SECTION 4.0 DIMENSIONAL REQUIREMENTS

4.1 GENERAL

4.1.1 Compliance Required. In each district, no land shall hereafter be used, occupied or changed and no structure or building shall hereafter be erected, altered, moved or used or occupied unless it complies with the provisions set forth in the Table of Dimensional Requirements, except as provided in G.L. c. 40A, s. 6 for non-conforming circumstances. Variations and exceptions from these minimum requirements may be specifically provided elsewhere in this By-law.

4.1.2 Reduction of Occupied Lots. No lot on which a building is located in any district shall be reduced or changed in size or shape so that the building or lot fails to comply with the lot area, frontage, coverage, setback, yard or other provisions of this By- law applicable to the construction of said building on said lot. This prohibition shall not apply, however, when a portion of a lot is taken or conveyed for a public purpose.

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4.1.3 Limitation on Dwellings. Not more than one building constructed as a dwelling, or so used, shall be located on any lot except as provided by Section 8.0 Special Residential Regulations.

4.1.4 Table of Dimensional Requirements – Residence Districts

REQUIRED SRAA SRA SRB SRC GR Min. Lot Size (sq. ft.) 45,000 30,000 15,000 10,000 10,000 Min. Non-wetland 30,000 20,000 12,000 7,500 7,500 Area (sq. ft.) Lot Width(through 200’ 150’ 115’ 100’ 100’ the principal dwelling) Lot Frontage and 125’ 100’ 100’ 100’ 100’ frontage lot width (ft.) Max. Lot Coverage 25 25 25 25 30 (%) All Dwelling Units Front Yard Setbacks 60’ 40’ 30’ 30’ 30’ Rear Yard Setbacks 35’ 35’ 35’ 35’ 35’ Side Yard Setbacks 40’ 20’ 15’ 10’ 10’ Maximum Height 1 25’ 25’ 25’ 25’ 25’ Accessory Structures (Non-Dwelling) 60’ 40’ 30’ 30’ 30’ Front Yard Setbacks 20’ 20’ 5’ 5’ 5’ Rear Yard Setbacks Side Yard Setbacks 20’ 20’ 5’ 5’ 5’

Maximum Height 15’ 15’ 15’ 15’ 15’

1 See Section 4.3.6 for exceptions

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4.1.5 Table of Dimensional Requirements - Nonresidential Districts

REQUIRED B CB LI I Min. Lot Size 1.5 acres Lot Width(through the principal building) Lot Frontage 100’ 100’ Max. Lot Coverage (%) 50 90 40 50

Principal Building Front Yard Setbacks 25’ 15’ 60’ 60’ Rear Yard Setbacks 2 5’ 5’ 25’ 10’

Side Yard Setbacks 5’ 5’ 25’ 20’

Maximum Height 3 40 40 40 40

Accessory Structures Front Yard Setbacks 25’ 15’ 60’ 60’

Rear Yard Setbacks 5’ 5’ 5’ 5’

Side Yard Setbacks 5’ 5’ 5’ 5’ Maximum Height 15’ 15’ 15’ 15’

4.1.6 Notes to Tables of Dimensional Requirements. The following notes shall be construed as requirements of this By-Law.

1. Computation of Non-Wetland Area. In computing the "Non-Wetland Area" required for a Residential Lot, no portion of any brook, creek, stream, river, pond, lake or reservoir or portion thereof, nor any freshwater wetland as defined by the Massachusetts Wetlands Protection Act, MGL Chapter 131, Section 40, not any portion of a way or street, as defined by the By-law may be included in the minimum required Non-Wetland Area.

2. Not Used.

2 Setback shall be no less than thirty-five (35) ft. when rear property line abuts residential district or a lot with a residential building as the primary structure 3 See Section 4.3.4 for exceptions

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3. Accessory Structures on Residential Lots (Non-Dwelling). a. Permitted and required accessory uses to residential properties shall be on the same lot of record as the principal use to which they are necessary and shall be such as not to alter the character of the premises on which it is located. b. On lots less than three acres, no freestanding accessory structure shall occupy part of the required Front Yard. c. In no case shall an accessory structure be allowed that is larger in size or height than the principal building. d. See the Table of Dimensional Requirements – Residence Districts for rear and side setbacks (Section 4.1.4) e. Residential accessory building size may not exceed the size and number requirements outlined below 4 5

Lot Size Maximum Maximum Maximum total individual number of accessory accessory accessory structure area structure structures footprint Less than ½ acre No greater than 3 1,000 s.f. 800 sq. ft. ½ an acre to 1 acre No greater than 4 1,000 s.f. 1000 sq. ft. 1 acre to 3 acres No greater than 4 2,000 s.f. 1,500 sq. ft. 3 or more acres Must be smaller No specific limit, No specific limit, than principal lot coverage lot coverage building, may be applies applies located in any yard(front, side, or rear)

4 Ground mounted solar panels are exempt from footprint size limitations of this Section 4.1.6, but not lot coverage limitations. 5 Historic storage or accessory structures on properties identified on the Massachusetts Cultural Resource Information System (MACRIS) or by the local or state Massachusetts Historical Commissions will not count towards maximum allowable square footage for the purposes of adding new accessory structures: however, expanding an existing historic structure will be counted towards the allowable square footage.

