manchester zoning regulations

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 Right of first refusal to purchase The purchaser of an affordable housing unit. 6.7.2.10 All studies, plans, design criteria with regard to all engineering aspects of a plan submitted under the Section shall conform to the Subdivision Rules and Regulations of the Town of Manchester-by-the-Sea. Special Permits under this Section 6.16 shall be granted only if the Planning Board finds that it is consistent with the purpose and intent outlined in Section 6.16.1 of this By-Law and in conformance with this Section 6.16 generally and Section 7.5 of the Manchester-by-the-Sea Zoning By-Law and the requirements of MGL Chapter 40A, Section 9. In-ground pools will not count toward total square footage of accessory buildings or structures. Any alteration of, lot lines or layout of ways shall require approval of the Planning Board and shall, be in compliance with the requirements of the RCC Development Bylaw and the, (c) Time Limit: A special permit is granted for a period of two years from the date, of its approval and shall lapse if substantial use or construction has not. The Planning Board shall cause the system to be inspected by its representative to confirm its "as-built" features. How land clearing and construction shall be performed in accordance with, Documentation of actual or prospective access and control of the project site, (d) Zoning district designation for the parcel(s) of land comprising the project, (e) Proof of liability insurance written by companies licensed to provide such, (f) Description of financial surety that satisfies Section 11.1.3.10.2. Grubbing: The act of clearing land surface by digging up roots and stumps. The degree to which stormwater runoff and erosion will not be minimized by a RCC. 3. Wind Energy Conversion Facility (WECF): All equipment, machinery and structures utilized in connection with the conversion of wind to electricity. The applicant for a Stormwater Management Special Permit shall deliver a copy of the application package, within three (3) business days of filing the application with the Planning Board, to each of the Board of Health, Conservation Commission and Department of Public Works, and shall file a certificate of such delivery with the Planning Board. 10.1.3.2 Erection or construction of new buildings and enlargement or moving of existing structures. The cost of such maintenance by the Town shall be assessed against the properties within the development and/or to the owner of the open space. The Zoning Enforcement 8. and with the additional requirements containedin this Section (6.19.6), below. A team including a Registered Civil Engineer, Registered Land Surveyor, and a Registered Landscape Architect shall prepare the plan. [Revised 2012]. 410-374-6467.See calendar of events for brush pick up dates. Such Ledge is an exposed ledge if its uncovered surface area is fifty (50) or more square feet. permanent open space. To require practices to control the flow of stormwater from new and redeveloped sites into the Town storm drainage system in order to prevent flooding and erosion; 2. Furthermore, no common driveway shall be accepted as a public road; nor shall the Town under any circumstances be held liable for construction, reconstruction, maintenance, or snow removal on any common driveway, unless by contract duly entered into by the Town and all landowners served by the common driveway. The degree to which the RCC Development will result in inappropriate site planning. The project proponent shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. 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. Branches, tree limbs must be contained in some manner. Restoration of a nonconforming structure which has been damaged by fire, flood or other casualty or by vandalism may be made without conformance to the provisions of this By-Law or amendment hereto, provided that such restoration shall have commenced within six months of the date the damage was sustained and that such restoration continue through to completion as continuously and expeditiously as is reasonable, and provided that the structure as restored shall not exceed 100% of the floor area of the structure immediately prior to the damage unless the Board of Appeals grants a special permit therefor in accordance with Section 7.5 (Special Permits) after finding that such restoration is not substantially more detrimental or injurious to the neighborhood than the structure immediately prior to such damage. 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. Planning / Zoning. 