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ZONING BYLAW TOWN OF HAMPDEN MASSACHUSETTS 11/30/2004 - 2 - TABLE OF CONTENTS Approved 2001, unless otherwise noted SECTION 1. PURPOSES SECTION 2. DEFINITIONS SECTION 3. DISTRICTS SECTION 4. CONTINUANCE OF EXISTING USES SECTION 5. NEW CONSTRUCTION AND NEW USES SECTION 6. USE REGULATIONS SECTION 7. DEVELOPMENT OF SITES & LOCATION OF BUILDING STRUCTURES SECTION 8. ADMINISTRATION SECTION 9. BOARD OF APPEALS SECTION 10. SPECIAL PERMITS SECTION 11. AMENDMENTS SECTION 12. VALIDITY 11/30/2004 - 3 - 11/30/2004 - 4 - SECTION 1 PURPOSES The purpose of this zoning bylaw is: • to conserve health and secure safety from fire, flood, and other dangers; • to prevent overcrowding of land and avoid undue concentration of population; • to conserve natural resources and prevent pollution of the environment; • to encourage the most appropriate use of land throughout the town and • to provide regulations to fulfill said objectives in accordance with the provisions of Chapter 40A, as revised by Chapter 808 Acts of 1975, of the General Laws of the Commonwealth of Massachusetts. 11/30/2004 - 5 - SECTION 2 DEFINITIONS For purposes of this bylaw certain terms and words are herein defined as follows: Words used in the present tense include the future; words in the singular number include the plural number, and words in the plural number include the singular number; the word “shall” is mandatory and not directory; the word “building” includes the word “structure”, the word “lot” includes the word “plot”, and the word “land” includes “marsh” and “water”. 2.1 AccessB oruyilding A detached building which is subordinate to the main building, the use of which is customarily incidental to that of the main building. When an accessory building and a main building share a common wall, or are attached by a covered or roofed structure, the accessory building shall be considered to be part of the main building. 2.2 AccessU orsye A subordinate use of a building or premises for a purpose customarily incidental to the main or principal permitted use. 2.3 Aduslt An establishment whose primary purpose is providing entertainment, publications, or other material of a sexual nature. 2.4 Alteration A change in or addition to a structure. 2.5 AmusemB enutsiness An establishment engaged in providing amusement or entertainment for a fee or admission charge and including such activities as dance halls, studios, theatrical productions, musical entertainment, bowling alleys, billiard and pool establishments, and games. 2.6 Assess Vedluation The valuation placed upon the land or building in question as carried on the books of the Town for purposes of real estate taxation. 2.7 Assisted Living Facility A special combination of housing, supportive services, personalized assistance and healthcare designed to respond to the individual needs of those who need help with activities of daily living. 2.8 Attic The space between the ceiling of the top story of a building and its roof and not used for living, sleeping or eating quarters. 2.9 Aquifer Geologic formation composed of rock or sand and gravel that contains significant amounts of potentially recoverable potable water. 2.10 Automobile Service Station A facility intended for the retail dispensing or sale of vehicular fuels; including and as an accessory use the sale and installation of lubricants, tires, batteries and similar accessories. 11/30/2004 - 6 - 2.11 Automotive Repair, Services, and Garages A facility that furnishes automotive repair, rental, leasing and parking services to the general public. 2.12 Base Flood Elevation The highest elevation, expressed in feet above sea level, of the level of floodwaters occurring in the regulatory base flood. 2.13 Bed and Breakfast Inn A house, or portion thereof, where short-term lodging rooms and meals are provided. The operator of the inn shall live on the premises or in adjacent premises. 2.14 Boarding or Rooming House A building or premises, other than a hotel, inn, motel, tourist court or lodging house, where rooms are let and where meals may be regularly served by pre-arrangement for compensation; not open to transient guests; in contradistinction to hotels, restaurants and tourist homes, which are open to transients. 2.15 BuffSertrip A portion of land set aside to separate the remainder of other districts from residential districts. Buffer strips shall be landscaped or left natural as required by the Planning Board and may not be used for parking areas, circulation of traffic, or for accessory buildings. 2.16 Building A structure having a roof or cover supported by columns or walls for the shelter, support or enclosure of persons, animals or property. The word “building” shall be construed, where the context allows, as though followed by the words “or part or parts thereof”. A porch shall be considered part of the building in determining setback requirements. 2.17 Buildingc, cessory A detached building which is subordinate to the main building, the use of which is customarily incidental to that of the main building. When an accessory building and a main building share a common wall, or are attached by a covered or roofed structure, the accessory building shall be considered part of the main building. 2.18 BuildiCgommissioner Building Commissioner shall mean the Inspector of Buildings or other designated authority, or his duly authorized representative, charged with the enforcement of this bylaw. 2.19 BuildiCgoverage That percentage which the aggregate area of all buildings on the lot bears to the total area of the lot. 2.20 BuildiHgeight The vertical distance between the highest point of the roof and the average grade of land on which the building is located. 