[Amended 9-25-1990 STM by Art. 1, approved 1-9-1991]
The Town of Longmeadow is hereby divided into eight zones as follows:
A. 
Residence A-2 Zone.
B. 
Residence A-1 Zone.
C. 
Agricultural Zone.
D. 
Business Zone. In addition to any land currently lying within the Business District, the Business District shall also consist of the following land:
[Amended 2-3-2015 STM by Art. 1, approved 3-13-2015]
"Beginning at a point at the northwest intersection of the existing 20'-0" easement with the property line of Parcel 2 as previously described by a curve to the left having a radius of two hundred eighty-six and 82/100 (286.82) feet, thence EASTERLY on other land now or formerly of Daniel E. Burbank, Jr., et al, eighty and one hundred thirty-one and 90/100 (131.90) feet to land of The First Church of Christ Scientist; thence SOUTHERLY on said land of The First Church of Christ Scientist; three hundred and 03/100 (300.03) feet to Williams Street; thence SOUTHWESTERLY on said Williams Street one hundred thirty-six and 16/100 (136.16) feet; thence SOUTHWESTERLY on said Williams Street and by a curve to the right having a radius of five hundred eighty-six and 82/100 (586.82) feet, one hundred sixty-four and 81/100 (164.81) feet to the southeasterly corner of the first parcel of land herein described; thence NORTHERLY on said first parcel of land herein described, three hundred and 3/100 (300.03) feet to a point beginning. Consisting of 79,230 square feet (1.819 acres)."
E. 
Professional Zone.
F. 
Elderly Residential Zone.
G. 
Residential Condominium Reuse Zone.
H. 
Elderly Congregate Residential Zone.
[Amended 9-25-1990 STM, approved 1-9-1991; 10-25-2022 STM by Art. 25, approved 3-29-2023]
These zones are shown on a map on file in the office of the Town Clerk under the title "Zoning Map of Longmeadow, Massachusetts, January 1991, as amended." This map is hereby declared a part of this bylaw.
A. 
The professional zone shall consist of all of that land within the Town of Longmeadow, bounded on the south by Williams Street, on the west by Dwight Road, on the north by Franconia Golf Course and on the east by the Longmeadow/East Longmeadow line.
B. 
"Beginning at an iron pin located on the westerly side of Dwight Road, said pin being at the northeast corner of land now or formerly owned by H. Beyerlein, thence N 89 12' 35" W sixty-two and 12/100 (62.12) feet to an iron pin: thence S 89 43' 25" one hundred fifty-four (154) feet to a brown stone bound; thence S 84 54' 56" W two hundred forty and 57/100 (240.57) feet to an iron pin; thence N 22 39' 25" E eighty-six and 91/100 (86.91) feet to a concrete bound; thence N 35 19' 55" E three hundred five and 12/100 (305.12) feet to a brown stone bound; thence N 84 11' 55" E sixty-two and 07/100 (62.07) feet to an iron pin located on said westerly side to Dwight Road, and thence S 30 21' 41" E three hundred sixty-four and 13/100 (364.13) feet to a point of beginning."
C. 
"Beginning at an iron pin on the southwesterly side of Dwight Road and thence; S 29 11' E along Dwight Road fifty and 41/100 (50.41) feet, thence, southerly and westerly in a curved line marking the intersection of Dwight Road and Converse Street one hundred twelve and 36/100 (112.36) feet thence; N 80 23' W along Converse Street one hundred eighty-four and 28/100 (184.28) feet, to an iron pin, thence; S 88 51' E a distance of two hundred fifteen and 84/100 (215.84) feet to the point of beginning.
D. 
"Beginning at a point on the Southwesterly side of Dwight Road at land now or formerly of E. H. Ward, thence North 65' 7" West along said Ward land one hundred seventy-six and 97/100 (176.97) feet; thence North 74' 28" West along land now or formerly of George and Anna Bergmann two hundred sixty-four and 58/100 (264.58) feet to an iron pin; thence North 4' 22" West along land now or formerly of said Bergmann three hundred eighty-one and 63/100 (381.63) feet to an iron pin on the South side of Converse Street thence South 80' 23' East along Converse Street one hundred fifty and 49/100 (150.49) feet; thence Easterly and Southerly along a line marking the intersection of Converse Street and Dwight Road forty-four and 70/100 (44.70) feet; thence South 29' 11" East along Dwight Road five hundred thirty-eight and 69/100 (538.68) feet to a point of beginning."
