Great Barrington City Zoning Code
SECTION 4
0 Dimensional Requirements
4.1 General.
4.1.1.
Compliance required. In each district, no land shall hereafter be used, occupied or changed and no structure or building shall hereafter be erected, altered, moved or used or occupied unless it complies with the provisions as set forth in the Schedule of Dimensional Requirements herein, except as provided in MGL c. 40A, § 6 for nonconforming circumstances. Variations and exceptions from these minimum requirements are set forth in the Notes to the Schedule of Dimensional Requirements, and as specifically provided elsewhere in this bylaw.
4.1.2.
Schedule of dimensional requirements. Please refer to the following page.[1]
[1]
Editor's Note: The Schedule of Dimensional Requirements is included as an attachment to this chapter.
4.1.4.
No overlap. No part of a yard or other open space or off-street parking or loading space required for or in connection with any building or use for the purpose of complying with this bylaw shall be included as part of such requirements similarly required for any other building or use.
4.1.5.
Reduction of dimensions of existing yards or lots. No yard or lot existing on the effective date of this bylaw shall be reduced in dimension or area below the minimum requirements set forth herein. Yards and lots created after the effective date of this bylaw shall meet the minimum requirements established by this bylaw unless lawful zoning relief has been granted.
4.1.6.
Effect of amendments on existing violations. No lot created, structure built, or use established in violation of the provisions of this bylaw, as such bylaw existed at the time of such violation, shall be deemed to have achieved any nonconforming status solely as the result of the adoption of a subsequent amendment.
4.1.7.
Provisions to be minimum requirements. In their interpretation and application, the provisions of this bylaw shall be held to be minimum requirements adopted for the promotion of the public health, safety or general welfare. Whenever the requirements of this bylaw are at variance with the requirements of any other lawfully adopted rules, regulations or bylaws, the more restrictive or that imposing the higher standards shall govern.
4.2 Special regulations.
4.2.1.
More than one principal structure per lot. In any zoning district, more than one building or structure housing a principal permitted use may be erected or placed on a single lot of record, provided that area, width, frontage, yard and other requirements of this bylaw shall be met.
[Amended 6-6-2022 ATM by Art. 24]
4.2.2.
Street frontage requirement. Every principal building or structure hereafter erected or moved shall be on a lot having frontage on a street. In no case shall said frontage be less than 80% of the required minimum lot width as provided for in the Schedule of Dimensional Requirements.
4.2.3.
Permitted projections into yards. Ground story bay windows, oriels or balconies may project not more than three feet into any required rear yard or into any required side yard with a width of eight feet or more. No such structure shall have a width or greater dimension in excess of three times the distance of its projection.
1.
Cornices and eaves may project not to exceed two feet into any required yard.
2.
Sills, leaders, belt courses and similar ornamented or structural features may project not more than six inches into any required yard.
3.
An open fire balcony or a fire escape may project into a required side yard or rear yard not to exceed four feet.
4.
An uncovered porch or a covered porch with open or screened sides may project up to eight feet into a required front yard setback.
5.
Uncovered or unenclosed steps or stairways leading to the basement or first floor of a building may project into a required front yard no more than 10 feet in any residence district.
4.2.4.
Contextual setbacks.
1.
Averaging. Where at least 50% of the frontage on lots occupied by structures along both sides of a street between two intersecting streets, or 50% of the frontage on lots occupied by structures for a distance of 300 feet on the same side of a street, contains front yards of greater uniform depth than is specified in the Schedule of Dimensional Requirements for the district within which such frontage is located, the average depth of such greater front yards shall be and shall remain the front yard requirement for such street or portion of street.
2.
Other. Where, in a similar space, there is a variety in depth, all being above the minimum specified in the Schedule of Dimensional Requirements for the district, the smallest front yard depth existing within such frontage shall be the required minimum depth for all such front yards.
3.
Adjacent to vacant land. For averaging purposes, if a vacant lot exists on one side of a lot, the minimum front yard set forth in the Schedule of Dimensional Requirements shall be considered the front yard setback for the vacant lot.
4.
A building need not be set back more than the average of the setbacks of the buildings on the abutting lots on either side. If a vacant lot exists on one side, then the minimum as set forth in Section 4.1.2 shall be considered the depth of setback for the vacant lot.
4.2.5.
Visibility at intersections. On a corner lot in any district where a front yard is required, nothing shall be erected, placed (including snow), planted or allowed to be or to grow in such a manner as materially to impede vision between a height of three and eight feet above the curb level within the triangular area formed by the intersection of any two street lines and a line joining points along said street lines 20 feet from the point of intersection of the two street lines.
4.2.6.
Uses near abutting districts. Whenever an industrial or business district abuts upon a residential district with no intervening street, highway, railroad or river, any structure or any industrial or business use in the district shall:
1.
Be set back from the boundary of such residential district not less than the minimum yard required by the abutting district; and
2.
Not exceed in height a plane which starts in the abutting district at the average ground level of its required setback and rises at a pitch of one vertical for every one horizontal (45°) toward the industrial or business district property in question.
4.2.7.
Front yard. In any business or industrial district, no building shall be erected nearer to the street line or established building line than is permitted in the adjacent residence district within a distance of 50 feet from the residence district boundary line, except when such building is separated by a street from the residence district.
4.2.8.
Exceptions to height requirements.
4.2.9.
Fences. The following requirements shall apply to fences in residential zoning districts.
1.
Any fence over six feet in height as measured from the finished grade shall be considered a structure and shall comply with the setback requirements of this bylaw except as provided by MGL c. 40A, § 6 for nonconforming circumstances. Any fence, regardless of height, shall be erected with its finished side facing the abutting property.
2.
No fence within a required side or rear yard may exceed six feet in height.
3.
No fence within the front yard setback may exceed four feet in height or be more than 50% solid.
4.3 Rear lots.
4.3.1.
General. Rear lots shall be allowed only by special permit of the Planning Board in the Residence Districts. To be eligible for a rear lot, the original lot must have the minimum frontage required for the zoning district plus at least 40 feet. The rear lot may be created provided that all of the following conditions can be met for the rear lot:
1.
The area of said rear lot is at least 1 1/2 the minimum area required in the district.
2.
A building line is designated on the plan, and the width of the lot at that line equals or exceeds the number of feet normally required for street frontage in the district.
3.
The width of the rear lot is at no point less than 40 feet, and its frontage is not less than 40 feet.
4.
At the time of the creation of the rear lot, it shall be held in common and contiguous ownership with the front lot.
5.
The front, rear, and side yards shall equal or exceed those required in the district.
6.
The rear lot and its parent lot shall share a common driveway, approved as part of this special permit application.
4.3.2.
Limitation. Not more than one rear lot shall be created from a property or a set of contiguous properties held in common ownership as of May 3, 2010. In order to be eligible for a rear lot, such property or set of contiguous properties held in common ownership as of May 3, 2010, 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 Building Commissioner. The Building Commissioner 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.