[Added 11-27-1995 by Ord. No. 28022; 12-14-1992 by Ord. No. 27463; 12-23-2002 by Ord. No. 29628; 12-9-1991 by Ord. No. 27265; 2-24-1992 by Ord. No.
27313; 6-26-2000 by Ord. No. 29025; 6-26-2006 by Ord. No. 30450; 6-27-1994 by Ord. No. 27756; 8-4-1997 by Ord. No. 28403; amended 6-10-1991 by Ord. No.
27156; 6-10-1991 by Ord. No. 27156; 12-9-1991 by Ord. No. 27265; 6-26-2000 by Ord. No. 29025; 5-28-2002 by Ord. No. 29513; 12-23-2002 by Ord. No.
29628; 6-13-2005 by Ord. No. 30180; 6-13-2005 by Ord. No. 30180; 7-16-1964 by Ord. No. 21178; 7-16-1964 by Ord. No. 21178; 6-10-1991 by Ord. No.
27156]
The Table of Dimensional Requirements, Section 4.11, describes
the general dimensional requirements for development in each zoning
district except for provisions to the contrary which are included
elsewhere in this chapter. Supplemental information and descriptions
follow in Section 4.2.
4.11.
Table of Dimensional Regulations.[1]
[1]
Editor's Note: The Table of Dimensional Regulations is included at the end of this chapter.
4.12.
Footnotes, Table of Dimensional Requirements.
(1)
No building shall be erected to a height in excess of the allowed
maximum number of stories or the maximum height as indicated, whichever
is less, except as provided in Section 4.217; provided, however, that
all accessory buildings and detached garages shall be at least 10
feet from the principal building.
(2)
The percentage of lot coverage shall include all principal and accessory
buildings on any lot.
(3)
Side yard width shall be 10 feet where a building does not exceed
two and one-half (2 1/2) stories in height; in all other cases
it shall be not less than one-fourth (1/4) the height of the building.
(4)
An open or lattice-enclosed fire escape may project not more than
five feet into a rear yard.
(5)
Buildings shall be not less than 150 feet from any street line and
100 feet from any property line. They shall be so grouped that each
building shall face for the full length of its front facade either
upon an existing street or upon an open space which in its least dimension
shall not be less than 70 feet. Where the rear elevations of the principal
buildings are built parallel to each other or within 30° of parallel,
the distance between their long dimensions shall not be less than
50 feet. Each building, whether principal or accessory, shall be at
least 50 feet distant from any other buildings in the group, which
distance shall be measured in a straight line between the points of
the building which are nearest to each other.
(6)
No part of any minimum landscaped area shall be used for parking
purposes. Also, any additional landscaped area as required by special
permit up to 40% of total parcel area shall be measured from the twenty-five-percent
minimum landscape requirement.
(7)
Where a lot is located entirely in a Commercial District or where
a lot is located partly in a Commercial District and partly in another
nonresidential district and where such a lot does not exceed 25,000
square feet in total area and has a frontage of less than 100 feet
and where such a lot does not abut residential districts, the rear
setback requirement shall not apply and the side yard requirement
shall apply to only one side. In all other instances, the application
of the front, side and rear setbacks shall be as follows:
(a)
Front yard. The front yard depth shall be at least 1/2 the height
of the building, but in no event shall the front yard depth be less
than 10 feet.
(b)
Side yard. Each side yard shall have a depth at least 1/2 the
height of the building, but in no event shall either side yard be
less than 15 feet, except as provided in Section 4.241.
(c)
Rear yard. The rear yard depth shall be at least 1/2 the height
of the building, but in no event shall the rear yard depth be less
than 25 feet, except as provided in Section 4.215, Section 4.233 and
Section 4.234.
(8)
Where a lot is located entirely in an Industrial District or where
a lot is located partly in an Industrial District and partly in another
nonresidential district and where such a lot does not exceed 25,000
square feet in total area and has a frontage of less than 100 feet
and where such a lot does not abut residential districts, the rear
setback requirement shall not apply and the side yard requirement
shall apply to only one side. In all other instances, the application
of the front, side and rear setbacks shall be as follows:
(a)
Front yard. The front yard depth shall be at least 1/2 the height
of the building, but in no event shall the front yard be less than
10 feet; provided, however, that where the district boundary line
between an Industrial District and a residential district is located
in the center line of a street, the front yard in the Industrial District
shall not be less than 50 feet.
