TABLE OF CONTENTS

Zoning By-Laws
Town of Saugus

ARTICLE I
TITLE, AUTHORITY, AND PURPOSE

SECTION 1.1 - TITLE.

This By-Law shall be known and may be cited as the "Zoning By-Law" of the Town of Saugus, Massachusetts", hereinafter referred to as "this By-Law".

SECTION 1.2 - AUTHORITY.

This By-Law is adopted pursuant to the provisions of amendments thereto, herein referred to as the "Zoning Act".

SECTION 1.3 - PURPOSE.

This By-Law is enacted for the following purposes: to lessen congestion in the streets; to conserve health; to secure safety from fire, flood, panic, and other dangers; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; to encourage the most appropriate use of land throughout the Town; to preserve and increase its amenities and to encourage an orderly expansion of the tax base by utilization, development and redevelopment of land. This By-Law shall give direction and regulate the use of land, buildings and structures in the interest of the present and future inhabitants of the Town of Saugus.

ARTICLE II
INTERPRETATION AND APPLICATION

SECTION 2.1 - INTERPRETATION.

The provisions of this By-Law shall be interpreted to be the minimum requirements adopted for the promotion of the health, safety, morals, or the general welfare of the Town of Saugus, Massachusetts; and except for the Zoning By-Laws of the Town of Saugus dated 1929 and all amendments thereto, the provisions of this By-Law are not intended to amend, annul, abrogate, or in any way impair or interfere with any lawfully adopted By-Law, covenants, regulations or rules. Whenever the regulations made under the Authority hereof differ from those prescribed by any statute, By-Law, or other regulation, that provision that imposes the greater restriction or the higher standard shall govern.

SECTION 2.2 - APPLICATION.

Except as herein provided, or as specifically exempt by the Zoning Act, the provisions of this By-Law shall apply to the erection, construction, reconstruction, alteration, or use of buildings and structures or use of land.Except as herein provided, any existing conforming use, structure, or lot shall not by any action become nonconforming and any existing nonconforming use, structure, or lot shall not become further nonconforming.

SECTION 2.3 - EXISTING BUILDINGS AND LAND.

This By-Law shall not apply to existing buildings and structures, nor to the existing use of any building or of land, to the extent to which it is legally used at the time of adoption of this By-Law, but it shall apply to any change or substantial extension of such use and to any structure and to any alteration of a building or structure to provide for its use for a substantially different purpose or for the same purpose in a substantially different manner or to a substantially greater extent, except as hereinafter provided.

ARTICLE III
DEFINITIONS

SECTION 3.1 - GENERAL.

For the purpose of this By-Law, certain terms and words shall have the following meaning: words used in the present tense include the future; the singular number includes the plural, 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 State Building code or Subdivision Regulations shall have the meanings given therein unless a contrary intention clearly appears. Uses listed in the Table of Use Regulations under the classes Retail Service -- Comm. and Wholesale Transportation and Industrial shall be further defined by the Standard Industrial Classification Manual published by the U.S. Bureau of the Census.

Abandonment

The cessation of a nonconforming use as indicated by the visible or otherwise apparent intention of an owner to discontinue a nonconforming use of a structure or lot; or the replacement of a nonconforming use or structure by a conforming use or structure.

Apartment House

A building designed, intended, or used as the home or residence of three or more families, each in a separate but attached dwelling unit, living independently of each other and who have a common right in halls, stairways and amenities.

Basement

A portion of a building, partly below grade, that has more than one-half of its height, measured from finished floor to finished ceiling, above the average finished grade of the ground adjoining the building. A basement is not considered a story unless its ceiling is six feet or more above the finished grade.

Building, Accessory

A detached building, the use of which is customarily incidental and subordinate to that of the principal building. All accessory buildings shall be located on the same lot as that occupied by the principal building, except in the case of buildings accessory to scientific research, development or related production.

Building Area

The aggregate of the maximum horizontal cross-section area of all buildings on lot exclusive of cornices, eaves, gutters, chimneys, unenclosed porches, bay windows, balconies and terraces, expressed as a percentage of total lot area.

Building, Attached

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

Building, Detached

A building having open space on all sides.

Building, Nonconforming

A building lawfully existing at the time of adoption of this By-Law, or any subsequent amendment thereto, that does not conform to one or more of the applicable dimensional and density regulations for the district in which the building is located.

Cellar

A portion of a building, partly or entirely below grade, that has more than one half of its height measured from finished floor to finished ceiling, below the average established finished grade of the ground adjoining the building. A cellar is not deemed a story.

Common Land

A parcel or parcels of land area within the site designated for a Cluster or Multi-Density Apartment use, maintained and preserved for open use, and designed and intended for the use and enjoyment of residents of these developments, but not including parking areas, or public or private ways. Common land may contain structures and improvements as are necessary and appropriate for the recreational benefit and enjoyment of such residents.

Conservation Easement

A property interest that limits the future use of an area of land in order to retain it in its natural, scenic or open condition or in agricultural, farming or forest use.

Contractors Yard

An area of land used for the storage of material and/or equipment used in the construction industry (including highway and landscaping). For the purpose of this By-Law a single vehicle used by the owner for the storage of small items of material and equipment that are used on a day by day basis in carrying out his trade, and/or used by the owner for transportation purposes, shall not be classified as construction equipment.

District

A zoning district as established by Article IV of this By-Law.

Driveway

An open space, located on a lot, that is not more than 24 feet in width built for access to a garage, or off-street parking or loading space.

Dwelling

A privately or publicly owned permanent structure, whether owned by one or more persons or in condominium, that is occupied in whole or in part as the home residence or sleeping place of one or more persons. The terms "one-family", "two-family" or "multi-family" dwelling shall not include hotel, lodging house, hospital, membership club, mobile home, or dormitory.

Dwelling, General Residence

A building containing two dwelling units constructed (attached) on a single lot.

Dwelling, Multi-family

A building containing three or more dwelling units and including apartment house, garden apartment house and town houses.

Essential Services

Services provided by public utility or governmental agencies through erection, construction, alteration, or maintenance of gas, electrical, steam, or water transmission and distribution systems. Facilities necessary for the provision of essential services include 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. Specifically excluded from this definition are buildings necessary for the furnishing of adequate service by such public utility or governmental agencies for the public health, safety or general welfare.

Family

One or more persons, including domestic employees, occupying a dwelling unit and living and cooking together as a single, non-profit housekeeping unit.

Flood Line

The limits of flooding from a particular body of water caused by a storm whose frequency of occurrence is once in twenty-five or more years as determined and certified by a registered professional engineer, qualified in drainage.

