201.1 
Classes of Districts. The Town of Yarmouth is herewith divided into the following classes of districts:
Residential (Res.): R-87, R-40, R-25, RS-40
Business: B1, B2, B3
Floodplain Zones: VE, AE, AO, AH, X
Municipal Use (MU)
Adult Entertainment District (AED)
Revitalization Overlay District (ROAD)
Medical Services Overlay District (MOD)
Hotel/Motel Overlay District 1 (HMOD1)
Hotel/Motel Overlay District 2 (HMOD2)
Village Centers Overlay District 1 (VC1)
Village Centers Overlay District 2 (VC2)
Village Centers Overlay District 3 (VC3)
Village Centers Overlay District 4 (VC4)
Registered Marijuana Dispensary Overlay District (RMDOD)
201.2 
Zoning Map. B1, B2, B3, AED, MU, APD, MOD, HMOD1, HMOD2, ROAD, all districts of the VCOD, RMDOD and all residential districts are defined and bounded as shown on the map entitled "Official Zoning Map of the Town of Yarmouth," dated October 29, 2019, or as most recently amended. This map and all explanatory matter thereon is hereby made part of this bylaw.
201.3 
(Deleted)
201.4 
Floodplain Zones. The Floodplain Zones are herein established as an overlay District and include all special flood hazard areas within the Town of Yarmouth designated as Zone AE, AO, AH and 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 (NFIP). The map panels of the Barnstable County FIRM that are wholly or partially within the Town of Yarmouth are panel numbers 25001C0557J, 25001C0559J, 25001C0567J, 25001C0569J, 25009C0576J, 25009C0577J, 25009C0578J, 25009C0579J, 25009C0583J, 25001C0586J, 25001C0587J, 25001C0588J, 25001C0589J, 25001C0591J, 25001C0782J, and 25001C0801J, dated July 16, 2014. 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 Division, the Engineering Division, the Planning Division, and the Town Clerk.
201.5 
B1. (Deleted 11/2/2021).
201.6 
B2. (Deleted 11/2/2021).
201.7 
District Boundaries. Boundaries of Zoning Districts shall be as shown on the Official Zoning Map. Where any uncertainty exists with respect to the boundary of any zoning district, as shown on the Zoning Map, the following rules shall apply:
a. 
Boundaries of Zoning Districts shown on the Zoning Map which approximately follow or terminate at a town line, or current or former lot line, or street layout line, or edge of waterways/waterbodies shall be construed to be actually at those lines.
b. 
Boundaries of Zoning Districts shown on the Zoning Map which approximately follow or terminate along a railroad shall be interpreted to be the southern boundary line of the railroad property.
c. 
Boundaries of Zoning Districts shown on the Zoning Map which approximately follow or terminate electric transmission lines south of Route 6, shall be interpreted to be at the centerline of the powerlines (approximately 33' north of the utility easement line).
d. 
Rear boundary lines for B1, B2, and B3 along Willow Street and Route 28 that do not follow a property line shall not exceed one thousand two hundred (1,200) feet in depth, and shall be construed to be parallel to the road layout line.
e. 
When not locatable in any other way, boundaries shall be determined by scale from the map.
f. 
Whenever any dispute arises on zoning district boundaries as to the exact location of a district boundary line, the Building Commissioner or his/her duly authorized and qualified designee, shall determine the location of the line.
201.8 
Lots in Two Districts. Where a district boundary line divides a lot in existence at the time such line is adopted, the regulations for the less restricted portion of such lot shall extend not more than thirty (30) feet into the more restricted portion, provided that the lot has frontage on a street in the less restricted district.
202.1 
Application. No building or structure shall be erected and no premises shall be used, except as set forth in the Use Regulations Schedule, or in other sections of this bylaw. If a use is not specifically allowed, by right or special permit, it shall be considered to be not allowed unless an appeal is taken under section 102.2.3 and it is shown beyond a reasonable doubt to be of similar nature and at least no more noxious nor detrimental to the welfare of the neighborhood than a specifically allowed use.
Other uses specifically prohibited in the Aquifer Protection Overlay District, are listed in Bylaw section 406.4.1.
The various classes and subclasses of uses listed here come, generally, from the North American Industry Classification System, as amended. While the manual may be used from time to time as a guide for clarification, the final application shall be as the "common man" would interpret these uses in conjunction with the intent below.
202.2 
Intent. It is the intent of this section to promote a choice in housing types, including that for transients and broaden the economic base of the town and create employment while at the same time protecting the public health by preserving air, water and groundwater quality and enhancing the public welfare through regulations, or banning land uses which are noisy, dusty, dirty, smelly, dangerous or otherwise a nuisance to the public at large.
Note: These last, - noisy, etc., statements are to be considered away from the place of activity, so that, while a bowling alley may be noisy to a bowler, it will not be so to the public driving past.
202.3 
More Than One Use. Where a proposed use might be classified under more than one of the following classes, the more specific classification shall determine permissibility; if equally specific, the more restrictive shall prevail.
202.4 
Symbols. The symbols used in the Use Regulation Schedule shall mean the following:
Yes - Permitted
No - Prohibited
BA - Permitted only under a Special Permit issued by the Board of Appeals
PB - Permitted only under a Special Permit issued by the Planning Board
202.5 
Use Regulation Table.
Res.
