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.
[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.
ADDRESS SIGN
AGRICULTURAL AND RECREATIONAL SIGNS
AGRICULTURAL RETAIL USE
AGRICULTURAL USE
AUDIBLE SIGN
AWNING SIGN
BANNER
BARBER POLE
BUILDING SIGN
CANOPY SIGN
CONTRACTOR SIGN
DIRECTIONAL SIGN
DIRECTORY SIGN
DISPLAY AREA
DRIVE-THRU MENU BOARD SIGN
ELECTRONIC VARIABLE MESSAGE SIGN
ERECT
FREE STANDING SIGN
GROUND SIGN
ILLUMINATED SIGN
INSTITUTIONAL USES
MENU BOARD SIGN
MOVABLE SIGN
NEON SIGN
OFF-PREMISES SIGN
ON-PREMISES SIGN
OUT-OF-STORE MARKETING DEVICE
PENNANT/FLAG
POLITICAL SIGN
PORTABLE SIGN
REAL ESTATE DEVELOPMENT SIGN
REAL ESTATE SIGN
RECREATIONAL USE
ROOF SIGN
SEASONAL SIGN
SPECIAL EVENT SIGN
TEMPORARY SIGN
TRAFFIC CONTROL SIGN
WALL SIGN
WAY-FINDING SIGN
WINDOW SIGN
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.
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.
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]
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]
Same definition as contained in Section 140-2 of the Town of Southwick Bylaws for "agriculture."
[Added ATM 5-18-2021 by
Art. 27]
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.
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.
A striped, oftentimes rotating, cylindrical sign used to
identify a hair cutting establishment.
Any sign attached to any part of a building, as contrasted
to a free standing 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.
Any sign limited solely to directing either vehicular or
pedestrian traffic (See Table 4.[4]).
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]).
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.
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]).
To install, construct, reconstruct, replace, alter, relocate
or extend any sign and shall not include sign repair or maintenance.
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.
Any sign artificially illuminated, either internally or externally,
by means of electricity, gas, oil or fluorescent paint.
Uses that include governmental, religious, social, civic
and educational facilities.
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]).
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.
A sign made of shaped glass tubing, illuminated by electrically
charged neon or similar inert gasses.
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.
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.
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]).
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.
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.
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]).
A non-illuminated sign not in excess of 32 square feet used
to identify a subdivision or other development.
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.
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]
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]).
An on-premises sign advertising only agricultural products
or services in season to be sold on the premises (See Table 4.[13]).
A noncommercial promotional sign displayed for special events
which shall meet the specifications of a portable sign (See Table
5.[14]).
A sign for the control of vehicular traffic, such as Stop,
Yield, and similar signs.
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.
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:
(c)
Consideration of whether the proposed sign(s) is:
[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;
(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.
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.
[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.
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.
[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.
COMMON DRIVEWAY
COMPACTED SURFACE
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.
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.
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.
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:
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.
[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."
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.
(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.
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.
(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.
(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.
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.
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.
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.
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.
[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.
[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.
OFF-SITE MARIJUANA DISPENSARY (OMD)
REGISTERED MEDICAL MARIJUANA DISPENSARY (RMMD)
REGISTERED RECREATIONAL MARIJUANA ESTABLISHMENT (RRME)
Definitions.
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.
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.
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.
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.
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.
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.
[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:
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.
[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.
|
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.