USA > Massachusetts > Norfolk County > Plainville > Plainville, Massachusetts annual reports 1960-1965 > Part 54
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3. 7. 3. 2 One free standing sign located within the frontyard area of a building and not exceeding 15% of the front wall area of the building or 60 square feet, whichever is the smaller, provided that the building has a minimum setback of 30 feet and the sign is so located as to be set back 15 feet from the street line and 20 feet from any side line. Square footage
limitations above expressed relate to one face or side of the sign. A sign may have two faces, neither face exceeding the 60 square feet limitation above. Provided that inside theaters, drivein or outside theaters, and restaurants shall be governed by the foregoing provisions with the ex- ception that the square footage limitation shall be 120 square feet.
3. 7. 3. 3 Directional signs not to exceed 3 square feet in area.
3. 7. 3. 4 One window sign for each window of the building not to exceed in area 20% of the area of any window upon which located.
3. 7. 4 Signs in Industrial Districts - In districts IA and IB, the following signs are permitted:
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3. 7. 4. 1 One sign mounted on the face or roof of the main building not aggregating in area more than 15% of the front wall area of said building as determined by orientation to the principal trafficway or street, and not extending above a flat roof or the elevation of the front wall by more than 20% of the average height of the front elevation of said build- ing.
3. 7. 4. 2 One free standing sign located within the front yard area of the building and not exceeding in area 15% of the front wall area of the main building or 60 square feet, whichever is the smaller, provided said sign is set back a minimum of 20 feet from the street line and located a ยท minimum of 30 feet from lot lines.
3. 7. 4. 3 Unlighted directional signs not to exceed three square feet in area.
3. 8 Earth Removal
3. 8. 1 General - The removal of sod, loam, peat, humus, sand, clay, gravel, stone, shale or other minerals forming a part of the real estate of the town, except when necessarily incidental to or in connection with the construction at the site of removal of a building for which a per- mit has been issued within the past six months or for grading or other- wise improving the premises of which such building is a part, shall not be permitted except in accordance with the following conditions and pro- cedures:
3. 8. 2 Permit from Board of Appeals - Written application for a permit must be made to the Board of Appeals. The Board of Appeals shall hold a public hearing, giving legal notice, prior to issuing a permit. The following shall be conditions for such issuance:
3. 8. 2. 1 The application shall be accompanied by a plan showing existing grades in the area from which the above material is to be re- moved, and in surrounding areas, together with the proposed finished grades at the conclusion of the operation, and the proposed cover vegeta- tion and trees.
3. 8. 2. 2 A performance bond in an amount determined by the Board of Appeals has been posed in the name of the town assuring satis- factory performance in the fulfillment of the requirements of this By-Law and such other conditions as the Board of Appeals may impose as con- ditions to the issuance of its permit in the interests of safe-guarding the district and the town against injury, the future use of the land after oper-
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ations are completed, or to control the transportation of such material through the town. Upon failure to comply and forfeiture of the bond, monies therefrom shall be utilized by the town for the purpose of fulfill- ing these requirements.
3. 8. 2. 3 A written agreement has been executed specifying com- pliance with all provisions of this By-Law, and with such additional con- ditions as the Board of Appeals may require.
3. 8. 2. 4 No permit shall be valid for more than one year.
3. 8. 2. 5 Before granting a permit, the Board of Appeals shall give due consideration to the location of the proposed earth removal, to the general character of the neighborhood surrounding such location, and to the general safety of the public on the public ways in the vicinity.
3. 8. 3 Removal - Removal operations shall be subject to the fol- lowing conditions :
3. 8. 3. 1 Removal shall not take place at any grade less than one foot above the grade level of any adjacent street or way, or below a level that would reasonably be considered a desirable grade for the later de- velopment of the area, or below the grades specified on the plan ac- companying the permit application.
3. 8. 3. 2 During removal operations no slope shall exceed one foot vertical rise to one and one-half foot horizontal distance or the natural angle of repose of the material in a dry state, whichever is the lower, except in ledge rock.
