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ZONING ORDINANCE City of Easthampton, Massachusetts “Appendix G” Zoning Ordinance & Map Code of Ordinances of the City of Easthampton, Massachusetts This zoning ordinance was adopted by vote of Town Meeting (all amendments adopted thereafter are incorporated herein) Appendix G* CITY OF EASTHAMPTON ZONING ORDINANCE AND MAP Section I. TITLE, AUTHORITY AND PURPOSE Section II. DEFINITIONS DefinitWnord2.0 DefinitTnesrm 2.1 Section III. ESTABLISHMENT OF ZONING DISTRICTS Districts Into Divi3.0 Map Zoning 3.1 3.2 Changes to the Map 3.3 Boundaries of Districts Section IV. INTERPRETATION AND APPLICATION Interpr4e.t0ation Applic4a.t1ion 4.2 Application of Zoning to Lawful Nonconforming Uses or Structures Uses Mixed4.3 Section V. USE REGULATIONS 5.0 Applicability of Use Regulations UsePermitt.d 5.2 Uses Subject to Other Regulations 5.3 Table of Use Regulations Section VI. AREA, HEIGHT AND BULK REGULATIONS 6.0 Applicability of Area, Height and Bulk Regulations 6.1 Table of Area Regulations 6.2 Table of Height and Bulk Regulations 6.3 Reduction of Lot Areas 6.4 Separation of Lots 6.5 Screening and Buffers 6.6 Buildings in the Floodway 6.7 Accessory Buildings in All Residential Districts, the General Business District, and the Neighborhood Business District 6.8 Other General Area, Height and Bulk Provisions General on March 10, 1995. It supercedes the zoning Bylaws of 1951 and 1972. The original section catchlines have been retained by the editor. It was changed from a by-law to ordinance by vote of the City Council on March 21, 2000; approved by the Mayor on March 22, 2000. Cross references: Buildings and building regulations, Ch. 4; classification of buildings by use for construction purposes, 4-64. State Law Reference: Authority of town to adopt zoning Bylaw, chapter 808 of the Acts of 1975. Section VII. SPECIAL DISTRICT REGULATIONS 7.0 Aquifer Protection District 7.1 Floodplain and Manhan River Protection Zoning District 7.2 Wireless Communications Services District (WCSD) 7.3 Solar Energy Facilities 7.4 Smart Growth Zoning Overlay District (SGZD) Section VIII. DEVELOPMENT METHODS 8.0 General Development Standards 8.1 Planned Business Development 8.2 Planned Industrial Development DMweullfgs3ily 8.4 Multifamily Housing for Elderly and/or Handicapped Persons (Section deleted 10-15-08) ApaArtcee8try5 8.6 Planned Unit Residential Development for Affordable Housing 8.7 Planned Unit Development for Mixed Uses 8.8 Downtown Business Development Methods 8.9 Highway Business Development Methods 9.0 Mixed Use/Mill Industrial Development Methods 9.1 Open Space Residential Development 9.3 Transfer of Development Rights 9.4 Traditional Neighborhood Development Regulations Section X. ADDITIONAL LAND USE REGULATIONS Signs 10.0 10.1 Off-Street Parking and Loading Regulations 10.2 Environmental Performance Standards 10.3 Filling of Swales, Valleys, etc. OccupaHtiome10.4 10.5 Commercial Development and Performance Standards 10.6 Removal of Sand, Gravel, Quarry or other Earth Materials 10.7 Adult Entertainment Enterprises 10.8 Keeping of Farm Animals on Residential Lots Section XI. NONCONFORMING USES, STRUCTURES AND LOTS Section XII. ADMINISTRATION AND ENFORCEMENT AOdffi1isrative RequirPdermit12.1 12.2 Previously Approved Permit 12.3 Certificate of Occupancy Required 12.4 Permit Time Limits Violatio2.s 12.6 Board of Appeals PermitSspecial2.7 12.9 Site Plan Approval Section XIII. ADMINISTRATIVE APPEALS AAdppi1ilrative Varian1ce1s Section XIV. AMENDMENT, VALIDITY, AND EFFECTIVE DATE 14.0 Amendment Validity4.1 Date Effectv4e.2 SECTION I. TITLE, AUTHORITY AND PURPOSE The "Easthampton Zoning Bylaw" adopted in 1951 a nd all subsequent amendm ents thereto is hereby amended in total and a revised "Easthampton Zoning Ordinance Map" herein called "this Ordinance" is adopted by virtue of and pursuant to the authoritgranted by Chapter 40A of the General laws of the Commonwealth of Massachusetts as now existing or hereafter amended, herein called the "Zoning Act." (Bylaw of 5/31/79) 2-1 SECTION II. DEFINITIONS 2.0 WOR DDEFINITIONS For the purpose of this Ordinance, certain termand words shall have the following meaning. Words used in the present tense include th e future; the plural number includes 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 "p remises" shall be construe d as though followed by the words "or any portion thereof"; and the world "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. Words not defined in either place shall have the meaning given in Webster's Unabridged Dictionary, Third Edition. Uses listed in the table of use regulations under the classes retail and service trades and wholesale trade and manufacturing shall be further defined by the Sta ndard Industrial Classification Manual published by the U.S. Bureau of the Census. 2.1 TERD M EFINITIONS Abandonment: The cessation of a nonconforming use or structure as indicated by the visible or otherwise indicated intention to di scontinue a nonconforming use of a structure or a lot, or the cessation of a nonconforming use or structure by its replacement with a conforming use or structure. Accessory building: A detached building which: (a) is subordina te in area or extent to the principal building, (b) the use of which is customarily incidental and subordinate to that of the principal building, and (c) is located on the same lot as that occupied by the principal building. An accessory building which is necessary in connection with theprincipal building of scientific research, scientific development or related production, and when the principal use of sientific research and de velopment is permitted by right in a zoning district, may be permitted by speci al permit from the special permit granting authority and does not have to be located on the same lot asthe principal building if the special permit granting authority finds that the proposed accessory building does not substantially derogate from the public good. Accessory use: See use, accessory Active recreation: Leisure time activities, usually of a moformal nature and performed with others, often requiring equipment and taking place at prescribed places, sites or fields. Affordable Housing: Affordable housing units