RS-40
B121
B221
B321
RMDOD44
MU
APD
AED
MOD
HMOD1
HMOD2
VC1
VC2
VC3
VC4
A. Residential
A1 Single-family dwelling
yes
yes
yes
yes
no
no
yes
yes
no
yes
yes
yes
no41
no41
no41
no41
A2 Two-family dwelling48
yes
no
yes
PB24
no
no
yes
yes
no
yes
yes
yes
no41
no41
no
no
A3 Multi-family dwelling (in Custer/PRD only)
BA14
no
BA14
BA14
no
no
BA14
BA16
no
BA14
no
no
no
no
no
no
A4 Cluster/Planned Residential development
PB
no
PB
PB
no
no
PB
PB
no
PB
no
no
no
no
no
no
A5 Boarding or Lodging house
BA
no
BA
BA
BA
no
BA
BA16
BA
BA
PB
PB
no
BA
no
no
A6 Guesthouse, Inn, or Bed & Breakfast Inn
BA
no
BA
BA
BA
no
BA
BA16
BA
BA
PB
PB
BA
BA
no
no
A7 Hotel or motel
no
no
no
yes42, 43
no
no
no
PB
no
no
yes42, 43
yes42,43
yes42, 43
yes42, 43
yes42, 43
yes42, 43
A8 Mobile home
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
A9 Mobile home park
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
A10 Accessory apartments
BA
BA
BA
BA
no
no
no
BA
no
BA
no
no
no
no
no
no
A11 Employee Housing at non Motels/Hotels
no
no
no
yes47
no
no
no
no
no
BA
no
no
no
no
no
no
A11A Seasonal Employee Housing at Motels/Hotels
no
no
no
yes43
no
no
no
no
no
yes43
yes43
yes43
yes43
yes43
yes43
yes43
A12 Multi-family
no
no
no
no24
no
no
no
PB16
no
BA
no24
no
yes28
yes28
yes28
yes28
A13 Short-Term Rentals54
yes
yes
yes
yes
no
no
yes
yes
no
yes
no
no
no
no
no
no
B. AGRICULTURE
B1 Agricultural production of Crops
yes7
yes7
yes7
yes7
yes7
no
yes7
yes
yes7
yes7
yes7
yes7
yes7
yes7
yes7
yes7
B2 Agricultural production of livestock (except on feed lots - then no)
yes7
yes7
yes7
yes7
yes7
no
yes7
yes
yes7
yes7
yes7
yes7
yes7
yes7
yes7
yes7
B3 Agricultural service agencies
no
no
yes4
yes2
BA
no
no
BA16
BA
no
yes2
no
no
no
no
no
B4 Forestry, fishing, hunting
yes
yes10
yes
yes
yes
no
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
C. MINING AND MINERAL EXTRACTION
C1 Mining & mineral extraction (including sand & gravel pits)
BA
no
no
BA
BA9
no
BA
BA16,17
BA9
BA
no
no
no
no
no
no
D. CONSTRUCTION
D1 General building contractor's yard
no
no
no
no
yes9
no
no
BA16
yes9
no
no
no
no
no
no
no
D2 Heavy construction contractor's yard
no
no
no
no
BA
no
no
BA16
BA
no
no
no
no
no
no
no
D3 Special trade contractor's yard
no
no
no
no
yes9
no
no
BA16
yes9
no
no
no
no
no
no
no
E. MANUFACTURING
E1 Food & kindred products (*except no manufacturing of fats, oils & shortening)
no
no
no3,52
no52
yes9*
no
no
BA16
yes9*
no
no
no
no
no
no
no
E2 Tobacco products
no
no
no3
no
yes9
no
no
BA16
yes9
no
no
no
no
no
no
no
E3 Textile mill products (*except no dying, finishing of yarn & thread mills or coated fabrics)
no
no
no3
no
yes9*
no
no
BA16
yes9*
no
no
no
no
no
no
no
E4 Apparel & other textile products, leather & leather products (*except no for tanning & finishing
no
no
no3
no
yes9*
no
no
BA16
yes9*
no
no
no
no
no
no
no
E5 Lumber & wood products (*except wood preserving BA, plywood & particle board BA)
no
no
no3
no
yes9*
no
no
BA16
yes9*
no
no
no
no
no
no
no
E6 Furniture & fixtures
no
no
no3
no
yes9
no
no
BA16
yes9
no
no
no
no
no
no
no
E7 Paper & allied products (*except BA for manufacture of products from purchased paper & allied material)
no
no
no3
no
no*
no
no
BA16
no*
no
no
no
no
no
no
no
E8 Printing & publishing (*except BA for printing)
no
no
yes9,18
yes9, 18
yes9*
no
no
BA16
yes9*
no
no
no
no
no
no
no
E9 Chemicals & allied products
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
E10 Petroleum & coal products
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
E11 (Deleted 12-11-07)
no
E12 Stone, clay & glass products
no
no
no3
no
yes9
no
no
BA16
yes9
no
no
no
no
no
no
no
E13 Primary metal industries
no
no
no3
no
no
no
no
no
no
no
no
no
no
no
no
no
E14 Fabricated metal products (*except no for coating, engraving & allied services)
no
no
no3
no
BA9*
no
no
BA16
BA9*
no
no
no
no
no
no
no
E15 Machinery, except electrical
no
no
no3
no
BA9
no
no
no
BA9
no
no
no
no
no
no
no
E16 Electrical & electronic equipment