3. 8. 3. 3 Provision shall be made for safe drainage of water, and for prevention of wind or water erosion carrying material onto adjoining properties.
3. 8. 3. 4 Soil shall not be disturbed within 100 feet of the boundaries of the premises, excepting at the conclusion of operations if required in order to improve the overall grading.
3. 8. 4 Restoration-Forthwith following the expiration or with- drawal of a permit, or upon voluntary cessation of operations, or upon completion or removal in a substantial area, that entire area shall be re- stored as follows:
3. 8. 4. 1 All land shall be so graded that no slope exceeds one foot
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vertical rise in three feet horizontal distance, and shall be so graded as to safely provide for drainage without erosion.
3. 8. 4. 2 All stumps and all boulders larger than one-half cubic yard shall be removed or buried.
3. 8. 4. 3 The entire area excepting exposed ledge rock shall be covered with not less than 4" of good quality loam, which shall be planted with cover vegetation adequate to prevent soil erosion, using either grasses or ground cover, depending upon conditions.
3. 8. 4. 4 Bond shall not be released until sufficient time has elapsed to ascertain that the vegetation planted has successfully been established and that drainage is satisfactory.
3. 8. 5 Additional Conditions - The Board of Appeals may set con- ditions in addition to the above before issuance of a permit, including but not limited to duration of the permit, hours of the during which removal may be permitted, hours during which vehicles may be permitted to leave the premises, trees to be planted, and the use of covers on loaded vehicles.
3. 8. 6 Renewal or Revocation of Permit - A permit may be re- newed only upon application and following a public hearing. Prior to re- newal, inspection of the premises shall be made by the building inspector to determine that the provisions of this By-Law are being complied with. The Board of Appeals, after hearing and proof of violation of the con- ditions of the agreement (3.8.2.3), of the permit, or of this By-Law, shall withdraw the permit, after which the operation shall be discontinued and the area restored in accordance with section 3.8.4.
3. 9 Home Occupations
3. 9. 1 Home occupations are permitted in accordance with Section 2.8 if conforming to the following conditions:
3. 9. 1. 1 The occupation or profession shall be carried on wholly within the principal building or within a building or other structure ac- cessory thereto, provided that an area no larger than twenty-five (25%) percent of the floor area of the residence is used for the purpose of the home occupation or the professional use.
3. 9. 1. 2 Not more than two persons outside the family shall be em- ployed in the home occupation.
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3. 9. 1. 3 There shall be no exterior display, no exterior sign except as permitted under Section 3.7, no exterior storage of materials and no other exterior indication of the home occupation or other variation from the residential character of the principal building.
3. 9. 1. 4 No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced.
3. 9. 2 A home occupation includes, but is not limited to the follow- ing:
Art Studio, Dressmaker, millinery, handicraft, Musician, Professional office of a physician, surgeon, dentist, lawyer, engineer, architect, land- scaping architect, or clergyman, hairdresser, Real Estate offices, broker, or insurance, within a dwelling occupied by the same.
3. 9. 3 A home occupation shall not be interpreted to include the following:
Clothing rental
Tourist home
Barber shops
Commercial stables and kennels
Restaurants
Band instrument instruction
Dancing instruction
Mortuary establishments
Convalescent homes
stores, trades, or business not herein excepted.
3. 10 Mobile Home or Dwelling
3. 10. 1 A socalled mobile dwelling shall at no time be serviced by or connected with power or utilities, public or private, or erected upon any form or kind of foundation or ever occupied for dwelling purposes, except in a registered trailer park, existing at the time of the enactment of this By-Law, or in a registered trailer park in the Town of Plainville as and to the extent only that this By-Law permits the same and not otherwise.
3. 10. 2 Socalled mobile trailers, mobile campers, boats and boat trailers shall not be stored for a period in excess of ten days in any Zon- ing District other than RA, RC, RB or RD. Storage in authorized Districts shall be at a site or location upon the lot approved by the Selectmen or
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their agent, and the decision of the said Board or agent is subject to ap- peal under Chapter 40A. Storage in an authorized District shall not be denied. This regulation intends only to regulate the location or site of storage so as to be least objectionable to the neighborhood. Provided that under no circumstances shall any such trailer, camper, boat or boat trailer be stored upon an undeveloped lot in any Zoning District.
