[Amended 11-13-1990 STM by Art. 17, AG approval 3-19-1991; 5-4-1993 ATM by Art. 44, AG approval 5-24-1993; 4-10-1995 ATM by Art. 45, AG approval; 5-22-1995; 4-14-1997 ATM by Art. 41, AG approval 9-4-1997; 4-14-1997 ATM by Art. 49, AG approval 8-5-1997; 8-18-1997; 9-4-1997; 4-10-2000 ATM by Art. 46, AG approval 8-2-2000; 4-9-2001 ATM by Arts. 37, 38, AG approval 8-2-2001; 4-9-2002 ATM by Art. 37, AG approval 7-31-2002; 4-15-2003 ATM by Arts. 26, 29, AG approval 8-27-2003; 1-12-2004 ATM by Art. 42, AG approval 9-3-2004; 4-4-2006 ATM by Art. 42, AG approval 10-26-2006; 4-4-2006 ATM by Arts. 48, 49, AG approval 8-2-2006; 4-8-2008 ATM by Art. 55, AG approval 8-18-2008; 4-6-2009 ATM by Art. 27, AG approval 8-10-2009; 9-21-2009 STM by Art. 22, AG approval 12-29-2009; 3-31-2012 ATM Art. 55, AG approval 7-12-2012; 4-2-2013 ATM by Arts. 30, 34, AG approval 7-26-2013; 4-5-2014 ATM by Arts. 35, 61, AG approval 5-7-2014; 4-6-2015 ATM by Art. 70, AG approval 8-5-2015; 4-1-2017 ATM by Art. 40, AG approval 5-31-2017; 4-1-2019 ATM by Arts. 49, 62, AG approval 8-6-2019; 6-25-2020 ATM by Art. 52, AG approval 10-27-2020]
A. There is hereby established in the Town of Nantucket an overlay district entitled “Town Overlay District” as follows:
(2) The purpose of the Town Overlay District is to limit the spatial extent of growth within a district consistent with the traditional settlement pattern represented by the settled portion of Nantucket Town, except in the Residential Old Historic (ROH) District; to encourage development within the Town Overlay District where infrastructure already exists, or can be extended without undue expense; to create opportunities to produce housing affordable for year-round residents through infill development (development of existing vacant lots; lots produced by resubdivision; and addition of secondary dwellings) on existing roads serviced by water and sewer; and to create development patterns that are conducive to service by alternatives to the automobile, such as transit, and bicycle and pedestrian systems. The purpose of the Town Overlay District shall be considered by the Planning Board or Zoning Board of Appeals when determining the character and extent of site and infrastructure improvements to be required in a decision on an application for site plan approval pursuant to §
139-23 of this chapter. In addition to the standards of that section, the following standards shall apply to a proposed use or an expansion of an existing use subject to site plan review:
(a) Provision of Town water and sewer service, which shall be adequate to serve the proposed use;
(b) Road and drainage improvements shall be adequate to serve the proposed use;
(c) Bike and/or pedestrian systems shall be adequate to serve the proposed use, and reasonable measures shall be taken to provide connectivity to existing bike and pedestrian systems;
(d) The project minimizes parking demand and auto-dependency (i.e., by inducements employed by the applicant for the utilization of the NRTA seasonal shuttle system); and
(e) Consistency with the recommendations of any area plan endorsed by Town Meeting, such as the Mid-Island Area Plan, Sconset Area Plan, and Madaket Area Plan.
(3) Uses allowed or permitted in this district are the same as those uses allowed or permitted in the underlying zones.
B. There is hereby established in the Town of Nantucket an overlay district entitled "Country Overlay District" as follows:
(2) The purpose of the Country Overlay District is to discourage development and preserve areas characterized by traditional and historic rural land use patterns; to discourage the spread of disperse development patterns that promote automobile dependency, and are costly to build and maintain. The purpose of the Country Overlay District shall be considered by the Planning Board or Zoning Board of Appeals when determining the character and extent of site and infrastructure improvements to be required in a decision on an application for site plan approval pursuant to §
139-23 of this chapter. In addition to the standards of that section, the following standards shall apply to a proposed use or an expansion of an existing use subject to site plan review:
(a) If a new use, or an expansion of a preexisting use that adds 20% or more of the gross floor area or 1,000 square feet, of gross floor area, whichever is less, either subject to site plan review, a finding that the applicant has considered all practicable alternative sites, commensurate with the type, size, and cost of the project, available within the Town Overlay District and that no such practicable alternative exists;
(b) The project complies with the Nantucket Public Health Code;
(d) Finding that the project is not a major traffic generator, and will not substantially contribute to traffic generation and congestion.