are those whic h may be purchased by families with incomes less than eighty (80) percent of the me dian income for the Springfield-Chicopee-Holyoke Standard Metropolitan Statistical Area, and for whom the whole expenditure for housing costs does not exceed thirty (30) percent of the gross annual income of the owner. (Definition added 10-15-08; approved by Mayor 10-16-08) Agriculture: The production, keeping or maintenance, for sa le or lease of plants and animals useful to man, including but not limited to: forages and sod crops; grains and seed crops ; dairy animals and dairy products, poultry and poultr y products; livestock including beef ca ttle, swine, horses, mules, ponies, or goats or any mutations of hybrids hereof, including th e breeding and grazing of any or all such animals, bees, and apiary products, for animals, trees and forest products; fruits of all kinds, including grapes, nuts and berries, vegetables, floral, nursery, ornamental and greenhouse products, or lands devoted to a soil conservation or forestry management program. Air transportation : Establishments engaged in domestic and foreign transportation by air including airports, flying fields, air cargo, as well as passenger and air freight terminal services. 2-1 Alteration: Any construction, reconstruction or other action resulting in a change in the structural parts, height, number of stories, exits, size, use or location of a building or other structure. Amusement and recreation services: Establishments engaged in providing amusement or entertainment for a fee or admission charge and include, but are not limited to, the following activities: dance halls; studios; theatrical producers; bands, orchestras and other musical entertainment; bowling alleys and billiards and pool establishments; commercial sports such as arenas, rings, racetracks, public golf courses and coin-operated devices; amusement parks; swimming pools; carnival operations; and game parlors. Automotive service station or garage : A building or part thereof whose chief activity is the selling of gasoline, oil and related products for motor vehicles or the provision of lubricating service or general auto repair. Awning: A retractable or fixed shelter projecting from a nd supported by the exterior wall of a building constructed of non-rigid materials on a supporting framework. Bar: An establishment serving alcoholic beverages in wh ich the principal business is the sale of such beverages at retail for consumption on the premises. Basement: A portion of a building, partly below grade, whic h has more than one-half (1/2) of its height, measured from the finished floor to finished ceiling, above the average finished grade of the ground adjoining the building. A basement is not considered a story unless th e ceiling is six (6) feet or more above the finished grade. Bed and Breakfast Use: An owner-occupied single-family dwelling which may rent up to a maximum of three (3) rooming units for transient occupancy and where a breakfast is included in the rent and all accommodations are reserved in advance. Building (see structure ): A structure enclosed within exteriors, walls or firewalls, built, erected and framed of a combination of any materials, whether portable or fixed, having a roof, to form a structure for the shelter of persons, animals or property. For th e purpose of this definition, "roof" shall include an awning or any similar covering, whether or not perm anent in nature. The word "building" shall be construed where the context requires as though followed by the words "or part or parts thereof." Building accessory: See accessory building. Building area: The aggregate of the maximum horizontal cross section of all buildings on a 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: See nonconforming building or structure. Building, principal: A building in which is conducted the principal use of the lot on which it is located. Building coverage: The building area of a lot expressed as a percent of the total lot area. 2-2 Bus terminal: Any premises for the transient housing or pa rking of motor-driven buses and the loading and unloading of passengers. Business repair service establishment : Any building wherein primary occupation is the repair and general servicing of appliances, tools, and other small machinery common to use in homes or businesses, but not including automotive repair or automobile service stations; or any place wherein the primary occupation is interior decorating, to include reupholst ering and the making of draperies, slipcovers, and other similar articles, but not to include furniture or cabinet making establishments. Business services: Establishments primarily engaged in rendering services to business establishments on a fee or contract basis, including but not limited to the following: advertising and mailing; building maintenance; employment service; management and consulting services; protective services; equipment rental and leasing; commercial research, etc. Campground: An area or tract of land on which accommodations for temporary occupancy are located or may be placed, including cabins, tents and recrea tional vehicles, and which is primarily used for recreational purposes and retains an open air or natural character. Canopy: A permanent roof-like shelter that extends from part or all of a building face and is constructed of non-rigid material, except for the supporting framework. Carport: A roofed structured providing space for the pa rking or storage of motor vehicles and enclosed on not more than two sides. Cellar: A portion of a building, partly or entirely below grade, which has more than one-half (1/2) of its height measured from finished floor to finished ce iling, below the average established finished grade of the ground adjoining the building. A cellar is not deemed a story. Childcare facility: Facilities that serve children under seven y ears of age or sixteen years if the children have special needs, or school-age children (under four teen years of age or sixteen years if they have special needs) in programs that are held before or after school hours or during vacations. Cordwood operation: An activity that provides wood for fuel . The wood shall include wood cut to any lengths of less than four feet and more than eight inches for fuel. Country club: A land area and buildings containing recreational facilities, clubhouse and usual accessory uses, open only to members and their guests for a membership fee. Court: An open, unoccupied space other than a yard on the same lot with a building. An inner court is one not extending to a street, alley, right of way, open passageway or yard on the same lot. An outer court is a court extending to a street, alley, passageway or yard on the same lot. Community facilities : Premises owned and operated by a gove rnmental or chartered nonprofit organization, but not including fraternal, sports, or similar membership organizations. Condominium: A multifamily dwelling where the land and building are collectively owned but each unit is individually owned, subject to M.G.L. Ch . 