USA > Massachusetts > Middlesex County > Arlington > Town of Arlington annual report 1945 > Part 9
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Section 4-A. Exceptions and Variances
1. The Zoning Board of Appeals may on petition, in appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the terms of the by- law in harmony with its general purpose and intent, in the following cases:
(a) It may permit in a Residence A District the altera- tion of a single family dwelling as a residence for not more than two families, provided that the ex- ternal appearance of a single family dwelling be retained so far as reasonably practical.
(b) It may permit in a Residence A District or B Dis- trict a hospital, sanitarium or other medical insti- tution.
(c) It may permit the rebuilding, repair or extension of a non-conforming use as provided in Section 7, Paragraph 3.
2. The Zoning Board of Appeals may also authorize variances in particular cases as provided in Section 30 to
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30A of Chapter 40 of the General Laws or acts in amend- ment thereof and in addition thereto. The grant of such variances may be of indefinite duration, or for periods not exceeding one year. Such temporary grants of variances may be renewed from time to time, except that in the case of a new building or of an addition to an existing building, the aggregate of the periods covered by such temporary grants and the extensions thereof shall not exceed two years.
Section 5. Amendments
1. A copy of every petition for the amendment, modifi- cation or repeal of this by-law, including the Zoning Map and the boundary lines of the districts thereon, and of every article submitted or to be submitted to the Selectmen for insertion in the warrant for any Town Meeting relating to any such amendment, modification or repeal, shall be filed with the Planning Board on or before the date when such article is submitted to the Selectmen for insertion in the warrant.
2. The Planning Board, upon the request in writing of not less than ten registered voters of the Town shall, or upon its own initiative may, hold a public hearing for the consideration of any proposed amendment, modification or repeal of this by-law and shall report to the Town Meeting its recommendations with respect to the action to be taken thereon. Notice of such hearing shall be given by publica- tion in a newspaper of general circulation in the town, the first publication to be not less than twenty days before the date assigned for the hearing.
3. No action shall be taken at any Town Meeting upon any proposed amendment, modification or repeal of this by- law unless a public hearing has been held thereon in the manner prescribed in the preceding paragraph, and the re- commendations of the Planning Board have been reported to the Town Meeting, or twenty days have elapsed after such hearing without a submission of a report of its recom-
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mendations by the Planning Board to the Town Meeting; and no amendment, modification or repeal of this by-law shall be made except by two-thirds vote of a town meeting.
4. No proposed amendment to this by-law which has been unfavorably acted upon by the Town Meeting shall be considered on its merits within two years after the date of such unfavorable action unless the adoption of such an amendment is recommended in the final report of the Plan- ning Board required by Section 27 to 27A of Chapter 40 of the General Laws.
GENERAL PROVISIONS
Section 6. Definitions
1. Unless otherwise expressly stated, the following terms shall for the purpose of this by-law, have the mean- ings indicated.
2. Words used in the present tense include the future. Words used in the masculine gender include the feminine and neuter; and in the feminine or neuter, the masculine. Words used in the singular number include the plural; and in the plural, the singular. "Lot" includes "plot"; "building" includes "structure"; "occupied" includes "designated or in- tended to be occupied"; and "used" includes "designated or intended to be used".
"Accessory Use"-Is the use of a building or premises for a purpose customarily incidental to a use permitted in the district in which it is located.
"Alteration"-A change in a building which modifies its lo- cation, plan, manner of construction or the kind of materials used or in any way varies the character of its use.
"Apartment"-A portion of a building used as a dwelling by one family.
"Apartment House"-Any building containing three or more apartments.
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"Basement"-That part of a building which has more than one-half of its clear height below the level of the finished grade.
"Boarding House (Home)"-A house in which a regular service of meals is furnished for persons for a remunera- tion.
"Building, existing"-A building already erected upon the effective date of this by-law.
"Building, new"-A building erected after the effective date of this by-law.
"Building, line"-The line established by law, beyond which a building shall not extend, except as specifically provided by law.
"Corner lot"-Is a lot at the junction of and fronting on two or more intersecting streets or ways. Only that portion of the lot having a frontage on any one street of 150 feet or less shall be considered a corner lot. On a corner lot the front yard setback requirements ¡must be compiled with on each street.
"Court"-An unoccupied space other than a yard, inclosed on three or more sides and on the same lot as the building, but open to the sky, unobstructed by roof, sky-light or other appendages. A court which extends to the street, rear yard, front yard or side yard is an "Outer Court"; a court that does not thus extend is an "Inner Court".
"Duplex House"-Is a house containing two apartments ad- joining side by side; that is, in which no part of one apart- ment is over any part of the other apartment. A duplex house shall be considered as one main building occupying one lot for the purpose of determining yard requirements.
