(1) 
Changes to a structure or lot - The erection, extension, alteration, or moving of a structure or the creation or change in size or shape of a lot (except through a public taking), shall meet the minimum requirements set forth in Article 11, unless otherwise expressly provided for by Article 11 or by MGL c. 40A, § 6.
(2) 
Changes to shape of abutting lots - The shape of two or more contiguous existing lawful building lots may be changed provided the area of each lot remains the same or meets the current minimum requirements in the zoning district and the total number of buildable lots is the same or less. No lot reconfigured under § 240-11.1A(2) shall lose its buildable status, and no lot shall be made nonconforming.
(1) 
New lot created from existing lot - Where a lot is formed from a part of a lot already occupied by a building, this separation shall be effected in a manner as not to impair any of the requirements of Article 11 with respect to the existing building and all yards and other open spaces in connection therewith. No permit shall be issued for the erection of a new building on the new lot thus created unless it complies with all provisions of this bylaw.
(2) 
One dwelling per lot - Not more than one dwelling shall be erected on a single lot except for multifamily use and accessory dwelling units as allowed for within designated zoning districts. An existing, nonconforming use of two or more structures on a single lot, as of January 1, 1981, not previously used for year-round habitation, may not be altered, reconstructed, extended, or changed structurally, except by special permit from the Zoning Board of Appeals. Year-round habitation is deemed to be an extension of use.
(1) 
Requirements
Table of Lot Area/Width/Frontage Requirements
District
Minimum Lot Area
(square feet)
Minimum Lot Width
(linear feet)
Minimum Frontage
(linear feet)
Single Residence AA
80,000
200
1504
Single Residence A
45,0004
150
100
Single Residence B7
40,0004
125
100
Single Residence C7
40,0004
100
100
General Residence
20,0004
1254
100
Senior Care Retirement
45,000
150
100
Public Use
45,0004
150
100
Agriculture AA
80,000
200
1504
Agricultural A
45,0004
150
100
Agriculture B
40,0004,8
125
1004
Marine
20,0004
100
100
Business 1
n/a
n/a
n/a
Business 22
40,000
200
200
Business 3
Note1
Note1
Note1
Business Redevelopment
20,000
125
100
Light Industrial A3
40,000
150
150
Light Industrial B
80,000
200
100
Light Industrial C
40,000
200
150
Large Scale Ground Mounted Solar Overlay District
304,920 (7 acres)
Underlying zoning district requirement
Underlying zoning district requirement
Water Resource Overlay District
80,000
200
150
Wildlife Corridor Overlay District see § 240-7.6B(6)
1
Requirements are those of the nearest Single Residence, General Residence, or Agricultural Districts.
2
No requirements for building on lots owned separately from abutting property on February 1, 1979.
3
No requirements for building on lots owned separately from abutting property and zoned Light Industrial A, as of January 1, 1981.
4
This shall not apply to any residential lot shown on a plan endorsed by the Planning Board as of April 2, 1984, if the lot conforms to the bylaw requirements on that date. This shall also not apply for the purpose of special permit applications under § 240-10.3B(3)f., provided that the provisions of this sentence shall not apply to more than three adjoining lots in common ownership. This protection shall not restrict the Planning Board from considering alternatives to issuance of a special permit under § 240-10.3B(3)f.
5
Frontage for all lots along Route 151 extending from Route 28A to the Mashpee Town line and along Route 28 from the Bourne Town Line to the Mashpee Town line shall be a minimum of 500 linear feet for all zoning districts. This restriction shall not apply to lots endorsed by the Planning Board as of October 1, 1985.
6
This shall not apply to any residential lot shown on a preliminary or definitive subdivision plan submitted to the Planning Board between March 1, 1983, and April 2, 1984, and subsequently approved between April 2, 1984, and December 31, 1984.
7
This shall not apply to any lot shown on a plan endorsed by the Planning Board prior to April 1, 1993, or to any lot shown on a subdivision plan submitted for approval to the Planning Board prior to April 1, 1993, and subsequently endorsed after that date.
8
This shall not apply to any lot shown on a plan endorsed by the Planning Board prior to April 1, 1993, and subsequently endorsed after that.
(2) 
Lot width - No part of any lot shall be narrower than 50 feet in any dimension except at the corners. This provision shall not apply to a lot shown on a plan or described in a deed duly recorded at the Registry of Deeds as of April 1, 1996, which, at the time of a Zoning Bylaw change, conformed to the then existing requirements for the zoning district in which it is located.
