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.
(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.
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:
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.
D.
Open space residential developments. (See § 240-17.)
(1)
(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.
(4)
Windmills and other devices for the conversion of
wind energy to electrical or mechanical energy, but only as an accessory
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)
|
|
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]
(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.
(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:
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.
(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.
(5)
Windmills and other devices for the conversion of
wind energy to electrical or mechanical energy, but only as an accessory
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)
|
|
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:
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 18% of the dwelling units shall be affordable
units, subject to the following conditions:
[Amended 11-2-2017 by Order No. 2018-027; 2-4-2021 by Order No. 2021-059]
(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.
(7)
Affordable units shall obtain 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 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.
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.
AFFORDABLE UNIT
APPLICANT
MULTIFAMILY AFFORDABLE HOUSING DEVELOPMENT (MAHD)
QUALIFIED AFFORDABLE HOUSING UNIT PURCHASER OR TENANT
USE RESTRICTION
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A dwelling unit reserved in perpetuity for rental or ownership
by a qualified affordable housing unit purchaser or tenant as defined
herein and priced to conform with the standards of the Massachusetts
Department of Housing and Community Development (DHCD) Local Initiative
Program Guidelines, in order that such affordable units shall be included
in the DHCD Subsidized Housing Inventory.
[Amended 2-4-2021 by Order No. 2021-059]
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.
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.[1]
An individual or household with total annual income that
does not exceed the following percentages of the area median income
for the Town of Barnstable, as determined annually by the United States
Department of Housing and Urban Development:
[Added 2-4-2021 by Order No. 2021-059]
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.
[1]
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."
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.
(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.
(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]
(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.
AFFORDABLE UNIT
APPLICANT
BEDROOM
PRIVATE INITIATED AFFORDABLE HOUSING DEVELOPMENT (PI-AHD)
Definitions. As used in this section, the following
terms shall have the meanings indicated:
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.
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.
A separate room within a dwelling unit intended for, or which
customarily could be used for, sleeping.
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]
(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.
(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:
(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.
(9)
ARTISAN OR CRAFTSPERSON USE
(a)
PERSONAL SERVICE
SMALL-SCALE RETAIL STORE
Definitions. The following terms are defined in the WBVBD and shall
not be construed to apply to other regulations.
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:"
ARTISAN OR CRAFTSPERSONA 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.
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 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.
[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]
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:
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]
B.
Accessory uses. The following uses are permitted as
accessory uses in the VB-A District:
(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.
(3)
Auto service and repair shops subject to the following:
(4)
Windmills and other devices for the conversion of
wind energy to electrical or mechanical energy, subject to the following:
(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.
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; amended 6-1-2006 by Order No. 2006-136; 3-18-2010 by Order No. 2010-069; 7-21-2016 by Order No. 2016-166; 4-27-2017 by Order
No. 2017-100; 9-6-2018 by Order No. 2019-015; 11-7-2019 by Order No. 2020-021; 2-2-2023 by Order No. 2022-144]
[1]
Editor's Note: Regulations for the Downtown Hyannis Zoning Districts are found in §§ 240-24.1.1 through 240-24.1.12.
These districts shall be collectively known as the "Downtown
Hyannis Zoning Districts."
A.
Applicability.
1.
Where the provisions of §§ 240-24.1.1 through 240-24.1.13 conflict with those found elsewhere in the Barnstable Zoning Ordinance, the provisions of this section shall apply.
2.
The provisions of the Barnstable Zoning Ordinance § 240-6.C(3)
shall not apply within the Downtown Hyannis Zoning Districts.
B.
Development review.
1.
The Planning Board is the Special Permit Granting Authority
(SPGA) for all development within the Downtown Hyannis Zoning Districts.
2.
Development within the Downtown Hyannis Zoning Districts, excluding single-family residences, must comply with Article IX, § 240-103, Site development standards, and the design and infrastructure plan.
(a)
The Planning Board shall establish a design and infrastructure
plan (DIP) which shall be adopted after a public hearing.
(b)
In conjunction with the Formal Site Plan Review required by Article IX Site Plan Review, development and modification that meets or exceeds the thresholds established in Subsection (i) below in the Downtown Hyannis Zoning Districts shall be reviewed by the Building Commissioner or his designee at a public meeting at which public comment shall be allowed, with notice of such meeting to be provided in accordance with the notice requirements of Sections 18 through 25 of MGL c. 30A, the Massachusetts Open Meeting Law; provided that the requirements of the Open Meeting Law shall not otherwise apply to such meeting.
(i)
Development of a principal building(s) or new parking
lot, modifications of existing structures that result in an increase
of 5,000 or more square feet, or the expansion or modification of
an existing surface parking lot containing 21 or more parking spaces
that increases the number of parking spaces by five or more.
(ii)
Prior to the formal site plan review meeting,
notice of the meeting shall be mailed to property owners whose properties
are within 300 feet of the subject property, with such notice postmarked
at least 10 days in advance of the meeting.
3.
The use of land or occupancy of floor space is permitted as specified by § 240-24.1.5B, Use provisions.
A.
General.
(1)
ACCESSORY PARKING
BUILDING COMPONENT
COMMERCIAL PARKING
COMMERCIAL SERVICE
CULTURAL SERVICES
DEVELOPMENT
FACADE
FENESTRATION
FOOD AND BEVERAGE SERVICES
FORECOURT
FRONTAGE AREA
FRONTAGE TYPE
HEALTH CARE CLINIC
HOSPITAL
LOT COVERAGE
MODIFICATION
OFFICE
OUTBUILDING
PRINCIPAL BUILDING
PRINCIPAL ENTRANCE
RECREATIONAL FACILITY
RESEARCH AND DEVELOPMENT
RESIDENTIAL
RETAIL SALES
SHRUB, LARGE
SHRUB, MEDIUM
SHRUB, SMALL
STORY
STORY, GROUND
STORY, UPPER
THROUGH LOT
TREE, CANOPY
TREE, EVERGREEN
TREE, UNDERSTORY
VISITOR ACCOMMODATIONS
The following defined words, phrases, and terms are applicable
for real property within the Downtown Hyannis Zoning Districts.
Motor vehicle parking spaces that are incidental but supportive
of (a) principal building(s).
A structural projection from the main massing or roof of
a building that increases habitable square footage or enhances the
usefulness of floor area.
A surface parking lot or structured parking facility providing
short- or long-term parking service for a fee.
The provision of various services, entertainment, or recreational
opportunities to individuals, groups, or businesses including animal
care, assembly and entertainment, banking and financial services,
building and home repair, business support, day care and education,
maintenance and repair of consumer goods, personal services, gyms
and health clubs, and recreational services.
The provision of social or cultural services to individuals
or groups including membership-based social organizations and the
production, manufacture, publishing, rehearsal, performance, broadcast,
selling, or teaching of the arts.
The platting of any lot, construction of any structure, or
establishment of any parking lot that did not exist prior to the adoption
of the Downtown Hyannis Zoning Districts.
Any exterior wall of a principal building oriented toward
a front lot line.
The openings in the facade of a building, including windows
and doors.
The provision of food or beverages for on- or off-site sale
or consumption.
An open space between the forward projecting wings of a building.
 |
The area of a lot between the facade of a principal building
and any front lot line(s), projected to the side lines of the lot.
A distinct combination of facade and frontage area design
features.
The provision of health care services to patients or clients
excluding inpatient or overnight care.
A facility for the care and treatment of patients as licensed
by the Massachusetts Department of Public Health under MGL c. 111,
§ 51.
The ratio or percentage of a lot that is covered by principal
buildings, outbuildings, accessory structures, and impervious paved
surfaces including driveways, parking lots and sidewalks.
The alteration or structural change of an existing structure
and any change to the parking capacity of an existing parking lot.
The administrative, professional, or clerical operations
of a business and the provision of outpatient health services to patients
or clients by appointment.
A freestanding, fully enclosed structure for an accessory
use or for activities customary to the principal use of land or a
principal building.
The primary building on a lot.
The addressed entrance to a building or commercial space.
The provision of public recreational services including bowling
and billiards, and video arcades.
The analysis, testing, and development of ideas and technology
including computer software, information technology, communications
systems, transportation, and multi-media technology where the construction
of prototypes may be an ancillary activity.
The provision of living accommodations.
The sale, lease, or rental of new or used goods to the ultimate
consumer.
A multistemmed, woody plant with an expected mature height
of six feet.
A multistemmed, woody plant with an expected mature height
of four feet.
A multistemmed, woody plant with an expected mature height
of two feet.
The portion of a building located between the surface of
a habitable floor and the surface of the habitable floor or roof next
above.
The lowest story of a building with a finished floor at or
above the finished ground level next to a building at the facade.
Any story above the ground story of a building.
A lot fronting on two or more improved ways, excluding a
corner lot.
A deciduous tree with an expected mature height of 30 feet
or more.
An evergreen tree (conifer) with an expected mature height
of 20 feet or more.
A deciduous tree with an expected mature height of 20 feet
or more.
The provision of temporary lodging in guest rooms or guest
units for a fee.
A.
Building standards.
1.
Frontage types.
(a)
Buildings must have at least one frontage type except if otherwise
specified. Buildings on corner lots must have two frontage types,
one for each frontage.
(b)
Frontage types are permitted as specified by Table 11.[1]
[1]
Editor's Note: See § 240-24.1.13, Tables.
(c)
Multiple frontage types may exist for buildings that have more
than one principal entrance.
2.
Buildings must have at least one principal entrance located
on the facade.
(a)
Multistory buildings with ground floor commercial space(s) must
have one principal entrance for each commercial space in addition
to any principal entrance(s) necessary for any upper stories.
3.
Buildings may not exceed the maximum number of stories as specified
for each district.
(a)
Each individual story of a building must comply with the minimum
and maximum story height specified for each district.
(b)
Story height is measured vertically from the surface of the
finished floor to the surface of the finished floor above. When there
is no floor above, story height is measured from the surface of the
finished floor to the top of the structural beam or joists above or
the top of the wall plate, whichever is more.
(c)
The ground story is always counted as one story, except that
a single ground story over 18 feet in height is counted as two stories.
(d)
Each upper story is counted as one additional story, except
that any upper story over 16 feet is counted as two stories.
(e)
Basements are not counted as one story unless the finished floor
of the ground story is five feet or more above the average ground
level of the lot.
(f)
Habitable space located directly under a pitched roof is counted
as a 0.5 story.
(i)
The roof rafters of a half story must intersect
the wall plate or top of wall frame of the exterior walls at a height
no more than two feet above the finished floor of the half story.
(g)
Nonhabitable attic space located under a pitched roof is not
counted a half story.
(h)
Pitched roofs with a slope greater than 12:12 require a special
permit.
4.
Buildings may not exceed the maximum building height specified
for each district, as applicable.
(a)
Building height is measured as the vertical distance from the
average finished ground level to the top of the structural beam or
joists of the uppermost story.
5.
Nonhabitable architectural features including, but not limited
to, mechanical and stairwell penthouses; vents or exhausts; solar
panels or skylights; belfries, chimneys, cupolas, parapets, spires,
and steeples are not included in any building height or story calculations
and are permitted on roofs.
6.
Building components are permitted as specified by Table 12.[2]
[2]
Editor's Note: See § 240-24.1.13, Tables.
7.
Facades must have fenestration as specified for each district,
as applicable.
(a)
Fenestration is calculated as a percentage of the area of a
facade.
(b)
For buildings with ground story commercial spaces, ground story
fenestration is measured between two feet and 12 feet above the finished
floor of the ground story.
(c)
For all other buildings and all other building stories, fenestration
is measured independently for each story, corresponding with the top
of a finished floor to the top of the finished floor above.
8.
Fenestration enclosed with glass may be included in the calculation
if it meets the following criteria:
(a)
For ground story fenestration, glazing must have a minimum 60%
Visible Light Transmittance (VLT) and no more than 15% Visible Light
Reflectance (VLR) as indicated by the manufacturer.
(b)
For upper story fenestration, glazing must have a minimum of
40% VLT and no more than 15% VLR as indicated by the manufacturer.
B.
Use provisions.
1.
General.
(a)
The use of real property is permitted as specified by Table
1.
(i)
Table 1 is organized by broad use categories and
specific uses that may be regulated differently than other uses from
the same category.
(ii)
Use categories are intended to include uses with
similar functional, product, or physical characteristics; the type
and amount of activity; the manner of tenancy; the conduct of customers;
how goods or services are sold or delivered; and the likely impacts
on surrounding properties.
(iii)
Where Table 1 identifies a category followed
by "except as follows" any use that meets the definition of that use
category is permitted by right, while the specific uses identified
in the list under that category are either not permitted, are permitted
with limitations, or require a special permit despite belonging to
the same use category.
(iv)
Where Table 1 identifies a category followed by
"as specified below" the specific uses listed under the category are
the only land uses permitted from that use category.
(b)
The Building Commissioner shall classify the actual use of land or structures using the defined use categories specified on Table 1. Also see § 240-24.1.4, Definitions.
(i)
Real property may have one or more principal use(s).
(ii)
Once classified into a use category, the use of
land or structures in the same manner cannot also be classified into
another use category.
(iii)
The use of land or structures in a manner that
is inconsistent with a permitted use category or specific use type
specified on Table 1 is prohibited.
(iv)
Unless classified as a specific use that is not
permitted in a zoning district, an existing nonconforming use may
be changed to another nonconforming use that is from the same use
category as the existing nonconforming use by special permit.
(v)
A nonconforming use may not change to a different
nonconforming use that is from a different use category than the existing
nonconforming use.
(c)
Accessory uses are permitted as set forth in Article V of the Barnstable Zoning Ordinance.
|
Table 1.
| |||||||
|---|---|---|---|---|---|---|---|
|
Use Category Specific Use
|
DMS
|
DV
|
DN
|
DH
|
HH
|
TC
|
HC
|
|
Commercial services (except as follows)
|
P
|
P
|
N
|
P
|
P
|
P
|
P
|
|
Automobile maintenance and repair
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
|
Boat storage and repair
|
N
|
N
|
N
|
N
|
P
|
N
|
N
|
|
Contractor services
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
|
Funeral services
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
|
Marina
|
N
|
N
|
N
|
N
|
P
|
N
|
N
|
|
Commercial parking
|
N
|
N
|
N
|
N
|
N
|
P
|
SP
|
|
Public transportation maintenance
|
N
|
N
|
N
|
N
|
N
|
SP
|
N
|
|
Recreational facility
|
SP
|
SP
|
N
|
SP
|
SP
|
SP
|
SP
|
|
Self-storage facility
|
N
|
N
|
N
|
N
|
N
|
N
|
SP
|
|
Veterinary services
|
SP
|
SP
|
N
|
N
|
N
|
N
|
P
|
|
Cultural services (as specified below)
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
|
Arts and culture establishments
|
P
|
P
|
N
|
N
|
P
|
P
|
P
|
|
Fraternal and social organizations
|
P
|
P
|
N
|
N
|
P
|
P
|
P
|
|
Performing arts and theaters
|
P
|
P
|
N
|
N
|
P
|
P
|
P
|
|
Artist live/work
|
P
|
P
|
P
|
N
|
P
|
P
|
N
|
|
Food and beverage services (except as follows)
|
L
|
L
|
N
|
SP
|
L
|
L
|
SP
|
|
Brewery/distillery
|
L
|
N
|
N
|
N
|
N
|
N
|
N
|
|
Hospital
|
N
|
N
|
N
|
P
|
N
|
N
|
N
|
|
Office (except as follows)
|
P
|
P
|
L
|
P
|
P
|
P
|
P
|
|
Health care clinic
|
P
|
P
|
L
|
P
|
P
|
N
|
P
|
|
Research and development
|
P
|
P
|
N
|
P
|
P
|
N
|
P
|
|
Residential (as specified below)
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
|
Multiunit dwelling
|
L
|
L
|
L
|
N
|
L
|
L
|
N
|
|
Two-unit dwelling
|
P
|
P
|
L
|
N
|
N
|
N
|
N
|
|
Single unit dwelling
|
N
|
P
|
P
|
N
|
N
|
N
|
N
|
|
Retail sales (except as follows)
|
L
|
L
|
N
|
SP
|
L
|
L
|
SP
|
|
Boat sales
|
N
|
N
|
N
|
N
|
SP
|
N
|
N
|
|
Gasoline sales
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
|
Motor vehicle sales
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
|
Visitor accommodations (as specified below)
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
|
Hotel/motel
|
P
|
N
|
N
|
N
|
P
|
N
|
P
|
|
Bed-and-breakfast
|
N
|
P
|
P
|
N
|
P
|
N
|
N
|
|
P Permitted by right
|
|
SP Special permit
|
|
N Not permitted
|
|
L Permitted with limitations (see district)
|
C.
Parking standards.
1.
Applicability.
(a)
Parking is required based on the intended use of floor area
within a building at construction permitting and not for the subsequent
establishment, change, or expansion of any permitted use; or the renovation
of any existing principal building.
2.
General.
(a)
Accessory parking must be provided as specified by Table 2 and
is calculated as the sum of all required spaces, including any adjustment
specified for on-site shared parking.
(i)
Commercial parking uses are exempt from Table 2.
(b)
Relief from the parking requirements of Table 2 requires a special
permit.
(c)
In its discretion to approve or deny a special permit authorizing
relief from the minimum parking requirements of Table 2, the Planning
Board shall consider conditioning the special permit upon one or more
of the following:
3.
Location.
(a)
Accessory parking spaces must be located on the same lot as
the building they support and may be provided within a principal building
or outbuilding or as surface parking.
(b)
Motor vehicle parking of any type is prohibited within the frontage
area of a lot and any required landscape buffer.
(i)
Real property in the Highway Commercial (HC) district
or in the Downtown Hospital (DH) district is exempt.
|
Table 2.