(b)
Side yard. Each side yard shall have a depth at least 1/2 the
height of the building, but in no event shall either side yard be
less than 15 feet, except as provided in Section 4.215 and Section
4.241.
(c)
Rear yard. The rear yard depth shall be at least 1/2 the height
of the building, but in no event shall the rear yard depth be less
than 25 feet, except as provided in Section 4.215, Section 4.233 and
Section 4.234.
(9)
See Section 3.737 for the definition of minimum open space and the
open space criteria for all developments seeking a special permit
for increased development intensity above the FAR allowed as of right.
(10)
The minimum lot frontage shall be maintained on all lots as
a minimum lot width to a point equivalent to the rear facade of the
principal building or 50% of the depth of the lot, whichever is greater.
However, lots laid out on approved cul-de-sacs may reduce the minimum
frontage by 1/3. Further, lots in the Limited Commercial District
shall be permitted to maintain their minimum required lot frontage
along the front lot line only. The provisions for culs-de-sac and
lots in the Limited Commercial District shall only apply to existing
lots as of June 13, 2005.
(11)
Public or private educational institutions which are fully accredited
by recognized private, state or federal organizations shall be allowed
to exceed the height limitations of the RA-2 and RA-3 Districts given
the following building setback criteria from residential or public
open space property lines as specifically noted below:
(a)
The minimum setback for all structures shall be 75 feet. Within
the minimum seventy-five-foot setback, surface parking shall be allowed
to within 40 feet of residential and public open space property lines.
In all instances, a natural or landscaped buffer shall be provided
and maintained within 40 feet of all residential and public open space
property lines.
(b)
Buildings and structures up to two stories but not more than
24 feet in height shall be allowed given a seventy-five-foot setback
from all residential and public open spaces property lines.
(c)
Buildings and structures up to three stories but not more than
36 feet in height shall be allowed given a one-hundred-twenty-five-foot
setback from all residential property lines.
(d)
Buildings and structures up to four stories but not more than
48 feet in height shall be allowed given a three-hundred-fifty-foot
setback from all residential property lines.
(e)
Buildings and structures up to five stories but not more than
60 feet in height shall be allowed given a four-hundred-fifty-foot
setback from all residential property lines.
(f)
All residential dormitories and recreational structures, such
as bleachers and concession stands, but not including playing fields
and indoor recreational facilities, shall be at least 350 feet from
any residential property lines.
(g)
All parcels of land owned by public or private institutions
that are less than two acres shall not be subject to the above regulations,
but shall be subject to the dimensional regulations of the zoning
districts in which they are located.
(h)
All newly constructed recreational backstops, such as backstops
associated with baseball infields, shall be at least 500 feet from
any residential property lines.
(12)
Consistent with the higher floor area ratios allowed by special
permit, the City Council, when issuing a special permit for intensity
of use, may allow for an increased number of units per acre up to
the following maximums:
|
District
|
Number of Dwelling Units per Acre
| ||
|---|---|---|---|
|
Residence C
|
18
| ||
|
Residence D
|
13
| ||
|
Business A
| |||
|
Except multifamily
|
24
| ||
|
Multifamily townhouses or multifamily rowhouses
|
18
| ||
|
Multifamily, except multifamily townhouses and multifamily row
houses
|
24
| ||
|
Business B
| |||
|
Except multifamily
|
30
| ||
|
Multifamily townhouses or multifamily rowhouses
|
18
| ||
|
Multifamily, except multifamily townhouses and multifamily row
houses
|
30
| ||
|
Business C
| |||
|
Except multifamily
|
60
| ||
|
Multifamily townhouses or multifamily rowhouses
|
18
| ||
|
Multifamily, except multifamily townhouses and multifamily rowhouses
|
60
| ||
|
HR2 (multifamily)
|
30
| ||
(13)
In the Business C District, no new structure may be constructed
within 10 feet of a public pedestrian way of at least five feet in
width if said public way is used for access to a parking area, public
open space or public building.
(14)
For parcels that abut the Charles River, a setback from the
Charles River to any portion of any structure shall be at least 50
feet if the lot has a depth of at least 200 feet. In the instance
where the lot depth is less than 200 feet, the setback shall be at
least 25 feet.
(15)
For side yard and rear yard requirements where a lot abuts a
Conservation/Recreation or Residence District, see Sections 4.234
and 4.241.
