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ZONING CHAPTER 179 FROM THE CODE OF THE TOWN OF BREWSTER COUNTY OF BARNSTABLE COMMONWEALTH OF MASSACHUSETTS PRINTED AS APPROVED May 2010 Town Meeting (with November 2010 Town Meeting as voted) 11-2010 Page 1 of 119 Chapter 179 ZONING [HISTORY: Adopted 5-14-1979 Annual Town Meeting. Amendments noted where applicable.] GENERAL REFERENCES Accommodations — See Ch. 56. Alcoholic beverages — See Ch. 60. Beaches — See Ch. 65. Boats — See Ch. 69. Building construction — See Ch. 72. Camping — See Ch. 77. Development plan review — See Ch. 83. Dredging and soil removal — See Ch. 89. Erosion — See Ch. 93. Flooding — See Ch. 100. Noise — See Ch. 125. Sewers — See Ch. 150. Streets and sidewalks — See Ch. 157. Swimming pools — See Ch. 160. Subdivision rules and regulations — See Ch. 290. ARTICLE I General Provisions § 179-1. Authority; purpose. A. The Brewster Zoning Bylaw, adopted in 1960, and all subsequent amendments thereto, hereinafter called "this chapter," is adopted and from time to time amended as authorized by MGL C.40A, as amended, herein called the "Zoning Act," and by Article 89 of the Amendments to the Constitution, the Home Rule Amendment. B. In conjunction with the purposes stated in the Zoning Act, this chapter shall provide protection for inland and coastal wetlands, as well as existing and potential watersheds, and shall give direction and effect to the development objectives and recommendations contained in the Brewster Master Plan of 1970, as may be amended from time to time. § 179-2. Definitions. A. Words used in the present tense indicate the future; the singular number includes the plural and the plural the singular; the words "used" or "occupied" include the words "designed," "arranged," "intended" or "offered to be used or occupied"; the words "building," "structure," "lot," "land" or "premises" shall be construed as though followed by the words "or any portion thereof," and the word 11-2010 Page 2 of 119 "shall" is always mandatory and not merely directory. [Amended 5-3-1999 ATM, Art. 29; 11-17-2003 FYTM, Art. 16] B. As used in this chapter, the following terms shall have the meanings indicated: ABANDONMENT — The visible or otherwise apparent intention of an owner to discontinue a nonconforming use of a building or premises; or the removal of the characteristic equipment or furnishing used in the performance of the nonconforming use, without its replacement by similar equipment or furnishings; or the replacement of the nonconforming use or building by a conforming use or building. AFFORDABLE ACCESSORY COMMERCIAL DWELLING UNIT (AACDU) — Affordable housing as an accessory use in a commercial district. It shall have a maximum of one bedroom and a maximum of 600 square feet of area[Added 11-5-2007 FYTM, Art. 20] AFFORDABLE ACCESSORY SINGLE-FAMILY DWELLING UNIT (AASDU) — Affordable housing, either attached or detached, as an accessory use to a single-family dwelling. It shall have a maximum of two bedrooms and a maximum of 900 square feet of area. [Added 11-5-2007 FYTM, Art. 20] AFFORDABLE HOUSING — A dwelling unit, controlled by a use restriction in accordance with § 179- 42.1, the Affordable Housing Bylaw, and occupied by individuals falling into one of the following categories:[Added 11-5-2007 FYTM, Art. 20] (1) Immediate family members of the record owner of the dwelling unit, for example a son, daughter, mother, father, or grandparent. (2) Individuals with low or moderate income levels as provided in the Massachusetts Department of Housing and Community Development (DHCD) regulations and verified by the Brewster Housing Authority or other DHCD approved agency. AFFORDABLE MULTIFAMILY DWELLING UNITS (AMDU) — More than two but no more than four affordable housing units within a building unit. Each affordable housing unit shall have a maximum of two bedrooms and a maximum of 900 square feet of area. [Added 11-5-2007 FYTM, Art. 20] ALTERATION — Any construction, reconstruction or other action resulting in a change in the structural parts or height, number of stories or exits, size, use or location of a building or other structure. ANIMAL HOSPITAL – A place where animals are given medical or surgical treatment by or under the supervision of a veterinarian and boarding is short-term care incidental to hospital use and care. [Added, 11-15-2010, FSTM, Art. 13] AUTOMATED AND DRIVE-THROUGH FINANCIAL ESTABLISHMENTS/STRUCTURES — An establishment or structure whose principal business or purpose allows for the deposit or withdrawal of money and whose method of operation includes one or both of the following characteristics: [Added 11-15- 1993 FYTM, Art. 19] (1) Customers are able to carry out transactions while remaining within a motor vehicle. (2) Customers can carry out transactions by using automated teller machines, either contained within a freestanding structure or within and/or integral to a principal use. 1. Editor’s Note: The former definition of “affordable accessory apartment,” added 11-18-2002 FYTM, Art. 15, which immediately followed this definition, was repealed 11-5-2007 FYTM, Art. 20. 11-2010 Page 3 of 119 BAKERY – An establishment primarily engaged in the preparation and wholesale and/or retail sale of baked products for consumption off-site. Such use may include incidental food service. A bakery where all products are prepared off-site shall be considered a general retail use. [Added, 11-15-2010, FSTM, Art. 13] BARN — Any building or structure where a farm animal is sheltered or a portion of a building used for this purpose. [Added 5-12-1980 ATM, Art. 38] BOARD — The Board of Appeals of the Town of Brewster, Massachusetts. 2 [Amended 5-12-1986 ATM, Art. 33] BUILDING, ACCESSORY — A detached building or structure a) which is used for a purpose which is customarily incidental and subordinate to the use of the principal building, b) which is located on the same lot, and c) which is not a shed as defined in this chapte[Amended 11-18-2002 FYTM, Art. 19] BUILDING AND CONSTRUCTION TRADES SHOP OR GARAGE — A single structure or up to four separate structures, the combined square footage of which shall not exceed 6,000 square feet, housing up to four building-trade-related businesses, such as construction, electrical, heating or plumbing contracting, but not including excavation or septic installer. All business activities shall be confined to within the structure(s).