manchester zoning regulations

In connection with any such Application to the Planning Board, all expenses for advertising, recording and filing of documents, and for the reasonable fees (and expenses) for the employment of outside consultants as the Planning Board shall select, if and when it shall determine to do so, shall be borne by the applicant. 4.4.6 By Special Permit from the Planning Board, and limited to the land area west of Pine Street, a/k/a Pipe Line Road, laboratories and establishments devoted to scientific research and development; light manufacturing, assembly and processing of materials related thereto and incidental accessory uses. c.21, 26 53; M.G.L. In all cases, Zone II shall extend upgradient to its point of intersection with prevailing hydrogeologic boundaries (a ground water flow divide, a contact with till or bedrock, or a recharge boundary). a. Wind Monitoring or Meteorological Test Tower (Met Tower): A temporarily installed tower used for supporting anemometer, wind vane and other equipment to assess the wind resource at a predetermined height above the ground. which will not alter terrain or drainage patterns; 5. Accessory buildings and structures may not exceed the height of the principal building. Stormwater discharges from areas with higher potential pollutant loads require the use of specific stormwater management BMPs (see Stormwater Management Volume I: Stormwater Policy Handbook). Trail connections should be provided where appropriate. Topographical changes (other than Excluded Activities) within the Setback Area for any lot in Single Residence Districts A, B, C, and E, and in Residence District D, may not be made without a special permit from the Planning Board if such changes: (1) Involve within the Setback Area removal of either any portion of any pre-construction exposed ledges or more than 5 feet vertically or horizontally of other ledges; and/or, (2) Result in a change in elevation (from the pre-construction elevation) of more than 5 feet at any point (otherwise than within the footprint of any structure) within the Setback Area; and/or, (3) Result in the excavation, deposit or removal of more than 20 cubic yards of earth, clay, sand, gravel and rock within the Setback Area, whether or not any such material so excavated, deposited or removed is relocated elsewhere either within the Setback Area or the lot; and/or. Ground and Surface Water Resource Overlay Protection Districts, as shown on the maps described in 4.9.3, shall be considered to be superimposed over any other district established in this By-Law. 10.3.5 Restrictions within Ground and Surface Water Resource Overlay Protection Districts. 10.3.4.2 Relationship to Other Laws: This By-Law is supplementary to other. The provisions of this By-Law shall be construed as being additional to and not as annulling, limiting or lessening to any extent whatsoever the requirements of any other By-Law, rule or regulation, provided that, unless specifically exempted, where this By-Law is more stringent it shall control. Upon receipt of the Planning Boards written decision regarding said plan, the applicant may submit a Definitive Subdivision/ RCC Development plan in accordance with the Planning Boards written decision. 1. Physically Remove shall include, but not be limited to: 11.2.8.3 As a condition of the issuance of a special permit the Planning Board shall require the applicant to provide a form of surety (i.e., a bond, escrow account or other form of security satisfactory to the Planning Board) to the Town prior to commencing construction of the WECF, to cover costs of the removal in the event the permit holder does not remove the WECF as required. water meter, electric meter, etc.). To allow for a diversity in dwelling unit construction, and to continue an historic pattern of settlement within the downtown portion of town, this By-Law allows for the construction and/or conversion of structures into two dwelling units, provided the new or converted structures are appropriate in terms of bulk, shape and location on the lot and relationship to abutting properties. The O&M Plan shall include: 1. He shall withhold a permit for the construction, alteration or moving of any building or structure if the building or structure as constructed, altered or moved would be in violation of this Zoning By-Law and no permit shall be granted for a new use of a building, structure or land which use would be in violation of this By-Law. 11.2.8.2 Upon receipt of a Notice of Discontinuance from the Building Inspector, the owner shall physically remove the WECF or Met Tower within ninety (90) days. Except for shed dormers, individual dormers are not considered to be an increase in volume. Encourage the provision of diverse housing opportunities and the integration of a variety of housing types. (d) Either the accessory dwelling unit or the main dwelling shall be occupied by the owner of the property except for temporary absences of up to one year. The Zoning Regulations comprise Chapter 415 of the Citys Municipal Code. 20-23. (c) Adequately distributed throughout the parcel and accessible to all residential lots without crossing through private property. Within the Limited Commercial District no building, structure, or land shall be used and no building or structure shall be erected or altered, except for the following uses. This means that a property owner or developer can obtain all of the necessary land use approvals from one body, creating a coordinated, streamlined process. 