Boxford City Zoning Code
ARTICLE VI
Development Regulations
§ 196-23 Height regulations.
A.
The height of any structure in all districts shall not exceed 35 feet or three stories.
[Amended 5-12-1982 ATM, Art. 34]
B.
Building height shall be measured as the vertical distance from the average elevations of the finished lot grade at the front of the building to the highest point of the top story in the case of a flat roof, and to the mean height between the plate and the ridge in the case of a pitched roof.
C.
Each story shall be deeded to be the portion of a building between the upper surface of any floor and the upper surface of any floor next above, having more than 1/2 of its height above the average elevation of the finished grade adjoining the building, provided that any part of a building between the topmost floor and the roof shall be deemed a half story.
D.
Limitations of height shall not apply to such structures as belfries, flagpoles, chimneys, radio and television antennas, windmills, silos, water tanks and similar noninhabitable structures.
§ 196-24 Area, frontage and yard regulations.
A.
Use of legally established lots. Nothing in this section shall prevent the use of land, which is not held in common ownership with any adjoining land, for the activities which comply with the permitted uses for the district in which the land is located, upon lots legally established preceding the adoption of any amendment and nonconforming as to width, area or frontage, provided that no such lot shall be changed in width, area or frontage, respectively, in such manner as to increase its nonconformity. Nothing in this section shall be construed to permit the use of any lot so affected without at least 50 feet of frontage.
[Amended 5-12-1982 ATM, Art. 36; 5-14-1986 ATM, Art. 38; 6-9-1987 STM, Art. 4]
B.
Lot area. (Lot as defined in Article VIII.)
(1)
For each dwelling in any district, except for the Elderly Housing District, there shall be a lot area of not less than two acres.
(2)
The minimum lot area within Business and Manufacturing or Industrial Districts shall have one acre and be in accordance with an approved site plan submitted pursuant to § 196-30 below, except as provided in § 196-14B(10)(f).
(3)
Computation of lot area.
(a)
In computing the area of any lot, no part of a public or private way, except a common driveway or other easement for nonmotorized recreational use, and no part of a pond or river shall be included.
[Amended 5-14-1986 ATM, Art. 35]
(b)
Every lot laid out for residential use shall have at least one acre of contiguous legally buildable area of naturally occurring land with soils not subject to flooding as defined in 310 Code of Massachusetts Regulation 10.57, and sufficiently dry to permit installation and use of facilities for disposal of sanitary waste.
[Amended 5-11-1983 ATM, Art. 38; 5-15-1985 ATM, Art. 25; 5-2-1987 ATM, Art. 43; 5-18-1988 ATM, Art. 54]
(c)
In any lot created after the adoption of this amendment, no land which is part of a Wetland Resource Area as specified in 310 CMR 10.02 (1)(a) subject to protection under the Massachusetts Wetlands Protection Act, MGL, c. 131, § 40, nor any land within 75 feet of such Wetland Resource Area may be counted towards the contiguous buildable area.
[Added 5-10-1995 ATM, Art. 38]
(4)
The minimum area of a lot within the Elderly Housing District shall be 24 acres.
(5)
The maximum number of dwellings on any given lot within the Elderly Housing District shall be 104.
[Amended 5-9-1990 ATM, Art. 25]
(6)
The number of buildings containing dwellings on any lot within the Elderly Housing District shall not exceed one for every two acres of lot area.
C.
Lot coverage. All buildings, including accessory buildings, shall not cover more than 25% of the area of any lot, except that the Board of Appeals may grant a special permit for larger building occupancy in any district other than R-A.
D.
Lot frontage and width.
(1)
Minimum lot frontage.
(a)
For each dwelling in an R-A Residence-Agricultural District and for every building which includes a dwelling in any district, there shall be a minimum continuous lot frontage of 250 feet, except in the Elderly Housing District where the minimum continuous lot frontage shall be 100 feet.
[Amended 3-2-1970 ATM, Art. 27]
(b)
In Business and Manufacturing or Industrial Districts the minimum lot frontage shall be in accordance with an approved site plan submitted in accordance with § 196-30.
