USA > Massachusetts > Norfolk County > Plainville > Plainville, Massachusetts annual reports 1960-1965 > Part 53
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1. 6 Amendment - This By-Law may be amended from time to time at any annual or special town meeting in accordance with the provisions of Section 6 of Chapter 40A.
1. 7 Validity: - The invalidity of any section or provision of the By- Law shall not invalidate any other section or provisions thereof.
1. 8 Applicability: -
1. 8. 1 Where the application of this By-Law imposes greater re- strictions than those imposed by any other regulations, permits, restric- tions, easements, covenants, or agreements, the provisions of this By-Law shall govern.
1. 9 Effective Date: - This By-Law shall take effect following ap- proval by the town meeting and by the Attorney General of the Common- wealth, and following publication, as required by the General Laws. In the interim period between approval by the town meeting and legal publi- cation, this By-Law shall govern. This By-Law shall affect a building permit issued after notice of hearing on this By-Law before the Planning Board or the Zoning Board, as the case may be, has been given, in accor- dance with the provisions of Section 11 of Chapter 40A of the General Laws.
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TOWN OF PLAINVILLE
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ARTICLE II
USE AND INTENSITY REGULATIONS
2. 1 Establishment of Districts - The Town of Plainville is hereby divided into the following types of districts:
RA - Single Family Residential District
RB - Single Family Residential District
RC - General Residential District
RD - General Residential District
CA - Shopping Center Commercial District
CB - General Commercial District
CC - Roadside Commercial District
IA - Special Industrial District
IB - Limited Industrial District
2. 2 Location of Districts - Said districts are located and bounded as shown on a map entitled "Zoning Map" dated October 23, 1964, on file in the office of the Town Clerk. The Zoning Map, with all explanatory matter thereon, is hereby made a part of this By-Law.
2. 3 Location of District Boundaries - The location of the Boundary lines of the districts shown on the Zoning Map shall be determined as follows:
2. 3. 1 Where the district boundary is indicated as approximately following a street line or power easement, it is the center line of the street or power easement. -
2. 3. 2 Where the district boundary is indicated as approximately fol- lowing a lot line, it is the lot line.
2. 3. 3 Where the district boundary is indicated as approximately following a railroad line, it is at one boundary of the railroad right of way.
2. 3. 4 Where the district boundary is indicated as approximately parallel to a street line or railroad line, it is parallel to the center line of the street or railroad and at the distance in feet from the street line or railroad right of way indicated on the Zoning Map; such distance being measured at right angles to such street lines unless otherwise indicated.
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ANNUAL REPORT
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2. 3. 5 Where the district boundary is indicated as approximately perpendicular to a street line, it is either perpendicular or radial unless marked otherwise.
2. 3. 6 Where the district boundary is indicated as approximately following a stream, it is the center line of the stream.
2. 3. 7 Where no other means of determination are possible, boun- daries shall be determined by use of the scale on the Zoning Map.
2. 4 Lots in Two Districts: Where a district boundary zoning line divides any lot existing at the time such line is adopted, the zoning regu- lations applicable to each portion of the divided lot shall extend not more than thirty feet into the other portion of the same divided lot.
2. 5 Intensity of Use Regulations:
2. 5. 1 Subject to the requirement to replat under 2.6 below, no lot on which a building is located in any district shall be reduced or changed in size or shape so that the lot fails to conform to the intensity of use schedule, except when a portion of the lot is taken or conveyed for any public purpose.
2. 5. 2 No building shall be erected or used or premises used except in conformity with the intensity of use schedule, except in those instances
where relief is specifically granted under the provisions of 2.6 below or where an exception to the schedule is granted by the Zoning Board of Appeals after a public hearing as provided in certain instances under the provisions of 2.6 below.
2. 5. 3 No part of any yard or other open space required for the pur- pose of complying with the provisions of this By-Law shall be included as part of a yard or other open space similarly required for another building.
