Authority. This article is adopted under the authority of the
Home Rule Amendment, Article 89 of the Constitution of the Commonwealth,
and the Cape Cod Commission Act, Chapter 716 of the Acts of 1989.
As used in the CVD, the following terms shall have the meanings
indicated:
APARTMENT
One or more rooms with private bath and kitchen facilities
comprising an independent self-contained dwelling unit located in
a building containing two or more such rooms or suites or located
in a building devoted primarily to nonresidential use or in a mixed-use
building.
BED-AND-BREAKFAST
Tourist and guest accommodations located within an owner-occupied,
single-family residential dwelling unit, let for compensation for
brief periods of time, customarily less than two weeks long, without
cooking facilities accessible to the guests; or the temporary abode
of visitors who have a permanent residence elsewhere.
BUILDING HEIGHT
The vertical distance between the grade and the highest point
of a gable, hip or gambrel roof; the highest point of the coping of
a flat roof.
GRADE
The referenced plane of the average of all finished ground
level adjoining the building or structure for a distance of six feet
from all exterior walls.
HALF STORY
That space above the plate line but below the ridgeline in
an area commonly called the "attic space," provided that the gross
floor area of the half story shall not exceed 66% of the gross floor
area immediately below the half story.
ICE CREAM SPECIALTY RETAIL USE
An establishment specializing in the retail sale of ice cream
for consumption on or off site or carry-out consumption that may include
a seating area for food service use as an accessory use to the ice
cream specialty retail or an ice cream retail use in existence at
the time of the adoption of this section. Accessory food service use
may sell and serve by wait staff a variety of foods that may be prepared
on site. Ice cream specialty retail and any accessory food service
use is subject to formula business limitations as described herein.
Ice cream specialty retail may include on-site ice cream product preparation
for wholesale sales; provided, however, in no case shall wholesale
sales of ice cream product for use off-site become the principal use;
truck distribution and delivery activity necessary to the wholesale
sale of ice cream product for off-site use shall not create additional
congestion; and the use shall not generate noise that violates Town
ordinances, or detract from the established character within the CVD.
IMPERVIOUS SURFACE
A surface which prevents the penetration of precipitation
or other liquids into the ground, including roofs, concrete, asphalt,
natural stone, sidewalks, etc. Any area designed for vehicle use or
vehicle parking covered with porous pavers may become impervious over
time and may, at the discretion of the Building Commissioner, be considered
impervious surface.
INN
A commercial structure used for overnight lodging accessed
through interior hallways which may include the provision of meals
and incidental related services to lodgers or a motel or motor inn
use in existence at the time of the adoption of this section.
LIBRARY
A building or room that houses a collection of books, records,
literary documents or other reference materials for borrowing, reading,
study, education or reference and which is owned or operated by a
nonprofit educational corporation.
MIXED-USE DEVELOPMENT
Development including at least one residential unit and at
least one nonresidential use on a single lot or several nonresidential
uses on a single lot.
NONPROFIT EDUCATIONAL USE
An educational use conducted by a not-for-profit corporation
whose articles of incorporation permit it to engage in educational
activities and "educational purposes" as its principal permitted use
within the meaning of MGL c. 40A, § 3, including but not
limited to libraries and museums.
RELIGIOUS INSTITUTION
An institution engaged in "religious purposes" within the
meaning of MGL c. 40A, § 3.
SETBACK
The required distance between every structure and lot line
of the lot on which it is located.
SMALL-SCALE FOOD SERVICE
An establishment where food is served to customers by wait
staff. Small-scale food service does not include restaurants designed
to serve a large volume of customers. Small-scale food service is
subject to formula business limitations as described herein. These
uses are intended to increase pedestrian traffic.
SMALL-SCALE RETAIL
Small stores and businesses, including, but not limited to,
corner groceries, artist space, bookstore, galleries and other small
retail uses typically found in small New England towns. Small-scale
retail does not include retail or commercial buildings or storage
designed to serve a large volume of customers, e.g. gasoline and oil
filling stations, garages for automotive or machine repair. Small-scale
retail is subject to formula business limitations as described herein.
These uses are intended to increase pedestrian activity.
STORY
That portion of a building included between the upper surface
of a floor and the upper surface of the floor or roof next above and
having at least 1/2 its height above grade.
STRUCTURE
Anything constructed or erected on the ground or which is
attached to something located on the ground. Structures include buildings,
sheds, swimming pools and towers, but shall exclude fences of six
feet or less in height, flagpoles and retaining walls.
UPLAND
All lands not defined herein as wetlands.
WETLANDS
The land under the ocean or under any bay, lake, pond, river,
stream, creek or estuary; any wet meadows, marshes, swamps, bogs,
areas where high groundwater, flowing or standing surface water or
ice provide a significant part of the supporting substrata for a plant
community for at least five months of the year, lowland subject to
any tidal action or annual storm flooding or flowage, or any flat,
beach, dune or other shifting sand formation.
The following principal and accessory uses are permitted in
the Centerville Village District subject to the use limitations outlined
below. Other uses of an appropriate scale and function may also be
considered subject to a regulatory agreement and are subject to the
use limitations outlined below. Municipal uses are exempt from these
regulations.
A. Use limitations. Permitted retail establishment, lodging establishment,
restaurant, or take-out food franchise 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 is it to be substantially identical to more than
14 other businesses regardless of ownership or location. Drive-up
windows and/or drive-through facilities are prohibited.
B. Principal uses.
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*Ice cream specialty retail
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*Mixed-use development
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*Professional or business office
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Single-family residence
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*Small-scale food service
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*Small-scale retail
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*Bed-and-breakfast
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*Inn
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*Subject to use limitations as described in § 240-130.3A.
