Dover City Zoning Code
ARTICLE V
Dimensional Regulations
§ 185-16 Conformity required.
§ 185-17 Schedule of Dimensional Requirements.
§ 185-18 Lot area computation.
§ 185-19 Street frontage interpretation.
[Added STM 10-30-1995 by Art. 2]
A.
A lot shall be deemed to have the required frontage under § 185-17, Schedule of Dimensional Requirements, if:
(1)
It is large enough in any part thereof to contain a perfect square in accordance with § 185-17, Schedule of Dimensional Requirements; and
(2)
It has at least the required minimum distance of frontage for the district in which it is located on a way which is:
(a)
A public way or a way which the Town Clerk has certified is maintained and used as a public way; or
(b)
A way shown on a plan approved and endorsed in accordance with the Subdivision Control Law, MGL, c. 41, §§ 81K through 81GG, and either has been constructed on the ground or construction of which has been adequately secured; or
(c)
A way in existence on the date when the Subdivision Control Law, MGL, c. 41, §§ 81K through 81GG, became effective in Dover and having, in the opinion of the Planning Board, sufficient width, suitable grades and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land abutting thereon or served thereby and for the installation of municipal services to serve such land and the building or buildings to be erected thereon; and
(3)
Physical access to the lot shall be through the frontage or, if the Planning Board approves, through an alternative point of access from a way described in § 185-19A(2). Shared driveways or curbcuts shall not be permitted.
[Amended ATM 5-7-2002 by Art. 24]
B.
Notwithstanding any provision of this chapter to the contrary, a lot shall be deemed to have the required street frontage under this chapter if it is:
(1)
A lot shown on a plan endorsed by the Planning Board before May 1, 1987, or a lot for which a separate deed has been recorded before said date, which has at least 40 feet of frontage on a way described under Subsection A(2) above and is otherwise in compliance with this chapter; or
(2)
A lot shown on a plan endorsed by the Planning Board before October 30, 1995, or a lot for which a separate deed has been recorded before such date, which has at least 100 feet of frontage on a public way and is otherwise in compliance with this chapter.
§ 185-20 Division of lots or reduction of area.
[Amended ATM 5-2-1994 by Art. 24]
No lot on which a dwelling is now situated or hereafter placed shall be divided or reduced in area if such lot is smaller in area or is thereby rendered smaller in area than required under § 185-17, and no such lot shall be divided or reduced in area, so as to reduce any setback from a street, side line or rear line or reduce any street frontage if, after such reduction, such dimensions will be less than those required under § 185-17, except, in either case, by a taking by eminent domain or a conveyance for public purpose. For purposes of this section "street frontage" shall mean and refer exclusively to the minimum street frontage requirements contained in the Schedule of Dimensional Requirements under § 185-17, and shall not include frontage exception dimensions authorized under § 185-19.
§ 185-21 Height exceptions.
§ 185-22 Front yard average setbacks.
In all districts except for multifamily dwellings in a R-M District, no building needs to be set back from the street line more than the average of the setbacks of existing buildings on the lots next adjoining thereto on either side, a vacant lot being counted as though occupied by a building set back the distance required in the district in which it is located.
§ 185-23 Lots abutting more than 1 street.
In a case of a lot abutting on more than 1 street, the regulations as to setbacks from the nearest side line of the street shall be applicable with respect to each street. Such a lot must have the entire minimum frontage on 1 street but need not have it on more than 1 street, and there shall be deemed to be only 1 back line.
§ 185-24 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.
§ 185-25 Accessory buildings.
Buildings for an accessory use permissible in a residence district under Article II of this chapter may be built, altered, enlarged, reconstructed or moved upon any lot in a residence district, provided that every such building for an accessory use shall conform to the same minimum setback from the nearest side line of the street required for a dwelling house and shall be set back from the side lines and back line of the lot at least one-half the distance required for a dwelling house.
§ 185-26 Projections.
[Amended ATM 5-1-1989 by Art. 34]
No part of a building or structure shall project beyond the required setback limits.
§ 185-27 Corner clearances.
Within the area formed by the side lines 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 or foliage maintained between a height of 3 1/2 feet and a height of 8 feet above the plane through their curb grades.
§ 185-28 Appurtenant open space.
No yard or other open space required for a building by this chapter shall, during the life of such building, be occupied by or counted as open space for another building.
