Town of Provincetown

Public Notice

Amendments to the Provincetown Zoning By-laws

April 2004 Annual Town Meeting

 

Notice is hereby given that the following amendments to the Provincetown Zoning By-laws as voted at the April 7, 2004 Annual Town Meeting were approved by the Massachusetts Attorney General on June 21, 2004. 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  Approved revisions/amendments appear in italics.

 

Article 7.  Zoning By-law Amendment:  Adding Illumination Criteria to the Site Plan Review Process.   To see if the Town will vote to amend the Provincetown Zoning By-laws, Article 4 Special Regulations, Section 4162 Consideration, by adding  Consideration #6, as follows:

4162 Consideration In its review of the site plan, the Planning Board shall consider the following:

1. That the plan is in accordance with the Provincetown Zoning By-Laws.

2. That the plan meets the design requirements outlined in Section 4163.

3. That all necessary permits have been obtained or are approved and pending.

4. All ways within the site shall be designed so that they will provide for safe vehicular traffic.

5. That the plan shall address the requirements of Section 5331.

6. That development must conform to the illumination standards of Section 3430 Illumination,  including the requirements of Subsections 3431 and 3432 of the Zoning By-laws.

 

Article 8.  Zoning By-law Amendment:  Adding “Dormitory Housing” to the “Hotel/Motel” Definition in the Zoning By-laws.   To see if the Town will vote to amend the Provincetown Zoning By-laws, Article 1, Definitions so that it reads as follows, with additions shown in italics: Hotel, Motel, Dormitory Housing shall mean a building or group of buildings providing sleeping  accommodations (but not individual cooking facilities) for persons lodged with or without meals on a transient basis for compensation, but not meeting the definition of “Boarding, Lodging or Tourist Home or Inn.”  Dormitory housing may be on a seasonal or year round basis, but must be for more than a month, and may be related to employment, educational or cultural purposes.

 

Article 9.  Zoning By-law Amendment:  Parking Requirements. To see if the Town will vote to amend the Provincetown Zoning By-laws, Parking Requirements, Section 2472 All Districts, and Section 2473 Certain Districts, by adding the text italics and/ or underlining, and deleting the text with strikeovers:

2470 Parking Requirements

2471 Applicability. All parking demand created by new structures or uses, and expansion or change of use in existing structures, shall be accommodated on the premises entirely off-street as follows, to be calculated in accordance with the following table, rounding up for each resulting fraction.  The with the exception that for multi-family developments of fewer than five dwelling units, the Zoning Board of Appeals may grant a variance from this requirement for multi-family developments of fewer than five dwelling units if lot size or configuration makes meeting this requirement physically impossible, and for any use may grant a variance upon determination that special circumstances such as proximity to a municipal off-street parking lot render a lesser provision adequate for all parking needs. Art galleries shall be exempt from the requirement of providing off-street parking.

2472 All Districts The following minimums must be complied with in all districts:

                    USE

         NUMBER OF SPACES

Multi-family dwelling

1 space/dwelling unit

Hotel, Motel, Dormitory, Inn

1 space/guest unit plus:

1 space/resident employee;

1 space/3 non-resident employee plus

1 temporary space/10 guest units or fraction thereof

Boarding, Lodging or Tourist Home

1 space/guest unit

Affordable, elderly & or handicapped housing

1 space per two residential units

 

2473 Certain Districts In all districts except TCC, which is exempted, every non-residential structure or building shall provide for a minimum parking of five (5) cars or comply with the following schedule, whichever will produce the greater number of parking spaces. The space provided for ingress and egress may not be again calculated as parking area.

Use Number of Spaces

                       USE

      NUMBER OF SPACES

Theater

1 space/5 seats

Church

1 space/8 seats

Funeral home

1 space/50 sq. feet floor area

Restaurant, bar

1 space/50 sq. feet floor area

Skating Rink

1 space/100 sq. feet floor area

Bowling alley

1 space/250 sq. feet floor area

Offices

8 spaces office or 1 space/350 square feet floor area whichever is greater

1 space/350 sq. feet of floor area

Miscellaneous (any building or structure, not

specifically identified by one of the above mentioned use categories, which exceeds 350 sq. feet in floor area.)

