USA > Massachusetts > Middlesex County > Arlington > Town of Arlington annual report 1946 > Part 8
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"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 set back requirements must be complied 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 adjoining side by side; that is, in which no part of one apartment is over any part of the other apartment. A du- plex house shall be considered as one main building occupy- ing one lot for the purpose of determining yard require- ments.
"Dwelling" - A house or building or portion thereof which is occupied by one or more families doing their cooking on the premises.
"Family" - Is a number of individuals living together as a
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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 mez- zanines, measured to the exterior walls of the building, and including 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 prop- erties 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
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of use, or designated purpose of a building or structure or portion 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 located on such lot to the rear line of such lot. 1
"Rooming or Lodging House" - A house in which a busi- ness is made of renting rooms.
"Sanatorium or Sanitarium" - An establishment for the reception 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., shall not 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.
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
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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 permitted. 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 differ- ent, and may be repaired; but no non-residential building, if destroyed to the extent of 75% of its value above the foundation, shall be rebuilt for non-conforming use. No non-conforming building shall be extended or enlarged ex- cept by permission of the Zoning Board of Appeals. The Zoning Board of Appeals may grant permission if such re- building, extension or enlargement would be in harmony with the general purpose and intent of this by-law, and not otherwise.
Section 8. Use of Land
The use of land for any purpose other than those specifi- cally provided for in these by-laws is hereby forbidden. No sod, loam, sand, gravel or quarry stone shall be removed for sale (except when incidental to and in conformity with the construction of a building for which a permit has been issued in accordance with the Building Laws), except by permission of the Zoning Board of Appeals, such permis- sion being obtained in accordance with the procedure pro- vided 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 conditions as the Zoning Board of Appeals may impose. However, nothing contained in
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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 amend- ment thereof takes effect.
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 discharge of fumes, vapor, gas dust, offensive odors, chemi- cals, poisonous fluids, or substances, refuse, organic matter or excrement, the causing of noise or vibra- tions, 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 which would be for any reason in- jurious to the health, safety, morals or welfare of the community or harmful to property therein.
Section 10. Access and Parking for Business and Indus- trial 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 buildings located in a business or industrial district.
Section 11. Corner Clearance in Residential Districts
Between the property lines 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 cor- ner, 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-
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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.
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 products of the premises in question.
4. Such accessory purposes as are customary or us- ual in connection with any of the foregoing pur- poses and are incidental thereto, including a pri- vate 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
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Zoning Board of Appeals is obtained in the man- ner 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 auto- mobiles or for the storage of materials for con- struction or maintenance 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 on any one lot, including garages, stables 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 35 per cent of the area of the lot, provided, however, that this restriction shall not prohibit the erec- tion 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 thereto.
RESIDENCE B DISTRICTS
Section 14. Use Regulations
In the Residence B 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:
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(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 Residence A dis- trict.
2. Two-family or duplex houses.
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.
1 (b) No two-family house shall have a floor area of less than 700 square feet per family unit, including stairways.
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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.
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:
(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 lodging house
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,
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whichever is the greater. In no case shall an outer court have a depth greater than its width unless such width ex- ceeds 50 feet, in which case the maximum depth permitted shall be one and one-half times the width.
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
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(6) Funeral home
(7) Office or bank
(8) Public garage or gasoline filling station, provided the approval of the Zoning Board of Appeals is obtained 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 shall be altered, enlarged, reconstructed or 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 inciden- tal thereto if such industry, trade, or light manu- facturing 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 prohibted or not author- ized 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 indus- try, trade or light manufacturing on any one lot or on adjoining lots if part of the same establish- ment, shall not exceed a total area of two thousand square feet, unless permission of the Zoning Board of Appeals is obtained in the manner provided in Section 4 and 4A for the use of such additional spe- cified floor space as they shall find is reasonably necessary for the conduct of the business.
Section 17-A. Building Coverage and Court Regulations
In the Business B districts, all buildings used for resi- dential purposes shall conform to the building coverage and court regulations as set forth in Section 15-A for Residence C districts, except that inner courts shall be permitted. The minimum horizontal dimension of such courts shall be 25 feet or two-thirds the average height of the walls surround- ing the court, except in the case of courts which provide light and ventilation only to bathrooms, halls, or other rooms not used for living or sleeping purposes, in which case the provisions of the Building Code only need apply.
