The purpose of this bylaw is to promote the health, safety, convenience and welfare of the inhabitants by dividing the town into districts and regulating the use and construction of buildings and premises therein.
101.1
Enforcement. This bylaw shall be enforced by the Building Commissioner or his/her duly authorized and qualified designee.
101.2
Professional Inspection. Construction on projects under a single building permit involving either one (1) or more structures (other than one or two-family dwellings), each containing thirty-five thousand (35,000) cubic feet of volume or more, or involving fifty (50) or more dwelling units, irrespective of type, shall be done with the inspection of a registered professional engineer or architect, retained by the developer. Such engineer or architect shall periodically, as requested by the Building Commissioner, attest that all work being done under his supervision is being done in accordance with the plans as certified under subsection 103.1.
101.3
Penalties. Any person violating any of the provisions of this bylaw shall be fined not more than three hundred dollars ($300.00) for each offense. Each day that such violation continues shall constitute a separate offense.
101.4
Nondiscrimination. The administration and enforcement of this bylaw shall be done without regard to race, color, sex, age, physical handicap, religion or national origin.
102.1
Establishment. The Board of Appeals shall consist of five (5) members and such number of associate members as the Select Board shall determine, who shall be appointed by the Select Board and shall act in all matters under this bylaw in the manner prescribed by G.L. ch. 40A, 40B and 41, as amended.
102.2
Powers. The Board of Appeals shall have and exercise all the powers granted to it by G.L. ch. 40A, 40B and 41, as amended, and by this bylaw. The Board's powers are as follows:
102.2.1
To hear and decide applications for special permits upon which the Board is empowered to act under this bylaw, in accordance with subsection 103.2.
102.2.2
To hear and decide appeals or petitions for variances from the terms of this bylaw, including variances for use, with respect to particular land or structures. Such variance shall be granted only in cases where the Board of Appeals finds all of the following:
1.
literal enforcement of the provisions of this bylaw would involve a substantial hardship, financial or otherwise, to the petitioner or appellant.
2.
The hardship is owing to circumstances relating to the soil conditions, shape or topography of such land or structures and especially affecting such land or structures, but not affecting generally the zoning district in which it is located.
3.
Desirable relief may be granted without either: substantial detriment to the public good; or nullifying or substantially derogating from the intent or purpose of this bylaw.
102.2.3
To hear and decide other appeals. Other appeals will also be heard and decided by the Board of Appeals when taken by:
1.
Any person aggrieved by reason of his inability to obtain a permit or enforcement action from any administrative officer under the provisions of G.L., ch. 40A, as amended, or;
2.
The Cape Cod Commission, or;
3.
Any person, including any office or board of the Town of Yarmouth or of any abutting town, if aggrieved by any order or decision of the Building Commissioner or other administrative official, in violation of an provision of G.L. ch. 40A, as amended, or this bylaw.
102.2.4
To issue comprehensive permits. Comprehensive permits for construction may be issued by the Board of Appeals for construction of low or moderate income housing by a public agency or limited dividend or nonprofit corporation, upon the Board's determination that such construction would be consistent with local needs, whether or not consistent with local zoning, building, health or subdivision requirements, as authorized by G.L., ch. 40B, sec. 20 through 23, as amended.
102.2.5
To issue withheld building permits. Building permits withheld by the Building Commissioner acting under G.L. ch. 41, sec. 81Y, as amended, as a means of enforcing the Subdivision Control Law, may be issued by the Board of Appeals where the Board finds practical difficulty or unnecessary hardship and if the circumstances of the case do not require that the building be related to a way shown on the subdivision plan in question.
102.3
Public Hearings. The Board of Appeals shall hold public hearings in accordance with the provisions of G.L. ch. 40A, 40B and 41, as amended, on all appeals and petitions brought before it. Submission shall be in conformity with Sections 8 and 14 of Chapter 40A, which shall include payment of a filing fee to be set after a public hearing in accordance with Chapter 96-1 of the Yarmouth Bylaws.
102.4
Repetitive Petitions. Repetitive petitions for special permits, appeals and petitions for variances and applications to the Board of Appeals shall be limited as provided in G.L. ch. 40A, sec. 16, as amended.
