Town of Southwick, MA Article VI General Regulations

§ 185-28 Nonconforming uses, structures and lots.

A. Use of buildings, structures and land.

(1) Any lawful building or structure, or use of a building, structure or land, existing at the time of adoption of this chapter or any amendment thereto which does not conform to the regulations thereof may be continued. However, except as hereinafter set forth, a nonconforming use shall not be changed (except to a conforming use) nor extended, and a nonconforming building or structure shall not be structurally altered, enlarged nor reconstructed, except that any building, part of a building or land which at the time of the adoption of this chapter is being put to a nonconforming use may be:

(a) Continued in that use, provided that such use has not been abandoned or discontinued for one year.

(b) Rebuilt or restored at the same location and again used as previously, in the case of a building destroyed or damaged by fire, explosion or other catastrophe, provided that such rebuilding or restoring shall be completed within 24 months after such catastrophe, and further provided that the building as rebuilt or restored shall not be greater in volume or area than the original nonconforming structure. Historical buildings or structures may be exempt from this requirement by special permit from the Planning Board upon the advice of the Historical Commission.

(c) Changed, extended or altered only by a special permit granted by the Planning Board. The Planning Board may only grant (but shall not be required to grant) such a special permit if it finds that such change, extension or alteration shall be equally or more appropriate to the neighborhood than the existing nonconforming use or structure, and that such change, extension or alteration shall not be substantially more detrimental to the neighborhood than the existing nonconforming use or structure. Notwithstanding anything to the contrary contained herein, no special permit shall be granted by the Planning Board hereunder which provides for a change, extension or alteration of a nonconforming use or structure outside of the original footprint or foundation of said structure.

[Added ATM 4-17-1991 by Art. 18]

[1] This subsection shall not apply to billboards, signs and other advertising devices subject to the provision of MGL C. 93, §§ 29 through 33, inclusive, and to Massachusetts General Laws, Chapter 93D.

[2] Notwithstanding anything to the contrary contained in this subsection, whenever a nonconforming use or structure has been changed to a less nonconforming use or structure or to a conforming use or structure, such use or structure shall not thereafter be changed to a more nonconforming use or structure or to a nonconforming use or structure, as the case may be.

[3] Nothing is this subsection shall be interpreted as authorization for or approval of the use of land or a structure in violation of regulations in effect at the date of adoption or amendment of this chapter.

B. Nonconforming lots.

(1) Nothing in this chapter shall prevent the erection or placing of any structure or building for residential use on a lot containing smaller area than required in the zone in which it is located, provided that the lot was duly recorded prior to the effective date of this chapter, and further provided said lot does not adjoin other land of the same owner available for use in connection with said lot.

(2) Nonconforming lots shall maintain required front and rear yards, but may have side yards of no less than 10 feet.

§ 185-29 Signs.

[Amended STM 10-10-2012 by Art. 12]

A. Purpose. The purpose of this section is:

(1) To encourage signs which, by location and design, are harmonious to the buildings and sites on which they are placed;

(2) To promote effective visual identification of businesses and residences;

(3) To preserve the physical character and visual quality of the Town of Southwick;

(4) To prevent hazards to vehicular and pedestrian traffic;

(5) To maintain and enhance the aesthetic environment and the Town's ability to attract sources of economic development; and

(6) To enable fair and consistent enforcement of these sign regulations.

B. Applicability. The provisions of this section shall apply to the construction, alteration, use, illumination, location, workings and maintenance of all signs located out-of-doors, and including signs affixed on any part of a building, free standing signs, and signs visible through windows from outside a building.

C. Definitions. Words and phrases used in this section shall have the meanings set forth herein. Words and phrases not defined herein, but defined in the Town of Southwick Zoning Bylaw, shall be given the meanings set forth in such Bylaw. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise. Headings or captions are for reference purposes only and shall not be used in the interpretation of this section.

ADDRESS SIGN

Number(s) and/or letter(s) to identify the street address that are a minimum of four inches high in clear block style and of contrasting color with the background and mounted on the side of the building facing the street in accordance with § 83-6 of the Code of the Town of Southwick.

AGRICULTURAL AND RECREATIONAL SIGNS

A free standing sign advertising farm business and/or agricultural products and/or agricultural recreation and/or commercial recreation (See Table 6.1, Table 6.2 and Table 6.5[1].).

[Amended 12-6-2016 STM by Art. 5]

AGRICULTURAL RETAIL USE

An on-premise retail outlet for Agricultural Use commodities that is subordinate to the primary Agricultural Use and designed to bring the public to the premise for the purchase of any Agricultural Use commodities, including, but not limited to, agricultural, horticultural, floricultural and/or viticultural products, baked goods, ice cream and ice cream-based desserts and beverages, jams, honey, and other items promoting Agricultural Uses.

[Added ATM 5-18-2021 by Art. 27]

AGRICULTURAL USE

Same definition as contained in Section 140-2 of the Town of Southwick Bylaws for "agriculture."

[Added ATM 5-18-2021 by Art. 27]

AUDIBLE SIGN

Any sign which emits a sound which is audible or emits a signal which can be converted into audible sounds, whether by radio or other means.

AWNING SIGN

A permanent sign affixed to or consisting of a permanent or retractable awning or marquee permanently mounted to the exterior surface of a building (See Subsection L. and Table 4.[2]).

BANNER

A sign usually made of lightweight fabric, plastic or other flexible materials and mounted on a building or hung from a pole or suspended over a street.

BARBER POLE

A striped, oftentimes rotating, cylindrical sign used to identify a hair cutting establishment.

BUILDING SIGN

Any sign attached to any part of a building, as contrasted to a free standing sign.

CANOPY SIGN

A sign painted on or incorporated into the cover of a fixed or retractable protective cover attached to a building or structure, and typically located over a door, entrance, or outdoor service area (See Subsection L. and Table 4.[3]).

CONTRACTOR SIGN

A non-illuminated sign not in excess of 12 sq. ft. in area displayed at a construction site. Such sign shall be removed after the construction is completed.

DIRECTIONAL SIGN

Any sign limited solely to directing either vehicular or pedestrian traffic (See Table 4.[4]).

DIRECTORY SIGN

A sign located on a building that identifies individual tenant(s) or occupant(s) of a building or group of buildings and that indicates their respective profession(s), business activities or location of such tenant (See Table 4.[5]).

DISPLAY AREA

The total surface area of a sign, including all letters, wording, designs, symbols, background and frame, but not including any support structure or bracing incidental to the sign.

DRIVE-THRU MENU BOARD SIGN

A non-movable sign that is located on the premises of a food service establishment at the rear of the lot and that displays menu items and prices (See Table 6.[6]).

ELECTRONIC VARIABLE MESSAGE SIGN

A sign capable of displaying text that can be changed or altered by remote or automatic means (See Subsection L. and Table 6.[7]).

ERECT

To install, construct, reconstruct, replace, alter, relocate or extend any sign and shall not include sign repair or maintenance.

FREE STANDING SIGN

A self-supporting sign not attached to any building, wall or fence, but in a fixed location. This does not include portable or movable signs (See Subsection L. and Table 2.[8]).

GROUND SIGN

A sign which does not extend or project into or over a public way and is supported by one or more uprights or braces that are in or upon the ground.

ILLUMINATED SIGN

Any sign artificially illuminated, either internally or externally, by means of electricity, gas, oil or fluorescent paint.

INSTITUTIONAL USES

Uses that include governmental, religious, social, civic and educational facilities.

MENU BOARD SIGN

A non-movable sign that is located on the premises of a food service establishment and that displays menu items and prices (See Table 6.[9]).

MOVABLE SIGN

A sign not permanently attached to the ground or other permanent structure and designed to be transported, including but not limited to: signs mounted on a chassis and wheels; unregistered motor vehicles and trailers with signage; and balloons and other inflatable devices used as signs.

NEON SIGN

A sign made of shaped glass tubing, illuminated by electrically charged neon or similar inert gasses.

OFF-PREMISES SIGN

Any sign that directs attention to an occupant, business, commodity, service, or entertainment conducted, sold, or offered at a location other than the lot on which the sign is located.

ON-PREMISES SIGN

Any sign that directs attention to an occupant, business, commodity, service, or entertainment conducted, sold, or offered at a location where the sign is erected or maintained.

OUT-OF-STORE MARKETING DEVICE

An out-of-store marketing device is any facility or equipment which is located outside of a primary building on a site zoned for non-residential uses, which is used for the primary purpose of providing a product or service without the owner's or agent's immediate presence, and which is manufactured to include a color, form, graphic, illumination, symbol, and/or writing thereon to communicate information regarding the product or service provided thereby to the public. Examples of out-of-store marketing devices include: fuel pumps, bank ATM units, vending machines, newspaper racks, drink machines, ice boxes, and phone booths (See Table 6.[10]).

PENNANT/FLAG

A sign made of flexible material hung on a pole or on the face of a building, decorated with graphics, designs, artwork, symbols and/or lettering. Pennants that contain advertising messages, logos, or symbols are not considered signs under this bylaw. Bunting and patriotic flags, such as United States, Massachusetts or Town flags, are not considered signs and are exempt from this bylaw.

POLITICAL SIGN

A sign relating to a candidate for public office, an issue to be voted on at a Town Meeting or an election, or some other issue which may be of general concern, interest or controversy.

PORTABLE SIGN

A two-sided sign not permanently affixed to the ground or a structure including signs supported by legs, including A-frames, T-frames; menu and sandwich board signs (See Table 5.[11]).

REAL ESTATE DEVELOPMENT SIGN

A non-illuminated sign not in excess of 32 square feet used to identify a subdivision or other development.

REAL ESTATE SIGN

A non-illuminated sign not in excess of four sq. ft. in area advertising the sale, rental or lease of only the premises on which it is located.

RECREATIONAL USE

Any use contained in Section 185-34(F) of the Town of Southwick Bylaws for "commercial recreation," whether operated by a licensed commercial recreation business pursuant to a special permit under Section 185-34 of the Town of Southwick Bylaws, or by the Town of Southwick.

[Added ATM 5-18-2021 by Art. 27]

ROOF SIGN

A sign located above, or projected above, the lowest point of the eaves or the top of the building wall of any building, or fastened to a roof (See Table 2.[12]).

SEASONAL SIGN

An on-premises sign advertising only agricultural products or services in season to be sold on the premises (See Table 4.[13]).

SPECIAL EVENT SIGN

A noncommercial promotional sign displayed for special events which shall meet the specifications of a portable sign (See Table 5.[14]).

TEMPORARY SIGN

Any sign, including its support structure, not permanently mounted and displayed for a limited amount of time. These signs are regulated by the Building Inspector (See Subsection L. and Table 5.[15]).

TRAFFIC CONTROL SIGN

A sign for the control of vehicular traffic, such as Stop, Yield, and similar signs.

WALL SIGN

Any sign that is incorporated into, or affixed to the wall of a building or structure (See Subsection L. and Table 3.[16]).

WAY-FINDING SIGN

A permanent off-premises sign that provides direction and information on public facilities; shared commercial developments; individual businesses, agencies and farms; and temporary public events. These signs are regulated by the Department of Public Works or Mass DOT.

WINDOW SIGN

A sign affixed to the surface of a window (inside or outside) or displayed behind a window so as to attract attention from the outside (See Table 5.[17]).

[1] Editor’s Note: Said tables are included as an attachment to this chapter.

[2] Editor's Note: Table 4 is includedas an attachment to this chapter.

[3] Editor's Note: Table 4 is included as an attachment to this chapter.

[4] Editor's Note: Table 4 is included as an attachment to this chapter.

[5] Editor's Note: Table 4 is included as an attachment to this chapter.

[6] Editor's Note: Table 6 is included at the end of this chapter.

[7] Editor's Note: Table 6 is included at the end of this chapter.

[8] Editor's Note: Table 2 is included at the end of this chapter.

