Marion City Zoning Code
ARTICLE V
Intensity of Use Regulations
§ 230-5.1 Lot, yard and height requirements.
[Amended 3-28-1989 STM by Art. 4; 4-4-1989 STM by Art. 7; 6-18-1990 STM by Arts. 1, 2, 4, 11, 15; 4-24-1995 ATM by Art. 36; 6-4-1996 STM by Art. S4; 10-28-1997 STM by Art. S3; 4-26-1999 ATM by Arts. 20, 21; 10-25-1999 STM by Art. S1; 4-24-2000 ATM by Art. 26; 11-13-2000 STM by Art. S3; 4-29-2003 STM by Arts. S4, S8; 4-25-2005 ATM by Art. 30; 10-21-2019 STM by Art. 15; 10-23-2023 STM by Art. S10]
A dwelling hereafter erected in any district and a building hereafter in any Business, Limited Industrial or Open Space Development District shall be located on a lot having not less than the minimum requirements set forth in the table below, and no more than one dwelling shall be built on such a lot except as may be allowed in the Residence E and the Open Space Development District or by special permit where otherwise authorized by these Zoning Bylaws. No existing lot shall be changed in size or shape so as to result in the violation of the requirements set forth below.
Table 5.1A | |||||
|---|---|---|---|---|---|
Dimensional Requirements Table | |||||
District | Minimum Lot Size (square feet)(9) | Minimum Lot Frontage (feet) | Minimum Front Yard Setback (feet) | Minimum Side and Rear Setback(10) (feet) | Maximum Building Height (feet) |
Residence A(1)(4)(11) | 21,780 (0.5 acre) | 125 | 35 | 15 | 35 |
Residence B(1)(4)(11) | 43,560 (1 acre) | 150 | 35 | 20 | 35 |
Residence C(1)(3)(4)(11) | 87,120 (2 acres) | 200 | 35 | 30 | 35 |
Residence D(1)(11) | 87,120 (2 acres) | 250 | 35 | 30 | 35 |
Residence E(1)(2) | 40,000 | 150 | 35 | 20 | 35 |
Limited Business(13) | 15,000 | 80 | 35(12) | 10 | 35 |
General Business(13) | 15,000 | 100 | 35(7)(12) | 10(8) | 35 |
Marine Business(13) | 15,000 | 100 | 35(12) | 10 | 35 |
Limited Industrial(13) | 15,000 | 100 | 35(12) | 10 | 35 |
Dimensional Table Notes: | |||
1. | These dimensional requirements may be waived in accordance with the provisions of Article X, Conservation Subdivision, upon the issuance of a special permit. | ||
2. | See § 230-5.3 for additional and special requirements for the Residence E, Multifamily Residence District. | ||
3. | See Article XII for Open Space Development District requirements. | ||
4. | These dimensional requirements may be waived in accordance with the provisions of § 230-5.5, Waterfront compounds. | ||
5. | (Reserved) | ||
6. | (Reserved) | ||
7. | Not less than 25% of the required front yard must be maintained with vegetative cover. | ||
8. | Where a business use abuts a residential district, a landscape buffer five feet in width shall be provided along abutting side or rear lot lines unless otherwise specified under site plan review and approval. | ||
9. | Majority of each lot must be contiguous upland as defined in Table 5.1B, Contiguous Upland Requirements. In computing the minimum lot area, land area as defined in the Massachusetts Wetland Regulations (310 CMR 10.00) as bordering vegetated wetlands, land under water bodies or waterways, salt marshes, or all land seaward of mean high water shall not be used in computing the minimum lot area requirements, as based on the following tables: | ||
Table 5.1B Contiguous Upland Requirements | |||
Lots serviced by both on-site sewage disposal system and private well | |||
Zone | Required Upland Area (square feet) | Percent of Upland Area Required to Be Contiguous | |
RA | 15,000 | 100% | |
RB | 30,000 | 100% | |
RC | 60,000 | 80% | |
RD | 80,000 | 60% | |
Lots serviced by Town water and on-site sewage disposal systems | |||
Zone | Required Upland Area (square feet) | Percent of Upland Area Required to Be Contiguous | |
RA | 15,000 | 100% | |
RB | 30,000 | 80% | |
RC | 60,000 | 70% | |
RD | 80,000 | 60% | |
Lots serviced by both Town water and Town sewer | |||
Zone | Required Upland Area (square feet) | Percent of Upland Area Required to Be Contiguous | |
RA | 15,000 | 90% | |
RB | 30,000 | 70% | |
RC | 60,000 | 60% | |
RD | 80,000 | 50% | |
(This provision shall only apply to lots created on plans filed after March 6,1995.) | |||
10. | The rear yard setback requirements may be waived for piers where a pier is constructed in a nonresidential district or where a pier is allowed by special permit in a residential district. | ||