Floodway

The area subject to periodic flooding, the limits of which are determined by the flood line.

Frontage

The distance measured along the property line that divides a lot from a right-of-way, and between the points of intersection of the side lot lines and right-of-way. To be considered as frontage, this distance shall be continuous and must at all points have at least a minimum front yard depth (setback) required in the Table of Dimensional and Density Regulations for the district; same at Lot Width (see definition).

Height

The vertical distance from the average finished grade of the adjacent ground to the top of the structure of the highest roof beams of a fiat roof, or the mean level of the highest gable or slope of a hip roof, but not to exceed ninety (90) feet.

High Rise

Any building that may have a height of greater than forty (40) feet.

Home Occupation

An accessory use that by custom has been carried on entirely within a dwelling unit, and is incidental and subordinate to the dwelling use and that shall not occupy more than 30 percent of the gross floor area or 700 square feet, whichever is less, of the dwelling units used. In connection with such use, there is to be kept no stock in trade nor commodities sold on the premises. Such use shall be carried on by the occupants of the dwelling unit with not more than one nonresident employee, occupants of the dwelling unit with not more than one nonresident employee, and shall not in any manner change the residential character of the building.

Hospital

A building providing 24-hour in-patient services for the diagnosis, treatment or other care of human ailments including a sanitarium, sanitarium clinic, rest home, nursing home and convalescent home.

Hospital, Veterinary

A building providing for the diagnosis and treatment of ailments of animals other than human, including facilities for overnight care.

Hotel

A building or any part of a building containing rooming units without individual cooking facilities for transient occupancy and having a common entrance or entrances including an inn, motel, motor inn and tourist court, but not including a boarding house, lodging house or rooming house.

Junk

Any worn out, castoff, or discarded articles or material that is ready for destruction or has been collected or stored for salvage or conversion to some use.

Junk Yard

The use of more than 200 square feet of the area of any lot, whether inside or outside of a building, or the use of any portion of any lot that joins any street, for the storage, keeping or abandonment of junk.

Loading Space

An off-street space used for loading or unloading, not less than 14 feet in width, 45 feet in length and 14 feet in height, and containing not less than 1,300 square feet including both access and maneuvering area.

Lodging Unit

One or more rooms 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 rooms in boarding houses, tourist houses, or rooming houses.

Lot

An area or parcel of land with definite boundaries, used or available for use, as the site of one or more buildings. For purpose of this By-Law, a lot shall have boundaries identical with those recorded in the Essex County Registry of Deeds.

Lot, Corner

A lot at the point of intersection of and abutting on two or more intersecting streets, the interior angle or intersection of the street lot lines, or in case of a curved 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 (right-of-way) or designated way.

Lot Line, Rear

The lot line opposite from the front lot line.

Lot Line, Side

Any lot line not a front or rear lot line.

Lot, Nonconforming

A lot lawfully existing that is not in accordance with all provisions of this By-Law.

Lot Width

The horizontal distance between the side lot lines as measured at the minimum front yard depth required by this By-Law; same as Frontage (see definition).

Membership Club

A social, sports or fraternal association or organization that is used exclusively by members and their guests.

Open Space

The space on a lot unoccupied by buildings or structures, unobstructed to the sky by man-made objects other than walks, swimming pools, terraced areas, and tennis courts, not devoted to streets, driveways, off-street parking or loading spaces and expressed as a percentage of total lot area.

Parking Space

An off-street space of at least 10 feet in width and 20 feet in length, having an area not less than 300 square feet, that includes access and maneuvering space, whether inside or outside a structure for exclusive use as a parking stall for one motor vehicle. Minimum space dimensions of nine (9) feet in width and eighteen (18) feet in length are permitted on lots with at least twenty percent (20%) non-wetland*, Open Space.

Quarrying

The business or occupation of extracting stone from an open excavation. Quarrying does not include the excavation and removal of sand and gravel.

Setback

The shortest horizontal distance from the front lot line to the nearest building wall or part other than projecting eaves and by windows. Open and enclosed piazzas shall constitute a part of the house or structure.

Sign

See definitions under Article VII - Section 7.2: Signs.

Street

A way that is over 20 feet in right-of-way width that is dedicated or devoted to public use by legal mapping or by any other lawful procedure.

Structure, Nonconforming

A structure lawfully existing that does not conform to one or more provisions of this ordinance.

Swimming Pool, Residential

A body of water contained in an artificial or semi-artificial receptacle, whether in or above ground, or created by artificial means from a natural water course, and all appurtenances, appliances, and other facilities for its operation or use, used or intended to be used for swimming, wading or recreational bathing, but not including pools incapable of containing a depth of water exceeding twenty-four (24) inches at any point.

Town House

A row of at least three one-family attached dwelling units whose side walls are separated from other dwelling by a fire wall or walls. Each unit in the row may be owned by a separate owner if in condominium.

Trailer

A highway vehicle designed to be hauled.

Use

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

Use, Accessory

A use incidental and subordinate to the principal use of a structure or lot, or a use, not the principal use, that is located on the same lot as the principal structure. Uses accessory to scientific research, scientific development or related production do not have to be located on the same lot as the principal use. Accessory use by area shall be interpreted not to exceed 40 percent of the area of the total use of the structure and/or lot on which it is located.

Use, Nonconforming

A use lawfully existing that does not conform to one or more provisions of this ordinance.

Use, Principal

The main or primary purpose for which a structure or lot is designed, arranged, or intended, or for which it may be used, occupied or maintained under this ordinance. Any other use within the main structure or the use of any other structure or land on the same lot and incidental or supplementary to the principal use and permitted under this ordinance shall be considered an accessory use.

Use, Substantially Different

A use that, by reason of its normal operation, would encourage readily observable differences in patronage, service, appearance, noise, employment or similar characteristics from the use to which it is being compared.

Variance

Such departure from the terms of this By-Law as the Board of Appeals, upon petition or appeal in specific cases, is empowered to authorize under the terms of Chapter 40A, Section 10.

Wireless Communications Facility

shall mean a wireless communication monopole, including antennas and accessory structures, if any, that facilitates the provision of wireless communications services.

Wireless Communications Services

shall mean the provision of the following types of services: cellular telephone service, personal communications and enhanced specialized mobile radio service.

Yard

A portion of a lot, upon which the principal building is situated, unobstructed artificially from the ground to the sky, except as otherwise provided herein. A court shall not be considered to be a yard or any part thereof.

Yard, Front

A yard extending for the full width of the lot between the front line of the nearest building wall and the front lot line.

Yard, Rear

A yard, except by an accessory structure 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

Yard extending for the full length of a building between the nearest building wall and the side lot line.

