USA > Massachusetts > Middlesex County > Chelmsford > Town annual report of Chelmsford 1963 > Part 6
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70
ANNUAL TOWN REPORT
Floor Area of a Building-The sum of the gross horizontal area of the several floors of a building and its accessory buildings on the same lot, excluding cellars, but including the area of basements, roofed porches and roofed terraces. All dimensions shall be measured between exterior faces of walls.
Floor Area, Livable-The sum of the gross horizontal area of the floors of a dwelling used or intended to be used for living, sleeping, cook- ing, or eating purposes, excluding cellar or basement floor areas where the window area does not exceed 10% of the floor area, garages, breeze- ways, carports, porches, and the area with less than five foot clear head- room under sloping ceilings.
Floor Area Ratio-The ratio of the floor area of a building or build- ings on one lot to the total area of the lot.
Funeral Home-Facility for the conduction of funerals and related activities such as embalming.
Garage, Private-A garage used for storage purposes only and having a capacity of not more than three automobiles. If space thereon is used for more than one commercial vehicle, or for vehicles exceeding two ton capacity, or if space is rented for more than one vehicle of other than the occupants of the building to which such garage is accessory the garage shall be considered a Transport Terminal.
Golf Course-An unlighted area of at least 30 acres, with nine or more holes and customary accessory buildings.
Granite Operations-The removal and processing of granite for construction use, not including stone crushing.
Home Occupation-An occupation or a profession which:
(a) Is customarily carried on in a dwelling unit or in a building or other structure 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 and secondary to the use of the dwelling unit for residential purposes, and
(d) Which conforms to the following additional conditions: (1) The occupation or profession shall be carried on wholly within the principal building or within a building or other struc- ture accessory thereto, provided that no more 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.
(2) Not more than one person outside the family shall be em- ployed in the home occupation.
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ANNUAL TOWN REPORT
(3) There shall be no exterior display, no exterior sign except as permitted under Section IX, no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building. (4) No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced.
In particular, a home occupation includes, but is not limited to the following:
Art Studio
Dressmaker, millinery, handicraft
Musician
Professional office of a physician, surgeon, dentist, lawyer, engineer, architect, landscape architect or clergyman, within a dwelling occupied by the same
Real estate offices, broker, insurance
Hair dresser
However, a Home Occupation shall not be interpreted to include the following:
Clothing rental
Tourist home
Barber shops
Commercial stables and kennels
Restaurants and tea rooms
Dancing instruction
Band instrument instruction
Convalescent homes
Mortuary establishments
Stores, trades or business not herein excepted
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 collected 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 con- sidered 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 outside a building, for the storage, keeping, or abandonment of junk, or scrap or discarded materials, or the dismantling, demolition or abandonment of automobile(s) or other vehicle(s) or machinery or parts thereof.
Light Industry-Fabrication, assembly, processing, finishing work or packaging in such a manner that regulations of Section VII are con- formed to.
Lodge Building-Structure occupied by a non-profit social or civic organization.
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ANNUAL TOWN REPORT
Lot-A continuous parcel of land meeting the minimum lot require- ments of this By-Law for the district in which said 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, said frontage to be measured continuously along one street line between its side lot lines and their intersection with the street line.
Lot, Interior-A lot other than a corner lot.
Lot Lines-The lines bounding a lot as defined herein.
Lot, Through-An interior lot having frontage on two parallel or approximately parallel streets.
Lot, Width of-The mean width at the building line measured at right angles to its depth.
Motor Vehicle Repair Shop-A building, or portion of a building, ar- ranged, intended or designed to be used for making repairs to motor vehicles.
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.
Nursing or Convalescent Home-Any building with sleeping rooms where persons are housed or lodged and furnished with meals and nursing care for hire.
Nursery School-A school designed to provide daytime care or in- struction for two or more children from two to five years of age inclusive and operated on a regular basis.
Occupancy Permit-A permit issued by the Building Inspector au- thorizing the occupancy and the use of land and/or structures and buildings.
Open Space-An 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.
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ANNUAL TOWN REPORT
Parking Space-The area required for parking one automobile, which in this By-Law is held to be an area 9 feet wide and 20 feet long, not including passageways.
