In construing this bylaw, the following words shall have the
meaning herein given, unless a contrary intention clearly appears.
A.Â
The word "person" includes a firm, association, organization, partnership,
trust, company or corporation as well as an individual; the present
tense includes the future tense, the singular number includes the
plural, and the plural includes the singular; the word "shall" is
mandatory, and the word "may" is permissive; the word "used" or "occupied"
includes the words "intended," "designed," or "arranged to be used
or occupied"; the word "building" includes the word "residence"; the
word "lot" includes the word "plot" or "parcel."
B.Â
Terms not defined shall have the customary dictionary meaning.
As used in this bylaw, the following terms shall have the meanings
indicated:
A structure, building or use which:
Is subordinate in function to and serves a principal building
or principal use;
Is subordinate in area or extent to the principal building or
principal use served;
Contributes to the comfort, convenience, or necessity of occupants
or the principal building or use; and
Is located on the same lot as the principal building or use.
(definition from MGL c.40A, § 1A) A self-contained
housing unit, inclusive of sleeping, cooking and sanitary facilities,
on the same lot as a principal dwelling, subject to otherwise applicable
dimensional and parking requirements, that: i) maintains a separate
entrance, either directly from the outside or through an entry hall
or corridor shared with the principal dwelling sufficient to meet
the requirements of the state building code for safe egress; ii) is
not larger in floor area than 1/2 the floor area of the principal
dwelling or 900 square feet, whichever is smaller; and iii) is subject
to such additional restrictions as described herein.
[Added 5-10-2023 ATM by Art. 22]
Dwelling units restricted to rental or purchase by households
with an annual income no greater than 80% of the median income for
South Hadley, as calculated by the U.S. Department of Housing and
Urban Development or any successor agency, adjusted for family size.
Such units must be countable under MGL c. 40B as part of the Town's
subsidized housing inventory.
Any change or modification in the plan, construction, or
structural support of a building, structure or use.
Includes combined heat and power, electric- and hydrogen-powered
vehicles and associated technologies (including advanced batteries
and recharging stations).
[Added 5-9-2018 ATM by
Art. 18]
A dwelling unit in a multifamily dwelling or in a mixed-use
building.
A geologic formation composed of rock or sand and gravel
that contains significant amounts of potentially recoverable potable
water.
Means that development may proceed without the need for a
special permit, variance, amendment, waiver, or other discretionary
approval. As-of-right development may be subject to nondiscretionary
site plan review to determine conformance with local zoning bylaws
as well as state and federal law. As-of-right development projects
that are consistent with zoning bylaws and with state and federal
law cannot be prohibited.
[Added 5-9-2018 ATM by
Art. 17; amended 5-9-2018 ATM
by Art. 18]
Connected to or united with.
The space between the ceiling of the top story of a building
and its roof and not used for living, sleeping or eating quarters.
The word "attic" shall exclude footage greater than 1/2 of the cubic
footage enclosed in the story in the same building that is immediately
below that area.
An establishment for the principal purpose of sale of motor
vehicle fuel and/or related products, service and repair.
In connection with a flexible development, the number of dwelling units which could reasonably be permitted in compliance with the dimensional requirements of the underlying zoning district. See § 255-31.
An owner-occupied single-family dwelling (including accessory structures located on the same parcel as the owner-occupied dwelling) which may rent rooming units for transient occupancy (without individual kitchen facilities and with an individual or shared bath/toilet facility, with at least one toilet, one bath/shower and one wash basin, separate from those required for the single-family dwelling) which share a common entrance with the single-family dwelling and transient occupants are provided at least one daily meal as part of their occupancy. The use of that portion of the dwelling devoted to transient occupancy shall be secondary to the use of the dwelling as a single-family residence and shall not change the character thereof. This term shall be interpreted as including "lodging houses" subject to the provisions of §§ 255-19 and 255-39.
