REVISED

ZONING ORDINANCES

Of  the

CITY OF WOBURN

MASSACHUSETTS

1970 +

 

 

These the Zoning Ordinances as adopted on April 7, 1970, and subsequently amended through the 1980’s, until a complete re-write of zoning was made in 1985. Click on the map to enlarge via PDF.. All amendmments are shown, dated,  and explained throughout this document.  The original Ordinace was prepared by City Clerk John J. Ryan Jr.

This file was created, in June 2005,  by scanning in the original map and manual supplied by the City Clerk and the Engineering Office. The work was done by  the Woburn Historical Commission, using software donated by Walt Kearney of :

 

 

 

 

 

 

 


REVISED ZONING ORDINANCE

WOBURN, MASSACHUSETTS

1970

 

ZONING ORDINANCE

 

AN ORDINANCE REGULATING AND RESTRICTING THE HEIGHT, NUMBER OF STORIES, SIZE AND BULK OF BUILDINGS AND OTHER STRUCTURES:  THE SIZE OF YARDS, COURTS AND OTHER OPEN SPACES:  THE DENSITY OF POPULATION AND THE LOCATION AND USE OF BUILDINGS, STRUCTURES AND LAND FOR TRADE, INDUSTRY, RESIDENCE OR OTHER PURPOSES:  AND FOR ANY OR ALL OF SAID PURPOSES DIVIDING THE CITY OF WOBURN, MASSACHUSETTS INTO DISTRICTS.

 

BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF WOBURN, pursuant to Chapter 40A, amended to Chapter 808, Acts of 1975, of the General Laws of the Commonwealth of Massachusetts and as amended as follows:

 

ARTICLE I.  TITLE - PURPOSE

Section 1.00 - Short Title

 

This Ordinance shall be known and may be cited as the "Zoning Ordinance of the City of Woburn, Massachusetts," referred to herein as "this Ordinance".

 

Section 1.01- Purpose

 

This Ordinance is made in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fires, panic, and other dangers? to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. It is made with reasonable consideration to the character of the various districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City, and to give direction or effect to land development policies and proposals of the Planning Board.

ARTICLE II.  ZONING DISTRICTS

 

Section 2.00 - Division into Districts

 

The City of Woburn, Massachusetts is hereby divided into ten Zoning Districts to be designated as follows:

 

Full Name

Class

Short Name

One Family

Residential

R-l

One and Two Family

Residential

R-2

Garden Apartment

Residential

R-3

Apartment

Residential

R-4

Neighborhood

Business

B-l

Auto-Service

Business

B-2

City Center

Business

B-3

General

Industrial

1-1

Limited

Industrial

1-2

Apartment/Office

Mixed Use

S-l

 


The R-l district from Hudson Street to the Winchester line was retained AS IS with the following stipulation: All present businesses which will become nonconforming will be allowed to continue.  In a case of disaster, the 25 percent restriction now imposed under the 1962 Ordinances for "rebuilding of a nonconforming structure in case of fire, etc." will be raised to 50 percent and said owner or occupants of these nonconforming businesses can obtain permission to rebuild by a vote of the City Council. This rule change will be prevalent at any other location in the City deemed necessary or proper by the City Council.

 

The R-3 area, in the vicinity of Pento Road, Mill Street, bounded on the

west by Route 93 was rejected and rezoned as R-2.

 

The R-4 district, from Locust Street to the Burlington line along Cambridge Road both on the easterly and westerly side was changed to R-3.

 

The I-2 area, in the Atlantic Gelatin location was changed to an I-1 area, and a height restriction of 50 ft. was changed to 80 ft. in all I-1 area.

 

The uses permitted within each of the abovementioned districts, and the applicable requirements as to height, area, yards, and bulk of buildings permitted, are shown in Sections 4.03 and 5.01 which use the Short Names for each district.

 

Section 2.01 - Superimposed Zoning Districts

A flood plain zoning district and an Inland Wetland and Watershed Protection District are considered to be superimposed over the other districts shown on the Zoning Map, as a recognition of the special conditions which exist in such areas. See Article IX for applicable regulations.

 

Section 2.02 - Zoning Map

The location and boundaries of the Zoning District are hereby established as shown on a map titled "Zoning Map of the City of Woburn, Massachusetts", dated April 7, 1970, which accompanies and is hereby declared to be a part of this Ordinance.  The authenticity of the Zoning Map shall be identified by the signature of the City Clerk, and the imprinted seal of the City under the following words: "This is to certify that this is part of the Zoning Map of the City of Woburn, Massachusetts referred to in Zoning Ordinance of the City of Woburn, Massachusetts, which was adopted by the City Council on April 7, 1970. Any change in the location of boundaries of a Zoning District hereafter made through the amendments of this ordinance shall be indicated by the alteration of such map, and the map thus altered is declared to be part of the Ordinance thus amended. The Zoning Map shall be drawn at a large scale with ink on stable material and shall be located in the Office of the Building Inspector. Photographic reductions of this large scale zoning map may serve as copies of the Zoning Map.


Section 2.03 - Boundaries of Districts

 

Where any uncertainty exists with respect to the boundary of any district as shown on the Zoning Map, the following rules apply:

1.     Where a boundary is indicated as a highway, street, alley, rail­road, watercourse, or other body of water, it shall be construed to be the centerline or middle thereof, or where such boundary approximates a city boundary then to the limits of the-city boundary.

 

2. Where a boundary is indicated as following approximately or parallel to a highway, a street, alley, railroad, watercourse, or other body of water, it shall be construed to be parallel thereto and at such distance therefrom as shown on the Zoning Map. If no dimension is given, such distance shall be determined by the use of the scale shown on the Zoning Map.

 

3.Where a dimensioned boundary coincides within 10 ft. or less with a lot line, the boundary shall be construed to be the lot line.

 

4. The boundary limits of the Flood Plain Zoning District are

determined by the 100-year surface elevations shown on the Woburn Flood Insurance Rate Map (FIRM) dated July 2, 1980, as zones A, Al-30 and further defined by the Flood Profiles contained in the Flood Insurance Study dated January 1980 and on the Flood Boundary and Floodway Maps dated July 2, 1980. These maps and the study are incorporated herein by reference and are on file with the City Clerk, Planning Board", Building Inspector, Cith Engineer, and Conservation Commission.

Within Zone A, where the 100-year flood elevation is not provided on the FIRM the developer/applicant shall obtain any existing flood elevation data and it shall be reviewed by the City Engineer. If the elevation data is sufficiently detailed and accurate, it shall be relied upon to require compliance with this Ordinance and the State Building Code.

 

5. Within the Inland Wetland and Watershed Protection District, the boundary of the wetlands are described by elevations on the zoning map; the Inland Wetland and Watershed Protection District also includes the land which lies 25 feet from the banks of a stream on both sides of the stream. The boundary limits of wet soils are determined by the use of the scale shown on the zoning map.

 

If simple scaling can not ascertain whether or not the parcel of land in question falls within the wet soil area, the Building Inspector will determine by field inspection the location of the parcel with respect to the district. For the purpose of such inspection, the Building Inspector shall seek the advise of qualified personnel of the Planning Board, City Engineer, and Conservation Commission and such advise shall become part of the record. Whenever there is a conflict in interpretation, the City Engineer’s determination shall prevail.

 

(Section 2.03, Par. 4 amended 9-29-80, Par. 5 added by amendment 9-29-80)

 

 

ARTICLE III - INTERPRETATION AND APPLICATION

 

Section 3.00 – Interpretation

 

The provisions of this Ordinance shall be interpreted to be the minimum require­ments adopted for the promotion of the health, safety, morals, or the general welfare of the City of Woburn, Massachusetts, and except for the Zoning Ordinance adopted by the City Council on August 20, 1962 and all subsequent amendments thereto, the provisions of this Ordinance are not intended to repeal, amend, abrogate, annul, or in any way impair or interfere with any lawfully adopted ordinance, covenants, regulations, or rules. Whenever the regulations made under the authority hereof differ from those prescribed by any statute, ordinance, or other regulation, that provision which imposes the greater restriction or the higher standard shall govern.   

 

Section 3.01 - Application .

 

Except as herein provided, the provisions of this Ordinance shall apply to the following: The erection, construction, reconstruction, moving, relocation, conversion, alteration, or use of buildings, structures, or lots.


 

ARTICLE IV - USE REGULATIONS

 

Section 4.00 - Applicability of Regulation

 

Except as provided by law or in this Ordinance in each district no building, structure, or land shall be used or occupied except for the purposes permitted in the district in the section of this Article applicable thereto.

 

Section 4.01 - Permitted Uses

 

In Section 4.03, 'Table of Use Regulations",  the uses permitted by right in the district shall be designated by the letter (X). Those uses that require a permit by special permission in the district, in accordance with Section 10.08, shall be designated by the letter (P). Uses designated (-)  shall not be permitted in the district.

 

Section 4.02 - Uses Subject to Other Regulations (Chapter 40A, Section 4;

Amend Chap. 808, Acts of 1975)

 

Uses permitted by right or by special permit or exception shall be subject, in addition to use regulations, to such regulations of height, area, yard, set­back, lot size, and area, lot width,  floor area ratio, provisions for off-street parking, and loading, and all other provisions of this Ordinance, and any more restrictions the Council may prescribe.

 

Section 4.03 (See Next Page)

 

Section 4.04 - Use Regulations - Carnival and/or Travelling Enterprise (Sec. 4.04 & first sentence of said section - app. 2/21/74)

 

No carnival and/or travelling enterprise offering amusements and/or games or con­tests of chance and/or any travelling or temporary organized program of enter­tainment or exhibition shall be permitted in any zoning district in the City of Woburn without a special permit granted by the City Council of Woburn.  The number of carnivals in a year from January 1st to December 31st shall not to exceed three. Said carnival operation shall not exceed five days or nights and shall cease to operate on the Lord's Day. Hours of operation shall be confined from 11:30 a.m. to 11:30 p.m. and provided that

there shall be no more than one carnival per ward. (approved 4/5/79)

SECTION 4.03 Table of Use Regulations

 

For Each Of the Zoning Districts, uses permitted by right are designated by an “X”, those uses that require a permit by Special Permit are designated by a “P”, and those which are not permitted are designated by an “-“

 

RESIDENTIAL USES

 

 

RESIDENTIAL

 

BUSINESS

 

INDUSTRIAL

 

SPECIAL

 

R1

R2

R3

R4

 

B1

B2

B3

 

I1

    I2

 

          S1

1. Detached One family dwelling

X

X

X

X

 

-

-

-

 

-

-

 

X

 

 

 

 

 

 

 

 

2. Detached Two family dwelling (provided the exterior architectural appearance is that of a single family dwelling)

-

P

P

P

 

-

-

-

 

-

-

 

P

 

 

 

 

 

 

 

 

3. Attached Dwellings, not more than one family between side and party walls.

* (“P” changed to a “-“ under R-2 on 5-18-73)

-

-*

P

P

 

-

-

-

 

-

-

 

P

 

 

 

 

 

 

 

 

4. Multi-family dwellings other than those listed above

-

-

P

P

 

P

-

P

 

-

-

 

P

 

 

 

 

 

 

 

 

4A. Conversion of any building to condominiums shall require a Special Permit from the City Council. For purposes of new construction of condominiums, they shall be treated under these Zoning Ordinances as a "multi family" use and shall be governed by the requirements and conditions set forth for multi family uses. In considering an application for a Special Permit for conversion to condominiums, the City Council, may, as a condition of said permit, set a minimum length of time which must pass before any unit can be converted, provided that time set may not exceed one year. (new item - added 9-29-80)

-

P

P

P

 

-

-

-

 

-

-

 

P

 

 

 

 

 

 

 

 

5. Dwellings, in a structure also used for commercial purposes.

*("X" to "P" under B-3 - 11-29-81)

-

-

-

-

 

-

-

P*

 

-

-

 

X

 

 

 

 

 

 

 

 

6. Rooming, Lodging, and boarding house ("X" to "P" under B1,B3,S1 - 9-6-74)

-

-

-

-

 

P

-

P

 

-

-

 

P

 

 

 

 

 

 

 

 

6A. **Business establishments, referred to as golf courses, with dwellings known as and referred to as Country Clubs and accessory buildings needed for such business establishments

(1) Buffer zones shall be required between said property and abutting property and shall be set by the Permit Granting Authority when a Special Permit is granted

(2) Parking requirements shall be determined by the size of the acreage and layout so requested, but no parking spaces for vehicles shall be allowed within fifty (50) yards of any surrounding residential property. **Amended and approved 8-3-76

P

-

-

-

 

-

-

-

 

-

-

 

-

 

 

 

 

 

 

 

 

 


 

EDUCATION, INSTITUTION AND RECREATION  USES

 

 

RESIDENTIAL

 

BUSINESS

 

INDUSTRIAL

 

SPECIAL

 

R1

R2

R3

R4

 

B1

B2

B3

 

I1

    I2

 

S1

7. Church and church schools

X

X

X

X

 

X

X

X

 

X

X

 

X

 

 

 

 

 

 

 

 

8a. Elementary or secondary school (PUBLIC) ,including any recreational facilities connected therewith.

X

X

X

X

 

X

X

X

 

X

X

 

X


8b. Elementary or secondary school (PRIVATE) ,including any recreational facilities connected therewith.: subject to the following restrictions:

 

1.The activity is not conducted as a gainful business.