2. 6 Intensity of Use Schedule:
2. 6. 1 The following Intensity of Use Schedule governs with respect to the various zoning districts except where compliance with the ap- plicable schedule is excused:
(a) By provisions of this By-Law, or
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(b) By reason of the grant of an exception from the Zoning Board of Appeals, in the form of a Special Permit, as hereafter permitted in certain instances, or
(c) By reason of the provisions of Sections 5A or 7A, or both, of Chapter 40A of the General Laws (Terc. Ed.) of Massachusetts.
*
**
**
**
**
RA. RB.
RC.
RD.
CA.
CB.
CC. IA&IB
Minimum Lot Requirements
Area (1000 s. f.)
44
30
15
30a
30
20b
30
100
Width (ft.)
225
140
100
140
225
125
140
20
Frontage (ft.)
200
120
80
120
200
110
120
180
Minimum Yard Requirements/c
Front (ft.)/d
40
30
25
30
90
20
30
30
Side (ft.)
25
15
10
15
15
15
15
20
Rear (ft.)
40
25
20
25
20
20
25
30
Maximum Building Coverage
(In multiples of 1000 sq. ft.) 6.6
9.0
6.0
9.0
13.5
9.0
13.5
45.0
Landscaped Open Space
Required (% of Lot Area)
-
20%
10e
-
10e
Maximum Floor Area
All floors except cellar -
6.0
27.0
27.0
18.0
27.0
90.0
(In multiples of 1000 sq. ft.)
Footnotes to Intensity of Use Schedule above:
a .- 4,000 additional square feet of lot area for each dwelling unit in excess of four dwelling units. 1
b .- Requirements for the RC District shall apply to residential uses permitted in the CB District.
c .- Within the area formed by the lines of intersecting streets and a line joining points of such lines twenty feet distant from their point of intersection, or in the case of a rounded corner, from the point of inter- section of their tangents, no structure and no foliage shall be maintained between a height of three and one-half feet and six feet above the pave- ment grade.
d .- Corner lot shall maintain front yard requirements for each street frontage.
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ANNUAL REPORT
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e .- Required in front yard.
*- Never more than three stories high.
-Never more than two stories high.
2. 6. 2 In any Zoning District, a lot or lots having less than the ap- plicable square footage or frontage requirements, or both, shall be exempt from either or both requirements aforestated if said lot or lots:
a. Is a lot in ownership separate from that of adjoining land located in the same Zoning District, at the time of the adoption of this By-Law, or
b. Is a lot or lots separately described in a deed of record at the time of the adoption of this By-Law; or
c. Is a lot or lots separately shown on any approved sub-division plan notwithstanding the amount of elapsed time since approval of said plan, or
d. Is a lot or lots shown on a plan which does not require Planning Board approval under the sub-division law, provided the plan carries the notation that no such approval is so required, and notwithstanding the amount of elapsed time since the notation was made through vote of the Planning Board.
Provided that any lot referred to above contains at least 5,000 square feet and in the case of more than one non-conforming, undeveloped and contiguous lots in common ownership not protected under 5A or 7A of Chapter 40A, shall be subject to the provisions of 2.6.3.
2. 6. 3 With respect to two or more non-conforming, undeveloped and contiguous lots in any Zoning District, in common ownership:
a. Said lots shall be combined in all cases where the combination creates less than one fully conforming lot.
b. Said lots shall be combined and replatted* in accordance with the provisions following where the combination creates a lot in excess of the frontage and square footage requirements applicable thereto, and in such case
(1) The combined lots shall be replatted into as many fully con- forming lots of exactly the required frontage as possible without in turn retaining or creating a non-conforming lot or lots, provided
(2) That if the replat would create or retain one or more non-con- forming lot or lots, the combined lots shall be replatted into as many
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1965
lots of identical frontage as most nearly conforms to the applicable frontage requirements; which replat fully utilizes all existing frontage represented through the combination of said lots, and which replat in no case creates a lot with a frontage less than 80% of the applicable front- age requirements.
