Article IV Use Regulations

[Amended 5-9-2000 ATM by Art. 25, approved 8-17-2000]

Any building or structure, use of building or structure, or use of land not herein expressly permitted for the zone in which the building or structure or land is located is hereby forbidden, except a building or structure, use of a building or structure, or use of land legally existing prior to the effective date of this bylaw, or any pertinent amendment thereof, unless permission is obtained from the Zoning Board of Appeals as provided in Article II of this bylaw.

The following use is specifically prohibited in all zones under this bylaw: wholesale or retail motor or recreational vehicle sales. Included herein would be any establishment whose principal or secondary business includes the sale of new and used automobiles, trucks or trailers, or the sale of new and used on- or off-road recreational or water-sport vehicles, including, but not limited to: boats, snowmobiles, jet engine or motor-powered watercraft, motorcycles and two- or four-wheel all-terrain vehicles.

§ 315-17 Uses in residence zones.

[5-13-1997 ATM by Art. 25, approved 9-4-1997; 5-9-2000 ATM by Art. 27, approved 8-17-2000; 5-13-2003 ATM by Art. 25, approved 9-23-2003; 5-13-2003 ATM by Art. 26, approved 9-23-2003; 8-20-2019 STM by Art. 1, approved 1-21-2020; 6-23-2020 ATM by Art. 33, approved 10-19-2020; 5-16-2021 ATM by Art. 39; 10-25-2022 STM by Art. 25, approved 3-29-2023; 11-12-2024 STM by Art. 29, approved 6-18-2025; 5-13-2025 ATM by Art. 12, approved 9-18-2025; 5-13-2025 ATM by Art. 33, approved 11-17-2025]

In the residence zones, except as may be hereinafter otherwise provided, no building or structure or land shall be used, and no building or structure shall be erected or altered, which is intended or designed to be used for any purpose except one or more of the following:

Detached, permanent, single-family dwelling, together with an integral or attached garage capable of housing not more than three automobiles.

(1)

In supplement to the use of a dwelling as residence for a single family, the following accessory uses are permitted:

(a)

The renting of bedroom space by the week, or the furnishing of table board by the week, to not more than four persons other than members of the family.

(b)

The renting of parking space in a completely enclosed garage to the extent that the same space is not required for the storage in a garage of all automobiles stored on the premises.

(c)

The parking of no more than one registered commercial vehicle in active use related to a business owned by or employing a resident of the premises, as limited by Article IV, § 315-17A(5). Such commercial vehicles shall be rated as under 12,000 GVWR and have vehicle lettering no larger than the minimum requirements set by the United States Department of Transportation for all commercial vehicles with USDOT or MC numbers, and shall not include vehicles with full or partial vinyl coverings or decals unless the vehicle otherwise complies with this section as specialized commercial vehicles.

(2)

Accessory uses shall not include the keeping upon the land of unused (for over 30 days) or unsightly personal property, or the storing of any unregistered and uninspected motor vehicles, except within a totally enclosed garage.

(3)

Accessory uses shall not include the parking, storing, or maintaining of any type of trailer, motor home, boat, or recreational vehicle upon the property for over 48 hours except within a totally enclosed garage or to the rear of the secondary setback line with suitable natural screening to ensure the vehicle is not visible from a public way.

(4)

Accessory uses shall not include the keeping of animals, except cats and dogs, except by special permit of the Zoning Board of Appeals, as hereinafter provided.

(5)

Accessory uses in the front yard shall not include the parking of any vehicle other than on a paved, gravel or other impervious surface area. For the purposes of this section, the definition of impervious surface shall align with that prescribed in Chapter 295 of the General Bylaws. Such impervious area shall not exceed 20% of the area bounded by the side lot lines, the front of the residential structure, and the street line of any lot. At a minimum, 80% of the area bounded by the side lot lines, the front of the residential structure, and the street line of any lot shall be kept in vegetated open space. This provision is not intended to ban parking on any paved or gravel area to the rear or side of the residential structure.

(6)

Accessory uses shall not include the keeping of a construction dumpster or a storage device commonly known as a "POD^®" for longer than a sixty-day period without permission from the Building Commissioner.

(7)

Detached buildings and structures, as enumerated hereunder, may be constructed and erected as accessory to the dwelling, provided that the total land area occupied by such accessory buildings and structures shall not exceed 50% of the gross land area within the property lines to the rear of the secondary setback line as defined under Article V, § 315-31B(1).

(a)

Private garage, of such size and construction as to accommodate no more than three automobiles. A detached garage shall be permitted in supplement to an existing like facility, but in no case should the total number of spaces be greater than three. A totally enclosed garage must be used for the overnight vehicular storage of specialized commercial vehicles. For the purposes of this bylaw, overnight shall be defined as the hours between 10:00 p.m. and 6:00 a.m.

(b)

Garden toolhouse, summer house, or children's playhouse.

(c)

Bicycle shed.

(d)

An animal shelter, designed for and used by not more than two domestic pets of the resident family.

(e)

Pool, intended and used for the raising of aquatic plant life and fish, or for wading, whose major dimensions shall not exceed 18 inches in depth, 10 feet horizontally in any direction, and 50 square feet of surface area.

(f)

Swimming pools.

[1]

Pools intended and used for bathing, swimming, and diving and to be located to the rear of the secondary setback line shall be subject to the following area restrictions:

[a]

In the Residence A-2 Zone: 1,500 square feet.

[b]

In the Residence A-1 Zone: 1,200 square feet.

[2]

Such a pool, or the general area within which it is constructed, must be surrounded by a fence which complies with the regulations contained in the Massachusetts State Building Code. A bathhouse and enclosure for mechanical equipment incidental to the operation of the pool are permissible accessory structures and shall also be located to the rear of the secondary setback line.

