Town
of
Zoning
By-
Amendments
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Approved by Town Meeting |
Approved by the Attorney General |
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Adoption |
November 13, 1978 |
April 6, 1979 |
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Revisions |
March 10, 1980 |
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March 9, 1981 |
December 16, 1981 |
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March 8, 1982 |
July 12 and 13, 1982 |
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October 27, 1982 |
January 11, 1983 |
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March 14, 1983 |
April 26, 1983 |
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March 12, 1984 |
July 5, 1984 |
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March 11, 1985 |
June 11, 1985 |
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June 10, 1985 |
August 19, 1985 |
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October 15, 1985 |
January 31, 1986 |
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March 10, 1986 |
April 11, 1986 |
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October 27, 1986 |
November 25, 1986 |
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March 9, 1987 |
April 17, 1987 |
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March 14, 1988 |
May 19, 1988 |
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March 13, 1989 |
June 5, 1989 |
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March 12, 1990 |
May 7 and June 8, 1990 |
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April 1, 1991 |
June 12, 1991 |
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April 6, 1992 |
July 2, 1992 |
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November 5, 1992 |
January 11, 1993 |
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April 7, 1993 |
July 13, 1993 |
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October 27, 1993 |
January 7, 1994 |
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April 1, 1996 |
May 6, 1996 |
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October 28, 1996 |
November 25, 1996 |
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April 7, 1997 |
May 28, 1997 |
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April 6, 1998 |
August 3, 1998 |
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April 5, 1999 |
July 20, 1999 |
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April 3, 2000 |
July 11, 2000 |
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April 2, 2001 |
July 17, 2001 |
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April 1, 2002 ATM |
July 18, 2002 |
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April 1, 2002 |
July 25, 2002 |
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April 7, 2003 ATM |
August 14, 2003 |
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April 7, 2003 |
May 21, 2003 |
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April 7, 2004 |
July 9, 2004 |
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October 25, 2004 |
December 16, 2004 |
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April 4, 2005 ATM |
May 4, 2005 |
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November 7, 2005 |
December 7, 2005 |
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April 3, 2006 ATM |
July 10, 2006 |
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November 13, 2006 |
December 11, 2006 |
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Updated:
Article 2 – Districts and District
Regulations
Section
2100 Establishment of Districts
Section
2200 Seashore District
Section
2300 Overlay Districts
Section 2500 Dimensional Requirements
Article 3 - General Requirements
Section 3400 Environmental Controls
Article 4 – Special Regulations
Section
4000 Commercial Business (retail and wholesale) and Industrial Development
Section
4100 Dwelling Units and Commercial Accommodation
Section
4200 Cluster Development
Section
4300 Manufactured Homes and Campers
Section
4800 Affordable Housing By-Law
Section
5400 Other Regulations
Article 6 - Growth Management By-Law
Section
6500 Table of Use Categories and Priorities
Section 6600 Growth Limitation Goal
Allocations
Section
6700 Scope and Validity of the By-law..
Article 7 -Wireless Telecommunication Towers
and Facilities
Section
7010 Legislative Intent/history
Section
7030 Consistency with Federal Law
Section
7040 Definitions and Word Usage
Section
7050 Exempted Wireless Telecommunications Uses
Section
7060 Prohibition of Teleports
Section
7070 General Requirements
Section
7080 Application Requirements
Section
7090 Approval Criteria and Required Findings
Section
7100 Provision of Independent Consultants
Section
7110 Monitoring and Evaluation of Compliance
Section
7120 Removal Requirements
Section
7130 Indemnification, Insurance and Fees
Section
7140 Term of Special Permit
Section
7150 Severability Clause
Purpose:
The purpose of the following By‑Law is to promote the health, safety, convenience and welfare of the inhabitants by dividing the Town into districts and regulating the development therein, under the authority of Chapter 40A, General Laws, and of Article 89 of the Amendments of the constitution. In addition, these Zoning By-laws are adopted to promote and implement the goals, objectives, and policies of Provincetown’s Local Comprehensive Plan and to manage future growth and development in accordance with that plan.
For the purpose of these By-laws certain terms and words shall have the meaning given herein, unless a contrary meaning is required or specifically prescribed. Words used in the present tense shall include future; plural includes the singular; the words building, structure, lot, land or premises shall be construed as though followed by the words “or any portion thereof,” and the word shall is always mandatory and not merely directory. Terms and words not defined herein but defined in the state building code shall have the meanings given therein unless a contrary intention clearly appears. Words not defined in either place shall have the meanings given by a dictionary of construction terms if defined therein; or, if not, by a standard unabridged dictionary of the English language. For definitions of certain terms specifically related to telecommunications uses and flood area provisions, refer to Article X Wireless Telecommunications Towers and Facilities and Section 3300 Class A, V, and A-O” Flood Area Provisions, respectively.
Accessory Building or Use A structure or use which is customarily incidental to and subordinate in area, extent, and purpose to that of the principal structure or use and is located on the same lot therewith. If such use or structure occupies more than 30% of the floor area occupied by the principal structure or use or more than 50% of the lot area occupied by the structure or use, it shall no longer be considered accessory.
Accessory
Dwelling Units A dwelling unit,
which is subordinate in use and area to that of the principal structure and is
located on the same lot therewith and subject to the requirements of Article 4
Section 4800 of these By-laws.
Adult Entertainment Uses shall include the
following
(a) Adult Bookstore, an establishment having as a substantial or significant portion of its stock in trade, books, magazines, and other matter which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in section thirty-one of chapter two hundred and seventy-two of the Massachusetts General Laws.
(b) Adult Motion Picture Theatre, an enclosed building used for presenting material distinguished by an emphasis on matter depicting, describing, or relating to sexual conduct or sexual excitement as defined section thirty-one of chapter two hundred and seventy-two of the Massachusetts General Laws.
(c) Adult Paraphernalia Store, an establishment having as a substantial or significant portion of its stock, devices, objects, tools, or toys which are distinguished or characterized by their association with sexual activity, including sexual conduct or sexual excitement as defined in section thirty-one of chapter two hundred and seventy-two of the Massachusetts General Laws.
