Town of Marblehead, MA Article V Dimensional Regulations

§ 200-15 District regulations.

[Amended 5-1-1995 ATM by Art. 40; 5-1-2000 ATM by Art. 47; 5-6-2019 ATM by Art. 26]

A. Minimum dimensional regulations. Table 2, Dimensional Regulations, sets forth the minimum lot area, frontage, yard setbacks, open area requirements, and the height limitations for all uses.[1]

Minimum Yard Setbacks

Definition of "yard" in § 200-7 and Table 2

Note: The above sketch is illustrative only

Minimum Setback Requirement

§ 200-15B(3)

Note: The above sketch is illustrative only.

 

Open Area Calculation
Definition of "open area" in § 200-7, § 200-15B(2) and Table 2
Note: The above sketch is illustrative only.
	How to figure:
	Step 1. Calculate Open Area
		Lot area minus house footprint including porches, decks, steps and bulkheads
			Minus accessory building(s) footprint
			Minus ponds and horizontal areas subject to oceanic tidal action and areas below mean high water.
	Step 2. Calculate Gross Floor Area
		Sum of all floors including basement, cellar, porches and accessory buildings
			Excludes crawl space, attic space, and space under a roof each of which is less than five feet in height
	Step 3. Compare Open Area to Gross Floor Area
		Depending on the zone of the property there are two situations:
			1.	Nearly all properties require one square foot of open area for each one square foot of gross floor area;
			2.	Only in the Business 1 Zone District and for nonresidential uses in the Business Residential District is there the requirement of one square foot of open area for each two square feet of gross floor area.

[1] Editor's Note: Table 2 is included at the end of this chapters.

B. Interpretation of dimensional regulations.

(1) The minimum front yard setback shall be determined by a line parallel to the front lot line extending from one side lot line to the other. In the case of corner lots, the front setback line shall be observed for all bordering streets. Exterior steps and landings not exceeding the minimum required egress width and depth and not exceeding four feet in height as set forth in the State Building Code may protrude into the minimum front setback area. No part of any building shall be placed within or protrude into any of the setback areas except for the following: steps only in the front yard setback as described in this subsection and in all setback areas; cornices not exceeding 18 inches in width, eaves, chimneys, windowsills, signs, fences. Any projection other than the foregoing exceptions requires a special permit for use and dimension from the Board of Appeals. (See illustrative sketch.)

(2) Open area as listed in Table 2 specifically excludes those portions of a lot devoted to house footprint including porches, decks (unless cantilevered), steps and bulkheads, accessory building(s) footprint, ponds and horizontal area subject to oceanic tidal action and areas below mean high water.

(3) Not more than one principal dwelling or other principal building shall be constructed or placed on a lot except as expressly set forth in § 200-11B(2) herein.

§ 200-16 Additional dimensional provisions.

A. Minimum developable lot.

(1) A lot can be altered as a matter of right only if no new or increased nonconformities are created.

(2) Notwithstanding the area and frontage requirements a single detached one-family dwelling or lawful building other than a dwelling may be constructed and used on a lot having not less than 12 feet of frontage but having less than the prescribed minimum area and/or minimum frontage (provided that all other regulations of this Bylaw are complied with) if at the time of application for a building permit, the lot is a minimum of 5,000 square feet in area; and said lot prior to the date of the adoption of the requirements in question:

(a) Was lawfully laid out by plan or deed duly recorded in the Essex South District Registry of Deeds (or registered in the Essex South District of the Land Court); and

(b) Was otherwise exempted from such requirements by statute; and

(c) Conformed to the area and frontage requirements of the Bylaw applicable at the time of said recording or approval.

(d) Was not held in common ownership with any adjoining land at the time of recording or approval, whichever occurred first.

[Added 5-6-2019 ATM by Art. 26]

B. Multiple lot ownership. Any lot held in common ownership with any adjoining land at the time of recording of any plan or deed shall be subject to the area and dimensional requirements of this Bylaw, except to the extent provided by Chapter 40A, Section 6.

C. Business district setback. In a business district, front yard setbacks may conform to the average alignment of dwellings or buildings of similar use already erected on the same side of the street within 200 feet on each side of the lot.

[Amended 5-6-2019 ATM by Art. 26]

D. Maximum front yard setback. In all districts the maximum setback, measured through the lot, shall not exceed twice the lot frontage.

E. Minimum lot width. The width of a lot shall not at any point be less than 75% of the required lot frontage (for corner lots only the frontage opposite the rear lot line) without having first obtained a special permit for use and dimension from the Board of Appeals. (See the definition of "lot width" in § 200-7.)

F. Corner lot visibility requirement. Any building or obstruction constructed on or moved to a lot which is bounded by streets or ways which intersect and form a corner shall not occupy the space within a triangle whose apex is the corner, whose two adjacent sides are the property lines which abut the streets or sidewalks and whose third side is a line connecting a point on each property line located 20 feet from the corner without a special permit for use and dimension from the Board of Appeals.

G. Maximum building height. In all zone districts the maximum height of any building shall be 35 feet excepting in the five Shoreline Districts and the Harborfront District where the maximum height for all buildings shall be 30 feet.

H. Maximum fence or wall which is not a retaining wall height. In all zone districts the maximum height of any fence shall be six feet. Fences shall be measured upward from the lowest point at which the fence post, fence, or wall (not a retaining wall) meets the ground to the top of the fence, fence post, or wall whichever is higher. Fence posts may be a maximum of six feet six inches. Only the posts may exceed six feet.

[Amended 5-1-2000 ATM by Art. 50; 5-6-2019 ATM by Art. 26]

I. Porch enclosure in required open area. Any preexisting covered or roofed but otherwise open area of a building which encroaches on the required open area at the front, sides or rear as stipulated in Table 2, Dimensional Regulations, or which exceeds the applicable height regulation shall require, prior to enclosure, a special permit for use and dimension by the Board of Appeals.

J. Public and private schools and places of worship. Lots or buildings occupied by religious or nonprofit educational uses shall be subject to the dimensional requirements of the district in which they are located. The dimensional requirements of a district shall be modified by special permit upon a showing by the school or place of worship that the strict application of them to the lot or building is unreasonable and would substantially diminish or impair the religious or educational use of the lot or building without advancing the purposes of the Bylaw. The Board of Appeals, in implementing the Bylaw shall not take any action, impose any conditions, or make any decisions, which would contravene or be inconsistent with the provisions of Massachusetts General Laws Chapter 40A, Section 3.

[Amended 5-1-2000 ATM by Art. 45]