(3) Uses allowed or permitted in this district are the same as those uses allowed or permitted in the underlying zones.
C. Formula Business Exclusion District (FBED).
(1) The Formula Business Exclusion District (FBED) is located and bounded as shown on the map entitled "Article 42: Proposed Formula Business Exclusion District" prepared by the GIS Department, dated March 2006.
(2) Statement of purpose. The purpose and intent of the Formula Business Exclusion District (FBED) is to address the adverse impact of nationwide, standardized businesses on Nantucket's historic downtown area. The proliferation of formula businesses will have a negative impact on the island's economy, historical relevance, and unique character and economic vitality. These uses are therefore prohibited in order to maintain a unique retail and dining experience. Formula businesses frustrate this goal by detracting from the overall historic island experience and threatening its tourist economy.
D. Mid-Island Planned Overlay District. The purpose of the Mid-Island Planned Overlay District (MIPOD) is to advance the following objectives in the Mid-Island Area: 1. to promote consistency and quality in the planning and siting of buildings, uses, and streetscape and public/private improvements; 2. to increase the supply of housing for year-round Nantucket residents, especially those employed in the Mid-Island area; 3. to create a pedestrian-friendly environment; 4. to increase safety to pedestrians, bicyclists, and motorists; 5. to relieve traffic congestion; and, 6. to promote economic vitality; all in accordance with the general guidance of the Mid-Island Area Plan, adopted for the Town of Nantucket by the Planning Board on March 10, 2003, on file in the office of the Nantucket Planning Board. The MIPOD is located and bounded as shown on the following maps adopted by reference herein: “Mid-Island Planned Overlay District,” January, 2003; revised March, 2003. The district as shown on said map shall be considered an overlay district to be superimposed on the Zoning Map of Nantucket, Massachusetts.
(1) Allowed uses:
(a) All uses allowed on the lot by right in the underlying district in which the land is located. Notwithstanding the provisions of §§
139-23H(3) and
139-23I, all new commercial uses or expansions of commercial uses that entail expansions of the building footprint or parking and circulation improvements (excluding handicap ramps and signage), and which are not otherwise subject to major site plan review, shall be subject to minor site plan review by the Director of Planning designated by the Planning Board for site plan review purposes set down in this §
139-12G, and such professional planning staff to whom the Director of Planning shall delegate this responsibility, for all commercial uses and expansions up to, and including, 3,999 square feet of gross commercial floor area (including roofed over area).
(2) Uses by special permit:
(a) All uses permitted on the lot requiring a special permit in the underlying district in which the lot is located.
(3) Additional requirements within the MIPOD:
(a) The Planning Board shall be the sole special permit granting authority within the MIPOD.
(b) In reviewing a use or expansion requiring site plan review within the MIPOD, the Planning Board and/or the Director of Planning or his designee shall make a determination that the proposed use or improvements are generally consistent with site plan review standards contained in §
139-23, and with the standards set down in this §
139-12G.
[Amended 6-5-2021 ATM by Art. 47, AG approval 10-7-2021]
(c) Notwithstanding the ground cover requirements of §
139-16, the allowable ground cover ratio for a lot within the MIPOD for which a Nantucket Housing Needs Covenant, as defined in §
139-2A, has been recorded in the Registry of Deeds shall be 55% for a lot containing one year-round dwelling unit subject to the covenant, and 60% for two or more year-round dwelling units subject to the covenant.
(d) In addition to the intensity requirements of §
139-16A, new or expanded commercial buildings within the MIPOD shall be subject to a five-foot maximum front-yard setback. A second commercial building on the same lot shall be exempt from this requirement should the Planning Board and/or the Director of Planning or his designee determine that there exists insufficient frontage to accommodate both structures at the maximum setback line. The Planning Board may grant relief by special permit from this and other requirements of §
139-16A should the Board find that:
[1] The granting of relief would create better consistency with existing building setback patterns on adjoining lots, provided that the accommodation of parking or vehicular access in front of buildings is not the reason for the waiver request; or
[2] The provision of additional landscaping and streetscape elements, especially if designed to enhance the use and enjoyment of the property and the Mid-Island area, generally, by pedestrians necessitates a greater building setback.