(d) Adult Video Store, an establishment having as a substantial or significant portion of its stock in trade, videos, movies, or other film material which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to sexual conduct or sexual excitement as defined in section thirty-one of chapter two hundred and seventy-two of the Massachusetts General Laws.
(e) Establishment which displays live nudity for its patrons, any establishment which provides live entertainment for its patrons, which includes the display of nudity, as term is defined in section thirty-one of chapter two hundred and seventy-two of the Massachusetts General Laws.
(f) The substantial or significant portion mentioned in (a), (c), (d) above shall pertain to 20% more of their stock.
(g) Any section, if deemed illegal can be severed; the rest of the By-law Amendment remaining.
Affordable Housing
Dwelling units subject to affordable housing restrictions
based on the
(a) Low Income Community
Housing. Dwelling units, subject to an
affordable housing restriction, for a term of perpetuity or the longest period
allowed by law, that limits rental rates, limits eligibility for occupancy and
purchase, and provides a right of first refusal to the Town of Provincetown.
Low Income Community Housing units shall be available for rental at a cost (including
utility allowances) not exceeding 30% of annual income for a household at or
below 50% of the Barnstable County median income; or, available for ownership
at a cost (including mortgage interest, principal, taxes, insurance and common
charges if any, but excluding utilities) not exceeding 30% of annual income for
a household at or below 50% of the Barnstable County median income. Occupancy shall be limited to households
whose income is at or below 65% of Barnstable County median income.
(b) Moderate
Income Community Housing. Dwelling
units, subject to an affordable housing restriction, for a term of perpetuity
or the longest period allowed by law, that limits rental rates and resale
prices, limits eligibility for occupancy and purchase, and provides a right of
first refusal to the Town of Provincetown. Moderate Income Community Housing
units shall be available for rental at a cost (including utility allowances)
not exceeding 30% of annual income for a household at or below 65% of the
Barnstable County median income; or, available for ownership at a cost
(including mortgage interest, principal, taxes, insurance and common charges if
any, but excluding utilities) not exceeding 30% of annual income for a
household at or below 65% of the Barnstable County median income. Eligibility
for occupancy shall be limited to households whose income is at or below 80% of
Barnstable County median income.
Affordable Housing Permit: A permit granted by the Provincetown Community Housing Council (“PCHC”) established by the vote under Article 12 of the April 7, 1997 Annual Town Meeting, or successor entity, for units of Affordable Housing in a project that requires a Growth Management Allocation Permit pursuant to Article 6, the Growth Management By-law. Criteria for approval of an affordable housing permit shall include an executed and acknowledged affordable housing restriction or, in the case of ownership unit(s) an executed and acknowledged covenant whereby the property owner agrees to convey the unit(s) subject to a certain affordable housing restriction attached as an exhibit to the covenant, in either case approved as to form by town counsel.
Aircraft Landing Area shall mean any area of land or water which is used or intended for use for the loading and take‑off of aircraft, including ancillary facilities for the service, sale, storage and maintenance of aircraft.
Animal Shelter shall refer to a non-profit public animal control facility or
any other facility which is operated by any organization or individual for the
purpose of protecting animals from cruelty, neglect or abuse.
Applicant For the purposes of Growth
Management, an individual or a partnership, corporation, trusts or other legal
entities in which the applicant of record holds a legal or beneficial ownership
of greater than 1%.
Art Gallery shall mean premises for the preparation, sale, display or barter of paintings, sculpture, original, limited edition graphic arts and photographs created by individual artists on a single piece basis, but not including premises used by caricaturists and portrait artists working on a single‑sitting, non‑appointment basis.
Artist's Studio shall be a structure to be used for the creation of works of art including literature, paintings, sculpture, original limited edition graphic arts and photographs created by individual artists on a single piece basis; it may include a bathroom but not a kitchen and is not to be used as a dwelling unit, guest unit or commercial accommodation.
Boarding, Lodging or Tourist Home A dwelling with a managing family resident on the premises, plus accommodations, with or without meals, rented to more than three but fewer than twenty persons.
Building
A structure having a roof and supported by columns or walls for shelter or
enclosure of persons, animals, property or an activity; such structure does not
include camper as defined in this By-laws.
Building Height the vertical distance between the highest point of the roof and the natural mean grade as measured from the natural grade at the four (4) furthest corners of the structure to the height of the highest point of the roof, and dividing the aggregate number of these heights by four (4). Height limitations shall not apply to chimneys, TV antennae with poles of ten (10) feet or less, or spires, cupolas and widow walks that do not enclose more than thirty‑five (35) square feet of floor space or exceed ten (10) feet in height or occupy more than five (5) percent of the roof area.
Cabin shall mean a small, detached
guest unit providing sleeping accommodations and cooking facilities for persons
on a transient basis for compensation, and subject to the licensing
requirements of
Camp/Campground
shall mean any recreational camp or overnight camp subject to the licensing
requirements of
Camper shall mean a vehicle, eligible
to be registered and insured for highway use, designed to be used as a
temporary dwelling for travel, recreational and vacation purposes, but not for
permanent residence. Includes equipment
commonly called 5th wheels, independent travel trailer, dependent travel
trailer, tent trailers, pickup campers, motor homes, converted buses and other
equipment, but not manufactured homes.
Change of Use For zoning purposes, an alteration of the use of a principal or accessory
structure or use of a lot.
Commercial Accommodations shall mean boarding, lodging, tourist homes, motel, hotel or inn.
