All amendments to the Zoning Ordinance shall
be in accordance with Massachusetts General Law, Chapter 40A, § 5.
In the interpretation of this chapter, the following
words and terms are to be used and interpreted as defined herein unless
the context otherwise requires:
An accessory dwelling unit (ADU) is a self-contained dwelling unit, inclusive of sleeping, cooking, and sanitary facilities, incorporated within a lawful principal single-family dwelling or within a detached building accessory to and on the same lot and in the same ownership as a lawful principal single-family dwelling use. The ADU shall maintain a separate entrance, either directly from the outside or through an entry hall or corridor shared with the principal dwelling sufficient to meet the requirements of the state building code for safe egress. ADUs shall have a maximum habitable floor area that is not larger than 1/2 of the habitable floor area of the principal single-family dwelling unit (exclusive of floor area that converted to the ADU), or 900 square feet, whichever is smaller, unless special permit relief is granted with respect to the requirements of § 240-47.2C(4) with regard to square footage.
[Added 7-15-2021 by Order
No. 2021-174; amended 7-15-2021 by Order No. 2021-175]
An attached dwelling unit (apartment) intended and operated
for occupancy by persons 55 years of age or older in which at least
80% of the occupied units are occupied by at least one person who
is 55 years of age or older in accordance with applicable requirements
of federal and Massachusetts law.
[Added 5-19-2016 by Order
No. 2016-146]
As defined in MGL Ch. 21C.
[Added 8-19-1993 by Order No. 93-105]
When used to modify "lot" or "lots," shall mean that the
said lots share a common boundary or property line for at least 20
continuous feet.
[Added 11-2-1995 by Order No. 95-198]
An establishment having as a substantial or significant portion
of its stock-in-trade, books, magazines, and other material, which
are distinguished or characterized by their emphasis depicting, describing
or relating to sexual conduct or sexual excitement as defined in MGL
Ch. 272, § 31. For purposes of this definition, "substantial
or significant portion of stock" shall mean greater than 25% of the
subject establishment's inventory stock or greater than 25% of subject
premises' gross floor area, or 200 square feet, whichever is greater.
[Added 6-4-1998 by Order No. 98-064]
An enclosed building used for presenting material, motion
picture films, video cassettes, cable television, slides or any other
such visual material distinguished by an emphasis on matter depicting,
describing, or relating to sexual conduct or sexual excitement as
defined in MGL Ch. 272, § 31.
[Added 6-4-1998 by Order No. 98-064]
An establishment having as a substantial or significant portion
of its stock devices, objects, tools, or toys which are distinguished
by their association with sexual activity, including sexual conduct
or sexual excitement as defined in MGL Ch. 272, § 31. For
purposes of this definition, "substantial or significant portion of
stock" shall mean greater than 25% of the subject establishment's
inventory stock or greater than 25% of subject premises' gross floor
area, or 200 square feet, whichever is greater.
[Added 6-4-1998 by Order No. 98-064]
An establishment having a substantial or significant portion
of its stock-in-trade for sale or rent, movies, videos, and similar
audio/visual media, which are distinguished or characterized by their
emphasis depicting, describing, or relating to sexual conduct or sexual
excitement as defined in MGL Ch 272, § 31. For purposes
of this definition, "substantial or significant portion of stock"
shall mean greater than 25% of the subject establishment's inventory
stock or greater than 25% of subject premises' gross floor area, or
200 square feet, whichever is greater.
[Added 6-4-1998 by Order No. 98-064]
As defined herein, an adult bookstore, adult paraphernalia
store, adult motion-picture theatre establishment, or an establishment
which displays live nudity, or any other business or establishment
characterized by an emphasis depicting, describing or related to sexual
conduct or sexual excitement as defined in MGL Ch. 272, § 31.
Adult use shall include an establishment with a combination of adult
use materials as listed above including books, magazines, devices,
objects, tools, or toys, movies, videos, and any similar audio/visual
media for sale or rent, which are distinguished or characterized by
their emphasis depicting, describing, or relating to sexual conduct
or sexual excitement as defined in MGL Ch. 272, § 31, which
in combination, is either greater than 25% of the subject establishment's
inventory stock or greater than 25% of subject premises' gross floor
area, or 200 square feet, whichever is greater.
