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

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;ay (Adjourned Session of the 1983 Annual Town Meeting - April 6, 1983.) Article 14. (Motion as adopted under Article 14: (Cont.) (Cont.) 5.2.6 SPECIAL CONDITIONS, EXISTING SECOND DWELLING UNITS IN VIOLATION All second dwelling units which existed as of January 1, 1983, 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 documentation 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 re- quired 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 com- pliance cannot be achieved through corrective changes. The owner of a second dwelling unit built prior to January 1, 1983 is eligible to apply within 60 days of the date of the determination to the SPGA for a special permit for maintenance of an existing, non - complying apartment, subject to the special conditions in subparagraph 5.2.6.c, below. C. Special conditions for second dwelling units constructed prior to January 1, 1983 that comply with at least subpara- graphs 5.2.2.a.1, 2, and 3; 5.2.2.b.1; and 5.2.2.c. 1. Upon presentation of evidence of construction prior to January 1, 1983, the owner may apply to the SPGA for a special permit for maintenance of an existing non- complying apartment. 2. The SPCA shall ordinarily grant a special permit for the existing non - complying second dwelling unit unless specific evidence is submitted supporting any claim that the unit has caused a deterioration of the single family neighborhood, a decrease in property values, or has caused any other substantial detrimental effect on the public welfare and convenience. In weighing such claims and evidence, the SPGA shall consider whether any changes .required to bring the second dwelling unit into com- pliance are sufficient to counteract any prior negative impact. 3. In granting a special permit, the SPGA may impose such additional conditions as it may deem necessary to protect the single family appearance of the dwelling, and to bring the dwelling as close to conformity with the � s conditions and requirements for new accessory apartments, paragraph 5.2.2, as is feasible. 4. A special permit granted by the SPGA shall include a condition that a certificate of occupancy shall be ob- tained for periods not to exceed three years in the same manner as set forth in paragraph 5.2.3. No subsequent certificate of occupancy shall be issued unless there is compliance with the plans and conditions approved by the SPGA.