ARTICLE IV
ESTABLISHMENT OF DISTRICTS

SECTION 4.1 - DIVISION INTO DISTRICTS.

The Town of Saugus, Massachusetts, is hereby divided into twelve (12) Zoning Districts to be designated as follows:

*Residential A - East of Broadway

*Residential B - West of Broadway

SECTION 4.2 - ZONING MAP.

The location and boundaries of the Zoning Districts are hereby established as shown on a map titled "Zoning Map of the Town of Saugus, Massachusetts," dated February 28, 1977, that accompanies and is hereby declared to be a part of this By-Law. The authenticity of the Zoning Map shall be identified by the signature of the Town Clerk, and the imprinted seal of the Town under the following words: "This is to certify that this is the Zoning Map of the Town of Saugus, Massachusetts, which was approved by the Town Meeting on May 23, 1977."

SECTION 4.3 - CHANGES TO MAP.

Any change in the location of boundaries of a Zoning District hereafter made through amendments of this By-Law shall be indicated by the alteration of such map, such changes to be dated and authenticated as prescribed in SECTION 4.2. The Map, thus altered, is declared to be part of the By-Law as amended. The Building Inspector shall be responsible for making changes to the Zoning Map. Such changes shall be made within thirty (30) days of final approval of amendments. The Zoning Map shall be drawn to a scale of 1" equals 500 feet, and shall be located in the Office of the Building Inspector. Photographic reductions of the large-scale map may serve as copies of the Zoning Map.

SECTION 4.4 - 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 street, railroad, watercourse or other body of water, it shall be construed to be the centerline or middle thereof, or where such boundary approximates a town boundary, then to the limits of the town boundary.

2. Where a boundary is indicated as following approximately or parallel to a street, 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 ten feet or less with a lot line, the boundary shall be construed to be the lot line.

4. Where a boundary is indicated as intersecting the centerline of a street, railroad, watercourse or other body of water, it shall be construed to intersect at right angles to said centerline, or in the case of a curved centerline, at right angles to the tangent to the curve at the point of intersection.

SECTION 4.5 - HIGH RISE BUSINESS AND INDUSTRIAL DISTRICTS.

Land on Broadway, otherwise known as Routes 1 and 99, including land that is presently zoned for business or industry that does abut business or industrial land on said Broadway and has direct access to said Broadway. Lands within this district will be designated as B-2 on Zoning Map.

SECTION 4.6 - FLOOD PLAIN DISTRICTS.

Lands in Saugus that are subject to seasonable and periodic flooding that must be developed, preserved, and maintained to assure the natural flow of watercourses. These are made up of the following categories:

1. FLOOD PLAIN DISTRICT - Lands that are shown as Floodway on the FEMA Flood Boundary and Floodway Map dated January 19, 1983, as amended; and lands shown as Flood Plain on the official Zoning Map of the Town of Saugus, as amended.

2. FLOOD PLAIN - FRINGE - Lands in Saugus shown as Zones A, A-2, A-3, A-4, A-7 and A-9 on the Town of Saugus Flood Insurance Rate Map dated January 19, 1983, as amended, except for those that are included in the Flood Plain District as defined in SECTION 4.6A above.

All maps shall be on file with the Town Clerk, Building Inspector and Planning Board. The Flood Plain Districts shall be considered as overlying other district zoning. Refer to Article XII for Special Permit requirements.

ARTICLE V
USE REGULATIONS

SECTION 5.1 - APPLICABILITY OF USE REGULATIONS.

Except as provided in the Zoning Act or in this By-Law, no building, structure or land shall be used except for the purposes permitted in the district as described in this Article. Any use not listed shall be construed to be prohibited.

SECTION 5.2 - PERMITTED USES.

In the following Table of Use Regulations, the uses permitted by right in the district are designated by the letter "P", but it shall not be a permitted use unless one of three following conditions are met: (1) the proposed location abuts on a street that has been laid out and accepted as a traveled way or, (2) the proposed location abuts on a street that has been built to subgrade so that it is passable for fire apparatus and other vehicular traffic, or (3) the proposed location abuts on a street or way in which there is public sewer and water. In any event, no Building Permit shall be issued for any lot unless water or public sewer or adequate private sewer systems are available. Those uses that may be permitted by special permit in the district, in accordance with Articles XI and XII, are designated by the letter "S1" or "S2". Uses designated (--_ shall not be permitted in the district. Uses allowed under the basic zoning districts on this table shall also be allowed in the Flood Plain - Fringe (F.P.-F.) and are designated by an asterisk (*).

SECTION 5.3 - USES SUBJECT TO OTHER REGULATIONS.

Uses permitted by right or by special exception shall be subject, in addition to use regulations, to all other provisions of the By-Law and shall comply with all of the provisions of the Massachusetts State Building Code or of local By-Laws and Codes that may be more restrictive.

SECTION 5.4 - SPECIAL PERMIT BY BOARD OF APPEALS.

Those uses designated as "Sl" shall be subject to provisions of Article XI and XII.

SECTION 5.5 - SPECIAL PERMITS BY BOARD OF SELECTMEN.

Those uses designated as "S2" shall be subject to provisions of Article XI and XII.

SECTION 5.6 - TABLE OF USE REGULATIONS.

See table on accompanying pages that is declared to be a part of this By-Law. Any use permitted under I-1 shall be allowed in an Industrial District.

SECTION 5.7 - ENVIRONMENTAL PERFORMANCE STANDARDS.

Any use permitted by right or special permit in any district shall not be conducted in a manner to cause any dangerous, noxious, injurious or otherwise objectionable hazard; noise or vibration, smoke, dust, odor or other objectionable pollution; glare, conditions conducive to breeding of insects, rodents or other vermin, substances, conditions, or elements to an extent so as to adversely affect nearby neighborhoods. Minimum acceptable standards shall be as follows:

1. Emission shall be completely and effectively confined within the building, or so regulated as to prevent any nuisance, hazard, or other disturbance from being perceptible (without the use of instruments) at any lot line of the site location.

2. All use and storage of flammable materials shall be confined and maintained in accordance with the strict provisions set forth by the Chief of the Fire Department acting in accordance with duly established fire prevention regulations, codes and standards.

3. Any emission of visible smoke shall meet the then current color standards of the Massachusetts Department of Environmental Quality Engineering Division of Air Pollution, and in any event, no emission of smoke of a shade darker than No. 1 on the Ringlemann Smoke Chart as published by the United States Bureau of Mines shall be permitted.