(c)
Lot frontage shall be measured along the side line of a street or right-of-way not less than 50 feet in width, as shown on plans filed with the Planning Board, and such right-of-way shall thereafter be considered as a street for the purpose of this bylaw.
(2)
Minimum width of lot.
(a)
Each lot for residential use in an R-A Residence-Agricultural District shall contain a minimum diameter area of 200 feet within which any dwelling shall be built, which dwelling shall conform to all setback and other provisions of this bylaw. The diameter area of 200 feet shall be designated on any plans for the lot and need not conform to the said setback provisions.
[Amended 5-15-1985 ATM, Art. 26; 5-14-1986 ATM, Art. 38; 5-2-1987 ATM, Art. 44; 5-10-2005 ATM, Art. 25]
(b)
No lot laid out after adoption of this amendment shall have a lot width measured between side lot lines of less than 100 feet at any point in the buildable portion of said lot.
(c)
Each lot for residential use in an R-A Residential-Agricultural District shall have a minimum depth of at least 50 feet along its minimum required frontage for a minimum of 200 contiguous feet along such frontage.
[Amended 5-18-1988 ATM, Art. 55; 5-2-1987 ATM, Art. 45; 5-10-1995 ATM, Art. 39]
(3)
Frontage exception for larger lots.
[Added 5-13-1975 ATM, Art. 10; amended 5-20-1980 ATM, Art. 29; 5-10-1995 ATM, Art. 40]
(a)
Notwithstanding the above provisions, a lot in an R-A Residence-Agricultural District need not have the specified amount of street frontage, provided that:
[1]
The area of the lot exceeds by at least four acres the minimum area required for such an R-A District;
[2]
The lot has a minimum continuous street frontage of not less than 50 feet and a width of not less than 50 feet at any point between the street and the site of the dwelling;
[3]
There is not more than one other such lot with frontage contiguous to it; and
[4]
It is not, in the opinion of the Planning Board, so located as to block the possible future extension of a dead-end street.
(b)
Notwithstanding any other provisions, no such lot as described in Subsection D(3)(a) above on which a dwelling is located shall be hereafter subdivided, reduced in area.
[Amended 5-14-1986 ATM, Art. 38]
E.
Front yards. Every structure in all districts, except for the Elderly Housing District, shall be so located as not to extend within:
(1)
Fifty feet of the front lot line, except that no building need be set back more than the average setback of the buildings on either side, a vacant lot being counted as though occupied by a building set back 50 feet.
[Amended 5-11-1999 ATM, Art. 35]
(2)
In case of lots abutting on more than one street, the full width of the front yard shall be provided from each street.
(3)
Every structure in Elderly Housing Districts shall be so located as not to extend within 200 feet of the front lot line.
[Amended 5-11-1999 ATM, Art. 36]
F.
Rear and side yards.
(1)
Every main structure or part thereof in a residential district and every dwelling or part thereof in any district shall be so located as not to extend within 25 feet of a side or rear lot line or within 50 feet of any other building.
(2)
Structures, other than dwellings in a Business or Manufacturing or Industrial District, shall be located to provide rear and side yards in accordance with the site plan required under § 196-30 and Subsection H below.
(3)
The common building and every building in the Elderly Housing District shall be located as not to extend within 100 feet of a side or rear lot line.
G.
Watercourse yards. There shall be a yard or setback between any building or structure in any district and a watercourse, stream, swamp or floodway of a width to leave the area subject to flooding free of obstruction.
H.
Appurtenant open space. No yard or other open space required for a building by these bylaws shall, during the life of such building, be occupied by or counted as open space for another building.
I.
Projections. Nothing herein shall prevent the projection of steps, unroofed porches, cornices, windowsills, built courses and other ornamental features into any required yard.
J.
Corner clearance. Within an area formed by the side line of intersecting streets and a line joining points on such lines 15 feet distant from their point of intersection, or in case of a rounded corner, from the point of intersection of their tangents, no structure shall be erected and no foliage maintained between a height of 3 1/2 feet and a height of eight feet above the plane through their curb grades.
K.
Irregularly shaped lots.
