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.
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.
A. 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, 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.
C. 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, 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) 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 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.
D. 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.
E. 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.