A.
For the
purpose of this ordinance, certain terms or words used herein shall
be interpreted as follows: Words used in the present tense include
the future; "lot" includes "plot"; "occupied" includes "designed,"
"arranged," or "intended to be occupied"; "used" includes "designed,"
"arranged," or "intended to be used"; the term "shall" is always mandatory;
the use of the masculine herein shall also include the feminine.
B.
Diagrams
are for reference and do not constitute part of the adopted ordinance.
Unless otherwise expressly stated, the following words and terms
shall, for the purpose of this ordinance, have the meanings herein
given:
That portion of a street from the paved or traveled portion
to a lot line that provides access to a driveway and/or parking lot
serving a lot.
The subordinate use of a building or premises for a purpose
customarily incidental to a main or principal use permitted in the
district in which it is located.
An establishment having as a substantial or significant portion
(greater than 20%) of its stock-in-trade, books, magazines, visual
material and other matter which is distinguished or characterized
by its emphasis depicting, describing, or relating to nudity, sexual
conduct or sexual excitement, all as defined in MGL c. 272, § 31.
An establishment which, as a form of entertainment, allows
a person or persons to perform in a state of nudity as defined in
MGL c. 272, § 31.
A building used for presenting material distinguished by
an emphasis on matter depicting, describing, or relating to nudity,
sexual conduct or sexual excitement, all as defined in MGL c. 272,
§ 31.
A planned development of land consisting of multiple structures constructed expressly for use and residency by persons who have achieved the minimum age requirement for residency of 55 years or older, as permitted by MGL c. 151B, § 4, Subsection 6 (as amended).
The production, keeping or maintenance, for sale or lease,
of plants and animals useful to man, including, but not limited to:
forages and sod crops; grains and seed crops; dairy animals and dairy
products, poultry and poultry products; livestock, including beef
cattle, swine, horses, mules, ponies, or goats or any mutations or
hybrids thereof, including the breeding and grazing of any or all
such animals, bees, and apiary products, for animals, trees and forest
products; fruits of all kinds, including grapes, nuts and berries,
vegetables, floral, nursery, ornamental and greenhouse products, or
lands devoted to a soil conservation or forestry management program.
Agriculture shall exclude the growing, cultivation, processing, distribution
or dispensation of marijuana or cannabis.
[Amended 7-18-2022]
Any construction, reconstruction or other action resulting
in a change in the structural parts, height, number of stories, entrances,
exits, size, use or location of a building or other structure.
An establishment where animals (pets) are admitted principally
for examination, treatment, or care by a doctor of veterinary medicine,
and which does not include outside runs and kennels. Boarding is provided
only for medical purposes or treatment.
An institution in the commercial world, empowered to receive
deposits of money, to make loans, and to issue its promissory notes
(designed to circulate as money and commonly called "bank notes" or
"bank bills") or to perform any one or more of these functions.
An owner-occupied single-family dwelling which may rent rooming
units for transient occupancy and where a breakfast is included in
the rent and all accommodations are reserved in advance.
The Zoning Board of Appeals of the Town of West Springfield,
Massachusetts.
Any dwelling unit in which more than three persons, whether
individually or as families, are housed or lodged for hire, with or
without meals. A motel, rooming house or a furnished rooming house
shall be deemed a boardinghouse.
An establishment primarily engaged in the on-site manufacture,
blending, fermentation, processing, and packaging of alcoholic beverages,
for wholesale or retail distribution, as allowed by state law. The
establishment may include accessory uses such as: tasting room for
on-site consumption of the product produced on-site, retail sales
of the product produced on-site and related goods, and/or tours of
the production facility, provided that all production, processing,
distribution, and storage activities are to be conducted within an
enclosed building.
[Added 4-23-2018]
A landscaped area intended to separate and partially obstruct
the view of two adjacent land uses or properties from one another.
See Diagram 2-1.
 |
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals,
or chattel. The word "building" shall be construed, where the context
allows, as though followed by the words "or part or parts thereof."
That percentage of a lot covered by buildings or structures.
The vertical distance from the mean finished grade of the
ground adjoining the building to the highest point of the roof for
flat or shed roofs, to the deck line for mansard roofs, and to the
mean height between eaves and ridge for gable, hip, and gambrel roofs.
Not included are spires, cupolas, TV antennas, or other parts of structures
which do not enclose potentially habitable floor space.
The line established by law, beyond which a building shall
not extend, except as specifically provided by law.
See "lot, building."
A detached building:
A building having any portion of one or more walls in common
with adjoining buildings.
See "nonconforming building.'
See "principal building."
The transaction or carrying on of a trade or commercial enterprise,
not manufacturing, with a view to profit or for a livelihood.
Establishment 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 services; management and consulting services; protective
services; equipment rental and leasing; commercial research, etc.
An area of land and/or a structure with machine- or hand-operated
facilities used principally for the cleaning, washing, polishing,
or waxing of motor vehicles.
A place or area of land, set apart for the burial of the
dead, operated, managed and controlled under the provisions of Massachusetts
General Laws Chapter 114, or a burial place under the care and supervision
of the Town or other public authority.
A written form signed by the Building Inspector certifying
that the stated and described use, structure and/or lot conforms with
this ordinance or, in the case of an appeal, variance or special permit,
with written conditions of the Board of Appeals, Planning Board or
Town Council as appropriate.
