N = Not allowed
|
Y = Allowed by-right
|
SP-Z = Zoning Board of Appeals special permit
|
SP-P = Planning Board special permit
|
Uses
|
Standards
|
AGAA
|
AGA
|
AGB
| |||
---|---|---|---|---|---|---|---|
Residential Uses
| |||||||
One-family detached house
|
Y
|
Y
|
Y
| ||||
Community Service Uses
| |||||||
Agricultural research institution
|
Y
|
Y
|
Y
| ||||
Cemetery
|
Y
|
Y
|
Y
| ||||
Child day-care center
|
Y
|
Y
|
Y
| ||||
Group day-care home
|
Y
|
Y
|
Y
| ||||
Library
|
Y
|
Y
|
Y
| ||||
Museum
|
Y
|
Y
|
Y
| ||||
Passenger station
|
Y
|
Y
|
Y
| ||||
Religious institution
|
Including a residence for the institution
|
Y
|
Y
|
Y
| |||
School
|
Y
|
Y
|
Y
| ||||
Municipal Uses
| |||||||
Beach
|
Y
|
Y
|
Y
| ||||
Fire station
|
Y
|
Y
|
Y
| ||||
Municipal recreation building
|
Y
|
Y
|
Y
| ||||
Park and playground
|
Y
|
Y
|
Y
| ||||
Town wharf and Town landing
|
Y
|
Y
|
Y
| ||||
Water tower and reservoir
|
Y
|
Y
|
Y
| ||||
Other Principal Uses
| |||||||
Agriculture, horticulture, and floriculture, including farms,
cranberry bogs, dairies, truck gardens, greenhouses, natural ice harvesting
activities, and nurseries
|
Nurseries that are not "agricultural uses" as defined in MGL
c. 128, § 1A, shall be located on lots 2 acres or larger.
|
Y
|
Y
|
Y
| |||
Pier, float, and dock
|
Shall be subject to approval by the Conservation Commission
and Board of Selectmen as a common pier, float, or dock
|
Y
|
Y
|
Y
| |||
Accessory Uses
| |||||||
Accessory uses that are customarily incidental to any of the
above listed use categories
|
Y
|
Y
|
Y
| ||||
Boarders
|
1.
|
Maximum of 4 boarders allowed
|
Y
|
Y
|
Y
| ||
2.
|
Dwelling unit shall be a single-family dwelling with a family
resident on the premises.
| ||||||
Home occupation
|
(See § 240-9.6)
|
Y
|
Y
|
Y
| |||
Portable woodworking mill
|
Y
|
Y
|
Y
| ||||
Roadside stand
|
Principally for the sale of products of the land of the owner
of the premises unless otherwise preempted by MGL c. 40A, § 3
|
Y
|
Y
|
Y
| |||
Television or radio antenna
|
Not exceeding 50 feet above ground level
|
Y
|
Y
|
Y
| |||
Special Permit Uses
| |||||||
Accessory apartment - attached
|
Y
|
Y
|
Y
| ||||
Accessory apartment - detached
|
SP-Z
|
SP-Z
|
SP-Z
| ||||
Accessory use
|
Only the following uses are included in this category.
| ||||||
1.
|
Outside parking of commercially registered vehicle exceeding
a gross vehicle weight of more than 13,000 pounds;
|
SP-Z
|
SP-Z
|
SP-Z
| |||
2.
|
Garage space for more than two cars if:
|
SP-Z
|
SP-Z
|
SP-Z
| |||
a)
|
The lot is 30,000 square feet or less; or
| ||||||
b)
|
The footprint of the garage is more than 900 square feet, or
50% of the footprint of the principal structure, whichever is less;
| ||||||
3.
|
Home occupation (See § 240-9.6 for special permit requirements for home occupations);
|
SP-Z
|
SP-Z
|
SP-Z
| |||
4.
|
Motor home, travel trailer, or fifth-wheel trailer, not located
within the minimum front, side, or rear yard setback requirements;
|
SP-Z
|
SP-Z
|
SP-Z
| |||
5.
|
Outside parking of more than one commercial light panel, delivery,
or pickup truck, school bus, or tow truck;
|
SP-Z
|
SP-Z
|
SP-Z
| |||
6.
|
Temporary parking of school buses for 2 hours or less per day
shall not require the issuance of special permit;
|
SP-Z
|
SP-Z
|
SP-Z
| |||
7.
|
Scientific research (See § 240-5.1E)
|
SP-Z
|
SP-Z
|
SP-Z
| |||
Airport or landing strip or pad
|
SP-Z
|
SP-Z
|
SP-Z
| ||||
Boat storage
|
As a commercial operation under the following standards, in addition to the requirements of § 240-12.1:
|
SP-Z
|
SP-Z
|
SP-Z
| |||
1.
|
The lot shall be a minimum of 2 acres.
| ||||||
2.
|
The side and rear yard setbacks shall be a minimum of 50 feet. Lesser setbacks with a minimum of 30 feet may be allowed when a combination of landscaping and natural features provide visual screening as necessary and in proportion to the need to buffer from adjacent land uses. All allowed structures, fencing, and walls shall meet these setback standards. The dimensional requirements of Article 11, shall otherwise apply.
| ||||||
3.
|
Sailboats shall be demasted and no boat on its cradle or other
support system shall be higher than 18 feet at any point.
| ||||||
4.
|
No structure or signs other than security fencing, one security
dwelling which meets all other requirements of these districts, and
boat supports shall be allowed. Stacking of boats higher than 18 feet
shall be prohibited.
| ||||||
5.
|
No activity such as cleaning, waxing, repairs, or painting shall
be allowed. All activities shall be approved by the Board of Appeals.
| ||||||
6.
|
The proposed site shall not be located within developed or established
neighborhoods The proposed site shall have a common boundary of not
less than 20 feet with an industrial or commercial use (a home occupation
does not apply) nor be located directly across the street from the
same so that if property lines were extended across the street, at
least 20 feet of street center line would be common boundary.
| ||||||
7.
|
This special permit shall not apply to property within the Watershed
Resource Protection Overlay District.
| ||||||
Commercial accommodation
|
(See § 240-9.5)
|
SP-Z
|
SP-Z
|
SP-Z
| |||
Commercial nursery
|
For a property where any portion of that property is currently
in agricultural use for commercial nursery operations, a special permit
may be granted to the owner to devote all or a portion of the lot(s)
for storage of equipment and supplies, fabrication of subassemblies,
and parking of wheeled equipment subject to the following findings
and conditions.
|
SP-P
|
SP-P
|
SP-P
| |||
1.
|
The property shall not be located in the Water Resource Protection
Overlay District.
| ||||||
2.
|
These uses had previously been accessory to the commercial nursery
operations.
| ||||||
3.
|
The existing structures, parking, and storage areas, and other
physical characteristics of the lot(s), are suitable for the proposed
uses.
| ||||||
4.
|
The lot(s) shall contain a minimum of 5 acres.
| ||||||
5.
|
The front yard setback shall be a minimum of 75 feet and side
yard and rear yard setbacks shall be a minimum of 50 feet, unless
the Planning Board finds that a lesser existing setback is adequate
to provide sufficient screening and buffer from the street or adjacent
properties taking into account existing and potential land uses in
the neighborhood.
| ||||||
6.
