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Home My WebLink About2022-144 Downtown Hyannis Zoning DistrictsPage 1 of 40 BARNSTABLE TOWN COUNCIL ITEM# 2022-144 INTRO: 03/03/2022 2022-144 AMENDING THE CODE OF THE TOWN OF BARNSTABLE, PART I GENERAL ORDINANCES, CHAPTER 240 ZONING BY REPEALING THE ZONING DISTRICTS KNOWN AS THE “HYANNIS VILLAGE ZONING DISTRICTS” AND REPLACING THEM WITH REVISED AND UPDATED DISTRICTS COLLECTIVELY KNOWN AS THE “DOWNTOWN HYANNIS ZONING DISTRICTS” ORDERED: That the Code of the Town of Barnstable, Part I General Ordinances, Chapter 240 Zoning be amended as follows: SECTION 1: By amending the Zoning Map of Barnstable, Mass. Dated September 1, 1998, as previously amended, as referenced in Article II, Section 240-6, to repeal the districts collectively known as the “Hyannis Village Zoning Districts” and replace them with seven (7) new districts collectively known as the “Downtown Hyannis Zoning Districts”, as shown on maps dated January 21, 2022, prepared by the Town of Barnstable Geographical Information System Unit, and entitled:  Proposed Amendment to the Hyannis Zoning Map Re-Zoning Downtown Hyannis  Proposed Amendment to the Town Zoning Map Re-Zoning Downtown Hyannis SECTION 2 A. By amending Article II, Section 240-5, Establishment of districts, by deleting: “Hyannis Village Zoning Districts” and inserting in its place: “Downtown Hyannis Zoning Districts” HVB Hyannis Village Business District MS Medical Services District SF Single Family Residential District OM Office/Multi-Family Residential District HD Harbor District HG Hyannis Gateway District TD Transportation Hub District GM Gateway Medical District” DMS Downtown Main Street DV Downtown Village DN Downtown Neighborhood Page 2 of 40 B. By further amending said Section 240-5 by deleting “Hyannis Parking Overlay District” as it appears under the heading “Overlay Districts”. SECTION 3 By amending Article III District Regulations to repeal Sections 240-24.1 through 240-24.1.13 and replace them with the following new Sections 240-24.1.1 through 240-24.1.13: “§240-24.1.1 Downtown Hyannis Zoning Districts” §240-24.1.2 Title These districts shall be collectively known as the "Downtown Hyannis Zoning Districts." §240-24.1.3 General Provisions A. Applicability 1. Where the provisions of Sections 240-24.1.1 through 240-24.1.13 conflict with those found elsewhere in the Barnstable Zoning Ordinance, the provisions of this Section shall apply. 2. The provisions of the Barnstable Zoning Ordinance § 240-6.C (3) shall not apply within the Downtown Hyannis Zoning Districts. B. Development Review 1. The Planning Board is the Special Permit Granting Authority (SPGA) for all development within the Downtown Hyannis Zoning Districts. 2. Development within the Downtown Hyannis Zoning Districts, excluding single-family residences, must comply with Article IX, §240-103, site development standards, and the Design and Infrastructure Plan. (a) The Planning Board shall establish a Design and Infrastructure Plan (DIP) which shall be adopted after a public hearing. 3. The use of land or occupancy of floor space is permitted as specified by §240-24.1.5.B Use Provisions. C. Compliance 1. Any modification to an existing structure that results in greater conformance to this Ordinance is permitted. 2. Any modification to an existing structure that increases an existing nonconformity or creates a new nonconformity is prohibited. §240-24.1.4 Definitions A. General 1. The following defined words, phrases, and terms are applicable for real property within the Downtown Hyannis Zoning Districts. Accessory Parking Motor vehicle parking spaces that are incidental but supportive of (a) principal building(s). HH Hyannis Harbor TC Transportation Center HC Highway Commercial DH Downtown Hospital” Page 3 of 40 Building Component A structural projection from the main massing or roof of a building that increases habitable square footage or enhances the usefulness of floor area. Commercial Parking A surface parking lot or structured parking facility providing short- or long-term parking service for a fee. Commercial Service The provision of various services, entertainment, or recreational opportunities to individuals, groups, or businesses including animal care, assembly & entertainment, banking & financial services, building & home repair, business support, day care & education, maintenance & repair of consumer goods, personal services, gyms & health clubs, and recreational services. Cultural Services The provision of social or cultural services to individuals or groups including membership based social organizations and the production, manufacture, publishing, rehearsal, performance, broadcast, selling, or teaching of the arts. Development The platting of any lot, construction of any structure, or establishment of any parking lot that did not exist prior to the adoption of the Downtown Hyannis Zoning Districts. Façade. Any exterior wall of a principal building oriented toward a front lot line. Fenestration The openings in the facade of a building, including windows and doors. Food & Beverage Services The provision of food or beverages for on- or off-site sale or consumption. Forecourt An open space between the forward projecting wings of a building. Frontage Area The area of a lot between the façade of a principal building and any front lot line(s), projected to the side lines of the lot. Frontage Type A distinct combination of façade and frontage area design features. Health Care Clinic The provision of health care services to patients or clients excluding inpatient or overnight care. Hospital A facility for the care and treatment of patients as licensed by the Massachusetts Department of Public Health under MGL c. 111, §51. Lot Coverage The ratio or percentage of a lot that is covered by principal buildings, outbuildings, accessory structures, and impervious paved surfaces including driveways, parking lots and sidewalks. Modification The alteration or structural change of an existing structure and any change to the parking capacity of an existing parking lot. Office The administrative, professional, or clerical operations of a business and the provision of outpatient health services to patients or clients by appointment. Outbuilding A free-standing, fully enclosed structure for an accessory use or for activities customary to the principal use of land or a principal building. Principal Building The primary building on a lot. Page 4 of 40 Principal Entrance The addressed entrance to a building or commercial space. Recreational Facility The provision of public recreational services including bowling and billiards, and video arcades. Research & Development The analysis, testing, and development of ideas and technology including computer software, information technology, communications systems, transportation, and multi-media technology where the construction of prototypes may be an ancillary activity. Residential The provision of living accommodations. Retail Sales