Town of Barnstable, MA
Barnstable County
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Table of Contents
Table of Contents
A. 
Principal permitted uses. The following uses are permitted in the RB, RD-1 and RF-2 Districts:
(1) 
Single-family residential dwelling (detached).
B. 
Accessory uses. The following uses are permitted as accessory uses in the RB, RD-1 and RF-2 Districts:
(1) 
Renting of rooms for not more than three nonfamily members by the family residing in a single-family dwelling.
[Amended 11-7-1987 by Art. 12]
(2) 
Keeping, stabling and maintenance of horses subject to the following:
(a) 
Horses are not kept for economic gain.
(b) 
A minimum of 21,780 square feet of lot area is provided, except that an additional 10,890 square feet of lot area for each horse in excess of two shall be provided.
(c) 
All state and local health regulations are complied with.
(d) 
Adequate fencing is installed and maintained to contain the horses within the property, except that the use of barbed wire is prohibited.
(e) 
All structures, including riding rings and fences to contain horses, conform to 50% of the setback requirements of the district in which located.
(f) 
No temporary buildings, tents, trailers or packing crates are used.
(g) 
The area is landscaped to harmonize with the character of the neighborhood.
(h) 
The land is maintained so as not to create a nuisance.
(i) 
No outside artificial lighting is used beyond that normally used in residential districts.
C. 
Conditional uses. The following uses are permitted as conditional uses in the RB, RD-1 and RF-2 Districts, provided a special permit is first obtained from the Zoning Board of Appeals subject to the provisions of § 240-125C herein and the specific standards for such conditional uses as required in this section:
(1) 
Renting of rooms to no more than six lodgers in one multiple-unit dwelling.
(2) 
Public or private regulation golf courses subject to the following:
(a) 
A minimum length of 1,000 yards is provided for a nine-hole course and 2,000 yards for an eighteen-hole course.
(b) 
No accessory buildings are located on the premises except those for storage of golf course maintenance equipment and materials, golf carts, a pro shop for the sale of golf related articles, rest rooms, shower facilities and locker rooms.
(3) 
Keeping, stabling and maintenance of horses in excess of the density provisions of Subsection B(2)(b) herein, either on the same or adjacent lot as the principal building to which such use is accessory.
(4) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C(4), regarding family apartments, was repealed 11-18-2004 by Order No. 2005-026. See now § 240-47.1.
(5) 
Windmills and other devices for the conversion of wind energy to electrical or mechanical energy, but only as an accessory use.
(6) 
Bed-and-breakfast.
[Added 2-20-1997]
(a) 
Intent: It is the intent of this section to allow bed-and-breakfast operations in larger older homes to provide an adaptive reuse for these structures and, in so doing, encourage the maintenance and enhancement of older buildings which are part of the community character. This use will also create low-intensity accommodations for tourist and visitors and enhance the economic climate of the Town. By requiring that the operation is owner occupied and managed, the Town seeks to ensure that the use will be properly managed and well maintained.
(b) 
Bed-and-breakfast, subject to the following conditions:
[1] 
The bed-and-breakfast operation shall be located within an existing, owner-occupied single-family residential dwelling constructed prior to 1970 containing a minimum of four bedrooms as of December 1, 1996.
[2] 
No more than three bedrooms shall be rented for bed-and-breakfast to a total of six guests at any one time. For the purpose of this section, children under the age of 12 years shall not be considered in the total number of guests.
[3] 
No cooking facilities including but not limited to stoves, microwave ovens, toaster ovens and hot plates shall be available to guests, and no meals except breakfast shall be served to guests.
[4] 
The owner of the property shall be responsible for the operation of the property and shall be resident when the bed-and-breakfast is in operation. The owner shall file an affidavit with the Building Commissioner on an annual basis in the month of January stating that the property is the principal residence of the owner and that the owner is resident all times that the bed-and-breakfast is being operated. If the affidavit is not filed, the operation shall cease forthwith and any special permit issued shall be considered null and void. The requirement for filing of an affidavit shall not apply to bed-and-breakfast operations legally established prior to October 1, 1996.
[5] 
The single-family residence in which the bed-and-breakfast operation is located shall be maintained so that the appearance of the building and grounds remain that of a single-family residence.
[6] 
If the property is not served by public water, the applicant shall provide evidence to the Zoning Board of Appeals that the proposed use will not have any detrimental impact on any private water supply on site or off site.
[7] 
No parking shall be located in any required building yard setback, and parking areas shall be screened from adjoining residential properties by a fence or dense plantings, not less than five feet in height. Parking areas may be permitted in front of the house, not within the required building front yard setback, provided that the Zoning Board of Appeals finds that the spaces are designed and located in a manner which retains the residential character of the property. Grass overflow areas may be utilized for parking, provided these are maintained with a grass ground cover in good condition.
[8] 
The special permit for the bed-and-breakfast conditional use operation shall be issued to the owner only and is not transferable to a subsequent property owner. This provision shall only apply to bed-and-breakfast conditional use operations established in residential districts.
D. 
Special permit uses. The following uses are permitted as special permit uses in the RB, RD-1 and RF-2 Districts, provided a special permit is first obtained from the Planning Board:
(1) 
Open space residential developments subject to the provisions of § 240-17 herein.
E. 
Bulk regulations.
Minimum Yard Setbacks
Zoning Districts
Minimum Lot Area
(square  feet)
Minimum Lot Frontage
(feet)
Minimmum Lot Width
(feet)
Front
(feet)
Side
(feet)
Rear
(feet)
Maximum Building Height
(feet)
RB
43,5602
20
100
203
10
10
301
RD-1
43,5602
20
125
303
10
10
301
RF-2
43,5602
20
150
303
15
15
301
NOTES:
1
Or 2 1/2 stories, whichever is lesser.
2
A minimum lot area of 87,120 square feet is required in RPOD Overlay District.
[Added 10-26-2000]
3
One hundred feet along Routes 28 and 132.
[Added 5-10-2007 by Order No. 2007-101]
A. 
Principal permitted uses. The following uses are permitted in the R-2C District:
(1) 
Single-family residential dwelling (detached).
B. 
Accessory uses. The following uses are permitted as accessory uses in the R-2C District:
(1) 
Family apartments. (See § 240-47.1.)
(2) 
Keeping, stabling and maintenance of horses subject to the provisions of § 240-11B(2).
(3) 
Home occupation. (See § 240-46).
(4) 
Renting of rooms to not more than three nonfamily members by the family residing in a single-family residence.
C. 
Special permit uses. The following uses are permitted as special permit uses in the R-2C District, provided that a special permit is first obtained from the Board.
(1) 
Keeping, stabling and maintenance of horses in excess of the density provisions of § 240-11B(2)(b) herein, either on the same lot or adjacent lot as the principal building to which such use is accessory.
(2) 
Windmills and other devices for the conversion of wind energy to electrical or mechanical energy but only as an accessory use. (See § 240-44.1.)
D. 
Open space residential developments. (See § 240-17.)
(1) 
Bulk regulations:
(a) 
Minimum lot area, contiguous upland: 87,120 square feet.
(b) 
Minimum lot frontage: 20 feet.
(c) 
Minimum front yard setback: 30 feet.
(d) 
Minimum side and rear yard setback: 15 feet.
(e) 
Maximum building height:
[1] 
Maximum building height in feet: 30.
[2] 
Maximum building height in stories: 2 1/2.
(2) 
Grandfathering. Within the R-2C District, any lot that met the minimum lot area and minimum lot frontage requirements of the RF-1 or RF-2 Districts respectively, prior to the effective date of the Pond Village DCPC nomination of August 26, 2005, as specified in the Cape Cod Commission Acceptance Decision dated September 15, 2005, shall not be subject to R-2C minimum lot area.
[1]
Editor's Note: Former § 240-12, RB-1 Residential District, as amended, was repealed 7-14-2005 by Order No. 2005-100.
A. 
Principal permitted uses. The following uses are permitted in the RC, RD, RF-1 and RG Districts:
(1) 
Single-family residential dwelling (detached).
B. 
Accessory uses. The following uses are permitted as accessory uses in the RC, RD, RF-1 and RG Districts:
(1) 
Keeping, stabling and maintenance of horses subject to the provisions of § 240-11B(2) herein.
C. 
Conditional uses. The following uses are permitted as conditional uses in the RC, RD, RF-1 and RG Districts, provided a special permit is first obtained from the Zoning Board of Appeals subject to the provisions of § 240-125C herein and subject to the specific standards for such conditional uses as required in this section:
(1) 
Public or private regulation golf courses subject to the provisions of § 240-11C(2) herein.
(2) 
Keeping, stabling and maintenance of horses in excess of the density provisions of § 240-11B(2)(b) herein, either on the same or adjacent lot as the principal building to which such use is accessory.
(3) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C(4), regarding family apartments, was repealed 11-18-2004 by Order No. 2005-026. See now § 240-47.1.
(4) 
Windmills and other devices for the conversion of wind energy to electrical or mechanical energy, but only as an accessory use.
D. 
Special permit uses. The following uses are permitted as special permit uses in the RC, RD, RF-1 and RG Districts, provided a special permit is first obtained from the Planning Board:
(1) 
Open space residential developments subject to the provisions of § 240-17 herein.
E. 
Bulk regulations.
Minimum Yard Setbacks
Zoning Districts
Minimum Lot Area
(square feet)
Minimum Lot Frontage
(feet)
Minimum Lot Width
(feet)
Front
(feet)
Side
(feet)
Rear
(feet)
Maximum Building Height
(feet)
RC
43,5602
20
100
203
10
10
301
RD
43,5602
20
125
303
15
15
301
RF-1
43,5602
20
125
303
15
15
301
RG
65,000
20
200
303
15
15
301
NOTES:
1
Or 2 1/2 stories, whichever is lesser.
2
A minimum lot area of 87,120 square feet is required in RPOD Overlay District.
[Added 10-26-2000]
3
One hundred feet along Routes 28 and 132.
A. 
Principal permitted uses. The following uses are permitted in the RC-1 and RF Districts:
(1) 
Single-family residential dwelling (detached).
B. 
Accessory uses. The following uses are permitted as accessory uses in the RC-1 and RF Districts:
(1) 
Renting of rooms for not more than three nonfamily members by the family residing in a single-family dwelling.
[Amended 11-7-1987 by Art. 12]
(2) 
Keeping, stabling and maintenance of horses subject to the provisions of § 240-11B(2) herein.
C. 
Conditional uses. The following uses are permitted as conditional uses in the RC-1 and RF Districts, provided a special permit is first obtained from the Zoning Board of Appeals subject to the provisions of § 240-125C herein and subject to the specific standards for such conditional uses as required in this section:
[Amended 8-17-1995 by Order No. 95-195]
(1) 
Home occupation, subject to all the provisions of § 240-46C, Home occupation by special permit.
(2) 
Renting of rooms to no more than six lodgers in one multiple-unit dwelling.
(3) 
Public or private regulation golf courses subject to the provisions of § 240-11C(2) herein.
(4) 
Keeping, stabling and maintenance of horses in excess of the density provisions of § 240-11B(2)(b) herein, either on the same or adjacent lot as the principal building to which such use is accessory.
(5) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C(4), regarding family apartments, was repealed11-18-2004 by Order No. 2005-026. See now § 240-47.1.
(6) 
Windmills and other devices for the conversion of wind energy to electrical or mechanical energy, but only as an accessory use.
(7) 
Bed-and-breakfast operation subject to the provisions of § 240-11C(6).
[Added 2-20-1997]
D. 
Special permit uses. The following uses are permitted as special permit uses in the RC-1 and RF Districts, provided a special permit is first obtained from the Planning Board:
(1) 
Open space residential developments subject to the provisions of § 240-17 herein.
(2) 
Private initiated affordable housing developments: A private-initiated affordable housing developments (PI-AHD) on seven acres or more, subject to the provisions of § 240-17.1 and in full compliance with the standards set forth therein.
Added 11-18-2004 by Order No. 2004-113]
E. 
Bulk regulations.
Minimum Yard Setbacks
(feet)
Zoning Districts
Minimum Lot Area
(square feet)
Minimum Lot Frontage
(feet)
Minimum Lot Width
(feet)
Front
Side
Rear
Maximum Building Height
(feet)
RC-1
43,5602
125
303
15
15
301
RF
43,5602
150
303
15
15
301
1
Or 2 1/2 stories, whichever is lesser.
2
A minimum lot area of 87,120 square feet is required in RPOD Overlay District.
[Added 10-26-2000]
3
One hundred feet along Routes 28 and 132.
A. 
Principal permitted uses. The following uses are permitted in the RC-2 District:
(1) 
Single-family residential dwelling (detached).
B. 
Accessory uses. The following uses are permitted as accessory uses in the RC-2 District:
(1) 
Keeping, stabling and maintenance of horses subject to the provisions of § 240-11B(2) herein.
C. 
Conditional uses. The following uses are permitted as conditional uses in the RC-2 District, provided a special permit is first obtained from the Zoning Board of Appeals subject to the provisions of § 240-125C herein and subject to the specific standards for such conditional uses as required in this section:
(1) 
Nursing and/or retirement home, but not to include hospitals, sanatoriums, convalescent homes or detached infirmaries or clinics, subject to the following:
(a) 
The site for the home consists of a minimum of five acres.
(b) 
The capacity-to-land ratio of the home does not exceed 10 beds per acre.
(c) 
Off-street parking is provided in compliance with Article VI herein.
(d) 
All buildings are located a minimum of 150 feet from existing public ways.
(e) 
The applicant has received a certificate of need from the Massachusetts Division of Medical Care, Department of Public Health.
(f) 
A perimeter survey has been submitted showing entire tract ownership, all abutting ownership and all existing ways and easements.
(g) 
A topographic plan of the entire site has been submitted by a registered land surveyor showing elevation contours at five-foot intervals and showing all existing structures and vegetative cover masses, such plan to have been compiled by means of on-site survey or approved aerial photographic method.
(h) 
A sketch plan of the proposed development has been submitted showing the density and location of structures, vehicular and pedestrian circulation, roadways and parking, proposed utilities and pertinent vegetation and soil and water conditions.
(i) 
An architectural rendering or sketch has been submitted of any proposed structure.
(2) 
Public or private regulation golf courses subject to the provisions of § 240-11C(2) herein.
(3) 
Keeping, stabling and maintenance of horses in excess of the density provisions of § 240-11B(2)(b) herein, either on the same or adjacent lot as the principal building to which such use is accessory.
(4) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C(4), regarding family apartments, was repealed11-18-2004 by Order No. 2005-026. See now § 240-47.1.
(5) 
Windmills and other devices for the conversion of wind energy to electrical or mechanical energy, but only as an accessory use.
D. 
Special permit uses. The following uses are permitted as special permit uses in the RC-2 District, provided a special permit is first obtained from the Planning Board:
(1) 
Open space residential developments subject to the provisions of § 240-17 herein.
E. 
Bulk regulations.
Minimum Yard Setbacks
(feet)
Zoning Districts
Minimum Lot Area
(square feet)
Minimum Lot Frontage
(feet)
Minimum Lot Width
(feet)
Front
Side
Rear
Maximum Building Height
(feet)
RC-2
43,5602
20
100
203
10
10
301
1
Or 2 1/2 stories, whichever is lesser.
2
A minimum lot area of 87,120 square feet is required in RPOD Overlay District.
3
One hundred feet along Routes 28 and 132.
[Added 10-26-2000]
[Added 11-5-1988 by Art. 9]
A. 
Principal permitted uses. The following uses are permitted in the RAH District:
(1) 
Single-family residential dwelling (detached).
(2) 
Affordable single-family residential dwellings subject to the special bulk regulation contained herein. For the purpose of this section the term "affordable" shall mean dwellings sold or leased by a nonprofit corporation and/or governmental agency whose principal purpose is to provide housing to eligible tenants and/or buyers.
B. 
Conditional uses. The following uses are permitted as conditional uses in the RAH District, provided a special permit is first obtained from the Zoning Board of Appeals subject to the provisions of § 240-125C herein and subject to the specific standards for such conditional uses as required in this section:
(1) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C(4), regarding family apartments, was repealed11-18-2004 by Order No. 2005-026. See now § 240-47.1.
(2) 
Windmills and other devices for the conversion of wind energy to electrical or mechanical energy, but only as an accessory use.
C. 
Special permit uses. The following uses are permitted as special permit uses in the RAH District, provided a special permit is first obtained from the Planning Board:
(1) 
Open space residential developments subject to the provisions of § 240-17 herein.
D. 
Bulk regulations.
Minimum Yard Setbacks
(feet)
Zoning Districts
Minimum Lot Area
(square feet)
Minimum Lot Frontage
(feet)
Minimum Lot Width
(feet)
Front
Side
Rear
Maximum Building Height
(feet)
RAH
43,560
125
30
15
15
301
RAH
10,0002,3
20
75
30
15
15
301
1
Or 2 1/2 stories, whichever is lesser.
2
Provided that each dwelling is connected to the municipal sewage collection system when the site is located in a Groundwater Protection Overlay District.
3
As an alternative to individual lots, more than one single-family dwelling may be constructed on a lot, provided that the area of any such lot shall contain not less than 10,000 square feet of contiguous upland for each single-family dwelling constructed. When more that one single-family dwelling is constructed on a lot said dwelling shall be at least 30 feet apart.
[Added 2-28-2008 by Order No. 2008-077; amended 1-20-2011 by Order No. 2011-039]
A. 
Purpose. The purpose of this section is to authorize by special permit privately initiated affordable housing by for-profit or not-for-profit organizations that:
(1) 
Provide for residential development in a manner that is consistent with existing neighborhood development in terms of density and housing types; and
(2) 
Authorize an increase in the permissible density of housing in a proposed development, provided that the applicant shall, as a condition for the grant of said special permit, provide housing for persons of low or moderate income.
B. 
Principal permitted uses. The following uses are permitted in the MAH District:
(1) 
Single-family residential dwelling (detached).
C. 
Special permit uses. For the purposes of this section, the Planning Board shall be the special permit granting authority. The following uses are permitted as conditional uses in the MAH District, provided that a special permit is first obtained from the Planning Board subject to the provisions of § 240-125C herein and subject to the specific standards for such special permit uses as required in this section:
(1) 
Multifamily affordable housing developments connected to the municipal sewage collection system.
D. 
Bulk regulations.
[Amended 11-2-2017 by Order No. 2018-027]
Zoning District
Minimum Lot Area
(square feet)
Minimum Lot
Frontage (feet)
Minimum Lot Width
(feet)
Minimum Yard Setbacks
(feet)
Maximum Building Height1
(feet)
Front
Side
Rear
MAH
87,120
200
60
30
30
30
NOTES:
1
Height shall be measured from the grade plane to the plate.
E. 
Density requirements. The total number of residential units allowable within a Multifamily Affordable Housing Development (MAHD) shall not exceed 16 per acre of upland.
[Amended 11-2-2017 by Ord. No. 2018-027]
F. 
Affordable units. At least 25% of the dwelling units shall be affordable units, subject to the following conditions:
(1) 
All affordable units shall remain affordable, as defined herein, in perpetuity. A use restriction shall assure this condition. The use restriction shall be structured to survive any and all foreclosures.
(2) 
The continuing enforcement of the use restriction through subsequent resale of the affordable units shall be the subject of a monitoring agreement.
(3) 
The use restriction and the monitoring agreement shall be drafted in compliance with the Local Initiative Program (LIP), and guidelines promulgated thereunder. The use restriction and the monitoring agreement shall be subject to review and approval by the Planning Board and approved as to form by the Town Attorney's office prior to the issuance of any building permits for any dwelling unit.
(4) 
The affordable unit shall conform to all Department of Housing and Community Development (DHCD) standards that must be met to qualify these units for inclusion in the DHCD Subsidized Housing Inventory (SHI).
(5) 
A right of first refusal upon the transfer of such affordable units shall be granted to the Town or its designee for a period of not less than 120 days after notice thereof.
(6) 
Affordable units shall not be segregated within the MAHD. The affordable units shall satisfy the design and construction standards and guidelines of the Local Initiative Program with regard to distinguishability from market rate units. It is the intent of this section that the affordable units shall be eligible for inclusion in the DHCD Subsidized Housing Inventory as LIP units.
[Amended 11-2-2017 by Order No. 2018-027[1]]
[1]
Editor’s Note: This order also repealed former Subsection F(7), which immediately followed and set forth regulations for inclusionary requirements for applicants under § 240-29 of the Senior Continuing Care Retirement Community Overlay District. The order also renumbered former Subsection F(8) through (10) as Subsection F(7) through (9), respectively.
(7) 
Affordable units shall obtain occupancy permits issued at the rate of one affordable unit for every four market rate units.
[Amended 11-2-2017 by Order No. 2018-027]
(8) 
In computing the number of required affordable units, any fraction of a unit shall be rounded up, and the result of this computation shall be the number of affordable units required to be built within the MAHD. Affordable units shall only be located within any development permitted under this provision. This standard is not subject to variance.
(9) 
No occupancy permit shall be granted unless the affordable dwelling units have been approved by the DHCD as eligible for the DHCD Subsidized Housing Inventory under the Local Initiative Program (LIP) Guidelines.
[Amended 11-2-2017 by Order No. 2018-027[2]]
[2]
Editor’s Note: This order also repealed former Subsection F(11), which immediately followed and set forth regulations for a multifamily affordable housing development proposed to satisfy inclusionary requirements for a senior continuing care retirement community.
G. 
Decision. The Planning Board may grant a special permit for a MAHD where it makes the following findings:
(1) 
The proposed MAHD complies with all applicable subdivision rules unless otherwise waived by the Board.
(2) 
The proposed MAHD complies with the Zoning Ordinance and the requirements of this section.
(3) 
The proposed MAHD provides affordable units consistent with the requirements set forth herein.
(4) 
The proposed MAHD does not cause substantial detriment to the neighborhood.
H. 
Relation to other requirements. The submittals and special permit required herein shall be in addition to any other requirements of the Subdivision Control Law or any other provisions of this Zoning Ordinance.
I. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
AFFORDABLE UNIT
A dwelling unit reserved in perpetuity for rental or ownership by a qualified affordable housing unit purchaser or tenant as defined under § 9.2 of the Code, and priced to conform with the standards of the Massachusetts Department of Housing and Community Development (DHCD) for ownership units set forth in the Local Initiative Program Guidelines, in order that such affordable units shall be included in the DHCD Subsidized Housing Inventory.
APPLICANT
The person or persons, including a corporation or other legal entity, who applies for issuance of a special permit for construction of a private-initiated affordable housing development (MAHD) hereunder. The applicant must own or be the beneficial owner of all the land included in the proposed MAHD, or have authority from the owner(s) to act for the owner(s) or hold an option or contract duly executed by the owner(s) and the applicant giving the latter the right to acquire the land to be included in the site.
MULTIFAMILY AFFORDABLE HOUSING DEVELOPMENT (MAHD)
A development of multifamily residential dwelling(s), including required affordable units and permissible accessory structures, authorized by special permit from the Planning Board as set forth herein.[3]
USE RESTRICTION
A restriction ensuring the continued affordability of a dwelling unit. A use restriction is a deed restriction or other legally binding instrument in a form consistent with Department of Housing and Community Development (DHCD) Local Initiative Program (LIP) guidelines which runs with the land and is recorded with the relevant registry of deeds or land court registry district, and which effectively restricts the occupancy of a low- or moderate-income housing unit to income eligible households during the term of affordability. A use restriction shall contain terms and conditions for the resale of a homeownership unit, including definition of the maximum permissible resale price, and for the subsequent rental of a rental unit, including definition of the maximum permissible rent. A use restriction shall require that tenants of rental units and owners of homeownership units shall occupy the units as their principal residences.
[3]
Editor’s Note: The definition of “nursing or convalescent home,” which immediately followed, was repealed 11-2-2017 by Order No. 2018-027.
[Amended 11-7-1987 by Art. 4; 6-17-1999]
A. 
Purpose. This section has been established to permit a variation in development styles with efficient provision of roads and utilities; and to provide for the public interest by the preservation of open space in perpetuity, for protection of both natural resources and visual character of the land.
B. 
Application. An open space residential development is permitted in all residential districts by special permit from the Planning Board.
C. 
Minimum area. A minimum area shall be required sufficient to accommodate no less than four dwelling units based on all the requirements of the zoning district in which the development is located.
D. 
Permitted uses. The following uses are permitted in an open space residential development:
(1) 
Detached single-family dwellings and permitted accessory uses, including a cluster unit wastewater treatment facility.
(2) 
Common open space, preserved as such in perpetuity.
(3) 
Recreational facilities and activities exclusively for use by residents of an open space residential development, as approved by the Planning Board.
E. 
Density requirements. The total number of residential units allowable within an open space residential development shall not exceed the number of units that would be allowed in the zoning district in which the site is located. The total number of units allowed shall be determined by submission of a preliminary grid sketch plan in accordance with Subsection M(1) herein, showing the total number of developable lots which could be obtained by utilizing a conventional grid subdivision, in conformance with all the zoning district area requirements, and with legal access over the road providing frontage. Lots on the preliminary plan which are not practically buildable because of impediments to development, such as slope in excess of 15%, utility easements, impervious soils, high groundwater or the location of wetlands, shall not be countable towards the number of developable lots, except that this provision may be waived for a development which is 100% affordable. For the purposes of this section, "affordable" shall mean dwellings sold or leased by a nonprofit corporation and/or government agency whose principal purpose is to provide housing to eligible tenants and/or buyers. Such housing shall remain affordable in perpetuity.
F. 
Bulk regulations. The Planning Board may grant a reduction of the bulk regulations, provided that in no instance shall any lot contain less 15,000 square feet or have less than 20 feet of frontage, a front yard setback of not less than 20 feet, and side and rear setbacks of not less than 12 feet. The minimum lot size may be further decreased by the Planning Board for a development which is 100% affordable, as defined in Subsection C above. No lot shall be panhandled more than two lots from a roadway, and panhandled lots shall only be permitted where the Planning Board finds that safe and adequate access is provided to the rear lot. As a condition of approval of the special permit, the developer shall submit evidence to the Planning Board of recorded easements, to assure access to joint driveways, where shown on the definitive subdivision plan.
G. 
Soils. The nature of the soils and subsoils shall be suitable for the construction of roads and buildings. The Planning Board may require that soil borings or test pits be made on each lot as shown on the preliminary sketch plan, when borings required pursuant to the Subdivision Rules and Regulations,[1] or the USDA, Soil Conservation Service maps indicate soils which may not be suitable for development. Soil borings if required, shall indicate soil texture, percolation rates and depth to the ground water table at its maximum elevation, in order to determine the buildability of each lot. Maximum groundwater elevation shall be determined using data available from the US Geological Survey publication "Probable High Ground Water Levels on Cape Cod."
[1]
Editor's Note: See Ch. 801, Subdivision Rules and Regulations.
H. 
Wastewater.
(1) 
The development shall be connected to Town sewer, or shall comply with the provisions of 310 CMR 15.00, of the State Environmental Code (Title 5) and the on-site wastewater disposal regulations of the Board of Health.[2] No on-site sewage disposal leaching field systems shall be located within 150 feet from any wetland or surface water body, and where possible, located outside a riverfront area as defined according to 310 CMR 10.58, Riverfront Area. In no instance shall an open space residential development be approved which requires a variance to be granted from Title 5 of the State Environmental Code, or on-site sewage disposal regulations of the Board of Health with regard to depth to groundwater, distance to wetlands, buildings or public or private water supply wells. Such Board of Health variance shall render the special permit void as it pertains to the lot or lots affected.
[2]
Editor's Note: See 360, On-Site Sewage Disposal Systems.
(2) 
Based only upon recommendation by the Board of Health pursuant to MGL Ch. 41, § 81U, that lots in the development be connected to a clustered unit wastewater system, with or without nutrient removal, the Planning Board shall incorporate such requirement into a decision of approval, as a condition of that approval.
(3) 
The clustered unit wastewater system shall be located as far as possible from any sensitive environmental receptor, such as public or private wells, wetlands or water bodies, vernal pools, and rare and endangered species habitats.
(4) 
A clustered unit wastewater system location, design, maintenance, repair and operation is specifically subject to approval by the Board of Health as a condition of approval of the open space residential development.
(5) 
Where the common open space is to be owned by the homeowners, a clustered unit wastewater system shall be located on a common open space lot, shown on the definitive plan and labeled as such. Where the common open space is to be deeded to the Town or to a nonprofit corporation pursuant to Subsection M(2)(b) below, a clustered unit wastewater system shall be located upon a separate lot and owned by a corporation or trust, owned or to be owned, by the owners of lots or residential units within the development. Undivided interest in the wastewater treatment facility and the lot on which it is located shall pass with the conveyance of each building lot, or unit. The trust or corporation documents ensuring common ownership and management of the facility by the homeowners shall be submitted to the Planning Board with the definitive subdivision plan; and submitted to the Board of Health at the time of application of the definitive plan to the Planning Board.
(6) 
The homeowners corporation or trust shall be responsible for the operation, maintenance, repair and eventual replacement of the wastewater treatment facility, in accordance with all federal, state, Cape Cod Commission and Board of Health requirements, as a condition of approval of the open space residential development special permit.
I. 
Water supply.
(1) 
Public water supply shall ordinarily be required in open space residential developments, unless the applicant demonstrates that it cannot reasonably be made available to the site.
(2) 
In areas dependent upon private wells, a special permit for an open space residential development shall only be granted upon recommendation from the Board of Health, pursuant to MGL Ch. 41, § 81U, with the finding that contamination of private wells both on site and off site, will not occur, either because the development has been designed with sufficient distance between private wells, septic systems and drainage facilities, or because the applicant is providing an appropriately located clustered unit wastewater system.
(3) 
No variance shall be granted from Board of Health, well and on-site sewage disposal regulations, to waive the minimum separation distance between a public or private well and septic system, either on site or off site.
J. 
Floodplains.
(1) 
No developable lots or roads shall be located on barrier beaches and coastal dunes as defined by the Wetlands Policy Act, or within the FEMA V Zones.
(2) 
Filling, dredging and placement of utilities or structures within the one-hundred-year floodplain, as shown on the current National Flood Insurance Rate Maps, shall be avoided and development concentrated outside the A and B Flood Zones to the maximum extent feasible. If site conditions are such that compliance with this subsection would be impracticable, such activities may be allowed in conformity with § 240-34 herein.
K. 
Preservation of site topographic features. The subdivision design shall preserve and enhance the natural topography of the land by locating roads and building sites in relationship to the existing topography so as to minimize the amount of land clearance, grading, and cuts and fills.
L. 
Open space use, design and maintenance standards. Within an open space residential development, the balance of the area requirement for lot size shall be provided in common open space, designated as an open space lot or lots on the subdivision plan. The common open space shall be used, designed, and maintained in accordance with the following standards:
(1) 
As a condition of approval of the special permit, open space shall be retained as such, in perpetuity, and not built upon or developed, except as permitted by the Planning Board pursuant to Subsection L(5) below.
