3.3 ADDITIONAL USE, DIMENSIONAL AND DENSITY REGULATIONS

3.30 General Provisions

3.301 Cornices

Cornices may extend not more than 2 1/2 feet over or into any required front yard, side yard or rear yard.

3.302 Fences or Walls

All fences must be at least 6 inches from any lot line. No fence more than one-quarter solid shall be erected closer to the street than the setback of the primary building. Fences or walls in Residential Districts which are more than 4 feet high or more than one quarter solid, except retaining walls, shall be erected not less than 3 feet from any lot line.

3.303 Lights

Lights, floodlights, spotlights or other illuminating devices shall be so directed as to not constitute a hazard or distraction to vehicular traffic, and further, shall not be objectionable to any residential area.

3.304 Vision Clearance

Between the lines of streets intersecting at an angle of less than 135 degrees and a line joining points on such lines 35 feet distant from the point of intersection, no building or structure may be erected, and no vegetation maintained between a height of 2 feet and 8 feet above the plane through their curb grades.

3.305 Preparation and Service of Food and Drink

The preparation and/or service of food and drink in any manner is expressly prohibited, with the exception of those establishments in which the entire process of service takes place within the primary building. In no case shall the operation of what is commonly known as a drive-in, drive-through or drive-up restaurant be permitted. Drive-up window service is prohibited.

3.306 Means of Entry or Exit

No entrances, exits, driveways or any other means of effective entry or exit into any public way shall be hereafter constructed or used without the approval of the Board of Public Works.

3.307 Waste Disposal Areas

The operation of a public waste disposal area by the Town under the supervision of the Board of Health shall not constitute a violation of any of the provisions of this Zoning Bylaw, provided that the location is assigned by the Board of Health in accordance with statutory provisions and provided that the only type of waste disposal used therein is the sanitary landfill and cover method; that no burning of refuse or other nuisance shall be permitted; and that such disposal area is operated in strict accordance with Board of Health regulations.

3.308 Unregistered Vehicles

In districts where residential uses are allowed.

The keeping of more than one (1) unregistered or inoperable motor vehicle assembled or disassembled, and in sight of all abutters and public ways, for more than (30) days on any premises shall not be permitted. All other unregistered motor vehicles must be stored in an enclosed building or otherwise out of sight of all abutters and public ways.

3.309 Recreational Vehicles

Recreational vehicles, or trailers for the purpose of carrying recreational equipment, may be kept or stored on any lot where the principal use of said lot is residential in nature. Any such recreational vehicle or trailer shall be kept in the side or rear yard and/or at least to the rear of the setback line of the primary building. Recreational vehicles shall not be used for living quarters.

3.31 Residential Districts - AA, A, B, and C

3.311 Accessory Buildings in Residential Areas

Accessory uses customarily incident to any use or building permitted herein, provided that such use shall not be offensive nor dangerous to life by reason of health or fire; and further provided that such accessory use shall not include any business, industry, trailer camp, manufacturing, or commercial use or other activity conducted for gain. Not more than one (1) house trailer may be located on any lot. Such trailer may not be used for living quarters. Such trailer shall conform to accessory building setback, side yard and rear yard requirements of the district in which it is located.

An accessory building shall not be used for residence purposes, except by a person employed on the premises and his immediate family, and only if located in the rear of the principal building and with no immediate street frontage.

3.312 Private Garages

A garage or storage space for private motor vehicles shall be permitted only as an accessory use and shall be subject to all the applicable provisions of this Bylaw pertaining to accessory buildings.

3.313 Lot Coverage

No principal building shall be erected or altered so as to cover more than 25 percent of the area of the lot on which it is located. No principal building shall be erected so as to cover less than 7 percent of the lot area in which it is located in Residence District C. In the event that the lot area in Residence District C exceeds the minimum lot area, the minimum lot coverage shall be no greater than that required for a minimum sized lot expressed in square feet.

3.314 Setback

a. Accessory structure setback shall be the setback of the district of the primary building, and the setback, side yard, and rear yard requirements must be met for that district in which the accessory structure is constructed. Any accessory structure which shall be constructed within the side yard and/or rear yard in the district in which it is constructed, shall be erected in such a manner that no portion of this accessory building shall be closer to the street line or lines than the maximum rear dimension of the primary building, plus 10 feet, in which event an accessory building may be constructed within 5 feet of the side-lot line or rear-yard line. Notwithstanding the foregoing, fencing for the neighborhood swimming pools shall conform to the setback, side yard, and rear- yard requirements for a principal building for the district in which such pool is constructed.

b. No part of any building or other structure, including porches, breezeways, or other structures attached to the primary building, shall be erected so as to be nearer to the street line than the nearest building located within 250 feet of either side of the lot facing the same street and located within the same area or district, but in no case will the required setback in this section exceed 60 feet. In the event of a primary structure having been erected prior to this Zoning Bylaw under conditions which allowed its erection with less than the setback requirements of this Bylaw, the next building erected adjacent to this lot shall have its setback determined by the following formula: the setback of the existing dwelling added to the setback required in this district, and the result divided by 2. The purpose of this shall be to average the required setback with that setback of the existing building. Such formula shall be applied within 250 feet of either side of an existing primary structure which does not conform to the setback requirements in the district in which it is located.

3.32 Commercial District

3.321 Buffer Strip Requirements

When abutting a Residence District, the side yard shall be twenty-five (25) feet.

3.322 Lot Coverage

In the case of a single-story building, the building area shall not exceed 40 percent of the lot area and a minimum of 24 percent of the lot area shall be left as landscaped open space; in the case of a two-story building, the building area shall not exceed 30 percent of the lot area and a minimum of 16 percent of the lot area shall be left as landscaped open space. Plot plans must be submitted to the Planning Board for approval of parking provisions in all cases, and to the Board of Public Works in accordance with the General Bylaw of the Town of East Longmeadow, Section 64-A, where applicable.

3.33 Business Districts

3.331 Buffer Strip Requirements

Side yards and a rear yard shall not be required for a business building or structure, except that when the property abuts a Residence District, a side yard or rear-yard setback of at least 25 feet from said Residence District shall be required. The 12 1/2 feet of such rear or side yard nearest to the Residence District shall be left as a natural wooded buffer, or if none exits, shall be landscaped by providing trees, shrubs or fencing to provide a practical buffer between the two districts. The establishment of this buffer strip shall be an integral part of any required parking plan. Sufficient space and facilities shall be provided for loading and unloading of materials, equipment and merchandise on the premises and entirely off the traveled way. Proper access to the rear of buildings for fire control and general safety shall be provided.

3.332 Lot Coverage

Building area shall not exceed 25 percent of the lot area. Plot plans must be submitted to the Planning Board for approval of parking provisions in all cases, and to the Board of Public Works in accordance with the General Bylaw of the Town of East Longmeadow, Section 64-A, where applicable.

3.34 Industrial District

3.341 Buffer Strip Requirements

When abutting a Residence District, the rear yard and/or the side yard shall be 50 feet. The 25 feet of such rear or side yard nearest to the Residence District shall be left as a natural wooded buffer, or if none exists, shall be landscaped by providing trees, shrubs or fencing, to provide a practical buffer between the two districts. The establishment of this buffer strip shall be an integral part of any required parking plan. For commercial, business or industrial uses, facilities shall be provided for loading and unloading all materials, equipment and merchandise on the premises, and entirely off the traveled way.

3.342 Lot Coverage

Plot plans must be submitted to the Planning Board for approval of parking provisions in all cases, and to the Board of Public Works in accordance with the General Bylaw of the Town of East Longmeadow, Section 64-A, where applicable.