The sale, lease, or rental of new or used goods to the ultimate consumer. Shrub, Large A multi-stemmed, woody plant with an expected mature height of six (6) feet. Shrub, Medium A multi-stemmed, woody plant with an expected mature height of four (4) feet. Shrub, Small A multi-stemmed, woody plant with an expected mature height of two (2) feet. Story The portion of a building located between the surface of a habitable floor and the surface of the habitable floor or roof next above. Story, Ground The lowest story of a building with a finished floor at or above the finished ground level next to a building at the facade. Story, Upper Any story above the ground story of a building. Through Lot A lot fronting on two (2) or more improved ways, excluding a corner lot. Tree, Canopy A deciduous tree with an expected mature height of thirty (30) feet or more. Tree, Evergreen An evergreen tree (conifer) with an expected mature height of twenty (20) feet or more. Tree, Understory A deciduous tree with an expected mature height of twenty (20) feet or more. Visitor Accommodations The provision of temporary lodging in guest rooms or guest units for a fee. §240-24.1.9 Standards for all Districts B. Building Standards 1. Frontage types. (a) Buildings must have at least one (1) frontage type except if otherwise specified. Buildings on corner lots must have two (2) frontage types, one (1) for each frontage. (b) Frontage types are permitted as specified by Table 11. (c) Multiple frontage types may exist for buildings that have more than one (1) principal entrance. 2. Buildings must have at least one (1) principal entrance located on the façade. (a) Multi-story buildings with ground floor commercial space(s) must have one (1) 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 (1) story, except that a single ground story over eighteen (18) feet in height is counted as two (2) stories. (d) Each upper story is counted as one (1) additional story, except that any upper story over sixteen (16) feet is counted as two (2) stories. Page 5 of 40 (e) Basements are not counted as one (1) story unless the finished floor of the ground story is five (5) feet or more above the average ground level of the lot. (f) Habitable space located directly under a pitched roof is counted as a half (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 (2) 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. (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 upper most story. 5. Non-habitable architectural features including, but not limited to, mechanical & 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. 7. Facades must have fenestration as specified for each district, as applicable. (a) Fenestration is calculated as a percentage of the area of a façade. (b) For buildings with ground story commercial spaces, ground story fenestration is measured between two (2) feet and twelve (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 sixty percent (60%) Visible Light Transmittance (VLT) and no more than fifteen percent (15%) Visible Light Reflectance (VLR) as indicated by the manufacturer. (b) For upper story fenestration, glazing must have a minimum of forty percent (40%) VLT and no more than fifteen percent (15%) VLR as indicated by the manufacturer. C. 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. (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 (1) 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. Page 6 of 40 (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. Use Category Specific Use DMS DV DN HH TC HC DH Commercial Services (except as follows) P P N P P P P Automobile Maintenance & Repair N N N N N N N Boat Storage N N N N N N N Contractor Services N N N N N N N Funeral Services N N N N N N N Marina N N N SP N N N Commercial Parking N N N N P SP N Public Transportation Maintenance N N N N SP N N Recreational Facility SP SP N SP SP SP SP Self-Storage Facility N N N N N SP N Veterinary Services N N N N N P N Cultural Services (as specified below) -- -- -- -- -- -- -- Arts & Culture Establishments P P N P P P N Fraternal & Social Organizations P P N P P P N Performing Arts & Theaters P P N P P P N Artist Live/Work P P P P P N N Food & Beverage Services (except as follows) L L N L P P P Brewery/Distillery L N N N N N N Hospital N N N N N N P Office (except as follows) P P L P P P P Health Care Clinic P P L P N P P Research & Development P P N P N P P Residential (as specified below) -- -- -- -- -- -- -- Multi-Unit Dwelling L L N L L N 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 L P P P Boat Sales N N N SP N 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 P N P N Bed & Breakfast N P P P N N N P – Permitted By-Right SP – Special Permit N – Not Permitted L – Permitted with Limitations (see district) Page 7 of 40 D. 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. (i) Commercial Parking uses are exempt from Table 2. (b) Relief from the parking requirements of Table 2 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. Page 8 of 40 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 sf) 0 4 N/A 4 4 4 4 Subtract 80% of any spaces provided for any Residential uses on the same lot from the total required for all uses Cultural Services (per 1,000 sf) 0 4 4 4 N/A 4 4 Subtract 20% of any spaces provided for any Residential uses on the same lot from the total required for all uses Food & Beverage Services (per 1,000 sf) 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 sf) 3 3 3 3 3 3 3 Subtract 80% of any spaces provided for any Residential uses on the same lot from the total required for all uses Residential or Artist Live/Work (per DU) 1 1 1 N/A 1 1 N/A -- Retail Sales (per 1,000 sf) 0 4 N/A 4 4 4 4 Subtract 20% of any spaces provided for any Residential uses on the same lot from the total required for all uses Visitor Accommodations (per room) 1.25 1.25 1.25 N/A 1.25 N/A 1.25 -- 1 Rounded up to the nearest whole number Page 9 of 40 E. Site Standards 1. Forecourts (a) Driveways and passenger drop-offs are permitted in forecourts by Special Permit. (ii) Real property fronting Main Street or 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 fourteen (14) feet in height or three (3) inches in caliper when planted. (c) New understory trees must be at least ten (10) feet in height or one and a half (1.5) inches in caliper when planted. (d) New evergreen trees must be at least six (6) 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 must submit a Landscape Plan(s) signed and stamped by a MA registered Landscape Architect unless waived/exempt by the Building Commissioner. (j) The Building Commissioner shall not issue a Certificate of Occupancy until the landscaping has been installed in accordance with the approved plans unless the property owner posts security to the Town of Barnstable for one hundred and fifty percent (150%) of the estimated cost of installation of the landscaping. (k) 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 of a 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 of a 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 ninety degrees (90°) and a beam cutoff of less than seventy-five degrees (75°). Attached building or wall pack lighting should be screened by the building's architectural features or contain a forty-five-degree cutoff shield. (c) Electrical service for lighting on posts or poles must be located underground. Page 10 of 40 6. Fences (a) Fences greater than four (4) feet in height in the frontage area and seven (7) 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 (7) 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 fifty percent (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 (ie. 