USA > Massachusetts > Essex County > Ipswich > Town annual report of Ipswich 1939 > Part 11
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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 otherwise than 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. 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. The 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 lot 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 by plan or deed with the Registry of Deeds at the time this by-law takes effect; provided, however, that such plan shall have 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 than 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 (10) 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 be 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 (31/2) 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.
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, which, at the 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 the 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 shall be deemed to have been abandoned and the 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 to 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 Officer.
This by-law shall be enforced by the Selectmen of the Town of Ipswich until such time as there shall 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 the 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.
Where 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 shall serve without compensation and shall be appointed by the Board of Selectmen within sixty (60) days after this by-law takes effect. The first appointments 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, the 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 11 Rand of Annoale
Where zone lines apparently follow property lines, they Shall De su 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 otherwise than 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. Church and parish house.
3. School, library, museum and similar use of an educational char- acter.
4. Sign erected by public authority.
5. Sign, not over six (6) square feet in area, advertising the 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.
b. Club and similar organization not conducted for profit.
c. Remodeling, as housekeeping apartments, for occupation by more than two 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 occupations, 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:
1. Any use or accessory use permitted in Residence districts as set forth in Section III.
(31/2 ) 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.
Section 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 III 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 warehouse.
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.
Section 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 nearer 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 rear 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.
Board of Selectmen within sixty (60) days after this by-law takes effect. The first appointments 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, the 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. Within ten (10) days from the date of the filing of a claim for appeal as provided in paragraph 2 of this Section, the Board of Appeals shall hold a public hearing as provided by la w.
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 such 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 hereinabove 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.
This 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 shall control. Section XX. Validity.
The invalidity of any section or provision of this by-law shall 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.
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974,4 1939 AnnuAL Ipswich Public Library Ipswich, Massachusetts CORY3 # 31447
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