Town of Barnstable, MA Article III District Regulations

§ 240-11 RB, RD-1 and RF-2 Residential Districts.

A. Principal permitted uses. The following uses are permitted in the RB, RD-1 and RF-2 Districts:

(1) Single-family residential dwelling (detached).

B. Accessory uses. The following uses are permitted as accessory uses in the RB, RD-1 and RF-2 Districts:

(1) Renting of rooms for not more than three nonfamily members by the family residing in a single-family dwelling.

[Amended 11-7-1987 by Art. 12]

(2) Keeping, stabling and maintenance of horses subject to the following:

(a) Horses are not kept for economic gain.

(b) A minimum of 21,780 square feet of lot area is provided, except that an additional 10,890 square feet of lot area for each horse in excess of two shall be provided.

(c) All state and local health regulations are complied with.

(d) Adequate fencing is installed and maintained to contain the horses within the property, except that the use of barbed wire is prohibited.

(e) All structures, including riding rings and fences to contain horses, conform to 50% of the setback requirements of the district in which located.

(f) No temporary buildings, tents, trailers or packing crates are used.

(g) The area is landscaped to harmonize with the character of the neighborhood.

(h) The land is maintained so as not to create a nuisance.

(i) No outside artificial lighting is used beyond that normally used in residential districts.

C. Conditional uses. The following uses are permitted as conditional uses in the RB, RD-1 and RF-2 Districts, provided a special permit is first obtained from the Zoning Board of Appeals subject to the provisions of § 240-125C herein and the specific standards for such conditional uses as required in this section:

(1) Renting of rooms to no more than six lodgers in one multiple-unit dwelling.

(2) Public or private regulation golf courses subject to the following:

(a) A minimum length of 1,000 yards is provided for a nine-hole course and 2,000 yards for an eighteen-hole course.

(b) No accessory buildings are located on the premises except those for storage of golf course maintenance equipment and materials, golf carts, a pro shop for the sale of golf related articles, rest rooms, shower facilities and locker rooms.

(3) Keeping, stabling and maintenance of horses in excess of the density provisions of Subsection B(2)(b) herein, either on the same or adjacent lot as the principal building to which such use is accessory.

(4) (Reserved)[1]

[1] Editor's Note: Former Subsection C(4), regarding family apartments, was repealed 11-18-2004 by Order No. 2005-026. See now § 240-47.1.

(5) Windmills and other devices for the conversion of wind energy to electrical or mechanical energy, but only as an accessory use.

(6) Bed-and-breakfast.

[Added 2-20-1997]

(a) Intent: It is the intent of this section to allow bed-and-breakfast operations in larger older homes to provide an adaptive reuse for these structures and, in so doing, encourage the maintenance and enhancement of older buildings which are part of the community character. This use will also create low-intensity accommodations for tourist and visitors and enhance the economic climate of the Town. By requiring that the operation is owner occupied and managed, the Town seeks to ensure that the use will be properly managed and well maintained.

(b) Bed-and-breakfast, subject to the following conditions:

[1] The bed-and-breakfast operation shall be located within an existing, owner-occupied single-family residential dwelling constructed prior to 1970 containing a minimum of four bedrooms as of December 1, 1996.

[2] No more than three bedrooms shall be rented for bed-and-breakfast to a total of six guests at any one time. For the purpose of this section, children under the age of 12 years shall not be considered in the total number of guests.

[3] No cooking facilities including but not limited to stoves, microwave ovens, toaster ovens and hot plates shall be available to guests, and no meals except breakfast shall be served to guests.

[4] The owner of the property shall be responsible for the operation of the property and shall be resident when the bed-and-breakfast is in operation. The owner shall file an affidavit with the Building Commissioner on an annual basis in the month of January stating that the property is the principal residence of the owner and that the owner is resident all times that the bed-and-breakfast is being operated. If the affidavit is not filed, the operation shall cease forthwith and any special permit issued shall be considered null and void. The requirement for filing of an affidavit shall not apply to bed-and-breakfast operations legally established prior to October 1, 1996.

[5] The single-family residence in which the bed-and-breakfast operation is located shall be maintained so that the appearance of the building and grounds remain that of a single-family residence.

[6] If the property is not served by public water, the applicant shall provide evidence to the Zoning Board of Appeals that the proposed use will not have any detrimental impact on any private water supply on site or off site.

[7] No parking shall be located in any required building yard setback, and parking areas shall be screened from adjoining residential properties by a fence or dense plantings, not less than five feet in height. Parking areas may be permitted in front of the house, not within the required building front yard setback, provided that the Zoning Board of Appeals finds that the spaces are designed and located in a manner which retains the residential character of the property. Grass overflow areas may be utilized for parking, provided these are maintained with a grass ground cover in good condition.

[8] The special permit for the bed-and-breakfast conditional use operation shall be issued to the owner only and is not transferable to a subsequent property owner. This provision shall only apply to bed-and-breakfast conditional use operations established in residential districts.

D. Special permit uses. The following uses are permitted as special permit uses in the RB, RD-1 and RF-2 Districts, provided a special permit is first obtained from the Planning Board:

(1) Open space residential developments subject to the provisions of § 240-17 herein.

E. Bulk regulations.

				Minimum Yard Setbacks
Zoning Districts	Minimum Lot Area (square  feet)	Minimum Lot Frontage (feet)	Minimmum Lot Width (feet)	Front (feet)	Side (feet)	Rear (feet)	Maximum Building Height (feet)
RB	43,5602	20	100	203	10	10	301
RD-1	43,5602	20	125	303	10	10	301
RF-2	43,5602	20	150	303	15	15	301

NOTES:
1	Or 2 1/2 stories, whichever is lesser.
2	A minimum lot area of 87,120 square feet is required in RPOD Overlay District. [Added 10-26-2000]
3	One hundred feet along Routes 28 and 132.

§ 240-12 Pond Village (Barnstable) District of Critical Planning Concern (PVDCPC) R-2C [1]

[Added 5-10-2007 by Order No. 2007-101]

A. Principal permitted uses. The following uses are permitted in the R-2C District:

(1) Single-family residential dwelling (detached).

B. Accessory uses. The following uses are permitted as accessory uses in the R-2C District:

(1) Family apartments. (See § 240-47.1.)

(2) Keeping, stabling and maintenance of horses subject to the provisions of § 240-11B(2).

(3) Home occupation. (See § 240-46).

(4) Renting of rooms to not more than three nonfamily members by the family residing in a single-family residence.

(5)

C. Special permit uses. The following uses are permitted as special permit uses in the R-2C District, provided that a special permit is first obtained from the Board.

(1) Keeping, stabling and maintenance of horses in excess of the density provisions of § 240-11B(2)(b) herein, either on the same lot or adjacent lot as the principal building to which such use is accessory.

(2) Windmills and other devices for the conversion of wind energy to electrical or mechanical energy but only as an accessory use. (See § 240-44.1.)

D. Open space residential developments. (See § 240-17.)

(1) Bulk regulations:

(a) Minimum lot area, contiguous upland: 87,120 square feet.

(b) Minimum lot frontage: 20 feet.

(c) Minimum front yard setback: 30 feet.

(d) Minimum side and rear yard setback: 15 feet.

(e) Maximum building height:

[1] Maximum building height in feet: 30.

[2] Maximum building height in stories: 2 1/2.

(2) Grandfathering. Within the R-2C District, any lot that met the minimum lot area and minimum lot frontage requirements of the RF-1 or RF-2 Districts respectively, prior to the effective date of the Pond Village DCPC nomination of August 26, 2005, as specified in the Cape Cod Commission Acceptance Decision dated September 15, 2005, shall not be subject to R-2C minimum lot area.

[1] Editor's Note: Former § 240-12, RB-1 Residential District, as amended, was repealed 7-14-2005 by Order No. 2005-100.

§ 240-13 RC, RD, RF-1 and RG Residential Districts.

A. Principal permitted uses. The following uses are permitted in the RC, RD, RF-1 and RG Districts:

(1) Single-family residential dwelling (detached).

B. Accessory uses. The following uses are permitted as accessory uses in the RC, RD, RF-1 and RG Districts:

(1) Keeping, stabling and maintenance of horses subject to the provisions of § 240-11B(2) herein.

C. Conditional uses. The following uses are permitted as conditional uses in the RC, RD, RF-1 and RG Districts, provided a special permit is first obtained from the Zoning Board of Appeals subject to the provisions of § 240-125C herein and subject to the specific standards for such conditional uses as required in this section:

(1) Public or private regulation golf courses subject to the provisions of § 240-11C(2) herein.

(2) Keeping, stabling and maintenance of horses in excess of the density provisions of § 240-11B(2)(b) herein, either on the same or adjacent lot as the principal building to which such use is accessory.

(3) (Reserved)[1]

[1] Editor's Note: Former Subsection C(4), regarding family apartments, was repealed 11-18-2004 by Order No. 2005-026. See now § 240-47.1.

(4) Windmills and other devices for the conversion of wind energy to electrical or mechanical energy, but only as an accessory use.

D. Special permit uses. The following uses are permitted as special permit uses in the RC, RD, RF-1 and RG Districts, provided a special permit is first obtained from the Planning Board:

(1) Open space residential developments subject to the provisions of § 240-17 herein.

E. Bulk regulations.

				Minimum Yard Setbacks
Zoning Districts	Minimum Lot Area (square feet)	Minimum Lot Frontage (feet)	Minimum Lot Width (feet)	Front (feet)	Side (feet)	Rear (feet)	Maximum Building Height (feet)
RC	43,5602	20	100	203	10	10	301
RD	43,5602	20	125	303	15	15	301
RF-1	43,5602	20	125	303	15	15	301
RG	65,000	20	200	303	15	15	301

NOTES:
1	Or 2 1/2 stories, whichever is lesser.
2	A minimum lot area of 87,120 square feet is required in RPOD Overlay District. [Added 10-26-2000]
3	One hundred feet along Routes 28 and 132.

§ 240-14 RC-1 and RF Residential Districts.

A. Principal permitted uses. The following uses are permitted in the RC-1 and RF Districts:

(1) Single-family residential dwelling (detached).

B. Accessory uses. The following uses are permitted as accessory uses in the RC-1 and RF Districts:

(1) Renting of rooms for not more than three nonfamily members by the family residing in a single-family dwelling.

[Amended 11-7-1987 by Art. 12]

(2) Keeping, stabling and maintenance of horses subject to the provisions of § 240-11B(2) herein.

C. Conditional uses. The following uses are permitted as conditional uses in the RC-1 and RF Districts, provided a special permit is first obtained from the Zoning Board of Appeals subject to the provisions of § 240-125C herein and subject to the specific standards for such conditional uses as required in this section:

[Amended 8-17-1995 by Order No. 95-195]

(1) (Reserved)[1]

[1] Editor's Note: Former Subsection C(1), which pertained to home occupations, was repealed 9-15-2022 by Order No. 2023-011.

(2) Renting of rooms to no more than six lodgers in one multiple-unit dwelling.

(3) Public or private regulation golf courses subject to the provisions of § 240-11C(2) herein.

(4) Keeping, stabling and maintenance of horses in excess of the density provisions of § 240-11B(2)(b) herein, either on the same or adjacent lot as the principal building to which such use is accessory.

(5) (Reserved)[2]

[2] Editor's Note: Former Subsection C(4), regarding family apartments, was repealed11-18-2004 by Order No. 2005-026. See now § 240-47.1.

(6) Windmills and other devices for the conversion of wind energy to electrical or mechanical energy, but only as an accessory use.

(7) Bed-and-breakfast operation subject to the provisions of § 240-11C(6).

[Added 2-20-1997]

D. Special permit uses. The following uses are permitted as special permit uses in the RC-1 and RF Districts, provided a special permit is first obtained from the Planning Board:

(1) Open space residential developments subject to the provisions of § 240-17 herein.

(2) Private initiated affordable housing developments: A private-initiated affordable housing developments (PI-AHD) on seven acres or more, subject to the provisions of § 240-17.1 and in full compliance with the standards set forth therein.

Added 11-18-2004 by Order No. 2004-113]

E. Bulk regulations.

				Minimum Yard Setbacks (feet)
Zoning Districts	Minimum Lot Area (square feet)	Minimum Lot Frontage (feet)	Minimum Lot Width (feet)	Front	Side	Rear	Maximum Building Height (feet)
RC-1	43,5602	125	—	303	15	15	301
RF	43,5602	150	—	303	15	15	301

1	Or 2 1/2 stories, whichever is lesser.
2	A minimum lot area of 87,120 square feet is required in RPOD Overlay District. [Added 10-26-2000]
3	One hundred feet along Routes 28 and 132.

§ 240-15 RC-2 Residential District.

A. Principal permitted uses. The following uses are permitted in the RC-2 District:

(1) Single-family residential dwelling (detached).

B. Accessory uses. The following uses are permitted as accessory uses in the RC-2 District:

(1) Keeping, stabling and maintenance of horses subject to the provisions of § 240-11B(2) herein.

C. Conditional uses. The following uses are permitted as conditional uses in the RC-2 District, provided a special permit is first obtained from the Zoning Board of Appeals subject to the provisions of § 240-125C herein and subject to the specific standards for such conditional uses as required in this section:

(1) Nursing and/or retirement home, but not to include hospitals, sanatoriums, convalescent homes or detached infirmaries or clinics, subject to the following:

(a) The site for the home consists of a minimum of five acres.

(b) The capacity-to-land ratio of the home does not exceed 10 beds per acre.

(c) Off-street parking is provided in compliance with Article VI herein.

(d) All buildings are located a minimum of 150 feet from existing public ways.

(e) The applicant has received a certificate of need from the Massachusetts Division of Medical Care, Department of Public Health.

(f) A perimeter survey has been submitted showing entire tract ownership, all abutting ownership and all existing ways and easements.

(g) A topographic plan of the entire site has been submitted by a registered land surveyor showing elevation contours at five-foot intervals and showing all existing structures and vegetative cover masses, such plan to have been compiled by means of on-site survey or approved aerial photographic method.

(h) A sketch plan of the proposed development has been submitted showing the density and location of structures, vehicular and pedestrian circulation, roadways and parking, proposed utilities and pertinent vegetation and soil and water conditions.

(i) An architectural rendering or sketch has been submitted of any proposed structure.

(2) Public or private regulation golf courses subject to the provisions of § 240-11C(2) herein.

(3) Keeping, stabling and maintenance of horses in excess of the density provisions of § 240-11B(2)(b) herein, either on the same or adjacent lot as the principal building to which such use is accessory.

(4) (Reserved)[1]

[1] Editor's Note: Former Subsection C(4), regarding family apartments, was repealed11-18-2004 by Order No. 2005-026. See now § 240-47.1.

(5) Windmills and other devices for the conversion of wind energy to electrical or mechanical energy, but only as an accessory use.

D. Special permit uses. The following uses are permitted as special permit uses in the RC-2 District, provided a special permit is first obtained from the Planning Board:

(1) Open space residential developments subject to the provisions of § 240-17 herein.

E. Bulk regulations.

				Minimum Yard Setbacks (feet)
Zoning Districts	Minimum Lot Area (square feet)	Minimum Lot Frontage (feet)	Minimum Lot Width (feet)	Front	Side	Rear	Maximum Building Height (feet)
RC-2	43,5602	20	100	203	10	10	301

1	Or 2 1/2 stories, whichever is lesser.
2	A minimum lot area of 87,120 square feet is required in RPOD Overlay District.
3	One hundred feet along Routes 28 and 132. [Added 10-26-2000]

§ 240-16 RAH Residential District.

[Added 11-5-1988 by Art. 9]

A. Principal permitted uses. The following uses are permitted in the RAH District:

(1) Single-family residential dwelling (detached).

(2) Affordable single-family residential dwellings subject to the special bulk regulation contained herein. For the purpose of this section the term "affordable" shall mean dwellings sold or leased by a nonprofit corporation and/or governmental agency whose principal purpose is to provide housing to eligible tenants and/or buyers.

B. Conditional uses. The following uses are permitted as conditional uses in the RAH District, provided a special permit is first obtained from the Zoning Board of Appeals subject to the provisions of § 240-125C herein and subject to the specific standards for such conditional uses as required in this section:

(1) (Reserved)[1]

[1] Editor's Note: Former Subsection C(4), regarding family apartments, was repealed11-18-2004 by Order No. 2005-026. See now § 240-47.1.

(2) Windmills and other devices for the conversion of wind energy to electrical or mechanical energy, but only as an accessory use.

C. Special permit uses. The following uses are permitted as special permit uses in the RAH District, provided a special permit is first obtained from the Planning Board:

(1) Open space residential developments subject to the provisions of § 240-17 herein.

D. Bulk regulations.

				Minimum Yard Setbacks (feet)
Zoning Districts	Minimum Lot Area (square feet)	Minimum Lot Frontage (feet)	Minimum Lot Width (feet)	Front	Side	Rear	Maximum Building Height (feet)
RAH	43,560	125	—	30	15	15	301
RAH	10,0002,3	20	75	30	15	15	301

1	Or 2 1/2 stories, whichever is lesser.
2	Provided that each dwelling is connected to the municipal sewage collection system when the site is located in a Groundwater Protection Overlay District.
3	As an alternative to individual lots, more than one single-family dwelling may be constructed on a lot, provided that the area of any such lot shall contain not less than 10,000 square feet of contiguous upland for each single-family dwelling constructed. When more that one single-family dwelling is constructed on a lot said dwelling shall be at least 30 feet apart.

§ 240-16.1 MAH Residential District.

[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. Definitions. As used in this section, the following terms shall have the meanings indicated:

AFFORDABLE UNIT

A dwelling unit reserved in perpetuity for rental or ownership by a qualified affordable housing unit purchaser or tenant as defined 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]

APPLICANT

The person or persons, including a corporation or other legal entity, who applies for issuance of a special permit for construction of a private-initiated affordable housing development (MAHD) hereunder. The applicant must own or be the beneficial owner of all the land included in the proposed MAHD, or have authority from the owner(s) to act for the owner(s) or hold an option or contract duly executed by the owner(s) and the applicant giving the latter the right to acquire the land to be included in the site.

MULTIFAMILY AFFORDABLE HOUSING DEVELOPMENT (MAHD)

A development of multifamily residential dwelling(s), including required affordable units and permissible accessory structures, authorized by special permit from the Planning Board as set forth herein.[1]

QUALIFIED AFFORDABLE HOUSING UNIT PURCHASER OR TENANT

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]

(1) For the purchaser of a condominium unit: 50%.

(2) For the tenant in a rental unit: 50%.

