USA > Massachusetts > Middlesex County > Arlington > Town of Arlington annual report 1924 > Part 8
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2. Church;
3. Public school, or other purpose;
4. Private school, college, library, museum, or other purpose of an educational character ;
5. Club, except a club the chief activity of which is a service customarily carried on as a business ;
6. Farm, market garden, nursery, or greenhouse, including the sale of natural products raised on the premises ;
7. Such accessory purposes as are customary or usual in connection with any of the fore- going purposes numbered 1 to 6 both in- clusive, and are incidental thereto, including a private garage and a private stable ;
(c) Provided, however, that an existing double house or two-family house, destroyed by fire, may be re- constructed, and, if permission of the Selectmen is ob- tained in the manner provided in Section 16, a single family detached dwelling house may be altered, en- larged or reconstructed and used as a residence for not more than two families or as a boarding house, and buildings may be constructed, altered, enlarged or re- constructed and used for one or more of the following purposes :
1. Public or semi-public institution of a philan- thropic, charitable or religious character, hospital, sanitarium, or other medical institution, but not a cor- rectional institution or a place of detention ;
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2. Such accessory purposes as are customary or usual in connection with any of the foregoing purposes and are incidental thereto but not for any industry, trade, manufacturing or commercial purpose.
Section 3. General Residence Districts. In the general residence districts, no new building or part thereof shall be constructed or used and no build- ing or part thereof shall be altered, enlarged, recon- structed or used, for
(a) Any industry, trade, manufacturing or com- mercial purpose;
(b) Any purpose except one or more of the fol- lowing :
1. Any purpose or accessory purpose authorized by Paragraph (b) of Section 2;
2. Double house, duplex house, two-family house or group house consisting of three or more contiguous single family houses separated by fire resisting party walls;
3. Boarding house or lodging house;
4. Such accessory purposes as are customary or usual in connection with any of the fore- going purposes specified in this Paragraph (b) and are incidental thereto, including a private garage and a private stable;
(c) Provided, however, that if permission of the Selectmen is obtained in the manner provided in Section 16, buildings may be constructed, altered, enlarged or reconstructed, and used for one or more of the follow- ing purposes :
(a) Public or semi-public institution of a philan- thropic, charitable, or religious character, hospital, sanitarium, or other medical insti- tution, but not a correctional institution or place of detention ;
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(b) Such accessory purposes as are customary or usual in connection with any of the fore- going purposes and are incidental thereto, but not for any industry, trade, manufac- turing or commercial purpose.
Section 4. Semi-Residence Districts. In the semi-residence districts, no new building or part thereof shall be constructed or used and no building shall be altered, enlarged, recontructed or used, for any purpose or accessory use except such as is authorized or may be permitted in the single residence districts or the general residence districts, except that the first floor, base- ment, and cellar of any new or existing building may be used for one or more of the purposes and accessory uses authorized in business districts, provided that the total floor space used for any industry, trade, manufac- turing, business or commercial purposes on any one lot, or on adjoining lots, if part of the same establishment, shall not exceed a total area of 2000 square feet, unless permission of the Selectmen is obtained in the manner provided in Section 16, for the use of such additional specified floor space as they shall find is reasonably necessary for the conduct of the business.
Section 5. Business Districts. In the business districts, no new building or part thereof shall be con- structed or used and no building or part thereof shall be altered, enlarged, reconstructed or used, for any pur- pose except one or more of the following :
1. Any purpose or accessory purpose which is au- thorized or may be permitted in the single residence districts or in the general residence districts ;
2. Residence for more than two families, apart- ment house, apartment hotel, tenement house, or hotel either in combination with or apart from any other use authorized by this sec- tion ;
3. Restaurant or other eating place ;
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4. Store, salesroom, or showroom for the conduct of retail business.
