USA > Massachusetts > Hampden County > Wilbraham > Wilbraham annual report 1941-1945 > Part 23
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3. Churches, schools, public libraries, public museums, parish houses, hospitals, philanthropic institutions.
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4. Private clubs not conducted as a business.
5. Public parks, playgrounds, municipal recreation build- ings, water towers and reservoirs.
6. Farms, stock farms, greenhouses, nurseries and truck gardens.
7. Real estate signs of not over twelve (12) square feet in area, advertising the sale or rental of only the premises on which they are located, and bulletin boards accessory to uses specified in paragraphs 3 and 5 of this section.
8. The office or studio of a physician or surgeon, dentist, artist, musician, lawyer, architect, teacher or other like pro- fessional person residing on the premises, provided that there is no display visible from the street nor advertising excepting a professional name plate not larger than one hundred forty-four (144) square inches.
9. Telephone exchanges, transmission power lines and static transformer stations; provided there is no service or storage yards in conjunction therewith, and further provided. that such use may be permitted only after public hearing by the Board of Appeals and its approval thereof.
10. Such accessory uses as are customary incident to any of the above uses and specifically including temporary stands for the sale of products raised or produced on the pre- mises. Such temporary stands shall be permitted for a period not to exceed six months in any one year. Permanent stands for the sale of products raised or produced on the premises may be permitted subject, however, to the requirements of Sections 17 and 19 of these by-laws and after action by the Board of Appeals in accordance with Section 20 hereof.
Section 5. General or Class B Residence Districts
In General or Class B Residence Districts no building or other structure or part of a building shall be erected, altered or used nor may any premises be used except for one or more of the following purposes :
1. Any use specified as hereinbefore set forth in Section 4 and permitted in Residence A1, A2 and A3 Districts.
2. Semi-detached and two-family dwellings.
3. Hotels and boarding houses.
4. Fire and Police Stations.
Section 6 Business Districts
In Business Districts no building or other structure or part of a building shall be erected, altered or used nor may any premises be used except for one or more of the following pur- poses :
1. Any use specified as hereinbefore set forth in Sections 4 and 5 and permitted in Residence A1, A2, and A3 Districts and General or Class B Residence Districts.
2. Apartment houses.
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3. Any structure, building, or establishment, the major object of which shall be to store and display goods for sale at retail on the premises or to furnish a service for residents of the locality, provided that mechanical power used in such structures does not exceed five rated horse power in the aggre- gate or where steam pressure not exceeding fifteen (15) pounds guage pressure is produced.
4. No internal combustion engine shall be used unless objectionable vibration be eliminated and it be equipped and operated with an effective muffler or silencer so as to eliminate objectionable and unnecessary noise.
5. No amusement park or circus shall be located within any Business District.
6. A public garage shall be permitted with no restriction as to the number of cars stored, provided that no entrance driveway shall have less than ten (10) feet of clear width, and no mechanical power exceeding five rated horse power shall be used on the premises, except for charging batteries or for lifts, and no automobile repair work, except emergency work, shall be done out of doors, and provided that there shall be no openings, except fixed wired glass sashes in non-combustible frames, in the side or rear walls or roof within fifteen (15) feet of any lot line, except the street lines.
Section 7 Industrial Districts
In Industrial Districts no building or other structure or part of a building shall be erected, altered or used nor may any premises be used except for one or more of the following pur: poses :
1. Any use specified as hereinbefore set forth in Section 4, 5, and 6 and permitted in Residence A1, A2 and A3, General or Class B Residence Districts, and Business Districts, and, subject to permit by the Board of Appeals after public hearing, for the following specified purpose or use :
A. Manufacturing, employing unobjectionable motive power, utilizing hand labor or quiet machinery and processes, free from neighborhood disturbing odors or agencies.
No use shall be permitted which would be offensive, because of injurious or obnoxious noise, vibration, smoke, gas, fumes, odors, dust or other objectionable features, or because hazardous to the community on account of fire or explosion or any other cause, or any use which might prove injurious to the safety or welfare of the neighborhood into which it proposes to go, and destructive of property values, because of any excessive nuisance qualities.