An owner-occupied building or grouping of buildings which may rent rooming units for transient occupancy (without individual kitchen facilities and with an individual or shared bath/toilet facility, with at least one toilet, one bath/shower and one wash basin, separate from those required for the single-family dwelling) which share a common entrance for the building and transient occupants are provided at least one daily meal as part of their occupancy. The use of that portion of the building devoted to transient occupancy shall not change the character thereof. This term shall be interpreted as including "lodging houses," subject to the provisions of §§ 255-19 and 255-39.
A combination of any materials, whether portable or fixed,
having a roof, to form a structure for the shelter of persons, animals
or property. For the purpose of 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." Accordingly,
a structure which does not meet the definition of a building by virtue
of not having a roof but is attached to a building shall be considered
to be part of the building and treated as a building for compliance
with dimensional standards.
The transacting or carrying on of a trade or commercial enterprise
with a view to profit or for livelihood.
Establishments primarily engaged in rendering services to
business establishments on a fee or contract basis, including but
not limited to the following: advertising and mailing; building maintenance;
employment service; management and consulting services; protective
services; equipment rental and leasing; commercial research, printing
and duplication services, computer repair, etc.
Cannabinoid as defined in Chapter 94G, Massachusetts General
Laws.
[Added 1-10-2018 STM
by Art. 5]
Cannabinoid profile as defined in Chapter 94G, Massachusetts
General Laws.
[Added 1-10-2018 STM
by Art. 5]
A place or area of land, set apart for the burial of the
dead, operated, managed and controlled under the provisions of Chapter
114 of the General Laws, or a burial place under the care and supervision
of the Town or other public authority.
Close associate, in regards to recreational marijuana, as
defined in Chapter 94G, Massachusetts General Laws.
[Added 1-10-2018 STM
by Art. 5]
Any use classified under the category "Business Uses" in the Use Table included as an attachment to this chapter.
A commercial establishment in which dogs three months old
or older or other domesticated animals are housed or boarded overnight,
all for a fee or other compensation. The following are not to be considered
as commercial kennels for the purposes of the South Hadley Zoning
Bylaw:
A business which engages primarily in the care or treatment
of such injured or ill animals and incidentally keeps such animals
overnight to meet their care or treatment needs; and
A business which trains domesticated animals, but does not keep
any such animals on the premises overnight; and
A business which breeds or sells domesticated animals.
Commission, in regards to recreational marijuana, as defined
in Chapter 94G, Massachusetts General Laws.
[Added 1-10-2018 STM
by Art. 5]
Capable of existing together in harmony.
A system of ownership of real estate, including commercial,
industrial, and attached and detached residential dwelling units,
established pursuant to the Condominium Act of the Commonwealth of
Massachusetts, Chapter 183A of the Massachusetts General Laws, in
which the apartments or dwelling units are individually owned and
the land and common areas are owned in common. A condominium is not
a use or a building type; rather, it is a form of ownership that can
apply to any use or building type.
A permanent restriction in the title to land of the type
described in MGL c. 184, §§ 31 through 33. As used
in this bylaw "conservation restriction" also includes an agricultural
preservation restriction, a watershed preservation restriction, or
a preservation restriction as defined in MGL c. 184, § 31.
Consumer, in regards to recreational marijuana, as defined
in Chapter 94G, Massachusetts General Laws.
[Added 1-10-2018 STM
by Art. 5]
A structure or structures containing independent living units,
health-care facilities, and other related services and amenities provided
to three or more elderly persons by a person unrelated by consanguinity
or affinity to the persons receiving such services.
Controlling person, in regards to recreational marijuana,
as defined in Chapter 94G, Massachusetts General Laws.
[Added 1-10-2018 STM
by Art. 5]
A lot bounded on two sides by intersecting streets.
The ratio of enclosed ground floor area of all buildings
on a lot to the horizontally projected area of the lot, expressed
as a percentage.
The percentage of the area of a lot that is impervious to
water, including, but not limited to, areas covered by structures
and paving, including paved recreational surfaces.
Craft marijuana cultivator cooperative as defined in Chapter
94G, Massachusetts General Laws.
