USA > Massachusetts > Essex County > Ipswich > Town annual report of Ipswich 1939 > Part 10
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NOTE RESIDENCE A ZONE EXTENDS 500 FT. FROM CENTER LINE ON EACH SIDE OF ESSEX RD. FROM COUNTY RD. TO CENTER LINE OF HEARTBREAK RD.
Things To Remember When Reading Proposed New Zoning By-Law (THE ZONING BY-LAW IS PRINTED IN FULL ON NEXT PAGE)
ZONING LOOKS TO THE FUTURE. It aims to preserve present growth and protect the town as to future developments. The NOT ATTEMPT TO proposed by-law is not an attempt RE MODEL THE TOWN to remodel the town or change its character. It aims to conserve the present while allowing for the expansion which is bound to come as quick transportation draws us nearer the Metropolitan areas.
THE PROPOSED BY-LAW does not require any property owner to make any change in the present use of his premises. It does not prevent him' from doing with his land anything his neighbor is not NON-CONFORMING also prevented from doing for his USES MAY CONTINUE benefit and protection. Nothing in this by-law changes an existing use of premises. It will prevent greatly increased or changed use, to the public detriment, of premises whose uses are now ill-suited to their neighborhood, but it will not and can not touch them as they exist.
A STUDY OF THE MAP will show that the proposed district boundaries are the boundaries of the different types of development DISTRICTS DETERMINED which have acually occurred in the BY PRESENT GROWTH past, and that they provide for ad- equate and economical growth in
the future.
SECURITY is what the present buyer wants. He will consider the finest lot a poor investment unless he knows how the lot next door ZONING AIDS may be developed. This security EXPANSION is even more important to the small lot than to the large. because
BUSINESS AND INDUSTRY in Ipswich, according to com- parison of towns of similar size, have already sufficient area devoted to AMPLE AREA FOR them, with sufficient vacant land
BUSINESS AND INDUSTRY included, to take care of a consider- able growth. The proposed by- law provides therefore only for some expansion in outlying areas al- ready having some stores which serve local needs.
RESIDENTS PAY THE BULK OF THE TAXES in Ipswich, and Ipswich is dependent on taxes. Ipswich has a great deal of land suitable for residence, and people in congested areas are seeking the MORE RESIDENTS WILL country. If Ipswich is to get its INCREASE REVENUE share of these homeseekers, it must FROM TAXES be able to assure them that what they buy for a home today will be
suitable for a home tomorrow. It is probable that more than one sale in Ipswich has fallen through, and more than one mortgage has been turned down, because the town is not zoned.
ECONOMY OF OPERATION is as important to a town as to a business. By zoning present outlying districts for large lots, the by-law prevents the possibility which has proved so costly to other towns, of a subdivision development of small lots so far from the TOWN INCOME MUST center that public utilities must be EQUAL TOWN carried .. long .. distances .. to .. reach them, at a cost in excess of what EXPENDITURES the lots can return in taxes ... Fur- thermore, a scattered population on small lots that pay small taxes is wasteful of town funds for streets, water mains, electric service and eventually sewers.
THE INDIVIDUAL FAMILY pays out of its own pocket in the long run for the public utilities of the whole town. If on the out- skirts these are too costly to be borne by the taxes paid by the outskirts, EVERY TAXPAYER those living at the center pay the PAYS THE BILL FOR difference. Therefore, the proposed COSTLY EXTENSION OF PUBLIC UTILITIES by-law encourages future develop- ment in small lots where utilities already exist or can be easily pro- vided, while land farther out is at present left in larger lots which need per acre much less expense for public utilities and schools but may re- turn more per acre in taxes when built upon. The tax record of Ips- wich bears this out. Then, as the town expands, amendments to the by-law may push out the boundaries of small developments as called for.
CHANGES IN THE PROPOSED DISTRICTS and in the pro- posed by-law itself are always possible where the situation demands. THE BY-LAW Read the parts of the by-law cov-
IS FLEXIBLE ering this, and you will see that there is no attempt here to deter- mine conditions in advance for all time. Any town grows and changes, and any good zoning plan grows and changes with it.
ENFORCEMENT of the proposed by-law is provided in accord- ENFORCEMENT IS GOV- ance with the General Laws of the ERNED BY GENERAL LAWS Commonwealth, and the powers and duties of the Board of Appeals and the Selectmen acting as Zoning Inspectors are governed by these laws, known as the Zoning Enabling Act, and to be found in Acts of 1933, Chapter 269, amending Chapter 40 of the General Laws.
neighbors are nearer.