4. There shall be no emission of "fly ash" that can cause damage to the health of humans, animals or vegetation, or that can cause excessive soiling. In no event shall emission of any solid or liquid particles in concentration exceeding 0.2 grams per cubic foot of conveying gas or air be permitted.

5. The maximum permissible sound pressure level at the closest residential lot line, shall not exceed 69 decibels between the hours of 8:00 a.m. and 7:00 p.m. and 61 decibels between 7:00 p.m. and 8:00 a.m. as measured on a frequency band of 125 cycles per second using a general purpose sound level meter complying with the provisions of the American National Standards Institute, properly calibrated and operated on the "A" weighing network. This regulation shall not apply to:

   1. Transient noises of moving vehicles.

   2. Noises of safety signals, warning devices, and pressure relief valves.

   3. Noises emanating from temporary construction and maintenance activities between 7:00 a.m. and 7:00 p.m.

6. No direct or sky reflected glare whether from flood lights or from high temperature processes shall be permitted when it is determined to be hazardous to human health and welfare or obnoxious.

   This regulation shall not apply to street lighting or other utilities that are essential for public safety.

7. The Building Inspector may require such information, data and testing to be performed and supplied at the owners or developers expense in order to determine the findings of compliance.

ARTICLE VI
DIMENSIONAL AND DENSITY REGULATIONS

SECTION 6.1 - APPLICABILITY OF DIMENSIONAL AND DENSITY REGULATIONS.

The regulations for each district pertaining to minimum lot area, minimum lot frontage, minimum front yard depth, minimum side yard distance, minimum rear yard distance, maximum height of buildings, maximum number of stories, and maximum building area, shall be specified in this Article and set forth in the Tables of Dimensional and Density Regulations, and subject to the further provisions of this Article.

SECTION 6.2 - TABLE OF DIMENSIONAL AND DENSITY REGULATIONS.

See table on accompanying pages that is declared to be part of this By-Law.

SECTION 6.3 - REDUCTION OF LOT AREAS.

The lot, yard areas or open space required for any new building or use may not include any part of a lot that is required by any other building or use to comply with any provisions of this By-Law, nor may these areas include any property of which the ownership has been transferred subsequent to the effective date of this By-Law, if such property was a part of the area required for compliance with the dimensional regulations applicable to the lot from which such transfer was made.

SECTION 6.4 - SEPARATION OF LOTS.

Lots shall not be so separated or transferred in ownership so as not to comply with the provisions of this By-Law.

SECTION 6.5 - BUILDINGS IN FLOOD PLAIN DISTRICTS.

6.5.1 - REFERENCE TO EXISTING REGULATIONS

The Flood Plain District is established as an overlay district to all other districts. All development in the district, including structural and non-structural activities, whether permitted by right or by special permit must be in compliance with Chapter 131, Section 40 of the Massachusetts General Laws, Article 24, Saugus Wetlands Protection Bylaw, and with the following:

Section of the Massachusetts State Building Code that addresses floodplain and coastal high hazard areas (currently 780 CMR 2102.0, "Flood Resistant Construction");

Wetlands Protection regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00);

Inland Wetlands Restriction, DEP (currently 302 CMR 6.00);

Coastal Wetlands Restriction, DEP (currently 302 CMR 4.00);

Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5);

Any variances from the provisions and requirements of the above referenced state regulations and/or special permits may only be granted in accordance with the required variance and/or special permit procedures of these state regulations.

6.5.2

In the floodway, all encroachments, including fill, new construction, substantial improvements to existing structures, and other development are prohibited unless certification by a registered professional Engineer is provided by the applicant demonstrating that such encroachments shall not result in any increase in base flood water surface elevations or base flood mean velocities (feet per second). Refer to Table 3, Floodway Data, Town of Saugus Flood Insurance Study and the Town of Saugus Flood Insurance Rate Maps for base flood water surface elevations and base flood mean velocities. Such certification shall be supported by accompanying documentation showing the method by which such finding was arrived at. Such documentation shall be certified as to its accuracy and appropriateness of methodology.

6.5.3 - BASE FLOOD ELEVATION AND FLOODWAY DATA

1. FLOODWAY DATA. In Zone A, A1-30, and AE, along watercourses that have not had a regulatory floodway designated, the best available Federal, State, local, or other floodway data shall be used to prohibit encroachments in floodways that would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

2. BASE FLOOD ELEVATION DATA. Base flood elevation data is required for subdivision proposals or other developments greater than 10 lots or 1 acre, whichever is the lesser, within unnumbered A zones.

6.5.4 - NOTIFICATION OF WATERCOURSE ALTERATION

Notify, in a riverine situation, the following of any alteration or relocation of a watercourse: (1) Adjacent Communities, (2) NFIP State Coordinator, Massachusetts Office of Water Resources, 100 Cambridge Street, Boston, MA 02202, and (3) NFIP Program Specialist, FEMA Region I, Rm. 462, J.W. McCormack Post Office & Courthouse, Boston, MA 02109.

SECTION 6.6 - SCREENING AND BUFFERS - INDUSTRIAL OR BUSINESS DISTRICTS.

Screening and buffers shall be required in any industrial or business district that adjoins a residential district as follows: this strip shall be at least 25 feet in width, except when abutting a residential use in the R-3 and R-4 districts, in which case the width may be reduced to 10 feet. It shall contain a screen of plantings of vertical habit in the center of the strip not less than three (3) feet in height at the time of occupancy of such lot. Individual shrubs or trees shall be planted not more than three (3) feet on center, and shall thereafter be maintained by the owner or occupants so as to maintain a dense screen year-round, A solid wall or fence, not to exceed six (6) feet in height, complemented by suitable plantings, may be substituted for such landscaping.

SECTION 6.7 - ACCESSORY BUILDINGS AND OTHER STRUCTURES.

In all Residential Districts, a detached accessory building shall conform to the following provisions:

An accessory building attached to the principal building shall be considered as an integral part thereof and shall be subject to front, side, and rear yard requirements applicable to the principal building. In Business and Industrial Districts, accessory buildings may be located on the lot so as not to violate the minimum front yard and height restrictions set forth in the Table of Dimensional and Density Regulations. The minimum required distance from side and rear lot line for accessory swimming pools shall be 10 feet in all districts.

SECTION 6.8 - OTHER GENERAL DIMENSIONAL AND DENSITY PROVISIONS.

The following regulations shall also apply:

1. Existing residential uses in all non-residential districts shall be subject to the regulations for the particular type of dwelling in the designated district. Any new residential uses in non-residential districts shall be subject to the dimensional and density regulations of the nearest residential district as determined by the Building Inspector.

