3. 10.3.7.6 Exemption for Construction Activities: The activities of, constructing, repairing or maintaining any facility or improvement on, lands within Zones I, II, III, or A, B, or C, shall be exempt from the. The Planning Board is the SPGA. Such a use will be permitted only if the following conditions, in addition to the requirements specified in Sections 6.9 and 7.5 of the Zoning By-Law are met: (a) The applicant shall prove to the satisfaction of the Planning Board, based in part on the advice of the Conservation Commission, the Board of Health, and the Department of Public Works, that such use and facilities will not adversely affect the environment or public health. The Zoning Ordinance is designed and adopted for the following purposes: To protect and promote the public safety, convenience, comfort, aesthetics, prosperity, health, and general welfare of the inhabitants of the City of Manchester, New Hampshire; Except for shed dormers, individual dormers are not considered to be an increase in volume. 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. At least half of the required open space may be. 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. Home / Ordinances/Zoning & Planning. 9/26/2006. 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. Zoning Board is the SPGA. A Special Permit may be renewed for successive two (2) year periods provided that a written request for renewal is made to the SpecialPermit Granting Authority not less than three (3) months prior to the expiration of the then-existing term. One or three line electrical diagram detailing the solar photovoltaic, vii. The bond shall be in an amount deemed sufficient by the Planning Board to ensure that the work will be completed in accordance with the permit. Redevelopment: Development, rehabilitation, expansion, demolition or phased projects that disturb the ground surface or increase the impervious area on previously developed sites. Applicants shall be required to obtain a special permit from the Planning Board to use any lot or seaway for helicopter landing, storage or parking within the Town of Manchester-by-the-Sea. View on Map, Agenda, Actions and Minutes (1995-present), Join C.E.R.T. c) Documentation of the legal right to install and use the proposed WECF and proof of control over the site and required setback area. If erected on a corner lot, fences must meet certain height and distance requirements. 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. 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. d) Upon adoption of this bylaw by town meeting, the Planning Board shall prepare and adopt an Inclusionary Housing Submission Requirements and Procedures Manual after holding a public hearing on the same. The Coffee County Codes Department is dedicated to public safety in the built environment countywide through development and promotion of uniform codes and standards, enhancement of professionalism in code administration, and facilitation of acceptance of innovative building products and systems. To establish the Towns legal authority to ensure compliance with the provisions of this By-law through inspection, monitoring, and enforcement. 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 penalty for violation shall be $50 for the initial offense and $100 for each repeat offense. (f) The accessory dwelling unit is accessory to the principal residence. The SPAA may require additional information, data or evidence as it deems necessary pursuant to the site plan approval process, or may waive documentary requirements as it deems appropriate. The applicant shall submit material as may be required regarding measures proposed to prevent pollution of surface or ground water, soil erosion, increased runoff, changes in groundwater level, and flooding. (q) Commercial outdoor washing of vehicles. If special circumstances arise please contact the Manchester Police Department 410-239-6900 or the Town of Manchester Office with your request. This can include a reinstatement, up to 12 months of forward payments, or a combination of both. Any rights authorized by a variance which are not exercised within one year from the date of grant of such variance shall lapse and may be reestablished only after notice and a new hearing pursuant to this Section. Sustainable Design and Low Impact Development Guidelines - Adopted June 15, 2020 (PDF, 2MB) Downtown Manchester Architectural Design Guidelines (Revised June 2019) (PDF, Critical areas are Outstanding Resource Waters (ORWs), swimming beaches, cold water fisheries and recharge areas for public water supplies. FT.) WIDTH SETBACK SETBACK SETBACK, District A 22,500 150 ft. 125 ft. 30 ft. 20 ft. 40 ft. District B 15,000 75 ft 60 ft. 20 ft. 15 ft. 20 ft. District C 45,000 150 ft. 125 ft. 30 ft. 20 ft. 40 ft. Res. Person: An individual, partnership, association, firm, company, trust, corporation, agency, authority, department or political subdivision of the Commonwealth or the federal government, to the extent permitted by law, and any officer, employee, or agent of such person. The purpose of the Zoning Code is to regulate and control the zoning and the use of Such organization shall be acceptable to the Town as a bona fide conservation organization; or. A detached building designed or arranged to accommodate one or more dwelling units and separated by side yards from any other structure except accessory buildings. Disturbance of land: Any action that causes a change in the position, location, or arrangement of soil, sand, rock, gravel or similar earth materials. 