(16)
In Business A Districts, the maximum floor area ratio (FAR)
allowable by right shall not exceed .20 for retail use. In Business
B Districts, the maximum floor area ratio (FAR) allowable by right
shall not exceed .24 for retail use. In Commercial Districts, the
maximum floor area ratio (FAR) allowable by right shall not exceed
.28 for retail use. In Industrial Districts, the maximum floor area
ratio (FAR) allowable by right shall not exceed .28 for retail use.
(17)
See Section 4.214 for changes to FAR and open space caused by
dividing lots with two or more principal buildings.
(18)
Where a lot having irregular topographical characteristics is
located entirely in a Limited Commercial District and contains in
excess of 10 acres of land, the maximum building height shall be 45
feet (but not to exceed three stories) if:
(a)
Such building is at least 200 feet from the nearest residence
district zoning boundary line;
(b)
There is a buffer area, excluding parking, buildings and storage,
but not excluding driveways, with a minimum width of 100 feet adjacent
to any residence district or conservation-recreation district, such
area to remain in its natural, vegetated state or be landscaped to
improve screening of such building from the abutting districts;
(c)
The floor area ratio of such lot does not exceed 0.25; and
(d)
All mechanical equipment located on the roof of such building
is selected and screened to reduce visual and noise impacts on residence
districts.
|
In such cases, the owners of lots having irregular topographical
characteristics shall have the option to determine building heights
in accordance with either:
|
(e)
Section 2.326; or
(f)
By measuring from the lower of:
(i)
The grade of the building (the average elevation of the finished
ground level along each wall of a building; see Section 2.324); or
(ii)
If the finished grade slopes away from the exterior
walls of the building, the average elevation of the finished ground
level measured six feet outside the exterior walls of the building,
provided that the grade of the building (at the finished ground level)
is not higher than the highest ground elevation within the building
footprint existing prior to any construction or earthmoving activity
on the site.
(19)
Swimming pools in the Conservation/Recreation District must
comply with the front, side and rear setback requirements of the Conservation/Recreation
District as set forth in Section 4.11.
(20)
Any conflict between the FAR by Right and the FAR by Special
Permit in Section 4.11 and Section 3.721 shall be governed by Section
4.11, Table of Dimensional Requirements, however, all exemptions stated
in 3.721 shall be applicable to Section 4.11.
(21)
Where a lot having irregular topographical characteristics is
located entirely in a Residence D District and contains in excess
of 10 acres of land, or is adjacent to one or more additional lots,
held in common ownership, with a total area in excess of 10 acres,
the City Council may grant a Special Permit for a maximum building
height up to 60 feet (but not to exceed four stories) if:
(a)
There is a buffer area, excluding parking, buildings and storage,
but not excluding driveways, with a minimum width of 100 feet between
the building on such lot or adjacent lots held in common ownership,
and any abutting residence district, such land area to remain in its
natural vegetated state or be landscaped to improve screening of such
building from the residence district;
(b)
The floor area ratio of such lot does not exceed 0.5; and
(c)
All mechanical equipment located on the roof of such building
is selected and screened to reduce visual and noise impacts on abutting
residence districts.
|
The terms of such a Special Permit may also grant the owner
of such land the option to determine building heights in accordance
with either:
|
(d)
Section 2.326; or
(e)
By measuring from the lower of:
(i)
The grade of the building (the average elevation of the finished
ground level along each wall of a building; see Section 2.324); or
(ii)
If the finished grade slopes away from the exterior
walls of the building, the average elevation of the finished ground
level measured six feet outside the exterior walls of the building,
provided that the grade of the building (at the finished ground level)
is not higher than the highest ground elevation within the building
footprint existing prior to any construction or earthmoving activity
on the site.
