Norfolk City Zoning Code
ARTICLE 5
Intensity Regulations
§ 310-5.1 Basic requirements.
[Amended 5-10-2022 ATM by Art. 21; 11-12-2024 STM by Art. 10]
A.
No building or structure hereafter erected in any district shall be built, located or enlarged on any lot which does not conform to the minimum requirements of this bylaw, and no more than one dwelling shall be built upon any such lot. No existing lot shall be changed as to size or shape so as to result in a greater violation of the requirements set forth below.
B.
Schedule of Dimensional Requirements.
District | Residence 1 | Residence 2 | Residence 3 | Business 3 and 4 | Commercial 3 and 5 |
|---|---|---|---|---|---|
Minimum lot size (square feet) | 30,000 | 43,560 | 55,000 | 30,000 | 30,000 |
Minimum frontage (in feet) | 150 | 200 | 200 | 150 | 150 |
Required circle (in feet) | 150 | 200 | 200 | ||
Minimum yard setback (in feet) | |||||
Front | 50 | 50 | 50 | 25 | 50 |
Side | 25 | 25 | 25 | 25 | 25 |
Rear | 25 | 25 | 25 | 25 | 25 |
Maximum lot coverage** | 25% | 25% | 25% | 30%* | 30%* |
Maximum building height | |||||
Stories | 2 1/2 | 2 1/2 | 2 1/2 | ||
Feet | 35 | 35 | 35 | 40 | 40 |
Accessory buildings | |||||
Minimum yard setback (in feet) | |||||
Front | 50 | 50 | 50 | 25 | 50 |
Side | Equal to accessory building height | Equal to accessory building height | Equal to accessory building height | 25 | 25 |
Rear | Equal to accessory building height | Equal to accessory building height | Equal to accessory building height | 25 | 25 |
* | 60% when parking areas are included. |
** | Including accessory buildings |
C.
Lot width; frontage; setback line.
(1)
Lot frontage. For the purposes of this section, "frontage" shall be the distance from one side of the lot line to the other measured along the street line. Frontage is to be measured continuously along one street line between side lot lines and their intersection with the street line or, in the case of a corner lot, to the midpoint of the corner arc.
(2)
Lot width. The "lot width" is the straight-line distance between the points of intersection of the side lot lines and the frontage line. The lot width cannot be less than the required frontage. The minimum lot width shall be maintained from the frontage line to the front setback line. No lot shall be narrower than 50 feet at any point between the frontage and the rear of the dwelling.
(3)
Front setback line. The front setback line is parallel to the street at a distance equal to the depth of the required front setback.
(4)
The required circle must fit entirely within the lot. No lot shall be narrower than the required frontage between the frontage line and the required circle.
(5)
The front lot line must be located so as to be able to provide primary access to a lot, and the access to a lot shall be from where the frontage is measured.
(6)
Notwithstanding the provisions of Subsection C(5) above, access to a municipal building which is used as a library is not required to be taken from where the frontage is measured.
(7)
Nothing shall prohibit a building from being set back a greater distance from the street, providing that all of the minimum dimensional requirements can be met.
D.
Yard: front, side, rear. An unoccupied space open to the sky on the same lot with a principal building or structure. (Drawing A illustrates the positions and extent of the front, side and rear yards.[1])
[1]
Editor's Note: Drawing A can be found in the Appendix, Examples and Illustrations, which is included as an attachment to this chapter.
E.
"Build factor" is a ratio of lot perimeter to lot area which limits the degree to which a lot may have an irregular shape according to the following formula:
Build Factor | = | (Lot Perimeter)2 | ÷ | Actual Lot Area |
Actual Lot Area | Required Lot Area | |||
The maximum allowed is 20. | ||||
F.
Continuous buildable lot area. The "continuous buildable area" of a lot shall be interpreted as the horizontal area of any lot, created after the adoption of this section, exclusive of any area in a street or recorded way open or way proposed to be open to public use. For any lot created after the adoption of this section, at least 60% of the minimum lot area required for zoning compliance shall be contiguous land other than that located within an area identified as floodplain-wetlands as defined by MGL c. 131, § 40, and/or Chapter 300, Wetlands Protection, of the Town of Norfolk bylaws. The area shall be identified on the plan with a line entitled "100-foot Buffer Zone, Floodplain, Wetland, Vegetative Wetland," as appropriate, as determined and delineated by the applicant's engineer and/or botanist and approved by the Conservation Commission and/or Conservation Agent, using standards as outlined in above-referenced statutes. The proposed structure must be constructed on said designated contiguous land area.
G.
Municipal utilities. Town of Norfolk public utilities may, by special permit, be exempt from the minimum frontage and maximum height requirements of Subsection B; provided, however, that the public good is served by social, economic, or community needs of the proposed use. The side yards, rear yards and setbacks required in the district for the highest permitted principal structure shall be increased by one foot for each foot by which the height of such structure exceeds the height permitted in the district. In addition, it must be found that the proposed granting of the dimensional waiver will not have adverse effects which outweigh its benefits on either the neighborhood or the Town, in view of the particular characteristics of the site and of the proposal in relation to the site. The determination shall indicate consideration of the criteria for the granting of a special permit under § 310-7.6.
