Town of Falmouth, MA Use Tables

AGAA Agricultural AA

AGA Agricultural A

AGB Agricultural B

§ 240-6.1B Use Table

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
Boarders	2.	Dwelling unit shall be a single-family dwelling with a family resident on the premises.
Home occupation	(See § 240-9.5)				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	1.	Purposes:			SP-P	SP-P	SP-P
		The intent of the accessory apartment section is to: broaden the range of housing choice in Falmouth by increasing the number of small dwelling units available for rent; encourage greater diversity of population with particular attention to young adult citizens and to allow for "aging in place" for senior citizens; and promote more economic and energy efficient use of the Town's housing supply; this is meant all to maintain the appearance and character of the Town's single-family neighborhoods.
	2.	Definition:
		Accessory Apartment:. Notwithstanding Sections 240-11.2B(2), and 240-11.5B(2). this is an additional dwelling unit, subordinate in size and accessory to the principal dwelling unit on the lot, located in either the principal dwelling or an accessory structure on the lot. An accessory apartment shall be constructed so as to maintain the appearance and essential character of a single-family dwelling or accessory structure thereto located on the lot.
	3.	Requirements.
		a)	Only one accessory apartment shall be allowed per lot.
		b)	The lot size shall be no less than 7,500 square feet (7,000 square feet minimum in sewer service areas).
		c)	Either the principal dwelling or accessory apartment must be owner-occupied for a period of 7 months in every calendar year, or owned by a nonprofit organization or government authority whose purpose is to provide affordable housing.
		d)	Either the principal dwelling or accessory apartment may be rented, but not both. The owner-occupied dwelling cannot be rented while the owner is absent. Rental periods shall be not less than 6 months and weekly/monthly rentals ("summer rentals" so called) are expressly prohibited. Neither the principal building nor accessory apartment shall be used as commercial accommodations at any time.
		e)	The accessory apartment shall have not more than 2 bedrooms and a maximum of 800 square feet of floor area, or 40% of the floor area of the principal dwelling, whichever is less as measured using the exterior side of the first floor outside wall, plus the following: finished attic space, 50% of the first floor; finished 1/2 story, 75% of first floor; 3/4 story (gambrel), 90% of first floor; 2nd floor colonial, 100% of first floor; 3rd story colonial, 100% of first floor.
		f)	The footprint of a new detached accessory dwelling unit cannot exceed that of the principal dwelling.
		g)	An existing dwelling in excess of 4 bedrooms may convert 2 of the existing bedrooms into one accessory unit.
		h)	The total number of bedrooms on the lot shall not exceed 4 where the lot contains less than 20,000 square feet. A property that has a preexisting bedroom count that exceeds 4 bedrooms per 20,000 square feet of lot area can maintain that number of current bedrooms but cannot increase that number.
		i)	Whether allowed as of right or by special permit, for accessory apartments located on lots subject to the provisions of the Water Resource Protection Overlay District or Coastal Pond Overlay District, the total number of bedrooms shall not exceed one bedroom per 10,000 square feet of lot area. Properties that preexist with a density of greater than one bedroom per 10,000 square feet in a Coastal Pond Overlay District can maintain their existing bedroom count but cannot increase that count.
		j)	Owners of properties in a Coastal Pond Overlay District that want to increase the number of bedrooms beyond the density outlined in Subsection 3i) above can only do so provided that:
			i.	Both the principal dwelling and accessory apartment are connected to the municipal sewer system, and only to the extent allowed within the applicable sewer district bylaw or regulation; or
			ii.	An on-site septic system with enhanced nitrogen removal approved by the Board of Health is installed on the property.
	4.	Design Standards.
		Accessory apartments, whether a part of new construction, reconstruction, alteration, or change to a single-family residence or accessory structure (attached) thereto, shall maintain the following standards:
		a)	The architectural effect, as the result of the accessory apartment being constructed within the principal dwelling, shall be that of a single-family residence consistent in its exterior character.
		b)	The architectural effect, as the result of the accessory apartment being constructed as a detached accessory structure incidental to a single-family structure and in the same character and period of architecture as the primary resident.
		c)	Parking for the accessory apartment shall be provided on site
	5.	Procedures
		a)	Accessory Apartment constructed within an existing single-family dwelling or an existing accessory structure attached thereto: Prior to the issuance of a building permit for an accessory apartment constructed within a single-family dwelling or accessory structure attached thereto, site plan review (design review), pursuant to § 240-12.2, shall be conducted by the Planning Board, taking into account the design standards, requirements, and purposes of this accessory apartment section of the Use Table. The application for site plan review shall include the information contained in § 240-12.2D(3) unless waived by the Planning Board.
		b)	An accessory apartment constructed within an existing detached accessory structure or within a new detached accessory structure (not attached to a single-family dwelling): In addition to the site plan review requirements above, an accessory apartment built within, or as, an accessory structure, not attached to a single-family dwelling, shall require a special permit from the Zoning Board of Appeals. In addition to the design standards, requirements, and purposes of this accessory apartment section of the Use Tables, the Zoning Board of Appeals shall take into account the standards found in § 240-12.1E.
	6.	Monitoring
		An affidavit shall be submitted annually to the Building Commissioner, signed by the property owner, attesting that the principal dwelling or accessory apartment has been owner occupied for a period of 7 months and not otherwise rented as set forth in section 3.c) above. The Building Commissioner may allow a property owner to be absent during this 7-month period for cause, such as military assignment, work related issues, health issues, academic sabbatical, or a similar circumstance.
	7.	Enforcement
		Upon a written determination and notice by the Building Commissioner that the property owner has failed to comply with these provisions, the owner shall bring the accessory apartment into compliance within 90 days of the notice. Failing compliance, the property shall be restored to single-family dwelling status within 90 days of the failure determination, and shall comply with all State Building Code requirements and other local regulations or bylaws.
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 § 240-9.5 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 § 240-9.4)				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
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 § 240-9.8				SP-Z	SP-Z	N

