Issues addressed are whether special permits should be required for normal changes to non-conforming uses. (c) In all zones, the application of pesticides, herbicides, fertilizers, fungicides, and rodenticides for non-residential or non-agricultural purposes shall require a special permit. (a) The units within the structure shall connect with the municipal sanitary sewer; (b) The new or expanded structure is appropriate in terms of bulk, shape, location on the lot and relationship to abutting properties and existing structures within the immediate and general neighborhood; (c) Off-street parking regulations of Section 6.2 of this By-Law are met; (d) The converted two-unit structure may not be substantially different in character from the existing building, except in a case where changes in building facade or design would better reflect the overall character of the surrounding neighborhood; (e) The resulting structure will be in harmony with the surrounding neighborhood. DISTRICT BY STRUCTURES MAXIMUM % LOT, COVERAGE BY STRUCTURES AND. 1. c. 21C and 310 CMR 30.000, except for the following: (1) very small quantity generators, as defined by 310 CMR 30.00; (2) household hazardous waste collection centers or events operated pursuant to 310 CMR 30.390; (3) waste oil retention facilities required by M.G.L. Toward this end: a) The developer shall engage a qualified certifying agent acceptable to the Planning Board to receive purchase or rental applications, obtain and. 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. The O&M Plan shall remain on file with the Planning Board and shall be an ongoing requirement. 3.3.2 Boundaries which appear to follow a property or lot line, the exact location of which is not indicated by means of dimensions shown in figures, shall coincide with the property or lot line. The use of infiltration practices without pretreatment is prohibited. 6. Request for all releases shall be by certified, return receipt letter to the Planning Board and the Town Clerk and shall outline that portion of the work to be released and shall be accompanied by an engineer's or surveyor's certification that the work has been done in accordance with the requirements of the granted special permit. 2. c.40A s.9 and Section 7.5 of the Zoning By-Law. Create a Website Account - Manage notification subscriptions, save form progress and more. The containment shall be of adequate size to handle all spills, leaks, overflows, and precipitation until appropriate action can be taken. Please be aware that the height restriction includes WEEDS, GRASS, and ALL PLANTS other than trees, flowers, ornamental shrubs and bushes and fruit and vegetable plants. D. Fee Structure. [1997], In issuing building permits for construction on lot(s) with frontage considered by the Building Inspector to provide impractical vehicular access, or otherwise satisfying only technical and not practical frontage compliance, the Building Inspector shall be empowered to ensure that said lot(s) have access to that portion of the lot(s) to be constructed upon by means of easement or so-called "common driveways" which are, in his opinion and in the opinion of the Planning Board, of 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 buildings erected or to be erected thereon and which meet the design standards contained in Section 6.2.8 of these By-laws. (f) To allow the best use of older homes by encouraging the preservation of these homes. No smoking, burning or consumption of any product containing Marijuana orMarijuana-infused products shall be permitted on the premises of a Marijuana Business except as may be expressly permitted by law. View on Map, Agenda, Actions and Minutes (1995-present), Join C.E.R.T. A buffer or greenstrip planted with live shrubs or trees, predominantly evergreen, shall if feasible be maintained between the perimeter of the LGSPI and any abutting property line or street unless the existing natural growth is adequate to provide an equivalent buffer. A minimum of 60% of the upland area of the parcel (applicable land area) shall be provided as open space. To protect groundwater and surface water from degradation; 4. Off-grid systems shall be exempt from this requirement. Notwithstanding this provision or the, requirements of the Zoning Bylaw, every dwelling fronting on the proposed. An LGSPI shall comply with the requirements set forth in Sections 5.10 and 6.15 of the Zoning By-Law, which requirements shall be imposed and conditioned as appropriate through the Site Plan Approval process. A fee equaling 50% of the Countys fee will be assessed. Large-Scale Ground-Mounted Solar Photovoltaic Installations. 9.4.10 Preservation of Affordability; Restrictions on Resale. The sq. Erosion Control Inspection: to ensure erosion control practices are in accord with the filed plan. c.111, 17; M.G.L. Development b) If the applicant or co-applicant will be represented by an agent, the name, address and telephone shall be provided as well as original signature authorizing the agent to represent the applicant and/or co-applicant. (b) No person shall wade or bathe in any source of drinking water supply, and no person shall, unless permitted by written permit by the Manchester-by-the-Sea Department of Public Works or like body having jurisdiction over such source of supply, fish in; enter or go in any boat, seaplane, or other contrivance; enter upon the ice for any purpose, including the cutting or taking of ice; or cause any animal to go in or upon such source of water supply or tributary thereto. 2. The construction of fencing that will not substantially alter existing terrain or drainage patterns; 4. Unless otherwise specified, RMD refers to the site(s) of dispensing, cultivation, and preparation of Marijuana. 2. a. Stormwater management easements shall be provided by the property owner(s) as necessary for: (i). All lots meet the applicable dimensional requirements of Section 9.2.5 of the RCC Development Bylaw and all other relevant provisions of the Zoning Bylaw. City Business Ordinances. 