Middleborough City Zoning Code
SECTION 4
0 DIMENSIONAL REQUIREMENTS
4.1 GENERAL REQUIREMENTS
[Amended 10-4-2021 STM by Art. 27, AG 1-27-2022, eff. 10-4-2021; 4-25-2022 ATM by Art. 19, AG 11-4-2022, eff. 4-25-2022]
4.1.1.
Table of Dimensional Requirements. The erection, extension, alteration or moving of a structure or the creation of a lot or change in its size or shape (except through a public taking) must meet the requirements set forth in this Section 4.0 and the Table of Dimensional Regulations, except as may be otherwise set forth herein.
1.
A conforming lot may not be made nonconforming.
2.
A nonconforming lot may not be made more nonconforming.
TABLE OF DIMENSIONAL REGULATIONS | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
DIMENSION | RA | RB | RR | B | I | GU* | GUA* | GUB | GUX* | CD |
Min. Lot Area (s.f.) | 60,000 | 20,000 | 80,000 | — | — | — | — | — | — | 43,560 |
Min. Lot Frontage (ft.) | 175 | 125 | 200 | — | — | 75 | 75 | 75 | 75 | 150 |
Min. Lot Width (ft.) | 157.5 | 112.5 | 180 | — | — | — | — | — | — | 120 |
Upland Circle (s.f.) (See Section 4.2.4) | 12,000 | 12,000 | 12,000 | — | — | — | — | — | — | |
Min. Front Yard (ft.) | 25 | 25 | 50 | — | 150 | 35 | 35 | 35 | 35 | 40 |
Min. Side Yard (ft.) | 10 | 10 | 10 | — | 150 | 25 | 25 | 25 | 25 | 25 |
Min. Rear Yard (ft.) | 10 | 10 | 10 | 10 | 150 | 25 | 25 | 25 | 25 | 25 |
Building Height (ft.) | — | — | — | 65' | — | 42' | 42' | 42'** | 42' | 50/65*** |
Impervious Cover (%) | — | — | — | — | — | 60% | 60% | 60% | 60% | 65% |
Open Space (%) | — | — | — | — | — | 40% | 40% | 40% | 40% | 35% |
* | GU, GUX and GUA, and GUB. Dimensions shown are for commercial, industrial and accessory uses. See Section 4.5.2 for single family residential uses and Section 7.1 for multi-family uses. |
** | In GUB District, any Lot with ten (10) acres or more in size, the Zoning Board of Appeals, upon a finding that additional height is reasonably necessary for use of a structure and will not be detrimental to the neighborhood in which the structure is located, may authorize by special permit a structure not to exceed sixty-five (65) feet in height. |
*** | In the CD district, the Planning Board, upon a finding that additional height is reasonably necessary for the use of a structure and will not be detrimental to the neighborhood may authorize by special permit a structure not to exceed sixty-five (65) feet in height provided that the buildings are set back 300 feet from Route 28 and any residential abutters. |
4.2 RA, RB AND RR DISTRICT REQUIREMENTS
4.2.1.
One Structure per Lot. Not more than one dwelling or building with accessory structures having a permitted use shall hereafter be erected, placed or converted on any lot.
4.2.2.
Exemption from Front Yard Requirement. Open entrance platforms and steps may be erected, placed or converted on any lot within the front yard setback.
4.2.3.
Shape Factor. No dwelling, building or structure having a permitted use in this District shall hereafter be erected, placed, altered or converted on any lot unless the lot is substantially regular in shape. Substantially regular in shape shall mean that a lot has a Shape Factor (SF) of 30.0 or less. Shape Factor shall be determined by dividing the square of the perimeter of the lot by the area of the lot: SF=P2/A.
1.
A lot may have a Shape Factor exceeding 30.0 if a portion of the lot itself meets the minimum lot area requirement and has a Shape Factor of 30.0 or less and which portion includes minimum lot area, minimum street frontage, upland building area and minimum lot width at the street setback line, as required by this Zoning Bylaw.
2.
The requirements of Section 4.2.3 are hereby declared to be area and width requirements within the meaning of MGL Chapter 40A Section 6.
4.2.4.