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C. Accessory uses.
(1)
Automated banking facilities (ATM) within a principal building
or a walk-up facility located in a rear or side yard that also meets
landscaping and lighting guidelines of this section.
(2)
Garages accessory to a single-family residence. Such structures
shall be located in the rear or side yard. The footprint of the garage
shall not exceed 40% of the footprint of the single-family residence
and may consist of 1 1/2 stories with a pitched roof unless otherwise
permitted for residential use.
D. Exempt uses.
(1)
Religious institutions, accessory day-care centers, and nonprofit educational uses are permitted as exempt uses within the CVD. These uses shall, however, be subject to and in conformance with the reasonable bulk, density, design and development regulations of the CVD as set forth in §
240-130.1A, Purposes and intent, §
240-130.6, Dimensional, bulk and other requirements, §
240-130.7, Design guidelines, and §
240-130.8, Site development standards.
(2)
Where the exempt use does not comply with said regulations,
the Zoning Board of Appeals shall, by modification permit, modify
said regulations if compliance with the regulation substantially diminishes
or detracts from the usefulness of a proposed development or impairs
the character of the development so as to affect its intended use;
provided, however, that the relief granted will not create a public
safety hazard along adjacent roadways and will not create a nuisance
to other surrounding properties.
(3)
A modification permit shall be subject to the same procedural
requirements as a special permit except that approval of a modification
permit shall require a simple majority of the members of the Board.
All new development and redevelopment and change of use except as set forth in §
240-130 within the CVD with the exception of single-family residences shall be subject to the provisions of Article
IX, Site Plan Review, §§
240-98 through
240-105.
A. Access management. To ensure traffic safety, pedestrian safety and
maintain traffic flow, the following standards for new access shall
apply in the CVD:
(1)
New access on South Main Street and Main Street:
(a)
Shall only be allowed where the Building Commissioner determines
that the access will improve internal circulation or address safety
at existing access.
(b)
Interconnections between lots and uses are encouraged to prevent
unsafe turning conflicts and increase pedestrian safety.
(c)
New driveways on South Main Street and Main Street within 200
feet of any intersection shall not be permitted unless the Town Engineer
determines that the proposed driveway location will not create new
traffic safety hazards or increase traffic congestion.
(2)
New access shall not be more than 24 feet in width unless the
Building Commissioner or site plan review determines that a wider
width is necessary for safety purposes.
B. Parking spaces, computation.
(1)
The parking standards contained within the Schedule of Off-Street Parking Requirements, §
240-56 of the Barnstable Zoning Ordinance, shall establish the minimum parking requirements, with the following exceptions:
(a)
The use of shared parking for different uses having different peak hours of demand will be considered in evaluating compliance with §
240-56. A signed lease agreement or recorded easement between relevant parties sharing parking must be provided as part of the site plan approval.
(b)
A permitted use can be changed to another permitted use, and any permitted or accessory use can be intensified, without increasing the required off-street parking requirements of §
240-56, Schedule of Off-Street Parking Requirements, provided that:
[1] There is no increase in gross square footage of
the building; and
[2] There is no reduction in existing parking spaces required pursuant to §
240-56; and
[3] 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.
(2)
Parking spaces shall be provided for new and/or expanded building
area, and for new and/or expanded outdoor uses, as follows:
(a)
Parking space requirements for residential mixed use shall be subject to §
240-130.8B(1) above; and for the residential units parking, the parking requirement shall be one parking space per bedroom for one- and two-bedroom units or a total of two parking spaces for units with two or more bedrooms.
(b)
Parking space requirements for nonresidential uses shall be subject to §
240-130.8B(1) above.
(3)
Reduction of required parking spaces may be allowed, provided
the Building Commissioner, who may waive up to two spaces, or if parking
is proposed to be reduced by more than two (2) spaces the Zoning Board
of Appeals must find that:
(a)
Adequate shared parking is available consistent with Subsection
A(1) above; or
(b)
There are other factors that support the reduction.
C. Landscaping. All applications for new nonresidential development
and redevelopment shall be accompanied by a landscape plan that shows
the location within the development of each species of trees, shrubs
and/or other plantings, their suitability for the conditions at the
proposed location and their size at maturity.
(1)
Those portions of the front yard not occupied by pedestrian
amenities and public spaces shall be landscaped.
(2)
Existing trees and other features of the land shall be protected
in the development or redevelopment of the site.
(3)
Landscape materials shall be used that, at full growth, will
not overwhelm the site location or interfere with views or pedestrian
activity over time.
(4)
Landscaping plan will adequately provide street trees and will
buffer parking areas from sidewalks and streets.
D. Lighting.
(1)
All exterior lighting shall use full cutoff light fixtures in
which no more than 2.5% of the total output is emitted at 90°
from the vertical pole or building wall on which it is mounted.
(2)
Flood, area and up lighting shall not cast glare onto neighboring
properties or oncoming traffic.
[Adopted 1-19-2011 by Ord. No. 11-01 of the Barnstable County
Assembly of Delegates pursuant to Ch. 716 of the Acts of 1989 (Cape
Cod Commission Act)]
Sections
240-131 through
240-131.8 are adopted under the local authority of the Town of Barnstable and the Cape Cod Commission Act, Chapter 716 of the Acts of 1989.