Community Housing: Dwelling units
subject to community housing restrictions based on the Barnstable County median
income as is periodically defined by United States Department of Housing and
Urban Development adjusted for household size, as further defined below.
a)
Median Income Community Housing. Dwelling units, subject to a housing restriction,
for a term of perpetuity or the longest period allowed by law, that limits
rental rates and resale prices, limits eligibility for occupancy or purchase,
and provides a right of first refusal to the Town of Provincetown. Median
Income Community Housing dwelling units shall be available for rental at a cost
(including utility allowances) not exceeding 30% of annual income for a
household at or below 80% of the Barnstable County median income; or, available
for ownership at a cost (including mortgage interest, principal, taxes,
insurance and common charges if any, but excluding utilities) not exceeding 30%
of annual income for a household at or below 80% of the Barnstable County
median income. Eligibility for occupancy shall be limited to households whose
income is at or below 100% of Barnstable County median income.”
b) Middle Income Community Housing. Dwelling units, subject to a housing
restriction, for a term of perpetuity or the longest period allowed by law,
that limits rental rates and resale prices, limits eligibility for occupancy or
purchase, and provides a right of first refusal to the Town of Provincetown.
Middle income community housing dwelling units shall be available for rental at
a cost (including utility allowances) not exceeding 30% of annual income for a
household at or below 120% of the Barnstable County median income; or,
available for ownership at a cost (including mortgage interest, principal,
taxes, insurance and common charges if any, but excluding utilities) not
exceeding 30% of annual income for a household at or below 120% of the
Barnstable County median income. Eligibility for occupancy shall be limited to
households whose income is at or below 150% of Barnstable County median income.
Community Housing
Permit: A permit granted
by the PCHC for units of Community Housing in a project that requires a Growth
Management Allocation Permit pursuant to Article 6, the Growth Management
By-law. Criteria for approval of a community housing permit shall include
an executed and acknowledged housing restriction or, in the case of ownership
unit(s) an executed and acknowledged covenant whereby the property owner agrees
to convey the unit(s) subject to a certain housing restriction attached as an
exhibit to the covenant, in either case approved as to form by town counsel.
Contractor's Yard shall mean premises used by a building contractor or sub‑contractor principally for storage of equipment and supplies fabrication of subassemblies and parking of wheeled equipment.
Dormer a framed structure, either gable, shed or eyebrow style, which projects from a roof and has its own roof and sides. No part of a dormer shall extend above the ridge height of the roof from which it projects.
Dwelling, Multi‑family shall mean a structure, regardless of form of tenure, containing three or more dwelling units.
Dwelling Unit shall mean a building or portion of a building providing complete, independent living facilities for one or more persons, including permanent and contiguous provisions for living, sleeping, eating, cooking and sanitation.
Economic Development Permit shall mean an economic development permit awarded by the Board of Selectmen pursuant to Section 5-15 of the General By-laws.
Fast Food Establishment shall be an establishment engaged primarily in the sale of fast food for consumption on or off the premises, fast food is food which is primarily
(a) intended for immediate consumption rather than for use as an ingredient in or component of meals,
(b) available upon a short waiting period and
(c) packaged or presented in such a manner that it can be readily eaten outside the premises where it is sold.
Fixed Standing Spaces for standing within an eating and/or drinking establishment or
outside such an establishment on the property of that establishment, where
fixed counters and/or shelves are provided for the resting of food and/or
beverages and where public restrooms are required shall constitute seats for
the purposes of the Growth Management By-law at a measurement of one seat for
each 18” of linear distance, or at the distance specified in the state building
code, whichever is the lesser.
Floor Area the sum of the horizontal areas of the floor(s) of a building measured from the interior face of the interior walls of building, without deduction for hallways, stairs, closets, thickness of walls, columns or other features. For the purposes of computing floor area for half story, any portion of the floor area measuring less than five (5) feet from the finished floor to the finished ceiling shall not be included in the computation of floor area.
Green Area shall mean an area of a lot to be used for landscaping purposes using trees, shrubs or other plant material.
Growth Limitation Goal The annual
allotment of increases in Title 5 Design Flow for new construction, alterations
and additions to existing structures and changes in use, as specified in Growth
Management Section E.
Growth Management Allocation Permit A permit issued by the Permit Coordinator, following receipt of a Completed Application, that assigns a portion of the available annual Growth Limitation Goal according to the Table of Use Categories and Priorities in Growth Management Section D.
Guest Unit shall mean a room or suite of rooms in a motel, hotel, inn, cabin or boarding, lodging or tourist home suitable for separate rental.
Half-story a partial story under a
gable or hip roof, excluding mansard and gambrel roofs, the wallplates of which
on a least two directly opposite sides are not more than three (3) feet above
the floor of such story. (See also
definition of Story.)
Home Occupation shall mean a business or profession engaged in within a dwelling by a resident thereof as a use accessory thereto.
Hotel, Motel, Dormitory Housing shall mean a building or group of buildings providing sleeping accommodations (but not individual cooking facilities) for persons lodged with or without meals on a transient basis for compensation, but not meeting the definition of “Boarding, Lodging or Tourist Home or Inn.” Dormitory housing may be on a seasonal or year round basis, but must be for more than a month, and may be related to employment, educational or cultural purposes.
Inn shall mean a building or group of buildings with a minimum of twenty (20) separate guest units all situated upon one parcel of land and providing food and sleeping accommodations (but not individual cooking facilities) for persons lodged on a transient basis for compensation and offering as well off‑street parking for the convenience of guests as specified elsewhere in these By‑Laws.
Lot shall mean a continuous parcel of land with legally definable boundaries.
Lot Area shall mean the contiguous
horizontal area of a lot exclusive of any area in a street or recorded way open
to public or private use and excluding any land which is under any water body
or bog, dry bog, swamp, pond, wet meadows or marsh (as defined in Sec. 40,
Chap. 131,
Lot Coverage shall mean the percentage of total lot area covered by structures or roofed.
Lot Frontage shall mean that portion of a lot fronting upon and providing rights of access to a way qualifying to provide frontage for the division of land under the requirements of Sec. 81L, Ch. 41, G.L., to be measured continuously along a single street line.
Marine Service shall mean facilities to accommodate as principal use:
1. Landing, launching, mooring and in‑water storage of boats;
2. Minor repairs and servicing of boats, engines and equipment only while afloat and/or within on‑site duly licensed and/or inspected premises; and to accommodate only as accessory uses to the above;
3. Retail sale at dockside of boat supplies and bait;
4. Rental of boats and fishing tackle.
Manufactured Home means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities.