Any facility operated on a regular basis whether known as
a "day nursery," "nursery school," "kindergarten," "child play school,"
"progressive school," "child development center," or "preschool,"
or known under any other name, which receives children not of common
parentage under seven years of age, or under 16 years of age if such
children have special needs, for nonresidential custody and care during
part or all of the day separate from their parents. A day-care center
shall not include: any part of a public school system; any part of
a private, organized educational system, unless the services of such
system are primarily limited to kindergarten, nursery or related preschool
services; a Sunday school conducted by a religious institution; a
facility operated by a religious organization where children are cared
for during short periods of time while persons responsible for such
children are attending religious services; a family day-care home;
an informal cooperative arrangement among neighbors or relatives;
or the occasional care of children with or without compensation therefor.
Premises or building of a membership organization exclusively
servicing members and their guests but not including any vending standards,
merchandising, or commercial activities except as required generally
for the membership and purpose of such club; does not include sports
clubs, or clubs or organizations whose chief activity is a service
customarily carried on as a business.
An alternative division of a tract of land into lots for
use as single-family sites in which reduced area and setback requirements
may be authorized by special permit in exchange for the reservation
of open space. The development may be developed in accordance with
specific cluster requirements of Table 6-1A of this ordinance.[1]
Any combination of structures, devices and elements which
rely upon solar photovoltaic cells and arrays to generate electricity
primarily for use off-site.
Any establishment/repair shop where the repair of household
items, except motor vehicles, occurs. Consumer service establishments
include, but are not limited to: furniture upholstery and the repair
of lawn mowers, snowblowers, or electrical appliances.
A premises used by a contractor or subcontractor for storage
of equipment and supplies, fabrication of subassemblies, or parking
of wheeled equipment.
Any retail establishment offering for sale prepackaged food
products, household items, and other goods commonly associated with
the same and having a gross floor area of less than 5,000 square feet.
A lot or a parcel of land abutting upon two or more streets
at their intersection, or upon two parts of the same street forming
an interior angle of less than 135°. See Diagram 2-2.
 |
A member-owned, nonprofit, cooperative thrift institution
operated under state and federal law and regulation.
Separated from.
A dwelling which is not attached to any other dwelling by
any means.
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any structure; any mining, excavation,
landfill or land disturbance, and any use or extension of the use
of land.
A zoning district as established by Article III of this ordinance.
A business establishment so designed that a portion of its
retail or service character is dependent on providing a driveway approach
for motor vehicles to serve patrons while in the motor vehicle, rather
than from within the building.
A space, located on a lot, built for access to a garage or
off-street parking or loading space.
An aisle within a parking lot or structure intended to provide
access to one or more parking spaces located therein.
A privately or publicly owned permanent structure, containing
a dwelling unit or dwelling units. Hotels, lodging houses, hospitals,
membership clubs, motels or rooming houses shall not be considered
dwellings.
A building or portion thereof providing complete housekeeping
facilities for living, sleeping, cooking and eating for one family.
See "detached dwelling."
See "multifamily dwelling."
See "one-family dwelling."
See "two-family dwelling."
A business operation, whether a principal use or accessory
use, where persons utilize electronic machines or devices, including,
but not limited to, computers and gaming terminals, to conduct games
of chance, and where cash, prizes, merchandise or other items of value
are redeemed or otherwise distributed, whether or not the value of
such redeemed or distributed items is determined by the electronic
games played or by predetermined odds. This definition shall not apply
to electronic games authorized by the Massachusetts State Lottery
Commission.
[Added 7-20-2020]
To build, construct, reconstruct, move upon, or conduct any
physical development of the premises required for a building. To excavate,
fill, drain and like preparation for building construction shall also
be considered to erect.
One or more persons who live together in one dwelling unit
and maintain a common household. May consist of a single person or
of two or more persons, whether or not related by blood, marriage
or adoption. May also include domestic servants and gratuitous guests.
Any private residence which, on a regular basis, receives
for temporary custody and care during part or all of the day, children
under seven years of age or children under 16 years of age if such
children have special needs; provided that the total number of children
shall not exceed six, including participating children living in the
residence. "Family home day care" shall not mean a private residence
used for an informal cooperative arrangement among the neighbors or
relatives, or the occasional care of children with or without compensation.
An artificially constructed barrier of any material or combination
of materials erected to enclose or screen areas of land.
Any deposit, placement, storage, redistribution of soil,
earth, sand, gravel, rock, loam, or other similar material on any
land, wetland, or in watercourses, and including the conditions resulting
therefrom.
The prepared level of land and all paved surfaces at the
time construction is complete and a site is ready for its intended
use.
Those districts in the Town in which fireproofing requirements
of the Massachusetts State Building Code for commercial and industrial
structures apply. Depending upon the degree of fireproofing required,
such districts shall fall into one of the two categories: Fire District
Number 1 or Fire District Number 2.
Any land area susceptible to being inundated by water from
any source.
Structures which meet the requirements of FIA Regulations
1910.3(c)3, 4, including for the purposes of this section all requirements
for certification contained therein.
[Amended 7-16-2013]
The channel of a stream plus any portion of the adjacent
bank and land designated to be kept free of encroachment so that the
discharge of the base flood may be carried without increase in flood
elevation as designated within the Town of West Springfield on the
Hampden County Flood Insurance Rate Map (FIRM) issued by the Federal
Emergency Management Agency (FEMA) for the administration of the NFIP
dated July 16, 2013, and further defined by the Flood Insurance Study
booklet dated July 16, 2013.