no
no
no3
no
BA9
no
no
BA16
BA9
no
no
no
no
no
no
no
E17 Transportation equipment
no
no
no3
no
BA9
no
no
BA16
BA9
no
no
no
no
no
no
no
E18 Misc. manufacturing industries
no
no
no3
no
BA9
no
no
BA16
BA9
no
no
no
no
no
no
no
F. TRANSPORTATION AND PUBLIC UTILITIES
F1 Railroad transportation terminal
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
F2 Local & commuter passenger transportation terminal (incl. bus, cab, rail & other transportation)
no
no
no
BA
no
no
no
no
no
no
no
no
no
no
no
no
F3 Trucking & warehousing
no
no
no
no
yes8,9
no
no
BA16,22
yes8,9
no
no
no
no
no
no
no
F4 Water transportation
no
no
no
BA
yes8,9
no
no
BA16
yes8,9
no
no
no
yes29
yes29
yes29
no
F5 Aviation field
no
no
no
no
no
no
BA
no
no
BA
no
no
no
no
no
no
F6 Transportation services
no
no
yes2,4,18
yes2,18
yes8,9
no
no
BA16
yes8,9
no
no
no
BA2
no
BA2
BA2
F7 Communications facilities
BA20
BA20
BA20
BA20
BA20
no
BA20
BA20
BA20
BA20
no
no
BA20
BA20
BA20
BA20
F8 Public utility
no
no
BA4
BA
BA
no
BA
BA16
BA
no
no
no
no30
no30
no30
no30
G. WHOLESALE TRADE
G1 Wholesale of durable or non-durable goods (*except: no for petroleum products. no for chemical & allied products. no for junk yards)
no
no
no
no
yes9*
no
no
BA16
yes9*
no
no
no
no
no
no
no
H. RETAIL TRADE
H1 Building materials & garden supplies
no
no
yes2,4,18
yes2,18
no
no
no
BA16
no
no
no
no
yes
no
yes
yes
H2 General merchandise stores
no
no
yes2,4,18
yes2,18
no
no
no
yes
no
no
yes2,18
no
yes
yes
yes
yes
H3 Food stores
no
no
yes2,4,18
yes2,18
no
no
no
yes
no
no
yes2,18
no
yes
yes
yes
yes
H3A Farmers' Markets (as outlined by the Select Board's Farmers' Market Policy)
yes
yes
yes
yes
yes
no
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
H4 Sale of autos, boats, motor cycles, mopeds or other motorized recreational vehicles (includes service as accessory to sales)
no
no
BA
BA
no
no
no
no
no
no
no
no
no36
no36
no
no
H5 Sale of trucks, mobile homes or other heavy motorized equipment (includes service as accessory to sales)
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
H6 Motor vehicle fuel & service
no
no
BA2
BA2,18
no
no
no
no
no
no
no
no
no
no
no
no
H7 (Deleted 12-11-07)
no
H8 Apparel & accessories
no
no
yes4,18
yes2,18
no
no
no
yes
no
no
yes2,18
no
yes
yes
yes
yes
H9 Furniture & home furnishings
no
no
yes4
yes2
no
no
no
yes
no
no
yes2
no
yes
yes
yes
yes
H10 Eating & drinking establishments
no53
no53
yes18
yes18
no
no
no
BA16
no
no
yes18
no24
yes
yes
yes
yes
H11 Miscellaneous retail stores (*except BA for fuel oil dealers; no junk yards in any district)
no
no
yes4,18
yes2,18
no
no
no
yes8,9
no
no
yes2,18
no
yes37
yes37
yes37
yes
I. FINANCE, INSURANCE AND REAL ESTATE
I1 Banking & credit agency office
no
no
yes18
yes18
yes
no
no
yes
yes
no
yes18
no
yes
yes
yes
yes
I2 Security & commodity brokers & services
no
no
yes18
yes2,18
yes
no
no
yes
yes
no
yes2,18
no
yes
yes
yes
yes
I3 Insurance carriers, agents & brokers office
no
no
yes18
yes2, 18
yes
no
no
yes
yes
no
yes2, 18
no
yes
yes
yes
yes
I4 Real estate managers, agents & service office & land subdivision
no
no
yes18
yes2, 18
yes
no
no
yes
yes
no
yes2, 18
no
yes
yes
yes
yes
I5 Holding & other investment office
no
no
yes18
yes2, 18
yes
no
no
yes
yes
no
yes2, 18
no
yes
yes
yes
yes
J. PERSONAL SERVICES
J1 Laundry, dry cleaning & garment services
no
no
yes4, 18
yes2, 18
no
no
no
BA16
no
no
yes2, 18
no
yes38
yes38
yes38
yes
J2 Photographic studios
no
no
yes4, 9, 18
yes2, 9, 18
no
no
no
BA16
no
no
yes2, 9, 18
no
yes
yes
yes
yes
J3 Beauty & barber shops & other personal care services
no
no
yes4, 18, 23
yes2, 18
no
no
no
BA16
no
no
yes2, 18
no
yes
yes
yes
yes
J4 Funeral home
no
no
yes4, 18
yes2, 18
BA9
no
no
BA16
BA9
no
yes2, 18
no
no
no
no
BA
J5 (Deleted 12-11-07)
no
J6 Miscellaneous personal services
no
no
yes4, 18
yes2, 18
BA9
no
no
BA16
BA9
no
yes2, 18
no
yes
yes
yes
yes
K. BUSINESS SERVICES
K1 Advertising agencies
no
no
yes4, 18
yes2, 18
yes8
no
no