[Adopted 1-19-2011 by Ord. No. 11-01 of the Barnstable County
Assembly of Delegates pursuant to Ch. 716 of the Acts of 1989 (Cape
Cod Commission Act)]
A. The purpose and intent of §§
240-131 through
240-131.8 are to guide development in the Craigville Beach District pursuant to the Guidelines of Barnstable County Ordinance 09-10 to ensure that development and redevelopment:
(1)
Contributes to and respects the character and historic development
patterns of the area and minimizes inconsistent development and redevelopment
impacts to the historic and community character resources in this
area;
(2)
Protects and preserves scenic views and vistas and ways to the
water;
(3)
Protects and improves natural resources, including but not limited
to the barrier beach and groundwater and coastal water quality and
minimizes development and redevelopment impacts to the natural resources
and ecosystems in this district;
(4)
Protects human life and property from the hazards of periodic
flooding;
(5)
Preserves the natural flood control characteristics and the
flood control function of the floodplain;
(6)
Preserves and maintains the groundwater table and water recharge
areas within the floodplain. As the entire complex of coastal wetland
resources moves landward due to relative sea level rise, the Craigville
Beach area's coastal floodplains immediately landward of salt marshes,
coastal beaches, barrier beaches, coastal dunes, and coastal banks
require special protection.
[Adopted 1-19-2011 by Ord. No. 11-01 of the Barnstable County
Assembly of Delegates pursuant to Ch. 716 of the Acts of 1989 (Cape
Cod Commission Act)]
A. The provisions of §§
240-131 through
240-131.8 shall apply within the Craigville Beach District (CBD), as shown on the Zoning Map of the Town of Barnstable, as amended in Section 1 above.
B. Neighborhood Overlays. For the purpose of §§
240-131 through
240-131.8, the Craigville Beach District is divided into the following Neighborhood Overlay areas, as shown on the Zoning Map and identified as:
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LBSB
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Long Beach/Short Beach
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CB
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Craigville Beach
|
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CRNB
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Centerville River North Bank
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CV
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Craigville Village
|
[Adopted 1-19-2011 by Ord. No. 11-01 of the Barnstable County
Assembly of Delegates pursuant to Ch. 716 of the Acts of 1989 (Cape
Cod Commission Act)]
ACCESSORY USE OR BUILDING
A use or structure which is customarily incidental to and
subordinate in area, extent, and purpose to that of the principal
use or structure.
BASE FLOOD ELEVATION (BFE)
The elevation shown on the Flood Insurance Rate Map (FIRM)
that indicates the water surface elevation resulting from a flood
that has a one-percent chance of equaling or exceeding that level
in any given year.
BEACH CLUB
A membership establishment legally in existence at the time of the adoption of §§
240-131 through
240-131.8, not open to the general public, located in close proximity to a beach and providing recreational and social activities, including food service, to members.
BUILDING COVERAGE
The percentage of a lot covered by principal and accessory buildings or structures. For the purposes of §§
240-131 through
240-131.8, this definition does not include uncovered swimming pools and tennis courts, and decks not exceeding 100 square feet or 10 feet in length.
BUILDING HEIGHT
The vertical distance from the grade plane to the highest
point of a gable, hip or gambrel roof and the highest point of the
coping of a flat roof. These height limitations shall not apply to
chimneys, cupolas, flagpoles or other similar appurtenances as approved
by the Building Commissioner.
COASTAL BANK
The first significant break in slope beyond the one-hundred-year storm elevation on a seaward face or elevated landform, other than a coastal dune, which lies at the landward edge of a coastal beach, land subject to tidal action, or other coastal wetland. The slope of the bank must be greater than 18% and serve to contain storm flowage, rather than being inundated by it, or function as a sediment source. (See Barnstable Code, Wetlands Protection, §
237-5.)
COMMON DRIVEWAY
A form of access which is not a street but extends from a
street and provides common vehicular access to more than one lot.
For the purposes of calculating lot coverage, the common driveway's
impervious surfaces shall be equally allocated among the lots served
and/or benefited by the common driveway in proportion to the sizes
of the lots.
CONFERENCE CENTER
A nonprofit religious and educational use legally in existence at the time of the adoption of §§
240-131 through
240-131.8, comprised of guest houses and cottages, single-family residences, recreational areas, lodging for guests, meeting spaces, and summer recreational opportunities.
COTTAGE COLONY
A group of three or more detached dwellings, under one ownership, legally in existence at the time of the adoption of §§
240-131 through
240-131.8, located on a single lot, which are customarily rented out to the transient public by day, week, month, or season and occupied on a seasonal basis only. Cottage colonies shall not be used year round. Cottage colony structures shall not exceed 1 1/2 stories and 800 square feet of gross floor area.
DEMOLITION, VOLUNTARY
Destruction of 20% or more of the exterior walls of a building
or the destruction of more than 50% of the roof structure of a building,
not including like-for-like replacement of the roof structure.
ELEVATED STRUCTURE
A structure elevated for the purpose of Barnstable Code, §
240-34, Floodplain District, whose lowest structural member is one foot above BFE in A Zones and two feet above BFE in V Zones.
[Amended 5-22-2014 by Order No. 2014-126]
FEMA
Federal Emergency Management Agency.
FEMA FLOOD ZONES
Geographic areas susceptible to inundation by water that
FEMA has mapped according to varying levels of flood risk, as defined
and delineated on a community's Flood Insurance Rate Map, as may be
amended from time to time.
FIRM
Flood Insurance Rate Map.
GRADE
The referenced plane as of November 6, 2009, representing
the ground elevation adjoining the proposed building at all exterior
walls. Where the ground level slopes away from the exterior walls,
the reference plane shall be established by the lowest points within
the area between the building and a point six feet from the building,
or between the building and the lot line, whichever point is closer.
Retaining walls for mounded septic systems mandated by the Board of
Health are not included in the calculation of grade.