Parking, Private-Space for parking, accessory to a principal use, not to include parking for fee or parking of more than one commercial vehicle except on farms.
Parking, Public-Parking of non-commercial vehicles for fee, whether enclosed or not.
Porch, Covered-Part of a structure having a roof and floor either with or without enclosing walls or windows.
Research, Experimental and Testing Laboratory-Premises used for research in such manner that the requirements of Section VII are adhered to.
Restaurant-Structure for indoor sale and consumption of meals. Does not include "drive-ins".
Retail Stores and Services-Premises used for the retail sale of goods for personal or household use, with storage or processing occupy- ing not more than 50% of the gross floor area, and also premises used for personal, business or household services.
Riding Academy-Any establishment where horses are kept for riding, driving, or stabling for compensation, or incidental to the opera- tion of any club, association or similar establishment.
Roadside Stand-A structure of a semi-permanent or temporary type located in a district in which agricultural uses are allowed, from which raw produce, the major portion of which is grown on the premises, is offered for sale to the public.
Sign-Any structure or part thereof attached thereto or painted or represented thereon, which shall display or include any letter, word, model, banner, flag, pennant, insignia, device or representation used as, or which is in the nature of an announcement, direction or advertisement. The word sign includes the word "billboard" but does not include the flag, pennant or insignia of any nation, state, or other political unit, or of any political, educational, charitable, philanthropic, civic, professional, re- ligious or like campaign, drive, movement or event.
Sign, Area of-The area of a free-standing sign shall be considered to include all lettering, wording, and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed. The supporting framework, open or enclosed, may be part of the design, but for purposes of this By-Law shall not be considered part of the sign area unless used for lettering, wording or symbols. When the sign consists of individual letters or symbols attached to or painted on a surface, building, wall or window, the area shall be considered to be that of the smallest rectangular or other regular shape which encom- passes all of the letters and symbols.
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ANNUAL TOWN REPORT
Stable, Private-An accessory building in which horses are kept for private use and not for hire, remuneration or sale.
Stable, Public-A building in which horses are kept for remuneration, hire or sale.
Story-That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between any floor and the ceiling next above it.
Story, Half-A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story.
Street-A way other than a private way, which affords the principal means of access to abutting properties.
Street Line-The line between the lot and the street layout.
Structure-Anything constructed or erected, the use of which re- quires location on the ground, or attachment to something located on the ground except a boundary wall or fence.
Temporary Structure-Tent or construction shanty to be used for less than one year.
Tourist Home-A domicile or private residence where rooms are rented to overnight guests.
Trailer House-Any portable or mobile vehicle used for living pur- poses and standing on wheels or on rigid supports.
Transport Terminal-Yards or structures for the storage and/or servicing of two or more commercial vehicles or of one or more trucks over two-tons.
Use-The specific purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained. The term "Permitted Use" or its equivalent shall not be deemed to in- clude any non-conforming use.
Warehouse and Open Storage-Storage of bulk goods either indoors or out for distribution but not for retail sale on premises.
Way, Private-A way which has not been accepted by the Town as a public way, or one which has not been dedicated to public use, or one which is not part of an approved subdivision, or one in which the public has not acquired right of usage by prescription.
Wholesaling-Sale of goods except at retail, without outdoor storage.
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ANNUAL TOWN REPORT
Wildlife Raising-The non-commercial propagation of wildlife through watercourse changes, placement of feeding stations, and other actions not including the construction of substantial structures.
Wood Operation-Forests, wood lots, portable wood-working mills and machinery located on the property for use in connection with the forest and wood lot operations of the owner only.
Yard-An unoccupied space, open to the sky, on the same lot with the building or structure.
Yard, Front-An open unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the street line and the front line of the main building projected to the side line of the lot.
Yard, Rear-An open space on the same lot with a main building, unoccupied, except as hereinafter permitted, extending the full width of the lot and situated between the rear line of the lot and the rear line of the main building projected to the side line of the lot.
Yard, Side-An open unoccupied space on the same lot with the building, situated between the building and the side line of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side line.