yes
yes8
no
yes2, 18
no
no
no
yes
yes
K2 Consumer credit reporting agencies
no
no
yes4, 18
yes2, 18
yes8
no
no
yes
yes8
no
yes2, 18
no
no
no
yes
yes
K3 Mailing, reproduction, commercial art & stenographic services
no
no
yes4, 18
yes2, 18
yes8
no
no
BA16
yes8
no
yes2, 18
no
no
no
yes
yes
K4 Building cleaning & maintenance services
no
no
yes4, 18
yes2, 18
yes8, 9
no
no
BA16
yes8, 9
no
yes2, 18
no
no
no
yes
yes
K5 Extermination services
no
no
yes4, 18
yes2, 18
yes8, 9
no
no
BA16
yes8, 9
no
yes2, 18
no
no
no
no
yes
K6 News syndicates
no
no
yes4, 18
yes2, 18
yes8
no
no
yes
yes8
no
yes2, 18
no
no
no
yes
yes
K7 Personnel supply services
no
no
yes4, 18
yes2, 18
yes8
no
no
yes
yes8
no
yes2, 18
no
no
no
yes
yes
K8 Computer & data processing
no
no
yes4, 18
yes2, 18
yes8, 9
no
no
yes
yes8, 9
no
yes2, 18
no
no
no
yes
yes
K9 Detective agencies & guard services
no
no
yes4, 18
yes2, 18
yes8
no
no
yes
yes8
no
yes2, 18
no
no
no
yes
yes
K10 Motion picture production, distribution & services
no
no
yes4, 18
yes2, 18
yes8, 9
no
no
BA16
yes8, 9
no
yes2, 18
no
no
yes
yes
yes
K11 Misc. Businesses
no
no
yes4, 9, 18
yes2, 9, 18
BA8, 9
no
no
BA16
BA8, 9
no
yes2, 9, 18
no
no
no
yes9
yes9
L. MOTOR VEHICLE SERVICES
L1 Auto, bus, truck & trailer rental (no vehicle servicing allowed)
no
no
BA
BA
yes8, 9
no
no
BA16
yes8, 9
no
no
no
no
no
no39
no
L2 Commercial parking lots
no
no
no
BA
yes9
no
no
BA16
yes9
no
no
no
yes31
yes31
yes31
yes31
L3 Mechanical repair shop
no
no
BA
BA
no
no
no
no
no
no
no
no
no40
no40
no
yes
L4 Auto body & paint shop
no
no
BA
BA
no
no
no
no
no
no
no
no
no
no
no
no
L5 Other auto services
no
no
BA
BA
no
no
no
no
no
no
no
no
no
no
no
no32
L6 Junk yard or similar
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
L7 Medical Services Appurtenant Parking
no
no
no
no
no
no
no
no
no
yes
no
no
no
no
no
no
M. MISCELLANEOUS REPAIR SERVICES
M1 Electrical repair (including refrigeration & air conditioning)
no
no
yes4, 18
yes2, 18
yes8, 9
no
no
BA16
yes8, 9
no
yes2, 18
no
no
no
yes
yes
M2 (Deleted 12-11-07)
no
M3 Reupholstery & furniture repair (*except no for paint stripping)
no
no
yes4, 18
yes2, 18
yes8, 9*
no
no
BA16
yes8, 9*
no
yes2, 18
no
no
no
no
yes
M4 Misc. repair shops & related services
no
no
yes4, 18
yes2, 18
yes8, 9
no
no
BA16
yes8, 9
no
yes2, 18
no
BA
no
BA
BA
N. AMUSEMENT & RECREATION SERVICES
N1 Movie & drive-in theaters
no
no
BA
BA
BA
no
no
BA16
BA
no
PB
no
BA33
BA33
BA33
BA33
N2 (Deleted 12-11-07)
N3 Theatrical productions, including bands, orchestras & entertainers
no
no
BA51
BA51
BA
no
no
BA16
BA
no
PB
no
yes
yes
yes
yes
N4 Bowling alleys & billiard establishments
no
no
BA
BA
BA
no
no
BA16
BA
no
PB
no
no
no
yes
yes
N5 Professional sports establishments
no
no
BA
BA
BA
no
no
BA16
BA
no
PB
no
no
no
yes
yes
N6 Public golf course
BA
no
BA
BA
BA
no
BA
BA16
BA
BA
no
no
no
no
no
no
N7 Coin-op amusement arcade
no
no
BA
BA
BA
no
no
BA16
BA
no
PB
no
BA
BA
yes
yes
N8 Private sports & recreation club
no1
no
BA
BA
BA
no
no1
BA16
BA
no1
PB
no1
BA
no
BA
BA
N9 Municipal recreation use
BA
no
BA
BA
BA
no
yes
BA16
BA
BA
PB
PB
yes
yes
yes
yes
N10 Temporary outdoor recreation
no46
no46
no46
no46
BA46
no
no46
BA46
BA
no
no
no
no
no
no
No
N11 Other miscellaneous amusement & recreation services
no
no
BA
BA
BA
no
no
BA16
BA
no
no
no
yes
no
yes34
Yes
N12 Adult Entertainment Enterprises, pursuant to section 410 of this Bylaw
no
no
no
no
no19
no
no
BA16
BA
no
no
no
no
no
no
No
O. PROFESSIONAL SERVICES
O1 Doctors & dentists offices
no12
no12
yes
yes2
yes
no
no12
BA16
yes
yes
yes2
no12
yes
yes
yes
Yes
O2 Legal office
no12
no12
yes
yes2
yes9
no
no12
yes
yes9
no12
yes2
no12
yes
yes
yes
Yes
O3 Engineering & architectural office
no12
no12
yes
yes2
yes9
no
no12
yes
yes9
no12
yes2
no12
yes
yes
yes
Yes
O4 Accounting, auditing & book keeping office
no12
no12
yes
yes2
yes9
no
no12
yes
yes9
no12
yes2
no12
yes
yes
yes
Yes
O5 Management, consulting & public relations office
no12
no12