[9] Editor's Note: Table 6 is included at the end of this chapter.

[10] Editor's Note: Table 6 is included at the end of this chapter.

[11] Editor's Note: Table 5 is included at the end of this chapter.

[12] Editor's Note: Table 2 is included at the end of this chapter.

[13] Editor's Note: Table 4 is included at the end of this chapter.

[14] Editor's Note: Table 5 is included at the end of this chapter.

[15] Editor's Note: Table 5 is included at the end of this chapter.

[16] Editor's Note: Table 3 is included at the end of this chapter.

[17] Editor's Note: Table 5 is included at the end of this chapter.

D. Powers and duties.

The Building Inspector is hereby authorized and directed to interpret, administer and enforce this bylaw.

The Planning Board is hereby authorized to review sign permit applications and provide advice to the Building Inspector under Subsection G.

E. Applicability. The standards and regulations of this bylaw shall apply to all signs erected, altered, maintained, or replaced in any zone or district within the Town of Southwick.

F. Sign permits.

(1) Sign permit required. Unless a sign permit is specifically not required by the standards of this bylaw, it shall be unlawful for any person to erect or replace a sign without first having obtained a sign permit. Refer to Tables 1 to 6[18] to determine if a sign permit is required for a specific sign type.

[18] Editor's Note: Tables 1 to 6 are included at the end of this chapter.

(2) Application submittal and content. When required by this bylaw, sign permit applications shall be filed in the office of the Building Department upon forms furnished by that office. The submittal of the following information, material and fees shall constitute a complete application:

(a) The application shall describe and set forth the following:

[1] The type and purpose of the sign(s) as defined in this section (i.e. free standing sign, roof sign, wall sign, etc.);

[2] Dimensions and area of the sign(s), including aggregate sign area if more than one sign and/or sign face;

[3] Materials and colors of the sign(s) and supporting structure;

[4] Type of illumination;

[5] Number, type and area of existing signs;

[6] Height of sign;

[7] The zone or district in which the subject property is located;

[8] The business certificate ID number, if a non-residential use;

[9] The name, address, telephone number and signature of the business owner;

[10] The name, address, telephone number and signature of the owner of the property upon which the sign is to be located. The owner's agent may sign if an authorization letter from the property owner and/or entity that governs the property where the proposed sign is to be erected, altered or replaced is submitted; and

[11] The name, address, and telephone number of the contractor who will erect the sign.

(b) The following attachments, and necessary copies as required by the Building Inspector, shall be submitted:

[1] For free standing signs, a location plan or survey showing the property upon which the subject sign is to be located, the proposed location of the subject sign on the property, the distance of the proposed sign from the subject property's boundaries, and all existing structures or buildings on the subject property. Such plan shall be to a legible engineer's scale;

[2] For all signs, dimensioned drawings of the sign including lettering, borders, proposed color scheme, height, width and other design elements. Such drawings shall be to a legible architect's scale;

[3] For wall, awning or canopy signs, a dimensioned drawing or photograph of the facade indicating the placement of the signs, area of the facade of the business establishment, and height and width of the sign. Such drawings shall be to a legible architect's scale; and

[4] Color photographs of the property including all buildings and the proposed sign location.

(c) Appropriate fees, as set from time to time by the Board of Selectmen, shall be paid.

(3) Processing time; permit issuance. The Town shall process all complete and accurate sign permit applications within 45 days of the Building Inspector's actual receipt of a complete (per Subsection F(2) of this section) and accurate application and upon remittance of the appropriate fee. No sign permit shall be issued by the Building Inspector sooner than 45 days unless the positive advisory recommendation of the Planning Board has been received. If the advisory recommendation of the Planning Board is not received within 45 days, the Building Inspector may issue the sign permit.

(4) Application rejection. The Building Inspector shall reject any application that is incomplete (per Subsection F(2) of this section), that contains false material statements or omissions, or that is for a sign which would violate any standard within this bylaw within 45 business days of receipt of said application.

(5) Resubmission. A rejected application later resubmitted in conformity with this bylaw shall be deemed to have been submitted on the date of resubmission, instead of the original submission date. An application which is resubmitted shall meet all the standards for an original application.

(6) Permit revocation. Should it be determined that a sign permit was issued in error and/or pursuant to an application containing a false material statement or omission, or for a sign not meeting the standards of this bylaw, the Building Inspector shall revoke said permit and the subject sign shall be immediately removed.

(7) Expiration date. A sign permit shall become null and void if the sign for which the permit was issued has not been installed and completed within six months after the date of issuance; provided, however, that where an applicant can demonstrate that a commercial entity was timely engaged to construct the permitted sign, but the fabrication has not yet been completed, one 90 day extension may be granted by the Building Inspector. If later an individual desires to erect a sign at the same location, a new application for the sign must be processed and another fee paid in accordance with the fee schedule applicable at such time. No refunds shall be made for a permit after the permit is issued.

(8) Permit transfer. A sign permit may be transferred by the Building Inspector to a new occupant if the dimensions of the existing sign are not changed and only a new sign face is installed.

(9) Enforcement. The Building Inspector will have enforcement authority under this bylaw including the following:

(a) Inspecting and ordering the painting, repair, alteration or removal of a sign which shall constitute a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, or obsolescence.

(b) Determining if a sign has been abandoned and ordering removal by the owner of the sign or the owner of the premises.

(c) Removing or ordering the removal of signs that are not in compliance with this bylaw. Persons wanting to retrieve a sign must pay any fine and/or cost to the Town of Southwick.

(d) Imposing a fine of $200 per day, per violation on any person violating the provisions of this bylaw or any conditions under which a permit is issued. Each day that such violation continues shall constitute a separate offense.

(10) Appeals. Any person aggrieved by the inability to obtain a permit may appeal a decision of the Building Inspector by filing a written notice with the Town Clerk within 30 days from the date of the decision as provided in M.G.L. Chapter 40A, Section 15.

G. Design review.

(1) Design review required. All signs requiring a sign permit under the provisions of this bylaw shall require the review of the Planning Board.

(2) Process. Within seven working days of the Building Inspector's receipt of a complete and compliant sign permit application (per Subsection F(2) of this section), the application, attachments, and the appropriate number of copies shall be sent to the Planning Board. The submitted application and attachments shall include the information and documents as required under Subsection F., sign permits. (2), Application submittal and content, (a) and (b), of this section. The application shall be scheduled for review by the Planning Board at the next meeting of the Board. The Planning Board shall render an advisory recommendation regarding the design of the sign to the Building Inspector. Failure of the Planning Board to make a recommendation within 45 days from the date of the submission of application materials to the Board shall be deemed to constitute a recommendation for approval. The Planning Board shall forward such recommendation and the application to the Building Inspector along with reasons for the recommendation.

(3) Criteria for review. The Planning Board's review and advisory recommendation of proposed signs shall be based on the following:

(a) Design Guidelines Handbook — Town of Southwick, July 1999;

(b) Consideration of how the proposed sign(s) relates to:

[1] The context of the building facade;

[2] Buildings in the immediate vicinity of the sign;

[3] The basic pattern of the street front to which the sign is oriented; and

[4] The size, brightness, style, height and colors of other permanent structures and elements in the immediate vicinity; and

(c) Consideration of whether the proposed sign(s) is:

[1] In compliance with Subsection M. Signage allowances based on zone, district or use;

[2] Sized and located so as to avoid obscuring existing architectural features such as columns, sill lines, roof eaves, and cornices;

[3] Comprised of materials and colors that reflect the character of the building to which it is attached or associated with; and

[4] Displaying graphics, symbols, logos, and/or letters of a size that are proportional to the sign and the building to which it is attached or associated with, does not create a sign with a cluttered appearance, and are legible and visible to both vehicle operators and pedestrians.

(d) Recommendation. The Planning Board's advisory recommendation shall take one of the following forms:

[1] Positive: The Planning Board shall recommend the approval of proposed signs that meet the criteria for review and comply with all requirements of this section.

[2] Positive with conditions: The Planning Board shall recommend the approval with conditions of proposed signs that comply with the requirements of this section, but do not meet the criteria for review. The Board may recommend conditions that require changes to the sign; conditions shall relate to the criteria for review with the intent being that the conditions serve to conform the sign to such criteria.

[3] Negative: The Planning Board shall recommend denial of all proposed signs that do not comply with the requirements of this section; the Planning Board may recommend denial of sign permits that do not meet the criteria for review if, in the opinion of the Board, there are no possible conditions which will allow the sign to more closely meet the criteria for review.

H. Exempt and prohibited signs and devices.

(1) Exempt. The following signs shall not count toward the total amount of signage allowed and do not require a permit; however, exempt signs shall conform with all setback, height and dimensional requirements:

(a) Any public notice or warning required by a valid and applicable federal, state, or local law, regulation, or statute;

(b) Any sign inside a building, not attached to a window or door;

(c) Awning and canopy signs (See Table 4.[19]);

[19] Editor's Note: Table 4 is included at the end of this chapter.

(d) Address sign;

(e) Barber pole;

(f) Contractor sign (One sign allowed per construction site);

(g) Directional sign (See Table 4.[20]);

[20] Editor's Note: Table 4 is included at the end of this chapter.

(h) Directory sign (See Table 4.[21]);

[21] Editor's Note: Table 4 is included at the end of this chapter.

(i) Drive-thru menu board sign (See Table 6.[22]);

[22] Editor's Note: Table 6 is included at the end of this chapter.

(j) Menu board sign (See Table 6.[23]);

[23] Editor's Note: Table 6 is included at the end of this chapter.

(k) Pennant/flag for non-commercial use;

(l) Political sign (Displayed only on private property with consent of the property owner);

(m) Portable sign (See Table 5.[24]);

[24] Editor's Note: Table 5 is included at the end of this chapter.

(n) Real estate sign (One sign allowed per premises);

(o) Real estate development sign (One sign allowed per subdivision);

(p) Seasonal sign (See Table 4.[25]);

[25] Editor's Note: Table 4 is included at the end of this chapter.

(q) Signs located on property owned by the Town and approved by the Board of Selectmen;

(r) Temporary sign (See Table 5.[26]);

[26] Editor's Note: Table 5 is included at the end of this chapter.

(s) Traffic control sign;

(t) Way-finding sign; and

(u) Works of art that do not include a commercial message.

(2) Prohibited signs. The following types of signs are prohibited in the Town:

(a) Abandoned sign, identifying abandoned or discontinued business. Such signs shall be removed within 60 days following the abandonment or discontinuance as ordered by the Building Inspector;

(b) Any non-exempt sign not specifically identified in Tables 1 to 6, Signage Allowances Based on Zone, District or Use;[27]

[27] Editor's Note: Tables 1 to 6 are included at the end of this chapter.

(c) Animated, moving or flashing sign;

(d) Audible sign;

(e) Banner;

(f) Imitation traffic sign which contains or is an imitation of an official traffic sign or signal or contain the words "stop," "go," "slow," "caution," "warning," or similar words in such a manner as to resemble official traffic control signs;

(g) Movable sign;

(h) Promotional beacon, laser light or image;

(i) Sign in the public right-of-way, except as permitted by the Department of Public Works or Mass DOT;

(j) Sign mounted or located on a tree, utility pole, or other similar structure;

(k) Sign which depicts obscene matter or are considered obscene matter, as defined in M.G.L. Chapter 272, § 31;

(l) Sign which advertises an activity which is illegal under federal, state or local laws;

(m) Sign not in good repair, in violation of codes, or containing or exhibiting broken panels, visible rust, visible rot, damaged support structures, or missing letters; and

(n) No permanent sign shall be permitted in any district which does not relate to the identity or business of the legal occupant of the premises upon which it is located unless it is a way-finding sign.

I. Measurement of sign area and height.

(1) Measurement of sign area.

