Orleans City Zoning Code
ARTICLE V
Dimensional Regulations
§ 164-5.1 General Requirements.
Subject to the provisions of §§ 164-2.1 and 164-11.3, a dwelling or structure hereafter erected shall be located on a lot having not less than the minimum requirements set forth in the schedule in § 164-5.2. For each dwelling unit or guesthouse on a lot, there shall be required 40,000 square feet of contiguous upland as set forth in § 164-5.4 unless otherwise provided within this chapter. No lot occupied by a dwelling or structure shall be reduced in area to less than the minimum requirements, nor shall any lot be divided so that the distance between an existing dwelling or structure and the new lot line or new ways shall be less than the minimum requirements set forth in the schedule in § 164-5.2. In no case shall the total number of single-family dwellings, accessory apartments and guesthouse(s) on any lot in the Residence District or on any lot in any other zoning district in which single family dwelling(s), accessory apartments(s) or guesthouse are permitted, exceed 2.
§ 164-5.2 Summary of Lot, Yard, and Bulk Requirements.
A.
The following shall be the lot, yard, and bulk requirements:
District | Minimum Lot Size (square feet) | Minimum Frontage (feet) | Minimum Yard Dimensions (feet) | Maximum Building Height (feet) | Maximum Building Coverage | Maximum Lot Coverage | Maximum Floor Area Ratio | Maximum Lot Shape Number | ||
|---|---|---|---|---|---|---|---|---|---|---|
Front | Side | Rear | ||||||||
R | 40,000 | 1501, 2 | 25 | 25 | 25 | 30 | 15%4 | — | — | 22 |
RB | — | 1001, 3 | 25 | 25 | 25 | 30 | 15% | 75% | — | — |
MB | — | 1003 | 25 | 25 | 25 | 30 | 15% | 75% | 40% | — |
LB | — | — | 25 | 10 | 10 | 30 | — | 75% | 40% | — |
GB | — | — | 25 | 10 | 10 | 30 | — | 75% | 40% | — |
VC | — | — | see § 164-3.11A | 10 | 306 | — | — | 100% | — | |
I | 30,000 | 100 | 25 | 105 | 105 | 30 | — | 75% | — | — |
NOTES: | |
|---|---|
1 | See also § 164-5.3G. |
2 | Unless granted a Special Permit by the Zoning Board of Appeals for buildings in existence at the time of the passage of this amendment, i.e., March 1973. |
3 | See also § 164-3.7A(1) and § 164-3.8A(1). |
4 | The building coverage in a Residential District shall not exceed 15% of the buildable upland. However, building coverage in a Residential District shall not exceed 4,000 square feet without the issuance of a Special Permit under the provisions of § 164-11.4. In no event shall the Zoning Board of Appeals be authorized to grant a Special Permit which would result in building coverage which exceeds 15% of the buildable upland. |
5 | See § 164-3.12A(1) for additional setback requirements. |
6 | See § 164-3.11C(3) for alternative building height provisions. |
B.
Building separation. Any building intended for human habitation, except in licensed boys' or girls' camps, shall be separated from any other such building on the same lot by a distance equal to the required side yard unless connected with a solid roofed structure with a permanent floor to create usable space fit for occupancy or access between the two buildings.
C.
In all zoning districts, all construction, with the exception of water-dependent facilities, such as piers, docks, floats, boathouses, structures used in conjunction with fishing and shellfishing and structures used for agricultural purposes, shall be set back a minimum distance equal to 1 1/2 times the building height from any coastal bank, coastal beach, coastal dune, salt marsh, inland pond, lake or inland bank bordering on any pond or lake. "Building height," for the purpose of this section, shall be the vertical distance from the preexisting natural grade at the foundation on the side of a building facing the coastal bank, coastal beach, coastal dune, salt marsh, inland pond, lake or inland bank bordering on any pond or lake, as defined herein, to the highest point of the building(s). Notwithstanding anything contained in this section, no building shall be required to be set back more than 50 feet from any coastal bank, coastal beach, coastal dune, salt marsh, inland pond, lake or inland bank bordering on any pond or lake. The terms "coastal bank," "coastal beach," "coastal dune," "salt marsh," "inland bank," "pond" or "lake," as used in this section, shall be defined as in the Massachusetts Wetlands Protection Act, MGL c. 131, § 40, and the regulations issued thereunder, 310 CMR 10.00.
§ 164-5.3 Modifications.
A.
Corner lots. A corner lot shall maintain front yard requirements for each street frontage, and at least one of the remaining yards shall be a rear yard.
B.
Appurtenant open space. No yard or other open space required for a building by this chapter shall, during the existence of such building, be occupied by or counted as open space for another building.
C.
Projections. The projection of steps eaves, chimneys, cornices, bay windows, and other building elements into any required yard shall be allowed. In no event shall the projection of steps and stoops exceed 30 square feet in area nor shall it be covered by a structure.
D.
Visual corner clearance. In any district, no structure, fence, planting or off-street parking [except a transparent fence in which the solid area is not more than 5% of the total area] shall be maintained between horizontal parallel planes 2 1/2 feet and 8 feet above street level within the triangular area prescribed by 2 street lines and a straight line connecting points on such lines 15 feet distant from the point of intersection.
E.
Location of accessory buildings. No accessory building shall be located within a required front yard, nor in a Residence, Rural Business or Marine Business District shall any accessory building be located closer to any principal building or any lot line than a distance equal to the height of such accessory building. No fence or other structure enclosing animals, except house pets, shall be within 50 feet of any lot line. Generators, heating/ventilation/air conditioning units, pool pumps and filtration systems and the like shall be no closer to any lot line than 10 feet.
F.
Location of recreational facilities. Ground-level tennis courts, other paved game surfaces and unenclosed ground-level swimming pools shall be no closer to any lot line than 10 feet. Elevated court games and elevated or enclosed swimming pools shall be considered accessory buildings.
G.
Lots may be created having a frontage of 50 feet of arc frontage on a dead-end turnaround, provided that the lot in every other respect meets the requirements of § 164-5.2 and is at least 120 feet wide at the building line. The "building line," for the purposes of this subsection, shall be defined as follows: a line which measures at least 120 feet between the side lot lines measured perpendicular to mid-lot road frontage radial.
H.
Panhandle lots. The Planning Board may waive the lot frontage requirements for up to 2 lots on a subdivision plan of land located in the Residence District R. Each lot shall be served by a separate access area, although the Planning Board may require the use of common driveways. These access areas must be approved by the Planning Board and clearly shown on the plan. The access area shall not be used in determining minimum lot area. Each such lot must meet the following requirements:
(1)
The lot shall be capable of containing a circle with diameter equal to the frontage normally required in that district.
(2)
Panhandle frontage shall be at least thirty feet.
(3)
The width of the lot, at any point between the street line and the proposed building setback line, shall be no less than 20 feet.
§ 164-5.4 Minimum Lot Size Conditions.
The minimum required area of a lot, when used for building purposes, shall not be less than the minimum required by this chapter for the district in which it is located. Said lot shall not be interpreted to include any area below mean water level on freshwater and below mean high water on tidal water or within the limits of any defined way, nor shall less than 40,000 square feet consist of contiguous upland (see § 164-2.1), exclusive of marsh, bog, swamp and wetland, except as provided for in § 164-6.2.