Minimum Required Accessory Parking Spaces
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
Use Category
|
DMS
|
DV
|
DN
|
DH
|
HH
|
TC
|
HC
|
On Site Shared Parking Adjustment1
|
|
Commercial services (per 1,000 square feet)
|
0
|
4
|
N/A
|
4
|
4
|
4
|
4
|
Reduce by 50% the required spaces for commercial services where
mixed with residential uses on the same lot
|
|
Cultural services (per 1,000 square feet)
|
0
|
4
|
4
|
4
|
N/A
|
4
|
4
|
Reduce by 20% the required spaces for cultural services where
mixed with residential uses on the same lot
|
|
Food and beverage services (per 1,000 square feet)
|
0
|
4
|
N/A
|
4
|
4
|
4
|
4
|
—
|
|
Hospital (per 3 beds)
|
N/A
|
N/A
|
N/A
|
1
|
N/A
|
N/A
|
N/A
|
—
|
|
Office (per 1,000 square feet)
|
3
|
3
|
3
|
3
|
3
|
3
|
3
|
Reduce by 50% the required spaces for office where mixed with
residential uses on the same lot
|
|
Residential or artist live/work (per DU)
|
1
|
1
|
1
|
N/A
|
1
|
1
|
N/A
|
—
|
|
Retail sales (per 1,000 square feet)
|
0
|
4
|
N/A
|
4
|
4
|
4
|
4
|
Reduce by 20% the required spaces for retail sales where mixed
with residential uses on the same lot
|
|
Visitor accommodations (per room)
|
1.25
|
1.25
|
1.25
|
N/A
|
1.25
|
N/A
|
1.25
|
—
|
D.
Site standards.
1.
Forecourts.
(a)
Driveways and passenger drop-offs are permitted in forecourts
by special permit.
(i)
Real property in the Downtown Hospital (DH) district
is exempt.
(b)
Garage entrances, parking spaces, loading and service areas,
exhaust vents, mechanical equipment, and refuse or recycling storage
are not permitted in forecourts.
2.
Landscaping.
(a)
Lot area uncovered by structures or impermeable surfaces must
be landscaped.
(b)
New canopy trees must be at least 14 feet in height or three
inches in caliper when planted.
(c)
New understory trees must be at least 10 feet in height or 1.5
inches in caliper when planted.
(d)
New evergreen trees must be at least six feet in height when
planted.
(e)
Vegetation must be low-water-use and low-maintenance plant species
that are indigenous to Cape Cod. Plant species should be capable of
withstanding seasonably wet conditions and provide habitat value for
wildlife.
(f)
Landscaped areas must be maintained, irrigated, and fertilized.
Vegetation should be organically maintained to every extent practicable.
(g)
Vegetation may not obscure any driveways, vehicular entrances,
or roadway intersections.
(h)
Mulch may not be placed in a manner that will wash into catch
basins or drainage pipes.
(i)
All site plan and special permit applications for development
or modifications that meet or exceed the thresholds established in
§ 240-24.1.3B2(b)(i) must submit a landscape plan(s) signed
and stamped by a MA registered landscape architect.
(j)
The Building Commissioner shall not issue a certificate of occupancy
until the landscaping has been installed in accordance with the approved
plans unless the property owner posts security to the Town of Barnstable
for 150% of the estimated cost of installation of the landscaping.
(k)
All development and/or modifications that meet or exceed the
thresholds established in § 240-24.1.3B2(b)(i) shall provide
financial security for 150% of the estimated cost of plant installation
for the duration of three years after planting has been installed
and must be provided prior to issuance of any certificate of occupancy
in a form acceptable to the Town Attorney's Office. The cost
estimate shall be prepared by a qualified professional and submitted
to the Director of Planning and Development for approval. Upon completion
of planting, the applicant must request an inspection. The three-year
maintenance period commences upon approved inspection. Partial release
of the security may be authorized after approved inspection, not to
exceed 50%. The full security shall be returned to the applicant or
their successors after three years upon final inspection by the Director
of Planning & Development. The Town reserves the right upon noncompliance
with this section to pursue all available legal and equitable remedies
to compel compliance.
(l)
Any fractional value required for plant materials is rounded
up to the next whole number.
3.
Stormwater management.
(a)
Rain gardens should be used to the maximum extent practicable.
Rain gardens are defined as landscaped areas designed to absorb and
filter stormwater runoff from impervious surfaces.
5.
Outdoor lighting.
(a)
All outdoor lighting must be directed only on site.
(i)
The trespass of light at any lot line may not exceed
0.1 footcandle, except that the trespass of light at any lot line
abutting a lot in Downtown Neighborhood (DN) district may not exceed
0.05 footcandle.
(ii)
At driveways, lighting may be up to 0.5 footcandle
at the front lot line.
(iii)
Outdoor lighting may not cause glare that impacts
motorists, pedestrians, or neighboring premises.
(b)
Light fixtures must have a total cutoff of all light at less
than 90° and a beam cutoff of less than 75°. Attached building
or wall pack lighting should be screened by the building's architectural
features or contain a 45° cutoff shield.
(c)
Electrical service for lighting on posts or poles must be located
underground.
6.
Fences.
(a)
Fences greater than four feet in height in the frontage area
and seven feet in height in all other locations at any point along
their length require a special permit except that where fencing that
is higher than seven feet is needed to screen mechanical equipment,
the Building Commissioner may allow a greater height as determined
through the site plan review process.
(b)
Fences may be no more than 50% open.
(c)
Fence posts and supporting rails must face inward toward the
property being fenced and the finished face must be oriented towards
the abutting lot.
7.
Vehicular access.
(a)
Driveways, vehicular entrances to parking lots or structures
and curb cuts must comply with the minimum or maximum width specified
for each district.
(c)
All new curb cuts require a special permit.
(d)
The interior width of a curb cut (between the curb stones or
flares) may be no wider than the driveway, vehicular entrance, or
loading facility it serves, unless a greater width is determined to
be appropriate by the Building Commissioner during the Site Plan Review
process based upon unique operational requirements of the proposed
use.
(e)
A driveway apron may be installed within a sidewalk of an improved
way, but the grade, cross slope, and clear width of the pedestrian
walkway must be maintained between the driveway apron and the abutting
driveway.
(f)
The appearance of the pedestrian walkway (i.e., scoring pattern
or paving material) must indicate that, although a vehicle may cross
to enter a property, the area traversed by a vehicle remains part
of the sidewalk.
E.
Surface parking lot design standards.
1.
Applicability.
(a)
This section is applicable to the construction of any new surface
parking lot and the expansion or modification of an existing surface
parking lot containing 21 or more parking spaces that increases the
number of parking spaces by five or more.
2.
General.
(a)
To reduce traffic congestion and increase convenience for customers,
employees, and residents, development is encouraged to provide direct
vehicular connections between abutting parking lots so that motor
vehicles can move between properties without re-entering the public
street.
(b)
To increase walkability and reduce conflicts between pedestrians
and motor vehicles, development is encouraged to provide access to
rear parking lots via driveways that are shared between abutting properties
or multiple properties on the same block face.
3.
Surface parking lot landscaping.
(a)
One three-inch minimum caliper low-water-use, low-maintenance
tree must be provided for every five parking spaces and must be located
within 10 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 parking lots are credited
toward this requirement.
(b)
A front landscaped buffer at least 10 feet wide must be provided
between any parking lot and any lot line abutting an improved way
and must include the following features over the span of 50 linear
feet:
(c)
A side/rear landscaped buffer at least six feet wide must be
provided between any side or rear lot line and any parking lot with
five or more parking spaces, excluding any vehicular connections to
abutting parking lots and must include the following features over
the span of 50 linear feet:
(d)
A landscaped buffer at least 10 feet wide must be provided between
any building and any parking lot with 10 or more parking spaces, excluding
building entrances, service and loading areas, and utility locations,
and must include the following features over the span of 50 linear
feet:
(e)
At least 10% of any parking lot with 10 or more parking spaces
must be landscaped. Lot area required as a landscape buffer is excluded
from the calculation of the parking lot area.
(f)
Landscape islands abutting a single row of parking spaces must
be at least six feet in width and the same length as the parking spaces.
Each island must include one three-inch minimum caliper, low-water-use,
low-maintenance tree.
(g)
Landscape islands abutting a double row of parking spaces must
be at least eight feet in width and the same length as the parking
spaces. Each island must include two three-inch minimum caliper, low-water-use,
low-maintenance trees.
A.
Intent.
1.
The Downtown Main Street District is intended to promote the
continuation of a walkable, pedestrian-oriented downtown environment
with continuous active streetscape. Development is characterized by
mid-rise (two- to four-story) mixed-use buildings, continuous street
walls and variety of materials with parking visually minimized. Land
uses are mixed residential and active commercial, including retail,
restaurant, office, hospitality, cultural and institutional.
B.
Lot standards.
1.
Newly platted lots must be dimensioned as specified by Table
3.
2.
Building facades must have a minimum width that is equal to
a percentage of a lot's width and is specified as the facade
buildout by Table 3.
(a)
Facade buildout is calculated by dividing the total width of
all facades by the lot width and may be cumulatively calculated by
multiple buildings.
(b)
The open space of a forecourt is considered part of the building
for the purpose of measuring building width and facade buildout.
(c)
The SPGA may provide relief from the facade buildout requirements;
the Board must find the issuance of the special permit is consistent
with the design and infrastructure plan.
|
Facade Build Out
| |
 Single Building per Lot = A ÷ B
|
 Multiple Buildings per Lot = (A + A) ÷ B
|
C.
Building standards.
1.
Multiple principal buildings are permitted per lot.
2.
Principal buildings are permitted as specified by Table 3.
(a)
Additional principal buildings are exempt from the required
maximum front setback.
3.
Principal building facade(s) must be built parallel to any primary
front lot line, at or between the minimum and maximum front setbacks.
4.
Any building contributing toward the frontage buildout for any
lot fronting Main Street between Ocean Street and Sea Street must
provide ground story commercial space that is at least 20 feet in
depth for 100% of the total width of the building, excluding lobby
entrances and other means of egress associated with the use of upper
stories.
5.
Awnings, canopies, signs, balconies, and nonhabitable architectural features of a building may project over the public sidewalk but must provide at least eight feet of clearance and a license from the Town Manager in accordance with Barnstable General Ordinances, Part 1, Chapter 121, § 121-6J is required.
6.
The fourth story of any building must be recessed ("stepped
back") from the facade of the stories below at least eight feet.
 |
7.
Mechanical and stairwell penthouses and building systems equipment
must be setback from any exterior wall a distance that is equal to
their height.
8.
Facades may not have any blank wall areas without fenestration
or architectural surface relief greater than 20 feet measured both
vertically and horizontally for all stories of a building for any
facade.
9.
Loading and service areas may not be visible from any public
sidewalk of Main Street.
D.
Design guidelines.
1.
The development of any new principal building should include
a pedestrian passage connecting the sidewalk at the front of the property
to any parking areas to the rear of the building, to every extent
practicable, where no such pedestrian passage exists within 200 linear
feet of the building's principal entrance.
 |
2.
When provided, pedestrian passages may be designed as an open-air
passage between buildings, a covered atrium providing continuous protection
from the elements, or as an up to two-story passage through a building.
E.
Use provisions.
1.
Limitations.
(a)
Occupation of a single commercial space greater than 5,000 square
feet by any food and beverage service or retail sales use requires
a special permit.
(b)
The maximum number of dwelling units permitted for any multiunit
dwelling residential use is determined by the permitted dimensions
of the building and the actual motor vehicle parking spaces provided
on a lot as required by Table 2.
F.
Site standards.
1.
Driveways, vehicular entrances to parking lots or structures,
and curb cuts may be no wider than 24 feet.
G.
Landscape standards.
1.
A front landscape area is not required if the front setback
is zero. When a setback is greater than zero, those portions of the
setback not occupied by pedestrian amenities and public spaces shall
be landscaped including one canopy tree to be planted every 30 feet
of frontage of the property.
2.
A side or rear landscaped area at least six feet wide must be
provided along any side or rear lot line abutting a lot in Downtown
Neighborhood (DN) district and must include the following features
over the span of 50 linear feet:
H.
Parking standards.
1.
For development on any through lot fronting Main Street, parking
access must be provided from the non-Main-Street frontage.
|
Table 3. DMS Dimensional Standards
| |||
|---|---|---|---|
 | |||
|
Lot
|
Building Form
| ||
|
Lot width
|
30 feet minimum
|
E - Building width
|
180 feet maximum
|
|
Lot coverage
|
100% maximum
|
F - Number of stories
|
3.5 or 4 maximum1
|
|
Facade buildout (minimum)
|
—
|
G - Ground story height
|
—
|
|
Primary frontage
|
80% minimum
|
Commercial
|
14 feet minimum
|
|
Secondary frontage
|
40% minimum
|
Residential
|
10 feet minimum
|
|
Setbacks - Principal Buildings
|
H - Upper story height
|
10 feet minimum
| |
|
A - Primary front setback
|
0 foot minimum 15 feet maximum
|
Building Features
| |
|
B - Secondary front setback
|
0 foot minimum 15 feet maximum
|
Ground story fenestration
|
—
|
|
C - Side setback
|
0 foot minimum
|
Primary frontage
|
60% minimum
|
|
D - Rear setback
|
0 foot minimum
|
Secondary frontage
|
15% minimum
|
|
Upper story fenestration
|
15% minimum
| ||
|
Blank wall
|
20 feet maximum
| ||
|
Commercial space depth
|
20 feet minimum
| ||
|
1
|
See § 240-24.1.6C6 (fourth story step-back).
|
A.
Intent.
1.
The Downtown Village District is intended to promote mixed land
uses that support the downtown core and reestablish or preserve traditional
neighborhood forms and pedestrian orientation. Development is characterized
by mid-rise (two- to four-story) single-use buildings and detached
and semi-detached residential buildings.
B.
Lot standards.
1.
Newly platted lots must be dimensioned as specified by Table
4.
2.
Lot coverage may not exceed the maximum specified by Table 4.
3.
Building facades must have a minimum width that is equal to
a percentage of a lot's width and is specified as the facade
buildout on Table 4.
(a)
Facade buildout is calculated by dividing the total width of
all facades at or forward of the maximum front setback by the lot
width and may be cumulatively calculated by multiple buildings.
(b)
The open space of a forecourt is considered part of the building
for the purpose of measuring building width and facade buildout.
(c)
The SPGA may provide relief from the facade buildout requirements;
the Board must find the issuance of the special permit is consistent
with the design and infrastructure plan.
|
Facade Build Out
| |
|
Single Building per Lot = A ÷ B
|
Multiple Buildings per Lot = (A + A) ÷ B
|
C.
Building standards.
1.
Multiple principal buildings are permitted per lot.
2.
Principal buildings are permitted as specified by Table 4.
(a)
Additional principal buildings are exempt from the required
maximum front setback.
3.
Principal building facade(s) must be built parallel to any primary
front lot line, at or between the minimum and maximum front setbacks.
4.
The fourth story of any building must be recessed ("stepped
back") from the facade of the stories below at least eight feet.
5.
Mechanical and stairwell penthouses and building systems equipment
must be set back from any exterior wall a distance that is equal to
their height.
D.
Use provisions.
1.
Limitations.
(a)
Occupation of a single commercial space greater than 5,000 square
feet by any food and beverage service or retail sales use requires
a special permit.
(b)
The maximum number of dwelling units permitted for any multiunit
dwelling residential use is determined by the permitted dimensions
of the building and the actual motor vehicle parking spaces provided
on a lot as required by Table 2.[1]
[1]
Editor's Note: See § 240-24.1.5, Standards for all Districts.
E.
Site standards.
1.
Driveways, vehicular entrances to parking lots or structures,
and curb cuts may be no wider than 24 feet.
F.
Landscape standards.
1.
A front landscape area is not required if the front setback
is zero. When a setback is greater than zero, those portions of the
setback not occupied by pedestrian amenities and public spaces shall
be landscaped including one canopy tree to be planted every 30 feet
of frontage of the property.
|
Table 4. DV Dimensional Standards
| |||
|---|---|---|---|
 |
 | ||
|
Lot
|
Building Form
| ||
|
Lot width
|
30 feet minimum
|
E - Building width
|
120 feet maximum
|
|
Lot coverage
|
80% maximum
|
F - Number of stories
|
3.5 or 4 maximum1
|
|
Facade buildout (minimum)
|
—
|
G - Ground story height
|
—
|
|
Primary frontage
|
80% minimum
|
Commercial
|
14 feet minimum
|
|
Residential
|
10 feet minimum
| ||
|
Setbacks - Principal Buildings
|
Upper story height
|
10 feet minimum
| |
|
A - Primary front setback
|
0 foot minimum
15 feet maximum
|
Building Features
| |
|
B - Secondary front setback
|
0 foot minimum
15 feet maximum
|
Ground story fenestration
|
—
|
|
C - Side setback
|
0 foot minimum
|
Primary frontage
|
15% minimum
|
|
D - Rear setback
|
0 foot minimum
|
Secondary frontage
|
15% minimum
|
|
Upper story fenestration
|
15% minimum
| ||
|
Blank wall
|
20 feet maximum
| ||
|
Commercial space depth
|
20 feet minimum
| ||
|
1
|
See § 240-24.1.7C4 (fourth story step-back).
|
A.
Intent.
1.
The Downtown Neighborhood District is intended to promote the
traditional uses and form of the neighborhoods adjacent to downtown
that are characterized by a variety of 19th and 20th century detached
and semi-detached residential building types.
D.
Use provisions.
1.
Limitations.
(a)
Office and Health Care Clinic uses are permitted only for lots
fronting South Street, School Street, or High School Road.
(b)
Two-unit dwellings are prohibited for lots fronting only Brookshire
Road or King's Way.
(c)
Multiunit dwellings are permitted in the DN District with a
maximum of four dwelling units permitted in any one building per lot.
In addition, one accessory dwelling unit may be permitted per lot.
Multiunit dwellings shall be prohibited for lots fronting on only
Brookshire Road or King's Way.
E.
Site development.
1.