"Dwelling"-A house or building or portion thereof which is occupied by one or more families doing their cooking on the premises.
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"Family"-Is a number of individuals living together as a single housekeeping unit and doing their cooking upon the premises.
"Front Yard"-Is a space across the full width of the lot and extending from the front line of the building on such lot to the front line of such lot.
"Frontage"-The front part of a building or lot abutting on a public or private way. A corner lot fronts on the street on which it is numbered.
"Garage"-Any building, or part thereof, wherein is kept or stored one or more motor vehicles, or wherein the paint- ing, repairing or greasing of motor vehicles is performed.
"Garage, private"-A garage in which no business or in- dustry connected directly or indirectly with motor vehicles is carried on and in which only passenger cars are housed.
"Gross Floor Area"-The gross floor area of a building is the total area of all floors, including basement and mezzan- ines, measured to the exterior walls of the building, and in- cluding partitions, stairhalls, corridors and covered porches. "Half Story"-Is any story which is under a sloping roof, where the point of intersection of the tops of the rafters and the face of the wall is less than three (3) feet above the floor level.
"Height of Building"-Is the vertical distance of the high- est point of the roof above the mean finished grade of the ground adjoining the building, excluding penthouses, bulk- heads and other allowable superstructures above the roof. "Lot"-Is the parcel of land on which a Principal building and its accessories are placed, together with the required open spaces.
"Lot Line"-Is a division line between adjoining properties or a division line between individual lots established by a plan filed in the Registry of Deeds or Land Court.
"Occupancy"-Use or occupancy of a building, character of
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use, or designated purpose of a building or structure or por- tion thereof.
"Penthouse"-Is a small structure built upon the roof.
"Rear Yard"-Is a space across the full width of a lot and extending from the rear foundation line of the building lo- cated on such lot to the rear line of such lot.
"Rooming or Lodging House"-A house in which a business is made of renting rooms.
"Sanatorium or Sanitarium"-An establishment for the re- ception and treatment of invalids or convalescents where conditions are favorable and beneficial to the patient.
"Side Yard"-Is a space extending from the front yard to the rear yard between a building and the adjacent side line of the lot on which said building is located.
"Story"-That part of a building between any floor and the floor or roof next above.
For the purpose of this by-law, where a building is not divided into stories, a story shall be considered fifteen feet in height, provided that steeples, penthouses, cupolas, stage lofts, etc., shallnot be considered as additional stories. A basement or cellar, the ceiling of which extends more than four feet, six inches above the average finished grade, shall be a story within the meaning of this by-law.
"Street Line"-The dividing line between a street and a lot. "Two. Family House"-Is a house containing two apart- ments, in which part of an apartment is over part of the other apartment. (See Duplex House.)
Section 7. Non-Conforming Buildings and Uses
1. This by-law and any amendment thereof shall not apply to buildings existing at the time of its taking effect or to the existing use of buildings or land; provided, that a non-conforming use of a building or of land which is operat- ing under a temporary permit issued by the Board of Select-
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men at the time of any amendment to this by-law shall not be continued beyond the date of termination of such permit.
2. If any building existing at the time this by-law takes effect is then legally used in whole or in part for a purpose 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 building or part to a use which is not substantially different from the exist- ing use, provided the building is not altered structurally and provided further that the new use is not prohibited in the most restricted zone in which the present use would be per- mitted. However, no non-conforming use which is changed to a conforming use shall be permitted to revert to a non- conforming use.
3. Any building or part of a building which, at the time of the adoption of this amendment, is being legally put to a use not conforming with the regulations of the district in which it is situated may continue to be used for the same purpose or for purposes not substantially different, and may be repaired; but no such building, if destroyed to the extent of 75% of its value above the foundation, shall be rebuilt for non-conforming use, nor shall such building, if destroyed to the extent of 25% of its value above the foundation, be re- built for non-conforming use except by permission of the Zoning Board of Appeals. No non-conforming building shall be extended or enlarged except by permission of the Zoning Board of Appeals. The Zoning Board of Appeals may in either case grant permission if such rebuilding, extension or enlargement would be in harmony with the general purpose and intent of this by-law, and not otherwise.
4. Any existing building may be used in any district for a purpose, or purposes, otherwise prohibited by this by- law for periods not exceeding one year at a time, provided the conditions exist which would authorize the grant of a variance, permission of the Zoning Board of Appeals is ob- tained in the manner set forth in Section 4 and the aggre-
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gate of the terms of such a permit does not exceed two years.
