Zoning Bylaws

8/8/2019 Zoning Bylaws

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AQUINNAH ZONING BY-LAWSTABLE OF CONTENTS

01.00 Purpose02.00 Use Regulations

02.10 Districts02.20 Permitted Uses in a Rural - Residential District02.30 Uses by Special Permit in a Rural - residential District02.40 Permitted Uses in a Marine Commercial District02.50 Uses by a Special Permit in a Marine Commercial District02.60 Signs2.70 Hazardous Use2.80 Clear Cutting of Trees02.90 Stone walls03.00 Dimensional and Density Regulations03.10 Minimum Lot Sizes

03.20 Additions / Structural Density03.30 Use Density03.40 Setback 03.50 Building Height03.70 Underground Petroleum Storage Tanks

03.80 Minimum Frontage04.00 Special Overlay Districts

04.10 Island Road District04.20 Goals04.30 Boundaries04.40 Permitted Uses within the Island Road District

04.50 Regulations and Restrictions for the Major Road Zone05.00 Regulations and Restrictions for the Special Ways Zone05.10 Uses Permitted05.20 Uses by Special Permit05.30 Uses not Permitted05.40 Special Regulations06.00 Special Places District06.10 Boundaries06.20 Permitted Uses06.30 Uses by Special Permit07.00 Coastal District

07.10 Goals07.20 Boundary07.30 Permitted Uses07.40 Uses by Special Permit from the Planning Board Review Committee08.00 Flood Plain Zone08.10 Purpose08.20 Requirements08.30 Additional Requirements in Velocity Zones08.40 Special Permits08.50 Administration

09.00 Moshup Trail Cultural and Historic District


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09.10 Use Regulations09.20 Signs09.30 Construction09.40 Vehicular and Pedestrian Ways09.50 Stone Walls and Fences

09.60 Private Parking Areas09.70 Dimension and Density Regulations09.80 Building Height09.90 Conservation Commission09.95 Clearings & Vegetation10.00 Gay Head Cliff Area District of Critical Planning Concern10.01 Goals10.02 Boundary10.03 Uses Requiring a Special Permit10.10 Site Review Committee10.20 Boundary Description

11.00 Conservation Regulations11.10 Conservation Areas11.20 Excavation11.30 Uses of Water Areas11.40 Clearings and Vegetation12.00 Review of Developments of Regional Impact12.10 Compact Siting12.20 Developments of Regional Impact13.00 Non-Conforming Uses and Pre-exiting Lots13.10 Pre-existing lots13.20 Non-Conforming Uses

14.00 Administration14.10 Board of Selectmen14.20 Board of Appeals14.30 Planning Board Plan Review Committee14.40 Special Permits14.50 Site Review Committee14.60 Zoning Administrator15.00 Definitions16.00 Amendment17.00 Validity18.00 Penalties

19.00 Amendments20.00 Subdivision Rules and Regulations Zoning Map of Gay Head

GAY HEAD ZONING BY-LAWS


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01.00 PURPOSEThe purpose of this by-law is to promote the health, safety, convenience and

welfare of the inhabitants of the Town of Gay Head, to prevent flood damage, maintain waterquality, assure adequate water supply, prevent pollution, promote wildlife habitats, assure themaintenance of cultural and historic sites and values, preserve and enhance the character of

views, prevent damage to structures, land and water as a result of erosion, promote economicdevelopment of fisheries and related industries maintain and enhance the overall economy ofthe Town of Gay Head, and too provide them with the benefits and protection authorized byChapter 808 of the Acts of the Commonwealth of 1975.

02.00 USE REGULATIONS02.10 DISTRICTS

The Town of Gay Head is divided into the following district:.01 Rural - Residential District.02 Marine Commercial Districts

.03 Special Overlay Districts (a district whose regulations are

imposed in addition to the regulations of the underlying districts). Thesedistricts include the Flood Plain Zone, the Island Road District, CoastalDistrict and the Moshup Trail District of Critical Planning Concern.(Reference Section 4.00). These districts are located on a map entitled"Zoning Map of Gay Head", on file in the office of the Town Clerk. Thismap, with all explanatory matter concerning the special overlay districts, ishereby made part of the by-law.

02.20 PERMITTED USES IN A RURAL - RESIDENTIAL DISTRICT Thefollowing uses are permitted in a Rural - Residential District:

.01 Detached one - family dwellings, not including temporary or

mobile structures except as provided below;.02 religious, educational, or municipal uses;.03 farm, forest, plant nursery, or other agricultural or horticultural

uses;.04 the harvesting and processing of fish and shellfish.05 any use customarily accessory to and clearly incidental to a

permitted principal use on the lot including any of the following- home occupation employing no more than five persons not

members of the resident family;- the display and sale of natural products raised or prepared in the

Town;

- the renting of rooms or boarding of not more than eight personsnot members of the resident family; or their guests;the storage of unregistered vehicles, boats, boat and equipment

trailers and tents for the use of the resident family, if screened from viewof the public road;the keeping of horses, ponies, small animals and poultry for theenjoyment of the resident family.

02.30 USES BY SPECIAL PERMIT IN A RURAL-RESIDENTIAL DISTRICTAny uses not specifically permitted above and not prohibited by other

provisions of the by-law are permitted in a Rural-Residential District, but

only if the Planning Board grants a Special Permit for an exception. Such


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Special Permits shall be granted if all other provisions of this by-law are met,and if the following criteria are also met:

.01 The uses is not likely to generate more auto trips both to and from the premises atthe busiest hour of a normal operating day than is given by the number IO

multiplied by the number of acres contained in the lot. The estimation of likelyauto traffic will be based on current available experience with the type and size ofthe use in question.

.02 Space for off Street Parking will be provided which is at least twice the floorarea of all structures on the lot, and this parking arrangement will require no

backing out onto the public right of way..03 All outdoor parking of trucks and unregistered vehicles, as well as storage,

loading and service areas will be adequately screened from the view of roadsand / or adjacent residencies.

.04 There will be no odor, dust, fumes, glare, or flashing light which is perceptiblewithout instruments more than 200 feet from the boundaries of the lot in

question, except for warning devices, construction or maintenance work, orother special circumstances.

.05 the use will not cause continued erosion of the land or increased surfacedrainage for the lot.

.06 the use will not cause pollution of the surface or groundwater; saltwaterintrusion into water supply wells; or an inadequate water supply to meet theanticipated demand of the proposed activity or of those existing or permissibleon adjacent properties.

.07 No temporary or mobile structures not otherwise permitted under this by-lawwill be used or stored except if incidental to a fair, a special event, or a publicconstruction project, and then only if for no more than 60 days.

.08 Where possible, the site design will preserve and enhance existing trees over 12inch caliber, water course, hills and other natural features, as well as vistas,ocean views and historic locations, and will minimize the intrusion into thecharacter of existing development.

