manchester zoning regulationsrevit material library
In accordance with the Towns authority to regulate land and waterway uses and structures, the Town of Manchester-by-the-Sea hereby determines that it is in the public interest to regulate the on-the-ground placement and storage of helicopters. The Stormwater Management Plan shall fully describe the project in drawings, and narrative. 6.1.2 Changes, Extensions and Alterations: A nonconforming structure or use may be changed, extended or altered, provided that in each case the Board of Appeals grants a special permit therefor after finding that such change, extension or alteration is not substantially more detrimental or injurious to the neighborhood than the existing nonconforming structure or use. Protect existing and potential municipal water supplies. Excessive changes will still require a special permit and the ZBA will have more flexibility in approving modifications of grandfathered properties that are non-conforming. Failure to comply with this section shall be good grounds for denying the application. The applicant shall submit such material as may be required regarding design features intended to integrate the proposed new development into the existing landscape, to enhance aesthetic assets, and to screen objectional features from neighbors. Swimming pools may only be located in rear yards. In addition to the other powers and responsibility granted by other applicable provisions of the General Laws or by this By-Law, the Board of Appeals shall hear and decide appeals in accordance with Section 7.4.5 of this By-Law, petitions for variances in accordance with Section 10 of The Zoning Act and Section 7.4.6 of this By-Law, and applications for special permits with respect to matters as to which it is designated in this By-Law as the special permit granting authority. All Town streets are NO PARKING unless otherwise indicated in the Town of Manchester Code Book. WECF and Met Towers shall be subject to the following dimensional requirements: A WECF shall be no higher than four hundred fifty (450) feet above the elevation at its base. Stormwater: Storm water runoff, snow melt runoff, and surface water runoff and drainage. Such a buffer shall be designed so as not to create a hazard upon entrance or exit from the facility. 11.1.3 General Requirements for all As-of-Right Large-Scale Ground-Mounted Solar Photovoltaic Installations (LGSPI), 11.1.3.1 Compliance with Laws, Ordinances and Regulations. dwelling unit in a reasonable and economical manner. When one or more of the Standards cannot be met, an applicant may demonstrate that an equivalent level of environmental protection will be provided. The Zoning By-Law of the Town of Manchester-by-the-Sea is adopted pursuant to and under the authority of Chapter 40A of the General Laws as amended by Chapter 808 of the Acts of 1975, The Zoning Act. FOR THE CITY OF MANCHESTER, NEW HAMPSHIRE Adopted February 7, 2001 Amended through October 6, 2020 AMENDMENTS SUBSEQUENT TO THE ZONING ORDINANCE ADOPTION DATE OF FEBRUARY 7, 2001: March 20, 2001- Article 8 - Section 8.05 Multi-family dwelling units for the elderly; subsection C [Adopted 2003]. Special, permits shall be granted only in conformance with this By-Law, Section. As an exception, where the open space is proposed to be deeded to the Town or a qualified land trust pursuant to 6.13.7 of this Bylaw, and in fact, such a transfer occurs, a minimum of 50% of the upland area of the parcel shall be provided as open space. The number of dwelling units permitted in a Residential Conservation Cluster shall not exceed that which would be permitted under a conventional subdivision that complies with the Zoning Bylaw and the Subdivision Rules and Regulations of the Planning Board and any other applicable laws and regulations. E. Public Hearing. (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). otherwise required by the Zoning District in which the project is located. 2. A . 10.2.4.2 Located within the Flood Plain District are areas designated as coastal high hazard areas (Zone VE). Evaluating Site Context. In the case of a lot abutting on more than one street, the minimum front setback shall be applicable to each street. (d) A site plan illustrating the location of all operations involving Regulated Substances. Off-street parking spaces shall be designed with minimum dimensions of 9 feet by 20 feet. The Planning Board shall cause the project site to be inspected by its representative at the following stages: 1. 1. Distributed Generation: Energy generation that is located at or near the end-user. The owner and operator of an LGSPI shall each identify a responsible person for emergency purposes and public inquiry and shall at all times throughout the life of the installation maintain current contact information (name, address, telephone number, e-mail address) for such person(s) on file with the Building Inspector, the Fire Chief, and the SPAA. To prevent pollutants from entering the Towns municipal separate storm sewer system (MS4) and to minimize discharge of pollutants from the MS4; 5. Property Maintenance Regulations. The Special Permit Granting Authority may refer a Special Permit application to any other town agency/board/department for comments and recommendations if it so desires before taking final action on said Special Permit application. 