[Added 5-14-1986 ATM, Art. 36; amended 5-12-1987 ATM, Art. 46; 5-22-1997 ATM, Art. 66]
(1)
Following acceptance of this subsection, no lot for residential use shall be laid out which is irregular in shape:
(a)
A lot with at least 250 feet of street frontage is substantially irregular in shape if the area of the lot is less than 50% of the area of a square lot of the same perimeter.
(b)
A lot with less than 250 feet of street frontage is substantially irregular in shape if the area of the lot is less than 20% of the area of a square lot of the same perimeter.
(2)
The aforementioned percentage standards may be applied to the entire lot or, at the discretion of the owner, to the minimum lot area which conforms to all other requirements of this bylaw.
§ 196-25 Accessory buildings and structures.
[Amended 5-9-1990 ATM, Art. 23; 5-11-1999 ATM, Art. 37]
Accessory buildings and structures, including detached garages, shall not be closer than 50 feet from the front lot line, nor any closer to any side or rear line than the height of such accessory building above the ground or 20 feet, whichever is greater, except structures used for housing animals which shall be set back 50 feet from all lot lines. No accessory building shall be located closer than 20 feet from any dwelling or main structure on a lot unless both structures conform with Building Code regulations relative to fire safety.
§ 196-26 Off-street parking and loading areas.
A.
Off-street parking spaces and loading areas shall be required in at least the ratio specified below for the following uses of land and buildings:
(1)
Dwellings: one parking space for each dwelling unit therein.
(2)
Places of public assembly including churches: one parking space for each three seats therein.
(3)
Schools: one parking space for each classroom therein, plus one space for each two employees or staff positions other than teachers; and where an auditorium is provided, one space for each three seats therein.
(4)
Hotels, motels and lodger accommodations: one parking space for each room accommodation therein and loading space for all delivery trucks or sanitary collection vehicles.
(5)
Other service establishments and retail businesses: the minimum required parking and loading spaces including driveways for these establishments shall be in proportion to at least one parking space of 300 square feet for each 100 square feet or fraction thereof of gross area, excluding basement storage area.
(6)
Wholesale and industrial establishments: one parking space for each two persons employed on the largest shift, plus one space for each company-owned and -operated vehicle, plus spaces for customers' vehicles as appropriate, and loading spaces for all delivery or shipping trucks.
(7)
Other uses requiring off-street parking and loading space: spaces in accordance with anticipated needs as determined by the grant of a special permit by the Board of Appeals.
(8)
In an Elderly Housing District, no housing shall be constructed unless there is provided on the lot off-street parking totaling at least four parking spaces as defined below for each three units contained in such residence buildings. Parking spaces with a garage may be counted towards the required number of parking spaces.
[Amended 5-14-1986 ATM, Art. 38]
B.
Required off-street parking and loading spaces shall be located on the same lot and in the same district as the building or use they are intended to serve, or, in the case of parking spaces, on other premises in the same district within 200 feet of such lot.
[Amended 5-22-1991 ATM, Art. 42]
C.
Required off-street parking and loading spaces shall not hereafter be reduced, nor any loading space counted as or substituted for a parking space.
D.
Required off-street parking spaces shall each contain a minimum of 162 square feet (9 feet by 18 feet) of area for each vehicle suitable for parking; provided, however, that a driveway may be considered a required parking space for a dwelling. In addition, within a parking lot, there must be adequate space provided for the aisles and other accessways so that the minimum square footage required for each parking space is maintained.
[Amended 5-11-1999 ATM, Art. 41]
E.
Required off-street parking and loading spaces shall all have adequate vehicular access to a street.
F.
No part of an off-street parking or loading space required for another building or use shall be included as part of an off-street parking area required for another building or use unless granted a special permit by the Board of Appeals upon its determination that the period of usage of such structures will not be simultaneous.
G.
All off-street parking areas and loading areas, other than those provided for dwellings, but including drives and other accessways, shall be paved with bituminous or other surfacing material and shall be provided where necessary with appropriate bumper and wheel guards. Illumination shall be so arranged as to deflect the light away from adjoining lots and abutting streets, and screening shall be provided where required by this bylaw.
