Norton City Zoning Code
ARTICLE VI
Dimensional Regulations
§ 175-6.1 General requirements.
A.
For every principal permitted dwelling erected or moved hereafter, requirements of Table 6.2 shall be met and the principal dwelling and accessory building shall be located on the lot so as to conform to the requirements of said Table 6.2. Unless otherwise specifically provided herein, within residential districts only one principal permitted building shall be located on a single lot. No lot shall be changed in size or shape so as to result in a violation of the requirements of Table 6.2, except through taking or acquisition for public purpose.
B.
Multiple commercial and industrial buildings may be allowed on a lot in Village Commercial, Commercial and Industrial Zoning Districts and multiple buildings may be allowed for housing for the elderly in Commercial Zoning Districts as long as the total percentage of the lot covered by buildings does not exceed 33% as specified in § 175-6.2 of the Zoning Bylaw. All setbacks shall be observed. The minimum distance between buildings shall be 15 feet.
[Amended 10-17-2020 STM by Art. 4]
C.
All residential uses that are permitted either by right or by special permit in a Commercial Zone must meet all of the dimensional requirements of the nearest residential zone as it appears on the Zoning Map. In cases where more than one residential zone applies, the more stringent regulations shall be adhered to.
D.
Multiple buildings may be allowed on a lot in the Village Center Core District as long as the total percentage of the lot covered by buildings does not exceed what is specified in § 175-6.2 of the Zoning Bylaw. All required setbacks shall be observed. All residential uses that are permitted either by right or by special permit in the Village Center Core District shall comply with the dimensional requirements in the Village Center Core District.
[Added 10-17-2020 STM by Art. 4[1]]
[1]
Editor's Note: This ordinance also provided for the redesignation of former Subsection D as Subsection E.
E.
Calculation of lot shape factor.
(1)
Single-family and/or duplex residential structure. To meet the minimum area requirements for construction of a single-family or duplex residential structure, a lot must contain a closed plot of land having an area of not less than 1/2 the minimum lot area required for such structure in the zoning district where it is located; such closed plot of land shall contain no brook, creek, stream, river, pond, lake or reservoir or portion thereof, nor any freshwater wetland as defined by MGL c. 131, § 40, as amended; and such closed plot of land shall have a shape factor not exceeding the numerical value of 22;
(2)
Multifamily residential structure. To meet the minimum lot area requirement for construction of a multifamily residential structure, a lot must contain a closed plot of land having an area of not less than 1/2 the minimum lot area required for such structure in the zoning district where it is located; such closed plot of land shall contain no brook, creek, stream, river, pond, lake or reservoir or portion thereof, nor any freshwater wetland as defined by MGL c. 131, § 40, as amended; and such closed plot of land shall have a shape factor not exceeding the numerical value of 22;
(3)
Nonresidential structure. To meet the minimum lot area requirement for construction of a nonresidential structure(s), a lot must contain a closed plot of land having an area not less than 1/2 the minimum lot area required in the zoning district where it is located; such closed plot of land shall contain no brook, creek, stream, river, pond, lake or reservoir or portion thereof, nor any freshwater wetland as defined by MGL c. 131, § 40, as amended; and such closed plot of land shall have a shape factor not exceeding the numerical value of 22;
Illustration of Lot Shape Factor Calculation | ||
The diagram below illustrates the calculation of the lot shape factor. For the purpose of illustration, assume this lot is located within the Residential-60 Zoning District, which requires 60,000 square feet of dry, contiguous land for a building lot. | ||
In this example, assume the total lot area is 87,000 square feet (250 x 350 feet). Also, assume that a wetland area of 14,375 +/- square feet runs across the lot and separates a smaller dry area of 7,500 +/- square feet from the majority of dry land. Thus, 65,625 square feet of dry, contiguous land remains and, therefore, the lot meets the requirement that it have a minimum of 60,000 square feet of dry, contiguous land. However, the lot also must meet the requirement of the lot shape factor (LSF). The LSF requires that the lot contain a closed plot of land having at least 1/2 the area required by the R-60 Zoning District (in this case 30,000 square feet), and such closed plot of land must also have a lot shape factor of 22 or less. The 30,000 square foot area is used to comply with the LSF requirement. In the illustration, the perimeter of the LSF area is 700 feet. Thus, to calculate the LSF, square the perimeter and divide by the area: | ||
1. | 700 x 700 = 490,000. | |
2. | 490,000 divided by 30,000 = 16.3. | |
3. | The lot shape factor is 16.3. | |
As long as the lot shape factor is 22 or less, the lot is suitable for building. | ||
 | ||
§ 175-6.2 Table of Dimensional Requirements.