USE RESTRICTION

A restriction ensuring the continued affordability of a dwelling unit. A use restriction is a deed restriction or other legally binding instrument in a form consistent with Department of Housing and Community Development (DHCD) Local Initiative Program (LIP) guidelines which runs with the land and is recorded with the relevant registry of deeds or land court registry district, and which effectively restricts the occupancy of a low- or moderate-income housing unit to income eligible households during the term of affordability. A use restriction shall contain terms and conditions for the resale of a homeownership unit, including definition of the maximum permissible resale price, and for the subsequent rental of a rental unit, including definition of the maximum permissible rent. A use restriction shall require that tenants of rental units and owners of homeownership units shall occupy the units as their principal residences.

[1] Editor’s Note: The definition of “nursing or convalescent home,” which immediately followed, was repealed 11-2-2017 by Order No. 2018-027.

§ 240-17 Open space residential development.

[Amended 11-7-1987 by Art. 4; 6-17-1999]

A. Purpose. This section has been established to permit a variation in development styles with efficient provision of roads and utilities; and to provide for the public interest by the preservation of open space in perpetuity, for protection of both natural resources and visual character of the land.

B. Application. An open space residential development is permitted in all residential districts by special permit from the Planning Board.

C. Minimum area. A minimum area shall be required sufficient to accommodate no less than four dwelling units based on all the requirements of the zoning district in which the development is located.

D. Permitted uses. The following uses are permitted in an open space residential development:

(1) Detached single-family dwellings and permitted accessory uses, including a cluster unit wastewater treatment facility.

(2) Common open space, preserved as such in perpetuity.

(3) Recreational facilities and activities exclusively for use by residents of an open space residential development, as approved by the Planning Board.

E. Density requirements. The total number of residential units allowable within an open space residential development shall not exceed the number of units that would be allowed in the zoning district in which the site is located. The total number of units allowed shall be determined by submission of a preliminary grid sketch plan in accordance with Subsection M(1) herein, showing the total number of developable lots which could be obtained by utilizing a conventional grid subdivision, in conformance with all the zoning district area requirements, and with legal access over the road providing frontage. Lots on the preliminary plan which are not practically buildable because of impediments to development, such as slope in excess of 15%, utility easements, impervious soils, high groundwater or the location of wetlands, shall not be countable towards the number of developable lots, except that this provision may be waived for a development which is 100% affordable. For the purposes of this section, "affordable" shall mean dwellings sold or leased by a nonprofit corporation and/or government agency whose principal purpose is to provide housing to eligible tenants and/or buyers. Such housing shall remain affordable in perpetuity.

F. Bulk regulations. The Planning Board may grant a reduction of the bulk regulations, provided that in no instance shall any lot contain less 15,000 square feet or have less than 20 feet of frontage, a front yard setback of not less than 20 feet, and side and rear setbacks of not less than 12 feet. The minimum lot size may be further decreased by the Planning Board for a development which is 100% affordable, as defined in Subsection C above. No lot shall be panhandled more than two lots from a roadway, and panhandled lots shall only be permitted where the Planning Board finds that safe and adequate access is provided to the rear lot. As a condition of approval of the special permit, the developer shall submit evidence to the Planning Board of recorded easements, to assure access to joint driveways, where shown on the definitive subdivision plan.

G. Soils. The nature of the soils and subsoils shall be suitable for the construction of roads and buildings. The Planning Board may require that soil borings or test pits be made on each lot as shown on the preliminary sketch plan, when borings required pursuant to the Subdivision Rules and Regulations,[1] or the USDA, Soil Conservation Service maps indicate soils which may not be suitable for development. Soil borings if required, shall indicate soil texture, percolation rates and depth to the ground water table at its maximum elevation, in order to determine the buildability of each lot. Maximum groundwater elevation shall be determined using data available from the US Geological Survey publication "Probable High Ground Water Levels on Cape Cod."

[1] Editor's Note: See Ch. 801, Subdivision Rules and Regulations.

H. Wastewater.

(1) The development shall be connected to Town sewer, or shall comply with the provisions of 310 CMR 15.00, of the State Environmental Code (Title 5) and the on-site wastewater disposal regulations of the Board of Health.[2] No on-site sewage disposal leaching field systems shall be located within 150 feet from any wetland or surface water body, and where possible, located outside a riverfront area as defined according to 310 CMR 10.58, Riverfront Area. In no instance shall an open space residential development be approved which requires a variance to be granted from Title 5 of the State Environmental Code, or on-site sewage disposal regulations of the Board of Health with regard to depth to groundwater, distance to wetlands, buildings or public or private water supply wells. Such Board of Health variance shall render the special permit void as it pertains to the lot or lots affected.

[2] Editor's Note: See 360, On-Site Sewage Disposal Systems.

(2) Based only upon recommendation by the Board of Health pursuant to MGL Ch. 41, § 81U, that lots in the development be connected to a clustered unit wastewater system, with or without nutrient removal, the Planning Board shall incorporate such requirement into a decision of approval, as a condition of that approval.

(3) The clustered unit wastewater system shall be located as far as possible from any sensitive environmental receptor, such as public or private wells, wetlands or water bodies, vernal pools, and rare and endangered species habitats.

(4) A clustered unit wastewater system location, design, maintenance, repair and operation is specifically subject to approval by the Board of Health as a condition of approval of the open space residential development.

(5) Where the common open space is to be owned by the homeowners, a clustered unit wastewater system shall be located on a common open space lot, shown on the definitive plan and labeled as such. Where the common open space is to be deeded to the Town or to a nonprofit corporation pursuant to Subsection M(2)(b) below, a clustered unit wastewater system shall be located upon a separate lot and owned by a corporation or trust, owned or to be owned, by the owners of lots or residential units within the development. Undivided interest in the wastewater treatment facility and the lot on which it is located shall pass with the conveyance of each building lot, or unit. The trust or corporation documents ensuring common ownership and management of the facility by the homeowners shall be submitted to the Planning Board with the definitive subdivision plan; and submitted to the Board of Health at the time of application of the definitive plan to the Planning Board.

(6) The homeowners corporation or trust shall be responsible for the operation, maintenance, repair and eventual replacement of the wastewater treatment facility, in accordance with all federal, state, Cape Cod Commission and Board of Health requirements, as a condition of approval of the open space residential development special permit.

I. Water supply.

(1) Public water supply shall ordinarily be required in open space residential developments, unless the applicant demonstrates that it cannot reasonably be made available to the site.

(2) In areas dependent upon private wells, a special permit for an open space residential development shall only be granted upon recommendation from the Board of Health, pursuant to MGL Ch. 41, § 81U, with the finding that contamination of private wells both on site and off site, will not occur, either because the development has been designed with sufficient distance between private wells, septic systems and drainage facilities, or because the applicant is providing an appropriately located clustered unit wastewater system.

(3) No variance shall be granted from Board of Health, well and on-site sewage disposal regulations, to waive the minimum separation distance between a public or private well and septic system, either on site or off site.

J. Floodplains.

(1) No developable lots or roads shall be located on barrier beaches and coastal dunes as defined by the Wetlands Policy Act, or within the FEMA V Zones.

(2) Filling, dredging and placement of utilities or structures within the one-hundred-year floodplain, as shown on the current National Flood Insurance Rate Maps, shall be avoided and development concentrated outside the A and B Flood Zones to the maximum extent feasible. If site conditions are such that compliance with this subsection would be impracticable, such activities may be allowed in conformity with § 240-34 herein.

K. Preservation of site topographic features. The subdivision design shall preserve and enhance the natural topography of the land by locating roads and building sites in relationship to the existing topography so as to minimize the amount of land clearance, grading, and cuts and fills.

L. Open space use, design and maintenance standards. Within an open space residential development, the balance of the area requirement for lot size shall be provided in common open space, designated as an open space lot or lots on the subdivision plan. The common open space shall be used, designed, and maintained in accordance with the following standards:

(1) As a condition of approval of the special permit, open space shall be retained as such, in perpetuity, and not built upon or developed, except as permitted by the Planning Board pursuant to Subsection L(5) below.

(2) A minimum of 50% of the total upland area of the development shall be devoted to common open space, except that 60% shall be required where the minimum lot size of the zoning district exceeds one acre. Land set aside for roads, appurtenant drainage systems, and/or parking uses shall not be included in the percentage calculation of open space. The lot, or portion of an open space lot containing a clustered unit wastewater system, may be included in the open space minimum percentage requirement.

(3) Open space land shall be designed as a large contiguous lot or lots. Strips or narrow parcels of common open space shall be permitted only when necessary for access or for walking trails, including linkages to adjacent trails. Open space shall be located so as to provide maximum protection to the environmental resources of the site and of adjacent lands. Priority natural resources areas are as follows and shall include but not be limited to the following areas:

(a) WP and GP Groundwater Protection Overlay Districts, as shown on the most current Groundwater Protection Overlay District Map, adopted as part of this chapter;

(b) Three-hundred-foot buffer zones to freshwater bodies and vernal pools; and two-hundred-foot riverfront buffer areas and vernal pools as defined according to 310 CMR 10.58;

(c) Critical and significant habitats as determined from the following sources: Cape Cod Critical Habitats Atlas, APCC, 1990; Cape Cod Wildlife Conservation Project, significant habitat maps, prepared by the Compact of Cape Cod Conservation Trusts Inc.; and any other town or county significant resource habitat maps;

(d) FEMA V, A and B Flood Zones as shown on the current National flood Insurance Rate Maps;

(e) Wetland and coastal habitats;

(f) Private supply wells;

(g) Adjacent open space; and historic structures and archeological sites.

(4) Open space may also be used to provide a buffer from roadways, to protect steep slopes from development activities, and to preserve a scenic corridor along roadways. The Planning Board in approving an open space residential development shall take into consideration any report from the Planning Department, Conservation Department or Conservation Commission relative to the location and design of the open space lot or lots.

(5) Common open space shall be maintained in an open and natural condition, without clearing, predominantly in its present condition, for the protection of natural habitats, except as permitted by the Planning Board as follows:

(a) Where the open space is to be owned by corporation or trust of homeowners, a maximum of 10% of the common open space may be developed for common recreational facilities. The location and type of recreational facilities shall be shown on the definitive open space subdivision plan. A minimum setback of 50 feet shall be provided between any common open space structure and adjacent lots.

(b) Naturally existing woods, fields, meadows and wetlands should be maintained and improved in accordance with good conservation practices. The Planning Board shall require submission of a maintenance plan where improvements to, or on-going maintenance, would enhance the open space lot or lots.

(c) Subject to approval of a management plan by the Planning Board, the following may be permitted: farming, agriculture, horticulture, silviculture, and the harvesting of crops, flowers and hay.

(d) The construction and maintenance of fences around the perimeter of the open space.

(e) The creation of unpaved walking paths, horseback riding trails or jogging paths for recreational use.

(f) The Planning Board may permit utility tie ins across open space, by an easement shown on the subdivision plan. Clearing should be no more than 10 feet in width, and the land promptly restored after installation. The Engineering Division of DPW shall be notified prior to the commencement of any clearance for utilities across open space.

(6) In cases where the open space has been environmentally damaged prior to the completion of the development as a result of land clearance, grading, soil removal, excavation, harvesting of trees, refuse disposal, structures, or any other activity deemed inappropriate with the proposed uses of the common open space, the Planning Board may require the developer to restore or improve the condition and appearance of the common open space, and may require the posting of security, in a form and amount to be determined by the Planning Board, to ensure such restoration or improvement.

M. Common open space ownership and management.

(1) The applicant for approval of an open space residential development special permit shall demonstrate to the Planning Board ownership and control of the open space. The Planning Board may require title insurance to the open space.

(2) Upon approval by the Planning Board of the development concept, and subject to acceptance by the Town Council, the common open space shall be conveyed to and owned by one or more of the following entities:

(a) A nonprofit corporation, the principle purpose of which is the preservation of open space.

(b) A corporation or trust, owned or to be owned, by the owners of lots or residential units within the development. Undivided interest in the open space lot or lots shall pass with the conveyance of each building lot or unit.

(c) The Town for conservation purposes, or for a park in areas suitable for such purpose. No open space lot or lots shall be deeded to the Town without acceptance of the land by the Town Council and/or Town Manager, taking into consideration an advisory opinion of the Planning Board, Planning Department, Conservation Commission and/or Conservation Department, local or regional historic district and Historic Commission.

(3) In those cases where the common open space is not conveyed to the Town, a restriction enforceable by the Town by Form 1A[3] shall be recorded, provided that such land shall be kept in open and in a natural state and not built upon for residential use or developed for accessory uses such as parking or roadways. The applicant shall provide an agreement empowering the Town to perform maintenance of the common open space in the event of failure to comply with the maintenance program, provided that, if the Town is required to perform any maintenance work, the owners of lots or units within the open space residential development shall pay the cost thereof and that the cost shall constitute a lien upon their properties until said cost has been paid. Form 1A shall be fully executed and recorded with the development permits and approved subdivision plan.

[3] Editor's Note: Form 1A can be found at the end of Chapter 801, Subdivision Rules and Regulations.

(4) In addition to the common open space required herein, the Planning Board may require that a developable lot or lots shall be set aside for the purpose of creating additional open space or recreational areas, pursuant to MGL Ch. 41, § 81U, for a period of not more than three years, during which time no clearing of the land or building shall be erected without approval of the Planning Board. Any such condition of approval shall be endorsed upon the definitive subdivision open space residential development plan.

N. Review procedures.

(1) Prior to any application for an open space residential development, no land clearance, grading, cuts, fills, excavation, ditching, or utility installations shall occur, except for purposes of soil testing in accordance with all the requirements of the Subdivision Rules and Regulations,[4] on any part of the development site prior to development application submission and approval as provided for herein. Commencement of land clearance or grading of the land for the construction of access or development of lots prior to application may be grounds for denial of the special permit by the Planning Board.

[4] Editor's Note: See Ch. 801, Subdivision Rules and Regulations.

(2) An application for an open space residential development special permit shall be submitted in conformity with the requirements and procedures for submission and review under the Subdivision Rules and Regulations of the Planning Board, and the following additional requirements in Subsection O below.

O. Preliminary plan requirements.

(1) Applicants shall submit a preliminary plan to the Planning Board and the Board of Health prior to filing a formal special permit application, in order to obtain a consensus regarding the suitability of the open space residential development general design concepts, and to determine allowable density prior to submission of special permit application and definitive subdivision plan. In addition to the materials required for submission of a preliminary plan under the Subdivision Rules and Regulations, the preliminary materials shall include the following:

(a) Nine copies of a preliminary grid sketch plan, to demonstrate the number of buildable lots that can be obtained in conformance with the area requirements of the zoning district, and all the requirements of the Subdivision Rules and Regulations. Topographic information may be obtained from Information Technology, GIS unit.

(b) Two copies of the following maps for the development site as follows:

[1] USDA Natural Resources soil survey, maps and soil descriptions regarding the nature of the soils within the proposed development. The location of all test pit and soil logs shall be shown on the topographic plan, and soil log descriptions submitted to both the Planning Board and Engineering Division of DPW.

[2] Cape Cod Critical Habitats Atlas, APCC, 1990; Cape Cod Wildlife Conservation Project, significant habitat maps, prepared by the Compact of Cape Cod Conservation Trusts Inc.; and any other Town or county resource habitat maps; when these documents indicate critical or significant habitats on, or adjacent to the site.

(c) Nine copies of the proposed preliminary open space residential development plan showing the location and dimensions of all building lots, the location of open space lot or lots, the location and use of any common facilities or structures, including any proposed clustered unit wastewater system, and/or recreational facilities, the location of all ways and easements, private water supply wells within the site, and public and private water supply wells on adjacent properties, and such other improvements as may be proposed.

(d) A description of the proposed uses of the common open space and the preferred form of ownership and maintenance thereof.

(e) The Planning Board shall notify all abutters within 300 feet of the perimeter of the subdivision of the date, time and place that the preliminary plan will be considered, in order to receive input on the overall plan design, prior to application for the special permit and definitive plan approval.

(2) Within 45 days after the receipt of a complete preliminary plan application as specified herein, the Planning Board shall give its approval, with or without modifications, or shall disapprove the proposal stating its reasons. The Town Clerk shall be notified in writing of such action. Preliminary approval for an open space residential development shall be valid for a period of six months.

P. Definitive application.

(1) Applicants for a special permit for open space residential development shall, at the time of filing the application, submit a definitive subdivision open space residential development plan in conformity with § 240-17 herein, and the Subdivision Rules and Regulations of the Planning Board.[5] The plan shall be derived from the approved preliminary concept plan required above. In addition to the materials required for submission of a definitive subdivision plan, the applicant shall submit documents signed by all owners and applicants as follows: deed of open space lot or lots to the Town, to a corporation, trust of homeowners, or to a nonprofit conservation organization; the corporation or trust documents; and Form 1A where applicable.[6]

[5] Editor's Note: See Ch. 801, Subdivision Rules and Regulations.

[6] Editor's Note: Form 1A is included at the end of Ch. 801, Subdivision Rules and Regulations.

(2) The definitive development plan shall show the location of a cluster unit wastewater system or recreational facilities, if any.

(3) The definitive plan shall indicate the limit of clearing along roadways, within both building lots and the open space lot or lots, and around any commonly owned facilities.

(4) A maintenance plan for the open space lot or lots shall be submitted where required.

(5) A note shall appear on the plan to the effect that "No lot as shown on this plan and approved in accordance with the open space residential development provisions of the Zoning Ordinance of the Town of Barnstable shall be further divided."

(6) Upon receipt of an open space residential development application, the Planning Board shall proceed as with applications for special permits under MGL Ch. 40A. Hearings on an application for a special permit under this section shall be held simultaneously with definitive subdivision plan review hearings.

Q. Approved open space residential developments.

(1) Within 30 days of the Planning Board's endorsement of approval of the subdivision plan, the applicant shall record the plan, together with the following documents: the decision of the Planning Board; the deed of open space to the Town, or to a trust or corporation, or to a nonprofit conservation organization; Form 1A; the trust or corporation documents; as well as development agreements and covenants required under the Subdivision Rules and Regulations. Failure to comply with this provision shall result in the Planning Board approval being considered null and void. Upon application to the Planning Board, the Board may extend the thirty-day recordation period for good cause.

(2) Period of validity: The provisions of § 240-125C(3) shall apply.

[Amended 5-7-2009 by Order No. 2009-077]

(3) A request to modify the open space residential development subdivision plan requiring a change in the configuration of the open space, or the road right-of-way shall require a duly noticed public hearing and notification of all parties in interest, pursuant to MGL Ch. 40A, § 15. The Planning Board shall decide whether or not the addition of recreational facilities or a change in location of such facilities shall constitute a modification of the approved plan. If lots have been conveyed out on an individual basis, the applicant for a modification of the special permit and/or installation of recreational facilities shall provide the Planning Board with evidence of the power to act upon the behalf of the corporation or trust of owners of the open space.