(e) Notwithstanding the relief provisions and findings of § 139-18B(1) and (2), parking calculations, in compliance with §
139-18D shall include: (i) any off-street parking spaces provided upon the subject property; and (ii) parking spaces located within a public right-of-way within 500 feet of the subject property’s lot lines. Any portion of a parking space so located shall be counted as one space; and (iii) parking spaces located on another property located within 500 feet of the subject property lot line secured by a binding agreement such as a license, lease or covenant and accessible through a direct access. By special permit, the Planning Board may reduce the number of parking spaces required under §
139-18D within the MIPOD. An applicant requesting such reductions shall submit a plan outlining the details of implementation of these mitigation measures. The Planning Board may require annual audits of compliance with these measures, and may revoke any approved reductions in the case of noncompliance, following a public hearing. The Planning Board shall consider the following standards in reducing parking requirements: (i) one parking space may be eliminated for each group of three peak shift employees should the applicant provide a public transit incentive program for both employees and customers authorized under § 139-23J(2)(f). (ii) The total number of required parking spaces may be reduced by up to 10% should the applicant utilize any or a combination of the following measures: common access, vehicular traffic and/or pedestrian interconnections between properties. The Planning Board may grant other relief by special permit from any parking requirements of the zoning bylaw.
(f) In considering any use or expansion subject to major site plan review, the Planning Board may require an applicant to install improvements within the public right-of-way along the frontage of the property controlled by the applicant in accordance with the Mid-Island Area Plan. Off-site improvements (i.e., beyond the frontage of the property) may be required for special permit uses to the extent that the demand for the improvements is justified by the intensity of the use. For major traffic generators, these improvements may include bike path, road and intersection improvements.
(g) The Planning Board, as special permit granting authority, shall have the power to grant a special permit reducing the open area requirements under either §
139-11G or §
139-16E, whichever is applicable, and notwithstanding the provisions of §
139-16E(3), provided that it makes the finding that the applicant has provided sufficient and appropriate landscaping, and further provided that it makes the finding that the benefits to the community and the neighborhood from the reduction of open area requirements, as conditioned by the decision granting the special permit, will outweigh the benefits that would be derived from the provision of the open area requirements as would otherwise be required. The Planning Board shall impose appropriate conditions for the granting of such a special permit, including but not limited to the substitution of off-site landscaping elements, the contribution of the applicant toward the creation of common public spaces within the MIPOD, and requirements for the permanent maintenance of landscaping features within the site by the applicant and its successors.
(h) In connection with its review of any major or minor site plan review, the Planning Board, after public hearing, shall adopt MIPOD Guidelines, on file in the offices of the Planning Board and the Town Clerk, which shall serve to guide the siting of structures, layout of parking and landscaping, and related improvements within the MIPOD.
E. Village Height Overlay District (VHOD). The purpose of this overlay district is to establish reduced building heights in certain locations within the Country Overlay District (COD).
(1) Notwithstanding the provisions of §
139-17, the maximum height permitted within the Village Height Overlay District shall be 25 feet;
(2) This section shall be effective on January 31, 2010.
F. Nantucket Cottage Hospital Overlay District (NCHOD). The purpose of this overlay district is to maximize the efficiency of the existing hospital site and identified surrounding land, to provide for flexibility in the design and uses allowed at an expanded and modernized hospital campus, and to require major site plan review by the Planning Board where proposed expansion or alteration exceeds the maximum standards of the underlying CN District as established in §
139-16. To the extent there are inconsistencies between provisions of this §
139-12F and any other provisions of the bylaw, the provisions of this §
139-12F shall govern.
(1) Notwithstanding the provisions of §
139-7A, elder housing facilities are permitted by right in the NCHOD.
(2) Notwithstanding the provisions of §
139-16A or §
139-16E, the Planning Board may grant through major site plan review expansion of ground cover ratio up to 50% and any reduction of open area.
(3) Where major site plan review is required, dimensional requirements established in §
139-16 may be applied to the entire project area by right without respect to individual lots.
(4) Notwithstanding the provisions of §
139-17, building height in the NCHOD shall not exceed 50 feet. For the purposes of this §
139-12F, the following structures, uses, and building features are excluded from the height limitation: uses set forth in §
139-17B, structures set forth in §
139-17C, and architectural features extended above the primary roof line (whether sloped or vertical).
(5) Lots within the NCHOD may be divided without the need for additional site plan review, provided that the use of the lot and the previously approved site plan is not modified.
(6) Notwithstanding the provisions of §
139-18, off-street parking requirements may be provided off-site within the NCHOD for lots within the NCHOD.
