[Amended 7-15-1999; 10-26-2000; 2-1-2001; 11-18-2004 by Order No. 2004-113; 1-20-2005 by Order No. 2005-038; 1-20-2005 by Order No. 2005-039; 7-14-2005 by Order No. 2005-100; 5-10-2007 by Order No. 2007-101; 2-28-2008 by Order No. 2008-077; 2-28-2008 by Order No. 2008-090; 4-3-2008 by Order No. 2008-091; 6-17-2010 by Order No. 2010-122; 10-7-2010 by Order No. 2010-159; 9-8-2011 by Order No. 2011-138; 2-6-2014 by Order No. 2014-050; 7-21-2016 by Order No. 2016-166; 4-27-2017 by Order No. 2017-100]
In order to carry out the purpose of this chapter, the following districts are hereby established:
The Town of Barnstable is hereby divided into districts as shown on the Official Zoning Map which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this chapter.
Identification of Zoning Map. The official Zoning Map shall be identified by the title "ZONING MAP OF BARNSTABLE, MASS. DATED September 1, 1998", which is on file in the office of the Town Clerk as amended.
Location of Zoning Map. The Official Zoning Map shall be on file with the Town Clerk.
Zoning district boundaries.
The scale of the Zoning Map and the figures entered thereon are to serve as guides in locating the zoning district boundaries shown on the Zoning Map.
Where a street divides two zoning districts, the districts shall be deemed to abut each other.
Where the boundary line between zoning districts divides any lot existing at the time such line is adopted, which has street frontage in the less restricted area, a use authorized on the less restricted portion of such lot may be extended into the more restricted portion for a distance of not more than 30 feet. This subsection shall not apply to the following districts: HO Highway Office District; Groundwater Protection Overlay Districts; Adult Use Overlay District; Shopping Center Redevelopment Overlay District; MA-2 Business District; OR Office Residential District; and O-1, O-2, O-3 Office Districts.
[Amended 9-17-1998 by Order No. 99-012; 6-28-2001 by Order No. 2001-036; 7-19-2001 by Item Nos. 2001-37, 2001-038 and 2001-039]
Regulations within each district established herein shall be applied uniformly to each class or kind of structure or use.
Conformance to use regulations. No building shall be erected or altered and no building or premises shall be used for any purpose except in conformity with all of the regulations herein specified for the district in which it is located.
Conformance to bulk and yard regulations. No building shall be erected or altered to exceed the height or bulk, or to have narrower or smaller yards or other open spaces than herein required, or in any other manner contrary to the provisions of this chapter.
Lot size requirements. Wetlands shall not be included in the lot area (square feet) requirement for zoning compliance.
Lot shape factor/residential districts. To meet the minimum area requirements in residential districts, a lot must be a closed plot of land having a definite area and perimeter and having a shape factor not exceeding the numerical value of 22, except that a lot may have a shape factor exceeding 22 if the proposed building site is located on a portion of a lot that itself meets the minimum lot area requirement and has a shape factor not exceeding 22, and such lots shall not be created to a depth greater than two lots from the principal way.
Contiguous upland required. In addition to the requirements of Subsection C herein, all lots shall have 100% of the minimum required lot area as contiguous upland.
Number of buildings allowed per lot.
Residential districts: Unless otherwise specifically provided for herein, within residential districts, only one principal permitted building shall be located on a single lot.
All other districts: In all other districts, any number of buildings may be located on a single lot; provided, however, that all regulations for the district in which such buildings are located are complied with, including percentage lot coverage if applicable.
Setbacks from wetlands/great ponds. In addition to the setbacks established hereinafter, the following shall also apply:
All construction, with the exception of elevated stairways, decks, driveways, fences and water-dependent structures such as piers and marina facilities, shall be set back a minimum of 35 feet from wetlands.
All construction shall be set back a minimum of 50 feet from mean high water on any great pond, except that in residential districts, all buildings except boathouses shall be set back a minimum of 50 feet from mean high water on any great pond.
In any residential district a one-family dwelling and its accessory buildings may be erected on any lot which complies with the applicable provisions of Chapter 40A of the General Laws.
Gross floor area requirements. Gross floor area shall be used in all determinations related to this chapter.
[Added 10-7-1993 by Order No. 94-016]
[Amended 10-7-1999 by Order No. 99-160A]
The following uses and structures are permitted in all zoning districts:
Municipal and water supply uses.