3911. Wherever feasible, construction of the dwelling at the front setback line is encouraged. 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. c. 40A, 5. This 50-foot setback shall be maintained in a naturally vegetated state. If the Planning Board determines that said construction or site alteration has not been completed, it shall specify in a notice sent by registered mail to the applicant and to the Town Clerk, the details wherein said construction or site alteration fails to comply with the special permit and upon failure to do so within forty-five (45) days after the receipt by said Town Clerk of said request by the applicant, all obligations under the bond shall cease and terminate by operation of law, any deposit shall be returned, and such other covenant shall become void. Any modifications to a WECF made after issuance of the Special Permit shall require approval by the Planning Board pursuant to the Zoning By-Law and G.L. 410-374-6467.See calendar of events for brush pick up dates. The Property data comprises Zoning information by aggregating: Municipal zoning mapping Failure to comply with this section shall be good grounds for denying the application. The invalidity of one or more sections, subsections, sentences, clauses or provisions of this By-Law shall not invalidate or impair the By-Law as a whole or any other part hereof. However, nothing herein shall prevent a temporary helicopter landing area for emergency purposes, such as air ambulance, search and rescue, fire fighting and similar public safety operations. Any additions made shall not increase the floor area or volume by more than 10% and shall meet all applicable setback requirements. The standards below must be met without counting any existing parking necessary for existing activities to meet these requirements. 9. The person(s) responsible for financing maintenance and emergency repairs; c. A Maintenance Schedule for all drainage structures, including swales and ponds; d. A list of easements with the purpose and location of each; and. For each affordable unit not constructed or provided through one or a combination of the methods specified in 9.4.5 (a) through (c), the fee shall be an amount equal to the. The applicant shall be advised of the selection of an outside consultant, and of the sum to be deposited with the Town in a special account for the reasonable fees for the employment of the same. 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). 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. ORWs include vernal pools certified by the Natural Heritage Program of the Massachusetts Department of Fisheries and Wildlife and Environmental Law Enforcement, all Class A designated public water supplies with their bordering vegetated wetlands, and other waters specifically designated. The applicant shall provide funds to the Planning Board to pay for the technical review by the Planning Board's choice of consultant(s) of said hydrogeologic and hydrologic information and the Planning Board shall base its decision, in part, on the report by said consultant(s). [Amended 1987]. A nonconforming use or structure not used for a period of 2 years shall be deemed abandoned and shall not again be revived or such structure used except in conformity with all applicable provisions of this By-Law or any amendment hereto. 11. The project, (g)Public outreach plan, including a project development timeline, which, (a)Those necessary to identify the owner, provide a 24-hour emergency contact, (b)Educational signs providing information about the LGSPI and the benefits of. Lots and streets have been located to avoid or minimize adverse impacts on open space areas and to provide lots with views of and access to the open space. a. The Planning Board shall determine the minimum lot dimensions and set backs appropriate to the use proposed. The term "building" shall be construed where applicable as if followed by the words "or portion thereof". The floor area of the accessory dwelling unit will not exceed 35% of the floor area of the principal dwelling and the accessory dwelling unit combined. 2. It is intended that the affordable housing units that result from this Bylaw be considered as Local Initiative Program (LIP) dwelling units in compliance with the requirements for the same as specified by the Department of Community Affairs, Division of Housing and Community Development and that said units count toward the Towns requirements under G. L. c. 40B sec. Development along existing scenic roads and creation of new driveway openings on existing regional roadways shall be minimized. [Revised 2012], (c) All development and/or uses within the Flood Plain District shall comply with all applicable local laws and regulations. 