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Freetown City Zoning Code

ARTICLE VI

Height and Area Regulations

§ 300-6.1 Lot sizes and setback requirements.

A. 
Lot size, area. Land laid out into lots for any purpose after the adoption of this bylaw shall have a minimum frontage on a street or way of 175 feet and a minimum area of 70,000 square feet, a minimum of 52,000 square feet of which must be of nonresource area (as defined by MGL c. 131, § 40); 30,000 square feet of this nonresource area must be contiguous. Newly created lots shall accommodate a 100-foot-diameter circle that touches the required frontage and is entirely within the lot being created.
[Amended 3-6-1971 ATM; 3-10-1973 ATM; 9-22-1986 STM; 5-3-2004 ATM; 11-8-2004 STM]
B. 
Frontage.
[Amended 5-5-1980 ATM; 4-6-1981 STM; 5-26-1981 ATM; 9-22-1983 STM; 10-27-2008 STM]
(1) 
Frontage on a street or way shall be measured from its intersection with one side lot line to its closest intersection with another side lot line of the same lot, with the following exceptions and limitations:
(a) 
Lots that have frontage on two or more streets shall utilize any one frontage length but not include more than one in computation of total frontage.
(b) 
Lots that have more than one length of frontage on the same street shall utilize any one frontage length but not include more than one in computation of total frontage.
(c) 
Where a curve defines the intersection of two street layouts, the measurement of frontage on any one street shall extend along the curve to the midpoint.
(d) 
Lot orientation and access from frontage:
[1] 
The selected frontage shall serve as the basis for determining applicable building setbacks. The selected frontage shall be suitable for the development of an access route or driveway to the building site.
(2) 
For purposes of this subsection, a "street" or "way" shall mean:[1]
(a) 
A public way or a way which the Clerk of the Town certifies is maintained and used as a public way; or
(b) 
A way shown on a plan heretofore approved and endorsed in accordance with the protective bylaws; or
(c) 
A way in existence when Subdivision Control Law[2] became effective in the Town, 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 buildings erected or to be erected thereon.
[2]
Editor's Note: See MGL c. 41, §§ 81K to 81GG.
[1]
Editor's Note: See also the definition of "street" in § 300-1.4.
C. 
Lot sizes, minimum requirements. No existing lot shall be reduced in frontage or area below the aforesaid minimum requirements.
[Amended 3-10-1973 ATM; 5-5-1980 ATM]
D. 
Lot sizes, existing lots. Nothing in this bylaw shall prohibit the construction of a single-family dwelling on existing lots smaller than 70,000 square feet and 175 feet of frontage or on existing lots containing wetland areas, providing:
[Amended 3-10-1973 ATM; 5-5-1980 ATM; 5-26-1981 ATM; 5-5-1986 ATM; 9-22-1986 STM]
(1) 
The lot was a legally created lot shown on a plan of land approved by the Planning Board and duly recorded with the Register of Deeds prior to any increases in minimum area and frontage approved by Town vote.
(2) 
The lot was not held in common ownership with any adjoining land of the same owner.
(3) 
Construction of dwellings on such undersized lots must conform to current state and local health regulations applicable to the type of structure proposed.
(4) 
Existing lots containing wetlands shall be subject to review of the Freetown Conservation Commission and its rulings and conditions, if any.
E. 
Lot coverage. Maximum percentage of land covered by structures: Residential District 30%, Village Residential District 65%, Village Business District 70%, General Use District 50%, Business Use District 80%, Industrial and Industrial/2 Districts 80%.
[Amended 5-3-2004 ATM; 10-27-2008 STM]
F. 
Additional dwelling units, minimum requirements. No single-family dwelling shall hereafter be constructed or placed upon a lot having less than 175 feet frontage and 70,000 square feet, a minimum of 52,000 square feet of which must be of nonresource area as defined by MGL c. 131, § 40. An additional attached dwelling unit is allowed to create a duplex unit, providing there is a minimum of an additional 50 feet of frontage and 40,000 square feet of nonresource area.
[Amended 3-10-1973 ATM; 5-5-1980 ATM; 5-26-1981 ATM; 9-22-1986 STM; 10-27-2008 STM]
G. 
Setback requirements.
[Amended 5-26-1981 STM; 9-22-1986 STM; 5-1-1989 STM; 11-1-1994 STM; 3-24-1997 STM]
(1) 
Single-family and duplex structures on preexisting lots. Single-family and duplex structures on preexisting nonconforming lots with less than 175 feet of frontage and less than 70,000 square feet of area legally created and recorded prior to September 22, 1986, in nonindustrial zones and not held in common ownership:
(a) 
Principal building: 30 feet from the street line; 20 feet from rear and side property lines.
