[Amended 11-29-1999 STM,
Art. 1, which also revised references to "this chapter" to read "this
Zoning Bylaw" throughout; 6-6-2020 ATM by Art. 20]
These regulations are enacted to promote the health, safety
and welfare of the inhabitants of the Town of Sunderland, to conserve
the value of land and buildings, to encourage the most appropriate
use of land throughout the Town and to preserve and increase its amenities,
all as authorized by the provisions of the Zoning Act, Chapter 40A
of the Annotated Laws of Massachusetts, as amended, and by Article
89 of the amendments to the Constitution.
In this Zoning Bylaw, the following terms shall have the following
meanings unless another meaning is required by the context or is specifically
prescribed.
The cessation of a nonconforming use or nonconforming structure
as indicated by the visible or otherwise indicated intention to discontinue
a nonconforming use or nonconforming structure.
[Added 11-29-1999 STM,
Art. 1; amended 4-28-2000 ATM,
Art. 45]
A building not attached to any principal building, or a use
customarily incidental to and located on the same lot with the principal
building or use.
Dwelling units that may be rented or purchased by persons
or families having low or moderate income, as defined by the Executive
Office of Communities & Development of the Commonwealth, in perpetuity
or for the longest period allowed by law via sale, lease, or deed
restriction and that count towards the 10% requirement of MGL c. 40B.
[Added 4-24-2009 ATM,
Art. 11; amended 4-29-2011 ATM,
Art. 7]
Land shall be deemed to be an "agricultural use" when primarily
and directly used in raising animals for the purpose of selling such
animals or a product derived from such animals in the regular course
of business. Land shall also be deemed to be in "agricultural use"
when primarily and directly used in raising fruits, vegetables, berries,
nuts and other foods for human consumption, feed for animals, tobacco,
flowers, sod, trees, nursery or greenhouse products and ornamental
plants and shrubs for the purpose of selling such products in the
regular course of business or when primarily and directly used in
raising forest products under a program certified by the state forester
to be a planned program to improve the quantity and quality of a continuous
crop for the purpose of selling such products in the regular course
of business.
[Added 4-28-1989 ATM,
Art. 21]
A geologic formation composed of rock or sand and gravel
that contains significant amounts of potentially recoverable groundwater.
[Added 4-28-1989 ATM,
Art. 21]
An accessory use to a dwelling unit consisting of overnight
lodging with breakfast. No meals other than a breakfast shall be served,
and no breakfast shall be served nor any retail or consumer services
shall be provided to any member of the public not lodged as an overnight
guest.
[Added 11-29-1999 STM,
Art. 1]
An enclosed structure, either a principal building or shed,
garage, stable, greenhouse, or other accessory building.
[Added 11-29-1999 STM,
Art. 1]
The vertical distance from the mean finished grade of the
ground adjoining the building to the highest point of the roof (or
parapet) for flat or shed roofs, to the decline for mansard roofs
and to the mean height between the eaves and ridge for gable, hip
and gambrel roofs. Not included are spires, cupolas, television antennas
or other parts of the structure which do not enclose useable floor
space.
[Amended 4-24-2009 ATM,
Art. 11]
A building in which is conducted the main or principal use
of the lot on which said building is located.
[Added 11-29-1999 STM,
Art. 1]
A building or group of buildings located on one (1) parcel
of land, which houses more than one (1) business or firm.
[Added 4-27-1990 ATM,
Art. 15]
A portable dwelling eligible to be registered and insured
for highway use and designed to be used for travel, recreational and
vacation use, but not for permanent residence, including equipment
commonly called "travel trailers," pickup coaches or campers, motorized
campers and tent trailers, but not including mobile homes.
[Added 4-13-1993 STM,
Art. 39]
Premises used for travel trailers, campers, tenting or for
temporary overnight facilities of any kind where a fee is charged.
A recreational facility operated as a business and open to
the general public for a fee.
[Added 11-29-1999 STM,
Art. 1]
Any substance introduced to water, air or soil that exceeds
Massachusetts standards, guidelines or health advisories, or any substance
detected in quantities determined by the Department of Environmental
Protection or its successor to negatively impact health.
[Added 4-28-1989 ATM,
Art. 21; amended 4-13-1993 STM,
Art. 39]
A parcel of land that conforms to all of the requirements
for development of this Zoning Bylaw and any other applicable ordinance
of the Town of Sunderland.
[Added 4-26-1996 ATM,
Art. 30]
One (1) DUC may be created, pursuant to the provisions of
§ 125-Article IV-2-F, Agricultural and Watershed Protection
Incentive, for each developable lot in either the Prime Agricultural
District or the Watershed District, the development of which is to
be restricted perpetually in exchange for the right to develop one
(1) additional developable lot in an approved district. Each DUC is
limited to one (1) dwelling. No DUC may be created for land that is
not developable according to the provision of the ordinance and any
other applicable ordinance of the Town of Sunderland.
