All developments in the Town shall conform to the Rules and
Regulations Governing the Subdivision of Land in the Town of West
Springfield, Massachusetts, as amended.
Conventional residential development includes: any subdivision
of land, as defined in the Subdivision Control Laws, MGL c. 41, §§ 81K
to 81GG, to be developed for residential purposes; and the development
of a single-family home on a lot which does not require approval under
MGL Chapter 41.
A.
Multifamily dwellings permitted by site plan review. Multifamily dwellings shall be permitted only upon site plan review by the Planning Board, as specified in Articles XIII and XIV of this ordinance and in accordance with the additional requirements specified in § 300-8.2, in the Residence C (RC) District as noted in Table 5-1[1] and the Business A-1 (BA-1) and Business B-1 (BB-1) districts
as noted in Table 5-2.[2]
[1]
Editor's Note: Table 5-1 is included as an attachment to this chapter.
[2]
Editor's Note: Table 5-2 is included as an attachment to this chapter.
B.
Dimensional requirements.
(1)
All multifamily dwellings shall conform to the dimensional requirements specified in Table 6-1 and Table 6-2 in Article VI.[3]
[3]
Editor's Note: Tables 6-1 and 6-2 are included as attachments to this chapter.
(2)
The maximum permitted lot dimension is up to, but not including,
five acres for one or more contiguous complexes in common ownership.
C.
Open space requirements. Any required open space must be:
(1)
Maintained by the owner;
(2)
Devoted to plantings (including grass areas); and
(3)
Devoted to pedestrian -oriented paved areas designated for social
or recreational use in common by the residents of the complex, and
provided that such areas are kept essentially open to the out-of-doors
and are at ground level. Paved open space areas will be clearly designated
on building plans and provided and maintained with appropriate recreational
equipment. Specifically excluded from required open space are those
areas devoted to parking, parking access, and service drives, whether
or not designed for multiple use, and those areas deemed not usable
for recreational or other tenant use. In designating open space, due
regard shall be shown for all natural features which, if preserved,
will add attractiveness and value to the development.
A.
Since the dimensional requirements of § 300-8.2 may inhibit the imaginative use of various parcels, these dimensional regulations may be waived by the issuance of a special permit from the Zoning Board of Appeals with site plan review from the Planning Board, as specified in Articles XII, XIII and XIV of this ordinance and in accordance with the additional requirements specified herein.
B.
Site plans for special permits.
(1)
Site plans for special permits shall be drawn on Mylar or similar
durable materials at a scale of one inch equals 40 feet on standard
18-inch by 24-inch sheets or 24-inch by 36-inch sheets. Such plans
shall contain or be accompanied by the following information:
(a)
The name of the proposed development, its boundaries, North
point, size in acres, scale, soil types as determined by the United
States Soil Conservation Service[1] (available in the Planning Board office) or as determined
by the project engineer, number of units proposed, total floor area
of all buildings, and number of parking spaces;
[1]
Editor's Note: Now the Natural Resources Conservation Service
(b)
Name and address of owner, landscape architect, and architect
or engineer;
(c)
Existing and proposed topography at one-foot contour intervals
and methods of disposing of surface water. The project engineer shall
indicate on the site plan and also in writing that the proposed topography
shall not adversely affect abutting parcels through erosion, flooding
or similar conditions;
(d)
Location of utilities;
(e)
Major existing site features, including but not limited to walls,
fences, buildings, large trees and stands of trees, rock ridges and
outcroppings, swamps, wetlands, one-hundred-year floodplains and water
bodies (Note: The developer shall indicate in writing his intentions
with respect to preservation, removal or alteration of existing site
features.);
(f)
Location of proposed structures, buildings and roadways. Elevation
drawings of buildings and cross-sections of roadways shall be included;
(g)
Solid waste storage and other storage facilities, if any, and
proposed methods of screening such facilities from public view of
the residents of the proposed development;
(h)
Proposed location and type of bicycle paths, if any; and
(i)
Proposed location and type or design of plantings, signs, recreation
areas, and pedestrian walkways.
(2)
Those aspects of the site plan dealing with building placement,
design of pedestrian walkways and motor vehicle parking areas, screening
of storage and other facilities and development of landscaping plans
shall be prepared by a landscape architect licensed to practice in
the commonwealth.
C.
Dimensional requirements for multifamily dwellings in the RC, BA-1
and BB-1 Districts.