183A (Condominium Law and Ch. 527 of 1983 Condominium Conversion Law). Discount club: A store with a wide variety of merchandise for sale at less-than-retail cost, open on an annual fee for membership or places restrictions upon patrons. 2-3 Discount store : A store advertising a wide variety of merchandise for sale at less-than-retail cost, generally open to the public. District: A zoning district as established by Section III of this ordinance. Drive-in restaurant: A place of business operated for the sale and purchase at retail of food and/or beverages, any part of which is laid out or equippe d so as to deliver prepared food and/or beverages to patrons in motor vehicles or to permit patrons to purchase prepared food and/or beverages for consumption. Drive-through restaurant: A place of business operated for the sale and purchase at retail of food and/or beverages where the patron customarily drives a motor vehicle onto the site and to a window or mechanical drive-through by which the patron is serve d without exiting the vehicle. Prior to service, the engine of the motor vehicle customarily remains in operation. Driveway: An open space, located on a lot, which is not more than twenty-four (24) feet in width built for access to a garage, of off-street parking or loading space. Duplex: A structure on a single lot containing two dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units. Dwelling: A privately or publicly owned permanent stru cture, containing a dwelling unit or dwelling units. Hotels, lodging houses, hospitals, membership clubs, or dormitories shall not be considered dwellings. Dwelling, detached: A dwelling which is not attached to any other dwelling by any means. Dwelling, single-family: A structure containing one (1) dwelling unit. Dwelling, multifamily: A building containing two (2) or more dwelling units. Multifamily dwellings also include multifamily housing for the elderly/an d or disabled persons. Multifamily developments include one or more multifamily dwellings. (Def inition amended 10-15-08; approved by Mayor 10-16- 08) Dwelling unit: One or more living or sleeping rooms arranged for the use of one or more individuals living as a single housekeeping unit, with cooking, living, sanitary, and sleeping facilities. Encroachment: Fill, construction of new structures, substantial improvement to existing structures or other development. Essential services : Services provided by public utility or governmental agencies through erection, construction, alteration, or main tenance of underground or overhead gas, electrical, steam or water transmission or distribution systems and collection, communication, supply, or disposal systems. Facilities necessary for the provision of essential servi ces 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: A number of individuals related by blood, ma rriage and/or adoption or a group of unrelated individuals not to exceed four (4) who are occupying a dwelling unit and living as a single nonprofit 2-4 housekeeping unit. This definition, however, does not apply to non-related disabled persons as defined by any applicable federal and/or state law and/or regulations. Family home day care: Any private residence which on a regular basis, receives for temporary custody and care during part or all of the day, children under seven years of age or children under sixteen years of age if such children have special needs; provided, however, in either case, that the total number of children shall not exceed six, including participating children living in the residence. Family home day care shall not mean a private residence used for an informal cooperative arrangement among neighbors or relatives, or the occasional care of children with or without compensation therefor. Fence: An artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land. Flood line: The limits of flooding from a particular bod y of water caused by a storm with a minimum intensity of five (5) years or greater, as determin ed and certified by a registered professional engineer, qualified in drainage. Floodplain: Areas which would be flooded during the occurrence of the 100-year flood, shown as Zones A, A1-30 on the Easthampton Flood Insurance Rate Maps. Floodway: The channel of a river or other watercourse plus any adjacent areas that must be kept free of encroachment in order that the 100-year flood may be carried without any increase in flood heights, as shown on the Easthampton Flood Boundary and Floodway Map. Floor area, gross : The sum of the area of the several floors of a building, measured from the exterior faces of the walls. It does not include cellars , unenclosed porches or attics not used for human occupancy, or any floor space in ac cessory buildings or in the main building intended and designed for the parking of motor vehicles in order to meet the pa rking requirements of this Ordinance, or any such floor space intended and designed for accessory heating and ventilating equipment. Floriculture: The cultivation of ornamental flowering plants. Forestry, commercial: Establishments conducted as a business and primarily engaged in the operation of timber tracts, tree farms, forest nurseries, the gath ering of forest products, or in performing forest services. Funeral establishment: An establishment used for the preparati on of the deceased for burial and the display of the deceased and ceremonies connected therein before burial or cremation. Garden center: An establishment where the primary busin ess includes a yard of plantings and landscape stock and where tools, applications, and other necessities used in the practice of gardening are sold. Greenhouse or nursery : Premises used for the gainful purpose of propagation of trees, shrubs, vines, flowers, or other plants for transplanting, stock for grafting, or for cut flowers. 