[HISTORY: Adopted by the Town of Barnstable
6-1-2006 by Order No. 2006-126.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Rental property — See Ch. 170.
Zoning — See Ch. 240.
Subdivision regulations — See Ch. 801.
[1]
Editor's Note: This order also provided that
its subject matter shall be examined by a committee appointed by the
President of the Council before 10-1-2007, to report to the Council
by 2-1-2008, with respect to any changes which may be deemed necessary
or advisable.
The purpose and intent of this chapter is to
guide growth in accordance with the local comprehensive plan, so as
to promote beneficial and convenient relationships between the natural
resources of the Town and its inhabitants, to address nutrient management
and other environmental, health and safety issues resulting from overcrowding
in residential dwellings.
As used in this chapter, the following terms
shall have the meanings indicated:
A room providing privacy, intended primarily for sleeping
and consisting of all of the following: (a) floor space of no less
than 70 square feet; (b) a ceiling height of no less than seven feet;
(c) an electrical service and ventilation; and (d) at least one window
large enough to provide emergency egress. Living rooms, dining rooms,
kitchens, halls, bathrooms, unfinished cellars and unheated storage
areas over garages are not considered bedrooms.
[Amended 10-19-2006 by Order No. 2007-033]
Any person who has attained the age of 18 who has resided
in a residential dwelling for any length of time.
[Amended 1-17-2013 by Order No. 2013-033]
A single unit providing complete independent living facilities
for one or more persons, including provisions for living, sleeping,
eating, cooking and sanitation.
The maximum number of occupants in a residential dwelling shall
be determined by the number of bedrooms contained therein. A maximum
number of two occupants is permitted for each of the first two bedrooms;
for each additional bedroom a maximum number of one occupant is permitted.
It shall be a violation of this chapter for any person in excess of
that provided herein to occupy any residential dwelling.[1]
[1]
Editor’s Note: Former Subsection B, regarding the maximum
number of motor vehicles permitted, which immediately followed, was
repealed 1-17-2013 by Order No. 2013-033.
[Amended 1-17-2013 by Order No. 2013-033]
Children, grandchildren and foster children
of an owner or occupant shall be exempt from these provisions.
A.
This chapter may be enforced by the Building Commissioner,
or his designee, the Board of Health and/or its designees or the police.
B.
The owner, lessee or person in a position of control
of any dwelling unit found in violation of this chapter shall be subject
to a fine not to exceed $300. Each day of continued violation may
be deemed to be a separate offense.
C.
This chapter may be enforced under the provisions
of MGL c. 40, § 21D. The fine for any violation under
the provisions of MGL c. 40, § 21D shall be $100. Each
day of continued violation may be deemed to be a separate offense.
A.
Each provision of this chapter shall be construed
as separate. If any part of this chapter shall be held invalid for
any reason, the remainder shall continue in full force and effect.
B.
Nothing herein shall be construed as allowing for
more bedrooms in any residential dwelling than are otherwise permitted
by any state or local law or regulation governing health and safety.