10.3.7.1 Exemptions for Continuous Transit: The transportation of any, regulated substance through Zones I, II, III, or A, B or C shall be exempt, from the provisions of this By-Law provided the transporting motor, 10.3.7.2 Exemptions for Vehicular and Lawn Maintenance Fuel and, Lubricant Use: The use in a vehicle or lawn maintenance equipment of, any regulated substance solely as fuel in that vehicle or equipment fuel, tank or as lubricant in that vehicle or equipment shall be exempt from the. Failure to comply with the Rental Housing Licensing requirements of the Town Code constitutes a municipal infraction, subject to fines and penalties set forth in the Town of Manchester Code. [Added 1982] (See 6.2.5), 5.4 Minimum Area and Dimensional Requirements. No more than two lots shall be served by a common driveway without a special permit from the Planning Board. The requirements set forth herein shall be applied coincident with and in addition to those requirements set forth in Section 6.5. ft. home is a 2 bed, 1.0 bath property. Manchester Town Hall. 2. "Person" means any agency or political subdivision of the federal government or the Commonwealth, any state, public or private corporation or authority, individual, trust, firm, joint stock company, partnership, association, or other entity, and any officer, employee, or agent of such person, and any group of persons. Department means the Massachusetts Department of Environmental Protection (DEP). especially in rocky, hilly terrain, preserve existing wetlands, recharge areas, rivers. Ordinance #17-024. Entry. Application. c) The assumptions used to determine an affordable purchase price, including but not limited to minimum down payment, mortgage interest rate, term, closing and other costs shall be consistent with first-time homebuyer mortgage products available from commercial lending institutions located in or serving Manchester-by-the-Sea at the time of application for a special permit, all in accordance with the Inclusionary Housing Submission Requirements and Procedures Manual adopted by the Planning Board and filed with the Town Clerk. Right of first refusal to purchase The purchaser of an affordable housing unit. This By-Law establishes stormwater management standards for the final conditions that result from development and redevelopment projects, as well as construction activities, to minimize adverse impacts offsite and downstream which would be borne by abutters to development projects and the general public. Each affordable unit created in accordance with this Bylaw shall have the following limitations governing its resale. 7.5.2 No special permit shall be granted unless the applicable special permit granting authority finds the proposed uses in harmony with the purpose and intent of this By-Law and will not be detrimental or injurious to the neighborhood in which it is to take place and that all requirements or conditions for the grant of the special permit have been satisfied. 1. warranted, on the provisions of Section 7.5 of the Zoning Bylaw. 6.16.2(a) Definitions (for purposes of this Section 6.16): Each lot within the Single Residence Districts A, B, C, and E, and Residence District D, consists of two parts. If the Planning Board determines, after discussion and analysis provoked by Section 9.2.4, that the location is best suited for subdivision under a conventional subdivision design, the Planning Board shall so inform the applicant and the applicant may then proceed to design a subdivision plan under the provisions of the Subdivision Control Law and the Manchester-by-the-Sea Rules and Regulations Governing the Subdivision of Land (Subdivision Rules and Regulations) and the provisions of this section shall not apply. Pursuant to the site plan review process, the project proponent shall provide the following documents: i. The applicant may make an administrative appeal from the Planning Boards selection of any such outside consultant, such appeal to be made to the Towns Board of Selectmen and limited to claims that the consultant selected has a conflict of interest or does not possess the minimum required statutory qualifications (which, as specified in MGL c.44 Section 53G are either an educational degree in or related to the field at issue or 3 or more years of practice in the field at issue or a related field). The minimum setback requirements shall not apply to the projections of steps, eaves, chimneys and cornices, window sills or belt courses. Any LGSPI, or any substantial part thereof, not in operation for a period of one hundred and eighty (180) continuous days or more without written permission from the SPAA, or that has reached the end of its useful life, shall be considered discontinued and shall be removed. 4.3.11 A new or enlarged existing dwelling containing not more than 4 dwelling units if authorized by a special permit issued by the Planning Board in accordance with the provisions of Section 7.5 (Special Permits); in addition, the following stated provisions shall also apply. Create a Town of Manchester-by-the-Sea 10 Central Street Manchester-by Failure by the Planning Board to act within thirty (30) days after receipt of an application shall be deemed to be approval. Chimneys, spires or towers not used for human occupancy may extend ten (10) feet above these height limits. 