5. Theatre, hall, club or other organization, danc- ing academy or other place of amusement or assembly ;
6. Office, bank, or other monetary institution ;
7. Public or semi-public building ;
8. Place of business of a
Baker, Builder,
Manicure,
Mason,
Butcher,
Milliner,
Cabinetmaker,
Newspaper,
Carpenter,
Optician,
Caterer,
Painter,
Cleaner,
Paperhanger,
Confectioner,
Photographer,
Contractor,
Plumber,
Decorator,
Printer,
Dressmaker,
Publisher,
Druggist,
Roofer,
Dyer,
Shoemaker,
Electrician,
Shoe-repairer,
Florist,
Shoe-shiner,
Furrier,
Tailor,
Grocer,
Telephone Exchange,
Hairdresser,
Tinsmith,
Laundry,
Undertaker,
Upholsterer,
9. Public garage, public stable or gasoline filling station ;
10. Any purpose which the Selectmen shall find in a specific case to be similar to any of the pur- poses authorized by Paragraph 8 of this sec- tion if permission of the Selectmen is ob- tained in the manner provided in Section 16;
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11. Such purposes as are customary or usual in connection with any of the foregoing pur- poses specified in this section and are in- cidental thereto.
12. Such industry, trade or light manufacturing as is customary or usual in connection with, or is part of, any of the purposes authorized or permitted under the provisions of this sec- tion and is incidental thereto if such indus- try, trade, or light manufacturing is carried on in the same building or on the same premises as the business or use with which it is connected, provided, however, that
(a) No industry, trade or light manufacturing shall be carried on in a business district which is prohibited or not authorized in the industrial districts, or is dangerous to the neighborhood from fire, explosion or other cause;
(b) The total floor space which may be used for industry, trade or light manufacturing on any one lot, or on adjoining lots if part of the same establishment, shall not exceed a total area of two thousand square feet, un- less permission of the Selectmen is obtained in the manner provided in Section 16 for the use of such additional specified floor space as they shall find is reasonably necessary for the conduct of the business.
Section 6. Industrial Districts.
A. In the industrial districts, new buildings may be constructed and used and buildings may be altered, enlarged, reconstructed and used, for
1. Any purpose or accessory purpose which is au- thorized or may be permitted in the single residence districts, general residence districts and business districts ;
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2. Any industry, trade, manufacturing, com- mercial or other purpose not prohibited by Paragraph B of this section or by any law, statute or by-law of the town;
3. Such accessory purposes as are customary or usual in connection with the purposes author- ized by this section and are incidental thereto.
B. No new building or part thereof shall be con- structed or used and no building or part thereof shall be altered, enlarged, reconstructed or used, for any of the following specified purposes, unless such purpose is ac- cessory and incidental to, or usual in connection with, a purpose authorized by this section :
1. Acetylene gas manufacturing ; ammonia, bleaching powder or chlorine manufacturing; asphalt manufacturing or refining ; assaying, other than gold or silver; blast furnace; boiler making; brass, copper, iron or steel manufacturing; brick, terra cotta or tile manufacturing; candle manufacturing ; celluloid manufacturing, treatment or storage; cement, lime or plaster of paris manufacturing; coal tar products manufacturing ; coke manufacturing ; cork manufactur- ing; cremation, except in a cemetery; creosote treat- ment or manufacturing ; dextrine, glucose or starch man- ufacturing; disinfectant, insecticide or poison manu- facturing ; distillation of bones, coal and wood; dye- stuff manufacturing; emery cloth or sandpaper manu- facturing ; enamel, Japan, lacquer, oil, paint, shellac, turpentine or varnish manufacturing; explosives, fire- works or gunpowder manufacturing; fat rendering; fertilizer manufacturing; fish packing or storage; gasoline, naphtha or petroleum refining; gelatine, glue or sizing manufacturing; grease, lard or tallow manu- facturing; hydro-chloric, nitric, picric, sulphuric or sulphurous acid manufacturing ; incineration or reduc- tion of dead animals, garbage, offal or refuse, except in a municipal plant; lampblack manufacturing ; linoleum
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or oilcloth manufacturing; match manufacturing; ore reduction ; pickle, sauerkrat, sausage or vinegar manu- facturing ; potash refining; printing ink manufactur- ing; pyroxylin plastic manufacturing; rolling mill; rubber, caoutchouc or guttapercha manufacturing ; salt manufacturing; shoe blacking, shoe cleaner or shoe polish manufacturing; slaughtering of animals or fowls, except on premises used for farming, or in the case of fowls to be sold at retail on the premises ; smelting of iron; soap manufacturing; soda and soda compounds manufacturing ; stockyards; stove blacking or polish manufacturing; sugar refining; tanning, cur- ing, or storage of raw leather, raw hides or skins; tar distillation or manufacturing; tar roofing or tar waterproofing manufacturing ; tobacco (chewing) manufacturing ; yeast manufacturing.