|
The Planning Board shall determine that the activities, including
traffic between the subject premises and an arterial roadway such
as Route 28, Route 151, Thomas B. Landers Road, Sandwich Road, Old
Barnstable Road, or Blacksmith Shop Road, will have no adverse impacts
on a neighborhood predominantly residential in character, and that
the construction, width, and grades of the adjacent street and any
other street providing access between the subject premises and an
arterial roadway shall be sufficient for safe travel to and from the
site by the vehicles to be stored.
| ||||||
7.
|
The Planning Board shall specify hours of operation, the type
and number of vehicles, and the equipment or supplies to be stored.
| ||||||
8.
|
Any extension, alteration, or change to the activities approved under this section shall only be allowed by the Planning Board, applying the requirements and standards of § 240-12.1 (Special permit). Any such change, alteration, or extension shall not be substantially more detrimental to the neighborhood than the existing activities.
| ||||||
9.
|
All reference to "lot(s)" in this section shall mean contiguous
lots when more than one lot is considered.
| ||||||
Common driveway
|
SP-P
|
SP-P
|
SP-P
| ||||
Contractor yard
|
In addition to the requirements of § 240-12.1, the following requirements shall be met.
|
SP-P
|
SP-P
|
N
| |||
1.
|
The lot shall be a minimum of 5 acres in AGAA districts and
3 acres in AGA Districts.
| ||||||
2.
|
The front yard setback shall be a minimum of 75 feet in the
AGAA District and 50 feet in the AGA District. The side and rear yard
setbacks shall be a minimum of 30 feet in all Agricultural Districts.
The Planning Board may require greater setbacks where needed to provide
sufficient screening and buffer from the street or adjacent properties.
| ||||||
3.
|
No contractor yard shall be permitted in a Water Resource Protection
Overlay District.
| ||||||
4.
|
For AGAA Districts the lot shall not be located within 500 feet
of a Single Residence District, within 500 feet of either an existing
dwelling or a dwelling where construction had commenced as of April
1, 2000. For AGA Districts, the lot shall not be located within 300
feet of a Single Residence District or within 300 feet of either an
existing dwelling or a dwelling where construction had commenced as
of April 1, 2000, except a dwelling occupied by the owner or operator
of the contractor yard or a designee.
| ||||||
5.
|
No contractor yard shall be permitted unless the Planning Board
shall determine that operation of the contractor's yard, including
traffic between the contractor's yard and arterial roadways such as
Route 28, Route 151, Thomas B. Landers Road, Sandwich Road, Old Barnstable
Road, and Blacksmith Shop Road, will have no adverse impact on a neighborhood
predominantly residential in character, and that the construction,
width, and grades of the adjacent street and any other street providing
access between the contractor's yard and any arterial roadway shall
be sufficient for safe travel to and from the site by the vehicles
to be stored.
| ||||||
6.
|
The Planning Board shall specify hours of operation, the type
and number of vehicles, equipment or supplies to be stored, what fabrication
of subassemblies shall be allowed, if any, and what accessory activities,
such as ordinary maintenance and minor repairs, shall be allowed.
No activity such as major repair work, painting, or engine cleaning
shall be allowed.
| ||||||
Golf course
|
SP-Z
|
SP-Z
|
SP-Z
| ||||
Private club not conducted for profit
|
SP-Z
|
SP-Z
|
SP-Z
| ||||
Research and philanthropic institutions
|
SP-Z
|
SP-Z
|
SP-Z
| ||||
Television or radio antenna subject to MGL c. 409A, § 3
|
Facilities exceeding 50 feet above ground level
|
SP-Z
|
SP-Z
|
SP-Z
| |||
Wind energy system
|
Subject to the requirements of § 240-9.9
|
SP-Z
|
SP-Z
|
N
|
N = Not allowed
|
Y = Allowed by-right
|
SP-Z = Zoning Board of Appeals special permit
|
SP-P = Planning Board special permit
|
Uses
|
Standards
|
B-1
|
B-2
|
B-3
|
BR
| ||||
---|---|---|---|---|---|---|---|---|---|
Residential Uses
| |||||||||
Single-family detached house
|
Y
|
Y
|
Y
|
Y
| |||||
Semi-detached and two-family dwelling
|
Y
|
Y
|
Y
|
Y
| |||||
Three-family dwelling
|
See the Special Permit section of this Business Use Table below
for more information on multifamily use allowed by special permit.
|
N
|
N
|
N
|
Y
| ||||
Public or nonprofit housing for the elderly
|
Y
|
Y
|
Y
|
N
| |||||
Community Service Uses
| |||||||||
Cemetery
|
Y
|
Y
|
Y
|
Y
| |||||
Educational institution
|
Y
|
Y
|
Y
|
Y
| |||||
Hospital
|
Y
|
Y
|
Y
|
N
| |||||
Library
|
Y
|
Y
|
Y
|
Y
| |||||
Museum
|
Y
|
Y
|
Y
|
Y
| |||||
Philanthropic institution
|
Y
|
Y
|
Y
|
Y
| |||||
Religious institution
|
Including a residence for the institution
|
Y
|
Y
|
Y
|
Y
| ||||
Research institution
|
Y
|
Y
|
Y
|
Y
| |||||
Sanitorium
|
Y
|
Y
|
Y
|
N
| |||||
School
|
Y
|
Y
|
Y
|
Y
| |||||
Mixed-Use
| |||||||||
Residential and commercial mixed-use
|
1.
|
Any combination of community service, business, and commercial
uses permitted by right or by special permit, together with one or
two dwelling units.
|
Y
|
Y
|
Y
|
Y
| |||
2.
|
Any combination of community service, business, and commercial
uses permitted by right or by special permit, together with multifamily
use with density not to exceed 6 dwelling units per acre.
|
SP-Z
|
SP-Z
|
SP-Z
|
Y
| ||||
3.
|
Any combination of community service, business, and commercial
uses permitted by right or by special permit, together with multifamily
use with a density greater than 6 units per acre but not to exceed
8 units per acre.
|
N
|
N
|
N
|
SP-Z
| ||||
In the BR District, a Planning Board special permit is required
for any new mixed-use development with a proposed gross floor area
of 10,000 square feet or more.
| |||||||||
For mixed-use development under 2. above, all business, commercial,
or community service uses must be located within the first story space
in any mixed-use structure sited within 100 feet of the street frontage.
| |||||||||
For any mixed-use development with multifamily uses that requires
a Zoning Board of Appeals special permit, the Board must find that
the public good will be served; that the business zoned area will
not be adversely affected; and that the uses permitted in the zone
will not be noxious to a multifamily use.
| |||||||||
A Zoning Board of Appeals special permit is required for any
change, alteration, modification, or addition to an existing commercial
or business shopping center that would result in a building with a
gross floor area of 10,000 square feet or more, including existing
or proposed dwelling units.
| |||||||||
Mixed-use development with density up to 20 units per 40,000 square feet of upland may be allowed through Site Plan Review, without a special permit, in the Mixed Residential Commercial Overlay District (§ 240-7.5D).
| |||||||||
Municipal Uses
| |||||||||
Municipal uses
|
All municipal uses including an armory, fire and police station,
government administrative office, park, playground, recreation building,
Town beach, Town forest, Town wharf and landing, water tower and reservoir.
|
Y
|
Y
|
Y
|
Y
| ||||
Business and Commercial Uses
| |||||||||
Arts and crafts
|
Continuous production is prohibited in all Business Districts
where this use is allowed by right.