HEIGHT REGULATIONS
Section 8. Residence Districts
1. The limit of height in all residence districts shall be two and one-half stories, not to exceed thirty-five (35) feet,
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except that school and municipal buildings may contain three full stories and may be erected as high as forty-five (45) feet.
2. The limitations of height in feet shall not apply to chimneys, ventilators, skylights, tanks, bulkheads, penthouses, and other accessory features usually carried above roofs, nor to towers or spires of churches and other buildings, if such features are in no way used for living purposes.
Section 9. Business and Industrial Districts
1. The limit of height in business districts shall be two stories, and not to exceed thirty-two (32) feet.
2. The limit in height in industrial districts shall be three stories.
C. The limitation of height shall not apply to such features as are mentioned in (2) of Section 8, nor to water tanks or scenery lofts which shall be at every point fifty (50) feet from the center line of any street and shall not cover more than twenty-five percent (25%) of the area of the building.
Section 10. Area Regulations
In residence districts, as provided in Sections 4 and 6, land laid out after the adoption of this by-law shall provide for each family the following minimum lot sizes:
Residence Al Districts-frontage on the street or highway, at least one hundred (100) feet and twenty thousand (20,000) square feet minimum area.
Residence A2 Districts-frontage on the street or highway, at least seventy-five (75) feet and eleven thousand two hundred fifty (11,250) square feet minimum area.
Residence A3 Districts-frontage on the street or highway, at least sixty (60) feet and six thousand (6,000) square feet minimum area.
General or Class B Residence Districts-frontage on the street or highway, at least fifty (50) feet and five thousand (5,000) square feet minimum area.
No lot, or the buildings thereon, as provided in this or any other section, shall be changed in size so as to violate the pro- visions hereof.
Section 11. Area of Structure Occupancy
The main building or structure on the premises in resi- dential districts shall occupy thereon a habitable ground area as measured to the exterior wall lines, of not less than that fixed as a minimum in the following schedule, and shall in no case exceed twenty-five per cent (25%) of the lot area in resi- dences A1, A2 and A3 Districts:
Residence Al Districts-one-story, nine hundred (900)
square feet, two-story, seven hundred fifty (750) square feet.
Residence A2 Districts-one-story, eight hundred (800) square feet; two story, six hundred eighty (680) square feet.
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Residence A3 Districts-one-story, seven hundred twenty (720) square feet; two-story, six hundred eighty (680) square feet.
General or Class B Residence Districts-not less than seven hundred twenty (720) square feet of ground area.
Section 12. Yards Front Yards
In residence and business districts, as indicated on the map, there shall be provided in front of every building a front yard having a minimum of twenty-five (25) feet in clear depth between the building and the lines of the way or ways on which the building lot abuts, and no new building or structure shall be constructed and no building or structure shall be moved, altered, reconstructed or enlarged so that a front yard less in clear depth shall result. Projecting eaves and uncovered steps shall not be considered as coming within the meaning of this section. Where to an extent of fifty percent (50%) of the frontage space between two intersecting streets, or in a space of four hundred (400) feet on one side of a street front, yards of greater depth than twenty-five (25) feet have been established, or by common agreement, or by private building restrictions, or where through common usage they exist, such front yards shall, notwithstanding any other provision of this by-law, be and remain the front yard spaces for such street or portion of street. Where in a similar space there is a variety in depth, all being above twenty-five (25) feet, the minimum of such variety in depth shall remain the required front yard depth.
Front yards for new buildings not otherwise controlled shall conform in minimum depth to the following schedule:
Residence Al Districts-forty (40) feet.
Residence A2 Districts-thirty-five (35) feet.
Residence A3 Districts-twenty-five (25) feet.
General or Class B Residence Districts-twenty-five (25) feet.
Back Yards
Behind every dwelling there shall be provided a back yard, between the rear line of the house and the rear lot line, not less than thirty (30) feet in depth and in no instance less in depth than one-half the height of the building. Back yards may contain accessory buildings not over one (1) story high and covering not over thirty per cent (30%) of the area of the back yard. Accessory buildings shall be located not nearer than three (3) feet to the rear lot lines.