2. Except for planned density developments for multi-family use, cluster residential development, community facilities, and public utilities, only one principal structure shall be permitted on a lot. In the case of multi-family development, other than planned density development, the minimum distance between the walls of such principal buildings that contain windows shall be twice the minimum side yard or side setback required in the district. (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.

3. A corner lot shall have minimum street yards with depths that shall be the same as the required front yard depths for the adjoining lots.

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

5. Projection into required yards or other required open spaces are permitted subject to the following:

   1. Balcony or Bay window, limited in total length to one half (1/2) the length of the building, but more than two (2) feet.

   2. Open terrace or steps or stoop, under four (4) feet in height, up to one half (1/2) the required yard setback.

   3. Steps or stoop over four (4) feet in height, windowsill, chimney, roof eve, fire escape, fire tower, storm enclosure or similar architectural features, not more than two (2) feet.

6. The provisions of this By-Law governing the height of buildings shall not apply to chimneys, cooling towers, elevator bulkheads, skylights, ventilators, electronic equipment, elevator shafts, and other necessary appurtenances usually carried above roof, nor to domes, towers, stacks or spires, if not used for human occupancy and that occupy not more than 20 percent of the ground floor area of the building; nor to ornamental towers, observations towers, radio broadcasting towers, television and radio antennae, and other like structures, that do not occupy more than 20 percent of the lot area; nor to churches or agricultural or institutional non-residential buildings or buildings of private schools not conducted for profit that are primarily used for school purposes, provided the excepted appurtenances are not located within the flight paths of an airport as defined by F.A.A. regulations.

   Article 47. Voted to amend the Zoning By-Laws of the Town of Saugus, as follows:

   1. By adding a new sentence at the end of Sec. 6.8F, as follows: This exception shall not apply to exterior lighting support structures over 35' tall at sports fields or similar facilities within 1000 feet of residential property which structures shall require a special (S-2) permit from the Board of Selectmen, who, in granting such approval, shall follow guidelines in Sec. 12.5 of this By-Law. 12/1/86.

7. Where an "I" or "B" District abuts an "R" District, no building within the "I" or "B" District shall be within 25 feet of the boundary line of the "R" District.

8. The maximum height of any hedge, fence or stone wall (except existing restraining walls) excluding chain link fences, shall not be more than 42 inches above the center line of an adjacent way when placed or constructed within 30 feet of the intersection of 2 ways or the intersection of a way and a driveway.

9. The top of the foundation of a dwelling shall be at least two (2) feet above the center line of the street in cases where septic systems are approved. In all other cases, dwellings may be allowed to be built below this requirement provided that adequate public gravity sewer is made available by whatever means necessary and approved by the Board of Health.

10. The limit of height in High Rise Business and Industrial Districts (B-2), subject to the provisions of Article XII, shall be six (6) stories, not to exceed ninety (90) feet, with the same exceptions as provided in paragraph F of this section.

ARTICLE VII
REGULATION OF ADVERTISING SIGNS AND BILLBOARDS

SECTION 7.1 - PURPOSES.

The purpose of this Article is to regulate and restrict billboards, signs and other advertising devices within the Town in order to protect and enhance the scenic, historic and aesthetic qualities of the environment of this Town and the safety, convenience and general welfare of its inhabitants.

SECTION 7.2 - DEFINITIONS.

Sign

A sign shall mean and include any privately owned permanent or temporary device, structure, placard, painting, drawing, poster, letter, pictorial representation, emblem, pennant, insignia, numeral, trade flag, or representation used as, or that is in the nature of an advertisement, announcement, or direction that is on a public way or on private property within public view of a public way, public park or reservation. The above definition shall include signs located inside a window but shall not include the display of merchandise visible through such window.

Standing Sign

A standing sign shall include any and every sign erected on or affixed to the land and any and every exterior sign that is not attached to the building.

Person

Person shall include any individual, corporation, society, association, partnership trust or other entity.

Public Way

Public way shall include a private way that is open to public use.

Sign Area of

1. For a sign, either free standing or attached the area shall be considered to include all lettering, wording, and accompanying designs and symbols, together with the background whether open or enclosed on which they are displayed, any frame around the sign and any "cutouts" or extensions, but shall not include any supporting framework and bracing incidental to the display itself.

2. Where the sign consists of individual letters or symbols attached to a surface, building, wall or window, the area shall be considered to be that of the smallest rectangle or other convex shape that encompasses all of the letters and symbols.

Outdoor Advertising Board

The Outdoor Advertising Board of the Commonwealth of Massachusetts or any board or officials that may hereafter succeed to its powers or functions.

SECTION 7.3 - GENERAL REQUIREMENTS - ALL SIGNS.

1. MOVEMENT: No sign shall contain any visible moving or movable parts, except such portions of a sign as consist solely of indicators of time and/or temperature and except further that individual letters and/or numerals that make up the message of sign that are normally and routinely removed and replaced on a regular basis shall not be considered movable parts. No sign shall be portable except when used as temporary signs pursuant to this Sign By-Law.

2. ILLUMINATION:

   1. No sign shall be illuminated between the hours of 11 p.m. and 7 a.m. unless, in the case of an accessory sign, the premises on which it is located are open for business, and except as provided in Section 7.4 herein.

   2. No sign shall contain any moving, flashing, intermittent or animated lights, except such portions of a sign as consist solely of indicators of time and/or temperature.

   3. No illumination shall be permitted that casts glare onto any portion of any street that would, in the opinion of the Chief of Police, constitute a driving hazard.

   4. The provisions of this Section shall apply not only to exterior signs, but also to interior signs that are designed or placed to show through windows of buildings.

3. WINDOW SIGNS: Signs placed on the inside of the glass of a window shall be permitted, provided that the aggregate area of such signs does not exceed 25 percent of the area of the window glass, except as provided in Section 7.4 herein.

4. TEMPORARY SIGNS: Temporary signs that conform with all regulations of this Sign By-Law shall be permitted. Before a temporary sign (other than a sign placed in a window) shall be put in place, authorization shall be obtained from the Sign Officer after payment of a fee to be determined by the Board of Selectmen.

5. ROOF SIGNS: A sign that projects above the top of the wall to which it is attached (but not including a canopy, marquee, or roof-type decorative shelter) and a sign primarily placed on top of a structure shall not be permitted.

6. CONSTRUCTION AND MAINTENANCE: No sign shall be painted or posted on the exterior surface of any wall but all signs must be painted, posted or otherwise securely affixed to a substantial intermediary removable surface that shall be securely affixed to the building. The foregoing, however, shall not prevent installation of a sign by individual letters or devices securely affixed to the exterior wall of a building. All signs, together with their structural elements, shall be kept in good working repair and in a proper state of preservation to the reasonable satisfaction of the Sign Officer.