[Added 1-10-2018 STM
by Art. 5]
A building containing a furnace designed and intended to
be used for cremating the dead and owned and controlled by a cemetery
corporation or crematory corporation duly organized under the Massachusetts
General Laws.
Cultivation batch as defined in Chapter 94G, Massachusetts
General Laws.
[Added 1-10-2018 STM
by Art. 5]
The number of dwelling units per acre of land.
Not connected to or united with.
[Added 5-10-2023 ATM by Art. 22]
A specified portion of the Town, delineated on the Zoning
Map, within which certain regulations and requirements or various
combinations thereof apply under the provisions of the bylaw.
An establishment that by design, physical facilities or services
or by packaging procedures encourages or permits customers to receive
services, obtain goods, or be entertained while remaining in their
vehicles.
A building occupied exclusively as a residence for one or
more families.
A room or group of rooms designed and equipped exclusively
for use as living quarters for only one family, including provisions
for living, sleeping, cooking, and eating. The term shall include
mobile homes but shall not include house trailers or recreational
vehicles.
A dwelling containing three or more dwelling units. A single parcel containing detached or attached single-family and/or two-family dwellings is not a multifamily dwelling. (See § 255-27.)
A detached dwelling containing one dwelling unit.
A single-family residence on its own lot that shares one
or more walls with an adjoining single-family residence.
A dwelling containing two dwelling units.
See "zero lot line housing."
Experienced marijuana establishment operator as defined in
Chapter 94G, Massachusetts General Laws.
[Added 1-10-2018 STM
by Art. 5]
The expansion or enlargement of a building, structure, or
use.
One or more persons occupying a dwelling unit and living
as a single housekeeping unit.
A family shall not exceed four persons not related by blood
or marriage.
Notwithstanding the above, a family shall be deemed to include
a group residence, limited, further defined as a premises licensed,
regulated, or operated by the Commonwealth of Massachusetts or operated
by a vendor under contract with the commonwealth for the residential
living, care, or supervision in any single dwelling unit of five or
more mentally ill or mentally retarded persons or persons with disabilities.
An artificially constructed barrier of any material or combination
of materials erected or grown to enclose, screen or separate areas.
A residential development which is developed and managed
to require that at least 80% of the residents are 55 years of age
or over.
Finished marijuana as defined in Chapter 94G, Massachusetts
General Laws.
[Added 1-10-2018 STM
by Art. 5]
A lot not meeting minimum frontage requirements and where
access to the existing public way is by a narrow, private access strip.
A building or open area in which stalls or sales areas are
set aside, and rented or otherwise provided, and which are intended
for use by various unrelated individuals to sell articles that may
be either homemade, homegrown, handcrafted, old, obsolete, or antique
and may include selling goods at retail by individuals or businesses
who or which are generally engaged in retail trade. Flea markets may
be conventional, permanent profit-seeking businesses and require all
local permits and licenses.
A process and type of residential development, whether or not by subdivision, which is designed to maximize the preservation of open space and visual assets that are significant to the community. See § 255-31.
The sum of the areas of habitable or commercially usable
space on all floors of a structure, including the interior floor area
of all rooms (including bathrooms and kitchens), closets, pantries,
hallways that are part of a dwelling unit or inside a commercial building,
including habitable finished basements but excluding cellars or unfinished
basements.
The length of a front lot line adjacent to a street; provided,
however, that the minimum frontage required by this bylaw shall be
satisfied by a continuous, uninterrupted segment of such frontage.
The length of the flag lot front lot line parallel to and
a distance back from the existing public way front lot line where
the required minimum continuous uninterrupted segment of such frontage
can be satisfied.
Establishment for principal purpose of sale of motor vehicle
fuel and convenience products.
A facility which processes the gas resulting from decomposition
of nearby landfill waste into electricity.
All water found beneath the surface of the ground.
Material including, but not limited to, any material, in
whatever form, which because of its quantity, concentration, chemical,
corrosive, flammable, reactive, toxic, infectious or radioactive characteristics,
either separately or in combination with any substance or substances,
constitutes a present or potential threat to human health, safety,
welfare, or to the environment, when improperly stored, treated, transported,
disposed of, used, or otherwise managed. The term shall not include
oil.
