Exempted from the requirement for a special permit are the following:
(1)
Alteration, reconstruction, extension or structural change (collectively
"alteration") to a nonconforming single- or two-family residential
structure shall not be considered an increase in the nonconforming
nature of the structure and shall be permitted by right under the
following circumstances:
a.
Normal repairs or replacement of parts of any nonconforming
structure, provided that such repair or replacement does not constitute
an extension of a nonconforming use of such structure.
b.
Alteration to a conforming structure where the alteration will
also comply with all applicable sections of the Zoning Bylaws in effect
at the time of application, if the existing structure is located on
a lot which is nonconforming as the result of a zoning change.
c.
Alteration within the existing footprint of a nonconforming
structure to comply with requirements of the Massachusetts Building
Code.
d.
Alteration to a nonconforming structure where the alteration
will comply with all applicable sections of the Zoning Bylaw in effect
at the time of application and will not increase the habitable space.
e.
Alteration to a nonconforming structure on a lot of at least
20,000 square feet, where the alteration will comply with all applicable
sections of the zoning bylaw in effect at the time of application,
including, but not limited to setback, yard, building coverage and
height requirements.
(2)
Height increase - In cases where the applicant seeks to increase
the height of any structure that encroaches on a required setback,
where any increase in height will occur within such encroachment,
there shall be no alteration as of right under this section.
(3)
Interior alteration - The interior alteration of any otherwise
conforming structure which does not change the nature of, nor increase
the intensity of, a nonconforming use, and interior alterations of
preexisting nonconforming structures for a use or uses which are otherwise
allowed by zoning.
(4)
Damage or destruction - Reconstruction of a legally nonconforming
structure damaged or destroyed by fire or other accidental or natural
cause, other than flood damage sustained to structures within Zones
A and V Floodplains shown on the Flood Insurance Rate Maps of Falmouth,
if the reconstruction is substantially the form it had at the time
of damage or destruction, or in any form if within applicable setback
requirements and not larger than previously, and if reconstruction
is started within 24 months and completed within 36 months of the
damage or destruction.
(5)
Commercial accommodation - Reconstruction of any permitted commercial
accommodation structure or unit(s), if for the purpose of rehabilitation,
upgrade, and if the commercial accommodation was licensed and operational
for the three years prior to the rehabilitation upgrade. The reconstruction
will not allow rebuilding at a greater density, greater height or
at a different location than previously existed.
(6)
Accessory uses and structures - Not exempted under this subsection
are accessory uses and structures.
Any nonconforming use which has been abandoned or not used for two years or more loses the protection of §
240-10.1A(1) and §
240-10.1A(2) and shall be required to conform to the current Zoning Bylaw.