1 space/350 sq. feet floor area or portion thereof

 

Article 19.  Zoning Amendment: Adult Entertainment: To see if the Town will vote to amend the Zoning By-laws as follows: By deleting footnote 17 from Section 2440(B4) and inserting a new Section 2440(B9) in the table of Permitted Principal Uses, which shall provide as follows:

 

2440            Permitted Principal Uses

 

 

Residential

Commercial

Seashore

Public Use

 

 

Res1

Res2

Res3

ResB

TCC

GC

S

M

A.

Residential

 

A1a

Single Family Dwelling

 

1. one per lot

YES

YES

YES

YES

YES

NO

NO

 

2. two per lot (each separate structure)

NO

BA

YES

YES

YES

NO

NO

 

3. three or more  (each separate structure)

NO

NO

YES8

YES8

YES8

NO

NO

A1b

Two Family Dwelling

 

 

1. one per lot

NO

YES

YES

YES

YES

NO

NO

 

2. two per lot

NO

NO

YES

YES

YES

NO

NO

 

3. three or more per lot

NO

NO

YES8

YES8

YES8

NO

NO

A2

Multi Family Dwelling

NO

NO

YES8

YES8

YES8

NO

NO

A3

Boarding, lodging or tourist homes

NO

YES

YES

YES

YES

NO

NO

A4

Nursing Home

NO

BA

BA

BA

BA

NO

NO

A5

Manufactured home park or subdivision

NO

NO

NO

BA

BA

NO

NO

A6

Cluster Development

NO

NO

YES

YES

YES

NO

NO

B.

Business

 

 

 

 

 

 

 

B1

Business or professional offices, banks

NO

NO

NO1

YES

YES

NO

NO

B2

Funeral Home

NO

NO

NO

YES

YES

NO

NO

B3

Hotel, motel or inn

NO5

NO5

YES3

YES2

YES2

NO

NO

B4

Retail sales or service

 

 

 

 

 

 

 

 

a. neighborhood

BA

BA

BA

YES

YES

NO

NO

 

b. art gallery

NO

NO

YES

YES

YES

NO

NO

 

c. motor vehicles sales, rental or services 4

NO

NO

NO

BA

YES

NO

NO

 

d. marine service, boat sales

NO

NO

NO

YES

YES

NO

NO

 

e. package store

NO

NO

NO

BA

BA

NO

NO

 

f. all other retail

NO

NO

NO

YES17

YES17

NO

NO

B5

Restaurant, bar

NO

NO

NO

BA6

BA6

NO

NO

B6

Rental storage

NO

NO

BA9

BA9

BA9

NO

NO

B7

Parking lots

NO

BA11

BA11

BA11

BA11

NO

NO

B8

Fast Order Food Establishments (excluding those with seating for less than ten and which occupy no more than a total of 500 square feet.)

 

NO

 

NO

 

NO

 

BA12

 

 

YES13

 

NO

 

NO

B9

Adult Entertainment17

 

 

 

 

 

 

 

 

a. Establishment which displays live nudity for its patrons

NO

NO

NO

YES

YES

NO

NO

 

b. Other adult entertainment

NO

NO

NO

YES

YES

NO

NO

C.

Industrial

 

 

 

 

 

 

 

C1

Seafood processing

NO

NO

NO

BA

BA

NO

NO

C2

Boat building, repair, overhaul

 

 

 

 

 

 

 

 

a. owner and one worker

BA

BA

YES

YES

YES

NO

NO

 

b. more workers

NO

NO

BA

YES

YES

NO

NO

C3

On-shore boat storage

 

 

 

 

 

 

 

 

a. one or two boats

YES

YES

YES

YES

YES

YES

YES

 

b. three or more boats

NO

NO

BA

YES

YES

NO

NO

C4

Oil, gas refining, processing pipelines

NO

NO

NO

NO

NO

NO

NO

C5

Earth removal

NO

NO

NO

NO

NO

NO

NO

C6

Solid waste processing, disposal

NO

NO

BA

BA

BA

BA

YES

C7

Other manufacturing, processing

NO

NO

NO

NO

YES

NO

NO

C8

Public utility

NO

NO

BA

BA

BA

NO

NO

C9

Transportation terminal

NO

NO

NO

YES

YES

NO

NO

C10

Warehouse

NO

NO

NO

NO

YES

NO

NO

C11

Contractor's yard

NO

NO

NO

NO

YES

NO

NO

C12

Aircraft landing area

NO

NO

NO

NO

NO

BA

NO

D.