(3) 
Lots for commercial accommodation.
a. 
Except in Business or Light Industrial Districts, lots for boarding and lodging houses, hotels, inns, and motels shall meet the following minimum requirements:
i. 
For commercial accommodations containing five or fewer guest units, the lot shall contain not less than the minimum area, in square feet, required for a single residence in the district where the building is to be located and shall otherwise conform to the regulations of the zoning district in which it is located.
ii. 
For commercial accommodations containing six to 15 guest units, inclusive, the lot shall contain not less than the minimum area, in square feet, required for a single residence in the district where the building is to be located, plus an additional 1/5 of the minimum area required for a single residence in the district for each guest unit over five.
iii. 
For commercial accommodations containing more than 15 guest units, the lot must meet the requirements of § 240-11.2B(3)a.i.-ii. above, plus an additional 1/10 of the minimum area required for a single residence in the district of each guest unit over 15.
iv. 
For commercial accommodations lawfully in existence and operating as a commercial accommodation as of August 26, 1983, the lot shall contain not less than the minimum area in square feet required for a single-family residence in the district where the building is to be located, plus an additional 1/10 of the minimum area required for a single residence in the district for each guest unit over five where the building is to be located, except where § 240-11.2B(3)c. below, would apply.
b. 
In Business and Light Industrial Districts, the following requirements as to whether commercial accommodations are allowed or not, and how they are restricted, shall apply:
i. 
Industrial A and Industrial B Districts: not allowed.
ii. 
Business 1: not allowed.
iii. 
Business 2 and Business Redevelopment: allowed. The lot shall contain not less than 10,000 square feet of area plus an additional 1,000 square feet for each guest unit over five. For commercial accommodations in existence and lawfully operating as a commercial accommodation as of January 20, 1984, additional guest units may be added under the provisions of § 240-9.4 provided that the lot contains not less than 1,000 square feet of area for each guest unit, either existing or proposed.
iv. 
Business 3: allowed. The lot shall contain not less than 15,000 square feet of area plus an additional 1,500 square feet of area for each guest unit over five. For commercial accommodations in existence and lawfully operating as a commercial accommodation as of January 20, 1984, additional guest units may be added under the provisions of § 240-9.4 provided that the lot contains not less than 1,000 square feet of area for each guest unit, either existing or proposed.
c. 
Waiver of lot size requirements - The minimum lot size requirements for a boarding or lodging house may be waived, by special permit, by the Board of Appeals if a structure had been issued a lodging house license for the calendar year 1976 or 1977.
(4) 
Special permit for reduced lot widths - The Planning Board may, by special permit, allow the creation of lots with less than the required lot width if topographic or other physical conditions so warrant and if the special permit conditions found in § 240-12.1E are satisfied. The Planning Board may not create a lot under this section with less than 80% of the required lot width.
(1) 
Requirements - Lot coverage shall not exceed the requirements in the lot coverage table below. Excluded from lot coverage are materials considered pervious by the Building Commissioner, including pervious concrete, pavers, and similar material.
Table of Maximum Lot Coverage Percentage (%)
District
Structures
Structures/Paving/Parking
Residence AA, A, B, C Agricultural AA, A, B
20
40
General Residence
20
50
Senior Care Retirement
20
403
Business 1
70
90
Business 2 Light Industrial A
401 2
70
Business 3
351 2
65
Business Redevelopment
20
60
Light Industrial B
40 (see (2) below)
70
Light Industrial C
40
70
Marine
402
70
Public Use
402
70
1
Except that the maximum lot coverage of structures banks, fast-food establishments, or motor fuel service stations shall be 12% coverage and shall be 18% for other restaurants.
2
For lots where 30% or more of the lot area is covered by buildings lawfully in existence on April 2, 1979, additions may cover up to 40% of the remaining unbuilt-upon area.
3
In the Senior Care Retirement District, the 40% maximum coverage includes structures, paving, and parking.
(2) 
Light Industrial B - In this district the portion of any lot which may be covered by any nonresidential building shall be as follows:
a. 
Lot area up to eight acres: 25%
b. 
Lot area from eight to 15 acres: 30%
c. 
Lot area from 15 to 25 acres: 40%
d. 
