This chapter shall be known and may be referred
to as the "Zoning Ordinance of the Town of Barnstable, Massachusetts."
The purpose of this chapter is to promote the
health, safety, convenience, morals and general welfare of the inhabitants
of the Town of Barnstable, to protect and conserve the value of the
property within the Town, to increase the amenities of the Town, and
to secure safety from seasonal or periodic flooding, fire, congestion
or confusion, all in accord with the General Laws, Chapter 40A, as
amended. For this purpose, the height, number of stories, size of
buildings and structures, size and width of lots, the percentage of
lot that may be occupied, the size of yards, courts and other open
spaces, the density of population and the location and use of buildings,
structures and land for trade, marine business, industry, agriculture,
residence or other purposes are regulated within the Town of Barnstable
as hereinafter provided.
The provisions of this chapter shall be held
to be the minimum requirements for the promotion of the purposes herein
stated, and shall be interpreted and applied in accordance with the
following:
A. Overlapping/contradictory regulations. Except as otherwise
provided herein, this chapter shall not interfere with or annul any
other ordinance, rule, regulation or permit, provided that, unless
specifically excepted, where this chapter is more stringent, it shall
control.
B. Cumulative provisions. The provisions of this chapter
shall be construed as a continuation thereof and not as new enactments.
The provisions of this chapter 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.