|
Y
|
Y
|
Y
|
N
| ||||
Bank
|
Y
|
Y
|
Y
|
Y
| |||||
Business or professional office
|
Y
|
Y
|
Y
|
Y
| |||||
Computer center
|
Y
|
Y
|
Y
|
Y
| |||||
Medical clinic
|
Y
|
Y
|
Y
|
Y
| |||||
Passenger station
|
Y
|
Y
|
Y
|
N
| |||||
Personal and household services
|
Allowed in the B-3 and BR Districts only if each establishment
occupies not more than 4,000 square feet of gross floor area.
|
Y
|
Y
|
Y
|
Y
| ||||
Restaurant, or other place for food service.
|
(See the Special Permit section of this Business Use Table below
for more information on restaurants allowed by special permit)
| ||||||||
a. Class I
|
Y
|
Y
|
Y
|
Y
| |||||
b. Class II
|
N
|
Y
|
Y
|
Y
| |||||
c. Class III
|
N
|
Y
|
N
|
N
| |||||
d. Class IV
|
N
|
N
|
N
|
N
| |||||
Retail sales not more specifically listed
|
Allowed in the B-3 District if each establishment occupies not
more than 4,000 square feet of gross floor area.
|
Y
|
Y
|
Y
|
Y
| ||||
Other Permitted Uses
| |||||||||
Agriculture, horticulture, and floriculture
|
Including farms, cranberry bogs, dairies, truck gardens, greenhouses,
and natural ice harvesting activities
|
Y
|
Y
|
Y
|
Y
| ||||
Marina
|
1.
|
Including landings and wharves for party boats; renting of rowboats,
sailboats, motorboats, and fishing tackle; retail sale of fish bait;
marine railways; boatbuilding, repairs, and storage
|
Y
|
Y
|
Y
|
N
| |||
2.
|
Party boats not to exceed 33 feet in length at the water line
| ||||||||
Accessory Uses
| |||||||||
Accessory uses that are customarily incidental to any of the
uses listed above in the Business District Table of Uses
|
1.
|
Outdoor display or storage of goods and merchandise for sale
shall be permitted in the BR District to the rear of the front yard
setback line only where the display or storage is wholly incidental
and secondary to a primary use conducted within the permanent structure
on the lot.
|
Y
|
Y
|
Y
|
Y
| |||
2.
|
No display or storage may occur in delineated parking spaces,
traffic lanes, crosswalks, sidewalks, and front yards, except in the
B-1 District, where the reference to sidewalks means Town sidewalks.
| ||||||||
Home occupation
|
(See § 240-9.6)
|
Y
|
Y
|
Y
|
N
| ||||
Portable woodworking mill
|
Y
|
Y
|
Y
|
N
| |||||
Taking of boarders
|
1.
|
Shall be a maximum of 4 borders;
|
Y
|
Y
|
Y
|
N
| |||
2.
|
Shall be in a single-family dwelling with a family resident
on the premise.
| ||||||||
Television or radio antenna
|
Not exceeding 50 feet above ground level
|
Y
|
Y
|
Y
|
N
| ||||
Special Permit Uses
| |||||||||
Airport, landing strip or pad
|
SP-Z
|
SP-Z
|
SP-Z
|
N
| |||||
Blacksmith, builder, carpenter, mason, plumber, roofer, tinsmith,
and similar trades person's office, workshop, yard, or building
|
The Board of Appeals may approve uses in specific instances
where it finds them to be compatible with the uses mentioned in the
column to the left.
|
SP-Z
|
SP-Z
|
N
|
N
| ||||
Commercial accommodations
|
(See § 240-9.5)
|
SP-Z
|
SP-Z
|
SP-Z
|
SP-Z
| ||||
Commercial or business shopping center - existing
|
Any change, alteration, modification, or addition to an existing
commercial or business shopping center that would result in a building
with a gross floor area of 10,000 square feet or more.
|
SP-Z
|
SP-Z
|
SP-Z
|
SP-Z
| ||||
Commercial or business shopping center - new
|
If the proposed shopping center has a gross floor area of 7,000
square feet or more, and doesn't include residential uses.
|
SP-P
|
SP-P
|
SP-P
|
SP-P
| ||||
Common driveway
|
SP-P
|
SP-P
|
SP-P
|
N
| |||||
Conversion of a dwelling unit
|
May be converted to not more than 4 dwelling units if:
|
SP-Z
|
SP-Z
|
SP-Z
|
N
| ||||
(1)
|
The dwelling was in existence as of January 1, 1980;
| ||||||||
(2)
|
There is no material change to the exterior of the existing
building; and
| ||||||||
(3)
|
The Board of Appeals determines that the size of the dwelling
and the lot are suitable for remodeling
| ||||||||
Docking of commercial passenger or freight vessels
|
Including party boats exceeding 33 feet at the waterline
|
SP-Z
|
SP-Z
|
SP-Z
|
N
| ||||
Funeral home
|
SP-Z
|
SP-Z
|
SP-Z
|
N
| |||||
Marijuana treatment center
|
(See § 240-9.7)
|
N
|
SP-P
|
N
|
N
| ||||
Motor vehicle repair when not ancillary to motor vehicle sales
|
N
|
SP-Z
|
N
|
N
| |||||
Motor vehicle service station
|
SP-Z
|
SP-Z
|
N
|
SP-Z
| |||||
Motor vehicle sales or rental with or without ancillary service
facilities
|
SP-Z
|
SP-Z
|
N
|
N
| |||||
Multifamily use
|
The Board of Appeals shall find that:
|
SP-Z
|
SP-Z
|
SP-Z
|
SP-Z
| ||||
(1)
|
The public good will be served.
| ||||||||
(2)
|
The business zoned area will not be adversely affected.
| ||||||||
(3)
|
The uses permitted in the zoning district will not be noxious
to a multifamily use.
| ||||||||
(4)
|
The density of any approved proposal will not exceed 6 units
per acre, and
| ||||||||
(5)
|
In the BR District the density of any approved proposal will not exceed 8 units per acre. (See § 240-11.6C)
| ||||||||
Nursing home
|
N
|
SP-Z
|
N
|
SP-Z
| |||||
Outdoor display or storage of goods and merchandise for sale
|
SP-Z
|
SP-Z
|
SP-Z
|
SP-Z
| |||||
Parking facility
|
In the B-3 District, the Board of Appeals may approve a special permit for parking facilities where a fee is charged (See § 240-9.4A) and where the facility serves uses in the Marine District. Parking facilities serving the Marine District shall be located within 500 feet of a Marine District.
|
SP-Z
|
SP-Z
|
SP-Z
|
N
| ||||
Private club not conducted for profit
|
SP-Z
|
SP-Z
|
SP-Z
|
N
| |||||
Recreation centers including theaters, motion-picture shows,
bowling alleys, and skating rinks
|
Not including billiard rooms and similar commercial amusement
places with automated amusement devices
|
SP-Z
|
SP-Z
|
N
|
N
| ||||
RDNA technology (genetic engineering) to be employed in production
and research
|
The Board of Appeals shall find that:
|
N
|
SP-Z
|
N
|
N
| ||||
1.
|
The site is suitable; and
| ||||||||
2.
|
It has received a receipt of acceptable referral from the Board
of Health and the Hazardous Materials Coordinator.