ARTICLE IV - DEFINITIONS
4. 1 Definitions - In this By-Law the following terms, unless a con- trary meaning is required by the context or is specifically prescribed, shall have the following means. Words used in the present tense include the future, and the plural includes the singular; the word "lot" includes the word "plot"; the word "building" includes the word "structure"; the word "shall" is intended to be mandatory; "occupied" or "used" shall be considered as though followed by the words "or intended, arranged or designed to be used or occupied". The word "person" includes a corpora- tion as well as an individual.
Acessory Building - A subordinate building located on the same lot with the principal building or use, the use of which is customarily inci- dental to that of the main building or the use of the land.
Acessory Use - A use customarily incidental to that of the principal building or use of the land, and located on the same lot as such principal building or use.
Alterations - As applied to a building or structure, a change or re- arrangement in the structural parts or in the exit facilities, or an enlarge- ment whether by extending on a side or by increasing in height, or the moving from one location or position to another.
Airport - Facility for use by and the service of smail private craft, including the incidental sale, storage and repair of such craft.
Animal Kennel or Hospital - A structure used for the harboring and/or care of more than three dogs that are more than six months old, whether commercially operated or not.
Area, Building - The total of areas taken on a horizontal plane at the largest floor level of the principal building and all accessory buildings exclusive of uncovered porches, terraces and steps.
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Area, Net Site - The total area within the property lines excluding external streets.
Basement - A story partly underground but having at least one- half of its clear height above the average level of the adjoining ground.
Boarding House - Any dwelling in which more than two persons not members of the family residing on the premises, either individually or as families, are housed or lodged for hire with or without meals. A rooming house or furnished rooming house shall be deemed a boarding house.
Boathouse, Private - Facility for storage of boats for private use and not for hire.
Boathouse, Public - A structure for the storage of boats for remuner- ation or hire, but not including boat or fuel sales or major boat repairs.
Building Coverage - That percentage which the building area is of the net site area.
Building, Detached - A building completely surrounded by open space on the same lot.
Building, Front Line of - The line of that face of the building nearest the front line of the lot. This face includes sun parlors and covered porches whether enclosed or unenclosed but does not include steps.
Building Height - The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridge, for gable, hip and gambrel roofs.
Building, Principal - A building in which is conducted the main or principal use of the lot on which said building is situated.
Bulk Storage - Exposed outside storage of sand, lumber, coal, or other bulk materials, and storage of liquids in tanks except underground as an accessory use.
Business Offices - Facility for the transaction of business exclusive of the receipt, retail sale, or processing of merchandise.
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Camping, Commercial - Premises used for campers, tenting, or tem- porary overnight facilities of any kind where a fee is charged.
Camping, Supervised - Facilities operated on a seasonal basis for a continuing supervised recreational, health, educational, religious, and/or athletic program, with persons enrolled for periods of not less than one week.
Cellar - A story partly underground and having more than one-half of its clear height below the average level of the adjoining ground.
Cemetery - Premises for the cremation and/or burial of the dead; in- cluding embalming facilities.
Club - Premises or buildings of a non-profit organization exclusively servicing members and their guests for recreational, athletic, or civic purposes, but not including any vending stands, merchandising, or com- mercial activities except as required generally for the membership and purposes of such club. Does not include golf clubs or sportsmen's club as elsewhere defined, or clubs or organizations whose chief activity is a service customarily carried on as a business.
Contractor's Yard - Premises used by a building contractor or sub- contractor for storage of equipment and supplies, fabrication of sub- assemblies, and parking of wheeled equipment.
Dwelling - A building designed or used exclusively as the living quarters for one or more families.
Dwelling Conversion - Change in construction or occupancy of a dwelling to accommodate families in addition to the number by which it was previously occupied.
Dwelling, Mobile - A movable living unit designed for year-round occupancy, sometimes termed a trailer home, whether on wheels or on rigid supports.