Development on corner lots must comply with the provisions of § 240-41 of the Barnstable Zoning Ordinance.
2.
Curb cuts may be no wider than 12 feet.
3.
Outdoor lighting must be shielded and provide total cutoff of
all light at the boundaries of the lot under development.
4.
Fences greater than four feet in height in the frontage area
and seven feet in height in all other locations at any point along
their length require a special permit.
F.
Landscape standards.
1.
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.
|
Table 5. DN Dimensional Standards
| |||
|---|---|---|---|
 |
 | ||
|
Lot
|
Building Form
| ||
|
Lot width
|
20 feet minimum
|
E - Number of stories
|
3 maximum1
|
|
Lot coverage
|
50% maximum
|
F - Ground story height
|
10 feet minimum
|
|
Setbacks - Principal Buildings
|
G - Upper story height
|
10 feet minimum
| |
|
A - Primary front setback
|
10 feet minimum
20 feet maximum
| ||
|
B - Secondary front setback
|
10 feet minimum
20 feet maximum
| ||
|
C - Side setback
|
10 feet minimum
| ||
|
D - Rear setback
|
20 feet minimum
| ||
|
Setbacks - Outbuildings
| |||
|
Front setback
|
60 feet minimum
| ||
|
Side setback
|
3 feet minimum
| ||
|
Rear setback
|
3 feet minimum
| ||
|
1
|
See § 240-24.1.8C2(a)
|
A.
Intent.
1.
The Downtown Hospital District is intended to maintain an area
of Hyannis for a large-scale health care services institution and
is characterized by moderate to large floor plate, multistory buildings
arranged in a campus-like setting, with clear pedestrian and vehicular
connections to downtown and the region.
C.
Building standards.
1.
Multiple principal buildings are permitted per lot.
2.
Principal buildings are permitted as specified by Table 6.
3.
Buildings are exempt from § 240-24.15A1 frontage types and § 240-24.1.5A3 provisions for calculating building stories. Buildings must comply with the maximum number of stories and maximum building height defined within Table 6.
D.
Site standards.
1.
Driveways, vehicular entrances to parking lots or structures,
and curb cuts may be no wider than 24 feet except that wider widths
may be allowed by the Building Commissioner during the site plan review
process if additional width is needed to provide emergency access.
E.
Landscape standards.
1.
A front landscaped area at least 10 feet wide measured from
the lot line toward the interior of the lot must include the following
features over the span of 50 linear feet:
(a)
One canopy tree.
(b)
One understory or evergreen tree.
(c)
Four medium shrubs.
(d)
Six small shrubs.
|
Table 6. DH Dimensional Standards
| |||
|---|---|---|---|
|
Lot
|
Building Form
| ||
|
Lot width
|
50 feet minimum
|
Number of stories
|
6 maximum
|
|
Lot coverage
|
100% maximum
|
Building height
|
85 feet maximum
|
|
Setbacks - Principal Buildings
| |||
|
Primary front setback
|
20 feet minimum
| ||
|
Secondary front setback
|
20 feet minimum
| ||
|
Side setback
|
10 feet minimum
| ||
|
Rear setback
|
10 feet minimum
| ||
A.
Intent.
1.
The Hyannis Harbor District is intended to maintain an area
near Hyannis Inner Harbor for maritime activities and water-related
uses, and is characterized by a mix of commercial, maritime industrial,
and residential development and the presence of the commercial ferry
services.
C.
Building standards.
1.
Multiple principal buildings are permitted per lot.
2.
Principal buildings are permitted as specified by Table 7.
(a)
To support water-dependent uses on the harbor, the maximum building
height permitted for existing structures used as a marina or a commercial
service use for constructing, selling, renting, or repairing boats
is 45 feet.
3.
Mechanical and stairwell penthouses and building systems equipment
must be set back from any exterior wall a distance that is equal to
their height.
D.
Use provisions.
1.
Limitations.
(a)
The maximum number of dwelling units permitted for any multiunit
dwelling residential use is determined by the permitted dimensions
of the building and the actual motor-vehicle parking spaces provided
on a lot as required by Table 2.[1]
[1]
Editor's Note: See § 240-24.1.5, Standards for all Districts.
(b)
Occupation of a single indoor commercial space greater than
5,000 square feet by any food and beverage service or retail sales
use requires a special permit.
2.
Accessory uses permitted to a marina include, but are not limited
to, the sale, rental, storage, and repair of boats, marine fueling,
and marine contracting.
E.
Site standards.
1.
Driveways, vehicular entrances to parking lots or structures,
and curb cuts may be no wider than 24 feet.
F.
Landscape standards.
2.
A side or rear landscaped area at least six feet wide must be
provided along any side or rear lot line abutting a lot in Downtown
Neighborhood (DN) District and must include the following features
over the span of 50 linear feet:
(a)
Two understory or evergreen trees.
(b)
Five medium shrubs and three small shrubs or a fence or wall
at least six feet in height.
|
Table 7. HH Dimensional Standards
| |||
|---|---|---|---|
|
Lot
|
Building Form
| ||
|
Lot width
|
20 feet minimum
|
Number of stories
|
2.5 maximum
|
|
Lot coverage
|
90% maximum
|
Building height
|
35 feet maximum1
|
|
Setbacks - principal buildings
| |||
|
Primary front setback
|
20 feet minimum
| ||
|
Secondary front setback
|
20 feet minimum
| ||
|
Side setback
|
10 feet minimum
| ||
|
Rear setback
|
10 feet minimum
| ||
|
1
|
See § 240-24.1.10C2(a).
|
A.
Intent.
1.
The Transportation Center District is intended to accommodate
transportation related-uses serving the downtown, harbor and the region
and is characterized by functional buildings and parking areas screened
and not highly visible from surrounding roadways.
D.
Use provisions.
1.
Limitations.
(a)
Occupation of a single commercial space greater than 5,000 square
feet by any food and beverage service or retail sales use requires
a special permit.
(b)
The maximum number of dwelling units permitted for any Multiunit
dwelling residential use is determined by the permitted dimensions
of the building and the actual motor-vehicle parking spaces provided
on a lot as required by Table 2.[1]
[1]
Editor's Note: See § 240-24.1.5., Standards
for all Districts.
E.
Site standards.
1.
Driveways, vehicular entrances to parking lots or structures,
and curb cuts may be no wider than 24 feet.
F.
Landscape standards.
2.
A side or rear landscaped area at least six feet wide must be
provided along any side or rear lot line abutting a lot in Downtown
Neighborhood (DN) District and must include the following features
over the span of 50 linear feet:
(a)
Two understory or evergreen trees.
(b)
Three large shrubs and three medium shrubs or a fence or wall
at least six feet in height.
|
Table 8. TC Dimensional Standards.
| |||
|---|---|---|---|
|
Lot
|
Building Form
| ||
|
Lot width
|
50 feet minimum
|
Number of stories
|
3 maximum
|
|
Lot coverage
|
65% maximum
|
Building height
|
40 feet maximum
|
|
Setbacks - Principal Buildings
| |||
|
Primary front setback
|
—
| ||
|
Lots fronting Route 28
|
50 feet minimum
| ||
|
All other lots
|
20 feet minimum
| ||
|
Secondary front setback
|
20 feet minimum
| ||
|
Side setback
|
10 feet minimum
| ||
|
Rear setback
|
10 feet minimum
| ||
A.
Intent.
(1)
The Highway Commercial District is intended to maintain an area
for larger-scale commercial land uses, with private parking appropriately
screened, on a regional roadway and promote in the long-term transformation
of the area into a cohesive gateway corridor into Hyannis. The area
is characterized by detached low- and mid-rise (two- to two-and-one-half-story)
commercial structures.
C.
Building standards.
(1)
Multiple principal buildings are permitted per lot.
(2)
Principal buildings are permitted as specified by Table 9.
(a)
The third story can only occur within habitable
attic space.
(3)
Mechanical and stairwell penthouses and building systems equipment
must be set back from any exterior wall a distance that is equal to
their height.
D.
Site standards.
(1)
Driveways, vehicular entrances to parking lots or structures,
and curb cuts may be no wider than 24 feet.
E.
F.
Parking standards.
(1)
To reduce traffic congestion and increase convenience for customers,
employees, and residents, development is encouraged to provide direct
vehicular connections between abutting parking lots so that motor
vehicles can move between properties without re-entering the public
street.
(2)
To increase walkability and reduce conflicts between pedestrians
and motor vehicles, development is encouraged to:
(a)
Provide only the minimum number of driveways or
vehicular entrances to parking lots necessary to accommodate the number
of parking spaces provided.
(b)
Share driveways between abutting properties or
multiple properties fronting the same street.
(c)
Relocate any existing frontage area parking spaces
to the side or rear of buildings.
(3)
Establishment of a new curb cut on Route 28 or Barnstable Road
must consult the Director of Public Works regarding access prior to
applying for a state highway access permit from the Massachusetts
Department of Transportation and work with the Town and other authorizing
agencies on a transportation access plan prior to site plan approval.
(4)
New construction, modification of an existing principal building,
and the establishment, change, or expansion of any use of real property
abutting Engine House Road must provide vehicular access only from
the Engine House Road frontage.
(5)
Parking is highly discouraged within the frontage area and should
be limited to a single row of parking stalls and associated drive
aisle where necessary.
|
Table 9. HC Dimensional Standards
| |||
|---|---|---|---|
|
Lot
|
Building Form
| ||
|
Lot width
|
50 feet minimum
|
Number of stories (maximum)
|
31
|
|
Lot coverage
|
80% maximum
|
Building height
|
40 feet maximum
|
|
Setbacks - Principal Buildings
| |||
|
Primary front setback
|
60 feet maximum
| ||
|
Lots fronting Route 28
|
20 feet minimum
| ||
|
Secondary front setback
|
20 feet minimum
| ||
|
Side setback
|
10 feet minimum
| ||
|
Rear setback
|
10 feet minimum
| ||
|
1
|
See § 240-24.1.12C2(a).
|
|
Table 10. Dimensional Standards Summary Table
| |||||||
|---|---|---|---|---|---|---|---|
|
DMS
|
DV
|
DN
|
DH
|
HH
|
TC
|
HC
| |
|
A. Lot
| |||||||
|
Lot width
|
30 feet minimum
|
30 feet minimum
|
20 feet minimum
|
50 feet minimum
|
20 feet minimum
|
50 feet minimum
|
50 feet minimum
|
|
Lot coverage
|
100% maximum
|
80% maximum
|
50% maximum
|
100% maximum
|
90% maximum
|
65% maximum
|
80% maximum
|
|
Facade buildout
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
|
Primary frontage
|
80% minimum
|
80% minimum
|
—
|
—
|
—
|
—
|
—
|
|
Secondary frontage
|
40% minimum
|
—
|
—
|
—
|
—
|
—
| |
|
B. Setbacks - Principal Building
| |||||||
|
Primary front setback
|
0 foot minimum
15 feet maximum
|
0 foot minimum
15 feet maximum
|
10 feet minimum
20 feet maximum
|
20 feet minimum
|
20 feet minimum
|
20 feet minimum
|
60 feet maximum
|
|
Lots fronting Route 28
|
—
|
—
|
—
|
—
|
—
|
50 feet minimum
|
20 feet minimum
|
|
Secondary front setback
|
0 foot minimum
15 feet maximum
|
0 foot minimum
15 feet maximum
|
10 feet minimum
20 feet maximum
|
20 feet minimum
|
20 feet minimum
|
20 feet minimum
|
20 feet minimum
|
|
Side setback
|
0 foot minimum
|
0 foot minimum
|
10 feet minimum
|
10 feet minimum
|
10 feet minimum
|
10 feet minimum
|
10 feet minimum
|
|
Rear setback
|
0 foot minimum
|
0 foot minimum
|
20 feet minimum
|
10 feet minimum
|
10 feet minimum
|
10 feet minimum
|
10 feet minimum
|
|
C. Setbacks - Outbuilding
| |||||||
|
Primary front setback
|
—
|
—
|
60 feet minimum
|
—
|
—
|
—
|
—
|
|
Secondary front setback
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
|
Side setback
|
—
|
—
|
3 feet minimum
|
—
|
—
|
—
|
—
|
|
Rear setback
|
—
|
—
|
3 feet minimum
|
—
|
—
|
—
|
—
|
|
D. Building Form
| |||||||
|
Building width
|
180 feet maximum
|
120 feet maximum
|
—
|
—
|
—
|
—
|
—
|
|
Number of stories
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
|
Principal building
|
3.5 or
4 maximum1
|
3.5 or
4 maximum2
|
3 maximum3
|
6 maximum
|
2.5 maximum
|
3 maximum
|
3 maximum4
|
|
Outbuilding
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
|
Ground story height
|
—
|
—
|
10 feet minimum
|
—
|
—
|
—
|
—
|
|
Commercial
|
14 feet minimum
|
14 feet minimum
|
—
|
—
|
—
|
—
|
—
|
|
Residential
|
10 feet minimum
|
10 feet minimum
|
—
|
—
|
—
|
—
|
—
|
|
Upper story height
|
10 feet minimum
|
10 feet minimum
|
10 feet minimum
|
—
|
—
|
—
|
—
|
|
Building height
|
—
|
—
|
—
|
85 feet maximum
|
35 feet maximum5
|
40 feet maximum
|
40 feet maximum
|
|
E. Building Features
| |||||||
|
Ground story fenestration
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
|
Primary frontage
|
60% minimum
|
15% minimum
|
—
|
—
|
—
|
—
|
—
|
|
Secondary frontage
|
15% minimum
|
15% minimum
|
—
|
—
|
—
|
—
|
—
|
|
Upper story fenestration
|
15% minimum
|
15% minimum
|
—
|
—
|
—
|
—
|
—
|
|
Blank wall
|
20 feet maximum
|
20 feet maximum
|
—
|
—
|
—
|
—
|
—
|
|
Commercial space depth
|
20 feet minimum
|
20 feet minimum
| |||||
|
1
|
See § 240-24.1.6C6 (fourth Story Step-back).
|
|
2
|
See § 240-24.1.7C4 (fourth Story Step-back).
|
|
3
|
See § 240-24.18C2(a).
|
|
4
|
See § 240-24.1.12C2(a).
|
|
5
|
See § 240-24.1.10C2(a).
|
|
Table 11. Frontage Types
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
P - Permitted
|
N - Not Permitted
|
DMS
|
DV
|
DN
|
DH
|
HH
|
TC
|
HC
|
|
Gallery
 A frontage type consisting of a storefront(s) and an attached
colonnade with a roof, open pergola, or balcony overhanging a paved
sidewalk. A gallery may wrap around the corner of a building to create
a veranda-like gallery.
|
P
|
P
|
N
|
N/A
|
P
|
P
|
P
| |
|
Storefront
 A frontage type consisting of an assembly of commercial entry
doors and display windows providing access and light to a commercial
space and a place to display goods, services, and signs.
|
P
|
P
|
N
|
N/A
|
P
|
P
|
P
| |
|
Common Lobby
 A frontage type consisting of an assembly of entry doors and
windows providing access and light to the lobby of a building. A common
lobby may be combined with an entry plaza or front garden frontage
type.
|
P
|
P
|
N
|
N/A
|
P
|
P
|
P
| |
|
Dining Patio
 A frontage type consisting of a storefront(s) and outdoor cafe
seating in the frontage area.
|
P
|
P
|
N
|
N/A
|
P
|
P
|
P
| |
|
Entry Plaza
 A frontage type consisting of a storefront(s) and a highly paved
frontage area. An entry plaza may be combined with a common lobby
frontage type.
|
P
|
P
|
N
|
N/A
|
P
|
P
|
P
| |
|
Front Garden
 A frontage type consisting of a highly landscaped frontage area.
A front garden may be combined with a common lobby, dooryard or stoop,
or porch frontage type.
|
N
|
P
|
P
|
N/A
|
N
|
N
|
N
| |
|
Dooryard or Stoop
 A frontage type consisting of a zero-step entrance or a set
of stairs with a landing that provides access to the entrance of a
building. A dooryard or stoop may be combined with a front garden
frontage type.
|
N
|
P
|
P
|
N/A
|
N
|
N
|
N
| |
|
Porch
 A frontage type consisting of a raised platform with a roof
supported by columns, piers, or posts; an area for seating; and an
optional set of stairs with a landing that provides access to the
entrance of a building. A porch may be combined with a front garden
frontage type.
|
N
|
P
|
P
|
N/A
|
N
|
N
|
N
| |
|
Table 12. Building Components
| |||||
|---|---|---|---|---|---|
|
A. Balcony
|
B. Bay or Oriel Window
| ||||
 |
 | ||||
|
A
|
Width (minimum)
|
5 feet
|
A
|
Single bay width (maximum)
|
16 feet
|
|
B
|
Depth (minimum)
|
4 feet
|
Cumulative bay width (maximum)
|
50% of the width of the exterior wall from which the bays project
| |
|
Area (minimum)
|
20 square feet
|
B
|
Projection (maximum)
|
3 feet
| |
|
C
|
Front setback encroachment (maximum)
|
5 feet
|
C
|
Stories (maximum)
|
Same as the principal building
|
|
D
|
Front setback encroachment (maximum)
|
3 feet
| |||
|
Design standards:
Balconies may attach to any exterior wall of a principal building.
Balconies may be recessed, projecting, a combination of the
two, or terraced as part of the roof of a permitted building component.
|
Design standards:
Bays may attach to any exterior wall of a principal building.
A bay window may have a flat roof.
| ||||
|
C.
|
Dormer
|
D.
|
Cross Gable
| ||
 |
 | ||||
|
A
|
Cumulative width of all dormers (maximum)
|
50% of the roof eave
|
A
|
Width (maximum)
|
50% of the roof eave below
|
|
B
|
Exterior wall setback (minimum)
|
—
|
B
|
Height (minimum)
|
Equal to the height of the roof of the attached primary massing
|
|
Roof with eave
|
0 feet
|
Design standards:
The roof ridge of a cross gable must be perpendicular to the
main roof ridge of the principal building.
