manchester zoning regulations

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. 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. This program provides an annual grant which supports a variety of projects and activities to benefit Manchester residents. NO loose trash bags are permitted to placed out for pick up. 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. A description and drawings of all components of the proposed drainage system including: a. locations, cross sections, and profiles of all brooks, streams, drainage swales and their method of stabilization. 8. Signage regulations remain unchanged. A special permit shall be granted only if the permit-granting authority finds that it is consistent with the purposes outlined in Section 6.9.1 of this By-Law. 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. 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. 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). a) Name, address, telephone number and original signature (photo-reproductions of signatures or digital signatures will not be accepted) of applicant and any co-applicants. Impervious surface: Any material or structure on or above the ground that prevents water infiltrating the underlying soil. The maximum number of house lots compatible with good design shall abut the. purchaser shall include the initial discount rate between the sale price and the units appraised value at the time of resale. Zone C means the land area not designated as Zone A or B that is either within the watershed of a Class A surface water source as defined by 314 CMR 4.05(3)(a), or contributes water runoff to Gravelly and Round Ponds. [Amended 2007]. b. Manchester, CT 06045 Mean pre-construction grade is defined as a reference plane representing the average elevation of pre-construction ground adjoining the building at all exterior walls. 3. Updated Manchester Township Zoning Map. The Zoning Regulations comprise Chapter 415 of the Citys Municipal Code. 10.1.4 The portion of any lot within the Flood Control District may be used to meet the area and yard requirements for the district or districts in which the remainder of the lot is situated. 9. 20-23. A lot for the purpose of this Zoning By-Law may or may not coincide with a lot of record title. WECFs should be sited to make use of previously disturbed and/or developed areas wherever possible. A full written report including the steps taken to contain and clean up the spill shall be submitted to the Fire Department, Director of Public Works, and the Town Administrator within fifteen (15) days of discovery of the spill. This 50-foot setback shall be maintained in a naturally vegetated state. No more than two lots shall be served by a common driveway without a special permit from the Planning Board. The Planning Board shall cause the project site to be inspected by its representative at the following stages: 1. The Planning Board shall determine whether the. Failure to keep yards mowed or trimmed to this height may result in a violation of Section #147-8 of the Manchester Town Code. *****The Right-To-Know Law (RSA 91-A) provides that most e-mail communications, to or from City employees and City volunteers regarding the business of the City of Manchester, are government records available to the public upon request. 13. 5. Notwithstanding the foregoing provisions of this Section 5.0, the following requirements shall be met in the Limited Commercial District (See also Section 4.4 Limited Commercial District): 5.7.1 Each business, defined as a single use under one ownership, shall be located on a lot of not less than five (5) acres and a minimum width at all points of not less than five hundred (500) feet. 169- Zoning Ordinance Signs and Fences; Chapter 170- Zoning Ordinance Administration and Enforcement are hereby repealed. The Stormwater Management Plan shall fully describe the project in drawings, and narrative. Such a buffer shall be designed so as not to create a hazard upon entrance or exit from the facility. No utilities can be inside the fenced area(i.e. [See Maps; original on file with the Department of Public Works.]. The project proponent shall submit a plan for the operation and maintenance of the LGSPI, which shall include measures for maintaining safe access to the installation, storm water controls, and general procedures for operational maintenance of the installation. The fee for this certificate (permit) is $50.00. 3. Documentation must list all lot owners and any encumbrances on the land that may affect the proposed use, and must demonstrate and act upon the applicant's sufficient legal authority to prevent the building of any structure unrelated to the WECF within the WECFs required set-backs. 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. This prohibition includes, but is not limited to, treatment or disposal works related to activities under the Standard Industrial Classification (SIC) Codes set forth in 310 CMR 15.004(6) (Title 5), except the following: (1) the replacement or repair of an existing system(s) that will not result in a design capacity greater than the design capacity of the existing system(s); and, (2) treatment works approved by the Department designed for the treatment of contaminated ground or surface waters and operated in compliance with 314 CMR 5.05(3) or 5.05 (13); and. and935 CMR 500.00, et seq. such determination, the SPGA shall give consideration to the simplicity, reliability and feasibility of the control measures proposed and the degree. (d) To provide regulations that are enforceable and bring illegal conversions