10.3.3 Ground and Surface Water Resource Overlay Protection District Maps: The maps delineating the Ground and Surface Water Resource Overlay Protection District, dated April, 1990, prepared by Horsley Witten Hegemann, Inc., Scale: 1 inch = 3,000 feet, and the maps entitled Water Resource Protection District, Town of Manchester, Scale: 1 inch = 800 feet, dated 1987, prepared by Whitman and Howard, are incorporated herein and made a part of this By-Law and collectively shall be referred to as the Ground and Surface Water Resource Overlay Protection District Maps. These Maps shall be on file and maintained by the Town Clerk's office. Any request for a renewal of a Special Permitshall be subject to publication notice requirements as required for an originalapplication for a Special Permit. The revised RCC offers continues to allow for clustered housing with no increase in density. Maintenance of Open Space: In any case where open space is not conveyed to the Town, the Town shall be granted an easement over such land sufficient to ensure its perpetual maintenance as conservation or recreation land. A. An individual or family with household incomes that do not exceed 80% of the median income, with adjustments for household size, as reported by the most recent information from the United States Department of Housing and Urban Development (HUD) and/or the Massachusetts Department of Housing and Community Development (DHCD). Where the requirements of this section differ from or conflict with the requirements found elsewhere in this Bylaw, the requirements of this section shall prevail. View more property details, sales history and Zestimate data on Zillow. 1. It has also been designated the Inland Wetlands Agency and the Aquifer Protection Agency. 10.1.1 The Flood Control District shall overlay other districts in this By-Law. 4. To take advantage of the bulk trash pickup service you must call Hughes Trash Removal between the first of the month and the day before pickup. The PZC hears and acts on changes to the zoning map Said announcement shall also be sent to all parties receiving notification of the Special Permit application at the applicant's expense. Therefore, and in reliance on the Town's authority under M.G.L. [Added 1987; Amended 1989]. 15 I . [amended 2005]. If several uses are proposed, the plans shall specify what uses will occur in what areas. A. The SPAA. (4) Disturb more than 10% of the Setback Area. 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. 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. The Board of Appeals may impose such conditions, safeguards and limitations, both of time and of use, as it deems appropriate upon the grant of any variance, but excluding any condition, safeguards or limitation based upon the continued ownership of the land or structures to which the variance pertains by the applicant, petitioner or any owner. Marijuana Business means a Medical Marijuana Treatment Center, Marijuana Establishment, or any combination or part thereof. 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. Any accessory use in an accessory building when completely screened from the abutting streets or lots; 4.4.7 By special permit from the Planning Board, Medical Marijuana Treatment Centers, as defined by Section 8.3.3 of the Zoning By-Law. 10.3.6.5 Design and Operating Guidelines: As a condition(s) of granting a special permit, the SPGA may require adherence to any, or all of the following design and operation guidelines, where in its opinion, such adherence would further the purpose and intent of this By-Law. Our new online application system is now available: https://selfserve.townofmanchester.org/EnerGov_Prod/SelfService. c.40A s.9 and Section 7.5 of the Zoning By-Law. In addition to the Bylaw Recodification and Update, the Planning Board is also considering some more substantive changes to the Zoning Bylaw that the Board will vet through other thorough community review processes. Prior to the submission of an application for a special permit under this By-Law, the applicant is strongly encouraged to meet with the Planning Board at a public meeting to discuss the proposed WECF in general terms and to clarify the filing requirements. If you have questions about using the new system, or if you are not sure what to apply for, please contact Megan Pilla, Principal Development Planner (860-647-3288), or Katie Williford, Administrative Secretary (860-647-3048). Please bring a plot plan of your proposed project to the Town Office for approval. The O&M Plan shall include: 1. Property Maintenance Regulations. Septic Activities means construction, maintenance or other changes in a septic system authorized (with specific reference to any ledge removal permitted) after a public hearing by the Board of Health. 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. This By-Law also pertains to physical modifications that materially alter the type, configuration, or size of these installations or related equipment. 6.16 Topographical Changes and Land Clearing Special Permit [Residential Districts] [Added 2007], It is intended to encourage the conservation of open space, and the general, topographical layout of the land, promote less land clearing, grading and excavation. Schedule of fees in lieu of payments. 12. Special Permit Granting Authority (SPGA) pursuant to this By-Law shall be the Planning Board. Surety will not be required for municipal or state-owned facilities. Loading. required by the Planning Board to be left in a natural state. 1. 