[Added 4-26-1996 ATM,
Art. 30]
Any building designed for residential use and containing
kitchen and sanitary facilities.
[Amended 11-29-1999 STM,
Art. 1]
One (1) or more rooms for living purposes together with separate
cooking and sanitary facilities intended to be used by one (1) family
and accessible from the outdoors directly or through an entrance hall
shared with other dwelling units. Not more than one (1) family is
permitted per dwelling unit.
[Added 11-29-1999 STM,
Art. 1]
A dwelling containing three (3) but not more than four (4)
dwelling units, separated by vertical walls or horizontal floors,
designed for occupancy by not more than four (4) families. In a Planned
Unit Development (PUD), a multifamily dwelling may contain up to eight
(8) units in a structure.
[Amended 11-29-1999 STM,
Art. 1; 4-26-2019 ATM, Art. 15]
A dwelling other than a mobile home, singly and apart from
any other building, used exclusively for occupancy by one (1) family.
[Amended 11-29-1999 STM,
Art. 1]
A dwelling containing two (2) dwelling units, separated by
vertical walls or horizontal floors, designed for occupancy by two
(2) families.
[Added 11-29-1999 STM,
Art. 1]
Premises comprising ten (10) acres or more, used principally
for skiing, snowmobiling, riding, camping or similar extensive recreation,
with structures occupying not more than five percent (5%) of the lot
area.
An individual, or two (2) or more persons related by blood
or marriage, or a group of not more than four (4) persons not legally
related, living together as a single housekeeping unit. Any unrelated
individual over four (4) shall constitute another family.
[Amended 11-29-1999 STM,
Art. 1]
A parcel of contiguous land not less than five (5) acres
in size, used for the principal purpose of raising agricultural, horticultural,
floricultural, aquacultural, or viticultural products or livestock.
Land divided by a public or private way shall be construed as one
(1) parcel.
[Added 11-29-1999 STM,
Art. 1]
Premises for which the principal use is the seasonal sale
of produce and dairy products grown or prepared by the owner of the
premises for consumption off the premises. Serving seasonal products
such as ice cream or maple syrup shall be considered an accessory
use to a farm stand. Any seating area for this accessory use shall
be appropriate to the characteristics of the neighborhood.
[Added 11-29-1999 STM,
Art. 1]
A structure that permanently or temporarily inhibits unrestricted
travel between properties or between a street or public right-of-way
and a property.
[Added 11-29-1999 STM,
Art. 1]
An alternative method of lot development that allows smaller
lot sizes and frontage and requires that natural features of the parcel
are taken into consideration when placing lot lines.
[Added 4-28-1995 ATM,
Art. 26; amended 4-29-2011 ATM,
Art. 7]
Land with at least fifteen percent (15%) of the area occupied
by the crowns of forest trees of any size that contains at least seven
and one-half (7.5) square feet of basal area per acre; or a plantation
containing at least five hundred (500) trees per acre; or land recently
harvested that is in the process of regeneration.
[Added 4-28-1995 ATM,
Art. 28]
All waters found beneath the surface of the ground.
[Added 4-28-1989 ATM,
Art. 21]
Any waste material hazardous to human health or the environment
as designated by the United States Environmental Protection Agency
under 40 CFR 261 or the regulations of the Massachusetts Hazardous
Waste Management Act, Massachusetts General Laws, Chapter 21C.
[Added 4-28-1989 ATM,
Art. 21]
A building or group of buildings providing accommodations
on a transient basis for compensation, but not meeting the definition
of "nonfamily accommodations." Accommodations having individual kitchen
facilities (sink, range and refrigerator) shall be considered dwelling
units.
The impermeable nonporous surfaces of roads, buildings and
other structures or materials on or above the ground that do not allow
precipitation to be absorbed into the underlying soil. This includes,
but is not limited to, plastics, concrete and asphalt.
[Added 4-28-1989 ATM,
Art. 21]
A laboratory that is licensed by the Cannabis Control Commission
and is: (i) accredited to 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 Cooperation
mutual recognition arrangement or that is otherwise approved by the
Commission; (ii) independent financially from any medical marijuana
treatment center (RMD), marijuana establishment or licensee for which
it conducts a test; and (iii) qualified to test cannabis or marijuana
in compliance with 935 CMR 500.160 and MGL c. 94C, § 34.
[Added 1-28-2019 STM,
Art. 3]
A solar electric system that is structurally mounted on the
ground, not roof-mounted, and occupies more than 1,000 square feet
of land.