(2) 
A minimum of 50% of the total upland area of the development shall be devoted to common open space, except that 60% shall be required where the minimum lot size of the zoning district exceeds one acre. Land set aside for roads, appurtenant drainage systems, and/or parking uses shall not be included in the percentage calculation of open space. The lot, or portion of an open space lot containing a clustered unit wastewater system, may be included in the open space minimum percentage requirement.
(3) 
Open space land shall be designed as a large contiguous lot or lots. Strips or narrow parcels of common open space shall be permitted only when necessary for access or for walking trails, including linkages to adjacent trails. Open space shall be located so as to provide maximum protection to the environmental resources of the site and of adjacent lands. Priority natural resources areas are as follows and shall include but not be limited to the following areas:
(a) 
WP and GP Groundwater Protection Overlay Districts, as shown on the most current Groundwater Protection Overlay District Map, adopted as part of this chapter;
(b) 
Three-hundred-foot buffer zones to freshwater bodies and vernal pools; and two-hundred-foot riverfront buffer areas and vernal pools as defined according to 310 CMR 10.58;
(c) 
Critical and significant habitats as determined from the following sources: Cape Cod Critical Habitats Atlas, APCC, 1990; Cape Cod Wildlife Conservation Project, significant habitat maps, prepared by the Compact of Cape Cod Conservation Trusts Inc.; and any other town or county significant resource habitat maps;
(d) 
FEMA V, A and B Flood Zones as shown on the current National flood Insurance Rate Maps;
(e) 
Wetland and coastal habitats;
(f) 
Private supply wells;
(g) 
Adjacent open space; and historic structures and archeological sites.
(4) 
Open space may also be used to provide a buffer from roadways, to protect steep slopes from development activities, and to preserve a scenic corridor along roadways. The Planning Board in approving an open space residential development shall take into consideration any report from the Planning Department, Conservation Department or Conservation Commission relative to the location and design of the open space lot or lots.
(5) 
Common open space shall be maintained in an open and natural condition, without clearing, predominantly in its present condition, for the protection of natural habitats, except as permitted by the Planning Board as follows:
(a) 
Where the open space is to be owned by corporation or trust of homeowners, a maximum of 10% of the common open space may be developed for common recreational facilities. The location and type of recreational facilities shall be shown on the definitive open space subdivision plan. A minimum setback of 50 feet shall be provided between any common open space structure and adjacent lots.
(b) 
Naturally existing woods, fields, meadows and wetlands should be maintained and improved in accordance with good conservation practices. The Planning Board shall require submission of a maintenance plan where improvements to, or on-going maintenance, would enhance the open space lot or lots.
(c) 
Subject to approval of a management plan by the Planning Board, the following may be permitted: farming, agriculture, horticulture, silviculture, and the harvesting of crops, flowers and hay.
(d) 
The construction and maintenance of fences around the perimeter of the open space.
(e) 
The creation of unpaved walking paths, horseback riding trails or jogging paths for recreational use.
(f) 
The Planning Board may permit utility tie ins across open space, by an easement shown on the subdivision plan. Clearing should be no more than 10 feet in width, and the land promptly restored after installation. The Engineering Division of DPW shall be notified prior to the commencement of any clearance for utilities across open space.
(6) 
In cases where the open space has been environmentally damaged prior to the completion of the development as a result of land clearance, grading, soil removal, excavation, harvesting of trees, refuse disposal, structures, or any other activity deemed inappropriate with the proposed uses of the common open space, the Planning Board may require the developer to restore or improve the condition and appearance of the common open space, and may require the posting of security, in a form and amount to be determined by the Planning Board, to ensure such restoration or improvement.
M. 
Common open space ownership and management.
(1) 
The applicant for approval of an open space residential development special permit shall demonstrate to the Planning Board ownership and control of the open space. The Planning Board may require title insurance to the open space.
(2) 
Upon approval by the Planning Board of the development concept, and subject to acceptance by the Town Council, the common open space shall be conveyed to and owned by one or more of the following entities:
(a) 
A nonprofit corporation, the principle purpose of which is the preservation of open space.
(b) 
A corporation or trust, owned or to be owned, by the owners of lots or residential units within the development. Undivided interest in the open space lot or lots shall pass with the conveyance of each building lot or unit.
(c) 
The Town for conservation purposes, or for a park in areas suitable for such purpose. No open space lot or lots shall be deeded to the Town without acceptance of the land by the Town Council and/or Town Manager, taking into consideration an advisory opinion of the Planning Board, Planning Department, Conservation Commission and/or Conservation Department, local or regional historic district and Historic Commission.
(3) 
In those cases where the common open space is not conveyed to the Town, a restriction enforceable by the Town by Form 1A[3] shall be recorded, provided that such land shall be kept in open and in a natural state and not built upon for residential use or developed for accessory uses such as parking or roadways. The applicant shall provide an agreement empowering the Town to perform maintenance of the common open space in the event of failure to comply with the maintenance program, provided that, if the Town is required to perform any maintenance work, the owners of lots or units within the open space residential development shall pay the cost thereof and that the cost shall constitute a lien upon their properties until said cost has been paid. Form 1A shall be fully executed and recorded with the development permits and approved subdivision plan.
[3]
Editor's Note: Form 1A can be found at the end of Chapter 801, Subdivision Rules and Regulations.
(4) 
In addition to the common open space required herein, the Planning Board may require that a developable lot or lots shall be set aside for the purpose of creating additional open space or recreational areas, pursuant to MGL Ch. 41, § 81U, for a period of not more than three years, during which time no clearing of the land or building shall be erected without approval of the Planning Board. Any such condition of approval shall be endorsed upon the definitive subdivision open space residential development plan.
N. 
Review procedures.
(1) 
Prior to any application for an open space residential development, no land clearance, grading, cuts, fills, excavation, ditching, or utility installations shall occur, except for purposes of soil testing in accordance with all the requirements of the Subdivision Rules and Regulations,[4] on any part of the development site prior to development application submission and approval as provided for herein. Commencement of land clearance or grading of the land for the construction of access or development of lots prior to application may be grounds for denial of the special permit by the Planning Board.
[4]
Editor's Note: See Ch. 801, Subdivision Rules and Regulations.
(2) 
An application for an open space residential development special permit shall be submitted in conformity with the requirements and procedures for submission and review under the Subdivision Rules and Regulations of the Planning Board, and the following additional requirements in Subsection O below.
O. 
Preliminary plan requirements.
(1) 
Applicants shall submit a preliminary plan to the Planning Board and the Board of Health prior to filing a formal special permit application, in order to obtain a consensus regarding the suitability of the open space residential development general design concepts, and to determine allowable density prior to submission of special permit application and definitive subdivision plan. In addition to the materials required for submission of a preliminary plan under the Subdivision Rules and Regulations, the preliminary materials shall include the following:
(a) 
Nine copies of a preliminary grid sketch plan, to demonstrate the number of buildable lots that can be obtained in conformance with the area requirements of the zoning district, and all the requirements of the Subdivision Rules and Regulations. Topographic information may be obtained from Information Technology, GIS unit.
(b) 
Two copies of the following maps for the development site as follows:
[1] 
USDA Natural Resources soil survey, maps and soil descriptions regarding the nature of the soils within the proposed development. The location of all test pit and soil logs shall be shown on the topographic plan, and soil log descriptions submitted to both the Planning Board and Engineering Division of DPW.
[2] 
Cape Cod Critical Habitats Atlas, APCC, 1990; Cape Cod Wildlife Conservation Project, significant habitat maps, prepared by the Compact of Cape Cod Conservation Trusts Inc.; and any other Town or county resource habitat maps; when these documents indicate critical or significant habitats on, or adjacent to the site.
(c) 
Nine copies of the proposed preliminary open space residential development plan showing the location and dimensions of all building lots, the location of open space lot or lots, the location and use of any common facilities or structures, including any proposed clustered unit wastewater system, and/or recreational facilities, the location of all ways and easements, private water supply wells within the site, and public and private water supply wells on adjacent properties, and such other improvements as may be proposed.
(d) 
A description of the proposed uses of the common open space and the preferred form of ownership and maintenance thereof.
(e) 
The Planning Board shall notify all abutters within 300 feet of the perimeter of the subdivision of the date, time and place that the preliminary plan will be considered, in order to receive input on the overall plan design, prior to application for the special permit and definitive plan approval.
(2) 
Within 45 days after the receipt of a complete preliminary plan application as specified herein, the Planning Board shall give its approval, with or without modifications, or shall disapprove the proposal stating its reasons. The Town Clerk shall be notified in writing of such action. Preliminary approval for an open space residential development shall be valid for a period of six months.
P. 
Definitive application.
(1) 
Applicants for a special permit for open space residential development shall, at the time of filing the application, submit a definitive subdivision open space residential development plan in conformity with § 240-17 herein, and the Subdivision Rules and Regulations of the Planning Board.[5] The plan shall be derived from the approved preliminary concept plan required above. In addition to the materials required for submission of a definitive subdivision plan, the applicant shall submit documents signed by all owners and applicants as follows: deed of open space lot or lots to the Town, to a corporation, trust of homeowners, or to a nonprofit conservation organization; the corporation or trust documents; and Form 1A where applicable.[6]
[5]
Editor's Note: See Ch. 801, Subdivision Rules and Regulations.
[6]
Editor's Note: Form 1A is included at the end of Ch. 801, Subdivision Rules and Regulations.
(2) 
The definitive development plan shall show the location of a cluster unit wastewater system or recreational facilities, if any.
(3) 
The definitive plan shall indicate the limit of clearing along roadways, within both building lots and the open space lot or lots, and around any commonly owned facilities.
(4) 
A maintenance plan for the open space lot or lots shall be submitted where required.
(5) 
A note shall appear on the plan to the effect that "No lot as shown on this plan and approved in accordance with the open space residential development provisions of the Zoning Ordinance of the Town of Barnstable shall be further divided."
(6) 
Upon receipt of an open space residential development application, the Planning Board shall proceed as with applications for special permits under MGL Ch. 40A. Hearings on an application for a special permit under this section shall be held simultaneously with definitive subdivision plan review hearings.
Q. 
Approved open space residential developments.
(1) 
Within 30 days of the Planning Board's endorsement of approval of the subdivision plan, the applicant shall record the plan, together with the following documents: the decision of the Planning Board; the deed of open space to the Town, or to a trust or corporation, or to a nonprofit conservation organization; Form 1A; the trust or corporation documents; as well as development agreements and covenants required under the Subdivision Rules and Regulations. Failure to comply with this provision shall result in the Planning Board approval being considered null and void. Upon application to the Planning Board, the Board may extend the thirty-day recordation period for good cause.
(2) 
Period of validity: The provisions of § 240-125C(3) shall apply.
[Amended 5-7-2009 by Order No. 2009-077]
(3) 
A request to modify the open space residential development subdivision plan requiring a change in the configuration of the open space, or the road right-of-way shall require a duly noticed public hearing and notification of all parties in interest, pursuant to MGL Ch. 40A, § 15. The Planning Board shall decide whether or not the addition of recreational facilities or a change in location of such facilities shall constitute a modification of the approved plan. If lots have been conveyed out on an individual basis, the applicant for a modification of the special permit and/or installation of recreational facilities shall provide the Planning Board with evidence of the power to act upon the behalf of the corporation or trust of owners of the open space.
R. 
An application for endorsement of approval-not-required plans to adjust lot lines between abutting lot owners, not involving open space lot lines or road right-of-way lines, shall not be considered a modification of the subdivision, or require notice to owners or abutters, provided that such plan and building locations comply with all the requirements of § 240-17 herein.
[Added 11-18-2004 by Order No. 2004-114]
A. 
Purpose. The purpose of this section is to authorize by special permit privately initiated affordable housing by for-profit or not-for-profit organizations that:
(1) 
Provide for residential development in a manner that is consistent with existing neighborhood development in terms of density and housing types; and
(2) 
Authorize an increase in the permissible density of housing in a proposed development, provided that the applicant shall, as a condition for the grant of said special permit, provide housing for persons of low or moderate income.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
AFFORDABLE UNIT
A dwelling unit reserved in perpetuity for ownership by a household earning less than 80% of area median family income, and priced to conform with the standards of the Massachusetts Department of Housing and Community Development (DHCD) for ownership units set forth in 760 CMR 45.03(4), in order that such affordable units shall be included in the DHCD Subsidized Housing Inventory.
APPLICANT
The person or persons, including a corporation or other legal entity, who applies for issuance of a special permit for construction of a private-initiated affordable housing development (PI-AHD) hereunder. The applicant must own, or be the beneficial owner of, all the land included in the proposed PI-AHD, or have authority from the owner(s) to act for the owner(s) or hold an option or contract duly executed by the owner(s) and the applicant giving the latter the right to acquire the land to be included in the site.
BEDROOM
A separate room within a dwelling unit intended for, or which customarily could be used for, sleeping.
PRIVATE INITIATED AFFORDABLE HOUSING DEVELOPMENT (PI-AHD)
A development of single-family residential dwellings (detached), including required affordable units, and permissible accessory structures on seven acres or more authorized by special permit from the Planning Board as set forth herein.
C. 
Application.
(1) 
An application for a special permit for a PI-AHD shall be submitted to the Planning Board on forms furnished by the Planning Board, accompanied by the following:
(a) 
Information pertaining to any association which the applicant proposes to form for the private management of the PI-AHD.
(b) 
Copies of all proposed documents as required for the subdivision, including architectural rendering and layouts of proposed homes to be built and landscaping plans.
(c) 
Copies of proposed deed restrictions and monitoring agreements, drafted consistent with all requirements of 760 CMR 45 Local Initiative Program (LIP), and guidelines promulgated thereunder assuring the affordable units remain affordable in perpetuity, and assuring the resale of affordable units at the restricted price, and providing a right of first refusal in favor of the Town.
(2) 
Copies of the application and accompanying materials shall be transmitted forthwith to the Barnstable Housing Committee for review and comment. Said Committee shall have 45 days after receipt thereof to make written recommendations to the Planning Board. Failure to make such written recommendation shall be deemed a lack of opposition thereto.
D. 
Standards. In order to be eligible for consideration for a special permit, the proposed PI-AHD shall meet all of the following standards:
(1) 
Qualifying area. The site shall be located entirely within the RC-1 Zoning District and shall contain at least seven contiguous upland acres.
(2) 
Compliance with applicable regulations and standards. All plans and development shall comply with all applicable standards of the Planning Board's Subdivision Rules and Regulations, including such waivers as may be granted by the Planning Board.[1]
[1]
Editor's Note: See Ch. 801, Subdivision Regulations.
(3) 
Wastewater. All dwellings within the PI-AHD shall be connected to the municipal wastewater treatment facility.
(4) 
Lot shape factor. The numerical lot shape factor as required in § 240-7D of the Zoning Ordinance shall not apply. However no panhandled lot shall be created to a depth greater than two lots from the principal way.
(5) 
Bulk regulations. For all lots and building within the PI-AHD, the following bulk regulations shall apply:
Minimum Yard Setbacks
(feet)
Minimum
Lot Area
Minimum Lot Frontage
Minimum Lot Width
Maximum Building Height
(square feet)
(feet)
(feet)
Front
Side
Rear
(feet)
10,000
50; 20 for a lot on the radius of a cul-de-sac
65 (1)
15(3)
10(4)
20(4)
30(5)
Notes:
(1)
The Planning Board may grant a waiver to the lot width requirement to individual lots located on the radius of a cul-de-sac, provided that the grant of the waiver will result in a proper alignment of the home to the street.
(2)
Accessory structures that require a building permit shall be required to conform to all setback requirements.
(3)
Accessory garages, whether attached or detached, shall require a minimum front yard setback of 20 feet.
(4)
The Planning Board may require a planted buffer area within any required rear or side yard setback area.
(5)
Or 2 1/2 stories, whichever is less.
(6) 
Parking. A minimum of two on-site parking spaces per dwelling unit shall be provided. A one-car garage shall count as one parking space. A two-car garage shall count as two parking spaces.
(7) 
Phasing. The applicant, as part of the application for subdivision approval, may propose a phasing plan identifying the number of building permits requested to be issued in each year of the phasing plan. The Planning Board, upon a finding of good cause, may vary the provisions of § 240-114A and B and § 240-115B(1) through (3) herein and allow for the allocation to the applicant of the number of building permits proposed in the phasing plan or any different number that the Planning Board deems appropriate, provided that, at the time of the granting of the special permit, the determined number of building permits are available and that no more than 1/4 of each year's allocation under § 240-114A and B shall be allocated to the applicant. Every permit allocated to the applicant by the Planning Board shall be included as part of the yearly building permit allocations under § 240-114A and B. There shall be no extension of a building permit granted under a phasing plan, and any unused and/or expired permits shall be credited back as part of the adjustments under § 240-114D for the next calendar year.
(8) 
Visitability. The Planning Board may require that some or all of the dwelling units provide access for visitors in accordance with the recommendations of the Barnstable Housing Committee.
E. 
Affordable units. At least 20% of the dwelling units shall be affordable units, subject to the following conditions:
(1) 
The affordable unit shall be affordable in perpetuity. A deed rider shall assure this condition. The deed rider shall be structured to survive any and all foreclosures.
(2) 
The continuing enforcement of the deed rider through subsequent resale of the affordable units shall be the subject of a monitoring agreement.
(3) 
The deed rider and the monitoring agreement shall be drafted in compliance with 760 CMR 45.00 Local Initiative Program (LIP) and guidelines promulgated thereunder. The deed rider and the monitoring agreement shall be subject to review and approval by the Planning Board and approved as to form by the Town Attorney's office prior to the issuance of a certificate of occupancy for any dwelling unit.
(4) 
The affordable unit shall conform to the standards of the Department of Housing and Community Development (DHCD) for inclusion in the DHCD Subsidized Housing Inventory.
(5) 
A right of first refusal upon the transfer of such affordable units shall be granted to the Town or its designee for a period not less than 120 days after notice thereof.
(6) 
The affordable units shall not be segregated within the PI-AHD. The affordable units shall satisfy the design and construction standards and guidelines of the Local Initiative Program, 760 CMR 45.00, with regard to distinguishability from market rate units. It is the intent of this section that the affordable units shall be eligible for inclusion in the DHCD Subsidized Housing Inventory as LIP units.
(7) 
The affordable units shall be constructed and occupancy permits issued at the rate of one affordable unit for every four market rate units.
(8) 
In computing the number of required affordable units, any fraction of a unit shall be rounded up, and the result shall be the number of affordable units to be built within the PI-AHD and not off site.
(9) 
No special permit shall be granted unless the affordable dwelling units have been approved by the DHCD as eligible for the Affordable Housing Inventory under 760 CMR 45.00, the LIP Program.
F. 
Decision. The Planning Board may grant a special permit for a PI-AHD where it makes the following findings:
(1) 
The proposed PI-AHD complies with all applicable Subdivision Rules and Regulations, the Zoning Ordinance and the requirements of this section except as they may be waived by the Board;
(2) 
The proposed PI-AHD provides affordable units consistent with the requirements set forth herein;
(3) 
The proposed PI-AHD does not cause substantial detriment to the neighborhood.
G. 
Relation to other requirements. The submittals and special permit required herein shall be in addition to any other requirements of the Subdivision Control Law or any other provisions of this Zoning Ordinance.
[1]
Editor's Note: Former § 240-18, PR Professional Residential District, as amended, was repealed 7-14-2005 by Order No. 2005-100.
[1]
Editor's Note: Former § 240-19, OR Office Residential District, as amended, was repealed 7-14-2005 by Order No. 2005-100.
A. 
Purpose and intent. The purposes and intent of this section is to guide development and redevelopment in West Barnstable Village Business District so that it:
(1) 
Promotes a location-appropriate scale and traditional mix of business, institutional and residential land uses that contribute to and respect the historic character and historic neighborhood development patterns.
(2) 
Acknowledges the historic context of the village and preserves or enhances historic buildings or other historic resources.
(3) 
Protects and preserves the historic and scenic streetscape.
(4) 
Provides a variety of functions that support residents' day-to-day use of the district.
(5) 
Supports and enhances the diverse local economy and retains established village goods and service offerings.
(6) 
Preserves and protects the traditional New England village character of West Barnstable through architectural design that replicates in scale and character the best examples of traditional neighborhood design from the historic towns and villages of Cape Cod and New England to enhance the aesthetic quality of Barnstable as a whole.
(7) 
Conforms with the Old Kings Highway Regional Historic District Act.
(8) 
Is consistent with the Barnstable Comprehensive Plan and the West Barnstable Village Plan.
B. 
The following uses are permitted in the WBVBD, provided that no operation shall result in the treatment, generation, storage or disposal of hazardous materials, except as follows: household quantities; waste oil retention facilities for small-scale retailers of motor oil required and operated in compliance with MGL c. 21 § 52A; oil on site for heating of a structure or to supply an emergency generator.
(1) 
Principal permitted uses.
(a) 
Single-family residential dwelling. A single-family residential dwelling may be freestanding or attached to a building also used for nonresidential uses. More than one single-family residential dwelling per lot is permitted as long as there is a minimum of one acre per single-family dwelling, but in no case will more than one principal permitted single-family residential dwelling be contained in any one building.
(b) 
Small-scale retail store.
(c) 
Professional, business or medical office.
(d) 
Office of a bank, credit union, savings and loan or other financial institution.
(2) 
Accessory uses. The following uses are permitted as accessory uses in the WBVBD:
(a) 
Bed-and-breakfast operation within an owner-occupied single-family residential structure, subject to the provisions of § 240-11C(6) except Subsection C(6)(b)[1] and [2]. No more than three total rooms shall be rented to not more than six total guests at any one time in the WBVBD. No special permit shall be required in the WBVBD. For the purposes of this section, children under the age of 12 years shall not be considered in the total number of guests.
(b) 
Automated banking facilities (ATM) shall be located within a principal building and shall not be accessed from the exterior of the building.
(c) 
Accessory apartments as provided for in the Town of Barnstable Code, Chapter 9, Affordable Housing, Article II, Accessory Apartments and Apartment Units.
(3) 
Special permit uses. The following uses are permitted, provided that a special permit is first obtained from the Special Permit Granting Authority(SPGA) subject to the provisions of § 240-125C herein and subject to the specific standards for such uses as required in this section:
(a) 
Artisans and craftspeople.
(b) 
Personal service business.
(c) 
Windmills and other devices for the conversion of wind energy to electrical or mechanical energy subject to the provisions of § 240-44.1.
(4) 
Special permit performance standards. In addition to the standards for the grant of a special permit set forth in § 240-125C, the grant of any special permit within the WBVBD requires findings to support that the development meets the following criteria:
(a) 
Is compatible with and supports the purpose and intent of this section.
(b) 
Mitigates impacts to safety and congestion from development.
(c) 
Protects and preserves water supply for both drinking water and fire protection.
(d) 
Stormwater shall be contained on site and mitigated using best management practices.
(e) 
Manages waste, by-products and other debris that may be associated with artisan and craft use in a manner compatible with abutting or nearby residential uses.
(f) 
Does not generate noise, vibration, smoke, dust or other particulate matter, odors, heat, glare or intrude with similar nuisance on abutting or nearby residential uses.
(g) 
Storage of all raw material and finished product associated with artisan or craft use shall be stored within a duly permitted permanent structure. All outdoor storage associated with artisan or craft use is prohibited.
(h) 
Deliveries may take place not sooner than one hour before, or later than one hour after the permitted operating hours of a business.
(i) 
Vehicles are prohibited from running motors, refrigeration units or other mechanical units outside of permitted hours of operation.
(5) 
Bulk regulations.
Minimum Yard Setbacks
Minimum Lot Area
(square feet)
Minimum Lot Frontage
(feet)
Minimum Lot Width
(feet)
Front3
(feet)
Side
(feet)
Rear
(feet)
Maximum Building Height
(feet)
Maximum Lot Coverage as % of Lot Area
43,560
160
30
30
30
301
102
NOTES:
1 Or two stories, whichever is lesser
2 No more than 33% of the total upland area of any lot shall be made impervious by the installation of buildings, structures and paved surfaces.
3 Front yard landscaped setback from the road lot line: 20 feet. Existing trees and shrubs shall be retained within the road right-of-way and within the required front yard landscaped setback and supplemented with other landscape materials, in accordance with accepted landscape practices. Where natural vegetation cannot be retained, the front yard landscaped setback shall be landscaped with a combination of grasses, trees and shrubs commonly found on Cape Cod. A minimum of one street tree with a minimum caliper of three inches shall be provided per 30 feet of road frontage distributed throughout the front yard setback area. No plantings shall obscure site at entrance and exit drives and road intersections. All landscaped areas shall be continuously maintained, substantially in accordance with any site plan approved pursuant to Article IX herein.
(6) 
Nonconforming use limitations. Within the WBVBD the change of a nonconforming use to another nonconforming use is prohibited notwithstanding the provisions of § 240-94A. A nonconforming use shall only be permitted to change to a principal permitted use as of right or to a special permit use as provided for by the grant of a special permit pursuant to § 240-20B(3) and (4) herein.
(7) 
Corporate branding. Buildings, colors, signage, architectural features, text, symbols, graphics, other attention-getting devices and landscape elements that are trademarked, branded or designed to identify with a particular formula business chain or corporation are prohibited. All structures and sites shall be designed to include architectural and design elements that are consistent with the WBVBD architectural composition, character, and historic context. Interior corporate branding elements shall not be visible to the street through windows, doors or by any other means. The Town will work with applicants to adapt critical functional features of prototype plans to their sites, but will not accept standard plans, building forms, elevations, materials, or colors that do not relate to the site, adjacent development or West Barnstable community character.
(8) 
Site development standards. In addition to Article IX, Site Plan Review, and Article VI, Off-Street Parking, the following additional requirements shall apply within the WBVBD.
(a) 
Loading docks. Loading docks shall be screened from Meetinghouse Way (Route 149), Main Street (Route 6A), Lombard Avenue, Navigation Road, Packet Landing Road and Whitecap Lane with landscaping or fencing materials of an appropriate scale.
(b) 
To the greatest extent feasible, all new parking areas shall be located to the side and rear of the building. Parking is not permitted in the required front yard setback with the exception of parking required by ADA compliance as determined by the Building Commissioner.
(c) 
Curb cuts and driveways.
[1] 
Shared driveways and parking area interconnections are strongly encouraged. No more than one curb cut on Meetinghouse Way (Route 149, Main Street (Route 6A), Lombard Avenue, Packet Landing Road, Navigation Road and Whitecap Lane shall be allowed for any lot. For traffic safety and to reduce traffic congestion, no new driveways shall be permitted on Route 149, Route 6A, Lombard Avenue and Whitecap Lane within 200 feet of any intersection.
[2] 
Driveways shall not exceed the width required by site plan review.
(d) 
Lighting. In no case shall exterior or outdoor lighting cause glare that impacts motorists, pedestrians or neighboring premises.
[1] 
All exterior lighting shall use full cutoff light fixtures in which no more than 2.5% of the total output is emitted at 90° from the vertical pole or building wall on which it is mounted.
[2] 
Up-lighting is prohibited.
(9) 
Definitions. The following terms are defined in the WBVBD and shall not be construed to apply to other regulations.
ARTISAN OR CRAFTSPERSON USE
A small-scale use that typically employs one or two people who practice craft or artisan activities. A key feature of works produced by artisans or craftspeople is the high degree of manual expertise involved. The use must be compatible with abutting and nearby residential and nonresidential uses. The following is included in the definition of "artisan or craftsperson use:"
(a) 
A person using manual skills to produce, in limited quantities, ornamental or functional works in ceramic, glass, metal, paper, wood or textiles. Examples include, without limitation, the following: drawing, painting, sculpture, pottery, photography, graphic design, interior design, fashion design, jewelry making, wood turning, glass blowing, furniture making, small wooden boat building, upholstering and weaving.
PERSONAL SERVICE
Establishments engaged in the provision of services, but not goods, of a personal nature to individuals and households. Such establishments include barbershop, beauty salon, clothing repair or seamstress shop, shoe repair shop, florist and day spas. Personal service establishments that are not commonly found in rural village environments such as check cashing services, fortune tellers, psychics, palm readers and similar services, spas and hot tubs for rent, tanning, piercing and similar services are prohibited.
SMALL-SCALE RETAIL STORE
Small stores and businesses, including but not limited to, corner groceries, bookstore, galleries and other small retail uses typically found in small New England towns. Small-scale retail does not include retail or commercial buildings or storage designed to serve a large volume of customers, e.g. gasoline and oil filling stations, garages for automotive repair. Small-scale retail is subject to corporate branding limitations as described herein and shall not include drive-through window service.
[1]
Editor's Note: Former § 240-20, O-1, O-2 and O-3 Office Districts, as amended, was repealed 7-14-2005 by Order No. 2005-100.
[Amended 2-20-1997; 3-11-1999 by Order No. 99-056]
A. 
Principal permitted uses. The following uses are permitted in the B, BA and UB Districts:
(1) 
Retail and wholesale store/salesroom.
(2) 
Retail trade service or shop.
(3) 
Office and bank.
(4) 
Restaurant and other food establishment.
(5) 
Place of business of baker, barber, blacksmith, builder, carpenter, caterer, clothes cleaner or presser, confectioner, contractor, decorator, dressmaker, dyer, electrician, florist, furrier, hairdresser, hand laundry, manicurist, mason, milliner, news dealer, optician, painter, paper hanger, photographer, plumber, printer, publisher, roofer, shoemaker, shoe repairer, shoe shiner, tailor, tinsmith, telephone exchange, telegraph office, undertaker, upholsterer, wheelwright.
(6) 
Gasoline and oil filling stations and garages.
(7) 
Hotel/motel subject to the provisions of Subsection F herein, except that hotels/motels shall be prohibited in the BA District and prohibited in the Osterville UB District.
(8) 
Any other ordinary business use of a similar nature.
(9) 
Multifamily dwellings (apartments) subject to the provisions of Subsection A(9)(a) through (i) herein, except that multifamily dwellings shall be prohibited in the BA District.
[Amended 7-14-2005 by Order No. 2005-100]
(a) 
The minimum lot area ratio shall be 5,000 square feet of lot area per each apartment unit for new multifamily structures and conversions of existing buildings.
(b) 
The maximum lot coverage shall be 20% of the gross upland area of the lot or combination of lots.
(c) 
The maximum height of a multifamily dwelling shall not exceed three stories or 35 feet, whichever is lesser.
(d) 
The minimum front yard setback shall be 50 feet or three times the building height, whichever is greater.
(e) 
The minimum side and rear yard setbacks shall be not less than the height of the building.
