[Amended 5-9-2005 ATM, Art. 36]
Subject to the provisions of §§
164-4 and
164-43, a dwelling or structure hereafter erected shall be located on a lot having not less than the minimum requirements set forth in the schedule in §
164-21. For each dwelling unit or guesthouse on a lot, there shall be required forty thousand (40,000) square feet of contiguous upland as set forth in §
164-23 unless otherwise provided within this chapter. No lot occupied by a dwelling or structure shall be reduced in area to less than the minimum requirements, nor shall any lot be divided so that the distance between an existing dwelling or structure and the new lot line or new ways shall be less than the minimum requirements set forth in the schedule in §
164-21. In no case shall the total number of single family dwellings, accessory apartments and guesthouse(s) on any lot in the Residence District or on any lot in any other zoning district in which single family dwelling(s), accessory apartments(s) or guesthouse are permitted, exceed two (2).
[Amended 10-23-1985 STM, Art. 40]
A. The following shall be the lot, yard and bulk requirements:
[Amended 5-5-1981 ATM, Art. 49; 5-15-1989 ATM, Art. 62; 11-18-1991 ATM, Art. 3; 5-19-1997 ATM, Art. 29; 5-12-1998 ATM, Arts. 28, 29; 5-13-2002 ATM, Art. 24; 5-10-2004 ATM, Art. 24; 5-7-2007 ATM, Art. 23]
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Minimum Yard Dimensions
(feet)
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District
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Minimum Lot Size
(square feet)
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Minimum Frontage
(feet)
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Front
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Side
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Rear
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Maximum Building Height8,10
(feet)
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Maximum Lot Shape Number
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R
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40,0005
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1501,2
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25
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25
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25
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30
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22
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RB
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—3
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1001
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25
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25
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25
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30
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N/A
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LB11
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—
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—
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25
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10
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10
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30
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N/A
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GB11
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—
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—
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25
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10
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10
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30
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N/A
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VC11
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—
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—
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30
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3012
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N/A
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I11
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30,000
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100
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25
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107
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107
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30
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N/A
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CD
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—
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—
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—
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SC
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—
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—
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—
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—
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MB11
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—3
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1004
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25
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25
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25
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30
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N/A
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NOTES:
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2 Unless granted a Special
Permit by the Board of Appeals for buildings in existence at the time
of the passage of this amendment, i.e., March 1973.
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3 The building coverage
may not exceed fifteen percent (15%) of the lot.
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4 Minimum frontage requirements
shall not apply to lots with less than one hundred (100) feet and
more than fifty (50) feet of frontage which existed prior to the creation
of the RB and MB Districts and which are not in common ownership with
any abutting lot.
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5 The building coverage in a Residential District shall not exceed fifteen percent (15%) of the buildable upland. However, building coverage in a Residential District shall not exceed four thousand (4,000) square feet without the issuance of a Special Permit under the provisions of § 164-44. In no event shall the Board of Appeals be authorized to grant a Special Permit which would result in building coverage which exceeds fifteen percent (15%) of the buildable upland.
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7 Except 50' set back from
any wetland as defined in the Massachusetts Wetlands Protection Act,
MGL C. 131 Sec. 40 and the Regulations issued thereunder, 310 CMR
10.04 as of April 1, 1983, or land shown on Assessor's Maps 8, 9,
10, and 11 as Town of Orleans Watershed.
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8 See § 164-40.2 for the dimensional requirements for educational, municipal and religious uses.
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10 Refer to § 164-39C(9) Height for communication structure height limitations.
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11 See also paragraph D, subparagraphs (3) and (4) in Section 164-34 for gross floor area ratio and impervious surface coverage.
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12 See Section 164-19.1 E for alternative building height in the Village Center.
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B. Building separation. Any building intended for human habitation,
except in licensed boys' or girls' camps, shall be separated from
any other such building on the same lot by a distance equal to the
required side yard unless connected with a solid roofed structure
with a permanent floor to create usable space fit for occupancy or
access between the two buildings.
[Amended 10-15-1986 STM, Art. 34; 5-10-2004 ATM, Art. 25; 5-9-2016 ATM, Art. 38]
C. In all zoning districts, all construction, with the exception of
water-dependent facilities, such as piers, docks, floats, boathouses,
structures used in conjunction with fishing and shellfishing and structures
used for agricultural purposes, shall be set back a minmum distance
equal to one and one-half (1 1/2) times the building height from
any coastal bank, coastal beach, coastal dune, salt marsh, inland
pond, lake or inland bank bordering on any pond or lake. "Building
height," for the purpose of this section, shall be the vertical distance
from the preexisting natural grade at the foundation on the side of
a building facing the coastal bank, coastal beach, coastal dune, salt
marsh, inland pond, lake or inland bank bordering on any pond or lake,
as defined herein, to the highest point of the building(s). Notwithstanding
anything contained in this section, no building shall be required
to be set back more than fifty (50) feet from any coastal bank, coastal
beach, coastal dune, salt marsh, inland pond, lake or inland bank
bordering on any pond or lake. The terms "coastal bank," "coastal
beach," "coastal dune," "salt marsh," "inland bank," "pond" or "lake,"
as used in this section, shall be defined as in the Massachusetts
Wetlands Protection Act, MGL C. 131, § 40, and the regulations
issued thereunder, 310 CMR 10.04, as of May, 2008.
[Added 5-5-1987 ATM, Art. 44; amended 5-11-2009 ATM, Art. 25]
The minimum required area of a lot, when used for building purposes, shall not be less than the minimum required by this chapter for the district in which it is located. Said lot shall not be interpreted to include any area below mean water level on freshwater and below mean high water on tidal water or within the limits of any defined way, nor shall less than forty thousand (40,000) square feet consist of contiguous upland (see §
164-4), exclusive of marsh, bog, swamp and wetland, except as provided for in §
164-22A.