[Amended 7-16-2013]
The ratio of the gross floor area of all buildings on a site
to the total area of the site itself. The floor area ratio permitted
within a zoning district multiplied by the total area of a site will
indicate the total gross floor area permitted on the site.
See "gross floor area."
The cultivation of ornamental flowering plants.
The linear distance of a lot adjacent to a single street
measured continuously along one street line between its side lot lines
and their intersection with the street line. (See Diagram 2-3.) That
portion of a lot adjacent to a road which has been discontinued or
which, in the opinion of the Planning Board, is not sufficient to
provide safe and unimpeded access to the parcel for ordinary two-wheel
drive cars and/or emergency vehicles, does not constitute frontage.
 |
A building or part thereof used for human funeral services.
Such building may contain space and facilities for:
Embalming and the performance of other services necessary for
the preparation of the dead for burial;
The performance of autopsies and other surgical procedures;
The storage of caskets, funeral urns, and other related funeral
supplies;
The storage of funeral vehicles;
Facilities for cremation; and
The living quarters of an individual whose bona fide occupation
is in the funeral establishment.
A full-service retail facility containing 20,000 square feet
or more of gross floor area that specializes in the sale of furniture.
Furniture stores having less than 20,000 square feet of gross floor
area shall be considered a retail store as defined by this ordinance.
The use of a building, structure and/or land which has for
its principal purpose the conduct of games, sports or other activities
the outcome of which is the subject of wagers for money or other stakes.
An accessory building used only for the storage of motor
vehicles.
A building, or portion thereof, other than a private customer
and employee garage or private residential garage, used primarily
for the parking and storage of vehicles and available to the general
public.
Any building, premises, or land in which or upon which a
business, service, or industry involving the maintenance, servicing,
repair, cleaning, preparation, or painting of motor vehicles is conducted
or rendered.
An establishment where the primary business includes a yard
of plantings and landscape stock and where tools, applications, and
other necessities used in the practice of gardening are sold.
A building, or part thereof, for the retail sale of gasoline,
oil, and auto accessories. Specifically excluded from this definition
are so-called "self-serve" gasoline filling stations.
See "self-serve gasoline filling station."[3]
Premises used for the gainful purpose of propagation of trees,
shrubs, vines, flowers, or other plants for transplanting, stock for
grafting, or for cut flowers.
The sum of the gross horizontal area of the several floors
of a principal building and its faces of the walls. It does not include
cellars; unenclosed porches or attics not used for human occupancy;
open-air malls within a shopping center utilized purely for pedestrian
circulation and/or decorative purposes between individual shops of
the center; any floor space in an accessory or principal building
intended and designed for the parking of motor vehicles in order to
meet the parking requirements of this ordinance.
A solar photovoltaic system which includes appurtenant or
accessory buildings and structures that are mounted on the ground
and are not mounted on the roof of a structure. All such appurtenant
structures include but are not limited to equipment shelters, storage
facilities, transformers, and substations.
Any substance or mixture of such chemical, physical or infectious
characteristics as to pose a significant, actual or potential hazard
to water supplies, or other hazard to human health, if such substance
or mixture were discharged on land or into air or waters. Hazardous
materials are those designated by the United States Environmental
Protection Agency (EPA) and the regulations of the Massachusetts Waste
Management Act (MGL c. 21C) and include, without limitation, organic
chemicals, petroleum products, heavy metals, radioactive or infectious
wastes, acids and alkalis, and include such products as pesticides,
herbicides, solvents and thinners.
An area, either at ground level or elevated on a structure,
that is used for the landing and take-off of helicopters. According
to Federal Aviation Administration (FAA) guidelines contained in FAA
publication Heliport Design Guide, November 5, 1969, heliports may
be divided into three classes:
In addition, heliports may be divided into three subclasses:
Any clear path selected for flight extending upward and outward
from the edge of a landing and take-off area. No such path shall be
selected unless it has received any necessary approvals from the Federal
Aviation Administration (FAA) and/or Massachusetts Aeronautics Commission
(MAC).
That specific area in which the helicopter actually lands
and takes off, including the touchdown area.
That take-off and landing area intended for temporary or
occasional helicopter use but not formally designated as a heliport.
A female chicken.
[Added 12-3-2018]
A structure designed to house hens.
[Added 12-3-2018]
Any use customarily conducted entirely within a dwelling
and carried on by the inhabitants thereof, which use is clearly incidental
and secondary to the use of the dwelling for dwelling purposes and
does not change the character thereof. The conducting of a clinic,
hospital, barber shop, beauty parlor, tea room, tourist home, animal
hospital or any similar use shall not be deemed to be a home occupation.
The cultivation of a garden or orchard.
A building providing, among others, twenty-four-hour in-patient
services for persons admitted thereto for the diagnosis, medical,
surgical or restorative treatment or other care of human ailments,
including a sanitarium; not to be interpreted to include a doctor's
office, a medical clinic, a life-care facility, rest home, nursing
home or convalescent home.
A building providing for the diagnosis and treatment of ailments
of animals other than human, including facilities for overnight care,
but not including crematory facilities.