(a) General. Sign display area shall be computed as the area within the smallest single rectangle or square area enclosing the extreme limits of the sign face including any cabinet or frame or material, texture, or color forming an integral part of the sign face used to differentiate the sign face from the structure upon which it is placed. For purposes of determining the maximum size limitations, any intermediary removable surface to which a sign is attached shall be deemed part of the sign, and any sign composed of separate letters, numbers, or symbols cut into or attached to a wall or painted on or otherwise attached to an awning, canopy, or window shall be deemed to occupy the entire area within a single rectangle or square enclosing the extreme limits of the sign, including any structural elements.

(b) Structure. The computation of the area of a sign face shall not include the structure, supports, or uprights on which the sign face is placed or any portions of a sign structure that are not intended to contain any message or idea and are purely structural or decorative in nature, other than those parts contained within the rectangle or square that delimits the sign face.

(2) Measurement of sign height.

(a) Ground signs. The height of a standing sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest component of the sign. Where the normal grade is below the normal grade of a public street, the sign base can be raised to the elevation of the normal grade of the street before the height limitations are applied (surveyor's certificate required).

(b) Building signs. The height of a wall sign or roof sign shall be determined to be the vertical distance measured from grade to the top of the highest attached component of the sign.

J. Location, construction and design standards.

(1) Setback. Unless a more restrictive setback is specified otherwise in this section, all ground signs, whether permanent or temporary, shall be set back at least 10 feet from the nearest property line.

(2) Corner clearance. No sign shall be located in an area formed by the lines of intersecting streets and a line joining such lines 25 feet distance from their point of intersection or in the case of a rounded corner of the point of intersection of their tangents.

(3) Right-of-way. No sign or any part thereof, except as permitted by the Department of Public Works or Mass DOT, shall be located in any public right-of-way. Any pre-existing sign which projects into, on or over a public sidewalk, street or way shall be subject to the provisions of the State Building Code regulating such signs and shall be subject to bonding and/or insurance requirements as determined by the Board of Selectmen.

(4) Compliance with Building Code. All signs permitted under this section shall be constructed and installed in accordance with the applicable provisions of the State Building Code and with the reasonable requirements of the Building Inspector.

(5) Maintenance. All signs, together with the structural elements, shall be kept in good repair and in a proper state of preservation to the reasonable satisfaction of the Building Inspector. The Building Inspector may order the removal of any sign that is not maintained in accordance with the provisions of this section, the State Building Code and/or the Zoning Bylaw.

(6) Installation. No sign shall be painted or posted directly on the exterior surface of any wall, roof or parapet. All signs must be painted, posted or otherwise securely attached to a substantial intermediary removable surface which shall be securely attached to the building; however, the foregoing shall not prevent the installation of a sign consisting of individual letters or devices securely attached to the exterior wall of the building. Installed signs shall display the name of the installer and the permit number issued by the Building Inspector in a conspicuous location.

(7) Illumination.

(a) Permitted: The following types of illumination shall be allowed:

[1] Externally illuminated signs: Signs may be externally illuminated by white, steady, stationary light shielded and directed solely at the sign;

[2] Internally illuminated signs: Signs may be internally illuminated by white, steady, stationary diffuse light;

[3] Back-lit signs: Signs that are internally illuminated with only the letters, characters and/or graphics illuminated and no illumination of the background; and

[4] Reverse lit signs: Signs using an opaque face and sides illuminated by white light only and that shines out of the back of the sign and off the wall behind the sign.

(b) Prohibited: The following types of illumination shall be prohibited:

[1] Open face channel letters; and

[2] Exposed neon tubing or exposed LEDs except for interior window signs.[28]

[28] Editor's Note: Former Subsection J(7)(c), which provided that unless a business establishment is open to the public, no sign shall be illuminated between the hours of 12:00 midnight and 6:00 a.m., and which immediately followed this subsection, was repealed ATM 5-18-2021 by Art. 27.

K. Regulations based on sign type.

(1) Free standing signs.

(a) Location: Free standing signs shall be located on the same lot with the principal building except way-finding signs permitted by the Department of Public Works or Mass DOT.

(2) Wall signs.

(a) Orientation: A wall sign shall be mounted parallel or perpendicular to the wall of the building.

(b) Projection: A wall sign shall not project more than one foot from the face of the wall nor beyond the face of the wall to which it is attached, in the case of a sign mounted parallel to a wall. A sign mounted perpendicular to a wall shall not project more than four feet, from the face of the wall to which it is attached. No wall sign shall project into, on or over a public sidewalk, street or way.

(c) Location: Wall signs shall be mounted on the facade of the business establishment owned or leased by the sign permit applicant.

(3) Awning or canopy signs.

(a) Location: Awning or canopy signs shall be mounted on the facade of the business establishment owned or leased by the sign permit applicant.

(b) Display: Awning or canopy signs shall be painted on or attached flat against the surface of the awning or canopy and shall not be attached to or displayed on the underside.

(4) Electronic variable message signs.

[Amended ATM 5-18-2021 by Art. 27]

(a) Display time: Each message displayed on an electronic variable message sign must be static or depicted for a minimum of 15 seconds. Also, unless an establishment is open to the public, the message displayed on an electronic variable message sign shall be static between the hours of 12:00 midnight and 6:00 a.m., except for signs used to display the time and temperature.

(b) Brightness and color: All electronic variable message signs shall be constructed with a light detector/photocell by which the sign's brightness can be dimmed when ambient light conditions change. The brightness, measured in foot candles, can be no higher than 0.3 foot candles above the ambient light level as measured by a light meter held at a height of five feet above ground level and at a distance similar to the sign-to-viewer distance. All electronic variable message signs must not display light of such intensity, brilliance or color so as to cause glare or otherwise impair the vision of a motor vehicle driver.

(c) Sign area: When an electronic variable message sign is a portion of a free standing or wall sign, the total square footage of the combined signage shall not exceed the maximum area permitted for a free standing or wall sign. The electronic variable message portion of the sign face shall not be the uppermost element, but shall instead be located in the bottom half of the sign face.

(d) Effects: Any message shall not grow, melt, X-ray, scroll, write on, travel, inverse, roll, twinkle, snow, rotate, flash, blink, move, spin, wave, shake or present pictorials or other animation and/or intermittent illumination.

(5) Temporary signs.

(a) Use: Temporary signs announce or provide information on a new business.

(b) Display time: Temporary signs may be installed and maintained for a continuous period not to exceed 60 days for the opening of a new business.

L. Signage allowances based on zone, district or use. If not otherwise stated, any sign not specifically allowed in a zone or district or for a specific use as provided herein shall be prohibited, except as otherwise provided for under this section. The following tables (Table 1 to 6, Signage Allowances Based on Zone, District or Use[29]), provide standards governing signs within a specific zone or district or for specific uses. Specific uses shall be allowed signage as indicated for such use rather than based on the zone or district of such use, unless the signage allowances of the zone or district are less restrictive than those indicated for the specific use. Signs for which a permit is not required shall meet all other provisions of this section of the Sign Bylaw applicable to the subject sign.

[29] Editor's Note: Tables 1 to 6 are included at the end of this chapter.

M. Non-conforming signs.

Any legally permitted non-conforming sign may continue to be maintained but shall not be enlarged, redesigned or altered in any way unless it is brought into conformity with the requirements of this section and the Zoning Bylaw. This shall not include the substitution or interchange of poster panels, painted boards, or dismountable material on non-conforming signs, which shall be permitted. Any such sign which has been destroyed or damaged to such an extent that the cost of restoration would exceed 35% of the replacement value of the sign at the time of the destruction or damage, shall not be repaired or rebuilt or altered unless in conformity with this section.

The exemption herein granted shall terminate with respect to any sign which:

(1) Ceases to have a relevant function as evidenced by a state of disrepair and/or discontinuance of the advertised activity;

(2) Advertises or calls attention to any products, businesses or activities which are no longer carried on or sold, whether generally or at the particular premises; or

(3) Shall not have been repaired or properly maintained within 60 days after notice to that effect has been given by the Building Inspector.

§ 185-30 Off-street parking and loading.

[Amended ATM 10-4-2011 by Art. 5]

A. General provisions.

(1) Parking lot design.

(a) Whenever feasible, parking areas shall be located to the side or rear of the structure, and not within the front yard of a structure.

(b) Parking space must be provided on the same lot or within 200 feet of the principal use to which it is accessory.

(c) Parking areas shall not be located within 15 feet of the street line of any lot.

(d) Parking areas shall be designed so that vehicle lights shall be screened or directed away from oncoming traffic.

(e) Any illumination of parking or loading areas shall be arranged so that the light is reflected away from any adjoining residential premises.

(f) Additional general provisions for parking in areas with more than four spaces:

[1] Areas should be screened by planting or fencing on each side of adjoining or facing side or rear lot line of any residential lot.

[2] Areas and access driveways should be hard-surfaced, graded and drained to dispose of all surface water accumulation.

[3] No portion of an entrance or exit driveway shall be closer than 50 feet to the curbline of any intersecting street, nor closer than 50 feet to any portion of an existing driveway on the same or adjacent lot as measured along the street line.

[4] In the design of parking lots serving uses in any business or industrial zones which provide more than 60 spaces, or in the modification of existing lots to exceed 60 spaces, care should be taken to interrupt the expanse of pavement by separating rows of spaces from each other and from driveways by providing planting strips at least six feet in width. Provision of these required planting strips shall take into account the need to store snow, to locate light poles, and the need for safe pedestrian movement.

(2) Parking spaces.

(a) At least 70% of the spaces in a parking area shall have a minimum width of 10 feet and a minimum length of 20 feet. The remaining 30% may have a reduced parking space size of nine feet in width and a length of 16 feet to accommodate smaller vehicles. This size standard is independent of any requirement for the provision of accessible spaces on the site. Spaces for all non-residential uses shall be hard-surfaced and each space shall be marked with visible lines. Aisles shall not be less than 24 feet in width.

(b) All off-street spaces shall have bumper and wheel guards where needed to protect abutting structures, properties or plantings. Parking areas shall be designed so that parked vehicles do not extend over pedestrian walkways or sidewalks.

B. Parking requirements.

(1) Off-street parking spaces shall be provided for every new structure, enlargement of an existing structure, or development of a new land use, in accordance with § 185-30B(4).

(2) When the computation of required parking or loading spaces results in the requirement of a fractional space, any fraction of 1/2 or more shall be rounded up by one space.

(3) An existing structure which is enlarged or an existing use which is extended or expanded after the effective date of this bylaw shall be required to provide off-street parking and loading space in accordance with § 185-30B(4), unless the increase is 1,000 square feet or less.

(4) The Table of Uses[1] lists the required number of spaces for each type of use. Any use clearly similar to any of the listed uses shall meet such use requirements. If a similarity of use is not apparent, the Planning Board may determine the standards that should be applied to the use in question or require a parking demand study.

[1] Editor's Note: The Table of Uses is included at the end of this chapter.

(5) The Planning Board may allow parking at a rate between 80% and 125% of the required minimum when the applicant provides compelling and acceptable reasons for the proposed parking.

(a) The applicant shall submit documentation from acceptable industry sources to justify the proposed parking.

(b) The Planning Board may require reasonable increases in the landscaping requirements as necessary to mitigate for the impacts of any increased parking area.

C. Shared parking.

(1) The Planning Board, by special permit, may allow shared private parking lots subject to the following provisions:

(a) Up to 50% of the parking spaces serving a building may be used jointly for other uses not normally open, used or operated during similar hours. The applicant must show that the peak parking demand and principal operating hours for each use are suitable for shared parking.

(b) A written agreement defining the shared use of the shared parking lot shall be executed by all parties concerned and approved by the Planning Board as part of the special permit process. Such agreement shall be recorded at the Hampden County Registry of Deeds.

(c) Any subsequent change in use or structure for which the shared parking was approved, and which results in the need for additional parking, shall require a new special permit application under this subsection.

