Newton City Zoning Code
§ 320-4
General provisions.
A.
Conformity to district regulations. Except as previously or hereinafter provided, no person shall locate, relocate, erect, construct, reconstruct, enlarge, or structurally alter any building or structure or use of land or building for any purpose, except in conformance with the regulations of the district in which such building or structure is located.
B.
Pending application for construction permits. Nothing in this chapter shall require any change in plans, construction, size or designated use of any building, structure or part thereof for which any construction permit has been granted before the enactment of this chapter; provided that construction from such plan shall have been started within 60 days after enactment of this chapter and shall be diligently pursued to completion.
C.
Accessory buildings.
(1)
An accessory building attached to the main building shall comply in all respects with the requirements of this chapter applicable to the main building.
(2)
Height/coverage limits. Accessory buildings in residential districts shall not be located in any required front yard, and may not occupy more than 30% of a required rear yard.
(3)
Building separation. In residential districts, the minimum distance of any accessory building from an adjacent building shall be five feet. An accessory building may be permitted to straddle a side or rear lot line for service to two residences by common consent as contained in a recorded legal instrument between adjoining property owners.
D.
Exceptions and supplemental regulations to bulk and area requirements.
(1)
Corner lots. Front yards shall be measured to the street line including both streets on a corner lot.
(2)
Permitted encroachments into setbacks. Building elements which are permitted encroachments include overhangs, steps, porches, breezeways, terraces, balconies, bay and box windows, decks, fireplaces or chimneys, and heating or air-conditioning units provided that no encroachment is more than half the total distance of the required setback.
(3)
Height exceptions. The height limitations of this chapter shall not apply to chimneys, church spires, standpipes, gables, cupolas, flag poles, monuments, television antenna or towers, cables, scenery lofts, or water tanks, elevator housings, and similar structures and necessary mechanical appurtenances for the zone in which the building is located; provided that no such exceptions shall cover at any level more than 10% of the area of the roof on which it is located.
(4)
Obstruction to vision at street intersections. In any district on any corner lot, no fence, sign or structure, planting, other obstruction to vision higher than three feet above the existing street grade at center line shall be erected or maintained within a triangle formed by the point of the street intersection and points in each of the intersecting lines 25 feet from the intersection.
(5)
Setback exceptions for wheelchair ramps.
[Added 5-24-2021 by Ord. No. 2021-8]
(a)
Handicap ramps shall be permitted as an accessory structure in all zone districts and located in any yard provided the requirements of this section are fully satisfied.
(b)
The Zoning Officer may authorize installation of a wheelchair ramp within a required setback in compliance with the following criteria:
[1]
The wheelchair ramp shall be designed so the encroachment into the required setback is at the minimum distance feasible.
[2]
Prior to construction of the handicap ramp, the property owner shall submit the proposed location of the ramp on the property with a drawing or sketch to the Zoning Officer for review and approval.
[3]
The wheelchair ramp shall not encroach into any recorded easement or into the public right-of-way, unless permission has been granted by the owner of the easement or the public entity as to the right-of-way.
[5]
Handicap ramps shall be excluded from the calculation of maximum impervious or other coverage for buildings and aboveground structures, otherwise applicable to accessory structures.
E.
New multi-family dwellings. In any district, a multi-family dwelling which contains within such multi-family dwelling three or more residential units shall have no more than three bedrooms per unit. This limit does not apply to two-family dwellings or duplexes.
[Added 5-29-2024 by Ord. No. 2024-13]