A building containing rooms intended or designed to be used
or which are used, rented or hired out to be occupied or which are
occupied for sleeping purposes by guests and where only a general
kitchen and dining room which may be provided within the building
or in an accessory building. Access to the individual sleeping rooms
is usually through a lobby and interior corridors; not to be interpreted
to include a bed-and-breakfast establishment, motel, boardinghouse
or lodging house.
Any material that substantially reduces or prevents the infiltration
of water into the underlying soil. It includes streets, roofs, driveways,
parking lots, and other similar surfaces.
That percentage of a lot covered by any material that substantially
reduces or prevents the infiltration of water into the underlying
soil. This shall include but is not limited to patios, roofs, driveways,
streets, parking lots, and other similar surfaces. Porous paving,
paver blocks, gravel, crushed stone, elevated structures (including
decks), and other similar structures, surfaces or improvements are
considered impervious cover.
[Added 5-16-2022]
The electrical component(s) of a solar photovoltaic installation
that convert(s) DC current to AC current.
A lot, land or structure, or part thereof, used primarily
for the collecting, storage and sale of wastepaper, rags, scrap metal
or discarded material; or for the collecting, dismantling, storage
and salvaging of machinery or vehicles not in running condition and
for the sale of parts thereof.
An establishment licensed to operate a facility housing dogs,
cats, or other household pets and where grooming, breeding, boarding,
training or selling of animals is conducted as a business.
Any building or land designed or arranged for the care of
dogs, cats or other household pets belonging to the owner of the residential,
principal use, kept for purposes of show, hunting, or as pets.
An area of a lot which includes an expanse of natural vegetation
or the addition of lawns, trees, plants and other natural and decorative
features to the lot. In all cases where landscaping or planting is
required by the provisions of this ordinance, such trees, shrubs and
other plant materials must be live specimens as opposed to artificial
plant materials.
A business that provides home-type washing, drying, and/or
ironing machines for hire to be used by customers on the premises.
The net floor area within a dwelling unit, exclusive of utility
rooms, closets, attics, and cellars.
An off-street space or berth used for the loading and unloading
of commercial vehicles.
A place where members of a local chapter of an association
hold their meetings; and the local chapter itself.
A building in which lodgings are let to five or more persons
and in which no meals are furnished. It shall not be interpreted to
include dormitories of charitable, educational or philanthropic institutions,
hotels, motels, life-care facilities, or nursing homes.
A parcel of land. In order to be used for building purposes,
it must meet the criteria for a building lot.
LOT, CORNERSee "corner lot."
LOT, INTERIORAny lot other than a corner lot or a through lot. See Diagram 2-2.
LOT, THROUGHA lot which fronts upon two parallel streets, or which fronts upon two streets which do not intersect at the boundaries of a lot. The owner shall designate one street line as the front lot line. See Diagram 2-2.
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The total area within the lot lines of a lot, excluding any
street rights-of-way.
That portion of the lot that is covered by buildings and
structures.
The distance measured from the front lot line to the rear
lot line. See Diagram 2-4.
 |
The dividing line between lots.
LOT LINE, FRONTThe property line dividing a lot from a single street right-of-way. In the case of a corner lot or a through lot, at least one front lot line shall conform to the minimum lot frontage requirement. See Diagram 2-3.
LOT LINE, REARThe lot line opposite and most distant from the front lot line; or in the case of triangular or otherwise irregularly shaped lots, a line 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line. See Diagram 2-3.
LOT LINE, SIDEAny lot line not a front or rear lot line. See Diagram 2-3.
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The mean width measured at right angles to its depth.
A parcel of land held in one ownership meeting the dimensional
requirements of this Zoning Ordinance.
A large machine that accomplishes a routine housekeeping
task such as cooking, food preparation or cleaning such as refrigeration
equipment, stoves, washing/dishwashing machines. Large-screen televisions
are also considered major appliances. Major appliances are differentiated
from other appliances, as they are large, difficult to move and generally
fixed in place to some extent.
A retail establishment containing over 15,000 square feet
of retail floor space displaying and selling a significant portion
of its products as major appliances. "Significant portion," for this
use, shall be defined as occupying at least 80% of the retail display
space and generating over 80% in volume and revenue of products sold.
A facility primarily for heavy or light industry and the
manufacture or assembly of a product, including processing, blending,
fabrication, assembly, treatment and package. Incidental activities
such as storage, offices, wholesale sales, retail sales and employee-only
recreation and eating facilities are permitted.
An entity licensed by the Massachusetts Cannabis Control
Commission as a marijuana cultivator to cultivate, process and package
cannabis or marijuana, and to transfer cannabis or marijuana to other
marijuana establishments, but not to consumers. A craft marijuana
cooperative is a type of marijuana cultivator, pursuant to 935 CMR
500.000.
[Added 7-18-2022]
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 Massachusetts Cannabis
Control Commission, except a medical marijuana treatment center (RMD).
[Added 7-18-2022]
A laboratory that is licensed by the Massachusetts Cannabis
Control Commission and is:
[Added 7-18-2022]
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
Cannabis Control Commission;
Independent financially from any medical marijuana treatment
center (RMD), marijuana establishment or licensee for which it conducts
a test; and
Qualified to test cannabis or marijuana in compliance with 935
CMR 500.160 and MGL c. 94C, § 34.
A co-located marijuana establishment that can be either a
Tier 1 marijuana cultivator or product manufacturer, or both, pursuant
to 935 CMR 500.00, in compliance with the operating procedures for
each license. A microbusiness that is a marijuana product manufacturer
may purchase no more than 2,000 pounds of cannabis or marijuana per
year from other marijuana establishments, pursuant to 935 CMR 500.000.