.09 the use will not cause the destruction of wildlife habitats, damage to wetlands orlittoral ecology, damage to marine fisheries and shellfish, or any unnecessarydecrease in agriculture use of potential productivity of the land.

.10 A swimming pool and tennis court may be considered accessory to the use of adwelling provided that:

- Such a pool or court is used only by the residents of a dwellingand their guests,

- No portion of the pool or court is located within fifty (50) feet ofany boundary line of said lot,- The pool is securely fenced to a height no less than five (5) feet,- The location will not interfere with the enjoyment of the view,- Any lighting used in connection with a swimming pool or tennis

court shall be by permit issued by the Building Inspector. Suchpermit shall not be issued if the lighting to be constructedunreasonably illuminates neighboring property,

And conditions in regard to filling a pool and disposal of poolwastewater shall be set by the local Board of Health.

.11 No pre-existing stone wall shall be moved, removed, or otherwise altered,

except by special permit.


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02.40 PERMITTED USES IN A MARINE COMMERCIAL DISTRICT Thefollowing uses are permitted in a Marine Commercial District:

.01 The harvesting and processing for fish and shellfish;

.02 the servicing, repair, and storage of boats, provided that no more than four boatswill be stored or assembled there;

.03 religious, educational, or municipal uses;

.04 fan-n, forest, plant nursery, or other agricultural, aquacultural, or horticulturaluse;

.05 any use customarily accessory to and clearly incidental a permitted use on thelot, but not including the use or storage of tents, trailers, mobile homes,camper vehicles, and other temporary or portable dwellings or structures.

02.50 USES BY SPECIAL PERMIT IN A MARINE COMMERCIAL DISTRICTAny commercial or industrial use not specifically permitted above, inclusive of

Marinas and boat repair yards of larger size, which are not prohibited by other provisions ofthis by-law and which are dependent on marine transportation, or marine products, or which

are dependent on transportation, or marine products or which service marine transportation, arepermitted in a Marine Commercial District, but only if the Planning Board grants a specialpermit for an exception. Such permits shall be granted if all other provisions of this by-law aremet, and if the criteria listed in Section 02.40 are also met.

02.60 SIGNSThere shall be not more than one sign per lot, and that sign may only be used to

identify the premises or to refer to products or services available there. All signs shall be under

6 square feet in size with no moving or flashing elements and shall be unlighted unless by asteady white reflected light.

02.70 HAZARDOUS USEIn any district, no use any building or parcel of land may be established which is

hazardous to health, or dangerous due to the possibility of fire, explosion, or other cause.

02.80 CLEAR CUTTING OF TREES There will be no clear cutting of trees on any lot except by Special Permit from thePlanning Board Plan Review Committee. (This forbids removal of all living trees over 3 inches

in caliber on an area greater then 200 square feet or removal of any living tree 9 inches inwidth at the base, or any living tree 3 inches to 9 inches in caliber when there is no other treewithin a 25foot radius).

02.90 STONE WALLS

No pre-existing stone wall (No stone wall existing as of June 1, 1995) may be removed,altered or moved except by Special Permit from the Planning Board Plan Review Committee.

3.00 DIMENSIONAL AND DENSITY REGULATIONS

03.10 MINIMUM LOT SIZES

No existing lot shall be changed in any size or shape so as to result, if developed,in a violation of any of the dimensional regulations set forth below. No structures may be


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erected on any lot which is less than 2 acres in extent, except as provided by the rules forcompact siting in Section 06.30 below, or unless that lot is a pre-existing lot as provided inSection 13.00.

03.20 ADDITIONS/ STRUCTURAL DENSITY

On any lot, the total enclosed floor area of all structures may not exceed 3,500square feet for every 2 acres contained in that lot, except as provided in Section 13.00, and

providing also that this limitation shall not restrict the interior area of any single-familyresidential building; the interior are of any single family residential building on a lot shall beincluded in determining the limitation imposed by this section on all other structures on suchlot.

Additions to existing structure may be allowed by special permit from thePlanning Board Review Committee provided that any such addition is less than five hundred500 ) square feet in area.

03.30 USE DENSITY

On any lot, there may be no more than one dwelling for every two ( 2 ) acrescontained in the lot. No commercial enterprise may occupy the same lot as a dwelling unit,unless it is a home occupation accessory to the dwelling.

03.40 SETBACKAll structures shall be set back at least thirty feet from any lot line, and at least

forty feet from Old Lobsterville, Old Church and Old South Roads, except as provided inSections 06. 1 0 and 07.20 structures shall be set back at least 150 feet from Moshup Trail.

03.50 BUILDING HEIGHTThe highest point in any structure may not be more than 24 feet above the natural

grade** within 20 feet of the structure. Slender and unoccupied projections customarilycarried above the roof, such as chimneys, spires, flagpoles and windmills may rise forty (40)feet above the grade, or higher by special permit from the Planning Board where they will not

block or damage the view from roads and / or adjacent residencies.

03.70 UNDERGROUND PETROLEUM STORAGE TANKS.01 No storage facility shall be installed unless the owner shall have first obtained a

permit from the Board of Health..02 The owner of every storage facility that has been installed prior to the effective date

of this by-law shall apply to the Board of Health, within six months of the effectivedate of this by-law, for a permit to maintain the storage facility.

.03 No replacement or modification shall be made to any existing underground fuel

storage facility until the owner has a pen-nit from the Board of Health to carry onsuch activity.

.04 A complete copy of this by-law is on file for public inspection at the Gay HeadTown Hall.

03.80 MINIMUM FRONTAGEAll lots shall have a minimum frontage of 200 feet on

public or private way.

DISTRICT OF CRITICAL PLANNING CONCERN

04.00 SPECIAL OVERLAY DISTRICT

Special Overlay District is district with separate regulations which are


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Superimposed on the designated zoning districts. Where there is a conflict between the zoningby-law and a Special Overlay District regulation or restriction, the more limiting shall prevail.

04.10 ISLAND ROAD DISTRICT.01 MAJOR ROAD ZONE - To allow for safe access and travel along the

roads, protect the visual character, diversity of landscape and historicfeatures of the journey along the roads, and maintain and enhance theState Road System as major public facility.

.02 SPECIAL WAYS ZONE - To protect historic places, to retain theseways open primarily for uses such as walking and horseback riding,

but not developed as a primary vehicular route except for access toproperties where no alternative access exists.

04.20 GOALS

04.30 BOUNDARIES

.01 MAJOR ROAD ZONE - Within two hundred ( 200 ) feet of the right -of way of State Road, Moshup Trail, Lobsterville Road and LighthouseRoad.

.02 SPECIAL WAYS ZONE - Within two hundred ( 200 ) feet of thecenterline of Lobsterville Road, Old South Road, and Old ChurchRoad.