The rakes and ridge of the roof of the cross gable must be structurally
integrated into the eave and ridge of roof of the attached primary
massing.
| |||
|
Roof without eave
|
1 feet
| ||||
|
C
|
Setback from gable (minimum)
|
3 feet
| |||
|
D
|
Separation from another dormer (minimum)
|
50% of dormer width
| |||
|
Design standards:
The face wall of a dormer window may not project beyond the
exterior wall of the building and may not interrupt the eave of the
roof.
| |||||
|
E.
|
Projecting Gable
| |
 | ||
|
A
|
Width (maximum)
|
Equal to the shortest side of the attached primary massing
|
|
B
|
Projection (maximum)
|
6 feet
|
|
C
|
Height (minimum)
|
Height of building in stories
|
|
D
|
Front setback encroachment (maximum)
|
6 feet
|
|
Design standards:
A projecting gable may attach only the facade of a principal
building.
The roof ridge of a projecting gable must be perpendicular to
the main roof ridge of the principal building.
| ||
[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.
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:
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:
(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.
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
K.
APARTMENT
MIXED USE DEVELOPMENT
SMALL-SCALE FOOD SERVICE
SMALL-SCALE RETAIL
Definitions. The following terms are defined for the purpose of the
MMVD and shall not be construed to apply to other regulations.
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.
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.
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 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
(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%.
[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.
(3)
Parking lot design standards.
(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.
ARTISAN, CRAFTSPERSONS AND MAKERS
ARTIST'S LOFT
AUTO SERVICE AND REPAIR SHOPS
CONTRACTOR SERVICE ESTABLISHMENTS
CONTRACTORS' YARDS
EDUCATIONAL INSTITUTIONS
FRATERNAL OR SOCIAL ORGANIZATIONS
FUNERAL HOME OR MORTUARY
HEALTH CLUB
MIXED USE DEVELOPMENT
MUSEUMS
OFFICE, DENTAL OR MEDICAL
PERFORMING ARTS FACILITY
PERSONAL SERVICE ESTABLISHMENT
RECREATIONAL ESTABLISHMENT
RETAIL, GASOLINE AND/OR DIESEL
SENIOR LIVING, ASSISTED LIVING
SENIOR LIVING, NURSING HOMES
VETERINARY HOSPITAL/CLINIC
Definitions. The following terms are defined for the purpose of the
HB and shall not be construed to apply to other regulations:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
An establishment engaged in the provision of public recreational
services, including bowling and billiards.
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.
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.
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.
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:
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:
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]
[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:
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.
Residential living units in which supportive services are
offered for individuals who need assistance in activities of daily
living.
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.
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.
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.
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.
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.
For the purposes of this section, the Barnstable Planning
Board shall be the special permit granting authority.
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.
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:
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.
[Amended 11-17-2022 by Order No. 2022-159]
(1)
Purpose.
The purpose of the Medical Marijuana Overlay District is to provide
for the limited establishment of registered medical marijuana treatment
centers as they are authorized pursuant to state regulations set forth
at 935 CMR 501.000, Medical Use of Marijuana. Given that medical marijuana
treatment centers shall be limited in number and strictly regulated
by the Massachusetts Cannabis Control Commission, 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 medical marijuana treatment center 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 medical marijuana treatment center 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 medical marijuana treatment
center may be permitted, provided that a special permit is first
obtained from the Zoning Board of Appeals, subject to the following
standards and conditions.
[Amended 11-17-2022 by Order No. 2022-159]
E.
Requirements/standards.
(1)
Licensing.
All permitted medical marijuana treatment centers shall be properly
licensed with the Massachusetts Cannabis Control Commission pursuant
to 935 CMR 501.050(1) and 935 CMR 501.101 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 medical marijuana treatment center that is not properly licensed
with the Massachusetts Cannabis Control Commission.
[Amended 11-17-2022 by Order No. 2022-159]
(2)
Building.
A medical marijuana treatment center 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.
[Amended 11-17-2022 by Order No. 2022-159]
(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 MTC security.
[Amended 11-17-2022 by Order No. 2022-159]
(4)
Separation
requirements. The MTC entrance, as defined by 935 CMR 501.002, is
at least 500 feet from the nearest school entrance, as defined by
935 CMR 501.002, and from the nearest entrance of any religious institution/place
of religious assembly, day-care center, preschool or after-school
facility or any facility in which children commonly congregate. Distance
shall be measured in a straight line from the geometric center of
the MTC entrance to the geometric center of the nearest school entrance
or nearest entrance to such other institution or facility, unless
there is an impassable barrier, as defined by 935 CMR 501.002, within
those 500 feet, in which case the distance shall be measured along
the center of the shortest publicly accessible pedestrian travel path
from the geometric center of the MTC entrance to the geometric center
of the nearest school entrance or nearest entrance to any religious
institution/place of religious assembly, day-care center, preschool
or after-school facility or any facility in which children commonly
congregate. In no case shall an MTC directly abut another MTC or any
medical marijuana use.
[Amended 11-17-2022 by Order No. 2022-159]
(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 medical marijuana treatment center shall be one space for every
200 square feet of gross floor area for a MTC; and one space for every
700 square feet of gross floor area for MTC marijuana infused product
manufacturing or marijuana cultivation. The Board of Appeals shall
also rely on the recommendation of site plan review.
[Amended 11-17-2022 by Order No. 2022-159]
(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 licensure materials. Plans and information provided to the Zoning
Board of Appeals shall be consistent with the with the licensure materials
issued by the Massachusetts Cannabis Control Commission and any other
information and materials provided to the Massachusetts Cannabis Control
Commission.
[Amended 11-17-2022 by Order No. 2022-159]
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 medical marijuana treatment center and the anticipated
number of clients that will be served within that area. This description
shall indicate where any other medical marijuana treatment centers
exist or have been proposed within the expected service area.
[Amended 11-17-2022 by Order No. 2022-159]
(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.
(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)
Licensure materials: Copies of licensure materials issued by the
Massachusetts Cannabis Control Commission and any materials submitted
to the Massachusetts Cannabis Control Commission for the purpose of
seeking licensure, to confirm that all information provided to the
Zoning Board of Appeals is consistent with the information provided
to the Massachusetts Cannabis Control Commission.
[Amended 11-17-2022 by Order No. 2022-159]
(2)
Special permit criteria. In granting a special permit for a medical marijuana treatment center, 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:
[Amended 11-17-2022 by Order No. 2022-159]
(b)
The medical marijuana treatment center 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
medical marijuana treatment centers, it has been established by the
Massachusetts Cannabis Control Commission 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 medical marijuana treatment center 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 medical
marijuana treatment center shall be valid only for the registered
entity to which the special permit was issued, and only for the site
on which the medical marijuana treatment center has been authorized
by special permit. If the registration for a medical marijuana treatment
center 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.
[Amended 11-17-2022 by Order No. 2022-159]
(5)
Revocation/nonrenewal.
[Amended 11-17-2022 by Order No. 2022-159]
(a)
In accordance with 935 CMR 501.103(4), Expiration and Renewal of
Licensure, all materials submitted pursuant to the MTC 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 935 CMR 501.105(18), Requirements on the Expiration,
Revocation, or Voiding of Certificate of Licensure of MTC, should
Cannabis Control Commission 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.
[Added 2-2-2023 by Order No. 2022-146]
A.
Purpose; applicability; use; prohibited marijuana establishments
(1)
Purpose. To provide for the location of registered recreational marijuana cultivators, research facilities and independent testing laboratories, as defined herein, in accordance with Chapter 55 of the Acts of 2017 and M.G.L. c.94G, the Humanitarian Medical Use of marijuana Act. M.G.L. c.94C, App. § 1-1, et. seq., as amended by Chapter 55 of the Acts of 2017, M.G.L. c.94I, to be enacted pursuant to Chapter 55 of the Acts of 2017, and Cannabis Control Commission Regulations 935 CMR 500.00 governing Adult Use of marijuana, in locations within the Registered Recreational Marijuana Cultivators, Research Facilities and Testing Laboratories Overlay District suitable for lawful marijuana cultivation, research and Independent Testing and to minimize adverse impacts of marijuana cultivation, research facilities and independent testing laboratories on adjacent properties, residential neighborhoods, historic sites, schools and other locations where minors congregate by regulating the siting, design, placement, security, modification and removal of marijuana cultivators, research facilities and independent testing laboratories.
(2)
Applicability. The cultivation, processing, packaging, and transfer
of marijuana products; conducting of research regarding marijuana
products; and testing of marijuana or cannabis is prohibited unless
licensed by all applicable Massachusetts licensing authorities and
permitted under this article.
(3)
Use. Within the Registered Recreational Marijuana Cultivators, Research Facilities, and Testing Laboratories Overlay District, a licensed marijuana cultivator, research facility or independent testing laboratory may be permitted as a conditional use, provided a special permit is first obtained from the Planning Board. All special permits granted under this article shall be subject to the provisions of § 240-125C herein and subject to all additional standards and conditions of this article
(4)
Prohibition of all other non-medical marijuana establishments. Except
for licensed marijuana cultivators, research facilities and independent
testing laboratories permitted as a conditional use in the Registered
Recreational Marijuana Cultivators, Research Facilities, and Testing
Laboratories Overlay District, subject to all the requirements of
this article, all other types of non-medical "marijuana establishments"
as defined in M.G.L. c.94G, § 1, including marijuana product
manufacturers, marijuana retailers or any other types of licensed
related businesses are prohibited.
B.
CANNABIS or MARIJUANA or MARIHUANA
(1)
(2)
(3)
CRAFT MARIJUANA COOPERATIVE
RECREATIONAL MARIJUANA ESTABLISHMENT, INDEPENDENT TESTING LABORATORY
(1)
(2)
(3)
RECREATIONAL MARIJUANA ESTABLISHMENT, MARIJUANA CULTIVATOR
RECREATIONAL MARIJUANA ESTABLISHMENT, MARIJUANA RESEARCH FACILITY
Definitions. Any term not specifically defined herein shall have
the meaning as defined in Massachusetts General Laws Chapter 94G,
§ 1, and the Cannabis Control Commission Regulations 935
CMR 500.00 governing Adult Use of marijuana.
All parts of any plant of the genus Cannabis, not excepted
in 935 CMR 500.002: Cannabis or marijuana or Marihuana (a) through
(c) and whether growing or not; the seeds thereof; and resin extracted
from any part of the plant; clones of the plant; and every compound,
manufacture, salt, derivative, mixture or preparation of the plant,
its seeds or resin including tetrahydrocannabinol as defined in M.G.L.
c.94G, § 1; provided that cannabis shall not include:
The mature stalks of the plant, fiber produced from the stalks,
oil, or cake made from the seeds of the plant, any other compound,
manufacture, salt, derivative, mixture or preparation of the mature
stalks, fiber, oil, or cake made from the seeds of the plant or the
sterilized seed of the plant that is incapable of germination;
Hemp; or
The weight of any other ingredient combined with cannabis or
marijuana to prepare topical or oral administrations, food, drink
or other products.
A marijuana cultivator comprised of residents of the Commonwealth
and organized as a limited liability company, limited liability partnership,
or cooperative corporation under the laws of the Commonwealth. A cooperative
is licensed to cultivate, obtain, manufacture, process, package and
brand cannabis or marijuana products to transport marijuana to marijuana
establishments, but not to consumers.
A laboratory that is licensed by the Cannabis Control Commission
and is:
Accredited to the International Organization for Standardization
17025 (ISO/IEC 17025:2017) by a third-party accrediting body that
is a signatory to the International Laboratory Accreditation Accrediting
Cooperation mutual recognition arrangement or that is otherwise approved
by the Cannabis Control Commission;
Independent financially from any medical marijuana treatment
center, marijuana establishment or licensee for which it conducts
a test; and
Qualified to test cannabis or marijuana in compliance with 935
CMR 500.160 and M.G.L. c. 94C, § 34.
An entity licensed to cultivate, process and package marijuana,
and to transfer marijuana to other marijuana establishments, but not
to consumers. A craft marijuana cooperative is a type of marijuana
cultivator.
An entity licensed to engage in research projects by the
Cannabis Control Commission.
C.
Requirements for allowed marijuana cultivators, research facilities
and independent testing laboratories. Marijuana cultivators, research
facilities and independent testing laboratories shall comply with
the following requirements:
(1)
General.
(a)
Marijuana cultivators, research facilities and independent testing laboratories shall comply with applicable state and local laws, regulations, ordinances, codes, conditions and agreements with the Town, including, but not limited to, Chapter 55 of the Acts of 2017 and M.G.L. c.94G, the Humanitarian Medical Use of marijuana Act, M.G.L. c.94C, App. § 1-1, et seq., as amended by Chapter 55 of the Acts of 2017 and M.G.L. c.94I, to be enacted pursuant to Chapter 55 of the Acts of 2017, Cannabis Control Commission Regulations 935 CMR 500.00 governing Adult Use of marijuana, the Town of Barnstable's General Ordinances, the Town of Barnstable's Zoning Ordinances, all applicable Town building, fire prevention, police, and health codes, regulations and standards, any conditions imposed on licenses and permits held by the marijuana cultivators, research facilities and independent testing laboratories (including, but not limited to, the Town's Planning Board special permit), and agreements between the marijuana cultivator, research facility or independent testing laboratory and the Town, including host community agreements.
(b)
Marijuana cultivators, research facilities and independent testing
laboratories shall maintain all permits and licenses required by state
and local laws. Any voiding of the Cannabis Control Commission's license
by operation of law (including due to cessation of operations, failure
to become operational within the permitted time, or relocation without
Cannabis Control Commission approval), and any revocation or suspension
of the marijuana cultivators,' research facilities' and independent
testing laboratories' Cannabis Control Commission license shall result
in an automatic suspension of the special permit pending hearing or
the opportunity therefore afforded to the marijuana cultivator, research
facility or independent testing laboratory and pending further determination
by the Planning Board.
(c)
All taxes and charges owed to the Town must be paid on a current basis. Failure to pay all taxes and charges shall be subject to the provisions of Chapter 121 of the Barnstable Code and all other available legal remedies.
(d)
An approved host community agreement shall be required prior
to granting a special permit for a marijuana cultivator, research
facility or independent testing laboratory.
(e)
Dimensional requirements. Except where it is explicitly stated
otherwise in this article, marijuana cultivator, research facilities
and independent testing laboratories shall conform to the dimensional
requirements applicable within the underlying and other overlaying
zoning districts.
(f)
Parking. The required number of parking spaces for marijuana
cultivators, research facilities and independent testing laboratories
shall be one space for every 700 square feet of gross floor area.
The Planning Board shall also rely on the recommendation of site plan
review.
(g)
Loading. The Planning Board may require loading bays based on
the recommendation of site plan review and/or based on the needs of
the proposed use.
(h)
Landscaping. Landscape requirements in the underlying zoning
district shall apply.
(i)
Landscape buffers. The landscape setback from any residential
property line shall be 20 feet. Landscape buffers shall be densely
landscaped with a combination grasses, tress, and shrubs providing
year-round screening.
(2)
Operational requirements.
(a)
All marijuana cultivators', research facilities' and independent
testing laboratories' licensed operations shall be conducted within
a building at a fixed location.
(b)
No marijuana cultivators, research facilities or independent
testing laboratories shall allow research, testing, cultivation, processing,
packaging, manufacturing, or display of marijuana or marijuana products
to be visible to the public without the use of binoculars, aircraft,
or other optical aids.
(c)
Marijuana cultivators, research facilities and independent testing
laboratories may cultivate, process, package, or conduct research
and testing on marijuana or marijuana products as licensed by the
Cannabis Control Commission only within an area that is enclosed and
secured in a manner that prevents access by persons not permitted
by the marijuana cultivator, research facility or independent testing
laboratory to access the area.
(d)
The hours of operation for a marijuana cultivator, research
facility or independent testing laboratory shall be those conditioned
by the marijuana cultivator's, research facility's or independent
testing laboratory's special permit.
(e)
Marijuana cultivators, research facilities and independent testing
laboratories shall ensure that their hours and methods of transportation
of product shall not be a detriment to the surrounding area and nearby
uses.
(f)
Marijuana cultivators, research facilities and independent testing
laboratories shall not permit any disorder, disturbance, or illegality
under state or local law of any kind on the premises.
(g)
Marijuana cultivators', research facilities' and independent
testing laboratories' operations shall not result in illegal redistribution
under state or local law of marijuana obtained from the marijuana
cultivator, research facility or independent testing laboratory, or
in use of marijuana in any manner that violates state or local law.
(h)
Marijuana cultivators, research facilities or independent testing
laboratories operations shall not create nuisance conditions in parking
areas, sidewalks, streets and areas surrounding its premises and adjacent
properties.
(i)
Marijuana cultivators, research facilities and independent testing
laboratories shall equip the premises and otherwise conduct their
operations in such a manner that (a) no pesticides or other chemicals
or products are dispersed into the outside atmosphere, or into a wastewater
treatment system or in any other manner that may contaminate the groundwater
and (b) no odor of marijuana or its processing can be detected by
a person with an unimpaired and otherwise normal sense of smell at
the exterior of any adjoining use or property.
(j)
Marijuana cultivators, research facilities and independent testing
laboratories shall be required to remove all marijuana and marijuana
products by the earlier of: prior to surrendering its state-issued
license; or within six months of ceasing operations.
(k)
Marijuana cultivators, research facilities and independent testing
laboratories must display a sign legible from the exterior of the
building in which the marijuana cultivator, research facility or independent
testing laboratory is located either by posting on the building exterior
in close proximity to the entrance or by placement in a window in
close proximity to the entrance with the text facing and legible from
the exterior, which states: "Must be 21 years or older and show identification
to enter this establishment."
(l)
Solid and liquid waste, including waste composed of or containing
marijuana, finished marijuana, marijuana-infused product, or byproducts
of marijuana processing shall be stored, secured, managed, and disposed
of in accordance with state law and all other applicable statutes
and ordinances and regulations of the Town.
