In this bylaw the following terms, unless a
contrary meaning is required by the context or is specifically prescribed,
shall have the following meaning. Words used in the present tense
include the future, and the plural includes the singular; the word
"lot" includes the word "plot," the word "building" includes the word
"structure;" the word "shall" is intended to be mandatory; "occupied"
or "used" shall be considered as though followed by the words "or
intended, arranged or designed to be used or occupied." The word "person"
includes a corporation as well as an individual.
A subordinate building located on the same lot with the principal
building or use, the use of which is customarily incidental to that
of the main building or the use of the land.
An architectural or other permanent feature that rises above
the primary roof surface of a building but does not contain any enclosed
habitable space. Examples include parapet wall, skylight, clerestory,
monitor, cupola, roof deck and railing, roof access hatch and/or headhouse,
mechanical equipment, and elevator headhouse.
A use customarily incidental to that of the principal building
or use of the land and located on the same lot as such principal building
or use.
An establishment having as a substantial or significant portion
of its stock-in-trade books, magazines and other matter which is distinguished
or characterized by its emphasis depicting, describing or relating
to sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
Shall refer to the following uses as defined in this bylaw:
"adult bookstore," "adult motion-picture theaters," "adult paraphernalia
store," "adult video store" and "establishments which display live
nudity."
An enclosed building used for presenting material distinguished
by an emphasis on matter depicting, describing or relating to sexual
conduct or sexual excitement as defined by MGL c. 272, § 31.
An establishment having as a substantial or significant portion
of its stock devices, objects, tools or toys which are distinguished
or characterized by their association with sexual activity including
sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
An establishment having a substantial or significant portion
of its stock-in-trade videos, movies or other film material which
is distinguished or characterized by its emphasis depicting, describing
or relating to sexual conduct or sexual excitement as defined by MGL
c. 272, § 31.
Housing units that are affordable to and occupied by individuals
and families whose annual income is less than 80% of the area-wide
median income as determined by the U.S. Department of Housing and
Development while paying no more than 30% of income or meeting other
applicable U.S. Department of Housing and Development or Massachusetts
Department of Housing and Community Development standards. Affordability
shall be assured in perpetuity through the use of an affordable housing
restriction as defined in MGL c. 184, § 31.
Facility for use by and the service of small private craft,
including the incidental sale, storage and repair of such craft.
As applied to a building or structure, a change or rearrangement
in the structural parts or in the exit facilities, or an enlargement
whether by extending on a side or by increasing in height, or the
moving from one location or position to another.
A structure used for the harboring and/or care of more than
three dogs that are more than six months old, whether commercially
operated or not.
A geologic formation, groups of formations or part of a formation
which contains sufficient saturated permeable material to yield significant
quantities of potable groundwater to public or private wells.
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year. The
area may be designated as Zone A, AO, AH, A1-30, AE, A99, VO or V1-30,
VE or V.
The total of areas taken on a horizontal plane at the largest
floor level of the principal building and all accessory buildings
exclusive of uncovered porches, terraces and steps.
The total area within the property lines excluding external
streets.
That flood having a one-percent chance of being equaled or
exceeded in any given year.
A story partly underground but having at least 1/2 of its
clear height above the average level of the adjoining ground.
Any outdoor general advertising sign, whether double-faced,
back-to-back, or V-shaped, that is 600 square feet or larger and serves
as a structure or device to advertise, direct or call attention to
any business, article, substance, or service, or anything that is
painted, printed, pasted or affixed to any building, structure, wall,
fence, pole, railing, natural object or structure of any kind on real
property or upon the ground itself, and that advertises services,
products or commodities that may or may not be available on the premises
on which the billboard is located. An electronic billboard that changes
its message or copy at intervals by programmable electronic, digital
or mechanical processes or remote control shall be included within
the definition of "billboard."
[Added 6-6-2016 ATM by Art. 51]
Any dwelling in which more than two persons not members of
the family residing on the premises, either individually or as families,
are housed or lodged for hire with or without meals. A rooming house
or furnished rooming house shall be deemed a boardinghouse.