(22)
Any application for a special permit for intensity of use for
new multifamily dwellings to be constructed in the Residence D District
shall include provision for the construction of age-restricted housing
with the effect that the number of age-restricted housing units to
be provided shall be at least 30% of the number of housing units proposed
to be constructed pursuant to such special permit. At the discretion
of the City Council, the age-restricted housing may be located on
a lot located in a Residence D District and adjacent to the lot on
which the non-age-restricted housing units are to be located. Nothing
herein shall negate the requirement that the applicant for such a
special permit shall comply with the affordable housing requirements
of Section 9.1 except that the number of dwelling units required by
Section 9.141 shall equal 12.5%; the dwelling units required by Section
9.142 shall equal 20%; the "fee" required by Sections 9.143 and 9.144
shall be 20% of the total development cost (TDC). In lieu of the increased
requirements of Section 9.141, 9.142, 9.143 and 9.144 provided for
in the previous sentence, the applicant may reduce said requirements
to no less than the requirements provided for in Sections 9.141, 9.142,
9.143 and 9.144 by City Council approval of a petition by the applicant
for a conservation set-aside. In lieu of each affordable housing unit
not provided, the applicant shall set aside 10,000 square feet of
land with conservation value or in lieu of the fee required in Sections
9.143 and 9.144 an equivalent square footage of land with conservation
value equal in assessed value to the fee not provided, but in no case
less than 54,450 square feet, such set-aside to be accomplished through:
(a)
The grant of a permanent conservation restriction to the City
of Waltham or other qualified grantee, in a recordable form approved
by the City Council and the Massachusetts Executive Office of Environmental
Affairs.
(b)
The grant of a private development restriction or restrictive
covenant either in gross or benefiting abutting land owned by the
City of Waltham, for the maximum period allowed by applicable law,
and in a recordable form approved by the City Council; or
(c)
The grant of the fee simple interest in said land to the City
or to a qualified non-profit corporation approved by the City Council.
|
An applicant seeking a conservation set-aside shall further
apply to the Conservation Commission for a determination of the conservation
value of the proposed set-aside, including but not limited to protection
of endangered species, habitat preservation, and recharge of groundwater
prior to petitioning the City Council, such determination to be made
at a public hearing held in accordance with MGL Chapter 40A, Section
11. The Conservation Commission shall within 30 days of receipt of
said request for determination, or within such further time as the
City Council may allow upon the request of the Commission, make recommendation
to the City Council regarding the conservation value of the proposed
set-aside. However, in no case shall any land to be included in a
proposed conservation set-aside be land under and within 40 feet of
buildings, other structures, driveways, roads, parking lots and other
paved areas. Wetlands, buffer zones and floodplains may be included
in proposed conservation set-aside areas.
|
(23)
Subject to the requirements of Sections 8.65 and 8.66, the City
Council may by special permit, and within the limitations imposed
by said Sections 8.65 and 8.66, alter the dimensional requirements
for a project within the Limited Commercial Revitalization Area Overlay
District.
(24)
Subject to the requirements of Sections 8.75, 8.76 and 8.77,
the City Council may, by Limited Commercial Residential Area Protection
Overlay District special permit, and within the limitations imposed
by said Sections 8.75, 8.76 and 8.77, alter the dimensional requirements
for a project within the Limited Commercial Revitalization Area Overlay
District as set forth in Section 8.7 et seq.
[Added 6-24-2013 by Ord. No. 31971]
(25)
Minimum building setback(s) requirements shall not apply to
any pedestrian bridges or overpasses existing in the HR-2 District
on January 1, 2018.
[Added 12-10-2018 by Ord.
No. 34279]
(26)
A detached garage and/or an accessory building in the HR2 District
that is not associated with multifamily or assisted living use may
be erected up to a maximum of four stories, but no more than 55 feet
maximum building height, provided that such detached garage or accessory
building is located no closer than 425 feet from the nearest point
of any public way in existence as of January 1, 2018, excluding Hope
Avenue. In addition to the exception to height restrictions set forth
in Section 4.217, in the HR2 District the height restriction shall
not apply to elevator vestibules and associated facilities, stair
enclosures, ventilation, mechanical equipment, lighting and other
necessary appurtenances on the top level of any such detached garage
or accessory building.
[Added 12-10-2018 by Ord.
No. 34282]
[Added 5-28-2002 by Ord. No. 29513; 6-13-2005 by Ord. No. 30180; 8-4-1997 by Ord. No. 28403; amended 12-12-1977 by Ord. No. 24266; 12-14-1992 by Ord. No. 27463; 12-23-1991 by Ord. No. 27264; 3-24-1997 by Ord. No.
28327; 5-11-1991 by Ord. No. 27095; 5-12-1986 by Ord. No. 25934; 6-10-1991 by Ord. No. 27156; 6-10-1994 by Ord. No. 27156; 6-13-2005 by Ord. No. 30180; 12-12-2005 by Ord. No. 30319; 6-22-1970 by Ord. No.