04.40 PERMITTED USES WITHIN THE ISLAND ROAD DISTRICT.01 USES PERMITTED - Any use as permitted in the respective zoning

district..02 GENERAL REGULATIONS:

No stone wall shall be moved, removed, or otherwise altered,except by a special permit.Any additional vehicular access to the public road must not

result in direct vehicular access to the lot and must be at least 1,000feet, measured on the same side of the road, from any other vehicularaccess and such accesses shall not be greater than 12 feet in width,except that if this requirement would prevent at least one ( 1 ) accessto a public road from each lot held in separate ownership from thelots contiguous thereto as of December 22, 1975, each lot shall beallowed a single access which shall be located as far as practicable

from all other such ways located on either side of the road. No land shallhereafter be divided or sold if such lot or lots would not entitles to a way

to provide vehicular access to a public way as provided herein. Variations fromthis requirement may be allowed by special permit from the Planning BoardPlan Review Committee, provided safety and the visual character of the road areassured.

04.50 REGULATIONS AND RESTRICTIONS FOR THE MAJOR ROAD ZONE.01 HEIGHT OF STRUCTURES


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Structures erected within the zone shall not, except by special permit, exceed a heightof eighteen ( 18 ) feet for a pitched roof and thirteen ( 13 feet for a flat or shed roof ( Aflat being a roof with a pitch of 1 in 4 or less)..02 USES PERMITTEDAny use permitted in the respective Zoning District, subject the regulations and

restrictions in subsection 04.51 and 04.42.

05.00 REGULATIONS AND RESTRICTIONS FOR THE SPECIAL WAYS ZONE

05.10 USES PERMITTED.01 Any use permitted in the respective Zoning District, provided that the

development does not result in direct vehicular access to the special way,subject to the regulations and restrictions in subsection to the regulations andrestrictions 04.42, 05.42 and 05.43.

05.20 USES BY SPECIAL PERMIT

.01 Any uses permitted by special permit under the Town Zoning by-law, subjectto regulations and restrictions in subsection 04.42, 05.41, 05.43 which resultin direct vehicular access to the special way.

05.30 USES NOT PERMITTED.01 Any development within forty ( 40 ) feet of a special place of historic value,

as listed on the special places register of the Martha's Vineyard Commission.

05.40 SPECIAL REGULATIONS.01 No way or road shall be constructed within the Special Ways Zone which

exceeds a width of twelve ( 12 ) feet.

.02 No fences, walls, or structures shall be erected, placed or constructed withintwenty ( 20 ) feet of the centerline of the Special Way.

.03 No Special Way shall be paved with any impervious material.

06.00 SPECIAL PLACES DISTRICT

06.10 BOUNDARIES.01 The land and water lying within one hundred ( 100 ) feet of the

extreme high water mark of Occoch Pond..02 The land lying within one hundred ( 100 ) feet of Toad Rock, Clay

Pits, Mittark's Grave, Silas Paul's Grave, Gay Head Pound, Cook's

Spring, Gay Head Baptist Church and Parsonage, Old IndianCemetery, Indian Burial Grounds Lot #I, Indian Burial Ground - OldLobsterville Road, Gay Head School, Deacon Simon Johnson Houseand Occouch Pond.

06.20 USES PERMITTED.01 Uses will be permitted within the District which do not require the

construction, erection, installation, or placement of any structure,sanitary disposal facility, road or way, or fence within the District.Such uses may include outdoor recreation (including hunting,trapping or fishing conservation purposes, agricultural purposes, etc.

06.30 USES BY SPECIAL PERMITConstruction within one hundred ( 100 ) feet of the Special Place shall only be by


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Special permit from the Planning Board Plan Review Committee if it finds that the proposedconstruction is in harmony with the cultural and historic aspects of the site.

07.00 COASTAL DISTRICT

07.10 GOALSTo prevent flood damage, maintain water quality, assure adequate water supply,

prevent pollution, promote wildlife habitats, assure the maintenance of cultural and historicsites and values, preserve and enhance the character of views, prevent damage of structures,land and water as a result or erosion, promote economic development of fisheries and relatedindustries, and maintain and enhance the overall economy of the Island.

07.20 BOUNDARYThe land, streams and wetlands which lie below the ten (10) foot elevation

above mean sea level, or within five - hundred (500) feet at the inland edge of any beach ormarsh grasses behind mean high water of the Sound, the Ocean, Menemsha Pond, or

Squibnocket, and all land and water lying south of the line beginning at the point where thecircular road, (the loop) at the intersection of State Road and Lighthouse Road is five hundred(500) feet inland from mean sea level thence around the circular road to the South and East toMoshup Trail, then easterly, southerly, northerly and then easterly along Moshup Trail to theState Highway, thence easterly along the State Highway to the Gay Head - Chilmark Town

boundary, excluding

therefrom the common Lands described in "Zoning by-law Map, Town of Gay Head,Massachusetts, December 9, 1976, Prepared by the Martha's Vineyard Commission."

07.30 PERMITTED USES

.01 Any use as permitted in the respective Zoning District subject to theregulations and restrictions in Section 02.00, Section 03.00.01,.02, .03,.04,.06, Section 05.00 and subsection 05.30, 05.41, 05.42 and05.43 of this section.

.02 The height of structures, as measured vertically from mean naturalgrade within twenty (20) feet of the structure to the highest point ofthe roof, is restricted to:

eighteen (18 ) feet for a pitched roof and thirteen ( 13 feet for aflat roof or shed roof ( which is a roof of pitch 1 in 4 less ), inwooded terrain.twenty-four (24 feet for a pitched roof and thirteen ( 13 feet for a

flat or shed roof ( which is a roof of 1 in 4 or less.03 New utilities shall be placed underground..04 In the Coastal District section 7.00, height shall be measured from the

base flood elevation.

07.40 USES BY SPECIAL PERMIT FROM THE PLANNING BOARD PLANREVIEW COMMITTEE.01 Construction of building or structure within two hundred (200) feet of

wetlands, waterbodies, beaches, dunes or the crest of bluffs over 15feet high.

.02 Within one hundred (100) feet above features, special permit may

only be granted for a fishing related marine commercial structure..03 Vehicular access with width greater than twelve (12) feet.


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.04 Pre-existing stone wall to be moved, removed or otherwise altered.

08.00 FLOOD PLAIN ZONE

08.10 PURPOSEThe Town of Gay Head recognizing the dangers inherent upon coastal flooding

at times of hurricanes or severe storms and as a means of protecting its' citizens and theirproperty, hereby establishes a series of Flood Plain Overlay Districts and Zoning Regulationsfor construction of structures and for the use of the land within these districts. Such districtsare defined as shown on the flood Insurance Rate Map (FIRM), as published by the FederalEmergency Management Agency effective September 29, 1996, as amended, accompanied byGay Head's Flood Insurance Study and on file with the Town Clerk, Planning Board andBuilding Inspector.

