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.
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 or selling
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.
[Amended 11-15-2004 by TOR-2004-17]
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.
[Amended 12-2-2002 by TR-2002-53]
(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.
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.
[Added 3-21-1994 by TOR-94-1; amended 3-8-2000 by TOR-2000-1; 4-4-2022 by Ord. No. TOR-2022-1]
(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.
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.
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.
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.