GROSS FLOOR AREA
The sum of all floor areas within a building or structure,
measured from the perimeter of the outside walls of the building under
consideration, without deduction for hallways, stairs, closets, thickness
of walls, columns, or other features. It shall include all areas capable
of being used for human occupancy, including all basement floor areas,
mezzanine and attic space and enclosed porches.
HALF STORY
That space above the plate line but below the ridgeline in
an area commonly called the "attic space," provided that the gross
floor area of the half story shall not exceed 66% of the gross floor
area immediately below the half story.
IMPERVIOUS SURFACE
A surface which prevents the penetration of precipitation
or other liquids into the ground, including roofs, concrete, asphalt,
sidewalks, etc. Any area designed for vehicle use or vehicle parking
covered with porous pavers, which may become impervious over time
may, at the discretion of the Building Commissioner, be considered
impervious surface.
LOT AREA
For the purpose of determining maximum building coverage
and maximum lot coverage allowances, the lot area for legally created
lots that are vacant or developed and/or improved as of November 6,
2009, shall be the horizontal area of the lot defined by metes and
bounds. All of the lot area used for zoning compliance shall be land
other than that under water nine months or more in a normal year.
LOT COVERAGE
The percentage of a lot covered by impervious surfaces. For the purposes of §§
240-131 through
240-131.8, paved driveways and parking areas, principal and accessory structures, and other on-site amenities that render any portion of a lot impervious shall be included in the calculation of lot coverage.
NONPROFIT EDUCATIONAL USE
An educational use conducted by a not-for-profit corporation
whose articles of incorporation permit it to engage in educational
activities and educational purposes as its principal permitted use
within the meaning of MGL c. 40A, § 3, including but not
limited to libraries and museums.
OPEN FOUNDATION
A pile or column foundation designed for structures in flood
zones that minimizes the foundation area subject to lateral flood
loads. Open foundations are intended to prevent flotation, collapse,
and lateral movement of a building during a flood event.
RELIGIOUS INSTITUTION
An institution engaged in religious purposes within the meaning
of MGL c. 40A, § 3.
SEASONAL USE
A use carried on for only a part of the year. Typical seasonal
uses are outdoor recreational activities such as swimming and boating,
both motorized and nonmotorized; impermanent use of cottages, motels,
hotels, letting of rooms in a residential structure and letting an
entire residential structure.
SEASONAL USE STRUCTURE
Any structure designed or used as temporary seasonal living
quarters that is not used as a primary, permanent residence. Seasonal
use structures may have heat and other amenities but do not deposit
wastewater into wastewater treatment systems on a regular year-round
basis and do not withdraw water for consumption or other activities
on a regular year-round basis.
SMALL-SCALE FOOD SERVICE
An establishment legally in existence at the time of the adoption of §§
240-131 through
240-131.8, 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 formula business limitations as described herein. These uses are intended to increase pedestrian activity.
STORY
The vertical distance from top to top of two successive tiers
of beams or finished floor surfaces; and, for the topmost story, from
the top of the floor finish to the top of the ceiling joists or, where
there is not a ceiling, to the top of the roof rafters.
STRUCTURE
Anything constructed or erected on the ground or which is
attached to something located on the ground. Structures include buildings,
sheds, swimming pools and towers, but shall exclude fences of six
feet or less in height and flagpoles.
UPLAND
All lands not defined herein as wetlands.
V (VELOCITY) ZONE
The area extending from mean low water to the inland limit
one-hundred-year floodplain supporting waves greater than three feet
in height. V-zones are mapped on the FEMA FIRM.
WETLAND
The land under the ocean or under any bay, lake, pond, river,
stream, creek or estuary; any wet meadows, marshes, swamps, bogs,
areas where high groundwater, flowing or standing surface water or
ice provide a significant part of the supporting substrata for a plant
community for at least five months of the year, lowland subject to
any tidal action or annual storm flooding or flowage, or any flat,
beach, dune, or other shifting sand formation.
[Adopted 1-19-2011 by Ord. No. 11-01 of the Barnstable County
Assembly of Delegates pursuant to Ch. 716 of the Acts of 1989 (Cape
Cod Commission Act)]
Municipal uses are exempt from these regulations. For principal permitted uses, see §
240-131.7 (Neighborhood Overlay regulations) herein.
A. Use limitations.
(1)
Any use not expressly allowed herein is prohibited.
(2)
The conversion of any building or structure from seasonal use
to year-round use is prohibited, except that single-family residences
are not subject to this use limitation. The conversion of a building,
or buildings, constituting a cottage colony, hotel, inn or rooming
house, or of a facility required to be licensed as a recreational
camp, overnight camp or cabin, or motel under MGL c. 140, §§ 32A
to 32I, to condominium-type ownership, shall be deemed to be a change
in use from seasonal to year-round use and is prohibited.
(3)
Permitted business and retail uses 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 14
other businesses regardless of ownership or location. Drive-up windows
and/or drive-through facilities are prohibited.
B. Exempt uses.
(1)
Religious institutions, accessory day-care centers, and nonprofit educational uses are permitted as exempt uses within the Craigville Beach District. These uses shall, however, be subject to and in conformance with the reasonable bulk, density, design and development regulations of the Craigville Beach District as set forth in §
240-131.1, Purposes and intent, §
240-131.5, Dimensional, bulk and other regulations, §
240-131.7, Neighborhood Overlay regulations, including general performance standards and applicable neighborhood performance standards.
(2)
Where the exempt use does not comply with said regulations,
the Zoning Board of Appeals shall, by modification permit, modify
said regulations if compliance with the regulation substantially diminishes
or detracts from the usefulness of a proposed development or impairs
the character of the development so as to affect its intended use;
provided, however, that the relief granted will not create a public
safety hazard along adjacent roadways and will not adversely impact
natural resources or create a nuisance or adverse impacts to other
surrounding properties. A modification permit shall be subject to
the same procedural requirements as a special permit, except that
approval of a modification permit shall require a simple majority
of the members of the Board.
