A. LOT SIZE
12. In District A and E, no single family dwelling shall be built on a lot with an area of less than 40,000 square feet nor any two (2) family dwelling on a lot with an area of less than 80,000 square feet. Any lot lawfully laid out by plan or deed, duly recorded in the Barnstable Registry of Deeds prior to April 19, 1988, or shown on a subdivision of land approved by the Planning Board prior to April 19, 1988 which is not protected by the Eastham Zoning By-Law, Section IX shall contain at least 20,000 square feet for a one (1) family dwelling and 30,000 square feet for a two (2) family dwelling, except for any lot lawfully laid out by plan or deed, duly recorded in the Barnstable Registry of Deeds between May 7, 1987 and April 18, 1988 or any subdivision of land approved by
the Planning Board between May 7, 1987 and April 18, 1988 shall contain at least 30,000 square feet for a one (1) family dwelling and 45,000 square feet for a two (2) family dwelling3.
1.
21 In Districts A and E, a year-round two-family dwelling may be allowed on a lot containing 40,000 square feet or more after consideration under Site Plan Review - Residential Section XIV of the Eastham Zoning By Laws, and further subject to the standards and conditions listed below:
1. Two-family dwellings allowed under this by-law shall be deed restricted requiring both units to remain affordable, as defined by the guidelines in paragraph c., below, unless one unit is owner occupied. Said owner being the a named individual on the Assessor’s record. No unit shall be occupied until a recorded copy of said deed restriction is provided to the Building Inspector.
2. All occupants of the rental dwelling unit shall upon initial application and annually thereafter, submit necessary documentation to confirm their eligibility for the dwelling unit. Specifically, all dwelling units must be rented to those meeting the guidelines for a low or moderate income family. For the purpose of this section, low income families shall have an income less than eighty (80) percent of the Town of Eastham median family income, and moderate income families shall have an income between eighty (80) and one hundred twenty (120) percent of the Town of Eastham median family income, as determined by the United States Department of Housing and Urban Development (HUD) Published Income Guidelines, and as may from time to time be amended.
3. Maximum rents shall be established in accordance with HUD Published Fair Market Rental Guidelines, and will be adjusted as necessary as such guidelines may be amended.
4. Septic systems are required to meet the then current Title 5 standards and shall be reviewed and approved by the Health Agent.
3. In Districts B, C. D, and E, no business structure shall be built on a lot with an area of less than 40,000 square feet.
42. All lots in Districts A, B, C, D, and E shall have frontage of at least 50 feet on an accepted public way, a way shown on a plan approved or endorsed in accordance with the subdivision control regulations or a way in existence when the subdivision control law became effective having, in the opinion of the Planning Board, sufficient width, suitable grades and adequate construction to provide for the needs of vehicular traffic in relation to the proposed land use. Panhandle lots shall have frontage of at least 40 feet on an accepted public way or private way as described above.
In the Seashore District F, no dwelling shall be built upon a lot with an area of less than three (3) acres. All lots in the Seashore District F shall have frontage of at least 150 feet and all dwellings and buildings shall be located to provide at least a 50 foot setback from all streets measured at a right angle with the street line and a 25 foot distance from abutters’ property lines.
61. In District G, no single family dwelling shall be built on a lot with an area of less than three (3) acres, nor any two family dwelling on a lot with an area of less than six (6) acres. Setback requirements shall conform to Section IX. B. 1 of this By-law. Additionally, the total residential building floor area shall not exceed five thousand (5,000) square feet, and the total floor area for all accessory buildings shall not exceed two thousand (2,000) square feet. All new lots within District G shall have frontage of at least one hundred fifty
(150) feet on an accepted public way or private way, which meets current Planning Board requirements for road layouts2.
7.3 In order to comply with the minimum lot size requirement, a lot must be a closed plot of land having a definite area and perimeter, and having a shape number not exceeding a value of 22. A lot may have a shape number greater than 22 provided that the lot has within it a plot 100% of which is buildable upland, containing at least the minimum lot area required for the district in which the lot is located and having a shape number not exceeding 22, within which the site intended for building is located. The shape number shall be calculated by dividing the square of the perimeter of the lot or plot by the square foot area of same.
Except as otherwise provided in Sections IX A. 3. and IX A. 4. each lot shall have a minimum of fifty (50) feet of frontage on an approved street or way.
For the purpose of this Zoning By-Law change, all lots approved since May 1, 1989 which meet the shape number required above, are deemed to be in compliance of the By-Law.
7. Section IX4 requirements shall not apply to lots established prior to the adoption of this By-law provided such lots met all requirements of the Zoning By-Law in force at the time of adoption of this By-law. Furthermore, these requirements shall not apply to lots in single ownership at the time of adoption of the Zoning By-Law by the Town of Eastham at the annual Town Meeting held on February 16, 1952 provided these lots are identified by deeds of record in the Barnstable County Registry of Deeds and that any structures to be placed on such lots can comply with all requirements of the Massachusetts State Building Code and to the Regulations for Disposal of Sewage as adopted by the Board of Health on April 18, 1955, or any amendments
thereto.
B. SETBACK REQUIREMENTS:
1. The building lines for structures for human habitation shall not be nearer to the nearest boundary of any way than fifty (50) feet, nor nearer to the interior side and rear lot lines than thirty (30) feet; and if on land of single ownership, they shall not be nearer to each other than fifty (50) feet. The building lines of detached buildings which are necessary to structures for human habitation shall not be nearer to the nearest boundary of any way than fifty (50) feet, nor nearer to the interior side and rear lot lines than thirty (30) feet. 1Additionally, detached buildings shall not be closer than eight (8) feet to any other structure on the lot.
22. In Districts B. D, and E, all new construction, including residential, commercial, or other, shall be set back a minimum of 100 feet from all ways. Side and rear setbacks shall not be less than twenty-five (25) feet.
33. In District C, all new construction shall be set back a minimum of fifty (50) feet from all ways. Side and rear setbacks shall not be less than twenty-five (25) feet.
44. Pursuant to Massachusetts General Laws, Chapter 40A, Section 6, those pre-existing, non-conforming commercial structures in District A which seek to be altered, renovated, amended, modified, or expanded shall conform to the setback requirements of Section IX. B. 2 of this By-law.
5. Section IX5 requirements shall not apply to any lot for single or two family residential use which, at the time of the adoption of this By-law, was lawfully in existence by way of recording or endorsement. Such lot must conform with the setback requirements then in existence at the time of the creation of the lot. For lots subdivided before April 19, 1988, the building lines for structures for human habitation shall not be nearer to the nearest boundary of any way than thirty (30) feet, nor nearer to the interior side or rear lot line than twenty-five (25) feet.6
C7. In any given subdivision, there can be no more than one (1) pan handle lot for every six (6) standard lots. A pan handle lot cannot be adjacent to or abut another pan handle lot.
D1 RESIDENTIAL SITE PLAN APPROVAL
Site Plan Approval under Section XIV of this Zoning By-law shall be required for any addition, expansion or construction on a residential lot that meets the following requirements:
1. Any lot under 20,000 square feet where a proposed addition or expansion of an existing dwelling exceeds 2.5% of the lot area and/or the site coverage ratio including the addition exceeds 15% and where the site coverage ratio for a new dwelling or the addition of an accessory building causes the site coverage ratio to exceed 15% of the lot area.
2. Any lot containing 20,000 square feet or more, where the site coverage exceeds 3,000 square feet.
3. Any lot containing 40,000 square feet or more with a deed restricted two-family dwelling proposed in accordance with Section IX, paragraph A., number 2 or this By-laws.
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