ACCESSORY STRUCTURE: A structure located on the same lot with
the main building, detached or attached, and customarily incidental
and subordinate to the use of the main building.
| |||
ACCESSORY USE: A use that is customarily incidental and subordinate
to that of the main building or use of land and that is located on
the same lot and under the same ownership in all respects.
| |||
ADULT USES. The following terms are associated with Adult
Uses. Refer to Section XXIII.
| |||
ADULT ENTERTAINMENT USES SHALL INCLUDE THE FOLLOWING
USES:
| |||
ADULT BOOKSTORE: An establishment having as a substantial
or significant portion of its stock-in-trade books, magazines, periodicals,
pictures and other matter which are distinguished or characterized
by their emphasis depicting, describing, or relating to sexual conduct
or sexual excitement.
| |||
ADULT CABARET: A nightclub, bar, restaurant, tavern,
dance hall, or similar commercial establishment which features:
| |||
(1) Persons who appear in a state of nudity; or
| |||
(2) Live performances which are characterized by
an emphasis on depicting anatomical areas specified as less than completely
and opaquely covered human genitals, pubic region, buttock and female
breast below a point immediately above the top of the areola, and
human genitals in a state of sexual arousal, or relating to sexual
conduct or sexual excitement; or
| |||
(3) Motion pictures, films, video cassettes, cable
television, slides, DVDs or other photographic reproductions which
are characterized by the depiction or description of anatomical areas,
specified as above, or relating to sexual conduct or sexual excitement.
| |||
ADULT MOTION-PICTURE THEATER: An enclosed building
or outdoor venue used for public uses, for presenting substantial
or significant portion of material (motion pictures, films, cassettes,
cable television, slides, DVDs or any other such visual or electronic
media) distinguished by an emphasis on matter depicting, describing,
or relating to sexual conduct or sexual excitement.
| |||
ADULT PARAPHERNALIA STORE: An establishment having
as a substantial or significant portion of its stock in devices, objects,
tools, toys, or electronic media which are distinguished or characterized
by their association with sexual activity, including sexual intercourse,
sexual conduct or sexual excitement.
| |||
ADULT VIDEO STORE: An establishment having a substantial
or significant portion of its stock-in-trade (for sale or rent) motion
pictures, films, video cassettes, DVDs and other film material or
similar audio/visual and electronic media which are distinguished
or characterized by their emphasis depicting, describing, or relating
to sexual conduct or sexual excitement.
| |||
ESTABLISHMENT WHICH DISPLAYS LIVE NUDITY FOR ITS
PATRONS: An establishment which provides live entertainment for its
patrons that includes persons in the state of nudity or live performances
which are characterized by an emphasis on depicting anatomical areas,
specified as less than completely and opaquely covered human genitals,
pubic region, buttock and female breast below a point immediately
above the top of the areola, and human genitals in a state of sexual
arousal, or relating to sexual conduct or sexual excitement.
| |||
SUBSTANTIAL OR SIGNIFICANT PORTION OF STOCK: For
purposes herein, "substantial or significant portion of stock" shall
mean an amount of stock-in-trade or sales of books, magazines, videos,
peep show booths or other visual or audio material which is greater
than 10% of the entire stock or sales.
| |||
AQUIFER PROTECTION. The following terms are associated
with Aquifer Protection. Refer to Section XII.
| |||
AQUIFER: Geologic formations composed of rock or
sand and gravel that contain significant amounts of potentially recoverable
potable water.
| |||
AQUIFER PROTECTION DISTRICT: This shall be the area
referred to as the "Original Callahan Aquifer District," the "Expanded
Callahan Aquifer District," and the "Original Mt. Warner Aquifer District"
as defined by the Zone II delineations for the Mt. Warner wells (01,02)
and the Callahan wells (03,04). The Aquifer Protection District is
delineated as an overlay district on the Town of Hadley Zoning Map.
| |||
GROUNDWATER: All the water found beneath the surface
of the ground.
| |||
HAZARDOUS WASTE: A waste which is hazardous to human
health or the environment. Hazardous wastes have been designated by
the U.S. Environmental Protection Agency under 40 CFR 250 and the
regulations of the Massachusetts Hazardous Waste Management Act, MGL
c. 21C.
| |||
IMPERVIOUS SURFACES: Materials or structures on
or above the ground that do not allow precipitation to infiltrate
the underlying soil.
| |||
LEACHABLE WASTES: Waste materials, including solid
wastes, sludge and pesticide and fertilizer wastes, capable of releasing
waterborne contaminants to the environment.
| |||
PRIMARY AQUIFER RECHARGE AREA: Areas which are underlain
by surficial geologic deposits, including glaciofluvial or lacustrine
stratified drift deposits or alluvium or swamp deposits, and in which
the prevailing direction of groundwater flow is toward the area of
influence of water supply wells.
| |||
AUTO-RELATED USES. The following terms relate to automobile
services and sales.
| |||
AUTOMOBILE REPAIR SHOP: An establishment, garage
or work areas enclosed within a building for the servicing and repair
of motor vehicles, but not including (1) installing new parts or accessories
that are not replacements for existing parts or accessories (e.g.,
customizing), or (2) towing or storing a motor vehicle, or (3) storage
of vehicles for the cannibalization of vehicle parts, or (4) fuel
sales, or (5) indoor or outdoor sale and rental of motor vehicles,
box truck, cargo van, motorcycle, trailer, all-terrain vehicle, snowmobile,
boat or personal water craft.
| |||
AUTOMOBILE SALES, NEW: A franchised retail automobile
dealership that is primarily housed in a structure and characterized
by a mixture of secondary supporting uses; however, the principal
use of the site shall be the marketing and display of new automobiles,
whether by sale, rental, lease or other commercial or financial means.
