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Wellfleet Town City Zoning Code

ARTICLE V

Uses

§ 235-5.1 Conformance with schedules.

A. 
In the districts specified in § 235-3.1 and in accordance with objectives of the districts specified in § 235-3.2, no building, structure or premises shall be erected, altered or used except as set forth in the "Use Regulation Schedule" and "Intensity of Use Schedule" and as provided in § 235-5.3 and § 235-5.4.
B. 
Symbols employed shall mean the following:
P
A permitted use
O
An excluded or prohibited use
A
Use authorized under special permits as provided for in § 235-8.4B
PB
Permitted only under a special permit issued by the Planning Board

§ 235-5.2 Permitted uses.

[4-23-1990 ATM]
Permitted uses and uses authorized under special permits shall be in conformity with the provisions of § 235-5.3 (Use Regulations) and shall not be detrimental or offensive or tend to reduce property values in the same or adjoining districts by reason of dirt, dust, glare, odor, fumes, smoke, gas, sewage, refuse, noise, vibration, danger of explosion or fire, traffic congestion. Any use not listed as a permitted use in § 235-5.3 shall be deemed a prohibited use, except that a use not listed in § 235-5.3 may be allowed by special permit as provided for in § 235-8.4B from the Zoning Board of Appeals, provided said Board determines that the use closely resembles in its neighborhood impact(s) a use listed as permitted, or authorized under special permit, in the same zoning district. Said determination shall be in addition to the required findings of the Board as provided for in § 235-8.4B.

§ 235-5.3 Use regulations.

