Wenham City Zoning Code
ARTICLE 5
Dimensional Requirements
§ 255-5.1 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 following 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.
Table of Dimensional Requirements | ||
|---|---|---|
Residential District | Business District | |
Lot area | 40,000 square feet | Dwelling: 40,000 square feet Nonresidential unit: 40,000 square feet |
Frontage | 170 feet | Dwelling: 170 feet Nonresidential unit: 170 feet |
Lot width | 100 feet | Dwelling: 100 feet Nonresidential unit: 100 feet |
Front yard | 20 feet | All structures: 20 feet With approval of the Zoning Board of Appeals, setback may be established to match the actual setback or the average setback of buildings on adjacent lots. |
Rear yard | 15 feet | Dwelling: 15 feet Nonresidential unit: 20 feet |
Side yard | 15 feet | Dwelling: 15 feet Nonresidential unit: 20 feet |
Maximum height: structure | 35 feet | 35 feet |
Maximum lot coverage (percent) | 50% | 70% |
§ 255-5.2 Special requirements.
A.
Paper streets. No house shall be built on any lot, nor permit therefor issued, until the street or streets upon which the frontage is measured are constructed in accordance with plans and specifications approved by the Planning Board or security acceptable to the Planning Board is furnished to assure completion of such construction. No house shall be occupied until such street or streets are constructed in accordance with such plans and specifications. Nothing herein shall prevent a house from being occupied before the final course of a subdivision road has been put down, provided that security acceptable to the Planning Board is in place to ensure completion of the street. If the subdivision plan for the lot in question shows a way plotted along any boundary, the lot shall not only have the required frontage set forth in the Table of Dimensional Requirements but shall also have the required frontage after construction of said plotted way.
B.
Lot area. In computing lot area, at least 40,000 square feet of area must be contiguous and exclusive of wetlands and/or land lying in the Floodplain District.
(1)
Hammerhead lots. The frontage requirement for a hammerhead lot may be reduced to 50 feet, by special permit granted by the Planning Board, subject to the following conditions and any additional conditions the Planning Board might impose:
(a)
The total lot area is at least 120,000 square feet;
(b)
The access driveway to the house shall not be longer than 500 feet, with a grade and width adequate to permit access by fire, police and other emergency vehicles;
(c)
The nearest point of any building or structure shall be set back 50 feet from all lot lines;
(d)
No more than two hammerhead lots shall have contiguous frontage.
(2)
Front yards. All principal structures shall maintain a setback of 20 feet from the front property line. In the Residential District, the Zoning Board of Appeals may, however, authorize by special permit a setback not to exceed the average setback of the principal buildings on the lots on either side.
(3)
Corner lots. A corner lot is any lot bounded on two or more streets whose intersection(s) are coincident with the corners of the lot. Every lot line of a corner lot that is coincident with a street line shall be a front lot line, and shall have an accompanying front yard. All other lot lines of a corner lot shall be side lot lines, with side yards.
(4)
Appurtenant open space. No yard or other open space required for a building for which a permit has been issued shall during the life of such building be occupied by or counted as open space for another building.
C.
One structure per lot. Except as otherwise provided herein, no more than one principal structure may be placed on any lot. In the Business District, more than one principal structure may be placed on any lot by special permit from the Planning Board.
D.
Height exceptions. By grant of a special permit by the Zoning Board of Appeals, the following may exceed the height requirements set forth in the Table of Dimensional Requirements. In granting such special permit, the criteria of § 255-13.4 shall not apply.
(1)
Towers, chimneys, windmills, tanks, radio and television antenna towers and the like, not to exceed 55 feet in height and provided that they are accessory to the principal permitted use of the lot and not used for living purposes.
(2)
Steeples and spires, subject to the imposition of reasonable restrictions on height and on the use of the structure relating to illumination, sound generation, and exterior appendages so that no nuisance or other activity detrimental to the neighborhood will result and so that the proposed structure does not pose a danger to public health or safety; nor adversely affect adjacent properties due to shadowing or obstruction of scenic vistas.