Facility for storage of boats for private use and not for
hire.
A structure for the storage of boats for remuneration or
hire, but not including boat or fuel sales or major boat repairs.
A unit of land, together with a specified type and amount
of planting thereon, which shall provide a year-round screen between
buildings and abutters.
That percentage which the building area is of the net site
area.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs, to the deckline of mansard
roofs, and to the mean height between eaves and ridge for gable, hip
and gambrel roofs.
A building completely surrounded by open space on the same
lot.
The line of that face of the building nearest the front line
of the lot. This face includes sun parlors and covered porches, whether
enclosed or unenclosed, but does not include steps.
A building in which is conducted the main or principal use
of the lot on which said building is situated.
The line of that face of the building farthest from the front
line of the lot. This face includes sun parlors and covered porches,
whether enclosed or unenclosed, but does not include steps.
Exposed outside storage of sand, lumber, coal or other bulk
materials, and storage of liquids in tanks except underground as an
accessory use.
Facility for the transaction of business exclusive of the
receipt, retail sale or processing of merchandise.
Premises used for campers, tenting or temporary overnight
facilities of any kind where a fee is charged.
Facilities operated on a seasonal basis for a continuing
supervised recreational, health, educational, religious and/or athletic
program, with persons enrolled for periods of not less than one week.
A story partly underground and having more than 1/2 of its
height below the average level of the adjoining ground.
Premises for the cremation and/or burial of the dead; including
embalming facilities.
Premises or buildings of a nonprofit organization exclusively
servicing members and their guests for recreational, athletic or civic
purposes, but not including any vending stands, merchandising or commercial
activities except as required generally for the membership and purposes
of such club. Does not include golf clubs or sportsmen's clubs elsewhere
defined, or clubs or organizations whose chief activity is a service
customarily carried on as a business.
An option which permits an applicant to build single-family
attached and detached units with reduced lot area and frontage requirements,
so as to create a development in which the buildings and accessory
uses are clustered together into one or more groups with adjacent
common open land.
Premises used by a building contractor or subcontractor for
storage of equipment and supplies, fabrication of subassemblies, and
parking of wheeled equipment.
Naturally occurring vegetation: trees, shrubbery and plant
life.
All provisions of this bylaw that apply to site design, building
design, and landscape design within the Town Center District (TCD).
All land within the Town Center District (TCD) that can feasibly
be developed into residential or mixed-use development.
This does not include:
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations.
The deposit, injection, dumping, spilling, leaking, incineration
or placing of any hazardous material into or on any land or water
so that such hazardous material or any constituent thereof may enter
the environment or be emitted into the air or discharged into any
waters including groundwater.
A service provided by a business that allows customers to
purchase products without leaving their cars.
[Added 6-6-2016 ATM by Art. 50]
A building designed or used exclusively as the living quarters
for one or more families.
Two or more attached dwelling units, each having individual
entrances.
Change in construction or occupancy of a dwelling to accommodate
families in addition to the number by which it was previously occupied.
A dwelling unit having reduced yard, frontage and area requirements
and a provision for open space as conditions of a special permit.
A movable living unit designed for year-round occupancy,
sometimes termed a "trailer home," whether on wheels or on rigid supports.
A structure occupied by three or more families living independently
of each other.
A detached building occupied by a single family and having
no party wall or walls in common with an adjacent structure.
A detached building designed for two families.
A single unit providing complete independent living facilities
for one family, including permanent provisions for living, sleeping,
eating, cooking and sanitation.
Extraction of sand, gravel, topsoil, or other earth for sale
or for use at a site removed from the place of extraction, exclusive
of the grading of a lot preparatory to the construction of a building
for which a building permit has been issued, or the grading of streets
in accordance with an approved definitive plan.
To build, construct, reconstruct, move upon or conduct any
physical development on the premises required for a building. To excavate,
fill, drain and the like preparation for building shall also be considered
to "erect."
Any establishment which provides live entertainment for its
patrons, which includes the display of nudity as defined in MGL c.
