Town of Harwich, MA Article VI Area, Height and Bulk Regulations

§ 325-15 Applicability of area, height and bulk regulations.

The regulations for each district pertaining to minimum lot area, minimum lot frontage, maximum front yard depth, minimum side yard width, minimum rear yard depth, and minimum residential net floor area shall be as specified in this article and set forth in the Table of Area Regulations and Table of Height and Bulk Regulations and subject to the further provisions of this article. In the Drinking Water Resource Protection Districts, the regulations as herein set forth for the underlying zoning district shall apply. A fence, wall or other enclosure, unless otherwise regulated, shall be regulated as provided in § 325-17 below.

§ 325-16 Tables of area and height and bulk regulations.

See tables on accompanying pages, plus attached notes, which are declared to be a part of this bylaw.[1]

[1] Editor's Note: See Tables 2 and 3 at the end of this bylaw.

§ 325-17 Fences, walls or other enclosures.

A fence, hedge, wall or other enclosure may be maintained on any premises. In order to preserve and promote the safety of the public, any fence, hedge or shrub or other growth or enclosure wall on the corner lot or curb obstructing the view of motorists and situated within 15 feet of a public street or curb or side line thereof shall not be permitted by the owner or occupant of the premises to exceed the height of three feet above road grade, and any and all trees within said fifteen-foot area (shade trees to be subject to the provisions of MGL c. 87, § 3) shall have limbs trimmed to the height of six feet above road grade, provided that on a corner lot no structure or vegetation shall be over three feet in height within the sight triangle as hereafter defined. The sight triangle is defined as the area within a triangle formed by two lines measured along the center of the nearest lane of the traveled way of intersecting streets from the point of intersection for a distance of 25 feet and a third line connecting the points on the two legs. The height restrictions shall designate the distance above each point in the plane of the sight triangle.

§ 325-18 Additional regulations.

A. The required minimum width of any lot hereafter laid out or created, measured along the front yard setback line, shall not be less than 80% of the required minimum lot frontage. In order to comply with the minimum square foot requirement, any lot hereafter created for building purposes must be a closed plot of land having a definite area and perimeter and having a shape number not exceeding the numerical value of 22, except that a lot may have a shape number larger than 22, provided that the site intended for building is contained within a portion of said lot, which said portion meets the zoning requirements of the area in which it is located and has a shape number not exceeding 22. The lot shape number shall be obtained by dividing the square of the lot perimeter (P), measured in feet, by the area of the lot (A), measured in square feet (i.e., P² ÷ A<22).

[Amended 5-7-2013 STM by Art. 13]

B. In all districts where single-family dwellings are permitted, no more than one such dwelling shall be allowed on a lot.

C. Any structure located on a corner lot shall be set back from all streets a distance equal to the front yard setback requirement in the district.

D. At each end of a through lot, there shall be a setback depth required which is equal to the front yard depth required for the district in which each street frontage is located.

E. On a lot used for hotel or motel purposes, parking lots, roads, streets, tennis courts, swimming pools and like amenities and facilities shall not cover more than 15% of the area of the lot. For the purpose of this subsection, golf courses, putting greens, bowling greens and similar amenities which do not involve covering the ground with any impervious material shall not be included for the purpose of computing the total ground coverage of a project.

[Amended 9-26-2020 ATM by Art. 22]

F. Projections into required yards or other required open spaces are permitted, subject to the following:

(1) Balcony or bay window, limited in total length to 1/2 the length of the building: not more than two feet.

(2) Open terrace or steps, stoop or similar structure, under four feet in height: up to 1/2 the required yard setback.

(3) Window sill, chimney, roof eave, fire escape, fire tower, storm enclosure or similar architectural structures or steps or stoops over four feet in height: not more than two feet.

G. In any district, any permitted accessory building, use or structure shall conform to the applicable setback for the principal structure or use, except that any accessory building less than 100 square feet in area and not exceeding 12 feet in height may be set back five feet from side or rear lot lines. In all zoning districts, a shelter for persons awaiting the arrival of public transportation may be erected without observing the area of setback requirements of this bylaw.

H. No outside staircase shall be used to furnish primary access to any of the units in a hotel or motel.

[Amended 9-26-2020 ATM by Art. 22[1]]

[1] Editor's Note: This article also repealed former Subsections H, I, J, L and M and renumbered former Subsections K, and N through R as Subsections H through M, respectively.