Proposed Zoning By-Law for Town of Ipswich
Prepared by the Zoning Bnard
(in accordance with a vote of the Town Meeting held on April 27. 1937.)
A by-law to promote health, safety, convenience and welfare in the Town of Ipswich through the regulation of the location and use of buildings and the use of premises therein. pursuant to General Laws Chapter 40, as amended by Chapter 269 of Acts of 1933, and any and all other amendments and additions thereto.
DEFINITIONS
1. Words used in the present tense include the future; the singular number includes the plural and the plural the singular: the word "lot" includes the word "plot": the word "building" includes the word "structure".
2. A "family" is any number of individuals living together as a single housekeeping unit.
3. A "dwelling" is any building used in whole or in part for human habitation.
4. A "lot" is a single tract of land held in identical ownership throughout, bounded by streets, ponds or waterways or by land of other owners.
5. A "corner lot" is a lot at the junction of and fronting on two or more intersecting streets twenty (20) feet or more in width.
6. An "accessory use" is a use customarily incidental to the uses permitted in a district, which is not injurious, noxious or offensive to or inconsistent with the character of said district. An accessory use is such witbin the provisions of this by-law only wben carried on on the same lot with the building to which it is accessory.
7. A "non-conforming use" is a use incompatible with the reg- ulations for the use district in which it exists.
DISTRICTS
Sertion I. Establisbmenr of Districts.
For the purpose of this by-law the Town of Ipswich is hereby divided into six (6) classes of districts, as follows: Residence A Districts Residence B Districts Agricultural Districts Business A Districts Business B Districts Industrial Districts. Said districts are as shown,
defined and bounded on the Map accompanying this by-law, entitled "Zoning Map of the Town of Ipswich prepared under the direction of the Zoning Board. by Frederick Johnstone Adams, City Planning Consultant, or as hereafter amended, dated March 4, 1939 and filed with the Town Clerk." Said Map and all explanatory matter are hereby made a part of this by-law.
Section II. Boundaries of Districts.
1. The boundaries between districts are as shown upon said Map. Where zone lines apparently follow property lines. they shall be so interpreted. Where a boundary line is indicated upon a street, the line shall be the center line of the street. Where a boundary is indicated other wise rhan above. it is determined by the location on said Map. Where a boundary is indicated approximately parallel to a street, it shall be taken as parallel thereto, and if there is any variance between the scaled distance between the boundaries and the side line of the street and the distance as marked in feet upon the Map, the latter shall govern.
2. Where a district boundary line divides a lot, as existing at the time this by-law takes effect. and the major portion of said lot is in the less restricted district, the regulations relating to that district may extend as well to such portion of said lot as is not more than thirty (30) feet within the more restricted district.
RESIDENCE AND AGRICULTURAL DISTRICTS
Section III. Use Regulations in Residence Districts.
In Residence districts no building or premises shall be used for any industry, trade, manufacturing, commercial or other purpose ex- cept one or more of the following:
1. Dwelling for occupation by not more than two families, except as hereinafter provided in paragraph 8., c., of this Section.
2. Cburch and parish house.
3. School, library, museum and similar use of an educational cbar- acter.
4. Sign erected hy public authority.
5. Sign, not over six (6) square feet in area, advertising tbe sale, rental or lease of the premises or any part thereof, and referring only to the premises on which it is erected.
6. Public utility serving the district.
7. Municipal recreational use.
8. The following, subject to permit by the Board of Appeals:
a. Medical, charitable or philanthropic use, but not a correctional institution, place of detention or hospital for the mentally de- fective.
h. Club and similar organization not conducted for profit.
c. Remodeling, as housekeeping apartments, for occupation by more than rwo families, of a single or two-family dwelling ex- isting at the time this by-law takes effect, provided the charac- ter of such building is not substantially altered thereby.