Institutional

 

 

 

 

 

 

 

D1

Religious or educational use

 

 

 

 

 

 

 

 

a. exempt from zoning prohibitions  7

YES

YES

YES

YES

YES

YES

YES

 

b. all others

NO

NO

YES

YES

YES

NO

NO

D2

Cemetery

BA

BA

BA

BA

BA

BA

BA

D3

Municipal use

BA

BA

BA

BA

BA

BA

YES

D4

Non-profit club without entertainment

NO

NO

YES

YES

YES

NO

NO

D5

Museum

NO

NO

YES

YES

YES

NO

NO

D6

Hospital, other institutional or philanthropic use

NO

NO

YES

YES

YES

NO

YES

E.

Recreational

 

 

 

 

 

 

 

E1

Boys' or girls' camp

NO

NO

YES

YES

YES

NO

NO

E2

Indoor recreation

 

 

 

 

 

 

 

 

a. commercial

NO

NO

NO

YES

YES

NO

NO

 

b. municipal

NO

YES

YES

YES

YES

NO

YES

E3

Commercial outdoor recreation

 

 

 

 

 

 

 

 

a. tennis, golf, miniature golf, stables

NO

NO

NO

BA

YES

NO

NO

 

b. picnic area, commercial beach, bathhouse

NO

NO

NO

YES

YES

NO

NO

 

c. campground

NO

NO

NO

NO

BA

NO

NO

 

d. amusement park, drive-in theater, cart track

NO

NO

NO

NO

NO

NO

NO

 

e. Temporary Carnivals, Festivals & Fairs 14

NO

NO

BA

BA

BA

NO

NO

 

f. All other

NO

NO

NO

BA

BA

NO

NO

F.

Other Principal Uses

 

 

 

 

 

 

 

F1

Farms under 5 acres with livestock, aquaculture

BA

BA

BA

BA

BA

BA

BA

F2

Other farms, nurseries, green houses

YES

YES

YES

YES

YES

YES

YES

F3

Animal kennel

NO

NO

NO

NO

YES

NO

NO

F3a

Animal hospital

NO

NO

BA

NO

YES

NO

NO

F4

Use having externally observable attributes similar to uses permitted above.

BA

BA

BA

BA

BA

BA

BA

F5

Artist's Studio

BA

BA

YES

YES

YES

YES

NO

F6

Temporary Single-family Dwelling  15

YES

YES

YES

YES

YES

NO

NO

F7

Temporary Commercial Structure  16

NO

NO

BA

BA

BA

NO

NO

F8

All other principal uses

NO

NO

NO

NO

NO

NO

NO

 

 

 

 

 

 

 

 

 

 

1.   Except "YES" in W-B for banks and for professional offices including real estate, insurance, and accounting, without stock in trade, with no more than one firm or 2,000 square feet per building and no more than one building per lot.

 

2.   Except "NO" if serving alcoholic beverages and containing fewer than twenty guest units.

 

3.   Except "BA" if serving alcoholic beverages and containing fewer than twenty guest units.

 

4.   No moped rental in all zones. 1980 ATM Art. 87 amended.

 

5.   Except "YES" if existing as of January 1, 1981.  1981 ATM amended.

 

6.   No sale of food, drink, or other products to persons standing in the street, sidewalk, or parking areas at or about such establishment.  Other outdoor service allowed only on Special Permit from the Board of Appeals.  1982 ATM amended.

 

7.     See sec. 3, Ch. 40A, M.G.L.

 

8.   Except "BA" if the total number of dwelling units on the lot exceeds six (6).  Obtaining a Special Permit does not relieve the applicant from the obligation of complying with the Plan Review under Section 4160 nor any other applicable By-law provision.

 

9.   Special Permit to be granted on a yearly basis only, and only after, a Public Hearing and approval of the Building Inspector and Fire Department each year; storage of toxic or hazardous materials (as determined by the Building Inspector, Fire Department and Massachusetts Division of Hazardous Waste under the provision of Chapter 21 M.G.L.) shall be cause for permanent revocation of Special Permit.

 

10. Left blank.

 

11. Special Permit to be granted only after a Public hearing and approval of the Building Inspector, the Fire Department and the Police Department.

