FOOTNOTES TO TABLE OF DIMENSIONAL AND DENSITY REGULATIONS
1. Except in the Rural Residence C, the Planned Commercial, and the Limited Industrial Districts, no building in any district need have a front setback greater than the average front setback of the principal buildings located on the street on both sides within a distance of 500 feet. In determining such average, a vacant lot having a frontage of at least eighty (80) feet shall be considered to have a front setback conforming to the requirements of this bylaw. (Amended by 10/22/90 Special Town Meeting; approved by Attorney General 1/14/91)
2. Except with respect to principal structures in the Rural Residence B District, in the specific case of an irregular, narrow, or shallow lot or a lot unusual either in shape or topography, or a lot on which an existing building became non-conforming by the adoption of this bylaw, the Zoning Board of Appeals may reduce by special permit the side and rear setback requirements up to a maximum of 50%, and the front setback requirement up to a maximum of 10%. (Amended by 10/17/92 Special Town Meeting; approved by Attorney General 1/11/93) (Amended by 10/18/04 Special Town Meeting; approved by Attorney General 1/27/05)
3. (Reserved)
4. For all lots, except end lots; for end lots there shall be a minimum side width of ten (10) feet.
5. Side setback may be eliminated when party-wall construction will provide continuous building frontage.
6. Providing a minimum of ten (10) feet measured from the street shall be planted open space with the exception of the access drive.
7. The Zoning Board of Appeals may reduce by special permit the minimum setback requirements for non-habitable solar energy collection apparatus up to a maximum of fifty percent (50%) of any such requirement.
8. If a lot is divided by the boundary line between two underlying Zoning Districts, and an active use is proposed for that portion of the lot which is located in the less restrictive underlying Zoning District, the area of the lot within the more restrictive District may be included in fulfilling dimensional and density regulations for the proposed active use, provided that the actual use of that portion of the lot which is located in the more restrictive District is proposed to be passive in nature. (Amended by 10/18/93 Special Town Meeting; approved by Attorney General 2/3/94)
9. In the case of a lot which is located within that portion of the Central Business (CB) District described in this footnote number 9 and which is an irregular, narrow or shallow lot, or a lot unusual either in shape or topography, or a lot on which an existing building is non-conforming, in the reasonable judgment of the Planning Board, the Planning Board may, at its discretion, by special permit, further reduce lot area, lot width, lot frontage, front, side and rear setbacks, building area, and/or open space if in the reasonable judgment of the Planning Board said reduction(s) is (are) consistent with the purpose of this bylaw. The boundaries of said portion of the Central Business (CB) District shall follow the center line of the street; beginning on the center line of South Main Street at Choate Bridge; thence westerly along South Main Street, Market Square and Central Street to Hammatt Street; thence Southerly along Hammatt Street to Washington Street; thence Easterly on Washington Street to Depot Square; thence Northerly on Market Street about two hundred (200') feet to a point opposite the Southerly property line of land now or formerly of John H. Levere (Assessor's Map 42A, Lot 200); thence Easterly along the Southerly property line of land now or formerly of Daniel D. and Kenneth F. Gibbon (Assessor's Map 42A, Lot 185) to the channel of the Ipswich River; thence Northerly on the channel of the Ipswich River to the centerline of South Main Street on Choate Bridge; all as designated on an amended map on file in the office of the Town Clerk. (Amended by 10/20/03 Special Town Meeting; approved by Attorney General 1/22/04)
10. (Reserved)
11. The number of dwelling units obtained by this requirement may be increased by special permit of the Planning Board if the Planning Board determines that the multi-family dwelling shall provide significant public benefit to the Town. Public benefit shall mean affordable housing as defined in IX.I. of this bylaw, hospice, or public recreational facilities. Under no circumstances shall the Planning Board waive the density and dimensional requirements to exceed 5,000 square feet plus 2,000 square feet per unit in overall density for multi-family, and 3,000 square feet plus 1,500 square feet in overall density for mixed residential/business use. (Amended by 10/20/03 Special Town Meeting; approved by Attorney General 1/22/04)
12. Provided that a minimum of fifty (50) feet measured from the property line abutting Route One shall be landscaped with trees of a minimum caliper of 3.5 inches and a minimum density within the fifty foot buffer of one tree per one hundred (100) square feet in accordance with a landscape plan approved by the Planning Board. No active recreational uses, such as tennis courts or swimming pools, shall be permitted within the fifty (50) foot landscaped setback. (Added by 10/22/90 Special Town Meeting; approved by Attorney General 1/14/91)
13. Provided that a minimum of twenty (20) feet measured from the property line abutting Route One shall be landscaped with trees of a minimum caliper of three and one half (3.5) inches and a minimum density within the twenty foot (20) buffer of one (1) tree per one hundred (100) square feet in accordance with a landscape plan approved by the Planning Board. (Added by 10/22/90 Special Town Meeting; approved by Attorney General 1/14/91)
