Barnstable City Zoning Code
ARTICLE XV
District of Critical Planning Concern Regulations
§ 240-130 Centerville Village District.
Authority. This article is adopted under the authority of the Home Rule Amendment, Article 89 of the Constitution of the Commonwealth, and the Cape Cod Commission Act, Chapter 716 of the Acts of 1989.
§ 240-130.1 Purposes and intent.
A.
The purposes and intent of this section is to guide development and redevelopment in Centerville Village that:
(1)
Promotes a location-appropriate scale and traditional mix of business, institutional and residential land uses that contribute to and respect the historic character and historic neighborhood development patterns;
(2)
Acknowledges the historic context of the village, including the National Register District which encompasses properties in the northern portion of the district;
(3)
Protects and preserves the historic and scenic streetscape and minimizes traffic congestion;
(4)
Provides a variety of functions that support residents' day-to-day use of the district;
(5)
Supports and enhances the diverse local economy and retains established village goods and service offerings;
(6)
Preserves and protects the traditional New England village character of Centerville through architectural design that replicates in scale and character the best examples of traditional neighborhood design from the historic towns and villages of Cape Cod and New England to enhance the aesthetic quality of Barnstable as a whole.
§ 240-130.2 Definitions.
As used in the CVD, the following terms shall have the meanings indicated:
One or more rooms with private bath and kitchen facilities comprising an independent self-contained dwelling unit located in a building containing two or more such rooms or suites or located in a building devoted primarily to nonresidential use or in a mixed-use building.
Tourist and guest accommodations located within an owner-occupied, single-family residential dwelling unit, let for compensation for brief periods of time, customarily less than two weeks long, without cooking facilities accessible to the guests; or the temporary abode of visitors who have a permanent residence elsewhere.
The vertical distance between the grade and the highest point of a gable, hip or gambrel roof; the highest point of the coping of a flat roof.
 |
The referenced plane of the average of all finished ground level adjoining the building or structure for a distance of six feet from all exterior walls.
That space above the plate line but below the ridgeline in an area commonly called the "attic space," provided that the gross floor area of the half story shall not exceed 66% of the gross floor area immediately below the half story.
An establishment specializing in the retail sale of ice cream for consumption on or off site or carry-out consumption that may include a seating area for food service use as an accessory use to the ice cream specialty retail or an ice cream retail use in existence at the time of the adoption of this section. Accessory food service use may sell and serve by wait staff a variety of foods that may be prepared on site. Ice cream specialty retail and any accessory food service use is subject to formula business limitations as described herein. Ice cream specialty retail may include on-site ice cream product preparation for wholesale sales; provided, however, in no case shall wholesale sales of ice cream product for use off-site become the principal use; truck distribution and delivery activity necessary to the wholesale sale of ice cream product for off-site use shall not create additional congestion; and the use shall not generate noise that violates Town ordinances, or detract from the established character within the CVD.
A surface which prevents the penetration of precipitation or other liquids into the ground, including roofs, concrete, asphalt, natural stone, sidewalks, etc. Any area designed for vehicle use or vehicle parking covered with porous pavers may become impervious over time and may, at the discretion of the Building Commissioner, be considered impervious surface.
A commercial structure used for overnight lodging accessed through interior hallways which may include the provision of meals and incidental related services to lodgers or a motel or motor inn use in existence at the time of the adoption of this section.
A building or room that houses a collection of books, records, literary documents or other reference materials for borrowing, reading, study, education or reference and which is owned or operated by a nonprofit educational corporation.
The upland area of the lot.
Development including at least one residential unit and at least one nonresidential use on a single lot or several nonresidential uses on a single lot.
An educational use conducted by a not-for-profit corporation whose articles of incorporation permit it to engage in educational activities and "educational purposes" as its principal permitted use within the meaning of MGL c. 40A, § 3, including but not limited to libraries and museums.
Office, but not including medical or dental offices.
An institution engaged in "religious purposes" within the meaning of MGL c. 40A, § 3.
The required distance between every structure and lot line of the lot on which it is located.
A detached residential building designed for and occupied by a single family.
An establishment where food is served to customers by wait staff. Small-scale food service does not include restaurants designed to serve a large volume of customers. Small-scale food service is subject to formula business limitations as described herein. These uses are intended to increase pedestrian traffic.
Small stores and businesses, including, but not limited to, corner groceries, artist space, bookstore, galleries and other small retail uses typically found in small New England towns. Small-scale retail does not include retail or commercial buildings or storage designed to serve a large volume of customers, e.g. gasoline and oil filling stations, garages for automotive or machine repair. Small-scale retail is subject to formula business limitations as described herein. These uses are intended to increase pedestrian activity.
That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above and having at least 1/2 its height above grade.
Anything constructed or erected on the ground or which is attached to something located on the ground. Structures include buildings, sheds, swimming pools and towers, but shall exclude fences of six feet or less in height, flagpoles and retaining walls.
All lands not defined herein as wetlands.
The land under the ocean or under any bay, lake, pond, river, stream, creek or estuary; any wet meadows, marshes, swamps, bogs, areas where high groundwater, flowing or standing surface water or ice provide a significant part of the supporting substrata for a plant community for at least five months of the year, lowland subject to any tidal action or annual storm flooding or flowage, or any flat, beach, dune or other shifting sand formation.
§ 240-130.3 Permitted uses.
The following principal and accessory uses are permitted in the Centerville Village District subject to the use limitations outlined below. Other uses of an appropriate scale and function may also be considered subject to a regulatory agreement and are subject to the use limitations outlined below. Municipal uses are exempt from these regulations.
A.
Use limitations. Permitted retail establishment, lodging establishment, restaurant, or take-out food franchise shall not include a business which is required by contractual or other arrangement to maintain one or more of the following items: standardized ("formula") array of services and/or merchandise, trademark, logo, service mark, symbol, decor, architecture, layout, uniform, or similar standardized features and which causes is it to be substantially identical to more than 14 other businesses regardless of ownership or location. Drive-up windows and/or drive-through facilities are prohibited.
B.
Principal uses.
*Ice cream specialty retail | |
*Mixed-use development | |
*Professional or business office | |
Single-family residence | |
*Small-scale food service | |
*Small-scale retail | |
*Bed-and-breakfast | |
*Inn |
*Subject to use limitations as described in § 240-130.3A. |
C.
Accessory uses.