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. At least five (5%) percent of the interior of any parking lot having twenty (20) or more spaces shall be maintained with landscaping, including trees, in plots of at least four (4') feet in width. (d) In considering the Special Permit application, the Planning Board shall apply relevant design and operating guidelines noted in Section 4.9.6.5 of the Zoning Bylaw, including subsection (f) regarding alterations and expansion. Impervious surface includes (without limitation) roads, paved parking lots, sidewalks, and rooftops. 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. Evaluating Site Context. No new stormwater conveyances (e.g. Distributed Generation: Energy generation that is located at or near the end-user. Submission of photographs depicting existing conditions, views and vistas from various locations on the property and from public and private ways shall accompany the plan submission. The Board of Appeals of the Town of Manchester-by-the-Sea is hereby designated as the Zoning Board of Appeals and as the permit granting authority mandated by The Zoning Act. Proposed streets have been aligned to provide vehicular access to each. (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. 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. The Site Analysis shall also show locations of soil test pits and percolation tests, with supporting documentation on test results. The location(s) of existing and proposed easements. [amended 2005]. B. 9.2.5 Standards and Dimensional Requirements. A public hearing on said referral shall not be required. Such notice shall state that the renewalrequest will be granted unless, prior to the expiration of the existing SpecialPermit, a written objection, stating reasons for such objection, is received bythe Special Permit Granting Authority. The two associate members shall be appointed such that their terms do not expire the same year. Common driveways shall be built in accordance with the following standards: These standards may be waived when, in the opinion of the Planning Board, such action is in the public interest and not inconsistent with the purpose and intent of the Zoning By-Law and these design standards. [Amended 2001]. Residential structures shall be oriented toward the street serving the premises. d) Within thirty (30) days of the date of application for the special permit, the applicant shall provide a balloon or crane test at the proposed site, or alternate test approved by the Planning Board, to demonstrate the height of the proposed WECF. Maintain the Towns traditional character and land use pattern in which small villages contrast with open land. 5. (b) Within Zone II and Zone III only, residential approval not required (ANR) land divisions, subdivisions, pursuant to M.G.L. The specific design and selection of materials shall be sufficient to preclude any Regulated Substance loss to the external environment. Trail connections should be provided where appropriate. consider the following criteria in making its decision: 1. d) Tree cover and average height of trees on the subject property and adjacent properties within three hundred (300) feet; e) Contours at each two (2) feet Above Mean Sea Level (AMSL) for the subject property and adjacent properties within three hundred (300) feet; f) Representation of location of viewpoint for the sight-line diagram referenced below. 4.3.7 Greenhouse and nursery uses for horticultural or floricultural purposes. Under the American Rescue Plan Act of 2021, Connecticut has been 3. Disapproval of the Stormwater Management Special Permit Application based upon a determination that the proposed plan, as submitted, does not meet the Standards in Section 6.15.7, Section 7.5 of this By-Law or adequately protect water resources, as required herein. The site's existing and proposed topography with contours at 2 foot intervals. Related Documents A member may be removed only for cause by the Board of Selectmen and only after a written statement of the facts on which removal for cause is based has been presented to such member and a public hearing has been held at which the member has been afforded the opportunity to be heard. The maximum size of any one structure shall not exceed 1,000 square feet. 4.1.5 The taking of boarders or the leasing of rooms for not more than four (4) persons by a family residing on the premises with common cooking and living facilities, providing there is no sign or display to advertise such use. The Planning Board shall require, as a condition for special permit approval under this Bylaw that the deeds to the affordable housing units contain a restriction against renting or leasing said unit during the period for which the housing unit contains a restriction on affordability. Monday through Wednesday 8:30 am to 5 pm Thursday 8:30 am to 6:30 pm The Zoning Regulations comprise Chapter 415 of the Citys Municipal Code. Notice shall be provided of hearings in accordance with Chapter 40A, sec. The applicant shall submit such material as may be required by the Planning Board regarding measures proposed to prevent pollution of surface or ground water, soil erosion, increased runoff, changes in groundwater level, and flooding, and regarding design features intended to integrate the proposal into the existing landscape, to preserve the same, to enhance aesthetic, and to screen objectionable features from neighbors. Special Permits may be transferred onlywith the approval by the Special Permit Granting Authority, in the form of anamendment to the Special Permit, conditioned upon satisfactory submissionof all information required for an original Special Permit. 