[Added 5-7-2007 ATM, Art. 24] BUILDING, PRINCIPAL — The structure in which the primary use of the lot is conducted, including porches, patios, decks, utility buildings and any other attached projections of the structure. The principal structure shall include a structure, whether portable or fixed, wholly or partly enclosed within walls, party walls and roof, built, erected and framed of component structural parts, designed for housing, shelter, enclosure and support of individuals, animals or property of any kind. For purposes of this definition, ―roof‖ shall include an awning or similar covering, whether or not permanent in nature. [Added 5-7-2007 ATM, Art. 26] BUILDING UNIT — A single building, or a portion of a single building, having the principal means of ingress and egress, separate and distinct from other portions of the same building. CLINIC, MEDICAL OR DENTAL – A facility employing more than one doctor or dentist or health care provider providing treatment on an out-patient basis. [Added, 11-15-2010, FSTM, Art. 13] CLUSTER RESIDENTIAL DEVELOPMENT — A division of land into lots for use as residential building sites where said lots are arranged into one or more groups having area and yard measurements less than the minimum required in Table 2. [Amended 8-27-1984 STM, Art. 56] COMMERCIAL PARKING LOT or STRUCTURE — A lot or a group of lots or a structure, whose purpose is to provide vehicular parking for six or more vehicles. The lot or group of lots or structure may be used to provide parking for an adjacent building or business establishment or athletic facility or any other type facility enumerated in § 179-22A, Table 4. The area(s) on a lot whose principal use is not as a parking lot but as a facility for which parking must be provided under the requirements of § 179-22 of the Code of the Town of Brewster shall not be considered as a parking facility. Parking facilities shall not be established in residential zones[Added 11-15-2004 FYTM, Art. 16] COMMUNICATION TOWER — A freestanding or guyed vertical structure designed for the purpose of 2. Editor’s Note: The former definition of “building,” which immediately followed this definition, was repealed 5-7-2007 ATM, Art. 26. 11-2010 Page 4 of 119 supporting communication antennas, including but not limited to microwave transmitting and/or receiving antennas, microwave reflectors, broadcasting antennas, cellular telephone antennas, pager antennas and cable television antennas. Structures transmitting only visible light are excluded from this definition, and this definition shall not apply to the construction or use of an antenna structure by a federally licensed amateur radio operator. [Added 5-5-1997 ATM, Art. 75] CONVALESCENT HOME — A home for the aged, chronically ill, persons requiring care or incurable persons in which three or more persons, not of the immediate family, are received, kept or provided with food and shelter or care for compensation; but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured. COTTAGE COLONIES — Any group of two or more rental cottages on a parcel of land. DRIVEWAY — Any open space, located on a lot, which is not more than 24 feet in width built for access to a garage, or off-street parking or loading space. DWELLING, MULTIFAMILY — A building containing three or more dwelling units. DWELLING, ONE FAMILY WITH ACCESSORY APARTMENT — An owner-occupied building containing two dwelling units, one of which shall be an accessory apartment with a net floor living area not exceeding 600 square feet and including not more than one bedroom, a kitchen, living room and bath. For the purpose of this definition, such dwelling shall be deemed to be owner-occupied if either dwelling is occupied by the property owner of record on a year-round basis, except for bona fide temporary absences during which the unit is not rented. The apartment created by this definition shall be restricted to use by the property owner's immediate family, including in-laws (mother, father, brother, sister), and/or a health care professional providing a service to the above family or to take any other action relative thereto[Added 5-9- 1988 ATM, Art. 98] [Amended, 11-15-2010, FSTM, Art. 11] DWELLING UNIT — One or more living and sleeping rooms providing complete living facilities for the use of one or more individuals constituting a single housekeeping unit, with permanent provisions for living, sleeping, eating, cooking and sanitation. ESSENTIAL SERVICES — Services provided by public utility or governmental agencies through erection, construction, alteration or maintenance of underground or overhead gas, electrical, steam or water transmission or distribution systems and collection, communication, supply or disposal systems. Facilities necessary for the provision of "essential services" include poles, wires, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith. Specifically excluded from this definition are buildings necessary for the furnishing of adequate service by such public utility or governmental agencies for the public health, safety or general welfare. FAMILY — One or more persons, including domestic employees, occupying a dwelling unit and living as a single, nonprofit housekeeping unit. FARM ANIMAL — Includes sheep, goats, swine, bovines, horses, ponies, donkeys or mules of any age or sex. [Added 5-12-1980 ATM, Art. 38] FLOOD LINE — The limits of flooding from a particular body of water caused by a storm with an intensity to be expected once in five years, based on past records, as determined and certified by a registered professional engineer qualified in drainage. 11-2010 Page 5 of 119 FLOODPLAIN DISTRICT — An overlay district which delineates special flood hazard areas designated on the Town of Brewster Flood Insurance Rate Map as established by the National Flood Insurance Program. [Added 5-13-1985 ATM, Art. 63] FLOOR AREA, NET — The sum of the areas of the several floors of a building measured from the interior faces of the walls. It does not include cellars, unenclosed porches or attics not used for human occupancy or any floor space in accessory buildings or in the main building intended and designed for the parking of motor vehicles in order to meet the parking requirement of this chapter or any such floor space intended and designed for accessory heating and ventilating equipment. FUR ANIMAL — Includes mink, sable, ermine, fox and the like. [Added 5-12-1980 ATM, Art. 38] GIFT SHOP – Retail stores where items such as art, jewelry, books and notions are sold. Shops accessory to a home occupation, pursuant to Section 179-37, shall not be considered gift shops for the purpose of this by-law. HEALTH CARE PROVIDER -- Any person who is licensed or is otherwise registered or certified to engage in the practice of or otherwise performs duties associated with any of the following: medicine, dentistry, optometry, midwifery, osteopathy, podiatry, massage (by a Licensed Massage Therapist), chiropractic, physiotherapy, dental hygiene, psychiatry, or psychology. [Added, 11-15-2010, FSTM, Art. 13] HEIGHT — The vertical distance from the mean level of the adjacent natural ground to the top of the structure, measured at the highest roof beams of a flat roof or the highest gable or slope of a hip roof. [Amended 5-14-1990 STM, Art. 5; 5-2-2005 ATM, Art. 29] HOME OCCUPATION — An accessory use to be carried on entirely within a principal building, and/or accessory building(s), residents or the principal building with no more than two nonresident employees, and not in any manner changing the primary residential character of the property. [Amended 