(1)
Automated banking facilities (ATM) within a principal building or a walk-up facility located in a rear or side yard that also meets landscaping and lighting guidelines of this section.
(2)
Garages accessory to a single-family residence. Such structures shall be located in the rear or side yard. The footprint of the garage shall not exceed 40% of the footprint of the single-family residence and may consist of 1 1/2 stories with a pitched roof unless otherwise permitted for residential use.
(3)
Apartment.
D.
Exempt uses.
(1)
Religious institutions, accessory day-care centers, and nonprofit educational uses are permitted as exempt uses within the CVD. These uses shall, however, be subject to and in conformance with the reasonable bulk, density, design and development regulations of the CVD as set forth in § 240-130.1A, Purposes and intent, § 240-130.6, Dimensional, bulk and other requirements, § 240-130.7, Design guidelines, and § 240-130.8, Site development standards.
(2)
Where the exempt use does not comply with said regulations, the Zoning Board of Appeals shall, by modification permit, modify said regulations if compliance with the regulation substantially diminishes or detracts from the usefulness of a proposed development or impairs the character of the development so as to affect its intended use; provided, however, that the relief granted will not create a public safety hazard along adjacent roadways and will not create a nuisance to other surrounding properties.
(3)
A modification permit shall be subject to the same procedural requirements as a special permit except that approval of a modification permit shall require a simple majority of the members of the Board.
§ 240-130.4 Continuation; changes to use; damaged structures.
A.
Continuation. Legally established structures, uses and site improvements in existence at the time of the adoption of this section shall be allowed to continue.
B.
Change, expansion or alteration of uses and structures.
(1)
As of right.
(a)
The normal and customary repair and maintenance of a building or structure is permitted as of right.
(b)
The alteration and expansion of a building or structure is permitted as of right, provided that the alteration or expansion conforms in all other respects with all applicable requirements of this chapter.
(2)
By special permit. Alterations or expansions of a building or structure that do not qualify under as-of-right provisions shall be permitted only by a special permit from the Zoning Board of Appeals, the special permit granting authority (SPGA) for the CVD. In granting such special permit, the Board must find that the proposed alterations and/or expansion are not substantially more detrimental, by standards set out herein, to the surrounding neighborhood under this chapter, § 240-130.1A, Purposes and intent, § 240-130.3A, Use limitations, and, where applicable, § 240-130.2, Definitions.
C.
Special permit for dimensional relief. The SPGA may provide relief from minimum lot area, minimum lot frontage, maximum building setback, minimum yard setbacks, facade length requirements, and ground floor window requirements when such relief ensures that the proposed development is consistent with the § 240-130.1A, Purposes and intent, and the applicant demonstrates undue hardship without desired relief.
D.
Re-establishment of damaged or destroyed building or structure.
(1)
The re-establishment of a previously legally established use and/or building or structure which has been destroyed or damaged by fire, acts of nature or other catastrophe shall be permitted as of right, provided that the Building Commissioner has determined that all the following conditions are met:
(a)
The reconstruction or repair will not, as determined by the Building Commissioner, materially increase the gross floor area or height of the building or structure beyond that which previously existed, nor materially increase the footprint of the structure, or materially change the grade.
(b)
If the building's location on the lot is to be changed, it will change in a manner that will be closer to complying with the dimensional and bulk regulations.
(c)
The reconstruction or repair will not constitute an expansion or intensification of any use.
(d)
In the case of any use in which it would otherwise be required, the site plan review process has been followed.
(e)
Design and architecture of damaged or destroyed buildings and structures in existence at the time of the adoption of this regulation may be replicated. If the Building Commissioner finds that the structure is to be rebuilt to replicate what existed before the damage or destruction, the CVD design guidelines do not apply.
(f)
A building permit has been applied for within two years from the date of damage or destruction.
(2)
Discontinuance: Any legally established structure which no longer complies with the provisions of the CVD that has been damaged or destroyed shall be discontinued unless a building permit has been applied for within two years from the date of damage or destruction, and construction is continuously pursued to completion.
§ 240-130.5 Additional provisions.
A.
Other regulations. The following provisions of the Barnstable Code are hereby incorporated into this regulation: § 240-7, Application of district regulations; § 240-9C and D; § 240-10, Prohibited uses; § 240-34, Floodplain District; § 240-43, regarding accessory uses; § 240-46A and B, home occupations; Article VI, Off Street Parking Regulations; Sections 240-52, 240-53.B through .E ; and Sign Regulations § 240-59 through 62, and Section 240-67; Article XI, Growth Management, §§ 240-110 through 240-122; Article IX, Site Plan Review; Article XIII, Administration and Enforcement, §§ 240-123 and 240-124; § 240-125C special permit provisions, as these provisions of the Barnstable Code cited in this section may be amended from time to time.
[Amended 5-22-2014 by Order No. 2014-126]
B.
Conflicts. Unless otherwise stated, the requirements of the Centerville Village District shall apply to uses and structures within the Centerville Village District. In the event of a conflict, these regulations shall apply.
C.
Severability. The provisions of this chapter are severable. If any court of competent jurisdiction shall invalidate any provision herein, such invalidation shall not affect any other provisions of this chapter. If any court of competent jurisdiction shall invalidate the application of any provision of this chapter to a particular case, such invalidation shall not affect the application of said provision to any other case within the Town.
§ 240-130.6 Dimensional, bulk and other requirements.
Minimum Yard Setbacks | Maximum Building Height | |||||||
|---|---|---|---|---|---|---|---|---|
Minimum Lot Area (square feet) | Minimum Lot Frontage (feet) | Front2 (feet) | Rear (feet) | Side (feet) | Feet | Stories | Maximum Lot Coverage By Structures | Total Impervious Surface |
20,000 or lot area of legally established lot as of 06/18/2009 | 20 | 20 or setback of existing legally established structure from front lot line as of 06/18/2009, whichever is less | 0 | 0 | 361 | 2 1/2 | 35% | 80% |
NOTES: | ||
(1) | Height - maximum building height. The maximum height of buildings or structures is 36 feet or 2 1/2 stories, whichever is less, at the highest point of the roof for roofs with a pitch of at least six inches in each foot and at the highest point of a gambrel roof. The maximum height for flat-roofed structures is limited to two stories at a maximum of 24 feet. | |
(2) | Setbacks: | |
(a) | The building setback may be modified through a special permit from the Zoning Board of Appeals upon demonstration to the satisfaction of that Board that redevelopment cannot meet the minimum setback without undue hardship or due to topography, lot shape or constraints of existing structures. | |
(b) | Wherever possible parking shall be located within side or rear yard setbacks. | |
§ 240-130.7 Design guidelines.