(g)

Signs.

[1]

A sign may be erected and maintained in any zone as shown on the Zoning Map of the Town, showing name and street number only, which is affixed to the dwelling or attached to a suitable support. In the case of a physician, surgeon, dentist, lawyer, accountant, engineer or architect, such sign may show, in addition to the name and street number, the class of profession. Such sign shall not exceed one square foot in area, or two feet in a linear dimension. A temporary sign relating to proposed sale or rental of a lot of real property, and any buildings thereon, may be displayed but may not exceed four square feet in area.

[2]

No other billboard, sign or other advertising device shall be posted, erected, displayed or maintained in the Town of Longmeadow except as the same may be permitted under the provision of the statutes of the Commonwealth of Massachusetts and rules and regulations adopted thereunder, or as may be permitted under the provision of Chapter 242 of the General Bylaws of the Town of Longmeadow, or as may be permitted by this Subsection A(7)(g), or by Article IV, § 315-19D(2) and (3), of this Zoning Bylaw.

(h)

Outdoor fireplace, or barbecue, subject to approval of the Fire Department.

Accessory Dwelling Units.

(1)

Definition. An Accessory Dwelling Unit ("ADU") is an attached or detached Dwelling Unit that is accessory to a principal single-family Dwelling Unit and is otherwise defined in accordance with the provisions of MGL c. 40A, § 1A, and 760 CMR 71.00 et seq., as may be amended.

(2)

Use schedule.

(a)

ADUs are allowed as a matter of right in all zones where single family residential houses are allowed. ADUs are prohibited in all other districts.

(b)

Only one ADU is allowed as a matter of right on any property.

(c)

ADUs may not be used as Short-Term Rentals, as such term is defined in MGL c. 64G, § 1, or otherwise rented for a period shorter than 31 days.

(3)

Dimensional requirements.

(a)

An ADU may be no larger in gross floor area than one half of the gross floor area of the principal Dwelling Unit on the property or 900 square feet, whichever is less.

(b)

ADUs shall comply with any and all frontage, setback, height, and lot coverage requirements, as may be applicable, as contained in Article V, Height and Area Regulations, of this Zoning Bylaw.

(c)

Conversions of existing non-residential accessory structures or portions thereof to ADUs are permitted provided that either: 1) the existing accessory structure complies with the above-described dimensional requirements; or 2) a conversion of an existing pre-existing nonconforming accessory structure is not externally enlarged or expanded unless enlargement or expansion receives a finding in accordance with Subsection B(6) of this Accessory Dwelling Unit Bylaw.

(4)

Parking.

(a)

At least one off-street parking space must be provided for all ADUs, provided that no parking space shall be required if the subject property is located within one half mile of a Transit Station as such term is defined under 760 CMR 71.02.

(b)

Parking may be in a driveway or a garage, but the parking space may not be a tandem space with a parking space for the primary single-family structure.

(c)

The construction of a new garage to serve an ADU shall require a Special Permit from the Planning Board.

(5)

Site Plan Approval.

(a)

All ADUs are required to obtain Site Plan Approval from the Planning Board pursuant to the procedures in § 315-45 of this Zoning Bylaw, provided that the Site Plan Review criteria shall be limited to the following:

[1]

Minimization of tree, vegetation, and soil removal and grade changes.

[2]

Compatibility of the architectural style of the ADU and existing principal dwelling on the subject property.

[3]

Orientation of the ADU and existing principal dwelling.

[4]

Adequacy of landscaping and screening

[5]

The adequacy of water supply and septic service.

[6]

Adequacy of parking, as required hereunder, which shall maximize convenience and safety for vehicular and pedestrian movement within the property and in relation to adjacent ways.

(b)

The Planning Board may request reasonable plan modifications of the Site Plan for an ADU and may impose reasonable conditions that are not inconsistent with this bylaw or the provisions of MGL c. 40A, § 3.

(6)

Relationship to non-conformities. If an attached ADU is proposed for a pre-existing, non-conforming single-family primary residence, the requirements of § 315-24A of this Zoning Bylaw shall apply, as may be required, provided that no special permit may consider the ADU use or impose conditions on such use.

Any church or other religious purpose or for any religious, sectarian or denominational education purpose. A church may erect and display a customary bulletin board.

Public school, library, museum, park, playground, or recreational building.

Municipal buildings and facilities, together with the garaging of automotive equipment.

Off-the-street parking areas incidental to any of the installations under Subsections B, C, and D above.

Except as otherwise provided in the bylaw, the Zoning Board of Appeals may, in its discretion, in appropriate cases, and subject to appropriate conditions and safeguards, grant special permits for any of the following:

(1)

Driveways over land for ingress to and egress from adjacent land in a Business Zone owned by the same person or persons.

(2)

Private school, hospital, sanitarium, convalescent home, rest home, club not conducted for profit, or guest house, together with serving of meals.

(3)

Cemetery, together with chapel, and crematory whose use shall be restricted to the cemetery within which it is located.

(4)

Private stable not conducted for profit, farm, truck garden, nursery, or greenhouse.

(5)

Keeping of domestic fowl, or the keeping of domestic animals outside of the quantity restrictions of Subsection A(7)(d) preceding.

(6)

Any public utility building or installation, not to include the garaging of trucks or the outside storage of materials and supplies and the installation and use of meter stations, take stations, city gates and connected facilities; or any building for the exclusive use of the United States government or any agency thereof. A "connected facility" is any facility for receiving, processing, and otherwise handling natural gas for sale to consumers.

(7)

Garaging and maintaining of more than three automobiles under Subsections A, B, and C, and Subsection A(7)(a) of this section; or any automotive equipment under Subsection F(2), (3), (4), (6) and (10) of this section.