H.
Parking areas and loading areas in Business and in Manufacturing or Industrial Districts shall be shown on site plans, as provided in § 196-30 below.
§ 196-27 Signs.
A.
In any and every district signs will be permitted in conformity with other provisions of this bylaw.
(1)
One sign pertaining to the lease, sale or use of a lot or building on which such sign is placed not exceeding a total area of six square feet;
(2)
One sign for identification of professional and home occupations or of occupant not exceeding a total of three square feet;
(3)
For directional purposes, not exceeding a total area of three square feet.
B.
Subject to a grant of a special permit by the Board of Appeals for specified periods not exceeding one year, other and larger signs, but in no case exceeding a total area of 36 square feet.
C.
No sign in any district shall be flashing or animated, nor shall be illuminated by other than white light directed within the area of the sign, and no illumination shall be allowed beyond 8:00 p.m. or after the business closes for the night, whichever is earlier, said sign allowed to be again illuminated when the business reopens the following morning.
[Amended 5-22-1997 ATM, Art. 50]
D.
In Business and Manufacturing or Industrial Districts signs will be permitted:
(1)
Advertising goods and services available on the premises, not exceeding one square foot for every linear foot of store frontage and in no case exceeding a total area of 36 square feet per lot.
(2)
For identification of the business, company or agency on a wall or parapet of the main building not exceeding 30 square feet for each separate business in a Business District and not exceeding 300 square feet in a Manufacturing or Industrial District.
(3)
For the purpose of identifying the business development or shopping center, one freestanding sign with a total of 36 square feet of area for each street on which the business development fronts.
E.
The Select Board Members may grant permits for signs no larger than 50 square feet, relating to some nonprofit, charitable public event, to be erected for not more than 30 days at a location and in a manner approved by the Select Board Members.
[Added 12-4-1972 STM, Art. 10; amended 9-12-2020 ATM by Art. 19]
§ 196-28 Manufacturing or industrial standards.
Buildings and uses permitted in the Manufacturing or Industrial District shall be subject to the following minimum standards for construction, use and operation. Applicants shall submit such evidence as is necessary for the Inspector of Buildings to determine compliance, including detailed plans certified as to compliance by an architect or engineer. Refusal of a permit on the grounds of lack of sufficient documentation may be appealed to the Board of Appeals.
A.
Hazardous or detrimental effect to adjacent property: No fire and explosive hazards shall exist such as to produce dangerous exposure to adjacent property.
B.
Gases: No noxious, toxic or corrosive fumes or gases shall be emitted.
C.
Dust and smoke: No observable dust or smoke shall be exhausted into the air.
D.
Heat and glare: No heat or glare shall be evident beyond the property line.
E.
Exterior lighting: No exterior lighting, other than properly shielded streetlighting, shall shine directly on adjacent properties or towards any street.
F.
Noise: No noise shall be detectable beyond the property line in excess of the average level or street and traffic noise generally heard at the point of observation, and no noise below such level shall be objectionable with respect to intermittence, beat frequency or shrillness. No external loud speakers will be permitted, except emergency alarms.
[Amended 5-14-1986 ATM, Art. 38]
G.
Vibration: No inherent and recurrently generated vibration shall be perceptible at the property line.
H.
Radiation: No dangerous radiation shall be detectable at the property line.
I.
Waste disposal and water service: Water service, and waste and refuse disposal methods shall comply with pertinent health regulations and shall be in accordance with the approved site plan.
J.
Screening: Screening by fences, walls and/or evergreen planting, in accordance with the approved site plan, shall be provided, erected and maintained to shield the business, industrial and manufacturing uses of land and buildings from any adjoining residential property.
K.
Storage: Fuel, raw or partially processed or finished material, machinery and equipment, including company-owned or -operated vehicles, shall not be stored between the street line and the front line of structures on the subject lot, or if there be no structure within 50 feet of the street line, and in no case to be visible from the street.
§ 196-29 New driveways.
[Added 5-13-2008 ATM, Art. 19]
It shall be unlawful to install, construct, or relocate any driveway without first obtaining a driveway permit from the Planning Board. Normal maintenance, repair and repaving shall be exempt.