5-4-2009 STM] KENNEL – An establishment where dogs, cats or other small household pets are boarded for compensation. [Added, 11-15-2010, FSTM, Art. 13] LOADING SPACE — An off-street space used for loading or unloading not less than 12 feet in width, 30 feet in length and 14 feet in height and containing not less than 360 square feet, including both access and maneuvering area. LODGING HOUSE — A structure originally designed for single-family use which may be converted to provide rooms (not more than 12) for the use of one or more individuals not living as a single housekeeping unit and may provide a common dining facility. It shall include boardinghouse, tourist homes and rooming houses but does not include motels or hotels. LOT — An area or parcel of land or any part thereof, not including water area, in common ownership, designated on a plan filed with the administrator of this chapter by its owner or owners as a parcel to be used, developed or built upon as a unit under single ownership or control. Any subsequent subdivision of a "lot" into two or more "lots" shall be subject to and conform to all the regulations of the district. Therefore, for purposes of this chapter, a "lot" may or may not have boundaries identical with those recorded in the Barnstable County Registry of Deeds. LOT, CORNER — A lot at the point of intersection of and abutting on two or more intersecting streets, the interior angle of intersection of the street lot lines or, in the case of a curved street, extended lot lines being not more than 135°. 11-2010 Page 6 of 119 LOT DEPTH — The mean horizontal distance between the front lot line and the rear lot line. LOT FRONTAGE — The horizontal distance measured along the front lot line between the points of intersection of the side lot lines with the front lot line. LOT LINE, FRONT — The property line dividing a lot from a street right-of-way. On a corner lot, the owner shall designate one street line as the "front lot line." LOT LINE, REAR — The lot line opposite from the front lot line. LOT LINE, SIDE — Any lot line not a front or rear lot line. LOT, NONCONFORMING — A lot lawfully existing at the effective date of this chapter or any subsequent amendment thereto, which is not in accordance with all provisions of this chapter. LOT, THROUGH — An interior lot, the front and rear lot lines of which abut streets, or a corner lot two opposite lines of which abut streets. MAJOR RESIDENTIAL DEVELOPMENT — Either of the following: [Added 5-14-1990 STM, Art. 10] (1) Land division, whether a subdivision or not, so as to increase the number of buildable lots, unless restricted from residential use, to more than six within any twelve-month period. (2) Issuance of building permits for construction of more than eight dwelling units within any twelve-month period. MEDICAL CENTER OR CLINIC — A public medical facility devoted to diagnosis and outpatient treatment of the sick or injured.[Deleted, 11-15-2010, FSTM, Art. 13] MEMBERSHIP CLUB — A social, sports or fraternal association or organization which is used exclusively by members and their guests, which may contain bar facilities. MOBILE HOME — A dwelling unit built on a chassis and containing electrical, plumbing and sanitary facilities and designed to be installed on a temporary or permanent foundation for permanent living quarters. OFFICE, MEDICAL OR DENTAL -- A facility employing no more than one doctor or dentist providing treatment on an out-patient basis. Offices of Health Care Providers are also included under this definition. A medical or dental office can be considered a Home Occupation if it meets the requirements of Section 179-37 of this by-law. [Added, 11-15-2010, FSTM, Art. 13] OWNER — The duly authorized agent, attorney, purchaser, devisee, trustee, lessor or any person having vested or equitable interest in the use, structure or lot in question. PARKING SPACE — An off-street space having an area of not less than 200 square feet approximately 10 feet by 20 feet, plus access and maneuvering space, whether inside or outside a structure, for exclusive use as a parking stall for one motor vehicle, and further being surfaced with durable material. [Amended 5-3- 1999 ATM, Art. 33] PERSONAL SERVICE ESTABLISHMENT – An establishment providing non-medical services including beauty and barber shops; dry cleaning pick-up stores; shoe repair shops; tanning salons. These uses may also include accessory retail sales of products related to the services provided. [Added, 11-15-2010, FSTM, Art. 13] 11-2010 Page 7 of 119 PLANNED BUSINESS DEVELOPMENT — The development of a tract of land in single or consolidated ownership for commercial purposes where the uses shall be contained in more than one building and the development shall be served with common parking areas. [Amended 5-8-1989 ATM, Art. 44] PLANNED RESIDENTIAL DEVELOPMENT — A mixed use development on a plot of land in single or consolidated ownership, in which a mixture of residential, open space, commercial, recreational and other uses and a variety of building types may be permitted subject to the provisions of § 179-36.[Amended 5-14- 1984 ATM, Art. 99] POULTRY — Includes domestic fowl, such as chickens, turkeys, ducks and geese. [Added 5-12-1980 ATM, Art. 38] RECORDED — Recorded in the Barnstable County Registry of Deeds or registered in the Barnstable County Registry of Land Court. 3 RESTAURANT, FULL-SERVICE — An establishment in which food is prepared and served and customers’ orders are taken and served at dining tables and where customers pay after eating. A restaurant that otherwise satisfies the above noted definition may contain one takeout station. None of this type of establishment shall provide drive-through windows or in-car service or service areas. [Added 11-13-2006 FYTM, Art. 24] RESTAURANT, LIMITED-SERVICE — A limited-service restaurant is an establishment primarily engaged in providing food services where patrons generally order or select items and pay before eating. Examples of such establishments include: [Added 11-13-2006 FYTM, Art. 24] (1) Take-out restaurants a) at which orders are taken and food is prepared, b) at which food is sold to customers to be eaten elsewhere off the premises, and c) does not have an in-car, drive- through service or service area. None of this type of establishment shall provide drive-through windows or in-car service or service areas. (2) Fast-food restaurants a) at which orders are taken and food is prepared, b) at which food is sold to customers to be eaten on premises or elsewhere off the premises, and c) does not have an in- car, drive-through service or service area; pizza delivery services, non-alcoholic beverage bars, ice cream parlors, sandwich shops, carryout cookie shops and bagel shops with on-premises baking are all examples of this category. None of this type of establishment shall provide drive- through windows or in-car service or service areas. ROW COMMERCIAL — A structure or structures containing more than one commercial unit, each unit divided from others by fire walls, separation walls or other walls, or by being in a separate building so as to be separate and distinct from each other unit. Each unit contained shall be a permitted use and may be separately owned. [Amended 10-17-1988 STM, Art. 24; 5-8-1989 ATM, Art. 45; 11-13-2006 FYTM, Art. 32] ROW OR TOWN HOUSE — A single dwelling unit which is not above or below another dwelling unit and whose side walls are separated from other dwelling units by a fire wall or walls. Each unit in the row may be owned by a separate owner. SEPTAGE — The solid and liquid waste material removed from septic tanks, cesspools and sewage holding tanks. [Added 11-15-1999 FYTM, Art. 22] 3. Editor’s Note: The former definition of “restaurant,” added 5-1-2000 ATM, Art. 21, which immediately followed this definition, was repealed 11-13-2006 FYTM, Art. 24. 