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

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C , C) (Adjourned Se of the 1983 Annual Town Meeting - April 6, 1983.) ,1 zi Article 14. (Motion as adopted under Article 14: (Cont.) (Cont.) b. The application for a building permit shall be accompanied by a filing fee and by such plans and other documentation related to the conditions and requirements of paragraph 5.2.2 as the building commissioner may require. C. Not less than 14 days before issuing a building permit, the building commissioner shall notify owners of property immediately abutting the applicant's property, including owners of property separated from the applicant's property by a public or private way, an application for a building permit for an accessory apartment has been filed. d. The building commissioner shall act on the application within 30 days of receipt. e. No use as an accessory apartment shall be permitted prior to .issuance of a certificate of occupancy by the building commissioner. A Certificate of Occupancy shall be issued after the building commissioner determines that the accessory apartment as constructed is in conformity with the approved plans and with the provisions of this by -law. f. A certificate of occupancy shall be issued for a period not greater than three years. Continued occupancy will require issuance of a new certificate of occupancy. Proof of owner occupancy shall be submitted with the application for a new certificate of occupancy. g. A certificate of occupancy shall be issued to the owner only, and is not transferable. A new owner shall apply to the building commissioner for a new certificate of occu- pancy. 5.2.4 TEMPORARY ABSENCE OF OWNER An owner of a dwelling containing an accessory apartment who is to be absent for a period of less than two years may rent the owner's unit as well as the second unit during the temporary absence provided: " 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 commissioner 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 suffi- cient 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 paragraph 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 penalties under paragraph 3.1.1.