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4.2 SPECIAL REGULATIONS

4.2.1 Setbacks.

1. Determination of Setback. For the purposes of this Section, the required setback distance shall be measured from the nearest exterior line of the street in question, provided, however, that where the street has a right-of-way width of less than forty (40) feet, the setback distance shall be measured from a line on the lot twenty (20) feet from and parallel to said center line.

2. Setback Exceptions. In all districts (except where subject to the provisions hereof on "Corner Clearance"), a building may be constructed as near to the line of any street as the average of the set-backs of the dwellings or other main buildings nearest thereto on either side of the building in question. Where, in determining the average setback, the nearest main building on either side is more than three hundred (300) feet from the building in question, such side building shall not be counted, but instead the intervening space shall be considered as though occupied by a main building having the required setback (whether or not said space is laid out as a separate lot).

3. Setback for Other Uses. In all districts, no open storage or display of goods, products, materials or equipment, and no gasoline pump, vending machine or similar commercial device, and no sign over one square foot in area (except above a height of ten feet) shall be located nearer to the line of any street than either fifteen (15) feet or the permitted setback distance for a building on the lot, whichever distance is the lesser.

4. Side Yard Exceptions. On an existing lot in a Residential District specifically exempted from the lot width requirements hereof pursuant to G.L. c. 40A, s. 6, para. 4, the required side yard width for a dwelling or other main building may be reduced one foot for each ten (10) feet by which the width of said lot is less than the minimum specified for its district, such width being measured across the lot at the required setback line or through that part of the building where the lot Is narrowest, whichever distance is the greater; provided, however, that the side yard distance shall not be so reduced to less than sixty (60) per cent of the required minimum.

5. Railroad Right-of-Way. Where a lot line abuts a railroad right-of-way, the setback of that side shall be no less than thirty-five (35) feet.

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4.2.2 Projections.

1. Nothing herein shall prevent window sills, belt courses, eaves, chimneys and cornices not exceeding eighteen (18) inches in width from projecting into any required yard or other required open space nor uncovered steps and unroofed porches from projecting six (6) feet into required side yard width or nine (9) feet into required set back distance or required rear yard depth.

2. No unconditioned, single-story roofed porch shall project more than eight (8) feet into the required front yard setback, or more than ten (10) feet into the required rear yard setback.

4.2.3 Corner Clearance. In all Residential District, no building shall be constructed within the triangular area formed by the exterior lines or intersecting streets and a line joining points on such lines twenty-five (25) feet distant from their point of intersection (or, in the case of a rounded corner, the point of intersection of their tangents), and no structure other than a building, no tree, shrub or other planting, and no open display, storage or other open use shall be located within said triangular area in such a manner as to interfere with traffic visibility across the corner.

4.2.4 Corner Lots. In all Districts, in the case of a corner lot, no structure shall be constructed so as to be nearer to the line of any street than the "Required Front Yard Setback".

1. With respect to side and rear yards of a corner lot, the side opposite the Post Office address front setback shall be considered a "Rear Yard" and the side opposite the other front setback shall be considered a "Side Yard". All setback distances shall comply with the required distances specified for the district in which the corner lot is located.

4.2.5 Swimming Pools. In all residential districts no swimming pools shall be placed so as to be nearer the line of any street than the required setback distance for the main building in that district. In all residential districts no swimming pools shall be placed nearer than 10 feet from any abutting property lines.

4.2.6 Not Used.

4.2.7 In-patient Medical Facilities: Hospitals, Long-term care Facilities, or Substance Abuse Detoxification or Treatment Centers.

1.General: An in-patient medical facility, hospital, long-term care facility, or substance abuse detoxification or treatment center may be allowed by special permit from the Zoning Board of Appeals upon determination that all of the conditions set forth below have been met. The following conditions are the minimum which must be met for the approval of a Special Permit. This list is not intended to exclude the imposition of any

-13- additional conditions by the Zoning Board of Appeals or the Planning Board. In-patient facilities with out-patient components shall be subject to Section 4.2.7.