272, § 31.
Any number of individuals living and cooking together on
the premises as a single housekeeping unit.
Premises used for gain in the raising of fur-bearing animals.
Premises used for gain in the raising of stock other than
poultry, pigs or fur-bearing animals.
Premises used for gain in the raising of pigs.
Premises used for gain in the production of poultry and eggs,
having more than 10 poultry.
Administers the National Flood Insurance Program. FEMA provides
a nationwide flood hazard area mapping study program for communities
as well as regulatory standards for development in the flood hazard
areas.
Any area of land, including structure thereon, that is used
for the supply of gasoline or oil or other vehicle fuel and which
may include facilities used or designed to be used for polishing,
greasing, washing, spraying or otherwise cleaning or servicing such
motor vehicles. Such use shall not include bodywork or the painting
of vehicles or other than minor repair work.
An official map of a community issued by FEMA where the boundaries
of the flood, mudslide (i.e., mudflow) related erosion areas having
special hazards have been designated as Zones A, M and/or E.
An examination, evaluation and determination of flood hazards
and, if appropriate, corresponding water surface elevations, or an
examination, evaluation and determination of mudslide (i.e., mudflow)
and/or flood-related erosion hazards.
See "regulatory floodway."
The total floor area of a building or buildings upon the
same lot, including all floors but excluding the cellar.
The usable or leasable floor area of a building, excluding
halls, stairways, vents, elevator shafts, mechanical equipment rooms,
inner courts, attached garages, porches, balconies, basement or attic
storage areas, and other common space or uninhabitable space.
A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water. The term includes
only docking facilities, port facilities that are necessary for the
loading and unloading of cargo or passengers, and shipbuilding and
ship repair facilities, but does not include long-term storage or
related manufacturing facilities.
Facility for the conduct of funerals and related activities
such as embalming.
Premises used for hunting for a fee.
An unlighted area of at least 30 acres, with nine or more
standard holes and customary accessory buildings.
All the water beneath the surface of the ground.
A dwelling of single-family character in which not more than
four individual rooms are offered for rent, for the primary purpose
of furnishing overnight lodging to tourists.
A detached or semidetached building located upon the same
lot with a one-family dwelling, containing not more than 250 square
feet and not containing cooking facilities, the use of said building
being limited to the entertainment of relatives and friends without
fee or other costs.
Any substance or combination of substances, not including
any liquid petroleum product, that, because of quantity, concentration
or physical, chemical or infectious characteristics, poses a significant
present or potential hazard to water supplies or to human health if
disposed of into or on any land or water in this Town. Any substance
deemed a "hazardous waste" in MGL c. 21C, shall also be deemed a hazardous
material for purpose of this bylaw.
An occupation or a profession which: a) is customarily carried
on in a dwelling unit or in a building or other structure accessory
to a dwelling unit; and b) is carried on by a member of the family
residing in the dwelling unit; and c) is clearly incidental to the
use of the dwelling unit for residential purposes.
A corporation or trust owned or to be owned by the owner
of lots or residential units within a tract approved for cluster development,
which holds the title to open land and which is responsible for the
costs and maintenance of said open land and any other facilities to
be held in common.
Facility for the care and treatment of patients, as licensed
by the Massachusetts Department of Public Health.
Premises used as individual sleeping or dwelling units without
kitchens, with primary access to each unit through enclosed corridors.
Impenetrable by water.
A building or structure used for industry.
[Amended 6-6-2022 ATM by Art. 29]
Fabrication, assembly, finishing, packaging, processing,
warehousing, distribution, office or research such that the following
criteria are met: a) no noise, vibration or flashing is normally perceptible
above street noise without instruments at any point more than 350
feet from the premises; b) smoke density does not exceed No. 2 of
the Ringelmann Scale for more than 10% of the time and at no time
exceeds No. 3 on that scale; c) all cinders, dust, fumes, gases, odors
and electromagnetic interference is effectively confined to the premises.
