§ 240-131.4. Craigville Beach District use regulations., Article XV. District of Critical Planning Concern Regulations, Chapter 240. Zoning, Part I. General Ordinances, Code of Ordinances, Barnstable

Use limitations.

(1)

Any use not expressly allowed herein is prohibited.

(2)

The conversion of any building or structure from seasonal use to year-round use is prohibited, except that single-family residences are not subject to this use limitation. The conversion of a building, or buildings, constituting a cottage colony, hotel, inn or rooming house, or of a facility required to be licensed as a recreational camp, overnight camp or cabin, or motel under MGL c. 140, §§ 32A to 32I, to condominium-type ownership, shall be deemed to be a change in use from seasonal to year-round use and is prohibited.

(3)

Permitted business and retail uses shall not include a business which is required by contractual or other arrangement to maintain one or more of the following items: standardized (formula) array of services and/or merchandise, trademark, logo, service mark, symbol, decor, architecture, layout, uniform, or similar standardized features and which causes it to be substantially identical to more than 14 other businesses regardless of ownership or location. Drive-up windows and/or drive-through facilities are prohibited.

Exempt uses.

(1)

Religious institutions, accessory day-care centers, and nonprofit educational uses are permitted as exempt uses within the Craigville Beach District. These uses shall, however, be subject to and in conformance with the reasonable bulk, density, design and development regulations of the Craigville Beach District as set forth in § 240-131.1, Purposes and intent, § 240-131.5, Dimensional, bulk and other regulations, § 240-131.7, Neighborhood Overlay regulations, including general performance standards and applicable neighborhood performance standards.

(2)

Where the exempt use does not comply with said regulations, the Zoning Board of Appeals shall, by modification permit, modify said regulations if compliance with the regulation substantially diminishes or detracts from the usefulness of a proposed development or impairs the character of the development so as to affect its intended use; provided, however, that the relief granted will not create a public safety hazard along adjacent roadways and will not adversely impact natural resources or create a nuisance or adverse impacts to other surrounding properties. A modification permit shall be subject to the same procedural requirements as a special permit, except that approval of a modification permit shall require a simple majority of the members of the Board.

Continuation. Any lawfully established lot, structure or use existing at the time of the adoption of §§ 240-131 through 240-131.8 that does not conform to the provisions of the CBD shall be allowed to continue.

Change, expansion or alteration of uses and structures. Changes, expansions, or alterations of existing conforming or nonconforming uses and structures lawfully existing are permitted subject to the following:

(1)

As of right.

(a)

The normal and customary repair and maintenance of a building or structure and the conversion of existing floor area to habitable space consistent with Board of Health and other regulations is permitted as of right.

(b)

The alteration and expansion of a building or structure is permitted as of right, provided that the alteration or expansion shall conform to following criteria:

[1]

Conforms to applicable height and setback requirements of § 240-131.5B, § 240-131.5A notwithstanding.

[2]

Does not exceed the coverage limitations set forth in § 240-131.6.

[3]

Complies with applicable general and neighborhood performance standards.

(2)

By special permit.

(a)

The alteration or expansion of an existing conforming or nonconforming lawfully established building or structure in lawful existence at the time of adoption of §§ 240-131 through 240-131.8 that does not qualify under the as-of-right provisions above shall be permitted only by a special permit from the SPGA. In granting such special permit, the SPGA shall find that the proposed alterations and/or expansions:

[1]

Are not substantially more detrimental to the environment, community and/or historic character of the neighborhood than the existing building or structure.

[2]

Comply with § 240-131.1, Purposes and intent, and with the performance standards and design guidelines for the neighborhood overlay area in which the development is located, in accordance with § 240-131.7, Neighborhood District Overlay regulations, with the exception of the dimensional requirements of § 240-131.7D(1).

[3]

Do not entail an increase in gross floor area or footprint for voluntary demolition of a single-family residence.

[4]

Do not exceed 25% of the gross floor area of structures in existence as of July 1, 1989, or do not exceed 10% of the gross floor area of structures in existence as of November 6, 2009.

[5]

Do not increase lot coverage over what is allowed under § 240-131.6, Coverage limitations, or by more than 10% over what was existing on November 6, 2009, whichever is greater.

[6]

Do not increase flood hazards in the neighborhood.

[7]

Maintain or enhance views to Nantucket Sound and/or the Centerville River where applicable in accordance with § 240-131.5, Note 4.

[8]

In V Zones, do not increase south-facing building surfaces so as to limit the adverse effect of increasing elevation or velocity of floodwaters due to a change in flowage characteristics on the subject site, adjacent properties, or any public or private way.

Special permit for dimensional relief. The SPGA may provide relief from minimum yard setbacks when such relief ensures that the proposed development:

(1)

Is consistent with § 240-131.1, Purposes and intent;

(2)

Is consistent with the performance standards for the neighborhood district where the development is located in accordance with § 240-131.7, Neighborhood Overlay regulations; and

(3)

The applicant demonstrates undue hardship without desired relief.

Reestablishment of damaged or destroyed use, building or structure.

(1)

The reestablishment of a lawfully established conforming or nonconforming use and/or building or structure which has been destroyed or damaged by fire, acts of nature or other catastrophe shall be permitted as of right, provided that the Building Commissioner has determined that all the following conditions are met:

(a)

The reconstruction or repair will not materially increase the gross floor area or height of the building or structure beyond that which previously existed, nor materially increase the footprint of the structure; or materially change the grade other than grades required for installation or upgrade of on-site septic systems; except that buildings in the floodplain that existed prior to November 6, 2009, may be elevated two feet above BFE or as required by the applicable law regardless of the resulting building height, provided that the building complied with building height regulations at the time of its construction.

(b)

If the building's location on the lot is to be changed, it will change in a manner that will be closer to complying with the dimensional and bulk regulations and with performance standards regarding building orientation.

(c)

The reconstruction or repair will not constitute an expansion or intensification of any use.

(d)

In the case of any use in which it would otherwise be required, the site plan review process has been followed.

(e)

Design and architecture of damaged or destroyed buildings and structures in existence at the time of the adoption of this regulation may be replicated. If the Building Commissioner finds that the structure is to be rebuilt to replicate what existed before the damage or destruction, the design guidelines in this chapter do not apply. If the structure is in the floodplain, any design or architectural changes associated solely with floodproofing the reconstructed structure shall not require compliance with the design guidelines.

(2)

Any previously established use or structure which no longer complies with the provisions of the CBD shall be discontinued unless a building permit has been applied for within two years from the date of damage or destruction, and construction is continuously pursued to completion.

Voluntary demolition and reconstruction of single-family residences. Lawfully established single-family residences may be demolished and reconstructed in accordance with § 240-131.4F.