Secondary supporting uses may include an inventory of vehicles for
sale or lease either on-site or at a nearby location of new or used
automobiles in operating condition, and on-site facilities for the
repair and service of automobiles previously sold, rented, or leased
by the dealership as defined under "automobile repair" and "automobile
service." No abandoned vehicles shall be stored on the premises.
| |||
AUTOMOBILE SALES, USED: A retail business which
sells operable, used automobiles that pass state vehicle inspection
requirements upon display in the open for sale or trade. Secondary
supporting uses may include the service of automobiles previously
sold or traded as defined under "automobile service." No "automobile
repair" or "scrap operation" activities may occur on-site and no abandoned
vehicles shall be stored on the premises.
| |||
AUTOMOBILE SERVICE STATION: Any building, structure,
or area of land used for the retail sale of automobile fuels, oils,
and accessories, where repair service, if any, is incidental; excluding
storage of abandoned motor vehicles on the premises. May include the
sale of propane or kerosene as accessory uses.
| |||
BUILDING-RELATED TERMS. The following terms relate to
buildings.
| |||
BUILDING: A combination of any materials, whether
portable or fixed, having a roof, to form a structure for shelter
of persons, animals or property. For this definition, "roof" shall
include an awning or any similar covering whether or not permanent
in nature. The word "building" shall be construed where the context
requires as though followed by the words "or part or parts, thereof."
| |||
BUILDING AREA: The ground area enclosed by the walls
of a building together with the area of all covered porches and other
roofed portions.
| |||
BUILDING HEIGHT: The vertical distance measured
from the established grade in business or industry districts, or from
the natural grade in residence districts if higher than the established
grade or if no grade has been established, to the level of the highest
point of the roof beams in the case of flat roofs or roofs inclining
not more than one inch to the foot, and to the highest ridge in the
case of other roofs. Where the lot faces on two or more streets the
"established grade" is the average level of the grade on that street
frontage where the average grade is highest. Where the lot faces one
street of varying grades, the average of the grades on the street
frontage shall be the "established grade."
| |||
STORY: A "story" is that portion of a building between
a floor and the ceiling next above it.
| |||
STORY, HALF: The space used for residence purposes
above the highest full story provided the roof plate is not higher
than four feet above the floor. An "attic" is the space between the
top story and a pitched roof.
| |||
BED-AND-BREAKFAST-RELATED TERMS. Refer to Section XXII.
| |||
BED-AND-BREAKFAST ESTABLISHMENT: A private owner-occupied
and owner-operated house where four to six bed-and-breakfast units
are let and a breakfast is included in the rent and all accommodations
are reserved in advance.
| |||
BED-AND-BREAKFAST FACILITY: A private owner-occupied
and owner-operated house which is either a bed-and-breakfast establishment
or a bed-and-breakfast home and which is not a hotel, a lodging house,
or a motel as defined herein.
| |||
BED-AND-BREAKFAST HOME: A private owner-occupied
and owner-operated house where three or fewer bed-and-breakfast units
are let and a breakfast is included in the rent and all accommodations
are reserved in advance.
| |||
BED-AND-BREAKFAST UNIT: A rental guest unit in a
bed-and-breakfast home or bed-and-breakfast establishment consisting
of one bedroom (and an adjoining bathroom, if available) providing
sleeping facilities for up to two adults (and one related child under
the age of 18).
| |||
HOTEL: A building intended and designed primarily
for overnight occupancy, divided into separate units within the same
building, with or without public dining facilities, with access to
units primarily from interior lobbies, courts, or halls. (See also,
"motel.")
| |||
LODGING HOUSE: A house where lodgings are let to
four or more persons not within the second degree of kindred to the
person conducting it, licensed or required to be licensed under MGL
c. 140, § 23.
| |||
MOTEL: A building intended and designed primarily
for overnight occupancy, divided into separate units within the same
building, with or without public dining facilities, and characterized
by direct access to every unit from an automobile, parking spaces
or facility. (See also, "hotel.")
| |||
BUILDING INSPECTOR: The administrative chief of the Building
Department, meeting the minimum qualifications in MGL c. 143, § 3,
and certified in accordance with 780 CMR R7, with responsibility for
administering and enforcing 780 CMR in the Town of Hadley.
| |||
BUILDING PERMIT: A building permit is a required approval of
a project by the Town's Building Inspector that is consistent with
the local, state and federal building codes. In addition, the permit
must meet the criteria set forth in this bylaw.
