 59]
REGULATORY FLOODWAY
See "floodway."
SPECIAL FLOOD HAZARD AREA
The land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE or V1-30. [Base Code, Chapter 2, Section 202[2]]
START OF CONSTRUCTION
The date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns. Permanent construction does not include land preparation (such as clearing, excavation, grading or filling), the installation of streets or walkways, excavation for a basement, footings, piers or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. [Base Code, Chapter 2, Section 202[3]]
STRUCTURE
For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. [U.S. Code of Federal Regulations, Title 44, Part 59]
SUBSTANTIAL REPAIR OF A FOUNDATION
When work to repair or replace a foundation results in the repair or replacement of a portion of the foundation with a perimeter along the base of the foundation that equals or exceeds 50% of the perimeter of the base of the foundation measured in linear feet, or repair or replacement of 50% of the piles, columns or piers of a pile, column or pier supported foundation, the building official shall determine it to be substantial repair of a foundation. Applications determined by the building official to constitute substantial repair of a foundation shall require all existing portions of the entire building or structure to meet the requirements of 780 CMR. [As amended by MA in 9th Edition BC]
VARIANCE
A grant of relief by a community from the terms of a floodplain management regulation. [U.S. Code of Federal Regulations, Title 44, Part 59]
VIOLATION
The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in § 60.3[4] is presumed to be in violation until such time as that documentation is provided. [U.S. Code of Federal Regulations, Title 44, Part 59]
[1]
Editor's Note: See 780 CMR 202.
[2]
Editor's Note: See 780 CMR 202.
[3]
Editor's Note: See 780 CMR 202.
[4]
Editor's Note: See 44 CFR 60.3.
The floodplain management provisions found in this Floodplain Overlay District Bylaw shall take precedence over and shall supersede any less restrictive, conflicting local bylaws, codes or regulations of the Town of Wellfleet.
The degree of flood protection required by this Floodplain Overlay District Bylaw is based on reasonable scientific and engineering considerations but does not imply total flood protection. This bylaw shall not create liability on the part of the Town of Wellfleet or any officer or employee thereof for any flood damage that may result from reliance on the provisions hereof, or from any administrative decision made hereunder.
The Town of Wellfleet requires a permit for all proposed construction or other development in the floodplain overlay district, including new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities, fences, sheds, storage facilities or drilling, mining, paving and any other development that might increase flooding or adversely impact flood risks to other properties.
Wellfleet's permit review process includes the use of a checklist of all local, state and federal permits that will be necessary in order to carry out the proposed development in the floodplain overlay district. The proponent must acquire all necessary permits, and must submit the completed checklist demonstrating that all necessary permits have been acquired.
If the Town/City acquires data that changes the base flood elevation in the FEMA mapped special flood hazard areas, the Town/City will, within six months, notify FEMA of these changes by submitting the technical or scientific data that supports the change(s.) Notification shall be submitted to:
FEMA Region I Risk Analysis Branch Chief, 99 High St., 6th floor, Boston, MA 02110
and copy of notification to:
Massachusetts NFIP State Coordinator, MA Dept. of Conservation & Recreation, 251 Causeway Street, Boston, MA 02114.
In a riverine situation, the Floodplain Administrator shall notify the following of any alteration or relocation of a watercourse:
A. 
Adjacent communities, especially upstream and downstream.
B. 
Bordering states, if affected.
C. 
NFIP State Coordinator, Massachusetts Department of Conservation and Recreation, 251 Causeway Street, 8th floor, Boston, MA 02114.
D. 
NFIP Program Specialist, Federal Emergency Management Agency, Region I, 99 High Street, 6th Floor, Boston, MA 02110.
[Added 4-30-1985 ATM by Art. 57; amended 5-5-1987 ATM by Art. 73; 4-25-1988 ATM; 4-28-2014 ATM by Art. 45]
In special flood hazard areas subject to high wave impact and/or severe flood inundation (Zone A, AE, AO, VE) of the Barnstable County Flood Insurance Rate Map (FIRM) for the Town of Wellfleet dated July 16, 2014 and in accordance with any revisions or issuance, no new building shall be erected or constructed and no new subsurface disposal system installed except as authorized or required by the Board of Health; no paving; no existing structure shall be enlarged; no structure shall be moved except as landward of the reach of mean high tide; no dumping; no filling or earth transfer shall be permitted except as authorized by the Conservation Commission; and there shall be no additional mobile homes.
A. 
Within these zones the following uses are permitted:
(1) 
Conservation of watercourses, plants and wildlife.
(2) 
Outdoor recreation, including play areas, nature study, boating, fishing including shellfishing and marine aquaculture, and hunting where otherwise legally permitted, temporary structures relating to carnivals and recreational activities.
(3) 
Grazing, farming, agriculture and the harvesting of crops.
(4) 
Temporary nonresidential structures used in connection with fishing, shellfishing, aquaculture, harvesting, storage or sale of products raised on the premises.
(5) 
Dwellings, signs and parking lots lawfully existing prior to the adoption of these provisions.
(6) 
Utility lines and facilities, and sewerage pipes installed according to plans approved by the Board of Health, the Conservation Commission and the Plumbing Inspector.
(7) 
Boardwalks, wooden stairways, snow fences.
(8) 
Non-commercial signs (as permitted in the residential districts, § 235-7.2 of the Wellfleet Zoning Bylaw), provided such uses do not affect the natural flow of any watercourse.
B. 
To meet minimum lot area requirements for uses allowed in the underlying zone, lots must have a contiguous lot area outside of the Floodplain District of at least 60% of the minimum lot area requirement, and said area must be accessible from a street or way open to public or private use. For purposes of determining lot coverage, the entire lot area shall be the basis; however, all structures and related facilities must be confined to that portion of the lot which is not swamp, pond, bog, dry bog, marsh, areas of exposed groundwater or which lies within the Floodplain District.
C. 
To appeal the restrictions in this section, application may be made to the Wellfleet Zoning Board of Appeals for a floodplain exemption from this floodplain bylaw in accordance with the following conditions:
(1) 
A determination that the granting of an exemption will not result in increased flood heights, decreased flood storage capacity, additional threats to public safety, extraordinary public expense, cause fraud on or victimization of the public, or conflict with existing local laws.
(2) 
A showing of good and sufficient cause.
(3) 
A determination that failure to grant the variance would result in exceptional hardship to the applicant.
(4) 
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(5) 
Compliance in all respects with sections of the State Building Code (780 CMR) which address floodplain and coastal high hazard areas.
(6) 
Approval of the Wellfleet Conservation Commission in accordance with MGL c. 131, § 40, the Wetlands Protection Act, and with the Town of Wellfleet's Environmental Protection Bylaw.[1]
[1]
Editor's Note: See Ch. 141, Environmental Protection.
D. 
If an exemption is granted to construct a structure below the base flood elevation, the Zoning Board of Appeals shall notify the applicant in writing over their signatures that the issuance of such an exemption will result in increased premium rates for flood insurance.
E. 
The Zoning Board of Appeals will maintain a record of all exemptions issued, including justification for their issuance, and report such exemptions issued in the Annual Report submitted to the Federal Insurance Administration.
F. 
In a riverine situation, the Wellfleet Conservation Agent shall notify the following of any alteration or relocation of a watercourse:
(1) 
Adjacent communities.
(2) 
NFIP State Coordinator
Massachusetts Department of Conservation and Recreation
251 Causeway Street, Suite 600-700
Boston, MA 02114-2104
(3) 
NFIP Program Specialist
Federal Emergency Management Agency, Region I
99 High Street, 6th Floor
Boston, MA 02110
A. 
Purposes. The purpose of this bylaw is to provide conformity in design and construction of entrances and exits onto public ways within the Town of Wellfleet, to provide maximum protection to the public through the orderly control of traffic moving onto and from a public way, to minimize soil/slope erosion, and to provide necessary drainage to areas adjacent to public ways.
B. 
Definitions.
ADJACENT PROPERTY OWNER
A person or entity owning property bordering on a way.
DRIVEWAY
Privately owned access to and from a way.
WAY
A Town-owned road/way.
C. 
Procedure. Prior to commencing driveway construction, an adjacent property owner desiring to gain access to a way shall make written application to the Director of the Wellfleet Department of Public Works and obtain a curb cut permit from said department. The application shall include:
(1) 
A plan showing location of the property, the proposed driveway, and the intersection of the driveway with the way;
(2) 
Specific details of drainage when required;
(3) 
Specific provisions to minimize slope or soil erosion if necessary;
(4) 
Such other identifying information that may be requested by the DPW.
D. 
Design standards. The Director of the Department of Public Works in reviewing such application shall consider if the design and location of the proposed curb cut minimizes traffic hazards, the slope/soil erosion and provides adequate drainage.
E. 
Issuance. Upon review of the plans and a determination that the plans meet the above criteria, the DPW Director shall issue a curb cut permit. Failure of the DPW Director to issue a permit within 10 days of the receipt of a completed application shall be deemed to be a grant of the curb cut permit as requested.
F. 
Appeal. Any person aggrieved by the inability to obtain the permit as requested may appeal to the Zoning Board of Appeals within 30 days of the date of the decision of the Director of Public Works.
G. 
Fee. The Selectboard shall have the authority, from time to time, to set fees for this permit and any required inspections.
[Approved 2-18-1987 by Attorney General; amended 7-17-1998]
A. 
Purpose. The purpose of this part of the Zoning Bylaw is to establish requirements, guidelines, standards and procedures to regulate the permitting and installation of communication structures, buildings and appurtenances in a manner that minimizes adverse impacts in the Town of Wellfleet.
B. 
Requirements. The Planning Board is hereby designated the special permit granting authority for special permits issued under § 235-6.18. No communication structure, building or appurtenance shall be erected, constructed or installed without first obtaining a special permit from the Planning Board. The Planning Board shall hold a public hearing within 65 days of the filing of an application and shall issue a decision within 90 days following the date of the public hearing.