22761; 6-22-1970 by Ord. No. 22761; 6-24-1974 by Ord. No. 23681; 6-27-1994 by Ord. No. 27756; 6-27-1994 by Ord. No. 27756; 6-13-2005 by Ord. No.
30180; 7-16-1964 by Ord. No. 21178; 8-4-1997 by Ord. No. 28403; 8-7-1989 by Ord. No. 26773; 4-28-2008 by Ord. No. 30876; 9-13-1993 by Ord. No.
27594; 6-24-1996 by Ord. No. 28189]
4.21.
Applicable to all districts. The following provisions and restrictions
shall be applicable in all districts:
4.210.
Rounding up prohibition. When calculating the
number of residential units allowed on any given lot, it is prohibited
to round-up on any fraction of the total.
4.211.
Use, height and area provisions. No building or other structure nor
any land shall be used nor shall any building or structure be erected
or altered except in conformity with those provisions of this chapter
that regulate the use, height and area of land and buildings, including
amendments thereof, which apply to the district in which the building,
structure or premises shall be located.
4.212.
Required yards or open spaces. No part of a yard or other open space
required for any building for the purpose of complying with the provisions
of this chapter shall be included as a part of a yard or other open
space similarly required for another building.
4.213.
Lots in two districts. Where a district boundary line divides a lot
in single or joint ownership of record into two different districts
at the time such line is adopted, the regulations for the less restricted
portion of such lot shall extend not more than 30 feet into the more
restrictive portion, provided that the lot is still owned by the owner
of record of such lot when such line was established; that the lot
has frontage in the less restricted district; and that access to said
lot is from the frontage located in the less restricted district.
Notwithstanding the foregoing, the regulations for a less restricted
district shall not extend under any circumstances into a conservation/recreation
district.
4.214.
Reduction of lot areas. Except as provided in this section, no lot
on which a building is located in any district shall be reduced or
changed in area, shape or frontage so that the building or lot fails
to comply with the provisions of this chapter. No lot on which a building
is situated shall be reduced in area or frontage if such lot is smaller
than is herein prescribed. This provision, however, shall not apply
when a portion of a lot is taken or conveyed for a public purpose.
It shall not be a violation of this chapter to divide a lot
that contains two or more principal buildings which contain a use
set forth in Section 3.4 under Commercial, Industrial and Institutional,
as well as Hotels/Motels as set forth in Residential, that are either
lawful nonconforming structures or are protected under provisions
limiting actions, suits or proceedings contained in MGL c. 40A, Section
7, with respect to FAR and minimum open space requirements, provided
that each resulting lot contains at least one principal building;
and such nonconforming or protected status shall be deemed to continue
notwithstanding such division. This paragraph shall not apply to residential
uses except as set forth above.
Notwithstanding anything to the contrary in this section or
in Section 3.511, in the case of any lot resulting from a division
described in the preceding paragraph, whether or not such lot has
an FAR that is less than the FAR by right in the zoning district in
which the lot is located, any subsequent increase in intensity of
use shall require a special permit in the same manner as is provided
in Sections 3.5 and 7.5 for increases in intensity of use above the
FAR by right.
4.215.
More than one principal building on a lot. Only one principal building
designed or available for use for dwelling purposes shall be erected,
placed or converted to residential use on any lot without the approval
of the Board of Survey and Planning in accordance with MGL c. 41,
Section 81Q and Section 1.0 of its rules and regulations; further
provided that, if a residential principal building is located to the
rear of another residential principal building on the same lot, the
open space between such buildings shall be at least 50% greater than
the rear yard requirement for the district. The rear building shall
be subject to the side yard requirement for the district. The rear
building shall be subject to side and rear yard requirements of the
district in which it is located. More than one nonresidential principal
building may be allowed on one lot under certain circumstances. Every
nonresidential principal building shall have frontage on a street,
public or private, or a clear unobstructed passageway to such street
at least 20 feet wide for its entire length over the lot on which
it is located. If a nonresidential principal building is located to
the rear of another nonresidential principal building on the same
lot, the open space between such buildings shall be at least 50% greater
than the rear yard requirement for the district. The rear building
shall be subject to side and rear yard requirements of the district
in which it is located. When such nonresidential buildings are built
on a single lot, they shall be sited in a conformance with all front,
side and rear yard requirements of this chapter and the rules and
regulations of the Board of Survey and Planning.
|
Residential and nonresidential principal buildings on one lot.