[Added 7-18-2022]
An entity licensed by the Massachusetts Cannabis Control
Commission as a marijuana product manufacturer to obtain, manufacture,
process and package cannabis or marijuana products and to transfer
these products to other marijuana establishments, but not to consumers.
[Added 7-18-2022]
An establishment authorized to cultivate, manufacture, process,
or package cannabis or marijuana products, in accordance with applicable
state laws and regulations. A marijuana production facility may be
licensed to operate as a marijuana cultivator or marijuana product
manufacturer or registered as a medical marijuana treatment center
(also known as a "registered marijuana dispensary" or "RMD"), or both,
in accordance with applicable state laws and regulations.
[Added 7-18-2022]
Cannabis or marijuana and its products unless otherwise indicated.
These include products that have been manufactured and contain cannabis
or marijuana or an extract from cannabis or marijuana, including concentrated
forms of cannabis or marijuana and products composed of cannabis or
marijuana and other ingredients that are intended for use or consumption,
including edible products, beverages, topical products, ointments,
oils and tinctures.
[Added 7-18-2022]
An entity licensed to engage in research projects by the
Massachusetts Cannabis Control Commission.
[Added 7-18-2022]
An establishment authorized to sell or otherwise transfer
cannabis or marijuana products to consumers for use off the premises,
but not to cultivate, manufacture, process, or package cannabis or
marijuana products, in accordance with applicable state laws and regulations.
A marijuana retail store may be licensed to operate as marijuana retailer
or registered as a medical marijuana treatment center (also known
as a "registered marijuana dispensary" or "RMD"), or both, in accordance
with applicable state laws and regulations.
[Added 7-18-2022]
An entity licensed by the Massachusetts Cannabis Control
Commission as a marijuana retailer to purchase and transport cannabis
or marijuana products from marijuana establishments and to sell or
otherwise transfer these products 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 7-18-2022]
A marijuana production facility or marijuana retail store,
as defined in this Zoning Ordinance.
[Added 7-18-2022]
A building or group of buildings used for the offices and
facilities accessory to the practice of licensed medical practitioners
(including physicians, dentists, optometrists, ophthalmologists, and
persons engaged in all fields related generally to medicine, but not
including veterinarians), and including such common facilities as
an outpatient clinic or emergency treatment rooms, but not including
inpatient facilities.
Also known as a "registered marijuana dispensary" or "RMD";
an entity registered under 935 CMR 501.101: Registration of Registered
Marijuana Dispensaries that acquires, cultivates, possesses, processes
(including development of related products such as edible cannabis
or marijuana products, tinctures, aerosols, oils, or ointments), transfers,
transports, sells, distributes, dispenses, or administers cannabis
or marijuana products, related supplies, or educational materials
to registered qualifying patients or their personal caregivers for
medical use in accordance with applicable state laws and regulations.
Unless otherwise specified, "medical marijuana treatment center" refers
to the site(s) of dispensing, cultivation, and preparation of cannabis
or marijuana for medical use.
[Added 7-18-2022]
A social, sports or fraternal association or organization
which is used exclusively by members and their guests and which may
contain bar facilities.
A dwelling unit built on a chassis and containing complete
electrical, plumbing and sanitary facilities, and designed to be installed
on a temporary or permanent foundation for permanent living quarters;
this shall not include the type of vehicle known as a "camper trailer"
or similar trailer designed for travel, recreational, and vacation
use.
Any plot of ground upon which two or more mobile homes, occupied
or intended to be occupied for dwelling or sleeping purposes, are
located for periods of longer than 90 days.
A plot of ground within a mobile home park designed for the
accommodation of one mobile home.
A dwelling with attached, semidetached or detached units
providing lodging for transient clientele; each unit shall have separate
outside entrances and convenient parking spaces. A motel whose units
qualify as dwelling units shall be governed by the appropriate multifamily
regulations contained herein.
A building designed for or occupied by three or more families,
living independently in separate dwelling units with services for
heat, lighting and other utilities.
Land or structure used for any operation by the Town government,
except as elsewhere more specifically defined.
The total area of all floors of a dwelling unit, measured
to the interior walls thereof, and excluding unenclosed porches, terraces,
patios and all other external areas such as halls, stairways and the
like used in common with tenants of other dwelling units.
A building or structure, lawfully existing at the effective
date of this ordinance, or any subsequent amendment thereto, which
does not conform to one or more provisions of this ordinance. Buildings
or structures subject to variances shall not be considered nonconforming.
A lot lawfully existing at the effective date of this ordinance,
or any subsequent amendment thereto, which does not conform to one
or more provisions of this ordinance. A lot subject to a variance
shall not be considered nonconforming.
A use lawfully existing at the time of adoption of this ordinance,
or any subsequent amendment thereto, which does not conform to one
or more provisions of this ordinance. A use subject to a variance
shall not be considered nonconforming.
An extended or intermediate-care facility licensed or approved
to provide full-time convalescent or chronic care to individuals who,
by reason of advanced age, chronic illness or infirmity, are unable
to care for themselves.
Use or occupancy, character of use or designated purpose
of a building, structure or land.
A permit authorizing the occupancy and use of land and/or
structures and buildings.[4]
A solar photovoltaic installation is a structure that is
constructed at a location where other uses of the underlying property
occur.
