Palmer City Zoning Code
ARTICLE VI
Dimensional and Density Regulations
§ 171-31 Applicability of regulations.
The regulations for each district pertaining to minimum lot area, minimum lot width, minimum lot depth, minimum front yard depth, minimum side yard width, minimum rear yard depth, maximum height of buildings, and maximum building area are as specified in this article and as set forth in the Table of Dimensional and Density Regulations, and subject to the further provisions of this chapter.
§ 171-32 Table of Dimensional and Density Regulations.
[Amended 5-14-2001 ATM by Art. 29; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
NOTE: The following Table of Dimensional and Density Regulations shall apply to all development within the Town of Palmer, except as these standards may be varied elsewhere in this chapter.
Use | District | ||
|---|---|---|---|
RESIDENTIAL USES | RR | SR | TR |
Single-Family Home with Public Water and Sewer | |||
Minimum lot area (square feet) | 60,000 | 30,000 | 20,000 |
Minimum lot frontage and minimum lot width (feet) | 150 | 150 | 100 |
Minimum lot depth (feet) | 200 | 200 | 200 |
Minimum front yard (feet) | 50 | 50 | 30 |
Minimum side yard (feet) | 30 | 30 | 15 |
Minimum rear yard (feet) | 30 | 30 | 15 |
Maximum building coverage | 50% | 50% | 50% |
Maximum building height (feet) | 35 | 35 | 35 |
Single-Family Home without Public Water and Sewer | |||
Minimum lot area (square feet) | 60,000 | 30,000 | 30,000 |
Minimum lot frontage and minimum lot width (feet) | 150 | 150 | 150 |
Minimum lot depth (feet) | 200 | 200 | 200 |
Minimum front yard (feet) | 50 | 50 | 30 |
Minimum side yard (feet) | 30 | 30 | 15 |
Minimum rear yard (feet) | 30 | 30 | 15 |
Maximum building coverage | 50% | 50% | 50% |
Maximum building height (feet) | 35 | 35 | 35 |
Two-Family Home | |||
Minimum lot area (square feet) | Not permitted | Not permitted | 30,000 |
Minimum lot frontage and minimum lot width (feet) | NA | NA | 150 |
Minimum lot depth (feet) | NA | NA | 200 |
Minimum front yard (feet) | NA | NA | 50 |
Minimum side yard (feet) | NA | NA | 30 |
Minimum rear yard (feet) | NA | NA | 30 |
Maximum building coverage | NA | NA | 50% |
Maximum building height (feet) | NA | NA | 35 |
Three- or Four-Family Home | |||
Minimum lot area (square feet) | Not Permitted | Not Permitted | 60,000 |
Minimum lot frontage and minimum lot width (feet) | NA | NA | 200 |
Minimum lot depth (feet) | NA | NA | 300 |
Minimum front yard (feet) | NA | NA | 75 |
Minimum side yard (feet) | NA | NA | 50 |
Minimum rear yard (feet) | NA | NA | 75 |
Maximum building coverage | NA | NA | 50% |
Maximum building height (feet) | NA | NA | 35 |
Townhouse or Multifamily Units (*Allowed in the RR District only for elderly housing) | |||
Minimum lot area (square feet) | 20,000 per unit or family | 20,000 per unit or family | 20,000 per unit or family |
Minimum lot frontage and minimum lot width (feet) | 400 | 400 | 400 |
Minimum lot depth (feet) | 500 | 500 | 500 |
Minimum front yard (feet) | 50 | 50 | 50 |
Minimum side yard (feet) | 75 | 75 | 75 |
Minimum rear yard (feet) | 75 | 75 | 75 |
Maximum building coverage | 50% | 50% | 50% |
Maximum building height (feet) | NA | 35 | 35 |
Residential Accessory Building | |||
Attached: | |||
Minimum front yard (feet) | 50 | 50 | 30 |
Minimum side yard (feet) | 30 | 30 | 15 |
Minimum rear yard (feet) | 30 | 30 | 15 |
Detached: | |||
Minimum front yard (feet) | 50 | 50 | 30 |
Minimum side yard (feet) | 10 | 10 | 10 |
Minimum rear yard (feet) | 10 | 10 | 10 |
Swimming Pools | |||
Minimum front yard (feet) | 50 | 50 | 30 |
Minimum side yard (feet) | 15 | 15 | 15 |
Minimum rear yard (feet) | 15 | 15 | 15 |
Use | District | ||
|---|---|---|---|
INDUSTRIAL DISTRICTS | URIP | IA | IB |
