USA > Massachusetts > Hampden County > Wilbraham > Wilbraham annual report 1951-1955 > Part 37
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effect or otherwise lawfully maintained. (1920, 222; 1926, 330, section 1; 1928, 357, section 4; 1929, 147, section 1.)
SECTION 9. Every rule, regulation, order, ordinance or by-law or part thereof in force on the effective date of this act of a kind required by the provisions of this act to be approved by the department of public works in order to become effective shall be void after one year from said date if not approved in writing by said department within said year; and every traffic-regulating sign, device or signal of a kind required by said provisions to be approved by the said department which is lawfully maintained by a city or town on said effective date, or any such sign, device or signal so maintained which would be lawful if so approved, may continue to be maintained by such city or town for and during said year without such approval; provided, that at any time within said year the department may in writing and after notice disapprove such a rule, regulation, order, ordinance, by-law or part thereof, or such a sign, device or signal, and thereupon the same shall cease to have legal effect.
RECONSIDERATION OF PROPOSED CHANGE Adopted May 23, 1946
Unanimously voted that the Town of Wilbraham does hereby accept the provisions of General Laws (Ter. Ed.) Chapter 40, Section 27A, which reads as follows:
SECTION 27A. Reconsideration of Proposed Change in Ordinance or By-Law after Unfavorable Action. - After acceptance of this section as provided in section four of chapter four, no proposed ordinance or by-law making a change in any such existing ordinance or by-law, which has been unfavorably acted upon by a city council or town meeting, shall be considered on its merits by the city council or town meeting within two years after the date of such unfavorable action unless the adoption of such proposed ordinance or by-law is recommended in the final report of the planning board or select- men required by section twenty-seven. (1938, 133, section 1.)
ZONING BY-LAWS OF THE TOWN OF WILBRAHAM Amended and Revised as of 1954
SECTION 1
To promote the health, safety, convenience, morals or welfare of its in- habitants, for the prevention of fire and the preservation of life, health and morals in the town, under the provisions of the General Laws, including Chapter 40, Sections 25 to 30B, inclusive, and Chapter 143, Section 3, the Town of Wilbraham is hereby divided into zones or districts, defined and bounded on the zoning map dated May 1, 1954, and filed in the Office of the Town Clerk, which map with its notations is hereby made a part of this by-law.
SECTION 2 Districts
For the purpose of this by-law the Town of Wilbraham is divided into six classes of districts, designated as :
1. Residence A-1 Districts.
2. Residence A Districts.
3. Residence B Districts.
4. Neighborhood Shopping Districts.
5. Business Districts.
6. Industrial Districts.
SECTION 3 Definitions
In this by-law, the following terms shall have the meanings as set forth herein :
1. "Family": A person or a group of persons of immediate kindred who live together as a single housekeeping unit under one head.
2. "Building": A combination of any material, whether portable or fixed, having a roof, to form a structure for the shelter of persons or property.
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3. "Building - Permanent": A building which for reasons of its con- struction or intent of the owner is not intended to be moved.
4. "Dwelling": A building occupied exclusively as a residence for one or more families.
5. "Apartment House": A dwelling designed for or occupied by more than two families.
6. "One-family House": A detached dwelling designed for a single family.
7. "Semi-detached House": Two one-family houses built together at the same time and separated by a fireproof division wall with no openings.
8. "Two-family House": A detached dwelling designed for two families.
9. "Tent": For the purpose of this by-law, a tent will be considered a building, and is hereby subject to all regulations as to buildings.
10. "Two-story": Where the habitable area above the first floor of a building equals or exceeds seventy per cent (70%) of the habitable area of the first floor, then such building shall be deemed a two-story building.
11. "Habitable Area": Shall be the outside dimensions of that portion of a building exclusive of porches and breezeways commonly used as living quar- ters by the occupant of the structure. It may include attached garage.
12. "Accessory Use of Building": A use of land or a building customarily incident to and located in the same lot with another use of land or building.
13. "Non-conforming Use of Building": Existing use of land or a building which does not conform to the regulations for the district in which such use of land or a building exists.
14. "Lot": A lot is that area of land described in the application for a permit to construct the building.
15. "Sub-division": The word sub-division shall for the purpose of this by-law be as defined in Section 81-F of Chapter 41 of the General Laws, as amended. Viz: The division of a lot, tract or parcel of land into two or more lots, sites or divisions of land, in such a manner as to require provi- sion for a street for the purpose, whether immediate or future, of sale or building development. The word "sub-division" shall include "re-sub-division" in relating to the process of sub-dividing or to land already sub-divided, when appropriate to the context.
16. "Farm": A plot or plots of land under one ownership or lease, on any of which farming operations are carried on, and which in the aggregate are capable of producing a minimum living income.
17. "Private Stable": A building or part of a building in which one or more horses or cows are kept for the private or professional use of the owner, and in which no horses are kept for sale, rent or hire, or for the carrying of merchandise for profit, for trucking or other business.
18. "Gasoline Filling Station": A building or part of a building used in supplying on the premises the following materials and services: gasoline and like petroleum products used by motor vehicles, greasing, washing, compressed air, and similar supplies, but not for the purpose of making repairs, except tube repairs.