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 flat roof, or the mean level of the highest gable or slope of a hip roof. Heliport: An area, either at ground level or elevated on a structure, licensed or approved for the loading and unloading and takeoff of helicopters, and including auxiliary facilities such as parking, waiting room, fueling and maintenance equipment. 2-5 Helistop: A heliport, but without auxiliary facilities such as parking, waiting room, fueling and maintenance equipment. Home occupation: An accessory use which by custom has be en carried on entirely within a dwelling unit, and is incidental and subordina te to the dwelling use and which shall not occupy more than twenty- five (25) percent of the gross floor area or three hundred (300) square feet, whichever is less, of the dwelling units used. In connection with such use th ere 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 no more than one nonresident employee, and shall not in an y manner change the residential character of the building. Accessory uses include general home occ upation uses, home office or studio uses, or home trade occupation uses. Horticulture: The cultivation of a garden or orchard. Hospital: An institution providing primary health services and medical or surgical care to persons, primarily in-patients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including, as an integral pa rt of the institution, related facilities such as laboratories, outpatient facilities or training facilities, a sanitarium, a sanitarium, and clinic. The term "hospital" does not include a rest home, nursing home and/or convalescent home. Hospital, veterinary: A building providing for the diagnosis and treatment of ailments of animals other than human, including facilities for overnight care, but not including crematory facilities. Hotel: A building or any part of a building containing rooming units without individual cooling facilities for transient occupancy; dining rooms, function rooms and other support services may be included. Access to the individual sleeping rooms is usually through a lobby and interior corridors. Includes an inn, but does not include a motel, motor inn and tourist court, boardinghouse, or rooming house. Junkyard: Any area, lot, land, parcel, building or struct ure or part thereof used for the collection, storage, processing, purchase, sale or abandonment of wastepaper, rags, scrap metal or other scrap or discarded goods, materials, machinery or three or more unregistered, inoperable motor vehicles or other type of junk. Kennel, commercial : An establishment licensed to operate a facility housing dogs, cats, or other household pets and where grooming, breeding, boardi ng, training or selling of animals is conducted as a business. Kennel, private: Any building or land designed or arranged for the care of dogs, cats or other household pets belonging to the owner of the residential, prin cipal use, kept for purposes of show, hunting, or as pets. Loading space: An off-street space used for loading or unloa ding, not less than fourteen (14) feet in width, forty-five (45) feet in length and fourteen (14) feet in height, and containing not less than one thousand three hundred (1,300) square feet including both access and maneuvering area. Lodging house: A building containing more than two (2) lodging units for semi-permanent residence (longer than one (1) week) for compensation and which meals may also be supplied as part of the fee. This shall not include bed and breakfast home uses , congregate housing, motels, hotels, multi-family dwellings, or nursing homes. 2-6 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: A parcel of land. In order to be used for build ing purposes, it must meet the criteria for a building lot. Lot, building: A parcel of land held in one ownership m eeting the dimensional requirements of this zoning ordinance in which such land is situated, and if occupied by a principal building and its accessory buildings, meeting the minimum yard requirements of that district, and defined on a plan or deed recorded in the Hampshire County Registry of Deeds. Lot depth: The mean horizontal distance between the front lot line and the rear lot line. See Diagram 2- 1. Lot frontage: The horizontal distance measured continuously along the front lot line between the points of intersection of the side lot lines with the frontlot lines. Frontage shall provide both rights of access and potential vehicular access across that lot line to a potential building site. That portion of a lot fronting on a discontinued or unconstructed road does not constitute frontage. See Diagram 2-2. Lot width: The horizontal distance between the side lot lines as measured at the minimum front yard depth required by this ordinance and parallel to the street line. See Diagram 2-1. Lot corner: A lot at the point of intersection of two (2) or more intersecting streets, the interior angle of intersection of the street lot lines, or in case of a curved street, extended lot lines, being not more than one hundred thirty-five (135) degrees. See Diagram 2-3 Lot, interior: Any lot other than a corner lot or through lot. See Diagram 2-4. Lot, nonconforming: See nonconforming lot. Lot, through: An interior lot, the front and rear lot lines of which abut streets, or a corner lot two (2) opposite lines of which abut streets. The owner sha ll designate one street line as the front lot line. See Diagram 2-4. Low-level radioactive waste: Any low-level radioactive waste as de fined in the Atomic Energy Act of 1954, Section 11e(2) as from time to time amended. Manufactured home : A structure, built in conformance to the National Manufactured Home Construction and Safety Standards wh ich is transportable in one or more sections, which in traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, is