| ||||||||
This amendment to the Zoning Bylaw shall not take effect until
a Board of Health regulation outlining control and procedures for
using RDNA materials has been promulgated.
| |||||||||
Restaurant, or other place for the serving of food.
|
Class IV restaurants, regardless of gross floor area, are subject
to § 240-12.1H., Multiple Review. (See the Business and
Commercial Uses section of this Business Use Table above for more
information on restaurants allowed by right)
| ||||||||
a. Class II
|
SP-Z
|
N
|
N
|
N
| |||||
b. Class III
|
N
|
N
|
SP-Z
|
SP-Z
| |||||
c. Class IV
|
N
|
SP-Z
|
N
|
N
| |||||
Restaurant, Fast Food
|
N
|
SP-Z
|
N
|
N
| |||||
Scientific research
|
The following provisions shall apply:
|
SP-Z
|
SP-Z
|
SP-Z
|
N
| ||||
1.
|
The applicant for a building permit or occupancy permit shall
demonstrate to the Building Commissioner and the Board of Health on
an annual basis that all federal, state, and Town licenses, permits,
and standards for the handling, use, storage, and disposal of any
regulated materials have been obtained or met.
| ||||||||
2.
|
The production of related materials for the furtherance of the
research may be accessory to the scientific research.
| ||||||||
3.
|
The production shall be clearly accessory to the primary scientific
research activity.
| ||||||||
4.
|
Production shall not exceed 25% of the interior floor space
or 6,000 square feet, whichever is less.
| ||||||||
5.
|
Production shall not involve more than 25% of the employees.
| ||||||||
6.
|
Production shall not produce any noxious odors or excessive
noise, that is detectable on abutting properties.
| ||||||||
Recreation centers including automated billiard rooms and similar
commercial amusement places
|
The following provisions shall apply.
|
SP-Z
|
SP-Z
|
SP-Z
|
N
| ||||
1.
|
The activities proposed must be contained within the principal
structure on the site.
| ||||||||
2.
|
No portion of the structure to be utilized may be within 200
feet of a single-family residential dwelling.
| ||||||||
3.
|
No alcohol may be sold or consumed within the recreational activity
area defined by the Zoning Board of Appeals on the approved plans.
| ||||||||
4.
|
The special permit shall include a condition that no one under
the age of 16 may utilize the facilities during school hours unless
accompanied by a parent.
| ||||||||
Stable
|
SP-Z
|
SP-Z
|
N
|
N
| |||||
Television or radio antenna.
|
Facilities exceeding 50 feet above ground level
|
SP-Z
|
SP-Z
|
SP-Z
|
N
| ||||
Wind energy systems
|
Subject to the requirements of § 240-9.9
|
N
|
SP-Z
|
N
|
N
|
N = Not allowed
|
Y = Allowed by-right
|
SP-Z = Zoning Board of Appeals special permit
|
SP-P = Planning Board special permit
|
Uses
|
Standards
|
LI-A
|
LI-B
|
LI-C
| ||
---|---|---|---|---|---|---|
Residential Uses (Also see Special Permit Uses section
below.)
| ||||||
Residential uses
|
N
|
N
|
N
| |||
Community Service Uses
| ||||||
Cemetery
|
Y
|
Y
|
N
| |||
Education, research, & philanthropic institution
|
Y
|
Y
|
N
| |||
Hospital
|
Y
|
Y
|
N
| |||
Library
|
Y
|
Y
|
N
| |||
Museum
|
Y
|
Y
|
N
| |||
Religious institution
|
Including a residence for the institution
|
Y
|
Y
|
Y
| ||
Sanitorium
|
Y
|
Y
|
N
| |||
School
|
Y
|
Y
|
N
| |||
Municipal Uses
| ||||||
Municipal uses
|
All municipal uses including an armory, fire and police station,
Town beach, government administrative office, park and playground,
recreation building, Town forest, Town wharf and landing, water tower,
reservoir
|
Y
|
Y
|
Y
| ||
Business, Commercial, and Industrial Uses
| ||||||
Arts & crafts
|
Y
|
Y
|
N
| |||
Bank
|
Y
|
Y
|
N
| |||
Business or professional office
|
Y
|
Y
|
N
| |||
Computer center
|
Y
|
Y
|
N
| |||
Contractor yard
|
See "Special Permit Uses" Section below for contractor yard
in the LI-A and LI-B Districts
|
N
|
N
|
Y
| ||
Converting, fabricating, manufacturing, altering, finishing,
or assembling
|
1.
|
In the LI-A and LI-B District, not more than one person shall
be employed for each 35 square feet of floor area.
|
Y
|
Y
|
N
| |
2.
|
In the LI-A District, not more than 10,000 square feet of floor
area shall be devoted to the use.
| |||||
3.
|
In the LI-B District, the building coverage shall not exceed 35% and as the coverage may otherwise be restricted by § 240-11.6.
| |||||
4.
|
Boatyards and buildings located thereon and electronic plants
and buildings located in the LI-A District shall be exempt from the
provisions in this section.
| |||||
Medical clinic
|
Y
|
Y
|
N
| |||
Passenger station
|
Y
|
Y
|
N
| |||
Personal & household service
|
Y
|
Y
|
N
| |||
Research and development
|
Y
|
Y
|
N
| |||
Restaurant, or other place for the serving of food, except fast-food
restaurant.
|
For a Class I or II restaurant in the LI-C District, the Board
of Appeals shall allow operation of the restaurant only during breakfast
and lunch hours.
| |||||
a. Class I
|
Y
|
Y
|
SP-Z
| |||
b. Class II
|
Y
|
Y
|
SP-Z
| |||
c. Class III
|
Y
|
SP-Z
|
N
| |||
d. Class IV
|
N
|
N
|
N
| |||
Retail sales, unless more specifically regulated herein
|
Y
|
Y
|
N
| |||
Roadside stand
|
N
|
Y
|
N
| |||
Solar voltaic array, ground-mounted
|
N
|
Y
|
Y
| |||
Warehousing and storage building
|
N
|
N
|
Y
| |||
Wholesale (to the trades) supply
|
N
|
N
|
Y
| |||
Other Permitted Uses
| ||||||
Agriculture, horticulture, and floriculture,
|
Including farms, cranberry bogs, dairies, truck gardens, greenhouses,
and natural ice harvesting activities
|
Y
|
Y
|
N
| ||
Marina, including landing and wharf for party boats; renting
of rowboats, sailboats, motor boats and fishing tackle; retail sale
of fish bait; marine railway; and boatbuilding, repair and storage
|
Party boats shall not exceed 33 feet in length at the water
line.
|
Y
|
N
|
N
| ||
Scientific research
|
1.
|
Research shall not involve genetic engineering.
|
Y
|
Y
|
N
| |
2.
|
The applicant for a building or occupancy permit shall demonstrate
to the Building Commissioner and Board of Health on an annual basis
that all federal, state, and Town licenses, permits, and standards
for the handling, use, storage, and disposal of any regulated materials
have been obtained or met.
| |||||
3.
|
Research shall not produce any toxic or hazardous wastes as
a byproduct.
| |||||
4.
|
There may be, accessory to the scientific research, the production
of related materials for the furtherance of the research. Production
shall be clearly accessory to the primary scientific research activity;
shall not involve the outside storage of materials; and shall not
produce any noxious odors or excessive noise, such as to be detectable
on abutting properties.