 

2. All noise,odors,glare,traffic,or any objectionable features usually associated with the conduct of the use be effectively screened, controlled,or otherwise so confined within the premises so as not to create any conditions which could be considered hazardous,or disturb­ing to the health,safety,welfare of population within the neighborhood

 

3.That any principal structure on the premises or any portion of the premises used for outdoor recreation,parking of automobiles,or similar uses in suppport of the principal uses thereon be located not less than 25' from any dwelling or from said boundaries of the premises on which the use is located, whichever is the greater.

X

X

X

-

 

-

-

-

 

-

-

 

-

 

 

 

 

 

 

 

 

9. Day nursery, subject to restriction 8b(2)&(3) above

P

P

P

P

 

X

-

X

 

-

-

 

X


SECTION 4.03 Table of Use Regulations (CONTINUED)

 

 

EDUCATION, INSTITUTION AND RECREATION  USES

10. Business and/or trade school, conducted as a gainful business, including dance studio,music school,and similar uses and subject to restriction in 26a (“-” to "P" under 1-1 - 6-8-79)

Provided that such gainful business uses may be allowed, as here indicated where there is an existing structure formerly used as a public school by the City of Woburn and that the lot upon which the structure is located abuts another zoning district other than residential and access for the site is only to and from. the non residential district to a public v;=?y or to a way to which the public has access.

-

-

-

-

 

X

X

X

 

P

P

 

P

 

 

 

 

 

 

 

 

11. Community center.adult recreation center and open recreation facilities but excluding private membership clubs.Subject to restriction 8b (2)&(3) above and 26a ("X" to "P" - 9/8/78)

P

P

P

P

 

P

P

P

 

-

-

 

P

 

 

 

 

 

 

 

 

12. Recreational facilities conducted as a gainful business including theaters. Subject to restriction       8b (2) & (3) above and 26a

*amendments to use 12 are:

word "theaters" added - 9/16/71

-

-

-

-

 

P

P

P

 

P

P

 

-

12a. Indoor and outdoor tennis facilities conducted as a gainful business. Subject to restriction 8b (2)&(3) above and 26a

*amendments to use 12a are:

"P" under I1 (tennis facilities) - 10/17/75

"P" under R-2 - 5/7/76

-

P

-

-

 

-

-

-

 

P

-

 

-


SECTION 4.03 Table of Use Regulations (CONTINUED)

 

 

EDUCATION, INSTITUTION AND RECREATION  USES

12b. Physical fitness training facilities limited to weight training and physical training apparatus conducted as a gainful business .Subject to restriction 8b (2)&(3) above and 26a. (This use shall not be con­strued to include massage parlors, sauna baths ,or the like. Any permit granted under this subsection shall be reviewed by the City Council annually and may be revoked by the City Council  

*amendments to use 12b are:

 "P" under 1-1 - 4/6/78

-

-

-

-

 

-

-

-

 

P

-

 

-

 

 

 

 

 

 

 

 

13. Private membership clubs organized under Mass. General Laws, C180 subject to restriction 8b (2)&(3) above (wording of section amended 12-9-79) and restriction 26a

-

-

-

-

 

X

X

X

 

X

X

 

X

14 General or special hospital including rehabilitation and extended

care facility, subject to restriction 8b (2)&(3) above

P

P

P

P

 

X

X

X

 

-

-

 

X

 

 

 

 

 

 

 

 

15. All clinics,special hospitals and/or similar institutions whether said facility is conducted as a gainful business or not wherein abortions are performed shall not be permitted (added - 12-21-73)

-

-

-

-

 

-

-

-

 

-

-

 

-


SECTION 4.03 Table of Use Regulations (CONTINUED)

 

 

RETAIL AND SERVICE  USES

 

RESIDENTIAL

 

BUSINESS

 

INDUSTRIAL

 

SPECIAL

 

R1

R2

R3

R4

 

B1

B2

B3

 

I1

    I2

 

          S1

15A. Hotel and Motel

-

-

-

-

 

-

-

P

 

X

X

 

-

 

 

 

 

 

 

 

 

16A. Retail establishments serving the convenience goods needs of a local area including but not limited to: grocery, delicatessen, supermarket, drug store, and similar uses.

up to 5,000 s.f. of floor area per establishment

-

-

-

-

 

X

X

X

 

P*

P

 

-

 

 

 

 

 

 

 

 

16B. Retail establishments serving the convenience goods needs of a local area including but not limited to: grocery, delicatessen, supermarket, drug store, and similar uses.

GREATER THAN 5,000 s.f. of floor area per establishment

-

-

-

-

 

-

-

X

 

P*

P

 

-

 

 

 

 

 

 

 

 

17. Other Retail Establishments

-

-

-

-

 

-

-

X

 

P*

P

 

-

 

 

 

 

 

 

 

 

18. Personal and consumer service establishments including but not limited to: barber & beauty shops, shoe repair, laundry or dry cleaning pick up agency, self -service laundromat and similar uses, SUBJECT TO RESTRICTION 26A

-

-

-

-

 

X

X

X

 

P*

P

 

-

 


SECTION 4.03 Table of Use Regulations (CONTINUED)

 

 

RETAIL AND SERVICE  USES

 

RESIDENTIAL

 

BUSINESS

 

INDUSTRIAL

 

SPECIAL

 

R1

R2

R3

R4

 

B1

B2

B3

 

I1

    I2

 

          S1

19 Consumer and business service and sales establishments including

but not limited to: repair or adjustments for apparel & appliances

subject to restriction 26a

-

-

-

-

 

-

X

X

 

P*

P

 

-

 

 

 

 

 

 

 

 

20. Other consumer and business service and sales distribution

establishments subject to restriction 26a.      

NOTE:

A up to 5,000 s.f. or floor area per establishment - subsection a & b

B exceeding 5,000 s.f. per establishment deleted - 9/5/80

-

-

-

-

 

-

X

X

 

P*

P

 

-

 

 

 

 

 

 

 

 

21. Establishments selling food for immediate consumption on the premises where all customers are served at a table or counter

-

-

-

-

 

X

X

X

 

X

X

 

-

 

 

 

 

 

 

 

 

22. Other eating and drinking establishments subject to restriction 26a.

-

-

-

-

 

P

P

P

 

P

P

 

-

 

 

 

 

 

 

 

 

23. Offices of licensed medical or dental practitioners limited to general out-patient care and diagnosis

-

-

-

-

 

X

X

X

 

-

-

 

X

 

 

 

 

 

 

 

 

*24. Business, Professional,General Offices including newspaper publishing .facilities subject to  2fia. *

-

-

-

-

 

X

X

X

 

X

X

 

X

SECTION 4.03 Table of Use Regulations (CONTINUED)

 

 

RETAIL AND SERVICE  USES

 

RESIDENTIAL

 

BUSINESS

 

INDUSTRIAL

 

SPECIAL

 

R1

R2

R3

R4

 

B1

B2

B3

 

I1

    I2

 

          S1

25. Conversion of a dwelling containing 2,000 s.f. of floor area at the time of passage of this ordinance for offices or institutional uses

-

-

-

-

 

X

X

X

 

X

X

 

X

 

 

 

 

 

 

 

 

26. Any business referred to or known as a car wash, coin operated or otherwise, shall require a Special Permit from the City Council, -(added by amendment 10-14-73)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

26A This use shall be construed to exclude massage parlors, business conducting massage, businesses, clubs, whether public or private which engage in conduct offensive to the general public or offend common decency (restriction added-12-9-79)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

*  "X" changed to "P" - items 16-20 - 12/23/75

** words "including newspaper publishing facilities"added by amendment –2/10/81

 


SECTION 4.03 Table of Use Regulations (CONTINUED)

 

INDUSTRIAL  USES

 

RESIDENTIAL

 

BUSINESS

 

INDUSTRIAL

 

SPECIAL

 

R1

R2

R3

R4

 

B1

B2

B3

 

I1

    I2

 

          S1

27 Manufacturing, research offices, and testing laboratories, including assembly fabrication processing, and reprocessing of materials provided:

A. .All resulting cinders, dust, flashing, fumes, gases, odors, refuse matter, smoke, vapor electro-magnetic transmission, or radioactive emission, shall be completely and effectively confined within the building, or so regulat­ed as to prevent any nuisance or hazard to the public health and safety.

B.That no noise, vibration, or other disturbance be perceptible without the use of instruments at either 300' from the boundary of the zone in which the use is located or 300' from the property line of the lot on which the use is located, whichever is the greater.

-

-

-

-

 

-

-

-

 

X

X

 

-

 

 

 

 

 

 

 

 

28. Warehouse & storage provided such warehouse or storage facility is used as an accessory to and is adjacent to a retail establishment in Bl or to wholesale establishment in 11-12 and wholesale establishments subject to provision of item 27 above.

A.Provided all goods are stored within a completely

enclosed structure, up to 5,000 sq. ft.

 

B.Without the restrictions specified in (a) above.

 

C.Warehouses, storage or any type of materials or goods stored for wholesale establishments greater than 25,000 Sq ft. wording revised and “C” added  10-7-80

 

 

 

 

 

-

-

-

-

 

 

-

-

-

-

 

-

-

-

-

 

 

 

 

 

 

 

 

-

X

-

 

 

-

-

-

 

-

-

-

 

 

 

 

 

 

X

X

 

 

X

X

 

P

P

 

 

 

 

 

 

-

 

 

-

 

-

SECTION 4.03 Table of Use Regulations (CONTINUED)

 

 

INDUSTRIAL  USES

 

RESIDENTIAL

 

BUSINESS

 

INDUSTRIAL

 

SPECIAL

 

R1

R2

R3

R4

 

B1

B2

B3

 

I1

    I2

 

          S1

29. Open or outside storage of new or used materials or building equipment, neatly stacked, including bulk materials provided:

 A.It shall be completely enclosed by means of solid fence or wall not less than 8 ft. in height with the exception of vehicle entrances and exits not to exceed 16 ft. in width

B.Further subject to conditions imposed under item 27.

-

-

-

-

 

-

-

-

 

X

P

 

-

 

 

 

 

 

 

 

 

30. Automobile and truck repair garage, excluding repair of heavy motorized equipment, or dismantling and storage of inoperative motor vehciles or material or equipment held only for discard or parts

-

-

-

-

 

P

X

-

 

P

P

 

-

 

 

 

 

 

 

 

 

31.Sale or rental of automobiles, trucks, truck trailers, boards, and motorcyles, including accessory facilities for the incidental repair and storage thereof.

A.All activities, including storage, shall be confined within a

completely enclosed structure, B.Without restrictions in (A) above.

 

 

 

-

-

-

-

 

 

-

-

-

-

 

 

 

 

-

P

-

 

 

-

P

-

 

 

 

 

P

-

 

 

-

-

 

 

 

 

-

 

 

-

 

 

 

 

 

 

 

 

32 Gasoline or automotive service stations. Subject to 8b(2).

-

-

-

-

 

P

P

P

 

P

P

 

-

 

 

 

SECTION 4.03 Table of Use Regulations (CONTINUED)

 

 

INDUSTRIAL  USES

 

RESIDENTIAL

 

BUSINESS

 

INDUSTRIAL

 

SPECIAL

 

R1

R2

R3

R4

 

B1

B2

B3

 

I1

    I2

 

          S1

33 Commercial parking garage or commercial parking lot. Subject to provisions of Article VII  ("x" to "P" under B1,B2,B3,I1,I2,S1 - 12-7-73)

-

-

-

-

 

P

P

P

 

P

P

 

P

 

 

 

 

 

 

 

 

34 Commercial parking area or parking lot for the temporary storage of automobiles of patrons and employees of establishments within a “B” district, provided the parking area is located not more than 150 ft. from the use it serves.

-

-

-

-

 

X

X

X

 

X

X

 

-

 

 

 

 

 

 

 

 

35 ResidentiaL Parking garage or parking area solely for the storage of cars of residents in nearby structures, when necessary to provide off street parking for such vehicles

-

P

X

X

 

X

X

X

 

 

 

 

X

X

 

 

 

 

          X

 

 

 

 

 

 

 

 

 

 

 

SECTION 4.03 Table of Use Regulations (CONTINUED)

 

COMMUNICATION, TRANSPORTATION AND PUBLIC UTLITY  USES:

 

 

RESIDENTIAL

 

BUSINESS

 

INDUSTRIAL

 

SPECIAL

 

R1

R2

R3

R4

 

B1

B2

B3

 

I1

    I2

 

          S1

36. Commercial, radio, or television transmission tower provided: Any portion of the structure shall be not less than 200 ft. from any residential structure

P

P

P

P

 

P

P

P

 

P

P

 

P

 

 

 

 

 

 

 

 

37 Bus, railroad passenger terminal

-

-

-

-

 

-

-

X

 

X

X

 

-

 

 

 

 

 

 

 

 

38 Rail terminals, including rail freight yards or freight terminals

-

-

-

-

 

-

-

P

 

P

P

 

-

 

 

 

 

 

 

 

 

39 Truck terminals, truck freight yards or freight terminals subject:

 A.Provided it can be shown by the applicant that traffic using the terminal facility obtain access directly by means of an arterial highway as designated in the Master Plan; and in no case that such traffic use any residential streets for access thereto

B.Provided that no structure or truck used in connection with such terminal facility be located or parked closer than 300 ft. from any existing residential structure.

