Religious and educational uses - This bylaw shall not prohibit,
regulate, or restrict the use of the land or structures for religious
purposes or for educational purposes on land owned or leased by the
Commonwealth or any of its agencies, subdivisions, or bodies politic,
or by a religious sect or denomination, or by a nonprofit educational
corporation. However, such land or structures shall be subject to
the regulations concerning the bulk and height of structures, yard
sizes, lot area, setbacks, open space, parking, and building coverage
requirements of the this bylaw.
Special permit dimensional relief - The Planning Board may, by special permit, grant relief from dimensional regulations as applied to exempt uses, subject to the criteria set forth in § 240-12.1.
Other use exemptions/restrictions - MGL c. 40A, § 3,
provides that certain uses, in addition to religious and educational
uses, may be exempt from local zoning requirements, and that certain
uses may not be restricted by local zoning. These uses include:
Exemptions from zoning amendments (zoning freeze) - Zoning Bylaws adopted and amended shall not apply to any structure for which a building permit or special permit has been issued prior to the first notice of a public hearing on the zoning amendment. For a building permit, construction shall commence within 12 months after the issuance of the building permit and is thereafter continued through to completion as continuously and expeditiously as is reasonable. However, if the building permit is renewed, the 12-month period shall be extended for the renewal period, but not more than 12 additional months. No design changes occurring after the initial issuance of the building permit shall increase the intensity of the development of the building to which the building permit relates. Special permits shall lapse if not exercised within three years of issuance. See Article 10 for more information on zoning freeze and nonconforming use regulations.
Where an activity might be classified in this bylaw under more
than one use, the more specific classification shall govern; if equally
specific, the more restrictive shall govern.
Special permit allowance - However, a prohibited use under § 240-5.1C(1) above may be allowed by special permit if the Board of Appeals determines that it closely resembles, in its neighborhood impacts, a use allowed by right or by special permit in that zoning district.
Special permit required - For property in any Business 1, 2, or 3 District or Industrial A District, on which a special permit use is located, any additional use proposed for that property, including a use allowed in the zoning district as a matter of right, will require the issuance of another special permit by the Board of Appeals. The Board of Appeals shall take into consideration the combined effects of each use on the property and determine whether such combination is in harmony with the general intent of this bylaw utilizing the criteria of §§ 240-12.1, 240-13.1, 240-14.1, and § 240-14.3.
By-right use - This section shall not be construed to prohibit
any property owner from conducting a use allowed by-right in the zoning
district. Any additional use for which a special permit is required
shall be subject to the standards in this bylaw with respect to review
of the combined effects of each use on the property.
Accessory scientific uses - The Board of Appeals may grant a
special permit for a use accessory to scientific research, scientific
development, or related production activity, based on the following
requirements:
The applicant for a building or occupancy permit demonstrates
to the Building Commissioner and the Board of Health, on an annual
basis, that all federal, state, and town of Falmouth licenses, permits,
and standards for the handling, use, storage, and disposal of any
regulated materials have been obtained or met;
Bath houses on beach or shore lots - A special permit may be granted for bath houses on beach or shore lots that do not conform to Article 11 Dimensional Regulations; but no bath house erected on any such lot shall be permitted for use for a habitation. There shall be a side yard not less than five feet in clear width between the side of any bath house erected thereon and the side line of the lot. All side yards shall be at all points clear from the front lot line to the rear lot line of the bath house.
Accessory use limitation - Accessory uses, except uses for scientific research, allowed under § 240-5.1E(1), shall be on the same lot as the principle use and building of the owner or lessee and shall not alter the character of the premises on which they are located nor impair the neighborhood.
Temporary structures and uses - Temporary structures and uses
that do not conform to the provisions of this bylaw may be allowed
by special permit. No special permit shall be issued for more than
a one-year period. If the special permit expires without being exercised
within the one-year period a new special permit request under this
section, for a one-year time period, may be filed with the Town Clerk
and all requirements of MGL c. 40A, §§ 9 & 11 shall
be met.
Construction site - Temporary permit - The Building Commissioner
may issue a temporary permit for the use of a container for storage
or for a trailer as a field office at a construction site during the
period when construction is actually underway, subject to approval
by the Board of Health. The trailer shall not be used for real estate
sales purposes.
Temporary mobile home. Subject to the rules and regulations
of the Board of Health, the owner or occupier of a residence which
has been destroyed by fire or other natural cause may place a mobile
home on the site of the residence and reside in the mobile home for
a period not to exceed one year while the residence is being rebuilt.
Special event structures - temporary permit. The Building Commissioner
may issue a permit to erect and maintain a tent or similar temporary
structure for a special event and may attach reasonable conditions
applicable thereto.