Whitman City Zoning Code
ARTICLE VI
Dimensional and Density Regulations
§ 240-6.1 Compliance required.
No principal building or structure shall be built nor shall any existing building or structure be enlarged except in conformance with the regulations of the Town of Whitman Protective Zoning Bylaw, in the districts as set forth below, except as may otherwise be provided elsewhere in the Town of Whitman Protective Zoning Bylaw.
§ 240-6.2 Accessory uses and accessory buildings.
A.
A detached accessory building may be erected in the side or rear yard area no closer than 10 feet to any side or rear lot line, no closer than 10 feet to the principal building, and in conformance with the front yard requirement of the district in which it is located. An accessory building attached to its principal building 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.
B.
A detached accessory building shall cover no more than 25% of the rear yard area required for the principal building.
C.
A garage or storage space for private motor vehicles, attached or detached, shall be considered as an accessory building and may provide space for as many as two cars for their principal uses in Residence Districts and for dwellings in Business and Industrial Districts, subject to the provisions of Subsections A and B (above) in this section. All other storage space uses for vehicular equipment may have additional spaces to store necessary equipment.
§ 240-6.3 Corner lots.
On a corner lot, to provide unobstructed visibility at intersections, no sign, fence, wall, tree, hedge or other vegetation, and no building or other structure between three feet and eight feet above the established street grades shall be erected, placed or maintained within the area formed by the intersecting street lines and a straight line joining said street lines at points which are 20 feet from the point of intersection of ways or tangents of curves of rounded curbs, measured along said street lines.
§ 240-6.4 Minimum floor area for apartment units.
The primary apartment unit within a two-family dwelling or a multifamily dwelling shall have a minimum interior floor area of 600 square feet; each additional apartment unit shall have a minimum interior floor area of 400 square feet; said area to be measured to the exterior walls of structures.
§ 240-6.5 Table of Dimensional and Density Regulations.
Zoning District | Minimum Lot Size (square feet) | Continuous Minimum Lot Frontage (linear feet) | Minimum Yard Depth (1) (feet) | Maximum Building Height (2) (feet) | Maximum Percentage of Lot Coverage by Structure (3) | ||
|---|---|---|---|---|---|---|---|
Front | Side | Rear | |||||
Single Residence A-1 | 22,500 | 150 | 35 | 20 | 50 | 35 | 25 |
Single Residence A-2 | 18,000 | 120 | 30 | 15 | 40 | 35 | 25 |
General Residence GR | 10,000 | 90 | 30 | 12 | 30 | 45 | 25 |
Highway Business HB | 10,000 | 90 | 100 | 12 (6) | 50 | 45 | (5) |
General Business GB | 10,000 | 90 | 0 | 0 | 20 | 45 | (5) |
Limited Industrial LI | 15,000 | 100 | 50 | 25 (6) | 20 (6) | 45 | (5) |
Industrial I | 15,000 | 100 | 50 | 25 (6) | 20 (6) | 45 | (5) |
Floodplain and Watershed Protection FP | (4) | (4) | (4) | (4) | (4) | (4) | (4) |
(1) | On lots abutting streets on more than one side, the front yard requirements shall apply to each of the abutting streets. |
(2) | These height restrictions shall not apply to chimneys, water towers, skylights and other necessary features appurtenant to buildings which are usually carried above roofs and are not used for human occupancy nor to wireless or broadcasting towers and other like unenclosed structures. |
(3) | This restriction does not apply to swimming pools. |
(4) | Overlay districts (See § 240-7.6.). |
(5) | No specific restriction; determine on the basis for requirements of parking, drainage and sewerage. |
(6) | Where residential area abuts, minimum shall be 50 feet. |
Note: In the event of a variance for residential purposes in a nonresidential zone, the A-1 lot area requirements shall apply. Minimum lot area and width requirements shall not apply to lots which, prior to the adoption of this bylaw, were shown as separate parcels on subdivision plans approved by the Planning Board, or to lots which are held and were held in separate ownership from that of all contiguous surrounding lots when the Town Bylaw on Development of Land and Construction of Streets, and Subdivision Control became effective in the Town of Whitman. Such lots may be used for any permitted use in the district in which the lot is located, and for each two feet that such lot is less than 90 feet wide, one foot may be deducted from the sum of the width of the required two side yards, provided that no side yard shall be less than 10 feet. |
§ 240-6.6 Accessory Dwelling Units.
[Amended 5-2-2022 ATM by Art. 43, AG approved 10-5-2022, eff. 5-2-2022; 5-5-2025 ATM by Art. 13, AG approved 10-16-2025, eff. 5-5-2025]
A.
Definition. An Accessory Dwelling Unit is a self-contained housing unit, inclusive of sleeping, cooking and sanitary facilities, on the same lot as a principal dwelling, that:
(1)
Maintains a separate entrance, either directly from the outside or through an entry hall or corridor shared with the principal dwelling, sufficient to meet the requirements of the State Building Code for safe egress; and
(2)
Is not larger in Gross Floor Area than one-half the Gross Floor Area of the principal dwelling or 900 square feet, whichever is smaller; and
(3)
Is subject to the additional conditions, restrictions, and regulations set forth in this section.