[Amended 4-23-2018 ATM by Art. 45; 6-26-2021 ATM by Art. 45]
A. 
Residential.
[Amended 9-10-2022 STM by Art. 17; 9-10-2022 STM by Art. 18; 4-29-2023 ATM by Art. 41]
CD
R1
R2
NSP
C
C2
Affordable dwelling development
A
A
A
O
A
A
Affordable lot
P
P
P
O
P
P
Affordable undersized lot
A
A
A
O
A
A
Bed-and-breakfast
P
P
P
P
P
P
Boat house, private
P
P
P
P
P
P
Camper
O
O
O
O
O
O
Cluster residential development
O
PB
PB
O
O
O
Conversion of dwelling unit
O
A
A
O
O
O
Dwelling, affordable
P
P
P
P
P
P
Dwelling, multiple-family
O
O
O
O
A
O
Dwelling, one-family
P
P
P
P
P
P
Dwelling unit, accessory
P
P
P
A
P
P
Garage, private
P
P
P
P
P
P
Guest house, private
O
P
P
P
P
P
Home occupation
P
P
P
P
P
P
Parking, private
P
P
P
P
P
P
Personal services (business)
A
O
O
O
A
O
Roadside stand, temporary
O
P
P
O
P
P
Service trade home business (STHB)
A
A
A
A
A
A
Signs1
P
P
P
P
P
P
Stable, private2
O
A
A
A
A
A
Studio, private
P
P
P
P
P
P
Swimming pool/tennis court, private
P
P
P
P
P
P
Trailer home/mobile home
O
O
O
O
O
O
NOTES:
1
In accordance with the provisions of Article VII of the bylaw.
2
With approval of the Zoning Board of Appeals upon advice of the Board of Health and in accordance with restrictions that may be imposed.
B. 
Commercial.
[Amended 6-11-2022 ATM by Art. 42; 9-10-2022 STM by Art. 16]
CD
R1
R2
NSP
C
C2
Adult bookstore
O
O
O
O
A
O
Adult motion picture theatre
O
O
O
O
A
O
Adult paraphernalia store
O
O
O
O
A
O
Adult video store
O
O
O
O
A
O
Establishment displaying live nudity1
O
O
O
O
A
O
Amusement, indoor
A
O
O
O
A
O
Amusement, outdoor
O
O
O
O
A
O
Amusement park
O
O
O
O
O
O
Animal hospital
O
O
O
O
A
O
Antique shop/art gallery
A
O
O
O
A
O
Arcade
O
O
O
O
A
O
Auto court
O
O
O
O
O
O
Boat house, commercial
A
A
A
O
A
O
Campground
O
O
O
O
O
O
Club
A
O
A
O
A
A
Communication structure
O
A
A
A
A
A
Communication building
O
A
A
A
A
A
Communication appurtenance
A
A
A
A
A
A
Contractor's yard
O
O
O
O
O
O
Cottage colony
O
A
A
O
A
A
Cottage colony NSP
O
O
O
O
O
O
Filling station
O
O
O
O
A
O
Food truck
A
O
O
O
A
O
Funeral home
A
A
A
O
A
O
Game room
A2
O
O
O
A3
O
Garage, public
O
O
O
O
A
O
Gift or craft shop
A
O
O
O
A
O
Guesthouse, public
O
A
A
O
A
O
Individual storage units
O
O
O
O
A
A
Industry, light
A
O
O
O
A
A
Inn
O
O
O
O
A
O
Lodge
A
O
O
O
A
O
Motel
O
O
O
O
A
O
Motor vehicle repair, incidental
O
O
O
O
A
A
Nursery school
A
A
A
O
O
O
Nursing home
O
A
A
O
A
O
Office, business
A
O
A
O
A
O
Parking, public
A
O
O
O
A
O
Personal service (business)
A
O
O
O
A
O
Pet kennel
O
O
O
O
A
O
Registered marijuana dispensary (RMD)
O
O
O
O
A4
A4
Restaurant, indoor5
A
O
O
O
A
O
Restaurant, drive-in5
O
O
O
O
A
O
Restaurant, fast-food6
O
O
O
O
O
O
Restaurant, formula6
O
O
O
O
O
O
Retail trade (business)
