CHAPTER XXVIII ZONING ORDINANCE

BE IT ORDAINED BY THE CITY COUNCIL, OF THE CITY OF WOBURN

 

Section 1.    Districts.

(a) The city of Wolburn is hereby divided into four classes of districts General Residence districts, Business Districts, Manufacturing Districts and Heavy Industry districts, as shown on the Zoning Map date Nov. 5, 1924, which accompanies this Ordinance and is hereby declared to in part thereof.

(b> The boundaries between districts are, unless otherwise indicated, the center lines of streets, alleys, parkways or railroads.

Lines within blocks are, unless otherwise indicated one hundred feet distant from the less restricted side of the 'block.

(c) Where a district boundary line divides a lot In a single ownership at the time of the adoption of such line the regulations for the less restricted portion of such lot shall extend to the entire lot, but no more than twenty-five feet within the 'boundary line of the more restricted district.

(d) 'Chimneys, spires, towers and other projections not used for human occupation may extend above the 'height limitaition herein fixed.

(e) No lot shall be so reduced that the dimensions of any of the open spaces Shall be smaller than herein prescribed.

 

 

Section 2. General Residence Districts. In a general residence district.

(a) No building Shall be erected, altered or used for any otiher purpose than

(1)    Church;

(2)    Educational Use;

(3)    Farm, garden, nursery or greenhouse;

(4)    Municipal Recreation Use;

(5)    Dwelling, including lodging house;

(6) Clubhouse, except one of the chief use of which is for a service customarily carried on as a business;

(7)    Telephone  Exchange   Office;

(8) Accessory use customarily incident to any of the above uses. The term "accessory use" in this Section shall not include a use on a separate lot, garage space for more than two cars, a stable for more than two horses or cows or any use Injurious or offensive to a residential neighborhood.

(9) Garage space for more than two cars or a garage on a separate lot but in no case with facilities for the business of repairing, filling station, stable {or more than two horses or 'cows, philanthropic use, cemetery, hospital or sanatorium, provided in each case that after a public hearing, ten days' notice of which, shall be published and mailed to the last known address of each owner of property within five hundred feet of 'the lot, the Board of Appeal shall rule that the building and use will not be injurious to the neighborhood.

b) No part of a building except unroofed porches shall .be built within fifteen feet of the street line, provided that no ibuilding need set hack more than fifteen per cent of the depth of the lot nor more than the average of the setbacks of the buildings on the lot  next thereto on either side, a vacant lot or a lot occupied by a building set back more than fifteen feet being counted as though occupied 'by a (building set .back ftSteen feet.

(c) No dwelling shall be .built within thirty feet or a distance equal <to thirty per cent of the depth 'Of .the lot, witchever is the less, from the rear lot line and no other building except an aocee-story building shall be built within fifteen feet or a distance equal to fifteen per cent of the depth of the lot whichever is ithe less, from the rear lot line.

(d) No ibuilding 'Shall ibe built with a side wall, except a party wall, within seven feet of a side lot line, nor within fourteen feet of any other building on the same tot unless contiguous thereto. There Shall be a side yard om each side of each building, provided that not more than four families may be housed in an attached row or group of buildings.

(e) No building shall exceed either thirty-five feet or two and one half stories In height unless it sets back from each street and lot line ten feet in addition to the above requirements plus one foot for each foot of excess height. The term "half story" in this Section shall .mean a story in a sloping roof, the area of which at a height four feet above the floor does not exceed two thirds of the floor area of the story immediately below it which does not contain an in-dependent apartment. No building shall exceed either sixty feet or four stories in height, provided that any dwelling existing at the time of the adoption of this Ordinance may be altered to accommodate not more than two families.

 

Section 3.   Business Districts.    In a business district,

(a)        No .building shall be erected, altered or used for any of the following specified trades, industries or uses;

(1)            Assaying, other than gold or silver;

(2)            Blacksmith, or horse-shoeing shop;

(3)            Bleaching, dry cleaning or dyeing at wholesale;

(4)        Bottling works;

(5)            Brewing or distilling of liquor or spirlta;

(6)        Brick, terra cotta or tile manufacture;

(7)        Carpet or 'bag cleaning;

(8)        Coal, coke or wood yard;

(9)            Cooperage;

(10)            Cordage works;

(11)      Cotton or woolen mills;

(12)            Enameling;

(13) Flour, grain mill or elevator;

(14)    Forge works, foundry or metal works;

(15) Garage for the storage of more than two cars or filling station unless in each case after a public bearing, ten days' notice of which shall (be "published and malted 'to the last known address of each owner of property within five hundred feet of the lot, the Board of Appeal shall rule that the !building and use will not be injurious to the neighborhood.

