Public Notice
April 2004 Annual Town Meeting
Notice is hereby
given that the following amendments to the Provincetown Zoning By-laws as voted
at the April 7, 2004 Annual Town Meeting were approved by the Massachusetts
Attorney General on June 21, 2004. This notice is published pursuant to
Massachusetts General Laws c.40§32. Any claims that a zoning by-law is invalid
because of a defect in the procedure by which the by-law was adopted or amended
may only be made within ninety (90) days of this posting. Copies of the zoning
by-laws may be examined and obtained from the Town of Provincetown, Office of
the Town Clerk, 260 Commercial St., Provincetown, MA. By-laws are also available for viewing at the Provincetown
website: www.provincetown-ma.gov Approved revisions/amendments appear in
italics.
Article 7. Zoning
By-law Amendment: Adding Illumination
Criteria to the Site Plan Review Process.
To see if the Town will vote
to amend the Provincetown Zoning By-laws, Article 4 Special Regulations,
Section 4162 Consideration, by adding
Consideration #6, as follows:
4162 Consideration In its review of the site plan,
the Planning Board shall consider the following:
1. That the plan is in accordance
with the Provincetown Zoning By-Laws.
2. That the plan meets the design
requirements outlined in Section 4163.
3. That all necessary permits have
been obtained or are approved and pending.
4. All ways within the site shall
be designed so that they will provide for safe vehicular traffic.
5. That the plan shall address the
requirements of Section 5331.
6. That development must
conform to the illumination standards of Section 3430 Illumination, including the requirements of Subsections
3431 and 3432 of the Zoning By-laws.
Article 8.
Zoning By-law Amendment: Adding
“Dormitory Housing” to the “Hotel/Motel” Definition in the Zoning By-laws. To see
if the Town will vote
to amend the Provincetown Zoning By-laws, Article 1, Definitions so that
it reads as follows, with additions shown in italics: 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.
Article 9. Zoning
By-law Amendment: Parking Requirements. To see if the Town
will vote to amend the Provincetown Zoning By-laws, Parking Requirements,
Section 2472 All Districts, and Section 2473 Certain Districts, by adding the
text italics and/ or underlining, and deleting the text with strikeovers:
2471 Applicability. All parking demand created by
new structures or uses, and expansion or change of use in existing structures,
shall be accommodated on the premises entirely off-street as follows, to
be calculated in accordance with the following table, rounding up for each
resulting fraction. The
with the exception that for multi-family developments of fewer than five
dwelling units, the Zoning Board of Appeals may grant a variance from this
requirement for multi-family developments of fewer than five dwelling
units if lot size or configuration makes meeting this requirement
physically impossible, and for any use may grant a variance upon determination
that special circumstances such as proximity to a municipal off-street parking
lot render a lesser provision adequate for all parking needs. Art galleries
shall be exempt from the requirement of providing off-street parking.
2472 All Districts The following minimums must be
complied with in all districts:
|
USE |
NUMBER OF SPACES |
|
Multi-family dwelling |
1 space/dwelling unit |
|
Hotel, Motel, Dormitory,
Inn |
1
space/guest unit plus: 1 space/resident employee; 1 space/3 non-resident
employee plus 1 temporary space/10 guest
units or fraction thereof |
|
Boarding, Lodging or Tourist
Home |
1 space/guest unit |
|
Affordable, elderly & or
handicapped housing |
1 space per two residential
units |
2473 Certain Districts In all districts except TCC,
which is exempted, every non-residential structure or building shall provide
for a minimum parking of five (5) cars or comply with the following schedule,
whichever will produce the greater number of parking spaces. The space provided
for ingress and egress may not be again calculated as parking area.
Use Number of Spaces
|
USE |
NUMBER OF SPACES |
|
Theater |
1 space/5 seats |
|
Church |
1 space/8 seats |
|
Funeral home |
1 space/50 sq. feet floor area |
|
Restaurant, bar |
1 space/50 sq. feet floor area |
|
Skating Rink |
1 space/100 sq. feet floor
area |
|
Bowling alley |
1 space/250 sq. feet floor
area |
|
Offices |
1 space/350 sq. feet of floor area |
|
Miscellaneous (any building or structure, not specifically identified by one of the above mentioned use
categories, which exceeds 350 sq. feet in floor area.) |
1 space/350 sq. feet floor
area or portion thereof |
Article 19. Zoning Amendment: Adult Entertainment: To see if the Town will vote to amend the Zoning By-laws as follows: By deleting footnote 17 from Section 2440(B4) and inserting a new Section 2440(B9) in the table of Permitted Principal Uses, which shall provide as follows:
2440 Permitted
Principal Uses
|
|
|
Residential |
Commercial |
Seashore |
Public Use |
|||
|
|
|
Res1 |
Res2 |
Res3 ResB |
TCC |
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 |
NO |
YES | |||