| |||
CHILD-CARE FACILITY: As defined in MGL c. 15D, § 1A.
| |||
CLUB: An association of persons which is the owner, lessee or
occupant of an establishment operated solely for a recreational, social,
fraternal, religious, political, or athletic purpose, whose activities
are confined to the members and guests and are not generally extended
to the general public and includes the establishment so operated.
| |||
DEVELOPABLE FARMLAND: See § 17.2.
| |||
DWELLING- AND RESIDENCE-RELATED TERMS. The following terms
relate to dwellings and types of dwellings. (See also, "Senior-Housing-Related
Terms.")
| |||
DWELLING, DETACHED ONE-FAMILY: A dwelling other
than a mobile home, singly and apart from any other building, designed
or intended or used exclusively as the residence of one family.
| |||
DWELLING, MULTIFAMILY: A building designed or intended
or used as the residence of three or more families, each occupying
a separate dwelling unit and living independently of each other, and
who may have a common right in halls and stairways; with the number
of families in residence not exceeding the number of dwelling units
provided.
| |||
DWELLING, TWO-FAMILY: A detached residential building
designed or intended or used exclusively as the residence of two families.
A two-family dwelling shall not include a detached single-family dwelling
with an accessory apartment.
| |||
FARM: Any parcel of land which is used primarily for the raising
of agricultural products, livestock, poultry and dairy products. It
includes farm structures within the prescribed limits, and the storage
of equipment used.
| |||
FLOOD OVERLAY-RELATED TERMS. The following terms relate
to Flood Overlay Zoning Regulations. Refer to Section XIII.
[Amended 5-22-2021 ATM
by Art. 25] | |||
AREA OF SPECIAL FLOOD HAZARD: The land in the floodplain
within a community subject to 1% or greater chance of flooding in
any given year. The area may be designated as Zone A, AO, AH, A1-30,
AE, A99, V1-30, VE, or V.
| |||
BASE FLOOD: The flood having a 1% chance of being
equaled or exceeded in any given year.
| |||
COMMUNITY FLOODPLAIN ADMINISTRATOR: Is authorized
and directed to administer and enforce the provisions of Hadley's
Flood Overlay District and Floodplain Zoning Bylaw. The Community
Floodplain Administrator shall have the authority to render interpretations
of this bylaw consistent with the intent and purpose of this bylaw
and may establish policies and procedures in order to clarify the
application of its provisions. Such interpretations, policies, and
procedures shall not have the effect of waiving requirements specifically
provided in this bylaw without the granting of a variance pursuant
to § 13.6.2 of this bylaw.
| |||
DEVELOPMENT: Any man-made change to improved or
unimproved real estate, including but not limited to building or other
structures, mining, dredging, filling, grading, paving, excavation
or drilling operations or storage of equipment or materials.
| |||
DISTRICT: Flood Overlay District.
| |||
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA): 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.
| |||
FLOOD BOUNDARY AND FLOODWAY MAP: An official map
of a community issued by FEMA that depicts, based on detailed analyses,
the boundaries of the 100-year and 500-year floods and the 100-year
floodway. (For maps done in 1987 and later, the floodway designation
is included on the FIRM.)
| |||
FLOOD INSURANCE RATE MAP (FIRM): An official map
of a community on which FEMA has delineated both the areas of special
flood hazard and the risk premium zones applicable to the community.
| |||
FLOOD INSURANCE STUDY: An examination, evaluation,
and determination of flood hazards, and, if appropriate, corresponding
water surface elevations, or an examination, evaluation and determination
of flood-related erosion hazards.
| |||
FLOODWAY: The channel of a river, creek 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 more than a designated height.
| |||
FUNCTIONALLY DEPENDENT USE: 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.
[US Code of Federal Regulations, Title 44, Part 59] Also [Referenced
Standard ASCE 24-14]
| |||
HIGHEST ADJACENT GRADE: The highest natural elevation
of the ground surface prior to construction next to the proposed walls
of a structure. [US Code of Federal Regulations, Title 44, Part 59]
| |||
HISTORIC STRUCTURE: Any structure that is:
| |||
(a)
|
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
| ||
(b)
|
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
| ||
(c)
|
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
| ||
(d)
|
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
| ||
(1)
|
By an approved state program as determined by the Secretary
of the Interior; or
| ||
(2)
|
Directly by the Secretary of the Interior in states without
approved programs. [US Code of Federal Regulations, Title 44, Part
59]
| ||
LOWEST FLOOR: The lowest floor of the lowest enclosed
area (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, provided that such enclosure is not built
so as to render the structure in violation of the applicable nonelevation
design requirements of NFIP Regulations 60.3.
| |||
NEW CONSTRUCTION: For floodplain management purposes,
structures for which the start of construction commenced on or after
the effective date of the first floodplain management code, regulation,
or standard adopted by the authority having jurisdiction, including
any subsequent improvements to such structures. New construction includes
work determined to be substantial improvement.