For
flood plain management purposes the term "manufactured home" also
includes park trailers, travel trailers, and other similar vehicles placed on a
site for greater than 180 consecutive days. For insurance purposes the term
"manufactured home" does not include park trailers, travel trailers,
and other similar vehicles. See Section 3400 Manufactured Homes and Campers.
Manufactured Home Park or Sub‑division means a parcel of land (or contiguous parcels) divided into two or more manufactured home sites for rent or sale.
Motor Vehicle shall mean any self‑propelled wheeled conveyance that does not run on rails, including automobiles, motorcycles, moped, motorized recreational vehicles, trucks, busses and construction or farm equipment.
Museum shall mean premises for the procurement, care and display of inanimate objects of lasting interest and value, operated on a non‑profit basis, with sale of objects only incidental to other activities.
Natural
Grade the existing grade or elevation of the ground surface prior to
human-made alteration. To determine the applicable natural grade, which may not
be artificially heightened to raise the elevation of a structure, the critical
topographical data shall be provided as required by the Building Inspector.
Neighborhood Retail Sales or Service An
establishment having not more that 3,000 square feet gross floor area,
primarily engaged in the provisions of frequently or recurrently needed goods
for household consumption, such as prepackaged food and beverages, periodicals,
limited household supplies, hardware drug store, or laundry services, but not
including liquor or gasoline sales.
Nonprofit Health Care Related Use: A nonprofit nursing home,
convalescent home, or a nonprofit assisted living facility, as defined in
Section 2350, or an outpatient rehabilitation facility as defined in Section
2350 provided it is not operated for profit.
Outdoor Food Dispensing Machine shall mean any device for food storage transport, or preparation from which an operator dispenses food to customers unless totally enclosed within a building.
Package Store shall mean premises chiefly devoted to the sale of sealed bottles of alcoholic beverages for consumption off the premises.
Palletized
patio A combination of materials assembled, constructed or erected which is
not fixed to assembled materials, to a structure or to the ground and whose
assembled components are no larger than 8 feet long by 4 feet wide by 6 inches
high. Palletized patios shall be at or
near grade.
Parking Lot an open air, ground level lot used to park cars.
Parking Space shall mean a space adequate to park a standard automobile, plus means of access. Marked spaces shall be not less than 8' x 18'. Where spaces are not marked, each space shall be assumed to require 350 square feet.
Posted Occupant Load defined as The approved number of occupants of an assembly room or space posted in a conspicuous place, near the main entrance to the room or space.
Retaining Wall a wall or similar device used at a grade change to retain or restrain
lateral forces of unbalanced soil or other material.
Seats All seating, of any kind and nature, provided within an eating and/or drinking establishment, or outside such an establishment on the property of that establishment, shall constitute Seats for the purposes of the Growth Management Zoning By-law, without regard to the provision of waitron service.
Sign shall mean any device designed to inform or attract the attention of persons not on the premises on which the device is located. Any exterior building surfaces which are internally illuminated or decorated with gaseous tube or other lights are considered signs, as are advertising devices attached to motor vehicles, trailers or other movable objects if regularly located for fixed display. The following however, shall not be considered signs within the context of this By‑Law:
a. flags and insignia of any government except when displayed in connection with commercial promotion;
b. legal notices, or information signs erected or required by public agencies;
c. standard gasoline pumps bearing thereon in usual size and from the name, type, and price of gasoline;
d. integral decorative or architectural features of buildings, except letters, trademarks, moving parts or parts internally illuminated or decorated with gaseous tube or other lights;
e. on premise signs guiding and directing traffic and parking; not exceeding 2 square feet in area, and bearing no advertising matter;
f. awnings or similar devices, lettering not exceeding 3" in height, or symbols not exceeding four square feet in area;
g. paper or cardboard signs inside display windows, illuminated by building illumination only.
Any contrivance assemblage, or construction whether mechanical, mobile or structural and whether temporary or of permanent character and which has the effect of attracting attention by reason of the particular shape, size form and/or material employed to the principal service, product offered for sale shall be considered a sign.
Sign Area shall mean the area of the smallest horizontally or vertically oriented rectangle which could enclose all the display area of the sign, together with any backing different in color or material from the finished material of the building face without deduction for open space or other irregularities. Structural members not bearing advertising matter shall not be included unless internally or decoratively lighted. Only one side of flat back‑to‑back signs need be included in calculating sign area.
Story That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above it. For the purposes of determining the number of stories specified in the Dimensional Requirements of the Zoning By‑Law, the following restrictions shall apply:
a. If the top story of a building is roofed by a dormer covering fifty
(50) percent or more of the floor area, it shall be considered a full story.
b. Cellars, basements and/or foundation work shall not be considered a story unless used for a principal use or the walls of which extend more than an average of 3’6” (three feet six inches) on all pertinent sides from the finished grade.
c. Floor area under a gambrel or mansard roof shall be considered a full story.
Street shall mean an accepted town way, or a way established by or maintained under county, state or federal authority, or a way established by a sub‑division plan approved in accordance with the Sub‑division Control Law, or a way determined by the Planning Board to have sufficient width, suitable grades, and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land, and for the installation of municipal services to serve such land and the building erected or to be erected thereon.
Structure any combination of materials
assembled, constructed or erected that fixed location on the ground or attached
to something having location on the ground, including swimming pools having a
capacity of 4,000 gallons or more and retaining walls supporting more than four
feet of unbalanced material, but not including flagpoles, paving,
temporary structures such as tents and canopies, palletized
patios, or fences which do not exceed 6 feet above the property grade. The word "structure" shall be
construed where the context requires, as though followed by the words, "or
part or parts thereof".
Temporary structure A structure without any foundation or footing and removed when the designated time period, activity, or use for which the temporary structure was erected has ceased. Temporary structures such as tents and canopies shall not exceed allowed lot coverage (see definition) and setbacks, except when such structures are in use for a period not exceeding seven days. Temporary structures shall not be construed to constitute a permanent structure or addition thereto.