(8)

Fence or planting on land owned by the Town of Longmeadow showing a greater density or extending to a greater height than that permitted under the preceding paragraph 1.2h.

(9)

Pool, of the class set forth under Subsection A(7)(f) hereof, whose normal water surface area exceeds the area limitation previously imposed but in no case violates any other restriction placed thereon.

(10)

Home occupations may be carried on for gain by a resident occupant in any residential zone, not previously specifically permitted, limited to that which may be conducted within a residential dwelling without in any way changing the appearance or condition of the residence.

(a)

There shall be no employment of help other than members of the resident family.

(b)

No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference off the premises. In the case of electrical interference, no equipment or process shall be used which creates audible or visual interference in any radio, television receiver, or telephone off the premises.

(c)

The home occupation shall not generate additional pedestrian or vehicular traffic.

(d)

No more than 25% of the gross area of one floor of any residence shall be used for a home occupation. The use of accessory buildings for a home occupation is prohibited.

(e)

No outside display of advertising shall be permitted.

(f)

In no way shall the appearance of the structure be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character.

(g)

No home occupation shall cause any considerable increase in the use of water, sewer or trash collection.

(h)

The petitioner must apply to and a permit to conduct a home occupation must be obtained from the Zoning Board of Appeals. A permit shall initially be used for a period of one year. Any renewal shall be issued for a period not longer than three years. Each renewal shall be considered a new application.

(11)

Wireless communications facilities as provided in Article XII of this bylaw.

(12)

Monument signs for nonresidential uses located within residential zones. Monument signs immediately adjacent to a nonresidentially used property's entrance or driveway identifying the name of the entity or establishment located upon the same property. The following dimensional restrictions shall apply:

(a)

Maximum area: 15 square feet on lots with an area less than an acre; 40 square feet on lots containing greater than an acre.

(b)

Maximum height: six feet.

(c)

Maximum number: two per vehicular ingress/egress.

(d)

Minimum setback: 10 feet.

§ 315-18 Uses in Agricultural Zone.

In the Agricultural Zone, except as may be herein otherwise provided, no building or structure or land shall be used, and no building or structure shall be erected or altered, which is intended or designed to be used for any purpose except one or more of the following:

Any use permitted in the residence zones as delineated under Article IV, § 315-17A through E, of this bylaw.

Any use cited under Article IV, § 315-17F(4), (5) or (8), of this bylaw, all without reference to or permission of the Zoning Board of Appeals. Any use cited under Article IV, § 315-17F(6), may be allowed with a special permit from the Zoning Board of Appeals and site and design review approval by the Planning Board. The operation of any such facility shall be subject to regulation by the Town of Longmeadow as set forth in Article XI of the Zoning Bylaw.

[Amended 8-20-2019 STM by Art. 1, approved 1-21-2020]

Any use cited under Article IV, § 315-17F(1), (2), (3), (7), (9), (10), (11) and (12) of this bylaw, subject to the restrictions and procedure of Article IV, § 315-17F, of this bylaw.

[Amended 5-13-1997 ATM by Art. 25, approved 9-4-1997]

The raising and keeping of farm animals, restricted to horses, cows, and sheep.

The storage, maintenance, and operation of auxiliary farm equipment, the use of which is required within the zone.

In addition to the detached buildings and structures enumerated under Article IV, § 315-17A(7), of this bylaw, those properties used for farming may include as primary or accessory structures the following:

(1)

Appropriate shelter and enclosure for those animals listed under Subsection D, or for that equipment listed under Subsection E hereof, or both.

In addition to the detached buildings and structures enumerated under Article IV, § 315-17A(7), of this bylaw, those properties which front upon the Connecticut River may include as primary or accessory structures one or more of the following:

(1)

Boathouse, of such size and facility as to accommodate not more than one craft over 16 feet in length, together with not more than two lesser craft, or three lesser craft alone, and which shall be used exclusively for the storage of such craft and accessories thereto.

(2)

Dock, or similar riverside facility, intended for and used exclusively by craft belonging to the owner and to his nonpaying guests, and not for hire.

Any permit granted under Article IV, § 315-17F and F(2), of this bylaw in connection with riverfront property may include permission for facilities of the class to which Subsection G hereof is directed, but of appropriately larger dimension and utility.

Large-scale ground-mounted solar photovoltaic installations as provided in Article XIII of this bylaw.

[Added 10-26-2010 STM by Art. 11, approved 12-17-2010]

§ 315-19 Uses in business zones.

In the business zones, except as herein otherwise provided, no building or land shall be used and no building shall be erected or altered which is intended or designed to be used for any purpose except one or more of the following:

Any use permitted in residence zones as designated in Article IV, § 315-17A to E, inclusive, of this bylaw.

Any use permitted in residence zones as designated in Article IV, § 315-17F, of this bylaw, except § 315-17F(6), all without reference to or permission of the Zoning Board of Appeals. Any use cited by § 315-17F(6) may be allowed following the issuance of a special permit by the Zoning Board of Appeals and site design approval by the Planning Board. The operation of any such facility shall be subject to regulation by the Town of Longmeadow as set forth in Article XI of the Zoning Bylaw.

[Amended 8-20-2019 STM by Art. 1, approved 1-21-2020]

Bank, business or professional office, or place of retail business, or service, including parking lot for customers thereof, except those uses listed in § 315-19E(1) through (8), provided that any new or different use will be legal only if the Zoning Board of Appeals has found adequate off-street parking facilities are available to the patrons of the occupiers of any such place, and no building permit shall be issued until such finding has been made.

Accessory uses to the foregoing shall include only the following:

(1)

Garaging and maintaining of not more than four motor vehicles.