(f) 
A perimeter green space of not less than 20 feet in width shall be provided, such space to be planted and maintained as green area and to be broken only in a front yard by a driveway.
(g) 
Off-street parking shall be provided on site at a ratio of 1.5 spaces per each apartment unit and shall be located not less than 30 feet from the base of the multifamily dwelling and be easily accessible from a driveway on the site.
(h) 
No living units shall be constructed or used below ground level.
(i) 
The Zoning Board of Appeals may allow by special permit a maximum lot coverage of up to 50% of the gross area of the lot or combination of lots.
(j) 
Multifamily dwellings (apartments) for active adult or assisted living located in the IND District, where the project includes a total project land area of 24 acres or more and is subject to a Senior Continuing Care Retirement Community Overlay District (SCCRCOD) (§ 240-29), the following regulations shall apply in lieu of all other bulk and dimensional, parking, landscaping, screening, and setbacks as may otherwise be applicable, and which shall apply to the entire project land area as if it were one lot, even though it may be composed of more than one lot, which lots may be separated by a street or way:
[Added 5-19-2016 by Order No. 2016-146]
[1] 
Minimum total project land area of 24 acres, including therein any streets or ways.
[2] 
Minimum project land area ratio shall be 3,000 square feet of project land area per each dwelling unit.
[3] 
Maximum building height shall be 60 feet/five stories.
[4] 
Minimum front yard setback: 30 feet.
[5] 
Landscape buffers (driveways, signage, lighting and walkways excepted):
[a] 
Front yard: 20 feet.
[b] 
Side and rear yard: 10 feet.
[6] 
Parking.
[a] 
For active adult dwelling units, off-street parking shall be provided at a ratio of 0.75 resident space per dwelling unit, 0.5 guest space per dwelling unit, and 0.75 employee space per five dwelling units;
[b] 
For assisted living dwelling units, off-street parking shall be provided at a ratio of 0.5 resident space per dwelling unit, 0.5 guest space per dwelling unit, and 0.75 employee space per five dwelling units.
[7] 
To the extent a project developed pursuant to this § 240-21A(9)(j) is also subject to the Groundwater Protection Overlay District regulations set forth in § 240-35, the lot coverage and site clearing requirements of such § 240-35 shall be calculated using the entire project land area as described in this section. All allowed impervious area may be located on an individual lot within the project land area, provided the impervious area requirements are met over the entire project land area.
(10) 
Single-family residential structure (detached), except that single-family residential structures shall not be permitted in the B District.
B. 
Accessory uses.
(1) 
Bed-and-breakfast operation within an owner-occupied single-family residential structure, subject to the provisions of § 240-11C(6) except Subsections (b)[1] and [2]. No more than six total rooms shall be rented to not more than 12 total guests at any one time, and no special permit shall be required. For the purposes of this section, children under the age of 12 years shall not be considered in the total number of guests. Bed-and-breakfast operations shall not be permitted in the B District.
C. 
Conditional uses. The following uses are permitted as conditional uses in the B, BA and UB Districts, provided that a special permit is first obtained from the Zoning Board of Appeals subject to the provisions of § 240-125C herein and the specific standards for such conditional uses as required in this section:
(1) 
Storage yards for coal, oil, junk, lumber or any business requiring use of a railroad siding; such uses being provided for in the B District only.
(2) 
A building or place for recreation or amusement but not to include a use which is principally the operation of coin-operated amusement devices; such uses being provided for in the B District only.
(3) 
Any manufacturing use; such uses being provided for in the B District only.
(4) 
Windmills and other devices for the conversion of wind energy to electrical or mechanical energy, but only as an accessory use.
(5) 
Public or private regulation golf courses subject to the provisions of § 240-11C(2) herein.
D. 
Special permit uses. (Reserved for future use.)
E. 
Bulk regulations.
Minimum Yard Setbacks
Zoning Districts
Minimum Lot Area
(square feet)
Minimum Lot Frontage
(feet)
Minimum Lot Width
(feet)
Front
(feet)
Side
(feet)
Rear
(feet)
Maximum Building Height
(feet)
Maximum Lot Coverage as % of Lot Area
B
20
201
303
BA
20
20
303
35
UB
20
202
02
02
303
35
NOTES:
1
One hundred feet along Routes 28 and 132.
2
Fifty feet when abutting a residentially zoned area.
3
Or two stories, whichever is lesser.
Front yard landscaped setback from the road lot line:
B Business District: 10 feet, except 50 feet along Attucks Lane Extension and Independence Drive.
BA District: 10 feet.
UB District: 10 feet.
Existing trees and shrubs shall be retained within the road right-of-way and within the required front yard landscaped setback and supplemented with other landscape materials, in accordance with accepted landscape practices. Where natural vegetation cannot be retained, the front yard landscaped setback shall be landscaped with a combination of grasses, trees and shrubs commonly found on Cape Cod. A minimum of one street tree with a minimum caliper of three inches shall be provided per 30 feet of road frontage distributed throughout the front yard setback area. No plantings shall obscure site at entrance and exit drives and road intersections. All landscaped areas shall be continuously maintained, substantially in accordance with any site plan approved pursuant to Article IX herein
F. 
Special hotel/motel provisions. In addition to the provisions of Subsection E, hotels and motels shall be developed only in conformance with the following:
(1) 
The minimum lot area ratio shall be 2,500 square feet of lot area per each of the first 10 hotel/motel units, and an additional 250 square feet of lot area per each unit in excess of 10.
(2) 
The minimum lot frontage shall be 125 feet.
(3) 
The maximum lot coverage for all buildings shall not exceed 30% of the gross land area.
(4) 
In addition to the parking requirements of § 240-54 herein, there shall be two additional off-street parking spaces provided per each 10 hotel/motel units or fraction thereof.
(5) 
The minimum front yard setback shall be 30 feet.
(6) 
The minimum total side yard setback shall be 30 feet; provided, however, that no allocation of such total results in a setback of less than 10 feet.
(7) 
The minimum rear yard setback shall be 20 feet.
(8) 
No other uses shall be permitted within the required yard setbacks, except driveways in a required front yard. All yard areas shall be appropriately landscaped and adequately maintained.
(9) 
A site plan for each development or addition shall be submitted to the Building Commissioner along with the request for a building permit. The site plan shall include, but not be limited to, all existing and proposed buildings, structures, parking, driveways, service areas and other open uses, all drainage facilities and all landscape features such as fences, walls, planting areas and walks on the site.
[1]
Editor's Note: Former § 240-22, BL-B Business District, as amended, was repealed 7-14-2005 by Order No. 2005-100.
A. 
Principal permitted uses. The following uses are permitted in the MB-A1, MB-A2 and MB-B Districts:
(1) 
Commercial marina to include the berthing, building, sale, rental, storage and repair of boats, including the storage of boats on racks within the MB-A1 and MB-A2 Business Districts, subject to the provisions of Subsection A(6) below, and the installation and maintenance of docks, piers, ramps, floats and moorings.
(2) 
Retail sale of marine fishing and boating supplies, marine electronics, marine motors and marine communication equipment.
(3) 
Retail sale of fishing bait, fish and shellfish, such uses being provided for in the MB-B District only.
(4) 
Commercial fishing, not including commercial canning or processing of fish; such use being provided for in the MB-B District only.
(5) 
Whale-watching facility, such use being provided for in the MB-B District only.
(6) 
Storage of boats on racks within the MB-A1 Business District subject to the following provisions:
(a) 
There shall be no more than 30 boats stored on racks for seasonal use (June 15 through Sept. 15);
(b) 
There shall be no launching or hauling of boats stored on racks for seasonal use before 8:00 a.m. or after 6:00 p.m.;
(c) 
There shall be unlimited year-round rack storage of boats that are not stored for seasonal use; and
(d) 
Any process by which seasonally used boats are launched and hauled, such as but not limited to by forklift or crane, shall be undertaken in a manner in which to minimize noise.
(7) 
Craft boat building, including the berthing, sale, rental, storage and repair of boats, including the storage of boats on racks within the MB-A1 and MB-A2 Business Districts, subject to the provisions of Subsection A(6) and the installation and maintenance of docks, piers, ramps, floats, and moorings.
[Added 6-1-2017 by Order No. 2017-102]
B. 
Accessory uses. The following uses are permitted as accessory uses to principal permitted use, Subsection A(1), Commercial marina, above.
(1) 
Retail sale of fuel to marine vessels only.
(2) 
Not more than one apartment for occupancy by the marina owner or by staff employed at the marina.
C. 
Conditional uses. The following uses are permitted as conditional uses in the MB-A1 and MB-A2 and MB-B Districts, provided that a special permit is first obtained from the Zoning Board of Appeals subject to the provisions of § 240-125C herein and subject to the specific standards for such conditional uses as required in this section:
(1) 
Restaurant, such use being provided for in the MB-B District only.
(2) 
Windmills and other devices for the conversion of wind energy to electrical or mechanical energy, but only as an accessory use.
D. 
Special permit uses.
(1) 
In the MB-A1 and MB-A2 Districts only, the retail sale of marine-related equipment, sporting-goods-type clothing, marine-related decorative goods and furnishings, as an accessory use to principal permitted use, Subsection A(1) above only
E. 
The following use limitations shall apply within the MB-B only:
[Added 3-18-2010 by Order No. 2010-068[1]]
(1) 
Use limitations: A permitted retail establishment, lodging establishment, restaurant, or take-out food establishment shall not include a business which is required by contractual or other arrangement to maintain one or more of the following items: standardized ("formula") array of services and/or merchandise, trademark, logo, service mark, symbol, decor, architecture, layout, uniform, or similar standardized features and which causes it to be substantially identical to more than eight other businesses regardless of ownership or location. Drive-up windows and/or drive-through facilities are prohibited.
(2) 
Corporate branding prohibition: Buildings, colors, signage, architectural features, text, symbols, graphics, other attention-getting devices and landscape elements that are trademarked, branded or designed to identify with a particular formula business chain or corporation are prohibited. Interior corporate branding elements shall not be visible to the street through windows, doors or any other means.
[Amended 9-8-2011by Order No. 2011-138]
[1]
Editor's Note: This order also redesignated former Subsection E as Subsection G.
F. 
(Reserved)
G. 
Bulk regulations.
[Amended 3-11-1999 by Order No. 99-058; 7-19-2001 by Order No. 2001-099; 6-1-2017 by Order No. 2017-102]
Minimum Yard Setbacks
(feet)
Zoning District
Minimum Lot Area
(square feet)
Minimum Lot Frontage
(feet)
Minimum Lot Width
(feet)
Front
Side
Rear
Maximum Building Height
(feet)
Maximum Lot Coverage as % of Lot Area
MB-A1
MB-A2
10,000
20
301
MB-B
7,500
20
75
10
302
30
301
1
Or two stories, whichever is lesser
2
The minimum total side yard setback shall be 30 feet, provided that no allocation of such total results in a setback of less than 10 feet, except abutting a residential district, where a minimum of 20 feet is required.
NOTE:
A.
Front yard landscaped setback from the road lot line:
MB-A1 and MB-A2 Business District: 10 feet.
MB-B Business District: 10 feet.
B.
Side/rear yard landscaped setback from residential lot lines:
MB-A1 Business District: 50 feet.
C.
Existing trees and shrubs shall be retained within the road right-of-way and within the required landscaped setbacks and supplemented with other landscape materials, in accordance with accepted landscape practices. Where natural vegetation cannot be retained, the landscaped setback shall be landscaped with a combination of grasses, trees and shrubs commonly found on Cape Cod. A minimum of one street tree with a minimum caliper of three inches shall be provided per 30 feet of road frontage distributed throughout the front yard setback area. No plantings shall obscure site at entrance and exit drives and road intersections. All landscape areas shall be continuously maintained, substantially in accordance with any site plan approved pursuant to Article IX herein.
[Amended 11-7-1987 by Art. 5; 10-4-1990 by Order No. 90-68; 2-20-1997; 1-7-1999; 3-11-1999 by Order No. 99-058]
A. 
Principal permitted uses. The following uses are permitted in Subsections (1) through (5) below in the VB-A:
[Amended 9-8-2011 by Order No. 2011-138]
(1) 
Single-family residential dwelling (detached).
(2) 
Retail store.
(3) 
Professional or business office.
(4) 
Branch office of a bank, credit union, or savings and loan institution.
(5) 
Personal service business.
B. 
Accessory uses. The following uses are permitted as accessory uses in the VB-A District:
(1) 
Apartments, provided they are:
(a) 
Accessory to uses listed in Subsection A(2) through (5) herein; and
(b) 
Located above the first floor only; and
(c) 
Comply with the standards of § 240-19A(10)(a) through (h) herein.
(2) 
Bed-and-breakfast operation within an owner-occupied single-family residential structure, subject to the provisions of § 240-11C(6) except Subsections (b)[1] and [2]. No more than six total rooms shall be rented to no more than 12 total guests at any one time in the VB-A Business District. No special permit shall be required in the VB-A Business District. For the purposes of this section, children under the age of 12 years shall not be considered in the total number of guests.
[Amended 9-8-2011 by Order No. 2011-138]
C. 
Conditional uses. The following uses are permitted as conditional uses in the VB-A District, provided that a special permit is first obtained from the Zoning Board of Appeals subject to the provisions of § 240-125C herein and subject to the specific standards for such conditional uses as required in this section:
(1) 
Restaurant or other food-service establishment, but not including drive-in restaurants.
(2) 
Gasoline and oil filling stations subject to the following:
(a) 
There shall be no sale of vehicles on the same premises; and
(b) 
There shall be no storage of vehicles on the premises.
(3) 
Auto service and repair shops subject to the following:
(a) 
Such use shall be limited to two service/repair bays; and
(b) 
There shall be no sale of vehicles on the same premises; and
(c) 
Any outside storage of vehicles shall be screened from view to a height of six feet; and
(d) 
Any stored vehicles shall bear a current vehicle registration.
(4) 
Windmills and other devices for the conversion of wind energy to electrical or mechanical energy, subject to the following:
(a) 
Such use remains accessory to a principal use permitted in Subsection A herein; and
(b) 
A building permit shall be obtained prior to commencement of construction of such use.
(5) 
Place of business of blacksmith, decorator, upholsterer or undertaker.
(6) 
Telephone exchange.
(7) 
Place of business of building trades subject to the following:
(a) 
Not more than three full-time employees shall be on the premises at any time; and
(b) 
Any outside parking of commercial vehicles or equipment shall be screened from view to a height of six feet; and
(c) 
Any outside storage of materials or supplies shall be screened from view to a height of six feet, and shall be stored to a height not exceeding six feet.
(8) 
Light manufacturing uses subject to the following:
(a) 
The building housing such use shall not exceed 2,000 square feet of gross floor area; and
(b) 
The screening standards of Subsection C(7)(b) and (c) herein.
(9) 
Storage yard for coal, oil, lumber, or other business dependent on using a railroad siding subject to the following:
(a) 
The screening standards of Subsection C(7)(b) and (c) herein.
D. 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection D, Conditional uses, was repealed 9-8-2011 by Order No. 2011-138.
E. 
The following use limitations shall apply within the Barnstable Village VB-A only:
[Added 3-18-2010 by Order No. 2010-068]
(1) 
Use limitations: A permitted retail establishment, lodging establishment, restaurant, or take-out food establishment shall not include a business which is required by contractual or other arrangement to maintain one or more of the following items: standardized ("formula") array of services and/or merchandise, trademark, logo, service mark, symbol, decor, architecture, layout, uniform, or similar standardized features and which causes it to be substantially identical to more than eight other businesses regardless of ownership or location. Drive-up windows and/or drive-through facilities are prohibited.
(2) 
Corporate branding prohibition: Buildings, colors, signage, architectural features, text, symbols, graphics, other attention-getting devices and landscape elements that are trademarked, branded or designed to identify with a particular formula business chain or corporation are prohibited. Interior corporate branding elements shall not be visible to the street through windows, doors or any other means.
[Amended 9-8-2011 by Order No. 2011-138]
F. 
Bulk regulations.
[Amended 9-8-2011 by Order No. 2011-138]
Minimum Yard Setbacks
Zoning Districts
Minimum Lot Area
(square feet)
Minimum Lot Frontage
(feet)
Minimum Lot Width
(feet)
Front
(feet)
Side
(feet)
Rear
(feet)
Maximum Building Height
(feet)
Maximum Lot Coverage as % of Lot Area
VB-A
10,000
20
100
10
302
20
301
25
NOTES:
1
Or two stories, whichever is lesser
2
The minimum total side yard setback shall be 30 feet, provided that no allocation of such total results in a setback of less than the 10 feet, except abutting a residential district, where a minimum of 20 feet is required.
3
No more than 33% of the total upland area of any lot shall be made impervious by the installation of buildings, structures and paved surfaces.
Front yard landscaped setback from the road lot line:
VB-A 10 feet.
Existing trees and shrubs shall be retained within the road right-of-way and within the required front yard landscaped setback and supplemented with other landscape materials, in accordance with accepted landscape practices. Where natural vegetation cannot be retained, the front yard landscaped setback shall be landscaped with a combination of grasses, trees and shrubs commonly found on Cape Cod. A minimum of one street tree with a minimum caliper of three inches shall be provided per 30 feet of road frontage distributed throughout the front yard setback area. No plantings shall obscure site at entrance and exit drives and road intersections. All landscaped areas shall be continuously maintained, substantially in accordance with any site plan approved pursuant to Article IX herein.
[Added 7-14-2005 by Order No. 2005-100]
[1]
Editor's Note: The specific regulations for the Hyannis Village Zoning District are found in §§ 240-24.1.1 through 240-24.1.12.
[Added 7-14-2005 by Order No. 2005-100]
These districts shall be known as the "Hyannis Village Zoning Districts."
[Added 7-14-2005 by Order No. 2005-100]
A. 
Effective date: This section shall become effective upon the adoption of a Design and Infrastructure Plan by the Barnstable Planning Board, as set forth in § 240-24.1.11 below. The foregoing shall be adopted not later than October 15, 2005.
B. 
Conflicts. Unless otherwise stated, the requirements of the Barnstable Zoning Ordinance shall apply to uses within the Hyannis Village Zoning Districts. In the event of a conflict, these regulations shall apply.
C. 
Nonconforming uses. The change of a nonconforming use to another nonconforming use is prohibited in the Hyannis Village Zoning Districts.
D. 
Site plan review. All development within the Hyannis Village Zoning Districts, with the exception of single-family residences, shall comply with the provisions of Article IX, § 240-103, Site development standards, and with the Design and Infrastructure Plan. Refer to § 240-24.1.10 and individual district regulations below for additional site plan review standards.
E. 
Special permit granting authority and special permit criteria.
(1) 
Within the Hyannis Village Zoning Districts, the Planning Board shall be the special permit granting authority. The Planning Board shall follow the criteria and procedures set forth in § 240-125C of the Barnstable Zoning Ordinance when acting on a special permit application. In addition to the criteria set forth in § 240-125, the Planning Board shall find that the issuance of the special permit is consistent with the Design and Infrastructure Plan, including the payment of applicable impact fees, and that the development meets one or more of the following criteria:
(a) 
The development provides for or supports mixed use development where appropriate;
(b) 
The development maintains or improves pedestrian access and outdoor public spaces;
(c) 
The development contributes to the historic and maritime character of the Hyannis Village area;
(d) 
The development eliminates or minimizes curb cuts and driveways on Route 28 and Barnstable Road;
(e) 
The development provides or preserves views from public ways and spaces to the waterfront and provides or preserves public access to the waterfront;
(f) 
The development provides for or contributes to alternative transportation or travel demand management; and/or
(g) 
The development provides workforce housing where appropriate and provides an appropriate mix of affordability levels.
(2) 
Refer to individual district regulations below for additional special permit criteria.
F. 
Dimensional relief. Within the Hyannis Village Zoning Districts, the SPGA may provide relief from minimum lot area, minimum lot frontage, maximum building setback, minimum yard setbacks, floor area ratio limits, facade length requirements, ground floor window requirements, and through lot requirements, when such relief is necessary to ensure that a proposed development is consistent with zoning, the Design and Infrastructure Plan and/or the special permit criteria set forth above.
G. 
Building expansion/repair on nonconforming lot. The expansion, repair, alteration or replacement of any legally conforming building or structure in existence as of July 14, 2005, proposed to be expanded within the setbacks established herein shall not require a variance or special permit solely on the basis that the lot is rendered dimensionally nonconforming by the minimum lot area or minimum lot frontage and/or maximum building facade length provisions established in this section.
H. 
Building expansion/repair exceeding lot coverage. The expansion, repair, alteration or replacement of any legally conforming building or structure in existence as of July 14, 2005, proposed to be expanded in a manner that increases lot coverage in excess of the maximum lot coverage provisions established herein shall require a special permit.
I. 
Transitional exemptions. This section shall not apply to any development application that has received site plan approval or a special permit prior to July 14, 2005, provided that said site plan approval and/or special permit has been exercised within one year.
J. 
Zoning district boundaries. The provisions of Barnstable Zoning Ordinance § 240-6C(3) do not apply within the Hyannis Village Zoning Districts.
K. 
Related ordinances. The following list of related ordinances is provided to assist the reader. Applicants must review all Barnstable ordinances, rules, regulations and guidelines for additional requirements that may relate to a particular permit application.
(1) 
For additional information regarding the requirements of the Barnstable Inclusionary Housing Ordinance, see Chapter 9 of the Barnstable Town Code.
(2) 
For additional information regarding site plan review requirements, see §§ 240-98 through 240-105, inclusive, of the Barnstable Zoning Ordinance.
(3) 
For additional information regarding special permit requirements, see § 240-125C of the Barnstable Zoning Ordinance.
(4) 
For additional information regarding growth management requirements, see §§ 240-110 through 240-122, inclusive, of the Barnstable Zoning Ordinance.
(5) 
For additional information regarding parking requirements, see off-street parking regulations, at §§ 240-48 through 240-58, inclusive, of the Barnstable Zoning Ordinance.
(6) 
For additional information regarding signage requirements, see Sign Regulations, at §§ 240-59 through 240-89, inclusive, of the Barnstable Zoning Ordinance.
(7) 
For additional information regarding historic and design review, see Ch. 112, Historic Properties, of the Barnstable Town Code.
L. 
Definitions specific to the Hyannis Village Zoning Districts are contained below at § 240-24.1.12.
[Added 7-14-2005 by Order No. 2005-100]
A. 
Permitted uses. The following principal and accessory uses are permitted in the HVB District. Uses not expressly allowed are prohibited.
(1) 
Permitted principal uses.
(a) 
*Business and professional offices.
(b) 
Banks.
(c) 
Retail uses.
(d) 
Personal services establishments.
(e) 
Packaging and delivery services.
(f) 
*Research and development facilities.
(g) 
Publishing and printing establishments.
(h) 
Restaurants.
(i) 
*Health clubs.
(j) 
Movie theaters.
(k) 
Artist's lofts.
(l) 
Art galleries.
(m) 
Museums.
(n) 
Performing arts facilities.
(o) 
*Educational institutions.
(p) 
Bed-and-breakfasts.
(q) 
*Fraternal or social organizations.
(r) 
Hotels.
(s) 
Motels.
(t) 
Conference centers.
(u) 
Recreational establishments.
(v) 
Mixed use development consistent with ground floor limitations established by an asterisk (*) and with building footprint not exceeding 20,000 square feet and totaling not more than 60,000 square feet.
(w) 
*Apartments and multifamily housing, not including mixed use development, totaling not more than 12 dwelling units per acre
*
Ground floor limitations: For lots abutting Hyannis Main Street and located between Sea Street and Barnstable Road/Ocean Street, uses denoted by an asterisk (*) are allowed above the ground floor only, with the exception that uses denoted by an asterisk may occur on the first floor in the rear portion of such a building only when, at a minimum, the first 30 feet of ground floor building space fronting on Hyannis Main Street is occupied by a permitted principal ground floor use. (See diagram below). In this case a Hyannis Main Street entrance to the use or uses at the rear of the building is allowed.
(2) 
Permitted accessory uses.
(a) 
Entertainment and/or dancing is permitted:
[Amended 6-1-2006 by Order No. 2006-136]
[1] 
As an accessory use to a full-service food service establishment, subject to the following:
[a] 
Food is served to customers at tables by waitpersons;
[b] 
Bar seats and bar places do not exceed 20% of restaurant seats; and
[c] 
Any dance floor area shall not exceed 500 square feet, or 10% of the floor area of the restaurant, whichever is less.
[2] 
As an accessory use to a preexisting smoking bar that has received a variance from the Barnstable Board of Health, subject to the following:
[a] 
The establishment holds a valid Board of Health variance issued under the provisions of the Barnstable Code, § 371-18; and
[b] 
Any dance floor area shall not exceed 500 square feet, or 10% of the floor area of the smoking bar.
(b) 
Repair services.
(c) 
Automated banking facilities (ATM).
B. 
Special permits.
(1) 
Parking facilities.
(2) 
Permitted principal uses as follows, provided, however, that a special permit shall not be required when the applicant has obtained a development of regional impact approval, exemption or hardship exemption from the Cape Cod Commission:
(a) 
Nonresidential development with a total floor area greater than 10,000 square feet.
(b) 
Mixed use development with a building footprint greater than 20,000 square feet or a total building square footage greater than 60,0000 square feet.
(3) 
Multifamily housing, not including mixed use development, consistent with the ground floor limitations established above, and proposing 13 or more dwelling units per acre and not more than 16 dwelling units per acre.
C. 
Dimensional, bulk and other requirements.
Minimum Yard Setbacks
Maximum Building Height1
Zoning District
Minimum Lot Area
(square feet)
Minimum Lot Frontage
(feet)
Front
(feet)
Rear
(feet)
Side
(feet)
Feet
Stories
Maximum Lot Coverage2
FAR3
Hyannis Village
5,000
10
4
42
3
100%
3.0
NOTES:
1
See additional height regulations in Subsection (2) below.
2
Maximum lot coverage pertains to building footprint only.
3
Applies to mixed use development only.
4
See also setbacks in Subsection (1) below.
(1) 
Setbacks.
(a) 
Maximum building setback.
[1] 
The maximum building setback from the street line shall be zero feet for the front and street side facade so that the building visually reinforces the building facade line of the street. (See Diagram No. 2 below.).
[2] 
Existing buildings within the HVB District not currently located at the zero maximum building setback may be altered, expanded, replaced or redeveloped so long as the maximum building setback is equal to the setback of the buildings(s) in existence upon the adoption of this section or 20 feet, whichever is less, and provided that the area between the building setback and the street line shall provide permanent public plazas, sidewalk cafes, public spaces or amenities and/or landscaping.
[3] 
The SPGA may vary the maximum building setback for the building facade, or any portion thereof, and may allow buildings to be set back from the front and/or street side property line where it would result in better alignment of buildings, improved design of the building facade, or where necessary to accommodate shop entrances, arcades, plazas, sidewalk cafes, permanent public spaces, pocket parks, or landscaping required pursuant to the provisions of this section or as allowed by permit, and so long as such increase in building setback will not create significant interruption of the alignment of any sidewalk constructed on public or private property or will not otherwise interfere with pedestrian access.
(b) 
Awnings, marquees and balconies. The SPGA may provide relief from the zero front yard setback for awnings, marquees and balconies. These building structures are allowed to protrude up to five feet past the property line into the public right-of-way. All awnings, marquees and open air balconies shall require a license from the Town Manager consistent with Barnstable General Ordinances, Part 1, Chapter 121, § 121-6J.
Awnings and Marquees
Open Air Balconies
(2) 
Height.
(a) 
Maximum building height.
[1] 
The maximum height of buildings or structures, other than accessory rooftop equipment discussed below or special architectural features, is 42 feet or three stories not to exceed 46 feet.
[2] 
Maximum height may be increased to 46 feet or three stories when the roof pitch is in the range of six in 12.
[3] 
In order to reduce shadows on Hyannis Main Street, for lots located on the southerly edge of the layout of Hyannis Main Street between Barnstable Road/Ocean Street and Sea Street, the maximum building height within 25 feet of the layout of Hyannis Main Street shall not exceed 35 feet unless a special permit is obtained from the SPGA. (See Diagram No. 3 below.)
(b) 
Height of rooftop equipment. Accessory rooftop equipment may extend to 46 feet {or to 50 feet when the building height is allowed at 46 feet under Subsection [(2)(a)[2] above}, provided that it is set back from the exterior wall(s) by at least 10 feet, and is enclosed or screened with materials compatible with the building, and the headhouse and screening are not visible from the ground. Accessory equipment shall not exceed 20% of the roof area. Eight-foot tall roof headhouse structures shall be set back from the exterior wall(s) by at least 10 feet, and shall not exceed 20% of the roof area.
(3) 
Facade length. Buildings or portions of a building with a mass over 50 feet wide must divide their elevations into smaller parts. A pronounced change in massing, pronounced changes in wall planes and introducing significant variations in the cornice/roofline are all possible methods to accomplish the desired divisions of elevations into smaller parts.
(4) 
Roof pitch. Flat roofs shall not extend for more than 50 linear feet, unless otherwise permitted by special permit.
(5) 
Building entrances and alleyways.
(a) 
For lots which have at least 10 feet of frontage on Hyannis Main Street, development and redevelopment shall include building facades that front on and have a principal pedestrian entrance on Hyannis Main Street.
(b) 
The construction of any new buildings shall provide for the creation of pedestrian alleyways, where appropriate, in order to allow for passageways to parking at the rear of the lots and adjoining streets.
(6) 
Ground floor windows.
(a) 
All new nonresidential development shall provide ground floor windows along street facades, including windows that allow views into working areas or lobbies, pedestrian entrances, or display windows. Required windows shall have a sill no more than four feet above grade. Where interior floor levels prohibit such placement, the sill may be raised to no more than two feet above the finished floor level, up to a maximum sill height of six feet above grade.
(b) 
Windows that block two-way visibility, such as darkly tinted and mirrored windows, are prohibited as ground floor windows along street facades.
(c) 
Any wall which is within 30 feet of the street shall contain at least 20% of the ground floor wall area facing the street in display areas, windows, or doorways. Blank walls, including walls that do not include display areas, windows, architectural features, and/or doorways, are prohibited.
(7) 
Through lots.
(a) 
Through lots defined. A "through lot" shall be a lot with a lot line of at least 10 feet on Hyannis Main Street that also abuts on another public street or way (the "alternative street or way"), but shall not include a corner lot. A through lot with at least 10 feet of property line abutting Hyannis Main Street is presumed to have frontage on Hyannis Main Street.
(b) 
For through lots, the lot shall provide vehicular access off of the alternative street or way unless otherwise permitted by special permit.
(8) 
Curb cuts and driveways.