R. An application for endorsement of approval-not-required plans to adjust lot lines between abutting lot owners, not involving open space lot lines or road right-of-way lines, shall not be considered a modification of the subdivision, or require notice to owners or abutters, provided that such plan and building locations comply with all the requirements of § 240-17 herein.

§ 240-17.1 Private-initiated affordable housing development.

[Added 11-18-2004 by Order No. 2004-114]

A. Purpose. The purpose of this section is to authorize by special permit privately initiated affordable housing by for-profit or not-for-profit organizations that:

(1) Provide for residential development in a manner that is consistent with existing neighborhood development in terms of density and housing types; and

(2) Authorize an increase in the permissible density of housing in a proposed development, provided that the applicant shall, as a condition for the grant of said special permit, provide housing for persons of low or moderate income.

B. Definitions. As used in this section, the following terms shall have the meanings indicated:

AFFORDABLE UNIT

A dwelling unit reserved in perpetuity for ownership by a household earning less than 80% of area median family income, and priced to conform with the standards of the Massachusetts Department of Housing and Community Development (DHCD) for ownership units set forth in 760 CMR 45.03(4), in order that such affordable units shall be included in the DHCD Subsidized Housing Inventory.

APPLICANT

The person or persons, including a corporation or other legal entity, who applies for issuance of a special permit for construction of a private-initiated affordable housing development (PI-AHD) hereunder. The applicant must own, or be the beneficial owner of, all the land included in the proposed PI-AHD, or have authority from the owner(s) to act for the owner(s) or hold an option or contract duly executed by the owner(s) and the applicant giving the latter the right to acquire the land to be included in the site.

BEDROOM

A separate room within a dwelling unit intended for, or which customarily could be used for, sleeping.

PRIVATE INITIATED AFFORDABLE HOUSING DEVELOPMENT (PI-AHD)

A development of single-family residential dwellings (detached), including required affordable units, and permissible accessory structures on seven acres or more authorized by special permit from the Planning Board as set forth herein.

C. Application.

(1) An application for a special permit for a PI-AHD shall be submitted to the Planning Board on forms furnished by the Planning Board, accompanied by the following:

(a) Information pertaining to any association which the applicant proposes to form for the private management of the PI-AHD.

(b) Copies of all proposed documents as required for the subdivision, including architectural rendering and layouts of proposed homes to be built and landscaping plans.

(c) Copies of proposed deed restrictions and monitoring agreements, drafted consistent with all requirements of 760 CMR 45 Local Initiative Program (LIP), and guidelines promulgated thereunder assuring the affordable units remain affordable in perpetuity, and assuring the resale of affordable units at the restricted price, and providing a right of first refusal in favor of the Town.

(2) Copies of the application and accompanying materials shall be transmitted forthwith to the Barnstable Housing Committee for review and comment. Said Committee shall have 45 days after receipt thereof to make written recommendations to the Planning Board. Failure to make such written recommendation shall be deemed a lack of opposition thereto.

D. Standards. In order to be eligible for consideration for a special permit, the proposed PI-AHD shall meet all of the following standards:

(1) Qualifying area. The site shall be located entirely within the RC-1 Zoning District and shall contain at least seven contiguous upland acres.

(2) Compliance with applicable regulations and standards. All plans and development shall comply with all applicable standards of the Planning Board's Subdivision Rules and Regulations, including such waivers as may be granted by the Planning Board.[1]

[1] Editor's Note: See Ch. 801, Subdivision Regulations.

(3) Wastewater. All dwellings within the PI-AHD shall be connected to the municipal wastewater treatment facility.

(4) Lot shape factor. The numerical lot shape factor as required in § 240-7D of the Zoning Ordinance shall not apply. However no panhandled lot shall be created to a depth greater than two lots from the principal way.

(5) Bulk regulations. For all lots and building within the PI-AHD, the following bulk regulations shall apply:

			Minimum Yard Setbacks (feet)
Minimum Lot Area	Minimum Lot Frontage	Minimum Lot Width				Maximum Building Height
(square feet)	(feet)	(feet)	Front	Side	Rear	(feet)
10,000	50; 20 for a lot on the radius of a cul-de-sac	65 (1)	15(3)	10(4)	20(4)	30(5)

Notes:
(1)	The Planning Board may grant a waiver to the lot width requirement to individual lots located on the radius of a cul-de-sac, provided that the grant of the waiver will result in a proper alignment of the home to the street.
(2)	Accessory structures that require a building permit shall be required to conform to all setback requirements.
(3)	Accessory garages, whether attached or detached, shall require a minimum front yard setback of 20 feet.
(4)	The Planning Board may require a planted buffer area within any required rear or side yard setback area.
(5)	Or 2 1/2 stories, whichever is less.

(6) Parking. A minimum of two on-site parking spaces per dwelling unit shall be provided. A one-car garage shall count as one parking space. A two-car garage shall count as two parking spaces.

(7) Phasing. The applicant, as part of the application for subdivision approval, may propose a phasing plan identifying the number of building permits requested to be issued in each year of the phasing plan. The Planning Board, upon a finding of good cause, may vary the provisions of § 240-114A and B and § 240-115B(1) through (3) herein and allow for the allocation to the applicant of the number of building permits proposed in the phasing plan or any different number that the Planning Board deems appropriate, provided that, at the time of the granting of the special permit, the determined number of building permits are available and that no more than 1/4 of each year's allocation under § 240-114A and B shall be allocated to the applicant. Every permit allocated to the applicant by the Planning Board shall be included as part of the yearly building permit allocations under § 240-114A and B. There shall be no extension of a building permit granted under a phasing plan, and any unused and/or expired permits shall be credited back as part of the adjustments under § 240-114D for the next calendar year.

(8) Visitability. The Planning Board may require that some or all of the dwelling units provide access for visitors in accordance with the recommendations of the Barnstable Housing Committee.

E. Affordable units. At least 20% of the dwelling units shall be affordable units, subject to the following conditions:

(1) The affordable unit shall be affordable in perpetuity. A deed rider shall assure this condition. The deed rider shall be structured to survive any and all foreclosures.

(2) The continuing enforcement of the deed rider through subsequent resale of the affordable units shall be the subject of a monitoring agreement.

(3) The deed rider and the monitoring agreement shall be drafted in compliance with 760 CMR 45.00 Local Initiative Program (LIP) and guidelines promulgated thereunder. The deed rider and the monitoring agreement shall be subject to review and approval by the Planning Board and approved as to form by the Town Attorney's office prior to the issuance of a certificate of occupancy for any dwelling unit.

(4) The affordable unit shall conform to the standards of the Department of Housing and Community Development (DHCD) for inclusion in the DHCD Subsidized Housing Inventory.

(5) A right of first refusal upon the transfer of such affordable units shall be granted to the Town or its designee for a period not less than 120 days after notice thereof.

(6) The affordable units shall not be segregated within the PI-AHD. The affordable units shall satisfy the design and construction standards and guidelines of the Local Initiative Program, 760 CMR 45.00, with regard to distinguishability from market rate units. It is the intent of this section that the affordable units shall be eligible for inclusion in the DHCD Subsidized Housing Inventory as LIP units.

(7) The affordable units shall be constructed and occupancy permits issued at the rate of one affordable unit for every four market rate units.

(8) In computing the number of required affordable units, any fraction of a unit shall be rounded up, and the result shall be the number of affordable units to be built within the PI-AHD and not off site.

(9) No special permit shall be granted unless the affordable dwelling units have been approved by the DHCD as eligible for the Affordable Housing Inventory under 760 CMR 45.00, the LIP Program.

F. Decision. The Planning Board may grant a special permit for a PI-AHD where it makes the following findings:

(1) The proposed PI-AHD complies with all applicable Subdivision Rules and Regulations, the Zoning Ordinance and the requirements of this section except as they may be waived by the Board;

(2) The proposed PI-AHD provides affordable units consistent with the requirements set forth herein;

(3) The proposed PI-AHD does not cause substantial detriment to the neighborhood.

G. Relation to other requirements. The submittals and special permit required herein shall be in addition to any other requirements of the Subdivision Control Law or any other provisions of this Zoning Ordinance.

§ 240-18 (Reserved) [1]

[1] Editor's Note: Former § 240-18, PR Professional Residential District, as amended, was repealed 7-14-2005 by Order No. 2005-100.

§ 240-19 (Reserved) [1]

[1] Editor's Note: Former § 240-19, OR Office Residential District, as amended, was repealed 7-14-2005 by Order No. 2005-100.

§ 240-20 West Barnstable Village Business District. [1]

A. Purpose and intent. The purposes and intent of this section is to guide development and redevelopment in West Barnstable Village Business District so that it:

(1) Promotes a location-appropriate scale and traditional mix of business, institutional and residential land uses that contribute to and respect the historic character and historic neighborhood development patterns.

(2) Acknowledges the historic context of the village and preserves or enhances historic buildings or other historic resources.

(3) Protects and preserves the historic and scenic streetscape.

(4) Provides a variety of functions that support residents' day-to-day use of the district.

(5) Supports and enhances the diverse local economy and retains established village goods and service offerings.

(6) Preserves and protects the traditional New England village character of West Barnstable through architectural design that replicates in scale and character the best examples of traditional neighborhood design from the historic towns and villages of Cape Cod and New England to enhance the aesthetic quality of Barnstable as a whole.

(7) Conforms with the Old Kings Highway Regional Historic District Act.

(8) Is consistent with the Barnstable Comprehensive Plan and the West Barnstable Village Plan.

B. The following uses are permitted in the WBVBD, provided that no operation shall result in the treatment, generation, storage or disposal of hazardous materials, except as follows: household quantities; waste oil retention facilities for small-scale retailers of motor oil required and operated in compliance with MGL c. 21 § 52A; oil on site for heating of a structure or to supply an emergency generator.

(1) Principal permitted uses.

(a) Single-family residential dwelling. A single-family residential dwelling may be freestanding or attached to a building also used for nonresidential uses. More than one single-family residential dwelling per lot is permitted as long as there is a minimum of one acre per single-family dwelling, but in no case will more than one principal permitted single-family residential dwelling be contained in any one building.

(b) Small-scale retail store.

(c) Professional, business or medical office.

(d) Office of a bank, credit union, savings and loan or other financial institution.

(2) Accessory uses. The following uses are permitted as accessory uses in the WBVBD:

(a) Bed-and-breakfast operation within an owner-occupied single-family residential structure, subject to the provisions of § 240-11C(6) except Subsection C(6)(b)[1] and [2]. No more than three total rooms shall be rented to not more than six total guests at any one time in the WBVBD. No special permit shall be required in the WBVBD. For the purposes of this section, children under the age of 12 years shall not be considered in the total number of guests.

(b) Automated banking facilities (ATM) shall be located within a principal building and shall not be accessed from the exterior of the building.

(c) Accessory apartments as provided for in the Town of Barnstable Code, Chapter 9, Affordable Housing, Article II, Accessory Apartments and Apartment Units.

(3) Special permit uses. The following uses are permitted, provided that a special permit is first obtained from the Special Permit Granting Authority(SPGA) subject to the provisions of § 240-125C herein and subject to the specific standards for such uses as required in this section:

(a) Artisans and craftspeople.

(b) Personal service business.

(c) Windmills and other devices for the conversion of wind energy to electrical or mechanical energy subject to the provisions of § 240-44.1.

(4) Special permit performance standards. In addition to the standards for the grant of a special permit set forth in § 240-125C, the grant of any special permit within the WBVBD requires findings to support that the development meets the following criteria:

(a) Is compatible with and supports the purpose and intent of this section.

(b) Mitigates impacts to safety and congestion from development.

(c) Protects and preserves water supply for both drinking water and fire protection.

(d) Stormwater shall be contained on site and mitigated using best management practices.

(e) Manages waste, by-products and other debris that may be associated with artisan and craft use in a manner compatible with abutting or nearby residential uses.

(f) Does not generate noise, vibration, smoke, dust or other particulate matter, odors, heat, glare or intrude with similar nuisance on abutting or nearby residential uses.

(g) Storage of all raw material and finished product associated with artisan or craft use shall be stored within a duly permitted permanent structure. All outdoor storage associated with artisan or craft use is prohibited.

(h) Deliveries may take place not sooner than one hour before, or later than one hour after the permitted operating hours of a business.

(i) Vehicles are prohibited from running motors, refrigeration units or other mechanical units outside of permitted hours of operation.

(5) Bulk regulations.

			Minimum Yard Setbacks
Minimum Lot Area (square feet)	Minimum Lot Frontage (feet)	Minimum Lot Width (feet)	Front3 (feet)	Side (feet)	Rear (feet)	Maximum Building Height (feet)	Maximum Lot Coverage as % of Lot Area
43,560	160	—	30	30	30	301	102

NOTES:

¹ Or two stories, whichever is lesser

² No more than 33% of the total upland area of any lot shall be made impervious by the installation of buildings, structures and paved surfaces.

³ Front yard landscaped setback from the road lot line: 20 feet. Existing trees and shrubs shall be retained within the road right-of-way and within the required front yard landscaped setback and supplemented with other landscape materials, in accordance with accepted landscape practices. Where natural vegetation cannot be retained, the front yard landscaped setback shall be landscaped with a combination of grasses, trees and shrubs commonly found on Cape Cod. A minimum of one street tree with a minimum caliper of three inches shall be provided per 30 feet of road frontage distributed throughout the front yard setback area. No plantings shall obscure site at entrance and exit drives and road intersections. All landscaped areas shall be continuously maintained, substantially in accordance with any site plan approved pursuant to Article IX herein.

(6) Nonconforming use limitations. Within the WBVBD the change of a nonconforming use to another nonconforming use is prohibited notwithstanding the provisions of § 240-94A. A nonconforming use shall only be permitted to change to a principal permitted use as of right or to a special permit use as provided for by the grant of a special permit pursuant to § 240-20B(3) and (4) herein.

(7) Corporate branding. Buildings, colors, signage, architectural features, text, symbols, graphics, other attention-getting devices and landscape elements that are trademarked, branded or designed to identify with a particular formula business chain or corporation are prohibited. All structures and sites shall be designed to include architectural and design elements that are consistent with the WBVBD architectural composition, character, and historic context. Interior corporate branding elements shall not be visible to the street through windows, doors or by any other means. The Town will work with applicants to adapt critical functional features of prototype plans to their sites, but will not accept standard plans, building forms, elevations, materials, or colors that do not relate to the site, adjacent development or West Barnstable community character.

(8) Site development standards. In addition to Article IX, Site Plan Review, and Article VI, Off-Street Parking, the following additional requirements shall apply within the WBVBD.

(a) Loading docks. Loading docks shall be screened from Meetinghouse Way (Route 149), Main Street (Route 6A), Lombard Avenue, Navigation Road, Packet Landing Road and Whitecap Lane with landscaping or fencing materials of an appropriate scale.

(b) To the greatest extent feasible, all new parking areas shall be located to the side and rear of the building. Parking is not permitted in the required front yard setback with the exception of parking required by ADA compliance as determined by the Building Commissioner.

(c) Curb cuts and driveways.

[1] Shared driveways and parking area interconnections are strongly encouraged. No more than one curb cut on Meetinghouse Way (Route 149, Main Street (Route 6A), Lombard Avenue, Packet Landing Road, Navigation Road and Whitecap Lane shall be allowed for any lot. For traffic safety and to reduce traffic congestion, no new driveways shall be permitted on Route 149, Route 6A, Lombard Avenue and Whitecap Lane within 200 feet of any intersection.

[2] Driveways shall not exceed the width required by site plan review.

(d) Lighting. In no case shall exterior or outdoor lighting cause glare that impacts motorists, pedestrians or neighboring premises.

[1] All exterior lighting shall use full cutoff light fixtures in which no more than 2.5% of the total output is emitted at 90° from the vertical pole or building wall on which it is mounted.

[2] Up-lighting is prohibited.

(9) Definitions. The following terms are defined in the WBVBD and shall not be construed to apply to other regulations.

ARTISAN OR CRAFTSPERSON USE

A small-scale use that typically employs one or two people who practice craft or artisan activities. A key feature of works produced by artisans or craftspeople is the high degree of manual expertise involved. The use must be compatible with abutting and nearby residential and nonresidential uses. The following is included in the definition of "artisan or craftsperson use:"

(a) ARTISAN OR CRAFTSPERSON A person using manual skills to produce, in limited quantities, ornamental or functional works in ceramic, glass, metal, paper, wood or textiles. Examples include, without limitation, the following: drawing, painting, sculpture, pottery, photography, graphic design, interior design, fashion design, jewelry making, wood turning, glass blowing, furniture making, small wooden boat building, upholstering and weaving.

PERSONAL SERVICE

Establishments engaged in the provision of services, but not goods, of a personal nature to individuals and households. Such establishments include barbershop, beauty salon, clothing repair or seamstress shop, shoe repair shop, florist and day spas. Personal service establishments that are not commonly found in rural village environments such as check cashing services, fortune tellers, psychics, palm readers and similar services, spas and hot tubs for rent, tanning, piercing and similar services are prohibited.

SMALL-SCALE RETAIL STORE

Small stores and businesses, including but not limited to, corner groceries, bookstore, galleries and other small retail uses typically found in small New England towns. Small-scale retail does not include retail or commercial buildings or storage designed to serve a large volume of customers, e.g. gasoline and oil filling stations, garages for automotive repair. Small-scale retail is subject to corporate branding limitations as described herein and shall not include drive-through window service.

[1] Editor's Note: Former § 240-20, O-1, O-2 and O-3 Office Districts, as amended, was repealed 7-14-2005 by Order No. 2005-100.

§ 240-21 B, BA and UB Business Districts.

[Amended 2-20-1997; 3-11-1999 by Order No. 99-056]

A. Principal permitted uses. The following uses are permitted in the B, BA and UB Districts:

(1) Retail and wholesale store/salesroom.

(2) Retail trade service or shop.

(3) Office and bank.

(4) Restaurant and other food establishment.

(5) Place of business of baker, barber, blacksmith, builder, carpenter, caterer, clothes cleaner or presser, confectioner, contractor, decorator, dressmaker, dyer, electrician, florist, furrier, hairdresser, hand laundry, manicurist, mason, milliner, news dealer, optician, painter, paper hanger, photographer, plumber, printer, publisher, roofer, shoemaker, shoe repairer, shoe shiner, tailor, tinsmith, telephone exchange, telegraph office, undertaker, upholsterer, wheelwright.

