Fairhaven City Zoning Code
ARTICLE II
Use and Intensity Regulations
§ 198-14 Establishment of districts.
[Amended 3-28-1970 ATM by Art. 56; 5-15-1976 ATM by Art. 69; 10-7-1982 STM by Art. 14; 5-10-1988 ATM by Art. 11; 5-6-1995 ATM by Art. 24; 5-3-1997 STM by Art. 15; 5-2-1998 STM by Art. 26]; 5-1-1999 ATM by Art. 8; 5-1-2010 ATM by Art. 32; 5-7-2011 STM by Art. 10; 11-19-2024 STM by Art. 1]
A.
The Town of Fairhaven is hereby divided into the following types of districts:
Rural Residence Districts | RR | |
Single Residence Districts | RA | |
General Residence Districts | RB | |
Apartment/Multifamily Districts | RC | |
Park Districts | P | |
Business Districts | B | |
Industrial Districts | I | |
Agricultural Districts | AG | |
Nasketucket Overlay District | NRB | |
Floodplain District | FP | |
(Refer to § 198-28) | ||
Mixed Use District | MU | |
Wetland Resource Protection District | WRP | |
Fairhaven Smart Growth Overlay District | FSGOD |
B.
The boundaries of these districts are defined and bounded on the map accompanying this chapter and on file with Clerk of the Town of Fairhaven entitled "Town of Fairhaven Zoning Map," as amended through May 7, 2011. That map, as clarified through measurements identified on plats on file with the Town Clerk's office, all explanatory matter thereon and all subsequent amendments to it are hereby made part of this chapter.[1]
[1]
Editor's Note: The Zoning Map is included in a pocket at the end of this volume.
C.
Except when labeled to the contrary, boundary or dimension lines shown approximately following or terminating at streets, railroad or utility easement, center or layout lines, boundary or lot lines, or the channel of a stream shall be construed to be actually at those lines; when shown approximately parallel, perpendicular or radial to such lines shall be construed to be actually parallel, perpendicular or radial thereto. When not locatable in any other way, boundaries may be determined by scale from the map.
D.
Where a district boundary line divides any lot existing at the time such line is adopted, the regulations for any district in which the lot has frontage on a street may be extended not more than 20 feet into the other districts.
§ 198-15 Use regulations.
[Amended 5-4-1991 ATM by Art. 24; 12-10-1992 STM by Art. 1; 5-2-1998 STM by Art. 26; 5-1-1999 ATM by Art. 8; 2-11-2004 STM by Art. 15; 5-6-2006 ATM by Art. 9; 5-4-2019 STM by Art. 13]
A.
No building or structure shall be erected or used and no premises shall be used except as set forth in the Use Regulation Schedule. Symbols employed shall mean the following.
B.
Where an activity might be classified under more than one of the following uses, the more specific classification shall determine permissibility; if equally specific, the more restrictive shall govern.
C.
Special permit uses.
(1)
The Planning Board shall be the SPGA for all use allowed by special permits within the Apartment/Multifamily [RC], Park [P], Wetland Resource Protection District [WRP], Business [B], Mixed Use [MU], Industrial [I] Districts and as otherwise specified in this chapter. The Zoning Board of Appeals shall be the SPGA for all uses allowed by special permits within the Rural Residence [RR], Single Residence [RA], General Residence [RB], Agricultural [AG] Districts and as otherwise specified in this chapter. The Planning Board shall be the special permit granting authority for special permits for historic site reuse.
(2)
Where any proposed use, or expansion of a use otherwise permitted [Y] or authorized [A] in an Apartment/Multifamily [RC], Park [P], Wetland Resource Protection District [WRP], Business [B], or Industrial [I] District results in a requirement of a total of five or more parking spaces for the previously existing and new demand combined pursuant to the provisions of § 198-27 of this chapter, such use shall be deemed authorized by special permit granted by the Planning Board pursuant to the provisions of § 198-29 of this chapter upon review by the Planning Board of the site development plan.
(3)
The provisions of § 198-29 shall apply to a change of use, to new construction and to the expansion of the gross floor area of a building existing before January 1, 1998, in the Mixed Use (MU) District as provided in § 198-27B(4).