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. F. Surface Parking Lot Design Standards 1. Applicability (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 twenty-one (21) or more parking spaces that increases the number of parking spaces by five (5) or more. 2. General (a) To reduce traffic congestion and increasing 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 (1) three (3) inch minimum caliper low-water-use, low-maintenance tree must be provided for every five (5) parking spaces and must be located within ten (10) feet of the parking lot. Trees shall be maintained and irrigated as necessary and planted within at least fifty (50) square feet of permeable area. Existing trees located in the interior of parking lots are credited toward this requirement. Page 11 of 40 (b) A front landscaped buffer at least ten (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 fifty (50) linear feet: (i) One (1) canopy tree (ii) One (1) understory or evergreen tree (iii) Five (5) medium shrubs and five (5) small shrubs or a fence or wall a maximum of four (4) feet in height. (c) A side/rear landscaped buffer at least six (6) feet wide must be provided between any side or rear lot line and any parking lot with five (5) or more parking spaces, excluding any vehicular connections to abutting parking lots and must include the following features over the span of fifty (50) linear feet: (i) Two (2) understory or evergreen trees (ii) Three (3) large shrubs and five (5) small shrubs or a fence or wall at least six (6) feet in height. (d) A landscaped buffer at least ten (10) feet wide must be provided between any building and any parking lot with ten (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 fifty (50) linear feet: (i) Two (2) understory or evergreen trees (ii) Four (4) medium shrubs (iii) Six (6) small shrubs (e) At least ten percent (10%) of any parking lot with ten (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 (6) feet in width and the same length as the parking spaces. Each island must include one (1) three (3) inch minimum caliper, low-water-use, low-maintenance tree. (g) Landscape islands abutting a double row of parking spaces must be at least eight (8) feet in width and the same length as the parking spaces. Each island must include two (2) three (3) inch minimum caliper, low-water-use, low-maintenance trees. §240-24.1.10 Downtown Main Street District (DMS) A. Intent 1. The Downtown Main Street District is intended to promote the continuation of a walkable, pedestrian-oriented downtown environment with continuous active streetscape. Development is characterized by mid-rise mixed-use buildings, continuous street walls and variety of materials with parking visually minimized. Land uses are mixed residential and active commercial, including retail, restaurant, office, hospitality, cultural and institutional. B. Lot Standards 1. Newly platted lots must be dimensioned as specified by Table 3. 2. Building facades must have a minimum width that is equal to a percentage of a lot’s width and is specified as the façade build out by Table 3. (a) Façade build out is calculated by dividing the total width of all facades by the lot width and may be cumulatively calculated by multiple buildings. (b) The open space of a forecourt is considered part of the building for the purpose of measuring building width and façade build out. (c) The SPGA may provide relief from the façade build out requirements; the Board must find the issuance of the special permit is consistent with the Design and Infrastructure Plan. Façade Build Out Page 12 of 40 Single Building per Lot = A ÷ B Multiple Buildings per Lot = (A+A) ÷ B C. Building Standards 1. Multiple principal buildings are permitted per lot. 2. Principal buildings are permitted as specified by Table 3. (a) Additional principal buildings are exempt from the required maximum front setback. 3. Principal building façade(s) must be built parallel to any primary front lot line, at or between the minimum and maximum front setbacks. 4. Any building contributing toward the frontage buildout for any lot fronting Main Street between Ocean Street and Sea Street must provide ground story commercial space that is at least twenty (20) feet in depth for one hundred percent (100%) of the total width of the building, excluding lobby entrances and other means of egress associated with the use of upper stories. 5. Awnings, canopies, signs, balconies, and non-habitable architectural features of a building may project over the public sidewalk but must provide at least eight (8) feet of clearance and a license from the Town Manager in accordance with Barnstable General Ordinances, Part 1, Chapter 121, § 121-6J is required. 6. The fourth (4th) story of any building must be recessed (“stepped back”) from the façade of the stories below at least eight (8) feet. 7. Mechanical & stairwell penthouses and building systems equipment must be setback from any exterior wall a distance that is equal to their height. 8. Facades may not have any blank wall areas without fenestration or architectural surface relief greater than twenty (20) feet measured both vertically and horizontally for all stories of a building for any facade. 9. Loading and service areas may not be visible from any public sidewalk of Main Street. D. Design Guidelines Page 13 of 40 1. The development of any new principal building should include a pedestrian passage connecting the sidewalk at the front of the property to any parking areas to the rear of the building, to every extent practicable, where no such pedestrian passage exists within two hundred (200) linear feet of the building’s principal entrance. 2. When provided, pedestrian passages may be designed as an open-air passage between buildings, a covered atrium providing continuous protection from the elements, or as an up to two (2) story passage through a building. E. Use Provisions 1. Limitations (a) Occupation of a single commercial space greater than five thousand (5,000) square feet by any Food & Beverage Service or Retail Sales use requires a Special Permit. (b) The maximum number of dwelling units permitted for any Multi-Unit Dwelling residential use is determined by the permitted dimensions of the building and the actual motor-vehicle parking spaces provided on a lot as required by Table 2. F. Site Standards 1. Driveways, vehicular entrances to parking lots or structures, and curb cuts may be no wider than twenty- four (24) feet. G. Landscape Standards 1. A front landscape area is not required if the front setback is zero. When a setback is greater than zero, those portions of the setback not occupied by pedestrian amenities and public spaces shall be landscaped including one (1) canopy tree to be planted every thirty (30) feet of frontage of the property. 