three hundred twenty (320) or more squa re feet, and which is built on a permanent chassis and designed to be used as a dwelling unit with or without permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems contained therein as defined in M.G.L. Chapter 140, Section 32Q, as amended. Manufacturing: A facility primarily for heavy or light industry and the manufacture or assembly of a product including processing, blending, fabrication, assembly, treatment and package. Incidental activities such as storage, offices, wholesale sales, retail sales and employee-only recreation and eating facilities are permitted. (Manufacturing may include , but is not limited to, the following products: aircraft parts; ceramics, pottery; cosmetics; engine s; furniture and home furnishings; pharmaceuticals; poisons, pesticides and the like; soap, glue, detergen ts and related by-products ; wallboard, joint cement 2-7 and plaster; etc. Manufacturing may include, but is not limited to, the following materials: aluminum, sheet metal, steel; bone, shell, cellophane; gypsum; hy drocyanic acid, tar, coal tar, asbestos, beryllium, trichloroethylene, vinyl chloride; rubber; textiles, w ool, yarn, felt, canvas, leather, paper cloth; wood, cork, fiberglass, clay, glass, plastics; fertilizer; etc. Manufacturing may include, but is not limited to the following processes: metal engraving, metal fabrica tion, welding, foundry; asphalt plant, sand blasting plant; fertilizer works; forging, drop forging, drop hammer, boiler works; printing; metal plating and finishing; spray painting; etc.) Medical/dental center or clinic : A building or group of buildings used for the offices and facilities accessory to the practice of licensed medical practitione rs, (including physicians , dentists, optometrists, ophthalmologists, and persons engaged in all fields related gene rally to medicine, but not including veterinarians) and including such common facilities as an outpatient clinic or emergency treatment rooms, but not including inpatient facilities. Membership club: A social, sports or fraternal association or organization which is used exclusively by members and their guests and which may contain bar facilities. Motel: A building or any part of a building containing rooming units without individual cooking facilities for transient occupancy each of which mainta ins a separate outside entrance including, a motel, motor inn and tourist court, but not including a boardinghouse, lodging house, or rooming house. Multifamily Housing for the Elderly and/or Handicapped Persons: Multifamily housing where at least one occupant must be age 55 or older or is disable d. A surviving spouse or partner under the age of 55 will be allowed. (Definition added by City Council on 1-4-05; approve d by Mayor 1-5-05; amended 10-15-08; approved by Mayor on 10-16-08). Nonconforming building or structure : A building or structure, existing at the effective date of this ordinance, or any subsequent amendment to, which do es not conform to one or more provisions of this ordinance. Nonconforming lot: A lot lawfully existing at the effective date of this ordinance, or any subsequent amendment to, which is not in accordance with all the provisions of this ordinance. Nonconforming use: A use lawfully existing at the time of adoption of this ordinance, or any subsequent amendment thereto, which does not conform to one or more provisions of this ordinance. Nursing, rest or convalescent home : An extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to indi viduals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves. Occupancy permit: A permit authorizing the occupancy and use of land and/or structures and buildings. Open space: The space on a lot unoccupied by buildings, st ructures, driveways, off-street parking or loading spaces or other impervious surfaces. Owner: The duly authorized agent, attorney, purchaser, devisee, trustee, lessee or any person having vested or equitable interest in the use, structure or lot in question. Parking space: An off-street space having an area of not less than two hundred (200) square feet plus access and maneuvering space, whether inside or outsid e a structure for exclusiv e use as a parking stall for one motor vehicle, and further being surfaced with durable pavement. Passive recreation: Any leisure activity not considered active. 2-8 Permit granting authority: The permit granting authority for vari ance and administrative appeal in the City of Easthampton, Massachusetts shall be the board of appeals. Personal and consumer service establishment : Any building wherein the primary occupation is the repair, care of, maintenance or customizing of pers onal properties that are worn or carried about the person or are a physical component of the person. Personal service establishments shall include, but not be limited to: barber shops, beauty shops, pet grooming establishments; laundering, cleaning and other garment servicing establishments; tailors, dressmaking shops, shoe cleaning or repair shops; health clubs; and other similar places of business, but not including offices of physicians, dentists, and veterinarians, or any other recognized professional. Planned development: A development involving the construction of two (2) or more principal buildings on the same lot for any permitted use. Principal use: See use, principal. Private garage: A structure which is accessory to a buildi ng and which is used for the parking and storage of vehicles owned and operated by the occupa nts thereof, and which is not a separate commercial enterprise available to the general public. Professional services: Establishments primarily engaged in re ndering services by professional persons on a fee or contract basis, including, but not limited to the following: accounting, auditing, and bookkeeping; medical, dental or health; planning, en gineering and architectural; education and science; attorneys and notary publics; etc. Recorded: Recorded in the Hampshire County Registry of Deeds or registered in the Hampshire County Registry of the Land Court of the Commonwealth of Massachusetts. Recreational facility: A place designed and equipped for the conduct of sports leisure time activities and other customary