2. Any use which would be injurious, obnoxious or offensive to a neighborhood, by reason of noise, vibra- tion, smoke, cinders, odor, gas, fumes, dust, chemicals, or other objectionable feature or dangerous to a neigh- borhood through fire, explosion or for any other cause.
Section 7. Unrestricted Districts. In any un- restricted district new buildings may be constructed and used and buildings may be altered, enlarged, recon- structed and used, for any purposes not prohibited by law, statute, regulation, or by-law of the town.
Section 8. Non-Conforming Buildings and Uses.
A. This by-law shall not prohibit the continued use of any building or any part thereof for the purpose or purposes for which such building or part is used at the time this by-law takes effect.
B. If any building existing at the time this by-law takes effect is then used in whole or in part for a pur- pose for which a new building may not be constructed or used under the provisions of this by-law, this by-law shall not prohibit the changing of such use of such
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building or part to a use which is not substantially dif- ferent from the existing use, provided the building is not altered structurally.
C. A building existing at the time this by-law takes effect and then used for a purpose for which a new building may not be constructed or used, may, if permission of the Selectmen is obtained in the manner provided in Section 16, be altered, enlarged, recon- structed or replaced, if destroyed or damaged by fire or other cause, or moved to another location in the same class of district or into any other district following it in the classification set forth in Section 1.
D. Any building or part thereof may be altered, enlarged or reconstructed and used, and any other building may be used, as part of an establishment exist- ing at the time this by-law takes effect even though such use be otherwise prohibited under the provisions of this by-law, provided permission of the Selectmen is ob- tained in the manner set forth in Section 16.
E. Any existing building may be used and any new building may be constructed and used in any district for a purpose or purposes otherwise prohibited by this by-law, for periods not exceeding one year at a time, providing permission of the Selectmen is obtained in the manner set forth in Section 16.
F. Any existing building, establishment or use may at any time be extended or moved a distance not exceeding fifty feet into an adjoining district, provided permission of the Selectmen is obtained in the manner set forth in Section 16.
G. A building used or to be used by a public ser- vice corporation may be exempted from the operation of this by-law as to its situation in any district if, upon a petition of the corporation, the Department of Public Utilities shall, after a public hearing, decide that the present or proposed situation of the building in ques-
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tion is reasonably necessary for the convenience or wel- . fare of the public.
HEIGHT
Section 9. Single Residence, General Residence and Semi-Residence Districts.
A. In the single residence, general residence and semi-residence districts, no building shall be con- structed, altered, enlarged, reconstructed or raised up so as to contain more than three stories, or so as to ex- ceed a height of forty five feet, except as otherwise pro- vided in this section. .
B. The foregoing limitation as to height in feet shall not apply to chimneys, ventilators, skylights, water tanks, bulkheads, penthouses and other accessory additions which are required or are customarily carried above the roofs or buildings, nor to towers, spires, domes, cupolas and similar additions to buildings if such additions are not used for living purposes.
C. A building may be erected to a greater height in feet, but not in stories, in a specific case, provided the portion of the building above the height of forty-five feet is not used for living purposes, and provided per- mission of the Selectmen is obtained in the manner set forth in Section 16.
Section 10. . Business, Industrial and Unrestricted Districts. .
A. In the business, industrial and unrestricted districts, no building shall be constructed, altered, en- larged, reconstructed, or raised up so as to contain more than four stories, or so as to exceed a height of sixty feet, except as otherwise provided in this Section.