(a) 
New curb cuts on Hyannis Main Street shall only be allowed where the curb cut leads to parking for at least 21 vehicles. No more than one curb cut on Hyannis Main Street shall be allowed for any lot. For traffic safety and to maintain traffic flow, no new driveways shall be permitted on Hyannis Main Street within 200 feet of any intersection.
(b) 
Driveways shall not occupy more than 25% of the frontage of any parcel, except for lots less than 40 feet wide.
D. 
Site development standards. In addition to the site development standards set forth in § 240-24.1.10 below, the following requirements shall apply.
(1) 
Loading docks. Loading docks shall not be visible from Main Street.
(2) 
Parking spaces, computation.
(a) 
The parking standards contained within the Schedule of Off-Street Parking Requirement, § 240-56 of the Barnstable Zoning Ordinance, shall establish the minimum parking requirements, with the following exceptions:
[1] 
The use of shared parking for different uses having different peak hours of demand will be considered in evaluating compliance with § 240-56. A signed lease agreement between relevant parties sharing parking must be provided as part of the site plan approval or special permit process.
[2] 
A permitted use can be changed to another permitted use, and any permitted principal or accessory use can be intensified, without increasing the required off-street parking requirements of § 240-56, Schedule of Off-Street Parking Requirements, provided that as of July 14, 2005:
[a] 
There is no increase in gross square footage of the building; and
[b] 
There is no reduction in existing parking spaces required pursuant to § 240-56; and
[c] 
There is no added outdoor use requiring the provision of parking according to Section 204-56, except that no parking spaces shall be required for outdoor dining on both public and private property; and
[d] 
Parking space requirements for residential dwelling units shall be one parking space per bedroom for one- and two-bedroom units or a total of two parking spaces for units with two or more bedrooms.
(3) 
Parking spaces shall be provided for new and/or expanded building area, and for new and/or expanded outdoor uses, as follows:
(a) 
Fifty percent of the spaces required under § 240-56 for all uses other than office uses and residential dwelling units.
(b) 
Parking space requirements for residential dwelling units shall be one parking space per bedroom for one- and two-bedroom units or a total of two parking spaces for units with two or more bedrooms.
(4) 
The SPGA may, by special permit, further reduce the parking required as follows:
(a) 
Off-site parking. Parking requirements may be satisfied if an off-street municipal parking lot of 20 spaces or more exists within 500 feet of the proposed use and provided that a fee is paid which would be set aside for the creation of future municipal parking facilities to service the district, consistent with a schedule of fees, if any, to be adopted in the Design and Infrastructure Plan. Off-site parking may also be provided on a private parking lot with sufficient parking spaces within 300 feet of the proposed use, provided that a lease agreement is presented as part of the site plan approval or special permit process and provided that a fee is paid which would be set aside for the creation of future municipal parking facilities to service the district, consistent with a schedule of fees, if any, to be adopted in the Design and Infrastructure Plan. In no case shall leased parking be allowed on land that is residentially zoned for, or in residential use as, a single-family or a two-family dwelling.
(b) 
The SPGA may reduce the on-site and off-street parking requirement for all uses except office uses and residential uses, based upon a consideration of:
[1] 
Availability of shared parking.
[2] 
Other factors supporting the reduction in the number of required parking spaces.
(5) 
Landscaping.
(a) 
Front yard landscape is not required if front setback is zero. When the front setback is greater than zero, those portions of the front yard not occupied by pedestrian amenities and public spaces shall be landscaped.
(b) 
Street trees are required consistent with § 240-24.1.10 below if front setback is greater than zero feet.
(6) 
Lighting.
(a) 
All developments shall use full cutoff light fixtures for exterior lighting in which no more than 2.5% of the total output is emitted at 90° from the vertical pole or building wall on which it is mounted.
(b) 
Flood-, area and up-lighting is not permitted.
[Added 7-14-2005 by Order No. 2005-100]
A. 
Permitted uses. The following principal and accessory uses are permitted in the MS District. Uses not expressly allowed are prohibited.
(1) 
Permitted principal uses.
(a) 
Single-family dwellings.
(b) 
Two-family dwellings.
(c) 
Business and professional offices.
(d) 
Nursing homes.
(e) 
Medical/dental clinics.
(f) 
Hospitals (nonveterinarian).
(g) 
Bed-and-breakfasts.
(h) 
Multifamily housing totaling not more than six dwelling units per acre or 12 bedrooms per acre.
(i) 
Mixed-use development.
(2) 
Permitted accessory uses.
(a) 
Family apartments.
(b) 
The following uses shall only be permitted as ancillary operations to a hospital, nursing home, or other medical-oriented facility:
[1] 
Personal services, such as barber or beauty shops.
[2] 
Banking services.
[3] 
Restaurants.
[4] 
Pharmacies.
B. 
Special permits.
(1) 
Permitted principal uses as follows, provided, however, that a special permit shall not be required when the applicant has obtained a development of regional impact approval, exemption or hardship exemption from the Cape Cod Commission:
(a) 
Nonresidential development, including nursing homes, with a total floor area greater than 10,000 square feet.
(b) 
Mixed use developments with a total floor area greater than 20,000 square feet or greater than 10,000 square feet of commercial space.
(2) 
Multifamily housing proposing to create seven or more dwelling units per acre or 13 or more bedrooms per acre and including at least 25% of workforce housing and totaling not more than 12 units per acre. Multifamily housing in the MS District is not required to provide inclusionary housing pursuant to Chapter 9 of the Barnstable Code.
(3) 
Registered recreational marijuana cultivators, research facilities and independent testing laboratories, subject to compliance with the provisions of Article XII herein.
[Added 9-6-2018 by Order No. 2019-015]
C. 
Dimensional, bulk and other requirements. (NOTE: For hospital uses: the maximum building height provisions set forth in the table below may be extended to no more than 85 feet or a maximum of six stories not to exceed 85 feet; and, the maximum lot coverage requirements set forth below shall not apply.)
Minimum Yard Setbacks
Maximum Building Height1
Zoning District
Minimum Lot Area
(square feet)
Minimum Lot Frontage
(feet)
Front
(feet)
Rear
(feet)
Side
(feet)
Feet
Stories1
Maximum Lot Coverage2
FAR3
Medical Services
10,000
50
202
102
102
38
3
80%
NOTES:
1
The third story can only occur within habitable attic space.
2
See also setbacks in Subsection C(1) below.
(1) 
Setbacks.
(a) 
The front yard landscaped setback shall be 10 feet.
(b) 
The SPGA may reduce to zero the rear and side setbacks for buildings to accommodate shared access driveways or parking lots that service buildings located on two or more adjoining lots.
(2) 
Site access/curb cuts.
(a) 
Driveways on Route 28 shall be minimized. Access shall not be located on Route 28 where safe vehicular and pedestrian access can be provided on an alternative roadway, or via a shared driveway, or via a driveway interconnection. On Route 28, new vehicular access, new development, redevelopment and changes in use that increase vehicle trips per day and/or increase peak hour roadway use shall be by special permit.
(b) 
Applicants seeking a new curb cut on Route 28 shall consult the Town Director/Superintendent of Public Works regarding access on state highway roadways prior to seeking a curb-cut permit from the Massachusetts Highway Department, and work with the Town and other authorizing agencies, such as the MHD, to agree on an overall access plan for the site prior to site approval. The applicant shall provide proof of consultation with the listed entities and other necessary parties.
(c) 
All driveways and changes to driveways on Route 28 shall:
[1] 
Provide the minimum number of driveways for the size and type of land use proposed;
[2] 
Provide shared access with adjacent development where feasible; and
[3] 
Provide a driveway interconnection between adjacent parcels to avoid short trips and conflicts on the main road.
D. 
Site development standards. In addition to the site development standards set forth in § 240-24.1.10 below, the following requirement shall apply:
(1) 
Landscaping for multifamily housing. A perimeter green space of not less than 10 feet in width shall be provided, such space to be planted and maintained as green area and to be broken only in a front yard by a driveway and/or entry walk.
[Added 7-14-2005 by Order No. 2005-100]
A. 
Permitted uses. The following principal and accessory uses are permitted in the SF District. Uses not expressly allowed are prohibited.
(1) 
Permitted principal uses.
(a) 
Single-family dwellings (detached).
(b) 
Bed-and-breakfasts.
(c) 
Artists lofts.
(d) 
For those lots with frontage on South Street and/or High School Road, professional offices.
(e) 
Renting of rooms for not more than three nonfamily members by the family residing in a single-family dwelling.
[Added 6-1-2006 by Order No. 2006-136]
(2) 
Permitted accessory uses.
(a) 
Family apartments.
B. 
Dimensional, bulk and other requirements.
Minimum Yard Setbacks
Maximum Building Height1
Zoning District
Minimum Lot Area1
(square feet)
Minimum Lot Frontage1
(feet)
Minimum Lot Width2
(feet)
Front
(feet)
Rear
(feet)
Side
(feet)
Feet
Stories1
Maximum Lot Coverage2
FAR3
Single Family Residential
20,000
20
100
203
103
103
38
3
NOTES:
1
The minimum lot area shall be reduced to 10,000 square feet and/or the minimum lot frontage shall be reduced to 50 feet if an existing nonresidential use, in existence as of the effective date of this section, is changed to a single-family residential use.
2
Lot width at front building setback
3
See also setbacks in Subsection C(1) and corner lot setback in Subsection C(2) below.
4
The third story in a single-family or two-family dwelling can only occur within habitable attic space.
(1) 
Setbacks. A perimeter green space of not less than 10 feet in width shall be provided, such space to be planted and maintained as green area and to be broken only in a front yard by a driveway.
(2) 
Corner lot setback. Corner lots shall comply with the provisions of § 240-41 of the Barnstable Zoning Ordinance.
C. 
Site development standard. Single-family dwellings are encouraged to comply with the provisions of Article IX, § 240-103, Site development standards. Single-family dwellings are not required to comply with § 240-24.1.10 below, and they are not required to obtain site plan approval. Single-family dwellings shall comply with the following requirements:
(1) 
Parking and signage. All development within the SF District shall comply with applicable parking and signage requirements contained in Article VI, §§ 240-48 through 240-58, and Article VII, §§ 240-59 through 240-89, inclusive, of the Barnstable Zoning Ordinance.
(2) 
Lighting. Reflectors and shielding shall provide total cutoff of all light at the property lines of the parcel to be developed.
(3) 
Fences. No fence shall exceed a height of 6 1/2 feet (eight feet when abutting a nonresidential district) unless a special permit is obtained from the SPGA.
[Added 7-14-2005 by Order No. 2005-100]
A. 
Permitted uses. The following principal and accessory uses are permitted in the OM District. Uses not expressly allowed are prohibited.
(1) 
Permitted principal uses.
(a) 
Business and professional offices.
(b) 
Personal services establishments.
(c) 
Repair services.
(d) 
Publishing and printing establishments.
(e) 
Packaging and delivery services.
(f) 
Artist's lofts.
(g) 
Restaurants.
(h) 
Multifamily housing, including but not limited to townhouses, totaling not more than 12 dwelling units, or 24 bedrooms per acre.
(i) 
Mixed-use development.
(j) 
Office, dental or medical.
[Added 3-18-2010 by Order No. 2010-069]
(2) 
Permitted accessory uses.
(a) 
Health clubs.
(b) 
Retail uses directly related to a principal permitted use that does not exceed 1,500 square feet.
B. 
Special permits.
(1) 
Permitted principal uses as follows; provided, however, that a special permit shall not be required when the applicant has obtained a development of regional impact approval, exemption or hardship exemption from the Cape Cod Commission.
(a) 
Nonresidential development with a total floor area greater than 10,000 square feet;
(b) 
Mixed use developments with a total floor area greater than 20,000 square feet or greater than 10,000 square feet of commercial space.
(2) 
Multifamily housing, including at least 25% workforce housing and totaling not more than 16 dwelling units or 32 bedrooms per acre.
C. 
Dimensional, bulk and other requirements.
Minimum Yard Setbacks
Maximum Building Height1
Zoning District
Minimum Lot Area
(square feet)
Minimum Lot Frontage
(feet)
Front
(feet)
Rear
(feet)
Side
(feet)
Feet
Stories2
Maximum Lot Coverage2
FAR3
Office/ Multifamily Residential
20,000
50
201
101
101
40
3
80%
1.0
NOTES:
1
See also setbacks in Subsection C(1) below.
(1) 
Setbacks.
(a) 
The front yard landscaped setback shall be 10 feet, with the exception of townhouse development.
(b) 
The SPGA may reduce to zero the rear and side setbacks for buildings to accommodate shared access driveways or parking lots that service buildings located on two or more adjoining lots.
(c) 
For townhouses, buildings shall be set back zero to 15 feet from the frontage line. Buildings at street intersections shall be set back at least six feet but not more than 15 feet from the frontage line and side street lines. Setback requirements shall apply to the enclosed portion of the buildings only. That area between the building setback (including decks and unenclosed structures) and the street line shall be landscaped.
(d) 
For townhouses with direct vehicular access from the street, garage and carport entrances shall not be closer to the street property line than any other portion of the front facade of the building.
D. 
Site development standards. For additional site plan review and special permit standards see § 240-24.1.10 below.
[Added 7-14-2005 by Order No. 2005-100]
A. 
Permitted uses. The following principal and accessory uses are permitted in the HD District. Uses not expressly allowed are prohibited.
(1) 
Permitted principal uses.
(a) 
Marinas.
(b) 
Building, sale, rental, storage and repair of boats.
(c) 
Retail sale of marine fishing and boating supplies.
(d) 
Retail sale of fishing bait, fish and shellfish.
(e) 
Commercial fishing, not including canning or processing of fish.
(f) 
Charter fishing and marine sightseeing and excursion facilities.
(g) 
Museums.
(h) 
Performing arts facilities.
(i) 
Restaurants.
(j) 
Hotels.
(k) 
Motels.
(l) 
Conference centers.
(m) 
Bed-and-breakfasts.
(n) 
Artist's lofts.
(o) 
Mixed-use development with all residential units located above the ground floor only.
(2) 
Permitted accessory uses.
(a) 
Offices to be used for ancillary activities which are directly related to a principal permitted use in the district.
(b) 
Accessory retail uses that do not exceed 1,500 square feet and which are directly related to a principal permitted use in the district.
(c) 
Health club not exceeding 1,500 square feet and which is directly related to a principal permitted use in the district.
B. 
Special permits.
(1) 
Permitted principal uses as follows, provided, however, that a special permit shall not be required when the applicant has obtained a development of regional impact approval, exemption or hardship exemption from the Cape Cod Commission:
(a) 
Nonresidential development with a total floor area greater than 10,000 square feet;
(b) 
Mixed use developments with a total floor area greater than 20,000 square feet or greater than 10,000 square feet of commercial space.
(2) 
Multifamily residential development totaling not more than seven units per acre.
C. 
Dimensional, bulk and other requirements.
Minimum Yard Setbacks
Maximum Building Height1
Zoning District
Minimum Lot Area
(square feet)
Minimum Lot Frontage
(feet)
Front
(feet)
Rear
(feet)
Side
(feet)
Feet
Stories
Maximum Lot Coverage1
FAR
Harbor District
20,000
20
202
102
102
35
2.53
70%
NOTES:
1
See additional dimensional regulations for marine uses in Subsection C(1) below.
2
See also setbacks in Subsection C(2) below.
3
The half story can only occur within habitable attic space.
(1) 
Special dimensional regulations for marine uses. In order to support water-dependent uses on the harbor, for buildings and structures used as a marina and/or used in the building, sale, rental, storage and/or repair of boats, so long as such buildings or structures exist as of the date of the adoption of this section, the following dimensional regulations shall apply: maximum building height 45 feet, maximum lot coverage 90%.
(2) 
Setbacks. The front yard landscaped setback shall be 10 feet.
D. 
Site development standards. For additional site plan review and special permit standards, see § 240-24.1.10 below.
[Added 7-14-2005 by Order No. 2005-100]
A. 
Permitted uses. The following principal and accessory uses are permitted in the HG District. Uses not expressly allowed are prohibited.
(1) 
Permitted principal uses.
(a) 
Business and professional offices.
(b) 
Banks.
(c) 
Restaurants.
(d) 
Business support services not exceeding 5,000 square feet.
(e) 
Dental and medical clinics, including a change of use, that do not increase the number of vehicle trips per day and do not increase peak hour vehicle trips per day.
(f) 
Retail uses that do not increase the number of vehicle trips per day and do not increase peak hour vehicle trips per day.
(g) 
Mixed-use development.
(h) 
Multifamily housing totaling not more than four dwelling units per acre, or eight bedrooms per acre.
(2) 
Permitted accessory uses.
(a) 
Accessory retail uses that do not exceed 1,500 square feet and which are directly related to a principal permitted use in the district.
(b) 
Personal services establishments.
(c) 
Automated banking facilities (ATM).
B. 
Special permits.
(1) 
Permitted principal uses as follows, provided, however, that a special permit shall not be required when the applicant has obtained a development of regional impact approval, exemption or hardship exemption from the Cape Cod Commission:
(a) 
Nonresidential development with a total floor area greater than 10,000 square feet.
(b) 
Mixed use developments with a total floor area greater than 20,000 square feet or greater than 10,000 square feet of commercial space.
(2) 
Multifamily housing, including workforce housing totaling not more than 16 dwelling units or 32 bedrooms per acre, that includes at least 25% of workforce housing dwelling units.
(3) 
Retail uses and dental and medical clinics that increase the number of vehicle trips per day and/or increase peak hour vehicle trips per day.
C. 
Dimensional, bulk and other requirements.
Minimum Yard Setbacks
Maximum Building Height1
Zoning District
Minimum Lot Area
(square feet)
Minimum Lot Frontage
(feet)
Front
(feet)
Rear
(feet)
Side
(feet)
Feet
Stories
Maximum Lot Coverage2
FAR3
Hyannis Gateway
40,000
50
303
15
20
40
3
80%
0.8
NOTES:
1
Floor area ratio = gross building square footage divided by the lot area.
2
The third story can only occur within habitable attic space.
3
See also setbacks in Subsection C(1) below.
(1) 
Setback. Front yard landscape setback on Route 28 is 60 feet. For lots with less than 20,000 square feet of lot area, front yard landscape setback shall be at least 10 feet.
(2) 
Site access/curb cuts.
(a) 
Driveways on Route 28 and Barnstable Road shall be minimized. Access shall not be located on Route 28 or Barnstable Road where safe vehicular and pedestrian access can be provided on an alternative roadway, or via a shared driveway, or via a driveway interconnection. On Route 28, new vehicular access, and changes in use that increase vehicle trips per day and/or peak hour roadway use for an existing driveway or curb cut, shall be by special permit.
(b) 
Applicants seeking a new curb cut on Route 28 shall consult the Town Director of Public Works regarding access on state highway roadways prior to seeking a curb cut permit from the Massachusetts Highway Department, and work with the Town and other authorizing agencies such as the MHD to agree on an overall access plan for the site prior to site approval. The applicant shall provide proof of consultation with the listed entities and other necessary parties.
(c) 
All driveways and changes to driveways shall:
[1] 
Provide the minimum number of driveways for the size and type of land use proposed.
[2] 
Provide shared access with adjacent development where feasible.
[3] 
Provide a driveway interconnection between adjacent parcels to avoid short trips and conflicts on the main road.
(d) 
Parking at the front of the lot is strongly discouraged. When parking is allowed on the front of the lot, where feasible, it shall be limited to a single row of vehicles and associated turning space. Also within the HG District, to the extent feasible, existing parking located on the front of the lot shall be removed and relocated to the rear and/or side of buildings, consistent with this section.
(e) 
Transit improvement incentives. For redevelopment, the SPGA may provide relief from required parking where the applicant:
[1] 
Permanently eliminates and/or significantly reduces the width of existing curb cuts in a manner that improves the through flow of traffic on Barnstable Road and/or Route 28; and/or
[2] 
Provides a perpetual agreement for one or more driveway interconnections that will alleviate traffic on Barnstable Road and/or Route 28.
D. 
Site development standards. In addition to the site development standards set forth in § 240-24.1.10 below, the following requirements shall apply.
(1) 
Landscaping. All site plan and special permit applications shall include a landscaping plan which shall be signed and stamped by a Massachusetts certified landscape architect.
[Added 7-14-2005 by Order No. 2005-100]
A. 
Permitted uses. The following principal and accessory uses are permitted in the TD District. Uses not expressly allowed are prohibited.
(1) 
Permitted principal uses.
(a) 
Restaurants.
(b) 
Tourist information service.
(c) 
Parking facilities outside of the WP Overlay District.
(d) 
Bicycle rental services (nonmotorized vehicles only).
(e) 
Shuttle services.
(f) 
Alternative transportation facilities.
(g) 
Car rental services outside of the WP Overlay District.
(h) 
Automated banking facilities (ATM).
(2) 
Permitted accessory uses. Accessory retail uses that do not exceed 1,500 square feet and which are directly related to a principal permitted use in the TD District.
B. 
Special permits.
(1) 
Parking facilities within the WP Overlay District.
(2) 
Public transportation maintenance facilities.
(3) 
Car rental services within the WP Overlay District.
(4) 
Permitted principal uses as follows, provided, however, that a special permit shall not be required when the applicant has obtained a development of regional impact approval, exemption or hardship exemption from the Cape Cod Commission:
(a) 
Nonresidential development with a total floor area greater than 10,000 square feet.
C. 
Dimensional, bulk and other requirements.
Minimum Yard Setbacks
Maximum Building Height
Zoning District
Minimum Lot Area
(square feet)
Minimum Lot Frontage
(feet)
Front
(feet)
Rear
(feet)
Side
(feet)
Feet
Stories2
Maximum Lot Coverage1
FAR
Transportation Hub
30,000
100
203
103
103
40
3
25%
NOTES:
1
Maximum lot coverage pertains to building footprint only, with the exception of parking facilities which are permitted a maximum lot coverage of 65%.
2
The third story can only occur within habitable attic space.
3
See also setbacks in Subsection C(1) below.
(1) 
Setbacks.
(a) 
Front setback on Route 28 is 50 feet.
(b) 
The SPGA may reduce to zero the rear and side setbacks for buildings to accommodate shared access driveways or parking lots that service buildings located on two or more adjoining lots.
(2) 
Site access/curb cuts.
(a) 
Driveways on Route 28 shall be minimized. Access shall not be located on Route 28 where safe vehicular and pedestrian access can be provided on an alternative roadway, via a shared driveway, or via a driveway interconnection. On Route 28, new vehicular access, and changes in use that increase vehicle trips per day and/or peak hour roadway use for an existing driveway or curb cut, shall be by special permit.
(b) 
Upon the redevelopment, expansion, alteration or change of use of any lot with a lot line on Engine House Road, the new, expanded, altered or changed use shall provide vehicular access solely on Engine House Road.
(c) 
Applicants seeking a new curb cut on Route 28 shall consult the Town Director of Public Works regarding access on state highway roadways prior to seeking a curb cut permit from the Massachusetts Highway Department, and work with the Town and other authorizing agencies such as the MHD to agree on an overall access plan for the site prior to site approval. The applicant shall provide proof of consultation with the listed entities and other necessary parties.
(d) 
Parking at the front of the lot is strongly discouraged. When parking is allowed on the front of the lot, where feasible, it shall be limited to a single row of vehicles and associated turning space. Also within the TD District, to the extent feasible, for redevelopment, existing parking located on the front of the lot shall be removed and relocated to the rear and/or side of buildings, consistent with this section.
(e) 
All driveways and changes to driveways shall:
[1] 
Provide the minimum number of driveways for the size and type of land use proposed;
[2] 
Provide shared access with adjacent development where feasible;
[3] 
Provide a driveway interconnection between adjacent parcels to avoid short trips and conflicts on the main road.
(f) 
Transit improvement incentives. For redevelopment, the SPGA may provide relief from required parking where the applicant:
[1] 
Permanently eliminates and/or significantly reduces the width of existing curb cuts in a manner that improves the through flow of traffic on Barnstable Road and/or Route 28; and/or
[2] 
Provides a perpetual agreement for one or more driveway interconnections that will alleviate traffic on Barnstable Road and/or Route 28.
D. 
Site development standards. In addition to the site development standards set forth in § 240-24.1.10 below, the following requirements shall apply.
(1) 
Special permit criteria. In determining whether to grant a special permit within the WP Overlay District, the SPGA shall consider the criteria set forth in § 240-24.1.2, General provisions, Subsection E, above, in addition to the following factors:
(a) 
The nature and extent of the risk of contamination to the proposed well that will result from the grant of the special permit;
(b) 
The nature and degree to which the proposal eliminates existing threats to the public water supply, including on-site and off-site mitigation;
(c) 
The overall effectiveness of existing land uses and/or protective measures on the public water supply well; and
(d) 
Whether granting the special permit will accommodate an overriding community interest.
[Added 4-27-2017 by Order No. 2017-100]
A. 
Permitted uses. The following principal and accessory uses are permitted in the GM District. Uses not expressly allowed are prohibited.
(1) 
Permitted principal uses.
(a) 
Business and professional offices.
(b) 
Banks.
(c) 
Restaurants.
(d) 
Business support services.
(e) 
Dental and medical clinics.
(f) 
Retail uses.
(g) 
Personal services.
(h) 
Mixed-use development.
(i) 
Multifamily housing totaling not more than six dwelling units per acre or 12 bedrooms per acre.
(2) 
Permitted accessory uses.
(a) 
Automated banking facilities (ATM).
B. 
Special permits.
(1) 
Permitted principal uses as follows:
(a) 
Nonresidential development with a total floor area greater than 10,000 square feet.
(b) 
Mixed-use developments with a total floor area greater than 20,000 square feet or greater than 10,000 square feet of commercial space.
(c) 
Multifamily housing proposing to create seven or more dwelling units per acre or 13 or more bedrooms per acre and including at least 25% of workforce housing and totaling not more than 12 units per acre. Multifamily housing in the GM District is not required to provide inclusionary housing pursuant to Chapter 9 of the Barnstable Code.
(2) 
Registered recreational marijuana cultivators, research facilities and independent testing laboratories, subject to compliance with the provisions of Article XII herein.
[Added 9-6-2018 by Order No. 2019-015]
C. 
Dimensional, bulk and other requirements.
Minimum Yard Setbacks
Maximum Building Height
Zoning District
Minimum Lot Area
(square feet)
Minimum Lot Frontage
(feet)
Front
(feet)
Rear
(feet)
Side
(feet)
Feet
Stories
Maximum Lot Coverage
FAR
Gateway Medical Services
10,000
50
201
10
20
38
3
80%
-
NOTES:
1
See also setbacks in Subsection C(1) below.
(1) 
Setbacks. Front yard landscape setback on Route 28 is 60 feet. For lots with less than 10,000 square feet of lot area, front yard landscape setback on Route 28 shall be 10 feet.
(2) 
Site access/curb cuts.
(a) 
Driveways on Route 28 shall be minimized. Access shall not be located on Route 28 where safe vehicular and pedestrian access can be provided on an alternative roadway, or via a shared driveway, or via a driveway interconnection.
(b) 
Applicants seeking a new curb cut on Route 28 shall consult the Town Director of Public Works regarding access prior to seeking an application for a permit to access a state highway from the Massachusetts Department of Transportation, and work with the Town and other authorizing agencies such as MassDOT on a site access plan prior to site plan approval. The applicant shall provide proof of consultation with the listed entities and other necessary parties.
(c) 
All driveways and changes to driveways shall:
[1] 
Provide the minimum number of driveways for the size and type of land use proposed.
[2] 
Provide shared access with adjacent development where feasible.
[3] 
Provide a driveway interconnection between adjacent parcels to avoid short trips and conflicts on the main road where feasible.
(d) 
Parking at the front of the lot is strongly discouraged. When parking is allowed on the front of the lot, where feasible, it shall be limited to a single row of vehicles and associated turning space. To the extent feasible, existing parking located on the front of the lot shall be removed and relocated to the rear and/or side of buildings, consistent with this section.
(e) 
The SPGA may provide relief from required parking where the applicant:
[1] 
Permanently eliminates and/or significantly reduces the width of existing curb cuts in a manner that improves the through flow of traffic on Route 28; and/or
[2] 
Provides an agreement for one or more driveway interconnections that will alleviate traffic on Route 28.
[3] 
Has the availability of shared parking.
D. 
Site development standards. Site development standards set forth in § 240-24.1.10 shall apply.
(1) 
Landscaping for multifamily housing. A perimeter green space of not less than 10 feet in width shall be provided, such space to be planted and maintained as green area and to be broken only in a front yard by a driveway and/or entry walk.
[Added 7-21-2016 by Order No. 2016-166[1]]
A. 
Purposes and intent. This section allows as-of-right permitting for land located south of Main Street in Hyannis, which land has some legal pre-existing nonconforming status or was licensed as of May 1, 2014, as an open air parking lot involving the temporary storage of vehicles. The scope of such uses would otherwise have to be clarified through a quasi-judicial or regulatory process. The purpose of this section is to:
(1) 
Clarify this land use and create as of right permitting for land now used as open air parking lots and located south of Main Street in Hyannis;
(2) 
Protect the safety of the users of the lot and the general public through site development standards providing constant access for emergency responders;
(3) 
Ensure safe access to structures for emergency responders;
(4) 
Protect adjacent property from nuisances which may result from the operation of cars and parking off streets;
(5) 
Enhance and protect the visual quality of the Hyannis harbor area;
(6) 
Reduce congestion on lot access streets which also serve residential areas; and
(7) 
Contribute to traffic safety by ensuring orderly access to and egress from such lots.
B. 
Relationship to underlying districts and regulations.
(1) 
The Hyannis Parking Overlay District (HPOD) shall overlay all underlying districts so that any parcel of land lying in the HPOD shall also lie in the zoning district or districts in which it is otherwise classified by this chapter.
(2) 
All regulations of the underlying zoning district(s) shall apply within the HPOD to the extent that they are not inconsistent with the specific provisions of this § 240-24.1.10. To the extent the provisions of this § 240-24.1.10 are in conflict with or are inconsistent with other provisions of this chapter, the provisions of this § 240-24.1.10 shall govern and prevail even if such other provisions are more restrictive than those set forth in this section 240-24.1.10.
C. 
Definitions.
As used in this section, the following terms shall have the meanings indicated:
AISLE
That portion of the commercial surface parking lot circulation area providing safe and constant access for emergency responders and access to parking spaces for lot patrons. Aisle area is calculated exclusive of any other area on the lot, such as driveway, parking stalls, and attendant areas.
COMMERCIAL SURFACE PARKING LOT
The commercial parking of vehicles where parking is a principal use on the property. Commercial surface parking lots shall not include structures, fully or partially enclosed, that accommodate vehicle parking spaces. Noncommercial trucks, vans and other vehicles not exceeding 7.5 feet may use a commercial surface parking lot.
