ZONING BY-LAWS Town of WAREHAM Massachusetts Revised October , 2018 This page intentionally left blank 1 Town of WAREHAM Massachusetts TABLE OF CONTENTS Article 1: General Provisions 5 110 Title 5 120 Authority 5 130 Purpose 5 140 Applicability 5 150 Severability 5 Article 2: Zoning Districts 6 210 Classification of Districts 6 220 Zoning Map 7 230 Lots in Two Districts 8 Article 3: Use Regulations 9 310 Use Regulations 9 320 Table of Principal Use Regulations 9 330 Table of Accessory Use Regulations 13 340 Use Definitions 14 350 Multiple Principal Uses and Structures 20 360 Applicable Uses 20 370 Uses Prohibited in All Districts 20 380 Special Conditions Applicable to Uses in Certain Districts 21 390 Marijuana Facilities 22 Article 4: Overlay Districts 23 410 Overlay Districts Generally 23 420 Flood Plain District 23 430 Buttermilk Bay Overlay District 25 440 Groundwater Protection Overlay District 25 450 Business Development Overlay District 28 460 Tremont Nail Factory Redevelopment Overlay District 30 Article 5: Supplemental Regulations 32 510 Home Occupations 32 520 Temporary Habitation 32 530 Ungaraged Motor Vehicle 32 540 Wireless Communications Facilities 32 550 Adult Use Regulations 34 560 Earth Removal Activities 36 570 Transfer of Development Rights (TDR) 36 2 580 Special Permit for large tracts in the Conference Recreational District 41 590 Solar Energy Generation Facilities 45 Article 6: Density and Dimensional Regulations 50 610 General Requirements 50 620 Table of Dimensional Regulations 50 Article 7: Design Standards and Guidelines 58 710 General Requirement 58 720 Onset Village Districts 58 730 Wareham Village Districts 59 740 Conference Recreational District 60 750 Industrial District 60 760 Design Standards & Guidelines for Commercial Districts 62 Article 8: Alternative Residential Site Development 66 810 Residential Cluster Development 66 820 Multiple Family and Apartment Dwellings 69 Article 9: Parking 72 910 Administration 72 920 Number of Parking Spaces Required 72 930 Design 73 940 Joint Use of Required Parking Spaces 74 950 Off-Site Parking 74 960 Special Provisions for Change in Use of Existing Buildings 74 970 Standing and Loading 75 Article 10: Landscaping 76 1010 Purpose 76 1020 Applicability 76 1030 Plan Submittal Requirements 76 1040 Landscaped Buffers 76 1050 Landscape Standards and Specifications 77 1060 Parking Lots 79 1070 Maintenance of Landscaping Buffers 80 Article 11: Signs 81 1110 Sign Regulations 81 1120 Fees 87 1130 Marquee Signs 90 1140 Maintenance 93 Article 12: Performance Standards 94 1210 Performance Standards 94 Article 13: Zoning Protection 104 3 1310 Applicability 104 1320 Restoration of Damaged or Destroyed Structures 104 1330 Restoration of Unsafe Structures 104 1340 Non-Conforming Structures 104 1350 Alteration or Extension of Other Structures 105 1360 Non-Conforming Uses 106 1370 Non-Conforming Lots 106 1380 De Minimis 106 Article 14: Administration 108 1410 Permit and Special Permit Granting Authority 108 1420 Board of Appeals 108 1430 Enforcement 108 1440 Violations and Prosecution of Violations 108 1450 Application and Validity 109 1460 Special Permits 109 1470 Use Variances 110 1480 Project Review Fees 110 1490 Site Preparation Work 110 Article 15: Site Plan Review 111 1510 Purpose 111 1520 Applicability 111 1530 Information Required 111 1540 Evaluation Standards 113 1550 Relations to Subdivision Plan 115 1560 Procedures 115 1570 Expenses Incurred 119 1580 Other Regulations 120 1590 Decision 120 Article 16: Definitions 121 Appendix 1: Boundaries of Districts 134 Appendix 2: Zoning By-Law History 145 4 ZONING OR PROTECTIVE BY-LAWS TOWN OF WAREHAM MASSACHUSETTS ARTICLE 1: General Provisions 110 TITLE This By-Law shall be known and may be cited as the “Zoning By-Law of the Town of Wareham, Massachusetts”: hereinafter referred to as the “By-Law”. 120 AUTHORITY This By-Law is adopted pursuant to Authority granted by Chapter 40A of the General Laws of the Commonwealth of Massachusetts (MGL) and amendments thereto, herein called the “Zoning Act.” 130 PURPOSE This By-Law is enacted for the following purposes: 1. To lessen congestion in the streets; to conserve health; 2. To secure safety from fire, flood, panic and other dangers; 3. To provide adequate light and air; 4. To prevent overcrowding of land; 5. To avoid undue concentration of population; 6. To encourage housing for persons of all income levels; 7. To facilitate the adequate provision of transportation, water, water supply, drainage, sewerage, schools, parks, open space and other public requirements; 8. To conserve the value of land and buildings, including the conservation of natural resources and the prevention of blight and pollution of the environment; 9. To encourage the most appropriate use of land throughout the Town, including consideration of the recommendations of the comprehensive plans of the Planning Board and the Regional Planning Agency; and, 10. To preserve and increase amenities by the promulgation of regulations to fulfill said objectives. 