 

12.  After March 1, 1983, for any new construction, any substantial increase in intensity or use or any renovation of an existing structure to include the defined use, a Special Permit as specified in Sec. 5300 may be granted by the Board of Appeals: (a) only upon its written determination that the proposed fast food establishment does not create any adverse effect due to hazard or congestion especially including traffic impacts as determined by a traffic impact assessment prepared by the applicant according to Institute of Transportation Engineers guidelines regarding carrying capacity/level of service of the affected streets and any proposed mitigation sufficient to offset those impacts; (b) only if the applicant can demonstrate that the proposed use will not overburden public water, septage or solid waste facilities; (c) only if the applicant provides and enforceable plan for the mitigation and control of trash and litter generated by the proposed establishment; (d) any if the architecture and signage conforms to traditional Cape Cod style; and (e) only if, in order to assure that the concerns of the abutters and residents will be considered as a significant factor in the determination of the benefits or adverse effects of the proposed fast food establishment on the neighborhood and the Town, the Board of Appeals shall make a specific Finding of Significance regarding the response to the proposed use. 

 

13. Architecture and signage must conform to traditional Cape Cod style and must be submitted to the Planning Board for review.

 

14. Temporary Carnivals, Festivals and Fairs shall not exceed one week in duration.

 

15. If a dwelling is destroyed by fire or other natural cause, a temporary dwelling such as a manufactured home built on a permanent chassis, designed for use with or without temporary foundation when connected to required utilities may be moved upon the lot for habitation by the resident(s) affected by the loss, provided that:

(a)  the applicant has obtained all permits necessary for the temporary se from the building, electrical and health officials prior to occupancy;

                        (b)  the occupancy of the temporary dwelling shall not exceed one year; and

(c)  the applicant obtains a building permit to reconstruct the destroyed dwelling structure within three (3) months of the destruction of the original dwelling structure.

 

16. If a commercial use structure is destroyed by fire or other natural cause, a temporary structure may be erected upon the lot on which the original commercial structure was located, or within 300 feet of said lot for the operation of the business(s) for which that lot was used at the time the structures was destroyed.  The temporary structure(s) shall meet the requirements of 780 CMR, the Massachusetts State Building Code, Sixth Edition, and Chapter 31 controlling temporary structure(s) shall require a special permit from the Zoning Board of Appeals as provided in Section 5300 of this By-law.  The time that the temporary structures may remain shall not exceed 180 days.

 

17. Including adult entertainment uses, provided that said adult entertainment uses must be located at least 500 feet from any other adult entertainment uses must be located at least 500 feet from any school, playground, museum, church, community center, municipal building, nursing home, or cemetery in Provincetown (ATM April 1998)

 

17. All adult entertainment uses must be located at least 300 feet from any library, school or playground.  Said setbacks are to be measured from the nearest points on the property lines of the lots hosting the proposed adult entertainment use and the use triggering the setback requirement.

 

 

2450            Permitted Accessory Uses

 

 

Residential

Commercial

Seashore

Public Use

 

 

Res1

Res2

Res3

ResB

TCC

GC

S

M

G.

Permitted Accessory Uses

 

G1

Garage for 1 or 2 autos

YES

YES

YES

YES

YES

NO

NO

G2

Vegetable or flower garden

YES

YES

YES

YES

YES

YES

YES

G3

Home Occupation (see Sec. 3500)

YES

YES

YES

YES

YES

YES

BA

G4

Sale of seafood caught by a resident of the premises

NO

NO

YES

YES

YES

NO

NO

G5

Stable

BA

BA

BA

BA

BA

BA

BA

G6

Temporary construction office or shelter

YES

YES

YES

YES

YES

YES

YES

G7

Scientific research or development

BA

BA

BA

BA

BA

BA

BA

G8

Outdoor food dispensing machine

NO

NO

NO

NO

NO

NO

NO

G9

Aircraft landing area

NO

NO

NO

NO

NO

NO

NO

G10

Artist's studio

YES

YES

YES

YES

YES

NO

NO

G11

Other customary accessory uses

BA

BA

BA

BA

BA

BA

BA

G12

Swimming pool

BA

BA

BA

BA

BA

BA

BA

G13

Utility/Garden Shed (120 sq. ft. max.) 1

YES

YES

YES

YES

YES

NO

YES

G14

Utility/Garden Shed (96 sq. ft. max.) 2

BA

BA

BA

BA

BA

NO

NO

G15

Adult Entertainment3

 

 

 

 

 

 

 

 

a. Establishment which displays live nudity for its patrons

Yes

Yes

Yes

Yes

Yes

Yes

Yes

 

b. Other adult entertainment

No

No

No

Yes

Yes

No

No

 

1A utility/garden shed shall not exceed 120 square feet, nor exceed 9 feet in height from the finished floor to the roof ridge of a gable or gambrel roof or 7 feet to the highest point of any other roof configuration. The lowest point of the shed shall not be elevated more than 6 inches above the highest point of the natural grade within its footprint.

