Town of Essex, MA - CHAPTER VI-ZONING

The power of the town to adopt acts concerning zoning is

contained in M.G.L.A 40A et seq.

6-1 SHORT TITLE.

This chapter shall be known and may be cited as the zoning by-laws of the Town of Essex.

This chapter is enacted in accordance with the provisions of Chapter 40A, Massachusetts General Laws, for the purpose of promoting the health, safety, and welfare of the inhabitants of the town.

6-3 DEFINITIONS.

6-3.1 GENERAL. Except as specifically designated herein, all words used in this chapter shall carry their customary dictionary meanings. The word "lot" shall include the words "plot" and "parcel". The word "building" shall include the word "structure". The terms "used" or "occupied" as applied to any land or building shall be construed to mean also, "intended, arranged or designed to be used or occupied."

6-3.2 ABUTTER. Owners of property located across a street or road from any premises shall be considered to be abutters as well as the owners of adjoining abutting property.

6-3.3 ACCESSORY BUILDING. A building on the same lot with and of a nature customarily subordinate to, and physically separated from the principal building.

6-3.4 ACCESSORY USE. A subordinate use of land or buildings which is customarily incidental to the main building or to the principle use of the land and which is located on the same lot with the principle building or use.

6-3.5 AQUIFIR. A geologic formation composed of rock or sand and gravel that contains significant amounts of potentially recoverable potable water.

6-3.6 AUTOMOBILE OR MOTOR VEHICLE JUNK YARD. An area occupied by two or more unregistered, unserviceable, discarded or junked automotive vehicles or bodies, engines or other parts sufficient in bulk to equal two vehicles.

6-3.7 BILLBOARDS. A structure, either freestanding or affixed to a building, the surface of which is for hire for advertising purposes.

6-3.8 BUILDING AREA. The portion of a lot remaining after required yards have been provided.

6-3.9 BUILDING. Any structure affording shelter.

6-3.10 BUILDING HEIGHT. The vertical height from the sidewalk or finished grade at the center of the front of the building to the highest point of the roof surface, if a flat roof; to the deck line

for mansard roofs; and to the mean height between eaves and ridges for gables, hip, and gambrel roofs.

6-3.11 DWELLING, SINGLE FAMILY. A detached residential dwelling unit, other than a mobile home, designated for and occupied by one family only.

6-3.12 DWELLING, TWO-FAMILY. A detached residential building containing two dwelling units, designed for occupancy by not more than two families.

6-3.13 DWELLING UNIT. A room or suite of rooms used by one family as a habitation which is separate from other rooms or suites of rooms and which contains independent cooking and sleeping facilities.

6-3.14 FAMILY. Persons occupying a dwelling unit who are related to each other by blood, adoption or marriage in no less than the second degree.

6-3.15 GROUNDWATER. All the water found beneath the surface of the ground (in this Bylaw, the term refers to the slowly moving subsurface water present in aquifirs and recharge areas).

6-3.16 HAZARDOUS MATERIALS.

a. A product, a waste or a combination of substances which because of quantity, concentration, or physical or chemical, or infectious or radioactive characteristics may reasonably pose, in the determination of the enforcing authority, a substantial present or potential hazard to human health, safety or welfare, or the environment when improperly treated, stored, transported, used or disposed of, or otherwise managed:

b. Any substance which may create a special hazard in the event of a spill, leak, fire or exposure, and;

c. All substances deemed to be hazardous waste as defined in M.G.L. Chapter 21C, s.2 and the Hazardous Waste Regulations promulgated thereunder by Massachusetts Department of Environmental Protection ("D.E.P.") at 310 CMR 30.010 in amounts in excess of that normally used in household maintenance or other materials which are listed as toxic, hazardous or a priority pollutant by the United States Environmental Protection Agency under any of the following laws: (1) Toxic Substances Control Act, 15 U.S.C s.2601 et seq.; (2) Federal Insecticide Fungicide and Rodenticide Act, 7 U.S.C. s.136 et seq.; (3) Resource Conservation and Recovery Act of 1976, 42 U.S.C. s.6901 et seq.; (4) Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. 2.9601 et seq.; and (5) Federal Water Pollution Control Act, 33 U.S.C. s.1251, et seq."

6-3.17 HOME OCCUPATION. Any commercial activity which is conducted as an accessory use within the confines of Section 6-6.2 or 6-6.3.

6-3.18 IMPERVIOUS SURFACE. Material on the ground that does not allow surface water to penetrate into the soil.

