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HomeMy WebLinkAboutSR - 2026-003 Zoning Amendment w Redline1 Town of Barnstable Planning and Development Department Staff Report Proposed Zoning Amendment Parking Requirements Zoning Amendment Town Council Item No. 2026-003 Date: September 18, 2025 To: Planning Board Members From: Jim Kupfer, AICP, Director of Planning and Development Kyle Pedicini, Assistant Director of Planning and Development A proposal to amend the Town of Barnstable Zoning, Chapter 240, to modify the required parking for residential or artist live/work and to establish a parking space dimensional standard, has been submitted by the Town Council President. The proposed zoning amendment has completed a first read at Town Council and subsequently has been forwarded to the Planning Board for review. The Planning Board must forward an advisory report with recommendations on the proposed amendment back to the Town Council within 21 days after close of the Board’s hearing. The Town of Barnstable existing parking standards under §240-24.1.5 indicate that residential or artist live/work uses require a minimum of one parking spot per unit. As proposed, this zoning amendment would change the minimum requirement to 1.5 spaces per unit for these uses. This zoning requirement also sets a minimum dimensional standard for parking spaces, which would be set at 9’ x 18’ with a minimum of a 20’ drive aisle. Furthermore, this amendment would dictate that any required accessible parking spaces would not be counted towards meeting the minimum parking requirements. Procedural Information Zoning amendments are processed in accordance with Massachusetts General Laws (MGL) Chapter 40A Section 5. Notice of this public hearing was provided in accordance with all requirements of MGL 40A§5. The Planning Board must forward an advisory report with recommendations on the proposed zoning amendment to the Town Council within 21 days after close of the Board’s hearing. The recommendation of the Planning Board requires a simple majority of the Planning Board members present and voting. Approval of zoning amendments by the Town Council requires a super-majority (2/3) vote. Enclosed attachment ▪ Order/Rationale for Proposed Amendment with Redlined Edits Page 28 of 127 B. NEW BUSINESS (First Reading) (Refer to Planning Board) BARNSTABLE TOWN COUNCIL ITEM# 2026-003 INTRO: 07/17/2025, 08/21/2025 2026-003 AMENDING THE CODE OF THE TOWN OF BARNSTABLE, PART I GENERAL ORDINANCES, CHAPTER 240 ZONING, ARTICLE III DISTRICT REGULATIONS, SECTION 240-24.1.5 STANDARDS FOR ALL DISTRICTS TO MODIFY THE REQUIRED PARKING FOR RESIDENTIAL OR ARTIST LIVE/WORK AND ESTABLISH A PARKING SPACE DIMENSIONAL STANDARD ORDERED: That the Code of the Town of Barnstable, Part I, General Ordinances, Chapter 240 Zoning, Article III District Regulations, Section 240-24.1.5, Standards for all Districts, Subsection (C) Parking Standards, be amended as follows: SECTION 1 By amending subsection (2)(a) by inserting after the words “on-site shared parking” the following: “, but excluding accessible parking spaces required by the Massachusetts Architectural Access Board regulations at 521 CMR 23.00” SECTION 2 By further amending said subsection (2)(a) by adding the following new subsection (ii): (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. SECTION 3 By amending subsection (2)(b) by inserting after the words “Table 2” the following: “and the parking standards found in subsection (C)(2)(a)(ii)”. SECTION 4 By amending Table 2 Minimum Required Accessory Parking Spaces by striking from the Use Category of “Residential or artist live/work (per DU)” the number “1” where it appears each time under the headings: DMS, DV, DN, HH and TC, and inserting the number “1.5” in place thereof. SPONSOR: Craig A. Tamash, Town Council President, Precinct 4 DATE ACTION TAKEN _________ ________________________________ _________ ________________________________ ___Read Item ___Motion to Open Public Hearing ___Rationale ___Public Hearing ___Close Public Hearing ___Council Discussion ___Vote Page 29 of 127 BARNSTABLE TOWN COUNCIL ITEM# 2026-003 INTRO: 07/17/2025, 08/21/2025 SUMMARY TO: Town Council FROM: Mark S. Ells, Town Manager THROUGH: James Kupfer, Director, Planning & Development Department DATE: June 30, 2025 SUBJECT: Amending the Code of the Town of Barnstable, Part I General Ordinances, Chapter 240 Zoning, Article III Section 24.1.5(c) Table 2, to modify the required parking for residential or artist live/work (per du), modify the calculation for minimum parking spaces, and establish minimum dimensional standards for parking spaces. BACKGROUND: The proposed zoning amendments follow discussions by the Town Council Ad-Hoc Subcommittee regarding necessary updates to Chapter 240 Zoning Ordinance. The Committee has recommended that Town Council consider the proposed amendment to Chapter 240 §24.1.5.C Table 2 Minimum Required Accessory Parking Spaces to increase the minimum required parking for “Residential or artist live/work (per DU)” from one space per unit in all districts to a parking ratio of a minimum of 1.5 space per dwelling unit up to no more than two spaces per dwelling unit. The Committee further recommended that when calculating required parking spaces that the mandated handicap parking spaces not be included in this count (which would make those spaces additional requirements). And finally the committee recommended establishing minimum parking dimension standards of 9’ x 18’ per space and a minimum of a 20’ drive aisle between spaces. Zoning amendments are processed in accordance with Massachusetts General Law (MGL) Chapter 40A, Section 5. Adoption or change of zoning ordinances may be initiated by the submission to the Town Council of a proposed zoning ordinance by different parties, including the Town Council itself. ANALYSIS: The proposed changes will increase the total parking required per residential dwelling unit as well as provide specific parking dimensional requirements. FISCAL IMPACT: There is no significant fiscal impact associated with this item. STAFF SUPPORT: James Kupfer, Director, Planning & Development Department Page 30 of 127 § 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. Town of Barnstable, MA § 240-24.1.5 § 240-24.1.5 Page 31 of 127 (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. Town of Barnstable, MA § 240-24.1.5 § 240-24.1.5 Page 32 of 127 (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 Town of Barnstable, MA § 240-24.1.5 § 240-24.1.5 Page 33 of 127 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. Town of Barnstable, MA § 240-24.1.5 § 240-24.1.5 Page 34 of 127 (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 — Town of Barnstable, MA § 240-24.1.5 § 240-24.1.5 Page 35 of 127 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 Town of Barnstable, MA § 240-24.1.5 § 240-24.1.5 Page 36 of 127 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. Town of Barnstable, MA § 240-24.1.5 § 240-24.1.5 Page 37 of 127 (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. Town of Barnstable, MA § 240-24.1.5 § 240-24.1.5 Page 38 of 127 (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. Page 39 of 127 (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.