A detached building containing one dwelling unit and having
no party wall, or walls, in common with an adjacent dwelling. Also
referred to as a "single-family dwelling."
All portions of a lot not devoted to building, parking lots
or vehicular surfaces. Such open space may include, but not be limited
to, landscaping, lawns, walkways for pedestrians and active or passive
recreation areas.
The ratio of open space to the gross floor area proposed
for a site. The open space ratio required within a zoning district
multiplied by the gross area proposed for a site within such district
will indicate that amount of open space which must be provided on
the site.
A structure or parcel of land within the Central Business District used to provide parking in accordance with the requirements of § 300-9.0 of this ordinance for uses also located within the Central Business District. Such parcel or structure is physically removed from the uses it serves.
A structure or parcel of land for the parking of automobiles
and light commercial vehicles with a rated capacity of one ton or
less, provided no repairs, servicing or sale of gasoline is carried
on.
An unobstructed space or area other than a street or driveway
that is permanently reserved and maintained for the parking of one
motor vehicle.
An establishment or portion thereof that requires a junk dealer's license in accordance with Chapter 168, Junk Dealers, of the Town Code and that purchases property on the condition of selling it back at a stipulated price, offers secured loans to individuals with their property used as collateral, and/or purchases at retail items made of or substantially consisting of silver, gold, or platinum metals. This definition shall not apply to establishments that purchase secondhand items and/or accept in-trade items as part of a business substantially dedicated to the retail sale of like items in new condition, or businesses that deal solely in clothing, furniture, or books. (See "secondhand store.")
[Added 5-21-2018]
A completely enclosed outdoor area designed to allow hens
access to the outdoors while providing protection from predators.
[Added 12-3-2018]
The permit granting authority for variances and administrative
appeals in the Town of West Springfield, Massachusetts shall be the
Board of Appeals.
An establishment primarily engaged in providing services
involving the care of, repair, maintenance, or customizing of personal
properties that are worn or carried about the person or are a physical
component of the person, including, but not limited to: barber shops,
beauty salons, tailors, garment makers, milliners or cobblers. Does
not include medical and dental offices or veterinarians.
The main or most important building in which is conducted
the principal use of the lot on which it is located. Attached structures
shall be considered an integral part thereof, provided such structures
are completely enclosed by continuous walls supporting a roof.
The main or primary purpose for which a structure or lot
is designed, arranged or intended, or for which it may be used, occupied
or maintained under this ordinance.
A structure which is accessory to a building and which is
used for the parking and storage of vehicles owned and operated by
the occupants thereof, and which is not a separate commercial enterprise
available to the general public.
Establishments primarily engaged in rendering services by
professional persons on a fee or contract basis, limited to the following:
the offices of accountants, architects, artists, brokers/market analysts,
chiropractors, engineers, lawyers, photographers, planners/landscape
architects, real estate agents and travel consultants.
The maximum rated output of electric power production of
the photovoltaic system in direct current (DC).
Any area or tract of land upon which two or more campsites
are commercially located, established, or maintained for the occupancy
of cabins, tents, trailers, or other camping outfits as temporary
living quarters for recreational, educational or vacation purposes.
Occupancy of campgrounds shall be temporary, falling between April
1 and November 30 of the same year.
A building and associated playing fields for recreational
activities owned and operated by a public or nonprofit group or agency,
such as the Boys and Girls Club or the YMCA.
A place designed and equipped for the conduct of sports,
leisuretime activities and other customary and usual nonmotorized
recreational activities.
A use operated by an entity licensed by the Cannabis Control
Commission, and pursuant to all other applicable state laws and regulations,
that acquires, cultivates, possesses, processes (including development
of related products such as food, tinctures, aerosols, oils, or ointments),
packages, delivers, obtains, manufactures, purchases, transfers, transports,
sells, distributes, dispenses, or administers marijuana, products
containing marijuana, or related supplies for nonmedical or recreational
use.[5]
[Added 2-6-2017]
A facility primarily for scientific or product research,
investigation, testing, or experimentation, along with incidental
offices, incidental storage, incidental manufacture and sale of products,
and incidental employee-only facilities.
Any permanently affixed fixture or equipment used for the
wireless transmission and reception of radio signals, including television,
personal communication devices and federally licensed amateur operations
located on the same lot with, and customary and incidental to, a residential
use.
A business establishment whose principal business is the
preparation, selling of unpackaged food for personal consumption while
seated at tables or counters located within the building.
A place of business operated for the sale and purchase at
retail of food and/or beverages, any part of which is laid out or
equipped so as to deliver prepared food and/or beverages to patrons
in motor vehicles or to permit patrons to purchase prepared food and/or
beverages for consumption in motor vehicles.
A place of business operated for the sale and purchase at
retail of food and/or beverages where the patron customarily drives
a motor vehicle onto the site and to a window or mechanical drive-through
by which the patron is served without exiting the vehicle. Prior to
service, the engine of the motor vehicle customarily remains in operation.
A restaurant, the principal activity of which is the sale
of food for consumption on, or off, the premises which is:
An establishment which by design of physical facilities or
by service or packaging procedures permits or encourages the purchase
of prepared ready-to-eat foods intended primarily to be consumed off
the premises, and where the consumption of food in motor vehicles
on the premises is not permitted or not encouraged.