6-3.19 INDUSTRIAL LAND USE - CLASS A. Land on which there is located a building used for manufacturing purposes which is greater than 2,500

square feet in are or within which 12 or more people are employed on one eight-hour shift.

6-3.19a INDUSTRIAL LAND USE - CLASS B. Land on which there is located a building used for manufacturing purposes which is less than 2,500 square feet in area and within which 11 or less people are employed on any one eight-hour shift.

6-3.20 JUNK. Waste or discarded material which may be treated or prepared to be used again in another form.

6-3.21 JUNK YARD. An open area used for storage, keeping, sorting, processing, baling or abandonment of junk including but not limited to scrap metals or other materials such as paper, rags, bottles, automobile or other vehicles, machinery or parts thereof.

6-3.22 LEACHABLE WASTES. Waste materials including solid wastes, sewage, and sludge that are capable of releasing water-borne contaminants to the surrounding environment.

6-3.23 LOT. For purposes of this chapter, a lot is a registered or recorded parcel of land of at least sufficient size to meet minimum land-use requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on a way or a street. In computing the area of a lot for the purposes of dimensional requirements set forth in Section 6-6, tidal marshlands and wetlands, as defined by Chapter 131, Section 40 of the MGL Wetlands Protection Act. as “bogs”, “coastal wetlands”, “freshwater wetlands”, “swamps”, “wet meadows”, and “marshes”, shall be excluded. Delineation of wetlands and tidal marshlands is required on all plans submitted for review, and shall be drawn and certified by a professional engineer or land surveyor.

6-3.24 LOT OF RECORD. Land designated as a separate and distinct parcel in a legally recorded deed and plan filed in the records of the county.

6-3.25 LOT FRONTAGE. The front of a lot shall be construed to be the portion nearest the street where reasonable and adequate access to the required parking facilities and principal buildings can be provided. The minimum property depth required for computing the frontage shall be the minimum front yard requirements as measured perpendicular to the street which frontage is claimed. For the purposes of determining yard requirements on corner lots, all sides of the lot adjacent to the streets shall be considered frontage, and yards shall be provided as indicated under “Yards” in this section.

a. FRONT. The line separating any lot from a street.

b. REAR. A lot line which is opposite and most distant from the front line. In the case of a triangular or irregular lot, a line ten feet long within the lot, parallel to and farthest from the front line.

c. SIDE. Any lot line not a front or rear lot line.

6-3.27 LOT MEASUREMENTS.

a. DEPTH. Depth of a lot shall be considered to be the distance between the midpoint of straight lines connecting the foremost points of the side lot line in front and the rearmost points of a side lot line in the rear.

b. WIDTH. Width of a lot shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard.

6-3.28 MINING OF LAND. The removal or relocation of geologic materials such as topsoil, sand, gravel, or metallic ores or bedrock.

6-3.29 NONCONFORMING USE. Any structure or use which does not meet the requirements of this chapter.

6-3.29a NONCONFORMING USE, PREEXISTING. A structure or use lawfully in existence, lawfully begun, or a building permit having been applied for before the first notice of the public hearing on such ordinance or bylaw whose adoption has rendered the structure, use or permit nonconforming.

6-3.30 PARKING SPACE, OFF STREET. For the purposes of this chapter, an off-street parking space shall consist of a space adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or way and maneuvering room. Such space and appropriate maneuvering room shall be provided at approximately 300 square feet of individual space.

6-3.31 PRINCIPLE OFFICERS. The board of selectmen shall be the principle officers.

6-3.32 RECHARGE AREAS. Areas comprised of permeable stratified sand and gravel and certain wetlands that collect precipitation or surface water and carry it to aquifirs.

6-3.33 SIGN. Any notice of advertisement, pictorial or otherwise, used as an out-of-doors display for the purpose of making anything known.

6-3.33 SOLID WASTE. Useless, unwanted, or discarded solid material with insufficient liquid content to be free flowing. This includes but is not limited to rubbish, garbage, scrap materials, junk refuse, inert fill material and landscape refuse.

6-3.35 STORY. That portion of a building included between the surface of any floor and the surface of the floor or the roof next above it. A basement shall be considered as a story for the purpose of height measurement where more than one-half of its height is above the average level of the adjoining ground.

6-3.36 STREET. A public thoroughfare 30 feet or more in width established or maintained under public authority or a recorded way plotted and laid out for public use and which affords principle means of access to abutting property. No new street shall be less than 44 feet in width.

6-3.37 STREET-LINE. The right-of-way line of a street.