C. Continuation. Any lawfully established lot, structure or use existing at the time of the adoption of §§
240-131 through
240-131.8 that does not conform to the provisions of the CBD shall be allowed to continue.
D. Change, expansion or alteration of uses and structures. Changes,
expansions, or alterations of existing conforming or nonconforming
uses and structures lawfully existing are permitted subject to the
following:
(1)
As of right.
(a)
The normal and customary repair and maintenance of a building
or structure and the conversion of existing floor area to habitable
space consistent with Board of Health and other regulations is permitted
as of right.
(b)
The alteration and expansion of a building or structure is permitted
as of right, provided that the alteration or expansion shall conform
to following criteria:
[2] Does not exceed the coverage limitations set forth in §
240-131.6.
[3] Complies with applicable general and neighborhood
performance standards.
(2)
By special permit.
(a)
The alteration or expansion of an existing conforming or nonconforming lawfully established building or structure in lawful existence at the time of adoption of §§
240-131 through
240-131.8 that does not qualify under the as-of-right provisions above shall be permitted only by a special permit from the SPGA. In granting such special permit, the SPGA shall find that the proposed alterations and/or expansions:
[1] Are not substantially more detrimental to the environment,
community and/or historic character of the neighborhood than the existing
building or structure.
[2] Comply with §
240-131.1, Purposes and intent, and with the performance standards and design guidelines for the neighborhood overlay area in which the development is located, in accordance with §
240-131.7, Neighborhood District Overlay regulations, with the exception of the dimensional requirements of §
240-131.7D(1).
[3] Do not entail an increase in gross floor area or
footprint for voluntary demolition of a single-family residence.
[4] Do not exceed 25% of the gross floor area of structures
in existence as of July 1, 1989, or do not exceed 10% of the gross
floor area of structures in existence as of November 6, 2009.
[5] Do not increase lot coverage over what is allowed under §
240-131.6, Coverage limitations, or by more than 10% over what was existing on November 6, 2009, whichever is greater.
[6] Do not increase flood hazards in the neighborhood.
[7] Maintain or enhance views to Nantucket Sound and/or the Centerville River where applicable in accordance with §
240-131.5, Note 4.
[8] In V Zones, do not increase south-facing building
surfaces so as to limit the adverse effect of increasing elevation
or velocity of floodwaters due to a change in flowage characteristics
on the subject site, adjacent properties, or any public or private
way.
E. Special permit for dimensional relief. The SPGA may provide relief
from minimum yard setbacks when such relief ensures that the proposed
development:
(2)
Is consistent with the performance standards for the neighborhood district where the development is located in accordance with §
240-131.7, Neighborhood Overlay regulations; and
(3)
The applicant demonstrates undue hardship without desired relief.
F. Reestablishment of damaged or destroyed use, building or structure.
(1)
The reestablishment of a lawfully established conforming or
nonconforming use and/or building or structure which has been destroyed
or damaged by fire, acts of nature or other catastrophe shall be permitted
as of right, provided that the Building Commissioner has determined
that all the following conditions are met:
(a)
The reconstruction or repair will not materially increase the
gross floor area or height of the building or structure beyond that
which previously existed, nor materially increase the footprint of
the structure; or materially change the grade other than grades required
for installation or upgrade of on-site septic systems; except that
buildings in the floodplain that existed prior to November 6, 2009,
may be elevated two feet above BFE or as required by the applicable
law regardless of the resulting building height, provided that the
building complied with building height regulations at the time of
its construction.
(b)
If the building's location on the lot is to be changed, it will
change in a manner that will be closer to complying with the dimensional
and bulk regulations and with performance standards regarding building
orientation.
(c)
The reconstruction or repair will not constitute an expansion
or intensification of any use.
(d)
In the case of any use in which it would otherwise be required,
the site plan review process has been followed.
(e)
Design and architecture of damaged or destroyed buildings and
structures in existence at the time of the adoption of this regulation
may be replicated. If the Building Commissioner finds that the structure
is to be rebuilt to replicate what existed before the damage or destruction,
the design guidelines in this chapter do not apply. If the structure
is in the floodplain, any design or architectural changes associated
solely with floodproofing the reconstructed structure shall not require
compliance with the design guidelines.
(2)
Any previously established use or structure which no longer
complies with the provisions of the CBD shall be discontinued unless
a building permit has been applied for within two years from the date
of damage or destruction, and construction is continuously pursued
to completion.
G. Voluntary demolition and reconstruction of single-family residences. Lawfully established single-family residences may be demolished and reconstructed in accordance with §
240-131.4F.
[Adopted 1-19-2011 by Ord. No. 11-01 of the Barnstable County
Assembly of Delegates pursuant to Ch. 716 of the Acts of 1989 (Cape
Cod Commission Act)]
The following requirements apply to all development and redevelopment
in the Craigville Beach Zoning District:
A. For all legally created vacant lots, the frontage and area in existence as of November 6, 2009, and/or legally developed lots that were in existence as of November 6, 2009, and conformed to the existing zoning when legally created, the existing lot area, lot frontage, front, side and rear setbacks and building height dimensions may be used in lieu of the following dimensional requirements in §
240-131.5B, except where stated otherwise.