Dwelling, Multi-family - A structure occupied by three or more families living independently of each other.
Dwelling, Single-family - A detached building occupied by a single family and having no party wall, or walls in common with an adjacent structure.
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Dwelling, Two-family - A detached building designed for two families.
Earth Removal - Extraction of sand, gravel, top soil, or other earth for sale or for use at a site removed from the place of extraction, ex- clusive of the grading of a lot preparatory to the construction of a build- ing for which a building permit has been issued, or the grading of streets in accordance with an approved Definitive Plan.
Erect - To build, construct, reconstruct, more upon, or conduct any physical development of the premises required for a building. To ex- cavate, fill, drain, and the like preparation for building shall also be con- sidered to erect.
Family - Any member of individuals living and cooking together on the premises as a single housekeeping unit.
Farm, Fur - Premises used for gain in the raising of fur-bearing animals.
Farm, Other Stock - Premises used for gain in the raising of stock other than poultry, pigs, or fur-bearing animals.
Farm, Poultry - Premises used for gain in the production of poultry and eggs, having more than ten poultry.
Farm, Pig - Premises used for gain in the raising of pigs.
Maximum Floor Area - The total floor area of a building or build- ings upon the same lot, including all floors but excluding the cellar.
Funeral Home - Facility for the conduct of funerals and related ac- tivities such as embalming.
Game Preserve - Premises used for hunting for fee.
Golf Course - An unlighted area of at least thirty acres, with nine or more standard holes and customary accessory buildings.
Guest House, Commercial - A dwelling of single-family character in which not more than four individual rooms are offered for rent, for the primary purpose of furnishing overnight lodging to tourists.
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Guest House, Private - A detached or semi-detached building located upon the same lot with a one-family dwelling containing not more than 250 square feet and not containing cooking facilities, the use of said building being limited to the entertainment of relatives and friends without fee or other costs.
Home Occupation - An occupation or a profession which: (a) Is customarily carried on in a dwelling unit or in a building or other struc- ture accessory to a dwelling unit, and (b) Is carried on by a member of the family residing in the dwelling unit, and (c) Is clearly incidental to the use of the dwelling unit for residential purposes.
Hospital - Facility for the care and treatment of patients, as licensed by the Massachusetts Department of Public Health.
Hotel - Premises used as individual sleeping or dwelling units with- out kitchens, with primary access to each unit through enclosed corri- dors.
Industrial Building - An enclosed structure whose original purpose was for manufacturing or storage.
Industrial, Light - Fabrication, assembly, finishing, packaging, processing, or research such that the following criteria are met: (a) No noise, vibration or flashing is normally perceptible above street noise without instruments at any point more than 350 feet from the premises. (b) Smoke density does not exceed #2 of the Ringelmann scale for more than 10% of the time, and at no time exceeds #3 on that scale. (c) All cinders, dust, fumes, gases, odors and electromagnetic interference is ef- fectively confined to the premises.
Junk - Any article or material or collection thereof which is worn out, . cast off or discarded and which is ready for destruction or has been col- lected or stored for salvage or conversion. Any article or material which, unaltered or unchanged and without further reconditioning can be used for its original purpose as readily as when new shall not be considered junk. Unregistered inoperative automobiles stored outdoors for more than six months shall be considered junk.
Junk Yard - The use of any area of any lot, whether inside or out- side a building, for the storage, keeping, or abandonment of junk, or scrap or discarded materials, or the dismantling, demolition or abandon- ment of automobile(s) or other vehicle(s) or machinery or parts thereof.
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Landscaping - Unoccupied space open to the sky on the same lot with a building, free of all structures, parking, pavement or other uses that preclude landscaping, maintained with grass or other plan material.
Lot - A continuous parcel of land meeting the minimum lot require- ments of this By-Law for the district in which such land is situated, and if occupied by a building or buildings, meeting the minimum yard require- ments of that district, and having the required frontage on a street or on such other means of access as may be determined in accordance with the provisions of the law to be adequate as a condition of the issuance of a building permit.
