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West Stockbridge City Zoning Code

SECTION 5

Intensity Regulations

5.1 Compliance with intensity regulations required.

Any building used for dwelling purposes, and any building or structure housing a principal permitted use, including any use authorized by a special permit, shall be so constructed and located on a lot as to meet the minimum requirements for lot area, frontage, the required front, side, and rear yards, and the maximum height, and maximum lot coverage by buildings as set forth in the Table of Dimensional Requirements and exceptions (Section 5.6 herein), except as otherwise specifically provided in the bylaw.

5.2 Required land and yard spaces.

The land and yard spaces required for any building or structure or use shall not include any land or yard area required by any other building, structure or use to meet the minimum requirements of this bylaw.

5.3 Change in lot size or use prohibited.

No lot nor any building or structure thereon shall be changed in size, nor shall any use be changed, so as to violate lot area, frontage, or yard requirements of this bylaw.

5.4 Height regulations.

The height regulations of buildings and structures shall not apply to agricultural buildings and structures, churches, spires, chimneys, or other appurtenances usually required to be placed above roof level and not intended for human occupancy. This does not include towers.

5.5 Detached accessory buildings.

Detached accessory buildings and garages, except docks and boat houses, shall conform to the minimum yard requirements as set forth herein unless otherwise authorized by special permit from the Zoning Board of Appeals if compliance with these requirements due to the size or shape of the lot would create unnecessary hardship.

5.6 Table of Dimensional Requirements.

[Amended 2-27-2017 STM by Art. 2; 1-14-2019 STM by Art. 1; 1-14-2019 STM by Art. 4; 9-18-2019 STM by Art. 1; 5-9-2022 ATM by Art. 43]
Yard Minimum
Maximum Building Height
District
Minimum Area
(acres)
Lot Frontage
(feet)
Front
Side
Rear
Stories
Feet
Maximum Coverage by Building
Residence R-1
1
150
40
25
40
2.5
35
10%
Residence R-3
3
225
40
25
40
2.5
35
10%
Residence R-D
1/2
100
30
15
20
2.5
35
25%
Commercial C
1/2
100
30
15
40
2.5
35
30%
Manufacturing M
3
225
100
15
50
2.5
35
20%
VCOD
0.10
50
5 (1,2,3)
3 (3,4)
15 (3)
2.5
35
75%
MOD
1/2
100
30
15
40
2.5
35
30%
FOOTNOTES
1.
The five-foot setback is only applicable "as of right" to buildings or uses with less than 4,500 square feet gross floor area.
2.
The front setback may be reduced by special permit, as provided for by Section 4.10, to less than five feet where a sidewalk exists along the street and at least one entrance to the building is located along the sidewalk.
3.
For buildings or uses greater than 4,500 square feet in gross floor area, the setback requirements of the underlying Commercial District shall apply, except that the underlying Commercial District setback requirements may be reduced by special permit as provided for by Section 4.10.
4.
Total setback of both sides shall be equal to six feet. The total may be all on one side, all on the other side, or divided in any proportion.
5.
Ground-mounted solar photovoltaic installations shall meet yard setback requirements, except that setback requirements may be reduced by special permit as a part of the special permit granted for the underlying use.
6.
Solar energy systems shall not be included in calculations for lot coverage or impervious surface.
7.
Ground-mounted solar energy generation systems at any scale shall not exceed 15 feet above the ground as measured under each panel module, except the overall height of tracking-type systems may exceed 20 feet for transient conditions when dumping snow.
8.
The size of a small-scale solar photovoltaic system, defined as having a total collector area of 750 square feet or less, may be increased by the SPGA per Subsection 9.2.6.
Exceptions to Rules in Table of Dimensional Requirements:
1.
Side yards and/or rear yards of commercial or manufacturing uses shall be at least 50 feet when adjacent to a Residence District.
2.
When a side or rear yard borders on a street, the minimum distance between the street and any type of building shall be as follows: R-3, 40 feet; R-D, 30 feet; C, 10 feet; M, 100 feet; and R-1, 35 feet.