2. A side or rear landscaped area at least six (6) feet wide must be provided along any side or rear lot line abutting a lot in Downtown Neighborhood (DN) district and must include the following features over the span of fifty (50) linear feet: (i) Two (2) understory or evergreen trees (ii) Three (5) medium shrubs and three (3) small shrubs or a fence or wall at least six (6) feet in height. H. Parking Standards 1. For development on any through lot fronting Main Street, parking access must be provided from the non-Main Street frontage. Page 14 of 40 Table 3. DMS Dimensional Standards LOT BUILDING FORM Lot Width 30’ min E - Building Width 180’ max Lot Coverage 100% max F - Number of Stories 3.5 or 4 max2 Façade Build Out (min) -- G - Ground Story Height -- Primary Frontage 80% min Commercial 14’ min Secondary Frontage 40% min Residential 10’ min SETBACKS – PRINCIPAL BUILDINGS H - Upper Story Height 10’ min A - Primary Front Setback 0’min 15’max BUILDING FEATURES B - Secondary Front Setback 0’min 15’max Ground Story Fenestration -- C - Side Setback 0’min Primary Frontage 60% min D - Rear Setback 0’min Secondary Frontage 15% min Upper Story Fenestration 15% min Blank Wall 20’ max Commercial Space Depth 20’ min 2 See 240-24.1.6.C.6 (4th Story Step-back) Page 15 of 40 §240-24.1.11 Downtown Village District (DV) A. Intent 1. The Downtown Village District is intended to promote mixed land uses that support the downtown core and reestablish or preserve traditional neighborhood forms and pedestrian orientation. Development is characterized by mid-rise single-use buildings and detached and semi-detached residential buildings. B. Lot Standards 1. Newly platted lots must be dimensioned as specified by Table 4. 2. Lot coverage may not exceed the maximum specified by Table 4. 3. Building facades must have a minimum width that is equal to a percentage of a lot’s width and is specified as the façade build out on Table 4. (a) Façade build out is calculated by dividing the total width of all facades at or forward of the maximum front setback by the lot width and may be cumulatively calculated by multiple buildings. (b) The open space of a forecourt is considered part of the building for the purpose of measuring building width and façade build out. (c) The SPGA may provide relief from the façade build out requirements; the Board must find the issuance of the special permit is consistent with the Design and Infrastructure Plan. Façade Build Out Single Building per Lot = A ÷ B Multiple Buildings per Lot = (A+A) ÷ B C. Building Standards 1. Multiple principal buildings are permitted per lot. 2. Principal buildings are permitted as specified by Table 4. (a) Additional principal buildings are exempt from the required maximum front setback. 3. Principal building façade(s) must be built parallel to any primary front lot line, at or between the minimum and maximum front setbacks. 4. The fourth (4th) story of any building must be recessed (“stepped back”) from the façade of the stories below at least eight (8) feet. 5. Mechanical & stairwell penthouses and building systems equipment must be setback from any exterior wall a distance that is equal to their height. D. Use Provisions 1. Limitations Page 16 of 40 (a) Occupation of a single commercial space greater than five thousand (5,000) square feet by any Food & Beverage Service or Retail Sales use requires a Special Permit. (b) The maximum number of dwelling units permitted for any Multi-Unit Dwelling residential use is determined by the permitted dimensions of the building and the actual motor-vehicle parking spaces provided on a lot as required by Table 2. E. Site Standards 1. Driveways, vehicular entrances to parking lots or structures, and curb cuts may be no wider than twenty-four (24) feet. F. Landscape Standards 1. A front landscape area is not required if the front setback is zero. When a setback is greater than zero, those portions of the setback not occupied by pedestrian amenities and public spaces shall be landscaped including one (1) canopy tree to be planted every thirty (30) feet of frontage of the property. Page 17 of 40 Table 4. DV Dimensional Standards LOT BUILDING FORM Lot Width 30’ min E - Building Width 120’ max Lot Coverage 80% max F - Number of Stories 3.5 or 4 max3 Façade Build Out (min) -- G - Ground Story Height -- Primary Frontage 80% min Commercial 14’ min Residential 10’ min SETBACKS – PRINCIPAL BUILDINGS H - Upper Story Height 10’ min A - Primary Front Setback 0’min 15’max BUILDING FEATURES B - Secondary Front Setback 0’min 15’max Ground Story Fenestration -- C - Side Setback 0’min Primary Frontage 15% min D - Rear Setback 0’min Secondary Frontage 15% min Upper Story Fenestration 15% min Blank Wall 20’ max Commercial Space Depth 20’ min 3 See 240-24.1.7.C.4 (4th Story Step-back) Page 18 of 40 §240-24.1.12 Downtown Neighborhood District (DN) A. Intent 1. The Downtown Neighborhood District is intended to promote the traditional uses and form of the neighborhoods adjacent to downtown that are characterized by a variety of 19th and 20th Century detached and semi-detached residential building types. B. Lot Standards 1. Newly platted lots must be dimensioned as specified by Table 5. 2. Lot coverage may not exceed the maximum specified by Table 5. C. Building Standards 1. One (1) principal building and multiple outbuildings are permitted per lot. 2. Principal buildings and outbuildings are permitted as specified by Table 5. (a) The third story in a single-family or two-family dwelling can only occur within habitable attic space. D. Use Provisions 1. Limitations (b) Office and Health Care Clinic uses are permitted only for lots fronting South Street or High School Road. (c) Two-Unit dwellings are prohibited for lots fronting only Brookshire Road or King's Way. E. Site Development 1. Development on corner lots must comply with the provisions of § 240-41 of the Barnstable Zoning Ordinance. 2. Curb cuts may be no wider than twelve (12) feet. 3. Outdoor lighting must be shielded and provide total cut off of all light at the boundaries of the lot under development. 