.01 Base Flood Elevation Levels - The coastal area of the Town of Gay Head shall have Base

Flood Elevation Levels established as Zones A.E and V.E

.02 Flood Plain Permit - Permits for all proposed construction and uses of land within thePlain Districts shall be required for the following:- New construction of residential or non-residential structures.- Substantial improvement (as defined) of any existing structure.- The addition to existing structures of increased water, electric or sewage and

septage systems shall conform to the rules and regulations adopted by the Board ofHealth.

- Alterations of the land (as defined

08.20 REQUIREMENTSAll old Planning Permits granted under section above shall be subject to thefollowing provisions:

.01 Any new construction or substantial improvement to be undertaken withinthe Flood Plain District shall be subject to existing regulations and be inaccordance with Mass. State Building Code, or Town by-laws if morerestrictive.

.02 All new and replacement utility and water facilities shall be located andconstructed to minimize or eliminate flood damage.

.03 All new and replacement sanitary sewage systems shall be designed tominimize or eliminate infiltration of floodwater into the system and

discharge from the systems into flood waters. On-site waste disposalsystems are to be located to avoid impairment to them or contaminantfrom them during flooding.

.04 Approval for any alteration of the land form (as defined) shall beobtained from the Board of Appeals by special permit. No alterationof the land form shall be permitted where there may be liability ofaltering the drainage or run-off to the detriment of other landholdersor the Town. Before granting a special permit for the alteration of theland form, the Board of Appeals shall dully consider anyrecommendations by the Conservation Commission and the PlanningBoard.

08.30 ADDITIONAL REQUIREMENTS IN VELOCITY ZONES -


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If proposed construction or alteration of the land is located within a V Zone (asdefined), all Flood Plain Permits granted under Section 08.20 above shall be subject to thefollowing additional requirements:

.01 All new construction within the V Zones (as defined) shall be locatedlandward of the reach of mean high tide.

.02 Man-made alterations of sand dunes within the V-Zones is prohibited.

08.40 SPECIAL PERMITS.01 The Board of Appeals may grant a special permit in the case of:

New construction and substantial improvements to be erected on a lot adjacentto lots where existing structures have previously been constructed below the

base flood level.

Non-residential structures such as boat houses, boatyards or structures designedfor education and research, the nature of which requires their location withinthe Flood Plain District.

Restoration and reconstruction of structures listed in the National Register ofHistoric Places or the State Inventory of Historic Places.

.02 Special Permits shall only be issued upon a determination by the Board of Appealsthat:

Failure to grant the special permit will not result in increased flood heights,additional threats to public safety, extraordinary public expense or conflict withthe existing local by-laws, and, - the relief granted is the minimum necessaryconsidering the flood hazard.

.03 Following the granting of such a special permit, the Board of Appeals shall notify theapplicant in writing that the issuance of special permit to construct a structure belowthe base flood level will result in:

increased premium rates for flood insurance and, increased risk to life andproperty..04 The Board of Appeals shall maintain a record of special permits including the

justification of their inssuance..05 When the nature of the structure requires their design with a lowest floor below the

base flood elevations.

08.50 ADMINISTRATIONThe Building Inspector shall administer the by-laws as follows:.01 Review proposed construction and alteration of land form (as defined within Flood

Plain Districts to assure that all necessary permits have been received from thosegovernmental agencies from which approval is required by Federal or State law, or

Town by-law..02 Obtain and maintain records of the elevation (in reaction to mean sea level) of thelowest floor, including basement, of all new or substantially improved structures. Inaddition, maintain records as to whether or not such structures contain a basement.

.03 If a structure has been flood-proofed obtain and maintain records of the elevation (inrelated to mean sea level) of the lowest floor and the elevation to which the structurewas flood-proofed. In addition, maintain records of flood proofing certification, whichhave been prepared by

Registered professional engineers and architects in relation to the adequacy offlood proofing methods.

09.00 MOSHUP TRAIL CULTURAL AND HISTORIC DISTRICT OF

CRITICAL PLANNING CONCERN REGULATIONS IN THE GAYHEAD ZONING BY-LAW


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09.10 USE REGULATIONS

09.20 SIGNSThere shall be no signs in the Special Overlay Moshup Trail Cultural and Historic

District of Critical Planning Concern unless by special permit from the Planning Board PlanReview Committee. Requirements for Development in a Special Overlay Districts which areimposed in addition to the requirements of the Underlying District.

09.30 CONSTRUCTIONIn order to minimize visual prominence of man-made features, avoid erosion or other

land instabilities and otherwise preserve the cultural, historic and visual integrity of theMoshup Trail Cultural and Historic District of Critical Planning Concern, the following shallexist.

.01 A Special Permit shall be reviewed from the Planning Board Plan ReviewCommittee for the siting of a building on its lot. Buildings should be sited on or

least near the side slope of a valley and never into the center of a valley.Buildings should not be sited at the top of a slope where their entire mass will

be starkly silhouetted against the sky. Building should be sited down the gradeso

that the slope contains the building (s ) and serves as a partial backdrop for them.02 Buildings shall be constructed of natural wood shingles with neutral trim color

(refer to Section 15.00 Definitions)..03 Roofing Materials shall be black asphalt or cedar shingles..04 Building foundations shall be no more than 18 inches in height from the median

natural grade without a special permit from the Planning Board Plan ReviewCommittee.

.05 Accessory structures and additions to pre-existing structures shall conform inmaterials, scale and proportion to the principal structure. In cases where pre-existing structures are not compatible with the requirements for construction,accessory structures shall conform to the requirements for new construction(Numbers .02 through .04 above)

.06 All structures shall be set back at least 150 feet from Moshup Trail

09.40 VEHICULAR AND PEDESTRIAN WAYS

In order to maintain the visual integrity and to promote public health and safety,no driveway (i.e. curbcut) shall be permitted within the Moshup Trail Cultural and Historic

District of Critical Planning Concern, without a special permit from the Planning Board. ThePlanning Board Review Committee shall consider but is not limited to the following criteria ingranting a special permit.

.01 Road Frontage of Lot (s);

.02 Frequency and duration of use;

.03 Driveway layout or alignment on the lot (s);

.04 Safety (line of obstruction vision to the public road

.05 Ability to share joint access with adjacent property owner (s

.06 The use of pervious paving materials such as gravel, bluestone, crushedshell or wood chips shall be employed.

09.50 STONE WALLS AND FENCES


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In order to minimize the visual prominence of man-made features and otherwiseprotect the cultural, historic and visual integrity of The Moshup Trail Cultural and HistoricDistrict of Critical Planning Concern, a Special Permit will be required by the Planning BoardPlan Review Committee for new stonewalls and fences. No pre-existing stone wall shall bemoved, removed, or otherwise altered, except by special permit.

09.60 PRIVATE PARKING AREASWithin the Special Overlay Moshup Trail Cultural and Historic District of

Critical Planning Concern, a special permit shall be required by the Planning Board PlanReview Committee for a private parking area on a lot (refer to Section 15.00 Definitions). ThePlanning Board Plan Review Committee shall consider but not limited to the following criteriain granting a special permit.