7. Temporary signs visible from the public way that are attached to the inside area only of the fence at Grabowski field that do not exceed 4' x 4' in square dimensions and that are placed between the dates of April 1st and September 30th shall be permitted with the approval of the Town Manager.

SECTION 7.4 - SIGNS - ADDITIONAL REQUIREMENTS.

No sign shall be permitted except signs that meet the General Requirements of Section 7.3 and the following additional requirements:

1. SINGLE RESIDENCE, GENERAL RESIDENCE, MULTI-DENSITY RESIDENTIAL AND FLOOD PLAIN DISTRICTS: No sign shall be erected or maintained on any lot in a Single Residence, General Residence, Multi-Density Residential or Flood Plain District except as hereafter expressly permitted:

   1. Number and Size: There may be one such sign for each lot indicating only the name of the owner or occupant, the street number, and a permitted use or occupation in the particular area under the Zoning By-Law. Such sign may be a standing sign but shall not exceed one (1) square foot or, where a permitted use or occupation is set out, two (2) square feet in area and shall not exceed a height above the ground of eight (8) feet.

   2. Temporary Sign: There may be one temporary unlighted sign on each lot advertising the sale or rental of the premises or the name and address of the contractor, architect and engineer responsible for any construction on the premises, provided that such sign shall not exceed 25 square feet in area and shall be removed promptly after such sale, rental or construction has been effected.

   3. Illumination: No sign shall be illuminated except:

      1. By a white, steady, stationery light of reasonable intensity, shielded and directed solely at the sign; or,

      2. By interior non-exposed lights of reasonable intensity.

      3. The foregoing is applicable whether the sign is exterior to a building or designed to be visible through a door or a window.

   4. Color: No illuminated sign shall contain more than two colors nor shall any sign contain more than two (2) colors. No sign shall contain red or greed lights if such colors would, in the opinion of the Chief of Police, constitute a driving hazard. Both black and white are considered separately as colors for enumeration under this section.

   5. Non-profit Institutions: There may be one bulletin or announcement board, identification sign or entrance to the premises upon which a church, synagogue, school, or other non-profit organization not exceeding all together 25 square feet in area.

2. BUSINESS DISTRICTS: No sign shall be permitted in an area zoned as a business district except signs permitted under Section 7.4 and the following:

   1. Location:

      1. A sign shall be affixed to a building except as hereinafter provided as to standing signs.

      2. A sign affixed to a building shall be parallel with a wall of the building and shall not project beyond the face of any other wall to which it is affixed.

      3. The base of the sign shall not project more than 16 inches from the wall to which it is affixed, in the case of a sign parallel with the wall.

   2. Size: If affixed against a wall, the area of the sign may not exceed 10 percent of the wall area of the wall on which it is displayed. For purposes of applying this maximum space limitation, any intermediary removable surface to which a sign is affixed shall be deemed part of the sign; and any sign composed of separate letters or devices cut into or affixed to a wall shall be deemed to occupy the entire area within a single continuous perimeter enclosing the extreme limits of the sign, including any structural elements.

   3. Number:

      1. There shall be not more than one (1 ) exterior sign affixed to the building for each business establishment consisting of a single building except that if such building has more than one public entrance, there may be a secondary sign affixed to each wall in which such entrance is located other than the wall to which the principal sign is affixed. If a single building consists of more than one (1) business establishment, there shall not be more than one (1) exterior sign affixed to the building for each such business establishment. If a business establishment consists of more than one (1) building, a secondary sign may be affixed to a wall of each such building. The secondary sign or signs for any business establishment shall not exceed, in the aggregate, 50 percent of the maximum permissible area for a single sign for said business establishment.

      2. In addition to the foregoing sign or signs, one directory of the business establishments occupying a building may be affixed to the exterior wall of the building at each entrance to the building. Such directory shall not exceed an area determined on the basis of one (1) square foot for each establishment occupying the building and shall be included in determination of the area limitations.

   4. Standing Signs: In addition to the number of signs allowed in Section 7.4 (2-c), the Board of Appeals may, in its discretion, authorize a special permit for a standing sign after finding that the nature and use of the premises or the location of the building with reference to the street or streets is such that a standing sign may be permitted in harmony with the general purpose and intent of this Sign By-Law and this Article subject to the following requirements:

      1. Any such sign shall not exceed (a) 50 square feet in area; (b) 10 feet in any dimension; and (c) shall not be higher at any point than 20 feet from the ground.

      2. In granting such special permit, the Board of Appeals shall specify the size, type and location of the sign and impose such other conditions, safeguards and limitations as it may deem to be in harmony with this Sign By-Law and the public interest.

   5. Illumination:

      1. No sign located in the above mentioned Zoning District shall be illuminated except by a white, steady, stationery light shielded and directed solely at the sign; or

      2. By the interior non-exposed lights of reasonable intensity;

      3. The foregoing is applicable whether the sign is exterior to a building or designed to be visible through a door or window.

   6. Color: No illuminated sign shall contain more than five (5) colors nor shall any sign contain more than five (5) colors. No sign shall contain red or green lights if such colors would, in the opinion of the Chief of Police, constitute a driving hazard. Both black and white are considered separately as colors for enumeration under this Section.

   7. Temporary Signs: There may be one temporary sign maintained for a period of not more than 30 days upon application to the Sign Officer showing that said temporary sign is required as a result of the repair and/or reconstruction of the existing permitted sign.

3. INDUSTRIAL, LIGHT INDUSTRIAL, AND HEAVY INDUSTRIAL DISTRICTS: No sign shall be permitted in an area zoned as Industrial, Light Industrial or Heavy Industrial Districts except the following:

   1. Location:

      1. No sign shall be affixed to a building except as hereinafter provided as to standing signs.

      2. A sign affixed to a building shall be parallel with a wall of the building and shall not project beyond the face of any other wall to which it is attached.

      3. The base of the sign shall not project more than 16 inches from the wall to which it is affixed, in the case of a sign parallel with the wall.

   2. Size: If attached flat against a wall, the area of the sign may not exceed 10 percent of the wall area of the wall on which it is displayed. For purposes of applying this maximum space limitation, any intermediary removable surface to which a sign is affixed shall be deemed part of the sign, and any sign composed of separate letters or devices cut into or affixed to a wall shall be deemed part of the sign, and any sign composed of separate letters or devices cut into or affixed to a wall shall be deemed to occupy the entire area within a single continuous perimeter enclosing the extreme limits of the sign, including any structural elements.