[Amended 6-6-2022 ATM by Art. 29]
A commercial development of one or more buildings that may
be located on two or more contiguous lots and is sited and designed
as a unit.
Any article or material or collection thereof which is worn
out, cast off, discarded or which is ready for destruction or has
been collected or stored for salvage or conversion. Any article or
material which, unaltered or unchanged and without further reconditioning,
can be used for its original purpose as readily as when new shall
not be considered junk. The outdoor display or storage of two or more
unregistered or inoperable automobiles shall be considered junk.
The use of any area of any lot, whether inside or outside
a building, for the storage, keeping or abandonment of junk, or scrap
or discarded materials, or the dismantling, demolition or abandonment
of automobile(s) or other vehicle(s) or machinery or parts thereof.
Unoccupied space open to the sky on the same lot with a building,
free of all structures, parking, pavement or other uses that preclude
landscaping, maintained with grass or other planted material.
Waste materials, including solid wastes, sewage, sludge and
agricultural wastes, that are capable of releasing waterborne contaminants
to the surrounding environment.
A structure used by a single household both as a dwelling
unit and as a work space, as defined herein, where such work space
occupies at least 50% of the unit’s total floor area. The unit
may be designed as a “liveabove” with the work space on
the ground level and the living space above or it may be designed
as a “live beside” with the work space and the living
space on the same level but adequately separated. The living space
of a live-work unit shall contain a kitchen area and sanitary facilities.
A continuous parcel of land meeting the minimum lot requirements
of this bylaw for the district in which such land is situated, and
if occupied by a building or buildings, meeting the minimum yard requirements
of that district, and having the required frontage on a street or
on such other means of access as may be determined in accordance with
the provisions of the law to be adequate as a condition of the issuance
of a building permit.
A lot which has an interior angle of less than 135° at
the intersection of two street lines. A lot abutting a curbed street
shall be considered a corner lot if the tangents to the curb at the
points of the intersection of the side lot lines intersect at an interior
angle of less than 135°.
The lines bounding a lot as defined herein.
The mean distance from the street line of the lot to its
opposite rear line measured in the general direction of the side lines
of the lot.
That portion of a lot fronting upon a street or public way,
to be measured continuously along one street line between its side
lot lines and the intersection with the street line.
The diameter of the largest circle that can be inscribed
within the side lot lines at every point on a continuous line from
the frontage of the lot to the front line of the principal building
of the lot.
[Amended 6-1-2015 ATM by Art. 61]
The lowest floor of the lowest enclosure (including basement
or cellar). An unfinished or flood-resistant enclosure, usable solely
for parking of vehicles, building access or storage in an area other
than a basement area is not considered a building's lowest floor.
The development of a tract of land, building, or structure
with two or more different uses such as, but not limited to, residential,
office, retail, institutional, entertainment, in a compact village
form with vehicular access to an accepted public way.
Two or more buildings on one lot which provide retail/commercial
or service uses in building(s) facing the street and residential or
office uses above the ground floor or in separate building(s) behind
or to the side.
A single building in which the ground floor facing the street
is used primarily for retail/commercial or service uses, and other
ground floor and upper floor space used for residential or office
uses.
Within the Town Center District (TCD), the development of
a tract of land, building, or structure with two or more different
uses such as, but not limited to, residential, office, retail, institutional,
and entertainment, in a compact village form. A proposed mixed use
infill development shall have no minimum area requirements other than
those imposed by dimensional requirements of the Plainville Zoning
Bylaws but shall occur only on parcels of land less than five acres
in size. The proposed mixed use infill development shall demonstrate
that the project shall be served by town water and sewer service upon
completion of the proposed development.
A movable structure designed for year-round occupancy used
for office or other nonresidential activity.
Premises used as individual sleeping or dwelling units without
kitchens, with primary access from each unit directly outdoors. The
building or group of buildings may be either detached or in connected
units. The term "motel" includes buildings designated as "tourist
courts," "motor lodges," "cabins" and by similar appellations.
Premises principally used for body repairs and/or painting.
