[Amended 3-28-1989 STM
by Art. 4; 4-4-1989 STM by Art.
7; 6-18-1990 STM by Arts. 1, 2,
4, 11, 15; 4-24-1995 ATM by Art.
36; 6-4-1996 STM by Art. S4; 10-28-1997 STM by Art. S3; 4-26-1999 ATM by Arts. 20, 21; 10-25-1999 STM by Art. S1; 11-13-2000 STM by Art. S3; 4-29-2003 STM by Arts. S4, S8; 4-25-2005 ATM by Art. 30]
A dwelling hereafter erected in any district and a building
hereafter in any Business, Limited Industrial or Open Space Development
District shall be located on a lot having not less than the minimum
requirements set forth in the table below, and no more than one dwelling
shall be built on such a lot except as may be allowed in the Residence
E and the Open Space Development District or by special permit where
otherwise authorized by these Zoning Bylaws. No existing lot shall
be changed in size or shape so as to result in the violation of the
requirements set forth below.
|
Table 5.1A
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|---|---|---|---|---|---|
|
Dimensional Requirements Table
| |||||
|
District
|
Minimum Lot Size
(square feet)(9)
|
Minimum Lot Frontage
(feet)
|
Minimum Front Yard Setback
(feet)
|
Minimum Side and Rear Setback(10)
(feet)
|
Maximum Building Height
(feet)
|
|
Residence A(1)(4)
|
21,780 (0.5 acre)
|
125
|
35
|
15
|
35
|
|
Residence B(1)(4)
|
43,560 (1 acre)
|
150
|
35
|
20
|
35
|
|
Residence C(1)(3)(4)(11)
|
87,120 (2 acres)
|
200
|
35
|
30
|
35
|
|
Residence D(1)(11)
|
87,120 (2 acres)
|
250
|
35
|
30
|
35
|
|
Residence E(1)(2)
|
40,000
|
150
|
35
|
20
|
35
|
|
Limited Business(13)
|
15,000
|
80
|
35(12)
|
10
|
35
|
|
General Business(13)
|
15,000
|
100
|
35(7)(12)
|
10(8)
|
35
|
|
Marine Business(13)
|
15,000
|
100
|
35(12)
|
10
|
35
|
|
Limited Industrial(13)
|
15,000
|
100
|
35(12)
|
10
|
35
|
|
Dimensional Table Notes:
| |||
|
1.
|
These dimensional requirements may be waived in accordance with the provisions of Article X, Conservation Subdivision, upon the issuance of a special permit.
| ||
|
2.
|
See § 230-5.3 for additional and special requirements for the Residence E, Multifamily Residence District.
| ||
|
3.
|
See Article XII for Open Space Development District requirements.
| ||
|
4.
|
These dimensional requirements may be waived in accordance with the provisions of § 230-5.5, Waterfront compounds.
[Amended 4-24-2000 ATM
by Art. 26] | ||
|
5.
|
(Reserved)
| ||
|
6.
|
(Reserved)
| ||
|
7.
|
Not less than 25% of the required front yard must be maintained
with vegetative cover.
| ||
|
8.
|
Where a business use abuts a residential district, a landscape
buffer five feet in width shall be provided along abutting side or
rear lot lines unless otherwise specified under site plan review and
approval.
| ||
|
9.
|
Majority of each lot must be contiguous upland as defined in
Table 5.1B, Contiguous Upland Requirements. In computing the minimum
lot area, land area as defined in the Massachusetts Wetland Regulations
(310 CMR 10.00) as bordering vegetated wetlands, land under water
bodies or waterways, salt marshes, or all land seaward of mean high
water shall not be used in computing the minimum lot area requirements,
as based on the following tables:
| ||
|
Table 5.1B Contiguous Upland Requirements
| |||
|
Lots serviced by both on-site sewage disposal system and private
well
| |||
|
Zone
|
Required Upland Area
(square feet)
|
Percent of Upland Area Required to Be Contiguous
| |
|
RA
|
15,000
|
100%
| |
|
RB
|
30,000
|
100%
| |
|
RC
|
60,000
|
80%
| |
|
RD
|
80,000
|
60%
| |
|
Lots serviced by Town water and on-site sewage disposal systems
| |||
|
Zone
|
Required Upland Area
(square feet)
|
Percent of Upland Area Required to Be Contiguous
| |
|
RA
|
15,000
|
100%
| |
|
RB
|
30,000
|
80%
| |
|
RC
|
60,000
|
70%
| |
|
RD
|
80,000
|
60%
| |
|
Lots serviced by both Town water and Town sewer
| |||
|
Zone
|
Required Upland Area
(square feet)
|
Percent of Upland Area Required to Be Contiguous
| |
|
RA
|
15,000
|
90%
| |
|
RB
|
30,000
|
70%
| |
|
RC
|
60,000
|
60%
| |
|
RD
|
80,000
|
50%
| |
|
(This provision shall only apply to lots created on plans filed
after March 6,1995.)