D. Loading space.

(1) Loading space required in any zone for any retail, commercial, hotel, industrial, manufacturing or hospital use is one off-street loading space for every 5,000 square feet of gross floor area.

(2) The loading and unloading area must be of sufficient size to accommodate the numbers and types of vehicles that are likely to use this area, given the nature of the proposed development. However, no off-street loading space shall be less than 12 feet in width, 25 feet in length and 14 feet in height and shall be hard-surfaced. The Planning Board may require more or less loading and unloading area if it deems such increases or decreases reasonably necessary to satisfy the requirements of this section.

(3) The off-street loading space must be provided on the same lot with the principal use to which it is accessory.

(4) Loading and unloading areas shall be so located and designed that the vehicles intended to use them can maneuver safely and conveniently to and from a public or private right-of-way, and complete the loading and unloading operations without obstructing or interfering with any public or private right-of-way parking space or parking lot aisle.

(5) Whenever there exists a lot with one or more structures on it constructed before the effective date of this bylaw section, and a change in use that does not involve any enlargement of a structure is proposed for such lot, and the loading area requirements of this section cannot be satisfied because there is not sufficient area available on the lot that can practically be used for loading and unloading, then the developer need only comply with this section to the extent reasonably possible.

E. Accessible parking.

(1) All parking areas shall provide accessible parking spaces, as required by the Federal Americans with Disabilities Act (ADA)[2] and the Code of Massachusetts Regulations, 521 CMR Rules and Regulations of the Architectural Access Board.

[2] Editor's Note: See 42 U.S.C. § 12101 et seq.

§ 185-30.1 Residential common driveways.

[Added ATM 5-19-2015 by Art. 22]

A. Purpose.

(1) Provide access to residential lots over a common access driveway, rather than by individual driveways on each lot, in approved situations, and enhance the safety and welfare of residents served by common driveways;

(2) Enhance public safety by reducing the number and frequency of points at which vehicles may enter upon approved Southwick public ways;

(3) Preserve, protect and enhance environmentally sensitive land; and

(4) Clarify the rights and responsibilities of residents, developers and the Town of Southwick with the construction and maintenance of residential common access driveways.

B. Definitions. Words and phrases used in this section shall have the meanings set forth herein. Words and phrases not defined herein, but defined in the Town of Southwick Zoning Bylaw, shall be given the meanings set forth in such Bylaw.

COMMON DRIVEWAY

A single driveway shared by no more than two single-family residential lots that each have approved frontage on an existing public way within the Town of Southwick.

COMPACTED SURFACE

A surface which shall consist of a minimum of eight inches of base gravel with a minimum four inches processed stone aggregate or three inches of asphalt on top.

C. Permitted use. Residential common driveways may be allowed by special permit and site plan approval, issued by the Planning Board and subject to the requirements of this and other applicable bylaws, within the following zoning districts: Agriculture and Conservation District AC, Residence Zone R-40, Residence Zone R-20, Residence Zone R-20-A, or Residence Zone R-20-B. Approval under this § 185-30.1 shall not be deemed an approval under § 157-2. All requirements of § 157-2 shall be met.

D. Prohibited uses. No common driveway shall be allowed:

(1) Which serves more than two lots;

(2) For any lot which contains a use other than a single-family dwelling and its allowed accessory use(s); or

(3) Where both of the lots to be served by the common driveway are estate lots.

E. General requirements.

(1) A common driveway shall be allowed only by a special permit issued by the Planning Board as special permit granting authority, and shall be built in accordance with the standards set forth in this regulation and Massachusetts General Laws Chapter 40A, the Southwick General Driveway Bylaw (§ 157-2) and Southwick Zoning Bylaw (Chapter 185).

(2) Both lots to be served by a common driveway must meet the requirements of a building lot, and the appropriate dimensional requirements, as defined in the Southwick Zoning Bylaw and as identified in Chapter 185, Attachment 3.

(3) If one of the lots is an approved estate lot under § 185-21, the common drive portion of the common driveway must be on the approved access strip for the estate lot, with the individual portion of common driveway for other lot branching off from the estate lot access strip. The access strip for the estate lot must accommodate any additional width needed to meet the dimensional and construction standards in Subsection F of this section.

(4) The driveway shall lie entirely within the lots being served and within the boundaries of the Town of Southwick. Access for the common driveway must be made through frontage of a lot served by the common driveway.

(5) There shall be a minimum of 20 feet between entrances onto any public way of any two common driveways.

(6) Maintenance of any utility extensions contained within the common driveway shall be the responsibility of the owners of the lots served by the common driveway.

(7) A stormwater permit shall be applied for if it is deemed necessary by the Planning Board.

(8) Common driveway design shall, to the greatest extent possible, minimize adverse impact to wetlands, farmland, or other natural resources; allow reasonable, safe, and less environmentally damaging access to lots characterized by slopes or ledges; result in the preservation of rural character through reduction of allowable accessways; and retain existing vegetation and topography.

(9) Deeded covenants for both affected lots shall be executed by the owners of the lots served by the common driveway and provided to the Board, and shall include provisions, which are adequate in the opinion of the Planning Board and Town Counsel, to (i) allow and provide for vehicular and pedestrian access, ingress, egress, and travel along the shared portion of the common driveway; (ii) establish a maintenance association comprised of the owners of the lots served by the common driveway; (iii) ensure continued maintenance of the common driveway surface and its drainage structures; (iv) provide for the collection of dues and assessments necessary for such ongoing maintenance and repair of the common driveway and the utilities contained therein, on, or under; and (v) provide an enforcement mechanism enforceable by the maintenance association in the event of nonpayment of dues or assessments by a member.

(10) A maintenance agreement shall be executed by the owners of the lots served by the common driveway and shall stipulate the specific responsibilities of each owner of the lots served by the common driveway. Both landowners shall be jointly and severally responsible and liable for the repair and maintenance of the shared portion of the common driveway, and utilities contained within, to which each landowner holds an easement or right-of-way.

(11) Drafts of both the deeded covenants and maintenance agreement shall be submitted for approval with the special permit application and recorded in accordance with this regulation.

(12) The common driveway shall not be considered a public way and shall not provide lot frontage. The Town of Southwick shall not be required to provide services along any common driveway, including without limitation construction, reconstruction, maintenance, snowplowing, school bus pickup or police patrols.

(13) For any existing common driveway at the time of the adoption of this regulation, the Town of Southwick will accept no additional liability or maintenance responsibility greater than what has been agreed to in writing prior to the date of adoption. Any existing common driveway in use at the time of the adoption of this section may not be used to access any additional houses or be relocated, expanded or extended in any way. Any regular maintenance or improvements in conditions of the existing common driveway shall be allowed within the existing footprint of the driveway.

F. Dimensional and construction standards. The following guidelines will be used when preparing and reviewing plans for a common driveway:

(1) The shared portion of the common driveway shall have:

(a) An easement area that is a minimum of 30 feet wide;

(b) A length of no more than 800 feet from the entrance from the public way to the point where the common driveway serves individual lots;

(c) A compacted surface which is a minimum of 15 feet wide;

(d) Three-foot maintained shoulders;

(e) Passing turnouts for emergency vehicles, which shall be required at intervals of not more than 400 feet. The turnouts shall be of a compacted surface consisting of a total widened driveway surface width of 24 feet and 40 feet long. The Planning Board may require a lesser distance between turnouts, if warranted for safety considerations;

(f) A slope or grade not to exceed 9% at any point; and

(g) Culvert(s) installed if deemed necessary by the Director of the Department of Public Works. Any bridge or culvert crossings on the common portion shall be designed to accommodate H20 loading.

(2) The entire length of driveways (shared and individual portions) shall be constructed with a setback from any abutting property line not served by the common driveway of a minimum of 10 feet for the entire length of the driveways.

(3) Permanent signage, with four-inch block shaped lettering identifying the two house numbers, must be installed at the street line and at the intersection of each individual driveway.

(4) The Planning Board shall require the shared portion of the common driveway to be substantially completed prior to issuance of the building permit. Inspections and approvals of the shared portion shall be completed by the Director of the Department of Public Works. No building permit shall be issued until the Director of the Department of Public Works has approved the shared portion of the common driveway and provided written notice of such to the Building Inspector. Any items not required prior to issuance of the building permit must be completed and approved by the Director of the Department of Public Works prior to issuance of any occupancy permits.

(5) Certain construction standards may be waived if, in the opinion of the Planning Board, such action is in the public interest and consistent with the purpose and intent of the Zoning Bylaw.

G. Recording requirements. The following must be recorded at the Hampden County Registry of Deeds within 30 days after the expiration of the appeal period, or final judgment from a court of competent jurisdiction, for the approved special permit issued by the Planning Board:

(1) Special permit decision;

(2) Access and utility easement for each lot;

(3) Deeded covenants for both affected lots; and

(4) Maintenance agreement for the shared portion of common driveway.

§ 185-31 Public garages and service stations.

A. The Planning Board may issue a special permit for a public garage or gasoline filling station, provided that:

[Amended STM 11-16-2010 by Art. 5]

(1) Public garages, motor vehicle service stations, gasoline filling stations or any accessory use thereto shall be set back to a minimum of 50 feet from any street line and any side lot line.

(2) Services creating noise, odors or liquid drainage shall be permitted only within a building. Plantings and fencing may be required.

(3) No public garage, motor vehicle service station, gasoline filling station or any accessory use thereto shall be permitted within 100 feet, as measured along the street line, of the nearest part of the building or structure of an existing business of a different nature.

(4) No public garage, motor vehicle service station, gasoline filling station or any accessory use thereto shall be permitted within 500 feet, as measured along the street line, of the nearest part of any existing building or any other public garage, motor vehicle service station, gasoline filling station or accessory use thereto.

(5) The erection or enlargement of a public garage, a motor vehicle service station, a gasoline filling station or any accessory uses thereto is not situated within a distance of 500 feet, as measured along the street line, of a residential zone, or of any lot used principally as a charitable institution, a playground, a church or a public library. No existing public garage, motor vehicle service station, gasoline filling station or accessory use thereto shall be deemed to be a nonconforming use through the subsequent erection of any such charitable institution, playground, church or public library.[1]

[1] Editor’s Note: Former Subsection B, regarding special permits for liquor establishments, as amended ATM 4-20-1993 by Art. 26, which immediately followed this subsection, was repealed STM 11-16-2010 by Art. 6.

§ 185-32 Trailers.

[Amended STM 11-16-2010 by Art. 7]

A trailer, excluding mobile homes, may be stored by its owner in the rear yard of a lot occupied by him as his permanent residence, but no trailer may be occupied or used for sleeping, living, cooking or carrying on a business in any district in the Town of Southwick, unless authorized by the Building Inspector and a permit issued by the Board of Health. In the event of a casualty the Building Inspector and the Board of Health may issue separate permits under this section for a maximum of twenty-four months to allow the permit holder to rebuild; provided, however, that the trailer may not be occupied or used for sleeping, living, or cooking without the issuance of both permits. In cases of hardship, the Building Inspector and the Board of Health at their reasonable discretion may extend the permit for up to six months at a time to allow the permit holder to complete rebuilding and obtain a certificate of occupancy for the structure damaged or destroyed by a casualty. In the case of a trailer to be used for carrying on a business under this section, including a case of a trailer to be used for carrying on a business under this section, including a trailer used for storage of inventory or merchandise, the Building Inspector may issue successive permits in appropriate cases for up to 365 days provided there is sufficient area for loading and unloading, parking and the trailer can meet any set back requirements of the zoning district and the merchandise or inventory to be stored is not of a hazardous material or a fire hazard and such inventory or merchandise can be sold in the zoning district as a matter of right. No trailer parks or trailer camps of any type (two or more) shall be allowed in any district in the Town of Southwick except as provided for in Article VI, § 185-34, entitled "Commercial recreation."