9. Any use accessory to the foregoing. In Residence districts the fol- lowing regulations shall apply to accessory uses:
a. The use of a room or rooms as an office, studio, or working room for home occupatiens, in a dwelling or building accessory thereto, is considered an accessory use. In such cases no goods shall be displayed or offered for sale in such manner as to alter the residential character of the premises, and no sign for the ad- vertising of goods or services shall be more than two (2) square feet in area.
b. The renting of rooms and the furnishing of table board in a dwelling shall be considered an accessory use in a Residence dis- trict. Such uses shall not be carried on in an accessory build- ing, no sign over two (2) square feet shall be displayed, and nothing herein shall be construed to permit the construction or operation of a tourist camp, trailer site, restaurant or inn.
Section IV. Use Regulations in Agricultural Districts.
In Agricultural districts no building or premises shall be used for any industry, trade, manufacturing, commercial or other purpose ex- cept one or more of the following:
I. Any use or accessory use permitted in Residence districts as set forth in Section 111.
2. The raising, keeping and sale of products of the soil, live stock and poultry, including the preparation and sale of natural pro- ducts derived directly therefrom, subject to provisions of para- graph 3 of this section. Nothing herein shall be taken to permit a commercial use not directly agricultural or accessory to an actual agricultural use of the premises.
3. Tbe following, subject to permit by the Board of Appeals: a. Cemeteries. b. Air ports and fields.
c. Boat and ship yards.
d. Recreational uses open to the public and any structure thereon.
e. Restaurant or inn not inconsistent with the character of the dis- trict.
f. Gravel pit; removal of loam from premises other than removal incidental to excavation for building operations.
4. Any use accessory to the foregoing.
Section V. Area and Yard Regulations in Residence and Agricultural Districts.
1. In Residence A districts there shall be for each principal build- ing a lot frontage of not less than eighty (80) feet upon the frontage street and an area of not less than twelve thousand (12,000) square feet.
2. In Residence B districts there shall be for each principal build- ing a Iot frontage of not less than sixty (60) feet upon the frontage street and an area of not less than six thousand (6,000) square feet.
3. In Agricultural districts there shall be for each principal build- ing a lot frontage of not less than one hundred (100) feet upon the frontage street and an area of not less than one (1) acre.
4. Paragraphs 1. 2, and 3 of this Section shall not apply to lots of less than the required frontage and area duly recorded hy plan or deed with the Registry of Deeds at the time this by-law takes effect : provided, however, that such plan shall bave be- come binding upon the owner in order to come within the ex- emptions of this paragraph.
5. In Residence and Agricultural districts no part of a building shall extend nearer any street line than fifteen (15) feet, ex- cept that no building need be set back more than the average of the set-backs of the buildings on the lots adjacent thereto on each side, a vacant lot. or a lot occupied by buildings set back more than fifteen (15) feet being counted as if occupied by a building set back fifteen (15) feet: but in no case shall any part of a building extend nearer any street line tban ten (10) feet
6. In any Residence or Agricultural district no principal building and in any other district no building used for dwelling pur- poses, shall have a side wall. except a party wall where such wall is permitted, nearer to any side lot line than ten (IO) feet: or a rear wall nearer to any rear lot line than twenty (20) feet; except that for each foot by which the lot is greater or less than one hundred (100) feet in depth. six (6) inches shall be added to or deducted from the required depth of the rear yard; but no rear yard shall be required to be more than thirty (30) feet or permitted to he less than ten (10) feet in depth.
7. In Residence or Agricultural districts accessory buildings shall not be nearer than three (3) feet to a side or rear lot line, and shall not occupy more than twenty-five (25) per cent of the required rear yard area.
8. Projecting eaves, chimneys, bay windows, balconies and like projections. which do not project more than three and one half (3)/2) feet. and unenclosed steps, unroofed porches and the like, which do not project more than ten (10) feet beyond the line of the foundation wall. may extend beyond the min- imum yard requirements herein described.
9. No lot shall be changed in size or shape so that the area, yard, or coverage provisions herein prescribed are no longer satisfied. This paragraph shall not apply where a portion of a lot is ac- quired for a public purpose.
Seccion VI. Access to Commercial or Industrial Buildings.
No driveway or other means of access for vehicles other than an ac- cepted street shall be maintained or used in any Residence or Agricul- tural district for the servicing of a commercial or industrial building located in a business or industrial district.
BUSINESS DISTRICTS
Section VII. Use Regulations in Business Districts.