A.
Driveways for detached single-family houses shall comply with the following:
(1)
Layouts and configurations shall avoid excessive curves, switchbacks, and slopes to provide optimal safety for access to and from the dwelling site.
(2)
To the extent possible, the driveway apron shall be aligned at 90◦ to the road and have curved flare radii of six feet between the road and drive.
(3)
No person or persons shall cut or destroy any tree on Town property (right-of-way along side of the road) without first obtaining the approval of the Boxford Planning Board and the Boxford Tree Warden. No person or persons shall remove, alter, or destroy any stone wall on or bordering Town property (right-of-way along side of the road) without first obtaining the approval of the Boxford Planning Board in accordance with the Scenic Road Bylaw.
B.
Single driveways shall meet the following standards.
(1)
All single driveways shall have a finished width no less than nine feet.
(2)
The first 25 feet in from the paved portion of the public way shall have a maximum slope of 3%; the maximum driveway slope along the centerline shall be 12%; any slopes over 8% shall be paved. To preserve the stability of the existing natural topography, no cut or fill in excess of eight feet of the natural topography shall be allowed within the limits of the driveway cross section.
(3)
The slope grade shall allow rapid emergency access during normal weather conditions. No physical barrier shall be located on the inside of the curves that could impede fire truck or emergency vehicle access.
(4)
The rate of runoff during construction and post-development shall not exceed the rate of pre-development runoff.
(5)
After driveway completion, water runoff from the new driveway shall not be allowed to enter onto the public right-of-way and abutting property at any time.
(6)
The Planning Board may impose conditions on the construction, re-construction or relocation of a driveway at their discretion to ensure safe access onto public roads and to prevent any damage or dangerous situation(s) due to drainage, icing, or other hazards. The conditions may incorporate recommendations made by the Fire Chief, Police Chief and Superintendent of Public Works.
(7)
The Superintendent of Public Works and Fire Chief and may impose other conditions at their discretion to ensure safe access and to prevent any damage or dangerous situation(s) because of drainage, icing, etc. onto public roads.
(8)
Sight distance entering the public way shall be 50 feet in either direction to the best extent possible.
(9)
During construction, no debris shall be left on the road or shoulder; nor shall drainage structures, culverts, or ditches be blocked or impeded at any time.
(10)
All driveways longer than 500 feet shall have a turnaround location within 25 feet of the dwelling for large vehicle turnaround or as appropriate to be determined by the Planning Board.
(11)
Driveways shall conform to all other rules and regulations of the Town of Boxford.
C.
Shared driveways shall conform to all the regulations as set forth in Subsection B and § 196-13B(11)(m)[1] of the Zoning Bylaw, plus the following:
(1)
The shared driveway shall not enter the roadway at a point separated by less than 100 feet (centerline to centerline) from any other driveway or intersection.
(2)
The shared portion of the driveway shall have a finished width no less than 12 feet plus a one-foot level shoulder on either side.
[1]
Editor's Note: See now § 196-13B(11)(l).
D.
Application.
(1)
The driveway location, layout, slopes, drainage, and associated improvements shall be shown on a plan prepared by a professional architect, engineer, or landscape architect. The Planning Board at its sole discretion may waive the requirements for a driveway site plan.
(2)
Four copies of the plan shall be submitted to the Planning Board for review. The Planning Board may circulate the copies to the Fire Chief, Police Chief, and the Superintendent of Public Works.
(3)
The Fire Chief, Police Chief and the Superintendent of Public Works may return recommendations within 14 days to the Planning Board. If no recommendations are received within 14 days, the official failing to submit a report shall be deemed to have approved the proposed work on the driveway.
§ 196-30 Site plans.
[Amended 5-14-1986 ATM, Art. 38; 5-11-1999 ATM, Art. 39]
A.