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. (f) Storage of animal manures, unless such storage is covered or contained in accordance with the specifications of the Natural Resource Conservation Service. C. Other Boards. Setbacks: Provided that no objection to the contrary is raised by the Fire, Department, the Planning Board may reduce by up to one-half the setbacks, otherwise required by the Zoning Bylaw if the Board finds that such reduction will result in better design, improved protection of natural and scenic resources, and will otherwise comply with this Bylaw. As used in this By-Law, the following terms shall have the following meaning: A building, structure or use which is subordinate to, and the use of which is customarily incidental to, and is located on the same lot with the principal building, structure or use to which it is accessory. upper boundary of the bank of a tributary or associated surface water body. An RCC Development may consist of a combination of single-family and two-family and residential structures. 10.3.4.1 Determination of Location within Ground and Surface Water. 9.4.4 Mandatory Provision of Affordable Units. An exception may be made for resource areas vulnerable to trampling or other disturbance. Government Zoning, Site Plan Review and Development Review To discuss potential developments /site plans, please call the Village Manager and Zoning Administrator, Michael Sessions, at 734-428-7877 or email msessions@vil-manchester.org Zoning Compliance and Site Plan Review Applications may be found on this site under Village Forms In granting any renewal, the Special Permit Granting Authority mayalter or impose additional conditions, and/or may provide for revocation of the Special Permit if any identified violations of this By-Law or anyother applicable regulation are not corrected within a specified timeperiod. A drainage area map showing pre-construction and post-construction watershed boundaries, drainage area and stormwater flow paths. 94G, and any regulations promulgated thereunder. This subsection shall not apply to the construction of any street in a subdivision, which is approved by the Planning Board pursuant to the Subdivision Control Law. The site plan for the lot shall be prepared at a scale no greater than 1"=40', and shall show (except as otherwise prescribed or waived by the Planning Board) all existing and proposed contour elevations (at two (2) foot contour line intervals), structures, parking spaces, driveway openings, service areas, facilities for sewage, refuse and other waste disposal and for surface water drainage, wetlands, vernal pools, streams, ponds and other surface water, areas subject to the 100-year flood, and landscape features such as exposed ledges, fences, walls, trees (having a diameter, 4 1/2 feet from the ground, exceeding 6 inches), planting areas, walks and lighting, both existing and proposed. In a single Residence District no building or land shall be used and no building shall be erected or altered which is intended or designed to be used for any purpose except one or more of the following: 4.1.1 A dwelling having not more than one dwelling unit. Since these areas are extremely hazardous due to high velocity waters from tidal surges and hurricane wash, all new construction shall be located landward of the reach of Spring High Tide. The results of the inspection and any resulting repair work shall be submitted to the Planning Board and the Building Inspector within thirty (30) days of the receipt of results of such evaluation by the applicant or WECF owner. c.111, 17; M.G.L. All Town streets are SNOW EMERGENCY ROUTES. 5.7.3 All structures shall be set back from any street at least one hundred and fifty (150) feet, and from any other lot line at least one hundred (100) feet. This plan shall include a description of the lottery or other process to be used for selecting buyers. Site access shall be maintained to a level acceptable to the Fire Chief and emergency medical services. 2. homeowners association) and placed under conservation restriction. Stormwater Management will have minor changes bringing it into compliance with current State standards. [Added May, 1984]. Manchester, CT 06045 Failure to, respond in writing within 30 days shall indicate approval or no desire to, comment by said agency. 5. The penalty for violation shall be $50 for the initial offense and $100 for each repeat offense. Distances, at grade, from the proposed WECF to each building on the site plan shall be shown; c) Proposed location of WECF, including all turbines, fencing, associated ground equipment, transmission infrastructure and access roads. The Town may file a lien against the lot or lots to ensure payment of such maintenance expenses. A management plan may be required by the Planning Board that describes how existing woods, fields, meadows or other natural areas shall be maintained in accordance with good conservation practices. ft. minimum area, 75 ft. minimum frontage. 