2. Infrastructure a. Water and Sewer. The facility shall be connected to municipal water and sewer systems. All costs associated with the extension of these services shall be borne by the developer or applicant. b. Roads. All newly created traveled ways shall be privately maintained with respect to roadway upkeep and snow and ice removal. c. Refuse. Collection and disposal of all refuse shall be provided privately. d. Utilities. All utilities on the site shall be installed underground pursuant to approved methods of installation and construction. e. Safety. The facility shall have an integrated emergency call, security, telephone, and other communication system to provide monitoring for its residents and direct line connection to the Canton Fire Department. f. Open Space. At least twenty percent (20%) of the parcel shall be open space, which is any land not containing a building, structure, or impervious surface material. The open space shall have a shape suitable to assure its use for areas of scenic beauty, landscaping and/or useable recreational purposes. At least ten percent (10%) of the open space shall be for recreational use by patients and visitors, such as looped pathways, settings for physical therapy, play- ground, courtyard, or gardens for walking. Outdoor areas should be visible from patients’ rooms, interior public spaces and corridors. Seventy-five percent (75%) open space shall be contiguous, and no piece shall be included in the calculation of open land unless at least two hundred square feet in size. Preserving existing stands of trees, trees at site perimeter, and contiguous vegetation with adjacent sites are a priority. g. Bonding procedures and requirements for roadways, utilities, structures, and site amenities for a facility shall be the same as those established by the Planning Board for subdivisions in the Town of Canton.

3. Dimensional Regulations

Hospital, Long-term care facility, or Substance Abuse Detoxification or Treatment Center Dimensional Regulations Minimum Lot Size 1.Six to ten beds:21,780 square feet (0.5 acre). 2.Eleven to 20 beds: 43,560 square feet (1 acre). 3.Every ten beds (or fraction thereof) over 20 beds: 21,780 square feet (0.5 acre).

-14- Minimum Non-wetland Area Same as minimum lot size. Lot Width 200 feet Frontage (ft.) 100 feet Lot Coverage (%) 25 Open Space (%) 20 Setbacks Determined by underlying zone Proximity to existing residential zone 500 feet Proximity to existing hospital, long- 500 feet term care facility, or substance abuse detoxification or treatment center Maximum Number of Beds 115 beds Maximum Height 40 feet or 3 floors, whichever is less

4. Landscaping Requirements a. Buffer zone: The side and rear lot lines shall be screened by a ten (10) foot width of dense natural growth or landscaping. Plant materials characterized by dense growth which will form an effective year-round screen shall be planted to form the screen. Screening shall consist of natural materials. To the extent practical, existing trees and vegetation shall be retained and used to satisfy the provisions of this section. All required plant material shall be maintained by the owner in healthy condition and replaced with new plantings whenever necessary to insure continued compliance with screening requirements. a. All outdoor refuse collection and loading areas shall be screened from adjoining streets and abutting properties by a visually impermeable six-foot-high landscape screen or fence. b. All parking areas shall be screened from adjoining streets and abutting properties.

4.2.8 Out-patient Only Medical Facilities: Healthcare Facilities/Clinics or Out- patient Substance Abuse Detoxification or Treatment Centers.

1. General: An out-patient healthcare facility/clinic or out-patient substance abuse detoxification or treatment center may be allowed by special permit from the Zoning Board of Appeals upon determination that all of the conditions set forth below have been met. The following conditions are the minimum which must be met for the approval of a Special Permit. This list is not intended to exclude the imposition of any additional conditions by the Zoning Board of Appeals or the Planning Board. In-patient facilities with out-patient components shall be subject to Section 4.2.7.

2. Infrastructure a. Water and Sewer. The facility shall be connected to municipal water and sewer systems. All costs associated with the extension of these services shall be borne by

-15- the developer or applicant. b. Roads. All newly created traveled ways shall be privately maintained with respect to roadway upkeep and snow and ice removal. c. Refuse. Collection and disposal of all refuse shall be provided privately. d. Utilities. All utilities on the site shall be installed underground pursuant to approved methods of installation and construction. e. Safety. The facility shall have an integrated emergency call, security, telephone, and other communication system to provide monitoring for its residents and direct line connection to the Canton Fire Department. f. Bonding procedures and requirements for roadways, utilities, structures, and site amenities for a facility shall be the same as those established by the Planning Board for subdivisions in the Town of Canton.