A.
Purpose: The purpose of these design guidelines is to enhance the traditional small-scale village character currently found in the CVD through the use of compatible building materials, appropriate scale and architectural details currently found within the district or immediate surrounding area. New structures are encouraged to complement, but not necessarily duplicate, surrounding structures.
B.
Objectives:
(1)
To encourage site planning and architectural design that will enhance the existing historic character of the CVD.
(2)
Ensure that redevelopment and new development is compatible with the existing character of the CVD while encouraging variety through flexibility in the application of these design standards.
C.
Application: The design guidelines set forth herein do not apply to legally established structures in existence as of the effective date of the CVD but shall apply to all new development, to any additions to existing structures and to all reconstruction projects except as provided for in § 240-130.4D(1)(e). These design guidelines shall not apply to walk-in coolers, freezers or their accessories for an ice cream specialty retail use. Any such coolers, freezers and accessories shall be attached to the side or rear of the principal structure and shall be appropriately screened from street view.
(1)
Massing: Buildings or portions of buildings with a mass, including rooflines, over 32 feet in length must divide their elevations into smaller parts through a variety of architectural elements, including but not limited to dormers or additive massing as well as pronounced changes in wall planes. Flat and shed roof architectural elements are limited to a length of 20 linear feet and only in combination with other gable or hip roof elements; except that ground floor open porches may have a longer expanse of shed roof on a structure that otherwise meets these massing provisions.
(2)
Roof pitch: Except as permitted under massing herein, roof pitch and pattern for new structures and additions to existing structures shall complement the roof pitches found on the main rooflines of existing structures within the CVD and the immediate surrounding area or at least 4 in 12 where the roofs of surrounding structures are flat or only slightly pitched.
(3)
Ground floor windows for nonresidential development:
(a)
All new nonresidential development, including nonresidential portions of mixed-use developments, shall provide ground floor windows along street facades, including windows that allow view into working areas or lobbies, pedestrian entrances, or display windows. The glazing pattern shall be aligned in a regular and traditional pattern as found within the CVD and the immediate surrounding area.
(b)
Window glazing or films that inhibit two-way visibility, such as darkly tinted and mirrored windows, are prohibited as ground floor windows. Mirrored windows are prohibited throughout the CVD.
(c)
Street facade blank walls greater than four feet in length that do not include display areas, functional landscape structures such as a trellis, windows, architectural features, and/or doorways are prohibited.
(4)
Architectural details and materials:
(a)
Architectural character of buildings must complement the historic character of buildings found within the CVD and the immediate surrounding area.
(b)
Facade materials shall be high-quality, authentic materials such as wood, stone or brick. Manufactured materials intended to duplicate the look of natural materials may be allowed.
(c)
External side elements, including but not limited to screening devices, site walls, enclosed service, loading and refuse areas and mechanical equipment, shall be designed as an integral part of the building's architectural character.
(d)
Primary entrance to buildings, other than single-family homes, shall be distinguished with facade variations, porticos, roof variations, recesses or other integral architecturally appropriate building elements.
(e)
Extended bands of corporate or franchise colors are prohibited in the CVD.
(f)
Metal-sided buildings are prohibited in the CVD.
(g)
The following design features shall be incorporated into structures within the CVD where architecturally appropriate. Structures shall include at least one of the following elements:
§ 240-130.8 Site development standards.
All new development and redevelopment and change of use except as set forth in § 240-130 within the CVD with the exception of single-family residences shall be subject to the provisions of Article IX, Site Plan Review, §§ 240-98 through 240-105.
A.
Access management. To ensure traffic safety, pedestrian safety and maintain traffic flow, the following standards for new access shall apply in the CVD:
(1)
New access on South Main Street and Main Street:
(a)
Shall only be allowed where the Building Commissioner determines that the access will improve internal circulation or address safety at existing access.
(b)
Interconnections between lots and uses are encouraged to prevent unsafe turning conflicts and increase pedestrian safety.
(c)
New driveways on South Main Street and Main Street within 200 feet of any intersection shall not be permitted unless the Town Engineer determines that the proposed driveway location will not create new traffic safety hazards or increase traffic congestion.
(2)
New access shall not be more than 24 feet in width unless the Building Commissioner or site plan review determines that a wider width is necessary for safety purposes.
B.
Parking spaces, computation.
(1)
The parking standards contained within the Schedule of Off-Street Parking Requirements, § 240-56 of the Barnstable Zoning Ordinance, shall establish the minimum parking requirements, with the following exceptions:
(a)
The use of shared parking for different uses having different peak hours of demand will be considered in evaluating compliance with § 240-56. A signed lease agreement or recorded easement between relevant parties sharing parking must be provided as part of the site plan approval.
(b)
A permitted use can be changed to another permitted use, and any permitted or accessory use can be intensified, without increasing the required off-street parking requirements of § 240-56, Schedule of Off-Street Parking Requirements, provided that:
(2)
Parking spaces shall be provided for new and/or expanded building area, and for new and/or expanded outdoor uses, as follows:
(a)
Parking space requirements for residential mixed use shall be subject to § 240-130.8B(1) above; and for the residential units parking, the parking requirement shall be one parking space per bedroom for one- and two-bedroom units or a total of two parking spaces for units with two or more bedrooms.
(b)
Parking space requirements for nonresidential uses shall be subject to § 240-130.8B(1) above.
(3)
Reduction of required parking spaces may be allowed, provided the Building Commissioner, who may waive up to two spaces, or if parking is proposed to be reduced by more than two (2) spaces the Zoning Board of Appeals must find that:
C.
Landscaping. All applications for new nonresidential development and redevelopment shall be accompanied by a landscape plan that shows the location within the development of each species of trees, shrubs and/or other plantings, their suitability for the conditions at the proposed location and their size at maturity.
(1)
Those portions of the front yard not occupied by pedestrian amenities and public spaces shall be landscaped.
(2)
Existing trees and other features of the land shall be protected in the development or redevelopment of the site.
(3)
Landscape materials shall be used that, at full growth, will not overwhelm the site location or interfere with views or pedestrian activity over time.
(4)
Landscaping plan will adequately provide street trees and will buffer parking areas from sidewalks and streets.
D.
Lighting.
§ 240-131 Craigville Beach District; statutory authority.