For the purpose of reasonably protecting the legitimate interests of adjoining property owners and occupants, ensuring the most advantageous use of all properties and administering the provisions of this bylaw relating to parking and loading spaces, no permit shall be issued for any new building or structure in a Business, Manufacturing, Industrial, Official or Open Space District; nor for an addition to or alteration of an existing building for commercial use in any district; nor for any new building or structure in an Elderly Housing District, until a site plan, prepared by a professional architect, engineer or landscape architect, has been approved for a special permit by the Board of Appeals, with the exception of Large Scale Ground Mounted Solar Photovoltaic Installations approved pursuant to § 196-22.2. Prior to the grant of any such special permit, the Board of Appeals shall refer such plans to the Inspector of Buildings and to the Planning Board for their respective review and recommendation.
[Amended 5-8-2018 ATM by Art. 17]
B.
The site plan shall provide for:
(1)
Compliance with the requirements for parking and loading spaces, for lot size, frontage, yards and heights and coverage of buildings, and all other provisions of this bylaw.
(2)
Convenience and safety of vehicular and pedestrian movement on the site and for the location of driveway openings in relation to street traffic.
(3)
Convenience and safety of vehicular and pedestrian movement off the site, if vehicular and pedestrian traffic off site can reasonable be expected to be substantially affected by on-site changes.
(4)
Adequacy as to the arrangement and, where not herein specified, the number of parking and loading spaces in relation to the proposed uses of the premises.
(5)
Design and appearance of proposed buildings, structures, freestanding signs, screening and landscaping.
(6)
Adequacy of water supply, method(s) of waste disposal, surface and subsurface drainage and lighting.
C.
To the extent that any change on site can reasonably be expected to substantially affect the neighborhood adjacent to the site, the Board of Appeals shall impose such restrictions as are reasonably related to mitigating any such negative impact. In assessing potential negative impact on the adjacent neighborhood, the Board of Appeals shall consider all of the factors set forth in Subsections B(1) through (6) hereof, as well as the potential for increased litter, noise or light pollution.
D.
The Planning Board may from time to time adopt rules prescribing reasonable minimum regulations under this section.
E.
Site plans shall indicate existing and proposed:
(1)
Boundaries.
(2)
Structures.
(3)
Parking and loading spaces.
(4)
Driveways and driveway openings.
(5)
Service areas and other open areas.
(6)
Facilities for lighting, for water supplies, for sewage, refuse and other waste disposal, for drainage and for screening.
(7)
Landscape features.
§ 196-32 Phased growth.
[Added 5-22-1997 ATM, Art. 40]
A.
Purpose. The purposes of phased growth are to protect and promote the public health, safety and welfare of the Town of Boxford by phasing the growth of the Town at a manageable rate to ensure that the Town has adequate time to expand its resources and to provide the necessary services to meet the educational, infrastructure and public safety needs of its residents in accordance with its Master Plan.
B.
Applicability. This section shall apply to every new residential development except housing for the elderly, as defined in § 196-35, within an Elderly Housing District. "Development" shall mean a single parcel or set of contiguous parcels of land held in common ownership, regardless of form, at any time on or after the effective date of this section for which one or more building permits will be sought.
[Amended 5-13-2003 ATM, Art. 25]
C.
Phasing schedule.
[Amended 5-11-1999 ATM, Arts. 31 and 32]
(1)
Building permits for each development shall be granted at an annual rate not greater than that permitted by the following schedule:
Number of New Dwellings Projected in Total Development | Maximum Number of Building Permits for New Dwellings Per Year, Beginning with the Filing Date with the Registry of Deeds of the Definitive Subdivision Plan | |
|---|---|---|
1-10 | 5 | |
11-20 | 6 | |
21-30 | 7 | |
31-40 | 8 | |
41-50 | 9 | |
More than 50 | 10 plus 5% of number Over 50 |
(2)
The phasing schedule shall be set forth on the definitive recorded subdivision plan.
D.
Subsequent changes in the shape or ownership of lots shall not affect the applicability of this section. Lots can be sold at any time for construction of dwellings in future years; however, any lots covered by the provision, hereafter sold or otherwise transferred, shall include in the deed the earliest date on which construction may be commenced.
E.
This section shall be effective until May 1, 2014. This section shall be necessary to permit and facilitate orderly development and predicted growth.
[Amended 5-9-2006 ATM, Art. 33]