In Business districts no building or premises shall be used for any industry, manufacturing or other purpose except one or more of the following:
1. Any use permitted in Residence or Agricultural districts, sub- ject to the provisions of Sections Ill and IV.
2. Apartment house, tenement house or hotel, subject to other laws and by-laws.
3. Restaurant or other eating place.
4. Business or professional office: bank.
5. Theatre, hall, club or other place of amusement or assembly, subject to other laws and by-laws.
6. Store, shop or workroom for retail business.
7. The following subject to permit by the Board of Appeals: a. Storage yard or warebouse.
b. Gasoline filling station, oil station, automobile repair shop. stable or bus station.
c. Bill boards in Business A districts as regulated by law and by- laws.
8. Any use accessory to the foregoing.
Nothing herein shall be taken to permit the use of a building or premises for any purpose injurious, obnoxious, dangerous or offensive to the community.
Secrion VIII. Yard Regulations in Business Districts.
1. Where any Business A district adjoins a Residence or Agricultural district on the street line, no new building and no alteration or extension of an existing building shall be erected nearer than five (5) feet to such street line for a distance of sixty (60) feet measured along the street line from the boun- dary line between the zones.
2. In any Business B district no part of a building or structure other than a gasoline pump shall extend nearet the highway line than fifty (50) feet or nearer any other street line than twenty (20) feet.
3. In any Business district no building on a lot adjoining on the side any Residence or Agricultural district shall extend nearer the boundary line of such district than ten (10) feet.
4. In any Business district no building on a lot adjoining on the fear any Residence or Agricultural district shall have any part of its exterior wall above the first story nearer to the boundary line of such district than fifteen (15) feet.
5. In any Business district the yard exceptions shall be the same as those set forth in Section V. paragraph 8, for Residence and Agricultural districts.
INDUSTRIAL DISTRICTS
Section IX. Use Regulations in Industrial Districts
In any Industrial district no building or premises shall be used for any purpose injurious, obnoxious, dangerous or offensive to the community.
Section X. Yard Regulations in Industrial Districts.
In any Industrial district adjoining on the front, side or rear a Residence or Agricultural district, the front, side and rear yard require- ments shall be the same as those set forth in Section VIII for Business districts.
NON-CONFORMING USES
Section XI. Use Regulations for Non-Conforming Uses.
1. Any building or part of a building, or any premises, wbich, at tbe time this by-law takes effect, is being put to a non-con- forming use may be
a. Continued in that use;
b. Repaired for that use;
c. Altered or extended for that use only upon permit by tbe Board of Appeals.
d. Changed to a more restricted use: provided, that when so changed it shall not be returned to a less restricted use:
e. Abandoned under conditions set forth in paragraphs 2 and 3 of this Section.
2. If a building is destroyed to more than sixty (60) per cent of its value above ground, the uses to which it was theretofore put sball be deemed to have been abandoned and tbe rebuilding thereof and the uses permitted of the rebuilt structure shall be in accordance with the regulations and restrictions herein provided for buildings and uses originating after this by-law takes effect.
3. The discontinuance of any non-conforming use of occupied premises for the period of one (1) year shall be deemed ro con- stitute an abandonment of such use and the use of such premises thereafter shall be in accordance with the regulations and re- strictions herein provided for uses originating after this by-law takes effect.
ADMINISTRATION AND ENFORCEMENT
Section XII. Enforcing Oficer.
Tbis by-law shall be enforced by the Selectmen of the Town of Ipswich until such time as there sball be a Building Inspector, and thereafter by the Building Inspector, all as provided by law.
Section XIII. Building Permit.
No building or part thereof shall be erected, altered or moved without a permit from the Selectmen (or the Building Inspector, as tbe case may be), issued on written application, such permit to state that the application submitted indicates conformity in all respects with the provisions of this by-law.
Wbere this by-law requires a permit by the Board of Appeals, no permit shall issue under this Section without written direction from the Board of Appeals.
Section XIV. Board of Appeals.
1. A Board of Appeals is hereby established, pursuant to Chapter 40 of General Laws and any and all amendments thereto. Said Board shall consist of three (3) members and two (2) associ- ate members, one associate member to be designated by the Chairman of the Board to sit in the place of any member inca- pacitated by personal interest or absence. The members sball serve without compensation and sball .be appointed by the Board of Selectmen within sixty (60) days after this by-law takes effect. The first appoint ments shall be made for one, two and three year terms, respectively, and thereafter one appoint- ment for a three year term shall be made on or before the first day of May in each year. Associate members shall be ap- pointed for two year terms, rbe first appointments to be for a one year term and a two year term, respectively. Until the appointment of the Board of Appeals, the Board of Selectmen shall act as a Board of Appeals.