(2)

Billboards, signs and advertising devices.

(a)

An owner of premises in a business zone as shown on the Zoning Map of the Town, or his lessee or tenant, may erect and maintain a single sign affixed to a structure, or the portion thereof devoted to the business transaction thereon, whose length shall not exceed two feet less than the width of said structure or said portion, as the case may be, and whose height shall not exceed three feet; affixed at a height determined by the Building Commissioner. Any sign or other advertising device which shall be painted or otherwise placed upon said structure, without the use of a separate board or other removable construction, shall be deemed to be so affixed under the provisions of this subsection. Said sign may advertise or indicate either the person occupying the premises in question or the business transacted thereon, but shall not make reference to a specific item. Signs relating to a specific item or items for sale within the premises may be displayed in the windows, or at any point within the area normally devoted to the service of customers, but in no case shall such a sign, or any item, be displayed or stored outside of the building, except in the case of a business devoted to the service of motor vehicles, and then only in the manner and to the extent approved by the Zoning Board of Appeals.

(b)

No other billboard, sign or other advertising device shall be posted, erected, displayed or maintained in the Town of Longmeadow except as the same may be permitted under the provisions of the statutes of the Commonwealth of Massachusetts and rules and regulations adopted thereunder, or as may be permitted under the provisions of Chapter 242 of the General Bylaws of the Town of Longmeadow, or as may be permitted by this Subsection D(2) or by Subsection D(3), or by Article IV, § 315-17A(7)(g), of this Zoning Bylaw.

(3)

The Zoning Board of Appeals may, in its discretion, in appropriate cases and subject to appropriate conditions and safeguards, permit an owner, lessee or tenant to display, under the provisions and limitations of Subsection D(2) hereof, a sign or signs in addition to the single sign therein permitted.

The Zoning Board of Appeals may, in its discretion, in appropriate cases, and subject to appropriate conditions and safeguards, including adequate parking facilities, grant special permits for any of the following uses:

(1)

Public garage.

(2)

Gasoline filling station.

(3)

Service station.

(4)

Theater or other place of amusement, not including open-air "drive-in theaters," so-called.

(5)

Assembly hall.

(6)

Club.

(7)

Package store.

Nothing in this section shall be construed so as to permit manufacturing of any kind whatsoever, except as incidental to retail business, the product to be sold on premises to ultimate consumer.

Any residential property which is adjacent to a business or professional zone shall not be paved for use as additional parking area and shall not be used in the determination of the adequacy of off-street parking.

§ 315-20 Uses in Professional Zone.

[Amended 5-13-2014 ATM, approved 6-30-2014]

In the Professional Zone, except as herein otherwise provided, no building, structure or land shall be used and no building or structure shall be erected or altered which is intended or designed to be used for any purpose except one or more of the following:

Any use permitted in residence zones as designated in Article IV, § 315-17A through F, inclusive, of this bylaw.

Professional offices for physician, surgeon, chiropodist, podiatrist, dentist, lawyer, accountant, architect, psychologist or engineer, practicing individually or in a group, insurance offices, consultants, financial services, administrative offices, and real estate offices, including a parking lot for customers thereof, provided that any use will be legal only if the Zoning Board of Appeals has found adequate off-street parking facilities are available to the patrons of the occupiers of any such place, and no building permit shall be issued until such finding has been made.

Medical marijuana treatment center/registered marijuana dispensary.

Off-site medical marijuana dispensary.

§ 315-21 Uses in Elderly Residential Zone.

In the Elderly Residential Zone, no building or other structure shall be erected, altered or used and no land shall be used or occupied for any purpose except for one or more of the following purposes:

(1)

Any use permitted in residence zones as designated in Article IV, § 315-17A through F, inclusive, of this bylaw.

No Elderly Residential Zone shall be located on any parcel of land containing less than five acres.

The elderly residential uses permitted within this zone shall permit the erection and maintenance of dwelling units for the aged or handicapped, including multiple-dwelling units and including accessory meeting rooms and/or buildings and recreational facilities and dining and garage facilities, all conducted not for profit.

(1)

No more than 20% of the land area of any development within this zone shall be occupied by buildings.

(2)

All ways and roads installed pursuant to a development of the land under this zoning section shall be constructed in accordance with the existing rules and regulations and standards adopted by the Town.

(3)

No land may be developed under this zoning section unless there are available in the public ways adjacent to the parcel municipal sewer, water, and storm drainage facilities adequate to service any proposed development; and if such facilities are lacking, then the developer must provide alternate facilities acceptable to the Planning Board.

(4)

No residential unit shall be leased to any person or persons less than 62 years of age.

(5)

On-site, off-street parking facilities, adequate to accommodate all of the users of any proposed development, must be included in any developer's final plans and actually included in the development of any land hereunder. The Planning Board shall have jurisdiction over the matter of the adequacy of off-street parking facilities, and no building permit shall be issued unless and until the Planning Board has made an appropriate endorsement on any developer's final plans in which it certifies that the off-street parking facilities shown thereon are deemed by it to be adequate.

(6)

Not more than 10 residential units per acre may be erected or created by alteration on any lot.

(7)

Vehicular access to a public way or ways must be provided at a minimum of two locations.

(8)

No residential building shall be located nearer than 40 feet to any other residential building.

Accessory uses to the foregoing shall include only the following:

(1)

Garaging and maintaining of not more than four motor vehicles and/or motorized maintenance equipment.

(2)

A single detached sign may be erected and maintained on any land in this zone, showing the name of the owner, project name and lessee and street number only. Any such sign shall not exceed four square feet in area. There shall be permitted in this zone one sign attached to each building, which sign shall not exceed two square feet in area. A temporary sign relating to the proposed sale or rental of any land or dwelling unit in this zone and any building thereon and a temporary construction sign may be displayed, but any such sign may not exceed four square feet in area.