Lot area over 25 acres: 50%
(3) 
Business 2 & 3, Industrial A & B, and Public Use Districts - lot coverage & landscaping - In these Districts the difference between the maximum percentage of lot coverage by structures, paving, and parking and the gross total lot area shall not be used for any vehicular parking or storage. That area shall be maintained with landscaping, including shade and other trees, in landscaped areas of at least four feet in width. Trees and landscaped areas shall be located so as to provide visual relief, shade, and wind breaks within the site, and to assure a safe pattern of internal circulation. Landscaping and plantings shall conform in all respects to § 240-14.3.
(4) 
Residence B & C, and Agricultural B Districts lot coverage increase - In these Districts a maximum 25% lot coverage for a structure may be allowed by special permit from the Board of Appeals. In issuing the special permit the Board shall take into consideration the following:
a. 
Size/height of the structure relating to the average size/height of neighborhood structures;
b. 
The effects of shadow on adjacent properties;
c. 
The impact on views and vistas from public ways; and
d. 
The effect of nitrogen on coastal embayments.
(5) 
Lot coverage increase by Planning Board special permit - For uses other than a single-family detached dwelling, a semidetached dwelling, or a two-family dwelling, a percentage of lot coverage by structures and paving greater than provided in the table in 240-11.3A(1) may be allowed by a Planning Board special permit. The Board may approve a special permit based on calculations submitted and prepared by a professional engineer indicating the following:
a. 
Stormwater runoff from the site will not be increased following development by more than 10% in a ten-year storm;
b. 
The soil loss rate from the site will not be increased above the existing rate by more than 10% following development; and
c. 
The average summer daily trip generation will not exceed four trips per linear foot of lot frontage.
The Planning Board shall also determine that erosion control methods to be employed during construction will be adequate to prevent excessive soil loss and that all landscaping and screening requirements will be met.
(6) 
Light Industrial C District - In this District, total lot area disturbance shall not exceed 70%.
(1) 
Setback from street frontage - Minimum setbacks from the street frontage shall be 25 feet, with the following exceptions:
a. 
Minimum setbacks (except in Business 1 Districts) for structures, other than listed in § 240-11.4A(1)b., shall be:
i. 
35 feet from Routes 28 & 28A, and Sandwich Road from Route 28 to Joint Base Cape Cod;
ii. 
50 feet from Thomas Landers Road from Route 28 east to the Hill and Plain line; or
iii. 
75 feet from Route 151, from Route 28A to the Mashpee Town line.
b. 
Multifamily dwellings and commercial accommodations, if exceeding 2 1/2 stories, shall have a minimum setback from the street frontage of 50 feet.
c. 
Certain required building lines, adopted by Town Meeting vote (not adopted into the Zoning Bylaw) and on file with the Town Clerk shall also be observed on portions of Main Street, East Main Street, Davis Straits, Elm Arch Way, and Robbins Road (See ATM 1929, Art. 85; STM 1949, Art. 1; STM June 1956, Arts. 15 and 16; ATM 1957, Art. 70.).
d. 
In Business 1 Districts, no setback from the street frontage is required except as specified in § 240-11.4A(1)b. and c.
e. 
For nonresidential uses in Light Industrial Districts, see § 240-11.4A(3).
f. 
For lots in Business 2, Business 3, and Industrial A Districts where 30% or more of lot area is covered at the time of application by buildings lawfully in existence on April 2, 1979, no setback is required except as specified in § 240-11.4A(1)a., b., and c.
g. 
In the Business Redevelopment District the front yard setback shall be 20 feet.
h. 
No setback is required for structures located in the Public Use District that are used for municipal purposes and that are less than 3,000 square feet in size.
i. 
The Zoning Board of Appeals, may issue a special permit for an accessory structure in a front yard, but the structure shall not be located closer to the street frontage than 50 feet.
j. 
No setback is required for stonewalls, retaining walls, fences, gates, memorials, paved driveways, or other paved areas located in an Historic District created pursuant to c. 645 of the Acts of 1975, as amended, and that, in the opinion of the Building Commissioner, are visible from a public way.
(2) 
Setback from side and rear lot lines - Side and rear setbacks shall meet the following:
a. 
For residential structures, and appurtenant accessory structures larger than 100 square feet, except piers, floats, docks, and bulkheads, the minimum setback in all districts shall be 10 feet; for sheds of 100 square feet or less the minimum setback shall be three feet.
b. 
For multifamily dwellings and commercial accommodations that exceed 2 1/2 stories, the minimum side setback shall be the building height and the minimum rear setback shall be 100 feet.
c. 
