[Adopted 11-1-1980; approved 2-27-1981 (Art. XXXVIII of Ch. III of the General Ordinances as updated through 7-7-2003)]
[1]
Former § 40-11 through § 40-17, which immediately followed, were renumbered as § 40-7 through § 40-13, respectively, by Order No. 2012-155, adopted 7-12-2012.
For the purpose of this article, the words and phrases herein defined shall be construed in accordance with the definition set forth unless it is apparent from the context that a different meaning is intended.
HOUSEBOAT
A watercraft structure designed primarily to be occupied as living quarters.
HOUSEBOAT MARINA
Any area within any waters of the Town where one or more sites or locations are rented or offered for rent for the location of houseboats which are to be used for living quarters either permanently or on a temporary basis.
PERMANENT SEWER
A sewer connected to the sewer system of the Town of Barnstable or to a private sewage disposal system approved by the Board of Health.
No person shall use or occupy or permit the use or occupancy of a houseboat for living quarters either permanently or on a temporary basis on the waters of the Town except in a houseboat marina operated pursuant to a permit issued by the Town Manager and unless such houseboat meets the following requirements:
A. 
There is provided within the houseboat not less than 600 square feet of living area.
B. 
The houseboat is designed and maintained so there is a single opening above the waterline for waste and sewage removal and such opening is tightly connected to a permanent sewer.
C. 
The houseboat is designed and constructed so that it meets the requirements of the State Building Code, including specialized codes thereof, except insofar as the provisions thereof are not responsibly applicable.
No person shall operate a houseboat marina or rent or hold out for rent any site or space for the location of a houseboat to be used or occupied for living quarters either permanently or on a temporary basis without having a current permit for such marina from the Town Manager.
A. 
Any person desiring to operate a houseboat marina shall file an application for a permit to do so with the Town Manager and submit a fee in the amount to be fixed by the Town Manager for processing such application.[1] Such application must be accompanied by a plan showing the location of the proposed marina and the facilities contemplated therein. The Town Manager shall act on such application within 60 days after it is submitted.
[1]
Editor's Note: See Ch. 405, Marinas.
B. 
The Town Manager shall grant such permit if the following conditions are met:
(1) 
The applicant owns or has a lease of the land over which the marina is proposed to be operated.
(2) 
There is provided within such marina a minimum of 875 square feet of space for the exclusive use of each houseboat and its appurtenances to be located therein.
(3) 
Prior to the time any houseboats are located therein, a permanent float, dock or slip for the mooring or dockage of each houseboat from which such houseboat may be directly boarded is constructed.
(4) 
Each space intended for a houseboat must be provided with the following:
(a) 
A permanent water supply with an individual antibackflow valve;
(b) 
A sewer connection leading into a permanent sewer; and
(c) 
A permanent supply of electricity.
(5) 
The marina is in a zoning district of the Town where marinas are permitted.
(6) 
There is provided on land adjacent to the marina two parking spaces for each houseboat site within the proposed marina.
C. 
The Town Manager may limit the term of such permit and may impose additional conditions on such permit deemed necessary by it to protect the public health, welfare and safety and to promote the general welfare.
Any permit for a houseboat marina may be revoked by the Town Manager after written notice to the operator of such marina and an opportunity to be heard before the Town Manager. Such written notice shall be mailed to the operator of the marina at the address shown on the permit and shall state the date and time the Town Manager will consider the proposed revocation. The grounds for revocation shall be:
A. 
The houseboat marina no longer meets the conditions under which the permit was granted.
B. 
The houseboat marina has become a source of pollution of the waters of the Town.
C. 
The facilities of the marina or the houseboats located therein have fallen into a state of disrepair.
D. 
Individual houseboats are permitted or maintained within the marina which do not meet the requirements for houseboats established by this article.
The provisions of this article shall be administered by the Town Manager. The Board of Health, the Department of Public Works, the Building Commissioner and the Harbormaster shall assist the Town Manager in the administration and enforcement of this article, each within its or their appropriate jurisdiction. Any aggrieved person may appeal any decision of the Town Manager, except where another method of appeal is provided by law. The Town Manager shall make a decision on the appeal within 60 days, and such decision shall be final.[1]
[1]
Editor’s Note: Former § 40-18, Violations and penalties, which immediately followed, was repealed 7-12-2012 by Order No. 2012-155. See now § 40-17.