(1)
All multifamily dwelling units shall conform to the dimensional
requirements specified in Table 6-1 and Table 6-2,[2] in addition to the dimensional requirements specified
herein.
[2]
Editor's Note: Tables 6-1 and 6-2 are included as attachments to this chapter.
(3)
Floor area ratio. The floor area ratio (FAR) of principal buildings
shall not exceed 0.52.
(4)
Open space ratios.
(a)
Open space ratios (OSR) shall not be less than a 1:1 ratio (50%);
not more than 40% of that portion of any site which exceeds a slope
of 15% may be used to fulfill open space requirements. All portions
of a lot not devoted to a building or to required parking shall be
designated as open space. The required open space shall not be less
than 50% of the area of the multifamily development. All areas not
used for building, parking or required open space shall be maintained
in a natural and clean condition. Such areas may be used to complement
recreational areas.
(b)
The OSR is defined as the total area of open space divided by
the total site area in which the open space is located.
(5)
Maximum permitted lot dimension. The maximum permitted lot dimension
is up to, but not including, five acres for one or more contiguous
complexes in common ownership.
(6)
Minimum distance between buildings. The minimum distance between
principal buildings is twice the height of the higher building but
not less than 30 feet.
(7)
Setback of a building or structure from public streets or ways.
Setback of a building or structure from public streets or ways shall
not be less than 1.2 times the height of said building.
(8)
Distance of a building or structure from adjoining property
lines. Distance of a building or structure from adjoining property
lines shall not be less than 0.5 times the height of the building
at its highest point or 15 feet, whichever is greater.
D.
Additional requirements for multifamily dwellings in the Residence
C (RC), Business A-1 (BA-1) and Business B-1 (BB-1) Districts.
(1)
All utilities shall be placed underground.
(2)
Pedestrian walkways shall be provided to connect all buildings
to parking facilities and recreation areas. Walkways serving parking
facilities shall extend to the most distant portions of such facilities
and shall be clearly distinguished, through design and/or material,
and shall be protected from automobile parking spaces and driving
lanes.
(4)
Existing structures of historic value as listed by the West Springfield Historical Commission, the Lower Pioneer Valley Planning Commission publication, A Future For the Past, or subsequent directory or the National Register of Historic Places may be retained for any use permitted in the zoning district in which they are located if refurbished to a sound condition and if external architectural features are preserved and/or restored. Floor areas available in such structures shall be permitted in addition to floor areas developed through the use of the floor area ratio noted in Subsection C. Building coverage occupied by such structures may be deducted from the open space requirement set forth, and intrusion of such structures into required landscaped buffers is permitted.
E.
Open space requirements. Any required open space must be:
(1)
Maintained by the owner;
(2)
Devoted to plantings (including grass areas); and
(3)
Devoted to pedestrian-oriented paved areas designated for social
or recreational use in common by the residents of the complex, and
provided that such areas are kept essentially open to the out-of-doors
and are at ground level. Paved open space areas will be clearly designated
on building plans and provided and maintained with appropriate recreational
equipment. Specifically excluded from required open space are those
areas devoted to parking, parking access, and service drives, whether
or not designed for multiple use, and those areas deemed not usable
for recreational or other tenant use. In designating open space, due
regard shall be shown for all natural features which, if preserved,
will add attractiveness and value to the development.
A.
Multifamily dwellings shall be permitted in the Special Use (Multifamily)
Districts as noted in Table 5-4[1] only upon issuance of a special permit with site plan review from the Planning Board, as specified in Articles XII, XIII and XIV of this ordinance and in accordance with the additional requirements as specified in § 300-7.5.
[1]
Editor's Note: Table 5-4 is included as an attachment to this chapter.
B.
Dimensional requirements. All multifamily dwellings shall conform
to the dimensional requirements specified in Table 6-1 and Table 6-2.[2]
[2]
Editor's Note: Tables 6-1 and 6-2 are included as attachments to this chapter.
C.
Open space requirements. Any required open space must be:
(1)
Maintained by the owner;
(2)
Devoted to plantings (including grass areas); and
(3)
Devoted to pedestrian-oriented paved areas designated for social
or recreational use in common by the residents of the complex, and
provided that such areas are kept essentially open to the out-of-doors
and are at ground level. Paved open space areas will be clearly designated
on building plans and provided and maintained with appropriate recreational
equipment. Specifically excluded from required open space are those
areas devoted to parking, parking access, and service drives, whether
or not designed for multiple use, and those areas deemed not usable
for recreational or other tenant use. In designating open space, due
regard shall be shown for all natural features which, if preserved,
will add attractiveness and value to the development.