I. Whenever a use is established on a parcel in the IL District and such parcel or parcels abut or face a parcel which is zoned or used for residential purposes, the use in the IL District shall be effectively screened and buffered from the adjoining residential parcel. Screening shall consist of either a contiguous solid fence or wall not less than six feet nor more than eight feet in height or a contiguous staggered row of densely planted evergreen shrubs which, when planted, contains individual plantings which are no less than five feet in height. In no case shall any plantings used for compliance with this screening requirement be planted less than five feet apart on center. Any screening required by this subsection shall be installed at least 10 feet from any side or rear lot line and 15 feet from any street lot line, shall be maintained in good condition, and may be interrupted only by driveway openings which meet a street. Any plantings or fencing components installed for compliance with this subsection which deteriorate to the point where they no longer provide an effective screen shall be replaced.

J. There shall be no site preparation work done in connection with development of any use of land other than single-family or single-family with accessory apartment use and no such work in connection with development of any subdivision until all necessary permits and approvals have been obtained. This subsection shall not prohibit site work reasonably necessary to the conduct of a land survey or any tests required as a condition precedent to the issuance of any permit or approval. If after obtaining all necessary permits and approvals such work is commenced and later abandoned, any areas of the site which have been disturbed during construction shall be revegetated in a manner sufficient to prevent erosion. To secure revegetation in the case of abandonment of a project, the Building Official or, in the case of a subdivision of land, the Planning Board may require the owner to post a bond or other satisfactory security in an amount reasonably estimated as sufficient to perform the work.

K. A lot with the required legal frontage must take access along the required legal frontage. No alternate access may be granted from other streets, roads, or ways, nor should access be taken from an easement across an adjacent property without the issuance of a special permit from the Planning Board. In issuing a special permit, the Planning Board shall make the following findings:

(1) The alternate access proposed is superior to the access along the frontage;

(2) The proposed alternate access is cleared to a minimum of 16 feet in width and 16 feet in height; and

(3) When access is proposed from an easement across another lot, the lot providing the easement will have the required legal frontage for the zoning district.

L. Panhandle lots may be approved by the Planning Board under the Subdivision Control Law, provided that the following conditions are met:

[Added 5-7-2013 STM by Art. 13]

(1) Lot frontage and lot width within the panhandle portion shall be a minimum of 35 feet.

(2) The length of the panhandle portion of a lot shall be a maximum of 300 feet.

(3) Suitable access by a driveway to such lot is provided within the panhandle and, in the opinion of the Board, the access is wide enough and otherwise satisfactory for a driveway.

(4) All panhandle lots shall meet the shape number requirements of § 325-18A.

(5) No panhandle portion of any lot may be contiguous to another panhandle portion of a lot at the street line.

M. Retaining wall(s) for septic systems. The provisions of § 325-17 notwithstanding, on an improved parcel, a retaining wall(s) associated with the installation of a septic system (e.g., mounded septic system) required by the Board of Health and/or Title 5, shall be setback no less than 10 feet to any lot line.

[Added 5-6-2019 ATM by Art. 25]

§ 325-19 Height exceptions.

A. In reference to Table 3, any maximum height permitted in this bylaw shall not apply to:

(1) Municipal use and essential service structures, provided that the side and rear yards or setbacks required in the district for the highest permitted principal structure shall be increased two feet in width for each foot by which the height or such structures exceeds the height permitted in the district.

(2) Special industrial structures, such as a cooling tower and other similar structures where the industrial process requires a greater height.

(3) Any personal wireless service facility, provided that no structure erected in connection with such use exceeds 45 feet in height above ground level in all districts and further provided that in a PWS District no structure erected in connection with such use exceeds 150 feet above ground level.

B. Note: Additional requirements for personal wireless service facilities are contained in Article XI, Personal Wireless Service Facilities, of this bylaw.

§ 325-20 Stories for human use or occupation.

[Amended 9-26-2020 ATM by Art. 22]

In reference to Table 3, maximum permitted height (stories), in no case may any building used for hotel or motel use exceed 50 feet in height nor contain more than four levels for human occupation. In no case shall a single-family residence contain more than two levels for human occupation, provided that the basement or cellar of a single-family residence can be used as a family room or recreational room but shall not be used as sleeping quarters unless it is made to comply with the provisions of the Building Code regulating the design and construction of such rooms. In no case shall any other building provide more than two stories or levels for human use or occupation.

§ 325-21 Table 2, Area Regulations.

Table 2 is included at the end of this bylaw.

§ 325-22 Table 3, Height and Bulk Regulations

Table 3 is included at the end of this bylaw.