11-2010 Page 8 of 119 SEPTAGE TRANSFER — The process of transferring septage from one wheeled vehicle to another wheeled vehicle for transport to another location or transferring septage from a wheeled vehicle to a holding tank or transferring septage from a holding tank to a wheeled vehicle for further transport. [Added 11-15-1999 FYTM, Art. 22] SEPTAGE TRANSFER STATION — An indoor or outdoor facility, of any nature or design whatsoever, designed to perform or be the site of septic transfe[Added 11-15-1999 FYTM, Art. 22] SEPTIC TANK CLEANING SERVICE — A business that removes septage by using wheeled vehicles with pumping or vacuum systems and transports the septage in the same vehicle to a facility which will accept septage for treatment or processing with no intervening transfer to another wheeled vehicle. [Added 11-15-1999 FYTM, Art. 22] SHED — A single-story detached building or structure a) which has a footprint that does not exceed 120 square feet, b) which is used for a purpose which is customarily incidental and subordinate to the use of the principal building, and c) which is located on the same lot. A shed may be located as close as 10 feet from any side or rear property line, but shall conform to the front property line setback, as required by the Town of Brewster Zoning Bylaw. [Added 11-18-2002 FYTM, Art. 19] SIGN — See Article VI, Signs, § 179-19, Definitions. 4 [Amended 5-14-1990 ATM, Art. 46] SPECIAL PERMIT — A permit issued by the special permit granting authority to allow an optional use. A "special permit" can only be issued in cases where the Zoning Bylaw specifically allows one to be issued. [Added 5-11-1987 ATM, Art. 84] STABLE — Any structure used to house equines. [Added 5-3-1999 ATM, Art. 30] STREET — A way which is over 24 feet in right-of-way width which is dedicated or devoted to public use by legal mapping or by any other lawful procedure. A "street" includes all public ways, a way which the Town Clerk certifies is maintained and used as a public way, a way shown on a plan approved and endorsed in accordance with the rules and regulations governing subdivision of land in Brewster, Massachusetts, and a way having in the opinion of the Brewster Planning Board sufficient width, suitable grades and adequate construction to provide for the needs of vehicular traffic in relation to the proposed uses of the land abutting thereon or served thereby, and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon. STREET, ARTERIAL — Highways which connect state or larger population centers and form part of the state or federal highway system. STREET, COLLECTOR — Streets which receive traffic from arterial streets and distribute it to subareas or smaller population centers in the region. STREET, MINOR — Streets which primarily serve to provide access to individual land parcels. STRUCTURE — A combination of materials assembled at a fixed location to give support or shelter, such as a building, framework, retaining wall, tent, reviewing stand, platform, bin, fences over six feet high, sign, flagpole, recreational tramway, mast for radio antenna, or the like. The word "structure" shall be construed, where the context requires, as though followed by the words, "or part or parts thereof," 4. Editor's Note: The former definitions of "sign, business," "sign, identification" and "sign, surface area of," which immediately followed this definition were repealed 5-14-1990 STM, Art. 46. 11-2010 Page 9 of 119 consistent with the Massachusetts State Building Code, 6th Edition. [Amended 5-2-2005 ATM, Art. 27] SUBSIDIZED ELDERLY HOUSING — Housing in which 75% or more of the dwelling units are subsidized by the federal or state government under any program to assist the construction of low- or moderate-income housing as defined in the applicable federal or state statute, whether built or operated by any public agency or any nonprofit or limited dividend organization, with occupancy reserved to persons 62 years of age or older.[Added 12-10-1979 STM, Art. 37] TOURIST HOME – see LODGING HOUSE [Added, 11-15-2010, FSTM, Art. 13] TRAILER — Any vehicle or similar structure which is, has been or may be portable and is arranged, intended, designed or used for dwelling, sleeping, eating or business or is a place in which persons may congregate. It includes a mobile home. USE — The purpose for which a structure or lot is arranged, designed or intended to be used, occupied or maintained. USE, ACCESSORY — A use incidental and subordinate to the principal use of a structure or lot or a use, not the principal use, which is located on the same lot as the principal structure or use. Any use that is not allowed in the underlying district shall not be classified as an accessory use nor permitted as an accessory use. [Amended 11-17-2003 FYTM, Art. 17] USE, NONCONFORMING — A use lawfully existing at the time of adoption of this chapter or any subsequent amendment thereto, which does not conform to one or more provisions of this chapter. USE, PRINCIPAL — The main or primary purpose for which a structure or lot is designed, arranged or intended or for which it may be used, occupied or maintained under this chapter. Any other use within the main structure or the use of any other structure or land on the same lot and incidental or supplementary to the "principal use" and permitted under this chapter shall be considered an "accessory use." YARD — A portion of a lot, upon which the principal building is situated, unobstructed artificially from the ground to the sky, except as otherwise provided herein.