Upland Building Area Requirement. No dwelling, building or structure having a permitted use in this District shall be erected, placed, altered or converted on any lot, unless the lot has an upland building area within it which encompasses a minimum 12,000 square feet of contiguous land in the shape of a circle, square or rectangle and in the use of a rectangle no side may measure less than 100 feet, within which no land is subject to protection under the Wetlands Protection Act, General Laws Chapter 131, Section 40 and within which at least 75% of the foot print of any dwelling, building or structure, not including accessory structures, shall be located.
4.2.5.
Lot Width at Setback. The minimum width of a lot at any point between the street line and the required minimum street setback line for erection of a dwelling, building or structure on the lot shall be a distance equal to or greater than 90% of the required minimum street frontage for the lot.
4.3 BUSINESS DISTRICT REQUIREMENTS
4.3.1.
General. No lot is subject to a minimum lot size, minimum frontage or minimum setback from the street line or side lot line. See Section 4.1.1 for rear setback requirements.
4.3.2.
Special Permit for Larger Buildings. In the Business District, no structure's footprint shall exceed 10,000 sq. ft. unless a special permit is issued by the Board of Appeals.
4.3.3.
Height. No building or structure shall exceed three (3) floors, excluding an unfinished attic area. The maximum height of any building or structure shall be sixty five (65') feet, including the roof peak or roof top structures or equipment.
4.4 INDUSTRIAL DISTRICT REQUIREMENTS
4.4.1.
Lot Size. No building or structure having a permitted use in this District is subject to a minimum lot size.
4.5 GU, GUX, GUA and GUB DISTRICT REQUIREMENTS
[Amended 10-4-2021 STM by Art. 27, AG 1-27-2022, eff. 10-4-2021]
4.5.1.
Front Yard Exemption. Open entrance platforms and steps may be erected, placed or converted on any lot within the front yard setback.
4.5.2.
Dwellings. No dwelling or accessory structure shall hereafter be erected, placed or converted on any lot in this district and no single family dwelling shall be converted to any other type of dwelling in this district without complying with the requirements of Section 4.0. Single family dwellings shall comply with the dimensional regulations for the Residence A District in Section 4.1. Multi-family dwellings shall comply with the standards set forth in Section 7.1. There shall be no more than one (1) single family dwelling and one (1) commercial building or structure erected, placed or converted on a lot in the GU Districts provided that at least one (1) of these buildings shall be occupied by the lot owner as a dwelling or used by the lot owner as a place of business.
4.5.3.
Special Permit for Larger Buildings. In all GU Districts, no structure shall exceed 20,000 sq. ft. of gross floor area unless a special permit is issued by the Zoning Board of Appeals.
4.5.4.
Rail Lines. Either side lot line or the rear lot line requirements shall not apply to a side lot line or rear lot line which abuts a railroad line or siding.
4.6 COMMERCIAL DEVELOPMENT DISTRICT REQUIREMENTS
4.6.1.
Setbacks.
1.
Setback from common access driveways shall be no less than twenty five (25') feet.
2.
Setbacks from any abutting residential district shall be no less than one hundred (100') feet and the setback area shall be landscaped, otherwise improved or maintained in its natural state as approved by the Special Permit Granting Authority (SPGA) to visually screen and mitigate the residential district from noise, light and nuisance. The SPGA may reduce the setback provided that the applicant proposes mitigation and upon the finding by the SPGA that the proposed mitigation is equal to or will exceed the mitigation that would be provided by a setback of at least one hundred (100') feet and will be sufficient to ensure that the development will not be detrimental to the established or future character of the neighborhood and Town and there will be no nuisance or hazard. In no case shall the setback from a residential district be less than fifty (50') feet. Earth berms, walls, fencing, landscaping and/or screening shall be provided to control noise, lights, dust, to provide shade and to visually screen commercial use from residential use. Earth berms where used should vary in width and height throughout their length in order to achieve topographical relief and to appear to occur naturally. Fences or walls if used shall be landscaped on both sides to be aesthetically pleasing.
4.6.3.
Shape Factor. No building or structure having a permitted use in this District shall be erected, placed, altered or converted on any lot unless the lot has a Shape Factor (SF) of 40.0 or less. Shape Factor shall be determined by dividing the square of the perimeter of the lot by the area of the lot: SF=P2/A. A lot may have a Shape Factor exceeding 40.0 if a portion of the lot itself meets the minimum lot area requirement and has a Shape Factor of 40.0 or less and which portion includes minimum lot area, minimum street frontage, building envelope and minimum lot width at the street setback line, as required by this Zoning Bylaw.