under control. Erosion Control Inspection: to ensure erosion control practices are in accord with the filed plan. c.83, 6-7, and any regulations promulgated thereunder. The name and address of each owner of the establishment and propertyowner; Copies of all required licenses and permits issued to the applicant by the Commonwealth of Massachusetts and any of its agencies for the establishment; Evidence of the applicants right to use the site for the establishment,such as a deed, or lease; Proposed security measures for the Marijuana Businessdemonstrating compliance with all requirements of 105 CMR725.110, "Security Requirements for Registered Marijuana Dispensaries," including but not limited to secure storage areas, limited access areas, security and alarm systems compliant with 105 CMR 725.110(D), and the requirements of935 CMR 500 et seq. 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. 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. c. 41, 81L, 81P, 81S, and 81U with on-site disposal of effluent, at a density greater than one dwelling unit per 30,000 square feet provided that the nitrate-nitrogen concentrations described in Section 4.9.6.3(d), below, are not exceeded. [Added 1987], 7.5.1 Certain uses are designated in this By-Law as requiring a special permit. The as-built drawing shall show deviations from the approved plans, if any, and be certified by a Registered Professional Engineer. The Planning Board shall deny any application for a special permit for development under Sections 9.2 and this section if the applicant for special permit approval does not agree that: 1) At least ten (10) percent of the lots in a division of land or units in a multiple unit development subject to this Bylaw shall be established as affordable housing units in any one or combination of methods provided for below. G. Project Completion. The Town of Manchester weekly trash pick up is Wednesday. Dimensions shown in figures placed upon said map between such boundary lines and sidelines of public or private ways are the distances in feet of such boundary lines from such lines. The Planning Board encourages town residents, land and business owners to take part in this and all Town planning initiatives to assure that we are all working together for a strong and resilient Manchester. (i) There is no other accessory dwelling unit in the dwelling. All sidewalks are required to be cleared of snow and ice within 10 hours after the snow has ceased falling. Decision on an appeal (Section 7.4.5) or variance (Section 7.4.6) must be made within 100 days of the date of filing. 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. Each copy of the SMSP Application package shall include: 1. a completed Application Form with original signatures of all owners; 2. a list of abutters, certified by the Assessors Office; 3. the Stormwater Management Plan and project description as specified in Section 6.15.7 of this By-law; 4. the Operation and Maintenance Plan as required by Section 6.15.8 of this By-Law; B. 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. Parking areas shall be designed and located so that their use does not involve vehicles backing onto a public way or way utilized for public access. 6.7.2.3 The number of building lots on any plan for which a Special Permit is granted under this Section 6.7 shall not exceed the number of lots which could be created on said parcel without such permit. 10.1.1 The Flood Control District shall overlay other districts in this By-Law. Redevelopment of previously developed sites must meet the Stormwater Management Standards to the maximum extent practicable. The purpose of this By-Law is the promotion and protection of the public health, safety, convenience, and general welfare of the inhabitants of the Town of Manchester-by-the-Sea and of the public generally by: - encouraging the most appropriate use of land and water within the Town; - preventing overcrowding of land; - preventing undue concentration of population on the one hand, and preventing excessive scattering of population on the other; - encouraging various lot sizes and housing types for persons of various age and income levels; - minimizing traffic hazards and congestion; - providing for adequate light, air, and sanitation; - reducing hazards from fire, flood, panic, and other dangers; - assisting in the economical provision, utilization and expansion for all services provided to the public, including streets, drainage, water supply, sewage disposal, schools, parks and open spaces; - preventing blight and pollution of the environment; - maintaining and enhancing the natural and historical amenities of Manchester-by-the-Sea; and. No Marijuana Business shall be established except in conformity with this By-Law and all applicable laws and regulations, including such regulations as may be promulgated by the Board ofHealth; and the requirements of 105 CMR 725.00 et seq. Met Towers shall be permitted in the LCD, subject to the issuance of a special permit in conformance with the Zoning By-law and a building permit for a temporary structure. The LGSPI owner or operator shall provide a copy of the project summary, electrical schematic and approved site plan to the Fire Chief. The Planning Board shall grant a special permit only if it finds that the proposal complies with the provisions of this Section 11.2 and with Section 7.5 of the Zoning By-Law. (c) Conveyed to a corporation or trust owned or to be owned by the owners of lots or residential units within the development (i.e. The value of donated land shall be equal to or greater than