(1) 
No communication structure, building or appurtenance shall be installed within the Wellfleet Harbor Area of Critical Environmental Concern (ACEC). Complete designation documents are available upon request and full-size boundary maps drawn on USGS topographic quad sheets may be viewed by appointment at the ACEC Program office, Department of Environmental Management (DEM), 100 Cambridge Street, Room 1404, Boston, MA 02202. Boundaries of ACECs have been digitized and are available at the EOEA Data Center, 20 Somerset Street, 3rd floor, Boston, MA 02108 (617-727-3888).
(2) 
Setbacks. The minimum distance from the perimeter of the communication structure to any property line shall be the height of the structure including any antennas or appurtenances plus 10 feet. The minimum distance from any guy wire, anchor or brace to any property line shall be the length of the guy wire or brace plus 10 feet. The setbacks for a communication building shall comply with the setback requirements of the zoning district.
(3) 
Parking. Provisions for parking shall be in accordance with § 235-6.3A of this Zoning Bylaw.
(4) 
Safety. Communication structure, buildings and appurtenances shall be installed, maintained and operated in accordance with applicable federal, state and local codes, standards and regulations and shall be designed to withstand sustained winds and gusts of a Category 5 hurricane. If FAA or FCC regulations are changed then the owner or operator shall bring the structure, building and appurtenances into compliance with the new regulations within six months of the effective date of such regulations or earlier if a more stringent compliance schedule is included in the regulation. Failure to comply with any new regulations shall be grounds for removal of non-complying structures, buildings and appurtenances at the owner's expense.
(5) 
Removal. An applicant and the landowner, if different from the applicant, must execute a covenant (or post a bond as set forth below) with the Planning Board agreeing to remove, within six months, all communication structures, buildings or appurtenances that have not been operated for four consecutive months unless the reason for non-operation is the result of major damage. In the event of major damage, the repair or removal of the structure, building or appurtenance must begin within six months of the damage date and must be completed within 12 months of the damage date. Failure to comply with the covenant shall be grounds for the removal of structures, buildings and appurtenances at the owner's expense. For the purpose of this paragraph, "major damage" shall mean damage to the communication structure or building caused through no fault of the owner or operator which prevents the owner or operator from using the equipment located thereon or therein. The applicant may as an alternative post a bond with the Treasurer of the Town of Wellfleet in an amount approved by the Planning Board and by an insurer approved by the Planning Board to cover the estimated costs of removal. If the applicant fails to remove the structure and/or buildings in accordance with the provisions of this paragraph, then the Town may use the bond to remove the structure and/or building and the balance of the funds, if any, will be returned to the applicant.
(6) 
Fencing. Fencing shall be provided to control access to the site of the communication structure and building and shall be consistent with the character of abutting properties. Fencing is not required for antennas or other appurtenances mounted on a preexisting structure.
(7) 
Lighting. Communication structures and appurtenances shall be lighted only if required by the FAA. Lighting of communication buildings and the site shall be limited to lighting required to provide safe access and shall be shielded from abutting properties.
(8) 
Signs. There shall be no signs except a sign identifying the facility and a telephone number where the owner or operator can be reached on a twenty-four-hour basis; a no-trespassing sign; and any signs required to warn of danger. All signs shall comply with the requirements of this bylaw.
(9) 
Visual. The installation of a communication structure, building or appurtenance 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 vegetative screening shall be employed where practical and particularly to screen abutting residential property whether developed or not.
(10) 
Regional criteria. Siting, to the extent it does not conflict with provisions of this bylaw, shall be consistent with regional criteria established by the Cape Cod Commission.
(11) 
Environmental.
(a) 
No hazardous waste shall be discharged on the site.
(b) 
All run-off of stormwater from communication structures, buildings and appurtenances, driveways and parking areas shall be contained on site; the amount of impervious surface on the site shall be minimized. Any road or other surface on the lot shall comply with Chapter 135, Drainage Control, of the Wellfleet General Bylaws.
(c) 
Under normal operating conditions, noise emanating from the communication structure, building or appurtenance at the boundary of the lot on which it is sited shall not be greater than would otherwise exist in the absence of the communication structure, building or appurtenance. These requirements shall be met for wind conditions between calm and 100 miles per hour. In accordance with procedures approved by the Planning Board, the applicant shall measure the sound level at the boundary of the site on which the communication structure, building or appurtenance will be sited before any development takes place and shall demonstrate by measurements that the sound level at the boundary during normal operation does not exceed the levels before development.
(12) 
Siting standards. In addition to the other requirements of this bylaw the applicant must comply with the following standards:
(a) 
Communication structures and appurtenances shall, if feasible, be located on preexisting structures, provided such installation shall preserve the character of the structure. The applicant has the burden of proving that there are no feasible preexisting structures.
(b) 
If the applicant demonstrates that there are no feasible preexisting structures, then a communication structure, building and appurtenances shall, if feasible, be located on public land. The applicant shall have the burden of proving that there is no available public land.
(c) 
Multiple, small towers are preferred to a single high tower.
(d) 
Multiple antennas on a single structure at a single site are preferred, if technically feasible, to multiple towers with fewer antennas.
(e) 
Appurtenances mounted on or installed within an existing structure shall not increase the height of the structure. Any alteration of the appearance of the structure shall be minimized by design features which minimize the visibility of the appurtenance by the use of matching colors and textures and minimizing changes to the outside of the structure.
(13) 
Pre-application consultation. At least 30 days before submitting an application for a special permit for the installation of a communication structure, building or appurtenance, the applicant shall consult with the Planning Board. The purpose of the consultation is to facilitate the permitting of communication structures, buildings and appurtenances by the exchanges of information between the applicant and the Planning Board in order to clarify and resolve concerns of the Board and to minimize potential problems with the application. The applicant shall submit the following written information to the Planning Board:
(a) 
A survey of all sites for the installation of communication structures, buildings or appurtenances which are feasible for providing the intended services. The survey shall include a rationale for the selection of a prime and at least one alternative site. All sites in Wellfleet shall be located on the appropriate sheet(s) of the Wellfleet Assessor's Atlas;
(b) 
A survey of all preexisting structures which are capable of supporting the equipment necessary to provide the intended service and a technical report which demonstrates why any such structure cannot be used by the applicant;
(c) 
The radiation pattern of all proposed antennas showing the frequency and intensity of radiation between ground level and 28 feet above ground level at all locations within Wellfleet;
(d) 
Calculation of the sound level in decibels between ground level and 28 feet above ground level at 10, 50, 100 and 500 feet from the communication structure, building or appurtenance for wind velocities between calm and 100 miles per hour with all equipment operating at normal levels;
(e) 
A delineation on the Assessor's Atlas of all areas in Wellfleet which will not be served by the proposed installation for the prime and an alternate site;
(f) 
A statement of the services to be supported by the proposed communication structure, building or appurtenance;
(g) 
A description of special design features to minimize the visual impact of proposed communication structures, buildings and appurtenances;
(h) 
A certification that the applicant has complied with all federal and state requirements to provide the proposed service; and
(i) 
Within 30 days after the pre-application consultation, the applicant shall arrange to fly a three-foot-diameter balloon at the primary and an alternate site at the maximum height of the proposed installation. The date and location of the flights shall be advertised at least 14 days, but not more than 21 days, before the flights in a newspaper with a general circulation in the Town of Wellfleet.
(14) 
Application submittal requirements. All written information submitted in accordance with § 235-6.18B(15) and (16) shall be certified by an appropriate licensed professional.
(15) 
Applications for siting on public land or on a preexisting structure. If a communication structure, building or appurtenance is to be installed on a preexisting private structure or on land or a structure owned, prior to the effective date of this bylaw, by the federal government or the Commonwealth of Massachusetts, or on land or a structure owned by the Town of Wellfleet, the applicant shall submit the following written information to the Planning Board:
(a) 
A draft contract between the applicant and the owner (if different from the applicant);
(b) 
A description of the proposed facility at the proposed prime and alternate sites, including:
[1] 
Height of the facility and its associated equipment and antennas;
[2] 
Access roads and power supplies;
[3] 
Type, size and number of transmitters;
(c) 
A site plan (scale not less than one inch equals 40 feet) showing the proposed facility, fall zones, existing and proposed contour elevations, one-hundred-year flood zones, waterways, wetlands and all associated equipment and structures on the site, including elevations of all equipment and structures, including sufficient detail to delineate the external finish of all structures and equipment; and
(d) 
A landscape plan showing the proposed site before and after development, including topography and screening proposed to protect abutters.
(16) 
For all applications other than those set forth in § 235-6.18B(15), the applicant shall submit the following written information to the Planning Board:
(a) 
A statement of the purpose for which the applications is made;
(b) 
The exact legal name of each person seeking a special permit and the address or principal place of business of each such person. If any applicant is a corporation, trust, association, or other organized group, it shall also give the state under which it was created or organized;
(c) 
The name, title, address, and telephone number of the attorney or other person to whom correspondence or communications in regard to the application are to be addressed. Notice, orders, and other papers may be served upon the person so named, and such service shall be deemed to be service upon the applicant;
(d) 
A statement of the need for the proposed facility with as much specific information as is practicable to demonstrate the need, including a description of the proposed system and how the proposed facility would eliminate or alleviate any existing deficiency or limitation;
(e) 
A statement of the benefits expected from the proposed facility with as much information as is practicable;
(f) 
A description of the proposed facility at the proposed prime and alternate sites, including:
[1] 
Height of the facility and its associated equipment and antennas;
[2] 
Access roads and power supplies;
[3] 
Special design features;
[4] 
Type, size and number of transmitters and receivers, as well as the signal frequency, power output, and power density at the tower base, site boundary, and building where people might be exposed to the maximum power densities from the facility;
[5] 
A map showing any fixed facilities with which the proposed facility would interact;
[6] 
The coverage signal strength, and integration of the proposed facility with any adjacent fixed facility, to be accompanied by propagation maps showing interfaces with any adjacent service areas; and
[7] 
A forecast of when maximum capability would be reached for the proposed facility and for facilities that would be integrated with the proposed facility;
[8] 
Calculations confirming compliance with the structural, acoustical, environmental and siting requirements of § 235-6.18B.