yes
yes2
yes9
no
no12
yes
yes9
no12
yes2
no12
yes
yes
yes
Yes
O6 Research & development office (except yes for medical purposes in the MOD)
no
no
BA
BA27
yes9
no
no
BA16
yes9
yes
PB
no
yes
no
yes
Yes
O7 Veterinary office (including kennel)
no
no
BA
BA
BA
no
no
BA16
BA
no
PB
no
no
no
no
no
O8 Other professional office
no12
no12
yes
yes2
yes8, 9
no
no
BA16
yes8, 9
no12
yes2
no12
BA
BA
BA
BA
P. INSTITUTIONAL SERVICES
P1 Educational institutions
yes
yes11
yes
yes
yes
no
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
P2 Religious institutions
yes
yes
yes
yes
yes
no
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
P3 Cemetery
BA
no
BA
BA
BA
no
BA
BA16
BA
BA
no
no
no
no
no
no
P4 Hospital
BA
no
BA
BA
BA
no
BA
no
BA
yes
no
no
no
no
no
no
P5 Nursing & personal care facility
BA
no
BA
BA
BA
no
BA
BA16
BA
BA
no
no
no
no35
no
no35
P6 Social service facility
BA
no
no
BA
BA
no
BA
BA16
BA
BA
no
no
no
no
no
no
P7 Day Care Center
yes
yes
yes
yes
yes
no
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
P7A Family Day Care Home
BA
BA
yes
yes
no
no
BA
BA16
no
BA
yes
no
no
BA
no
no
P8 Non-profit private club, civic or fraternal organization
BA
no
BA
BA
BA
no
BA
BA16
BA
BA
PB
PB
yes
yes
no
no
P9 Museum, art gallery, botanical or zoological garden
BA
no
BA
BA
BA
no
BA
BA16
BA
BA
PB
PB
yes
BA
yes
yes
P10 Municipal use (Municipal Use may include installation and operation of Municipal Wind Energy Facilities)
BA
BA
yes
yes
yes8, 9, 26
no
yes
BA16
yes8, 9
BA
yes
PB
yes
yes
yes
yes
Q. ACCESSORY USE
Q1 Temporary construction trailer
yes
yes
yes
yes
yes
no
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
Q2 Parking for more than 2 cars
BA
BA
yes
yes
yes
no
BA
yes
yes
BA
yes
no24
yes
yes
yes
yes
Q3 Other accessory uses if customarily incidental to any of the above permitted uses and not detrimental to the neighborhood
yes5
yes5
yes
yes
yes8, 9
no
yes
yes
yes8, 9
yes5
yes
yes5
yes
BA
yes
yes
Q4 Parking or storing of vehicles or trucks with 12 wheels or more or vehicles capable of hauling a unit of 12 wheels or over except for the purpose of constructing a home or structure or making a delivery or pickup
no
no
yes
yes
yes9
no
no
BA16
yes9
no
yes
no
no
no
no
no
Q5 Neighborhood convenience store in PRD
BA
no
BA
BA
no
no
BA
BA16
no
BA
no
no
no
no
no
no
Q6 Home Offices49
yes
yes
yes
yes
yes
no
no
yes
no
yes
yes
yes
yes
yes
yes
yes
Q7 Home Occupations50
yes
yes
yes
yes
yes
no
no
yes
no
yes
yes
yes
yes
yes
yes
yes
R. MISCELLANEOUS
R1 Registered Marijuana Dispensary
no
no
no
no
no
BA44
no
no45
no
no
no
no
no
no
no
no
R2 Marijuana Establishments
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
FOOTNOTES:
1.
Except "yes" if not for profit and in existence in the town prior to January 1, 1964.
2.
Only when the bulk of display and sales are conducted within a building.
3.
Except "yes" if the major portion of the products are to be sold at retail by the manufacturer and if there are not more than four (4) employees directly involved in the manufacture.
4.
Not involving manufacture on the premises except of products, the major portion of which are to be sold at retail by the manufacturer to the consumer, and provided further that not more than four (4) employees are directly involved in manufacture.
5.
Except BA for garage space for or storage of more than three (3) vehicles.
6.
Except "yes" for uses exempt from prohibition by G.L. Ch. 40, sec. 3, as amended.
7.
Except that retailing shall require a Special Permit.
8.
Provided that all but minor work and storage shall be conducted within a building sufficiently sound-insulated to confine disturbing noise to the premises.
9.
Provided that such use is not hazardous by reason of potential fire, explosion or radiation nor injurious or detrimental to the neighborhood by reason of dust, odor, fumes, wastes, noise, vibration, or other noxious or objectionable features, nor harmful to surface or ground water quality.
