Otis City Zoning Code
ARTICLE IV
Dimensional Requirements
§ 150-4.1 General provisions.
Any building or structure used for dwelling purposes or housing a principal permitted use shall be so located on a lot as to meet the following requirements:
A.
Residential District.
(1)
The lot area shall not be less than one acre and the frontage not less than 150 feet.
(2)
The minimum front setback for any structure or building shall be 35 feet, and the side and rear setbacks not less than 25 feet from the lot line. Front setback is to be measured from the street right-of-way line where a plan of the way is on file with the Registry of Deeds or, in the absence of such plan, from a line 25 feet from and parallel with the center line of the travelway.
(3)
An accessory building may be constructed in the minimum side or rear setback area but not within 10 feet of a property line.
(4)
No more than one principal building shall be located on a lot.
(5)
No business use in the R-40 District shall have more than 5,000 square feet of gross floor area.
B.
Village District.
(1)
The lot area shall not be less than 20,000 square feet, and the frontage shall not be less than 100 feet for residential uses and 60 feet for nonresidential uses.
(2)
The minimum front setback for any residential structure or building shall be 35 feet, and the side and rear setbacks not less than 25 feet from the lot line. Front setback is to be measured from the street right-of-way line where a plan of the way is on file with the Registry of Deeds or, in the absence of such plan, from a line 25 feet from and parallel with the center line of the travelway.
(3)
The minimum front setback for any nonresidential structure or building shall be 10 feet, and the side and rear setbacks not less than 10 feet from the lot line.
(4)
No more than one principal building shall be located on a lot, except as otherwise authorized herein.
(5)
Minimum lot size may be reduced by a maximum of 50% if the lot is serviced by the Town of Otis Sewer District.
(6)
No business use in the V-1 District shall have more than 10,000 square feet of gross floor area.
(7)
In the event a premises is being used both for residential and nonresidential purposes, the restrictions pertinent to the principal use of the premises shall govern.
C.
Special rules.
(1)
Lot frontage may be reduced to 50 feet by grant of a special permit from the Planning Board where such lot is located on a residential compound definitive subdivision plan.
(2)
Minimum lot area. When the distance between any two points on lot lines is less than 50 feet measured in a straight line, the smaller portion of the lot which is bounded by such straight line and such lot lines shall not be used to compute lot area unless the distance along such lot lines between the two points is less than 150 feet. See Appendix B diagrams.[1]
[1]
Editor's Note: Appendix B, Minimum Lot Details, is included as an attachment to this chapter.
(3)
Minimum lot width. Each lot shall have a width of not less than 80% of the required frontage at all points between the sidelines and the front line of the principal building on the lot. See Appendix B diagrams.
§ 150-4.2 Accessory structures.
A.
General.
(1)
No accessory building or structure shall be located within the required front yard area.
(2)
No accessory building shall be located in any side yard nearer to the side lot line than 10 feet, or in a rear yard nearer to the rear lot line than 10 feet. Lots located on the comer of the street, road or public way will require that no accessory building be located in any side yard nearer to the sideline than 25 feet.
(3)
Prior to the construction of an accessory building or structure, a building permit shall be obtained from the Building Inspector.
(4)
Within the V-1 Village District, site plan approval will also be required from the Planning Board.
B.
Special rules.
(1)
An accessory building attached to its principal building or within 10 feet of it shall be considered an integral part thereof and as such shall be subject to the front, side, and rear yard requirements applicable to the principal building.
(2)
Accessory structures and buildings shall be located on the same lot as the principal structure on the premises.
(3)
Accessory building not more than 20 feet in height above the average grade level around the structure shall be permitted by right. Barns for agricultural use shall not be subject to this requirement.
(4)
Accessory building more than 20 feet but less than 35 feet in height above the average grade level around the structure shall be permitted by special permit of the Planning Board. Barns for agricultural use shall not be subject to this requirement.
(5)
Flagpoles of a height not to exceed 35 feet are permitted and shall be exempt from the setback requirements of this section.
(6)
Swimming pools, game courts, and the like are accessory structures and shall comply with the State Building Code and all applicable setback requirements of this Zoning Bylaw.
C.
Fences. A property owner may erect directly on the boundary lines(s) a solid-type fence (including, but not limited to, stockade, board-and-batten, brick, masonry) in excess of 48 inches (four feet) in height, providing the following requirements are met prior to construction. This regulation does not apply to fences other than solid types or to any type of fence less than 48 inches (four feet) in height (including, but not limited to, split-rail, picket, farm, wire, chain-link, metal mesh, brick, masonry). No building permit is required for any fences less than 48 inches (four feet) in height.
(1)
A building permit is obtained from the Building Inspector;
(2)
A plot plan identifying the boundary line(s) with applicable measurements is submitted with the application. Acceptable are a plot plan drawn to scale or a professionally surveyed plot plan.
(3)
Under no circumstances may a fence of any height be constructed on an abutter's(s') property without written consent of the owner(s).
(4)
Construction of any fence in excess of 72 inches (six feet) in height must be approved by the Board of Appeals by special permit. Maximum height of any type of fence to be allowed is eight feet.
(5)
Repair and replacement of fences in existence prior to the date of this bylaw is allowed, providing the fence is placed in the same location and constructed of the same type material.
(6)
Privacy fences not to exceed eight feet (including but not limited to fences around decks or patios and storage areas) may be allowed, providing minimum setbacks from all boundary lines and roads are the same as set forth herein.
(7)
The Building Inspector shall serve as Fence Viewer to resolve disputes and enforce this bylaw.
(8)
Applicants are advised that certain fences in wetlands or stream buffer areas may require approval from the Conservation Commission.
§ 150-4.3 Retail businesses.
[Amended 5-20-2025 ATM by Art. 23]
Retail business or consumer service establishment, including but not limited to food store, barbershop or beauty shop, antique shop, tavern, restaurant, eating establishment, automotive repair shop, gasoline service station, bank or other office use is subject to the following special requirements:
A.
Parking. The lot shall be sufficient in size so as to provide suitable off-street parking area with adequate disposal of stormwater, capable of accommodating parked vehicles as required by § 150-5.1 of this bylaw.
B.
Setback from residential lot. No commercial building, structure, parking area or driveway providing access to or from a public way for such use shall be located within 50 feet of any side or rear property line if a residential use is located on the immediately adjacent property.
C.
Setback from nonresidential lot. If a nonresidential use is located on the immediately adjacent property, any parking area or driveway providing access to or from a public way for such use shall be located no closer than 10 feet to any side or rear property line.
§ 150-4.4 Multifamily dwellings.
Not more than one multifamily dwelling shall be located or constructed on a lot or set of contiguous lots held in common ownership as of the effective date of this bylaw.