6-3.38 STRUCTURE. Anything constructed or erected of more than one member requiring a fixed location on the ground.

6-3.38a TRAILER. A building or structure designed, made, built, or used as a mobile home or trailer home or like building by whatever name so-called, or having the appearance of such a structure or building, which is used as a dwelling.

6-3.39 VARIANCE. A relaxation of the requirements of this chapter where such variance will not be contrary to the public interest and owing to conditions peculiar to the property and not the result of the actions of the applicant, and where a literal enforcement of this

chapter would result in unnecessary and undue hardship.

6-3.40 YARD. A required open unoccupied and unobstructed by any structure or portion of a structure from 30 inches above the general ground level of the graded lot upward, provided that fences, walls poles, posts and other customary yard accessories, ornament and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction and visibility.

6-3.41 YARD, FRONT. A required yard adjoining the front lot line, extending unobstructed between the side lot lines across the front of a lot between the principle building and the street.

6-3.42 YARD, REAR. A required yard adjoining the rear lot line, extending across the full width of the lot behind the principle building.

6-3.43 YARD, SIDE. A required yard adjoining a side lot line extending from the front to the rear yard.

6-3.44 ZONING MAP. A map of the town is on file at the selectmen's office.

6-3.45 DWELLING, MULTI-FAMILY. A residential building designed to provide or otherwise accommodating three or more dwelling units, each independent of the others with independent cooking and toilet facilities, and specially permitted by special permit. A multi-family dwelling is not otherwise permitted or permissible under this chapter.

6-4 GENERAL PROVISIONS.

6-4.1 CONFORMING USE. No building or structure shall be erected, altered, enlarged, moved or used, and no land shall be used except in conformity to the provisions of this chapter. The provisions of this chapter shall apply equally to all uses of land and to all buildings and structures.

6-4.2 EXISTING NONCONFORMING USES. Any building or structure or use of a building, structure, a building with its adjuncts, or premises existing on or immediately previous to June 7, 1972, even if not in conformity with its provisions, may be continued, maintained, and rebuilt if damaged or destroyed, provided that such rebuilding takes place within two years of such damage or destruction. If authorized by the planning board said structure or uses may be extended or altered, provided that no such extension or alteration shall be permitted unless there is a finding by the planning board that the proposed extension or alteration shall not be substantially more detrimental than the existing nonconforming use to the neighborhood.

Extension of the time limit for rebuilding as herein provided may be granted upon proper application to the planning board where in the opinion of the board a delay in the reconstruction is caused by circumstances beyond the control of the owner.

A nonconforming use shall be deemed to be extended throughout any part of a building which were manifestly arranged or designed for such use on June 7, 1972, but no such use shall be extended to occupy any land outside such building without a permit from the planning board.

6-4.3 PREEXISTING NONCONFORMING USES. Any preexisting nonconforming use may be continued, maintained, and rebuilt if damaged or destroyed provided that such rebuilding takes place within two years of such damage or destruction. If authorized by the Planning Board said structure or uses may be extended or altered, provided that no such extension or alteration shall be permitted unless there is a finding by the Planning Board that the proposed extension or alteration shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. Alteration, reconstruction, extension or structural change to a single family or two-family residential structure which does not increase the nonconforming nature of said structure shall be permitted as a matter of right and not subject to said finding by the Planning Board. A preexisting nonconforming use shall be deemed to be extended throughout any part of a building which was manifestly arranged or designed for such use at the time said use was rendered nonconforming by changes in ordinances or bylaws. Extension of the time limit for rebuilding as herein provided may be granted upon prior application to the Planning Board where in the opinion of the board a delay in the reconstruction is caused by circumstances beyond the control of the owner.

6-4.4 ABANDONMENT. A nonconforming use which has been abandoned or discontinued for a period of two consecutive years shall not be re-established, and any future use shall conform with all applicable provisions of this zoning bylaw, except in the case of land used for agriculture.

6-5 SUPPLEMENTARY PROVISIONS.

6-5.1 RELATION OF BUILDINGS TO LOTS. Every building erected after June 7, 1972 shall be located on a lot as defined in subsection 6-3.23, and so located on the lot to provide safe and convenient access for fire protection and required off-street parking.

6-5.2 PROHIBITED USE OF OPEN SPACE. No part of a yard or open space required about any building according to this chapter shall be included as a part of the yard or open space required for any other building.