Theater shall mean any indoor or outdoor use of property for the presentation of live entertainment or cinema for patrons, provided that Adult Entertainment Uses shall be subject to such further regulation in these By-laws.
Title 5 Design Flow The estimated amount of wastewater to be produced or discharged as a result of the proposed construction or use as determined using the Title 5 Flow Design criteria found in 310 CMR 15.203: System Sewage Flow Design Criteria.
Transport Terminal shall mean premises for the boarding, parking, storage and servicing of commercial vehicles other than as a permitted accessory use.
Use Any purpose for which a lot, building, or other structure or tract of
land may be designated, arranged, intended, maintained, or occupied; or any
activity, occupation, business, or operation carried on or intended to be
carried on in a building or other structure or on a tract of land.
Yard shall mean an area open to the sky, located between a street or other property line and any structure or element thereof other than a fence, wall, other customary yard accessory, or projection allowed to encroach on building lines by the Commonwealth of Massachusetts State Building Code. Depth is to be measured perpendicularly to the street or property line.
Yard Front shall mean a yard extending between lot side lines across the front of a lot adjacent to each street the lot adjoins.
Yard Rear shall mean a yard adjacent to the rear lot line and extending between side lot lines.
Yard Side shall mean a yard adjacent to the side lot line and extending from the front yard to the rear yard.
2110 Establishment To accomplish the purposes of this chapter, the Town of Provincetown is hereby divided into zoning districts as shown on the map entitled "Provincetown Zoning Districts", dated April 1, 2002, which map and all explanatory matter thereon is hereby made a part of this By-law. Those districts are as follows:
Res1, Residential District 1
Res2, Residential District 2
Res3, Residential District 3
ResB, Residential
-Business District
GC, General Commercial
S, Seashore District
M, Municipal District
Harborfront Overlay District
High Elevation Protection District
Class “A, V, and A-O Flood Area
Health Care Overlay District
2120 Purposes of Zoning Districts The purposes of the zoning districts shall be as follows:
Res1: to provide for less dense
residential development in the town’s outlying areas.
Res2: to provide for high-density
residential development in the east and west sections of town adjacent to the
downtown waterfront area.
Res3: to provide for high-density
residential development in the downtown and other appropriate areas.
ResB: to provide
for mixed-use development while retaining the existing scale and character of
the residential neighborhood.
GC: to provide for small-scale commercial and industrial uses outside the central downtown area while maintaining pedestrian scale development and accessibility, maintaining or enhancing landscaping, minimizing visibility of parked automobiles, and avoiding creation of hazards or congestion.
S: to provide for further preservation and development of the Cape Cod National Seashore in accordance with the purposes of the Act of Congress of August 7,1961 and to provide for uses that do not conflict with the regulations governing the Seashore and are not incompatible with the character of the park.
M: to provide for necessary governmental functions and public facilities and services on town owned land.
2130 Divided Lots Lots
located in part in another municipality shall be regulated as if entirely
within
Within the Seashore District the following shall apply in addition to all the other requirements of the By‑Law.
2210 Prohibited Actions Upon any lands in "Class S ‑ Seashore" there shall be no burning of cover; cutting of timber; filling of land; removal of soil, loam, sand or gravel; no dumping; storage or piling of refuse and other unsightly objects or other uses which would detract from the natural or traditional seashore scene.
2220 Variances In the event of any application for a variance from the provisions of the Zoning By‑Law, the applicant for such variance is charged with notice that under Section 5 (d) of the Act of Aug. 7, 1961, the Secretary of the Interior is authorized to withdraw the suspension of his authority to acquire, by condemnation, "improved property" that is made the subject of the variance or exception and which in his opinion fails to conform or is in any manner opposed to or inconsistent with the preservation and development of the Seashore as contemplated in said Act.
The Secretary of the Interior shall be given notice by the Board of Appeals of all applications or petitions made for variances or exceptions to the By‑Law for the Seashore District, and he shall be provided notice by the Building Inspector of all applications for building permits involving Seashore District, all such notices to be given within seven (7) days of receipt of the applications or petitions.
Subsequently to meet the requirements of the Act of Congress
of
2311
Purpose The purpose of this section is to regulate the uses permitted in
the harborfront area in order to promote appropriate waterfront activities and
efficient use of the harbor frontage while minimizing adverse impacts to
pedestrian and visual access and protecting harbor water quality.
2312 Applicability The following requirements apply to the "Harborfront Area", defined as all that area which is either more than 195 feet seaward (i.e., southward) from the northern edge of the traveled ways of Commercial Street in the Class GC zone or seaward of mean high water, or both.
2313 Allowed Uses Any of the following uses is allowed in the Harborfront Area without necessity of a Special Permit unless it is prohibited or requires a Special Permit in the underlying district:
|
Use Item |
Name |
|
B4d |
Marine service, boat sales |
|
C1 |
Seafood processing |
|
C2 |
Boatbuilding, repair,
overhaul |
|
C3 |
On-shore boat storage |
|
D1a |
Religious or educational
use exempt from zoning prohibition |
|
E3b |
Picnic area, commercial
beach, bathhouse |
|
F1 (part) |
Aquaculture |
|
F2 |
Other farms, nurseries,
greenhouses |
|
G3 |
Home occupation (see
Section 4400) |
|
G4 |
|
|
G6 |
Temporary construction
office or shelter |
2314 Special Permit Uses The following uses are allowed in the Harborfront Area on Special Permit from the Zoning Board of Appeals unless prohibited in an underlying district:
|
Use Item |
Name |
|
B4a |
Neighborhood |
|
B4b |
Art Gallery |
|
B4e |
Package Store |
|
B4f |
All other retail |
|
B5 |
Restaurant, Bar |
|
B7 |
Parking Lots |
Such use shall be authorized with a Special Permit from the Zoning Board of Appeals as provided for in Section 5300 and after considering the degree to which the proposal would:
a. Interrelate productively with, and help promote, other waterfront activities;
b. Make efficient use of harbor frontage in relation to jobs supported or taxes contributed;
c. Improve opportunities for visual and pedestrian access to the waterfront.
d. Does not adversely impact harbor water quality.