§ 185-33 Earth excavation.

A. The excavation and processing of earth products such as sand, gravel, stone, loam, peat and earth, provided that other materials are not carried into the district to be used in any way in the processing of earth products, may be permitted by the Planning Board as a special permit subject to the following regulations and procedures; except that the following may be permitted in any zone except the Agriculture Conservation and Flood Hazard and Wetlands Districts, provided that no permanent damage is done to the landscape:

(1) Necessary foundation and trench excavation and driveway excavation or other site grading in connection with work on the premises for which a building permit has been issued, not to exceed 1,000 cubic yards.

[Amended STM 10-15-2002 by Art. 5]

(2) Topsoil or loam, earth, gravel, sand or clay may be removed from the area to be covered by a building, landscaping a building, or other construction operation, provided that not less than six inches of topsoil or loam remains and provided that the entire area disturbed is seeded with a suitable cover crop or is put to cultivation.

(3) No piles of dirt, sand, gravel or stone shall remain within 200 feet of any street line 30 days after completion of excavation or completion of construction of a building.

(4) Where necessary as a part of a farm, garden or nursery activity.

(5) Notwithstanding anything to the contrary contained in Subsection D(3) of this section, in the event that the Planning Board determines that it is necessary to conduct crushing operations and other forms of processing on any premises located in any nonresidential zone within the Town in order to comply with a building permit, site plan approval or a special permit which has been issued prior thereto, the Planning Board, after hearing, may grant a petitioner a nonrenewable special permit to conduct such operation for a period not to exceed 90 days. The Planning Board shall place such conditions on any such special permit as it deems necessary to comply with the regulations and procedures contained in this § 185-33 of this chapter.

B. Before any excavation, removal or processing of earth products may be undertaken or continued, the property owner or his agent shall apply to the Planning Board for a special permit. The application for a special permit shall be accompanied by a plan of operations, including the following maps, plans and specifications as drawn by a registered engineer:

(1) The location of the premises, names of abutting owners and an estimate of the amount of material to be excavated or removed.

(2) Grading plan showing existing contours at five-foot intervals in the area to be excavated and proposed five-foot interval contours for the area after operations. Such plans shall include the area to be excavated as well as the surrounding area within 50 feet of the excavation and shall be drawn at a convenient scale.

(3) Existing and proposed drainage of the site.

(4) Proposed truck access to the excavation.

(5) An estimate of the number and types of trucks and other machinery to be used on the site, hours of operation and the locations and types of any buildings to be erected.

C. Required reuse plan. It is recognized that land reuse of a removal site is in the public interest. Therefore, land reuse plan(s) on a scale of 100 feet to the inch, and on standard twenty-four-inch-by-thirty-six-inch sheets must be submitted to and approved by the Planning Board subject to the regulations set forth in the following subsections:

(1) The Planning Board may require that up to five approved alternative future land reuse plans be submitted for such land as is used for the extraction of sand, gravel, rock, loam, sod and associated earth materials. A land reuse plan is also required where an existing extraction operation is extended below the grade of the adjacent ground. Five copies of each alternative land reuse plan must be submitted to the Planning Board by the developer.

(2) Said land reuse plan and its implementation applies to the conversion of the abandoned site and its planned reuse, including landscaping and suitable erosion control. It is, therefore, required that any land reuse plan correspond to a situation which could reasonably occur in the immediate future (zero to five years), and be revised as necessary as the existing physical character of the removal area changes.

(3) The land reuse plan or any part thereof which reasonably applies to an area which has been abandoned from removal use shall be put into effect within one year of the abandonment of said operation. "Abandonment" for the purposes of this subsection shall be defined as the visible or otherwise apparent intention of the owner or user of the land to discontinue the use of the land for a continuous period of one year. Temporary operating of less than 30 days shall not be construed to interrupt any continuous period of abandonment.

D. The Planning Board will hold a public hearing in accordance with the provisions of MGL C. 40A, § 17, and grant the permit only when it is satisfied that the following conditions will be complied with in the undertaking of such excavation:

(1) The premises shall be excavated and graded in conformity with the plan as approved and any deviation from the plan shall be a violation and cause for the Board to revoke the permit.

(2) The applicant shall file with the Board a performance bond in such amount as the Board shall deem sufficient to insure completion of the work following excavation pursuant to the conditions as set forth below.

(3) No washing, crushing or other forms of processing, except screening and sifting, shall be conducted upon the premises unless located within an industrial zone.

(4) No fixed machinery shall be erected or maintained within 200 feet of any property or street line.

(5) No excavation shall take place within 100 feet of a property line or a street line if below the established grade of the street or property line.

(6) Subject to approval by the Board, temporary shelter for machinery and a field office may be provided.

(7) At all stages of operations, proper drainage shall be provided to prevent the collection and stagnation of water and to prevent harmful effects upon surrounding properties.

(8) During the period of excavation and removal, barricades or fences may be required by the Board.

(9) Truck access to the excavation shall be so arranged as to minimize danger to traffic and nuisance to surrounding properties. The Board shall require that access roads be provided with a paved or another dustless surface.

(10) Proper measures, as determined by the Board, shall be taken to minimize the nuisance of noise, flying rock or dust and unsightly or dangerous conditions. Such measures may include, when considered necessary, limitations upon the practice of stockpiling excavated materials upon the site and hours of work.

(11) When excavation and removal operations or either of them are completed, the excavated area shall be graded so that slopes in disturbed areas shall be no steeper than one to two (1:2) (vertical to horizontal). A layer of topsoil shall be spread over the excavated area, except exposed rock surfaces, to a minimum depth of four inches in accordance with an approved final grading and reuse plan.

(12) Such removal will not endanger the public health or safety or constitute a nuisance.

(13) The result of transportation of materials will not cause hazards or traffic congestion, particularly on residential streets, and will not result in the transportation ways being unduly injured.

(14) Such excavation must not result in a change in topography and cover which will be disadvantageous to the most appropriate use of the land.

(15) The reuse plan is appropriate.

E. In approving the issuance of a permit, the Planning Board shall impose reasonable conditions which shall be written upon and shall constitute part of the permit, including but not limited to:

(1) The finished leveling and grading.

(2) The placing of topsoil and planting necessary to restore area to usable conditions.

(3) The duration of the removal operation.

(4) The construction of necessary fencing and other protections against nuisances.

(5) The method of removal.

(6) Temporary structures.

(7) The hours of operation.

(8) Routes of transportation of material.

(9) The control of temporary and permanent drainage.

(10) The disposition of boulders and tree stumps.

(11) The requirement that roadways used for transportation of material must be swept clean and cleared of material spilled from trucks, at least once each day before sunset and oftener, if occasion required.

(12) The requirement that damage to pavement, drainage structures and curbing caused by said trucks or spillage be repaired by the prime contractor.

(13) The requirement that any repair or cleaning of roadways, as outlined in Subsection E(11) and (12), if performed by the Town be paid for by the prime contractor.

(14) A suitable reuse plan.

F. Any such permit shall expire one year from the date of issuance unless renewed by the Board. The Board shall not renew or extend any permit unless the operator is able to show, through the report of a registered engineer, that the excavation already completed conforms to the plan of operations as approved.

G. If for any reason the operation of the bank is abandoned for 12 months, the permit is void and the owner or his agent must apply for a new permit and furnish such engineering data and bond as may be required by the Board, or conform to the finishing requirements of this section.

H. Uses already in existence shall not exceed the original plan showing boundaries and materials. Where no plan exists, earth excavation and processing shall conform to the above regulations as amended.

I. Earth excavation for commercial purpose shall not be allowed within 30 vertical feet over a predetermined aquifer area. Such measurement shall be based on the highest known water table as established by engineering data.

§ 185-34 Commercial recreation.

A. The Planning Board may issue a special permit for a commercial recreation area, after a public hearing.

B. Such special permit for commercial recreation shall not be issued or approved unless the Planning Board shall find that the proposed commercial recreation area:

(1) Is consistent with the Master Plan of Southwick.

(2) Will cause no hazards to health, safety and property from fire, accident, sanitary and drainage conditions, excessive traffic, noise, vibrations, odors or other nuisance.

(3) Will not add undue traffic to local streets or load storm drainage pipes beyond their reasonable capacity.

(4) Will conform to proper standards of traffic access and egress with proper fire protection.

(5) When involving campsites, will keep such campsites a minimum of 100 feet from any other commercial activity or building.

(6) Shall not interfere with any public water supply.

(7) When involving campsites the use is to be temporary in nature for short-term occupancy.

(8) Is contained in an area of not less than 50 acres.

[Amended ATM 4-20-1993 by Art. 23]

(9) Shall comply with all other applicable laws, regulations and codes set forth by the Commonwealth of Massachusetts.

C. Applications.

(1) Each application for commercial recreation shall be accompanied by a site plan, two copies of which shall be submitted to the Planning Board. Comments and recommendations by the Board of Health shall be transmitted to the Planning Board and be made a part of the public hearing. The site plan shall show:

(a) The boundaries of the property and all roads and buildings within 500 feet of the property, and the names of all abutters as they appear on the most recent tax list.

(b) Proposed and existing roads, parking areas, required drainage and sanitary facilities, proposed grading, existing and proposed topography, proposed location of proposed buildings and the limits of proposed activities, proposed lighting and other utility installations and access- and egress ways, together with a specific list of the proposed use or uses, including daytime and nighttime activities.

(c) Applicable information required to assure conformance to the design criteria of streets and utilities.

(2) The site plan shall be accompanied by an application fee of $40.

(3) Where campsites are provided in a commercial recreation use, they shall conform to the campsite design criteria as set forth in this section.

(4) Procedure for hearing and rules shall be in accordance with the provisions of Chapter 40A of the General Laws of the Commonwealth of Massachusetts, and the Zoning Bylaws of Southwick, Massachusetts.

D. Approval by Planning Board. Approval by the Planning Board of a special permit for commercial recreation shall be based on an approved site plan, filed with the Board of Health, Planning Board and, where applicable, the State Board of Health, which shall show clearly the locations of buildings, construction, improvements, outdoor lighting and the limits of the open spaces for outdoor activities, together with a list of the uses and accessory uses included as a part of the commercial recreation use.

(1) Two copies of the site plan are required by each Board.

(2) The applicant may submit, and the Planning Board may approve, amendments to the approved site plan, provided that any amendments that extend the limits or numbers of kinds of activities or buildings, or the scope of lighting, or major modifications, shall not be approved until after a public hearing.

(3) Unless otherwise extended by the Planning Board, approval of an exception for commercial recreation shall become null and void after two years, unless a substantial part of the facility is in operation.

(4) A license from the Licensing Board is required and shall be renewed each year.

E. Building permits.

(1) Subject to the State Building Code of the Town of Southwick.[1]

[1] Editor's Note: See Ch. 79, Building Construction.

(2) No building permit shall be issued for construction except in accordance with an approved site plan for a special permit for commercial recreation. No certificate of occupancy shall be issued until the protective requirements and public improvements shown on the approved site plan have been completed.

(3) Building permits are issued by the Building Inspector.

F. Commercial recreation. Commercial recreation shall include only the following permitted uses and any approved combination thereof:

(1) Boys' camp or girls' camp.

(2) Outdoor athletic activities, including facilities for skating, skiing, sledding, swimming, squash and tennis and related activities.

(3) A golf course of not fewer than nine holes as a principal recreational use and a par-three golf course or putting greens and driving ranges accessory to a major recreation activity; a driving range or ranges as a principal recreational use; and a miniature golf course or courses as a general use.

[Amended ATM 4-21-1992 by Art. 22; STM 6-23-1992 by Art. 6; STM 3-1-1995 by Art. 4]

(4) Riding academy with trails as a principal use, and the keeping and boarding of horses for riding, instruction and exhibition.

(5) Outdoor picnic facilities including appropriate sheds, barbecue pits and outdoor fireplaces as an accessory to a major recreational facility.

