(Added by 10/17/05 Special Town Meeting; approved by Attorney General 12/12/05)
1. Purpose
The conduct of home occupations may be permitted under the provisions of this section. It is the intent of this section to allow home occupations which are and will continue to be clearly incidental and secondary to the principal use of the dwelling unit or the permitted accessory structure. The essential component of a home occupation is that it does not detract from the character of the existing land use.
2. General Standards
Home occupations are permitted only if they conform to the following conditions:
a. The home occupation shall be carried out only inside the principal dwelling, with the exception of yards used in conjunction with a family day care, and except as described in 3. below.
b. Except for a family day care, no more than twenty (20%) of the floor area of the residence shall be used for the purpose of the home occupation.
c. Not more than one (1) person not a member of the household shall be engaged in the home occupation.
d. There shall be no exterior display, no exterior storage of materials, and no other exterior indication of the home occupation or other variation from the residential character of the principal building other than an unlighted sign not to exceed two (2) square feet in area.
e. No equipment or process shall be used which creates offensive noise, vibration, smoke, dust, odors, fumes, heat or glare detectable to the normal senses off the premises.
f. No equipment or process shall be used which creates electrical interference in household devices off premises.
g. Traffic generated shall be accommodated off street, but not more than two (2) parking spaces shall be located within the front yard of the property.
h. No stock in trade shall be sold on the premises unless it is produced on the premises.
i. All materials and products shall be stored only within the dwelling, except as described in 3. below.
j. No more than one (1) commercial vehicle and one enclosed or flat bed trailer up to sixteen (16) feet in length and associated with a commercial activity may be parked on the property. Commercial vehicles shall be limited to the following types: passenger car, mini van, van, sport utility vehicle (SUV), pick-up truck or other truck not to exceed 14,000 pounds gross vehicle weight (GVW). If more than one commercial vehicle is parked on the property, at least one shall be parked in a garage or enclosed structure. Any commercial vehicle not parked in a garage shall be parked in a driveway that is at least five feet from any lot line and at least 15 feet from any off-premises dwelling, or within a screened area in a side or rear yard that effectively screens the vehicle from view.
k. The use or storage of heavy equipment or vehicles (over 14,000 lbs GVW) in weight, or enclosed or flatbed trailers greater than sixteen (16) feet in length, is expressly prohibited.
l. The principal residence of the owner/operator of every home occupation shall be the dwelling unit on the premises in which the home occupation operates.
m. Except for a family day care, in no case shall the home occupation be open to the public, including clients, visitors and deliveries, at times earlier than 8:00 AM nor later than 8:00 PM.
n. Home occupations should not generate significantly greater traffic volumes than would otherwise be expected in the particular residential area in which the home occupation is located.
o. Artificial outdoor illumination of any kind is prohibited other than outdoor lighting appropriate for residential dwellings.
p. A home occupation shall not allow shipments by vehicles not customarily making deliveries in a residential area.
q. No highly toxic, explosive, flammable, combustible, corrosive, radioactive or similar hazardous materials are to be used or stored on the premises in amounts that exceed those that are typically found in normal residential use.
3. Home Occupations Requiring a Special Permit
A special permit from the Zoning Board of Appeals is required for home occupations which are conducted partially or entirely within an accessory building. Any special permit issued for a home occupation pursuant to this subsection 3. shall be subject to the following conditions:
i. All materials and products shall be stored only within the dwelling and/or the accessory building.
ii. For home occupations that are partially or fully contained within an accessory building, the occupied space in the accessory building shall not exceed six hundred (600) gross square feet. The total gross square footage of a home occupation contained within both the dwelling and the accessory building shall not exceed seven hundred fifty (750) gross square feet.
4. Prohibited Occupations/Activities
The following occupations or activities are expressly prohibited as home occupations:
a. servicing, maintenance, or restoration of motor vehicles
b. trucking or warehousing activities
c. ongoing retail, show windows or displays
d. sale of articles, except as provided in 3. above
e. commercial stables or kennels
f. animal hospital
g. medical or dental clinics
h. bakery
i. bed and breakfast home or establishment
(Added by 10/15/07 Special Town Meeting; approved by Attorney General 1/23/08)
1. Purpose
The purpose of this section is to encourage the use of wind energy and to minimize the impacts of WECS on the character of neighborhoods, on property values, on the scenic, historic, and environmental resources of the Town; and to protect health and safety, while allowing wind energy technologies to be utilized.
2. Applicability
Municipal and commercial WECS are permitted principal uses and non-commercial WECS are permitted accessory uses, whether they are freestanding or building mounted, provided that they receive a special permit from the Planning Board, and that they confirm to the standards listed below.
