Definitions. For purposes of this §
255-23, the following definitions shall apply. All capitalized terms shall be defined in accordance with the definitions established under the Enabling Laws or Article
III, or as set forth in the PAA Regulations. Where, for readability or other reasons, the terms defined in Article
III, the PAA Regulations or the Enabling Laws, appear without capitalization, such use shall nevertheless be presumed to have the same meaning as defined in Article
III, the PAA Regulations or the Enabling Laws, as applicable, unless it is obvious from the context that the common law definition applies. Common law definitions shall apply to all other terms not defined in Article
III, the PAA Regulations or the Enabling Laws. To the extent that there is any conflict between the definitions set forth in Article
III or the PAA Regulations and the Enabling Laws, the terms of the Enabling Laws shall govern.
[Amended 5-9-2018 ATM
by Art. 20]
ACCESSORY
A structure, building or use which:
(a)
Is subordinate in function to and serves a principal building
or principal use;
(b)
Is subordinate in area or extent to the principal building or
principal use served;
(c)
Contributes to the comfort, convenience, or necessity of occupants
or the principal building or use; and
(d)
Is located on the same lot as the principal building or use.
ADMINISTERING/MONITORING AGENT
An entity designated by the South Hadley Board of Selectmen, which may be the South Hadley Housing Authority or other qualified housing entity, with the power to monitor and to enforce compliance with the provisions of this section related to Affordable Units, including but not limited to computation of rental and sales prices; income eligibility of households applying for Affordable Units; administration of an approved housing marketing and resident selection plan; and recording and enforcement of an Affordable Housing Restriction for each Affordable Unit in the SGZD. [See Subsection
A(8).]
ADMINISTRATIVE REGULATIONS or PAA REGULATIONS
Administrative rules and provisions relative to Plan Approval that are adopted by the Planning Board pursuant to MGL c. 40R and in its capacity as the 40R Plan Approval Authority under Subsection
A(8). Such rules and regulations, Project application form(s), any other application requirements and any subsequent amendments thereof must be approved by the Department of Housing and Community Development.
AFFORDABLE HOUSING RESTRICTION
A deed restriction of an Affordable Unit meeting statutory requirements in MGL c. 184, § 31 and the requirements of Subsection
A(8) of this section.
AFFORDABLE UNIT
The collective reference to Affordable Homeownership Units
and Affordable Rental Units.
ALLOWED USE
A Principal, Accessory or other permitted Use listed under §
255-23B; a use that is not prohibited under §
255-23B.
ANNUAL UPDATE
A list of all approved and currently proposed Smart Growth
Districts within the Town of South Hadley and other associated information,
to be filed on or before July 31 of each year with the Massachusetts
Department of Housing and Community Development pursuant to Massachusetts
General Laws Chapter 40R and applicable regulations [760 CMR 59.07(1)].
APPLICANT
A landowner or other petitioner who files a plan for a Development
Project subject to the provisions of this section.
AREA-WIDE MEDIAN INCOME
The median income, adjusted for household size, as reported
by the most recent information from, or calculated from regulations
promulgated by, the United States Department of Housing and Urban
Development (HUD).
AS-OF-RIGHT or AS-OF-RIGHT DEVELOPMENT
A use or Development Project allowable under this section
without recourse to a special permit, variance, zoning amendment,
or other form of zoning relief. A Development Project that is subject
to the Plan Review requirement of this section shall be considered
an As-Of-Right Development.
BUILDING
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."
BUSINESS
The transacting or carrying on of a trade or commercial enterprise
with a view to profit or for livelihood.
CONDOMINIUM
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.
CONSUMER SERVICES
A barber shop, dry-cleaning or laundry establishment, photographer's
shop or studio or similar business where service is provided directly
on the premises.
DENSITY
The number of dwelling units per acre of land.
DESIGN STANDARDS
Provisions adopted in accordance with § 225-23B
that shall be applicable to all Development Projects within the SGZD.