| |||||
Accessory Uses (Also see Special Permit Uses section below)
| ||||||
Accessory uses that are customarily incidental to permitted
uses, including outside storage
|
Y
|
Y
|
N
| |||
Fabrication of subassemblies associated with a contractor trade
|
N
|
N
|
Y
| |||
Home occupation
|
(See § 240-9.6)
|
Y
|
N
|
N
| ||
Portable woodworking mill
|
Y
|
N
|
N
| |||
Solar voltaic array, ground-mounted
|
N
|
Y
|
N
| |||
Support office facility
|
N
|
N
|
Y
| |||
Taking of boarders
|
1.
|
There shall be a maximum of 4 borders.
|
Y
|
N
|
N
| |
2.
|
The dwelling unit shall be a single-family dwelling with a family
resident on the premise.
| |||||
Television or radio antennae
|
Facilities not exceeding 50 feet above ground level
|
Y
|
Y
|
Y
| ||
Special Permit Uses
| ||||||
Accessory use
|
1.
|
A home occupation
|
SP-Z
|
N
|
N
| |
2.
|
One dwelling unit if accessory to a permitted use and if for
security purposes
|
SP-Z
|
N
|
N
| ||
3.
|
Garage space for more than 2 cars
|
N
|
SP-Z
|
N
| ||
Airport or landing strip or pad
|
SP-Z
|
SP-Z
|
N
| |||
Any business or commercial shopping center
|
Any business or commercial shopping center that has a proposed
gross floor area of 10,000 square feet or more in size
|
SP-Z
|
SP-Z
|
N
| ||
Blacksmith, builder, carpenter, mason, plumber, roofer, tinsmith,
or a similar trades-person's office, workshop, yard, or building
|
The Board of Appeals may, in specific instances, approve other
uses where it finds them to be compatible with the uses mentioned.
|
SP-Z
|
SP-Z
|
N
| ||
Commercial accommodation
|
(See § 240-9.5)
|
SP-Z
|
N
|
N
| ||
Common driveway
|
SP-P
|
SP-P
|
N
| |||
Contractor yard
|
SP-Z
|
SP-Z
|
Y
| |||
Docking of commercial passenger, freight vessel, or party boat
exceeding 33 feet at the waterline
|
SP-Z
|
N
|
N
| |||
Funeral home
|
SP-Z
|
SP-Z
|
N
| |||
Lumber, fuel, feed, or ice establishment
|
SP-Z
|
SP-Z
|
N
| |||
Private club not conducted for profit
|
SP-Z
|
SP-Z
|
N
| |||
Television or radio antenna
|
Facilities exceeding 50 feet above ground level
|
SP-Z
|
SP-Z
|
SP-Z
| ||
Motor vehicle repair shop
|
SP-Z
|
SP-Z
|
N
| |||
Motor vehicle service station, motor vehicle sales including
ancillary repair
|
SP-Z
|
N
|
N
| |||
Multifamily use
|
The Board of Appeals shall find that:
|
SP-Z
|
N
|
N
| ||
1.
|
The public good will be served;
| |||||
2.
|
The industrial zoned area would not be adversely affected;
| |||||
3.
|
The uses permitted in the zone would not be noxious to a multifamily
use; and
| |||||
4.
|
The density of any multifamily proposal approved by the Board
of Appeals shall not exceed 6 units per acre.
| |||||
Parking facility
|
Facilities where fees are to be charged (See § 240-9.4A.)
|
SP-Z
|
N
|
N
| ||
RDNA Technology (genetic engineering) to be employed in production
and research
|
The Board of Appeals shall find that:
|
N
|
SP-Z
|
N
| ||
1.
|
The site is suitable; and
| |||||
2.
|
It has received a receipt of acceptable referral from the Board
of Health and the Hazardous Materials Coordinator.
| |||||
This amendment to the Zoning Bylaw shall not take effect until
a Board of Health regulation outlining control and procedures for
using RDNA materials has been promulgated.
| ||||||
Restaurant
|
(See the listing for restaurants in the "Business, Commercial,
and Industrial Uses" heading above.)
| |||||
Stable
|
SP-Z
|
N
|
N
| |||
Theater, cinema, bowling alley, and skating rink
|
This category shall not include billiard rooms and similar commercial
amusement places with automated amusement devices
|
SP-Z
|
SP-Z
|
N
| ||
Waste disposal
|
Waste disposal include the following:
|
SP-P
|
SP-P
|
SP-P
| ||
1.
|
A handling facility where solid waste, noncompostable bulky
wastes, commercial solid waste, recyclable material, asphalt pavement,
brick and concrete, and construction and demolition waste is brought,
sorted, temporarily stored or transferred from one vehicle or container
to another vehicle or container for transport off site to a recycling
or solid waste treatment, processing, or disposal facility.
| |||||
2.
|
Compostable materials, commercial organic material, and compostable
bulky wastes, being brought to, and site and composted on, the site.
And
| |||||
3.
|
Materials, equipment, or vehicles used in connection with waste
disposal being stored, parked, serviced, or d maintained at the site.
| |||||
The following requirements shall apply in addition to the requirements
of § 12.1E, pertaining to the issuance of special permits.
| ||||||
1.
|
The lot shall have a minimum lot area of 5 acres.
| |||||
2.
|
The waste disposal contractor use shall not be permitted in
a Water Resource Protection District.
| |||||
3.
|
A site granted a special permit shall be subject to the requirements
of the Massachusetts Department of Environmental Protection.
| |||||
4.
|
All terms used in in this Waste Disposal section shall have
the meanings defined in all applicable Massachusetts Department of
Environmental Protection regulations or any regulations successor
thereto. and
| |||||
No special permit may be approved unless the applicant incorporates
procedures and practices in accordance with all applicable Massachusetts
Department of Environmental Protection regulations.
| ||||||
Wind energy system
|
Subject to the requirements of § 240-9.9.
|
SP-P
|
SP-P
|
SP-P
|
N = Not allowed
|
Y = Allowed by-right
|
SP-Z = Zoning Board of Appeals special permit
|
SP-P = Planning Board special permit
|
Uses
|
Standards
|
Marine District
| |
---|---|---|---|
Residential Uses (Also see Accessory Uses Section below.)
| |||
Residential use
|
N
| ||
Community Service Uses
| |||
Museum, public
|
Y
| ||
Religious institution
|
Including a residence for the institution
|
Y
| |
Municipal Uses
| |||
Beach
|
Y
| ||
Park and playground
|
Y
| ||
Recreation building or structure
|
Y
| ||
Town forest
|
Y
| ||
Town wharf and Town landing
|
Y
| ||
Business, Commercial, and Industrial Uses
| |||
Marina and boatyard
|
Including:
|
Y
| |
1.
|
Moorings, landings, and wharves for recreational and commercial
boats;
| ||
2.
|
Boat sales, brokerage, and rentals;
| ||
3.
|
Boatbuilding, repair, and storage; and
| ||
4.
|
Retail sales and service when principally marine related.
| ||
Oceanographic, or marine related, scientific research, and equipment
manufacture and testing
|
Y
| ||
Passenger station
|
Y
| ||
Accessory Uses
| |||
The determination of principal and accessory uses shall include
consideration for seasonal changes in marine businesses and the wide
range of marine related items serviced and sold.