and usual recreational activities. Recreational facility, nonprofit: A recreational facility not conducted or maintained for the purpose of making a profit. Research office or establishment : A facility primarily for scientific or product research, investigation, testing, or experimentation, along with incidental offices, incidental storage, incidental manufacture and sale of products, and incidental employee-only facilities. Restaurant: An establishment where food and drink is prep ared, served and consumed primarily within the principal building. Restaurant, drive-in: A building or portion thereof where food and/or beverages are sold in a form ready for consumption and are usually serve d to or consumed by patrons who are outside the confines of the building, often in a motor vehicle. Riverbank: The mean annual high-water line, located within a river bank, that is apparent from visible markings, changes in the character or soils or ve getation due to the prolonged presence of water and which distinguishes between predominantly aquatic and predominantly terrestrial land. Riverine material : Stone, rock, gravel, soil or other mate rials which comprise the river’s bed or riverbank. 2-9 Sanitarium: A hospital used for treating chronic and usually long-term illness. Sign: Any permanent or temporary structure, device, letter, word, model, banner, pennant, insignia, trade flag, or representation used as, or which is in the natu re of an advertisement, announcement, or direction, or is designed to attract the eye by intermittent or repeated motion or illumination. Sign, business: A sign used to direct attention to a service, product sold, or other activity performed on the same premises upon which the sign is located. Sign, identification: A sign used simply to identify the name, address, and title of an individual family or firm occupying the premises upon which the sign is located. Sign, surface area of: (1) For a sign, either freestanding or attached, the area shall be considered to include all lettering, wording, and accompanying designs and symbols, together with the background, whether open or closed, on which they are displayed, but not including any supporting framework and bracing which are incidental to the display itself. (2) For a sign consisting of individual letters, d esigns and symbols attached to or painted on a surface, building, wall or window, the area shall be considered to be that of the smallest quadrangle which encompasses all of the letters, and designs and symbols. Special permit: A process which allows the city to conduct a more detailed review of certain uses and structures which may have a significant impact on their surroundings and ensures proposals are consistent with the purposes of the zoning ordinance, as specified in Section V of this ordinance. Such special permit shall be issued in accordance with the provisions of Sections X(i) and X(1), of this Ordinance. Special Permit Granting Authority: The Special Permit Granting Authority for the City of Easthampton, Massachusetts shall be the Board of Appeals or Pl anning Board as provided in Sections V and Section X of this ordinance. Stable, commercial: A building where horses are kept for remune ration, hire, sale, boarding, riding or show. Stable, private: A building incidental to an existing residential, principal use that shelters animals for the exclusive use of occupants of the premises. Story: That part of a building comprised between a floor and the floor or roof of next above. If the mezzanine floor area exceeds one-third (1/3) of the floor immediately below it shall be deemed a story. A basement shall be deemed to be a story when its ceiling is six (6) or more feet above the finished grade. A cellar shall not be deemed to be a story. An attic shall not be deemed to be a story if unfinished and without human occupancy. A story in a sloping roof, th e area of which story, at a height four (4) feet above the floor does not exceed two-thirds (2/3) the fl oor area of the story immediately below it, shall be counted as a half story. Street: A way which is over thirty (30) feet in right-of-way width which is dedicated or devoted to public use by legal mapping or by any other lawful procedure. A street includes: (a) all public ways, 2-10 (b) a way shown on a plan approved and endorsed in accordance with the “Subdivision Rules and Rgulations” of Easthampton, Massachusetts, and (c) A way having in the opinion of the Easthampton Planning Board sufficient width, suitable grades and adequate construction, or has been secure d by an adequate performance guarantee by the Planning Board pursuant to the Subdivision Control Law , to provide for the needs of vehicular traffic in relation to the proposed uses of the la nd abutting thereon or served thereby, and for the installation of municipal services to serve such land and the building erected or to be erected thereon. Street right-of-way: A general term denoting land, property or in terest therein, usually a strip acquired for or devoted to a planned roadway. A street right-of-way should be sufficient to accommodate the ultimate roadway, including, but not limited to: the street pavement, shoulder, grass strip, sidewalk, public utility facilities, street trees, and snow storage. Structure: A combination of materials assembled at a fixed location to give support or shelter, such as a building, bridge, trestle, tower, framework, retaining wall, tank, tunnel, tent, stadium, reviewing stand, platform, bin, fence, sign, flagpole, or the like, recreational tramway, mast for radio antenna. Structure: See nonconforming building or structure. Substantial improvement: Improvement to a structure or building which exceeds 25% of the original footprint of such structure or building. Substantially different use: See use, substantially different. Supermarket: A retail establishment primarily selling food as well as other convenience and household goods. Trailer: Any vehicle or object on wheels having no motive pow er of its own, but which is drawn by or used in combination with, a motor vehicle. Transportation service facility : An establishment providing trans portation services including, but not limited to, the following: air transportation; bus te rminals; heliports and helistops; railroad yards and railroad passenger terminals; truck stops, trucking terminals; etc. Truck stop: Any building, premises or land in which or upon which a business service, or industry involving the maintenance, servicing, storage or repa ir of commercial vehicles is conducted or rendered including the dispensing of motor fuel or other petr oleum products directly into motor vehicles, the sale of accessories or equipment for trucks and similar commercial vehicles. Trucking terminal: An area and building where cargo is stored and where trucks load and unload cargo on a regular basis. 