the value of the construction or set-aside of the affordable units. Proper subdivision ensures that division of land within the City of Manchester will result in legal, usable, buildable Definitive Subdivision/ RCC Development Plan: The Definitive Subdivision/ RCC Development Plan shall show: location and boundaries of the site, proposed land and building uses, lot lines, location of open space, proposed grading, location and width of streets and ways, parking, landscaping, existing vegetation to be retained, water supply or approximate location of wells, drainage, proposed easements and methods of sewage disposal. (b) To make it financially possible for existing homeowners to stay in their homes. This means that a property owner Additional Prohibited Uses: Zone A, Zone B, and Zone C: (a) Residential approval not required (ANR) divisions, subdivisions pursuant to M.G.L. Runoff: Rainfall, snowmelt, or irrigation water flowing over the ground surface. Reformatting and reorganization is one focus of the Planning Boards recodification project and includes such things as adding a Use Table that shows what land uses are allowed for each district and whether the use is by right, special permit, or variance, and whether it requires site plan review. The affordable housing use restriction shall meet the requirements of the Local Initiative Program. The maximum size of any one structure shall not exceed 1,000 square feet. If any Regulated Substances are stored on the construction site during the construction process, they shall be stored in a location and manner that will minimize any possible risk of release to the environment. Facilitate the construction and maintenance of streets, utilities and public services in a more economical and efficient manner. The Planning Board is the SPGA. 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. (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). 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. Expenses incurred by the Planning Board in connection with site plan review, including the reasonable fees and expenses of any consultants retained by the Planning Board, shall be borne by the applicants for site plan approval. Loading Do Not Show Again Close. Minimum Frontage: The minimum frontage may be reduced from frontage, otherwise required in the Zoning District, provided however that no lot shall have. (d) Storage of sodium chloride, chemically treated abrasives or other chemicals used for the removal of ice and snow on roads, unless such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate. 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 Development - Community Emergency Response Team, Leisure, Family, and Recreation Department, Planning and Economic Development Department, Starting or Expanding a Business in Manchester. (i) Landfills receiving only wastewater residuals and/or septage approved by the Department pursuant to M.G.L. [Revised 2012], (c) All development and/or uses within the Flood Plain District shall comply with all applicable local laws and regulations. Please place at curb same day as regular trash pick up (Wednesday). Establish zoning districts and regulations; provide for the manner of enforcement of regulations; hear and decide on site plans, special exceptions or special permits for development. 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. [amended 2005], 6.9.4 [Section 6.9.4 is intentionally omitted] [2005]. This period may be extended at the request of the operator and at the discretion of the Planning Board. Except for shed dormers, individual dormers are not considered to be an increase in volume. 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. Site plan review approval is required from the Planning Board, as provided for in Section 6.5 Site Plan Approval (See also 5.7 Limited Commercial District): 4.4.1 Business and professional offices and office buildings; 4.4.2 Recreational club or facilities operated for profit; 4.4.5 Large-scale Ground-mounted Solar Photovoltaic Installations. 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. No Marijuana Business shall be located within 300 feet of a residential zoning district, or within 500 feet of any lot containing a school, childcare facility, or playground. "Zone II" means that area of an aquifer which contributes water to a well under the most severe pumping and recharge conditions that can be realistically anticipated (180 days of pumping at safe yield, with no recharge from precipitation), as defined in 310 CMR 22.00. The required parking space size is being reduced to more standard dimensions, thus decreasing the amount of paved area in town, but other parking requirements remain the same. 11.2.4.3.1 Land Clearing/Open Space/Animal Species, 11.2.5 Interference with Existing Services. conservation land. The SPAA may engage, at the applicants expense, professional and technical consultants, including legal counsel, to assist the SPAAwith its review of the application, in accordance with the requirements of Section 53G of Chapter 44 of the Massachusetts General Laws. Operation and Maintenance Plan: A plan setting up the functional, financial and organizational mechanisms for the ongoing operation and maintenance of a stormwater management system to insure that it continues to function as designed. The SPAA may direct the applicant to deposit funds with the SPAA for such review at the time the application is accepted, and to add additional funds as needed upon notice. This By-Law shall not apply to land or activities located outside of the corporate boundaries of Manchester-by-the-Sea. Should you observe stray animals, please report to the County Animal Control Office @ 410-848-4810. 