| |||
RECREATIONAL VEHICLE: A vehicle which is:
| |||
(a)
|
Built on a single chassis;
| ||
(b)
|
Four hundred square feet or less when measured at the largest
horizontal projection;
| ||
(c)
|
Designed to be self-propelled or permanently towable by a light-duty
truck (being a truck of not more than 8,500 pounds gross vehicle weight);
| ||
(d)
|
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use [US Code of Federal Regulations, Title 44, Part 59]; and
| ||
(e)
|
Fully licensed, and ready for highway use (by being on its wheels
or jacking system, by being attached to the site only by quick-disconnect-type
utilities and security devices, and by not having any permanently
attached additions).
| ||
REGULATORY FLOODWAY: See "floodway."
| |||
SPECIAL FLOOD HAZARD AREA: An area having special
flood and/or flood-related erosion hazards, and shown on a FIRM as
Zone A, AO, AI-30, AE, A99, AH, V, VI-30, or VE.
| |||
START OF CONSTRUCTION: The date of issuance for
new construction and substantial improvements to existing structures,
provided the actual start of construction, repair, reconstruction,
rehabilitation, addition, placement or other improvement is within
180 days after the date of issuance. The actual start of construction
means the first placement of permanent construction of a building
(including a manufactured home) on a site, such as the pouring of
a slab or footings, installation of pilings or construction of columns.
Permanent construction does not include land preparation (such as
clearing, excavation, grading or filling), the installation of streets
or walkways, excavation for a basement, footings, piers or foundations,
the erection of temporary forms or the installation of accessory buildings
such as garages or sheds not occupied as dwelling units or not part
of the main building. For a substantial improvement, the actual "start
of construction" means the first alteration of any wall, ceiling,
floor or other structural part of a building, whether or not that
alteration affects the external dimensions of the building. [Base
Code, Chapter 2, Section 202]
| |||
STRUCTURE: 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.
| |||
SUBSTANTIAL DAMAGE: Damage of any origin sustained
by a structure whereby the cost of restoring the structure to its
before-damaged condition would equal or exceed 50% of the market value
of the structure before the damage occurred.
| |||
SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction
or improvement of a structure, the cost of which equals or exceeds
50% of the market value of the structure either (a) before the improvement
or repair is started, or (b) if the structure has been damaged and
is being restored, before the damage occurred. For the purposes of
this definition, "substantial improvement" is considered to occur
when the first alteration of any wall, ceiling, floor, or other structural
part of the building commences, whether or not that alteration affects
the external dimensions of the structure.
| |||
SUBSTANTIAL REPAIR OF A FOUNDATION: When work to
repair or replace a foundation results in the repair or replacement
of a portion of the foundation with a perimeter along the base of
the foundation that equals or exceeds 50% of the perimeter of the
base of the foundation measured in linear feet, or repair or replacement
of 50% of the piles, columns or piers of a pile, column or pier supported
foundation, the Building Official shall determine it to be substantial
repair of a foundation. Applications determined by the Building Official
to constitute substantial repair of a foundation shall require all
existing portions of the entire building or structure to meet the
requirements of 780 CMR. [As amended by MA in 9th Edition BC]
| |||
VARIANCE - A grant of relief by a community from
the terms of a floodplain management regulation. [US Code of Federal
Regulations, Title 44, Part 59]
| |||
VIOLATION: The failure of a structure or other development
to be fully compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
§ 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or
(e)(5) is presumed to be in violation until such time as that documentation
is provided. [US Code of Federal Regulations, Title 44, Part 59]
| |||
FLOOR AREA, GROSS: See § 20.2.
| |||
FOOD TRUCK: Shall be defined as a readily movable trailer, cart
or motorized wheeled vehicle, designed and equipped to cook, or prepare
or serve food and shall include any food truck, food cart, canteen
truck, catering truck, breakfast truck, lunch truck, lunch wagon,
beverage truck, beverage cart, or any other food vehicle or setup
that is mobile.
[Added 5-4-2023 ATM by
Art. 22] | |||
HOME OCCUPATION TERMS. This section is related to Home
Occupation zoning regulations. Refer to Section XX.
| |||
HOME BUSINESS: See § 20.2.2.
| |||
HOME OFFICE: See § 20.2.1.
| |||
INCLUSIONARY ZONING TERMS. This section is related to
Inclusionary Zoning regulations. Refer to Section XXV.
| |||
AFFORDABILITY DEED RESTRICTION: See § 25.1.
| |||
AFFORDABLE HOUSING TRUST FUND: A fund created to
receive fees-in-lieu-of-when developers opt to provide equivalent
units in cash or land instead of actual construction. Such trust funds
are authorized by MGL c. 44, § 55C, Municipal Affordable
Housing Trust Fund.
| |||
AFFORDABLE .HOUSING UNIT: A dwelling unit with an
affordability deed restriction available at a cost of no more than
30% of gross household income of households at or below 80% of the
area median income as reported by the U.S. Department of Housing and
Urban Development, including units listed under MGL c. 40B, §§ 20
through 24, and the commonwealth's Local Initiative Program.
| |||
MEDIAN INCOME: The household income determined annually
by the U.S. Department of Housing and Urban Development and the Massachusetts
Department of Housing and Community Development for Hadley or the
region that includes Hadley.