140 APPLICABILITY 141 OTHER LAWS This By-Law shall not interfere with or annul any By-Laws, rules or regulations, or permit, except that, where this By-Law imposes a greater restriction upon the use of buildings, structures, or premises than is imposed by existing provisions of law or by-Laws, this By-Law shall control. 142 CONFORMANCE Construction or operations under a building permit or Special Permit shall conform to any subsequent amendment of this By-Law unless the use or construction is commenced within a period of six (6) months after the issuance of the permit, and in any case involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable. 150 SERVERABILITY The invalidity of any section or provision of this By-Law shall not invalidate any other section or provision thereof. 5 ARTICLE 2: Zoning Districts 210 CLASSIFICATION OF DISTRICTS 211 USE DISTRICTS The Town of Wareham is divided into zoning districts, as specified hereinafter. 211.1 Residential Districts The Residential districts permit residential uses at densities that are appropriate based on environmental considerations, availability of public infrastructure, and accessibility. 1. Residence 130 (R-130): The R-130 district is intended to preserve and protect groundwater and surface water resources and to promote agricultural uses. Residential development is permitted with standards and densities that are consistent with these objectives. 2. Residence 60 (R-60): The R-60 district is intended to permit residential development at low densities in areas not served by public water or sewer systems. 3. Residence 43 (R-43): The R-43 district is intended to promote residential development at moderate densities in areas served by public water and sewer. 4. Residence 30 (R-30): The R-30 district is intended to promote residential development at moderate densities in areas served by public water and sewer. 5. Multiple Residence 30 (MR-30): The MR-30 district is intended to promote residential development at moderate to high densities. 211.2 Village Districts The Village Districts are intended to promote compact, mixed-use development that preserves Wareham's historic character and promotes small-scale business uses. 1. Wareham Village 1 (WV1):The WV1 district is intended to promote business and residential development in Wareham Village that provides a stable economic base, protects the Village's historic buildings, fosters re-use of existing buildings, and promotes visual connections to the waterfront. 2. Wareham Village 2 (WV2): The WV2 district is intended to promote moderate density residential development and compatible business uses outside the center of Wareham Village 3. Onset Village 1 (OV1): The OV1 district is intended to promote business development in the center of Onset Village that maintains a pedestrian scale, strengthens the distinctiveness of the village, and promotes visual connections to the waterfront 4. Onset Village 2 (OV2): OV2 district is intended to promote moderate density residential development and compatible business uses outside the center of Onset Village. 211.3 Commercial Districts The Commercial Districts are intended to provide for retail, service, and office uses at a larger scale than is appropriate for village centers. Development in Commercial Districts is served primarily by vehicular access. 1. Strip Commercial (CS): The CS district is intended to promote large-scale retail and service development in defined areas along Cranberry Highway. 2. General Commercial (CG): The CG district is intended to provide for moderate-scale retail, service, office and related commercial uses. 3. Neighborhood Commercial (CN): The CN district is intended to promote small-scale, low-intensity neighborhood commercial uses, which serve and are in proximity to residential neighborhoods. 4. Planned Commercial (CP): The Planned Commercial District is intended to provide for large-scale retail/commercial development on large sites along major public roadways, which are also adjacent to or near to major highway intersections and served primarily by vehicular access. Such retail is meant to serve regional or sub-regional populations. Multi-family housing and apartments in mixed-use buildings may also be allowed. This district is to be master planned and comprised of lots of large depth and dimension, retail development within such district should encourage a pedestrian environment and include internal and streets with sidewalks,