11. | Provided, however, that the Planning Board may grant a special permit to allow a minimum lot frontage on a common private way shown on an enclosed residential compound plan pursuant to the Subdivision Rules and Regulations of the Planning Board.[1] In issuing any special permit for reduced frontage in a residential compound, the Planning Board shall require the applicant to demonstrate that, through easements, restrictive covenants or other appropriate legal devices, the maintenance, repair, snow removal and liability for the common driveway within the residential compound shall remain perpetually the responsibility of the private parties, or their successors-in-interest, and that any breach of this condition shall be deemed noncompliant with the terms of any special permit issued hereunder. Any subsequent change to the roadway surface after the construction of a residential compound shall require a modification of the endorsed plan pursuant to MGL c. 41, § 81W and this special permit. | ||
12. | Provided, however, that the Planning Board may grant a special permit to allow a lesser setback. In issuing any special permit for reduced setbacks, the Planning Board shall require the applicant to provide parking, curbing, street trees, or other plantings, and pedestrian access in a manner acceptable to the Planning Board. Through easements, restrictive covenants or other appropriate legal devices, the maintenance, repair, snow removal and liability for the sidewalk and street trees or other plantings on the property of the business shall remain the responsibility of the owner of said property. | ||
13. | Provided, however, that the Planning Board may grant a special permit to allow a use, other than a one- or two-family dwelling, as allowed by the Table of Principal Use Regulations on parcels equal to or greater than 5,000 square feet and with a minimum of 50 feet of frontage, provided that the project is otherwise in harmony with the provision of the Zoning Bylaw and the lot was in compliance with the applicable zoning at the time the lot was created or shown on a plan endorsed by the Planning Board. | ||
Dimesional Table Explanations: |
A.
The height of a building abutting a street shall be measured from the average finished grade on the street side(s) and if not abutting a street from the mean ground level along its front to the highest point of the exterior in the case of a flat roof or to the ridge in the case of a pitched roof.
B.
Front, side and rear yard setbacks shall be measured from the nearest point of any structure or dwelling to each front, side or rear lot line. Uncovered steps, ramps, and bulkheads or the construction of walls or fences not exceeding six feet in height shall not be considered part of the structure for the purposes of measuring setbacks. A chimney and all types of decks shall be considered part of a structure.
C.
A detached accessory building shall conform to the minimum setback from any boundary. Any building attached to a dwelling will be considered as part of the dwelling.
D.
All buildings on lots abutting Route 6 (Mill Street and Wareham Street) shall be set back at least 50 feet from said right-of-way. No building, except on lots on Route 6, need to be set back more than the average of the setback of the building next thereto (within 250 feet) on either side. A vacant lot, or lot occupied by a building set back more than the minimum setback requirements, shall be counted as though occupied by a building set back at this requirement.
E.
Frontage for the width of a lot shall be measured continuously along one street line between side lot lines, provided that the shape of the lot is capable of containing a rectangle with a width of at least 75 feet at the front of the property line and with sufficient length that the area of the rectangle contains no less than 50% of the minimum lot size requirement.
F.
Each lot shall have a width of not less than 80% of the required frontage at all points between the sideline of the right-of-way along which the frontage of the lot is measured and the nearest point on the front wall of the dwelling upon such lot. Such width shall be measured along lines which are parallel to such sideline. (See following figure.)
 |
G.
