701.1.
Single Residence Districts.
701.1.1.
The limit of height of all buildings and structures in Single Residence Districts shall comply with § 198-801, Table of Dimensional Requirements, except that schools and, on lots of five acres or greater in area, dwellings may be three stories high, but may not exceed the maximum allowed heights for buildings and structures set forth in § 198-801, Table of Dimensional Requirements.
[Amended 5-5-1999 STM by Art. 9; 4-7-2011 ATM by Art. 19]
701.1.2.
The limitations of height in feet shall not apply to chimneys, ventilators, skylights, tanks, bulkheads, penthouses and other necessary features usually carried above roofs, nor to towers or spires of churches and other buildings, if such features are in no way used for living purposes; provided, however, that no wireless communications facility shall be erected except in compliance with Article 15 or Article 15A.
[Amended 5-2-1996 STM by Art. 3; 5-7-1997 ATM by Art. 32; 11-1-2005 STM by Art. 2]
701.2.
Light Manufacturing Districts.
701.2.1.
The limit of height in Light Manufacturing Districts shall comply with § 198-801, Table of Dimensional Requirements, with the exception that § 198-701.1.2. shall apply; provided, however, that no wireless communications facility shall be erected except in compliance with Article 15.
[Amended 5-2-1996 STM by Art. 3; 5-7-1997 ATM by Art. 32; 5-14-1998 ATM by Art. 48; 5-5-1999 STM by Art. 9]
[Amended 4-7-2011 ATM by Art. 19]
702.1.
All buildings or structures in any district shall comply with the setbacks in § 198-801, Table of Dimensional Requirements. The setbacks shall apply to any public or private street right-of-way whether accepted or not. The setbacks shall apply to whichever distance is greater, except as provided in § 198-702.2 and 702.3 below; except that any existing lot shown on a plan or described in a deed, recorded in the Registry of Deeds, that conformed to the area and frontage requirements on, but not after, January 28, 1998, shall be considered to be conforming with this Zoning Bylaw; and any existing structure that conformed with regulations respecting location on, but not after, January 28, 1998, shall be considered to be conforming. Exempt from the setback requirements of this paragraph are roof eaves, stoops, stairs, bulkheads, chimneys and bay windows; and fences and walls up to six feet in height from the existing natural ground level.
[Amended 5-14-1998 ATM by Art. 51; 5-5-1999 STM by Art. 9; 5-5-1999 STM by Art. 11; 5-6-2004 ATM by Art. 21; 5-5-2005 ATM by Art. 26]
702.2.
A building or structure in existence on March 1, 1960, may extend
within 50 feet of any center line of the street; a porch attached
thereon may extend within 20 feet of any street lot line; and a two-story
porch that is not enclosed at least 1/2 of the year may project six
feet into the front yard.
[Amended 5-5-1999 STM by Art. 11]
702.3.
In Single Residence Districts if there are two or more single-family
dwellings on the same side of a street between two streets consecutively
intersecting such street and within 200 feet of the lot in question,
any new single-family dwelling may extend as near the line of such
street as the average alignment of such then existing single-family
dwellings with respect to said street lot line. A new single-family
dwelling shall extend only as near such street lot line as the average
alignment of the single-family dwellings.
[Amended 5-5-1999 STM by Art. 11]
702.4.
On a corner lot, no planting, structure or part of a building
may extend within 20 feet of any corner street lot line intersection
if the planting, structure or building interferes with the traffic
visibility around the corner.
[Amended 5-5-1999 STM by Art. 11]
[Amended 4-7-2011 ATM by Art. 19]
703.1.
Behind every building or structure there shall be provided a backyard between the rear line of the building or structure and the rear lot line meeting the setbacks in § 198-801, Table of Dimensional Requirements, except as authorized by special permit issued by the ZBA. A backyard may contain accessory buildings or structures, each of which may not be more than 1 1/2 stories high and that together may not cover more than 30% of the backyard, and none of which may extend within 10 feet of any lot line, except as authorized by special permit issued by the ZBA.
[Amended 5-1-1995 STM by Art. 5; 5-5-1999 STM by Art. 9]
703.2.
At each side of a building or structure there shall be a side yard meeting the setbacks in § 198-801, Table of Dimensional Requirements; except that any existing lot shown on a plan, or described in a deed, recorded in the Registry of Deeds that conformed to the area and frontage requirements on, but not after, December 15, 1998, shall be considered to conform to this Zoning Bylaw; and any existing building or structure that was in compliance with regulations respecting location on, but not after, December 15, 1998, shall be considered to be conforming with this Zoning Bylaw. The above provision shall not apply; if an existing lot has less than the minimum frontage required by this Zoning Bylaw. In any such case, a special permit for a side yard of such width as may be approved by the ZBA may be issued in accordance with the provisions of § 198-203. A garage, either attached to the single-family, two-family, attached dwelling or multifamily dwelling or detached, may be located beside the dwelling, provided that there is a yard between the garage and the side lot line not less than that required by this Zoning specified in this paragraph.
[Amended 4-28-1986 ATM by Art. 26; 5-5-1999 STM by Art. 9; 5-12-1999 ATM by Art. 37]
703.3.
Except as otherwise provided by this Zoning Bylaw, for any nonresidential
use, or for any use accessory thereto, all provisions of this Zoning
Bylaw in regard to depth and width of yards applying to dwellings
shall be observed.
[Amended 5-5-1999 STM by Art. 9; 4-7-2011 ATM by Art. 19]
704.1.