2.21 BuildiLgine: The line established by law beyond which a building shall not extend. 2.22 BuildiLgot A building lot is that area of land described in an application for a building permit or an application to the Board of Appeals for a special permit, exception or variance, or otherwise defined as the area on which the structure is to be constructed or a certain use is to be carried on. A building lot shall not include any part of a street which is relied upon to qualify the lot as to frontage. 2.23 BuildiPgermit 11/30/2004 - 7 - Written permission issued by the proper building authority for the construction, repair, alteration, or addition to a structure. 2.24 Building, Principal A building in which is conducted the principal use of the lot on which it is located. 2.25 Campground A plot of ground upon which two or more campsites are located, established or maintained for occupancy by the camping units of the general public as temporary living quarters for recreation, education, or vacation purposes. 2.26 Campin Ugnit Any tent, trailer, cabin, lean-to, or similar structure established or maintained and operated in a campground as temporary living quarters for recreation, education, or vacation purposes. 2.27 Campsite Any plot of ground within a campground intended for the exclusive occupancy by a camping unit or units under the control of a camper. 2.28 Cemetery Property used for the interring of the dead. 2.29 ChiCldreenter A licensed facility with classrooms employing teachers with Early Childhood Education accreditation enrolling children where tuition, fees or other forms of compensation are charged for the care, protection and supervision on a regular schedule of children from 2 months to school age. 2.30 Child Care Home A private single-family home licensed for the care, protection and supervision for a fee of 6 or fewer children, including children of the adult provider, who must be a resident of the home. 2.31 Church or Religious Structure A building or structure, or groups of buildings or structures, which by design and construction are primarily intended for the conducting of organized religious services and accessory uses, associated therewith. 2.32 Classroom A structure, or portion thereof, whose primary purpose is for education and/or training. 2.33 CleCarutting The cutting of all trees on a site. 2.34 Club A group of people organized for a common purpose to pursue common goals, interests or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, and a constitution and bylaws. 2.35 Commercial Recreation Use A recreation use or facility operated as a private enterprise and open to the general public. 2.36 CommerciU al e Activity carried out for pecuniary gain. 11/30/2004 - 8 - 2.37 Commo Dnriveway amended 4/29/2002 A vehicular access from a road to more than one residential units, built in accordance with the common driveway standards stated in this bylaw, where allowed by special permit. 2.38 Communications Towers: Approved October 26, 1998 2.381 Co-location: The use of a single mount on the ground by more than one carrier (vertical co-location) and/or several mounts on an existing building or structure by more than one carrier. 2.382 Lattice Tower: a type of mount that is self-supporting with multiple legs and cross- bracing of structural steel. 2.383 Monopole: The type of mount that is self-supporting with a single shaft of wood, steel or concrete and a platform (or racks) for panel antennas arrayed at the top. 2.384 Wireless Communications Facilities: The structures and devices designed to facilitate cellular telephone services, personal communications services and enhanced specialized mobile radio service as defined in Section 704 of the Federal Telecommunications Act of 1996. Included are towers, antennae mounted to towers or other structures, and accessory structures, such as sheds, which are directly required for facility operations. 2.39 Condominium A building, or group of buildings, in which units are owned individually, and the structure, common areas, and facilities are owned by all the owners on a proportional, undivided basis; may be either residential, business or industrial. 2.40 Condominium C,ommercial A building, or group of buildings, used for offices, businesses, professional services and other commercial enterprises organized, owned and maintained as a condominium. 2.41 Congregate Housing for Elderly and Handicapped Persons A structure or structures arranged or used for the residence of persons age fifty-five (55) or older, or for handicapped persons, as defined in Chapter 121B of the M.G.L. with some shared facilities and services which may include meals, housekeeping, and personal care assistance. 2.42 ConservatioRnestriction A legally binding deed restriction which precludes future or additional development of the land and permanently protects open space. 2.43 Coop, Pen, or Stable An accessory building or enclosure for the keeping of domestic pets, animals or birds for the use and pleasure of the residents thereof. 2.44 CornLert A lot abutting on two (2) or more streets at their intersection. 2.45 Court An open space, other than a yard, on the same lot with a building, which space is bounded on three sides or more by the walls of such building. 2.46 Dwelling Any building, or part thereof, used in while or in part for the continuous or permanent habitation of one (1) or more persons, but not including trailers or mobile homes, however mounted, or commercial accommodations for transient occupancy. 11/30/2004 - 9 - 2.47 DwellinMg,ulti-Family A dwelling used or occupied by three (3) or more families, including apartment houses, apartment hotels, and group dwellings. 