(6) Gasoline and oil filling stations and garages.

(7) Hotel/motel subject to the provisions of Subsection F herein, except that hotels/motels shall be prohibited in the BA District and prohibited in the Osterville UB District.

(8) Any other ordinary business use of a similar nature.

(9) Multifamily dwellings (apartments) subject to the provisions of Subsection A(9)(a) through (i) herein, except that multifamily dwellings shall be prohibited in the BA District.

[Amended 7-14-2005 by Order No. 2005-100]

(a) The minimum lot area ratio shall be 5,000 square feet of lot area per each apartment unit for new multifamily structures and conversions of existing buildings.

(b) The maximum lot coverage shall be 20% of the gross upland area of the lot or combination of lots.

(c) The maximum height of a multifamily dwelling shall not exceed three stories or 35 feet, whichever is lesser.

(d) The minimum front yard setback shall be 50 feet or three times the building height, whichever is greater.

(e) The minimum side and rear yard setbacks shall be not less than the height of the building.

(f) A perimeter green space of not less than 20 feet in width shall be provided, such space to be planted and maintained as green area and to be broken only in a front yard by a driveway.

(g) Off-street parking shall be provided on site at a ratio of 1.5 spaces per each apartment unit and shall be located not less than 30 feet from the base of the multifamily dwelling and be easily accessible from a driveway on the site.

(h) No living units shall be constructed or used below ground level.

(i) The Zoning Board of Appeals may allow by special permit a maximum lot coverage of up to 50% of the gross area of the lot or combination of lots.

(j) Multifamily dwellings (apartments) for active adult or assisted living located in the IND District, where the project includes a total project land area of 24 acres or more and is subject to a Senior Continuing Care Retirement Community Overlay District (SCCRCOD) (§ 240-29), the following regulations shall apply in lieu of all other bulk and dimensional, parking, landscaping, screening, and setbacks as may otherwise be applicable, and which shall apply to the entire project land area as if it were one lot, even though it may be composed of more than one lot, which lots may be separated by a street or way:

[Added 5-19-2016 by Order No. 2016-146]

[1] Minimum total project land area of 24 acres, including therein any streets or ways.

[2] Minimum project land area ratio shall be 3,000 square feet of project land area per each dwelling unit.

[3] Maximum building height shall be 60 feet/five stories.

[4] Minimum front yard setback: 30 feet.

[5] Landscape buffers (driveways, signage, lighting and walkways excepted):

[a] Front yard: 20 feet.

[b] Side and rear yard: 10 feet.

[6] Parking.

[a] For active adult dwelling units, off-street parking shall be provided at a ratio of 0.75 resident space per dwelling unit, 0.5 guest space per dwelling unit, and 0.75 employee space per five dwelling units;

[b] For assisted living dwelling units, off-street parking shall be provided at a ratio of 0.5 resident space per dwelling unit, 0.5 guest space per dwelling unit, and 0.75 employee space per five dwelling units.

[7] To the extent a project developed pursuant to this § 240-21A(9)(j) is also subject to the Groundwater Protection Overlay District regulations set forth in § 240-35, the lot coverage and site clearing requirements of such § 240-35 shall be calculated using the entire project land area as described in this section. All allowed impervious area may be located on an individual lot within the project land area, provided the impervious area requirements are met over the entire project land area.

(10) Single-family residential structure (detached), except that single-family residential structures shall not be permitted in the B District.

B. Accessory uses.

(1) Bed-and-breakfast operation within an owner-occupied single-family residential structure, subject to the provisions of § 240-11C(6) except Subsections (b)[1] and [2]. No more than six total rooms shall be rented to not more than 12 total guests at any one time, and no special permit shall be required. For the purposes of this section, children under the age of 12 years shall not be considered in the total number of guests. Bed-and-breakfast operations shall not be permitted in the B District.

C. Conditional uses. The following uses are permitted as conditional uses in the B, BA and UB Districts, provided that a special permit is first obtained from the Zoning Board of Appeals subject to the provisions of § 240-125C herein and the specific standards for such conditional uses as required in this section:

(1) Storage yards for coal, oil, junk, lumber or any business requiring use of a railroad siding; such uses being provided for in the B District only.

(2) A building or place for recreation or amusement but not to include a use which is principally the operation of coin-operated amusement devices; such uses being provided for in the B District only.

(3) Any manufacturing use; such uses being provided for in the B District only.

(4) Windmills and other devices for the conversion of wind energy to electrical or mechanical energy, but only as an accessory use.

(5) Public or private regulation golf courses subject to the provisions of § 240-11C(2) herein.

D. Special permit uses. (Reserved for future use.)

E. Bulk regulations.

				Minimum Yard Setbacks
Zoning Districts	Minimum Lot Area (square feet)	Minimum Lot Frontage (feet)	Minimum Lot Width (feet)	Front (feet)	Side (feet)	Rear (feet)	Maximum Building Height (feet)	Maximum Lot Coverage as % of Lot Area
B	—	20	—	201	—	—	303	—
BA	—	20	—	20	—	—	303	35
UB	—	20	—	202	02	02	303	35

NOTES:
1	One hundred feet along Routes 28 and 132.
2	Fifty feet when abutting a residentially zoned area.
3	Or two stories, whichever is lesser.
	Front yard landscaped setback from the road lot line: B Business District: 10 feet, except 50 feet along Attucks Lane Extension and Independence Drive. BA District: 10 feet. UB District: 10 feet. Existing trees and shrubs shall be retained within the road right-of-way and within the required front yard landscaped setback and supplemented with other landscape materials, in accordance with accepted landscape practices. Where natural vegetation cannot be retained, the front yard landscaped setback shall be landscaped with a combination of grasses, trees and shrubs commonly found on Cape Cod. A minimum of one street tree with a minimum caliper of three inches shall be provided per 30 feet of road frontage distributed throughout the front yard setback area. No plantings shall obscure site at entrance and exit drives and road intersections. All landscaped areas shall be continuously maintained, substantially in accordance with any site plan approved pursuant to Article IX herein

F. Special hotel/motel provisions. In addition to the provisions of Subsection E, hotels and motels shall be developed only in conformance with the following:

(1) The minimum lot area ratio shall be 2,500 square feet of lot area per each of the first 10 hotel/motel units, and an additional 250 square feet of lot area per each unit in excess of 10.

(2) The minimum lot frontage shall be 125 feet.

(3) The maximum lot coverage for all buildings shall not exceed 30% of the gross land area.

(4) In addition to the parking requirements of § 240-54 herein, there shall be two additional off-street parking spaces provided per each 10 hotel/motel units or fraction thereof.

(5) The minimum front yard setback shall be 30 feet.

(6) The minimum total side yard setback shall be 30 feet; provided, however, that no allocation of such total results in a setback of less than 10 feet.

(7) The minimum rear yard setback shall be 20 feet.

(8) No other uses shall be permitted within the required yard setbacks, except driveways in a required front yard. All yard areas shall be appropriately landscaped and adequately maintained.

(9) A site plan for each development or addition shall be submitted to the Building Commissioner along with the request for a building permit. The site plan shall include, but not be limited to, all existing and proposed buildings, structures, parking, driveways, service areas and other open uses, all drainage facilities and all landscape features such as fences, walls, planting areas and walks on the site.

§ 240-22 (Reserved) [1]

[1] Editor's Note: Former § 240-22, BL-B Business District, as amended, was repealed 7-14-2005 by Order No. 2005-100.

§ 240-23 MB-A1, MB-A2 and MB-B Business Districts.

A. Principal permitted uses. The following uses are permitted in the MB-A1, MB-A2 and MB-B Districts:

(1) Commercial marina to include the berthing, building, sale, rental, storage and repair of boats, including the storage of boats on racks within the MB-A1 and MB-A2 Business Districts, subject to the provisions of Subsection A(6) below, and the installation and maintenance of docks, piers, ramps, floats and moorings.

(2) Retail sale of marine fishing and boating supplies, marine electronics, marine motors and marine communication equipment.

(3) Retail sale of fishing bait, fish and shellfish, such uses being provided for in the MB-B District only.

(4) Commercial fishing, not including commercial canning or processing of fish; such use being provided for in the MB-B District only.

(5) Whale-watching facility, such use being provided for in the MB-B District only.

(6) Storage of boats on racks within the MB-A1 Business District subject to the following provisions:

(a) There shall be no more than 30 boats stored on racks for seasonal use (June 15 through Sept. 15);

(b) There shall be no launching or hauling of boats stored on racks for seasonal use before 8:00 a.m. or after 6:00 p.m.;

(c) There shall be unlimited year-round rack storage of boats that are not stored for seasonal use; and

(d) Any process by which seasonally used boats are launched and hauled, such as but not limited to by forklift or crane, shall be undertaken in a manner in which to minimize noise.

(7) Craft boat building, including the berthing, sale, rental, storage and repair of boats, including the storage of boats on racks within the MB-A1 and MB-A2 Business Districts, subject to the provisions of Subsection A(6) and the installation and maintenance of docks, piers, ramps, floats, and moorings.

[Added 6-1-2017 by Order No. 2017-102]

B. Accessory uses. The following uses are permitted as accessory uses to principal permitted use, Subsection A(1), Commercial marina, above.

(1) Retail sale of fuel to marine vessels only.

(2) Not more than one apartment for occupancy by the marina owner or by staff employed at the marina.

C. Conditional uses. The following uses are permitted as conditional uses in the MB-A1 and MB-A2 and MB-B Districts, provided that a special permit is first obtained from the Zoning Board of Appeals subject to the provisions of § 240-125C herein and subject to the specific standards for such conditional uses as required in this section:

(1) Restaurant, such use being provided for in the MB-B District only.

(2) Windmills and other devices for the conversion of wind energy to electrical or mechanical energy, but only as an accessory use.

D. Special permit uses.

(1) In the MB-A1 and MB-A2 Districts only, the retail sale of marine-related equipment, sporting-goods-type clothing, marine-related decorative goods and furnishings, as an accessory use to principal permitted use, Subsection A(1) above only

E. The following use limitations shall apply within the MB-B only:

[Added 3-18-2010 by Order No. 2010-068[1]]

(1) Use limitations: A permitted retail establishment, lodging establishment, restaurant, or take-out food establishment shall not include a business which is required by contractual or other arrangement to maintain one or more of the following items: standardized ("formula") array of services and/or merchandise, trademark, logo, service mark, symbol, decor, architecture, layout, uniform, or similar standardized features and which causes it to be substantially identical to more than eight other businesses regardless of ownership or location. Drive-up windows and/or drive-through facilities are prohibited.

(2) Corporate branding prohibition: Buildings, colors, signage, architectural features, text, symbols, graphics, other attention-getting devices and landscape elements that are trademarked, branded or designed to identify with a particular formula business chain or corporation are prohibited. Interior corporate branding elements shall not be visible to the street through windows, doors or any other means.

[Amended 9-8-2011by Order No. 2011-138]

[1] Editor's Note: This order also redesignated former Subsection E as Subsection G.

F. (Reserved)

G. Bulk regulations.

[Amended 3-11-1999 by Order No. 99-058; 7-19-2001 by Order No. 2001-099; 6-1-2017 by Order No. 2017-102]

				Minimum Yard Setbacks (feet)
Zoning District	Minimum Lot Area (square feet)	Minimum Lot Frontage (feet)	Minimum Lot Width (feet)	Front	Side	Rear	Maximum Building Height (feet)	Maximum Lot Coverage as % of Lot Area
MB-A1 MB-A2	10,000	20	—	—	—	—	301	—
MB-B	7,500	20	75	10	302	30	301	—

1	Or two stories, whichever is lesser
2	The minimum total side yard setback shall be 30 feet, provided that no allocation of such total results in a setback of less than 10 feet, except abutting a residential district, where a minimum of 20 feet is required.
	NOTE:
	A.	Front yard landscaped setback from the road lot line:
		MB-A1 and MB-A2 Business District: 10 feet.
		MB-B Business District: 10 feet.
	B.	Side/rear yard landscaped setback from residential lot lines:
		MB-A1 Business District: 50 feet.
	C.	Existing trees and shrubs shall be retained within the road right-of-way and within the required landscaped setbacks and supplemented with other landscape materials, in accordance with accepted landscape practices. Where natural vegetation cannot be retained, the landscaped setback shall be landscaped with a combination of grasses, trees and shrubs commonly found on Cape Cod. A minimum of one street tree with a minimum caliper of three inches shall be provided per 30 feet of road frontage distributed throughout the front yard setback area. No plantings shall obscure site at entrance and exit drives and road intersections. All landscape areas shall be continuously maintained, substantially in accordance with any site plan approved pursuant to Article IX herein.

§ 240-24 VB-A Business District.

[Amended 11-7-1987 by Art. 5; 10-4-1990 by Order No. 90-68; 2-20-1997; 1-7-1999; 3-11-1999 by Order No. 99-058]

A. Principal permitted uses. The following uses are permitted in Subsections (1) through (5) below in the VB-A:

[Amended 9-8-2011 by Order No. 2011-138]

(1) Single-family residential dwelling (detached).

(2) Retail store.

(3) Professional or business office.

(4) Branch office of a bank, credit union, or savings and loan institution.

(5) Personal service business.

B. Accessory uses. The following uses are permitted as accessory uses in the VB-A District:

(1) Apartments, provided they are:

(a) Accessory to uses listed in Subsection A(2) through (5) herein; and

(b) Located above the first floor only; and

(c) Comply with the standards of § 240-19A(10)(a) through (h) herein.

(2) Bed-and-breakfast operation within an owner-occupied single-family residential structure, subject to the provisions of § 240-11C(6) except Subsections (b)[1] and [2]. No more than six total rooms shall be rented to no more than 12 total guests at any one time in the VB-A Business District. No special permit shall be required in the VB-A Business District. For the purposes of this section, children under the age of 12 years shall not be considered in the total number of guests.

[Amended 9-8-2011 by Order No. 2011-138]

C. Conditional uses. The following uses are permitted as conditional uses in the VB-A District, provided that a special permit is first obtained from the Zoning Board of Appeals subject to the provisions of § 240-125C herein and subject to the specific standards for such conditional uses as required in this section:

(1) Restaurant or other food-service establishment, but not including drive-in restaurants.

(2) Gasoline and oil filling stations subject to the following:

(a) There shall be no sale of vehicles on the same premises; and

(b) There shall be no storage of vehicles on the premises.

(3) Auto service and repair shops subject to the following:

(a) Such use shall be limited to two service/repair bays; and

(b) There shall be no sale of vehicles on the same premises; and

(c) Any outside storage of vehicles shall be screened from view to a height of six feet; and

(d) Any stored vehicles shall bear a current vehicle registration.

(4) Windmills and other devices for the conversion of wind energy to electrical or mechanical energy, subject to the following:

(a) Such use remains accessory to a principal use permitted in Subsection A herein; and

(b) A building permit shall be obtained prior to commencement of construction of such use.

(5) Place of business of blacksmith, decorator, upholsterer or undertaker.

(6) Telephone exchange.

(7) Place of business of building trades subject to the following:

(a) Not more than three full-time employees shall be on the premises at any time; and

(b) Any outside parking of commercial vehicles or equipment shall be screened from view to a height of six feet; and

(c) Any outside storage of materials or supplies shall be screened from view to a height of six feet, and shall be stored to a height not exceeding six feet.

(8) Light manufacturing uses subject to the following:

(a) The building housing such use shall not exceed 2,000 square feet of gross floor area; and

(b) The screening standards of Subsection C(7)(b) and (c) herein.

(9) Storage yard for coal, oil, lumber, or other business dependent on using a railroad siding subject to the following:

(a) The screening standards of Subsection C(7)(b) and (c) herein.

D. (Reserved)[1]

[1] Editor’s Note: Former Subsection D, Conditional uses, was repealed 9-8-2011 by Order No. 2011-138.

E. The following use limitations shall apply within the Barnstable Village VB-A only:

[Added 3-18-2010 by Order No. 2010-068]

(1) Use limitations: A permitted retail establishment, lodging establishment, restaurant, or take-out food establishment shall not include a business which is required by contractual or other arrangement to maintain one or more of the following items: standardized ("formula") array of services and/or merchandise, trademark, logo, service mark, symbol, decor, architecture, layout, uniform, or similar standardized features and which causes it to be substantially identical to more than eight other businesses regardless of ownership or location. Drive-up windows and/or drive-through facilities are prohibited.

(2) Corporate branding prohibition: Buildings, colors, signage, architectural features, text, symbols, graphics, other attention-getting devices and landscape elements that are trademarked, branded or designed to identify with a particular formula business chain or corporation are prohibited. Interior corporate branding elements shall not be visible to the street through windows, doors or any other means.

[Amended 9-8-2011 by Order No. 2011-138]

F. Bulk regulations.

[Amended 9-8-2011 by Order No. 2011-138]

				Minimum Yard Setbacks
Zoning Districts	Minimum Lot Area (square feet)	Minimum Lot Frontage (feet)	Minimum Lot Width (feet)	Front (feet)	Side (feet)	Rear (feet)	Maximum Building Height (feet)	Maximum Lot Coverage as % of Lot Area
VB-A	10,000	20	100	10	302	20	301	25

NOTES:
1	Or two stories, whichever is lesser
2	The minimum total side yard setback shall be 30 feet, provided that no allocation of such total results in a setback of less than the 10 feet, except abutting a residential district, where a minimum of 20 feet is required.
3	No more than 33% of the total upland area of any lot shall be made impervious by the installation of buildings, structures and paved surfaces.
	Front yard landscaped setback from the road lot line: VB-A 10 feet. Existing trees and shrubs shall be retained within the road right-of-way and within the required front yard landscaped setback and supplemented with other landscape materials, in accordance with accepted landscape practices. Where natural vegetation cannot be retained, the front yard landscaped setback shall be landscaped with a combination of grasses, trees and shrubs commonly found on Cape Cod. A minimum of one street tree with a minimum caliper of three inches shall be provided per 30 feet of road frontage distributed throughout the front yard setback area. No plantings shall obscure site at entrance and exit drives and road intersections. All landscaped areas shall be continuously maintained, substantially in accordance with any site plan approved pursuant to Article IX herein.

§ 240-24.1 Downtown Hyannis Zoning Districts. [1]

[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; 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.

§ 240-24.1.1 Downtown Hyannis Zoning Districts.

§ 240-24.1.2 Title.

These districts shall be collectively known as the "Downtown Hyannis Zoning Districts."

§ 240-24.1.3 General provisions.

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.

C. Compliance.

1. Any modification to an existing structure that results in greater conformance to this section is permitted.

2. Any modification to an existing structure that increases an existing nonconformity or creates a new nonconformity is prohibited.