D.
Wetland Resource Protection District.
§ 198-16 Use Regulation Schedule.
[Amended 3-18-1967 STM by Art. 6; 3-25-1967 ATM by Art. 54; 3-25-1967 ATM by Art. 56; 3-23-1968 ATM by Art. 58; 3-22-1969 ATM by Art. 56; 3-28-1970 ATM by Art. 56; 3-28-1970 ATM by Art. 57; 3-28-1970 ATM by Art. 58; 9-14-1972 STM by Art. 19; 3-15-1973 ATM by Art. 76; 3-15-1973 ATM by Art. 78; 6-20-1974 STM by Art. 7; 4-16-1975 ATM by Art. 57; 5-15-1976 ATM by Art. 69; 5-18-1976 ATM by Art. 68; 1-22-1977 STM by Art. 6; 5-14-1977 ATM by Art. 42; 5-13-1978 ATM by Art. 54; 5-13-1978 ATM by Art. 55; 5-10-1988 ATM by Art. 11; 5-9-1989 ATM by Art. 19; 5-4-1991 ATM by Art. 26; 12-10-1992 STM by Art. 1; 5-1-1993 STM by Art. 7; 5-6-1995 ATM by Art. 24; 11-6-1997 STM by Art. 20; 11-6-1997 STM by Art. 34; 11-6-1997 STM by Art. 35; 5-2-1998 STM by Art. 26; 5-2-1998 STM by Art. 29; 5-6-1998 ATM by Art. 18; 5-8-1998 ATM by Art. 19; 5-8-1998 STM by Art. 28; 11-23-1998 STM by Art. 22; 11-23-1998 STM by Art. 25; 5-1-1999 ATM by Art. 8; 5-5-2001 ATM by Art. 11; 5-1-2004 STM by Art. 11; 5-7-2005 ATM by Art. 20; 5-6-2006 ATM by Art. 8; 5-4-2013 STM by Art. 8; 5-4-2013 ATM by Art. 19; 2-12-2014 STM by Art. 8; 5-6-2017 ATM by Art. 51; 11-13-2018 STM by Art. 9; 5-4-2019 STM by Art. 13; 6-14-2021 ATM by Art. 60]
Use Regulation Schedule | |||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
District | |||||||||||
Activity or Use | RR & RA | RB | RC | P | B | I | AG | MU14 | WRP16 | ||
AGRICULTURAL USES | |||||||||||
Farm without livestock | Y | Y | Y | Y | Y | Y | Y | Y | Y | ||
Greenhouse | |||||||||||
With retail sales | |||||||||||
Site under 5 acres | A | A | A | A | Y | Y | Y | N | N | ||
Site over 5 acres | Y | Y | Y | Y | Y | Y | Y | Y | Y | ||
Wholesale only | |||||||||||
Site under 5 acres | A | A | A | A | Y | Y | Y | N | N | ||
Site over 5 acres | Y | Y | Y | Y | Y | Y | Y | Y | Y | ||
Roadside stand (temporary) | A | A | A | A | Y | Y | Y | N | N | ||
Roadside stand (permanent) | A | A | A | N | Y | Y | Y | N | N | ||
Livestock raising*** | |||||||||||
Site under 5 acres | Y* | A | N | N | N | Y | Y | N | Na | ||
Site over 5 acres | Y | Y | Y | Y | Y | Y | Y | Y | Ya | ||
COMMERCIAL USES | |||||||||||
Animal kennel or hospital | N** | N | N | N | A | A | A | N | N | ||
Business, professional office | N | N | N | N | Y | Y | N | Y | N | ||
Funeral home | N | N | N | N | A | A | N | A | N | ||
Auto, boat sales, rental servicex | N | N | N | N | Y | Y | N | N | N | ||
Printing shop | N | N | N | N | Y | Y | N | A | N | ||
Bank | N | N | N | N | Y | Y | N | Y | N | ||
Restaurant | N | N | N | N2 | Y | Y | N | Y | A | ||
Retail sales or service,x | N | N | N | N | Y | Y | N | Y | Ab | ||
Wholesaling without storage | N | N | N | N | Y | Y | N | A | N | ||
Wholesaling with storage | N | N | N | N | A | Y | N | N | N | ||
Nonaccessory signs1 | N | N | N | N | Y | Y | N | N | N | ||
Launderettes | N | N | N | N | Y | Y | N | A | N | ||
Limousine service | A | A | N | N | Y | Y | A | N | N | ||
Drive-through window | N | N | N | N | Axx | Axx | N | N | N | ||
Sexually oriented businessxxx | |||||||||||
Adult bookstorexxx | N | N | N | N | A | A | N | N | N | ||
Adult paraphernalia storexxx | N | N | N | N | N | A | N | N | N | ||
Adult video storexxx | |||||||||||
With preview boothsxxx | N | N | N | N | N | A | N | N | N | ||
Without preview boothsxxx | N | N | N | N | A | A | N | N | N | ||
Adult motion-picture theaterxxx | N | N | N | N | N | A | N | N | N | ||