(6) Social and recreational facilities for dining and dancing, including banquets, meetings, receptions, assemblies and entertainments, provided that such activities are accessory to and a part of a principal recreational use.

[Amended ATM 4-20-1993 by Art. 25]

(7) Motel, lodge or inn furnishing lodging and/or meals to transients as accessory to a recreational use, but not as a principal use, provided that no living accommodations that include cooking facilities shall be occupied by persons other than the owners, their family members and employees employed on the premises and their family members for not more than 30 days between October 1 and the next following May 15.

[Amended ATM 4-20-1993 by Art. 24]

(8) The rental of campsites as a part of a commercial recreation operation is permitted subject to the following conditions:

(a) Campsites may be occupied by a travel trailer, camp trailer or tent, but not any type of permanent building or mobile home.

(b) Campsites may not be occupied between December 15 and the next following March 15. Campsites may be occupied on a limited scale in ski areas from December 15 to the following March 15.

(c) The number of campsites in any one commercial recreation area shall not exceed 150 campsites. Trailer storage year round is not permitted.

(d) Spaces in campsites may be used only by recreational campers or equivalent facilities constructed in, on or behind a motor vehicle, classified as short-term vacational housing.

(9) Activities similar to those listed above, that are commonly provided by such organizations as day camps, swimming and tennis clubs and other recreational enterprises, and that are listed in the application and shown on the site plan, may be approved by the Planning Board subject to such additional safeguards as the Planning Board may require.

(10) Except as above, residential use shall be limited to existing dwellings, one additional dwelling and new accommodations for persons employed on the premises only.

(11) Accessory uses and structures customarily incidental to a permitted use.

(12) External lighting at the main entrance shall be shaded to prevent glare on any adjoining property. Animated, flashing and oscillating signs are not permitted. Signs will conform to the rules on signs in effect in the Town of Southwick.[2]

[2] Editor's Note: See § 185-29, Signs.

(13) Pro shops and retail shops accessory or incidental to the commercial recreation use.

[Added ATM 4-20-1993 by Art. 27]

G. Design and operating criteria governing the location and construction of improvements, buildings and facilities shall include the following:

(1) A special permit for commercial recreation may be granted only on a tract of land containing not less than 50 acres in any zoning district where commercial recreation is a permitted use.

[Amended ATM 4-20-1993 by Art. 28]

(2) No structure except a single-family dwelling and no recreational activities except a golf course shall be less than 200 feet from the nearest public highway, nor less than 250 feet from the nearest dwelling located under other ownership on the same side of highway.

(3) Off-street parking shall be provided for cars of all patrons, employees and persons using the facilities, together with the necessary access driveways to public roads. Surfacing shall be of a type appropriate for the proposed land uses, and shall be treated to inhibit dust. No parking shall be located less than 100 feet from any other property line which shall be protected by a landscaped buffer strip not less than 10 feet wide. Adequate access roads, depending on the number of campsites and terrain factors, at least 24 feet in width shall be provided.

(4) The volume of sound from music and public address systems and recreational motor vehicles shall be so controlled as to prevent objectionable noise off the premises.

(5) Banquets, meetings, stage presentations and dancing shall be held inside a structure, but this shall not prevent presentation outside a structure of athletic exhibitions or contests or theatrical performance.

(6) No entrance or exit from a campsite shall be allowed to move through a residential development.

(7) Development of water areas and drinking water supplies and overall distribution of the water system within the area shall come under the Board of Health and the Massachusetts Department of Public Health. Electrical facilities shall conform to the Town of Southwick electrical standards and the Massachusetts Electrical Code.

(8) No person shall conduct, control, manage or operate directly or indirectly any recreational camp, overnight camp or commercial camp unless he is a holder of a license as specified by the Massachusetts State Sanitation Code and the General Laws of Massachusetts.

(9) There shall be a minimum of 20% of the total land area in a campground left in its natural state.

(10) Open space areas shall be required in all commercial recreational areas.

(11) External lighting at the main entrance shall be shaded to prevent glare on any adjoining property. Animated, flashing and oscillating signs are not permitted. Signs will conform to the rules on signs in effect in the Town of Southwick.[3]

[3] Editor's Note: See § 185-29, Signs.

H. Campsite design criteria. The following requirements shall apply to the layout, construction and operation of camping and other facilities in a commercial recreation zone:

(1) Provision shall be made for furnishing adequate potable water, sanitary sewage disposal and collection and disposal of garbage and waste materials in conformance with the state and local laws. Electrical outlets may be provided at each site in the campground.

(2) Approval of the plans by the Southwick Board of Health and the State Board of Health is required before approval of a special permit, and certification of sanitary facilities in accordance with the approved plans is required before issuance of a certificate of occupancy.

(3) Potable water shall be furnished by a piped pressure system, with one outlet on each independent campsite, and one outlet for not more than 10 dependent campsites.

(4) Sanitary sewage disposal shall be under the supervision of the local Board of Health and conform to the State Sanitation Code. Plans shall be approved by the Massachusetts Department of Public Health.

(5) Where required, a community toilet facility, to serve not more than 10 campsites, shall consist of a shower stall, a lavatory and a water closet, separated for each sex, suitably screened from campsites, and such facility shall not be located more than 500 feet from the farthest individual campsite served.

(6) Garbage and waste collection stations shall be located so as to serve not more than 10 campsites, and shall be substantially screened.

(7) The location, materials of construction and storage of fuels for outdoor cooking facilities of any kind shall be subject to the approval of the Fire Marshal, and no outdoor cooking shall be allowed except at approved locations.

(8) Roads and driveways adequate for the purpose intended, and adequate provisions for storm drainage, shall be subject to the approval of the Planning Board. All roads shall provide free movement for the fire equipment.

(9) Each campsite shall contain not less than 2,500 square feet of area for the exclusive use of each site occupant, provided that there shall be not more than 10 campsites per gross acre devoted to such sites, and exclusive of all public open spaces.

(10) Each campsite shall not have less than 50 feet frontage on an access driveway or way connected ultimately to a public street, and an average width of not less than 50 feet, and a minimum depth of 50 feet.

(11) Each campsite shall have an open unoccupied yard, five feet along each campsite boundary line.

(12) Campsites shall be arranged so that:

(a) There shall be not more than 10 continuous campsites on each side of the same street without separation by a street or a landscaped buffer strip not less than five feet wide.

(b) The landscaped buffer strips shall continue five feet wide alongside or near campsite lot lines, so as to separate the campsites into groups of not more than 20 surrounded by either landscaped or public spaces.

(c) Each campsite within a group of 40 is not more than 200 feet from a public open space containing not less than 10% of the area of the number of campsites served.

(13) No site plan shall be approved unless it is consistent with the public welfare or which impairs the integrity of this chapter or which does not fully safeguard the appropriate use of the land and the immediate neighborhood.

§ 185-35 Automated pork-producing farm.

A. The Planning Board may issue a special permit for an automated pork-producing farm after a public hearing.

B. Such special permit for an automated pork-producing farm shall not be issued or approved unless the Planning Board shall find that the proposed farm:

(1) Will cause no hazards to health, safety and property from fire, accident, sanitary and drainage conditions, excessive traffic, noise, vibrations, odors and other nuisances.

(2) Will not add undue traffic to local streets or load storm drainage systems beyond their reasonable capacity.

(3) Conforms to proper standards of traffic access and egress with proper fire protection.

(4) Shall not interfere with any public or private water supply.

(5) Is contained on a farm of not less than 50 contiguous acres.

(6) Shall comply with all other applicable laws, regulations and codes as set forth by the Commonwealth of Massachusetts.

C. Each application for an automated pork-producing farm shall be accompanied by a site plan, one copy of which shall be submitted to the Planning Board and one copy of which shall be submitted to the Board of Health for its review and recommendations. Comments and recommendations by the Board of Health shall be transmitted to the Planning Board and be made part of the public hearing. The site plan shall show:

(1) The boundaries of the property and all roads and buildings within 500 feet of the property.

(2) Proposed and existing roads, parking areas, required drainage and sanitary facilities, proposed grading, proposed landscaping, existing and proposed topography, proposed lighting and other utility installations and access- and egress ways, together with a specific list of the proposed use or uses.

(3) Applicable information required to assure conformance to design criteria for streets and utilities. Proper road design standards shall be regulated by the Superintendent of Streets and the Planning Board.

(4) Procedure for hearing and rules has to be in accordance with the provisions of Chapter 40A of the General Laws of the Commonwealth of Massachusetts, and the Zoning Bylaws of the Town of Southwick.

(5) The names of all abutters as they appear on the most recent tax list.

(6) Plans of proposed buildings and elevations showing general appearance with methods of noise containment clearly shown.

(7) A separate sanitary report should clearly show:

(a) A complete system design in detail.

(b) No temporary facilities.

(c) A fail-safe system.

(d) A verified analysis by a licensed sanitary engineer.

(e) A report from the State Department of Public Health.

D. The site plan shall be accompanied by an application fee of $100.

E. Approval by the Planning Board.

(1) Approval by the Planning Board for a special permit for an automated pork-producing farm shall be based on an approved site plan, which has been filed with the Planning Board, Board of Health and, where applicable, with the State Board of Health, showing the requirements listed in this chapter have been complied with.

(2) The applicant may submit and the Planning Board may approve amendments to the approved site plan, provided that any amendments that extend the scope, limits or numbers of kinds of uses of building or major modifications shall not be approved until after a public hearing.

(3) Approval of a special permit for an automated pork-producing farm shall become null and void after two years, unless a substantial (more than 50%) part of the facility is in operation.

(4) A license from the licensing authority is required and shall be renewed each year.

F. Building permits.

(1) Subject to the State Building Code of the Town of Southwick.[1]

[1] Editor's Note: See Ch. 79, Building Construction.

(2) No building permit shall be issued for construction except in accordance with an approved site plan for a special permit for an automated pork-producing farm.

(3) Building permits are issued by the Building Inspector.

G. Permitted uses.

(1) Raising of pork-producing animals within an enclosed structure.

(2) Growing of food products and related agricultural uses.

(3) Permanent residential dwellings shall not exceed two.

H. Design and operating criteria.

(1) An exception or special permit for an automated pork-producing farm shall only be granted on a tract of land or farm containing not less than 50 contiguous acres, and located only in an R-40 or IR Zone as shown on the Official Zoning Map.[2]

[2] Editor's Note: The Zoning Map is on file in the office of the Town Clerk.

(2) No structure except a single-family residential dwelling shall be located less than 200 feet from any residential dwelling on an adjacent lot, nor less than 200 feet from an adjacent lot line.

(3) Adequate parking shall be provided.

(4) Buildings housing pork-producing animals shall be properly insulated to prevent objectionable noise off the premises. Noise shall not exceed 70 decibels at the nearest property line.

(5) Pork-producing animals shall be confined within a structure at all times. Outdoor pens are strictly prohibited.

(6) Development of water areas and drinking water supplies and overall distribution of the water system within the area shall come under the jurisdiction of the Board of Health and the Massachusetts Department of Public Health.

(7) Electrical facilities shall conform to the Town of Southwick Electrical Code and the Massachusetts Electrical Code.

(8) Garbage feeding shall be prohibited.

(9) Leaching sewage shall be prohibited.

(10) Septic treatment of animal waste shall be prohibited.

(11) Approved site plans and certification of sanitary facilities must be approved before issuance of a certificate of occupancy.

I. Bonding. A proper bond shall be required by the Planning Board; said bond shall not be less than 10% of the estimate cost of the project.

§ 185-35.1 Adult entertainment.

[Added STM 4-10-2001 by Art. 15]

A. Authority. This section is enacted pursuant to MGL c. 40A and pursuant to the Town's authority under the Home Rule Amendment to the Massachusetts Constitution to serve the compelling Town interests of limiting the location of and preventing the clustering and concentration of certain adult entertainment enterprises, as defined and designated herein, because of their deleterious effects in generating crime and blight and in direct response to studies demonstrating those deleterious effects.

