[Adopted 11-1-1980; approved 2-27-1981 (Art.
XXXVIII of Ch. III of the General Ordinances as updated through 7-7-2003)]
For the purpose of this article, the words and
phrases herein defined shall be construed in accordance with the definition
set forth unless it is apparent from the context that a different
meaning is intended.
A watercraft structure designed primarily to be occupied
as living quarters.
Any area within any waters of the Town where one or more
sites or locations are rented or offered for rent for the location
of houseboats which are to be used for living quarters either permanently
or on a temporary basis.
A sewer connected to the sewer system of the Town of Barnstable
or to a private sewage disposal system approved by the Board of Health.
No person shall moor or dock a houseboat in
the waters of the Town except at a pier, slip or dock for which a
valid current marina license has been issued under MGL c. 91, § 59B.
No person shall use or occupy or permit the
use or occupancy of a houseboat for living quarters either permanently
or on a temporary basis on the waters of the Town except in a houseboat
marina operated pursuant to a permit issued by the Town Manager and
unless such houseboat meets the following requirements:
A.
There is provided within the houseboat not less than
600 square feet of living area.
B.
The houseboat is designed and maintained so there
is a single opening above the waterline for waste and sewage removal
and such opening is tightly connected to a permanent sewer.
C.
The houseboat is designed and constructed so that
it meets the requirements of the State Building Code, including specialized
codes thereof, except insofar as the provisions thereof are not responsibly
applicable.
No person shall operate a houseboat marina or
rent or hold out for rent any site or space for the location of a
houseboat to be used or occupied for living quarters either permanently
or on a temporary basis without having a current permit for such marina
from the Town Manager.
A.
Any person desiring to operate a houseboat marina
shall file an application for a permit to do so with the Town Manager
and submit a fee in the amount to be fixed by the Town Manager for
processing such application.[1] Such application must be accompanied by a plan showing
the location of the proposed marina and the facilities contemplated
therein. The Town Manager shall act on such application within 60
days after it is submitted.
B.
The Town Manager shall grant such permit if the following
conditions are met:
(1)
The applicant owns or has a lease of the land over
which the marina is proposed to be operated.
(2)
There is provided within such marina a minimum of
875 square feet of space for the exclusive use of each houseboat and
its appurtenances to be located therein.
(3)
Prior to the time any houseboats are located therein,
a permanent float, dock or slip for the mooring or dockage of each
houseboat from which such houseboat may be directly boarded is constructed.
(5)
The marina is in a zoning district of the Town where
marinas are permitted.
(6)
There is provided on land adjacent to the marina two
parking spaces for each houseboat site within the proposed marina.
C.
The Town Manager may limit the term of such permit
and may impose additional conditions on such permit deemed necessary
by it to protect the public health, welfare and safety and to promote
the general welfare.
Any permit for a houseboat marina may be revoked
by the Town Manager after written notice to the operator of such marina
and an opportunity to be heard before the Town Manager. Such written
notice shall be mailed to the operator of the marina at the address
shown on the permit and shall state the date and time the Town Manager
will consider the proposed revocation. The grounds for revocation
shall be:
A.
The houseboat marina no longer meets the conditions
under which the permit was granted.
B.
The houseboat marina has become a source of pollution
of the waters of the Town.
C.
The facilities of the marina or the houseboats located
therein have fallen into a state of disrepair.
D.
Individual houseboats are permitted or maintained
within the marina which do not meet the requirements for houseboats
established by this article.
The provisions of this article shall be administered
by the Town Manager. The Board of Health, the Department of Public
Works, the Building Commissioner and the Harbormaster shall assist
the Town Manager in the administration and enforcement of this article,
each within its or their appropriate jurisdiction. Any aggrieved person
may appeal any decision of the Town Manager, except where another
method of appeal is provided by law. The Town Manager shall make a
decision on the appeal within 60 days, and such decision shall be
final.[1]