102.5
Zoning Administrator. The Board of Appeals may appoint a Zoning Administrator in the manner and under the provisions of ch. 40A, sec. 13. The Zoning Administrator shall have those powers specifically delegated by vote of the Board of Appeals. Such powers may be modified, amended or restricted from time to time by vote of the Board.
103.1
Required Permits.
103.1.1
Compliance certification. Buildings, structures or land may not be erected, substantially altered or changed in use without certification by the Building Commissioner that such action is in compliance with then applicable zoning, or without review by him regarding whether all necessary permits have been received from those governmental agencies from which approval is required by federal, state or local law. Issuance of a building permit or certificate of use and occupancy, where required under the Commonwealth of Massachusetts State Building Code, may serve as such certification.
103.2
Special Permits.
103.2.1
Special Permit granting authority. Unless specifically designated otherwise, the Board of Appeals shall act as the special permit granting authority. Applications to the Board of Appeals for a special permit shall be filed with the Town Clerk. Applications to other special permit granting authorities shall be made directly to those authorities.
103.2.2
Criteria. Special permits shall not be granted unless the applicant demonstrates that no undue nuisance, hazard or congestion will be created and that there will be no substantial harm to the established or future character of the neighborhood or town. In addition, individual sections of the Zoning Bylaw contain supplemental special permit criteria for specific uses and types of development.
103.2.3
Public hearing. Special permits shall only be issued following public hearings held within sixty-five (65) days after filing with the special permit granting authority an application, a copy of which shall forthwith be given to the Town Clerk by the applicant.
103.2.4
Conditions. Special permits may be granted with such reasonable conditions, regulations or limitations as the special permit granting authority may deem necessary to serve the purposes of this bylaw.
103.2.5
Expiration. Special permits shall lapse if a substantial use thereof or construction has not begun, except for good cause, within twenty-four (24) months of special permit approval (exclusive of time required to pursue or await the determination of an appeal referred to in G.L. ch. 40A, sec. 17, as amended, from the grant thereof).
103.3
Site Plan Review. Projects developing or redeveloping under Section 414, VCOD, are not subject to this Section 103.3 and shall be regulated by Section 414.3.2 (VCOD Site Plan Review) and shall follow the procedures and requirements as set forth therein.
103.3.1
Objectives. The design of projects requiring submission of a site plan, pursuant to this section, shall comply with the following:
1.
Internal circulation and egress from the site are such that traffic safety is protected and access via minor streets servicing single-family homes is minimized.
2.
Reasonable use is made of building location, grading and vegetation to reduce visibility of parking areas from public ways.
3.
Adequate access to each structure for fire and service equipment is provided. Installation of Yarmouth Fire Department (YFD) Lockbox(es) shall be required to ensure building and site access.
4.
Utilities and drainage serving the site provide functional service to each structure and paved area in the same manner as required for lots within a subdivision, and fire protection provisions meeting Fire Department regulations are provided.
6.
The proposed development will: a) minimize adverse environmental impacts on such features as wetlands, flood plains, and aquifer recharge areas; b) minimize obstruction of scenic views from publicly accessible locations; c) preserve unique natural or historical features to be preserved on the site or within the Town of Yarmouth; d) maximize open space retention; e) avoid major topographic changes; and f) minimize removal of existing trees within the required buffer zones.
7.
In or abutting residential districts, effective use is made of topography, landscaping and building placement to maintain, to the degree reasonable, the character of the neighborhood.
103.3.2
Applicability. Applications for building permits for new construction or additions for the following activities, if involving one thousand (1,000) square feet or more of new ground coverage by structures or paving, shall be subject to site plan review:
1.
Cluster and planned residential development.
2.
Mobile home parks.
3.
Motels and guest houses.
4.
All other nonresidential uses requiring five (5) or more parking spaces.
Special Permit and/or Variances from Section 104.3.2(4) paragraph 2 shall go through formal Site Plan Review. |
Projects developing under Section 415 (Registered Marijuana Dispensaries) are required to go through formal Site Plan Review. |
In addition, the Building Commissioner may require a site plan review if he deems it necessary in order to determine zoning compliance. |
103.3.3
Procedures. For applicable projects, Design Review per Section 103.4 must precede Site Plan Review. Applicants for building permits subject to site plan review shall submit copies of a site plan, as outlined below. The Building Commissioner shall forward copies of the plan(s) to the Site Plan Review Team. The Site Plan Review Team shall consist of a representative of the Building Division, the Water Division, the Health Division, and the Fire Department and may, when deemed necessary, include representatives of the Community Development Department, the Conservation Commission, the Planning Division, the Engineering Division, and the Police Department. A Design Review representative shall sit on hearings as specified in Section 103.4.5. No building permit subject to this section shall be issued without review by the Site Plan Review Team unless twenty-five (25) days lapse from the date of submission without review by the Team.