§ 185-29 River and stream protection.
[Amended ATM 5-4-1992 by Art. 19; ATM 5-2-1994 by Art. 25]
A.
Purpose. The purpose of this section shall be to:
(1)
Prevent the possible degradation of groundwater through the pollution of surface water in the Town;
(2)
Protect public health and safety by maintaining floodplains and flood storage areas; and
(3)
Preserve patterns of natural drainage into rivers and streams and preserve the open and natural appearance of the Town's rivers and streams.
B.
Setback. No building or similar structure, driveway, street or other paved surface or sewage disposal facilities shall be located within 150 feet of the edge of the Charles River or within 50 feet of either edge of Trout Brook, Powissett Brook, Noanet Brook, Clay Brook or Fisher Brook, as such brooks are shown on the Zoning Map, as amended and on file in the office of the Town Clerk.[1]
[1]
Editor's Note: The Zoning Map is included in a pocket at the end of the Code.
C.
Preexisting uses. This provision shall not prohibit the repair, reconstruction or restoration of any such structure or facility in existence at the time of adoption of this section, notwithstanding the provisions of § 185-12.
D.
Construction or alteration with the setback area. The Board of Appeals may grant a Special Permit authorizing the construction or alteration of a structure, driveway, street, pavement or other impervious surface or sewage disposal facility within the setback defined in Subsection B in order that an applicant may make such use of his land as is not otherwise prohibited by this chapter, if it is determined that such construction or alteration: will not alter the natural pattern of drainage into a river or stream and will not alter the rate, volume or physical, chemical or biological characteristics of runoff within the relevant setback defined in Subsection B. In reaching its decision, the Board of Appeals may consult with the Planning Board and the Conservation Commission. Such construction, alteration or installation shall be in accordance with the orders of conditions of the Conservation Commission.
E.
Stream crossings.
(1)
The Board of Appeals may grant an applicant a Special Permit to cross Trout Brook, Powisset Brook, Noanet Brook, Clay Brook or Fisher Brook if it determines that such crossing:
(2)
In reaching its decision, the Board of Appeals may consult with the Planning Board and the Conservation Commission. Such construction, alteration or installation shall be in accordance with the Orders of Conditions of the Conservation Commission.
§ 185-30 Previously existing lots.
The minimum area and width requirements of this article shall not apply to any lot not in compliance therewith which was shown as a separate lot on a deed or plan duly recorded in the Registry of Deeds for Norfolk County prior to October 1, 1959, provided that such deed or plan had been approved by the Planning Board where such an approval was required by law at the time of such recording; and that such lots shown in such deed or plan had the minimum area and width required for a house lot under the provisions of the Zoning Bylaw, if any, in effect at the time of such recording.
§ 185-31 Partial invalidity of requirements.
If any of the minimum area, width or setback requirements shall finally be determined in any court of competent jurisdiction to be invalid with respect to any lot or area of land, that lot or area to the extent of such invalidity, shall thereafter be subject to the minimum area, width and setback requirements of the next less restrictive district.
§ 185-32 Windmills (WECS).
[Added ATM 5-10-1982 by Art. 21]
A.
Design. No building permit shall be issued for a windmill until plans, drawings and description of methods and materials of construction of the supporting structure have been approved by a registered professional engineer in the Commonwealth of Massachusetts. With no windmill shall the highest point of the structure exceed 75 feet above grade, measured at the center of the structure, nor shall the lowest point of trajectory of a rotating blade be less than 10 feet above grade immediately below the trajectory.
B.
Nuisance. No windmill shall be the cause of excessive noise or any interference to radio or television reception nor otherwise derogate substantially from the public good.
C.
Abandonment. A windmill shall be considered abandoned if not operated for 2 years for the purpose of producing power or in demonstrable efforts of research, development or repair. Once designated abandoned, the structure must be dismantled at once by the property owner or his or her agent
§ 185-33 Lots in 2 districts.
[Amended ATM 5-3-1993 by Art. 24]
Where a zoning boundary divides a lot in existence at the time such boundary was first established, the entire lot shall be subject to the dimensional requirements of the more restrictive district unless the minimum lot area, frontage and perfect square requirements for the less restrictive district can be met entirely within the less restrictive zoned portion of the lot, in which case the less restrictive zoning may be applied to said portion of the lot.