6-5.3 SUPPLEMENTARY HEIGHT PROVISIONS. The provisions of this chapter governing the height of buildings shall not apply to chimneys, cooling towers, elevator bulkheads, skylights, ventilators, and other necessary appurtenances carried above the roofs, nor stacks or spires if not used for human occupancy and not more than 25 percent of the ground floor area of the building, nor to observation towers, television and radio towers and antennae, nor to churches or public or institutional buildings.

6-5.4 VISIBILITY AT INTERSECTIONS. On a corner lot no obstruction shall be erected, placed, planted or allowed to grow at or near an intersection of two streets or ways in such a manner as to materially impede the vision of those using the ways.

6-5.5 ERECTION OF MORE THAN ONE PRINCIPLE STRUCTURE ON A LOT. More than one structure which is housing a permitted or permissible use may be erected on a single lot provided that yard and lot requirements of this chapter be met. Notwithstanding the preceding, a maximum of three principle residential structures may be erected on a single lot provided that they house in the aggregate no more than three dwelling units, that lot area equal to that required for a single structure could be allotted to each structure, and that yard and lot coverage requirements of this chapter be met.

6-5.6 SCREENING OF OPEN USES. An area outside of a completely enclosed building which is occupied by the following uses shall be completely screened, except for access, by means of a sightly fence, or densely planted screen of evergreen shrubs or trees at least six feet in height.

a. Storage yards, where such occupancy is located within 50 feet of any residential property.

b. Vehicle and machinery storage yards.

6-5.7 FENCING OF SWIMMING POOLS REQUIRED.

a. Any person owning land in the Town on which there is situated a swimming pool, in-ground or above-ground, shall erect and maintain thereon an adequate enclosure either surrounding the property or pool area, sufficient to make the pool inaccessible to small children. Any such enclosure, including gates therein, must be not less than four (4) feet above the underlying ground. All gates must be self-latching with latches placed at least four (4) feet above the underlying ground or otherwise made inaccessible from the outside to small children. Any such enclosure shall be located at least a distance of five (5) feet away from the pool. Fences located on above-ground pool decks shall not be considered as meeting the requirements of this section unless specifically approved by the inspector of buildings. Above-ground pools with a wall height of five (5) feet or more will be exempt from the fencing requirement, but a gate must be placed around the access to any such pool.

b. Any and all doors opening directly into the enclosed pool area from the living area of the dwelling shall be equipped with an audible alarm which will sound for at least ten seconds when the door and/or screen door is opened.

c. This section shall apply retroactively to all in-ground and above-ground pools within the Town. Pre-existing, lawfully installed pools may be exempt from the above requirements if enclosures are provided which offer the same degree of protection as above and are acceptable to the inspector of buildings.

6-5.8 OFF-STREET PARKING REQUIREMENTS; LOADING DOCKS. Off-street parking by means of open air spaces each having an area not less than 200 square feet, plus necessary maneuvering space, or by garage space, shall be provided and maintained in accordance with the following

minimum requirements;

a. RESIDENTIAL STRUCTURES. One parking space for each dwelling unit.

b. MULTI-FAMILY DWELLING AND/OR APARTMENT USE. One and one half parking spaces for each bedroom.

c. MOTELS AND HOTELS. One parking space for each sleeping unit.

d. BOARDING AND LODGING HOUSES. One parking space for each two guest room.

e. HOSPITALS, NURSING HOMES. One parking space for each 500 square feet or major fraction thereof of floor area, exclusive of cellar.

f. AUDITORIUMS, THEATERS, ASSEMBLY HALLS, FUNERAL HOMES, CHURCHES. One parking space for each 100 square feet of assembly space.

g. FRATERNITIES, PRIVATE CLUBS AND LODGES. One parking space for each five members.

h. RETAIL STORE. One parking space for each 150 square feet, or major fraction thereof of first floor retail space; and one parking space for each 400 square feet of retail space or major fraction thereof for each floor above the first floor.

i. RESTAURANTS. One parking space for each 100 square feet or major fraction thereof of floor area not used for storage or food preparation.

j. OFFICES, PROFESSIONAL AND PUBLIC BUILDINGS. One parking space for each 300 square feet or major fraction thereof of floor area, exclusive of cellar.

k. BUSINESS, MANUFACTURING AND INDUSTRIAL BUILDINGS NOT CATERING TO RETAIL TRADE. One parking space for each 500 square feet of floor area or major fraction thereof.

6-5.9 PARKING LOTS. When a required off-street parking space is in the form of a parking lot or other open air parking space, it shall not be located within five feet of any lot line or, if located within a front yard, within thirty feet of the street line. Any such parking shall be located not more than 200 feet from the building to which it is assigned.