(b) 
Accessory buildings: 30 feet from street line; six feet from rear and side property lines.
(2) 
Setbacks for all other circumstances.
[Amended 10-27-2008 STM; 6-7-2010 ATM; 11-8-2010 STM]
Use by District
Setbacks From Property Lines
Side
(feet)
Rear
(feet)
Front
(feet)
General Use District
Single-family or duplex, principal building
20
20
50
Multifamily principal building
100
100
100
Residential accessory building greater than 300 square feet in area
10
10
50
Residential accessory building less than or equal to 300 square feet in area
6
6
50
Business, principal building
40
40
50
Business, accessory building
40
40
50
Retail fuel station canopy
20
20
20
Residential District
Single-family or duplex, principal building
20
20
50
Multifamily principal building
100
100
100
Residential accessory building greater than 300 square feet in area
10
10
50
Residential accessory building less than or equal to 300 square feet in area
6
6
50
Public utility structure, including water/sewer infrastructure
10
10
10
Village Residential District
All principal uses
10
10
10
Accessory uses
6
6
10
Village Business District
All principal uses
10
10
10
Accessory uses
6
6
10
Business District
Business, principal building
50
40
50
Business, accessory building
50
40
50
Retail fuel station canopy
50
20
20
Public utility structure, including water/sewer infrastructure
6
6
10
Industrial/Industrial 2 District
Industrial structure: less than or equal to 3 floors or 40 feet in height
50
40
50
Greater than 3 floors or 40 feet in height
50
40
200
Accessory structure
50
20
50
Research laboratory
50
40
50
Dry-cleaning plant
50
40
50
Uses accessory to permitted scientific research and development, whether or not located on the same lot as the principal permitted use
50
40
50
Commercial tower and/or antenna; see also § 300-6.2
1.5 x tower height
1.5 x tower height
1.5 x tower height
Wind turbine; see also Article IX
3 x blades' highest point
3 x blades' highest point
3 x blades' highest point
Adult entertainment establishments
150
150
150
Public utility structure, including water/sewer infrastructure
6
6
10
Large-scale ground-mounted solar photovoltaic installations
20
25
50
(3) 
No building, structure, including accessory buildings or structures erected or placed upon a lot for a specific use, shall be changed to or used for a different use, unless the building or structure complies with the setback and district use requirements for the new use.
(4) 
Construction of new structures, additions, or expansions of existing structures within these setbacks will require a variance or special permit from the Board of Appeals.
(5) 
Industrial or Industrial/2 District. Height and setback requirements for Industrial and Industrial/2 Districts for structures over 40 feet in height: The maximum height of any principal or accessory building within the Industrial or Industrial/2 District shall be determined according to its distance from the nearest street or from any General or Residential Districts. The maximum height shall be seven floors or 80 feet at 200 feet of setback.
[Amended 6-7-2010 ATM; 11-8-2010 STM]
H. 
Residential parking requirements. All single-family and duplex dwellings shall be provided with a minimum of two off-street parking spaces per dwelling unit that shall conform to the same setbacks as are applicable to single-family and duplex structures.
[Amended 9-22-1986 STM]
I. 
Lots created prior to May 5, 1980. The frontage and area requirements of § 300-6.1D and F shall not apply to a lot for single-family residential use which on May 5, 1980, was not held in common ownership with any adjoining land and contained at least 30,000 square feet of area and 150 feet of frontage.
[Amended 5-26-1981 ATM]

§ 300-6.2 Height limitations.

[Amended 11-1-1994 STM; 10-27-2008 STM; 6-7-2010 ATM; 11-8-2010 STM]
Building heights in the General Use, Residential Use, Village Residential Use, Village Business, and Business Use Districts shall not exceed three floors or 40 feet in height. For structures located in Industrial and Industrial/2 Districts over three floors or 40 feet in height: The maximum height for any nonaccessory building within the Industrial (I) and Industrial/2 (I/2) Districts shall be determined according to its distance from the nearest street or from any General or Residential Districts. Height requirements for antennas, water tanks, chimneys, towers, spires, and the like as well as other structural features not used for human occupancy that are in excess of 100 feet shall require the granting of a special permit by the Planning Board. A projection erected that shall exceed the height shown above may be authorized by special permit, providing the special permit granting authority finds the proposal is not contrary to the best interest of the inhabitants of the Town of Freetown and is in accordance with § 300-2.1.