[Added 9-25-1990 STM by Art. 14, approved 5-30-1991]
The Elderly Residential Zone shall consist of all land within the Town of Longmeadow bounded and described as follows:
The land in Longmeadow, Hampden County, Massachusetts, situated on the Northerly side of Emerson Road, more particular bounded and described as follows:
North 89 56' 06" W along the said Northwesterly side of Emerson Road, a distance of one hundred thirty-one and 94/100 (131.94) feet; thence running.
North 67 40' 55" W along land now or formerly of Hammerick, a distance of six hundred fifty-eight and 56/100 (658.56) feet; thence running N. 19 00' 55" W. along land of the Town of Longmeadow a distance of one hundred twenty-two and 04/100 (122.04) feet; thence running.
North. 10 10' 55" W a distance of one hundred seventy-two and 22/100 (172.22) feet; thence running N. 9 23' 55" E. a distance of one hundred forty-four and 45/100 (144.45) feet, the last two courses along land of the Town of Longmeadow; thence running.
South 71 17' 05" E. a distance of eight hundred twenty-one and 65/100 (821.65) feet along land now or formerly of Joseph Chapdelaine, Inc., et al, thence running.
South 18 41' 00" W a distance of four hundred and 26/100 (400.26) feet; thence running S. 67 39' 52" E. a distance of eighty-four and 19/100 (84.19) feet to the point of beginning.
Beginning at a point on the southeasterly end of that tract of land, presently owned by the Springfield Jewish Home for the Aged, Inc., and thence running northwesterly along Converse Street 499.78 feet to a point on land of said Springfield Jewish Home for the Aged, Inc., thence running N 68 11' 00" E, 863.62 feet to a point at land of Genesis Foundation, Inc.; thence running S 14 22' 05" W, 689.86 feet to a point; thence running S 88 11' 14" W, 266.00 feet to a point; thence running S 57 14' 29" W, 88.14 feet to the place of beginning; containing 7.31 acres, plus or minus.
Beginning at a point on the easterly side of Converse Street, said point being the southwesterly end of that tract of land, presently owned by Genesis House, Inc.; and thence running Northwesterly along Converse Street on a curve to the right with a radius of 1,420.00 feet, 499.78 feet to a point on land now or formerly of the Springfield Jewish Home for the Aged, Inc.; thence running North 68 11' 00" East 863.62 feet to a point on land now or formerly of said Springfield Jewish Home for the Aged, Inc.; thence running North 14 22' 05" East 496.87 feet to a point; thence running South 77 56' 47" East 100.08 feet to a point; thence running South 14 22' 05" West 1,265.88 feet to a point; thence running South 88 11' 14" West 313.42 feet to a point; thence running South 57 14' 29" West 33.33 feet to a point; thence running Northwesterly along Converse Street, on a curve to the right with a radius of 1,420.00, a distance of 103.64 feet to the place of beginning. Containing 10.93 acres, more or less.
[Added 9-25-1990 STM by Art. 13, approved 1-9-1991]
[Amended 9-25-1990 STM by Art. 2, approved 1-9-1991]
The Elderly Congregate Residential Zone shall consist of all land within the Town of Longmeadow bounded and described as follows:
Beginning at an iron pin in the Easterly end of land herein described and at the Southeasterly corner of land now or formerly of Town of Longmeadow (Inter-Faith Homes) as shown on said plan, said pin also being on the Northerly sideline of Emerson Road; and running thence South 71 11' 00" West along said Emerson Road 207.00 feet to a point; running thence
South 71 14' 05" West 97.54 feet along said Emerson Road; to a point thence
North 79 53' 00" West 111.84 feet along said Emerson Road; to a point thence
North 69 41' 00" West 272.22 feet along said Emerson Road; to a point thence
South 74 17' 00" West 61.37 feet along said Emerson Road; to a point thence
North 73 50' 11" West 25.08 feet along said Emerson Road to an iron pin; thence
North 04 46' 46" East along land now or formerly of Scott Smith as shown on said plan 299.15 feet to an iron pin; thence
South 66 50' 38" East 774.30 feet along land now or formerly of Town of Longmeadow (Inter-Faith Homes) as shown on said plan to the iron pin of the beginning.