9.4.8 Provision of Affordable Housing Units Off-Site, As an alternative to the requirements of Section 9.4.5.1(a), an applicant subject to the, Bylaw may develop, construct or otherwise provide affordable units equivalent to those, required by Section 9.4.5 off-site. 10.1.4 The portion of any lot within the Flood Control District may be used to meet the area and yard requirements for the district or districts in which the remainder of the lot is situated. Definitive Subdivision/ RCC Development Plan: The Definitive Subdivision/ RCC Development Plan shall show: location and boundaries of the site, proposed land and building uses, lot lines, location of open space, proposed grading, location and width of streets and ways, parking, landscaping, existing vegetation to be retained, water supply or approximate location of wells, drainage, proposed easements and methods of sewage disposal. Toxic or hazardous materials include, without limitation, organic chemicals, petroleum products, heavy metals, radio-active or infectious wastes, acids and alkalies, and include products such as pesticides, herbicides, solvents and thinners. 6.1. A minimum of 60% of the upland area of the parcel (applicable land area) shall be provided as open space. (g) The offices within a single building for not more than three medical doctors, subject to the following conditions: (i) the Board of Appeals determines that there is a need in the Town for such offices within a single building, that there is no reasonably available and suitable office space for such doctors within a single building, or land for such a building, in a district other than a Residence District, and that there is adequate and safe off-street parking for doctors and their staffs and patients; (ii) there is no display or advertising except for a small professional sign for each doctor not over one square foot in area; (iii) no more than one building with offices for more than one doctor shall be permitted in the Residence Districts; and (iv) site plan approval is required as provided for in Section 6.5 (Site Plan Approval). The land not included in the building lots is permanently preserved as open space. At least half of the required open space may be. c. 66, and as such shall not bepart of the public record. (c) Excessive emissions. This is a current, two year initiative aimed at increasing vibrancy and economic opportunity Downtown. Marijuana Business means a Medical Marijuana Treatment Center, Marijuana Establishment, or any combination or part thereof. Wind Energy Conversion Facility (WECF): All equipment, machinery and structures utilized in connection with the conversion of wind to electricity. Where a proposed development abuts land held for conservation purposes, the, development shall be configured to minimize adverse impacts to abutting. a) Wind turbines shall be lighted only as required by the Federal Aviation Administration (FAA) or other federal, state or county agency or authority. (d) Designed to preserve natural features such as topography, vegetation, views, vistas, access to water courses and water bodies, and incorporate them into the total development scheme. The site plan shall also show all contiguous land owned by the applicant or by the owner of the property. It is a violation of the Town of Manchester Code for any property owner to offer any unit for rent or allow any rental unit to be occupied without obtaining a valid Rental Housing License. Proper subdivision ensures that division of land within the City of Manchester will result in legal, usable, buildable Special Permit uses in Zones II and III, and A, B, and C. (a) The use, handling, production, and storage of Regulated Substances. 12. The applicant shall submit such material as may be required regarding the projected traffic-flow patterns into and upon the site for both vehicles and pedestrians and an estimation of the projected number of motor vehicle trips to and from the site for an average day and for peak hours. [Revised 2012], (c) All development and/or uses within the Flood Plain District shall comply with all applicable local laws and regulations. The proposed use of the open space shall be specified in the application. (h) Wind energy conversion systems (windmills). The Board of Appeals may not grant a variance authorizing a use or activity not otherwise permitted in the district in which land or structure is located, except that this limitation shall not apply to land or structures located in the Limited Commercial District or General District. 10.2.2 Flood Plain District Boundaries and Base Flood Elevation and Floodway Data, 10.2.2.1 The Flood Plain District is herein established as an overlay district. After the required public hearing, the Planning Board shall find and determine that such dwelling and use, including the site, plans and designs of the dwelling and any accessory buildings, constitute a desirable development in and will not be detrimental to the neighborhood, and subject further to the following conditions: 4.3.11.1 Each unit shall have independent cooking facilities. The Zoning Regulations comprise Chapter 415 of the Citys Municipal Code. Impervious surface: Any material or structure on or above the ground that prevents water infiltrating the underlying soil. 10.3.5.1. Clearing: Any activity that removes the vegetative surface cover. Monday - Thursday 9am-3pm. No mulch, dirt, residential refuse or pet waste will be taken if placed in any container. 