 

 

-

-

-

-

 

 

 

 

-

-

-

-

 

 

 

-

-

-

 

 

 

 

-

-

-

 

 

 

P

P

 

 

 

 

P

P

 

 

 

-

 

 

 

 

-

 

 

 

 

 

 

 

 

40 Essential public services, subject to screening and/or buffer strips as specified in Section 5.09

X

X

X

X

 

X

X

X

 

X

X

 

X

 

 

 

 

 

 

 

 

41 Helicopter, rotary-wing aircraft, or gyroplane landing area

-

-

-

-

 

-

-

P

 

P

P

 

-

 

SECTION 4.03 Table of Use Regulations (CONTINUED)

 

HIGH HAZARD  USES:

 

 

RESIDENTIAL

 

BUSINESS

 

INDUSTRIAL

 

SPECIAL

 

R1

R2

R3

R4

 

B1

B2

B3

 

I1

    I2

 

          S1

42. Any high hazard use listed in the building Officials Conference of America (BOCA) code Provided, It shall not be located closer than 1500 ft to any “R” district.

-

-

-

-

 

-

-

-

 

-

P

 

-

 

 

 

 


SECTION 4.03 Table of Use Regulations (CONTINUED)

 

 

ACCESSORY  USES

43. Customary home occupation conducted as a gainful business

X

X

X

X

 

X

X

X

 

-

-

 

X

 

 

 

 

 

 

 

 

44. Accessory professional office in a dwelling by the resident occupant

X

X

X

X

 

X

X

X

 

-

-

 

X

 

 

 

 

 

 

 

 

45. Accessory building such as a private garage, playhouse, greenhouse, tool shed; private swimming pool

X

X

X

X

 

X

X

X

 

-

-

 

X

46. Accessory private garage for not more than the first dwelling unit and not more than one commercial vehicle for each dwelling unit provided on the lot.

X

X

X

X

 

X

X

X

 

-

-

 

X

 

 

 

 

 

 

 

 

46a Accessory storage of one trailer, one unregistered automobile or one boat, provided:

A.It shall either be stored within a principal or accessory building or not less than 50 ft. from any street line or within the side yard setbacks and it shall not be used for dwelling or sleeping purposes.

X

X

X

X

 

X

X

X

 

X

X

 

X

 

 

 

 

 

 

 

 

47 Accessory repair and storage facilities in any retail

sales or consumer establishment provided:

A.It shall not occupy more than 25 percent of the gross floor area.

B.It shall not be located within 15 ft. of any street lot line unless separated by a solid wall.

-

-

-

-

 

X

X

X

 

-

-

 

-

 

 


SECTION 4.03 Table of Use Regulations (CONTINUED)

 

 

ACCESSORY  USES

 

48. Accessory outside storage necessary to the operation and conduct of a permitted principal industrial and/or commercial use. Subject to restriction 29 (a)(b)

-

-

-

-

 

X

X

X

 

X

X

 

-

 

 

 

 

 

 

 

 

50. Accessory retail or consumer service uses in an apartment dwelling, hotel, motel, office industrial building or hospital provided:

A.All activities are located on the first or basement floor levels. Such uses shall not aggregate more than 5,000 s.f.

B.All materials, goods, activities & signs in connection with said uses shall be confined completely within the building and not visible from the outside. ("X" to "P" under 1-1 and 1-2 - 9-5-80)__

-

-

-

X

 

X

X

X

 

P

P

 

X

 

 

 

 

 

 

 

 

51. The renting of not more than 2 rooms to not more than 2 persons not within the second degree of kinship, and without  separate cooking facilities, within a dwelling unit, accord­ing to Article II, State Sanitary Code.

-

-

-

-

 

-

-

X

 

-

-

 

X

 

 

 

 

 

 

 

 

52 Accessory off street parking and loading facilities as required in Article VII

X

X

X

X

 

X

X

X

 

X

X

 

X

53. Any coin operated gaming or recreational or entertainment machine, whether located in a private or public building ( item added  amendment - 12-17-81)

P

P

P

P

 

P

P

P

 

P

P

 

P

 


Section 5.00 - Table of Height, Area, and Bulk Regulations

 

Distr

Use

Min Lot

Sq   ft

Min St Front

In feet

Min Yard Setbacks

In feet

Min usable landscape  %

Max Permitted

 

 

 

 

front

side

rear

 

Height in ft

Height stories

Building Ground Cover

 

 

 

 

 

 

 

R-1

Any Structure Permitted

15,000

125

25

25

30

20%

35

2.5

25

 

 

 

 

 

 

 

R-1

Single dwelling

15,000

125

25

12

30

50%

35

2.5

25

 

 

 

 

 

 

 

R-2

One & two family detached dwellings (note K - Sec 5.01)

12,000

100

25

20

30

50%

35

2.5

25

 

 

 

 

 

 

 

R-2

Other structure  or principle use

15,000

125

25

20

30

20%

35

2.5

25

 

 

 

 

 

 

 

R-3

Garden Apartments 1st unit ea. add.

12,000 3,000

100

25

25 note A sec 5.01

30

40%

35

2.5

40

 

 

 

 

 

 

 

R-3

Other structure  or principle use

12,000

100

25

25

30

20%

35

2.5

50

 

 

 

 

 

 

 

R-4

Apartments 1st unit ea additional unit

12,000 3,000

100

25

25 note B sec 5.01

30

20%

80

10

40

 


Section 5.00 - Table of Height, Area, and Bulk Regulations (CONTINUED)

 

Distr

Use

Min Lot

Sq   ft

Min St Front

In feet

Min Yard Setbacks

In feet

Min usable landscape  %

Max Permitted

 

 

 

 

front

side

rear

 

Height in ft

Height stories

Building Ground Cover

 

 

 

 

 

 

 

R-4

Other structure  or principle use

12,000

100

25

20

30

20%

80

10

50

 

 

 

 

 

 

 

S-1

Apartments 1st unit ea additional unit

12,000 2,500

100

25

25 note B sec 5.01

30

20%

80

*35

10

50

 

 

 

 

 

 

 

S-1

Professional, Office or other building

12,000

125

25

25

30

20%

80

*35

10

50

 

 

 

 

 

 

 

B-1

Any allowable structure or principle use

12,000

125

25

25

15

5%

35

2.5

33

 

 

 

 

 

 

 

B-2

Any allowable structure or principle use

12,000

125

25

25

15

5%

35

2.5

33

 

 

 

 

 

 

 

B-3

Any allowable structure or principle use

NONE

50***

0

0

15

0%

80**

10

100

*    Main Street, north of Woburn Square, Wards 3, 4,

**  35 feet along Main Street from High Street south

       (Above table amended 5/18/73 and further amend amended (8/10/77)

*** added by amendment 11/29/81


Section 5.00 - Table of Height, Area, and Bulk Regulations (CONTINUED)

 

Distr

Use

Min Lot

Sq   ft

Min St Front

In feet

Min Yard Setbacks

In feet

Min usable landscape  %

Max Permitted

 

 

 

 

front

side

rear

 

Height in ft

Height stories

Building Ground Cover

 

 

 

 

 

 

 

I-2

Any allowable structure or principle use

10,000

100

20

20

20

10%

35

3

50

 

 

 

 

 

 

 

I-1

Any allowable structure or principle use

12,000 SEE SEC 501.M

100

25

25

25

10%

80

7

50

 

 


ARTICLE V.  HEIGHT, AREA, AND BULK REGULATIONS

 

Section 5.00

 

The regulations for each district pertaining to minimum lot size, minimum lot area per dwelling unit, minimum lot width, maximum height of buildings, maximum floor area ratio, minimum usable open space per dwelling unit, minimum front yard depth, minimum side yard width, minimum rear yard depth, shall be specified in this section and set forth in the Table of Height, Area, and Bulk Regulations, and subject to the further provisions of this Article.

(See Next Page for Table of Height, Area, and Bulk Regulations)

 

Section 5.01 - Notes - Pertaining to Bulk and Use Tables

A. A 25-foot side yard is required along the side lot only at the end of each row or block of attached dwellings.

B. One foot setback to each foot in height of a building from side and rear yards of buildings over 2 1/2 stories or 35 feet in height.

C. The mean finished grade contiguous to the building shall be used deter­mining the height of the building.

D. No portion of the open area of the lot used for off-street parking and/ or loading may be used in meeting the usable open space requirements.

E. Where balconies and/or patios are provided for each dwelling, one-half of the total area of such balconies and/or patios may be used in reducing the usable open space requirements specified herein.

F. Pools, tool sheds, garages, and accessory buildings in any District may be set within 4 feet of the rear lot line.

G. All two-family detached dwellings or single family to be converted into two family in any district must have the appearance of a single family dwelling and the plans must be approved by the Planning Board.

H. All proposed buildings or structures exceeding the maximum restrictions set forth in the Table of Height, Area, and Bulk Regulations, Section 5.01, shall require a special permit by the City Council.

I. Dwellings in B-l and B-2 Districts shall meet the yard and usable open space requirements as specified in an R-3 District.(amendment 5-18-73)

J. Garages under Section 30 shall repair vehicles registered to the property owner or legal tenant only.

K. In R-2 Districts, side yard setbacks for single dwellings shall be 12 ft.

L. All plans for the construction, addition to or exterior alterations, of buildings or structures, other than single or two-family dwellings shall be submitted to the Planning Board for approval, regarding the archi­tectural style of such construction. The plans shall be reviewed by the  _ Planning Board prior to the issuance of the building permit.  Any archi­tectural suggestions to the petitioner by the Planning Board shall be considered as only advisory.   (approved 12-24-71)

M. All buildings or structures proposed, whether new construction or additions to existing buildings or structures, shall require a special permit from the city Council if, as proposed, the building or structure would exceed 15,000 sq.ft.  (approved 6/21/84)

 

Section 5.02 - Height Regulations

 

Any maximum height permitted in this Ordinance shall be further subject to the restrictions of the Building Code of the City of Woburn and shall not apply to:

1.        Community facility and public utility structures, provided: the side and rear yards or setbacks required in the District for the highest permitted principal structure shall be increased 2 feet in width for each foot by which the height of such structure exceeds the height permitted in the district.

 

2.        Necessary appurtenant structures, such as church spire, belfry, cupola, dome, smokestack, monument, derrick, conveyor, flag pole, radio or television tower, mast, antenna, aerial, airplane hangar, roof tank, building service equipment, roof structure other than a penthouse, or chimney or parapet wall,*or any similar appurtenances pro­vided:  any such structure shall set back from the vertical plane of the required setback building line 1 foot horizontally for each 2 feet of extra height.

 

3.        Special industrial structures such as a cooling tower, grain elevator, sugar refinery, gasholder or other similar structure where the industrial process requires a greater height, provided: any such structure shall not occupy more than 20 percent of the lot area; and shall not be less than 50 feet from any lot line.

 

 

 

Section 5.03 -Lot Size Reduction

 

Any conforming lot or open space on the lot (yards, setbacks, courts, usable open space) shall not be reduced in size or separated in ownership, if by such action, it shall become nonconforming nor shall a nonconforming lot be reduced in any way.

 

Section 5.04 - Corner Lot Yards

 

A corner lot shall have minimum street yard depths which shall be the same as the required front yard depths for the adjoining lots.

 

Section 5.05 - Side Yard Used as Driveway

 

A side yard which is used or intended to be used for driveway shall have a mini­mum width of 12 feet.

 

Section 5.06 - Through Lot Yards

At each end of a through lot, there shall be required a front yard or setback of the depth required for the district in which each street frontage is located.

Section 5.07 - Planned Unit Developments (PUD) (Amended and approved 6/23/78)  

 

"Planned Unit Developments" referred to as PUD means a mixed use development in which a mixture of residential, open space, commercial, industrial, or other uses and a variety of building types are determined to be sufficiently advantageous to render it  appropriate to grant special permission to depart from the normal requirements of the district to the extent authorized by the ordinance or by-law.

1. PUD is a mixed use development on a plot of land containing a minimum of five acres.

2.  In PUD, the minimum distance between the walls of such principal buildings which contain windows shall be twice, the minimum side yard or side setback required in the district.

3. The minimum lot area required per each individual dwelling unit building, or other unit of use shall be multiplied by the number of such units to obtain the minimum lot area required for the total tract of land. Other area regulations shall apply to the tract as a whole.

4. The roadway(s) shall be laid out in accordance with the Planning Board Subdivision Rules and Regulations.

5.All Planned Unit Developments shall require a Special Permit from the City Council and review by the Planning Board.

 

Section 5.08 - Projections Into Required Open Spaces

 

Projections into required yards, or other required open spaces are permitted subject to the following:

1. Balcony or bay window, not more than 6 feet.

2. Open terrace, or steps or stoop under 4 ft. in height up to one-half the required yard setback.

3. Steps or stoop over 4 ft. in height, window sill, belt course, chimney, roof eave "~n fire escape,fire tower, storm enclosures, or similar architectural features not more than 4 ft. 12/6/83

 

Section 5.09 - Buffer Zone - "S", "B" and "I" Districts (amended 1/10/77, 5/17/81, 8/13/82)

 

1. Along each boundary of an "S" or "B" district which adjoins any "R" district in the City of Woburn there shall be a buffer zone of twenty (20) ft. in addition to the minimum side and rear yard setbacks.