10.
Except "no" for trapping and hunting.
11.
For nonprofit use only, including Free Public Library.
12.
Allowed BA as an accessory use in a dwelling provided that it is the principal residence of the person utilizing the office space.
13.
Deleted (ATM 4/13/1993).
14.
Except that multi-family dwellings are not allowed north of Route 6 (Mid-Cape Highway).
15.
Deleted (ATM 4/11/2006).
16.
Subject to the provisions of Section 406, Aquifer Protection Overlay District.
17.
Except "yes" for Department of Public Works uses.
18.
Except BA for any new building, or new complex of buildings, with a first floor surface area of more than 10,000 square feet, and PB for these types of projects developing under Section 404.
19.
Except BA if within the Adult Entertainment District (AED).
20.
Communications Facilities are allowable, by Special Permit, pursuant to section 408 of this Bylaw.
21.
Uses permitted (yes), prohibited (no) or permitted only under Special Permit from the Board of Appeals (BA) or Planning Board (PB) shall be as stated hereunder based upon the property's location within the B1, B2 or B3 Zoning District, but may be modified by Special Permit subject to and with the benefit of section 411.
22.
Except no for self storage facilities.
23.
Except no for Body Art Establishments, as defined in Section 500 - Definitions.
24.
Except "yes" in accordance with the provisions of Section 404, or "BA" in accordance with the provisions of section 104.3.2, paragraph 4.
25.
Deleted (ATM 04/02/2012).
26.
Municipal Wind Energy Facilities are allowable by Special Permit, pursuant to Section 413 of this bylaw.
27.
Except yes for research & development facilities for renewable and alternative energy, as defined in section 500, in the B2 Zoning District.
28.
Only allowed pursuant to the Housing Provisions in the VCOD as listed in Section 414.
29.
Water Transportation is limited to establishments primarily engaged in providing water transportation of passengers such as water taxis.
30.
Except "yes" for public wastewater treatment plant.
31.
Includes "yes" for parking garage pursuant to the regulations set forth in Section 414, but "no" for surface parking lots.
32.
Except "BA" for car wash facility. Said car wash facility shall meet the requirements of a drive-through as provided for in Section 414.
33.
Except "no" for drive-in theaters.
34.
Includes a water park allowed pursuant to regulations set forth in Section 414.
35.
Except "PB" for Assisted Living Retirement Communities.
36.
Except "BA" for boat sales and service.
37.
Except "No" for fuel oil dealers.
38.
Except "No" for dry cleaning establishments that perform cleaning on-site.
39.
Except "BA" for car rental as an accessory use.
40.
Except "BA" for boat repair services.
41.
Except "Yes" for residences above commercial (top of shop).
42.
Including Extended Stay Hotels.
43.
On-Site Property Managers at Motels/Hotels may be approved in accordance with the provisions of Section 404.4. Seasonal Employee Housing at Motels/Hotels may be approved in accordance with the provisions of Section 404.5.
44.
Subject to the requirements of Section 415 - Registered Marijuana Dispensaries. The RMD Overlay District (RMDOD) applies solely for use code R1 - Registered Marijuana Dispensary. All other uses shall be subject to the underlying zoning.
45.
Except BA in the RMDOD.
46.
Except "Yes" for events meeting the definition of Temporary Outdoor Recreation, that are to be located on Town owned Land and for which all other applicable Town permits, approvals and licenses have been obtained, and for which approval has been obtain through application to the Town Administrator's office for Use of Town-Owned Property.
47.
Density of Employee Housing at non Motels/Hotels shall be one dwelling unit per minimum lot size, or per legally pre-existing non-conforming lot, with a maximum of 4 employee housing dwelling units per parcel. Housing must meet the definition of Employee Housing at non Motels/Hotels. All projects that create Employee Housing at non Motels/Hotels shall go through Site Plan Review.
48.
Refer to Section 203.5 - Table of Dimensional Requirements for minimum lot size for two-family dwellings.
49.
Home Offices are allowed by-right if they meet the definition of Home Offices.
50.
Home Occupations may be allowed by-right if they meet the criteria outlined in Section 416.
51.
Except "Yes" for Use N3 - Theatrical productions, including bands, orchestras & entertainers, if accessory to an allowed or otherwise permitted use, and an Entertainment License per MGL Chapter 140, Section 183A has been issued by the Select Board through application to the Town Administrator's office. This exception excludes any form of Adult Entertainment.
52.
Except "yes" for Brewpubs where the product is manufactured for consumption and retail sale on-site, and not for off-site distribution.
53.
Except "Yes" for Mobile Food Vendors that are to be located on Town owned land and for which all other applicable Town permits, approvals and licenses have been obtained, and for which approval has been obtained through application to the Town Administrator's office for Use of Town-Owned Property.
Mobile Food Vendors and all associated components including seating shall not be located within zoning setbacks. Signage shall be allowed per Section 303. Vendors shall be responsible for trash removal, ensuring safe pedestrian and vehicle access and circulation, fire access and safety, and adequate parking for all uses on the site. Vendors shall not generate excessive odors, smoke, noise or glare. No music or entertainment allowed unless an Entertainment License has been obtained from the Yarmouth Select Board. Hours of operation shall be as determined through the Use of Town-Owned Property application process.
54.