(4)
For purposes of this section, "Gross Floor Area" is the sum of the areas of all stories of the building of compliant ceiling height pursuant to the State Building Code, including basements, lofts, and intermediate floored tiers, measured from the interior faces of exterior walls or from the centerline of walls separating buildings or dwelling units, but excluding crawl spaces, garage parking areas, attics, enclosed porches and similar spaces.
B.
A single Accessory Dwelling Unit is allowed, by right, on a lot on which a principal dwelling is located, within the Single Residence A-1, Single Residence A-2, and General Residence Districts, subject to the dimensional and other requirements set forth in this section. The use of a lot for an Accessory Dwelling Unit shall require Site Plan Approval by the Board of Appeals, pursuant to § 240-7.2, notwithstanding the exception for single- and two-family dwellings and their accessory structures in § 240-7.2A.
C.
The use of land or structures for an Accessory Dwelling Unit does not require owner occupancy of either the Accessory Dwelling Unit or the principal dwelling, nor does it require a familial relationship between the occupants of the Accessory Dwelling Unit and the principal dwelling.
D.
If an Accessory Dwelling Unit is located within the existing principal dwelling, or in an addition to the principal dwelling, the Accessory Dwelling Unit shall be designed so that the appearance of the structure remains that of a dwelling. To meet that standard, the following conditions shall apply:
(1)
All additional stairways to upper stories shall be enclosed within the exterior walls of the principal dwelling.
(2)
Any new entrance shall be located on the side or in the rear of the principal dwelling.
(3)
Where there are two or more existing entrances to the front façade of a principal dwelling, if modifications are made to any entrance, the result shall be that one appears to be the principal entrance and other entrances appear to be secondary.
E.
If an Accessory Dwelling Unit is located within an accessory structure on the lot, all additional stairways to upper stories shall either be enclosed within the exterior walls of the accessory structure, or located at the rear or side of the accessory structure.
F.
As provided in § 240-8.12, at least two off-street parking spaces shall be provided for the principal dwelling. One additional off-street parking space shall be provided for the Accessory Dwelling Unit, except where the Accessory Dwelling Unit is located less than 0.5 miles from a Transit Station (as defined in 760 CMR 71.02). The additional parking for the Accessory Dwelling Unit shall be accessed by the driveway serving the principal dwelling. Parking shall be designed in accordance with Article VIII of this Protective Zoning Bylaw.
G.
(Reserved)
H.
An Accessory Dwelling Unit shall not be located within an accessory structure unless the accessory structure is affixed to a foundation and connected to external utilities. A trailer (as defined in § 240-2.1) shall not be used as an Accessory Dwelling Unit. A Modular Dwelling Unit that meets the definition and requirements of 760 CMR 71.02, and applicable provisions of the State Building Code, may be used as an Accessory Dwelling Unit.
I.
An Accessory Dwelling Unit that is to be located wholly within an existing principal dwelling that is nonconforming as to dimensional requirements, or is located on a nonconforming lot, shall be allowed by right (provided that no addition or extension to the principal dwelling is proposed). Where the Accessory Dwelling Unit is to be located wholly or partially within an addition or extension to a nonconforming principal dwelling that increases the nonconformity, or an addition or extension to a conforming principal dwelling on a nonconforming lot, the construction of the extension or addition to the principal dwelling shall be considered to be an increase or intensification in the nonconformity, and shall be allowed only upon a determination by the Board of Appeals that the extension or addition will not be substantially more detrimental to the neighborhood than the existing structure. In making this determination, the Board of Appeals shall not consider that the extension or addition will be used for an Accessory Dwelling Unit, or impose conditions on such use (other than the design and parking requirements imposed by Subsections D and F, above).
J.
Any enlargements, extensions, or modification of the principal dwelling or an accessory structure for the addition of an Accessory Dwelling Unit must comply with regulations of the State Building Code, the State Fire Code, the State Sanitary Code, and any other applicable state or Town fire, health, and safety requirements.
L.
A lot containing a principal dwelling and an Accessory Dwelling Unit in an accessory structure shall not thereafter be subdivided into two lots, unless each of the resulting lots, and the structures thereon, satisfy the dimensional requirements of § 240-6.5.
M.
An Accessory Dwelling Unit shall not be used for a Short-Term Rental, as defined in MGL c. 64G, § 1.
N.
A dwelling unit that has previously received a Special Permit for use as an "accessory apartment" under the prior version of this § 240-6.6 shall henceforth be considered to be an Accessory Dwelling Unit, and its continued use shall be allowed by right, subject to the provisions of this Section. Such a previously-approved "accessory apartment" shall no longer be subject to the provisions for owner occupancy and familial relationship that were imposed by the prior version of this § 240-6.6.