EMERGENCY ACCESS AISLES AND FIRE LANES
Aisles, unobstructed at all times, for the safe and immediate access of emergency response vehicles. At no time shall any portion of a designated emergency access aisle be used for parking or storing vehicles for any length of time no matter how short.
KIOSK
A structure, which may be temporary or seasonal, located on the commercial surface parking lot from which parking transactions are conducted.
PARKING ATTENDANT
An employee of the commercial surface parking lot available to customers to park and retrieve vehicles within the licensed lot.
REMOTE PARKING SITES
Sites accommodating excess parking for HPOD parking lots that are located in another area of Hyannis where such parking use is allowed. Such remote parking lots shall be permitted and licensed only in connection with the HPOD parking lot.
SECOND PRINCIPAL USE
A second principal use, lawfully permitted and established at the time of the adoption of this section, may share a parcel with a commercial surface parking lot.
STACKED PARKING
Parking of vehicles in a line or stack that may be up to three vehicles deep at a commercial surface parking lot. The lot operator shall have an attendant present to move vehicles out of the stack at all times that the lot is open for vehicle pickup by vehicle owners.
D. 
Permitted uses.
(1) 
Principal uses.
Commercial surface parking lot
E. 
Site development standards.
(1) 
Access management.
(a) 
Entrance and exit driveways shall be a minimum of 14 feet wide for one-way use only and a minimum of 20 feet wide for two-way use and shall be delineated.
(b) 
Driveways shall be located so as to minimize conflict with traffic on public streets and where good visibility and sight distances are available to observe approaching pedestrian and vehicular traffic.
(2) 
Parking spaces.
(a) 
Computation.
[1] 
Within the property boundaries the number of parking spaces is limited only by the required dimensions for parking spaces, aisles, emergency access aisles, and fire lanes.
[2] 
Where another principal use, lawfully permitted and established at the time of the adoption of this section, is located on the same parcel as the commercial surface parking lot, the number of parking spaces required to support that use shall be deducted from the number of spaces for the commercial surface parking lot use; provided that the number of commercial surface parking spaces shall not exceed the number determined as of the effective date of this section, even if any other principal use is subsequently discontinued.
[3] 
Where another principal use not located on the same parcel as the commercial surface parking lot uses some of the lot's spaces as shared parking for the off lot use, those spaces shall be deducted from the zoning and licensing number of spaces for the commercial surface parking lot; provided that the number of commercial surface parking spaces shall not exceed the number determined as of the effective date of this section, even if any shared parking use is subsequently discontinued.
[4] 
Up to 10% of parking spaces may be designed for and allocated to compact spaces.
[5] 
Parking facilities shall provide specially designated parking spaces according to 521 CMR, the Architectural Access Board.
(b) 
Dimensions.
[1] 
Noncompact spaces: nine feet by 18 feet.
[2] 
Compact spaces: six feet by 14 feet.
(c) 
Demarcation.
[1] 
The lot owner shall submit to the Building Commissioner a plan of the commercial surface parking lot drawn and stamped by a registered professional land surveyor, known as the "record parking plan." Any changes to the lot boundaries or internal configuration shall require that a new record parking plan be prepared and filed in the same manner. All property lines and emergency access aisles and fire lanes shall be marked as shown on the record parking plan. In addition to showing the number of spaces that can be accommodated according to the dimensions herein, such plan shall depict demarcations for emergency access aisles through a method permanently affixed to the ground and approved by the Building Commissioner and Fire Safety Official.
[2] 
Wheel stops and/or striping shall be installed and maintained to mark each permitted parking space. Stacked parking spaces shall be marked using ground-mounted delineators or other demarcation.
[3] 
Property boundaries for properties abutting other separately owned properties shall be marked with fencing or other means as may be approved by the Building Commissioner.
(3) 
Stacked parking.
(a) 
Stacked parking in compliance with this section may be permitted subject to the approval of the Building Commissioner and the Fire Safety Official.
(b) 
Lots using stacked parking configurations shall have a full-time attendant supervising the lot and to enable owner access to vehicles at all times.
(4) 
Aisle width.
(a) 
Unless otherwise provided for in this section, parking lots shall be designed so that each motor vehicle is able to proceed to and from the parking space provided without requiring the moving of any other motor vehicle.
(b) 
All angle parking shall have one-way circulation with an aisle width of at least 14 feet.
(c) 
Fire lanes and emergency access aisles shall be provided as required by the Building Commissioner and the Fire Safety Official.
(5) 
Lot circulation.
(a) 
Dead-end aisles, including but not limited to emergency access aisles, and fire lanes are prohibited.
(6) 
Landscaping and fencing.
(a) 
Parking lots shall install perimeter landscaping area along street frontages.
(b) 
Fencing other than split-rail fencing is prohibited.
(7) 
Lighting. Lighting shall not cause glare for motorists, pedestrians or neighboring premises. Full cut-off light fixtures shall be used in which no more than 2.5% of the total output is emitted at 90° from the vertical pole or building wall on which it is mounted.
(8) 
Signage. Signage provisions rely on the requirements of the underlying zoning district or on rights that may be vested in the property as determined by the Building Commissioner.
(9) 
Accessory structures.
(a) 
Parking lot kiosk. A kiosk for parking lot attendants and/or business needs may be allowed. Kiosks are typically located at the main entrance(s) to or exit(s) from the lot. Each kiosk shall not exceed 150 square feet in gross floor area and shall be located so as not to interfere with fire lanes, emergency access aisles, or site circulation. Kiosks shall include temporary sanitary facilities for employees. In no case shall the temporary sanitary facility be visible from any public way. Such structures shall be subject to applicable code or other permitting requirements and shall not host other principal or accessory uses such as retail without the required approvals.
(b) 
Trash receptacles. All lots shall provide accommodations for client and employee trash. Trash receptacles and/or dumpsters shall be located near each parking lot kiosk as may be required by the Building Commissioner and the Fire Safety Official. In no case shall the receptacles be visible from any public way.
[1]
Editor's Note: This order also provided for the renumbering of former §§ 240-24.1.10 through 240-24.1.12 as §§ 240-24.1.11 through 240-24.1.13, respectively.
[Added 7-14-2005 by Order No. 2005-100]
A. 
Application. Unless otherwise stated herein, the following additional site development standards shall apply within the Hyannis Village Zoning Districts, with the exception of Zone 3, the Single Family Residential District.
(1) 
Utilities and services.
(a) 
Mechanical equipment, whether ground level or rooftop shall be screened from view of adjacent properties and public rights-of-way and designed to be an integral part of the building.
(b) 
Trash containers shall be fully screened on three sides with solid walls a minimum of six feet high with a solid front gate, six feet high, which shall be kept closed. Trash compacters shall be enclosed to minimize noise.
(2) 
Stormwater. Rain gardens, as defined in § 240-24.1.12 below, are encouraged.
(3) 
Drive-through windows. Drive-through windows are prohibited within the Hyannis Village Zoning Districts, with the exception that banks allowed as a principal permitted use may construct and operate a drive-through window upon the issuance of a special permit.
(4) 
Off-street parking requirements. All new, expanded or intensified uses shall provide adequate off-street parking. No uses shall be intensified, except for single-family detached dwellings, without providing adequate parking as provided herein.
(a) 
Parking spaces, computation. See § 240-24.1.3 above for additional parking regulations applicable to the HVB District.
[1] 
Unless otherwise specified, all development shall comply with the parking requirements contained in Article VI, § 240-56, Schedule of Off-Street Parking Requirements, of the Barnstable Zoning Ordinance. The SPGA may by special permit reduce the on-site and off-street parking requirements consistent with these regulations.
[2] 
For multifamily housing, off-street parking shall be provided on-site at a ratio of 1 1/2 spaces per each dwelling unit and shall be located not less than 30 feet from the base of the multifamily dwelling and be easily accessible from a driveway on the site.
[3] 
Existing parking spaces may be counted to meet the minimum off-street parking requirements for an intensified use only if it can be demonstrated that they are not used as of right by existing uses and are exclusively available as of right for said proposed intensification.
[4] 
Circumstances warranting reduction of requirements. The SPGA may reduce or waive required on-site parking if lesser off-street parking is shown to be adequate given such special circumstances as:
[a] 
Use of a common parking area by different uses having different peak hours of demand and where the applicant provides a lease agreement between the necessary parties.
[b] 
Age or other characteristics of occupants which reduce auto usage.
[c] 
Characteristics of use invalidating normal methods of calculating parking demand.
[d] 
Supplementary parking provided off premises.
(b) 
Location of off-street parking spaces.
[1] 
All required off-street parking spaces shall be located on the same lot as the use for which such spaces are required, except that the SPGA may reduce or waive on-site parking required by the Zoning Ordinance for new development located within 500 feet of leased parking, provided that a lease agreement is presented as part of the site plan approval or special permit process and provided that a fee is paid which would be set aside for the creation of future municipal parking facilities to service the district, consistent with a schedule of fees, if any, to be adopted in the Design and Infrastructure Plan. In no case shall leased parking be allowed on land that is residentially zoned for, or in residential use as, a single-family or a two-family dwelling.
(c) 
Parking design standards.
[1] 
Parking areas shall be located to the rear of a building unless such location would have an adverse environmental impact, or is infeasible due to configuration of the site. To the extent that parking cannot be located to the rear of a building, it shall be located to the side of a building to the extent possible.
[2] 
Each off-street parking space shall have a minimum dimension of nine feet by 20 feet, excluding the driveway, and consistent with the dimensional parking requirements set forth in § 240-104, Minimum parking lot design standards, of the Barnstable Zoning Ordinance.
[3] 
Maneuvering space shall be provided so that vehicles need not back onto a public way.
[4] 
Lighting shall not cause glare for motorists, pedestrians or neighboring premises. Full cut-off light fixtures shall be used in which no more than 2.5% of the total output is emitted at 90° from the vertical pole or building wall on which it is mounted.
[5] 
Drainage facilities for each parking area shall be designed and constructed to contain stormwater runoff on the premises.
(d) 
Parking lot landscaping.
[1] 
Trees. One three-inch minimum caliper low-water-use, low-maintenance tree must be provided for every five parking spaces and must be located within 50 feet of the parking lot. Trees shall be maintained and irrigated as necessary and planted within at least 50 square feet of permeable area. Existing trees located in the interior of lots shall be credited towards this requirement.
[2] 
Five or more spaces: A six-foot landscape buffer must be provided between property lines and parking spaces. The landscape buffer must screen parking with a dense hedge providing year-round screening or a fence must be constructed with no more than 50% open space between the panels. Hedges and fences may be subject to other regulation.
[3] 
Ten or more spaces: A six-foot landscape buffer must be provided between a building and a surface area parking lot or drive except at entrances, building loading, and utility locations.
[4] 
Twenty-one or more spaces: at least 10% of the interior parking lot must be landscaped. Planting along the perimeter shall not be considered as part of the 10%. Interior planting beds are ideally continuous to allow for maximum plant bed size and are constructed as rain gardens to control stormwater. No landscaped island shall be less than six feet wide, except that in parking lots with 51 or more parking spaces where the minimum island with shall be 10 feet.
[5] 
Plant materials shall be low-water-use and low-maintenance and be of a sufficient size to create an attractive appearance. A list of recommended plant materials shall be included in the Design and Infrastructure Plan and can be obtained from the Planning Department. Brick or stone mulch shall not be used in place of plant material in landscaped islands. Where mulch is used, it shall not be placed in such a manner that it will wash into catch basins or drainage pipes in the lot or in adjacent roadways.
(e) 
Landscaping of pre-existing parking lots.
[1] 
Upon the expansion of an existing parking lot containing 21 or more parking spaces and/or an alteration of a structure, or a change or extension of a use which increases the parking requirements by five or more spaces according to the standards of §§ 240-48 through 240-58, Schedule of Off-street Parking Requirements, the entire existing parking lot shall be brought into compliance with this section.
(5) 
Landscaping.
(a) 
Existing significant trees and shrubs shall be maintained to the maximum extent possible.
(b) 
The front yard landscaped setback from the road lot line shall be 10 feet, unless otherwise specified.
(c) 
Within the HD, MS, SF, HG and TD Districts, landscaped setback from all residential property lines shall be 20 feet.
(d) 
In addition to natural vegetation that is retained, the front yard landscaped setback shall be landscaped with a combination of indigenous grasses, trees and shrubs commonly found on Cape Cod.
(e) 
All developments must be adequately landscaped with low water use plants and provide habitat value whenever possible. No plantings shall obscure site entrance and exit drives and road intersections. Planting areas should serve as stormwater treatment areas often referred to as "rain gardens." As such they should be designed in a way that they are slightly depressed below adjacent parking or sidewalk grades with run-off directed to these areas. Plantings, while encouraging drought resistance, should be capable of withstanding seasonally wet conditions.
(f) 
Street trees. One deciduous tree with a three-inch minimum caliper is required to be planted within the front setback for every 30 feet of frontage of property if the front setback is greater than zero feet. Trees in paved areas shall have a minimum of 25 square feet of permeable area for growth. Trees in islands shall have a minimum of 50 square feet of permeable area for growth. All landscaped areas shall be continuously maintained, irrigated, and fertilized. Plant materials shall be organically maintained to the maximum extent possible.
(g) 
No occupancy certificate shall be issued until the landscape plan has been implemented according to an approved site plan, except the Building Commissioner may issue an occupancy certificate prior to installation of landscape materials, provided that the applicant posts security with the Town for 150% of the estimated cost of installation of the plant materials.
(6) 
Signage. All development shall comply with the applicable signage requirements contained in Article VII, Sign Regulations, at §§ 240-59 through 240-89, inclusive, of the Barnstable Zoning Ordinance. Internally illuminated signs are prohibited in the Hyannis Village Zoning Districts.
(7) 
Lighting. Reflectors and shielding shall provide total cutoff of all light at the property lines of the parcel to be developed.
(8) 
Fences. No fence shall exceed a height of 6 1/2 feet (eight feet when abutting a nonresidential district) from the grade plane unless a special permit is obtained from the SPGA.
[Added 7-14-2005 by Order No. 2005-100]
A. 
The Planning Board shall establish a Design and Infrastructure Plan (DIP) which shall be adopted after public hearing. The DIP shall establish building and site design standards for all development and shall require, at a minimum:
(1) 
Consistency with the historic and maritime character of the area;
(2) 
Creation of livable neighborhoods for year-round residents;
(3) 
Creating housing opportunities for persons and households of all income levels;
(4) 
Creation of opportunities for pedestrian access and public spaces;
(5) 
Preservation of views and public access to the waterfront;
(6) 
Creation of opportunities for eliminating curb cuts and for creating driveway interconnections, shared driveways, public transit, alternative transportation and/or travel demand management; and
(7) 
Creation of opportunities to foster history, culture and the arts.
B. 
Design review. The DIP shall establish guidelines regarding the appropriateness of the scale, placement, materials, design and detail of buildings, landscapes and settings, and signage. The DIP shall identify buildings and areas of the landscape that are of particular cultural, historical and/or architectural significance and shall establish guidelines for their preservation. The Hyannis Main Street Waterfront Historic District Commission shall implement design review within the Hyannis Village Zoning Districts.
C. 
Infrastructure. The Downtown Hyannis area is the transportation, health care, and commercial hub of Cape Cod. In recognition of this and local growth initiatives for the Downtown Hyannis area, the DIP shall identify the infrastructure and services necessary to support new development and redevelopment, the method or methods of providing such services, and the time schedule for providing those services. Without limitation, the DIP may establish standards related to the following:
(1) 
The Design and Infrastructure Plan shall establish a process for permit applicants to challenge ITE assumptions regarding trip generation (vehicle trips per day). Based upon generally accepted engineering, legal and planning standards, the Design and Infrastructure Plan may modify the definition of peak hour roadway use for specific roadways in the Hyannis Village Zoning Districts and may establish base line traffic counts for existing land uses.
(2) 
The Barnstable Town Council may establish a fee schedule to be included in the DIP, which fee schedule shall establish the fair share contribution of new development and redevelopment. In such case, the DIP shall establish the costs of providing services to new development and redevelopment using generally accepted legal, accounting, and planning principles. In the event the Barnstable Town Council adopts such a fee schedule, it shall be included in the DIP as a severable provision.
(3) 
The DIP shall identify prior Town actions and future opportunities to offset increased development in the Hyannis Village Zoning Districts.
(4) 
The DIP shall identify opportunities to benefit residents and business owners by identifying locations for shared community services, shared parking, shared transit and travel demand management facilities, shared waste management facilities, and similar facilities.
[Added 7-14-2005 by Order No. 2005-100]
A. 
In the interpretation of §§ 240-24.1.1 through 240-24.1.11, the following words and terms are to be used and interpreted as defined herein unless the context otherwise requires. The definitions contained in § 240-128 of the Barnstable Zoning Ordinance shall also apply to § 240-24.1.1 through 240-24.1.11, provided that, in the event of a conflict the definitions below shall apply.
B. 
As used in § 240-24.1.1 through 240-24.1.11, the following terms shall have the meanings indicated:
ACCESSORY USE
A structure or use that is subordinate in building area, building extent, and purpose to the principal use; is customarily incidental and subordinate to the principal use and contributes to the comfort, convenience, or necessity of the principal use; and, is located on the same lot as the principal use.
ART GALLERY
A public or private facility which is operated as a repository or a collection of works of individual art pieces, not mass-produced, consisting of one or more of the following: paintings, drawings, etchings or sculptures; may include the sale of related objects and services.
ARTIST'S LOFT
A place designed to be used as both a dwelling and a place of work by an artist, artisan, or craftsperson, including persons engaged in the application, teaching, or performance of fine arts, such as drawing, vocal or instrumental music, painting, sculpture, photography, graphics, media arts, and writing. The work activities shall not adversely impact the public health, safety, and welfare, or the livability, functioning, and appearance of adjacent property.
AUTOMATED BANKING FACILITY (ATM)
An automated device, which is operated by the customer, that performs banking or financial transactions.
AUTOMOBILE GASOLINE AND REPAIR STATION
A retail establishment engaged in the sale of automotive fuel, motor oil, and/or services, which provides for the routine maintenance of automobiles. Such services may include washing, polishing, greasing, emissions testing, tire repair, wheel alignment, brake repair, muffler replacement, engine tune-up, flushing of radiators, servicing of air conditioners, and other activities of minor repair and servicing.
BANK
A financial institution that is open to the public and engaged in deposit banking, and that performs closely related functions, such as making loans, investments, and fiduciary activities. Walk-in services to consumers are generally provided on site. Drive-through services may be allowed by special permit where banks are allowed as a principal permitted use.
BUILDING HEIGHT
Shall be measured as the vertical distance from the grade plane to the average height of the highest roof plane that also has the highest ridgeline.
BUILDING STORY
The vertical distance from top to top of two successive tiers of beams or finished floor surfaces; and, for the topmost story, from the top of the floor finish to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters.
BUSINESS OFFICES
Include all types of offices, other than professional offices as defined elsewhere in this chapter, which are defined as a room, or group of rooms used for conducting the affairs of a business, service industry, or government entity.
BUSINESS SUPPORT SERVICES
Establishments engaged in the sale, rental, or repair of office equipment, supplies, and materials, or the provision of services used by office, professional, and service establishments. Typical uses include office equipment and supply firms, small business machine or computer repair shops, convenience printing and copying establishments, or hotel equipment and supply firms.
CLINIC, DENTAL OR MEDICAL
A building or portion of a building in which the primary use is the provision of health care services to patients or clients. Such services may include the following: medical, dental, psychiatric, psychological, chiropractic, dialysis, acupuncture, reflexology, mental health professional, physical and/or occupational therapy, related medical services, or a laboratory which provides bacteriological, biological, medical, x-ray, pathological and similar analytical or diagnostic services to doctors or dentists. This definition excludes in-patient or overnight care, animal hospitals, veterinarians, or other similar services. The sale of merchandise is allowed only as an accessory use.
[Amended 3-18-2010 by Order. No. 2010-069]
CONFERENCE CENTER
A facility which provides meeting halls for conferences, seminars, training and other similar functions for large numbers of people. A conference center shall be considered to be an accessory use to a hotel.
CONVENIENCE STORE GAS STATION
A facility associated with the sale of prepackaged food items and other retail goods, primarily for self-service by the consumer which also offers the retail sale of gasoline from pumps.
DESIGN AND INFRASTRUCTURE PLAN
A plan establishing site and building design standards and establishing fair share contributions to infrastructure (impact fees) for new development and redevelopment, as further defined in § 240.24.1.11 herein.
DRIVE-THROUGH WINDOW
This use is prohibited in all districts, with the exception that banks may seek a special permit to construct and operate a drive-through window.
DRIVEWAY/CURB CUT
Any access point onto a roadway. This may include, but is not limited to, an entrance to a parcel, or an intersection with another roadway.
DRIVEWAY INTERCONNECTION
A private driveway connection between two lots that does not require traveling on the public roadway system.
FLOOR AREA RATIO (FAR)
The ratio of gross building area to the lot area on which the building(s) are located. The ratio is calculated by dividing the gross area of said buildings by said lot area.
FRATERNAL OR SOCIAL ORGANIZATION LODGE
A building or land used for the activities of an association of persons for the promotion of some nonprofit common objective, such as literature, science, politics, and good fellowship (not accessory to, or operated as, or in connection with a tavern, eating place, or other place open to the public), which meets periodically and may be limited to members.
GRADE PLANE
A reference plane representing the natural, undisturbed ground level adjoining the proposed building at all exterior walls. Where the ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and a point six feet from the building, or between the building and the lot line, whichever point is closer.
GROUND FLOOR
The floor located at the street level, closest to the naturally occurring grade.
HABITABLE ATTIC
The habitable space between the rafters of a pitched roof and the next floor below.
HABITABLE SPACE
Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space and other similar areas are not considered "habitable space."
HEALTH CLUB
A building or portion of a building designed and equipped for the conduct of exercise and related activities utilizing weight control or muscle building equipment or other apparatus for the purpose of physical fitness, along with customary ancillary activities and facilities.
HIGHEST ROOF PLANE
The roof plane having the highest ridge and having highest average height (exclusive of cupolas and parapets) or the flat roof that is higher than any pitched roof.
HOSPITAL
A facility for the care and treatment of patients as licensed by the Massachusetts Department of Public Health under MGL c. 111, § 51.
HOTEL
One or more buildings providing temporary lodging accommodations offered to the public on a daily rate for compensation. The building or buildings have an interior hall and lobby with access to each room from such interior hall or lobby, supervised by a person in charge at all hours. Accessory uses may include a restaurant, conference center facility, meeting rooms, health club and other customary uses.
HYANNIS VILLAGE ZONING DISTRICTS
The seven Hyannis zoning districts including HVB, MS, SF, OM, HD, HG and TD.
LOT COVERAGE, MAXIMUM
A measure of the portion of a site that is impervious (i.e., does not absorb water), including but not limited to all areas covered by buildings, structures, parked surfaces and structures, driveways, roads, sidewalks and any area of concrete asphalt, except as otherwise defined herein. The remaining area of a site shall be maintained as natural vegetation or landscaped area.
MIXED-USE DEVELOPMENT
Development including residential and nonresidential principal permitted uses on a single lot and including at least 33% residential development for three-story buildings.
MOTEL
One or more attached or detached buildings providing residential room accommodations intended primarily for sleeping which are rented out to the public on a daily rate, where each room has a separate entrance leading directly outside the building.
MULTIFAMILY HOUSING
A structure containing three or more dwelling units, or apartments, each of which shall contain separate living, sleeping, cooking, and bathroom facilities for the families residing there.
MUSEUMS
A public or private facility, including an aquarium, established for preserving and exhibiting artistic, historical, scientific, natural or man-made objects of interest, designed to be used by members of the public for viewing, with or without an admission charge. Such activity may include, as an accessory use, the sale of memorabilia, crafts work and artwork, and the holding of meetings and social events.
NURSING HOME
A facility for the aged or chronically ill, providing bed-care and in-patient services for persons requiring regular medical attention, but excluding a facility providing surgical or emergency medical services.
OFFICE, DENTAL OR MEDICAL
A building or portion of a building in which the primary use is the provision of health-care services to patients or clients by an appointment only. Appointments limited to the hours between 7:00 a.m. to 7:00 p.m., Monday through Friday, and Saturday from 7:00 a.m. to 1:00 p.m. Such services may include the following: medical, dental, psychiatric, psychological, chiropractic, dialysis, acupuncture, reflexology, mental health professional, physical and/or occupational therapy, related medical services, or a laboratory which provides bacteriological, biological, medical, x-ray, pathological and similar analytical or diagnostic services to doctors or dentists. This definition excludes in-patient or overnight care, animal hospitals, veterinarians, or other similar services. The sale of merchandise is allowed only as an accessory use.
[Added 3-18-2010 by Order No. 2010-069]
PACKAGING AND DELIVERY SERVICES
The packaging and delivery of parcels as a retail service use. It shall not include the bulk storage of parcels on-site but may include the sale of ancillary goods typically used in the packaging and shipping of parcels.
PARKING FACILITY
When identified as a permitted principle use within a zoning district, refers to either structured parking (such as a multi-level parking garage or parking deck), or a surface parking lot, which is not an accessory use to another permitted use in the district.
PEAK-HOUR ROADWAY USE
For Monday through Friday, peak morning (7:30 a.m. to 9:30 a.m.) and peak evening (4:00 p.m. to 6:00 p.m.) roadway use; for Saturday, 10:00 a.m. to 12:00 p.m. roadway use. Based upon accepted engineering, legal and planning standards, the Design and Infrastructure Plan may change, modify or expand the definition of peak hour roadway use for specific roadways in the Hyannis Village Zoning Districts.
PERFORMING ARTS FACILITY
An enclosed space suitable for a variety of cultural arts performances, permanently available for the primary principal use of public performing arts presentations, such as plays, dances, and concerts, although incidental use for private meetings, exhibits and presentations shall be permitted. Such space may also include studios, classrooms, and galleries.
PERSONAL SERVICES ESTABLISHMENT
An establishment engaged in the provision of frequent or recurrent needed services of a personal nature. Typical uses include, but are not limited to, barbershop, beauty shop, dry cleaner, tailor, or other similar services, but shall not include a public laundry where clothing is laundered on-site.
PROFESSIONAL OFFICES
The office of a member of a recognized profession maintained for the conduct of that profession. A "profession" is defined as an occupation requiring training in the liberal arts or sciences, or combination thereof, requiring advanced study in a specialized field, any occupation requiring licensing by the state and maintenance of professional standards applicable to the field. This category excludes medical and dental offices and clinics but includes lawyers and realtors.
PUBLISHING AND PRINTING ESTABLISHMENT
The publishing and printing of information as a retail service use. It shall not include the bulk publishing or printing of paper documents on-site, but may include the sale of ancillary goods typically used in the publishing and printing of information.
RAIN GARDEN
A bowl-shaped landscape area designed to absorb stormwater runoff from impervious surfaces. It cleanses water of pollutants by filtering water through soil and plants.
RECREATIONAL ESTABLISHMENT
An establishment engaged in the provision of public recreational services, including bowling and billiards, but not including miniature golf and video arcades.
REPAIR SERVICES
Repair and servicing of appliances, computers, electronic equipment, tools and other small machinery common to homes and businesses, not to include any appliances, tools or small machinery that are powered by hydrocarbon fuel.
RESEARCH AND DEVELOPMENT FACILITY
A business that engages in research and development of innovative ideas and technology. Examples include research and development of computer software, information systems, communication systems, transportation, multi-media and video technology. Development and construction of prototypes may be associated with this use.
RESTAURANT
An establishment where food and/or beverages are prepared, served, and consumed, and whose principal method of operation includes one or both of the following characteristics: customers are normally provided with an individual menu and served their food and beverages by a restaurant employee at the same table or counter where the items are consumed; or a cafeteria-type operation where food and beverages generally are consumed within the restaurant building. This category excludes drive-through restaurants.
RESTAURANT, DRIVE-THROUGH
An establishment whose primary business is serving food to the public for consumption on or off the premises, and which provides all or part of these services by means of a drive-through window. A "drive-through window" is defined as an opening in the wall of a building or structure designed and intended to be used to provide for sales to and/or service to patrons who remain in their vehicles.
RETAIL USES
A business or activity having as its primary function the sale of merchandise or wares to the end consumer (for example, grocery stores, hardware stores, apparel stores, bookstores); or establishments engaged in the rental of goods at retail, or in providing a service(s) to individuals and households (for example, travel agents or real estate sales offices). This category excludes animal sales or service; bulk retail sales or rental of building and garden materials or equipment (for example, lumber, electrical and heating fixtures, plant nurseries); and motor vehicle retail or wholesale sales and related equipment sales, leasing, rental, or repair.
RETIREMENT HOUSING
A facility for long-term residency exclusively by persons 60 years of age or older, which provides independent living and/or assisted living arrangements, and which may include common dining and social and recreational features, and special safety and convenience features designed for the needs of the elderly. The facility may also include the provision of services, such as meal services, transportation, housekeeping, personal care, or health care. Such a facility shall not be construed to mean a nursing home, group home, or residential treatment center.
SPGA
The special permit granting authority, which shall be the Barnstable Planning Board.
STREET LINE
The edge of the public layout of the street, or public right-of-way as defined by the sidewalk, whichever is greater.
TOTAL FLOOR AREA
Gross floor area as defined in § 240-128 of the Barnstable Zoning Ordinance, and shall include additions and auxiliary buildings.
TOWNHOUSE
A single dwelling unit which is not above or below another dwelling unit and whose side walls are separated from other dwelling units by a fire wall or walls. Each unit in the row may be owned by a separate owner.
VEHICLE TRIPS PER DAY
As defined by the Institute of Transportation Engineers' (ITE) Trip Generation Manual, 7th Edition, as that publication may be amended from time to time, provided, however, that the Design and Infrastructure Plan shall establish a process for permit applicants to challenge ITE assumptions regarding trip generation, and the Design and Infrastructure Plan may establish existing vehicle trips per day for a particular use or uses in the Hyannis Village Zoning Districts.
WORKFORCE HOUSING
Residential dwelling units, offered for sale or rent, affordable to families earning between 81% and 120% of the area median income, as defined by the U.S. Department of Housing and Urban Development, and provided within a multifamily structure. Such residential dwelling units shall remain affordable in perpetuity and shall provide a deed restriction, regulatory agreement and monitoring agreement and similar documentation as may be required by and approved by the Barnstable Town Attorney.
[Added 6-17-2010 by Order No. 2010-122]
A. 
Principal permitted uses. The following uses are permitted in the Marstons Mills Village Zoning District (MMVD). Uses not expressly allowed are prohibited.
(1) 
Professional or business office.
(2) 
Medical or dental office.
(3) 
Branch office of a bank or credit union, excluding drive-through banking.
(4) 
Small-scale retail.
(5) 
Small-scale food service.