In addition to all other appropriate regulations of § 300-7.5, mobile home parks in the Special Use Mobile Home (SU-H) District shall be subject to the following requirements:
A.
Site selection criteria. Sites for mobile home parks shall be well
drained and such drainage shall not adversely affect surrounding areas;
in addition, significant environmental assets such as streams, brooks,
large stands of trees, etc., shall be preserved. Mobile home sites
shall not be subject to flooding, fire or safety hazards nor exposed
to chronic nuisances such as noise, smoke, fumes, or odors.
B.
Density. Densities within mobile home parks shall not exceed six
units per acre.
C.
Buffers. Mobile home parks shall provide the following buffers along
their property lines. Such buffers, exclusive of reasonable access,
shall be landscaped.
D.
Access and interior roadways.
(1)
A mobile home park shall have at least one direct access to
a public street by a roadway at least 30 feet in width.
(2)
All other roadways within the park shall be at least 24 feet
in width and shall provide access to each mobile home space.
(3)
All roadways within a mobile home park shall be paved.
E.
Setbacks and required mobile home spaces. The following requirements
shall govern the placement of mobile homes within any mobile home
park:
(1)
Mobile home space: at least 4,000 square feet shall be provided
for each mobile home.
(2)
Required front and rear yard: 20 feet. (Note: All required front
yard areas shall be landscaped, except for access to required parking
spaces.)
(3)
Required side yards: 10 feet. (Note: A side yard abutting a
roadway within a mobile home park shall be at least 20 feet deep.)
F.
Recreational areas. Any mobile home park shall provide an area not
less than 8% of the total area of the park or 25,000 square feet,
whichever is greater, for recreational use by the residents of the
park. Such area shall be distinct from any area designated a roadway,
parking area, circulation and access drive, mobile home space, storage,
management or service area or any buffer area required elsewhere in
this ordinance. Areas within the park possessing such characteristics
as severe wetness, extreme slope, shape or such other conditions which
would preclude reasonable use for recreation shall not be included
within the required area.
G.
Walkways and required lighting.
(1)
Those areas within a mobile home park, such as recreation areas,
service and management facilities which can be expected to generate
pedestrian traffic shall be provided with paved walkways at least
3.5 feet wide.
(2)
All roadways and walkways within a mobile home park shall be
well-lighted at night.
H.
Storage areas.
(1)
An open storage area for boats, boat trailers, camping units
and similar vehicles and surfaced with gravel, asphalt, concrete or
similar substance shall be provided within the mobile home park at
the rate of at least 50 square feet per mobile home space.
(2)
An enclosed storage area of structure for the personal use of
mobile home residents shall be provided at the rate of at least 50
square feet but not more than 100 square feet per mobile home space.
Such storage structure or area may be located on each mobile home
space or within a conveniently located building(s). All storage structures
placed on mobile home spaces shall be considered an integral part
thereof and shall be subject to the front, rear and side yard requirements
applicable to such mobile home.
I.
Parking and other requirements.
(1)
On-street parking and parking within the required front yard
of any mobile home space is not permitted.
(2)
Parking for each mobile home space shall be provided in accordance with the requirements for single-family homes contained in § 300-9.0 of this ordinance. However, fewer parking spaces than required by § 300-9.0 may be proposed by the petitioner and approved by the Planning Board, provided:
(a)
The petitioner demonstrates to the Planning Board that the number
of spaces he will provide is sufficient to meet the needs of residents
and visitors of the mobile home park; and
(b)
Further provided that the petitioner reserves sufficient undeveloped land to meet the full requirements of § 300-9.0. Such land shall be distinct from required recreational, buffer, storage and walkway areas.
(c)
In no case shall less than one space per mobile home space be
provided.
(3)
Required parking spaces may be included within each mobile home
space.
(4)
No building within a mobile home park shall exceed a height
of 20 feet above finished grade.
(5)
All mobile homes within a mobile home park shall have a skirting
of a rigid type of material. Such skirting shall be in place within
30 days after a mobile home is placed on a mobile home space.
J.
Required facilities. The location of required facilities, including but not limited to open and enclosed storage areas, recreational space, buffer areas and parking areas, shall be clearly designated on the site plan required under the special use provisions of this § 300-8.5.