SECTION III-ESTABLISHMENT OF DISTRICTS
3.1 Establishment of Districts-For the purpose of promoting the public health, safety, morals and general welfare, the Town of Chelms- ford is hereby divided into the following types of districts:
Single Residence District RA
Single Residence District RB
General Residence' District RC
Neighborhood Commercial District CA
Roadside Commercial District
CB
Shopping Center District CC
General Commercial District
CD
Limited Industrial District
IA
General Industrial District IB
The boundaries of each of the said districts are hereby established as shown, defined, and bounded on the map accompanying this By-Law and on file with the Clerk of the Town of Chelmsford, entitled "Zoning Map", dated May 1963. All explanatory matter thereon is hereby made a part of this By-Law.
(a) Where the boundary lines are shown upon said map as ap- proximately following the street lines of public and private ways or railways, the center lines of such ways shall be the boundary lines.
(b) Where the boundary lines are shown approximately on the location of property lot lines, and the exact location of property, lot, or boundary lines is not indicated by means of dimensions shown in figures, then the property or lot lines shall be the boundary lines.
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ANNUAL TOWN REPORT
(c) Boundary lines located outside of street lines and shown ap- proximately parallel thereto shall be regarded as parallel to such street lines, and dimensions shown in figures placed upon said map between such boundary lines and street lines are the distance in feet of such boundary lines from such street lines; such distances being measured at right angles to such street lines unless otherwise in- dicated.
(d) In all cases which are not covered by other provisions of this Section, the location of boundary lines shall be determined by the distance in feet, if given, from other lines upon said map, by the use of identifications as shown on the map, or by the scale of the map.
(e) Where a district boundary line divides any lot existing at the time such line is adopted, the regulations for any district in which the lot has frontage on a street may be extended not more than thirty feet into the other district.
(f) Where the district boundary lines follow a stream, lake, or other body of water, said boundary line shall be construed to be at the thread or channel of the stream, or at the limit of the jurisdiction of the Town of Chelmsford, unless otherwise indicated.
SECTION IV-APPLICATION OF REGULATIONS
4.1 Application of Regulations-Except as hereinafter provided:
(1) No building or land shall hereafter be used or occupied and no building or part thereof shall be erected, moved, or altered unless in conformity with the regulations herein specified for the district in which it is located.
(2) No building shall hereafter be erected or altered to accommodate or house a greater number of families; to occupy a greater per- centage of lot area; or to have narrower or smaller rear yards, front yards, side yards, than is specified herein for the district in which such building is located.
(3) No part of a yard or other open space about any building re- quired for the purpose 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.
11, 1.2 herein
SECTION V-USE AND INTENSITY REGULATIONS
5.1 Conditions-In the districts specified in Section 3.1 no building or structure shall be erected or used and no premises shall be used ex- cept as set forth in the "Use Regulations Schedule" and "Intensity of Use Schedule". Symbols employed shall mean the following:
P-A permitted use
O-An excluded or prohibited use
A-Use authorized under special permits as provided for in Section 5.2 Permitted Uses-Permitted uses and uses authorized by the
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ANNUAL TOWN REPORT
Board of Appeals shall be in conformity with the provisions of Sections 5.3, 5.4, 5.5, and VII.