11.2.4.3.1 Land Clearing/Open Space/Animal Species, 11.2.5 Interference with Existing Services. In the event that said forty-five day period expires without such specification, or without the release and return of the bond or return of the deposit or release of the covenant as aforesaid, the said Town Clerk shall issue a certificate to such effect, duly acknowledged, which may be recorded. The following design requirements shall apply to open space and lots provided through this Bylaw: 1. 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. a) For developments of multi-family condominiums, the Planning Board may substitute the median sale price for new condominiums built in Manchester-by-the-Sea during the preceding three fiscal years for the median sale price of new single-family homes. The Planning Board shall require the applicant to provide documentation that the homeowners association is an automatic (mandatory) association that has been established prior to the conveyance of any lots within the subdivision. The applicant shall: (a), at least seven days prior to filing the application, mail a notice (in the form specified by the Planning Board) to all property owners within one hundred feet of the locus for which a driveway/curb cut is sought as such property is identified in the most recent information available at the Assessors Office, (b) certify in such application that such notice has been mailed, (c) attach to such application a list of the names and addresses of those notified, and file the application (with the filing fee, as established by the Planning Board) with the Planning Board by submission to the Town Clerk. Within 65 days of such filing with the Town Clerk or the special permit granting authority, whichever shall first occur, the special permit granting authority shall hold a public hearing. All storage sheds are required to be in the rear yard no closer than two feet to the side lot line or rear lot line, unless there is an easement along the property side lot line or rear lot line then the shed must a minimum of 1 foot from the easement. the applicable minimum from setback for such lot plus ten (10) feet. This Section 6.9 is supplementary to the other existing Zoning By-Laws affecting the access, circulation, design and landscaping of parking areas. If several uses are proposed, the plans shall specify what uses will occur in what areas. (e) Storage of commercial fertilizers, as defined in M.G.L. homeowners association) and placed under conservation restriction. A specific authorized use within this Zoning By-Law that may be granted upon application to the designated special permit granting authority. 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. (d) Relationship to Subdivision Control Law: Nothing contained herein shall exempt a proposed subdivision from compliance with other applicable provisions of these Bylaws or the Subdivision Rules and Regulations of the Planning Board, nor shall it affect the right of the Board of Health and of the Planning Board to approve, condition or disapprove a subdivision plan in accordance with the provision of such Rules and Regulations and of the Subdivision Control Law. 6.7.7 Recording of Restrictive Agreement: 6.7.7.1 No building or structure shall be erected pursuant to any Special Permit to this Section 6.7 until and unless the restrictive agreement provided for in Section 6.7.3.1 shall have been duly recorded in the Registry of Deeds. In addition to those applications for a special permit which require Site Plan Review Special Permit under Section 6.9, the Board of Appeals, Board of Selectmen and Planning Board shall refer a special permit application to the Board of Health, Conservation Commission, and the Department of Public Works for written comments and recommendations before taking final action on said Special Permit application. The MyHomeCT Program offers help to eligible Connecticut homeowners by paying mortgage and/or other qualified housing expenses. ( e ) Storage of commercial fertilizers, as defined in M.G.L apply to open space may be months! For each repeat offense photovoltaic, vii without counting any existing parking necessary for existing activities to meet requirements! The provisions of this By-law through inspection, monitoring, and rooftops contrast with open land inspection,,. With Chapter 40A, sec pits and percolation tests, with supporting on. 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