10.3.5.2. (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. The SPAA may vary or waive this requirement consistent with minimizing negative effects on abutting property. Decorative Fences may be located in any yard or setback area. Green Activities means planting, trimming, harvesting, additions, subtractions or other changes of, in or to the trees, shrubs, grass, plants, vegetation or other non-nuisance agricultural, horticultural, floricultural or silvicultural products. Resource Overlay Protection Districts: In determining the location of properties and facilities within the Ground and Surface Water Resource Overlay Protection District, the following rules shall apply: (a) Properties located wholly within one zone reflected on the Ground and Surface Water Resource Overlay Protection District Maps shall be governed by the restrictions applicable to that zone. Upon request, the permit holder shall provide evidence to the Building Inspector demonstrating continued use of the WECF or Met Tower. 4.1.9.2 The garaging or maintaining on any lot of not more than 1 commercial vehicle. To establish the Towns legal authority to ensure compliance with the provisions of this By-law through inspection, monitoring, and enforcement. 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. Ownership Options: At the developers option and subject to approval by the. 4.1.2 Non-nuisance agricultural, horticultural and floricultural uses, except those requiring a special permit pursuant to Section 4.1.10(1). (b) Post-testing. Bagged in PAPER bags (Large yard waste paper bags are available from BJs, Giant, Home Depot, Lowes, Safeway, Target, Walmart, and other local stores. The Planning Board may rely upon findings and recommendations of the Board of Health and the Conservation Commission. 11.1 Large-Scale Ground-Mounted Solar Photovoltaic Installations, iii. 5. less than 50 feet of frontage and provided further that such frontage reduction shall apply only to lots fronting on proposed internal roadways. 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. The third step is to identify the contiguous open space to be preserved on the site. Applicants for a special permit under this section shall file with the Zoning Board of Appeals thirteen (13) copies of written and graphic materials sufficient to describe the building appearance and position on the lot after construction, as well as location(s) for vehicular parking. The construction of fencing that will not substantially alter existing terrain or drainage patterns; 4. Expenses incurred by the Planning Board in connection with an application under this Section 6.16, including the reasonable fees and expenses of any consultants retained by the Planning Board, shall be paid by the applicant for such Special Permit. 20-23 and ongoing programs within the Town to promote a reasonable percentage of housing that is affordable to moderate income buyers. In the current Zoning Bylaw, the same information is found within paragraphs of text and is not consistent in order or language. Property should be properly surveyed to ensure that the fence is not erected on a neighbors property. Topographic change will be referred to as site clearing with a clearer purpose statement but the regulations remain the same. Open burning is prohibited within the Town of Manchester. Under the American Rescue Plan Act of 2021, Connecticut has been Trees in soil plots shall be so located as to provide visual relief and sun and wind interruption within the parking area and to assure safe patterns of internal circulation. 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. Open space shall be arranged to protect valuable natural and cultural environments such as stream valleys, wetland buffers, unfragmented forestland and significant trees, wildlife habitat, open fields, scenic views, trails, and archeological sites and to avoid development in hazardous areas such as floodplains and steep slopes. The Flood Plain District includes all special flood hazard areas within the Town of Manchester-by-the-Sea designated as Zone A, AE, AH, AO, or VE on the Essex County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. 11.2.7.2 The applicant shall provide to the Planning Board and the Building Inspector addresses, telephone numbers and any other necessary contact information for the special permit holder, each property owner, and each WECF owner. These waters have exceptional sociologic, recreational, ecological and/or aesthetic values and are subject to more stringent requirements under both the Massachusetts Water Quality Standards (314 CMR 4.00) and the Massachusetts Stormwater Management Standards. 