2.48 DwellinMg,ulti-Unit Any structure constructed to house two (2) families or more. 2.49 DwellinUgnit One (1) or more rooms with cooking, living, sanitary and sleeping facilities arranged for the continuous or permanent use of one (1) or more individuals living together as a single housekeeping unit. 2.50 EldCerareome A private residence where care, protection and supervision are provided, for a fee, at least twice a week to no more than 6 adults over the age of 60 at one time, including participating elder adults living in the residence. 2.51 Encroachment Fill, construction of new structures, substantial improvement to existing structures or other development; any obstruction in a delineated floodway, right-of-way or adjacent land. 2.52 EssentiSal rvices The erection, construction, alteration, or maintenance of underground, surface or overhead electrical, gas, steam, water and sewerage transmission and collection systems and the equipment and appurtenances necessary for such systems to furnish an adequate level of public service. 2.53 Family Any number of individuals related by blood, marriage or adoption, living together as a single housekeeping unit, provided that a group of not more than seven (7) persons keeping house together, but not necessarily related by blood or marriage, may be considered a family. 2.54 FarBmusiness Business established for the processing of farm products, fifty percent (50%) by volume of which must have been raised or produced on the premises, or elsewhere in the Town of Hampden. 2.55 Farm Stand A booth or stall established for the display or sale of farm products to the general public. During the months of June, July and August, fifty percent (50%) by volume of which must have been raised or produced on the premises or elsewhere in the Commonwealth of Massachusetts. 2.56 Flexible Residential Open Space Development (FROSD) A form of clustered single family residential development allowed by special permit, whereby the options of common driveways and flexible area and frontage requirements are utilized to create permanent open space and avoid standard ANR and subdivision development. 2.57 Floodplain The channel and the relatively flat area adjoining the channel of a stream or river which has been or may be covered by floodwater; areas which would be flooded during the occurrence of the 100-year flood, shown as Zone A, A1-30 on the Flood Insurance Rate Maps (FIRM). 2.58 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 Flood Boundary and Floodway Map. 2.59 Floor Area, Gross Total interior floor area of a building, including accessory buildings. - 10 11/30/2004 - 2.60 Floor Area, Net The interior of a dwelling unit exclusive of basements, stairwells. Halls, bathrooms, closets, corridors, attic, walls, partitions, and floor area of attached buildings. 2.61 Forestry The operation of timber tracts, tree farms, forest nurseries, the gathering of forest products, or in performing forest services. 2.62 Frontage Amended 1993 The continuous linear distance along any approved way, measured on the street line, between the side lot lines. 2.63 FunerH al me A building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation. 2.64 GaragP e,ivate A building or part thereof used for the storage of motor vehicles, and accessory to the principal building on the same lot. 2.65 GaragP e, blic A building or portion thereof, other than a private garage, available to the public for the storage of motor vehicles; may be operated for gain. 2.66 GaragR e,epair Any building, premises and land in which or upon which a business or service industry involving the maintenance, servicing, repair or painting of vehicles is conducted or rendered. 2.67 Gasoline Service Station See Automobile Service Station 2.68 Groundwater All water found beneath the surface of the ground. 2.69 Hazardou wsaste A waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical or infectious characteristics may cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness or pose a substantial present or potential hazard to human health, safety or welfare or to the environment when improperly treated, stored, transported, used or disposed of, or otherwise managed, however not to include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under section 402 of the Federal Water Pollution Control Act of 1967 as amended, or source, special nuclear, or by-product material as defined by the Atomic Energy Acts of 1954. (MGL Chapter 21 D, Section 2). Hazardous wastes have been designated by the Regulations in 310 CMR 30.130 adopted pursuant to the Massachusetts Hazardous Waste Management Act, Massachusetts General Laws, Chapter 21C. 2.70 Hazardous waste management The systematic control of the collection, source separation, storage, transportation, processing, treatment, recovery and disposal of hazardous wastes. (MGL Chapter 21 D, Section 2) 2.71 Hillside Land having an average grade of 15% or greater for a distance of 200 feet. 2.72 Hom eccupation Any occupation conducted in a dwelling unit, provided that: - 11 11/30/2004 - 2.721 No more than one person, other than members of the family residing on the premises, shall be engaged in such occupation. 2.722 The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants. 2.723 There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one (1) sign, not exceeding one (1) square foot in area, and non-illuminated. 2.724 No home occupation shall be conducted in any accessory building, except by Special Permit from the Planning Board. 2.725 No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be off the street and other than in a required front yard. 2.726 No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference, detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off premises. 