A
O
O
O
A
O
Roadside stand, semi-permanent
O
O
O
O
O
O
Service trade business
O
O
O
O
A
A
Solar photovoltaic installation, large-scale ground-mounted (LSGMSPI)
O
O
O
O
O
P7
Swimming pools/tennis club (public)
O
O
O
O
A
O
Swimming pools/tennis club (private)
A
O
O
O
A
O
Trailer park
O
O
O
O
O
O
NOTES:
1
With the term "nudity" as defined by MGL c. 272, § 31.
2
Only by not-for-profit organization or municipality on property principally occupied by said organization or municipality.
3
Only as an accessory, secondary use to an existing commercial use on the same lot.
4
Use authorized under special permits in the Medical Marijuana Overlay District in the C and C2 Zoning Districts as provided for in § 235-9.3 and as provided for in § 235-8.4B of these Zoning Bylaws.
5
With the approval of the Zoning Board of Appeals upon advice of the Board of Health and in accordance with restrictions that may be imposed.
6
The use limitations pertaining to fast-food restaurant and formula restaurant shall apply whether the use is a principal use or accessory use.
7
Provided parcel contains at least 75% degraded or previously disturbed land, is held in common ownership as of the date of this amendment, and subject to LSGMSPI site plan review by the Planning Board to assure compliance with the C2 District objectives contained in § 235-3.2, and as provided in § 235-10.3 of this bylaw.
C. 
Commercial (Heavy).
CD
R1
R2
NSP
C
C2
Bulk storage, open
A
O
O
O
A
A
Bulk storage, tanks
A
O
O
O
A
A
Dump
O
O
O
O
O
O
Junkyard
O
O
O
O
O
O
Industry, heavy
O
O
O
O
O
O
Marine aquaculture
A
O
O
O
A
P
Motor vehicle junkyard
O
O
O
O
O
O
Motor vehicle repair shop
O
O
O
O
A
O
Motor vehicle sales
O
O
O
O
A
O
Quarry, sandpit, etc.
O
O
O
O
O
O
Transportation terminal
O
O
O
O
A
O
Warehouse
O
O
O
O
A
A
D. 
Institutional.
CD
R1
R2
NSP
C
C2
Camp
O
O
A
O
O
O
Cemeteries
O
A
A
O
O
O
Government facilities
P
P
P
P
P
P
Health care clinic
A
A
A
A
A
A
Hospital
O
O
O
O
A
O
Municipal purposes
P
P
P
P
P
P
Municipal wind turbine1
O
O
O
A
O
O
Public and semi-public institutions of an historic, philanthropic or charitable nature
P
P
P
P
P
P
Religious institutions
P
P
P
P
P
P
Utilities, with open storage
O
O
O
O
O
O
Utilities, without open storage
A
A
A
A
P
A
NOTE:
1
Special permit authorized under § 235-6.2E and § 235-8.4B of these Zoning Bylaws.
E. 
Farm uses.
CD
R1
R2
NSP
C
C2
Farm, commercial
P
P
P
P
P
P
Farm-family, agriculture
P
P
P
P
P
P
Farm-family, livestock1
O
A
A
A
A
A
Greenhouse, commercial
P
P
P
P
P
O
Riding academy1
O
A
A
A
A
O
Stable, public1
O
A
A
A
A
O
NOTE:
1
With the approval of the Zoning Board of Appeals upon advice of the Board of Health and in accordance with restrictions that may be imposed.

