§ 240-131.3. Definitions.  


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  • ACCESSORY USE OR BUILDING
    A use or structure which is customarily incidental to and subordinate in area, extent, and purpose to that of the principal use or structure.
    BASE FLOOD ELEVATION (BFE)
    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.
    BEACH CLUB
    A membership establishment legally in existence at the time of the adoption of §§ 240-131 through 240-131.8, not open to the general public, located in close proximity to a beach and providing recreational and social activities, including food service, to members.
    BUILDING COVERAGE
    The percentage of a lot covered by principal and accessory buildings or structures. For the purposes of §§ 240-131 through 240-131.8, this definition does not include uncovered swimming pools and tennis courts, and decks not exceeding 100 square feet or 10 feet in length.
    BUILDING HEIGHT
    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.
    COASTAL BANK
    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.)
    COMMON DRIVEWAY
    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.
    CONFERENCE CENTER
    A nonprofit religious and educational use legally in existence at the time of the adoption of §§ 240-131 through 240-131.8, comprised of guest houses and cottages, single-family residences, recreational areas, lodging for guests, meeting spaces, and summer recreational opportunities.
    COTTAGE COLONY
    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.
    DEMOLITION, VOLUNTARY
    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.
    ELEVATED 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]
    FEMA
    Federal Emergency Management Agency.
    FEMA FLOOD ZONES
    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.
    FIRM
    Flood Insurance Rate Map.
    GRADE
    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.
    GROSS FLOOR AREA
    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.
    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.
    IMPERVIOUS SURFACE
    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.
    LOT AREA
    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.
    LOT COVERAGE
    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.
    NONPROFIT EDUCATIONAL USE
    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.
    OPEN FOUNDATION
    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.
    RELIGIOUS INSTITUTION
    An institution engaged in religious purposes within the meaning of MGL c. 40A, § 3.
    SEASONAL USE
    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.
    SEASONAL USE 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.
    SINGLE-FAMILY RESIDENCE
    A detached residential building designed for and occupied by a single family.
    SMALL-SCALE FOOD SERVICE
    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.
    SPECIAL PERMIT GRANTING AUTHORITY (SPGA)
    The Zoning Board of Appeals shall be the special permit granting authority within the Craigville Beach District.
    STORY
    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.
    STRUCTURE
    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.
    UPLAND
    All lands not defined herein as wetlands.
    V (VELOCITY) ZONE
    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.
    WETLAND
    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.
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)