[Adopted 1-19-2011 by Ord. No. 11-01 of the Barnstable County Assembly of Delegates pursuant to Ch. 716 of the Acts of 1989 (Cape Cod Commission Act)]
§ 240-131.1 Purposes and intent.
[Adopted 1-19-2011 by Ord. No. 11-01 of the Barnstable County Assembly of Delegates pursuant to Ch. 716 of the Acts of 1989 (Cape Cod Commission Act)]
A.
The purpose and intent of §§ 240-131 through 240-131.8 are to guide development in the Craigville Beach District pursuant to the Guidelines of Barnstable County Ordinance 09-10 to ensure that development and redevelopment:
(1)
Contributes to and respects the character and historic development patterns of the area and minimizes inconsistent development and redevelopment impacts to the historic and community character resources in this area;
(2)
Protects and preserves scenic views and vistas and ways to the water;
(3)
Protects and improves natural resources, including but not limited to the barrier beach and groundwater and coastal water quality and minimizes development and redevelopment impacts to the natural resources and ecosystems in this district;
(4)
Protects human life and property from the hazards of periodic flooding;
(5)
Preserves the natural flood control characteristics and the flood control function of the floodplain;
(6)
Preserves and maintains the groundwater table and water recharge areas within the floodplain. As the entire complex of coastal wetland resources moves landward due to relative sea level rise, the Craigville Beach area's coastal floodplains immediately landward of salt marshes, coastal beaches, barrier beaches, coastal dunes, and coastal banks require special protection.
§ 240-131.2 District boundaries.
[Adopted 1-19-2011 by Ord. No. 11-01 of the Barnstable County Assembly of Delegates pursuant to Ch. 716 of the Acts of 1989 (Cape Cod Commission Act)]
A.
The provisions of §§ 240-131 through 240-131.8 shall apply within the Craigville Beach District (CBD), as shown on the Zoning Map of the Town of Barnstable, as amended in Section 1 above.[1]
[1]
Editor's Note: Section 1 of Ord. No. 11-01 of the Barnstable County Assembly of Delegates amended the Zoning Map of the Town of Barnstable. A description of said amendment is included in the Table of Zoning Map Revisions at the end of this chapter.
B.
Neighborhood Overlays. For the purpose of §§ 240-131 through 240-131.8, the Craigville Beach District is divided into the following Neighborhood Overlay areas, as shown on the Zoning Map and identified as:
LBSB | Long Beach/Short Beach | |
CB | Craigville Beach | |
CRNB | Centerville River North Bank | |
CV | Craigville Village |
§ 240-131.3 Definitions.
[Adopted 1-19-2011 by Ord. No. 11-01 of the Barnstable County Assembly of Delegates pursuant to Ch. 716 of the Acts of 1989 (Cape Cod Commission Act)]
A use or structure which is customarily incidental to and subordinate in area, extent, and purpose to that of the principal use or structure.
The elevation shown on the Flood Insurance Rate Map (FIRM) that indicates the water surface elevation resulting from a flood that has a one-percent chance of equaling or exceeding that level in any given year.
The vertical distance from the grade plane to the highest point of a gable, hip or gambrel roof and the highest point of the coping of a flat roof. These height limitations shall not apply to chimneys, cupolas, flagpoles or other similar appurtenances as approved by the Building Commissioner.
The first significant break in slope beyond the one-hundred-year storm elevation on a seaward face or elevated landform, other than a coastal dune, which lies at the landward edge of a coastal beach, land subject to tidal action, or other coastal wetland. The slope of the bank must be greater than 18% and serve to contain storm flowage, rather than being inundated by it, or function as a sediment source. (See Barnstable Code, Wetlands Protection, § 237-5.)
A form of access which is not a street but extends from a street and provides common vehicular access to more than one lot. For the purposes of calculating lot coverage, the common driveway's impervious surfaces shall be equally allocated among the lots served and/or benefited by the common driveway in proportion to the sizes of the lots.
A group of three or more detached dwellings, under one ownership, legally in existence at the time of the adoption of §§ 240-131 through 240-131.8, located on a single lot, which are customarily rented out to the transient public by day, week, month, or season and occupied on a seasonal basis only. Cottage colonies shall not be used year round. Cottage colony structures shall not exceed 1 1/2 stories and 800 square feet of gross floor area.
Destruction of 20% or more of the exterior walls of a building or the destruction of more than 50% of the roof structure of a building, not including like-for-like replacement of the roof structure.
A structure elevated for the purpose of Barnstable Code, § 240-34, Floodplain District, whose lowest structural member is one foot above BFE in A Zones and two feet above BFE in V Zones.
[Amended 5-22-2014 by Order No. 2014-126]
Federal Emergency Management Agency.
Geographic areas susceptible to inundation by water that FEMA has mapped according to varying levels of flood risk, as defined and delineated on a community's Flood Insurance Rate Map, as may be amended from time to time.
Flood Insurance Rate Map.
The referenced plane as of November 6, 2009, representing the ground elevation adjoining the proposed building at all exterior walls. Where the ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and a point six feet from the building, or between the building and the lot line, whichever point is closer. Retaining walls for mounded septic systems mandated by the Board of Health are not included in the calculation of grade.
The sum of all floor areas within a building or structure, measured from the perimeter of the outside walls of the building under consideration, without deduction for hallways, stairs, closets, thickness of walls, columns, or other features. It shall include all areas capable of being used for human occupancy, including all basement floor areas, mezzanine and attic space and enclosed porches.
That space above the plate line but below the ridgeline in an area commonly called the "attic space," provided that the gross floor area of the half story shall not exceed 66% of the gross floor area immediately below the half story.
A surface which prevents the penetration of precipitation or other liquids into the ground, including roofs, concrete, asphalt, sidewalks, etc. Any area designed for vehicle use or vehicle parking covered with porous pavers, which may become impervious over time may, at the discretion of the Building Commissioner, be considered impervious surface.
For the purpose of determining maximum building coverage and maximum lot coverage allowances, the lot area for legally created lots that are vacant or developed and/or improved as of November 6, 2009, shall be the horizontal area of the lot defined by metes and bounds. All of the lot area used for zoning compliance shall be land other than that under water nine months or more in a normal year.
The percentage of a lot covered by impervious surfaces. For the purposes of §§ 240-131 through 240-131.8, paved driveways and parking areas, principal and accessory structures, and other on-site amenities that render any portion of a lot impervious shall be included in the calculation of lot coverage.