K.
Ownership and management. Mobile home parks shall be owned by a legal
entity which shall be responsible for the management of the park in
compliance with the requirements of this ordinance and the provisions
of MGL c. 140, §§ 32A through 32Q, as amended.
A.
Residential cluster developments shall be allowed by special permit
in Residence A, Residence A-1 and Residence A-2 Zoning Districts in
accordance with Table 6-1A[1] and this ordinance. For the purposes of this section,
the Planning Board shall be the special permit granting authority.
[1]
Editor's Note: Table 6-1A is included as an attachment to this chapter.
B.
Cluster applications shall be accompanied by two preliminary plans,
one of which shall depict the tract developed in a conventional manner
and one which shall show the tract developed in a cluster fashion.
Five prints of each plan shall be filed with the Planning Board.
C.
The number of building lots permitted on the cluster plan shall not
exceed the number shown on the conventional plan. Lot area, width
and yard dimensions for each plan shall be governed by the appropriate
zone requirements set forth in this ordinance. Cluster construction
on existing ways shall conform to the conventional requirements of
the zone in which it is located.
D.
All land in the tract not used for lots or roads shall be open space
as set forth herein.
E.
Open space.
(1)
The required open space within the cluster development shall
be owned and maintained by the developer for park or open space use
until it is owned in one or more of the following ways:
(2)
In any case where such land is not conveyed to the Town, a restriction
enforceable by the Town of West Springfield shall be recorded providing
that such land shall be kept in an open or natural state and not be
built for residential use or developed for accessory uses such as
parking or roadways.
F.
Open space in a cluster development, whether publicly or privately
owned, may be used only for noncommercial open recreation or conservation
purposes, including accessory structures related to recreation, such
as shelters for players or play equipment, tennis courts, and swimming
pools.
[Amended 7-18-2022]
A.
Purpose. The purpose of this section is to provide for the limited
establishment of medical marijuana treatment centers for the medical
use of marijuana products and marijuana establishments for the nonmedical
use of marijuana products, as they are authorized pursuant to applicable
state laws and regulations.
B.
General requirements.
(1)
Allowed marijuana uses.
(a)
Marijuana retail stores and marijuana production facilities
shall be allowed only after the granting of a special permit by the
Planning Board, subject to the requirements set forth in this section.
(b)
Either marijuana retail stores or marijuana production facilities, as defined in Article II of this Zoning Ordinance, may be established to provide marijuana products for medical or nonmedical use, or both, in accordance with applicable state laws and regulations.
(c)
A marijuana retail store or marijuana production facility that
has previously received a special permit from the Planning Board to
authorize a registered marijuana dispensary shall be required to amend
its previously issued special permit to authorize the conversion to
or colocation of a marijuana establishment for the nonmedical use
of marijuana.
(2)
Licenses and registration. A special permit issued pursuant
to this section shall be conditioned on the permittee maintaining
all required state and local licenses and/or registrations and complying
with all applicable state and local public health regulations and
all other applicable laws, rules and regulations at all times. No
building permit or certificate of occupancy shall be issued for a
marijuana use that is not properly licensed and/or registered with
the applicable state and local agencies.
(3)
Limitation of approval. A special permit authorizing the establishment
of a marijuana retail store or marijuana production facility shall
be valid only for the licensed or registered entity to which the special
permit was issued, and only for the site on which the marijuana retail
store or marijuana production facility has been authorized by special
permit. If the license or registration for a marijuana use has not
been renewed or has been revoked, transferred to another controlling
entity, or relocated to a different site, a new special permit shall
be required prior to issuance of a certificate of occupancy.
(4)
Building. A marijuana retail store or marijuana production facility
shall be located only in a permanent building and not within any mobile
facility. All sales, cultivation, manufacturing, and other related
activities shall be conducted within the building, except in cases
where home deliveries are authorized to serve qualified medical marijuana
patients pursuant to applicable state and local regulations.
(5)
Marijuana research and testing facilities. A marijuana establishment
that is licensed as a marijuana independent testing laboratory or
marijuana research facility pursuant to applicable state laws and
regulations, but is not authorized to sell or otherwise transfer marijuana
products to consumers or to cultivate, manufacture, or otherwise produce
marijuana products that are intended to be sold or otherwise transferred
to consumers, shall be regulated within the Tables of Use Regulations
of this Zoning Ordinance as a "Scientific and/or research laboratory."