| |||
|
10.
|
The rear yard setback requirements may be waived for piers where
a pier is constructed in a nonresidential district or where a pier
is allowed by special permit in a residential district.
| ||
|
11.
|
Provided, however, that the Planning Board may grant a special
permit to allow a minimum lot frontage on a common private way shown
on an enclosed residential compound plan pursuant to the Subdivision
Rules and Regulations of the Planning Board.[1] In issuing any special permit for reduced frontage in
a residential compound, the Planning Board shall require the applicant
to demonstrate that, through easements, restrictive covenants or other
appropriate legal devices, the maintenance, repair, snow removal and
liability for the common driveway within the residential compound
shall remain perpetually the responsibility of the private parties,
or their successors-in-interest, and that any breach of this condition
shall be deemed noncompliant with the terms of any special permit
issued hereunder. Any subsequent change to the roadway surface after
the construction of a residential compound shall require a modification
of the endorsed plan pursuant to MGL c. 41, § 81W and this
special permit.
| ||
|
12.
|
Provided, however, that the Planning Board may grant a special
permit to allow a lesser setback. In issuing any special permit for
reduced setbacks, the Planning Board shall require the applicant to
provide parking, curbing, street trees, or other plantings, and pedestrian
access in a manner acceptable to the Planning Board. Through easements,
restrictive covenants or other appropriate legal devices, the maintenance,
repair, snow removal and liability for the sidewalk and street trees
or other plantings on the property of the business shall remain the
responsibility of the owner of said property.
| ||
|
13.
|
Provided, however, that the Planning Board may grant a special
permit to allow a use, other than a one- or two-family dwelling, as
allowed by the Table of Principal Use Regulations on parcels equal
to or greater than 5,000 square feet and with a minimum of 50 feet
of frontage, provided that the project is otherwise in harmony with
the provision of the Zoning Bylaw and the lot was in compliance with
the applicable zoning at the time the lot was created or shown on
a plan endorsed by the Planning Board.
| ||
|
Dimesional Table Explanations:
|
A.
The height of a building abutting a street shall be measured from
the average finished grade on the street side(s) and if not abutting
a street from the mean ground level along its front to the highest
point of the exterior in the case of a flat roof or to the ridge in
the case of a pitched roof.
B.
Front, side and rear yard setbacks shall be measured from the nearest
point of any structure or dwelling to each front, side or rear lot
line. Uncovered steps, ramps, and bulkheads or the construction of
walls or fences not exceeding six feet in height shall not be considered
part of the structure for the purposes of measuring setbacks. A chimney
and all types of decks shall be considered part of a structure.
C.
A detached accessory building shall conform to the minimum setback
from any boundary. Any building attached to a dwelling will be considered
as part of the dwelling.
D.
All buildings on lots abutting Route 6 (Mill Street and Wareham Street)
shall be set back at least 50 feet from said right-of-way. No building,
except on lots on Route 6, need to be set back more than the average
of the setback of the building next thereto (within 250 feet) on either
side. A vacant lot, or lot occupied by a building set back more than
the minimum setback requirements, shall be counted as though occupied
by a building set back at this requirement.
E.
Frontage for the width of a lot shall be measured continuously along
one street line between side lot lines, provided that the shape of
the lot is capable of containing a rectangle with a width of at least
75 feet at the front of the property line and with sufficient length
that the area of the rectangle contains no less than 50% of the minimum
lot size requirement.
F.