An educational use conducted by a not-for-profit corporation whose articles of incorporation permit it to engage in educational activities and educational purposes as its principal permitted use within the meaning of MGL c. 40A, § 3, including but not limited to libraries and museums.
A pile or column foundation designed for structures in flood zones that minimizes the foundation area subject to lateral flood loads. Open foundations are intended to prevent flotation, collapse, and lateral movement of a building during a flood event.
An institution engaged in religious purposes within the meaning of MGL c. 40A, § 3.
A use carried on for only a part of the year. Typical seasonal uses are outdoor recreational activities such as swimming and boating, both motorized and nonmotorized; impermanent use of cottages, motels, hotels, letting of rooms in a residential structure and letting an entire residential structure.
Any structure designed or used as temporary seasonal living quarters that is not used as a primary, permanent residence. Seasonal use structures may have heat and other amenities but do not deposit wastewater into wastewater treatment systems on a regular year-round basis and do not withdraw water for consumption or other activities on a regular year-round basis.
A detached residential building designed for and occupied by a single family.
An establishment legally in existence at the time of the adoption of §§ 240-131 through 240-131.8, where food is served to customers by wait staff. Small-scale food service does not include restaurants designed to serve a large volume of customers. Small-scale food service is subject to formula business limitations as described herein. These uses are intended to increase pedestrian activity.
The Zoning Board of Appeals shall be the special permit granting authority within the Craigville Beach District.
The vertical distance from top to top of two successive tiers of beams or finished floor surfaces; and, for the topmost story, from the top of the floor finish to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters.
Anything constructed or erected on the ground or which is attached to something located on the ground. Structures include buildings, sheds, swimming pools and towers, but shall exclude fences of six feet or less in height and flagpoles.
All lands not defined herein as wetlands.
The area extending from mean low water to the inland limit one-hundred-year floodplain supporting waves greater than three feet in height. V-zones are mapped on the FEMA FIRM.
The land under the ocean or under any bay, lake, pond, river, stream, creek or estuary; any wet meadows, marshes, swamps, bogs, areas where high groundwater, flowing or standing surface water or ice provide a significant part of the supporting substrata for a plant community for at least five months of the year, lowland subject to any tidal action or annual storm flooding or flowage, or any flat, beach, dune, or other shifting sand formation.
§ 240-131.4 Craigville Beach District use regulations.
[Adopted 1-19-2011 by Ord. No. 11-01 of the Barnstable County Assembly of Delegates pursuant to Ch. 716 of the Acts of 1989 (Cape Cod Commission Act)]
Municipal uses are exempt from these regulations. For principal permitted uses, see § 240-131.7 (Neighborhood Overlay regulations) herein.
A.
Use limitations.
(1)
Any use not expressly allowed herein is prohibited.
(2)
The conversion of any building or structure from seasonal use to year-round use is prohibited, except that single-family residences are not subject to this use limitation. The conversion of a building, or buildings, constituting a cottage colony, hotel, inn or rooming house, or of a facility required to be licensed as a recreational camp, overnight camp or cabin, or motel under MGL c. 140, §§ 32A to 32I, to condominium-type ownership, shall be deemed to be a change in use from seasonal to year-round use and is prohibited.
(3)
Permitted business and retail uses shall not include a business which is required by contractual or other arrangement to maintain one or more of the following items: standardized (formula) array of services and/or merchandise, trademark, logo, service mark, symbol, decor, architecture, layout, uniform, or similar standardized features and which causes it to be substantially identical to more than 14 other businesses regardless of ownership or location. Drive-up windows and/or drive-through facilities are prohibited.
B.
Exempt uses.
(1)
Religious institutions, accessory day-care centers, and nonprofit educational uses are permitted as exempt uses within the Craigville Beach District. These uses shall, however, be subject to and in conformance with the reasonable bulk, density, design and development regulations of the Craigville Beach District as set forth in § 240-131.1, Purposes and intent, § 240-131.5, Dimensional, bulk and other regulations, § 240-131.7, Neighborhood Overlay regulations, including general performance standards and applicable neighborhood performance standards.
(2)
Where the exempt use does not comply with said regulations, the Zoning Board of Appeals shall, by modification permit, modify said regulations if compliance with the regulation substantially diminishes or detracts from the usefulness of a proposed development or impairs the character of the development so as to affect its intended use; provided, however, that the relief granted will not create a public safety hazard along adjacent roadways and will not adversely impact natural resources or create a nuisance or adverse impacts to other surrounding properties. A modification permit shall be subject to the same procedural requirements as a special permit, except that approval of a modification permit shall require a simple majority of the members of the Board.
D.
Change, expansion or alteration of uses and structures. Changes, expansions, or alterations of existing conforming or nonconforming uses and structures lawfully existing are permitted subject to the following:
(1)
As of right.
(a)
The normal and customary repair and maintenance of a building or structure and the conversion of existing floor area to habitable space consistent with Board of Health and other regulations is permitted as of right.
(b)
The alteration and expansion of a building or structure is permitted as of right, provided that the alteration or expansion shall conform to following criteria:
[1]
Conforms to applicable height and setback requirements of § 240-131.5B, § 240-131.5A notwithstanding.
[3]
Complies with applicable general and neighborhood performance standards.
(2)
By special permit.
(a)
The alteration or expansion of an existing conforming or nonconforming lawfully established building or structure in lawful existence at the time of adoption of §§ 240-131 through 240-131.8 that does not qualify under the as-of-right provisions above shall be permitted only by a special permit from the SPGA. In granting such special permit, the SPGA shall find that the proposed alterations and/or expansions:
[1]
Are not substantially more detrimental to the environment, community and/or historic character of the neighborhood than the existing building or structure.
[2]
Comply with § 240-131.1, Purposes and intent, and with the performance standards and design guidelines for the neighborhood overlay area in which the development is located, in accordance with § 240-131.7, Neighborhood District Overlay regulations, with the exception of the dimensional requirements of § 240-131.7D(1).
[3]
Do not entail an increase in gross floor area or footprint for voluntary demolition of a single-family residence.
[4]
Do not exceed 25% of the gross floor area of structures in existence as of July 1, 1989, or do not exceed 10% of the gross floor area of structures in existence as of November 6, 2009.
[5]
Do not increase lot coverage over what is allowed under § 240-131.6, Coverage limitations, or by more than 10% over what was existing on November 6, 2009, whichever is greater.
