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information from the applicant to demonstrate that the accessory apartment will not negatively impact abutting property. F. Parking. Notwithstanding the provision of § 174- 39, at least one (1) off-street parking space shall be provided for the accessory apartment. All parking for Accessory Apartments shall be off- street. G. No new driveway or curb cut shall be created to service the accessory apartment, unless the Building Inspector determines that, due to severe topographic or other constraints on the lot, the required parking cannot be provided without relief from this provision and unless any necessary town or state curb cut permit is approved. H. The accessory apartment shall not be occupied until a Certificate of Occupancy has been issued by the Building Inspector. The accessory apartment shall, further, not be rented until any applicable Rental property Bylaw requirements, including registration with the Board of Health and issuance of a Rental Certificate have first been met. L An accessory apartment shall not be used for boarding and lodging, or other commercial use. An accessory apartment and principal dwelling to which it is accessory may be rented for periods of at least 30 consecutive days at a time and are prohibited from any use as rental units on a weekly or daily basis. Property owners who fail to comply with this requirement shall be subject to a three -hundred dollar ($300) fine each day that this violation persists. J. An accessory apartment is not intended for sale. The principal dwelling and accessory apartment and lot on which they are located shall remain in common or single ownership, and shall not be severed in ownership, including that the lot or buildings thereon shall not be placed in a condominium form of ownership. K. Monitoring and Enforcement. A determination by the Building Inspector that the property owner has failed to maintain compliance with the forgoing criteria shall constitute sufficient basis for a determination that the permitted rights and benefits conferred hereunder are null and void, whereupon, the elements that render the accessory apartment a separate dwelling unit shall be removed from the property within 90 days of said determination, with the owner to comply with all requirements of the State Building Code and Town Zoning Bylaws in removing elements determined to be unpermitted. L. Pre-existing Legal Units. The rights and requirements of this bylaw hereby transfer to any property owner who has constructed or has been granted the rights to construct an accessory apartment under a Special Permit from the Board of Appeals prior to the adoption of this bylaw. The Building Inspector or his designee shall convey notice of such transfer of rights to said property owners by December 31, 2020. M. Amnesty. In an effort to meet local housing needs, real property containing an accessory apartment as described in this Section, for which a validly -issued Variance, Special Permit, Building Permit, Occupancy Permit or Rental Certificate does not exist, may apply to the Building Department for an Occupancy Permit or to the Health Department for a Rental Certificate to continue legal use as an accessory apartment. Amnesty is for accessory apartments not permitted prior to the passage of this bylaw and shall not be granted unless the septic loading capacity for existing structure(s) and the existing approved septic flow for the property, both comply with the requirements of the Mashpee Board of Health regulations and 310 CMR 15.00 — The State Environmental Code, Title 5. Failure to comply with all pertinent State and local rules and regulations shall result in forfeiture of the accessory dwelling unit and/or the removal of the bedroom(s) causing exceedance to the approved septic flow capacity of the property. Submitted by the Planning Board Explanation: This article would allow accessory apartments as a by right use. It would also allow accessory apartments in newly constructed or pre- existing detached structures. Accessory apartments would also be allowed to be constructed within the principal structures existing envelope. It also defines standards limiting short term rentals and establishes enforcement criteria. [o