Except as otherwise provided for in this chapter, residential and
nonresidential principal buildings shall not be allowed on the same
lot.
|
4.216.
Minimum area for dwellings. With the exception of single-family residential
buildings, any building used for human occupancy in any district shall
provide a habitable ground floor area of not less than 600 square
feet.
4.217.
Height exceptions. The provisions of this chapter governing the height
of buildings shall not apply to chimneys, cooling towers, elevator
bulkheads, skylights, ventilators and other necessary appurtenances
usually carried above roofs; nor to domes, towers, stacks or spires,
if not used for human occupancy and if they do not occupy more than
25% of the ground floor area of the building; nor to ornamental towers,
observation towers, windmills, radio broadcasting towers, television
and radio antennas and other like structures which do not occupy more
than 25% of the lot area. (See Section 3.87.)
4.218.
Lot area. Substandard lots may be combined for the purposes of meeting
zoning regulations. Further, lot area as required by Sections 4.211
through 4.214 shall not apply to lots for single- and two-family residential
use which, prior to the adoption of this chapter, were shown as separate
parcels on subdivision plans approved by the Board of Survey and Planning
or were assessed as separate parcels or were shown on plans or deeds
duly recorded with the County Registry of Deeds. With respect to such
lots in residential areas, the following provisions shall apply:
4.2181.
Yard requirements for lots recorded prior to October 13, 1942.
Lots for single- and two-family residential uses lawfully laid out
and recorded by plan or deed prior to October 13, 1942, shall comply
with the following requirements:
(a)
Side yards. There shall be a side yard along each side lot line.
The sum of the widths of the two side yards shall be not less than
10 feet for buildings or projections one story high and not less than
16 feet for higher buildings; provided, however, that for each foot
that such a lot is less than 50 feet wide, three inches shall be deducted
from the required sum of the widths of the two side yards. No side
yard shall be less than five feet.
(b)
Rear yards. There shall be a rear yard on every lot, and it
shall be at least 30 feet deep behind a building in Residence A or
Residence B Districts and at least 20 feet deep behind a building
in Residence C Districts; provided, however, that if a lot is less
than 100 feet deep, six inches shall be deducted from the required
depth of the rear yard for each foot of such lesser depth of lot.
In no case shall the clearance be less than 10 feet.
4.2182.
Yard requirements for lots recorded between October 13, 1942,
and May 21, 1952. Lots for single- and two-family residential uses
lawfully laid out and recorded by plan or deed on or after October
13, 1942, and prior to May 21, 1952, shall comply with the following
requirements:
(a)
Side yards. There shall be a side yard along each lot line.
The sum of the widths of the two side yards shall not be less than
10 feet for buildings or projections one story high and not less than
16 feet for higher buildings. No side yard shall be less than five
feet.
(b)
Rear yards. There shall be a rear yard on every lot, and it
shall be at least 30 feet deep behind a building in Residence A or
Residence B Districts and at least 20 feet deep behind a building
in Residence C Districts.
4.2183.
The provisions of Sections 4.2181 and 4.2182 shall apply, notwithstanding
any merger of lots by deed.
4.219.
Yard exceptions and projections. Projecting eaves, chimneys, and
cornices shall not project more than three feet into required open
spaces nor more than 1/4 of the width of the required open spaces
within the lot over which they project, whichever is less, but may
project one foot in any case. Belt courses and other ornamental features
shall not project more than 12 inches into such required open spaces.
On single-family and two-family homes unenclosed steps, unroofed porches
and the like which do not project more than 10 feet beyond the line
of the foundation wall may extend into a required yard area; provided,
however, that at no point shall be actual yard area setback be less
than 1/2 of the minimum yard area setback otherwise required for the
district in which the structure is built.
4.22.
Applicable to Residence Districts. The following provisions and restrictions
shall be applicable in residential districts:
4.221.
Location and area of accessory buildings. A detached accessory building
may be located in the rear yard area, provided that not more than
25% of the required rear yard area shall be so occupied. An accessory
building shall be at least 10 feet from the principal building and
five feet from the side lot line and the rear lot line.
4.222.