2. Any person aggrieved by the refusal of the enforcing officer or other town officer or officers to issue a permit on the ground of non-compliance with this by-law may appeal to the Board of Appeals as provided in Chapter 40 of General Laws and any and all amendments thereto.
3. Witbin ten (10) days from the date of the filing of a claim for appeal as provided in paragraph 2 of this Section, tbe Board of Appeals shall hold a public hearing as provided by law.
Section XV. Permits by the Board of Appeals.
When in its judgment the public convenience and welfare will be substantially served, the Board of Appeals may on petition, after pub- lic notice and public hearing as provided by law, and subject to sucb appropriate conditions and safeguards as it may impose, in specific cases determine and vary the application of the district regulations herein es- tablished, in harmony with their general purpose and intent as follows:
1. Permit such variations as are authorized under the provisions of Chapter 40 of General Laws and any and all amendments thereto;
2. Permit the construction and use of a building or premises for uses bereinabove described as subject to permit by the Board of Appeals.
Nothing herein shall be taken to permit the Board of Appeals to grant a variation which would amount to an amendment of this by- law, all amendments to be made as hereinafter provided in Section XVII.
Section XVI. Enforcement.
The Selectmen (or the Building Inspector, as the case may be) may institute appropriate proceedings in the Superior Court to enforce this by-law and to restrain by injunction any violation thereof.
Section XVII. Amendment.
Tbis by-law may be amended from time to time as provided in Chapter 40 of General Laws and any and all amendments thereto.
Section XVIII. Penalty.
Whosoever violates any of the provisions of this by-law shall be punished by a fine of not to exceed ten (10) dollars for each day of such violation.
Section XIX. Conflict of Laws.
Where this by-law imposes a greater restriction upon the use, area, and location of buildings and structures and the use of premises than is imposed by other by-laws, the provisions of this by-law sball control. Section XX. Validity.
The invalidity of any section or provision of this by-law sball not invalidate any other section or provision thereof.
Section XXI. Effect.
This by-law shall take effect upon its approval by the Attorney- General and publication according to law.
ZONING BOARD:
By J. Warren Horton, Chairman Henry Merson
Robert H. Greene Harriet Bradford
Original Zoning Map filed with Town Clerk, March 4, 1939.
Proposed Zoning By-Law for Town of Ipswich
Prepared by the Zoning Board
(in accordance with a vote of the Town Meeting held on April 27. 1937.)
A by-law to promote health, safety, convenience and welfare in the Town of Ipswich through the regulation of the location and use of buildings and the use of premises therein, pursuant to General Laws Chapter 40, as amended by Chapter 269 of Acts of 1933, and any and all other amendments and additions thereto.
DEFINITIONS
1. Words used in the present tense include the future; the singular number includes the plural and the plural the singular: the word "lot" includes the word "plot"; the word "building" includes the word "structure".
2. A "family" is any number of individuals living together as a single housekeeping unit.
3. A "dwelling" is any building used in whole or in part for human habitation.
4. A "lot" is a single tract of land held in identical ownership throughout, bounded by streets, ponds or waterways or by land of other owners.
5. A "corner lot" is a lot at the junction of and fronting on two or more intersecting streets twenty (20) feet or more in width.
6. An "accessory use" is a use customarily incidental to the uses permitted in a district, which is not injurious, noxious or offensive to or inconsistent with the character of said district. An accessory use is such within the provisions of this by-law only when carried on on the same lot with the building to which it is accessory.
7. A "non-conforming use" is a use incompatible with the reg- ulations for the use district in which it exists.
DISTRICTS
Section I. Establishment of Districts.
For the purpose of this by-law the Town of Ipswich is hereby divided into six (6) classes of districts, as follows: Residence A Districts
Residence B Districts
Agricultural Districts Business A Districts
Business B Districts
Industrial Districts.
Said districts are as shown,
defined and bounded on the Map accompanying this by-law, entitled "Zoning Map of the Town of Ipswich prepared under the direction of the Zoning Board, by Frederick Johnstone Adams, City Planning Consultant, or as hereafter amended, dated March 4, 1939 and filed with the Town Clerk." Said Map and all explanatory matter are hereby made a part of this by-law.
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