(6) 
Mixed use development where the building footprint does not exceed 5,000 square feet and total gross floor area does not exceed 10,000 square feet with retail or office use on the first floor, residential apartment units above not to exceed four apartment units.
(7) 
Bed-and-breakfast within an owner-occupied single-family residential structure subject to the provisions of § 240-11C(6) except Subsection C(6)(b) [1] and [2]. No more than six total rooms shall be rented to not more than 12 total guests at any one time. For the purposes of this section, children under the age of 12 years shall not be considered in the total number of guests.
(8) 
Single-family residential dwelling (detached).
B. 
Accessory uses. In addition to Article V, Accessory Uses, herein, the following uses are also permitted as accessory uses in the MMV District.
(1) 
Apartment incidental to a nonresidential use.
(2) 
Automated banking facilities (ATM) within a principal building or a walk-up ATM facility located in a side or rear yard.
C. 
Conditional uses. The following uses are permitted as conditional uses in the MMV District, provided that a special permit is first obtained from the Zoning Board of Appeals, subject to the provisions of § 240-125C herein and the specific standards for such conditional uses as required in this section:
(1) 
Mixed use development in excess of that permitted as of right above provided that:
(a) 
The building footprint does not exceed 5,000 square feet and total gross floor area of the building does not exceed 13,300 square feet;
(b) 
Retail or office use on the first floor with residential apartment units above;
(c) 
The number of residential apartment units does not exceed seven;
(d) 
Effluent from the on-site septic system for the mixed use development complies fully with all Board of Health regulations without relief or variances from the Board of Health nitrogen standard for this area; and
(e) 
The location of the mixed use development is appropriate and compatible with abutting uses and supports abutting uses.
(2) 
Health clubs.
(3) 
Artist's lofts.
(4) 
Art galleries.
(5) 
Museums.
(6) 
Performing arts facilities.
(7) 
Educational institutions.
(8) 
Bed-and-breakfast inns within an owner-occupied structure that exceed the provisions of accessory uses permitting, provided that the on-site septic system complies fully with all current Board of Health regulations.
(9) 
Not-for-profit fraternal or social organizations.
D. 
Special permit standards. In addition to the standards for the grant of a special permit set forth in § 240-125C, the grant of any special permit within the MMVD requires findings to support that the development meets one or more of the following criteria:
(1) 
The development maintains or improves pedestrian access and outdoor public spaces.
(2) 
The development contributes to the historic character of the Marstons Mills Village area.
(3) 
The development eliminates or minimizes curb cuts and driveways on Route 149 and River Road.
E. 
Bulk regulations.
Minimum Yard Setbacks
Minimum Lot Area
(square feet)
Minimum Lot Frontage
(feet)
Front4
(feet)
Side
(feet)1
Rear
(feet)1
Maximum Building Height
(feet)
Maximum Coverage by Structures as a Percentage of Lot Area3
10,000
20
10
0
0
302
20%
Notes:
1 A minimum thirty-foot side or rear yard setback is required where lot boundaries abut a residential district.
2 Or 2 1/2 stories, whichever is less, and except that:
The maximum building height may be increased to 36 feet when the roof pitch is at least six in 12.
Accessory rooftop equipment may extend to 36 feet, provided that it is set back from all exterior wall(s) by at least 10 feet, and is enclosed or screened with materials compatible with the building, and the equipment and screening are not visible from the ground. Accessory equipment shall not exceed 20% of the roof area.
3 30% of the total upland area of the lot shall remain pervious and may contain landscaping, tree plantings, mulch or natural vegetation including the requirements of § 240-53.
4 Front yard landscape setback from the road lot line shall be 10 feet. Existing trees and shrubs shall be retained within the road right-of-way and within the required front yard landscaped setback and supplemented with other landscape materials, in accordance with accepted landscape practices. Where natural vegetation cannot be retained, the front yard landscaped setback shall be landscaped with a combination of grasses, trees and shrubs commonly found on Cape Cod. A minimum of one street tree with a minimum caliper of 3.0 inches shall be provided per 30 feet of road frontage distributed throughout the front yard setback area. No plantings shall obscure the site at entrance and exit drives and road intersections. All landscaped areas shall be continuously maintained, substantially in accordance with any site plan approved pursuant to Article IX herein.
F. 
Special permit for dimensional relief. The SPGA may provide relief from minimum yard setbacks where the boundary does not abut a residential district, facade length requirements or ground floor window requirements when such relief is consistent with this section and § 240-125C.
G. 
Nonconforming use limitations. Within the MMVD the change of a nonconforming use to another nonconforming use is prohibited notwithstanding the provisions of § 240-94A. A nonconforming use shall only be permitted to change to a principal permitted use as of right or to a conditional use as provided for by the grant of a special permit pursuant to § 240-24.2C and D herein.
H. 
Corporate branding. Buildings, colors, signage, architectural features, text, symbols, graphics, other attention-getting devices and landscape elements that are trademarked, branded or designed to identify with a particular formula business chain or corporation is prohibited. All structures and sites shall be designed to include architectural and design elements that are consistent with the MMVD architectural composition, character, and historic context. Interior corporate branding elements shall not be visible to the street through windows, doors or any other means. The Town will work with applicants to adapt critical functional features of prototype plans to their sites, but will not accept standard plans, building forms, elevations, materials, or colors that do not relate to the site, adjacent development or Marstons Mills community character.
I. 
Design guidelines. Within the MMVD the following design guidelines shall apply to all new buildings and structures and/or expansions and alteration to existing buildings and structures as follows:
(1) 
Facade and roof standards.
(a) 
Facade length. Buildings or portions of a building with a mass over 50 feet wide must divide their elevations into smaller parts. A pronounced change in massing, pronounced changes in wall planes and introducing significant variations in the cornice/roofline are all possible methods to accomplish the desired divisions of elevations into smaller parts.
(b) 
Roof pitch. Roof pitch for new structures and additions to existing structures shall be within the range of roof pitches found on the main roofs of existing structures within the MMVD. Flat roofs may extend up to 20 linear feet only in combination with other pitched roof elements by right or, if greater than 20 feet with other pitched roof elements, through a special permit.
(c) 
Roofline variation. Roofline variation is achieved by visually and physically changing roof direction or off-setting roof peaks and ridgelines, both horizontally and vertically. The roofline shall be varied on all elevations visible from a street, parking area, or public space. Individual segments of the roofline shall not extend more than 30 feet in width measured horizontally.
(2) 
Ground floor windows. Religious institutions are exempt from ground floor window requirements.
(a) 
All new nonresidential development or redevelopment shall provide ground floor windows for facades facing the street, including windows that allow views into working areas or lobbies, pedestrian entrances, or display windows. The glazing pattern shall be aligned in regular and traditional patterns found within the MMVD.
(b) 
In new and redeveloped nonresidential structures, windows that block two-way visibility, such as darkly tinted and mirrored windows, are prohibited as ground floor windows along street facades.
(c) 
In new and redeveloped nonresidential structures, any wall that is within 30 feet of the street shall contain at least 20% of the ground floor wall area facing the street in display areas, windows, or doorways. Blank walls, including walls that do not include display areas, windows, architectural features, and/or doorways, are prohibited.
(3) 
All structures within the MMVD shall utilize at least four of the following design features:
(a) 
Gables.
(b) 
Offsets on the building face or roof of at least two inches.
(c) 
Gable dormers.
(d) 
Cupolas or other appropriate roof elements.
(e) 
Covered porch or recessed entry area.
(f) 
Window shutters.
(g) 
Horizontal lap siding.
(h) 
Wood shingles.
(4) 
Divided light windows metal-sided buildings are prohibited within the Marstons Mills Village District.
(5) 
Drive-through and drive-up windows are prohibited within the Marstons Mills Village District.
(6) 
The design of all structures and materials selected for their exterior surfaces will utilize scale, color and materials that enhance and promulgate the traditional small-scale village character currently found in the MMVD.
(7) 
Signs. In addition to compliance with Article VII, Sign Regulations, the following restrictions shall also apply to all signs in the MMVD.
(a) 
Internally illuminated signs, halo and backlit signs are prohibited in the MMVD.
(b) 
Business identity, either by awnings, accent bands, paint or other applied color schemes, signage, decorative roof details or materials should not be the dominant architectural feature.
J. 
Site development standards. In addition to Article IX, Site Plan Review, and Article VI, Off-Street Parking, the following additional requirements shall apply within the MMVD.
(1) 
Loading docks. Loading docks shall be screened from Route 149, River Road and Main Street with landscaping or fencing materials of an appropriate scale.
(2) 
To the greatest extent feasible, all new parking areas shall be located to the side and rear of the building. Parking is not permitted in the required front yard setback with the exception of parking required by ADA compliance as determined by the Building Commissioner.
(3) 
Curb cuts and driveways.
(a) 
Shared driveways and parking area interconnections are strongly encouraged. No more than one curb cut on Route 149, River Road and Main Street shall be allowed for any lot. For traffic safety and to maintain traffic flow, no new driveways shall be permitted on Route 149, River Road and Main Street within 200 feet of any intersection.
(b) 
Driveways shall not exceed the width required by site plan review
(4) 
Lighting.
(a) 
All developments shall use full cutoff light fixtures for exterior lighting in which no more than 2.5% of the total output is emitted at 90° from the vertical pole or building wall on which it is mounted.
(b) 
Flood, area and up lighting is prohibited.
K. 
Definitions. The following terms are defined for the purpose of the MMVD and shall not be construed to apply to other regulations.
APARTMENT
One or more rooms with private bath and kitchen facilities comprising an independent self-contained rental dwelling unit (a unit not owned in fee simple) located in a building where the principal use is nonresidential.
MIXED USE DEVELOPMENT
Development including at least one residential unit and at least one nonresidential use on a single lot or several nonresidential uses on a single lot. In the MMV District, for every four apartment units permitted, one of those units shall be dedicated as affordable in addition to the provisions of Chapter 9, Article I, Inclusionary Affordable Housing Requirements.
SMALL-SCALE FOOD SERVICE
An establishment where food is served to customers by wait staff. Small-scale food service does not include restaurants designed to serve a large volume of customers. Small-scale food service is subject to corporate branding limitations as described herein. These uses are intended to increase pedestrian traffic.
SMALL-SCALE RETAIL
Small stores and businesses, including but not limited to, corner groceries, artist space, bookstore, galleries and other small retail uses typically found in small New England towns. Small-scale retail does not include retail or commercial buildings or storage designed to serve a large volume of customers, e.g. gasoline and oil filling stations, garages for automotive or machine repair. Small-scale retail is subject to corporate branding limitations as described herein. These uses are intended to increase pedestrian activity.
[Amended 11-7-1987 by Art. 1; 5-7-1988 by Art. 4; 3-11-1999 by Order No. 99-058; 12-20-2018 by Order No. 2019-032]
A. 
Purpose. The proposed amendments to the Highway Business District strive to encourage investment in Barnstable's aging commercial corridors and respond to current market demands, while promoting an increase in property values, appropriate protection for adjacent residential land uses, and Barnstable's unique character and exceptional quality of life.
B. 
Principal permitted uses. The following uses are permitted in the HB Business District:
(1) 
Art galleries.
(2) 
Artisan, craftspersons, and meakers.
(3) 
Artists' lofts.
(4) 
Bank.1
(5) 
Bed-and-breakfasts, subject to the provisions of § 240-11C(6).
(6) 
Business support services.
(7) 
Dwelling, single-family.
(8) 
Dwelling, two-family.
(9) 
Dwelling, multifamily.
(10) 
Educational institutions.
(11) 
Fraternal or social organizations.
(12) 
Health club.
(13) 
Mixed use development.
(14) 
Movie theatre.
(15) 
Museums.
(16) 
Office, business and professional.
(17) 
Office, dental or medical.
(18) 
Performing arts facilities.
(19) 
Personal service establishments.
(20) 
Recreational establishment.
(21) 
Research and development, technological and computer research, software development and data processing including computer operations services.
(22) 
Restaurant and other food establishment.1
(23) 
Retail and wholesale.1
(24) 
Senior living, assisted living
(25) 
Senior living, nursing homes.
(26) 
Veterinary hospital/clinic.2
1 Drive-throughs shall be permitted accessory to such use, subject to the issuance of a Special Permit pursuant to § 240-25C herein.
2 The landscape setback from all residential property lines shall be 20 feet. Within the landscape buffer, existing mature trees shall be retained and shall be supplemented with plantings that will provide dense year-round screening, or a solid fence with landscape plantings on the residential side.
3 Parking areas for commercial vehicles and any exterior areas used for loading or storage and dumpsters shall be screened from view from the public way.
C. 
Conditional uses. The following uses are permitted as conditional uses in the HB District, provided that a special permit is first obtained from the Zoning Board of Appeals subject to the provisions of § 240-125C herein and subject to the specific standards for such conditional uses as required in this section, and to a finding that such uses do not substantially adversely affect the public health, safety, welfare, comfort or convenience of the community:
(1) 
Auto service and repair shops.1
(2) 
Building, sale, rental, storage and repair of boats.1
(3) 
Car rental services.1
(4) 
Contractors' yards.1, 2
(5) 
Funeral home or mortuary.1
(6) 
Hotel and motel, subject to the provisions in § 240-22F.1[1]
[1]
Editor's Note: So in original.
(7) 
Manufacturing, light and industrial uses.1, 2
(8) 
Retail, gasoline or diesel.1
(9) 
Warehouse or distribution.1, 2
(10) 
Drive-throughs for banks, retail uses, and restaurants and other food service establishments.
(11) 
Contractor service establishments.1, 2
1 The landscape setback from all residential property lines shall be 10 feet. Within the landscape buffer, existing mature trees shall be retained and shall be supplemented with plantings that will provide dense year-round screening, or a solid fence with landscape plantings on the residential side.
2 Parking areas for commercial vehicles and any exterior areas used for loading or storage and dumpsters shall be screened from view from the public way.
D. 
Bulk regulations.
Minimum Yard Setbacks (Feet)
Zoning District
Minimum Lot Area
(square feet)
Minimum Lot Frontage
(feet)
Minimum Lot Width
(feet)
Front
Rear
Side
Maximum Building Height
(feet)
Maximum Lot Coverage as % of Lot Area
HB
15,000
20
100
201, 2
20
10
383
30
1 Forty feet along Route 28 and Route 132.
2 The front yard setback shall be a landscape setback in which existing trees and shrubs shall be retained within and supplemented with other landscape materials in accordance with accepted landscape practices. Where natural vegetation cannot be retained, the front yard landscape setback shall be landscaped with a combination of grasses, trees and shrubs commonly found on Cape Cod. A minimum of one street tree with a minimum caliper of three inches shall be provided per 30 feet of road frontage and distributed throughout the front yard landscape setback area. No plantings shall obscure site entrance and exit drives and/or road intersections. All landscape areas shall be continuously maintained substantially in accordance with Article IX herein.
3 Or three stories, whichever is lesser.
E. 
District-wide design and performance standards.
(1) 
Applicability.
(a) 
Design and performance standards for the Highway Business District are provided in this subsection. Design and performance standards shall apply to expansions and modifications and new development as defined herein. Design and performance standards shall not apply to changes of use or tenancy changes in an existing building or expansions or modifications below the thresholds defined in Subsection E(1)(a)[1].
[1] 
Expansions or modifications. A project shall be considered an expansion or modification where any alterations to an existing building are proposed that exceed the following thresholds, but do not meet the designation of New Development as described in Subsection E(1)(b) below:
[a] 
An expansion of the footprint of a building by more than 20%.
[b] 
More than 50% of the exterior walls or 50% of the roof area are completely removed or replaced.
[i] 
Alterations to existing structures to accommodate second- or third-floor additions shall not be considered for the purposes of calculating this subsection.
[2] 
Changes to the interior of a structure or the addition of accessory equipment shall not be considered when determining what constitutes an expansion or modification.
(b) 
New development. A project shall be considered new development where a building for a principal use is proposed for construction that did not previously exist within the HB. New development may include new construction or demolition and reconstruction.
(2) 
Building design standards.
(a) 
In addition to the site plan review submittal requirements of § 240-102, architectural elevations shall be submitted.
(b) 
Building facades.
[1] 
Building facades shall not contain blank wall areas that exceed 25 linear feet, measured parallel to the street.
[2] 
New development shall vary the building footprint so that there are pronounced changes in the wall planes and building mass as defined herein. For every 50 linear feet of facade, at least 10 feet projection or setback in the facade should be accommodated. The recess or projection can be split into several components, but changes in the facade line of 10 feet or greater are most likely to reduce the visual impact of the building mass.
(c) 
Building entries.
[1] 
All buildings shall have an orientation to and entrance from the sidewalk along the primary building frontage. Entrances shall be visually distinctive from the remaining portions of the facade along which they are located.
(d) 
Roof.
[1] 
Parapet walls along the roof shall feature three-dimensional cornice treatments or other shadow-creating details.
(e) 
Building materials.
[1] 
The following building materials are prohibited on any facade:
[a] 
Plain concrete block.
[b] 
Glass block.
[c] 
Exposed aggregate (rough finish) concrete wall panels.
[d] 
Plastic.
[e] 
Corrugated metal.
(f) 
Multitenant centers. Multitenant retail centers shall comply with the following additional design standards.
[1] 
A cohesive character is required through the use of coordinated building design, hardscape treatment (special paving materials, lighting, etc.) and landscaping.
(3) 
Parking lot design standards.
(a) 
All new development shall comply with § 240-54, Location of parking lot in relation to buildings, which states: "Parking lots shall be located to the rear or side of a building unless such location would have an adverse environmental impact or is infeasible due to configuration of the site."
(4) 
Site design standards.
(a) 
Sites shall incorporate safe pedestrian access to the building(s) from the public right-of-way and safe pedestrian circulation within the development. Where pedestrian connections cross primary vehicular driveways or aisles, the walkways shall be designed to clearly show the space is dedicated to pedestrian traffic through the use of raised or alternative surfaces.
(b) 
Parking areas shall include provisions for the "parking" of bicycles in bicycle racks in locations that are safely segregated from automobile traffic and parking. For parking areas of 10 or more spaces, bicycle racks facilitating locking shall be provided to accommodate one bicycle per 20 parking spaces or fraction thereof.
(5) 
Screening.
(a) 
Storage areas, loading docks, rooftop equipment, utility buildings, dumpsters and similar features shall be screened so as not to be visible to a pedestrian from within the right-of-way of a street abutting the property containing the building. The screening shall complement the design of the building through the use of similar materials, colors, finishes and architectural details. Plant materials may be used for ground level screening.
(b) 
Access. Driveways on Route 28, Route 132 and West Main Street shall be minimized. All driveways and changes to driveways shall:
[1] 
Provide the minimum number of driveways necessary to provide safe and convenient vehicular and emergency vehicle access.
[2] 
Provide shared access with adjacent development where feasible.
[3] 
Provide a driveway interconnection between adjacent parcels to avoid short trips and conflicts on the main road.
F. 
Definitions. The following terms are defined for the purpose of the HB and shall not be construed to apply to other regulations:
ARTISAN, CRAFTSPERSONS AND MAKERS
A small-scale use employing people who practice manual skills to produce ornamental or functional works in limited quantities. A key feature of works produced by artisans, craftspeople or makers is the high degree of manual or specialized technical expertise involved. Examples include artists or makers in a variety of mediums, designers, and art conservation.
ARTIST'S LOFT
A place designed to be used as both a dwelling and a place of work by an artist, artisan, or craftsperson, including persons engaged in the application, teaching, or performance of fine arts, such as drawing, vocal or instrumental music, painting, sculpture, photography, graphics, media arts, and writing. The work activities shall not adversely impact the public health, safety, and welfare, or the livability, functioning, and appearance of adjacent property.
AUTO SERVICE AND REPAIR SHOPS
A facility for the general repair and maintenance of motor vehicles, including motor vehicle inspections and car washes. This definition shall exclude vehicle dismantling or salvage.
CONTRACTOR SERVICE ESTABLISHMENTS
Wholesale sales and distribution of building materials including plumbing, carpentry, lumber, electrical, heating and air conditioning, and other similar service or repair businesses; associated showrooms and sales/display space customarily accessory to such uses.
CONTRACTORS' YARDS
Landscaping, construction and site preparation, and other similar service businesses, provided that all outdoor storage of building materials, trucks and landscaping equipment and materials, are screened from view from public ways.
EDUCATIONAL INSTITUTIONS
A public or private facility that offers in-classroom instruction at the PreK-12 or post-secondary levels. The institution may also have research facilities and/or professional schools that grant master and doctoral degrees. "Educational institutions" also include facilities that offer in-classroom vocational instruction in industrial, clerical, computer, managerial, automotive, repair (electrical, plumbing, carpentry, etc.), or commercial skills, or a business conducted as a commercial enterprise, such as a school for general educational development or driving school.
FRATERNAL OR SOCIAL ORGANIZATIONS
A building or land used for the activities of an association of persons for the promotion of some nonprofit common objective, such as literature, science, politics, and good fellowship (not accessory to, or operated as, or in connection with a tavern, eating place, or other place open to the public), which meets periodically and may be limited to members.
FUNERAL HOME OR MORTUARY
An establishment providing services such as preparing the human dead for burial and arranging and managing funerals, and may include limited caretaker facilities. This classification excludes cemeteries, crematoriums, and columbariums.
HEALTH CLUB
A facility for the purpose of physical exercise or wellness open only to members and guests or open to the public for a fee. It shall include health and fitness clubs, and specialty fitness uses, such as yoga studios or cross-fit facilities and may include customary accessory uses.
MIXED USE DEVELOPMENT
Development including at least one residential unit and at least one nonresidential use on a single lot; or development including several nonresidential uses on a single lot.
MUSEUMS
A public or private facility, including an aquarium, established for preserving and exhibiting artistic, historical, scientific, natural or man-made objects of interest, designed to be used by members of the public for viewing, with or without an admission charge. Such activity may include, as an accessory use, the sale of memorabilia, crafts work and artwork, and the holding of meetings and social events.
OFFICE, DENTAL OR MEDICAL
A building or portion of a building in which the primary use is the provision of health-care services to patients or clients by an appointment only. Such services may include the following: medical, dental, psychiatric, psychological, chiropractic, dialysis, acupuncture, reflexology, mental health professional, physical and/or occupational therapy, related medical services, or a laboratory which provides bacteriological, biological, medical, x-ray, pathological and similar analytical or diagnostic services to doctors or dentists.
PERFORMING ARTS FACILITY
An enclosed space suitable for a variety of cultural arts performances, permanently available for the primary principal use of public performing arts presentations, such as plays, dances, and concerts, although incidental use for private meetings, exhibits and presentations shall be permitted. Such space may also include studios, classrooms, and galleries.
PERSONAL SERVICE ESTABLISHMENT
An establishment engaged in the provision of frequent or recurrent needed services of a personal nature. Typical uses include, but are not limited to, barbershop, beauty shop, dry cleaner, tailor, or other similar services.
RECREATIONAL ESTABLISHMENT
An establishment engaged in the provision of public recreational services, including bowling and billiards.
RETAIL, GASOLINE AND/OR DIESEL
A facility where gasoline, diesel or any other automotive engine fuel is stored only in underground tanks and offered for sale directly to the public on the premises. Retail, gasoline and/or diesel shall be subject to the requirements of § 240-35, Groundwater Protection Overlay Districts.
SENIOR LIVING, ASSISTED LIVING
A combination of housing, ancillary support services and personalized care that is designed to respond in a homelike setting to the individual needs of adults requiring help with activities of daily living, but who do not require the skilled medical care provided in a nursing home.
SENIOR LIVING, NURSING HOMES
A facility, including for the aged or chronically ill, providing bed-care and in-patient services for persons requiring regular medical attention, but excluding a facility providing surgical or emergency medical services and including skilled nursing care facilities.
VETERINARY HOSPITAL/CLINIC
A facility maintained by or for the use of a licensed veterinarian in the diagnosis, treatment, or prevention of animal diseases and injuries. Use as a kennel shall be limited to short-term boarding and shall be only incidental to such hospital use.
A. 
Standards applicable to all uses within the HO Highway Office District:
(1) 
Naturally occurring vegetation, including trees shall be incorporated into the design of the site wherever possible, and natural vegetation shall be retained in landscaped buffer areas to the maximum extent feasible. The limit of clearing shall be indicated on plans submitted to site plan review pursuant to Article IX herein. No clearance of vegetation shall occur prior to submission to site plan review.
(2) 
No nonresidential development shall have principal vehicular access through a single-family residentially zoned area, or principal vehicular access via a road located in a single-family residential zoning district.
(3) 
Building and site design shall, in so far as practical, conform to officially published, local and regional design guidelines applicable to Cape Cod.
B. 
Principal permitted uses. The following uses are permitted in the HO Highway Office Zone:
(1) 
Business, professional and governmental office; bank, including drive-through facilities.
(2) 
Medical, dental office and clinic, including patient treatment facilities.
(3) 
Technological and computer research, data processing; computer operations.
(4) 
Publishing and printing operations.
C. 
Accessory uses. (Reserved for future use.)
D. 
Conditional uses. (Reserved for future use.)
E. 
Special permit uses. (Reserved for future use.)
F. 
Bulk regulations.
[Amended 7-16-1998 by Order No. 98-133; 3-11-1999 by Order No. 99-056; 3-11-1999 by Order No. 99-058]
Minimum Yard Setbacks
(feet)
Zoning Districts
Minimum Lot Area
(square feet)
Minimum Lot Frontage
(feet)
Minimum Lot Width
(feet)
Front
Side
Rear
Maximum Building Height
(feet)
Maximum Floor Area Ratio 2
HO
2 acres
200
45
15
20
301
0.3
1
Or two stories, whichever is lesser.
3
Floor area ratio (FAR) is the ratio of gross building square feet to lot area.
NOTE: Front yard landscaped setback from the road lot line: 45 feet. Existing trees and shrubs shall be retained within the road right-of-way and within the required front yard landscaped setback. Where natural vegetation cannot be retained, the front yard landscaped setback shall be landscaped with a combination of grasses, trees and shrubs commonly found on Cape Cod. A minimum of one street tree with a minimum caliper of three inches shall be provided per 30 feet of road frontage distributed throughout the front yard setback area. No plantings shall obscure site at entrance and exit drives and road intersections. All landscaped areas shall be continuously maintained, substantially in accordance with any site plan approved pursuant to Article IX herein.
(1) 
Dimensional requirements.
(2) 
Landscape buffer:
(a) 
Landscape buffer from side yard: 10 feet.
(b) 
Landscape buffer from rear yard: 20 feet.
(c) 
Natural vegetation shall be retained in landscape buffers and supplemented, or replanted where natural vegetation has been lost, with similar plant materials common to Cape Cod, including bushes, trees and ground cover.
[Amended 7-16-1998]
A. 
Principal permitted uses. The following uses are permitted in the S&D District:
(1) 
Retail store.
(2) 
Professional/business office.
(3) 
Bank.
(4) 
Personal service store/shop.
(5) 
Warehouse and distribution facility.
(6) 
Servicing, storing and processing of goods in transit.
(7) 
Facilities for service-type trades, including shops and storage yards.
B. 
Accessory uses. The following uses are permitted as accessory uses in the S&D district.
(1) 
Offices, garages and related facilities for uses listed as principal permitted uses in Subsection A herein.
C. 
Conditional uses. The following uses are permitted as conditional uses in the S&D District provided a special permit is first obtained from the Zoning Board of Appeals subject to the provisions of § 240-125C herein and subject to the specific standards for such conditional uses as required in this section:
(1) 
Full-service restaurants and delicatessens.
(2) 
Kennels as defined in MGL Ch. 140, § 136A, or other similar facilities for the breeding, boarding, sale or training and related treatment of common domestic pets subject to the following:
(a) 
The Board may impose reasonable conditions, including without limitation, measures for security and the reduction or containment of noise so as to render such uses as inoffensive as practicable.
(3) 
Windmills and other devices for the conversion of wind energy to electrical or mechanical energy, but only as an accessory use
(4) 
Public or private regulation golf courses subject to the provisions of § 240-11C(2) herein.
D. 
Special permit uses. (Reserved for future use.)
E. 
Bulk regulations.
Minimum Yard Setbacks (feet)
Zoning Districts
Minimum Lot Area
(square feet)
Minimum Lot Frontage
(feet)
Minimum Lot Width
(feet)
Front
Side
Rear
Maximum Building Height
(feet)
Maximum Lot Coverage as % of Lot Area
S&D
43,560
20
160
60
25
40
301
25
1
Or two stories, whichever is lesser.
NOTE: Front yard landscaped setback from the road lot line:
S &D: 20 feet, 60 feet from Route 28.
Existing trees and shrubs shall be retained within the road right-of-way and within the required front yard landscaped setback and supplemented with other landscape materials, in accordance with accepted landscape practices. Where natural vegetation cannot be retained, the front yard landscaped setback shall be landscaped with a combination of grasses, trees and shrubs commonly found on Cape Cod. A minimum of one street tree with a minimum caliper of three inches shall be provided per 30 feet of road frontage distributed throughout the front yard setback area. No plantings shall obscure site at entrance and exit drives and road intersections. All landscaped areas shall be continuously maintained, substantially in accordance with any site plan approved pursuant to Article IX herein.
[Amended 3-11-1999 by Order No. 99-056]
A. 
Principal permitted uses. The following uses listed in Subsection A(1) through (9) below are permitted in the SD-1 Service and Distribution District, provided that no operation shall result in the treatment, generation, storage or disposal of hazardous materials, except as follows: very small quantity generators; waste oil retention facilities for retailers of motor oil required and operated in compliance with MGL Ch. 21, § 52A; oil on site for heating of a structure or to supply an emergency generator.
(1) 
Medical, dental offices, laboratory services, treatment facilities.
(2) 
All other business, governmental and professional offices.
(3) 
Bank.
(4) 
Personal service business including but not limited to the following: barber, beauty shop, dry-cleaning pickup service, shoe repair, tailor and dressmaker.
(5) 
Mortuary or funeral home.
(6) 
Research and development, technological and computer research, software development and data processing including computer operations services.
(7) 
Publishing and printing establishments.
(8) 
Boat sales and storage.
(9) 
Contractor service establishments:
(a) 
Wholesale sales and distribution of building materials including plumbing, carpentry, lumber, electrical, heating and air conditioning, and other similar service or repair businesses; associated showrooms and sales/display space customarily accessory to such uses; and
(b) 
Landscaping, construction and site preparation, and other similar service businesses, provided that all outdoor storage of building materials, trucks and landscaping equipment and materials, are screened from view from Route 28 and Old Post Road.
B. 
Accessory uses. (Reserved for future use.)
C. 
Conditional uses. (Reserved for future use.)
