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§ 240-24.1.5. Standards for all Districts.
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
(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) Non-habitable 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.
1. Editor's Note: See § 240-24.1.13, Tables.
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(a) 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.
5. Non-habitable 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
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.
2. Editor's Note: See § 240-24.1.13, Tables.
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(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
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Table 1.
Use Category Specific Use DMS DV DN DH HH TC HC
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.
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(i) Commercial parking uses are exempt from Table 2.
(ii) Parking space dimensions shall be a minimum of 9 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 —
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Table 2.
Minimum Required Accessory Parking Spaces
Use Category
DMS
DV
DN
DH
HH
TC
HC
On Site Shared Parking
Adjustment1
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
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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.
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(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.
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(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.
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(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.