A waste which is hazardous to human health or the environment.
Hazardous wastes have been designated by the regulations of the Massachusetts
Hazardous Waste Management Act, MGL c. 21C.
The vertical distance between the highest point of the roof
of a building and the average finished grade of land on which the
building is located. For purposes of this bylaw, the term "height"
shall not apply to chimneys, steeples, flag or radiopoles, antennas,
aerators, required bulkheads, elevator penthouses, or other equipment
appurtenances necessitated by the permitted use to which a building
is put. In addition, the term "height" shall not apply to solar energy
collectors and equipment used for the mounting or operation of such
collectors; provided, however, that such collectors or equipment shall
not impair solar access of other building or other solar installations.
Hemp as defined in Chapter 94G, Massachusetts General Laws.
[Added 1-10-2018 STM
by Art. 5]
An occupation, trade, or profession, including a not-for-profit organization, which results in a product or service for compensation which is: (1) customarily carried on in a dwelling unit; (2) pursued by a person residing in the dwelling unit; and (3) incidental and secondary to the use of the dwelling unit for residential purposes. Such home occupations may include but are not limited to the following: office or studio of a building contractor, physician or surgeon, dentist, artist, lawyer, handicraft person, architect, professional engineer, realtor or real estate broker, insurance agent or broker, psychologist or counselor, notary public, teacher of scholastic subjects, accountant, hairdresser, beauty parlor operator, or teacher of piano. There are multiple categories or types of home occupations, which are shown on the Use Table included as an attachment to this chapter and described and regulated by § 255-22.
An institution where only sick and disabled persons are given
medical, surgical or convalescent care.
Host community, in regards to recreational marijuana, as
defined in Chapter 94G, Massachusetts General Laws.
[Added 1-10-2018 STM
by Art. 5]
An establishment providing lodging on a short-term basis,
usually less than one week; dining rooms, function rooms and other
support services may be included. Access to the individual sleeping
rooms is usually through a lobby and interior corridors.
A portable structure used for temporary living or sleeping
purposes and which is equipped with wheels or similar devices used
for the purpose of transporting said structure from place to place.
Materials or structures on or above ground that do not allow
precipitation to infiltrate the underlying soil.
Independent testing laboratory, in regards to recreational
marijuana, as defined in Chapter 94G, Massachusetts General Laws.
[Added 1-10-2018 STM
by Art. 5]
Any use classified under the category "Industrial Uses" in the Use Table included as an attachment to this chapter.
A building not used either as a principal accessory use to
a commercial, industrial or residential use; generally used for a
municipal, educational or religious purpose.
[Added 5-9-2018 ATM by
Art. 17]
Articles such as old iron, brass, copper, tin, lead or other
base metals, plastic, cordage, old bags, rags, wastepaper, paper clippings,
scraps, clips, rubber, glass, empty bottles, empty cans and all other
articles discarded and no longer used as a manufactured article, composed
of one or more of the materials mentioned but which may be converted
into some other product by means of some manufacturing process.
Laboratory agent, in regards to recreational marijuana, as
defined in Chapter 94G, Massachusetts General Laws.
[Added 1-10-2018 STM
by Art. 5]
The arrangement of landforms and vegetative cover for aesthetic
effect.
Materials including but not limited to solid wastes, sludge
and pesticide and fertilizer wastes capable of releasing water-borne
contaminants to the environment.
Licensee, in regards to recreational marijuana, as defined
in Chapter 94G, Massachusetts General Laws.
[Added 1-10-2018 STM
by Art. 5]
Off-street space logically and conveniently located for bulk
pickups and deliveries by truck, scaled to delivery vehicles expected
to be used, and accessible to such vehicles when required off-street
parking spaces are filled. Required off-street loading space is not
to be included as off-street parking space in computation of required
off-street parking space.
A residence where lodgings are let to five or more persons
not within the second degree of kinship to the person conducting the
house and which does not contain a public dining room or cooking facilities
in any rented sleeping room.
