[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR27.3]

[Page 268-269]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
      CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
 
PART 27_CAPE COD NATIONAL SEASHORE; ZONING STANDARDS--Table of Contents
 
Sec.  27.3  Seashore District.

    (a) Description. The Seashore District shall include all those 
portions of the towns of Provincetown, Truro, Wellfleet, Eastham, 
Orleans and Chatham lying within the exterior boundaries of the Cape Cod 
National Seashore.
    (b) Zoning bylaws for the Seashore District shall be consistent with 
the objectives and purposes of the Act of August 7, 1961, so that--to 
the extent possible under Massachusetts law--the scenic, scientific and 
cultural values of the area will be protected, undeveloped areas will be 
preserved in a natural condition, and the distinctive Cape Cod

[[Page 269]]

character of existing residential structures will be maintained.
    (c)(1) No moving, alteration, or enlargement of existing one-family 
residential dwellings or structures accessory thereto situated within 
this District shall be permitted if such would afford less than a 50-
foot setback from all streets measured at a right angle with the street 
line, and a 25-foot distance from the abutters' property lines (or less 
than such lesser setback or distance requirements already in existence 
for such dwellings or accessory structures).
    (2) If through natural phenomena or causes a lot or lots are so 
diminished in size that an owner would be unable to comply with the 
setback or sideline requirements herein prescribed, such owner or the 
zoning authorities may, as provided in Sec.  27.4(b), request the 
Secretary of the Interior to determine whether a proposed move, 
reconstruction, alteration of enlargement of an existing residential 
dwelling or accessory structure would subject the property to 
acquisition by condemnation.
    (d) Zoning bylaws adopted pursuant to this regulation shall contain 
provisions designed to preserve the seashore character of the area by 
appropriate restrictions or prohibitions upon the burning of cover, 
cutting of timber, filling of land, removal of soil, loam, sand or 
gravel and dumping, storage, or piling of refuse and other unsightly 
objects or other uses which would detract from the natural or 
traditional seashore scene.
    (e) Zoning bylaws for the Seashore District may permit residential 
uses of ``improved property'' and other uses of such dwellings and their 
accessory structures: Provided, Such other uses are traditional to these 
seashore communities, are customarily incidental to the principal 
residential use and do not alter the essential character of the dwelling 
and premises as a private residence. Subject to those conditions such 
uses may include, but are not limited to: (1) Partial use of dwellings 
by residents for a professional office (as for the practice of theology, 
law or medicine), as an artists' studio, for appropriate small scale 
home occupations as the making and selling of traditional Cape Cod 
products produced on the premises, and for the rental of rooms and 
serving of meals by residents of the premises to overnight guests; (2) 
the existence of structures, such as a garage, barn or boathouse 
accessory to the dwelling; (3) display of a sign which may be indirectly 
but not directly illuminated and not to exceed two square feet in area, 
referring to the occupancy, sale, or rental of the premises; (4) 
traditional agricultural uses of cleared land, but not including such 
objectionable uses as a piggery or the raising of livestock, poultry or 
fur-bearing animals for commercial purposes; and (5) the opening of 
shellfish, the storage and use of fishing equipment, and other 
traditional fishing activities. No commercial or industrial ventures 
(other than of the types described above), may be established within the 
Seashore District.