| |||
QUALIFIED AFFORDABLE HOUSING UNIT PURCHASER OR TENANT:
An individual or family with household incomes that do not exceed
80% of the median income, with adjustments for household size, as
reported by the United States Department of Housing and Urban Development
(HUD) and the commonwealth's Local Initiative Program.
| |||
LOT-RELATED TERMS. The following terms apply to the regulation
of lots. Also see § 4.3.
| |||
LOT: A single tract of land held in single ownership
throughout and which is bounded by streets, ponds, waterways, or by
land of other owners.
| |||
LOT DEPTH: The mean distance from a street line
of the lot to its opposite rear line, measured in the mean general
direction of the side lines of the lot.
| |||
LOT FRONTAGE: The continuous portion of the line
separating a lot from a street to which the owner of the lot can provide
the physical access to a principal building on the lot, in compliance
with applicable bylaws, regulations or laws, for motor vehicles to
reach required off-street parking spaces or loading bays, and for
emergency services such as fire protection or ambulance service, and
for other vehicles to gain access to the principal building for deliveries,
such as mail.
| |||
LOT LINE, REAR: The lot line opposite to the street
line or in the case of a corner lot the rear lot line may be elected
by the owner.
| |||
LOT, CORNER: A lot at the junction of and fronting
on two or more intersecting streets 20 feet or more in width.
| |||
YARD, FRONT: A space across the full width of the
lot and extending from the street line of such lot to that point on
the building nearest to such street line.
| |||
YARD, REAR: A space across the full width of the
lot and extending from the rear lot line to that point on the building
nearest to such rear lot line. In the case of a triangular lot with
only one side fronting on a street, the rear yard shall be the open
unoccupied space between the rear wall of the building and a line
halfway between such rear wall and the point of intersection of the
side lines of the lot.
| |||
YARD, SIDE: A space extending from the front yard
to the rear yard between a building and the adjacent side line of
the lot on which the building is located.
| |||
MARIJUANA-RELATED TERMS. The following terms apply to
the regulation of marijuana. Refer to Sections XXIX and XXX.
| |||
CANNABIS OR MARIJUANA OR MARIHUANA: All parts of
any plant of the genus Cannabis, not excepted in 935 CMR 500.002:
Cannabis or Marijuana or Marihuana (a) through (c) and whether growing
or not; the seeds thereof; and resin extracted from any part of the
plant; clones of the plant; and every compound, manufacture, salt,
derivative, mixture or preparation of the plant, its seeds or resin,
including tetrahydrocannabinol as defined in MGL c. 94G, § 1;
provided that cannabis shall not include:
| |||
(a)
|
The mature stalks of the plant, fiber produced from the stalks,
oil, or cake made from the seeds of the plant, any other compound,
manufacture, salt, derivative, mixture or preparation of the mature
stalks, fiber, oil, or cake made from the seeds of the plant or the
sterilized seed of the plant that is incapable of germination; or
| ||
(b)
|
Hemp; or
| ||
(c)
|
The weight of any other ingredient combined with cannabis or
marijuana to prepare topical or oral administrations, food, drink
or other products.
| ||
CANNABIS OR MARIJUANA PRODUCTS: Cannabis or marijuana
and its products unless otherwise indicated. These include products
that have been manufactured and contain cannabis or marijuana or an
extract from cannabis or marijuana, including concentrated forms of
marijuana and products composed of marijuana and other ingredients
that are intended for use or consumption, including edible products,
beverages, topical products, ointments, oils and tinctures.
| |||
CEASES TO OPERATE: Marijuana retailer closes and
does not transact business for a period greater than 60 days with
no substantial action taken to reopen.
| |||
COMMISSION: The Massachusetts Cannabis Control Commission
established by MGL c. 10, § 76, or its designee.
| |||
CRAFT MARIJUANA COOPERATIVE: A marijuana cultivator
comprised of residents of the commonwealth and organized as a limited-liability
company, limited-liability partnership, or cooperative corporation
under the laws of the commonwealth. A cooperative is licensed to cultivate,
obtain, manufacture, process, package and brand cannabis or marijuana
products to transport marijuana to marijuana establishments, but not
to consumers.
| |||
HEMP: The plant of the genus Cannabis or any part
of the plant, whether growing or not, with a delta-9-tetrahydrocannabinol
concentration that does not exceed 0.3% on a dry weight basis of any
part of the plant of the genus Cannabis, or per volume or weight of
cannabis or marijuana product, or the combined percent of delta-9-tetrahydrocannabinol
and tetrahydrocannabinolic acid in any part of the plant of the genus
Cannabis regardless of moisture content.
| |||
HOST COMMUNITY AGREEMENT: An agreement, pursuant
to MGL c. 94G, § 3(d), between a marijuana establishment
and a municipality.
| |||
LICENSEE: A person or entity licensed by the Commission
to operate a marijuana establishment under 935 CMR 500.000.
| |||
MANUFACTURE: To compound, blend, extract, infuse
or otherwise make or prepare a cannabis or marijuana product.
| |||
MARIJUANA CULTIVATION: The use of land and/or buildings
for planting, tending, improving, harvesting, processing and packaging,
the preparation and maintenance of soil and other media and promoting
the growth of marijuana by an adult use marijuana cannabis cultivator,
microbusiness, research facility, craft marijuana cultivator cooperative,
or other entity licensed by the Cannabis Control Commission for marijuana
cultivation.
| |||
MARIJUANA CULTIVATOR: An entity licensed to cultivate,
process and package marijuana, and to transfer marijuana to other
marijuana establishments, but not to consumers. A craft marijuana
cooperative is a type of marijuana cultivator.