A parcel of land which is or may be occupied by a principal
building and its accessory buildings, together with such open yard
areas as are required under the provisions of this bylaw. To be used
for building purposes, such lot must have frontage on a street as
defined below, excepting only a preexisting lot exempted by the provisions
of MGL c. 40A, § 6. A lot line is a boundary of a lot.
Same as "building coverage."
Manufacture, in regards to recreational marijuana, as defined
in Chapter 94G, Massachusetts General Laws.
[Added 1-10-2018 STM
by Art. 5]
The fabricating, assembly, conversion, altering, finishing
or other process treatment of materials, substances, parts or products.
Facilities used primarily for heavy or light industry or
the manufacture or assembly of a product, including processing, blending,
fabrication, assembly, treatment and packaging.
[Added 5-9-2018 ATM by
Art. 18]
Marijuana (aka marihuana) as defined in Chapter 94G, Massachusetts
General Laws.
[Added 1-10-2018 STM
by Art. 5]
Marijuana accessories as defined in Chapter 94G, Massachusetts
General Laws.
[Added 1-10-2018 STM
by Art. 5]
Marijuana cultivator as defined in Chapter 94G, Massachusetts
General Laws.
[Added 1-10-2018 STM
by Art. 5]
Marijuana establishment as defined in Chapter 94G, Massachusetts
General Laws.
[Added 1-10-2018 STM
by Art. 5]
Marijuana product manufacturer as defined in Chapter 94G,
Massachusetts General Laws.
[Added 1-10-2018 STM
by Art. 5]
Marijuana products, as defined in Chapter 94G, Massachusetts
General Laws.
[Added 1-10-2018 STM
by Art. 5]
Marijuana retailer as defined in Chapter 94G, Massachusetts
General Laws.
[Added 1-10-2018 STM
by Art. 5]
Marijuana testing facility as defined in Chapter 94G, Massachusetts
General Laws.
[Added 1-10-2018 STM
by Art. 5]
The South Hadley Master Plan adopted by the South Hadley
Planning Board and Town Meeting, as amended.
A MMTC which acquires, cultivates, possesses, processes (including
development of related products such as food, tinctures, aerosols,
oils, or ointments), transfers, transports, or sells marijuana, products
containing marijuana, related supplies, or educational materials to
MMOSD sites. Such facilities do not sell or dispense products on site
to consumers, patients, or personal caregivers, but sell or transfer
such products to one or more MMOSD sites for such selling or dispensing.
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.
A medical marijuana facility/registered marijuana dispensary
that is located off-site from the cultivation/processing facility
and only distributes/dispenses the processed marijuana, related supplies
and educational materials to registered qualifying patients or their
personal caregivers.
A not-for-profit entity registered and approved by the MA
Department of Public Health in accordance with 105 CMR 725.000, and
pursuant to all other applicable state laws and regulations, also
to be known as a "registered marijuana dispensary (RMD)," 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. 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.
A facility, licensed under the relevant state and federal
statutes, with a capacity of not more than 15,000 barrels (a barrel
being equivalent to 31 gallons a year), for the production and packaging
of malt, wine, or hard cider beverages for retail or wholesale distribution,
on or off the premises, and which may include a tap room where beverages
produced on the premises may be sold and consumed. May include other
accessory uses such as, but not limited to, a restaurant and/or outdoor
dining, entertainment, etc. The term "microbrewery" is to be interpreted
as referring to similar facilities such as, but not limited to, "distillery."
A microbrewery shall be considered to be a "General manufacturing
use which is not commonly considered hazardous or noxious." Retail
sales associated with the operation of a microbrewery and events held
in association with the tap room shall be accessory and incidental
to the operation of the tap room.
[Added 5-10-2017 ATM by Art. 24]
A building containing a combination of residential and nonresidential
uses.
Any combination of residential, commercial, and/or industrial
uses on the same lot at the time of initial approval.
