Eastham, Massachusetts
2500 State Hwy, Eastham, MA 02642
ph: 508.240.5900
V. Uses
In each zoning district, premises and buildings may be used for the following purposes only:

ALL DISTRICTS -- Commercial Communications Towers are allowed only on Town owned land1.  Special permits may be granted for any use not specifically permitted but which is consistent with the intent of the zoning district characteristics as expressed in Section 3 of this By-Law.
DISTRICT A -- One family dwellings and duplex dwellings; accessory buildings and shelters for the uses of the resident occupants of such dwellings for garaging their own motor vehicles, stock and equipment;

-       the storage of campers or trailers on the resident occupant’s property by permit of the Selectmen;

-       home occupations, service trades, and bed and breakfast, as defined in Section II of this By-law;

-       agricultural farming, gardening, and greenhouses for the resident occupants’ use;

-       the keeping of non-commercial livestock, animals and poultry, excluding piggeries and the raising of mink or fox, on parcels of less than five acres, by residents or owner occupants, provided such use is not injurious, noxious or offensive to the neighborhood.  No building shall be used to house animals, livestock or poultry without a special permit from the special permit granting authority.

-       and agricultural, horticultural and floricultural uses on parcels of five (5) acres or more providing said use is the primary use and that all buildings and structures, except fences of less than five (5) feet in height, shall not be less than thirty (30) feet from the sidelines of any lot nor less than one hundred (100) feet from the sideline of any street or highway.

DISTRICT B -- Docks; wharves; party boat businesses; renting of row boats, motor boats, sail boats and fishing gear; boat building, storage and repair; sale of fish, fish bait, and fishing gear.  No residences shall be allowed.

DISTRICT C -- Manufacturing, assembling, processing, packaging, warehousing1, storage and shipping of non-hazardous or non-toxic goods and materials; plumbing, electrical, carpentry or similar service and repair facilities; concrete batching plants; manufacturing of house framing, furniture and like products; repair shops for automobiles, trucks and marine equipment; contractors’ yards; boat building, repairs and storage; rental of automobiles, trucks and trailers; wholesale bakeries; auction houses, kennels2.  Except as otherwise noted3 sales, retail or wholesale, shall be permitted so long as they are strictly incidental to the primary use and provided that a designated sales area, separate from the operational area, is maintained in order to provide for the protection and safety of customers.  No residences shall be allowed.

Business band radio antennas are allowed in this district subject to the building height restrictions of these By-Laws4.

Any light industry or heavy industry not specifically permitted above may be permitted by a grant of a Special Permit from the Zoning Board of Appeals.  Upon application for a Special Permit to the Zoning Board of Appeals, the Board shall conduct a public hearing on said application within sixty-five (65) days after the filing of the application pursuant to Massachusetts General Laws, Chapter 40A, Section 9.  A decision by the Zoning Board of Appeals based upon an application for a Special Permit shall be based upon an evaluation of all the evidence presented at the public hearing by the Petitioner and interested parties as it relates to the fulfillment of the spirit and intent of this By-law without substantial detriment to the public good or any neighborhood affected.  Such permits may also impose conditions, safeguards, and limitations on the applied for use which are necessary to the fulfillment of the intent of this By-law without causing substantial detriment to the public good or to any neighborhood affected5.

Adult uses as defined in Section II of this by-law may only be permitted by a grant of a special permit by the Zoning Board of Appeals6.

DISTRICT D -- Antique shops, craft and gift shops, hair styling and barber shops, offices, art galleries, banks, animal hospitals, kennels, funeral homes, nurseries and florists, fitness centers, lodges, retail stores and shops.  Residential apartments are allowed above businesses of a permitted nature provided such residences occupy no more than 50% of the structure7.

In any Convenience Store, as defined in Section II - Definitions, no food preparation or heating will take place on the premises except the preparation of hot beverages.  All food is to be sold in sealed packages, with the exception of fresh produce8.

DISTRICT E -- Banks, professional offices, real estate offices, gift and craft shops, antique shops, furniture repair shops, and residences.  Residential apartments are allowed above business of a permitted nature provided such residences occupy no more than 50% of the structure1.

SEASHORE DISTRICT F -- Permitted Uses:

1.      Conservation of land, water wildlife, vegetation, and other natural features and values.

2.      Facilities deemed by the Secretary of the Interior to be necessary for the administration and public use and enjoyment of the Cape Cod National Seashore or deemed to be necessary by the Town of Eastham.

3.      Recreation, including but not limited to, hunting, fishing, swimming and boating.

4.      Gardening and traditional agricultural uses of cleared land, but excluding such objectionable uses as a piggery or the commercial raising of livestock, fur-bearing animals and poultry, or other uses injurious, noxious or offensive to the neighborhood.