2315 Waterfront Special Permit Uses The following uses are allowed in the Harborfront Area on Special Permit from the Zoning Board of Appeals unless prohibited in an underlying district:
|
Use Item |
Name |
|
C9 |
Transportation terminal |
|
C10 |
Warehouse |
|
D3 |
Municipal Use |
|
D4 |
Non-profit club without
entertainment |
|
D5 |
Museum |
|
E2 |
Indoor Recreation |
|
E3f |
All other commercial
outdoor recreation |
|
F7 |
Scientific research or
development |
|
G11 |
Other customary accessory
uses |
Such Special Permit shall be granted only if the Board of Appeals determines that operating costs of the proposed use would be substantially greater for any but a waterfront location, and after considering the degree to which the proposal would:
a. Interrelate productively with other waterfront activities;
b. Make efficient use of harbor frontage in relation to jobs supported or taxes contributed;
c. Improve opportunities for visual and pedestrian access to the waterfront;
d. Affect the ability of the town's utilities, roads and public services to service others;
e. Improve or maintain harbor water quality.
2316 Prohibited Uses Any use not listed in subsections 2313 or 2315 is prohibited in the Harborfront Area.
2320 High
Elevation Protection District
A. Purpose. To preserve high elevation dunes which are of natural scenic beauty, important to the tourist economic base of the Town, and which present serious concerns regarding the consequences of erosion.
B. District Delineation. All elevations above the 40' contour line shall be delineated as HEP District A; all elevations above the 60' contour line shall be delineated as HEP District B.
C. Special Regulations for HEP Districts A and B. All new construction or additions or any excavation, land removal or earth moving of more than 2500 cubic feet that will alter the topography from natural grade, whether or not subject to a building permit shall be subject to Site Plan Review as specified in Section 4160 with additional requirements as specified herein.
1. To facilitate siting and
design related to the special considerations of the setting, the following
additional information shall accompany the site plan:
a. Placement, height, physical
characteristics of all existing and proposed building and structures;
b. Proposed landscape features
including location and description of screening, fencing and planting;
c. Viewpoints (photographs of
site from points along harborfront, streets, highways and town entry
vistas);
d. Measures to be undertaken during and after
construction to prevent erosion;
2. In its Site Plan Review, the Planning Board shall
apply the following additional standards:
a.
Placement of buildings, structures, or signs shall not detract from the site’s
scenic qualities and shall blend with the natural landscape.
b. Building sites shall be
directed away from the crest of hills in order to preserve the visual and
physical integrity of the dune unless such siting shall be more detrimental to
the physical integrity of the dune.
c. Developments for more than
one structure shall incorporate variable setback and multiple orientation.
d. Foundations shall be
constructed to reflect natural slope of the terrain; excessive support members
or mechanical systems shall be covered and screened.
e. Landscaping shall consist primarily of native
trees and plants.
f. Retaining walls shall be screened with
appropriate materials.
g. Any grading or earth‑moving
shall be planned and executed in such a manner that final contours are
consistent with existing terrain both on and adjacent to the site.
h. Utilities shall be constructed and routed to
minimize detrimental effects on the visual setting.
i. Storage of petroleum products shall be
placed on a diked impermeable surface.
j. All run‑off from
impervious surfaces shall be recharged on site by being diverted to storm water
infiltration basins designed to handle a 25‑year storm and covered with
natural vegetation.
k. No area totaling 2000
square feet or more on any parcel or contiguous parcels in the same ownership
shall have existing vegetation clear‑stripped or be filled 6 inches or
more so as to destroy existing vegetation unless special controls are approved
to control run‑off, avoid erosion, and either a constructed surface or
cover vegetation provided and mulched by end of August. No such areas shall remain through the winter
without plant material cover.
D. Special Regulations for High
Elevation Protection District B In addition to the above:
a. Construction of buildings
which extend beyond the height of existing vegetation (including trees) shall
be prohibited in this District, or no
building shall be greater than 1 1/2 story high.
Permits for new construction, alteration of structures, or other development (any man‑made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations) at or below the Base Flood Elevation (10' above mean high sea level) as specified within Zones A1-A30, V2-V4 and AO on Federal Emergency Management Agency Flood Insurance Rate Maps, effective July 15, 1992, such maps hereby incorporated as part of this By‑Law and on file with the Town Clerk, the Planning Board and the Inspector of Buildings, shall be approved only subject to the following:
2331 Elevation New construction or substantial improvement (repair, construction or alteration costing 50% or more of the market value of the structure before improvements; or if damaged, before damage occurred) of residential structures shall have the lowest floor (including basement) elevated to not less than Base Flood Elevations. (Substantial improvement is deemed to have occurred when the first alteration of any structural part of the building commences).
Non‑residential structures shall either be similarly elevated or, together with attendant utility and sanitary facilities be flood proof to not less than the Base Flood Elevations. However, structures such as boathouses that would be functionally impaired by such measures, which requires coastal locations, and which are not continuously used for human occupancy, may be exempted from this requirement, upon the issuance of a Special Permits from the Zoning Board of Appeals.
In Zone A‑O, all new construction and substantial improvements are subject to the following requirements:
-
residential structures shall have the lowest floor (including basement)
elevated above the crown of the nearest street to or above the depth number
specified on the Flood Insurance Rate Maps (
-
non‑residential structures shall have the lowest floor (including
basement) elevated above the crown of the nearest street or above the depth
number on the
2332 Mechanical and Utility Equipment
Electrical, heating, ventilation, plumbing and air conditioning equipment and
other service facilities shall be designed and/or located so as to prevent
water from entering or accumulating within the components during conditions of
flooding.
2333 Start of Construction [for other than new construction or substantial improvements under Coastal Barrier Resources Act (pub. L.97‑348)], includes substantial improvements, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvements was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as clearing, grading and filling nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main structure.
2334 Enclosures Below A Structure's Lowest Floor For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters.
Designs for meeting this requirement must either be certified by a registered engineer or architect or must meet or exceed the following minimum criteria:
- A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.
