Public Notice
November 7, 2005 Special Town Meeting
Notice is hereby
given that the following amendments to the Provincetown Zoning By-laws as voted
at the November 7, 2005 Special Town Meeting were approved by the Massachusetts
Attorney General on December 9, 2005. This notice is published pursuant to
Massachusetts General Laws c.40§32. Any claims that a zoning by-law is invalid
because of a defect in the procedure by which the by-law was adopted or amended
may only be made within ninety (90) days of this posting. Copies of the zoning
by-laws may be examined and obtained from the Town of Provincetown, Office of
the Town Clerk, 260 Commercial St., Provincetown, MA. By-laws are also available for viewing at the Provincetown
website: www.provincetown-ma.gov
Article
4. Zoning By-law Amendment - Create a
Growth Management Surplus Gallonage Pool available for reallocation for
year-round economic development. To amend the zoning bylaw of the Town as follows:
1. Amend Section
6100 by inserting in the last clause after the words “encouraging affordable
housing development” the words “and year-round economic development”, so that
Section 6100 shall read as follows:
The purpose of this
Article is to maintain the rate of development in the Town at a level which
will allow the Town to provide in a planned and rational manner adequate public
services and facilities to meet the needs of its current and future population
without overburdening the Town's natural resources or the capacities of
existing and planned public facilities, particularly with respect to provision
of potable water, wastewater disposal, and solid waste disposal. The regulations provided in this Article are
designed to effectuate the purposes of zoning in :
- facilitating
adequate provision of water, drainage, sewerage, and other public health safety
and welfare requirements;
- protecting and
enhancing the character of the community and its historical and natural
resources; and
- ensuring that the
rate of development does not overly burden the capacity of the Town to absorb
the costs of meeting water, sewerage and waste disposal service demands in
light of both fiscal constraints and limited availability of natural resources;
while at the same
time, encouraging affordable housing development and year-round economic
development, and minimizing hardship to persons of limited incomes who live, or
may choose to live, in the town.
2. Amend Section
6200-1 by inserting after the words in the first paragraph “which will result
in an increase” the words “, no change, or a decrease” and by inserting after
the words in the first paragraph “Title 5 Design Flow” the words “(pursuant to
310 C.M.R. 15.203 (2) through (6))”, and by numbering the second paragraph of
Section 6200-1 as Section 6200-2, thereby removing it from Section 6200-1, so
that Section 6200-1 in its entirety shall read as follows:
Except as provided
below this Growth Management By-law shall apply to all new construction,
including new structures and enlargement, alteration or renovation of existing
structures, to all new uses, and to all expansions, changes, or alterations of
existing uses, which will result in an increase, no change, or a decrease in
Title 5 Design Flow (pursuant to 310 C.M.R. 15.203 (2) through (6)) as
determined by the Health Agent.
3. Amend new
Section 6200-2, formerly the second paragraph of Section 6200-1, by inserting
after the words “or for the enlargement” and after the words “for any new use
or any” the word “reduction,” and by
deleting the last word “either”, so that new Section 6200-2 shall read as
follows:
No building permit
shall be issued for a new structure or for the enlargement, reduction,
renovation or alteration of an existing structure and no occupancy permit shall
be issued for any new use or any reduction, expansion, change or alteration of
an existing use for which no building permit is required; until and unless:
4. Amend new
Section 6200-2(a) by deleting new Section 6200-2(a) in its entirety and
substituting therefor the following text:
The Health Agent
determines the amount, if any, by which Title 5 Design Flow will increase or
decrease as a result of the proposed
structure or use. In making
determinations of Title V Design Flow, the Health Agent shall apply the
definitions of Fixed Standing and Seats as defined in Article 1, where
applicable; and
5. Amend new
Section 6200-2(b) by deleting new Section 6200-2(b) in its entirety and
substituting therefor the following text:
In the event the
Health Agent determines the amount of Title 5 Design Flow will increase, the
property owner obtains a Growth Management Allocation Permit sufficient to
allow the increase.
6. Amend former
Section 6200-2 by renumbering it Section 6200-4.
7. Amend Section
6200-3 by renumbering it Section 6200-5 and by inserting as a new Section
6200-3 the following text:
If the Health Agent
determines under Section 6200-2a that a decreased Title 5 Design Flow
will result, then during a two-year period following the issuance of the
building permit or occupancy permit, whichever is earlier, for such structure
or use, no Growth Management Allocation Permit will be required for any
subsequent change in such structure or use that increases its Title 5 Design
Flow up to and including the Title 5 Design Flow amount so determined by the
Health Agent prior to the decrease in Title 5 Design Flow, unless the owner has
abandoned the prior use or intensity of use.
Such abandonment shall occur by wholly changing such use to a different
principal use, or by issuing a written statement or covenant to the Town
expressly abandoning the prior use or intensity of use.
8. Amend Section
6200-4 by renumbering it Section 6200-6 and by deleting the words “subparagraph
d” and replacing them with the words “subparagraph b”.
9. Amend Section
6200-5 by renumbering it Section 6200-7.