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MARIJUANA ESTABLISHMENT: A marijuana cultivator,
craft marijuana cooperative, marijuana product manufacturer, marijuana
retailer, marijuana microbusiness, marijuana independent testing laboratory,
marijuana research facility, marijuana transporter, or any other type
of licensed marijuana-related business, except a registered marijuana
dispensary or off-site medical marijuana dispensary.
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MARIJUANA INDEPENDENT TESTING LABORATORY: A laboratory
that is licensed by the Commission and is:
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(a)
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Accredited by the International Organization for Standardization
17025 (ISO/IEC 17025:2017) by a third-party accrediting body that
is a signatory to the International Laboratory Accreditation Accrediting
Cooperation mutual recognition arrangement or that is otherwise approved
by the Commission; and
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(b)
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Independent financially from any medical marijuana treatment
center (RMD), marijuana establishment or licensee for which it conducts
a test; and
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(c)
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Qualified to test cannabis or marijuana in compliance with 935
CMR 500.160 and MGL c. 94C, § 34.
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MARIJUANA MICROBUSINESS: A co-located marijuana
establishment that can be either a Tier 1 marijuana cultivator or
product manufacturer or both, in compliance with the operating procedures
for each license. A microbusiness that is a marijuana product manufacturer
may purchase no more than 2,000 pounds of marijuana per year from
other marijuana establishments.
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MARIJUANA PROCESS OR PROCESSING: To harvest, dry,
cure, trim and separate parts of the cannabis or marijuana plant by
manual or mechanical means, except it shall not include manufacture
as defined in 935 CMR 500.002.
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MARIJUANA PRODUCT MANUFACTURER: An entity licensed
to obtain, manufacture, process and package cannabis or marijuana
products and to transfer these products to other marijuana establishments,
but not to consumers.
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MARIJUANA RESEARCH FACILITY: An entity licensed
to engage in research projects by the Commission.
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MARIJUANA RETAILER: An entity licensed to purchase
and transport cannabis or marijuana product from marijuana establishments
and to sell or otherwise transfer this product to marijuana establishments
and to consumers. Retailers are prohibited from delivering cannabis
or marijuana products to consumers; and from offering cannabis or
marijuana products for the purposes of on-site social consumption
on the premises of a marijuana establishment.
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MARIJUANA TRANSPORTER: An entity, not otherwise
licensed by the Commission, that is licensed to purchase, obtain,
and possess cannabis or marijuana product solely for the purpose of
transporting, temporary storage, sale and distribution to marijuana
establishments, but not to consumers. Marijuana transporters may be
an existing licensee transporter or third-party transporter.
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MEDICAL MARIJUANA TREATMENT CENTER: A registered
marijuana dispensary (RMD) and off-site medical marijuana dispensary
(OMMD) as defined in Section XXIX of this bylaw.
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OFF-SITE MEDICAL MARIJUANA DISPENSARY (OMMD): A
registered marijuana dispensary that is located off site from the
cultivation/processing facility (and controlled and operated by the
same registered and approved not-for-profit entity which operates
an affiliated RMD) but which serves only to dispense the processed
marijuana, related supplies and educational materials to registered
qualifying patients or their personal caregivers in accordance with
the provisions of 105 CMR 725.00.[1]
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REGISTERED MARIJUANA DISPENSARY (RMD): A use operated
by a not-for-profit entity registered and approved by the MA Department
of Public Health in accordance with 105 CMR 725.000,[2] and pursuant to all other applicable state laws and regulations,
also to be known as a "medical marijuana treatment center," that acquires,
cultivates, possesses, processes (including development of related
products such as food tinctures, aerosols, oils, or ointments), transfers,
transports, sells, distributes, dispenses, or administers marijuana,
products containing marijuana, related supplies, or educational materials
to registered qualifying patients or their personal caregivers. An
RMD shall explicitly include facilities which cultivate and process
medical marijuana, and which may also dispense and deliver medical
marijuana and related products. The cultivation and processing of
medical marijuana in accordance with these regulations is considered
to be a manufacturing use and is not agriculturally exempt from zoning.
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NONCONFORMING USE OR STRUCTURE: A lawfully existing use or structure
which does not conform to the provisions of this bylaw.
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OPEN SPACE: See § 5.5.
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PROFESSIONAL OR BUSINESS OFFICE: A building or part thereof
for the transaction of business or the provision of services exclusive
of the receipt, sale, storage, or processing of merchandise, including,
but not limited to, offices of banks and financial institutions, medical
offices, medical clinics, and others.
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RESTAURANT: A place where the primary function is the serving
of food and beverages.
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SENIOR-HOUSING-RELATED TERMS. The following terms apply
to the regulation of senior housing. Refer to Section XXVII.
