A. Any lawful building, or any lawful use of a building or premises, or part thereof, existing or lawfully begun at the time the Zoning By-Law was originally adopted in the area in which such building or use is located, may be continued, subject to the provisions of this section.
B1. Discontinuance of any non-conforming use for a period of two (2) years shall extinguish any rights as a non-conforming use. Change of use from a non-conforming to a conforming use shall be considered abandonment of the non-conforming use and shall immediately extinguish any right to the non-conforming use.
C2. A non-conforming single or two family residential structure may be altered if the Inspector of Buildings determines that the alteration will not increase the existing non-conforming nature of the structure. In making such determination, the Inspector of Buildings, after identifying the particular respect or respects in which the structure does not presently conform to the By-Law, shall consider whether the proposed alteration will either intensify any existing nonconformities or result in additional nonconformities.
If the Inspector of Buildings determines that a proposed alteration to a single or two family residential structure will increase the existing non-conforming nature of the structure, the applicant may seek a new determination from the Zoning Board of Appeals. If the Board of Appeals determines that the alteration will increase the non-conforming nature of the structure, no such alteration may occur unless the Zoning Board of Appeals issues a special permit for the alteration after finding that the alteration will not be substantially more detrimental to the neighborhood than the existing nonconformity and will not be detrimental to the public welfare.
The following types of alterations do not result in an increase in non-conformancy:3
1. Alteration to a non-conforming structure where the alteration will comply with all applicable sections of the Zoning By-law in effect at the time of the application.
2. Alteration to a non-conforming structure on a lot which when created contained at least the minimum square footage required within the zoning district in which the lot is located, where the alteration will comply with all applicable sections of the Zoning By-law, in effect at the time of the application, including but not limited to yard setback, lot coverage and height requirements.
D1. Other non-conforming uses and buildings or structures may be altered, extended or enlarged by a Special Permit from the Special Permit Granting Authority upon a determination that such change, extension or alteration is not more detrimental than the existing non-conforming use, building or structure is to the neighborhood and that it will not be detrimental to the public welfare.2
Special Permits are granted when the Special Permit Granting Authority determines that the structure or use involved will not be detrimental to the established or future character of the neighborhood and the Town and when it has been found that the structure or use involved will be in harmony with the general purpose and intent of the Zoning By-law and zoning District. It shall be the responsibility of the applicant for any Special Permit to demonstrate, to the satisfaction of the Special Permit Granting Authority, that criteria including, but not limited to, the following are met:
Adequacy of the site, in terms of size, for the proposed structure or use;
Suitability of the site for the proposed structure or use with regard to the purpose and intent of the zoning district;
Adequacy of traffic flow management within the site as well as in relation to adjoining streets and properties so as to minimize unsafe and harmful impacts;
Compatibility of the proposed structure or use with surrounding land uses so as to minimize harmful impact or conflict with existing desirable neighborhood character, including views, vistas and other aesthetic values;
Adequacy of the method of sewage disposal, source of potable water and site drainage;
Protection and maintenance of groundwater quality and recharge volume and the water quality of coastal and fresh surface water bodies;
Adequacy of provision of utilities and other necessary or desirable public services;
Adequacy of control of artificial light, noise, litter, odor or other sources of nuisance or inconvenience to adjoining properties, public ways and the neighborhood;
Protection from degradation and alteration of the natural environment, including, but not limited to, slopes and other topographical features, vegetation, wetlands, and wildlife habitat.
E. Any non-conforming building or structure which has been damaged by fire or other cause to any extent, may be repaired or rebuilt to its original dimensions, provided the owner shall apply for a building permit and start operations for restoring or rebuilding of said premises within twelve (12) months after such catastrophe and further that said reconstruction comply with all other applicable State laws and regulations and that such construction is continued through to completion as continuously and expeditiously as is reasonable.
F. Regardless of common ownership, any lot lawfully laid out by plan or deed duly recorded in the Barnstable County Registry of Deeds prior to the day of Zoning Change regarding minimum lot size, dated April 19, 1988, which is not protected by the Eastham Zoning By-law, Section IX, and which contains at least twenty thousand (20,000) square feet for a one family dwelling and at least thirty thousand (30,000) square feet for a two family dwelling shall be exempt from said Zoning Change enacted April 19, 1988.
G. Conversion of an existing (or proposed) cottage colony to a single-family or two-family use under any type of ownership including, but not limited to, condominium ownership , cooperative ownership, or other forms or ownership where a structure or portion thereof is held in different ownership from the remainder of the structure or the land on which it is situated are not permitted unless the owner of any such property prior to the creation of or conversion to any single-family or two-family use under the aforementioned types of ownership does the following:
1. Obtains a special permit from the Board of Appeals of the Town of Eastham in compliance with Section XII (B) of this By-law and Massachusetts General Laws Chapter 40A, or any amendments thereto, and
2. Obtains a finding and certification from the Eastham Board of Health that the septic system and the water supply system for said premises complies with Eastham’s current health code requirements and/or as set forth in Title V of the Massachusetts Sanitary Code or any amendments thereto as it relates to new construction, and
3. Executes a covenant with the Town of Eastham, to be recorded at the Barnstable County Registry of Deeds, covenanting and guaranteeing that other than one management unit, no units will be occupied or otherwise used during any time period commencing December 1 and ending March 31 of the following calendar year and for that same time period for each year thereafter. Hotels and motels may not be converted into single-family use under condominium-type or any other type of trust or stock ownership arrangement.
|