Anyone desiring to develop land in the Town under this section of the Zoning Bylaw must proceed as follows:

(1)

The developer must first have obtained the approval of the Town for a change of zone for the parcel or parcels to be developed to be zoned as "elderly residential." He/she shall then submit to the Planning Board for its approval a schematic site plan which must depict all existing and proposed developments of any nature whatsoever, and without attempting to limit the generality of the foregoing, it is specifically provided herein that any such plan must show all existing and proposed buildings; driveway openings; fences; landscape features, such as planted areas, trees and walks; loading areas; parking areas; recreational facilities; roads and signs. In addition to the foregoing, the developer must also submit to the Planning Board for its approval architectural plans showing the exterior design and dimensions of all proposed buildings, structures and recreational facilities. The architectural plans must either contain or be accompanied by a statement setting forth the type of materials of which various improvements are to be constructed.

(a)

(b)

In the event that any developer does obtain final approval of both his schematic site plan and architectural plans from the Planning Board, he/she shall not deviate, except to a minor extent therefrom in the actual development of any land hereunder without first obtaining approval and consent from a majority of the regular members of the Planning Board to any proposed alterations.

(c)

(d)

The Planning Board shall require certificates of insurance for a surety licensed to do business in the Commonwealth of Massachusetts wherein the surety attests to the existence of a payment and a performance bond insuring the full and faithful performance of all obligations of the contractor in an amount equal to 100% of the estimated fair market value of the proposed development, naming the contractor as principal and the developer and mortgagee, if any, as obligees thereunder.

(2)

Any developer who obtains the final approval of the Planning Board as required under Subsection E(1) shall then apply to the Building Commissioner for the issuance of a building permit, and the application must be accompanied by detailed architectural drawings which shall depict the location, dimensions and type of construction of all the improvements approved by the Planning Board pursuant to Subsection E(1) hereof, together with detailed engineering drawings which shall depict the location, dimensions and type of construction of both the above- and belowground utilities; the location, dimensions, and type of disposal of sewage, refuse and other waste materials; and the location, dimensions and type of construction of any facilities designed for the purpose of providing the drainage of surface water. After the Building Commissioner is satisfied that the detailed architectural and engineering plans submitted by the developer are in all respects in compliance with all applicable laws and regulations, he/she shall so notify the developer, in writing, then the developer shall have 30 days from the date of receipt of notice of final approval to obtain and submit to the Planning Board the certificates of insurance as required by Subsection E(1). Upon receipt of the certificates of insurance, the Planning Board shall forthwith notify the Building Commissioner, who shall immediately thereafter issue a building permit to the developer. Any building permit issued by the Building Commissioner hereunder shall contain a provision that construction must be commenced under the permit within one year of the date of its issuance and that all construction permitted thereunder must be completed within three years of the date of issuance.

§ 315-22 Uses in Elderly Congregate Residential Zone.

[Amended 9-25-1990 STM by Art. 1, approved 1-9-1991]

In the Elderly Congregate Residential Zone, no building or other structure shall be erected, altered or used and no land shall be occupied for any purpose except for one or more of the following purposes:

(1)

Any use permitted in residence zones as designate in Article IV, § 315-17A through F, inclusive, of this bylaw.

No Elderly Congregate Residential Zone shall be located on any parcel of land containing less than three acres.

The elderly congregate residential uses permitted within this zone shall permit the erection and maintenance of single or multiple-dwelling units for the aged or handicapped, which shall include congregate living facilities and services. The congregate living facilities and services may include accessory meeting rooms and/or buildings, recreational facilities and dining and garage facilities or other, similar congregate living facilities and/or services. All of the facilities and services devoted to such dwelling units do not, however, have to be congregate, provided that some congregate facilities and/or services exist with respect to such dwelling units.

(1)

No more than 20% of the land area of any development within this zone shall be occupied by buildings containing dwelling units.

[Amended 5-14-1996 ATM by Art. 20, approved 7-9-1996]

(2)

(3)

(4)

No residential unit shall be sold or leased to any person less than 62 years of age; provided, however, that this requirement shall be satisfied if the unit is sold, leased or otherwise transferred to a trustee or trustees of a trust if the unit is occupied by a beneficiary of the trust who is not less than 62 years old or leased to an individual who is not less than 62 years old.

[Amended 5-9-2000 ATM by Art. 24, approved 8-17-2000]

(5)

On-site, off-street parking facilities adequate to accommodate all of the users of any proposed development must be included in any developer's final plans and actually included in the development of any land hereunder. The Planning Board shall have jurisdiction over the matter of the adequacy of off-street parking facilities, and no building permit shall be issued unless and until the Planning Board has made an appropriate endorsement on any developer's final plans in which it certifies that the off-street parking facilities shown thereon are deemed by it to be adequate.

(6)

Not more than 15 residential units per acre may be erected or created by alteration on the land area of any development within this zone.

(7)

Vehicular access to a public way or ways must be provided at a minimum of two locations.

(8)

No residential building shall be located nearer than 40 feet to any other residential building.

Accessory uses to the foregoing shall include only the following:

(1)

Garaging and maintaining of not more than one motor vehicle for each dwelling unit within the zone.

(2)

A single detached ground sign may be erected and maintained in this zone. Any such sign shall not exceed four square feet in area. There shall be permitted in this zone one sign attached to each building, which sign shall not exceed two square feet in area. A temporary sign relating to the proposed rental of any dwelling unit in this zone and any building thereon and a temporary construction sign may be displayed, but any such sign may not exceed four square feet in area.