103.3.4
Plans. Plans submitted under this section shall show the location and dimension of the lot, the exact location and size of any existing or proposed building, streets, and ways adjacent to the lot, existing and proposed topography, drives, parking, landscaping, park or recreation areas, the use of structures and land, screening, water, sanitary sewerage systems, storm drainage systems, zone lines, and easements. Such plans are to be prepared, except in the case of one or two-family dwellings, by a registered architect or engineer if such buildings contain thirty-five thousand (35,000) cubic feet or more of space, as defined in 231 CMR 2.02(c). Projects developing under Section 415 (Registered Marijuana Dispensaries) shall provide supplemental submittal information as required by Section 415.4.
103.3.5
Requirements. The Site Plan Review Team shall review a site plan to determine whether or not the requirements of the Zoning Bylaw are satisfied.
103.3.6
Compliance. In the case of land or buildings subject to this section, no occupancy permit for full or partial occupancy of the site shall be issued until all required site improvements serving the structure to be occupied have been completed, or a bond for their completion has been posted. Where deemed necessary the Building Commissioner may require certification and/or as-built plans from a registered professional engineer, registered land surveyor, or registered architect that the required improvements have been made in accordance with the approved plans.
103.4
Design Review.
103.4.1
Purpose. The purpose of this section is to establish an architectural and site design review process for all commercial and mixed-uses within the design review jurisdiction.
103.4.3
Goals and objectives. The goals of the design review process shall be to revitalize all commercial uses south of Route 6 by:
1.
Improving the aesthetic quality of buildings and sites therein;
2.
Promoting attractive and viable commercial districts, and;
3.
Providing a process for review of all changes in land use, the appearances of structures, or the appearances of sites within the districts.
The objectives of the design review process are to: | |
1. | Preserve the natural and cultural patterns of the surrounding landscape whenever possible. |
2. | Encourage incorporation of public amenities, including, but not limited to, sidewalks, benches, and bike racks within commercial developments. Encourage clustering of buildings in large developments to retain more open space. |
3. | Building is encouraged to be of a style which complements and promotes traditional Cape Cod architectural styles and character with proper scale, proportion and roof pitch. Traditional building materials (clapboards and cedar shingles) are recommended for usage. Colors of clapboard and trim should be muted colors of traditional usage, not designed to shock or stand out. |
4. | Identify the internal parking circulation system in a manner which will reduce curb cuts, improve landscaping and traffic flow, allow for proper turning radius and parking space, encourage pedestrian uses and access, screen trash receptacles, and minimize any accessory signage. |
103.4.4
Design Review Authority.
1.
The Planning Board shall review all projects in the Jurisdiction that are located in the HMOD2 for compliance with the Yarmouth Architectural and Site Design Standards, as adopted and from time-to-time amended by the Planning Board. Such review shall take place at a duly posted and advertised hearing and after notification of those proceedings by mail to all abutters and abutters to abutters within 300 feet of a project locus.
2.
The Planning Board shall review all projects within the Jurisdiction that are submitted for approval under Bylaw section 411, the R.O.A.D. Bylaw, for compliance with the Yarmouth Architectural and Site Design Standards, as adopted and from time-to-time amended by the Planning Board.
3.
The Design Review Committee shall review all applications within the VCOD pursuant to Section 414.
4.
The Design Review Committee shall review all other commercial and mixed-use projects within the Jurisdiction, and all projects submitted under Section 104.3.2(4) paragraph 2, and make recommendations based on the Yarmouth Architectural and Site Design Standards. Recommendations shall concern the conformity of the proposed actions with the goals and objectives outlined in section 103.4.3 and may include such items as building style and features, architectural details, lighting, landscaping, materials encouraged, examples of craftsmanship, height and proportions, roof shape and pitch, directional expression, relationship of building and spaces, and other considerations as deemed appropriate by the Design Review Committee.