2.73 Home Professional Office A home occupation consisting of the office of a practitioner of a recognized profession. 2.74 Hotel, Inn, Tourist Court, or Lodging House A building, or portion thereof, or a group of buildings, intended to be used for the more or less temporary occupancy of more than five (5) individuals, with or without meals, and in which major provision for cooking may be made in a central kitchen or in the individual rooms or suites. 2.75 Housing for the Elderly/Senior Apartments Multifamily dwelling units occupied by persons 55 years or older. In the case of double occupancy of a unit, only 1 resident is required to be at least 55 years of age. The housing must be self-contained and physically accessible to elderly citizens. 2.76 Imperviou Ssurfaces Materials or structures on or above the ground that do not allow precipitation to infiltrate the underlying soil. 2.77 Interim Wellhead Protection Area An interim protective area used in the absence of a hydrogeological study defining Zone II, which is established by the Mass. Department of Environmental Protection, based on a radius around public wells. 2.78 Junkyard Any area, lot, land, parcel, building or structure or part thereof used for the storage, collection, processing, purchase, sale or abandonment of wastepaper, rags, scrap metal, or other scrap or discarded goods, materials, machinery or two or more unregistered, inoperable motor vehicles or other type of junk. 2.79 Kennel An accessory building or enclosurein which more than six dogs or domesticated animals more than one year old are housed, groomed, bred, boarded, trained or sold. - 12 11/30/2004 - 2.80 Life Care Facility A facility for the transitional residency of elderly and/or disabled persons, progressing from independent living in single-family units to congregate apartment living where residents share common meals and culminating in a full health and continuing care nursing home facility. 2.81 LigIntdustry Industrial uses, which meet the performance standards, bulk controls, and other requirements established in this ordinance. 2.82 Loading Space, Off-Street An off-street space or berth which has access to a street, alley or other appropriate means of ingress or egress on the same lot with a building, for the temporary parking of vehicles while loading or unloading merchandise or material. 2.83 Lodging House (Boarding) A house containing one or more rooms for the semi-permanent use of one, two or more individuals not living as a single housekeeping unit and not having cooking facilities within the individual rooms. 2.84 LLoitne A line of record bounding a lot which divides one lot from another lot or from a public or private street or any other public space. 2.85 Medical or Dental Lab A facility including, but not limited to, performing or processing medical or dental tests, fabricating or testing prosthetic, orthotic, or dental apparatus, and similar activities. 2.86 MembershC iplub A private building or grounds, which include specifically country clubs and fraternities, and organizations to which membership is limited or controlled. 2.87 Mobihlome A structure transportable in one or more sections, which is at least 8 feet in width and 32 feet in length, which is built on a permanent chassis and designed for use as a dwelling unit, with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or camping trailers. 2.88 Motel An establishment providing transient accommodations containing six or more rooms with at least 25% of all rooms having direct access to the outside without having to pass through the main lobby of the building. 2.89 Net Developable Area The area of the lot excluding those features or areas which the FROSD or PURD ordinance excludes from the calculations. The net developable area of a parcel for FROSD or PURD development is the total area of all lots shown to be developable under Town of Hampden Subdivision Regulations and zoning, and shall be calculated by procedures described in the bylaw. 2.90 Non-Conformin Ugse A non-conforming use is the use of a building structure or land lawfully occupied or lawfully begun at the time of adoption of this bylaw, but which does not conform to the requirements of this bylaw, which apply to the district in which such building structure or land is located. 2.91 Non-conformin structure (Added April 26, 2004) A non-conforming structure is a building or structure lawfully in existence or lawfully begun at the time of adoption of this bylaw but which does not conform to the dimensional requirements of this bylaw which apply to the district in which such building or structure is located. - 13 11/30/2004 - 2.92 Nursery Land or Greenhouses used to raise flowers, shrubs and plants for sale. 2.93 PersonS al rvices Establishments primarily engaged in providing services involving the care of a person or their apparel. 2.94 Planned Business Development A development constructed on a lot or contiguous lots, under single ownership at the time of application, planned and developed, operated and maintained as an integral unit containing one or more structures, consisting primarily of retail or service uses. 2.95 Planned Industrial Development A development constructed on a lot or contiguous lots, under single ownership at the time of application, planned and developed, operated and maintained as an integral unit containing one or more structures, consisting primarily of light industrial uses. 2.96 Planned Unit Residential Development (PURD) Approved April 28, 1997 A residential development on a tract of ten (10) acres or more under single ownership with definite boundaries ascertainable from a recorded deed or plan, which consists of a mixture of residential uses and building types, including one family dwellings, two family dwellings, town houses, or multi- family dwellings, and open space, and which is planned and developed as an integral unit with a significant area of common open space and/or recreation land. The PURD includes streets, utilities, buildings and other site features and improvements for the common use by some or all of the occupants of the development, but which will not be provided, operated or maintained at general public expense. 