Section 8. Use of Land
No land shall be used for any purpose for which a new building or structure may not be constructed or used under the provisions of this by-law. No sod, loam, sand, gravel or quarry stone shall be removed for sale (except when inci- dental to and in conformity with the construction of a build- ing for which a permit has been issued in accordance with the Building Laws,) except by permission of the Zoning Board of Appeals, such permission being obtained in accord- ance with the procedure provided in Section 4 and only when such permission would be in harmony with the general purpose and intention of this by-law and under such condi- tions as the Zoning Board of Appeals may impose. How- ever, nothing contained in this section, or any amendment thereof, shall prevent the continued use of any land for the purpose for which it is legally being used at the time this section or any amendment thereof takes effect, except that a non-conforming use of land which is operating under a temporary permit issued by the Board of Selectmen shall not be allowed to continue beyond the date of termination of such permit.
Section 9. Restrictions Affecting All Districts
No new building or part thereof shall be constructed or used, and no premises shall be used, and no building or part thereof shall be altered, enlarged, reconstructed, or used under the conditions designated as (a) and (b) of this section in any part of the town.
(a) For any purpose which by the emission or dis- charge 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,
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would be dangerous or injurious to the public health or safety.
(b) For any purpose which would be for any reason in- jurious to the health, safety, morals or welfare of the com- munity or harmful to property therein.
Section 10. Access and Parking for Business and Industrial Buildings
No driveway or other means of access for vehicles other than a public street and no parking space for private auto- mobiles or commercial vehicles shall be maintained or used in any residence district to serve business or industrial build- ings located in a business or industrial district.
Section 11. Corner Clearance in Residential Districts
Between the property line of intersecting streets and a line joining points on such lines twenty feet distant from their point of intersection or in the case of a rounded corner, the point of intersection of their tangents, no building or structure in any residence district may be erected and no vegetation other than shade trees may be maintained be- tween a height of three feet and seven feet above the plane through their curb grades.
Section 12. Reduction of Lot Area
No lot on which is located any building used for resi- dence purposes in any district shall be reduced or changed in area or shape so that the building or lot fails to comply with the provisions of this by-law. This Section, however, shall not apply in the case of a lot a portion of which is taken for a public purpose.
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RESIDENCE A DISTRICTS
Section 13. Use Regulations
In the Residence A districts, no new buildings or part thereof shall be constructed or used and no building or part thereof shall be altered, enlarged, reconstructed or used, and no land shall be used for:
(a) Any industry, trade, manufacturing or commercial purposes ;
(b) Any purpose except one or more of the following:
1. Single family detached dwelling house.
2. Physician's (M.D.) office in residence.
3. Farm (except the raising of livestock or poul- try) or market garden but in no case shall goods or produce be sold that are not the natural pro- ducts of the premises in question.
4. Such accessory purposes as are customary or usual in connection with any of the foregoing purposes and are incidental thereto, including a private garage for not more than two cars.
5. Church, school (except a music, dancing or rid- ing academy) library or museum, hospital, sani- torium (or other medical institution) or a public utility building, provided the approval of the Zoning Board of Appeals is obtained in the manner set forth in sections 4 and 4A. In no case, however, shall a public utility building be used for the general garaging or dispatching of automobiles or for the storage of materials for construction or maintainence purposes.
Section 13-A. Area Regulations
1. Lot 'Area. In the Residence A districts, no lot shall have a frontage of less than sixty feet or an area of less than six thousand square feet and no building or buildings
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on any one lot, including garages, stables and other acces- sory buildings, shall be constructed, altered, enlarged, recon- structed or moved, so as to have an average gross floor area per story of more than 35 per cent of the area of the lot, provided, however, that this restriction shall not prohibit 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 residence for a single family.
2. Building Area. No one-story house shall have a floor area of less than 700 sq. ft. No house more than one story in height shall have a first floor area of less than 500 square feet or a second floor area of less than 250 square feet. Of the second floor area at least 125 square feet must have a clear head room of 7 feet.
Section 13-B. Height and Area Regulations
The height and area regulations in the Residence A dis- trict are hereby established as set forth in the "Schedule of Height and Area Regulations" attached hereto.
RESIDENCE B DISTRICTS
Section 14. Use Regulations
In the Residence B districts, no new buildings or part thereof shall be constructed or used and no building or part thereof shall be altered, enlarged reconstructed or used, and no land shall be used for:
(a) Any industry, trade, manufacturing or commercial purpose;
(b) Any purpose except one or more of the following:
. 1. Any use which is permitted in a Residence A district.
2. Two-family or duplex houses.
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3. Such accessory purposes as are customary or usual in connection with two-family or duplex houses and are incidental thereto, including a private garage for not more than two cars.
Section 14-A. Area Regulations
1. Lot Area. In the Residence B districts, no lot shall have a frontage of less than sixty feet or an area of less than six thousand square feet and no building or buildings on any one lot, including garages, and other accessory build- ings, shall be constructed, altered, enlarged, reconstructed or moved so as to have an average gross floor area per story of more than 25 per cent of the area of the lot, provided, however, that this restriction shall not prohibit 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 residence.