§ 240-6.2 Business Districts (B-1, B-2, B-3, BR)

§ 240-6.2A Districts

B-1 Business 1

B-2 Business 2

B-3 Business 3

BR Business Redevelopment

§ 240-6.2B Use Table

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					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
Multiple uses	For any property in the B-1, B-2, and B-3 Districts on which exists a special permit use, any additional use proposed for that property, including a use allowed in the zoning district as a matter-of-right, shall be allowed with the issuance of a special permit by the Zoning Board of Appeals. The Board 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 Section 240-12.1, Article 13, Section 240-14.1 and Section 240-14.3. This section shall not be construed to prohibit any property owner from conducting an allowed use by-right in the zoning district provided that any existing use approved by special permit on the same lot is abandoned. Any additional use for which a special permit is required shall be subject to the standards in this section with respect to the review of the combined effects of each use on the property.				SP-Z	SP-Z	SP-Z	N
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
	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	SP-Z
d. Class IV					N	Y	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
Marina	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 § 240-9.5)				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 § 240-9.4)				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 § 240-9.6)				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	Excludes similar uses as permitted in the Accessory Uses category in § 240-6.2 above. Standards listed in that category shall be considered by the Board of Appeals as well as the standards in § 240-5.1E.				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 § 240-9.3A) 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 § 240-9.8				N	SP-Z	N	N

§ 240-6.3 Industrial Districts (LI-A, LI-B, LI-C)

§ 240-6.3A Districts

LI-A Light Industrial A

LI-B Light Industrial B

LI-C Light Industrial C

§ 240-6.3B Use Table

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 § 240-9.5)		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 § 240-9.4)		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
Multiple uses	For any property in the B-1, B-2, and B-3 Districts on which exists a special permit use, any additional use proposed for that property, including a use allowed in the zoning district as a matter-of-right, shall be allowed with the issuance of a special permit by the Zoning Board of Appeals. The Board 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 Section 240-12.1, Article 13, Section 240-14.1 and Section 240-14.3. This section shall not be construed to prohibit any property owner from conducting an allowed use by-right in the zoning district provided that any existing use approved by special permit on the same lot is abandoned. Any additional use for which a special permit is required shall be subject to the standards in this section with respect to the review of the combined effects of each use on the property.		SP-Z	N	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 § 240-9.3A.)		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	No	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
	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 § 240-9.8.		SP-P	SP-P	SP-P

§ 240-6.4 Marine District

§ 240-6.4A Purpose

The purpose of the Marine District is to preserve and protect uses which are dependent on access to marine and tidal waters in accordance with the goals and policies of the Federal Coastal Zone Management Act, the Massachusetts Coastal Zone Management Program, and the Local Comprehensive Plan of the Town of Falmouth. Uses which are not directly dependent on access to marine and tidal waters will only be allowed if they are supportive of the principal use and are approved by special permit.