5.
The Design Review Committee shall be the Design Review Authority to review all projects developing pursuant to Section 415 (Registered Marijuana Dispensaries) for mandatory compliance with the Yarmouth Architectural and Site Design Standards, as adopted and from time-to-time amended by the Planning Board.
103.4.5
Design Review Representative. The design review authority shall designate a representative to participate in Site Plan Review, as outlined in section 103.3.3.
1.
For design review of all projects in the Jurisdiction submitted in conjunction with Bylaw section 404.2, the Motel Bylaw and in conjunction with Bylaw section 411, the Revitalization Overlay Architectural District (R.O.A.D.) Bylaw, A Planning Board member (or its designee) shall act as the Design Review Representative on the Site Plan Review Team.
2.
For design review of all other commercial and mixed-use projects within the jurisdiction, except VCOD, and all projects submitted under Section 104.3.2(4) paragraph 2, a Design Review Committee member shall act as the Design Review Representative on the Site Plan Review Team.
103.4.6
Procedures. Design Review must precede Site Plan Review. Applicants for projects submitted in conjunction with Bylaw sections 404, 411 and Section 104.3.2(4) paragraph 2 must submit 13 copies of the architectural building elevations, certified site plan, lighting plans, landscape plans, and sign plans. Applications for development under Bylaw Section 415 (Registered Marijuana Dispensaries) shall submit 6 copies of the plans outlined above plus supplemental information outlined in Bylaw Section 415. Applicants for development under the VCOD shall provide application materials in accordance with Section 414.3.2. Applicants for all other applicable projects within the Jurisdiction must submit only 6 copies of the site plan and architectural elevations but are encouraged to submit lighting plans, landscape plans and sign plans for review. Application materials must be submitted to the Community Development Department for scheduling with the proper Review Authority.
104.1
Other Regulations. This bylaw shall not interfere with, or annul any bylaw, rule, regulation or permit, provided that, unless specifically excepted, where this bylaw is more stringent, it shall control.
104.2
Conformance. Construction or operations under a building or special permit issued before the first publication of notice of the public hearing of such bylaw or amendment, shall conform to any subsequent amendment of this bylaw unless the use or construction is commenced within a period of six (6) months after the issuance of the permit, and, in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable, all as provided in G.L., ch. 40A, sec. 6, as now or hereafter amended.
104.3
Nonconformancy. The lawful use of any structure or land existing at the time of enactment or subsequent amendment of this bylaw may be continued, although such structure or use does not conform with provisions of the bylaw, subject to the following conditions and exceptions, except for properties developing or redeveloping under Section 414, VCOD, in which nonconformity is regulated by Section 414.4 and not this Section 104.3:
104.3.1
Abandonment. A nonconforming use which has been abandoned or discontinued for a period of two (2) years or more shall not be reestablished, and any future use shall conform with the bylaw.
104.3.2
Change, Extension or Alteration.
1.
Lawfully pre-existing non-conforming single- and two-family structures, and their accessory structures, and lawfully pre-existing single-family and two-family structures, and their accessory structures, located on non-conforming lots, may be altered, extended or razed and replaced provided the alteration, extension or raze and replacement:
A.
itself conforms to the applicable bylaw requirements, and does not involve a change of use, or;
B.
does not otherwise increase the non-conforming nature of the structure. These determinations shall, in the first instance be made by the Building Commissioner as the Zoning Enforcement Officer. For purposes of this section, any alteration or extension of such a structure which will remain within the pre-existing footprint and height of the structure or raze and replacement which meets the current minimum setback and does not exceed the current maximum building height and current maximum building coverage requirements shall be presumed not to be an increase in the non-conforming nature of the structure.
2.
Except as provided in paragraph 1 above, such single-family and two-family structures, and their accessory structures, may be altered, extended or razed and replaced only upon Special Permit from the Board of Appeals, if it is determined that such alteration, extension or raze and replacement will not be substantially more detrimental to the neighborhood than is the existing non-conforming structure.
3.
Other lawfully pre-existing, non-conforming structures may be altered, extended, razed and replaced by Special Permit from the Board of Appeals if it is determined that:
4.