5.3 Use Regulations Schedule
Residential Uses
RA RB RC CA CB CC CD IA IB
Single Family Dwelling
PPPAPO000
Two Family Dwelling
OOPO
P 0
O 0 0
Apartment House
0
0
A 0
A 0
P
P 0
P
0
0
Boarding House3
0
A
P
0
P
0
P
0
0 P
Garage, Private
P
P
P
P
P
P
P
P
Trailer House'
0
0
0
0
O
Auto Court
0
O
A
Recreational Uses
Club or Lodge Building
0
0
P
0
P
0 0
0
O 0
O
O
0
Boathouse, Private
0
P
P
O
P
O
0
0
0
Boathouse, Public
0
0
0
O
O
O
0
0
Riding Academy
0
Golf Course
0
A
O
0
O
O
O
0
Camping Ground, Commercial Rural Uses
Farm (crops)
0
P 0
P
0
P
O
0
0
0
0 0
O
0
0 0
Wood Operation"
0
P
O
0
0
O
Wildlife Raising
0
0
O
O
O
Business Uses
Commercial Greenhouses
0
0
0
0
P
Home Occupation10
0
A
P
P
P
Retail Stores & Service
0
O
O
P
P
A
0
0 0
Auto Salesroom
0
1 (Footnote No. 1 Omitted)
2 See General Regulation 6.7
3 Not more than five boarders
4 Including temporary storage
5 See General Regulations 6.8
៛ Provided that no stables are within 200 feet of a lot or street line
" Hogs and fur bearing animals not permitted
8
See General Regulations 6.6
9 Provided there is no storage of products within 100 feet of a street line
10 In existing dwellings only
0 0 0 0 P A 0
0
Amusement, Indoor
0
0
O
0
0
O 0
O
Stables, Private5
Stables, Public®
0
A
0
0
A
0 0
0 O 0
0 0
0 O 0
0 P
Farm (poultry)
0
P
0
O
P
P
Roadside Stand8
0
P
0
0 0 P
0 0 0 P
P 0 0
O 0
0
P
P
A
A
Conversion of Dwellings2
A A P
Tourist Home
O
O
P
0
P
0 0
P P
0 0 0 P
0
Amusement, Outdoor
0
0
P O
0
A
A
A
A
O
0
0
0
Farm (stock)7
0
0 0
0 O P 0 0 0
P 0
A 0 0
P
0 0 0
O
0
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ANNUAL TOWN REPORT
Business Uses
RA RB RC CA CB CC CD IA IB
0
0 0
0
P
0000
0
0
0
A
P 0 PPO
Funeral Home
0
0
A
0
P 0
0
0 0
0
Motor Vehicle Repair11 Filling Station11
0
0
0
0
P
P
A
0
0
0
0
P
P
Private Parking
P
P
P
P
P
P
P
P
P
P
Restaurants
Nursery School
"Drive-In" Restaurant
0
0
Nursing or Convalescent Home
0
Industrial Uses
Earth Removal12
0
O
0
0
P O
0 0 O
A P
P
Warehouses
0
0
O
0
0
0
0 P
P
Junk Yard
0
0
0
O
0
0
0
O 0 O
P P P
P
Dump
0
0
0
0 0
O
0 0
0 0
0 0
0 P
Research, experimental & Testing Laboratory
00 0 0 0 0 0
P P
Institutional Uses
Municipal Building
PPPPP
PPP
Public Utility
AAAAA
Public Utility with Service Yard
0000
O
0 0
0 0
0 0
Hospital
O A
PO
P
0
POO P 0
Other Uses
Signs13
P
P P
P
P
P
P
P P
Airport
0 0
0
0
0
0 P
0 P
P
P
Temporary Structure
PPP P
P
P P
11 No structures permitted within 50 feet of a residential district
12 See Section X
13 See Section IX
A
AAOA
Cemetery
OPOO
0
0 0
0
0
Transport Terminal
0
Bulk Storage
0
0
0
0
0
O
Cafeteria for Use of employees only, as an accessory use
0
0
0
Granite Operations
0
0
0
0
P
P
P 0
0
Light Industry
0
0
0
0
0
A
A
P
0
P
P
Public Parking
0
P
0
A
P
0
0
0
0
Dog Kennel Animal Hospital
0
0
0
0
0
0
Printing Shop
P
P
P
0 0
A
0
O
0
0
P 0 0
P P
P P
Public or Semi-Public Institution of an historical philanthropic or charitable character
0
A
A
O 0
P P
Wholesaling Business Office
0 O 0
0
79
ANNUAL TOWN REPORT
5.4 Intensity of Use Regulations
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 inten- sity of use schedule, except when a portion of a lot is taken or conveyed for a public purpose.
No building shall be erected or used or premises used except in con- formity with the intensity of use schedule, with the exception that for lots shown as separate parcels on definitive plans approved by the Plan- ning Board and duly recorded or filed in the Registry of Deeds or Land Court subsequent to June 11, 1956, and prior to adoption of this By-Law, the lot area, yard, and frontage requirements in effect when that defini- tive plan was approved shall apply.
