No structures that require a building permit shall be erected or used, and no lot shall be used or divided, unless in conformity with the provisions of this Ordinance. All structures and lots, and uses of structures and lots, which fail to conform with the provisions of this ordinance are prohibited, except as provided herein. [Amended, 2/28/05]

Effective on: 12/9/2013

When a lot is situated in part in the Town of Falmouth and in part in an adjacent municipality, the provisions of this Ordinance shall be applied to that portion of such lot as lies in the Town of Falmouth in the same manner as if the entire lot were situated in Falmouth.

Effective on: 12/9/2013

When a lot is transected by a zoning district boundary, the regulations set forth in this Ordinance applying to the larger part by area of such lot may also be deemed to govern in the smaller part beyond such zoning district boundary but only to an extent not more than thirty (30) linear feet in depth beyond said zoning district boundary.

Effective on: 12/9/2013

No dwelling shall be erected except on a lot that fronts on a street as defined, and the minimum street frontage, measured along the lot line at the street, shall be at least equal to the minimum lot width, except:

1. As provided in Sections 19-82 and 19-83 for “grandfathered lots.”

2. As provided in Section 19-18.6 and 19-18.7. for country estates lots served by private drives.

Effective on: 12/9/2013

Land within the lines of a street on which a lot abuts shall not be counted as part of such lot for the purpose of meeting the area requirements of this Ordinance even though the fee to such land may be in the owner of such lot.

Effective on: 12/9/2013

Any land taken by eminent domain, or conveyed for a public purpose for which the land could have been or was taken by eminent domain, shall not be deemed to be transferred in violation of the lot size, lot coverage and setback provisions of this Ordinance.

Effective on: 12/9/2013

Storage sheds, swimming pools, tennis courts and children’s play structures that are accessory structures, in all Districts may encroach into required side or rear setbacks in accordance with the following requirements:

1. Storage sheds and children’s play structures that are accessory to a residential use may be located in a rear or side setback provided that they are not more than one hundred (100) square feet in area and not exceeding ten (10) feet in height.
2. In the Farm and Forest District and all Residential Districts, the drip line and/or edge of the accessory structure may be located no closer than 3 feet to side and rear lot lines. (International Building Code 2003, Table 602, b; no fire resistance rating required in accessory structures when accessory to Group R3 {1 & 2 family dwellings} and the separation distance is 3 feet or more.)
3. No accessory structure shall be located closer to the street than the front setback required for the principal building, except fences, gates, mailboxes, newspaper receptacles, signs, or similar roadside structures with less than 100 square feet of footprint, as well as entry pillars and statues. On any such structure with lights, there shall be no glare onto the public roadway, and no flashing lights shall be permitted.

Effective on: 12/9/2013

Sec. 19.34 Setbacks for Wastewater Pump Station [Adopted, 7/28/2014]

Wastewater pump stations are exempt from structural setbacks in Section 3.  However, they shall meet the setbacks to the greatest extent practical.  In determining the greatest practical extent, the following shall be considered:  1)  depth of the lot; 2) proximity to abutting uses; 3)  the slope of the land; 4)  the potential for soil erosion;  5)  the type and amount of vegetation to be removed;  6)  the proposed building’s site elevation in regard to the floodplain; and 7)  proximity to wetlands.  The permitting authority may place conditions on an approval to mitigate any negative impact to the site or abutting properties. [Adopted, 7/28/14]

Effective on: 7/28/2014