Premises for the general repair of vehicles, including light
service and minor body repairs and painting, but not to include premises
primarily engaged in body repairs and/or painting.
Premises used for the storage, dismantling, collection and/or
sale of parts from inoperative vehicles.
Premises with first and/or second class license for new and/or
used auto sales or for auto rentals or similar establishments for
boat or for implement sales. Includes incidental service facilities.
Premises used for any operation by the Town government, except
as elsewhere more specifically defined.
A building or land lawfully occupied at the time of adoption
of this bylaw by a use that does not conform to the adopted regulations
of the district in which it is situated.
Premises used for the propagation of trees, shrubs, vines,
flowers or other plants for transplanting, stock for grafting, or
for cut flowers.
An accessory use whose products are not for sale at either
retail or wholesale.
Premises for the care of three or more persons, as licensed
by the Massachusetts Department of Public Health.
A permit issued by the Building Inspector authorizing the
occupancy and the use of land and/or structures and buildings.
See "base flood."
Open space within a cluster, prohibited from development.
The portion of a lot that is not covered with structures,
access roads or driveways, sidewalks, patios, off-street parking or
any other material placed on or above the earth which substantially
reduces or prevents the natural percolation of water. The open space
shall be suitably landscaped with noninvasive, drought-resistant plantings,
which may include trees, flowers, shrubs, succulents or ornamental
or other grasses.
A set of zoning requirements that are described in the bylaw
text, mapped and imposed in addition to those of the underlying district.
Parking on the same lot as the principal use, to service
that use only.
Parking for the use of employees, customers or visitors of
any nonresidential activity, when not located on the same lot as the
activity it serves, including the parking of up to three commercial
vehicles.
Accessory parking, not including parking of more than one
commercial vehicle, for vehicles of over two-ton load capacity, or
of more than one vehicle for fee.
Parking of noncommercial vehicles for fee, whether enclosed
or not.
An endowed or charitably-supported nonprofit religious or
nonsectarian activity maintained for public or semipublic use.
Part of a structure having a roof and floor, either with
or without enclosing walls or windows.
A wheeled or movable vehicle or fixture, its primary intent
being relocation from one place to another with a varying message
display. A so-called "rent-a-sign."
Premises used for reproduction services, including commercial
printers, periodical printing, blueprinting, composition, and binding.
Open space that is accessible to and available to the public
on a regular basis, whether owned by the Town of Plainville or other
public or private entity.
Utility licensed by the Department of Public Utilities.
[Amended 6-1-2015 ATM by Art. 62]
An area used for bulk storage, exposed equipment, or truck
parking.
Premises used for the commercial transmission of radio or
television, not including studios.
Any area of porous, permeable geologic deposits, especially,
but not exclusively, deposits of stratified sand and gravel, through
which water from any source drains into an aquifer, and includes any
wetland or body of surface water surrounded by or adjacent to such
area, together with the watershed of any wetlands or body of surface
water adjacent to such area.
Theater, bowling alley or other commercial recreation or
entertainment carried on wholly in an enclosed building.
Drive-in theater, golf, driving range, bathing beach or other
commercial recreation carried on in whole or in part outdoors, except
those activities more specifically designated elsewhere in this bylaw.
Recreation facilities accessory to and on the same lot as
a principal building.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation.
Premises used primarily for worship.
Establishment for the sale of prepared food for consumption
on the premises, either indoors out of sight of any public way, or
for consumption in the home.
Establishment serving food to persons outside of any building
and within sight of a public way.
Premises used for the retail sale of goods for personal or
household use, with storage or processing occupying not more than
50% of the gross floor area, and also premises used for personal business
or household services. Does not include retail businesses elsewhere
defined.
A structure of a semipermanent or temporary type located
in a district in which agricultural uses are allowed, from which raw
produce, the major portion of which is grown on the premises, is offered
for sale to the public.
A facility designed to provide daytime care or instruction
for two or more children from two to five years of age, inclusive,
and operated on a regular basis.
An educational institution which is religious, sectarian,
denominational or public.