(g) 
A description of the proposed prime and alternative site, including:
[1] 
The most recent U.S.G.S. topographic quadrangle map (scale one inch equals 2,000 feet) marked to show the site of the facility and any significant changes within a one-mile radius of the site;
[2] 
A map (scale not less than one inch equals 200 feet) of the lot or tract on which the facility is proposed to be located showing the acreage and dimensions of such site, name and location of adjacent public and private roads or the nearest public road, and the names of abutting owners and portions of their lands abutting the site;
[3] 
A site plan (scale not less than one inch equals 40 feet) showing the proposed facility, fall zones, existing and proposed contour elevations, one-hundred-year flood zones, waterways, wetlands and all associated equipment and structures on the site, including elevations of all equipment and structures, including sufficient detail to delineate the external finish of all structures and equipment;
[4] 
Where relevant, a terrain profile showing the proposed facility and access road and existing and proposed grades; and
[5] 
The most recent area photograph (scale not less than one inch equals 1,000 feet) showing the proposed site, access roads and all abutting properties.
(h) 
A statement explaining mitigation measures for the proposed facility, including:
[1] 
Construction techniques designed specifically to minimize adverse effects on natural areas and sensitive areas;
[2] 
Special design features made specifically to avoid or minimize adverse effects on natural areas and sensitive areas;
[3] 
Establishment of vegetation proposed near residential, recreation and scenic areas;
[4] 
Special design features made specifically so that the proposed structures, buildings and appurtenances shall blend with preexisting structures and buildings; and
[5] 
Methods for preservation of vegetation for wildlife habitat and screening;
(i) 
A description of the existing and planned land uses of the proposed prime and alternative sites and surrounding areas;
(j) 
A description of the scenic, natural, historic, and recreational characteristics of the proposed prime and alternative sites and surrounding areas;
(k) 
Sight line graphs to the proposed prime and alternative sites from visually impacted areas such as residential developments, recreational areas, and historic sites;
(l) 
A list describing the type and height of all existing and proposed communication structures, buildings and appurtenances within a ten-mile radius within the search area, or within any other area from which use of the proposed prime or alternative structure might be feasible from a location standpoint for purposes of the application;
(m) 
A description of efforts to share existing and proposed structures, or consolidate telecommunications antennas of public and private services onto the proposed facility;
(n) 
A description of the technical alternatives and a statement containing justification for the proposed facility;
(o) 
A description of rejected sites with a U.S.G.S. topographic quadrangle map (scale one inch equals 2,000 feet) marked to show the location of rejected sites;
(p) 
A detailed description and justification for the site selected, including a description of siting criteria and the process by which other possible sites were considered and eliminated, including, but not limited to, environmental effects, cost differential, coverages lost or gained, potential interference with other facilities and signal loss due to topographical features compared to the proposed prime and alternate sites;
(q) 
A statement describing hazards to human health, if any, with supporting data and references to regulatory standards;
(r) 
A statement of the estimated costs for site acquisition and construction of a facility at the prime and alternative sites;
(s) 
A schedule showing the proposed program of site acquisition, construction, completion, operation and relocation or removal of the existing facilities for the prime and alternative site;
(t) 
A copy of any filing or application that the applicant has been required to make, together with any decision with regard to such filing or application;
(u) 
A landscape plan showing the proposed site before and after development, including topography and screening proposed to protect abutters;
(v) 
Plans which show siting at a prime and at an alternate site;
(w) 
A technical report which demonstrates that the maximum height of the installation is the minimum feasible to provide the intended service.
(17) 
The Planning Board may also refer applications to the Board of Health and the Conservation Commission for review. Applications that propose the use of a site on National Park Service property shall also be sent to the Superintendent of the Cape Cod National Seashore.
(18) 
Completeness. The Planning Board shall not approve any application that does not comply with all the requirements of this bylaw.
C. 
Approval criteria. The Planning Board shall act in accordance with the standards and requirements set forth herein and in accordance with § 235-8.4B of this bylaw and with the Massachusetts General Laws.
D. 
Severability. The invalidity of any section of this bylaw shall not invalidate any other section.
E. 
The Planning Board may grant a special permit for an application which does not meet all the requirements of § 235-6.18, provided the Planning Board makes a written finding which states why such action is in the best interests of the Town.
Any bed-and-breakfast use, which is established or expanded, shall meet the requirements of the State Building Code, the Board of Health, the Fire Department and § 235-6.3A of this bylaw. No bed-and-breakfast use shall be established or expanded without a change of use permit issued by the Building Inspector. The Building Inspector shall not issue such a permit without a finding that all requirements of this bylaw have been complied with.
[Amended 12-4-2000, AG approved 5-25-2000]
A. 
Authority. This bylaw is enacted pursuant to MGL c. 40A and pursuant to the Town's authority under the Home Rule Amendment to the Massachusetts Constitution to serve the compelling Town interests of limiting the location of and preventing the clustering and concentration of sexually oriented businesses, also known as "adult entertainment uses," as defined and designated herein, in response to studies demonstrating their deleterious effects.
B. 
Purpose.
(1) 
It is the purpose of this Adult Entertainment Bylaw to address and mitigate the secondary effects of the adult entertainment establishments and sexually oriented businesses that are referenced and defined herein. Secondary effects have been shown to include increased crime, adverse impacts on public health, adverse impacts on the business climate of cities and towns, adverse impacts on the property values of residential and commercial properties, and adverse impacts on the quality of life in cities and towns. All of said secondary impacts are adverse to the health, safety, and general welfare of the Town of Wellfleet and its inhabitants.
(2) 
The provisions of this bylaw have neither the purpose nor intent of imposing a limitation on the content of any communicative matter or materials, including sexually oriented matter or materials. Similarly, it is not the purpose or intent of this bylaw to restrict or deny access by adults to adult entertainment establishments or to sexually oriented matter or materials that are protected by the Constitutions of the United States or of the Commonwealth of Massachusetts, nor to restrict or deny rights that distributors or exhibitors of such matter or materials may have to sell, rent, distribute or exhibit such matter or materials. Neither is it the purpose or intent of this bylaw to legalize the sale, rental, distribution, or exhibition of obscene or other illegal matter or materials.
C. 
Definitions. Adult entertainment uses shall include the following uses:
(1) 
Adult bookstores, as defined by MGL c. 40A, § 9A (see § 235-2.1).
(2) 
Adult motion picture theatre, as defined by MGL c. 40A, § 9A (see § 235-2.1).
(3) 
Adult paraphernalia store, as defined by MGL c. 40A, § 9A (see § 235-2.1).
(4) 
Adult video store, as defined by MGL c. 40A, § 9A (see § 235-2.1).
(5) 
Any establishment which, to a substantial extent, or as a principal use, displays live nudity for its patrons, with the term "nudity" as defined in MGL c. 272, § 31.
D. 
Adult entertainment uses by special permit, criteria, and conditions. Adult entertainment uses shall be prohibited in all zoning districts except as otherwise permitted in this bylaw and may be permitted only upon the grant of a special permit by the Zoning Board of Appeals. Such special permit shall not be granted unless each of the following standards has been met.
(1) 
The application for a special permit for an adult entertainment use shall provide the name, address, and telephone number of the legal owner and all principal investors of the establishment, the legal owner and all principal investors of the property, and the manager of the proposed establishment.
(2) 
No adult entertainment use special permit shall be issued to any person convicted of violating the provisions of MGL c. 119, § 63 or MGL c. 272, § 28. The applicant shall be responsible for all related costs for record check processing.
(3) 
Location.
(a) 
Adult entertainment uses shall not be located within:
[1] 
500 feet from the nearest church, school (public or private), public beach, park, playground, play field, youth center, children's day-care center, licensed home day-care facility, library (public or private), or recreation facility; or
[2] 
500 feet from the nearest establishment licensed under MGL c. 138, § 12; or
[3] 
500 feet from any other adult entertainment use.
(b) 
The distances specified above shall be measured by a straight line from the nearest property line of the premises on which the proposed adult entertainment use is to be located to the nearest property line of any of the designated uses set forth above.
(c) 
In addition, no structure that contains an adult entertainment use shall be closer than 100 feet to any R1 or R2 residential zoning district boundary.
(4) 
No part of any structure that contains an adult entertainment use shall be closer than 50 feet to any lot line, nor shall any adult use be permitted on any parcel containing less than 50,000 square feet of lot area or 150 feet of frontage, irrespective of the minimum lot and setback requirements contained in § 235-5.4, Intensity of Use Schedule.
(5) 
All building openings, entries and windows shall be screened in such a manner as to prevent visual access to the interior of the establishment by the public.
(6) 
No adult entertainment use shall be allowed to display for advertisement or other purpose any signs, placards or other like materials, to the general public on the exterior of the building or on the interior where the same may be seen through any openings in walls or roofing, doorways, or glass or other like transparent material, any sexually explicit figures or words as defined in MGL c. 272, § 31.
(7) 
No adult entertainment use shall be allowed to disseminate or offer to disseminate adult matter or paraphernalia to minors or suffer minors to view displays or linger on the premises.
(8) 
The proposed adult entertainment use shall comply with the off-street parking requirements set forth in this bylaw.
(9) 
No adult entertainment use shall have any flashing lights or neon signs visible from outside the establishment.
(10) 
No adult entertainment use shall have a freestanding accessory sign or off-premise sign.
(11) 
No adult entertainment use shall be established prior to submission and approval of a site plan by the Zoning Board of Appeals, pursuant to Article VI, § 235-6.3B. The site plan shall, at the minimum, depict all existing and proposed buildings, parking spaces, driveways, service areas, and other open uses. The site plan shall show the distances between the proposed adult entertainment use and the boundary of the nearest R1 and R2 residential zoning district and the nearest property line of each of the uses set forth in § 235-6.20D(3) above.