The thinnest cross section of a lot must be greater than 70 feet as determined from the length of a line segment running parallel to the front lot line. Rear lot access is exempt from this requirement.
H.
On a corner lot, the frontage requirement shall be measured to the midpoint of the curve forming the intersecting streets. On a corner lot, an accessory use, including a visual screen, must comply with the setback requirements relating to both streets.
I.
On corner lots, an accessory structure, including but not limited to visual screening, shall comply with the requirements relating to front and side setbacks for the district which it is located. No visual screening such as fences, shrubs, or trees shall block the sight triangle of oncoming traffic as to cause a safety hazard.
(1)
A fence, hedge, wall or other enclosure may be maintained on a corner lot, provided that no structure or vegetation shall be over 3.5 feet in height from the road surface within the sight triangle.
(2)
The "sight triangle" is defined as the area within a triangle formed by two lines measured along the center of the nearest lane or the traveled way of intersecting streets from the point of intersection for a distance of 25 feet and a third line connecting the points of the two legs. The height restrictions shall designate the distance above each point in the plane of the sight triangle.
J.
The limitations of height in feet shall not apply to chimneys, ventilators, skylights, water tanks, bulkheads, and other accessory features usually carried above roofs, nor domes, towers, or spires of churches or other buildings, provided such features are in no way used for living purposes, and further provided that no structural feature of any building shall exceed a height of 65 feet from the ground except by special permit from the Board of Appeals.
K.
A detached accessory building shall conform to the minimum setback requirements of the lot on which it is located except where a dwelling exists on lots which are less than minimum requirements, in which case the Board of Appeals may by special permit authorize such reductions of setback requirements as may be reasonable with respect to the size and shape of the lot and not hazardous or detrimental to the neighborhood and the adjacent lots.
§ 230-5.2 Exceptions to minimum lot requirements.
[Amended 4-25-1994 ATM by Art. 25]
A.
On any lot which is less than the minimum lot size or frontage set forth in § 230-5.1, but which is allowed by MGL c. 40A, § 6 to be built upon, coverage of the lot by the dwelling, accessory buildings and other impervious-type surfaces or structures may not exceed 40% of ground area.
[Amended 4-22-1996 ATM by Art. 26]
B.
If any existing lot contains more than one dwelling and the division of such lot would result in one or both lots containing less than the minimum requirements in said districts, said lot may be divided with each lot having one dwelling and equal square footage and equal frontage. Appeal from this restriction may be made to the Zoning Board of Appeals, which may grant a special permit if equal division creates a true hardship. This provision shall not apply when an accessory building has been converted to an apartment under a special permit.
C.
One single-family dwelling may be constructed on any lot or combination of adjoining lots, provided that said lots were held in common ownership with that of an adjoining lot(s) that contains at least 5,000 square feet of area and 50 feet of frontage on a way, provided that:
(1)
The lot or combined lots are located in a residential zoning district;
(2)
The lots are shown on a plan of land as separate and identifiable lots of record on a plan or deed duly recorded on the Plymouth County Registry of Deeds or in the Land Court prior to January 1, 1996, and in compliance with the Zoning Bylaw at the time of creation.
(3)
The lots will accommodate a residential dwelling that, when constructed, will comply with side and rear setbacks of the Zoning Bylaw as follows:
(4)
All lots will comply with the front setback requirements under the Zoning Bylaw in effect at the time the lot was created.
[Added 10-25-2004 STM by Art. S15]
§ 230-5.3 Multifamily residential housing.
[Added 4-4-1989 STM by Art. 6; amended 5-8-2017 ATM by Art. 35; 10-21-2019 STM by Art. 16]
A.
Purpose.
(1)
Regulations covering multifamily housing are enacted to encourage a limited amount of rental or ownership housing in Marion at a relatively low density to facilitate affordable housing and construction needs. Such housing must be served by public sewer and water. In keeping with the community's desire to maintain Marion as a place where single-family detached homes predominate, these regulations will apply only when the Marion Town Meeting decides to designate an area or areas as Residence E, Multifamily Residence.
(2)
The intent of these regulations is to encourage low-density multifamily housing designed to be compatible with the neighborhood in which it may be located. Pursuant to Article IX, Site Plan Review and Approval, all development exceeding a minimum threshold will be required to obtain site plan approval.