(3)
An accessory building which has an eave height exceeding 10 feet within 20 feet of the side lot line.
E.
Projections. Nothing herein shall prevent the projections of steps, cornices, bay windows, eaves, and other ornamental features into any required yards.
F.
Residential driveways.
(1)
General. For the purpose of promoting the safety of the residents of the Town, an application for a building permit for a residential structure shall include a plan, at a scale of one inch equals 100 feet, showing the driveway serving the premises, and showing existing and proposed topography at ten-foot or three-meter contour intervals. All driveways shall be constructed in a manner ensuring reasonable and safe access from the public way serving the premises to within a distance of 100 feet or less from the building site of the residential structure on the premises, for all vehicles, including, but not limited to, emergency, fire, and police vehicles. The Building Inspector shall not issue a building permit for the principal structure on the premises unless all of the conditions in the following subsections have been met.
(2)
Maximum distance. The distance of any driveway measured from the street line to the point where the principal building is proposed shall not exceed a distance of 500 feet, unless the Planning Board grants a special permit after a determination that said driveway will provide safe and reasonable access for fire, police and emergency vehicles.
(3)
Grade. The grade of each driveway where it intersects with the public way shall not exceed 4% for a distance of 20 feet from the travel surface of the public way unless the Planning Board shall grant a special permit after a determination that said driveway will provide safe and reasonable access for fire, police and emergency vehicles.
(5)
Common driveways. Common driveways serving not more than three lots may be allowed by special permit by the Planning Board. A common driveway must satisfy all of the conditions in § 255-5.2F, Residential driveways, as well as all of the following conditions:
[Amended 4-23-2018 ATM by Art. 23]
(a)
The center line intersection with the street center line shall not be less than 45°;
(b)
A minimum cleared width of 12 feet shall be maintained over its entire length;
(c)
A roadway surface of a minimum of pavement or at least four inches of graded gravel, placed over a properly prepared base, graded and compacted to drain from the crown shall be installed;
(d)
The driveway shall be located entirely within the boundaries of the lots being served by the driveway;
(e)
Proposed documents shall be submitted to the Planning Board demonstrating that, through easements, restrictive covenants, or other appropriate legal devices, the maintenance, repair, snow removal, and liability for the common driveway shall remain perpetually the responsibility of the private parties, or their successors in interest;
G.
Permitted accessory structures. The accessory structures addressed in the following subsections are permitted in all districts.
(1)
Accessory building. An accessory building shall be permitted, provided that it is not more than 75% of the height of the principal structures or 20 feet in height above the average grade level around the structure, whichever is greater. The volume of the accessory structure shall not exceed 50% of the volume of the principal structure.
(2)
Boundary fences, walls, or hedges. Boundary fences, walls, or hedges shall be permitted, provided that they do not exceed eight feet in height and provided that no fence which obstructs vision shall exceed 36 inches in height within 20 feet of the street line or within 15 horizontal feet of a habitable room in an abutting dwelling on a separate lot.
(3)
Flagpoles. Flagpoles of a height not to exceed 20 feet are permitted and shall be exempt from the setback requirements of this section.
(4)
Swimming pools and game courts. 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.
(5)
Barns. Barns may be authorized by special permit from the Zoning Board of Appeals in the Residential District. New barns shall meet the dimensional requirements for principal structures set forth in the Table of Dimensional Requirements.
H.
Dimensional requirements and location. Except as otherwise provided herein, the following dimensional rules shall apply to accessory structures:
(1)
No accessory building or structure, except a permitted sign or roadside stand, shall be located within a required front yard setback.
(2)
Accessory structures or buildings with a footprint of 125 square feet or more shall meet the height and setback requirements set forth in the Table of Dimensional Requirements.
(3)
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.
(4)
Accessory structures and buildings shall be located on the same lot as the principal structure on the premises.