[Added 6-4-1998 by Order No. 98-064]
The adoption of this definition is explicitly intended to
be a clarification of existing ordinances and is not intended to be
a new restriction.
[Added 10-7-1999 by Order No. 99-160A]
For the purposes of § 240-8A(3), agriculture, horticulture, floriculture and viticulture on a parcel of land more than five acres subject to statutory exemption pursuant to MGL Ch 40A, § 3, shall be defined to mean what they mean under state statute.
For the purposes of § 240-8DA(4),
on a parcel of land five acres or less in size, the terms agriculture,
horticulture, viticulture, aquaculture or floriculture shall not include:
The sale of products or plants grown elsewhere;
The storage of loam, mulch, gravel, and similar
materials;
The storage of plants for installation, use
or sale elsewhere;
The parking, storage or use of heavy equipment;
and
The assembling of crews for the purpose of landscape
construction and maintenance at off-site locations.
That portion of the floor area of a single-family dwelling
or a multifamily dwelling designed for occupancy by a single family.
[Amended 3-1-2018 by Order
No. 2018-053]
An attached dwelling unit (apartment) in which supportive
services are offered for individuals who need assistance in activities
of daily living.
[Added 5-19-2016 by Order
No. 2016-146]
Tourist and guest accommodations located within an owner-occupied,
single-family residential dwelling unit, let for compensation for
brief periods of time, customarily less than two weeks long, without
cooking facilities accessible to the guests; the temporary abode of
visitors who have a permanent residence elsewhere.
[Added 2-20-1997]
A building used solely for the storage of boats and related
equipment.
The vertical distance from the ground level to the plate.
A combination of assembled materials that may be used as
access to the water and extending below the reach of mean high water,
including but not limited to, the following:
[Amended 2-1-2001]
A detached residential building designed for and occupied
by a single family and providing complete independent living facilities
for one or more persons.
[Amended 3-1-2018 by Order
No. 2018-053; 7-15-2021 by Order No. 2021-174]
A detached residential building designed for and occupied
by two families.
Complete independent living facilities for one or more persons,
including permanent provisions for living, sleeping, eating, cooking
and sanitation.
[Added 7-15-2021 by Order
No. 2021-174]
An establishment which provides live entertainment for its
patrons, which includes the display of nudity, as that term is defined
in MGL Ch. 272, § 31.
An apartment unit within a single-family dwelling intended
to be occupied only by family members of the property owner and which
provides complete independent living facilities for one or more persons,
as outlined herein, including permanent provisions for living, sleeping,
eating, cooking and sanitization.
[Amended 3-1-2018 by Order
No. 2018-053]
Any person who is related by blood or marriage.
The sum of all floor areas within a building or structure,
measured from the perimeter of the outside walls of the building under
consideration, without deduction for hallways, stairs, closets, thickness
of walls, columns, or other features. It shall include all areas capable
of being used for human occupancy, including all basement floor area,
mezzanine and attic space and enclosed porches.
[Amended 10-7-1993 by Order No. 94-016]
That space above the plate line but below the ridgeline in
an area commonly called the "attic space," provided that the gross
floor area of the half story shall not exceed 66% of the gross floor
area immediately below the half story.
[Added 6-28-2001 by Order No. 2001-036]
As defined in Chapter 108, Hazardous Materials, of the Code of the Town of Barnstable.
[Added 8-19-1993 by Order No. 93-105]
As defined in MGL Ch. 21C.
[Added 8-19-1993 by Order No. 93-105]
Any new construction, reconstruction, alteration, remodeling,
repair, enlargement, change in use, increase in capacity, or addition
of service resulting in greater off-street parking demand.
A single area of land in one ownership defined by metes and
bounds or boundary lines, no portion of which is bisected by a street.
The term "maximum lot coverage as % of lot area" where used
as a column heading in bulk regulations shall mean the maximum lot
coverage by structures as a percent of lot area.
[10-4-1990 by Order No. 90-68]
The width of any lot shall be measured wholly within the
lot at the building setback line along a straight line parallel to
a line connecting the intersection of the front boundary with the
lot side lines, except that an owner of land may establish his own
setback line at a distance greater than that required, and the lot
width may be determined at the setback line so established.