   3. Number:

      1. There shall be not more than one (1) exterior sign affixed to the building for each business establishment consisting of a single building, except that if such building has more than one public entrance there may be a secondary sign affixed to each wall in which such entrance is located other than the wall to which the principal sign is affixed. If a single building consists of more than one business establishment, there shall be not more than one (1) exterior sign affixed to the building for each such business establishment. If a business establishment consists of more than one building, a secondary sign may be affixed to a wall of each building. The secondary sign or signs for any business establishment shall not exceed, in the aggregate, 50 percent of the maximum permissible area for a single sign for said business establishment.

      2. In addition to the foregoing sign or signs, one directory of the business establishments occupying a building may be affixed to the exterior wall of the building at each entrance to the building. Such directory shall not exceed an area determined on the basis of one (1) square foot for each establishment occupying the building and shall be included in determination of the permissible area limitations.

   4. Standing Signs: In addition to the number of signs allowed in Section 7.4 (3-c) a standing sign shall be allowed provided, however, that any such sign shall not exceed (a) 50 square feet in area; (b) 10 feet in any dimension; (c) shall not be higher at any point than fifteen (15) feet from the ground.

   5. Illumination:

      1. No sign located in these above mentioned Zoning Districts shall be illuminated except by a white, steady, stationery light shielded and directed solely at the sign; or

      2. By interior non-exposed lights of reasonable intensity;

      3. The foregoing is applicable whether the sign is exterior to a building or designed to be visible through a door or window.

   6. Color: No illuminated sign shall contain more than five (5) colors. No sign shall contain red or green lights if such colors would, in the opinion of the Chief of Police, constitute a driving hazard. Both black and white are considered separately as colors for enumeration under this Section.

   7. Temporary Signs: There may be one temporary sign maintained for a period of not more than 30 days upon application to the Sign Officer showing that said temporary sign is required as a result of the repair and/or reconstruction of an existing permitted sign.

4. HIGH RISE BUSINESS AND INDUSTRIAL DISTRICT: No sign shall be permitted in an area zoned as High Rise Business and Industrial Districts except the following:

   1. Location:

      1. A sign shall be affixed to a building except as hereafter provided as to Standing Signs.

      2. A sign affixed to a building shall be parallel with a wall of the building and shall not project beyond the face of any other wall of the building, or above the top of the wall to which it is affixed.

      3. The base of the sign shall not project more than 16 inches from the wall to which it is affixed in the case of a sign parallel with the wall.

   2. Size: If affixed flat against a wall the area of the sign may not exceed 15 percent of the wall area on which it is displayed. For the purposes of applying this maximum space limitation, any intermediary removable surface to which a sign is affixed shall be deemed part of the sign; and any sign composed of separate letters or devices cut into or affixed to a wall shall be deemed to occupy the entire area within a single continuous perimeter enclosing the extreme limits of the sign, including any structural elements.

   3. Number:

      1. There shall not be more than one (1) exterior sign affixed to the building for each business establishment consisting of a single building, except that if such building has more than one public entrance there may be a secondary sign affixed to each wall in which such entrance is located other than the wall to which the principal sign is affixed. If a single building consists of more than one business establishment, there shall be not more than one (1) exterior sign affixed to the building for each such business establishment. If a business establishment consists of more than one building, a secondary sign may be affixed to a wall of each such building. The secondary sign or signs for any business establishment shall not exceed in the aggregate 50 percent of the maximum permissible area for a single sign for said business establishment.

      2. In addition to the foregoing sign or signs, one directory of the business establishments occupying a building may be affixed to the exterior wall of the building at each entrance to the building. Such directory shall not exceed an area determined on the basis of one (1) square foot for each establishment occupying the building and shall be included in determination of the permissible area limitations.

   4. Standing Signs: In addition to the number of signs allowed in Section 7.4 (4-c) a standing sign shall be allowed provided that any such sign shall not exceed:

      1. Two hundred twenty-five (225) square feet in area;

      2. Fifteen (15) feet in any dimension;

      3. Shall not be higher at any point than 25 feet from the ground.

   5. Illumination:

      1. No sign located in these above mentioned Zoning Districts shall be illuminated except by a white, steady, stationery light shielded and directed solely at the sign; or

      2. By interior non-exposed lights of reasonable intensity;

      3. By exposed gaseous tubes;

      4. The foregoing is applicable whether the sign is exterior to a building or designed to be visible through a door or window.

      5. No sign shall be illuminated between the hours of 1 a.m. and 7 a.m. unless, in the case of a sign, the premises on which it is located are open for business.

   6. Color: No illuminated sign shall contain more than five (5) colors. No sign shall contain red or green lights if such colors would, in the opinion of the Chief of Police, constitute a driving hazard. Both black and white are considered separately as colors for enumeration under this Section.

   7. Temporary Signs: There may be one temporary sign maintained for a period of not more than 30 days upon application to the Sign Officer showing that said temporary sign is required as a result of the repair and/or reconstruction of an existing permitted sign.

   8. Window Signs: Signs placed on the inside of the glass of a window shall be permitted provided that the aggregate area of such signs does not exceed 50 percent of the area of the window glass and further provided that said window sign allowed by this Section 7.4 (4-h) shall be restricted to those signs that are normally and routinely removed, replaced and the message changes on a regular basis and further provided that the use of a window sign allowed by this Section 7.4 (4-h) shall not exceed 30 days in a consecutive sixty (60) day period. The total area of a window sign allowed pursuant to Section 7.3 (3), shall not exceed, in the aggregate, 50 percent of the window glass.

SECTION 7.5 - PREEXISTING NON-CONFORMING SIGNS.

1. PREEXISTING NON-CONFORMING SIGNS:

   1. Except as hereinafter provided, Preexisting, Non-Conforming Signs shall meet the provisions of Article II, Section 2.3.

   2. The provisions of this By-Law shall apply with respect to any sign which:

      1. The cost alteration, repair, reconstruction, rebuilding, or change would exceed 331/3 percent of the replacement value of the sign; said costs and replacement value to be certified by an accredited insurance appraiser upon written request of the Sign Officer with the cost of said appraisal being borne by the sign owner.

      2. Shall have been abandoned or not used for a continuous period of two (2) years.

      3. This By-Law shall apply to any non-conforming sign that at any time during the year preceding the effective date of this Article, or at any time thereafter, advertises or promotes the sale of goods, products, or services not sold, provided, or manufactured upon the same premises on which the sign is located.

      4. Except as provided in subsections (1), (2), (3), (5) and (6), this By-Law shall not apply to any non-conforming sign legally erected prior to the effective date of this By-Law.