| |||
Accessory uses
|
Uses that are permitted by definition
|
Y
| |
Boatbuilding
|
Construction or manufacture of items related to or incidental
to the operation associated with boatbuilding including glass fiber
laminates, woodworking, and metal fabrication
|
Y
| |
Dwelling unit
|
One dwelling unit shall be allowed on each parcel of land for
the purpose of housing the owner or employee of a use allowed in the
Business, Commercial, and Industrial category above
|
Y
| |
Navigation aid
|
Y
| ||
Television or radio antennae
|
Not to exceed 50 feet above ground level
|
Y
| |
Special Permit Uses
| |||
Business or professional office
|
Offices shall not use more than 50% of the floor area of structures
on the property, or as limited by § 240-6.5C, "Special permit
additional standards" listed below.
|
SP-Z
| |
Private club
|
Not conducted for profit
|
SP-Z
| |
Restaurants or other places serving food
|
Restaurants shall not utilize more than 25% of the floor area
of the structures on the property or as otherwise limited by § 240-6.5C,
"Special permit additional standards" listed below.
| ||
Class I
|
SP-Z
| ||
Class II
|
SP-Z
| ||
Class III
|
N
| ||
Class IV
|
N
| ||
Retail sales and service
|
Non-marine related sales and service as an activity separate
from any permitted uses, provided that the use shall utilize not more
than 50% of the floor area of structures on the property, or as otherwise
limited by § 240-6.5C, "Special permit additional standards"
listed below
|
SP-Z
| |
Television or radio antennae
|
Facilities exceeding 50 feet above ground level
|
SP-Z
|
N = Not allowed
|
Y = Allowed by-right
|
SP-Z = Zoning Board of Appeals special permit
|
SP-P = Planning Board special permit
|
Uses
|
Standards
|
Public Use District
| |
---|---|---|---|
Residential Uses
| |||
Single-family detached house
|
Y
| ||
Semi-detached and two-family dwelling
|
Y
| ||
Public or nonprofit housing for the elderly
|
(See § 240-11.6D)
|
Y
| |
Community Service Uses
| |||
Cemetery
|
Y
| ||
Child day-care center
|
Y
| ||
Education, research, & philanthropic institution
|
Y
| ||
Group day-care home
|
Y
| ||
Hospital
|
Y
| ||
Library
|
Y
| ||
Museum
|
Y
| ||
Religious institution
|
Including a residence for the institution
|
Y
| |
Passenger station
|
Y
| ||
Sanitorium
|
Y
| ||
School
|
Y
| ||
Municipal Uses
| |||
Municipal uses
|
All municipal uses including an armory, fire or police station,
government administrative office, park and playground, recreation
building, Town beach, Town forest, Town wharf or landing, water tower,
or reservoir.
|
Y
| |
Other Permitted Uses
| |||
Agriculture, horticulture, and floriculture
|
If involving the raising and keeping of livestock other than
for the private use of residents of the premises, only on parcels
of 5 acres or larger
|
Y
| |
Piers, floats, and docks
|
When approved by the Conservation Commission and Board of Selectmen
as a common pier, float, or dock
|
Y
| |
Accessory Uses
| |||
Accessory use
|
Uses that are incidental to uses listed above
|
Y
| |
Access drive
|
Access drives to Business and Industrial Districts
|
Y
| |
Boarder
|
The taking of 4 or fewer boarders within a single-family dwelling
by a family residing on the premises
|
Y
| |
Home occupation
|
(See § 240-9.6, for home occupations allowed by right)
|
Y
| |
Science and technology research and development, including production
|
Subject to the following provisions:
|
Y
| |
1.
|
By public or private institutions or companies, whether they
are for profit or otherwise, but only if accessory to operations of
a nonprofit educational institution or government agency;
| ||
2.
|
The use to be on a lot or contiguous lots in common ownership
containing a total of not less than 40 acres in the Public Use District;
| ||
3.
|
Production not to be located within 100 feet of any zoning district
where residential uses are permitted;
| ||
4.
|
The total floor area used for production not to exceed one-half
percent (.50%) of the total lot area;
| ||
5.
|
Any production to be in compliance with § 240-13.1A;
| ||
6.
|
Any production to involve or to have been derived from research
and development activities of the nonprofit educational institution
or government agency;
| ||
7.
|
Prior to the commencement of each new production activity, a
written notice describing the production shall have been filed with
the Falmouth Hazardous Waste Coordinator, the Falmouth Fire Chief
and the Falmouth Board of Health.
| ||
Television or radio antennae
|
Not to exceed 50 feet above ground level
|
Y
| |
Special Permit Uses
| |||
Accessory use-garage space
|
A garage space for more than 2 spaces if:
|
SP-Z
| |
1.
|
The lot is 30,000 square feet or less; or
| ||
2.
|
The footprint of the garage is more than 900 square feet or
50% of the footprint of the principal structure, whichever is less
| ||
Accessory use - home occupation
|
(See § 240-9.6, for home occupations that require a special permit)
|
SP-Z
| |
Accessory use - scientific research
|
(See § 240-5.1E)
|
SP-Z
| |
Boat storage as a commercial operation
|
The lot shall be a minimum of 2 acres.
|
SP-Z
| |
1.
|
The side and rear yard setbacks shall be minimum of 50 feet; lesser setbacks to a minimum of 30 feet may be allowed when a combination of landscaping and natural features provide visual screening as necessary and in proportion to the need to buffer from adjacent land uses All allowed structures, fencing, and walls must meet these setback requirements. The dimensional requirements of Article 11 Dimensional Requirements shall otherwise apply.
| ||
2.
|
Sailboats shall be demasted and no boat on its cradle or other
support system shall be higher than 18 feet at any point.
| ||
3.
|
No structure or signs other than security fencing, one security
dwelling which meets all other requirements of the District, and boat
supports shall be allowed.
| ||
4.
|
No activity such as cleaning, waxing, repairs, or painting shall
be allowed and all activities shall be specifically approved by the
Board of Appeals.
| ||
5.
|
To assure that the proposed use shall not be located within
developed or established residential neighborhoods, the proposed use
shall have a common boundary of not less than 20 feet with an industrial
or commercial use (a home occupation does not apply), or shall be
located directly across the street from the same so that if property
lines were extended across the street at least 20 feet of the street
center line would be a common boundary.
| ||
6.
|
This special permit shall not apply within the Watershed Protection
Overlay District.
| ||
Campground
|
Including all incidental and accessory activities associated
with campgrounds
|
SP-Z
| |
Commercial accommodation
|
(See § 240-9.5)
|
SP-Z
| |
Commercial vehicle parking
|
1.
|
Outside parking of more than one commercial light panel, delivery,
pickup truck, school bus, or tow truck;
|
SP-Z
|
2.
|
Temporary parking of school buses for 2 hours or less per day
shall not require a special permit;
| ||
3.
|
Any commercially registered vehicle with a gross vehicle weight
of more than 13,000 pounds.
| ||
Common driveway
|
SP-P
| ||
Conversion of a dwelling
|
An existing dwelling on a lot as of January 1, 1980, into not
more than 4 units if the conversion involves no material change to
the exterior of the dwelling, and if the Board of Appeals determines
that the size of the dwelling and the lot are suitable for the conversion
|
SP-Z
| |
Private club
|
Not conducted for profit
|
SP-Z
| |
Recreational vehicle, motor home, travel trailer or fifth-wheel
trailer
|
Not be located within the minimum front, side, or rear yard
setback requirements
|
SP-Z
| |
Roadside stand
|
Only for the sale of products of the land of the owner of the
premises
|
SP-Z
| |
Television or radio antennae subject to MGL c. 409A, § 3
|
Facilities exceeding 50 feet above ground level
|
SP-Z
| |
Wind energy system
|
Subject to the requirements of § 240-9.9.