Main building and accessory structures | |||
Minimum lot area (square feet) | None | 43,560 | 43,560 |
Minimum lot frontage and minimum lot width (feet) | None | 200 | None |
Minimum lot depth (feet) | None | 200 | None |
Minimum front yard (feet) | 50 | 50 | 50 |
Minimum side yard (feet) *None if abutting railroad tracks | 50* | 50* | 50* |
Minimum rear yard (feet) | 50* | 50* | 50* |
Maximum building coverage | 40% | 50% | 50% |
Maximum building height (feet) | 40' | 50' | 50' |
Notes: * None if abutting railroad tracks. |
Use | District | ||
|---|---|---|---|
BUSINESS DISTRICTS | HB | GB | NB1 |
Main building and accessory structures | |||
Minimum lot area (square feet) | 40,000 | 40,000 | 40,000 |
Minimum lot frontage and minimum lot width (feet) | 200 | 200 | 200 |
Minimum lot depth (feet) | 200 | 200 | 200 |
Minimum front yard (feet) | 50 | 50 | 50 |
Minimum side yard (feet) | 30 | 30 | 30 |
Minimum rear yard (feet) | 30 | 30 | 30 |
Maximum building coverage | 50% | 50% | 50% |
Maximum building height (feet)2 | 50 | 50 | 50 |
Village Center Districts | |||
NOTES: 1 Any lot in the NB Zone that is being utilized for residential use shall conform to the lot size requirements and setback requirements as specified for the zoning district of the surrounding residential neighborhood. 2 Large-scale conference center: maximum building height of 150 feet. |
Use | District | ||
|---|---|---|---|
See Village Center Zoning Sheets for requirements for the VC Districts. | |||
§ 171-33 Screening and buffers.
For screening and buffer requirements please see Article XVI for detailed descriptions of the requirements for each.
§ 171-34 Floodway.
No encroachments (including fill), new construction, substantial improvements, or any other development shall be permitted within the regulatory floodway, as designated on the FEMA map(s), unless certification by a registered professional engineer or architect is provided, demonstrating to the satisfaction of the appropriate Town authority that encroachments shall not result in any increase in flood levels during the occurrence of the one-hundred-year flood.
§ 171-35 Accessory structures.
A.
In residential and business districts, accessory structures shall conform to the provisions set forth in the Table of Dimensional and Density Regulations, § 171-32. They must be located on the lot so as not to violate the minimum front yard, height restrictions.
[Amended 5-14-2001 ATM by Art. 29]
B.
Any accessory in-ground swimming pool shall comply with the requirements of the Massachusetts State Building Code, as amended.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
In all districts, an accessory structure attached to the principal building shall be considered as an integral part thereof and shall be subject to front, side, and rear yard requirements applicable to the principal building. Where the Building Inspector finds 1) that a lot is to be used for residential purpose; 2) that such lot was created before the date of adoption of this chapter; 3) that such lot contains a principal structure; and 4) that such lot more closely conforms to the lot dimensions of the next less restrictive zone than the one in which it is located, the required setbacks of that zone may be applied in lieu of the setbacks required under Article VI, Dimensional and Density Regulations.
§ 171-36 Other general dimensional and density provisions.
[Amended 5-14-2001 ATM by Art. 29; 6-24-2002 STM by Art. 2; 6-16-2003 ATM by Art. 11]
In addition to the regulations in the section above, the following regulations shall apply:
A.
Existing residential uses in business or industrial districts shall be subject to the regulations for the particular type of dwelling in the TR District.
B.