(3)
Security-specific requirements.
(a)
Marijuana cultivators, research facilities and independent testing
laboratories shall submit and receive the approval of the Barnstable
Police Department for its required security and emergency procedures,
including a disaster plan, which plan shall include measures relating
to alarms, fencing, gates, limited access areas, delivery procedures,
police details, specification of video and lighting locations, notifications
to the Police Department in the event of any known or suspected violation
of criminal law that has taken place on or near the location of the
establishment.
(b)
Lighting shall be designed and maintained so as to protect adjacent
properties from intrusive lighting; however, in accordance with state
law, the exterior perimeter of marijuana cultivators, research facilities
and independent testing laboratories shall be sufficiently lit to
facilitate surveillance.
(c)
Marijuana cultivators, research facilities and independent testing
laboratories shall secure every entrance so that access to areas containing
the storage of marijuana products are restricted to employees and
others permitted by the marijuana cultivator, research facility or
independent testing laboratory to access the area and to Cannabis
Control Commission or state and local law enforcement officers, agents
and emergency personnel.
(d)
Marijuana cultivators, research facilities and independent testing
laboratories shall secure their inventory and equipment during and
after operating hours to deter and prevent theft of marijuana, marijuana
products and marijuana accessories.
(e)
Marijuana cultivators, research facilities and independent testing
laboratories shall file an emergency procedures, including a disaster
plan, with the Town's Fire, Police and Health Departments and share
with these Departments their security plan and procedures and any
updates to them in the event they are modified.
(f)
Landscaping shall be in compliance with the requirements set
forth herein, except that in accordance with state law, marijuana
cultivators, research facilities and independent testing laboratories
shall maintain trees, bushes, and other exterior vegetation so that
they do not allow for a person or persons to conceal themselves from
sight.
(4)
Access to premises and information/reporting/record-keeping.
(a)
Marijuana cultivators, research facilities and independent testing
laboratories shall be subject to unannounced, unscheduled, periodic
inspections of its premises by the Building Commissioner or designee,
including an agent from the Building, Health, Police and applicable
Fire Department on weekdays between 8:00 a.m. to 5:00 p.m. to determine
the marijuana cultivator's research facility's; or independent testing
laboratory's compliance with the requirements of applicable state
and local laws, regulations, codes, license and permit conditions,
and this article. In addition, routine inspections may be made on
weekdays during regular Town business hours by authorized inspectional
departments to determine compliance with applicable state and local
laws, regulations, codes and license and permit conditions. Inspections
by the authorized inspectional departments may be made at other times
to investigate complaints or suspected noncompliance issues. Inspections
may include all areas occupied, used or controlled by the marijuana
cultivator, research facility or independent testing laboratory. Facilities
requiring re-inspection are subject to applicable re-inspection fees.
Inspections shall be conducted in conformity with applicable federal,
state and local law.
(b)
Marijuana cultivators, research facilities and independent testing
laboratories shall cooperate and comply with requests for information
made by the Building Commissioner or designee, including agents from
the Planning and Development, Building, Health, Police, Fire and Public
Works Departments.
(c)
Within 24 hours of receipt of notice of it, marijuana cultivators,
research facilities and independent testing laboratories shall file
with the Town Manager, Director of Public Health and the Building
Commissioner any summary cease and desist order, cease and desist
order, quarantine order, suspension order, revocation order, order
limiting sales, deficiency statement, plan of correction, notice of
a hearing, notice of any other administrative process or legal action,
denial of a license, denial of a renewal of a license, or final action
issued by a state or federal agency (including, but not limited to,
the Cannabis Control Commission) regarding the marijuana cultivator,
research facility or independent testing laboratory, or the Cannabis
Control Commission license.
(5)
Additional location requirements for marijuana cultivators, research
facilities and independent testing laboratories.
(a)
No marijuana cultivator, research facility and independent testing
laboratory shall be located within 500 feet, as measured from each
lot line of the subject lot, of the following preexisting uses: K-12
educational use; childcare center; or children's camp.
E.
Special permits. The following apply to special permits to operate
a marijuana cultivator, research facility or independent testing laboratory.
(1)
Application requirements: Applicants shall include with their special
permit application:
(a)
Copies of any required licenses and permits relating to the
operation of the marijuana cultivator, research facility or independent
testing laboratory, or, if an application for a required license or
permit is pending, a copy of the application.
(b)
Evidence of the applicant's right to use the proposed site as
a marijuana cultivator, research facility or independent testing laboratory,
such as a deed, lease or purchase and sales agreement.
(c)
A copy of the site plan review approval.
(d)
A description of the security measures, required by this article,
approved by Barnstable Police Department and Cannabis Control Commission
for the marijuana cultivator, research facility or independent testing
laboratory, as applicable.
(e)
A copy of emergency procedures, including a disaster plan with
procedures to be followed in case of fire or other emergencies, approved
by the Cannabis Control Commission for the marijuana cultivator, research
facility or independent testing laboratory, as applicable.
(f)
A copy of the policies and procedures for the transfer or acquisition
of marijuana between marijuana cultivators, research facilities and
independent testing laboratories and other recreational marijuana
establishments, as applicable.
(g)
A copy of proposed waste disposal procedures.
(h)
Proof of liability insurance that is in accordance with 105
CMR 725.105(Q) or any applicable regulations promulgated by the Cannabis
Control Commission.
(i)
Any waivers from Cannabis Control Commission regulations issued
for the marijuana cultivator, research facility or independent testing
laboratory, as applicable.
(j)
A copy of the community host agreement.
(k)
Any other materials requested by the special permit application
form, as well as any other additional materials the Planning and Development
Department determines is necessary for review, such as Department
reports or transportation studies or a license application.
(2)
Special permit criteria, The Planning Board, subject to the provisions of § 240-125C and § 240-24.1.2E. shall not approve any application for a special permit unless it finds that in its judgment all of the following conditions are met:
(a)
That the marijuana cultivator, research facility or independent
testing laboratory has demonstrated compliance with or the ability
to comply where the requirements are prospective with all of the general
requirements set forth in this article.
(b)
That the marijuana cultivator, research facility or independent
testing laboratory has an approved host agreement.
(c)
That the marijuana cultivator, research facility or independent
testing laboratory has security and emergency procedures, including
a disaster plan, approved by the Barnstable Police Department.
(d)
The location is compliant with this article in its entirety.
(e)
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.
(f)
Traffic generated by client trips, employee trips, and deliveries
to and from the marijuana cultivator, research facility or independent
testing laboratory shall not create a substantial adverse impact on
nearby residential uses.
(g)
A special permit granted under this article shall have a term
limited to the duration of the applicant's ownership or lease of the
premises for a marijuana cultivator, research facility or independent
testing laboratory, as licensed by the applicable Massachusetts licensing
authority. Any new license for an existing marijuana cultivator, research
facility or independent testing laboratory location or transfer of
an existing license to a new owner shall require a new special permit
pursuant to the Barnstable Zoning Ordinance.
F.
Implementation. This article shall not be implemented in a manner
that conflicts or interferes with the operation of M.G.L. c. 94G,
94I or the regulations promulgated thereunder, including 935 CMR 500.
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:
(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.
| ||||||||
[Amended 5-22-2014 by Order No. 2014-126; 3-17-2022 by Order No. 2022-073]
A.
A Floodplain District is herein established as an overlay district.
The district includes all special flood hazard areas within the Town
of Barnstable designated as Zone A, AE, AO, AH, or VE on the Barnstable
County Flood Insurance Rate Map (FIRM) dated July 16, 2014, issued
by the Federal Emergency Management Agency (FEMA) for the administration
of the National Flood Insurance Program. The exact boundaries of the
district shall be defined by the 1%-chance base flood elevations (100-year
flood) 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, Building Commissioner, and Conservation Commission.
B.
The purpose of the Floodplain Overlay District is to:
(1)
Ensure public safety through reducing the threats to life and personal
injury.
(2)
Eliminate new hazards to emergency response officials.
(3)
Prevent the occurrence of public emergencies resulting from water
quality, contamination, and pollution due to flooding.
(4)
Avoid the loss of utility services which if damaged by flooding would
disrupt or shut down the utility network and impact regions of the
community beyond the site of flooding.
(5)
Eliminate costs associated with the response and cleanup of flooding
conditions.
(6)
Reduce damage to public and private property resulting from flooding
waters.
C.
The floodplain management regulations found in this Floodplain Overlay
District section shall take precedence over any less restrictive conflicting
local laws, ordinances or codes.
D.
The degree of flood protection required by this section is considered
reasonable but does not imply total flood protection.
E.
If any section, provision or portion of this section is deemed to
be unconstitutional or invalid by a court, the remainder of the ordinance
shall be effective.
F.
The Town of Barnstable hereby designates the position of the Building
Commissioner to be the official Floodplain Administrator for the Town.
G.
If the Town acquires data that changes the base flood elevation in
the FEMA mapped special flood hazard areas, the Town will, within
six months, notify FEMA of these changes by submitting the technical
or scientific data that supports the change(s). Notification shall
be submitted to:
|
FEMA Region I Risk Analysis Branch Chief
99 High St., 6th floor, Boston, MA 02110
|
|
|
|
And copy of notification to:
|
|
Massachusetts NFIP State Coordinator
MA Dept. of Conservation & Recreation, 251 Causeway Street,
Boston, MA 02114
|
H.
Permits are required for all proposed construction or other development
in the Floodplain Overlay District, including new construction, alteration
of existing structures, placement of manufactured homes, placement
of agricultural facilities, fences, sheds, storage facilities, drilling
or other development that might increase flooding or adversely impact
flood risks to other properties (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).
(1)
Any new construction or substantial improvement to be undertaken
within the Floodplain Overlay District shall be in accordance with
Massachusetts State Building Code, 780 CMR, and 310 CMR, Department
of Environmental Protection. The Building Commissioner shall review
all proposed development within the Floodplain Overlay District upon
confirmation from the property owner or his/her representative that
all necessary permits have been received and certified from those
governmental agencies from which approval is required by local, federal
and state law, in order to carry out the proposed development in the
Floodplain Overlay District, including but not limited to Section
404 of the Federal Water Pollution Control Act Amendments of 1972,
33 U.S.C. § 1334. The Building Commissioner shall obtain
and maintain records of elevation and floodproofing levels for new
construction or substantial improvement within the Floodplain Overlay
District.
(2)
All subdivision proposals and other proposed new developments greater
than 50 lots or five acres, whichever is lesser, shall include within
such proposals technical data, provided by the proponent, to determine
base flood elevation data for each developable parcel shown on the
design plans.
(3)
All subdivision and development proposals, including utility and
drainage systems, in the Floodplain Overlay District shall be reviewed
to assure that they are located and designed to be consistent with
the following:
(4)
In Zones A and 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.
(5)
Regulations pertaining to mapped floodways as defined in U.S. Code
of Federal Regulations, Title 44, § 59.1, have been removed
from this section because the Town of Barnstable does not have any
mapped floodways and is a coastal community where floodways do not
apply.
(6)
In a riverine situation, the Conservation Administrator or designee
shall notify the following of any alteration or relocation of a watercourse:
a) adjacent communities, especially upstream and downstream, b) bordering
states, if affected, c) the NFIP State Coordinator, Massachusetts
Department of Conservation and Recreation, 251 Causeway Street, 8th
floor, Boston, MA 02114-2104, and d) the NFIP Program Specialist,
Federal Emergency Management Agency, Region I at 99 High Street, 6th
Floor, Boston, MA 02110.
(7)
Within Zones AO and AH 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.
(8)
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 State 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.
(10)
If the state issues variances to the flood-resistant standards
as found in the State Building Code, Barnstable will use the following
text for local adoption:
Barnstable will request from the State Building Code Appeals
Board a written and/or audible copy of the portion of the hearing
related to the variance, and will maintain this record in the community's
files.
Barnstable shall also issue a letter to the property owner regarding
potential impacts to the annual premiums for the flood insurance policy
covering that property, in writing, over the signature of a community
official that i) the issuance of a variance to construct a structure
below the base flood level will result in increased premium rates
for flood insurance up to amounts as high as $25 for $100 of insurance
coverage and ii) such construction below the base flood level increases
risks to life and property.
Such notification shall be maintained with the record of all
variance actions for the referenced development in the Floodplain
Overlay District.
(11)
A variance from this floodplain section related to community
compliance with the National Flood Insurance Program (NFIP), must
meet the requirements set out by state law and may only be granted
if: 1) good and sufficient cause and exceptional nonfinancial hardship
exist; 2) the variance will not result in additional threats to public
safety, extraordinary public expense, or fraud or victimization of
the public; and 3) the variance is the minimum action necessary to
afford relief. This does not apply to the Building Code.
(12)
In A, AO, AH, AE Zones, VE, and V Zones, all recreational vehicles
to be placed on a site must be elevated and anchored in accordance
with the zone's regulations for foundation and elevation requirements
or be on the site for less than 180 consecutive days or be fully licensed
and highway ready.
(13)
In A Zones, in the absence of FEMA BFE data and floodway data,
the Building Department will obtain, review and reasonably utilize
base flood elevation and floodway data available from a federal, state,
or other source as criteria for requiring new construction, substantial
improvements, or other development in Zone A as the basis for elevating
residential structures to or above base flood level, for floodproofing
or elevating nonresidential structures to or above base flood level,
and for prohibiting encroachments in floodways.
I.
DEVELOPMENT
FLOODWAY
FUNCTIONALLY DEPENDENT USE
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
NEW CONSTRUCTION
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
SPECIAL FLOOD HAZARD AREA
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL REPAIR OF A FOUNDATION
VARIANCE
VIOLATION
ZONE A
ZONE AE
ZONE AH
ZONE AO
ZONE A99
ZONE X
ZONE V
ZONE VE (for new and revised maps)
The following definitions apply to the interpretation of this chapter:
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
or storage of equipment or materials. [U.S. Code of Federal Regulations,
Title 44, Part 59]
The channel of the river, creek or other watercourse and
the adjacent land areas that must be reserved in order to discharge
the base flood without cumulatively increasing the water surface elevation
more than a designated height. [Base Code, Chapter 2, Section 202[1]]
A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water. The term includes
only docking facilities, port facilities that are necessary for the
loading and unloading of cargo or passengers, and shipbuilding and
ship repair facilities, but does not include long-term storage or
related manufacturing facilities. [U.S. Code of Federal Regulations,
Title 44, Part 59; also Referenced Standard ASCE 24-14]
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure. [U.S. Code
of Federal Regulations, Title 44, Part 59]
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
Structures for which the start of construction commenced
on or after the effective date of the first floodplain management
code, regulation, ordinance, or standard adopted by the authority
having jurisdiction, including any subsequent improvements to such
structures. New construction includes work determined to be substantial
improvement. [Referenced Standard ASCE 24-14]
A vehicle which is:
Built on a single chassis;
400 square feet or less when measured at the largest horizontal
projection;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
|
[U.S. Code of Federal Regulations, Title 44, Part 59]
|
The land area subject to flood hazards and shown on a Flood
Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30,
A99, AR, AO, AH, V, VO, VE or V1-30. [Base Code, Chapter 2, Section
202[2]]
The date of issuance for new construction and substantial
improvements to existing structures, provided the actual start of
construction, repair, reconstruction, rehabilitation, addition, placement
or other improvement is within 180 days after the date of issuance.
The "actual start of construction" means the first placement of permanent
construction of a building (including a manufactured home) on a site,
such as the pouring of a slab or footings, installation of pilings
or construction of columns. Permanent construction does not include
land preparation (such as clearing, excavation, grading or filling),
the installation of streets or walkways, excavation for a basement,
footings, piers or foundations, the erection of temporary forms or
the installation of accessory buildings such as garages or sheds not
occupied as dwelling units or not part of the main building. For a
substantial improvement, the "actual start of construction" means
the first alteration of any wall, ceiling, floor or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building. [Base Code, Chapter 2, Section 202[3]]
For floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank, that is principally above
ground, as well as a manufactured home. [U.S. Code of Federal Regulations,
Title 44, Part 59]
When work to repair or replace a foundation results in the
repair or replacement of a portion of the foundation with a perimeter
along the base of the foundation that equals or exceeds 50% of the
perimeter of the base of the foundation measured in linear feet, or
repair or replacement of 50% of the piles, columns or piers of a pile,
column or pier-supported foundation, the Building Official shall determine
it to be substantial repair of a foundation. Applications determined
by the Building Official to constitute substantial repair of a foundation
shall require all existing portions of the entire building or structure
to meet the requirements of 780 CMR. [As amended by MA in 9th Edition
BC]
A grant of relief by a community from the terms of a floodplain
management regulation. [U.S. Code of Federal Regulations, Title 44,
Part 59]
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5)
is presumed to be in violation until such time as that documentation
is provided. [U.S. Code of Federal Regulations, Title 44, Part 59]
Area of special flood hazard without water surface elevations
determined.
Area of special flood hazard with water surface elevations
determined.
Areas of special flood hazards having shallow water depths
and/or unpredictable flow paths between one and three feet, and with
water surface elevations determined.
Area of special flood hazards having shallow water depths
and/or unpredictable flow paths between one and three feet. (Velocity
flow may be evident; such flooding is characterized by ponding or
sheet flow.)
Area of special flood hazard where enough progress has been
made on a protective system, such as dikes, dams, and levees, to consider
it complete for insurance rating purposes. (Flood elevations may not
be determined.)
Areas of minimal or moderate flood hazards or areas of future-conditions
flood hazard. (Zone X replaces Zones B and C on new and revised maps.)
Area of special flood hazards without water surface elevations
determined, and with velocity, that is inundated by tidal floods (coastal
high hazard area).
Area of special flood hazards, with water surface elevations
determined and with velocity, that is inundated by tidal floods (coastal
high hazard area).
[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]
F.
GP Groundwater Protection Overlay District regulations.