§ 240-6.4B Use Table

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

§ 240-6.4C Special permit additional standards.

The total floor area of non-marine related uses or structures shall not exceed 25% of the lot area and the resulting floor area of all uses or structures shall not exceed 50% of the total square footage of the lot.

The provision of public amenities (e.g. launching ramps, access to the waterfront, public fishing areas, and visual access to the water) shall be considered by the Zoning Board of Appeals as a condition of any special permit whenever there is no threat to the public health and safety or unreasonable liability to the property owner.

In no case shall non-marine related uses occupy more than 50% of the total floor area of the structures on the site.

§ 240-6.5 Public Use District

§ 240-6.5A Use Table

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 § 240-9.5, 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 § 240-9.5, 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 § 240-9.4)		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 § 240-9.8.		SP-Z

§ 240-6.6 Residence Districts (SR-AA, SR-A, SR-B, SR-C, GR)

§ 240-6.6A Districts

SR-AA Single Residence AA

SR-A Single Residence A

SR-B Single Residence B

(4)

SR-C Single Residence C

(5)

GR General Residence

§ 240-6.6B Use Table

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	For 3 or more units, at least one of the units being 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 § 240-9.5)					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	1.	Purpose:				SP-Z		SP-Z	SP-Z	SP-Z	N
		The purpose of the Accessory Apartment bylaw is to: broaden the range of housing choice in Falmouth by increasing the number of small dwelling units available for rent; encourage greater diversity of population with particular attention to young adult citizens; allow for "Aging in Place" for senior citizens; and promote more economic and energy efficient use of the town's housing supply, while maintaining the appearance and character of the Town's single-family neighborhoods.
	2.	Definition:
		Accessory Apartment - Sections 240-11.2B(2), and 240-11.5.B(2), notwithstanding, this is an additional dwelling unit, subordinate in size, and accessory to the principal dwelling unit on the lot, located in either the principal dwelling or an accessory structure on the lot. An accessory apartment shall be constructed so as to maintain the appearance and essential character of a single-family dwelling or accessory structure thereto located on the lot.
	3.	Requirements
		a)	Only one accessory apartment shall be allowed per lot.
		b)	The lot size shall be no less than 7,500 square feet (7,000) square feet minimum in sewer service areas).
		c)	Either the principal dwelling or accessory apartment must be owner-occupied for a period of 7 months in every calendar year, or owned by a nonprofit organization or government authority whose purpose is to provide affordable housing.
		d)	Either the principal dwelling or accessory apartment may be rented, but not both. The owner occupied dwelling cannot be rented while the owner is absent. Rental periods shall be not less than 6 months and weekly/monthly rentals (summer rentals so-called) are expressly prohibited. Neither the principal dwelling nor accessory apartment shall be used as commercial accommodations at any time.
		e)	The accessory apartment shall have no more than 2 bedrooms and a maximum of 800 square feet of floor area, or 40% of the floor area of the principal dwelling, whichever is less, as measured using the exterior side of the first floor outside wall plus as follows: finished attic space, 50% of first floor; finished 1/2 story, 75% of first floor; 3/4 story, (gambrel), 90% of first floor; 2nd floor colonial, 100% of first floor' 3rd floor colonial, 100% of first floor.
		f)	The footprint of a new detached accessory dwelling unit cannot exceed that of the principal dwelling.
		g)	An existing dwelling in excess of 4 bedrooms may convert 2 of the existing bedrooms into one accessory unit.
		h)	The total number of the bedrooms on the lot shall not exceed 4 when the lot contains less than 20,000 square feet. A property that has a preexisting bedroom count that exceeds 4 bedrooms per 20,000 square feet of lot area can maintain that number of current bedrooms but cannot increase that number.
		i)	Whether allowed as a matter of right or by special permit, for accessory apartments located on lots subject to the provisions of the Water Resource Protection Overlay or Coastal Pond Overlay Districts, the total number of bedrooms shall not exceed one per 10,000 square feet of lot area. Properties that preexist with a density of greater than one bedroom per 10,000 square feet in a Coastal Pond Overlay District can maintain their existing bedroom count but cannot increase that count.
		j)	Owners of properties in a Coastal Pond Overlay District that want to increase the number of bedrooms beyond the density outlined in Subsection 3.i above can only do so provided that:
			i.		Both the principal dwelling and accessory apartment are connected to the municipal sewer system and only to the extent allowed within the applicable sewer district bylaw or regulation; or
			ii.		An on-site septic system with enhanced nitrogen removal approved by the Board of Health is installed on the property.
	4.	Design Standards.
		Accessory apartments, whether a part of new construction, reconstruction, alteration, or change to a single-family residence or an attached or detached accessory structure, shall maintain the following standards:
		a)	The architectural effect, as a result of the accessory apartment being constructed within the principal dwelling or attached thereto, shall be that of a single-family residence consistent in its exterior character.
		b)	The architectural effect, as a result of the accessory apartment being constructed as a detached accessory structure, shall be that of a structure incidental to a single-family residence and in the same character and period of architecture as a the primary residence.
		c)	Parking for the accessory apartment shall be provided on site.
	5.	Procedures
		a)	An accessory apartment constructed within an existing single-family dwelling or an existing accessory structure attached thereto prior to the issuance of a building permit for an accessory apartment constructed within a single-family dwelling or accessory structure attached thereto a site plan review (design review), pursuant to § 240-12.2, shall be conducted by the Planning Board, taking into account the design standards, requirements, and purposes of this accessory apartment bylaw. The application for site plan review shall include the information contained in § 240-12.2D(3) unless waived by the Planning Board.
		b)	An accessory apartment constructed within an existing detached accessory structure or within a new detached accessory structure (not attached to a single-family dwelling): In addition to the site plan review requirements above, an accessory apartment built within or as an accessory structure, not attached to a single family dwelling, shall require a special permit from the Zoning Board of Appeals. In addition to the design standards, requirements, and purposes of this accessory apartment bylaw, the Zoning Board of Appeals shall take into account the standards found in § 240-12.1E.
	6.	Monitoring.
		An affidavit shall be submitted annually to the Building Commissioner, signed by the property owner, attesting that the principal dwelling or accessory apartment has been owner occupied for a period of 7 months and not otherwise rented as set forth in 3(b) above. The Building Commissioner may allow a property owner to be absent during this 7-month period for cause, such as military assignment, work related issues, health issues, academic sabbatical, or similar circumstance.
	7.	Enforcement:
		Upon a written determination and notice to the property owner by the Building Commissioner that the property owner has failed to comply with these provisions, the property owner shall bring the accessory apartment into compliance within 90 days of the notice. Failing compliance, the property shall be restored to single family dwelling status within 90 days of said failure determination, in a manner that complies with all requirements of the State Building Code and any legal regulations or bylaws.
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 § 240-9.5 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 § 240-9.4.						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 § 240-9.8						SP-Z	SP-Z	N	N	N

§ 240-6.7 Senior Care Retirement District

§ 240-6.7A Purpose

The purpose of this district is to allow for alternative housing for senior citizens in a setting that provides them with personal and health-related services and programs and allows for their maximum independence.

§ 240-6.7B Use Table

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

§ 240-6.7C SCRC special permit standards

SCRC description - An SCRC contains one or more residential buildings with living units described below, that provides residences exclusively for persons 62 years of age or older (except their spouses and surviving spouses, and also except for staff housing and skilled nursing units), and which includes common areas and community dining facilities. The SCRC provides personal services such as social, psychological, educational, and health-related programs and services, designed to allow residents to safely "age in place" with maximum independence and with skilled caregivers available continuously on-site.

SCRC units - An SCRC may include independent living units (ILUs) for persons who may not require regular assistance with daily living, as well as assisted living units (ALUs) for persons in need of daily assistance from skilled caregivers, and may include skilled nursing rooms (SNRs), as defined by the Massachusetts Department of Public Health. For the purposes of this bylaw, ILUs, ALUs and SNRs shall be known as "SCRC" units.