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 structure. Accessory u se by area shall be interpreted not to exceed forty (40) percent of the area of the total use of the structure or lot on whic h it is located, except for u ses accessory to scientific research, development or related production. For hom e occupations, refer to section 10.4. When the principal use is permitted by right in a zoning district , an accessory use for scientific research development or related production may be permitted by special permit from the special permit granting 2-11 authority and the use does not have to be located on the same lot as the principal permitted use if the special permit granting authority finds that the pr oposed accessory use does not derogate from the public good. Use, nonconforming: A use lawfully existing at the time of adoption of this ordinance or any subsequent amendment thereto which does not conform to one or more provisions of this ordinance. Use, principal : The main or primary purpose for which a st ructure 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 unde r this ordinance shall be considered an accessory use. Use, substantially different : A use which by reason of its normal operation would cause readily observable differences in patronage, service, sight, no ise, employment or similar characteristics from the use to which it is being compared. Variance: Such departure from the terms of this ordinance relating to structures, front yard, side yards, frontage requirements and/or lot size as the Board of Appeals, upon appeal in specific cases, is empowered to authorize under the terms of Section XII. A variance is granted because strict enforcement of the zoning ordinance as it applies to a specific lot would cause an undue hardship and present site- specific practical difficulties that are not relevant to other lots in the district. Viticulture: The cultivation of grapes. Warehouse, discount: An establishment with a wide variety of merchandise for sale at less-than-retail cost, open on an annual fee membership basis or places restrictions on patrons. Warehousing: Terminal facilities for handling freight with or without maintenance facilities. Wholesale trade : Establishment or places of business primar ily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise fo r, or selling merchandise to, such individuals or companies. Yard: A portion of a lot upon which the principal buildin g 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. See Diagram 2-2. 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. See Diagram 2-2. Yard, rear: A yard, except by a necessary 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. See Diagram 2-2. (Bylaw of 5-31-79; Bylaw of 5-19-82; Bylaw of 5-12-88, Approved 7-15-88) 2-12 2-13 SECTION III. ESTABLISHMENT OF ZONING DISTRICTS 3.0 DIVISIO INTDOISTRICTS The City of Easthampton, Massachusetts is hereby divided into fourteen (14) zoning districts to be designated as follows: Full Name Short Name Residential - Rural A R-80 Residential - Rural B R-40 Residential - Rural C R-35 Residential - Suburban A R-15 Residential - Suburban B R-10 Residential - Urban R-5 Downtown Business DB Highway Business HB Neighborhood Business NB Industrial I Mixed Use/Mill Industrial MI Overlay Zoning Districts Aquifer Protection AP Floodplain and Manhan River Protection FL Wireless Communications Services District WCSD Smart Growth Zoning Overlay District SGZD 3-1 3-2 3-3 3.1 ZONING MAP The location and boundaries of the zoning distrcts are hereby established as shown on a map titled "Zoning Map of the Town of Easthampton, Massachusetts," dated May 29, 1990, which accompanies and is hereby declared to be a part of this ordinance. The authenticity of the zoning map shall be identified by the signature of the City Clerk, and the imprinted seal of the city under the following words: "This is to certify that this is the zoning map of the Town Easthampton, Massachusetts, which was approved by the town meeting May 29, 1990." 3.2 CHANGES TO THE MAP Any change in the location of boundaries of a zoning di strict hereafter made through the amendments of this ordinance shall be indicated by the alteration of such map, and the map thus altered as declared to be part of the ordinance thus amended. The zoning map shall be drawn at a scale of one inch equals eight hundred (800) feet with ink on stable material, and sha ll be located in the town hall. Such changes shall be made by the Board of Public Works within fifteen (15) days of the effective date of the amendment. 3-4 3.3 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: 3.3.1 Where a boundary is indicated as a street, railroa d, watercourse or other body of water, it shall be construed to be the centerline or middle ther eof, or where such boundary approximates a city boundary, then to the limits of the city boundary. 3.3.2 Where a boundary is indicated as following a pproximately 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, any distance shall be determined by the use of the scale shown on the zoning map. 3.3.3 Where a dimensioned boundary coincides within ten (10) feet or le ss with a lot line, the boundary shall be construed to be the lot line. 3.3.4 Where a boundary is indicated as intersecting the centerline of a street, railroad, watercourse or other water body, 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. 