Short-Term Rentals may be allowed by-right if they meet the criteria outlined in Section 418.
203.1 
Buildings and Structures. All buildings and structures in any district shall meet the minimum requirements set forth in the following Table of Dimensional Requirements unless otherwise expressly provided by this law or by G. L. ch. 40A, sec. 6, as amended.
203.2 
Minimum Frontage Reduction.
203.2.1 
Residential Districts. The minimum required frontage may be reduced to fifty (50) feet in a residential district if the lot is capable of containing a square each side of which is equal to the minimum frontage normally required in that district. The width of any lot, between the street line and the proposed building setback line, shall be no less than twenty (20) feet.
No point along any side of the above requisite square shall exceed a distance from the street greater than the following:
District
Maximum Distance From Street
R-87
750 Feet
R-40
500 Feet
R-25
400 Feet
RS-40
500 Feet
Measurement of this distance to the street abutting the lot shall be taken within the lines of the lot.
203.3 
Front Yard. Except for properties developing or redeveloping pursuant to Section 414, VCOD, no building need be set back more than thirty percent (30%) of the depth of the lot nor more than the average of the setbacks of the buildings on the lots next thereto on either side. A vacant lot or a lot occupied by a building set back more than the required front yard setback is counted as though occupied by a building at the setback line. This section does not apply to VCOD development.
203.4 
Building Height.
203.4.1 
Unless otherwise indicated in this Bylaw, in all zoning districts, building height shall not exceed that which is outlined in Section 203.4.2 Table of Maximum Building Height. No building, except as outlined in Section 404 or in Section 414, shall contain more than three stories, except that the building height for motels that are not subject to the provisions of Section 404 or in Section 414, shall not exceed thirty (30) feet or contain more than two stories. In buildings intended solely for single-family residential use, a third story above grade may occur in a habitable attic. In no other buildings will a third story be allowed to be habitable, except in buildings to which Section 404 or Section 414 applies. Platforms, lofts and other structures constructed to provide a surface higher than the floor of the second story in any except single-family residential buildings and buildings to which section 404 or Section 414 applies, shall not be habitable.
Building height shall be measured from the street side of a structure. When a structure faces on more than one street the height shall be measured from the average of the grade of each street front. Where the grade at other faces of the building is lower than that of the street side, the height of the building above the lowest grade shall not exceed the allowable height by more than ten (10) feet. This will not affect the restrictions described above for building height as measured from the front of the building along average grade. Height limitations shall not apply to chimneys, spires, cupolas, antennas, or other similar structures not intended for human occupancy.
203.4.2 
Table of Maximum Building Height.
Structure
In FEMA Flood Zones A or V
Height (H) On Upland with a Negative Slope (C) See Figure 1
Height (H) On Upland with a Positive or Neutral slope (C) See Figure 2
HMOD1 Motels
Per 404.1.10
HMOD2 Motels
Per 404.2.9
Other motels (not in HMOD1 or HMOD2)
30' (A, D, E)
30' (A)
30' (A)
All residential structures
35' (A, D, E)
35' (A)
35' (B)
All other structures
35' (A, D, E)
35' (A)
35' (B)
VCOD (all districts)
Per Section 414
Notes:
A.
As measured from average natural grade at the street.
B.
As measured from average natural grade at the street side of the foundation.
C.
Lot slope is to be as determined from the street on which lot frontage is measured.
D.
No lot may be filled to a height greater than 4 feet, as measured from natural grade at the street. Elevated lots must be graded back to natural grade at the street at a slope ratio of no less 3:1 (horizontal: vertical) and may not utilize a retaining wall greater than 2 feet in height. These limitations are waived only to accommodate a raised septic system, if such a system is required by the Board of Health.
E.
If the building is located in a FEMA Flood Zone AO, height shall be measured from 1 foot above the Depth of Water shown on the Flood Insurance Rate Maps, measured from the average natural grade at the front face of the building foundation.
203-Figure1.tif
203-Figure2.tif
203.5 Table of Dimensional Requirements (A)
Zoning or Overlay District
Minimum Lot Size in Sq. Ft. (B, C, N, R, S)
Minimum Frontage in feet (F, G, R)
Minimum Yard in feet (D, E, R, U)
Maximum Building Coverage
(%)(R)
Maximum Shape Factor (V)
Front (1)
Side
Rear
R-87
87,210
200
30
50
75
25
22
R-40
40,000
150
30
20
20
25
22
R-25
25,000
150
30
15
20
25
22
RS-40
40,000
150
30
20
20
25
22
B1
25,000
150
30 (J, X, Y)
25
20
25 (L)
22
B2
20,000
125 (H)
30 (X, Y)
25
20
25 (L)
22
B3
40,000
100
30 (K, X, Y)
10 (K)
30
(P)
22
RMDOD
40,000
100
30 (W)
10 (W)
30(W)
(P)
22
MU
21,7800
(5 acres)
200
30
25
20
25
22
AED
40,000
100
30
10
30
(P)
22
HMOD1
20,000
125 (H)
30 (X, Y)
25
20
25 (L)
22
HMOD2
20,000
125 (H)
30 (X, Y)
25
20
25 (L)
22
MOD
20,000
75
20
15
15
35
22
APD
The Aquifer Protection Overlay District (APD) overlays the town's zoning districts; see the information above for dimensional requirements
(P)
ROAD
The Revitalization Overlay Architectural District (ROAD) overlays other commercial zoning districts, as described in section 411.3
VCOD
(all districts)
The Village Centers Overlay District (VCOD) overlays other districts and the dimensional requirements of Section 414 shall govern.
