ADUs Not Allowed in Business Districts
Appears InconsistentFalmouth, Barnstable County
Use & OccupancyWhat This Means for Your Project
This provision appears inconsistent with G.L. c. 40A §3 and is subject to statutory override. However, it may still appear in Falmouth's local code and could create confusion during the permitting process. Builders should be prepared to cite state law if this comes up.
State Law
G.L. c. 40A, § 3 and 760 CMR 71.00 require that Protected Use ADUs be allowed as of right on any lot where single-family dwellings are permitted as of right.
Local Bylaw
Under Articles 16 and 17, the town allowed ADUs as of right only in Agricultural and Residence Districts. Business Districts (B-1, B-2, B-3, and BR) also allow single-family dwellings as of right but ADUs were not included.
Impact on Your Project
The AG noted that ADUs must also be allowed as of right in Business Districts where single-family homes are permitted and advised the town to amend the bylaw and use tables to make this explicit.
How Other Towns Handle Use & Occupancy
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