*- A replat will not require publication and a public hearing before the Planning Board unless required by statute.
c. The requirements to replat non-conforming contiguous and un- developed lots in common ownership, as specified above, is subject to the following, namely; that so much of any such non-conforming lot which is subject to the requirements of combination shall be reserved where ownership of the land involved is in the same person or entity and where the reservation is needed to exactly provide an existing building or struc- ture with the land to meet applicable yard requirements. What remains after the reservation shall be combined for replat purposes. If an existing building or structure partially overlaps into an otherwise undeveloped and non-conforming lot which would be subject to combination for replat pur- poses, then so much of the invaded lot (where ownership is in the same person or entity) shall again be reserved to provide needed land to meet yard requirements, and the remainder of the invaded lot shall be com- bined for replat purposes. This sub-paragraph applies only if the lots subject to combination are in common ownership with the building or structure.
2. 6. 4 The Zoning Board of Appeals may by exception waive strict conformity with the side yard, rear yard or parking requirements set forth in this By-Law applicable to a lot in any Zoning District provided the exception or waiver does not reduce conformity below 80% of what would otherwise be the applicable requirements for the lot in the district in which the lot is located; which exception may be granted after public hearing provided the Board finds that such a grant
a. Would not in any substantial sense be detrimental to the immedi- ate neighborhood, and
b. Would not in any substantial sense depreciate property values in the same neighborhood.
2. 6. 5 If in any Zoning District a lot does not conform square foot- age wise or dimensionally with the zoning requirements applicable to that District, and as a consequence of this non-conformity the owner could not erect thereon a lawful structure under this By-Law utilizing Maximum Building Coverage without in turn violating one or more of the applicable requirements set forth under the Intensity of Use Schedule; then in such
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ANNUAL REPORT
1965
case a lawful structure may nevertheless be erected upon said lot utiliz- ing Maximum Building Coverage provided
a. That there is not less than 80% conformity with each and all of the applicable requirements set forth in the Intensity of Use Schedule above, and
b. Provided the owner has fully replatted as and to the extent a replat is required under this By-Law.
2. 6. 6 The relief stated in 2.6.2 shall apply notwithstanding two or more non-conforming lots are in common ownership and contiguous to one another, except that the replat provisions shall govern where this By-Law so states or applies.
2. 6. 7 Sections 5A and 7A of Chapter 40A of the General Laws (Terc. Ed.) are expressly incorporated herein as a part of this By-Law. Wherever either section is more liberal than this By-Law, the section shall govern. Wherever this By-Law is more liberal than either or both sec- tions, this By-Law shall govern.
2. 7 Use Regulations
2. 7. 1 No structure shall be erected, altered, or used and no premises shall be used except as set forth in the "Use Regulations Sched- ule." Symbols employed shall mean the following:
P-A permitted use
O-An excluded or prohibited use