 

2Special Permits may be granted by the Zoning Board of Appeals for the installation of utility/garden sheds that meet at least 50% of the side and/or rear yard setback requirements of the district in which the property is located (Article 2, Section 2560) and at least 50% of building separation requirements (Article 2, Section 2550). Such Special Permits shall only be issued following a Public Hearing wherein the Zoning Board of Appeals determines that the installation of said shed cannot meet the current front, side and/or rear yard setback and building separation requirements. The benefits derived from the issuance of a permit shall outweigh any adverse effects such as hazard, congestion and environmental degradation. The shed shall not exceed 96 square feet, nor exceed 9 feet in height from the finished floor to the roof ridge for a gable or gambrel roof or 7 feet to the highest point of any other roof configuration. The lowest point of the shed shall not be elevated more than 6 inches above the highest point of the natural grade within its footprint. Doors and windows shall not face or open into an area of the standard side and rear yard setbacks of the district in which the shed is located.

 

3Accessory adult entertainment uses are permitted, as indicated in the above table, where the adult entertainment use is accessory to a non-residential use that is either a permitted use or a legally preexisting nonconforming use.  All such adult entertainment uses must be located at least 300 feet from any library, school or playground.  Said setbacks are to be measured from the nearest points on the property lines of the lots hosting the proposed adult entertainment use and the use triggering the setback requirement.

 

Article 20.  Zoning Amendment: Definition of Theater:  To see if the Town will vote to amend the Zoning By-laws as follows:

1. By amending Article 1 – Definitions, to add the following definition of "Theater" between the definitions of "Temporary Structure" and "Title 5 Design Flow":  Theater shall mean any indoor or outdoor use of property for the presentation of live entertainment or cinema for patrons, provided that Adult Entertainment Uses shall be subject to such further regulation in these By-laws.

 

2440            Permitted Principal Uses

 

 

Residential

Commercial

Seashore

Public Use

 

 

Res1

Res2

Res3

ResB

TCC

GC

S

M

A.

Residential

 

A1a

Single Family Dwelling

 

1. one per lot

YES

YES

YES

YES

YES

NO

NO

 

2. two per lot (each separate structure)

NO

BA

YES

YES

YES

NO

NO

 

3. three or more  (each separate structure)

NO

NO

YES8

YES8

YES8

NO

NO

A1b

Two Family Dwelling

 

 

1. one per lot

NO

YES

YES

YES

YES

NO

NO

 

2. two per lot

NO

NO

YES

YES

YES

NO

NO

 

3. three or more per lot

NO

NO

YES8

YES8

YES8

NO

NO

A2

Multi Family Dwelling

NO

NO

YES8

YES8

YES8

NO

NO

A3

Boarding, lodging or tourist homes

NO

YES

YES

YES

YES

NO

NO

A4

Nursing Home

NO

BA

BA

BA

BA

NO

NO

A5

Manufactured home park or subdivision

NO

NO

NO

BA

BA

NO

NO

A6

Cluster Development

NO

NO

YES

YES

YES

NO

NO

B.

Business

 

 

 

 

 

 

 

B1

Business or professional offices, banks

NO

NO

NO1

YES

YES

NO

NO

B2

Funeral Home

NO

NO

NO

YES

YES

NO

NO

B3

Hotel, motel or inn

NO5

NO5

YES3

YES2

YES2

NO

NO

B4

Retail sales or service

 

 

 

 

 

 

 

 

a. neighborhood

BA

BA

BA

YES

YES

NO

NO

 

b. art gallery

NO

NO

YES

YES

YES

NO

NO

 

c. motor vehicles sales, rental or services 4

NO

NO

NO

BA

YES

NO

NO

 

d. marine service, boat sales

NO