Adult motion-picture arcadexxx | N | N | N | N | N | A | N | N | N | ||
Adult cabaretxxx | N | N | N | N | N | A | N | N | N | ||
Adult motelxxx | N | N | N | N | N | A | N | N | N | ||
Adult theaterxxx | N | N | N | N | N | A | N | N | N | ||
Nude model studioxxx | N | N | N | N | N | A | N | N | N | ||
Sexual encounter centerxxx | N | N | N | N | N | A | N | N | N | ||
Museum | A | A | A | A | A | A | A | A | A | ||
Conference meeting/facility | N | N | N | N | Y | Y | N | A | A | ||
Body art establishment | N | N | N | N | A19 | A19 | N | Y | N | ||
Large-scale ground-mounted SPEF | A20 | N | N | N | A | A | A | N | A | ||
Wind facility - utility-scale | A | A | A | A | A | A | A | N | A | ||
Marijuana establishment (except social consumption) | N | N | N | N | N | A21 | N | N | N | ||
Marijuana retailer social consumption | N | N | N | N | N | N | N | N | N | ||
Recreational marijuana establishments and marijuana retailers22 | N | N | N | N | N | N | N | N | N | ||
INDUSTRIAL USES | |||||||||||
Manufacturing, processing, research | N | N | N | N | N | Y | N | N | N | ||
Bulk storage | N | N | N | N | N | Y | N | N | N | ||
Contractor's yard | N | N | N | N | A | Y | N | N | N | ||
Earth removal | A | A | A | A | A | A | N | N | N | ||
Junkyard | N | N | N | N | N | A | N | N | N | ||
Transportation terminal | N | N | N | N | A | Y | N | N | N | ||
Warehouses | N | N | N | N | N | Y | N | N | N | ||
Radio transmission | N | N | N | N | A | Y | A | N | N | ||
Steam laundry or dry-cleaning plant | N | N | N | N | A | Y | N | N | N | ||
Water towers and reservoirs | Y | Y | Y | Y | Y | Y | Y | N | N | ||
INSTITUTIONAL USES | |||||||||||
Municipal use | Y | Y | Y | Y | Y | Y | Y | Y | Y | ||
Religious use | Y | Y | Y | Y | Y | Y | Y | Y | Y | ||
Nursery school/preschool | Y | Y | Y | Y | Y | Y | Y | Y | Y | ||
Other commercial schools | A | A | A | A | Y | Y | A | A | Y | ||
Nonprofit corporation | |||||||||||
Educational uses | Y | Y | Y | Y | Y | Y | Y | Y | Y | ||
Religious organization | |||||||||||
Educational uses | Y | Y | Y | Y | Y | Y | Y | Y | Y | ||
Other schools | Y | Y | Y | Y | Y | Y | A | Y | Y | ||
Cemetery3 | Y | Y | Y | Y | Y | Y | N | N | N | ||
Crematoria15 | A | A | A | A | A | A | A | N | |||
Hospital | A | A | A | A | N | N | N | N | N | ||
Nursing, convalescent, rest home | A | A | A | A | A | A | N | A | A | ||
Philanthropic institutions | A | A | A | A | A | A | N | A | A | ||
Public utility with service area | N | N | N | N | N | A | A | N | N | ||
Public utility without service area | N | A | A | A | A | A | A | N | N | ||
Club or lodge4 | A | A | A | A | Y | Y | N | A | Y | ||
Passenger station | Y | Y | Y | Y | Y | Y | N | A | N | ||
Assisted living residence | A | A | A | N | A | N | N | A | A | ||
Artist studio/gallery | N | N | N | N | Y | Y | N | A | A | ||
Charter school for the arts | A | A | A | A | Y | Y | A | A | A | ||
Museum | A | A | A | A | A | A | A | A | A | ||
RECREATIONAL USES | |||||||||||
Boatyard | N | N | N | N | Y | Y | N | A | N | ||
Camping, commercial10 | N | N | N | A | N | N | N | N | N | ||
Camping, supervised | Y | Y | Y | Y | Y | Y | N | N | N | ||
Golf course | N | N | N | Y | Y | Y | Y | N | N | ||
Indoor commercial recreation | N | N | N | A | A | A | N | A | N | ||
Nonprofit indoor recreation13 | A | A | A | A | A | A | A | A | N | ||
Outdoor commercial recreation5 | N | N | N | A | A | A | N | A | A | ||
Nonprofit outdoor recreation13 | A | A | A | A | A | A | A | A | A | ||