6-5.10 SIGNS AND BILLBOARDS.

a. BILLBOARDS. Billboards shall not be permitted in the town of Essex.

b. PUBLIC SAFETY PROVISIONS. In the interest of public safety, the following signs and devices are not permitted;

1. Signs with moving parts or flashing lights which suggest motion.

2. Flashing illuminated signs.

3. Noisemaking signs.

4. Signs so located or colored or illuminated in any manner to attract attention from or obscure a traffic light or sign or to reduce in any way its visibility and effect.

5. Signs within view of a public street or highway so placed in such manner as to obstruct clear vision in any direction.

6. Any device illuminating a sign which directs light toward a public way in such a manner as to cast its beams into the eyes of the oncoming motorist or pedestrians.

c. NONCONFORMING SIGNS. All signs in violation of this chapter, except as to size and number limitations, shall be removed or made conforming within one year from June 7, 1972. Any change of use or ownership shall require conformity to all sign regulations in this chapter within 30 days, Signs required for public safety shall not be included in total sign area.

d. MEASUREMENT. Area limitations refer to the total sign area. In computing area only one side of a double-faced sign is to be included. Signs within a building are not included.

6-5.11 UNREGISTERED AND INOPERATIVE MOTOR VEHICLES; JUNK YARDS.

a. There shall be no unregistered or inoperative motor vehicles permitted in a front yard.

b. No more than two operative unregistered motor vehicles shall be permitted in a back yard or side yard.

c. No inoperative cars shall be allowed unless they are in an enclosed building or screened from public view.

d. Junk yards, as defined in subsection 6-3.6 shall not be permitted in the town.

a. No trailer shall be placed, moved, erected, or allowed to remain upon a lot for more than three months.

b. The Board of Selectmen for cause may grant a license for a trailer for more than three months, but not to exceed one year.

6-5.13 INFLUENCE OF VACANT LOTS ON ADJOINING LOTS. Where

dimensional or other requirements for a use of a lot are influenced by the land use on adjoining lots, any adjoining lot not occupied by a use specified in subsection 6-6.1 of this chapter shall assume the character of the lot being influenced for purposes of determining the aforementioned requirements.

No person shall hot top or construct a driveway or entrance from the traveled portion or from the curb of any public street or way for purpose of passing to or from abutting property, nor cut any curbing with out applying for and receiving a permit from the Department of Public Works, under conditions and restrictions the D.P.W. commissioner deem proper.

Common Driveways. Access driveways may be shared by no more than three lots with approved frontage on a public way. No building permits will be issued unless the following has been complied with:

Curb cut approval has been obtained in accordance with a. above.

A common driveway shall lie entirely within the lots to which it provides access, and shall comply with the minimum standards stated in c. below.

No building permit shall be issued for any lot with access by a common driveway until an easement running with the land in perpetuity providing for maintenance and snow removal is executed by the owner(s) of the lots sharing the driveway, recorded at the Registry of Deeds, and evidence thereof is submitted to the Building inspector.

Common driveways may never be used to satisfy zoning frontage requirements.

Permanent signs shall be installed indicating the assigned street address of all lots. Signs shall be placed within 10 feet of the intersections with the public way and individual driveways served by the driveway.

Minimum driveway standards for new common driveways.

Driveway access to the dwelling or other building site shall be indicated on the plans submitted to the Building inspector at the time of Building permit application.

Driveways shall provide both access and turnaround for vehicles including moving vans, ambulance, fire and police vehicles without substantial hardship in construction. Such a driveway shall have:

Width of at least 12 feet, but shall be cleared to a width of at least 14 feet, applicable to the portion used by more than one lot.

Centerline radius of at least 60 feet,

Maximum grade of 10 percent

Adequate clearing at the intersection of the public way to provide a minimum of 100 foot sight lines.

6-6 LAND USE REGULATIONS.

6-6.1 GENERAL. Residential, business, motel and hotel, and industrial land uses shall be permitted provided that they conform to the requirements for the use contemplated as hereafter specified for each use.

6-6.2 RESIDENTIAL LAND USES, SINGLE FAMILY.

a. DIMENSIONAL REQUIREMENTS.

1. Lot area 40,000 square feet minimum. Lot area for land on street in existence on June 7, 1972, minimum 30,000 square feet.