Preexisting nonconforming residential uses which are now prohibited in the zoning district in which they are located shall conform to the provisions of § 171-68, Preexisting nonconforming uses, structures and lots.
C.
In the case of one-family, two-family, and three-family dwellings, no more than one principal building may be built on any single lot. In all other cases (such as with townhouses), more than one principal structure may occupy the same lot, provided that if they aggregate they do not represent a more intensive use of land than would be allowed if all uses were contained within a single structure.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D.
Projections into required yards or other required open spaces are permitted, subject to the following:
(1)
Balconies or bay windows may project up to two feet into a required yard or other open space, provided it is limited in total length to no more than 1/2 the length of the building face.
(2)
Open terraces or steps or stoops under four feet in height may project into a required yard or open space up to 1/2 the required setback.
(3)
Steps or stoops over four feet in height, windowsills, chimneys, roof eaves, fire escapes, fire towers, awnings, storm enclosures, or similar architectural features may project not more than three feet into a required yard open space.
(4)
Generators, air-conditioner units and like equipment may be located within the setback, provided that such equipment is adequately shielded to comply with noise and other regulations as specified in this chapter or other regulations and state statutes.
E.
The provisions of this chapter governing the height of buildings shall not apply to chimneys, cooling towers, elevator bulkheads, skylights, ventilators, electronic equipment, elevator shafts, and other necessary appurtenances usually carried above the roof, nor to domes, towers, stacks, or spires, if not used for human occupancy and if not occupying more than 20% of the ground floor area of the building; nor to ornamental towers, observation towers, radio broadcasting towers, telecommunication towers, television and radio antennas and other like structures which do not occupy more than 10% of the lot area; nor to public, agricultural or institutional buildings, or buildings or private schools not conducted for profit that are primarily used for school purposes, provided the expected appurtenances are not located within the flight paths of an airport or heliport as defined by FAA regulations, and approved by the FAA, and further provided that no tower or similar structure may be located closer to a property line than a distance equal to its height.
F.
The maximum gross floor area for any single business establishment in a NB District shall not exceed 3,000 square feet.
G.
At no street intersection in any district shall any obstruction to vision exceeding three feet in height above the plane established by the intersecting streets be placed or permitted to grow on any lot within the triangle formed by the lot lines abutting the intersection and a line connecting points on these lot lines at a distance of 25 feet from the point of intersection of the lot lines. This restriction shall also apply to the intersection of a street and a driveway in a B or I District.
H.
A fence, hedge, wall, or other structure or vegetation may be maintained on any lot, provided that in the front yard area, no such structure or vegetation shall be over three feet in height above the adjacent ground within five feet of the front lot line unless it can be shown that such vegetation will not restrict visibility in such a way as to hinder the safe entry of a vehicle from any driveway to the street.
I.
Within the SR, TR, NB, and GB Districts, the Planning Board may allow, by special permit, a different front yard setback than that otherwise currently allowed within the district under the following conditions:
[Added by Ord. No. 2008-01, effective 12-11-2007]
(1)
The land for which the special permit is sought is, at the time of application, an unimproved, vacant lot and the applicant is seeking to construct a primary building for a use allowed in the district by right or special permit;
(2)
At least one lot, within 250 feet of either side of the applicant's parcel, and having frontage on the same street, on the same block and lying within the same district, has a structure built before the current front yard setback was required but with less front yard setback than that currently required;
(3)
The proposed setback is not closer to the front line than the setback of a building within 250 feet of either side of the applicant's parcel.
§ 171-37 Regulations for lots located in more than one zoning district.
Where a lot is located in more than one zoning district, the following dimensional and density regulations shall apply:
A.
Frontage. The frontage requirement for the district in which a majority of the frontage is located shall apply. In cases where the frontage is of equal length in all districts, then the most restrictive shall apply.
B.
Lot area. The lot area requirement for the district in which a majority of the lot area is located shall apply. In cases where the lot area is of equal area in all districts, then the most restrictive shall apply.
C.
All other dimensional and density regulations. Those dimensional and density regulations required in a particular district shall apply to that portion of the lot, or structure, located in said district.
