Marion City Zoning Code
ARTICLE XV
Flexible Development
§ 230-15.1 Purpose.
The purpose of this Article XV, Flexible Development, is to preserve open space, forested and other scenic views along the public ways in the Town of Marion; to protect the natural environment; to protect the value of real property; to promote more sensitive siting of buildings and better overall site planning; to preserve Marion's traditional New England landscape and to allow landowners a reasonable return on their investment.
§ 230-15.2 Applicability.
[Amended 5-21-2007 ATM by Art. 25]
Any creation of five or more parcels in a residence district, whether a subdivision or not, from a parcel or set of contiguous parcels held in common ownership may proceed under this Article XV, Flexible Development, and is further subject to the requirements of Article IX, Site Plan Review and Approval.
§ 230-15.3 Application procedure.
Applicants for flexible development shall file with the Planning Board six copies of a development plan conforming to the requirements for a preliminary subdivision plan under the Subdivision Regulations of the Planning Board.[1] The Planning Board may also require as part of the development plan any additional information necessary to make the determinations and assessments cited herein.
§ 230-15.4 Modification of lots.
The Planning Board may authorize modification of lot size, shape and other bulk requirements for lots within a flexible development, subject to the following limitations:
A.
Lots having reduced area or frontage shall not have frontage on a street other than a street created by subdivision involved.
B.
Lots may be reduced in area to a minimum of 85% of the otherwise applicable requirement for the district.
C.
Lot frontage may be reduced to 65% of the frontage required in the district, provided that all lots located within the flexible development shall average 85% of the frontage required in the district.
D.
Each lot shall have at least 85% of the required yards for the district.
§ 230-15.5 Visual buffer requirements.
A buffer area, not less than 200 feet in width, shall be provided between any public way adjacent to the flexible development and any home constructed therein. The buffer may be constituted as a "no build" zone with the site, and may serve as area for individual lots contained therein. No indigenous vegetation shall be removed from this buffer zone before or after the development of the residential compound (except for removal necessary for the construction of subdivision roadways and services and ordinary maintenance), nor shall any building or structure be placed therein.
§ 230-15.6 Compliance with other requirements.
The submittals and permits of this article shall be in addition to any other requirements of the Subdivision Control Law or any other provisions of this Zoning Bylaw.