4.1 APPLICATION OF USE REGULATIONS:
4.1.1 Except as provided in Sections 6.0 and 7.0 of this bylaw, all buildings or structures hereafter erected, reconstructed, altered, enlarged or moved, and all uses of land in the Town of Stoneham, shall be in conformity with the provisions of this Section 4.0.
4.1.2 Any use not specifically listed or otherwise permitted in a district herein established shall be deemed prohibited.
4.1.3 Uses Permitted in All Districts:
4.1.3.1 Public building or use, but not including a correctional institution or a mental hospital.
4.1.3.2 Agricultural uses including the sale of agricultural products raised in or on the subject land, provided, however, that such uses, unless permitted in accordance with Section 4.1.5.1 below, shall be limited to parcels containing at least five (5) acres.
4.1.3.3 Horticulture, floriculture, and viticulture, provided that such uses shall be limited to parcels of land containing at least five (5) acres.
4.1.4 Uses Permitted with Site Plan Approval by the Board of Selectmen:
4.1.4.1 Religious institutions, including places of worship, rectories, schools, or convents.
4.1.5 Uses Permitted in all Districts on a Special Permit Granted by the Planning Board and Site Plan Approval by Board of Selectmen: (5-8-89)
4.1.5.1 Agricultural uses including the sale of agricultural products raised in or on the subject land, on parcels containing less than five (5) acres.
4.1.5.2 Activities accessory to activities otherwise permitted within the District as a matter of right, which activities are necessary in connection with scientific research or scientific development or related production, whether or not on the same parcel as activities permitted as a matter of right.
4.1.5.3 For any permitted use, or permitted combined use, in a structure or group of structures on one building site comprising fifty thousand 50,000 square feet or more of gross floor area. (5-8-89, Art. 18)
4.1.6 Uses Prohibited in All Districts:
4.1.6.1 Race Tracks.
4.1.6.2 Tourist cabins, trailers and trailer camps.
4.1.6.3 Motels.
4.1.6.4 Quonset huts.
4.1.6.5 Carports.
4.1.6.6 The keeping of poultry, pigeons, dogs, pigs or other animals as a business, except as permitted by Section 4.7.3.5.
4.1.6.7 The removal of sod, loam, clay, gravel or stone except in conjunction with a development otherwise permitted by this bylaw and in accordance with the provisions of Section 6.8.10.
4.1.6.8 No commercial wireless communications facility, including but not limited to towers and antennas and no building or other structure utilized primarily for the installation, support or operation of a commercial wireless communications facility shall be erected, constructed or installed in the Town of Stoneham nor shall a permit for said construction be issued for a period of six months from the effective date of this by-law. This bylaw does not apply to the construction or use of facilities by a conforming federally licensed amateur radio as protected by Massachusetts General Laws C. 40A, Sec.~3 or television antennas which are accessory to a residential use.
If any section of this bylaw or portion thereof is declared invalid it shall not affect the validity or application of the remainder of the bylaw. If the six month moratorium period established hereby is determined by an authority or court of competent jurisdiction to be longer than allowed under law, the moratorium period shall be for the longest period of time allowed by law, but in no event less than three months. (5_5_97, Art.~5)
4.1.6.9 Junkyards. (10-26-98, Art. 12)
4.1.6.10 Pawnbrokers. (10-23-00, Art. 7)
4.2 RESIDENCE A DISTRICTS:
4.2.1 Purpose:
4.2.1.1 The purpose of the Residence A District is to provide family suburban residential areas with related public and semi_public uses and accessory uses thereto.
4.2.2 Uses Permitted:
4.2.2.1 One_family dwelling.
4.2.2.2 Accessory uses which are proper and usual with residences and are not injurious to a neighborhood as a place for such residences, including:
(a) Private garage for not more than three (3) cars.
(b) Private swimming pool.
(c) Accessory buildings subject to the following restrictions: (10-26-98, Art. 13)
1. Located in the rear yard or to rear of required front setback and behind actual setback line or structure.
2. Side and rear setbacks of five (5) feet, provided that the structure is a minimum of ten (10) feet from any abutting principal use or detached garage.
3. Maximum height of fifteen (15) feet.
4. Maximum gross floor area one hundred thirty (130) square feet.
(d) One (1) unregistered motor vehicle per lot; provided that it is not a commercial vehicle with a gross vehicle weight greater than seventeen thousand five hundred (17,500) pounds and that this provision shall not be applicable to any unregistered motor vehicle housed exclusively in a garage on the premises. (10-26-98, Art. 13)
(e)Parking of a commercial vehicle with a registered gross vehicle weight of no greater than seventeen thousand five hundred (17,500) pounds. (10_26_98, Art.~13)
Provided, however, that an accessory building or other building, if located in the rear of the principal building with no direct frontage on a public or private way, shall not be used for residence purposes.