An educational facility other than a nursery school or those
covered by MGL c. 40A, § 2.
A building or group of buildings containing separate, individual,
and private storage spaces of varying sizes available for lease or
rent for varying periods of time.
[Added 6-6-2022 ATM by
Art. 29]
Any structure or part thereof attached thereto or painted
or represented thereon, which shall display or include any letter,
word, model, banner, flag, pennant, insignia, device or representation
used as or which is in the nature of an announcement, direction or
advertisement. The word "sign" includes the word "billboard" but does
not include the flag, pennant or insignia of any nation, state or
other political unit or of any political, educational, charitable,
philanthropic, civic, professional, religious or like campaign, drive,
movement or event.
The area of a freestanding sign shall be considered to include
all lettering, wording and accompanying designs and symbols, together
with the background, whether open or enclosed, on which they are displayed.
The supporting framework, open or enclosed, may be part of the design,
but for the purpose of this bylaw shall not be considered part of
the sign area unless used for lettering, wording or symbols. When
the sign consists of individual letters or symbols attached to or
painted on a surface, building wall or window, the area shall be considered
to be that of the smallest rectangular or other regular shape which
encompasses all of the letters and symbols.
Discarded solid materials with insufficient liquid content
to be free-flowing, including, for example, rubbish, garbage, scrap
materials, junk, refuse, inert fill material and landscape refuse.
An area having special flood, mudslide (i.e., mudflow) and/or
flood-related erosion hazards, and shown on an FHBM or FIRM as Zone
A, AO, A1-30, AE, A99, AH and E.
A club whose primary purposes are conservation, hunting or
fishing.
An accessory building in which horses are kept for private
use and not for hire, remuneration or sale.
A building in which horses are kept for remuneration, hire
or sale.
A way other than a private way which affords the principal
means of access to abutting properties.
The line between the lot and the street layout.
Anything constructed or erected, the use of which requires
location on the ground or attachment to something located on the ground,
except a boundary wall or fence.
For floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank, that is principally above
ground, as well as a manufactured home.
Land within the Town Center District (TCD) that is currently
used for commercial, industrial, institutional, or governmental use,
or for residential use consistent with the densities allowable as-of-right
under the underlying zoning, and which does not qualify as underutilized
land.
An establishment whose principal business activity, either
in terms of operation or as held out to the public, is the practice
of one or more of the following: placing of designs, letters, figures,
symbols or other marks upon or under the skin of any person, using
ink or other substances that result in permanent coloration or alteration
of the skin by means of use of needles or other instruments designed
to contact or puncture the skin; creation of an opening in the body
of a person for the purpose of inserting jewelry or other decoration.
Any signboard, A-frame, placard or similar message-bearing
device not permanently fixed in position and intended for a limited
period of display commonly less than 60 days. The words "temporary
sign" include the words "sign" and "portable sign."
An accessory tent or construction shanty to be used for less
than one year.
A mobile dwelling or other mobile structure.
Premises with prepared sites used for the placement of mobile
dwellings for nontransient use.
Premises for parking and/or servicing of more than three
commercial vehicles or any number of over two-ton load capacity. Premises
used for motor vehicle, boat, and farm implement sales or rental shall
not be considered transportation terminals.
[Amended 6-6-2016 ATM by Art. 45]
Developable land within the Town Center District (TCD) that
would otherwise qualify as substantially developed land, but which
contains land and/or buildings that are currently underutilized and
may potentially be recycled or converted into residential or mixed
use development. Part or all of a parcel of land may be deemed “underutilized”
if it is no longer necessary to support the current use, based on
factors including current and projected employment levels, vacancy
rates, and parking demand.
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
A large building where raw materials or manufactured goods
may be stored before their export or distribution for sale.
[Added 6-6-2022 ATM by
Art. 29]
A business that sells goods in large quantities at low prices
to be retailed by others. This also includes wholesale clubs (also
known as warehouse clubs) that sell general merchandise with little
service at low prices, and sell generally only to club members.
