Agawam City Zoning Code
ARTICLE VIII
Business A Districts
§ 180-44 Permitted uses.
[Amended 3-21-1994 by TOR-94-1; 9-20-1997 by TOR-97-8; 3-8-2000 by TOR-2000-1; 12-2-2002 by TR-2002-53; 9-7-2004 by TOR-2004-5; 11-15-2004 by TOR-2004-17; 6-18-2007 by TOR-2007-6; 4-4-2022 by Ord. No. TOR-2022-1; 4-3-2023 by Ord. No. TOR-2023-3; 4-16-2024 by Ord. No. TOR-2024-2]
In any Business A 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.
Except as otherwise provided in this article, any use permitted in a residence district or an Agricultural District.
B.
The major use of a building or structure in this district shall be to store and display goods for sale at retail on the premises or to furnish a service intended for residents of the immediate vicinity. Banks, hotels, dining establishments, halls and office buildings shall be considered as complying with such requirements.
C.
No building, structure or land shall be used in whole or in part for any fabricating, manufacturing, converting, altering, finishing or assembling.
D.
One-story public garages for storage or repair of not more than 50 cars. Body and fender work and the painting of cars in or out of doors is prohibited. The storage of dismantled vehicles or vehicle parts out of doors is prohibited. The storage of complete units such as truck bodies, tailgates, road sanders, farm machinery, school buses and ambulances is permitted. An underground tank of not more than 1,000 gallons' capacity for drain oil is permitted. The selling of new or secondhand vehicles shall require a special permit in accordance with § 114-5.
E.
A gasoline filling station, which shall include self-service gasoline filling or service stations, provided that not more than 30,000 gallons of gasoline shall be stored on the premises. An enclosed lubritorium for not more than three motor vehicles shall be permitted. Only minor repairing of motor vehicles is permitted.
(1)
For the public purpose to promote and protect the health, safety, and welfare of the residents of the Town of Agawam, to prevent and control fires, and to control traffic, it is deemed to be in the best interests of the Town of Agawam to regulate the number of gasoline filling stations within the Town of Agawam.
(2)
For the purpose of licensing gasoline service stations under the provisions of Massachusetts General Laws Chapter 148, § 13, there shall be no more than 20 issued at any one time, and no license shall be issued for a gasoline filling station located within 200 feet of a residence, school or church.
F.
Residential buildings and appurtenant buildings such as garages, sheds, barns, etc., presently existing in Business A Districts may be added thereto, altered or rebuilt. No new building or other structure shall be erected for residential purposes, except for a one-family dwelling for one housekeeping unit only or, unless the land so located in the Business A District is part of a subdivision plan duly recorded prior to the enactment of this section or unless individual building lots have been similarly recorded.
G.
Cabins, if licensed under MGL c. 140, § 32A to 32E, inclusive.
H.
Drive-in restaurants and drive-through restaurants, after a special permit by the Board of Appeals in conformance with § 180-11. At no time shall fewer than 25 parking spaces be provided on site.
(1)
The parking or loading requirements set forth in this subsection may be reduced as part of the special permit by the Board of Appeals if the Board of Appeals finds that the reduction is not inconsistent with the requirements of the Zoning Bylaws of the Town of Agawam.
(2)
If a reduction is allowed, a reserve area, to be maintained indefinitely as landscaped open space, must be required sufficient to adequately accommodate the difference between the parking spaces required (i.e., the sum of the parking spaces required for the separate used individually) and the parking spaces provided. The parking/site plan shall show (in dotted outline) the reserve area laid out in full compliance with any parking or loading requirements as set forth in said Chapter 180, including the required number of spaces. In no event shall the Board of Appeals reduce the parking or loading requirement below 15 spaces.
§ 180-45 Height regulations.
A.
A business building shall not exceed three stories or 45 feet in height. These provisions shall not apply to chimneys, flag or radio poles, water tanks or hose towers or required bulkheads or elevator penthouses. A residence building shall comply with the height requirements for Residence B Districts.
§ 180-46 Setbacks; yards; loading areas.
A.
Setbacks shall be at least 35 feet.
B.
Side yards are not required for business buildings.
C.
Rear yards shall have a minimum of 25 feet.
D.
Space shall be provided for vehicle parking and for the loading and unloading of all materials, equipment and merchandise on the premises and entirely off the traveled way, with such additional space as may be necessary to provide free and easy access to that portion of the buildings so as not to interfere with traffic on the public way. Loading and unloading platforms and doorways especially designed for loading and unloading goods are prohibited on the front of any building.
§ 180-47 Lot coverage.
A.
No business building shall be erected or altered so as to cover more than 50% of the area of the lot upon which it is located.
[Amended 4-7-1986 by TOR-86-6]
B.
Notwithstanding any other provision of this section, no building or other structure shall be erected, altered or used for residential purposes which shall accommodate or house more than four families. All four-family buildings or structures used for residential purposes shall be erected on a parcel of land containing not less than one acre in area and having not less than 150 feet of frontage on a street.
C.
Not more than one unregistered motor vehicle shall be allowed on any parcel of land used as a gasoline filling station; provided, however, that any such gasoline filling station having an automobile dealer's permit shall be governed by the provisions of such permit.