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Article VI
Intensity Regulations
~ 171-17. 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 as set forth in the Schedule of Dimensional Requirements herein, except as provided in MGL c. 40A, ~ 6. Variations and exceptions from these minimum requirements are set forth in the footnotes to the Schedule of Dimensional Requirements, ~ 171-18, and as specifically provided elsewhere in this chapter.


~ 171-18. Schedule of Dimensional Requirements.

        A.      The Schedule of Dimensional Requirements shall be as follows:


Districts
Minimum Lot Area(square (feet)
Width1
(feet)
Minimum Yards
Front2
(feet)
Maximum
Lot Coverage
Side (feet)
Height of
Rear (feet)
by Buildings (percent)
Building3 (stories)
(feet)
R-1-A
10,000
100
25
204
30
20
21/2
35
R-1-B
6,500
60
25
10
30
25
21/2
35
R-2
43,5608
150
50
204
30
20
21/2
35
R-3
5,000
50
25
10
30
25
21/2
35
R-4
87,120
200
50
20
30
10
21/2
35
B-1
Dwellings,
100
25
20
30
255
21/2
35
10,000
406
Other
50
25
10
10
75
3
40
Permitted
Uses,
5,000
B-2
Dwellings,
150
50
20
30
255
21/2
35
43,5608
406
Other
50
25
10
10
75
3
40
Permitted
Uses,11
5,000
B-2A
Dwellings,
150
50
20
30
20
21/2
35
[Amended43,560
5-16-2005
ATM, Art.
Other
150
40
20
30
25
21/2
35
23]
Permitted
Uses,11
20,000
I, I-2
Dwellings,
150
50
20
30
25
21/2
357
[Amended
43,5608
5-7-2001
ATM, Art.
30]
Other
50
50
10
10
75
37
40
Permitted
Uses,11
5,000
I-2
Multifamily,
50
25
10
30
50
21/2
35
[Added
Dwellings
5-7-2001
10,500
ATM, Art.
30]

        B.      Footnotes to Schedule of Dimensional Requirements.


1 Frontage on a street must be at least 80% of lot width.
2 For exceptions, see ~ 171-22.
3 For exceptions, see ~ 171-25. The height regulations do not apply to churches, agricultural structures, windmills, mixing plants, screening or loading towers for sand or rock, water tanks, ventilators, chimneys, spires, belfries, cupolas, antennae or other appurtenances usually required to be placed above roof level and not intended for human occupancy.
4 On a lot of record, at the effective date of this chapter, that is 70 feet or less in width in an R-1-A or R-2 District, a dwelling may be erected or altered with a side yard not less than 10 feet in width.
5 For one-family dwellings, two-family row dwellings or multifamily dwellings as a separate use, maximum lot coverage shall be 25% in a R-3, B-1 or B-2 District.
6 For multifamily dwellings over a business use, maximum lot coverage shall be 75% in a B-1 or B-2 District. [Amended 5-12-2003 ATM, Art. 24]
7 For exceptions, see ~ 171-25B.
8 Minimum lot size for dwellings as shown in the table for R-2, B-2 or I Districts may be reduced by 50% if the lot is serviced by both town sewer and water and by 25% if serviced by either town sewer or water. [Editor's Note: Original Footnote 8, which provided for small or irregular lots, was deleted 5-3-1999 ATM, Art. 34. Said Article 34 also provided for the renumbering of original Footnotes 9 and 10 as 8 and 9, respectively.]
9 (Reserved) [Editor's Note: Former Footnote 9, which provided for a buffer between any structure, roadway, walkway, parking area or paved surface and any abutting parkland, was repealed 5-16-2005 ATM, Art. 23]
10 In a B-2-A Zone a hotel shall not exceed 30 rental rooms, and shall be built and maintained to have a residential appearance and character. [Added 5-6-2002 ATM, Art. 30]
11 [Added 5-4-1998 ATM, Art. 27] This footnote shall apply to land on both sides of Route 7 north (Stockbridge Road) from Belcher Square to the Stockbridge Town line and on Route 7 south (South Main Street) from Taconic Avenue to the Sheffield Town line.

        This footnote shall not apply if a condition on a special permit places more stringent requirements, if the lot is used for single-family residential use, or if a new building is for use as a toolshed or similar accessory use to a structure that existed legally when the notice advertising this footnote's public hearing was first published.
        Provisions of this footnote may be waived or altered if:
        -- a majority of the Planning Board votes, after a site inspection, that strict compliance would adversely affect public safety. Before the Board votes on such a waiver, the applicant shall provide it with a written statement from the Town Engineer, Police Chief or Fire Chief explaining how strict compliance would adversely affect public safety. (An example of an adverse effect would be poor visibility for traffic entering or leaving the site).
        -- a majority of the Planning Board votes that strict compliance would contradict a requirement of another Zoning Bylaw that the Board agrees should be met. (An example of such a requirement might be providing a specified number of parking spaces).
        A permanent certificate of occupancy shall not be granted until all requirements of Footnote 10(a), (b) and (c) have been met. Repeated failure to comply with provisions of this Footnote may be considered a violation of the town's Zoning Bylaws.
        A suggested list of appropriate trees is available at the Town Clerk's office in the Great Barrington Town Hall.
11 [Added 5-4-1998 ATM, Art. 27] Any lot on which a new building is erected shall maintain a natural buffer of grass, shrubs, flowers and/or trees. This buffer shall be visible from Route 7. The dimensional depth of the buffer shall be lesser of either:
        -- the maximum front yard setback in the zoning district in which the property is located, or
        -- at least eight feet or two inches for every foot of frontage, whichever depth shall be greater, to a maximum depth of 50 feet.
        The depth of the buffer shall be measured from the property line and may include sidewalks and easements.
        Cars shall not be parked and goods shall not be displayed on the buffer. A freestanding sign may be installed on the buffer, provided that the sign has all necessary permits.
        Existing structures may remain and be altered to accommodate a similar or accessory use within the buffer area, provided that they were there legally before the notice advertising this Footnote was first published.
11 [Added 5-4-1998 ATM, Art. 27] At least one deciduous tree shall be planted within the lot's front setback for every 50 feet of frontage on a lot on which a new building is erected. The tree or trees shall be planted between the roadway and the building line that is closest to the roadway, provided that this does not interfere with utilities.
        This requirement shall not apply to a lot that has less than 50 feet of frontage at the time a building permit is sought, provided that the lot is not used in combination with another lot. If the lot is used in combination with another property, such as for access/egress to a common parking area, the combined frontage of the lots shall be used to calculate the number of trees to be planted.
11 [Added 5-4-1998 ATM, Art. 27] No deciduous tree having a trunk diameter of three inches or more measured at five feet above ground (three-inch diameter at breast height) and/or no upright evergreen of 12 feet or more in height may be removed from within a lot's front setback unless the tree is replaced on the lot by a healthy tree or trees from the list available at the Town Clerk's office. Each replacement tree shall be at least 11/2 inches in diameter measured at six inches above ground for a deciduous tree and at least six feet in height for an evergreen.



Town of Great Barrington 334 Main Street Great Barrington, MA 01230
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