.01 Access to the parking area;

.02 Citing or placement of a parking area on a lot;

.03 The number of cars allowable on a lot;

.04 Frequency and duration of the use of a parking area;

.05 Pervious paving materials such as gravel, woodchips, bluestone. orcrushed shell shall be employed; and

.06 Adequate screening with plants and shrubs as recommended by the SiteReview Committee. No commercial parking area will be permitted except those which benefitthe Townspeople, such as Philbin Beach. In order to preserve the visual integrity of theMoshup Trail Cultural and Historic District of Critical Planning Concern, no person (s) shall

place, store or maintain unregistered motor vehicles on these lot (s

09.70 DIMENSIONAL AND DENSITY REGULATIONS

09.80 BUILDING HEIGHT

Roof types other than gable or hip, flat or shed, added roof walks and / orsecond story porches on new or pre-existing structures shall require a special permit from thePlanningBoard Plan Review Committee within the Moshup Trail Cultural and Historic District ofCritical Planning Concern (refer to Section 15.00: Definitions). The highest point in anystructure may not be more than twenty-eight (28) feet above mean natural grade within twenty(20) feet of the structure. However, the highest point may be no more than eighteen (18) feet,for a gale or hip roof an thirteen (13) feet, high for a flat or shed roof in open areas within thisSpecial Overlay District, except by special permit from the Planning Board Plan ReviewCommittee, butslender and unoccupied projections customarily carried above the roof, such as chimneys

spires, flagpoles and windmills may rise forty (40 ) feet above that grade, or higher by specialpermit from the Planning Board where they will not block or damage the view from roads and /or adjacent residences.

09.90 CONSERVATION REGULATIONS

09.95 CLEARINGS AND VEGETATIONWithin the Special Overlay Moshup Trail Cultural and Historic District of

Critical Planning Concern, there shall be no removal of ground cover, shrubs, or trees in anyarea without a special permit from the Planning Board Plan Review Committee. Within thedistrict, planting shall be indigenous or easily naturalized plant types and materials (refer to

section 15.00 Definitions, and to Suggestions for planting material on file with the Site Review


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Committee in the Town Clerk's Office). No special permit shall be required for a vegetable,herb or plant garden not exceeding 100 square feet.

10.00 GAY HEAD CLIFF AREA DISTRICT OF CRITICAL CONCERN

10.01 GOALSTo protect the fragile historic, scenic and natural character of the Cliff Area from

undue visual intrusion and land use impacts that may be harmful to the District and its users.The Gay Head Cliffs were designated a National Natural Landmark in 1965 by the U.S.

Department of the interior as they represent an important example of Nation's natural historyand contain geological features of such distinctive quality to be of national significance. Thearea contains unusual geological features, increasingly being damaged by wave action and,more importantly surface runoff and human use.

The District is readily visually accessible along the length of Moshup Trail and from thepopular stopping area and lookout at the gay Head Cliffs and Lighthouse Property. Landwithin the District is also visible from the water.

The complexity of the geology and soils of the District demonstrate intense development,including well and septic system placement and installation, may necessitate careful scrutiny toavoid contamination, erosion, pollution, salt water intrusion and construction problems.

These regulations are intended as an additional layer of protection as an "overlay"District and to protect the resources as described herein. The provisions of this district shallnot replaceor preempt, but rather exceed provisions of the Coastal District, Island Road District, MoshupTrail District and other relevant controls in the Town of Gay Head.

10.02 BOUNDARYAll land in the Town of Gay Head beginning at the juncture of the south east

bound of lot 47 map 6 and Lighthouse Road, running easterly along the eastern bound of saidlot; thence northerly along the eastern bound of lot 48, Map 6 to the Cliff s edge; then westerlyand southerly and southeasterly along the Gay Head Cliff s upper edge to the northwest boundof lot 5 7, Map 1 0; thence easterly along said lot's northern bound to Moshup Trail andnortherly along said trail crossing the middle of the intersection of South Road and LighthouseRoad and continuing along the northern bound of Lighthouse Road to the point of origin.

10.3 USES REQUIRING A SPECIAL PERMIT

I. A special pen-nit be required from the Planning Board Plan Review Committee for any'development" as that word is defined in Chapter 83 1, Section 6 of the Acts of 1977 as

Amended namely:a. The siting of a building, structure or dwelling on its lot includingprimary and accessory dwellings and or buildings, and additions to anyexisting or pre-existing buildings, structures or dwellings.

b. The removal of ground cover, shrub, trees from any lot in the District.No special permit shall be required for a vegetable, herb or plant gardennot exceeding 1000 square feet.

C. The placement of driveways, vehicular paths, pedestrian paths andprivate parking areas.

d. The removal, replacement or erection of fences and stone walls in theDistrict and stairways traversing Cliffs or bluffs.

e. The siting of wells, septic systems and subsurface, surface drainage orrunoff systems prior to installation.


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f. Also including but not limited to: any building, mining, dredging,filling, excavation, or drilling operation; or any material change in the use or appearance of anystructure of in the land itself; or the diving of land into parcels; or a change in the intensity ofuse of land, such as an increase in the number of dwelling units in a structure; or alteration of ashore, beach, seacoast, river stream, lake, pond or canal, including coastal construction; or

demolition of a structure; or the clearing of all land; or the deposit of refuse, solid or liquidwaste or fill on a parcel of land.

2. An applicant seeking a special permit shall submit an application to thePlanning Board Plan Review Committee.

a. An application shall be accompanied by a proposed schedule for allphases of development activities and a site plan or plans showing pre andpost construction conditions; types and sizes of machinery and paths andareas to be traveled by such; methods of construction and installation;including

topography, removal and replacement of vegetation, wetland areas, siltation barriers, plans and

elevations and materials of all structures, location of utilities, access roads or paths, septicsystems and water supply facilities and any other information which will allow the PlanningBoard Plan Review Committee to determine the effects of the proposed development on:

1 . Coastal banks, cliffs and wetlands2. Vegetative cover serving to stabilize landforms.3. Views within and looking at the site.

4. Surface and groundwater resources, in particular any adverse effects, e.g.contamination, siltation, erosion and salt water intrusion.

5. Upon receipt of the special permit application, the Planning Board Plan ReviewCommittee shall refer the application to the Site Review Committee pursuant to Section 14.00

of the by-laws, the Planning Board Plan Review Committee shall grant a special permit onlyafter public notice and hearing and only if it finds that the proposed development:a. Will minimize the disturbances to existing vegetation except as to the

footprint of the proposed structure;b. Has been designed to minimize obstruction of views of public waters,scenic and historic structures and natural and open landscapes from within andwithout the site.C. Will not unreasonably contribute to surface and groundwater pollution,

in particular, contamination, sitation, erosion and salt water intrusion.d. Engineering studies prove that the placement of wells and septics will

prevent septic system effluent breakout along steep slopes and vertical

cracks forming parallel to the Cliffs or steep slopes.