[Amended 11-15-2004 FYTM, Art. 19] YARD, FRONT — A space extending the full width of the lot between the front line of the nearest building wall or structure and the front lot li[Amended 5-2-2005 ATM, Art. 28] YARD, REAR — A space, unoccupied except by an accessory structure or accessory use as herein permitted extending for the full width of the lot, between the rear line of the building wall or structure and the rear lot lin[Amended 5-2-2005 ATM, Art. 28] YARD, SIDE — An unoccupied space extending for the full length of a building between the nearest building wall or structure and the side lot lin[Amended 5-2-2005 ATM, Art. 28] VARIANCE — Such departure from the terms of this chapter as the Appeals Board, upon appeal in specific cases, is empowered to authorize under the terms of § 179-52 herein. ARTICLE II Establishment of Districts § 179-3. Districts enumerated. A. The Town of Brewster, Massachusetts, is hereby divided into zoning districts to be designated as 11-2010 Page 10 of 119 follows: Residential Rural R-R Residential Low Density R-L Residential Medium Density R-M Commercial High Density C-H Village Business V-B [Added 10-17-1988 STM, Art. 26] Industrial I Municipal Refuse District MRD Wetlands Conservancy WC Groundwater Protection District GPD [Added 5-9-1994 ATM, Art. 52] Floodplain FPD [Added 5-13-1985 ATM, Art. 64] Corridor Overlay Protection District COPD [Added 5-9-1994 ATM, Art. 25] Personal Wireless Services Communications Facilities Overlay District CT [Added 5-5-1997 ATM, Art. 76; amended 5-6-2003 by ATM, Art. 25] B. A portion of the district known as "Municipal Refuse District (MRD)" is to be zoned Residential Rural (R-R), the location and boundaries of said portion being shown on a map entitled "Supplemental Zoning Map" showing MRD District in Brewster, Massachusetts, made for the Town of Brewster, December 1972, Nickerson & Berger, Inc., Civil Engineers, Orleans, Massachusetts, and placed on file with the Town Clerk. C. That portion of the C-H Zoning District which is located in the area along Route No. 6A and 400 feet north and 400 feet south of the center line of Route No. 6A and between a line 400 feet west of Bassett Lane and Ellis Landing Road shall now be known as the "Village Business (V-B) District." [Added 10-17-1988 STM, Art. 26] D. The Corridor Overlay Protection District is a town-wide overlay protection district which is superimposed over all existing zoning distr[Added 5-9-1994 ATM, Art. 25] § 179-4. Zoning Map established. [Amended 10-17-1988 STM, Art. 26; 5-11-1992 ATM, Art. 34; 11-20-2000 FYTM, Art. 25] The location and boundaries of the zoning districts are hereby established as shown on the May 1979 Map entitled ―Zoning Districts Map of the Town of Brewster, Massachusetts,‖ which is on file in the Town Clerk’s Office, and which is a part of this chapter. 11-2010 Page 11 of 119 § 179-5. Determination of boundaries. Where any uncertainty exists with respect to the boundary of any district as shown on the Zoning Districts Map, the following rules apply: A. Where a boundary is indicated as a street, railroad, watercourse or other body of water, it shall be construed to be the center line or middle thereof or, where such boundary approximates a Town boundary, then to the limits of the Town boundary. B. Where a boundary is indicated as following approximately or parallel to a street, railroad, watercourse or other body of water, it shall be construed to be parallel thereto and at such distance therefrom as shown on the Zoning Districts Map. If no dimension is given, such distance shall be determined by the use of the scale shown on the Zoning Districts Map. C. Where a dimensional boundary coincides within 10 feet or less with a lot line, the boundary shall be construed to be the lot line. D. Where a boundary is indicated as intersecting the center line of a street, railroad, watercourse or other water body, and unless it is otherwise indicated, it shall be construed to intersect at right angles to the tangent to the curve at the point of intersection. E. When a district boundary line divides any lot in one ownership of record at the time such line is adopted, a use that is permitted on one portion of the lot may be extended into the other portion, provided that a special permit is granted by the Board of Appeals. F. When a lot in one ownership is situated so that a part of it is in Brewster and part is in an adjacent town, the provisions of this chapter shall be applied to that portion of the lot which lies in Brewster in the same manner as if the entire lot were situated therein; i.e., the entire area and frontage shall be considered in determining conformity to the dimensional requirements herein. The use of the portion of the lot in Brewster shall conform to the provisions herein.[Added 5-7-2007 ATM, Art. 27] § 179-6. Wetlands Conservancy District. A. Purpose. Wetlands Conservancy Districts are intended to preserve and maintain the groundwater table on which the inhabitants of this or other municipalities depend for water supply; to protect the purity of coastal and inland waters for the propagation of fish and shellfish and for recreational purposes; to protect the public health and safety; to protect persons and property from the hazards of flood and tidal waters which may result from unsuitable development in swamps, ponds, bogs or marshes along watercourses or in areas subject to floods or extreme high tides; and to conserve the natural character of the environment, wildlife and open space for the education and general welfare of the public. B. Locations and boundaries. [Amended 12-10-1984 STM, Art. 28] (1) Wetlands Conservancy Districts shall include all bordering vegetated wetlands, freshwater banks, land subject to flooding, land under a freshwater body, land under the ocean, coastal beaches, barrier beaches, rocky intertidal shores, land under salt ponds, fish runs, coastal dunes, coastal banks, salt marshes and land containing shellfish which are subject to the jurisdiction of the Wetlands Protection Act, MGL c.131, § 40, as amended. 11-2010 Page 12 of 119 (2) Wetlands Conservancy Districts shall also include the following soil types and soil associations, the location and boundaries of which are shown by Overlay Map Sheets 11, 16, 17, 18 and 22 encompassing the Town of Brewster and found in the ―Soil Survey of Barnstable County, Massachusetts‖ issued March 1993 by the United States Department of Agriculture, Soil Conservation Service, which survey is hereby made part of this chapter: Amostown (AmA); Beaches (Bh); Belgrade Silt Loam (BlB); Berryland (BmA); Boxford (BoA) (BoB); Deerfield (DeA); Dune Land (Dn); Freetown (Fm, Ft); Freetown and Swansea (Fs); Hooksan (HoC, HoD, HxC); Ipswich, Pawcatuck and Matunuck (ImA); Maybid (MaA, MbA); Pipestone (PeA); Scitico (ScA); Sudbury (SdA); and Walpole (WvA). Soil descriptions as well as their land uses and limitations are found in this survey. Any parcels of land under this section too small to show on the aforementioned map sheets but containing soil types and associations described in the above survey shall be subject to this chapter. Disturbed areas may be accorded Wetlands Conservancy District status if an on-site investigation determines that the filled area covers a Conservancy District soil or soil association. [Amended 5-9-1988 ATM, Art. 95; 5-8-1989 ATM, Art 46; 10-15-1990 STM, Art. 4; 11-19-2001 FYTM, Art. 17] C. Prohibited uses. The following uses are prohibited within the Wetlands Conservancy Districts as defined in this chapter: (1) Residential or commercial structures. (2) Dumping of