2 .¿ Building Area. (a) No one-family, one-story house shall have a floor area of less than 700 square feet. No one- family house more than one story in height shall have a first floor area of less than 500 square feet or a second floor area of less than 250 square feet. Of the second floor area at least 125 square feet must have a clear head room of 7 feet.
(b) No duplex house shall have a floor area of less than twice that required for one-family buildings, as stated in the preceding paragraph.
(c). No two-family house shall have a floor area of less than 700 square feet per family unit, including stairways.
Section 14-B. Height and Area Regulations
The height and area regulations in the Residence B dis- tricts are hereby established as set forth in the "Schedule of Height and Area Regulations" attached hereto.
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RESIDENCE C DISTRICTS
Section 15. Use Regulations
In Residence C districts, no new building or part thereof shall be constructed or used and no building or part thereof shall be altered, enlarged, reconstructed or used, and no land shall be used for: 1
(a) Any industry, trade, manufacturing or commercial purpose :
(b) Any purpose except one or more of the following:
1. Any use which is permitted in a Residence B District.
2. Apartment House.
3. Boarding house or lodginghouse.
4. Such accessory purposes as are customary or usual in connection with any of the foregoing purposes and are incidental thereto, including a private garage.
Section 15-A. Building Coverage and Court Regulations
1. In the Residence C districts, no building or build- ings including garages shall be constructed, altered, en- larged, reconstructed or moved in such a way as to cover more than 35 per cent of the area of the lot for a building five stories in height, more than 40 per cent for a four-story building, or more than 50 per cent for a building of three stories or less.
2. Inner courts shall not be permitted in any building. Outer courts shall have a minimum width of 25 feet or two- thirds the average height of the walls surrounding the court, whichever is the greater. In no case shall an outer court have a depth greater than its width unless such width exceeds 50 feet, in which case the maximum depth permitted shall be one and one-half times the width.
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Section 15-B. Parking Spaces
In the Residence C districts, no parking space shall be allowed other than for the use of residents of the property in question or their guests. No parking space shall be within 15 feet of any street line. Parking spaces, where provided shall be located on the side or in the rear of the principal building and shall be paved with a hard surface.
Section 15-C. Height and Area Regulations
The height and area regulations in the Residence C dis- tricts are hereby established as set forth in the "Schedule of Height and Area Regulations" attached hereto. Single and two-family houses constructed in a Residence C District shall be required to conform to the minimum area and yard requirements of the Residence B districts.
BUSINESS A DISTRICTS
Section 16. Use Regulations
In the Business A districts, no new building or part thereof shall be constructed or used and no building or part thereof shall be altered, enlarged, reconstructed or used and no land may be used for any purpose except one or more of the following:
(1) Any purpose which is authorized or may be per- mitted in the Residence C districts.
(2) Restaurant or other eating place.
(3) Store, salesroom, or showroom for the conduct of retail business.
(4) Public or semi-public building.
(5) Barber shop or beauty parlor.
(6) Funeral home.
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(7) Office or bank.
(8) Public garage or gasoline filling station, provided the approval of the Zoning Board of Appeals is ob- tained in the manner set forth in Section 4 or 4A.
(9) Such accessory purposes as are customary or usual in connection with any of the foregoing purposes and are incidental thereto.
Section 16-A. Building Coverage and Court Regulations ..
In the Business A districts, all buildings used for resi- dential purposes shall conform to the building coverage and lot regulations as set forth in Section 15-A for a Residence C use or Section 14-A for a Residence A or B use.
Section 16-B. Height and Area Regulations
The height and area regulations in the Business A dis- tricts are hereby established as set forth in the "Schedule of Height and Area Regulation" attached hereto. All build- ings in the Business A districts used for residential purposes shall conform to the height and yard regulations as set forth for Residence B and C districts.
BUSINESS B DISTRICTS
Section 17. Use Regulations
In the Business B districts, no new building or part thereof shall be constructed or used and no building or part thereof shal be altered, enlarged, reconstructed or used, and · no land may be used for any purpose except one or more of the following :
(a) Any purpose which is authorized or may be per- mitted in the Residence C or Business A districts.
(b) Theatre, hall, club, or other organization, dancing academy or other place of amusement or assembly.
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(c) 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 Section and is inci- dental thereto if such industry, 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 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.
(d) The total floor space which may be used for in- dustry, trade or light manufacturing on any one lot or on adjoining lots if part of the same estab- lishment, shall not exceed a total area of two thous- and square feet, unless permission of the Zoning Board of Appeals is obtained in the manner pro- vided in Section 4 and 4A for the use of such addi- tional specified floor space as they shall find is reasonably necessary for the conduct of the busi- ness.
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