[Amended 10-17-2020 STM by Art. 4; 6-7-2022 ATM by Art. 12]
Table 6.2 Dimensional Requirements |
|---|
Residential Eighty (R-80) |
Residential Sixty (R-60) |
Residential Forty (R-40) |
Village Commercial (VC) |
Village Center Core (VCC) |
Commercial (C) |
Industrial (I) |
Use | Zoning District Dimension Requirements in Feet/Square Feet* | |||||||
|---|---|---|---|---|---|---|---|---|
R-80 | R-60 | R-40 | VC | VCC | C | I | ||
Single-family dwelling (including accessory apartment if allowed) | 80,000 | 60,000 | 40,000 | 18,000 | NA | 18,000 | 45,000 | |
2 units per building | 80,000 | 80,000 | 80,000 | 26,000 | 5,000 | |||
3 or more units per building | 110,000 | 34,000 | 5,000 | |||||
Minimum continuous frontage in feet (see § 175-6.10) | 150 | 150 | 150 | 120 | 75 | 120 | 150 | |
Minimum front yard for principal building (in feet) | 50 | 40 | 40 | 10 | 101 | 50 | 40 | |
Maximum front yard | 40 | |||||||
Minimum side yard for principal building (in feet) | 35 | 25 | 25 | 10 | 101 | 15 | 30 | |
Minimum side yard for accessory building (in feet) | 10 | 10 | 10 | 10 | 101 | 10 | 10 | |
Minimum rear yard for principal building (in feet) | 25 | 15 | 15 | 20 | 20 | 20 | 40 | |
Minimum rear yard for accessory building (in feet) | 10 | 10 | 10 | 20 | 20 | 10 | 10 | |
Maximum percentage of lot covered by building | 12% | 16% | 20% | 50% | 75%2 | 33% | 33% | |
Maximum height of building (in feet) | 35 | 35 | 35 | 45 | 60 | 45 | 50 | |
Maximum height (in stories) | 3 | 3 | 3 | 3 | 4 | 3 | 3 | |
Maximum height of chimneys, domes, spires, towers, radio or television antennas in any zone (in feet) | 65 | 65 | 65 | 65 | 70 | 65 | 65 | |
Maximum height in feet for wireless communication facilities is 125 feet. * Wetlands and water bodies are not computed in lot area (see § 175-6.4). For setbacks applicable to large-scale, ground-mounted solar photovoltaic power generation installations, see Article XXII, § 175-22.3. 1Distance could be decreased pursuant to a special permit granted by the Planning Board. 2Percentage could be increased pursuant to a special permit granted by the Planning Board. | ||||||||
§ 175-6.3 Small lots; contiguous lots; nonconforming lots.
A.
A vacant lot having at least 50 feet frontage and 5,000 square feet area, lawfully laid out by a recorded plan or deed prior to the adoption of the Zoning Bylaw in 1974 and not adjoining at the time of said adoption any other vacant lot or lots and/or any other non-vacant lot or lots of the same owner, may be built upon so as to conform to a minimum side yard of 13 feet and a minimum front setback of 25 feet from the road. The rear setback shall at all times be a minimum of 13 feet from the rear property line.
B.
If the lot or lots in Subsection A at the time of the adoption of the Zoning Bylaw in 1974 adjoin other vacant lot or lots or non-vacant lot or lots of the same owner, they may be built upon within five years from the date of the recording of the deed or plan establishing such lot or lots or from the date of the endorsement of the plan as not requiring subdivision approval, whichever is earlier.
C.