Except as provided herein, other lawfully pre-existing non-conforming uses may be changed or extended only upon Special Permit from the Board of Appeals, if it is determined that such change or extension will not be substantially more non-conforming and will not be substantially more detrimental to the neighborhood, zoning district or Town than is the existing non-conforming use. Once changed to a conforming use, no structure or land shall be permitted hereunder to revert to a non-conforming use. Any such non-conforming use may be changed to a conforming use if the Building Commissioner determines that such a change will not be substantially more detrimental to the neighborhood than is the existing use.
A Special Permit may be issued for a hotel or motel located in the B2 Business Zone or within that portion of the R25 Residential Zone located south of Route 28 and licensed as such on or before April 11, 2006, and for which a Special Permit authorizing conversion to condominium form of ownership was issued under Bylaw Section 104.4 on or before said date, authorizing a change in use to Use Code A12 multi-family use provided further that such hotel or motel is not located in the HMOD1 or HMOD2 Zoning Districts and further provided that the Board of Appeals finds all of the following:
A.
That each single family residential unit contains not less than 500 square feet of living area, as described in the condominium documents and floor plans;
B.
That the site contains facilities providing at least 1.5 parking spaces per residential unit;
C.
That the number of proposed residential units does not exceed the number of permitted motel units;
E.
That the Board of Health has determined that the septic system, either existing or as proposed, is in good operating condition and is suitably sized and designed to accommodate the septic flow;
F.
That each of the residential dwelling units has or will be equipped with at least the minimum kitchen facilities as required under State health codes for a dwelling unit, and;
G.
That the buildings containing the residential condominium units contain hardwired heat and/or smoke detector systems connected to a central panel.
The Board of Appeals shall have the right to impose such reasonable conditions on the special permit as it deems appropriate. Projects shall be subject to the inclusionary zoning provisions of section 412.2. All Special Permit applications and/or Variances for this section of the Bylaw shall include the following: |
1.
Design Review Comments: Applicants shall go through the Formal Design Review process with the Design Review Committee (DRC) for advisory review and recommendations based on the Yarmouth Architectural and Site Design Standards.
2.
Site Plan Review Comments: Applicants shall go through the Formal Site Plan Review (SPR) process.
5.
Deleted (ATM 4/9/2003).
6.
For purposes of this section, any expansion or alteration of a structure which will occur within the footprint and height of the existing structure shall be presumed not to increase its non-conforming nature or effect. A structure's "footprint" shall extend to the exterior walls of the foundation or to the exterior walls of the structure, whichever is greater. Any change of use to a use which is presently allowed at the site under the current use regulation schedules shall be presumed not to be substantially more detrimental to the neighborhood, district or town than is the present use.
104.3.3
Restoration. Necessary repairs and rebuilding after damage by fire, storm or similar disaster are hereby permitted, provided that they are accomplished within two (2) years of the event and do not substantially change the character or size of the buildings, nor the use to which they were put prior to such damage. Such buildings reconstructed within a Special Flood Hazard Area identified in Section 403 — Flood Area Provisions, may increase the height of the new structure by-right to accommodate the Base Flood Elevation and to meet minimum Massachusetts Building Code requirements, provided current maximum Building Height requirements are not exceeded. Structures to be constructed after the two (2) year time period shall conform to the current applicable bylaw requirements of Section 104.3.2 (Change, Extension or Alteration).
104.3.4
Nonconforming Lots. Except as provided below, lots which do not conform to the dimensional requirements of this by- law, as amended, shall not be individually built upon unless combined and/or re-subdivided so as to meet the revised dimensional requirements.
1.
Single lots. Any increase in area, frontage or other dimensional requirements of this zoning bylaw shall not apply to a lot for single family residential use which, at the time of recording or endorsement, whichever occurs sooner, conformed to then existing requirements, had less than the new requirement but at least five thousand (5,000) square feet of area and fifty (50) feet of frontage and was not held in common ownership with any other contiguous lot at the time of, or since, the effective date of the increased requirements.
2.
Two (2) or three (3) adjoining lots. Any increase in area, frontage or other dimensional requirements of this zoning bylaw shall not apply to a lot for single family residential use, provided the plan for such lot was duly recorded or endorsed and such lot was held in common ownership with contiguous lots and had less than the dimensional and density requirements of the newly effective zoning but contained at least seven thousand five hundred (7,500) square feet and seventy-five (75) feet of frontage, or contained fifteen thousand (15,000) square feet and fifty (50) feet of frontage if approved under section 203.2 of this bylaw. This exemption shall not apply to more than three (3) such adjoining lots held in common ownership.