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. In the case of a lot abutting on more than one street, such lot shall be required to have such applicable minimum frontage on only one street. [Amended 2007]. ft. of area in service bays 1, 300 sq. 6.7.2.6 Every lot shall be connected to municipal sewer and water, unless the Planning Board, after consultation with the Board of Health, determines that other suitable provisions for sewer and water have been made. Vacancies shall be filled in the same manner as appointments. Remove all of the LGSPI in its entirety, including all associated structures, Dispose of all solid and hazardous waste in accordance with local, state, and, Stabilize or re-vegetate the site as necessary to minimize erosion. proposed location is suitable for an RCC Development under the terms and provisions of this section. As of 2019, flood damage insurance to property owners in Gloucester totaled over $7 million, the sixth highest in the state, he said. They will work in conjunction with the special permit review criteria found in the new Section 12. The project proponent shall submit documentation of actual or prospective access and control of the project site sufficient to allow for construction and operation of the LGSPI. The Zoning Map for the City of Manchester in New Hampshire divides the citys real estate into zones based on land use and building regulations. (2) protect against potential damage to neighboring properties from tower/structure failure or collapse and falling ice. The special permit granting authority shall also make such further findings as may otherwise be required by this By-Law, and may attach such conditions or safeguards or limitations on the grant of the special permit as it finds to be appropriate and reasonable to protect the surrounding neighborhood, including but not limited to. - Community Emergency Response Team, Leisure, Family, and Recreation Department, Planning and Economic Development Department, Starting or Expanding a Business in Manchester, Director of Planning and Economic Development. A plot plan of your project is required and a fee will be assessed. The commercial cultivation, production, processing, assembly, packaging, retail or wholesale sale, trade, distribution or dispensing of marijuanais prohibited unless permitted as a Marijuana Businessunder this By-Law. Minimum Frontage: The minimum frontage may be reduced from frontage, otherwise required in the Zoning District, provided however that no lot shall have. 5. 1. Massachusetts Stormwater Management Policy: The Policy issued by the Department of Environmental Protection, and as amended, that coordinates the requirements prescribed by state regulations promulgated under the authority of the Massachusetts Wetlands Protection Act G.L. Planning Board, all areas to be protected as open space shall be: (a) Conveyed to the Town to be placed under the care, custody and control of the Conservation Commission, and be accepted by it for a park or open space use. Spring High Tide shall be located as that elevation shown on the Army Corps of Engineers High Tide Chart (Tidal Flood Profiles New England Coastline, See ACOE, New England Division, Prepared by Hydraulics and Water Quality Section, Waltham, MA). All Right Reserved 2014 Total IT Software Solutions Pvt. Filing an application for a special permit grants the Planning Board, or its agent, permission to enter the site to verify the information in the application and to inspect for compliance with the resulting special permit. 15 I . Zoning permits are required for any change of use and almost all building and renovation work, including accessory structures such as fences and shed installations. A single set of design standards will provide guidance for developers and others needing site plan approval, and will provide specific direction to Town boards for their review. [Amended 1987]. Any structure or use lawfully existing at the time of the adoption of this By-Law or any amendment hereto and any use or structure lawfully begun in respect of which a building or special permit has been issued before the first publication of notice of public hearing on this By-Law or any amendment hereto may be continued or completed although such structure or use does not conform to the provisions hereof, provided that, in the case of the issuance of a building or special permit, construction or operation hereunder shall conform to the provisions of this By-Law or any amendment hereto unless the construction or use has commenced within a period of six months after the issuance of the permit and that in cases involving construction such construction is continued through to completion as continuously and expeditiously as is reasonable. Reinstate gravel or ground cover consistent with the surrounding landscape. Without limitation of the generality of the foregoing, Green Activities include the annual addition of up to twelve (12) inches of soil or other material to any area. the applicable minimum from setback for such lot plus ten (10) feet. Loading Do Not Show Again Close. For example, if a unit appraised for $300,000 is sold for $225,000 because of this Bylaw, it has sold for 75% of its appraised value. No products shall be displayed in the facilities windows or be visible from anystreet or parking lot. Should the testing and monitoring of a facility site reveal that the site exceeds any applicable federal, state or local regulations, the owner(s) of all Facilities at that site shall be so notified. (h) Wind energy conversion systems (windmills). Manchester Township 1 Colonial Dr Manchester Township, NJ 08759 732-657-8121 Monday - Friday 8:30am - 4:00pm Quick Links. Loading. Land conveyed to the Town shall be open for public use; (b) Conveyed to a non-profit organization, the principal purpose of which is the conservation or preservation of open space, with a conservation restriction as specified below. MHTforADUs is actively gathering signatures for a petition to amend the zoning regulations, with the group stating the changes to zoning are needed to ease the ADU approval process for homeowners in Manchester. c. 21 . 