§ 235-5.4 Intensity of use schedule.

[Amended 4-30-1985 ATM by Art. 61 and Art. 63; 4-29-1986 ATM by Art. 22; 4-25-2006 ATM by Art. 23]
A. 
Minimum lot requirements.
CD
R1
R2
NSP
C
C2
Area (square feet)
20,000
30,000
40,000
3 acres
40,000
30,000
Frontage (feet)
125
135
1351
200
200
135
NOTE:
1
Increase to 200 feet on Route 6.
2
The minimum lot requirements for Affordable Lots and Affordable Undersized Lots are governed by § 235-6.27.
[Added 9-10-2022 STM by Art. 18]
B. 
Minimum yard requirements.
CD
R1
R2
NSP
C
C2
MSO
Front (feet)
25
30
301
50
1002
503, 4
255
Side (feet)
20
25
25
35
35
353, 4
6
Rear (feet)
25
30
30
35
35
353, 4
15
NOTES:
1
On Route 6 increase to 100 feet, except front yard setback may be reduced to not less than 30 feet with a special permit from the Zoning Board of Appeals.
2
Of which not less than 25% of the required front yard must be maintained with vegetative cover (20% of which must border Route 6 and meet requirements as specified in § 235-6.12A, Perimeter buffering). Front setbacks may be decreased to 50 feet for nonresidential uses, provided building is wood-sided. Front setbacks may be decreased to 30 feet for residential uses with a special permit from the Zoning Board of Appeals.
3
Minimum yard requirements may be reduced to R1 requirements for residential uses with a special permit from the Zoning Board of Appeals.
4
Minimum front, side, and rear yard requirements for large-scale ground-mounted solar photovoltaic installations (LSGMSPI) shall be 100 feet, except for accessory structures, which shall be subject to minimum front, side, and rear yard setback requirements for the C2 Zoning District.
5
Front yard setbacks may be reduced to zero with a special permit from the Zoning Board of Appeals.
6
The minimum yard requirements for Affordable Lots and Affordable Undersized Lots are governed by § 235-6.27.
[Added 9-10-2022 STM by Art. 18]
C. 
Maximum building coverage.
CD
R1
R2
C
C2
Maximum building coverage
15%
15%
15%
25%
15%
D. 
Maximum National Seashore Park gross floor area (NSPGFA).
Lot Area
Maximum NSPGFA
Less than 10,500 square feet (just under 1/4 acre)
5% maximum building coverage
10,501 square feet to 21,000 square feet (1/4 to 0.48 acre)
1,050 square feet plus 7.4% of lot area over 10,500
21,001 to 42,000 square feet (0.48 to 0.97 acre)
1,825 square feet plus 3.2% of lot area over 21,000
42,001 to 84,000 square feet (0.97 to 1.92 acre)
2,500 square feet plus 1.43% of lot area over 42,000
84,001 to 126,000 square feet (1.92 to 2.89 acres)
3,100 square feet plus 1.2% of lot area over 84,000
126,001 square feet (2.89 acres and above)
3,600 square feet
NOTE:
The National Seashore Park gross floor area (NSPGFA) of a lot within the NSP District shall conform to the above table. In no event shall the dwelling exceed 2,800 square feet, nor shall the sum of the NSPGFA of a dwelling and its accessory buildings on any NSP District lot exceed 3,600 square feet.
(1) 
National Seashore Park gross floor area (NSPGFA). The sum of the horizontal area(s) of the floors of a dwelling and all accessory buildings on a lot within the National Seashore Park District. All dimensions shall be measured between exterior faces of exterior walls, or exterior floor faces of decks.
(2) 
For the purposes of calculating of NSPGFA, the following shall be included:
(a) 
Garage space, whether stand-alone or attached to or built into the dwelling or accessory buildings shall be attributed to the appropriate building.
(b) 
Basements, except areas as noted below.
(c) 
The sum of excess areas of: 1.) total porch area in excess of 400 square feet, and 2.) total deck area five feet or more above grade in excess of 400 square feet. The sum of such excess areas shall be attributed to the dwelling.
(d) 
A guesthouse, private, which in the NSP District may exceed 250 square feet, and will be deemed an accessory building.
(3) 
And the following shall be excluded:
(a) 
Cellars and attics.
(b) 
Floor area with a ceiling height of less than five feet.
(c) 
Sheds: up to two sheds, plus one additional shed for each 1/2 acre above one acre of lot area. Any sheds beyond this limit shall be included in NSPGFA as accessory buildings.
(d) 
Basement areas used exclusively for heating, cooling, mechanical and electrical equipment necessary to the operation of the building.
E. 
Maximum height of buildings.
CD
R1
R2
NSP
C
C2
Stories
2
2
2
2
2
2
Feet
28
28
28
28
28
28
F. 
(Reserved).[1]
[1]
Editor's Note: Former Subsection F, Intensity of use application to multiple-family dwellings, was repealed 9-18-2023 STM by Art. 7.
G. 
Intensity of use application to accessory dwelling units (ADUs). An accessory dwelling unit shall consist of a minimum of 200 square feet of livable floor area, subject to any requirements of the state.
[Amended 6-26-2021 ATM by Art. 45]
H. 
Intensity of use application to the conversion of dwelling units. No dwelling unit shall be converted into two or more units unless each resulting unit consists of a minimum of 600 square feet of livable floor area; the external appearance of the structure is not changed; the front, side and rear yard requirements of the district in which located are met; and the lot area is not less per dwelling than the lot requirement of the district in which located, except in the case of an accessory dwelling unit, as provided in § 235-6.21 of these Zoning Bylaws.
[Amended 6-26-2021 ATM by Art. 45]
I. 
Intensity of use application to motels. A minimum of an acre of land is required for the construction of a motel. Not more than 10 units may be constructed upon an acre of land, with an additional 4,000 square feet being required for each unit in excess of 10. No motel unit shall be located nearer than 125 feet to a public way. All other front, side and rear yard requirements of the district in which located shall be complied with.
J. 
Intensity of use application to commercial farm. A commercial farm shall require a minimum of five acres of land.
K. 
Intensity of use application to camps. A camp shall require a minimum of four acres of land, exclusive of areas covered by water.
L. 
Intensity of use application to cottage colonies. No cottage colony shall be constructed upon an area consisting of less than 40,000 square feet, and there shall be a minimum of 4,000 square feet for each unit, with no part of one unit being located closer than 25 feet to another. The front, side and rear yard requirements of the district in which located shall be complied with.
M. 
Intensity of use application to restaurant. The total of the indoor and outdoor seating of the restaurant shall not exceed the total capacity of the restaurant as licensed by the Town of Wellfleet.
[4-23-1990 ATM]
N. 
Intensity of use application to more than one allowed principal use and/or principal building on a lot. More than one allowed principal use and/or principal building may be permitted on a lot in District C and District C2 with a special permit granted by the Zoning Board of Appeals in accordance with § 235-8.4B of the Wellfleet Zoning Bylaws.