4.3.4 Yacht storage, construction and service and related uses. 6.7.4 Determination of Buildable Lots: 6.7.4.1 The number of lots which can be developed shall be determined using the following formula: total acreage of tract, minus areas considered to be unbuildable, multiplied by .7, divided by the zoning district lot area requirements in which the parcel is located, as provided in Section 5.4 of the Zoning By-Law. access for visual inspection (e.g., cement-floored basement), and sheltered to prevent the intrusion of precipitation. Upon completion of construction, all unused and waste Regulated Substances and containment systems shall be removed from the construction site by the responsible contractor, and shall be disposed of in a proper manner as prescribed by law. Violation of this ordinance is a municipal infraction and shall be subject to a fine of $100 for the first offense and $200 for each subsequent offense. Timing, schedules, and sequence of development including clearing, stripping, rough grading, construction, final grading, and vegetative stabilization, 16. Decorative Fences may be located in any yard or setback area. You can find a complete Zoning Code for each district here . The common driveway, at its intersection with the street, must provide a leveling off area with a slope no greater than 1% for the first 20 and a slope no greater than 5% for the next 30. 10.3.6.1 Special Permits: The Special Permit Granting Authority (SPGA), under Section 4.9 of this By-Law shall be the Planning Board. Fences must be a minimum of 10 feet from the sidewalk, if no sidewalk then a minimum of 10 feet from the road surface. Consists of fences, trees, planted barriers (plants, bushes, shrubs, etc.) 6. c.111, 17; M.G.L. developed as a result of this Bylaw shall agree to execute a deed rider prepared by the Town, granting, among other things, the Towns right of first refusal for a period not less than the maximum period allowable under guidelines set by the Department of Housing and Community Development for Local Initiative Units as defined by the Local Initiative Program, to purchase the property or assignment thereof, in the event that, despite diligent efforts to sell the property, a subsequent qualified purchaser cannot be located. (c) Stockpiling and disposal of snow or ice removed from highways and streets located outside Zone II/Zone A that contains sodium chloride, chemically treated abrasives or other chemicals used for snow and ice removal. The SPAA. 10.3.7.3 Exemptions for Application of Pesticides, Herbicides, Fertilizers, Fungicides and Rodenticides: The application of those Regulated, Substances used as pesticides, herbicides, fertilizers, fungicides, and, rodenticides in recreation, agriculture, pest control and aquatic weed, control activities shall be exempt from the provisions of this By-Law. Curb cuts will be referred to as driveway entrances and reviewed with specific criteria by the DPW. Disturbance of land: Any action that causes a change in the position, location, or arrangement of soil, sand, rock, gravel or similar earth materials. The surface drainage area as determined by topography is commonly coincident with the ground water drainage area and will be used to delineate Zone III. Zone B means the land area within one half mile of the upper boundary of the bank of a Class A surface water source, as defined in 314 CMR 4.05(3)(a), or edge of watershed, whichever is less. 9.1.2.4 The accessory dwelling unit shall not be occupied until a Building Permit and a Certificate of Occupancy are issued by the Building Inspector. Documentation must list all lot owners and any encumbrances on the land that may affect the proposed use, and must demonstrate and act upon the applicant's sufficient legal authority to prevent the building of any structure unrelated to the WECF within the WECFs required set-backs. Chapter 40A of the Massachusetts General Laws, as amended by Chapter 808 of the Acts of 1975, The Zoning Act, and any amendments thereafter. To comply with state and federal statutes and regulations relating to stormwater discharges; and. ft of gross floor area 1, Each three persons reasonably expected to be using, the facility during a period of full utilization 1, Four seats of rated capacity 1. (e) A hydrogeologic assessment of the site which shall address, at a minimum, soil characteristics and ground water levels and direction of ground water flow relative to operating and future planned public water supplies. Smaller scale ground or building-mounted solar photovoltaic installations which are accessory to a lawful principal use on the same lot are not otherwise subject to the requirements of this by-law, but must comply with the other provisions of the Zoning By-Law, as applicable. Applications shall be accompanied by at least seven (7) prints of the plans of the proposal. Any other information requested by the Planning Board. Critical areas are Outstanding Resource Waters (ORWs), swimming beaches, cold water fisheries and recharge areas for public water supplies. This inspection shall also evaluate the effectiveness of the system in an actual storm. These requirements are in addition to those described in Section 5.10 of the Zoning Bylaw. 