Side Yards
1. At each side of every dwelling there shall be a side yard between the side of the house and the side lot line. Side yards shall be clear at all points from the front to the rear lines of the house and shall conform in minimum width to the follow- ing schedule:
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Residence Al Districts-not less than fifteen (15) feet. Residence A2 Districts-not less than ten (10) feet.
Residence A3 Districts-not less than eight (8) feet.
General or Class B Residence Districts-not less than eight (8) feet.
2. Unattached garages, stables or other accessory build- ings located less than seventy (70) feet from the street line, on an interior lot, shall have side yards to conform with the schedule in next preceding paragraph numbered 1. Such buildings if placed more than seventy (70) feet from the street line may be located not nearer than three (3) feet from the side lot line.
3. On a corner lot no part of any unattached garage, stable or other accessory building shall be located nearer to either street line than the setback line established for such streets, nor shall it be located nearer the rear lot line which forms the side line of the adjoining lot, than the distance pre- scribed for side yards in the second preceding paragraph . numbered 1, except where such accessory buildings are located more than seventy (70) feet back from the side street, in which case the provisions of next preceding paragraph numbered 2 shall govern.
Yards for Non-Residential Buildings
Any use, not residential or accessory, permitted in a resi- dential district shall observe all provisions of this by-law in regard to depth and width of yards as applied to dwellings.
Section 13. Accessory Uses
1. Accessory uses shall be on the same lot with the building of the owner or lessee, and shall be such as do not alter the character of the premises on which they are located or impair the neighborhood.
2. Garage space for not more than three (3) cars shall be permitted as an accessory use in residence districts.
. 3. Where manufacturing of any kind is allowed as an accessory use, it shall be restricted to such light manufacturing as is incidental to a permitted use and where the product is customarily sold on the premises by the producer to the con- sumer.
4. The use of a room or rooms in a dwelling as an office or studio by a physician, dentist, lawyer, music teacher or other professional person resident in the house may be per- mitted as an accessory use.
5. Hotels, as distinct from apartment houses, where permitted under this by-law, shall contain no arrangements of any description for private cooking or housekeeping.
6. The keeping of poultry and livestock is prohibited in districts where the subdivision plot is recorded in the Hampden County Registry of Deeds or where the plot of land has been divided into two or more building lots or is a part of a previous
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subdivision, except for a small flock of poultry for the use of the occupant only, confined in an enclosure located on the rear third of the lot and not less than forty (40) feet from any street line nor ten (10) feet from any lot line. Such enclosure shall not be within less than twenty-five (25) feet of any building or structure used for human habitation and said enclosure shall be limited to an area not exceeding one-twentieth (1/20) of the area of the lot on which it is located, and provided that any building or structure used for the keeping of poultry shall be limited to one (1) story in height. The use of such enclosures or building or structure for the keeping of poultry shall be accessory to a dwelling existing on the same lot, but these restrictions relating to the keeping of poultry or livestock shall not apply to lots or districts not so recorded or subdivided.
Section 14. Non-Conforming Uses
1. No lot in any residence district shall have thereon more than one (1) building or structure occupied as a dwelling.
2. This by-law shall not apply to buildings or structures nor to the use of any building or structure or land which existed prior to the date of the adoption of this by-law; but this by-law shall apply to any change of use and any alteration of a building or structure when the same would amount to reconstruction, extension or structural change, and to any alteration of a building or structure to provide for its use for a purpose or in a manner substantially different from the use to which it was put before alteration, or for its use for the same purpose to a substantially greater extent.
3. Wherever a non-conforming use has been changed to a more restricted use or to a conforming use, it shall not again be changed to a less restricted use.
4. In residence districts, when a non-conforming use has been discontinued for a period of six (6) months or more, it shall not be re-established and future use shall be in conformity with this by-law.
5. Nothing in these by-laws shall prevent the reconstruc- tion and resumption of use of any non-conforming building which may hereafter be accidentally or criminally damaged; provided the extent of damage be less than fifty per cent (50%) of such buildings, and provided that the reconstruction be affected within one (1) year from the occurrence of said damage.
