Brewster City Zoning Code
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 designated "-" shall not be permitted in the district.
B.
See the table on accompanying pages which is declared to be a part of this chapter.[1]
[1]
Editor's Note: Table 1, Use Regulations, is included at the end of this chapter.
§ 179-12 Uses permitted by right.
Uses permitted by right or granted special permits shall be subject, in addition to use regulations, to all other provisions of this chapter.
§ 179-13 Regulations effective in all districts.
[Amended 5-12-1986 ATM, Art. 34; 5-11-1987 ATM, Art. 83; 11-15-1999 FYTM, Art. 24; 5-3-2010 ATM, Art. 28; 5-5-2025 ATM by Art. 15]
A.
No premises in the Town of Brewster shall be used for the following purposes: residing in (i.e., occupying) any tents, trailers, mobile units, except in commercial trailer parks or camps.
B.
No lot in the Town of Brewster shall be used for residential building purposes unless there is at least 60,000 square feet of contiguous buildable uplands as defined in the Zoning Bylaw or unless the lot existed as a lot on May 1, 1986, and satisfied the May 1, 1986, requirements for a buildable lot. June 30, 1987, shall be set as the effective date for all aspects of this subsection.
C.
Prohibited uses within the Town of Brewster. The following uses are prohibited throughout and within the Town of Brewster:
(1)
Landfills receiving only wastewater and/or septage (wastewater residuals "monofils") as defined in 310 CMR 32.05, approved by the DEP pursuant to MGL c. 21, §§ 26 through 53; MGL c. 111, § 17; MGL c. 83, §§ 6 and 7, and regulations promulgated thereunder. Further, no lot in Brewster shall be used for septage transfer, whether septage transfer would be a principal use or an accessory use, nor shall any lot in Brewster be used for a septage transfer station, whether such use would be a principal use or an accessory use.
(2)
Facilities that generate, treat, store or dispose of hazardous waste subject to MGL c. 21C and 310 CMR 30.000, except for the following:
(a)
Very small quantity generators of Class A regulated recyclable material ("Very Small Quantity Generators") as defined under 310 CMR 30.000.
(b)
Household hazardous waste centers and collection events under 310 CMR 30.390.
(c)
Waste oil retention facilities required by MGL c. 21, § 52A.
(d)
Wastewater Treatment Works/Facilities approved by the Department of Environmental Protection (DEP) designed in accordance with 314 CMR 5.00 and 12.00 for the treatment of contaminated groundwater or surface waters and operated in compliance with MGL c. 21E and 310 CMR 40.0000.
(3)
Automobile graveyards and junkyards, as defined in MGL c. 140B, § 1.
(4)
Raising and keeping swine or fur animals for commercial use or sale on parcels of less than five acres.
D.
When two lots are in common ownership, any new structure proposed after the effective date of this bylaw that encroaches on a setback on either lot shall seek a variance from the Board of Appeals. In a case where any new, altered or extended structure proposed after the effective date of this bylaw is proposed to be constructed over a lot line common to both lots, the two lots shall be combined by plan or deed, and such plan or deed shall be recorded at the Barnstable County Registry of Deeds. Copies of the recorded information shall be submitted with any building permit application.
§ 179-14 (Reserved) [1]
[1]
Editor's Note: Former § 179-14, R-R District moratorium, added 5-13-1985 ATM, Art. 60, last amended 10-19-1992 FYTM, Art. 13, was repealed 5-9-1994 ATM, Art. 23.