2. Along each boundary of an "I" district which adjoins any "R" district in the City of Woburn there shall be a buffer zone of seventy (70) ft. in addition to the minimum side and rear yard setbacks.

3.  The buffer zones required by this Section 5.09 shall, except to the extent otherwise provided below in this Subsection 3, extend from the zoning district boundary line into the "SH, "B" or "I" district, as the case may be.  If the boundary line between an "I" district and an "R" district falls within or along a Road (as defined below) which is located either in the "R" district or in both the "R" district and the "I" district, that portion of any such Road in the "R" district from the centerline of the Road to the zoning district boundary line shall be included to meet this seventy (70) ft. buffer zone require­ment. .For purposes of this Section 5.09 Road means any road, street, highway or other public way or way devoted to public use including the untravelled portion of any layout for any such road, street, highway or other way, but shall not include a "paper" street.

4.        The buffer zones required by this Section 5.09 may be used for the following purposes:

A. To calculate the "Minimum Landscaped Usable Open Space" percentages in Section 5.0G to the extent that the portion of the buffer zone so used conforms to the defini­tion of "Usable Open Space" in this Ordinance;

B. For outdoor parking and/or loading spaces used by the owners, tenants or occupants of the lot on which the buffer zone is located or by their customers, patrons, employees or invitees, subject to the requirements of Article VII of this Ordinance

C. For outdoor storage of new and/or used materials, supplies, equipment, goods or inventory, subject to the enclosure requirements of Item 29(a) of Section 4.03 of this Ordinance, except that a dense screen of evergreen plantings not less than four (4) ft. in height may be substituted for the required solid wall or fence

 

5.        This buffer zone shall contain a screen of plantings in the center of the strip or, in the case of a buffer zone  between an "I" and an "R" district, at least ten (10) ft. from the edge of the buffer zone on the residential side, or in the case of a buffer  zone between "I" and "R" district involving a zoning boundary line which falls on or along a Road, at least ten (10) ft. from the edge of the Road. Such screen of plantings shall be not less than 3 ft. in width and 6 ft. in height at the time of occupancy of such lot. Individual bushes or trees shall be planted not more than 3 ft. on center, and shall thereafter be maintained by the owner or occupants so as to maintain a dense screen year round. At least 80% of the plantings shall consist of evergreens. A solid wall or fence, not to exceed 6 ft. in height, may be added to such landscaped buffer strip if required by Building Inspector or Planning Board or Board of Appeals or City Council.

 

Section 5.10 - Buildings in Floodway*                       *(Section 5.10 deleted by amend. 9/29/80)

A building shall not be erected in a floodway or any area subject to periodic flooding unless the basement floor elevation is higher than the highest flood recorded, unless such flood elevation shall have been reduced by construction of dams at headwaters, or by other means.

 

 

 

 

 Section 5.11 - Accessory Buildings

In residence zones, a detached accessory building shall conform to the following provi­sions: it shall not occupy more than 25% of the required rear yard; it shall not be less than 25 ft. from the front street line, nor less than 12 ft. from any lot line, nor less than 4 ft. from any rear lot line or from any principal building; and it shall not ex­ceed 20 ft. in height.

 

Section 5.12 - Exterior Stairway or Fire Escape

When an existing building is converted to a greater number of dwelling units, no exterior stairway or fire escape shall be located on a front wall or side wall facing a street.

 

Section 5.13 - Exception to Front Yard Requirements

In any "R" District, where either or both principal buildings alongside either an occu­pied or vacant lot have front yards, which are less than that required in the district, any new or altered building may be built with a front yard which is the average of the depths of the adjacent front yards provided: the width of the occupied or vacant lot shall be less than two times the minimum lot width required in the district and both adjacent buildings shall have been in existence at the effective date of this Ordinance.

 

Section S.14 - Enclosure on Corner Lot

A fence, hedge, wall, or other enclosure may be maintained on a corner lot, provided: it shall not obstruct visual clearance at intersecting streets by being between 2 1/2 ft. and 10 ft. above the grade within the triangular area formed by the intersection of the lot lines and a straight line joining said curb lines at points which are 35 ft. distant from point of intersection of said lot lines.

 

Section 5.15 - Cluster Zoning      (Amended and Approved 6/23/78)

"Cluster development" means a residential development in which the buildings and acces­sory uses are clustered together into one or more groups separated from adjacent property and other groups within the development by intervening open land and containing not less than five acres.

1. The maximum number of lots shall not exceed that number obtained by dividing 90% of the total area of the tract by the existing minimum lot area specified by the District in which the subdivision is located.

2.  No lot of less than one acre shall be permitted unless connection is made to the Woburn Sewer System.

3.In the R-l zone, no lot shall contain less than 10,000 sq. ft. and not less than—n 80 ft. street frontage.  In the R-2 zone, no lot shall contain less than 8,500 sq. ft. and not less than 80 ft. street frontage.  All other requirements governing yards, setbacks, height, and coverage of buildings shall conform with those requirements specified for an R-2 district.

4. All roadway(s) shall be laid out in accordance with the Planning Board Subdivision Rules and Regulations.

5. All Cluster Developments shall require a Special Permit from the City Council and reviewed by the Planning Board.

6.        The open land shall be either conveyed to the City and accepted by it for part or open space use, or be conveyed to a non-profit organization the principal purpose of which is the conservation of open space, or to be conveyed to a corporation or trust owned or to be owned by the owners of lots or residential units within the plot.  (If such a corporation or trust is utilized, ownership thereof shall pass with conveyances of the lots or residential units.  In any case, where such land is not conveyed to the City a restriction enforceable by the City shall be recorded providing that such land shall be kept in an open or natural state and not be built for residential use or developed for accessory uses such as parking or roadway.)  See Chapter 40A, Section 9 (808).

 

Section 5.16 - Fences

1. No fence, wall, retaining wall, screen, or other method of separation shall be erected without a permit.

2. No fence shall be built or maintained within the street setback re­quirements or the setback of the existing building over 3 ft. high from the sidewalk or street level.

3. No fence shall be maintained over 3 ft. high within 35 feet of an intersecting street.

4. The maximum height of any fence is 6 ft. from the ground.

5. The smoothest and best appearing side of a fence must face the abutting land unless otherwise approved in writing by the fence viewer.

6. A fence that has been painted or refinished or otherwise decorated that is not kept up and properly maintained shall not be allowed to stand.

7. No color combinations or other unnecessary configurations will be used to attract unnecessary attention or in the opinion of the fence viewer would lower the value or disrupt the harmony of adjacent property.

8. No permit will be issued for a fence that does not reasonably conform to General Laws of Commonwealth of Massachusetts.

 

Section 5.17 - Swimming Pools

 

Permits will be required for all permanent pools with a depth exceeding 2 ft. with a surface covering more than 100 sq. ft. or portable pools exceeding 2 ft. depth with 200 sq. ft.

*Changed from 30 in. to 36 in. - Amended and Approved 8/11/75.

Commercial pools shall comply with the State Board of Health standards and residential pools shall comply with the minimum standards of "Swimming Pool Association of New England". The swimming pools (commercial and residential) shall have:

1. A structural design to meet and withstand all expected forces.

2. Protection against frost and freezing easily maintained.

3. Filter capable of filtering the entire contents in 18 hours.

4. Clarity of water at 8 ft. depth.

5. Gauges to show the need of cleaning.

6. Properly designated valves.

7. A filter sized in accordance with the manufacturing specs.

8. All piping and wiring installed in accordance with the State Codes and tested.

9. All equipment approved by A.G.A. and O.L. or other recognized testing agencies.

10. Fullway valves and full size piping.

11. Complete instructions with test kit for testing pool water and PH control  by owner.

12. Provided life lines at change in depth.

13. Life ring and pole hook etc., safety devices within view.

14. The edge of pool area protected by a 4 ft. high encloser not easily climbed with a self-closing and self-latching gate with latch located on inside of gate.

15. At no time shall any pool be left or maintained in such a manner that would be readily accessible to small children except those who occupy the premises.

16. No wood construction within 6 in. of adjoining ground.

17. Plans of pool showing piping, depth,, volume, size, and specs on filter and registered plot plan if installed permanently.

18. Empyting and pumping out pool shall be done in such a manner so as not to create a nuisance.

 

Note: Nothing above shall diminish any regulation by the Woburn Board of Health or State Law.

 

 

Section 5.18 - Waste Disposal

 

1. Every dwelling unit or commercial enterprise hereafter constructed, converted, or substantially remodelled shall be supplied with a food waste disposer and an approved incinerator whether by gas, electricity, or fueless of a minimum of three bushels capacity and a U.L. label. Must be smokeless, odorless, and built with stainless steel screws and heavy gage flue as manufactured by Holin ador, Danvers, Magestic, or equal.

2. If building contains three or more dwelling units, one central incinerator may be installed to service the entire building.

 

Section 5.19 - Farming and Horticultural Pursuits The following are permissable:

1. Farming of field crops, row crops, truck gardens, orchards, plant nurseries, greenhouses, and as provided below horse farms and dairy farms on two acres or more.

2. The keeping on any lot of a total of six of any household pets (dogs,cats, birds) for each dwelling unit and all owned by the residents on such lot.

3. The keeping on two acres or more, horses, cattle, cow, and other customary farm animals provided the area is not thickly settled but excluding poultry batteries, fur ranches, hogs, pigs, swine, mink or any wild animals, slaughtering, packing, or processing meat or entrails, organs, skins, hides, pelts fur, feathers, or bones, and animal hospitals or kennels. Any one keeping other than household pets must record them with the Building Inspector within 30 days and yearly in January thereafter.

4 The growing of fruits and vegetables on less than 2 acres for household use.

 

Section 5.20 - Trailers or Mobile Homes

 

Trailers or mobile homes, whether or not resting upon or having permanent foundations or having water supply or sanitary facilities shall not be deemed to qualify as a dwelling or dwelling house within the meaning and intent of this Ordinance. Dwelling or dwelling house as used herein is intended to refer to the conventional type of building importing structures of type ordinarily thought of as houses of substantial permanence and stability which would be appropriate in a normal family residential district.

 

Section 5.21 - Earth Material Removal or Filling

1. The removal or filling of loam, soil, clay, sand, borrow, gravel stone, or any earth product, earth constituent or earth material from any land in the City of Woburn not in public use is hereby prohibited except such removal or filling as may be permitted in any zoning district by special permit as the Woburn City Council by vote may direct the Building Inspector to issue, and except such removal as is permitted by Paragraph 7 of this section.

2. Written application for each special permit or renewal thereof shall be made to the Woburn City Council, and no special permit or renewal thereof, shall be issued without such application, and a public hearing thereon before the City Council, with due notice given.

3. Each such application shall include a diagram to scale of the area concerned, showing the boundaries of the whole of the property for any part of which such a special permit is sought, the existing and proposed ground elevations in the land proposed to be excavated or filling, the means of storm water drainage of such excavation and the site lines of the existing public and private ways nearest the property for which such permit is sought.  In addition, the boundary lines shall be properly marked on the site in a suitable manner for viewing by the Building Inspector.

4. Notice of each such public hearing shall be given at the expense of the applicant once in each of two successive weeks, the first publication not being less than 21 days before the day of such hearing in a newspaper published in or for general circulation in Woburn.

5. Each copy of any earth material removal or filling permit voted by the City Council shall state all of the conditions imposed, if any, including but not limited to the following limitations of such removal as to: Extent of time; Area and depth of excavation or fill; Steepness of slopes excavated or filled; Distance between edge of excavation or fill and neighboring properties or ways; Temporary or permanent drainage; Posting of security bond; The replacement of not less than 6 in. of top soil over the whole of any area from which earth materials are removed where the location of such removal is afterward to become a residential subdivision; or In the case of continuing sand or gravel pit or filling operations in one general locus, recovering the finished cut banks with a minimum of 4 in. of top soil.

6. A copy of the City Council vote on each application, whether for issuance or for denial thereof, shall be mailed by the City Clerk to the parties of interest, and the Building Inspector, not later than 5 business days after the date of such Council vote. 7. This regulation shall be deemed not to prohibit the removal or filling of such loam, soil, clay, sand, gravel, or stone as may be required to be excavated for the purpose of constructing foundations for buildings or other allowable structures or site preparations as detailed on the plan for which building permits have been issued, or for the purpose of constructing utilities or other engineering works for public service. Nor shall this regulation be deemed to prohibit the transferal of loam, soil, clay, sand, gravel, or stone from one part of a lot, tract, or parcel of land to another part of the same lot, tract, or parcel of land in the same ownership.

8. Any person violating any of the provisions of this Section 5.21 shall be fined not more than Five Hundred ($500.00) nor less than Two Hundred Dollars ($200.00) for each offense. Each day that willful violation continues shall constitute a separate offense.

 

Section 5.22 - Hydrants constructed on private property shall be properly maintained and kept accessible and free .

 

Section 5.23

In buildings to be erected in the City of Woburn for use as a dormitory, apartment house, theatre, special or public hall, miscellaneous hall, factory, workshop, office building, mercantile establishment, institution, hotel, school building or church, the following items shall be required:

1. Class I or Class II construction throughout.

2. Adherence to Form B-l entitled "Buildings" and printed by the Department of Public Safety.

3. All exit doors shall open in the direction of egress travel.

4. All equipment and appliances for heating,cooking,comfort,or convenience shall be approved by U.L. and installed in accordance with recognized standards.

