Agawam City Zoning Code
ARTICLE III
Residence A-2 Districts
§ 180-23 Permitted uses.
[Amended 11-19-2018 by TOR 2018-16; 12-18-2023 by Ord. No. TOR-2023-10]
In any Residence A-2 District as indicated on the Building Zone Map, no building or other structure shall be erected, altered or used and no land shall be used or occupied for any purpose except one or more of the following:
A.
Any use permitted in a Residence A-1 District.
B.
A one-family detached dwelling for one housekeeping unit only; provided, however, that the Board of Appeals, upon an appeal from an order or decision made by the Inspector of Buildings and if it deems such action wise and if it shall appear to the Board that such action will tend to preserve the standard and character of the neighborhood, may authorize a variation in the use of a one-family dwelling existing at the time of the adoption of this Article so that such dwelling may be altered and improved and facilities added for a second housekeeping unit. In all such cases the petitioner, as a condition precedent to the privilege herein granted, shall present adequate plans setting forth the changes and improvements to be made and shall have secured the written consent and approval of at least three of the following property owners:
(1)
The owner of the lot on either side of the petitioner's property.
(2)
The owner of the lot adjacent in the rear of the petitioner's property.
(3)
The owner of the lot directly across the street therefrom. Where the petitioner is the owner of a lot on either side, in the rear or across from the property for which a variation is requested, such lot shall be omitted, in which case written consent and approval shall be secured from the owner of the property next to that owned by the petitioner. In case there are two or more lots adjacent in the rear or sides of the petitioner's property, the owner of the lot which abuts the greater length on the petitioner's property shall be deemed the owner of the lot adjacent to the petitioner's property, as used in this section.
In the case of an appeal for a variation involving a dwelling situation on a corner lot or so located that the obtaining of the exact numerical assents of the owner above enumerated is unreasonable or impossible, the Board of Appeals may grant the variation, provided that the consents of the property owners are obtained substantially in accordance with the principals herein set forth as may be determined by the Board of Appeals. The power to authorize such variation of the use of existing dwellings shall be within the sound discretion of the Board of Appeals, and no variation in use shall be granted unless it shall be clear that the relief requested will not be detrimental to the best interests of the vicinity and will be in harmony with the general purpose and intent of this chapter. Each case shall be considered on its own merits, and no case shall raise a presumption in favor of any other case. No decision of the Board of Appeals shall be considered as changing or affecting the zoning of any Residence A-2 District. |
C.
The office or studio of a dentist, artist, architect, professional engineer or teacher of scholastic subjects residing on the premises or a beauty parlor wherein one of the residents is the sole operator. The space occupied by such office, studio or parlor shall not exceed 20% of the total floor area of the dwelling, exclusive of the basement. No display, sign or other advertising devise shall be permitted except an interior illuminated, reflective or nonilluminated professional nameplate having an area of not more than 144 square inches. The studios or offices of dancing or music teachers, photographers, masseurs, veterinarians, riding schools and other similar businesslike pursuits are prohibited.
D.
The renting of rooms and the furnishing of table board to not more than four resident persons in a dwelling occupied as a private residence. No display, sign or other advertising device, illuminated or otherwise, shall be visible from the street except a nonilluminated announcement sign having an area of not more than 144 square inches.
E.
Schools for academic purposes only and community center buildings, except dancing or bowling and like activities, provided that there is no display or advertising visible from the street, other than as permitted in Subsection C of this section.
F.
Colleges, public libraries or museums, churches or other places of worship, parish houses and Sunday school buildings.
G.
Private kindergartens and day nurseries conducted in otherwise permitted buildings in this district, provided that not more than 25% of the floor area of the building, exclusive of the basement, is used primarily for this purpose.
H.
Bus passenger stations or shelters, not including repair service or garaging.
I.
Telephone exchange buildings.
J.
Accessory buildings and uses customarily incident to any use permitted in this section, provided that such use shall not be offensive or dangerous to life by reason of health or fire, and provided further that such accessory use shall not include any activity conducted for gain. No advertising device, whether illuminated or otherwise, shall be permitted, except that an interior illuminated, reflective or nonilluminated announcement sign having an area of not more than 144 square inches may be displayed.
K.
The keeping and raising of poultry, livestock and pigeons, whether raised for the table or other purposes, or other like objectionable uses are prohibited. The keeping and raising of hens may be allowed by special permit under § 180-8.1.
L.
Private garages, provided that no business, service or industry is conducted therefrom or therein. Not more than one motor vehicle for each 5,000 square feet of lot area or fraction thereof, nor more than five motor vehicles, not more than one of which may be unregistered, shall in any case be kept on the premises. Only one such vehicle may be a commercial vehicle and of not more than 3/4 ton's weight of capacity. Space for motor vehicles shall not be leased or rented for commercial vehicles. No commercial vehicles shall be parked on a lot in the open. These space regulations shall apply to vehicles regularly left on the lot, whether housed or in the open.
M.
Not more than one house trailer may be kept on the premises. The trailer shall not be used for living quarters while so located except when the residence has been damaged or destroyed to the point of being deemed uninhabitable by Town officials and for no longer than 12 months. Space shall not be leased or rented for trailers.
§ 180-24 Height regulations.
A.
A residence building shall not exceed 2 1/2 stories or more than 35 feet in height. Other buildings such as schools, telephone exchanges and community center buildings and other uses permitted in § 180-23E shall not exceed 50 feet in height. Chimneys, steeples and flag or radio poles are exempt from the height provision of this section.
B.
Accessory buildings or structures, including private garages, shall not exceed 17 feet in height for a one-story building. A one-and-one-half-story accessory building shall not exceed 25 feet in height.
§ 180-25 Setback requirements.
A.
No part of any building shall be placed within 30 feet of any street line.
B.
No part of any garage or other accessory building situated within 65 feet of any street line shall extend within 15 feet of any lot line intersecting such street which serves as a side lot line located in any residence district or within 15 feet of any street line.
C.
On a corner lot, no part of any building shall be erected or altered so as to be less than 25 feet from any street line.
D.
Open porches which are 20 feet or more from the street line may be enclosed on one or more sides with glass enclosures.
§ 180-26 Yards.
B.
Rear yards.
(1)
There shall be a rear yard on every lot between the principal building and the rear lot line. It shall be 20 feet deep in its least dimension.
(2)
One-story accessory buildings shall be placed at least five feet from the rear lot line, and one-and-one-half-story accessory buildings shall be placed at least 10 feet from the rear lot line.
§ 180-27 Lot size.
No lot shall have a frontage of less than 110 feet nor an area of less than 15,000 square feet.
§ 180-28 Lot coverage.
No principal building shall be erected or altered so as to cover more than 40% of the area of the lot on which it is located.