1952 Zoning Exceptions for Real Estate -- 44 Murray Waltham Old Lot Case

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1952 Zoning Exceptions for Real Estate -- 44 Murray Waltham Old Lot Case Powered By Docstoc

             OF THE



         DECEMBER 1952
           j.~~/     ~tory.   That part ot a bUIldmg between any tloor and tne tloor                 different from the use to which it was put before alteratIOn, or tor Its use
           ~ next above. For the purpose of this ordinance, where a building is                      for the same purpose to a substantiall y greate r extent, subject however to
                "y Clivided into stories, a story shall be considered fifteen feet in height.        the provisions of the following section .
              .§Jr eples, penthouses, cupolas, stage lofts, etc. shall not be considered as
  ~ ..::, •.;rt dditional stories. A basement or cellar, the ceiling of which extends more                SECTION II.      CHANGE, ALTERATION, EXTENSION OF
~~) than four feet six inches above the average finished grade, shall be a story                                             NON-CONFORMING USES. "'''
~:l:;:'       within the meaning of this ordinance.                                                       No non-conforming use, if once changed to a use permitted in the
            35. Street. A way, whether public or private, used or dedicated for                      district in which it is located, shall be changed back to a non-conforming
       use for purposes of passage, and including streets, avenues, boulevards,                      use. No non-conforming use shall be replaced by any other non-conforming
       parkways, roads, alleys, lanes and viaducts.                                                  use. No non.conforming use which shall have been di scon tinued for more
               36.   Street Line. The dividing line between a street and adjacent                    than one year shall be resumed.
       land.                                                                                               Any building or land which, at the time of the passage of this ordi-
                                                                                                     nance, constitutes a lawful non-conforming use may be:
            37. Structure. A combination of materials, assembled together to
       give support or shelter, and including a building, framework, retaining                             1.   Continued in that use.
       wall, tent, reviewing stand, platform, bin, fence, trailer, sign, flagpole, mast                    2. Altered or enlarged in that use to an exten t not exceeding thirty-
       for radio antenna or the like. The word "structure" shall be construed,                       five percent (35%) of the g round floor area of the building or area of
       where the context allows, as though followed by the words, "or part or                        land used at the time of the passage of this ord inance, pro vided a permit
       parts thereof."                                                                               is obtained from the Board of Appeals for sllch alteration or enlargement.
           38. Two·family house. A dwelling occupied by two families with                                  3. Changed to a similar use of not less restLicted character, subject
       two separate housekeeping units.                                                              to approval of the Board of Appea ls.
          39. Undertakers' Establishments. A place of business, duly licensed                              4. Rebuilt or restored at th e same lo cation and aga in us ed as pre-
      by law for preparing the dead for burial or for conducting funerals or                         viously, provided destruction was accidental, and further prov ided that the
      cremations.                                                                                    restoration is begun within three mont hs and completed within a reasonable
                                                                                                     time fixed by the building inspector.
                                                                                                         ARTICLE FIVE - GENERAL AND SP1:CIAL RESTRICTIONS
                                                                                                                         AND EXCEPTIONS.
                                    STRUCTURES and USES.
                                                                                                       SECTION I. RESTRICTIONS AND EXCEPTIONS APPLICABLE
            No building or other structure nor any land shall be used, nor shall
       any building or other structure or part thereof be erected or altered, except                                    IN ALL DISTRICTS.
       in conformity with the provisions of this ordinance and any amendments                             The following pro visions shall be appli ca ble in all districts.
       thereof which apply to the district in which the building, structure or                             1. Use, Height and Area Provisions. No building or other struc-
       premises shall be located; provided, however, that this ordinance shall not
       apply to existing buildings or structures, nor to the existing use of any
                                                                                                I    tnre nor any land shall be used, nor shall any buildin g or stru cture be
                                                                                                     erected or altered, except in conformity with the provisions of thi s ordi-
       building or structure, or of land to the extent to which it is lawfully used                  nance and any amen dments ther eof v!bich apply to th e district in which
       at the time of the adoption of this ordinance.                                                the building, structure or premises shall be located.
            This ordinance shall apply to any change of use thereof and to any
                                                                                                           ?    Required Yards or Open Spaces. No part of a ya rd or other
       alteration of a building or structure when the same would amount to recon·               I.
                                                                                                     open space required for any buil d ing for the purpose of co m plying with
       struction, extension or structural change, and to any alteration of a building
                                                                                                     the provi sions of this ordinance shall be included as a part of a yard or
       or structure to provide for its use for a purpose or in a manner substantially
                                                                                                     other open space similarly required for ano ther building.
                                                 10                                                                                       11