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. Approval of the Stormwater Management Special Permit Application based upon determination that the proposed plan meets the Standards in Section 6.15.7 and Section 7.5 of this By-law and will adequately protect the water resources of the Town and is in compliance with the requirements set forth in this Section 6.15; 2. No LGSPI shall be constructed until evidence has been given to the SPAA that the utility company that operates the electrical grid where the installation is to be located has been informed of the LGSPI owners or operators intent to install an interconnected customer-owned generator. review documentation concerning sources and amounts of household income, and certify to the Town that all purchasers or renters approved for an affordable unit meet LIP income eligibility requirements. 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. (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. Any land lying within the Flood Control District shall be subject to the development and use regulations of the underlying district in which such land is situated but only to the extent not inconsistent with the regulations for the Flood Control District. Within 45 days of their receipt of the application/plans, these agencies shall submit any recommendations to the Planning Board. Notice shall be provided of hearings in accordance with Chapter 40A, sec. The Building Inspector shall forward one copy to the Planning Board for their review and shall not approve any application subject to this section without receipt of written plan approval from the Planning Board, unless thirty (30) days elapse from the date of transmittal of plans to the Planning Board without receipt of such review from the Planning Board. c.94G and regulations promulgated and/or incorporated thereunder, and otherwise by their plain language. Any existing facility with such a drainage system shall be required to either seal the floor drain (in accordance with the state plumbing code, 248 CMR 2.00), connect the drain to a municipal sewer system (with all appropriate permits and pre-treatment), or connect the drain to a holding tank meeting the requirements of all appropriate DEP regulations and policies. Understanding the Site. The Board of Appeals shall elect one of its members as chairman and one of its members as clerk, each to serve for a one year term. 3. Provisions shall be made by agreement, duly executed in form, suitable for recording that such open land shall be: (a) Owned and maintained either by a trust or association, or in common by the owners of the lots. Resale price Sales beyond the initial sale to a qualified affordable income. Plans shall be approved provided that the Planning Board determines that, subject to any conditions that may be imposed, the requirements of Section 6.2 will be satisfied, and that no other conflicts between the proposal and the Zoning By-Laws have been observed. Use Zoneomics, to search for real estate records and find the precise property data you need. Box 482 Manchester, Vermont 05254 Meetings. Signs shall also be subject to the applicable provisions of the General By-Laws of the Town of Manchester-by-the-Sea. The two associate members shall be appointed such that their terms do not expire the same year. Applicants should refer to the Subdivision Rules and Regulations for provisions regarding preparation and submittal of plans. Where a proposed development abuts land held for conservation purposes, the, development shall be configured to minimize adverse impacts to abutting. Fences must be a minimum of 10 feet from the sidewalk, if no sidewalk then a minimum of 10 feet from the road surface. For more than two years, the Planning Board has been working to update the Zoning Bylaw in order to improve its ease of use and to make bylaw current. e) Grade changes or cuts and fills, to be shown as original grade and new grade line, with two (2) foot contours AMSL. Wherever feasible, construction of the dwelling at the front setback line is encouraged. (a) Containment of Regulated Substances: Leak-proof trays under containers, floor curbing, or other contaminant systems to provide secondary liquid containment shall be installed. Application. Such changes include: change from distributed runoff to confined, discrete discharge; change in the volume of runoff from the area; change in the peak rate of runoff from the area; and change in the recharge to groundwater on the area. Loading Do Not Show Again Close. 6. The following shall apply to all premises in all districts: Off-street parking must be provided to service the net increase in parking demand created by new construction, additions or change of use. Weekly Yard Waste pick up is also Wednesday. 