4. If the Planning Board Plan Review Committee determines that the proposeddevelopment does not satisfy the above stated criteria, and that the goals of these Regulationswill be undermined, it may, in furtherance of the goals of these Regulations requiremodifications to the plans and attach conditions to the special pen-nit, or may deny the special

permit.

5. Additional Restrictionsa. Height of structures, as measured vertically from mean natural grade

within 20 feet of the structure to the highest point of the roof, shall not, except by special pen-

nit, exceed a height of 18 feet for a pitched roof and 13 feet for a flat or shed roof. The


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Planning Board Plan Review Committee may, with the advice of the Site Review Committee,grant a special permit excluding the above height limitation up to a maximum of 24 feet.

b. There shall be a no build /no cut zone within 150 feet of the crest ofbluffs and cliffs, established by a registered land surveyor, at the time a project is proposed anda Special Permit is applied for, within the District. The only permitted use shall be for the

signage, fencing or landscaping (planting) under the explicit written advice of the Site ReviewCommittee and consistent with subsequent design guidelines and a joint management plan thatmay be adopted for the District.

C. No further subdivision of property within the District.

6. A variance may either be granted for land where the imposition of regulations

would otherwise deprive a landowner of all other reasonable uses; or are demonstrated by aLandowner to be unreasonable.

10.20 BOUNDARY DESCRIPTION

The Moshup Trail Cultural Historic District of Critical Planning Concernincludes the area shown on the map in the " Moshup Trail; site designguidelines book" dated September 1982, and the expanded boundaries asnominated by the Martha's Vineyard Commission in August of 1995.

1 1.00 CONSERVATION REGULATIONS

1 1. I 0 CONSERVATION AREASThese conservation areas are intended to include those areas regulated by Chapter

13 1, Section 40 of the General laws, and also to include all land which is less than 10 feetabove mean high water. No structure may occupy, nor may any grating, excavation, or filling

be done in any wetland, land subject to flood, cliff, beach, or dune immediately behind a beachexcept by special permit from the Planning Board and subsequent review and approval by theConservation Commission. In granting a special permit, the Board must be satisfied that therewill be no irreversible damage to the natural resources of the Town, and no hazard to the healthor safety such as might arise from pollution, the backing up of sewage, increased flooding,structural damage, lack of safe egress, or a rupture of utility systems.

11.20 EXCAVATIONNo grave, loam, sand, or clay or stone may be removed from any site without a

special permit from the Board of Selectmen.

11.30 USE OF WATER AREASThere may be no shellfishing in any body of water or disturbance of its bed orbank without a permit from the Board of Selectmen, in accordance with General lawsChapter130, Section 52.

11.40 CLEARINGS AND VEGETATION

1. There shall be no clear-cutting of trees in any area over 1/2 acre,

without a Special Permit from the Planning Board.

12.00 REVIEW OF DEVELOPMENTS

12.10 COMPACT CITING


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The Planning Board may, by Special Permit, allow that no more than 20dwellings with their normal accessory use be placed on a continues group of lots of no lessthan 500 square feet each, and with side and rear, but not street setbacks reduced to no less than10 feetfrom the lot lines, provided this group of lots is immediately adjacent to an open area whose

extent, together with the house, equals at least 2 acres multiplied by the number of dwellings.The Board must also find:

.01 The open area is legally established to remain permanently unbuildable,permanently associated with those dwellings lots, and owned andmaintained by their owners;

.02 satisfactory and permanent provision is made for water supply andsewage disposal without cost or responsibility to the Town of Gay Head;

.03 and the resulting compact development will be superior to conventionaldevelopment in reserving open space, utilizing natural features, andallowing more efficient services while not being inferior to conventionaldevelopment in any other respect.

12.20 DEVELOPMENTS OF REGIONAL IMPACTDevelopments which meet the qualifications as Developments of Regional Impact

will be referred to the Martha's Vineyard Commission for review under the provisions ofChapter 637, and Chapter 831 of the Acts of 1977, as amended. No Permit or Special Permitsmay be issued for such developments, which have been so referred until the Marthas VineyardCommission has approved, or approved with conditions, and referred the proposal back toTown for action.

13.10 PRE-EXISTING LOTS

Any pre-existing lot containing an area of at least 5, 000 square feet and held in

separate ownership from any adjoining land may have erected on it any structure otherwisepermitted on a lot of the minimum allowable area even if the pre-exiting lot does not complywith the minimum area requirements.

13.20 NON-CONFORMING USESAny pre-existing structure or use of structure or land -which does not conform to

the provisions of this by-law or any amendment thereto may nevertheless continue in that use.It may also be changed to conform to the provisions of the by-law at any time. Any such non-conforming use or structure may be extended or altered by a special pen--nit from the PlanningBoard provided that the alteration bears a reasonable relationship to the original size and natureof the non-conforming use, and that the Planning Board finds that the change, extension or

alteration shall not be substantially more detrimental than the existing non-conforming use tothe neighborhood. Construction or operations under a building or Special Permit shall conformto any such subsequent amendment of this by-law unless the use or construction authorizedthereby is commenced within a period of not more than six months after the issuance of the

permit and incases involving construction, unless such construction is continued through tocompletion as continuously and expeditiously as is reasonable. If anon-conforming use or structure is damaged or destroyed it may be restored to its previousnonconforming status. Non-conforming uses or structures abandoned or not used for a periodof not less than five years shall not thereafter be revived.

14.00 ADMINISTRATION

There shall be Site Review Committee acting in an advisory capacity to


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The Planning Board and Planning Board Review Committee. The Site Review may adopt SiteDesign Guidelines which may be revised from time to time and take into consideration thespecial characteristic of the District. The Site Design Guidelines shall be kept on file in theTown Clerk's office and copies shall be made available for inspection to applicants for special

permits. The Site Review Committee shall consist of the Building Inspector, one member

appointed by and from the Conservation Commission, Planning Board, Board of Health andSelectmen.

The Planning Board Plan Review Committee will receive applications for SpecialPermits within the Moshup Trail Cultural and Historic District of Critical Planning Concernand will refer the applicant to the Site Review Committee. The Site Review Committee shallreview the application and make a site visit to determine if the application conforms to theDistrict regulations and to suggest guidelines for development. The guidelines will be assisted

by the Site Design guidelines will be assisted by the Site Design Guidelines and non-bindingbut in tended to assist and advise. The Planning Board Plan Review Committee will be guidedby the comments, suggestions and recommendations of the Site Review Committee whengranting special permits. Special permits within the Moshup Trail Cultural and Historic

District of Critical Planning Concern will be granted only for proposals determined by the SiteReview Committee to be consistent with the purpose of the by-law as stated in Section 01.00and taking into consideration the special characteristics of the District.