Such establishment shall comply with all state and local laws and
regulations, including regulations promulgated by the West Springfield
Board of Health, where applicable.
(6)
Limitation. No more than three marijuana retail stores shall
be permitted within the Town of West Springfield.
C.
Location standards.
(1)
Marijuana retail stores.
(a)
Marijuana retail stores shall be allowed only by Planning Board
special permit within the following districts: Business A (BA), Business
B (BB), Industrial (I), Industrial Park (IP) and Industrial Park-Light
(IP-L) Districts, and special districts and overlay districts whose
use regulations are based on those of any of the aforementioned districts,
subject to any limitations set forth in the regulations of those districts.
(b)
A marijuana retail store shall not be permitted within 1,300
feet of another marijuana retail store, except if the applicant has
been designated as an Economic Empowerment Applicant or certified
as eligible to participate in the Social Equity Program by the Massachusetts
Cannabis Control Commission and it is made a condition of the special
permit that such designation or eligibility shall be maintained.
(c)
All products offered to consumers shall be prepackaged off-site,
and no packaging or repackaging of marijuana products shall take place
on the premises of a marijuana retail store unless it is also meets
the requirements for a marijuana production facility.
(2)
Marijuana production facilities shall be allowed only by Planning
Board special permit in the Business B (BB), Business B-1 (BB-1),
Industrial (I) and Industrial Park (IP) Districts, provided that the
establishment is not greater than 10,000 square feet in gross floor
area.
(3)
Buffer zones.
(a)
A marijuana retail store or marijuana production facility shall
not be permitted within 500 feet of a preexisting public or private
school providing education in kindergarten or any of grades one through
12.
(b)
A marijuana retail store or marijuana production facility shall
not be permitted within 500 feet of a preexisting public children's
playground, public youth athletic field, or public youth recreation
facility.
(c)
A marijuana retail store or marijuana production facility shall
not be permitted within 300 feet of a preexisting residential structure.
D.
Application requirements. An application to the Planning Board shall
contain, at a minimum, the following information:
(1)
Description of activities: a narrative providing information
about the type and scale of all activities that will take place on
the proposed site, including but not limited to cultivating and processing
of marijuana products, on-site sales, off-site deliveries, distribution
of educational materials, and other programs or activities.
(2)
Context map: a map identifying, at a minimum, the location of the proposed establishment, the locations of all other marijuana uses in the vicinity, the locations of all public or private schools providing education in kindergarten or any of grades one through 12, and the locations of all children's playgrounds, youth athletic fields, or other youth recreation facilities, with measured distances provided to demonstrate whether the location complies with the standards of Subsection C(3) above.
(3)
Site plan: a plan or plans depicting all existing and proposed
development on the property, including the dimensions of the building,
the detailed layout of automobile and bicycle parking, the location
of pedestrian, bicycle and vehicular points of access and egress,
the location and design of all loading, refuse and service facilities,
the location, type and direction of all outdoor lighting on the site,
and any landscape design.
(4)
Building elevations and signage: architectural drawings of all
exterior building facades and all proposed signage, specifying materials
and colors to be used. Perspective drawings and illustrations of the
site from public ways and abutting properties are recommended but
not required.
(5)
Logistics plan: a plan identifying the on-site or off-site locations
where deliveries and loading functions will take place and a narrative
describing how deliveries to the site, loading, and other service
functions will be conducted, as well as a plan and narrative identifying
the transportation options for customers and employees, including
public transportation services, on-site and off-site parking facilities,
and bicycle facilities.
(6)
License or registration materials: copies of all materials submitted
to applicable state and local agencies for the purpose of licensing
and/or registration, and any certification or license issued by any
such agency, excluding any information required by law to be kept
confidential.
(7)
Host community agreement: a narrative describing progress that
has been made at the time of application toward establishing a host
community agreement with the Town of West Springfield.
E.
Special permit criteria. In granting a special permit for a marijuana retail store or marijuana production facility, in addition to the general criteria for issuance of a special permit as set forth in Article XII of this Zoning Ordinance, the Planning Board shall find that the following criteria are met:
(1)
The site is designed such that it provides convenient, safe
and secure access and egress for customers and employees arriving
to and leaving from the site using all modes of transportation, including
drivers, pedestrians, bicyclists and public transportation users.
