§ 240-128. Definitions.

In the interpretation of this chapter, the following words and terms are to be used and interpreted as defined herein unless the context otherwise requires:

ACTIVE ADULT DWELLING

An attached dwelling unit (apartment) intended and operated for occupancy by persons 55 years of age or older in which at least 80% of the occupied units are occupied by at least one person who is 55 years of age or older in accordance with applicable requirements of federal and Massachusetts law.

ACUTELY HAZARDOUS WASTE

As defined in MGL Ch. 21C.

[Added 8-19-1993 by Order No. 93-105]

ADJOINING

When used to modify "lot" or "lots," shall mean that the said lots share a common boundary or property line for at least 20 continuous feet.

[Added 11-2-1995 by Order No. 95-198]

ADULT BOOKSTORE

An establishment having as a substantial or significant portion of its stock-in-trade, books, magazines, and other material, which are distinguished or characterized by their emphasis depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL Ch. 272, § 31. For purposes of this definition, "substantial or significant portion of stock" shall mean greater than 25% of the subject establishment's inventory stock or greater than 25% of subject premises' gross floor area, or 200 square feet, whichever is greater.

[Added 6-4-1998 by Order No. 98-064]

ADULT MOTION-PICTURE THEATRE

An enclosed building used for presenting material, motion picture films, video cassettes, cable television, slides or any other such visual material distinguished by an emphasis on matter depicting, describing, or relating to sexual conduct or sexual excitement as defined in MGL Ch. 272, § 31.

[Added 6-4-1998 by Order No. 98-064]

ADULT PARAPHERNALIA STORE

An establishment having as a substantial or significant portion of its stock devices, objects, tools, or toys which are distinguished by their association with sexual activity, including sexual conduct or sexual excitement as defined in MGL Ch. 272, § 31. For purposes of this definition, "substantial or significant portion of stock" shall mean greater than 25% of the subject establishment's inventory stock or greater than 25% of subject premises' gross floor area, or 200 square feet, whichever is greater.

[Added 6-4-1998 by Order No. 98-064]

ADULT VIDEO STORES

An establishment having a substantial or significant portion of its stock-in-trade for sale or rent, movies, videos, and similar audio/visual media, which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in MGL Ch 272, § 31. For purposes of this definition, "substantial or significant portion of stock" shall mean greater than 25% of the subject establishment's inventory stock or greater than 25% of subject premises' gross floor area, or 200 square feet, whichever is greater.

[Added 6-4-1998 by Order No. 98-064]

ADULT USE

As defined herein, an adult bookstore, adult paraphernalia store, adult motion-picture theatre establishment, or an establishment which displays live nudity, or any other business or establishment characterized by an emphasis depicting, describing or related to sexual conduct or sexual excitement as defined in MGL Ch. 272, § 31. Adult use shall include an establishment with a combination of adult use materials as listed above including books, magazines, devices, objects, tools, or toys, movies, videos, and any similar audio/visual media for sale or rent, which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in MGL Ch. 272, § 31, which in combination, is either greater than 25% of the subject establishment's inventory stock or greater than 25% of subject premises' gross floor area, or 200 square feet, whichever is greater.

[Added 6-4-1998 by Order No. 98-064]

AGRICULTURE AND RELATED USES

The adoption of this definition is explicitly intended to be a clarification of existing ordinances and is not intended to be a new restriction.

[Added 10-7-1999 by Order No. 99-160A]

A. 

For the purposes of § 240-8A(3), agriculture, horticulture, floriculture and viticulture on a parcel of land more than five acres subject to statutory exemption pursuant to MGL Ch 40A, § 3, shall be defined to mean what they mean under state statute.

B. 

For the purposes of § 240-8DA(4), on a parcel of land five acres or less in size, the terms agriculture, horticulture, viticulture, aquaculture or floriculture shall not include:

(1) 

The sale of products or plants grown elsewhere;

(2) 

The storage of loam, mulch, gravel, and similar materials;

(3) 

The storage of plants for installation, use or sale elsewhere;

(4) 

The parking, storage or use of heavy equipment; and

(5) 

The assembling of crews for the purpose of landscape construction and maintenance at off-site locations.

APARTMENT UNIT

That portion of the floor area of a single-family dwelling or a multifamily dwelling designed for occupancy by a single family.

[Amended 3-1-2018 by Order No. 2018-053]

ASSISTED LIVING DWELLING

An attached dwelling unit (apartment) in which supportive services are offered for individuals who need assistance in activities of daily living.

BED-AND-BREAKFAST

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; the temporary abode of visitors who have a permanent residence elsewhere.

[Added 2-20-1997]

BOATHOUSE

A building used solely for the storage of boats and related equipment.

BUILDING HEIGHT

The vertical distance from the ground level to the plate.

DOCK or PIER

A combination of assembled materials that may be used as access to the water and extending below the reach of mean high water, including but not limited to, the following:

[Amended 2-1-2001]

A. 

Elevated open, pile-supported structure including gangways, floats, extensions, including ells and tees, dolphins, outhaul piles, and attendant pilings;

B. 

Floating dock or pier; and

C. 

Float, dock or pier installed for seasonal use, whether fixed or floating.

DWELLING, SINGLE-FAMILY

A detached residential building designed for and occupied by a single family and providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

[Amended 3-1-2018 by Order No. 2018-053]

DWELLING, TWO-FAMILY

A detached residential building designed for and occupied by two families.

ESTABLISHMENT WHICH DISPLAYS LIVE NUDITY

An establishment which provides live entertainment for its patrons, which includes the display of nudity, as that term is defined in MGL Ch. 272, § 31.