§ 240-24.1.4 Definitions.

A. General.

(1) The following defined words, phrases, and terms are applicable for real property within the Downtown Hyannis Zoning Districts.

ACCESSORY PARKING

Motor vehicle parking spaces that are incidental but supportive of (a) principal building(s).

BUILDING COMPONENT

A structural projection from the main massing or roof of a building that increases habitable square footage or enhances the usefulness of floor area.

COMMERCIAL PARKING

A surface parking lot or structured parking facility providing short- or long-term parking service for a fee.

COMMERCIAL SERVICE

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.

CULTURAL 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.

DEVELOPMENT

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.

FACADE

Any exterior wall of a principal building oriented toward a front lot line.

FENESTRATION

The openings in the facade of a building, including windows and doors.

FOOD AND BEVERAGE SERVICES

The provision of food or beverages for on- or off-site sale or consumption.

FORECOURT

An open space between the forward projecting wings of a building.

FRONTAGE AREA

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.

FRONTAGE TYPE

A distinct combination of facade and frontage area design features.

HEALTH CARE CLINIC

The provision of health care services to patients or clients excluding inpatient or overnight care.

HOSPITAL

A facility for the care and treatment of patients as licensed by the Massachusetts Department of Public Health under MGL c. 111, § 51.

LOT COVERAGE

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.

MODIFICATION

The alteration or structural change of an existing structure and any change to the parking capacity of an existing parking lot.

OFFICE

The administrative, professional, or clerical operations of a business and the provision of outpatient health services to patients or clients by appointment.

OUTBUILDING

A freestanding, fully enclosed structure for an accessory use or for activities customary to the principal use of land or a principal building.

PRINCIPAL BUILDING

The primary building on a lot.

PRINCIPAL ENTRANCE

The addressed entrance to a building or commercial space.

RECREATIONAL FACILITY

The provision of public recreational services including bowling and billiards, and video arcades.

RESEARCH AND DEVELOPMENT

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.

RESIDENTIAL

The provision of living accommodations.

RETAIL SALES

The sale, lease, or rental of new or used goods to the ultimate consumer.

SHRUB, LARGE

A multistemmed, woody plant with an expected mature height of six feet.

SHRUB, MEDIUM

A multistemmed, woody plant with an expected mature height of four feet.

SHRUB, SMALL

A multistemmed, woody plant with an expected mature height of two feet.

STORY

The portion of a building located between the surface of a habitable floor and the surface of the habitable floor or roof next above.

STORY, GROUND

The lowest story of a building with a finished floor at or above the finished ground level next to a building at the facade.

STORY, UPPER

Any story above the ground story of a building.

THROUGH LOT

A lot fronting on two or more improved ways, excluding a corner lot.

TREE, CANOPY

A deciduous tree with an expected mature height of 30 feet or more.

TREE, EVERGREEN

An evergreen tree (conifer) with an expected mature height of 20 feet or more.

TREE, UNDERSTORY

A deciduous tree with an expected mature height of 20 feet or more.

VISITOR ACCOMMODATIONS

The provision of temporary lodging in guest rooms or guest units for a fee.

§ 240-24.1.5 Standards for all Districts.

[Amended 2-12-2026 by Order No. 2026-003; 3-12-2026 by Order No. 2026-005]

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) In the Downtown Neighborhood Zoning District, 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.

(b) In the Downtown Village District and the Downtown Main Street District, "building height" shall be defined as the vertical distance between the elevations of the natural mean grade and the highest point of the roof. The natural mean grade is calculated by taking the average of the existing grade at the proposed building footprint corners.

Figure 1. Building Height

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, but excluding accessible parking spaces required by the Massachusetts Architectural Access Board regulations at 521 CMR 23.00.

(i) Commercial parking uses are exempt from Table 2.

(ii) Parking space dimensions shall be a minimum of nine feet by 18 feet and the drive aisle between spaces shall be a minimum of 20 feet.

(b) Relief from the parking requirements of Table 2 and the parking standards found in Subsection C(2)(a)(ii) 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:

(i) Elimination or reduction of existing curb cuts and driveway aprons.

(ii) Establishment of a shared driveway or cross-access connection between abutting parking lots with a binding easement and joint maintenance agreement defining the responsibilities of abutting property owners sharing access.

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)	1.5	1.5	1.5	N/A	1.5	1.5	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.

4. Signs.

(a) All development shall comply with the applicable signage requirements contained in Article VII, Sign Regulations, at §§ 240-59 through 240-89, inclusive, of the Barnstable Zoning Ordinance. Internally illuminated signs are prohibited in the Downtown Hyannis Zoning Districts.

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.

(b) Drive-throughs require a special permit and are only permitted for the following uses:

(i) Banks (a specific use of the commercial service use category).

(ii) Pharmacies (a specific use of the retail sales use category).

(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.

8. Utilities.

(a) All mechanical equipment must be screened from view from adjacent lots and public rights-of-way and integrated into or compatible with the architectural design of the building.

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:

(i) One canopy tree.

(ii) One understory or evergreen tree.

(iii) Five medium shrubs and five small shrubs or a fence or wall a maximum of four feet in height.

(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:

(i) Two understory or evergreen trees.

(ii) Three large shrubs and five small shrubs or a fence or wall at least six feet in height.

(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:

(i) Two understory or evergreen trees.

(ii) Four medium shrubs.

(iii) Six small shrubs.

(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.

§ 240-24.1.6 Downtown Main Street District (DMS).

[Amended 2-12-2026 by Order No. 2026-007; 3-12-2026 by Order No. 2026-005]

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 three-and-one-half-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 Pleasant 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. (Reserved)

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:

(a) Two understory or evergreen trees.

(b) Three medium shrubs and three small shrubs or a fence or wall at least six feet in height.

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 Height
Lot width	30 feet minimum	E - Number of stories	3.5 maximum
Lot coverage	100% maximum	F- Building Height	44 feet maximum
Facade buildout (minimum)	—	Building Form
Primary frontage	80% minimum	G - Building width	180 feet maximum
Secondary frontage	40% minimum
Setbacks - Principal Buildings		Building Features
A - Primary front setback	0 foot minimum 15 feet maximum	Ground story fenestration	—
B - Secondary front setback	0 foot minimum 15 feet maximum	Primary frontage	60% minimum
C - Side setback	0 foot minimum	Secondary frontage	15% minimum
D - Rear setback	0 foot minimum	Upper story fenestration	15% minimum
		Blank wall	20 feet maximum
		Commercial space depth	20 feet minimum

§ 240-24.1.7 Downtown Village District (DV).

[Amended 1-27-2026 by Board of Health]

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	F - Number of stories	3.5 or 4 maximum
Lot coverage	80% maximum	G - Building width	120 feet maximum
Facade buildout (minimum)	—	Building Features
Primary frontage	80% minimum	Ground story fenestration	—
		Primary frontage	15% minimum
Setbacks - Principal Buildings		Secondary frontage	15% minimum
A - Primary front setback	0 foot minimum 15 feet maximum	Upper story fenestration	15% minimum
B - Secondary front setback	0 foot minimum 15 feet maximum	Blank wall	20 feet maximum
C - Side setback	0 foot minimum	Commercial space depth	20 feet minimum
D - Rear setback	0 foot minimum
Building Height
E - Number of stories	3 maximum
F - Building height	40 feet maximum

§ 240-24.1.8 Downtown Neighborhood District (DN).

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.

B. Lot standards.

1. Newly platted lots must be dimensioned as specified by Table 5.

2. Lot coverage may not exceed the maximum specified by Table 5.

C. Building standards.

1. One principal building and multiple outbuildings are permitted per lot.

2. Principal buildings and outbuildings are permitted as specified by Table 5.

(a) The third story in a single-family or two-family dwelling can only occur within habitable attic space.

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)

§ 240-24.1.9 Downtown Hospital District (DH).

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.

B. Lot standards.

1. Newly platted lots must be dimensioned as specified by Table 6.

2. Lot coverage may not exceed the maximum specified by Table 6.

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

§ 240-24.1.10 Hyannis Harbor District (HH).

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.

B. Lot standards.

1. Newly platted lots must be dimensioned as specified by Table 7.

2. Lot coverage may not exceed the maximum specified by Table 7.

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.

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.

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).

§ 240-24.1.11 Transportation Center District (TC).

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.

B. Lot standards.

1. Newly platted lots must be dimensioned as specified by Table 8.

2. Lot coverage may not exceed the maximum specified by Table 8.

C. Building standards.

1. Multiple principal buildings are permitted per lot.

2. Principal buildings are permitted as specified by Table 8.

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) 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 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.

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

§ 240-24.1.12 Highway Commercial District (HC).

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.

B. Lot standards.

(1) Newly platted lots must be dimensioned as specified by Table 9.

(2) Lot coverage may not exceed the maximum specified by Table 9.

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. 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 large shrubs.

(d) Two small shrubs.

(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 canopy trees.

(b) Three large shrubs and three medium shrubs or a fence or wall at least six feet in height.

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).

§ 240-24.1.13 Tables.

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.

§ 240-24.2 Marstons Mills Village Zoning District.

[Added 6-17-2010 by Order No. 2010-122]

A. Principal permitted uses. The following uses are permitted in the Marstons Mills Village Zoning District (MMVD). Uses not expressly allowed are prohibited.

(1) Professional or business office.

(2) Medical or dental office.

(3) Branch office of a bank or credit union, excluding drive-through banking.

(4) Small-scale retail.

(5) Small-scale food service.

(6) Mixed use development where the building footprint does not exceed 5,000 square feet and total gross floor area does not exceed 10,000 square feet with retail or office use on the first floor, residential apartment units above not to exceed four apartment units.

(7) Bed-and-breakfast within an owner-occupied single-family residential structure subject to the provisions of § 240-11C(6) except Subsection C(6)(b) [1] and [2]. No more than six total rooms shall be rented to not more than 12 total guests at any one time. For the purposes of this section, children under the age of 12 years shall not be considered in the total number of guests.

(8) Single-family residential dwelling (detached).

B. Accessory uses. In addition to Article V, Accessory Uses, herein, the following uses are also permitted as accessory uses in the MMV District.

(1) Apartment incidental to a nonresidential use.

(2) Automated banking facilities (ATM) within a principal building or a walk-up ATM facility located in a side or rear yard.

C. Conditional uses. The following uses are permitted as conditional uses in the MMV District, provided that a special permit is first obtained from the Zoning Board of Appeals, subject to the provisions of § 240-125C herein and the specific standards for such conditional uses as required in this section:

(1) Mixed use development in excess of that permitted as of right above provided that:

(a) The building footprint does not exceed 5,000 square feet and total gross floor area of the building does not exceed 13,300 square feet;

(b) Retail or office use on the first floor with residential apartment units above;

(c) The number of residential apartment units does not exceed seven;

(d) Effluent from the on-site septic system for the mixed use development complies fully with all Board of Health regulations without relief or variances from the Board of Health nitrogen standard for this area; and

(e) The location of the mixed use development is appropriate and compatible with abutting uses and supports abutting uses.

(2) Health clubs.

(3) Artist's lofts.

(4) Art galleries.

(5) Museums.

(6) Performing arts facilities.

(7) Educational institutions.

(8) Bed-and-breakfast inns within an owner-occupied structure that exceed the provisions of accessory uses permitting, provided that the on-site septic system complies fully with all current Board of Health regulations.

(9) Not-for-profit fraternal or social organizations.

D. Special permit standards. In addition to the standards for the grant of a special permit set forth in § 240-125C, the grant of any special permit within the MMVD requires findings to support that the development meets one or more of the following criteria:

(1) The development maintains or improves pedestrian access and outdoor public spaces.

(2) The development contributes to the historic character of the Marstons Mills Village area.

(3) The development eliminates or minimizes curb cuts and driveways on Route 149 and River Road.

E. Bulk regulations.

		Minimum Yard Setbacks
Minimum Lot Area (square feet)	Minimum Lot Frontage (feet)	Front4 (feet)	Side (feet)1	Rear (feet)1	Maximum Building Height (feet)	Maximum Coverage by Structures as a Percentage of Lot Area3
10,000	20	10	0	0	302	20%

Notes:
	1 A minimum thirty-foot side or rear yard setback is required where lot boundaries abut a residential district.
	2 Or 2 1/2 stories, whichever is less, and except that:
		The maximum building height may be increased to 36 feet when the roof pitch is at least six in 12.
		Accessory rooftop equipment may extend to 36 feet, provided that it is set back from all exterior wall(s) by at least 10 feet, and is enclosed or screened with materials compatible with the building, and the equipment and screening are not visible from the ground. Accessory equipment shall not exceed 20% of the roof area.
	3 30% of the total upland area of the lot shall remain pervious and may contain landscaping, tree plantings, mulch or natural vegetation including the requirements of § 240-53.
	4 Front yard landscape setback from the road lot line shall be 10 feet. Existing trees and shrubs shall be retained within the road right-of-way and within the required front yard landscaped setback and supplemented with other landscape materials, in accordance with accepted landscape practices. Where natural vegetation cannot be retained, the front yard landscaped setback shall be landscaped with a combination of grasses, trees and shrubs commonly found on Cape Cod. A minimum of one street tree with a minimum caliper of 3.0 inches shall be provided per 30 feet of road frontage distributed throughout the front yard setback area. No plantings shall obscure the site at entrance and exit drives and road intersections. All landscaped areas shall be continuously maintained, substantially in accordance with any site plan approved pursuant to Article IX herein.

F. Special permit for dimensional relief. The SPGA may provide relief from minimum yard setbacks where the boundary does not abut a residential district, facade length requirements or ground floor window requirements when such relief is consistent with this section and § 240-125C.

G. Nonconforming use limitations. Within the MMVD the change of a nonconforming use to another nonconforming use is prohibited notwithstanding the provisions of § 240-94A. A nonconforming use shall only be permitted to change to a principal permitted use as of right or to a conditional use as provided for by the grant of a special permit pursuant to § 240-24.2C and D herein.

H. Corporate branding. Buildings, colors, signage, architectural features, text, symbols, graphics, other attention-getting devices and landscape elements that are trademarked, branded or designed to identify with a particular formula business chain or corporation is prohibited. All structures and sites shall be designed to include architectural and design elements that are consistent with the MMVD architectural composition, character, and historic context. Interior corporate branding elements shall not be visible to the street through windows, doors or any other means. The Town will work with applicants to adapt critical functional features of prototype plans to their sites, but will not accept standard plans, building forms, elevations, materials, or colors that do not relate to the site, adjacent development or Marstons Mills community character.

I. Design guidelines. Within the MMVD the following design guidelines shall apply to all new buildings and structures and/or expansions and alteration to existing buildings and structures as follows:

(1) Facade and roof standards.

(a) Facade length. Buildings or portions of a building with a mass over 50 feet wide must divide their elevations into smaller parts. A pronounced change in massing, pronounced changes in wall planes and introducing significant variations in the cornice/roofline are all possible methods to accomplish the desired divisions of elevations into smaller parts.

(b) Roof pitch. Roof pitch for new structures and additions to existing structures shall be within the range of roof pitches found on the main roofs of existing structures within the MMVD. Flat roofs may extend up to 20 linear feet only in combination with other pitched roof elements by right or, if greater than 20 feet with other pitched roof elements, through a special permit.

(c) Roofline variation. Roofline variation is achieved by visually and physically changing roof direction or off-setting roof peaks and ridgelines, both horizontally and vertically. The roofline shall be varied on all elevations visible from a street, parking area, or public space. Individual segments of the roofline shall not extend more than 30 feet in width measured horizontally.

(2) Ground floor windows. Religious institutions are exempt from ground floor window requirements.

(a) All new nonresidential development or redevelopment shall provide ground floor windows for facades facing the street, including windows that allow views into working areas or lobbies, pedestrian entrances, or display windows. The glazing pattern shall be aligned in regular and traditional patterns found within the MMVD.

(b) In new and redeveloped nonresidential structures, windows that block two-way visibility, such as darkly tinted and mirrored windows, are prohibited as ground floor windows along street facades.

(c) In new and redeveloped nonresidential structures, any wall that is within 30 feet of the street shall contain at least 20% of the ground floor wall area facing the street in display areas, windows, or doorways. Blank walls, including walls that do not include display areas, windows, architectural features, and/or doorways, are prohibited.

(3) All structures within the MMVD shall utilize at least four of the following design features:

(a) Gables.

(b) Offsets on the building face or roof of at least two inches.

(c) Gable dormers.

(d) Cupolas or other appropriate roof elements.

(e) Covered porch or recessed entry area.

(f) Window shutters.

(g) Horizontal lap siding.

(h) Wood shingles.

(4) Divided light windows metal-sided buildings are prohibited within the Marstons Mills Village District.

(5) Drive-through and drive-up windows are prohibited within the Marstons Mills Village District.

(6) The design of all structures and materials selected for their exterior surfaces will utilize scale, color and materials that enhance and promulgate the traditional small-scale village character currently found in the MMVD.

(7) Signs. In addition to compliance with Article VII, Sign Regulations, the following restrictions shall also apply to all signs in the MMVD.

(a) Internally illuminated signs, halo and backlit signs are prohibited in the MMVD.

(b) Business identity, either by awnings, accent bands, paint or other applied color schemes, signage, decorative roof details or materials should not be the dominant architectural feature.

J. Site development standards. In addition to Article IX, Site Plan Review, and Article VI, Off-Street Parking, the following additional requirements shall apply within the MMVD.

(1) Loading docks. Loading docks shall be screened from Route 149, River Road and Main Street with landscaping or fencing materials of an appropriate scale.

(2) To the greatest extent feasible, all new parking areas shall be located to the side and rear of the building. Parking is not permitted in the required front yard setback with the exception of parking required by ADA compliance as determined by the Building Commissioner.

(3) Curb cuts and driveways.

(a) Shared driveways and parking area interconnections are strongly encouraged. No more than one curb cut on Route 149, River Road and Main Street shall be allowed for any lot. For traffic safety and to maintain traffic flow, no new driveways shall be permitted on Route 149, River Road and Main Street within 200 feet of any intersection.

(b) Driveways shall not exceed the width required by site plan review

(4) Lighting.

(a) All developments shall use full cutoff light fixtures for exterior lighting in which no more than 2.5% of the total output is emitted at 90° from the vertical pole or building wall on which it is mounted.

(b) Flood, area and up lighting is prohibited.

K. Definitions. The following terms are defined for the purpose of the MMVD and shall not be construed to apply to other regulations.

APARTMENT

One or more rooms with private bath and kitchen facilities comprising an independent self-contained rental dwelling unit (a unit not owned in fee simple) located in a building where the principal use is nonresidential.