SECTION 4 Residence A-1, A and B Districts
In any Residence A-1, A and B District, 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. One-family houses, except that. however, the Board of Appeals, upon requests for special permits, after public hearing and if it deems such action wise and if it appears to the Board that such action will not tend to deterio- rate the standard and character of the neighborhood, may grant special per- mits under the authority of General Laws, Chapter 40, Section 30, clause 2, for the use of an existing one-family detached house by not more than two families provided (1) that said Board finds that such existing one-family detached house was erected for at least twenty-five (25) years prior to date of filing of such request for special permit; and (2) that such house may be altered and improved and facilities added for the use of not more than two families, and provided further that the petitioner shall present to the Board of Appeals adequate plans setting forth the changes and improvements to be made and provided further that such changes and improvements do
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not materially alter the exterior appearance of the existing structure. Prior to the public hearing to be held in connection with any petition for such special permit under this section of these by-laws, the Board of Appeals shall send written notice of such public hearing to all abutters of the subject property and also to the owner of the parcel directly across the street and owners of the parcels next on either side thereof. Such notices shall contain the date and place of such public hearing and a resume of the subject matter thereof and shall be mailed to the owners of record of the parcels indicated above at their respective last known addresses. Such special permit shall be granted by the Board of Appeals only when it is clear that such changes and improvements are for the best interest of the community. Each case shall be considered on its own merits and no case shall raise a presumption in favor of any other case. Nothing herein contained in this section and no special permit granted by the Board of Appeals under this section shall be considered as changing or affecting the zoning of any Residence A-1, A or B Districts.
2. The taking of boarders or the leasing of rooms by a resident family, provided there is no display visible from the street nor sign-board used to advertise such use, except an announcement sign having an area of not more than one hundred forty-four (144) square inches. Any illumination provided for the above mentioned sign shall be steady, and not intermittent while in use.
3. Churches, schools, public libraries, public museums, parish houses, hospitals, philanthropic institutions.
4. Private clubs not conducted as a business, except saddle or riding clubs.
5. Public parks, playgrounds, municipal buildings, water towers, reservoirs, radio and television broadcast facilities.
6. Farms and farming, stock farms, greenhouses, nurseries, and truck gardens, forests, wood lots, portable wood-working machinery and any use incidental or accessory to the preceding uses. The term "stock farms" shall not be construed to be inclusive of mink or rabbits or other furbearing animals.
7. Real estate signs of not over twelve (12) square feet in area, adver- tising the sale or rental of only the premises on which they are located, and bulletin boards necessary 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 professional person residing on the premises, provided that there is no display visible from the street nor adver- tising excepting a professional name plate not larger than one hundred forty- four (144) square inches. Any illumination provided for the above mentioned name plate shall be steady and not intermittent while in use.
9. Telephone exchanges, transmission power lines and static transformer stations, provided there are no service or storage yards in conjunction there- with, 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 customarily incident to any of the above uses and including the processing and sale of products raised or produced on the premises, and specifically including temporary stands for the sale of such products. Such temporary stands shall be permitted for a period not to exceed six months in any one year. Permanent stands for the sale of prod- ucts raised or produced on the premises may be permitted subject, however, to the requirement of Sections 18 and 20 of these by-laws and after action by the Board of Appeals in accordance with Section 21 thereof.
SECTION 5 Neighborhood Shopping Districts
(a) Permitted Uses. In any Neighborhood Shopping District, as indicated on the Building Zone Map, no building or other structure shall be erected, altered or used and no land shall be used or occupied for any purpose except one or more of the following:
(1) Any use permitted in the least restricted residence district abutting such Neighborhood Shopping District on either side.
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(2) A building, structure or establishment, the major object of which shall be to store and display goods for sale at retail on the premises only or to furnish a service intended for the residents of the immediate vicinity, which use shall be confined to the following: General, grocery, and drug store, barber and beauty shop, luncheonette, tearoom, or any combination of the above, and a filling station.
(b) Heights. A business building shall not be erected or altered to a height in excess of one story and attic nor more than twenty-five (25) feet. For a residence building, the height shall comply with the height requirements of the least restricted district which abuts such Neighborhood Shopping Dis- trict on either side.
(c) Setbacks. No part of any business building or other structure shall be erected or altered so as to be nearer to the street line of the street on which it faces than is permitted for dwellings in the most restricted residence district which abuts such Neighborhood Shopping District on either side. For a residence building the setback shall comply with the setback require- ments of the least restricted residence district which abuts such Neighbor- hood Shopping District on either side.
(d) Side Yards. There shall be a side yard between a business building and any sidelot line. It shall comply with the side yard requirements of the most restricted residence district which abuts such Neighborhood Shopping District on either side. For a residence building it shall comply with the side yard requirements of the least restricted residence district which abuts such Neighborhood Shopping District on either side.
(e) Rear Yards. There shall be a rear yard between a business building and any rear lot line. It shall comply with the rear yard requirements of the most restricted residence district which abuts such Neighborhood Shop- ping District on either side. For a residence building it shall comply with the rear yard requirements of the least restricted residence district which abuts such Neighborhood Shopping District on either side.