(7) Additional major site plan review requirements for the NCHOD:
(a) The Planning Board shall hold a public hearing, for which notice is provided as specified in M.G.L. c. 40A, §
11;
(b) Failure of the Planning Board to take action within 60 days of the public hearing, as such hearing may be extended by consent of the applicant, shall constitute an approval of the site plan and associated application;
(c) The Planning Board shall approve the application, as submitted or modified, based on a finding that the project is in conformance with §
139-23. The Board may deny the application if it determines that the effect of the project on the public interest is so intrusive that no reasonable conditions can be developed to avoid that effect.
(d) Waivers in connection with major site plan review may be granted, provided that such waiver:
[1] Will improve the project's ability to service the health care needs of the Town;
[2] Is in the best interests of the Town; and
[3] Will not substantially derogate from the intent or purpose of this chapter.
G. The Public Wellhead Recharge District. The purpose of these regulations is to preserve the quality and quantity of the Town's groundwater resources in order to insure a safe and healthy public water supply. The Public Wellhead Recharge District is located and bounded as shown on the following maps incorporated by reference herein: for Siasconset, a map entitled "Public Wellhead Recharge District: Siasconset," prepared by Horsley, Witten & Heggemann, Inc. dated October, 1990; for the Town, a map entitled "Public Wellhead Recharge District: Town," prepared by Haley & Ward, September 2011. The districts as shown on said maps shall be considered overlay districts to be superimposed on the aforementioned Zoning Map of Nantucket, Massachusetts. Copies of the map shall be on file with the Town Clerk and the Zoning Enforcement Officer upon adoption. Should the boundary of a Public Wellhead Recharge District traverse a lot or lots which are not able to be subdivided in accordance with the underlying zoning district, said lot or lots shall be considered to be subject to these regulations; otherwise, the boundary shall be applied strictly. The Zoning Enforcement Officer shall adjudicate any boundary disputes.
(1) Permitted uses:
(a) All uses permitted by right or by minor site plan review in the underlying district in which land is located, except those expressly prohibited or requiring special permits with major site plan review listed below:
(b) Incidental on-site lawn and garden fertilizing and pest control normally considered accessory to residential or business uses shall be used in accordance with manufacturer's label instructions and stored so as to prevent the generation and escape of contaminated runoff or leachate.
(c) Storage of home or business fuel intended to be consumed on site for space heating, hot water heating and cooking purposes and contained in tanks not exceeding 1,000 gallons, provided that the design and installation of said tanks is reviewed and approved by the Fire Chief, or his designee, in accordance with applicable health and fire safety regulations. Any permitted fuel storage shall be freestanding, above-ground, on an impervious surface, and provided with 110% of storage secondary containment, regardless of size. For the purpose of this §
139-12G, the term "fuel" shall not include liquid propane gas.
(d) Road construction which does not result in earth removal within four feet of historical high water table.
(e) Vehicular transport or vehicular use of petroleum products.
(f) Normal operation and maintenance of existing water bodies and dams, drainage and other structures for water control, water supply, drainage, farming and conservation purposes.
(g) Construction, maintenance, repair and enlargement of drinking water supply related facilities including wells, watermains, pumping station and treatment facilities.
(2) Prohibited uses:
(a) All uses prohibited in the underlying district.
(b) The manufacture, use, pipeline transport, storage, disposal or treatment of hazardous or toxic materials, except as noted in Subsection B(1)(b), (c), (d) and (e) above. Petroleum, fuel oil and heating oil bulk stations and terminals, including, but not limited to, those listed under Standard Industrial Classification (SIC) Codes 5171 (not including liquefied petroleum gas) and 5983 are prohibited, except for municipal use. SIC Codes are established by the U.S. Office of Management and Budget and may be determined by referring to the publication, Standard Industrial Classification Manual, and any subsequent amendments thereto. The storage of liquid hazardous materials, as defined in MGL c.
21E and/or liquid petroleum products is prohibited unless such storage is: (i) above ground level, and (ii) on an impervious surface; and either [a] in container(s) or aboveground tank(s) within a building, or [b] outdoors in covered container(s) or aboveground tank(s) in an area that has a containment system designed and operated to hold either 10% of the total possible storage capacity of all containers, or 110% of the largest container's storage capacity, whichever is greater; however, these storage requirements shall not apply to the replacement of existing tanks or systems for the keeping, dispensing or storing of gasoline provided the replacement is performed in a manner consistent with state and local requirements. For the purpose of this §
139-12G, the term "liquid hazardous material" shall not include liquid propane gas.
(c) Sanitary landfills, dumps, junkyards (defined in MGL c. 140B, §
1) or disposal or landfilling of solid waste, sludge, sewage or septage.