Notes:
A.
See section 402 for dimensional requirements in a cluster or multi-family development.
B.
Motels/hotels, where allowed, shall have a minimum lot area of 25,000 square feet and shall be constructed at a density of not more than one (1) unit per one thousand (1,000) square feet of lot area and shall conform to the minimum lot size in the table above.
C.
Except for properties to which Section 404 applies, two-family dwellings, where allowed, require twice (2 times) the normal minimum lot size of the district.
D.
The following are specifically excluded from these regulations:
1.
Fences, walls, poles, posts, paving and other customary yard accessories, ornaments and furniture, ramps, landings and similar structures needed for handicapped access.
2.
Cornices, window sills, belt courses and other ornamental features may project not more than eighteen (18) inches; bay/bow windows, greenhouse windows and eaves may project not more than twenty-four (24) inches, and chimneys may project not more than thirty-two (32) inches into any required yard.
3.
Any stairway and associated landing may project into a required front yard if it is less than thirty (30) inches in height.
E.
Side and rear yard setbacks for accessory buildings containing one hundred fifty (150) square feet or less and single story, shall be six (6) feet in all districts, but in no case shall said accessory buildings be built closer than twelve (12) feet to any other building on an adjacent parcel.
F.
Corner lots shall have frontage on one street of at least the minimum required in the Table of Dimensional Requirements (203.5) and frontage of at least one hundred (100) feet on any other abutting street.
G.
See section 203.2 for reductions to minimum frontage.
H.
Lot width shall at least meet the minimum frontage for a depth of one hundred (100) feet.
I.
No building need be set back more than thirty percent (30%) of the depth of the lot nor more than the average of the setbacks of the buildings on the lots next thereto on either side, but no closer than 20' in the B1, B2, B3, HMOD1 and HMOD2 zoning districts to provide for vegetated buffers. A vacant lot or a lot occupied by a building set back more than the required front yard setback being counted as though occupied by a building at the setback line.
J.
Except for lots adjoining and southerly of Route 6 along Station Avenue, seventy-five (75) feet.
K.
Except where the district abuts Old Town House Road, seventy (70) feet; or except where an B3 District adjoins a Residential District, no business or building shall be within fifty (50) feet of the district boundary.
L.
The developed footprint of impervious surfaces (structures, pavement, etc.) including any unpaved parking areas, shall not exceed 70% of the total square footage of any lot. Pervious paving shall be counted as impervious in lot impervious coverage calculations.
M.
(Deleted).
N.
One hundred percent (100%) of the minimum lot size required must be upland (i.e., not a bank, beach, bog, dune, marsh, swamp or wet meadow under M.G.L. ch. 131, sec. 40).
O.
(Not used).
P.
15% Maximum impervious lot surface coverage, or 2500 square feet of any lot, whichever is greater, unless artificial recharge for excess runoff is provided, as noted in 310 CMR 22.21 (2)(b)8. In no case will the maximum building coverage exceed 35% of the total lot area nor total impervious lot coverage exceed 70% of the total lot area when an approved artificial recharge system for stormwater runoff has been provided. Pervious paving shall be counted as impervious in lot impervious coverage calculations.
Q.
The height provisions of 203.4 may be extended to no more than 85 feet, or a maximum of 6 stories, for approved medical and medical related uses in the MOD only on the following lots: Assessor's Map 36, Lot 1 and Assessor's Map 28, Lots 51, 52, 53, 54, and 55.
R.
The dimensional requirements set forth in section 203.5 for the MOD may be altered by special permit from the Board of Appeals in accordance with section 103.2 on only the following lots: Assessor's map 36, Lot 1 and Assessor's Map 28, Lots 51, 52, 53, 54, and 55.
S.
The minimum lot size in the MOD may be decreased for Medical Services Appurtenant Parking (L7) in the MOD by special permit from the Board of Appeals in accordance with section 103.2.
T.
(Not Used)
U.
Dwellings are also subject to the required 100 foot setback from a cranberry bog outlined in Bylaw section 405.2.
V.
The lot shape factor shall be obtained by dividing the square of the lot perimeter (P), measured in feet, by the area of the lot (A), measured in square feet (i.e.: P2 ÷ A). Lots in existence before October 05, 2005 that are not in compliance with this provision shall not be deemed nonconforming, by virtue of shape. Lots may have a shape factor larger than 22, provided that the portion of the lot intended for building meets the minimum lot area and upland requirements for the zone in which it is located and that such building area has a shape factor not exceeding 22.
W.
Refer to Bylaw Sections 415.5.14 and 415.5.15 for additional setback requirements to residential zoning districts and certain types of structures or uses.
X.
Corner lots are considered to have two front yard setbacks and two side yard setbacks. The front yard setback for corner lots may be reduced to 25' to accommodate parking in the rear or side of the building. If the corner lot has a curved radius along the frontage on a public way, the front yard setback may be reduced to 20' at the corner only. Refer to illustrative Figure below.
203-Cornerlot.tif
Y.
Bus Shelters of 120 square feet (sf) and less may be located within the front yard setback if approved by the Site Plan Review Team and located so as not to impede sight lines and traffic visibility, and must be entirely located on the subject property.