DEVELOPMENT PROJECT or PROJECT
A residential or mixed-use development undertaken under this
section. A Development Project shall be identified as such on the
Plan which is submitted to the Planning Board for plan review.
DWELLING
A building occupied exclusively as a residence for one or
more families.
DWELLING UNIT
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.
ELIGIBLE HOUSEHOLD
An individual or household whose annual income is below 80%
of the areawide median income as determined by the United States Department
of Housing and Urban Development (HUD), adjusted for household size,
with income computed using HUD's rules for attribution of income to
assets.
FAMILY
One or more persons occupying a dwelling unit and living as a single housekeeping unit. For purposes of this §
255-23:
(a)
A family shall not exceed four persons not related by blood
or marriage;
(b)
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.
FLOOR AREA
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.
FRONTAGE
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.
HEIGHT
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 §
255-23, 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.
INSTITUTIONAL USE
A nonprofit or quasi-public use or institution, such as a
church, library, public or private school, municipally owned or operated
building, structure or land, used for public purpose.
LOADING SPACE
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.
LOT
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 §
255-23. 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.
MASTER PLAN
The South Hadley Master Plan adopted by the South Hadley
Planning Board, as amended.
NONRESIDENTIAL USE
Office, Retail, Restaurant, Service or Institutional Use,
inclusive, or some combination of the same.
OFFICE
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.
PARKING (OFF-STREET)
For purposes of this §
255-23A(6), an off-street parking space 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.
PLAN
A plan depicting a proposed Development Project for all or a portion of the SGZD and which is submitted to the Planning Board for its review and approval in accordance with the provisions of this §
255-23.
PLAN APPROVAL
The Planning Board's authorization, acting as the Plan Approval
Authority (PAA) per the Enabling Laws, for a proposed Development
Project based on a finding of compliance with this section and Design
Standards after the conduct of a Plan Review.
PLAN APPROVAL AUTHORITY (PAA)
The South Hadley Planning Board authorized under Article
XI to conduct the Plan Approval process for purposes of reviewing Project applications and issuing Plan Approval decisions within the SGZD.
PLAN REVIEW
The review procedure established by this article and administered
by the Town of South Hadley Planning Board acting as PAA.
PRINCIPAL BUILDING
One or more buildings/structures serving the primary use
to which the premises are devoted, and the main purpose for which
the premises exist.
PRINCIPAL USE
The primary use to which the premises are devoted, and the
main purpose for which the premises exist.
RESIDENTIAL USE
A building or part of a building containing Dwelling Units
as defined hereinabove and parking that is accessory to the Dwelling
Units.
RESTAURANT
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.
RETAIL; RETAIL SALES
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.
SCHOOL
A building devoted to instruction or education in primary,
secondary, high school, or post-high school grades.
SERVICE
The performance of any act for the benefit of another with
a view to profit or for a livelihood.
SETBACK
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:
SMART GROWTH DISTRICT
An Overlay Zoning District adopted pursuant to Massachusetts
General Laws Chapter 40R, in accordance with the procedures for zoning
adoption and amendment as set forth in Massachusetts General Laws
Chapter 40A and approved by the Department of Housing and Community
Development pursuant to Massachusetts General Laws Chapter 40R and
applicable regulations.
STREET
A way, whether public or private, set aside for the passage
of persons, animals or vehicles, and which is:
(a)
A public way accepted by the Town or a way which the Town Clerk
certifies is maintained and used as a public way; or
(b)
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
(c)
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.
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, 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."
UNDERLYING ZONING
The zoning requirements adopted pursuant to Massachusetts
General Laws Chapter 40A that are otherwise applicable to the geographic
area in which the SHFSGD is located, as said requirements may be amended
from time to time.
UNRESTRICTED UNIT
A Dwelling Unit that is not restricted as to rent, price
or eligibility of occupants.
USE
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.