3.
Definitive and Approval Not Required Plans. Provided in G.L., ch. 40A, sec. 6, as amended.
4.
Business and Industrial Lots. In a B1, B2, or B3 District, or in the VCOD, any increase in area or frontage of this zoning bylaw shall not apply to a lot for business or industrial use which, at the time of recording or endorsement, whichever occurs sooner, conformed to then existing requirements, had less than the new requirement but at least eight thousand five hundred (8,500) square feet of area and fifty (50) feet of frontage and was not held in common ownership with any other contiguous lot at the time of, or since, the effective date of the increased requirements. Contiguous lots in common ownership shall be combined and/or re-subdivided so as to meet the revised dimensional and area requirements with the exception that, except as hereinafter set forth in this paragraph, area and/or lot frontage dimensional requirements of this Zoning Bylaw shall not apply to a lot in a B1, B2, or B3 zoning district, or in the VCOD, for allowed uses within said zoning districts or uses allowed by Special Permit therein, provided a plan for such lot was approved or endorsed by the Planning Board on or before June 3, 1996, duly recorded, filed, or registered and such lot was not held in common ownership with more than one abutting or contiguous lot as of June 3, 1996, and provided said lot contains at least ten thousand (10,000) square feet of non-wetland lot area and seventy-five (75) feet of lot frontage. The minimum required frontage may be reduced to fifty (50) feet if the lot is capable of containing a square each side of which is equal to seventy-five (75) feet. The width of any lot between the street line and the proposed building setback line shall be no less than twenty (20) feet. No point along any side of the above requisite square shall exceed five hundred (500) feet from the street. Measurement of this distance to the street abutting the lot shall be taken within the lines of the lot.
5.
Other Nonconforming Residential Lots. Except as set forth in this paragraph, area, lot frontage or other dimensional requirements of this zoning bylaw shall not apply to a lot for single-family residential use, provided a plan for such lot was approved or endorsed by the Planning Board on or before June 3, 1996, duly recorded, filed, or registered and such lot was not held in common ownership with more than two abutting lots as of June 3, 1996; as provided said lot contains at least ten thousand (10,000) square feet of non-wetland lot area and either seventy-five (75) feet of lot frontage or fifty (50) feet of lot frontage if the minimum dimensional requirements of Section 203.2 of this zoning bylaw are met, each side of the square described therein being seventy-five (75) feet. The minimum front yard setback for such a lot shall be pursuant to this bylaw Section 203.5 and footnote 1 thereof. The minimum side yard setbacks for such a lot shall be as set forth in Section 203.5 of this bylaw, but not more than the average of the setbacks of the residential dwellings on the lots next thereto on either side, but not less than six (6) feet, nor less than twelve (12) feet from any other building. The minimum rear yard setback for such a lot shall be as set forth in Section 203.5 of this bylaw, but not more than the average of the rear yard setbacks of the building(s) on the lot(s) abutting thereto, but not less than twelve (12) feet. The maximum building coverage for such a lot shall be in accordance with Section 203.5 of this bylaw.
104.3.5
Other Adjoining Non-conforming Lots.
1.
Purpose: The purpose of this sub-section is to provide for the orderly, efficient, and appropriate combination and/or re-division of multiple non-conforming lots where there is insufficient land to permit the resulting lot(s) to comply with the current dimensional requirements of the Bylaw. The procedures and relief authorized herein are intended to be considered in conjunction with, and not in place of, any other procedures with which the petitioners must comply, including those of the Subdivision Control Law and the Rules and Regulations of the Planning Board. It is the intention of this sub-section to accomplish maximum feasible compliance with the intent and purpose of the current zoning bylaws where full compliance is not possible but where development of the available land may otherwise be accomplished without substantially derogating from the intent and purposes of the bylaws.
2.