In all zoning districts, the percentage of a lot that may be covered by any building or structure shall meet the requirements in § 198-801, Table of Dimensional Requirements.
704.1.1.
In the business districts, the open space required in this paragraph
shall be located in such a way as determined by the Building Commissioner
to properly light and ventilate the building or structure and to provide
access in case of fire.
[Amended 4-7-2011 ATM by Art. 19]
705.1.
[Amended 5-2-1983 ATM by Art. 13; 5-4-1992 STM by Art. 3]
705.1.6.
If a lot is shown on a plan recorded at the Registry of Deeds
on or before the effective date of an amendment to this Zoning Bylaw
increasing the area or frontage requirements enacted at the Special
Town Meeting called for June 20, 1951, and if such lot conformed to
the requirements of this Zoning Bylaw before such amendment but not
afterwards, then such parcel or lot shall be considered to meet the
requirements of such amendment, but no division of such lot may be
made that will increase the extent of nonconformity between the lot
and the amended requirements of this Zoning Bylaw.
705.1.7.
If a lot conformed to the requirements of this Zoning Bylaw
before the adoption of an amendment or amendments to said Zoning Bylaw
changing the area or frontage requirements enacted under the warrant
for the Special Town Meeting called for November 30, 1953, but did
not conform to the requirements as amended, and if such lot meets
either of the following two conditions, no division of the lot may
be made whereby the remaining land, if any, excluding the lot or lots
to be sold, may be smaller than the minimum size provided for the
zone in which such remaining land is located or have less frontage
than the minimum provided:
705.1.7.1.
It is shown on a plan or described in a
deed recorded at the Registry of Deeds on or before October 9, 1953;
or
705.1.7.2.
It is shown on a plan of a subdivision that
was submitted to the Planning Board for approval on or before November
2, 1953, and that was approved by the Planning Board and recorded
in the Registry of Deeds not later than 20 days after November 30,
1953; then such lot shall be considered to meet the area and frontage
requirements, as amended, but no division of such lot may be made
that will increase the extent of nonconformity between the lot and
the amended requirements of this Zoning Bylaw.
705.1.8.
In a Residence Zone 20,000 square feet - 120 feet Front or Residence
Zone 30,000 square feet - 150 feet Front, no building lot may be laid
out and no dwelling may be erected on a lot unless the center of a
circle 75 feet in diameter can be passed along a continuous line from
the side line of the street along which the frontage of the lot is
measured to any point of the dwelling, or proposed dwelling, on the
lot without the circumference intersecting any side lot lines. In
a Residence Zone 40,000 square feet - 180 feet Front or a Residence
Zone 60,000 square feet - 210 feet Front, no building lot may be laid
out and no dwelling may be erected on a lot unless the center of a
circle 100 feet in diameter can be passed along a continuous line
from the side line of the street along which the frontage of the lot
is measured to any point of the dwelling, or proposed dwelling, on
the lot without the circumference intersecting any side lot lines.
This § 198-705.1.8 shall not apply to an existing dwelling
or to a dwelling for which a building permit has been issued as of
the effective date of the adoption of this paragraph, which is May
2, 1983, or to any alteration, extension or structural change thereto.
[Amended 5-5-1999 STM by Art. 11]
705.2.
No dwelling may be erected in a Business District or in a Light
Manufacturing District or in Residence Zone 20,000 square feet-120
feet Front on a lot of land unless the lot has at least 20,000 square
feet of area and at least 120 feet of frontage on a street. No dwelling
may be erected in a Residence Zone 30,000 square feet-150 feet Front
on a lot of land unless the lot has at least 30,000 square feet of
area and at least 150 feet of frontage on a street. No dwelling may
be erected in a Residence Zone 40,000 square feet-180 feet Front on
a lot of land unless the lot has at least 40,000 square feet of area
and 180 feet of frontage on a street.
705.3.
No building, structure, or dwelling may be erected on a lot of land not fronting on a street, which lot contains less than 20,000 square feet in area or has less than the minimum area and frontage on a right-of-way required for the zone in which it is located, unless such building, structure, or dwelling is accessory only to some existing building, structure, or dwelling, and no dwelling may be erected on a lot fronting on a street, which lot contains less area and less frontage on a street than the minimum area and frontage required for the zone in which said parcel or lot of land is located, as set forth in § 198-705.1.1 through 705.1.7 herein, except that where a lot was recorded at the Registry of Deeds at the time this Zoning Bylaw was adopted, in which case, the provisions of § 198-201, applying to narrow and irregular lots, shall apply.
705.4.
No lot for which application for a permit to build has been
made, or upon which a building or structure has been erected, may
be reduced or changed in area or shape so that the lot, as so reduced
or changed, or any land of the owners remaining after such reduction
or change fails to have the minimum area and frontage required for
the zoning district in which such land is located, unless such land
as so changed shall be added to, and become a part of, another lot
conforming to the requirements of the zoning district in which such
lot is located.
705.5.
The area of any lot, for the purpose of ascertaining the minimum
required, may not include any part of the street or way upon which
it abuts, but this provision shall not apply to any area beyond the
street lot line set aside by the Planning Board as a temporary turnaround
area on a dead-end street intended for extension.
[Amended 5-5-1999 STM by Art. 11]
706.1.
A building lot that is located on more than one street must comply with the front setback requirement with respect to each street on which it is located, except as may be authorized by special permit granted by the ZBA pursuant to § 198-203, and must meet the frontage requirement on one such street.
[Amended 5-3-1993 ATM by Art. 16]