|
SP-Z
|
N = Not allowed
|
Y = Allowed by-right
|
SP-Z = Zoning Board of Appeals special permit
|
SP-P = Planning Board special permit
|
Uses
|
Standards
|
SR-AA
|
SR-A
|
SR-B
|
SR-C
|
GR
| ||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|
Residential Uses
| ||||||||||||
Single-family detached house
|
Y
|
Y
|
Y
|
Y
|
Y
| |||||||
Semi-detached and two-family dwellings
|
N
|
N
|
N
|
N
|
Y
| |||||||
Community Service Uses
| ||||||||||||
Child day-care centers
|
Y
|
Y
|
Y
|
Y
|
Y
| |||||||
Group day-care facility
|
Y
|
Y
|
Y
|
Y
|
Y
| |||||||
Library, public
|
Y
|
Y
|
Y
|
Y
|
Y
| |||||||
Museum, public
|
Y
|
Y
|
Y
|
Y
|
Y
| |||||||
Passenger station
|
Y
|
Y
|
Y
|
Y
|
Y
| |||||||
Religious institution
|
Including a residence for the institution
|
Y
|
Y
|
Y
|
Y
|
Y
| ||||||
School
|
Y
|
Y
|
Y
|
Y
|
Y
| |||||||
Municipal Uses
| ||||||||||||
Beach
|
Y
|
Y
|
Y
|
Y
|
Y
| |||||||
Fire station
|
Y
|
Y
|
Y
|
Y
|
Y
| |||||||
Municipal recreation building
|
Y
|
Y
|
Y
|
Y
|
Y
| |||||||
Park and playground
|
Y
|
Y
|
Y
|
Y
|
Y
| |||||||
Reservoir
|
Y
|
Y
|
Y
|
Y
|
Y
| |||||||
Town forest
|
Y
|
Y
|
Y
|
Y
|
Y
| |||||||
Town wharfs and landings
|
Y
|
Y
|
Y
|
Y
|
Y
| |||||||
Water tower
|
Y
|
Y
|
Y
|
Y
|
Y
| |||||||
Other Principal Uses
| ||||||||||||
Agriculture, horticulture, and floriculture
|
If involving the raising and keeping of livestock for other
than private use of the residents of the premises, then only on parcels
of 5 acres or larger
|
Y
|
Y
|
Y
|
Y
|
Y
| ||||||
Multi-family use
|
No more than 3 units if at least 1 unit is affordable
|
N
|
N
|
N
|
N
|
Y
| ||||||
Piers, floats, and docks
|
With the approval by the Conservation Commission and the Board
of Selectmen as a common pier, float, or dock
|
Y
|
Y
|
Y
|
Y
|
Y
| ||||||
Accessory Uses
| ||||||||||||
Accessory uses
|
Accessory uses customarily incidental to any of the uses listed in § 240-6.6B
|
Y
|
Y
|
Y
|
Y
|
Y
| ||||||
Home occupation
|
(See § 240-9.6)
|
Y
|
Y
|
Y
|
Y
|
Y
| ||||||
Taking of boarders
|
Subject to:
|
Y
|
Y
|
Y
|
Y
|
Y
| ||||||
1.
|
A maximum of 4 boarders; and
| |||||||||||
2.
|
Boarders are only allowed in a single-family dwelling with a
family residing on the premises.
| |||||||||||
Television or radio antennae.
|
not exceeding 50 feet above ground level
|
Y
|
Y
|
Y
|
Y
|
Y
| ||||||
Special Permit Uses
| ||||||||||||
Accessory apartment - attached
|
Y
|
Y
|
Y
|
Y
|
N
| |||||||
Accessory apartment - detached
|
SP-Z
|
SP-Z
|
SP-Z
|
SP-Z
|
N
| |||||||
Accessory uses
|
The following accessory uses may be allowed by special permit:
|
SP-Z
|
SP-Z
|
SP-Z
|
SP-Z
|
SP-Z
| ||||||
1.
|
Garage space for more than 2 cars in the GR District
| |||||||||||
2.
|
Garage space for more than 2 cars if, in the SR-AA, SR-A, SR-B
or SR-C Districts only if:
| |||||||||||
a)
|
The lot is 30,000 square feet or less; or
| |||||||||||
b)
|
The footprint of the garage is more than 900 square feet or
50% of the footprint of the principal structure, whichever is less.
| |||||||||||
3.
|
Home occupation (See § 240-9.6 for special permit requirements)
| |||||||||||
4.
|
Scientific research (See § 240-5.1E)
| |||||||||||
5.
|
Outside parking of more than one commercial light panel, delivery,
pickup truck, school bus, or tow truck
| |||||||||||
6.
|
Temporary parking of school buses for 2 hours or less per day
shall not require a special permit
| |||||||||||
7.
|
Outside parking of a motor home, travel trailer, or fifth-wheel
not located within the minimum front, side, or rear yard setback requirements
| |||||||||||
8.
|
Outside parking of a commercially registered vehicle with a
gross vehicle weight of more than 13,000 pounds
| |||||||||||
Boat storage
|
As a commercial operation under the following standards in addition to the requirements of § 240-12.1.
|
SP-Z
|
SP-Z
|
SP-Z
|
SP-Z
|
SP-Z
| ||||||
1.
|
The lot shall be a minimum of 2 acres.
| |||||||||||
2.
|
The side and rear yard setbacks shall be a minimum of 50 feet. Lesser setbacks to a minimum of 30 feet may be allowed when a combination of landscaping and natural features provide visual screening as necessary and in proportion to the need to buffer from adjacent land uses. All allowed structures, fencing, and walls shall meet these setback standards. The dimensional requirements of Article 11 Dimensional Requirements shall otherwise apply.
| |||||||||||
3.
|
Sailboats shall be demasted, and no boat on its cradle or other
support system shall be higher than 18 feet at any point.
| |||||||||||
4.
|
No structure or signs, other than security fencing, one security
dwelling which meets all other requirements of these zoning districts,
and boat supports, shall be allowed. Stacking of boats higher than
18 feet shall be prohibited.
| |||||||||||
5.
|
No activity such as cleaning, waxing, repairs, or painting shall
be allowed. All activities must be specifically approved by the Board
of Appeals.
| |||||||||||
6.
|
To assure the proposed site will not be located within developed
or established neighborhoods, the proposed site shall have a common
boundary of not less than 20 feet with an industrial or commercial
use (a home occupation does not apply) or be located directly across
the street from the same so that if property lines were extended across
the street, at least 20 feet of street center line would be common
boundary.
| |||||||||||
7.
|
This special permit is only for off-site boat storage associated
with marinas and boatyards located within Falmouth's Marine Zoning
District.
| |||||||||||
8.
|
This special permit shall not apply to any property within the
Watershed Protection Overlay District.
| |||||||||||
Commercial accommodations
|
See § 240-9.5.
|
SP-Z
|
SP-Z
|
SP-Z
|
SP-Z
|
SP-Z
| ||||||
Common driveway
|
SP-P
|
SP-P
|
SP-P
|
SP-P
|
SP-P
| |||||||
Conversion of a dwelling unit into multiple units
|
1.