Any nonconforming adjoining lots held in single ownership established by recorded plan or deed prior to the adoption of the Zoning Bylaw in 1974 shall be combined for building purposes in order to provide a lot as close to the zoning minimum requirements as possible.
§ 175-6.4 Wetlands and waterways.
In computing the area of a lot, no portion of a way or street, as defined by the bylaw, nor any brook, creek, stream, river, pond, lake or reservoir or portion thereof, nor any freshwater wetland as defined by the Massachusetts Wetlands Protection Act may be included. The lot must contain the minimum lot area for the district in which the land is located in a single contiguous site, not separated by any portion of a way, water body or wetland. Where a lot is bounded by a way or by a water body or by a freshwater wetland, the required setbacks shall be measured from the mean water line or the vegetative transition line or from the side line of the right-of-way or layout of the way; and where no right-of-way or layout is ascertainable, the way shall be deemed to have a width of 50 feet centered on the middle of the traveled or paved portion.
§ 175-6.5 Commercial District buffers.
In Commercial Districts adjacent to the boundary of a Residential Eighty (R-80), Residential Sixty (R-60), or Residential Forty (R-40) District, there shall be provided, other than along a street, a buffer strip not less than 50 feet wide. Such buffer strip shall be landscaped and planted with grass, shrubs, trees or other plants which may provide a visual screen, and may contain fences, ornamental and acoustic walls, driveways, and walks, but no part of any building, structure, or paved space intended or used as a parking area shall be located within such buffer strip. Where commercial properties adjoin residential properties, regardless of zoning district, a buffer of 20 feet shall be reserved and screening adequate for the situation and characteristics of the use shall be provided in the form of thick planting, walls or earthen berms, to be at least four feet high or higher if prescribed.
§ 175-6.6 Industrial District buffers.
In Industrial Districts adjacent to the boundary of a Residential Eighty (R-80), Residential Sixty (R-60), or Residential Forty (R-40) District, other than along a street, there shall be provided a buffer strip not less than 100 feet wide. Such buffer strip shall be landscaped and planted with grass, shrubs, trees or other plants which may provide a visual screen, and may contain fences, ornamental and acoustic walls, driveways and walks, but no part of any building, structure, or paved space intended or used as a parking area shall be located within such buffer strip. Where industrial properties adjoin residential properties, regardless of zoning district, a buffer of 20 feet shall be reserved and screening adequate for the situation and characteristics of the use shall be provided in the form of thick planting walls or earthen berms, to be at least four feet high or higher if prescribed.
§ 175-6.7 Lot area modifications.
The minimum lot area requirements specified in Table 6.2 shall be modified as follows:
A.
Within the Water Resource Protection District, the minimum lot requirements shall be modified as follows: Within Zone II, the minimum lot area for residential and nonresidential uses shall be 80,000 square feet per unit; within Zone III, the minimum lot area for residential and nonresidential use shall be 60,000 square feet per unit, except that in the Village Commercial Zoning District and Village Center Core District, the minimum lot area for residential and commercial uses shall be as per the dimensional requirements of the Village Commercial District and the Village Center Core District.
[Amended 10-17-2020 STM by Art. 4]
B.
No existing lot used for multifamily dwellings shall be changed in size so as to result in a violation of the requirements of this section.
C.
Lots may be reduced through the residential cluster development special permit process (§ 175-6.8), provided that the provisions of § 175-6.8C(2), as amended in Article 23, Norton Town Meeting of May 2, 1988, are met.
§ 175-6.8 Residential cluster developments.
A.
Single-family, duplex, and multifamily cluster development may be allowed by a special permit in zoning districts specified in Table 4.2.
B.
In order to encourage better site planning in the placement of buildings and improvements, the Planning Board may allow more than one building to be located on a single lot.
C.
Dimensional requirements.
(1)
The site proposed for cluster development shall be not less than 10 acres for single-family, 15 acres for duplex and 20 acres for multifamily in area and shall be under a single owner or a group of owners acting jointly.
(2)
No site shall be developed in a manner which would result in a greater number of dwelling units being constructed in a cluster development than would be permitted in a conventional single-family development on the same site.