B. Purpose.

(1) It is the purpose of the Adult Entertainment District to address and mitigate the secondary effects of the adult entertainment establishments and sexually oriented businesses that are referenced and defined herein. Secondary effects have been shown to include increased crime, adverse impacts on public health, adverse impacts on the business climate of the Town, adverse impacts on the property values of residential and commercial properties, and adverse impacts on the quality of life in the Town. All of said secondary impacts are adverse to the health, safety and general welfare of the Town of Southwick and its inhabitants.

(2) The provisions of this section have neither the purpose nor intent of imposing a limitation on the content of any communicative matter or materials, including sexually oriented matter or materials. Similarly, it is not the purpose or intent of this section to restrict or deny access by adults to adult entertainment establishments or to sexually oriented matter or materials that are protected by the Constitutions of the United States of America or of the Commonwealth of Massachusetts, nor to restrict or deny rights that distributors or exhibitors of such matter or materials may have to sell, rent, distribute or exhibit such matter or materials. Neither is it the purpose or intent of this section to legalize the sale, rental, distribution or exhibition of obscene or other illegal matter or materials.

C. Adult entertainment uses by special permit in the Industrial Restricted (IR) Zone. Adult entertainment uses shall be prohibited in all zoning districts except in the Industrial Restricted Zone (IR) and may be permitted in said District only upon the grant of a special permit by the Planning Board. Such a special permit shall not be granted unless each of the following standards has been found to have been met.

(1) The application for a special permit for an adult entertainment use shall provide the name and address of the legal owner of the establishment, the legal owner of the property, and the manager of the proposed establishment.

(2) No adult entertainment use special permit shall be issued to any person convicted of violating the provisions of MGL c. 119, § 63, or MGL c. 272, § 28.

[Amended STM 10-15-2002 by Art. 6]

(3) Distances from other uses.

(a) Adult entertainment uses shall not be located within:

[1] One thousand feet from the nearest residential zoning district; or

[2] One thousand feet from the nearest church, school, park, playground, play field, youth center or other location where groups of minors regularly congregate herein; or

[3] One thousand feet from the nearest adult entertainment use as defined herein; or

[4] One thousand feet from the nearest establishment licensed under MGL c. 138, § 12.

(b) The distances specified above shall be measured by a straight line from the nearest property line of the premises on which the proposed adult entertainment use is to be located to the nearest boundary line of a residential zoning district or to the nearest property line of any of the other designated uses set forth above.

(4) All building openings, entries and windows shall be screened in such a manner as to prevent visual access to the interior of the establishment by the public.

(5) No adult entertainment use shall be allowed to display for advertisement or other purpose any signs, placards or other like materials to the general public on the exterior of the building or on the interior where the same may be seen through glass or other like transparent material any sexually explicit figures or words as defined in MGL c. 272, § 31.

(6) No adult entertainment use shall be allowed to disseminate or offer to disseminate adult matter or paraphernalia to minors or suffer minors to view displays or linger on the premises.

(7) No adult entertainment use shall be allowed within a building containing other retail, consumer or residential uses.

(8) No adult entertainment use shall be allowed within a shopping center, shopping plaza or mall.

(9) The proposed adult entertainment use shall comply with the off-street parking requirements set forth in § 185-30.

(10) No adult entertainment use shall have any flashing lights visible from outside the establishment.

(11) No adult entertainment use shall have a freestanding accessory sign.

(12) No adult entertainment use shall be established prior to submission and approval of a site plan by the Planning Board. The site plan shall depict all existing and proposed buildings, parking spaces, driveways, service areas and other open uses. The site plan shall show the distances between the proposed adult entertainment use and the boundary of the nearest residential zoning district and the property line of each of the uses set forth in Subsection C(3).

D. Conditions. The special permit granting authority may impose reasonable conditions, safeguards and limitations on time or use of any special permit granted and shall require that any such special permit granted shall be personal to the applicant, shall not run with land and shall expire upon sale or transfer of the subject property.

E. Expiration. A special permit to conduct an adult entertainment use shall expire after a period of one calendar year from its date of issuance and shall be renewable for successive two-year periods thereafter, provided that a written request for such renewal is made to the special permit granting authority prior to said expiration and that no objection to said renewal is made and sustained by the special permit granting authority based upon the public safety factors applied at the time that the original special permit was granted, and that a site plan is submitted to, and approved by the Planning Board as set forth in Subsection C(12) of this section.

F. Severability. The provisions of this section are severable and, in the event that any provision of this section is determined to be invalid for any reason, the remaining provisions shall remain in full force and effect.

§ 185-35.2 Medical and recreational marijuana.

[Added 5-15-2018 ATM by Art. 18]

A. Purposes.

(1) It is recognized that the nature of the substance cultivated, processed and/or sold by medical marijuana dispensaries and recreational marijuana establishments have unique operational characteristics and should be located in such a way as to ensure the health, safety and general well-being of the public as well as patients and customers seeking the substance. The specific and separate regulation of marijuana uses is necessary to advance these purposes and to minimize adverse impacts on abutters and other parties in interest within the Town of Southwick.

(2) Subject to the provisions of this Zoning Bylaw, Chapter 40A and 94G of the Massachusetts General Laws, 105 CMR 725.000 and 935 CMR 500.00, registered medical marijuana dispensaries, registered recreational marijuana establishments and off-site marijuana dispensaries may be permitted upon issuance of a special permit and site plan approval from the Planning Board to provide for marijuana production and/or distribution that meets or exceeds state regulations as established by the Massachusetts Department of Public Health and the Massachusetts Cannabis Control Commission.

B. Definitions.

OFF-SITE MARIJUANA DISPENSARY (OMD)

A marijuana retailer that is located off-site from an RMMD or an RRME and which serves only to dispense processed marijuana, related supplies and educational materials to registered qualifying patients or their personal caregivers in accordance with the provisions of 105 CMR 725.000 or which serves only to dispense processed recreational marijuana, related supplies and educational materials to customers in accordance 935 CMR 500.00.

REGISTERED MEDICAL MARIJUANA DISPENSARY (RMMD)

A use operated by a not-for-profit entity registered and approved by the Massachusetts Department of Public Health in accordance with 105 CMR 725.000 and pursuant to all other applicable state laws and regulations, also to be known as a medical marijuana treatment center, that may acquire, cultivate, possess, process (including development of related products such as food, tinctures, aerosols, oils, or ointments), test, research, transfer, transport, sell, distribute, dispense and/or administer marijuana, products containing marijuana, related supplies, or educational materials to registered qualifying patients or their personal caregivers. An RMMD shall explicitly include facilities which cultivate and process medical marijuana, and which may also dispense and deliver medical marijuana and related products.

REGISTERED RECREATIONAL MARIJUANA ESTABLISHMENT (RRME)

A use operated by an entity registered and approved by the Massachusetts Cannabis Control Commission in accordance with 935 CMR 500.00 and pursuant to all other applicable state laws and regulations that may acquire, cultivate, possess, process (including development of related products such as food, tinctures, aerosols, oils, or ointments), test, research, transfer, transport, sell, distribute and/or dispense marijuana, products containing marijuana, related supplies or educational materials to customers. An RRME shall explicitly include establishments which cultivate and process recreational marijuana and which may also dispense and deliver recreational marijuana and related products.

C. Prohibited uses. Non-medical "marijuana retailers," as defined in MGL c. 94G, § 1, shall be prohibited within the Town of Southwick.

D. Permitted uses. A registered medical marijuana dispensary (RMMD), registered recreational marijuana establishment (RRME) or off-site marijuana dispensary (OMD) may only be involved in the uses permitted by its definition and not otherwise prohibited herein, and may not include other businesses or services.

E. Permitted locations.

(1) Marijuana cultivation may be permitted in the Agriculture and Conservation District [§ 185-11B(1)] and on a minimum tract of five acres in the succeeding Residential Zone R-40 [§ 185-12A(1)] and Residential Zone R-20 [§ 185-13A(1)].

(2) Registered medical marijuana dispensaries and registered recreational marijuana establishments may be permitted in the Registered Medical and Recreational Marijuana District.

(3) Off-site marijuana dispensaries may be permitted in the Off-site Marijuana Dispensary District.

(4) The Registered Medical and Recreational Marijuana District and the Off-site Marijuana Dispensary District are overlay districts located as shown on a map on file with the Town Clerk of the Town of Southwick identified as the "Marijuana Districts Overlay," dated December 19, 2017.

(5) The above districts will be construed as overlay districts and the regulations of the underlying zoning districts shall remain in effect, except that where the above districts impose additional regulations, such regulations shall prevail.

F. General requirements.

(1) A special permit with site plan approval is required from the Planning Board for all marijuana facilities.

(2) All aspects of the use relative to the acquisition, cultivation, possession, processing, sale, distribution, dispensing, testing, researching or administration of marijuana, products containing marijuana, related supplies, or educational materials must take place at a fixed location.

(3) No outside storage is permitted.

(4) All signage shall be subject to the requirements of 105 CMR 725.000 or 935 CMR 500.00 and the requirements of § 185-29 of the Zoning Bylaws of the Town of Southwick.

(5) Security measures shall be provided in accordance with 105 CMR 725.110 or 935 CMR 500.110, and a copy of the security plan shall be provided to the Southwick Police Department.

G. Specific requirements.

(1) No marijuana dispensary or establishment shall be located within 500 feet of any property line of a public or private elementary or secondary school.

(2) No marijuana dispensary or establishment shall be located within 1,000 feet (to be measured in a straight line from the nearest points on each building or storefront) of another marijuana dispensary or establishment.

(3) No marijuana shall be smoked, eaten or otherwise consumed or ingested on the site of an OMD.

H. Issuance/transfer/discontinuance of use.

(1) Special permits/site plan approvals shall be issued to the marijuana dispensary or marijuana establishment registered entity.

(2) Special permits/site plan approvals shall be issued for a specific site/parcel.

(3) Special permits/site plan approvals shall be transferable to another operator with the approval of the Southwick Planning Board.

(4) Special permits/site plan approvals shall have a term limited to the duration of the applicant's ownership or control of the premises, and shall lapse:

(a) If the permit holder ceases operation, and/or

(b) The permit holder's registration expires or is terminated.

I. Bond. Prior to the issuance of a building permit/occupancy permit for a marijuana related business, the applicant may be required to post with the Town Treasurer a bond or other form of financial security acceptable to said Treasurer in an amount set by the Planning Board. The amount shall be sufficient to cover the costs of the Town securing the facility and removing all materials, plants, equipment and other paraphernalia if the applicant fails to do so. The Building Inspector shall give the applicant 45 days' written notice in advance of taking such action. Should the applicant remove all materials, plants, equipment and other paraphernalia to the satisfaction of the Building Inspector prior to the expiration of the 45 days' written notice, said bond shall be returned to the applicant.

§ 185-36 Environmental performance standards.

Any use permitted by right, by special permit or in any district shall not be conducted in a manner as to emit any dangerous, noxious, injurious or otherwise objectionable fire, explosion, radioactivity or other hazard; noise or vibration; smoke, dust, odor or other form of environmental pollution; electrical or other disturbance; glare; liquid or solid refuse or wastes; conditions conducive to the breeding of insects or rodents; or other substance, conditions or element in an amount as to affect adversely the surrounding environment.

A. In meeting these objectives, the following general standards shall apply:

(1) Emissions shall be completely and effectively confined within the building, or so regulated as to prevent any nuisance, hazard or other disturbance from being perceptible (without the use of instruments) at any lot line of the premises on which the use is located.

(2) All activities and all storage of flammable and explosive materials at any point shall be provided with adequate safety devices against fire and explosion and adequate fire-fighting and fire-suppression devices and equipment as approved by the Chief of the Fire Department.