5. Exits shall conform to the requirements of NFPA pamphlet #101 entitled "Life Safety Code 1966".

6. A sprinkler system. Complete, supervised, and connected to the Fire Department or a central station or partial including basements, corridors, stairwells, and chutes and connected to an outside audible alarm and the local building alarm system.

7. All buildings with three or more occupied stories or over 35 ft. if not sprinkled, shall be equipped with a local and auxiliary fire alarm system.

8. All corridors shall be provided with properly placed, effective smoke screen doors.

9. NO combustible material in corridors (rugs, furniture, etc.)

10. Elimination of combustibles in usable roof areas and in the construction of penthouses.

11. Emergency lights where required by law.

12. Vertical openings (stairs, shaft chutes, etc.) shall be properly enclosed or protected to prevent the spread of fire and smoke; and where necessary, consideration shall be given to good explosion venting practices.

13. Proper fire stopping and elimination of concealed spaces.

14. Windows should be so designed as to make escape and smoke venting quickly possible.

15. Piercing of fire walls where necessary shall be equipped with Label A doors or 1 3/4 solid core or equal.

16. All curtains, draperies, and decorative material in places of assembly and public buildings shall be of non-flammable fire retarding material.

17. Interior finish shall be fire retardant or fireproof water based paint.

18. If not wire lath and plaster, only approved non-combustible ceilings may be used.

19. General stockrooms, supply rooms, janitor rooms, etc. shall be of fire resistive construction.

20. Maintenance shops such as are used by painters, carpenters, plumbers, machinists, etc. shall be detached buildings or cut off or sprinkled.

21. A plan of evacuation together with a planned procedure in the event of fire shall be drawn up and posted at selected and proper locations.

22. A building which has four or more stories or is more than 40 ft. in height above grade shall be equipped with a Class I standpipe (Fire).

23. Incinerators shall be in a separate room.

24. All buildings shall be accessible for fire apparatus in the event of an emergency and shall be so maintained.

 

Section 6.00 - DEFINITION OF SIGNS

1. Sign; The word "sign" shall include any letter, word, symbol, drawing, picture, design, device, article and object that advertises, calls attention to or indicates any premises, person or activity, whatever the matter of the material and manner of composition or construction. Any structure or device designed to inform or attract the attention of persons shall be considered a sign.

2. Accessory Sign; Any billboard, sign, or other advertising device that advertises, calls attention to, or indicates the person occupying the premises on which the sign is erected or the business transacted thereon, or advertises the property itself or any part thereof as for sale or to let, and which contains no other advertising matter.

3. Non Accessory Signs; Any billboard, sign, or other advertising device that does not come within the foregoing definition of any accessory sign.

4. Free Standing Pole, Pylon, or Ground Signs - Free Standing Signs;

Any sign that shall have as its supports, wood, steel, columns, pipes, angle iron framing, or any other combination of these materials indep­endent of any building or structure. All ground sign structure and supports must be entirely on private property. Only one of this type of identification per business. Size of any Pole or Pylon sign not to exceed 40 sq. ft.; shall not be less than 12 ft. from ground to bottom of sign, nor more than 30 ft. in height.

5. Roof Signs; Definition - Any signs attached to roof framing of the

building on which the entire advertising display is above the roof level on trusses or leg, but no roof sign shall exceed more than 4 ft. in height.

6. Marquee Signs; Any signs attached to a marquee. Hanging sign under marquee shall not exceed 1 ft. width and must be at least 8 ft. from sidewalk to bottom of sign and shall not exceed 6 ft. in length. This applies to all zones.

7. Moving Sign; Flashing, animation, revolving beacons, wind actuated, or other mechanical device.

8. Electric Signs; Definition - Any sign containing electric wiring which has characters, letters, figures, design, faces, or outlines illuminated by incandescent or fluorescent lamps or luminous tubes as part of sign proper. mechanical device.

9. Temporary Signs or Advertising Devices;  Include paper or cardboard signs, attached, or lettered temporarily upon a building on the exterior of a store window, shall have a total area not exceeding 30% of the area of such window.

10. Erected; The word "erected" shall include the words attached, built, constructed, reconstructed, altered, enlarged, and moved.

11. Wall Sign; Definition - Shall mean any sign attached to or erected against a wall of the building with the exposed face of the sign in a plane parallel to the plane of said wall.

12. Projecting Signs; Definition - A projecting sign shall mean a sign suspended from or supported by a building and projecting out there from more than 12 in. and shall not exceed more than 40 sq. ft. on each side.

13. Individual Letter Signs; Definition - Any sign made up of self contained letters that are mounted on the face of the building, top of a parapet, roof edge of a building, or top of a marquee and cover area same as wall sign.

 

Section 6.01 - General Condition - SIGNS AND PERMITS REQUIRED

1. No signs shall hereafter be erected, re-erected, constructed, or altered except as provided by this Ordinance and after a permit has been issued by the Building Inspector.

2. Application for a sign permit shall be made in writing to the Building Inspector. Two plans of the proposed sign shall be filed with the application. Exact location on building or ground shall be noted. On certain type signs, the Building Inspector may require the filing of plans or other necessary information pertaining to the method of construction, erection, installation, and location. A sign permit fee shall be paid to the City of Woburn and collected by the Building Inspector.

3. The following types of signs are prohibited throughout the City;

Billboards, any sign visible from the public right of way using an arrow or the word "stop" and any sign using direct illumination. NO sign shall exceed 500 sq. ft. Any sign composed of seperate letters or devices shall be deemed to occupy the entire area within a single continuous perimeter enclosing the extreme limits of the sign.  Non accessory signs shall not be erected or maintained.

4. Design: All signs shall be designed according to generally accepted engineering practice. The Building Inspector may require structural ' engineer to certify design.

5. A temporary sign may be erected in any district for the construction of a building and listing the architects, engineers, contractors, owners, and proposed use. The sign must be removed after the building is completed.

6. Maintenance: Every free standing pole and ground sign and the immediate surrounding premises shall be maintained by the owner of such signs in a clean, sanitary, and unoffensive condition and kept free and clear of all obnoxious substance, rubbish, and weeds. This paragraph refers to non-conforming signs as well as newly erected ones under this code. The Building Inspector shall require the proper maintenance of all signs and shall inspect every sign within thirty days after it is erected. All signs together will all of their supports, braces, guys and anchors shall be kept in repair and in the proper state of preservation. The Building Inspector may order the removal of any sign that is not maintained in accordance with the provision of this ordinance and Chapter 143, General Laws. During the construction of a building a free standing sign may be erected on the premises identifying the building, the owner, the contractors, the architects, or the engineers but such sign shall not exceed 32 sq. ft. in surface area nor ten feet in any dimension. Such signs shall be removed promptly after the completion of the building.

 

Section 6.02 - Gasoline Stations and Garages:

Gasoline filling stations and garages may, if they elect to do so, divide the one exterior or individual letter sign affixed to the front wall of the building, to which they are entitled as hereinabove or hereinafter provided, into separate signs affixed to and parallel to such wall and indicating the separate operations or departments or the business, provided however, that the total of the area of the separate signs shall not exceed this maximum area permitted under this code for a single exterior sign on such wall. In addition, one sign standing or otherwise indicating the company where gasoline is being sold may be erected. The standard type of gasoline pump as attached will not be denied in violation of this ordinance.

 

Section 6.03 - Non Conforming Signs *

Signs which were erected before the adoption of this requirement shall not be rebuilt, altered, or relocated without conforming to the require­ments of this code. Signs legally .erected before the adoption of this by-law that do not conform to the provisions of this by-law must be made to so comply within ten years after the effective date of this by-law, except that standing signs must be made to comply within five years after the effective date of the by-law and except that all signs must be made to comply with the provisions of illumination within one year of the effective date of this by-law.

(*July 12, 1976-Land Court Case No. 71362-section ruled invalid and unenforceable by Assoc. Judge M. Sullivan.)

 

Section 6.04 - Method of Appeal

A person aggrieved by the refusal of the Building Inspector to issue a permit for the erection of a sign or by any order of the Building Inspector under this Sign Ordinance may appeal to the City Council for a Special Permit under Chapter 40A-Public Hearing.

 

Section 6.05 - Special Sign Permits

All signs, other than wall signs and individual letter signs, overhanging a public way are prohibited in all parts of the City of Woburn. All wall signs and individual letter signs attached to a building shall not project out more than 8 in. over a public way from any building. Further, all retractable awnings shall be free from any lettering or means of identi­fication within 3 years of the adoption of this ordinance. All signs overhanging a public way for which special permits have been granted prior to the enactment of this ordinance must conform with this ordinance 3 years after this ordinance becomes effective.  The Building Inspector shall be charged with the enforcement of this ordinance.  The penalty for whoever violates this section of the ordinance shall be punished in accordance with Section 6.05, Article VI, of the Woburn Zoning Ordinance.

 

Section 6.06 - Severability

The invalidity of any question or provision of the Ordinance shall not invalidate any other section or provision hereof. The penalty for violation: whoever violates any provision of this code shall be punished by a fine not exceeding Ten Dollars for each day. (General Laws, Chapter 93, Section 33.)

 

Section 6.07 - Illumination

A sign shall not be so placed as to cast reflection upon any dwelling building or dwelling unit. A sign or its illuminator shall not by reason of its location, shape, or color interfere with the traffic or to be confused with or obstruct the view or effectiveness of any official traffic sign, traffic signal, or traffic marking. Therefore, flashing or animated signs shall not be permitted nor shall any projecting pole or ground sign over 3 ft. high nor less than 10 ft. in height above the ground be located within the triangular area formed by the intersection of the property lines of street or track lines of railroads with streets and a straight line adjoining said property or track lines at points which are 35 ft. distant from the point of intersection measured along such lines, except a wall sign directly on the building. All bare bulbs and tubes and immediately adjacent reflecting surfaces must be shielded from view from the public right of way and any adjacent dwelling lots. Any method of lighting with any power or fuel or other means of identifying or attracting attention. Illumination of any kind visible from the public right of way such as signs, buildings, display windows must be such that the light intensity does not exceed 50 on a standard Weston photographic light meter, or corresponding rating on equivalent equipment, held at a distance of 3 ft. from the visible light source, illuminated surface or display window. Illumination visible from an adjacent dwelling lot may not exceed 0.8 with the meter read at any point on the lot line.

 

Section 6.08 -Neighborhood Business Districts - B-l

1. Political signs at the office or headquarters of a candidate only.

2. Setbacks: All signs shall set back the same distance as required of buildings. No projecting or marquee signs permitted.

3. There shall be not more than one exterior sign for each store, except that if the store has a direct entrance into the store in a wall other than the store front, there may be a secondary sign affixed to such wall and if the store has a wall other than the store front that faces upon a street or parking area, there may be a secondary sign affixed to such wall whether or not said wall contains an entrance to the store provided however that no store shall have more than two secondary signs in any event. The area of 10% is the maximum permissible area of the sign on the store front.  In addition to the foregoing signs,there may be one directory of the occupants or tenants of the building at each entrance to the building. Such directory shall not exceed an area determined on the basis of 1 sq. ft. for each occupant or tenant of the building.

 

Section 6.09 - Business Districts - B-2 and B-3

1. Political Signs in candidates office or headquarters only. All other signs permitted in accordance with provisions of this code.

2. There shall be not more than one exterior sign for each store, except that if the store has a direct entrance into the store in a wall other than the store front, there may be a secondary sign affixed to such wall and if the store has a wall other than the store front that faces upon a street or parking area, there may be a secondary sign affixed to such wall whether or not said wall contains an entrance to the store provided however that no store shall have more than two secondary signs in any event. The area of 20% is the maximum permissible area of the sign on the store front. In addition to the foregoing signs, there may be one directory of the occupants or tenants of the building at each entrance to the building. Such directory shall not exceed an area of 1 sq. ft. for each occupant or tenant of the building.

 

Section 6.10 -'Industrial Districts - 1-1 and 1-2

1. Political signs in candidates office or headquarters only. All other signs permitted in accordance with provisions of this code.

2. There shall be not more than one exterior sign for each building except that if the building has a direct entrance into the building in a wall other than the front, there may be a secondary sign affixed to such wall and if the building has a wall other than the front that faces upon a street or parking area, there may be a secondary sign affixed to such wall whether or not said wall contains an entrance to the building provided however that no building shall have more than two secondary signs in any event. The area of 20% is the maximum permissible, area of the sign on the front. In addition to the foregoing signs, there may be one directory of the occupants or tenants of the building at each entrance to the building. Such directory shall not exceed an area determined on the basis of one sq. ft. for each occupant or tenant of the building.

3. Where a building has more than one tenant, each area occupied by said tenant shall be entitled to one exterior sign in accordance with the above requirements.

 

Section 6.11 - Residential Districts

No political signs of any kind. In any residence district no sign or other advertising device and no on-premises sign or other on-premise advertising device shall be permitted except as follows: One sign displaying the street number or name of the occupant of the premises or both not exceeding two sq. ft. in area. The sign may be attached to the building or may be on a rod or post and at least 3 ft. from the front lot line. Such sign may include identification of an accessory professional office of a doctor, dentist, accountant, engineer, lawyer, or the like and may also identify other permitted accessory uses including a customary home occupation.