Anyone desiring to develop land in the Town under this section of the Zoning Bylaw must proceed as follows:

(1)

The developer must first have obtained the approval of the Town for change of zone for the parcel or parcels to be developed to be zoned as "elderly congregate residential." The developer shall than submit to the Planning Board for its approval a schematic site plan which must depict all existing and proposed development of any nature whatsoever, and without attempting to limit the generality of the foregoing, it is specifically provided herein that any such plan must show all existing and proposed buildings; driveway openings; fences; landscape features, such as planted areas, trees and walks; loading areas; parking areas; recreational facilities; roads and signs. In addition to the foregoing, the developer must also submit to the Planning Board for its approval architectural plans showing the exterior design and dimensions of all proposed buildings, structures and recreational facilities. The architectural plans must either contain or be accompanied by a statement setting forth the type of materials of which the various improvements are to be constructed.

(a)

Unless otherwise specifically provided by law, only the majority vote of all the regular members of the Planning Board then in office shall be required in respect to the approval of the plans which any developer is required to submit to it hereunder. In the event that any developer does obtain final approval of both its schematic site plan and architectural plans from the Planning Board, the developer shall not deviate, except to a minor extent therefrom in the actual development of any land hereunder without first obtaining approval and consent from a majority of the regular members of the Planning Board to any proposed alteration.

(b)

Before granting final approval of the plans which a developer is required to submit hereunder, the Planning Board may require the developer to enter into a written agreement with it, setting forth a full and complete description of all improvements to be made on the subject parcel, including all utilities and services to be installed by the developer, and which shall contain a statement that in the development of any such project, the developer shall not deviate, except to a minor extent, from the architectural and engineering plans which have been approved by both Planning Board and Building Commissioner, under either Subsection E(1) or (2) of this section, as the case may be, without first obtaining the approval of Building Commissioner in respect to matters coming under the Building Commissioner's jurisdiction and, in all events, the approval of the Planning Board in regard to all proposed changes. The Planning Board shall require certificates of insurance from a surety licensed to do business in the Commonwealth of Massachusetts wherein the surety attests to the existence of a payment and a performance bond insuring the full and faithful performance of all obligations of the contractor in an amount equal to 100% of the estimated fair market value of the proposed development, naming the contractor as principal and the developer and mortgagee, if any, as obligees thereunder.

(2)

Any developer who obtains the final approval of the Planning Board as required under Subsection E(1) shall then apply to the Building Commissioner for the issuance of a building permit, and the application must be accompanied by detailed architectural drawings which shall depict the location, dimensions and type of construction of all of the improvements approved by the Planning Board pursuant to Subsection E(1) hereof, together with detailed engineering drawings which shall depict the location, dimensions and type of construction of both the above- and belowground utilities; the location, dimension, and type of disposal of sewage, refuse and other waste materials; and the location, dimensions and type of construction of any facilities designed for the purpose of providing drainage of surface water. After the Building Commissioner is satisfied that the detailed architectural and engineering plans submitted by the developer are in all respects in compliance with all applicable laws and regulations, the Building Commissioner shall so notify the developer in writing, then the developer shall have 30 days from the date of receipt of notice of final approval to obtain and submit to the Planning Board the certificates of insurance as required by Subsection E(1). Upon receipt of the certificates of insurance, the Planning Board shall forthwith notify the Building Commissioner, who shall immediately thereafter issue a building permit to the developer. Any building permit issued by the Building Commissioner hereunder shall contain a provision that construction must be commenced under the permit within one year of the date of issuance and that all construction permitted thereunder must be completed within three years of the date of issuance.

§ 315-23 Uses in Residential Condominium Reuse Zone.

In the Residential Condominium Reuse Zone, no building or other structure shall be erected, altered or used and no land shall be used or occupied for any purpose except for one or more of the following purposes:

Permitted uses.

(1)

Attached, permanent, multiple-family condominium dwelling, together with an integral or detached garage capable of housing not more than one registered motor vehicle per unit, all of which shall be noncommercial passenger type. For the purposes of this bylaw, all reference to "condominium" and "building" shall be as defined, and the permitted use of all property within this zone shall be in accordance with Massachusetts General Laws Chapter 183A in effect as of the date of the passage of this Zoning Bylaw amendment.

(2)

Detached buildings and structures, as enumerated hereunder, may be constructed and erected as accessory to the dwelling, provided that the total land area occupied by such accessory buildings and structures shall not exceed 30% of the gross land area within the property lines and to the rear of the secondary setback line as defined under Article V.[1]

[1]

Editor's Note: Original Subsection 1.3, which immediately followed this subsection, was repealed 5-13-2003 ATM by Art. 25, approved 9-23-2003.

(3)

Any other use allowed in the form of a variance or special permit issued by the Town of Longmeadow Planning Board.

The uses permitted within the Residential Condominium Reuse Zone shall permit the alteration and maintenance of primary existing structures within the existing floor plan area for multiple-dwelling condominium units, and the alteration, erection and maintenance of accessory buildings to provide facilities for meetings, recreation, dining, storage or garaging.

(1)

Newly erected accessory buildings shall be allowed but only of such size that their area does not exceed 20% of the total floor plan area of the primary existing structures at the time of zoning passage.

(2)

All ways and roads installed on public land pursuant to a development of land under this zoning section shall be constructed in accordance with the existing rules and regulations and standards adopted by the Town, with Planning Board approval. Vehicular access to a public way must be provided.

(3)

No land may be developed under this section unless there are available in the public ways adjacent to the parcel municipal sewer, water, and storm drainage facilities adequate to service any proposed development, and if such facilities are lacking, then the developer must provide alternate facilities acceptable to the Planning Board and Board of Health.

