1983-03-07 to 1983-05-16-ATM-min

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(Adjourned Session of the 1983 Annual Town Meeting - April 6, 1983.) Article 14. (Motion of the Accessory Apartment Committee dated March 30, 1983 (Cont.) as filed with the Town Clerk on April 4, 1983: (Cont.) a. Written notice thereof shall be made to the building commissioner on a form prescribed by him. b. The owner shall be resident in the house for at least two years prior to the temporary absence. C. The residence shall be owner occupied for at least two years between such temporary absences. d. The house shall remain the owner's primary legal residence for voting and tax purposes. 5.2.5 REGISTRATION OF NON - CONFORMING UNITS CREATED BEFORE 1924 a. For a second dwelling unit which existed as of January 1, 1983, in a one family dwelling, in an RO or RS district, to be a non - conforming (lawful) use, the second dwelling unit must have been constructed prior to March 17, 1924 in a dwelling and have been in continuous use since that time with the exception of temporary non -use for a period not greater than twenty -four consecutive months. b. To verify the nonconforming status of such a unit, an owner shall apply for a certificate of occupancy from the building commission- er prior to January 1, 1985 and shall present documentary evidence that: 1) the second dwelling unit was constructed prior to March 17, 1924; and 2) the unit was in use for any three years between 1978 and 1982 inclusive, which shall, for this purpose, be considered prima facia evidence of continuous use since 1924; and the building commissioner shall issue a certificate of occupancy, which shall remain effective so long as the second dwelling unit remains in continuous use. If sufficient evidence of construction prior to March 17, 1924 and of continued use is not presented, the second dwelling unit shall be considered a second dwelling unit in violation, and shall comply with Para - graph 5.2.6. C. If an owner does not apply for a certificate of occupancy by January 1, 1985, he /she shall be required to present evidence of continuous use of the second dwelling unit since 1924 in order to obtain a certificate of occupancy, and shall be subject to penal- ties under paragraph 3.1.1. 5.2.6 SPECIAL CONDITIONS, EXISTING SECOND DWELLING UNITS IN VIOLATION All second dwelling units which existed as of January 1, 1.983, in a one family dwelling in an RO or RS district, except those which are a lawful, non - conforming use, or those which were granted a special permit under Table 1, Use Regulations Schedule, line 1.6, dwelling conversion to two family, or similar provisions of preceding Zoning By -Laws, are in violation of the Zoning By -Law. a. Owners of existing second dwelling units in violation must apply to the building commissioner for a determination of compliance with paragraph 5.2.2 before January 1, 1985. Applications shall be accompanied by a filing fee and by such plans and other docu- mentation related to the conditions and requirements of paragraph 5.2.2, as may be required by the building commissioner. b. Within 90 days the building commissioner shall issue one of the following: 1. A determination of compliance with paragraph 5.2.2, and a certificate of occupancy. 2. A conditional determination of compliance with paragraph 5.2.2, describing corrective changes needed to bring the second dwelling unit into compliance, which changes shall be completed within 90 days of the date of the conditional determination. Upon successful completion of the required changes, the building commissioner shall issue a certificate of occupancy. 3. A determination of non - compliance with one or more of the requirements of paragraph 5.2.2, together with a listing of those requirements and conditions with which compliance cannot be achieved through corrective changes.