Has the meaning given "marihuana" in Chapter 94C of the General
Laws.
[Added 2-6-2014 by Order
No. 2014-050]
Also known as "RMD" or "medical marijuana treatment center,"
shall mean an establishment properly registered with the Massachusetts
Department of Public Health under 105 CMR 725.100 that acquires, cultivates,
possesses, processes (including development of related products such
as edible marijuana infused products, tinctures, aerosols, oils, or
ointments), transfers, transports, sells, distributes, dispenses,
or administers marijuana, products containing marijuana, related supplies,
or educational materials to registered qualifying patients or their
personal caregivers.
[Added 2-6-2014 by Order
No. 2014-050]
Facilities for personal wireless service including commercial
mobile radio services, unlicensed wireless services and common carrier
wireless exchange access services as defined by the Telecommunications
Act of 1996.
[Added 6-3-1999 by Order No. 99-74A]
The term "retail" shall not be construed to include "restaurant."
The distance between a street line and the front building
line of a principal building or structure, projected to the side lines
of the lot. Where a lot abuts on more than one street, front yard
setbacks shall apply from all streets.
The numerical value resulting from:
Use of a multipassenger vehicle to shuttle parking lot patrons
between remote parking lots, parking facilities, and transportation
terminals.
[Added 7-21-2016 by Order
No. 2016-166]
A native, introduced or naturalized tree which is sufficiently
well grown to be an important visual element on a site. Any tree with
a dbh of six inches or greater is eligible to be considered a specimen
tree. Trees that have a small height at maturity, or are slow growing,
such as a flowering dogwood or American holly with a dbh of four inches
or larger, are eligible to be considered specimen trees.
[Amended 3-11-1999 by Order No. 99-056]
A facility that offers indoor and outdoor sporting, recreation,
physical fitness and training, and athletic competition venues. Such
a facility may include multiple structures including a field house
that contains one indoor ice rink, and one or more playing fields,
athletic courts, track space, swimming pools, fitness training centers,
locker rooms, batting cages, accessory retail and sports related proshops,
athletic and fitness training center, including rehabilitation facilities,
food concessions and restaurant, child-care areas, sports-related
museums and memorabilia, accessory office space and community meeting
rooms. Such facilities may also contain outdoor playing fields, tracks
and courts, swimming pool, viewing stands, scoreboards, shall not
have an outdoor ice rink, outdoor lighting, and detached comfort stations
(restrooms/concessions) and other accessory structures.
[Added 8-17-2017 by Ord.
No. 2017-165]
That portion of a building included between the upper surface
of a floor and the upper surface of the floor or roof next above and
having at least 1/2 its height above grade.
Any production or piece of work, artificially built up or
composed of parts and joined together in some definite manner, not
including poles, fences and such minor incidental improvements.
A temporary shelter with a frame supporting a cloth or similar
flexible covering, without a fixed location, foundation or permanent
anchors.
[Added 2-22-1996 by Order No. 95-194]
All lands not defined herein as wetlands.
Those operations that generate less than 26 gallons or 220
pounds of dry weight of hazardous waste per month and no acutely hazardous
waste as defined in 310 CMR 30.00.
The land under the ocean or under any bay, lake, pond, river,
stream, creek or estuary; any wet meadows, marshes, swamps, bogs,
areas where high groundwater, flowing or standing surface water or
ice provide a significant part of the supporting substrata for a plant
community for at least five months of the year, lowland subject to
any tidal action or annual storm flooding or flowage, or any flat,
beach, dune or other shifting sand formation.[1]
[1]
Editor's Note: Former § 240-129,
Hyannis Downtown 500 Block Moratorium Zone, added 4-10-2003 by Town
Council agenda item 2003-045, which immediately followed this section,
was removed from the Code because it ceased to be effective on 5-10-2005.
[1]
Editor's Note: Former §§ 240-129, Temporary
moratorium on medical marijuana treatment centers and associated activities
relating to Ballot Question 3, added 3-7-2013 by Order No. 2013-065, and 240-129.1, Temporary moratorium on recreational marijuana establishments
and marijuana retailers and associated activities, added 4-27-2017 by Order No. 2017-108, which immediately followed, were repealed 2-2-2023 by Order No. 2022-146.