[Added 6-6-2022 ATM by
Art. 29]
Area characterized by vegetation described in MGL c. 131,
§ 40.
An area within a live-work unit that is designed or equipped
exclusively or principally for the conduct of work activities and
is to be regularly used for such work activities by one or more occupants
of the unit.
[Added 6-6-2022 ATM by Art. 31]
A.
Purpose: to establish criteria for the establishment of firearm business
uses in the Town to address public safety concerns arising from the
operations of such businesses and the potential disruption of peace
and quiet enjoyment of the community. This section provides for separation
between firearm business uses and certain uses enumerated herein to
maximize the protection of public health, safety, and welfare in conjunction
with the protections from MGL c. 140, § 122-131Y, and other
state laws and regulations. To the extent this section or any related
section can be read to potentially conflict with MGL c. 140 or other
state laws or regulations, the section shall be interpreted to minimize
any conflict with state laws or regulations while maximizing the furtherance
of the public safety and other public purposes underlying this section.
B.
AMMUNITION
FIREARM
FIREARM ACCESSORY
FIREARM BUSINESS
(1)
(2)
SHOOTING RANGE
Definitions.
As defined or amended by state statute or regulations, cartridges
or cartridge cases, primers (igniters), bullets, tear gas cartridges,
or propellant powder designed for use in any firearm.
Any device designed or modified to be used as a weapon capable
of firing a projectile using an explosive charge as a propellant,
including but not limited to: guns, pistols, shotguns, rifles.
Any device designed, modified or adapted to be inserted into
or affixed onto any firearm to enable, alter or improve the functioning
or capabilities of the firearm or to enable the wearing or carrying
about one's person of a firearm.
FIREARM DEALERA retail or wholesale operation involving the purchase or sale of firearms, ammunition, and/or firearm accessories.
GUNSMITHAny retail operation involving the repairing, altering, cleaning, polishing, engraving, blueing or performing of any mechanical operation on any firearm.
A specialized facility designed specifically for firearm
usage, qualifications, training, practice or competition. Shooting
ranges can be operated by military or law enforcement agencies, be
privately owned by civilians or sporting clubs, or be operated by
a firearm business.
C.
Firearm business uses not allowed as-of-right.
(2)
Firearm business uses are not included within the definitions of retail sales or services, manufacturing, or any other lawful business permitted as of right or by special permit contained in other sections of this Zoning Bylaw. The use of land, buildings or structures for a firearm business use shall be allowed only by special permit in the districts specified in Plainville General Code Chapter 500 Attachment 2, Town of Plainville Use Regulation Schedule (§ 500-19 of the Zoning Bylaw), subject to the requirements and criteria of this § 500-42.1.
(3)
A firearms shooting range shall be allowed only by special permit in the districts specified in Plainville General Code Chapter 500 Attachment 2, Town of Plainville Use Regulation Schedule (§ 500-19 of the Zoning Bylaw), subject to the requirements and criteria of this § 500-42.1. Outdoor shooting ranges are allowed in the IA Zone only, subject to special permit approval. All shooting ranges shall also comply with the location, operational and other requirements set forth for firearm business uses in § 500-42.1.
D.
Location requirements.
(1)
All distances in this section shall be measured in a straight line
from the property line of the lot containing the proposed firearm
business use to the nearest property line of any of the designated
uses set forth herein:
(a)
Firearm business uses shall not be located within a radius of
150 feet from any property containing a residential use.
(b)
Firearm business uses shall not be located within 1,000 feet
of any private or public K-12 school.
(c)
Firearm business uses shall not be located within 500 feet of
any day-care center, preschool, child-care facility, or an existing
firearm business use at another location, whether such firearm business
use is located within or without the Town's boundaries.
(2)
No firearm business use shall be located within a building containing
a dwelling unit.
E.
Operational requirements.
(1)
Firearm business uses shall obtain and maintain all necessary federal,
state and other required local approvals and licenses prior to beginning
operations, including, but not limited to, a valid, current state
license issued pursuant to MGL c. 140, § 122, as applicable.