14. The setback from Route One, whether a front, side, or rear setback, shall be minimum of one hundred (100) feet. (Added by 10/22/90 Special Town Meeting; approved by Attorney General 1/14/91)
15. Provided that a minimum of fifty (50) feet measured from the property line abutting Route One shall be landscaped with trees of a minimum caliper of three and one half (3.5) inches and a minimum density within this fifty (50) foot buffer of one tree per one hundred (100) square feet in accordance with a landscape plan approved by the Planning Board. (Added by 10/22/90 Special Town Meeting; approved by Attorney General 1/14/91)
16. Exclusive of access and/or egress points from the site, the first ten (10) feet of the front yard setback as measured from the street line, as defined by this bylaw, shall be landscaped with plant materials to improve the visual appearance of the property, without reducing the visibility at points of access or egress from the site. The landscaping plan is subject to the approval of the Planning Board as part of the site plan approval process as defined in Section X. of this bylaw. (Added by 10/23/95 Special Town Meeting; approved by Attorney General 1/29/96)
17.The following shall be exempt from the provisions of this Section: mailboxes, yard light-posts, flagpoles, birdhouses, retaining walls, arbors, trellises, signs, sculptures, permanently affixed playground and picnic equipment, driveways, sidewalks, clotheslines, clothes poles, and landscaping features. Fences or walls are also exempt from the setbacks established in this Section, subject to the following requirements: (Added by 10/17/92 Special Town Meeting; approved by Attorney General 1/11/93) (Amended by 10/20/97 Special Town Meeting; approved by Attorney General 2/10/98) (Amended by 10/15/07 Special Town Meeting; approved by Attorney General 1/23/08)
a. For fences that extend beyond the required front yard setback (or the existing principal building, whichever is closer to the street), the building inspector shall have the authority to require that it be open and less than six feet in height. This requirement shall be based on a determination that the proposed fence would create an undue safety or traffic hazard by reason of impeding minimum sight distance requirements as established by the American Association of State Highway Transportation Officials (AASHTO).
b. All fences shall be installed so that the finished side faces the abutting properties.
c. A building permit shall be obtained for all fences over six feet in height.
d. All applications for fence installation shall include a plot plan showing the location of the proposed fencing.
18. The provisions of this Subsection shall not apply to the alteration, reconstruction, extension, or structural change to a single or two-family residential structure lawfully in existence at the time of enactment of this amendment under the following circumstances:
a. The proposed changes comply with the height restriction; and
b. The proposed changes comply with the requirement for maximum building area, or, if they do not comply, the proposed changes do not result in an increase in building area on the lot; and
c. The proposed changes comply with the requirements for maximum floor area, or, if they do not comply, the proposed changes do not result in an increase in floor area on the lot; and
d. The proposed changes comply with the requirements for minimum open space, or, if they do not comply, the proposed changes do not result in a decrease in the open space on the lot; and
e. The proposed changes comply with the setback requirements, or, if they do not comply, the proposed changes do not result in a decrease in the distance between any lot line and the nearest point of the structure; and
f. Proposed changes to enlarge the structure do not prevent compliance with regulations governing the repair, expansion or replacement of septic systems, or with any other applicable laws or regulations.
For the purposes of this bylaw, an alteration, reconstruction, extension or structural change meeting the criteria set forth in this footnote is not deemed to increase the non-conforming nature of the structure, and is allowable as a matter of right. (Added by and amended by 10/17/92 Special Town Meeting; approved by Attorney General 1/11/93)
19. Temporary accessory buildings, such as temporary tents and screenhouses, are permitted in the rear and side setbacks, not less than ten (10) feet from any lot line, from May 15 to September 30 of each year; except that the provisions of Footnote #2 of this Table may not be used further to reduce a setback to a distance less than that otherwise permitted under the provisions of this Footnote 19. (Added by 10/17/92 Special Town Meeting; approved by Attorney General 1/11/93)
20. The calculation of building area shall not include temporary structures or buildings, such as temporary tents and screen houses. (Added by 10/17/92 Special Town Meeting; approved by Attorney General 1/11/93) (Amended by 10/15/07 Special Town Meeting; approved by Attorney General 1/23/08)
21.When calculating the maximum floor area, the following shall apply: (Added by 10/17/92 Special Town Meeting; approved by Attorney General 1/11/93) (Amended by 10/15/07 Special Town Meeting; approved by Attorney General 1/23/08)
a. Open sun decks shall not be calculated towards floor area; and
b. In the case of rooms with high ceilings where the height is sufficient to construct two (2) habitable floors under the current standards of the Massachusetts Building Code, the floor area shall be calculated as that which could be allowable under the current Building Code standards.
