Chelmsford City Zoning Code
ARTICLE IV
Dimensional Regulations
§ 195-9 Conformity required; reduction of dimensional requirements. [1]
[Amended 10-18-2010 ATM by Art. 17]
A.
No structure shall be erected or used, premises used or lot changed in size or shape except in conformity with the requirements of this article, unless exempted by this chapter or by statute (see MGL c. 40A, § 6).
B.
Reductions to dimensional requirements. For purposes of single- and two-family dwellings, the Zoning Board of Appeals may issue a special permit for the reduction, of not more than 20% from front, side and rear yard dimensional requirements, within the Table of Dimensional Requirements, if the Zoning Board of Appeals finds that the reduction meets the following criteria:
(1)
The lot or structure may not be developed without a reduction in the dimensional requirements or a site design is proposed which is more suitable for the lot than one which would be allowed under the permitted dimensional requirements;
(2)
Adjacent properties would not be adversely impacted; and
(3)
The reduced dimensions would not be detrimental to the public good and would not substantially deviate from the intent or purpose of this Zoning Bylaw.
(4)
Any lot reduced under this section may not be further reduced or subdivided.
[1]
Editor's Note: The Table of Dimensional Requirements is included as an attachment to this chapter.
§ 195-10 Existing nonconforming lots.
No existing nonconforming lot shall be changed in size or shape, except through a public land taking or donation for road widening, drainage or utility improvements or except where otherwise permitted herein, so as to increase the degree of nonconformity that presently exists.
§ 195-10.1 Wastewater pumping stations.
[Added 10-21-1999 ATM by Art. 26]
Municipal wastewater pumping stations shall not be subject to the dimensional regulations of this article.
§ 195-11 Accessory buildings.
[Amended 10-21-1999 ATM by Art. 29; 10-15-2001 ATM by Art. 20; 5-3-2007 ATM by Art. 19]
No accessory building or structure, except a permitted sign or roadside stand, shall be located within a required front yard area. Detached accessory buildings may be located in the rear or side yard areas and on the same lot as a principal building, provided that not more than 25% of the required yard area shall be so occupied, and further provided that a swimming pool shall not be located nearer than 10 feet from the principal building and shall be at least 10 feet from any side or rear lot line. An accessory building attached to its principal building or within 10 feet of it shall be considered an integral part thereof arid as such shall be subject to the front, side and rear yard requirements applicable to the principal building. An accessory building smaller than 260 square feet shall not be located closer than 10 feet to any side or rear lot line. An accessory building larger than 260 square feet shall be subject to the front, side and rear yard requirements applicable to the principal building. An accessory building with a footprint greater than 900 square feet, or with a building height in excess of 20 feet, or of two stories or greater shall be subject to a Planning Board special permit.
A.
Roadside stands. Roadside stands shall be located at least 15 feet back from any street right-of-way and 20 feet from any lot line. Portable stands shall be removed during seasons when not in use.
§ 195-12 Multiple principal structures.
Except in the residential districts, more than one principal nonresidential structure may be erected on a lot, pursuant to a special permit issued by the Planning Board in accordance with § 195-103 herein and the following conditions:
A.
No principal building shall be located in relation to another principal building on the same lot, or on an adjacent lot, so as to cause danger from fire.
B.
All principal buildings on the lot shall be served by accessways suitable for fire, police and emergency vehicles.
C.
All of the multiple principal buildings on the same lot shall be accessible via pedestrian walkways connected to the required parking for the premises and to each principal building.
§ 195-13 Conversion of dwelling units.
Alteration of a single-family dwelling existing at the time of adoption of this chapter in 1938 for occupancy by not more than two families is permitted, in accordance with Article III of this chapter, provided that the lot contains not less than 15,000 square feet and the exterior design of the structure is not changed from the character of a single-family dwelling, and provided further that at least 600 square feet of living space shall be provided for each resulting dwelling unit.
§ 195-14 Height restrictions on certain accessory structures.
Tall structures and roof-mounted or attached structures shall comply with the following requirements, conditions and guidelines. For purposes of this section, a "tall structure" shall mean any freestanding man-made device (lattice, mast, pole, windmill, wind turbine, spire, tower, antenna or the like) which exceeds 35 feet in height and which is not subject to Article XIII, Wireless Communications Facilities.
A.
Each tall structure shall be placed in a circle with a radius equal to its height as measured from the base of said structure. This circle must be contained entirely within the property on which the tall structure is located. More than one tall structure may be erected on a lot, provided that the total area of the circles required above does not exceed the area of the lot.
B.
No tall structure shall be located within a required front or side yard area.
C.
Roof-mounted or attached structures, including masts, poles, towers, antennas, etc., may not exceed 20 feet above the uppermost part of the structure to which attached. Such structures shall not be located nearer to the lot line than the total height of the mounted or attached structure.
§ 195-15 Rear lots.
Rear lots shall be allowed only in the RA and RB Districts by special permit issued by the Planning Board. Individual lots need not have the required amount of street frontage, provided that all of the following conditions can be met for each individual lot lacking such frontage:
A.
The area of said lot is at least 80,000 square feet.
B.
The front, rear and side yards shall be at least 40 feet.
C.
A building line is designated on the plan, and the width of the lot at that line equals or exceeds 125 feet.
D.
Lot width is at no point less than 50 feet, and lot frontage is not less than 50 feet. No section of the lot with a width of less than 100 feet shall be used to compute the minimum lot area set forth above.
E.
Not more than one rear lot shall be created from a property or a set of contiguous properties held in common ownership as of October 22, 1998. In order to be eligible for a rear lot, such property or set of contiguous properties held in common ownership as of October 22, 1998, shall not have been divided after such date. No further division of said property or properties shall be permitted after the creation of a rear lot. Documentation to this effect shall be submitted to the Inspector of Buildings. The Inspector of Buildings shall not issue a building permit for any rear lot without first establishing that compliance with this provision has been determined by the Planning Board.
F.
At the time of the creation of the rear lot, it shall be held in common and contiguous ownership with the front lot.
G.
There shall be a turnaround at the house site suitable for an SU30 vehicle. There shall be a pullout on the access driveway every 250 feet.