(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.
(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.
(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]
(2)
Prohibited uses. The following uses are prohibited
in the WP Well Protection Overlay District:
(a)
Any use prohibited in the underlying zoning
districts.
(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.
[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.
DOCK and PIER
SEASONAL
Definitions. As used in this section, the following terms shall have the meanings indicated, [(from Ch. 703, Private Docks and Piers, § 703-2, Definitions.]
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.
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.
[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 1/2 stories, whichever
is less.
(6)
Front yard landscape buffer: 45 feet.
(7)
Landscape buffer, rear and side yard: 30 feet.
(8)
Maximum lot coverage: 25%.
(9)
Maximum floor area ratio: 0.40.
[Added 10-21-2021 by Order
No. 2022-007]
A.
Purpose.
(1)
The purpose of this section is to permit the development and
relocation of medical and health care services, together with commercial,
retail and residential uses, on a site with convenient regional access.
The Mixed-Use Subzone is established as a special district of the
Medical Services Overlay District which overlays in majority part
the Industrial Zoning District, and, in part, the Groundwater Protection
and Wellhead Protection Overlay Districts.
(2)
Provisions of this section are designed to ensure that all development activities associated with the Mixed-Use Subzone will be carried out so as to provide for and maintain protection of neighboring properties, convenient and safe access for vehicular and pedestrian movement, firefighting and emergency rescue vehicles, satisfactory methods of stormwater management, groundwater recharge and handling and disposal of sewage and waste and adequate off-street parking. To the extent anything contained in this § 240-38.1 conflicts with any other provisions of this chapter, this § 240-38.1 shall govern.
B.
District established. A Mixed-Use Subzone of the Medical Services Overlay District is hereby established and shall be considered 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.
C.
Principal permitted uses. The principal permitted uses allowed in the Mixed-Use Subzone shall include all uses permitted in the Medical Services Overlay District, which include all uses permitted in the underlying IND District (including, without limitation, any use permitted in the B and S&D Districts). Additionally, multifamily dwellings (apartments) on a lot within 1,000 feet of Kidd's Hill Road within the Mixed-Use Subzone shall be permitted subject to the following provisions in lieu of the requirements set forth in § 240-21A(9)(a) through (i) or 240-38F, or any other provisions as may be set forth in this chapter:
(1)
The minimum lot area ratio shall be 1,500 square feet of lot
area per each apartment unit for new multifamily structures.
(2)
The maximum lot coverage shall be 25%.
(3)
The maximum height shall not exceed 35 feet. [NOTE: Except that
for multifamily structures on a lot not less than 10 acres, the maximum
building height shall be not more than four stories which shall not
be more than 55 feet in height measured to the highest point on the
roof (not including antennas or similar roof structures).]
(4)
The minimum front yard setback shall be 60 feet.
(5)
The minimum side and rear yard setbacks shall be 30 feet.
(6)
The maximum floor area ratio shall be 0.75.
(7)
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.
(8)
No living units shall be constructed or used below the ground
level.
(9)
Multifamily dwelling units shall be leased for a term of not
less than 12 months; provided, however, that up to 10% of the units
in a multifamily dwelling development in the Mixed-Use Subzone may
be leased for a term of less than 12 months but not less than six
months.
D.
Accessory uses. Within the Mixed-Use Subzone, accessory uses or accessory
buildings are permitted, including, without limitation, parking garages,
pools, parking areas and offices, provided that any such use or building
is customarily incidental to, subordinate to and on the same lot as
the principal use it serves.
E.
Conditional uses. The conditional uses allowed in the Mixed-Use Subzone
shall include all conditional uses permitted in the Medical Services
Overlay District, the IND District, the S&D District, and the
B District.
F.
Special permit uses. The special permit uses allowed in the Mixed-Use Subzone shall include all special permit uses permitted in the Medical Services Overlay District, the IND District and the B District, senior living, assisted living, senior living, nursing homes, (NOTE: As such terms are defined in § 240-25F.) independent living facilities, memory care facilities, and long-term care facilities. Additionally, multifamily dwellings (apartments) on a lot, any portion of which is set back greater than 1,000 feet from Kidd's Hill Road within the Mixed-Use Subzone, shall be allowed by special permit, subject to the provisions of § 240-38.1C above in lieu of the requirements set forth in § 240-21A(9)(a) through (i) or 240-38F, or any other provisions as may be set forth in this chapter.
G.
Bulk regulations (dimensional requirements) for all uses other than
multifamily dwellings (apartments):
(1)
Minimum lot area: 90,000 square feet.
(2)
Minimum lot frontage: 200 feet.
(3)
Minimum setback, front: 60 feet.
(4)
Side/rear yard: 30 feet minimum.
(5)
Building height: (NOTE: Skylights, mechanical penthouses and
architectural features not designed for human occupancy shall be excluded
in determining the height of any building in the Mixed-Use Subzone.)
35 feet. [NOTE: Except that for structures containing senior living,
assisted living, senior living, nursing homes, independent living
facilities, memory care facilities and/or long-term care facilities,
on a lot not less than 10 acres, the maximum building height shall
not be more than four stories which shall not be more than 55 feet
measured to the highest point on the roof (not including antennas
or similar roof structures).]
(6)
Front yard landscape buffer: 45 feet.
(7)
Landscape buffer, rear and side yard: 30 feet.
(8)
Maximum lot coverage: 25%.
(9)
Maximum floor area ratio: 0.40.
H.
Parking regulations.
(1)
For multifamily dwellings, off-street parking shall be provided
at a ratio of 1.3 spaces per dwelling unit, and one guest space per
10 dwelling unit spaces.
(2)
For retail uses, off-street parking shall be provided at a ratio
of one space per 250 retail square feet.
(3)
For medical uses, off-street parking shall be provided at a
ratio of one space per 300 square feet.
I.
Affordable housing units. Notwithstanding any other provisions as
may be set forth in this chapter, any multifamily dwelling development
in the Mixed-Use Subzone shall comply with the following affordable
housing requirements:
(2)
An additional 3% of the multifamily dwelling units shall be deed restricted as affordable housing units subject to the provisions for affordable units in Town of Barnstable Code, Chapter 9, Article I, Inclusionary Affordable Housing Requirements, except that for the purposes of this subsection, a qualified affordable housing unit tenant shall be defined as an individual or household with total annual income that does not exceed 80% of the median income for the Town of Barnstable, as determined annually by the Department of Housing and Urban Development. The affordable units 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) as Local Initiative Program units.
(3)
No certificate of occupancy permit shall be issued until recordation
of the regulatory agreement and declaration of restrictive covenants.
J.
Design and screening standards. Notwithstanding anything contained in § 240-52, or any other provisions as may be set forth in this chapter, each off-street parking space in the Mixed-Use Subzone shall have minimum dimensions of nine feet by 18 feet, excluding the driveway to such space.
K.
Incidental storage of hazardous materials and impervious coverage.
(1)
Hazardous materials may be stored and offered for sale in connection
with retail use or incidental to multifamily use in the Mixed-Use
Subzone, except as prohibited by the WP Wellhead Protection Overlay
District.
(2)
In the Mixed-Use Subzone, compliance with the lot coverage requirements set forth in §§ 240-35F(3) and 240-35G(3) may be determined across multiple lots located within the district if the owners of such lots agree to do so in a written agreement provided to the Building Department. Additionally, for purposes of §§ 240-35F(3) and 240-35G(3), porous pavement shall not be considered paved surface.
L.
(1)
On lots with not less than 10 acres in the Mixed-Use Subzone,
an aggregate sign area of up to 400 square feet shall be allowed,
provided that the sign area of any single sign does not exceed 200
square feet; and
(2)
One freestanding sign of up to 200 square feet shall be allowed
in the Mixed-Use Subzone, provided that such freestanding sign identifies
at least two commercial, retail and/or medical uses within the Mixed-Use
Subzone.
[Added 4-24-1996; amended 1-20-2005 by Order No.
2005-038; 9-18-2008 by Order No. 2009-08; 5-7-2015 by Order No.
2015-071; 1-17-2019 by Order No. 2019-064; 12-1-2022 by Order No. 2022-023]
A.
Purposes.
(1)
The purpose of this § 240-39 is to permit the renovation and redevelopment of a large-scale integrated retail shopping and mixed-use center on a large site with convenient highway access. The Shopping Center Redevelopment Overlay District is established as a special district which overlays another nonresidential zoning district or districts (including a Groundwater Protection Overlay District).
(2)
The Shopping Center Redevelopment Overlay District permits the redevelopment and expansion of a shopping center subject to the specific regulations and requirements contained in this § 240-39. If there is an inconsistency between the provisions of this Overlay District § 240-39 and the underlying zoning district, even where the Overlay District provisions are less stringent than provisions of the underlying zoning district, the provisions of this Overlay District § 240-39 shall govern. The regulations of this § 240-39 relating to use, building and lot dimensions, development intensity, parking, signage and advisory site plan review shall apply only to a regional shopping center, and not to any other use that is allowed or permitted in the underlying zoning district.
(3)
The provisions of this § 240-39 are designed to assure that all development activities associated with a regional shopping center will be carried out so as to provide for and maintain:
(a)
Protection of neighboring properties against harmful effects
of uses on the development site;
(b)
Protection of neighboring properties against harmful effects
of uses on the development site;
(c)
Convenience and safety of vehicular and pedestrian movement
within the development site and in relation to adjacent streets, properties
or improvements;
(d)
Satisfactory methods of stormwater management and groundwater
recharge shall be provided with due regard to the protection of the
Town's groundwater resources;
(e)
Satisfactory methods for storage, handling and disposal of sewage,
refuse and other wastes resulting from the normal operations of the
establishments on the development site;
(f)
Convenience and safety of off-street loading and unloading of
vehicles, goods, products, materials and equipment incidental to the
normal operation of the establishments on the development site;
(g)
Adequate off-street parking and traffic mitigation measures
that will enhance the efficiency of the transportation system taking
into consideration the overall Town traffic needs.
(h)
Harmonious relationship to the terrain and to existing buildings
in the vicinity of the development site; and
(i)
Attractive and functional design with due regard to the existing
conditions of the development site and the use thereof for a regional
shopping center, in order to promote the interests of the community.
B.
Location. The boundary of the Shopping Center Redevelopment Overlay
District is shown on a map of land entitled "Shopping Center Redevelopment
Overlay Zoning District" filed with the Town Clerk, which map, together
with all explanatory matter thereon, is hereby incorporated in and
made a part of this chapter.
C.
Relationship to underlying districts and regulations.
(1)
The Shopping Center Redevelopment Overlay District shall overlay
all underlying districts so that any parcel of land lying in a Shopping
Center Redevelopment Overlay District 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 Shopping Center Redevelopment Overlay District to the extent that they are not inconsistent with the specific provisions of this § 240-39. To the extent the provisions of this § 240-39 are in conflict with or are inconsistent with other provisions of this chapter, the provisions of this § 240-39 shall govern and prevail even if such other provisions are more restrictive than those set forth in this § 240-39.
D.
ADVISORY SITE PLAN REVIEW
AMUSEMENT USES
GROSS FLOOR AREA
GROSS LEASABLE AREA
HOTEL
INITIAL REDEVELOPMENT
MEZZANINE(S)
MULTIFAMILY DWELLING
OFFICE
REDEVELOPMENT AREA
REGIONAL SHOPPING CENTER
(1)
(2)
RETAIL SHOPPING CENTER USES
Definitions. The following definitions shall be applicable to land
and its use within the Shopping Center Redevelopment Overlay District:
The process set forth in § 240-39L of this chapter, and shall not constitute a development permit within the meaning of the Cape Cod Commission Act (Chapter 716 of the Acts of 1989) or the Regional Policy Plan promulgated pursuant thereto.
The principal use of stores or common areas in a regional
shopping center for the operation of a coin-operated video arcade,
game room, indoor playground, bowling alley or similar use (but restaurant
and theater uses and amusement uses that are accessory to retail uses
shall not constitute amusement uses).
The meaning set forth in § 240-128 of this chapter.
Gross floor area, exclusive of mall areas, stairs, escalators,
elevators, utility, storage and equipment rooms, mall offices, exit
and service corridors, toilet rooms, maintenance areas, and mezzanine
areas not used for the public sale or display of goods or services.
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.
The expansion of existing improvements within the Shopping Center Redevelopment Overlay District which increases the gross floor area of all buildings within the district above that which is in existence on January 1, 1996, by 50,000 square feet of gross floor area or more in the aggregate pursuant to a special permit issued under § 240-39N hereof.
An intermediate level or levels between the floor and ceiling
of any story with an aggregate floor area of not more than 10% of
the gross floor area of the store or area of the building in which
the level or levels are located. Mezzanines which are not used for
the public sale or display of goods shall not be treated as an additional
story for purposes of calculating maximum building height. Mezzanine
space may be used for storage and for backroom office functions incident
to the operation of gross floor area within the regional shopping
center, but shall not be rented for such purposes to persons not operating
gross floor area within the regional shopping center. Mezzanines which
are used for the public sale or display of goods shall be treated
as gross leasable area.
A structure containing three or more dwelling units offered
for sale or rent, each of which shall contain separate living, sleeping,
cooking, and bathroom facilities for the families residing there.
Includes professional, business, dental and/or medical offices,
which are defined as a room, or group of rooms used for conducting
the affairs of a business, service industry, or government entity.
Land within the boundaries of the Shopping Center Redevelopment
Overlay District, which is used or proposed for use as part of a regional
shopping center, and encompassing one or more individual lots on which
the regional shopping center will be situated.
A concentration of stores and establishments devoted to retail
shopping center uses and amusement uses including an enclosed structure
(which may consist of several buildings) containing a total of not
less than 500,000 square feet of gross floor area and located on a
redevelopment area, together with ancillary utility facilities, parking
areas and driveways, landscaped areas, and stormwater detention facilities.
A regional shopping center may also contain offices, hotels, and multifamily
dwellings. A regional shopping center may consist of one or more lots
and one or more buildings under separate ownership provided that:
The lots and buildings are subject to an operating agreement
or leasehold arrangements, provided that the areas used in common,
including the central enclosed mall area, the parking structures and
the exterior parking and circulation areas, will be under integrated
management; and
The separate lots and buildings are developed with a unified
approach to architectural and landscape design, pedestrian ingress
and egress, parking, truck loading, vehicular entrances and exits,
drainage, groundwater recharge and utilities.
A concentration of retail stores and service establishments,
including restaurants, movie theaters and such other uses as are customarily
found in a regional shopping center, together with ancillary utility
facilities, parking areas and driveways, landscaped areas, and stormwater
detention facilities. Retail shopping center uses may include one
area devoted to outdoor, tent-type sales of home and garden goods,
provided that any such area is operated incident to a retail store
having not less than 40,000 square feet of gross floor area and occupies
not more than 5,000 square feet of area.
E.
Application of requirements.
(1)
A redevelopment area may consist of more than a single building lot,
and in such event the requirements of this chapter shall not be applied
to individual building lots, but shall be applied to the entire redevelopment
area as if the redevelopment area were a single building lot notwithstanding
the fact that the building lots within the redevelopment area may
be in different ownership.
(2)
The regional shopping center and other improvements within the redevelopment
area may be developed in phases and may be developed and occupied
under one or more building permits and occupancy permits.
(3)
The provisions of this § 240-39 shall not apply to any expansion of existing improvements within the Shopping Center Redevelopment Overlay District until the exercise of rights under a special permit issued under § 240-39N with respect to the initial redevelopment, and any such expansion which does not constitute the initial redevelopment shall be subject to all of the requirements of the underlying zoning district(s) including, without limitation, the requirement of a special permit for certain uses and structures within the district. Following the exercise of rights under a special permit issued under § 240-39N with respect to the initial redevelopment, this § 240-39 shall apply to all improvements thereafter constructed within the Shopping Center Redevelopment Overlay District.
F.
Permitted and prohibited uses.
(1)
The following uses are permitted by right in the Shopping Center
Redevelopment Overlay District:
(a)
Retail shopping center uses.
(b)
Office.
(c)
Hotels.
(d)
Multifamily dwellings.
(e)
Amusement uses, provided that no more than 75,000 square feet
of gross leasable area in a regional shopping center shall be devoted
to amusement uses unless a special permit is issued therefor by the
Zoning Board of Appeals.
(2)
The following uses are prohibited in the Shopping Center Redevelopment
Overlay District:
(a)
All uses prohibited in § 240-35F(2) [GP Groundwater Protection Overlay District] of this chapter.
(b)
Parking and/or storage of transport vehicles for fuel, including
but not limited to oil, coal and gas.
(c)
Parking and/or storage of transport vehicles for toxic and/or
hazardous substances.
(d)
Drive-through restaurant or drive-through bank, except that a drive-through bank shall be permitted in so much of the Shopping Center Redevelopment Overlay District as lies within the underlying Highway Business District, subject to the special permit provisions of § 240-39N, and a drive-through restaurant may be permitted only on that area within the SCROD identified as "Drive-Through Restaurant Sub Zone" as shown on the map entitled "Shopping Center Redevelopment Overlay District Amendment,"[1] dated February 20, 2015, subject to the special permit provisions of § 240-39N.
[1]
Editor's Note: Said map is on file in the Town offices.
(e)
Gasoline and oil filling stations.
(f)
Casinos and other gambling establishments (other than the incidental
sale of lottery tickets as part of a use otherwise permitted in the
Shopping Center Overlay District).
G.
Bulk and dimensional regulations.
(1)
Land located within the Shopping Center Redevelopment Overlay District
and used for a regional shopping center shall be subject to the dimensional
controls set forth below:
(a)
Minimum area of redevelopment area: 50 acres.
(b)
Minimum lot size (individual building lots): none.
(c)
Minimum lot frontage (individual building lots): 20 feet.
(d)
Minimum side, front and rear yards (other than at the perimeter
of the redevelopment area): none.
(e)
Minimum front yard setback (at perimeter of the redevelopment
area): 30 feet.