22. This requirement shall apply to lots laid out after August 25, 1994. (Added by 10/17/94 Special Town Meeting; approved by Attorney General 12/6/94) Lots laid out prior to that date shall provide a minimum lot frontage of fifty (50) feet and a minimum lot width of 190 feet, measured at the front setback. (Amended by 10/23/95 Special Town Meeting; approved by Attorney General 1/29/96)
23. To calculate area required for zoning compliance, refer to the definition of "Lot Area" in Section III. of this bylaw. (Added by 10/23/95 Special Town Meeting; approved by 1/29/96 by Attorney General)
24. All principal buildings constructed after September 1, 1996 shall be built to the front setback line unless granted an exception by a special permit from the Planning Board. (Added by 10/21/96 Special Town Meeting; approved by 12/9/96 by Attorney General)
25. If a residential development obtains a special permit, waiver or other local approval that increases the density or intensity of use beyond what is allowed by this requirement, said development shall conform to Section IX. I. (Inclusionary Housing Requirements). (Added by 10/23/01 Special Town Meeting; approved by Attorney General 2/19/02)
26. This requirement shall apply to: (a) all conforming lots in existence as of the effective date of this bylaw; and (b) all developments that fulfill the requirements of Section IX.I. (Inclusionary Housing Requirements) or are expressly exempted from said Section IX.I requirements because they create only one single-family detached or attached dwelling, provided that a suitable restriction is recorded at the Essex South Registry of Deeds prohibiting the creation of additional units on the lot(s). (Added by 10/23/01 Special Town Meeting; approved by Attorney General 2/19/02) (Amended by 10/16/06 Special Town Meeting; approved by Attorney General 1/4/07)
27. No more than one storage shed, having a maximum floor area of 150 square feet, may be located not less than five (5) feet from side and rear lot lines. (Added by 10/23/01 Special Town Meeting; approved by Attorney General 2/19/02)
28. For lots held separately or combined with an adjoining lot or lots, which conform to the original subdivision layout, have at least 5,000 square feet of area and at least fifty feet of street frontage, and upon which no house has been built, the minimum square footage requirement for a detached single-family dwelling may be reduced by 50% by special permit from the Planning Board, provided that the proposed dwelling (a) does not exceed 2,000 square feet of floor area; (b) satisfies all of the dimensional requirements of the Intown Residence (IR) District, except that the minimum lot width and front yard setback requirements shall be fifty feet and ten feet, respectively; and (c) is made permanently affordable as defined in and accordance with IX.I. of this zoning bylaw. In lieu of making the dwelling unit permanently affordable, the applicant may pay a fee to the Town to provide affordable housing in Ipswich, in the amount of $50,000. The fee may be adjusted by the Planning Board from time to time by the issuance of guidelines or regulations, pursuant to paragraph 3.(2) in IX.I. For any lot located within a National Register Historic District, the Planning Board, in addition to applying the special permit general conditions described in XI.J. of this bylaw, shall review the special permit application in accordance with the following criterion: the proposed structure, in terms of design, setting, massing, scale, materials and setbacks, shall be consistent with the architectural character of the street within the historic district. (Added by 10/20/03 Special Town Meeting; approved by Attorney General 1/22/04)
29. A principal building may be constructed to a front setback of less than than ten (10) feet if granted an exception by Planning Board special permit. (Added by 10/20/03 Special Town Meeting; approved by Attorney General 1/22/04)
30. Provided that the lot upon which the mixed residential/business use is located is at least 5,000 square feet in area, no additional area is required for non-residential uses. (Added by 10/16/06 Special Town Meeting; approved by Attorney General 1/4/07)
31. In the PC District, for the purpose of minimizing curb cuts along Route One, the following performance standards shall apply: (Added by 10/15/07 Special Town Meeting; approved by Attorney General 1/23/08)
a. No new curb cut shall be allowed that is closer than 150 linear feet from any existing curb cut, except as provided in b. or d. below. In addition, new curb cuts on state and local roads shall be discouraged and developers shall be encouraged to seek access via a common driveway serving an adjacent lot or premises.
b. Additional curb cuts shall be prohibited as set forth above; however, in general, one driveway curb cut shall be allowed per business, except that, in the case of a project with multiple businesses on the same premises, two means of ingress and egress shall be allowed and they may be constructed to be less than 150 linear feet apart and separated by a median strip.
c. Curb cuts shall be limited to the minimum width for safe entering and exiting. The Mass Highway Department Project Development and Design Guide, current version, shall be used as a guide for determining adequate traffic design standards for any commercial project.
d. The Planning Board, by special permit, may waive or alter any of the above performance standards, subject to a finding that said changes do not derogate from the intent of the Planned Commercial District.