filling with refuse, trash, rubbish or debris. (3) Any sewage disposal systems, storage areas, tanks for chemicals or petroleum products, or other potential sources of substantial pollution. D. Permitted uses. Except as provided in Subsection E below, buildings, structures and premises in Wetlands Conservancy Districts may be used only for the following purposes, so long as no dredging or filling is involved. (1) Fishing and shellfishing, including the raising and cultivation of fish and shellfish. (2) Forestry, grazing and farming, nurseries, truck gardening and harvesting of crops, including but not limited to such crops as cranberries, marsh hay, seaweed, berries and shrub fruits and trees, and work incidental thereto. (3) Conservation of soil, water, plants and wildlife. (4) Outdoor activities, including hiking, swimming, boating, nature study, fishing, trapping and hunting. (5) Drainage works which are part of the local flood and mosquito control conducted by an authorized public agent. (6) Such other agricultural, horticultural, floricultural, religious and educational uses as are exempted from prohibition by MGL c. 40A, § 3. (7) Uses accessory to residential or other primary uses, such as flower or vegetable gardens, lawns, pastures or forestry areas. (8) The building and use of footbridges, constructed or fabricated trails and walks, stairways, docks and landings. [Added 11-18-2002 FYTM, Art. 20] 11-2010 Page 13 of 119 (9) Notwithstanding the prohibition against any land filling or dumping of any soil, peat, sod, gravel, rocks or other mineral substances in Subsection E(4) below, land filling or dumping of any gravel, rocks, sand or other mineral substance is permitted for property owners for the sole purpose of repairing or re-nourishing of bay front beaches after storm damages. [Added 11-13- 2006 FYTM, Art. 23] E. Uses permitted by a special permit. The Board of Appeals may issue a special permit for the following uses and structures in accordance with the provisions of § 179-51 of this chapter. Before issuing a special permit under this section, the Board of Appeals shall consider whether or not the proposed use will be detrimental to the environmental quality of both the subject and contiguous lands. The Board of Appeals may, as an alternative to a denial of a special permit under this section, impose such conditions as it deems necessary to contribute to the protection and preservation of subject land in accordance with the purposes of this chapter. Before issuing a special permit under this section, the Board of Appeals shall forward a copy of the application for the special permit to the Conservation Commission, and the Conservation Commission shall, within 35 days of receipt of a copy of such application, make recommendations to the Board of Appeals concerning the application for a special permit. The Board of Appeals shall not grant any special permit under this section until the report of the Conservation Commission has been received and considered or until 35 days from delivery of the application copy for the special permit to the Conservation Commission has elapsed without the receipt or the report from the Conservation Commission. Any report of the Conservation Commission to the Board of Appeals under this section shall be an advisory report only. The following uses shall be permitted by a special permit only: (1) Nonresidential buildings or structures to be used only in conjunction with fishing, shellfishing, the growing and harvesting and storage of crops raised on the premises and boathouses. (2) Dams, changes in watercourses or other drainage works, only as part of an overall drainage plan constructed or authorized by a public agency as stated in Subsection D above. (3) 5 Appropriate municipal uses, such as waterworks, pumping stations and parks. (4) Any landfilling or dumping of any soil, loam, peat, sand, gravel, rocks or other mineral substances. (5) Any draining, damming, dredging, altering or relocating any watercourse or the removal from Wetlands Conservancy Districts of loam, peat, sod, gravel, rocks or other mineral substances. (6) Certain accessory uses related to scientific research or development, as and to the extent mandated in MGL c. 40A, § 9. F. Emergency action. Any special permit required by § 179-6 of this chapter shall not apply to emergency projects necessary for the protection of health and safety of the citizens of Brewster. "Emergency projects" shall mean any project certified to be an emergency by the Commissioner of the Department of Natural Resources (Department of Environmental Protection) and the Conservation Commission, if this chapter and MGL c. 131, § 40, are both applicable, or by the Conservation Commission alone, if only this chapter is applicable. In no case shall any filling, dredging or altering 5. Editor's Note: Former Subsection E(3), amended 5-3-1999 ATM by Art. 31, which permitted footbridges, constructed or fabricated trails and walks, docks and landings, was repealed 5-6-2002 ATM by Art. 20. Said Art. 20 also renumbered former Subsection E(4) through (7) as Subsection E(3) through (6). 11-2010 Page 14 of 119 commence prior to any emergency certification, or extend beyond the time necessary to abate the emergency. Emergency action may be performed by: [Amended 5-11-1992 ATM, Art. 39] (1) An administrative agency of the commonwealth or Town. (2) A property owner, if emergency approval has or will be granted under the provisions of this Subsection F above and the Building Commissioner deems the action necessary to protect or prevent further damage to an approved and permitted building or structure. Corrective action is to be limited to protection only, and not to complete replacement. § 179-7. Floodplain District. [Added 5-13-1985 ATM, Art. 65; amended 5-11-1992 ATM, Art. 37; 11-17-2003 FYTM, Art. 22] The Floodplain District is established as no overlay district. All uses otherwise permitted in the underlying district are allowed, provided that they meet the following additional requirements, as well as those of the Massachusetts State Building Code dealing with construction in floodplains and coastal high hazards. A. Statement of purpose. The purposes of the Floodplain District are to: (1) Regulate development in areas subject to coastal storm flowage, particularly high hazard velocity zones. in order to minimize threats to public safety, potential loss of life, personal injury, destruction of property, and environmental damage inevitably resulting from storms, flooding, erosion and relative sea level rise. (2) Enable safe access to and from coastal homes and buildings for homeowners and emergency response personnel, such as police, fire and rescue departments or other emergency response officials. (3) Reduce or prevent public health emergencies resulting from surface and ground water contamination from inundation of or damage to sewage disposal systems and storage areas for typical household hazardous substances. (4) Minimize monetary loss