(d) Animal feedlots and manure storage.
(e) Commercial washing, painting, repair or other servicing of motorized vehicles in garages or in the open, except by special permit unless such use is prohibited by §
139-12G(2)(r)[2].
(g) On-site disposal of wastewater exceeding 2,000 gallons per day, unless incorporated with an enhanced nitrogen removal system providing equivalency in compliance with MADEP requirements and approved by special permit. Prohibited wastewater disposal shall also include any discharge, deposit, injection, dumping, spilling, leaking or placing so that untreated waste may enter ground or surface water.
(i) Truck or bus terminals providing commercial transport services.
(j) Commercial servicing, repair or construction of boats or boat motors, except by special permit.
(k) Dry-cleaning establishments with on-site cleaning operations.
(l) Coin or commercial laundries which rely on on-site septic systems.
(m) Chemical and bacteriological laboratories.
(n) Leather tanning and finishing.
(o) Stockpiling and disposal of snow and/or ice containing deicing chemicals if brought from outside the Public Wellhead Recharge District.
(p) New underground fuel storage tanks with the exception of propane.
(q) All land uses, buildings, and accessory structures, that result in rendering impervious more than 15% or 2,500 square feet of any lot, whichever is greater, unless a system for artificial recharge of 95% of annual precipitation is provided that will not result in the degradation of groundwater quality. The Planning Board may require that an applicant provide evidence of groundwater protection which may include a demonstrated history of treatment effectiveness of the proposed design/treatment technology, and it may require monitoring of on-site, pre- and post-development groundwater quality for potential pollutants.
[1] For nonresidential uses, recharge shall be by open stormwater infiltration basins or similar system covered with natural vegetation, and subsurface infiltration shall be used only where other methods are infeasible. For all nonresidential uses, all such basins and subsurface infiltration structures shall be preceded by pretreatment best management practices to facilitate removal of contamination. Any and all recharge areas shall be permanently maintained in full working order by the owner.
(r) [1] Treatment or disposal works subject to 314 CMR
5.0 for wastewater other than sanitary sewage. This prohibition includes, but is not limited to, treatment or disposal works related to activities under the Standard Industrial Classification (SIC) Codes set forth in 310 CMR
15.004(6) Title 5, except the following:
[a] Publicly owned treatment works (POTWs);
[b] Individual sewage disposal systems handling more than 110 gallons per day per 10,000 square feet of land area that otherwise complies with Title 5, unless incorporated with an enhanced nitrogen removal system providing equivalency in compliance with MADEP requirements.
[c] Treatment works approved by MADEP designed for the treatment of contaminated ground or surface waters and operated in compliance with 314 CMR
5.05(3) or
5.05(13).
[2] Facilities that generate, treat, store or dispose of hazardous waste that are subject to MGL c.
21C and 310 CMR
30 except for the following:
[a] Very small quantity generators as defined under 310 CMR
30.00;
[b] Household hazardous waste centers and/or events operated pursuant to 310 CMR
30.390; or
[c] Waste oil retention facilities required by MGL c. 21, §
52A.
(s) Any building floor drainage systems in existing facilities, in industrial or commercial process areas, or in hazardous material and/or hazardous waste storage areas, which discharge to the ground without a DEP permit or authorization. Any existing facility with such a drainage system shall be required to either seal the floor drain (in accordance with the State Plumbing Code, 248 CMR
2.00), connect the drain to a municipal sewer system (with all appropriate permits and pre-treatment), or connect the drain to a holding tank meeting the requirements of all appropriate DEP regulations and policies. For purposes of this Subsection B(2)(u), a "floor drain" is defined as "an intended drainage point on a floor constructed to be otherwise impervious which serves as the point of entry to any subsurface drainage, treatment, disposal, containment, or plumbing system." This Subsection B(2)(u) is in fulfillment of the requirements of Massachusetts Department of Environmental Protection's Wellhead Protection "Source Approval" Regulations (310 CMR
22.21).
(t) Solid waste combustion facilities or handling facilities as defined at 310 CMR
16.00.
(u) Stockpiling and disposal of snow or ice removed from highways and streets located outside of Zone II that contains sodium chloride, chemically treated abrasives or other chemicals used for snow and ice removal.
(v) Storage commercial fertilizers, as defined in MGL c. 128, §
64, unless such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate.
(3) Permitting of uses in the PWR Overlay District. The Zoning Enforcement Officer shall be the permitting authority for all activities in the Public Wellhead Recharge District which exceed the thresholds of § 139-12B(2)(s) of this chapter, with the exception that the special permit granting authorities shall be the permitting authorities for any uses within the PWR Overlay District which require a special permit.