(12) 
No adult entertainment establishment shall employ any person or persons who would be excluded as a permit holder under this bylaw.
E. 
Conditions. The special permit granting authority may impose reasonable conditions, safeguards and limitations on the time or use of any special permit granted, and may require that any such special permit granted shall be personal to the applicant, shall not run with the land and shall expire upon expiration of the applicant's lease or upon sale or transfer of the subject property.
F. 
Expiration. A special permit to conduct an adult entertainment use shall expire after a period of two calendar years from its date of issuance and shall be automatically renewable for successive two-year periods thereafter, provided that a written request for such renewal is made to the special permit granting authority prior to said expiration and that no objection to said renewal is made and sustained by the special permit granting authority based upon public safety factors applied at the time that the original special permit was granted.
G. 
Variances. (Disapproved and deleted by Attorney General May 25, 2000)
H. 
Severability. The provisions of this section are severable and, in the event that any provisions of this section is determined to be invalid for any reason, the remaining provisions shall remain in full force and effect.
[Amended 6-26-2021 ATM by Art. 45; 4-29-2023 ATM by Art. 41]
A. 
Purpose. To enable an increase of year-round rental housing opportunities; to encourage greater diversity of housing types appropriate to residents with varying needs; and to support a stable and diverse year-round community and workforce.
B. 
Accessory dwelling units, as defined in § 235-2.1, Definitions, of the Wellfleet Zoning Bylaws, are one or more additional dwelling units allowed on a single lot in all districts of the Town if in compliance with all Town, Commonwealth of Massachusetts and federal statutes, bylaws and regulations where applicable, unless otherwise allowed by this bylaw.
(1) 
Accessory dwelling units are allowed either as a detached building, or as a separate dwelling unit within or attached to a dwelling, a building used for a principal use; or within or attached to any accessory building, as defined in § 235-2.1, Definitions, of the Wellfleet Zoning Bylaws.
(2) 
Individual accessory dwelling units shall be no larger than 1,200 square feet of livable floor area as that term is defined in § 235-2.1, Definitions, of the Wellfleet Zoning Bylaws.
(3) 
In order to maintain its status as an accessory use to the principal use on the same lot, the ADU must be held in the same ownership as the principal use.
(4) 
The rights and requirements of this bylaw and/or special permit, as they apply to each ADU, shall run with the land upon any transfer of ownership of a property containing an accessory dwelling unit built under the provisions of this bylaw.
(5) 
A property owner may choose to cease to use an accessory dwelling unit by formally reporting its change in use to the agent designated by the Town Administrator to administer and monitor such units and altering it to meet the requirements of a permitted use. The agent will then register this change in use with the Building Commissioner, the Health Agent and the Town Assessor.
C. 
Procedure.
(1) 
The property owner shall apply for a building permit and/or certificate of occupancy for each ADU. The Health Department shall also review and inspect each ADU for compliance with the Health Code prior to the issuance of a certificate of occupancy. The Fire Department shall also inspect for working carbon monoxide detectors.
(2) 
Prior to the issuance of a certificate of occupancy, each ADU shall be registered with the agent designated by the Town Administrator who will administer and monitor such units, maintain a current record of such units and register them with the Town's Assessor, Building Department, and Health Department.
D. 
Monitoring. An Affidavit of Compliance signed by the property owner shall be submitted initially, when the unit is first occupied or used, and then annually, on September 1st or the nearest business day, to the agent designated by the Town Administrator to monitor and administer such units to confirm that the accessory dwelling unit or units are being leased for a minimum of a year, and not otherwise leased or occupied for any other purpose, and that they shall be used as a dwelling, according to the standards and conditions of this bylaw.
E. 
Enforcement and penalties. Upon a written determination by the Building Commissioner that the property owner has failed to comply with these provisions, the property owner shall bring the unit or units into compliance within 30 days of such written notice pursuant to MGL c. 40A, § 7. In addition, the Building Commissioner shall impose any and all fines and penalties referenced in § 235-8.3 of these bylaws.
F. 
Opportunity for affordable housing property tax exemption. A property owner who leases an accessory dwelling unit affordably and in compliance with this bylaw, as specified by the Special Act of 2010 and adopted by Wellfleet voters in May 2011, may apply to the agent designated by the Town Administrator to administer and monitor such units to receive an application for a property tax exemption.
A. 
Purpose. The purpose of this bylaw is:
(1) 
To allow by right and regulate the conduct of a home occupation as an accessory use;
(2) 
To allow residents to utilize their homes as a work place and a source of livelihood under certain circumstances and conditions;
(3) 
To ensure home occupations are compatible with the neighborhoods in which they are located; and
(4) 
To protect neighborhoods from adverse impacts of activities associated with home occupations.
B. 
Requirements and standards. Home occupations shall conform to the following standards:
(1) 
No more than two non-family members shall be employed in the home occupation.
(2) 
There shall be no exterior sign or other display except as permitted under Article VII, Signs, and no exterior indication of the home occupation which detracts from or is in conflict with the neighborhood character.
(3) 
No offensive effect of the home occupation shall be perceptible off-premises, including but not limited to noises, vibration, smoke, dust, odor, heat, glare, fire hazard, electrical disturbance or interference with communication devices or other hazard or nuisance.
(4) 
The floor area in use by the home occupation shall not exceed 25% of the total floor area of the principal and any accessory buildings.
(5) 
No exterior storage of home occupation related materials or equipment is permitted on the home occupation premises unless screened, if necessary, from abutters and street by a stockade-type fence six feet in height. However, equipment as noted in Subsection B(9) and (10) is exempt from screening, as well as any boats, vehicles, trailers or accessory structures.
[Amended 4-23-2018 ATM by Art. 37]
(6) 
Exterior storage of home-occupation-related materials or equipment shall not exceed 30% of the lot area for aquaculture, shellfishing, and fishing home occupations, and shall not exceed 15% of the lot area for all other home occupations.
(7) 
The onsite sale of consumer goods shall be prohibited except for the sale of products or goods produced, fabricated or refurbished on the premises as a result of the home occupation.
(8) 
The physical presence of the public and the regular physical presence of non-family member employees shall be limited to the hours between 7:00 a.m. and 8:00 p.m. Monday through Sunday from Memorial Day through Labor Day, and between 7:00 a.m. and 8:00 p.m. Monday through Saturday at all other times.
(9) 
Traffic generated by the home occupation shall not significantly increase the volume of traffic in the neighborhood so as to create any traffic hazard, nuisance, or congestion. Any need for parking generated by the conduct of the home occupation shall be met off the street. Long-term parking (more than six hours) shall be limited to two vehicles, excluding the resident family's personal household vehicle(s).
(10) 
No more than two motor vehicles (as that term is defined by MGL c. 90, § 1, but containing no more than six wheels), and no more than two trailers (as that term is defined by MGL c. 90, § 1, but not exceeding 16 feet in length), used exclusively in the home occupation, may be kept on the premises.
(11) 
There shall be no disposal of toxic or hazardous materials on the home occupation premises.
A. 
Purpose. The purpose of this bylaw is:
(1) 
To allow by special permit and regulate the conduct of service trade home businesses (STHBs) as an accessory use;
(2) 
To allow residents to utilize their homes as a work place and a source of livelihood under certain circumstances and conditions;
(3) 
To ensure STHBs are compatible with the neighborhoods in which they are located; and
(4) 
To protect neighborhoods from adverse impacts of activities associated with STHBs.
B. 
Requirements and standards. STHBs shall conform to the following standards:
(1) 
No more than three non-family members may report to the STHB premises for regular work;
(2) 
No exterior storage of STHB-related materials or equipment is permitted on the STHB premises unless concealed from view of abutters and street by a fence or suitable plantings of evergreen or deciduous shrubs and trees;
(3) 
Exterior storage of STHB-related materials or equipment shall not exceed 30% of the lot area;
(4) 
No more than two motor vehicles (as that term is defined by MGL c. 90, § 1, but containing no more than six wheels), and no more than two trailers (as that term is defined by MGL c. 90, § 1, but not exceeding 16 feet in length), used exclusively in the STHB, may be kept on the premises;
(5) 
There shall be no exterior sign or other display except as permitted under Article VII, Signs, and no exterior indication of the STHB which detracts from or is in conflict with the neighborhood character;
(6) 
No offensive effect of the STHB shall be perceptible off-premises, including but not limited to noises, vibration, smoke, dust, odor, heat, glare, fire hazard, electrical disturbance or interference with communication devices or other hazard or nuisance;
(7) 
The floor area in use by the STHB shall not exceed 30% of the total floor area of the principal and any accessory buildings;
(8) 
Traffic generated by the STHB shall not significantly increase the volume of traffic in the neighborhood so as to create any traffic hazard, nuisance, or congestion. Any need for parking generated by the conduct of the STHB shall be met off the street. Long-term parking (more than six hours) shall be limited to three vehicles, excluding the resident family's personal household vehicle(s);
(9) 
The physical presence of the public and the regular physical presence of non-family member employees shall be limited to the hours between 7:00 a.m. and 8:00 p.m. Monday through Sunday from Memorial Day through Labor Day, and between 7:00 a.m. and 8:00 p.m. Monday through Saturday at all other times; and
(10) 
There shall be no disposal of toxic or hazardous materials on STHB premises.
A. 
Purpose of National Seashore Park District special permit.
(1) 
The purpose of the National Seashore Park District special permit is to review proposed structures and alterations to existing structures to ensure protection of the legitimate interests of the adjoining property owners; to encourage construction that is sensitive to the scale, size and massing of buildings; to protect continued public visual access to ponds, rivers, marshes, the ocean and the bay; to provide additional means of addressing environmental needs and concerns of the Town; and to recommend alternatives so that development or redevelopment minimizes the impact on abutting land, the neighborhoods and the community at large.
(2) 
Further, the purpose of the National Seashore Park District special permit is to ensure that the National Seashore Park District objectives found in § 235-3.2 of this bylaw are adhered to and that the proposed building changes are not detrimental to these objectives; and are compatible with these objectives.
B. 