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AFFORDABILITY DEED RESTRICTION: A deed rider, covenant,
mortgage, easement, condominium document and/or other similar document
that ensures that affordable housing remains on the land for at least
99 years (affordable senior units shall, by deed restriction, remain
affordable in perpetuity) and is binding and enforceable against any
person with an interest in the property meeting the following standards:
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ASSISTED LIVING FACILITY: Units for persons 55 years
of age and older where rooms, meals, personal care and supervision
of self-administered medication are provided. Other services may be
provided as an accessory use only such as recreational activities,
financial services and transportation.
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CONDOMINIUM: A legal form of ownership of real property,
usually individual ownership of a dwelling unit in a multi-unit development,
where some rights are held in common by the residents of that development.
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CONGREGATE CARE FACILITY: Units for persons 55 years
of age and older where communal dining facilities and services such
as housekeeping, organized social and recreational activities, transportation
services, and other support services appropriate for the residents
are provided.
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HOMEOWNERS' ASSOCIATION: A private nonprofit organization
(corporation, association, or other legal entity) established by the
developer to manage, maintain, support, and finance the common area
and facilities and open space of a senior housing development and
to enforce certain covenants and restrictions.
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SENIOR: An individual who is 55 years of age or
older.
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SENIOR HOUSING DEVELOPMENT: A master-planned development
of land as a unified, self-contained, residential community that provides
for a range of living arrangements from single-family housing, senior
housing apartments, congregate care housing, to assisted living units,
constructed expressly for use and residence by persons who have achieved
a minimum age requirement for residency of 55 years or older, in accordance
with MGL c. 151B, § 4, Subsection 6, and also incorporating
the preservation of natural open space areas as an integral element
of the development. A senior housing development shall be permitted
only within the Senior Housing Overlay District and only upon the
granting of a special permit by the Planning Board.
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SENIOR HOUSING OPEN SPACE: Undeveloped land set
aside for common or individual ownership as a result of a senior community
development, with conservation easements and other deeded restrictions
to ensure that the land will remain permanently open and undeveloped.
A condition of senior housing development approval is that open space
may not be further subdivided.
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SIGN-RELATED TERMS. The following terms apply to the regulation
of signs. Refer to Section VII.
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ESTABLISHMENT: Any nonresidential entity such as
an institutional, nonprofit or business that is located in its own
premises or a permanently divided portion of larger premises, which
portion maintains a separate entrance and egress.
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PUBLIC WAY: A way as defined under MGL Chapter 90,
§ 1.
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SIGN: Any permanent or temporary structure, device,
letter, word, model, banner, pennant, insignia, trade flag, or representation
used as, or which is in the nature of, an advertisement, announcement,
or direction, or is designed to attract the eye by means including
intermittent or repeated motion or illumination.
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SIGN, ACCESSORY: Any sign that advertises or indicates
the person occupying the premises on which the sign is erected or
maintained, or the business transacted thereon, or advertises the
property itself or any part thereof as for sale or rent, and which
contains no other matter.
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SIGN AREA ALLOWANCE: The maximum area of total signage
allowed for an establishment. Sign area allowance may be apportioned
as desired among and up to the maximum allowed signs for an establishment.
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SIGN, GROUND: A sign erected on or affixed to the
land, including any exterior sign not attached to a building.
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SIGN, INTERNALLY LIT: Any sign that uses a light
source inside or behind the surface area or any other part of the
sign in order to illuminate the sign or parts of the sign. This includes,
but is not limited to, signs with light sources behind semi-translucent
material or layered signs with light sources behind text characters.
Any internally lit sign is considered a light-emitting sign.
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SIGN, LANDMARK: A sign that designates a property,
building, or site as historic, as defined by the Town's Historic Commission.
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SIGN, LIGHT-EMITTING: A sign which produces and
projects light from the surface area or any other part of the sign
using a bulb or array of bulbs or any other light source, including
internally lit signs, in order to direct light towards viewers.
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SIGN, SURFACE AREA OF: The area of a sign shall
be considered to include all the lettering, wording and accompanying
signs and symbols, together with the background on which they are
displayed, any frame around the sign and any cutout or extensions.
It shall not include the structural members, which are used solely
for supporting or bracing the portion comprising the sign area. The
area of a sign consisting of individual letters or symbols attached
to or painted on a surface, building, wall or window shall be considered
to be that of the smallest quadrangle or triangle which encompasses
all of the letters and symbols. The area of a sign consisting of or
containing a three-dimensional object shall be considered to be the
area of the largest vertical cross-section. In computing the area
of signs, only one side of back-to-back signs shall be counted.
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SIGN, TEMPORARY: Any sign intended to be maintained
for a continuous period of not more than 60 days.
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SOLAR-ENERGY-RELATED TERMS. The following terms apply
to the regulation of solar energy. Refer to Section XXVIII.
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AGRICULTURE: "Farming" or "agriculture" shall be
defined as stated in MGL Chapter 128, § 1A, as amended.