Sportsman's club game preserve | Y | Y | Y | Y | Y | Y | Y | N | Y | ||
Public stables | N | N | N | Y | Y | Y | N | N | Y | ||
Bath houses, commercial beaches | A | A | A | Y | Y | Y | N | A | Y | ||
Commercial picnic, outing areas | A | N | N | Y | Y | Y | N | A | A | ||
Marina | N | N | N | A | A | A | N | A | A | ||
Private dock or pier11 | A | A | A | A | A | A | A | A | A | ||
RESIDENTIAL USES | |||||||||||
Dwelling | |||||||||||
Single family | Y | Y | Y | N | N | N | Y | Y | Y | ||
Semidetached | N | Y | Y | N | N | N | N | N | N | ||
Two-family | N | Y | Y | N | N | N | N | Y | Y | ||
Multifamily9 | N | N | Y | N | N | N | N | A | N | ||
Nonfamily accommodations | N | A | A | N | A | A | N | A | N | ||
Motel or hotel | N | N | N | N | A | A | N | A | A | ||
Mobile home (stored or occupied) subject to § 198-28 | A | A | A | N | N | N | N | N | N | ||
Dwelling conversion (subject to the provisions § 198-32.1) | A | A | A | N | A | A | A | A | A | ||
Accessory apartment/inlaw apartment | A | A | A | N | N | N | A | Y | Y | ||
Accessory apartment to a business | N | N | N | N | A | A | N | Y | Y | ||
Bed-and-breakfast home | A | A | A | N | A12 | A12 | A | A | A | ||
Short-term rental23 | Y | Y | Y | N | N | N | Y | Y | N | ||
OTHER PRINCIPAL USES | |||||||||||
Temporary structures | Y | Y | Y | Y | Y | Y | N | A | A | ||
Airport, heliport | N | N | N | N | N | N | A | N | N | ||
Historic site reuse | A | A | A | A | A | A | A | — | A | ||
ACCESSORY USES | |||||||||||
Home occupation | see § 198-23 | ||||||||||
Parking not more than: | |||||||||||
2 noncommercial vehicles per dwelling unit6 | Y | Y | Y | Y | Y | Y | Y | Y | Y | ||
1 commercial vehicle not over 1 1/2 tons | Y | Y | Y | Y | Y | Y | Y | Y | Y | ||
Parking in excess of above | N | N | N | N | N | N | Y | N | N | ||
Taking of boarders | Y | Y | Y | N | Y | Y | N | Y | Y | ||
Signs7 | Y | Y | Y | Y | Y | Y | Y | Y | Y | ||
Light manufacturing for retail sales primarily on premises | A | A | A | A | Y | Y | N | A | N | ||
Storage of camper or utility trailer8 | Y | Y | Y | Y | Y | Y | Y | N | N | ||
Other customary uses | Y | Y | Y | Y | Y | Y | Y | Y | Y | ||
Wireless communications facilities | A | A | A | N | A | A | A | A | N | ||
Facade and roof-mount antennas | A | A | A | N | Y | Y | A | Y | N | ||
On-site ground-mounted SPEF | Y | Y | Y | Y | Y | Y | Y | Y | Y | ||
Wind energy facility - on-site | N | N | A | A | A | A | A | N | A | ||
Wind energy facility - small wind energy systems | Y | Y | Y | Y | Y | Y | Y | Y | Y | ||
Wind energy facility - building integrated | A | A | A | A | A | A | A | A | A | ||
NOTES: |
|---|
*Except "A" in RA District. |
**Except "A" in RR District. |
***Any permit issued for livestock raising as defined shall be subject to approval by the Board of Health. |
XSee § 198-25. |
XXThe special permit granting authority for all drive-through windows shall be the Fairhaven Planning Board. |
XXXSubject to the provisions of § 198-29.3, Sexually oriented businesses. |
aAquaculture facilities allowed by special permit. |
bProvided that no individual retail business unit exceeds 5,000 square feet. |
1See § 198-26. |
2Alcoholic beverages other than light wines and malt beverages shall not be served or sold in any form. |
3Provided it is an extension of and, except for intervening streets, contiguous to an existing cemetery. |
4Except those whose chief activity is one customarily carried on as a business. |