When the owner or owners of abutting lots, whether or not any of such lots are currently developed, wish to combine or redivide such lots, but where one or more of the existing lots do not conform to the current dimensional requirements, and where one or more of the resulting lots will not conform to the current dimensional requirements, such combinations or redivisions may be allowed by Special Permit from the Board of Appeals, upon the following conditions (also see Section 104.3.5, paragraph 5 for other applicable provisions):
A.
the combination or re-division does not increase the number of non-conforming individually buildable lots over the number of such lots as presently exist;
B.
the combination or re-division shall not increase any pre-existing non-conformity nor create any new non-conformity as to any existing structure or use of the lots involved or affected by the combination or re-division;
C.
if more than one adjoining vacant, non-conforming lot is created by, or is the result of the combination or redivision, it/they may be approved for construction of a single family residence thereon provided that each lot:
D.
the development and use of all of the resulting and affected lots as proposed would be consistent with the current and future development of the neighborhood and zoning district, would not cause or substantially contribute to any undue nuisance, hazard, or congestion in the neighborhood or zoning district, would substantially promote the intent and purpose of the Bylaws currently in effect, and the entire combination or redivision proposal is consistent with the intent and purpose of this sub-section.
3.
Conditions, Restrictions, and Limitations: With respect to each and every lot created or altered by such recombination or redivision, the Board of Appeals, in granting such a Special Permit, may impose reasonable restrictions, conditions, and limitations, and may, consistent with the purposes and objectives of this section, designate certain of the non-conforming lots or parcels as non-buildable lots or parcels which will not thereafter be built upon. Such conditions may include, without limitation, any conditions intended to insure compliance with the foregoing standards or to minimize any adverse effects of the development of the non-conforming lot, or to promote the purpose of the zoning bylaw or of the particular zoning amendment(s) which rendered the lot non-conforming, including:
A.
limitations or restrictions on the maximum allowable size and location of the principal and accessory structures or improvements,
B.
limitations or restrictions on the alterations of the existing topography and other site conditions or improvements of the lot, including those associated with the installation of a septic system,
C.
requirements for the preservation of natural buffers or vegetation or for the creation of new buffers or plantings so as to minimize the effect of any side yard or setback non-conformity or encroachment or impact upon abutting lots or upon the neighborhood,
D.
limitations on the allowable present or future development or use of the site, including, where appropriate, restrictions and/or prohibitions of accessory or other uses, home occupations, and accessory apartments.
4.
Nothing in this section shall be intended to prevent the addition of land area to an otherwise buildable or developed lot, provided that such addition renders the resulting lot less non-conforming and does not create any additional non-conforming building lots, and does not otherwise make any other lot more non-conforming.
5.
Perimeter Plans: When an owner of a developed property wishes to combine the developed lot with one or more abutting non-developed lots, and where the resulting lot will not conform to the current dimensional requirements, but will be less nonconforming than the individual lots, such combination may be done by-right. This Perimeter Plan shall combine existing lots, with no new lines drawn indicating a division of land, and shall be done in accordance with M.G.L. Chapter 41, Section 81X, and recorded at the Barnstable Registry of Deeds.
104.4
Condominium Conversion.
104.4.1
Any legally existing conforming or nonconforming structure or use may be converted to a condominium form of ownership with a Special Permit from the Board of Appeals if the Board of Appeals finds that there is no change of use, that the declaration of condominium document(s) explicitly define the existing use (e.g. seasonal use, time sharing use, number of units, existence or absence of kitchen facilities, etc.) and that the "declaration of condominium document(s)" is written with proper management authority to insure maintenance and repair of public health and safety aspects (e.g. water lines, sewage facilities, etc.) of the property being converted. The Site Plan Review Team may review condominium documents before application to the Board of Appeals, at the discretion of the Building Commissioner.
104.4.2
A special permit may be issued for an entire subdivision based upon a typical condominium unit and lot plot plan, even though said units and lots will vary within said subdivision. Any fees shall be charged upon a single special permit.
104.4.3
Deleted (ATM 04/11/2006).
The invalidity of any section or provisions of this bylaw shall not invalidate any other section or provisions thereof.
This bylaw and its map may be amended in accordance with the procedures described in G.L. ch. 40A, sec. 5, as amended, by the submission to the Select Board of a proposed amendment by the Select Board, Board of Appeals, Planning Board, an individual owning land to be affected by said amendment, or by citizens' petition pursuant to G.L. ch. 39, sec. 10, provided that the applicant, if other than a Town board or committee, shall, prior to a public hearing by the Planning Board, pay the cost of notice of hearing, including mailed notices, and reasonable costs of processing the proposed amendment and holding the public hearing.