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BUILDING-INTEGRATED SOLAR ENERGY SYSTEM: A solar
energy system shall be considered to be building integrated if it
is designed to be permanently mounted on a building or other inhabitable
structure. This definition applies to solar energy systems of any
capacity that are designed to be operated in direct contact with a
building.
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CONTACT INFORMATION: Any and all up-to-date information
necessary to make contact under both normal and emergency conditions.
This information includes, but may not be limited to, names, addresses,
and telephone and fax numbers, as well as email addresses.
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DEMONSTRATED PEAK ENERGY DEMAND: The highest electric
load measured on any day during the twenty-four-month time period
prior to submission of solar energy system permit application.
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FOOTPRINT: The area of the smallest quadrangle or
triangle that encompasses all of the solar panels.
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IMPERVIOUS SURFACES: Any surface that restricts
natural rainwater penetration and/or natural groundwater recharge.
This includes pavement of any type, concrete, asphalt, bituminous
concrete (any type), so called TRG, gravel, stone (any type or size),
brick, or any other surface that restricts or is designed to restrict
natural rainwater penetration.
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LARGE-SCALE, GROUND-MOUNTED SOLAR ENERGY SYSTEM:
A solar energy system that has its solar panels structurally mounted
on the ground and occupies a footprint equal to or greater than one
acre but no more than 10 acres.
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OFF-GRID SOLAR ENERGY SYSTEM: A solar energy system
that is designed to produce power only at that site of generation
and is not connected to an electric power utility.
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OFF-SITE SOLAR ENERGY SYSTEM: A solar energy system
that is sized primarily to produce electricity to be consumed at a
location separated from the site of generation through a connection
to an electric power utility.
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ON-SITE SOLAR ENERGY SYSTEM: A solar energy system
that is sized primarily to produce electricity to be consumed at that
site of generation, up to 1.5 times the demonstrated peak energy demand.
On-site solar energy systems may or may not be connected to an electric
power utility.
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RATED NAMEPLATE CAPACITY: The maximum rated output
of electric power produced by energy-generating equipment.
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SMALL-SCALE, GROUND-MOUNTED SOLAR ENERGY SYSTEM:
A solar energy system that has its solar panels structurally mounted
on the ground and occupies a footprint of less than one acre.
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SOLAR ENERGY SYSTEM: All equipment, machinery and
structures utilized in connection with the conversion of light to
electricity. This includes, but is not limited to, transmission, storage,
collection and supply equipment, substations, transformers, service
and access roads.
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SOLAR PANELS: A component or series of components
which are part of a solar energy system that converts sunlight into
electricity or concentrates heat for human use.
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SPECIAL PERMIT GRANTING AUTHORITY (SPGA): The Planning Board
and/or the Board of Appeals, depending upon which Board is designated
as the SPGA in this bylaw.
[Added 5-10-2022 ATM
by Art. 22] | |||
STREET, ROAD OR WAY: An area of land dedicated, approved
by the Planning Board, or legally open for public travel under at
least one of the following classifications: a public way duly laid
out by the Town of Hadley, the Hampshire County Commissioners, the
Commonwealth of Massachusetts, or a way which the Hadley Town Clerk
certifies is maintained by public authority and used as a public way,
excluding, however, limited access highway; or a way shown on a definitive
plan approved and endorsed in accordance with the Subdivision Control
Laws; or a way in existence prior to said Subdivision Control Law
having become effective in the Town of Hadley (1961), having, in the
opinion of the Planning Board, sufficient width, suitable grades and
adequate construction to provide for the needs of vehicular traffic
in relation to the proposed use of the land abutting thereon or served
thereby, and for the installation of municipal services to serve such
land and the building erected or to be erected thereon.
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STRUCTURE: A combination of materials assembled at
a fixed location to give support or shelter, such as a building, framework,
retaining wall, tent, reviewing stand, platform, bin, fence, sign,
flagpole, mast for radio antenna or the like. The word "structure"
shall be construed, where the context allows, as though followed by
the words "or part or parts thereof."
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USE: The purpose for which land or building is occupied,
or maintained, arranged, designed or intended.
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WIRELESS-COMMUNICATIONS-RELATED TERMS. The following terms
apply to the regulation of wireless communications. Refer to Section
XIV.
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WIRELESS COMMUNICATIONS SERVICES: The provision
of the following types of services: cellular telephone service, personal
communications and enhanced specialized mobile radio service. Such
services, it is anticipated, will be provided via wireless communications
towers, including antennas and accessory structures, if any.
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WIRELESS COMMUNICATIONS TOWER: A structure (with
antennas, if any) designed to facilitate the following types of services:
cellular telephone service, personal communications service and enhanced
specialized mobile radio service.
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WIRELESS COMMUNICATIONS FACILITY: Devices (other
than a wireless communications tower) which are mounted on top of
an existing building or structure (roof mounted), mounted adjacent
to the side or rear of an existing building or structure (side mounted),
or mounted to the facade of an existing building or structure (facade
mounted) and designed to facilitate the following types of services:
cellular telephone service, personal communications service and enhanced
specialized mobile radio service.
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ZONING ENFORCEMENT OFFICER: The Building Inspector unless otherwise
designated by the Select Board.
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