(1) 
Retail store, provided that Zoning Board of Appeals finds that:
(a) 
The proposed business is a low- to average-volume traffic generator, not to include a high-volume traffic generator such as a convenience store. The applicant shall provide the Zoning Board of Appeals with traffic data including a comparison with trip generation rates for different types of retail uses, from the Institute of Transportation Engineers "Trip Generation Manual."
(2) 
Full-service restaurant, subject to the following conditions:
(a) 
Food is served to customers at tables by waitpersons, except that the Zoning Board of Appeals may permit buffet style dining;
(b) 
Approximately 85% of food is consumed on the premises;
(c) 
Bar seats or places do not exceed 15% of restaurant seats;
(d) 
Entertainment shall be limited to nonamplified dinner music;
(e) 
No drive-in or outdoor take-out counter facilities shall be permitted; and
(f) 
Access shall be from Industry Road or Old Post Road.
D. 
Special permit uses. (Reserved for future use.)
E. 
Bulk regulations (dimensional requirements).
Minimum Yard Setbacks
Zoning Districts
Minimum Lot Area
(square feet)
Minimum Lot Frontage
(feet)
Minimum Lot Width
(feet)
Front
(feet)
Side
(feet)
Rear
(feet)
Maximum Building Height
(feet)
Maximum Floor Area Ratio 2
Retail/All Other
SD-1
43,560
150
45
15
20
301
0.25/0.30
NOTES:
1
Or two stories, whichever is lesser.
2
Floor area ratio (FAR) is the ratio of gross building square feet to lot area.
Front yard landscaped setback from the road right-of-way: 20 feet, 45 feet from Route 28.
Existing trees and shrubs shall be retained within the road right-of-way and within the required front yard landscaped setback and supplemented with other landscape materials, in accordance with accepted landscape practices. Where natural vegetation cannot be retained, the front yard landscaped setback shall be landscaped with a combination of grasses, trees and shrubs commonly found on Cape Cod. A minimum of one street tree with a minimum caliper of three inches shall be provided per 30 feet of road frontage distributed throughout the front yard setback area. No plantings shall obscure site at entrance and exit drives and road intersections. All landscaped areas shall be continuously maintained, substantially in accordance with any site plan approved pursuant to Article IX herein.
[Added 7-15-1999]
[Added 6-21-2007 by Order No. 2007-160; amended 2-28-2008 by Order No. 2008-057]
[1]
Editor's Note: Former § 240-29, MA-1 Business District, as amended, was repealed 7-14-2005 by Order No. 2005-100. The specific requirements for the SCCRCOD District are found in §§ 240-29.1 through 240-29.11.
[Added 6-21-2007 by Order No. 2007-160; amended 2-28-2008 by Order No. 2008-057]
The purpose of this section is to encourage the development of residential communities designed to offer shelter, convenience, services and personal medical care, including nursing facility services, to senior persons while providing adequate and economical provision of streets, utilities and public spaces and preserving the natural and scenic qualities of the open areas. These facilities shall offer a continuum of care, ranging from independent living to assisted living and nursing home care that reflects the changing needs of their residents.
[Added 6-21-2007 by Order No. 2007-160; amended 2-28-2008 by Order No. 2008-057]
As used in this § 240-29, the following terms shall have the meanings indicated:
APPLICANT
The person or persons, including a corporation or other legal entity, who applies for approval of a Senior Continuing Care Retirement Community Overlay District (SCCRCOD) hereunder. The applicant must own, or be the beneficial owner of, all the land included in the proposed SCCRCOD, or have authority from the owner(s) to act for the owner (s) or hold an option or contract duly executed by the owner(s) and the applicant giving the latter the right to acquire the land to be included in the site.
ASSISTED-LIVING UNITS
Residential living units in which supportive services are offered for individuals who need assistance in activities of daily living.
BUILDING HEIGHT
Building height shall be measured as the vertical distance from the grade plane to the average height of the highest roof plane that also has the highest ridgeline.
BUILDING STORY
The vertical distance from top to top of two successive tiers of beams or finished floor surfaces; and, for the topmost story, from the top of the floor finish to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters.
CONTINUING CARE RETIREMENT COMMUNITY
A facility which may include a wide range of housing types including studio, one-, two-, and three-bedroom apartments, townhouses, duplexes, clusters or single-family homes and which offers a continuum of services ranging from in-home services to on-site nursing home care. The facility shall include independent living units, assisted living units and skilled nursing home facilities. The facility may include accessory uses for the benefit of the residents which accessory uses are subordinate and incidental to the continuing care retirement community as determined by the Town of Barnstable Planning Board. Other than nursing home beds, the facility shall meet the Town's Inclusionary Ordinance, Chapter 9 of the Barnstable Code, requiring that 10% of the units be affordable as "affordable" is currently defined under Chapter 9, with the exception that required affordable units may be provided off-site. In the event that off-site units are allowed, the applicant shall provide such units in accordance with § 240-29.3 below.
GRADE PLANE
A reference plane representing the average of the finished ground level adjoining the building at all exterior walls. The reference plane shall be established by using the lowest points of grade within the area between the building and a point six feet from the building.
SENIOR PERSON
Person aged 55 or older or in the case of a couple, one spouse must be over the age of 55. It may include a developmentally disabled adult person under the age of 55.
SPECIAL PERMIT GRANTING AUTHORITY
For the purposes of this section, the Barnstable Planning Board shall be the special permit granting authority.
NURSING OR CONVALESCENT HOME
Any dwelling or building with sleeping rooms for people who are housed or lodged with meals and nursing care for hire, as licensed by the Massachusetts Department of Public Health under MGL c. 111 §§ 71 through 73, as amended.
VISITABILITY
Shall mean that a dwelling unit has no steps between the exterior walking surface adjacent to the unit and the interior primary floor level of the unit; that at least one egress door from the unit be at least three feet wide; that all primary floor passage doors in the unit are at least two feet eight inches wide; and that at least one toilet room be located on the primary floor of the unit.
[Added 6-21-2007 by Order No. 2007-160; amended 2-28-2008 by Order No. 2008-057]
The SCCRCOD is an overlay district that allows a continuing care retirement community as a use by special permit and which overlay district may be superimposed on any parcel(s) of five acres or more of contiguous upland in any zoning district deemed appropriate as determined by the Town of Barnstable Planning Board. Where the SCCRCOD authorizes uses not otherwise allowed in the underlying district, the provisions of the SCCRCOD shall control. In the event that off-site affordable units are allowed, such units are not required to meet the definition of a "continuing care retirement community" but must meet the following criteria: The number of required affordable units shall be increased to a number not less than 12% of the total proposed market rate units on-site plus not less than 12% of any additional market rate units proposed off site.
[Added 6-21-2007 by Order No. 2007-160; amended 2-28-2008 by Order No. 2008-057]
The SCCRCOD is to be shown on the Official Zoning Map of the Town of Barnstable.
[Added 6-21-2007 by Order No. 2007-160; amended 2-28-2008 by Order No. 2008-057]
Prior to the rezoning of any property for inclusion in the SCCRCOD and as part of a petition for such rezoning, a schematic plan, called for purposes of this section, a "concept plan," shall be filed by the applicant with the Planning Board for review at least 21 days prior to a regularly scheduled meeting of the Planning Board. The concept plan shall be consistent with the provisions of this SCCRCOD Ordinance. In deliberation on approval of a concept plan, the Planning Board shall give consideration to the Town of Barnstable Local Comprehensive Plan. The purpose of the concept plan is to ensure that the overall development scheme is consistent with Town policies and plans; adequately protects natural resources; provides safe traffic circulation consistent with the adjacent roadway network that also ensures adequate access to the development; and to ensure that the development is arranged to provide maximum protection of its residents from nuisance and hazard.
A. 
The concept plan shall include:
(1) 
A schematic site development plan showing in general, the location and square footage of all proposed buildings, general site grading, parking, landscaping, roads, walkways and accessways, open space, wetlands, lighting and signage.
(2) 
A general breakdown of building types: single-family, two-family, multifamily and accessory structures, including total number of bedrooms for the entire development.
(3) 
A schematic subdivision plan(s), if applicable.
(4) 
Specific floor plans, building plans or other detailed construction documents are not required at the concept plan stage.
B. 
The Barnstable Planning Board will notify the public of the time and date of the public meeting on the concept plan. Thereafter, the Barnstable Planning Board shall determine that (i) the concept plan has been approved; or (ii) the concept plan has been approved subject to modifications; or (iii) the concept plan has been disapproved. The Barnstable Planning Board shall provide to the applicant in writing the reasons for any denial of approval of the concept plan. The determination of the Barnstable Planning Board of the approvability of the concept plan shall be the basis for a recommendation to the Town Council for the rezoning petition.
[Added 6-21-2007 by Order No. 2007-160; amended 2-28-2008 by Order No. 2008-057]
In order to obtain approval of a SCCRCOD the applicant, after first having received a decision from the Planning Board on the approvability of its concept plan, must file a petition for the amendment of the Town of Barnstable Zoning Map for inclusion of the subject parcel(s) within the SCCRCOD.
[Added 6-21-2007 by Order No. 2007-160; amended 2-28-2008 by Order No. 2008-057]
After successful rezoning of a SCCRCOD, an application for a special permit shall be submitted to the Planning Board within one year from the effective date of such rezoning. The Planning Board may grant extensions for the time of filing for a special permit as may be deemed appropriate due to the size and scope of the proposed development. The application for special permit shall be submitted on forms furnished by the Planning Board, accompanied by the following:
A. 
A site plan in accordance with the Town of Barnstable site plan review regulations, §§ 240-98 through 240-105, indicating the planned location of buildings and their use, off-street parking areas, driveways, easements, walks, the location, type and height of walls, and the extent of landscaping or other treatment for the protection of adjacent properties.
B. 
Building plans and elevations for all buildings and structures as may be required to fully describe the project.
C. 
A tabulation of the areas of the proposed site elements (including footprints and gross floor area), including total number of buildings, number of bedrooms, accessory structures, parking structures and surface parking areas (square footage and number of parking spaces) and stormwater management areas.
D. 
Information pertaining to the proposed entity that is to manage the SCCRCOD and the type of operating agreement contemplated.
E. 
If a subdivision is proposed, then all documents as required for the subdivision shall be reviewed during the special permit process.
F. 
A narrative detailing the services to be provided to the residents and the staff to be employed to provide those services.
G. 
Description of all proposed accessory structures and uses.
H. 
Building phasing schedule, if applicable.
I. 
Description of any green building construction techniques being used, including a description of how maximum water and energy efficiencies will be achieved.
J. 
A landscape plan signed and stamped by a Massachusetts certified landscape architect.
K. 
Proposed signage, consistent with the requirements of the underlying zoning district.
L. 
Plans detailing provision for wastewater disposal.
M. 
Description of any infrastructure improvements that may be necessary to provide for the project.
N. 
Additional information as may be required by the Planning Board as reasonably necessary to making the determinations required by this section.
[Added 6-21-2007 by Order No. 2007-160; amended 2-28-2008 by Order No. 2008-057]
A. 
Upon a determination by the Building Commissioner that an application for site plan review for a development requiring a special permit under the SCCRCOD constitutes a development of regional impact (DRI) under Section 12(h) of the Cape Cod Commission Act, 1990 Mass. Acts, Ch. 716, a referral shall be made to the Cape Cod Commission, accompanied by a request that a joint review process of the proposed development be established between the Cape Cod Commission and the Planning Board.
B. 
The joint review process shall include joint hearings between the Planning Board and the Cape Cod Commission, as feasible.
[Added 6-21-2007 by Order No. 2007-160; amended 2-28-2008 by Order No. 2008-057]
In order to be eligible for consideration for a special permit, the proposal must contain parcels included in the SCCRCOD and shall meet all of the following standards:
A. 
Compliance with applicable regulations and standards. In the case of a subdivision, all plans and development shall comply with all applicable standards of the Planning Board's Subdivision Rules and Regulations, including such waivers as may be granted by the Planning Board.
B. 
Bulk regulations. For all lots within the SCCRCOD the minimum lot area shall be 217,800 square feet of contiguous upland. For all lots and buildings within the SCCRCOD, the density, minimum lot frontage, property line and road layout setbacks, minimum building height and number of stories and minimum building separation requirements of the underlying zoning district shall apply unless the Planning Board finds that a waiver of any of those requirements is beneficial to create a SCCRCOD which better preserves open space without creating adverse environmental or aesthetic impacts or facilitates the delivery of services to senior persons or provides benefits which outweigh any detriments or provides sufficient mitigation to offset impacts.
C. 
Parking. Parking shall be provided as follows:
SCCRCOD Uses
Minimum Number of Spaces
Guest Spaces
Independent-living dwelling unit
0.75 per dwelling unit
0.5 per dwelling unit
Assisted-living dwelling unit
0.5 per dwelling unit
0.5 per dwelling unit
Skilled care facility
0.5 per bed
0.5 per bed
Employee — dwelling unit administration
0.75 per 5 dwelling units
N/A
Employee — skilled care facility
0.5 per bed
N/A
D. 
Waiver of parking requirements. The Planning Board may waive the number of parking spaces required for the above-listed uses upon a finding that the applicant has provided a parking demand analysis that adequately demonstrates alternate parking requirements for the proposed use or combination of uses.
E. 
Parking and loading design standards.
(1) 
Any above-grade parking or loading facility should be screened from public view to the extent necessary to eliminate unsightliness. Screening shall consist of landscape materials, topographic features, residential buildings or any combination of these. In the alternative, the parking facility shall treat exterior walls with architectural features typical of the development it serves. Aboveground, multilevel parking garages are discouraged.
(2) 
Outdoor storage shall not be permitted.
(3) 
These requirements are in addition to the parking and parking lot landscaping requirements of the underlying zoning district.
F. 
Visitability. The applicant shall provide that all of the dwelling units shall be visitable as determined by the SPGA.
G. 
Design standards.
(1) 
All buildings in the layout and design, including landscaping, the placement of pedestrian sidewalks and parking, shall be an integral part of the development and have convenient access to and from adjacent uses.
(2) 
Primary landscape treatment shall consist of a combination of indigenous grasses, trees and shrubs commonly found on Cape Cod and shall combine with appropriate walks and street surfaces to provide an attractive development pattern. Planting areas should be designed to serve as stormwater treatment areas often known as "rain gardens."
(3) 
Existing significant trees and natural vegetation shall be retained to the maximum extent possible. A minimum of one tree with a three-inch minimum caliper is required to be planted within the front setback for every 30 feet of frontage of property.
(4) 
All landscaped areas shall be continuously maintained, irrigated, and organically fertilized.
(5) 
All stormwater shall be treated as appropriate and discharged on site and shall incorporate low-impact techniques for stormwater discharge.
(6) 
Minimum recommended light levels established by the Cape Cod Commission Technical Bulletin 95-001, DRI Standards and Submittal Requirements for Exterior Lighting Design shall apply. Site lighting, security lighting and architectural/landscape lighting shall provide illumination levels appropriate for the designed activity without exceeding minimum requirements.
(7) 
There shall be an adequate safe and convenient arrangement of pedestrian circulation facilities, sidewalks, roadways, driveways, off-street parking and loading space. Buildings and vehicular circulation open spaces shall be arranged so that pedestrians moving between buildings are not unnecessarily exposed to vehicular traffic.
H. 
Impact analysis. The applicant shall provide additional data and analysis requested by the Planning Board to enable the Board to assess the fiscal, community and environmental impacts of the proposed development. At its discretion, the Planning Board may impose reasonable fees upon the applicant for the hiring of outside consultants and the provisions of MGL c. 44, § 53G, shall apply thereto.
I. 
Phasing and period of validity for special permit. The applicant, as part of the application, may propose a phasing plan identifying the specific units to be constructed in each phase and stating the reasons for the request. Said submission shall show the full buildout of the development. The Planning Board, upon a finding of good cause and of consistency with the provisions of this section, may approve a phasing plan that allows the construction of the development to be extended over a period not to exceed 10 years. Notwithstanding anything to the contrary contained in § 240-125C(3), as long as the applicant proceeds with construction continuously in compliance with the approved phasing plan or with any modifications thereto approved by the Planning Board, the period of validity for the special permit shall be the same as the period of the phasing plan.
[Added 6-18-2009 by Order No. 2009-139]
[Added 6-21-2007 by Order No. 2007-160; amended 2-28-2008 by Order No. 2008-057]
The Planning Board may grant a special permit for a SCCRCOD where it makes the following findings:
A. 
The SCCRCOD complies with all applicable Subdivision Rules and Regulations,[1] except as they may be waived by the Board.
[1]
Editor's Note: See Ch. 801, Subdivision Regulations.
B. 
The SCCRCOD does not cause substantial detriment to the neighborhood.
C. 
The SCCRCOD is consistent with the Town of Barnstable Local Comprehensive Plan.
D. 
The SCCRCOD provides an effective and unified treatment of the development on the project site making appropriate provision for environmental protection, the preservation of scenic features, sensitive habitat and other amenities of the site and the surrounding areas.
E. 
The SCCRCOD is planned and developed to harmonize with any existing or proposed development in the surrounding area.
F. 
The applicant has provided mitigation that sufficiently addresses the impacts of the SCCRCOD.
G. 
The SCCRCOD provides services which are tailored to the needs of senior persons and may include meals, housekeeping, transportation, health care services and personal care assistance, and the benefits of the development for the residents and the community outweighs the detriments.
H. 
The SCCRCOD complies with the standards established in §§ 240-29.9 and 240-29.3 except as they may be waived by the Board based upon a finding that the waivers granted do not jeopardize health and safety and do not diminish environmental and aesthetic protections. Nothing herein shall allow the Board to waive the minimum twelve-percent off-site inclusionary housing requirement.
I. 
Where a phasing plan has been proposed, that the applicant has demonstrated good cause to phase the development and that the approved phasing plan is consistent with the provisions of the SCCRCOD.
[Added 6-18-2009 by Order No. 2009-139]
[Added 6-21-2007 by Order No. 2007-160; amended 2-28-2008 by Order No. 2008-057]
The special permit for the SCCRCOD shall be transferable upon the prior written approval of the Planning Board.
[Added 2-6-2014 by Order No. 2014-050]
A. 
District established. A Medical Marijuana Overlay District is hereby established, and shall be considered as superimposed over any other districts established by this chapter, and is shown as an overlay on the Official Zoning Map established pursuant to § 240-6, Zoning Map, herein.
B. 
Purpose; use.
(1) 
Purpose. The purpose of the Medical Marijuana Overlay District is to provide for the limited establishment of registered marijuana dispensaries as they are authorized pursuant to state regulations set forth at 105 CMR 725.000, Implementation of an Act for the Humanitarian Medical Use of Marijuana. Given that registered marijuana dispensaries shall be limited in number and strictly regulated by the Massachusetts Department of Public Health, these zoning regulations intend to permit them where there is access to both regional roadways and public transportation, where they may be readily monitored by law enforcement for health and public safety purposes, and where their impacts are ameliorated by these locations.
(2) 
Use. Within the Medical Marijuana Overlay District, a registered marijuana dispensary that dispenses, cultivates and prepares marijuana products may be permitted as a conditional use only within the overlay district, provided a special permit is first obtained from the Zoning Board of Appeals, subject to the provisions of § 240-125C herein and subject to the all additional standards and conditions of this section.
C. 
Special permit granting authority. Within the MMOD, the Zoning Board of Appeals shall be the special permit granting authority.
D. 
Use. Notwithstanding the use limitations of the base zoning district or any other overlay zoning district, a registered marijuana dispensary shall be allowed within the Medical Marijuana Overlay District upon the granting of a special permit, subject to the requirements set forth in this section. Within the Medical Marijuana Overlay District, and only within the Medical Marijuana Overlay District, a registered marijuana dispensary may be permitted, provided that a special permit is first obtained from the Zoning Board of Appeals, subject to the following standards and conditions.
E. 
Requirements/standards.
(1) 
Registration. All permitted registered marijuana dispensaries shall be properly registered with the Massachusetts Department of Public Health pursuant to 105 CMR 725.100 and shall comply with all applicable state and local public health regulations and all other applicable state and local laws, rules and regulations at all times. No building permit or certificate of occupancy shall be issued for a registered marijuana dispensary that is not properly registered with the Massachusetts Department of Public Health.
(2) 
Building. A registered marijuana dispensary shall be located only in a permanent building and not within any mobile facility. All sales shall be conducted either within the building or by home deliveries to qualified clients pursuant to applicable state and local regulations.
(3) 
Proximity to residential uses. A medical marijuana treatment center shall not be allowed within a building containing a residential use, or upon a lot with a residential use, except an incidental residential use that may be necessary for RMD security.
(4) 
Separation requirements. The site is located at least 1,000 feet distant from a religious institution/place of religious assembly, school, day-care center, preschool or afterschool facility or any facility in which children commonly congregate, or if not located at such a distance, it is determined by the Zoning Board of Appeals to be sufficiently buffered from such facilities such that its users will not be adversely impacted by the operation of the registered marijuana dispensary, but in no case shall the distance be less than 500 feet measured from parcel boundary to parcel boundary. In no case shall a RMD directly abut another RMD or any medical marijuana use.
(5) 
Dimensional requirements. Except where it is explicitly stated otherwise in this section, Registered marijuana dispensaries shall conform to the dimensional requirements applicable to nonresidential uses within the underlying and other overlaying zoning districts.
(6) 
Parking. The required number of parking (both long-term and short-term) spaces for a registered marijuana dispensary shall be one space for every 200 square feet of gross floor area for a RMD; and one space for every 700 square feet of gross floor area for RMD marijuana infused product manufacturing or marijuana cultivation. The Board of Appeals shall also rely on the recommendation of site plan review.
(7) 
Loading. The Board of Appeals may require loading bays based on the recommendation of site plan review and/or based on the needs of the proposed use.
(8) 
Signage. Signage shall not exceed 12 square feet in area, and no part of the sign shall exceed eight feet above existing average grade. For other site signage, the requirements of Article VII of this chapter shall also apply through the underlying zoning district. The Zoning Board of Appeals may impose additional restrictions on signage, as appropriate, to mitigate any aesthetic impacts.
(9) 
Consistency with registration materials. Plans and information provided to the Zoning Board of Appeals shall be consistent with the with the registration materials issued by the Massachusetts Department of Public Health and any other information and materials provided to the Massachusetts Department of Public Health.
F. 
Special permit requirements.
(1) 
Application requirements. An application to the Zoning Board of Appeals shall include, at a minimum, the following information:
(a) 
Complete application form.
(b) 
Description of activities: A narrative providing information about the type and scale of all activities that will take place on the proposed site, including but not limited to cultivating and processing of marijuana or marijuana infused products (MIPs), on-site sales, off-site deliveries, site security, hours of operation, community benefit, distribution of educational materials, and other programs or activities.
(c) 
Service area: A scaled map and narrative describing the area proposed to be served by the registered marijuana dispensary and the anticipated number of clients that will be served within that area. This description shall indicate where any other registered marijuana dispensaries exist or have been proposed within the expected service area.
(d) 
Context map: A scaled map depicting all properties and land uses within a two-thousand-foot radius of the project site, whether such uses are located in Barnstable or within surrounding communities, including but not limited to all religious institutions/places of religious assembly, schools, day-care centers, preschool or afterschool facilities or any facilities in which children commonly congregate.
(e) 
Site plan: The proposal is subject to the provisions of Article IX, Site Plan Review, § 240-102.
(f) 
Security plan: The security plan shall be submitted to the Chief of Police who shall provide written comment to the Board as to the adequacy or inadequacy of the security provisions and plans.
(g) 
Building elevations and signage: Architectural drawings of all exterior building facades and all proposed signage, specifying materials and colors to be used. Perspective drawings and illustrations of the site from public ways and abutting properties are recommended but not required.
(h) 
Registration materials: Copies of registration materials issued by the Massachusetts Department of Public Health and any materials submitted to the Massachusetts Department of Public Health for the purpose of seeking registration, to confirm that all information provided to the Zoning Board of Appeals is consistent with the information provided to the Massachusetts Department of Public Health.
(2) 
Special permit criteria. In granting a special permit for a registered marijuana dispensary, in addition to the general criteria for issuance of a special permit as set forth in § 240-125C herein and in consideration of all application materials submitted and testimony received, the Zoning Board of Appeals shall find that the following criteria are met:
(a) 
The registered marijuana dispensary complies with all requirements of this section, including but not limited to Subsections E and F in their entirety.
(b) 
The registered marijuana dispensary is located to serve an area that currently does not have reasonable access to medical marijuana, or if it is proposed to serve an area that is already served by other registered marijuana dispensaries, it has been established by the Massachusetts Department of Public Health that supplemental service is needed.
(c) 
The site is designed such that it provides convenient, safe and secure access and egress for clients and employees arriving to and leaving from the site using all modes of transportation, including drivers, pedestrians, cyclists and public transportation users.
(d) 
Traffic generated by client trips, employee trips, and deliveries to and from the registered marijuana dispensary shall not create a substantial adverse impact on nearby residential uses.
(e) 
Where necessary to shield adjacent uses, the Zoning Board of Appeals may require buffering by fencing, vegetation or other screening methods.
(3) 
Prohibition on transfer. The special permit shall be issued to the owner of the Medical marijuana treatment center and shall not transfer with a change in ownership of the business and/or property.
(4) 
Limitation of approval. A special permit authorizing the establishment of a registered marijuana dispensary shall be valid only for the registered entity to which the special permit was issued, and only for the site on which the registered marijuana dispensary has been authorized by special permit. If the registration for a registered marijuana dispensary has been revoked, transferred to another controlling entity, or relocated to a different site within the Medical Marijuana Overlay District, a new special permit shall be required prior to issuance of a certificate of occupancy.
(5) 
Revocation/nonrenewal.
(a) 
In accordance with 105 CMR 725.100(E), Expiration and Renewal of Registration, all materials submitted pursuant to the RMD compliance with that section shall also be submitted to the Zoning Board of Appeals record file. The Board reserves the right to hold a public hearing based on a review of the materials showing inconsistencies with special permit conditions and/or the requirements and standards of this section.
(b) 
In accordance with 105 CMR 105(O), Requirements Upon Expiration, Revocation or Voiding of Certificate of Registration of RMD, should DPH take action under this section, the special permit shall be null and void.
G. 
Relationship to other laws. Nothing in this section poses an obstacle to federal enforcement of federal law. Nothing in this law supersedes Massachusetts law prohibiting the possession, cultivation, transport, distribution, or sale of marijuana for nonmedical purposes. Nothing in this law requires the violation of federal law or purports to give immunity under federal law.
[1]
Editor's Note: Former § 240-30, MA-2 Business District, as amended, was repealed 7-14-2005 by Order No. 2005-100.
[1]
Editor's Note: Former § 240-31, B-1 Business District, added 7-19-2001 by Item Nos. 2001-037, 2001-038, 2001-039, was repealed 7-14-2005 by Order No. 2005-100. Said §  240-31, was subsequently repealed again 6-1-2006 by Order No. 2006-136.
A. 
Principal permitted uses.
(1) 
The following uses are permitted in the IND Limited District:
(a) 
Warehousing and wholesale distribution facilities of nontoxic and nonhazardous materials.
(b) 
Light manufacturing and assembly facilities.
(c) 
Research and development facilities.
(d) 
Professional or business offices, banks, architectural, engineering and drafting firms, computer operations centers, recreation facilities, and such sewerage treatment facilities as may have been allowed by previous Zoning Ordinance.
(2) 
Specifically prohibited are petroleum refineries, landfills, resource recovery facilities, hotels, motels, restaurants, manufacturing and processing uses, any use involved in the manufacture, storage, transportation, disposal or use of toxic or hazardous materials and any residential use.
B. 
Accessory uses. (Reserved for future use.)
C. 
Conditional uses. The following uses are permitted as conditional uses in the IND Limited District, provided that a special permit is first obtained from the Zoning Board of Appeals subject to the provisions of § 240-125C herein and subject to the specific standards for such conditional uses as required in this section:
(1) 
Windmills and other devices for the conversion of wind energy to electrical or mechanical energy, but only as an accessory use.
(2) 
Public or private regulation golf courses subject to the provisions of § 240-11C(2) herein.
D. 
Special permit uses. (Reserved for future use.)
E. 
Bulk regulations.
Minimum Yard Setbacks
Zoning Districts
Minimum Lot Area
(square feet)
Minimum Lot Frontage
(feet)
Minimum Lot Width
(feet)
Front
(feet)
Side
(feet)
Rear
(feet)
Maximum Building Height
(feet)
Maximum Lot Coverage as % of Lot Area
IND LTD
90,000
20
200
50
30
30
301
25
NOTES:
1
Or two stories, whichever is lesser.
F. 
Special screening standards. In IND Limited Districts a buffer strip with a minimum depth of 30 feet at the rear and side site lines and a buffer strip of 50 feet at the front line shall be maintained in existing ground cover and trees or shall be replanted with native trees, shrubs and grasses which do not require continued nurturing and watering; provided, however, that in no instance shall the natural vegetation coverage on any lot consist of less than 25% of the total lot area. A maximum of two driveways, each not more than 50 feet wide, shall be allowed for ingress and egress.
A. 
Principal permitted uses.
(1) 
The following uses are permitted in the IND District:
(a) 
Any use permitted in the B District.
(b) 
Lumber, fuel and ice establishments.
(c) 
Contractors' yards.
(d) 
Manufacturing and industrial uses.
(e) 
Any use permitted in the S&D District.
(f) 
Recreation ice rink facilities.
(g) 
Sports and recreation facility.
[Added 8-17-2017 by Order No. 2017-165]
(2) 
Specifically prohibited are petroleum refineries, landfills, resource recovery facilities, sewerage treatment facilities which process and discharge less than tertiary-treated effluent, and any other use which involves as a principal activity the manufacture, storage, use, transportation or disposal of toxic or hazardous materials.
B. 
Accessory uses. (Reserved for future use.)
C. 
Conditional uses. The following uses are permitted as conditional uses in the IND District, provided that a special permit is first obtained from the Zoning Board of Appeals subject to the provisions of § 240-125C herein and subject to the specific standards for such conditional uses as required in this section:
(1) 
Kennels as provided for in § 240-27C(2) herein.
(2) 
Windmills and other devices for the conversion of wind energy to electrical or mechanical energy, but only as an accessory use.
(3) 
Public or private regulation golf courses subject to the provisions of § 240-11C(2) herein.
D. 
Special permit uses. (Reserved for future use.)
E. 
Bulk regulations.