(a) Finding of water quality compliance.
[1] Prior to the issuance of any permit by the designated review authority, a mandatory referral of the application to the Nantucket or Siasconset Water Commissions, as applicable, shall be made immediately upon receipt of such application. After due consideration, the respective Water Commission, or its designated professional staff, as such authority might be delegated by said Commission, may issue a finding of water quality compliance ("finding") in connection with said application, after due consideration of the requirements of § 139-12B(2)(s), within the time periods prescribed below:
[a] For permit to be issued by the Building Commissioner or Building Inspector as the sole permit authority: 15 days.
[b] For permit to be issued by special permit granting authority: 30 days, or prior to the close of the public hearing, whichever is later.
[2] The failure of each respective Water Commission to submit such finding to the approval authority within the prescribed time period shall be construed to fulfill the requirement for the issuance of a finding. No building permit or special permit shall be issued in the PWR Overlay District unless a finding has been issued therewith, and the conditions, if any, of such finding are incorporated in said permits.
(b) In order to comply with Subsection B(2)(s)[1], any person or firm proposing land uses which exceed the thresholds of this subsection shall apply the practices and technologies found in a publication entitled: "Massachusetts Stormwater Standards Handbook, Volume 1 - 3," (MassDEP 2008) as such publication may be amended from time to time, the respective water companies, in making their finding of water quality compliance, shall decide which techniques and practices are appropriate for each respective application.
(c) Replacement, rehabilitation, modification, or expansion of preexisting, otherwise prohibited nonconforming uses within the PWR Overlay District. No replacement, rehabilitation, modification, or expansion of preexisting nonconforming uses shall be permitted within the PWR Overlay District unless a special permit is issued in connection therewith by the Planning Board. In addition to the criteria set down in §
139-33A the Planning Board shall make a finding that such proposals will be constructed and managed in a way that will eliminate threats to the aquifer throughout the proposed life of the structure or use. The Board may include in its decision conditions, limitations and safeguards affecting the design, construction and management of such structures and uses which it finds will help protect the integrity of the aquifer, including but not limited to aboveground construction of tanks, construction of impervious surfaces and moats to catch and collect possible contaminants, pretreatment of waste and/or required tie-in to public sewer services.
H. Flood Hazard Overlay District (FHOD).
(1) Statement of purpose. The purposes of the Flood Hazard Overlay District (FHOD) are to ensure public safety through reducing the threats to life and personal injury; prevent the occurrence of public emergencies resulting from water quality contamination and pollution due to flooding; avoid the loss of utility services which if damaged by flooding would disrupt or shut down the utility network and impact the community beyond the site of flooding; reduce costs associated with the response and cleanup of flooding conditions; reduce damage to public and private property resulting from flooding waters.
(2) Use regulations. The FHOD is herein established as an overlay district to all other districts. The FHOD includes all special flood hazard areas within the Town of Nantucket designated as Zone A, AE, or VE on the Nantucket County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels of the Nantucket County FIRM that are wholly or partially within the Town of Nantucket are panel numbers 25019C0018G, 25019C0019G, 25019C0033G, 25019C0034G, 25019C0042G, 25019C0061G, 25019C0062G, 25019C0063G, 25019C0064G, 25019C0066G, 25019C0067G, 25019C0068G, 25019C0069G, 25019C0082G, 25019C0083G, 25019C0084G, 25019C0086G, 25019C0087G, 25019C0088G, 25019C0089G, 25019C0091G, 25019C0092G, 25019C0093G, 25019C0094G, 25019C0103G, 25019C0111G, 25019C0112G, 25019C0113G, 25019C0114G, 25019C0132G, 25019C0151G, 25019C0152G, 25019C0156G, 25019C0157G, 25019C0176G, and 25019C0177G, dated June 9, 2014. The exact boundaries of the District may be defined by the one-hundred-year base flood elevations shown on the FIRM and further defined by the Nantucket County Flood Insurance Study (FIS) booklet dated June 9, 2014. The FIRM and FIS booklet are incorporated herein by reference and are on file with the offices of Planning and Land Use Services and Conservation Commission. In addition to meeting the requirements of district in which a particular piece of land may lie all development which lies within a boundary of the FHOD, including structural and nonstructural activities alterations, additions, relocations and demolitions, must be in compliance with MGL c. 181, §
40, and the requirements of the Massachusetts State Building Code pertaining to construction in floodplains and the following additional requirements:
(a) VE Zones: All new construction, except water-related structures such as piers, groins, and similar structures shall be located landward of the reach of mean high tide. Man-made, alteration of sand dunes which would increase potential flood damage is prohibited;
(b) In Zones A and AE, along watercourses that have not had a regulatory floodway designated, the best available federal, state, local or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.
