Zoning Amendments 2015 Changes to Dimensional Requirements
Slide 2
Problem: Clarification is needed on how the lot width zoning
requirement, Section 4.1.2.1, is interpreted and applied. Solution:
The proposed amendment clearly defines how the required lot width
is to be measured and adds two new lot width definitions to
regulate lot shape. Changes regarding required front setbacks,
corner lots, and lot line definitions are also proposed.
Slide 3
EXISTING ZONING REQUIREMENT Section 4.1.2.1. Lot width. Lot
width shall be measured as the shortest distance between side lot
lines taken through the dwelling. In the event of an irregularly
shaped lot and a question as to the identification of the
appropriate side lot lines for the foregoing measurement, the
matter shall be decided by the Building Commissioner with the
advice of the Planning Board. At no point between the street
frontage line and the principal structure shall the lot be narrower
than 75% of the required lot frontage. CURRENT PRACTICE Currently,
the way the lot width requirement is enforced is parallel to a line
drawn connecting the two points where the frontage meets the side
lot lines and taken through at least one point of the building
layout. This explanation is not found in the zoning bylaw. However,
if the lot is irregular the Planning Board can allow the lot width
requirement to be measured in different ways. There is no
definition of what constitutes irregular. EXAMPLE 1
Slide 4
4.1.2.1. Lot width. Lot width shall be measured as the shortest
distance between side lot lines taken through the dwelling. In the
event of an irregularly shaped lot and a question as to the
identification of the appropriate side lot lines for the foregoing
measurement, the matter shall be decided by the Building
Commissioner with the advice of the Planning Board. At no point
between the street frontage line and the principal structure shall
the lot be narrower than 75% of the required lot frontage. This
requirement is ignored Currently no definition of side or rear lot
lines exists Buildings do not usually exist when new lots are
created Irregularly shaped lot is not defined. When is Planning
Board advice required or necessary? No set criteria to base
decisions re: irregular lots, no records kept of advice,
inconsistent advice A second lot width requirement that is not
found in Table of Dimensional Requirements can confuse readers
Slide 5
State Zoning Protection for Lots MGL, c. 40A, 6 (Pre-existing
Uses, Structures and Lots) gives different forms of protection to
lots created by both the Approval Not Required (ANR) and the
Subdivision process. ANR lots under separate ownership that
conformed to zoning at the time they were created, are exempt from
dimensional zoning changes forever. ANR lots under common ownership
(up to 3 abutting lots owned by the same entity) are exempt from
dimensional changes for five years. Lots approved as part of a
Definitive Subdivision plan are exempt from all changes in zoning
(dimensional and use) for eight years from the date the plans were
endorsed as approved by the Planning Board. The effect of the above
described zoning "freeze" protection is that all lots that were
created before any zoning change, and conformed to the zoning in
effect when they were approved, are exempt from new zoning changes
for periods of time long enough(and in some cases forever) for
their owners to take advantage of the zoning freeze before it
expires.
Slide 6
Town Zoning Protection for Lots The Middleton Zoning Bylaw,
Section 3.3.5, allows changes to be made to residential 1 & 2
family structures on non-conforming lots with approval from the
building inspector as long as the proposed change does not increase
the non-conforming nature of the building. In the case of any
changes to the "minimum lot width", no proposed change to a
residential structure could increase the lots non-conformance with
a revised "minimum lot width" regulation. A non-conformity caused
by the fact that a lot does not meet a new definition of "minimum
lot width" would be similar to a non conformity caused by an
increase in the minimum frontage or minimum lot area requirements.
As long as all current setback, lot coverage, and building height
requirements are met, a building permit would be issued.