Section 32. Dimensional Regulations and Exceptions.
32.1 Exemptions. Certain lots in subdivisions or in separate ownership are exempt from some of these requirements through Section 6 of Chapter 40A, General Laws. In addition, lots in nonresidential districts and / or to be built upon for nonresidential use shall enjoy the same exemption as if being built upon for residential use in a residential district. (By-Laws of 4-1-78, Art.40)
32.2 Yards. Article 2 notwithstanding, no building need provide a front yard larger than the average of the front yards of all existing buildings within 600 feet on the same side of the street.
32.3 Street Lines. Where no street line has been established or can be readily determined, such line shall be assumed to be twenty-five feet from the center of the traveled roadway for the purpose of applying this By-law.
32.4 Corner Vision. No sign, opaque fence, hedge, or similar obstruction shall be permitted to block vision at eye level (2 1/2 to 8 feet above street grade) between streets within twenty (20) feet or less from their intersection.
32.5 Splitting Two-house Lots. Any lot on which more than one dwelling legally existed at the time of adoption of this provision may be divided and sold to separate owners provided that such division be made so as to create the minimum of non-conformance, provided that each resulting lot contains a dwelling, and provided that each dwelling has at least twenty foot frontage on a right-of-way to a public way.
32.6 One Structure Per placeLot. No more than one (1) residential structure shall be erected on any lot, except that more than one (1) multifamily structure may be placed on a lot if the Planning Board, in its deliberations on an application for a special permit for multifamily dwellings under Section 14.11(a), determines that each such multifamily structure will be served by access equivalent to that required for single or two-family structures on separate lots under the rules and regulations governing the subdivision of land in Millbury, Massachusetts. Not more than one (1) principal nonresidential structure shall be erected on a lot unless each such structure is served by access determined by the Building Inspector to be functionally equivalent to that
required for separate lots by the Planning Board under its Subdivision Regulations.
32.7 Dwelling Equivalents. Each two guest units in a hotel or motel, each four beds in a hospital or nursing home, and accommodations for four persons in a boarding house, residential social service facility, dormitory, or other group living arrangement shall be considered equivalent to a dwelling unit in determining required lot area.
32.8 Special Density Provisions. For multifamily dwellings in the Business I district, the lot area requirements of the Business II district shall apply, except that the special permit granting authority may grant a special permit for a reduction provided that the following are complied with:
(a) At least twenty (20%) percent of the lot area shall be maintained with lawns, shrubs, or other vegetative cover.
(b) The lot area provided shall not be less than twelve thousand five hundred (12,500) square feet, and also not less than the smaller of:
(1) One thousand two hundred fifty (1250) square feet per dwelling unit, plus five hundred (500) square feet per bedroom, plus the ground coverage for any nonresidential use; or
(2) For new structures only, seventy-five (75) per cent of the lot area per dwelling unit presently provided on the site, in cases where the site is presently occupied by a dwelling.
32.9 Wind Energy Conversion Systems. Wind energy conversion systems (i.e. windmills) shall be considered allowable structures and uses in all districts, provided the following requirements are met:
(a) The use of such a system is accessory to a residential or agricultural use of the property or an adjacent property and the energy generated by such a system is consumed primarily by such residential or agricultural uses.
(b) Such wind energy conversion systems shall be located at least one tower height plus one rotor radius away from all public ways and any structures not located on the same lot.
(c) The maximum allowable noise level for a wind energy conversion system, measured at the nearest property line, shall not exceed seventy-five (75) decibels (db).
(d) Test date, or other forms of proof satisfactory to the building inspector, is submitted to prove that the wind energy conversion system will not cause electromagnetic interference at abutting residences.
Commercial and other wind energy conversion system installations shall be allowed only by special permit from the special permit granting authority. Such special permit shall only be granted where the installations will be at least one tower height plus a one rotor radius distance from all public ways and property lines and upon a determination by the special permit granting authority that such installation will not create any danger to the public safety; generate ambient noise levels in excess of those to be expected from other allowable uses in the zoning district; nor produce any electromagnetic interference at nearby residences.
32.10 Conformity of Lots. No lot, yard, frontage, required open space, or parking area shall be so reduced or maintained that yards, other open spaces, total lot area, or parking areas shall be smaller than prescribed by this by-law. After the date of adoption of this by-law, land in all districts shall be subdivided so that every lot conforms to this by-law.
32.11 Required Yards Cannot Be Used By Another Building. No part of a yard, parking space, or other open space required for any building or use for the purpose of complying with the provisions of this by-law shall be included as part of a yard, parking space, or other open space required under this by-law for another building except as provided in section 32.10.
32.12 Odd-Shaped Lots Prohibited. No building permit shall be issued for any new construction on a lot which has a regularity factor of less than four-hundredths (0.4). The regularity factor shall be determined by the formula:
Regularity = 16 x Land Area (in square feet)
Perimeter² (in feet)
That part of the lot area in excess of the required lot area may be exclude from the Regularity Formula in determining the regularity factor. The perimeter containing the excess area shall not include the required frontage.
The Regularity Formula shall not apply to lots of record as of the date of adoption of this section.
(By-laws of 5-27-75, Art. 86(3); By-laws of 4-2-77, Art. 65, s.2; By-laws of 4-1-78,
Art 40; By-laws of 4-3-82, Art. 52: By-laws of 6-4-83, Art. 5; By-laws of 6-6-89, Art.
75,s. 6; By-laws of 6-6-89, Art. 76, s. 7, By-laws of 6-6-89, Art. 78, s. 9; By-laws of
5-7-91, Art.52, By-laws of 5-2-06, Art. 47)
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