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Town of Southwick, MA
Hampden County
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Table of Contents
Table of Contents
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.[1]
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[2], 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]
SPECIAL PERMIT GRANTING AUTHORITY
Shall mean the Board of Appeals or the Planning Board.
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.
TWO-FAMILY DWELLING
A dwelling containing two apartment units.
VARIETY STORE
A structure designed and intended for the sale of common and necessary household items.
[Added STM 9-26-1978 by Art. 10]
[1]
Editor's Note: The former definition of "customary home occupations," as amended, which immediately followed, was repealed ATM 5-15-2012 by Art. 21. See now the definition of "home occupation."
[2]
Editor's Note: See Ch. 79, Building Construction.