3.3.5 Wherever any uncertainty exists as to the ex act location of a zoning district boundary, the exact location shall be as determined by the Building Inspector. (Bylaw of 5/31/93) 3-5 SECTION IV. INTERPRETATION AND APPLICATION 4.0 INTERPRETATION The provisions of this ordinance shall be interpted to be the minimum requirements adopted for the promotion of the health, safety, convenience, morals, or the general welfare of the City of Easthampton, Massachusetts; and except for the zoning ordinance of the Town of Eastha mpton dated 1951 and any amendments thereto, the provisions of this ordinance ar e not intended to repeal, or in any way impair or interfere with any lawfully adopted ordinance or regu lations, or rules. Whenever the regulations made under the authority hereof differ from those prescribed by any ordinance or other regulations, that provision which imposes the greater restriction or the higher standard shall govern. 4.1 APPLICATION Except as herein provided, or as specifically exempted by the Zoning Act, the provisions of this ordinance shall apply to the moving, erection, construction, econstruction, alteration, or use of buildings and structures or use of land. 4.2 APPLICATION OF ZONING TO LA WFUL NONCONFORMING USES OR STRUCTURES 4.21 This zoning ordinance shall not apply toany nonconforming use or structure under the following circumstances: a. Insubstantial or trivial extension of a use. b. Alteration of a structure to provide a use not substantially different in purpose from the existing use. c. Alteration of a structure to provide the same use in a manner which is not substantially different or to a substantially greater extent than the existing use. d. Alteration, extension, reconstruction or st ructural change to a single or two-family residential structure if the nonconforming nature of the structure is not increased. 4.22 This zoning ordinance shall apply to any nonconforming use or structure under the following circumstances: a. Any change of a use. b. Substantial extension of a use. c. Any extension of a structure except single and two-family residential structure. d. Any structural change to a structur e except single and two-family residential structure. e. Any alteration of a structure to provide a use which is different in purpose from the existing use. f. Any alteration of a structure to provide th e same use but in a substantially different manner or to a substantially greater extent than the existing use. 4.3 MIXE UDSES In cases of mixed occupancy, the regulation for each use shall apply to the portion of the building or land so used. (Bylaw of 5-31-79) 4-1 SECTION V. USE REGULATIONS 5.0 APPLICABILITY OF USE REGULATIONS Except as provided in the Zoning Act or in this ordinance, no building, structure, or land shall be used except for the purposes permitted in the district as describ ed in this section. Any use not listed shall be construed to be prohibited. 5.1 PERMITTE USES The restrictions and controls intende d to regulate development in each district are set forth in Table 5-1 Use Regulations as follows: P - Use Permitted by Right in the District PA - Use Permitted with Site Plan Approval in the District from the Planning Board in accordance with Section XII. SP - Use Permitted by Special Permit in the District from the Zoning Board of Appeals, in accordance with Section XII SPB - Use Permitted by Special Permit in the District from the Planning Board, in accordance with Section XII -Poshibited 5.2 USES SUBJECT TO OTHER REGULATIONS Uses permitted by right or by special permit shasubject, in addition to use regulations, to all other provisions of this ordinance. 5.3 TABLE OF USE REGULATIONS 5.31 See Table 5-1 on accompanying pages wh ich is declared to be a part of this ordinance. 5.32 Aquifer Protection District See Section 7.0, the Aquifer Protection District, to determine what uses are permitted. 5.33 Flood Plain Zoning District/Manhan River Protection District See Section 7.1, the Flood Plain Zoning District, to determine what uses are permitted. 5-1 - HB NB GB - - I - MI- - - 1 SPB SPB SPB - SPB - - SPB^SPB SPB SPB - SPB ning District use regulations when applicable. special permit from the Planning Bd. under Sec. - - - - UsPlaensinteioPlanning Boardecliero PA SP Table 5-1 P P P SP PA* S SPBBSSPBBSSPB*^*SP-B+ - PA Easthampton Table of Use Regulations NeindMusxidlodse/siilsIndustrial ZONING DISTRICTS** by the City CouncIl on 9-2-09; approved by the Mayor on 9-3-09 NB - MI - Seesancdtons.8.3 for PditinalP P P SPSPSPSP- - - - - - - - ReRieRieiilidlRutaaluifurierrftl reraea V N O I T C E S Uses +A*Amn*ddenndeot,C-nuhel1-lnt4-n1yusiass(0-1)*isr1Se7deoonn7 dwelling 15% affofradilellieglliinngg^to two-family PRINR CIPSI1.EEin2Ie-fa3liMde4tShTAdtla.wCllingrelinDoITeiihiSeeonee-tin-813 fo-1ddRitonaRl-ta0Ra-ds DB - SP 5-3 - SP - SP - SP HB NBGB I MI SP 1 - SP ing District use regulations when applicable. - special permit from the Planning Bd. under Sec. SP - SP - SP SP SP SP SP Table 5-1 - - - - - -PASPBSBSPBB SPB SPB - - - - - - SP SP SPBPSPB- - - - - - --- Easthampton Table of Use Regulations andardPs P P P P P - - - - - - ZONING DISTRICTS* Seesandtrnst.ndfiraSestandtodns.8.7 for additionaltoraaldditional st V N O I T C E S fafilyr-aelings to threevaoopinem tifxoufeovaelpmDeevtelo*Se1e.Nectiocn.tuocroqudfeelorptetitnDthierctwunste PRINR CEISID.ENSTnIers,co7.iexistn.rDnnarmAen.tPlainedtOlpit11v.-cejResidei-i5lal-35 R-40 R-80 DB 5-4 MI I GB SECTION V NB HB 1 DB ing District use regulations when applicable. special permit from the Planning Bd. under Sec. R-80 R-40 R-35 R-15 Table 5-1 R-10 Table 5-1 P P P P P P P P P PPSP R-5 Easthampton Table of Use Regulations state sanitary code Templacrdihthanntamrdhrsi(gs2aasthf5me1ytaeabairubcect5o9i/cl)des P P P P PP P P P P P P P P PPP STANDARDS AND CONDITIONS 7 . 2 1 *Se1e.ecwtiocn.tuocronqdiereorpteetitnDthirictwunste homloeatebauplloedlocatstreamreother purpose onC lndgewolededr;irttinb;elrtobutoic.tofit PRINC ZRIPAI1.UTSTmIAoraryEManuOfacturYd COM1 M.CNhIrch.FrdutcLtrenglourspose which is - 5-5 MI - I - GB - NB - HB 1 - DB ing District use regulations when applicable. special permit from the Planning Bd. under Sec. SP R-80 SP R-40 PA R-35 SP R-15 SP R-10 SP R-5 Easthampton Table of Use Regulations STANDARDS AND CONDITIONS P P P P PP P PP PP P PPPPAPPPPPSPA SPPASPPASPPASPPASPAA-PASAPPAP--A-AP- --P- -P-- PA PA PAPAPA 12.7 *S1e.Nectiocnn.tuocronqdiereorpteecntnDthierctwuno
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