(3) No emission which can cause any damage or irritation to the health of persons, animals or vegetation or which can cause excessive soiling, at any point, shall be permitted.

(4) No discharge, at any point, into a private sewage system, stream or the ground, of any material in such a way, or of such a nature or temperature as may contaminate any running stream, water supply or otherwise cause the emission of dangerous or objectionable elements and accumulation of wastes conducive to the breeding of rodents or insects, shall be permitted.

(5) No emission of odorous gases or odoriferous matter in such qualities as to be offensive shall be permitted.

(6) No direct or sky-reflected glare, whether from floodlights or from high temperature processes such as welding shall be permitted when it is determined that it will be hazardous or obnoxious.

(7) Activities that emit dangerous radioactivity, at any point, shall be controlled in accordance with all regulations of the Atomic Energy Commission.

(8) No electrical disturbance adversely affecting the operation at any point of any equipment, other than that of the creator of such disturbance, shall be permitted.

(9) Noise and vibration shall not be allowed which causes a disturbance to residents and/or occupants of adjacent properties. No exceptionally loud or distinctive noise shall be allowed between the hours of 10:00 p.m. and 7:00 a.m.

B. In enforcing these standards, the Building Inspector shall call upon specific standards, technical specifications and the technical expertise of such appropriate federal, state or regional agencies having an interest in the specific kind of environmental disturbance under question, including but not limited to the Federal Environmental Protection Agency, the Massachusetts Executive Office for Environmental Affairs, the Massachusetts Department of Natural Resources, the Atomic Energy Commission, the Federal Communications Commission, etc.

C. When reviewing an application for a permit the Building Inspector may require the submission of a statement from an independent authority qualified in addressing a specific type of environmental concern indicating that the proposed structure and/or use will not constitute a detriment to the community with respect to that particular environmental concern.[1]

[1] Editor's Note: Former § 185-36.1, Erosion and Sediment Control for Stormwater Management, added STM 3-16-2009 by Art. 10, as amended ATM 5-18-2021 by Art. 26, which immediately followed this section, was repealed ATM 5-18-2021 by Art. 29. See now Ch. 183, Stormwater Management and Erosion and Sediment Control.

§ 185-37 Site plan review.

A. No building permit shall be issued for any new structure except single-family residence and accessory buildings, agricultural buildings, storage sheds, porches, awnings, pools for single-family use, partitions and similar structures, without first submitting a plan of the proposed work to the Planning Board for site plan review.

B. The contents of the site plan shall be the same as those required for site plan approval for the respective zone in which the work shall be done. Business Zone B site plan contents shall conform to Business Restricted Zone BR site plan requirements. Industrial Zone I site plan contents shall conform to Industrial Restricted Zone IR site plan requirements. Residence Zones R-40 and R-20 and Agriculture and Conservation District AC site plan requirements shall conform to Business Restricted Zone BR site plan requirements.

C. If the Planning Board finds that the use, structures and site improvements are in conformity with the Zoning Bylaws, the site plan will receive the recommendation of the Planning Board.

D. If the Planning Board finds that the use, structures and site improvements are not in conformity with the Zoning Bylaws, or if the use, structures or site improvements will be detrimental to the community, the Planning Board shall modify the plan accordingly.

E. The site plan shall be picked up by the applicant at the next regularly scheduled meeting and submitted to the Building Inspector for his action. No site plan shall be accepted by the Building Inspector that is not clearly stamped "reviewed" and signed by a majority of the members of the Planning Board. The applicant has the sole responsibility for submitting and picking up the site plan. The recommendation of the site plan by the Planning Board shall in no way mandate the issuing of a building permit by the Building Inspector.

§ 185-37.1 Home occupation.

[Added ATM 5-15-2012 by Art. 20]

A. General provisions. A home occupation as defined in § 185-4 is considered an accessory use to a residential property in all zones and districts. Any home occupation shall be conducted in a manner that is not detrimental to the neighborhood nor adversely affects the health and property of abutters.

B. Prohibited home occupation uses. The following uses shall not be considered as home occupations:

(1) Clinic or hospital;

(2) Onsite food sales or service;

(3) Retail or wholesale shop or store;

(4) Animal hospital or kennel;

(5) Bed and breakfast;

(6) Motor vehicle repair or painting facility; and

(7) Welding shop or machine shop.

C. Home occupation – as of right. A home occupation is allowed as of right provided that it:

(1) Does not exhibit any exterior indication of its presence nor alter the residential appearance except for signage in compliance with § 185-29;

(2) Is conducted solely within a dwelling (permanent) or accessory building and solely by the person(s) occupying the dwelling as a primary residence and, in addition to the resident(s) of the premises, by not more than two employees;

(3) Is clearly incidental and subordinate to the use of the premises for residential purposes and does not produce vehicle traffic greater than that associated with a residential use;

(4) Does not create a health or safety hazard nor produce offensive noise, vibration, smoke, dust, odors, heat, lighting, and no electrical interference or environmental pollution;

(5) Does not utilize exterior storage of material or equipment except for one vehicle not to exceed 16,000 lbs. gross vehicle weight rating (GVWR) and one trailer not to exceed 7,000 GVWR for business use;

(6) Provides adequate parking for additional vehicles associated with the home occupation; and

(7) Is registered as a business with the Town Clerk.

D. Any home occupation permit issued prior to the date of the enactment of this section may be continued, but is non-transferable.

§ 185-37.2 Phased growth.

[Added STM 6-6-1996 by Art. 5; amended STM 4-10-2001 by Art. 12; ATM 5-15-2007 by Art. 24]

A. Intent and purpose. The purpose of this section is to ensure that growth occurs in the Town of Southwick in a strategic, orderly and planned manner that allows for the preparation and maintenance of high quality municipal services for an ever-expanding residential population, while at the same time allowing reasonable residential growth during such preparation that does not infringe on the quality of life or municipal services provided for the residents of the Town of Southwick. The citizens of Southwick proudly insist upon high quality and reliable municipal services such as, but not limited to, fire and police protection, educational facilities and programs and available clean water resources. This section establishes a strategic growth rate consistent with recent historical average growth rates for residential development in order to ensure that growth occurs in an orderly and planned manner as it relates to the Town's ability to provide high quality and effective services for its citizens and protect its resources necessary for sustaining the present and future quality of life enjoyed by its citizens.

B. Regulations.

(1) Beginning on the effective date of this section and continuing for five calendar years, no building permit for a new residential dwelling unit or units shall be issued unless in accordance with the regulations of this section, or unless specifically exempted in Subsection E(4), (5), (6) or (7) below.

(2) The regulations of this section shall apply to all definitive subdivision plans, subdivisions not requiring approval, site plan review applications and special permits, including, but not limited to, Flexible Residential Development Districts and residential apartment house special permits which would result in the creation of a new dwelling unit or units. Dwelling units shall be considered as part of a single development for purposes of development scheduling if located either on a single parcel or contiguous parcels of land which have been in the same ownership at any time on or subsequent to the date of adoption of this section.

(3) For all building lots/dwelling units covered under Subsection B(2), the Planning Board is authorized to approve a development schedule for that lot/unit, including the month/year such lot/unit shall be eligible for a building permit.

(4) The request for authorization of a development timetable shall be made on forms provided by the Planning Board. Requests will include any and all information showing eligibility and compliance with these regulations.

C. Planned growth rate.

(1) This section shall take effect beginning on the date of adoption by Town Meeting. Beginning on this date of adoption, the permit granting authority (Planning Board) shall not approve any development schedule which would result in authorization for more than 100 dwelling units over a seven-hundred-thirty-consecutive-day (two-year) period. All authorizations shall apply toward the planned growth rate as established by this section.

(2) Whenever the rate of growth, as measured by a total of development schedule authorizations, plus building permits issued for new dwelling units not part of a development schedule, exceeds a rolling total of 100 additional dwelling units over a seven-hundred-thirty-consecutive-day period, the Building Inspector shall not issue building permits for any additional dwelling unit or units unless such unit or units are exempt from the one-hundred limit. The Planning Board shall have exclusive authority to render all decisions on exemption requests.

(3) If as a result of an applicant seeking approval of a second plan of development on a parcel of land for which authorizations have been previously granted, and the second plan is approved, a new development timetable shall be established. This timetable shall supersede the first development timetable at the time a building permit is issued based on the second plan for any lot lying wholly or partially within the parcel subject to the new development timetable.

(4) The Planning Board, in approving the second plan, shall determine the number of authorizations from the first plan that would be abated based on the second plan's approval. This number shall be used by the Building Inspector in revising authorization schedules due to abatements.

D. Development timetable.

(1) Building permits for new dwelling units shall be authorized only in accordance with the following timetable:

	Number of New Units in Subdivision Development	Dwelling Units Year*
	1-10	Up to 5 per year
	11-20	Up to 10 per year
	21-40	Up to 12 per year
	41+	Up to 15 per year
	*Number of dwelling units in the development for which permits may be authorized each year.

(2) Number of new units in Residential Apartment House Development (R-20-A): between four and 12 dwelling units per year if included in one building pursuant to special permit issued under § 185-14.

E. Requirements.

(1) All definitive subdivisions, Form A approvals, special permits, estate lots and site plan review applications shall include a proposed development timetable by the applicant.

(2) Development timetables.

(a) Development timetables shall be determined by the Planning Board at the time of approval of any such application, using the following format: "The first date of the development timetable shall be (month/year) or such earlier date that may result from intervening abatements." Such timetables shall be included as a condition of approval of the application.

(b) The Building Inspector shall be authorized to issue revised development timetables based solely on abatements approved by the Planning Board.

(c) All development timetables with approved authorization shall be recorded with the application approval decision with the Town Clerk and shall not be calculated into the overall growth rate until so recorded. In order to effectuate the schedule for the purposes of obtaining building permits, the applicant shall record the approval decision with the development timetable at the Registry of Deeds.

(3) In the case of flexible residential subdivision, a development timetable shall be approved by the Planning Board at the time of the definitive subdivision approval.

(4) Definitive subdivision approvals, special permits, estate lots and site plan approvals made prior to the date of adoption of this section shall be exempt from both the planned growth rate and development timetable. The Planning Board shall have exclusive authority to render all decisions on exemption requests.

(5) The use of any tract of land for housing for elderly persons and/or handicapped persons through issuance of a special permit granted pursuant to § 185-15 shall be exempt from the planned growth rate and development timetable. In any such instance issuance of a special permit shall be conditioned upon the recording of a restriction enforceable by the Town to ensure that dwelling units built thereon shall only be used for residences for elderly and/or handicapped persons as defined in said § 185-15. Building permits issued pursuant to such a special permit shall not be counted in computing the applicable growth rate limit.

(6) Any tract of land existing and not held in common ownership with an adjacent tract prior to the adoption of this section shall receive a one-time exemption (one building permit) from the planned growth rate and development timetable for the purpose of constructing a single-family dwelling unit on the parcel so owned. The issuance of a building permit for this purpose shall, however, count toward the growth rate limit of 100 dwelling units per rolling seven-hundred-thirty-consecutive-day period unless such limit has already been reached through approved development timetables and/or issuance of building permits.

(7) An application for a building permit for the enlargement, restoration or reconstruction of a dwelling in existence as of the effective date of this section shall be specifically exempt from the provisions of this section and shall not count toward the growth rate limit.

(8) Building permits issued, but subsequently abandoned pursuant to applicable provisions of the State Building Code, shall not be counted in computing the applicable growth rate limit.

F. Zoning change protection. The protection of zoning changes as granted by Section 6 of Chapter 40A, Massachusetts General Laws shall, in the case of a development whose completion has been constrained by this section, be extended to the maximum time for completion allowed under this section.

G. Severability. The provisions of this section are severable, and if any of its provisions shall be held invalid or unconstitutional by a court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.