That parcel of land containing approximately 47.381 acres located on the northerly side of Converse Street which is bounded and described as follows: Beginning at an iron pipe on the northerly sideline of Converse Street at the southwest corner of the land herein described and the southeast corner of land now or formerly of the Springfield Jewish Home for the Aged, Inc., and running thence:
[Added 5-12-1992 ATM by Art. 19, approved 6-30-1992]
N 57 14' 29" E, along land now or formerly of the Springfield Jewish Home for the Aged, Inc., 33.33 feet to an iron pipe, thence;
N 88 11' 44" E, along last-named land, 313.42 feet to an iron pipe thence;
N 14 22' 05" E, along last-named land, 1,265.88 feet to an iron pipe at the boundary line of the Town of Longmeadow and the City of Springfield, thence;
S 77 56' 47" E, along said boundary line of the Town of Longmeadow and the City of Springfield, 1,230.95 feet to an iron pipe, thence;
S 17 29' 20" W, along other land now or formerly of the City of Springfield, 213.04 feet to a concrete bound, thence;
S 57 17' 30" W, along last-named land, 162.62 feet to a concrete bound, thence;
S 66 39' 20" W, along last-named land, 166.25 feet to a concrete bound, thence;
S 74 04' 10" W, along last-named land, 285.28 feet to a concrete bound, thence;
S 77 31' 25" W, along last-named land, 228.00 feet to a concrete bound, thence;
S 03 52' 44" W, along last-named land, 412.95 feet to a stone bound, thence;
S 86 29' 05" E, along last-named land, 1,061.97 feet to a concrete bound at land now or formerly of Longmeadow Tennis Associates, thence;
S 05 26' 20" W, along land now or formerly of Longmeadow Tennis Associates, 759.68 feet to a concrete bound on the northerly sideline of Converse Street, thence;
Westerly on a curve to the left having a radius of 1,942.69 feet, along the northerly sideline of Converse Street, 184.05 feet, thence;
Westerly on a curve to the right having a radius of 1,738.96 feet, along last named land, 916.71 feet, thence;
N 61 55' 50" W, along last-named land, 745.47 feet to a granite bound, thence;
Northwesterly on a curve to the right having a radius of 1,420.00 feet, along last-named land, 294.97 feet to the point of beginning.
[Amended 5-14-1996 ATM by Art. 21, approved 7-23-1996; 5-9-2000 ATM by Art. 28, approved 8-17-2000; 5-7-2013 ATM by Art. 27, approved 7-26-2013; 10-25-2022 STM by Art. 25, approved 3-29-2023; 11-4-2025 STM by Art. 3, approved 2-20-2026]
A. 
Purpose. The purposes of the Floodplain Zone are to:
(1) 
Ensure the public health, safety, and general welfare by reducing threats to human life and injury;
(2) 
Protect public and private properties and utility services from the hazards of periodic flooding;
(3) 
Preserve the natural flood control characteristics, and the flood-storage capacity of the floodplain;
(4) 
Preserve and maintain the groundwater table and water recharge areas within the floodplain;
(5) 
Prevent the occurrence of public emergencies resulting from poor water quality, contamination, and pollution due to flooding; and
(6) 
Prevent the public from being burdened with costs resulting from flooding events.
B. 
Definitions.
DEVELOPMENT
Means any man-made change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. [US Code of Federal Regulations, Title 44, Part 59]
FLOODWAY
The channel of the river, creek or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. [Base Code, Chapter 2, Section 202]
FUNCTIONALLY DEPENDENT USE
Means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long term storage or related manufacturing facilities. [US Code of Federal Regulations, Title 44, Part 59] Also [Referenced Standard ASCE 24-14]
HIGHEST ADJACENT GRADE
Means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. [US Code of Federal Regulations, Title 44, Part 59]
HISTORIC STRUCTURE
Means any structure that is:
(1) 
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(2) 
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(3) 
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
(4) 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(a) 
By an approved state program as determined by the Secretary of the Interior; or
(b) 
Directly by the Secretary of the Interior in states without approved programs. [US Code of Federal Regulations, Title 44, Part 59]"
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after the effective date of the first floodplain management code, regulation, ordinance, or standard adopted by the authority having jurisdiction, including any subsequent improvements to such structures. New construction includes work determined to be substantial improvement. [Referenced Standard ASCE 24-14]
RECREATIONAL VEHICLE
Means a vehicle which is:
(1) 
Built on a single chassis;
(2) 
400 square feet or less when measured at the largest horizontal projection;
(3) 
Designed to be self-propelled or permanently towable by a light duty truck; and
(4) 
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. [US Code of Federal Regulations, Title 44, Part 59]"
REGULATORY FLOODWAY
See "floodway."
SPECIAL FLOOD HAZARD AREA
The land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE or VI-30. [Base Code, Chapter 2, Section 202]
START OF CONSTRUCTION
The date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns.