(3)
In a cluster development made up of individual lots, each lot may be reduced in size up to 50% from the minimum size allowed in the zoning district in which the site is located. Where on-site sewage disposal is required, a minimum lot area of 40,000 square feet shall be required.
(4)
In townhouse or rowhouse development without individual lots, the area allocated to buildings, streets, parking and storage areas shall not exceed 50% of the building site area if the maximum number of allowable units is proposed. The area allocated to buildings, streets, parking and storage areas may be reduced from 50% of total building site area in a ratio equivalent to the proportion of units proposed to the maximum number of units possible.
(5)
Within cluster developments which have individual lots, the Planning Board shall establish reasonable setbacks for buildings and accessory units.
(6)
For the purposes of conventional development plans showing multifamily or duplex lots, the required frontage shall be 200 feet.
(7)
Within townhouse or rowhouse developments without individual lots, the minimum distance between buildings shall be 50 feet. The minimum setbacks of all buildings from the street shall be 30 feet.
(8)
All lots fronting on an existing Town way shall maintain the frontage required in conventional zones.
(9)
Not more than 100 linear feet of any right-of-way strip associated with a drive may be used in computing the minimum square footage of any lot.
D.
Open space areas.
(1)
In any cluster development, at least 35% of the buildable area used in calculating the permitted density shall be set aside as open space. This area shall not include wetlands, ponds, marshes or other protected natural area, although this shall not prevent these areas from being added to the 35% minimum open space.
(2)
All open space areas shall have dry access to the street suitable for use by maintenance and emergency vehicles.
(3)
Parking areas, streets or other areas associated with the residential development shall not be included in the open space area.
(4)
Ownership of the open space area shall be as described in MGL Chapter 40A, with the Planning Board having final approval of the ownership method. In the event that the open space area is conveyed to a homeowners' association, the association must grant an easement and/or restriction and such easements and/or restrictions to the Town allowing the Town to control all building rights in the area. Such restrictions shall be for the benefit of and enforceable by the Town.
(5)
The applicant shall submit a plan for maintenance of the open space area. The plan must be approved by the Planning Board.
(6)
The applicant shall give evidence that a functional relationship exists between the open land and the proposed clusters. Such land shall be of such size, shape, dimension, character and location as to assure its utility for park, conservation or recreation purposes.
(7)
Open space shall be restricted to recreational uses such as parks, playgrounds and conservation areas and shall not be built upon except as approved by the Planning Board. Only structures incidental to recreation, conservation or parks shall be allowed, subject to approval by the Planning Board.
E.
Townhouse or rowhouse structures. Not more than four attached townhouse units shall be built in a row with the same, or approximately the same, front building line. No row of attached units shall contain more than six units.
F.
Multifamily dwellings. Except as modified by this section, all multifamily dwellings in a cluster development shall conform to the standards and restrictions set forth in the Zoning Bylaw.
G.
Off-street parking. Facilities for off-street parking shall be provided in conformance with Article VII of the Zoning Bylaw.
H.
Signs. Signs erected, installed or displayed in a cluster development shall be in conformance with Article VIII of the Zoning Bylaw.
I.
Administration and enforcement.
(1)
Cluster development is allowed in certain zoning districts by special permit only. Guidelines for submission and approval of special permit applications shall be followed by the Planning Board in reviewing cluster development proposals.
(2)
In addition to the information required on all special permit applications, cluster development proposals shall contain documentation relevant to the specific requirements of this section. Additional information which the Planning Board may require for the consideration of the above cluster regulations shall be provided at the applicant's expense.
§ 175-6.9 Gerrymandered lots.
No pork chop, excessively funnel-shaped or other unusually gerrymandered lots shall be allowed if the shape is caused solely by an attempt to meet the lot size requirements of these bylaws by evading the bylaw's intent to regulate building site density.
§ 175-6.10 Minimum street frontage exceptions for large lots in R-80, R-60, and R-40 Districts.
A lot need not have the specified amount of street frontage, provided all of the following apply:
A.
The buildable area of the lot exceeds by five times the minimum lot area required for that district; and
B.
The lot has a continuous street frontage of not less than 50 feet at any point between the street and the site of the dwelling; and