Applicability. A National Seashore Park District special permit is required for any private property within the boundaries of the Cape Cod National Seashore whose owner proposes to tear down, build anew, make alterations to, or relocate existing buildings, or add new accessory buildings that would:
(1) 
Exceed the maximum National Seashore Park gross floor area (NSPGFA) listed in § 235-5.4D of this bylaw; or
(2) 
Otherwise increase the nonconforming nature of the structure, within the standards of § 235-6.1E of this bylaw.
(3) 
Nothing in § 235-6.24 shall be construed as authorizing the issuance of a special permit which exceeds the limitations set forth in Footnote 1 of § 235-5.4D.
C. 
Standards and criteria. In addition to the standards and criteria listed in § 235-8.4B of this bylaw, the following criteria shall apply to properties within the National Seashore Park District that are subject to a special permit:
(1) 
The landscape shall be preserved in its natural state insofar as practical. The Board shall encourage the applicant to avoid grade changes and the removal of native vegetation and soil. Any grading or earth-moving shall be planned and executed in such a manner, and retain to the extent practicable final contours consistent with existing terrain both on and adjacent to the site.
(2) 
Proposed buildings and foundations shall, to the extent practicable, minimize alteration on steep slopes, floodplains, hilltops, dunes, coastal banks, scenic views and wetlands to preserve the integrity and scenic qualities of natural features whenever possible. Proposed developments shall take into account and, to the extent practicable, minimize obstruction of water views and other scenic views from publicly accessible locations.
(3) 
Proposed developments shall preserve and protect unusual or rare natural and/or historical features. Development and redevelopment shall not interfere with legal access. Proposed developments should minimize obstruction of water views and other scenic views from publicly accessible locations. Electric, telephone, cable and other utility lines shall be installed underground unless the Board determines that the benefits to be achieved are outweighed by costs or other factors.
(4) 
The protection of unusual or significant environmental resources including protection and maintenance of groundwater quality and recharge volume and the water quality of coastal and fresh surface water bodies is critical and shall be evaluated. All runoff shall be recharged on site based on a calculated twenty-five-year storm. Stormwater infiltration systems shall be designed so that run-off shall not be increased, groundwater recharge is maximized, pollution impacts are minimized and neighboring properties will not be adversely affected.
(5) 
Lighting must be consistent with General Bylaws of the Town of Wellfleet. There shall be protection of adjacent properties and the night sky from intrusive lighting. Consideration should be given to the placement of decks and patios and their potential for noise pollution and its adverse impact on adjacent properties.
(6) 
In addition to § 235-5.4D NSPGFA (National Seashore Park gross floor area), the Board shall consider the Cape Cod National Seashore's 50% Use Guideline. Proposed development shall not exceed the 50% formula unless the Board finds that the development shall not have a significant adverse impact on the scenic views and on the prevailing scale, mass and character of the neighborhood and zoning district. The Cape Cod National Seashore's 50% expansion guideline is based on "the livable area of the single-family residence that existed as of September 1, 1959" and allows for 50% expansion to the single-family dwelling; and of this expansion total sum another 50% is allowed for use on an accessory structure(s). For example, 1,000 square feet of single-family dwelling living space as of September 1, 1959 is expandable to 1,500 square feet, and of this total sum another 750 square feet is allowable for an accessory building.
A. 
Purposes. The purpose of this bylaw is to allow by special permit utility-scale wind facilities on municipally owned land and to provide for standards for the placement, design, construction, monitoring, upkeep, modification and removal of wind facilities that address public safety and consideration of environmental and community impacts, including impacts on scenic, natural, historic resources, and provide adequate financial assurance for decommissioning. Any physical modifications to existing wind facilities that alter the type or increase the size of such facilities or other equipment shall require a special permit.
B. 
Definitions.
ROTOR
The blades plus the hub to which the blades are attached.
TIP HEIGHT
Height of the tip of the rotor blade when extended 90° from grade, as measured from the base at grade of the support tower.
UTILITY-SCALE WIND FACILITY
A wind facility with a rated capacity of 100 KW or more and where the primary use of the facility is electrical generation to be provided into the electrical grid.
WIND FACILITY (WF)
All equipment, machinery and structures utilized in connection with the conversion of wind to electricity. This includes, but is not limited to, transmission, storage, collection and supply equipment, substations, transformers, service and access roads, and one or more wind turbines.
WIND TURBINE (WT)
A device which converts wind energy to electrical energy, which typically includes a support tower.
C. 
General requirements.
(1) 
The applicant shall be the WF operator, if one exists, and the Town of Wellfleet as the landowner.
(2) 
Special permits.
(a) 
Utility-scale wind facilities shall be permitted by a special permit from the Planning Board acting as the special permit granting authority (SPGA), provided that the Planning Board makes a finding that the wind facility complies with the following conditions:
[1] 
The specific site is an appropriate location for such use;
[2] 
The use is not expected to adversely affect the surrounding area or neighborhood;
[3] 
There is not expected to be any serious hazard to the public and general welfare of the Town, and no nuisance is expected to be created by the use;
[4] 
The potential environmental benefits outweigh the potential adverse environmental impacts;
[5] 
Adequate and appropriate facilities and resources will be provided for the proper operation of the use;
[6] 
Adequate resources will be provided for the removal of the WF after its useful life.
(b) 
Such permits may also impose reasonable conditions, safeguards and limitations on time and use and may require the applicant to implement all reasonable measures to mitigate unforeseen adverse impacts of the wind facility, should they occur.
(c) 
Compliance with laws, ordinances and regulations. The construction and operation of all such wind facilities shall be consistent with all applicable local, state and federal requirements, including but not limited to all safety, construction, environmental, electrical, communications and aviation requirements.
(d) 
Proof of liability indemnification. The applicant shall provide evidence of adequate indemnification for all risks, including possibly by way of liability insurance in an amount and for the duration sufficient to cover loss or damage to persons and structures occasioned by the failure of the facility. There shall be a minimum indemnification amount equal to $2,000,000.
(e) 
Site control. The applicant shall provide documentation of the actual or prospective control of the project site sufficient to allow for installation and use of the proposed facility. Documentation shall also include proof of control over setback areas and access roads, if required. Control shall mean the legal authority to prevent use or construction of any structure for human habitation within the setback areas.
(f) 
Prior to filing an application for a special permit, but not more than 180 days prior to filing the application, the applicant shall arrange for a balloon or crane test at the proposed site or at a site not more than 100 feet from the proposed site. The balloon test shall be conducted for duration of not less than six hours during full daylight. The date range and time of the test shall be advertised in a newspaper of general circulation in the Town at least seven days prior to the test, but not more than 30 days prior to the test. In addition, notice shall be provided to the Town Administrator, abutters and abutting Historic Commissions and to the Town Clerks of all adjacent towns. The balloon test shall demonstrate the hub height and maximum rotor blade tip height of the wind turbine generator by tethering one balloon at the hub height and one balloon at the maximum tip height of a rotor blade for the turbine model to which the special permit will apply.
D. 
General siting standards.
(1) 
The maximum allowable tip height shall be no greater than 400 feet.
(2) 
Minimum setback distance for a WT from the applicant's property line shall be at least equal to the maximum tip height. Setbacks will be measured to the center of the tower base. The setback from an applicant's lot line may be reduced with the written permission or granting of an easement to the Town by the abutting property owner(s) and the SPGA. Setbacks for facilities other than the tower will conform with Wellfleet Zoning Bylaws. The SPGA may reduce the minimum setback distance as appropriate based on site-specific considerations, if the project satisfies all other criteria for the granting of a special permit under the provisions of this section.
E. 
Design standards.
(1) 
Color and finish. The SPGA shall approve the WT color, although a neutral, non-reflective exterior color designed to blend with the surrounding environment is encouraged.
(2) 
Lighting. WT(s) shall be lighted only if, and only to the extent, required by the Federal Aviation Administration. Lighting of the other parts of the WF, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be designed to minimize glare, and otherwise shielded and down cast to reduce light pollution.
(3) 
Signs. Signs on the wind facility shall comply with the requirements of the Town's sign regulations, and shall be limited to:
(a) 
Those necessary to identify the wind facility owner, provide a twenty-four-hour emergency contact phone number, and warnings of any danger at the base of the wind facility.
(b) 
Educational signs providing information about the facility and the benefits of renewable energy are exempt from the sign code, but must be approved as part of the SPGA permit process.
(c) 
Advertising shall not be allowed on the WT except for reasonable identification of the manufacturer or operator of the wind facility.
(4) 
Utility connections. Reasonable efforts shall be made to locate utility connections from the wind facility underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider.
(5) 
Appurtenant structures. All appurtenant structures to such wind facilities shall be subject to reasonable regulations concerning the bulk and height of structures, setbacks, open space, parking and building coverage requirements. All such appurtenant structures, including, but not limited to, equipment shelters, storage facilities, transformers, and substations, shall be architecturally compatible with each other and shall be contained within the turbine tower whenever technically and economically feasible. Structures shall only be used for housing of equipment for this particular site. Whenever feasible, structures should be shaded from view by vegetation and/or clustered to avoid adverse visual impacts.
F. 
Safety, aesthetic and environmental standards.
(1) 
Emergency services. The applicant shall provide a copy of the project summary and site plan to the local emergency services entity, as designated by the SPGA. Upon request the applicant shall cooperate with local emergency services in developing an emergency response plan.
(2) 
Unauthorized access. WTs and other structures part of the WF shall be designed to prevent unauthorized access.
(3) 
Shadow/flicker. A shadow and flicker analysis performed by an independent qualified engineer in order to determine the degree and effect of potential shadow and flicker upon abutting dwellings.
(4) 
The wind facility and associated equipment shall conform to the provisions of the Department of Environmental Protection's Division of Air Quality Noise Regulations (310 CMR 7.10), unless the Department and the SPGA agree that those provisions shall not be applicable.
