Unless otherwise expressly stated, the following
words and terms shall, for the purpose of this chapter, have the following
meanings:
ACCESSORY BUILDING
A subordinate building, the use of which is customarily incidental
to that of a principal building.
ACCESSORY USE
The subordinate use of a building or land for a purpose customarily
incidental to the principal use of the main building or lot concerned.
ADULT ENTERTAINMENT USES
Includes the following uses:
[Added STM 4-10-2001 by Art. 15]
A.
Adult bookstores, as defined by MGL c. 40A,
§ 9A;
B.
Adult motion-picture theaters, as defined by
MGL c. 40A, § 9A;
C.
Adult paraphernalia store, as defined by MGL
c. 40A, § 9A;
D.
Adult video store, as defined by MGL c. 40A,
§ 9A; and
E.
Establishment which displays live nudity for
its patrons, as defined by MGL c. 40A, § 9A.
ALTERATION
A change in or addition to a building or other structure
which modifies its location, plan, manner of construction or in any
way varies the character of its use.
APARTMENT HOUSE
A freestanding, multifamily building used exclusively for
residential use, consisting of a minimum of four units and a maximum
of 12 units. Such buildings may be condominiums, townhouses, garden
apartments and related multifamily dwellings.
APARTMENT UNIT
Any number of rooms, but not to exceed five of habitable
space, comprising one complete housekeeping unit of not less than
500 square feet with its own cooking, sleeping and bathing facilities
wholly within such unit.
BUILDING
A combination of any materials, whether portable or fixed,
temporary or permanent, having a roof, built to form a structure for
the shelter of persons, animals or property.
BUSINESS
The transacting or carrying on of a trade or commercial enterprise,
not manufacturing, with a view of profit or a livelihood.
COMMERCIAL DOG KENNEL
Any facility in a dwelling, accessory structure (including
runs, fences and enclosures) or otherwise providing breeding or overnight
boarding accommodations for five or more dogs, for which a fee is
charged.
DOG KENNEL
Any facility in a dwelling, accessory structure (including
runs, fences and enclosures) or otherwise providing overnight accommodations
for five or more dogs for any private or commercial purpose.
DWELLING (PERMANENT)
A structure, except that of a hotel or inn, intended for
human habitation erected on a closed foundation or a slab, using permanent
weatherproof exterior materials, connected to a safe water supply,
with adequate sanitary sewage disposal facilities, equipped with at
least one furnace or other customary form of heating apparatus, and
constructed with ceilings and walls furnished on the inside with lath
and plaster in the customary manner, or finished in some acceptable
substitute, designed to give proper insulation and to be capable of
maintaining a healthful room temperature of 69° F. and healthful
ventilation when the outside temperature is zero degrees Fahrenheit.
For the purpose of this chapter, the concept of modular home construction
components and individual material construction shall be deemed to
come under this definition.
DWELLING (SEASONAL)
A structure designed and intended for human habitation of
a seasonal or recreational nature and not as a permanent dwelling,
using weatherproof exterior materials, and connected to a safe water
supply with adequate sanitary sewage disposal facilities.
FAMILY
Any number of persons, consistent with Board of Health criteria,
living together.
FRONTAGE
That portion of a lot abutting a public way or a way as hereinafter
defined under MGL c. 41, § 81-L.
[Amended ATM 4-15-1980 by Art. 32]
FRONT SETBACK
The distance measured perpendicularly from the street line.
Corner lots must provide minimum setback conformity from both streets.
No structure shall be erected between the front setback line and the
street line, except as provided by these regulations.
[Added STM 9-26-1978 by Art. 10; amended ATM 4-15-1980 by Art. 33;
STM 4-10-2001 by Art. 14]
FRONT SETBACK LINE
A line parallel with the street line and extending between
side lot lines.
[Added ATM 4-15-1980 by Art. 34]
HARD-SURFACED
This shall mean six inches of processed gravel base and two
inches of bituminous concrete or six inches of processed gravel base
and two inches of stone and asphalt penetration.
[Added ATM 4-15-1980 by Art. 29]
HEIGHT OF BUILDINGS
The vertical distance of the highest point of the roof above
the mean finished grade of the ground immediately adjacent to the
building.
HOME OCCUPATION
A vocation, trade, small business, craft, art or profession
that can be conducted within a dwelling (permanent) or accessory building.