FAMILY APARTMENT

An apartment unit within a single-family dwelling intended to be occupied only by family members of the property owner and which provides complete independent living facilities for one or more persons, as outlined herein, including permanent provisions for living, sleeping, eating, cooking and sanitization.

[Amended 3-1-2018 by Order No. 2018-053]

FAMILY MEMBER

Any person who is related by blood or marriage.

FLOOR AREA, GROSS

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 area, mezzanine and attic space and enclosed porches.

[Amended 10-7-1993 by Order No. 94-016]

HALF STORY

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.

[Added 6-28-2001 by Order No. 2001-036]

HAZARDOUS MATERIALS

As defined in Chapter 108, Hazardous Materials, of the Code of the Town of Barnstable.

[Added 8-19-1993 by Order No. 93-105]

HAZARDOUS WASTE

As defined in MGL Ch. 21C.

[Added 8-19-1993 by Order No. 93-105]

INTENSIFICATION OF USE

Any new construction, reconstruction, alteration, remodeling, repair, enlargement, change in use, increase in capacity, or addition of service resulting in greater off-street parking demand.

LOT

A single area of land in one ownership defined by metes and bounds or boundary lines, no portion of which is bisected by a street.

LOT COVERAGE

The term "maximum lot coverage as % of lot area" where used as a column heading in bulk regulations shall mean the maximum lot coverage by structures as a percent of lot area.

[10-4-1990 by Order No. 90-68]

LOT WIDTH

The width of any lot shall be measured wholly within the lot at the building setback line along a straight line parallel to a line connecting the intersection of the front boundary with the lot side lines, except that an owner of land may establish his own setback line at a distance greater than that required, and the lot width may be determined at the setback line so established.

MARIJUANA

Has the meaning given "marihuana" in Chapter 94C of the General Laws.

[Added 2-6-2014 by Order No. 2014-050]

MARIJUANA DISPENSARY, REGISTERED

Also known as "RMD" or "medical marijuana treatment center," shall mean an establishment properly registered with the Massachusetts Department of Public Health under 105 CMR 725.100 that acquires, cultivates, possesses, processes (including development of related products such as edible marijuana infused products, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to registered qualifying patients or their personal caregivers.

[Added 2-6-2014 by Order No. 2014-050]

PERSONAL WIRELESS SERVICE FACILITIES

Facilities for personal wireless service including commercial mobile radio services, unlicensed wireless services and common carrier wireless exchange access services as defined by the Telecommunications Act of 1996.

[Added 6-3-1999 by Order No. 99-74A]

RETAIL

The term "retail" shall not be construed to include "restaurant."

SETBACK

The distance between a street line and the front building line of a principal building or structure, projected to the side lines of the lot. Where a lot abuts on more than one street, front yard setbacks shall apply from all streets.

SHAPE FACTOR (LOT SHAPE FACTOR)

The numerical value resulting from:

A. 

Division of the square of the perimeter in feet of a lot by the area in square feet thereof; or

B. 

Division of the square of the perimeter in feet of that portion of a lot intended as the site for building by the area in square feet thereof.

[Amended 1-20-2005 by Order No. 2005-038]

SHUTTLE SERVICE

Use of a multipassenger vehicle to shuttle parking lot patrons between remote parking lots, parking facilities, and transportation terminals.

[Added 7-21-2016 by Order No. 2016-166]

SIGN

See Article VII, § 240-59 et seq., herein.

SPECIMEN TREES

A native, introduced or naturalized tree which is sufficiently well grown to be an important visual element on a site. Any tree with a dbh of six inches or greater is eligible to be considered a specimen tree. Trees that have a small height at maturity, or are slow growing, such as a flowering dogwood or American holly with a dbh of four inches or larger, are eligible to be considered specimen trees.

[Amended 3-11-1999 by Order No. 99-056]

SPORTS AND RECREATION FACILITY

A facility that offers indoor and outdoor sporting, recreation, physical fitness and training, and athletic competition venues. Such a facility may include multiple structures including a field house that contains one indoor ice rink, and one or more playing fields, athletic courts, track space, swimming pools, fitness training centers, locker rooms, batting cages, accessory retail and sports related proshops, athletic and fitness training center, including rehabilitation facilities, food concessions and restaurant, child-care areas, sports-related museums and memorabilia, accessory office space and community meeting rooms. Such facilities may also contain outdoor playing fields, tracks and courts, swimming pool, viewing stands, scoreboards, shall not have an outdoor ice rink, outdoor lighting, and detached comfort stations (restrooms/concessions) and other accessory structures.

[Added 8-17-2017 by Ord. No. 2017-165]

STORY

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.

STRUCTURE

Any production or piece of work, artificially built up or composed of parts and joined together in some definite manner, not including poles, fences and such minor incidental improvements.

TENT

A temporary shelter with a frame supporting a cloth or similar flexible covering, without a fixed location, foundation or permanent anchors.

[Added 2-22-1996 by Order No. 95-194]

UPLAND

All lands not defined herein as wetlands.

VERY SMALL QUANTITY GENERATORS

Those operations that generate less than 26 gallons or 220 pounds of dry weight of hazardous waste per month and no acutely hazardous waste as defined in 310 CMR 30.00.

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.

Editor's Note: Former § 240-129, Hyannis Downtown 500 Block Moratorium Zone, added 4-10-2003 by Town Council agenda item 2003-045, which immediately followed this section, was removed from the Code because it ceased to be effective on 5-10-2005.

Added 5-19-2016 by Order No. 2016-146