4.2.2.3 Home occupations or professional offices, provided that:
(a) Not more than one (1) non_resident shall be employed therein.
(b)The use is carried on strictly within the principal building.
(c)Not more than forty (40) percent of the existing gross floor area, but not to exceed five hundred (500) square feet, is devoted to such use.
(d)That there shall be no display of goods, wares, or equipment visible from the street.
(e)There shall be no advertising on the premises other than a small non_electrical sign not to exceed one (1) square foot in area and carrying only the name and occupation of any occupant of the premises such as artisan, tutor, day nurse, lawyer, architect, engineer, clergyman, accoun-tant and similar occupations or professions.
(f) The buildings or premises occupied shall not be rendered objection-able or detrimental to the residential character of the neighborhood due to the exterior appearance, emission of odor, gas, smoke, dust, noise, electrical disturbance or in any other way.
(g) The building shall include no features of design not customary in buildings for residential use.
(h) Such use as physicians, osteopaths, dentists, clinics, barber shops, beauty parlors, tea rooms, real estate offices, tourist homes, animal hospitals, kennels, animal services and others of a similar nature offering services to the public shall not be considered home occupations.
4.2.3 Uses Permitted with Variances Granted by the Board of Appeals:
4.2.3.1 Conversion of an existing dwelling to accommodate more than one (1) dwelling unit, provided that:
(a) The building was in existence at the time of adoption of this Section.
(b) In addition to the requirements of Section 5.0, there shall be a lot area equivalent to the minimum lot area required within the District for each dwelling unit.
(c) In addition to the requirements in Section 6.0, there shall be at least one (1) off_street parking space for each bedroom or efficiency unit in the converted portion of the structure.
(d) Each unit shall be a complete and independent dwelling unit.
(e) The exterior appearance of the structure shall not be altered except for:
1. Stairways and exits required by law.
2. Restoration consistent with the original architecture of the structure.
3. Additions in the rear or side yards which are not visible from the street and which are not more than ten (10) percent of the original floor area.
Cross-reference—Unlawfully parking large vehicles on street, Sec.~8-8.
4.2.4 Uses Permitted on a Special Permit Granted by the Planning Board:
4.2.4.1 Accessory Dwellings (family apartments)
(a) Owner occupancy required: The owner(s) of the single-family lot and dwelling upon which the accessory dwelling unit, or family apartment, is located or to be located shall occupy at least one (1) of the dwelling units on the subject property. The Special Permit shall be issued to the owner of the subject property and shall be filed with the Registry of Deeds and the Planning Board shall forward a copy to the Inspector of Buildings. In the event there is a change in ownership of the subject property via a transfer to a family member an amendment to the Special Permit must be applied for. The Planning Board retains rights of rescission should any portion of conditions be violated.
(b) In the event a change in residence of either family member occurs, or a conveyance occurs that is to someone other than a family member, or a voluntary surrender of the Special Permit, the subject property will automatically revert to a single family dwelling and no longer enjoy the rights granted under the Special Permit that allowed for the accessory dwelling. This does not preclude a new application for a Special Permit in accordance with the described use at any time in the future.
(c) The gross floor area of the accessory dwelling, or family apartment, shall not exceed 750 square feet under any circumstance or condition. The accessory dwelling unit must be attached to the subject property primary dwelling unit by way of minimum shared wall coverage of 75% (of length). In addition all utility services shall be single service (meter) to the subject property primary dwelling and accessory dwelling.
(d) One additional parking space shall be provided for the accessory dwelling, or family apartment, in addition to a minimum of two spaces for the principal unit, or other parking requirements as determined by the Planning Board.
(e) Occupancy of the accessory dwelling, or family apartment, shall be limited to two people and may not be used for business or commercial purposes.
(f) A deed restriction for the affected lot must be filed with the Registry of Deeds to the effect that principal dwelling or accessory dwelling, or family apartment, be owner occupied as a condition for the issuance of an occupancy permit for the subject accessory dwelling, or family apartment.
(g) Construction and occupancy of the accessory dwelling, or family apartment shall comply with all applicable state, federal, and local laws and regulations. No Certificate of Occupancy shall be issued until evidence of the recording of the Special Permit and Deed Restriction has been provided to the Planning Board and Building Inspector.
(h) Ownership of the principal dwelling and the accessory dwelling, or family apartment, shall be one and the same, and may not be separated. There shall be one accessory dwelling allowed per single family dwelling. There is to be no other apartment or accessory dwelling unit on the subject lot. (10-27-03, Art. 21)
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