§ 310-5.2 Modifications.
[Amended 5-14-2025 ATM by Art. 24]
A.
Exempted lots. A lot or parcel of land in a residential district having an area or width less than that required by this article may be developed for single residential use, provided that such lot or parcel complies with the specific exemptions of MGL c. 40A, § 6.
B.
Corner lots or through lots. A corner or through lot shall maintain minimum front yard setback requirements for each street frontage.
C.
Appurtenant open space. No yard or other open space required for a building by this bylaw shall, during the existence of such building, be occupied by or counted as open space for another building.
D.
Projections. Nothing herein shall prevent the projection of steps, porches (not exceeding 30 square feet in area), eaves, cornices, windowsills or belt courses into any required yard.
E.
Visual corner clearance. In any district, no structure, fence, planting, or off-street parking or similar obstruction shall be permitted to block vision at eye level (2 1/2 feet to seven feet above street grade) between streets within 25 feet or less from the point of intersection of the street lines (or in the case of a rounded corner, the point of intersection of their tangents).
F.
Conversion of single-family dwelling. The Zoning Board of Appeals may authorize the conversion of a single-family dwelling, in existence at the time of the adoption of this bylaw, to accommodate no more than two families, provided that:
(1)
Each resulting dwelling unit shall contain no less than 800 square feet not included in any basement space or area below ground level, and shall have complete lavatory and sanitary facilities; and
(2)
No exterior changes are made which, in the judgment of the Board, do not conform to the single-family character of the neighborhood.
G.
Estate lots.
(1)
The Planning Board may grant a special permit to allow construction of a single-family dwelling on a lot in a residence district lacking the minimum frontage required for the district, subject to the criteria for estate lots as set forth herein.
(a)
The area of the estate lot shall be at least three times the minimum lot size for the district as set forth in § 310-5.1B.
(b)
The estate lot shall have at least 50 feet of frontage set forth in § 310-5.1C(1).
(c)
Front, rear, and side yard setbacks. All buildings shall be located a minimum distance of 50 feet from abutting property lines.
(d)
The estate lot shall comply with the requirements of § 310-5.1C and D, except that § 310-5.1C(2) shall not apply. A lot width of at least 50 feet shall be maintained at all points between the frontage and the rear of the dwelling.
(e)
The continuous buildable lot area as defined in § 310-5.1F (i.e., land that is not located within a designated floodplain or wetland) shall be at least two times the minimum lot size for the district.
(f)
The Planning Board shall not issue a special permit under this section except upon the following findings:
[1]
The applicant has provided for safe access for public safety vehicles and personnel to the dwelling unit to be constructed on the lot, and the intersection of such access driveway and the public way has been placed in the best location available to the applicant; and
[2]
The development of the property as an estate lot will have a less adverse effect on the character of the neighborhood and the protection of open space, significant or important natural resources and to historic structures or places (where such features are present) than other development options available to the applicant.
(g)
All utilities shall be installed underground.
(2)
The applicant shall submit with the special permit application a plan depicting the proposed estate lot. The plan shall be prepared by a registered landscape architect, civil engineer or land surveyor, and shall be in such form as will be required for recording with the Registry of Deeds or filing with the Land Court.
(a)
In determining whether or not to grant a special permit for an estate lot, and in determining what conditions, if any, to impose on such a special permit, the Planning Board may consider circumstances relating to soil conditions, topography, lot history, wetlands, proposed building locations, and public safety and convenience.
(b)
No landowner shall be eligible for more than one estate lot from a single parcel of land, or from adjoining parcels of land in common ownership, based on the ownership status of the land as determined by instruments and plans on file at the Norfolk County Registry of Deeds as of the effective date of this bylaw, as amended (November 4, 2003). No estate lot shall be further subdivided. The Planning Board shall note such limitations, with a description of the land affected by them, in its written decision.
(3)
The November 4, 2003, amendments to this § 310-5.2G shall not apply to any special permit application for an estate lot filed before the first publication of notice of the Planning Board hearing thereon (October 20, 2003). Any such application shall be governed by the provisions of this bylaw in effect as of the date it was filed.
(4)
A special permit for an estate lot shall expire three years from the date of approval and may be renewed by SPGA without a public hearing.
§ 310-5.3 Dimensional special permit.
[Added 11-12-2024 STM by Art. 11]
A.
A reduction in any front, side or rear yard requirement may be allowed by a dimensional special permit in Residence 1, 2 and 3 for an accessory building with due consideration being given to consistency with the existing character and development pattern of the neighborhood. The Zoning Board of Appeals shall be the special permit granting authority.