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. [Added 1987], 7.5.1 Certain uses are designated in this By-Law as requiring a special permit. Blueprints or drawings of the solar photovoltaic installation signed by a, iv. b. The monthly meetings are open to the public and agendas and minutes are posted online. In the event that a decision is not filed with the Town Clerk within seventy-five (75) days of the filing date, the application shall be deemed to be approved. LCD Approved Article for Annual Town Meeting, Revised-Zoning-Change-Warrant-Article-for-LCD, Citizens Housing and Planning Association (CHAPA) Summary of Zoning Changes, KP Law Presentation to PB on Housing Zoning Changes, Itemized Changes shared by Attorney Bobrowski. The Board of Appeals shall be governed by the procedural requirements of The Zoning Act and other applicable provisions of the General Laws. 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 conversion of a structure existing on the lot as of May 6, 1991, that does not involve any increase in the size, height or volume of the structure, including the construction of exterior stairways, porches, patios or decks, shall not require a special permit. The project proponent shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. 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. Any Personal Wireless Telecommunication Service Facility which does not comply with all applicable federal, state, and local regulations shall be removed upon failure to bring the facility into compliance within thirty (30) days from receipt of written notice. (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. (d) Special permits, in accordance with the provisions of this By-Law, Section 7.5 of the Manchester-by-the-Sea Zoning By-Law and M.G.L. Regulations Business Center Area Profile Inspections, Permits and Apps Ordinances and Regulations Sustainability Manchester Contact Us Departments Airport Departmental A landscape plan including existing trees and shrubs and those proposed to be added or removed, identified by size of specimen at installation and species. 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. Any such Board or Agency to which applications are referred for comment shall make its recommendations and send copies thereof to the Special Permit Granting Authority and the applicant within thirty-five (35) days of receipt of the referral request by said board or agency or there shall be deemed no opposition or desire to comment. 9.1.2.2 After notice and public hearing the Board of Appeals may grant such a permit provided that: (a) Except in Single Residence District E, the lot size shall be two (2) times the minimum lot size as determined by the zoning regulations. The MyHomeCT Program offers help to eligible Connecticut homeowners by paying mortgage and/or other qualified housing expenses. 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. Restrictions shall provide for periodic inspection of the open space by the Town. 5.10.2.1 Toxic or Hazardous Materials: Any substance or mixture of such physical, chemical or infectious characteristics as to pose a significant, actual or potential hazard to water supplies, or other hazard to human health, if such substance or mixture were discharged to land or waters of this town. Fractions of a lot or dwelling unit shall be rounded up to the nearest whole number, such that a development proposing six (6) dwelling units shall require one affordable unit, a development proposing eleven (11) dwelling units shall require two affordable units and so on. An LGSPI shall be set back from property lines consistent with the applicable regulations for the Limited Commercial District, with the exception of necessary connection equipment to utility transmission facilities. To establish the Towns legal authority to ensure compliance with the provisions of this By-law through inspection, monitoring, and enforcement. The Planning Board shall determine the minimum lot dimensions and set backs appropriate to the use proposed. SIC Codes are established by the U.S. Office of Management and Budget and may be determined by referring to the publication, Standard Industrial Classification Manual, and any subsequent amendments thereto. 6.7.8 Relation to Subdivision Control Act: A Special Permit issued hereunder by the Planning Board shall not be a substitute for compliance with the Planning Board's Rules and Regulations or the Subdivision Control Act. NO ACCESSORY BUILDING OR STRUCTURE IN A RESIDENTIAL DISTRICT SHALL CONTAIN FULL BATHROOM FACILITES. 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. Failure to make a decision within 100 days shall be deemed to be a grant of the appeal or variance. 1. The Special Permit Granting Authority (SPGA) under section 6.9 of this By-law shall be the Planning Board. The following requirements and conditions shall apply to all MarijuanaBusinesses: A Marijuana Business shall be allowed only by Special Permitin accordance with G.L. Sales history and Zestimate data on Zillow are proposed, the plans shall specify uses. 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