4. Fences greater than four (4) feet in height in the frontage area and seven (7) feet in height in all other locations at any point along their length require a Special Permit. F. Landscape Standards (i) A perimeter green space of not less than ten (10) feet in width shall be provided, such space to be planted and maintained as green area and to be broken only in a front yard by a driveway. Page 19 of 40 Table 5. DN Dimensional Standards LOT BUILDING FORM Lot Width 20’ min E - Number of Stories 3 max4 Lot Coverage 50% max F - Ground Story Height 10’ min SETBACKS – PRINCIPAL BUILDINGS G - Upper Story Height 10’ min A - Primary Front Setback 10’min 20’max B - Secondary Front Setback 10’min 20’max C - Side Setback 10’min D - Rear Setback 20’min SETBACKS - OUTBUILDINGS Front Setback 60’ min Side Setback 3’ min Rear Setback 3’ min §240-24.1.13 Downtown Hospital District (DH) A. Intent 1. The Downtown Hospital District is intended to maintain an area of Hyannis for a large- scale Health Care Services institution and is characterized by moderate to large floor plate, multi-story buildings arranged in a campus-like setting, with clear pedestrian and vehicular connections to downtown and the region. B. Lot Standards 1. Newly platted lots must be dimensioned as specified by Table 6. 4 See 240-24.1.8.C.2(a) Page 20 of 40 2. Lot coverage may not exceed the maximum specified by Table 6. C. Building Standards 1. Multiple principal buildings are permitted per lot. 2. Principal buildings are permitted as specified by Table 6. 3. Buildings are exempt from 240-24.1.5.A.1 frontage types and 240-24.1.5.A.3 provisions for calculating building stories. Buildings must comply with the maximum number of stories and maximum building height defined within Table 6. D. Site Standards 1. Driveways, vehicular entrances to parking lots or structures, and curb cuts may be no wider than twenty-four (24) feet except that wider widths may be allowed by the Building Commissioner during the Site Plan Review process if additional width is needed to provide emergency access. E. Landscape Standards 1. A front landscaped area at least ten (10) feet wide measured from the lot line toward the interior of the lot must include the following features over the span of fifty (50) linear feet: (i) One (1) canopy tree (ii) One (1) understory or evergreen tree (iii) Four (4) medium shrubs (iv) Six (6) small shrubs Page 21 of 40 Table 6. DH Dimensional Standards LOT BUILDING FORM Lot Width 50’ min Number of Stories 6 max Lot Coverage 100% max Building Height 85’ max SETBACKS – PRINCIPAL BUILDINGS Primary Front Setback 20’ min Secondary Front Setback 20’ min Side Setback 10’min Rear Setback 10’min Page 22 of 40 §240-24.1.14 Hyannis Harbor District (HH) A. Intent 1. The Hyannis Harbor District is intended to maintain an area near Hyannis Inner Harbor for maritime activities and water-related uses, and is characterized by a mix of commercial, maritime industrial, and residential development and the presence of the commercial ferry services. B. Lot Standards 1. Newly platted lots must be dimensioned as specified by Table 7. 2. Lot coverage may not exceed the maximum specified by Table 7. C. Building Standards 1. Multiple principal buildings are permitted per lot. 2. Principal buildings are permitted as specified by Table 7. (a) To support water-dependent uses on the harbor, the maximum building height permitted for existing structures used as a Marina or a Commercial Service use for constructing, selling, renting, or repairing boats is forty-five (45) feet. 3. Mechanical & stairwell penthouses and building systems equipment must be setback from any exterior wall a distance that is equal to their height. D. Use Provisions 1. Limitations (a) The maximum number of dwelling units permitted for any Multi-Unit Dwelling residential use is determined by the permitted dimensions of the building and the actual motor-vehicle parking spaces provided on a lot as required by Table 2. E. Site Standards 1. Driveways, vehicular entrances to parking lots or structures, and curb cuts may be no wider than twenty-four (24) feet. F. Landscape Standards 1. A front landscaped area at least ten (10) feet wide measured from the lot line toward the interior of the lot must include the following features over the span of fifty (50) linear feet: (i) One (1) canopy tree (ii) One (1) understory or evergreen tree (iii) Four (4) medium shrubs (iv) Six (6) small shrubs 2. A side or rear landscaped area at least six (6) feet wide must be provided along any side or rear lot line abutting a lot in Downtown Neighborhood (DN) district and must include the following features over the span of fifty (50) linear feet: (i) Two (2) understory or evergreen trees (ii) Five (5) medium shrubs and three (3) small shrubs or a fence or wall at least six (6) feet in height. Table 7. HH Dimensional Standards Page 23 of 40 LOT BUILDING FORM Lot Width 20’ min Number of Stories 2.5 max Lot Coverage 90% max Building Height 35 ft max5 SETBACKS – PRINCIPAL BUILDINGS Primary Front Setback 20’ min Secondary Front Setback 20’ min Side Setback 10’ min Rear Setback 10’ min 5 See 240-24.1.10.C.2(a) Page 24 of 40 §240-24.1.15 Transportation Center District (TC) A. Intent 1. The Transportation District is intended to accommodate transportation related-uses serving the downtown, harbor and the region and is characterized by functional buildings and parking areas screened and not highly visible from surrounding roadways. B. Lot Standards 1. Newly platted lots must be dimensioned as specified by Table 8. 2. Lot coverage may not exceed the maximum specified by Table 8. C. Building Standards 1. Multiple principal buildings are permitted per lot. 2. Principal buildings are permitted as specified by Table 8. 3. Mechanical & stairwell penthouses and building systems equipment must be setback from any exterior wall a distance that is equal to their height. D. Use Provisions 1. Limitations (a) Occupation of a single commercial space greater than five thousand (5,000) square feet by any Food & Beverage Service or Retail Sales use requires a Special Permit. (b) The maximum number of dwelling units permitted for any Multi-Unit Dwelling residential use is determined by the permitted dimensions of the building and the actual motor-vehicle parking spaces provided on a lot as required by Table 2. E. Site Standards 1. Driveways, vehicular entrances to parking lots or structures, and curb cuts may be no wider than twenty-four (24) feet. F. Landscape Standards 1. A front landscaped area at least ten (10) feet wide measured from the lot line toward the interior of the lot must include the following features over the span of fifty (50) linear feet: (i) One (1) canopy tree (ii) One (1) understory or evergreen tree (iii) Four (4) medium shrubs (iv) Six (6) small shrubs 2. A side or rear landscaped area at least six (6) feet wide must be provided along any side or rear lot line abutting a lot in Downtown Neighborhood (DN) district and must include the following features over the span of fifty (50) linear feet: (i) Two (2) understory or evergreen trees (ii) Three (3) large shrubs and three (3) medium shrubs or a fence or wall at least six (6) feet in height. Page 25 of 40 Table 8. TC Dimensional Standards LOT BUILDING FORM Lot Width 50’ min Number of Stories 3 max Lot Coverage 65% max Building Height 40 ft max SETBACKS – PRINCIPAL BUILDINGS Primary Front Setback -- Lots fronting Route 28 50’ min All other Lots 20’ min Secondary Front Setback 20’ min Side Setback 10’ min Rear Setback 10’ min Page 26 of 40 §240-24.1.16 Highway Commercial District (HC) A. Intent 1. The Highway Commercial District is intended to maintain an area for larger-scale commercial land uses, with private parking appropriately screened, on a regional roadway and promote in the long-term transformation of the area into a cohesive gateway corridor into Hyannis. The area is characterized by detached low- and mid-rise commercial structures. B. Lot Standards 1. Newly platted lots must be dimensioned as specified by Table 9. 