[Added 4-27-2012 ATM,
Art. 15]
Waste materials, including but not limited to solid wastes,
septic and other sludge, pesticide and fertilizer residues and wastes,
capable of releasing waterborne or soluble contaminants into the environment
by leaching.
[Added 4-28-1989 ATM,
Art. 21]
The horizontal area of the lot exclusive of any area in a
street or recorded way open to public use. At least ninety percent
(90%) of the lot area required for zoning compliance shall be land
other than that under water nine (9) months or more in a normal year
and other than any marsh, swamp or flat bordering on inland waters.
The boundary of a lot coinciding with a street line if there are both rights-of-access and potential vehicular access across that boundary to a potential building site and the street has been determined by the Planning Board to provide adequate access to the premises under the provisions of the Subdivision Control Law and the Sunderland Subdivision Regulations currently in effect [see Ch. 194, Subdivision of Land], to be measured continuously along one (1) street line between side lot lines or, in the case of corner lots, between one (1) side lot line and the midpoint of the corner radius. The portion of a lot fronting on a discontinued road, or a road which is not continuously constructed to a point beyond the border of the subject lot, does not constitute frontage for purposes of approval-not-required plans.
[Amended 4-24-1987 ATM,
Art. 34; 11-29-1999 STM, Art.
1]
The creation of more than four (4) lots or construction of
more than four (4) dwelling units, except as part of a flexible development
in accordance with § 125-Article IV-1 within a ten-year
period from or on a property or set of contiguous properties in common
ownership as of January 1, 1987. See also § 125-Article
IV-2.
[Added 4-24-1987 ATM,
Art. 32; amended 4-29-2011 ATM,
Art. 7; 4-26-2019 ATM, Art. 15]
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.
[Added 1-28-2019 STM,
Art. 3]
A marijuana cultivator, craft marijuana cooperative, marijuana
product manufacturer, marijuana retailer, independent testing laboratory,
marijuana research facility, marijuana transporter, or any other type
of marijuana-related business licensed by the Commonwealth of Massachusetts,
except a medical marijuana treatment center. Terms set forth herein
shall be interpreted in accordance with MGL c. 94G, § 1
and 935 CMR 500.000, et seq., as they be amended.
[Added 1-28-2019 STM,
Art. 3]
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.
[Added 1-28-2019 STM,
Art. 3]
Products that have been manufactured and contain marijuana
or an extract from 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.
[Added 1-28-2019 STM,
Art. 3]
An entity licensed to engage in research projects by the
Cannabis Control Commission.
[Added 1-28-2019 STM,
Art. 3]
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.
[Added 1-28-2019 STM,
Art. 3]
An entity, not otherwise licensed by the Cannabis Control
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.
[Added 1-28-2019 STM,
Art. 3]
A movable or portable dwelling unit on a chassis, designed
for connection to utilities when in use and designed without necessity
of a permanent foundation for year-round living.
Includes boardinghouses, dormitories or similar accommodations
intended for semi-permanent use. Accommodations shall be considered
motels or hotels if having a sign in excess of two (2) square feet
or other departure from residential character or having a specified
term of residence less than one (1) week, except where there is a
resident managing family on the premises and accommodation for fewer
than ten (10) nonresidents. Accommodations having individual kitchen
facilities (sink, range, and refrigerator) shall be considered dwelling
units.
[Amended 11-29-1999 STM,
Art. 1]
The workplace of computer software, insurance, or other business
professionals which may include space for appropriate support staff
(e.g., administrative assistants, etc.).
[Added 11-29-1999 STM,
Art. 1]
The workplace of physicians, lawyers, engineers, or other
licensed professionals which may include space for appropriate support
staff (e.g., nurses, administrative assistants, etc.).
[Added 11-29-1999 STM,
Art. 1]
All roads and parking areas shall be designed and paved in accordance with Chapter 194, Subdivision of Land.
[Added 11-29-1999 STM,
Art. 1]
A Planned Unit Development is a unified development containing
a mixture of land uses and buildings that is developed as a single
entity using a comprehensive site plan.
[Added 4-29-2005 ATM,
Art. 28]
The primary purpose for which land or a building is designed,
arranged, maintained or occupied.
[Added 11-29-1999 STM,
Art. 1]
A lot which does not meet the frontage requirements of the
Dimensional Schedule found in § 125-Article II-3-E, Dimensional
Schedule, but which does meet all the requirements of § 125-Article
II-3-C, Rear Lots in Residential Districts, or § 125-Article
II-3-D, Rear Lots in Commercial and Village Center Districts.
[Added 11-29-1999 STM,
Art. 1]
Premises for which the principal use is the preparation and
sale of food or drink to be consumed on-site.
[Added 11-29-1999 STM,
Art. 1]
A restaurant that incorporates facilities such as a drive-through
window that allows customers to purchase food or drinks while they
are seated in motor vehicles.