[6]
Do not increase flood hazards in the neighborhood.
[7]
Maintain or enhance views to Nantucket Sound and/or the Centerville River where applicable in accordance with § 240-131.5, Note 4.
[8]
In V Zones, do not increase south-facing building surfaces so as to limit the adverse effect of increasing elevation or velocity of floodwaters due to a change in flowage characteristics on the subject site, adjacent properties, or any public or private way.
E.
Special permit for dimensional relief. The SPGA may provide relief from minimum yard setbacks when such relief ensures that the proposed development:
F.
Reestablishment of damaged or destroyed use, building or structure.
(1)
The reestablishment of a lawfully established conforming or nonconforming use and/or building or structure which has been destroyed or damaged by fire, acts of nature or other catastrophe shall be permitted as of right, provided that the Building Commissioner has determined that all the following conditions are met:
(a)
The reconstruction or repair will not materially increase the gross floor area or height of the building or structure beyond that which previously existed, nor materially increase the footprint of the structure; or materially change the grade other than grades required for installation or upgrade of on-site septic systems; except that buildings in the floodplain that existed prior to November 6, 2009, may be elevated two feet above BFE or as required by the applicable law regardless of the resulting building height, provided that the building complied with building height regulations at the time of its construction.
(b)
If the building's location on the lot is to be changed, it will change in a manner that will be closer to complying with the dimensional and bulk regulations and with performance standards regarding building orientation.
(c)
The reconstruction or repair will not constitute an expansion or intensification of any use.
(d)
In the case of any use in which it would otherwise be required, the site plan review process has been followed.
(e)
Design and architecture of damaged or destroyed buildings and structures in existence at the time of the adoption of this regulation may be replicated. If the Building Commissioner finds that the structure is to be rebuilt to replicate what existed before the damage or destruction, the design guidelines in this chapter do not apply. If the structure is in the floodplain, any design or architectural changes associated solely with floodproofing the reconstructed structure shall not require compliance with the design guidelines.
(2)
Any previously established use or structure which no longer complies with the provisions of the CBD shall be discontinued unless a building permit has been applied for within two years from the date of damage or destruction, and construction is continuously pursued to completion.
G.
Voluntary demolition and reconstruction of single-family residences. Lawfully established single-family residences may be demolished and reconstructed in accordance with § 240-131.4F.
§ 240-131.5 Dimensional, bulk, and other requirements.
[Adopted 1-19-2011 by Ord. No. 11-01 of the Barnstable County Assembly of Delegates pursuant to Ch. 716 of the Acts of 1989 (Cape Cod Commission Act)]
The following requirements apply to all development and redevelopment in the Craigville Beach Zoning District:
A.
For all legally created vacant lots, the frontage and area in existence as of November 6, 2009, and/or legally developed lots that were in existence as of November 6, 2009, and conformed to the existing zoning when legally created, the existing lot area, lot frontage, front, side and rear setbacks and building height dimensions may be used in lieu of the following dimensional requirements in § 240-131.5B, except where stated otherwise.
B.
Requirements table.
Neighborhood Overlays | |||||
|---|---|---|---|---|---|
Requirements | Village Craigville | Craigville Beach | Long Beach/Short Beach | Centerville River North Bank | |
Minimum lot area (square feet) | 87,120 | 87,120 | 87,120 | 87,120 | |
Minimum lot frontage (feet) | 75 | 100 | 125 | 125 | |
Minimum Front yard setback (feet) | 15 | 20 | 20 | 20 | |
Minimum Side yard setback (feet) | 10 | 15 | 154 | 15 | |
Minimum Rear yard setback (feet) | 10 | 15 | 15 | 15 | |
Maximum building height1,2,3 | 30 | 26 | 30 | 30 | |
Maximum number of stories3 | 2 | 2 | 2 | 2 | |
Maximum building coverage | See § 240-131.6. | ||||
Maximum lot coverage | See § 240-131.6. | ||||
Dimensional Table Notes: | |
1 Maximum building height allowances vary depending upon the roof pitch of the structure, with gable roofs having a slope of 7/12 or greater allowed the maximum building height; hip and other sloped roofs with a slope of 4/12 or greater are allowed five feet less than the maximum building height; and flat roofs prohibited except on one-story additions totaling less than 300 square feet per parcel. For the purposes of determining building height, no more than 50% of the roof slope used in the calculation may be altered by dormers and other roof changes. | |
2 Buildings in the floodplain that existed prior to November 6, 2009, may be elevated two feet above BFE or as required by the applicable law, provided that the building complied with building height regulations at the time of its construction. | |
3 The second story must be set back at least two feet from the facade line of the floor below on two of the building's facades, and the second story floor area shall not exceed 80% area of the floor area immediately below it. | |
4 In the Long Beach/Short Beach Neighborhood, to preserve and enhance views of Craigville Beach and the Centerville River, a view corridor shall be preserved using 20 feet of either side setback or, where side yard setbacks are less than 20 feet, the greater of either side yard setback existing on November 6, 2009. The view corridor shall remain free of view-obstructing buildings, structures, site improvements or landscaping other than low-growing plant material or existing natural vegetation for the entire depth of the property from the street to the river or beach. |
§ 240-131.6 Coverage limitations.
[Adopted 1-19-2011 by Ord. No. 11-01 of the Barnstable County Assembly of Delegates pursuant to Ch. 716 of the Acts of 1989 (Cape Cod Commission Act)]
The following limitations apply to all development and redevelopment in the Craigville Beach Zoning District.
Lot Size (square feet) | Maximum Building Coverage (Footprint) Allowance (square feet) | Maximum Lot Coverage Allowance |
|---|---|---|
1,300 to 4,999 | 1,100, plus 10.8% of lot area over 1,300 | 50% |
5,000 to 7,499 | 1,500, plus 6% of lot area over 5,000 | 50%, but no more than 3,200 square feet |
7,500 to 9,999 | 1,650, plus 6% of lot area over 7,500 | 3,200 square feet |
10,000 to 14,999 | 1,800, plus 4% of lot area over 10,000 | 3,300 square feet |
15,000 to 19,999 | 2,000, plus 6% of lot area over 15,000 | 3,400 square feet |
20,000 to 34,999 | 2,300, plus 4% of lot area over 20,000 | 3,600 square feet |
35,000 to 44,999 | 2,900, plus 4% of lot area over 35,000 | 3,600 square feet or 10%, whichever is greater |
45,000 and above | 3,300, plus 3% of lot area over 45,000 | 10% |
§ 240-131.7 Neighborhood Overlay regulations.