Each lot shall have a width of not less than 80% of the required
frontage at all points between the sideline of the right-of-way along
which the frontage of the lot is measured and the nearest point on
the front wall of the dwelling upon such lot. Such width shall be
measured along lines which are parallel to such sideline. (See following
figure.)
 |
G.
The thinnest cross section of a lot must be greater than 70 feet
as determined from the length of a line segment running parallel to
the front lot line. Rear lot access is exempt from this requirement.
H.
On a corner lot, the frontage requirement shall be measured to the
midpoint of the curve forming the intersecting streets. On a corner
lot, an accessory use, including a visual screen, must comply with
the setback requirements relating to both streets.
I.
On corner lots, an accessory structure, including but not limited
to visual screening, shall comply with the requirements relating to
front and side setbacks for the district which it is located. No visual
screening such as fences, shrubs, or trees shall block the sight triangle
of oncoming traffic as to cause a safety hazard.
[Added 10-21-2019 STM
by Art. 15]
(1)
A
fence, hedge, wall or other enclosure may be maintained on a corner
lot, provided that no structure or vegetation shall be over 3.5 feet
in height from the road surface within the sight triangle.
(2)
The
"sight triangle" is defined as the area within a triangle formed by
two lines measured along the center of the nearest lane or the traveled
way of intersecting streets from the point of intersection for a distance
of 25 feet and a third line connecting the points of the two legs.
The height restrictions shall designate the distance above each point
in the plane of the sight triangle.
J.
The limitations of height in feet shall not apply to chimneys, ventilators,
skylights, water tanks, bulkheads, and other accessory features usually
carried above roofs, nor domes, towers, or spires of churches or other
buildings, provided such features are in no way used for living purposes,
and further provided that no structural feature of any building shall
exceed a height of 65 feet from the ground except by special permit
from the Board of Appeals.
K.
A detached accessory building shall conform to the minimum setback
requirements of the lot on which it is located except where a dwelling
exists on lots which are less than minimum requirements, in which
case the Board of Appeals may by special permit authorize such reductions
of setback requirements as may be reasonable with respect to the size
and shape of the lot and not hazardous or detrimental to the neighborhood
and the adjacent lots.
[Amended 4-25-1994 ATM
by Art. 25]
A.
On any lot which is less than the minimum lot size or frontage set forth in § 230-5.1, but which is allowed by MGL c. 40A, § 6 to be built upon, coverage of the lot by the dwelling, accessory buildings and other impervious-type surfaces or structures may not exceed 40% of ground area.
[Amended 4-22-1996 ATM
by Art. 26]
B.
If any existing lot contains more than one dwelling and the division
of such lot would result in one or both lots containing less than
the minimum requirements in said districts, said lot may be divided
with each lot having one dwelling and equal square footage and equal
frontage. Appeal from this restriction may be made to the Zoning Board
of Appeals, which may grant a special permit if equal division creates
a true hardship. This provision shall not apply when an accessory
building has been converted to an apartment under a special permit.
C.
One single-family dwelling may be constructed on any lot or combination
of adjoining lots, provided that said lots were held in common ownership
with that of an adjoining lot(s) that contains at least 5,000 square
feet of area and 50 feet of frontage on a way, provided that:
(1)
The lot or combined lots are located in a residential zoning
district;
(2)
The lots are shown on a plan of land as separate and identifiable
lots of record on a plan or deed duly recorded on the Plymouth County
Registry of Deeds or in the Land Court prior to January 1, 1996, and
in compliance with the Zoning Bylaw at the time of creation.
(3)
The lots will accommodate a residential dwelling that, when
constructed, will comply with side and rear setbacks of the Zoning
Bylaw as follows:
(4)
All lots will comply with the front setback requirements under
the Zoning Bylaw in effect at the time the lot was created.
[Added 10-25-2004 STM
by Art. S15]
[Added 4-4-1989 STM by
Art. 6; amended 5-8-2017 ATM by Art. 35; 10-21-2019 STM by Art. 16]
A.
Purpose.
(1)
Regulations covering multifamily housing are enacted to encourage
a limited amount of rental or ownership housing in Marion at a relatively
low density to facilitate affordable housing and construction needs.
Such housing must be served by public sewer and water. In keeping
with the community's desire to maintain Marion as a place where single-family
detached homes predominate, these regulations will apply only when
the Marion Town Meeting decides to designate an area or areas as Residence
E, Multifamily Residence.