and public health threats resulting from storm damage to public facilities (water and gas warns, electric, telephone lines, streets, bridges, etc.). Avoid the loss of utility services which, if damaged by flooding, would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding. (5) Eliminate costs associated with the response to and cleanup of flooding conditions. (6) Reduce damage to public and private property resulting from flooding waters. B. Definitions. As used in this section, the following words shall have the meanings specified herein: AREA OF SPECIAL FLOOD HAZARD — The land in the floodplain within a community, subject to a one-percent or greater chance of flooding in any given year. The area may be designated on a FIRM as Zone A, A1-30 or V1-30. BASE FLOOD — The flood having a one-percent chance of being equaled or exceeded in any given year. COASTAL HIGH HAZARD AREA — The area subject to high-velocity waters, including nut not limited to hurricane wave wash or tsunamis. The area is designated on a FIRM as Zone V1-30. DEVELOPMENT — Any man-made change to improved or unimproved real estate, including but not 11-2010 Page 15 of 119 limited to building or other structures, construction, mining, extraction, dredging, filling, grading, paving, excavation or drilling activity or operation. DISTRICT — Floodplain District. EXISTING MANUFACTURED HOME PARK OR SUBDIVISION — A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be fixed (including, at minimum, the installation of utilities, the construction of streets, and either final site grading or pouring of concrete pads) is completed before the effective date of this section. EXPANSION TO AN EXISTING MANUFACTURED HOMEPARK OR SUBDIVISION — The preparation of additional sites by the construction of facilities for servicing lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction or streets, and either final site grading or pouring of concrete pads). FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) — Administer's the National Flood Insurance Program (NFIP). FEMA provides a nationwide flood hazard mapping study program for communities as well as regulatory standards for development in the flood hazard areas. FLOOD INSURANCE RATE MAP (FIRM) — An official map of a community on which FEMA has delineated both areas of special flood hazard and risk premium zones applicable to the community. FLOOD INSURANCE, STUDY — An examination, evaluation, and determination of flood hazards, and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of flood-related erosion hazards. FLOODWAY — The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation. LAND SUBJECT TO COASTAL STORM FLOWAGE — Land subject to inundation caused by coastal storms up to and including the one-hundred-year flood, surge of record, or flood of record, whichever is greater. The one-hundred-year flood (or base flood as it is also referred to) means the flood having a one- percent chance of being equaled or exceeded in any given year. The seaward limit is mean low water. LOWEST FLOOR — The lowest floor of the lowest enclosed areas (including basement or cellar). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of NFIP Regulations 60.3. MANUFACTURED HOME — A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For purposes of the application of this Floodplain District Bylaw, the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles. MANUFACTURED HOME PARK OR SUBDIVISION — A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. NATIONAL FLOOD INSURANCE PROGRAM (NFIP) — Is administered by the Federal Emergency 11-2010 Page 16 of 119 Management Agency (FEMA). NEW CONSTRUCTION — For purposes of the application of this Floodplain District Bylaw, "new construction" shall mean structures for which the smart of construction commenced on or after the effective date of this Floodplain District Bylaw. For the purpose of determining insurance rates, "new construction" means structures for which the start of construction commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later. NEW MANUFACTURED HOME PARK OR SUBDIVISION — A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of this Floodplain District Bylaw. ONE HUNDRED YEAR FLOOD — See "base flood." REGULATORY FLOODWAY — See "floodway." SPECIAL FLOOD HAZARD AREA — An area having special flood and/or flood related erosion hazards, and shown on a FIRM as Zone A, A1-30, V1-30. START OF CONSTRUCTION — Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, or floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. STRUCTURE — For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home. For NFIP insurance coverage purposes, "structure" means a walled and roofed building, other than a gas or liquid storage tank, that is principally above ground and affixed to a permanent site, as well as a manufactured home on foundation. For the latter purpose, the term includes a building while in the course of construction, alteration or repair, but does not include building materials or supplies intended for use in such construction, alteration or repair, unless such materials or supplies are within an enclosed building on the premises. SUBSTANTIAL DAMAGE — Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT — Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. ZONES (1) ZONE A — The one-hundred-year floodplain area where the base flood elevation (BFE) has not 11-2010 Page 17 of 119 been determined. To determine the BFE, use the best available federal, state, local or other data. (2) ZONE A1-A30 — The one-hundred-year floodplain where the base flood elevation has been determined. (3) ZONES B and C — Areas identified in the community Flood Insurance Study as areas of moderate or minimal flood hazard. (4) ZONE V1-V30 — Special flood hazard areas along a coast subject to inundation by the one- hundred-year flood with additional hazards due to velocity (wave action). Base flood elevations have been determined. C. Floodplain District boundaries and base flood elevation and floodway data. (1) The floodplain District is herein established as on overlay district. The Floodplain District includes all special flood hazard areas designated on the Town of Brewster FIRM issued by FEMA for the administration of the NFIP dated May 17, 1993, as ZONES A, A1-30, and V1-30 which indicates the one-hundred-year regulatory floodplain. The exact boundaries of the District may be defined by the one-hundred-year base flood elevations shown on the, FIRM and further defined by the Flood Insurance Study Booklet dated December 19, 1998. The FIRM and Flood Insurance Study booklet are incorporated herein by reference and are on file with the Town Clerk, Planning Board, Building Commissioner and Conservation Commission. (2) Floodway data. In Zone A and A1-30 along watercourses that have not had a regulatory floodway designated, the best available federal, state, local or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge. (3) Base flood elevation data. Base flood elevation data is