B. Requirements table.
|
|
Neighborhood Overlays
|
---|
|
Requirements
|
Village Craigville
|
Craigville Beach
|
Long Beach/Short Beach
|
Centerville River North Bank
|
---|
|
Minimum lot area (square feet)
|
87,120
|
87,120
|
87,120
|
87,120
|
|
Minimum lot frontage (feet)
|
75
|
100
|
125
|
125
|
|
Minimum Front yard setback (feet)
|
15
|
20
|
20
|
20
|
|
Minimum Side yard setback (feet)
|
10
|
15
|
154
|
15
|
|
Minimum Rear yard setback (feet)
|
10
|
15
|
15
|
15
|
|
Maximum building height1,2,3
|
30
|
26
|
30
|
30
|
|
Maximum number of stories3
|
2
|
2
|
2
|
2
|
|
Maximum building coverage
|
|
|
Maximum lot coverage
|
|
|
Dimensional Table Notes:
|
|
1 Maximum building height allowances
vary depending upon the roof pitch of the structure, with gable roofs
having a slope of 7/12 or greater allowed the maximum building height;
hip and other sloped roofs with a slope of 4/12 or greater are allowed
five feet less than the maximum building height; and flat roofs prohibited
except on one-story additions totaling less than 300 square feet per
parcel. For the purposes of determining building height, no more than
50% of the roof slope used in the calculation may be altered by dormers
and other roof changes.
|
|
2 Buildings in the floodplain that
existed prior to November 6, 2009, may be elevated two feet above
BFE or as required by the applicable law, provided that the building
complied with building height regulations at the time of its construction.
|
|
3 The second story must be set back
at least two feet from the facade line of the floor below on two of
the building's facades, and the second story floor area shall not
exceed 80% area of the floor area immediately below it.
|
|
4 In the Long Beach/Short Beach Neighborhood,
to preserve and enhance views of Craigville Beach and the Centerville
River, a view corridor shall be preserved using 20 feet of either
side setback or, where side yard setbacks are less than 20 feet, the
greater of either side yard setback existing on November 6, 2009.
The view corridor shall remain free of view-obstructing buildings,
structures, site improvements or landscaping other than low-growing
plant material or existing natural vegetation for the entire depth
of the property from the street to the river or beach.
|
[Adopted 1-19-2011 by Ord. No. 11-01 of the Barnstable County
Assembly of Delegates pursuant to Ch. 716 of the Acts of 1989 (Cape
Cod Commission Act)]
The following limitations apply to all development and redevelopment
in the Craigville Beach Zoning District.
Lot Size
(square feet)
|
Maximum Building Coverage (Footprint) Allowance
(square feet)
|
Maximum Lot Coverage Allowance
|
---|
1,300 to 4,999
|
1,100, plus 10.8% of lot area over 1,300
|
50%
|
5,000 to 7,499
|
1,500, plus 6% of lot area over 5,000
|
50%, but no more than 3,200 square feet
|
7,500 to 9,999
|
1,650, plus 6% of lot area over 7,500
|
3,200 square feet
|
10,000 to 14,999
|
1,800, plus 4% of lot area over 10,000
|
3,300 square feet
|
15,000 to 19,999
|
2,000, plus 6% of lot area over 15,000
|
3,400 square feet
|
20,000 to 34,999
|
2,300, plus 4% of lot area over 20,000
|
3,600 square feet
|
35,000 to 44,999
|
2,900, plus 4% of lot area over 35,000
|
3,600 square feet or 10%, whichever is greater
|
45,000 and above
|
3,300, plus 3% of lot area over 45,000
|
10%
|
[Adopted 1-19-2011 by Ord. No. 11-01 of the Barnstable County
Assembly of Delegates pursuant to Ch. 716 of the Acts of 1989 (Cape
Cod Commission Act)]
A. Purpose. The Neighborhood Overlay regulations establish uses, dimensional
requirements and design guidelines to preserve the distinctive character;
allow continued use and enjoyment of properties and structures; make
provisions for changes and expansions; protect and preserve scenic
views and vistas; protect and improve natural resources; and limit
damage from periodic flood events for each neighborhood within the
Craigville Beach District.
B. Historic and community character. These regulations will ensure that
development and redevelopment in the CBD contribute to and do not
detract from the historic character of the Craigville Beach area;
that any proposed additions to historic structures shall be consistent
with the historic structure and shall be consistent with the character
of the surrounding neighborhood, including elements such as building
height, mass and orientation; and preserve views and ways to the water
from public spaces, streets and ways.
C. Applicability. Development and redevelopment shall be subject to
the following additional requirements and regulations based upon the
applicable Neighborhood Overlay.
D. General performance standards.
(1)
The development complies with the setbacks and lot coverage requirements set forth herein, and is in character with surrounding structures, particularly structures that predate it unless relief has been granted by the SPGA in accordance with §
240-131.4D and
E.
(2)
The development complies with the height limitations set forth
herein.
(3)
Exposed foundation walls for raised septic systems and/or elevated
structures are prohibited; foundation walls shall be screened through
the use of foundation plantings and/or the use of other natural materials.
(4)
Stormwater management and erosion control for nonresidential
uses comply with best management practices through low-impact development
or other adaptive management practice.
(5)
Up to 50 square feet of roof deck may be allowed atop the first
or second floor of a structure if the railing and support structure
for the roof deck are constructed fully below the tallest part of
the roofline they are contained within.
(6)
All new non-water-dependent development shall be set back at
least 50 feet from the top of the coastal bank resource area. Change,
alteration, or expansion of existing structures shall not be sited
closer to the top of the coastal bank resource area than the existing
development to the maximum extent feasible.
(7)
Existing natural vegetation within the fifty-foot buffer area
to salt marsh and undisturbed buffer areas 50 feet landward of the
mean high-water mark of coastal water bodies shall be preserved to
the maximum extent feasible.