[1]
One hundred feet along Iyannough Road/Route 132 Road except
50 feet along that portion of Route 132/Iyannough Road on that area
within the SCROD identified as "Drive-Through Restaurant Sub Zone."
[2]
Within 100 feet of Route 28/Falmouth Road, the minimum setback
shall be 20 feet, but there shall be a maximum setback of 50 feet.
(f)
Minimum side and rear yards (at perimeter of redevelopment area):
30 feet.
(g)
Maximum lot coverage as percentage of lot area of redevelopment
area: 50%.
(2)
Except as specifically stated to the contrary in Subsection G(1), the bulk and dimensional requirements set forth therein shall be applied to a redevelopment lot as if it were one lot, even though it may be comprised of several lots in different ownerships. More than one building may be located on a single lot within the Shopping Center Redevelopment Overlay District.
(3)
Skylights, mechanical penthouses, rooftop mechanical features, and architectural features not designed for human occupancy (collectively, the "special features") shall be excluded in determining the height of any building within a regional shopping center. However, in no case shall such special features exceed 10 feet above the height of the building absent special permit relief issued pursuant to § 240-39N.
H.
Maximum increase in gross leasable area. Retail shopping center uses within a regional shopping center shall not exceed 1,200,000 square feet of gross floor area within the redevelopment area, measured on an aggregate basis, unless the Zoning Board of Appeals has issued a special permit in accordance with the provisions of this § 240-39N. The maximum gross floor area of 1,200,000 square feet set forth above shall be reduced by 20,000 square feet of gross floor area for every acre by which the total area of the redevelopment area is less than 59 acres. For purposes of this § 240-39, the floor area of parking structures shall not be treated as gross floor area or gross leasable area.
I.
Limitation on impervious surfaces; outdoor recreational areas; buffer
strip landscaping.
(1)
Impervious surfaces. No more than 70% of the total redevelopment area shall be rendered impervious by the installation of buildings, structures and paved surfaces, measured on an aggregate basis, unless groundwater mitigation land is provided at a one-to-one ratio for any overage of impervious cover in the redevelopment area. Groundwater mitigation land shall mean land located within the same or a more restrictive Groundwater Protection District in a zone of contribution to the well fields operated as of January 1, 1996, by the Barnstable Water Company and/or the Barnstable Fire District which land is permanently restricted by or on behalf of the owners of the redevelopment area to be left in an open and natural state. However, even with the dedication of groundwater mitigation land, no more than 82.7% of the total redevelopment area shall be so rendered impervious. Rooftop and surface water drainage systems shall be designed and maintained in accordance with the standards set forth in § 240-39L(4)(i). For purposes of this § 240-39I, roadways (other than interior access drives) built in accordance with municipal specifications (as the same may be modified or waived by the Planning Board) and used as public way(s) or private way(s) shall not be treated as impervious surfaces and shall not be treated as part of the area of the district for purpose of such calculation.
(2)
Outdoor recreational areas. Any new development or redevelopment
within the Shopping Center Redevelopment Overlay District that proposes
a hotel or multifamily use shall include an outdoor recreational area
for use by hotel guests or multifamily residents and visitors. Outdoor
recreational areas should consist of a contiguous space containing
a minimum width of 15 feet and a minimum tree canopy of 10%.
(3)
Landscaped buffer. As a part of the portion of the redevelopment
area to be maintained in pervious condition, a landscaped buffer strip
of variable width shall be provided and maintained along the redevelopment
area's frontage on Route 28, Route 132 and any extension of Enterprise
Road which is laid out in conjunction with the redevelopment. Said
landscaped buffer strip shall be a minimum of 15 feet in depth from
the property line. The design of this buffer strip may include sidewalks/bikepaths,
berms, indigenous planting materials and other ground cover. Cross
over access drives and signs provided for herein shall be permitted
in the landscaped buffer strip, but parking areas are prohibited.
All other roadway frontages shall have a landscaped buffer strip of
at least 10 feet.
J.
Parking and loading. Uses within the Shopping Center Redevelopment
Overlay District shall be subject to the following minimum off-street
parking and loading requirements:
(1)
Required off-street parking for retail shopping center uses within
a regional shopping center shall be provided at a ratio of not less
than 4.0 parking spaces for each 1,000 square feet of gross leasable
area.
(2)
Required off-street parking for office uses within a regional shopping
center shall be provided at a ratio of not less than 1.0 parking space
for each 300 square feet of gross leasable area plus 1.0 parking space
per separate suite.
(3)
Required off-street parking for hotel uses within a regional shopping
center shall be provided at a ratio of not less than 0.75 parking
space per guest unit.
(4)
Required off-street parking for multifamily dwellings within a regional
shopping center shall be provided at a ratio of not less than 1.5
parking spaces per dwelling unit.
(5)
The foregoing parking requirements may be reduced by Special Permit
from the Zoning Board of Appeals if lesser off-street parking is shown
to be adequate given such special circumstance as:
(a)
Use of a common parking area by different uses having different
peak hours of demand.
(b)
Habits or other characteristics of occupants which result in
reduced auto usage.
(c)
Characteristics of use invalidating normal methods of calculating
parking demand.
(d)
Supplementary parking provided off premises.
(e)
Demonstrated measures to lower parking demand to the regional
shopping center.
(6)
All off-street parking spaces required by this § 240-39J shall be located within the redevelopment area, except that parking spaces may be located outside of the redevelopment area on another non-residentially zoned lot provided a) such other lot is located within 300 feet of the redevelopment area on which the use for which such spaces are required is located, and b) such lot is in common ownership with, or subject to a long term lease or easement for the benefit of, all or a portion of the redevelopment area. In addition, parking spaces may be located at such other locations as may be approved by the Zoning Board of Appeals as part of any Traffic Demand Management Plan which shall be incorporated as part of the special permit issued under § 240-39N hereof.
(7)
Each off-street parking space shall have minimum dimensions of nine
by 18 feet, excluding the driveway to such space. Parking stalls within
the Shopping Center Redevelopment Overlay District which are designed
at 90° shall have the following minimum dimensions:
(a)
Ninety-degree parking dimensions:
Stall width: nine feet, zero inches.
Stall length: 18 feet, zero inches.
Aisle width: 24 feet, zero inches.
Bay width: 60 feet, zero inches.
(8)
Parking lot landscaping.
(a)
Application. This section shall apply to any new development
or redevelopment within the Shopping Center Redevelopment Overlay
District in which the limit of work exceeds one acre (43,560 square
feet). This section shall not apply to ordinary maintenance or repairs
to buildings or parking areas within the Shopping Center Redevelopment
Overlay District.
(b)
Procedure. Any project that satisfies the triggering requirements set forth in Subsection (a) above shall delineate on the accompanying plans the proposed limit of work. Only parking and loading areas within the limit of work shown on the plans shall be subject to the minimum requirements set forth below.
(c)
The surfaced area of a parking lot and all entrance and exit
drives shall be set back from the side and rear lot lines, by a landscaped
side and rear yard buffer at least five feet in width.
(d)
A ten-foot minimum, landscaped perimeter buffer shall be maintained
between a building and the surfaced area of a parking lot or drive,
except at entrances, building loading and utility locations. A walkway
may be located within the landscaped perimeter buffer, provided that
the landscape area is not reduced to less than 40% of the area of
the perimeter buffer.
(e)
At least 7% of the interior of a parking lot with 21 or more
parking spaces shall be landscaped. Planting along the perimeter of
a parking area shall not be considered as part of the 7% interior
landscaping. Interior landscaped islands shall be distributed throughout
the parking lot. At least one tree with a minimum 2.5-inch caliper
or larger shall be provided per 12 spaces or any portion thereof,
located within interior landscaped islands. Existing naturally occurring
trees in good condition located in landscaped islands shall be credited
towards this requirement only in those areas where the existing trees
are located. No landscaped island shall have an overall width of less
than six feet. A walkway may be located within an interior landscaped
island, provided that the walkway is separated from the surfaced area
of the drive or parking lot by a minimum of four feet of landscaped
area. These interior landscape requirements shall not apply to interior
parking spaces, parking garages, or parking lots used for sale and/or
display of motor vehicles.
(f)
Where landscaped setbacks to parking areas, landscaped buffers to buildings, and landscaped islands within parking areas are required in Subsection J(8)(c) through (e) above, the following requirements shall apply:
[1]
Existing natural trees and shrubs shall be retained within landscaped
islands, and side and rear yard landscaped buffers to parking lots
and drives wherever possible and supplemented with other landscape
materials, in accordance with accepted landscape practices. Specimen
trees shall be retained and, if practical, relocated within the site
where necessary. Where natural vegetation cannot be retained, these
areas shall be landscaped with a combination of low-maintenance grasses,
trees and shrubs commonly found on Cape Cod. A list of recommended
plant materials is on file with the Town Clerk and may also be obtained
from the Planning Department. Plant materials shall be of sufficient
size and density to create an attractive appearance. Brick or stone
mulch shall not be used in place of ground covers in landscaped islands.
Where mulch is used, it shall be in such a manner that it will not
wash into leaching catch basins located in a parking lot, or adjacent
roadway.
[2]
All landscaped areas shall be continuously maintained, substantially in accordance with any site plan approved pursuant to Article IX. No occupancy certificate shall be issued until the landscape plan has been implemented according to an approved site plan, except that 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 and plant materials.
(g)
Landscape buffers and islands may be reduced by an amount sufficient
to ensure the creation of a functional, attractive parking lot, subject
to approval of site plan review.
K.
Signs in the Shopping Center Redevelopment Overlay District. Only
the following types of signs shall be permitted in the Shopping Center
Redevelopment Overlay District:
(1)
Large freestanding exterior signs:
(2)
Wall signs identifying uses permitted by right in the Shopping Center
Redevelopment Overlay District having gross leasable area of greater
than 25,000 square feet or having exterior public entrances; the food
court; and the regional shopping center, provided that no wall sign
shall extend higher than the top of the parapet wall:
(a)
Maximum letter height: five feet for signs accessory to anchor
and major stores, and four feet for other such signs. This letter
height restriction shall not apply to emblems, logos, or other designs
associated with the sign display.
(b)
Maximum area:
[1]
Anchor stores (for each tenant with a gross leasable area of
45,000 square feet or more): The maximum sign area for any one display
shall not exceed 200 square feet for the first sign; the maximum sign
area for any additional display shall be 150 square feet. There shall
only be one sign display per eligible elevation. An additional sign
allowance of 30 square feet shall be provided for entrance door and
awning signs.
[2]
Major stores (for each tenant with a gross leasable area of
12,000 square feet or more): The maximum sign area for any one display
shall not exceed 120 square feet. There shall only be one sign display
per eligible elevation. An additional sign allowance of 15 square
feet shall be provided for entrance door and awning signs.
[3]
In-line store (for each tenant with an exterior entrance): The
maximum sign area for any one display shall not exceed 50 square feet
for tenants with storefronts less than 50 linear feet in length. An
additional square foot of sign area shall be allowed for each linear
foot of storefront above 50; the maximum sign area for any one display
shall not exceed 75 square feet. There shall only be one sign display
per tenant. An additional sign allowance of 10 square feet shall be
provided for entrance door and awning signs.
[4]
Mall entrances: The maximum sign area for any one display shall
not exceed 50 square feet. There shall only be one sign per each eligible
mall entrance.
(4)
Freestanding directional signs indicating access and egress to the
site, as well as direction to department stores, services or other
areas within the regional shopping center:
(5)
Hanging parking structure signs at vehicular entrances to parking
structures:
(a)
Maximum number: one per vehicle ramp access point to parking
structures.
(b)
Maximum height: one foot, six inches.
(c)
Maximum area: 16 square feet per side.
(d)
In addition, directional and parking area identification signs
shall be permitted within the parking structures, and safety/height
limitation markings shall be permitted on the exterior of the parking
structures.
(7)
Banners which do not advertise particular stores or articles for
sale shall be permitted.
(8)
In addition to the signs otherwise permitted under this § 240-39K, wall signs for freestanding buildings, including hotels, multifamily dwellings, and movie theaters (meaning buildings which are not physically connected to the enclosed mall of the regional shopping center) which are otherwise permitted in the underlying zoning district under this chapter shall be permitted in the Shopping Center Redevelopment Overlay District.
(9)
In addition to the wall signs permitted under § 240-39K(2), one exterior wall sign for each movie theater, hotel, and multifamily dwelling located within a regional shopping center shall be permitted with a size of up to 150 square feet.
(10)
In addition to the signs permitted under § 240-39K(1) hereof, up to two freestanding exterior signs for each movie theater, hotel, and multifamily dwelling located within a regional shopping center shall be permitted as follows:
(11)
In addition to the signs permitted under § 240-39K(1) hereof, one freestanding exterior sign shall be permitted on that area within the SCROD identified as "Drive-Through Restaurant Sub Zone," provided that the maximum height of freestanding signs does not exceed 12 feet above grade and the maximum area of the freestanding signs does not exceed 50 square feet per side, exclusive of the structure holding the sign.
(12)
No special permit shall be required for signs that are in conformance
with the standards set forth above.
L.
Advisory site plan review and provisions.
(1)
Findings. Owing to their physical characteristic and the nature of
their operations, a regional shopping center may affect neighboring
properties and adjacent sidewalks and streets. It is in the interest
of the community to promote functional and aesthetic design, construction
and maintenance of a regional shopping center and to minimize any
harmful effects on surrounding areas.
(2)
Purposes. The provisions of this section are designed to assure that all development activities associated with a regional shopping center will be carried out in furtherance of the purposes articulated in § 240-39A, taking into account the existing condition of the redevelopment area, the large-scale character of developments such as the regional shopping center, the customary site layout of regional shopping centers, and the necessity to permit natural light to illuminate the common areas of the regional shopping center (hereinafter referred to as the "design constraints").
(3)
Advisory site plan review/when required. The provisions of this § 240-39L shall apply to development within the Shopping Center Redevelopment Overlay District in lieu of the site plan review provisions of Article IX of this chapter. At least 60 days prior to filing any DRI application with the Cape Cod Commission, the proponent of a regional shopping center shall make an informal filing with the Building Commissioner, in draft form, of such plans and materials relating to the DRI application as the proponent intends to file with the Commission with its DRI application and such relevant plans and materials relating to the MEPA process as are then available. Within 30 days following such informal submission, the Building Commissioner and other members of the Site Plan Review Committee established under Article IX of this chapter and such other Town staff as may be designated by the Building Commissioner shall review, comment upon and make recommendations with respect to the plans and materials so submitted, provided that the Building Commissioner shall have the right to extend such thirty-day period by an additional 30 days at the request of the Site Plan Review Committee. In conducting its review the Site Plan Review Committee shall consider the consistency of such plans and materials with the site development standards set forth in Subsection L(4) hereof. The informal filing and review described in this Subsection L(3) requires no approval and therefore does not constitute a development permit within the meaning of the Cape Cod Commission Act (Chapter 716 of the Acts of 1989) or the Regional Policy Plan promulgated pursuant thereto; however, the Cape Cod Commission shall be invited to have representatives participate in the advisory site plan review process.
(4)
Site development standards.
(a)
A reasonable effort shall be made to improve, conserve and protect
natural features that are of some lasting benefit to the site, its
environs and the community at large.
(b)
Slopes which exceed 10% shall be protected by appropriate measures
against erosion, runoff, and unstable soil, trees and rocks. Measures
shall be taken to stabilize the land surface from unnecessary disruption.
Such stabilization measures shall be the responsibility of the property
owner.
(c)
The placement of buildings, structures, fences, lighting and
fixtures on each site shall not interfere with traffic circulation,
safety, appropriate use and enjoyment of adjacent properties.
(d)
At any driveway, a visibility triangle shall be provided in
which nothing shall be erected, placed, planted or allowed to grow
so as to materially impede vision from within motor vehicles between
a height of three feet and eight feet above the average center-line
grades of the intersecting street and driveway, said triangle being
bounded by the intersection of the street line and the edges of a
driveway in a line joining points along said lines 20 feet distant
from their projected intersection.
(e)
Adequate illumination shall be provided to parking lots and
other areas for vehicular and pedestrian circulation. All illumination
shall be directed and/or shielded so as not to interfere with traffic
beyond the perimeter of the site.
(f)
All areas designed for vehicular use shall be paved with a minimum
of either 2 1/2 inches bituminous asphalt concrete, a six-inch
portland cement concrete pavement, or other surface, such as brick
or cobblestone, as approved by the Town Engineer.
(g)
All parking spaces shall be arranged and clearly marked in accordance with the parking lot design standards contained in § 240-39J herein. Signs and pavement markings shall be used as appropriate to control approved traffic patterns.
(h)
All utility service transmission systems, including but not
limited to water, sewer, natural gas, electrical and telephone lines,
shall, whenever practicable, be placed underground. Electric, telephone,
cable TV, and other such utilities shall be underground, except for
transformers, electric switching boxes or similar equipment and gas
meters, which may be above ground.
(i)
All surface water runoff from structures and impervious surfaces shall be disposed of on site, but in no case shall surface water drainage be across sidewalks or public or private ways. In no case shall surface water runoff be drained directly into wetlands or water bodies (except for drainage structures in place as of the effective date of this § 240-39). All drainage systems shall be designed to minimize the discharge of pollutants by maximizing appropriately designed vegetated drainage channels and sedimentation basins that allow for adequate settling of suspended solids and maximum infiltration (with due regard to the design constraints). Dry wells, leaching pits and other similar drainage structures may be used only where other methods are not practicable. Subject to ambient surcharge conditions, roof runoff shall be recharged to the ground via a system of dry wells and/or infiltration systems. Nontoxic roof materials shall be used to minimize the leaching of toxic materials to the groundwater. To minimize water utilization, all new plumbing fixtures shall be designed to meet water conservation measures as required under the State Building and Plumbing Codes. All such drainage structures shall be preceded by oil, grease and sediment traps to facilitate removal of contaminants. All calculations shall be for a twenty-five-year storm and shall be reviewed by the Town Engineer. The materials submitted shall include provision for an appropriate maintenance program for such drainage structures to be implemented and maintained by the proponent. The materials submitted shall show adequate measures to mitigate pollution of surface or groundwater to minimize erosion and sedimentation. All drainage shall be designed so that all runoff shall be disposed of on site, groundwater recharge is maximized, and neighboring properties will not be adversely affected.