3. Dimensional Requirements
WECS shall comply with the following dimensional requirements:
a. Freestanding WECS shall not exceed seventy-five (75) feet in height, measured from the average grade to the highest point reached by the blade arc, unless the Planning Board, pursuant to VI.G.2.a. of this bylaw, finds that:
(1) A greater height does not derogate from the purpose of this section as set forth in 1. above;
(2) The project proponent has demonstrated that the additional height is needed; and (3) The additional benefits of a higher tower outweigh any increased adverse impacts.
b. The maximum blade elevation of a building-mounted WECS at the highest point of blade arc shall be no greater than twenty (20) feet above the existing building height.
c. The minimum blade elevation for all WECS shall be no less than fifteen (15) feet above the ground at the lowest point of blade arc.
d. All WECS shall be set back at a distance equal to not less than one (1) times the overall height of the WECS from the nearest property line or traveled way. The required setback may be reduced by the Planning Board if it determines that a lesser setback will not present a risk to the public welfare nor adversely affect any other purpose of this bylaw.
4.General Standards
The following standards shall apply to all WECS, except for paragraphs a., c., and h., which shall only apply to freestanding WECS:
a. The only type of freestanding commercial or municipal WECS allowed are monopole towers.
b. Climbing access to WECS shall be adequately secured.
c. WECS shall be lighted only if required by the Federal Aviation Administration. Lighting of other parts of WECS, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties.
d. The noise level of WECS and associated equipment, as measured at the property line and nearest residence, shall:
(1) Be no greater than 10 dBA over the existing ambient noise levels; and
(2) Conform to Massachusetts noise regulations (3 10 CMR 7. 10). To facilitate the Planning Board's determination of compliance with this standard, the Applicant shall be required to submit an analysis, prepared by a qualified engineer that demonstrates compliance with these noise standards, as well as consistency with Massachusetts Department of Environmental Protection guidance for noise measurement, unless the Planning Board finds the manufacturer's data on noise sufficient to make this determination.
e. Electromagnetic Interference with radio frequency communication, traceable to the operation or location of WECS, shall be limited in accordance with all applicable sections of the Federal Communications Commission specifications.
f. WECS shall be inspected and serviced annually according to the manufacturer's maintenance manual and will be considered abandoned if not properly maintained for a period of one year or if designated a safety hazard by the Building Inspector.
g. WECS shall be painted a non-reflective color designed to blend with the surrounding environment.
h. All wires associated with WECS shall be located underground.
5.Submission Requirements
a. A plan indicating the proposed location of the proposed WECS, existing and proposed structures, aboveground utility lines and any other significant features or appurtenances;
b. Structural drawings of the WECS tower, including pad design and guy wire design, if applicable;
c. Drawings and specifications, including noise data, of the generator, hub and blades, electrical support facilities, including transformers, cables and control devices;
d. Drawings indicating method of making tower inaccessible to unauthorized personnel; and
e. An operating and maintenance manual.
6.Criteria for Review and Approval
a. A special permit shall be granted under this section if the Planning Board finds that each of the general standards set forth above have been met and that the location of the WECS is suitable and that the size, height and design are the minimum necessary for that purpose.
b. The Planning Board shall also impose, in addition to any applicable conditions specified in this section, such conditions as it finds reasonably appropriate to safeguard the neighborhood or otherwise serve the purposes of this section, including, but not limited to: screening, lighting, fences, modification of the exterior appearance of the structures, limitation upon size, method of access or traffic features, parking, removal upon cessation of use or other requirements. Such conditions shall be imposed in writing and the applicant may be required to post bond or other surety for compliance with said conditions in an amount satisfactory to the Planning Board.
c. The Planning Board may require the proponent to provide or pay for professional services to evaluate the proposal to determine the flexibility of geographic location, to analyze the loading capacities of the proposed structures, and to review camouflage and screening techniques.
d. The granting of a special permit for a commercial or municipal WECS shall be conditional upon a finding by the Planning Board that the proposal is in the public interest and provides substantial benefit to the community, the burden of proof which shall rest with the applicant.
e. Before it may approve the installation of a WECS, the Planning Board shall make a finding of fact that the locations of the facilities do not substantially adversely affect the surrounding area.
(Added by 10/20/08 Special Town Meeting; approved by Attorney General 1/28/09)
1. Purpose
The purpose of this subsection is to minimize community exposure to hazardous and toxic materials and provide easily accessible information to the public, emergency response personnel, fire department and other Town officials concerning such materials which are being used, stored or managed by any local persons or business. It is also the intent of this bylaw to protect, preserve and maintain the existing and potential groundwater recharge areas and surface drinking water supplies within the Town from contamination by hazardous and toxic materials.
2. Definitions
The following terms used in this section are defined in SECTION III. of the zoning bylaw, within the definition of Hazardous and Toxic Materials: hazardous wastes, hazardous materials, explosives, flammable and combustible liquids, flammable solids, and flammable gasses.