- The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
2335 Code References Any new
construction or substantial improvements to be undertaken within said district
shall be in accordance with the
2336 Use of Available Flood Data The Building Inspector shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State, or any other source, as a criteria for requiring that new construction, substantial improvements, or other development in Zone A meet all requirements set forth in Section 60.3 (c) (2), (3), (5), and (6) and (d) (3) of the National Flood Insurance Program; Final Rule dated August 25, 1986.
2337 "V" Zones No land within areas designated as V (velocity) Zones on the F.I.A. Flood Hazard Rate Maps shall be developed unless such development:
a. is demonstrated by the applicant to be located landward of the reach of the mean high tide, and
b. is elevated at or above base flood
elevation and adequately anchored to piles as specified in the
2338 Manufactured Homes All manufactured homes to be placed or substantially improved within Zones A1‑30, AH and AE shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions specified in Section 60.3 (b) (8) of the Criteria for Land Management and Use of the National Flood Insurance Program unless being used as temporary housing following a natural holocaust provided by Section 3, Ch. 40A, M.G.L.
All manufactured homes to be placed or substantially improved in Zones V, VE, and V1‑30 must meet the same standards as conventional housing (e.g. meet the provisions at Section 60.3 (e) (3), (4), (5), and (6) of NFIP criteria).
2339 Variances
A. The Zoning Board of Appeals may grant a variance from these requirements in the case of new structures to be erected on a lot of 1/2 acre or less in size, contiguous to and surrounded by lots with existing structures constructed below the Base Flood Elevation, providing the following are met:
1. A showing of good and sufficient cause;
2. A determination that failure to grant the variance would result in exceptional hardship to the applicant;
3. A determination that the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense or any conflict with requirements in accordance with Chapter 40A, of the Massachusetts General Laws, and;
4. The Zoning Board of Appeals has notified the applicant for the variance, in writing, that the actuarial rates will increase as the first floor elevation decreases, and that such construction below the Base Flood Elevation Level increases risks to life and property.
B. Upon the granting of such variance,
the Zoning Board of Appeals shall require that the Town of
C. The Zoning Board of Appeals may
authorize use variances within the flood area, in accordance with Section 5222
as in any other Zoning district within the Town of
D. The Zoning Board of Appeals may grant a variance for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in Section 3351.
2340 Other Laws Where these flood area provisions impose greater or lesser restrictions or requirements than those of other applicable by‑laws or regulations, the more restrictive shall apply.
(Town Clerk’s Note: Section
2350 Water Resource District was deleted by
2350 Health Care Overlay District
2351 Purposes The purpose of the Health Care Overlay District (“HCOD”) is to promote the public health and welfare by allowing for campus-type development of health care-related uses in a readily accessible location and similar uses listed below in Section 2353, Permitted Uses.
2352 District
Boundaries The boundaries of the HCOD are shown on a map entitled: “Highway Corridor Overlay District,
The boundaries
of the HCOD shall be expanded to include those properties shown on a map,
entitled "Highway Corridor Overlay District, Provincetown, MA," dated
December 12, 2002, which map is on file with the Town Clerk's office and hereby
incorporated by reference into the Zoning By-laws. The properties shown on said
map include: hose lands north of the paved surface of Route 6, going northward
to and including the
The boundaries
of the HCOD shall be expanded to include those properties shown on a map, entitled "Health Care
Overlay District, Provincetown, MA," dated February 4, 2004,
which map is on file with the Town Clerk's office and hereby incorporated by
reference into the Zoning By-laws. The properties shown on said map are bounded
on southeast by the southern edge of
2353 Permitted Uses
a. Within the boundaries of the HCOD, the following uses are permitted: Any use permitted in the underlying district in which the land is situated, subject to the same use and development restrictions as may otherwise apply thereto.
b. Within the boundaries of the HCOD, the following additional uses may be authorized with a special permit issued by the Zoning Board of Appeals, subject to a finding that the proposed use is consistent with the purpose of the HCOD district and conforms to all applicable provisions of the Zoning By-laws:
Nursing Home, Convalescent Home
Assisted Living Facility
Outpatient Rehabilitation Facility
Medical or
Animal Shelter
Independent Living Units for Seniors.
2354
Dimensional Regulations
The following dimensional regulations shall apply to uses authorized under Section 2353:
Minimum lot area: 2 acres
Minimum frontage: 100 feet
Minimum Front Yard Setback: 30 feet
Minimum Rear Yard Setback: 25 feet
Minimum Side Yard Setback: 25 feet, of
which a minimum of 15 feet shall be maintained as a vegetative buffer
Maximum Number of Stories: three stories
Maximum Height: 44 feet
The following parking standards shall apply to uses authorized under Section 2353:
Nursing Home, Convalescent Home: One (1) space per two (2) beds
Assisted Living Facility – One (1) space per two (2) units.
Outpatient Rehabilitation
Facility: Three (3) spaces per staff doctor, therapist, nurse or other
professional plus one (1) space per other employee on the longest shift.
2356 HCOD Definitions
Nursing Home, Convalescent Home, shall mean a facility licensed under G.L. c. 111, §71, and maintained for the purpose of providing nursing or convalescent care for four or more persons admitted thereto.
Assisted Living Facility shall mean a residential facility for elderly or disabled persons, certified under G.L. c. 19D, §3, providing room and board together with personal services such as assistance with, or supervision of, activities of daily living, self-administered medication management and similar self-care assistance services, to its residents.
Outpatient Rehab Facility shall mean outpatient rehabilitation services including restorative therapies such as sports therapy; occupational therapy; physical therapy; speech therapy.
Medical or Health Care Center shall refer to any facility or institution
that is licensed to provide health care services to natural persons, including
but not limited to health-maintenance organizations, home-health agencies,
rehabilitation agencies and skilled nursing facilities.
Animal Shelter shall refer to a non-profit public animal
control facility or any other facility which is operated by any organization or
individual for the purpose of protecting animals from cruelty, neglect or
abuse.