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. Should you observe stray animals, please report to the County Animal Control Office @ 410-848-4810. (e) Storage of commercial fertilizers, as defined in M.G.L. 6.9.7.2 By a covenant executed and duly recorded by the owner of record, running with the land, whereby said construction will be completed before such buildings or appurtenances thereto may be eligible for an occupancy permit as required by Section 7.3 of the Manchester-by-the-Sea Zoning By-Laws. This Bylaw creates an allowed use by Special Permit of the Planning Board for Personal Wireless Telecommunication Service Facilities. 4. 4.3.11.2 No living quarters shall be located so that the floor elevation is more, than 36 inches below the finished exterior grade. be prohibited without receipt of a special permit from the SPGA. Special Permit Granting Authority (SPGA) pursuant to this By-Law shall be the Planning Board. The Planning Board shall require adequate legal safeguards and covenants that such facilities shall be adequately maintained by the lot owners within the development. 6.4.1 No flashing or animated signs shall be permitted in any district. Such testing and monitoring shall take place annually. 7.5.4 Failure of the special permit granting authority to act within 90 days following the public hearing shall be deemed to be the grant of the special permit applied for and the applicant shall be entitled to whatever documents are necessary to evidence such permit. This By-Law is adopted under authority granted by the Home Rule Amendment of the Massachusetts Constitution, the Home Rule statutes and pursuant to the regulations of the federal Clean Water Act found at 40 CFR 122.34. Section 8.1 Personal Wireless Telecommunication Service Facilities. Advertising and other signs shall be permitted only as expressly provided in Sections 4.1.7, 4.1.8 and this Section 6.4. 2. Please place at curb same day as regular trash pick up (Wednesday). Excluded from notification prior to alteration or modification are changes in types of Regulated Substances used in a laboratory or laboratories designated as such in the currently valid permit which do not exceed the non-aggregate limits and which are within the Generic Substances listed in said permit based upon the Generic List attached hereto and incorporated herein as Exhibit A. All Right Reserved 2014 Total IT Software Solutions Pvt. Transferability of a Special Permit. 1. 9. All changes will need to be approved at Town Meeting on April 25, 2022 (LCD changes only) and Fall Special Town Meeting before they are effective. 5. Normal maintenance and improvement of land in agricultural use as defined by the Wetlands Protection Act regulation 310 CMR 10.04; 2. [Added 1987], 7.5.1 Certain uses are designated in this By-Law as requiring a special permit. How land clearing and construction shall be performed in accordance with Sections 5.10 and 6.15 of the Zoning By-Law governing storm water discharge, land disturbance, provision for handling toxic or hazardous materials, and post-construction storm water runoff; (b) Documentation of actual or prospective access and control of the project site (see also Section 11.1.3.4); (c)An operation and maintenance plan (see also Section 11.1.3.4.1); (d) Zoning district designation for the parcel(s) of land comprising the project site (submission of a copy of a zoning map with the parcel(s) identified is suitable for this purpose); (e) Proof of liability insurance written by companies licensed to provide such insurance in Massachusetts and with coverage limits at commercially acceptable levels; (f) Description of financial surety that satisfies Section 11.1.3.10.2. Yard waste may be placed at curb in any of the following ways: Loose within a container weighing no more than 50 lbs. 8.3.5 General Requirements and Conditions. If the security barrier will block views of the WECF, the barrier drawing shall be cut away to show the view behind the barrier. The value of donated land shall be equal to or greater than the value of the construction or set-aside of the affordable units. The Town of Manchester weekly trash pick up is Wednesday. (e) The construction and occupancy of the accessory dwelling unit will not be detrimental to the neighborhood or injurious to persons or property. The amount shall include a mechanism for calculating increased removal costs due to inflation. There are also several items to consider when erecting a fence: No owner of a dog, whether licensed or unlicensed, shall permit such dog to run at large off the premises of the owner except when it is under the control of the owner or the authorized agent of the owner by leash, cord, or chain. Distributed Generation: Energy Generation that is located at or near the end-user 10.04 ;.... Single-Family and two-family and residential structures clearing with a clearer purpose statement but the Regulations remain the same an use. Be appointed such that their terms do not expire the same year Zoning District in which the project is.! Maintained by the impacts to abutting shall cause the project in drawings, and surface water site to be on... Fence is not consistent in order or language County Animal Control Office @ 410-848-4810 recommendations to the applicable provisions the! 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