For principal structures other than dwellings in Residence, Agricultural, Business 2, Business 3, and Marine Districts, the minimum setback shall be 20 feet.
d. 
For structures in Light Industrial Districts, see § 240-11.4A(3).
e. 
For structures in Public Use and Business 1 Districts, no required setback.
f. 
A side or rear yard may contain an accessory structure not over 1 1/2 stories high if not covering more than 30% of its area.
g. 
No building shall be located within 25 feet of the boundary of a district in which its use is prohibited.
h. 
For lots in Business 2, Business 3, and Industrial A Districts where 30% or more of lot area is covered at the time of application by buildings lawfully in existence on April 2, 1979, no side or rear setback is required except as specified in § 240-11.4A(2)a., b., and c.
i. 
In the Business Redevelopment District the side/rear yard setbacks shall be 10 feet.
j. 
No setback is required for stonewalls, retaining walls, fences, gates, memorials, and paved driveways or other paved areas located in an Historic District created pursuant to c. 645 of the Acts of 1975, as amended, and that, in the opinion of the Building Commissioner, are visible from a public way.
(3) 
Light Industrial Districts - Setbacks in Light Industrial Districts A, B, and C shall meet the following:
a. 
In Light Industrial District A, the setback of any nonresidential building or area used for storage of materials or equipment shall be at least 50 feet from a street line, and at least 35 feet from any lot line, except that in no event shall any such structure or area of use be within 50 feet of the boundary of a district in which the use is prohibited. The zone of setback, except as provided in § 240-14A.(2)h, shall be free of parking areas or outdoor storage and shall be landscaped with a lawn or shrubs. It shall retain all native trees greater than three inches in caliper at a height of four feet from the ground, providing the thickness of vegetation shall not block the view of oncoming traffic to constitute a hazard to vehicles exiting from access driveways. If few trees exist naturally, trees not less than eight feet tall shall be planted and maintained at densities not less than one tree for every 400 square feet. In addition, one shrub per 400 square feet shall also be planted.
b. 
In Light Industrial District B, the setback of any nonresidential building, fence, or enclosure from a street or other lot line shall be not less than 10% of the depth or width of the lot, but in no case closer to the street line than 100 feet or closer to any other lot line than 50 feet.
c. 
In Light Industrial District C, the minimum front yard setback shall be 35 feet; side and rear yard minimum setbacks shall be 10 feet.
(4) 
Setbacks from water bodies - No principal structure except piers, floats, and docks located in the Marine District shall be erected less than 50 feet from the waters of Buzzards Bay, Great Harbor, Vineyard Sound, Nantucket Sound, or any tidal ponds, tidal rivers, or freshwater ponds and freshwater rivers. However, there shall be no minimum setback from:
a. 
The waters of Great Harbor in Woods Hole;
b. 
The Town Landing at Gosnold Road and Bar Neck Road southeasterly and easterly to the southern property line of the land of the Steamship Authority, (off Cowdry Road in Woods Hole); and
c. 
The waters of Little Harbor in Woods Hole at land belonging to the United States Government known as the Coast Guard Station at Woods Hole.
Maximum Building Height and Stories
District
Height
(in feet)
Stories
Agricultural AA, A, B
1.
35
2 1/2
2.
50 for structures used for agricultural purposes1
Residence AA, A, B, C
35
2 1/2
General Residence
35
2 1/2
Senior Care Retirement
352
3
Business 1
35
2 1/2
Business 2
35
2 1/2
Business 3
35
2 1/2
Business Redevelopment
35
2 1/2
Light Industrial A
35
2 1/2
Light Industrial B
40
3
Light Industrial C
40
3
Marine
35
3
Public Use
1.
35
1.
2 1/2
2.
50 for community service uses
2.
3 for community service uses
3.
No limit for municipal uses
3.
No limit for municipal uses
Accident Prevention Overlay District
35 (includes accessory structures)
Search and Rescue Overlay District
100 (includes accessory structures)
1
Measured from the base of the structure to its highest point.
2
The Planning Board may increase the height to 45 feet, upon good cause shown by the applicant, provided that for every one-foot increase in height all minimum setbacks are increased by two feet.
(1) 
Maximum height - Unless otherwise provided for in the Maximum Height Table above, the maximum height for accessory structures shall be 22 feet.
(2) 
Zoning Board special permit - On lots of two acres or greater, the Zoning Board of Appeals may grant a special permit to allow an accessory structure to have a maximum height of 25 feet, subject to the following requirements:
a. 