(1) 
Permanent construction does not include land preparation (such as clearing, excavation, grading or filling), the installation of streets or walkways, excavation for a basement, footings, piers or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the "actual start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. [Base Code, Chapter 2, Section 202]
STRUCTURE
Means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. [US Code of Federal Regulations, Title 44, Part 59]
SUBSTANTIAL REPAIR OF A FOUNDATION
When work to repair or replace a foundation results in the repair or replacement of a portion of the foundation with a perimeter along the base of the foundation that equals or exceeds 50% of the perimeter of the base of the foundation measured in linear feet, or repair or replacement of 50% of the piles, columns or piers of a pile, column or pier supported foundation, the building official shall determine it to be substantial repair of a foundation. Applications determined by the building official to constitute substantial repair of a foundation shall require all existing portions of the entire building or structure to meet the requirements of 780 CMR. [As amended by MA in 9th Edition BC]
VARIANCE
Means a grant of relief by a community from the terms of a flood plain management regulation. [US Code of Federal Regulations, Title 44, Part 59]
VIOLATION
Means the failure of a structure or other development to be fully compliant with the community's flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in § 60.3 is presumed to be in violation until such time as that documentation is provided. [US Code of Federal Regulations, Title 44, Part 59]
C. 
Use of FEMA maps. The Floodplain District is herein established as an overlay district. The District includes all special flood hazard areas within the Town of Longmeadow designated as Zone A or AE on the Hampden County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program, dated June 7, 2023. The exact boundaries of the district may be defined by the 100-year base flood elevations shown on the FIRM and further defined by the Hampden County Flood Insurance Study (FIS) report dated June 7, 2023. The FIRM and FIS reports are incorporated herein by reference and are on file with the Select Board.
D. 
Floodplain Administrator. The Town of Longmeadow hereby designates the position of the Building Commissioner, with support from the Conservation Agent, to be the official Floodplain Administrator for the Town.
E. 
Permitted uses. The following uses of low flood-damage potential and causing no obstructions to flood flows shall be permitted, provided they do not require structures, fill, excavation, or storage of materials or equipment:
(1) 
Agricultural uses such as farming, grazing, truck farming, horticulture.
(2) 
Forestry and nursery uses.
(3) 
Outdoor recreation uses (not including the storage of vehicles), including fishing, boating, play area.
(4) 
Conservation of water, plants, wildlife.
(5) 
Wildlife management areas; footpaths, bicycle and/or horse paths.
F. 
Permits.
(1) 
The Town's permit review process includes the requirement that the proponent obtain all local, state and federal permits that will be necessary in order to carry out the proposed development in the Floodplain Overlay District. The proponent must acquire all necessary permits, and must demonstrate that all necessary permits have been acquired.
(2) 
The Town of Longmeadow requires a permit for all proposed construction or other development in the Floodplain Overlay District, including new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities, fences, sheds, storage facilities or drilling, mining, paving, and any other development that might increase flooding or adversely impact flood risks to other properties. All development, including structural and nonstructural activities, whether permitted as a right or by special permit, must be in compliance with MGL c. 131, § 40, and with the following:
(a) 
Section of the Massachusetts State Building Code which addresses floodplain and coastal high hazard areas (currently 780 CMR, "Flood Resistant Construction").
(b) 
Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00).
(c) 
Inland Wetlands Restriction, DEP (currently 310 CMR 13.00).
(d) 
Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15.00, Title 5).
(e) 
All other local, state, and federal permits that will be necessary in order to carry out the proposed development in the Floodplain Overlay District.
(3) 
Special permits: No construction or other development in the Floodplain Overlay District, including new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities, fences, sheds, storage facilities or drilling, mining, paving and any other development that might increase flooding or adversely impact flood risks to other properties shall be permitted unless a special permit is granted by the Zoning Board of Appeals following a public hearing. Said Board may issue a special permit hereunder (subject to other provisions of this bylaw), if the application complies with the following provisions:
(a) 
The proposed use shall comply in all respects to all the provisions of the Zoning Bylaw of the Town of Longmeadow.
(b) 
Within 10 days of the receipt of the application, the Zoning Board of Appeals shall transmit one copy of the development plan to the Conservation Commission, Board of Health, Select Board, Planning Board, and Building Commissioner.
(c) 
The Zoning Board of Appeals may specify such additional requirements and conditions as it finds necessary to protect the health, safety, and welfare of the public and the occupants of the proposed use.
