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Home My WebLink AboutItem 2026-012 Order & Rationale Page 100 of 129 B. NEW BUSINESS (First Reading) (Refer to Planning Board) BARNSTABLE TOWN COUNCIL ITEM# 2026-012 INTRO: 08/21/2025 2026-012 AMENDING THE CODE OF THE TOWN OF BARNSTABLE, PART I GENERAL ORDINANCES, CHAPTER 240 ZONING ARTICLE V ACCESSORY USES, BY REPEALING SECTION 240-45 OFF-STREET STORAGE OF TRAILERS AND REPLACING WITH A NEW SECTION 240-45 OFF-STREET PARKING AND STORAGE OF COMMERCIAL VEHICLES, TRAILERS AND MOBILE HOMES ORDERED: That the Code of the Town of Barnstable, Part I General Ordinances, Chapter 240 Zoning, Article V Accessory Uses, is hereby amended by deleting Section 240-45, Off-street storage of trailers, in its entirety and inserting the following new Section 240-45, Off-street parking and storage of commercial vehicles, trailers and mobile homes, in its place: “§ 240-45 Off-street parking and storage of commercial vehicles, trailers and mobile homes A. Purpose and Intent The purpose of this section is to limit the number of commercial vehicles, trailers and mobile homes, as defined herein, which are allowed to be parked and/or stored on residential properties to reduce safety hazards, prevent the disruption of traffic and maintain the character and appearance of residential neighborhoods. B. Definitions For purposes of this Section, the following terms shall have the following meanings: a. Residential Lot Any parcel or lot that contains a single-family dwelling unit as the primary use of the property. b. Mobile Home or Recreational Vehicle A self-propelled or towable vehicle regulated by the Massachusetts Department of Transportation with self-contained amenities for eating, sleeping, living, cooking and sanitation on a temporary basis, intended for travel, recreation, leisure and vacation purposes, excluding allowed uses under Section 240-9. c. Trailer Any vehicle or object on wheels and having no motive power of its own, but which is drawn by, or used in combination with, a motor vehicle, provided that Trailer shall not include Mobile or Recreational Vehicle. Page 101 of 129 d. Commercial Vehicle e. Solely for purposes of this ordinance, any vehicle that falls within subsections (a), (d), and (e) of the definition of Commercial Plates Required Vehicle as set forth in 540 CMR 2.05(3), regardless of whether the vehicle has commercial plates. f. Driveway A means of vehicular access to a parcel of land abutting a highway or street. g. Prohibited Vehicles Trailers that are more than twenty (20) feet in length or have more than four (4) tires; and Commercial Vehicles that exceed one-ton capacity. C. Parking and storage of vehicles on a residential lot. a. Permitted uses as of right in all zoning districts i. Mobile Homes – mobile homes may be stored in a driveway, garage or other accessory building or on the rear half of a lot owned or occupied by the owner of the mobile home; provided that if the mobile home is parked on the rear half of a lot, it shall not encroach upon the minimum yard setback requirements of the zoning district in which it is located. ii. Trailers - one trailer that does not exceed twenty (20) feet in length and does not have more than four (4) tires may be parked on a residential lot at any given time. iii. Commercial Vehicles – a maximum of two Commercial Vehicles may be parked at any given time on a residential property. If any Commercial Vehicles are authorized in connection with a duly licensed Home Occupation under Section 240-46, such Commercial Vehicles shall count towards the maximum of two allowed hereunder. iv. Unregistered Vehicles – a maximum of one unregistered motor vehicle may be parked or stored on a residential lot at any given time; provided that such vehicle is parked or stored in an enclosed structure or is otherwise screened so that it is not visible from the street. v. Notwithstanding any provisions herein to the contrary, vehicles temporarily on the premises due to ongoing permitted building or site work at the premises are allowed. b. Permitted uses requiring a special permit i. Any Commercial Vehicle in excess of two shall require a special permit granted by the Zoning Board of Appeals. The Zoning Board of Appeals shall not authorize more than three commercial vehicles on one residential property. Page 102 of 129 c. Prohibited uses i. Trailers of twenty (20) feet or more in length or having more than four (4) tires and construction vehicles, including, but not limited to, backhoes, bulldozers and dump trucks, are prohibited from being parked or stored on a residential lot; provided that such vehicles temporarily on the premises due to ongoing permitted building or site work at the premises are allowed. ii. Commercial Vehicles and Trailers shall not be parked on grass, lawn or landscaping, except that a Mobile Home may be parked on grass on the rear half of a lot, subject to the provisions of subsection C(a)(i) above. iii. Prohibited Vehicles shall not be parked on a residential property.” SPONSOR: Mark S. Ells, Town Manager DATE ACTION TAKEN _________ _________________________ _________ _________________________ ____ Read Item ____ Motion to Open Public Hearing ____ Rationale ____ Public Hearing ____ Close Public Hearing ____ Council Discussion ____ Vote Page 103 of 129 BARNSTABLE TOWN COUNCIL ITEM# 2026-012 INTRO: 08/21/2025 SUMMARY TO: Town Council FROM: Mark S. Ells, Town Manager THROUGH: James Kupfer, Director, Planning & Development Department DATE: August 21, 2025 SUBJECT: Amending the Code of the Town of Barnstable, Part I General Ordinances, Chapter 240 Zoning Article V Accessory Uses, by repealing Section 240-45 Off- street storage of trailers and replacing with a new section 240-45 off-street parking and storage of commercial vehicles, trailers and mobile homes RATIONALE: The Town Manager’s office has established a Town of Barnstable Quality of Life working group. This working group has been established to discuss and improve enforcement matters as it relates to policies, procedures, and communication to the community. The working group meets monthly and is made up of various applicable departments. The working group has begun to refine recommendations and next steps to improve enforcement matters in the Town of Barnstable. One priority identified by the working group is the desire to limit commercial activity in residential neighborhoods. The recommended approach to improve this concern is an amendment to Chapter 240 Zoning Article V Section 240-45. This amendment seeks to improve enforcement policy and procedures by establishing definitions for a commercial vehicle, trailer and mobile home and by defining uses that are permitted as of right, uses that require a Special Permit and uses that are prohibited. The intent of the proposed zoning amendment is to limit commercial vehicle, trailer and mobile home parking and storage in residential zones in order to reduce safety hazards, prevent the disruption of traffic and to maintain the character and appearance of residential neighborhoods. Specifically, this amendment limits the parking of certain types of commercial vehicles, i.e., those which detract from the residential character and appearance of the neighborhood, to a maximum of two at a residential property, with a provision for a special permit from the Zoning Board of Appeals for more than two. Such limits would include any commercial vehicles allowed pursuant to the Town’s proposed Home Occupation Ordinance. FISCAL IMPACT: There is no significant fiscal impact associated with this item. TOWN MANAGER RECOMMENDATION: Mark S. Ells, Town Manager, supports this item. STAFF SUPPORT: Andy Clyburn, Assistant Town Manager, James Kupfer, Director of Planning and Development; Brian Florence, Building Commissioner; Karen L. Nober, Town Attorney; Allison Cogliano, Assistant Town Attorney