Required state and federal licenses must be obtained before applying
for a special permit. Firearm business uses shall comply with all
applicable federal, state and local laws and regulations in the operation
of their business.
(2)
The hours of operation for a firearm business use shall not adversely
impact nearby uses. The hours of operation shall follow all state
statutory and regulatory requirements, but in no case shall any firearm
business use be open before 10:00 a.m. or remain open after 5:00 p.m.
(3)
As part of the special permit application, all firearm business uses
shall submit a security plan to the Plainville Police Department for
review and approval. Review and approval of the security plan may
include an inspection of the proposed site by the Police Department.
The plan must include, but not be limited to, the following:
(a)
Proposed provisions for security.
(b)
A trained employee shall check identification and compliance
with age restrictions prior to customers entering the establishment.
(c)
The physical layout of the interior, including a demonstration
that the size of the store is not so excessive so as to create issues
with site security and video monitoring.
(d)
After-hours storage of all firearms in locked containers or
by otherwise securing the firearms with tamper-resistant mechanical
locks.
(e)
The number of employees.
(4)
As part of the special permit application, all firearm business uses
shall submit an operations and management plan to the Plainville Police
Department for review and approval.
(5)
All firearm business uses shall conduct criminal background checks
for all employees in accordance with state law.
(6)
No persons under the age of 18 shall have access into or within a
firearms business use, with the sole exception that minors age 14
and older may access a firearms dealer accompanied by the minor's
parent or legal guardian.
(7)
Firearms dealers shall videotape the point of sale of all firearms
transactions and maintain videos for three years to deter illegal
purchases and monitor employees.
F.
Special permit application and procedure. In addition to the procedural, operational and application requirements of §§ 500-20 and 500-42.1E, an application for special permit for a firearm business use shall include, at a minimum, the following information:
(1)
Description of activities: a narrative providing information about
the type and scale of all activities that will take place on the proposed
site.
(2)
Lighting analysis: a lighting plan showing the location of proposed
lights on the building and the lot and a photometric plan showing
the lighting levels.
(3)
Context map: a map depicting all properties and land uses within a minimum 1,000-foot radius of the proposed lot. The context map shall include the measured distance to all uses described in § 500-42.1D(1) above, and shall be certified by a design professional such as an architect, engineer or land surveyor if requested by the SPGA.
(4)
Description of ownership, management, and employees. The following
information shall be submitted to the SPGA:
(a)
The name and address of the legal owner of the establishment.
(b)
The name and address of all persons having any legal, beneficial,
equitable, or security interests in the establishment.
(c)
In the event that a corporation, partnership, trust or other
entity is listed, the name and address of every person who is an officer,
shareholder, member, manager, or trustee of the entity must be listed.
(d)
The name, address, phone number and email address of the manager(s)
and assistant manager(s).
(5)
A comprehensive signage plan.
(6)
A report from Police Department confirming that the applicant has
submitted the plans requiring approval by the Department, and that
those plans have been approved, along with any additional information
requested by the SPGA, or that the Department feels is relevant to
the special permit application.
G.
Special permit criteria. In granting a special permit for a firearm
business use, in addition to finding that the general criteria for
issuance of a special permit are met, the SPGA shall find that the
following criteria are met:
(1)
The lot is designed such that it provides convenient, safe and secure
access and egress for clients and employees arriving to, and leaving
from, the lot.
(2)
The establishment will have adequate and safe storage, security,
and lighting.
(3)
Loading, refuse and service areas are designed to be secure and shielded
from abutting uses.
(4)
The establishment is designed to minimize any adverse impacts on
abutters or pedestrians.
H.
Waivers.
(1)
Waivers from the requirements of this section may be requested in
writing to the SPGA. A waiver may be granted by the SPGA if it determines
that:
(2)
The SPGA may impose any conditions, safeguards and other limitations
on a waiver when it deems it appropriate to protect the public health,
public safety or the environment.
I.
Severability. If any portion of this section is ruled invalid, such
ruling will not affect the validity of the remainder of the section.