2.97 Premises That part of a lot or building actually in use for the specific purpose or use under consideration. 2.98 Primary Aquifer Recharge Area Areas which are underlain by surficial geologic deposits including glaciofluvial or lacustrine stratified drift deposits or alluvium or swamp deposits, and in which the prevailing direction of groundwater flow is toward public water supply wells or potential site for such wells. 2.99 ProfessionO alffice The office of a recognized profession maintained for the conduct of that profession. 2.100 RecreationA , ctive Leisure time activities, usually of a formal or organized nature, usually performed with others, often requiring equipment and taking place at prescribed places, sites or fields. 2.101 RecreationP , assive Those leisure time activities not considered active, such as biking, hiking, or picnicking. 2.102 RecreationP , ublic A recreation use or facility operated by a government agency and open to the general public. 2.103 ReligiousUse One in which worship, ceremonies, rituals and education pertaining to a particular system of beliefs are held. 2.104 RepaiS r hop A facility that provides repair, refurbishing, rental, or leasing services of small electronic, electrical, or mechanical items to the general public. - 14 11/30/2004 - 2.105 Research Laboratory A facility for carrying on investigation in the natural, physical or social sciences, or engineering and development as an extension of investigation with the objective of creating end products. 2.106 Research Offices A building or group of buildings in which are located facilities for scientific research, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory. 2.107 Restaurant An establishment whose principal business is the selling of ready-to-consume food to the customer for consumption either on or off premises. 2.108 Ridgeline The long, narrow crest or horizontal line of hills or mountains, usually at the highest elevation. 2.109 Sales Yard An unroofed outside area, enclosed by a fence, border or buffer used for the display and sale of goods, material, or merchandise to the general public. 2.110 SelectiveCutting No more than 50% of the mature trees on a site shall be cut under a selective cutting plan. 2.111 Self-serviceStorageFacility A building or group of structures consisting of individual, small self-contained units that are leased or owned for the storage of business and household goods or contractors supplies. 2.112 Setback The distance measured from the closest point of a street or lot line to the nearest building. Setbacks, in other than residential districts, shall be landscaped or left natural as required by the Planning Board and may be used only as a setback, not for roads, parking or for any other activity. 2.113 Sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names or trade marks by which anything is made known, such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or product or activity. 2.114 Silviculture The development and/or maintenance of a forest or wooded preserve. 2.115 Special permit Approved April 26, 1999 A Special Permit is a permit from a Special Permit Granting Authority (SPGA) allowing the use of land or structures for a specific purpose upon satisfaction of general or specific provisions set forth in a zoning ordinance or bylaw. MA General Law Chapter 40A, S 9. 2.116 Story That portion of a building included between the surface of any floor and the surface of the next floor above it, or, if there be no floor above it, than the space between such floor and the ceiling next above it. Any portion of a story exceeding fourteen (14) feet in height from average ground level shall be considered as an additional story for each fourteen (14) feet or fraction thereof. One-half (1/2) story means any story or space situated wholly or partly in the roof, so designed, arranged, or built as to be used for storage or habitation. 2.117 Street 2.1171 A public way or a way which the clerk of the town certifies is maintained and used as a public way, or - 15 11/30/2004 - 2.1172 A way shown on a plan theretofore approved and endorsed in accordance with the subdivision control law, or 2.1173 A way in existence when the subdivision control law became effective in the Town in which the land lies, having, in the opinion of the Planning Board, sufficient width, suitable grades, and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land 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, and 3.1174 Use of the terms, avenue, boulevard, highway, parkway, turnpike, road, and lane shall refer to the definition of street for the purposes of this zoning bylaw. 2.118 StreeLtine The side line of a street or way, as determined by deeds and plans recorded at the Registry of Deeds; where no line is thus legally established, then a line parallel with and twenty-five (25) feet distant from the center line of a traveled way. 2.119 Structure Any construction, erection, assemblage or other combination of materials upon the land including, swimming pools, but excluding stone walls and fences. 2.120 SubstantiaIlmprovement Improvement to a structure or building which exceeds 25% of the original footprint of such structure or building; or ‘substantial improvements’ as defined in the National Flood Insurance Programs Rules and Regulations published in the Federal Register of October 26, 1976, whichever definition is more restrictive. 