B.
Dimensional requirements.
(1)
Maximum lot coverage: 40%, the same to include the gross ground floor area of all buildings and all parking areas.
(2)
Minimum usable open space. There shall be provided for each lot or building site area a minimum usable open space of not less than 40% of the lot area. Usable open space shall include all the lot area not covered by buildings, accessory buildings and/or structures, or surface parking areas. The area devoted to lawns, landscaping, and other exterior uses provided they are permeable shall be included as usable open space..
C.
Density requirements. The maximum allowable density shall be 12 dwelling units per acre in areas served by public water and sewer. In determining whether the density rate has been complied with, all land in the development lot or parcel not reasonably suited for residential development, such as wetlands, shall be excluded.
§ 230-5.5 Waterfront compounds.
[Added 10-28-1997 STM by Art. S4; amended 4-29-2003 STM by Art. S8]
A.
Purpose. Marion has a number of estate properties located along the waterfront, where large homes on large tracts of land, often along with several smaller homes on the same tract or in separate parcel ownership, have evolved as residential compounds served by a common, private access road. A number of the large homes, which were built for seasonal use originally, have been converted to year-round occupancy. It is the intent of this section to preserve the estate and open space characteristics of large tracts of land along the waterfront, including parcels in more than one ownership, in a manner which minimizes Town maintenance responsibility.
B.
Applicability. On tracts of 10 acres or more abutting tidal waters, a waterfront compound comprised of dwelling units sharing common frontage and a private access road or roads may be permitted, through the issuance of a special permit by the Planning Board, in any single-family residential district.
C.
Conditions. A waterfront compound shall meet all of the following conditions:
(1)
Tract ownership. For the purposes of making an application under this section, the minimum tract size may be comprised of parcels in more than one ownership, providing evidence of legal arrangements binding all property owners to the restrictions which may be imposed in the granting of a special permit are presented with an application for a special permit.
(2)
Tract frontage. The tract shall have a minimum frontage on a public way equal to at least twice the minimum frontage required in the residential district in which it is located, unless an island surrounded by water.
(3)
Maximum number of dwelling units The waterfront compound shall not contain more than one dwelling unit per two acres of land. Conversion of larger estate residences to more than one dwelling unit is permitted in a waterfront compound.
(4)
Dimensional requirements. There shall be no minimum lot width or frontage requirements in a waterfront compound. On all lots which abut the peripheral boundary of the tract, the setback requirements from the peripheral boundary shall be the same as those which would be required for the residential district in which the land is located.
(5)
Access. Each dwelling unit in the waterfront compound shall have adequate and legally enforceable rights of access to a public street via a private street or driveway or public waterway in case of an island surrounded by water.
D.
Open space requirements. A minimum of 10% of the tract shall be contiguous open space, excluding required yards and buffer areas. Such open space may be separated by the road(s) constructed within the waterfront compound. The percentage of the open space which is wetlands, as defined pursuant to MGL c. 131, § 40, shall not normally exceed the percentage of the tract which is wetlands; provided, however, that the applicant may include a greater percentage of wetlands in the open space upon a demonstration that such inclusion promotes the purposes set forth above.
(1)
The required open space shall be used for conservation, outdoor recreational facilities of a noncommercial nature, agriculture, preservation of scenic resources and structures accessory to any of the above uses (including swimming pools, tennis courts, stables and greenhouses), and shall be served by suitable access for such purposes.
(2)
Underground utilities to serve the waterfront compound may be located within the required open space.