Municipal recreation use, including recreational activities conducted on Town-owned land under the terms of a lease approved by Town Council. In the case of such a lease, any improvements or changes to such Town-owned land shall be subject to the review of a committee of five residents appointed by the Town Manager or Town Council, at least two of whom shall be from the precinct in which the land is located.
The use of land or structures exempt from the use provisions of this chapter pursuant to MGL Ch. 40A, § 3, and any other statute.
Where such exempt uses are subject to reasonable regulation of bulk, density and parking regulations by MGL Ch. 40A, § 3, reasonable regulation shall be deemed to be: the bulk regulations of the zoning district, except that church steeples may be permitted up to 75 feet in height; Article VI, Off-Street Parking Regulations; and Article IX, Site Plan Review.
Where the proposed use does not comply with Subsection A(3)(a) above, the Zoning Board of Appeals shall by a modification permit, modify the bulk regulations of the zoning district and/or the parking requirements of Article VI, Off-Street Parking Regulations, where such regulation would substantially diminish or detract from the usefulness of a proposed development, or impair the character of the development so as to affect its intended use, provided that the modification of the bulk regulations and/or parking requirements will not create a public safety hazard along the adjacent roadways and will not create a nuisance to other, surrounding properties such that it will impair the use of these properties.
A modification permit shall be subject to the same procedural requirements as a special permit, except that approval of the modification permit shall require a majority of the members of the Board.
Agriculture, horticulture, viticulture, aquaculture and/or floriculture on a parcel of land five acres or less in size shall be permitted subject to the following requirements in residential districts:
Seasonal garden stands for the sale of seasonal fruits, flowers and vegetables shall be permitted, only for the sale of produce grown on the premises.
No person shall be employed on the premises.
No more than one temporary, on-premises sign may be erected, not to exceed two square feet, to be removed during the off season.
Any structure for agricultural, horticulture, viticulture, aquaculture and/or floriculture use shall conform to the setbacks of the zoning district, or a minimum of 25 feet, whichever is greater, except that the keeping of horses in a residential district shall be in compliance with the requirements of that zoning district.
The following temporary uses are permitted in all zoning districts:
Temporary occupancy of a trailer during construction of a permanent home; provided, however, a special permit is first obtained from the Zoning Board of Appeals.
Temporary occupancy of a trailer for living purposes by nonpaying guests for a period not exceeding 20 days in any calendar year; provided, however, that the owner of land upon which the trailer is to be located first obtains a permit from the Building Commissioner.
Temporary occupancy of a trailer as a construction office incidental to development of or construction on the premises on which the trailer is to be located; provided, however, that a permit is first obtained from the Building Commissioner.
[Added 2-22-1996 by Order No. 95-194]
Maintenance and occupancy of tents in an organized and supervised recreational camp subject to compliance with the rules of the Barnstable Board of Health; provided, however, that a special permit is first obtained from the Zoning Board of Appeals.
A tent may be put in place on a lot used for residential purposes, for not more than 10 days, in connection with special family occasions or events, but not to be used for any commercial purposes.
A tent may be put in place for not more than 10 days, not more than twice in any calendar year, in connection with a fund-raising or special event by a public institution or nonprofit agency.
Subject to annual approval by the Building Commissioner, a tent may be erected and used as a temporary accessory structure to an existing permanent business only during the period beginning May 1 until October 31. The tent shall conform to all the parking requirements and bulk or dimensional requirements of this chapter.
The following uses are prohibited in all zoning districts:
Any use which is injurious, noxious or offensive by reason of the emission of odor, fumes, dust, smoke, vibration, noise, lighting or other cause.
A tent maintained or occupied for living or business purposes, except as permitted in § 240-9D above.
[Amended 2-22-1996 by Order No. 95-194]
A trailer parked, stored or occupied for living or business purposes, except as specifically provided for in § 240-9 herein.
Hotels and motels in Precincts 1, 2, 4, 6, and 7 as existing on November 9, 1983, except in the IND Limited and IND Industrial Districts.
All types of non-medical "marijuana establishments" as defined in M.G.L. c. 94G § 1, including marijuana product manufacturers, marijuana retailers or any other types of licensed related businesses except for licensed marijuana cultivators, research and independent testing laboratory facilities permitted as a conditional use in the MS Medical Services District and GM Gateway Medical District, subject to all the requirements of Article XII, § 240-122.1 herein.
[Added 9-6-2018 by Order No. 2019-015]