2.121 Swimming Pool A water-filled enclosure, permanently constructed or portable, having a depth of more than 18 inches below the level of the surrounding land, or an above-ground surface pool having a depth of more than thirty inches, designed, used and maintained for swimming and bathing. This shall include all structures, appurtenances, equipment, appliances, and all other facilities appurtenant to or intended for the operation and maintenance of a swimming pool, and also all pools operated and maintained in conjunction with or by clubs, community association or any commercial enterprise. 2.1211 FamilyPool A swimming pool used or intended to be used only by the owner or lessee thereof and his or her family and friends invited to use it without payment of any fee. 2.1212 NeighborhoodPool A swimming pool owned and used by a non-profit Organization of households located in the immediate vicinity of the pool following special exception which may be granted by the SPGA after a public hearing and subject to the approval of abutting landowners. The pool is operated under a set of bylaws of the Organization. 2.122 Tourist Camps or Camp Sites Land used, or intended to be used, let, or rented for temporary (thirty (30) days or less) occupancy by campers; or for temporary occupancy by house trailers, tents or movable dwellings, rooms or sleeping quarters of any kind. 2.123 TourisHt ome An establishment in a private dwelling that supplies temporary accommodations to overnight guests for a fee. - 16 11/30/2004 - 2.124 Toxic or Hazardous Material Any substance or mixture of physical, chemical, or infectious characteristics posing a significant, actual, or potential hazard to water supplies or other hazards to human health if such substance or mixture were discharged to land or water of the Town of Hampden. Toxic or hazardous materials include, without limitation, synthetic organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids and alkalis, and all substances defined as Toxic or Hazardous under Massachusetts General Laws (MGL) Chapter 21C and 21E and 310 CMR 30.00, and also include such products as solvents and thinners in quantities greater than normal household use. 2.125 Trailer or Mobile Home Approved 1976 Any vehicle or object on wheels and having no motive power of its own, but which is drawn by, or used in connection with, a motor vehicle and which is so designed and constructed or added to by means of such accessories as to permit use and occupancy thereof for human habitation, whether resting on wheels, jacks, or other foundation, and shall include the type of vehicle known as a mobile home. A prefabricated building or part thereof, or an existing building that is transported by truck from a factory or site to another site shall not be considered a trailer or mobile home, but shall be considered a dwelling or other type of structure. 2.126 Travel or Camping Trailer 1am76nded 4/29/2002 Approved A vehicle similar to a trailer or a mobile home, and designed primarily for recreational purposes. The term “travel” or “camping trailer” shall also be applied to any motor vehicle whose body has been equipped for occupancy similar to that of a travel trailer or camping trailer. 2.127 Trucking Terminal Business which services or repairs commercial trucks which are not owned by the business. 2.128 Utility, Private or Public Any agency which, under public franchise or ownership, or under certificate of convenience and necessity, provides the public with electricity, gas, heat, steam, communication, rail transportation, water, sewage collection, or other similar services; a closely regulated private enterprise with an exclusive franchise for providing a public service. 2.129 UtiliStructure A construction whose primary purpose is providing utility uses. 2.130 Warehouse A building used primarily for the storage of goods and materials. 2.131 WarehouseM , ini- A structure containing separate storage spaces of varying sizes leased or rented on an individual basis; also Self-service Storage Facility. 2.132 Warehousing Terminal facilities for handling freight with or without maintenance facilities. 2.133 WastewateT rreatmenW t orks Any wastewater treatment plants or works, including community septic systems, which require a permit from the Massachusetts Department of Environmental Protection. 2.134 Watershed Lands lying adjacent to water courses and surface water bodies which create the catchment or drainage areas of such water courses and bodies. 2.135 Yard All open space other than a court, on the same lot with a building or group of buildings, which open space lies between the building or group of buildings and a lot line. - 17 11/30/2004 - 2.136 Yard, Front An open, unoccupied space extending across the full width of the lot and lying between the front lot line of the lot and the nearest line of the building. The depth of a front yard shall be the minimum distance between the building and the front lot line, measured in Section 2.111. 2.137 Yard, Rear The rear lot line of the lot and the nearest line of the building. The depth of a rear yard shall be the minimum distance between the building and the rear lot line, measured in Section 2.111. 2.138 Yard, Side An open, unoccupied space between the side lot line of the lot and the nearest line of the building, and extending from the front yard to the rear yard, or, in the absence of either such yards, to the front or rear lot lines. The width of the side yard shall be the minimum distance between the building and the side lot line, measured as in Section 2.111. 