A-A use authorized on special permit as provided for in Section 1.5.2 herein. The Zoning Board of Appeals after public hearing may grant such a permit provided it determines that such a grant would not be noxious, injurious or offensive to the neighborhood and would not in any substantial sense depreciate property values in the same neighborhood.
2. 7. 2 Where an activity might be classified under more than one of the uses in the Use Regulation Schedule, the less restrictive classification shall govern.
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2. 8 Use Regulation Schedule
Agricultural Uses
RA RB RC RD CA CB CC IA IB
Farm
Crops
P
P
P
P
P
P
P
P
P
Poultry
P1
P1
0
0
0
0
0
P1
P1
Fur
0
0
0
0
0
0
0
0
0
Pig
0
0
0
0
0
A
0 A
o
0 P
0 P
Roadside Stand
P2
P2
P2
P2
Nursery or Greenhouse
Private
P
P
P
P
With Retail Sales
O
0
A3
A
P
Wholesale Only
P
P
A
A
P
P
P
P
P
Wildlife Raising
P
P
P
P
P
P
P
P
Commercial Uses
Funeral Home
0
0
0
O
0
0 0
Home Occupation
P
P
P
P
P3
P
A
A 0 0
Business, Retail
0
0
0
0
P
Wholesaling
Without Storage
0
O
0
0
P
P
P
With Storage Indoor Only
0
O
0
0
P
A
Motor Vehicle, Boat, & Farm Implement
Sales or Rental
0
0
0
0
0
0
0
Light Service
O
0
0
O
0
0
A
P 0
P
P
used Parts & Dismantling
O
0
0
0
0
0
0
0
0
Business Offices
0
0
0
0
P
P
P
P
P
Printing Shop
0
0
0
0
A
A
P
P
P
Restaurant, Indoor
0
O
0
0
P
P
P
P
A
With Outside Service
0
0
0
0
0
0
P 0
0
Parking
Business
0
0
0
0
P
P P
P
P
P
Private
P
P
P
P
P
Public
0
o
O
0
P
P
P P
P P
P
Industrial Uses
Industry, Light or Heavy
0 0
0
OAOOP
P
P2 P
P2 P P
P2 P P
P P
P P P
0 0 0
P P P P P P 0
0
General Repairs
O
0
0
0
0
0
0
0
0
P P3 P3 P3
Animal Kennel or Hospital
A
A
0
0
0
P P
P
With Outdoor Storage
0
O
0
0
P
0
Body Repairs
0
O
A
A
Other Stock
P
P
A
P2
P2
P
P
P
P
A
A
P
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ANNUAL REPORT
1965
2. 8 Use Regulations Schedule, Commercial Uses (Continued)
RA RB RC RD CA CB CC IA IB
Bulk Storage
0
O
0
0
A 0 0 P P
Contractor's Yard
0
0
O
0
A
0 0
P
P
Junk Yard
0
O
0
O
O 0
O O 0
Transport Terminal
0
0 O
0
0
0
0
P P
Earth Removal-Subject to 3.8 provisions in all districts.
Warehouses
O
O
0
0
0 A
0
P P
Institutional Uses
Municipal Use
P
P
P
P
P
P
P
0
0 O 0
Cemetery
A
A
A
0
0
0
0
o 0
Public Utility
Bldg. w/out service area
A
A
A
A
P
P
P
P
Bldg. with service area
0
O
0
0
0
A
0
A A P 0 P
P P 0 0
0
Other
P
P
P
P
A
0
A
A 0 0
Recreational Uses
Commercial Recreation Indoor
O0 0 0PPPAA
Outdoor, including drivein Private
0
0
0
0
P
0
0
0 0
0
0
P
P
P
P
P
P
P
Club
0
P
P
P
0
P
P
0
0
Sportsmen's Club
P
P
0
0
A
P
P
P P
P
Golf Course
P
P
P
P
P
P
P O
0
0
O
0
0
0
0
Supervised
P
P
0
0
0
0
0
0
0
Boat house
Private
P
P
P
P
P
P
P 0
P P
Public
0
0
0
0
0
0
0 0
0 P P P P
P
Hospital
P
P
A
P
0
A A
0
P
Service area, no bldg.
0
0
0
School
Private
0
A
A
A P
A 0 P
P P P
0
Nursery
O
P
P
Philanthropic Institutions
0
A
A
O O
A O O
P
P
P
Religious Use
P
P
P
P
P
P P
P
Camping
Commercial
0
P
Radio Transmission
O
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2. 8 Use Regulations Schedule, Recreational Uses (Continued)
RA RB RC RD CA CB CC IA IB
Stables
Public
000 0
0
O 0
0 P4
Private
P4 P4 O
0
0
0
0
P4 P4
Game Preserves
P PO
0
O
P
P
P
P
Residential Uses
Dwelling
Single Family
P
P
P
P
0
0
P P
0
0
O
0
Multi-family,
up to 4 families
0
O
0
P
0
0
O 0
0
Multi-family over 4
0
O
0
A
0
0
0
0
0
Mobile
0
0
0
0
0
0
0
0
0
Conversion
0
O
P
P
O
O
0
Boarding House/6
Guest House
Commercial Private
P
P
P
0
0
P
0
P
A
A
Hotel or Inn
0
0
0
0
P
P
P
A
A
Nursing, Convalescent or Rest Home
0 0
A
A
0
0 0
0 0
Other Uses
Temporary Structures
P7
P7
P7
P7
P7
P7
P7
P7
P7
Signs
P
P
P
P
P
P
P
P
P
Mobile Structures
0
O
0
0
0
0
0
0
0
Airport
0
0
0
0
0
0
0
0
0
0 0 P
0
P
0 P
0
P
P
P
P
Motel or Auto Court
0
0
Explanation of coded numbers appearing in the schedule above:
1-Provided that no buildings housing poultry are within 200 feet of any street or 100 feet of any adjoining property line.