One bulletin board or identification sign for a permitted non-residential building or use or apartment building of more than 12 units not exceeding 10 sq. ft. in area. For churches and institutions two bulletin or announce­ment boards or identification signs are permitted on each building, neither of which may exceed 20 sq. ft. in area.  Such sign may be located within the required front yard but no closer to the front lot line than one half the depth of said required front yard.

4. One "For Sale" or "For Rent" sign not exceeding 6 sq. ft. in area and

advertising only the premises on which the sign is located. ~"

5. One contractor's sign, not exceeding 20 sq. ft. in area maintained on the premises while a building is actually under construction.

 

ARTICLE VII - OFF STREET PARKING AND/OR LOADING REGULATIONS

 

Section 7.00 - In any district, if the use of any structure constructed, enlarged, or extended and any use of land established, or any existing use is changed, after the effective date of this ordinance, off-street parking and off-street loading spaces shall be provided in accordance with the following schedules, a structure enlarged or a use extended after the effective date of this ordinance shall be required to provide parking spaces in accordance with the below for the entire structure or uses unless the increase in units or measurements amounts to less than 25% whether such increase occurs at one time or in successive stages.

 


 

Section 7.01 - Schedule of Off-Street Parking and Off-Street Loading Requirements

 

Parking Standards
Number of Off-Street Parking Spaces Required

 

 

1 Dwelling

One per bedroom (200 s.f.) (600 s.f. max.)

2 Lodging House, Motel or Hotel

One per rental unit

3 Retail & Service

One per 150 sq. ft. of floor space *

4 Finance, insurance, real estate establishment, and business office**

One per 350 gross sq. ft. of floor space ***

5 Wholesale Establishment, Auditorium, Church, or other place of public assembly

One per each 300 sq. ft. of floor space or one for each three persons

6 Hospital or Nursing Home

1/2 per bed at design capacity

7 School or College

Two per classroom in an elementary and

junior high school and four per classroom in a senior high school plus spaces needed for auditorium or gymnasium, whichever has the larger capacity

8 Other Community Facility (city building, approval recreation, etc.) or Public Utility

Dependent on individual needs and    by the Building Official

9 Manufacturing **

One space per 400 sq. ft. of floor area

10.Warehousing **

One space per 800 sq. ft. of floor area

 

*    amended from 75 sq. ft. to 150 sq. ft. - 4-17-75

**  added words 'business office' and added lines 9 & 10 - 6-9-78

*** line 3 separated from line 4 and amended line 4 from 150 sq. ft. to 350 gross sq. ft. - 5/21/81

 

Loading Standards

Number of Off-Street Loading Spaces per;  Sq. Ft. of floor area

 

 

Business, Industrial, Community Facility School, Church, city building  recreation, etc.) or Public Utility Establishment with 5,000 sq. ft.

One per 15,000 sq. ft. or fraction thereof of floor space

 

 

 

Section 7.02 - General Parking and Loading Provisions

1. Accessory parking or loading spaces being maintained in any district in connection with an existing use on the effective date of this ordinance shall hereafter be maintained so long as said use remains, unless an equivalent number of parking or loading spaces is constructed elsewhere conforming to the requirements of the above schedule provided this regulation shall not require the maintenance of more parking or loading spaces than is required according to the schedule in Section 7.01.

2. When units or measurements determining number of required parking or loading spaces result in a requirement of a fractional space, any fraction over one half shall require one parking or loading space.

3. The parking spaces required for the uses listed in Section 7.01 shall be on the same lot as the use they are intended to serve, except as provided in paragraph 4 for B-3 areas where municipal parking is available. ***

(***Approved 11-23-81 - This paragraph 3 replaces former paragraph 3 and the former first sentence of paragraph 4 has been eliminated.)

4. In the B-3 district municipal parking may be substituted for the required parking areas if in the opinion of the Building Commissioner it is proved to be adequate.

5. The loading spaces required for the uses listed in the above schedule shall in all cases be on the same lot as the use they are intended to serve. In no case shall the required loading spaces be part of the area used to satisfy the parking requirements of this ordinance.

6. No Accessory off-street parking shall be permitted within the required front yard or side yard in any "R" district except in a legal service driveway.

7.Parking areas could have 30% small car area with 8' x 16' spaces.*

 *(Approved 6-9-78)

8. Off street parking for one commercial vehicle having a registered weight or gross vehicle weight rating not to exceed 15,000 Ibs. shall be allowed for each dwelling lot, in compliance with item 6 above, in the residential districts or on a lot used for residential purposes. **

 ** (Approved 2-10-81)

 

Section 7.03 - Mixed Use or Joint Parking and Loading Requirements

In the case of a mixed or joint use, the total requirements for the number of parking or loading spaces shall be the requirements of the various uses computed separately and the parking or loading spaces for one use shall not be considered as providing the required parking or loading spaces for any other use.

Section 7.04 - Parking and Loading Space Specifications

All parking or loading areas containing over five spaces including automobile service and drive-in establishments shall be either contained within buildings or other structures or subject to the following as well as all specifications of the City of Woburn :

1. Parking or loading spaces for more than five vehicles shall be effectively screened on each side which adjoins or faces the side or rear lot line of premises situated in any "R" district.  The screenings shall consist of a solid fence or wall not less than 3 ft. nor more than 6 ft. in height or shrubbery planted not less than 3 ft. apart on center, at least 2 ft. from the lot line, and all maintained in good condition. The screening by this subsection shall be set back from each street the same as if it were a main building wall.

2. Every parking or loading area and access driveways thereto shall be surfaced with a durable and dustless material which shall meet the approval of the Building Inspector and shall be graded and drained so as to dispose of all surface water and accumulation.

3. A substantial bumper of masonry, steel or heavy timber shall be placed near all interior lot lines to protect structures and property abutting a parking or loading area for five vehicles or more.

4. Any fixture used to illuminate any parking or loading area shall be so arranged as 'to direct the light away from the street and away from adjoining premises used for residential purposes.

5. Any parking area shall be also subject to the following:

A. There shall not be any motor vehicle parked within 5 ft. of any side

or rear lot line,

B. There shall not be any vehicle repair facilities or any repair made

to any motor vehicle,

C. There shall not be any outside storage of material or equipment except

as part of approved building operations,

D. Parking shall not be located within the required front yard area in any “I” or “S” district. Parking may be permitted within the required front yard in “B” districts but not closer than 5 ft. of any lot line and landscaped.

 

Section 7.05 - Parking and Loading Space Standards

Parking or loading spaces, when five or more parking spaces, or two or more loading spaces are required, shall meet the following standards, and plans shall be submitted to the Building Inspector:

1. Each parking space shall not be less than 200 sq. ft. excluding space for maneuvering, and the arrangement of parking spaces shall be approved by the Building Inspector.

2. Each loading space shall be not less than 600 sq. ft. excluding space for maneuvering and the arrangement or layout of off-street loading areas shall be approved by the Building Inspector.

3. Any portion of any entrance or exit driveway shall not be closer than 25 ft. to the curb line of an intersecting street.

4. Any two driveways leading from a street to a single lot shall not be

within 30 ft. of each other at their intersection with the front lot line for an interior lot and 50 ft. for a corner lot.

5. Any entrance or exit driveway shall not exceed a width of 24 ft. at its intersection with the front lot line.

6. No loading space shall be on the street side of any building.


 

Section 7.06 - Gasoline Service Stations and Drive-in Uses

Gasoline service stations, drive-in restaurants, open car lots, and similar drive-in or open air uses shall conform with the following requirements in addition to the other applicable provisions of this ordinance.

1. The minimum lot area shall be 12,000 sq. ft. with a minimum street frontage of not less than 125 ft.

2. The maximum width of driveways shall be 24 ft., the minimum width shall be 10 ft. and no driveway shall be closer than 20 ft. to any corner lot line, or less than 40 ft. from another driveway serving the lot.

3. All illumination or outdoor buildings or areas shall be effectively shielded so as not to shine upon properties in "R" district.

 

ARTICLE VIII – NONCONFORMANCE

 

Section 8.00 - Continuation of Nonconformance

Any lawful building or use of a building or premises or part thereof in existence at the time of the adoption of this ordinance, or of any amend­ment hereto, may be continued although such building or use does not conform to the provisions hereof.

 

Section 8.01 - Change of Nonconforming Uses

No nonconforming use, once changed to a use permitted in the district in which it is located, shall be changed back to a nonconforming use.

 

Section 8.02 - Extensions or Enlargement of Nonconforming Uses

No increase shall be made in the volume, area, or extent of a nonconforming use.

 

Section 8.03 - Reduction

Any nonconforming lot or open space on a lot (yards,, set backs, usable open space) shall not be further reduced so as to be in greater nonconformity.

 

Section 8.04 - Restoration

Any nonconforming structure or use damaged by fire or other cause to an extent of over 50% of its assessed value on the date of damage shall not be reconstructed and used except as a conforming structure or use unless the City Council grants a special permit under Chapter 808 to rebuild the damaged structure.

 

 

Section 8.05 - Abandonment

1. Any nonconforming use of a conforming structure or lot which has been abandoned for a continuous period of one year or more shall not be used again except by a conforming use.

2. Any nonconforming structure which has been abandoned for a continuous period of two years or more shall not be used except for a conforming use and the structure shall also be made conforming.

 

Section 8.06 - Temporary Nonconformance

The Board may authorize a permit for a temporary nonconforming building or use for a period of not more than 2 years where the building or use is necessary to the permanent development of the premises for a conforming use.

 

Section 8.07 - Nonconforming Use Record

Within 360 days of the effective date of this ordinance, the City of Woburn shall have made a record by street address or lot number of all existing nonconforming principal uses within the City.

 

ARTICLE IX SUPERIMPOSED ZONING DISTRICTS -(effective 12-21-73)

 

Section 9.00 Interpretation and Application (this section deleted and replaced as follows: 9-29-80)

 

Any proposed use to be located within the limits of the Flood Plain District or the Inland Wetland and Watershed Protection District, as determined by Section 2.03 of this Ordinance, shall be governed by the regulations set forth in this--Section as well as all other applicable provisions of this Ordinance, in addition to the requirements which may be applicable under Massachusetts General Laws, Chapter 131, Section 40, as amended. Where a proposed use is determined to fall within the limits of the Flood Plain District, but the applicant presents written certification from the Federal Emergency Management Agency that the site has been exempted and found by that.agency to be outside of the limits of the 100-year flood area, all other applicable sections of this Ordinance shall apply. Where a proposed use is determined to fall within the limits of the Inland Wetland and Watershed Protection District, but the applicant for the proposed use submits to the City Council a determination from a Registered Professional Engineer of the Commonwealth of Massachusetts that the proposed location is not wet and subject to periodic flooding and should therefore not be included in the district the applicant may be exempted by the City Council from the provisions of this Section if, at a public hearing, he provides sufficient evidence for the City Council to determine that such an exemption should be allowed.

 

 

 

 

Section 9.01 Flood Plain Districts (Section 9.01, A-B-C-D-E deleted and replaced with new A-B-C - amended 9-29-80)

 

A.The purpose of the Flood Plain Districts are to protect the public safety, health and general welfare, to protect human life and property from the hazards of periodic flooding, to preserve natural flood control characteristics and the flood storage capacity of the floodplain and to preserve and maintain the ground water table and water recharge areas within the flood plain; and to promote the safety and purity of the water, the containment and control of sewage, and safety of utilities from breaking, leaking, short-circuiting, grounding, igniting, electrocuting or the other dangers due to flooding.

B. Definition; The Flood Plain District is established as on overlay district to all other districts, including the Inland Wetland and Watershed Protection District. The flood plain areas are those adjacent to the watercourses whose elevations are equal to or less than those indicated on the Woburn Flood Insurance Rate Map (FIRM) dated July 2, 1980, as Zones A, Al-30 and on the Flood Boundary and Floodway Maps, dated July 2, 1980.

C. Flood Plain Development Regulations - The following regulations shall apply to all development or alterations within the Flood Plain:

1.     Prior to any development or alteration within the Flood Plain, a Special Permit shall be obtained from the City Council and all other applicable statutes have been satisfied.

2.     The application for permit shall contain plans certified by a

registered land surveyor and/or engineer of .the proposed construction or development and plot plan locating the proposed building and existing buildings on the premises on which it is to be situated or is situated. All plans shall show existing and proposed finished ground contours at two foot intervals. Contours shall be delineated within two hundred feet of the proposed construction or development.

3. For "Substantial Improvements" of existing residential and non residential structures and all new construction the following minimum conditions shall be met:

a. The lowest floor, including basement or cellar, shall be 1 ft. higher than or above the base flood elevation (the 100-year flood elevation designated on the FIRM) or in the case of non residential structures be flood proofed watertight to the base flood level.

b. Furnaces and utilities are protected from the effects of flooding.

c. The structure will withstand the effects of flooding. The ground level around and extending 25 ft. outward from any building or structure in a Flood Plain District shall be raised as necessary so that no part of the ground level area so defined, shall be below the elevation shown on the FIRM as defined in Section 9.01. Embankments subject to possible scouring by flood waters shall be properly stabilized and protected to prevent erosion by flood waters.

d. Other lands in the Flood Plain District will not be adversely affected by the proposed development, through increased height or velocity of future floods.

e. The containment of sewage, safety of gas, electric, fuel, and other utilities from breaking, leaking, short circuiting, grounding, igniting, electrocuting, or any other dangers due to flooding, will be adequately protected.

f. Where watertight flood proofing of a structure is permitted, a registered professional engineer or architect shall certify to the Building Commissioner, that the methods used are adequate to withstand the flood depths, pressures and velocities, impact and uplift, and other factors associated with the 100-year flood and all in accordance with the State Building Code requirements.

g. A registered engineer and/or architect shall certify to the Building Commissioner that the above minimum conditions (a through e) are satisfied in the design proposal.

h. A registered land surveyor or engineer shall certify to the Building Commissioner that all minimum elevations required by “Flood Plain District Regulations” have been complied with after construction.

i. The City Council may waive one or more of the requirements contained in Section 3a-h when deemed necessary or appropriate. If the petition­er does seek a waiver in provision 3a-h, he must supply a statement from FEMA, that such waiver will not jeopardize his eligibility.