Lot, Corner - A lot which has an interior angle of less than 135 degrees at the intersection of two street lines. A lot abutting a curved street shall be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines intersect at an interior angle of less than 135 degrees.
Lot, Depth of - The mean distance from the street line of the lot to its opposite rear line measured in the general direction of the side lines of the lot.
Lot Frontage - That portion of a lot fronting upon a street or public way, to be measured continuously along one street line between its side lot lines and their intersection with the street line.
Lot Lines - The lines bounding a lot as defined herein.
Lot Width of - The mean width at the building line measured at right angles to its depth.
Mobile Structure - A movable structure designed for year-round oc- cupancy used for office or other non-residential activity.
Motel - Premises used as individual sleeping or dwelling units with- out kitchens, with primary access from each unit directly outdoors. The building or group of buildings may be either detached or in connected units. The term "motel" includes buildings designated as tourist courts, motor lodges, cabins, and by similar appellations.
Motor Vehicle, Boat, and Farm Implement Sales or Rental - Premises with first and/or second class license for new and/or used auto sales, or for auto rentals or similar establishments for boat or farm imple- ment sales. Includes incidental service facilities.
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Motor Vehicle, Boat, and Farm Implement Light Service - Premises for the supplying of fuel, oil, lubrication, washing, and minor repair serv- ices, not to include body work, painting, or major repairs.
Motor Vehicle, Boat, and Farm Implement General Repairs - Premises for the general repair of vehicles, including light service and minor body repairs and painting, but not to include premises primarily engaged in body repairs and/or painting.
Motor Vehicle, Boat, and Farm Implement Body Repairs - Premises principally used for body repairs and/or painting.
Motor Vehicle, Boat, and Farm Implement Used Parts and Dis- mantling - Premises used for the storage, dismantling, collection, and/or sale of parts from inoperative vehicles.
Municipal Use - Premises used for any operation by the town gov- ernment, except as elsewhere more specifically defined.
Non-Conforming Use of Land or Building - A building or land law- fully occupied at the time of adoption of this By-Law by a use that does not conform to the adopted regulations of the district in which it is situated.
Nursery or Greenhouse - Premises used for the propagation of trees, shrubs, vines, flowers, or other plants for transplanting, stock for grafting, or for cut flowers.
Nursery or Greenhouse, Private - An accessory use whose products are not for sale at either retail or wholesale.
Nursing, Convalescent, or Rest Home - Premises for the care of three or more persons, as licensed by the Massachusetts Department of Public Health.
Occupancy Permit - A permit issued by the Building Inspector authorizing the occupancy and the use of land and/or structures and buildings.
Parking, Accessory - Parking on the same lot as the principal use, to service that use only.
Parking, Business - Parking for the use of employees, customers, or .
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visitors of any non-residential activity, when not located on the same lot as the activity it serves, including the parking of up to three commercial vehicles.
Parking, Private - Accessory Parking, not including parking for more than one commercial vehicles, for vehicles of over two-ton load capacity, or of more than one vehicle for fee.
Parking, Public - Parking of non-commercial vehicles for fee, whether enclosed or not.
Philanthropic Institution - An endowed or charitably-supported, non- profit religious or non-sectarian activity maintained for public or semi- public use.
Porch, Covered - Part of a structure having a roof and floor either with or without enclosing walls or windows.
Printing - Premises used for reproduction services, including com- mercial printers, periodical printing, blueprinting, composition, and bind- ing.
Public Utility - Utility licensed by the Department of Public Works.
Public Utility Service Area - An area used for bulk storage, exposed equipment, or truck parking.
Radio Transmission - Premises used for the commercial transmis- sion of radio or television, not including studios.
Recreation, Indoor Commercial - Theatre, bowling alley, or other commercial recreation or entertainment carried on in wholly in an en- closed building.
Recreation, Outdoor Commercial - Drive-in theater, golf driving range, bathing beach, or other commercial recreation carried on in whole or in part outdoors, except those activities more specifically designated elsewhere in this By-Law.
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