(a) 
A wind facility will be considered to be violating these regulations if the source:
[1] 
Increases the broadband sound level by more than 10 dB(A) above ambient; or
[2] 
Produces a "pure tone" condition - when an octave band center frequency sound pressure level exceeds the two adjacent center frequency sound pressure levels by three decibels or more.
(b) 
These criteria are measured both at the property line and at the nearest inhabited dwelling. "Ambient" is defined as the background A-weighted sound level that is exceeded 90% of the time measured during equipment hours. The ambient may also be established by other means with consent from the DEP.
(c) 
For purposes of permit application consideration the SPGA will accept a sound modeling analysis performed by an independent qualified engineer which is consistent with the Massachusetts Department of Environmental Protection guidance for sound measurement (310 CMR 7.10) based on the WF manufacturer's sound information on the proposed WT.
(d) 
The SPGA, in consultation with the DEP, shall determine whether such violations shall be measured at the property line or at the nearest inhabited residence.
(5) 
Land clearing, soil erosion and habitat impacts. Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the wind facility and is otherwise prescribed by applicable laws, regulations and ordinances.
G. 
Monitoring and maintenance.
(1) 
Facility maintenance. The wind facility shall be maintained in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security and safety measures. Site access and control shall be maintained to an acceptable level. The recipient of the special permit shall be responsible for the cost of maintaining the wind facility and any access road(s) and the cost of repairing any damage occurring as a result of operation and construction.
(2) 
Modifications. All modifications to a wind facility made after issuance of the special permit shall require approval by the SPGA as provided in this section.
H. 
Abandonment or decommissioning.
(1) 
Removal requirements. Any wind facility which has reached the end of its useful life or has been abandoned shall be removed. When the wind facility is scheduled to be decommissioned, the applicant shall notify the Town by certified mail of the proposed date of discontinued operations and plans for removal. The owner/operator shall physically remove the wind facility no more than 150 days after the date of discontinued operations. At the time of removal, the wind facility site shall be restored, if a natural site to a state of reasonable conditions to revert back to its pre-construction natural state, or if a previously developed site a state similar to its prior state. More specifically, decommissioning shall consist of:
(a) 
Physical removal of all wind turbines, structures, equipment, security barriers and transmission lines from the site.
(b) 
Disposal of all solid and hazardous waste in accordance with local and state disposal regulations.
(c) 
Stabilization or re-vegetation of the site as necessary to minimize erosion. The SPGA may allow the owner to leave designated below-grade foundations in order to minimize erosion and disruption to existing vegetation.
(2) 
Abandonment. Absent notice of a proposed date of decommissioning, the facility shall be considered abandoned when the facility fails to operate for more than one year without the written consent of the SPGA. The SPGA shall determine in its decision what proportion of the facility is inoperable for the facility to be considered abandoned. If the owner/operator fails to remove the wind facility in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the Town shall have the authority to enter the property and physically remove the facility.
(3) 
Financial surety. The SPGA may require the applicant to provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal in the event the Town must remove the facility, of an amount and form determined to be reasonable by the SPGA, but in no event to exceed 125% of the cost of removal and compliance with the additional requirements set forth herein. Such surety will not be required for municipally or state-owned facilities. The applicant shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall include a mechanism for cost-of-living adjustment.
I. 
Application process and requirements.
(1) 
All applications shall be filed with the Wellfleet Town Clerk along with 10 copies and the required fee. Pursuant to MGL c. 44, § 53G, the SPGA shall have the authority to require that the applicant pay for necessary professional services reasonably required to review and to analyze adequately the contents of any site plan or related impact study.
(2) 
Upon receipt of the application by the Wellfleet Town Clerk, the SPGA shall hold an advertised public hearing within 65 days. Said advertisement shall appear in a local newspaper of general publication no less than 14 days prior to the scheduled public hearing. It shall be the responsibility of the SPGA to notify abutters and abutters to abutters within 300 feet via first class mail, with said mailing to take place no less than 14 days prior to the scheduled public hearing.
(3) 
All applications submitted under this section for final review shall include:
(a) 
Completed application form.
(b) 
Certified list of abutters and abutters to abutters within 300 feet prepared and certified by the Town of Wellfleet Assessor.
(c) 
A site plan. All site plans shall be prepared by a registered land surveyor or registered civil engineer. All site plans shall be prepared at an appropriate scale suitable for the content of the topic covered on the sheet and shall include the following:
[1] 
The location and boundaries of the lot, including monuments, adjacent street/ways and a list showing names and addresses of direct abutters and abutters to the abutters within 300 feet;
[2] 
Existing and proposed topography showing five-foot contours showing benchmark used and significant land features, natural and man-made, including, but not limited to, the location of wetlands, streams, bodies of water, drainage swales and areas subject to flooding;
[3] 
Proposed location and design of wind facility, including all turbines, ground equipment, appurtenant structures, transmission infrastructure, access, fencing, exterior lighting, etc., including dimensions and all elevations;
[4] 
The existing and proposed location of driveways, walkways, access and egress points, and the location and number of parking spaces, all proposed changes to the landscape of the site, including grading, vegetation clearing and planting, and exterior lighting, other than FAA lights, and screening vegetation.
(d) 
Certification of height approval from the Federal Aeronautics Administration (FAA).
(e) 
Visualizations. The SPGA shall select between three and six sight lines, including from the nearest dwelling(s) and other public ways and/or sites, with a view of the WF(s), for pre- and post-construction view representations. Sites for view representations shall be selected from populated areas or public ways within a two-mile radius of the wind facility. View representations shall have the following characteristics:
[1] 
View representations shall be in color and shall include actual pre-construction photographs and accurate post-construction simulations of the height and breadth of the WT(s) on the pre-construction photographs of existing views.
[2] 
All view representations will include descriptions of the locations, distances, and focal length of camera lens used.
(f) 
Include approvals from other regulatory boards and commissions required, including but not limited to the Board of Health, the Conservation Commission, the Historic Review Commission, but with the exception of a special permit from the Zoning Board of Appeals, if anticipated, or other permits which legally must succeed the site plan approval by the SPGA.
(g) 
Operation and maintenance plan. The applicant shall submit a plan for maintenance of access roads and stormwater controls, as well as general procedures for operational maintenance of the wind facility.
(4) 
The SPGA shall have the right, upon good cause, to waive all or any part of the above site plan content requirements, such waiver to occur within a duly noticed public meeting or public hearing.
J. 
SPGA decision. The SPGA shall issue a decision within 90 days following the date of the public hearing. The applicant shall be responsible for filing the SPGA decision at the Barnstable Registry of Deeds or Land Court, as applicable. Prior to the issuance of a building permit, the applicant shall present evidence of such recording to the Building Commissioner and the Planning Board Secretary.
K. 
Term of special permit.
(1) 
A special permit issued for a wind facility shall be valid for 25 years, unless extended or renewed. The time period may be extended or the permit renewed by the SPGA upon satisfactory operation of the wind facility. Request for renewal must be submitted at least 180 days prior to expiration of the special permit. Submitting a renewal request shall allow for continued operation of the facility until the SPGA acts. At the end of that period (including extensions and renewals), the WF shall be removed as required by this section.
(2) 
The applicant or facility owner shall maintain a phone number and identify a responsible person for the public to contact with inquiries and complaints throughout the life of the project.
[Added 4-26-2011 ATM; amended 9-10-2022 STM by Art. 17]
6.26.1. 
Purpose. The purpose of this bylaw is to further the goal of encouraging various lot sizes and housing types for persons of various income levels in accordance with MGL c. 40A, § 9 which allows municipalities to adopt "incentive" ordinances for the creation of affordable year round dwellings, and for the purpose of helping people who, because of rising land prices, have been unable to obtain suitable housing at an affordable price and maintaining a stable economy by preventing out-migration of residents who provide essential services.
6.26.2. 
Authority.
A. 
The Planning Board is hereby designated the special permit granting authority for all affordable dwelling development applications under this bylaw and shall have the power to hear and decide applications for special permits and to adopt regulations for carrying out its duties under this bylaw.
B. 
For the purpose of promoting the development of affordable dwellings in Wellfleet, the Planning Board may by special permit allow the creation of affordable dwellings in residential and commercial zoning districts consistent with § 235-5.3A of the Zoning Bylaws. All affordable dwellings created shall be for the primary and sole domicile of the eligible tenant or owner for year-round occupancy.
6.26.3. 
Special permit requirements for affordable dwellings.
A. 
The Planning Board shall have the discretion to reduce the off-street parking requirements otherwise applicable under § 235-6.3A where:
(1) 
The number of units to be restricted under § 235-6.26 equals or exceeds 25% of the total units; and
(2) 
The applicant demonstrates that the proposed parking is sufficient to address the parking needs of the affordable dwelling and/or affordable dwelling development.
B. 
The second unit created, and at a minimum, every fourth unit created thereafter, shall be deed restricted as permanently affordable units, per the applicable standards in Section 6.26.6 below.
C. 
An affordable dwelling unit must have the following minimum areas:
(1) 
Studio: 250 square feet.
(2) 
One-bedroom units: 700 square feet.
(3) 
Two-bedroom units: 900 square feet.
(4) 
Three-bedroom units: 1,200 square feet.
(5) 
Four-bedroom units: 1,400 square feet.
D. 
The affordable dwelling development must conform to all other requirements of the Zoning Bylaw. In the event that a provision of § 235-6.26 conflicts with another provision of the bylaw, the provisions of § 235-6.26 shall control.
6.26.4. 
Standards and criteria. In reviewing applications under this bylaw, the Planning Board shall apply the following standards and criteria:
A. 
At least 25% of all dwelling units created under this bylaw shall be restricted as provided for under Section 6.26.6;
B. 
At least 25% of the total number of bedrooms within any affordable dwelling development shall be within said restricted dwelling units;
C. 
The applicant has conformed to the standards and criteria of this bylaw and will deliver the needed affordable dwelling units;
D. 
The proposed development is suitable for the proposed location, with proportions, orientation, materials, landscaping and other features that provide a stable and desirable character complementary and integral with the site's natural features;
E. 