2. Lot coverage may not exceed the maximum specified by Table 9. C. Building Standards 1. Multiple principal buildings are permitted per lot. 2. Principal buildings are permitted as specified by Table 9. (a) The third story can only occur within habitable attic space. 3. Mechanical & stairwell penthouses and building systems equipment must be setback from any exterior wall a distance that is equal to their height. D. Site Standards 1. Driveways, vehicular entrances to parking lots or structures, and curb cuts may be no wider than twenty-four (24) feet. E. Landscape Standards 1. A front landscaped area at least ten (10) feet wide measured from the lot line toward the interior of the lot must include the following features over the span of fifty (50) linear feet: (i) One (1) canopy tree (ii) One (1) understory or evergreen tree (iii) Four (4) large shrubs (iv) Two (2) small shrubs 1. A side or rear landscaped area at least six (6) feet wide must be provided along any side or rear lot line abutting a lot in Downtown Neighborhood (DN) district and must include the following features over the span of fifty (50) linear feet: (i) Two (2) canopy trees (ii) Three (3) large shrubs and three (3) medium shrubs or a fence or wall at least six (6) feet in height. F. Parking Standards 1. 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. 2. To increase walkability and reduce conflicts between pedestrians and motor vehicles, development is encouraged to: (a) Provide only the minimum number of driveways or vehicular entrances to parking lots necessary to accommodate the number of parking spaces provided (b) Share driveways between abutting properties or multiple properties fronting the same street (c) Relocate any existing frontage area parking spaces to the side or rear of buildings. 3. Establishment of a new curb cut on Route 28 or Barnstable Road must consult the Director of Public Works regarding access prior to applying for a state highway access Page 27 of 40 permit from the Massachusetts Department of Transportation and work with the Town and other authorizing agencies on a transportation access plan prior to site plan approval. 4. New construction, modification of an existing principal building, and the establishment, change, or expansion of any use of real property abutting Engine House Road must provide vehicular access only from the Engine House Road frontage. 5. Parking is highly discouraged within the frontage area and should be limited to a single row of parking stalls and associated drive aisle where necessary. Page 28 of 40 Table 9. HC Dimensional Standards LOT BUILDING FORM Lot Width 50’ min Number of Stories (max) 3 max6 Lot Coverage 80% max Building Height 40 ft max SETBACKS – PRINCIPAL BUILDINGS Primary Front Setback 60’ max Lots fronting Route 28 20’ min Secondary Front Setback 20’ min Side Setback 10’ min Rear Setback 10’ min 6 See 240-24.1.12.C.2(a) Page 29 of 40 §240-24.1.17 Tables Table 10. Dimensional Standards Summary Table DMS DV DN DH HH TC HC A. Lot Lot Width 30’ min 30’ min 20’ min 50’ min 20’ min 50’ min 50’ min Lot Coverage 100% max 80% max 50% max 100% max 90% max 65% max 80% max Façade Build Out -- -- -- -- -- -- -- Primary Frontage 80% min 80% min -- -- -- -- -- Secondary Frontage 40% min -- -- -- -- -- B. Setbacks – Principal Building Primary Front Setback 0’ min 15’ max 0’ min 15’ max 10’ min 20’ max 20’ min 20’ min 20’ min 60’ max Lots fronting Route 28 -- -- -- -- -- 50’ min 20’ min Secondary Front Setback 0’ min 15’ max 0’ min 15’ max 10’ min 20’ max 20’ min 20’ min 20’ min 20’ min Side Setback 0’ min 0’ min 10’ min 10’ min 10’ min 10’ min 10’ min Rear Setback 0’ min 0’ min 20’ min 10’ min 10’ min 10’ min 10’ min C. Setbacks - Outbuilding Primary Front Setback -- -- 60’ min -- -- -- -- Secondary Front Setback -- -- -- -- -- -- -- Side Setback -- -- 3’ min -- -- -- -- Rear Setback -- -- 3’ min -- -- -- -- D. Building Form Building Width 180’ max 120’ max -- -- -- -- -- Number of Stories -- -- -- -- -- -- -- Principal Building 3.5 or 4 max7 3.5 or 4 max8 3 max9 6 max 2.5 max 3 max 3 max10 Outbuilding -- -- -- -- -- -- -- Ground Story Height -- -- 10’ min -- -- -- -- Commercial 14’ min 14’ min -- -- -- -- -- Residential 10’ min 10’ min -- -- -- -- -- Upper Story Height 10’ min 10’ min 10’ min -- -- -- -- Building Height -- -- -- 85’ max 35’ max11 40' max 40’ max E. Building Features Ground Story Fenestration -- -- -- -- -- -- -- Primary Frontage 60% min 15% min -- -- -- -- -- Secondary Frontage 15% min 15% min -- -- -- -- -- Upper Story Fenestration 15% min 15% min -- -- -- -- -- Blank Wall 20’ max 20’ max -- -- -- -- -- Commercial Space Depth 20’ min 20’ min 7 See 240-24.1.6.C.6 (4th Story Step-back) 8 See 240-24.1.7.C.4 (4th Story Step-back) 9 See 240-24.1.8.C.2(a) 10 See 240-24.1.12.C.2(a) 11 See 240-24.1.10.C.2(a) Page 30 of 40 Table 11. Frontage Types P – Permitted N – Not Permitted DMS DV DN DH HH TC HC Gallery A frontage type consisting of a storefront(s) and an attached colonnade with a roof, open pergola, or balcony overhanging a paved sidewalk. A gallery may wrap around the corner of a building to create a veranda-like gallery. P P N N/A P P P Storefront A frontage type consisting of an assembly of commercial entry doors and display windows providing access and light to a commercial space and a place to display goods, services, and signs. P P N N/A P P P Common Lobby A frontage type consisting of an assembly of entry doors and windows providing access and light to the lobby of a building. A common lobby may be combined with an entry plaza or front garden frontage type. P P N N/A P P P Page 31 of 40 Table 11. Frontage Types P – Permitted N – Not Permitted DMS DV DN DH HH TC HC Dining Patio A frontage type consisting of a storefront(s) and outdoor café seating in the frontage area. P P N N/A P P P Entry Plaza A frontage type consisting of a storefront(s) and a highly paved frontage area. An entry plaza may be combined with a common lobby frontage type. P P N N/A P P P Front Garden A frontage type consisting of a highly landscaped frontage area. A front garden may be combined with a common lobby, dooryard or stoop, or porch frontage type. N P P N/A N N N Page 32 of 40 Table 11. Frontage Types P – Permitted N – Not Permitted DMS DV DN DH HH TC HC Dooryard or Stoop A frontage type consisting of a zero-step entrance or a set of stairs with a landing that