(16)    Glass manufacture;

(17) Ice manufacture for sale, or storage of more than twenty tons;

(18)    Junk or scrap metal dump, storage or wrecking;

(19)    Lumber yard;

(20)    Machine shop;

(21)    Oiled  or rubber cfoith manufacture;

(22)    Paiper or pulp manufacture;

(24)    Planing or saw mill;

(25)    Public utility power generating plant;

(26)    Rags or scrap paper dump, storage, sorting or baling;

(27)    Rubber manufacture or treatment;

(28)    Shoddy manufacture;

(29)    Slaughter house;

(30)    Soap manufacture;

(31)    Stone yard or cutting;

(32)    Sugar refining;

(33)   Tobacco, manufacture or chewing tobacco;

(34) Any use prohibited in a manufacturing district as provided in section five;

(35) Any other trade, industry or use that is Injurious, noxious or offensive to a neighborhood toy reason of the emission of odor, fumes, diist, smoke, vibration or noises.

(b) No part of a building except unroofed nor shall be built between the lines of intersecting streets and a line Joining points on such lines seven feet distant from their point of intersection.

(c) No dwelling shall be built within twenty feet or a distance equal to fifteen per cent of the depth of the lot, Which ever is the leas -from the rear lot line.

(d) No dwelling shall be built with a side wall within six feet of a side lot 'line unless contiguous thereto.

(e) No part of a building shall exceed In height the distance from its face to the line of the opposite side of the street. No building shall exceed eighty feet in height. No dwelling  shall exceed sixty-five feet or five stories in height.

Section 4.   Manufacturing Districts.    In a manufacturing district.

(a)    No building shall 'be erected, altered or used tor any of the following specified trades, industries or uses;

(1)    Ammonia, bleaching powder or chlorine manufacture or refining;            '

(2)    Asphalt manufacture or refining;

(3)    Blacking or polish manufacture;

(4)    Blast furnace;

(5)    Boiler works;

(6)    Candle or sperm oil manufacture;

(7)    Cement, gypsum, lime or plaster of paris manufacture;

(8)    Coke manufacture;

(9)    Creosote manufacture or treatment;

(10)    Dextrin, glucose or starch manufacture;

(11)    Disinfectant   or   insecticide   manufacture;

(12) Distillation of bones, coal or wood or manufacture of any of their -by-products;

(13)    Dye manufacture;

(14) Explosives or -ftreworks manufacture, or storage in excess of five hundred -pounds;

(15) Fat, grease, lard or tallow manufacture, refining or rendering;

(16)    Fertilizer manufacture;

(17) Gas (fuel or illuminating) manufacture in excess of one thousand cuibic feet per day or storage in excess of ten thousand cubic feet;

(18)    -Gelatin,  glue or size manufacture;

(19) Hydrochloric, nitric,, picric, sulphuric or sulphurous acid manufacture;

(2-0)    Hair   manufacture;

(21)    Hot rolling mill;

(22) Incineration or cremation, -or reduction of dead animals, garbage offal or refuse unless ac-oumulated and •consumed on the same premises without -the emission of odor;

(23)      Lamp Black manufaoture;

(24)            Linoleum  or  oilcloth   manufacture;

(25)      Match manufacture;

(26)      Metal or ore reduction or smelting;

(27)      Oil, paint, shellac,  turpentine or varnish manufacture.

(28)            Petroleum or other Iniflamlmatole liquids; production or refining.

(29)      Potash  manufacture  or  refining;

(30)      Printing ink manufacture;

(31) Pyroxylin manufacture, manufacture of articles thereof, or storage in excess of five 'hundred pounds unless in a vault approved by the State Department of Public Safety;

(32)   Rubber manufacture from crude material;

(33)    Salt, >soda or soda -compounds manufacture;

(34)    Stock-yards  or  'packing   plant;

(35)    Tanning, curing or storage of raw hides or skins;

(36)    Tar distillation or manufacture;

(37)    Tar roofing or waterproofing manufacture;

(38)    Wool  pulling or  scouring;

(39) Any other trade, industry of use that is injurious, noxious or offensive to a neighborhood by reason of odors, flumes, dust, smoke, vibration or noise, but not including places of amusement.

(b) Setbacks and yards shall be as presented in Section 3 for business districts.

(c) No part of a building shall exceed in height tihe distance from its face to the opposite side of the street. No building shall exceed one hundred feet in height. No dwelling shall exceed forty feet or three stories in height.

 

Section 5. Heavy Industry Districts. In a heavy industry district.