MIXED USE DEVELOPMENT

Development including at least one residential unit and at least one nonresidential use on a single lot or several nonresidential uses on a single lot. In the MMV District, for every four apartment units permitted, one of those units shall be dedicated as affordable in addition to the provisions of Chapter 9, Article I, Inclusionary Affordable Housing Requirements.

SMALL-SCALE FOOD SERVICE

An establishment where food is served to customers by wait staff. Small-scale food service does not include restaurants designed to serve a large volume of customers. Small-scale food service is subject to corporate branding limitations as described herein. These uses are intended to increase pedestrian traffic.

SMALL-SCALE RETAIL

Small stores and businesses, including but not limited to, corner groceries, artist space, bookstore, galleries and other small retail uses typically found in small New England towns. Small-scale retail does not include retail or commercial buildings or storage designed to serve a large volume of customers, e.g. gasoline and oil filling stations, garages for automotive or machine repair. Small-scale retail is subject to corporate branding limitations as described herein. These uses are intended to increase pedestrian activity.

§ 240-25 HB Business District.

[Amended 11-7-1987 by Art. 1; 5-7-1988 by Art. 4; 3-11-1999 by Order No. 99-058; 12-20-2018 by Order No. 2019-032]

A. Purpose. The proposed amendments to the Highway Business District strive to encourage investment in Barnstable's aging commercial corridors and respond to current market demands, while promoting an increase in property values, appropriate protection for adjacent residential land uses, and Barnstable's unique character and exceptional quality of life.

B. Principal permitted uses. The following uses are permitted in the HB Business District:

(1) Art galleries.

(2) Artisan, craftspersons, and meakers.

(3) Artists' lofts.

(4) Bank.¹

(5) Bed-and-breakfasts, subject to the provisions of § 240-11C(6).

(6) Business support services.

(7) Dwelling, single-family.

(8) Dwelling, two-family.

(9) Dwelling, multifamily.

(10) Educational institutions.

(11) Fraternal or social organizations.

(12) Health club.

(13) Mixed use development.

(14) Movie theatre.

(15) Museums.

(16) Office, business and professional.

(17) Office, dental or medical.

(18) Performing arts facilities.

(19) Personal service establishments.

(20) Recreational establishment.

(21) Research and development, technological and computer research, software development and data processing including computer operations services.

(22) Restaurant and other food establishment.¹

(23) Retail and wholesale.¹

(24) Senior living, assisted living

(25) Senior living, nursing homes.

(26) Veterinary hospital/clinic.²

¹ Drive-throughs shall be permitted accessory to such use, subject to the issuance of a Special Permit pursuant to § 240-25C herein.

² The landscape setback from all residential property lines shall be 20 feet. Within the landscape buffer, existing mature trees shall be retained and shall be supplemented with plantings that will provide dense year-round screening, or a solid fence with landscape plantings on the residential side.

³ Parking areas for commercial vehicles and any exterior areas used for loading or storage and dumpsters shall be screened from view from the public way.

C. Conditional uses. The following uses are permitted as conditional uses in the HB District, provided that a special permit is first obtained from the Zoning Board of Appeals subject to the provisions of § 240-125C herein and subject to the specific standards for such conditional uses as required in this section, and to a finding that such uses do not substantially adversely affect the public health, safety, welfare, comfort or convenience of the community:

(1) Auto service and repair shops.¹

(2) Building, sale, rental, storage and repair of boats.¹

(3) Car rental services.¹

(4) Contractors' yards.^{1, 2}

(5) Funeral home or mortuary.¹

(6) Hotel and motel, subject to the provisions in § 240-22F.¹[1]

[1] Editor's Note: So in original.

(7) Manufacturing, light and industrial uses.^{1, 2}

(8) Retail, gasoline or diesel.¹

(9) Warehouse or distribution.^{1, 2}

(10) Drive-throughs for banks, retail uses, and restaurants and other food service establishments.

(11) Contractor service establishments.^{1, 2}

¹ The landscape setback from all residential property lines shall be 10 feet. Within the landscape buffer, existing mature trees shall be retained and shall be supplemented with plantings that will provide dense year-round screening, or a solid fence with landscape plantings on the residential side.

² Parking areas for commercial vehicles and any exterior areas used for loading or storage and dumpsters shall be screened from view from the public way.

D. Bulk regulations.

Minimum Yard Setbacks (Feet)
Zoning District	Minimum Lot Area (square feet)	Minimum Lot Frontage (feet)	Minimum Lot Width (feet)	Front	Rear	Side	Maximum Building Height (feet)	Maximum Lot Coverage as % of Lot Area
HB	15,000	20	100	201, 2	20	10	383	30

¹ Forty feet along Route 28 and Route 132.

² The front yard setback shall be a landscape setback in which existing trees and shrubs shall be retained within and supplemented with other landscape materials in accordance with accepted landscape practices. Where natural vegetation cannot be retained, the front yard landscape setback shall be landscaped with a combination of grasses, trees and shrubs commonly found on Cape Cod. A minimum of one street tree with a minimum caliper of three inches shall be provided per 30 feet of road frontage and distributed throughout the front yard landscape setback area. No plantings shall obscure site entrance and exit drives and/or road intersections. All landscape areas shall be continuously maintained substantially in accordance with Article IX herein.

³ Or three stories, whichever is lesser.

E. District-wide design and performance standards.

(1) Applicability.

(a) Design and performance standards for the Highway Business District are provided in this subsection. Design and performance standards shall apply to expansions and modifications and new development as defined herein. Design and performance standards shall not apply to changes of use or tenancy changes in an existing building or expansions or modifications below the thresholds defined in Subsection E(1)(a)[1].

[1] Expansions or modifications. A project shall be considered an expansion or modification where any alterations to an existing building are proposed that exceed the following thresholds, but do not meet the designation of New Development as described in Subsection E(1)(b) below:

[a] An expansion of the footprint of a building by more than 20%.

[b] More than 50% of the exterior walls or 50% of the roof area are completely removed or replaced.

[i] Alterations to existing structures to accommodate second- or third-floor additions shall not be considered for the purposes of calculating this subsection.

[2] Changes to the interior of a structure or the addition of accessory equipment shall not be considered when determining what constitutes an expansion or modification.

(b) New development. A project shall be considered new development where a building for a principal use is proposed for construction that did not previously exist within the HB. New development may include new construction or demolition and reconstruction.

(2) Building design standards.

(a) In addition to the site plan review submittal requirements of § 240-102, architectural elevations shall be submitted.

(b) Building facades.

[1] Building facades shall not contain blank wall areas that exceed 25 linear feet, measured parallel to the street.

[2] New development shall vary the building footprint so that there are pronounced changes in the wall planes and building mass as defined herein. For every 50 linear feet of facade, at least 10 feet projection or setback in the facade should be accommodated. The recess or projection can be split into several components, but changes in the facade line of 10 feet or greater are most likely to reduce the visual impact of the building mass.

(c) Building entries.

[1] All buildings shall have an orientation to and entrance from the sidewalk along the primary building frontage. Entrances shall be visually distinctive from the remaining portions of the facade along which they are located.

(d) Roof.

[1] Parapet walls along the roof shall feature three-dimensional cornice treatments or other shadow-creating details.

(e) Building materials.

[1] The following building materials are prohibited on any facade:

[a] Plain concrete block.

[b] Glass block.

[c] Exposed aggregate (rough finish) concrete wall panels.

[d] Plastic.

[e] Corrugated metal.

(f) Multitenant centers. Multitenant retail centers shall comply with the following additional design standards.

[1] A cohesive character is required through the use of coordinated building design, hardscape treatment (special paving materials, lighting, etc.) and landscaping.

(3) Parking lot design standards.

(a) All new development shall comply with § 240-54, Location of parking lot in relation to buildings, which states: "Parking lots shall be located to the rear or side of a building unless such location would have an adverse environmental impact or is infeasible due to configuration of the site."

(4) Site design standards.

(a) Sites shall incorporate safe pedestrian access to the building(s) from the public right-of-way and safe pedestrian circulation within the development. Where pedestrian connections cross primary vehicular driveways or aisles, the walkways shall be designed to clearly show the space is dedicated to pedestrian traffic through the use of raised or alternative surfaces.

(b) Parking areas shall include provisions for the "parking" of bicycles in bicycle racks in locations that are safely segregated from automobile traffic and parking. For parking areas of 10 or more spaces, bicycle racks facilitating locking shall be provided to accommodate one bicycle per 20 parking spaces or fraction thereof.

(5) Screening.

(a) Storage areas, loading docks, rooftop equipment, utility buildings, dumpsters and similar features shall be screened so as not to be visible to a pedestrian from within the right-of-way of a street abutting the property containing the building. The screening shall complement the design of the building through the use of similar materials, colors, finishes and architectural details. Plant materials may be used for ground level screening.

(b) Access. Driveways on Route 28, Route 132 and West Main Street shall be minimized. All driveways and changes to driveways shall:

[1] Provide the minimum number of driveways necessary to provide safe and convenient vehicular and emergency vehicle access.

[2] Provide shared access with adjacent development where feasible.

[3] Provide a driveway interconnection between adjacent parcels to avoid short trips and conflicts on the main road.

F. Definitions. The following terms are defined for the purpose of the HB and shall not be construed to apply to other regulations:

ARTISAN, CRAFTSPERSONS AND MAKERS

A small-scale use employing people who practice manual skills to produce ornamental or functional works in limited quantities. A key feature of works produced by artisans, craftspeople or makers is the high degree of manual or specialized technical expertise involved. Examples include artists or makers in a variety of mediums, designers, and art conservation.

ARTIST'S LOFT

A place designed to be used as both a dwelling and a place of work by an artist, artisan, or craftsperson, including persons engaged in the application, teaching, or performance of fine arts, such as drawing, vocal or instrumental music, painting, sculpture, photography, graphics, media arts, and writing. The work activities shall not adversely impact the public health, safety, and welfare, or the livability, functioning, and appearance of adjacent property.

AUTO SERVICE AND REPAIR SHOPS

A facility for the general repair and maintenance of motor vehicles, including motor vehicle inspections and car washes. This definition shall exclude vehicle dismantling or salvage.

CONTRACTOR SERVICE ESTABLISHMENTS

Wholesale sales and distribution of building materials including plumbing, carpentry, lumber, electrical, heating and air conditioning, and other similar service or repair businesses; associated showrooms and sales/display space customarily accessory to such uses.

CONTRACTORS' YARDS

Landscaping, construction and site preparation, and other similar service businesses, provided that all outdoor storage of building materials, trucks and landscaping equipment and materials, are screened from view from public ways.

EDUCATIONAL INSTITUTIONS

A public or private facility that offers in-classroom instruction at the PreK-12 or post-secondary levels. The institution may also have research facilities and/or professional schools that grant master and doctoral degrees. "Educational institutions" also include facilities that offer in-classroom vocational instruction in industrial, clerical, computer, managerial, automotive, repair (electrical, plumbing, carpentry, etc.), or commercial skills, or a business conducted as a commercial enterprise, such as a school for general educational development or driving school.

FRATERNAL OR SOCIAL ORGANIZATIONS

A building or land used for the activities of an association of persons for the promotion of some nonprofit common objective, such as literature, science, politics, and good fellowship (not accessory to, or operated as, or in connection with a tavern, eating place, or other place open to the public), which meets periodically and may be limited to members.

FUNERAL HOME OR MORTUARY

An establishment providing services such as preparing the human dead for burial and arranging and managing funerals, and may include limited caretaker facilities. This classification excludes cemeteries, crematoriums, and columbariums.

HEALTH CLUB

A facility for the purpose of physical exercise or wellness open only to members and guests or open to the public for a fee. It shall include health and fitness clubs, and specialty fitness uses, such as yoga studios or cross-fit facilities and may include customary accessory uses.

MIXED USE DEVELOPMENT

Development including at least one residential unit and at least one nonresidential use on a single lot; or development including several nonresidential uses on a single lot.

MUSEUMS

A public or private facility, including an aquarium, established for preserving and exhibiting artistic, historical, scientific, natural or man-made objects of interest, designed to be used by members of the public for viewing, with or without an admission charge. Such activity may include, as an accessory use, the sale of memorabilia, crafts work and artwork, and the holding of meetings and social events.

OFFICE, DENTAL OR MEDICAL

A building or portion of a building in which the primary use is the provision of health-care services to patients or clients by an appointment only. Such services may include the following: medical, dental, psychiatric, psychological, chiropractic, dialysis, acupuncture, reflexology, mental health professional, physical and/or occupational therapy, related medical services, or a laboratory which provides bacteriological, biological, medical, x-ray, pathological and similar analytical or diagnostic services to doctors or dentists.

PERFORMING ARTS FACILITY

An enclosed space suitable for a variety of cultural arts performances, permanently available for the primary principal use of public performing arts presentations, such as plays, dances, and concerts, although incidental use for private meetings, exhibits and presentations shall be permitted. Such space may also include studios, classrooms, and galleries.

PERSONAL SERVICE ESTABLISHMENT

An establishment engaged in the provision of frequent or recurrent needed services of a personal nature. Typical uses include, but are not limited to, barbershop, beauty shop, dry cleaner, tailor, or other similar services.

RECREATIONAL ESTABLISHMENT

An establishment engaged in the provision of public recreational services, including bowling and billiards.

RETAIL, GASOLINE AND/OR DIESEL

A facility where gasoline, diesel or any other automotive engine fuel is stored only in underground tanks and offered for sale directly to the public on the premises. Retail, gasoline and/or diesel shall be subject to the requirements of § 240-35, Groundwater Protection Overlay Districts.

SENIOR LIVING, ASSISTED LIVING

A combination of housing, ancillary support services and personalized care that is designed to respond in a homelike setting to the individual needs of adults requiring help with activities of daily living, but who do not require the skilled medical care provided in a nursing home.

SENIOR LIVING, NURSING HOMES

A facility, including for the aged or chronically ill, providing bed-care and in-patient services for persons requiring regular medical attention, but excluding a facility providing surgical or emergency medical services and including skilled nursing care facilities.

VETERINARY HOSPITAL/CLINIC

A facility maintained by or for the use of a licensed veterinarian in the diagnosis, treatment, or prevention of animal diseases and injuries. Use as a kennel shall be limited to short-term boarding and shall be only incidental to such hospital use.

§ 240-26 HO Highway Office.

A. Standards applicable to all uses within the HO Highway Office District:

(1) Naturally occurring vegetation, including trees shall be incorporated into the design of the site wherever possible, and natural vegetation shall be retained in landscaped buffer areas to the maximum extent feasible. The limit of clearing shall be indicated on plans submitted to site plan review pursuant to Article IX herein. No clearance of vegetation shall occur prior to submission to site plan review.

(2) No nonresidential development shall have principal vehicular access through a single-family residentially zoned area, or principal vehicular access via a road located in a single-family residential zoning district.

(3) Building and site design shall, in so far as practical, conform to officially published, local and regional design guidelines applicable to Cape Cod.

B. Principal permitted uses. The following uses are permitted in the HO Highway Office Zone:

(1) Business, professional and governmental office; bank, including drive-through facilities.

(2) Medical, dental office and clinic, including patient treatment facilities.

(3) Technological and computer research, data processing; computer operations.

(4) Publishing and printing operations.

C. Accessory uses. (Reserved for future use.)

D. Conditional uses. (Reserved for future use.)

E. Special permit uses. (Reserved for future use.)

F. Bulk regulations.

[Amended 7-16-1998 by Order No. 98-133; 3-11-1999 by Order No. 99-056; 3-11-1999 by Order No. 99-058]

				Minimum Yard Setbacks (feet)
Zoning Districts	Minimum Lot Area (square feet)	Minimum Lot Frontage (feet)	Minimum Lot Width (feet)	Front	Side	Rear	Maximum Building Height (feet)	Maximum Floor Area Ratio 2
HO	2 acres	200	—	45	15	20	301	0.3

1	Or two stories, whichever is lesser.
3	Floor area ratio (FAR) is the ratio of gross building square feet to lot area.
	NOTE: Front yard landscaped setback from the road lot line: 45 feet. Existing trees and shrubs shall be retained within the road right-of-way and within the required front yard landscaped setback. Where natural vegetation cannot be retained, the front yard landscaped setback shall be landscaped with a combination of grasses, trees and shrubs commonly found on Cape Cod. A minimum of one street tree with a minimum caliper of three inches shall be provided per 30 feet of road frontage distributed throughout the front yard setback area. No plantings shall obscure site at entrance and exit drives and road intersections. All landscaped areas shall be continuously maintained, substantially in accordance with any site plan approved pursuant to Article IX herein.

(1) Dimensional requirements.

(2) Landscape buffer:

(a) Landscape buffer from side yard: 10 feet.

(b) Landscape buffer from rear yard: 20 feet.

(c) Natural vegetation shall be retained in landscape buffers and supplemented, or replanted where natural vegetation has been lost, with similar plant materials common to Cape Cod, including bushes, trees and ground cover.

§ 240-27 S&D Service and Distribution District.

[Amended 7-16-1998]

A. Principal permitted uses. The following uses are permitted in the S&D District:

(1) Retail store.

(2) Professional/business office.

(3) Bank.

(4) Personal service store/shop.

(5) Warehouse and distribution facility.

(6) Servicing, storing and processing of goods in transit.

(7) Facilities for service-type trades, including shops and storage yards.

B. Accessory uses. The following uses are permitted as accessory uses in the S&D district.

(1) Offices, garages and related facilities for uses listed as principal permitted uses in Subsection A herein.

C. Conditional uses. The following uses are permitted as conditional uses in the S&D District provided a special permit is first obtained from the Zoning Board of Appeals subject to the provisions of § 240-125C herein and subject to the specific standards for such conditional uses as required in this section:

(1) Full-service restaurants and delicatessens.

(2) Kennels as defined in MGL Ch. 140, § 136A, or other similar facilities for the breeding, boarding, sale or training and related treatment of common domestic pets subject to the following:

(a) The Board may impose reasonable conditions, including without limitation, measures for security and the reduction or containment of noise so as to render such uses as inoffensive as practicable.

(3) Windmills and other devices for the conversion of wind energy to electrical or mechanical energy, but only as an accessory use

(4) Public or private regulation golf courses subject to the provisions of § 240-11C(2) herein.

D. Special permit uses. (Reserved for future use.)

E. Bulk regulations.

				Minimum Yard Setbacks (feet)
Zoning Districts	Minimum Lot Area (square feet)	Minimum Lot Frontage (feet)	Minimum Lot Width (feet)	Front	Side	Rear	Maximum Building Height (feet)	Maximum Lot Coverage as % of Lot Area
S&D	43,560	20	160	60	25	40	301	25

1

Or two stories, whichever is lesser.