For the purpose of this subsection, "NFPA 704" means section 704 of the National Fire Protection Agency's National Fire Code, as amended, which establishes an industry standard for the identification and storage of materials that create a fire hazard.
3.Reporting
a. Any use permitted by this zoning bylaw which:
(i) processes, treats, and/or stores hazardous and toxic materials, including hazardous wastes, explosives, flammable and combustible liquids, flammable solids and flammable gasses, in quantities totaling more than fifty (50) gallons liquid volume or two hundred and fifty (250) pounds dry weight; or
(ii) processes, treats, and/or stores extremely hazardous materials that are included on The List of Extremely Hazardous Substances and their Threshold Planning Quantities (Federal Regulation 40 CFR Part 355, Appendices A and B) in quantities that equal or exceed the Reportable Quantity established by that list; shall report and submit hazardous and toxic material inventory information with the Ipswich Fire Department. The inventory information requirements shall include, but not be limited to, the material's common or product name, chemical name, storage location, storage method, and maximum daily amount. For substances which are classified as hazardous wastes, the hazardous waste number and waste identification will substitute for the product and chemical names.
b. Reporting required by this provision shall be initially submitted to the Ipswich Fire Department within ninety (90) days of the effective date of this bylaw and annually thereafter during the month of January.
c. Any use which has not previously been reported in accordance with subsection 3.a. shall, once it achieves the threshold reporting requirement, be registered within thirty (30) days.
d. In addition to reporting, owners or operators of any use registered in accordance with this subsection shall maintain on the premises an inventory, reconciled on a quarterly basis, of purchase, use, sale and disposal of hazardous materials.
e. Upon the request of the Fire Department or the Ipswich Board of Health, owners or operators shall produce the latest reconciled inventory within one (1) business day.
f. Any use which processes, treats, and/or stores hazardous and toxic materials as described in subsection 3.a. above shall also comply with the provisions of NFPA 704, as amended.
g. The provisions of subsections 3.a. through 3.e. are not intended to contradict, replace, or invalidate conditions set by any Town Special Permit Granting Authority or any State or Federal regulations relating to the use, storage, or monitoring of hazardous materials.
4.Special Permit
a. Any use permitted by this zoning bylaw which:
(i) processes, treats, and/or stores hazardous and toxic materials, including hazardous wastes, explosives, flammable and combustible liquids, flammable solids and flammable gasses, in quantities totaling more than two hundred (200) gallons liquid volume or one thousand (1,000) pounds dry weight; or
(ii) processes, treats, and/or stores extremely hazardous materials that are included on The List of Extremely Hazardous Substances and their Threshold Planning Quantities (Federal Regulation 40 CFR Part 355, Appendices A and B) in quantities that equal or exceed the Threshold Planning Quantity established by that list; shall be allowed only by special permit from the Planning Board.
b. In addition to the criteria for Special Permit defined in subsection IX.J.2. of this zoning bylaw, the Planning Board may issue a special permit only upon finding that the proposed use shall in no way adversely affect the existing or potential quality or quantity of water, and that adequate safeguards have been taken to minimize public exposure to hazardous materials and to reduce the risk of fire hazard.
c. The provisions of subsection 3. above shall remain applicable to storage of hazardous materials approved by special permit. The Planning Board may require additional reporting or monitoring restrictions as a condition of special permit approval.
d. Any proposed processing, treatment and/or storage of hazardous materials within a Water Supply Protection District which was denied a special permit pursuant to subsection IX.C. of this zoning bylaw is ineligible to obtain a special permit under the provisions of this subsection IX.N.
5.Water Supply Protection Districts
This subsection is intended to complement subsection IX.C. Water Supply Protection Districts of this zoning bylaw, which restricts all use of certain hazardous materials in specified overlay districts.
Establishments that process, treat, and/or store hazardous materials in Water Supply Protection Districts must satisfy the provisions of IX.C. before reporting prescribed in sub- section 3. above will be permitted.
6.Exclusions
The provisions of this subsection IX.N shall not apply to any use which:
a. processes, treats, and/or stores hazardous materials, hazardous wastes, explosives, flammable and combustible liquids, flammable solids and flammable gasses, in quantities totaling fifty (50) gallons liquid volume or less, or two hundred fifty (250) pounds dry weight or less.
b. stores fuel oil or propane fuel in conformance with Massachusetts Fire Prevention Regulations and regulations of the Ipswich Board of Health for the sole purpose of heating buildings located on the site, or to supply an emergency generator.
c. stores or distributes propane, fuel oil, gasoline, and/or diesel fuel, provided that said use conforms to all other applicable local, state, and federal regulations.
d. requires a special permit under subsection IX.C. of this zoning bylaw.
7.Regulations and Fees
The Ipswich Fire Department may adopt reasonable rules and regulations and administrative fees for the reporting of hazardous and toxic materials pursuant to this subsection.