The development, density increase or relaxation of zoning standards has no material, detrimental effect on the character of the neighborhood or Town and is consistent with the performance standards in § 235-8.4B of the Wellfleet Zoning Bylaws.
6.26.5. 
Area, setback and frontage requirements for affordable dwelling units and developments.
A. 
The Planning Board shall have discretion to reduce or suspend the minimum area and frontage requirements otherwise applicable under § 235-5.4A of the Wellfleet Zoning Bylaws for an affordable dwelling development; provided, however, that there must be at least 10,000 square feet of lot area for each bedroom created in an affordable dwelling development.
B. 
Where an applicant proposes to divide the tract of land that is the locus of a proposed affordable dwelling development, the minimum lot size shall be 20,000 square feet for each affordable unit. All other units included in the development shall comply with lot area requirements in § 235-5.4A of this Zoning Bylaw.
C. 
The Planning Board may, in its sole discretion, reduce the front, side or rear yard setback requirements of § 235-5.4B; provided, however, that said setbacks shall be no less than 10 feet.
D. 
In the case of a subdivided lot, the Planning Board shall have discretion to reduce or suspend the minimum road width for access and frontage may be created through the establishment of a common driveway deemed to provide safe and adequate access.
E. 
The Planning Board shall have the discretion to permit a density of less than 10,000 square feet for each bedroom if the applicant can demonstrate to the satisfaction of the Planning Board and the Board of Health that the sewage disposal system servicing the development will result in nitrogen loading of less than 10 parts per million.
6.26.6. 
Affordable dwelling restrictions in affordable developments. As a condition to any special permit issued under § 235-6.26, the applicant shall be required to execute an affordable housing deed restriction ("Restriction") and regulatory agreement in a form acceptable to the Planning Board. All restrictions shall be for perpetuity or the longest period allowed by law. No certificate of occupancy shall be issued until the applicant records the Regulatory Agreement and Affordable Housing Restriction in the Registry of Deeds and provides proof of same to the Building Commissioner.
A. 
The Restriction shall provide that units made available for ownership or rental shall be made available to households earning up to 100% of the area median income (AMI), adjusted for household size.
B. 
Any lot containing an affordable dwelling shall be subject to a recorded affordable housing deed restriction that shall restrict the lot owner's ability to convey or rent the affordable dwelling for the term of the restriction to an income-qualified individual or family in accordance with this section.
C. 
It shall be a condition upon every special permit issued under this bylaw that the applicant shall comply with any Massachusetts Department of Housing and Community Development ("DHCD") regulations under Chapter 40B of the Massachusetts General Laws and guidelines for qualification of the dwelling units created under this bylaw towards the Town's subsidized housing inventory, including but not limited to the form of the affordable housing deed restriction and regulations concerning tenant selection and marketing, unit design standards, and income eligibility standards and maximum rent or sale price.
D. 
In the event that a dwelling unit subject to a restriction created under this bylaw becomes vacant, the owner shall give written notice to the Wellfleet Housing Authority. It is the intent of this bylaw that a local preference shall be used in filling vacancies to the extent permitted by DHCD regulations and guidelines and state or federal laws.
E. 
An affordable dwelling available for ownership or rental shall be sold or rented to households earning up to 100% of the area median income (AMI), adjusted for household size. Property owners are required to submit to the Town or its agent information necessary to ensure that affordable dwelling units are occupied by income-eligible purchasers or tenants so as to ensure that the affordable dwelling units remain on the DHCD's Subsidized Housing Inventory.
F. 
This section shall not prevent a lot owner from building an affordable dwelling that meets the requirements of this bylaw and from transferring such dwelling and lot to an income-eligible immediate family member (sibling, parent or child) by gift or inheritance, provided that the restriction required by Section 6.26.6 is properly recorded prior to issuance of a building permit.
G. 
Penalty. Failure to comply with any provision of this section may result in fines established in § 235-8.3 of the Wellfleet Zoning Bylaws.
[Added 9-10-2022 STM by Art. 18]
6.27.1. 
Purpose: The purpose of this bylaw is to increase the supply of housing that is available and permanently affordable to low- or moderate-income households by allowing affordable dwellings to be built lots that do not meet the minimum lot size for the zoning district, provided the lots meet the criteria listed herein.
6.27.2. 
Applicability:
1. 
This bylaw shall apply to lots of record as of January 1, 2022, as recorded in a deed or plan on file with the Barnstable County Registry of Deeds or Land Court, regardless of whether the lot is held in common ownership with an adjoining lot, which do not meet the minimum lot size and yard requirements for the zoning district as determined by the Building Commissioner.
2. 
Any Dwellings created under this bylaw shall be designated as low or moderate income units, subject to an affordable housing deed restriction and Regulatory Agreement in accordance with MGL c. 40B, §§ 20-23, 760 CMR 56.00 the Local Initiative Program (LIP) and shall meet the guidelines and standards promulgated thereunder by the Department of Housing and Community Development (DHCD) for inclusion in the DHCD Subsidized Housing Inventory as Local Action Units. For purposes of this bylaw, "affordable" shall mean that the units are available for ownership or rental to households earning at or below 80% of the Barnstable County Area Median Income, adjusted for household size and shall remain affordable in perpetuity or for the longest period allowed by law.
6.27.3. 
The Building Commissioner may allow construction of a One Family Dwelling, restricted by a Regulatory Agreement and/or Affordable Housing Deed Restriction in a form acceptable to the Department of Housing and Community Development, executed and recorded by the applicant, as an affordable homeownership or rental dwelling unit in perpetuity or the maximum time period allowed by law, on an eligible parcel of land that meets the following criteria:
1. 
Parcel is not within the National Park District.
2. 
Parcel, at time of application, is not improved with any existing dwelling unit.
3. 
Parcel contains at least 10,000 square feet of contiguous upland area.
4. 
Parcel satisfies applicable Board of Health requirements.
5. 
Parcel satisfies applicable Town of Wellfleet's Conservation Commission Environmental Protection Regulations.
6. 
Parcel has a minimum of 20 feet of frontage on a way previously approved by the Planning Board under the Subdivision Control Law or a public way, having, in the opinion of the Planning Board, sufficient width, suitable grades and adequate construction to provide the needs of vehicular traffic. Lots without a minimum of 20 feet of frontage on a way may be permitted under this section if there is an adequate recorded access easement of at least 20 feet in width from the lot to a way previously approved by the Planning Board under the Subdivision Control Law or a public way, having, in the opinion of the Planning Board, sufficient width, suitable grades and adequate construction to provide the needs of vehicular traffic and emergency response apparatus.
7. 
The building setbacks shall not be less than 15 feet. If a dwelling is built within 25 feet of any other dwelling or principal structure a stockage type fence at least six feet in height shall be required by the Permit Granting Authority.
8. 
An applicant under this section shall submit a site plan that depicts the dimensions and setbacks of the subject Parcel, and the existing setbacks of principal structures on the lots immediately adjacent to the subject lot must be shown on the plans.
9. 
A Parcel shall not be built upon if the Parcel was purposely created, subject to a deed restriction or designated as an unbuildable lot as part of a subdivision open space or park, or by any other condition or agreement with the Town.
10. 
No part of any access driveway may be within 15 feet of a principal structure on an adjoining lot.
11. 
The Applicant must submit a Regulatory Agreement and Affordable Housing Deed Restriction, to be approved as to form by Town Counsel, that restricts the use of the dwelling unit to low- or moderate-income housing in perpetuity, or the maximum time period allowed by law. Said Regulatory Agreement shall include an Affirmative Fair Marketing Plan that complies with DHCD's requirements for the selection of income-eligible tenants/occupants and shall identify a Monitoring Agent who shall be responsible for ensuring that any re-sales of units created under this bylaw shall be made to income-eligible purchasers and comply with the Affirmative Fair Marketing Plan and Affordable Housing Deed Rider. The Applicant shall work with the Town to provide any information necessary to ensure that units created under this bylaw are eligible for inclusion on the Subsidized Housing Inventory maintained by the DHCD as Local Action Units. No building permit shall be issued until the Regulatory Agreement and Affordable Housing Deed Rider has been approved by Town Counsel, executed by all parties, and recorded at the Registry of Deeds and proof of such recording has been furnished to the Building Commissioner.
12. 
Transfer or Lease. A lot developed with a One Family Dwelling under this section shall be transferred or leased at such affordable re-sale price or rent set forth in the Regulatory Agreement.
13. 
Monitoring Agent. The Affordable Housing Deed Restriction shall identify a Monitoring Agent who shall ensure compliance with said deed restriction. The Wellfleet Housing Authority may serve as Monitoring Agent.
6.27.4. 
The Zoning Board of Appeals. As the Special Permit Granting Authority under this section the Zoning Board of Appeals may grant a special permit to allow construction of a One Family Dwelling, to be restricted as an affordable homeownership or rental dwelling unit in perpetuity or the maximum time period allowed by law, on a lot less than 10,000 square feet of upland if:
1. 
The Board finds that such a reduction in minimum lot requirement would further the purposes of the bylaw without causing any undue nuisance, hazard or congestion in the Town or neighborhood.
2. 
All criteria outlined in Section 6.27.3, except the minimum lot size may be less than 10,000 square feet of upland. The Special Permit Granting Authority may impose reasonable conditions and restrictions on the special permit that, in the opinion of the Zoning Board of Appeals, are necessary or appropriate to carry out the intent and purposes of the bylaw and protect the health, safety, convenience, and general welfare of the inhabitants of the Town.
6.27.5. 
Transfer or Lease. A lot developed with a One Family Dwelling under this section shall be transferred or leased at such affordable re-sale price or rent set forth in the Regulatory Agreement.
6.27.6. 
No Building Permit shall be issued by the Building Commissioner until the developer has demonstrated that all of the applicable requirements of § 235-6.27 have been met.
6.27.10. 
Conflicts with other bylaws. The provisions of this bylaw shall be considered supplemental to all other zoning bylaws. To the extent that a conflict exists between this bylaw and others, this bylaw section, and the provisions therein, shall apply.