required for subdivision proposals or other developments greater than 50 lots or five acres; whichever is the lesser, within unnumbered A zones. (a) Within Zone A, where the base flood elevation is not provided on the FIRM, the applicant shall cause a qualified professional to provide any existing base flood elevation data, which data shall he reviewed by the Building Commissioner/Zoning Agent for its reasonable utilization toward meeting the elevation or floodproofing requirements. as appropriate, of the State Building Code. (b) The Wetlands Protection Act may require applicants to determine base flood elevation information by engineering calculations using whichever specified methodology is most accepted by the Brewster Conservation Commission. D. Notification of watercourse alteration. In a riverine situation, the property owner and/or applicant shall notify the following of any alteration or relocation of a watercourse: (1) Adjacent communities. (2) NFIP State Coordinator Massachusetts Office of Water Resources 251 Causeway Street. Suite 600-700 Boston, MA 02114-2104 11-2010 Page 18 of 119 (3) NFIP Program Specialist FEMA Region I, Rm. 462 J. W. McCormack Post Office & Courthouse Boston, MA 02109 E. Use regulations. (1) All provisions of the Code of' the Town of Brewster, Chapter 179, shall remain applicable within the Floodplain District; provided, however, where the Floodplain District Bylaw imposes additional or conflicting regulations, the more stringent local regulations shall prevail. All development in the Floodplain District, including structural and nonstructural activities, whether permitted by right or by special permit, most be in compliance with (Chapter 131, Section 40, of the Massachusetts General Laws and with the following: (a) Section of the Massachusetts State Building Code which addresses floodplain and coastal high hazard areas (currently 780 CMR 3107.0. Flood Resistant Construction) (b) Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00). (c) Inland Wetlands Restriction, IMP (currently 310 CMR 13.00). (d) Coastal Wetlands Restriction, DEP (currently 310 CMR 12.00). (e) Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Tile 5). (f) Brewster Wetlands Protection Bylaw (currently Chapter 172, Brewster Town Code). (g) Brewster Wetlands Conservancy District (currently Chapter 179, Article II, § 179-6, Brewster Town Code). (2) Any departure from the provisions and requirements of the above-referenced state or local regulations may only be granted in accordance with the required variance procedures of these state or local regulations. F. Recommended uses. The following uses, which present low flood damage potential and are unlikely to cause obstructions to flood flows, are encouraged, provided they are permitted in the underlying district and do not require structures, fill, or the storage of either materials or equipment. (1) Agricultural uses such as farming, grazing, truck farming, horticulture, etc. (2) Forestry and nursery uses. (3) Outdoor recreational uses, including play areas, nature study, boating, fishing and hunting where otherwise legally permitted. (4) Conservation of water, plants and wildlife. (5) Wildlife management areas, foot, bicycle, and/or horse paths and bridges provided such uses do not affect the natural flow pattern of floodwaters or of any watercourse. 11-2010 Page 19 of 119 (6) Temporary nonresidential structures used in connection with fishing, hunting, bird watching, growing, harvesting, storage, or sale of crops raised on the premises. (7) Buildings and uses lawfully existing prior to the adoption of these provisions. G. Use limitations. (1) Man-made alteration of sand dunes within Zones V1-30 increase potential flood damage is prohibited. (2) All new construction within Zones V1-30 is requited to be located landward of the reach of mean high tide. (3) All subdivision proposals shall be reviewed to assure that: (a) Such proposals minimize flood damage; (b) All public utilities and facilities are located and constructed to minimize or eliminate flood damage; and (c) Adequate drainage is provided to reduce exposure to flood hazards. (4) Existing contour intervals of site and elevations of existing structures must be included on plan proposals. H. Administration. (1) There shall be established a routing procedure which will circulate or transmit one copy of the development plan to the Conservation Commission, Planning Board, Board of Health, Town Engineer and Building Commissioner for comments which will be considered by the appropriate permitting board prior to issuing applicable permits. (2) The Building Inspector shall require the applicant to cause a qualified professional to provide records of elevation and floodproofing levels for new construction or substantial improvement within the flood district. I. Severability. If any provision of this section should he disapproved by the Attorney General or invalidated by a court of competent jurisdiction, the remainder of the section shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this § 179-7 shall not affect the validity of the remainder of the Town of Brewster's Zoning Bylaw. ARTICLE III Interpretation and Application § 179-8. Interpretation. The provisions of this chapter shall be interpreted to be the minimum requirements adopted for the promotion of the health, safety, morals or the general welfare of the Town of Brewster, Massachusetts; and except for the Brewster Zoning Bylaw, dated 1960, and all amendments thereto, the provisions of this chapter are not intended to repeal or in any way impair or interfere with any lawfully adopted bylaw, regulation or rule. Whenever the regulations made under the authority hereof differ from those prescribed by any bylaw or other regulations, that provision which imposes the greater restriction or the higher standard shall govern. 11-2010 Page 20 of 119 § 179-9. Application. Except as herein provided, or as specifically exempted by the Zoning Act, the provisions of this chapter shall apply to the erection, construction, reconstruction, alteration or use of buildings and structures or use of land. Except as herein provided, any existing conforming use, structure or lot shall not by any action become nonconforming, and any existing nonconforming use, structure or lot shall not become further nonconforming. ARTICLE IV Use Regulations § 179-10. Applicability of use regulations. Except as provided in the Zoning Act or in this chapter, no building, structure or land shall be used except for the purposes permitted in the district as described in this section. Any uses not listed shall be construed to be prohibited. § 179-11. Table of Use Regulations. A. In the following Table of Use Regulations, the uses permitted by right in the district shall be designated by the letter "P." Those uses that may be permitted by special permit in the district, in accordance with § 179-51, shall be designated by the letter "S." Uses d
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