[Adopted 1-19-2011 by Ord. No. 11-01 of the Barnstable County Assembly of Delegates pursuant to Ch. 716 of the Acts of 1989 (Cape Cod Commission Act)]
A.
Purpose. The Neighborhood Overlay regulations establish uses, dimensional requirements and design guidelines to preserve the distinctive character; allow continued use and enjoyment of properties and structures; make provisions for changes and expansions; protect and preserve scenic views and vistas; protect and improve natural resources; and limit damage from periodic flood events for each neighborhood within the Craigville Beach District.
B.
Historic and community character. These regulations will ensure that development and redevelopment in the CBD contribute to and do not detract from the historic character of the Craigville Beach area; that any proposed additions to historic structures shall be consistent with the historic structure and shall be consistent with the character of the surrounding neighborhood, including elements such as building height, mass and orientation; and preserve views and ways to the water from public spaces, streets and ways.
C.
Applicability. Development and redevelopment shall be subject to the following additional requirements and regulations based upon the applicable Neighborhood Overlay.
D.
General performance standards.
(1)
The development complies with the setbacks and lot coverage requirements set forth herein, and is in character with surrounding structures, particularly structures that predate it unless relief has been granted by the SPGA in accordance with § 240-131.4D and E.
(2)
The development complies with the height limitations set forth herein.
(3)
Exposed foundation walls for raised septic systems and/or elevated structures are prohibited; foundation walls shall be screened through the use of foundation plantings and/or the use of other natural materials.
(4)
Stormwater management and erosion control for nonresidential uses comply with best management practices through low-impact development or other adaptive management practice.
(5)
Up to 50 square feet of roof deck may be allowed atop the first or second floor of a structure if the railing and support structure for the roof deck are constructed fully below the tallest part of the roofline they are contained within.
(6)
All new non-water-dependent development shall be set back at least 50 feet from the top of the coastal bank resource area. Change, alteration, or expansion of existing structures shall not be sited closer to the top of the coastal bank resource area than the existing development to the maximum extent feasible.
(7)
Existing natural vegetation within the fifty-foot buffer area to salt marsh and undisturbed buffer areas 50 feet landward of the mean high-water mark of coastal water bodies shall be preserved to the maximum extent feasible.
(8)
No direct untreated stormwater discharges shall be permitted into any coastal waters or wetlands, including discharges above or below the mean high water level. Stormwater discharge shall be located and treated the farthest practicable distance from wetlands and water bodies and shall be located a minimum of 50 feet from wetlands or water bodies.
E.
Long Beach/Short Beach Neighborhood.
(1)
Permitted principal uses: The following principal uses are permitted in the Long Beach/Short Beach Neighborhood Overlay area subject to the performance standards listed below.
(a)
Single-family residence.
(2)
Permitted accessory uses: Customary and incidental uses and structures are permitted in the Long Beach/Short Beach Neighborhood Overlay area subject to the use limitations and performance standards listed in § 240-131.7D.
(3)
Neighborhood performance standards. All development and redevelopment shall meet the following standards:
(a)
No development or redevelopment shall be permitted within V Zones, except that existing structures may be changed or altered, provided that there is no increase in gross floor area, footprint, or intensity of use (including but not limited to increases in wastewater flow and impervious area) within the V Zone. This provision shall not be construed to include duly permitted docks and piers.
(b)
New septic systems shall be prohibited in V Zones except to upgrade existing failed systems where such systems pose a demonstrated threat to public health, water quality, or natural resources.
(c)
Any activity or development in a V Zone that creates an adverse effect by increasing elevation or velocity of floodwaters due to a change in drainage or flowage characteristics on the subject site, adjacent properties or any public or private way is prohibited. Any proposed activity shall not result in flood damage due to filling which causes lateral displacement of floodwaters that, in the judgment of the SPGA, would otherwise be confined to said area. The burden of proof for this standard rests with the applicant and shall require certification by a professional engineer.
(d)
Open foundations shall be designed to accommodate only the height required to elevate the lowest structural member two feet above the BFE in V Zones and one foot above BFE in A Zones. For all new construction and substantial improvements within the V Zones, the space below the lowest floor must either be free of obstruction or constructed with nonsupporting breakaway walls, open wood lattice-work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system.
F.
Craigville Beach Neighborhood.
(1)
Permitted principal uses. The following principal uses are permitted in the Craigville Beach Neighborhood Overlay area subject to the performance standards listed below.
(2)
Permitted accessory uses. Customary and incidental uses and structures are permitted in the Craigville Beach Neighborhood Overlay area subject to the use limitations and performance standards listed in § 240-131.7D.
(3)
Neighborhood performance standards. All development and redevelopment shall meet the following standards:
(a)
No development or redevelopment shall be permitted within V Zones, except that existing structures may be changed or altered, provided there is no increase in gross floor area, footprint, or intensity of use (including but not limited to increases in wastewater flow and impervious area) within the V Zone.
(b)
New septic systems shall be prohibited in V Zones except to upgrade existing failed systems where such systems pose a demonstrated threat to public health, water quality, or natural resources.
(c)
Any activity or development in a V Zone that creates an adverse effect by increasing elevation or velocity of floodwaters due to a change in drainage or flowage characteristics on the subject site, adjacent properties or any public or private way is prohibited. A proposed activity shall not result in flood damage due to filling which causes lateral displacement of floodwaters that, in the judgment of the SPGA, would otherwise be confined to said area. The burden of proof for this standard rests with the applicant and shall require certification by a professional engineer.
(d)
Open foundations shall be designed to accommodate only the height required to elevate the lowest structural member two feet above the BFE in V Zones and one foot above BFE in A Zones. For all new construction and substantial improvements within the V Zones, the space below the lowest floor must either be free of obstruction or constructed with nonsupporting breakaway walls, open wood lattice-work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system.
(4)
Beach club design guidelines.
(a)
Purpose: to maintain public views to the water and to maintain the neighborhood's existing character with small-scale building masses and natural or traditional building materials.
(b)
Building height and massing. New construction on beach club properties shall have modest massings to relate to the small scale of most structures in the beachfront neighborhood. Any structure with a footprint of 3,000 square feet or more shall incorporate significant changes in massing to break up the facade and should integrate one-story massings into the design to relate the building to the surrounding smaller structures.