(j)
The materials submitted shall describe estimated average daily
and peak hour vehicle trips to be generated by the site and traffic
flow showing adequate access to and from the site and adequate circulation
within the site. The proponent of a regional shopping center will
include in such materials reasonable measures to lower traffic demand
to the regional shopping center such as, by way of example only, working
with other major retailers along the 132 corridor to promote bus and
shuttle bus activity, encouraging carpooling among employees, and/or
similar measures, which materials shall be referred to as the "Traffic
Demand Management Plan." Reasonable efforts shall be made to provide
vehicular and pedestrian connections within the redevelopment area
to adjoining properties devoted to retail use.
M.
Affordable housing units. Notwithstanding any other provisions as may be set forth in this Zoning Ordinance, any multifamily dwelling development in the Shopping Center Redevelopment Overlay District shall comply with either Subsection M(1) or (2) below, whichever calculation results in a greater number of restricted units. If the total number of restricted units is the same under Subsection M(1) and (2), then the subsection with the greater number of deed restricted affordable units for individuals and families with the lowest percentage of area median income (AMI) shall be required. The determination as to which calculation applies shall be made at the time that development permits are sought for a proposed multifamily development.
(1)
The provisions of the Town of Barnstable Code, Chapter 9, Inclusionary Affordable Housing Requirements in effect at the time development approvals are sought for any multifamily dwelling development within the SCROD; or
(2)
Ten percent of the multifamily dwelling units shall be deed restricted
as affordable units for individuals and families earning up to 65%
of the area median income and an additional 3% of the multifamily
dwelling units shall be deed restricted as affordable housing units
for individuals and families earning up to 80% of the median income
for the Town of Barnstable, as determined annually by the Department
of Housing and Urban Development. The affordable units 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) as Local Initiative Program units.
(3)
No certificate of occupancy permit shall be issued until recordation
of the Regulatory Agreement and Declaration of Restrictive Covenants.
N.
Special permit provisions.
(1)
Special permit for regional shopping center.
(a)
No building permit or occupancy permit shall be issued for any expansion of a regional shopping center which increases the gross floor area of the regional shopping center above that existing on the effective date of this § 240-39 by more than 50,000 square feet of gross floor area unless the Zoning Board of Appeals has issued a special permit approving such use in accordance with the provisions of this § 240-39N. In addition, no building permit or occupancy permit shall be issued for a drive-through bank or drive-through restaurant unless the Zoning Board of Appeals has issued a special permit or a modification of a special permit issued under this section, approving such use, subject to the provisions of this § 240-39N.
(b)
A special permit may provide for phased development (and, if applicable, a projected phasing plan shall be provided to the Zoning Board of Appeals as part of the special permit process under § 240-39N). A special permit shall become void two years from the date of issue unless any construction work contemplated thereby (or first phase thereof, if applicable) shall commence and proceed in good faith continuously to completion, or, if no construction work is contemplated by the special permit, the use authorized thereby is commenced.
(c)
Any work done in deviation from a special permit granted pursuant to this § 240-39N shall be a violation of this chapter, unless such deviation is approved in writing by the Zoning Board of Appeals. However, a special permit may be granted based upon plans showing one or more permissible building areas and/or permissible parking structure areas, in which buildings and other structures are to be located, rather than with the locations of the buildings and other structures finally established. Provided the boundaries of such permissible building areas and/or permissible parking structure areas are approved by the Zoning Board of Appeals in connection with the special permit, once the special permit is granted, no separate approval of the Zoning Board of Appeals will be required for the actual location of the buildings or improvements within such permissible building areas and/or permissible parking structure areas [provided that no material change to the design or materials described in § 240-39N(2)(a) shall be made without the approval of the Zoning Board of Appeals]. The Zoning Board of Appeals may amend or modify a special permit upon the application of the developer of a regional shopping center and, if the Zoning Board of Appeals determines that such amendment or modification is minor in nature, such amendment or modification may be approved without a hearing upon the submission of plans and information that may, in the discretion of the Zoning Board of Appeals, be less extensive than the plans and information required in this § 240-39N. Amendments or modifications determined by the Zoning Board of Appeals not to be minor in nature shall require a public hearing.
(d)
The purpose of the special permit for a regional shopping center is to assure that the development of a regional shopping center is carried out in a manner which is 1) consistent with the purposes set forth in § 240-39A hereof and the site development standards set forth in § 240-39L(4) hereof, 2) consistent with the terms and conditions of any DRI permit issued by the Cape Cod Commission and the certificate of the Secretary of Environmental Affairs on the final environmental impact report, 3) with due regard given to the Design Guidelines for Cape Cod prepared by the Cape Cod Commission in light of the design constraints, and 4) consistent with such additional reasonable conditions as may be imposed by the Zoning Board of Appeals as are not inconsistent with the foregoing. The Zoning Board of Appeals shall grant a special permit for a regional shopping center upon its determination that the standards for the issuance of such special permit set forth in this Subsection N(1)(d) have been complied with, giving due regard to the design constraints.
(2)
Required contents of special permit application. The application for a special permit under this § 240-39N shall include:
(a)
Building elevation plans for all exterior facades of buildings
and structures, at a scale of 1/16 inch equals one foot, or such scale
as may be required by the Zoning Board of Appeals for detail drawings,
indicating surface materials and colors, together with not less than
three representative cross sections.
(b)
A tabulation of the areas of the proposed site elements, including
buildings (footprints and gross leasable area and gross floor area),
parking structures and surface parking areas (square footage and number
of parking spaces), stormwater management facilities, and landscaped
areas (square footage, number of trees and other plantings).
(c)
Updated versions of the materials submitted to the Building Commissioner in connection with the advisory site plan review process described in § 240-39L above.
(d)
Any request for gross leasable area in excess of the use limitations set forth in § 240-39F(1)(e).
(e)
Any request to permit the structure to exceed the maximum height limitation set forth in § 240-39G(1)(h).
(f)
Any request to permit rooftop features to exceed the rooftop feature height limitation set forth in § 240-39G(3).
(g)
Any request to exceed the maximum allowable 1,200,000 square feet of gross leasable area for retail shopping center uses set forth in § 240-39H.
(h)
Any request to permit a reduction in the required parking ratios under § 240-39J(5).
(i)
All materials relating to any request to permit off-site parking under § 240-39J(6).
(j)
A description of the operating agreement and/or leasehold agreements
contemplated in the definition of "regional shopping center."
(k)
Additional information as may be required by the Zoning Board
of Appeals as reasonably necessary to making the determinations required
by this section.
(3)
Required procedures for special permit.
(a)
At least two copies are required of all plans, drawings and
written information. Copies of application materials shall also be
submitted to the Zoning Board of Appeals electronically.
(b)
The Zoning Board of Appeals may solicit the advice of any other
Town agency or department it deems necessary to properly make the
determinations required by this section.
(c)
In issuing a special permit under this § 240-39N, the Zoning Board of Appeals shall give due regard to and shall not be inconsistent with the decisions and recommendations of the Cape Cod Commission as set forth in any DRI permit or similar approval.
(d)
The Zoning Board of Appeals shall also include as a condition
of its special permit the performance of any written commitments made
by the developer of a regional shopping center to the Zoning Board
of Appeals, the Planning Board or the Town Council intended to reduce
or limit the impacts, financial or otherwise, of the regional shopping
center on the Town. Such conditions shall be based on the written
information furnished to the Zoning Board of Appeals by the Planning
Board and Town Council. Such conditions shall be binding on the applicant
for such special permit provided they are consistent with the provisions
of Section 15 of Chapter 716 of the Acts of 1989 (the Cape Cod Commission
Act).
(e)
The Zoning Board of Appeals may include as a condition of its
special permit that, prior to the issuance of a certificate of occupancy
for the regional shopping center, the Building Commissioner shall
be provided with evidence that the operating agreement and/or leasehold
arrangements contemplated in the definition of "regional shopping
center" are in place.
(f)
If the proposed improvements which are the subject of an application for a special permit under this § 240-39N have not been subject to the review of the Cape Cod Commission because at the time of such application the Cape Cod Commission or the DRI process has been abolished, then the proposed improvements shall be subject to site plan review under Article IX of this chapter.
[Added 6-4-1998]
A.
District established. An Adult Use 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.
Adult use. Within the Adult Use Overlay District,
and only within the Adult Use Overlay District, an adult use may be
permitted, provided that a special permit is first obtained from the
Zoning Board of Appeals, subject to the following conditions of approval:
(1)
The special permit shall be issued to the owner of
the adult use and shall not transfer with a change in ownership of
the business and/or property.
(2)
The special permit shall lapse after two years, unless a shorter term is specified by the Zoning Board of Appeals. Upon receipt of a valid application, the Zoning Board of Appeals may grant another special permit, provided that the Board finds that all conditions of this § 240-40 herein have been complied with, and all conditions of approval of the Zoning Board of Appeals.
(3)
The special permit shall not be renewed if any of the following has taken place on or in proximity to and associated with the premises, as provided for in Subsection B(2) above:
(4)
Violation of any of the conditions of approval of the special permit shall be grounds for nonrenewal of the special permit as provided for in Subsection B(2) above.
(5)
No special permit shall be issued to an owner convicted
of violating MGL Ch. 119, § 63, (Inducing or abetting delinquency
of a child) or MGL Ch. 272 § 28, (Matter harmful to minors,
etc.), or similar laws in other states.
(6)
Where necessary to protect adjacent uses, the Zoning
Board of Appeals may require buffering by fencing, vegetation or other
screening methods.
(7)
No adult use shall be allowed within a building containing
residential use, or upon a lot with residential use. No adult use
shall be located within 500 feet of a residence.
(8)
Where the adult use is not governed by the Licensing
Board, the following conditions shall apply:
(a)
A manager responsible for the operation of the
establishment shall be designated by the owner, if the owner is not
the manager. The manager shall register with the Building Commissioner.
No manager shall be designated who has been convicted of violating
MGL Ch. 119, § 63, (Inducing or abetting delinquency of
a child) or MGL Ch. 272, § 28, (Matter harmful to minors,
etc.) or similar laws in other states
(b)
The owner and/or manager of the establishment
shall be responsible for knowing what is taking place with respect
to the patrons in all parts of the establishment at any given time.
(c)
The Zoning Board of Appeals may establish the
hours of operation.
(d)
There shall be screening of windows and doors
to prevent the public's view of the interior from any public or private
right-of-way.
(e)
The interior of an adult bookstore, adult video
store, or adult paraphernalia store shall be well lit; and there shall
be no closed booths.
(9)
The interior of an adult use nonlive entertainment
establishment shall provide the following:
(a)
An anteroom or other content-neutral space which
will identify the adult use through the use of content-neutral signage.
(b)
All adult materials will be segregated from
nonadult use nonlive entertainment materials.
(c)
Written cautions will be made denying access
to minors to the adult sections of the establishment.
(d)
The purchase point of adult use nonlive entertainment
materials shall be segregated from the purchase point of nonadult
use nonlive entertainment materials.
(e)
Adult use nonlive entertainment purchases or
rentals shall be bagged with an opaque material.
C.
Preexisting adult uses. Any adult use that was in
existence as of the first date of publication of the notice of public
hearing on the zoning amendment inserting this section regulating
adult uses may continue to operate in the same location, without material
change in scale or content of the business, provided that the owner
complies with the provisions of this section requiring a special permit,
including all relevant conditions imposed thereon.
D.
Prohibited uses. Nothing in this chapter is intended
to authorize, legalize or permit the establishment, operation or maintenance
of any business, building or use which violated any Town ordinance
or statute of the commonwealth of Massachusetts regarding public nuisances,
sexual conduct, lewdness, or obscene or harmful matter, or the exhibition
or public display thereof.
[Added 9-2-2004 by Order No. 2004-128]
A.
Purpose.
(1)
The purpose of the Former Grade 5 School Planned
Unit Development District is to encourage flexibility in the design
and development of land within the district in order to promote its
most appropriate use; to facilitate the adequate and economical provision
of streets, utilities and public spaces; and to preserve the natural
and scenic qualities of open areas.
(2)
This development district is intended to permit
diversification in the location of structures and uses and improve
circulation facilities and other site qualities while ensuring adequate
standards relating to public health, safety and welfare and convenience
both in the use and occupancy of buildings and facilities.
B.
Procedure. The owner or owners or lessees of tracts
of land consisting of five acres or more in the Former Grade 5 School
Planned Unit Development Overlay District may submit to the Planning
Board a request for a Special Permit to allow for a plan of development
and use of such tracts meeting the requirements set forth below:
(1)
The Planning Board shall be the special permit granting authority and shall follow the procedures for issuing special permits as provided for in § 240-125C herein, specifically substituting the words "Planning Board" for the words "Zoning Board of Appeals."
(2)
Lot area and lot frontage requirements may be
reduced, provided the overall density is not reduced, and yard requirements
need only be applied in relationship to the tract boundaries.
(3)
Bulk regulations shall be as follows:
|
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
|
|
FG-5 PUD
|
43,560
|
20
|
--
|
50
|
50
|
50
|
38
|
501
|
|
Notes:
| |
|
1
|
Less any required setback.
|
(4)
More than one building is permitted on tracts
held by one owner or in common ownership.
(5)
A site plan in accordance with the Town of Barnstable
site plan review regulations[1] 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 is required.
(6)
A copy of any deed restrictions intended to
be recorded shall be submitted.
C.
Permitted uses with issuance of special permit for
planned unit development. The permitted uses shall include: residential
uses such as garden apartments, townhouses, multifamily housing; office
uses such as medical and professional offices; assisted-living developments;
museum uses; recreational uses; open space uses; private educational
uses; higher educational uses; and mixed-use developments incorporating
any of the above, including food service as an accessory use to the
principal uses listed above.
D.
Standards for reviewing and approving planned unit
developments. Before any action on any of the plans for a planned
unit development, a site plan and any supplemental plans shall be
submitted to the Planning Board for study and review. The Planning
Board shall report its recommendations for approval or disapproval,
together with the reasons therefor and any additional requirements,
within 20 days of receipt of a site plan. Reasonable requirements
may be recommended by the Planning Board for the protection of adjoining
residential property. The Planning Board shall approve the planned
unit development only if it finds that the planned unit development
satisfies all of the following standards:
(1)
General standards.
(a)
The planned unit development shall be consistent
with the Town of Barnstable Comprehensive Plan.
(b)
The planned unit development shall provide for
an effective and unified treatment of the development possibilities
on the project site making appropriate provision for the preservation
of scenic features and amenities of the site and the surrounding areas.
(c)
The planned unit development shall be planned
and developed to harmonize with any existing or proposed development
in the area surrounding the site.
(2)
Design standards.
(a)
All buildings in the layout and design shall
be an integral part of the development and have convenient access
to and from adjacent uses.
(b)
Individual buildings shall be related to each
other in design, masses, materials, placement and connections to provide
a visually and physically integrated development.
(c)
Treatment of the sides and rear of all buildings
within the planned unit development shall be comparable in amenity
and appearance to the treatment given to street frontages of these
same buildings.
(d)
The design of buildings and the parking facilities
shall take advantage of the topography of the project site where appropriate,
to provide separate levels of access.
(e)
All buildings shall be arranged as to avoid
undue exposure to concentrated loading or parking facilities wherever
possible and shall be so oriented as to preserve visual and audible
privacy between adjacent buildings.
(f)
All buildings shall be arranged as to be accessible
to emergency vehicles.
(3)
Landscape design standards.
(a)
Landscape treatment for plazas, roads, paths,
service and parking areas shall be designed as an integral part of
a coordinated landscape design.
(b)
Primary landscape treatment shall consist of
shrubs, ground cover, and street trees, and shall combine with appropriate
walks and street surfaces to provide an attractive development pattern.
Landscape materials selected should be appropriate to the growing
conditions of the Town of Barnstable's environment.
(4)
Circulation system design standards.
(a)
There shall be an adequate, safe and convenient
arrangement of pedestrian circulation facilities, roadways, driveways,
off-street parking and loading space.
(b)
Road, pedestrian walks and open space shall
be designed as an integral part of an overall site design. They shall
be properly related to existing and proposed buildings, and appropriately
landscaped.
(c)
There shall be an adequate amount, in a suitable
location, of pedestrian walks and landscaped spaces to discourage
pedestrian use of vehicular ways and parking spaces and to separate
pedestrian walks and public transportation loading places from general
vehicular circulation facilities.
(d)
Buildings and vehicular circulation open spaces
shall be arranged so that pedestrians moving between buildings are
not unnecessarily exposed to vehicular traffic.
(e)
Landscaped, paved and comfortably graded pedestrian
walks shall be provided along the lines of the most intense use, particularly
from building entrances to street, parking areas and adjacent buildings.
(f)
The location and design of pedestrian walks
should emphasize desirable views of new and existing development in
the area.
(g)
Encourage the maximum separation of private
automobiles and service vehicles through the use of separate service
lanes.
(h)
Materials and design of paving, lighting fixtures,
retaining walls, fences, curbs, benches, etc., shall be of good appearance,
easily maintained, and indicative of their function.
(5)
Parking and loading design standards.
(a)
Parking facilities shall be landscaped and screened
from public view to the extent necessary to eliminate unsightliness
and monotony of parked cars.
(b)
Parking facilities shall be designed with careful
regard to orderly arrangement, topography, landscaping and ease of
access, and shall be developed as an integral part of an overall site
design.
(c)
Any above-grade loading facility should be screened
from public view to the extent necessary to eliminate unsightliness.
(d)
Outdoor storage shall not be permitted.