provides access to the entrance of a building. A dooryard or stoop may be combined with a front garden frontage type. N P P N/A N N N Porch A frontage type consisting of a raised platform with a roof supported by columns, piers, or posts; an area for seating; and an optional set of stairs with a landing that provides access to the entrance of a building. A porch may be combined with a front garden frontage type N P P N/A N N N Page 33 of 40 Table 12. Building Components A. Balcony B. Bay or Oriel Window A Width (min) 5 ft A Single Bay Width (max) 16 ft B Depth (min) 4 ft Cumulative Bay Width (max) 50% of the width of the exterior wall from which the bays project Area (min) 20 sf B Projection (max) 3 ft C Front Setback Encroachment (max) 5 ft C Stories (max) Same as the principal building D Front Setback Encroachment (max) 3 ft Design Standards: Balconies may attach to any exterior wall of a principal building. Balconies may be recessed, projecting, a combination of the two, or terraced as part of the roof of a permitted building component. Design Standards: Bays may attach to any exterior wall of a principal building. A bay window may have a flat roof. Page 34 of 40 C. Dormer D. Cross Gable A Cumulative Width of all Dormers (max) 50% of the roof eave A Width (max) 50% of the roof eave below B Exterior Wall Setback (min) -- B Height (min) Equal to the height of the roof of the attached primary massing Roof with Eave 0 ft Design Standards: The roof ridge of a cross gable must be perpendicular to the main roof ridge of the principal building. The rakes and ridge of the roof of the cross gable must be structurally integrated into the eave and ridge of roof of the attached primary massing. Roof without Eave 1 ft C Setback from Gable (min) 3 ft D Separation from another Dormer (min) 50% of dormer width Design Standards: The face wall of a dormer window may not project beyond the exterior wall of the building and may not interrupt the eave of the roof. Page 35 of 40 E. Projecting Gable A Width (max) Equal to the shortest side of the attached primary massing B Projection (max) 6 ft C Height (min) Height of Building in Stories D Front Setback Encroachment (max) 6 ft Design Standards: A projecting gable may attach only the façade of a principal building. The roof ridge of a projecting gable must be perpendicular to the main roof ridge of the principal building. ” SPONSOR: Mark S. Ells, Town Manager DATE ACTION TAKEN ________ ____________________________ ________ _____________________________ ____ Read Item ____ Motion to Open Public Hearing Page 36 of 40 ____ Rationale ____ Public Hearing ____ Close Public Hearing ____ Council Discussion ____ Vote BARNSTABLE TOWN COUNCIL ITEM# 2022-144 INTRO: 03/03/2022 SUMMARY TO: Town Council FROM: Mark S. Ells, Town Manager THROUGH: Elizabeth Jenkins, Director, Planning & Development Department DATE: March 03, 2022 SUBJECT: Amending the Code of the Town of Barnstable, Part I General Ordinances, Chapter 240 Zoning by repealing the Zoning Districts known as the “Hyannis Village Zoning Districts” and replacing them with revised and updated districts collectively known as the “Downtown Hyannis Zoning Districts” RATIONALE: This item proposes a comprehensive revision of the zoning districts in Downtown Hyannis, replacing the “Hyannis Village Zoning Districts” first adopted in 2005 with seven new districts collectively known as the “Downtown Hyannis Zoning Districts”. The purpose of updating the zoning in Downtown Hyannis is to: address housing goals, including increasing housing supply and diversity in areas with infrastructure and community activity and away from open spaces and areas with critical natural resource value; improve the urban fabric of downtown Hyannis in a manner consistent with its historic and maritime character and existing development patterns; improve the ease of use of the zoning ordinance for the public and for businesses and developers; and to encourage housing production and mixed use development at human-scale density, and create predictable outcomes in urban form. The subject of these amendments is downtown Hyannis, in an area with the same boundary as the Downtown Hyannis Growth Incentive Zone (GIZ) and the existing “Hyannis Village Zoning Districts”. This area is currently served by public sewer and water. Hyannis is the regional commercial and transportation hub of the Cape. Achieving a greater density of jobs and housing within the GIZ supports the community’s vision of a vibrant, livable, mixed-use, walkable regional center. Compact housing options within buildings that respond to Hyannis’ unique character can support a mix of housing choices for all ages and incomes while encouraging healthier and more sustainable lifestyles. These proposed amendments are supported by past planning initiatives including the 2010 Local Comprehensive Plan, the 2016 Housing Production Plan (HPP), and the 2018 Growth Incentive Zone Strategic Plan (GIZ). All of these plans encourage new investment in areas with infrastructure and community and business activity, promoting infill and redevelopment over the development of open spaces and sensitive natural resources. The HPP and the GIZ specifically recognize that zoning changes are necessary to achieve housing and revitalizations goals. Existing Conditions Page 37 of 40 The GIZ and the current zoning districts provide some opportunity for streamlined permitting and as-of- right multi-family development, but the regulatory structure has not been effective in broadly attracting residential development to the area. In the first 10 years of the initial GIZ designation, only 110 new residential units were built. The residential densities allowed by zoning do not respond to the high costs of land and construction. Requiring a developer to permit projects through a lengthy and unpredictable process only further increases project costs. This dis-incentivizes investment and raises the costs of housing in projects that do move forward. Additionally, the current conventional methods of zoning do not adequately address most physical characteristics that contribute to the sense of place or sufficiently address the aesthetic character of our community. An examination of the property in the GIZ shows a diversity of lot sizes that range from small residential lots around 4,000 square feet to large commercial lots upwards of 70,000 square feet. This condition makes current multi-family residential standards that use ratio-based zoning metrics (dwelling units/acre) problematic, unaligned with housing goals; unintended consequences result, such as regulatory agreement review for small housing projects. Background & Study The focus of this effort is to create a predictable regulatory framework that encourages compact residential development, compatible with traditional development patterns, meeting a range of housing needs. The proposed zoning revisions benefit from input received during the Community Resiliency by Design process. This