2.139 Zone I Recharge Area That circle of a 400-foot radius extending around the wellhead of a drinking water well with the wellhead at its center and including all land within the boundaries of said circle. 2.140 Zone II Recharge Area Means that area of an aquifer which contributes water to a well under the most severe pumping and recharge conditions that can be realistically anticipated (180 days of pumping at safe yield, with no recharge from precipitation). It is bounded by the groundwater divides result from pumping the well and by the contact of the aquifer with less permeable materials such as till or bedrock. In some cases, streams or lakes may act as recharge boundaries. In all cases, Zone II shall extend up gradient to its point of intersection with prevailing hydrogeologic boundaries (a groundwater flow divide, a contact with till or bedrock, or a recharge boundary). - 18 11/30/2004 - SECTION 3. DISTRICTS Section 3 approved 1978, unless otherwise noted 3.1 Establishment of Districts (amended 4/29/2002) For purposes of this bylaw, the Town of Hampden has established the following districts and overlay districts. DiRtr1t. DiRtr2t. 3. Multi-Unit Dwelling District Bu4Diissict Co5m.mDeirsiclta 6. Limited Industrial District 7. Golf Recreational District 8. Non-profit Educational and Recreational District 9. Flood Plain/Wetlands District 10. Ridgeline and Hillside Overlay District 11 . Water Supply Protection Overlay District 3.2 Location of Districts: Said districts are hereby established as shown, located, defined and bounded on a map entitled, “Zoning District Map of Town of Hampden, Massachusetts”, current revision signed by the Planning Board and filed with the office of Town Clerk, which map, together with all explanatory matter thereon, is hereby incorporated in and made part of this bylaw. 3.3 Location of Boundaries of Districts: Where the boundary lines are shown upon said map within the street lines of public and private ways, or utility transmission lines, the center lines of such ways or lines shall be boundary lines unless otherwise indicated. 1. Boundary lines located outside of such street lines or transmission lines, and shown approximately parallel thereto shall be regarded as parallel to such lines, and dimensions shown in figures placed upon said map between such boundary lines and such transmission or street lines, are the distances in feet of such boundary lines from the center line of such street or transmission lines, such distances being measured at right angles to such street or transmission line, unless otherwise indicated. 2. Where the boundary lines are shown approximately on the location of property or lot lines, and the exact location of the property, lot or boundary lines is not indicated by means of dimensions shown in figures, then the property or lot lines shall be the boundary lines. 3.4 Use Beyond a Boundary Line: Where a district boundary line divides any lot of record existing at the time such line is adopted, any building or use permitted in either district shall be permitted for said lot within a distance not exceeding fifty (50) feet from the boundary. 3.5 Special Uses Within Districts: Lands or structures used for religious purposes or for educational purposes, or lands owned or leased by the Commonwealth or any of its agencies, subdivisions, or bodies politic, or by a religious sect or denomination, or by a non-profit educational corporation, must comply with the yard size, lot area, setback, open space, parking, and building coverage requirements of the zone in which they are located. - 19 11/30/2004 - - 20 11/30/2004 - SECTION 4. CONTINUANCE OF EXISTING USES Section 4 approved 1978, unless otherwise noted Sections 4.2 through 4.4.2 amended April 28, 2003 4.1 Existing Buildings, Structures, and Uses: No building, structure, or land shall be used, nor shall any building or structure, or part thereof, be erected or altered except in conformity with the provisions of this bylaw which apply to the district in which the building or structures shall be located. This bylaw shall apply to any change of use thereof when the same would amount to reconstruction, extension, or structural change, and to any alteration of a building or structure to provide for its use for a purpose or in a manner substantially different from the use to which it was put before alteration, or for its use for the same purpose to a substantially greater extent. This bylaw shall not apply to existing building or structures, nor to the existing use of any building, structure or land to the extent to which it is used at the time of adoption of this bylaw, not to land in excess of five acres used for agriculture, horticulture, or floriculture. 4.2 No non-conforming use of any building, structure, or premises shall be re-established where there has been a change to a use which is permitted in the district in which it is located. If the non- conforming use of any building, structure, or premises shall be discontinued for a period of twenty- four consecutive months, it shall not be re-established, and all future uses thereof shall be in conformity with applicable provisions of this bylaw. Nor shall there be an expansion of the non- conforming use or a change from the non- conforming use to another use not permitted in the district. 4.3 Changes, Alterations, Enlargement and Restoration of Non-Conforming Structures in the cases of Single and Two-family Residences: Addition, enlargement, extension, or restoration to any single or two-family residence shall be permitted provided that such addition, enlargement, extension, or restoration shall not increase the extent of the existing non-conformity nor add degrees of non- conformity unless the Board of Appeals shall issue a Special Permit allowing same. The Board of Appeals in deciding whether to issue a special permit must consider the following: 4.3.1 The proposed structure shall not be more detrimental to the neighborhood than the existing structure. 