Section 17-B. Height and Area Regulations
The height and area regulations in the Business B dis- tricts are hereby established as set forth in the "Schedule of Height and Area Regulation" attached hereto. All build-
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ings in the Business B districts used for residential purposes shall conform to the height and yard regulations as set forth for Residence B and C districts.
INDUSTRIAL DISTRICTS
Section 18. Use Regulations
In the Industrial districts, buildings or land may be used and buildings may be altered or erected for any legal use except the following :
1. Abattoir and commercial slaughtering
2. Manufacture of corrosive, poisonous or malodorous acids and chemicals
3. Cement, lime, gypsum and plaster of Paris manu- facture
4. Fertilizer manufacture. Fat rendering in manufac- ture of tallow, grease and oils
5. Glue, size and gelatin manufacture
6. Petroleum and kerosene refining or distillation and derivation of by-products
7. Manufacture of explosives and the stores of explo- sives in bulk.
8. Smelting and reduction of copper, tin, zinc and iron ores
9. Similar uses which are dangerous by reason of fire or explosion, or injurious, noxious or detrimental to the neighborhood by reason of the emission of dust, odor, fumes, smoke wastes, refuse matter, noise, vi- brations or because of any other objectionable feature.
10. A residence use for more than one family in a build- ing used for an industrial purpose.
11. A yard for the storage or sale of used building or junk material.
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Section 18-A. Building Coverage and Court Regulations
In the Industrial districts, all buildings used for resi- dential purposes shall conform to the building coverage and court regulations set forth in Section 17-A for Business B districts.
Section 18-B. Height and Area Regulations
The height and area regulations in the Industrial dis- tricts are hereby established as set forth in the "Schedule of Area Regulations" attached hereto. All buildings in the Industrial districts used for residential purposes shall con- form to the height and yard regulations as set forth for Residence B districts.
EXCEPTIONS
Section 19. Height Exceptions
The height limitations as set forth in the foregoing sche- dule shall not apply to chimneys, ventilators, skylight, water tanks, bulkheads, penthouses and other accessory additions which are required or are customarily carried 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.
Section 20. Lot Area and Width Exceptions
Minimum lot area and width requirements in Residence districts as set forth in Sections 13-A and 14-A, shall not apply to lots which prior to the passage of this by-law were shown as separate parcels on subdivision plans approved by the Board of Survey or on plans or deeds duly recorded with the Registry of Deeds. In the case of such lots, the required side yards need not be more than 7 feet 6 inches or 15 per cent of the lot width, whichever is the greater.
Section 21. Yard Exceptions
1. Projecting eaves, chimneys, bay windows, balconies, open fire escapes and like projections which do not project more than three and one-half feet, and unenclosed steps, un- roofed porches and the like, which do not project more than
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10 feet in the front yard and five feet in the side yard be- yond the line of the foundation wall, may extend beyond the minimum yard regulations otherwise provided for the dis- trict in which the structure is built.
2. In the Residence A and B districts, no building need be set back from the street line more than the average of the set backs of the buildings on the lots adjacent thereto on either side, a vacant lot or a lot occupied by a building set back more than 25 feet in Residence A district or more than 20 feet in a Residence B district being counted as though occupied by a building set back 25 feet and 20 feet respectively ; but in no case shall any part of a building in a Residence A or B district be less than 10 feet from any street line.
3. In the Business districts, a rear yard shall not be required in the case of an interior lot running through a block from street to street when improved by a single prin- cipal building.
VALIDITY AND EFFECTIVENESS
Section 22. Validity
The invalidity of any section, paragraph or provision of this by-law, or of any district, or part thereof as shown upon the Zoning Map, or of any boundary line shown upon said map, shall not affect the validity of any other section, para- graph or provision of this by-law, or of any other district or part thereof as shown upon the Zoning Map, or of any other such boundary line.
Section 23. Existing By-Laws Not Repealed
Nothing contained in this by-law shall be construed as repealing or modifying any existing by-law or regulation of the Town, but shall be in addition thereto, provided that, wherever this by-law imposes greater restrictions upon the construction or use of buildings than other by-laws or pro- visions of law, such greater restrictions shall prevail.
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Section 24. When Effective
This by-law shall take effect upon acceptance by the Town and its approval by the Attorney General and publi- cation according to law.
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