5Except that roller coasters, Ferris wheels, outdoor theaters, race tracks and similar large and noisy structures shall not be permitted. |
6Or four noncommercial vehicles accessory to a single-family house. |
7Subject to the provisions of § 198-26. |
8Provided that it is not stored within a required front yard, and further provided that it is not occupied for more than 48 hours consecutively. Storage of a mobile home, whether occupied or not, or longer term occupancy of a camper requires a special permit from the Zoning Board of Appeals and is not considered a customary accessory use to a residential structure. |
9Subject to § 198-29. |
10See § 198-32. |
11Subject to § 198-32.2. |
12Provided that the home has been legally used and occupied as a residential home for a minimum period of one year. |
13In RR, RA and AG Districts, parking for 20 or more cars requires a Planning Board special permit. |
14Mixed use buildings may contain any combination of uses that are allowed [Y] or allowed by special permit [A]. |
15Provided it is an extension of and contiguous to an existing cemetery; provided it is an extension of and contiguous to an existing cemetery containing no less than 20 acres as provided for in MGL c. 114 § 43D. All crematoria shall require a special permit of the Planning Board only. |
16Subject to the provisions of § 198-29C the Planning Board as special permit granting authority may, by special permit, allow a use or combination of uses on a lot in the Wetland Resource Protection District, provided that such use or combination of uses is either permitted or authorized by special permit in either the district in which the lot was last zoned or in the Mixed Use District. |
17(Reserved) |
18(Reserved) |
19A body art establishment shall not be located within 1,000 feet of an exterior property line of a school or church as determined by the Building Inspector. |
20Prohibited in the RA district. |
21May only be allowed by special permit from the Planning Board only in the Medical Marijuana Overlay District. Any alterations, additions and/or changes of an approved marijuana establishment special permit shall require a new special permit. |
22Subject to moratorium. See § 198-32.3. |
23Registered pursuant to Chapter 190, Short-Term Rentals. |
§ 198-17 Intensity of use regulations.
A.
All buildings hereafter erected in any district shall be located on a lot such that all minimum requirements set forth in the following table are conformed with, except where specifically exempted by this chapter or General Law.
B.
No existing lot shall be changed in size or shape, except through a public taking or except where otherwise permitted herein, so as to result in violation of the requirements set forth below.
[Amended 1-22-1977 STM by Art. 5]
C.
Exempt lots. MGL c. 40A, § 6, exempts the following lots from current lot use, area and frontage requirements.
[Amended 3-16-1974 ATM by Art. 89; 1-22-1977 STM by Art. 5; 5-4-1991 ATM by Art. 24]
(1)
Single-lot exemption for single-family and two-family use. Any increase in area, frontage, width, yard or depth requirements of a zoning ordinance or bylaw shall not apply to a lot for single- and two-family residential use which, at the time of recording or endorsement, whichever occurs sooner, was not held in common ownership with any adjoining land, conformed to then-existing requirements and has less than the proposed requirement but at least 5,000 square feet of area and 50 feet of frontage.