Independent Living Units for Senior
Citizens shall mean housing intended for occupancy by persons fifty-five or
over or sixty-two or over which complies with the provisions set forth in 42
U.S.C. Section 3601, et seq. and which is associated with a Nursing Home,
Convalescent Home or Assisted Living Facility as defined in this Bylaw.
2420 More Than One Use Where an activity might be classified under more than one of the following uses, the more specific classification shall determine permissibility; if equally specific the more restrictive shall govern.
2430 Symbols In the following Use Regulation Schedule symbols shall mean the following: YES, a permitted use; NO, an excluded or prohibited use; BA, a use authorized under Special Permit from the Board of Appeals as provided for in Section 5300 Special Permits.
2440 Permitted
Principal Uses
|
|
|
Residential |
Commercial |
Seashore |
Public Use |
|||
|
|
|
Res1 |
Res2 |
Res3 ResB |
|
GC |
S |
M |
|
A. |
Residential |
|
||||||
|
A1a |
Single
Family Dwelling |
|||||||
|
|
1.
one per lot |
YES |
YES |
YES |
YES |
YES |
NO |
NO |
|
|
2.
two per lot (each separate structure) |
NO |
BA |
YES |
YES |
YES |
NO |
NO |
|
|
3.
three or more (each separate
structure) |
NO |
NO |
YES8 |
YES8 |
YES8 |
NO |
NO |
|
A1b |
Two
Family Dwelling |
|
||||||
|
|
1.
one per lot |
NO |
YES |
YES |
YES |
YES |
NO |
NO |
|
|
2.
two per lot |
NO |
NO |
YES |
YES |
YES |
NO |
NO |
|
|
3.
three or more per lot |
NO |
NO |
YES8 |
YES8 |
YES8 |
NO |
NO |
|
A2 |
Multi
Family Dwelling |
NO |
NO |
YES8 |
YES8 |
YES8 |
NO |
NO |
|
A3 |
Boarding,
lodging or tourist homes |
NO |
YES |
YES |
YES |
YES |
NO |
NO |
|
A4 |
Nursing
Home |
NO |
BA |
BA |
BA |
BA |
NO |
NO |
|
A5 |
Manufactured
home park or subdivision |
NO |
NO |
NO |
BA |
BA |
NO |
NO |
|
A6 |
Cluster
Development |
NO |
NO |
YES |
YES |
YES |
NO |
NO |
|
B. |
Business |
|
|
|
|
|
|
|
|
B1 |
Business
or professional offices, banks |
NO |
NO |
NO1 |
YES |
YES |
NO |
NO |
|
B2 |
Funeral
Home |
NO |
NO |
NO |
YES |
YES |
NO |
NO |
|
B3 |
Hotel,
motel or inn |
NO5 |
NO5 |
YES3 |
YES2 |
YES2 |
NO |
NO |
|
B4 |
Retail
sales or service |
|
|
|
|
|
|
|
|
|
a.
neighborhood |
BA |
BA |
BA |
YES |
YES |
NO |
NO |
|
|
b.
art gallery |
NO |
NO |
YES |
YES |
YES |
NO |
NO |
|
|
c.
motor vehicles sales, rental or services 4 |
NO |
NO |
NO |
BA |
YES |
NO |
NO |
|
|
d.
marine service, boat sales |
NO |
NO |
NO |
YES |
YES |
NO |
NO |
|
|
e.
package store |
NO |
NO |
NO |
BA |
BA |
NO |
NO |
|
|
f.
all other retail |
NO |
NO |
BA18 |
YES17 |
YES17 |
NO |
NO |
|
B5 |
Restaurant,
bar |
NO |
NO |
BA18 |
BA6 |
BA6 |
NO |
NO |
|
B6 |
Rental
storage |
NO |
NO |
BA9 |
BA9 |
BA9 |
NO |
NO |
|
B7 |
Parking
lots |
NO |
BA11 |
BA11 |
BA11 |
BA11 |
NO |
NO |
|
B8 |
Fast
Order Food Establishments (excluding those with seating for less than ten and
which occupy no more than a total of 500 square feet.) |
NO |
NO |
BA18 |
BA12 |
YES13 |
NO |
NO |
|
B9 |
Adult Entertainment17 |
|
|
|
|
|
|
|
|
|
a.
Establishment which displays live nudity for its patrons |
NO |
NO |
NO |
YES |
YES |
NO |
NO |
|
|
b.
Other adult entertainment |
NO |
NO |
NO |
YES |
YES |
NO |
NO |
|
B10 |
Theater |
BA |
BA |
BA |
YES |
YES |
BA |
BA |
|
C. |
Industrial |
|
|
|
|
|
|
|
|
C1 |
Seafood
processing |
NO |
NO |
NO |
BA |
BA |
NO |
NO |
|
C2 |
Boat
building, repair, overhaul |
|
|
|
|
|
|
|
|
|
a.
owner and one worker |
BA |
BA |
YES |
YES |
YES |
NO |
NO |
|
|
b.
more workers |
NO |
NO |
BA |
YES |
YES |
NO |
NO |
|
C3 |
On-shore
boat storage |
|
|
|
|
|
|
|
|
|
a.
one or two boats |
YES |
YES |
YES |
YES |
YES |
YES |
YES |
|
|
b.
three or more boats |
NO |
NO |
BA |
YES |
YES |
NO |
NO |
|
C4 |
Oil,
gas refining, processing pipelines |
NO |
NO |
NO |
NO |
NO |
NO |
NO |
|
C5 |
Earth
removal |
NO |
NO |
NO |
NO |
NO |
NO |
NO |
|
C6 |
Solid
waste processing, disposal |
NO |
NO |
BA |
BA |
BA |
BA |
YES |
|
C7 |
Other
manufacturing, processing |
NO |
NO |
NO |
NO |
YES |
NO |
NO |
|
C8 |
Public
utility |
NO |
NO |
BA |
BA |
BA |
NO |
NO |
|
C9 |
Transportation
terminal |
NO |
NO |
NO |
||||