(f) Filling Stations. A filling station shall be governed by all regulations of Section 15, paragraph 4, of these by-laws.
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 purposes:
1. Any use specified as hereinbefore set forth in Section 4 and permitted in Residence A-1, A and B Districts.
2. 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 horsepower in the aggre- gate or where steam pressure not exceeding fifteen (15) pounds gauge pres- sure is produced.
3. No internal combustion engine shall be used unless objectional vibra- tion be eliminated and it be equipped and operated with an effective muffler or silencer so as to eliminate objectionable and unnecessary noise.
4. No amusement park or circus shall be located within any Business District.
5. A public garage shall be permitted with no restriction as to the num- ber 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
- horsepower shall be used on the premises, except for charging batteries or for lifts, and provided that there shall be no openings, except fixed wire 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. No dismantling of motor vehicles out-of-doors shall be permitted except under an annual permit granted by the Board of Appeals.
SECTION 7 Industrial Districts
In Industrial Districts no building or other structures or part of a build-
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ing 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 Sections 4 and 5 and per- mitted in Residence A-1, A and B Districts, Neighborhood Shopping Districts, and Business Districts.
2. Manufacturing, employing unobjectionable motive power, utilizing hand labor or quiet machinery and processes, free from neighborhood disturbing odors or agencies, subject however to the provisions of the next succeeding paragraph.
No use shall be permitted which would be offensive because of injurious or obnoxious noise, vibration, smoke, gas, fumes, odors, dust or other objec- tionable 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, except that the Board of Appeals after public hearing may authorize any such prohibited use by written permit.
SECTION 8 Height Regulations - 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, 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 farm buildings nor 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.
3. The limitation of height shall not apply to such features as are men- tioned 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 (25) percent of the area of the building.
SECTION 10 Area Regulations
In residence districts, as provided in Section 4, land laid out after the adoption of this by-law shall provide for each family the following minimum lot sizes :
Residence A-1 District - frontage on the street or highway at least one- hundred fifty (150) feet and thirty thousand (30,000) square feet minimum area.
Residence A District - frontage on the street or highway at least one- hundred (100) feet and twenty thousand (20,000) square feet minimum area.
Residence B District - frontage on the street or highway at least seventy- five (75) feet and eleven-thousand two-hundred fifty (11,250) square feet minimum area.
No lot or the building thereon, as provided in this or any other section, shall be changed in size so as to violate the provisions hereof.
SECTION 11 Area or Structure Occupancy
A. The main building or structure on the premises in residential 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 Residence A-1, A and B Districts.
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Residence A-1, A and B Districts, one-story, eight hundred (800) square feet.
One-and-one-half story and two-story, six hundred eighty (680) square feet.
B. The habitable area of a building may include an attached garage, but such attached garage shall not be computed at more than fifteen per cent (15%) of the habitable area of such building.
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 struc- ture shall be constructed 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 per cent (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 space for such street or portion of street. Where in a similar space there is a variety of 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 by the previous paragraph shall conform in minimum depth to the following schedule:
Residence A-1 Districts - forty (40) feet.
Residence A Districts - forty (40) feet.
Residence B Districts - thirty-five (35) 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. 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. The height restrictions hereinbefore set forth in this sec- tion shall not apply to farm buildings.
Side Yards
1. At each side of every dwelling there shall be a side yard between the side of the house and side lot lines. 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 following schedule:
Residence A-1 Districts - not less than twenty (20) feet.
Residence A Districts - not less than fifteen (15) feet.
Residence B Districts - not less than ten (10) feet.
2. Unattached accessory buildings, not including stables, on an interior lot in Residence A-1, A and B Districts, shall have side yards to conform with the schedule for said districts in the next preceding paragraph num- bered 1.
3. On a corner lot no part of any unattached accessory buildings, not including stables, shall be located nearer to either street line than the set-back 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.
4. Yards for Non-Residential Buildings: Any use, not residential or accessory, permitted in a residential district, shall observe all provisions of this by-law in regard to depth and width of yard as applied to dwellings ..
5. Side and rear yards shall not be required for a business, or industrial building but facilities shall be provided for loading and unloading all mate- rials, equipment, and merchandise on the premises and entirely off the traveled public way.
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SECTION 13 Accessory Uses
1. Accessory uses, other than those incident to farming, shall be on the same lot with the dwelling 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 light manufacturing as is incidental to a permitted use and where the product is customarily sold on the premises by the producer to the consumer.
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 resi- dent in the house may be permitted 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 on lots where the sub-division plot plan is recorded in the Hampden County Registry of Deeds or is a part of such previously recorded sub-division, 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 or one-thousand (1,000) square feet, whichever is the lesser, 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 necessary to a dwelling existing on same lot, but these restrictions relating to the keeping of poultry or livestock shall not apply to lots or districts not so recorded or sub-divided.
7. Private stables are permitted as accessory uses, provided that they be located not less than one hundred seventy-five (175) feet from any street line and not less than twenty-five (25) feet from any side and rear lot lines. This restriction shall not apply to farm stables.
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