HomeMy WebLinkAboutChapter 240-91 Nonconforming lot§ 240-91. Nonconforming lot.
A. Separate lot exemption. Any increase in area, frontage, width, yard or depth requirement of
this chapter shall not apply to a lot for single- or two-family residential use which at the time
of recording or endorsement:
(1) Was not held in common ownership with any adjoining land; and
(2) Had a minimum of 5,000 square feet of area and 50 feet of frontage or the minimum
frontage requirement for the zoning district in which it is located; and
(3) Conformed to the existing zoning if any when legally created; and
(4) Was separately owned at the time of every zoning change which made it
nonconforming.
B. Common lot protection.
(1) Any increase in the area, frontage, width, yard or depth requirement of this chapter shall
not apply for a period of five years from the effective date of the change, to a lot for
single- or two-family residential use that:
(a) Is held in common ownership with not more than two adjoining lots; and
(b) Had a minimum of 7,500 square feet in area and 75 feet of frontage or the
minimum frontage requirement for the zoning district in which it is located; and
(c) Was recorded or endorsed on a plan that conformed to zoning when legally created;
and
(d) Conformed to applicable zoning requirements as of January 1, 1976.
C. The protection afforded by Subsection B shall become vested upon the sale or transfer of the
lot so protected into ownership separate from that of adjoining lots or the building thereon of
a residence. [Amended 1-20-2005 by Order No. 2005-039]
D. Approval-not-required plan protection. Any change in uses permitted under this chapter shall
not apply to any lot created by a plan endorsed by the Planning Board as a plan not requiring
approval under the Subdivision Control Law for such period of three years from the date of
endorsement, as provided by MGL Ch. 40A, § 6.
E. Subdivision plan protection. Any change in this chapter shall not apply to land shown on a
plan under the Subdivision Control Law by a duly submitted and endorsed definitive
subdivision plan, or a preliminary plan followed within seven months by a definitive plan,
for such period of eight years from the date of endorsement, as provided by MGL Ch. 40A,
§ 6. Any legally created lot with a recorded release from covenant of the Planning Board that
has been sold or transferred into separate ownership and control from any adjoining lots
within eight years from the endorsement of the original subdivision plan shall be exempt
from any dimensional or bulk zoning changes and shall not lose its status as a single buildable
lot under zoning.
F. Merged lots. Except as otherwise provided herein, lawfully nonconforming lots that are
Town of Barnstable, MA
Downloaded from https://ecode360.com/BA2043 on 2025-03-27
adjoining and held in common ownership, or under the control of the same owner, shall be
treated so as to conform so far as possible with the minimum area requirement of the zoning
district in which they are located. No lot so merged, or portion thereof, may be changed or
transferred in any manner that will increase the degree of nonconformity unless a special
permit has first been obtained from the Zoning Board of Appeals. No such special permit
may create any additional buildable lot(s).
G. Resource Protection Overlay District. [Amended 10-26-2000]
(1) Any increase in area, frontage, width, yard or depth requirements of the Resource
Protection Overlay District shall not apply to a lot for single- or two-family residential
use which immediately prior to November 16, 2000, either:
(a) Conformed to the applicable bulk requirements of this chapter immediately prior
to November 16, 2000: or
(b) Immediately prior to (on the effective date of this chapter,) was protected from the
applicable bulk requirements of this subsection by the provisions of § 240-91A, B,
C, D, or E of this chapter.
(2) This protection afforded by this subsection shall be permanent.
H. Developed lot protection; demolition and rebuilding on nonconforming lots. Preexisting legal
nonconforming lots which have been improved by the construction of a single- or two-family
residence which conformed to all provisions of the zoning ordinance or bylaw at the time of
construction shall be entitled to completely demolish the old residence and construct thereon
a new residence in accordance with the following. [Added 11-18-2004 by Order No.
2005-0251]
(1) As-of-right. The proposed demolition and rebuilding shall be permitted as-of-right on a
preexisting legal nonconforming lot that contains a minimum of 10,000 square feet of
contiguous upland, provided that the Building Commissioner determines that all of the
following criteria are met:
(a) The proposed new structure conforms to all current use and setback requirements
of the zoning district it is located in;
(b) The proposed construction conforms to the following requirements of lot coverage,
floor area ratio and building height:
[1] Lot coverage by all buildings and all structures shall not exceed 20% or the
existing lot coverage, whichever is greater;
[2] The floor area ratio shall not exceed 0.30 or the existing floor area ratio of the
structure being demolished and rebuilt, whichever is greater; and
[3] The building height, in feet, shall not exceed 30 feet to the highest plate and
shall contain no more than 2 1/2 stories. The building height, in feet, shall be
defined as the vertical distance from the average grade plane to plate.
1. Editor's Note: This order also redesignated former Subsection H(2) as Subsection H(3).
Town of Barnstable, MA
§ 240-91 § 240-91
Downloaded from https://ecode360.com/BA2043 on 2025-03-27
(c) Further expansion of the rebuilt structure must conform to Subsection H(1)(b)
above.
(2) As of right: merged lots each containing a minimum area of 43,560 square feet of
contiguous upland. Where, immediately prior to November 16, 2000, two legally
created contiguous lots each containing a minimum area of 43,560 square feet of
contiguous upland were: (a) located in the Resource Protection Overlay District and (b)
held in common ownership and (c) improved by the construction of one single-family
residence, including accessory structures which occupied both lots, each said 43,560
square foot lot may be treated under these provisions as two separate buildable lots,
provided that each of said lots conformed to all the bulk regulations of the zoning
ordinance immediately prior to November 16, 2000, and as long as the other
requirements of § 240-91H(1)(a) through (c) above are satisfied. [Added 5-7-2009 by
Order No. 2009-099]
(3) By special permit. If the proposed demolition and rebuilding cannot satisfy the criteria
established in Subsection H(1) above, then the Zoning Board of Appeals may allow the
demolition and rebuilding by special permit, provided that the Board finds that:
(a) If the proposed new dwelling does not comply with Subsection H(1)(a) above, then
the proposed yard setbacks must be equal to or greater than the yard setbacks of
the existing building; and [Amended 2-17-2005 by Order No. 2005-058]
(b) All the criteria in Subsection H(1)(b)[1], [2] and [3] above are met.
(c) The proposed new dwelling would not be substantially more detrimental to the
neighborhood than the existing dwelling.
(d) This section shall only apply to Subsection H(2) to the extent that the proposed
demolition and rebuilding cannot satisfy the criteria established in Subsection H(1)
above and shall not be available for relief from any of the other provisions of
Subsection H(2). [Added 5-7-2009 by Order No. 2009-099]
Town of Barnstable, MA
§ 240-91 § 240-91
Downloaded from https://ecode360.com/BA2043 on 2025-03-27