10.3.4.1 Determination of Location within Ground and Surface Water. of the Zoning By-Law, with the terms and conditions of the special permit issuedpursuant to Section 6.19, et seq. Ordinances/Zoning & Planning Missy 2021-02-25T19:59:07-05:00. Affordable Housing Unit. [Revised 2012]. Published on January 18, 2023. Manchester Township has had a zoning ordinance in effect since 1958 as well as a subdivision and land development ordinance to help manage growth, Planning / Zoning. Branches, tree limbs must be contained in some manner. Re-codify then means to re-code, re-systematize, re-classify or more simply put re-format and re-organize. Within 45 days of their receipt of the application/plans, these agencies shall submit any recommendations to the Planning Board. (b) Subject to restrictions which shall be contained in a covenant duly recorded with and referred to on the approved plan, unlimited by time that such open land shall be used only for conservation in its natural state, walking, or other passive recreational activities in harmony with the intent of this By-Law. (i) There is no other accessory dwelling unit in the dwelling. Accessory structures shall be set back from any street on which the lot has frontage at least the applicable minimum front setback for such lot plus ten (10) feet. 10.1.3 Any use otherwise permitted in the underlying district is permitted as a matter of right within the Flood Control District except those uses expressly regulated in this Section. Updated Manchester Township Zoning Map. 10.1.2 The purpose of the Flood Control District is to protect the public health and safety and property against the damages of flooding conditions caused by new development in areas with inadequate capacity of existing drainage systems, brook channels, and street culverts to accept storm runoff from the areas drained. Town of Manchester Use Zoneomics, to search for real estate records and find the precise property data you need. A. It has also been designated the Inland Wetlands Agency and the Aquifer Protection Agency. 6.7.2.7 Limitation of Subdivision: No lot shown on a plan, for which a permit is granted under this section, may be further subdivided and a notation to this effect shall be shown on the plan. The sq. A half story is defined as a story with a sloping roof, the area of which story at a height of four (4) feet above the floor does not exceed two-thirds of the floor area of the story immediately below it. (Amended 2001), Notwithstanding the foregoing provisions of this Section 5.0, no accessory structure shall be erected or altered so that it exceeds one and one-half (1 1/2) story as defined in Section 5.5 aboveor twenty-five (25) feet, whichever is lesser. 10. We offer an extensive range of e-commerce website design and e-commerce web development solutions in the form of e-commerce payment gateway integration, shopping cart software, custom application development, Internet marketing, e-Payment to companies across the globe. The Planning Board shall determine the minimum lot dimensions and set backs appropriate to the use proposed. No Special Permit shall issue without demonstration by the applicant of compliance with all applicable state laws and regulations, and with all local regulations. (b) In all zones, the application of any of the pesticides, herbicides, fertilizers, fungicides, and rodenticides shall be noted in the records of the certified operator. The Planning Board shall meet with an applicant under this regulation within twenty-one (21) days or at the next scheduled meeting, following a written request submitted to the Planning Board. The specific design and selection of materials shall be sufficient to preclude any Regulated Substance loss to the external environment. flat) and shall not be electronic or lighted. Use - Unit of Measure Number of Off-Street, One dwelling unit 2, Two dwelling units 3, Three dwelling units 5, Four dwelling units 6. The third step is to identify the contiguous open space to be preserved on the site. Parking lots containing (5) or more parking spaces shall have at least one (1) tree per five (5) parking spaces, such trees to be located either within the lot or within (5') feet of it. 4. Not more than twenty-five percent (25%) of the area shall be used for parking. Ground and Surface Water Resource Overlay Protection Districts. 3. 10.3.5.3. The Planning Board is authorized to establish an application form and filing fees, and to retain, at the applicants expense, Registered Professional Engineers or other professional consultants to review and advise the Board on any or all aspects of these plans. 9 and 11. c.40A, and under the Massachusetts State Constitution and in keeping with its responsibilities to protect public health, public welfare and public safety, the Town hereby adopts this Bylaw. [Added 1984; Amended 1987], 9.2 Residential Conservation Cluster[Added 2005]. Maintenance of existing landscaping, gardens or lawn areas associated with a single family dwelling; 3. A copy of the approved security measures shall be provided to the PoliceDepartment. 1.Uses. Any request for a renewal of a Special Permitshall be subject to publication notice requirements as required for an originalapplication for a Special Permit. 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