Town of Harwich, MA Interpretation and Application

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Article IV Interpretation and Application

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The provisions of this bylaw shall be interpreted to be the minimum requirements adopted for the promotion of the health, safety, morals and the general welfare of the Town of Harwich, Massachusetts, and, except for the Zoning Bylaw approved by the Attorney General on June 6, 1951, and all subsequent amendments thereto, the provisions of this bylaw are not intended to repeal, amend, abrogate, annul, or in any way impair or interfere with any lawfully adopted bylaw, covenants, regulations or rules. Whenever the regulations made under the authority hereof differ from those prescribed by statute, bylaw or other regulation, that provision which imposes the greater restrictions or the higher standard shall govern.

§ 325-7 Application.

Except as herein provided or as specifically exempted by the Zoning Act, the provisions of this bylaw shall apply to the erection, construction, reconstruction, alteration or use of buildings and structures and to the use and creation of lots. As provided herein and in the Zoning Act, existing uses and structures lawfully established or constructed which do not comply with the provisions of this bylaw may continue as nonconforming.

Existing lots lawfully laid out by plan or deed which complied at the time of layout with applicable provisions of zoning bylaws, if any, may be built upon for single-family residential purposes, provided that:

(1)

Said lots have 75 feet of frontage and 10,000 square feet of area;

(2)

The buildings to be located thereon are set back at least 10 feet from side and rear lot lines and at least 25 feet from street lot lines and the buildings to be constructed on said lot will not exceed the maximum site coverage restrictions of the zoning bylaw in effect when the lot was created or, if no such restrictions applied, coverage of buildings shall not exceed 35% of said lot for lots between 10,000 square feet and 15,000 square feet and 25% for lots over 15,000 square feet;

(3)

Said lots are buildable under other applicable provisions of the law; and

(4)

If said lots are shown on a subdivision plan as defined in the Subdivision Control Law,[1] which plan has been approved by the Planning Board, the roads shown on such plan have been installed in accordance with Planning Board requirements, if any, in effect at the time the plan was submitted to the Planning Board and a release of the road covenant or release of other security, if any, has been obtained from the Board prior to five years from the date of endorsement of approval or prior to the lots becoming nonconforming, whichever occurs later.

[1]

Editor's Note: See MGL c. 41, §§ 81K to 81GG.

(Reserved)[2]

[2]

Editor’s Note: Former Subsection B, regarding conversion of single-family dwellings to one-family dwellings with accessory apartments, as amended, was repealed 5-7-2013 STM by Art. 12.

Existing lots in a CH-1 District which complied at the time of layout with applicable provisions of zoning bylaws, if any, may be used for single-family residential purposes as set forth above and may be used for two-family residential purposes and nonresidential purposes as established in the Table of Use Regulations,[3] provided that:

[Amended 5-2-2016 ATM by Art. 47]

(1)

Said lots have 100 feet of frontage and 10,000 square feet of area;

(2)

(3)

Said lots are buildable under other applicable provisions of the lot; and

(4)

If said lots are shown on a subdivision plan as defined in the Subdivision Control Law, which plan has been approved by the Planning Board, the roads shown on such plan have been installed in accordance with Planning Board requirements, if any, in effect at the time the plan was submitted to the Planning Board and a release of the road covenant or release of other security, if any, has been obtained from the Board prior to five years from the date of endorsement of approval or prior to the lots becoming nonconforming, whichever occurs later.

[3]

Editor's Note: See Table 1, which is included as an attachment to this chapter.

Existing parking areas lawfully established as of the effective date of this bylaw, whether conforming or nonconforming to the current requirements of this bylaw, may be altered to accommodate the inclusion of one or more universal accessible parking spaces without an approved site plan, variance, or special permit, provided that:

(1)

Said accommodation does not reduce the conformity of any of the following features with the respective requirements of this bylaw by more than the amount indicated:

(a)

Interior landscaping: 50% of minimum required as applicable to subject property;

(b)

Front, side, or rear parking setback: 50% of required or existing setback, whichever is the greater reduction;

(c)

Site coverage: 10% additional site coverage over the maximum allowable site coverage or, if existing site coverage exceeds the maximum allowed, an additional 5%; and

(d)

Required number of spaces:

[1]

Areas with one to 50 parking spaces: one space less than the total required;

[2]

Areas with 51 to 200 parking spaces: two spaces less than the total required; and

[3]

Areas with more than 200 parking spaces: three spaces less than the total required; and

(2)

A detailed plan, which clearly depicts such accommodation, is approved by the Building Official. Said plan shall be accurately scaled at a size no smaller than one inch equals 40 feet and shall show for the subject parcel or parcels all existing structures, parking spaces, access aisles, landscape areas, driveways, loading areas, and accommodation areas for disabled people (when applicable) with legible dimensions for the above features.

Any lawfully nonconforming building or structure which has been damaged or destroyed by fire or other accident or natural disaster may be repaired or rebuilt to its original dimensions, either in its original location or in a more conforming location, provided that the owner shall apply for a building permit and start operations for restoring and rebuilding of said premises within 18 months after such catastrophe. Further, said reconstruction shall comply with all other applicable state laws and regulations and such construction shall be completed within 30 months of the date of the catastrophe or such reconstruction must comply with the current zoning bylaw.