The lot shall not be divided below the two acre minimum;
b. 
No accessory apartment shall be allowed; and
c. 
The suitability of the site is sufficient to allow an increase in height so that there will not be any adverse impact on neighborhood visual character or obstructions of views and vistas.
Caveat - There are three sections in the Zoning Bylaw that include specific language related to density (units per acre). That language is shown below. Note that for each of these categories, with one exception, the language is only an excerpt related specifically to density and does not include the entire language for that topic. For affordable housing development see § 240-9.2. For business redevelopment see § 240-6.2.B. For public or nonprofit housing for seniors, the language shown below consists of all language related to that topic.
Number of affordable units - The number of units allowed above the "as-of-right" density shall be subject to negotiation and will be determined with due regard to the project approval requirements of § 240-9.2. The maximum density increase shall be no more than 25% of the density allowed by a standard subdivision.
(1) 
Multifamily dwellings - Board of Appeals special permit - The Board of Appeals may grant a special permit for multifamily units greater than six units per acre, not to exceed eight units per acre.
(2) 
Findings - The Board shall make the following findings:
a. 
The public good will be served;
b. 
The Business Redevelopment District would not be adversely affected; and
c. 
The uses permitted in this District would not be noxious to the multifamily use.
(1) 
Regulations - The density for public or nonprofit housing for seniors shall be not greater than six units per acre.
(2) 
Water Resource Protection Overlay District - Public or nonprofit housing for seniors which is located within a Water Resource Protection Overlay District served by the municipal sewer system shall have a density not greater than six units per acre. Public or nonprofit housing for Seniors which is located within a Water Resource Protection Overlay District served by a septic system shall have a density not greater than that allowed for single-family detached dwellings in that District.
(1) 
Building permit - No building permit shall be issued for any principal structure erected on a lot fronting on fresh or tidal waters listed in the table in § 240-11.7B(2) below until a plan certified by a registered land surveyor is furnished to the Building Commissioner. This plan shall clearly delineate the distance from the proposed structure to the water body.
(2) 
Single-family dwelling special permit - Any lot shown on a plan or described in a deed duly recorded at the Registry of Deeds that has less than 125 feet depth from the measured water mark to the front, side, or rear lot line, whichever is greater, shall be eligible to apply to the Board of Appeals for a special permit to construct a single-family dwelling if, when all setbacks are taken into consideration, including the fifty-foot setback required herein, the minimum average width of the remaining building envelope is less than 60 feet. In no case shall the Board of Appeals grant a special permit to construct a single-family residence less than 30 feet from the measured water's edge, as described above.
(1) 
Buzzards Bay and Tidal Waters - The waters of Buzzards Bay, and tidal ponds and tidal rivers off Buzzards Bay, shall be determined by the contour line of the four-foot elevation based on the National Geodetic Vertical Datum 1988. The tidal waters of Great Harbor, Vineyard Sound, and Nantucket Sound and all tidal ponds and tidal rivers off Vineyard Sound and Nantucket Sound shall be determined by the contour line of the three-foot elevation based on the National Geodetic Vertical Datum 1988.
(2) 
Fresh Ponds - The waters of fresh ponds shall be measured from the elevations as follow:
Fresh Pond
Elevation
(feet)
Fresh Pond
Elevation
(feet)
Ashumet Pond
37
Morse Pond
7
Cedar Lake
11
Nyes Pond
7
Coonamessett Pond
35
Round Pond
23
Crocker Pond
12
Round Pond near Coonamessett Pond
37
Crooked Pond
12
Shallow Pond
29
Deep Pond
37
Shivericks Pond
4
Deer Pond
19
Siders Pond
4
Flax Pond
21
Spectacle Pond (near Mares Pond)
15
Flax Pond (near John Parker Road)
14
Spectacle Pond (near Sam Turner Road)
33
Fresh Pond
21
Trout Pond (near Chester street, formerly Flax Pond)
8
Grassy Pond
41
Unnamed Pond in the Coonamessett Valley below Sandwich Road)
16
Jenkins Pond
21
Weeks Pond
7
Jones Pond
8
Wings Pond
11
Mares Pond
15
The waters of any other fresh pond shall be determined by the contour of the highest observed elevation, established by measuring the existing elevation and adjusting that elevation by using the methods specified in the U.S.G.S. Open File Report 80-1008, as if the waters of the pond were the groundwater.