A structure designed as a dwelling unit for location on a
permanent foundation, and containing sleeping accommodations and sanitary
and kitchen facilities with plumbing and electrical connections provided
for attachment to outside systems, which is designed to be transported
after fabrication on its own wheels to a site for use.
An establishment providing lodging on a short-term basis,
usually less than one week, where access to the individual sleeping
rooms is usually directly from parking spaces or by an exterior walkway.
As used in this chapter, "municipal properties" shall be
interpreted to mean any land or property owned in fee by either the
Town of South Hadley (including semi-autonomous entities such as the
South Hadley Electric Light Department), South Hadley Fire District
No. 1, or South Hadley Fire District No. 2.
[Added 5-9-2018 ATM by
Art. 17]
Mycotoxin as defined in Chapter 94G, Massachusetts General
Laws.
[Added 1-10-2018 STM
by Art. 5]
A use of a building, structure or lot in a manner not in
accordance with the use or dimensional regulations of the district
in which it is situated.
A workplace used for the transaction of business or nonprofit
functions, excluding as principal uses manufacturing, retail construction,
and warehousing and including but not limited to professional offices
and offices that support or manage on-site or off-site manufacturing,
retailing, construction, and warehousing, as well as research laboratories
and other facilities in which research activities are conducted. An
office that is operated as part of another primary use on the Use
Table shall be considered accessory to that primary use and not a
separate use.[1]
A tract of land designated and used by the public for active
and passive recreation and maintained as public property.
Shall consist of an area for parking an automobile with room
for opening doors on both sides, together with properly related access
to a street and sufficient maneuvering room, but shall be located
totally outside of any street or alley right-of-way.
Any building wherein the primary occupation is the repair,
care of, maintenance or customizing of personal properties that are
worn or carried about the person or are a physical component of the
person. Personal service establishments shall include, but not be
limited to: barber shops; beauty shops; pet grooming establishments;
laundering, cleaning and other garment servicing establishments; tailors;
dressmaking shops; shoe cleaning or repair shops; eyeglass shops;
health clubs; and other similar places of business, but not including
offices of physicians, dentists and veterinarians, or any other recognized
professional.
An active recreational area with a variety of facilities,
including equipment for younger children as well as court and field
games.
Areas which are underlain by surficial geological 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.
The building in which the principal use on the premises takes
place.
The primary use to which the premises are devoted, and the
main purpose for which the premises exist.
Process, in regards to recreational marijuana, as defined
in Chapter 94G, Massachusetts General Laws.
[Added 1-10-2018 STM
by Art. 5]
Processing, in regards to recreational marijuana, as defined
in Chapter 94G, Massachusetts General Laws.
[Added 1-10-2018 STM
by Art. 5]
Production batch, in regards to recreational marijuana, as
defined in Chapter 94G, Massachusetts General Laws.
[Added 1-10-2018 STM
by Art. 5]
A person employed in a practice of engineering as defined
in MGL c. 112, § 81D.
An establishment primarily engaged in rendering services
by professional persons on a fee or contract basis, including, but
not limited to, the following: accounting, auditing, and bookkeeping;
medical, dental or health; planning, engineering and architectural;
education and science; attorneys and notary publics; finance, insurance
and real estate (FIRE); travel agencies; etc.
The applicant, property owner, installation developer, operator
and management entity, jointly and severally, of a project. Each of
the responsible parties shall be responsible for adhering to the requirements
set forth in this chapter.
[Added 5-9-2018 ATM by
Art. 17]
Land that is permanently protected from development by a
conservation restriction, dedication as parkland, or an equivalent
form of perpetual legal restriction on development.
The maximum rated output of electric power production of
a photovoltaic system in direct current (DC).
[Added 5-9-2018 ATM by
Art. 17]
A vehicle or vehicular attachment designed for temporary
sleeping or living quarters, which is not a dwelling and which may
include a pick-up camper, travel trailer, or tent trailer.
Includes solar-photovoltaic (PV) and thermal, wind, biomass
power conversion or thermal technologies (including R&D related
to, or the manufacture of, wood pellets), ultra-low emissions high-efficiency
wood pellet boilers and furnaces, low-impact hydro-electric and kinetic,
ocean thermal/wave/tidal, geothermal, landfill gas, fuels cells that
use renewable energy, advanced biofuels.