(3)
The required open space shall, at the owner's election, be conveyed to:
(a)
The Town of Marion or its Conservation Commission;
(b)
A nonprofit organization, the principal purpose of which is the conservation of open space and any of the purposes for such open space set forth above;
(c)
A corporation or trust owned jointly or in common by the owners of lots within the waterfront compound. If such corporation or trust is utilized, ownership thereof shall pass with conveyance of the lots in perpetuity. Maintenance of the open space and facilities shall be permanently guaranteed by such corporation or trust, which shall provide for mandatory assessments for maintenance expenses to each lot. Each such trust or corporation shall be deemed to have assented to allow the Town of Marion to perform maintenance of the open space and facilities if the trust or corporation fails to provide adequate maintenance and shall grant the Town an easement for this purpose. In such event, the Town shall first provide 14 days' written notice to the trust or corporation as to the inadequate maintenance, and if the trust or corporation fails to complete such maintenance, the Town may perform it. The owner of each lot shall be deemed to have assented to the Town filing a lien against each lot in the development for the full cost of such maintenance, which liens shall be released upon payment to the Town of same. Each individual deed, and the deed or trust or articles of incorporation, shall include provisions designed to effect these provisions. Documents creating such trust or corporation shall be submitted to the Planning Board for approval and shall thereafter be recorded in the Registry of Deeds.
(4)
Any proposed open space, unless conveyed to the Town or its Conservation Commission, shall be subject to a recorded restriction enforceable to the Town, providing that such land shall be perpetually kept in an open state, that it shall be preserved exclusively for the purposes set forth in Subsection D(1) above and that it shall be maintained in a manner which will ensure its suitability for its intended purposes.
(5)
All deed restrictions with respect to ownership, use and maintenance of permanent open space shall be referenced on and recorded with the plan.
E.
Limitation on further subdivision. No waterfront compound for which a special permit has been issued under this section may be further subdivided and a notation to this effect shall be shown on the plan.
F.
Decision. A special permit may be granted under this section by the Planning Board, provided:
G.
Additional conditions. Any special permit authorizing a waterfront compound shall require that individual deeds for lots or dwelling units within the compound contain the following terms:
(1)
The land lies within an approved waterfront compound conservation area;
(2)
The development of the land is permitted only in accordance with the land uses indicated in the Planning Board's special permit decision;
(3)
The Town will not be requested to accept or maintain the private access, drainage, open space (except as may be determined during the course of site plan review) or other improvements within the waterfront compound.
H.
Relation to other requirements. The submittals and permits of this section shall be in addition to any other requirements of the Subdivision Control Law or any other provisions of this Zoning Bylaw.
§ 230-5.6 Special permit and local initiative program dwelling units.
[Added 10-25-2004 STM by Art. S22; amended 10-19-2021 STM by Art. 6]
A.
Purpose. The purpose of this section is to allow, upon receipt of both a special permit and approval from the Select Board, pursuant to 760 CMR 45.00 (Local Initiative Program), the development of a lot that has lot vested rights under the Zoning Act and/or the Marion Zoning Bylaw.
B.
The Select Board may grant a special permit to build one single-family dwelling on any lot or combination of existing adjoining lots, provided:
(1)
The Select Board votes to endorse the application pursuant to the Select Board's authority contained within 760 CMR 56.00 and grants a special permit pursuant to § 230-7.2 of the Zoning Bylaw;
[Amended 10-23-2023 STM by Art. S11]
(2)
Said existing lot or lots were held in common ownership with that of adjoining land, which, when combined with any other land, contains at least 5,000 square feet of area and 50 feet of frontage on a street, as defined in the Zoning Bylaw;
(3)
The lot or combined lots are located in a zoning district where residential use is permitted;
(4)
The lot(s) are each shown on a plan of land as a separate and identifiable lots of record on a plan or deed duly recorded in the Plymouth County Registry of Deeds or in the Land Court prior to January 1, 1996; and
(5)
The lot(s) is subject to a deed restriction and regulatory agreement limiting, for a period of no less than 99 years, the sale or rental of the dwelling unit to a qualified individual pursuant to guidelines established by the Planning Board, said guidelines to be consistent with the purpose and intent of 760 CMR 45.00 and MGL c. 40B, §§ 20 to 23 and is approved by the Select Board, or its designee.
§ 230-5.7 Open space in General Business, Marine Business and Limited Industrial Districts.
In General Business, Marine Business and Limited Industrial Districts, it is desirable that a portion of each lot be left in an unpaved, unbuilt-upon condition, after allowing for the parking space required by § 230-6.5, with a goal of a minimum of 20% of the lot area in this open condition.