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. (c) No stabling, hitching, standing, feeding or grazing of livestock or other domestic animals shall be located, constructed, or maintained within 100 feet of the bank of a surface water source or tributary thereto. Please call BEFORE beginning any project. Pursuant to Section 7.9, the Planning Board may retain technical experts, consultants and legal counsel to verify information presented by the applicant and provide the Planning Board with guidance on reviewing and approving or denying the application. Click here for better mobile optimization. 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. Frontage along the length of any way in existence when the Subdivision Control Law became effective in Manchester-by-the Sea shall in no way be used as frontage as specified in the Zoning By-Law unless the way meets the following minimum standards. It shall then issue a written decision which describes its findings with. E . That portion of the Setback Area of a lot between the lines delimiting its minimum side building setbacks from its front exterior boundaries to the line delimiting its minimum front building setback, all as so prescribed, is the Central Front Setback Area; and the remaining portion of the Setback Area is the Side/Rear Setback Area. 10.3.5.2. 9.1.2.3 The Applicant for the special permit shall submit plans showing at a minimum the following items: (a) Lot size and location of parking. Ordinances/Zoning & Planning Missy 2021-02-25T19:59:07-05:00. 10.2.4.1 Within any Zone where the base flood elevation is not provided on the FIRM, the applicant shall obtain any existing base flood elevation data and it shall be reviewed by the Building Inspector for its reasonable utilization toward meeting the elevation or flood proofing requirements, as appropriate, of the State Building Code. 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. Sheds will be counted in the total square footage of accessory buildings or structures. Signs on LGSPI shall comply with the requirements of all applicable sign regulations, and shall be limited to: (a)Those necessary to identify the owner, provide a 24-hour emergency contact phone number, and warn of any danger. Including: i) Location of all roads, driveways and parking areas, public and private, on the subject property and on all adjacent properties within thirteen hundred (1300) feet including driveways proposed to serve the WECF; ii) All proposed changes to the existing property, including grading, vegetation removal or replacement and temporary or permanent roads and driveways; iii) Representations, dimensioned and to scale, of the proposed WECF, including power cable locations, parking areas and any other construction or development attendant to the WECF. The names and addresses of the person(s) responsible for operation and maintenance; b. Protect existing and potential municipal water supplies. 5. Review and Decision: Upon receipt of the application and the required plans, the Planning Board shall transmit one copy each to the Board of Health, Historical Commission and Conservation Commission. 10. ft. of area in service bays 1, 300 sq. c.40A s.9 and Section 7.5 of the Zoning By-Law. This includes fire pits or barrels that are not enclosed. Entry. Construction and installation of utilities other than drainage (gas, water, electric, telephone, etc.) (c)Stabilize or re-vegetate the site as necessary to minimize erosion. Applicants under this Bylaw shall submit a marketing plan or other method approved by the Planning Board, to the Planning Board for approval, which describes how the affordable units will be marketed to potential homebuyers. (d)Reinstate gravel or ground cover consistent with the surrounding landscape. A wind turbine typically consists of a rotor, nacelle and supporting tower. Affordable Housing Unit. This may include, but not be limited to, information regarding site selection, turbine design, buffering, lighting and cable layout. Special Permit Granting Authority (SPGA) pursuant to this By-Law shall be the Planning Board. Authority, Adoption & Applicability, 2. This Zoning Recodification and Update initiative allows the Town an opportunity to make its Zoning regulations easier to understand, administer and enforce, and align Zoning regulations with current land use goals, best practices and municipal capacity. In the current Zoning Bylaw, the same information is found within paragraphs of text and is not consistent in order or language. Timing, schedules, and sequence of development including clearing, stripping, rough grading, construction, final grading, and vegetative stabilization, 16. Alternately, any resident can gather 25 names on a petition and then request a zoning amendment be placed on the ballot. (d) Land uses that result in the rendering impervious of more than 15% of any lot, unless a system for artificial recharge of precipitation is provided, which is satisfactory to the Planning Board, that will not result in the degradation of groundwater quality. Skip to Main Content. f. expected hydrology with supporting calculations. 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. B. [added 2006]. 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. (b) Post-testing. 2. 1. 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. (4) Disturb more than 10% of the Setback Area. 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. 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