10.2.4.2 Located within the Flood Plain District are areas designated as coastal high hazard areas (Zone VE). ], [ THE CURRENT LANGUAGE REGULATIONG ADMINISTRATION FOLLOWS AND IS ALSO SHOWN ADJACENT TO THE NEW SECTION 12 FOR EASY COMPARISON. Where this By-Law or any portion thereof imposes a greater restriction than is imposed by other regulations, the provisions of this By-Law shall control. Fences must not enclose utilities. (e) Unless preventive measures are adopted to control the discharge and storage of toxic and hazardous materials within the Town, further spills and discharges of such materials will predictably occur and with greater frequency and degree of hazard by reason of increasing land development, population and vehicular traffic within Manchester-by-the-Sea. Storm water run-off and erosion control shall be managed in a manner consistent with all applicable state and local regulations and the terms and conditions as imposed by the Planning Board. No Special Permit shall issue without demonstration by the applicant of compliance with all applicable state laws and regulations, and with all local regulations. This inspection shall also evaluate the effectiveness of the system in an actual storm. 3907. For purposes of determining whether a lot has the applicable frontage specified in the column headed Minimum Frontage in Section 5.4, the frontage of a lot shall be the lesser of (1) its unbroken street frontage, or (2) the unbroken distance measured along a line which marks the required front setback from the front lot line as specified in the column headed Minimum Front Setback in Section 5.4. Co-applicants shall include the landowner of the subject property and the operator of the WECF. extension would derogate from the intent and purpose of this Bylaw. The owner(s) of the stormwater management system must notify the Planning Board of changes in ownership or assignment of financial responsibility. The designation of the Ground and Surface Water Resource Overlay Protection Districts and careful regulation of development activities within these districts can reduce the potential for ground and surface water contamination. (4) provide for testing and monitoring of radio frequency emissions, as follows: (a) Pre-testing. Re-codify then means to re-code, re-systematize, re-classify or more simply put re-format and re-organize. Any proposed senior facility will require a special permit. 4. 13. For the purpose of this By-Law, the Town of Manchester-by-the-Sea is hereby divided into the following zoning districts [See Maps]: Limited Commercial District [Amended 1987]. (e) Minimum requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5); Any variances from the provisions and requirements of the above-referenced State regulations shall be granted only in accordance with the required variance procedures of these State regulations. E . Encourage screening of new residential development from the Towns roads, open spaces and scenic areas. The Manchester Planning Commission proposes the attached Manchester Land Use & Development Ordinance to replace the current ordinance adopted by the Selectboard on December 16, 2015. The Flood Control District will consist of those areas designated as A1, A2 and B1 in Figure 8 of a report prepared for the Town of Manchester-by-the-Sea by the consulting firm of Camp, Dresser and McKee entitled "Storm Drainage Improvements for the Bennett's Brook Drainage Area" dated October, 1971. Pasquale Popolizio Zoning Official. Such expansion, alteration, or modification may result from increased square footage of production or storage capacity, or increased quantities of Regulated Substances, or changes in types of Regulated Substances beyond those square footages, quantities, and types upon which the permit was issued. c. 41, 81L, 81P, 81S, and 81U, or residential development on lots less than 80,000 square feet of land area containing at least 200 feet of lot width and 150 feet of lot frontage. Redevelopment: Development, rehabilitation, expansion, demolition or phased projects that disturb the ground surface or increase the impervious area on previously developed sites. Elevations shall be at either one-quarter (1/4) inch equals one (1) foot or one-tenth (1/10) inch equals one (1) foot scale and show the following: a) The WECF and if applicable the security barrier and associated equipment, with total elevation dimensions of all parts of the WECF; b) Security barrier. Public hearings for the subdivision application and the special permit application shall be conducted concurrently. The Stormwater Management Plan shall fully describe the project in drawings, and narrative. dwelling unit in a reasonable and economical manner. 4. [Amended 2012, 2014, 2017], 10.2.2.2 Base Flood Elevation and Floodway Data. (iii) direct maintenance access by heavy equipment to structures requiring regular cleanout. 10.3.5.3. c) Signs on the WECF shall be limited to those needed to identify the property and the owner, WECF manufacturer and model number, to warn of any dangers, and educational signs. 3. Said announcement shall also be sent to all parties receiving notification of the Special Permit application at the applicant's expense. A dwelling unit that qualifies as a local initiative unit under the Commonwealths Local Initiative Program and meets the requirements of a subsidized housing unit for purposes of listing in the subsidized housing inventory under G. L. c. 40B Sec. (See Section 5.3), _____________________________________________________________________________, District A 15% 30%, District B 20% 35%, District C 15% 25%, Residence District D 40% 50%, District E 15% 25%, General District 40% 70%*. Normal maintenance and improvement of land in agricultural use as defined by the Wetlands Protection Act regulation 310 CMR 10.04; 2. This By-Law also pertains to physical modifications that materially alter the type, configuration, or size of these installations or related equipment. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the LGSPI or otherwise prescribed by applicable laws, regulations, and bylaws.
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