[Added 11-29-1999 STM,
Art. 1]
Premises for which the principal use is the preparation and
seasonal sale of local products, such as maple syrup, to be consumed
on-site. Such products must be primarily grown or prepared by the
owner of the premises and may be consumed on-site for a period of
not more than eight (8) weeks per year. The seating of a seasonal
restaurant may not exceed fifty (50) patrons in the Rural Residential
or Village Residential Districts.
[Added 11-29-1999 STM,
Art. 1]
A restaurant where food or drinks are purchased by customers
primarily for consumption off the premises without a drive-in or drive-through
window service.
[Added 11-29-1999 STM,
Art. 1]
See "street."
[Added 11-29-1999 STM,
Art. 1]
The required minimum distance between any structure and the
nearest lot line, right-of-way or street line, whichever is closest.
[Added 11-29-1999 STM,
Art. 1]
Any device displaying or any display of any letter, word,
picture, symbol or object designed to inform or attract the attention
of persons not on the premises on which such device or display is
located, including billboards, advertising devices attached to vehicles,
trailers or other movable objects regularly on display, and any internally
or decoratively illuminated building surface other than unobstructed
window glass.
[Amended 11-29-1999 STM,
Art. 1]
The surface area within a single continuous perimeter enclosing
all of the display area, but not including structural members not
bearing advertising matter unless internally or decoratively lighted.
One (1) side only of flat, back-to-back signs shall be counted.
Three (3) zoning overlay districts have been created to protect
natural resources in the Town of Sunderland. They are the Critical
Resource District, the Watershed District and the Prime Agricultural
District as defined in § 125-Article II-1, Districts, and
§ 125-Article II-4, Special Resource Districts. Such districts
are delineated on the Sunderland Zoning Map, which shall be on file
in the Town Clerk's office.
[Added 11-29-1999 STM,
Art. 1]
Either a public way or a way which the Town Clerk certifies is maintained and used as a public way, or a way shown on a plan theretofore approved in accordance with the Subdivision Control Law [see Ch. 194, Subdivision of Land]. Also a way in existence when the Subdivision Control Law became effective in Sunderland, having, in the opinion of the Planning Board, adequate width and construction and suitable grades (see Subdivision Regulations) to support the proposed use of the land to be served by it, including the installation of buildings and municipal services.
[Amended 11-29-1999 STM,
Art. 1]
Anything constructed or erected, the use of which requires
a fixed location on the ground, including swimming pools having a
capacity of four thousand (4,000) gallons or more and mobile homes.
Satellite television or reception dishes shall be deemed "structures"
and shall comply with applicable setback and other zoning requirements.
Structures are subject to the height requirements of these zoning
bylaws.
[Amended 4-25-1986 ATM,
Art. 15; 11-29-1999 STM, Art.
1; 4-24-2009 ATM, Art. 11]
Any substance or mixture of such physical, chemical or infectious
characteristics that could pose a significant, actual or potential
hazard to water supplies, or other hazard to human health, if it were
discharged onto the land or into the waters of this Town. "Toxic or
hazardous materials" include but are not limited to organic chemicals;
petroleum products; heavy metals; radioactive or infectious wastes;
and acids and alkalis; and include such products as pesticides, solvents
and thinners. Such materials include all materials listed as toxic
by the Environmental Protection Agency under the Toxic Substance Control
Act or Federal Resource Conservation Recovery Act or by the Commonwealth
of Massachusetts pursuant to applicable General Laws.
[Added 4-28-1989 ATM,
Art. 21; amended 11-29-1999 STM,
Art. 1]
Any public or private entity, other than residential, which
produces less than 27 gallons (100 kilograms) a month of hazardous
waste or waste oil, but not including any acutely hazardous waste
as defined in 310 CMR 30.136.
[Added 4-29-2011 ATM,
Art. 7]
The area of land surrounding a water body or aquifer that
naturally or artificially drains into the water body or aquifer. A
"watershed" collects precipitation as surface runoff and, through
underground seepage and percolation, produces groundwater flow.
[Added 4-28-1989 ATM,
Art. 21]
An open space, unoccupied and unobstructed by any structure,
that lies between the building nearest to the front, rear or side
lot line, right-of-way or street line, and is on the same lot with
such building or group of buildings, except the following:
[Amended 11-29-1999 STM,
Art. 1]
A yard extending the full width of the lot between a building
and the front lot line, right-of-way, or street line.
[Added 11-29-1999 STM,
Art. 1]
A yard extending the full width of the lot between a building
and a rear lot line, right-of-way, or street line.
[Added 11-29-1999 STM,
Art. 1]
A yard extending the full width of the lot between a building
and a side lot line, right-or-way or street line.
[Added 11-29-1999 STM,
Art. 1]