[Added 9-18-2023 STM by Art. 5]
6.28.1. 
Purpose and Intent. The purpose of this bylaw is to encourage the development of housing that is affordable to persons of various ages and income levels in accordance with Massachusetts General Law, Chapter 40A, § 9, which allows municipalities to adopt "incentive" bylaws for the creation of affordable year-round housing, and for the purposes of:
A. 
Helping people who, because of rising land prices, have been unable to obtain suitable housing at an affordable price; and
B. 
Encouraging the creation of a range of housing opportunities for households of all incomes, ages, and sizes in order to support a strong, stable, and diverse year-round community and a viable and healthy local workforce and to prevent the displacement of Wellfleet residents:
C. 
Mitigating the negative impact of residential development on the availability and cost of housing:
D. 
Protecting the long-term affordability of such housing through appropriate, enforceable restrictions that run with the land; and
E. 
Creating dwelling units eligible for inclusion on the Town's Chapter 40B Subsidized Housing Inventory as maintained by the Department of Housing and Community Development (DHCD).
6.28.2. 
Applicability. In the CD, R1, R2, C, and C2 Zoning Districts, the inclusionary zoning provisions of this section shall apply to any project that results in a net increase of three or more dwelling units as part of a single application, where by new construction, a change in use, or by the alteration or rehabilitation of existing structures, provided, however, this bylaw shall not apply to nursing homes.
6.28.3. 
Mandatory Provision of Affordable Housing for Development of New Residential Units. In order to contribute to the local stock of affordable housing, any residential project that results in a net increase of three or more dwelling units as part of a single application as described in Subsection 6.28.2 shall provide a percentage of the dwelling units as deed restricted affordable housing units. This affordable housing requirement shall be 1/6 of the number of new dwelling units to be developed rounded up to the nearest whole number and shall be made a condition of a special permit, or the applicant shall meet the requirement in accordance with the following:
A. 
Development of three to six new dwelling units shall require the granting of a special permit by the Zoning Board of Appeals per § 235-8.4.2 and a Payment in Lieu of providing the required number of affordable units to be made to the Wellfleet Affordable Housing Trust Fund to fulfill the affordable housing requirement.
(1) 
Payment shall be made in accordance with the following formula:
• For 3 new dwelling units, the Payment in Lieu = (total # of new dwelling units) x (1/9) x (affordability gap)
• For 4 to 6 new dwelling units, the Payment in Lieu = (total # of new dwelling units) x (1/6) x (affordability gap)
(2) 
The applicant shall pay for all appraisals, and the Town shall approve the applicant's chosen appraiser
(3) 
The Payment in Lieu shall be due:
a. 
Upon the issuance of a certificate of occupancy of any market-rate unit in the development; or
b. 
The total Payment in Lieu shall be divided by the total number of market rate units in the development, and the resulting quotient shall be payable upon the closing of each market rate unit.
B. 
Development of seven or more new dwelling units shall require the granting of a special permit by the Zoning Board of Appeals per § 235-8.4.2 and at least 1/6 (16.67%) of the new units created shall be established as affordable housing units, which shall be rounded up to the nearest whole number and shall be made a condition of a special permit, in any one or combination of methods provided for below:
(1) 
The Affordable Housing units shall be constructed or rehabilitated on the site subject to the special permit, in accordance with § 235-6.28.4; or
(2) 
The Affordable Housing units shall be constructed or rehabilitated on a site other than the one subject to the special permit, in accordance with § 235-6.28.4, provided justification is provided that on-site development of said units is not feasible and off-site development of said units is beneficial to the Town, and applicable building or zoning permits are granted contemporaneously for both developments; or
(3) 
A Payment in Lieu of providing affordable housing units shall be made to the Wellfleet Affordable Housing Trust Fund. Payment shall be made in accordance with the following formula:
a) 
For seven or more new dwelling units, the Payment in Lieu = (total # of new dwelling units) x (1/4) x (affordability gap)
b) 
The applicant shall pay for all appraisals, and the Town shall approve the applicant's chosen appraiser.
c) 
The Payment in Lieu shall be made upon the sale or certificate of occupancy of each market-rate unit, whichever occurs sooner; or
(4) 
A Land Donation in Lieu of providing affordable housing units shall be provided to the Wellfleet Affordable Housing Trust, provided that:
a. 
The receiving organization agrees in writing to accept the land;
b. 
The applicant demonstrates to the Zoning Board of Appeals' satisfaction that the land may support the future development of affordable housing;
c. 
The value of donated land shall be equivalent to or greater than the value of the required Payment in Lieu. The Zoning Board of Appeals may require, prior to accepting the donations of land to the Wellfleet Affordable Housing Trust as satisfaction of the requirements of this bylaw, that the applicant submit an appraisal of the land in question that was prepared by a licensed appraiser using professionally accepted methods, as well as other data relevant to the determination of equivalent value, and the Zoning Board of Appeals may obtain expert peer review of the appraisal at the applicant's expense; and
d. 
Closing on the land donation shall occur before the issuance of the first building permit.
6.28.4. 
Provisions Applicable to Affordable Housing Units Located On-Site and/or Off-Site.
A. 
Affordable housing units created in accordance with this bylaw shall have a deed restriction and Regulatory Agreement to regulate the future re-sale or rental of the unit and that requires the units to remain income restricted in perpetuity or the longest period allowed by law. Said deed restriction and Regulatory Agreement shall be consistent with the forms used in the Local Initiative Program and Regulatory Agreement approved by DHCD. The Regulatory Agreement shall be prepared in a form acceptable to Town Counsel by the Applicant and submitted for review and approval. The Regulatory Agreement will be executed by the Applicant, the Town of Wellfleet and DHCD and shall be recorded with the Barnstable County Registry of Deeds; or/and
B. 
The applicant shall be responsible for preparing and submitting any documentation that may be required to receive Local Action Unit approval from DHCD and to qualify the affordable housing units for listing on the SHI. The applicant shall also be responsible for providing annual compliance monitoring and certification to the Town or its monitoring agent and to pay for the costs of the Town for providing such compliance monitoring.
C. 
No building permit shall be issued for any units in the development until the Zoning Board of Appeals receives evidence that the Affordable Housing deed restriction has been approved by DHCD or by Town Counsel.
D. 
No certificate of occupancy shall be issued for any units in the development until the Building Commissioner receives evidence that the affordable housing deed restriction has been executed and recorded at the Barnstable County Registry of Deeds or that the Payment in Lieu has been made in accordance with this bylaw or as modified by the special permit conditions.
E. 
Affordable housing units shall be integrated with the rest of the development or with the off-site location and shall be comparable to and indistinguishable from market rate units in exterior design, including appearance, construction and quality of materials, and in energy efficiency.
F. 
The number of bedrooms in each affordable housing unit shall be made a part of the special permit and shall be based on local need as determined by the Zoning Board of Appeals in consultation with the Wellfleet Housing Authority.
G. 
Owners and tenants of on-site affordable housing units and market rate units shall have the same rights and privileges to access and use any of the development's amenities and facilities.
H. 
The development of affordable housing units shall take place at the same rate and timeframe as the development of market rate units.
1) 
Building permits for any phased development shall be issued at a ratio of no greater than five market rate units to one affordable housing unit, building permits for subsequent phases shall not be issued unless all the required affordable housing units in the preceding phase are constructed and the deed restrictions recorded. The last unit permitted, constructed and occupied shall be a market rate unit.
2) 
The project may also be constructed in its entirety with all permits issued at once, provided that the occupancy permits are issued at a ratio of five market rate units to one affordable housing unit. The last certificate of occupancy to be issued shall be for a market rate unit and shall not be issued unless and until all affordable housing units are occupied.
I. 
All affordable housing units created under this bylaw shall be occupied by income-eligible purchasers or tenants. No affordable housing unit created under this bylaw shall be used as a Short-Term Rental, as such term is defined by General Laws Chapter 64G.
6.28.5. 
(Reserved)
6.28.6. 
Segmentation prohibition. Developments shall not be phased or segmented to avoid compliance with conditions or provisions of this bylaw. "Segmentation" shall be defined as dividing one parcel of land into two or more parcels of land in that cumulatively results in a net increase of three or more dwelling units above the number existing 36 months earlier on any parcel or set of contiguous parcels held in common ownership or under common control on or after the effective date of this section.
6.28.7. 
Conflict with other bylaws. The provisions of this bylaw shall be considered supplemental to existing zoning bylaws. To the extent that a conflict exists between this bylaw and others, the more restrictive bylaw, or provisions therein, shall apply.
6.28.8. 
Severability. If any provision of this bylaw is held invalid by a court of competent jurisdiction, the remainder of the bylaw shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this bylaw shall not affect the validity of the remainder of Wellfleet's Zoning Bylaws.
[1]
Editor's Note: Former § 235-6.28, regarding affordable housing, was renumbered as § 235-6.26 at the 9-10-2022 STM by Art. 17.
[4-25-2011 ATM]
Purpose: The Cape Cod seaside character of Wellfleet is unique, and is important to the people of the community and their collective identity as a community, as well as to the visiting public. Far more than most Cape Cod towns, Wellfleet retains its rural village character, which is integral to the fabric of the community. Wellfleet is also traditionally home to small, locally owned and operated businesses. In these senses, Wellfleet has maintained its identity in a manner rare in the region. The purpose and intent of the formula-based restaurant prohibition is to address the adverse impact (in terms of noise, litter, traffic, and aesthetically inappropriate development) that standardized fast-food and formula restaurants would have on Wellfleet's distinctive Cape Cod character, general welfare, and historical and cultural relevance as a rural community. These uses are therefore prohibited in order to preserve and protect the unique and locally oriented community experience of Wellfleet, and all that this offers to its citizens and tourists alike as a treasured destination. This policy is also consistent with the policy direction of the Town's Comprehensive Plan, the Cape Cod Commission Act, and the enabling act of the Cape Cod National Seashore, with which Wellfleet is intimately and intricately associated.