(c) Base flood elevation data is required for subdivision proposals or other developments greater than 50 lots or five acres, whichever is the lesser, within unnumbered A Zones.
(d) In a riverine situation, the Natural Resources Coordinator shall notify the following of any alteration or relocation of a watercourse:
| ▪ | Adjacent communities |
| ▪ | NFIP State Coordinator |
| ▪ | Massachusetts Department of Conservation and Recreation |
| ▪ | 251 Causeway Street Suite 600-700 |
| ▪ | Boston, MA 02114-2104 |
| ▪ | NFIP Program Specialist |
| ▪ | Federal Emergency Management Agency, Region I |
| ▪ | 99 High Street, 6th Floor |
| ▪ | Boston, MA 02110 |
(e) All subdivision proposals must be designed to assure that:
[1] Such proposals minimize flood damage;
[2] All public utilities and facilities are located and constructed to minimize or eliminate flood damage; and
[3] Adequate drainage is provided to reduce exposure to flood hazards.
(3) Existing regulations. All development in the district including structural and nonstructural activities whether permitted by right, by site plan review or by special permit, must be in compliance with the following:
(a) Section of the Massachusetts State Building Code which addresses floodplain and coastal high hazard areas (currently
780 CMR);
(b) Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310 CMR
10.00);
(c) Inland Wetlands Restriction, DEP (currently 310 CMR
13.00);
(d) Coastal Wetlands Restriction, DEP (currently 310 CMR
12.00);
(e) Minimum Requirements for Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR
15, Title 5);
(f) Any variances from the provisions and requirements of the above-referenced state regulations may only be granted in accordance with the required variance procedures of these state regulations;
(g) All other, applicable Nantucket regulations and bylaws.
I. Harbor Overlay District (HOD).
(2) The purposes of the Harbor Overlay District are to ensure that:
(a) Existing water-dependent uses are not displaced by nonwater-dependent uses;
(b) Harbor waters and the immediate shoreline and pier areas are zoned to protect water-dependent uses;
(c) Commercial uses allowed by the underlying district regulations are compatible with, support, or otherwise do not interfere with water-dependent uses of the district; and
(d) In new structures, replacement of commercial use with residential use is limited, except where the lot(s) is located within a residential zoning district.
(3) Uses allowed or permitted in this overlay district are the same as those uses allowed or permitted in the underlying district except as modified by the following:
(a) No new nonwater-dependent use or extension of an existing nonwater-dependent use on shorefront land shall:
[1] Displace or significantly disrupt an existing water-dependent use;
[2] Unreasonably diminish the capacity of the site to accommodate future water-dependent uses;
[3] Impede or infringe upon existing public access.
(b) In new structures located on shorefront land within a commercial zoning district, residential uses shall only be allowed above the first floors except for stairways and other mechanical or accessory functions related thereto;
(c) New residential uses shall not be established on pile-supported structures over coastal waters with access from the HOD, except where the lot is located within a residential zoning district;
(d) Any new structure shall be set back a minimum of 25 feet from the mean high water line.
(e) Any new nonwater-dependent use shall be limited to a maximum ground cover ratio of 50%.
(f) New structures located on shorefront land within a commercial zoning district, which in this subsection shall include extensions of existing structures, shall contain the following water-dependent uses and/or uses accessory to these water-dependent uses or provide these on the lot:
[1] Recreational boating-related: commercial marina; boat ramp or other public boating access facilities; boat haul-out facilities; boat repair and maintenance or waterfront facilities associated with inland sites providing these services; launch service; fuel and pump-out services; upland boat storage; services such as ice, laundry, bait, provisions; businesses such as ship chandlery, fishing outfitter; parking.
[2] Commercial fishing related: berthing; loading/unloading areas; gear storage facilities; parking; seafood wholesaler, retail fish market.
[3] Commercial charter boat: berthing, support facilities.
[4] Waterfront public access and amenities (as an enhancement to all other uses, except where water-dependent operations would present a safety concern): public restrooms, seating, physical access or view easement.
[5] Passenger and cargo ferry pier and facilities.
(g) Existing structures located within a commercial zoning district and used for residential purposes are exempt from Subsection
(f) and may be altered or extended, provided that the existing ground cover of the structure(s), as of April 1, 2017, is not increased by a total of more than 100 square feet.