B. The foregoing limitation as to height in feet shall not apply to chimneys, ventilators, skylights, water tanks, bulkheads, penthouses and other accessory additions which are required or are customarily carried
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above the roofs of buildings, nor to towers, spires, domes, cupolas and similar additions to buildings if such additions are not used for living purposes.
C. A building may be erected to a greater height in feet but not in stories, in a specific case, provided the portion of the building above the height of sixty feet is not used for living purposes, and provided permission of the Selectmen is obtained in the manner set forth in Section 16.
AREA
Section 11. Single Residence Districts.
A. In the single residence districts, no building or buildings on any one lot, including garages, stables and other accessory buildings, shall be constructed, al- tered, enlarged, reconstructed or moved, so as to occupy at the level of the first story exclusive of uncovered steps more than forty per cent. of the area of the lot, provided, however, that this restriction shall not pro- hibit the erection of a private garage for not more than two cars which is accessory to and used with a building existing when this by-law takes effect and used as a resi- dence for a single family.
B. No part of any building, except uncovered steps, shall be constructed, altered, enlarged, recon- structed or moved, so as to be less than fifteen feet from any street lines, or less than seven and one-half feet from the line of any adjoining lot or less than fifteen feet from any other building on the same lot, except as otherwise provided in this section.
C. Distances less than those set forth in Para- graph B of this section, but not less than those required by the building by-laws or other provisions of law, may be used in specific cases where because of difficulties of construction the Selectmen give permission for such less distances, such permission being obtained in the manner set forth in Section 16.
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Section 12. General Residence Districts.
A. In the general residence districts, no building or buildings on any one lot, including garages, stables and other accessory buildings, shall be constructed, al- tered, enlarged, reconstructed or moved, so as to occupy at the level of the first story exclusive of uncovered steps more than fifty per cent. of the area of the lot, provided, however, that this restriction shall not pro- hibit the erection of a private garage for not more than two cars which is accessory to and used with a building existing when this by-law takes effect and used as a resi- dence.
B. No part of any building, except uncovered steps, shall be constructed, altered, enlarged, recon- structed or moved, so as to be less than ten feet from any street line, or less than five feet from the line of any adjoining lot except in the case of a party wall of a double, semi-detached or group house, or less than ten feet from any other building on the same lot, except as otherwise provided in this section.
C. Distances less than those set forth in Para- graph B of this section, but not less than those required by the building by-laws or other provisions of law, may be used in specific cases where because of difficulties of construction the Selectmen give permission for such less distances, such permission being obtained in the manner set forth in Section 16.
Section 13. Semi-Residence, Business and Indus- trial Districts.
In the semi-residence, business and industrial dis- tricts no story or stories intended, arranged or used for living purposes in any building or buildings on any one lot, shall be constructed, altered, enlarged, recon- structed or moved so that the total area of the floor or floors intended, arranged or used for living purposes on the same general level on any one lot shall exceed fifty per cent. of the area of the lot.
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Section 14. Reduction of Lot Area.
Whenever any lot on which is located any building used for residence purposes in any district shall be re- duced or changed in area or shape so that the building or lot fails to comply with the provisions of Sections 11, 12 and 13 of this by-law, such building shall not there- after be used until it is altered, reconstructed or re- located so as to comply with the provisions of said sec- tions, provided, however, that this section shall not ap- ply in the case of a lot a portion of which is taken for a public purpose.
Section 15. District Boundaries.
The location of the boundary lines of the districts shown upon the Zoning map shall be determined as fol- lows :
1. When the boundary lines are shown upon said map within the street lines of public or pri- vate ways, the center lines of such ways shall be the boundary lines.
2. Where the boundary lines are shown approxi- mately on the location of property or lot lines, and the exact location of the boundary lines is not indicated by means of figures, distances or otherwise, then the property or lot lines shall be the boundary lines.
3. Boundary lines located outside of such street lines and shown approximately parallel there- to shall be regarded as parallel to/ such street lines ; and figures placed upon said map be- tween such boundary lines and street lines are the distances in feet of such boundary lines from such street lines, such distances being measured at right angles to such street lines unless otherwise indicated.