An establishment engaged in selling goods or merchandise
to the general public for personal or household consumption and rendering
services incidental to the sale of such goods.
A male chicken.
[Added 12-3-2018]
An establishment for the recuperation or treatment of invalid
or convalescent persons.
An establishment or portion thereof that requires a junk dealer's license in accordance with Chapter 168, Junk Dealers, of the Town Code and that purchases secondhand items and accepts in-trade items as part of a business substantially dedicated to the retail sale of like items in new condition, or an establishment or portion thereof that requires a junk dealer's license in accordance with Chapter 168, Junk Dealers, of the Ordinances of the Town of West Springfield and that deals solely in clothing, furniture, or books. This definition shall not apply to establishments that purchase property on the condition of selling it back at a stipulated price, offer secured loans to individuals with their property used as collateral, and/or purchase at retail items made of or substantially consisting of silver, gold, or platinum metals. (See "pawn shop/cash-for-gold store.")
[Added 5-21-2018]
A premises used for the retail sale of gasoline, oil, and
automotive accessories, where the customers themselves may convey
fuels from the fuel pump into the motor vehicle gas tank or into portable
gasoline containers.
A building or group of structures consisting of individual,
small self-contained units that are leased or owned for the storage
of business and household goods or contractor's supplies.
Any display of lettering, flags, logos, colors, lights, or
illuminated neon tubes visible to the public from outside of a building
or from a traveled way, which either conveys a message to the public
or intends to advertise, direct, invite, announce, or draw attention
to, directly or indirectly, a use conducted, goods, products, services
or facilities available either on the lot or on any other premises,
excluding window display of goods and merchandise.
A detached building designed for or occupied exclusively
by one family.
Any plot or parcel of land or combination of contiguous lots
or parcels of land.
The plans for a given development depicting one original design under the control of one agency or developer and indicating various phases of planning and construction, including essential architectural, engineering, and landscaping features. Such plans shall show the location, shape, and height of buildings, location of roads, access and circulation drives, off-street parking areas and description of uses of buildings as they relate to the purpose of this ordinance as set forth in Article I.
An arrangement of solar photovoltaic panels.
A solar photovoltaic system of any nameplate generating capacity
with any type of mounting system.
A process which allows the Town to conduct a more detailed review of certain uses and structures which may have a significant impact on their surroundings and ensures proposals are consistent with the purpose of the Zoning Ordinance as specified in Article I of this ordinance. Such special permit shall be issued in accordance with the particular section(s) of this ordinance authorizing the special permit and establishing special permit criteria where applicable.
A building where horses are kept for remuneration, hire,
sale, boarding, riding or show.
A building incidental to an existing residential, principal
use that shelters animals for the exclusive use of occupants of the
premises.
That part of a building between any floor and the floor or
roof next above. For the purpose of this ordinance, where a building
is not divided into stories, a story shall be considered 15 feet in
height, provided that steeples, penthouses, cupolas, stage lofts,
etc. shall not be considered as additional stories. A basement or
cellar, the ceiling of which extends more than 4 1/2 feet above
the average finished grade, shall be a story within the meaning of
this ordinance.
A way which is used, or intended to be used, for a passage
or travel by motor vehicles and is one of the following:
A public way or county road; 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 in accordance with
the Subdivision Control Law; or
A way physically in existence when the Subdivision Control Law
became effective, May 1955, in the Town of West Springfield, which
in the opinion of the Planning Board is presently suitable to provide
for the needs of vehicular traffic and for the installation of municipal
services to serve the land.
The dividing line between a street and a lot.
A general term denoting land, property or interest therein,
usually a strip acquired for or devoted to a planned roadway. A street
right-of-way should be sufficient to accommodate the ultimate roadway,
including, but not limited to: the street pavement, shoulder, grass
strip, sidewalk, public utility facilities, street trees, and snow
storage.
Those streets or ways within the Town which by design and/or
use serve major centers of activity, accommodate through traffic and
carry the highest traffic volume. For the purposes of this ordinance,
all numbered federal and state highways shall be considered arterials.
Those streets or ways within the Town which by design and/or
use serve to distribute traffic from arterials to areas of low-intensity
use within the Town and to collect traffic from such areas for movement
to arterials. Collectors may carry some through traffic.
Those streets or ways within the Town which by design and/or
use provide direct access to abutting land and distribute traffic
to collector and arterial streets. Through traffic movement on local
streets is discouraged.
A combination of materials, assembled at a fixed location
to give support or shelter, such as a building, framework, retaining
wall, tent, reviewing stand, platform, bin, fence, flagpole, mast
for radio and television antennas or the like. The word "structure"
shall be construed, where the context allows, as though followed by
the words "or part or parts thereof."
See "building, accessory."
See "nonconforming building or structure."
A structure without any foundation or footings and which
is intended to be removed when the designated use for which the temporary
structure was erected has ceased.
A use which by reason of its normal operation would cause
readily observable differences in patronage, service, appearance,
noise, employment or similar characteristics from the use to which
it is being compared.
A retail establishment primarily selling food as well as
other convenience and household goods.
An establishment serving alcoholic beverages in which the
principal business is the sale of such beverages at retail for consumption
on the premises.
A building or part of a building for dramatic, musical or
live performances or for the screening of movies.