      5. All non-conforming signs subject to subsection (3) shall be removed within 120 days of the effective date of this By-Law or within 120 days of the date on which the sign first becomes subject to subsection (3), whichever occurs later.

      6. Shall not have been repaired or properly maintained, within 60 days, after notice to that effect has been given by the Sign Officer.

   3. Any enlargement or extension of an existing sign that does not conform in every way to the present requirements of Article VII of this zoning by-law must be approved by the Saugus Board of Appeals, as a Special Permit, after a hearing as required by Ch. 40A Secs. 9 and 11. Refacing of preexisting signs shall be exempted. This includes all signs for which no previous permit exists.

SECTION 7.6 - ADMINISTRATION AND ENFORCEMENT.

1. ENFORCEMENT: The provisions of this Article shall be enforced by the Building Inspector who is hereby designated as the Sign Officer. The Sign Officer is authorized to order the repair or removal of any sign and its supporting structure that, in his judgment, is dangerous or in disrepair or that is erected or maintained contrary to the provisions of this By-Law.

2. PERMITS AND FEES: Except for signs allowed pursuant to compliance with Section 7.4 (1) , no sign shall be erected, altered or enlarged until a permit has been issued by the Sign Officer. Such permit shall be issued only if the sign complies or will comply with all applicable provisions of this Sign By-Law and any other applicable rules and regulations. A schedule of fees for permits may be determined from time to time by the Board of Selectmen. The provisions of this section shall not apply to signs permitted in a residential area or temporary signs to be placed in a window.

3. PENALTY FOR VIOLATION: Provisions of Article X, Section 10.8 apply.

4. APPEAL: See Article XI.

5. SEVERABILITY: See Article XI.

ARTICLE VIII
OFF STREET PARKING AND LOADING REGULATIONS

SECTION 8.1 - OFF STREET PARKING REQUIREMENTS.

Off street parking spaces shall be provided for every new structure, the enlargement of and existing structure, the development of a new land use or any change of an existing use in its entirety in accordance with the Table of Use and Off Street Parking Regulations (see Article VI, the Table of Off Street Parking Regulations, and other requirements contained within Article VIII.

The Parking Code stipulated in the Table of Use and Parking Regulations shall correspond to the use and space requirements set forth in the Table of Off Street Parking Regulations as presented in this Article.

SECTION 8.2 - OFF STREET LOADING AND UNLOADING REQUIREMENTS.

Every building erected for Retail and Commercial Service, Wholesale, Transportation and Industrial, and Community Facility use as specified in the Table of Use and Parking Regulations and for every such use as hereinafter established in an existing building or area, the off street loading and unloading requirements presented in the Table of Off Street Loading Regulations shall apply.

SECTION 8.3 - EXISTING SPACES.

Parking or loading spaces being maintained in any district in connection with any existing use on July 1, 1978, shall not be decreased so long as said use remains, unless a number of parking or loading spaces is constructed elsewhere such that the total number of spaces conforms to the requirements of the tables of this Article provided: this regulation shall not require the maintenance of more parking or loading spaces than is required according to the tables.

SECTION 8.4 - COMPUTATION OF SPACES.

When the computation of required parking or loading spaces results in the requirement of a fractional space, any fraction over one-half (1/2) shall require one space.

SECTION 8.5 - COMBINED FACILITIES.

Parking required for two (2) or more buildings or uses may be provided in combined facilities on the same or adjacent lots, subject to approval by the Building Inspector where it is evident that such facilities will continue to be available for the several buildings or uses.

SECTION 8.6 - CONTINUANCE.

Required off street parking or loading spaces, that after development are later designated as and accepted by the Town for off street parking purposes, shall continue to serve the uses or structures to meet these requirements so long as said use or structure remains.

SECTION 8.7 - LOCATION OF PARKING SPACES.

Required off street parking spaces shall be provided on the same lot as the principal use they are required to serve; when practical difficulties, as determined by the Board of Selectmen, prevent their establishment upon the same lot, they shall be established no further than 300 feet from the premises to which they are appurtenant, by special permit.

SECTION 8.8 - LOCATION OF LOADING SPACES.

The loading spaces required for the uses listed in the Table of Off Street Loading Requirements 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 By-Law.

SECTION 8.9 - USE OF MUNICIPAL LOTS FOR PARKING.

The Board of Selectmen by special permit may, when practical difficulties exist, allow the substitution of space within municipal-owned lots in lieu of parking requirements of this Article provided they are within 1,000 feet of the building that it is intended to serve.

TABLE OF OFF STREET PARKING REGULATIONS

TABLE OF OFF STREET LOADING STANDARDS

ARTICLE IX
NONCONFORMING USES, STRUCTURES AND LOTS

SECTION 9.1 - NONCONFORMITY BY INITIAL ENACTMENT OR AMENDMENT.

The provisions of this article apply to nonconforming uses, structures and lots.It is the purpose of this By-Law to discourage the perpetuity of nonconforming uses whenever possible.

SECTION 9.2 - EXTENSION AND ALTERATION.

1. Preexisting nonconforming structures or uses may be extended or altered by Special Permit from the Board of Appeals, provided that no such extension or alteration shall be permitted unless there is a finding by that Board, after a hearing, that such change, extension or alterations shall not be substantially more detrimental than the existing nonconforming use to the neighborhood.

2. This Section shall not apply to signs or other advertising devices subject to Section 7.5 herein.

3. Any nonconforming structure or portion thereof that has come into conformity shall not again become nonconforming.

SECTION 9.3 - RESIDENTIAL LOT OF RECORD.

Any increase in area, frontage, width, yard, or depth requirements of this By-Law shall not apply to a lot for single to two-family residential use that at the time of recording or endorsement, whichever occurs sooner, was not held in common ownership with any adjoining land, conformed to then existing requirements and had less that the proposed requirements but at least 5,000 square feet of area and 50 feet of frontage.

When the total area and frontage of a series of adjoining lots fronting on the same Public Way or Private Way duly recorded prior to July 1, 1978, and held in common ownership, at least equals the area and frontage requirements of this By-Law, that series of lots shall be considered as one lot.

SECTION 9.4 - RESTORATION.

1. Any nonconforming structure or structure occupied by a nonconforming use, that is totally destroyed by fire or other cause (natural) may be rebuilt on its original foundation according to the original floor area limitations, and used for its original use. Otherwise, it shall not be rebuilt, except in accordance with the use, dimensional and density regulations of this By-Law.

2. Any nonconforming structure or structure occupied by a nonconforming use, that is damaged by fire or other natural cause, may be repaired or rebuilt according to the dimensions and floor area limitations of the original structure and used for its original use or a conforming use.

3. If restoration under 2 above is not started within two (2) years of the