(2)
The intent of these regulations is to encourage low-density multifamily housing designed to be compatible with the neighborhood in which it may be located. Pursuant to Article IX, Site Plan Review and Approval, all development exceeding a minimum threshold will be required to obtain site plan approval.
B.
Dimensional requirements.
(1)
Maximum lot coverage: 40%, the same to include the gross ground
floor area of all buildings and all parking areas.
(2)
Minimum usable open space. There shall be provided for each
lot or building site area a minimum usable open space of not less
than 40% of the lot area. Usable open space shall include all the
lot area not covered by buildings, accessory buildings and/or structures,
or surface parking areas. The area devoted to lawns, landscaping,
and other exterior uses provided they are permeable shall be included
as usable open space..
C.
Density requirements. The maximum allowable density shall be 12 dwelling
units per acre in areas served by public water and sewer. In determining
whether the density rate has been complied with, all land in the development
lot or parcel not reasonably suited for residential development, such
as wetlands, shall be excluded.
[Added 10-28-1997 STM
by Art. S4; amended 4-29-2003 STM
by Art. S8]
A.
Purpose. Marion has a number of estate properties located along the
waterfront, where large homes on large tracts of land, often along
with several smaller homes on the same tract or in separate parcel
ownership, have evolved as residential compounds served by a common,
private access road. A number of the large homes, which were built
for seasonal use originally, have been converted to year-round occupancy.
It is the intent of this section to preserve the estate and open space
characteristics of large tracts of land along the waterfront, including
parcels in more than one ownership, in a manner which minimizes Town
maintenance responsibility.
B.
Applicability. On tracts of 10 acres or more abutting tidal waters,
a waterfront compound comprised of dwelling units sharing common frontage
and a private access road or roads may be permitted, through the issuance
of a special permit by the Planning Board, in any single-family residential
district.
C.
Conditions. A waterfront compound shall meet all of the following
conditions:
(1)
Tract ownership. For the purposes of making an application under
this section, the minimum tract size may be comprised of parcels in
more than one ownership, providing evidence of legal arrangements
binding all property owners to the restrictions which may be imposed
in the granting of a special permit are presented with an application
for a special permit.
(2)
Tract frontage. The tract shall have a minimum frontage on a
public way equal to at least twice the minimum frontage required in
the residential district in which it is located, unless an island
surrounded by water.
(3)
Maximum number of dwelling units The waterfront compound shall
not contain more than one dwelling unit per two acres of land. Conversion
of larger estate residences to more than one dwelling unit is permitted
in a waterfront compound.
(4)
Dimensional requirements. There shall be no minimum lot width
or frontage requirements in a waterfront compound. On all lots which
abut the peripheral boundary of the tract, the setback requirements
from the peripheral boundary shall be the same as those which would
be required for the residential district in which the land is located.
(5)
Access. Each dwelling unit in the waterfront compound shall
have adequate and legally enforceable rights of access to a public
street via a private street or driveway or public waterway in case
of an island surrounded by water.
D.
Open space requirements. A minimum of 10% of the tract shall be contiguous
open space, excluding required yards and buffer areas. Such open space
may be separated by the road(s) constructed within the waterfront
compound. The percentage of the open space which is wetlands, as defined
pursuant to MGL c. 131, § 40, shall not normally exceed
the percentage of the tract which is wetlands; provided, however,
that the applicant may include a greater percentage of wetlands in
the open space upon a demonstration that such inclusion promotes the
purposes set forth above.
(1)
The required open space shall be used for conservation, outdoor
recreational facilities of a noncommercial nature, agriculture, preservation
of scenic resources and structures accessory to any of the above uses
(including swimming pools, tennis courts, stables and greenhouses),
and shall be served by suitable access for such purposes.
(2)
Underground utilities to serve the waterfront compound may be
located within the required open space.