|
May be converted into not more than 4 dwelling units in the
GR District, if the Zoning Board of Appeals finds that:
|
SP-Z
|
SP-Z
|
SP-Z
|
SP-Z
|
SP-Z
| |||||
a)
|
The lot was in existence as of January 1, 1980;
| |||||||||||
b)
|
There is no material change to the exterior of the existing
dwelling, including architectural features; and
| |||||||||||
c)
|
The size of the dwelling and the lot are suitable for the remodeling.
| |||||||||||
2.
|
May be converted into not more than 4 dwelling units in the
SR-AA, SR-A, SR-B and SR-C Districts if the Zoning Board of Appeals
finds that:
| |||||||||||
a)
|
The lot was in existence as of January 1, 1980;
| |||||||||||
b)
|
There is no material change to the exterior of the existing
dwelling, including architectural features;
| |||||||||||
c)
|
The conversion will not increase the gross floor area of the
dwelling as it existed on January 1, 1980;
| |||||||||||
d)
|
There are no additional bedrooms above the number in existence
in the dwelling as of January 1, 1980;
| |||||||||||
e)
|
There are no home occupations or taking of boarders; and
| |||||||||||
f)
|
If the dwelling to be converted is located within the Water
Resources Protection Overlay District or within a Coastal Pond Overlay
District, the minimum lot size is 15,000 square feet for one additional
dwelling unit; 20,000 square feet for 2 additional dwelling units;
and 25,000 square feet for 3 additional dwelling units.
| |||||||||||
3.
|
The Board of Appeals may grant the following exceptions in approving
a special permit:
| |||||||||||
a)
|
Affordable units, as defined in Article 3, need not comply with the additional square footage requirements in subsection f) above as long as the minimum lot size is 15,000 square feet.
| |||||||||||
b)
|
Preexisting conversions performed without the benefit of a special
permit under this section shall be exempt from the requirements of
subsection (2)f above if an application to obtain a special permit
under this section is received by the Board of Appeals within one
year of the effective date of the bylaw and the special permit is
subsequently approved.
| |||||||||||
Conversion of a single-family dwelling into office space
|
A single-family dwelling in existence on the lot as of January
1, 1980 or portion thereof, may be converted into office space associated
with the uses specified in subsections (4)a) through (4)f) below.
Conversion into medical clinics or retail sales shall not be permitted.
Conversions shall meet the following criteria:
|
N
|
N
|
N
|
N
|
SP-Z
| ||||||
1.
|
The dwelling shall be located within 500 feet of a business
or industrial district.
| |||||||||||
2.
|
The lot shall have frontage on the westerly side of Palmer Avenue
south of Ter Heun Drive but north of the intersection of Palmer Avenue
and North Main Street and have a minimum of 10,000 square feet.
| |||||||||||
3.
|
Except as may be allowed by the Historic District Commission
or required by the State Building Code, the conversion shall not involve
material change to the exterior of the existing dwelling including
architectural features. The conversion may not increase the gross
floor area of the dwelling, as it existed on January 1, 1980.
| |||||||||||
4.
|
The business office space shall only be associated with the
following types of businesses:
| |||||||||||
a)
|
Landscaping or landscape design
| |||||||||||
b)
|
Construction and construction related trades
| |||||||||||
c)
|
Educational
| |||||||||||
d)
|
Research
| |||||||||||
e)
|
Philanthropic institution
| |||||||||||
f)
|
Other general services not more specifically listed
| |||||||||||
5.
|
Vehicles parked on the premises shall not exceed 13,000 GVW
and shall be restricted to side and rear yards.
| |||||||||||
6.
|
No special permit shall be granted for the uses noted in (4)a)
though f) which would, in the opinion of the Board of Appeals:
| |||||||||||
a)
|
Negatively impact traffic flow or safety;
| |||||||||||
b)
|
Negatively impact the visual character of the neighborhood or
adjacent areas; or
| |||||||||||
c)
|
Result in the modification of the existing dwelling that, under the requirements of § 240-14.1, requires more than 3 parking spaces.
| |||||||||||
Hospital, philanthropic institution
|
SP-Z
|
SP-Z
|
SP-Z
|
SP-Z
|
SP-Z
| |||||||
Offices
|
Not to include medical clinics or retail sales where such use, including any required parking under § 240-14.1, is located:
|
N
|
N
|
N
|
N
|
SP-Z
| ||||||
1.
|
Within 500 feet of a Business or Light Industrial District,
and where the lot has frontage on Palmer Avenue except that portion
between North Main Street and Main Street and that portion north of
Jones Road along the westerly sideline or Locust Street; or
| |||||||||||
2.
|
On the southerly side line of Jones Road, bounded by the easterly
side line of Nursery Road and westerly side line of Gifford Street;
or
| |||||||||||
3.
|
On Water Street from Woods Hole Road to School Street.
| |||||||||||
The Zoning Board of Appeals shall determine that the use and
exterior appearance of the proposed structure with proposed landscaping
shall be a suitable transition and/or buffer between the Business
or Light Industrial District and the abutting Residential or Agriculture
District. No special permit shall be granted for the above-noted uses
which in the opinion of the Board of Appeals would:
| ||||||||||||
1.
|
Have a negative impact on traffic flow or safety as a result
of the proposed use.
| |||||||||||
2.
|
Have a negative impact on the visual character of the neighborhood
or surrounding areas as a result of the proposed use.
| |||||||||||
3.
|
Result in the construction of a new building, or modification of an existing building that, under the requirements of § 240-14.1, requires more than 13 parking spaces.
| |||||||||||
In granting the special permit the Zoning Board of Appeals shall
consider the impact upon traffic flow of any proposed or existing
curb cut, and shall encourage the joint use of access points, and
shall attempt to minimize curb cuts onto Palmer Avenue, Locust street,
and Jones Road.
| ||||||||||||
Private clubs not conducted for profit
|
SP-Z
|
SP-Z
|
SP-Z
|
SP-Z
|
SP-Z
| |||||||
Research institution
|
N
|
N
|
N
|
N
|
SP-Z
| |||||||
Roadside stand
|
For the sale of only the products of the land of the owner of
the premises
|
SP-Z
|
SP-Z
|
SP-Z
|
SP-Z
|
SP-Z
| ||||||
Television or radio antennae
|
Facilities exceeding 50 feet above ground level
|
SP-Z
|
SP-Z
|
SP-Z
|
SP-Z
|
SP-Z
| ||||||
Wind energy systems
|
Subject to the requirements of § 240-9.9
|
SP-Z
|
SP-Z
|
N
|
N
|
N
|
N = Not allowed
|
Y = Allowed by-right
|
SP-Z = Zoning Board of Appeals special permit
|
SP-P = Planning Board special permit
|
Uses
|
Standards
|
Senior Care Retirement District
|
---|---|---|
Permitted Uses
| ||
Bank
|
Y
| |
One-family detached dwelling
|
Y
| |
Medical clinic, medical and allied health office
|
Y
| |
Professional office
|
Y
| |
Public or nonprofit housing for seniors, subject to the requirements of § 240-11.6D
|
Y
| |
Restaurant, Class I or II
|
Y
| |
Religious institution
|
Including a residence for the institution
|
Y
|
Special Permit Uses
| ||
Senior care retirement community (SCRC)
|
(See § 240-6.7C below)
|
SP-P
|