10/13/2004 ZONING BOARD OF APPEALS Minutes

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Exhibit E -�- unless the use or construction is commenced within a period of not more than 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. §174-16. Options for those in incentive zoning districts. A. In the C-1-SV Incentive Zoning District and C-1-0 Incentive Zoning District, lot owners shall have the option to elect, accept and adopt, and therefore have a right to, either all uses and benefits available to all lot owners in the underlying C-1 Commercial District as designated in the Table of Use Regulations of the Zoning Bylaws or,in the alternative, to elect, accept and adopt the uses and benefits available to lot owners in the newly created C-1-SV or C-1-0 Incentive Zoning Districts designated in said Table of Use Regulations, B. Lot owners must elect to adopt entirely within any qualifying lot the provisions of the incentive zone in which their property lies,or the underlying C-I Commercial Zoning District provisions. The two (2)sets of provisions cannot be mixed within any qualifying lot. This election and/or decision must be made before an application for the required special permit and submitted to the Town of Mashpee. A letter notifying the town of the decision must accompany any application for a special permit. ARTICLE V -Nonconforming Buildings and Uses §174-17. Continuance;extensions;alterations. Lawfully created structures or uses may be continued, although not conforming with the provisions of this chapter. Nonconforming single- or two-family dwelling structures may be changed,extended'or altered if such change, extension or alteration complies with the dimensional requirements applicable to the lot under current provisions of §174-31 or, for lots which have been developed pursuant to §174-21,complies with such requirements as were applicable to initial construction of the dwelling under provisions of §174-21. Changes, extensions or alterations of nonconforming single-or two-family dwelling structures which do not meet the applicable dimensional requirements as set forth above, and changes, extensions or alterations of all other nonconforming structures, or nonconforming uses, may not be made unless there is a written finding by the Board of Appeals that such change, extension or alteration shall not be substantially more detrimental than the existing nonconforming structure or use to the neighborhood and that there is adequate land area to provide sufficient parking and setbacks as may be required. The Board of Appeals shall follow the procedures specified in the general laws for special permits in processing requests for such findings. For the purposes hereof,compliance with dimensional requirements shall be determined by the Inspector of Buildings. History Amended 104 1993 ATM: Article 24 apDroved by Attorney General on 10-18-1993. §174-18. Change of nonconforming use to conforming use. If any nonconforming use of any structure or land, or both,is changed to a conforming use,it shall not thereafter be put into any nonconforming use. §174-19. Abandonment of nonconforming use. If any nonconforming development or use of land or of a building is discontinued for a period of not less than twenty-four(24) consecutive month, which, in the terms of this chapter,shall be evidence of abandonment of a nonconforming usage,such land or building shall thereafter be used or developed only in accordance with the terms of this Zoning Bylaw for the zoning district in which such property is located. §174-20. Rebuilding of destroyed or damaged nonconforming structure. Any nonconforming building or structure destroyed or damaged by fire, flood lightning, wind or otherwise may be rebuilt, subject to approval of the Board of Appeals subject to the same conditions as set forth in§174-24 of this chapter. §174-20.1 Rebuilding historic structures. Notwithstanding any provisions of this Chapter, within the Mashpee Center Overlay District any structure built prior to 1945 and subsequently demolished may be reconstructed in its original location, or within 50 feet of said location, provided its exterior design and appearance is essentially the same as the original structure and it is determined by majority vote of the t Editor's Note: See§174-25,Table of Use Regulations. 9