(a) Buildings may be used for any purposes not prohibited by law, ordinance or regulation.

(b) Set-backs, yards and heights shall toe as prescribed In Section 4 for manufacturing districts.

 

 

Section 6.    Non-Conforming Buildings and Uses.

(a) Any lawful use of a building or part thereof -existing at the time of the adoption of this Ordinance may be continued although such use does not conform to the above provision hereof, and any existing building Intended, designed or devoted to su«(h us« may foe 'struc'turalTy altered and the use therein changed to any use not more detrimental to the character of the district in which it is situated, provided such building is not enlarged more than twenty per cent in volume and as not altered during its life to an extent exceeding fifty per cent of its assessed value.

b) Nothing herein shall prevent the substantial restoration of a building wihich has been damaged toy fire, explosion, flood, riot, action of the public enemy or accident of any kind to an extent that the estimated cost of such restoration does not exceed seventy-five per cent of its fair valuation Immediately prior to such damage.

In accordance with the provisions of Chapter 40 of the 'General Laws, the City Council shall act as The Board of Appeals, and shall have the power to order the issuance of a permit for the further extension of any building or use upon the same lot or lots adjacent thereto, provided, such extension will not Ibe injurious, noxious or offensive to the neighborhood; for the substantial restoration or reconstruction of a non-conforming building damaged 'by fire, explosion, flood, riot, act of the 'public enemy or accident of any kind to an extent that the estimated cost of such restoration exceeds seventy-five per cent of the value immediately iprior to such damage and grant a permit for the- continuation of a non-conforming use existing in a building so damaged immediately prior thereto; or for a temporary building incidental to the developing of a neighiborhood, such permit to .be not for more than two years, and only upon application accompanied by a bond and bill of sale to the city, effective in case the building ds not removed prior to the expiration of the permit. Such permits may .be ordered renewed by the Board for successive periods of not more than two years each.

(c) .Nothing 'herein shall require any change in plans, construction or intended use of a .building for which an unexpired permit has heretofore been issued, and the construction of which shall toe .completed according to such permit within one year from the date this Ordinance goes into effect.

 

Section 7.   Enforcement.

(a)    The Inspector of Buildings shall enforce this Ordinance in manner and with'powers similar to those practiced or provided under Chapter XV of the Revised Ordinances. Upon any well founded information 'in writing from any person aggrieved that theprovisions of this Ordinance are being violated or upon 'his OTTO initiative 'the Inspector of Buildings shall immediately take steps to enforce such provisions. No permit shall he issued for the erection, alteration or moving of any building or part thereof, plans and intended use for whidh are not in all respect in 'Conformity with the provisions of this Ordinance.

 b) It shall be unlawful to use or permit the use ol any building or >part thereof thereafter    erected or altered or the open spaces of which are in any way reduced, until the Inspector of Buildings shall have certified on the building permit, or, in case no building permit is issued, shall have issued a certificate oif occupancy to the effect that the building or part thereof so erected or altered, tlhe proposed use thereof and the open spaces thereof conform to the provisions of this Ordinance.

(c) The Chief of the Fire Department shall refer to the Inspector of Buildings all violations of this Ordinance that are discovered in the course of Inspections by his department or otherwise.

(d) The jurisdiction of courts in equity and at law and penalties for violating any of 'the provisions of this Ordinance shall be as provided for violations of Chapter XV of the Revised Ordinances.

 

 

Section 8.   Application, Validity.

(a) This Ordinance shall not interfere with or annul any Ordinance rule, regulation or permit, provided that, unless specifically excepted, where this Ordinance is more stringent it shall control.

(b) Nothing herein shall prevent the restoration of a wall declared unsafe by the Inspector of Buildings nor the erection of iron fire escapes on any building existing at the time this Ordinance goes into effect.

(c) The invalidity of any section or provision of this Ordinance shall not invalidate any other section or provision hereof.

Section 9. Amendments. It shall he the duty of the Planning Board upon petition signed (by the owners of fifty per cent in assessed valuation of the .property contained in any given districts or in any part thereof containing not less than two acres, or upon its own initiative from -time to time, to hold a public 'hearing,

thirty days published notice of Tvihidh shall be given, for the consideration of amendments altering the boundaries of any district hereby established, or the regulations hereby applied to the same, and 'thereupon to su'bmit to the City Council for action its recommendations in regard to the (Same.

Section 10. When Effective. This Ordinance shall take effect on its .passage and publication.

Section 11. The district .between the railroad crossing at Abbott street and extending to Warren avenue and North Warren street on Pleasant street is hereby included within the residential district.

The map showing the division of districts in colors is available for examination at the office of the City Clerk.