4.1.1 Table of Dimensional Requirements. No building or structure shall be constructed nor shall any existing building or structure be enlarged or altered except in conformance with the Table of Dimensional Requirements as to lot coverage, lot area, land area per dwelling unit, lot width, front, side and rear setbacks, and maximum height of structures, except as may otherwise be provided elsewhere herein. Not more than one (1) dwelling shall be built upon any such lot unless otherwise authorized herein. No existing lot shall be changed in size or shape so as to result in a violation of the requirements set forth in said Table.

TABLE OF B5 DISTRICT DIMENSIONAL REQUIREMENTS

4.1.2 Notes to Table of Dimensional Requirements. In interpreting the Table of Dimensional Requirements, the following provisions shall apply:

1.

The minimum front yard depth required shall be measured from the right-of-way line where a plan of the right-of-way is on file with the registry of deeds, or in the absence of such a plan, from a line thirty-five (35) feet from and parallel with the centerline of the traveled way to the front building line.

2.

The minimum side yard width required shall be measured from the side lot line to the side building line, and the minimum rear yard depth required shall be measured from the rear lot line to the rear building line.

3.

On a corner lot, the minimum front yard depth. rather than the minimum side yard width, shall be applied to determine the setback of any building from lot lines abutting any public way.

4.

The minimum lot width required shall be measured at the rear of the required front yard depth and on a line parallel to the right-of-way line where a plan of the right-of-way is on file with the registry of deeds or, in the absence of such a plan, from a line twenty-five (25) feet from and parallel with the centerline of the traveled way.

5.

Frontage shall mean a lot line coinciding with the sideline of a street which provides both legal rights of vehicular access and physical vehicular access to the lot, said line to be measured continuously along a single street or along two (2) intersecting streets if their angle of intersection is greater than one hundred and twenty (120) degrees. Vehicular access to a building site on the lot shall be exclusively through the frontage of the lot.

6.

The building height shall be measured from the average elevation of the proposed finished grade at the front line of the building to the highest point of the roof for flat roofs, to the deck line for mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs. Fences and walls shall be measured from the Finished grade vertically to the highest point.

7.

The limitations on height of buildings shall not apply in any district to spires, towers, chimneys, broadcasting and television antennae, ventilators, roof-mounted solar energy systems, and other appurtenances or ornamental features usually located above the roof, which features are in no way used for living purposes, nor to farm buildings, churches, municipal buildings or institutional buildings.

8.

Small- and medium-scale ground mounted solar energy systems accessory to principal use may be located no closer than ten (10) feet from the front, side, or rear lot line.

9.

Lot Coverage-Ground mounted solar energy systems shall not count towards building coverage as defined in Section 10.0 definitions.

(Ord. of 5-26-22(2), § 2)

4.1.3 Exemption. The provisions of the Table of Dimensional Requirements with respect to area, lot width, lot coverage, yards and height of buildings shall not apply to:

1.

The islands within the municipal boundaries of Salem.

2.

Wireless communication facilities which meet the requirements of Section 6.6.

(Ord. of 6-28-18, §§ 1—3)

4.2.1 General. In certain instances, Building Commissioner may issue building permits to repair, rebuild, roof over or enclose existing porches, terraces, outside stairs, and similar appurtenances to dwellings, regardless of' the setback requirements as listed in the Table of Dimensional Requirements, provided the following conditions are met:

1.

The appurtenant structure to be enclosed and/or roofed over existed before August 27, 1965.

2.

No portion of the roofed-over or enclosed structure shall be nearer than five (5) feet to any side or rear lot line. There shall be no restriction insofar as front yard setbacks are required, provided, however, the roof or enclosure does not extend beyond the original structure.

3.

The roofing over and/or enclosing of the structure, in the opinion of the Building Commissioner with the cooperation of the Head of the Fire Department or the Head of the Fire Department's designee and the Board of Health, will not be a hazard to the safety or well being of the general neighborhood.

4.

If the appurtenant structure to be enclosed and/or roofed over was constructed after August 27, 1965, it may be so enclosed if, in the opinion of the Building Commissioner with the concurrence of the Head of the Fire Department or the Head of the Fire Department's designee and Board of Health, it will not be a hazard to the safety or well-being of the general neighborhood.

(Ord. of 9-9-21, § 2)