§ 171-38 Vehicular egress/access to lot; common driveways.
Vehicular egress/access to a lot must be across the front lot line of the lot meeting the minimum frontage requirements, except that in particular instances, the Planning Board may issue a special permit permitting vehicular egress/access to a lot over a front lot line having less than the required minimum frontage, or over any side lot line or rear lot line.
A.
Common driveways may be allowed by special permit in accordance with the provisions of § 171-26 and subject to the following:
(1)
A common driveway in any R District shall serve no more than two lots. The driveway shall lie entirely within the lots being served. In the I Districts, or in the GB or HB District, the Planning Board may grant a special permit to allow a common driveway to serve more than two lots when it can be shown that the sharing of a driveway will result in a benefit to the neighborhood due to decreased curb cuts and traffic flow.
[Amended 5-14-2001 ATM by Art. 29]
(2)
Frontage along a common driveway shall not constitute frontage. The only area to be counted as frontage is that land which meets the requirements as specified in the definition of frontage in this chapter (see § 171-5); furthermore, no common driveway shall be accepted as a public way; nor shall the Town of Palmer under any circumstances be held liable for construction, reconstruction, maintenance, or snow removal on any common driveway.
(3)
Under no circumstances shall the Town of Palmer be held liable in the event that emergency vehicles cannot get to their destination because of improper construction or maintenance of a common driveway. It shall be the owner's responsibility to be sure that the driveway is passable for emergency vehicles at all times.
(4)
Each landowner served by the common driveway shall be jointly and severally responsible and liable for the repair and maintenance of all portions of the common driveway to which more than one landowner holds a right-of-way.
B.
Driveway standards.
(1)
Alignment and dimensions.
(a)
The width of the right-of-way shall be 40 feet.
(b)
The minimum width of a common driveway surface shall be 18 feet.
(c)
The common driveway shall have three-foot gravel shoulders on each side.
(d)
The slope or grade of a common drive shall in no place exceed 8% if unpaved or 12% if paved.
(e)
The common drive shall intersect a public way at an angle of not less than 80°.
(f)
The minimum curvature of a common driveway shall be sufficient for a fire engine to negotiate, generally, no less than a radius of 50 feet.
(g)
There shall be a turnaround area at the resident end of the driveway. Such turnaround shall accommodate safe and convenient turning by fire trucks and other emergency vehicles.
(h)
The maximum length of a common driveway shall be 1,500 feet.
(i)
Other standards may be set based on site configurations, including requirements for drainage.
(j)
These standards may be waived when the Planning Board finds that such action is not inconsistent with the purpose and intent of this chapter.
(2)
Construction.
(a)
The common driveway shall be constructed of a minimum fifteen-inch gravel base with an oil and stone top layer of 1/2 inch consisting of three successive layers of 3/4-inch crushed traprock stone, 1/2-inch crushed traprock stone and 1/4-inch crushed traprock stone, with a crown sufficient for drainage.
(b)
Drainage shall be adequate to dispose of surface runoff. Culverts shall be installed if deemed necessary by the Planning Board.
(c)
These standards may be waived when the Planning Board finds that such action is not inconsistent with the purpose and intent of this chapter.
(3)
Alignment and dimensions.
(a)
The common driveway, at its intersection with the street, must provide a leveling-off area with a slope no greater than 1% for the first 20 feet and a slope no greater than 5% for the next 30 feet.
(b)
Minimum safe sight distance must be provided at the intersection of a common driveway with a street.
(c)
These standards may be waived when the Planning Board finds that such action is not inconsistent with the purpose and intent of this chapter.
(4)
Street numbers and identification. Each common driveway shall be assigned one street number; each residence served by the common driveway shall be assigned a letter to use together with the common driveway number for purposes of address and identification. All common driveways shall be clearly marked at the intersection of the driveway and the frontage road by a sign stating the driveway number and house letters, sufficiently readable from the road to serve the purpose of emergency identification. All other house numbering standards of the Town of Palmer shall be adhered to.[1]