Swimming pools. One swimming pool may be constructed on a lot. The
pool shall have the minimum setback requirements for the district
and shall be at least 10 feet from the side lot line and rear lot
line. In the event that such a pool would not provide the minimum
setback and rear yard requirements of the district, the Board of Appeals
may grant a special permit for such construction after a finding that
such action will not be injurious to the neighborhood. For the purpose
of this section, the term "swimming pool" shall include all accessory
buildings, decks and appurtenant structures. If swimming pools and
appurtenances of a portable type comprise a total area of 100 square
feet or less, the requirement of the Building Code for a certification
for the correct pool location by a registered land surveyor shall
be waived.
4.223.
Height of accessory buildings. When an accessory building shall exceed
15 feet in height, the height shall not be greater than 125% of its
least horizontal dimension, but not greater than 20 feet in height.
No accessory building shall exceed one story in height.
4.224.
Corner clearance. On corner lots there shall be a clear, unobstructed
space seven feet high beginning 30 inches above the grade of the curve
connecting two street lines within the area formed by the street lines
and an are formed by a radius curve of 25 feet meeting the street
lines as tangents to the area.
4.225.
Access and parking for business, commercial and industrial uses in
adjacent residential zones. Except on adjacent land in the same ownership
on the same side of the street and extending for a distance not greater
than 60 feet, no land located in a residential district which abuts
a Business A, Business B, Commercial or Industrial District shall
be used as a parking area (space) of any business use which may be
permitted in a Business A, Business B, Commercial or Industrial District.
Where parking is permitted under the provisions of this section, the
use of such parking area shall be restricted to customers and employees
of a business operating in a building immediately adjacent to the
abutting residential district and in no event shall such parking area
be used for the parking of an automobile, truck, tractor-trailer or
any other kind of motor vehicle which is for sale or for rent; and,
provided further, that parking in such an area shall only be allowed
on the ground level and no parking structure which is more than one
story in height shall be permitted.
4.226.
Private garages for single- and two-family dwellings. Except as otherwise
provided herein, one private garage with storage space for not more
than three motor vehicles, either detached or forming part of the
principal building, is permitted on each lot on which a dwelling is
located. In the case of a garage forming part of the principal dwelling,
the minimum setback, side yard and rear yard requirements of the district
shall be provided. In the case of a detached garage, the minimum setback
requirement of the district shall be provided and the garage shall
be at least three feet from the side and rear lot lines and at least
10 feet from the principal building. Not more than one commercial
vehicle may be kept on a lot or on a parcel consisting of more than
one lot in the same ownership; and provided, further, that the gross
vehicle weight of such commercial vehicle shall not exceed 9,900 pounds.
Farm properties shall not be subject to the provision of this section.
4.227.
Private garages for multifamily dwellings. In the case of multifamily
or group dwellings, individual garage storage space for each dwelling
unit accommodated on the lot may be provided either as an integral
part of the building or in an accessory building or buildings, but
such an accessory building for more than three motor vehicles shall
not be located nearer than six feet to any side or rear lot line.
Space for the storage of a commercial vehicle shall not be leased
or let in any such garage, except that a resident tenant of the premises
may be permitted to store a commercial vehicle of not more than three-fourths
(3/4) of a ton in rated capacity.
4.228.
Corner lot side yards. On a corner lot, the side yard adjacent to
the intersecting street shall be subject to the same provisions as
the front yards of buildings on such intersecting streets, except
that in no case shall any building, including a detached accessory
building, be nearer than 10 feet to the side street line, and in all
cases the provisions set forth in Section 4.241 shall be observed.
4.229.
Front yards as affected by existing buildings. No building need be
set back from the street line of any street more than the average
setback of existing buildings on either side of it within a distance
of 200 feet on the same side of the street or no more than the zone
requirement in the zone in which it is located, whichever is less,
except that in no case shall any part of a building be nearer than
10 feet to the street line of any street. For lots for single- and
two-family residential use which do not meet current lot area requirements,
but which are eligible for small lot status under Section 4.218, Subsection
4.2181, or Subsection 4.2182, the following provision shall apply:
No building need be set back from the street line of any street more
than the setback of existing buildings on either side of it within
a distance of 200 feet on the same side of the street or no more than
the zone requirement in the zone in which it is located, whichever
is less, except that in no case shall any part of a building be nearer
than 10 feet to the street line of any street.
4.23.
Applicable to Business, Limited Commercial, Commercial and Industrial
Districts. The following provisions and restrictions shall be applicable
in all Business, Limited Commercial, Commercial and Industrial Districts:
4.231.