4. In all cases which are not covered by the other provisions of this section, the location of
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boundary lines shall be determined by the distances in feet, if given, from other lines upon said map, or, if distances are not given, then by the scale of said map.
5. Whenever any uncertainty exists as to the exact location of a boundary line, the location of such line shall be determined by the Inspec- tor of Buildings, provided, however, that any person aggrieved by his decision may appeal to the Selectmen or Board of Appeal, as pro- vided in Section 19.
Section 16. Permission of the Selectmen.
Any person or persons desiring to obtain the permis- sion of the Selectmen for any purpose for which such permission is required under the provisions of this by- law, shall make application in writing therefor to the Selectmen, who shall within thirty days hold a public hearing thereon, fourteen days' public notice of which shall be given at the expense of the applicant.
The applicant shall also, at least ten days prior to the hearing, give written notice to all the owners of real estate opposite to or abutting on the property in con- nection with which any permission is sought, and to such others as the Selectmen may order or by regula- tion prescribe, and shall at least ten days before the hearing post a notice of the hearing stating the nature of the petition, upon the property in connection with which permission is sought, in a conspicuous location adjacent to a street on which the property is situated.
If any such owner shall object, the permission shall be granted only by the unanimous vote of all of the Selectmen.
At said hearing, or as soon as may be thereafter, and in any event within ten days after the final ad- journment of said hearing, the Selectmen shall ex- pressly find and determine :
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A. If permission is sought to use a building for a use accessory, incidental to or usual in connection with a purpose permitted by any section of this by-law, whether such use is in fact accessory, incidental to or usual in connection therewith.
B. Whether the use of a building, for the purpose for which permission is sought, is or would be in violation of the provisions of Section 17.
C. Any other facts in their opinion material to their decision.
As soon as may be after the final adjournment of the hearing, and in any event within ten days there- after, the Selectmen shall adopt an order, notice of which shall be given to the petitioner and any persons who have appeared at the hearing and requested such notice, which shall embody their findings, and grant or refuse the permission applied for, in accordance with such findings.
Section 17. Restrictions Affecting All Districts.
No new building or part thereof shall be con- structed or used and no building or part thereof shall be altered, enlarged, reconstructed, or used, in any part of the town, any other provision of this by-law to the contrary notwithstanding :
A. For any purpose which by the emission or discharge of fumes, vapor, gas, dust, offensive odors, chemicals, poisonous fluids or substances, refuse, organic matter, or excrement, the causing of noise or vibrations, or by unduly increasing the risk from fire or explosion, or otherwise, would be dangerous or in- jurious to the public health or safety.
B. For any purpose harmful to the public morals.
C. For any purpose which would be for any reason injurious to the health, safety, morals or wel- fare of the community in any of the districts designated
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in Section 1 or any adjacent district or harmful to property therein.
Section 18. Execution.
A. The Inspector of Buildings shall execute the provisions of the by-law, except where otherwise pro- vided, and in so doing shall have the same powers as are provided for the execution and enforcement of the by-laws relating to building.
B. He shall grant no permit for the construction, erection, alteration, enlargement, reconstruction, mov- ing or raising of any building which would be in viola- tion of any of the provisions of this by-law.
C. If the Inspector of Buildings shall decide to grant any permit which might, within the purpose of this by-law, injuriously affect the real estate of any person other than the applicant for the permit, the Inspector shall cause a copy of the proposed permit or an adequate description thereof to be posted within twenty-four hours after such decision, upon the property to which the permit relates, in a conspicuous location thereon adjacent to a street on which the property is situated, and he shall, by mailing to their last addresses known to him or otherwise, give, or cause the applicant to give, prompt notice thereof to all the owners of real estate opposite to or abutting upon the property to which the permit relates, or abutting on any public or private way upon which said property abuts at any point within one hundred feet therefrom, and to such other owners of real estate as he may deem desirable.
D. The Inspector of Buildings shall issue no such permit as is mentioned in Paragraph C of this Section until after the expiration of the time for ap- peal as provided in Section 19 hereof.
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