[Amended 8-17-2017 by Order No. 2017-165]
Minimum Yard Setbacks
(feet)
Zoning Districts
Minimum Lot Area
(square feet)
Minimum Lot Frontage
(feet)
Minimum Lot Width
(feet)
Front1
Side2
Rear2
Maximum Building Height
(feet)
Maximum Lot Coverage as % of Lot Area4
IND
90,000
20
200
60
30
30
303
25
1
For sports and recreation facilities, outdoor uses (e.g., fields, tracks, courts and swimming pools, etc.) and their accessory structures with a footprint of less than 2,000 square feet shall have a minimum front yard setback of 20 feet; provided however, that for such outdoor uses which are temporarily (i.e., not more than 182 days) covered by an air-supported or removable bubble/dome, said temporary bubble/dome shall have a minimum front yard setback of 15 feet. Retaining walls (including those used for outdoor climbing) and outdoor field/court lighting for sports and recreation facilities shall not be subject to these setbacks.
2
For sports and recreation facilities, outdoor uses (e.g., fields, tracks, courts and swimming pools, etc.) and their accessory structures with a footprint of less than 2,000 square feet shall have a minimum side and rear setback of 10 feet; this ten-foot side/rear setback shall also apply to such outdoor uses which are temporarily (i.e., not more than 182 days) covered by an air-supported or removable bubble/dome. Retaining walls (including those used for outdoor climbing) and outdoor field/court lighting for sports and recreation facilities shall not be subject to these setbacks.
3
Or two stories, whichever is lesser; except that for sports and recreation facilities, the maximum building height shall be 55 feet measured to the highest point on the roof (not including antennas or similar roof fixtures).
4
For sports and recreation facilities, the following outdoor uses shall not be considered structures included in this calculation: open-air solar-mounted carports, fields (grass or turf), courts, tracks, swimming pools, retaining walls, and similar outdoor, open-air features; additionally, any such outdoor uses which are temporarily (i.e., not more than 182 days) covered by an air-supported or removable bubble/dome shall not be included in this calculation.
F. 
Special screening requirements. The provisions of § 240-32F herein shall apply to all uses, except they shall not apply to sports and recreation facilities.
[Amended 8-17-2017 by Order No. 2017-165]
[Amended 5-22-2014 by Order No. 2014-126]
A Floodplain District is herein established within the Town of Barnstable. The district includes all special flood hazard areas within the Town designated as Zone AE, AO, or VE on the Barnstable County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels of the Barnstable County FIRM that are wholly or partially within the Town of Barnstable are Panel Numbers 25001C0532J, 25001C0533J, 25001C0534J, 25001C0537J, 25001C0539J, 25001C0541J, 25001C0542J, 25001C0543J, 25001C0544J, 25001C0551J, 25001C0552J, 25001C0553J, 25001C0554J, 25001C0556J, 25001C0557J, 25001C0558J, 25001C0559J, 25001C0561J, 25001C0562J, 25001C0563J, 25001C0564J, 25001C0566J, 25001C0567J, 25001C0568J, 25001C0569J, 25001C0752J, 25001C0754J, 25001C0756J, 25001C0757J and 5001C0776J, effective date July 16, 2014. The exact boundaries of the district may be defined by the one-hundred-year base flood elevations shown on the FIRM and further defined by the Barnstable County Flood Insurance Study (FIS) report dated July 16, 2014. The FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk, Planning Board, Building Commissioner, and Engineering Department.
Permits for new construction, alteration of structures, or other development (any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations), at or below the base flood elevation as specified with the A and V Zones as determined by the Flood Insurance Study and designated on the special FEMA Flood Insurance Rate Maps, shall be approved subject to the following:
A. 
New construction or substantial improvement (repair, construction or alteration costing 50% or more of the market value of the structure before improvement, or if damaged, before damage occurred) of residential structures shall have the lowest floor (including basement) elevated to not less than base flood elevations. New construction or substantial improvement of nonresidential structures shall either be similarly elevated or, together with attendant utility and sanitary facilities, be floodproofed to not less than base flood elevations.
B. 
Where floodproofing is utilized in accordance with Subsection A herein, a registered engineer or architect shall certify that the floodproofing methods are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the base flood.
C. 
Any new construction or substantial improvement to be under taken within flood areas shall be in accordance with Massachusetts State Building Code 780 CMR. The Building Commissioner shall review all proposed development within flood areas to assure that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law, including Sec. 404 of the Federal Water Pollution Control Act Amendments of 1972, U.S.C. § 1334, and shall obtain and maintain records of elevation and floodproofing levels for new construction or substantial improvement within the flood areas.
D. 
Any new construction, alteration of structures or other development which is removed from the A or V Zones by subsequent FEMA Flood Insurance Rate Map amendments shall only have to meet the requirements of its new zone designation.
E. 
All subdivision proposals and other proposed new developments greater than 50 lots or five acres, whichever is lesser, shall include within such proposals base flood elevation data.
F. 
Subdivision and development proposals, including utility and drainage systems, shall assure that they are located and designed to be consistent with the need to minimize flood damage.
G. 
In Zone AE, along watercourses that have not had a regulatory floodway designated, the best available federal, state, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.
H. 
In a riverine situation, the Conservation Division Administrator or designee shall notify the following of any alteration or relocation of a watercourse: Adjacent Communities, the NFIP State Coordinator, Massachusetts Department of Conservation and Recreation, 251 Causeway Street, Suite 600-700, Boston, MA 02114-2104, and the NFIP Program Specialist, Federal Emergency Management Agency, Region I at 99 High Street, 6th Floor, Boston, MA 02110.
I. 
Within Zone AO on the FEMA Flood Insurance Rate Maps, adequate drainage paths must be provided around structures on slopes to guide floodwaters around and away from proposed structures.
J. 
No land within areas designated as V (Velocity) Zones on the FEMA Flood Insurance Rate Maps shall be developed unless such development is demonstrated by the applicant to be located landward of the reach of the mean high tide. All new construction and substantial improvement within the V Zones shall be in full compliance with the Sate Building Code and shall be certified by a registered professional engineer or architect that the structure is securely anchored to adequately anchored pilings or columns in order to withstand velocity waters and hurricane wave wash.
K. 
The following shall be prohibited within flood areas designated as V Zones:
(1) 
Any man-made alteration of sand dunes and salt marshes which might increase the potential for flood damage.
(2) 
Use of fill.
(3) 
Mobile homes.
L. 
The Zoning Board of Appeals may authorize exceptions from the flood regulations of this section by special permit within the flood areas in accordance with § 240-125 herein, as in any other zoning district, and may grant special permit exceptions from the requirements of this section in the case of new structures or substantial improvement to be erected on a lot contiguous to and surrounded by lots with existing structures and constructed below the base flood elevation, provided that the following are met:
(1) 
A showing of good and sufficient cause.
(2) 
A determination that failure to grant the special permit would result in exceptional hardship to the applicant.
(3) 
A determination that the special permit will not result in increased flood heights, additional threats to public safety or environment, extraordinary public expense, or any conflict with requirements in accordance with Chapter 40A of the Massachusetts General Laws.
(4) 
The Zoning Board of Appeals has notified the applicant for the special permit in writing that the actuarial rates will increase as the first-floor elevation decreases, and that such construction below base flood elevation increases risks to life and property.
(5) 
Favorable recommendation from the Board of Health on all structures requiring sewerage disposal and/or water supply.
M. 
Upon the granting of such a special permit or permits, the Zoning Board of Appeals shall maintain a record of all such special permits granted by said Board, including justification for their issuance, and report such special permits in its annual report to the Flood Insurance Administrator in accordance with the Housing and Urban Development Guidelines.
N. 
The Zoning Board of Appeals may grant a special permit for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places or the Old King's Highway Regional Historic District without regard to the procedures set forth in Subsection J herein.
[Added 11-7-1987 by Art. 2; amended 11-4-1989 by Art. 5; 8-19-1993 by Order No. 93-105]
A. 
Purpose. The purpose of this section is to protect the public health, safety, and welfare by encouraging nonhazardous, compatible land uses within groundwater recharge areas.
B. 
Districts established. In order to carry out the purpose of this section, the following overlay districts are hereby established, and shall be considered as superimposed over any other district established by this chapter:
AP
Aquifer Protection Overlay District
GP
Groundwater Protection Overlay District
WP
Well Protection Overlay District
(1) 
The GP Groundwater Protection Overlay District is based on Zone 11 delineations to existing, proven future, and proposed future public supply wells, as determined by Geraghty and Miller, Inc., and as shown on Figure 44, in their report entitled "Groundwater Conditions, Town of Barnstable, Massachusetts, Volumes I of III; together with Appendices A-D and E-H in Volumes II of III and III of III," dated November 1993 and "Corrections, Zone II Delineations for Public Water Supply Wells, Town of Barnstable, Massachusetts," dated December 1993; except that the GP Groundwater Protection Overlay District (Zone II), to Barnstable Fire District wells 3 and 4, is delineated by Whitman and Howard, Inc. in a report entitled "Report on Prolonged Pumping Test and Zone II Delineation at Test Well Site 8-90, Barnstable Fire District, Barnstable, Massachusetts," dated October 1991. The Zone II delineations to existing and proven future wells have been approved by the Department of Environmental Protection, Executive Office of Environmental Affairs, Commonwealth of Massachusetts, in a letter to the Town of Barnstable dated March 13, 1996.
(2) 
The WP Well Protection Overlay District is based on a five-year time of travel zone to existing, proven future and potential future public supply wells, delineated by Geraghty and Miller Inc., in reports referenced above, except that the WP Zone to Barnstable Fire District Well No. 2 is delineated by Earth Tech, consultant to Barnstable Fire District, summarized in a letter and a map to the district dated May 13, 1997. The WP Well Protection Overlay District to Barnstable Fire District 2 is that portion of the five-year time of travel zone located within the GP Groundwater Protection Overlay District (Zone 11).
(3) 
The AP Aquifer Protection Overlay District consists of all areas of the Town, except those areas within the GP Groundwater and WP Well Protection Overlay Districts. The reports, letters and maps are on file with the Town Clerk.
[Amended 9-17-1998 by Order No. 99-012]
C. 
Overlay Districts Map. The overlay districts established by this section (the GP Groundwater Protection District; the WP Well Protection Overlay District; and the AP Aquifer Protection Overlay District) are shown on the Official Zoning Map, § 240-6A, Identification of Zoning Map.
[Amended 9-17-1998 by Order No. 99-012]
D. 
District boundaries. Where the overlay district boundaries divide a lot, each portion of that lot shall be subject to all the regulations applicable to the district in which it is located.
[Amended 9-17-1998 by Order No. 99-012]
E. 
AP Aquifer Protection Overlay District regulations.
(1) 
Permitted uses. The following uses are permitted in the AP Aquifer Protection Overlay District:
(a) 
Any use permitted in the underlying zoning districts, except for those uses specifically prohibited by Subsection E(2) herein.
(2) 
Prohibited uses. The following uses are prohibited in the AP Aquifer Protection Overlay District:
(a) 
Any use prohibited in the underlying zoning districts.
F. 
GP Groundwater Protection Overlay District regulations.
(1) 
Permitted uses. The following uses are permitted in the GP Groundwater Protection Overlay District:
(a) 
Any use allowed in the underlying zoning districts, except those uses specifically prohibited in Subsection F(2) herein:
(2) 
Prohibited uses. The following uses are prohibited in the GP Groundwater Protection Overlay District:
(a) 
Any use prohibited in the underlying zoning districts.
(b) 
Landfills and open dumps as defined in 310 CMR 19.006.
(c) 
Junkyards, salvage yards and automobile graveyards, as defined in MGL Ch. 140B, § 1.[1]
[1]
Editor's Note: See Ch. 502, Junk Dealers.
(d) 
Mining of land, removal of sand and gravel, and quarrying of other raw materials.
(e) 
The removal of soil, loam, sand, gravel and other mineral substances to within four feet of the historic high-water mark unless the substances removed are redeposited within 45 days and the final grade exceeds four feet above the historic high-water mark, and except for excavations for the foundations of buildings and structures and the installation of utilities.
(f) 
Underground fuel storage tanks.[2]
[2]
Editor's Note: See Ch. 326, Fuel and Chemical Storage Systems.
(g) 
Storage for resale of heating fuels, including but not limited to, oil, coal, gas and kerosene.
(h) 
Sewage treatment plant, disposal works, or small package treatment facility subject to 314 CMR 5.00, except for the following:
[1] 
The replacement or repair of an existing facility that will not result in a design capacity greater than the design capacity of the existing system(s);
[2] 
Treatment works approved by the Department of Environmental Protection designed for the treatment of contaminated ground or surface waters; and
[3] 
Sewage treatment works including package treatment facilities, which are owned and operated by the Town of Barnstable, and located in areas with existing water quality problems attributable to current septic systems where there will be a net improvement in water quality with the installation of the treatment facility.
(i) 
Commercial feeding of livestock.
(j) 
Storage of road salt or other deicing materials.
(k) 
Metal plating, finishing and polishing.
(l) 
Chemical and bacteriological laboratories.
(m) 
Boat, motor vehicle and aircraft cleaning, service and repair.
(n) 
Dry-cleaning processing establishments.
(o) 
Furniture stripping, painting and refinishing.
(p) 
Any other use which generates, treats, stores or disposes of hazardous waste that are subject to MGL Ch. 21C and 310 MCR 30.00, except for the following uses:
[1] 
Very small quantity generators as defined by 310 CMR 30.00;
[2] 
Waste oil retention facilities for retailers of motor oil required and operated in compliance with MGL Ch. 21, § 52A.
[3] 
Treatment works approved by the Department of Environmental Protection designed in accordance with 314 CMR 5.00, for the treatment of contaminated ground or surface waters.
[4] 
Household hazardous waste collection centers or events operated according to 310 CMR 30.390.
(q) 
Landfilling of sludge and septic as defined in 310 CMR 32.05.
(r) 
Storage of sludge and septage, as defined in 310 CMR 32.05, unless in compliance with 310 CMR 32.30 and 310 CMR 32.41
(s) 
Storage of animal manures unless protected from the elements and contained in a structure which prevents leachate from contaminating groundwater, in accordance with all the requirements of the United States Soil Conservation Service.
(t) 
Stockpiling and disposal of snow and ice removed from highways and streets located outside of the GP and WP Districts which contains sodium chloride, calcium chloride, chemically treated abrasives or other chemicals used for ice and snow removal.
(u) 
Storage of liquid petroleum products of any kind, except those incidental to:
[1] 
Normal household use and outdoor maintenance or the heating of a structure;
[2] 
Waste oil retention facilities required by MGL Ch. 21, § 52A;
[3] 
Emergency generators required by statute, rule or regulation;
[4] 
Treatment works approved by the Department designed in accordance with 314 CMR 5.00 for the treatment of contaminated ground or surface waters;
and provided that such storage is either in a freestanding container within a building or in a freestanding container above ground level with protection adequate to contain a spill the size of the container's total storage capacity; however, replacement of existing tanks or systems for the keeping, dispensing or storing of gasoline is allowed consistent with state and local requirements; and
[5] 
Any other use which involves as a principal activity or use the generation, storage, use, treatment, transportation or disposal of hazardous materials.
(v) 
Storage of commercial fertilizers, as defined in MGL c 128, § 64, unless such storage is within a structure designed and engineered to prevent escape or transport of commercial fertilizers to the groundwater under any circumstances.
[Added 1-17-2013 by Order No. 2013-001]
(3) 
Lot coverage. Unless the applicant demonstrates that all runoff is recharged on site, no more than 15% or 2,500 square feet, whichever is greater, of the total area of any lot shall be rendered impervious by the installation of buildings, structures and paved surfaces. If all recharge is disposed of on site, no more than 50% of the total upland area of any lot shall be made impervious by the installation of buildings, structures, and paved surfaces. For the purposes of this section, a temporary (i.e., not more than 182 days) air-supported or removable bubble/dome over a sports and recreation facility’s outdoor use (e.g., outdoor field, track, court, and swimming pool) shall not be considered a building or structure.
[Amended 8-17-2017 by Order No. 2017-165]
(4) 
Site clearing. A minimum of 30% of the total upland area of any lot shall be retained in its natural state. This shall not prevent the removal of dead, diseased or damaged trees. For sports and recreation facilities, the site clearing/natural state requirements shall not apply where the proposed stormwater management system will be designed and constructed to provide a minimum water quality volume treatment equal to one inch times the total impervious area of the post-development site; and to provide treatment to remove at least 44% total suspended solids prior to discharge to the infiltration system.
[Amended 8-17-2017 by Order No. 2017-165]
(a) 
Additionally, a long-term operations and maintenance plan shall be developed and implemented to ensure that stormwater management systems function as designed. At a minimum, the plan shall include:
[1] 
Stormwater management system(s) owners;
[2] 
The party or parties responsible for operation and maintenance, including how future property owners will be notified of the presence of the stormwater management system and the requirement for proper operation and maintenance;
[3] 
The routine and nonroutine maintenance tasks to be undertaken after construction is complete and a schedule for implementing those tasks;
[4] 
A plan that is drawn to scale and shows the location of all stormwater BMPs in each treatment train along with the discharge point;
[5] 
A description and delineation of public safety features; and
[6] 
An estimated operations and maintenance budget.
(b) 
The plan shall be subject to review and approval by the Director of Public Works as a condition of site plan review approval. stormwater operation and maintenance reports documenting compliance with the plan shall be submitted annually to the Director of Public Works and Director of Planning and Development.
G. 
WP Well Protection Overlay District regulations.
[Amended 8-19-1993 by Order No. 93-105]
(1) 
Permitted uses. The following uses are permitted in the WP Well Protection Overlay District:
(a) 
Any use allowed in the underlying zoning districts, except those specifically prohibited in Subsection G(2) herein:
(2) 
Prohibited uses. The following uses are prohibited in the WP Well Protection Overlay District:
(a) 
Any use prohibited in the underlying zoning districts.
(b) 
All uses prohibited in Subsection F(2) herein.
(c) 
Parking and/or storage of transport vehicles for fuel, including but not limited to oil, coal and gas.
(d) 
Parking and/or storage of transport vehicles for toxic and/or hazardous substances.
(e) 
Any use which uses, generates or stores, including racking for resale, toxic or hazardous substances, totaling at any one time more than 50 gallons liquid volume or 25 pounds dry weight.
(3) 
Lot coverage. Unless the applicant demonstrates that all runoff is recharged on site, no more than 15% or 2,500 square feet, whichever is greater, of the total area of any lot shall be rendered impervious by the installation of buildings, structures and paved surfaces. If all recharge is disposed on on site, no more than 50% of the total upland area of any lot shall be made impervious by the installation of buildings, structures, and paved surfaces. For the purposes of this section, a temporary (i.e., not more than 182 days) air-supported or removable bubble/dome over a sports and recreation facility’s outdoor use (e.g., outdoor field, track, court, and swimming pool) shall not be considered a building or structure.
[Amended 8-17-2017 by Order No. 2017-165]
(4) 
Site clearing. A minimum of 30% of the total upland area of any lot shall be retained in its natural state. This shall not prevent the removal of dead, diseased or damaged trees. For sports and recreation facilities, the site clearing/natural state requirements shall not apply where the proposed stormwater management system will be designed and constructed to provide a minimum water quality volume treatment equal to one inch times the total impervious area of the post-development site; and to provide treatment to remove at least 44% total suspended solids prior to discharge to the infiltration system.
[Amended 8-17-2017 by Order No. 2017-165]
(a) 
Additionally, a long-term operations and maintenance plan shall be developed and implemented to ensure that stormwater management systems function as designed. At a minimum, the plan shall include:
[1] 
Stormwater management system(s) owners;
[2] 
The party or parties responsible for operation and maintenance, including how future property owners will be notified of the presence of the stormwater management system and the requirement for proper operation and maintenance;
[3] 
The routine and nonroutine maintenance tasks to be undertaken after construction is complete and a schedule for implementing those tasks;
[4] 
A plan that is drawn to scale and shows the location of all stormwater BMPs in each treatment train along with the discharge point;
[5] 
A description and delineation of public safety features; and
[6] 
An estimated operations and maintenance budget.
(b) 
The plan shall be subject to review and approval by the Director of Public Works as a condition of site plan review approval. stormwater operation and maintenance reports documenting compliance with the plan shall be submitted annually to the Director of Public Works and Director of Planning and Development.
[Added 10-26-2000]
A. 
Purpose.
(1) 
The purpose of this section is to create a Resource Protection Overlay District overlaying residential zoning districts, and, in part, the Groundwater Protection Overlay District. The boundaries of the Resource Protection Overlay District shall include the recharge areas to the Centerville River, Popponessett and Shoestring Bays, and the Three Bays area of Cotuit and Osterville, so-called, together with areas dependent upon private well water supplies, and shall be as shown on the Barnstable Zoning Map as described in Subsection C below. When regulations are in conflict, the more restrictive regulation shall apply.
(2) 
The Resource Protection Overlay District implements the Barnstable Local Comprehensive Plan, adopted by the Barnstable Town Council, October 30, 1997, and approved by the Cape Cod Commission, February 12, 1998. The purposes of the Resource Protection Overlay District include:
(a) 
To reduce nitrogen contamination by reducing impacts from septic systems, fertilizers, and runoff from impervious surfaces, which contamination adversely affects groundwater, ponds and freshwater bodies, and south coastal marine embayments.
(b) 
To reduce nitrogen loading to groundwater, surface water and coastal embayments to prevent deterioration of water quality, destruction of bottom habitat, loss of fin fish and shellfish habitat, closure of swimming areas, and other adverse environmental and economic impacts.
(c) 
To increase protection of groundwater quality in areas where no public wastewater treatment and no public water supply is provided; to ensure protection of private drinking water wells; to protect private drinking water wells from adverse impacts in areas of varying soil conditions that are vulnerable to contamination of groundwater due to environmental conditions such as impervious soils, high groundwater levels or steep slopes; and to protect private wells from impacts from adjacent road drainage systems.
(d) 
To reduce development potential. The Barnstable Local Comprehensive Plan identifies the potential for 36% more residential growth and a shortfall in public facilities to service that additional residential development. Potential shortfalls in public services include inadequate roads, lack of capacity in public wastewater treatment facilities, lack of options for public water supply development, and lack of capacity of schools and recreational facilities.
B. 
Districts established. In order to implement the purpose of this section, the Resource Protection Overlay District is hereby established, and shall be superimposed over existing residential zoning districts established by this chapter, and as they may be amended from time to time.
C. 
Overlay Districts Map. The boundaries of the Resource Protection Overlay District established by this section are shown on the Official Zoning Map, § 240-6A, Identification of Zoning Map, as amended with a file date of October 26, 2000, and a title of "Resource Protection Overlay District."
D. 
Resource Protection Overlay District regulations. Within the Resource Protection Overlay District, the minimum lot area requirement of the bulk regulations in all residential zoning districts shall be 87,120 square feet.
[Added 2-1-2001]
A. 
Purpose.
(1) 
The purpose of this section is to protect the general public interest in, and access to, the public tidelands of the commonwealth by creating a Dock and Pier Overlay District overlaying residential zoning districts. The boundaries of the Dock and Pier Overlay District shall include an area along the western and northerly shores of Cotuit Bay from Loop Beach to Handy Point, and shall be as shown on the Barnstable Zoning Map as described in Subsection C below. If the provisions of this amendment conflict with any other provisions of this chapter, the more restrictive provisions shall apply.
(2) 
The Dock and Pier Overlay District implements the Barnstable Local Comprehensive Plan, adopted by the Barnstable Town Council on October 30, 1997, and approved by the Cape Cod Commission on February 12, 1998. The purposes of the Dock and Pier Overlay District include:
(a) 
Maintaining public access along the shore and to shellfish and shellfish beds, whether existing or potential, for the purposes allowed by law (Strategy 2.2.6.1.1);
(b) 
Maintaining safe, open waters for recreational pursuits, including swimming, power boating, rowing, rowing instruction, sailing, sailing instruction, sailboat racing, and kayaking (Goal 2.2.4); and
(c) 
Protecting and retaining the natural open character and scenic vistas of the seacoast and water (Policy 2.2.6.2).
B. 
Establishment of district.
(1) 
In order to implement the purposes of this section, the Dock and Pier Overlay District is hereby established and shall be considered as superimposed over any other districts established by this chapter as amended from time to time.
C. 
Overlay District Map. The boundaries of the Dock and Pier Overlay District established by this section are shown on the Official Zoning Map, § 240-6A, Identification of Zoning Map, as amended with a file date of August 30, 2000.
D. 
Prohibition. Within the Dock and Pier Overlay District, the construction and/or installation of docks and piers is prohibited.
E. 
Reestablishment of damaged or destroyed nonconforming docks or piers. The reestablishment of a lawful preexisting nonconforming dock or pier which has been destroyed or damaged by fire, acts of nature or other catastrophe shall be permitted pursuant to § 240-95, Reestablishment of damaged or destroyed nonconforming use or building or structure. The redeployment of a lawful preexisting nonconforming seasonal dock or pier is permitted.
F. 
Expansion of existing docks or pier. For the purposes of Article VIII, Nonconformities, the expansion of an existing dock or pier located within the Dock and Pier Overlay District shall be deemed to be substantially detrimental and shall be prohibited.
[Added 4-3-2008 by Order No. 2008-091; amended 10-7-2010 by Order No. 2010-159]
A. 
Purpose.
(1) 
The purpose of this section is to protect the general public's interest in the recreational harvesting of shellfish by creating a Recreational Shellfish Area and Shellfish Relay Area Dock and Pier Overlay District within said overlay zoning district.
(2) 
The purposes of the Recreational Shellfish Area and Shellfish Relay Area Dock and Pier Overlay District include:
(a) 
Maintaining public access along the shore and to shellfish and shellfish beds, whether existing or potential, for the purposes allowed by law.
(b) 
Prohibiting docks and piers in mapped portions of the coastal waters of Cotuit Bay, North Bay, West Bay, Lewis Bay and Barnstable Harbor designated as a Recreational Shellfish Area or Shellfish Relay Area.
B. 
Establishment of district. The boundaries of the Recreational Shellfish Area and Shellfish Relay Area Dock and Pier Overlay District are hereby established and shall be considered as superimposed over any other districts established by this chapter as amended from time to time. The Recreational Shellfish Area and Shellfish Relay Area Dock and Pier Overlay District shall include those areas shown on a maps on file with the Town Clerk entitled "Recreational Shellfish Area and Shellfish Relay Area Overlay District," dated June 17, 2010, and "Amendment to the Barnstable Zoning Map - Sheet 1 of 7, Cotuit Zoning Map Sheet 7 of 7, Hyannis Zoning Map Sheet 3 of 7, Centerville Zoning Map Sheet 4 of 7, Osterville Zoning Map Sheet 5 of 7," all dated June 17, 2010, up to and including the area seaward of the mean high water line, which map, together with all explanatory material thereon, is hereby incorporated in and made part of this chapter.
C. 
Prohibition. Within the Recreational Shellfish Area and Shellfish Relay Area Dock and Pier Overlay District, the construction and/or installation of docks and piers is prohibited, unless such dock or pier has the benefit of a valid order of conditions issued prior to August 17, 2007, and receives all other necessary local, state and federal permits, in which case the construction and/or installation and maintenance of said dock or pier shall not be prohibited.
D. 
Reestablishment of damaged or destroyed nonconforming docks or piers. The reestablishment of a lawful preexisting nonconforming dock or pier which has been destroyed or damaged by fire, acts of nature or other catastrophe shall be permitted pursuant to § 240-95A(1) and B, provided that such reestablishment shall include only materials currently allowed for such construction by the Barnstable Conservation Commission, and, for the purposes of this section, the "pursuit of construction continuously to completion" shall mean that construction shall be completed within one year of receipt of all required permits. The redeployment of a lawful preexisting nonconforming seasonal dock or pier is permitted.
E. 
Expansion of existing docks or pier. For the purposes of Article VIII, Nonconformities, the expansion of an existing dock or pier located within the Recreational Shellfish Area and Shellfish Relay Area Overlay District shall be deemed to be substantially detrimental and shall be prohibited.
F. 
Definitions. As used in this section, the following terms shall have the meanings indicated, [(from Ch. 703, Private Docks and Piers, § 703-2, Definitions.]
DOCK and PIER
The terms "dock" and "pier" shall be used interchangeably for the purposes of these regulations and shall mean the entire structure of any pier, wharf walkway, or float, and any part thereof, including pilings, ramps, walkways, float, tie-off pilings, dolphins and/or outhaul posts, that is located on a coastal bank (310 CMR 10.30), land under water bodies and waterways (310 CMR 10.56), land under the ocean (310 CMR 10.25), land under a salt pond (310 CMR 10.33), rocky intertidal shore (310 CMR 10.31), or that portion of a coastal beach (310 CMR 10.27) seaward of the mean high water line. Notwithstanding the above, either a swimming float or work float, kept at a mooring, that receives a permit from the Harbormaster and is not connected with the shore, is not a float subject to these regulations. Bulkheads duly permitted for the purpose of erosion control are not subject to this section.
SEASONAL
The dock, ramp, floats and all supporting materials are not in place prior to April 1 of each year and are removed prior to November 1 of each year.
G. 
Enforcement. Any violation of the provisions of the Recreational Shellfish Area and Shellfish Relay Area Dock and Pier Overlay District shall be subject to penalty and fines pursuant to § 240-123 of the Town of Barnstable Code.
[Added 8-16-2001]
A. 
Purpose.
(1) 
The purpose of this section is to permit the development and relocation of medical and healthcare services on a previously developed site with convenient regional access. The Medical Services Overlay District is established as a special district which overlays the Industrial Zoning District and, in part, the Groundwater Protection Overlay District. The boundaries of the Medical Services Overlay District are shown on a map of land entitled "Medical Services Overlay District" filed with the Town Clerk, which map, together with all explanatory matter therein, is hereby incorporated in and made a part of this chapter.
(2) 
Provisions of this section are designed to insure that all development activities associated with the Medical Services Overlay District will be carried out so as to provide for and maintain protection of neighboring properties, convenient and safe access for vehicular and pedestrian movement, fire-fighting and emergency rescue vehicles, satisfactory methods of stormwater management, groundwater recharge and handling and disposal of sewage and waste and adequate off-street parking. Nothing contained herein shall serve to invalidate or affect the provisions of any existing zoning ordinances which affect the proposed Medical Services Overlay District, including without limitations, the provisions of §§ 240-33 and 240-35 of this chapter.
B. 
Principal permitted uses. The principal permitted uses allowed in the Medical Services Overlay District shall include ambulatory medical services, medical offices, dental offices and clinics including patient treatment facilities of an ambulatory nature, research and development activities associated with medical and healthcare issues and/or healthcare research, treatment or administration.
C. 
Accessory use. (Reserved for future use.)
D. 
Conditional use. (Reserved for future use.)
E. 
Special permit use. (Reserved for future use.)
F. 
Bulk regulations (dimensional requirements).
(1) 
Minimum lot area: 90,000 square feet.
(2) 
Minimum lot frontage: 200 feet.
(3) 
Minimum setback, front: 60 feet (except 100 feet from Hadaway).
(4) 
Side/rear yard: 30 feet maximum.
(5) 
Building height: 30 feet or 2