 

4.       A.. Within zones A1-A30 where base flood elevations are provided on the FIRM: elevations shall be determined by interpolation between the nearest elevations shown on the FIRM.

B. Within zone A where the base flood elevation is not provided on the FIRM, the applicant shall obtain any existing base flood elevation data and it shall be reviewed by the Building Comm­issioner for its reasonable utilization toward meeting the elevation or floodproofing requirements, as appropriate, of the State Building Code and "Flood Plain District Regulations".

C.  Interpretations as to elevations or locations within the FIRM shall be made by the City Engineer.

5.       In the "Floodway" the following provisions shall apply:

A. No encroachments, including but not limited to fill, new construc­tion, substantial improvements and other developments shall be permitted. Encroachments that would be allowed would be building of culverts and bridges, provided that certification by a registered professional engineer or architect is provided by the applicant demonstrating that the permitted encroachments shall not result in any increase in flood level during the occurrence of the 100-year flood.

6.       The land defined as the Flood Plain District may include one or more differing zoning districts as defined in this zoning code and these regulations are additional to the existing regulations of whatever zoning district may be included within the Flood Plain District.

 

 

 

D. City Council Procedure - (Former Para. F - amended 9-29-80)

 

1. The Council shall not take final action on an application for a special permit hereunder until it has received a report thereon from the Building Inspector, the Board of Health, the Conservation Commission, and the Planning Board or until 30 days have elapsed after receipt of such plan without submission of a report.

2. The Council may, as a condition of approval, require that effective notice be given to prospective purchasers, by signs or otherwise, of past flooding of said premises, and the steps undertaken by the petitioner or his successor in title to alleviate the effects of same.

 

E. Occupancy Permit - (Former Para. G - amended 9-29-80)

No occupancy permit shall be issued until the City Council, the Building Inspector, and the Board of Health have received a certified plan showing the foundation and flood elevations, elevations of the completed construc­tion, and until all requirements of all permits are satisfied and such plan has been filed with the City Clerk.

 

F. Area and Yard Regulations - (Former Para. H - amended 9-29-80) new paragraph:

The portion of any lot within the area designated in Section 9.01 and 9.02 may be used to meet the area and yard requirements as listed in Section V of this ordinance for the district or districts in which the remainder of the lot is situated provided that the wetlands portion does not exceed 20% of the minimum lot area as shown on a certified plot plan prepared by a Registered Professional Engineer or a Registered Land Surveyor of the Commonwealth. Copy of said plan to be filed with the Conservation Commission and City Engineer in addition to the Building Department.

 

G. Definitions -  (New Paragraph - added 9-29-80)

For the purpose of Article V "Flood Plain District Regulations" the following definitions shall apply:

 

Development; Any man made change to improved or unimproved real estate including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operators.

FIRM; City of Woburn Flood Insurance Rate Maps dated July 2, 1980.

Floodproofed; Watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

Floodway; Area of the waterway between the banks.

Substantial Improvement; Any repair, reconstruction, or improvement of structure, the cost of which equals or exceeds fifty percent of the assessed value of the structure either a) before the improvement is started or b) if the structure has been damaged and is being restored-before the damage occurred.

 

Section 9.02 - Inland Wetland and Watershed Protection District

 

A.   Purpose - The purpose of this district is:

 

1. To preserve and protect the streams, waterbodies, and other water courses, including wetlands and marshlands, in the City of Woburn.

2. To protect the health and safety of persons and property against the hazards of flooding and contamination.

3. To preserve and maintain the ground water table for water supply purposes

4. To protect the community against the detrimental use and development of lands adjoining such watercourses.

5. To conserve the watershed areas of the City of Woburn for the health, safety, and welfare of the public.

 

B.    Definition

 

1. All lands within the elevations shown on the zoning map and

designated as wetlands. These include lakes, ponds, swamps, marshes.

2. All lands designated on the zoning map as having a shallow depth to water table. These lands are the poorly and very poorly drained mineral soils and very poorly drained soils formed in organic deposits. Poorly drained mineral soils have a water table at or near the surface for 7 to 9 months during the year. The water table remains at or close to the surface of very poorly drained mineral and organic soils throughout most of the year.

3. All land areas along all rivers, brooks and streams for a horizontal distance of 25 feet from the banks    thereof are included in this district. Where these watercourses are shown on the Flood Plain FIRM as Section A, Al-30, the provisions of Section 9.01 of this Ordinance shall be satisfied,  (this para, deleted and replaced 9-29-80)

 

 

 

C.   Permitted Uses  (this para, deleted and replaced 9-29-80)

 

The following uses of low flood damage potential and causing no obstruction to flood flows shall be allowed, provided they are permitted in the underlying district and they do not require structures, fill, storage of materials or equipment and they are in compliance with the provisions of Massachusetts General Laws, Chapter 131, Section 40 as amended, where applicable:

1. Agricultural uses, such as farming, grazing, and horticulture.

2. Forestry and nursery uses.

3. Outdoor and recreational uses, including fishing, boating, play areas.

4. Conservation of water, plants, wildlife.

5. Wildlife management areas, foot, bicycle, and/or horse paths.

6. Parking areas provided they are constructed of permeable material and do not reduce the flood storage capacity of the area.

7. Utility pipes.

8. Buildings lawfully existing at the time of the adoption of this section.

9. Municipal waterworks and pumping stations.

 

D.  Special Permits - (new para. - 9-29-80)

No structure or building shall be erected, constructed, substantially improved, or otherwise created or moved; no earth or other materials dumped, filled, excavated, stored, or transferred, unless a special permit is granted by the City Council and all other applicable statutes have been complied with.

 

E. Required Submittals (this para, deleted and replaced 9-29-80)

The application for permit shall contain plans certified by a registered land surveyor and/or engineer of the proposed construction or develop­ment and plot plan locating the proposed building and existing buildings on the premises on which it is to be situated or is situated. All plans shall show existing and proposed finished ground contours at two foot intervals. Contours shall be delineated within two hundred feet of the proposed construction or development.

 

F. Development Conditions

 For the development of land within the Inland Wetland and Watershed -District, the following conditions shall apply:

 

1. If the lot(s) is to be served by a public sewerage system, the following conditions shall apply:

 

a) A minimum of six test borings to a minimum depth of eight feet shall be taken; three of which shall be within the area of the proposed structure and three within 25 feet of the outside walls of the structure, but not closer than ten feet. A report by a soil scientist or' qualified civil engineer shall accompany the test data. •                   ^

b) The floor level of areas to be occupied by human beings as living or work space shall be four feet above the seasonal high water table and not subject to periodic flooding.

c) If the basement floor level is below the seasonal high water table and affords the possibility of human occupancy at some future date, although not originally intended, adequate perimeter drainage and foundation shall be installed to withstand the effect of pressure and seepage. Furnace and utilities are to be protected from the effects of leaching.

d) Safe and adequate means of vehicular and pedestrian passage shall be provided in the event of flooding on the lot(s) or adjacent lot(s) caused by either the overspill from water bodies or high run off.

 

 

2. If the lot(s) is to be served by an on lot septic system, the following conditions including those listed previously shall apply:

 

a) The leaching area designed for use, as well as a reserved area for future expansion or total future use shall be plotted with dimensions on the site plan.

b) A minimum of two percolation tests per leaching area shall be performed. The maximum groundwater table shall be determined during the last two weeks of March or the first three weeks of April. At least two observ­ation pits at least six feet in depth shall be dug to determine soil profiles. The observation pit may be accompanied by a detailed report     """ compiled by a soil scientist or qualified Civil Engineer.

c) The leaching areas shall be constructed in areas where the maximum ground-water elevation is less than four feet below the bottom of the leaching area.

 

G. City Council Procedure

1. The City Council shall not take final action on an application for a special permit hereunder until it has received a report thereon from the Building Inspector, the Board of Health, the Conservation Comm­ission, and the Planning Board or until 30 days have elapsed after receipt of such plan without the submission of a report.

2. The City Council may, as a condition of approval, require that effective notice be given to prospective purchasers, by signs or otherwise, of past flooding of said premises, and the steps undertaken by the petitioner or his successor in title to alleviate the effects of same.

 

H. Occupancy Permit

 

No occupancy permit shall be issued until the Building Inspector and the Board of Health have received a certified plan showing the foundation and flood elevations, grading of the premises, elevations of the com­pleted construction, and all elevations of the various elements that make up the sewage disposal system, and until all requirements of all permits are satisfied and such plan has been filed with the City Clerk.

 

I. Area and Yard Regulations (this para, deleted and replaced 9-29-80)

The portion of any lot within the area designated in Sections 9.01 and 9.02 may be used to meet the area and yard regulations as listed in Section V of this ordinance for the district or districts in which the remainder of the lot is situated provided that the wetlands portion does not exceed 20% of the minimum lot area as shown on a certified plot plan prepared by a Registered Professional Engineer or a Registered Land Surveyor of the Commonwealth. Copy of said plan to be filed with the Conservation Commission and City Engineer in addition to the Building Department.

 

 

 

ARTICLE X - ADMINISTRATION AND ENFORCEMENT

 

Section 10.00 - Building Inspector - It shall be the duty of the Building Inspector, and he shall have the powers necessary, to administer and enforce the provisions of this Ordinance.

 

Section 10.01 - Permit Required - It shall be unlawful for any owner or person to erect, construct, reconstruct, convert or alter a structure or change the use, increase the intensity of use, or extend or displace the use of any building, other structure or lot without applying for and receiving from the Building Inspector the required permit therefor. For purposes of administration, such permit and application procedure involving a structure may be made at the same time and combined with the permit required under the Building Code. Where the application does not involve a structure but only a lot, a permit shall be applied for and may be issued.  In addition to plot plans and drawings required for submission under regulations of the Building Code, plans and information also for off-street parking, landscaping, and loading. shall be filed as required by the Building Inspector.

 

Section 10.02 - Previously Approved Permit - Nothing in this Ordinance shall require changes in the plans, construction or use of any structure or lot for which a permit has been issued or otherwise authorized within before the effective date of this Ordinance, provided such construction or use shall be actively prosecuted within 60 days and completed within one year of the effective date of this Ordinance.

 

Section 10.03 - Certificate of Occupancy Required - It shall be unlawful to use or occupy any structure or lot for which a permit is required herein without the owner applying for and receiving from the Building Inspector a certificate of occupancy each time the building is leased to new occupants. Such certificate may be combined with the one which may be issued under the Building Code.

 

Section 10.04'- Permit and Application Fees - Fees shall be as established by the City Council.

 

Section 10.05 - Permit Time Limit - A permit shall be obtained by the applicant within 180 days of the date of authorization by the Board or become void. Any work for which a permit has been issued by the Building Inspector shall be actively prosecuted within 180 days and completed within one year of the date of issuance of the permit. A permit issued for a project which is actively prosecuted for one year may be extended an additional year at the discretion of the Building Inspector.

 

Section 10.06 - Violations - The Building Inspector shall serve a notice of Violation and Order to any owner responsible for the erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use of any building or other structure, or use of any lot in violation of the provisions of this Ordinance, or in violation of any approved plan, drawing, information, or drawing pertinent thereto; or in violation of a permit or certificate issued under the provisions of this Ordinance; and such order shall direct the discontinuance of the unlawful action, use or condition, and the abate­ment of the violation within a time to be specified by him. Any owner, who having been served with a notice and who ceases any work or other activity, shall not leave any structure or lot in such conditions as to be a hazard or menace to the public safety, health, morals, or general welfare. The Building Inspector shall have the power to require that such premises be put in such condition as he directs.

 

Section 10.07 - Violation Penalty - Any owner convicted of a violation of this Ordinance shall be fined not more than twenty dollars ($20.00) for each day such violation may exist.

 

Section 10.08 - Permits for Special Exceptions and Special Permits -Certain uses, structures, or conditions are designated as Special Exceptions (Chapter 40A, S3&6) and Special Permits (Sec. 4.03, Table of Use Regulations and elsewhere in this ordinance). Upon application duly made to the Building Inspector and forwarded to the City Council, the Council may, in appropriate cases and subject to appropriate conditions and safeguards, grant a permit for such Special Exception or Special Permit and no others.

1. In acting upon an application for a special exception or special permit, the Council shall take into consideration whether the specific site is an appropriate location for the use or structure, whether the use developed will adversely affect the neighborhood; whether there will be undue nuisance or serious hazard to vehicles or pedestrians, and whether adequate and appropriate facilities will be provided to insure the proper operation of the proposed use, structure, or condition. It shall permit the Special Exception or Permit only when it finds that, in view of these considerations, such exception is consistent with the spirit of this Ordinance.