process studied ways to address the need for additional housing options while also respecting the existing historic and maritime character of downtown Hyannis. This report considered community input on preferred types and styles of building massing, scale, character, and composition and considered the unique land use patterns in Hyannis. It presented a framework for revitalization and increased housing supply that included strategies such as retrofitting existing structures (including top-of- shop housing and conversion of underutilized space), redeveloping underutilized property, and infilling underutilized lots. This zoning amendment is also supported by the Cape Cod Commission’s Form Based Code Framework which advocates for the use of form-based and hybrid zoning to help deliver context-appropriate densities in forms that respect existing historic development patterns. Summary of Proposed Zoning Ordinance The proposed zoning is organized into six (6) sections. The ‘Title’ and ‘General Provisions’ sections introduce the ordinance and designates the Planning Board as the Special Permit Granting Authority. The ‘Definitions’ section provides direction on the meaning of terms used to regulate uses, dimensional and building standards, and landscape materials. The section ‘Standards for All Districts’ includes the use table (establishing permitted, prohibited, and special permit uses); parking standards; and landscaping, lighting, access, and surface parking lot standards. Next are ‘Standards for Specific Districts’ which include dimensional requirements, building standards, use standards, and site standards specific to each of the seven (7) districts proposed to be established. Finally, in ‘Tables’ there is a summary dimensional table and standards for frontage types and building components. Districts The Downtown Main Street and Downtown Village districts incorporate new “form-based” standards, in addition to regulating land uses.  The Downtown Main Street (DMS) district seeks to maintain, reinforce, and extend the character and mixed use development pattern of Main Street. Active ground floor commercial use on Main Street between Ocean Street and Sea Street continue to be required. In addition to setback requirements, new form standards include standards to build out a percentage of the lots primary Page 38 of 40 and secondary frontage, modified fenestration requirements, standards for story height (ground and upper), and roof pitch. Building height in this district is proposed to increase from three (3) stories to three and a half (3.5) stories or four stories, if that story is recessed at least eight (8) feet to limit its visibility.  The Downtown Village district encompasses areas immediately north and east of the Main Street, formerly zoned “Office/Multi-Family” and “Medical Services”. This district also incorporates the new form-based standards outlined above, ensuring future buildings are pulled up to the street and parking areas are set back, and allows for the same height/number of stories in the DMS; building massing standards (frontage buildout and setbacks) are reduced from the DMS in this transitional district. A wide range of commercial uses are proposed to be permitted in both the DMS and DV Districts, with the limitation that any one commercial use that exceeds 5,000 square feet requires a special permit. The remaining five districts remain largely consistent with the provision in the current zoning ordinance.  The Downtown Neighborhood District (formerly Single Family) maintains the same use requirements, but now permits two-family dwellings on South Street, Ridgewood Street, and Spring Street.  The Downtown Hospital District consolidates the provisions called out specifically for the regional hospital formerly in the Medical Services District in the current zoning into one district. Development in this district is exempt from a number of site standards in recognition of the specific use and development type.  The Hyannis Harbor District is limited to parcels south of South Street and maintains most current use and dimensional standards. Multi-family residential use is allowed, and the marine supportive uses continued to be allowed, with the exception of boat storage as a principal use.  The Transportation District maintains its purpose of supporting regional transportation-related uses. Multi-family use is proposed to be permitted, in support of potential transit-oriented development.  The Highway Commercial District consolidates the two current districts along Route 28 and includes new dimensional requirements and enhanced landscaping requirements. In all districts, landscaping and landscape buffer standards are enhanced, with new requirements for number and size of required plant materials to enhance streetscapes and screening between commercial and residential uses. Parking The proposed ordinance defines parking requirements for each category of permitted use in each zoning district. Shared parking is encouraged and flexibility in meeting requirements is promoted through the availability of special permit relief. Parking requirements in the DMS only are reduced to zero for retail, service, and food service uses in recognition of the built-out conditions of Main Street and availability of public parking. All other districts maintain traditional parking requirements for all uses. Parking requirements for dwelling units is proposed to be a minimum of one space per unit. The Downtown Hyannis Parking Study and Hyannis Growth Incentive Zone strategic plan emphasize the importance of encouraging shared parking downtown. When land uses with different parking demands share parking, it allows for more housing at a lower cost, requires less land be dedicated to parking, and reduces impervious surface. The proposed parking requirements for multi-family residential dwellings (one space per unit) are minimums consistent with the Commonwealth’s Housing Choice efforts that seek to encourage new housing production, and, support the viability of top-of-shop and small scale infill development. Page 39 of 40 Hyannis Parking Overlay District This proposed amendment repeals the Hyannis Parking Overlay District, an overlay district established to address zoning for commercial parking lots. This zoning ordinance was appealed and struck down in Land Court on procedural grounds. This amendment accomplishes the necessary housekeeping associated with that ruling. FISCAL IMPACT: There is no significant fiscal impact of the proposed zoning amendment. TOWN MANAGER RECOMMENDATION: Mark S. Ells, Town Manager, recommends the proposed zoning amendment. STAFF SUPPORT: Elizabeth Jenkins, Director, Planning & Development; Kate Maldonado, Assistant Director, Planning & Development; Gloria McPherson, Planning & Economic Development Coordinator; Jim Kupfer, Senior Planner; Ryan Bennett, Housing Coordinator; Brian Florence, Building Commissioner; Karen Nober, Town Attorney; Kate Connolly, Assistant Town Attorney Page 40 of 40