2. Lot frontage minimum 150 feet.

3. Lot width minimum 150 feet.

4. Lot depth minimum 100 feet.

5. Front yard, all buildings, minimum 25 feet.

6. Side yard, principle building, minimum 20 feet.

7. Side yard, accessory building, minimum 10 feet.

8. Rear yard, principle building, minimum 30 feet.

9. Rear yard, accessory building, minimum 10 feet.

10. Building height, principle building, maximum two and one-half stories or 35 feet.

11. Building height, accessory building, maximum two stories or 25 feet.

12. Lot coverage of all buildings, maximum 25 percent of lot area.

b. ACCESSORY BUILDING. Accessory buildings may be used for any purpose other than human habitation.

c. PARKING. All parking for the above use shall be a minimum of 30 feet from the street.

d. HOME OCCUPATIONS. Home occupations shall be allowed only if meeting all of the following:

1. Not more than two persons who do not reside in the dwelling unit shall be engaged in such occupation.

2. There shall be no change in the outside appearance of the building or premises, except as provided by paragraph 3 below, or other visible conduct of such home occupation other than one sign as permitted accessory use.

3. No traffic shall be generated by such home occupation in greater volumes than would be normally expected in the immediate neighborhood. The determination of such a situation shall be decided by the enforcement officer, and any need for parking generated by conduct of such occupation shall be met off the street and other than in a front yard.

4. All home businesses and occupations conducted on residential property including storage and display shall be conducted in an enclosed building, except for the display and sale of shellfish, garden or poultry produce, or small homemade handcrafted items.

5. Not more than two (2) vehicles requiring registration as taxis, buses, or commercial vehicles shall be regularly parked outdoors on the premises.

6. No commercial vehicle with registered gross weights in excess of 17,000 lbs. shall be regularly parked outdoors on the premises.

7. No more than three parking spaces, in addition to those required for residential use are allowed for the home occupation.

c. SIGNS. Signs shall be allowed provided that they are no larger than six square feet in area and that they conform to the other requirements of this chapter.

6-6.3 RESIDENTIAL LAND USE, TWO FAMILY.

a. DIMENSIONAL REQUIREMENTS.

1. Lot area minimum 40,000 square feet. Lot area for land on street in existence on June 7, 1972, minimum 30,000 square feet.

2. Lot frontage minimum 150 feet.

3. Lot width minimum 150 feet.

4. Lot depth minimum 100 feet.

5. Front yard, minimum 25 feet.

6. Side yard, principle building, minimum 20 feet.

7. Side yard, accessory building, minimum 10 feet.

8. Rear yard, principle building, minimum 30 feet.

9. Rear yard, accessory building, minimum 10 feet.

10. Building height, principle building, maximum two and one-half stories or 35 feet.

11. Building height, accessory building, maximum two stories or 25 feet.

12. Lot coverage of all buildings, maximum 25 percent of lot area.

13. Maximum dwelling unit size - One of the two dwelling units shall have no more than two bedrooms.

b. ACCESSORY BUILDINGS. Accessory buildings may be used for any purpose other than human habitation, provided that they conform to the following:

1. Accessory buildings shall be located in rear and side yards only.

c. PARKING. All parking for the above use shall be off the street and other than in the front yard.

d. HOME OCCUPATIONS. Home occupations shall be allowed only if meeting all of the following:

1. Not more than two persons who do not reside in the dwelling unit shall be engaged in such occupation.

5. Not more than two (2) vehicles requiring registration as taxis, buses, or commercial vehicles shall be regularly parked outdoors on the premises.

6. No commercial vehicle with registered gross weights in excess of 17,000 lbs. shall be regularly parked outdoors on the premises.

7. No more than three parking spaces, in addition to those required for residential use are allowed for the home occupation.

e. SIGNS. Signs shall be allowed provided that they are no larger than six square feet in area and that they conform to the other requirements of this chapter.

f. SEPTIC SYSTEM APPROVAL. Drawings of existing septic systems must be submitted for approval by the health inspector.

6-6.5 BUSINESS LAND USE.

a. DIMENSIONAL REQUIREMENTS.

1. Lot area 40,000 square feet, minimum lot areas for land on

street in existence on June 7, 1972 minimum 30,000 square

2. Lot frontage, minimum 150 feet.

3. Lot depth, minimum 100 feet.

4. Front yard, minimum 25 feet.

5. Side yard, minimum 20 feet.

6. Rear yard, minimum 50 feet.

7. Maximum lot coverage by all buildings, 25 percent.

8. Maximum height of buildings, two and one half stories or 35

9. Any non-residential project comprised of buildings which in

the aggregate occupy an area greater than ten thousand