2-Provided that 75% of the products sold must be raised on the premises. Not permitted within 20 feet of a lot line or 15 feet of a street line.
3-In existing dwellings only.
4-Providing the structure is at least 200 feet from any lot line.
P P
0
0
Two Family
0
0
P
P
05 05
0
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ANNUAL REPORT
1965
5-Permitted for personnel required for the safe operation of a per- mitted use.
6-Not more than four boarders.
7-For a period of time not exceeding the greater of the two follow- ing time periods: (1) for a period of sixty days or (2) for a period com- mensurate with diligent pursuit of any construction, renovation or alter- ation to a building or buildings on the premises.
ARTICLE III
GENERAL REGULATIONS
3. 1 Nonconforming Uses - The lawful use of any structure or land existing at the time of any enactment of subsequent amendment of this By-Law may be continued although such structure of use does not con- form with the provisions of this By-Law, subject to the following condi- tions:
3. 1. 1 Any building, part of a building, or land which at the time of the adoption of this By-Law is being put to a nonconforming use may be:
a. Continued in that use provided such use has not been abandoned for a period of one year.
b. In all Districts, expansion of a nonconforming use is permitted on special permit from the Board of Appeals if the dimensional requirements of Section 2.6 and the parking and loading requirements of Section 3.4 and 3.5 are met on the property as owned at the time the use was made non- conforming.
c. Changed to a similar use or to a more restricted use, provided that when changed it shall not be returned to a less restricted use.
d. Rebuilt or restored at the same location and again used as pre- viously, in the case of a building destroyed or damaged by fire, explosion or other catastrophy, provided said owner shall apply for a building permit and start operations for restoration or rebuilding on said premises within twelve months after such catastrophy; and further provided that the building as restored shall be only as great in volume or area as the original nonconforming structure, unless a permit has been granted in accordance with Paragraph b above. (75% of the replacement cost)
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3. 2 Accessory Building - No accessory building or structure, except a permitted sign or a temporary roadside stand, shall be located within a required front or side yard or nearer to the rear lot line than 10 feet, except that on lots of less than 10,000 square feet, accessory buildings may be placed within 3 feet of a side or rear line.
3. 3 Minimum Residential Livable Floor area - No single dwelling, seasonal or year-round, shall be erected, reconstructed, remodelled, con- verted or altered so that the livable floor area shall be less than 768 square feet, or less than 500 square feet per dwelling unit in new multiple family dwellings.
3. 4 Parking Requirements - Any parcel on which a building is con- structed shall provide off-street parking areas sufficient for all vehicles destined for the premises, and at least in conformance with the following:
3. 4. 1 Stores-Retail Business - At least two spaces for each establishment or one space for each 100 square feet of floor space devoted to retail selling, whichever is larger, plus one space for each three em- ployees or nearest multiple thereof.
3. 4. 2 Offices-Banks and Similar Business - One space for each 150 square feet of floor area plus one space for each three employees or nearest multiple thereof.
3. 4. 3 Inns, Auto Courts, Tourist Homes, and Similar Uses - One space for each two sleeping accommodations plus one space for each three employees. Each double bed to be considered two sleeping accom- modations.
3. 4. 4 Theater, Funeral Homes and Places of Assembly - One space for each four seats.
3. 4. 5 Restaurants-Places Serving Food or Beverages - One space for each four seats plus one space for each three employees or nearest multiple thereof.
3. 4. 6 Residential Areas - Two spaces for each individual dwelling unit except in the case of multi-family dwellings where one space shall be provided for each family unit.
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ANNUAL REPORT
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3. 4. 7 Industrial, Manufacture and Wholesale Uses-One space for each two employees based on the maximum number of employees the plant is designed to employ.
3. 4. 8 Bowling Alleys - Four spaces for each alley.
3. 4. 9 Guest House - One space for each sleeping room.
3. 4. 10 Medical or Dental Center or Professional Offices - Four spaces for 800 square feet of floor area plus one space for each two em- ployees.