14. 1 0 BOARD OF SELECTMENThis by-law shall be enforced by the Building Inspector acting under the Board of

Selectmen. No building shall be built or altered and no use of land or building shall be begunor changed without a permit having been issued by the Building Inspector, acting under theBoard of Selectmen. Permits not used within a year's time shall become void. Eachapplication for a permit shall be accompanied by such plans, surveys, and other data as may benecessary in the opinion of the Building Inspector to insure full compliance with this By-law.

If the Building Inspector is requested in writing to enforce the by-law, against any personallegedly in violation of the same and declines to act, he shall notify in writing the party whorequested such enforcement of any action or refusal to act and the reasons therefore within 14days of receipt of such request.

14.20 BOARD OF APPEALSThere is hereby established a Board of Appeals consisting of five members and two

associate members to be appointed by the Board of Selectmen as provided in Chapter 808 ofthe General Laws. the Board of Appeals shall have the power:

.01 To hear and decide appeals; an appeal hereunder may be taken by anyperson aggrieved by reason of his inability to obtain a permit or enforcement action from

any administrative officer under the provisions of Chapter 40 A of the General Laws, bythe Marthas Vineyard Commission or by any person, including an Officer or Board ofthe Town, or of the abutting Town aggrieved by an order or decision of the Inspector ofBuildings, or other Administrative Official, in violation of any provision of said Chapteror this by-law;

.02 and to authorize variances according to requirements of Chapter 808 of the GeneralLaws.

14.30 PLANNING BOARD PLAN REVIEW COMMITTEEIn addition to its customary responsibilities, the Planning Board shall hear and decide on

applications for special permits for exceptions as provided in this by-law; and as authorized by

Chapters 831 & 808 of the Massachusetts General Laws. When reviewing applications forspecial permits in Special Overlay Districts, the Planning Board shall be joined by a member


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appointed by and from the Conservation Commission and a member appointed by and from theBoard of Selectmen and shall function as both a Plan Review Committee and Special PermitGranting Board.

In granting any Special Permit, the Planning Board must be satisfied that the generalcriteria in Section 02.30 are met, as well as any special criteria for that type of Special Permit,

and it may impose such conditions and safeguards as it deems appropriate. It shall adopt rulesfor the conduct of its business and procedures for the submission of applications includingrequired maps, plans, views, and reports of other information.

14.40 SPECIAL PERMITSA Special Permit under this by-law shall only be issued following a public

hearing held within 65 days after the filing of an application with the Special Permit grantingauthority, a copy of which shall forthwith be giving to the Town Clerk by the applicant. ASpecial Permit granted under this by-law shall lapse one year from the granting thereof,including the time required to pursue or await the determination of an appeal under GeneralLaws Chapter 40A, Section 17, if a substantial use thereof has not sooner commenced except

for good cause or, in the case of permit for construction, if the construction has not begun bysuch date except for good cause. Use accessory to activities permitted as a matter of right,whether not on the same parcel as activities permitted as a matter of right, which activities arenecessary in connection with scientific research or scientific development or related productionmay be permitted upon the issuance of a Special Permit provided the granting authority findsthat the proposed accessory use does not substantially derogate from the public good.

14.50 SITE REVIEW COMMITTEEThere shall be a Site Review Committee acting in an advisory capacity to the

Planning Board and the Planning Board Plan Review Committee. The Site Review committeemay adopt Site Design Guidelines which may be revised from time to time, and take into

consideration the special characteristics of the Moshup Trail Cultural and Historic District ofCritical Planning Concern. The Site Design Guidelines shall be kept on file in the TownClerk's Office and copies shall be made available for inspection to applicants for special

permits.The Site Review Committee shall consist of the Building Inspector, one member

appointed by and from the Conservation Commission, Planning Board, Board of Health andBoard of Selectmen.

The Planning Board Plan Review Committee will receive applications for SpecialPermits within the Moshup Trail Cultural and Historic District of Critical Planning Concern,and will refer the applicant to the Site Review Committee. The Site Review Committee shallreview the application and may make a site visit to determine if the application conforms to the

District's regulations and to suggest guidelines for development and are non-binding butintended to assist and advise. The Planning Board Plan Review Committee will be guided bythe comment, suggestions and recommendations of the Site Review Committee when grantingSpecial Permits.

Special permits within the Moshup Trail Cultural and Historic District of CriticalPlanning Concern will be grated only for proposals determined by the Site Review Committeeto be consistent with the purposes of the by-law as stated in Section 14. 1 0 and taking intoconsideration the special Characteristics of the District.

14.60 ZONING ADMINISTRATOR

The Board of Appeals may appoint a Zoning Administrator, subject to confirmation bythe Board of Selectmen, to serve at its' pleasure pursuant to such qualifications as may be


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established by the Board of Selectmen. The Board of Appeals may delegate to said ZoningAdministrator, some of its powers and duties. Any person aggrieved by a decision or order ofthe Zoning Administrator whether or not previously a party to a proceeding, or any municipalofficer or board, may appeal to the Board of Appeals, as provided in Section 14 of Chapter40A of the General Laws, within 30 days after the decision of the Zoning Administrator has

been filed in the office of the Town Clerk. Any appeal, application or petition or filed with theZoning Administrator as to which no decision has been issued within 35 days from the date offiling shall be deemed denied and shall be subject to appeal to the Board of Appeals as

provided in Section 8 of Chapter 40A of the General Laws.

15.00 DEFINITIONS

DEFINITIONS:In this by-law the following terms shall have the following meaningsunless a contrary meaning is required by the context or specifically prescribed.

ACCESSORY: A building, structure or use which is subordinate to, and the use of

which is incidental to, that of the main building, structure or use of the lot.

ALTERATION OF THE LAND FORM: Any man-made change in the existing characterof the land including filling, grading, paving, dredging, mining, excavation, or drillingoperation other than routine excavation, well-drilling, back-filling, grading, and pavingincidental to the construction of a residence or other structure for which a building permit has

been issued.

BASE FLOOD ELEVATION LEVEL: The level to which coastal waters may rise underthe effect of wind, tide, and hurricane surge. Base flood means the flood having a 1% chanceof being equaled or exceeded in any given year. Base Flood Elevation Levels are measured in

feet above Mean Sea Level.

BLUFF: For purposes of this by-law, bluffs shall mean coastal elevation lying within 200feet of the mean high water mark any ocean or tidal pond, with a height exceeding 15 feet (asmeasured from mean high water to the crest of the bluff) and the slope of whose seaward faceexceeds 30 percent.

BODY OF WATER: Any exposed natural water surface, whether running, still,permanent or seasonal including but not limited to ponds, swamps, streams, ocean and springs.

BREAK AWAY WALL: Any type of wall whether solid or lattice, and whether

constructed of concrete, masonry, wood, metal, plastic or any other suitable building materialwhich are not part of the structural support of the building and which are so designed as tobreak away, under abnormally high tides or wave action, without damage to the structuralintegrity of the building on which they might be carried by flood waters.