(2)
On-site loading, refuse and service areas are designed to be
secure and shielded from abutting uses.
(3)
The building and site have been designed to be compatible with
other buildings in the area and to mitigate any negative aesthetic
impacts that might result from required security measures and restrictions
on visibility into the building's interior.
(4)
In retail areas, the location and design of the marijuana use
will not detract from the sense of activity with opaque, unwelcoming
facades at the ground floor. Where interior activities must be screened
from public view, such areas should be screened by transparent, publicly
accessible active business uses where possible. Opaque facades should
be minimized, and where they are necessary, they should include changing
public art displays or other measures to provide visual interest to
the public.
(5)
If the proposed marijuana retail store or marijuana production
facility is not proposed to include a medical marijuana treatment
center, it will nevertheless provide programs to assist qualifying
patients within the Town or neighborhood who are registered through
the Massachusetts Medical Use of Marijuana Program in obtaining services
under that program.
A.
For the purposes of this use, the Planning Board shall be the special
permit granting authority.
B.
The property for the use of a massage service establishment shall
not be located within 100 feet of any property utilized for any adult
theater, adult bookstore or adult club as defined by this ordinance.
C.
In addition to the requirements of the special permit, the proposed
use of the property shall conform to all requirements of the Zoning
Ordinance as it relates to parking, landscaping and signage.
[Added 12-3-2018]
A.
Application. This section shall apply to the accessory use of keeping
of hens in residential zones. It shall not apply to agricultural uses
exempt under MGL c. 40A, § 3.
B.
HEN
HENHOUSE (or COOP)
PEN (or RUN)
ROOSTER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A female chicken.
A structure designed to house hens.
A completely enclosed outdoor area designed to allow hens
access to the outdoors while providing protection from predators.
A male chicken.
C.
Standards and conditions.
(1)
Keeping of hens for commercial use shall be prohibited.
(2)
Slaughter of hens on the premises shall be prohibited.
(3)
Hens shall be contained within an enclosed structure ("coop")
or fenced area at all times; free-range roaming shall be prohibited.
(4)
Coops shall have a minimum of three square feet per hen. Coops
shall be connected to a fenced run, which shall provide a minimum
of 10 square feet per hen.
(5)
All structures used for the keeping of hens shall:
(a)
Be located in the rear yard.
(b)
Be set back a minimum of 15 feet from all lot lines.
(c)
Be located at least 50 feet from any building or structure used
for human habitation that is located on abutting property, which shall
include property that borders on and directly touches the property
border of the applicant as well as property directly opposite the
applicant on any public or private street or way.
(d)
Be located at least 200 feet from the high water mark of any
known source of drinking water supply or any tributary thereof, or
any surface water and at least 50 feet from any well. "Surface water"
shall mean all waters other than groundwater, including, without limitation,
rivers, streams, lakes, ponds, springs, estuaries, wetlands, and vernal
pools.
(6)
In addition to complying with all of the above requirements,
any person proposing to keep hens shall at all times be in compliance
with the Board of Health Regulations pertaining to the keeping of
hens, and shall obtain a license from the Board of Health prior to
the construction of a henhouse and procurement of any hens.
D.
Special permit requirements.
(1)
Required information:
(a)
If the applicant is not the property owner, the applicant shall
provide a written statement from the property owner(s) authorizing
the applicant to keep hens on the property. The statement shall include
the maximum number of hens allowed by the property owner.
(b)
Site plan, drawn to scale, showing property boundaries and the
layout of all structures and uses on the primary lot, as well as location
of structures on abutting lots. The site plan shall also indicate
any surface water or drinking water supply or tributary thereof within
200 feet of the proposed henhouse, and any well within 50 feet of
the proposed henhouse.
(c)
Maximum number of hens proposed to be kept.
(d)
Other appropriate information and materials necessary to demonstrate
that the proposed keeping of hens will not be a nuisance due to noise,
odor, damage, or threat to public health.
(2)
Required findings:
(a)
The proposed henhouse is in compliance with all required setbacks
from lot lines, dwellings, and water features.
(b)
The proposed henhouse will provide adequate space for the requested
number of hens.
(c)
The proposed keeping of hens will be for personal use by the
applicant only, and not for the sale of eggs, fertilizer, breeding,
or other commercial use.
(d)
The proposed keeping of hens will not constitute a nuisance
by reason of noise, odor, damage, or threat to public health.
