USA > Massachusetts > Middlesex County > Arlington > Town of Arlington annual report 1959 > Part 11
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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 in- sertion 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 consid- eration of any proposed amendment, modification or repeal of this by-law, provided that where a petition is filed such peti- tion shall show that copies of the petition have been sent by registered mail to all abutters of the land referred to in the petition. The Planning Board shall report to the Town Meet- ing its recommendations with respect to the action to be taken thereon. Notice of such hearing shall be given by pub- lication in a newspaper of general circulation in the Town, the first publication to be not less than ten 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 rec- ommendations 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 recommenda- tions by 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 recommendations 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
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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 6 to and including 9 of Chapter 40-A 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 meanings 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 intended to be occupied"; and the "used" includes "designa- ted 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 dis- trict in which it is located .
"Alteration" - A change in a building which modifies its location, 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.
"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 remuneration.
"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.
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"Commercial Vehicle" - Any truck, tractor, cart or wagon, whether or not marked to indicate a business use, as well as any passenger car on which is painted or otherwise per- manently affixed any writing to designate the business use or affiliation of the said car in the business, profession or occupation of the owner or user, shall be deemed to be a com- mercial vehicle for the purposes of this 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 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 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.
"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.
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"Gross Floor Area" - The gross floor area of a building is the total area of all floors, including basement and mezza- nines, 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 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.
"Rooming or Lodging House" - A house in which a busi- ness is made of renting rooms.
"Sanatorium or Sanitarium" - An establishment for recep- tion and treatment of invalids or convalescents where con- ditions 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
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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 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 existing 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 nonresidential building, if destroyed to the extent of 75% of its value above the foundation, shall be rebuilt for non-conforming use. No non-conforming build- ing shall be extended or enlarged except by permission of the Zoning Board of Appeals. The Zoning Board of Appeals may grant permission if such rebuilding, extension or enlargement would be in harmony with the general pur- pose and intent of this by-law, and not otherwise.
Section 8. Use of land
The use of land for any purpose other than those specifically provided for in these by-laws is hereby forbidden. No sod, loam, sand, gravel or quarry stone shall be removed
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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 permission being obtained in accordance with the procedure provided in Section 4 and only when such permission would be in har- mony 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 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.
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 sec- tion 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 injurious to the health, safety, morals or welfare of the community 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 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 corner,
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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.
Section 12-A. Location of Private Garages
Private garages shall be located not less than five feet from any other building except that such garages of first or second class fire protected construction may be located adja- cent to any other building.
Section 12-B. Restrictions Affecting All Residence Districts
The storage or keeping of not more than one commercial vehicle in a private garage accessory to a dwelling shall be allowed if owned or used by a person residing in such dwell- ing. In no case, however, shall the regular open-air parking of any commercial vehicle be permitted in any residence dis- trict except with permission of the Zoning Board of Appeals.
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
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3. Farm (except the raising of livestock or poultry) 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 usual 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, sanitorium (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 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 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 square feet. 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.
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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:
(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.
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 buildings, 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 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.
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(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.
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 buildings including garages shall be constructed, altered, enlarged, re- constructed or moved in such a way as to cover more than 25 per cent of the area of the lot for a building five stories in height, more than 30 per cent for a four-story building, or more than 35 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 ex- ceeds 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, automobile parking spaces: shall be required off-street on land associated with each residential structure containing dwellings for three or more families erected after the date of adoption of this amend- ment. Such accessible and usable spaces, including space for entrances, exits, and driveways, in said off-street parking area shall be available at the ratio of at least 300 square feet of space (open or covered) for each dwelling unit in each such structure. Such off-street spaces shall not be within 15 feet of any street line nor in the front yard of any building unless within an underground or basement garage not open- ing directly onto the frontage street. All parking facilities so provided are to be for the exclusive use of residents of the property or their guests.
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 re- quirements of the Residence B districts.
RESIDENCE D DISTRICTS
Section 15-1. Use Regulations
In Residence D 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 A district.
2. Apartment House
3. Such accessory purposes as are customary or usual in connection with any of the foregoing purposes and are incidental thereto, including a private garage.
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Section 15-2. Building Coverage and Court Regulations
1. In the Residence D districts, no building or buildings including garages shall be constructed, altered, enlarged. reconstructed or moved in such a way as to cover more than 35 per cent of the area of the lot.
2. Inner courts shall not be permitted in any building. Outer courts shall have a minimum width of 50 feet. In no case shall an outer court have a depth greater than one and one-half times its width.
Section 15-3. Parking Spaces
In the Residence D Districts, automobile parking spaces shall be required off-street on land associated with each resi- dential structure containing dwellings for three or more families erected after the date of adoption of this amend- ment. Such accessible and useable spaces, including space for entrances, exits, and driveways, in said off-street parking area shall be available at the ratio of at least 300 square feet of space (open or covered) for each dwelling unit in each such structure. Such off-street spaces shall not be within 15 feet of any street line nor in the front yard of any building unless within an underground or basement garage not open- ing directly onto the frontage street. All parking facilities so provided are to be for the exclusive use of residents of the property or their guests.
Section 15-4. Height and Area Regulations
The height and area regulations in the Residence D dis- tricts are hereby established as follows :
Height 50 feet - four stories
Front yard min. depth in feet 35 feet
Side yard min. width in feet 25 feet
Rear yard min. depth in feet 25 feet
Maximum occupancy in per cent 35 per cent
Single family houses constructed in a Residence D dis- trict shall be required to conform to the minimum area and yard requirements of the Residence A districts.
Where a building faces one or more streets, each such face shall be considered the front in determining set back requirements.
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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 shall be used for any purpose except the following :
(a) Any purpose which is authorized or may be permit- ted in the Residence C districts.
(b) One or more of the following uses :
1. Store, salesroom or showroom for the conduct of retail business
2. Wholesale showroom, with storage limited to floor samples only
3. Restaurant or other place for the serving of food or beverages, provided that no dancing and no mechanical or live entertainment is regularly furnished unless permitted by the Zoning Board of Appeals as hereinafter authorized.
4. Any of the following personal or consumer service establishments: barber shop or beauty parlor, clothing rental establishment, collection station for laundry or dry cleaning, dressmaking or millinery shop, funeral home, hand or self- service laundry, interior decorating studio, photo- graphic studio.
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