2. The Council shall also impose such additional conditions of those specified in this Ordinance as it finds reasonably appropriate to safeguard the neighborhood or otherwise serve the purposes of this Ordinance, including but not limited to the following: front, side, or rear yards greater than the minimum required by this ordinance, screening, buffers, or planting strip, fences, or walls, as specified by the Council modification of the exterior appearance of the structure; limitations upon the size, number of occupants, method and time of operation, or extent of facilities; regulation of number and location of drives, accessways, or other traffic features,- and off-street parking or loading, or other special features beyond the minimum required in this Ordinance.

3. The City Council may authorize a change from one non conforming use to another, or the extension or enlargement of a non conforming use. This authorization, as provided for in Section 6 of Chapter 40A of Massachusetts General Laws, shall be deemed to be a Special Exception. The term "Special Exception" shall be strictly limited to said definition, and no other type of use or change of use shall be allowed under the heading of, or under the color of the term "Special Exception". Nor shall any use prohibited in Section 4.03 (Table of Use Regulations) as indicated in the table by a dash (-), be granted under the heading of, or under the color of the term "Special Exception", unless said special exception is limited to the situation described in S 6 of Chapter 40A. _ (Item 3 replaced and amended - 9-7-79)

Section 10.09 -Board of Appeals - A Board of Appeals is hereby established in accordance with the statute authorizing such Board and shall consist of three members who shall be citizens of Woburn, and shall serve one for the term of one year, one for the term of two years, and one for the term of three years.

 

Section 10.10 - Variances - The Board may authorize a variance from the strict terms of this Ordinance where the Board finds there are special circumstances applying to the lot or structure for which the variance is sought (such as the exceptional narrowness, shallowness, or shape of the l°t in question)  and that the application of this ordinance will deprive any owner of such premises a reasonable use of it, and will impose upon such owner a hardship not shared by owners of other premises in the same district; the specific variance as granted is the minimum variance that will grant reasonable relief to the owner and is necessary for a reason­able use of the lot or structure; the granting of the variance will be in harmony with the general purpose and intent of this Ordinance, and with the convenience, welfare, health, safety, and character of the district within which it is proposed, and will not be injurious or other­wise detrimental to the public welfare. In authorizing a variance, the Board shall attach such conditions and safeguards as it deems necessary to protect the neighborhood and the community, such as, but not limited to, those specified in paragraph 2 of Section 10.08 above.

 

Section 10.11 - The City Clerk shall forward a copy of all applications and plans for a special permit to the office of the Building

                          Inspector    

 

Section 10.12 - No application or petition which has been unfavorably and finally acted upon by the special permit granting authority, the City Council, shall be acted favorable upon within two years after the date of final unfavorable action unless said special permit granting authority, the City Council, by a two thirds vote of the City Council finds specific and material changes in the conditions upon which the previous unfavorable action was based, and describes such changes in the record of its proceedings, and unless all but one of the members of the Planning Board consents thereto and after notice is given to parties in interest of the time and place of the proceedings when the question of such consent will be considered. (Approved and amended 8/9/76)

 

ARTICLE XI DEFINITIONS

For the purpose of this Ordinance, certain terms and words shall have the meaning given here. Words used in the present tense shall include the future; the singular number includes the plural; and the plural the singular; the words "used" or "occupied" include the words "designed", "arranged","intended", or "offered", to be used or occupied; the words "building", "structure", "lot", "land", or "premises" shall be construed as though followed by the words" or any portion thereof"; and the word "shall" is always mandatory and not merely directory. Terms and words not defined herein, but defined in the Building Code shall have meanings given therein unless a contrary intention clearly appears.Words not defined in either place shall have the meaning given in Webster's Unabridged Dictionary, Third Edition.

ABANDONMENT; The visible or otherwise apparent intention of an owner to discontinue a nonconforming use of a building or premises, or the removal of the characteristic equipment or furnishing used in the performance of the nonconforming use, without its replacement by similar equipment or furnishings, or the replacement of the nonconforming use or building by a conforming use or building.

ALLEY; A way which is 30 ft. or less in right-of-way width and is used primarily for secondary vehicular service access to the back of the side lots which also abut on a street (see official map).

ALTERATION; Any construction resulting in a change in the structural parts or height, number of stories, size, use, or location of a building or other structure.

BASEMENT; A portion of a building, partly underground, which has more than one-half of its height measured from finished floor to finished ceiling above the average grade of the adjoining ground. A basement is not deemed a story unless its ceiling is 6 ft., 6 in. or more above the finished grade.

BOARD; The Board of Appeals of the City of Woburn, Massachusetts

BUILDING; A combination of any materials, whether portable or fixed, having a roof, to form a. structure for the shelter of persons, animals or property. For the purpose of this definition "roof" shall include an awning or any similar     ^ covering, whether or not permanent in nature.

BUFFER ZONE; (Added 12/6/83) An area along the boundary line between residential districts and ajoining mixed-use, business or industrial districts which is limited in use as is provided in Section 5.09 of this Ordinance to reduce the likely adverse development impacts on neighboring residential districts.

BUILDING. ATTACHED: A building having any portion of one or more walls  in common with adjoining buildings.

CELLAR: A portion of a building, partly underground, which has less than one-half of its height measured from finished floor to finished ceiling above the average grade of the adjoining ground. A cellar is not deemed a story.

DRIVEWAY: An open space, located on a private lot, which is not more than

18 ft. in width providing for access to a. private garage or off-street parking space.

DWELLING UNIT; Two or more living or sleeping rooms arranged for the use of one or more individuals living as a single housekeeping unit, with cooking, living, sanitary, and sleeping facilities.

DWELLING. MULTIFAMILY; A building containing three or more dwelling units.

ESSENTIAL SERVICES; The erection, construction, alteration, or maintenance, of public utilities or government agencies of underground or overhead gas, electrical, steam, or water transmission or distribution systems, collection, communication, supply or disposal system, including poles, wires, mains, drains, sewers, pipes, conduits* cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith, but not including buildings necessary for the furnishing of adequate service by such public utilities or governmental agencies for the public health or safety or general welfare.

FAMILY; One or more persons, including domestic employees, occupying a dwelling unit and living as a single, non profit housekeeping unit, provided, that a group of five or more persons who are not within the second degree of kinship to each other, as defined by civil law, shall not be deemed to constitute a family.

FLOOR AREA, GROSS; The sum of the areas of the several floors of a building, including areas used for human occupancy in basements, attics, and penthouses, as measured from the exterior faces of the walls. It does not include cellars, unenclosed porches, or attics not used for human occupancy or any floor space in accessory buildings or in the main building intended and designed for the parking of motor vehicles in order to meet the parking requirements of this ordinance, or any such floor space intended and designed for accessory heating and ventilating equipment.

HOME OCCUPATION; An accessory use which is carried on by the permanent residents of a dwelling unit, and only inside the dwelling with only customary home equipment used therein; all materials and products stored only within the dwelling; no-.external alterations or structural changes not customary to a residential building are required; and the occupation does not involve the production of offensive noise, vibration, heat, dust, or other objectionable conditions.

LODGING UNIT; One or more rooms  contained in a lodging house for the use of one or more individuals not living as a single housekeeping unit and not having cooking facilities. A "lodging unit" shall include a boarding unit, tourist home unit, motel unit, or a rooming unit. (See State Law)

LOT; An area or parcel of land, or water area in the same ownership, or any part thereof designated by its owner or owners as a separate lot.

LOT, CORNER; A lot at the point of intersection of, and abutting on two or

more intersecting streets, the angle of intersection of the street lot line,

or in case of a curbed street extended lot lines, being not more than 135 degrees.

LOT DEPTH; The mean horizontal distance between the front lot line and the rear lot line.

LOT LINE, FRONT; The property line dividing a lot from a street. On a corner lot only one street line shall be considered as an address and the shorter street frontage shall be considered the front line, except in those cases where the latest deed restrictions specify another line as the front line lot line.

LOT LINE. REAR; The lot line opposite from the front lot line, except in the case of a corner lot, the owner shall have the option of choosing which of the two lot lines which are not street lines is to be considered the rear lot line.

LOT LINE. SIDE; Any lot line not a front or rear lot line.

LOT. NONCONFORMING; A lawful unoccupied lot which existed as a lot of record at the effective date of this ordinance or any subsequent amendment thereto, or any occupied lot which is not in conformity with the provisions of this ordinance (C40A, S5A, S7 - amended C40A, S6)

LOT, THROUGH; An interior lot, the front and rear lot lines of which abut streets, or a corner lot, two opposite lines of which abut streets.

LOT WIDTH; The horizontal distance between the side lot lines as measured at the required front set back line.

MEMBERSHIP CLUB. PRIVATE; A building used to house a. non-profit social, sports, or fraternal association or organization if used exclusively by members and their guests. (Chapter 180)

MOTEL; Any group of attached or detached buildings (not including trailers) containing individual sleeping or housekeeping units, designed for or used for transients.

PARKING GARAGE OR PARKING LOT, COMMERCIAL; A structure or lot designed or used for the shelter or storage of commercial or noncommercial motor vehicles used by the occupants or users of a lot or lots devoted to a use or uses not permitted in an "R" district and in which space is available either to long term or to transient or casual parkers.

PARKING GARAGE OR PARKING AREA. RESIDENTIAL; A structure or lot designed or used for the shelter or storage of noncommercial motor vehicles used by the occupants or users of a lot or lots devoted to a use or uses permitted in a-residence district and in which no space is rented for casual or transient parkers.

PLANNED DEVELOPMENT; (See Section 5.07)

PLANNING BOARD; The City Planning Board of the City of Woburn, Massachusetts

REPAIR; Any construction which replaces materials and does not change the height, number of stories, size, use or location of a structure.

SIGN: Any permanent or temporary structure, device, letter, word, model, banner, pennant, insignia, trade flag, or representation used as, or which is in the nature of, an advertisement, announcement, or direction, or is designed to attract the eye by intermittent or repeated motion   illumination.

SPECIAL PERMIT; A use of a building or lot or any action upon a premise for which a special permit is required under this ordinance only upon application to and the approval of the Council and in accordance with provisions therein. (Special Exception-C40A,S6)

STORY; A part of a building comprised between a floor and a floor or roof next above, including a basement, but not including a cellar.

STORY, HALF; A story with at least two of its opposite sides situated in a sloping roof, the floor area of which does not exceed two-thirds of the floor area Immediately below it.

STREET; A way which is 40 ft. or more in right-of-way width and which is dedicated or devoted to public use by legal mapping by the use or by any other lawful procedure, and includes any avenue, boulevard, parkway, road, land, public square, highway, and similar public ways which affords the prescribed means of principal access to an abutting lot.

STRUCTURE; A combination of materials assembled at a fixed location to give support or shelter, such as a building, bridge, trestle, tower, framework, retaining wall, tank, tunnel, tent, stadium, reviewing stand, platform, bin, fence, sign, flagpole, or the like.

USABLE OPEN SPACE; Space in a yard or within a setback area on a lot that is unoccupied by buildings, unobstructed to the sky, not devoted to service driveways or off-street loading or parking spaces and ways or off-street loading or parking space, and available to all occupants of the building on the lot.

USE; The purpose for which a structure or lot is arranged, designed, or intended to be used, occupied, or maintained.

USE, ACCESSORY; A use customarily incidental and subordinate to the principal use of a building, other structure or lot, or a use not the principal use which is located on the same lot as the principal building or other structure

USE, NONCONFORMING ; A use lawfully existing at the effective date of this ordinance or any subsequent amendment thereto which is not in conformity with the provision of this ordinance.

USE . PRINCIPAL ; The main or primary purpose for which a. structure or lot is designed, arranged, or intended, or for which they may be used, occupied, or maintained. under this ordinance. The use of any other structure or land on the same lot and incidental or supplementary thereto and permitted under this ordinance shall be considered as accessory use.

YARD, A portion of a lot, other than a court on the same lot as. the principal building, unobstructed artificially from the ground to the sky, except as otherwise provided herein.

YARD FRONT; A space extending for the full width of the lot between the front line of the building wall and the front lot line.

YARD REAR: A space, unoccupied, except by an accessory building or accessory use as herein permitted, extending for the full width of the lot between the rear line of the building wall and the rear lot line.

YARD SIDE; An unoccupied space extending for the full length of a building between the building wall  the side lot line.

VARIANCE; Such departure from the terms of this ordinance as the Board, upon appeal in specific cases is empowered to authorize under the terms herein.

 

ARTICLE XII AMENDMENTS, VALIDITY, REPEALER, AND EFFECTIVE DATE

 

Section 12.00 - Amendments - This ordinance may from time to time be changed by amendment, addition, or repeal by the City Council in a manner provided for in Chapter 40A of the General Laws and any amend­ments therein.

 

Section 12.01 - Validity - The invalidity, unconstitutionality, or illegality of any provision of this ordinance or boundary shown on the Zoning Map shall not have any effect on the validity, consitutionality, or legality of any other provision or boundary of this ordinance.

 

Section 12.02 - Repealer - The Zoning Ordinance of the City of Woburn, Mass­achusetts passed by the City Council on August 22, 1962 and any subsequent amendments thereto are repealed in whole.

 

A TRUE COPY:                                                                     John J. Ryan Jr.

ATTEST:                                                                                City Clerk and the Clerk of the City Council

C.C. #32