(8)
No direct untreated stormwater discharges shall be permitted
into any coastal waters or wetlands, including discharges above or
below the mean high water level. Stormwater discharge shall be located
and treated the farthest practicable distance from wetlands and water
bodies and shall be located a minimum of 50 feet from wetlands or
water bodies.
E. Long Beach/Short Beach Neighborhood.
(1)
Permitted principal uses: The following principal uses are permitted
in the Long Beach/Short Beach Neighborhood Overlay area subject to
the performance standards listed below.
(2)
Permitted accessory uses: Customary and incidental uses and structures are permitted in the Long Beach/Short Beach Neighborhood Overlay area subject to the use limitations and performance standards listed in §
240-131.7D.
(3)
Neighborhood performance standards. All development and redevelopment
shall meet the following standards:
(a)
No development or redevelopment shall be permitted within V
Zones, except that existing structures may be changed or altered,
provided that there is no increase in gross floor area, footprint,
or intensity of use (including but not limited to increases in wastewater
flow and impervious area) within the V Zone. This provision shall
not be construed to include duly permitted docks and piers.
(b)
New septic systems shall be prohibited in V Zones except to
upgrade existing failed systems where such systems pose a demonstrated
threat to public health, water quality, or natural resources.
(c)
Any activity or development in a V Zone that creates an adverse
effect by increasing elevation or velocity of floodwaters due to a
change in drainage or flowage characteristics on the subject site,
adjacent properties or any public or private way is prohibited. Any
proposed activity shall not result in flood damage due to filling
which causes lateral displacement of floodwaters that, in the judgment
of the SPGA, would otherwise be confined to said area. The burden
of proof for this standard rests with the applicant and shall require
certification by a professional engineer.
(d)
Open foundations shall be designed to accommodate only the height
required to elevate the lowest structural member two feet above the
BFE in V Zones and one foot above BFE in A Zones. For all new construction
and substantial improvements within the V Zones, the space below the
lowest floor must either be free of obstruction or constructed with
nonsupporting breakaway walls, open wood lattice-work, or insect screening
intended to collapse under wind and water loads without causing collapse,
displacement, or other structural damage to the elevated portion of
the building or supporting foundation system.
F. Craigville Beach Neighborhood.
(1)
Permitted principal uses. The following principal uses are permitted
in the Craigville Beach Neighborhood Overlay area subject to the performance
standards listed below.
(b)
Small-scale food service.
(e)
Hotel or motel in existence as of July 16, 2008, that is lawfully
established.
(2)
Permitted accessory uses. Customary and incidental uses and structures are permitted in the Craigville Beach Neighborhood Overlay area subject to the use limitations and performance standards listed in §
240-131.7D.
(3)
Neighborhood performance standards. All development and redevelopment
shall meet the following standards:
(a)
No development or redevelopment shall be permitted within V
Zones, except that existing structures may be changed or altered,
provided there is no increase in gross floor area, footprint, or intensity
of use (including but not limited to increases in wastewater flow
and impervious area) within the V Zone.
(b)
New septic systems shall be prohibited in V Zones except to
upgrade existing failed systems where such systems pose a demonstrated
threat to public health, water quality, or natural resources.
(c)
Any activity or development in a V Zone that creates an adverse
effect by increasing elevation or velocity of floodwaters due to a
change in drainage or flowage characteristics on the subject site,
adjacent properties or any public or private way is prohibited. A
proposed activity shall not result in flood damage due to filling
which causes lateral displacement of floodwaters that, in the judgment
of the SPGA, would otherwise be confined to said area. The burden
of proof for this standard rests with the applicant and shall require
certification by a professional engineer.
(d)
Open foundations shall be designed to accommodate only the height
required to elevate the lowest structural member two feet above the
BFE in V Zones and one foot above BFE in A Zones. For all new construction
and substantial improvements within the V Zones, the space below the
lowest floor must either be free of obstruction or constructed with
nonsupporting breakaway walls, open wood lattice-work, or insect screening
intended to collapse under wind and water loads without causing collapse,
displacement, or other structural damage to the elevated portion of
the building or supporting foundation system.
(4)
Beach club design guidelines.
(a)
Purpose: to maintain public views to the water and to maintain
the neighborhood's existing character with small-scale building masses
and natural or traditional building materials.
(b)
Building height and massing. New construction on beach club
properties shall have modest massings to relate to the small scale
of most structures in the beachfront neighborhood. Any structure with
a footprint of 3,000 square feet or more shall incorporate significant
changes in massing to break up the facade and should integrate one-story
massings into the design to relate the building to the surrounding
smaller structures.
(c)
Building orientation. Buildings shall be oriented with the narrow
end facing the street and the water to maximize public views of the
water across the site. New buildings or complexes should not extend
over more than 150 feet of the lot frontage, and efforts should be
made to limit the expansion of existing buildings.
(d)
Maintaining views to water. Multiple buildings on one lot should
be clustered close together to limit obstructed views of the water,
or shall be separated from each other by 100 feet or more of road
frontage to allow broad unobstructed views across the lot to the water.
(e)
Fences. Fences shall be of open construction and low profile
(such as split rail and low picket fencing) to maintain public views
to the water. Fences over three feet in height should be limited to
screening loading and delivery areas adjacent to buildings, or modest
trash collection areas. Screening fences should not extend farther
than necessary beyond the building footprint to maintain public views.
(f)
Building materials. Exterior building materials shall be those
traditionally used in the region or other naturally weathering materials,
such as wood shingle, wood clapboard, or board and batten siding.