3. Dimensional Regulations

Hospital, Long-term care facility, or Substance Abuse Detoxification or Treatment Center Dimensional Regulations Minimum Lot Size Determined by underlying zone

Minimum Non-wetland Area Same as minimum lot size. Lot Width 200 feet Frontage (ft.) 100 feet Lot Coverage (%) 25 Setbacks Determined by underlying zone Proximity to existing residential zone 500 feet Proximity to existing healthcare 500 feet facility/ clinic or out-patient substance abuse detoxification or treatment center Maximum Height 40 feet or 3 floors, whichever is less

4. Landscaping Requirements a. Buffer zone: The side and rear lot lines shall be screened by a ten (10) foot width of dense natural growth or landscaping. Plant materials characterized by dense growth which will form an effective year-round screen shall be planted to form the screen. Screening shall consist of natural materials. To the extent practical, existing trees and vegetation shall be retained and used to satisfy the provisions of this section. All re- quired plant material shall be maintained by the owner in healthy condition and re- placed with new plantings whenever necessary to insure continued compliance with screening requirements. c. All outdoor refuse collection and loading areas shall be screened from adjoining

-16- streets and abutting properties by a visually impermeable six-foot-high landscape screen or fence. d. All parking areas shall be screened from adjoining streets and abutting properties.

4.2.9 Retaining Walls Along Scenic Ways. Retaining walls along frontage facing a scenic way (in any district) shall be constructed to a maximum height of six (6) feet. If site conditions require elevation changes of greater than six (6) feet, retaining walls along frontage facing a scenic way (in any district) shall be terraced and landscaped. Retaining walls along frontage facing a scenic way (in any district) shall be solid fieldstone or fieldstone veneer or other similar material or appearance, and vertical cast in place concrete or concrete blocks shall not be permitted.

4.3 HEIGHT REGULATIONS

4.3.1 Maximum Height of Buildings. In all districts, no building shall be constructed to exceed the "Maximum Height" specified in tables 4.1.4 and 4.1.5 except as provided below in section 4.3.

4.3.2 Height Determination of Structures and Buildings. Maximum building height shall be determined in accordance with the Massachusetts State Building Code.

1. When located on the ground, the maximum height of structure other than buildings, shall be the highest point on the structure and shall not exceed the maximum height for buildings in feet as set forth in Section 4.3.1. Structures may be located in a required front, rear or side yard provided the height of the structure is not greater than its horizontal distance from the lot line, except that a fence or wall not greater than seven (7) feet in height may be located on, or closer to a lot line than seven (7) feet.

4.3.3 Exception for Structures Not Used for Human Occupancy. Structures erected on a building and not used for human occupancy, such as chimneys, heating, ventilating or air conditioning equipment, solar or photo-voltaic panels, elevator housings, antennas, skylights, cupolas, spires and the like may exceed the maximum height of building in feet provided that no part of the structure is more than fifteen (15) feet higher than the upper elevation of the building and the total horizontal coverage of such structures on the building does not exceed twenty-five (25) percent.

4.3.4 Exception for LI or I Districts. In a Limited Industrial District or Industrial District, the Board of Appeals may, in a specific case, issue a special permit to allow a maximum height of fifty-two feet (52') for a building, notwithstanding the height limits otherwise set forth in Section 4.0, in accordance with the following provisions

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1. The maximum height for any building may be increased by one foot for each two feet by which the required setback otherwise required under Section 4.1; and

2. The maximum increase in allowable height available hereunder shall be twelve feet, so that in no event shall the maximum height of any building exceed fifty- two feet (52’) (except for non-habitable structures as provided in Section 4.4) or provide for more than four stories, and

3. The required side yard width for any building that exceeds forty (40) feet in height shall not be less than sixty feet (60’), and

4. The minimum lot area for any building that exceeds forty (40) feet shall be eight (8) acres, and

5. The provision of this Section 4.3.4 shall not apply to any above grade structured parking

4.3.5 Additional Height Limitation Where Side Yard Exception. Where the side yard width for a main building in a Residential District is reduced below the minimum specified for its particular district by an authorized side yard exception (as permitted in

Section 4.2.1), no portion of said main building nearer to the side line of its lot than the specified side yard distance shall exceed fifteen feet (15’) in height.

4.3.6 Exception for Residence Districts. The maximum height for dwelling structures in all Residence Districts shall be twenty-five (25) feet plus one foot for each additional foot by which: (a) the front yard setback exceeds the required front yard setback distance, or (b) the side yard setback exceeds the narrower side yard setback distance, or (c) the rear yard setback exceeds the required rear yard setback distance, whichever of the three additional distances is the smallest; provided, however, the height shall not in any case exceeds 40 feet.

4.3.7 Exception for Central Business District.

In the Central Business District, the Board of Appeals may, in a specific case during site plan review, allow a maximum height of four stories or fifty-two feet (52') for a building, whichever is lower, in accordance with the following provisions:

1. The building must be proposed as mixed-use with non-residential uses on the ground floor; and

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2. The fourth floor must step back 12 feet from the front and sides of the third floor.

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