10. Amend Section
6300-1 by capitalizing the first letter in each of the words “affordable
housing” and each of the words “community housing permits” and by inserting at
the end of the first sentence the words “or Economic Development Permits
awarded by the Board of Selectmen”, so that Section 6300-1 shall read as
follows:
Application for a
Growth Management Allocation Permit may be made in writing to the Permit
Coordinator only after having first applied for all other permits, (except
building and occupancy permits), licenses, special permits, variances,
determinations and/or orders of conditions for the proposed construction and/or
use as deemed necessary by the Permit Coordinator including, if applicable,
Affordable Housing and/or Community Housing Permits awarded by the PLHP or
Economic Development Permits awarded by the Board of Selectmen.
11. Amend Section
6300-3 by capitalizing the first letter of the word “permits”.
12. Amend Section
6300 by inserting as a new Section 6300-5 the following text:
The Health Agent
shall, two years after a determination of decreased Title 5 Design Flow and
provided that such Title 5 Design Flow has not increased during the two year
period, assign the difference in gallonage between the prior, higher Title 5
Design Flow and the current Title 5 Design Flow to a “Surplus Gallonage
Pool.” In the event a property owner
abandons the prior use or intensity of use pursuant to Section 6200-3, the
Health Agent shall immediately assign the difference in gallonage between the
prior, higher Title 5 Design Flow and the new Title 5 Design Flow to a “Surplus
Gallonage Pool.”
13. Amend Section
6500 by inserting as a new “General Use Category 5” the following text:
GENERAL USE
CATEGORY 5
5a Economic development pursuant to an
Economic Development Permit.
14. Amend Section
6600 by renumbering Section 6600-3 as Section 6600-4 and by inserting as a new
Section 6600-3 the following text:
Gallonage in the
Surplus Gallonage Pool at the end of each calendar year shall be available for
allotment in subsequent calendar years to General Use Category 5.
15. Amend Article 1
by inserting the following definition:
Economic Development
Permit shall mean an economic development permit awarded by the Board of
Selectmen pursuant to Section 5-15 of the General By-laws.
Article 5. Zoning By-law
Amendment: Outside Display. To amend the Provincetown Zoning By-laws, Section 3420 Outside Display
as follows:
3420 Outside Display In all districts of town there shall be no
mechanical display or exhibit, or display of any type of merchandise or wares,
for the purpose of advertisement, sale, barter, or exchange, or as an
inducement thereof, outside of, upon, or against any building or screened or
open porch, or booth, or cart, or contiguous land, or premises unless a Special
Permit for said display is first granted by the Board of Zoning Appeals, or
specifically excepted as hereinafter provided. Effective April 1, 1990, all
exterior displays or exhibits must have a Special Permit from the Zoning Board
of Appeals.
A Special Permit
for Outside Display may be issued for a period of three calendar years after
filing an application with the Board of Zoning Appeals and a copy thereof with
the Town Clerk. The Special Permit shall specify the number and generic
type (e.g. clothing, children's toys, newspapers and magazines, lawn care
machinery, etc.) of items to be displayed and the location thereof indicated on
a drawing or plan; any change in content (i.e. different generic items) shall
require a new Special Permit.
The Special Permit
may be granted by the Board of Zoning Appeals only if it finds all of
the following:
(a) The proposed display does not create any
adverse effect due to hazard or congestion;
(b) The proposed display
is consistent with and does not cause any adverse impacts to the character of
the surrounding neighborhood;
(c) The proposed display is an adjunct display
to, and for
representative merchandise or wares of, a retail sales, service or restaurant
establishment located on the same premises;
(d) A majority of abutters
within a 300 foot radius have not submitted a petition objecting to the
proposed display; and
(e) The proposed display has
not been opposed by a petition signed by 150 voters.
The Special Permit
may be renewed for succeeding three year periods, however violations may be
considered as a basis for non-renewal.
Exceptions:
A. Bazaars or functions
for charitable purposes by organizations existing in Town for a minimum of one
year may be excepted for periods not exceeding one week in any one year by any
one applicant provided that application is made to the Board of Selectmen and a
license for said activity is granted.
B. The sale of art
produced by working artists at the time and point of sale, including
caricatures and portraits, provided that application is made to the Licensing
Board and a license for said activity is granted.
C. This By-Law shall not
apply to artists working in public and shall not be construed as to prohibit an
artist from selling work in progress, subject to Licensing Board approval.
D. The displaying and
selling of commodities (excluding food and beverage) by businesses and residents
during the weekend (Saturday and Sunday) in May of the "Monumental Yard
Sale", which shall be under the sponsorship of a local businesspersons'
organization; and an inventory sale during Columbus Day Weekend (Saturday,
Sunday, and Monday) in October. No
displays or sales shall take place within or upon public land, sidewalks or
roadways. Displays and sales shall only appear upon property of the
participants, whether jointly or independently. Displays and sales shall not impede pedestrian traffic or cause
concerns for the public's safety.
Doug Johnstone
Provincetown Town
Clerk
Published:
Provincetown Banner: December 15 & 22, 2005
Posted: Town Hall and www.provincetown-ma.gov 12/9/05 1:35 pm dj