Location of public garages, automobile service facilities and alcoholic
beverage establishments. No public garage, storage battery service
station, gasoline filling station nor any of their appurtenances or
accessory uses and no commercial establishments for the sale or dispensing
of alcoholic beverages shall hereafter be erected or placed so that
any entrance or exit at the street line thereto shall be within a
radius of 200 feet from any entrance or exit at the street line (such
as a door, walk or driveway) of any public or private school, public
library, church, playground or institution for the sick, dependent
or for children under 16 years of age if such entrances or exits are
on the same street or on an intersecting street; nor within 25 feet
of any residential district. No motor fuel dispensing pump or device
located at a service station or filling station shall be situated
within 75 feet of a residential dwelling unit. Not withstanding the
foregoing provisions of this subsection, structured parking, as defined
in Section 2.3432, may be allowed in the Business C District, regardless
of the location of any entrance or exit thereto, when approved as
part of an intensity of use special permit.
4.232.
Location of accessory buildings. A detached building may be erected
in the side yard or rear yard area but shall not be located nearer
than 10 feet to the principal building, and it shall be subject to
all applicable front, side and rear yard requirements. An accessory
building 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.
4.233.
Rear yard under certain conditions. The rear yard in the case of
a lot running through a block from street to street, when improved
by a single nonresidential principal building, shall be at least equal
to the required rear yard depth of the adjacent lots.
4.234.
Rear yard requirements where district abuts Conservation-Recreation
or Residence Districts. Where the rear yard of a lot in a Business,
Commercial or Industrial District abuts a Conservation-Recreation
or Residence District, there shall be provided on such lot a rear
yard of 1/2 the height of the building or 25 feet, whichever dimension
is greater.
4.24.
Applicability to the Conservation-Recreation District.
4.241.
Side yard requirements where district abuts Conservation-Recreation
or Residence District. Where the side of a lot in a business, Commercial
or Industrial District abuts Conservation-Recreation or Residence
Districts, there shall be provided on such lot in the less restricted
district a side yard of one-half (1/2) the height of the building
or 25 feet, whichever dimension is greater.
4.242.
[1] Location of accessory buildings. A detached building may
be erected in the side yard or rear yard area but shall not be located
nearer than 10 feet to the principal building, and it shall be subject
to the same front, side and rear yard requirements as the principal
building. An accessory building attached to the principal building
shall be considered as an integral part thereof and shall be subject
to the front, side and rear yard requirements applicable to the principal
building.
[1]
Editor's Note: Former Section 4.242, Land zoned for conservation
and recreation (CR) sold to private owners, was repealed 3-9-1992
by Ord. No. 27317.
4.25.
Applicable to the Hope Avenue Redevelopment Districts (HR 1 and HR
2).
4.251.
Calculation of height.
Owing to the irregular topographical characteristics within the Hope
Avenue Redevelopment Districts, the owners of lots within such districts
shall have the option to determine building heights in accordance
with either:
(a)
Section 2.326; or
(b)
By measuring from the lower of:
(i)
The grade of the building (the average elevation of the finished
ground level along each wall of a building; see Section 2.324); or
(ii)
If the finished grade slopes away from the exterior walls of
the building, the average elevation of the finished ground level measured
six feet outside the exterior walls of the building, provided that
the grade of the building (at the finished ground level) is not higher
than the highest ground elevation within the building footprint existing
prior to any construction or earthmoving activity on the site.
4.252.
More than one principal building
on a lot. Notwithstanding the provisions of Section 4.215, more than
one residential and/or nonresidential principal building shall be
allowed on one lot so long as:
(i)
If a principal building is located to the rear of another principal
building on the same lot, the distance between such buildings shall
be at least equal to the rear yard requirement for the district; and
(ii)
The rear building shall be subject to the side and rear yard
requirements of the districts.
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Single-family and/or multifamily uses shall not be allowed on
the same lot as non-single-family and/or non-multifamily uses.
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Where more than one building is to be located on the same lot,
the distance between said buildings shall be a minimum of 20 feet.
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4.26.
Applicable to all districts in which multifamily uses are permitted.
4.261.
Location of exterior doors for multifamily townhouses and multifamily
rowhouses. In all multifamily townhouses and multifamily rowhouses,
the unit closest to the street on which the lot frontage is measured
shall be required to have a first floor door, leading directly from
the individual unit to the outside of the building, on the side of
the building which faces the street on which the lot frontage is measured.