(4) Additional requirements within the HOD.
(a) Notwithstanding the provisions of §
139-23H(3) and
139-23I, all new commercial uses or extensions of commercial uses that increase the ground cover ratio of the lot or parking requirements, and which are not otherwise subject to major site plan review, shall be subject to minor site plan review by the Director of Planning designated by the Planning Board for site plan review purposes, and such professional planning staff to whom the Director of Planning shall delegate this responsibility, for all uses and expansions up to, and including, 3,999 square feet of gross commercial floor area (including roofed over area).
(b) The Planning Board shall be the special permit granting authority for all commercial uses requiring a special permit within the HOD.
(c) In reviewing a use or expansion requiring either a minor or major site plan review within the HOD, the Planning Board and/or the Director of Planning or his designee shall make a determination that the proposed use or improvements are generally consistent with site plan review standards contained in §
139-23, and with the standards set forth in §
139-12I.
(5) The following uses are prohibited in the Harbor Overlay District:
(a) Cruise ship terminals or support facilities owned or operated in conjunction with vessels moored outside of the Harbor.
(b) Personal watercraft rental.
J. Solar Energy Overlay District (SEOD). Notwithstanding the provisions of §
139-7, solar energy facilities are permitted by right in the SEOD. This section shall apply to new land-based solar energy facilities and to physical modifications to existing land-based facilities that materially alter the type, configuration, or size of such facilities or related equipment.
(1) The Planning Board shall be the review authority for site plan review. Any material modifications to the site or the installation following site plan approval shall require a modification subject to approval by the Planning Board.
(2) The following shall apply in addition to the requirements of §
139-23:
(a) The Planning Board shall hold a public hearing for which notice is provided as specified in MGL c. 40A, §
11;
(b) Failure of the Planning Board to take action within 60 days of the public hearing, as such hearing may be extended by consent of the applicant, shall constitute an approval of the site plan and associated application.
(3) In addition to the submission requirements of §
139-23, the following documentation is required:
(a) The solar energy facility's manufacturer and model and the length, width and height of the solar array;
(b) Drawings of the large-scale ground-mounted solar photovoltaic installation stamped by a professional engineer licensed to practice in the Commonwealth of Massachusetts indicating the proposed layout of the system and any potential shading from nearby structures;
(c) One- or three-line electrical diagram detailing the large-scale ground-mounted solar photovoltaic installation, associated components, and electrical interconnection methods, with all National Electrical Code complaint disconnects and overcurrent devices;
(d) Documentation of the major system components to be used, including the PV panels, mounting system, and inverter;
(e) Name, address, and contact information for proposed large-scale ground-mounted system installer;
(f) An Emergency, Operation, and Maintenance Plan for the solar energy facilities and any accessory structures or required equipment. All means of shutting down the large-scale ground-mounted solar photovoltaic installation shall be clearly marked on the equipment. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures.
(4) Design standards.
(a) Accessory structures and required equipment shall be clustered on the site to the extent possible and screened from view from abutting properties and rights of way to minimize visual impacts;
(b) Lighting shall be limited to that required for safety and operational purposes.
(c) A sign providing the contact information of the owner or operator, including a twenty-four-hour telephone number, shall be mounted on the site in a visible location for emergency use;
(d) To the extent possible, utility connections shall be installed underground;
(e) Land clearing shall be limited to the minimum amount necessary for the construction, operation and maintenance of the large-scale ground-mounted solar photovoltaic installation. The limits of clearing shall be clearly identified on a site plan.
(5) Removal.
(a) Any large-scale ground-mounted solar photovoltaic installation which has reached the end of its useful life or has been abandoned shall be removed no more than 150 days following the date of discontinued operation. The owner or operator shall notify the Planning Board by certified mail of the proposed date of discontinued operation and plans for removal, which shall consist of:
[1] Physical removal of all large-scale ground-mounted solar photovoltaic installations, structures, equipment, security barriers and transmission lines from the site.
[2] Disposal of all solid and hazardous waste in accordance with local state, and federal waste disposal regulations.
[3] Stabilization or re-vegetation of the site as necessary to minimize erosion. The Site Plan Review Authority may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.
(6) Abandonment.
(a) Absent notice of a proposed date of removal or written notice of extenuating circumstances, the solar photovoltaic installation shall be considered abandoned when it fails to operate for more than one year without the written consent of the Planning Board. If the owner or operator of the large-scale ground-mounted solar photovoltaic installation fails to remove the installation in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the Town may enter the property and physically remove the installation.