BUILDING HEIGHT: Maximum height of structures as measured vertically from thenatural grade level to the highest point on the roof. The height of the balustrade of a roof walkor deck shall be considered when calculating building height of a structure.

DWELLING: A structure used in whole or part for human habitation. A dwelling doesnot include a mobile home however mounted, trailer or similar transportable facility.


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ONE FAMILY DWELLING: A dwelling, having no more than one principal entranceand one kitchen, designed, built and used for occupancy primarily by one and the samefamily except that when such family during any one time period may occupy the dwelling;

provided that no agreement or arrangement allowing such occupancy by the principaloccupying family shall provide for (I ) a right of occupancy extending beyond one calendar

year, ( ii renewal of occupancy for any additional period of time, or ( iii ) any payment offinancial obligation attributable to any period of time extending beyond one calendar year.

TWO FAMILY DWELLING: A dwelling into two separate habitat units each of whichhas a separate entrance, kitchen and toilet, each of which unit is designed, built, and used foroccupancy primarily by one and the same family except that when such family is not inoccupancy not more than one other family during any one time period may occupy such unit,

provided that no agreement or arrangement allowing such occupancy by other than theprincipal occupying family shall provide for (I) a right of occupancy extending beyond onecalendar year, ( ii ) renewal of occupancy for any additional period of time, or ( iii ) any

payment of financial obligation attributable to any period of time extending beyond one

calendar year.

FAMILY: One or more persons related by blood, adoption or marriage, livingtogether as a single, non-profit housekeeping unit, provided that no more than six personsunrelated by blood, adoption or marriage so living together shall be deemed a family.

FLOOR AREA: The total floor area on all levels having a ceiling height of 6 feet ormore and enclosed by walls and roof, inclusive of floored cellars and attics.

FLOOD PLAIN DISTRICT: Those areas subject to coastal flooding at the Base FloodElevation Levels established in Section 08.00 of this by-law. The Flood Plain District are

shown on the FIRM map on file in the Town Offices Building with the Town Clerk, PlanningBoard, and Building Official.

FLOOD PLAIN PERMITS: All permits required by Section 08.00, Paragraph I of theZoning by-laws and shall be in addition to all other pen-nits required by Town by-law, Stateand Federal Laws for the construction of a structure or alteration of the land form.

FLOOD PROOFING: Watertight with wall substantially impermeable to the passage ofwater and with structural components having the capability of resisting hydrostatic andhydrodynamic loads and effect of buoyancy. A registered professional engineer or architectshall certify that the flood proofing methods are adequate to withstand the flood depths,

pressures, velocities, impact and uplift forces and other factors associated with the flood base.

PRIVATE PARKING: A defined parcel of land owned privately by an individual (s),association, corporation, trust, or other organization which is used for parking on a regular

basis by one or more vehicles as an accessory to the principal permitted use of the lot.

ROOF TYPES:1. Flat: A roof with a single plane width not pitch or gable.2. Gable: The vertical triangle shape of a building wall above the cornice

height formed by two sloping roof planes.3. Hip: A roof with planes that slope toward the center from all sides.

4. Roof Walk: A porch enclosed by a balustrade placed on or around theroof a building.


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5. Second Story Porch: A structure attached to the second story of abuilding which serves as a semi-or fully enclosed space.

6. Shed: A roof with a single pitch and no gable.

CITING: The position of a structure in relation to the boundaries and size of the

lot on which it sits, the contour and general character of the landscape, other structure,driveways, walks, and vegetation.

STRUCTURE: A combination of materials assembled at a fixed location to give supportor shelter. A structure includes any building. A fence or wall over 6 feet high is considered astructure.

SUBSTANTIAL IMPROVEMENTS: Any repair, reconstruction or improvements of astructure, the cost of which equals or exceeds 50% of market value of the structure either (a)

before the improvements or repair is started, or (b) if the structure has been damaged and itsbeing restored, before the damage occurred. For the purposes of this definition substantial

improvement commences when the first alteration of any wall, ceiling, floor or other structuralpart of the building commences, whether or not that alteration affects the external dimensionsof the structure. The term does not, however, include any project for improvements of thestructure to comply with existing state or local health, sanitary, or safety code specifications,which are solely necessary to assure safe living conditions.

VELOCITY ZONES (V ZONES): Those direct coastal areas within a flood plain Districtwhich may be subject to extreme damage from the velocity of wave action or storm surge. TheV-Zones are shown on the Town FIRM Map on file in the Gay Head Town Clerk, PlanningBoard and Building Inspector Office's.

INDIGENOUS: Originating in, or innate to, a specific region or area.

LOT: A continuous parcel of land in single ownership with the legally definableboundaries.

MEAN SEA LEVEL: Whenever the Men Sea Level appears in this by-law, it shall be theMean Sea Level Datum of 1929, known as the National Geodetic Vertical Datum.

NATURAL: Existing in a condition that is not altered or improved in any way.

NATURAL GRADE: Established by determining the mid-point of the slope within the

footprint (perimeter measurements) of the building plan of any proposed structure. Abenchmark for the footings will be established by the Building Inspector; this will beaccomplished by review of elevation plans provided by applicant and physical inspection of the

property.

NATURALIZE: (Refers to vegetation) Plant materials which can be introducedinto a region or area and flourish as if they were native.

NEUTRAL: Colors which have no strong hue, intensity, or brightness. Examples areon file with the Site Review Committee in the Gay Head Town Hall.

OPEN AREA: An expanse of land which is characterized by low-lying groundcover,shrubs, or other vegetation.


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16.00 AMENDMENT: These by-laws may be amended from time to time at anAnnual or Special Town Meeting in accordance with the provisions of Chapter 808.

17.00 VALIDITY: The invalidity of any section or provision of this by-law shall notinvalidate any other section or provision of it.

18.00 PENALTIES: Any violation of this by-law shall be enforceable pursuant to theAuthority granted by the Massachusetts General Laws, Chapter 40, Section 21 D. Violationsshall be disposed of by the Building Inspector. Any person violating any of the provisions ofthis by-law shall be fined not more than two hundred dollars ($200.00) for each offense. Eachday that any violation is permitted to exist after written notification thereof by the BuildingInspector shall constitute a separate offense.

19.00 AMENDMENTS: Amendments approved by Town meeting May 12, 19 8 7.Amendments approved by Attorney General September 8,1987.

20.0 SUBDIVISION RULES & REGULATIONS: The rules and regulations for thesubdivision of land in Gay Head are legally part of the Zoning by-law; and may

be obtained at the Town Hall under separate copy.

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AQUINNAH ZONING BY-LAWS

FINAL

Approved: Town Meeting July 30, 1996

Approved by Attorney General September 26, 1996

(As Amended)

Approved by Attorney General July 16, 1997

(As Amended)Approved by Attorney General August 18, 1998

Approved by Attorney General February 22, 1999

(As Amended)

Approved by the Attorney General Oct. 5, 1999(As Amended)


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Documents

Zoning Bylaws