(4)

(5)

Not more than six residential units per acre may be erected or created by alteration on any parcel of land within this zone.

(6)

No part of any newly erected building, except interior access roads, parking areas, walkways, steps, roof overhangs and decorative fencing, shall be within 40 feet of any off-site existing residential building.

Accessory uses in addition to uses outlined in Article III shall include only the following:

(1)

Garaging and maintenance of not more than four motor vehicles for maintenance purposes and/or motorized equipment.

(2)

Subject to Planning Board approval, no more than two detached signs may be erected and maintained on any land in this zone, showing the project name. Any such sign shall not exceed eight square feet in area. There shall be permitted in this zone an average of one sign attached to each building, which sign shall not exceed two square feet in area. Subject to Planning Board approval, a temporary sign relating to the proposed sale of any land or dwelling unit in this zone and any building thereon and a temporary construction sign may be displayed, but each sign may not exceed 16 square feet; the signs referred to in this subsection shall be allowed from year to year subject to renewal by the Planning Board.

Anyone desiring to develop land in the Town under this section of the Zoning Bylaw must proceed as follows:

(1)

The developer must first have obtained the approval of the Town for a change of zone for the parcel or parcels to be developed to be zoned as "residential condominium reuse." The developer shall then submit to the Planning Board for its approval a schematic site plan which must depict all existing and proposed developments of any nature whatsoever, and without attempting to limit the generality of the foregoing, it is specifically provided herein that any such plan must show all existing and proposed buildings; driveways; driveway openings; fences; landscape features, such as planted areas, trees and walks; loading areas; parking areas; recreational facilities; roads and signs. In addition to the foregoing, the developer must also submit to the Planning Board for its approval architectural plans showing the exterior design and dimensions of all proposed buildings, structures and recreational facilities. The architectural plans must either contain or be accompanied by a statement setting forth the type of materials of which the various improvements are to be constructed.

(a)

Unless otherwise specifically provided by law, only the majority vote of all the members of the Planning Board then in office shall be required in respect to the approval of the plans which any developer is required to submit to it hereunder.

(b)

In the event that any developer does obtain final approval of both his schematic site plan and architectural plans from the Planning Board, the developer shall not deviate, except to a minor extent, therefrom in the actual development of any land hereunder without first obtaining approval and consent from a majority of the regular members of the Planning Board to any proposed deviation.

(c)

Before granting final approval of the plans which a developer is required to submit hereunder, the Planning Board may require the developer to enter into a written agreement with it, setting forth a full and complete description of all improvements to be made on the subject parcel, including all utilities and services to be installed by the developer, and which shall contain a statement that in the development of any such project, the developer shall not deviate, except to a minor extent, from the architectural and engineering plans which have been approved by both the Planning Board and the Building Commissioner, under either Subsection D(1) or (2) of this section, as the case may be, without first obtaining the approval of the Building Commissioner in respect to matters coming under his jurisdiction and, in all events, the approval of the Planning Board in regard to all proposed changes. The Planning Board shall require either an irrevocable letter of credit or payment and performance bonds from a surety licensed to do business in the Commonwealth of Massachusetts for the full and faithful performance of all obligations of the contractor in an amount equal to 100% of the estimated direct construction and site development costs of the proposed development as approved by the Planning Board, naming the contractor as principal and the developer and mortgagee, if any, as obligees thereunder or, in the case of a letter of credit, entitling the Planning Board to draw against it.

(2)

Any developer who obtains the final approval of the Planning Board as required under Subsection D(1) hereof shall then apply to the Building Commissioner for the issuance of a building permit, and the application must be accompanied by detailed architectural drawings which shall depict the location, dimensions and type of construction of all of the improvements approved by the Planning Board pursuant to Subsection D(1) hereof, together with detailed engineering drawings which shall depict the location, dimensions and type of construction of both the above- and belowground utilities; the location, dimensions, and type of disposal of sewage, refuse, and other waste materials; and the location, dimensions and type of construction of any facilities designed for the purpose of providing the drainage of surface water. After the Building Commissioner is satisfied that the detailed architectural and engineering plans submitted by the developer are in all respects in compliance with all applicable laws and regulations, the Commissioner shall so notify the developer, in writing, and the developer shall have 60 days from the receipt of notice of final approval to obtain and submit to the Planning Board the irrevocable letter of credit or the payment and performance bond as required by Subsection D(1). Upon receipt of the letter of credit or bond, the Planning Board shall forthwith notify the Building Commissioner, who shall immediately hereafter issue a building permit to the developer. Any building permit issued by the Building Commissioner hereunder shall contain a provision that the construction must be commenced under the permit within one year of the date of its issuance and that all construction thereunder must be completed within two years of the date of issuance.

§ 315-24 Nonconforming buildings and uses.

Any building or use of a building or part thereof, or any use of land or part thereof which, at the time of the adoption of the original Longmeadow Zoning Bylaw, or any amendment thereto, lawfully was and still is being put to a use not conforming to the use regulations of the zone in which such building or land is located may continue to be used for the same purpose under the following conditions:

A preexisting nonconforming use or structure may not be extended, altered or changed except by a special permit from the Zoning Board of Appeals (ZBA). The proposed extension, alteration or change of a nonconforming use or structure must meet the following criteria:

[Amended 10-18-1994 STM by Art. 14, approved 1-18-1995]

(1)

The proposed extension, alteration or change may increase any nonconformity as long as the proposed extension, alteration or change would not be substantially more detrimental to the neighborhood than the existing use or structure.

If the nonconforming building is destroyed by fire, explosion, act of the public enemy, or act of God to the extent of 50% or more of its replacement value, it may be rebuilt on the same footprint within a five-year time frame, but any future use of the premises shall conform to the use regulations of the zone in which the building and lands are located.