(c)
Building orientation. Buildings shall be oriented with the narrow end facing the street and the water to maximize public views of the water across the site. New buildings or complexes should not extend over more than 150 feet of the lot frontage, and efforts should be made to limit the expansion of existing buildings.
(d)
Maintaining views to water. Multiple buildings on one lot should be clustered close together to limit obstructed views of the water, or shall be separated from each other by 100 feet or more of road frontage to allow broad unobstructed views across the lot to the water.
(e)
Fences. Fences shall be of open construction and low profile (such as split rail and low picket fencing) to maintain public views to the water. Fences over three feet in height should be limited to screening loading and delivery areas adjacent to buildings, or modest trash collection areas. Screening fences should not extend farther than necessary beyond the building footprint to maintain public views.
(f)
Building materials. Exterior building materials shall be those traditionally used in the region or other naturally weathering materials, such as wood shingle, wood clapboard, or board and batten siding.
G.
Centerville River North Bank Neighborhood.
(1)
Permitted principal uses. The following principal uses are permitted in the Centerville River North Bank Neighborhood Overlay area subject to the performance standards listed below:
(a)
Single-family residence.
(2)
Permitted accessory uses. Customary and incidental uses and structures are permitted in the Centerville River North Neighborhood Overlay area subject to the use limitations and performance standards listed in § 240-131.7D.
(3)
Neighborhood performance standards. All development and redevelopment shall meet the following standards:
(a)
Tree removal or vista pruning shall not interrupt the treeline as viewed from the south looking northward to the treeline.
(b)
No development or redevelopment shall be permitted within V Zones, except that existing structures may be changed or altered, provided that there is no increase in gross floor area, footprint, or intensity of use (including but not limited to increases in wastewater flow and impervious area) within the V Zone.
(c)
Any activity or development in a V Zone that creates an adverse effect by increasing elevation or velocity of floodwaters due to a change in drainage or flowage characteristics on the subject site, adjacent properties or any public or private way is prohibited. A proposed activity shall not result in flood damage due to filling which causes lateral displacement of floodwaters that, in the judgment of the SPGA, would otherwise be confined to said area. The burden of proof for this standard rests with the applicant and shall require certification by a professional engineer.
(d)
Open foundations shall be designed to accommodate only the height required to elevate the lowest structural member two feet above the BFE in V Zones and one foot above BFE in A Zones. For all new construction and substantial improvements within the V Zones, the space below the lowest floor must either be free of obstruction or constructed with nonsupporting breakaway walls, open wood lattice-work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system.
H.
Craigville Village Neighborhood.
(2)
Permitted accessory uses. Customary and incidental uses and structures are permitted in the Craigville Village Neighborhood Overlay area subject to the use limitations and performance standards listed in § 240-131.7D.
(3)
Neighborhood performance standards. All development and redevelopment shall meet the following design guidelines:
(a)
Purpose. Most buildings in the Craigville Village Neighborhood date from the late 1800s and early 1900s when the neighborhood developed as a Christian Camp Meeting Association. The neighborhood is still defined by its historic structures and their configuration around a central green, small street grid, and communal paths.
(b)
Objectives.
[1]
To preserve the character-defining features of the original camp meeting neighborhood, including its small lots, modest-scale structures, and orientation of buildings to public areas.
[2]
To ensure that additions and alterations to structures are compatible with the existing scale and character of the building and preserve the original massing and unique architectural features of its historic buildings.
(c)
Application. The design guidelines set forth herein do not apply to structures in existence as of the date of the adoption of §§ 240-131 through 240-131.8, but shall apply to all new development, to any additions to existing structures, and to all reconstruction projects except as provided for in § 240-131.4F(1)(e).
(d)
Building design. The guidelines shall apply to construction of new structures and expansions and alterations of existing structures.
[1]
Preserve the original massing of historic structures (pre-1945).
[2]
Additions should be attached to secondary or less prominent facades of the building (the side or rear facades), and should be stepped back from the front and rear corners of the building so as to preserve the original massing of the structure, including its roof form.
[3]
Work with modest massings. Additions should be scaled to be consistent with or smaller than the size of the original historic structure, following the neighborhood tradition of expanding small cottages incrementally with modest additions. Additions should generally have a lower roofline than the original structure to maintain the prominence of the original building, though some additions may be slightly taller than the original structure if attached to the original structure with a smaller connecting mass.
[4]
Roof forms. The roof pitch on new construction and additions should complement the roof pitch of the original historic structure and should maintain a pitch of at least six over 12.
[5]
Retain original architectural details and unique forms. Additions should be placed so as to limit the removal of distinctive architectural trim and features that are unique to the building. Additions and alterations should not interfere with character-defining features, such as open porches, steeply pitched roof forms, unique windows, and carpenter gothic trim along eaves and entries. Siding materials used on the original structure should be retained, though other regional siding materials may be appropriate on additions.
§ 240-131.8 Additional provisions.
[Adopted 1-19-2011 by Ord. No. 11-01 of the Barnstable County Assembly of Delegates pursuant to Ch. 716 of the Acts of 1989 (Cape Cod Commission Act)]
A.
Other regulations. The following provisions of the Barnstable Code are hereby incorporated into this regulation: § 240-7, Application of district regulations; § 240-9C and D; § 240-10, Prohibited uses; § 240-34, Floodplain District; § 240-43, Accessory uses; § 240-46A and B, Home occupations; Article VI, Off-Street Parking, §§ 240-52, 240-53B through F, as delimited only in the Craigville Beach neighborhood; and sign regulations, §§ 240-59 through 240-63; Article XI, Growth Management, §§ 240-110 through 240-122; Article IX, Site Plan Review; Article XIII, Administration and Enforcement §§ 240-123 and 240-124; and § 240-125C, Special permit provisions, as these provisions of the Barnstable Code cited in this section may be amended from time to time.
[Amended 5-22-2014 by Order No. 2014-126]
B.
Conflicts. Unless otherwise stated, the requirements of the Craigville Beach District shall apply to uses and structures within the Craigville Beach District. In the event of a conflict, these regulations shall apply.
C.
Severability. The provisions of §§ 240-131 through 240-131.8 are severable. If any court of competent jurisdiction shall invalidate any provision herein, such invalidation shall not affect any other provisions of this chapter. If any court of competent jurisdiction shall invalidate the application of any provision of this chapter to a particular case, such invalidation shall not affect the application of said provision to any other case within the Town.