3. 4. 11 Other Uses - All other types of commercial and industrial uses not specifically mentioned shall have at least one space for each three employees plus one space for each 150 square feet gross floor area. One space shall be provided for each 300 square feet on other than ground floor.
3. 4. 12 Egress -- Not more than one entrance and one exit shall be permitted onto a street from any parking area per 200 feet of frontage or fraction thereof in a commercial district and 300 feet of frontage or frac- tion thereof, in other districts. Each entrance and exit may not be more than 30 feet in width.
3. 5 Loading Requirements - Berths shall be provided for the load- ing and unloading of stock, merchandise, equipment, supplies and other usual business and industrial commodities in accordance with the follow- ing conditions:
3. 5. 1 Retail Store and Service Establishments - For each retail store or service establishment with gross floor area of from 5,000 to 8,000 square feet at least one berth. Additional berths at the rate of one berth for each additional 8,000 square feet or nearest multiple thereof.
3. 5. 2 Office Buildings - For each office building with gross floor area of 4,000 square feet or more at least one berth shall be provided.
3. 5. 3 Manufacturing - Industrial Uses -* For manufacturing and industrial plants and similar uses of up to 8,000 square feet at least one berth shall be provided. For larger floor areas additional berths shall be provided as required by the Board of Selectmen.
3. 6 Commercial and Industrial District Standards -
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TOWN OF PLAINVILLE
1965
3. 6. 1 No activity shall be permitted in commercial or industrial districts unless its operation is conducted such that any noise, vibration, or flashing is not normally perceptible above street noise without instru- ments at any point further than the following:
a. For activities within a commercial district, eighty feet beyond the premises.
b. For activities within an industrial district, 250 feet beyond the premises, or at any point 100 feet within a residential district.
3. 6. 2 The operation shall be so conducted that all resulting cinders, dust, fumes, gases, odors, smoke, radiation, and electromagnetic inter- ference is effectively confined to the premises or disposed of so as to avoid any pollution. Smoke density shall not exceed #2 of the Ringelmann scale for more than 10% of the time and at no time shall exceed #3 on that scale. The activity shall not be detrimental to neighboring property by reason of special danger of fire or explosion.
3. 7 Sign Regulations -
3. 7. 1 General Prohibitions:
3. 7. 1. 1 Motion of Signs - Signs, any part of which moves or flash- es, or signs of the travelling light or animated type, and all beacons and flashing devices whether a part of, attached to, or apart from a sign, are prohibited; unless the Zoning Board of Appeals upon public hearing authorizes such a sign upon terms and conditions established by said Board; which authorization shall require a finding that the grant of such authorization would not in a substantial sense be injurious, noxious or offensive to the neighborhood.
3. 7. 1. 2 Illumination of Signs-All illumination of signs shall be so arranged as not to be directed towards any portion of a public way or upon another lot other than that upon which it is located and shall not cause glare on any portion of a public way or upon another lot than that upon which it is located.
3. 7. 2 Signs in Residential Districts - In districts RA, RB, RC, and RD, the following signs are permitted:
3. 7. 2. 1 One sign for each family residing on the premises indicat-
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ANNUAL REPORT
1965
ing the owner or occupant or pertaining to a permitted accessory use, provided that no sign shall exceed one square foot in area.
3. 7. 2. 2 One sign, not over fifteen square feet in area, pertaining to permitted buildings and uses of the premises other than dwellings and their accessory uses.
3. 7. 3 Signs in Business District - In districts CA, CB, and CC, the following signs are permitted:
3. 7. 3. 1 One sign mounted on the face or roof of the building not to exceed altogether in area more than 15% of the front wall area of the building if occupied by a single business or enterprise. Where a building is occupied by more than one business or enterprise, all signs together shall not exceed 15% of the front wall area of the building and each oc- cupant shall be entitled to erect a sign which in combination with all other permitted signs would exactly total 15% of said front wall area and would be also proportionate to the amount of square footage occupied by the occupant in said building, excluding for purposes of the proportion, common hallways and lavs and other common entries or areas within said building; provided however that in no case shall any sign extend above a flat roof or the elevation of the front wall by more than 20% of the aver- age height of the front elevation of said building.
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