[Added ATM 5-15-2012 by Art. 21]
JUNK
Any worn-out or castoff or discarded or used article or material
which is ready for destruction or has been collected or stored for
salvage or conversion to some other use.
LOT
A plot or parcel of land in common ownership occupied or
capable of being occupied by one principal building and the accessory
building or use customarily incidental to it, having boundaries identical
with those recorded in the Hampden County Registry of Deeds, and including
frontage, area and such open spaces as are required by this chapter.
LOT (CORNER)
A lot bounded on two or more sides by intersecting ways.
LOT WIDTH
The lot width shall be the minimum frontage for each zone.
The lot width shall be measured along the front setback.
[Added ATM 4-15-1980 by Art. 35; amended STM 4-10-2001 by Art. 14]
MOBILE HOME DWELLING
A.
A single-family residential unit with all of
the following characteristics:
(1)
Designed for long-term occupancy and containing
sleeping accommodations, a flush toilet, a tub or shower bath and
kitchen facilities with plumbing and electrical connections provided
for attachment to outside systems.
(2)
Designed to be transported after fabrication
on its own wheels or on a flatbed or other trailer or detachable wheels.
(3)
Arriving at the site where it is to be occupied
as a dwelling complete, conventionally designed to include major appliances
and furniture and ready for occupancy except for major and incidental
unpacking and assembly operations, location on foundation supports,
connection to utilities and the like.
(4)
Designed for removal to and installation or
erection on other sites.
B.
Prefabricated or modular constructed dwellings,
containing individual construction material, in compliance with the
State Building Code, permanently affixed to a foundation, shall be exempt from the section and shall be considered to be a permanent dwelling as defined in this §
185-4 of the Zoning Bylaw of the Town of Southwick. A "mobile home" shall be defined to include one or two or more units, separately towable, which when joined together have the characteristics as described above. For the purpose of this chapter, a "mobile home" shall not be deemed a one-family dwelling nor modular home.
NONCONFORMING USE OR STRUCTURE
A lawfully existing use or structure which does not conform
to the regulations for the district in which such use or structure
exists. Except as hereinafter provided, any use or structure which
may only be maintained under a special permit in the district where
located shall not be deemed a "nonconforming use" but shall be deemed
a conforming use. A "nonconforming use or structure" which has been
changed or altered in accordance with this chapter by a special permit
granted by the Planning Board shall be deemed a "nonconforming use."
[Added ATM 4-17-1991 by Art. 18]
REAR LOT WIDTH
The "rear lot width" shall be no less than 25% of the lot
frontage requirement.
[Added ATM 4-15-1980 by Art. 36]
SIGN
Any symbol, emblem, board, panel, device or outward evidence
that indicates a service, items for sale, name and/or type of business
or area of operation. This shall include any freestanding, fixed,
attached, permanent, temporary, mobile or hanging sign.
[Added ATM 4-15-1980 by Art. 28]
STORY
That part of a building between any floor and the roof or
floor next above. A basement or cellar, the ceiling of which extends
more than 4 1/2 feet above the average grade immediately adjacent
to the building, shall be a "story" within the meaning of this chapter.
STREET
A way, whether public or private, used or designated for
use for all purpose of passage, and including streets, avenues, boulevards,
parkways, roads, lanes and a way shown on a plan of a subdivision
duly approved by the Planning Board.
STREET LINE
The line separating the street right-of-way from adjoining
property, not paved or traveled roadway.
STRUCTURE
Anything constructed or erected for permanent occupancy or
use which requires location on the ground, or a combination of assembled
materials, such as a building, frame work, retaining wall, tent, reviewing
stand, platform, bin, fence, sign, flagpole, mast for radio and television
antennas or the like, but not to include fences. The word "structure"
shall be construed, where the context allows, as though followed by
the words "or part or parts thereof."
SUBDIVISION
As defined in Chapter 41 of the General Laws of Massachusetts,
as amended.
TRAILER
A mobile unit or structure which is mobile and is used or
capable of being used for living quarters.
TRAVEL TRAILER or CAMPER
A vehicular, prefabricated, portable structure designed as
a temporary dwelling for travel, overnight camping, recreational and
vacational uses. Designed for temporary use, such "travel trailers"
or "campers" are usually in, on or behind a motor vehicle.
VARIETY STORE
A structure designed and intended for the sale of common
and necessary household items.
[Added STM 9-26-1978 by Art. 10]