       3. Lots in Two Districts. Where a district boundary line divides a               from any lot line. In the case of corner lots, the set-back provlslOns govern-
lot in single or joint ownership of record at the tim e such line is adopted,           ing the location of principal buildings on each of the abutting streets shall
the regulations for the less restr icted portion of such lot shall extend not           apply to the location of such enclosure, building, or structure. Such en-
more than thirty (30) feet into the more restricted portion, provided the               closure building, or structure shall not be nearer than tw enty-five (25) feet
lot has frontage on a srreet in the les:; restricted di <; trict.                       to any building or structure used for hum an habitatio n, shall not occupy
                                                                                        an area exceeding one- twentieth (1 / 20th) of the area O'u, the lot on which
      4. Reduction of lot Areas. No lot on which a building is located
                                                                                        it is located, and shall be limited to ten (10) feet in height. The use of
in any district shall be reduced or changed in area, shape, or frontage so
                                                                                        such enclosure, buildin g or structure for the keeping of poultry shall be
that the building or lot fails to comply with the provisions of this ordinance.
                                                                                        accessory to a dwelling on the same lot.
No lot on which a building is situated shall be reduced in area or frontage,
if such lot is smaller than is herei n prescribed. This provision, however,                   9. Height Exceptions. The provisions of this ordinance governing
shall not apply when a portion of a lot is taken or conveyed for a public               the height of buildings shall no t apply to chimn eys, coo ling towers, elevator
purpose.                                                                            ,   bulkheads, skylights, venti la to rs and other necessa ry appurtenances usually
                                                                                        carried above roofs, nor to dom es, towers, stacks or spires, if not used for
       5. Two principal buildings on one lot. Every building shall have
                                                                                        human occupancy and not mor e than 25 % of the g round floor area of the
fron tage on a way, publi c or pri vate, or a clear lln obst ru cted passageway
                                                                                        building; nor to ornamen tal towe rs, observa tio n towers, radio broadcasting
at least fourteen (1 4) fee t wid e for its entire length over the lot on which
                                                                                        towers, television and radio antennae, :l1ld other like stru ctures which do
it is located to said way. If a building is loca ted in the rear of another
                                                                                        not occupy more than tw enty-five perceflt of the lot area; nor to churches
building located on the same lot. the open space between such buildings
                                                                                        or public, agricultural or institutio nal buildin gs.
shall be at least fifty percent (50 % ) greater than th e rear yard requirement
for the district. The rear building shall be subject to side and rear yard                   10. Lot Area and Width Exceptions. lot area and width require-
requirements of the dist ri ct in which it is located.                                  ments in all di stricts shall not apply to lots which prior to the adoption
       6. Minimum Area for Dwellings. Any buildin g used for human                      of this ordinance were shown as separate parcels on subd ivision plans ap-
occupancy in any distri ct shall provide a habitable g round floor area of not          proved by the Board of Survey and Planning, or assessed as separate parcels,
less than six hundred (600) square feet per family.                                     or shown on plans or deeds duly recorded with the Middlesex County
                                                                                        Registry of Deeds.
       7. Emission of fumes, offensive odors, noises, etc. No premises shall
be used , and no building or structure slull be constructed, enlarged, recon-                lOA. For each [oat that sLlch a lot is less than fifty (50) feet wide,
structed , or used in any district for any purpose which by the emission or             three in ches shall be deducted from the sum of th e widths of the two side
discharge of fumes, vapor, gas, dust, offensive odors, chemicals, poisonous             yards, but no side yard shall be less than five (5) feet.
fluids, or substances, refuse, organic matter, or excrement, the causing of
noise or vibrations, or by unduly increasing the risk from fire or explosion,                11. Yard Exceptions and Pmjections. Corn ices shall not project
or otherwise, would be dangerous or injurious to the public health or safety,           more than three (3) feet into requ ired open spaces, nor more than one-
or for any purpose which would be for any reason injurious to the health,               quarter of th e width of th e req ui red open spaces within the lot over which
safety, convenience, morals or welfare of th e inhabitants of the city.                 they project, but may pro ject on e foot in any case. Bol: courses and other
                                                                                        ornamental fea tures shall not project more than twe lve (1 2) in ches into
      S. Keeping of Poultry, Pigeons and Live Stock. The keeping of
                                                                                        such required open spaces. Proj ecting eaves, chimneys, balconies, and like
poultry, pigeons, and live stock is prohibited, except on farms in accord-              projections which do no t project more than three (3) feet, and unenclosed
ance with the provisions of ARTICLE SIX, SECTION I, sub-section 10,                     steps, unroofed porches and the like, which cia not project more than ten
hereinafter set forth ; provid ed however th at a resident occupant, duly               (10) feet beyond the line of the foundation wa ll , may extend beyond the
licensed by the Board of Health, may ke ep not more than twelve poultry                 minimum yard requir ements otherwise provi ded [or the district in wh ich
or pigeons or lives t"ock for his use only, confin ed in one enclosure, building,       the structure is built. An open or latti ce enclosed iron fire escape may
or structure located on the rear third of the lot and not less than" forty (40)         project not more than fi ve ( 5) feet into a rear yard .
feet from any street line on which the dwelling faces and ten (10) feet

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