NOTE: Front yard landscaped setback from the road lot line: S &D: 20 feet, 60 feet from Route 28. Existing trees and shrubs shall be retained within the road right-of-way and within the required front yard landscaped setback and supplemented with other landscape materials, in accordance with accepted landscape practices. Where natural vegetation cannot be retained, the front yard landscaped setback shall be landscaped with a combination of grasses, trees and shrubs commonly found on Cape Cod. A minimum of one street tree with a minimum caliper of three inches shall be provided per 30 feet of road frontage distributed throughout the front yard setback area. No plantings shall obscure site at entrance and exit drives and road intersections. All landscaped areas shall be continuously maintained, substantially in accordance with any site plan approved pursuant to Article IX herein. [Amended 3-11-1999 by Order No. 99-056]

§ 240-28 SD-1 Service and Distribution District.

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]

§ 240-29 SCCRCOD Senior Continuing Care Retirement Community Overlay District. [1]

[Added 6-21-2007 by Order No. 2007-160; amended 2-28-2008 by Order No. 2008-057]

[1] Editor's Note: Former § 240-29, MA-1 Business District, as amended, was repealed 7-14-2005 by Order No. 2005-100. The specific requirements for the SCCRCOD District are found in §§ 240-29.1 through 240-29.11.

§ 240-29.1 Purpose.

[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.

§ 240-29.2 Definitions.

[Added 6-21-2007 by Order No. 2007-160; amended 2-28-2008 by Order No. 2008-057]

As used in this § 240-29, the following terms shall have the meanings indicated:

APPLICANT

The person or persons, including a corporation or other legal entity, who applies for approval of a Senior Continuing Care Retirement Community Overlay District (SCCRCOD) hereunder. The applicant must own, or be the beneficial owner of, all the land included in the proposed SCCRCOD, or have authority from the owner(s) to act for the owner (s) or hold an option or contract duly executed by the owner(s) and the applicant giving the latter the right to acquire the land to be included in the site.

ASSISTED-LIVING UNITS

Residential living units in which supportive services are offered for individuals who need assistance in activities of daily living.

BUILDING HEIGHT

Building height shall be measured as the vertical distance from the grade plane to the average height of the highest roof plane that also has the highest ridgeline.

BUILDING STORY

The vertical distance from top to top of two successive tiers of beams or finished floor surfaces; and, for the topmost story, from the top of the floor finish to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters.

CONTINUING CARE RETIREMENT COMMUNITY

A facility which may include a wide range of housing types including studio, one-, two-, and three-bedroom apartments, townhouses, duplexes, clusters or single-family homes and which offers a continuum of services ranging from in-home services to on-site nursing home care. The facility shall include independent living units, assisted living units and skilled nursing home facilities. The facility may include accessory uses for the benefit of the residents which accessory uses are subordinate and incidental to the continuing care retirement community as determined by the Town of Barnstable Planning Board. Other than nursing home beds, the facility shall meet the Town's Inclusionary Ordinance, Chapter 9 of the Barnstable Code, requiring that 10% of the units be affordable as "affordable" is currently defined under Chapter 9, with the exception that required affordable units may be provided off-site. In the event that off-site units are allowed, the applicant shall provide such units in accordance with § 240-29.3 below.

GRADE PLANE

A reference plane representing the average of the finished ground level adjoining the building at all exterior walls. The reference plane shall be established by using the lowest points of grade within the area between the building and a point six feet from the building.

SENIOR PERSON

Person aged 55 or older or in the case of a couple, one spouse must be over the age of 55. It may include a developmentally disabled adult person under the age of 55.

SPECIAL PERMIT GRANTING AUTHORITY

For the purposes of this section, the Barnstable Planning Board shall be the special permit granting authority.

NURSING OR CONVALESCENT HOME

Any dwelling or building with sleeping rooms for people who are housed or lodged with meals and nursing care for hire, as licensed by the Massachusetts Department of Public Health under MGL c. 111 §§ 71 through 73, as amended.

VISITABILITY

Shall mean that a dwelling unit has no steps between the exterior walking surface adjacent to the unit and the interior primary floor level of the unit; that at least one egress door from the unit be at least three feet wide; that all primary floor passage doors in the unit are at least two feet eight inches wide; and that at least one toilet room be located on the primary floor of the unit.

§ 240-29.3 Description of district.

[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.

§ 240-29.4 Location.

[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.

§ 240-29.5 Concept plan.

[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.

§ 240-29.6 Map amendment.

[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.

§ 240-29.7 Application for special permit.

[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.

§ 240-29.8 Joint Cape Cod Commission Review.

[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.

§ 240-29.9 Standards.

[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]

§ 240-29.10 Decision.

[Added 6-21-2007 by Order No. 2007-160; amended 2-28-2008 by Order No. 2008-057]

The Planning Board may grant a special permit for a SCCRCOD where it makes the following findings:

A. The SCCRCOD complies with all applicable Subdivision Rules and Regulations,[1] except as they may be waived by the Board.

[1] Editor's Note: See Ch. 801, Subdivision Regulations.

B. The SCCRCOD does not cause substantial detriment to the neighborhood.

C. The SCCRCOD is consistent with the Town of Barnstable Local Comprehensive Plan.

D. The SCCRCOD provides an effective and unified treatment of the development on the project site making appropriate provision for environmental protection, the preservation of scenic features, sensitive habitat and other amenities of the site and the surrounding areas.

E. The SCCRCOD is planned and developed to harmonize with any existing or proposed development in the surrounding area.

F. The applicant has provided mitigation that sufficiently addresses the impacts of the SCCRCOD.

G. The SCCRCOD provides services which are tailored to the needs of senior persons and may include meals, housekeeping, transportation, health care services and personal care assistance, and the benefits of the development for the residents and the community outweighs the detriments.

H. The SCCRCOD complies with the standards established in §§ 240-29.9 and 240-29.3 except as they may be waived by the Board based upon a finding that the waivers granted do not jeopardize health and safety and do not diminish environmental and aesthetic protections. Nothing herein shall allow the Board to waive the minimum twelve-percent off-site inclusionary housing requirement.

I. Where a phasing plan has been proposed, that the applicant has demonstrated good cause to phase the development and that the approved phasing plan is consistent with the provisions of the SCCRCOD.

[Added 6-18-2009 by Order No. 2009-139]

§ 240-29.11 Transferability.

[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.

§ 240-30 Medical Marijuana Overlay District. [1]

[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.

(e) Site plan: The proposal is subject to the provisions of Article IX, Site Plan Review, § 240-102.

(f) Security plan: The security plan shall be submitted to the Chief of Police who shall provide written comment to the Board as to the adequacy or inadequacy of the security provisions and plans.

(g) Building elevations and signage: Architectural drawings of all exterior building facades and all proposed signage, specifying materials and colors to be used. Perspective drawings and illustrations of the site from public ways and abutting properties are recommended but not required.

(h) 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]

(a) The medical marijuana treatment center complies with all requirements of this section, including but not limited to Subsections E and F in their entirety.

(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.

§ 240-31 Registered recreational marijuana cultivators, research facilities and testing laboratories. [1]

[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. 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.

CANNABIS or MARIJUANA or MARIHUANA

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:

(1) 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;

(2) Hemp; or

(3) The weight of any other ingredient combined with cannabis or marijuana to prepare topical or oral administrations, food, drink or other products.

CRAFT MARIJUANA COOPERATIVE

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.

RECREATIONAL MARIJUANA ESTABLISHMENT, INDEPENDENT TESTING LABORATORY

A laboratory that is licensed by the Cannabis Control Commission and is:

(1) 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;

(2) Independent financially from any medical marijuana treatment center, marijuana establishment or licensee for which it conducts a test; and

(3) Qualified to test cannabis or marijuana in compliance with 935 CMR 500.160 and M.G.L. c. 94C, § 34.

RECREATIONAL MARIJUANA ESTABLISHMENT, MARIJUANA CULTIVATOR

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.

RECREATIONAL MARIJUANA ESTABLISHMENT, MARIJUANA RESEARCH FACILITY

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.

(j) Signage. The signage requirements of the underlying zoning district pursuant to Article VII of this chapter shall apply. The Planning Board may impose additional restrictions on signage, as appropriate, to mitigate any aesthetic impacts.

(k) Groundwater protection. Marijuana cultivators, research facilities and independent testing laboratories shall be subject to the requirements of § 240-35, Groundwater Protection Overlay Districts, as applicable.

(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.

D. Site plan review for marijuana cultivators, research facilities and independent testing laboratories. Marijuana cultivators, research facilities and independent testing laboratories shall be subject to Article IX, Site Plan Review, § 240-102.

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.

G. Severability. The provisions of Article III, § 240-31, are severable. If any provision shall be held to be invalid or unconstitutional by any court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

[1] Editor's Note: Former § 240-31, B-1 Business District, added 7-19-2001 by Item Nos. 2001-037, 2001-038, 2001-039, was repealed 7-14-2005 by Order No. 2005-100. Said § 240-31, was subsequently repealed again 6-1-2006 by Order No. 2006-136.

§ 240-32 IND Limited Industrial District.

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.

§ 240-33 IND Industrial District.

A. Principal permitted uses.

(1) The following uses are permitted in the IND District:

(a) Any use permitted in the B District.

(b) Lumber, fuel and ice establishments.

(c) Contractors' yards.

(d) Manufacturing and industrial uses.

(e) Any use permitted in the S&D District.

(f) Recreation ice rink facilities.

(g) Sports and recreation facility.

[Added 8-17-2017 by Order No. 2017-165]

(2) Specifically prohibited are petroleum refineries, landfills, resource recovery facilities, sewerage treatment facilities which process and discharge less than tertiary-treated effluent, and any other use which involves as a principal activity the manufacture, storage, use, transportation or disposal of toxic or hazardous materials.

B. Accessory uses. (Reserved for future use.)

C. Conditional uses. The following uses are permitted as conditional uses in the IND District, provided that a special permit is first obtained from the Zoning Board of Appeals subject to the provisions of § 240-125C herein and subject to the specific standards for such conditional uses as required in this section:

(1) Kennels as provided for in § 240-27C(2) herein.

(2) Windmills and other devices for the conversion of wind energy to electrical or mechanical energy, but only as an accessory use.

(3) Public or private regulation golf courses subject to the provisions of § 240-11C(2) herein.

D. Special permit uses. (Reserved for future use.)

E. Bulk regulations.

[Amended 8-17-2017 by Order No. 2017-165]

				Minimum Yard Setbacks (feet)
Zoning Districts	Minimum Lot Area (square feet)	Minimum Lot Frontage (feet)	Minimum Lot Width (feet)	Front1	Side2	Rear2	Maximum Building Height (feet)	Maximum Lot Coverage as % of Lot Area4
IND	90,000	20	200	60	30	30	303	25

1	For sports and recreation facilities, outdoor uses (e.g., fields, tracks, courts and swimming pools, etc.) and their accessory structures with a footprint of less than 2,000 square feet shall have a minimum front yard setback of 20 feet; provided however, that for such outdoor uses which are temporarily (i.e., not more than 182 days) covered by an air-supported or removable bubble/dome, said temporary bubble/dome shall have a minimum front yard setback of 15 feet. Retaining walls (including those used for outdoor climbing) and outdoor field/court lighting for sports and recreation facilities shall not be subject to these setbacks.
2	For sports and recreation facilities, outdoor uses (e.g., fields, tracks, courts and swimming pools, etc.) and their accessory structures with a footprint of less than 2,000 square feet shall have a minimum side and rear setback of 10 feet; this ten-foot side/rear setback shall also apply to such outdoor uses which are temporarily (i.e., not more than 182 days) covered by an air-supported or removable bubble/dome. Retaining walls (including those used for outdoor climbing) and outdoor field/court lighting for sports and recreation facilities shall not be subject to these setbacks.
3	Or two stories, whichever is lesser; except that for sports and recreation facilities, the maximum building height shall be 55 feet measured to the highest point on the roof (not including antennas or similar roof fixtures).
4	For sports and recreation facilities, the following outdoor uses shall not be considered structures included in this calculation: open-air solar-mounted carports, fields (grass or turf), courts, tracks, swimming pools, retaining walls, and similar outdoor, open-air features; additionally, any such outdoor uses which are temporarily (i.e., not more than 182 days) covered by an air-supported or removable bubble/dome shall not be included in this calculation.

F. Special screening requirements. The provisions of § 240-32F herein shall apply to all uses, except they shall not apply to sports and recreation facilities.

[Amended 8-17-2017 by Order No. 2017-165]

§ 240-34 Floodplain District.

[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:

(a) Such proposals minimize flood damage.

(b) Public utilities and facilities are located and constructed so as to minimize flood damage.

(c) Adequate drainage is provided.

(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.

(9) The following shall be prohibited within flood areas designated as V Zones:

(a) Use of fill.

(b) Mobile homes.

(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. The following definitions apply to the interpretation of this chapter:

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. [U.S. Code of Federal Regulations, Title 44, Part 59]

FLOODWAY

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]]

FUNCTIONALLY DEPENDENT USE

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]

HIGHEST ADJACENT GRADE

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]

HISTORIC STRUCTURE

Any structure that is:

(1) 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;

(2) 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;

(3) 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

(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(a) By an approved state program as determined by the Secretary of the Interior; or

(b) Directly by the Secretary of the Interior in states without approved programs.

[U.S. Code of Federal Regulations, Title 44, Part 59]

NEW CONSTRUCTION

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]

RECREATIONAL VEHICLE

A vehicle which is:

(1) Built on a single chassis;

(2) 400 square feet or less when measured at the largest horizontal projection;

(3) Designed to be self-propelled or permanently towable by a light-duty truck; and

(4) 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]

SPECIAL FLOOD HAZARD AREA

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]]

START OF CONSTRUCTION

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]]

STRUCTURE

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]

SUBSTANTIAL REPAIR OF A FOUNDATION

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]

VARIANCE

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]

VIOLATION

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]

ZONE A

Area of special flood hazard without water surface elevations determined.

ZONE AE

Area of special flood hazard with water surface elevations determined.

ZONE AH

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.

ZONE AO

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.)

ZONE A99

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.)

ZONE X

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.)

ZONE V

Area of special flood hazards without water surface elevations determined, and with velocity, that is inundated by tidal floods (coastal high hazard area).

ZONE VE (for new and revised maps)

Area of special flood hazards, with water surface elevations determined and with velocity, that is inundated by tidal floods (coastal high hazard area).

[1] Editor’s Note: See 780 CMR 202.

[2] Editor’s Note: See 780 CMR 202.

[3] Editor’s Note: See 780 CMR 202.

§ 240-35 Groundwater Protection Overlay Districts.

[Added 11-7-1987 by Art. 2; amended 11-4-1989 by Art. 5; 8-19-1993 by Order No. 93-105]

A. Purpose. The purpose of this section is to protect the public health, safety, and welfare by encouraging nonhazardous, compatible land uses within groundwater recharge areas.

B. Districts established. In order to carry out the purpose of this section, the following overlay districts are hereby established, and shall be considered as superimposed over any other district established by this chapter:

	AP	Aquifer Protection Overlay District
	GP	Groundwater Protection Overlay District
	WP	Well Protection Overlay District

(1) The GP Groundwater Protection Overlay District is based on Zone 11 delineations to existing, proven future, and proposed future public supply wells, as determined by Geraghty and Miller, Inc., and as shown on Figure 44, in their report entitled "Groundwater Conditions, Town of Barnstable, Massachusetts, Volumes I of III; together with Appendices A-D and E-H in Volumes II of III and III of III," dated November 1993 and "Corrections, Zone II Delineations for Public Water Supply Wells, Town of Barnstable, Massachusetts," dated December 1993; except that the GP Groundwater Protection Overlay District (Zone II), to Barnstable Fire District wells 3 and 4, is delineated by Whitman and Howard, Inc. in a report entitled "Report on Prolonged Pumping Test and Zone II Delineation at Test Well Site 8-90, Barnstable Fire District, Barnstable, Massachusetts," dated October 1991. The Zone II delineations to existing and proven future wells have been approved by the Department of Environmental Protection, Executive Office of Environmental Affairs, Commonwealth of Massachusetts, in a letter to the Town of Barnstable dated March 13, 1996.

(2) The WP Well Protection Overlay District is based on a five-year time of travel zone to existing, proven future and potential future public supply wells, delineated by Geraghty and Miller Inc., in reports referenced above, except that the WP Zone to Barnstable Fire District Well No. 2 is delineated by Earth Tech, consultant to Barnstable Fire District, summarized in a letter and a map to the district dated May 13, 1997. The WP Well Protection Overlay District to Barnstable Fire District 2 is that portion of the five-year time of travel zone located within the GP Groundwater Protection Overlay District (Zone 11).

(3) The AP Aquifer Protection Overlay District consists of all areas of the Town, except those areas within the GP Groundwater and WP Well Protection Overlay Districts. The reports, letters and maps are on file with the Town Clerk.

[Amended 9-17-1998 by Order No. 99-012]

C. Overlay Districts Map. The overlay districts established by this section (the GP Groundwater Protection District; the WP Well Protection Overlay District; and the AP Aquifer Protection Overlay District) are shown on the Official Zoning Map, § 240-6A, Identification of Zoning Map.

[Amended 9-17-1998 by Order No. 99-012]

D. District boundaries. Where the overlay district boundaries divide a lot, each portion of that lot shall be subject to all the regulations applicable to the district in which it is located.

[Amended 9-17-1998 by Order No. 99-012]

E. AP Aquifer Protection Overlay District regulations.

(1) Permitted uses. The following uses are permitted in the AP Aquifer Protection Overlay District:

(a) Any use permitted in the underlying zoning districts, except for those uses specifically prohibited by Subsection E(2) herein.

(2) Prohibited uses. The following uses are prohibited in the AP Aquifer Protection Overlay District:

(a) Any use prohibited in the underlying zoning districts.

F. GP Groundwater Protection Overlay District regulations.

(1) Permitted uses. The following uses are permitted in the GP Groundwater Protection Overlay District:

(a) Any use allowed in the underlying zoning districts, except those uses specifically prohibited in Subsection F(2) herein:

(2) Prohibited uses. The following uses are prohibited in the GP Groundwater Protection Overlay District:

(a) Any use prohibited in the underlying zoning districts.

(b) Landfills and open dumps as defined in 310 CMR 19.006.

(c) Junkyards, salvage yards and automobile graveyards, as defined in MGL Ch. 140B, § 1.[1]

[1] Editor's Note: See Ch. 502, Junk Dealers.

