Cummington City Zoning Code

1. Exemptions -This Zoning By-Law or any amendments thereto shall not apply to:

a. Structures or uses lawfully in existence or lawfully begun.

b. A Building or Special Permit issued before the first publication of notice of the public hearing on this By-Law or any amendments thereto.

c. Alteration, reconstruction, extension or structural change to a non-conforming structure lawfully in existence or lawfully begun, if the non-conforming nature of the structure is not increased.

2. Applications - This Zoning By-Law or any amendments thereto shall apply to:

a. Any change or substantial extension of a use lawfully in existence or lawfully begun.

b. A Building or Special Permit issued after the first publication of public hearing on this By-Law or any amendments thereto.

c. Reconstruction, extension or structural change of any structure lawfully in existence or lawfully begun.

d. Alteration of a structure begun after the first publication of notice on this By-Law or any amendments thereto when such alteration will provide for its use for a substantially different purpose or for the same purpose in a substantially different manner or to a substantially greater extent.

3. Pre-existing- Pre-existing non-conforming structures or uses may be extended, altered or changed, provided, the Board of Appeals makes a finding that such extension, alteration or change shall not be substantially more detrimental than the existing non-conforming use.

4. Amendments - Construction or operations under a Building or Special Permit shall conform to any subsequent amendment of this Zoning By-Law unless the use or construction is commenced within a period of not more than six months after the issuance of the permit, and in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable.

5. Abandonment - Abandonment shall be defined as the cessation of a non-conforming use as indicated by the visible or otherwise apparent intention of an owner to discontinue a non-conforming use of a structure or lot; or, the removal of the characteristic equipment or furnishing used in the performance of the non-conforming use, without its replacement within six (6) months by similar equipment or furnishings; or, the cessation by its replacement with a conforming use or structure.

1. The keeping of more than one unregistered motor vehicle, assembled or unassembled, except by a person licensed under M.G.L., Chapter 140, Sec. 59, on any premises shall not be permitted, unless said motor vehicles are stored within an enclosed building or are exempted under sections 2 or 4. Violators of this By-Law are subject to the penalties and fines as set by the Selectboard.

2. A Special Permit to keep more than one unregistered motor vehicle on any premises not within an enclosed building, after a duly called public hearing to which all abutters to the premises have received notice, may be granted by the Board of Selectmen, if it finds that such keeping:

a. is in harmony with the general purpose and intent of this By-Law;

b. will not adversely affect the neighborhood; and

c. will not be a nuisance.

3. All such Special Permits granted shall limit the number of unregistered motor vehicles to be kept on the premises by the permit holder, shall not run with the land, and may be, subject to a time limitation.

4. This By-Law shall not apply to motor vehicles in operating condition, which are used for farming purposes, seasonal recreation, by contractors, or for property maintenance.

All driveways serving a lot with frontage on a public way shall be constructed to conform with the following conditions so as to insure safe access for all vehicles, including, but not limited to, emergency, fire and police vehicles:

1. A plan of the proposed driveway along with a fee, payable to the Town of Cummington, of $25.00 shall be submitted to the Highway Superintendent.

2. Plans for a new or existing driveway must conform to the following regulations and be approved by the Highway Superintendent before a building permit is issued.

3. Access for a lot shall be via its frontage on a public way.

4. No driveway shall be located within ten feet of any side or rear lot line.

5. The grade of each driveway where it intersects with the edge of the road shall not exceed 8% for a distance of 20 feet from the sideline of the public way.

6. The angle between the center line of the driveway and the street center line shall not be less than 60 degrees.

7. The driveway shall not interfere with any existing drainage ditches or allow water to flow on to the existing roadway.

8. An occupancy permit shall not be issued unless the driveway has been constructed to the approved plans, and inspected by the Highway Superintendent.

9. Driveways for non-occupied lots shall be inspected by the Highway Superintendent before usage is approved.