[Amended 5-16-2021 ATM by Art. 38]

If the nonconforming building is destroyed by fire, explosion, act of the public enemy, or act of God to an extent of less than 50% of its replacement value, it may be restored to its condition just prior to the destruction, but not enlarged, and the nonconforming use of the building and land may be resumed, but not increased or extended in any way nor changed to another nonconforming use.

If the nonconforming use of the building or land is discontinued for a period of one year, it shall not be reestablished and any future use shall conform to the use regulations of the zone in which such building or land is located.

A nonconforming use may not be changed to another nonconforming use, except by permission of the Zoning Board of Appeals.

A nonconforming use if changed to a conforming use may not thereafter be changed back to any nonconforming use.

Nothing herein shall prevent the restoration of a wall or roof declared unsafe by the Building Commissioner.

§ 315-25 Fences.

[Amended 5-7-2013 ATM by Art. 26, approved 7-26-2013]

No fence shall be erected in any zone except a fence which shall be within one of the classes and of a height as set forth herein, subject to the provisions of Article V, § 315-37, and which shall not be constructed forward of the street setback line:

Wire mesh, if at least 80% open space to a maximum height of four feet if between the street and secondary setback line, or to a maximum height of six feet if elsewhere, except that in the case of a fence to the rear of the secondary setback line specifically intended to enclose the area occupied by a tennis court or pool, the height may be increased to a maximum of 10 feet.

Rail, having not more than three horizontal bars and having vertical posts spaced approximately their height apart, to a maximum height of three feet if between the street and the secondary setback line or to a maximum height of four feet if elsewhere.

Lattice, showing a minimum of 50% open space to a maximum height of four feet if between the street and secondary setback line, or to a maximum height of six feet if elsewhere.

Picket, showing a minimum of 50% open space to a maximum height of four feet; picket stockade-type without restriction as to open space to a maximum height of four feet if between the street and the secondary setback line, or to a maximum height of six feet six inches if elsewhere, except that in the case of a fence to the rear of the secondary setback line specifically intended to enclose the area occupied by a tennis court or pool, the height may be increased to a maximum of 10 feet.

Planting(s) in the nature of a fence as previously defined in this Zoning Bylaw, to a maximum height of four feet if between the street and secondary setback line or to an unrestricted height if elsewhere. Trees may be permitted to grow to any height in any location and shall not constitute a fence so long as the location of the trunks and the positions of the branches with relation to other planting do not constitute a fence as defined in this Zoning Bylaw.

Any combination of the above fence types, other than trees as permitted above, or any other type of fence, to a maximum height of four feet if between the street and secondary setback line, or to a maximum height of six feet six inches if elsewhere.

§ 315-26 Moving of earth.

No soil, loam, sand, or gravel shall be removed from or deposited upon any tract, parcel, or lot of land within the Town except under one or more of the following conditions:

(1)

As may be required to bring any tract or parcel of land to grade as established by a subdivision plan approved by the Planning Board.

(2)

As may be required to bring any lot or parcel of land to grade as established by a plan of building or structure and associated land approved by the Building Commissioner.

(3)

As may be required to bring approved street or way to grade as established by a plan approved by the Planning Board or accepted by the Town.

(4)

As may be required or customary in the normal maintenance or improvement of any developed property, including private domestic gardening.

(5)

As may be required in the performance of any public work under municipal, county, state, or federal authority.

The Building Commissioner shall issue a permit for the removal or deposit of earth in the absence of prerequisite conditions cited heretofore, but shall require other precedent conditions as follows:

(1)

The operation must be either an adjunct to a primary operation generating under one or more of the preceding subsections, or an inherent improvement of the land in question.

(2)

The operation must be of such character and extent as to leave the affected land no less desirable or useful then it was before the commencement of the operation, and must not be to the detriment of abutting property.

(3)

The owner of the affected land shall have filed a definitive contour plan or map with the Planning Board, together with request for consideration and approval, and shall have obtained such approval as evidenced by an appropriate endorsement upon the plan. Said plan shall have been prepared by a licensed engineer from field data at the expense of the petitioner and shall be in such detail as the Board may direct in the particular instance.

(4)

A copy of said plan, so endorsed, shall be submitted to the Building Commissioner, together with an application for a permit to conduct the indicated operations.

(5)

A permit shall state, in addition to a description of the work permitted, a date on or before which the work must be completed according to plan.

(6)

The Building Commissioner shall require a bond in a sufficient penal sum, with sufficient surety or sureties, conditioned on the performance, by the permittee, of the work according to the details of the plan and the conditions of the permit.

The penalty for the removal of soil, loam, sand or gravel in violation of this section shall be as follows: for the first offense, $50; and for the second offense, $100; and for subsequent offense, $200; and for violation of any other provision of this section, not exceeding $20 for each offense; recoverable as provided in MGL c. 40, § 21.

§ 315-27 Prohibition on marijuana establishments.

[Amended 10-25-2022 STM by Art. 25, approved 3-29-2023]

In accordance with MGL c. 94G, § 3(a)(2), all types of marijuana establishments, as defined in MGL c. 94G, § 1, and as may otherwise be defined by Massachusetts law or regulation, to include, without limitation, all marijuana cultivators, marijuana testing facilities, marijuana product manufacturers, marijuana retailers, on-site consumption at a business location, any other types of licensed marijuana-related businesses, and the conducting of any such activity for commercial purposes by whichever name used, shall be prohibited within the Town of Longmeadow. This prohibition shall not be construed to affect the medical use of marijuana as expressly authorized by the provisions of MGL c. 91I and 935 CMR 501.000 (as the same may be amended from time to time).