Section 15. General Provisions
1. In residence districts the removal for sale of sod, loam, clay, sand, gravel or quarried stone, except when incidental to and in connection with construction of a building for which a permit has been issued or except where it is to be used within the limits of the town, shall be deemed a non-conforming use of land, and shall be permitted only if written permission of the Board of Appeals be obtained and under such conditions as the Board of Appeals may impose and make a part of the
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permit. The Board of Appeals shall in each instance impose such conditions as will protect the neighborhood and town against permanent and temporary hazards because of con- ditions which may be left after operations are completed or because of the methods of handling such material at the site or of transporting such materials through the town.
2. Corner Clearance: Between the lines of streets intersecting at an angle of not less than one hundred thirty-five (135) degrees and a line joining points on such lines twenty-five (25) feet distance from that point of intersection, no building or structure may be erected and no vegetation may be main- tained between a height of three (3) feet and a height of eight (8) feet above the plane through their average grades.
3. Location of Automobile Services: No public garage, automobile repair shop, greasing station, storage battery service station, or gasoline filling station, or any of their appur- tenances or accessory uses, shall hereafter be placed within fifty (50) feet of any residence district. No driveway to such premises shall be in any part within fifty (50) feet of any resi- dence district. No such premises shall have any driveway entrance or exit for motor vehicles within three hundred (300) feet of the property used by any public or private school, public library, church, playground or institution for the sick or dependent, or for children under sixteen (16) years of age. Every building or structure including appurtenances or ac- cessory uses shall hereafter be located fifteen (15) feet inside the setback line and no filling shall be done except into cars standing on the property of the filling station.
Section 16. Variations
In general this by-law is supplementary to other laws and by-laws affecting the use, height and area of buildings, struc- tures and premises. Where this by-law imposes a greater restriction upon the use of buildings or premises than is imposed by existing provisions of law or by-laws, the provisions of this by-law shall control.
Section 17. Plans and Permits
No permanent building or structure shall be erected or altered so as to change the exterior appearance or increase the size of the structure without a building permit, which permit will be valid for a period not to exceed six (6) months, and applications for building permits shall be accompanied by a plat of the lot, in duplicate, drawn to scale showing the actual dimensions of the lot and the exact location and size of the buildings or structures already upon the lot, if any, and of the buildings or structures to be erected or altered, together with streets and alleys on and adjacent to the lot. Accompanying such application shall be duplicate plans of the proposed build- ings or structures in such detail as will permit the Building Inspector to determine if such structure or structures conform
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to the provisions of these by-laws. A record of such applica- tions and the plat and plans herein referred to and action taken thereon shall be kept on file in the Town Office.
Section 18. Applicability of By-law and Enforcement
1. No building or other structure nor any premises shall be used nor shall any building or other structure or part thereof be erected, or altered, except in conformity with the provisions of this by-law which apply to the district in which the premises, building or structure is located.
2. This by-law shall be administered by the Building Inspector who shall be appointed annually by the Selectmen. He shall approve no applications of any kind, plans and speci- fications and intended use for which are not in all respects in conformity with this by-law.
Section 19. Occupancy Permit
No building erected, altered or in any way changed as to construction or use under a permit or otherwise, shall be oc- cupied or used without an occupancy permit signed by the Building Inspector, which permit shall not be issued until the building and its uses and accessory uses comply in all respects with this by-law.
Section 20. Board of Appeals
1. The selectmen shall, within thirty (30) days after the adoption of this by-law and thereafter as terms expire or vacancies occur, make appointments to a Board of Appeals as provided in Section thirty of Chapter forty of the General Laws, Tercentenary Edition, as amended, having all the powers and duties as provided in said section.
2. Said Board shall consist of three (3) members appointed for terms of such length and so arranged that the term of one appointee shall expire each year. There shall also be appointed one associate member for a term of three (3) years, so that in the case of a vacancy, inability to act, or interest on the part of a member of said Board, his place may be taken temporarily by the associate member. Said Board shall elect annually a Chairman from its own members.