(2)
Common lot exemption for single- and two-family use. Any increase in area, frontage, width, yard or depth requirement of a zoning ordinance or bylaw shall not apply for a period of five years from its effective date to a lot for single- and two-family residential use, provided that the plan for such a lot was recorded or endorsed and such lot was held in common ownership with adjoining land and conformed to the existing zoning requirements as of January 1, 1976, and contained at least 7,500 square feet of area and 75 feet of frontage, and provided that said five-year period does not commence prior to January 1, 1976, and provided that the provisions of this sentence shall not apply to more than three adjoining lots held in common ownership.
(3)
Approval not required plans (ANR) exemption. ANR plans referred to in MGL c. 41, § 81P, when submitted to the Planning Board along with written notice to the Town Clerk and subsequently approved by the Planning Board, the use of the land shown on such plan shall be governed by the provisions of the zoning bylaw in effect at the time of submission to the Planning Board and for a period of three years from the date of endorsement by the Planning Board.
(4)
Definitive subdivision plans exemption. If a definitive plan, or a preliminary plan followed within seven months by a definitive plan, is submitted to a Planning Board for approval under the Subdivision Control Law[1] and written notice has been given to the Town Clerk before the effective date of a zoning bylaw, the land shown on such plan shall be governed by the provisions of the zoning bylaw in effect at the time of the first submission to the Planning Board, and when such definitive plan is approved, for eight years from the date of the Planning Board endorsement; plans submitted and approved by the Planning Board before January 1, 1976, for seven years from the date of Planning Board endorsement.[2]
D.
Not more than one single-family, semidetached or two-family dwelling shall be erected on a lot. Not more than one principal building other than the above shall be erected on a lot unless each such building is served by access and utilities determined by the Building Commissioner to be functionally equivalent to those otherwise required for separate lots. Two or more principal buildings on a a single lot, if listed as uses on separate rows in § 198-16, must each meet the minimum dimensional requirements of this section without counting any lot area twice.
[Added 3-15-1973 ATM by Art. 75; amended 4-16-1975 ATM by Art. 58]
E.
Developments using the historical site reuse special permit (Chapter 98, § 198-29.8) intensity of use requirements for eligible buildings and lots shall be governed by the provisions of the historical site reuse special permit section and the terms of a special permit granted thereunder.
[Added 5-4-2019 STM by Art. 13]
§ 198-18 Intensity of Use Schedule.
[Amended 3-22-1969 ATM by Art. 56; 3-28-1970 ATM by Art. 56; 3-30-1972 ATM by Art. 76; 9-14-1972 STM by Art. 20; 3-15-1973 ATM by Art. 77; 3-15-1973 ATM by Art. 78; 5-10-1988 ATM by Art. 11; 11-29-1988 STM by Art. 2; 5-9-1989 ATM by Art. 19; 12-10-1992 STM by Art. 1; 5-6-1995 ATM by Art. 24; 11-6-1997 STM by Art. 19; 5-2-1998 STM by Art. 26; 5-1-1999 ATM by Art. 8; 5-5-2001 ATM by Art. 13[1] ; 2-11-2004 STM by Art. 14]
Intensity of Use Schedule |
Minimum Lot Requirements | |||||||||
|---|---|---|---|---|---|---|---|---|---|
RR | RA & RB | RC | P | B | I | AG | MU | WRP | |
Lot area (sq. ft.) | 30,000 | 15,0001 | 100,0002 | 100,000 | 15,000 | 50,000 | 50,000 | --3 | 100,000 |
Frontage at street (ft.) | 140 | 100 | 200 | 200 | 100 | 140 | 200 | 100 | 140 |
Contiguous upland | 24,000 | 13,500 | 70,000 | 70,000 | 14,250 | 35,000 | 35,000 | 50,000 | |
Percent of minimum lot area | 80% | 90% | 70% | 70% | 95% | 70% | 70% | 50% | |
NOTES: |
|---|
1Increase 50% for permitted semidetached and two-family dwellings. |
2Multifamily dwellings require 5,000 square feet per dwelling unit plus 500 square feet per bedroom. |
3In the Mixed Use District the minimum lot sizes shall be 15,000 square feet or that present as of January 1, 1998, whichever is less. |