(d) Mining of land, removal of sand and gravel, and quarrying of other raw materials.

(e) The removal of soil, loam, sand, gravel and other mineral substances to within four feet of the historic high-water mark unless the substances removed are redeposited within 45 days and the final grade exceeds four feet above the historic high-water mark, and except for excavations for the foundations of buildings and structures and the installation of utilities.

(f) Underground fuel storage tanks.[2]

[2] Editor's Note: See Ch. 326, Fuel and Chemical Storage Systems.

(g) Storage for resale of heating fuels, including but not limited to, oil, coal, gas and kerosene.

(h) Sewage treatment plant, disposal works, or small package treatment facility subject to 314 CMR 5.00, except for the following:

[1] The replacement or repair of an existing facility that will not result in a design capacity greater than the design capacity of the existing system(s);

[2] Treatment works approved by the Department of Environmental Protection designed for the treatment of contaminated ground or surface waters; and

[3] Sewage treatment works including package treatment facilities, which are owned and operated by the Town of Barnstable, and located in areas with existing water quality problems attributable to current septic systems where there will be a net improvement in water quality with the installation of the treatment facility.

(i) Commercial feeding of livestock.

(j) Storage of road salt or other deicing materials.

(k) Metal plating, finishing and polishing.

(l) Chemical and bacteriological laboratories.

(m) Boat, motor vehicle and aircraft cleaning, service and repair.

(n) Dry-cleaning processing establishments.

(o) Furniture stripping, painting and refinishing.

(p) Any other use which generates, treats, stores or disposes of hazardous waste that are subject to MGL Ch. 21C and 310 MCR 30.00, except for the following uses:

[1] Very small quantity generators as defined by 310 CMR 30.00;

[2] Waste oil retention facilities for retailers of motor oil required and operated in compliance with MGL Ch. 21, § 52A.

[3] Treatment works approved by the Department of Environmental Protection designed in accordance with 314 CMR 5.00, for the treatment of contaminated ground or surface waters.

[4] Household hazardous waste collection centers or events operated according to 310 CMR 30.390.

(q) Landfilling of sludge and septic as defined in 310 CMR 32.05.

(r) Storage of sludge and septage, as defined in 310 CMR 32.05, unless in compliance with 310 CMR 32.30 and 310 CMR 32.41

(s) Storage of animal manures unless protected from the elements and contained in a structure which prevents leachate from contaminating groundwater, in accordance with all the requirements of the United States Soil Conservation Service.

(t) Stockpiling and disposal of snow and ice removed from highways and streets located outside of the GP and WP Districts which contains sodium chloride, calcium chloride, chemically treated abrasives or other chemicals used for ice and snow removal.

(u) Storage of liquid petroleum products of any kind, except those incidental to:

[1] Normal household use and outdoor maintenance or the heating of a structure;

[2] Waste oil retention facilities required by MGL Ch. 21, § 52A;

[3] Emergency generators required by statute, rule or regulation;

[4] Treatment works approved by the Department designed in accordance with 314 CMR 5.00 for the treatment of contaminated ground or surface waters;

and provided that such storage is either in a freestanding container within a building or in a freestanding container above ground level with protection adequate to contain a spill the size of the container's total storage capacity; however, replacement of existing tanks or systems for the keeping, dispensing or storing of gasoline is allowed consistent with state and local requirements; and

[5] Any other use which involves as a principal activity or use the generation, storage, use, treatment, transportation or disposal of hazardous materials.

(v) Storage of commercial fertilizers, as defined in MGL c 128, § 64, unless such storage is within a structure designed and engineered to prevent escape or transport of commercial fertilizers to the groundwater under any circumstances.

[Added 1-17-2013 by Order No. 2013-001]

(3) Lot coverage. Unless the applicant demonstrates that all runoff is recharged on site, no more than 15% or 2,500 square feet, whichever is greater, of the total area of any lot shall be rendered impervious by the installation of buildings, structures and paved surfaces. If all recharge is disposed of on site, no more than 50% of the total upland area of any lot shall be made impervious by the installation of buildings, structures, and paved surfaces. For the purposes of this section, a temporary (i.e., not more than 182 days) air-supported or removable bubble/dome over a sports and recreation facility’s outdoor use (e.g., outdoor field, track, court, and swimming pool) shall not be considered a building or structure.

[Amended 8-17-2017 by Order No. 2017-165]

(4) Site clearing. A minimum of 30% of the total upland area of any lot shall be retained in its natural state. This shall not prevent the removal of dead, diseased or damaged trees. For sports and recreation facilities, the site clearing/natural state requirements shall not apply where the proposed stormwater management system will be designed and constructed to provide a minimum water quality volume treatment equal to one inch times the total impervious area of the post-development site; and to provide treatment to remove at least 44% total suspended solids prior to discharge to the infiltration system.

[Amended 8-17-2017 by Order No. 2017-165]

(a) Additionally, a long-term operations and maintenance plan shall be developed and implemented to ensure that stormwater management systems function as designed. At a minimum, the plan shall include:

[1] Stormwater management system(s) owners;

[2] The party or parties responsible for operation and maintenance, including how future property owners will be notified of the presence of the stormwater management system and the requirement for proper operation and maintenance;

[3] The routine and nonroutine maintenance tasks to be undertaken after construction is complete and a schedule for implementing those tasks;

[4] A plan that is drawn to scale and shows the location of all stormwater BMPs in each treatment train along with the discharge point;

[5] A description and delineation of public safety features; and

[6] An estimated operations and maintenance budget.

(b) The plan shall be subject to review and approval by the Director of Public Works as a condition of site plan review approval. stormwater operation and maintenance reports documenting compliance with the plan shall be submitted annually to the Director of Public Works and Director of Planning and Development.

G. WP Well Protection Overlay District regulations.

[Amended 8-19-1993 by Order No. 93-105]

(1) Permitted uses. The following uses are permitted in the WP Well Protection Overlay District:

(a) Any use allowed in the underlying zoning districts, except those specifically prohibited in Subsection G(2) herein:

(2) Prohibited uses. The following uses are prohibited in the WP Well Protection Overlay District:

(a) Any use prohibited in the underlying zoning districts.

(b) All uses prohibited in Subsection F(2) herein.

(c) Parking and/or storage of transport vehicles for fuel, including but not limited to oil, coal and gas.

(d) Parking and/or storage of transport vehicles for toxic and/or hazardous substances.

(e) Any use which uses, generates or stores, including racking for resale, toxic or hazardous substances, totaling at any one time more than 50 gallons liquid volume or 25 pounds dry weight.

(3) Lot coverage. Unless the applicant demonstrates that all runoff is recharged on site, no more than 15% or 2,500 square feet, whichever is greater, of the total area of any lot shall be rendered impervious by the installation of buildings, structures and paved surfaces. If all recharge is disposed on on site, no more than 50% of the total upland area of any lot shall be made impervious by the installation of buildings, structures, and paved surfaces. For the purposes of this section, a temporary (i.e., not more than 182 days) air-supported or removable bubble/dome over a sports and recreation facility’s outdoor use (e.g., outdoor field, track, court, and swimming pool) shall not be considered a building or structure.

[Amended 8-17-2017 by Order No. 2017-165]

(4) Site clearing. A minimum of 30% of the total upland area of any lot shall be retained in its natural state. This shall not prevent the removal of dead, diseased or damaged trees. For sports and recreation facilities, the site clearing/natural state requirements shall not apply where the proposed stormwater management system will be designed and constructed to provide a minimum water quality volume treatment equal to one inch times the total impervious area of the post-development site; and to provide treatment to remove at least 44% total suspended solids prior to discharge to the infiltration system.

[Amended 8-17-2017 by Order No. 2017-165]

(a) Additionally, a long-term operations and maintenance plan shall be developed and implemented to ensure that stormwater management systems function as designed. At a minimum, the plan shall include:

[1] Stormwater management system(s) owners;

[2] The party or parties responsible for operation and maintenance, including how future property owners will be notified of the presence of the stormwater management system and the requirement for proper operation and maintenance;

[3] The routine and nonroutine maintenance tasks to be undertaken after construction is complete and a schedule for implementing those tasks;

[4] A plan that is drawn to scale and shows the location of all stormwater BMPs in each treatment train along with the discharge point;

[5] A description and delineation of public safety features; and

[6] An estimated operations and maintenance budget.

(b) The plan shall be subject to review and approval by the Director of Public Works as a condition of site plan review approval. stormwater operation and maintenance reports documenting compliance with the plan shall be submitted annually to the Director of Public Works and Director of Planning and Development.

§ 240-36 RPOD Resource Protection Overlay District.

[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.

§ 240-37 Dock and Pier Overlay District.

[Added 2-1-2001]

A. Purpose.

(1) The purpose of this section is to protect the general public interest in, and access to, the public tidelands of the commonwealth by creating a Dock and Pier Overlay District overlaying residential zoning districts. The boundaries of the Dock and Pier Overlay District shall include an area along the western and northerly shores of Cotuit Bay from Loop Beach to Handy Point, and shall be as shown on the Barnstable Zoning Map as described in Subsection C below. If the provisions of this amendment conflict with any other provisions of this chapter, the more restrictive provisions shall apply.

(2) The Dock and Pier Overlay District implements the Barnstable Local Comprehensive Plan, adopted by the Barnstable Town Council on October 30, 1997, and approved by the Cape Cod Commission on February 12, 1998. The purposes of the Dock and Pier Overlay District include:

(a) Maintaining public access along the shore and to shellfish and shellfish beds, whether existing or potential, for the purposes allowed by law (Strategy 2.2.6.1.1);

(b) Maintaining safe, open waters for recreational pursuits, including swimming, power boating, rowing, rowing instruction, sailing, sailing instruction, sailboat racing, and kayaking (Goal 2.2.4); and

(c) Protecting and retaining the natural open character and scenic vistas of the seacoast and water (Policy 2.2.6.2).

B. Establishment of district.

(1) In order to implement the purposes of this section, the Dock and Pier Overlay District is hereby established and shall be considered as superimposed over any other districts established by this chapter as amended from time to time.

C. Overlay District Map. The boundaries of the Dock and Pier Overlay District established by this section are shown on the Official Zoning Map, § 240-6A, Identification of Zoning Map, as amended with a file date of August 30, 2000.

D. Prohibition. Within the Dock and Pier Overlay District, the construction and/or installation of docks and piers is prohibited.

E. Reestablishment of damaged or destroyed nonconforming docks or piers. The reestablishment of a lawful preexisting nonconforming dock or pier which has been destroyed or damaged by fire, acts of nature or other catastrophe shall be permitted pursuant to § 240-95, Reestablishment of damaged or destroyed nonconforming use or building or structure. The redeployment of a lawful preexisting nonconforming seasonal dock or pier is permitted.

F. Expansion of existing docks or pier. For the purposes of Article VIII, Nonconformities, the expansion of an existing dock or pier located within the Dock and Pier Overlay District shall be deemed to be substantially detrimental and shall be prohibited.

§ 240-37.1 Recreational Shellfish Area and Shellfish Relay Area Dock and Pier Overlay District.

[Added 4-3-2008 by Order No. 2008-091; amended 10-7-2010 by Order No. 2010-159]

A. Purpose.

(1) The purpose of this section is to protect the general public's interest in the recreational harvesting of shellfish by creating a Recreational Shellfish Area and Shellfish Relay Area Dock and Pier Overlay District within said overlay zoning district.

(2) The purposes of the Recreational Shellfish Area and Shellfish Relay Area Dock and Pier Overlay District include:

(a) Maintaining public access along the shore and to shellfish and shellfish beds, whether existing or potential, for the purposes allowed by law.

(b) Prohibiting docks and piers in mapped portions of the coastal waters of Cotuit Bay, North Bay, West Bay, Lewis Bay and Barnstable Harbor designated as a Recreational Shellfish Area or Shellfish Relay Area.

B. Establishment of district. The boundaries of the Recreational Shellfish Area and Shellfish Relay Area Dock and Pier Overlay District are hereby established and shall be considered as superimposed over any other districts established by this chapter as amended from time to time. The Recreational Shellfish Area and Shellfish Relay Area Dock and Pier Overlay District shall include those areas shown on a maps on file with the Town Clerk entitled "Recreational Shellfish Area and Shellfish Relay Area Overlay District," dated June 17, 2010, and "Amendment to the Barnstable Zoning Map - Sheet 1 of 7, Cotuit Zoning Map Sheet 7 of 7, Hyannis Zoning Map Sheet 3 of 7, Centerville Zoning Map Sheet 4 of 7, Osterville Zoning Map Sheet 5 of 7," all dated June 17, 2010, up to and including the area seaward of the mean high water line, which map, together with all explanatory material thereon, is hereby incorporated in and made part of this chapter.

C. Prohibition. Within the Recreational Shellfish Area and Shellfish Relay Area Dock and Pier Overlay District, the construction and/or installation of docks and piers is prohibited, unless such dock or pier has the benefit of a valid order of conditions issued prior to August 17, 2007, and receives all other necessary local, state and federal permits, in which case the construction and/or installation and maintenance of said dock or pier shall not be prohibited.

D. Reestablishment of damaged or destroyed nonconforming docks or piers. The reestablishment of a lawful preexisting nonconforming dock or pier which has been destroyed or damaged by fire, acts of nature or other catastrophe shall be permitted pursuant to § 240-95A(1) and B, provided that such reestablishment shall include only materials currently allowed for such construction by the Barnstable Conservation Commission, and, for the purposes of this section, the "pursuit of construction continuously to completion" shall mean that construction shall be completed within one year of receipt of all required permits. The redeployment of a lawful preexisting nonconforming seasonal dock or pier is permitted.

E. Expansion of existing docks or pier. For the purposes of Article VIII, Nonconformities, the expansion of an existing dock or pier located within the Recreational Shellfish Area and Shellfish Relay Area Overlay District shall be deemed to be substantially detrimental and shall be prohibited.

F. Definitions. As used in this section, the following terms shall have the meanings indicated, [(from Ch. 703, Private Docks and Piers, § 703-2, Definitions.]

DOCK and PIER

The terms "dock" and "pier" shall be used interchangeably for the purposes of these regulations and shall mean the entire structure of any pier, wharf walkway, or float, and any part thereof, including pilings, ramps, walkways, float, tie-off pilings, dolphins and/or outhaul posts, that is located on a coastal bank (310 CMR 10.30), land under water bodies and waterways (310 CMR 10.56), land under the ocean (310 CMR 10.25), land under a salt pond (310 CMR 10.33), rocky intertidal shore (310 CMR 10.31), or that portion of a coastal beach (310 CMR 10.27) seaward of the mean high water line. Notwithstanding the above, either a swimming float or work float, kept at a mooring, that receives a permit from the Harbormaster and is not connected with the shore, is not a float subject to these regulations. Bulkheads duly permitted for the purpose of erosion control are not subject to this section.

SEASONAL

The dock, ramp, floats and all supporting materials are not in place prior to April 1 of each year and are removed prior to November 1 of each year.

G. Enforcement. Any violation of the provisions of the Recreational Shellfish Area and Shellfish Relay Area Dock and Pier Overlay District shall be subject to penalty and fines pursuant to § 240-123 of the Town of Barnstable Code.

§ 240-38 Medical Services Overlay District.

[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.

§ 240-38.1 Mixed-Use Subzone of Medical Services Overlay District.

[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:

(1) The provisions of the Town of Barnstable Code, Chapter 9, Article I, Inclusionary Affordable Housing Requirements; and

(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. Signage. Notwithstanding the provisions of §§ 240-65 and 240-66 herein:

(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.

M. Exemption. The uses described in this § 240-38.1 shall be exempt from the residential building permitting limitations established by Article XI, §§ 240-110 through 240-122.

§ 240-39 Shopping Center Redevelopment Overlay District.

[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. Definitions. The following definitions shall be applicable to land and its use within the Shopping Center Redevelopment Overlay District:

ADVISORY SITE PLAN REVIEW

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.

AMUSEMENT USES

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).

GROSS FLOOR AREA

The meaning set forth in § 240-128 of this chapter.

GROSS LEASABLE AREA

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.

HOTEL

One or more buildings providing temporary lodging accommodations offered to the public on a daily rate for compensation. The building or buildings have an interior hall and lobby with access to each room from such interior hall or lobby, supervised by a person in charge at all hours. Accessory uses may include a restaurant, conference center facility, meeting rooms, health club and other customary uses.

INITIAL REDEVELOPMENT

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.

MEZZANINE(S)

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.

MULTIFAMILY DWELLING

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.

OFFICE

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.

REDEVELOPMENT AREA

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.

REGIONAL SHOPPING CENTER

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:

(1) 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

(2) 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.

RETAIL SHOPPING CENTER USES

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%.

(h) Maximum building height:

[1] The maximum building height for retail shopping center uses shall be 42.5 feet or two stories, whichever is lesser.

[2] The maximum building height for hotel and multifamily dwelling uses shall be 55 feet or four stories, whichever is lesser.

[3] The maximum building height may be increased by special permit issued by the Zoning Board of Appeals under § 240-39N.

(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.

(b) All parking stalls which are designed at angles other than 90° shall comply with the minimum parking space dimensions set forth in § 240-104 of this chapter.

(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:

(a) Maximum number: three signs.

(b) Maximum height: not to exceed 22 feet above grade.

(c) Maximum area: not to exceed 170 square feet per side exclusive of structures holding the sign. Reasonable efforts shall be exercised to minimize the size of any such supporting structures.

(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.

(3) Wall signs designating loading areas, service courts, employee entrances and similar areas:

(a) Maximum number: no limit.

(b) Maximum mounting height above ground: eight feet.

(c) Maximum area: six square feet.

(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:

(a) Maximum number: three times the total number of vehicular entrances.

(b) Maximum height to top of sign above ground: seven feet.

(c) Maximum area: 16 square feet per side.

(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.

(6) Parking lot identification signs.

(a) Maximum number: one per light post.

(b) Maximum size: three square feet per side.

(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:

(a) Maximum number: two.

(b) Maximum height: 14 feet above grade.

(c) Maximum area: not to exceed 175 square feet per side, exclusive of structures holding the sign.

(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.

§ 240-40 Adult Use Overlay District.

[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:

(a) Unlawful sexual activity.

(b) Gambling.

(c) Drug use.

(d) Violent crimes.

(e) Offenses against children.

(f) Repeated public disturbances requiring intervention by the police.

(g) Any other illegal activities.

(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.

§ 240-40.1 Former Grade 5 School Planned Unit Development Overlay District.

[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.

[1] Editor's Note: See Art. IX, Site Plan Review.

(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.