An establishment administering by any method of pressure
on or friction against, or by stroking, kneading, rubbing, tapping,
pounding, vibrating, or stimulating of external parts of the human
body with the hands or with the aid of any mechanical or electrical
apparatus or appliances, with or without supplementary aids such as
rubbing alcohol, liniment, antiseptics, oils, powder, creams, lotions,
ointment or other such similar preparations commonly used in the practice
of massage under such circumstances that it is reasonably expected
that the person to whom the service is provided, or some third person
on his or her behalf, will pay money or give any other consideration
or any gratuity therefor, excepting those practitioners duly licensed
by the Commonwealth of Massachusetts.
A dwelling containing three or more dwelling units, each
sharing one or more party walls with another dwelling unit, and each
having at least one floor at ground level with direct access to yards
or open space on two or more sides. Dwelling units within townhouses
may be owned individually or rented.
A builder, carpenter, electrician, painter, plumber, tree
surgeon or similar building trade occupation.
Any vehicle or object on wheels and having no motive power
of its own, but which is drawn by, used or capable of being used in
combination with a motor vehicle.
That portion of a street right-of-way located between the
paved portion of the street and the outside edge of the right-of-way
containing a sidewalk, if any, and commonly planted with trees, shrubs,
grass or other vegetation.
An area and building where cargo is stored and where trucks
load and unload cargo on a regular basis.
A detached building containing two dwellings.
Any motor vehicle required to be registered by law of the
Commonwealth of Massachusetts for operation on public ways but not
so registered.
The specific purpose for which land or a building is designed,
arranged, intended, or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
See "accessory use."
See "nonconforming use."
See "principal use."
See "substantially different use."
Such departure from the terms of this ordinance relating to structure, front yard, side yards, rear yard, frontage requirements and/or lot size as the Board of Appeals, upon appeal in specific cases, is empowered to authorize under the terms of Article XV, Administration. A variance is granted because strict enforcement of the zoning ordinance as it applies to a specific lot would cause an undue hardship and present site-specific practical difficulties that are not relevant to other lots in the district.
See "hospital, veterinary."
Those conditions of flight established by the Federal Aviation
Administration which allow aircraft to operate on a "seen and be seen"
basis and which do not require tracking by ground radar facilities.
The cultivation of grapes.
An establishment or place of business engaged in the operation
of a warehouse and the selling of a single product category (examples
of single product categories are meat products, lighting fixtures,
textiles) to retailers, to industrial, commercial, institutional,
professional business users, and to the general public, or to other
wholesalers. Said use does not include a wholesale membership club,
retail sales (examples of retail uses not permitted are Sears, Old
Navy, Target, Wal-Mart, Home Depot, Dick's Sporting Goods) other than
as allowed by the previous sentence, retail outlet stores or retail
showrooms primarily for the general public.
Terminal facilities for handling freight with or without
maintenance facilities.
Establishment or places of business primarily engaged in
selling merchandise to retailers, to industrial, commercial, institutional,
or professional business users, or to other wholesalers, or acting
as agents or brokers and buying merchandise for, or selling merchandise
to, such individuals or companies.
A communications facility consisting of fixed structures
and equipment used for the wireless transmission and reception of
radio signals for: 1) the reception and transmission equipment and
fixtures such as antennas, communications dishes and similar devices;
2) structures that are erected and used primarily to support such
reception and transmission equipment, including, without limitation,
monopoles and lattice towers; 3) any accessory mechanical, electronic,
or telephonic equipment, fixtures, wiring and protective covering
customary and necessary to operate such wireless communications equipment;
and 4) any functionally equivalent devices or equipment. A wireless
communications facility is a transmission and reception substation,
not a principal facility for conducting a communications business.
An open area on the same lot with a building or other structure
located between the building and the lot lines, unoccupied and unobstructed
by structures from the ground up except as may be allowed by specific
provisions of this ordinance, including ingress and egress as required
by the building code.
YARD, FRONTAn open, unoccupied space on the same lot with the principal building, extending the full width of the lot and from the street line to the front line of the building projected to the side lines of the lot. The depth of the front yard shall be measured between the front lines of the building and the street line. Covered porches, whether enclosed or unenclosed, shall be considered as part of the main building and shall not project into a required front yard. On lots containing two or more principal buildings, the front yard shall be defined by that principal building closest to the front yard street line. See Diagram 2-3.
YARD, REARAn open, unoccupied space, except for accessory buildings, on the same lot with the principal building between the rear line of the building and rear line of the lot and extending the full width of the lot. On lots containing two or more principal buildings, the rear yard shall be defined by that principal building closest to the rear lot line. See Diagram 2-3.
YARD, SIDEAn open, unoccupied space on the same lot with the principal building situated between the principal building and the side line of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side line. On lots containing two or more principal buildings, side yards shall be defined by the principal building closest to each side lot line. See Diagram 2-3.
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[1]
Editor's Note: Table 6-1A is included as an attachment to this chapter.
[2]
Editor's Note: Tables 6-1 and 6-2 are included as attachments to this chapter.
[3]
Editor's Note: See the definition of "self-service gasoline
filling station" below.
[4]
Editor's Note: The definition of "off-site medical marijuana
dispensary," which immediately followed this definition, as amended 6-17-2019 and 6-17-2020, was repealed 7-18-2022.
[5]
Editor's Note: The definition of "registered marijuana dispensary
(RMD)," which immediately followed this definition, as amended 6-17-2019 and 6-17-2020, was repealed 7-18-2022.