G. Centerville River North Bank Neighborhood.
(1)
Permitted principal uses. The following principal uses are permitted
in the Centerville River North Bank Neighborhood Overlay area subject
to the performance standards listed below:
(2)
Permitted accessory uses. Customary and incidental uses and structures are permitted in the Centerville River North Neighborhood Overlay area subject to the use limitations and performance standards listed in §
240-131.7D.
(3)
Neighborhood performance standards. All development and redevelopment
shall meet the following standards:
(a)
Tree removal or vista pruning shall not interrupt the treeline
as viewed from the south looking northward to the treeline.
(b)
No development or redevelopment shall be permitted within V
Zones, except that existing structures may be changed or altered,
provided that there is no increase in gross floor area, footprint,
or intensity of use (including but not limited to increases in wastewater
flow and impervious area) within the V Zone.
(c)
Any activity or development in a V Zone that creates an adverse
effect by increasing elevation or velocity of floodwaters due to a
change in drainage or flowage characteristics on the subject site,
adjacent properties or any public or private way is prohibited. A
proposed activity shall not result in flood damage due to filling
which causes lateral displacement of floodwaters that, in the judgment
of the SPGA, would otherwise be confined to said area. The burden
of proof for this standard rests with the applicant and shall require
certification by a professional engineer.
(d)
Open foundations shall be designed to accommodate only the height
required to elevate the lowest structural member two feet above the
BFE in V Zones and one foot above BFE in A Zones. For all new construction
and substantial improvements within the V Zones, the space below the
lowest floor must either be free of obstruction or constructed with
nonsupporting breakaway walls, open wood lattice-work, or insect screening
intended to collapse under wind and water loads without causing collapse,
displacement, or other structural damage to the elevated portion of
the building or supporting foundation system.
H. Craigville Village Neighborhood.
(1)
Permitted principal uses. The following principal uses are permitted
in the Craigville Village Neighborhood Overlay area subject to the
performance standards listed below.
(2)
Permitted accessory uses. Customary and incidental uses and structures are permitted in the Craigville Village Neighborhood Overlay area subject to the use limitations and performance standards listed in §
240-131.7D.
(3)
Neighborhood performance standards. All development and redevelopment
shall meet the following design guidelines:
(a)
Purpose. Most buildings in the Craigville Village Neighborhood
date from the late 1800s and early 1900s when the neighborhood developed
as a Christian Camp Meeting Association. The neighborhood is still
defined by its historic structures and their configuration around
a central green, small street grid, and communal paths.
(b)
Objectives.
[1] To preserve the character-defining features of
the original camp meeting neighborhood, including its small lots,
modest-scale structures, and orientation of buildings to public areas.
[2] To ensure that additions and alterations to structures
are compatible with the existing scale and character of the building
and preserve the original massing and unique architectural features
of its historic buildings.
(c)
Application. The design guidelines set forth herein do not apply to structures in existence as of the date of the adoption of §§
240-131 through
240-131.8, but shall apply to all new development, to any additions to existing structures, and to all reconstruction projects except as provided for in §
240-131.4F(1)(e).
(d)
Building design. The guidelines shall apply to construction
of new structures and expansions and alterations of existing structures.
[1] Preserve the original massing of historic structures
(pre-1945).
[2] Additions should be attached to secondary or less
prominent facades of the building (the side or rear facades), and
should be stepped back from the front and rear corners of the building
so as to preserve the original massing of the structure, including
its roof form.
[3] Work with modest massings. Additions should be
scaled to be consistent with or smaller than the size of the original
historic structure, following the neighborhood tradition of expanding
small cottages incrementally with modest additions. Additions should
generally have a lower roofline than the original structure to maintain
the prominence of the original building, though some additions may
be slightly taller than the original structure if attached to the
original structure with a smaller connecting mass.
[4] Roof forms. The roof pitch on new construction
and additions should complement the roof pitch of the original historic
structure and should maintain a pitch of at least six over 12.
[5] Retain original architectural details and unique
forms. Additions should be placed so as to limit the removal of distinctive
architectural trim and features that are unique to the building. Additions
and alterations should not interfere with character-defining features,
such as open porches, steeply pitched roof forms, unique windows,
and carpenter gothic trim along eaves and entries. Siding materials
used on the original structure should be retained, though other regional
siding materials may be appropriate on additions.
[Adopted 1-19-2011 by Ord. No. 11-01 of the Barnstable County
Assembly of Delegates pursuant to Ch. 716 of the Acts of 1989 (Cape
Cod Commission Act)]
A. Other regulations. The following provisions of the Barnstable Code are hereby incorporated into this regulation: §
240-7, Application of district regulations; §
240-9C and
D; §
240-10, Prohibited uses; §
240-34, Floodplain District; §
240-43, Accessory uses; §
240-46A and
B, Home occupations; Article
VI, Off-Street Parking, §§
240-52,
240-53B through
F, as delimited only in the Craigville Beach neighborhood; and sign regulations, §§
240-59 through
240-63; Article
XI, Growth Management, §§
240-110 through
240-122; Article
IX, Site Plan Review; Article
XIII, Administration and Enforcement §§
240-123 and
240-124; and §
240-125C, Special permit provisions, as these provisions of the Barnstable Code cited in this section may be amended from time to time.
[Amended 5-22-2014 by Order No. 2014-126]
B. Conflicts. Unless otherwise stated, the requirements of the Craigville
Beach District shall apply to uses and structures within the Craigville
Beach District. In the event of a conflict, these regulations shall
apply.
C. Severability. The provisions of §§
240-131 through
240-131.8 are severable. If any court of competent jurisdiction shall invalidate any provision herein, such invalidation shall not affect any other provisions of this chapter. If any court of competent jurisdiction shall invalidate the application of any provision of this chapter to a particular case, such invalidation shall not affect the application of said provision to any other case within the Town.