(3)
The required open space shall, at the owner's election, be conveyed
to:
(a)
The Town of Marion or its Conservation Commission;
(b)
A nonprofit organization, the principal purpose of which is
the conservation of open space and any of the purposes for such open
space set forth above;
(c)
A corporation or trust owned jointly or in common by the owners
of lots within the waterfront compound. If such corporation or trust
is utilized, ownership thereof shall pass with conveyance of the lots
in perpetuity. Maintenance of the open space and facilities shall
be permanently guaranteed by such corporation or trust, which shall
provide for mandatory assessments for maintenance expenses to each
lot. Each such trust or corporation shall be deemed to have assented
to allow the Town of Marion to perform maintenance of the open space
and facilities if the trust or corporation fails to provide adequate
maintenance and shall grant the Town an easement for this purpose.
In such event, the Town shall first provide 14 days' written notice
to the trust or corporation as to the inadequate maintenance, and
if the trust or corporation fails to complete such maintenance, the
Town may perform it. The owner of each lot shall be deemed to have
assented to the Town filing a lien against each lot in the development
for the full cost of such maintenance, which liens shall be released
upon payment to the Town of same. Each individual deed, and the deed
or trust or articles of incorporation, shall include provisions designed
to effect these provisions. Documents creating such trust or corporation
shall be submitted to the Planning Board for approval and shall thereafter
be recorded in the Registry of Deeds.
(4)
Any proposed open space, unless conveyed to the Town or its Conservation Commission, shall be subject to a recorded restriction enforceable to the Town, providing that such land shall be perpetually kept in an open state, that it shall be preserved exclusively for the purposes set forth in Subsection D(1) above and that it shall be maintained in a manner which will ensure its suitability for its intended purposes.
(5)
All deed restrictions with respect to ownership, use and maintenance
of permanent open space shall be referenced on and recorded with the
plan.
E.
Limitation on further subdivision. No waterfront compound for which
a special permit has been issued under this section may be further
subdivided and a notation to this effect shall be shown on the plan.
F.
Decision. A special permit may be granted under this section by the
Planning Board, provided:
G.
Additional conditions. Any special permit authorizing a waterfront
compound shall require that individual deeds for lots or dwelling
units within the compound contain the following terms:
(1)
The land lies within an approved waterfront compound conservation
area;
(2)
The development of the land is permitted only in accordance
with the land uses indicated in the Planning Board's special permit
decision;
(3)
The Town will not be requested to accept or maintain the private
access, drainage, open space (except as may be determined during the
course of site plan review) or other improvements within the waterfront
compound.
H.
Relation to other requirements. The submittals and permits of this
section shall be in addition to any other requirements of the Subdivision
Control Law or any other provisions of this Zoning Bylaw.
[Added 10-25-2004 STM
by Art. S22; amended 10-19-2021 STM by Art. 6]
A.
Purpose. The purpose of this section is to allow, upon receipt of
both a special permit and approval from the Select Board, pursuant
to 760 CMR 45.00 (Local Initiative Program), the development of a
lot that has lot vested rights under the Zoning Act and/or the Marion
Zoning Bylaw.
B.
The Select Board may grant a special permit to build one single-family
dwelling on any lot or combination of existing adjoining lots, provided:
(1)
The Select Board votes to endorse the application pursuant to the Select Board's authority contained within 760 CMR 45.00 and grants a special permit pursuant to § 230-7.2 of the Zoning Bylaw;
(2)
Said existing lot or lots were held in common ownership with
that of adjoining land, which, when combined with any other land,
contains at least 5,000 square feet of area and 50 feet of frontage
on a street, as defined in the Zoning Bylaw;
(3)
The lot or combined lots are located in a zoning district where
residential use is permitted;
(4)
The lot(s) are each shown on a plan of land as a separate and
identifiable lots of record on a plan or deed duly recorded in the
Plymouth County Registry of Deeds or in the Land Court prior to January
1, 1996; and
(5)
The lot(s) is subject to a deed restriction and regulatory agreement
limiting, for a period of no less than 99 years, the sale or rental
of the dwelling unit to a qualified individual pursuant to guidelines
established by the Planning Board, said guidelines to be consistent
with the purpose and intent of 760 CMR 45.00 and MGL c. 40B, §§ 20
to 23 and is approved by the Select Board, or its designee.
In General Business, Marine Business and Limited Industrial Districts, it is desirable that a portion of each lot be left in an unpaved, unbuilt-upon condition, after allowing for the parking space required by § 230-6.5, with a goal of a minimum of 20% of the lot area in this open condition.