5.5 Intensity of Use Schedule
RA
RB
RC
CA
CB
CC
CD
IA&B
Minimum Lot Requirements
Area (1,000 s.f.) __
40
40
20a
40b
40b
100
-b
40
Width (feet)
150
150
125
150
150
200
-b
150
Depth (feet)
150
150
125
150
-b
200
-b
150
Frontage (feet)
250
150
125
150
150
200
-b
150
Minimum Yard Requirements
c Front (feet)
40
40
20
20
20
20
0
40e
Side (feet)
25
25
12
0d
0d
0d
0d
40e
Rear (Feet)
30
30
20
20
20
0d
0d
30e
Maximum Building
Coverage
15%
15%
20%
30%
30%
25%
40% 30%
Hight (feet)
35
35
45
35
45
35
45
45
Landscaped Open Space. (% of Lot area)
2000
10%
10%f - 10%f
s.f./
unit
Maximum Floor Area - Ratio
0.4
0.4
0.4
0.25
0.6
0.3
For apartment houses, 10,000 sq. ft. per unit for first two units, 5000 sq. ft. for the next two families to be accommodated and thereafter one thousand (1000) sq. ft. of lot area for each additional family accommo- dated.
b- Requirements for RC district shall apply to residential uses permitted in CA, CB and CD districts.
c-Corner lot shall maintain front yard requirements for each street frontage.
d-Increase to 20 feet when abutting a residential district or use. Re- quired side and rear yards to be landscaped open space.
e-Increase to 100 feet when abutting a residential district. Twenty feet of this shall be landscaped open space.
f- Required in front yard.
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ANNUAL TOWN REPORT
SECTION VI-GENERAL REGULATIONS
6.1 Nonconforming Uses-The lawful use of any structure or land existing at the time of the enactment or subsequent amendment of this By-Law may be continued although such structure or use does not con- form with provisions of the By-Law, subjected to the following con- ditions and exceptions :
6.1.1 Abandonment-A nonconforming use which has been aban- doned or discontinued for a period of one year shall not be re-established and any future use shall conform with the By-Law, except in the case of land used for agriculture, horticulture, or floriculture when such non-use shall have existed for a period of five (5) consecutive years.
6.1.2 Alterations-A nonconforming structure may not in any one year be altered or reconstructed if the cost of such alterations exceeds 50% of the replacement value of the structure at the time of the change.
6.1.3 Extension-No increase in the area or extent of the noncon- forming use of a structure or land may be made.
6.1.4 Restoration-No nonconforming structure damaged by fire, storm or other causes to the extent of more than 75% of its replacement value shall be repaired or rebuilt except in conformity with the By-Law, and further provided that such restoring shall be completed within two (2) years after such catastrophe.
6.1.5 Changes-Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use.
6.1.6 Discontinuance-The non-conforming non-agricultural use of land and buildings shall be discontinued within five years of June, 1963, or the date the use became non-conforming, whichever is later, in each of the following cases:
a) Where no buildings are employed with such use,
b) Where the only buildings employed are accessory or incidental to such use,
c) Where such non-conforming use or land is maintained in connection with a conforming building,
d) Where non-conforming use is being made of a residential structure in a residential district.
6.2 Accessory Building-No accessory building or structure, except a permitted sign or a roadside stand, shall be located within a required front yard area. A detached accessory building may be located in the rear yard areas and on the same lot as the principal building, provided that not more than twenty-five (25%) percent of the required yard area shall be so occupied, and further provided that an accessory building shall
81
ANNUAL TOWN REPORT
not be located nearer than ten (10) feet from the principal building and at least five (5) feet from any side of rear lot line, and subject to the yard requirements of the district in which it is located. An accessory building attached to its principal building or within ten feet of it shall be considered an integral part thereof and as such shall be subject to the front, side and rear yard requirements applicable to the principal building.
6.3 Parking Requirements-The following parking requirements shall apply to all premises in all districts, except that any isolated lot or combination of contiguous lots under common ownership in the CD district which at the time of adoption of this By-Law had less than 20,000 square feet of area shall be exempted. The use of no premises shall be authorized or extended, and no building or structure shall be erected or enlarged, unless there is provided sufficient off-street parking space on paved areas within a reasonable distance of the principal building for all vehicles whose occupants are using the premises. Minimum require- ments are as follows:
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