[Added 5-9-2018 ATM by
Art. 18]
Facilities are used primarily for research, development and/or
testing of innovative information, concepts, methods, processes, materials,
or products. This can include the design, development, and testing
of biological, chemical, electrical, magnetic, mechanical, and/or
optical components in advance of product manufacturing. The accessory
development, fabrication, and light manufacturing of prototypes, or
specialized machinery and devices integral to research or testing
may be associated with these uses.
[Added 5-9-2018 ATM by
Art. 18]
Part of a landscape element of an approved townhouse, multifamily,
and/or flexible development which identifies said townhouse, multifamily,
and/or flexible development.
[Added 5-9-2018 ATM by
Art. 19]
A subdivision as defined in Chapter 41, Massachusetts General
Laws which was approved by the Planning Board and is used exclusively
for residential purposes. Plans endorsed pursuant to Chapter 41, Section
81P, Massachusetts General Laws are not deemed to be subdivisions.
[Added 5-9-2018 ATM by
Art. 17]
Residual solvent, in regards to recreational marijuana, as
defined in Chapter 94G, Massachusetts General Laws.
[Added 1-10-2018 STM
by Art. 5]
A commercial establishment in which the primary activity
consists of the preparation and serving of food for consumption on
the premises or as take-out, including a bar or pub or other establishment
that sells food and alcoholic beverages for on-premises consumption,
excluding catering businesses and retail uses that sell prepared food.
The reconstruction or repair of a building or structure to
its original plan, size and use.
An establishment selling goods directly to the general public
for personal and household consumption, including but not limited
to an appliance store, bakery, delicatessen, drugstore, florist, grocer,
hardware store, liquor store, newsstand, shoe store, stationery store,
convenience store, and variety store, excluding a restaurant.
An institution for the recuperation or treatment of persons
suffering from physical or mental disorders.
Views significant to the cultural and environmental heritage
of South Hadley, including, but not limited to, views of the Mount
Holyoke Range, Mount Tom, and the Connecticut River.
A building devoted to instruction or education in primary,
secondary, high school, or post-high school grades.
Areas which are underlain by surficial geologic deposits,
including till or bedrock, and in which the prevailing direction of
surface water flow is toward public water supply wells or potential
sites for such wells.
Having been used or owned by some person other than the dealer
offering the same for sale and which may be used without alteration.
The performance of any act for the benefit of another with
a view to profit or for a livelihood.
The minimum required unoccupied space or distance between
a lot line and any part of a principal or accessory building nearest
such lot line, such unoccupied space or area extending the entire
distance across the lot. Front, side and rear setback lines are identified
in accordance with the diagram below:
 |
See § 255-51C.
Any word, letter, symbol, drawing, picture, design, name, identification,
description, display, illustration, or device, including billboards,
or any combination of one or more of the foregoing, which identifies
or calls attention to the premises, person, activity, or business,
but not the trade name of products unless such products involve over
75% of the total sales of an establishment.
Any structure or device intended or erected for the above-described
purpose shall be considered a sign for purposes of this bylaw. The
area of a sign shall be determined by measuring the smallest rectangle
which encompasses the outermost components of the sign, exclusive
of any supporting structure.
A tree with a diameter of 18 inches or more as measured 4.5
feet above the ground.
An active solar energy system that converts solar energy
directly into electricity.
[Added 5-9-2018 ATM by
Art. 17]
A solar photovoltaic system that is structurally mounted
on a canopy over a parking area.
[Added 5-9-2018 ATM by
Art. 17]
A solar photovoltaic system that is structurally mounted
on the ground and is not roof-mounted.
[Added 5-9-2018 ATM by
Art. 17]
A solar photovoltaic system that has a rated nameplate capacity
greater than 250 KW DC.
[Added 5-9-2018 ATM by
Art. 17]
A solar photovoltaic system that has a rated nameplate capacity
of more than 10 KW DC but not more than 250 KW DC.