(4) 
The boards and agencies to which these development plans are referred for review shall make such recommendations as they deem appropriate and shall send copies thereof to the Zoning Board of Appeals and to the applicant; provided, however, that failure of any such board or agency to make recommendations within 35 days of receipt by said board or agency of the development plan shall be deemed lack of opposition thereto.
G. 
Encroachment.
(1) 
In Zones A, A1-30, and AE, along watercourses that have not had a regulatory floodway designated, the best available federal, state, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.
(2) 
In Zones A1-30 and AE, along watercourses that have a regulatory floodway designated on the Town's/City's FIRM encroachments are prohibited, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
H. 
Unnumbered a zones.
(1) 
Base flood elevation and floodway data.
(a) 
In A Zones, in the absence of FEMA BFE data and floodway data, the Building Department will obtain, review, and reasonably utilize base flood elevation and floodway data available from federal, state, or other source as criteria for requiring new construction, substantial improvements, or other development in Zone A and as the basis for elevating residential structures to or above base flood level, for floodproofing or elevating nonresidential structures to or above base flood level, and prohibiting encroachments in floodways.
(b) 
Within Zones AO and AH on the FIRM, adequate drainage paths must be provided around structures on slopes, to guide floodwaters around and away from proposed structures.
I. 
Subdivision proposals. The Floodplain Zone is set up as an overlay district. All subdivision proposals and development proposals in the floodplain overlay district shall be reviewed to assure that:
(1) 
Such proposals minimize flood damage.
(2) 
Public utilities and facilities are located and constructed so as to minimize flood damage.
(3) 
Adequate drainage is provided.
J. 
Base flood elevation data for subdivision proposals. Base flood elevation data for each developable parcel shown on the design plans are required for subdivision proposals or other developments greater than 50 lots or five acres, whichever is the lesser, within unnumbered A Zones.
K. 
Recreational vehicles. In A, A1-30, AH, AE Zones, all recreational vehicles to be placed on a site must be elevated and anchored in accordance with the zone's regulations for foundation and elevation requirements or be on the site for less than 180 consecutive days or be fully licensed and highway ready.
L. 
Watercourse alterations or relocations in riverine areas. In a riverine situation where there are alterations or relocations of a watercourse, or anywhere where changes are made to the base flood elevations in the FEMA mapped Special Flood Hazard Areas, the Floodplain Administrator shall notify the following within six months of these changes:
(1) 
Adjacent communities.
(2) 
Bordering state(s) NFIP State Coordinator.
Connecticut Department of Environmental Protection.
(3) 
NFIP State Coordinator.
Massachusetts Department of Conservation and Recreation.
(a) 
NFIP Program Specialist.
Federal Emergency Management Agency, Region I.
M. 
Requirement to submit new technical data. If the Town acquires data that changes the base flood elevation in the FEMA mapped Special Flood Hazard Areas, the Town will, within six months, notify FEMA of these changes by submitting the technical or scientific data that supports the change(s). Notification shall be submitted to:
(1) 
Adjacent communities.
(2) 
Bordering state(s) NFIP State Coordinator.
Connecticut Department of Conservation and Recreation.
(3) 
NFIP State Coordinator.
Massachusetts Department of Conservation and Recreation.
(4) 
NFIP Program Specialist.
Federal Emergency Management Agency, Region I.
N. 
Variances to building code floodplain standards. The Town will request from the State Building Code Appeals Board a written and/or audible copy of the portion of the hearing related to the variance, and will maintain this record in the community's files. The Town shall also issue a letter to the property owner regarding potential impacts to the annual premiums for the flood insurance policy covering that property, in writing over the signature of a community official that i) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and ii) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions for the referenced development in the floodplain overlay district.
O. 
Variances to local zoning bylaws related to community compliance with the national flood insurance program. A variance from these floodplain bylaws must meet the requirements set out by state law, and may only be granted if: 1) Good and sufficient cause and exceptional non-financial hardship exist; 2) the variance will not result in additional threats to public safety, extraordinary public expense, or fraud or victimization of the public; and 3) the variance is the minimum action necessary to afford relief.
P. 
Abrogation and greater restriction section. The floodplain management regulations found in this Floodplain Overlay District section shall take precedence over any less restrictive conflicting local laws, ordinances or codes.
Q. 
Disclaimer of liability. The degree of flood protection required by this bylaw is considered reasonable but does not imply total flood protection.
R. 
Severability. The invalidity, unconstitutionality, or illegality of any provision of this bylaw shall not have any effect upon the validity, constitutionality or legality of any other provision of this bylaw.