Minimum Yard Requirements | |||||||||
|---|---|---|---|---|---|---|---|---|---|
RR | RA & RB | RC | P | B | I | AG | MU | WRP | |
Building setbacks | |||||||||
Front (ft.)1,6 | 30 | 20 | 504 | 50 | --2 | 50 | 50 | 201,2 | 20 |
Side (ft.) | 20 | 10 | 254 | 255 | --3 | 255 | 30 | 10 | 10 |
Rear (ft.)7 | 30 | 30 | 504 | 50 | --3 | 50 | 50 | 30 | 30 |
Maximum building | |||||||||
height (ft.) | 35 | 35 | 40 | 40 | 40 | 40 | 35 | 40 | 35 |
Maximum lot coverage (%)10 | 25% | 50% | 50% | 50% | 70% | 65% | 25% | 70% | 50%8 |
Maximum building coverage (%)9 | 15% | 30% | 25% | 25% | 25% | 25% | 10% | 25% | 25% |
NOTES: |
|---|
1No new building need provide yards greater than the average of those existing or abutting lots on the same street. Front deck and/or porch setbacks may conform to the average setbacks of those existing on the same street. Corner or through lots shall observe front yard requirements from both streets. |
2Front yard requirements established by Town Meeting votes recorded on plats on file in Town Clerk's office. Minimum of 20 feet required if none specified. |
3When abutting a residence district, 10 feet. None required elsewhere, provided that access to the rear of the structure and space for any required off-street loading or parking can be gained by other means. |
4For multifamily dwellings, increase to not less than the building height for any yard in which the building width parallel to the lot line exceeds 30 feet. |
5When abutting a residential use or district, increase to 50 feet, which shall contain no parking, but at least 10 feet of which shall contain densely planted tress (at least two inches in diameter) and shrubs (at least three feet high) unless existing vegetation is retained and provides equal screening for the purpose. |
6A noncovered porch, deck or landing not exceeding 72 square feet, nor extending more than six feet into a required front yard, and attached to a principal building, shall be exempt from this requirement. This exemption applies only to zoning districts RR, RA and AG. |
7A noncovered porch, deck or landing not exceeding 450 square feet, nor extending more than 15 feet into a required rear yard, and attached to a principal building, shall be exempt from this requirement. This exemption only applies to zoning districts RR, RA and AG. |
8Building coverage shall be a maximum of 25%, total coverage of lot shall be 50% including building and all accessory uses such as parking etc. At least 50% of the lot shall remain in its natural state. |
9Maximum building coverage - see definitions § 198-33. [Amended 2-11-2004 ATM by Art. 14] |
10Maximum lot coverage - see definitions § 198-33. [Amended 6-8-2002 ATM by Art. 5; 2-11-2004 ATM by Art. 14] |
[1]
Editor's Note: This article also provided that it shall apply to all new special permits subject to § 198-29 applied for after January 4, 2001, as provided for in MGL c. 40A, § 6. It shall also apply to such special permits granted prior to January 4, 2001, as provided for in MGL c. 40A, § 6, if the building permits authorized under such special permit are not issued prior to November 5, 2001.
§ 198-19 Fences.
[Added 3-22-1969 ATM by Art. 56; amended 5-1-2010 ATM by Art. 31]
A.
Corner lots shall provide visibility unobstructed at intersections. No sign, fence, wall, hedge or other obstruction shall be allowed to obstruct vision between 3 1/2 feet and eight feet above the street grade within an area formed by intersecting street lines and a straight line joining points on said street lines two feet back from their point of intersection.
B.
No boundary fence, wall or hedge shall exceed six feet in height, and no boundary fence, wall, hedge, or other landscape feature which obstructs vision shall exceed 42 inches in height within any required front yard area or within 20 feet of the street, whichever is the lesser requirement.
C.
All fences shall be installed so that the finished side faces the abutting properties.
§ 198-20 Soil removal.
[Added 5-6-1989 STM by Art. 5]
No loam shall be removed from any lot area or other area of a subdivision that is not outlined on the plan as a roadway, until specific building permits are issued for the specific lots involved.