[Added 5-9-2018 ATM by
Art. 17]
A solar photovoltaic system that is structurally mounted
on the roof of a building.
[Added 5-9-2018 ATM by
Art. 17]
A solar photovoltaic system that has a rated nameplate capacity
of 10 KW DC or less.
[Added 5-9-2018 ATM by
Art. 17]
Application review fees imposed on a developer to cover the
costs incurred by the Planning Board and/or Zoning Board of Appeals
for the employment of outside professional expertise and/or consultants
due to the nature of a proposed project or a project's potential impact.
The horizontal portion through a building between floor and
ceiling. The word "story" shall not include the portion of the basement
or cellar of a building above grade, provided that such portion is
not more than 1/2 of the floor-to-ceiling height of said basement
or cellar. The word "story" shall not include "attic" as defined herein.
A way, whether public or private, set aside for the passage
of persons, animals or vehicles, and which is:
A public way accepted by the Town or a way which the Town Clerk
certifies is maintained and used as a public way; or
A way shown on a plan approved and endorsed by the Planning
Board in accordance with Chapter 41 of the Massachusetts General Laws
(Subdivision Control Law); or
A way in existence when said Subdivision Control Law became
effective in South Hadley 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 having sufficient
and adequate municipal services to serve such land and the buildings
erected or to be erected thereon.
The dividing line between a street and a lot, and in case
of a public way, the street line established by the public authority
laying out said way upon which the lot abuts.
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, tower, fence, sign, pole,
mast, or the like. The word "structure" shall be construed, where
the context allows, as though followed by the words "or part or parts
thereof."
The division of a lot, tract or parcel of land into two or
more lots, sites, or divisions of land, in such a manner as to require
provisions for a street for the purpose as provided in Chapter 41
of the Massachusetts General Laws (Subdivision Control Law). The word
"subdivision" shall include "resubdivision" in relation to the processes
of subdividing or to land already subdivided, when appropriate to
the context.
The Rules and Regulations Governing the Subdivision of Land
in the Town of South Hadley, Massachusetts, promulgated by the South
Hadley Planning Board, as amended from time to time.[2]
A facility used for swimming, diving or water sports which
may be either:
A below-ground artificial or semi-artificial receptacle or container
of a pool of water located below surrounding grade and having a depth
of at least 24 inches, as measured from the lowest point in the pool
a vertical distance to the ground level; or
An above-ground artificial or semi-artificial receptacle or
container of a pool of water located above surface grade with a diameter
of 15 feet or greater at the outside dimension and a capacity to hold
water at a depth of 24 inches or more.
Terpenoid as defined in Chapter 94G, Massachusetts General
Laws.
[Added 1-10-2018 STM
by Art. 5]
A business which services or repairs commercial trucks which
are not owned by the business.
Unreasonably impracticable, in regards to recreational marijuana,
as defined in Chapter 94G, Massachusetts General Laws.
[Added 1-10-2018 STM
by Art. 5]
The purpose for which land or a building or structure is
arranged, designed, intended or erected, or for which land or a building
or structure is or may be occupied.
Includes the following: cars, trucks, vans, recreational
vehicles, and mobile construction equipment.
Lands lying adjacent to watercourses and surface water bodies
which create the catchment or drainage of such watercourses and bodies.
A freshwater wetland as defined in the Massachusetts Wetlands
Act, MGL c. 131, § 40.
A business in which materials, goods, or equipment are stored
and/or held and transported for distribution, including mini-storage
and self-storage facilities.
The area of land on a lot not occupied by a principal or
accessory building.
A form of development in which each single-family residence
is on a separate lot and has no setback from one side lot line.
The person or persons designated to enforce these Zoning
Bylaws and Massachusetts General Laws Chapter 40A; who shall be the
Building Commissioner and any individual employed as a bylaw enforcement
officer for the purpose of enforcing bylaws, regulations and relevant
statutes.
[1]
Editor's Note: The Use Table is included as an attachment to this chapter.