5.      Traditional commercial fishing activities, the opening of shellfish, and storage and use of fishing equipment.

6.      Uses of existing dwellings as residences and accessory uses customarily incidental to the principal residential use on the same premises, provided such uses are not detrimental to a residential neighborhood and do not alter the essential character of the dwelling as a residence.  Residential uses of dwellings may include the renting of rooms and furnishing of board by residents of the premises to overnight guests, if such uses do not alter the essential character of the dwellings as residences.

7.      Customary home occupations as defined in the Town of Eastham Zoning By-Law, but this shall not include the use of accessory structures as stores or for the display of goods to the passing public.

8.      Moving, alteration, enlargement, maintenance, or repairs of existing one-family residential dwellings or the erection of customary structures which will be accessory to the existing principal residential use provided that such improvements to existing dwellings and the erection of accessory structures will not increase the habitable space by more than fifty percent (50%) of the habitable space existing on September 1, 1959, nor the accessory space by more than 50% of the total habitable space, will afford not less than a fifty (50) foot setback from all streets measured at right angle with the line of the streets and a twenty-five (25) foot distance from abutters’ property lines, and further do not alter the essential character of the dwellings as a residence.

9.      Religious and educational use.

10.     Municipal use and public facilities.

11.     Detached, one-family dwellings and accessory structures, provided that no lot may be used for their construction which has a frontage of less than 150 feet, and an area of less than three (3) acres, and no dwelling or building may be located in such a manner as to provide less than
a 50-foot setback from all streets measured at a right angle with the street line and a 25-foot distance from abutters’ property lines.

Except as provided above, there shall be in the Seashore District F:

1.      No burning of cover unless determined by the Fire Chief to be necessary for the welfare and safety of the Town and such burning shall be in accordance with the requirements of M.G.L., C.48, Section 13.

2.      No filling of land, dumping, or removal of soil, loam, sand, or gravel in excess of five (5) cubic yards.

3.      No cutting of timber except: (a) by an owner for the purpose of reasonably controlling brush or trees; (b) maintenance cutting in pastures; and (c) cutting for clearance or maintenance on rights of way including those pertaining to public utilities or public highways.

4.      No buildings or structures.

5.      No commercial or industrial venture or activities.

6.      No drainage, damming or relocation of any water course except by a publicly authorized agency for the purpose of pest control.

7.      No continuous storage of materials or equipment.

Applicants for variances or exceptions shall be promptly notified by the Board of Appeals that the Secretary of the Interior is authorized to withdraw the suspension of his authority to acquire, by condemnation, property which is made the subject of a variance or exception that, in his opinion, fails to conform or is in any manner opposed to or inconsistent with the purposes of the Cape Cod National Seashore.  The Secretary of the Interior shall be given notice by the Board of Appeals, of all applications or petitions made for variances or exceptions to the By-Laws for the Seashore District and he shall be provided notice by the Building Inspector of all applications for building permits involving the Seashore District within seven (7) days of receipt of the applications or petitions.  The Secretary my be consulted at any time by zoning authorities or by the owner of   ‘improved property’ regarding the effect of a proposed variance or exception upon the status of the affected property with regard to the suspension of the suspension of the Secretary’s authority to condemn.  The Secretary, within sixty (60) days of the receipt of a request for such determination, or as soon thereafter as is reasonably possible, shall advise the owner or zoning authorities whether or not the intended use will subject the property to acquisition by condemnation.

Subsequently, to meet the requirements of the Act of Congress on August 7, 1961, the Secretary shall be given notice by the appropriate board of any variance, or exception, or building permit, granted or denied for the area within the Seashore District.

Approved by the Secretary of the Interior subject to an amendment to Article VIII which will specify a fifty (50) foot setback.

DISTRICT G1 -- Water Resource Protection District

1.      One family dwellings and duplex dwellings, accessory buildings and shelters for the uses of the resident occupants of such dwellings for garaging their own motor vehicles and equipment; the keeping of stock and the storage of campers or trailers on the resident occupants’ property by permit of the Selectmen.

2.      The above ground storage, for domestic residential use only, of the following:

a.      Fuel oil, not to exceed 300 gallons (nominal 275 gallons);

b.      Diesel fuel and/or gasoline, not to exceed two (2) ten (10) gallon tanks;

c.      Compressed gas tanks, not to exceed one 500 gallon tank.

3.      The domestic use of pesticides, herbicides, fungicides, rodenticides, and/or nitrate fertilizers on single or duplex residential parcels is allowed provided that:

a.      The  products before mentioned shall be acquired in commonly available retail package amounts only;

b.      The products before mentioned shall be used and stored according to guidelines printed on or in the retail package by the product manufacturer;

c.      The area of use and/or application of the products before mentioned on lawns, gardens, foundation plantings, and so forth, shall not exceed a total of ten thousand (10,000) square feet per residential parcel.

DISTRICT H2 -- Wellfield Protection District:

1.      Construction, operation and maintenance of municipal water supply wells.

2.      Protection of soil, water, plants and wildlife and other natural features and values.

3.      Passive recreation.

4.3     Ocean Beach subject to Site Plan – Special Permit