3. Any person aggrieved by the refusal of the Building Inspector to issue a permit or license on the grounds of non- compliance with this by-law or any person aggrieved by a decision of the Building Inspector may appeal to the Board of Appeals as provided in said section thirty of chapter forty of said General Laws as amended.
Section 21. Repetitive Petitions Before Town Meetings
No proposed by-laws making a change in this zoning by- law which has been unfavorably acted upon by the Town Meeting shall be considered on its merits by the Town Meeting within two (2) years after the date of such unfavorable action, unless adoption of such proposed by-law is recommended in
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AL DISTRICT 8 minimum Street Frontage 100'
130'
151
701
.. 30'
Minimumm lot area 20,000 sq. ft.
Habitable area of structure Maximum: 5,000 sq. ft. Minimum: 1 story - 900 sq. ft. 2 story - 750 sq. ft.
A2 DISTRICTS Minimum Street Frontage 75'
351
85'
55'
30'
Mnimm lot area 11,250 sq. ft.
Habitable area of structure Maximum: 2,812 sq. ft. Minimum: 1 story - 800 sq. ft. 2 story - 680 sq. ft.
43 DISTRICTS Minimun Street Frontage 60'
25'
8
8
30'
Minimum lot area 6,000 sq. ft.
GENERAL OR CLASS B DISTRICTS Minimun Street Frontage 50'
Minimum lot area 5,000 sq. ft. Habitable area of structure Maximum: 1,500 sq. ft. Minimmm: 1 story - 720 sq. ft. 2 story - 680 sq. ft. Habitable area of structure Maximum: Limited only by front, side and rear yard requirements Minimum: Structure shall cover not 1088 than 720 sq. ft. of ground area regardless of number of stories Shaded areas indicate maximum limits beyond which no part of the structure my project.
the final report of the Planning Board, as required by sections twenty-seven and twenty-seven A of Chapter forty of said General Laws as amended.
Section 22. Repetitive Petitions Before Board of Appeals
No appeal or petition under paragraph three, section thirty, chapter forty of said General Laws, as amended, for a variance from the terms of this by-law with respect to a particular parcel of land, and no application under section thirty for a special exception to the terms of this by-law, which has been unfavor- ably acted upon by the Board of Appeals shall be considered
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on its merits by said Board within two (2) years after the date of such unfavorable action except with the consent of all the members of the Planning Board.
Section 23. Amendments
The Planning Board upon its own initiative may, and upon petition shall hold public hearings, fourteen (14) days' pub- lished notice of which shall be given, for the consideration of any amendments to the zoning map or to this by-law, and report to a regular or special Town Meeting its recommendations as to what action should be taken. No hearing shall be held or appeals considered for any variation or change of district boundaries except as provided in section thirty of chapter forty of said General Laws and in this section.
Section 24. Valadity
The invalidity of any section or provision of the by-law shall not invalidate any other section or provision thereof.
Section 25. Repeal
Any existing by-laws or any parts thereof inconsistent with this by-law are hereby repealed.
Section 26. When Effective
This by-law shall take effect upon its approval by the Attorney General and its publication and posting as required by section thirty-two of chapter forty of said General Laws.
Article 23. To see if the Town will adopt a by-law estab- lishing a Planning Board under the provisions of General Laws (Ter. Ed.) Chapter 41, Section 81a, with all the powers and duties therein and in any existing by-laws of the Town, to consist of five members to be elected by ballot at the Annual Town Meeting in February, 1946, one for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years and one for a term of five years and there- after in accordance with the provisions of the statute, or take any action relative thereto.
Article 24. To see if the Town will vote to raise and appropriate the sum of five hundred dollars ($500.00) to be expended under the direction of the Planning Board in connec- tion with the proposed revision of the zoning by-law.
Article 25. To see if the Town will vote to rescind . all previous votes taken relative to care of cemetery lots under perpetual care, insofar as they related to limiting care of such lots to the amount of earnings of the investment, or take any action relative thereto.
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