4.3.2. Setbacks shallonform to Table 7.2 annotated except for the side yard, which may be reduced to 25 feet. 4.4 Changes, Alterations, Enlargement and Restoration of Non-Conforming Structure excluding Single and Two-family Residences: No non-conforming structure shall be altered, enlarged, or restored unless changed to a conforming structure or the Board of Appeals issues a Special Permit allowing same. The Board of Appeals in deciding whether to issue a special permit, must consider the following: 4.4.1 The proposed structure shall not be more detrimental to the neighborhood than the existing structure. 4.4.2 Setbacks shall conform to Table 7.2 annotated. - 21 11/30/2004 - SECTION 5. NEW CONSTRUCTION AND NEW USES Section 5 approved 1973, unless otherwise noted 5.1 For the purpose of this bylaw, any lawful building or structure or use of a building, structure or land, or part thereof, may be constructed, altered, enlarged, repaired, occupied and used for any purpose which does not violate any section of this bylaw or any of the provisions of the bylaws of the Town of Hampden. 5.2 For the safety and the general welfare, all principal buildings designed or intended for residential purposes hereafter erected shall be in a location which fronts upon a street as defined by this bylaw. 5.3 Requirements respecting lot size and frontage provided in this bylaw shall be subject to exemptions provided by Section 6, Chapter 40A of the General Laws of the Commonwealth of Massachusetts and shall not apply to a lot recorded with the Registry of Deeds prior to publication of the notice of the Planning Board hearings respecting this bylaw unless adjoining land is vacant and in the same ownership. 5.4 A lot on which there existed at the time of the adoption of this bylaw two (2) or more dwelling houses may be divided into as many lots as there were dwelling houses thereon, notwithstanding any requirements respecting lot size and frontage, provided the lot is divided in such manner that the resulting lots shall conform as nearly as possible to area and frontage requirements of this bylaw. 5.5 Any construction or use for which a building permit was legally issued prior to the publication of the notice of the Planning Board hearing respecting this bylaw shall be permitted, notwithstanding non- compliance with the requirements of this bylaw and provided such construction or use is commenced within six (6) months after the issuance of the permit and, in the case of construction, completed as provided in Section 9 and 10 of Chapter 40A of the General Laws of the Commonwealth of Massachusetts. 5.6 No provision of this bylaw shall be construed to be contrary to the provisions of Chapter 40A, Section 3, of the General Laws of the Commonwealth of Massachusetts, pertaining to religious and educational uses. - 22 11/30/2004 - 5.7nvirop1Iet6aylt The Planning Board may require an environmental impact study in the case where the additional rate and volume of runoff created by the subdivision/development may cause an impact on downstream properties, receiving streams, etc. The developer must undertake a comprehensive hydrology study of the area which is planned to be developed and the downstream and/or adjacent properties. 1. Drainage area, including: a.Area b.ypeer tc.esil d. Soil percolation rates for each type of soil cover material encountered. 2.Drapatterns 3. Dry/wet weather water levels of all streams, rivers, ponds, retention basins, etc. 4. Rate of runoff correlated: a. Intensity of storm event b. Intensity and duration of storm intent c. Runoff characteristics vs. frozen and unfrozen ground conditions 5. Predictions of the following must be developed: P.aiae eters 1. Slope (s) within the affected drainage area lenlohw 3.Srrfaceness conco.fntetion travolf ime tm.Leag b. Runoff rates and effect upon receiving streams and/or properties for both the existing drainage area and the affected drainage area for the following storm frequencies: yea.r 0 yea.r 5 ye.ar 0 ye.ar 0 If, in the opinion of the Planning Board, the data generated above indicates that there may be an impact on downstream properties, public or private, then the Board reserves the right to require the developer to install retention basins to prevent any impact on downstream properties. The retention basin must be of sufficient capacity to retain the full runoff created as a result of the development for a 25-year storm. All of the above must be prepared by an engineering firm knowledgeable and proficient in hydrology. All data generated through both field and office computations must be stamped by a registered professional engineer. - 23 11/30/2004 - SECTION 6. USE REGULATIONS Section 6 approved 2001, unless otherwise noted The Use Regulations are intended to protect the public health and safety, to protect persons and property against the hazards of flood water inundation, and unsuitable and unhealthy development of unsuitable soils, swamp land, marsh land, and water courses, to preserve areas for agriculture, and to conserve and increase the amenities of the Town. 6.01 Applicability of Use Regulations. Except as provided for by the Zoning Act or in this bylaw, in each district no building, structure, water body, or lot shall be used or occupied except for the purposes permitted in the district as described in this section. Any use not listed shall be construed to be prohibited. See Table 6.0-Table of Uses, on accompanying pages which are
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